Minutes 04-18-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, APRIL 18, 2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
Mayor Taylor called the meeting to order at 6:29 p.m. Reverend Rick Riccardi, Police Chaplain,
gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner
McCray.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Motion
Commissioner Ferguson moved to approve the agenda. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray commented any elected official can place an item on the agenda at the
time of Agenda Approval, which was confirmed by the City Attorney at the Agenda Preview
Conference held on April 14, 2006.
Commissioner Ensler proposed a resolution be drafted for special recognition of Jeanne Heavilin
as past Chair and Vice Chair of the Community Redevelopment Agency Board. Commissioner
McCray questioned if a precedent was being set for the future with all boards and the issuance
of resolutions. Hearing no other comments, Mayor Taylor declared consensus for a resolution
had been reached. Vice Mayor McKoy inquired if this procedure should be followed for all the
boards. Mayor Taylor felt it was a case-by-case basis and indicated a thank you letter is sent to
every board member.
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Commissioner Ensler suggested it was important that a well respected leader in the Community
Redevelopment Area be included on the board and requested such an individual apply for the
next appointment.
Additionally, Commissioner Ensler discussed the need for due process to be followed when
consideration of the current issues surrounding the Community Redevelopment Agency are
addressed. He felt it was unfortunate due process had not been afforded to Mr. James Barretta
in removal from the board.
Commissioner McCray pointed out it had been decided the Community Redevelopment Agency
issues would be fully discussed at a future meeting. Mayor Taylor concurred.
Mayor Taylor expressed his thanks to all who had offered their thoughts, prayers, cards and
flowers during his recent surgery and recovery.
Mayor Taylor also commended the Fire Department for their professionalism and work they do
as evidenced by the many letters received by the citizens of the City. The CERT program has
lSS trained residents to assist the professional services during emergencies or disasters.
Mayor Taylor further commended the Police Department for the recent arrest of 24 drug dealers
and prostitutes in the City, that serves to enhance the positive image of the City of Boynton
Beach. The Police Department's efforts were appreciated.
Commissioner McCray expressed his regret that the response time by the Fire Department was
not acceptable during a recent emergency with a member of his family.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS:
A. Announcements:
None.
B. Community and Special Events:
1. Oceanfront Concert Series, Friday April 21, 6-9 p.m. at Oceanfront Park
featuring Snakeboy Johnson Band, a Texas style rockin' blues band.
Wayne Segal, Director of Public Affairs, announced the Oceanfront Concert Series was finally
returning to Oceanfront Park with a concert by Snakeboy Johnson Band and invited everyone to
please attend.
C. Presentations:
1. Proclamations:
a. National Arbor Day - April 27, 2006
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Vice Mayor McKoy read the proclamation declaring April 27, 2006 as National Arbor Day.
b. Victims' Rights Week - April 24-28, 2006
Vice Mayor McKoy read the proclamation commemorating Victim's Rights Week and presented
the proclamation to Ms. Muriel Waldmann, the City's victim advocate. Chief Immler lauded Ms.
Waldmann for her work with the Police Department and tireless efforts at addressing the needs
of victims of violent crimes.
2. Presentation by Ted Wright, Commander of VFW Post #S33S, of a $1,000
check to support the Little League Fields.
Commander of VFW Post #S33S, Ted Wright, presented Mayor Taylor with a check for $1,000
to assist in the restoration of the fields at Little League Park. Mayor Taylor thanked the
members of the Post for their investment in the community.
3. Presentation by Recognition Team Chair, Vicki Dornieden, and Co-chair
Maibet Rosado to recognize the 1st quarter D.I.S.C. award winners -
Cathy McDeavitt, Tom Balfe and Eric Falstad.
Vicki Dornieden and Maibet Rosado, Chair and Co-chair of the Recognition Team, recognized
Cathy McDeavitt as the January winner of the D.I.S.C. award, Tom Balfe the February winner
and Eric Falstad the March winner, for demonstrating the City's core values. Jody Rivers, Parks
Superintendent, accepted the award for Tom Balfe, who was unable to attend. Scott Wahlin,
Golf Course Manager, accepted the award for Eric Falstad, who also was unable to attend.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (At
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission.)
No one coming forward to discuss issues not on the agenda, Mayor Taylor closed the public
audience.
V. ADMINISTRATIVE:
A. Accept the resignation of Anita Remer, a regular member of the Arts
Commission.
Motion
Commissioner Ferguson moved to accept the resignation of Anita Remer. Commissioner
McCray seconded the motion. The motion passed unanimously.
B. Accept the resignation of James Barretta, a regular member of the Community
Redevelopment Agency Board.
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Motion
Commissioner McCray moved to accept the resignation of James Barretta. Vice Mayor McKoy
seconded the motion. The motion passed unanimously.
Mayor Taylor extended the Commission's appreciation to those board members for their time
and efforts on the respective boards.
C. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
II McCray Adv. Bd. On Children & Youth Alt 1 yr term to 4/07
III Ferguson Adv. Bd. On Children & Youth Alt 1 yr term to 4/07
II McCray Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tablecl (2)
III Ferguson Adv. Bd. On Children & Youth Reg 2 yr term to 4/08 Tabled (2)
II Ensler Adv. Bd. On Children & Youth Stu/Reg/NonVoting 1 yr term to 4/07 Tablecl (2)
III Ferguson Arts Commission Alt 1 yr term to 4/07
I Ensler Arts Commission Alt. 1 yr term to 4/07 Tabled (2)
II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Cemetery Board Alt 1 yr term to 4/07
II Ensler Code Compliance Board Alt 1 yr term to 4/07
III Ferguson Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Community Relations Board Alt 1 yr term to 4/07 Tablecl (3)
II Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
II Ensler Education Advisory Board Alt 1 yr term to 4/07
Mayor Taylor Education Advisory Board Reg 2 yr term to 4/08 Tablecl (2)
I Ensler Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
II McCray Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
III Ferguson Education Advisory Board Reg 2 yr term to 4/08 Tabled (2)
IV McKoy Education Advisory Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Education Advisory Board Stu 1 yr term to 4/07 Tabled (2)
I Ensler Education Advisory Board Stu 1 yr term to 4/07 Tabled (2)
III Ferguson Library Board Alt 1 yr term to 4/07
II McCray Library Board Alt 1 yr term to 4/07 Tabled (2)
III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Senior Advisory Board Alt 1 yr term to 4/07 Tabled (2)
I Ensler Employees' Pension Board Reg 3 yr term to 4/08 Tabled (2)
City Clerk Prainito announced there were presently no applicants for the appointments. Mayor Taylor
did not feel any further action was required.
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Motion
Commissioner McCray moved to table all his appointments. Vice Mayor McKoy seconded the motion.
The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Agenda Preview Conference - March 31, 2006
2. Regular City Commission - April 4, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 200S-2006 Adopted Budget.
1. Award the RFP for the "ANNUAL JULY 4th FIREWORKS DISPLAY" RFP#
029-2710-06jJA to "MELROSE SOUTH PYROTECHNICS, INC." of South
Carolina in the amount of $33,000 to include barge.
Commissioner McCray pulled the item for discussion.
2. Approve the piggyback of the Jacksonville Electric Authority (JEA) Bid
#WCS-123-00 with Insituform Technologies, Inc. for two (2) pipeline
rehabilitation projects in the amount of $649,902.S0 and $124,312.S0
respectively, for a total estimated cost of $774,21S.
3. Authorize the Utilities Department to utilize GSA contract #GS24F-0028J
and purchase a Perkin Elmer AAnalyst 800 Atomic Absorption
Spectrophotometer and accessories from Perkin Elmer Inc. The
estimated expenditure is $60,29S.77.
Commission McCray pulled the item for discussion.
4. Approve an amendment to a contract increase with Sports Turf One, Inc.
by $27,236 for the continuation of repairs to Field 1 at Little League Park.
This item was previously approved at the February 7, 2006 Commission
meeting in the amount of $9S,SS7.
Commissioner McCray pulled the item for discussion.
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C. Resolutions:
1. Proposed Resolution No. R06-0S0 RE: Approving and
authorizing execution of an agreement between Boynton Beach Fire
Rescue and the Area Agency on Aging, Palm Beach Treasure Coast, Inc.
to provide the Influenza and Pneumococcal vaccinations for a specific
targeted group of Boynton Beach Senior Citizens.
2. Proposed Resolution No. R06-0S1 RE: Approving and
authorizing execution of a Right-of-Entry agreement with South Florida
Water Management District (SFWMD) for the City's Floridan Aquifer
Monitoring wells.
3. Proposed Resolution No. R06-0S2 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Cedrick and Katherine Edwards for the property at 1098
Seagrape Rd. Lake Worth, FL (Hypoluxo Ridge Add 2, Lt. Sl)
4. Proposed Resolution No. R06-0S3 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Marie Shields for the property at 77S6 Griswold St., Lake
Worth, FL (Tropical Terrace L T 7S)
S. Proposed Resolution No. R06-0S4 RE: Approving and
authorizing execution of an agreement for Water Service Outside the City
Limits with Faude & Louise Joseph for the property at 1096 Brown Rd.
Lake Worth, FL (Hypoluxo Ridge Add 1 Lt 6).
6. Proposed Resolution No. R06-0S5 RE: Amending
Resolution R04-171 by adding Bobby Jenkins, Jr., Assistant Director of
Financial Services, to the list of designated individuals authorized as
signatories for all City accounts at the Bank of America.
7. Proposed Resolution No. R06-0S6 RE: Adopting and
executing the Recreation and Parks Strategic Plan.
8. Proposed Resolution No. R06-0S7 RE: Approving and
authorizing revisions to the Classification and Compensation Study
conducted by MGT of America and to approve the revised City of Boynton
Beach Job Title listing. The changes are a result of the additional
research conducted by MGT of America following the appeals submitted
by City employees.
D. Approve the sale of "SURPLUS" Golf Carts in exchange for one set of Toro
Verticut Reels with Patten Turf of Lake Worth, FL as submitted by the Golf
Course.
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E. Approve the "GULFSTREAM GARDENS" Record Plat, conditioned on the approval
being the certification of the plat documents by H. David Kelley, Jr. (City
Engineer and Surveyor and Mapper).
F. Authorize the Water Utilities department to purchase four (4) meters; two (2) on
raw water lines & two (2) on finished water lines from Avanti Company of Avon
Park, FL. The estimated expenditure is $38,287.S0.
Commissioner McCray pulled the item for discussion.
G. Accept the written report to Commission of purchases over $10,000 for the
month of March 2006.
Motion
Commissioner McCray moved to approve the Consent Agenda items having not been pulled for
discussion. Vice Mayor McKoy seconded the motion. The motion passed unanimously.
VI.B.1.Award the RFP for the "ANNUAL JULY 4th FIREWORKS DISPLAY" RFP# 029-2710-
06jJA to "MELROSE SOUTH PYROTECHNICS, INC." of South Carolina in the
amount of $33,000 to include barge.
Commissioner McCray asked where the fireworks display would be held.
Wayne Segal, Director of Public Affairs, responded the 4th of July celebration would be held at
Intracoastal Park this year.
Motion
Commissioner McCray moved to approve item VI.B.1. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
VI.B.3. Authorize the Utilities Department to utilize GSA contract #GS24F-0028J and
purchase a Perkin Elmer AAnalyst 800 Atomic Absorption Spectrophotometer
and accessories from Perkin Elmer Inc. The estimated expenditure is
$60,29S.77.
Commissioner McCray asked for a description of the item being purchased.
Kofi Boateng, Director of Utilities, described the item as an analytical piece of equipment to
measure trace metals in the finished water and monitor the water quality. Although, the
expenditure was estimated, Mr. Boateng did not feel the cost would exceed the amount stated.
Motion
Commissioner McCray moved to approve item VI.B.3. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
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VI.Bo4 Approve an amendment to a contract increase with Sports Turf One, Inc by
$27,236 for the continuation of repairs to Field 1 at Little League Park. This item
was previously approved at the February 7, 2006 Commission meeting in the
amount of $9S,SS7.
Commissioner McCray suggested if donations were available to defray the cost, those donations
should be used instead of City funds. Mr. Bressner related the $100,000 donated by the
Extreme Makeover - ABC sponsors should be available to cover the costs of the other fields.
Motion
Commissioner McCray moved to approve item VI.Bo4. Vice Mayor McKoy seconded the motion.
The motion passed unanimously.
VI.F. Authorize the Water Utilities department to purchase four (4) meters; two (2) on
raw water lines & two (2) on finished water lines from Avanti Company of Avon
Park, FL. The estimated expenditure is $38,287.S0.
Commissioner McCray thanked staff for providing the information as he had requested, that the
warranty on the equipment covered a two year period.
Motion
Commissioner McCray moved to approve item VI.F. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
Commissioner Ferguson requested to make a comment on item VI.D.
VI.D. Approve the sale of "SURPLUS" Golf Carts in exchange for one set of Toro
Verticut Reels with Patten Turf of Lake Worth, FL as submitted by the Golf
Course.
Commissioner Ferguson congratulated the Golf Course on the exchange of items at no cost to
meet the needs of The Links.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Owner:
Lawrence Road Project (ANEX 06-003)
Brian Terry, Land Design South
Vermac Properties 6, LLC
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Location: Northeast corner of Lawrence Road and 71st Avenue South,
approximately 3S0 feet south of Hypoluxo Road
Description: Request to annex the subject property. (1st Reading Proposed
Ordinance No. 06-033)
B.
Project:
Agent:
Owner:
Location:
Description:
Lawrence Road Project (LUAR 06-004)
Brian Terry, Land Design South
Vermac Properties 6, LLC
Northeast corner of Lawrence Road and 71 st Avenue South,
approximately 3S0 feet south of Hypoluxo Road
Request to amend the Comprehensive Plan Future Land Use Map
from MR-S (Palm Beach County) to Medium Density Residential
(MEDR); (1st Reading Proposed Ordinance No. 06-034)
Request to rezone from Agricultural Residential (AR, Palm Beach
County) to Planned Unit Development. (PUD) (1st Reading of
Proposed Ordinance No. 06-035)
Proposed Use: 90 Multi-family residential units.
1. Lawrence Road Project (NWSP 06-006) Request New Site Plan
approval to construct 90 fee-simple townhouse units on a 9.3S acre
parcel in the Planned Unit Development (PUD) zoning district.
Attorney Cherof inquired if the Commission, applicant, or interested parties would agree to
consolidate items VIII.A., VIII. B., and VIII.B.l for hearing. All parties agreed to the
consolidation. Attorney Cherof administered an oath to all those testifying and explained the
procedure to be followed.
Eric Johnson, Planner, reviewed the requests of the applicant. He identified the exact location
of the project with a slide presentation pointing out the adjacent land uses as Commercial on
the north and Single Family Residential on the other sides of the project. Mr. Johnson pointed
out the other surrounding residential developments had 3.2 du on the south, 3.8 du on the east
and 404 du on the west. The application proposed Medium Residential with 9.63 du being the
higher end of Medium Density Residential land use. He reported staff recommended the
annexation and the site plan did comply with Code; however, the proposed land use and 9.63
dju would be incompatible with the surrounding land use. The Comprehensive Plan, Section 8,
restricts the land use to single family homes at 3.S du representing the will of the people at the
time. Mr. Johnson displayed the site plan and explained the various aspects of entrance, exit
and layout of the buildings and green space. In staff's view the transitional nature of the
property would not warrant townhomes. Mr. Johnson stressed the type of homes was not the
issue as much as the density level and building mass. Staff recommended denial of all requests
based on the incompatibility issue.
Commissioner McCray reviewed the surrounding areas and types of homes. He asked how the
proposed other new development fits into the site plan approval in the future. Mr. Johnson
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responded staff would review the plans for that development concurrently with the annexation
request and land use amendment and rezoning.
Mayor Taylor questioned how the development on the east, Nautica Sound, exited the
development. Mr. Johnson replied the egress exited on Lawrence Road from Nautica Sound
Boulevard or Kensington.
Brian Terry, with Land Design South, representing the developers, outlined the
requests and located the property along with the adjacent areas and the land uses. He noted
the property is entirely surrounded by the City of Boynton Beach and sits as an unincorporated
area of the County. Palm Beach County zoning designation in conjunction with the workforce
housing policy would allow 10 du (dwelling units) plus an additional 3 du equating to 130 units
on the property. The requested site plan proposes 90 fee simple, townhouse style, units. The
concept is to attract a family market with schools, retail centers and public transportation in
close proximity. Mr. Terry emphasized the neighbors' concerns have been considered and
addressed by taking advantage of open space, and the building orientation to limit the amount
of exposure to the single family residence. All the buildings will be two story buildings with five
units per building having three bedroom/two bath units in the old Florida style.
Michael Weiner, representing the applicant, noted two story homes beside single story
homes would create the same effect as the two story building orientation proposed. The green
space that exists in the neighboring communities is actually less than the proposed project. Mr.
Weiner illustrated the commercial land use to the north of the project with a slide presentation
that included pictures of several auto related businesses on the site.
Mr. Weiner contended the eight criteria for approval, which did not include a reference to
density, have been met. The proposed project is consistent with the future land use elements
and with the Comprehensive Plan that encourages townhouse type units. It is also consistent
with the established land use pattern and transitions the commercial use to the residential use,
minimizing adverse impacts to the residences to the south and east. He also mentioned there
would be no problem with concurrency. Mr. Weiner alleged the project meets the need for
housing in the City and relates to the needs of the neighborhood.
(Commissioner McCray left the dais at 7:24 p.m. and returned at 7:27p.m.)
Mr. Weiner added changed circumstances are addressed in the Comprehensive Plan with
advisory changes that allow variations which have been utilized along Federal Highway. He
explained the developer has met with neighbors and addressed their concerns.
Mayor Taylor opened the discussion to the public.
Jerry Doser, a resident of Jonathan's Grove, indicated he has discussed the development
with hiS neighbors and the majority disagree with the density. They do not object to the
development, but do object to a two story building overlooking their backyards. Mr. Doser
maintained the neighbors were not consulted to express their ideas before the design was
drawn up. Mr. Doser was concerned about the level of income of the residents and if it would
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April 18, 2006
be compatible with the neighborhood. Written comments from various neighbors were
submitted to the Clerk and are on file in the City Clerk's office. Mr. Doser felt one of the major
concerns would be traffic and basically the neighborhood objects to the 90 units.
Commissioner McCray questioned the reference to the level of income and Mr. Doser explained
he was concerned that several families would live in one home and be an issue.
Jeff Silverman, a resident of Nautica Sound, shared the views of Mr. Dozer and reiterated
the project was not compatible with the surrounding housing and developments. Mr. Silverman
agreed it was a beautiful design but it was not appropriate. He was concerned about the buffer
being a road and his view would be the road and their clubhouse. He purported the density is
almost high density.
Lisa Quinn, 1088 Fairfax Circle West, supported the development and felt it was a beautiful
variation to the area. She acknowledged traffic was a concern, but it coincides with progress.
She did not feel density was an issue because the green area is significant and a delightful
change.
Carol Fink, Lot 13 on Jonathan's Way, reminded the Commission the Planning and
Development Board denied the requests. She was concerned with the density and traffic
element of 90 homes, especially with a median at the entrance reqUiring u-turns for directional
flow. She did not feel the parking was sufficient for family gatherings and special functions.
Ms. Fink submitted pictures of the area that are on file in the City Clerk's office. The pictures
illustrated the FPL easement and her concern regarding FPL's access to the easement for
service. Ms. Fink agreed with the Planning and Zoning Department and encouraged the
Commission to support staff's recommendation or make the development smaller. Ms. Fink
contended an even higher density would not be allowed by Palm Beach County.
Mayor Taylor asked Ms. Fink for an approximation of her home's selling price. Ms. Fink advised
her home is small and had recently been appraised at $47S,000 and some homes in the
development have sold for over $SOO,OOO.
James Quinn, 1088 Fairfax Circle West, also supported the project and felt the traffic flow
with u-turns was not an unusual scenario. He also corrected a previous statement regarding
the height of single story homes being 3S feet; 2S feet is the actual height of the homes.
No one else coming forward, Mayor Taylor closed the public hearing.
Eric Johnson, Planner, reiterated staff was not in favor of the proposed density and the Grove
Plaza is unique as it has a landscape buffer along the south boundary line abutting the subject
project. He also remarked the allowable density for Palm Beach County for the site is
unconfirmed and a full review including compatibility would be required. Mr. Johnson
admonished if the project was approved, the site plan would be required to comply with the Art
in Public Places Program.
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Mr. Weiner concluded if the land is not annexed into the City and the County approves the
project, the worst fears and concerns of the neighbors would be exacerbated with the
possibility of 130 units on the site. He asserted if single family homes were constructed in the
configuration of Jonathan's Grove, the buffering and green space would be less and insufficient
adjacent to a Commercial use zone. Referring to the traffic concerns, Mr. Weiner maintained
traffic was not functioning at overcapacity on Lawrence Road and the change would be
insignificant. The expansive stacking distances and openings of the design will be more safe
than a single family environment. With regard to buffering, a Planned Unit Development will
control the buffer and landscaping with the use of mature planting. Mr. Weiner advised the unit
pricing will be around $3S0,000 to allow families and would not be subject to low income level.
Mr. Weiner advised the developer is in agreement with all the conditions of approval. All the
complaints have been addressed. He requested the Commission vote in favor of the annexation,
rezoning and site planning.
Mayor Taylor asked for more detail on the landscape buffering on the south and east sides of
the project. Mr. Weiner showed a drawing of the tiered landscaping with high, lS-20 foot tree
heights, medium and a low hedge along with a fence rather than a wall next to the FP&L
easement.
Commissioner McCray inquired how many letters were sent. Mr. Terry replied the standard
publiC notification letters were sent including a second letter requesting the neighbors contact
the agent if they had questions. A third letter was an invitation to a public meeting. The radius
criteria of 400 feet was met and the mailing list was submitted. Mr. Johnson confirmed an
affidavit had been filed indicating the criteria had been met. The Deputy Clerk indicated nine
signatures had been submitted at the meeting. Commissioner McCray noted only ten people
had written objections to the project. He also inquired if adjacent property values would be
affected. Mr. Weiner did not believe it would lower property values and might possibly raise
property values.
Vice Mayor McKoy reported he was the Commissioner representing the area and lives in the
area and had not received any objections to the project, except what had been presented at
the meeting.
Commissioner Ferguson was not concerned with the density and believed due to its unique
location, setting aside 20 workforce housing units exclusively for teachers may be an option.
Mr. Weiner felt that would be difficult without an ordinance in place, but pointed out it would be
the best alternative for teachers.
Commissioner Ensler requested Mr. Livergood's comments regarding traffic. Jeff Livergood,
Director of Public Works and Engineering and a licensed professional engineer in Florida,
remarked any development would add traffic volume. Reviewing capacity is a function of the
Palm Beach County Traffic Division for concurrency and no improvements were deemed
necessary. Signal timing modification would facilitate peak periods and has been requested.
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Commissioner Ensler explained a second story would be allowed even if single family homes
were built. He felt the traffic problems were not unusual for the entire City. Commissioner
Ensler felt the roads and buffer areas on the outer edges and the buildings being centralized in
the middle was an excellent approach. More affordable homes would be made available.
Commissioner Ensler inquired if the art fee had been discussed and Mr. Weiner indicated it
could be added as a condition of approval. He also questioned the use of potable water for
irrigation and Mr. Weiner contended water capacity was not an issue, but he would be willing to
work with staff on the issue. Mike Rumpf, Planning and Zoning Director, noted the water
should be available underground.
Commissioner McCray inquired if police and fire protection would be covered with the
annexation. Mr. Johnson reported the annexation policy had been met.
Mayor Taylor voiced his opinion the transition type housing was appropriate for the area. He
recognized density was a major issue in all areas of the State. The project also would address
affordable housing for some people even though the residents are concerned.
Attorney Cherof read Proposed Ordinance No. 06-033 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-033. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed S-O.
Attorney Cherof read Proposed Ordinance No. 06-034 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-034. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed s-o.
Attorney Cherof read Proposed Ordinance No. 06-03S by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-03S. Commissioner
McCray seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cherof recommended item VIILB.l be tabled.
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Motion
Commissioner McCray moved to table item VIILB.1. Vice Mayor McKoy seconded the motion.
The motion passed unanimously.
Mayor Taylor recessed the meeting at 8:25 p.m.
Mayor Taylor reconvened the meeting at 8:34 p.m.
D.
Project:
Agent:
Owner:
Location:
Description:
912 NW 13th Avenue (Hatcher) (ZNCV 06-004)
William Hatcher
York Builder, Inc.
912 NW 13th Avenue
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section S.C.2,
requiring a minimum lot frontage of 60 feet to allow a frontage of
SO feet, a variance of 10 feet within the R-l-AA single-family
residential zoning district.
Mayor Taylor announced the applicant for item VIILD had requested his item be moved forward
as item VIILC may require a significant amount of time. There was consensus to move the
item forward.
Motion
Commissioner McCray moved to amend the agenda. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
Attorney Cherof administered an oath to all those testifying.
Ed Breese, Principal Planner, described the lot and requested variance and advised the lot
would easily accommodate the house proposed to be built. Staff recommended the variance be
granted rather than allowing a vacant lot to exist. A letter had been submitted from the
adjoining neighbor who refused to sell any of his property.
Commissioner McCray asked if a hardship had been proposed and Mr. Breese confirmed.
Stanley Rothman, 6965 Ashton Street, the applicant, related an attempt to acquire the
property was impossible. Mr. Rothman indicated the neighbor had also submitted a letter in
favor of the housing being built and the new neighbor. Commissioner McCray requested a copy
of the letter that was in staff's file.
Mayor Taylor opened the issue for comment by the public. No one coming forward, Mayor
Taylor closed the public hearing.
Motion
Commissioner Ferguson move to approve item VIILD. Commissioner McCray seconded the
motion. The motion passed unanimously.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
c.
April 18, 2006
Project:
Agent:
Owner:
Location:
Description:
Quantum Park & Village South Commercial (COUS 06-003)
Eugene Gerlica
Quantum Park & Village, LLC
Southwest corner of Gateway Blvd and High Ridge Road
Request for a conditional use/major technical site plan
modification approval to construct a total of 129 dwelling units,
distributed amongst a five story condominium building (at
approximately 6S feet in height), three mixed use buildings and a
two story apartment building. The project also proposes 18,768
square feet of office, 23,262 square feet of retail, and 39,722
square feet of restaurant on a 14.26S acre parcel on a Mixed Use
(MU) pod in the Planned Industrial Development (PID) zoning
district.
1. Quantum Park & Village South (MPMD 06-001) request for a
Master Site Plan Modification approval to construct an additional 129
dwelling units (for total of 363 dwelling units), 18,768 square feet of
office, 23,262 square feet of retail, and 39,722 square feet of restaurant
on a 26.17 acre parcel on a Mixed Use (MU) pod in the Planned Industrial
Development (PID) zoning district.
Attorney Cherof administered an oath to all those testifying. There was no objection from the
applicant to consolidate VIII.C and VIII.C.l for hearing.
Eric Johnson, Planner, reviewed the conditional use request for Quantum Park & Village
Commercial South and the master plan modification for Quantum Park & Village South which
had been approved and built out with 234 apartment units. The specific request is to construct
a five story condominium that had originally been approved as a four story condominium. Mr.
Johnson explained the Code had subsequently been approved allowing the height in mixed use
pods up to 7S feet, requiring conditional use approval over 4S feet. Staff recommended
approval of both the conditional use request and the master plan modification.
Eugene Gerlica, agent for the applicant, added the major site plan modification for the
commercial use covered some movement of areas but it was not significant. He agreed with
the conditions of approval for both items. He noted a couple of units were removed from the
five story condo to increase the setback from Gateway Boulevard.
Mayor Taylor opened the issue for comment by the public. No one coming forward, Mayor
Taylor closed the public hearing.
Commissioner Ferguson questioned if the language were changed from "approximately 6S feet"
to "under 7S feet", this request would be covered under the previous conditional use that was
granted. Mr. Johnson interjected the last technical site plan approved was for a four story
condominium and this is for a five story building.
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Mr. Bressner confirmed the modification would be subject to the art fee and Mr. Gerlica was
agreeable.
Mayor Taylor inquired about Mr. Gerlica's association with the Quantum Corporation. Mr.
Gerlica responded he was the agent for Quantum Park & Village, the owner of the land and
developer. He provides consulting services to Quantum Park & Villages. Mayor Taylor
explained he would have liked to discuss the issue of the sign for Boynton Beach High School
with the owners of Quantum Park & Village to perhaps resolve the issue. Mayor Taylor
explained the City's position in the dispute and urged Mr. Gerlica to address the issue with the
Corporation. Mr. Gerlica acknowledged the dispute and the long standing negotiations.
Unfortunately, the school district has not fulfilled its part of a settlement that had been reached
between the parties. He advised a sign could be erected at any time that would be consistent
with the Quantum Park Sign Program, but not a marquee with flashing lights, changing text and
extreme lighting. Commissioner Ensler advised a lawsuit is pending between the school board
and Quantum.
Commissioner Ensler attempted to clarify the language used in condition of approval #S4. Mr.
Johnson explained the intent of the agreement between the parties and that the language was
agreed to by the applicant. Mr. Gerlica concurred and added the language was specific for the
conditional use approval time limits.
Motion
Commissioner Ferguson moved to approve item VIII.C. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
Motion
Commissioner Ferguson moved to approve item VIILC.1. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
D.
Project:
Agent:
Owner:
Location:
Description:
912 NW 13th Avenue (Hatcher) (ZNCV 06-004)
William Hatcher
York Builder, Inc.
912 NW 13th Avenue
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section S.C.2,
requiring a minimum lot frontage of 60 feet to allow a frontage of
SO feet, a variance of 10 feet within the R-l-AA single-family
residential zoning district.
(This item was previously heard out of order.)
E.
Project:
Agent:
Owner:
Location:
1370 SW 26th Avenue (Kervern) (ZNCV 06-005)
Scott and Stephanie Kervern
Scott and Stephanie Kervern
1370 SW 26th Avenue
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Description: Request relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental
Regulations, E., requiring minimum rear setback of 8 feet from the
property line for the construction of a pool to allow a rear setback
of one foot, a variance of 7 feet within the R-l-AA zoning district.
Ed Breese, Principal Planner, explained the request for a variance including a unique
characteristic of an 80 foot canal right-of-way and sea wall that is approximately lS feet from a
fenced property line. Mr. Breese elaborated the typical concern for variances would be any
harmful impact to the neighborhood. There have been a number variances issued in the
neighborhood. Staff recommended approval and a hardship had been shown.
Scott Kervern, 1370 SW 26th Avenue, agreed with Mr. Breese's comments.
Commissioner Ensler attempted to establish ownership of the canal. Mr. Breese noted the
property line was 13 to lS feet from the canal bank owned by the City and included in the 80
foot right-of-way. The survey shows the pool lies within the applicant's property lines.
Commissioner McCray inquired about the neighbors' input, if any. Mr. Kervern reported 120+
letters had been sent out within the 400 foot radius and no responses had been received.
Commissioner McCray confirmed nothing in writing had been submitted to staff.
Mr. Bressner pointed out the chain-link fence was encroaching on public property and
questioned if a right-of-entry or arrangement with the property owner to gain access had been
drawn up. Mr. Kervern responded there are numerous fences along the canal and the
easement that allow easy access. For future reference, Mr. Bressner felt verification was
needed regarding the easement and access. Commissioner Ensler added a possible liability
issue could arise if the pool were damaged due to heavy equipment use on the easement.
Attorney Cherof observed there are seven criteria for granting a variance and all must be met.
The test for hardship is not whether the adjacent property owners consent; but rather, if you
do not grant a variance, the result would be no use of the property. He felt the better
approach when several variances are granted within a neighborhood would be to change the
Code. Attorney Cherof opined a legal hardship has not been established for this request.
Attorney Cherof also pointed out variances of this nature have been granted in the past.
Motion
Commissioner Ferguson moved to approve item VIII. E. Commissioner McCray seconded the
motion. The motion passed unanimously.
F. Commerce Bank @ Winchester Shops (NWSP 06-00S) Request for New Site Plan
approval to construct a 4,222 square foot bank and 13,700 square feet of retail
space in a C-3 zoning district.
Attorney Cherof administered an oath to all those testifying.
17
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Mr. Breese, outlined the sequence of events leading to the request for a new site plan and
reviewed the plan. Staff recommended approval with 33 conditions of approval.
Kim Glas-Castro, on behalf of Commerce Bank, agreed with all the conditions of approval
including participation in the arts program and irrigation by non-potable water sources.
Mayor Taylor opened the meeting for public comment on the item. No one coming forward the
public hearing was closed.
Motion
Commissioner McCray moved to approved item VIILF. Vice Mayor McKoy seconded the motion.
The motion passed unanimously.
G. Neptune Commerce Center (SPTE 06-003) Request for a one year time extension
for a new site plan approval granted on March 1, 200S, from March 1, 2006 to
March 1, 2007.
Mr. Breese, reviewed the request for time extension and the reasons for the request. The
reasons included the completion of the engineering and architectural drawings, application
approval from Lake Worth Drainage District and shortage of materials necessitated the
extension.
Mayor Taylor opened the meeting for publiC comment on the item. No one coming forward the
publiC hearing was closed.
Motion
Commissioner Ferguson moved to approve item VIILG. Commissioner McCray seconded the
motion. The motion passed unanimously.
Mr. Bressner inquired if the art fee would apply for an extension. Attorney Cherof responded
it would not apply, but would research the issue for future reference.
IX. CITY MANAGER'S REPORT:
A. Future location options for City Hall
Quintus Greene, Director of Development, outlined the history of the current structure in
relation to population growth. He mentioned the Police Department is working in a third of the
space required, Code Enforcement is operating out of a trailer, and hurricane damage in 2004
closed the west wing of the main building portions of which are still not in use. Mr. Greene
cautioned the roof of the main building could not withstand a minimal category three hurricane.
He noted the current layout is not customer friendly and there are limitations with adequate
parking and security measures.
Mr. Greene speculated, based on the current conditions, the issues to be addressed should be
how much space is needed and the location of a possible new City Hall. There was a space
18
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
analysis done in 2002 and, excluding the Police Department, a minimum of 6S,000 square feet
would be needed. Based on current construction costs, a new City Hall would result in a major
capital expenditure and may require a bond referendum. If relocation is necessary, an
alternative scenario would be multiple stories. A public/private partnership with a developer
would avoid a large capital outlay and obtain a new facility in the downtown area with hurricane
protection. The developer would receive a long term tenant and tax incentives that have been
embraced by at least three developers, even though legal issues would need to be resolved.
The future of the existing City Hall would be a determination for the Commission keeping in
mind it is located at an ideal retail location within the downtown area. It has been suggested to
change the zoning from Public Use to Mixed Use Low 3 allowing a mix of retail, commercial and
residential uses.
The possible options for the Commission would range from changing nothing, to the sale for
redevelopment or offering to include the property in negotiations for redevelopment. The final
decision lies solely with the Commission. Staff requested authorization to proceed with
investigation of all options.
Commissioner McCray verified some dates and requested a copy of the space needs analysis.
Commissioner Ensler requested an analysis to find additional space where needed at the
existing location downtown. He preferred maximizing the current structure and perhaps adding
on to the building. Commissioner Ferguson felt a governmental center would create an anchor
at this end of the downtown corridor. Mayor Taylor wanted to investigate all options and try to
avoid spending any large amounts. He felt the current location was prime real estate and
moving a few blocks would not diminish the downtown area. He was convinced the main
building was inadequate for the space needed and hurricane protection.
Commissioner Ensler noted the developer for Ocean One had approached him and indicated
they needed direction on the relocation of the City Hall to their location. Mayor Taylor stressed
all options should be investigated and the Ocean One project should proceed as the developer
deems appropriate. Vice Mayor McKoy agreed all the options should be fully explored.
Commissioner McCray agreed with Commissioners Ensler and Ferguson that City Hall should
remain where it is, but would entertain presenting the issue through the visioning process to
the citizens.
Commissioner Ensler reiterated it was unfair to the Ocean One project not to have some
direction from the City so they can proceed with site plan preparation. Mr. Greene stated, "For
the record, I have had one conversation, with one representative of that development
organization and that one conversation with that one representative was to the effect, would
you be willing to consider City Hall as part of this development? That was basically the thrust
of that conversation. I hardly consider that to be leaning on them."
Mayor Taylor declared a consensus was reached that staff would bring back all options.
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Meeting Minutes
Regular City Commission Meeting
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April 18, 2006
Commissioner Ensler stated, "For the record, is it acceptable that Ocean One go ahead without
considering City Hall as part of their project?" Mr. Greene replied that would be a business
decision for Ocean One.
B. Modification to Neighborhood Grants Program to Provide Funding for Permanent
Installed Generators for Clubhouses.
Mayor Taylor explained how this item had come to his attention and endorsed the concept of
communities taking personal responsibility for neighborhoods and individuals. Since the cost is
somewhat excessive the grant program was viewed as an incentive.
Mr. Bressner reported staff's recommendation and clarified the clubhouse generators would be
for the use of the particular development only to lesson the burden on the other distribution
sites. In addition, the Utilities Department is working on a program for clubhouses with a lift
station in close proximity to have a stationary generator installed for both, providing a sustained
power supply for the lift station. The Neighborhood Grants Program does have a maximum of
$S,OOO for generators and ice machines. There is a formula corresponding to the number of
people or units and the allowable dollars that can be used if that type of detail is useful.
Commissioner Ensler questioned the proportions for large developments that have more than
one clubhouse. Mr. Bressner felt there would need to be some type of priority for those
situations.
Commissioner McCray was not in favor of using public dollars for specific clubhouses if all City
residents did not have access. Commissioner Ensler inquired if the entitlement could be
expanded to churches or other facilities.
Carisse LeJeune, Assistant to the City Manager, added meeting facilities used for neighborhood
meetings that do not have clubhouses would meet the criteria as long as it was not a personal
residence.
Vice Mayor McKoy questioned the criteria for developments that share a clubhouse in an
adjacent development. Ms. LeJeune pointed out the language was purposely vague to include
as many scenarios as possible. Mr. Bressner added contractual relationships could be included.
He reminded the Commission the City provided generators to St. John's Church in the past and
other churches should be identified.
Mayor Taylor acknowledged the generators would relieve the City's responsibility in those areas,
so more resources could be funneled to the areas of greater need during hurricanes or
disasters. Vice Mayor McKoy simply wanted assurances that as many citizens as possible could
reap the benefit of the dollars spent. Mr. Bressner suggested resubmitting the item to include
the church buildings having the best capability to provide the broadest range of services for the
community.
Commissioner Ferguson admonished the beginning of hurricane season is six weeks away and
the matter needs to be expedited. Vice Mayor McKoy suggested letters be sent to the
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
associations to receive feedback on the issue. Mr. Bressner felt a survey may be appropriate to
gather data.
X. FUTURE AGENDA ITEMS:
A. Discussion of Community Redevelopment Agency Board - May 2, 2006
B. Requirement for underground utility lines for all new development - May 2, 2006
C. Possible consolidation of the Education Advisory Board and the Advisory Board
on Children and Youth - May 16, 2006
D. Increasing Community Investment Funds - May 2006
E. Cellular 911 Dispatch - May 2006
Commissioner McCray requested the date of May 16th be added to items X.D and X.E.
F. Utility Service Area Analysis - June 2006
G. Review of Recreation & Park Fees - June 2006
H. Stand-by Power Requirements for gasoline stations - June 2006
XI. NEW BUSINESS:
A. State of City Address protocol and comments.
Commissioner McCray understood the Mayor and Commissioner Ferguson were ill, Vice Mayor
McKoy was unavailable and Commissioner Ensler's spouse was ill. He had inquired of the City
Attorney if a City Manager had ever given the State of the City Address for Boynton Beach.
Attorney Cherof did not find any reference of that happening; however, written reports were
submitted by the City Manager and channeled through the Commission. Commissioner McCray
felt offended by the comment regarding his non-appearance. He expressed his opinion the
State of the City Address should have been given by an elected official of the City and chose not
to attend. He was not amused by the City Manager's comment he was the City Commission
because none of the elected officials attended. Commissioner McCray announced he would not
attend functions where the City Manager speaks for elected officials and protocol should be
followed.
Mayor Taylor explained he was personally invited by the Chamber of Commerce to give the
State of the City address and could not attend. He had responded the address could be
delayed until he was able, but understood advertisements had been published and cancelling
would not have been a viable option. Mayor Taylor suggested sending a representative to
deliver his comments and the Chamber of Commerce agreed. His first choice was the Vice
Mayor who was out of town and he chose the City Manager to deliver the address. Mayor
21
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Taylor was not aware of any protocol for the State of the City address and felt it was a personal
invitation by the Chambers of Commerce to him and he could choose his own replacement.
Commissioner Ferguson was mildly disappointed by the unilateral decision and believed advising
the other members of the Commission would have been appropriate. Vice Mayor McKoy
clarified he was chairing the Palm Beach County League of Cities monthly meeting as the
Interim President.
B. Discussion of letter from Compson Associates dated April 10, 2006.
Commissioner McCray had listed the item on the agenda based on the letter received and
acknowledged the response by the City Manager and subsequent email from Compson
Associates as being satisfied with the response. He was still concerned about serious
unresolved issues within the Building Department particularly as it relates to pending problems
with The Crossings development and hurricane damage repairs. Other citizens have
complained about permitting delays and other repair issues.
Christopher DeLiso, President of the Homeowners Association at "The Crossings",
reviewed his contact with the Building Department with reference to a wall and truss damage
to a building during the last hurricane. Drawings had been requested on several occasions and
permits were denied for various reasons. Mr. DeLiso placed several calls to the City and
received only one response from Tim Large. He felt the requests were nit picking and very
costly for "The Crossings". In his view, the Building Department is not user friendly for
individuals or developers who pay all the special assessments. Common sense does not seem
to be applied when decisions of the Building Department impact personal lives and homes.
Mr. Bressner responded that statutorily he has no control over building codes and enforcement
of building codes. Attorney Cherof concurred and explained it prevents interference by a City
Manager or a City Commission from interfering with a building official. Mr. Bressner explained
he had attempted to negotiate a solution to eliminate another entire drawing be submitted by
the contractor, by simply noting his intention to repair on the drawing itself. Mr. DeLiso
interjected his certified letter from the Building Department and Mr. Bressner's proposed
solution were totally different. He further contended the City Manager did have control over the
contract of Quintus Greene and Nancy Bryne.
Commissioner Ferguson was concerned that the Building Department was not user friendly and
reported he had received that complaint on a regular basis for many years. Vice Mayor McKoy
agreed he had received the same complaint to the extent people do not want to do business
with the City due to the problems, concerns and delays with the Building Department.
Commissioner Ensler had been contacted by developers who reportedly had been told the
backlog is extensive.
Mr. Bressner admitted he could deal with personnel issues if that was the problem. A new
Building Official had been hired and the expectation of the elected officials needs to be made
clear to all personnel regarding the level of customer service. Mr. Bressner accepted
22
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
responsibility for that issue. Mayor Taylor felt all issues or questions should be noted when the
permit application is first submitted.
Mr. Greene commented in his six year tenure customer service had been one of the highest
priorities. The ability to hire and retain qualified staff has hindered the staff's ability to
efficiently process the volume of permit applications. Mr. Greene noted the previous Building
Official had stepped down due to the pressure of the position and volume of work. A record
number of permit applications have been processed by using contract services. In regard to the
"The Crossings" issue, Mr. Greene responded the damage was such that engineers, drawings
and licensed contractors would be required. He reviewed the chronology of events in relation
to the permit for the work to be done, and explained the responsibilities of the parties and the
process.
Mayor Taylor summarized the process had taken six months and is still unresolved which
indicates the process is not working. He asked how many roofing permits were still outstanding
and Mr. Greene could not give a definitive answer. He noted the application did not come into
his department until 2006 and over 2,000 applications had been submitted prior to the subject
application. Mayor Taylor recalled questions were raised during the budget process relating to
staffing needs and Mr. Greene had responded compensation was an issue. The Mayor
requested a solution to solve the apparent problem.
Commissioner Ensler concluded a process was needed to fast track hurricane damage. Mr.
DeLiso offered the solution was the use of common sense by the plan reviewers. He also
contended retaliation was a concern. Mr. DeLiso insinuated Commissioner Ensler favored the
staff. Commissioner Ensler was emphatic he represented the citizens of the City and the
problem needs to be resolved.
Vice Mayor McKoy indicated, based on the comments he had received, the Building Department
had failed in providing excellent customer service. He made it known the City Manager was
responsible for customer service and would be held accountable.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. 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.
Attorney Cherof read Proposed Ordinance No. 06-029 by title only.
Mayor Taylor requested public comment. No one coming forward, Mayor Taylor closed the
public hearing.
23
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-029. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed s-o.
2. Proposed Ordinance No. 06-030 RE: Annexing
1.341 acres of land that is contiguous to the City Limits constituting a
reasonably compact addition to the City boundaries. (Tuscan Villas)
Attorney Cherof read Proposed Ordinance No. 06-030 by title only.
Mayor Taylor requested public comment. No one coming forward, Mayor Taylor closed the
public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-030. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed s-o.
3. Proposed Ordinance No. 06-031 RE: Amending the
Future Land Use Element of the Comprehensive Plan for a parcel owned
by Tuscan Villas, from Palm Beach County Commercial High, with an
underlying Medium Residential S units per acre (CH/S) to Special High
Density Residential (SHDR). (Tuscan Villas)
Attorney Cherof read Proposed Ordinance No. 06-031 by title only.
Mayor Taylor requested public comment. No one coming forward, Mayor Taylor closed the
public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-031. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed S-O.
4. Proposed Ordinance No. 06-032 RE: Amending
Ordinance 02-013 to rezone a parcel of land located on the east side of
Federal Highway approximately 1,100 feet north of Gulfstream Blvd. from
Palm Beach County Commercial General (CG) to Infill Planned Unit
Development (IPUD). (Tuscan Villas)
24
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Attorney Cherof read Proposed Ordinance No. 06-032 by title only.
Mayor Taylor requested public comment. No one coming forward, Mayor Taylor closed the
public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-032. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed S-O.
a. Tuscan Villas (aka The Villas at Boynton Beach) (NWSP
06-002) Request new site plan approval to construct 22
townhouse style condominium units and related site
improvements on 1.407 acres in the I nfi II Planned Unit
Development (IPUD) zoning district. (Tabled to 4/18/06)
Motion
Commissioner McCray moved to remove item XII.AA.a. from the table. Vice Mayor McKoy
seconded the motion. The motion passed unanimously.
Mayor Taylor requested public comment. No one coming forward, Mayor Taylor closed the
public hearing.
Motion
Commissioner Ferguson moved to approve item XII.Ao4.a. Commissioner McCray seconded the
motion.
Commissioner Ensler inquired if the conditions of approval included the Art in Public Places
requirement. Mr. Rumpf replied it was not included; however, the Ordinance would apply to
the project.
Wendy Tuma, Urban Design Studio, acknowledged they would comply with the Ordinance.
Vote
The motion passed unanimously.
B. Ordinance - 1st Reading
1. Proposed Ordinance No. 06-036 RE: Repealing
Article III, of Chapter 18 of the Boynton Beach Code of Ordinances,
entitled "Pensions for Police Officers," and adopting a new Article III in
replacement, thereof to be entitled "Municipal Police Officers' Retirement
Trust Fund".
25
Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
Attorney Cherof read Proposed Ordinance No. 06-036 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-036. Vice Mayor McKoy
seconded the motion.
Commissioner Ensler had requested further financial analysis that he had not yet received to
enable him to make a decision.
Commissioner McCray rescinded his motion.
Motion
Commissioner Ferguson requested a report on the impact if all City pension funds went to 3.S%
and proposed item XII.B.l be tabled. Commissioner McCray seconded the motion.
Commissioner Ensler felt a comparison with other cities would be useful. He contended the
financial analysis was improper as it represented a point in time only, without a long term
analysis.
Mr. Bressner indicated a ten year analysis would be prepared along with clarification on the
impact of the proposed changes for all the funds.
Attorney Cherof directed there could be no discussion on a motion to table.
Vote
The motion to table item XII.B.l passed 4-1. (Mayor Taylor dissenting.)
2. Proposed Ordinance No. 06-037 RE: Amending
Section 18-181 of the Boynton Beach Code of Ordinances to expand the
Firefighter Pension Board's investment authority by raising the cap on
equity holdings, and amending Section 181.1 to permit investment in
foreign securities, as permitted by state law.
Attorney Cherof read Proposed Ordinance No. 06-037 by title only.
Motion
Commissioner Ferguson moved to approve item XII.B.2. Commissioner McCray seconded the
motion.
Vote
City Clerk Prainito called the roll. The motion passed S-O.
C. Resolutions:
None
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Meeting Minutes
Regular City Commission Meeting
Boynton Beach, FL
April 18, 2006
D. Other:
None
XIII. UNFINISHED BUSINESS:
A. Reconsideration of Resolution No. R06-0S7 declaring the public necessity of
acquiring the commercial condominium units designated as suites 101, 102, 104
and 209 within the First Financial Plaza for the purpose of acquiring fee simple,
required for the elimination of blight and slum and future construction of
improvements to the City's original Redevelopment area and for vehicular and
pedestrian access and public parking within the City of Boynton Beach, FL.
Commissioner Ferguson related he had requested reconsideration of the resolution based on his
review of the language relating to the parking spaces appeared to be de facto recognition of a
site plan. He believed 2,000 public places east of Federal Highway and SOO west of Federal
Highway along the railroad tracks were needed.
No other comments were offered.
Motion
Commissioner Ferguson moved to reconsider Resolution No. R06-0S7. The motion died for lack
of a second.
XIV. ADJOURNMENT:
There being no other matters to come before the Commission, Mayor Taylor adjourned the
meeting at 10:38 p.m.
CITY OF BOYNTON BEACH
ATTEST:
~ne' /J
I(,,~r i'L~L~
E'
CommiSSion~' C. ~ h-..-.../
puty City Clerk
(042006)
27
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
oevelopment
P&Z
eulldlng
Enlllneerlng
Occ. \..1C:ce~lyeC'erk
oeputY
----==-
PROJECT NAME:
Tuscan Villas (aka Villas at Boynton Beach)
APPLICANT'S AGENT:
Wendy Tuma I Urban Design Studio
APPLICANT: James Paisley I Tuscan Villas at Boynton Beach, LLC
APPLICANT'S ADDRESS: 217 Fortuna Drive Palm Beach Gardens, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2006 I
tarpr."L ,. ~OO'-
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 22 townhouse-style
condominium units on a 1.341-acre parcel in the IPUD Infill Planned
Unit Development zoning district
LOCATION OF PROPERTY: On the east side of Federal Highway, approximately 1,100 feet north of
Gulfstream Boulevard (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" A IT ACHED 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:
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 Applica!)t
-LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The ApplicSlnt'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.
Other
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EXHIBIT "C"
Conditions of Approval
Project name: Tuscan Villas
File number: NWSP 06-002
Reference: 3rd review plans identified as a New Site Plan with a February 28. 2006 Planning & Zoning date
stamp marking
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments:
1. At the time of permitting, add stop bares), stop sign(s), and double yellow X
lane separators on the north and south side of the main entrance into the
development (on the internal road)
2. Insufficient space is provided to allow gating of the community, now or in the X
future.
3. Add a handicap space adjacent to the pool area. X
ENGINEERING DIVISION
Comments:
4. Lighting is only required for public parking. The street lighting is not X
required, just recommended,
5. Sight triangle clearance two (2) feet - six (6) inches to eight (8) feet X
clearance. The sight triangles need to be shown on the landscape plans at the
time of permitting - use FDOT standards.
UTILITIES
Comments:
6. The City's water capacity, as increased through the purchase of up to 5 X
million gaUons of potable water per day from Palm Beach County Utilities,
would meet the projected potable water for this project (project estimated to
require a total of 9,560 gallons per day). Local piping and infrastructure
improvements may be required, especially on the water delivery system for
the project, depending upon the final project configuration and fire-flow
demands. These local improvements would be the responsibility of the site
developer and would be reviewed at the time of permitting. Sufficient
sanitary sewer and wastewater treatment capacity is currently available to
serve the projected total of 4,300 gaUons per day, subject to the applicant
making a firm reservation of capacity, foJJowing approval of the site plan.
COA
03/06106
2
DEPARTMENTS
I I
INCLUDE REJECT I
7. At the time of pennitting, all utility easements shall be shown on the rectified X
site plan and landscaping drawings so that staff can detennine 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. LDR Chap, 7.5, Art. I, Sec. 18.1 give public utilities the authority to
remove any trees that interfere with utility services, either in utility easements
or public rights-of-way.
8. Palm Beach County Health Department pennits will be required for the water X
and sewer systems serving this proiect (CODE Sec. 26-12).
9. At the time of permitting, fire flow calculations will be required X
demonstrating the City Code requirement of 1,500 g.p.m. (500 g.p,m, on
certain residential developments) with 20 p,s.i. residual pressure as stated in
LDR Chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance
underwriters, whichever is greater (see CODE Sec. 26-16(b)). A single 6-
inch (assumed) stub line connection does not yield this requirement.
Consider looping a new 8-inch water main back into the existing 8-inch in
Federal Highway, with routing along side of Unit #16 (or ideally in the
replacement of Unit #16).
10. CODE Sec. 26-34(E) requires that a capacity reservation fee be paid for this X
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. The new time line requires payment within seven
(7) days.
11. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. City water may not, therefore, be used for irrigation where other
sources are readily available. As the project is close to the Intracoastal, if
brackish water is encountered, then city water may be approved for landscape
irrigation,
12. 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). Insufficient information has been provided regarding manhole
depth to detennine final sanitary sewer utility easement widths. Sanitary
easements are assumed to be twice the depth of the manhole (deeper) depth.
A 10-foot separation IS required between water and sewer m shared
easements, The minimum easement width is 12 feet. An administrative
waiver will be required for variations to the separation widths.
COA
03/06/06
3
I
DEPARTMENTS INCLUDE REJECT
13. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with CODE Sec. 26-15.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments:
14. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBC.
15. 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.
16. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Tab]e
] 607.1. Indicate the live load (pst) on the plans for the building design.
17. Bui]dings 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,
18. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
19. 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. 373.2]6.
20. If capita] facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be X
provided at the time of building permit application:
A The full name of the project as it appears on the Deve]opment Order and
the Commission-approved site plan.
COA
03/06/06
4
- I I
DEP ARTMENTS INCLUDE REJECT
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
21. 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 ofpennit review.
22. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property, The following information
shall be provided:
A A legal description of the land.
B The full name of the project as it appears on the Development Order and
the Commission-approved site plan,
C If the project is a multi-family project, the building numberls must be
provided, The building numbers must be the same as noted on the
Commission-approved site plans.
D The number of dwelling units in each building.
E The total amount being paid,
(CBBCO, Chapter I, Article V, Section 3(f))
23. 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.
24. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
PARKS AND RECREATION
Comments:
25. Park Impact Fee - 22 single-family, attached units @ $771.00 = $16,962 due X
prior to the issuance of the first permit.
COA
03/06/06
5
DEPARTMENTS INCLUDE REJECT
FORESTER/ENVIRONMENT ALIST
Comments:
26. The Landscape Architect should tabulate the total diameter inches of existing X
trees on the site. The tabular data should show the individual species
diameters of trees proposed to remain in place, be relocated throughout the
site, or removed / replaced on site, All desirable species (Live Oak,
Mahogany) must be relocated rather than removed if the trees are in good
health. These trees should be shown by a separate symbol on the landscape
plan sheets 3 of 3, [Environmental Regulations, Chapter 7.5, Article I Sec,
7.D.p.2.
PLANNING AND ZONING
Comments:
27. Approval of this project is contingent upon the approval of the accompanying X
request for annexation (ANEX 06-002) and land use amendment / rezoning
(LUAR 06-002).
28, The Palm Beach County Traffic Division determined that the proposed X
redevelopment project is located within the county designated "Coastal
Residential Exception Area", and therefore, meets the Traffic Performance
Standards of Palm Beach County. No building permits are to be issued after
the 2010 build-out date.
29. No individual swimming pools or screened enclosures are proposed (or X
shown on the plans) and its omission should be noted as such on the plans
and within the Home Owners Association documents, Likewise, the
developer does not intend to screen-in the balconies either.
30. The buffer wall / fence may not exceed six (6) feet in height (Chapter 2, X
Section 4.J.1.). The decorative caps cannot exceed seven (7) feet in height.
31. At the time of permitting, the site plan tabular data shall be revised to indicate X
the correct building height.
32. All signage IS subject to review and approval of the Community X
Redevelopment Agency and City Commission. The subdivision
identification sign face may not exceed 32 square feet in area (Chapter 21,
Article N, Section I.D).
33. Staff recommends relocating the utilities (proposed along the lO-foot wide X
east landscape buffer) four (4) feet to the west so that the easement does not
overlap with the landscape buffer thereby allowing canopy trees within said
buffer.
COA
03/15/06
6
I I
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS:
-
Conunents:
34. Improve upper portion of elevations on buildings fronting US-l (buildings X
"A" and "B") with enhancements such as balconies, greater roof articulation,
faux features, decorative medallions, etc. Enhance ends of said buildings
similarly, and include additional trees at heights proportional to buildings.
35. Re-evaluate location of wall proposed within east landscape buffer X
considering maintenance of outer edge of wall and landscape materials.
36. Review ultimate project lighting for proper fixture height, shielding, X
orientation and intensity to mitigate light spillage and glare.
ADDITIONAL CITY COMMISSION COMMENTS:
Conunents:
35. To be determined. ~n
MWRlelj
S:\Planning\SHARED\WP\PROJECTS\Tuscan Villas\NWSP 06-002\COAdoc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Ollvelopm."t
P&Z
BUlld!ll"
Enolr\..rh'~
Oeo. ~IG'""
Deputy City Clerk
PROJECT NAME:
Neptune Commerce Center
APPLICANTS AGENT:
William Wietsma
APPLICANTS ADDRESS: 578 Palm Way, Gulfstream, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a 16,482 square foot
industrial building in an M-1 zoning district, for one (1) year,
to March 1, 2007
LOCATION OF PROPERTY: South side of Neptune Drive, approximately 1,300 feet east of
Congress Avenue
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
>C 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
X 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:
4- -'c!) 1- 0 ~'1
S:\Planning\SHARE D\WP\PROJECTS\Neplune Commerc
EXHIBIT "e"
Conditions of Approval
Project name: Neptune Commerce Center
File number: SPTE 06-003
Reference:
I DEP ARTMENTS 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
u ~
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. All previous Conditions of Approval as set forth in the original site plan X
approval (NWSP 05-006) remain in effect.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2, Prior to issuance of permit, provide updated traffic concurrency approval X
letter from Palm Beach County Traffic Engineering.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. lJ7 ../T"l1 {J ~
S:\PJanning\SHARED\WP\PROJECTS\Neplune Commerce Ctr\NWSP 05-006\SPTE\Condilion of Approval 2 page -P&D 2004 form.doc
, EXHIBIT A
Neptune Commerce Center
Site Plan Approval
:
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II)
II)
III
Ill:
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o
u
NEPTUNE
SUMMIT
.
.........................................................................t
18TH
rr "'?/
c<
, ('
- -
o 220 440
880
1,320
Feel
1,760
6
N
PROJECT NAME:
DEVELOPMENT ORDER OF THE CITY COMMISSION OF TH velopment~
CITY OF BOYNTON BEACH, FLORIDA ~e& Z
BuildIng
Engineering
Occ. LIcense
Deputy City Clerk
Commerce Bank
APPLICANT'S AGENT: Kim Glas-Castro of Ruden McCloskey
APPLICANT'S ADDRESS: 222 Lakeview Avenue # 800 West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct a 4,222 square foot bank
and 13,709 square feet of retail space on a 2.40-acre parcel.
LOCATION OF PROPERTY: 389 Winchester Park Blvd.
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: 4(~/-ob
S:\Planning\SHARE D\WP\PROJECTS\Commerce Bank\NWSP\DO .doc
EXHIBIT "e"
Conditions of Approval
Project name: Commerce Bank
File number: NWSP 06-005
Reference: 2nd review plans identified as a New Site Plan with a February 28,2006 Planning & Zoning date
k"
stamp mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments:
1. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. Please provide a time line that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the timeline should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
3. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12),
4. Fire flow calculations will be required at the time of permitting X
demonstrating the City Code 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)).
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.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
6. 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.
7. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
8. Utility construction details will not be reviewed for construction 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:
9. Because the retail building will be in excess of 12,500 square feet, an X
approved NFP A 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.
10. Provide hydraulic calculations for this site that include water for both the X
fire sprinkler system and the fire hydrants. At least one new hydrant will be
required for this project. No portion of the building shall be further away
than 200 feet from a hydrant.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
II. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
12. Please note that changes or revisions to these plans may generate additional X
I DEP ARTMENTS I INCLUDE I REJECT !
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.
13. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X
Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles
on Boynton Beach Blvd. and City Standard P-14 for the sight triangles on
Winchester Park Blvd.
14. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
IS. Paving, Drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
16. 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.
17. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 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.
18. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
19. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape irrigation where other sources are
readily available,
20. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S, 373.216.
I
Conditions of Approval
4
DEPARTMENTS
I INCLUDE I REJECT I
21.
If capital facility fees (water and sewer) are paid in advance to the City of
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.
If the project is a multi-family project, the building number/s must be
provided, The building numbers must be the same as noted on the
Commission-approved site plans.
The number of dwelling units in each building.
The number of bedrooms in each dwelling unit.
The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
.
.
.
.
.
22.
At time of permit review, submit separate surveys of each lot, parcel, or
tract. For purposes of setting up property and ownership in the City
computer, provide a copy of the recorded deed for each lot, parcel, or tract.
The recorded deed shall be submitted at time of permit review,
23.
The full address of the project shall be submitted with the construction
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
PARKS AND RECREATION
Comments:
24. Irrigation coverage should be 110%, have separate bubblers for each trees, X
separate zones for planting and sod areas, and use a non-potable water
source.
FORESTER/ENVIRONMENTALIST
Comments:
25. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings and parking
lot from the Boynton Beach Boulevard and Winchester Boulevard road
rights-of-ways. The cross-sections and plant specifications should be
amended to reflect the appropriate Slze plant material necessary to
adequately screen the parked cars.
X
X
X
DEPARTMENTS INCLUDE REJECT
26. 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:
27. Provide paint swatches including manufacture, paint name and color X
number for the elevations of all buildings (Chapter 4, Section 7.D.).
28. The landscape buffers along the rights-of-way must be a minimum of 7 feet X
in width and contain a combination of colorful groundcover plants and a
minimum of two (2) colorful shrub species, which will function as a
continuous hedge (Chapter 7.5, Article II, Section S.D.).
29. Please provide a detail of the typical freestanding outdoor lighting fixture, X
including the overall height, exterior finish and color(s). The design, style,
and illumination level shall be compatible with the building design (height)
and shall consider safety, function, and aesthetic value (Chapter 9, Section
10.F.1.).
30, The decorative wall tiles previously depicted on the front and sides of the X
retail building should be restored on the approved plan and carried through
onto the rear of the building, in the space between the reveal and the parapet
banding, in order to fill in the blank wall space.
31. Understand that should the properties be divided and sold at some point in X
the future, appropriate setbacks, landscape buffers, parking counts and other
site issues must be taken into consideration,
32. Cross-access, cross-parking, drainage, and utility easements need to be X
considered in any property transactions that could separate the bank parcel
from the retail building,
33. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
I
Conditions of Approval
6
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
l. To be determined. ~/
S :\Planning\SHARED\ WP\PROJECTS\Commerce Bank\NWSP\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
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EXHIBIT B
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
p&Z
BulldlnQ .
Engineering
Occ license
Oeput'1 City Clerk
--==::;;;;;-
Neptune Commerce Center
PROJECT NAME:
William Wietsma
APPLICANT'S AGENT:
APPLICANT'S ADDRESS: 578 Palm Way, Gulfstream, FL 33483
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request Site Plan Time Extension approval for a 16,482 square foot
industrial building in an M-1 zoning district, for one (1) year,
to March 1, 2007
lOCATION OF PROPERTY: South side of Neptune Drive, approximately 1,300 feet east of
Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED 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:
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 AP~t
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3,
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
/' GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7,
Other
4-~/-o&
S:\Planning\SHARED\WP\PROJECTS\Neptune Commerce Ctr\ WSP
EXHIBIT "e"
Conditions of Approval
Project name: Neptune Commerce Center
File number: SPTE 06-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
L All previous Conditions of Approval as set forth in the original site plan X
approval (NWSP 05-006) remain in effect.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
2. Prior to issuance of permit, provide updated traffic concurrency approval X
letter from Palm Beach County Traffic Engineering.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
3. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Neptune Commerce Ctr\NWSP 05-006\SPTE\Condition of Approval 2 page -P&D 2004 form.doc
, EXHIBIT A
Neptune Commerce Center
Site Plan Approval
en
en
w
Ill:
o
Z
o
u
NEPTUNE
SUMMIT
.
.......................................................u................t
18TH
680
Feet
1,760
~
N
220 440
1,320
o
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
p&Z
Building
Engineering
Occ. License
Deputy City Clerk
--==::=;;;-
PROJECT NAME:
1370 SW 26th Avenue (Kervern Variance)
APPLICANT'S AGENT:
Scott & Stephanie Kervern
APPLICANT'S ADDRESS: 1370 SW 26th Avenue, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E., requiring a
minimum rear setback of 8 feet from the property line for the construction of a pool, to
allow a rear setback of 1 foot, a variance of 7 feet within the R-1-AA Single-family
Residential zoning district.
LOCATION OF PROPERTY: 1370 SW 26th Avenue
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
dHAS
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:
~l-<.11-0h
P/L'Q.u'
S:\Planning\SHARED\WP\PROJECTS\1370 SW 26th Avenue (Kervern)\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: 1370 SW 26th Avenue
File number: ZNCV 06-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
I. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: I I
I I. To be determined. ~ I
S:\Planning\SHARED\WP\PROJECTS\1370 SW 26th Avenue (Kervern)\COA.doc
.
1 in. = 124.0 feet
--- -j
I
--~~~~~
1370 SW 26th Avenue (Kervern Variance)
EXHIBIT A
LITTON LAND SURVEYORS
500 GULFSTREAM BOULEVARD, SUITE # 209 - DELRAY BEACH, FLORIDA 33483
561-276.7575 (OFFICE) - 561.276-6621 (FAX) LmONLS@BELLSOUTH,NET
PROUDLY SERVING PALM BEACH, BROWARD, DADE, MARTIN AND ST. LUCIE COUNTIES
WITH OVER 30 YEARS EXPERIENCE
s- -(t ---.-: -
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,
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,
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20' PAVEMENT 50' TOTAL R/W
(/),
2.00'
!'"
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R:l095.00
r l:66.68
Too:33.35
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15' PARKWAY
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CANAL
SCALE: 1" = 20'
REVISION:
-- - . . "-.-------.
SHEET 2 OF 2 SHEETS
LEGEND:
@ PHONE BOX ru., PO\l(R POlE f.iJ CATCH BASIN ~rrRE HYDRANI -<>--<>-- ALUMINUM rElleE -.-.- CHAIN LINK rENCE
tv. CADLE BOX I) L1c.HI POlE 0N> VAfER HEIER I~ SAN. HANHOlE ----- OYERflEAD VIRE ---.- WOOD rENCE
JOe No. OJ- 12448-002 DA IE: I I ORAWIl fly: J.YASOUEZ CHECKED flY: R.l. r.e.jPC.
r~E No. 03-12448-002 05 OJ OS ritE
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EXHIBIT B
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
912 NW 13th Avenue (Hatcher Variance)
---
I Development ,
P&1.
Building
Engineering
~~~ui~tc~~eCler\l
APPLICANT'S AGENT:
William Hatcher
---=::::;;-
APPLICANT'S ADDRESS: 400 West Atlantic Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11.1.C.3" requiring a minimum lot frontage of 60 feet, to
allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning
district.
LOCATION OF PROPERTY: 912 NW 13th Avenue Boynton Beach, FL
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:
t/ -.()./-ob
S:\Planning\SHARED\WP\PROJECTS\912 NW 13th Avenue (Hatcher)\DO.doc
EXHIBIT "C"
Conditions of Approval
Project name: 912 NW 13th Avenue
File number: ZNCV 06-004
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1.10 be determined. 'tunt a
S:\Planning\SHARED\ WP\PROJECTS\912 NW 13th Avenue (Hatcher)\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
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1 in. = 167.2 feet
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EXHIBIT A
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Development
P&Z
Building
Engineering
Quantum Park & Village South Commercial (MPMD 06-001) Occ, LlcensG
Deputy City Clerk
Mr. Eugene A. Gerlica, P.E.
APPLICANT'S AGENT:
APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101 Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 18, 2006
TYPE OF RELIEF SOUGHT: Master site plan modification approval to construct an additional 129
dwelling units (for total of 363 dwelling units), 18,768 square feet of
office, 23,262 square feet of retail, and 39,722 square feet of restaurant
on a 26.17 -acre parcel on a Mixed-Use (MU) pod in the Planned
Industrial Development (PID) zoning district.
LOCATION OF PROPERTY: Generally located approximately 165 feet west of the southwest corner
of Gateway Boulevard and High Ridge Road (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 Applical}t's application for relief is hereby
~GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
Jf-&I-Dfo
S:lPlanningISIlAREDlWPIPROJECTSIQuantum Park & VillagelSBMP 02-001 southIMPMD 06-001100 doc
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park & Village South Commercial
File number: MPMD 06-00 I
Reference: 2Tldreview plans identified as a Master Plan Modification with a March 7, 2006 Planning & Zoning
date stamp marking.
I H
DEP ARTMENTS 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
I
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The accompanying site plan (COUS 06-003) proposes 18,768 square feet of X
COA
03/24/06
2
DEPARTMENTS INCLUDE REJECT
office, 23,262 square feet of retail, and 39,722 square feet of restaurant.
However, the master site plan tabular data indicates that 27,069 square feet
of office, 36,516 square feet of retail, and 20,750 square feet of restaurant is
proposed. The master site plan tabular data conflicts with the technical site
plan. Both plans should match each other and the discrepancy between the
two (2) must be rectified.
2. The Quantum Park & Village South Master Plan requires 937 parking X
spaces and provides 1011 parking spaces, a net surplus of 74 parking
spaces. This should be noted as such on the master site plan tabular data at
the time of permitting. The parking methodology can be derived from the
accompanying staff report (pZ 06-058).
3. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency.
4. On February 3, 2006, staff had received confirmation from the Traffic X
Division of Palm Beach County that the proposed project is part of the
previously approved Quantum DRl, and therefore, meets the Traffic
Performance Standards of Palm Beach County. However, the allocation of
commercial square footage changed between the office, retai I, and
restaurant uses since when the County reviewed the impact statement. Also,
an exclusive east-bound right-turn lane onto the project's main access
driveway on Gateway Boulevard would have to be provided and no building
permits are to be issued after the build-out date of 2007. Therefore, an
updated Traffic Performance Standards review letter will be required at the
time of permitting.
5. No portion ofthe development may drain into the sand pine preserve area. X
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
6. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
7. To be determined. '-I11'r71.0
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\MPMD 06-001\COA.doc
Exhibit 'A' - Location Map
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
!
Development
P&Z
Building
Engineering
Quantum Park & Village South Commercial (COUS 06-003) Occ. L1cce,ntseClerk
Deputy Y
Mr. Eugene A. Gerlica, P.E.
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS: 2500 QuaQ:~m lakes Drive, Suite 101 Boynton Beach, Fl 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
April 18, 2006
TYPE OF RELIEF SOUGHT: Conditional use I major technical site plan modification approval to
construct a total of 129 dwelling units, distributed amongst a five (5)-
story condominium building (at approximately 65 feet in height), three
(3) mixed-use buildings, and a two (2)-story apartment building. The
project also proposes 18,768 square feet of office, 23,262 square feet of
retail, and 39,722 square feet of restaurant on a 14.265-acre parcel on a
Mixed-Use (MU) pod in the Planned Industrial Development (PID)
zoning district.
lOCATION OF PROPERTY: Generally located approximately 165 feet west of the southwest corner
of Gateway Boulevard and High Ridge Road (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: . . [
6.
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 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 Applic3jlt'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.
All further development on the property shall be made in accordance with the
and conditions of this order.
Other
t/-('Q I-Ob
S:IPlanningISHAREDlWPIPROJECTS\Quantum Park & VillagelSBMP 02.001 south\
EXHIBIT "C"
Conditions of Approval
Project name: Quantum Park & Village South
File number: COUS 06-003
Reference: 2nd review plans identified as a Maior Site Plan Modification! Conditional Use with a March 7,
2006 Planning and Zoning date stamp marking
I II
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. At the time of permitting, revise the plans to extend pavement to enclosure X
location.
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments:
2. Revise and provide a SFWMD permit which includes the added impervious X
area(s).
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. Palm Beach County Health Department permits will be required for the water X
,
and sewer systems serving this project (CODE, Section 26-12).
6. 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.
7. Water and sewer lines to be owned and operated by the City shall be included X
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03/24/06
2
i
DEPARTMENTS INCLUDE REJECT
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).
8. This office will not require surety for installation of the water and sewer X
utilities, on conditions 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.
9. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
10. The depicted easements for the sanitary sewer system are not wide enough for X
the depth of the manholes. Assume the width of the easement to be two times
the depth of the manhole (a 12-ft. deep manhole would have a 24-ft. wide
easement. ) Evaluate the width for all easements to minimize the number of
changes in easement width. For shared easements provide a minimum of 6-ft.
on the outside of the water line side.
11. 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:
12. Provide the fire hydrant layout for this project with the hydrants clearly X
shown. Show all water supply lines for fire protection and hydraulic
calculations.
13. No part of any building shall be more than 200 feet from a fire hydrant. X
14. Water supply must be verified. Gallon adjustments must be made if there is X
insufficient pressure.
15. A maximum 400- foot road travel allowed between fire hydrants. X
16. All buildings are required to have an approved NFP A 13 or 13D fire sprinkler X
system.
POLICE
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I II
DEPARTMENTS INCLUDE REJECT
Comments: None X
BUILDING DIVISION
Comments:
17. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBC.
18. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifying compliance with the above
code sections and the 2004 FBC, Table 503.
19. 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.
20. 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 (pst) on the plans for the building design.
21. 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.
22. At the time of pennit review, submit details of reinforcement of walls for the future X
installation of grab bars as required by the FFHA, Title 24 CFR, Part 100.205,
Section 3, Requirement #6. All bathrooms within the covered dwelling unit shall
complv.
23. If an accessible route has less than 60 inches clear width, then passing spaces X
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. 2004 FBC, Section 11-4.3.4.
24. 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
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03/24/06
4
DEPARTMENTS
INCLUDE REJECT
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).
25. 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.
26. 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.
27. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
28. 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.
29. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
A A legal description of the land.
B The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
C If the project is a multi-family project, the building number/s must be
COA
03/24/06
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DEPARTMENTS
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
D The number of dwelling units in each building.
E The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
INCLUDE REJECT
30. 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.
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 permit application at the time of application submittal.
33. The five-story condominium meets the definition of a threshold building per X
F.S. 553.71(7) 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 permit
application:
A The structural inspection plan must be submitted to the enforcing agency
prior to the issuance of a building permit for the construction of a
threshold building.
B All shoring and re-shoring procedures, plans and details shall be
submitted.
C All plans for the building that are required to be signed and sealed by the
architect or engineers of record shall contain a statement that, to the best
of the architect's or engineer's knowledge, the plans and specifications
comply with the applicable fire safety standards as determined by the
local authority in accordance with this section and F.S. Section 633.
34. Accessible space under stairs shall comply with 2004 FBC, Building Code, X
Residential, Section R311.2.2.
35. The condominium shall comply with all the requirements of the FFHA and X
the Florida Fair Housing Act.
PARKS AND RECREATION
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03/29/06
6
DEPARTMENTS INCLUDE REJECT
Comments:
36. Park Impact Fee - 129 units @ $771.00 each = $99,459.00 to be paid prior to X
issuance of first permit.
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
37. The project reqUIres conditional use approval from the Planning & X
Development Board and City Commission because the five (5)-story
condominium building is proposed at 65 feet in height. If approved, staff
recommends that a period of one (1) year be allowed to obtain a building
permit.
38. Approval of the conditional use request is contingent upon the approval of the X
accompanying request for Master Site Plan Modification (MPMD 06-001).
39. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency. -'-
40. On February 3, 2006, staff has received confirmation from the Traffic X
Division of Palm Beach County that the proposed project is part of the
previously approved Quantum DR!, and therefore, meets the Traffic
Performance Standards of Palm Beach County. However, the allocation of
commercial square footage changed between the office, retail, and restaurant
uses since when the County reviewed the impact statement. Also, an
exclusive east-bound right-turn lane onto the project's main access driveway
on Gateway Boulevard would have to be provided and no building permits
are to be issued after the build-out date of 2007. Therefore, an updated
Traffic Performance Standards review letter will be required at the time of
permitting.
41. At the time of permitting, obtain consent from the adjacent property owner to X
the west because the dock and gazebo extends beyond the property limits of
the subject parcel to the lake property directly to the west. Appropriate
consent would be in the form of a letter, which would specifically address this
Issue. The Quantum Community Development District (QCDD) or its
designee shall provide the applicant with an updated letter giving consent to
allow the proposed gazebo to extend in Tract "Q", prior to the issuance of a
building permit.
X
42. At the time of permitting, revise sheet A-44 (2nd floor plan of condominium
COA
03/29/06
7
I II
DEPARTMENTS INCLUDE REJECT
building) to reflect a total of 15 units, to match sheet A-43 Unit Breakdown
Table which reflects 15 units on the 2nd floor.
43. No internal doorways are shown to connect the first floor to the second floor X
of the mixed-use buildings because "work-live" units are not permitted within
the PID.
44. At the time of permitting, the site plan tabular data would have to be revised X
to indicate the correct number of parking spaces provided. Also, ensure that
the parking space labels inside the parking garage are correct. Provided
parking on the technical site plan would also impact the master site plan
tabular data. Both would have to be updated and corrected.
45. All elevations must show the proposed signage area and be consistent with X
the master sign program from Quantum Park. Therefore, staff recommends
that the applicant submit a sign program during the time of permitting. The
sign program would apply to the entire development. The master sign
program should show the number, location, dimensions, exterior finish, and
color(s) of all wall signs and freestanding signs. All freestanding monument
signs shall have colorful groundcover installed at the base (Chapter 7.5,
Article II, Section 5.0).
46. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Canopy
trees, Palm trees, Shrubs & Groundcover.
47. Correct the east and west labels of the Retail Building #6 (sheet A-12) and X
Retail Building #7 (sheet A-14) so that they relate to their corresponding floor
plan.
48. The decorative tower of Retail Building #4 (sheet A-8) should be enhanced X
with Foam Accent Tiles or other architectural features in order to improve its
appearance.
49. At the time of permitting, indicate the number of bedrooms proposed on the X
floor plan sheet A-39.
50. At the time of permitting, staff recommends incorporating additional X
groupings of palm trees, possibly Royal palms at staggered heights between
20 feet to 28 feet, in front (north) of the five (5)-story condominium building
along Gateway Boulevard in between the relocated Washingtonian palms in
order to soften the fayade and massing of the 65-foot tall building.
51. At the time of permitting, staff requests the applicant certify that the X
landscape plans were prepared in accordance with all Gateway Boulevard
widening designs and that no plant material will require removal as a result of
said improvements.
52. Staff determined that the lighting levels meet code and glare from rights-of- X
COA
03/29/06
8
DEPARTMENTS INCLUDE REJECT
way and adjacent properties would be minimal. However, the photometric
plan proposes several foot candle readings within the interior parking lot that
exceed eight (8). Therefore, staff recommends reducing the lighting levels
proposed within the interior parking. This may be accomplished by
incorporating more lighting fixtures into said parking areas.
53. According to Chapter 7.5 of the Land Development Regulations, the X
maximum tree spacing along rights-of-way would be 30 feet. The distance
between the trees would vary between 20 feet and 40 feet. Therefore, staff
recommends incorporating a cluster of three (3) native palm trees into the
design of the landscape buffer (along rights-of-way) within the areas where
the tree spacing distance is greater than 30 feet apart.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
54. Condition #37 should be reworded as follows: Pursuant to Chapter 2. X
Zoning, Section 11.2(E), (1), the City Commission shall set a time limit within
which a conditional use may be developed. The time limit to develop the
conditional use shall be one (1) year from the date of the issuance of a
building permit for the five (5) story structure.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
55. To be determined. '1u-n.. 0
MWR/elj
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