Minutes 01-17-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, JANUARY 17, 2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cheraf, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Dr. Solomon Rothstein - 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Bob Ensler
Mayor Taylor called the meeting to order at 6:31 p.m. Due to a conflict, Dr. Rothstein could not
attend. Reverend Rick Riccardi, Police Chaplain, gave the invocation followed by the Pledge of
Allegiance to the Flag led by Commissioner Ensler.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor suggested changing the order of the presentations to accommodate the legislative
delegates as they arrived. There was no objection to the suggestion.
2. Adoption
Motion
Commissioner McCray moved to adopt the agenda. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ferguson thanked Don Fenton for his five years of service to the Community
Redevelopment Agency (CRA) having been a pioneer with the Board and offering his financial
expertise. The other Commission members concurred.
Commissioner McCray informed everyone there would be a Home Buyer's Fair on Saturday at
the Hester Community Center from 10 a.m. to 2 p.m. sponsored by the Community
Development Center (CDC) and the City of Boynton Beach.
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Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
(Taken out of order)
8. Presentation of a $1,711,312.50 grant award from Florida Communities
Trust to the City of Boynton Beach by members of the State Legislature
that assisted in the purchase of the Jaycee Park site.
9. Presentation of a $200,000 grant award from the Florida Recreation
Development Assistance Program (FRDAP) to the City of Boynton Beach
by members of the State Legislature to fund the development of the
Jaycee Park site.
A representative from Senator Jeff Atwater's office presented a check to Mayor Taylor in the
amount of $200,000 for the development of Jaycee Park. She mentioned the City has received
over $1.7M in Florida Communication Trust contributions and that Senator Atwater and his staff
looked forward to helping the City of Boynton Beach in the future.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
1. Heritage Festival - February, 2006 -- Month-long celebration of Black
History Month that informs the public of the ties that bind the African-
American community together through the enjoyment of arts, education
and pride in African-American accomplishments and heritage.
SCHEDULE OF EVENTS
DATE
February 1 & 2
Two Shows Ni htl
February 4
February 12
EVENT TIME
WALKER BROS. CIRCUS
5:30 .m. & 7:30 .m.
Academic Contest
9 a.m. -- Noon
Art in the Park
Noon -- 3 .m.
Soccer Tournament
5 .m. -- 9 .m.
Awards Ban uet
Book Fair
Soccer Tournament
5 .m. -9 .m.
LOCATION
Wilson Park
Civic Center
Museum Lawn
Hester Center
Februa 18
Cafetorium
St. John Missiona Church
Hester Center
February 19
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Wayne Segal, Public Affairs Director, reminded the audience that February was Black History
month and the Heritage Fest celebration included a jazz concert to be held on Ocean Avenue on
February 26. Mr. Segal outlined the other activities also being held throughout the month.
Mr. Segal announced the Oceanfront Concert Series would commence Friday, January 20th, on
Ocean Avenue featuring the Lew Singer band from 6 p.m. to 9 p.m.
C. Presentations:
1. Proclamations:
a. Four Chaplains Sunday - February 5, 2006
Mayor Taylor read the Proclamation designating February 5, 2006 as Four Chaplains Sunday
and presented it to Thomas Kaiser of the Veterans of Foreign Wars.
2. Presentation by the City Manager recognizing the top three City
employees for their fund raising efforts during the 2005 Heart Association
campaign.
Mr. Bressner reported the City employees have contributed over $177,000 over the past six
years to the American Heart Association. Again this year Boynton Beach was the number one
team in the Palm Beach area raising $25,000 in donations after having donated $7,000 to the
Hurricane Katrina Fund. Terry Corcoran of the Boynton Beach Police Department was the
number one walker for not only the City of Boynton Beach, but also Palm Beach County having
raised $7,120.69 by herself. Mr. Bressner applauded her for her efforts and presented her with
a gift certificate for her personal use. Bill Bingham was recognized as the number two fund
raiser having raised $2113. In addition the Fire Department sponsored a take over of Bru's
restaurant raising over $7,000. Mr. Bressner came in third, having raised over $1,000. He
thanked the entire City staff and the Commission for their support.
3. Presentation by the City Manager of the Employee of the Year Award to
Lt. Ray Altman.
Mr. Bressner presented Lt. Ray Altman with the Employee of the Year Award for his efforts on
the restoration of the media affairs vehicle he restored with students at South Tech. The vehicle
had already been utilized during Hurricane Wilma.
4. Presentation by Recognition Team Chair, Virginia Shea and co-Chair,
Cathy McDeavitt recognizing the 4th quarter D.I.S.C. award winners;
Carisse LeJeune, Sherri Claude and Jim Hart.
Ginny Shea of the Recognition Team recognized the fourth quarter D.I.S.C. award winners
fulfilling the recognition team goal that no contribution would go unnoticed. Carisse Lejeune,
an Administrative Assistant in the City Manager's office was the October winner and Sherri
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Claude, Assistant to the Director of Recreation and Parks was the November winner. Jim Hart
of the Utilities Department was the December winner. He was unable to attend to accept his
award. Ms. Shea pointed out the Recognition Team would continue their work in 2006 and
thanked the Commission and City Manager for their support of the program.
(Taken out of order.)
10. Presentation by Senator M. Mandy Dawson of a $200,000 grant award
from the Florida Department of Environmental Protection under the
Florida Recreation Development Assistance Program (FRDAP) to the City
of Boynton Beach to fund the renovations to the Wilson Park site and
pool area.
The Chief of Staff for Senator Mandy Dawson offered the Senator's apology for being unable to
attend the meeting. She presented a check for $200,000 to fund the Wilson Park and indicated
the Senator and his staff were pleased and honored to represent the City of Boynton Beach.
Mayor Taylor extended the appreciation of the Commission and the City of Boynton Beach for
Senator Dawson's efforts in making the funds available.
5. Presentation by Wayne Segal of certificates of appreciation to students
from Boynton Beach Community High School who participated in
constructing sets that were to be used for the "Pirates of the
Intracoastal" event.
Mr. Segal, introduced Kathy Perry, Principal of Boynton Beach High School and 11m Sachse, the
Construction Technology teacher at the High School, who undertook the project of building sets
for the "Pirates of the Intracoastal" event. Hurricane Wilma cancelled the event; however, the
sets will be used for the upcoming "Medieval Faire" and the rescheduled "Pirates of the
Intracoastal". Mr. Sachse introduced the four students who represented over one hundred
students that had worked on the project. Mayor Taylor presented each of the students with a
certificate and thanked them for their work.
Commissioner McCray mentioned to Ms. Perry several of the advisory boards had openings for
student participants and he encouraged her to enlist students to fill those positions.
6. Presentation by Mark Hansen, Palm Beach County School Board Member,
regarding the harassment prevention program including a bullying
prevention program for Boynton Beach schools.
7. Presentation of invitations and brief performance by the cast and crew
members of the Boynton Beach Medieval Faire to be held at Jaycee Park
on January 28 and 29, 2006.
Members of the cast from the Boynton Beach Medieval Faire invited the Commission and all
interested parties to attend and enjoy the merriment.
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8. Presentation of a $1,711,312.50 grant award from Florida Communities
Trust to the City of Boynton Beach by members of the State Legislature
that assisted in the purchase of the Jaycee Park site.
(This item was addressed previously in the minutes.)
9. Presentation of a $200,000 grant award from the Florida Recreation
Development Assistance Program (FRDAP) to the City of Boynton Beach
by members of the State Legislature to fund the development of the
Jaycee Park site.
(This item was addressed previously in the minutes.)
10. Presentation by Senator M. Mandy Dawson of a $200,000 grant award
from the Florida Department of Environmental Protection under the
Florida Recreation Development Assistance Program (FRDAP) to the City
of Boynton Beach to fund the renovations to the Wilson Park site and
pool area.
(This item was addressed previously in the minutes.)
11. Presentation by the Veterans Advisory Commission requesting support for
the concept of memorializing I-95 as "P.O.W. IM.LA. Memorial Highway".
Thomas Kaiser, Chair of the Veterans Advisory Commission, reviewed the background of
memorializing major highways in New York and New Jersey. He handed out information on the
program. Mr. Kaiser reported the cost to the City of Boynton Beach would be the cost of 12
poles for six signs within the City of Boynton Beach, along I-95. Representative Hasner was
reportedly addressing the issue on the state level. Consensus of the Commission was reached
and the City Attorney was directed to prepare an appropriate resolution.
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>
Nancy Hogan, 37 Hibiscus Way, Ocean Ridge, a taxpayer in Boynton Beach owning
property at 646 Snug Harbor Drive, addressed the hurricane debris remaining at the Gulfstream
project. Ms. Hogan distributed pictures of a piece of roofing that had come off of the project
and blown over to the Ocean Ridge side of the Intracoastal. Other pictures illustrated the
amount of debris that had flown off the project. Ms. Hogan noted there was still a significant
amount of debris remaining that should be hauled away. She asked for the safety of the
children waiting for the school bus and the appearance of the area if someone could evaluate
the site. Mayor Taylor agreed with Ms. Hogan and pointed out the debris along the state
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highway, US 1, was collected by virtue of a state contract awarded to one company. The City
of Boynton Beach was not allowed to collect the debris along the major artery. As for the
Gulfstream Lumber site, Mayor Taylor reported Code Compliance were diligently working to get
the entire site cleaned up.
Sherri Predmore, 622 South Road, a public school teacher, and a property owner behind
the Sunshine Carwash on Federal Highway indicated conditions at the Carwash have gotten
progressively worse. The property at North Road and Federal Highway looks very bad since the
boat dealership left the corner. She asserted the Carwash runs twenty-four hours a day, seven
days a week including loud music, screeching tires, gunshots and drug deals. Sleeping is
difficult for her family and she makes complaints on an ongoing basis. Trash from the Carwash
has been thrown onto her property on a daily basis. Ms. Predmore asked if the businesses have
specific hours they are allowed to operate. She requested the Carwash be closed at 10 p.m.
and a fence be installed and closed after hours so crime, prostitution and loud music would be
prohibited.
Mr. Bressner suggested the business license be reviewed by staff relating to hours. Ms.
Predmore was led to believe the business was grandfathered in and there were no restrictions.
As a citizen, Ms. Predmore had reported the crimes and gone to court to testify in an attempt to
deal with the conditions. She commended the police for always responding to her calls, but the
establishment has deteriorated drastically near million dollar homes. She felt property values
and quality life issues were being jeopardized. Although she did not want the business to close,
she felt courtesy hours would be appropriate.
Commissioner Ensler added there are rules dealing with sound. He inquired if Code Compliance
had been contacted. Ms. Predmore replied she has contacted everyone over the years to assist.
Commissioner Ensler asked for a copy of the police calls for the Carwash property.
Art Matthew, 1262 Gondola Court, Chair of the Golf Course Advisory Committee,
announced the Board had unanimously recommended the current 27 holes remain intact
permanently for the use of all golfers and not be considered for any other purpose.
Debbie Lytle, 1700 SW 14th Avenue, remarked she was interested in greenways and public
recreational areas particularly in the Quantum Park area that have not been maintained. She
requested the Commission develop something in the City owned area along Quantum Boulevard
and consider dedicating a bike path in honor of a man who had been murdered while biking in
the area. Ms. Lytle volunteered to work with the City on the project.
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
IV
Mayor
II
III
McKoy
Taylor
McCray
Ferguson
Adv. Bd. On Children & Youth
Adv. Bd. On Children & Youth
Adv. Bd. On Children & Youth
Adv. Bd. On Children & Youth
Alt
Art
Reg
Reg
1 yr term to 4/06 (2) Tabled
1 yr term to 4/06 (2) Tabled
1 yr term to 4/06 (3) Tabled
1 yr term to 4/07 (3) Tabled
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Vice Mayor McKoy, Commissioner McCray and Commissioner Ferguson tabled all their
appointments due to lack of candidates. Mayor Taylor tabled his appointment due to lack of
applicants.
Mayor Taylor
Cemetery Board
Alt
1 yr term to 4/06 (2) Tabled
Mayor Taylor tabled his appointment due to lack of an applicant.
Mayor Taylor
IV McKoy
Code Compliance Board
Code Compliance Board
Alt
Alt
1 yr term to 4/06 (2) Tabled
1 yr term to 4/06 (3) Tabled
Mayor Taylor tabled his appointed due to lack of an applicant.
Mayor Taylor
Community Redevelopment Agency
Reg 4 yr term to 1/10 (2) Tabled
Mayor Taylor moved to appoint Stormet Norem as a regular member of the Community
Redevelopment Agency. Commissioner McCray seconded the appointment. Motion passed
unanimously.
Mayor Taylor
Education Advisory Board
Alt
1 yr term to 4/06 (2) Tabled
Mayor Taylor tabled his appointment due to lack of an applicant.
III
Ferguson
Library Board
Alt
IV
McKoy
Employees' Pension Board
Reg
1 yr term to 4/06 (2) Tabled
3 yr term to 4/08 (3) Tabled
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. CommissionlCRA Workshop -- November 29, 2005
2. Agenda Preview -- December 30, 2005
3. Regular City Commission -- January 3, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve the purchase of two (2) 125 KW replacement generators from
a's Power Systems, Ocala, FL for the Utilities Department wellfield, by
piggybacking the Town of Longboat Key Bid #lFB-05-006-0-2005/GW in
the amount of $79,450.00 or $39,725.00 each.
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2. Approve a piggyback of Jacksonville Electric Authority Bid#WCS-123-00
with Insituform Technologies, Inc. of Jacksonville, FL to reline
wastewater pipelines adjacent to the "The Crossings" in the amount of
$98,500.00. (Table to 2/7/06)
3. Approve a piggyback of Palm Beach County Bid#05-074MP to Way Cool
Playgrounds of Delray Beach in the amount of $49,932.77 and to
Contract Connection, Inc. of Jacksonville Beach, FL in the amount of
$25,354.92 for a total expenditure of $75,287.69 for playground
equipment and outdoor furniture for two areas of City.
Commissioner Ensler pulled item B.3 for discussion.
4. Approve a piggyback RFP#04-14R of Tamarac, FL for Medical Billing
Services with Advanced Data Processing, Inc. (AD PI) of Miami, FL for
professional technical and workforce assistance for the ALS transport
billing program. This service receives a percentage of account collections
(7%). No immediate expenditures are anticipated at this time. A review
of our current billing practices and historic collections by ADPI has
provided an estimate of revenue increases on the order of $150,000 to
$200,000 per year. (Proposed Resolution No. R06-023)
5. Approve a piggy-back to Palm Beach County School Board Bid# 05C-10C
to Simplex Grinnell of Miramar, FL to monitor and repair the Fire Alarm
System at various locations throughout the City in the amount of
$28,098.49. (Proposed Resolution No. R06-024)
C. Resolutions:
1. Proposed Resolution No. R06-025 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Bernard Naekel for the property at 804 Bamboo Lane, Delray
Beach, FL. (Unincorporated Palm Beach County)
2. Proposed Resolution No. R06-026 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Banyan Cay LLC for the property at 1061 Highland Rd,
Lantana, FL. (Ridge Grove Lot #63)
3.
Proposed Resolution No. R06-027
Florida League of Cities key priority issues.
RE: Adopting the
Commissioner Ensler pulled item C.3 for discussion.
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4. Proposed Resolution No. R06-028 RE: Approving and
authorizing execution of an agreement with the South Florida Water
Management District (SFWMD) to accept a $500,000 grant for the
installation and development of one (1) Floridan Aquifer test well and
two (2) Floridan Aquifer dual-zone monitoring wells.
Commissioner Ensler pulled item C.4 for discussion.
5. Proposed Resolution No. R06-029 RE: Approving and
authorizing execution of Grant Agreement between the City and State of
Florida, Department of State, Division of Library and Information
Services, for the expansion project of the Boynton Beach City Library to
secure the grant amount of $500,000.00.
6.
Proposed Resolution No. R06-030
Plan recommendations.
RE: Approving Pay
Commissioner Ensler pulled item C.6 for discussion.
D. Ratification of Planning & Development Board Action:
1. United Way of Palm Beach County, Inc. (MSPM 05-010) Request for
a major site plan modification to construct a one-story 5,000 square foot
office building adjacent to the existing 16,393 square foot office all on
6.22 acres zoned PID.
Commissioner Ensler pulled item D.1 for discussion.
2. Bellamy Heights (ZNCV 06-001) Request for relief from the Land
Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a
minimum lot frontage of 60 feet to allow a minimum lot frontage of 57
feet (a variance of 3 feet), and requiring a minimum lot area of 7,500
square feet to allow a minimum lot area of approximately 6,850 square
feet (a variance pf 650 square feet) for a proposed single-family
residence within the R-1-A Single-Family zoning district. (Not heard by
the P&D; to be postponed to the January 24, 2006 P&D meeting
and February 21, 2006 City Commission Meeting)
Mayor Taylor noted item B.2 had previously been tabled to February 7th and could not be
approved unless it was removed from the table. Mr. Bressner preferred the item remain on the
table until February 7th.
Also, Mayor Taylor noted item D.2 had to be returned to the Planning and Development Board
and should remain on the table.
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E. Ratification of CRA Action:
None
F. Accept the written report of purchases over $10,000 for the month of December
2005.
Motion
Commissioner McCray moved to approve the items on the consent agenda with the exception of
those having been pulled or tabled. Commissioner Ferguson seconded the motion. The motion
passed unanimously.
B.3 Approve a piggyback of Palm Beach County Bid#05-074MP to Way Cool
Playgrounds of Delray Beach in the amount of $49,932.77 and to Contract
Connection, Inc. of Jacksonville Beach, FL in the amount of $25,354.92 for a
total expenditure of $75,287.69 for playground equipment and outdoor furniture
for two areas of City.
Commissioner Ensler suggested future budget commitments warranted caution in spending. He
recommended the $25,354.92 be approved and the other contract be tabled for further review.
Jody Rivers, Park Superintendent, advised the equipment to be installed next to the Civic Center
was a mixture of park furnishings to replace the current furnishings that are over ten years old.
The play equipment at the same location is to replace the equipment removed several years
ago and not replaced. She noted there are 65 children in after school programs at the Art
Center every day. Due to safety issues the children cannot cross the street to the Kid's
Kingdom behind the Museum. Commissioner McCray was in favor of approving both issues for
the use of the children and avoid any legal ramifications if something were to occur.
M~oo .
Commissioner Ensler moved to approve the $25,354.92 for Laurel Hill Park. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
Motion
Commissioner Ensler moved to table the $49,932.77 contract. Mayor Taylor seconded the
motion for discussion. He confirmed the money was in the Recreation and Parks budget.
Mayor Taylor asked for clarification on the number and ages of children participating in the after
school program. Ms. Rivers reported approximately 65 elementary age children participate.
The motion failed 1-4 (Mayor Taylor, Vice Mayor McKoy, Commissioners McCray and Ferguson
dissenting.
Motion
Commissioner McCray moved to approve the $49,932.77. Commissioner Ferguson seconded
the motion. The motion passed 4-1. (Commissioner Ensler dissenting.)
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C.3
Proposed Resolution No. R06-027
League of Cities key priority issues.
RE: Adopting the Florida
Commissioner Ensler asked if the City Manager was comfortable with the obligations that would
be imposed on the City of Boynton Beach. Mr. Bressner confirmed he was in agreement with
the obligations in the draft resolution.
Motion
Commissioner Ensler moved to approve item C.3. Vice Mayor McKoy seconded the motion.
The motion passed unanimously.
C.4 Proposed Resolution No. R06-028 RE: Approving and
authorizing execution of an agreement with the South Florida Water
Management District (SFWMD) to accept a $500,000 grant for the installation
and development of one (1) Floridan Aquifer test well and two (2) Floridan
Aquifer dual-zone monitoring wells.
Commissioner Ensler asked the City Manager to report on this item since it involves drinking
water for the City of Boynton Beach. Mr. Bressner referred any questions to Mr. Peter Mazzella
or Mr. Kofi Boateng of the Public Utilities Department.
Pete Mazzella, Deputy Director of Utilities, agreed the grant involved a very important project.
He reported the first well site was located next to the Boynton Beach Tennis Center just west of
WXEL TV and radio station. The monitoring well is completed and currently undergoing final
testing. Two zones are being tested. The drilling rig will be moving in about one month to test
site two in Quantum Park on City owned property, adjacent to the E-4 canal. Another dual zone
monitor well and a test production well will be done to aggressively pump the acquifer and
determine not only the quality but also the quantity issue. The grant is for $500,000 on a
reimbursable basis.
Commissioner McCray questioned if the first well site would interfere with the boundless
playground being constructed in the same area. To Mr. Mazzella's knowledge it would not be a
problem. Commissioner Ensler commented at the present time all of south Florida uses water
from the same acquifer and during times of drought the supply becomes limited. Population
growth and increased water use could result in salt water intrusion into the water supply. The
new wells and water supply should place the Boynton Beach water system and its citizens in a
much better position in the future.
Motion
Commissioner Ensler moved to approve item CA. Commissioner McCray seconded the motion.
The motion passed unanimously.
C.6
Proposed Resolution No. R06-030
recommendations.
RE: Approving Pay Plan
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Commissioner Ensler pulled the item for comment by the City Manager addressing his concern
on the finances of the City. Mr. Bressner responded the recommendations were from the
consultants who were present if needed. The proposed salary ranges will bring the City back to
competitive salaries for all positions. The study, which took a year, clearly showed the salaries
were behind comparable agencies. In an effort to retain good employees and recruit employees
the ranges had to be adjusted. Funds for an increase have been budgeted for the current fiscal
year. Over the three year period recommended to implement the changes, the total cost would
be $5.4M. For years two and three the amount will be added to the base and discussed as
part of the budget year. The second year is $1.5M and the third year is $1.7M. Mr. Bressner
recommended moving forward so the salary ranges can be in competitive ranges.
Commissioner McCray requested confirmation the City was 17% below the median. Mr.
Bressner replied in the affirmative and felt the study would correct that with the modifications.
Commissioner McCray emphasized the City has lost many good employees and the
recommendations should be implemented.
Attorney Cherof clarified the resolution simply adopts the study and does not implement the
adjustments. The budgeted adjustments will be phased in by administration and increases for
members of collective bargaining units will not receive any increase until the respective union
completes the bargaining process.
Motion
Commissioner Ensler moved to approve item C.6. Commissioner McCray seconded the motion.
Vice Mayor McKoy inquired what procedures were in place to ensure the ranges did not fall
behind again. Mr. Bressner purported a study should be done every three years at a minimum.
It is in the work plan for the Human Resources Department. The analysis did give the
methodology for adjustments using the benchmark positions established. Mr. Bressner
speculated there may be monies allocated in next year's budget for a consultant to verify the
second year increment.
Herb Suss, Wood Fern Drive, agreed the salaries should be brought into alignment;
however, he questioned why consultants were needed to gather the information required from
other municipalities. He was concerned if other projects would be delayed to compensate for
the monies needed to cover the salary increases. Mr. Suss also asked how much the study cost
the City of Boynton Beach. Mr. Bressner replied the study cost approximately $60,000. He
explained the Commission had approved the cost in the budget feeling it was important to have
an external review of the pay plan. A consultant would have access to data and methodology
that the City staff mayor may not have.
Mayor Taylor further explained employee retention was a factor that had to be addressed as
soon as possible. The hope was to bring the pay plan up to 75% of other localities within the
three year time period. He cautioned other municipalities would also increase their ranges and
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the process will be ongoing to stay competitive. Also, the employees requested an independent
study. Mayor Taylor indicated the monies will come from the tax dollars.
Debbie Lytle, 1700 SW 14th Avenue, complimented the Commission and City for doing the
pay study. She contended subsidized salaries, car allowances, vacation packages, management
packages, and cell phones were not included in the study. Ms. Lytle felt accountability was
needed throughout the City. She maintained the pay study appeared to have been internally
influenced when it recommended upgrading 80 positions including 25 management level
positions. Further study should be done to bring more balance to the increases for fairness,
according to Ms. Lytle.
Mayor Taylor pointed out an appeal process is available for all pay grades. Commissioner
McCray added the Commission had been aware of her concerns and had requested the City
Manager to address those issues.
The motion passed unanimously.
D. Ratification of Planning & Development Board Action:
1. United Way of Palm Beach County, Inc. (MSPM 05-010) Request for
a major site plan modification to construct a one-story 5,000 square foot
office building adjacent to the existing 16,393 square foot office all on
6.22 acres zoned PID.
Ed Breese, Principal Planner, reviewed the request for a major site plan modification. The
addition to the plan would be connected to the existing building by means of a breezeway. The
landscaping would be improved to conform to the current Code requirements.
Mayor Taylor opened the matter to the public. No one coming forward, Mayor Taylor closed
the public audience.
Motion
Commissioner Ferguson moved to approve item D.l. Commissioner McCray seconded the
motion. The 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 PUBUC HEARINGS IN rrs DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Rapido Rabbit Carwash (COUS 05-004)
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Agent:
Owner:
Location:
Description:
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Boynton Properties, LLC, Anthony Pugliese III
East side of Congress Ave; approx. 275 feet north of SW 30th Ave.
Request for Conditional Use and Site Plan approval for a 4.595
square foot automated car wash facility and related site
improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled
to 2/7/06)
Motion
Commissioner McCray moved to remove item VIlLA from the table. Vice Mayor McKoy
seconded the motion. The motion passed unanimously.
Attorney Cherof announced the Vice Mayor would not be attending the February 7th meeting
and the applicant had requested a continuance to February 21st.
Commissioner Ensler asked if a date certain had been set for the submission of all the needed
data from the applicant.
Mike Rumpf, Planning and Zoning Director, reported the applicant had responded to the
questions raised including a report from the acoustical consultant. Commissioner Ensler
remained concerned that all data be submitted by a date certain to allow review by all parties.
Commissioner McCray felt if the information was not submitted by the next meeting the
Commission should still move forward. Mayor Taylor recounted the previous discussion
regarding a recommendation by staff for denial if all the needed data had not been received.
The onus remains on the applicant to satisfy the questions raised by staff to make a
recommendation. Mayor Taylor felt the issue should be resolved on the 21st regardless of the
information provided. Commissioner Ferguson agreed with Mayor Taylor.
Motion
Commissioner Ferguson moved item VIlLA. be tabled to February 21, 2006 as a date certain.
Commissioner McCray seconded the motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Analysis of Water Capital Improvement Fees
Kofi Boateng, Director of Public Utilities, reported the user fees support the maintenance and
operation activities of the Public Utilities Department as well as funds from the Capital
Improvement Fees. The monthly fee charged to customers funds the day to day operations,
repairs and outstanding bond issues.
(Commissioner McCray left the dais at 7:52 p.m.)
Mr. Boateng explained the Capital Improvement Fees cover any increases or expansion needs
of the system. Those costs are absorbed by future customers who directly benefit from the
increases.
14
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
(Commissioner McCray returned to the dais at 7:54 p.m.)
Reservation fees are a subset of the capital improvement charges assessed against new
developments to reserve capacity to meet the development's consumption of water according
to Mr. Boateng. Every three to five years a rate study has been undertaken to review all the
charges assessed to the customers. Population projections are considered along with the status
of the entire system and the need for repairs or replacement. The last rate study was
commissioned in 2003 and completed in April of last year based on the capital improvements
envisioned by the Utilities Department at that time. Subsequently the Department has
embarked on a rigorous review of the capital improvement plans to justify the items included in
the program. The population validation should be submitted with the final results by the first
week in March. Mr. Boateng submitted the information would be included in the capital
improvement plan and reviewed for any changes required. Approximately two more months
will be needed to complete the study and bring it back to the Commission.
Commissioner Ensler asked if there is any expectation to increase the capital fee. Mr. Boateng
replied the preliminary studies suggest an increase may be needed. Commissioner McCray
inquired why the rate study had been prolonged and was due diligence achieved. Mr. Boateng
felt the time frame was a normal progression for the type of study and due diligence was
followed. He speculated the results would be brought to the Commission in July since another
three months would be needed after the population study was completed and reviewed. Mr.
Bressner interjected the Commission had requested staff complete its own localized population
anaylsis delaying this study by six months.
Commissioner Ferguson asked how much of the City's potable water was covered by the
contract with the County. Mr. Boateng clarified the contract is for a maximum of 5M gallons a
day and 2M gallons has been the average used representing 10%. Commissioner Ferguson
also inquired what proportion of the total potable water is used outside of the City of Boynton
Beach. Mr. Bressner submitted about 30% of the customers are outside of the City limits so the
usage may be as high as 35%. The non-City users are mainly residential properties although
there are some small commercial areas.
B. Follow-up on CRAICommission Planning Workshop held November 29, 2005
Mr. Bressner briefly reviewed the result of the workshop and the follow up by staff to meet the
deadline for the Development of Community Affairs.
Dick Hudson, Senior Planner, pointed out the large scale comprehensive plan amendments are
very limited. The first text amendment allows an increase to 20 units per acre in the R-3 zoning
districts. Currently only the coastal area uses special high density. The language needs to be
changed to allow the increase City wide to address the affordable housing goals. The second
text amendment relates to adding the area around Woolbright Road between the FEe Railroad
and I-95 as a target area as suggested in the 20/20 Plan. The INCA amendments will require a
large scale amendment since it is larger than 10 acres and the change will be low density
residential. It may be appropriate for the Community Redevelopment Agency to request
15
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
changes to the Federal Highway Corridor Plan to include the INCA amendment. Finally the new
mixed use zoning districts will need to be rewritten so it is not dependent on the frontage,
rather location. Mr. Hudson indicated this would be a local code change and not required to go
to the Development of Community Affairs. The other areas proposed to be changed are less
than 10 acres. The extension of mixed use south of Woolbright will also require changes in the
Federal Highway Corridor plan.
Mayor Taylor asked if the R-3 is limited to 20 units an acre. Mr. Hudson responded density
cannot be added; however, another district could be written and added. Mayor Taylor's
concern for more density related to the ability to provide affordable housing units at 20 units an
acre. Mr. Hudson noted greater height would result in compatibility issues. Mr. Bressner
clarified R-3 currently is set at 10.8 units per acre and the proposal allows 20 units per acre
provided affordable housing units were included in any R-3 development. The suggestion is to
also expand the change to City wide and not restricted to the Community Redevelopment
Agency area.
Commissioner Ensler wondered if consideration of a minimum height in any zoning district has
been studied. Mr. Hudson did not feel minimum heights would be appropriate.
Commissioner Ferguson asked if the number of units and retail can be hypothetically
determined. Mr. Bressner professed that analysis had been done and the cumulative change
proposed by staff shows a net reduction in all areas of 3,447 units for a maximum allowed units
of 14,484. He stressed 2,000 of the units were in the INCA area making it the major area of
reduction by dropping the mixed use designation. Staff viewed the overall density and it was
determined the density should be lowered somewhat.
Mayor Taylor understood more population was needed to support the already approved mixed
use projects. Staff is now proposing a reduction in housing units. Mr. Bressner acknowledged
hard choices would need to be made. He declared to achieve the commercial development
called for in the Heart of Boynton Plan along MLK Boulevard, the density is not sufficient. The
residents do not favor an increase in density which would result in a lessening of the
commercial activity in the area. The proposed retail node along Boynton Beach Boulevard
would serve the Heart of Boynton area. Neighborhood based and convenience based retail
would be all that would be allowed along MLK Boulevard.
Lisa Bright, Community Redevelopment Director, announced the interim report by Mr. Kohn had
just been received and the numbers are exponentially different than originally discussed. She
contended the possibility of Scripps coming to south Palm Beach County was not a factor in
November. Boynton Beach would be the city poised to address some of the housing needs for
the 50,000 professional and paraprofessional employees. Mr. Bressner cautioned to submit the
data to the Development of Community Affairs, at least three of the recommendations would
have to be moved forward quickly.
James Baretta, 74 Baytree Lane, a member of Community Redevelopment Agency and an
architect, agreed with Mr. Bressner the three issues need to move forward and the conclusion
16
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
of the study should not impede their progress. His interpretation of the incomplete progress
report indicated a need for 3,000 new units and not a reduction of 3,447. This would suggest
6,000 units would need to be added in other areas of the City other than INCA.
Quintus Greene, Development Director, suggested there was a flaw in the major premise and it
should be narrowed to which comes first, the residential or retail. The premise would be retail
follows rooftops. A study beginning with how much retail is needed would be flawed from the
onset because the residential has to come first. Mr. Greene concurred with Mr. Bressner that
the residents were opposed to increased density. He also stressed the Heart of Boynton Plan
did not include very much retail along MLK Boulevard. The traffic count, income levels and
density do not justify any large retail in the area. Mr. Greene asserted large retail could be
located along Boynton Beach Boulevard and Seacrest and be in close proximity to the same
area as staff has recommended.
Consensus was reached by the Commission to proceed with the three items that need to move
forward for filing with the Development of Community Affairs.
x. FUTURE AGENDA ITEMS:
A. Award the "TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES"
Bid #009-2110-06/JA, to Staffing ConnectionslAction Labor, for an estimated
annual expenditure of $261,000.00. (Proposed Resolution No. R06-001)
(Tabled on 01/03/06)- February 7,2006
B. Report on City's potential help and other governmental entities for "at-risk"
citizens during declared emergencies - February 2006
C. Update on City's position on minority contracts - February or March 2006
D. Amend the Parks Dedication Code ordinance to modify the review time line -
February 2006
E. Development of performance criteria for City Manager's Evaluation - February
2006
F. Capital Improvement Budget Review - February 28, 2006
G. 2005 Hurricane After-action Report and Recommendations - February 28, 2006
H. Report from the Pension Consultant - February 28, 2006
1. Ordinance on Adult Entertainment - March 21, 2006
J. Requirement for underground utility lines for all new development - April 2006
17
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
K. Cellular 911 Dispatch - May 2006
L. Regulations on Improper Weapons Use - March 2006
Commissioner McCray asked if all the items slated for February would in fact be ready to
proceed. Mr. Bressner reported items C. and D. should be moved to March and all other items
scheduled for February should be ready for consideration.
Vice Mayor McKoy asked for more detail on what was to be presented in connection with the
minority contract item. Mr. Bressner related changes had been made in 1999 and a couple of
options would be to go to the complete program or model an outreach program. Comparative
information was being compiled. Vice Mayor McKoy inquired if creating a minority program was
the objective. Mr. Bressner confirmed and the policy choice for the Commission would be either
the full fledged statutory minority contracting program or provide an outreach program for
minority and women based enterprises. Vice Mayor McKoy felt comparisons with other cities
would be good. Mr. Bressner agreed the current notification is not as good as it should be and
ought to be tightened.
XI. NEW BUSINESS:
A. Status Report on the potential of establishing a policy for affordable housing
within the CRA.
Attorney Cherof opined the Commission is empowered under the Home Rule Act and the Florida
Constitution to implement affordable housing if desired. There are no legal restrictions to
implementing affordable housing as a preliminary step. The legal concerns are the component
parts and safeguards to protect it from any challenge. Another component is whether or not
the City can apply an affordable housing policy to houses in the Community Redevelopment
area. Attorney Cherof advised the policy could apply to specific areas or City wide. Code
amendments would need to be done to establish an affordable housing program in either
general regulations or land development regulations would need to be enacted. A
corresponding amendment to the Code dealing with the Community Redevelopment Agency
would need to be modified also. After researching ordinances nationwide, Attorney Cherof
cautioned a significant number of policy decisions would need to be made. A summary of
issues was distributed to Commission members for their review. Attorney Cherof summarized
the Commission is empowered to implement an affordable housing policy, it can be done City
wide, and it can override provisions or policies of the Community Redevelopment Agency. On
the other hand, there would many policy decisions to be made and Attorney Cherof suggested a
task force be established to understand the perspective of all parties.
Mayor Taylor suggested a workshop be scheduled. Mr. Bressner advised a workshop had been
scheduled for February 22nd. Commissioner McCray wanted to know if a specific definition had
been found. Attorney Cherof asserted the definitions are regional in nature and the
Commission would not be bound by any established definition.
18
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-073 RE: Approving the
declaration of a local "Housing Emergency," with a means of allowing for
the temporary placement of FEMA travel trailers and mobile homes on
private property in the City.
Attorney Cherof read Proposed Ordinance NO. 05-073 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. 05-073. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
2. Proposed Ordinance No. 06-001 RE: Annexing a
3.166 acre portion of a 5.47 acre project. (Gulfstream Gardens Phase II
ANEX 05-004)
Attorney Cherof read Proposed Ordinance NO. 06-001 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. 06-001. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
3. Proposed Ordinance No. 06-002 RE: Amending the
Comprehensive Plan Future Land Use Map from General Commercial
(GC), Local Retail Commercial (LCR) and Commercial High Intensity (CH)
(Palm Beach County) to Special High Density Residential. (SHDR)
(Gulfstream Gardens Phase II LUAR 05-012)
Attorney Cherof read Proposed Ordinance NO. 06-002 by title only.
19
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
Motion
Vice Mayor McKoy moved to approve Proposed Ordinance No. 06-002. Commissioner McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
4. Proposed Ordinance No. 06-003 RE: Rezoning from
C-3 Community Commercial and (CG) Commercial General (Palm Beach
County) to Planned Unit Development (PUD). (Gulfstream Gardens Phase
II LUAR 05-012)
Attorney Cherof read Proposed Ordinance NO. 06-003 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. 06-003. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
a. Gulfstream Gardens Phase II (NWSP 05-028) Request for
new site plan approval to construct 110 townhouse units,
recreation amenities and related site improvements on a 5.47
acre parcel in the Planned Unit Development (PUD) zoning
district. (Tabled on 1/3/06)
Motion
Commissioner Ferguson moved to remove item XII.A.4.a. from the table. Commissioner
McCray seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to approve item XII.A.4.a. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
5. Proposed Ordinance No. 06-004 RE: Annexing a
4.456-acre portion of a 7.402-acre project. (Palm Cove ANEX 05-005)
20
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
Attorney Cherof read Proposed Ordinance NO. 06-004 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. 06-004. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
6. Proposed Ordinance No. 06-005 RE: Amending the
Comprehensive Plan Future Land Use Map from General Commercial,
Local Retail Commercial (City) and Medium Residential-5 and Commercial
High/5 (County) to Special High Density Residential. (Palm Cove LUAR
05-014)
Attorney Cherof read Proposed Ordinance NO. 06-005 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. 06-005. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
7. Proposed Ordinance No. 06-006 RE: Rezoning from
C-3 Community Commercial, C-4 General Commercial (City) and RM
Residential and CG General Commercial (County) to PUD Planned Unit
Development. (Palm Cove LUAR 05-014)
Attorney Cherof read Proposed Ordinance NO. 06-006 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. 06-006. Commissioner
McCray seconded the motion.
Vote
21
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
City Clerk Prainito called the roll. The motion passed 5-0.
8. Proposed Ordinance No. 06-007 RE: Abandoning the
southwest corner of Lot 6 of "Killian's Park"; thence east, along the north
right-of-way line of Miller Road, a distance of 450 feet. (Palm Cove ABAN
05-008)
Attorney Cherof read Proposed Ordinance NO. 06-007 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. 06-007. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
a. Palm Cove (NWSP 05-031) Request new site plan approval to
construct 121 fee-simple townhouses, recreation amenities and
related site improvements on 7.402 acres in the Planned Unit
Development (PUD) zoning district. (Tabled on 1/3/06)
Motion
Commissioner McCray moved to remove item XII.A.8.a. from the table. Vice Mayor McKoy
seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to approve item XII.A.8.a. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
9. Proposed Ordinance No. 06-008 RE: Amending the
Comprehensive Plan Future Land Use Map from Local Retail Commercial
to Low Density Residential. (401 North Dixie (Olsson Property) LUAR 05-
013)
Attorney Cherof read Proposed Ordinance NO. 06-008 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. 06-008. Commissioner
Ensler seconded the motion.
22
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
10. Proposed Ordinance No. 06-009 RE: Rezoning from
C-3 Community Commercial to R-1 Single Family Residential. (401 North
Dixie (Olsson Property) LUAR 05-013)
Attorney Cherof read Proposed Ordinance NO. 06-009 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. 06-009. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
11. Proposed Ordinance No. 06-010 RE: Abandoning a
portion to North Circle Drive (aka NE 17th Avenue) and a portion of South
Circle Drive (fka NE 16th Drive) from NE 3rd Court westward to the Four
Sea Suns Condominium, Inc. complex.
Attorney Cherof read Proposed Ordinance NO. 06-010 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. 06-010. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
12. Proposed Ordinance No. 06-011 RE: Approving the
correction of Ordinance 05-034 regarding minimum side setbacks in the
R-1-AA Zoning District.
Attorney Cherof read Proposed Ordinance NO. 06-011 by title only.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
23
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-011. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
13. Proposed Ordinance No. 06-012 RE: Amending Part
II, Chapter Two, Article 12, "Veterans Advisory Commission," Section 2-
162 entitled "Organization" and Section 2-163 entitled "Board
Appointment and Membership" of the City of Boynton Beach Code
Ordinance to provide for an increase in the number of Honorary Members
on the Veterans Advisory Commission.
Attorney Cherof read Proposed Ordinance NO. 06-012 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. 06-012. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
B. Ordinance - 1st Reading
1.
Proposed Ordinance No. 06-013
quasi judicial items on agenda.
RE:
Placement of
Attorney Cherof read Proposed Ordinance NO. 06-013 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. 06-01-3. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
24
Minutes
Regular Commission Meeting
Boynton Beach, FL
January 17, 2006
C. Resolutions:
None
D. Other:
1. Approval of proposed settlement for the property owned by Frank Janots.
Motion
Commissioner Ferguson moved to approve item XILD.l. Commissioner Ensler seconded the
motion. The motion passed unanimously.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
No other matters to come before the Commission, Mayor Taylor adjourned the meeting at 9:05
p.m.
~~)J7~
missioner
?~I2(;t f1~ .~
h:::e't. ~n
'Commissioner ~
?-t~
C
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT:
Kim Glas-Castro of Ruden McClosky
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Palm Cove (Miller Road) Abandonment
APPLICANT'S ADDRESS: 222 Lakeview Avenue #800 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 3, 2006
TYPE OF RELIEF SOUGHT: Request to abandon approximately 450 feet of the Miller Road right-of-way
(Killian's Park plat).
LOCATION OF PROPERTY: On the east side of Old Dixie Highway, approximately 1,250 feet south of the
intersection of Old Dixie Highway and Federal Highway
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 Community Redevelopment Agency 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
LHAS
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.
7.
Other
DATED:
I-Iq-ofo
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd
EXHIBIT "D"
Conditions of Approval
Project name: Palm Cove (Miller Road) Abandonment
File number: ABAN 05-008)
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Approval of this abandonment request is subject to the approval of the X
accompanying request for annexation (ANEX 05-005), land use amendment /
rezoning (LUAR 05-014), and site plan (NWSP 05-031).
2. The plat contains a reverter clause, which states "reserving however, unto X
themselves, their heirs, assigns or legal representatives, the reversion or
reversions of same, whenever abandoned by, the pubic, or discontinued by
Conditions of Approval
2
DEPARTMENTS INCLUDE REJ J:,L 1
law". The adjacent property owners have been informed of the existence of
the reversionary issue. Redevelopment or expansion of the adjacent
properties following abandonment would require the property owners to
establish proof of clear title as a condition of redevelopment or expansion.
3. Provide a vehicular turn-around area at the eastern terminus of Miller Road, X
which meets Engineering and Public Work standards. However, if Palm
Beach County determines that improvements are not required, then no
modification will be needed to the current configuration of Miller Road as
depicted on the accompanying site plan (NWSP 05-031).
PUBLIC UTILITY PROVIDERS
Comments:
4. Florida Power & Light: FP&L has no objection to the above referenced X
abandonment as long as currently there are no existing FP&L distribution
facilities within the requested area. A boundary survey will need to be
provided to FP&L to determine the exact pole locations. Should FP&L
facilities exist in the portion of Miller Road requesting to be vacated, there are
two (2) options:
An easement must be granted to cover the existing FP&L facilities prior to
the right-of-way abandonment; or
The customer pays all costs associated with the removal and / or relocation of
existing FP&L facilities. It will be the customer's responsibility to provide
the necessary easement to cover any relocated facilities.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
5. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
6. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\ABAN 05-008\COA.doc
EXHIBIT B
SKETCH AND DESCRIPTION
RIGHT-OF-WAY
A PORT/OHOr 'MILLER ROAD'
"KILLIAN'S PARK"
PLA T BOOK 2J, PACE 195, PALM BeACH COUNTY ReCORDS
SCALE: 1" = 80'
LOT T ~
LEGAL DESCRIP770N: RIGHT-""OF-WAY ABANDONMENT
A PORTlON OF THE RIGHT-OF-WAY OF MILLER ROAD. AS SHOWN ON THE PLAT OF~KILUAN'S
PARK~ A9G.08DliI/(;.TO THE RLAT Tl:fEREOF) AS.RECfJRDEl) IN PLAT 800K2J; PAGE 195 OF THE
PUBUC RF.:C6RO$ OF PALM BEA9HdQfJNtxFiORI/Jift. DESP/{18ED AS FOLLOWS:
BEl:;lNiI/INqAT THE SOU7l-IWEStCORNER OF LOT 60F S/tlO~KWAN'SPARK'; THENCEEAST,
ALONG THE NORTH R/CHT-OF..-WA'Y UNEOFSAID MILLER Rb'Ao, A DisTANCE OF 450. dO FEET:
lHENCL$OVJH Q8rr:J'15" KES7; ALONG THE EASTRIGHT..-OF....WAYLlNEOF MILLER ROAo,A
DiSrAJilGE OF30.J4 FEET; 7Jlp.,CE ijtst Al.ONG mE $QUJH R/GHT;;"dF-WAYUNE ,OF MIl-LEI?
ROAD, Ii OisTANCE OF 445J9 FEET;' -mENCk NOfttH, AofSTANct OF JO:oo ~E7; To THE POINT
OF BEGlNNINC.
LEGEND:
POB
NJC
= PaNT OF BEGINNING
= PdiNT OF COAIuENCO.IENT
SURVEYOR'S. CER71F1CA JE:
i HEREs'( CERTlFYm...T THIS 'SKrteH ANDDESCRJP7TON" IS TRUE: AND
CORRECf'TQ 11!E BEST i:F UYKN()~DGE ANO 8WU. 'FlJRTHERCER11Fr
THAT '11-/1$ $J(E7CH MEETS 7HE:' MlNJMUJ( ll:P/fM<1ALsr...ain'A""" AS SFT
rOftTHBYtHt:'ftCRltil,iJdXRO iT~GN'Al .smr~ AND
/.ftJl'P&S!Ii ClfN>TER, 61(;J7-6,~ fl.fJ(f1i31.AlJ)/INIS..TIWM CODE
PURSuANT TO st:CTlCW' W-021 ~~~~f-tffl'ff.S. . . . : _
SURIlEYOR'-S NOTES:
'- HaT VALlO 'MTHOUT THE: SlGNA1/JRE: ANO ORIGINAL RAIStD
$E;4/. If it FLallj)A UCEN!;CD SVR~roR do MAPI'E!i.
2. BEARINGS SHOWN HfREON ARE RfLAT111E TO "KILLIAN'S PARK"
AS8ECfJRl)ED /II mT 8001( 23, PAGE 195. OF THEPU8UC
RECCBD$. qF PALU ~CH COVNTYFLOR/DA, AND ARE
~EFE:RRF1f TO AN ),SSUMW BEAR/NG WEAST ALONG nIE
NoRTHR/Gf/r-OF-.WAYUNE OFMIUER ROAD.
.1 THIS '5 /fOT A LANO SllRIIEY.
ABSSLUTE
SURVEYING INC.
LAND SUR~
:z,S G{)()I..s8Y 8L '-'D.
Df:Efm&0 BEACH. fl JJ~2
(95<1) .<121-<1170
UCD/SCD BUSINEss No. L86218
9-}.oS-
DATE::
BY:
ftf~~/~~-'
;c-~.J:ir.qJiliR. "'~OIIY . .- _
Pli~F:E5.,~.#. SIIIi'1ffiYoR .t N-AfPER
~~Iif:<i!S.lf!kfIOH NO: JS<I851 .
:,_-~cP{rf)JECT-_N:().:' P0759
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REMSlON
SXETGH.t DESCRIPTION
Dim
to
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-223
TO:
Chair and Members
Community Redevelopment Agency Board and City Commission
THRU:
Michael W. Rumpf
Planning and Zoning Director
FROM:
Eric Lee Johnson, AICP
Planner
:f~/,'J
(~/ '
f
DATE: December 7, 2005
SUBJECT: Abandonment of a portion of a 3D-foot right-of-way (Miller Road)
ABAN 05-008
NATURE OF REOUEST
Ms. Kim Glas-Castro of Ruden McClosky is requesting to abandon a portion of a semHmproved 30-foot right-of-way,
located on the east side of Old Dixie Highway. The subject right-of-way, named Miller Road, is located
approximately 1,250 feet south of the intersection Old Dixie Highway and Federal Highway. The abandonment
request was submitted on September 21, 2005. The portion of the platted right-of-way to be abandoned is 30 feet
in width and approximately 450 in length. It is described as follows:
A portion of the right-of-way of Miller Road as shown on the Plat of "Killian's Park", according to the Plat
thereof, as recorded in Plat Book 23, Page 195, of the Public Records of Palm Beach County, Florida,
described as follows:
Beginning at the southwest corner of Lot 6 of said "Killian's Park"; thence east, along the north right-of-way
line of said Miller Road, a distance of 450.00 feet; thence south 08033'15" west, along the east right-of-way
line of Miller Road, a distance of 30.34 feet; thence west, along the south right-of-way line of Miller Road, a
distance of 445.49 feet; thence north, a distance of 30.00 feet, to the point of beginning.
The following is a description of the land uses and zoning districts of all properties that surround the subject right-
of-way.
North -
Developed single-family homes, classified County Medium Residential (County RM-5) and
zoned County Multi-family Residential (County RM);
South -
Partially developed residential property, classified County Medium Residential (County
RM-5) and zoned County Residential Multi-family (County RM)
East
Undeveloped property, classified County Commercial High (County CH-5) and zoned
County General Commercial (CG); and
West -
Right-of-way for Old Dixie Highway, then further west is right-of-way for the Florida East
Coast (FEC) Railroad.
Page 2
Memorandum No. PZ 05-223
ABAN 05-008
BACKGROUND
Although not indicated on the sketch, the applicant has informed staff that the substandard roadway is 13,432
square feet or 0.308 acres in area. Exhibit A - "Location Map" shows the general vicinity of the roadway to be
abandoned. Approximately 260 feet of Miller Road immediately east of Old Dixie Highway would remain intact to
serve the three (3) parcels remaining on the north side of the street which are not part of the proposed 121
townhouse development called Palm Cove. The remaining section of Miller Road, approximately 450 feet in length
and running east, would be totally within the proposed Palm Cove project. Exhibit "B"- "Proposed Abandonment"
shows the exact location and dimensions of the subject site in conjunction with its legal description. The subject
right-of-way lies within the boundaries of the Killian's Park plat. The plat, originally approved on December 6,1951
(see Exhibit "C''), included 29 individual lots. The intent of this abandonment request is to integrate the abandoned
portion of the right-of-way into the design of the accompanying site plan (NWSP 05-031). Therefore, approval of
this abandonment request is subject to the approval of the accompanying request for annexation (ANEX 05-005),
land use amendment / rezoning (LUAR 05-014), and aforementioned site plan (see Exhibit "0" - Conditions of
Approval).
The Killian's Park plat also contains a reverter clause, which states "reserving however, unto themselves, their heirs,
assigns or legal representatives, the reversion or reversions of same, whenever abandoned by, the pubic, or
discontinued by law". The City makes no representation regarding the impact of the reversionary language on title
to the adjacent properties. The adjacent property owners have been informed of the existence of the reversionary
issue. Redevelopment or expansion of the adjacent properties following abandonment would require the property
owners to establish proof of clear title as a condition of redevelopment or expansion (see Exhibit "0" - Conditions of
Approval).
ANALYSIS
When a right-of-way, such as this substandard roadway, is abandoned, the ownership of the abandoned land is
transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) properties would
be affected by an abandonment request. Normally, one-half of the right-of-way is conveyed to one (1) abutting
property owner and the other half is conveyed to the other abutting property owner. In this case, the right-of-way
would be located totally within the proposed Palm Cove townhouse project. Adequate public notice was given to all
affected property owners in accordance with Chapter 22, Article III, Section 4 of the Land Development
Regulations. All public utility companies have been notified and the abandonment request has been advertised in
the local newspaper.
A summary of the responses from the utility companies and city staff is noted as follows:
CITY DEPARTMENTS/DIVISIONS
Engineering
Public Works / Utilities
Planning and Zoning
No objection
No objection
No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
BellSouth
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
Approval with conditions (see Exhibit "0" - Conditions of
Approval).
No objection
No objection
No objection
N/A
Page 3
Memorandum No. PZ 05-223
ABAN 05-008
Excluding Florida Power and Light (FP&L), all public utility providers have indicated that they have no objection to
the applicant's request for abandonment. A dedication of a utility easement would provide the necessary protection
FP&L is seeking and grant the City and other utility agencies, legal access to the property for maintenance or
upgrade purposes.
It should be noted that Miller Road is a County road and Palm Beach County was notified of the proposed
annexation of property abutting their right-of-way. The Palm Beach County Planning Division and Engineering
Division are requesting the City consider an adequate (vehicular) turn-around area at the end of Miller Road for the
benefit of the remaining homes located on Miller Road, outside the boundaries of the subject project (see Exhibit
"C" - Conditions of Approval).
RECOMMENDATION
Staff has determined that the portion of the subject right-of-way to be abandoned does not serve a public purpose,
and therefore is recommending approval of the request to abandon a portion of the 3D-foot unimproved roadway as
described above, subject to the comments included in Exhibit "D" - Conditions of Approval. Any additional
conditions recommended by the Community Redevelopment Agency Board meeting or City Commission will be
placed in Exhibit "D" - Conditions of Approval accordingly.
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\ABAN 05-008\Staff Report.doc
LOCATION MAP
Palm Cove (Miller Rd) Abandonment
Exhibit "A"
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EXHIBIT B
SKETCH AND DESCRIPTION
RIGHT-OF - WA Y
A PORTION OF 'MILLER ROAD'
"KILLIAN'S PARK"
PLA T BOOK 2J, PAGE 195, PALM BEACH COUNTY RECORDS
SCALE: 1" = 80'
LOT 15
LEGAL DESCRIP770N: RIGHT-OF-WAY ABANDONMENT
A PORTION OF 1HE RIGHT-OF-WAY OF MILLER ROAD.AS SHO~ ON THE PLAT OF "KILLIAN'S
PARK", ACCORDIN(; TO Tl-IE PLAT Tl-IEREOF; AS8ECfJRDED (N PLAT BOOK~J, PAGE 195 OF THE
PUBLIC RECORDS OF PALM BEACH COIJNTY. FLORlD,4.. DESCRIBED AS FOLLOWS:
BEGINNING A T THE SOUTHWEST CORNER OF LOT 6 OF SAID. "KIWAN'S PARK"; THENCE EAST,
ALONG THE NORTH RICHT-OF-WA Y LINE OF SAID MILLER ROAD. A DISTANCE OF 450.00 FEET;
1HENCESOIJTH 0803'15" WEST.. ALQNGTHE EASTRIGHT-OF~WAY LINE OF MILLER ROAD, A
DISTANCE OF 30.34 FEET.' THENCE ~s,r. AL,ONG THE SOIJTH RIGHT-OF-WAY UNE OF MILLER
ROAD, A DiSTANCE OF 445.49 FEET; THENCE NORTH. A DISTANCE OF 30.00 FEET. TO THE POINT
OF BEGINNING.
LEGEND:
POB = PaNT OF 8F:GJNNING
POC = POINT OF COUMENCfMfNT
SURVEYOR'S CERI1F1CA7E:
I HERalY CERTIFY TH-1 TTHlS "SKETCH AND DESCRIPTION" IS TRUE ANO
CCRRf:CTTo THE BEST OF' IIY KNOr.t.EDGf: AND BEUU. I. FURTHER CERTIFY
THATTH/S SKETCH IiffTS THF:1lltllM1JI,f~rA/IUARf)S AS SET
FORTH 8Y THE: FLORIDA BOARD OF pRC/FtSSWNAi WRIUoRs ANO
/.ftlf'PERS fH CHAPTER 61(;17-6, flOfl!!)"'-AlJ)iINI~TJWM CODE
PfJRstJANT TO SECTION -472-027, f!~~ST-rrJ1~ '.. .
~~ -. .--... ~, "
SURVEYOR'S NOTES:
1. NOT VALID 'MTHO/JT THe SIGNA TURE ANO ORICINAL RAIS!:D
SEAL OF A FLORIDA /JCCNSED Sl/R1€11lR ... MIlPI'ER.
:2, BEARINet; <;HOWN HEREON ARE Rill TlYF TO "KILLIAN''; PARK"
AS RECORDED IN f'LA T BOOK 23, PAGE: 195. OF THE PUBUG
RECORDS. ()F PM-II BEACH G()(jNTY FLORIDA. ANO ARE
REFERRCD TO AN ASSUMCD BEARING OF E-1ST ALONG TIff:
NORTH RIGHT-OF-WAY UNE OF MILLER ROAD.
~. 1HIS IS NOT A LAND SURI€Y.
ABS$lUTE
SURVEYING INC.
L~ SURI€l'O'l'S
:in:; ceasay 8L \{I.
f)fflmfl.D BCACH. FL 334-42
(95~) ~2'-~' 70
UCENSffJ BUSINESS No. L86218
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DATE: ;7 BY:
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~..~<i!S_7J!ItfIOH No.'LS4851
:.._'~ d'{f-9JECF.No.: .00759
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
OevtloPIl1&f1t
I)&Z
Building
Engln..rlng
Occ. License
Deputy City Clerk
PROJECT NAME:
Gulfstream Gardens II
AGENT:
Mr. Bradley Miller, AICP with Miller Land Planning Consultan
AGENTS ADDRESS:
298 Pineapple Grove Way Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 3, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 109 townhouse units on
5.47 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Federal Highway, approximately 14 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
/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 Applicgnt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
I-Iq-o
S:\PlanningISHARED\ WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens II\NWS
EXHIBIT "C"
Conditions of Approval
Project name: Gulfstream Gardens II
File number: NWSP 05-028
Reference: 2nd review plans identified as a New Site Plan with a November 18, 2005 Planning and Zoning
Department date stamp marking
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
2. It appears that the compactor for Phase I will also be used for Phase II. X
Adjustments to the frequency of pickup may be required to handle the
additional waste stream.
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
3. 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.
4. No off-site landscaping would be allowed without consent from the X
Engineering Division of Public Works. The proposed plant material within
the right-of-way should not be included within the plant list because it is not a
part of the property.
UTILITIES
Comments:
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.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)).
6. Add a Permanent Sampling Station on the west side of Building 26. X
7. The City's water capacity, as increased through the purchase of up to 5 X
million gallons of potable water per day from Palm Beach County Utilities,
COA
12/07/05
2
DEPARTMENTS INCLUDE REJECT
would meet the projected potable water for this project (project estimated to
require a total of 46,000 gallons per day). Local piping and infrastructure
improvements may be required, especially on the water delivery system for
the project, depending upon the final project configuration and fire-flow
demands. These local improvements would be the responsibility of the site
developer and would be reviewed at the time of permitting. Sufficient
sanitary sewer and wastewater treatment capacity is currently available to
serve projected total of 22,000 gallons per day, subject to the applicant
making a firm reservation of capacity, following approval of the site plan.
FIRE
Comments: None X
POLICE
Comments: None X
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
application.
9. 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.
10. 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.
11. 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 numberls 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)
COA
12/07/05
3
DEPARTMENTS INCLUDE REJECT
12. 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.
13. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
A A legal description of the land.
B The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
C If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
D The number of dwelling units in each building.
E The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
14. 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.
15. 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. --
16. The garage for the handicapped adaptable units shall comply with the FFHA, X
24 CFR 100.205.
17. Calculations for the percent of permitted wall openings shall be provided at X
this review stage and comply with 2004 FBC, Section 704.8.
PARKS AND RECREATION
Comments:
18. Park impact fee 108 units @ $771.00/unit=$83,268.00 X
<~'.~..i.. "to" ", "'..... 'r'';'" T ',";01'_'$'.',' "1
COA
12/14/05
4
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
19. Approval of this site plan is contingent upon the accompanying request for X
annexation (ANEX 05-004) and land use amendment / rezoning (LUAR 04-
012). At the time of permitting, indicate these two (2) applications on the site
plan tabular data.
20. The Special High Density Residential (SHDR) land use classification allows X
for up to 20 dwelling unit per acre. Based on the project acreage, the site
plan would be limited to a total of 109 dwelling units. At the time of
permitting, eliminate one (1) dwelling unit and submit a rectified site plan so
that there are no more than 109 dwelling units.
21. As part of its projected concurrency review, Palm Beach County Traffic X
Division is recommending the provision of an exclusive left-turn lane onto
the project access driveway on Federal Highway (within Phase I).
22. The existing telecommunication tower is a legally non-conforming use. As X
such, any modification or relocation of the tower shall be in conformance
with Chapter 10 of the LDR's.
23. Provide a detail of the fencing proposed around the telecommunication tower. X
An eight (8) foot fence or wall shall be required around the facility.
24. At the time of permitting, on the site plan tabular data, correct the number of X
provided parking so that it accurately corresponds with the graphic
representation.
25. At the time of permitting, provide a floor plan of the one (I)-bedroom unit. X
26. 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 this approval prior to the Community
Redevelopment Agency Board meeting.
27. All building elevations, including the clubhouse, should correctly indicate X
paint manufacturer's name and color codes (Chapter 4, Section 7.D.). The
paint details proposed on the elevations should correspond and match with
the paint swatches.
28. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
COA
01/04/06
5
II
DEPARTMENTS INCLUDE REJECT
caliper inches at the time of their installation (Chapter 7.5, Article II, Section
5.C.2.).
29. 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: Canopy
trees, Palm trees, Shrubs & Groundcover. On the landscape plan), indicate
the total quantities within each category and their native percentages.
30. The plans propose landscaped areas around the entire development. In order X
to ensure proper maintenance of the landscaped areas at the rear of 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 plant material along
the perimeter of the PUD.
31. Because there is no master landscape plan, staff recommends that the plant X
material and landscape design of Phase II be consistent with the same in
Phase I (in perpetuity).
32. Staff recommends matching the roof styles between the buildings and X
carports. The tile roof styles can either be Nordic Maple or Nordic Redwood.
33. Staff recommends substituting the emergency ingress / egress point (proposed X
at the northwest comer of the subject phase) with a third point of access to be
used by the residents only.
ADDITIOINAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
34. Condition #20 shall be revised as follows: The Special High Density X
Residential (SHDR) land use classification allows for up to 20 dwelling units
per acre. Based on the acreage, the site plan would be limited to a total of
109 dwelling units. At the time of permitting, eliminate one (1) dwelling unit
and submit a rectified site plan so that there are no more than 109 dwelling
units or a rectified Master Plan showing Phase I and Phase II combined with
no more than 308 dwelling units.
35. Add walkways from the individual units fronting Old Dixie Highway to the X
proposed public sidewalk.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
36. Condition #35 shall be revised as follows: Provide a total of 3 walkways for X
the entire project (Phase I and Phase II) from the interior sidewalk to the
COA
01/04/06
6
DEPARTMENTS INCLUDE REJECT
proposed public sidewalk along Old Dixie Highway. The walkways to be
shown on the revised Master Plan.
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens II\NWSP 05-028\COA.doc
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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:
United Way of Palm Beach County, Inc.
APPLICANT'S AGENT: Mr. Alan Strassler, Alan Strassler Architects, Inc.
APPLICANT'S ADDRESS: 8895 N Military Trail, Suite 201 D, Palm Beach Gardens, Fl 33410
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 17, 2006
TYPE OF RELIEF SOUGHT: Request approval of a major site plan modification to construct a single
story 5,000 square foot office building to accommodate United Way on
6.22 acres zoned PID - Office.
lOCATION OF PROPERTY: 2600 Quantum 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 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
x: 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.
7. Other
DATED: 1- f - Ob
S:\Planning\SHARED\WP\PROJECTS\United Way PB County\MSPM 05-010\DO.doc
EXHIBIT "C" - CONDITIONS OF APPROVAL
Maior Site Plan Modification
Project name: United Way of Palm Beach County
File number: MSPM 05-0 I 0
Reference: 2nd review plans identified as a Maior Site Plan Modification with a November 22, 2005 Planning
and Zoning Department date stamp marking.
I I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
1. Add a general note to the Site Plan that all plans submitted for specific X
permits shall meet the City's Code requirements at time of application.
These permits include, but are not limited to, the following: paving,
drainage, curbing, site lighting, landscaping and irrigation. Permits required
from other permitting agencIes such as Florida Department of
Transportation (FDOT), South Florida Water Management District
(SFWMD), Lake Worth Drainage District (LWDD), Florida Department of
Environmental Protection (FDEP), Palm Beach County Health Department
(PBCHD), Palm Beach County Engineering Department (PBCED), Palm
Beach County Department of Environmental Resource Management
(PBCDERM) and any others, shall be included with the permit request.
2. Provide written and graphic scales on all sheets. X
3. Full Drainage Plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
UTILITIES
Comments:
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 N,
Section 16, or the requirement imposed by lllsurance underwriters,
whichever is greater (CODE, Section 26-l6(b)).
5. The LDR, Chapter 6, Article N, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
COA
12/15/05
2
DEPARTMENTS INCLUDE REJECT
6. The LDR, Chapter 3, Article N, Section 3(0) requires Master Plans to X
show all utilities on or adjacent to the tract. The plan must therefore show
the point of service for water and sewer, and the proposed off-site utilities
construction needed in order to service this project.
FIRE
Comments:
7. All entrance gates to construction area shall have a Knox lock system that X
will also open in case of electrical power failure. All gates shall be a
minimum of 20 feet wide if two lane, and 12 feet wide if single lane. Fire
Department apparatus shall be able to turn into the construction site in one
turn. Turn around areas within the construction site shall be made available.
8. The construction site access roads shall be maintained free of obstructions at X
all times.
9. Any cost of damage to Fire Department vehicles because of improperly X
stabilized roads or any towing fees if a vehicle becomes stuck will be the
responsibility of the contractor. A minimum of 32 tons is required for
ground stabilization. The pouring of the foundation pad is considered
vertical construction. The roads must be acceptable before construction
begins.
POLICE
Comments: None X
BUILDING DIVISION
Comments:
10. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
11. Indicate within the site data the type of construction of the building as X
defined in 2001 FBC, Chapter 6.
12. 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 2004
FBC.
13. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every buildin,g or
COA
12/15/05
3
I n
DEP ARTMENTS INCLUDE REJECT
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.
14. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1601.2.1 and Table
1604.1. Indicate the live load (pst) on the plans for the building design.
15. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
16. Identify within the site data the finish floor elevation (lowest floor elevation) X
that is proposed for the building. VerifY that the proposed elevation is in
compliance with regulations of the code by adding specifications to the site
data that address the following issues:
A. The design professional-of-record for the project shall add the
following text to the site data. "The proposed finish floor elevation
_' _ NGVD is above the highest 100-year base flood elevation
applicable to the building site, as determined by the SFWMD's
surface water management construction development regulations."
B. From the FIRM map, identifY in the site data the title of the flood
zone that the building is located within. Where applicable, specify
the base flood elevation. If there is no base flood elevation, indicate
that on the plans.
C. IdentifY the floor elevation that the design professional has established
for the building within the footprint of the building that is shown on
the drawings titled site plan, floor plan and paving/drainage (civil
plans).
17. 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.
18. 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. 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)
19. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review.
20. Pursuant to approval by the City Commission and all other outside agencies, X
COA
12/15/05
4
DEPARTMENTS INCLUDE REJECT
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.
21. 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.
22. Indicate on the plan if the emergency generator is new or existing. Indicate X
type of fuel for generator. Installation shall comply with NFP A 110.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
Existine: Trees Manae:ement Plan X
Boundarv and Topoe:raphic Survey Sheet 2.1
23. 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 / replaced on
site. All desirable species of existing trees (esp. Live Oak, Sabal Palm) 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 sheet L-l.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.J
Plant List Sheet L-1 X
24. All shade and palm trees on the Trees and Palms List must be listed in the
description as a minimum of 12' -14' height, 3" DBH (4.5' off the ground)
not caliper, and Florida #1 (Florida Grades and Standards manual). The
height of the trees may be larger than 12' -14' to meet the 3" diameter
requirement; or any clear wood (cw) specifications. [Environmental
Regulations, Chapter 7.5, Article II Sec. 5.C. 2.J
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
COMMENTS:
COA
12/15/05
5
I I
DEPARTMENTS INCLUDE REJECT
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
1. To be determined. ~o~
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
O,velopment
paz
Blllldlng
Englnterlng
Occ:. Llcenlll
Oeputy City Clerk
PROJECT NAME:
Palm Cove (aka Miller Road Project)
APPLICANT'S AGENT: Kim Glas-Castro with Ruden McClosky
APPLICANT: East Coast Communities, Inc.
APPLICANT'S ADDRESS: 6499 North Powerline Road Fort Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 3, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 121 fee-simple townhouses
on a 7.402-acre parcel in the PUD Planned Unit Development zoning
district
LOCATION OF PROPERTY: On the west side of Federal Highway, approximately 1,250 feet south of
the intersection of Old Dixie Highway and Federal Highway.
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
J.L:.. 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
and conditions of this order.
7.
Other
DATED:
S:\PlanningISHAREDlWPIPROJECTS\Palm Cove (aka Miller Rd Project)\NWSP 05-0 lDO.doc
EXHIBIT "C"
Conditions of Approval
Project name: Miller Road Project
File number: NWSP 05-031
Reference: 2nd review plans identified as a New Site Plan with a Planning & Zoning date stamp marking of
November 16,2005.
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. On the Site and Civil plans, show and identify all necessary traffic control X
devices 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.
2. Insufficient space has been provided at the main entrance off Federal Hwy to X
permit the future placement of vehicular security gates. A minimum of 90
feet, measured from the right-of-way line, is required for stacking by Palm
Beach County, should the developer choose to have a gated entrance in the
future.
ENGINEERING DIVISION
--
Comments:
3. Add a general note to the Site Plan that all plans submitted for specific X
permits shall meet the City's Code requirements at time of application. These
permits include, but are not limited to, the following: paving, drainage,
curbing, site lighting, landscaping and irrigation. Permits required from other
permitting agencies such as Florida Department of Transportation (FDOT),
South Florida Water Management District (SFWMD), Lake Worth Drainage
District (L WDD), Florida Department of Environmental Protection (FDEP),
Palm Beach County Health Department (PBCHD), Palm Beach County
Engineering Department (PBCED), Palm Beach County Department of
Environmental Resource Management (PBCDERM) and any others, shall be
included with the permit request.
4. Show proposed site lighting on the Landscape plans (LDR, Chapter 4, X
Section 7.BA.) The lighting design shall provide a minimum average light
level of one foot-candle. The scale provided on the Photometric Plan makes
it difficult to read but it also appears that the lighting levels are excessive for a
residential development.
5. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles
along both Federal Highway and Old Dixie Highway. Interior intersections
COA
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2
DEPARTMENTS INCLUDE REJECT
may use a standard 25-foot sight triangle.
6. Indicate, by note on the Landscape Plan, that within the sight triangles there X
shall be an unobstructed cross-visibility at a level between 2.5 feet and 8 feet
above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.).
7. The medians on Federal Highway have existing irrigation and plant material 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 notice in
your comments response and add a note to the appropriate plan sheets with
the above stated information.
8. The Landscape Architect should consider replacing the Live Oaks proposed X
along roadways and at garage driveways with a tree or palm that will not pose
a vertical conflict for high profile vehicles (Solid Waste.).
9. SpecifY storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
rim and invert elevations for all structures. Indicate grade of storm sewer
segments. Indicate material specifications for storm sewer.
UTILITIES
Comments:
10. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
11. All lines shall be Ductile Iron Pipe (DIP). X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
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3
DEP ARTMENTS INCLUDE REJECT
Comments:
12. 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 503 of the 2004
FBC.
13. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table 704.8,
or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly
reflect the percentage of protected and unprotected wall openings permitted
per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. .--
14. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifying compliance with the above
code sections and the 2004 FBC, Table 503.
15. Buildings three-stori es 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.
16. 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.
17. At time of pennit review, submit signed and sealed working drawings of the X
proposed construction.
18. Add to the submittal a partial elevation view drawing of the proposed X
perimeter walVfence. Identify the type of wall/fence material and the type of
material that supports the walVfence, including the typical distance between
supports. Also, provide a typical section view drawing of the wall/fence that
includes the depth that the wall/fence supports are below finish grade and the
height that the wall/fence is above finish grade. The location and height of the
wall/fence shall comply with the wall/fence regulations specified in the
Zoning Code.
19. On the drawing titled site plan identify the property line X
20. As required by the CBBCO, Part III titled "Land Development Regulations", X
submit a site plan that clearly depicts the setback dimensions from each
property line to the leading edge of the buildings. The leading edge of the
buildings begins at the closest point of the overhang or canopy to the property
line. In addition, show the distance between all the buildings on all sides
21. To properly determine the impact fees that will be assessed for the two-story X
pooVclubhouse/recreation building, provide the following:
COA
12/1 2/05
4
DEPARTMENTS
INCLUDE REJECT
· Will the pool 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 pool/clubhouse/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 have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City a copy of their
determination of what impact fees are required for the
pool/clubhouse/recreation building.
22. Add to the floor plan drawing of the clubhouse/recreation building a X
breakdown of the floor area. The area breakdown shall specify the total area
of the building, covered area outside, covered area at the entrances, total floor
area dedicated for the clubhouse/recreation building and other uses located
within the building. Specify the total floor area that is air-conditioned. Label
the use of all rooms and floor spaces.
23. 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.
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:
· 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
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 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)
25. 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.
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:
COA
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DEPARTMENTS INCLUDE REJECT
. 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 number/s 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 1, Article V, Section 3(f))
27. Add a general note to the site plan that all plans submitted for permitting shall X
meet the City's codes and the applicable building codes in effect at the time
of permit application.
28. 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.
29. 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:
30. Park Impact Fee - 121 Single family attached units @ $771.00/unit = $93,291 X
FORESTER/ENVIRONMENTALIST
Comments:
Existin2 Trees Mana2ement Plan
Sheet LS-l
31. The Landscape Architect should tabulate the total caliper inches of trees to be X
removed from the site. The tabular data should show the individual species
of trees proposed to be removed and replaced on site. There are 7 strangler
fig trees (312 caliper inches) and 4 Pine trees (84 caliper inches) proposed to
be removed that must be replaced on the site. These replacement trees should
be shown by a separate symbol on the landscape plan sheet LS-4.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
COA
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DEPARTMENTS INCLUDE REJECT
Plant Material Sheet LS-4
32. All shade and palm trees on the Trees and Palms List must be listed in the X
description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground) not
caliper, and Florida # 1 (Florida Grades and Standards manual). The height of
the trees may be larger than 12'-14' to meet the 3" diameter requirement; or
any gray wood (gw) or clear trunk (c.t.) specifications (Chapter 7.5, Article II
Sec. S.C. 2.).
33. The landscape design does not include the City signature trees (Tibochina X
granulosa) at the ingress / egress areas to the site. These trees must meet the
minimum size specifications for trees. [Environmental Regulations, Chapter
7.5, Article II Sec. 5.C.3.N.]
34. The shrubs listed should all have a spread size. X
35. 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: Canopy
trees, Palm trees, Shrubs & Groundcover. On the landscape plan, indicate the
total quantities within each category and their native percentages.
36. 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.CA.).
37. Cypress mulch cannot be used in the City of Boynton Beach. X
38. The applicant should add a note that all utility boxes or structures (not X
currently known or shown on the plan) should be screened with Coco plum
hedge plants on three sides.
39. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of planting
to (proper scale) visually buffer the proposed buildings from the Federal
Highway right-of-way.
Irrh!ation Plan
40. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
41. Trees should have separate irrigation bubblers to provide water directly to the X
root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] .
COA
12/12/05
7
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
42. Approval of this project is contingent upon the approval of the accompanying X
request for annexation (ANEX 05-005) and land use amendment / rezoning
(LUAR 05-014).
43. Abandonment and rededication of easements must be recorded prior to X
issuance of a building permit for the project. Approval of this project is
contingent upon the successful abandonment of Miller Road (ABAN 05-008).
44. Provide a vehicular turn-around area at the eastern terminus of Miller Road, X
which meets Engineering and Public Work standards. However, if Palm
Beach County determines that the improvements are not required, then no
modification will be needed to the current configuration of Miller Road as
depicted on the site plan.
45. The traffic impact analysis must be approved by the Palm Beach County X
Traffic Division for concurrency purposes prior to the issuance of any
building permits.
46. Staff recommends incorporating decorative columns and caps into the design X
of the buffer wall.
47. Place a note on the site plan that all above ground mechanical equipment such X
as exterior utility boxes, meters, transformers, and back-flow preventers shall
be visually screened (Chapter 9, Section 10.CA.).
48. A signature tree (such as a Yellow Elder, Tibouchina Granulsola, or X
Bougainvillea) is required at both sides of each project entrance / exit. The
signature trees must have six (6) feet of clear trunk if placed within the safe-
sight triangle (Chapter 7.5, Article 2, and 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.
49. All slgnage IS subject to reVIew and approval of the Community X
Redevelopment Agency and City Commission. The subdivision
identification sign face may not exceed 32 square feet in area. Please provide
a detail showing its dimensions, sign type, exterior finish, letter font, and
letter color(s) that comply with Chapter 21, Article IV, Section 1.D. The sign
structure must be located at least 10 feet from the property line. Staff
recommends that the sign be externally lit, with vandal-proof ground up
lighting. Also, the address numbers should be located above the letters.
50. The subject site is located along Palm Tran Bus Route 1. Staff recommends X
COA
12/12/05
8
DEPARTMENTS INCLUDE REJECT
installing an upgraded shelter if a Palm Tran stop is located along Federal
Highway, abutting the subject project.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
51. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
52. To be determined. ~
MWRJelj
S:\Planning\SHARED\WP\PROJECTS\Palm Cove (aka Miller Rd Project)\NWSP 05-031 \COA.doc
LOCATION MAP
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