Minutes 03-21-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, MARCH 21, 2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Absent:
Carl McKoy, Vice Mayor
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 Mayor Taylor
Mayor Taylor called the meeting to order at 6:30 p.m. followed by an invocation given by Dr.
Solomon Rothstein, the 2nd Police Chaplain. Mayor Taylor led the Pledge of Allegiance to the
Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Requested items to be changed included the addition of introduction of new staff by Mr.
Bressner, item VLC.14 and item XILB.S to be tabled to the next meeting, and deletion of items
IX.E and XIII.A.
Motion
Commissioner Ferguson moved to table items VLC.14 and XII.B.S to the April 4th meeting.
Commissioner McCray seconded the motion. The motion passed unanimously.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda as amended. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
Commissioner McCray thanked the citizens of Boynton of Beach for the opportunity to attend
the National League of Cities conference in Washington D.C. The workshop on eminent domain
was very interesting and well attended. He was accompanied on the trip by Mr. Bressner and
Vice Mayor McKoy.
Mayor Taylor announced Vice Mayor McKoy was out of town and would not be attending the
meeting. He also expressed his pleasure in Commissioner Ferguson's return after knee
replacement surgery with the hope of a quick rehabilitation.
Mayor Taylor added he was proud of the Little League Park that was able to open and kickoff
this year's season, with the help of the Extreme Makeover Home Edition.
III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS, 8r. PRESENTATIONS:
A. Announcements:
Nancy Byrne, Assistant Director of Development, introduced William Bucklew as the new
Building Director. Mr. Bucklew reviewed his past employment and indicated he was anxious to
provide a service for the City of Boynton Beach.
Kofi Boateng, Director of Utilities, introduced Michael Low as Deputy Director and Daniel
Spooner, Division Manager. Mr. Low would be responsible for the field operations, water
treatment and laboratory operations. Mr. Spooner will be a Wastewater Division Manager for
field operations. Mayor Taylor welcomed the new employees and looked forward to utilizing
their expertise.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
a. Read Together Palm Beach County Month - April 2006
Mayor Taylor read the Proclamation and presented it to Valerie Pleasanton, Chair of the Library
Board. Valerie Pleasanton invited everyone to participate in the program.
2. Presentation by Ted Wright, Commander of VFW Post #S33S, of check to
support the Little League Fields.
Mr. Wright not appearing, the presentation was postponed.
3. Presentation by Wally Majors, Director of Recreation and Parks
Department and Jody Rivers, Parks Superintendent, regarding the
Recreation and Parks Strategic Plan and Recreation and Open Space
Element of the City's Comprehensive Plan and endorsing the Strategic
Plan.
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Wilfred Hawkins, Assistant City Manager, congratulated the Recreation and Parks Department
and staff, the Recreation and Parks Board and the citizens for their input into the Master Plan to
serve as a strategic tool for planning over the next decade. To develop the Master Plan, the
current services and operations of the Recreation and Parks Department and the future needs
of parks, services, facilities and open space were evaluated. Recommendations and
implementation plans for the future that will provide the greatest benefits to the residents are
outlined also. Mr. Hawkins reviewed the steps and processes that were taken to arrive at the
Master Plan to be developed. He noted, after the plan was presented, a resolution would be
requested to adopt the future comprehensive plan amendment.
Jody Rivers, Parks Superintendent, explained what a strategic plan involved and its importance
in providing guidance for future planning and preserving open space on a continuing basis. She
stressed the Strategic Plan ties into the recreation open space element of the Comprehensive
Plan as required by the Florida Legislature to address growth management issues. Ms. Rivers
read the Mission Statement and reviewed the methodology used to create the Strategic Master
Plan and then the Implementation Plans including realistic goals of the City. The Boynton
Beach Recreation and Parks Strategic Master Plan Executive Summary and a copy of the
PowerPoint presentation are on file in the City Clerk's office. Ms. Rivers emphasized the
accreditation process for the Recreation and Parks Department would be critical.
Commissioner McCray inquired when the last Strategic Plan had been done and Ms. Rivers
responded the Recreation and Parks Department had never completed a Strategic Plan. Mr.
Bressner pointed out there is a component for Recreation and Parks in the Comprehensive Plan.
The Master Plan being discussed enhances the Comprehensive Plan and goes far beyond.
Commissioner McCray suggested the public be given easy access to the plan also.
Commissioner Ferguson stressed the Plan and the backup compiled was one of the most
comprehensive documents he had seen during his tenure. He suggested a one page summary
illustrating how Recreation and Parks fit into the total budget picture, from the City Manager,
would be appropriate. Commissioner Ferguson also suggested the total acreage should include
the privately run parks within the City.
Commissioner Ensler concurred with Commissioner Ferguson that many developments have
their own recreation facilities and should be considered. Also, the percentage of the budget
used for Recreation and Parks should be reviewed. He also suggested culture should be
incorporated into the plans.
3. Presentation by Risk Management Department of two awards received
from the Safety Council of Palm Beach County
Chuck Magazine, Risk Manager, announced for the ninth year in a row the City of Boynton
Beach received awards; one for Worker Safety and the second for the Carpal Tunnel Syndrome
program. The rate for employee accidents has been under the national standard for the past
five years. Mr. Magazine recognized Pam Webb for keeping the costs down for Worker's
Compensation claims.
Mayor Taylor commended the Department for a job well done. Commissioner McCray inquired
if employee outreach or training was used to reduce the carpal tunnel syndrome costs. Mr.
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Magazine advised office surveys are done of work areas to assure safety is taken into
consideration in setting up any work space.
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>
Tina Smith, 15 Velaire Drive, discussed the ongoing problem for her neighborhood with the
New Alliance Church being built at the end of Hoadley Road. Overflow parking and the width of
the road have been questions brought to the Commission previously. The road has now been
widened and permits for any work have not been posted on the property. Recently, debris
from construction has been placed in front of neighboring homes and the debris piles do not fit
the City standard for pickup. Ms. Smith also expressed concern for the traffic flow in the area
with the addition of the Super Target store and a traffic signal at the end of Velaire Drive. She
requested the Commission investigate the permitting issues and site restrictions previously
imposed. Ms. Smith added a ditch had been dug along Mr. Peterson's front yard and she asked
that also be investigated.
Valerie Pleasanton, 235 SW 13th Avenue, spoke as Chair of the Library Board, addressing
the Board's concern relating to the recent retirement of Virginia Farace and her involvement
with the new construction at the Library. She reported the Board had great faith in Mr. Clark
and his ability to run the Library, but suggested Ms. Farace be retained as a consultant to
oversee the construction work. Ms. Pleasanton requested a title of Library Director Emeritus for
Ms. Farace be endorsed by the Commission, so she could continue her leadership role in many
state and regional organizations. Ms. Pleasanton also asked if consideration could be given for
a skateboard park within the City.
Mayor Taylor replied Ms. Farace had done a fantastic job for the City. He emphasized a
manager's job is to do succession training especially in light of the DROP program.
Commissioner McCray agreed with Mayor Taylor and requested the City Attorney's opinion on
the request for an honorary title for Ms. Farace.
Sunny Garcia, 1631 NW 3rd Lane, requested help for the Police Athletic League (PAL)
basketball team, 10 & under, for trips to Orlando for the state championship and to Lexington,
Kentucky for the national tournament. He explained PAL is a nonprofit organization and needs
more help from the City to continue the programs.
Mayor Taylor suggested a budget for the year be submitted by the organization. Commissioner
Ensler inquired if monies were in the budget for these types of programs. Mr. Bressner advised
the Police Department offers in-kind support and monies. Commissioner McCray suggested the
monies and budget of the organization should be reviewed, along with the amount of City
dollars given to PAL.
George Moyer, 740 NW 10TH Court, President of the Skylake Property Owners' Association,
Inc., advised a problem exists on NW 9th Way, 100 feet west of NW 10th Court with a lift station
site that had not been repaired since the hurricanes. Mr. Moyer felt the area was not being
maintained and presented a safety concern for the residents. He requested the City repair or
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replace the fencing and gate and maintain the site on a regular basis. A copy of the aesthetic
notice from the Property Owners Association, including pictures, were submitted and are on file
in the City Clerk's office.
Sergio Casaine, 13 Meadows Park Lane, commended the Recreation and Parks Department
on their presentation, but felt there was work to be done that had not yet been identified;
specifically, the Hester Park. Mr. Casaine also contended although the Chief of Police and Police
Department did support the PAL program, more resources were needed including more
facilities. He also asked the park on Meadows Boulevard be considered.
Commissioner McCray inquired if the City had any exposure with the PAL program. Mr.
Bressner confirmed the City had exposure. Commissioner McCray requested the budget for the
programs should be made available to the Commission.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (2)
IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06 Tabled (2)
I Ensler Adv. Bd. On Children & Youth Reg 2 yr term to 4/06 Tabled (3)
II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/07 Tabled (3)
Ensler Cemetery Board Alt 1 yr term to 4/06 Tabled (2)
II McCray Code Compliance Board Alt 1 yr term to 4/06 Tabled (2)
I Ensler Code Compliance Board Alt 1 yr term to 4/06 Tabled (3)
IV McKoy Community Relations Board Alt. 1 yr term to 4/06
III Ferguson Education Advisory Board Alt 1 yr term to 4/06 Tabled (2)
I Ensler Education Advisory Board Reg 2 yr term to 4/07 Tabled (3)
II McCray Education Advisory Board Reg 2 yr term to 4/06 Tabled (3)
IV McKoy Library Board Alt 1 yr term to 4/06 Tabled (2)
Mayor Taylor Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3)
All appointments were tabled to April 4, 2006.
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:
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1. Agenda Preview Conference - February 24, 2006
2. Regular City Commission - February 28, 2006
Commissioner Ensler requested on page 7 the first sentence of the next to last paragraph
should read, "Commissioner Ensler pointed out, if approved, the project would save SOO,OOO
gallons of water a day." The remainder of the sentence should be deleted and the sentence
added, "This is part of the $20M investment for a two million gallon a day return per the
Mathews Report."
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 200S-2006 Adopted Budget.
1. Approve the piggyback of the City of West Palm Beach, BID #03/04-06,
to Florida Highway Products, Inc. for the microsurfacing of roadways in
the estimated amount of $266,018.00 plus a project contingency of S%
for $8,982.00 in case the crack-fill and leveling estimate are low.
2. Approve the purchase of the necessary audio equipment for the
Commission Chambers from Troxell Communications, Inc., in the amount
of $31,S93.00 from Account #302-4101-S80-64-02.
Commissioner McCray pulled item VLB.2 for discussion.
3. Approve a piggyback of Palm Beach County contract #OSS69 with S&F
Construction, Inc. to install prefabricated replacement buildings at the
Municipal Golf Course and demolish the current three relief shelters and
range shelter that were severely damaged by Hurricane Wilma with an
expenditure of $188,472.00. (Of the $188,472, insurance will reimburse
$67,131 and FEMA will reimburse $72,978.15. The balance of
$48,362.85 will be the responsibility of the Golf Course. However, FEMA
has indicated that we can resubmit the current proposal to them since
the original proposal did not include demolition of the existing structures.
Additional allowances may be made at a later date.)
Commissioner McCray pulled item VLB.3 for discussion.
4. Approve an award for the "PAINTING OF MANGROVE PARK-EXTERIOR
PAINTING, WALKWAYS, RAIUNGS, METAL GAZEBO STRUCTURE", Bid
#017-2413-06/0D to Gustafson Industries, Inc. of Boynton Beach,
Florida in the amount of $38,SOO.00.
Commissioner McCray pulled item VLBA for discussion
C. Resolutions:
1. Proposed Resolution No. R06-057 RE: Approving and
authorizing acquisition of Commercial Condominium Units designated as
Parcels 101,102,104 and 209 within First Financial Plaza in the Ocean
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One Project with possible eminent domain, as needed. (Tabled to
4/4/06)
2. Proposed Resolution No. R06-063 RE: Ratifying a
Memorandum of Understanding between the City of Boynton Beach and
the Palm Beach County Police Benevolent Association (Lieutenants) for
the purpose of clarifying longevity benefit language.
3. Proposed Resolution No. R06-064 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 1106 Highland Rd. Lantana, FL (Ridge Grove
LTS 42 & 43)
4. Proposed Resolution No. R06-065 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 1184 Alto Rd. Lantana, FL (Ridge Grove Add No
1 Lt 303 & 304)
S. Proposed Resolution No. R06-066 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 77SS Loomis St. Lake Worth, FL. (Tropical
Terrace LT 126)
6. Proposed Resolution No. R06-067 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 7769 Loomis St, Lake Worth, FL. (Tropical
Terrace L T 127)
7. Proposed Resolution No. R06-068 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits for the property at 823 Palmer Road, Delray Beach, FL.
8. Proposed Resolution No. R06-069 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
limits for 807 Palmer Road, Delray Beach, FL.
9. Proposed Resolution No. R06-070 RE: Approving the
ratified addendums to the NCF&O Blue Collar collective bargaining
agreement for Wages, Standby and Callback and Labor Management.
10. Proposed Resolution No. R06-071 RE: Approving and
Authorizing Execution of Amendment No. 1 Task Order No. U04-S-06, for
engineering services provided by CH2M Hill for the design permitting and
test well construction of a Floridan Aquifer well field, East Water
Treatment Plant expansion, Stage 1 Project in the amount of $42,890.00.
Commissioner Ensler pulled item VLC.10 for discussion
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11. Proposed Resolution No. R06-072 RE: Approving and
authorizing execution of the Tenth Amendment to the Tower Site Lease
and Joint Use Agreement with Cingular Wireless and PBC
Communications.
12. Proposed Resolution No. R06-073 RE: Approving and
authorizing execution of Task Order No. 06-02-01 to CH2M Hill for
architectural and engineering services for the reconstruction of the
lifeguard towers at Oceanfront Park that were destroyed by Hurricane
Wilma in the amount of $14,477. (Of the $14,477, Insurance will
reimburse $8,700. FEMA has not yet determined their reimbursement)
Commissioner McCray pulled item VLC.12 for discussion
13. Proposed Resolution No. R06-074 RE: Approving and
authorizing execution of Task Order 06-01 for Landscape Services
Proposal for $14,SOO to the RMPK Group to provide landscape
architectural services for the development of a Conceptual Plan for
Quantum Park.
14. Proposed Resolution No. R06-075 RE: Approving and
authorizing execution of the Interlocal Agreement between the City of
Delray Beach and City of Boynton Beach regarding the Maintenance of
the Lake Drive Bridge. (Tabled to 4/4/06)
1S. Proposed Resolution No. R06-076 RE: Ratifying the
action of the SCRWTD Board of January 18, 2006 as follows:
a. Authorize an agreement with the lowest responsible bidder in
aggregate amount not to exceed $700,000 for Bid Package to
furnish pipe, fittings, valves, slide gates, chlorine contact tank
covers from various vendors in accordance with bid documents for
Reclaimed Water System Expansion. Cost to be split SO/SO from
each City's Capital Fund
D. Approve the use of $1,000 of Vice Mayor McKoy's Community Investment Funds
to the Boynton Regional Symphony Orchestra.
E. Approve the written report to Commission of purchases over $10,000 for the
month of February 2006.
F. Authorize the use of $2,000 of Commissioner Ensler's Community Investment
Funds to the Tomodachi Judo School.
Motion
Commissioner McCray moved to approve the Consent Agenda items with the exception of those
items pulled. Commissioner Ferguson seconded the motion. Motion passed unanimously.
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B.2 Approve the purchase of the necessary audio equipment for the
Commission Chambers from Troxell Communications, Inc., in the amount
of $31,S93.00 from Account #302-4101-S80-64-02.
Commissioner McCray commented the replacement of the current equipment has been long
overdue and commended staff for their efforts. He requested staff expedite the installation.
Motion
Commissioner McCray moved to approve item VLB.2. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
B.3 Approve a piggyback of Palm Beach County contract #OSS69 with S&F
Construction, Inc. to install prefabricated replacement buildings at the
Municipal Golf Course and demolish the current three relief shelters and
range shelter that were severely damaged by Hurricane Wilma with an
expenditure of $188,472.00. (Of the $188,472, insurance will reimburse
$67,131 and FEMA will reimburse $72,978.15. The balance of
$48,362.85 will be the responsibility of the Golf Course. However, FEMA
has indicated that we can resubmit the current proposal to them since
the original proposal did not include demolition of the existing structures.
Additional allowances may be made at a later date.)
Commissioner McCray thanked staff for reflecting the reimbursements for the benefit of the
public.
Motion
Commissioner McCray moved to approve item VLB.3. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
B.4 Approve an award for the "PAINTING OF MANGROVE PARK-EXTERIOR
PAINTING, WALKWAYS, RAILINGS, METAL GAZEBO STRUCTURE", Bid
#017-2413-06jOD to Gustafson Industries, Inc. of Boynton Beach,
Florida in the amount of $38,SOO.00.
Commissioner McCray questioned what the City would be getting for the $38,SOO and if there
was any guarantee. Mr. Bressner submitted the painting would be the pavilion area, railing and
all the exposed metal at the park area.
Dave Stump, Project Manager, related the warranty was a standard one year warranty from the
painting company. He explained three bids were received with one too low and one extremely
high. The middle bid was selected and the same company is currently doing the Kid's Kingdom
for the City.
Motion
Commissioner McCray moved to approve item VLB.4. Commissioner Ferguson seconded the
motion and commented Sterling Village has used the same contractor for many years. The
motion passed unanimously.
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C.10. Proposed Resolution No. R06-071 RE: Approving and
Authorizing Execution of Amendment No. 1 Task Order No. U04-S-06, for
engineering services provided by CH2M Hill for the design permitting and
test well construction of a Floridan Aquifer well field, East Water
Treatment Plant expansion, Stage 1 Project in the amount of $42,890.00.
Commissioner Ensler acknowledged receipt of additional information relating to the Task Order.
Motion
Commissioner Ensler moved to approve item VLC.lO. Commissioner McCray seconded the
motion. The motion passed unanimously.
C.12. Proposed Resolution No. R06-073 RE: Approving and
authorizing execution of Task Order No. 06-02-01 to CH2M Hill for
architectural and engineering services for the reconstruction of the
lifeguard towers at Oceanfront Park that were destroyed by Hurricane
Wilma in the amount of $14,477. (Of the $14,477, Insurance will
reimburse $8,700. FEMA has not yet determined their reimbursement.)
Commissioner McCray noted this item also includes reimbursement information.
Motion
Commissioner McCray moved to approve item VLC.12. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Owner:
Location:
Description:
504 SW 7th Street (ABAN 06-002)
Christine and Thomas Ruffini
City of Boynton Beach
Portion of SW 7th Street
Request abandonment of a portion of SW 7th Street abutting
residential property located at S04 SW ih Street in Lake Boynton
Estates. Abandonment consists of a shell rock stub street SO feet
in width by 120 feet in length and a total of 6,000 square feet
(0.138 acre) in area. (1st Reading Proposed Ordinance No.
06-024)
Attorney Cherof administered an oath to all those testifying and explained the procedure to be
followed.
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Ed Breese, Principal Planner, reviewed the request for abandonment and described the property
to be abandoned. None of the utilities objected to the abandonment in light of the dedicated
easements established and preserved. Staff recommended approval.
Mayor Taylor opened the issue for public comment and no one came forward to be heard.
Attorney Cherof read Proposed Ordinance No. 06-024 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-024. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
B.
Project:
Agent:
Owner:
Location:
Description:
Healing Heart Veterinary Office (MSPM 06-001)
Merrill Romanik Synalovski, Gutierrez Romanik
Nancy Keller, White Elk Enterprise LLC
226 SE 23rd Avenue
Request approval of a major site plan modification to construct a
400 square foot addition to an existing 1,200 square foot building
for a proposed veterinary clinic on a 0.106 acre parcel in a C-1
zoning district.
Attorney Cherof administered an oath to all those testifying and explained the procedure to be
followed.
Mr. Breese reviewed the request and located the property on a slide he displayed. The request
would convert the existing residential use into a veterinary clinic including remodeling, adding
square footage and a parking area. Staff recommended approval subject to the conditions of
approval submitted.
Merrill Romanik, agent for the owner, accepted all the conditions of approval.
Mayor Taylor opened the issue for public comment and no one came forward to be heard.
Motion
Commissioner Ferguson moved to approve item VIILB. Commissioner McCray seconded the
motion. The motion passed unanimously.
c.
Project:
Agent:
Owner:
Location:
Description:
Seaview Park Club (SPTE 06-002)
Andy MacGregor, Lennar Homes
Lennar Homes
1620 North Federal Highway
Request for a one-year Site Plan lime Extension for site plan
approval granted on February 1S, 200S, from February 1S, 2006
to February 1S, 2007
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Attorney Cherof administered an oath to all those testifying and explained the procedure to be
followed.
Mr. Breese identified the property and reviewed the request for extension. The following
justifications for extension were submitted:
./ Capacity reserve fees paid
./ Environmental Resource permit obtained
./ FDOT driveway permit issued
./ Contractor chosen for the project
./ Preliminary plat submitted
./ Paving, grading and drainage plans submitted
Staff recommends approval with the additional conditions that overhead utility lines be placed
underground and within 30 days of closing the remaining structure be removed.
Mayor Taylor opened the issue for public comment.
Stan Nitkowski, President of the Inlet Cove Neighborhood Association (INCA),
indicated the Association supported the extension, as all concerns of the neighbors had been
addressed.
Mayor Taylor inquired if the applicant agreed with all the conditions and the applicant confirmed
they did.
Commissioner McCray thanked the applicant for putting the electrical lines underground.
Motion
Commissioner McCray moved to approve item VIILC. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Task Order #043-2413-02/0D by CH2M Hill for design and engineering services
for Fire Station #S (Proposed Resolution No. R06-077)
Mr. Bressner located Fire Station #S as being at the corner of Gateway and High Ridge on a 9.6
acre parcel the City acquired in 2004. The goal would be to construct the Fire Station, and
Headquarters Station for servicing the northeast quadrant of the City with available expansion
to also serve the Motorola area. Plans also included moving the Communications center and
the computer operations to a secure location at the site. In conjunction with the campus,
would be a Category S Emergency Operations Center. Mr. Bressner indicated the Task Order
will provide the engineering and architectural design work for the buildings together with space
and/or site planning services for the eventual move of the Police Department to the location.
The total cost for the Task Order would be $1,479,262. The $4S,416 would be the design for
the site plan to include the police facility.
Commissioner Ensler inquired if competitive bids were solicited. Attorney Cherof replied CH2M
Hill had been selected by the Commission to design all the fire stations so each phase has been
an additional Task Order as opposed to bids. The approval of the Proposed Resolution would
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clarify the original intent that one company design all fire stations including the additional
elements of design. Commissioner Ensler expressed concern if CH2M Hill had experience with
hardened facilities.
Mr. Stump introduced Tom Orlowski and Anderson Slocum who are engineers with CH2M Hill.
Mr. Orlowski outlined the experience of his company dealing with Emergency Operations Center
sand specifically referred to the facility in Tequesta that is a hardened facility.
In regarding to funding the project, Mr. Bressner pointed out the Commission had decided to
continue the fire assessment program until it expired in 2008. In the interim, move $1.8M a
year from the fire assessment fund, previously allocated for personnel expenses, to the General
Fund, creating $SM of working capital toward construction of Fire Station #S. The overall cost
of the Fire Station and the Emergency Operations Center has been projected at $17M. The
proposal was a public service bond issue be initiated which would not incur a property tax
increase and use the proceeds from the public service revenue stream to pay for the $17M
facility.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R06-077. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
B. Regulations on Improper Weapons Use
Mr. Bressner advised, after thoroughly researching the issue, the combination of City Code
Section 1S-14 and Section 790.1S of the Florida Statutes are sufficient regulations to
prosecute. Chief Immler reported approximately 20 people have successfully been prosecuted
for this particular type offense over three years.
C. Update on City's position on minority contracts (To be moved to April 4,
2006)
D. Review local Code options for stand-by power to gasoline stations
Mr. Bressner noted several bills had been pending in the recent legislative session relating to
providing stand-by power for gas stations. Most of the bills died in committee. The current
legislative bill refers only to fuel outlets with 16 or more pumps and located within 1/2 mile of an
interstate highway of which Boynton Beach has two; Racetrack on Woolbright and the Mobil
station on Gateway. He cautioned, if only Boynton Beach enacts regulations, everyone will
come to Boynton Beach creating havoc. Mr. Bressner recommended a possible partnership with
Boca Raton and Delray to establish parallel standards. Mayor Taylor felt pressure could be
applied to the gasoline industry if they were aware that individual municipalities were separately
enacting rules and regulations, then state standards would be more conducive.
Mayor Taylor declared consensus was reached that an Ordinance on first reading only be
prepared and discussion with neighboring communities be initiated. Commissioner Ensler
suggested local gas stations be contacted to determine if installation of generators was being
pursued.
13
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
E. Review Mayor's request for a Community-Based Visioning Process (Deleted
from Agenda)
X. FUTURE AGENDA ITEMS:
A. Requirement for underground utility lines for all new development - April 2006
B. Future location options for City Hall - April 2006
C. Cellular 911 Dispatch - May 2006
D. Increasing Community Investment Funds - May 2006
E. Utility Service Area Analysis--TBD
F. Review of Recreation & Park Fees - June 2006
XI. NEW BUSINESS:
None
XII. LEGAL:
Motion
Commissioner McCray moved to remove items XILA.3.a, XILA.6.a, XII.A.B.a and XII.A.B.b from
the table. Commissioner Ferguson seconded the motion. The motion passed unanimously.
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 06-016 RE: Annexing
subject property (Southern Dance Studio (ANEX 06-006)
Attorney Cherof read Proposed Ordinance No. 06-016 by title only and administered an oath to
anyone testifying.
Mayor Taylor requested staff consolidate their presentation to cover items XILA.1, 2, 3 and 3.a
relating to the Southern Dance Studio.
Ed Breese, Principal Planner, located the subject property on a slide projection and reviewed
the changes requested. Staff recommended approval of all items with the conditions of
approval.
Bradley Miller, of Miller Land Planning Consultants, representing the applicant, indicated
they were in agreement with the staff recommendation and all the conditions.
Mayor Taylor opened the matter for public comment. No one coming forward, the Mayor Taylor
closed the public hearing.
14
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-016. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
2. Proposed Ordinance No. 06-017 RE: Amending the
Comprehensive Plan Future Land Use Map from Commercial High
Intensity (CH/8) (Palm Beach County) to Local Retail Commercial (LRC).
(Southern Dance Studio LUAR 06-006)
Attorney Cherof read Proposed Ordinance No. 06-017 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-017. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
3. Proposed Ordinance No. 06-018 RE: Requesting to
rezone from Agricultural Residential (AR, Palm Beach County) to
Community Commercial (C-3). (Southern Dance Studio LUAR 06-006)
Attorney Cherof read Proposed Ordinance No. 06-018 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-018. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
a. Southern Dance Studio (NWSP 06-001) Request site plan
approval to construct a one-story building totaling 10,000 square
feet for a dance studio and retail use, and related site
improvements on 90.92 acres zoned C-3. (Tabled to 3/21/06)
(Item removed from the table previously.)
Motion
Commissioner Ensler moved to approve item XII.A.3.a. Commissioner McCray seconded the
motion. The motion passed unanimously.
4. Proposed Ordinance No. 06-019 RE: Amending the
Comprehensive Plan Future Land Use Map from Local Retail Commercial
(LRC) to Special High Density Residential (SHDR). (Yachtsman's Cove
LUAR 06-003)
15
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
Attorney Cherof read Proposed Ordinance No. 06-019 by title only and administered an oath to
anyone testifying.
Mayor Taylor requested items XII.AA, XII.A.S, XII.A.6 and XII.A.6.a be consolidated for
presentation.
Mr. Breese located the property on a projected slide and indicated staff recommended approval
based on the following criteria:
~ Located in the Federal Highway Corridor Community Redevelopment Plan area
~ Consistent with the intent of the Redevelopment Plan
~ Meets the criteria for consideration of Land Use Amendment in the Comprehensive Plan
~ No impact on infrastructure that was not anticipated in the Comprehensive Plan
~ Consistent with the intent and regulations of IPUD regulations
~ Meets with requirements for compatibility
~ Positive impact on adjacent property values and contributes to City's economic
development.
Mr. Breese advised the applicant proposes 62 fee simple townhomes in 12 buildings on 3.3S
acres with floor plans of 1,900 square feet to 2,SOO square feet. A copy of letter regarding the
agreements between the applicant and the Inlet Cove Neighborhood Association (INCA) was
read into the record, a copy of which is attached to the minutes. Staff agreed with the
conditions outlined in the letter.
Paul Slattery, of Slattery and Associates, representing the applicant, indicated they
concurred with the items covered by the letter and the Conditions of Approval.
Mayor Taylor opened the matter for public comment
Stan Nitkowski, President of INCA, commented the Association supported the site plan and
all concerns have been addressed.
No one else coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-019. Commissioner
McCray seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 4-0.
S. Proposed Ordinance No. 06-020 RE: Rezoning from
Community Commercial (C-3) to IPUD Infill Planned Unit Development.
(Yachtsman's Cove LUAR 06-003)
Attorney Cherof read Proposed Ordinance No. 06-020 by title only.
16
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-020. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
6. Proposed Ordinance No. 06-021 RE: Abandoning a
portion of the Northeast 1Sth Place right-of-way. (Yachtsman's Cove ABAN
06-001)
Attorney Cherof read Proposed Ordinance No. 06-021 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-021. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
a. Yachtsman's Cove (NWSP 06-003) Request new site plan
approval to construct 61 fee-simple townhouse units and related
site improvements on a 3.3S acre parcel in the Infill Planned Unit
Development (IPUD) zoning district. (Tabled to 3/21/06)
(Item removed from the table previously.)
Motion
Commissioner Ferguson moved to approve item XILA.6.a. Commissioner McCray seconded the
motion. The motion passed unanimously.
Commissioner McCray thanked the developer and applicant for improving the site.
7.
Proposed Ordinance No. 06-022
Comprehensive Plan Future Land
Residential (MeDR) to Recreational.
OOS) (Wilson Center Complex)
RE: Amending the
Use Map from Medium Density
(Wilson Center Complex LUAR 06-
Attorney Cherof read Proposed Ordinance No. 06-022 by title only and administered an oath to
anyone testifying.
Mayor Taylor requested items XILA.7, XILA.8, XII.A.8.a and XII.A.8.b be consolidated for
presentation.
Mr. Breese, located the proposed site on a projected slide and reviewed the requested changes.
Staff recommended approval for the following reasons:
~ Consistent with the intent of the Comprehensive Plan
~ Consistent with the recreational designation on the Future Land Use Plan
17
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
~ Consistent with the recommendations of the Heart of Boynton Community
Redevelopment Plan
~ No impact on infrastructure that was not anticipated in the Comprehensive Plan
~ Compatible with adjacent land uses and contributes to overall economic development
and redevelopment of the City.
Mr. Breese, described the proposed site plan to include a two story community center, athletic
field, tot lot playground, picnic area with pavilions, two basketball courts, new pool, refurbished
pool building, lighted open play area and additional parking. He recommended approval subject
to all the Conditions of Approval.
Mayor Taylor opened the matter for public comment.
Herb Suss, Quail Run, asked for a figure of the total cost. Although Mr. Suss supported the
improvements he was concerned with the source of funding for all the parks and the
improvements. He complained more improvements were being done in District II than the
other districts in the City. Mr. Bressner replied the cost was $4.8M for the Wilson Center
Complex.
Mayor Taylor responded the Wilson Center has been planned for many years. The Hester
Center improvements will need to be investigated. He added the Jaycee Park is being
improved, two other parks are being developed in the southern end of the City, the Boundless
Playground is being built and the projects are being completed as the funding becomes
available.
Commissioner Ensler commented a new Capital Improvement Program has been established
encompassing a specific plan for all items coming before the Commission. Changes will occur,
but the present improvements have all been planned out.
Mr. Bressner emphasized the districts are an artificial line to provide representation for all areas
of the City. Mayor Taylor noted each recreational area is open to the entire City. Commissioner
McCray commented the Intracoastal Clubhouse is a replacement for one that had been
demolished many years ago.
Gertrude Sullivan, President of the Boynton Terrace Association, commented the work
is done for the City, not individual districts. She reiterated the Wilson Center improvements
have been promised for a considerable amount of time and encouraged the Commission to
move the project forward.
Elizabeth Jenkins, 711 NW 1st Street, stressed the area needs the Wilson Center and asked
the improvements continue.
No one else coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-022. Commissioner
McCray seconded the motion.
18
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
~
City Clerk Prainito called the roll. The motion passed 4-0.
8. Proposed Ordinance No. 06-023 RE: Approving to
rezone from Single and Two Family Dwelling District (R-2) to Recreation
(REC) district. (Wilson Center Complex)
Attorney Cherof read Proposed Ordinance No. 06-023 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-023. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
a. Wilson Center Complex (MSPM 05-011) Requesting Major
Site Plan Modification approval for park expansion and
improvements to include a 13,816 square foot recreation
community center, a light multi-purpose athletic field, playground,
picnic area, basketball courts, new swimming pool and a
refurbished pool building and additional parking on S.27 acres
zoned REC. (Tabled to 3/21/06)
(Item removed from the table previously.)
Motion
Commissioner McCray moved to approve item XII.A.8.a. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
b. Wilson Center Complex (HTEX 06-002) Request for Height
Exception approval to allow a decorative cupola on the roof of the
proposed two (2) story Wilson Park Community Center building at
a height of S2 feet, seven (7) feet above the maximum building
height limit of 4S feet in the REC zoning district. (Tabled to
3/21/06)
(Item removed from the table previously.)
Motion
Commissioner McCray moved to approve item XILA.8.b. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
Commissioner McCray thanked the Commission on behalf of the citizens for approving the
Wilson Center project.
19
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
B. Ordinance - 1st Reading
1. Proposed Ordinance No 06-025 RE: Amending Part III,
Land Development Regulations, Chapter 1, Article V, Impact Fees and
Dedications, by deleting Section 3 and adopting a new Section 3, Parks
and Recreation Facilities Impact Fee, providing for and establishing
procedures for the calculations and collections of a Park and Recreation
Facilities Impact Fee.
Attorney Cherof read Proposed Ordinance No. 06-02S by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-02S. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
2. Proposed Ordinance No. 06-026 RE: Amending City
Code of Ordinance, Section 18-13S to establish procedures for the
election of the three (3) elected Trustee positions of the General
Employees' Pension Board.
Attorney Cherof read Proposed Ordinance No. 06-026 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-026. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
3. Proposed Ordinance No. 06-027 RE: Amending Chapter
18, Article II, Section 4 of the Code of Ordinances for the City of Boynton
Beach to create Section 18-128, Entitled "Elective Benefits;" codifying the
elective benefits available to members of the General Employees' Pension
Plan.
Attorney Cherof read Proposed Ordinance No. 06-027 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-027. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
4. Proposed Ordinance No. 06-028 RE: Amending Ordinance
04-0S0, pertaining to Section 18-81 of the City Code of Ordinances,
20
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
General Employees' Pension Plan, to re-open the open enrollment period
during which current members of the General Employees' Pension Plan
may exercise a one time opportunity to purchase service credits for prior
military service.
Attorney Cherof read Proposed Ordinance No. 06-028 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-028. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
S. Proposed Ordinance No. 06-029 RE: Approving de-
annexing from the City of Boynton Beach, a parcel of land located at
2200 Lake Drive, which is not contiguous to the City. (Tabled to
4/4/06)
C. Resolutions:
None
D. Other:
1. Report on Adult Entertainment
Attorney Cherof reported the issue of restricting Adult Entertainment has been litigated
nationwide. The Boynton Beach zoning regulations were the result of federal litigation
commenced in the late 1980s, restricting adult entertainment to specific zoning districts. A re-
adopted ordinance remains in effect at this time. Currently two adult entertainment
establishments exist within the City having been grandfathered in prior to the enactment of the
ordinances. The City operates under the County regulation that deals with erotic expression
that may have a secondary impact on the community.
Attorney Cherof explained current federal case law requires a study must be undertaken that
demonstrates a causal relationship between the activities occurring in an adult entertainment
establishment and the adverse secondary effects being addressed such as prostitution, rape,
robbery, homicide and drug transaction in the vicinity. A study of this type would involve six to
eight months, at a cost of approximately $SO,OOO. Most municipalities that have attempted to
overhaul their adult entertainment ordinances have faced challenges expending $SO,OOO to
$lS0,OOO in litigation expenses. His investigation revealed no increase in criminal activity in the
areas around the two businesses in the City.
Commissioner McCray asked if the current establishments would be required to remain as they
are now. Attorney Cherof explained there are limitations on available sites and the ownership
could change, but an expansion of use would not be allowed.
Mayor Taylor declared the consensus reached was to not proceed with any changes.
21
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
March 21, 2006
XIII. UNFINISHED BUSINESS:
A. Continued Discussion of Adaptive Re-use of Golf Course and Landfill Parcels.
(Deleted from Agenda)
XIV. ADJOURNMENT:
There being no further business to come before the Commission, the meeting was properly
adjourned at 9:0S p.m.
ATTEST:
CITY' OF BOYNTON BEACH
f-J;~7C;5
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Commissioner
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22
, \
DEVELOPMENT~. ~DER OF THE CITY COMMISSIO. )F THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. license
Deputy City Clerk
PROJECT NAME: Southern Dance Theatre
APPLICANT'S AGENT: Mr. Bradley Miller, Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd., Suite 201, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2006
TYPE OF RELIEF SOUGHT: New Site Plan (NWSP 06-001)
LOCATION OF PROPERTY:
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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 ApplicaJ1t
~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: 0:3-CJ.4-0b
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December 21, 2005
Ed Breese
CITY OF BOYNTON BEACH
PLANNING & ZONING DEPARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: Southern Dance StudIo
peN 00-43.45-19-05.048-0020
Dear Mr. Breese:
This letter is to acknowledge and accept that, I the property owner, will voluntary restrict use of
property limited to C-2 Zoning District and any use that has a higher parking requirement.
Penni Greenly, Managing Member
Southern Dance Theatre, Inc.
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EXHIBIT "C"
CONDITIONS OF APPROVAL
Project name:
File number:
Reference:
Southern Dance Theatre
NWSP 06~OO I
2nd Review Plans identified as a New Site Plan with a December 27,2005 Planning & Zoning
d k'
ate stamp mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Pennits from Palm Beach County will be required for work within the Knuth X
Rd. right-of-way.
ENGINEERING DIVISION
Comments:
2. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
3. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at pennit review.
4. The provided survey does not depict an existing power line from the west X
side of Knuth road into the property for electric service. Please show all
features, including utilities, on the survey.
5. Indicate power line relocation/demolition on the site and civil plans. X
6. Show proposed site lightinp; on the site plan (LDR, Chapter 4, Section 7.BA.). X
7. Provide an Engineer's certification on the Drainage Plan as specified in LDR, X
Chapter 4, Section 7.F.2.
8. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
pennitting.
Conditions of Approval
2
DEPARTMENTS
INCLUDE REJECT
9. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Conunents:
10. All utility easements (as applicable) and utility lines shall be shown on the X
site plan and landscape plans (as well as the Water and Sewer Plans) so that
we may determine which appurtenances, trees or shrubbery may interfere
with utilities. In general, palm trees will be the only tree species allowed
within utility easements. Canopy trees may be planted outside of the
easement so that roots and branches will not impact those utilities within the
easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section
18.1 gives public utilities the authority to remove any trees that interfere with
utility services, either in utility easements or public rights-of-wav.
11. Palm Beach County Health Department permits will be required for the water X
and sewer systems servin!!: this project (CODE, Section 26-12).
12. 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)). Unless the building is to be
sorinklered, one fire hvdrant mav not meet this requirement.
13. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first This fee will be determined based upon
fmal meter size, or expected demand.
14. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12-ft. The easements shall
be dedicated via separate instrument to the City as stated in CODE Sec. 26-
33(a).
15. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy. Indicate meter(s) size on the plans so that
reservation fees may be calculated.
DEP ARTMENTS INCLUDE REJECT
16. A building pennit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
17. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be
reviewed at the time of construction permit application.
FIRE
Comments:
18. Because this will be a place of assembly greater than 1,000 square feet, and X
with more than 300 occupant load, an approved NFPA 13 Fire Sprinkler
system will be required. This system shall be monitored by an approved
central station and receive a Letter of Certification from U.L. or a placard
from Factory Mutual.
19. Show the locations of all fire hydrants, move to front of property (200' rule). X
POLICE
Comments;-None X
BUILDING DIVISION
Comments:
20. 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 conunents may not be
generated by the commission and at permit review.
21. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (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.
22. 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.
23. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
24. Add to the building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap-accessible
entrance doorls to the building. 2004 FBC, Sections 11-4.1.2, 11-4.1.3, and
11-4.3.
25. 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 pavinwdrainal!e (civil plans).
26. On the drawing titled site plan identify the property line. X
27. 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.
28. A water-use pennit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the permit
shall be submitted at the time of permit application, F.S. 373.216.
29. 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)
30. 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.
DEPARTMENTS INCLUDE REJECT
31. 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.
32. 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 pennit application at the time of application submittal.
33. This structure meets the definition ofa threshold building per F.S. 553.71(7) X
and shall comply with the requirements ofF.S. 553.79 and the CBBA to the
2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following information
must be submitted at the time of pennit application:
A. The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building pennit for the construction of a threshold
building.
B. All shoring and re-shoring procedures, plans and details shall be submitted.
C. All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best of
the architect's or engineer's knowledge, the plans and specifications comply
with the applicable fire safety standards as detennined by the local authority
in accordance with this section and F.S. Section 633.
34. Clearly show the setback for the building on the north side. X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
.
Comments:
35. The Landscape Architect should tabulate the total caliper inches of trees to be X
preserved, relocated or removed I replaced on the site. The replacement trees
should be shown by a separate symbol on the landscape plan sheet L-I.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.1
36. The applicant should show the calculated 50% native species of trees, and X
shrubs.
PLANNING AND ZONING
37. Provide a notice of concurrency (Traffic Perfonnance Standards Review) X
from Palm Beach County Traffic Engineering. The traffic impact analysis
must be approved by the Palm Beach County Traffic Division for
concurrency purposes prior to the issuance of any buildin2 permits.
Conditions of Approval
6
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be detennined. ~
S:\Planning\SHARED\ WP\PROJECfS\Southem Dance Thealre\NWSP 06-001 \COA.doc
DEVELOPMENT J~DER OF THE CITY COMMISSIO. JF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT:
Mr. Andy MacGregor - Lennar Homes
Development
paz
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Seaview Park Club
APPLICANT'S ADDRESS: 1015 N. State Road 7, Suite C, Royal Palm Beach, FL 33411
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2006
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The 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:
D:; -C). t/-O b
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE\DO.doc
E; 'lllJit 'A' - Location _ hdp
o
I
100
200
400
600
800
I Feet
..'
s
LENNAR
Qualll\ '(11m Jllfl;':'lh
EXHIBIT B
February 3,2006
Michael W. Rumpf
Director of Planning and Zoning
City of Boynton Beach
Development Department
Planning and Zoning Division
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33425
Re: Seaview Park Club - Request for Extension of Site Plan Approval
, :1
!" FEB
I 2006
---..---.-.,(.. .'
..----- .I
Dear Mike,
As you are aware, site plan approval for the above project was granted by the City Commission on
February 15, 2005. Lennar Homes, Inc. has been diligently working to secure all necessary governmental
approvals to allow construction of this community to begin as soon as possible. Despite our best efforts,
however, it appears that we will not have secured a building permit from the City of Boynton Beach prior
to the expiration of our site plan approval.
We are therefore requesting an extension to our current site plan approval for a period of one year to
allow us to complete our current engineering review process with the City of Boynton Beach and to
secure building permits for this project.
In support of this request for extension of site plan approval, we would ask that you consider the
following accomplishments which we feel demonstrates our firm commitment to the successful
development of Seaview Park:
· Minor modification to site plan, accommodating certain changes requested by City of Boynton
Beach approved on April 25, 2005.
· Capacity Reservation Fees in the amount of $5,821.20 paid in full to City of Boynton Beach
· Environment Resource Permit (ERP) issued by South Florida Water Management District on
January 11, 2006
· FDOT Driveway Permit renewed on August 17, 2005
· Bid process for demolition contractor complete and contractor selected.
· Payment in the amount of $10,191.00 made to Florida Power & Light for removal of existing
overhead electric poles located on the Seaview Park property. FP&L are scheduled to commence
this work week beginning February 6, 2006.
· Preliminary Plat submitted to City Engineer and comments received. Resubmittal scheduled for
February 7, 2006
· Paving, Grading and Drainage drawings submitted to City Engineer and Comments received.
Resubmittal scheduled for February 7,2006
1015 N. State Rd. 7. Suite C. Royal Palm Beach, FL 33411 · Telephone: 561-333-4700. Fax: 561-753-5533 . www.lennar.com e-
February 3, 2006
Michael W. Rumpf
Re: Seaview Park Club - Request for Extension of Site Plan Approval
Page 2
. Water and Sewer drawings submitted to City Engineer and Comments received. Resubmittal
scheduled for February 7, 2006.
Documentation supporting all of the above milestones has been attached to this letter
In parallel with our development work, the owner's of Seaview Park issued eviction notices to all
residents of Seaview in May 2005. As you know, during the eviction notice period, several of the park
residents filed a complaint for declaratory and injunctive relief against both the City of Boynton Beach
and the Owner's of Seaview Park Club. Despite the uncertainty regarding the potential outcome of this
litigation, Lennar Homes, Inc. continued its efforts to secure governmental approvals. Thankfully this
complaint was voluntarily dismissed on November 14, 2005 as a result of a settlement agreement
between the Owners and the park residents.
In order to avoid any potential delay to the project, we would respectfully ask that this request for
extension of site plan approval be submitted for inclusion on the CRA agenda for March 14, 2006 and on
the subsequent City Commission agenda for March 21, 2006. Lennar Homes, Inc. will of course mail the
required notices to neighboring property owners and post required signage in advance of the above
meetings. Should you require any additional documentation or deem it necessary to have representation
from our office at any meetings prior to the above hearings please do not hesitate to contact me at (561)
228-5314.
Your early response in this matter would be greatly appreciated. Thank you once again for your
continued support.
Sincerely,
LENNAR H
~
Andy MacGr r
Portfolio Manager
EXHIBIT "C"
Conditions of Approval
Project name: Seaview Park Club
File number: SPTE 06-002
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
1. Time extension is subject to the original Conditions of Approval and those X
contained within the Minor Site Plan Modification approval.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
2. Place utility lines underground along Federal Highway. X
3. Existing structures shall be removed or demolished within 30 days of real X
estate closing.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S;\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 06-002\Condition of Approval form.doc
DEVELOPMEN1 RDER OF THE CITY COMMISSI(
CITY OF BOYNTON BEACH, FLORIDA
OF THE
Oevelopment
paz
Building
Eng'nll.rlng
Occ. lie.n..
OtPItJ City C'elt
PROJECT NAME:
Healing Heart Veterinary Clinic I White Elk LLC
APPLICANT'S AGENT: Ms. Merrill Romanik, Synalovski Gutierrez Romanik Architects, Inc.
AGENT'S ADDRESS: 3950 N 46th Avenue, Hollywood, FL 33021
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 21, 2006
TYPE OF RELIEF SOUGHT: Major Site Plan Modification (MSPM 06-001) to convert a single-family
residence to a veterinary clinic on 0.196 acre in the Office and Professional Commercial (C-1) zoning
district.
LOCATION OF PROPERTY: 226 SE 23rd Avenue, Boynton Beach, FL 33435 (south side of SE 23rd
Avenue between S Sea crest Blvd and the FEC Railroad).
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:
~~.
City Clerk
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Healing Heart\MSPM 06-001\DO.doc
7.
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Appliccylt
~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 terms
and conditions of this order.
Other
03-~4-0b
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EXHIBIT B
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VETERINARY CLINIC ,-J! .
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226 SOt1THEJ\ST 23RI JlVENUE '. <-
BOYNTON BEIIOl. flORIOA ; .
EXHIBIT B
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EXHIBIT "C"
Conditions of Approval
Project name:
File number:
Reference:
Healing Heart Veterinary Clinic / White Elk LLC
MSPM 06-001
2nd review plans identified as a Maior Site Plan Modification with a January 24. 2006 Planning &
Zoning date stamp marking
. .
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
I. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
2. Use Palm Beach County Standards for the sight triangles at the driveway X
onto SE 23rd Ave.
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. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
6. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
CONDITIONS OF APPROVAL
HE\ I JNG HEART VET CLINIC
PAuL ~'
==,
DEPARTMENTS INCLUDE REJECT
7. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates) and
will be reviewed at the time of construction permit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
8. 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.
9. 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. Submit calculations that clearly reflect the percentage of protected
and unprotected wall openings permitted per 2004 FBC, Table 704.8.
10. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (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.
II. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 3
II
DEPARTMENTS INCLUDE REJECT
12. 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.
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)
13. 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.
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.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
15. Master Plant List, Sheet L2: All shade and palm trees 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 clear trunk (c. t.) specifications. [Environmental
Regulations, Chapter 7.5, Article II Sec. S.C. 2.]
16. The landscape design does not include the City signature trees (Tibochina X
granulosa) at the ingress I egress areas to the site. These trees must meet the
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 4
DEPARTMENTS INCLUDE REJECT
minimum size specifications for trees. [Environmental Regulations, Chapter
7.5, Article II Sec. 5.C.3.N.]
17. The tree planting details sheet L2 should include a line indicating where the X
diameter and height, of all of the shade trees will be measured at time of
planting and inspection.
18. The details sheet L2 should include a line indicating where the clear trunk X
and height of all of the shade and palm trees will be measured at time of
planting and inspection.
19. The details sheet L2 should include a line indicating where the height and X
spread of the shrubs will be measured at time of planting and inspection.
20. Irrigation Plan: Turf and landscape (bedding plants) areas should be X
designed on separate zones and time duration for water conservation.
21. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
22. Landscaping at project entrances shall contain a minimum of two (2) colorful X
shrub species on both sides of the entrance and a signature tree. Note that
signature trees do not contribute toward the total number of required
perimeter trees or parking area interior landscaping. (Chapter 7.5, Article II,
Section 5.G.) Provide a signature tree, such as Yellow Elder, Tibouchina
granulosa, or Bougainvilla at each side of the project entrance. These
signature trees shall have a minimum of six (6) feet of clear trunk to
preserve the clear sight area (Chapter 7.5, Article II, Section 5.N).
23. All lights shall be shielded and direct light down to avoid glare on streets X
and adjacent properties (Ch.2., Sec.4.N.7).
24. The illumination levels appear high at certain locations on site. At time of X
permitting, submit a photometric plan which reduces hot spots depicted on
plan.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
CONDITIONS OF APPROVAL
HEALING HEART VET CLINIC
PAGE 5
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~~
MWRlkz
S:\Planning\SHARED\WP\PROJECTS\Healing Heart White Elk LLC\MSPM 06-001\COA.doc
DEVELOPMENT tDER OF THE CITY COMMISSIOI JF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Wilson Center Complex
----
APPLICANT'S AGENT: Mr. Wally Majors, Recreation and Parks Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21, 2006
TYPE OF RELIEF SOUGHT: Request for a height exception of seven (7) feet above the maximum
building height of 45 feet for a decorative cupola proposed for a recreation community center on 5.27
acres zoned REC.
LOCATION OF PROPERTY: 211 NW 13th Avenue (Wilson Park).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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 AppliC9Jlt
~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: .9-~ -Ofo
<~j'r
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LOCATION MAP OF WILSON PARK COMPLEX - EXHIBIT "A"
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EXHIBIT "C"
Conditions of Approval
Project name: Wilson Center Complex
File number: HTEX 06-002
Reference: Recreation Building Exterior Elevations (A-4) and Building Sections (A-7) dated 12/15/05
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
CONDITIONS OF APPROVAL
WILSON CENTER (HTEX 06-002)
PAGE 2
DEPARTMENTS INCLUDE REJECT
Comments: None X
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments: .
None. X
CITY COMMISSION COMMENTS:
Comments:
To be detennined. ~
MWRIkz
S :\PlanningISharedl WP\PROJECTS\ Wilson CenterIHTEX 06-002\COA.doc
DEVELOPMENT r DER OF THE CITY COMMISSIOr
CITY Of BOYNTON BEACH, FLORIDA
'F THE
PROJECT NAME:
Yachtsman's Cove
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT: Atlantis Environmental Engineering, Inc.
APPLICANT: Yachtsman Properties, LLC
APPLICANT'S ADDRESS: 3135 South Federal Highway, suite 315 Delray Beach, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 61 fee-simple townhouses
on a 3.35-acre parcel in the IPUD Infill Planned Unit Development
zoning district
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 375 feet north of
the Boynton (C-16) Canal (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
V' 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:
o3-a4-Db
'tn.
City Clerk
S: IPlanninglSHAREDI WPIPROJECTS\ Yachtsmans CoveINWSP 06-oo3\OO.OOc
LUCA IIUN MAP
Yachtsman's COVe
Exhibit "A"
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BOYNTON BEACH. FLORIDA
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Conditions of Approval
Project name: Yachtsman's Cove
File number: NWSP 06-003
Reference: 2nd review plans identified as a New Site Plan with a January 10. 2006 Planning and Zoning date
stamp markin!?:.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineering.
2. Incorporate a second handicap visitor parking space in the northwest comer X
of the proiect.
ENGINEERING DIVISION
Comments:
3. The applicant shall proceed through the abandonment process (through the X
P&Z Department) for road relocation and accompanying abandonment for
NE 15th Place.
4. Upon satisfactory Commission approval of the site plan, the applicant shall X
enter the plat process through the City's Engineering Division. A preliminary
plat application may be initiated during the site plan review to expedite
issuance of the Land Development Pennit.
5. Show proposed site lighting on the Site and Landscape plans (LDR, Chapter X
4, Section 7.B.4.) Please provide photometries as part of your TART plan
submittals.
6. It may be necessary to replace or relocate large canopy trees adjacent to light X
fixtures to eliminate future shadowing on the parking surface (LDR, Chapter
23, Article n, Section A.1.b.).
7. Indicate, by note on the Landscape Plan, that within the sight triangles there X
shall be an unobstructed cross-visibility at a level between 2.S-feet and 8 feet
above the pavement (LDR, Chapter 7.5, Article n, Section 5.H.).
8. The medians on Federal Hwy. and Ocean Inlet Dr., along the south side of X
NE 15th PI., and the pocket park on the east side of the Yachtsman Cover
plaza have existing irrigation and plant material belonging to the City of
Boynton Beach. Any damage to the irrigation system and/or plant material as
COA
02/08/06
2
DEPARTMENTS INCLUDE REJECT
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
revise Note #7 (Sheet L2) to include all the above stated information.
9. Staff strongly recommends placing canopy trees far enough back from drive X
aisles to minimize the potential for vertical conflicts with high~profile
vehicles.
10. Ensure tree species specified along Federal Hwy will not conflict with the X
overhead power lines. Add a note to the plan requiring the landscape
architect and contractor to use FPL's "Right Tree / Right Place" publication
forplantings near power lines.
11. Staff recommends the use of cultivars such as "High~Rise" or "Cathedral" for X
the Live Oaks to minimize the potential for vertical conflicts with high-profile
vehicles.
12. 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.
13. Paving, Drainage and Site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
14. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that interfere with utility
services, either in utility easements or public rights-of-way.
15. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
COA
02/08/06
3
I
DEPARTMENTS INCLUDE REJECT
16. 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 )).
17. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant. The
submitted plan does (per se) meet this requirement, however, it does not
reflect an existing fire hydrant along the east side of Federal Highway (at the
existing intersection of NE 15th Place), and in addition, will require an
additional fire hydrant along Ocean Inlet Drive just southwest of the
recreational swimming pool area.
18. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
19. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements
shall be dedicated via separate instrument to the City as stated in CODE Sec.
26-33(a).
20. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
21. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this proiect, in accordance with the CODE, Section 26-15.
22. Please provide engineering calculations supporting the proposed water main X
design, including documentation that required fire flows will be met.
23. Utility construction details will not be reviewed for construction acceptability X
at this time. All utility construction details shall be in accordance with the
Utilities Department's "Utilities Engineering Design Handbook and
Construction Standards" manual (including any updates) and will be reviewed
at the time of construction permit application.
FIRE
Comments: None X
COA
02/08/06
4
DEPARTMENTS INCLUDE REJECT
POLICE
Comments: None X
BUILDING DIVISION
Comments:
24. Indicate within the site data the type of construction of each building as X
defined in 2004 FBC, Chaoter 6.
25. 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.
26. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (psf) on the plans for the building design.
27. 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.
28. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
29. 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:
. 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."
. 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.
. 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).
30. On the drawing titled site plan identify the property line. X
COA
02/08/06
5
p=---'
DEP ARTMENTS
INCLUDE REJECT
31. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall. Identify the type of wall material and the type of material that
supports the wall, including the typical distance between supports. Also,
provide a typical section view drawing of the;: wall that includes the depth that
the wall supports are below finish grade and the height that the wall is above
finish grade. The location and height of the wall shall comply with the wall
regulations specified in the Zoning Code.
32. To properly determine the impact fees that will be assessed for the one-story X
pool building, provide the following:
· 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 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 building.
33. 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.
34. 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.
35. 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 n, Sections 26-34)
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6
DEPARTMENTS INCLUDE REJECT
36. At time of permit review, provide a completed and executed CBB Unity 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.
37. 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.
38. 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 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 numberls 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))
39. 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.
40. 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.
41. 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.
42. Show the proposed site lighting on the site and landscape plans (Chapter 4, X
Section 7.B.4) If possible, provide photo metrics as part of your TART plan
submittals.
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02/08/06
7
DEPARTMENTS INCLUDE REJECT
43. Any dwelling unit that has the optional elevator installed shall comply with X
the requirements of the Federal Fair Housing Act. Additional requirements of
the Fair Housing Act may be applicable, such as parking and accessible
routes.
PARKS AND RECREATION
Comments:
44. Park Impact Fee - 61 Single-family Attached DU's @ $771.00 each = X
$47,031.00. Payment to be made prior to issuance of first pennit.
FORESTER/ENVIRONMENT ALIST
Comments:
45. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species of trees
proposed to be preserved in place, relocated or removed and replaced on site.
The replacement trees should be shown by a separate symbol on the
landscape plan sheet L2. [Environmental Regulations, Chapter 7.5, Article I
Sec. 7.D.p. 2.1-
46. 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), 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. [Environmental Regulations,
Chapter 7.5, Article II Sec. S.C. 2.1.
47. The landscape plan proposes four (4) Brazilian Beautyleaf trees along the X
north property line. Staff recommends substituting these trees with a native
canopy tree.
PLANNING AND ZONING
Comments:
48. Approval of this project is contingent upon the approval of the accompanying X
request for abandonment of Northeast 15th Place (ABAN 06-001) and land
use amendment / rezoning (LUAR 06-003).
49. A traffic study was sent to the Palm Beach County Traffic Division for X
concurrency review in order to ensure an adequate level of service. The Palm
Beach County Traffic Division detennined that the proposed redevelopment
project meets the Traffic Performance Standards of Palm Beach County.
Furthermore, the County would support the re-alignment of the eastern
COA
02/08/06
8
DEPARTMENTS
segment of Northeast 15th Place, to align with the segment west of Federal
Highway, to eliminate the 110 feet offset. The Division suggests the
developer conduct a "traffic signal warrant analysis" at the re-aligned
intersection, as suggested by the developer's traffic engineer. The traffic
concurrency approval is subject to the Project Aggregation Rules set forth in
the Traffic Performance Standards Ordinance. No building permits are to be
issued after the build-out date of 2008.
INCLUDE REJECT
50. Although not dimensioned on the elevations, the peak of the decorative X
cupolas would be 46 feet - nine (9) inches height. At the time of permitting,
the elevation pages would have to be revised to indicate the height dimension
of the decorative cupolas. Furthermore, the peak of the cupolas cannot
exceed 45 feet in height or the developer would have to request and be
approved for a height exception.
51. With regards to the east property line, staff commends the developer for X
substituting the three (3)-story models with the two (2)-story townhouse
models / recreation area where it abuts the single-family neighborhood.
However, the building at the northeast comer of the project is still proposed at
three (3) stories. Staff anticipates that the proposed height and proximity of
Building 1 (to the adjacent lot to the east) would negatively impact said lot.
Therefore, staff is recormnending one (1) of the following two (2) solutions:
Either eliminate the easternmost unit of Building 1 (depicted as Model "A" of
Building 1 on the site plan) or reduce the height of Model "A" from three (3)-
stories to two (2)-stories. This modification will help the project comply with
the compatibility requirement of the IPUD zoning district.
52. At the time of permitting, on the site plan tabular data, indicate the square X
footage and percentage distribution of pervious surface and also indicate the
proposed lot coverage per Chapter 4, Section 7. Note that lot coverage cannot
exceed more than 50 percent (Chapter 2, Section 5.L.).
53. At the time of permitting, provide a detail of the fountain / sculpture proposed X
on the landscape plan (sheet L 1). Include its dimensions, material, and color
(Chapter 4, Section 7.D.).
54. All building elevations, including the cabana, should indicate paint X
manufacturer's name and color codes (Chapter 4, Section 7.D.).
55. In order to ensure proper maintenance of the buffer areas, staff recommends X
converting them from private property to "buffer tracts" that would be owned
and maintained by the Home Owners' Association.
56. 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, Section 5.N.). Alternative plant
material may be substituted if the above referenced plant material is not
available or undesired.
COA
02/08/06
9
I
DEPARTMENTS INCLUDE REJECT
57. The subject site is located along Palm Tran Bus Route 1. Staff recommends X
installing an upgraded shelter if a Palm Tran stop is located along Federal
Highway, abutting the subject project.
58. As proposed in the new site plan, southbound egress (onto Federal Highway) X
will occur from the re-aligned Northeast 15th Place. However, the
Community Redevelopment Agency (CRA) staffin discussions with I.N.C.A.
recommends that the developer create a new left-hand stacking lane (on the
northbound side of Federal Highway) approximately 550 feet north of the
proposed intersection of Northeast 15th Place and Federal Highway. This new
left-hand stacking lane would allow for U-turn traffic movements onto
southbound Federal Highway. This would allow for an alternative and safer
method for southbound egress onto Federal Highway from the subject project.
The developer would be responsible for the cost of said improvements
should the Florida Department of Transportation approve the concept.
59. Community Redevelopment Agency (CRA) staff is requiring a detail on site X
plan of how overhead utilities along Federal Highway will be installed
underground.
60. No individual swimming pools or screened enclosures are proposed (or X
requested by the developer) and would be noted as such within the Home
Owners Association documents. Likewise, the developer does not intend to
screen-in the balconies either.
61. A six (6)-foot high wall is proposed along the entire perimeter of the north X
property line of the subject property. This may conflict with the six (6)-foot
high pre-cast concrete wall that was already approved along the south
property line for the Seaview Park Club project. This could be a potential
conflict because it would create a situation where there would be a narrow
gap between the subject property's proposed buffer wall and the approved
buffer wall (on the abutting property to the north). Therefore, staff
recommends that the applicant works with the abutting property owner to the
north to see if there may be mutual interest in eliminating one (1) of the walls
where two (2) are proposed. Also, staff recommends extending the wall
along the entire perimeter of the east property line of the subject property.
This will help buffer the subject property from the residential neighborhood
to the east as well as to help screen the intrusion of automobile headlights on
neighboring properties from parking areas and driveways.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
62. None X
CITY COMMISSION COMMENTS:
COA
02/08/06
10
DEPARTMENTS INCLUDE REJECT
Comments:
63. To be determined. ~
MWRlelj
S:\Planning\SHARE D\ W P\PROJECTS\ Y achtsmans Cove\NW SP 06-003\COA.doc
DEVELOPMEN", IRDER OF THE CITY COMMI5510 .JF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Wilson Center Complex
Development
P&Z
Building
Englne.rlng
Occ. License
Deputy City Clerk
APPLICANT'S AGENT: Mr. Wally Majors, Recreation and Parks Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21,2006
TYPE OF RELIEF SOUGHT: Request a major site plan modification for expansion and
improvements, including a 13,816 square foot recreation community center on 5.27 acres
zoned REC.
LOCATION OF PROPERTY: 211 NW 13th Avenue (Wilson Park).
DRAWING(S): SEE EXHIBIT "B" A TI ACHED HERETO.
X THIS MA TIER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
/' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
03 -~~-ofo
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\MSPM 05-011\DO.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Wilson Center Complex
File number: MSPM 05-011
Reference: 2ndstreview plans identified as a Major Site Plan Modification with a January 3,2006 Planning &
Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS -;- General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
--
1. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
2. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at permit review.
3. No site survey was provided, only a Topographic Survey (Sheet C-14.) In X
reviewing this Topographic Sheet, the Legal Description reflects (in part),
that this area includes Lots 489 thru 536 inclusive as shown on the plat of
CHERRY HILLS along with additional lands. This is not accurate. Only
Lots 489 thru 506 and Lots 519 thru 536 of the plat are a part of this
property. Lots 507 thru 518 were included in the redevelopment of the
Poinciana Elementary School parcel. Please have the applicant's surveyor
rectify the legal description for this Recreational Facility. Surveyor will be
instructed by City to revise final survey to reflect these comments, and
additional property acquisition by City. Revised final survey will be
submitted with final signed and sealed plans.
4. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Use a 25-foot sight triangle for driveways onto local roads
(NW 1 st St.).
5. Sidewalks adjacent to parking lots shall be continuous through all driveways X
and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article
II, Section P).
6. Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 2
DEPARTMENTS INCLUDE REJECT
7. 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.
8. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards" and
will be reviewed at the time of construction permit application.
UTILITIES
Comments:
9. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
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 IV,
Section 16, or the requirement imposed by Insurance underwriters,
whichever is greater (CODE, Section 26-16(b)).
11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
12. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
13. Add a gate valve downstream of the proposed fire hydrant on the north side X
of the building.
14. Correct discrepancy between the call-out for the existing sanitary sewer (8- X
in. vs. 9-in.)
15. Abandon entire portion of the 2-inch water main from the tee in NW 1 st St. X
to the tee in NW 3 rd St. Portions of the 2-in. water within the road rights-of-
way may be abandoned in place.
16. Show mains and points of service, including meter locations, for the pool X
house and pool.
CONDITIONS OF APPROY AL
WILSON CENTER (MSPM 05-011)
PAGE 3
DEP ARTMENTS INCLUDE REJECT
17. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates);
they will be reviewed at the time of construction permit application.
FIRE
Comments:
18. Provide a sheet that clearly shows the location of all fire hydrants and Fire X
Department Connections to the fire sprinklers.
19. Provide details for the fences around the pool. X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
20. 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.
21. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
22. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
23. Add to the building that is depicted on the drawing titled site plan and floor X
plan a labeled symbol that identifies the location of the handicap-accessible
entrance door/s to the building. 2001 FBC, Sections 11-4.1.2,11-4.1.3, and
11-4.3.
24. Add a labeled symbol to the site plan drawing that represents and delineates X
the path of travel for the accessible route that is required between the
accessible parking space/s and the accessible entrance door/s to the
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 4
DEPARTMENTS
building. The installed symbol, required along the path, shall start at the
accessible parking space/s and terminate at the accessible entrance door/s to
the building. The symbol shall represent the location of the path of travel,
not the location of the detectable warning or other pavement markings. The
location of the accessible path shall not compel the user to travel in a
drive/lane area that is located behind parked vehicles. Identify on the plan
the width of the accessible route. (Note: The minimum clear width of an
accessible route shall be 36 inches, except at curb ramps that are part of a
required means of egress shall not be less than 44 inches). Add text to the
drawing that would indicate that the symbol represents the accessible route
and the route is designed in compliance with 2001 FBC, Section 11-4.3
(Accessible Route) and 11-4.6 (parking and Passenger Loading Zones).
Please note that at time of permit review, the applicant shall provide detailed
documentation on the plans that will verify that the accessible route is in
compliance with the regulations specified In the 2001 FBC. This
documentation shall include, but not be limited to, providing finish grade
elevations along the path of travel.
INCLUDE REJECT
25. If an accessible route has less than 60 inches clear width, then passing X
spaces at least 60 inches by 60 inches shall be located at reasonable
intervals not to exceed 200 feet. A "T"-intersection of two corridors or
walks is an acceptable passing place. 2001 FBC, Section 11-4.3.4.
26. 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:
· 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."
· 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.
· 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).
27. On the drawing titled site plan identify the property line. X
28. As required by the CBBCO, Part III titled "Land Development
Regulations", submit a site plan that clearly depicts the setback dimensions
from each property line to the leading edge of the building. The leading
edge of the building 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.
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 5
DEPARTMENTS INCLUDE REJECT
29. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available.
30. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
31. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
. 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)
32. Add a general note to the site plan that all plans submitted for permitting X
shall meet the City's codes and the applicable building codes in effect at the
time of permit application.
33. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
reVIew at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
34. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
35. Sheet C-03 - Accessible parking spaces serving a particular building shall X
be located on the shortest safety accessible route of travel from adjacent
parking to an accessible entrance. Relocate the handicap parking spaces to
the area adiacent and north ofthe community center. FBC Section 11-4.6.
36. Sheet LSP-1 refers to Table 1004 for exiting distance, length and width. If X
you are designing on the 2004 FBC, this table is wrong. Refer to the correct
table and code sections.
37. Sheet LSP-1 - The square footage per person stated for the occupant load X
determination for assembly occupancy is shown as seven square feet net for
the first floor and fifteen square feet for the second floor. Are these both
classified as unconcentrated? Please clarify.
CONDITIONS OF APPROVAL
W1L'<ON CENTER (MSPM 05-011)
PA(iE6
DEPARTMENTS INCLUDE REJECT
38. Sheet LSP-2 - The elevator shall comply with Chapter 11-4.10 of the FBC. X
39. Sheet A-5 - The guardrails at the second floor deck shall comply with X
Section 1012 of the 2004 FBC.
40. The architectural plans refer to the 2001 FBC and the title sheet refers to the X
2004 FBC. Clarify. (Check structural drawings also).
41. Sheet A-14 - Delete details that are not applicable to this project (e.g. X
shower details).
42. Clearly indicate the extent of alterations to be done to the existing pool X
building.
43. * NOTE: This review is not inclusive of all disciplines. A comprehensive X
plan review will be performed at the time of permit application.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
44. Submit a copy of a recorded Unity of Title which includes all the land X
within the Wilson Park Complex as indicated on the site plan.
45. Revise site plan application to include all the following property control X
numbers for the subject property: (8. PCN): 08-43-45-21-00-000-3050, 08-
43-45-21-14-000-4890, 08-43-45-21-14-000-5230, 08-43-45-21-14-000-
5230, 08-43-45-21-14-000-5210, 08-43-45-21-14-000-5192, 08-43-45-21-
14-000-5191, 08-43-45-21-14-000-4990, 08-43-45-21-14-000-5010, 08-43-
45-21-14-000-5030, 08-43-45-21-14-000-5060, and a portion of 08-43-45-
21-00-000-3070.
46. Revise site plan to include the following information as tabular site data: X
existing and proposed uses and corresponding square footage, minimum
setbacks for REC zoning district (25' front, side, rear), and parking
calculations including number of spaces required and number of spaces
provided including number of handicapped spaces (community center is 1
space per 100 square feet of gross floor area, oools is 1 space per 30 square
CONDITIONS OF APPROVAL
WILSON CENTER (MSPM 05-011)
PAGE 7
DEPARTMENTS INCLUDE REJECT
feet of water area, outdoor athletic courts is 1 space per 1500 square feet of
court area and adioining paved area).
47. The vehicular back-up distance, parking stall dimensions, and drive aisles X
are subject to the Engineering Division of Public Works' review and
approval.
48. Indicate diagonal striping for the sanitation truck turnaround area as a "no X
parking/ loading zone", and include "do not enter" sign! "service vehicles
only" in the area near the crosswalk to prevent parking of vehicles on
pavement that is not designated! striped for vehicle parking.
49. Provide water fountains and benches in needed areas of the park per X
recommendations for park improvements listed in the Heart of Boynton
Redevelopment Plan.
--
50. Indicate any outdoor mechanical equipment and type of required screening X
of equipment.
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None X
CITY COMMISSION COMMENTS:
Comments:
To be determined. ~
MWRIkz
S:\P1anning\Shared\WP\PROJECTS\Wilson Center\MSPM 05-011\COA.doc
DEVELOPMENT r ryER OF THE CITY COMMISSIOf" 'F THE
CITY Or BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Dcc, License
Deputy City Clerk
PROJECT NAME: 504 SW yth Street (ABAN 06-002)
APPLlCANTS/ AGENTS: Thomas and Christine Ruffini
APPLICANT'S ADDRESS: 504 SW 7th Street, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 21,2006
TYPE OF RELIEF SOUGHT: Request abandonment of SW 7th Street, a 50 foot right-of-way, the portion
located between Lot 1, Block 21 and Lot 16, Block 22 of Lake Boynton
Estates, Plat 2.
LOCATION OF PROPERTY: Located south of the intersection of SW 4th Avenue and SW 7th Street, and
west of 504 SW 7th Street, near the south boundary of Lake Boynton Estates.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "c" with notation "Included".
4.
The Applicant's application for relief is hereby
L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms and
conditions of this order.
DATED:
b
7.
Other
S:\Planning\SHARED\WP\PROJECTS\504 SW 7th Street ABAN\D
EXHIBIT "e"
Conditions of Approval
Project name: Abandonment of a Portion of SW 7th Street
File number: ABAN 06-002
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
..
Comments:
1. Dedication of a Utility Easement for City utilities within the right-of-way to X
be abandoned is required.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
2. No structures or landscaping shall be placed within the confines of the X
required utility easement without the express written consent of the
Engineering Division of Public Works.
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
. . . ..
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
3. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
4. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
5. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\504 SW 7'" Street ABAN\COA.doc
EXHIBIT "A'
That portion of Valencia Way, a 50 foot wide right-of-way,
lying between Lot 1, Block 2], and Lot 16, Block 22,
according to the plat thereof on file on the office of the
Clerk of the Circuit Court in and for Palm Beaeh County,
Florida, recorded in Plat Book ]4, Page 17, said portion
being bound as follows:
On the east by the west line of Lot ] 6; on the south by the
westerly prolongation of the south line of Lot 16; on the
west by the east line of Lot 1; and on the north by the
easterly prolongation of the north line of Lot 1.
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LAKE WORTH, FLORIDA 33480
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DEVELOPMEN- RDER OF THE CITY COMMISSIC
CITY OF BOYNTON BEACH, FLORIDA
:>F THE
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Wilson Center Complex
APPLICANT'S AGENT:
Mr. Wally Majors, Recreation and Parks Director
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: ~~~8,'2'6~OOb
TYPE OF RELIEF SOUGHT: Request for a height exception of seven (7) feet above the maximum
building height of 45 feet for a decorative cupola proposed for a recreation community center on 5.27
acres zoned REC.
LOCATION OF PROPERTY: 211 NW 13th Avenue (Wilson Park).
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
/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:
S:\Planning\SHARED\WP\PROJECTS\Wilson Center\HTEX 06-
LOCA TION MAP OF WILSON PARK COMPLEX - EXHIBIT "A"
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BUILDING SECTIONS :::;:.:.. .-...___ ~.=:-~~R.
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EXHIBIT "C"
Conditions of Approval
Project name: Wilson Center Complex
FIle number: HTEX 06-002
Reference: Recreation Building Exterior Elevations (A-4) and Building Sections (A-7) dated 12/15/05
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
CONDITIONS OF APPROVAL
WILSON CENTER (HTEX 06-002)
PAGE 2
DEPARTMENTS INCLUDE REJECT
Comments: None X
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None. X
CITY COMMISSION COMMENTS:
Comments:
To be determined. ~
MWRIkz
S:\Planning\Shared\ WP\PROJECTS\ Wilson Center\HTEX 06--002\COA.doc