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Minutes 09-20-05 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 20, 2005 IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Vice Mayor Bob Ensler, Commissioner Mike Ferguson, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager Jim Cheraf, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Richard Floreck - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:31 p.m. Father Richard Floreck offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Carl McKoy. 1. Second Budget Public Hearing for Fiscal Year 2005/06 Budget 2. Proposed Resolution No. ROS-147 Re: Adopting the Final Millage Rate for Fiscal Year Millage Rate for fiscal year 2005/06 3. Proposed Resolution No. ROS-148 for fiscal year 2005/06 Re: Adopting the Final Budget Attorney Cherof read Proposed Resolutions No. ROS-147 and ROS-148 by title only. Mayor Taylor opened the meeting to the public for comments on both proposed resolutions. Warren Timm, 130 NE 26th Avenue, questioned why 26 employees were being paid out of the fire assessment fund instead of the general fund. He suggested the employees hired for the new fire stations be paid from the general fund so that the fire assessment monies can be used exclusively for capital improvement. Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 No one else coming forward Mayor Taylor closed the public audience. Motion Vice Mayor McCray moved to approve Proposed Resolution No. ROS-147. Commissioner McKoy seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting.) Motion Vice Mayor McCray moved to approve Proposed Resolution NO. ROS-148. Commissioner Ensler seconded the motion. Discussion Mr. Bressner noted there would be a position modification in the budget being the Parks and Landscape Planner position to be phased out effective December 1st. Contracted architectural services will be used in lieu of the position resulting in no change to the budget bottom line. Vice Mayor McCray asked where the funds would be coming from to hire the contractor. Mr. Bressner indicated the companies are coming before the Commission at the October 5th meeting for approval. ~ Motion passed 4-1. (Commissioner Ferguson dissenting.) D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Ensler suggested that item D.S under Consent Agenda and items C and D under Public Hearings be combined for hearing as one project. Commissioner Ensler requested the City Manager combined like items on future agendas. Mr. Bressner noted unless the ordinance on the Land Development Regulations is changed, the items must appear separate on the agenda. Attorney Cherof indicated the items can be combined as requested for hearing. Commissioner Ensler asked that items D.l, D.2, D.3 and DA under Consent Agenda and items A and B under Public Hearings, involving the Winchester properties, be combined for hearing under the Public Hearing section. Commissioner Ferguson pointed out there had been agreement to table item F on the Consent Agenda. Motion Vice Mayor McCray moved to table item F under the Consent Agenda to the first meeting in November. Commissioner Ferguson seconded the motion. Motion passed unanimously. 2 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 2. Adoption. Motion Commissioner Ferguson moved to approve the agenda as amended. Vice Mayor McCray seconded the motion. Motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission. Commissioner Ferguson announced on Sunday there had been two bilingual presentations on affordable housing, held in City Hall, attended by 358 Haitian/Americans. Also attending were Mayor Taylor, Commissioner Ensler, Kurt Bressner, Doug Hutchinson, Octavia Sherrod, David Zimet and representatives from Ocean Ridge and Representative Shaw's office. The thrust of the presentation was the possible establishment of a Land Trust to be discussed with the Community Redevelopment Agency (CRA). Commissioner Ferguson inquired of Fire Chief Bingham when the union negotiations were commenced and how many sessions were required. Bill Bingham, Fire Chief, responded the first session was held on March 30th and the last session was held on August 30th for a total of seven, two hour sessions. Commissioner Ferguson inquired of Mr. Bressner how many sessions were held with the police union and the white collar union negotiations. Mr. Bressner reported nine combined sessions were held with the PBA and one separate session with the Lieutenants only. He added the white collar union had nine sessions. Commissioner Ferguson asked how many sessions to date had been held for the blue collar union. Mr. Bressner responded thirteen sessions have been held. Commissioner Ferguson commented the fire contract is operable commencing October 1st after only seven sessions and it will be difficult to approve retroactive pay for the blue collar union when agreement is finally reached. Vice Mayor McCray thanked Don Johnson for all his hard work as head of the Building Department for many years. Mayor Taylor reported on the Annual International Downtown Awards banquet held in Denver and attended by members of the CRA, Mayor Taylor and Commissioner Ensler. Applications for awards were submitted from cities around the world. The Boynton Beach CRA submitted the Genesis program designed to assist businesses to stay in business during redevelopment. It was recognized as one of the 20 most outstanding programs throughout the world. Additionally 33 other cities are given recognition for programs and Boynton Beach received four of those awards. Mayor Taylor stressed Boynton Beach is on the cutting edge of redevelopment around the world and the City is fortunate to have Doug Hutchinson here as one of the best CRA Directors in the country. 3 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS, 8< PRESENTATIONS: A. Announcements: None. Diana Johnson, President of the Boynton Beach Chamber of Commerce presented the Commission with copies of the Boynton Beach Business Monthly and the 2005 Boynton Beach Street Map. She announced three upcoming events. First, the "Boynton Beach Community Development Forum", an economic development joint effort by the City, CRA, and Chamber of Commerce to be held on September 29th at the Holiday Inn on Congress showcasing retail and commercial space and business development. Second, the "Taste of Boynton" would be held at Westchester Country Club on Friday, October 7th with 20 local restaurants serving food samples, 12 wine tables featuring 100 different wines, a silent auction including a cruise and a band for dancing. Tickets would be available at the Chamber of Commerce Office and at City Hall in the Mall. Third, the "Annual Dinner Dance" to be held at Benvenuto's on Friday, November 4th, celebrating local artists and the Art in Public Places program. More information is available by calling the Chamber of Commerce. B. Community and Special Events: None. C. Presentations: 1. Proclamations: a. National Customer Service Week - October 3-7,2005 Mayor Taylor read and presented the National Customer Service Week Proclamation to Tony Penn and Sam Reep, Managers in Customer Service. Anthony Penn, Manager of Customer Service, commented this was the fourth year Boynton Beach has recognized Customer Service Week. There are many activities going on behind the scenes involving employees in Public Works, Utilities, Recreation and Parks that many citizens do not see. He invited everyone to come to City Hall for the week long festivities. 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> Herb Suss, Quail Run, commented on Commissioner Ferguson voting against the creation of a Veterans Advisory Board and funding for the Veterans Memorial. He asked that Commissioner Ferguson not be permitted to make appointments for the Veterans Board. Mr. Suss also alleged 4 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Commissioner Ferguson violated section 871.01 of the Florida Statutes and the City Code 3.125 for being out of order by taking a cell phone call while on the dias. Mr. Suss called for Commissioner Ferguson's immediate resignation for breaking the law. City Attorney Cherof advised the Commissioner he has the obligation to vote on items on the agenda unless he has a personal conflict, none of which were outlined by the speaker's comments. Commissioner Ferguson responded Mr. Suss's initials were appropriate. Jack McVey, 1729 Banyan Creek Court, President of the Boynton Beach Little League, requested cooperation from the City with regard to maintenance of the Little League fields on Woolbright. He submitted pictures of conditions at the field showing incomplete work and, in his opinion, unsafe conditions. Mr. McVey indicated 250 to 500 kids play on the fields each season. He asked that solutions be found to solve the maintenance problems. Mayor Taylor indicated the Commission was aware of the concerns. He pointed out there is a contract between the City and the Little League organization outlining maintenance responsibilities. Warren Timm, 130 NE 26th Avenue, indicated he attended the recent CRA meeting and had a broader appreciation of the rich history the people living in the CRA area offer. He expressed concern over the displacement of the people in the proposed developments and the availability of affordable housing. Mr. Timm felt much of Boynton Beach's history would be lost if these people were not able to return to the area. He asked the Commission to keep the history of Boynton Beach and its people in mind when making decisions on the new developments. Steven and Valerie Shaunessy, owners of A-I Auto Diagnostics and Repairs, 725 North Federal Highway, said they had issues with the property and the landlord who lives on the property. The landlord refuses to cleanup the property. Mrs. shaunessy reported they leased the property to run a fully licensed and insured business. The land owner operates a boat repair, auto repair and boat sales with no occupational license or Palm Beach County licenses. She indicated there are many police reports and excessive code enforcement violations because of the conditions. Both parties asked for help from the Commission to bring the landlord into the appropriate compliance. Linda Doering, 1200 SW 25th Place, team Mom of the East Boynton 12 year old Bull Dog Team, indicated her child had played at East Boynton for over 10 years for both the fall and spring seasons. She had been told a permit was needed for the team to play at the field on Sundays. When Ms. Doering applied for the permit she was told the team could not play on the fields on Sunday as a travel team. The field has been on rest for two months now and the season has started but the field is still not ready. Sunny Garcia, 1631 NW 3rd Lane expressed his concern about the Little League fields not being prepared for the teams to play. He suggested a different person be placed in charge of getting the fields ready for play. 5 Minutes Regular Commission Meeting Boynton Beach, FL September 20,2005 No one else coming forward to address the Commission, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Mayor I II Taylor Ensler McCray Board Length of Term Exoiration Date Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Alt Alt Reg. 1 yr term to 4/06 1 yr term to 4/06 2 yr term to 4/07 Mayor Taylor and Vice Mayor McCray tabled their appointments to the Advisory Board on Children and Youth. Commissioner Ensler passed on all his appointments with the exception of the Veterans Board. I Ensler III Ferguson Arts Commission Alt. 1 yr term to 4/06 Cemetery Board Alt 1 yr term to 4/06 Commissioner Ferguson tabled the appointment to the Cemetery Board. Mayor Taylor IV McKoy Code Compliance Board Code Compliance Board Alt Reg 1 yr term to 4/06 3 yr term to 4/07(3) Mayor Taylor and Commissioner McKoy tabled the appointments to the Code Compliance Board for lack of applications. I II Mayor Ensler McCray Taylor Education Advisory Board Education Advisory Board Education Advisory Board Alt Alt Stu 1 yr term to 4/06 1 yr term to 4/06 1 yr term to 4/06(3) Vice Mayor McCray appointed Cheryl Black as an alternate member of the Education Advisory Board. Motion Commissioner Ensler moved to approve the appointment of Cheryl Black to the Education Advisory Board. Commissioner Ferguson seconded the motion. Motion passed unanimously. Mayor Taylor tabled the Student appointment for the Education Advisory Board. Mayor Taylor I Ensler Library Board Library Board Alt Alt 1 yr term to 4/06 1 yr term to 4/06 Mayor Taylor tabled the Alternate appointment for lack of applicants. II McCray Employees' Pension Board 6 Reg 3 yr term to 4/08 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Vice Mayor McCray appointed Ann Thompson as a regular member of the Employees' Pension Board. Motion Vice Mayor McCray moved to approve the appointment of Ann Thompson to the Employees' Pension Board. Commissioner Ferguson seconded the motion. Motion passed unanimously. III Ferguson Planning and Development Bd. Reg. 2 yr term to 4/06 Motion Commissioner Ferguson nominated Diana Johnson to move up from an alternate member to a regular member of the Planning and Development Board. Commissioner Ensler seconded the motion. Motion passed unanimously. I Ensler Mayor I II III IV Mayor I II III IV Mayor Taylor Ensler McCray Ferguson McKoy Taylor Ensler McCray Ferguson McKoy Taylor Recreation and Parks Bd. Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Reg. 3 yr term to 4/06 Reg Reg Reg Reg Reg Reg. Reg. Alt. Alt. Alt. Alt. 3 yr term to 4/08 3 yr term to 4/08 3 yr term to 4/08 2 yr term to 4/07 2 yr term to 4/07 1 yr term to 4/06 1 yr term to 4/06 1 yr term to 4/06 1 yr term to 4/06 1 yr term to 4/06 1 yr term to 4/06 Mr. Bressner reminded the Commission the Ordinance had residency requirements for the appointments. Commissioner Ensler indicated one regular and one alternate can be non- residents. Mayor Taylor suggested one motion be made for all appointments. Mayor Taylor nominated Robert Zimmerman. Commissioner Ensler nominated Thomas Kaiser, a non-resident. Vice Mayor McCray nominated Karl Washington. Commissioner Ferguson nominated William Kull. Commissioner McKoy nominated Morris Boruck. Mayor Taylor nominated Greg Emery. Commissioner Ensler nominated Les McKinzie. Vice Mayor McCray nominated Stanley Gavlick, a non-resident. Commissioner Ferguson nominated Jerry Jones. Commissioner Ensler pointed out Mr. Gavlick is a non-resident and the balance of the applicants do not live within the City of Boynton Beach. Commissioner Ensler recommended the board, when formed; appoint Jerry Jones, Angelina Milano and Marilyn Nemes as Honorary Members. Mr. Bressner asked for clarification if the Honorary Members are appointed by the advisory board or the Commission. 7 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Mayor Taylor stressed the Advisory Board has to recommend the names for Honorary membership and then the names are approved by the Commission. Attorney Cherof agreed. Motion Commissioner Ensler moved to approve the members nominated. Vice Mayor McCray seconded the motion. Motion passed unanimously. 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 - September 2, 2005 2. Regular City Commission Meeting - September 6, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Award the "PURCHASE OF ONE (1) NEW & UNUSED 1250 KW GENERATOR", BID #047-2821-0S/0D, to Standby Systems, Inc. of Melbourne, Florida, in the amount of $220,511.00. 2. Approve the purchase from Dell Computer a new server for CAD/RMs system at a cost of $12,004.75 and from QED $9,000 to upgrade and migrate the database. C. Resolutions: 1. Proposed Resolution No. R05-149 changes in the State Housing Initiatives Local Housing Assistance Plan (LHAP). RE: Approving Partnership (SHIP) Program Vice Mayor McCray pulled item C.l for discussion. 2. Proposed Resolution No. R05-150 RE: Approving and authorizing execution of Agreements for Water Service Outside the city Limits, for all of the properties located within the Prestwick Estates subdivision, an existing subdivision on private wells. 3. Proposed Resolution No. R05-151 RE: Approving and authorizing execution of the Interlocal Agreement between Palm Beach County and the City to assist in the removal of invasive non-native vegetation in the Congress Avenue Community Park site. 8 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 4. Proposed Resolution No. R05-152 RE: Approving the Collective Bargaining Agreement between the City and the International Association of Firefighters, Local 1891. s. Proposed Resolution No. R05-153 RE: Approving and authorizing execution of Agreements for Water Service for Witt Investments, Inc.; Elbert R. Abell and Melodye S. Abell, and Melear Properties, Inc., to serve parcels of land that will comprise the Abell Property PUD for a future project composed of 106 single-family homes. 6. Proposed Resolution No. R05-154 RE: Approving and authorizing execution of Agreement for Water Service Outside the City Limits with Dean Copp for the property at 7940 Overlook Rd., Lantana, FL. (Tropical Terrace L T 5 & 6). 7. proposed Resolution No. R05-155 RE: Approving and authorizing execution of Agreement for Water Service Outside the City Limits with David Crump for the property at 7927 Loomis st. Lake Worth, FL. (Tropical Terrace LTs 144 & 145). 8. proposed Resolution No. R05-156 RE: Approving the agreement between the City of Boynton Beach and the Florida International University Board of Trustees for the Metropolitan Center at FlU to act as Consultant in an advisory capacity to the City for the purposes of providing geographic boundaries of City Commission districts for the election of City Commission members. 9. Proposed Resolution No. R05-157 RE: Approving the replacement of the name Wilson Center in honor of Carolyn Sims to be the Carolyn Sims Center at Wilson Park. Vice Mayor McCray pulled item e.9. 10. Proposed Resolution No. R05-158 RE: Approving the expenditure of $111,360 to Kronos Inc. of Chelmsford, MA to purchase a software program for Human Resources to track employee attendance as well as employee payroll. This expenditure is to be paid over a four (4) year period. Commissioner McKoy pulled item e.l0 for discussion. 11. Proposed Resolution No. R05-159 RE: Approving and authorizing the two easements being granted by Palm Shores at Gables End Association, Inc., and Windward Master Association, Inc., for the purpose of constructing and maintaining underground utilities to serve a proposed congregate care facility. 9 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 D. Ratification of Planning and Development Board Action 1. Cortina @ Boynton Village (NWSP 05-001) Request for new site plan approval in order to construct 458 fee-simple townhouse units in the (sMU) Suburban Mixed-Use zoning district. 2. Boynton Town Center (NWSP 05-003) Request for new site plan approval in order to construct 231,000 square feet of commercial on a 24.6S-acre parcel in the (C-3) Community Commercial zoning district. 3. Boynton Village (NWSP 05-004) Request for new site plan approval in order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of office and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the (sMU) Suburban Mixed-Use zoning district. 4. High Ridge New Urban Communities (NWSP 05-016) Request for new site plan approval in order to construct 48 single-family homes and 126 townhouse units and related site improvements on an 18.44 acre parcel in a (PUD) Planned Unit Development zoning district. S. Boynton Dixie (NWSP 05-024) Request for new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the (PUD) Planned Unit Development zoning district. Commissioner Ensler asked to pull items D.l, D.2, D.3, DA and D.S for discussion and public comment. E. Ratification of CRA Action: 1. Promenade (SPTE 05-003) Request for a one-year time extension for a new site plan approval granted on July 20, 2004, from July 20, 2005 to July 20, 2006. Commissioner Ensler asked to pull item E.l for public comment. F. Authorize the Financial Service Department to reduce the Allowance for Uncollectible Accounts by $138,341.19 in the Sanitation Fund, by $126,535.15 in the General Fund, by $2,777.75 in the Water & Sewer Fund, and by $1,765.00 in the Boynton Beach Memorial Park Fund. (Motion to table Item F. was made previously under Agenda Approval.) G. Accept the written report to Commission of purchases over $10,000 for the month of August, 2005. 10 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 H. Approve reimbursement of $20,000 to the Boynton Beach Faith Based Community Development Corporation (FBCDC) for land purchase for the purpose of building an affordable house. I. Approve a revised investment policy for all City of Boynton Beach Funds except pension funds or funds related to the issuance of debt. Vice Mayor McCray pulled item I for discussion. J. Return cash bond of $18,397.50 to Calvary Chapel of Boynton Beach, Inc., for the project known as Calvary Chapel of Boynton Beach. K. Approve rate structure for cart fees, green fees, capital improvement fees and annual permits for The Links at Boynton Beach as proposed in the budget for FY 05/06. The overall changes include a $1 increase in the summer months and a $2 increase in the winter and shoulder months. There is also a $50 increase in the annual permit fee ($600-$650), which is the first increase in 8 years. L. Approve 2005-2006 Premium Year Property & Casualty Insurance Policy in the amount of $922,724.00. Vice Mayor McCray pulled item L for discussion. M. Authorize the use of Community Investment Funds from Mayor Taylor in the amount of $1,500 for the Juvenile Transition Center, Inc. N. Authorize the use of Community Investment Funds from Vice Mayor McCray in the amount of $1,000 for the Committed Citizens Concerned about our Children, Inc. O. Authorize the use of $1,500 of Community Investment Funds to the Gulf Stream Council, Inc., Boy Scouts of America by Mayor Taylor. P. Authorize the use of $2,000 of Community Investment Funds to the Boynton Beach Woman's Club by Mayor Taylor. Q. Authorize the use of $1,500 of Community Investment Funds to the Boynton Beach Head Start Center by Commissioner Carl McKoy. R. Authorize the use of $2,000 of Community Investment Funds to Mad Dads of Grater Boynton Beach, Inc. by Commissioner Carl McKoy. S. Authorize the use of $1,000 of Community Investment Funds to the Gulf Stream Council, Inc., Boy Scouts of America by Commissioner Ensler. 11 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Motion Commissioner Ferguson moved to approve the Consent Agenda items not pulled for discussion. Vice Mayor McCray seconded the motion. Motion passed unanimously. e. Resolutions: 1. Proposed Resolution No. R05-149 changes in the State Housing Initiatives Local Housing Assistance Plan (LHAP). RE: Approving Partnership (SHIP) Program Vice Mayor McCray asked staff to make a presentation for the audience on the changes in the State Housing Initiatives and the Local Housing Assistance Plan. Octavia Sherrod, Community Development Manager, reported the City of Boynton Beach receives an annual allocation from the State of Florida through the State Housing Initiatives Partnership to be used for affordable housing and rehabilitation of substandard housing. Palm Beach County is receiving over $8.SM to be used for housing initiatives. She noted the City would be receiving an extra allocation of $lM for the program in addition to the annual $478,000 allocation. Assistance has been available; however, she noted with housing prices going higher it is difficult to meet the needs. There is competition among the 40+ municipalities for the funds. The request is to allow the City of Boynton Beach to stay in line with Palm Beach County and increase the purchase price for existing housing and new construction from $155,000 and $170,000 to $280,000 which had been allowed by the State Florida for the area. Vice Mayor McCray asked Ms. Sherrod to state the increase in maximum funding per eligible household. Ms. Sherrod replied the new subsidy amounts will be $75,000 for low income and $50,000 for moderate income. Motion Vice Mayor McCray moved to approved Proposed Resolution No. ROS-149. Commissioner Ferguson seconded the motion. Motion passed unanimously. e.9. Proposed Resolution No. R05-157 RE: Approving the replacement of the name Wilson Center in honor of Carolyn Sims to be the Carolyn Sims Center at Wilson Park. Vice Mayor McCray commented many residents were asking why the name was being changed to Wilson Center. Vice Mayor McCray presented a letter requesting the name be changed to the Wilson Park Complex and another letter asking to name the swimming facility the John Denson Swimming Facility. He also suggested that some type of biographical information on Mr. Wilson should be displayed at the facility. Mr. Wilson was one of those in the forefront who gave the people in District II some extra rights to swim. 12 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Motion Vice Mayor McCray moved to approve Resolution ROS-1S7. Commissioner McKoy seconded the motion. Wally Majors, Director of Recreation and Parks indicated members of Carolyn Sims' family were present who wished to offer their appreciation for the honor. Javaro Sims, eldest son of Carolyn Sims, thanked the City Commission and Wally Majors for honoring a great soldier who served 40 plus years giving her entire life to the City and the youth of the City of Boynton Beach. Guarn Sims, the youngest child of Carolyn Sims, echoed his brother's comments and indicated he appreciated the continued recognition of how much of her life she gave to the community. He agreed with Vice Mayor McCray's comments that the history of the area needs to be preserved. Mr. Sims also urged the giving his mother had provided for children and youth throughout the entire City of Boynton Beach be continued for forty more years. Miguell Johnson, the daughter of Carolyn Sims, thanked the Commission from the bottom of her heart and felt her mother would be smiling on this day. She stressed her mother had dedicated her whole life to the City of Boynton even during her cancer treatments. Mayor Taylor pointed out numerous letters had been received urging the Commission to approve the Resolution. Vote Motion passed unanimousiy. e.1O Proposed Resolution No. R05-158 RE: Approving the expenditure of $111,360 to Kronos Inc. of Chelmsford, MA to purchase a software program for Human Resources to track employee attendance as well as employee payroll. This expenditure is to be paid over a four (4) yea r period. Commissioner McKoy asked if there were any comparisons of other programs. Mr. Bressner said there was another program that was perhaps a little less. He explained the program is actually an employment tracking software package usedduring recruitment and employment. Sharon Goebelt, Human Resources Director, indicated the program she had previously worked with did not provide as many applications as the program requested. She pointed out the contract would be a piggy-back with the State and the City would receive a 19% discount. The contract is over a four year period. Although the State contract expires at the end of the year, the price is locked in for the next four years. She guaranteed it was an excellent deal. Vice Mayor McCray inquired who would be responsible for the software updates and was it within the contract. Ms. Goebelt responded training would be provided and ongoing support, including updates. i3 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Attorney Cherof pointed out the contract does state it is governed by the laws of the State of Massachusetts and the City would require it comply with the rules and laws of Florida. Motion Commissioner McKoy moved to approve Proposed Resolution No. ROS-1S8. Commissioner Ferguson seconded the motion. Motion passed unanimously. Do4 High Ridge New Urban Communities (NWSP 05-016) Request for new site plan approval in order to construct 48 single-family homes and 126 townhouse units and related site improvements on an 18044 acre parcel in a (PUD) Planned Unit Development zoning district. Mike Rumpf, Planning and Zoning Director gave a brief overview. The annexation and rezoning of the property to PUD occurred in May, 2005 and a site plan had been filed. The property is located at the northwest corner of High Ridge Road and Miner Road. He indicated the project proposes 174 units at a density of 9.34 units per acre. It had been determined that the water and utilities are adequate to serve the project. Mr. Rumpf indicated the unique feature of the project would be the proposal for off street parking to be approved by the County and supported by City staff. The pending Code amendment for lessening of rights-of-way widths would apply for the urbanism concept. Staff supports the project with the conditions of approval. Commissioner Ensler felt item 46 was an issue plus objections had been made regarding the colors. Mr. Rumpf commented meetings had been held with the agents to review the colors, design of the building and the frontage as it faces High Ridge Road and Miner Road. Jeff Costello, New Urban Communities, reported the developer would continue to work with staff to resolve the outstanding issues as well as all comments of staff. Mr. Rumpf responded an agreement was not in place, but he had confidence accord could be reached. Mayor Taylor pointed out that part of the motion had been the color would be worked out with the petitioner and staff. Attorney Cherof added it is subject to the drafted conditions and absent an agreement, the matter will again be before the Commission. Motion Commissioner Ensler moved to approve Item Do4. Commissioner Ferguson seconded the motion. Motion passed unanimously. E. Ratification of CRA Action: 1. Promenade (SPTE 05-003) Request for a one-year time extension for a new site plan approval granted on July 20, 2004, from July 20, 2005 to July 20, 2006. Mayor Taylor opened the matter to the publiC for comment. No one from the public came forward and Mayor Taylor closed the publiC audience. 14 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Motion Commissioner Ensler moved to approve item E.1. Commissioner Ferguson seconded the motion. Discussion Vice Mayor McCray inquired of the applicant if the one year time frame would be sufficient. Paul D'Arelli, of Greenberg and Trauig, on behalf of the applicant was confident the one year would be adequate. The construction contract was being finalized and the building permit would be applied for in the very near future. Commissioner Ensler commented the water fee due within one week of the original approval of the site plan had not been paid. Mr. D'Arelli advised he would convey the delinquency to his client. Vote Motion passed unanimously. I. Approve a revised investment policy for all City of Boynton Beach Funds except pension funds or funds related to the issuance of debt. Vice Mayor McCray commented the revised investment policy had been reviewed by the audit firm and fully complies with the provisions of Florida Statute 2180415. Motion Vice Mayor McCray moved to approved item I. Commissioner Ferguson seconded the motion. Motion passed unanimously. L. Approve 2005-2006 Premium Year Property & Casualty Insurance Policy in the amount of $922,724.00. Vice Mayor McCray asked staff for more detail on the current coverage. Chuck Magazine, Risk Manager, related the insurance programs for the year commencing October 1st, have an increase of 24%. An appraisal had been done of the values of all City properties showing an increase of 54% over the last appraisal done five years ago, from $92M to $142M. The insurance rate increased only 39%. The boiler and machinery premium went up 13% based on an increase of the total insured value from $84M to $lSlM or 78%. Mr. Magazine reported a substantial increase in the auto insurance. The gross premium dropped several thousand; however, the Florida League of Cities and the Florida Municipal Insurance Trust gave an incentive credit based on financials of the insurance company that was cut in half from previous years resulting in a 19% increase in the auto insurance. Minimal increases, if any, were noted in the other policies. The total of insurance recommended is $922M and the budgeted monies exceed the amount by $7,000. 15 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Vice Mayor McCray asked for an assurance that a new appraisal had been done. Mr. Magazine confirmed the previous appraisal was five years ago and a new appraisal had been done this year. Motion Vice Mayor McCray moved to approve item L. Commissioner McKoy seconded the motion. Motion passed unanimously. VII. CODE COMPLIANCE 8< 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 Attorney Cherof swore all parties expecting to testify in the quasi-judicial hearings and gave a brief explanation of the procedures. He asked if there were any objection by the applicants to consolidation of items. None were voiced. LOCATION: DESCRIPTION: Boynton Village Parcel 4 8< 5 Condos (COUS 05-007) Anthony Comparato, Kim Glas-Castro The Klatt Family Ltd. Partnership and Klatt Enterprises, Inc. NE corner of Old Boynton Rd. and Congress Ave. Request for Conditional Use/New Site Plan approval for four (4) five (5) story buildings with 376 condominium units on an 8.81S-acre portion of the 106.S-acre Boynton Village and Town Center site. A. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Village Parcel 3 Condos (COUS 05-008) Anthony Comparato, Kim Glas-Castro The Klatt Family Ltd. Partnership and Klatt Enterprises, Inc. NE Corner of Old Boynton Road and Congress Ave. Request for Conditional Use/New Site Plan approval for two (2) five (5) story buildings with 206 condominiums units on a 4.384-acre portion of the 106.S-acre Boynton Village and Town Center site. B. PROJECT: AGENT: OWNER: D. Ratification of Planning and Development Board Action 1. Cortina @ Boynton Village (NWSP 05-001) Request for new site plan approval in order to construct 458 fee-simple townhouse units in the (sMU) Suburban Mixed-Use zoning district. 16 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 2. Boynton Town Center (NWSP 05-003) Request for new site plan approval in order to construct 231,000 square feet of commercial on a 24.6S-acre parcel in the (C-3) Community Commercial zoning district. 3. Boynton Village (NWSP 05-004) Request for new site plan approval in order to construct a large scale, mixed-use project consisting of 80 dwelling units, 14,541 square feet of restaurant, 10,000 square feet of office and 135,641 square feet of retail, all of which are proposed on a 20.33-acre parcel in the (sMU) Suburban Mixed-Use zoning district. Mayor Taylor indicated items A and B under Public Hearings would be consolidated with items D.l, D.2 and D.3 under Consent Agenda. Kim Glas-Castro, Ruden McCluskey spoke on behalf of all applicants. She advised some modifications had been made by the Planning and Development Board and the applicants agree with all the conditions as modified. Commissioner Ensler addressed the Boynton Village, Parcels 4 and 5, along with all the other items, and requested clarification on the accounting for the recreation fee being satisfied with conveyance of property. Mr. Rumpf agreed the resolution allows land could be dedicated equivalent to $789,000 and has been determined to include five acres on the southern portion of the project being set aside for shared recreation amenities. Those acres would be paid at platting. Attorney Cherof said there was no requirement for additional comment since it was a condition of Resolution R04-211. Jim Comparato, Compton Associates, representing Parcels 4 and 5, indicated the requirements were understood. Motion Commissioner Ensler moved to approve Boynton Village Parcel 4 and S. Commissioner Ferguson seconded the motion. Mayor Taylor opened the matter to the public for comment. David Zimet, Boynton Beach Faith Based CDC, 2191 N. Seacrest Blvd., spoke on Parcels 4 and 5 plus the other items. He requested if higher density and elevation was granted that affordability be included for greater density. No one else coming forward, Mayor Taylor closed the public hearing. Vote Motion passed unanimously. 17 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Commissioner Ensler referred to item B., Boynton Village Parcel 3. Comment 33 indicates the fee is based on 392 units and the backup materials indicate 206. Mr. Comparato indicated the project was 206. Ed Breese, Principle Planner agreed Comment 33 should be corrected to reflect 206. Mayor Taylor opened the matter to the public for comment. No one coming forward, Mayor Taylor closed the public hearing. Mayor Taylor noted Mr. Zimet's comments apply to both items. Motion Commissioner McKoy moved to approve item B with the correction. Vice Mayor McCray seconded the motion. Motion passed unanimously. Commissioner Ensler referred to item D.l and comment 39 dealing with how the units would face or necessary enhancements, inquiring if the applicant had reached any decisions. Jim Williams, Quincy, Johnson, Jones, Williams Architects indicated meetings with staff resulted in revised end views that were accepted by staff. Motion Commissioner Ensler moved to approve item D.1. Vice Mayor McCray seconded the motion. Motion passed unanimously. Commissioner Ensler next referred to Comments 35, 37, 48 and 49 on the Boynton Town Center, asking if the applicant was satisfied with the decisions made after discussion at the Planning and Development Board meeting. Mr. Comparato indicated the terminology was a concern; however, consensus had been reached with plantings, landscaping and a sidewalk that meanders through the property. Mr. Breese agreed with Mr. Comparato's assessment. Commissioner Ensler asked if there had been a resolution to Ms. Castro's questions on Comment 39 regarding parking. Ms. Castro felt staff had clarified the issue at the Planning and Development Board as 1 per 200 and individual uses or outparcels would not be considered. With regard to Comment 29, Commissioner Ensler, pointed out a tower height of 5204 inches was in the plan and there is a height limitation of 45 feet. Ms. Castro felt a height extension would need to be requested so the tower does not detract from the architectural compatibility. It would either be reduced to be consistent with the sMU standard provision or ask for a conditional use exception. Mr. Rumpf clarified it would not require conditional use approval only a height exception being in the C-3 portion and not subject to the sMU provision of height. Staff would support the tower. 18 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Commissioner Ensler addressed Comment 45 and the Washingtonian Palms. He thought based on previous discussions Washingtonian Palms were not being used in the City. Mr. Rumpf indicated he would review the issue and if necessary find alternative species. Mayor Taylor opened item D.2 for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve item D.2. Commissioner McKoy seconded the motion. Motion passed unanimously. On item D.3, Commissioner Ensler inquired of Mr. Comparato. if the use of the term Renaissance Commons was a problem. Mr. Comparato explained his concern was if the term was mandated by the City to avoid the aggregation issue. The problem had been resolved and was no longer an issue. Commissioner Ensler requested explanation of Comment 50 and dwarfing of buildings. Mr. Breese noted a five story condominium building behind the project requires a more substantial building on the corner to give the project scale and anchor the corner on the northwest corner of the site. Mr. Comparato remarked the building had not yet been site planned and he was willing to work with staff to reach a mutual resolution. Commissioner Ensler asked for clarification of Comments 51 and 52 relating to a signature design feature dealing with roads and bridges. Mr. Rumpf asserted the bridge connecting the two different projects in the sMU district offers an opportunity for design enhancements rather than a standard bridge. Commissioner Ensler noted the bridge is not part of either one of the site plans and questioned where the approval would fall. Mr. Breese said the bridge and spine road are part of the Boynton Village site plan and would be approved in the engineering phase of the project. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ensler moved to approve item D.3 Commissioner Ferguson seconded the motion. Motion passed unanimously. Mr. Comparato thanked staff for their efforts and input through the process. He appreciated their professionalism and support and indicated they would continue their attempt to make Boynton as beautiful as possible. Meeting recessed at 8:08 p.m. Meeting reconvened at 8:20 p.m. e. PROJECT: AGENT: OWNER: Boynton Dixie (ANNEX 05-003) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD i9 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 DESCRIPTION: Northwest corner of the Intersection of Gulfstream Blvd and Old Dixie Highway. Request to annex the subject property. (1st reading of proposed Ordinance No. 05-056) LOCATION: DESCRIPTION: Boynton Dixie (LUAR 05-007) Weiner & Aronson, P.A. Pineapple Grove Properties, L TD Northwest corner of the Intersection of Gulfstream Blvd and Old Dixie Highway. Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-S) to Medium Density Residential (MeDR) (1st reading of Proposed Ordinance No. 05-057) D. PROJECT: AGENT: OWNER: LOCATION: Request to rezone from Single-family residential (Rs) to Planned Unit Development (PUD) for the development of 82 townhomes, recreation areas and related site improvements on 8.6 acres. (1st reading of Proposed Ordinance No. 05-058) D.S Boynton Dixie (NWSP 05-024) Request for new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the (PUD) Planned Unit Development zoning district. Attorney Cherof asked Mr. Weiner, counsel for the applicant, if there would be any objection to the consolidation of the issues. Mr. Weiner said there was no objection. Michael Weiner, Weiner and Associates, counsel for the applicant submitted his presentation for the record and it is on file in the City Clerk's office. The conditions of approval were all accepted by the applicant as reviewed at the Planning and Development Board. Commissioner Ensler asked if there continued to be an objection to Comment 36 and Mr. Weiner declared there was no objection. Mr. Weiner notes the project would be done by New Century, the same company completing the mixed used development on the other side of the tracks so the project would blend together. Mayor Taylor opened the issue for public comment. Herb Suss, Quail Run, questioned if the other developer was giving land in lieu of the recreation fees and he wondered whether land or money was involved in these projects. Commissioner Ensler replied the Commission had not asked for land; therefore, money would be the alternative. 20 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Michael Kusz, 3305 SE 2nd Street, lives two blocks from the proposed project in a very quiet neighborhood. He felt the train would be even louder with the concrete buildings being erected. He wondered if a sound abatement study had been completed or a plan to assure the neighborhood would not be affected. Mr. Weiner emphasized there would be no blocks of concrete as indicated in the site plan and the buildings would not present a single wall to the railroad tracks. Also substantial landscape buffering would be in place to absorb or minimize the noise. Construction practices and techniques would be used to limit the railroad noise. Mr. Weiner believed the landscape buffers would be an improvement. Mayor Taylor expressed his opinion that in relation to the open space now existing, the buildings would dampen the noise, although a train will always be heard. Commissioner Ferguson asked how much of a setback existed from the FEC right-of-way. Mr. Weiner said the right-of- way is 120 feet across and the houses are 25 feet from the landscape setback. Mr. Kusz repeated his question had been if there was anything in writing relating to the noise. His background in Physics did not agree with the assumptions made and he contended the noise would be louder. Mayor Taylor questioned, in view of Mr. Kusz's theory, why sound walls were erected along the 1-95 corridor. Commissioner Ensler voiced his opinion as a professional engineer that the project would help rather than attenuate the sound. Attorney Cherof remarked there was no Code requirement for such a report and none had been submitted. Mayor Taylor closed the public hearing. Dick Hudson, Senior Planner, recommended approval of the requested annexation, land use and rezoning based on consistency with the Comprehensive Plan, capacity for services and proVides an economic contribution. He indicated the master plan would be modified to address staff's concern regarding the single building on the western side of the project and the units backing up to Gulfstream Blvd. Design elements have been changed to address those concerns. Attorney Cherof read Proposed Ordinance 05-056 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance 05-056. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. Attorney Cherof read Proposed Ordinance 05-057 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance 05-057. Vice Mayor McCray seconded the motion. 21 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Vote City Clerk Prainito called the roll. The motion passed 5-0. Attorney Cherof read Proposed Ordinance 05-058 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance 05-058. Commissioner McKoy seconded the motion. ~ City Clerk Prainito called the roll. The motion passed 5-0. Motion Commissioner Ensler moved to approve item D.S. Vice Mayor McCray seconded the motion. Motion passed unanimously. DESCRIPTION: Rights-of-way in PUD Planned Unit Developments (CDRV 05-014) Staff-initiated Part III Land Development Regulation, Chapter 2.5 Planned Unit Development, Section 9-F 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. (1st reading of Proposed Ordinance No. 05-059) E. PROJECT: AGENT: CODE SECTION: Dick Hudson, Senior Planner, related the item had come before the Commission on August 2nd before going to both review boards. Both boards approved the suggested changes. He reminded the Commission staff worked very closely with the Engineering Department to develop the appropriate language for the amendment. Attorney Cherof read Proposed Ordinance No. 05-059 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-059. Commissioner McKoy seconded the motion. 22 Minutes Regular Commission Meeting Boynton Beach, FL September 20,2005 Vote City Clerk Prainito called the roll. The motion passed 5-0. IX. CITY MANAGER'S REPORT: None X. FUTURE AGENDA ITEMS: A. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I (10/5/05) B. Interlocal agreement between the City and CRA for land acquisition in the Heart of Boynton Beach. (Tabled to 10/S/0S)(Proposed Resolution No. ROS-119) e. Interlocal agreement between the City of Boynton Beach and the Community Redevelopment Agency for the Old High School Project. (10/5/05) Vice Mayor McCray asked if the project was going to be ready for the October 5th meeting. Mr. Bressner informed the Commission he had met with Doug Hutchinson, CRA Director earlier in the week and he hoped the matter could move forward. Items A and B would not be ready until October 18th according to Mr. Bressner. D. City Manager's Evaluation (10/18/2005) E. Ordinance allowing non residents on Advisory Boards. (10/18/05) F. List of State Funding Requests.(1O/18/0S) Vice Mayor McCray questioned if at least a partial list could be presented for review before the meeting on October18th. Mr. Bressner agreed and reported the budget information form had been received and circulated to staff. G. Notification to residential areas of ordinance changes. (10/18/05) H. Proposed amendment to Parks Dedication Code ordinance to modify the review time line. (11/1/05) XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 23 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 1. Proposed Ordinance No. 05-049 RE: Request for abandonment of a portion of a 50-foot right-of-way (sE 3rd Street or FKA Alden Street). (Uptown Lofts @ Boynton Place) Attorney Cherof read Proposed Ordinance No. 05-049 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-049. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 2. Proposed Ordinance No. 05-050 RE: Request to amend the Comprehensive Plan Future Land Use Map from Mixed Use (MX) to Mixed Use Core (MX-C). (Arches) Attorney Cherof read Proposed Ordinance No. 05-050 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-050. Commissioner McKoy seconded the motion. ~ City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 05-051 RE: Request to rezone 0.S8-acre of property from Central Business District (CBD) to Mixed Use- High Intensity (MU-H). (Arches) Attorney Cherof read Proposed Ordinance No. 05-051 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-051. Commissioner Ferguson seconded the motion. ~ City Clerk Prainito called the roll. The motion passed 5-0. 24 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 4. Proposed Ordinance No. 05-052 RE: Request for abandonment of a forty (40) foot wide right-of-way known as Southeast 1 st Avenue between Federal Highway and Southeast 4th Street in connection with the proposed Arches development. (Arches) Attorney Cherof read Proposed Ordinance No. 05-052 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-052. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. S. Proposed Ordinance No. 05-053 RE: Request for abandonment of a portion of an alley (Southeast 1st Place), located immediately east of sE 4th Street, in connection with the proposed Arches development. (Arches) Attorney Cherof read Proposed Ordinance No. 05-053 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-053. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 6. Proposed Ordinance No. 05-054 RE: Request for abandonment of a portion of rights-of-way that abut the Arches at Boynton Beach along sE 2nd Avenue, sE 4th Street, Ocean Avenue and Federal Highway and that are improved for public sidewalks. (Arches) Attorney Cherof read Proposed Ordinance No. 05-054 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion 25 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Vice Mayor McCray moved to approve Proposed Ordinance No. 05-054. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 7. Proposed Ordinance No. 05-055 RE: Approving Solid Waste Ordinance Revision - Chapter 10 - Garbage, Trash and Offensive Conditions, Sec. 10-30, rates and charges for City service, repealing the rate of $13.15 per month for non-automated single family garbage collection. Attorney Cherof read Proposed Ordinance No. 05-055 by title only. Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 05-055. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. B. Ordinances n 1st Reading 1. Proposed Ordinance No. 05-060 RE: Approving creation of Chapter 1.5, Article (1/2/3/4/5) of the Land Development Code of the City of Boynton Beach entitled "Art in Public Places Program" for new development and redevelopment in non-residential districts and in mixed use and multi-family districts. Attorney Cherof read Proposed Ordinance No. 05-060 by title only. Debbie Coles-Dobay, 1062 NW 6th Avenue, Chair of the Arts Commission, thanked the Commission and City staff for their support with the launch of the Art in Public Places Program. She requested clarification on the approval process and asked why the section was deleted referring to the issuance of the Certificate of Occupancy. The intent of the Arts Commission was to not hold up the developer with the program or the issuance of the certificate of occupancy. Commissioner Ferguson felt the Arts Commission was an adviSOry board and the recommendations should be brought before the City Commission for final approval. He pointed out the first draft of the ordinance had the money being spent by the Arts Commission and only the City Commission can spend money. 26 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Commissioner Ensler felt the approval of the art should be taken out of the political process and be in the hands of the adviSOry board. The expenditure of funds would come before the Commission and the request for funds could be denied. Commissioner McKoy and Vice Mayor McCray agreed the advisory board members should approve the art work. Mr. Bressner indicated the draft ordinance in subparagraph 5 of Section 2-162, reflects the Arts Commission's authority to approve, based on the guidelines. Mayor Taylor asked if a big developer could construct art work on its own or be required to go through the Arts Commission. Ms. Coles-Dobay indicated the Public Arts Administrator would be present at the initial meeting with Planning and Zoning and the Arts in Public Places program would be presented with the recommendations and guidelines provided. Mr. Bressner asked if the Art in Public Places program guidelines had been approved by the Arts Commission. Ms. Coles-Dobay indicated the guidelines had been approved and submitted to the Commission. Attorney Cherof felt the document itself did not need to be part of the ordinance but it should be on record as the operative document. On the second issue, Ms. Coles-Dobay wanted assurances the issuance of the Certificate of Occupancy would not be delayed pending completion of the artwork. Attorney Cherof commented there would be no authority to hold the Certificate of Occupancy unless it would be a condition of approval on the development order. Commissioner Ensler agreed the conditions of approval by the Commission would set the criteria for approval. Mr. Rumpf's department would supply the conditions and it would be part of the approval process. Mayor Taylor commented on the public art fund and stressed the Commission must approve the expenditure of the monies. Ms. Coles-Dobay indicated the Public Art Administrator would be a director to set up budgets and run the program. Attorney Cherof pointed out the Ordinance does provide in Section 2-165 B, that the Arts Commission recommends to the City Commission any expenditures. The Art Administrator would administer the funds subject to Commission approval. Commissioner Ensler asked for clarification when the Ordinance would take effect and be applicable. Attorney Cherof explained the Ordinance would be effective immediately, but not applicable to any projects in the hopper and only apply to new applications. Further, Commissioner Ensler questioned Section 2-166 and the possibility of any issues of putting City property on private property relative to maintenance, damage or insurance. Attorney Cherof agreed they are issues to be addressed on a case-by-case basis and a possible condition of approval for the project. The art would be placed on the property with the consent of the owner as a condition of approval. Ms. Coles-Dobay pointed out the artists are aware of the issues and deal with them on a daily basis. 27 Minutes Regular Commission Meeting Boynton Beach, FL September 20,2005 Commissioner Ensler also inquired how the value threshold is determined. Mr. Bressner responded the value is based on the building valuation data for the permit. It is a standard formula used to calculate the value of the building and premises. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 05-060. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. e. Resolutions: 1. Proposed Resolution No. R05-091 RE: Approving the Interlocal Agreement between the City of Boynton Beach and the Community Redevelopment Agency for the Boynton Beach Extension Promenade Project. Attorney Cherof read Proposed Resolution No. ROS-091 by titled only. Motion Commissioner Ferguson moved to approve Proposed Resolution No. ROS-091. Commissioner Ensler seconded the motion. Motion passed unanimously. Attorney Cherof asked for a motion to reconsider the Consent Agenda and allow Commissioner McKoy to make a statement on record. Motion Vice Mayor McCray moved to reconsider the Consent Agenda. Commissioner Ferguson seconded the motion. Motion passed unanimously. Commissioner McKoy indicated he would file the Memorandum of Voting Conflict on item M of the Consent Agenda. Motion Vice Mayor McCray moved to approve the consent agenda items with the explanation given by Commissioner McKoy. Commissioner Ferguson seconded the motion. Motion passed unanimously. Commissioner Ensler asked for a motion to reconsider the Appointments. Motion Commissioner McKoy moved to reconsider appointments. Vice Mayor McCray seconded the motion. Motion passed unanimously. Motion 28 Minutes Regular Commission Meeting Boynton Beach, FL September 20, 2005 Commissioner Ensler requested to move Patti Hammer from an alternate member to a regular member of the Recreation and Parks Board. Commissioner McKoy seconded the motion. Motion passed unanimously. D. Other: None. XIII. UNFINISHED BUSINESS: None. IX. ADJOURNMENT: No further matters to come before the Commission, Mayor Taylor adjourned the meeting at 8:59 p.m. CITY OF BOYNTON BEACH ~ .-; I x:: '.. (, 'Commissioner j=--~. . : /==-) ") I / :i_~~--~-~' ~~~ ATTEST: /~ ! 29 The Estates at Heritage Chlb Boyaba u.eIl City ComuUsslOD September 20, 2005 Location Map The Estates at Heritage Club .1, ilif~~=~ -~-JI'lr= L " L11C-J r j 1; '- m_ I W::JU__J I c.... I [" , "-' , ---r I ...:;m_ ---II!~ r----- j I' L I / l J .. 1 ~ 19;1 Project Benefits The plan would also provide eight (8) off-street parking spaces and seven (7) on-street parking spaces for a total of 343 parking spaces, or an excess of 174 spaces. Over 2.4 acres of the subject property would be set-aside as 'green area". This pervious surface wOuld acCount for 29.1% of the total s~e. The plan is providing 359 canopy trees, 80 palm trees, 5,830 shrubs and 3,744 groundcover plants, each of which provides over 50% native species. Amen~ies include a recreation area of a~oximatelY 5,000 sq. ft. =~Y 2~~~". pool and a ca na and a tot lot of The design, as proposed, would provide for a sense of separation between unKs as W the project buiK were single family homes. The Estates at Heritage Chlb ~ u.eIl City ClIIIIDlissloD Septelllber 20, 2005 2 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 0",",', P&/ BU~i,,; E' (,,:- '" PROJECT NAME: Boynton Village Condominiums Parcels 4 + 5 (WR1) '. U"i< '<""; Cfcrk APPLICANT'S AGENT: Anthony Comparato. Compson & Associates and Kim Glas-Castro, Ruden McClosky AGENT'S ADDRESS: 980 North Federal Highway #200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20.2005 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval for the construction of four (4) five (5) story buildings at a height of 65 feet - 1 inch, to house 376 condominium units on an 8.815 acre portion of the 106.5 acre site known as Boynton Village and Town Center. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. - - THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applicapt'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 t and conditions of this order. City Clerk own Center 1 \Boynton Village Parcel 4 & 5 Condos NWS 7. Other DATED: Q-t:)3-0'5 S:IPlanningISHAREDIWPIPROJECTSIBoynton Village- 01 9lDO.doc EXHIBIT "e" Conditions of Approval Project name: Boynton Village Parcels 4 + 5 Condos File number: CODS 05-007 Reference: 2"d review plans identified as a New Site Plan with a June 21, 2005 Planning and Zoning date stamp markin DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: I. The trash holding area for this development will require Solid Waste trucks to X -- back across multiple lanes of traffic (entry to parking garage and roadway along the north and south side of the development.) Additionally the depicted orientation will take the trash close to parked cars. This is an unsafe situation. Please relocate trash holding area to address this concern. 2. A total of six trash rooms are shown on this plan. The depicted trash holding X --- areas do not appear to be large enough to accommodate multiple containers and still provide reasonable access by Solid Waste, Please indicate the number and size of the eontainers so we can evaluate the required pad sizes and our ability to perform the pickup operation. PUBLIC WORKS- Traffie Comments: -. - 3. On the Site plans, show and identify all necessary traffic control devices such X as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. UTILITIES Comments: ..- 4. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12), -- ---...- 5. 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.sj. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Seetion 26-16(b)). 6. The CODE, Seetion 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 applieation forms or within seven (7) days of Site plan approval, whiehever occurs first. This fee will be determined based upon final meter size, or expected demand. Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 7. 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. 8. 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: 9. Provide the fire hydrant layout for this project with the hydrants clearly X shown. Show all water supply lines for fire protection and hydraulic calculations. Hydrant required every 500 feet of road travel and no more than 200 feet off the comer of any building. 10. Provide water supply information for this parcel. This shall include water X supply lines for hydrant and sprinkler systems and the capacity of those lines. A new flow test is required when water feeder lines connected. POLICE Comments: None X ENGINEERING DIVISION Comments: II. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 13. Provide<!Ehotometrics do not meet minimum standards. X 14. Delete the tenth note on sheet L8 regarding maintaining 5 foot clear vision X in parking areas. 15. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 16. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in I DEPARTMENTS I INCLUDE I REJECT I accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction pennit application. BUILDING DIVISION Comments: 17. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the City Commission and at permit review. 18. 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 200 I FBe. 19. 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. 20. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be detennined by the provisions of ASCE 7, Chapter 6, and the provisions 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. .-- 21. 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. l. Indicate the live load (psf) on the plans for the building design. 22. 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 pennit application. 23. The building plans are not being reviewed for compliance with the X applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheetls A-I through A-26, A-3 l, A-32, and CH-l.. However, add to the floor space drawing a labeled symbol that identifies the location of the handicap accessible entrance doors to each building/tenant space. The location of the door/s shall match the location of the accessible entrance doors that are depicted on the site plan drawing. 24. At the time of permit review, submit details of reinforcement of walls for X the 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. 25. To properly determine the impact fees that will be assessed for the one-story X clubhouse, provide the following: Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT a. Will the clubhouse be restricted to the residents of the entire project only? b. Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building? c. Will there be any additional deliveries to the site? 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 -E<:'ol/clubhouse/recreation building/lease office. 26. 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. 27. 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. 28. 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. b. 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. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 29. 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 shaH be provided: a. A legal description ofthe 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 I, Article V, Section 3(f)) 30. Pursuant to ~roval !Jy the CitY Commission and all other outside agencies, X DEPARTMENTS 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. I INCLUDE I REJECT I 31. 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. 32. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: a. Common area covered walkways; b. Covered stairways; c. Common area balconies; d. Entrance area outside of a unit; e. Storage areas (not part of a unit); f. Garages (not part of a unit): g. Elevator room; h. Electrical room: 1. Mechanical room; j. Trash room; k. Mailbox pickup and delivery area; and 1. Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 33. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2001 FBC. Sections 105.3.1 through 105.3.6. The following information must be submitted at the time ofpennit application: m. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. TI. All shoring and re-shoring procedures, plans and details shall be submitted. o. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 34. A two-hour fire-rated wall will be required between the parking garage and X the condominium per NFP A 88A, Section 4.1.2. 35. The vestibule to the trash room chute shall comply with the Federal Fair X Housing Act. PARKS AND RECREATION Conditions of Approval 6 I DEPARTMENTS I INCLUDE I REJECT I Comments: 36. Irrigation must be 110% coverage. X 37. Impact Fee: 376 multifamily units @ $656 per unit - $246,656.00 X FORESTER/ENVIRONMENTALIST Comments: 38. Map of Boundarv and Topoe:raphic Snrvev-Sheet I of I X Existine: Trees Manae:ement Plan The Landscape Architect should tabulate the total existing trees on the site. The tabular data should show the individual species of trees proposed to remain in place, be relocated throughout the site, or removed I replaced on site. All desirable species of existing trees must be relocated rather than removed if the trees are in good health. These trees should be shown by a separate symbol on the landscape plan. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 39. I recommend that the applicant preserve, where possible, all existing X desirable trees that are located within the proposed landscape buffers. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.] 40. Irrie:ation Plan-No Irrie:ation plan included in the submittal X The irrigation system design (not included in the plans) should be low volume water conservation using non-portable water. 41. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. X 42. Trees should have separate irrigation bubblers to provide water directly to the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: X 43. The signature trees must have eight (8) feet of clear trunk if placed within the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester I Environmentalist review and approval. 44. Staff recommends that you submit a master sign program that shows the X number, location, dimensions. exterior finish, and color(s) of all freestanding monument signs (Chanter 2. Section 5.H.9.). The sign nro2l"am would DEPARTMENTS INCLUDE REJECT address all types of signs, which would include commercial wall signs, identification sib'lls, residential subdivision signs, freestanding monument signs, canopy signs, way-finding signs, directional signs, and all other signs as regulated by Chapter 21 ofthe Land Development Regulations. 45. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The lighting fixture height, style, design, and illumination level shall be compatible with the building design and height and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.I.). 46. Provide a detail of the parking structure gates indicating its dimensions, X materials used, exterior finish, and colors (Chapter 4, Section 7.D.). 47. The project is subject to the limitations and timing at which development may X proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment unon its adoption. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 11. To be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Boynton Village-Boynton Town Center 1 \Boynton Village Parcel 4 & 5 Condos COUS 05-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. llcen.. Deputy City CI.r' PROJECT NAME: Promenade APPLICANT'S AGENT: Paul D'Arelli - Greenberg Traurig AGENT'S ADDRESS: 401 East Las Olas Boulevard Ft. Lauderdale FL. 33301 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005 TYPE OF RELIEF SOUGHT: Request for Site Plan Time Extension for one year to July 20, 2006 LOCATION OF PROPERTY: NE Corner of Federal Hwy. and Boynton Beach Blvd. 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 Applicapt ~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~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 S:IPlanningISHAREDlWPIPROJECTSIPromenadeISP City Clerk 03lDO.doc EXHIBIT "C" Conditions of Approval Project name: Promenade File number: SPTE 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/ENVIRONMENTALIST Comments; None X PLANNING AND ZONING l. Time extension is subject to the original Conditions of Approval. X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 II DEPARTMENTS I INCLUDE I REJECT I Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. ~ I I I S:\Planning\SHARED\WP\PROJECTS\Promenade\SPTE 05~003\Condition of Approval 2 page -eRA 2004 fonn.doc S:\Planning\Planning Templates\Condition of Approval 2 page -paD ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Cortina at Boynton Village DeYeloprr:e!1~ P&l Buq:H"'~ El\gin;.HHi'1~1 Oce, l (t;~'F ~ DeplHy Cj~i Clerk AGENT: Mr. Steve Liller with Hovstone Properties Florida, LLC APPLICANT'S ADDRESS: 1275 Gateway Boulevard Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20. 2005 TYPE OF RELIEF SOUGHT: New site plan approval to construct 458 fee-simple town homes in the SMU Suburban Mixed-Use zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board. which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicapt VHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ../'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: 7. Other S:\Planning\SHAREDIWP\PROJECfS\Boynton Village-Boynton Town Center l\Boynlon V, EXHIBIT "C" Conditions of Approval Project name: Cortina at Boynton Village File number: NWSP 05-001 Reference: 3'" review plans identified as a New Site Plan with an August 9, 2005 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: I. Palm Beach County Health Department permits will be required for the water X and sewer svstems serving this proiect (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in tpe LDR. Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). - 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be 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 detennined based upon final meter size, or expected demand. 4. 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. 5. 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 oermit application. FIRE Comments: 6, A new flow test shall be conducted when all water feeder mains are X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I connected. POLICE Comments: None X ENGINEERING DIVISION Comments: 7. 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 Dermit application. BUILDING DIVISION Comments: 8. 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 aDDlication. 9. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 200 I FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (Dsfl on the Dlans for the building desil!D. 10. 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 aDDlication. II. At time of permit review, submit signed and sealed working drawings of the X DroDosed construction. 12. 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. 13. 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 aDDlication, F.S. 373.216. 14. 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 aDDears on the DeveloDment Order and DEPARTMENTS INCLUDE REJECT the Commission-approved site plan. b. If the project is a multi-family project, the building numberis must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 15. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 16. 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 numberls 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 I, Article V, Section 3(f)) 17. 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. 18. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. Ifthe 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. PARKS AND RECREATION Comments: 19. The design of the "greenway", proposed along the east property line shall be X in conformance with the Greenways Standards. The "greenway" proposed along the north property line shall resemble the "greenway" proposed along the south property line of the Renaissance Commons master plan. 20. Impact fee: 458 Single familv, attached units @ $771.00 per unit = X Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT $353,118.00 FORESTER/ENVIRONMENTALIST Comments: 21. The Landscape Architect should tabulate the total existing trees on the site. X The tabular data should show the individual species of trees proposed to remain in place, be relocated throughout the site, or removed / replaced on site. All desirable species of existing trees must be relocated rather than removed if the trees are in good health. These trees should be shown by a separate symbol on the landscape plan (Chapter 7.5, Article I Sec. 7.o.D. 2\ 22. Staff recommends preserving, where possible, all existing desirable trees that X are located within the proposed landscape buffers (Chapter 7.5, Article I Sec. 7.D.p.2.). 23. The applicant must provide a lake littoral and transitional planting plans for X 50% of the lake Derimeter (20 feet in width). 24. A Lake Maintenance Plan document must be provided for the proper X maintenance of the lake plantings. A time zero and quarterly monitoring report for two vears is reCluired of the developer. 25. The irrigation system design (not included in the plans) should be low volume X water conservation using non-portable water. 26. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 27. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 28. The project is subject to the limitations and timing at which development may X proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment upon its adoption. 29. The SMU Master Plan does not match the proposed site plan in terms of the X number off ingress points proposed along the spine road. Therefore, the SMU Master Plan shall be modified to be consistent with all other Dlans. 30. At the time of permitting, the site statistics in the cover sheet (sheet A-OI) X shall match the same in the master site data plan (sheet MSD). 31. At the time of permitting, the plant material proposed within the Typical Unit X DEPARTMENTS INCLUDE REJECT Landscape Plans shall be incorporated into the overall plant quantities in the Overall Landscaoe Plan olant list. 32. Regarding the live / work units: Unit "D" proposes a work space of 449 X square feet. Although the work area is 15.49% of the unit, at the time of permitting, the work area shall be reduced to no more than 400 square feet in order to comolv with code. 33. Buildings designed as live / work units shall provide universal accessibility to X the front and to the interior space of the non-resiGlential area of the live-work unit from the public sidewalk adjacent to the street (Chapter 2, Section 6.H.5.c.(I).(c).). At the time of permitting, provide a drawing that indicates parking available for these types of units and distance for determination of comnliance with the Code. 34. The City encourages that one (I) parking space per two (2) live / work units X be provided to meet business activity needs. Parking provided to meet this requirement shall be located on the lot, built into or under the structure, or within 300 feet of the unit in which the use is located. Parking provided to accommodate said space, including driveways of adequate depth in front of the unit's garage, shall not serve as meeting required parking for the unit's residential use (Chanter 2, Section 6.H.5.c.(4). 35. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. Staff recommends adding more trees alon" the south nronertv line adiacent to the nark. 36. In order to ensure proper maintenance of the buffer areas, staff recommends X that they be maintained by the Home Owners' Association so that no individual property owner removes any of the required plant material along the nerimeter or interior ofthe development. 37. All freestanding monument signs shall have colorful groundcover installed at X the base (Chapter 7.5, Article II, Section 5.0). 38. Submit a master sign program that shows the number, location, dimensions, X exterior finish, and co10r(s) of all freestanding monument signs (Chapter 2, Section 5.H.9.). This would include signage for the live i work units. 39. Staff recommends orienting the townhouse buildings so that all units X (proposed along the spine road) are "facing" the spine road. This would apply to those units proposed south of the lake. Also, it would make sense for them to be "rear loaded units" or live-work units. However, if the developer elects to not re-orient the buildings, then staff recommends that the west fayade of the townhouse building (proposed along the spine road) shall be enhanced with shutters, plaster banding, and / or archways to resemble the front facades. 40. Staff recommends eliminating the "Live / Work" component of the X townhouse buildings proposed at the northeast corner of the subject property. 41. The bridge over the C-16 Canal offers the opportunity for a signature feature X Conditions of Approval 6 I DEPARTMENTS I INCLUDE I REJECT I to be coordinated with the developers of the Renaissance Commons project; please consider. Also, please include pedestrian path on this bridge to connect the greenway paths of the Renaissance Commons and Boynton ViIlal!e nroiects. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 43. Remove conditions #32 and #40. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 44. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center l\Boynton Village Cortina NWSP 05-001\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. License Deputy City Clerk PROJECT NAME: Boynton Village AGENT: Mr. Russell C. Morrison, P.E. with Kimley-Horn and Associat APPLICANT'S ADDRESS: 1450 South Johnson Ferry Road, Suite 100 Atlanta, Georgia 30319 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: New site plan approval to construct 80 dwelling units, 135.641 square feet of retail, 14,541 square feet of restaurant, and 10.000 square feet of office on a 20.33-acre parcel in the SMU Suburban Mixed-Use zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant. members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consisteri1:with the requirements of the City's Land Development Regulations. 2. The Applic~t ./HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C. with notation "Included". 4. . The Applicant's application for relief is hereby /GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: , 7. Other City Clerk S:\Planning\SHARED\WP\PROJEcrS\Boynton Village-Boynton Town Center l\Boynton Village S EXHIBIT "C" Conditions of Approval Project name: Boynton Village File number: NWSP 05-004 Reference: 3'd review plans identified as a New Site Plan with an August 9, 2005 Planning and Zoning Department date stamp marking. I DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: I. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 2. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g,p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of Site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. COA 08/22/05 2 I i DEPARTMENTS INCLUDE REJECT 6. 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 oro;ect, in accordance with the CODE, Section 26-15. 7. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction oermit aoplication. FIRE Comments: 8. The Fire flow test conducted on November 8, 2004 cannot be used as fire X flow information. Only when the connections on the east side of Congress A venue are connected can staff evaluate the fire flow for the subject project. This condition will remain and no building permits may be issued until fire flow test are conducted and determined adeauate bv staff. 9. All one (I)-way traffic access shall be 12 wide in the clear. X 10. The clearance of the first floor parking garage shall be 14 feet - one (1) inch X inheil!ht. POLICE Comments: None X BUILDING DIVISION Comments: . 11. Every building and structure shall be of sufficient strength to support the X loadscand forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (ost) on the plans for the building desim. 12. 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 aoolication. 13. At time of permit review, submit signed and sealed working drawings of the X oroposed construction. 14. A minimum of 2% of the total parking spaces provided for the dwelling units X covered under the Fair Housing Act shall be accessible and comply with the reauirements of the act. Accessible oarking soaces shall be equally distributed COA 08/22/05 3 DEPARTMENTS INCLUDE REJECT for each type of parking provided, e.g. surface parking, parking structures, ctc. per Title 24 CFR, Part 100.205. .-- 15. Add to the residential buildings that are depicted on the site plan drawing a X labeled 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 unitls 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). .. 16. 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 complv. 17. Bathrooms and kitchens in the covered dwelling units shall comply with the X Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the Fair Housing Act is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearlv shown on the plans. 18. Add to the floor plan drawing of the recreation building a breakdown of the X 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 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. 19. 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. 20. 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 ofnermit application, F.S. 373.216. 2 L 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. b. If the project is a multi-family project, the building numberis must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. COA 08/22/05 4 DEPARTMENTS INCLUDE REJECT e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 22. At time of permit review, provide a completed and executed CBB Unit of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 23. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 24. 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 ofthe 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 numberls 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 I, Article V, Section 3(1)) 25. 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. 26. The full address of the project shall be submitted with the construction X documents at the time of penn it 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. 27. Add to the floor plan drawings of the individual units a breakdown of the area X within the unit. The area breakdowns for each unit shall specifY the total area of the unit, area of the balcony, total area that is air-conditioned and, where applicable, total area of storage and garage space. If the garage and storage areas are not part of a specific unit, the area shall be included and identified within the area of the building. Indicate how many of each type of unit will be on each floor and within the building. COA 08/22/05 5 DEPARTMENTS INCLUDE REJECT 28. Add to the site data the total area under roof of each residential building. X Provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: a. Common area covered walkways; b. Covered stairways; c. Common area balconies; d. Entrance area outside of a unit; e. Storage areas (not part of a unit); f. Garages (not part of a unit); g. Elevator room; h. Electrical room; l. Mechanical room; .1. Trash room; k. Mailbox pickup and delivery area: and I. Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 29. Building "H" meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2001 FBC. Sections 105.3.1 through 105.3.6. The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building pennit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with th the applicable fire safety standards as detennined by the local authority in accordance with this section and F.S. Section 633. 30. A van accessible parking space is required in the parking structure per 2001 X FBC, Section ll-4.1.2(5)(b). 31. Accessible parking spaces shall be provided within the parking structure per X the 2001 FBC, Section 11-4.1.2(5)(a\. PARKS AND RECREATION Comments: COA 08/22/05 6 DEPARTMENTS INCLUDE REJECT 32. Impact fee: 80 multi family units @$656.00 each = $52,480.00 X 33. The design of the "greenway", proposed along the east property line shall be X in conformance with the Greenways Standards. The "greenway" proposed along the north property line shall resemble the "greenway" proposed along the south property line of the Renaissance Commons master plan. FORESTERlENVIRONMENT ALlST Comments: 34. The Landscape Architect should tabulate the total existing trees on the site. X The tabular data should show the individual species of trees proposed to remain in place, be relocated throughout the site, or removed / replaced on site. All desirable species of existing trees must be relocated rather than removed if the trees are in good health. These trees should be shown by a separate symbol on the landscape plan. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]. 35. Staff recommends that, where possible, the applicant preserve all existing X desirable trees that are located within the proposed landscape buffers. rEnvironmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.). PLANNING AND ZONING Comments: 36. The project is subject to the limitations and timing at which development may X proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment upon its adoption. 37. All proposed buildings within the out-lots shall be at minimum 35 feet in X height per Chapter 2, Section 5.RA. Conditional use approval would be required for each if less than 35 feet in height. The east elevation of Buildings "K" and "I" (at the peak of the root) would be 47 feet in height while the peak of the decorative tower would be 74 feet in height. Although the developer's intent was to meet the SMU minimum building height requirement along Congress Avenue, the plans would in fact, require conditional use approval because the proposed structure exceeds the 55-foot threshold of the SMU zoning district. Therefore, at the time of permitting, the decorative tower height shall be reduced to 55 feet or conditional use approval would be required prior to the issuance of any building permits. 38. Provide floor plans (sized 24 inches by 36 inches) of all buildings proposed X on the out-lots (Chapter 4, Section 7.). If lots will be site planned in the future, then the Design Manual shall be approved to ensure architectural consistency (including building colors and signage) between the out-lots and the main parcel. COA 08/22/05 7 DEPARTMENTS INCLUDE REJECT 39. This project would require a total of 950 parking spaces. The plans would X provide for 719 surface parking spaces and 222 parking garage spaces for a total of 941 parking spaces, a deficiency of nine (9) spaces. However, the intent is to share the excess parking with the C-3 parcel (Boynton Town Center proposed directly to the south). The Master Site Data Plan indicates that the Boynton Town Center Plan has an excess of 43 parking spaces. Therefore, a cross parking / cross access agreement would be required at the time of permitting. 40. The parking required for the 80 residential units would be 149 spaces. These X parking spaces would occur within the four (4)-level parking garage. As previously mentioned. the parking garage would contain 222 spaces. This surplus would be more than enough to accommodate the needs of the residents. However, should the developer choose to limit the access to certain levels of the parking garage, the developer should ensure the availability of these spaces for the residents of the apartment building. 41. The ledger sized colored renderings show that many of the buildings would X have awnings but the site plans of Building "L" does not show their extent beyond the building line. At the time of permitting, please revise the plans of Building "L" and show the extent of the awnings. Staff recommends utilizing a dashed line to deDict their extent. 42. On the site plan tabular data, indicate the proposed floor-area-ratio (excluding X the garages) to ensure compliance with Chapter 2, Section 5.HA. This statistic is based on the entire SMU parcel and should include the other developments proposed within the SMU zoning district. Don't just provide data for iust this portion of the entire project. 43. 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. 44. The intent of the SMU zoning district, where possible, is to border or wrap X the garage in storefronts and other permitted habitable floor area so as to disguise the garage and create continuity In street-level activity by maintaining interest for pedestrians and passing automobile traffic. Principal structures that include parking garages shall be designed to blend the architecture of the garage with the remainder of the structure or adjacent buildings. Portions of freestanding parking garages that are not screened with habitable space and are in view from the general public shall utilize design measures such as shutters, planter boxes, tall landscaping, etc. to soften their impact (Chapter 2, Section 5.H.7.b.). Staff recommends that in addition to the series of arches proposed at ground level, a series of stucco openings emulating windows shall be added to the 2nd level. These openings shall be centered over the ground level arches. This wall treatment would give the parking deck less of a utilitarian fal'ade and more of a residential flavor. In COA 08/22/05 8 DEPARTMENTS INCLUDE REJECT addition, staff recommends adding plant material to the north side of the parking deck in order to help break up that facade. 45. The intent of the landscape code is to screen vehicular use areas (drive aisles X and parking lots) from roadways and abutting properties. Landscape buffers adjacent to roadways (internal and external) should contain two layers of plant material. The first layer shall be a combination of colorful groundcover plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall. The continuous hedge (2"" layer) shall be a minimum of 24 inches in height, 24 inches in spread and planted with tip-to-tip spacing immediately after planting. This hedge shall be maintained at four (4) feet. Also, within these buffers, the proposed trees shall be spaced at maximum 30 feet apart from each other (Chapter 7.5, Article II, Section 5.D.). The landscape buffer along Congress A venue shall have the same quantities, and species of trees but different species and configuration of plant material proposed within the Renaissance Commons project (Chapter 7.5, Article II, Section 5.Q.). The City Forester will coordinate this effort with the project landscape architect during the pennitting process. 46. No shrubs are proposed in front of any of the buildings. Staff recommends X installing decorative 45-gallon planters in front of the buildings to help soften the hardscape surface. 47. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread. and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4.). 48. Staff recommends submittal of a master sign program that shows the number, X 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. Provide a detail of any proposed outdoor freestanding monument signs and indicate their setback from the property line (minimum 10 feet), and include the sign area, dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.). The property line would be measured from the edge ofthe right-of-way Jine for the Spine Road. 49. Ensure that all buildings maintain a front yard build-to Jine (along Congress X A venue) at no more than 90 feet, inclusive of the 25-foot wide landscape buffer. 50. The building proposed within the out-lot (Building "L") located at the X northwest comer of the SMU project should contain a more "substantial" building than the other out-lots immediately to its south. The surrounding condominium and townhouse buildings should not dwarf this proposed COA 08/22105 9 DEPARTMENTS INCLUDE REJECT commercial building. This building should anchor and be similar (in size) to the building proposed within the southwest out-lot, proposed in the C-3 parcel. Stand-alone buildings are discouraged by the SMU zoning district. Building mass can be increased by building size or through architectural desilm without increasing area. 51. The bridge over the C-16 Canal offers the opportunity for a signature feature; X please consider. Also, please include an 8-foot wide multi-use path on this bridge to connect the greenway paths of the Renaissance and Village projects; coordination with others should achieve consistencv in desilm. 52. Staff recommends adding / repeating signature features at both sides of the X main street entrance (along Congress Avenue) and at the northeast comer of the greater nroiect (at Old Bovnton Road). 53. Improve the pedestrian link at the main street entrance between the Congress X A venue sidewalk and the pedestrian system that should be in front of the main street buildings. Enhancements are only shown on colored Master Plan document but absent on site ulan set. Revise ulans accordinl>lv. -~ 54. It is staffs intent to create a park-like boulevard effect for the Spine Road. X This would be best achieved by incorporating canopy trees into the design of the roadway (as was done in the Renaissance Commons project) thereby maintaining consistency of plant material proposed on within the right -of-way of the two projects. The Renaissance Commons project proposed Live Oak trees along the Spine Road. In this project, the Foxtail palm trees proposed along the Spine Road would be inconsistent and disjointed from the remaining portions of the roadway. Therefore, at the time of pennitting, staff recommends substituting the proposed Foxtail palm trees with oak trees (alon" the Snine Road) to maintain consistencv between the two plans. 55. Regarding discrepancies between site plan set and master plan pages, existing X at time of approval, all pages will be considered part of approval, thereby incomorating all details (i.e. pedestrian enhancements) into the approval. ;: 56. Staff has concerns with the lack of information regarding the future build-out X of the out-lots. Staff wants to ensure consistency and compatibility between the out-lots and the main parcel with special emphasis on architectural design, proj ect signage, landscaping, and building colors. Therefore, staff recommends the following: Creation of a Design Program that includes but is not limited to architectural design, signage, landscape, and building colors for each out-lot and its relationship to the principle buildings. The design of these out-lots are incomplete at this time and each out-lot would require separate site plan review. However, for all intents and purposes, landscaping is one of the only key elements of the site plan missing for Building "L". Therefore, staff recommends that foundation landscaninl> (with trees) be installed along the COA 08/22/05 10 DEPARTMENTS INCLUDE REJECT north, south, and west sides of Building "L", unless the developer chooses to site plan Building "L". All other out-lots would require separate site plan review and approval. This would apply to Out-lots "5" and "6". ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 57. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 58. To be determined. ~ MWRJelj S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village SMU NWSP 05-D04\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA .,.."..-r=:m.>--....-.~ \~0~.~,i'P"""t ulld\l'I~ Eno"n.orlnU Occ. l..ICQMO. , Depcut'Y City CI?JH\ , \.;- .- -- PROJECT NAME: New Urban High Ridge PUD APPLICANT: Mr. Tim Hernandez with New Urban Communities APPLICANT'S ADDRESS: 398 Northeast 6th Avenue Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: New site plan approval to construct 48 single-family detached homes and 126 fee-simple townhomes on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of High Ridge Road and Miner Road (Exhibit "A") DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 Applic~t'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 terms and conditions of this order. 7. Other DATED: S:\Planning\SHAREDIWP\1'ROJECTS\High Ridge- New Urban CormmmitieslNWSP 05-01 City Clerk EXHIBIT "e" Conditions of Approval Project name: High Ridge New Urban Communities File number: NWSP 05-016 Reference: 3m review plans identified as a New Site Plan with an August 9. 2005 Planning and Zoning DeDartment date stamp marking. II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: -- - 1. Staff strongly discourages on-street parking along High Ridge Road and X Miner Rd. due to their functional classification (Urban Collector) and the volumes and types of traffic they carry. The applicant may petition the County for pennission to utilize on-street parking. If allowed by the County, provide written concurrence of this decision. .-- ----- 2. At the time of permitting, improve High Ridge Road to a minimum of three X 12-foot lanes from Miner Road to the northern boundary of the proposed development. Provide plans, including typical sections, for off-site improvements, including curb and gutter along High Ridge Road. Palm Beach County pennits will be required for work within the Palm Beach County right-of-way. Staff recognizes that improvements required by the city may not be required and I or supported by the County. The developer shall provide a letter of credit in the amount of 110% of the engineer's estimate for public roadway improvements prior to issuance of any building permits for this project. The letter of credit shall be held until such time as the improvements are complete. ENGINEERING DIVISION Comments: 3. The minimum right-of-way width for a PUD is 40-feet. (LDR. Chapter 2.5, X Section 9.F.) The applicant is proposing a traditional neighborhood design and is desirous of utilizing a proposed Code Change, currently in process, to allow for lesser right-of-way widths for portions of the project. Internal roadways will be categorized as "Primary" and "Secondary" based on their functions. Primary roadways will handle internal flow, guests, deliveries and FirelRescue access. Secondary roadways will be utilized for homeowner access to the rear loaded parking and will additionally be used for Solid Waste Access. Primary internal roadways shall have no less than 40-ft. right-of-way widths, but may use I 1 -ft. lanes widths. Secondary internal roadways shall have no less than 20-ft. right-of-way widths and may use IO-ft. lane widths. The COA 08/23105 2 , . DEPARTMENTS INCLUDE REJECT applicant shall provide, through homeowners documents, an additional buffer area of no less than 5-ft., adjacent to both sides of the proposed right-of-way to allow for Solid Waste storage and pickup. The buffer area shall be kept free of all obstructions, including fencing and landscaping, for this purpose. Primary access roadways connecting to High Ridge Road will conform with all Land Development Regulations and City Standards. The above Condition of Approval is contingent upon Commission approval of the proposed changes to Chapter 2.5 ofthe LDR. In the event Commission does not approve the Developer shall be required to provide roadways and rights-of-way in accordance with the LDR and City Standards or may seek a variance, in accordance with the nrocedure established in the LDR. 4. In order to accommodate a roadway typical section within the proposed 20-ft. X secondary roadway (if approved) the engineer shall construct two - 9 112-ft. lanes with 6-in. concrete header curb on each side of the roadway. Asphalt paving, lime/shellrock and stabilized subgrade in accordance with City Standards shall be completely contained within the header curb. 5. Upon Commission approval of the site plan schedule a pre-application X meeting with the Engineering Division to begin the plat process. 6. Show proposed site lighting on the landscape plans (Chapter 4, Section X 7.BA.) The lighting design shall provide a minimum average light level of one foot-candle. On the Lighting Plan, specify that the light poles shall withstand a 140 MPH wind load (Chapter 23, Article II, Section A.l.a and Florida Building Code). Provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A.l.a.) Include pole wind loading, and pole details in conformance with Chapter 6, Article IV, Section II, Chapter 23, Article I, Section 5.B. 7 and Chapter 23, Article II, Section A on the Lighting Plan. 7. It will be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.1.b)' 8. At the time of permitting, show sight triangles on the Landscape plans (LDR, X Chapter 7.5, Article II, Section 5.1'U. 9. Per the LDR, Chapter 7.5, Article II, Section 5.e2. Ficus species are not X permitted. See Sheet 13 of 17. 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 permitting. 11. Paving, Drainage and Site details will not be reviewed for construction X COA 08/23/05 3 DEPARTMENTS INCLUDE REJECT acceptability at this time. All engineering construction details shall be m 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. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 13. 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 LOR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 14. 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. IS. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancv. 16. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 17. The City of Boynton Beach does not wish to have another lift station X constrUcted for this project. If the applicant desires, there is a lift station approximately y, mile north of this project (south terminus of NW 7th Ct. - Lift Station 717) or another approximately v.. mile east of the intersection of High Ridge Rd. and Miner Rd. (Lift Station 718.) Also available are gravity systems in the Commerce Rd. right-of-way and within the Cedar Ridge subdivision. The invert elevation at Lift Sta. 717 is 1.19. By upsizing to a 10-in. main and using a 0.3% slope it is possible to tie into Lift Sta. 717. Credit for oversizing the main may be available. A copy of the as-builts for Lift Sta. 7 I 7 has been given to the applicant. Should the developer propose to build their own lift station for this project, they would have to submit an analysis indicating that the life cycle cost (capital and O&M) would be cheaper for the system with a new lift station than it would be for connecting to the existing stations. This analysis can be conducted based upon "present- ------ -- COA 08/23/05 4 DEPARTMENTS INCLUDE REJECT worth" of the two alternatives, with an expected 40-year life on the stations. 18. 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: 19. Appropriate fire department access will be required at the pool 1 recreation X area. At the time of permitting, an access road (14 feet in width) will be required to the pool area so that medical 1 emergency victims can be quickly and safely loaded. Revise the plans to show compliance with this requirement. POLICE Comments: None X BUILDING DIVISION Comments: 20. At time of pennit review, submit signed and sealed working drawings of the X proposed construction. 21. 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 driveiIane 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 36 inches). Please note that at time of pennit review, the applicant shall provide detailed documentation on the plans that will verifY that the accessible route is in compliance with the regulations specified in the 2001 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the oath of travel. 22. 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 building/s. The leading edge of the building/s begins at the closest point of the overhang or canopy to the COA 08/23/05 5 DEPARTMENTS INCLUDE REJECT property line. In addition, show the distance between all the buildings on all Xsides. 23. A water-use pennit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time ofpennit <lJ'plication, F.S. 373.216. -- 24. 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. b. 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. c. The number of dwelling units in each building. d. The number of bedrooms in each dwelling unit. e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 25. At time of pennit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy ofthe recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time o~ennit review. 26. 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: f. A leg:al description of the land. g. The full name of the project as it appears on the Development Order and the Commission-approved site plan. h. 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. 1. The number of dwelling units in each building. J. The total amount being paid. (CBBCO, Chapter I. Article V, Section 3(1)) 27. 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. COA 08/23/05 6 DEPARTMENTS INCLUDE REJECT 28. 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. PARKS AND RECREATION Comments: 29. The impact fee will be: X Single family, detached 48 units @ $940.00 each = $45,120.00 Single family, detached 126 units @ $771.00 each = $97,146.00 TOTAL $142,266.00 FORESTERJENVIRONMENT ALIST Comments: .< 30. All ornamental trees on the Plant list must be listed in the specifications as a X minimum of 3" diameter (not Cal) at DBH (4.5' off the ground), 12'-14' height, and Florida #1. The height of the trees will be larger than 12'-14' to meet the 3" diameter reauirement (Chanter 7.5, Article II Sec. 5.C. 2.), 31. The irrigation system design (not included in the plans) should be low volume X water conservation usinl! non-nortable water. 32. Turf and, landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 33. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 34. According to the Land Development Regulations, alleys and other secondary X roadways are considered to be rights-of-way. In a Planned Unit Development, the minimum width of a right-of-way is 40 feet. Approval of a variance or an amendment to the Land Development Regulations would be reouired in order to allow the alleys to be less than 40 feet in width. 35. A unitv of title may be reauired. The Building Division of the Denartment of X COA 08/23105 7 DEPARTMENTS INCLUDE REJECT Development will determine its applicability. 36. On the master plan (sheet 1 of 6), with a dashed line, show the limits of the X 2"d story porches proposed on the sides of the townhouse buildings; or is this already shown in the typical Multi-family Setback matrix? 37. At the time of permitting, the elevation pages of the clubhouse should include X the exterior finish, paint manufacturer's name, and color codes. (Chapter 4, Section 7.D.). 38. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 39. All Irees, 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 the Ligustrum, Bald Cypress and Live Oak trees. - 40. The trees proposed around the townhouse and single-family detached X buildings must be installed at y, the building height of the building (Chapter 7.5, Article II, Section S.M.). ...- 41. The landscape plan shows that there are trees proposed outside the property X line, along High Ridge Road and Miner Road. The trees would require the Engineering Division review and approval. Regardless, they cannot be used within the landscape plan as counting towards meeting the minimum required number oflrees. . -- 42. Staff recommends that where possible, the trees proposed within the east and X south landscaped "common" areas be spaced no further than one (I) tree per 20 linear feet. 43. Regarding the subdivision wall sign, place a note on the site plan indicating X that the sign will be located 10 feet from the property line (Chapter 21, Article N, Section J.D.). , 44. The ends of those townhouse buildings directly visible from High Ridge Road X and Miner Road should be enhanced with features similar to the front facades using elements such as balconies, individual roof features, porches, varying surface materials and colors, etc.). Those units would include # 1. # 17. #40, #84, #96, #139, #147, #169, and #174. 45. Indicate on the plans the proposed locations of the townhouse buildings by X type (not unit type). Two building designs are proposed but not located on the site. Placement of the two building design types should maintain compatibility in the project. COA.doc 08/24/05 8 , . DEPARTMENTS INCLUDE REJECT 46. Color swatches are to be provided for all proposed colors. Those unmuted X colors proposed, typical of the Caribbean or other islands, or waterfront environments, are inconsistent with established colors throughout the High Ridge Road corridor, and should be replaced with muted earth tones to increase compatibility with existing buildings and the natural characteristics of the area (i.e. existence of scrub and other preserve areas, and mature trees and other existing vegetation). Modify the proposed colors as follows and provide color renderings to match. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 47. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 48. To be detennined. ~-_...~ MWR/elj S:\Planning\SHAREO\WP\PROJECTS\High Ridge. New Urban Communities\NWSP 05-016\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA =;;"~.-,,;=, PROJECT NAME: Boynton Dixie PUD Davelopmallt I'&Z Building Engineering Oce. license Deputy City Clerk APPLICANT'S AGENT: Weiner & Aronson, PA APPLICANT: Mr. Robert Mathias with New Century Companies, LLC and Pineapple Grove Properties. L TD APPLICANT'S ADDRESS: 1020 South Federal Highway, Suite 102 Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 82 fee-simple townhouses on an 8.6-acre parcel in the PUD Planned Unit Development zoning district LOCATION OF PROPERTY: Northwest corner of the intersection of Gulfstream Boulevard and Old Dixie Highway (FEC railroad right-of-way) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach. Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the publiC finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant <./'flAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby /GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the t and conditions of this order. DATED: ~~.., 0\ . ~2Qc. (J J.. . .... ..". ~' 7'0 N ~ 7. Other S:\Planning\SHARED\WP\PROJECTS\Boynton Dixie\NWSP 05-024\DO.doc EXHBIT "C" Conditions of Approval Project name: Boynton Dixie File number: NWSP 05-024 Reference: 2"d review Dlans identified as a New Site Plan with a Julv 19. 2005 Planning and Zoning Department date stamp marking. i DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: I. Provide an acceptable turn-around for the northeast dead-end roadway. The X turn-around may be placed either at the end of the dead-end roadway or may be placed in the green area west ofthe northeast grouping of townhouses. 2. The applicant shall provide design plans for reconstruction of the X FECRR/Gulfstrearn Blvd. 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. The concrete median on the west side of the tracks shall extend west a minimum of 100 feet. ENGINEERING DIVISION -- Comments: 3. If the City Commission approves the Site Plan, the applicant shall enter the X plat process through the City's Engineering Division. A preliminary plat applicatiop may be initiated during the Site Plan review to expedite issuance of the Land DeveloDment Permit. 4. The medians on Gulfstream Blvd. have existing irrigation and plant material X belonging to and maintained by the City of Boynton Beach. Any damage to the irrigation system and/or plant material as a result of the contractor's operations shall be repaired or replaced to the equivalent or better grade, as approved by the City of Boynton Beach, and shall be the sole responsibility of the developer. The contractor shall notify and coordinate with the City of Boynton Beach Forestry & Grounds Division of Public Works a minimum of six (6) weeks in advance of any underground activities. Please acknowledge this notice in your comments response and add a note to the appropriate plan sheets with the above stated information. 5. Full Drainage Plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be reouired at the time of COA 08/22/05 2 DEPARTMENTS INCLUDE REJECT permitting. 6. Specify storm sewer diameters, inlets types, etc. on Drainage Plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 7. 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 apDlication. UTILITIES Comments: 8. Palm Beach County Health Department permits will be required for the water X and sewer svstems serving this Droiect (CODE, Section 26-12). 9. 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)). 10. 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 exDected demand. II. The Utilities Division will not require surety for installation of the water and X sewer utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 12. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 13. At the time of permitting, the applicant will be required to verifY the sizes of X the existing water I sewer line sizes. The eight inch (8") line depicted in Gulfstream Boulevard mav onlv be six inches (6"). 14. The proposed water main system is shown tying into an 8-in. line on the south X and north. The northerly existing main reduces to 6-in. west of the railroad tracks. The northerly line shall be upsized to a 12-in. main to Seacrest Blvd. COA 08/22/05 3 I DEPARTMENTS INCLUDE REJECT This work shall be coordinated with the developer of the Gulfstream Mall property. Work will include providing a hydraulic analysis showing that the proposed work, including main upgrade is capable of providing adequate flows for domestic use and fire flows for this development. 15. Revise alignment of the water main to the north to keep the main out of the X FECRR right-of-wav as long as possible. 16. Extend sanitary sewer mains. and add manholes as necessary, to the end of X each dead-end section to properly service each fee-simple townhouse. 17. 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: None X POLICE Comments: None X BUILDING DIVISION Comments: 18. 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. 19. 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. 20. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. 21. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 22. Identifv within the site data the finish floor elevation (lowest floor elevation) X COA 08/22/05 4 DEPARTMENTS that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: INCLUDE REJECT a. From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans; b. Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 23. To properly determine the impact fees that will be assessed for tl)e one-story X poolJclubhouse/recreation building, provide the following: Will the poolJclubhouse/recreation building be restricted to the residents of the entire project only? Will the residents have to cross any major roads or thoroughfares to get to the poolJclubhouse/recreation building? Will there be any additional deliveries to the site? Will there be any additional employees to maintain and provide service to the site? Please 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 imoact fees are required for the oool/clubhouse/recreation building. 24. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, theretore, be used for landscape irrigation where other sources are readily available. 25. 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 ofoermit aoolication, F.S. 373.216. 26. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission-approved site plan; If the project is a multi-family project, the building number/s must be orovided. The buildinl! numbers must be the same as noted on the COA 08/22/05 5 DEPARTMENTS INCLUDE REJECT Commission-approved site plans; The number of dwelling units in each building; The number of bedrooms in each dwelling unit. The total amount paid and itemized into how much is for water and how much is for sewer (CBBCO, Chapter 26, Article II, Sections 26-34). 27. At time of pennit review. submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of pennit review. 28. At time of building pennit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: A legal description of the land; , The full name of the project as it appears on the Development Order and the Commission-approved site plan; If the project is a multi-family project. the building numberis must be provided; The building numbers must be the same as noted on the Commission- approved site plans; The number of dwelling units in each building; The total amount being paid (CBBCO, Chapter I, Article V, Section 3(f)). 29. Pursuant to approval by the City Commission and all other outside agencies, X the pll!l1s for this project must be submitted to the Building Division for review at the time of pennit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 30. The full address of the project shall be submitted with the construction X documents at the time of pennit 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 pennit application at the time of application submittal. 31. The mail kiosk is considered a "common area" and shall comply with the X handicap accessibility requirements in 200 I FBC. Chapter II. COA 08/22/05 6 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 32. Recreation and Parks Impact Fee: X 82 single-faily attached units @ $77I.00iunit = $63,222.00. Must be paid prior to issuance of first pennit. FORESTER/ENVIRONMENTALIST Comments: 33. There are several existing gopher tortoise burrows on the site. The applicant X must provide a Flora and Fauna survey to the City and obtain a gopher tortoise pennit from the State of Florida Wildlife Commission. The applicant must submit a copy of the pennit application to the City Forester prior to the issuance of the property Clearing and Grubbing pennit. 34. The Landscape Architect should review the tabular mitigation for the X following (35) trees proposed to be removed and show the trees numbered 2,3,4,5,6,7, I 4,30,31 ,33,37,40,41,42,43,45,46,49,50,5 I ,52,54,55,56,57,58,59, 62,63,64,65,66,67,68,and 69 to be relocated from the site. These trees are all mature native species of trees. 35. All shade and palm trees on the Trees and Palms List must be listed in the description as a minimum of 12 feet to 14 feet in height, 3-inch DBH (4.5 feet X off the ground), and Florida # I (Florida Grades and Standards manual). The height of the trees may be larger than 12 feet to 14 feet to meet the 3-inche diameter requirement; or any clear wood (cw), gray wood (gw), or "wood" specifications (Chapter 7.5, Article II Sec. 5.C. 2). The landscape design should include the City signature trees (Tibochina granul<)sa) at all of the ingress / egress areas to the site. These trees must meet tlie minimum size specifications for trees (Chapter 7.5, Article II Sec. 5.C.3.N.); The applicant should show an elevation section indicating how the height of the proposed landscape material will visually buffer the proposed buildings from the Gulfstream Boulevard road right-of-way; All shrubs specifications should indicate the spread dimensions. PLANNING AND ZONING Comments: COA 08/22/05 7 i DEPARTMENTS INCLUDE REJECT 36. To follow the intent of the recommendations of the Problems and X Opportunities section of the Future Land Use Element Data and Analysis, pertaining to land use compatibility, the western building, containing 12 units, should be broken up to relieve the wall-like effect against the adjacent single-family development and/or separated from adjacent single family homes with a wider buffer and increased landscape materials. 37. Add additional architectural design elements to the rear elevation of the units facing Gulfstream Boulevard so as to resemble the front facades, and X to provide some visual variety and interest. 38. Approval of this site plan is contingent upon the accompanying request for X annexation (ANEX 05-003) and land use / rezoning application (LUAR 05- 007). 39. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building permit. It would be preferable to have evidence (i.e. a letter) of their approval prior to Commission consideration. 40. In order to ensure proper maintenance of the buffer areas, staff recommends X that they be maintained by the Home Owners' Association so that no individual property owner removes any of the required plant material along the perimeter of the PUD, and HOA documents reflect same. 41. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. . 42. The palm trees proposed around the townhouse buildings must be installed X at Y; the building height of the building (Chapter 7.5, Article II, Section S.M.). 43. Feature lighting emphasizing plants, trees, barriers, entrances, and exits is X encouraged (Chapter 9, Section 10.F.3.). 44. The (jJ1-street parking appears to eliminate the ability to have sidewalk on X both sides of the streets. Recommend eliminating these spaces due to the proposed number of parking spaces within the development well exceeding code requirements, and place sidewalk on both sides of each street. 45. Staff recommends all trees proposed along the west, north, and east property X lines be installed at 14 feet to 16 feet in height. 46. The landscape plan shows that the rear yard of each interior lot would X contain a Green Buttonwood tree spaced one (I) tree per 30 linear feet, with a continuous row of Redtip Cocoplum hedges installed at the base. Staff recommends that the spacing of these canopy trees be no more than one (I) tree -.!ler 20 linear feet, regardless o!,pr<>jlosed lot lines. COA 08/22/05 8 DEPARTMENTS INCLUDE REJECT 47. Staff recommends that the height of the screen enclosures be limited to the X mean height. 48. Consider combining the recreation areas at the central location to eliminate X need for parking spaces, place active areas remote from the vehicle intensive entrance area, and maximize the efficiency in design. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 49. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 50. To be detemrined. ~ MWRlelj S:IPlanningISHAREDlWPIPROJECTSlBoynton DixieINWSP 05-024\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. Llcen.. Deputy City Clerk PROJECT NAME: Boynton Village Condominiums Parcels 3 (WR 2) APPLICANT'S AGENT: Anthony Comparato. Compson & Associates and Kim Glas-Castro. Ruden McClosky AGENT'S ADDRESS: 980 North Federal Highway #200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20,2005 TYPE OF RELIEF SOUGHT: Request conditional use/ new site plan approval for the construction of two (2) five (5) story buildings at a height of 65 feet - 1 inch, to house 206 condominium units on a 4.384 acre portion of the 106.5 acre site know as Boynton Village and Town Center. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue. just south of the SFWMD C-16 canal. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 4. ' 5. 6. 7. 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 ~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". The Applic1jPt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. Other All further development on the property shall be made in accordance with th and conditions of this order. DATED: q -,!;If-05 S:IPlanningISHAREDlWPIPROJECTSIBoynlon Village-Boyn 'tn. City Clerk n Center 11Boynton Village Parcel 3 Condo NWSP 05-020 EXHIBIT "e" Conditions of Approval Project name: Boynton Village Parcel 3 Condos File number: COUS 05-008 Reference: 20d review plans identified as a New Site Plan with a June 21, 2005 Planning and Zoning date stamp k' mar mg. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: I. The trash holding area for this development will require Solid Waste trucks X to back across multiple lanes of traffic (entry to parking garage and roadway along north side of development.) This is an unsafe situation. Please relocate trash holding area to address this concern. 2. Multiple trash rooms are shown on this plan, with only a single trash X holding area depicted. Please indicate the number and size of the containers so we can evaluate the required pad sizes and our ability to perform the pickup operation. 3. Additionally the Landscape plan depicts landscaping in the trash holding X area. Please correct. PUBLIC WORKS- Traffic Comments: 4. On the Site plans, show and identiry all necessary traffic control devices X such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 5. Palm Beach County Health Department penn its will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 6. 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)). 7. 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 detennined based upon final meter size, or expected demand. 8. 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 Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT service this project, in accordance with the CODE, Section 26-15. 9. 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: II. Provide water supply information for this parcel. This shall include water X supply lines for hydrant and sprinkler systems and the capacity of those lines. A new flow test is required when all water feeder mains are. connected and accepted. POLICE Comments: None X ENGINEERING DIVISION ... Comments: II. All comments requiring changes and/or corrections to the plans shall be X reflected on all aDDropriate sheets. 12. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 13. Delete the tenth note on sheet L8 regarding maintaining 5 foot clear vision X in parking areas. 14. Full Drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permItting. 15. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: DEPARTMENTS INCLUDE REJECT 16. 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 City Commission and at permit review. 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 detennined by the provisions of ASCE 7. Chapter 6, and the provisions of2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of penn it application. 18. Every building and structure shall be of sufiicient strength 10 support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604. I. 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 penn it application. 20. At time of pennit review, submit signed and sealed working drawings ofthe X proposed construction. 21. At tbe time of pennit review, submit details of reinforcement of walls for X the 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 witbin tbe covered dwelling unit shall comply. 22. Batbrooms and kitchens in the covered dwelling units shall comply with the X Federal Fair Housing Act 24 CFR 100.205. Indicate on the plans wbicb design specification ("A" or "B") of the Fair Housing Act is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on tbe plans. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X may not, therefore. be used for landscape irrigation where other sources are readily available. 24. A wl!ter-use pennit from SFWMD is required for an irrigation system tbat X utilizes water from a well or body of water as its source. A copy of the permit sball be submitted at the time of permit application, F.S. 373.216. 25. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beacb Utilities Department, tbe following infonnation sball be provided at tbe time of building penn it application: a. Tbe full name of the project as it appears on tbe Development Order and the Commission-approved site plan. b. If the project is a multi-family project, the building number/s must be provided. Tbe building numbers must be the same as noted on the Commission-approved site plans. c. The number of dwelling units in eacb building. d. The number of bedrooms in each dwelling unit. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT e. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 26. 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: f. A legal description of the land. g. The full name of the project as it appears on the Development Order and the Commission-approved site plan. h. 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. i. The number of dwelling units in each building. J. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(f)) 27. 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. 28. 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 buildin1! Dermit aoDlication at the time of aDplication submittal. 29. Add to the site data the total area under roof of each residential building. X provide tabular area data for each floor of each building. The breakdown shall include the following areas and each area shall be labeled on the applicable floor plan drawing: k. Common area covered walkways; 1. Covered stairways; m. Common area balconies; n. EHtrance area outside of a unit; o. Storage areas (not part of a unit); p. Garages (not part of a unit); q. Elevator room; r. Electrical room; s. Mechanical room; t. Trash room; u. Mailbox pickup and delivery area; and Any other area under roof. (Chapter 4 - Site Plan Review, Section 7.E.2 and 3) 30. This structure meets the definition of a threshold building per F.S. 553.71(7) X and shall comply with the requirements ofF.S. 553.79 and the CBBA to the 2001 FBC, Sections 105.3.1 throu\ili 105.3.6. I DEPARTMENTS I INCLUDE I REJECT I The following information must be submitted at the time of permit application: a. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. b. All shoring and re-shoring procedures, plans and details shall be submitted. c. All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. 31. A two-hour fire-rated wall will be required between the parking garage and X the condominium per NFP A 88A, Section 4.1.2. 32. Sheet A-9 - A parking garage cannot be classified as an "R-2" occupancy. X Classiry the structure to the correct occupancy per 2001 FBC, Chapter 3. PARKS AND RECREATION Comments: 33. Impact fee: 392 multifamily units @ $656 per unit - $257, I 52.00 X 34. Irrigation is to provide I 10% coverage. Change on Landscape notes. X FORESTER/ENVIRONMENT ALIST Comments: 35. Map of Boundarv and TOPol!raphic Survey-Sheet 1 of I X Existinl! Trees Manal!ement Plan The Landscape Architect should tabulate the total existing trees on the site. The tabular data should show the individual species of trees proposed to remain in place, be relocated throughout the site, or removed I replaced on site. All desirable species of existing trees must be relocated rather than removed if the trees are in good health. These trees should be shown by a separate symbol on the landscape plan. [Environmental Regulations, Chapler 7.5, Article I Sec. 7.D.p. 2.] 36. I recommend that the applicant preserve, where possible, all existing X desirable trees that are located within the proposed landscape buffers. [Environmental Regulations, Chapter 7.5. Article I Sec. 7.D.p. 2.] - --.- f-------- --- 37. Irril!ation Plan-No lrril!ation plan inclnded in the submittal X The irrigation system design (not included in the plans) should be low volume water conservation using non-portable water. 38. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. - Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT 39. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 40. The signature trees must have eight (8) feet of clear trunk if placed within X the safe-sight triangle (Chapter 7.5, Article 2, Section 5.N.). Alternative plant material may be substituted if the above referenced plant material is not available or undesired. Any substitution of plant material (for the signature tree requirement) will be subject to the City Forester / Environmentalist review and approval. 4J. Staff recommends that you submit a master sign program that shows the X number, location, dimensions, exterior finish, and color(s) of all freestanding monument signs (Chapter 2, Section 5.H.9.). The sign program would address all types of signs, which would include 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 ofthe Land Development Regulations. . 42. Provide a detail of a typical outdoor freestanding lighting fixture. The detail X of the typical freestanding outdoor lighting fixture should include the overall height, exterior finish, materials used (i.e. concrete or aluminum) and color(s). The lighting fixture height, style, design, and illumination level shall be compatible with the building design and height and shall consider safety, function, and aesthetic value (Chapter 9, Section 10.F.I.). 43. Provide a detail of the parking structure gates indicating its dimensions, X materials used, exterior finish, and colors (Chapter 4, Section 7.D.). . 44. The project is subject to the limitations and timing at which development X may proceed as outlined in the Palm Beach County Traffic approval letter or the conditions contained within the CRALLS amendment upon its adoption. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: J. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: DEPARTMENTS INCLUDE REJECT I. Change Condition #33 to revise number of units from 392 multifamily units X to 206 multifamily units for impact fee@ 656 per unit = $135,136.00. S:\Planning\SHARED\WP\PROJECTS\Boynlon Village-Boynton Town Center l\Boynton Village Parcel 3 Condo COUS 05-008\COA.doc S:\Pfanning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc FORM 8A MEMORANDUM OF VOTING CONFLICT FOR STATE OFFICERS . L T AM - RST N rE NAME 6_- NAME OFF BO D,COUNCIL, MISSION,AUTHORITY,OFj,COMMITTEE c''� / l " � 41,-.1..„............,,,,- .7-' \�f M G ADD NAME O�F T T SAGENCY 6f" f - y�r�� /� C r _ =� CI v �� NTY MY POSmON IS: E'-EC CTIVE �/� '� (_ ❑ APPOINTIVE DATE O WHICH VOTE RR X / WHO MUST FILE FORM 8A . This form is for use by any person serving at the State level of government on an appointed or elected board, council, commission, author- ity, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: As a person holding elective state office,you may vote on a measure which inures to your special private gain or loss;to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. However,if you vote on such a measure you must complete this form and file the form within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes. For purposes of this law, a"relative"includes only your father, mother,son,daughter, husband,wife, brother,sister,father-in-law, mother- in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). • • a a * • • a • • • a • a • • APPOINTED OFFICERS: As a person holding appointive state office, you may vote on a measure which inures to your special private gain or loss; to the special gain or loss of a principal by whom you are retained (including the parent organization or subsidiary of a corporate principal by which you are retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. However, you must disclose the nature of the conflict before voting or before making any attempt to influence the decision by oral or written communica- tion,whether made by you or at your direction. For purposes of this law,a"relative"includes only your father, mother,son, daughter, husband,wife, brother, sister,father-in-law, mother- in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enter- prise with you as a partner,joint venturer, coowner of property,or corporate shareholder(where the shares of the corporation are not listed . on any national or regional stock exchange). IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: , • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. ii IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. CE FORM 8A-EFF.1/2000 PAGE 1 Z-1 DISCLOSURE OF STATE OFFICER'S INTER ST 1, ( 4,,' / 7, ,hereby disclose that on % .f - e.) .20 (a)A measure came or will com before my agency which(check one) ___ inured to my special private gain or loss; ___ inured to the special gain or loss of my business associate, ,• ___ inured to the special gain or loss of my relative, _ , ___ inured to the special gain or loss of , by whom I am retained;or ___ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: (_ 3 7� •• '-zz_ "/ Gam.---- . / , 71-moi!�(/3�Z..-/ (V/ )n i,4 i, ________ _—__._ l te: 7.--- Q___",---. :_, j ec,..,„--QZ CS,,‘-- / r C IV -.--;')7 -, 4 . _-- Cti J �" .%!•" � Date Filed g R o,;Y:lam- / '4111111111, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8A-EFF. 1/2000 PAGE 2 -It e-rn V