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Minutes 10-05-05 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, OCTOBER 5, 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 Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Father Martin Zlatic - St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:33 p.m. and requested all cell phones be turned off or on vibrate and calls be taken outside of the Chambers. Father Zlatic of the St. Joseph's Episcopal Church along with Master Kazem Rezakhani, a 5th grade student, offered the invocation. Mayor Taylor led the Pledge of Allegiance to the Flag. Mr. Bressner presented the student with a City pin, the Mayor thanked him for his prayer and Vice Mayor McCray requested and received a copy of the student's prayer. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor McCray requested a presentation to an employee be added. 2. Adoption Motion Vice Mayor McCray moved to adopt the agenda as amended. Commissioner Ensler seconded the motion. Motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission. Minutes Regular Commission Meeting Boynton Beach, FL October 5,2005 Commissioner Ensler commented frequently questions regarding the cost of adding infrastructure for new developments have been asked. There is an ordinance, passed 12 years ago, establishing a capital fee to be paid based on size and other criteria. Currently, the City is expanding water exploration and assessing water infiltration into the sewer system which is very costly. He asked staff to analyze the expense over the next 10 to 20 years to determine if the rates should be adjusted to ensure the money is available. Mr. Bressner replied the City does do interim rate reviews periodically. The business model for capital improvements will be available the middle of November and this issue can be included. Vice Mayor McCray asked if the rates have been reviewed with due diligence over the last twelve years. Mr. Bressner affirmed the rates are evaluated to determine if the necessary revenue stream is being maintained. The fees are reserved to accommodate additional capacity at the water plant. He replied the review had not been done in the last two years. Commissioner McKoy supported a review in light of the two year time frame since the last analysis. Vice Mayor McCray cautioned he did not want a rush that might compromise the accuracy of the information. Commissioner Ensler agreed the information needed to be accurate. Mr. Bressner added the completion of the population study is also crucial to the data and has not been received, along with the business case evaluation for the water improvements. Mr. Bressner estimated the capital improvement fees analysis could be complete by early February. Commissioner Ensler suggested the item be added to Future Agenda Items without a date and there was consensus from the Commission. Mayor Taylor announced the Chamber of Commerce and Community Redevelopment Agency (CRA) had conducted the 2nd Annual Community Development Forum featuring the development going on in the community, mortgage brokers, bankers and businesses trying to draw other businesses to get established in the City. He commended the Agencies for the event that drew over 300 attendees. Mayor Taylor also commended the Fire Department for the event held at Brus Restaurant to raise money for the Heart Association. Many firemen had volunteered their time and effort to support the cause and assisted with the many activities for the capacity crowd who attended the event. Vice Mayor McCray suggested the Police Department explain the new substation established on their website. III. ANNOUNCEMENTS, COMMUNITY &. SPECIAL EVENTS, &. PRESENTATIONS: A. Announcements: 2 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 Matt Immler, Chief of Police, announced a virtual substation had been established in the form of the Police Department website redesign. It is now more user friendly and accessible to the community by including access to the sexual offenders' map, anonymous email access to any member of the police department and ability to log complaints or praise. Links to the Florida Department of Law Enforcement and other agencies are available. The future plans involve making all crime data accessible to the public. Vice Mayor McCray suggested the complaint form be made more accessible to those not familiar with computers. Chief Immler said a link could be established on the front page. B. Community and Special Events: None. C. Presentations: 1. Proclamations: a. Fire Prevention Week - October 9 - 15, 2005. Mayor Taylor read the Proclamation for Fire Prevention Week with the 2005 national theme of "Use Candles with Care. When you Go Out, Blow Out", and presented it to Assistant Fire Chief Ray Carter. 2. Tribute to the First United Methodist Church of Boynton Beach. Mayor Taylor read the Tribute to the First United Methodist Church of Boynton Beach recognizing their 100th anniversary. Vice Mayor McCray read and presented to Quintus Greene, Director of Development, a Certificate of Appreciation recognizing the outstanding job done by Lynn Hayes in assisting Vice Mayor McCray with personal business he had in the Building Department. Mayor Taylor announced Customer Appreciation Week festivities would be held all week in the lobby at City Hall and invited the public to attend. 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, 711 Wood Fern Drive, acknowledged he had received an answer to his questions from the previous Commission meeting relating to cell phone use during meetings. The letter 3 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 indicated a violation had not occurred due to lack of notice. Mr. Suss disagreed and presented a picture of posted signs in the City Hall lobby, a copy of which is on file in the City Clerk's office. He maintained the four signs in the lobby are visible and refer to a violation of the law for non-compliance. Mr. Suss believed the Commissioner violated a State statute and the response he received only referred to the City ordinance. Mr. Suss added the Commissioner's initials were also appropriate and the reference to Mr. Suss's initials was inappropriate. He asked the Commission to set a Code of Conduct for themselves. Mayor Taylor responded there was a Code of Conduct for the Commission and it was his responsibility to maintain compliance. He would remind everyone at each meeting to turn off any cell phones and maintain the decorum of the meetings. Yves Hubert, 717 North Federal Highway, referred to securing his building before Hurricane Katrina arrived. Code Enforcement referred Mr. Hubert to the City for a permit providing for emergency repairs and suggested he secure the building and roof as best he could. Mr. Hubert inquired about the procedure to file an appeal from a Code Enforcement violation which gave him 30 days to resolve the violation. He felt he was discouraged from proceeding with an appeal. His intent was to redo the fa<;ade of the building and make it more attractive. Mr. Bressner said the City was well aware of the situation with the property that has an extensive history of issues with the City and Code Compliance matters that could not be resolved quickly. The violations are properly heard before the Code Compliance Board for review. Mr. Hubert related he had fifteen days to file an appeal but did not get a transcript of the proceedings to file an appeal. Mr. Bressner offered to make the file on the property available to Mr. Hubert so an informed decision could be made regarding any appeal. The fifteen days could be extended if a hardship is determined to exist. No one else coming forward, Mayor Taylor closed the Public Audience. V. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Exoiration Date Mayor I II Taylor Ensler McCray Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Alt Alt Reg. 1 yr term to 4(06(2) 1 yr term to 4(06(2) 2 yr term to 4(07(2) Mayor Taylor and Commissioner Ensler passed their alternate appointments. 4 Minutes Regular Commission Meeting Boynton Beach, FL October 5,2005 Motion Vice Mayor McCray moved to appoint Loretta Wilkinson as a regular member of the Advisory Board on Children and Youth. Commissioner McKoy seconded the motion. Motion passed unanimously. I Ensler Arts Commission Alt. 1 yr term to 4(06(2) Commissioner Ensler passed the alternate appointment. III Ferguson Cemetery Board Alt 1 yr term to 4(06(2) Commissioner Ferguson passed the alternate appointment. Mayor Taylor I Ensler Code Compliance Board Code Compliance Board Alt Reg 1 yr term to 4(06(2) 3 yr term to 4(07 Mayor Taylor passed the alternate appointment for lack of an applicant. Motion Commissioner Ensler moved to change Richard Yerzy from an alternate to regular member of the Code Compliance Board. Vice Mayor McCray seconded the motion. Motion passed unanimously. I III Ensler Ferguson Education Advisory Board Education Advisory Board Alt Stu 1 yr term to 4(06(2) 1 yr term to 4(06 Commissioner Ensler passed the alternate appointment. Motion Commissioner Ferguson moved to appointed Maria Ferarria as a Student Education Advisory Board. Commissioner McKoy seconded the motion. unanimously. member of the Motion passed Mayor Taylor Library Board Alt 1 yr term to 4(06(2) I Ensler Library Board Alt 1 yr term to 4(06(2) Mayor Taylor and Commissioner Ensler passed the alternate appointments for lack of applicants. IV McKoy Planning and Development Bd. Alt. 1 yr term to 4(06 5 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 Motion Commissioner McKoy moved to appoint Sharon Grcevic as an alternate on the Planning and Development Board. Commissioner Ensler seconded the motion. Motion passed unanimously. II McCray Recreation and Parks Bd. Alt. 1 yr term to 4(06 Motion Vice Mayor McCray moved to appoint James McMahon as an alternate member of the Recreation and Parks Board. Commissioner Ferguson seconded the motion. Motion carried unanimously. III IV Mayor Ferguson McKoy Taylor Veterans Advisory Commission Veterans Advisory Commission Veterans Advisory Commission Alt. Alt. Alt. 1 yr term to 4(06(2) 1 yr term to 4(06(2) 1 yr term to 4(06(2) Motion Commissioner Ferguson moved to appoint Wilbur Sims as an alternate member of the Veterans Advisory Commission. Commissioner McKoy moved to appoint Marilyn Nemes as an alternate member of the Veterans Advisory Commission Advisory Commission. Commissioner Ferguson seconded the motions. The motions 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. 2. 3. CIP Workshop - August 30, 2005 Special Meeting - Fire Assessment - September 13, 2005 Agenda Preview Meeting - September 16, 2005 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2004-2005 Adopted Budget. 1. Multi-award Bid #064-1412-05jOD "ANNUAL SUPPLY OF BRASS FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications along with brand name, vendor shipping. Estimated annual expenditure of $75,000. 2. Approve a contract for "FIVE YEAR CONTRACT FOR SNACK VENDING MACHINES" to Steve's Vending of Loxahatchee, FI. (Proposed Resolution No. R05-160) 6 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 2. 3. 4. 5. 6. 7. 8. Approve a contract for "FIVE YEAR CONTRACT FOR SNACK VENDING MACHINES" to Steve's Vending of Loxahatchee, FI. (Proposed Resolution No. R05-160) Approve four (4) contracts with rates for compensation for services and authorize the execution of contracts with each of the four (4) final, acceptable qualified firms that responded to the RFQ "LANDSCAPE ARCHITECT CONSULTANT SERVICES", RFQ #040- 2730-05(cjd; GLATTING JACKSON, RMPK GROUP; PBs & J; AND LAND STEWARDSHIP. (Proposed Resolution No. R05-161) Approve a piggy-back of Town of Palm Beach #2003-13 and Pinellas County, Florida, Bid #001-Q698B with Insituform Technologies, Inc. of Jacksonville, FL to reline wastewater pipelines in the amount of: $281,183 plus a 10% contingency of $28,118.30 for a total of $309,301.30. stormwater Cured in Place Pipe Rehabilitation in the amount of $129,826 plus a 10% contingency of $12,982.60 for a total of $142,808.60. Total expenditure of: $452,109.90. (Proposed Resolution No. R05- 162) Award the RFP for "POLICE DEPARTMENT MANAGEMENT STUDY" RFP #027-2110-05/0D to Police Executive Research Forum of Washington, D.C. in the amount of $98,117.00 with funding to come from contingency account # 001-1211-512.99-01. (Proposed Resolution No. R05-163) Approve a "piggy-back" of the Department of Education Bid #2005-15 to Rivers Bus Company of Jacksonville, FL for the purchase of a bus for the Recreation/Parks Department with an expenditure of $70,059.00. Split-award the "TWO YEAR CONTRACT FOR THE PURCHASE OF VARIOUS SIZE DISCHARGE PUMPS EMU OR FLYGT", Bid #059- 2816-05/0D, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure over the two (2) year period of $300,000. The two (2) companies being recommended for award are: Florida Bearings, Inc. of Riviera Beach, FL and ITT Flygt LLC, of Riviera Beach, FL. Award the Bid for "THE PURCHASE OF NINETY (90) NEW ELECTRIC GOLF CARS", BID #063-2910-0S(JA, to CLUB CAR INC. 7 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 of Orlando, FL, for a total amount of $179,525. This price is the grand total including trade-ins. 9. Award the RFP for the "THREE-YEAR LEASE FOR CONCESSION OPERATIONS, OCEANFRONT PARK", at Boynton Beach Municipal Beach, Oceanfront Park, RFP # 066-2710-05/JA and to Backstreet Grille & Bistro per the terms of the lease agreement. Monthly lease payments will be made to the City of Boynton Beach. (Proposed Resolution No R05-164) 10. Award the Bid for the "BOYNTON BEACH MEMORIAL PARK ETCHING NAMES IN MAUSOLEUM CRYPT AND NICHE FRONTS", Bid #057-2730-05(JA to BROWARD MONUMENT, for a total of $92,765.00. C. Resolutions: 1. Proposed Resolution No. ROS-16S RE: Approving the FDOT Maintenance Memorandum of Agreement (MOA) for the median improvements to be completed with the Boynton Beach Boulevard resurfacing project scheduled for next Spring, 2006. 2. Proposed Resolution No. ROS-166 RE: Approving and authorizing execution of an Agreement to Exchange Real Property, a Quit Claim Deed, and also an Easement dedication to effect the transfer of property and obtaining of easement with Boynton Waterways Investment Associates, LLC, in conjunction with the project known as The Promenade. 3. Proposed Resolution No. ROS-167 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with ACL Investments for the property at 1111 Highland Rd., Lake Worth, FL (Ridge Grove LT 70). 4. Proposed Resolution No. ROS-168 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Charles Phillippe for the property at 7804 Terrace Rd., Lake Worth, FL (Tropical Terrace Lt 120). 5. Proposed Resolution No. ROS-169 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with William J. Dwyer & Doris E. Dwyer for the 8 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 property at 1056 Florence Rd., Lake Worth, FL (Hypoluxo Ridge Lt 60). 6. Proposed Resolution No. ROS-170 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Desiree' Maraj-Mungra for the property at 7823 Loomis Street, Lantana FL (Tropical Terrace L T 133). 7. Proposed Resolution No. ROS-171 RE: Approving an Interlocal Agreement with Palm Beach County for the installation and maintenance of an information kiosk at Boat Club Park. D. Ratification of Planning and Development Board Action None E. Ratification of CRA Action: 1. Gulfstream Gardens (MPMD 05-011) Request for Master Plan modification to re-orient the townhouse buildings, and modify and relocate parking areas, drive aisles, and recreation areas within the 9.99 acre Gulfstream Gardens Master Plan. 2. Gulfstream Gardens (NWSP 04-016) Request for new site plan approval to construct 198 dwelling units and related site improvements on a 9.99 acre parcel in the (PUD) Planned Unit Development zoning district. Commissioner Ensler pulled items E.1 and E.2 for public comment and a brief presentation by staff. F. Approve the "BOYNTON TOWN CENTER" record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., PE(PsM (City Engineer and Surveyor & Mapper). Attorney Cherof pulled item F for discussion. G. Approve directing the South Central Regional Wastewater Treatment and Disposal Board to proceed with Phases 3 and 4 of the Odor Control Study by Hazen & Sawyer, Engineers, to determine appropriate odor control measures for the regional wastewater system. 9 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 H. Approve a $5,000 donation to MAD DADS of Greater Boynton Beach, Inc. from the State Law Enforcement Trust Fund. Motion Vice Mayor McCray moved to approve the Consent Agenda items as amended. Commissioner McKoy seconded the motion. Motion passed unanimously. E.1 Gulfstream Gardens (MPMD 05-011) Request for Master Plan modification to re-orient the townhouse buildings, and modify and relocate parking areas, drive aisles, and recreation areas within the 9.99 acre Gulfstream Gardens Master Plan. Ed Breese, Principle Planner, reported the Master Plan was for a 9.99 acre parcel with land use of Special High Density Residential and the zoning PUD. The original plan called for 199 units, the new master plan is for 198 units. Changes were made to the orientation of the buildings along Federal Highway for consistency and a consolidated recreation area, plus the buildings are now closer to Federal Highway to match the urban flow. Bradley Miller, Miller Land Planning Consultants, 420 W. Boynton Beach Blvd., indicated the request was for a modified master plan and a new site plan. The CRA gave a unanimous recommendation of approval without any public comment. Commissioner Ensler asked if the applicant agreed with the recommendations of all 40 conditions. Mr. Miller was in agreement with all conditions. Motion Commissioner Ferguson moved to approve item E.!. Vice Mayor McCray seconded the motion. Motion passed unanimously. E.2 Gulfstream Gardens (NWSP 04-016) Request for new site plan approval to construct 198 dwelling units and related site improvements on a 9.99 acre parcel in the (PUD) Planned Unit Development zoning district. Motion Commissioner Ensler moved to approve item E.2. Vice Mayor McCray seconded the motion. Motion passed unanimously. F. Approve the "BOYNTON TOWN CENTER" record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr., PE/PsM (City Engineer and Surveyor & Mapper). 10 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 Attorney Cherof informed the Commission following the approval of the plat, the Mayor would sign the plat and then the document would be recorded by staff. However, the parties requested the plat be held in escrow pending their closing. Upon successful closing the plat will be recorded in conjunction with the closing. If the closing is unsuccessful the closing will be returned to the city unrecorded. Motion Vice Mayor McCray moved to approve as stated by counsel. Commissioner Ferguson seconded the motion. Motion passed unanimously. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission None IX. CITY MANAGER'S REPORT: A. Staff's recommendation to replace the Wilson pool with a new pool Wally Majors, Recreation and Parks Director, asked for concurrence on the recommendation to replace the Wilson pool. Initially, modification of the pool with repairs was recommended. Significant maintenance and operational concerns dictated that replacing the pool would be a better avenue to pursue. It was determined a new pool could be funded with the monies originally allocated for repairs, modifications and the spray ground. Mr. Majors believed the new plans would meet the needs of the citizens better than the original pool that was based in the early 1960s with 1950 standards and uses. The design would have areas for play and swimming lessons, plus new warranties and reliability for many years. Vice Mayor McCray commended staff for their efforts in not throwing good money after bad money as directed. He asked if it would be possible to move the pool back off the corner and add greenery and shrubbery to the area. Jeff Livergood, Director of Public Works, pointed out while he agreed with Vice Mayor McCray's suggestion, the reality would be that the additional structure work and cost would be required if the pool would be moved. Keeping the pool in the same location would enable salvaging a great deal of the underground piping system. Moving the pool north can be evaluated by the consultant, although it would delay the project. 11 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 Mr. Bressner inquired if the sidewalk could be moved to allow for buffering along the pool. Mr. Livergood indicated additional landscaping can be done on the west side. The south side does not have as much space, but a retaining wall could include a decorative element to enhance the aesthetics. Mr. Bressner felt a quick report could be generated. He was concerned with the plumbing and bath house in terms of utilizing the existing infrastructure, if possible. Commissioner Ensler agreed with the Vice Mayor's comments and suggested now may be the time to review the entire Wilson complex and get community feedback on the needs of the citizens. In his experience using the infrastructure of the existing pipes is usually a mistake. Commissioner Ensler was not concerned about the budget as much as doing the project correctly the first time. Mr. Majors mentioned the community had been involved in planning for more open areas within the site to allow for play activities. If the pool were moved it would sacrifice a good amount of the green space. Retaining the open space has been a concern for the citizens. Also the community is anxious to see the project progress and delay would be a problem. Vice Mayor McCray understood the community was anxious to proceed, however, the project needs to benefit the entire City of Boynton so it should be done right. He noted the pool has served the area for 45 years and waiting to get the work done correctly would be more prudent. Mayor Taylor commented the cost of a new pool has been resolved and the piping system to be retained is operational and of good quality so the project should move forward. Commissioner Ferguson echoed the Mayor's idea that the project should proceed. Commissioner McKoy thought input from the community on the time frame may be appropriate along with the idea of moving the pool. Mayor Taylor contended delay may change the availability of funding and right now a new pool can be funded at its present location. Wilfred Hawkins, Assistant City Manager, added several meetings were held within the community to receive their input on the issue. The bottom line may be the budget. He pointed out the delays have been due to acquisition scenarios for the area. The acquisitions have been done very diplomatically and the community remains happy with the outcome. He felt the current proposal is the best for the money available that the community can be proud of and use. Commissioner McKoy questioned if the location of the pool was discussed at any public meetings. Mr. Hawkins indicated no. The pool has always been at the same location with significant upgrades. Mr. Bressner emphasized the proposal represents stewardship of public monies and balancing the resources provided to meet the needs and represents a new pool. 12 Minutes Regular Commission Meeting Boynton Beach, FL October 5,2005 Commissioner Ensler did not object to the plan and suggested the differential may not be as large as anticipated to move the pool. Due diligence mandates looking at all the alternatives to be better prepared to make a decision. Mr. Livergood did indicate the task order for the consultants would have to be amended to include those services. Civil engineers would need to be involved along with the design engineers to evaluate site grading and elevations. He felt at least 90 days would be required to get the best data and numbers. Vice Mayor McCray asked for an estimate of the cost for the task orders. Mr. Majors indicated subsequent to the preagenda conference the consultant gave an estimate of $2M to $3M in addition to the present costs. The piping would all be replaced in the pool area. The pump room is the best feature of the current pool and would be retained as state of the art. Vice Mayor McCray voiced his opinion staff was doing due diligence to give the community a pool the City will be proud of and he supported the new pool. Commissioner Ensler concurred. Herb Suss, Wood Fern Drive, felt after 45 years the pool should be replaced and in no way should the present plumbing be used for the new pool. He asked for specifics on the type of construction, sanitation, diving boards and depth. Mayor Taylor remarked the issue was only whether to allow a new pool and not the design specifications. Mr. Bressner requested a motion to authorize proceeding with the project as redefined and authorize a new pool at Wilson to get started. He indicated mitigating the south elevation of the pool with landscaping would be pursued. Motion Vice Mayor McCray moved to replace the existing Wilson pool with a new pool with the specifications presented by staff. Commissioner McKoy seconded the motion. Motion passed unanimously. X. FUTURE AGENDA ITEMS: A. Agreement for the Boynton Beach-Heart of Boynton Project - Phase I (10/18/05) B. Interlocal agreement between the City and CRA for land acquisition in the Heart of Boynton Beach. (Tabled to 10(18(05)(Proposed Resolution No. R05-119) Vice Mayor McCray asked if items A and B were still on schedule. Mr. Bressner reported if the CRA concluded their work on October 11th, the items would be ready. 13 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 C. City Manager's Evaluation. (10(18(2005) Vice Mayor McCray asked if the City Manager would be submitting his pros and cons before the next meeting. Mr. Bressner indicated he was working on the presentation. D. Ordinance allowing non residents on Advisory Boards. (10/18/05) E. List of State Funding Requests. (10/18(05) F. Notification to residential areas of ordinance changes. (10/18/05) G. Proposed amendment to Parks Dedication Code ordinance to modify the review time line. (11/1(05) H. Reduction in the allowance for uncollectible accounts. (11/1/05) Mayor Taylor mentioned Commissioner Ensler has asked to add the Cap Fee Analysis, without a date, to the Future Agenda Items. XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 05-056 RE: Requesting annexation of subject property at the northwest corner of the intersection of Gulfstream Blvd and Old Dixie Highway. (Boynton Dixie) Attorney Cherof read Proposed Ordinance No. 05-056 by title only. Mayor Taylor opened the issue to the public for comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-056. Commissioner Ferguson seconded the motion. ~ City Clerk Prainito called the roll. The motion passed 5-0. 14 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 2. Proposed Ordinance No. 05-057 amendment of the Comprehensive Plan Medium Density Residential (MR-5) to (MeDR). (Boynton Dixie) RE: Requesting Future Land Use Map from Medium Density Residential Attorney Cherof read Proposed Ordinance No. 05-057 by title only. Mayor Taylor opened the issue to the public for comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-057. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 3. Proposed Ordinance No. 05-058 RE: Requesting rezoning from Single-family residential (Rs) to Planned Unit Development (PUD) for the development of 82 town homes, recreation areas and related site improvements on 8.6 acres. (Boynton Dixie) Attorney Cherof read Proposed Ordinance No. 05-058 by title only. Mayor Taylor opened the issue to the public for comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-058. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 4. Proposed Ordinance No. 05-059 RE: Requesting amendment of the Land Development Regulations, Chapter 2.5, and 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. Attorney Cherof read Proposed Ordinance No. 05-059 by title only. 15 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 Mayor Taylor opened the issue to the public for comment. No one coming forward, Mayor Taylor closed the public hearing. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-059. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 5. 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. Deborah Coles-Dobay, Arts Commission Chair, 1062 NW 6th Avenue, thanked the Commission and staff for their assistance in this endeavor. The Arts Commission was disappointed with the projects that would be excluded from the Public Art fees and the missed opportunity for the art. She realized the legal issue must prevail and asked the Commission to support the efforts of the Arts Commission to urge those projects that are exempt to include art in their plans. Ms. Coles-Dobay invited the Commission and the public to the Raiders of the Lost Art event being held to encourage citizens to discover public art and where it can be placed in the City. An awards celebration would also be held. Commissioner Ensler wondered if there was an additional request other than approving the ordinance. Ms. Coles-Dobay wanted to make sure the collection of the fees is an appropriate legal issue. Mayor Taylor felt it had been made clear the art fees would be effective upon the passing of the ordinance. As of tomorrow any application that exceeds $250,000 would be subject to the fee. Commissioner Ensler asked if a specific document submission would trigger the valuation. Mike Rumpf, Planning and Zoning Director, replied there is not a project that is initiated without some form of application, whether it is a formal application or letter equivalent. It is a standardized system. Commissioner Ensler asked if a phone call would suffice and Mr. Rumpf answered it would not. He stressed a standard from is used in the Planning and Zoning Department and the Building Department for any application. Standardized documents must be submitted to complete the application. 16 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 Vice Mayor McCray inquired who would resolve a disagreement on the issue. Mr. Bressner submitted a list of all developments currently in the pipeline that meet the appropriate application criteria. Anything subsequent to the list would be subject to the fee. Commissioner Ensler asked if an extension of a site plan were granted would the fee be applicable. Attorney Cherof said the Ordinance had been amended on extension of site plans to add a condition the Commission could attach new conditions on to the extension. His opinion was one of the conditions could be implementation of the art fee. Motion Vice Mayor McCray moved to approve Proposed Ordinance No. 05-060. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. B. Ordinances -- 1st Reading 1. Proposed Ordinance No. 05-061 RE: Approving establishment of the Quantum Park Overlay Dependent District. Attorney Cherof read Proposed Ordinance No. 05-061 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 05-061. Vice Mayor McCray seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. C. Resolutions: 1. Proposed Resolution No. ROS-l72 RE: Approving the Interlocal agreement between the City of Boynton Beach and the Community Redevelopment Agency for the Old High School Project. Attorney Cherof read Proposed Resolution No. R05-172 by title only. Motion Vice Mayor McCray moved to approve Proposed Resolution No. 05-172. Commissioner McKoy seconded the motion. The motion passed unanimously. 17 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 2. Proposed Resolution No. ROS-173 RE: Approving a three month extension to Notice of Intent #2005-01 to allow additional time for the review of consultant recommendations, the consideration of related data being assembled as part of a county-wide effort, and for the completion of regulations or other recommendations. Attorney Cherof read Proposed Resolution No. R05-173 by title only. Motion Vice Mayor McCray moved to approve Proposed Resolution No. 05-173. Commissioner Ensler seconded the motion. The motion passed unanimously. D. Other: 1. Tow Contracts and clarification of per mile towing charges. David Katz, 67 Midland Lane related that through numerous contract negotiations with City staff, the tow companies understood a $6 per mile could be charged on all tows from the point of engagement. City staff within the Police Department and the Legal Department suggested the issue be brought to Commission to address the misunderstanding. Mr. Hawkins contended when the contracts were first implemented the per mile charge only applied to outside City limits. It was never the intent of staff to change the provision of the contract to allow a per mile charge inside the City limits. He cited Section 1.1.A calls for a flat rate charge of $135 for a call within the City limits. Section 1.1.A.3 addressed a call outside the City limits. Staff's current position was no per mile charge would be allowed within City limits. Mr. Katz pointed out the individuals involved in the negotiations were Dale Sugarman and former Police Chief Gage who are no longer with the City. He did not disagree with the language but did feel it did not reflect the intent of the negotiations. Attorney Cherof said he prepared the contract based on the notes staff provided and the contract is very clear and unequivocal. He emphasized it could be amended. Vice Mayor McCray felt the contract should remain as prepared and passed. Commissioner McKoy believed the paperwork submitted reflected the intent and no change should be made at this time. Commissioner Ensler inquired if the contract was for one year or multiple years. Mr. Katz replied it was a two year contract with a one year extension allowed. 18 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 Vice Mayor McCray questioned why the contractors are returning with this request now since they were present at the time the Resolution was passed. Mr. Hawkins did not know. Mayor Taylor said intent could not be discerned after the fact. Motion Vice Mayor McCray moved to recognize the current contract. Commissioner Ferguson seconded the motion. Commissioner Ensler asked if the one question could be revisited at the end of the first year of the contract. Mr. Hawkins felt it was a philosophical issue of what is fair. The contract is entered into for the benefit of people unable to arrange for a tow and should be based on market rates and comparisons from other cities. Commissioner Ferguson agreed with Commissioner Ensler that the issue should be revisited at the end of the first year. Mayor Taylor did not disagree with revisiting the issue at the end of the first year, but did note the City is only six miles long and did not feel the extra charge per mile within the City was appropriate. Motion Commissioner Ferguson asked to amend the pending motion to allow the one issue to be revisited at the end of the first year of the contract. Vice Mayor McCray stressed there is a rotation list and non performance would violate the contract and result in removal from the rotation list. Vice Mayor McCray agreed to amend his motion to allow the one issue to be renegotiated at the end of the first year. Commissioner McKoy seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: None. XIV. ADJOURNMENT: There being no further matters to come before the Commission, Mayor Taylor adjourned the meeting at 8:01 p.m. 19 Minutes Regular Commission Meeting Boynton Beach, FL October 5, 2005 ATTEST: k~ . Clerk I '.--1.'- L/' "/~ -f- / _ '/" (i' -, ~(.;/( .{" ./' ,( "J {.(i~ ,Eleputy City Clerk I /10/9/05 . ' CITY OF BOYNTON BEACH . ""'. ..--....:.::=.:-~I /,/f _~~_:,/~-'_.:.~.~_ - ;' . ->.~c ) ~c."\ ')./ ~ C 1::~ om missioner ,j 20 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering c. llcen.e Deputy Clly Cl,,_ PROJECT NAME: Gulfstream Gardens P.UD. AGENT: Mr. Bradley Miller, AICP with Miller Land Planning Consultants, Inc. AGENT'S ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 5,2005 TYPE OF RELIEF SOUGHT: Request approval for master plan modification (Gulfstream Gardens P.U.D.) to re-orient the buildings, parking areas, and drive aisles on the 9.99-acre parcel, zoned PUD. LOCATION OF PROPERY: West side of Federal Highway, approximately y.. miles north of Gulfstream Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: DATED: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The 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 Applical)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 ter and conditions of this order. 7. Other 'fV]. City Clerk ID-07-05 S:\Planning\SHAREOIWP\PROJECTS\Gulfstream Gardens\NWSP 04-016\MPMD 05-011\DO.doc ~ % w - :s a a -' o z ;;..;r__J, 1('/' , I( '\ y, GULFSTREAM GARDENS LOCATION MAP ot in City GC ------. LRC --_.~-----~- I cj ----- LEGEND w.' , ~7~ Annexation Area Amendment Area o 35 70 -- 140 210 280 Feet LRC .. Local Retail Commercial GC - General Commercial .+. 1 in. = 197.3 feet Gulfstream Gardens EXHIBIT B ~ 'J ~-= ~ " ~1IIOor~~ i f~I' ~ " a III .J. 1'1 .1. i i Ii . . Jlr "'- f J ~ ~JIUJlf UJ:J i m;lll ~ , fl J . iii.. · ~ I ~!h -; ';~;II f 0 I tl I ___ ii ~~! IIi I < ~tl,n rrfff ~ , ",",.::!I ; II f ;> ~ ~;;;ii~~} ---- . ~. ~ p I , i I I' I !q i I I 1m =-= -=:=,-~- "'LORfDAe..sr ~~-:::::::== T JlAIL~a.to - ~ - ~ --~ -=-= OLD DIXiE ~_____ - =-- ""A)' ~~ ~-------- APPROVED MASTER PLAN ~ I . . . I . ! s , - I ~ ] ~! Gulfstream Gardens ~ ~ aoyntonBeoch,~ f lwl WII m;l I j!P !J(IHHIB i~d lrfi~ irl, ,;~ If ~ ~ 'f '~ I" n if ~ I !;!iO PROPOSED MASTER PLAN = -= -rx, =- FlORIDA EAST = - = _ === COAST %LNQ40 =- = = = ----- ~ -- I I ......,~. I !'" I l- II :iil Ii I . I I Ie '. I 16 I I I, lG;> II Ie Ii ~ < I~ I I 1<:;> I I I, I", II 1<9 i Ie I ---." ----- Illll,II,ill.!:!I!1 IlIlIlI11!111~ !II II 'l ,!" !' -I ~ i~ I~!l~' ,-. I ~ I 1,1111" !Ji,'J 1;'1 ,I ,1'1" Ip J . ~ ': ^ GULFSTREAM GARDENS! II ~ ~ I Ct'nA SHAH I'_"M' ,~DROTOS ,~ & ASSOCI_TES .......- E~~.wTlt. NO. ~iU .SUll\l['''~ lie. NO. LI-OO"$6 3410_~_."'A'""".b1..P"'P<I"'''aeh.fl.>>304 PH,tS4_U3_un . "AX' '54-783-4154 l : crrror8O'l'NfON8E.'oC1l. P,IU,lflu.cHCout<lY.FlOJUC!A MASTER PLAN o f ~ ~ c' , 0 i:' o -- -- - - r i , ~ " a ~ , ~ o. ~ Ii' , j!1 '= EXHIBIT "e" Conditions of Approval Project name: Gulfstream Gardens File number: MPMD 05-0] ] Reference: 2"" review plans identified as a Master Plan Modification with a August 24. 2005 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The proposed building setbacks shall be shown both in tabular and graphic X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT format. They shall match the setbacks proposed in the accompanying request for new site olan (NWSP 04-016). ADDITIONAL COMMUNTIY REDEVELOPMENT AGENCY BOARD COMMENTS Comments: 2. None X ADDITIONAL CITY COMMISSION COMMENTS Comments: 3. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\NWSP 04~Ol6\MPMD 05-011 \COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Gulfstream Gardens D..el.~...1It paz Building EngineerIng Occ. Licon.. Deputy City 0.". Mr. Bradley Miller, AICP with Miller Land Planning Consultants, I c. AGENT: AGENTS ADDRESS: 298 Pineapple Grove Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 5, 2005 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 198 townhouse units on 9.99 acres in the PUD zoning district. LOCATION OF PROPERTY: West side of Federal Highway, approximately Y. miles north of Gulfstream Boulevard DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Community Redevelopment Agency Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~AS 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 wi and conditions of this order. DATED: 10-07- 0& 7. Other City Clerk S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\NWSP 04-016\OO.doc ~ % UI - ~ Q Q .., o 2' .~~",~"I 1("><-' \ r' , f " ~., -' r GULFSTREAM GARDENS LOCATION MAP LEGEND N w+, , ~~ Annexation Area Amendment Area o 35 70 -- 140 210 280 Feet LRC . Local Retail Commercial GC . General Commercial EXH -- ~ .- o : .... iii ~ I <?-I Ji' i II !q!1I i Ii .' iI --<:c~ -"Cc~~~_ _~ !! :;-~~-..-=. - cl ------- - ! 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II!I i:: I!l Illi'I" mil' ill!ll'; ,; I 1,,1,1 I /11111., .,1111 Ililll! l.il,IlI-1 !1,1/lil"li i! 1"I,,"1 I " '1 ill 'I'! i li,"ji11i!i,!,i1i if ,11 '1111.., 'I'l! !. I: ii : '1.111 ' . ~ ~ 't. ~ . I , .:: 1'~b'~I'~I: Pi! I iiliilii II, - .1 I ~..~ iU 'loll -.. n~. _'I,'U!'I Ii! :~ Ipl I lHil:I:III!I!III:!II'lmmi II! 1!lll 0:= ~1I11!111I1111~1 -;1 I I Illijl !Em!!! il i"l t~ll~iill ~... ~~~~~IW.l!~ I' ..,." I I " I II il.!li.! I i \ " I !! "! !Ill Ii i i :@) . "''';;Pol <lnil ;; 111I11 ':; GULFSTREAM GARDENS ~ II ! ! snA..KHM'os 1=- i", lYOf"BOYNTOHBfACH,PJ,UlBto.cHCOUNfY,n.ORlO.l.!: !J ~ ! 3 &: ASSOCIAT[S l'U_ ., . l SITE PLAN ~"C.rtJllcot. of ...uth..r-lao.,on No. LeS4S6 .. 3410 _ Md......._ M..~~ _. n. na.~ l'tI: U4-IO-Un . r.u, '54-713-4754 ... . .. ..,. Illillllil!ii!ifij' i.I!!I'li.jij!lil!111 '"Ii 1'1 ',.., 11!I!lJII\I,I! lilt ,lIt( .Ili I 1./ 'J1!i illl ! nl! !. [I .I!! ' i ,I I I 1i.1; 91 " Ii ! 'f!.J. ,I , ! !i'1 II iI ! !II, I , II ' I h J I :~@ "V~i ~ITB ~--~ j ~ l- ", )> i i I j f I ! il ~ ~ i _ i M i i . ~ . ;; ~ IS . ~ ~ . i a iI if i:,li~G~i~~ a!MI~al!ii~O~~llIeilll!~!~' ]" <., " ... '" hplllHHi(11 i'l I" ~Iill I ' i;i~~li~li~i Ii I! I i ~d 1IIIi!I~I!!'I!11 ""'" -gll.""iml"III'" " I.'I,P'I' rr tv r 'III" 'II ;; i", dlllll :; ;!I~I~ '1111'" , , . " . , . . , , . III Ll:~~ a~~1l~g8,_q <.." ,,<.. <." Ii "PIUWUIHI,I!lWlillllllfllllflli!li~!1 IIIIIIK !I1j1l1l1i1U11 ! 1m I, !i'I' P II ! PI II ! I 'II!I I /In./! II ! Ir~I!~! I I II q I, II I I i Illillill!!1 " Ill, .,! , . II ,",II' I II! \I.! !Ii' !H d ~ }i~ "I!i] . i i,ll; . ih I - ! tti pi~lni~ i i~:J i Ht Hi i~ ni~ i: l ::IJ::; ii: jj ;;:1: ,:: J~'~~~J-~ ~~~~ t .'. . t t t t ~ I~ i i (J~ ~ J I {E ~~ u~'""'""'"~i"I !iij~~~I,I, ~."~H:& ~f~; I'i III jil' Gulfstream Gardens ~ '" ~ '" Boynton Beach, Florida H & T Development Co. tfilj!liiJlilljljji j!JI,'lf.illl!l!fll hillll'lli III I1HiUUi1j lilf Ii i' fill ; " Ii ! {I fil'.! !, i ill i , ll! t' ; ! !i;l f I il ! I iii! j i II EXHIBIT B :~@ I ~ ! ~ 11~'il!III"1 !EH; 1 I ~ q !1~!;!fli~i~I.,lm'iil; I' ~ w I '11i,'IR", " , , ., ~ , \ 1 .r'u,. ::::::; :: I , 0 . " . , , 0 , 'i ' , ", - , o' , 'Hf I~ri I;';~ U ;, ~.N i !;~!;ij !;~i;~ijU' [I i i1l111 II ~ Pill IHI~Hf !hiff II! Ii ~ Hr 0 1 H~11 /~ I ! ~ i q," . Ii. I t;i q;i H i H~; l ~p~ ~~!;' ~~ j[ P!;'''lo' ii i1! ~~ l;; ;;, ;; oj i ~., ~.. 'I'. ::~ ;, 'l.o; '1';; :C"I;; ~.. t- :i; E;;~JiJ~c eii ,., < .<: ,h'.< >;< , ..~ ':itJ ............ ~~ Ii li~t.'&~!l.&~ lilll)' Gulfstream Gardens Boynton Beach, Florida H & T Development Co. m~ ,- ." I ~ I '" ~ f ~ Ii, i ! i! ;; ~ i . i ~ i i ~ = ~ ; ;; 11 I 8 ~ Ii!' jj ii f I;ltE;Illtt a~MJ~~iIlJ'~:;~~~~~2~2il!" ! <. " <. - " <-<.. liplllRUi!11 j"II' 'Iii I I ' j ;t;i;'ili~li~i ii I! lillilliiiliIli"il h !i I' -"""1 1',II!I'Ii,il!J!.l!111 'II I'll', " !ill!llli~I'! Il!\ :III! .llll! IiI, Ii ill ll!l ~ i Ii , I 11',= i, I' !l, I l H!, ,I ! i lild HI ! Ii',! j PI :~@ I!PI,"I!I!!'llm ,; l' t,," 11,~r-I'I'~':!!.lf;;' ~~. " ,.'Ii :,' " ,. tv cl .\11','1",1:1 11 i .'" 8 n l :: .. ~I~ III~ . "v,..V "~B '" ~ ~ l- " r '" ~ ~ ._~ " , II ;; f . B . - ~ ~ - J r I . l J ~ a <1 ~ Ii Q 3 gill ...... "-" <.." Ii III ililllilllHU H WI'III /111 il illillU 9 K'lIln !fljllIllDHII , I~/I~ I !ll 1" il" II q 1', hili!! 111!11f II ,Irqll" I I II ql II II I I l 'II liilllil Ill; " i - 111'1 fll III !I'l' III 1.1!j . . i l~il if ~ 'I' ,-' - ! n11'il/111111 ; 11l/IWIl/lIIIl/1I j : ~ : :.J : : i ; i : i i j i : I; : J :: ,~{~~~-~ ~~~~ ~ ~ ~. . f ~ f. '1111 ,i iHi~~!i~iJ I {~I '._l"l"'.-.... 1 ~ 1 ,......J .'1. l\- , l'j III jil' Gulfstream Gardens Boynton Beach, Florida H & T Development Co. i:i :'i '" ~ !" i x :iji ~o o < m ill I) 11 P ~ Z " ~ , !; , : I : I II I . II . I .:i1 \ ~ I r J !ItDG&.\4.':~=~1l ~l=;;&. 8 II ! III II ! ill II n If! l'l! !Ii I ! I I I! I ! ~ i' -. .. ~ ij'~ I II II Ii I II If! I ..~ I : I :., II I d I I <F= II I., I I II I il/ll!!1: fill:!!; ! ! !!iiill EXHIBIT B ~f-1 r Ie d ~~I _ r 1m ~ :-~ ~ u '" z "!' ~. - li,1 lq i jl! ~ f'~ 1"- ! '1 , ~ f-"l r ~ 'z ,~ lrn 'r m i\ ~ (5 z [~ I \ "-- c, ! !; 'I PROJECT,GULFSTREAM GARDENS TSENG CONSULTING GROUP. INC. "Ir' ~~~i iii< I~~~ q BOYNTON BEACH, n.omDA ,. ':J'IJ OWNER :THE HOUSING GROUP. INC. ARCHlTEC"l'URI: . ENGINEERING . PlANNlHG I' ., , " H & T DEVELOPMENT co., L.L.C. 21 N.E. 166th STREET, "IAIlI, FLORIDA 33162 II l~frJi 2499 GLADES ROAD" SUITE 210 TEL: (305) 945-4474 FAX: (305) 945-1613 Il'i!111 . BOCA RATON, P'LORIDA 33431 AA-00031116. EB-0006522 . IB-OOOlO96 ~ TEl: (661) 392 2004 "AX: (561) 392 2094 ~= ;> _-L~l.J",-L --. ~, """""""" "'-0<>6.....,'.="""'11 ~-,~~.."...,~)I> () " ! ! Illl ! III I ! ! ~ 'I" !, I II ! i ~ J fJ -< ~ ffl ~ ~ ~ ., m i i!! I! I I ,-- -. -. i H ~~ Ill!! I!Hi ," jl Ii ! P Ii i II E1GtJEl0GGEI@]EJGG 11111111 I i IIi! III ~ II Iii i I \! I li!i ~ , Il I !; III 0, i I I i II ~ . I \' I -, -j l> -, 'lJ -I rn rn "'''' '" A}- '~" zUJ 'hi l>c mlllm -1- ~~~ rnU' "!~" ~~~ilJOz =t;j ~ ('\ . 0 U' 11 ,~ !i ~. 'C~_~ OJ __I' J ~JJJ _-_1 " i1l " " m ,- m < " c' o z =9' ___- _ 1 _ l_~JJJ u ~ PROJECT,GULFSTREAM GARDENS BOYNTON BEACH, FLORIDA ~ OWNER :THE HOUSING GROUP, INC. H & T DEVELOPMENT CO., LL.C. 2499 GLADES ROAD., SUITE 210 BOCA RATON. noRmA 33431 TEl, (561) 392-200<(. FAX: (fi61) 392-2094 TSENG CONSULTING GROUP. INC. J!~~!jl' ARCllITECTlJRE' ENGINEER1NG' PLANNING II" ~"~r 21 N.K t66th STREET. MIAMI. FLORIDA 33162 1r l..f'j; TEL: (305) 945-4474 FAX: (305) 945~1613 Jil"llill AA-0003166. EB-D008522 . ffi-000101ltl ~ } Ii Ir~ ~t I~\I ~~. . . ) ~-L-~_ >R~ z II' 0 'H'~ H r~ ~i I! Ii " P .~ ~, ~, el.n>o>,w.'............n a..o.:...''''''''_1J,b,. p I Jill! 1lIlP H ~! ~! 'II II i ' ;! , I! ! ! I ! I ! . -- , , ,Ii I I I II II Ii i ~ ;! :jl I ' P I; ! I EJ13BtJEJElG88 E18B 11 , I , IIi' i 'Iii Ii 1 ~ Ill! 1,,1 II I ,ll Ii ~ "I I I' II ' ~ I I II m j i Ii . Ii -j - -... .., '" '" -< -l-i-j-i-l-t --0 -{ -(-(~-( -( m u~~u I ~ """" ro- o ~ ~ ~ ~ :: ~~~~~! ~ i~ it~u!u! r tJ z (;) ~~~ 1> ill 1> '" m r m ~ , ~ -~ , " 'I PROJECT:GULFSTREAM GARDENS TSENG CONSULTING GROUP, INC, "ffi"" 1llln~i i > ii ~ BOYNTON BEACH. FLORIDA ';":1;11 ,s~ OWNER :THE HOUSING GROuP. INC. AReHITEcTuRE . ENGlNEERING . PlA}INlNG t. 1"1 ' ~ I H & T DEVELOPllENT CD., L,L.e. 21 N.E. t66th STREET, MIAMI. FLORIDA 33162 1'[c1Jr i 2499 GLADES ROAD.. SUlTI: 210 TEL: (305) 945-4474 FAX: (305) 945-1613 1,'ilIll pOCA. RATON, noRmA 33431 TEl: (561) 392-2004 FAX: (581) 392-2094 AA-000.3166. EB-0008522 . W-OOOI096 ~~~ "::1/ \, EXHIBIT B . \ ~ '~. ,- Ii ir~ --. --_.~_.--- e> " ~ '~... " I~ BBB08E1 868GB!" I i Illi~!! III! !!.;II % Ii j!""P - i d i 11111'1 Iii ~ I ! i' I I- iiI I I I I '" j I . 0 r" 'I PROJECT, GULFSTREAM GARDENS TSENG CONSULTING GROUP. "m"" ~i~a ~.~ ~i I! BOYNTON BEACH, FLORIDA INe ,. ':I'lj OWNER :THE HOUSING GROUP, INC. ARClII'TECt'URE' ENGINEERING' PlANNING I' ., "~-- ,"j . " "I ,I H & T DEVELOPMENT CO.. L.L.C. 21 N.E. t66th STREET. MIAMI. FLORIDA 33162 if 1,llt; q!~ 2499 Gu.DES ROAD., SUITE 210 TEL: (305) 945-4474 FAX: (305) 945-1613 ~l{tlitj\ BOCA RATON. FLORIDA 33431 T~l /!'ifl1\ :192-2004 FAX, (561\ 392-2094 AA_OOD3166. EB-0006522' 1B-0001096 ~ II II II II ., ~ n g; Q . iii II II I q t ~ ij ~ ~ L.i"t }. 'I" 0 ',H , ,Iii ~ \U~ <I> Pll ~ I - -: l' t=-:--~"-- """--- ._='j ,,",'_r ------- ,~:;:!'. 1.~. . ill ~ ~ \, H Ii I I t-- .. -+- . ""i ---~--- ----,,_----.!':-~~- . \ ~ ~ ~ . \ il.....:; illl i~ i i /1, Pll Pi · i 1111 I! I q, > > , / pnlll1pq EXHIBIT "C" Conditions of Approval Project name: Gulfstream Gardens File number: NWSP 04-0]6 Reference: 2nd review revised plans identified as a New Site Plan with a Julv 12. 2005 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Genera] Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of pennitting, show all proposed off-site improvements required X for this project. The northbound left turn lane appears to go further south than depicted on the plans. Additional detail is required for off-site work. 2. The provided plans do not show improvements required by staff. For instance X two (2) I I -foot wide lanes and a dedicated southbound left turn lane on Old Dixie Highway are to be constructed for this project and to accommodate traffic movements into the southwest development driveway. The typical section for Old Dixie Highway should include curb and gutter, sidewalk, and associated drainage in keeping with the more urban developments being proposed for this area including Gulfstream Gardens. Provide a letter of credit or some other form of surety acceptable to the city to guarantee the construction of the new roadway for Old Dixie Highway, provided that the construction begins within five (5) years of the issuance of the final certificate of occupancy (CO) for this project. If construction has not begun, the surety will be returned to the developer. 3. Relocate the parking in front of the Recreation area in accordance with X Engineering Standard Detail K-8 (Parking Area-Restricted Parking Area.) As proposed, vehicles would be able to back directly into oncoming traffic entering the development from Federal Highway, creating an unsafe situation for the traveling public. ENGINEERING DIVISION Comments: 4. The medians on Federal Highway have existing irrigation and plant materia] X belonging to 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 revised COA 09/08/05 2 I I DEPARTMENTS INCLUDE REJECT notice in your comments response and add a note to the appropriate plan sheets with the above stated information. ---- ~ 5. Provide additional detail for the proposed landscaping changes proposed for X the Federal Highway medians and wen as its impact on existing bushes and shrubs. The proposed narrower median win require new landscaping details. Reuse of existing landscaping may not be appropriate depending on the final median confilmration. 6. Fun Drainage Plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 win be required at the time of nermittin!!. 7. Paving, Drainage and Site details win 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: 8. Palm Beach County Health Department permits will be required for the water X and sewer systems servin!! this nroiect (CODE, Section 26-12). 9. Fire flow calculations win 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-I6(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 expected demand. II. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26~33(a). 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. COA 09/08/05 3 DEPARTMENTS INCLUDE REJECT 13. The 8-in. line in Old Dixie Highway ultimately ties into a 6-in. main west of X the FECRR. A tie into this line and the 8-in. line on the southeast comer of the project will not provide the required fire flows. Tie (loop) the proposed main to the 8-in. main on the east side of Federal Hwy. or extend the main north (along the west side of Federal Hwy.) to tie into the new main being placed for the Bayfront and Oceanside developments. 14. Provide an analysis of Lift Station #413 to determine its capability to service X this project, and any upgrades necessary. A replacement lift station may be required. 15. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 16. All utility construction details shall be in accordance with the Utilities X 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: 17. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2001 FBC, Table 600. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 200 I FBC, Table 600. 18. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 19. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act Title 24 CFR, Part 100.205, Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall comply. 20. To properly determine the impact fees that will be assessed for the one-story X recreation building, provide the following: a. Will the recreation building be restricted to the residents of the entire project COA 09/08/05 4 I I DEPARTMENTS INCLUDE REJECT only? b. Will the residents have to cross any major roads or thoroughfares to get to the 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 ofthe 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 recreation building. 21. 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. 22. 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. 23. 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) 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 of the land. b. The full name of the project as it appears on the Development Order and the Commission-approved site plan. c. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. d. The number of dwelling units in each building. e. The total amount being paid. (CBBCO, Chapter 1, Article Y, Section 3(1)) - COA 09108/05 5 DEPARTMENTS INCLUDE REJECT 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. PARKS AND RECREATION Comments: 26. 198 units@ $771.00 each = $ 152,658.00. X FORESTER/ENVIRONMENTALIST Comments: 27. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Shade trees, Palm trees, Shrubs & Groundcover. On the landscape plan), indicate the total quantities for all proposed native plant material. 28. The irrigation system design should be low volume water conservation using X non-portable water. 29. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 30. Trees should have separate irrigation bubblers to provide water directly to the X root ball (Chanter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 31. Approval of the site plan is contingent upon approval of the accompanying X request for master plan modification (MPMD 05-0 II). 32. A unity of title may be required. The Building Division of the Department of X Development will determine its applicability. 33. All building elevations, including the clubhouse should indicate paint X manufacturer's name and color codes (Chapter 4, Section 7.D.). 34. The height of the wall may not exceed six (6) feet in height (Chapter 2, X Section 4.L). Also, the decorative caps should not exceed seven (7) feet in height. COA 09/16/05 6 I II DEPARTMENTS INCLUDE REJECT 35. At the time of permitting, revise the elevation to indicate the mean height and X the neak height of the camorts on the elevations. 36. Indicate that the fence proposed around the pool/clubhouse area, would be X Preen at the time of permitting (Chapter 4, Section 7.D.). 37. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. 38. The developer states that no solid-roof enclosures are permitted. X Homeowners would be permitted to "screen-in" the concrete slabs underneath the second story balconies. - ----- 39. In order to ensure proper maintenance of the landscaped areas at the rear of X each unit, staff recommends that they be maintained by the Home Owners Association or protected as such In the Home Owner's Association documents, so that no individual property owner removes any of the required nlant material along the nerimeter or within the interior of the PUD. --- 1--------- 40. The plans show a IO-foot wide landscape easement is proposed along the X north property line of the abutting property to the south. The intent is to plant trees within this easement on the property to the south. These trees would not be counted within the subject property's plant list tabular data. This would require coordinated efforts on behalf of both property owners. At the time of permitting, the developer would have to execute an easement with the property to the south for placement of the buffer trees. In the event this does not occur, staff recommends that the applicant install the trees within the south landscape buffer of the subject propertv. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: .- ~------ Comments: 41. Comment #3 has been satisfied through granting of waiver from the X Engineering Division. ADDITIONAL CITY COMMISSION COMMENTS: f---- Comments: 42. To be determined. ~" MWR!sc S:\Planning\SHAREo\WP\PROJECTS\Gulfstream Gardens\NWSP 04-0 16\COA.doc