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Minutes 05-02-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 2, 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 Father Richard Floreck - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson Mayor Taylor called the meeting to order at 6:30 p.m. An invocation was offered by Father Richard Floreck of the St. Mark Catholic Church. Commissioner Ferguson led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve the agenda. Commissioner Ferguson seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ferguson commented on the sign for the Boynton Beach High School and pointed out an agreement had been signed in 1999 for the school district to maintain the area for the sign. The maintenance of the area has not been done for quite some time. After viewing the sign, Commissioner Ferguson compared it to a carnival sign, and felt it was a mistake that the City had no right to approve the sign. He remembered the seven acres in front of the high school were to have been set aside for affordable housing for teachers. Commissioner Ferguson felt the Commission should balance the need for the sign and what had not been done by the school board. Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Mayor Taylor offered to send a letter to the Chair of the school board outlining the City's concern and frustration in the matter not being resolved. Consensus was reached for the Mayor to send a letter to the school board. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: None. B. Community and Special Events: None C. Presentations: 1. Proclamations: a. Civility Month - May 2006 Mayor Taylor read the proclamation designating the month of May, 2006 as Civility Month. b. Nurse Appreciation Week - May 6 - 12, 2006 Mayor Taylor read the proclamation designating the week of May 6th through May 12th, 2006 as Nurse Appreciation Week which would be presented to the nurses at Bethesda Hospital on May 3rd. c. National Public Works Week - May 21 - 27, 2006 The proclamation for National Public Works Week, May 21st through the 27th was read by Mayor Taylor and presented to Jeff Livergood, Director of Public Works. Mayor Taylor commented there is an abundance of responsibilities that fall under the heading of Public Works. d. Law Enforcement Appreciation Month - May 2006 Chief Matt Immler and Lt. Wendy Unger accepted the proclamation for Law Enforcement Appreciation Month, after it was read by Mayor Taylor. He asked that the Commission and City's appreciation be extended to all officers. e. Municipal Clerks Week - April 30 - May 6, 2006 Mayor Taylor proclaimed the week of April 30th through May 6th as Municipal Clerks Week, and presented the Proclamation to Janet Prainito, City Clerk. Mayor Taylor congratulated the staff on the tremendous amount of work they perform. 2 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 2. Presentation by Freda DeFosse, Manager of Golf Administration, of check in the amount of $7,700, proceeds of a golf tournament held at The Links on April 1, 2006, to Ms. Laura Lassman, President and Founder of Play for P.I.N.K. (Prevention, Immediate Diagnosis, New Technology, Knowledge). Play for P.I.N.K. is a not-for-profit 501(c)(3) charity dedicated to raising funds for breast cancer research. Freda DeFosse, Manager of Golf Administration, presented to Laura Lassman, a check for $7,700, representing monies raised during the 6th Annual Golf Tournament to benefit breast cancer research. The Links tournament had 96 participants this year and over the last four years has raised over $30,000 for P.I.N.K. (Prevention, Immediate Diagnosis, New Technology, Knowledge). Ms. Lassman thanked the Commission, the Links and its staff for their generous contribution and support. She added the P.I.N.K. organization consists of only volunteers and no salaries are paid from any monies received. 3. Presentation by Mark Veil from Caler, Donten, Levine, Druker, Parter & Veil, for the approval of the 9-30-2005 City of Boynton Beach Annual Financial Report. Mark Veil, of Caler, Donten, Levine, Druker, Parter and Veil, reviewed the Financial Report. He explained the four sections of the report were an introductory section, financial section, statistical section and compliance section. He reported the independent auditors report opined the City's financial statements are in proper form. The City's assets exceeded its liabilities by $260M. The net assets increased by $17.8M. The governmental funds had an increase of $9.3M that is an unreserved fund balance. The City remains in good financial condition. In the governmental activities, revenue increased $9M and expenses $2M. Property taxes increased $1.3M due to growth in the tax base. Investment earnings increased over 83% as a result of increased cash reserves and interest rates. Charges for services increased $2M, capital grants increased $3.4M and transfers into governmental activities increased $l.4M. In business activities, net assets increased $l.4M, charges for services increased, as did investment earnings. A new standard implemented for increased disclosure was debt securities and grouping by maturity including the credit rating of the securities. There were no issues in terms of internal controls. The management letter contained items easily corrected with policy changes including improved coordination of information on pensions and payroll, an added check on raise increments, a procedure for tracking exchange purchases for resale and surety bond collections and follow-up. A copy of the entire report is on file in the City Clerk's office. Commissioner McCray noted the increase in the tax base and revenues of 6%. He asked for assurances that all information would be available to the public. Vice Mayor McKoy asked for clarification on the raise increments concern. Mr. Veil simply felt a final verification should be undertaken to assure accuracy. 3 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 4. Presentation explaining red tags being issued for debris. Commissioner McCray explained he had asked for information for the citizens after he had received complaints that debris was being placed at the curb and the City was refusing to pick up the debris. In light of the approach of another hurricane season, Commissioner McCray had requested information be provided on the policies and procedures associated with debris picku p. Jeff Livergood, Director of Public Works, noted the red tags are a courtesy tag explaining the problem with the debris and not any type of citation. He explained an ordinance had been enacted that allows debris to be placed at the curb within 24 hours of the scheduled pickup. The tags were being used as a teaching tool. Charges for debris pickup are made when the pickup exceeds the normal allowable amount or size. The information has been distributed by way of the tags and inserted in the water bills. Vegetation amnesty weeks are scheduled for the week of June 5th and again in August depending on the success of the first pickup. Commissioner McCray suggested utilizing the youth in the area to distribute notices on the vegetation amnesty weeks. Mr. Bressner suggested the Neighborhood Services Manager could also assist with the program. 5. Establishment of Building Department Hotline Commissioner McCray had requested this item be added to the agenda for the public record. Mr. Bressner explained the purpose of the hotline and urged the citizens to use the hotline for any issues dealing with the Building Department. Personnel has been added to alleviate the backlog of permits. Ms. LeJeune is the liaison between the City Manager's office and the Building Department. Mayor Taylor added there had been staffing problems and storm damage related permits bogged down the system. He felt the solution was in place to solve any concerns. 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.) Robert Brown, 702 S. Seacrest, questioned the red tag process and suggested if the larger pickups were picked up gradually it would be cleaned up with time. He also wondered if the amnesty week applied to vacant lots. Mr. Brown further suggested the audio discs for public meetings be kept longer than two years to preserve the history of the City. Gary Fishman, Diane Drive, explained the Department of Transportation had come in and cleared out all the vegetation between his community and 1-95. This increased the noise level significantly along with vandalism. A barrier wall had been constructed but not completed. He sought the assistance of the Commission in getting the barrier wall completed from Diane Drive to the L-30 canal. 4 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Dee Zibelli, 1811 Meadows Circle, reported rules had been established for proper decorum of the public officials and staff. She contended one Commissioner had breached the standards and suggested an apology was required directed to the staff and to the public. Tina Smith, 15 Velaire Drive, referred to a meeting June 3, 2003 regarding the church being constructed on Hoadley Road including not widening the road and the maintenance of the vegetation buffer. Ms. Smith submitted the destruction of the vegetation buffer had now created a drainage problem. Mayor Taylor contended the microsurfacing is an effort to control the drainage problem. He agreed staff would look into the situation again to address Ms. Smith's concerns. Nanell Bennett, 133 NE 16th Avenue, spoke representing Jarvis Prince, who was not able to attend the meeting, regarding an incident involving Commissioner McCray. Ms. Bennett read a letter alleging harassment by Commissioner McCray of Mr. Prince continuing at his place of employment and at his church. The letter threatened civil action if the City would not protect Mr. Prince from such harassment. David Zimet, Boynton Beach CDC, 2191 N. Sea crest Boulevard, thanked the Commission for their support and announced the annual community awards dinner on May 10th, honoring Gertrude Sullivan and Sister Lorraine Loran for their service to the Community. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Board Length of Term Exoi ration Date II III II III II McCray Ferguson McCray Ferguson Ensler Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Adv. Bd. On Children & Youth Alt Alt Reg Reg Stu/Reg/NonVoting 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (2) 2 yr term to 4/08 Tabled (3) 2 yr term to 4/08 Tabled (3) 1 yr term to 4/07 Tabled (3) Commissioner Ensler appointed Alyssa Ewing as a student member of the Advisory Board on Children and Youth. Motion Commissioner McCray moved to approve the appointment of Alyssa Ewing. Vice Mayor McKoy seconded the motion. The motion passed unanimously. III 1 Ferguson Ensler Arts Commission Arts Commission Alt Alt 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (3) II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3) 5 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 III Ferguson Cemetery Board Alt 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (3) II III Ensler Ferguson Code Compliance Board Code Compliance Board Alt Alt II Ensler Community Redevelopment Board Reg 4 yr term to 1/08 Motion Commissioner Ensler appointed Guarn Sims to the Community Redevelopment Board. Vice Mayor McKoy seconded the appointment. The motion passed unanimously. IV McKoy Community Relations Board Alt 1 yr term to 4/07 II Ferguson Community Relations Board Alt 1 yr term to 4/07 Tabled (3) II Ensler Education Advisory Board Alt 1 yr term to 4/07 Tabled (2) Mayor Taylor Education Advisory Board Reg 2 yr term to 4/08 Tabled (3) I Ensler Education Advisory Board Reg 2 yr term to 4/08 Tabled (3) II McCray Education Advisory Board Reg 2 yr term to 4/08 Tabled (3) III Ferguson Education Advisory Board Reg 2 yr term to 4/08 Tabled (3) IV McKoy Education Advisory Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Education Advisory Board Stu 1 yr term to 4/07 Tabled (3) I Ensler Education Advisory Board Stu 1 yr term to 4/07 Tabled (3) III Ferguson Library Board Alt 1 yr term to 4/07 Tabled (2) II McCray Library Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Recreation & Parks Board Alt 1 yr term to 4/07 Tabled (3) II McCray Senior Advisory Board Alt 1 yr term to 4/07 Tabled (3) Ensler Employees' Pension Board Reg 3 yr term to 4/08 Tabled (3) Motion Commissioner McCray moved to table all appointments not having applicants. Commissioner Ferguson 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 - April 14, 2006 2. Regular City Commission - April 18, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 6 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 1. Award bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" Bid #027-282106/0D to ALLIED UNIVERSAL CORPORATION, of Miami, FL. with an annual estimated expenditure of $147,506 for the Utilities Department. C. Resolutions: 1. Proposed Resolution No. R06-088 RE: Approving the City's Local Housing Assistance Plan (LHAP) for State Fiscal Years 06/07, 07/08, and 08/09. These funds are the continuation of the State Housing Initiatives Partnership (SHIP) Program. 2. (Intentionally left blank) 3. Proposed Resolution No. R06-089 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and The Crossings of Boynton Beach Condominium Association, Inc. to enter into a partnership to improve and rehabilitate the wastewater main line and service lines that convey wastewater from The Crossings development into the City's wastewater collections system. 4. Proposed Resolution No. R06-090 RE: Ratifying the action of the South Central Regional Wastewater Treatment & Disposal Board. a. Authorizing execution of a contract with John J. Kirlin, Inc. in the amount of $5,315,000 to construct the 6 mgd reclaim expansion. b. Approving Hazen and Sawyer Task Order 06-002 for reclaim expansion to perform construction service in the amount of $472,760. D. Approve the "BOYNTON BEACH MEMORIAL PARK PLAT 2" conditioned on the approval being the certification of the plat document by H. David Kelley, Jr. (City Engineer and Surveyor & Mapper) The reconfiguration will net an additional 350 cemetery lots. Commissioner McCray pulled item VI.D for discussion. E. Authorize the use of $1,000 of Community Investment Funds to Jayne Miller Nursing Scholarship Fund by Mayor Taylor and $500 each by Vice Mayor McKoy, Commissioner Ensler and Commissioner McCray. F. Approve piggyback of the Jacksonville Electric Authority (JEA) Bid #WCS-123-00 with Insituform Technologies, Inc. for Cured-in-Place Pipe and Lateral Cured-in- Place Pipelining for The Crossings, Palm Beach Leisureville and Chapel Hill for a 7 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 total cost of $212,480. The Crossings will reimburse $45,000 for a total net cost to the City of $167,480. Motion Vice Mayor McKoy moved to approve the consent agenda items except the item pulled for discussion. Commissioner Ensler seconded the motion. The motion passed unanimously. D. Approve the "BOYNTON BEACH MEMORIAL PARK PLAT 2" conditioned on the approval being the certification of the plat document by H. David Kelley, Jr. (City Engineer and Surveyor & Mapper) The reconfiguration will net an additional 350 cemetery lots. Commissioner McCray noted for the public's information that 350 additional cemetery lots will be gained as a result of the replat. Motion Commissioner McCray moved to approve item VI.D. Commissioner Ferguson seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Approve a negotiated settlement agreement in the case of Toyonnie Smith vs. City of Boynton Beach in the amount of $47,500. The City has previously paid $5,014.60 for medical costs. Motion Commissioner Ferguson moved to approve item VII.A. Commissioner Ferguson seconded the motion. The motion passed unanimously. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Owner: Location: Seacrest Low Density Residential (LUAR 06-014) City Initiated West side of Seacrest Blvd. from NW 3rd Avenue to north of NW 6th Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Low Density Residential (LDR) (tst Reading of Proposed Ordinance No. 06-038) Description: Request to rezone from C-2 Neighborhood Commercial to R-1 Single Family Residential. (tst Reading of Proposed Ordinance No. 06-039) 8 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Proposed Use: No change proposed. Attorney Cherof administered an oath to all those intending to testify. No objection to the consolidation of the two requests was offered. Hanna Matras, Economic Planner, reviewed the requests of the City-initiated applications and located the properties involved. The parcels are currently a narrow strip of commercial on the west side of Seacrest. The Heart of Boynton Development Plan has been to change the designation. Ms. Matras explained the properties do not lend themselves to commercial development and some are vacant lots. The proposed changes do blend with the adjacent properties and meet or exceed the criteria of the Land Development Regulations. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 06-038 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-038. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance No. 06-039 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-039. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Project: Owner: Location: Description: Seacrest High Density Residential (LUAR 06-015) City Initiated West side of Seacrest Boulevard north of NW 6th Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) (1st Reading of Proposed Ordinance No. 06-040) Request to rezone from C-2 Neighborhood Commercial to R-3 Multifamily Residential (1st Reading of Proposed Ordinance No. 06-041) Proposed Use: No change proposed. 9 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Ms. Matras explained the requests and located the property. Staff recommended approval of this item for the same reasons as indicated with the previous request. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 06-040 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-040. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance No. 06-041 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-041. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. c. Project: Agent: Owner: Location: Description Harbor Cay (LUAR 06-009) Robert K. Brooks, Jr., RKB Architects Planners, Inc. Harbor Cay, LLC East side of Federal Highway approximately 160 feet north of Gateway Blvd. Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) and Low Density Residential (LDR) to Special High Density Residential (SHDR) (1st Reading of Proposed Ordinance No. 06-042) Request to rezone from Community Commercial (C-3) and Single- Family Residential (R-1-AA) to Infill Planned Unit Development (IPUD) (1st Reading of Proposed Ordinance No. 06-043) Proposed use: 23 fee-simple townhouse units. 1. Harbor Cay (NWSP 06-011) Request new site plan approval to construct 23 fee-simple townhouse units, swimming pool and related site improvements on a 1.429 acre parcel in the IPUD zoning district. Attorney Cherof administered an oath to all those intending to testify and explained the procedures. 10 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Eric Johnson, Planner, consolidated the items relating to Harbor Cay and reviewed each of the requests. He described the property and its location. Staff recommended approval as the proposed use is consistent with the intent of the Redevelopment Plan and meets the criteria for land use amendment. The proposed use and site plan is consistent with the zoning regulations contingent on the 84 conditions of approval. There will be no adverse effect on the infrastructure and it would have a positive impact on the community. Mr. Johnson explained the adjacent property uses and that 20 du would be the maximum density. Mr. Johnson pointed out the proposed use would be 16.09 duo All concurrency requirements have been satisfied including potable water. He reviewed the site plan submitted noting parking requirements were met and the landscape buffers were adequate in width. Building 5 needed special consideration as it was adjacent to another zoning district and the current setbacks were not in compliance with the Code. Three options were available to the developer and another site plan had been submitted which still did not meet the requirements of the Code. The CRA recommended Building 5 have a pitched roof instead of a flat roof requiring the setback to be an even greater distance. Staff recommended the building, or a portion of the building, be reduced from three stories to two stories. The applicant has submitted a drawing reducing the eastern end to two stories. The request for land use amendment, rezoning and site plan are recommended contingent upon all the conditions of approval. Mayor Taylor confirmed the site plan would not be addressed until the second reading of the ordinances for amending the land use and rezoning. Commissioner Ensler asked the applicant address all the issues including the use of potable water and the art fee before the site plan approval would be addressed. Richard Brooks, Architect, 3350 NW Boca Raton Boulevard, handed out a brochure to the Commission, a copy of which was not given to the Clerk. Mr. Brooks asserted the 1.4 acre site had a private road that passes through the project. The character of the project is an older estate that includes townhomes and a plaza. Mr. Brooks contended the project was unique and requested a deviation for only a 15 foot setback for Building 5. Commissioner Ferguson confirmed Mr. Brooks' request was for only a five foot variance. Commissioner McCray asked if there was agreement with the 84 conditions of approval. Mr. Brooks felt most conditions could be met; however, they would be requesting the 15 foot setback for Building 5 referring to condition 64. Commissioner Ensler asked if similar roof designs had been incorporated and Mr. Brooks agreed. Mayor Taylor was concerned if the roof pitch on Building 5 were changed, the setback would be even greater and a problem to be solved. Commissioner Ensler noted there was no request for a variance to be decided in conjunction with the new site plan request. Sid von Rospeunt, CEO of Groupo Tango, the parent company of Harbor Cay, further explained the redesign of Building 5 and suggested the setback for the roofline is now 20 feet beyond the requirement. The highest point is 30 feet from the property line. Mr. von Rospeunt advised the south property line abuts two different types of zoning. He felt the improvement of the fence line to the single family area would conceal the distance and units whether it would be 15 or 20 feet. 11 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 06-042 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-042. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance No. 06-043 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-043. Commissioner Ensler seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner Ensler moved to table item VIII.C.1. Vice Mayor McKoy seconded the motion. The motion passed unanimously. D. Project: Agent: Owner: Location: Description: Hemingway Square (LUAR 06-006) Garcia Stromberg Architecture, Inc. Robert Vitale 2319 South Federal Highway, NW corner of SE 23rd Avenue and Federal Highway Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHDR) (Withdrawn at the request of applicant; to be removed by Commission) Request to rezone from Community Commercial (C-3) and Neighborhood Commercial (C-2) to Infill Planned Unit Development (PUD) (Withdrawn at the request of applicant; to be removed by Commission) 1. Hemingway Square (HTEX 06-006) Request for height exception of four (4) feet to allow chimneys to exceed the maximum building height of 45 feet for a total of 49 feet. (Withdrawn at the request of applicant; to be removed by Commission) 12 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 2. Hemingway Square (NWSP 06-007) Request for New Site Plan approval for construction of 21 townhomes and recreation amenities and related site improvements on 1.285 acres zoned IPUD. (Withdrawn at the request of applicant; to be removed by Commission) Motion Commissioner Ferguson moved to remove items VIII.D, VIII.D.1 and VIII.D.2 from the agenda. Commissioner McCray seconded the motion. The motion passed unanimously. Mayor Taylor declared a five minute recess at 8: 10 p.m. Mayor Taylor reconvened the meeting at 8:19 p.m. E. Project: Agent: Owner: Location: Description: Hathaway Park Industrial Zone (LUAR 06-007) Thomas F. Carney, Jr. Esq., The Carney Legal Group, P.A. Robert Richardson, Jr. and Mark C. Daly East side of Florida East Coast Railroad right-of-way, north and south of SE 10th Avenue Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to Industrial (I) (1st Reading of Proposed Ordinance No. 06-044) Request to rezone from Community Commercial (C-3) to Industrial (M-1) (1st Reading of Proposed Ordinance No. 06-045) Attorney Cherof administered an oath to all those intending to testify and explained the procedure to be followed. Hanna Matras, Economic Planner, reviewed the two requests and located the property along the FEC railroad right-of-way. The adjacent properties are Local Retail Commercial and zoned C-3 or Medium Density Residential and zoned R-2 duplex. Staff recommended approval because it was consistent with the Comprehensive Plan and the M-1 study adding to the industrial land. The project also reduces the non-conformity with regulations and demand on the public infrastructure and services. The requirements of the Land Development Regulations have been met. Tom Carney, representing the applicant, mentioned they concurred with the staff recommendation and recognized the current zoning is not compatible with the use. With the rezoning, the uses would be consistent with the zoning and add to the possibility of improvement. Mayor Taylor opened the issue for public hearing. Randall C. Bone, President of RCB Electric Co., Inc., 4558 Palo Verde Drive, had proposed in 2001 to buy the property. Occupational Licensing had refused his request because the type of business proposed was inconsistent for the area. In the process, Mr. Bone lost a contract and he alleged, if the change requested is granted, he would lose a significant amount 13 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 of money. He read a letter he had written to Mr. Rumpf requesting an appeal of the denial for an Occupational License. The letter requested a Code review. He contended the business he was proposing was consistent with other businesses in the area. Mr. Bone asserted his company may have been discriminated against in the approval process. He felt the matter should be brought to the attention of the Commission because he was not treated fairly. Mayor Taylor inquired where the current business is located and Mr. Bone indicated on Industrial Drive. Mr. Carney confirmed the use pattern for the property had not been consistent with the current zoning. Since that time, an extensive M-l study was done by the City and the proposed rezoning is consistent with that study. Mr. Bone reiterated his claim that the businesses being operated at the location were similar to his proposed use and those businesses remain. The property did not go residential as had been indicated to him by the licensing department. Attorney Cherof read Proposed Ordinance No. 06-044 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 06-044. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1. (Commissioner McCray dissent/ng.) Attorney Cherof read Proposed Ordinance No. 06-045 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-045. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-1. (Commissioner McCray dissenting) Description: Monnin Alley NE 3'd Street (ABAN 06-006) Mary Ann Monnin N/A Alley located between NE 5th and NE 6th Avenues, extending approximately 150 feet west from NE 3rd Street Request to abandon a portion of an unimproved alley located between NE 5th and NE 6th Avenues, extending approximately 150 feet west from NE 3rd Street. (1st Reading of Proposed Ordinance No. 06-046) F. Project: Agent: Owner: Location: Attorney Cherof administered an oath to all those intending to testify. 14 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Ed Breese, Principal Planner, described the location and area of the alley. The applicant asserted the alley is not being used as a right-of-way. All adjacent properties have other means of access. There are existing utilities and the alley will require conversion to a 10 foot utility easement. Staff recommended approval with the conversion to a utility easement. Mayor Taylor inquired if the applicant agreed with all the conditions of approval and the applicant agreed. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 06-046 by title only. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-046. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. G. Deliverance by Faith Church (COUS 06-006) Request for conditional use/new site plan approval for the construction of 3,538 square foot church and a 1,712 square foot daycare center within a single structure, and related site improvements on a 0.666 acre parcel zoned C-2. Attorney Cherof administered an oath to all those intending to testify. Ed Breese, Principal Planner, reviewed the request of the applicant and the location in the MLK overlay zoning district. The site plan was displayed and explained. The provision of a daycare requires the application to be reviewed as a conditional use. All the standards for a conditional use were met and staff recommended approval. Mike Sipula, of MS Architectural Design Inc., architects for the project, indicated there was agreement with all the conditions of approval. Mayor Taylor opened the issue for public hearing. No one came forward. Commissioner McCray questioned the rejection of the landscape triangle. Mr. Breese explained Engineering felt a smaller area could be utilitzed. Commissioner Ensler inquired if the project was in Phase II of the Heart of Boynton plan. Quintus Greene, Director of Development, replied the property was in the area that could be considered as Phase II. He cautioned Phase II had not yet been clearly defined until the completion of Phase I. Commissioner Ensler suggested the matter be deferred until after the discussion of Phase I and Phase II of the Heart of Boynton plan. Mayor Taylor did not feel it would be feasible to defer the matter. Mr. Greene informed the Commission the location of the 15 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Church was the result of a land swap from the Phase I area. Commissioner Ensler requested input from Intown Development on the church's location and the impact for redevelopment. Bonnie Miskel, on behalf of Intown Development, responded the location is within Phase II. Mr. Greene commented the redevelopment plan for Phase II did not extend to Federal Highway and could be part of subsequent phases depending on the Public Works parcel and future relocation. Commissioner Ensler asked if the church would hinder the redevelopment and Mr. Greene asserted the church would further the redevelopment of the Heart of Boynton. Motion Commissioner McCray moved to approve item VIII.G. Vice Mayor McKoy seconded the motion. The motion passed unanimously. H. Approval of Special Warranty Deed conveying title to the R. M. Lee Community Development Center (CDC) for Lots 10, 17 & 18, Block 3, Happy Home Heights. (Proposed Resolution No. R06-o91) Octavia Sherrod, Community Development Manager, explained the proposal conveys vacant lots to develop 15 affordable housing units specifically for the elderly. Christopher Plummer, consultant for the R.M. Lee Community Development Center, indicated the CDC would be partnering with the St. John Missionary Baptist Church to develop the site for rental housing. The project would improve the neighborhood and provide affordable housing for the elderly. He advised plans are to purchase two other lots for a contiguous site. Commissioner McCray felt if the plan were to enhance the area around the St. John Missionary Baptist Church, he was pleased with the plan. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner McCray moved to approve item VIII.H. Commissioner Ferguson seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Requirement for underground utility lines for all new development Jeff Livergood, Director of Public Works and Engineering, reported on the evaluation of requiring underground utility lines. The Land Development Regulations require new utility lines be placed underground. The cost for the placement is borne by the purchasers of the individual lots. An option would be to also require underground utility lines on rights-of-way adjacent to new developments to be paid for by the developer. Mr. Livergood qualified the requirement for projects where it is neither feasible nor practical to require underground lines. In those instances a fee would be collected and the funds are aggregated and used by the City for other advantageous locations. Florida Power & Light is now offering 25% of the cost to place utility 16 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 lines underground. Mr. Livergood cautioned even though the distribution line may be underground, the lines to the homes would be a private expense in existing developments. Commissioner Ensler asked for clarification of those instances where the utility lines could not be underground. Mr. Livergood responded the utility lines in older developments, consisting of single family homes east of 1-95, would not be candidates for underground lines. Also, Infill developments are not included in the requirement. Commissioner Ensler was not in favor of assessing any additional fees. Mayor Taylor believed the cost would ultimately be borne by the home buyer whether it would be through FP&L or a developer. This would contradict the concept of developing affordable housing. Mayor Taylor agreed with the need for underground utilities; however, the cost was an element also. He did not favor any additional fees. Commissioner Ferguson pointed out the underground lines eventually have to connect to the transformers aboveground. Mr. Livergood commented everyone agrees it is a great idea, but very difficult and involves a huge expense, especially in older communities. Mayor Taylor added the repairs for underground lines are more time consuming also. Mayor Tayior declared there was consensus not to change the current Land Development Regulations. Sergio Casaine, 18 Meadows Park Lane, questioned if there had been a comparison analysis of the damage cost involving aboveground cables versus the cost for underground cables. Mr. Livergood replied that type of analysis had not been done, but should be done nationally. A break-even analysis by FP&L would be needed on a scale much larger than the City. Commissioner Ensler requested information on the delta to underground an adjacent right-of- way. His opinion was the added expense would be minor. B. Continued Discussion on Study of Police Pension Issues Mr. Bressner explained the item was back on the agenda for further discussion and to clarify the parameters of the requested analysis. He explained any changes in the operation of the three pension funds would need City Commission approval. Specifically the police pension has proposed a complete revision to the fund ordinance. Actuarial services have been approved to review the need for any recommendations or changes. An external review by the Segal Company was authorized to address any economic impact of any pension fund changes. Mr. Bressner summarized the modifications requested by the Police Pension Board. The first modification eliminates ambiguous and duplicate language for ease of administering the plan. Next, the method of funding and calculation of the benefits has been revamped to be entry age 17 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 normal by changing the funding method to 30 years rather than 15 years for each member. This would reduce the initial annual cost to the City. On the funding method, Commissioner Ensler recapped that the obligation remains the same just spread out over a longer period of time. Bill Mummert, Director of Finance, added any gains or losses are an unfunded liability. The entry age method would amortize the liability over 30 years rather than 15 years and smooth out the payments avoiding fluctuations. Commissioner Ensler asked if the change would have any effect on the people in the pension plan and Mr. Mummert replied it would not. Commissioner McCray requested completion of a 30 year analysis. Mayor Taylor was satisfied with the information provided and felt another 30 year analysis was not needed. Commissioner McCray felt full consensus was necessary to implement any change. Commissioner Ferguson was content with the 30 year method of smoothing. Mr. Bressner continued with the third item involving the assumed rate of return on investments from 8.5% to 8%. Mr. Mummert explained the impact would increase the annual contribution by the City because the revenue source had been reduced. The benefit is the amount that would be closer to the actual returns in the plan and decreases the losses incurred on interest revenues. Commissioner Ferguson felt it was a good suggestion. Mr. Bressner commented in a good market it may cost more, but a bad market loss would be spread out over a longer period of time and moderate the cost of losses over time. Again, Mr. Mummert stressed the change would not affect the individual's pension benefit. Mayor Taylor declared there was consensus that no further analysis would be needed. The fourth item was increasing the benefit by one-half percent to 3'/2% in the multiplier calculations. Not included in this change would be those individuals who have entered the DROP plan or have already retired. Mr. Mummert added there would be a hard cost involved and it was estimated to be approximately $385,000. Commissioner Ferguson requested a determination of the cost to increase the benefit for all employees. Commissioner Ensler saw the need to be competitive with other municipalities including a maximum figure. He noted some departments have different employee contribution rates. An internal and external compatibility analysis was requested by Commissioner Ensler. Lt. Gary Chapman pointed out the benefits for each group of employees are not the same and the cost associated with each plan also varies. Lt. Chapman felt comparing the Police plan to the other employee plans was not appropriate due to the nature of the work and physical stamina required of police. The request is simply to stay competitive in the industry. The DROP plan is a hybrid defined contribution program and saves the City some monies. He noted a cost of living option had not been requested. Mayor Taylor agreed the Police Pension should not be compared to other departments or pension plans. The contracts are negotiated independently so the pensions should be independent. Mayor Taylor wanted not only to be competitive, but also to attract the best employees. 18 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner McCray indicated he did not need a 30 year analysis or a comparison with other departments in the area. He did want a unanimous decision to show support for the Police Department. Commissioner Ensler reiterated he wanted financial analysis over a 30 year period and a comparison with other cities including the rate, employee contribution and maximums. Commissioner Ferguson wanted to know the cost of converting to 3V2% for all employees. Sergio Casaine, 18 Meadows Park Lane, commented a revision period is needed to plug the unfunded liability into the equation. He contended there could be an affect on the individual pension benefit if the unfunded liability drags out. Federal rules and regulations dictate the guarantee of funding. Mr. Bressner held the City was not subject to the Federal regulations; however, State law requires all pension funds be actuarially sound. Commissioner Ferguson retracted his request for data on the impact of changing to 3112% for all employees. The item will be brought forward at the first meeting in June for action by the Commission. X. FUTURE AGENDA ITEMS: A. Increasing Community Investment Funds - May 16, 2006 B. Cellular 911 Dispatch - May 16, 2006 C. Possible consolidation of the Education Advisory Board and the Advisory Board on Children and Youth - May 16, 2006 D. Modification to Neighborhood Grants Program to Provide Funding for Permanent Installed Generators for Clubhouses - May 16, 2006 E. Utility Service Area Analysis - June 2006 F. Review of Recreation & Park Fees - June 2006 G. Stand-by Power Requirements - June 2006 H. Review and possible adjustment of the stormwater fees - June 6, 2006 I. Adopting a new Article III of Chapter 18 entitled "Municipal Police Officers' Retirement Trust Fund" in the Boynton Beach Code of Ordinances entitled "Pensions for Police Officers" (Proposed Ordinance No. 06-036) (Tabled to June 6, 2006) J. Small/Minority Business Enterprise (SjMBE) Plan Proposal - July 2006 XI. NEW BUSINESS: A. Discussion of CRA. 19 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner Ferguson purported the Community Redevelopment Agency Board was to have been a buffer between the developers and the City Commission. Recent meetings revealed to Commissioner Ferguson that the board had lost its focus. He proposed first, to dissolve the current CRA board; two, that the Commission sit as the CRA board; three, the current chair and vice chair be appointed to the new board for a six month period. Commissioner Ferguson contended this arrangement should continue until after election when the new Commission can decide the fate of the CRA board. Mayor Taylor felt changes have been made to resolve many of the issues including election of a new chair and vice chair, plus new policies and procedures for the board. In his opinion, the board should be given the opportunity to work through the projects and problems. Mayor Taylor opposed abolishing the board. Vice Mayor McKoy opposed dissolving the CRA board also. New leadership was addressing the concerns with a corrective action plan, policies relating to the conduct of the board members and other new policies and procedures. Commissioner Ensler supported the CRA board but was concerned about the lack of due process in judging the individual board members and the entire board. Commissioner McCray indicated he had met with the new chair, Henderson Tillman, and he feels the board is now on the right track to correct the concerns. He suggested the board be given six months to demonstrate its ability to deal with the concerns and problems. B. Discussion of Code Compliance Board. Commissioner McCray had received calls from the citizens in District II complaining about the Code Compliance Board. He asked legal counsel to give a definition of both compliance and enforcement since the purpose of the board is to bring properties into compliance. Commissioner McCray felt serious issues were evident in the minutes from the previous Code Compliance Board meeting. He requested the item remain on future agendas until a complete review of the board minutes could be completed. Mayor Taylor agreed the goal of the board is to obtain compliance. He noted there are people who would resist following the rules and allow the fines to become exorbitant and then request the fines be waived while the neighbors have endured months or years of noncompliance. Enforcement has to be an element and tool for the board to induce compliance. Mayor Taylor reported he had also received a complaint that the board was not functioning well; but, his review of the minutes did not reveal any votes that were not unanimous. Commissioner Ferguson suggested better communication between the Building Department and Code Compliance would alleviate many of the complaints. Mr. Bressner agreed and suggested a representative of the Building Department should attend the board meetings. Commissioner Ferguson also felt occupational licenses should not be renewed if large fines are pending. 20 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Attorney Cherof reported the research on the issue is ongoing and when complete will be reported to the Commission. In response to Commissioner McCray, Attorney Cherof asserted compliance is the goal and enforcement is the tool for achieving the goal in the context of Code enforcement. C. Discussion on impact of the redevelopment of the Heart of Boynton based on the anticipated change in the eminent domain legislation. Motion Commissioner Ferguson moved to move the discussion on eminent domain to the end of the legal section. Commissioner McCray seconded the motion. The motion passed unanimously. XII. LEGAL: A. Development - Public Hearing Lawrence Road Project Proposed Ordinance No. 06-033-2nd Reading RE: Annexing acre parcel. (ANEX 06-003) 2. Proposed Ordinance No. 06-034-2nd Reading RE: Amending the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MEDR). (LUAR 06-004) 1. 9.35 3. Proposed Ordinance No. 06-03S-2nd Reading RE: Approving the rezoning from Agricultural Residential (AR Palm Beach County) to Planned Unit Development (PUD). (LUAR 06-004) 4. Proposed Resolution No. R06-092 RE: Approving the new site plan to construct 90 fee simple townhouse units on a 9.35 acre parcel in the Planned Unit Development (PUD) zoning district. (Tabled to May 2, 2006) Attorney Cherof read Proposed Ordinance No. 06-033 by title only. Motion Commissioner McCray moved that Proposed Resolution No. R06-092 be removed from the table. Vice Mayor McKoy seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 06-034 by title only. Attorney Cherof read Proposed Ordinance No. 06-035 by title only. Attorney Cherof read Proposed Resolution No. R06-092 by title only. 21 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 It was determined a report from staff would not be required. The applicant was afforded the opportunity to address the Commission and did not respond. Mayor Taylor opened the issue for public hearing. Valerie Silverman, 7061 Chesapeake Circle, lives adjacent to the proposed development on the east side. She felt the density was a problem with 90 du when the adjoining property only had 32 du on a larger lot. The entire area consists of single family homes. Ms. Silverman requested the site accommodate only single family homes to be compatible with the area. Although Ms. Silverman contended she was not opposed to change, the change in her backyard was not consistent with the residential area and negatively impacts her property and others. She asserted she had not been invited to any meetings as the developer had mentioned at a previous meeting. Jennifer Humphrey, 7067 Chesapeake Circle, lives adjacent to the proposed property. She submitted petitions signed by 55 other residents opposing the entire Lawrence Road Project, copies of which are o.n file in the City Clerk's office. She concurred with Ms. Silverman's comments. She asserted the quality of life would be greatly affected and single family homes would be preferred. Brian Humphrey, a resident of Nautica Sound, voiced his opinion that the increase in density would be a mistake and insulting to the area. Promises had been made that the property would remain single family low density. He alleged a portion of the landscape easement would be parking, not vegetation. In his opinion a concrete jungle effect would be created along with a drainage problem. Mr. Humphrey felt the profits of the developer had been considered rather than the long term effect of the higher density. Herb Suss, Wood Fern Drive, alleged the requests should be denied in view of traffic, pollution and density concerns. He felt the project was wrong and would be done at the expense of the adjacent property owners. Michael Weiner, representing the applicant, asserted there would be no impact on the values of adjoining properties except to enhance their value. He reiterated this type of project is the best transitional development between the single family residential and commercial properties. Mr. Weiner purported the height would be the same as any two story single family homes. The buffers would be landscaped and the parking was only on the north side next to the commercial properties. Mr. Weiner reviewed the benefits of the project and requested the Commission approve the project and proVide a superior product for the area according to the City's Comprehensive Plan. Vice Mayor McKoy requested the applicant clarify the parking issue again. Mr. Weiner responded in addition to the Code requirement, 11 additional spaces would be provided including garage areas. Parking around the pool area and along the north buffer had been added. 22 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Motion Commissioner McCray moved to approve Proposed Ordinance 06-033. Commissioner Ferguson seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner McCray moved to approve Proposed Ordinance 06-034. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner McCray moved to approve Proposed Ordinance 06-035. Commissioner Ferguson seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. Motion Commissioner McCray moved to approve Proposed Resolution R06-092. Commissioner Ferguson seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting) B. Ordinances - 2nd Reading- Non-Development - PUBLIC HEARING 1. 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. Mayor Taylor opened the issue for public hearing. No one came forward. Motion Commissioner Ferguson moved to approve Proposed Ordinance No. 06-037. Commissioner McCray seconded the motion. ~ City Clerk Prainito called the roll. The vote was 5-0. C. Ordinance - 1st Reading 23 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 1. Proposed Ordinance No. 06-047 adoption of Ordinance to conform approved compensation increases. RE: Approving the Charter language to previously Attorney Cherof read Proposed Ordinance No. 06-047 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-047. Commissioner Ferguson seconded the motion. Commissioner Ferguson inquired if the other portion of the compensation was scheduled for inflation. Mr. Bressner confirmed it was. ~ City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: 1. Proposed Resolution No. R06-093 RE: Approving increasing the City Manager's Authorization for Expenditures for Disaster Related Recovery Expenses or purchases to $200,000 for a period of ninety (90) days after a declared emergency. Attorney Cherof read Proposed Resolution No. R06-093 by title only. Motion Vice Mayor McKoy moved to approve Proposed Resolution No. R06-093. Commissioner Ferguson seconded the motion. Commissioner McCray requested a definition of a declared emergency. Mr. Bressner replied the definition was contained in the Ordinance. Commissioner Ensler inquired how the period of ninety (90) days was determined. Mr. Bressner replied the time for FEMA to arrive and processing was used as the basis. Vote The motion passed unanimously. E. Other: 1. Approval of proposed settlement to pay $43,300 including costs and attorney fees for the vacant property owned by Hester Taylor, which was obtained by the City via eminent domain for the Wilson Center Expansion. Motion Commissioner McCray moved to approve item XII.E.1. Commissioner Ferguson seconded the motion. The motion passed unanimously. 24 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 XIII. UNFINISHED BUSINESS: None (Th/s Item taken out of sequence based on prior motion.) C. Discussion on impact of the redevelopment of the Heart of Boynton based on the anticipated change in the eminent domain legislation. Mr. Bressner reported the latest legislative developments changing the start date for the new legislation that would end the use of eminent domain for the elimination of slum and blight. The first amendment has an effective date of the time the Governor signs the bill and only petitions for condemnation filed in the Courts could go forward. Mr. Bressner indicated the item could be amended to reinsert a date with a two thirds vote of the Chamber to be considered on a straight majority vote. The item could get referred back to a committee. Mr. Bressner explained the first step in any eminent domain proceeding would be for the Commission to adopt a Resolution of Necessity declaring there is a public purpose to be served for the acquisition of the property. An official offer from the City to the seller must be sent, followed by a waiting period of 30 days. The City could then file in Circuit Court for eminent domain. Meanwhile the negotiations can be ongoing. Phase I is complete except for the six self-assembly parcels and the filing in Court has already been done according to Mr. Bressner. The Resolution of Necessity for the six remaining parcels has not been submitted to the Commission. The CRA will be considering the Resolution of Necessity on May 9th for those six parcels and on to the Commission on May 16th. Lisa Bright, CRA Executive Director, maintained there were only four properties as opposed to six in the self-assembly group. Caroline Young, 15112 Tall Oak Avenue, Delray Beach, spoke regarding the self assembly group who has been working with the CRA staff. Letters of Intent (LOI) have been signed acknowledging their willingness to assist in the development of Phase I of the Heart of Boynton Beach. Her understanding was that a private/public partnership would be formed with the self assembly group as the developers. Ms. Young did not see how the four properties could be conSidered as part of eminent domain since she was willing to assist with the development. The self-assembly group had been working in good faith, but with the request for RFP going out, she was not sure of the status of the project. Ms. Bright referred to the CRA minutes of the February 14th meeting and a motion made authorizing staff to enter into an agreement with the self-assembly group after they had a feasibility study completed in 90 days. When the item was brought before the City Commission, all the Letters of Intent had not been received and the item was tabled. Ms. Bright recalled that as far back as December of 2005, it was understood parallel programs would be undertaken. She stressed that the legislation was pushing the parcels into eminent domain as a partnership agreement which was not in place. 25 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner McCray questioned why the progress of the self-assembly group had been halted. Ms. Bright related Mr. Finklestein's car accident stalled the partnership agreement preparation. She could not bring the matter before the Commission without all the Letters of Intent. Mr. Bressner added the documents had been prepared; however, without all the signed letters the item had to be pulled from the agenda. Ms. Bright contended if a master developer is not in place, then the RFP becomes necessary to meet the deadlines of the new legislation. Negotiations would still be ongoing. Ms. Young advised the self-assembly group was committed and waiting on the CRA staff to prepare a development agreement she had seen. Ms. Young questioned if there was any other developer favored for the project or if there is no intent to complete the Phase I development in the Heart of Boynton Beach. Mayor Taylor assured Ms. Young no developer had been brought to the Commission for approval. Ms. Bright distributed the meeting minutes of the CRA board and explained the CRA had spent $50,000 for a feasibility study which will be presented on May 9th to the CRA board from the Treasure Coast Regional Planning Council. Bonnie Miskel, on behalf of Intown Development Group, contended the Legislature has created a significant problem for all the CRA's across the State. She agreed with the description provided on Phase I and Phase II as did Ms. Bright. She detailed the boundaries of both phases totaling approximately 30 acres, explaining Phase II is the larger of the two areas. Ms. Miskel introduced the Intown Development Group and their financial partner and gave a brief overview of their experience and business dealings. Their proposal included between 800 to 900 dwelling units and 2,000 square feet of retail, a public parking component and infrastructure improvements. She cautioned, due to the current legislation, immediate action is needed or it will be a lost opportunity for the City to redevelop blight. Commissioner McCray asked for an update on the Episcopal Church. Ms. Miskel replied relocation assistance was being discussed or a possible land swap. Commissioner McCray alleged no contact with the church had been made. Ms. Miskel assured him assistance would be provided. Tom Balf, on behalf of Intown Development Group, stressed some direction was needed by the Commission so Intown could begin to obtain surveys and appraisals within a short period of time. Although Intown had spoken with surveyors and appraisers, they did not want to front the expense without direction they could move forward putting the project together. Ms. Miskel introduced Dr. Ray Liberti and summarized his qualifications. Dr. Liberti indicated Boynton Beach is in a growth stage and has an opportunity to expand that growth further, but the door of opportunity is being slammed shut by the Legislature. He outlined various demographics he used to project the future housing needs of the City. He alleged younger couples would be attracted to the City because it is viewed as a progressive area for professionals. 26 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Dr. Liberti felt the proposed development plan was rare in that it consisted of one 35 acre tract of land east of 1-95. The streetscapes are unique and it has many pocket parks with profound landscaping. It includes single family areas, senior housing units, housing diversity for all types of price points, an ingenious lighting system, pedestrian paths and much more. The contained impact of the design is important with an excellent architectural commitment that the City can be proud of. The 2,000 square feet of commercial would provide 300 jobs in the community. By increasing the tax base with the project, it would add a $2.8M to $3.4M windfall for the City and CRA. Ms. Miskel summarized the presentation and asked the Commission to continue with the current plan of Phase I acquisition and authorize staff to enter into negotiations with Intown Development for a possible development contract for Phase I and Phase II. She stressed the CRA did not have the funding or finances to develop Phase II. She questioned if completion of Phase I would effectuate sufficient change to make all the other changes planned possible. Ms. Miskel contended Intown was the only developer to come forward and able to complete the project. Mayor Taylor summarized that the CRA needed to move forward on Phase I with the two parallel efforts. There is no money available to develop Phase II. The proposal was to let the CRA continue with Phase I and the City work with Intown on the Phase II portion. Commissioner McCray was not in favor of moving forward on Phase II hastily and would not support the proposal of Intown. Mayor Taylor wanted it clearly understood that if the Commission did not act quickly and move forward with Phase II, nothing more would be developed in the area since the CRA had no available funding to continue the Heart of Boynton project. Commissioner McCray suggested another developer may come forward with a better plan. Commissioner Ensler inquired of the City Attorney if the City could legally take on the responsibility of Phase II without the CRA involvement. Attorney Cherof replied in the affirmative in concept. Formal actions to accomplish that would be necessary to get to that point. Commissioner Ensler further commented land is needed for any development. Along Federal Highway private developers bought the land and redeveloped the land in conjunction with the CRA. The Heart of Boynton has no large tracts of land for private development. The only solution was for the CRA and City to work together to find a large enough tract of land to make a significant impact for the City whether the developer is or is not Intown. He stressed only one developer has come forward to take a risk and develop the land in the Heart of Boynton. Joseph Gray, 7218 Norwich Lane, a planner, who helped develop the Heart of Boynton Plan, explained he had worked for almost two years with the residents of the area to come up with a plan to revitalize the Heart of Boynton area. Mr. Gray indicated promises were made to the residents that it would be revitalized in total, not in phases. He felt every step should be taken to keep the promise to the citizens and create the critical mass necessary to impact the entire community. 27 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner McCray inquired if Mr. Gray, who worked for the CRA in Delray, was being paid by the Intown Group and Mr. Gray denied he was on the staff for Intown Development Group. Gertrude Sullivan, 201 NE 6th Avenue, indicated she did not like the Intown Group in the beginning, but the CRA dropped the people of the area. She was not pleased that the Heart of Boynton Project was moved to the end of the agenda. Mayor Taylor assured Ms. Sullivan that was not the intent of the Commission. Ms. Sullivan questioned what had happened with the CRA and why they could not continue with the project. If the CRA could find private developers for other projects, she asked why they could not do the same for the Heart of Boynton. Mayor Taylor reminded Ms. Sullivan there were residents in the Heart of Boynton that did not want any redevelopment. Ms. Sullivan voiced her frustration with the decline in the Heart of Boynton because nothing was getting done. She asked the Commission be fair to the residents in the Heart of Boynton who also pay taxes. Quintus Greene, Director of Development, recited his 30 years of experience and qualifications in the field of public and private redevelopment. He recalled the objective of the Heart of Boynton was to save the community with the same character that has developed over many, many years. Mr. Greene expressed his opinion that the Intown proposition was an attempt to force a master developer agreement without utilizing the competitive process in place within the City. Mr. Greene alleged the concept was for Phase I to be a catalyst for private development in Phase II. Mr. Greene opined the proposal was not in the best interest of the community or what the residents had envisioned. Phase I has not been delivered and the people deserve much more than they have received to date. Vice Mayor McKoy asked what Mr. Greene would propose in light of the fact time is running out. Mr. Greene proposed Phase I should be completed correctly and the private sector develop any subsequent phases by competitive proposals. He indicated Phase I is not a difficult project; it just needs to be a reality. Commissioner Ensler pointed out there is no disagreement to move forward with completing Phase I. He asked Mr. Greene what the CRA should be doing beyond Phase I to accomplish redevelopment in the Heart of Boynton. Mr. Greene purported downtown revitalization is a means to generate the increment used in the Heart of Boynton to end slum and blight. Mayor Taylor was not sure Phase I was going to be a reality at this stage and was very disappointed. Any efforts to date have been road blocked with disagreements. Mayor Taylor stressed only one group has presented a plan to the Commission. Mr. Greene explained the CRA was going out with a request for proposals to solicit various developers and plans. In his view, the Intown Group was attempting to bypass the process and be named the master developer for the entire project. In response to a question by Commissioner Ensler, Mr. Balf explained a developer was not required to be in place to condemn property. However,. to fund the project a developer needs to be in place. The Intown Group was willing to move forward, but needs a development agreement with the City to recoup their expenses and proceed. Commissioner Ensler then questioned Ms. Bright if the CRA had the resources and funds to complete Phase I. Ms. Bright confirmed all the available monies would be consumed in Phase I. 28 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Wilfred Hawkins, Assistant City Manager, reviewed his qualifications and indicated he had worked with Mr. Gray on developing the Heart of Boynton plan. It was agreed that the legislation, if enacted quickly, would affect Phase I only with regard to the four properties in the self-assembly group depending on the July 1st breakpoint. Mr. Bressner reiterated negotiations could continue with the self-assembly group, pending the eminent domain taking of the properties. Mr. Hawkins opined if the request for an agreement mandates the City to deal exclusively with the Intown Group through the entire project, that should be dealt with cautiously. Ms. Miskel acknowledged all the terms and specifications of the contract are not available; however, Intown Group needed a commitment from the City to work with Intown in good faith and Intown Group will do the same. Octavia Sherrod, Community Development Manager, spoke as an advocate for the people in the Heart of Boynton community. She contended the request for proposals would allow certain advantages from other developers to address the needs of the citizens. The education and income levels for that community are not as indicated by Dr. Liberti, but much lower. Many stakeholders were not aware of this item on the agenda, according to Ms. Sherrod, which is not fair to the Heart of Boynton residents. Mr. Hawkins and Mr. Bressner continued to explain the impact of the available options in light of the legislative changes enacted. Mr. Miskel felt an agreement would be required to cover the significant expenses and monies needed to acquire the additional parcels. She asserted the intent was to get authorization for staff to commence negotiations with Intown to move forward. Ms. Miskel reiterated the intent was to provide jobs and fix existing problems within the CRA area. Because of the significant time and monies expended to date, Ms. Miskel was requesting Intown be designated as the master developer for Phase I and Phase II. Commissioner Ensler was concerned about entering into a contract with Intown for a project that has very little chance of success if the opportunity to accomplish it vanishes with the new legislation. The risk would be very large. Ms. Miskel indicated her client understood the risk and believed if a July 1 date is set it, can be met. The Intown Group needed some commitment from the Commission to negotiate in good faith consistent with the Heart of Boynton Plan. Ms. Miskel contended input from the community was inappropriate because the request was only to authorize negotiations. The development and master plan is not at issue presently. Vice Mayor McKoy asked if negotiations stalled, what would happen? Ms. Miskel contended heavy negotiations would be required and she felt confident an agreement could be reached before significant monies are expended. Mr. Hawkins expressed concern with the term master developer and cautioned against authorizing such a designation. Mayor Taylor concluded, based on what was being stated, that a contract or development order will not be forthcoming. He did not feel there was any intent to negotiate a contract. Commissioner Ensler indicated he was willing to convene a special meeting on Friday to allow Intown and staff to negotiate a proposed agreement before monies were expended. 29 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Commissioner McCray was not in favor of rushing the project through was not pleased there was not more notice to the citizens on a project that would be taking over the entire area. Elizabeth Jenkins 711 NW 1st Street, did not feel the CRA has been working for the best interest of the citizens of the area because nothing has happened and the citizens have not had input into the project. She contended if there was not going to be redevelopment as promised, then something needed to be done to help the people to help themselves. The people deserved answers and respect. Herb Suss, Wood Fern Drive, supported going forward with Phase I, but did not believe Intown should be designated as the only developer as they did not own the land and the project should not be rushed. At midnight, Mayor Taylor recessed the meeting to accommodate the recording system changeover to next date. Mayor Taylor reconvened the meeting at 12:03 a.m. on May 3rd, 2006. Commissioner Ferguson commented the eminent domain legislation had pushed the Commission into a decision and since nothing has gone on in the Heart of Boynton for four years, he would agree to move on both Phase I and Phase II. Ms. Miskel supported Commissioner Ensler's suggestion to convene an emergency meeting on Friday after serious negotiations on the contract. She emphasized if the project had gone to bid in February, Intown would have been in the process and a contract would not have been necessary at this time. If an agreement could not be reached, she predicted the chance of Phase II being developed privately would be nonexistent. Commissioner McCray reiterated Phase I needs to be completed first. Intown had not met with the people in the area, especially the churches, and Commissioner McCray would not vote to force Intown's plans on the residents. Commissioner Ensler requested an announcement be posted throughout the Heart of Boynton if a meeting is scheduled for Friday. Commissioner McCray felt that could not be achieved. Attorney Cherof did not understand what was expected to be accomplished by a delay until Friday. He contended the developer could submit their demands for the Commission's review before a decision is made. Mayor Taylor felt Phase I should continue with the CRA and not be included in an agreement with Intown. Samantha Simons, President of Intown Development Group, indicated they had been involved and in the community for over four years working diligently to be a stakeholder in the community. She requested the opportunity to negotiate an agreement with the City Attorney and City Manager. 30 Meeting Minutes Regular City Commission Boynton Beach, FL May 2, 2006 Vice Mayor McKoy was concerned the people had been promised redevelopment and a decision should be made to fulfill the promise. Mayor Taylor declared there was consensus to continue with Phase I. Commissioner McCray was emphatic he would only support Phase I and felt requests for proposals should go out for Phase II. It was concluded that Intown Development Group could submit a proposal and it would be reviewed by City staff. Mr. Bressner reviewed the time line of the legislation which would be pivotal to any decision. (Commissioner Ferguson left the meeting at 12:21 a.m.) Ms. Young commented the self-assembly group was not aware a presentation or master development agreement would be considered by the Commission and was unclear of the status of the self-assembly group. Mayor Taylor was concerned there did not seem to be any commitment from the staff or the Commission to use Intown Group as one developer for the Heart of Boynton. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor adjourned the meeting at 12:24 a.m. on May 3rd, 2006. CITY OF BOYNTON BEACH ATTEST: .-'-- -... ,,-- ~{~ ~-If},n ~ (050406) r:~~:Y0/~ ;r::;e~_ ~ Commissioner 31 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lawrence Road project (aka Parc Central) OOV"OPM,nl P&Z SUI/ding Engln.er/ng Occ. Llc.n.. O.puty City C/o", APPLICANT'S AGENT: Mr. Brian Terry / Land Design South APPLICANT: Vermac Properties 6, LLC APPLICANT'S ADDRESS: 18999 Biscayne Boulevard, #102 Aventura, Florida 33180 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: 2006 April 18, 2006 and May 2, TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 90 fee-simple townhouse units on a 9.35-acre parcel in the PUD Planned Unit Development zoning district LOCATION OF PROPERTY: Northeast corner of Lawrence Road and 71't Avenue South, approximately 350 feet south of Hypoluxo Road (see Exhibit "A" _ Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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, mernbers 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 Applic~mt'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 terrns and conditions of this order. DATED: 5-S-0b m.~ City Clerk 7. Other LOCATION MAP Lawrence Road Project Exhibit "A" . 310 155 0 , 310 620 930 N 1.240 W+E 'Feet S I "I' 11,111111 ..0........9 ! 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I CITY OF BOYNTON BEACH, FLORIDA , F '9 . . ~~Irll! ~ - iI ~ EXHBIIT"C" Conditions of Approval Project name: Lawrence Road (aka Parc Central) File number: NWSP 06-006 Reference: 2nd review plans identified as a New Site Plan with a February 14, 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 pennitting, show location of call-box on the plans; revise to X allow "resident-onlv" for south gate. 2. At the time of pennitting, provide and clearly label a minimum 40-foot wide X right-of-way (roadway tract) with minimum of two (2) II-foot wide travel lanes. ENGINEERING DIVISION -- - Comments: - 3. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) Use City Standard Drawing P-14 for the sight triangles along Lawrence Road. 4. The storm sewer system is shown with an ultimate outfall into the County's X storm sewer system on Lawrence Road. At the time of pennitting, provide written confirmation that the County will allow this tie-in into their sYStem. 5. 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. 6. 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 nennit application. 7. Upon satisfactory Commission approval of the Site plan, the applicant shall X enter the plat process through the City's Engineering Division. A preliminary plat application may be initiated during the site plan review to expedite issuance of the Land Develooment Permit. UTILITIES COA 04/25/06 2 I DEPARTMENTS INCLUDE REJECT Comments: 8. At the time of permitting, please provide a time line that clearly illustrates X when water and sewer services will be required to serve the proposed project. Your starting date for the time line 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. 9. At the time of permitting, all utility easements and utility lines shall be X shown on the site plan and landscape plans (as well as the Paving & Drainage Plan Sheets (Sheets C-3 & C-4) and the Water & Sewer Plan Sheets (Sheets C-5 & C-6)) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article !, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 10. Palm Beach County Hea]th Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). ]1. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section ] 6, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 12. 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 fonns 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. 13. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shal] be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 14. 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 COA 04/25/06 3 I I DEPARTMENTS INCLUDE REJECT setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancv. 15. A building pcrmit 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 proiect, in accordance with the CODE, Section 26-15. 16. 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 oermit aoolication. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 17. Indicate within the site data the occupancy type of each building as defined X in 2004 FBC, Chapter 3. This development shall be classified as R-2 occuoancv oer Florida Building Code, Section 310. 18. Place a note on the elevation view drawings indicating that the exterior wall X openings and exterior wall construction comply with 2004 FBC, Table 704.8, or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly reflect the percentage of protected and unprotected wall openings permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 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. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subiect reauest. 21. At time ofoermit review, submit signed and sealed working drawings of the X COA 04/25/06 4 I DEPARTMENTS INCLUDE REJECT prooosed construction. 22. 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: 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. 23. To properly determine the impact fees that will be assessed for the one-story X clubhouse, provide the following: . Will the clubhouse be restricted to the residents of the entire project only? . Will the residents have to cross any major roads or thoroughfares to get to the clubhouse? . Will there be any additional deliveries to the site? . Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the clubhouse. 24. 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. 25. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 26. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building numberls must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The 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 IT, Sections 26-34) 27. At time of buildin~ permit application, submit verification that the City of X COA 04/25/06 5 I i DEPARTMENTS INCLUDE REJECT 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: 0 A legal description of the land. 0 The full name of the project as it appears on the Development Order and the Commission-approved site plan. 0 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. 0 The number of dwelling units in each building. 0 The total amount being paid. (CBBCO, Chanter I, Article V, Section 3(t)) 28. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for reVIew at the time of pennit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved bv the Citv Commission. 29. The full address of the project shall be submitted with the construction X documents at the time ofpennit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building pennit annlication at the time of application submittal. .,-- 30. Show the proposed site lighting on the site and landscape plans. (LDR, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TART plan submittals. . PARKS AND RECREATION Comments: 31. Park Impact Fee - 90 units @ $771.00 each = $69,390.00 to be paid prior to X issuance of pennit. FORESTER/ENVIRONMENT ALIST ,.~ Comments: 32. The Landscape Architect should tabulate the total diameter inches of X existing trees on the site. The tabular data should show the individual species of trees proposed to be preserved in place, relocated or removed and replaced on site. The replacement trees should be shown by a separate symbol on the landscape plan sheet I of I (Chapter 7.5, Article I Sec. 7,D.p. 2\ COA 04/25/06 6 I DEPARTMENTS INCLUDE REJECT 33. The landscape sheet should include a shade tree planting detail. This detail X should including a line indicating where the diameter and height of all of the trees will be measured at time of planting and inspection. 34. The landscape sheet should include a palm tree planting detail. This detail X should include a line indicating where the clear trunk, gray wood and height of all of the palm trees will be measured at time of planting and inspection. 35. The landscape sheet should include a shrub and groundcover planting X detail. This detail should include a line indicating where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 36. All shrubs, accents and groundcover plants should have a height and spread X dimension. 37. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 38. The species of trees, shrubs, and groundcover vegetation should be X identified for the site perimeter landscape buffers. 39. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of planting to (proper scale) visually buffer the proposed buildings from the Lawrence Road right-of-way. PLANNING AND ZONING Comments: 40. Approval of this project is contingent upon the approval of the X accompanying request for annexation (ANEX 06-003) and land use amendment / rezoning (LUAR 06-004). COA 04/25/06 7 I I DEPARTMENTS INCLUDE REJECT 41. The following excerpt is from Land Use Problems and Opportunities of the X Comprehensive Plan: "Planning Area 6,C Unincorporated Parcels Adjoining Northwest Corner of the City (presently unincorporated). With exception of the eight (B)-acre parcel adjacent to Hypoluxo (which is now Grove Plaza). these parcels should be annexed and placed under the Low Density Residential land use category, in order to ensure compatibility with existing and future residential land uses in the vicinity. Annexation of these properties will square off the City's boundary and will allow the City to control the use of these parcels, Development of these parcels should be compatible with existing low-density single family dwellings in this area. Development of the parcels that lie to the south of the above-mentioned parcel should be limited to low-density single-family detached dwellings, with a gross density of not more than three and one-half (3.5) units per acre". Therefore, the proposed density of 9.63 acres is not considered low density residential and would be inconsistent with the residential densities of the surrounding properties. Staff is recommending denial of the request for annexation, land use amendment / rezoning, and new site plan. Also, the project proposes single-family attached dwellings but the above- referenced policy recommends single-family detached dwellings. While staff can make concessions to the type of dwelling units proposed (i.e. an appropriate mix of single-family attached and detached), staff cannot support the project density as proposed. 42. Correct the spelling of the street "Jonathan's Wav" on sheet Co?~ X 43. On the site plan (sheet 1 of 1), indicate the location of the mailboxes. X 44. The height of the front entry gates shall not excced six (6) feet in height. X 45. In order to ensure proper maintenance of the buffer areas, staff recommends X converting them from private property to "buffer tracts" that would be owned and maintained bv the Horne Owners' Association. 46. The trees proposed around the townhouse buildings must be installed at X least y, the building height of the building (Chapter 7.5, Article II, Section S.M.). -~ 47. No sign material or color(s) were indicated. Therefore, staff recommends X they be either back-lit or receive uplighting and of have colors that are compatible with the colors of the development ..-- 48. Palm Tran bus route #71 uses Lawrence Road. Staff recommends X coordinating with Palm Tran to install an upgraded bus shelter along Lawrence Road. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: -- - COA 04/25/06 8 DEPARTMENTS INCLUDE REJECT Comments: 49. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 50. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" urogram and must demonstrate their uarticipation. 51. The applicant understands and agrees with Conditions of Approval #24 and #25 regarding the use of a non-potable water source for irrigation X purposes. MWRJelj S:\Planning\SHAREO\WP\PROJECTS\Lawrence Rd. Project-Land Design South\NWSP 06-006\COA.doc ....-- Y ,-L..VnVU::N I Ut(UI::K Ut- fHE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z BUildIng EngIneering Occ. LIcense Deputy City Clerk PROJECT NAME: APPLICANT'S AGENT: Deliverance by Faith Michael Sipula - JMS Architecture Design. Inc. ---------- APPLICANT'S ADDRESS: 10800 N. Military Trail #211 Palm Beach Gardens, FL 33410 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 2.2006 TYPE OF RELIEF SOUGHT: Request Conditional Use/ New Site Plan approval for construction of a 1,712 square foot daycare center and a 3,538 square foot church, on a 28,995 square foot parcel in a C-2 zoning district. LOCATION OF PROPERTY: The south side of Northeast 10th Avenue between Seacrest Boulevard and Railroad Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. /' 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: q -OJ-Db S:\P/anning\SHAREO\WP\PROJECTS\De/iverance by Faith\COUS/NWSP 06-006\DO.doc I I 1 in. = 113.0 feet ~... -. r--- ----1----- . ! I I , , i 1~..-1 ..;;'::l :t ~ ~ ~IN LUTI::fER KING JJiBLVD r I Deliverance by Faith EXHIBIT A - -, Ii ~ :~ 3 ii2 " ~>f:1l :1. "13i , :il'~la : :; ~ I~~ fl :11: ~n : : ~~l" tIft ~" : : N~~ :~ - , i I !~ ;: ) [il,J~: ~; ., ./ .: I t :. ' .! Ill, i :. I: li.III~; / / tll: f. i' ,_'''_ . . -------------~------------- ~ --- RQ8(RT ..elLS S\J9OMSK)N (pul BOOK H, PAG[ 66) lOOOl. RETAIl 00W0lIJIQtt. (UIC) lAHO US( .cr m HDGH9ORHOOO C"OIINOICW.. DtSTR1CT tONING -.... - 1 : I .. , I ." 15a.Q5,' wP.L R08lRT WEllS 5UlIIlM5IClH (PlAT IIOOK JI. PO<< K) lllC'L RET..... ~ (UtC) LN<O use . c:r '" NDGHBORHOOO (XMI[JIQlIL DfSlRICT lONtNC ~tl1~ .'RiB f .~~ .. " ~ . ~ <P -< '" Ji :z: CO ; . ; , J ,i ,. ',I ., :.1 ' I r ,. . ._:~ EXHIBIT B 'R h :::l o :z: ::I >- " HI' ii,lllIi IUiI:otiJ '1J11lI' II ' 11111 If' ,.' i. i I If J II I : If, 'lhf!i(1 .L. ,II," ii;~ ~, it i; flHiS: ( u I:II~I alt.i r (~ Ill', I Iii h,Jr r; I ;u:;} ,- I j h I I J J ;! II! 1/ ilWlli I i II fP.t ~ ~I,; ~~I I,ll !~~ i~~l!l.' gill :z: J I:~i: ~Ie IHI ." I .'.. I'Ii ... '!I:I: 19 HI! IIYI: .:. hi. ..I. an. . { f {EIlI'f ~ nn ~ f I J 'm Ij! : uU . f f "!JIlI" 1fT, ! H H~n H~~ t ~ . ~ h , i" Itlt,r . uU i ni (.~ f 4 nt' Lnl ,~~~ nq ~ ~f ~ m · m I III . Ilfl r" fir I' I C I I II, lil - I · I t r! I 1 - : r I I l~ l~~IJi6 i!~i I i!= ~ ~! g I I i p!! i' E ~i ~ 5 .- z B;~~ ~ . ~I"I/ --- "DB...JVERANCE BY FAITH" auICH LOT 2 ROIlEJIT WELLS' SUIlDMllIOH. I'l.A T BOOK .. PNlE. " Il;:l! ~ ~ I ~ . :z I l ~ ~ I I i -::_:::::-=..._:~.=-=t::=--~:::::::-~ ------o-..._____.~_._ i , !~ ~ ~i ~ .: ~ a.. J . , ,ill ~~~I 'n, ! j L-=_ ~ -~-- ------------- EXHIBIT 8 C---==-~ --_:J ~ ~~~~ t ~ ------------._~- ~ ~~~ ~ ~~- ~ ~ ~ t ~ ~ ~ [7 81tPUH_ "DEI.JVERANce IY FAITH'" ctUICH LOT 2 IIOIIBrT WElLS" IUDM&ION. ruT lOOK ... PACE. lie 'I '. I' I . II ili i, I 'I' t!ttiil' ~~t Illft:t Il'filli ~ I.IIG~.I'tlil" lin Hlt'li! !tl;hll-fllii " !JIIII !' I-GI ,I II Is' l II' I.' 11 lEI !!dilll hiiPl1 u III-'ll IIJ .11 f ~ I,li,l JII! .l . i ,It. I ~ nl' I I ,1 :'1'11111 I i'liil, ! H Ii l I I J I i,1 I t Ii: II J n iU' I I H~ f ~ ~ ;.n I i I !. ~. II fin" )1: 119 II' : , 01 DI nUN I iii II E t I!i G ~J Hil ,'~Ift' . gill W.i dll g IJr-,D.HiUi ~ m "n' m. iiti!ljl n B I' '''', " fl .. 9 HiI S If' Y m 11M "e"~ I t ~ 111m H Ii rag! l' J illl li{ ~ ~ i!~ j. H . · .1. 1: r HI Ill', . , J, IIi III r II ~'P I f Ilf'iI · tit. b" f 'I II, II I! I ,I' Iq it P i!-::: 11 J.Hf H. .. ," j HaP.! 1,'1 II! I' ~D, .1 . .' I 1;,' 1,1 I! ! ,'-- 'i" II fi II !' I ~;I,i U ii ~ih~ I i ~'1<.1 EXHIBIT B i~ 2 ~ II I' II h '1 !I , - i ~. , , " >1i i i~IJ . IJ" il,J . '~l III,. ! jl'j i nl. I !ftl 1 ~ . , ~ . ~ I __ _ _ _ _J l = ~~----~~ -~------- -- -~ I · I - I~ ;., ~ 1 ~ - I - _. _ ~ 11 3t...tl"'12ul l"l. ~ II 1 Ii! i ;j;iq ;\ ii ;;j ;;j r~: : I f Jdf~( ~1 ' IL 11, i i I -'J I I f III i~ I ~ r:IM In' , ",' '~j 111 i ' i( P , , -I -,1 If "I iIi'll I', II. I I ...... .. . 1;- &1" ~ I 'Inn~ :1 ; ,I Ji;; < .,... " t It! I'" I . ,.. u: ".. 1 .... i I ~I. I, I '& ," t . I 1'1 ,;,;, ~ t I jn f I j m 1111I1111111111 DELIveRANCE BY FAln-l CI-tURCI-t 1 f RI ~I 'II IfnI' '!I;I DO"IWT~~I'L~A 111- ''-1 J' jPlf I ~ ~f'l.AN -j ,1 J EXHIBIT B I I I- i I } C" -, j C" .....1 j t:' ". !l! j --:----.... .... "' I ~ i5 j z: ::j :z: C> ;p j ! B ~ ~ ~ ~ o~ ~ ~ t , j I j , I , I SO"" t'" !;" r r" r' r . ..d c:...J;:~ t: - ~--t'- r _ .~ '1 1 · ~ . i~ { at lIrE IUN_ "DflIVERANc:E BY FAITH" CtUlCH lOT 2 IIOIlERT waur IlUIICMSION. PlAT lOOK ... PAGE ee EXHIBIT "C" Conditions of Approval Project name: Deliverance by Faith File number: COUS/NWSP 06-006 Reference: 2nd review plans identified as a Conditional Use/New Site Plan with a March 2 I, 2006 Planning and d ki Zoning ate stamp mar ng. DEP ARTMENTS 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: 2. Provide an updated notice of concurrency (Traffic Performance Standards X Review), which includes the daycare operation, from Palm Beach County Traffic Engineering, prior to issuance of the first permit. UTILITIES Comments: 3, 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. 4, 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. 5. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, In accordance with the CODE, Section 26-207. 6. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT POLICE Comments: None X ENGINEERING DIVISION Comments: 7. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets, 8. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 9. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) using a 35-foot sight triangle at the driveway onto MLK Blvd. 10. Provide an engineer's certification on the Drainage Plan as specified in X LDR, Chapter 4, Section 7.F.2. II. 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. 12. 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: 13. 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. 14. 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, 15. At time of permit review, submit signed and sealed working drawings of the X DEPARTMENTS INCLUDE REJECT proposed construction. 16. If an accessible route has less than 60 inches clear width, then passing X spaces at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable passing place. 2004 FBC, Section ll-4.3.4. l7. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: A The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation 11.35' NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." B From the FIRM map, identify in the site data the title of the flood zone that the building is located within, Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. C Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 18. 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. 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. 373.216. 20. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B The building numbers must be the same as noted on the Commission- approved site plans. C 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, provide a completed and executed CBB Unity of X Title form. The form shall describe all lots, parcels, or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 22. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 23. Add a general note to the site plan that all plans submitted for permitting X shall meet the City's codes and the 2004 FBC in effect at the time of permit application. 24. 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. 25, The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. 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: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 26. The survey shall have been prepared within the last six (6) months and X appropriately signed and sealed. Please submit an updated survey at time of permit application. 27. The Typical Parking Striping Detail on Sheet SP.l does not match the X spaces depicted on the site layout of the parking lot. 28. Continue landscaping (both layers) along the north side, adjacent to the exit X drive. 29. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 30. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and must demonstrate their participation. 31. The west building elevation has been modified and now has a large expanse X of blank wall. Incorporate architectural features to enhance this elevation, such as windows or faux windows to match others already proposed on the other building elevations. 32. Pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time X DEP ARTMENTS INCLUDE REJECT limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (l) year be allowed to initiate this project and pull a building permit. COMMUNITY REDEVELOPMENT AGENCY STAFF COMMENTS Comments: 33. Change light pole and wall mounted lights from commercial design to one X that would be compatible with residential/mixed-use development. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 34. Modification of condition #9 to allow the Engineering Division to work X with the applicant on appropriate sight triangles at the driveway onto MLK Boulevard 35. Recommend the applicant utilize working shutters over the windows as X opposed to the shingled eyebrows depicted on the drawings. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S,\Planning\SHARED\WP\PROJECTS\Deliverance by Faith\COUS 06-OO6\COA.doc