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Minutes 10-03-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 3,2006, 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 Monsignor Leonard Badia - St. Vincent Seminary C. Pledge of Allegiance to the Flag led by Vice Mayor McKoy Mayor Taylor called the meeting to order at 6:30 p.m. Monsignor Leonard Badia from St. Vincent Seminary offered the invocation. Vice Mayor McKoy led the Pledge Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions or corrections. 2. Adoption Motion Commissioner Ferguson moved to approve the agenda as presented. Commissioner McCray seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ferguson referred to the Code Compliance Lien Report (a copy of which is on file in the City Clerk's office) and noted there were many that had been ongoing over 1,000 days. He suggested administrative control is required to resolve the violations rather than allowing them to continue. 1 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Mayor Taylor read two letters commending the Building Department and Mr. Bucklew for their assistance and response after Hurricane Wilma, copies of which are attached. Special thanks were given to Mr. Bucklew, Sal Belloise in the Building Department and Carisse Lejeune, Assistant to the City Manager. Mayor Taylor also read a memo from Mr. Bucklew to his staff conveying the letters and his thanks for their efforts, a copy of which is attached. Mayor Taylor expressed his concern regarding the crowded and inadequate working conditions in the Police Department and the need to lease a facility until the new Emergency Operations Center, Fire Station and Police Department are completed. He requested a consensus from the Commission to authorize the City Manager to commence a search for space. Commissioner McCray suggested the item be discussed under XI. New Business. Another item Mayor Taylor asked to be added under New Business for discussion, was a possible waiver on the sign ordinance for a temporary waiver for new businesses and new project signs. Commissioner McCray requested data on how many generators and ice machines have been funded and completed, plus the status of those not completed. Commissioner McCray suggested Chief Immler announce the upcoming promotions within his Department. G. Matt Immler, Chief of Police, announced five officers would be promoted October 10th at 1 p.m. at the Fraternal Order of Police Lodge on Miner Road. The promotions would include Sergeants Deale and Steele promoted to Lieutenant, plus Officers Everett, DeGiulio and Davis promoted to Sergeants. Four of the positions will fill existing vacancies within the Police Department and one position was created by way of the budget. Commissioner McCray related an incident had occurred between the Police Department and a few residents in District II of the City. Sergeant Deale resolved the immediate issue with professionalism and respect and the City should be proud of Sergeant Deale. He thanked both the Officer and Chief Immler for his foresight with the promotion. III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS, 8< PRESENTATIONS: A. Announcements: 1. Cancellation of December 19, 2006 City Commission Meeting. Mayor Taylor announced the cancellation of the December 19th City Commission meeting due to the close proximity to the holidays. Commissioner McCray confirmed the preagenda conference normally held on December 15th would also be cancelled. 2 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 B. Community and Special Events: 1. Pirates of the Intracoastal - A Fantastic Fantasy Event, will be held on Saturday, October 21, 11 a.m.-7 p.m. and Sunday, October 22, 11 a.m.-5 p.m. at Intracoastal Park. General admission is $7 adults, children 3-12 and seniors $5. A special fireworks display will take place on Saturday at 6:30 p.m. This event is produced in partnership with the CRA. Wayne Segal, Director of Public Affairs, related the Pirates of the Intracoastal has had an overwhelming response. Advance tickets could be purchased at the Boynton Cinema on Military Trail, City Hall at the Mall and of course at the entrance to this fantastic fantasy event. A website is also available: www.boyntonfaires.com. C. Presentations: 1. Proclamations: a. National Customer Service Week - October 2 - 6, 2006 Mayor Taylor read the Proclamation declaring October 2 through 6, 2006 as National Customer Service Week in the City of Boynton Beach. He presented the Proclamation to Anthony Penn, Manager of Customer Services. Mr. Penn invited everyone to visit City Hall and enjoy the celebration including refreshments and information on all departments available and meet and greet the many City employees, including members of the Commission. Commissioner McCray thanked Mr. Penn for his efforts as his department was the first contact a citizen meets when entering City Hall. Mayor Taylor added all the employees are here to serve the public and any and all recommendations on how those services can be improved are appreciated. b. Proclaim the City of Boynton Beach General Election on November 7,2006 Mayor Taylor read the Proclamation declaring an election to be held in the City of Boynton Beach on November 7, 2006 for the offices of Mayor, Commissioner for District I and District III. The Proclamation is required to notify the public of the election and polling places throughout the City of Boynton Beach. c. Tribute to COBWRA (Coalition of Boynton West Residential Associations) on its 25th Anniversary Mayor Taylor explained the Coalition of Boynton West Residential Associations included many of the communities to the west and south of the City of Boynton Beach limits. He read the Tribute and presented it to Barbara Katz and Harriet Helfman. 3 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Barbara Katz, President of COBWRA, accepted the tribute and thanked the Commission. She related the organization has grown from 7 associations in 1981 to 74 in 2006 representing 88,000 residents. 2. Presentation on possible expansion and reconfiguration of Bicentennial Park in conjunction with a new proposed office building. James Barretta, representing the developer, located the proposed site including the many passive parks in the area. He projected the many developments in various stages of construction would result in an increase of 12,000 units in the immediate vicinity. Mr. Barretta noted the other proposal did not acknowledge that three of the properties are under contract with another developer, one property is in probate and another is in litigation making their proposal not feasible. He proposed trading those parcels for the animal shelter and erecting his project on that location. His plan would expand the park along Federal Highway and place the building between the railroad tracks and behind the park. Mr. Barretta's proposed designs would contain fountains and seating, including a pavilion for performances in the park area. The building itself would have retail and public restrooms on the first level, parking on the second and third levels and office space above. He stressed the configuration would mask the noise from the railroad tracks and would involve no cost to the City. Commissioner McCray thanked Mr. Barretta for his presentation and contended although the land exchange would not involve any cost; the relocation of the animal shelter would be an expense. Mr. Barretta understood the CRA would be contributing $300,000 to relocate the animal shelter. Mr. Bressner added there would still be substantial cost to the City and alternatives were being investigated. Steve Utrecht, legal counsel for the developer, advised the proposal was not finalized and requested the Commission authorize the City Manager to enter into negotiations for the project. The final plans for development would have to be returned to the Commission for approval. Mayor Taylor requested the two proposals for the same area be reviewed by staff and a comparison and recommendation returned to the Commission for consideration. Commissioner Ensler cautioned the City Attorney would also need to the review the legal sufficiency of any land exchange and a hasty decision should not be made before a complete review of both projects could be completed. He suggested the November 8th meeting could be a target date. There was consensus that concrete information would need to be analyzed and the matter should not be pushed through the system too quickly. 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) Nathaniel McGrady, 111 NE 18th Avenue, advised there was a safety issue with speeding on NE 18th Avenue and requested speed bumps be installed. Mayor Taylor responded the entire 4 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 neighborhood would need to be consulted and it would be a policy decision. Mr. McGrady also requested clarification of who supervised the Communications Department. Mr. Bressner responded all the employees are City employees and ultimately report to him, as City Manager. Mr. McGrady wanted a written response and Mr. Bressner authorized a copy of the minutes would be sufficient. Willie Aikens, 725 NE 1st Street, President of the Martin Luther King neighborhood association, inquired about the ownership of parcels along Martin Luther King Boulevard and the Heart of Boynton area. Mayor Taylor responded both the City of Boynton Beach and the Community Redevelopment Agency own parcels in the area. Mr. Aikens suggested land swaps would be needed for those families being relocated by Intown Development, the master developer of the Heart of Boynton project. Mayor Taylor advised a tri-party agreement was being drafted among the CRA, City of Boynton and Intown Development for the various parcels. Mr. Bressner offered to furnish Mr. Aikens with a map of the parcels depicting ownership. Mr. Aikens reported various meetings were being held and the City of Boynton and CRA were not providing sufficient input and representation at the meetings. Mr. Aikens also inquired about the status of the Wilson pool. Mayor Taylor announced the ground breaking was tentatively set for December. Commissioner McCray noted without notification of the meetings, time and place, neither staff nor the Commissioners could be expected to attend. Dom Desiderio, 2755 South Federal Highway, on behalf of Atrium Place, thanked the Police Department for their assistance. Mr. Desiderio also reported he had attended the meeting regarding the fire assessment levied and did not feel the figures were accurate. He was concerned that the monies being appropriated were excessive and suggested an audit was required. Mayor Taylor advised an annual audit is performed. Gary Solomon, President of Sand Sifters, explained the purpose of the Sand Sifters and the work they did to clean up the beaches from the Boynton Inlet south to the Village of Briny Breezes including Oceanfront Park. He delineated the excessive amount and types of trash being collected and furnished a detailed list from a recent cleanup. He strongly urged education and enforcement of littering regulations were required to reduce the trash. Janelle McCracken, a member of Sand Sifters, commented there was currently no control for the ongoing littering. She felt it was a safety issue not only for those using the beaches but also for the wildlife and marine life that frequent the beaches. Ms. McCracken also stressed the citizens using the beaches should be held responsible for the problem. Kathy Silverio, 10 Velaire Drive, a volunteer with Sand Sifters, suggested a key factor to the littering problem should be education of the public on the dangers and consequences of littering for the users of the beach, the environment and the eco system. Rod Silverio, 10 Velaire Drive, a volunteer with Sand Sifters, contended the littering laws should be enforced and the problem will only become worse as the population of the City 5 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 of Boynton Beach grows. Mr. Silverio requested the assistance of both the Commission and the Police Department to attempt to monitor and lessen the impact of the littering. Michael Halasz, a volunteer with Sand Sifters, related the problem is widespread throughout the State and a solution needs to be coordinated with other cities. In his view, there was insufficient signage about littering at Oceanfront Park. Mayor Taylor inquired if an estimate was available on the trash generated from boating as opposed to beach goers. Mr. Halasz explained the tide line is where most of the boating trash accumulates, but the bulk of the trash has not been found along the tide lines. Mr. Solomon added other cities along the coast were looking for Boynton Beach to be the forerunner in establishing a policy to deal with the issue of trash and banning smoking on the beaches since cigarette filters were a significant concern. Commissioner McCray suggested the Sand Sifters submit their recommendations in writing for the Commission's review. Trish Kogge, a volunteer with Sand Sifters, mentioned the protected sea turtles were also impacted by the debris problem which was definitely against the law regarding protected species. David Katz, 67 Midwood Lane, complained the CRA was not fully supporting Intown Development, the master developer chosen for the Heart of Boynton project. He understood the contract was not completed and even a congratulatory letter needed by the developer to obtain seed financing had not been provided. Mr. Katz urged the City of Boynton Beach and the CRA to get the project off the ground because if it does not happen soon it will not happen at all. Commissioner McCray saw no need to rush to get an agreement. It was more important to get the agreement right, than get the agreement right now. Sergio Casaine, Meadows Park Lane, had attended a public meeting at St. Paul AME Church with the master developer regarding financing for new homes. Many questions had been asked that the developer could not answer. Mr. Casaine felt there appeared to be confusion among the residents about the project and the City of Boynton Beach and the CRA should become more involved in the meetings. Communication with the residents was an issue that should be addressed. Commissioner McCray reiterated the fact that the Commission, the City of Boynton Beach and the CRA cannot participate in meetings when they are unaware that the meetings are going to be held. There were many staff members that could be of assistance; however, the closed door sessions prohibited their participation and input. Elizabeth Jenkins, 711 NW 1st Street, asserted the developers would tell the residents anything to get the job and the residents needed guidance from the City of Boynton Beach to 6 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 evaluate all the alternatives available. She noted the meeting dates and times are not coordinated so the residents can attend all the meetings to get all the information. Commissioner McCray agreed with Ms. Jenkins and felt the City of Boynton Beach and the CRA needed to be included in the discussions instead of the developer holding private meetings trying to make a dollar. Herb Suss, Quail Run, suggested those individuals trained to monitor and ticket disabled parking violators could be trained and utilized to assist the beach littering violators also. Mr. Suss also cautioned that the expenses for the City of Boynton Beach should be closely monitored in light of the reduced tax millage. He urged that a slower approach to development should be utilized. Further, the golf course administration and staff were commended by Mr. Suss for the automated tee time system. The Library project was a natural resource that should be completed as soon as possible according to Mr. Suss. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Accept the resignation of Jean Kashan, a regular member of the Arts Commission. Motion Commissioner McCray moved to accept the resignation of Jean Kashan. Commissioner Ferguson seconded the motion. The motion passed unanimously. Mayor Taylor thanked Ms. Kashan for her service on the Arts Commission. B. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date Ensler Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Ensler Cemetery Board Alt 1 yr term to 4/07 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07 II McCray Community Relations Board Alt 1 yr term to 4/07 I Ensler Community Relations Board Reg 3 yr term to 4/08 Tabled (3) II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) III Ferguson Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3) IV McKoy Education and Youth Advisory Board Reg 2 yr term to 4/07 Motion Commissioner McCray moved to approve Vice Mayor McKoy's appointment of Pamela Camel as a regular member of the Education and Youth Advisory Board. Commissioner Ferguson seconded the motion. The motion passed unanimously. 7 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 IV McKoy Mayor Taylor Library Board Library Board Alt Alt 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 III Ferguson II McCray Recreation & Parks Board Recreation & Parks Board Alt Reg 1 yr term to 4/07 3 yr term to 4/07 Tabled (2) Motion Commissioner McCray moved to table all other appointments not made. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Special Fire Assessment - September 13, 2006 2. Agenda Preview Conference - September 15, 2006 3. Regular City Commission - September 19, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Approve a piggyback on the City of Brooksville, Florida Generator Equipment Bid #GG2006-02 for (2) two Katolight 60kw emergency stand-by generators with an estimated expenditure of $20,913.95jeach for a total expenditure of $41,827.90. One-half of the purchase price to be reimbursed by the Town of Hypoluxo and the Fairmont Place Homeowners Association with a net fiscal impact to the City of $20,913.95. 2. Award "CO-OP BULK QUCKUME", Bid #068-2821-06jJA, to CHEMICAL LIME, INC. of Lakeland, Florida, with an estimated expenditure of $193,842 for the City of Boynton Beach Utilities Department. Commissioner McCray pulled item VI.B.2 for discussion. 3. Approve piggyback (DeKalb County, Georgia) purchase of a mobile Breathing Air Supply Trailer from Breathing Air Systems in the amount of $85,932. This purchase is grant-funded through a FEMA Fire Act Grant. Commissioner Ferguson pulled item VI.B.3 for comment. 4. Approve the contract for "REPLACEMENT OF BOYNTON BEACH UFEGUARD TOWERS" Bid #057-2413-06jJA, to J. RAWN ENTERPRISES INC., of West 8 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Palm Beach, FL, in the amount of $103,365 with a contingency of 20% for a total expenditure of $124,038. (Proposed Resolution No. R06-166) Commissioner McCray pulled item VI.B.4 for discussion. C. Resolutions: 1. Proposed Resolution No. R06-167 RE: Approving a change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP) increasirig the subsidy of the disaster prevention strategy from $5,000 to $10,000. Commissioner McCray pulled item VI.c.1. for discussion. 2. Proposed Resolution No. R06-168 RE: Approving and authorizing execution of a Marketing & Events Cooperative agreement between the City and the Boynton Beach Community Redevelopment Agency (CRA) in the amount of $34,101 in order to combine resources, ideas and efforts to plan events for the City and the CRA. Commissioner McCray pulled item VI.C.2. for discussion. 3. Proposed Resolution No. R06-169 RE: Approving and authorizing execution of an Interlocal Agreement between the City and the School Board of Palm Beach County for the mutual use of facilities. 4. Proposed Resolution No. R06-170 RE: Approving and authorizing the execution of Amendment #1 to Task Order U-04-18-2, Stanley Consultants, Inc., in the amount of $49,857 providing for conversion of existing utility base maps to a new Auto CAD standard. 5. Proposed Resolution No. R06-171 RE: Approving the adoption of FEMA guidelines for future reimbursements after a storm event for debris pickup on private roads and gated communities. 6. Proposed Resolution No. R06-172 RE: Approving and authorizing the execution of a Task Order for $9,850 to SFRN, Inc. to provide Site Plan Exhibits and the Permit Applications for dredging and adding two (2) buoys to the channel at Boat Club Park. 7. Proposed Resolution No. R06-173 RE: Approving and authorizing the execution of the Library State Aid Grant Application. Commissioner McCray pulled item VI.C.7. for discussion. 8. Proposed Resolution No. R06-174 RE: Approving and authorizing execution of a professional service contract with Ms. Donna 9 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Brosemer, d/b/a Politically Correct Inc., in the amount of $31,500 annually. 9. Proposed Resolution No. R06-175 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the American Legion Post 164, Boynton Beach, FL granting the use of City owned property located in the landscape median within the right-of-way of the intersection of West Ocean Avenue, Ocean Drive and Southwest 6th Street for the construction or placement of a monument honoring members of the United States Armed Forces. D. Approve full release of surety for the project known as Dahlgren PUD in the amount of $549,093.05 and return of the letter of credit number 3053264 from the Bank of America in this amount to the project developer. E. Approve the updated Library Long Range Plan for 2006-2009. Commissioner McCray pulled item VI.E. for discussion. F. Approve paying full-time category "c" employees for Tropical Storm Ernesto. Vice Mayor McKoy pulled item VI.F. for comment. Motion Commissioner Ferguson moved to approve the consent agenda items with the exception of those pulled for discussion. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI.B.2. Award "CO-OP BULK QUCKLIME", Bid #068-2821-06/JA, to CHEMICAL LIME, INC. of Lakeland, Florida, with an estimated expenditure of $193,842 for the City of Boynton Beach Utilities Department. Commissioner McCray asked for the percent of increase in the costs. Kofi Boateng, Director of Utilities, responded the increase was approximately 25% over last year. He did not have an explanation for the increase. Motion Commissioner McCray moved to approve item VI.B.2. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI.B.3. Approve piggyback (DeKalb County, Georgia) purchase of a mobile Breathing Air Supply Trailer from Breathing Air Systems in the amount of $85,932. This purchase is grant-funded through a FEMA Fire Act Grant. Commissioner Ferguson noted the FEMA grant was for $28,000. 10 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Motion Commissioner Ferguson moved to approve item VI.B.3. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI.B.4. Approve the contract for "REPLACEMENT OF BOYNTON BEACH UFEGUARD TOWERS" Bid #057-2413-06/JA, to J. RAWN ENTERPRISES INC., of West Palm Beach, FL, in the amount of $103,365 with a contingency of 20% for a total expenditure of $124,038. (Proposed Resolution No. R06-166) Commissioner McCray inquired if the new towers would withstand a hurricane or could they be disassembled before a hurricane. Jeff Livergood, Director of Public Works and Engineering, replied the towers are designed as disposable items. The towers withstand not only wind loads, but also ocean tides and storm surges. In normal operations, the towers would have a lifespan of approximately 15 years. Motion Commissioner McCray moved to approve item VI.B.4. Commissioner Ferguson seconded the motion. The motion passed unanimously. VI.c.1. Proposed Resolution No. R06-167 RE: Approving a change to the Hurricane Housing Recovery Program's Hurricane Housing Assistance Plan (HHAP) increasing the subsidy of the disaster prevention strategy from $5,000 to $10,000. Commissioner McCray requested clarification on the income levels required for the $5,000 and $10,000. Octavia Sherrod, Community Development Manager, explained Community Development Block Grant funds were made available through an Act of Congress for federally declared disaster areas between July 10, 1005 and October 24, 2005. Boynton Beach received $lM based on a hurricane housing strategy for owner occupied housing rehabilitation, land acquisition and disaster prevention. It was determined that many homes did not have proper hurricane protection. The $5,000 was determined to be insufficient, so the $10,000 figure was established. Ms. Sherrod noted priority would be given to the senior citizens and those that were physically impaired. The monies must be spent within three years. Other funding sources are being applied for and upon receipt public notification will commence. The monies could be used for shutters, repairs, emergency supplies, or interim repairs. Motion Commissioner McCray moved to approve item VI.c.1. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VI.C.2. Proposed Resolution No. R06-168 RE: Approving and authorizing execution of a Marketing & Events Cooperative agreement between the City and the Boynton Beach Community Redevelopment Agency (CRA) in the amount of $34,101 in order to combine resources, ideas and efforts to plan events for the City and the CRA. 11 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Commissioner McCray announced the pooling of services and resources with the CRA would save the City of Boynton Beach considerable monies. Motion Commissioner McCray moved to approve item VI.C.2. Commissioner Ferguson seconded the motion. The motion passed unanimously. VI.C.7. Proposed Resolution No. R06-173 RE: Approving and authorizing the execution of the Library State Aid Grant Application. Commissioner McCray requested an update on the amount of the grant and the specific use for the funds to be received. Craig Clark, Interim Library Director, advised it was a yearly operational grant; the amount to be announced in February, 2007. In the past the funds were used for computer technology, books and other operational expenses. Motion Commissioner McCray moved to approve item VI.C.7. Commissioner Ferguson seconded the motion. The motion passed unanimously. VI.E. Approve the updated Library Long Range Plan for 2006-2009 Commissioner McCray requested an update on the Long Range Plan. Mr. Clark reported the long range plan guides staff to provide quality services to the community. The Plan is required by the State of Florida to apply for aid, library construction funds and other grants. It was developed with input from the community, Library Board and staff to be updated annually. There are ten goals that explain the philosophy of service and determine the practical implementation of those philosophies. Motion Commissioner McCray moved to approve item VI.E. Commissioner Ferguson seconded the motion. The motion passed unanimously. Mayor Taylor noted he received positive feedback on the Library and its staff. VI.F. Approve paying full-time category "C" employees for Tropical Storm Ernesto Vice Mayor McKoy inquired if the same type of request would be needed each time a declared state of emergency had been issued. Mr. Bressner explained it would not since all full time employees have now been classified either "A" or "B" that are covered under the Emergency Pay Policy. The only employees remaining as "C" employees would be part time employees and they would remain a recurring issue. Sharon Goebelt, Director of Human Resources, advised part time employees do not receive sick time or vacation and, therefore, would not receive any monies. It was the consensus of the Commission that the part time employees should all receive their pay. 12 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Motion Commissioner McCray moved to approve item VI.F. with the amendment that part time employees also receive pay. Vice Mayor McKoy seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE 8< LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS THE CITY COMMISSION WILL CONDUCT THESE PUBLIC HEARINGS IN ITS DUAL CAPACITY AS LOCAL PLANNING AGENCY AND CITY COMMISSION A. Project: Agent: Owner: Location: Description: Peninsula (SPTE 06-007) Tom Yianilos Waterbrook Development, LLC 2649 North Federal Highway Request for a six month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. (Request to table to November 21, 2006) Motion Commissioner Ferguson moved to table item VIII.A. to November 21, 2006. Commissioner McCray seconded the motion. The motion passed unanimously. B. Project: Agent: Owners: Location: Description: Baywalk (NWSP 06-017) Carlos Balbe, P.A. Southern Homes of Palm Beach V, LLC West side of Federal Highway, North of Miller Road Request for new site plan approval for 40 townhouse units on a 2.26 acre parcel in an IPUD zoning district. Kathleen Zietler, Planner, reviewed the application and indicated it met all the requirements for the IPUD. The design was neo-Mediterranean and it would participate in the publiC art program. Staff recommended approval to include the 61 conditions of approval. Carlos Balbe, agent for the applicant, reported the developer agreed with all 61 conditions of approval. He explained the site had originally been approved for 45 units and had now been reduced to 40 units with single car garages and two story units to be more affordable. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the publiC hearing. 13 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Motion Commissioner McCray moved to approve item VIII.B. Commissioner Ferguson seconded the motion. The motion passed unanimously. c. Project: Agent: Owners: Location: Description: D. Project: Agent: Owners: Location: Description Boynton Bagels (ANEX 06-007) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to annex subject property. (1st Reading of Proposed Ordinance No. 06-081) Boynton Bagels (LUAR 06-020) Bradley Miller, Miller Land Planning Consultants Peters 3377 N. Federal Highway LLC 3377 North Federal Highway (east side of Federal Highway, south of Turner Road) Request to amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential of 5 du/ac (CH/5) (Palm Beach County) to Local Retail Commercial (LRC) (1st Reading of Proposed Ordinance No. 06-082) Request to rezone from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) (1st Reading of Proposed Ordinance No. 06-083) It was agreed items VIII.C and VIII.D would be combined for hearing. Attorney Cherof administered an oath to all those intending to testify and read Proposed Ordinances No. 06-081, 06-082 and 06-083 by title only. Ms. Zeitler reviewed the requests and gave a brief overview of the project. Staff had reviewed the requests and found them consistent wit the annexation rules and respective designations and would not create any additional impact on the infrastructure that had not been anticipated. It would also provide an increase in the economic status of the City. All requests were recommended for approval. Bradley Miller, Miller Land Planning Consultants, representing the applicant, clarified there were two parcels that were to be combined for the development. One parcel had to be annexed into the City. He noted the plans satisfy the goals and objectives of the Comprehensive Plan and all other plans. The site plan application is in process. Mayor Taylor opened the issue for public hearing. Hans Kahlert, 3210 Palm Drive, and a resident in Tradewinds, owns three contiguous lots adjacent to the proposed site. His concern was once the zoning is changed to commercial, if the business failed, what other type of commercial property would be allowed? Mr. Kahlert 14 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 requested the hours of operation and any loading or unloading be limited to a certain time frame. He also requested site lighting be regulated and any outdoor noise from any type of public address system be limited. Another concern was the placement of any dumpster and trash and possible pest control. Mr. Kahlert suggested some type of sound barrier be required along with upscale landscaping and design. Mayor Taylor replied Mr. Kahlert's concerns were valid, but should be discussed during the site plan, not at this juncture. Commissioner McCray noted at the CRA meeting Mr. Kahlert had requested the hours of operation should be from 7 a.m. to 3 p.m. Patricia Kahlert, 3210 Palm Drive, Delray, contended with a donut and bagel shop across the street from the proposed lots would assure the failure of Boynton Bagels and the developer was only proposing the project to get the zoning changed. The property to the south of the site could be purchased and with the zoning changed another bar and strip club could be established. Mrs. Kahlert was very concerned the ongoing prostitution activities crossing Gulfstream Boulevard would continue and further denigrate the neighborhood. No one else coming forward Mayor Taylor closed the public hearing. Commissioner Ferguson inquired if the property to the immediate south was in the County and the total square footage of the combined lots. Mr. Miller replied it was in the County. Ms. Zeitler explained staff had reviewed the possibility of the lot being a non-conforming use and whether a variance would be required. Staff concluded a variance would not be required because of the existing non-conforming structure. Mr. Miller added the total lot size of the two parcels would only be 5,500 square feet. The restaurant use would be allowed in a C-2 district. The C-3 zoning requested would be consistent with the adjoining parcel. Commissioner Ensler noted on the future land use map the zoning is Commercial High. Ms. Zeitler defined Commercial High as equivalent to a general commercial zoning which is compatible with the local retail commercial that the City has in the C-3 zoning along Federal Highway. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-081. Commissioner Ensler seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Ferguson dissenting) Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-082. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 15 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-083. Vice Mayor McKoy seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. 8:49 P.M. 8:57 P.M. MAYOR TAYLOR RECESSED THE MEETING FOR FIVE MINUTES MAYOR TAYLOR CALLED THE MEETING TO ORDER E. Project: Agent: Owner: Location: Descri ption: Red Lobster (NWSP 06-018) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #3 @ Boynton Town Center, approximately 450 feet north of the northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 7,010 square foot restaurant and related site improvements on Out Lot #3 of the Boynton Town Center site. Attorney Cherof administered an oath to all those intending to testify. Ed Breese, Principal Planner, reviewed the request for new site plan to be located at the Boynton Town Center project. The materials and colors of the proposed project were in compliance and compatible with the surrounding area. Staff recommended approval. Linda Nunn, agent for the applicant, displayed a sample of the colors and materials to be used, noting the restaurant would be done in coordinating earth tones and echoed other elements of the Commons. She further explained the signage would be shared with other tenants. The applicant agreed with all 39 conditions of approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Ferguson moved to approve item VIII.E. Commissioner McCray seconded the motion. The motion passed unanimously. F. Project: Agent: Owner: Location: Description: Smokey Bones (NWSP 06-019) Linda Nunn GMRI, Inc. (Neil Terwilliger) Out Lot #1 @ Boynton Town Center, northeast corner of Congress Avenue and Old Boynton Road Request for new site plan approval to construct a 6,436 square foot restaurant and related site improvements on Out Lot #1 of the Boynton Town Center site. 16 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Ed Breese, Principal Planner, located the proposed project at the corner of Old Boynton Road and Congress Avenue and reviewed the request. He noted the materials and colors are also consistent with the Boynton Village and Town Center plan. Staff recommended approval of the new site plan. Linda Nunn, agent for the applicant, indicated the materials and colors are similar to the Red Lobster project. The design is more grandiose since the building occupies a corner lot and will include a tower element for a gateway or entry feature. The applicant agreed with the 30 conditions of approval. Motion Commissioner Ferguson moved to approve item VIII.F. Commissioner McCray seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Schedule of all development fees and when payment is due Mayor Taylor indicated the City Manager had requested that items IX.A and XII.D.l and XII.D.2 be rescheduled to the first meeting in November to allow staff more time to gather needed information. Motion Commissioner Ensler moved to reschedule items IX.A., XII.D.l and XII.D.2. to the November 8th meeting. Commissioner McCray seconded the motion. The motion passed unanimously. B. Discussion of Public Arts Fund and Art in Public Places Program Mr. Bressner advised the timing of the payment for the arts fee was the only issue and suggested 30% of the fee be paid at the time of the permit application and 70% paid at the time of the issuance of the certificate of occupancy. Commissioner Ensler suggested the entire amount should not be paid until the certificate of occupancy would be issued and the fee would then be less whatever they have included in the project in the form of art. Debby Coles-Dobay, Public Arts Administrator, contended the payment of the monies was a motivational tool to include art in the project from the planning stage forward. She noted there is a graduated refund of the monies as construction continues. Commissioner Ensler disagreed and voiced concern that a certificate of occupancy could be delayed pending approval and valuation of the art and there was no appeal process in place. He suggested the fee be made payable at the time of the issuance of the certificate of occupancy and add a provision to the Ordinance to allow the Commission to intercede with any disagreements on value. Commissioner Ferguson agreed and Mayor Taylor added the City needs to be proactive to make sure developments get off the ground as quickly as possible. 17 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Mayor Taylor also suggested, based on the current market, that projects on the grandfathered list at the time of the effective date of the ordinance not be assessed the fee, even if they apply for a site plan extension. Attorney Cherof noted the election of the fees for those grandfathered projects was at the Commission's discretion. Commissioners Ensler and Ferguson agreed with Mayor Taylor. Attorney Cherof advised it would be best to change the ordinance and make it very clear when the fee does and does not apply and affirm those on the grandfather list are not subject to the arts fee even if a site plan is amended or extended. Ms. Coles-Dobay inquired if a project had more than one building would the first certificate of occupancy require the payment. All agreed the first certificate of occupancy would require the arts fee to be paid. Mayor Taylor's other concern was if the art was not approved and the site plan would need to be changed, the entire project would be required to go back through the complete approval process. Ms. Coles-Dobay commented there were different types and forms of art that could be added that would not require site plan changes. Attorney Cherof suggested any art change be considered a minor change to be approved administratively by the Director of Development. Mr. Bressner noted there were other issues with the Arts Commission that require further research by staff. Ms. Coles-Dobay cautioned the proposed changes would drastically change the proposed budget. C. Discussion of CRA boundaries Commissioner Ferguson requested to defer any further discussion on the issue since he was advised any change would divert TIF funds to the County rather than the Boynton Beach CRA. X. FUTURE AGENDA ITEMS: A. Heritage Festival update (October 17,2006) B Addition of requirements over and above State requirements for board members to recuse themselves (October 17,2006) C. Feasibility of Saturday hours for the Building Division (March 2007) XI. NEW BUSINESS: A. Discussion of leasing space for the Police Department (Added to the agenda by prior motion.) Mayor Taylor requested consensus to authorize the City Manager to investigate the possibility of leasing space for the Police Department to alleviate crowding at the current location. Commissioner McCray agreed if the new location remains within the City limits. Vice Mayor McKoy and Commission Ensler agreed. 18 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 B. Discussion of temporary signs for new businesses (Added to the agenda by prior motion.) There was consensus to direct staff to recommend an ordinance change allowing temporary signs to be used for new businesses for a period of no less than 60 days. Vice Mayor McKoy brought up a County initiative for a pilot project to have WiFi on a County wide basis. Mr. Bressner advised discussions with the County have been ongoing since Boynton Beach already had the WiFi experience and an interlocal agreement was being drafted. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING None B. Ordinances - 2nd Reading - Non Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-078 Re: Establishing a policy for naming City facilities within the City of Boynton Beach, providing for the appointment of a committee to act in an advisory role to the City Commission on the naming of City facilities. (To be continued to October 17, 2006) 2. Proposed Ordinance No. 06-079 Re: Amending Chapter 18, Article II, Division 4 to amend Section 18-111 entitled "Normal Retirement" to clarify the intent with respect to issuance of a supplemental benefit (13th check). (To be continued to October 17, 2006) 3. Proposed Ordinance No. 06-080 Re: Amending Chapter 2, Administration, of the Code of Ordinances to add a new Article XV; Small and Minority Business Enterprises; establishing a program to assist small and minority business enterprises in competing for and being awarded City contracts; establishing procedures for designation of small and minority business enterprise status; authorizing administrative action to implement, administer and monitor program goals. (To be continued to October 17, 2006) Attorney Cherof explained the items needed to be continued to satisfy notice requirements. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 06-084 Re: Adopting the proposed revisions to the Boynton Beach Administrative Amendments to the 2004 Florida Building Code. 19 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 Attorney Cherof read Proposed Ordinance No. 06-084 by title only. Motion Commissioner McCray moved to approve item XII.C.1. Commissioner Ferguson seconded the motion. Vote City Clerk Prainito called the roll. The motion passed 5-0. D. Resolutions: 1. Proposed Resolution No. R06-176 authorizing the proposed adjustments development and related applications. RE: Approving and to the fee schedule for (Motion previously made to reschedule for November 8, 2006) 2. Proposed Resolution No. R06-177 authorizing the proposed fee additions permits. RE: Approving and and adjustments for building (Motion previously made to reschedule for November 8, 2006) E. Other: None XIII. UNFINISHED BUSINESS: A. XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:32 p.m. 20 Agenda Regular City Commission Meeting Boynton Beach, Florida October 3, 2006 ATTEST: dith A. Pyle Deputy City Clerk (100506) CITY OF BOYNTON BEACH f< , r .. ~/J /c-<-..;:;:~../ .-..-- VI -~7!~ ComrnJssio ler C:\Documents and Settings\Owner\My Documents\100306.doc 21 DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 06-131 FROM: Building Division Staff William Bucklew, Building Official ~ TO: DATE: September 21, 2006 SUBJECT: COMMENDATION FROM ED SCHLECHTING OF VILLAGE ROYALE GREENHAVEN XC: Kurt Bressner, City Manager Quintus Greene, Director of Development Nancy Byrne, Assistant Development Director Sal Belloise, cm Construction Coordinator Octavia Sherrod, Community Improvement Manager Attached is a letter of commendation that I received from Ed Schlechting, Building President for Village Royale Greenhaven Association, Inc. I would like to extend my personal thanks and appreciation to each of you for your professionalism, dedication and excellence. You have all demonstrated the core values of this City, and continue to demonstrate these values on a daily basis. I am proud to be leading this Division as we work together to build a better future for the City, its customers and citizens. Great job team, keep up the good work! WCB:rs Attachment S:\Development\BUILDING\Memos\Commendation Memos - 2006\BJdg Div Staff. doc .LlLClge R.oijClle Cjreevd1ClveVl- Assoc. lVI-c. 230 N.C::. 2Gtk Ave. B.oij Vl-tOVl- B.eClcir!, Fl. 33435 September 18.2006 Mr. William Bucklew City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425 Dear Mr. Bucklew, I would like to take this opportunity to commend your department. Since Hurricane Wilma your department has been exceptional. They have gone out of their way to assist us whenever we called upon them. Their understanding and compassion are truly appreciated. As a senior citizen community often times our residents can be difficult due to the stress and uncertainty the hurricane has caused. Your team has been patient and helpful to one and all. I especially wish to thank Sal Beloise for his fine work. Sal has never let our community down when we have had to call on him for direction or assistance. He is truly what every public employee should be. I know we can continue to work together in order to have our residents back in their homes shortly. Sincerely, ~.( ~~ '-- / Ed Schlechting Y Building President ,"""""' .. Ii") i< Ir' ,,: II;!" . II n ~.c'L!!_l._.:'._.lL I Ii 'n) , ! i . "'11 ,r_ Iii JLii !SEP" 9 2006 if ii) I I. !I.".. I L.___._.... ---..__.J ! n/.- !'Mlrf'.t,-~ ~,_'-.: . \r- '. . I.' ,- ,r: C\i- f,< I ~." BOARD OF DIRECTORS · Christopher A, DeLiso President * Kathleen Carroll Vice President Lisa Simshauser Secretary Carol Parrish Director 1$ 'tl,.~ lOb ~-O"I [;E'l",.;,~~-'r ;;TI~r,",r.-.].~.) · Ii-- '.. ,. --- "1 SEP ;'~~~'-}YI I I CITY MANAGEJ?'S OFF1ill C,c.. c...l,.,eo....."~l- 13,....~. ~~ &u.""y" ~ ~,~~L. '7.;;.~"d '!-' AI Whitten Treasurer 36 Crossings Circle Boynton Beach, FL 33435 (561) 737-0408 . Fax (561) 737.4946 * Licensed Community Association Manager Mr. Kurt Bressner City Manager City of Boynton Beach Boynton Beach, Florida, 33435 Dear Mr. Bressner, o I am writing in regards to the excellent job that Mr. Bill Bucklew is doing in his position as Building-Official. I am the first to write to you with a complaint but I want to make a point of a job well done as well. Mr. Bucklew is a breath of fresh air to the Building Department. He is a worker for the people of Boynton Beach. The Crossings participated in the program promoted by the City to instalJ'a generator and an ice machine. During the installation of the generator Bill Bucklew has taken the lead as the Building Official in helping the Association get the permits and getting the project completed. He took the time to come to the Crossings personally to assist us. The Crossings also wants to recognize and thank yo'iJr assistant Carise who stepped up to the plate and initiated things when Mr. Bucklew was away at a class. If it were not for Mr. Bucklew and Carise's interventions The Crossings would have pulled out of the project. The steps that the city required were overwhelming. The participants were led to believe it was a one two three process. We would not have the generator and ice machine we have now have in the event of an emergency. Kudos to your staff. !fDJU ~ n W I ~..I' ilJl] ~P262006 . . , . ,,~ r,Vi, DEPARTMENT O~ DEVElOp: DEVELOPMENT ( JER OF THE CITY COMMISSION CITY OF BOYNTON BEACH, FLORIDA '=THE PROJECT NAME: Baywalk Development P&Z Building Engineering ce. License Deputy City Clerk APPLICANT: Southern Homes of Palm Beach V, LLC APPLICANT'S AGENT: Carlos Ballbe, Carlos J. BallM, PA AGENT'S ADDRESS: 4401 W. Tradewinds Ave, Suite 201, Lauderdale by the Sea, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 40 townhouse units on a 2.26-acre parcel in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 3103 North Federal Highway (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant V""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: IO-fc -ob Yn.~ S\Planning\SHARED\WP\PROJECTS\Soutbem Homes ofthc Palm Beaches\Baywalk\NWSP 06-017\D().ooc .. , I i ! ~/ ~" 7 / / - 5020 5021 1 in_; 171.6 feel 0010 0243 I -r r- 0260 I I' 0270 0110 II 0010 U 0090 0020 0700 0280 0250 (' ---'I 0690 0020 ! 0122 i 0080 I 0290 0240 L L_m ( - I 0300 0140 I 0050 I ( ,..---------... /0060/ 0150 I " -',- 0040 , >...r...-----.----.-----..-..-..-..-..-..-..-..-..-r i 0651 0652 I i,~ I I I - I I -1 i I 0680 J030 140 _-1 i ;0 --1 i I ! 0350 i-I ,0020/ I / , / i V .-.._..--+_.._..-.__.+_._--~_.~_..__._._-_.._._- 0642 0641 -I / ! ~ I I I I 0620 i ;-_._ ----..~..,,-- -----~..- --...-.----~--T._.- l L1 0210 0191 0171 I 0160 i i , __.__..~__._.__.._.___"t._- ! i I ,i i 0370' 0590 ,I I ! I - ! , .__._.------.L_______..___.___._.______._.__.._.....,..__..___.._..----..-..--..-.- '+'7 r---------- 0150 ! i , , , i i i i ! f , , i 1-..-.-T-.:--.-..;----.--.-.-.--.--.--.-.-.--~._+.-.._.'-+----1 ! 0090 ! 0101 ! 0120 i 0131 i i' : ! 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HOllO A JJ4H z ~ ~~ . ~ ~ 0 z ~ '" ~~ !'i ~ '" ~ "' ~ ~ p! ~ :E -< ~ <5 . z <5 ~ z ~ ~ , " '" ~ "I 1522 ~ g "' ~ :::! o z ~ , ~ BUILDING 4 i .. lllllrllll I ,HiPpe Iii I If II II U !i '1 I n ! i / i I I , , , , , .. 0. 'm]""O' 'D' . - - .. .. ~..... . )> : ; = : - ~i!: i . . - I! '. . \0 : - ~. 11 - EXHIBIT B BAYWAlJ( - Il/lln. --~ '0' __IUC 11!1'; ~ SOUTHEJtN HOMES ='~-- --- -!fi f c IOYTON UACH, HOllDA JJ4JJ ~..::- ! - , '0 EXHIBIT B ro 11 g I I H ! 'I I !j !, i ii I 'i i · I . V> C"l () '" 0 . 0 z c 0 z 0 ~ ~ I![l 5 ~ ~ 0 0 ii '" 0 ii '" !i . . ~ ... "l " " . ~ '" OJ "I . ~ . z . . 0.. _.~ . o .----- -~ BUILDING 4 BAYWAlK '0' SOUTHERN HOMES - ~-~ MlM.-.o<IIlC ==--- --- ~r.:.r''=- ""IC"l1l . .J~. i ~U:; ~ !ni; ~ [j- 'ITf]""O' 'D' _ R" ~. . ..'~ ~ . ~ ; ~ 1 j i ij' 1 .OYTON UACtt. HOlID'" )3.13 . ~~ m ~ ~ ... <5 z ~,. ~ ~ ,. ;!~ 0 m ~ ~ ~ m ~ ~ ... ~ " <5 ... ~ z <5 z ~ ~ , " OJ ~ ~~ 2i !!l ~ 0 z BUILDING 5 m" - " .. -)> ! : I .,. -l " ~ ....I - z g~.toi'~i 6"6~'6~G" H!.~~ ~~ ~~iWii ! ~h~! ~~ F t 2~F ~! ~ ~.~~ ~ g :a3 ~ ~ ~ ~i r ~ ~ Ii < , ~ , ~ " I" " III f r r II' r: I I ,lilPl!g !i I'll n I! II i l~ < I I III ' I 'I ! II ~ " ai . O"D ." , :;.:;; ~ ~i - ~ EXHIBIT B BAYWA1.K - 'IIU". --~ '0' _1IlOl1W:; !Ii'!. ~ SOUTHERN HOMES =-=--- i ~ 0 --- ! if~ I c lOYTON IIACH, HOllD" ))4)5 ~..=- :!i,"Q '" C) (') ..---' 0 0 z .-'---1 c 0 z ~ ! 0 ~ 8 8 '" '" ~ , ~ .. BUILDING 5 [U- 'ITJ]':"O' 'D' . ~ - ~ ~ ...-. . ~ ~ q i j il' 1 ~ Ul~ I ;! ! I , ;11 I e!! ~ ~ ~ ~ l Ii i !i . Ii ! ' ~ EXHIBIT B > > .~ > > > " " ~ " ~ ~z " > . BAYWAlK '0' SOUTHERN HOMES - __a __IW; r::=--- --- ~.::-..::- ,:!Hl 9. 1&=1. 0 ~ !1! i c !!f ;: "0 'OYTON lEACH, HOI.IOA ll4ll 00. v>'; . ...... ! : '-' ;: !' . . . tv - c z :::j V> :< -c ~ r- -c 5 -I -c ): Z c z :::j ;;. I - -n L__l' J :IIH EXHIBIT B w., ".Ir ..W ....r "-J' ! i I ... v, c z :::j &, L____ ~l :, - ~~ W., c z :;:i () .~ .. ., ~ .., r ~ n_ W., r ""1,- c 1 z i :::j I 6 ~ J .~ ~~ I W., t D"C] . - . ~- ~ . .... - -. . - - ~i i BAYWA1.I( ~ i ~!!l! S'. --~ '0' __IIIC SOUTHERN HOMES =,,::'l"'- .f!i ~ 0 --- h~~ i c: IOYTON "ACH. HOlIDA IJ..SI ~,-- Hf ~ " MI!,__ EXHIBIT B ~ -@ @ '" r 0 1" , ~ r r r 0 ~ Ii i PPI '" Ii!\! -0 ,Ill s: jlH z I'! i' , , I I ::.:::; II I ~ ". w c_ :::. '" . '" ~ -0 -_.----_.-...- ------- -- ~ -----..----- g i '" m C Z " '{' .... II@ ~ '" m -< ~ m r > ::1 ~ '" ~ n ?' ~ I Ci is m r Z Z ~ .-------""",-- is z ----~. ~= tr[ ~~ <:: ~ "l ... ~ ;r "l <:: ~ 0; ~ ~ o ENTRY FEATURE ~. '-ffi]'"'D' , - - -. .. .... . ~ ; ! i j ill ' --------..... --~~--::::::-- BAYWAlK '0' SOUTHEIlN HOMES - ~-~ _~'lIC -......-- -- --- -,_..- ".,011I"- 'IHi C>II . "r" lilli; ~ =n~: ~ .OYTON lEACH. flOkl"" ))~lS EXHIBIT B , =<(3 , @l , , :!I 0 , ~. '"8 ~~ lag ~~ 0", m", mm -~ m ~g ~ ~ I ;:j'" I om ;:j Z Z ~ :ii I ~ . :;: I . illS 0i!l000000000I I ! ~ 11l1I1I1/l1 Ii lilil!ill ~ I ~ ,Ii II!, I Iii I II ji illllll! III I ! i , , · I,ll' l U i I Il @ @ @ p r r I I I I d n f ~ I S a ~ ~ Ii If & ~ 2 t I q ~d I . < I ~ ~ ill~ ~ ~ I ! I I I 0" " -:> ; : N ~ : 8 ~ '" o c m ~ ~ '" ." ~ ~ :ii 'D. 'D' ~ ~~; ! ! ii ; BAYWAlK ~ .ffliiCln --~ '0' _IIOOlIUC i ll~!~ ~ SOUTHERN HOMES -.....-- -- --- !!;: i c _OYTON U"'CH. HOllOA ))435 ~~.=- W','O B HHliilflfll,"j}!,'iilfllif:IIIII'il'ini H ~ ~! ~~ ~i ~ 'IIP.jlll'i.}"ll' ! ! !I,. III '2 ~ ~9' ~~ ~ 1m lliUiliUI'tl,H 1I,1ii1UiUl H ~ ~ ' ~~ i~ ~ III'IIIII"!;I' J II I I. hi l!'l'; j& H~~~ ,1,1' I JUt il}lt!llli! !It',,~ lilt} mIll mt~ ~ ! ~ ~ qpl i dUl"" lit I filii illlll ;;lt~ ~~I~ r ~ dim I1f 'fl I J.. '1' II '~i~ ~ ~ J II' ",lj'l!! m~' I~ ,I, . ~~ ~ ,'j'I'lt'i!11 ~ I \ 111111 ; ; ; ; i i (ii' iuM i I~ i I~ ; ; ~ ; I' i ;i; i ; ; ; ; " ~ i11il'l III hi 1'111,11(1' 111",.!III'I'1l1l ." '1'1'" 11111 'il' I I " I', ~ I'~" ~.!' n t . " . I ~ (.1" ~ 1 . ." r fIE' (I ~ , ~ ~ ..,! f~ t .~.. ""~ r~I;r'~ ~~"n~l'"""1\".l'fl h'. H PHr'. IUU t <I It III 'j'l' j 111111 n III i r "1' II!! · I I . I. II ~1:WI;JWJj'li ~ I! i II (h lll~ I '1~~~'1'~.1\"~~~1 f"~~'~".""~"I 'I .,. . . , 1 ! l l f !J~ f ! ~ ~ j ~ " I ; J J; Ji "I, J I , . I ' I II;; !I ; I' II ! i I . Ii j ,hi ,hi II I I" II '11'1" Ii II I 'i 'i ~ G ~ I II ""I{ It i " j: j: J. j: ~ I " .1 : ~ i i 1 l~ , ~ OW 7' I ~!It ...... ! H~; BA YW ALK Boynton Beach. FI Southern Homes SITE PERMIT PLANTING PI,AN GILL DESIGN GROUP lANDICAPBAIIaImlCl'S.l.AJoI)~ MS,W.IOIIllIUVIl,BOCAL\1'O",I'UWllo\nR6 !iIOHI!"I-3I'."':D5 YAX561-4I~I1U T ~ LTI- 'i -~; ; ~ : ~ "'tl m '" ~ !::l m '" ~ r- r- V> =1 m "'tl > Z ~ ~ ~ o ----- ~z O-D . - . ~. ~ . ... - -. . - . Ii ; BAYWAlK - ! ~!!!!S'II --~ .0. __tl&C SOUTHU.N HOMES ='=-...- I ~i'~ 0 --- n~f c: IOYTON IlJl,CH, nO"IDA 33415 :r,eo::-..::- i!r , 'C "'tl m I~ ~J' ~ II m '" ~ r- r- "'tl > Z ~ ~ ~ 'I' I, " I '" piiiiill iPiI!I!,1 I Blli i ~ II "'tl m '" ~ !::l ,-~ ;;ll ~ L__ r- r- m r- ~ 6 z ~ t ,-- I L__ . .'- . . . . c V> ..:.. o m () o ~ <: m " m Z () m ~ ~ oil EXHIBIT B ,. ,! Ii Ii \ I j- ., II CONDITIONS OF APPROVAL New Site Plan Project name: Baywalk File number: NWSP 06-017 Reference: 2nd review plans identified as a New Site Plan with an August 15,2006 Planning & Zoning date stamp marking I II DEPARTMENTS INCLUDE REJECT PUBLIC WORKS .. General Comments: I. Prior to pennit application contact the Public Works Department (561-742- X 62(0) regarding the storage and handling of refuse per the CODE, Section 10-26 (a). 2. Provide a roll-out area for Buildings I and 2 along the main east -west X roadway to eliminate the need for solid waste to access the dead-end roads in front of those buildings. 3. Provide an area for recvcling and bulk waste oickup. X 4. Delete dumpster enclosure by Building 2. X . PUBLIC WORKS - Traffie _..-- .-.- .. -.-"- Comments: . 5, The turning movement necessary to gain access to Unit 4 (Building I) is X virtually impossible to make in a single movement. Even making multiple maneuvers to gain access creates an unsafe condition for motorists. The driveway access point shall be 30 feet from the roadway intersection (LDR, Chapter 6, Article IV, Section I.A.I.). ENGINEERING DIVISION e---- 1-----..--.. - Comments: 6. All comments requiring changes and/or corrections to thc plans shall be X reflected on all annrooriate sheets. - .'--- 7. 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. ---,--- . 8. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of pennitting. .- BAYWALKNWSP 06-017 CONDITIONS OF APPROVAL PAGE 2 DEPARTMENTS INCLUDE REJECT 9. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Constrnction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the Water & Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. II. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 12. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.sj. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)), due at time ofpermittinj;(. 13. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 14. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12-ft. The Water Distribution and Sewage Collection System Plan Sheet reflects only two (2) 6-ft. wide utility easements on either side of the main roadway (ingress- egress), which does not cover the proposed water and sewage main lines. Please clarifY. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a}. IS. 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 oermanent meter is set. Note that BA YW ALK NWSP 06-017 CONDITIONS OF APPROY AI, PAGE 3 I II DEPARTMENTS INCLUDE REJECT setting of a permanent water meter 1S a prerequisite to obtaining the Certificate of Occunancy. 16. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this proiect, in accordance with the CODE, Section 26-15. 17. There are canopy trees specified within the utility easements throughout the X proiect. Please correct. 18. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with thc Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: NONE X POLICE ----.- - ..~-- .- Comments: ._~-- - 19. Applicant shall provide a detailed photometric lighting plan. X --- 20. All lighting shall be metal halide following IESNA Lighting standards. X .- 2 L Landscaping shall not conflict with lighting (to include long-term tree canopy X growth1-. ------ _m 22. Timer clock or photocell lighting for nighttime use shall be above or near X entryways. 23. Pedestrian scale lighting shall be used for all street and pedestrian walkways. X It is suggested that interactive or lighting on demand be used in sensitive areas. .. - 24. Numerical address: Shall be illuminated for nighttime visibility (dusk to X dawn). Shall not be obstructed. -- .- - 25. Residential Security: The door leading into a residential unit should be a X solid core door and equipped with a single cylinder dead bolt lock (including garage door). When placing the order for a front door that will have a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. If front door has zero visibility to front entryway area, it should be equipped with a 180-degree peephole. Entry door ~_. ...---..--. L-_________ BA YW ALK NWSP 06-017 CONDITIONS OF APPROY AL PAGE 4 DEPARTMENTS INCLUDE REJECT should open outward versus inward. All exterior doors should be equipped with security hinges. Anti lifting auxiliary locks should be installed on sliding doors and windows. Should be pre-wired for alarm system. There should be strategically placed directories with arrow indicators for buildings throughout the property at vehicle driver sight level. The directories should be placed at the ingress points. If benches in a park area are intended for nighttime use, adequate lighting should be provided for the area in which they are located. They should also be in open view to eliminate concealment areas. 26. CPTED conditions for construction site burglaries: Prior to issuance of the X first building permit, the applicant shall prepare a construction site security and management plan for approval by the City's Police Department CPTED Official. The development/project manager, after site clearing and placement of construction trailer, shall institute security measures to reduce or eliminate opportunities for theft. The management plan shall include, but not be limited to, temporary lighting, security personnel, vehicle barriers, construction/visitor pass, reduce/minimize entry/exit points, encourage sub- contractors to secure machinery, tools at end of work day and or any other measure deemed appropriate to provide a safe and secure working environment. BIDLDING DIVISION Comments: 27. 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. 28. 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. 29. 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. 30. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2004 FBC, Section 1607 and Table 1607.1. Indicate the live load (pst) on the plans for the building design. BA YW ALK NWSP 06~017 CONDJTJONS OF APPROVAL PAGE 5 , I DEPARTMENTS INCLUDE REJECT 31. At time of permit review, submit signed and sealed working drawmgs of the X proposed construction. ------ .- 32. To properly determine the impact fees that will be assessed for the one-story X poolhouse, provide the following: Will the poolhouse be restricted to the residents of the entire project only? Will the residents have to cross any major roads or thoroughfares to get to the pool/clubhouse/recreation building/lease office? Will there be any additional deliveries to the site? Will there be any additional employees to maintain and provide service to the site? Please have the applicant provide the City with a copy of the letter that will be sent to the impact fee coordinator. To allow for an efficient permit review, the applicant should request that the County send the City a copy of their determination of what impact fees are required for the pool/clubhouse/recreation building/lease office. ~. 33. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. -_.~,._- _._-~,.._---- 34. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. ---- _.--~- e------ 35. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission-approved site plan. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. The number of dwelling units in each building. The number of bedrooms in each dwelling unit. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) .---" .- f--. . 36. At time of permit review, submit separate surveys of each lot, parcel, or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel, or tract. The recorded deed shall be submitted at time of permit review. 37. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have becn satisfied by a paid fee or conveyance of property. The following informati~,--__ ~--_..-_.- BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 6 DEPARTMENTS INCLUDE REJECT shall be provided: A legal description of the land. The full name of the project as it appears on the Development Order and the Commission-approved site plan. If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. The number of dwelling units in each building. The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(t)) 38. Add a general note to the site plan that all plans submitted for permitting shall X meet the City's codes and the applicable building codes in effect at the time of permit application. 39. 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. 40. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permit application at the time of application submittal. 41. If this project is located within the Downtown Stormwater Improvement X Watershed. Therefore, appropriate fees must be paid to the City of Boynton Beach Utilities Department prior to the issuance of a building permit per the CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted to the Building Division at the time of permit application submittal. PARKS AND RECREATION Comments: 42. Park Impact Fee: 40 single family, attached units @ $771.00 each = X $ 30,840.00 to be paid prior to issuance of first permit. FORESTERlENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 7 I I DEPARTMENTS INCLUDE REJECT 43. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. Identify location of public art on site plan, if the intent is to place the art on site (as opposed to payment in lieu of). The fee associated with this program is required at the time of permitting. _.-- 44. A unity of title may be required. The Building Division of the Department of X Development will detennine its applicability. .--"- ~. 45. The survey shows an existing billboard is located on site. Please indicate it's X location on site plan and note it will be removed prior to the issuance of the first building permit. - 46. Prior to the issuance of a building or land development pennit, the applicant X shall provide a copy of the homeowners' association documents for review and approval. 47. The dimension of the parking stalls, vehicular back-up areas. and dumpster X enclosure location / orientation is subject to the Engineering Division of Public Works' review and approval. 48. Add note to plans that regarding solid waste disposal: garage units will have X curbside garbage pickup in front of each unit, which units will have a group location for roll outs, and dumpsters for the remaining units. .. -~ 49. To enhance the front building elevations, provide white light fixtures on each X side of garage doors. -. --".------ -- e-~' ---. - 50. Provide details on plans which indicate location and type of pavers in streets X and drivewavs, and-type of pool deck material. .. .-- +--~ -- 51. Revise white pool fence to match brown color of all other aluminum railing X and fencing on site. .----~,. - 52. Revise perimeter wall detail (sheet SP-I) to include columns with caps at X regular intervals. Only the columns and caps may exceed 6 feet in height (not continuous coping). Wall detail indicates "By Others". Please explain. .-' 53. Consider working with your neighbor to the south (Palm Cove) to utilize their X perimeter wall rather than building one immediatelv adiacent to it. .-- - "'0"-- .---- 54. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section IO.C.4.). Place a note on the elevations indicating this reouirement. .~-~-- ---~ 55. Staff recommends additional architectural treatments (wooden shutters, I X -~-- BA YW ALK NWSP 06-017 CONDITIONS OF APPROVAL PAGE 8 DEPARTMENTS INCLUDE REJECT trellises, windows, etc.) to the side elevations visible from Federal Highway, to alleviate large areas of blank wall. In addition, provide a supplemental drawing that shows the east elevation (along Federal Highway) that depicts the buildin~s, fences, and plant material at time of plantin~. 56. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). Please categorize plant material into the following categories: Canopy trees, Palm trees, Shrubs, and Groundcovers. Revise landscape plan to indicate the total quantities within each category and the percentage of native species within each category (minimum of 50% in each cate~ory is met). 57. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X inches in spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.C.4. 58. Revise landscape plan to indicate hedges in perimeter buffers along north and X south-E!"operty lines as continuous, solid visual screens per code requirements. 59. Lighting shall not be of an intensity that produces glare on adjacent property X (Ch"]J!er 9, Section 10.F.2. 60. The sign structure must be located at least 10 feet from any property line and X surrounded by two colorful varieties of shrubs and two colorful varieties of groundcover. Staff recommends that the sign be externally lit, with ground up-lighting. Revise sign details to comply with the requirements of Chapter 21, Article IV, Section J.D. of the Land Development Regulations. 6J. The landscape plan notes indicate that non-potable water will be used as the X source of irrigation for the project. However, if the non-potable water source proves to be too brackish, and potable water has to be used for irrigation purposes, then the use of drought-tolerant species shall be utilized, and water conservin~ irri~ation techniques be applied such as a drip system. CRA STAFF Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS BA YW ALK NWSP 06~O 17 CONDITIONS OF APPROVAL PAGE 9 I r DEPARTMENTS INCLUDE REJECT Comments: ---- .----- -------- ---- To be determined. ~ MWR/kz S:\Planning\SHARED\WP\PROJECTS\Southern Homes of Palm Beach\Baywalk (fka Oceanside)\NWSP 06~017\COA.doc DEVELOPMENT ( JER OF THE CITY COMMISSION = THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engln..rlng Occ. Llcen.. D.puly City Cler. PROJECT NAME: Smokey Bones APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan Approval for a 6,436 square foot "Smokey Bones" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applic51nt ~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 "CO with notation "Included". 4. The Applicant's application for relief is hereby L... GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: /0- ",-ob S:IPlannin9ISHAREOIWP\PROJECTSISmokey BoneslNWSP 06-019100.doc ... 1 in. = 135.8 feet Smokey Bones Exhibit A , ,'1, .. .< " ......_Mo\ll44tl~\llMtI..............1IUlN. -... .... f~!UiIiii:i:,"~ijm,'I~ """'/1,'" 11'II'll!~ 1/'I",'I""',1i/9I'IJlI .iI! il,"/"'/I,;" !Wrll U',"I/ H OJ ',Ii I , il"Ii ii, .1/ II " I.. I I I "'!III!!' 'I'I",I!/ 1 !lllJi ,'IIi' I d, ;1/ I i ,'l,,"',li,Qii1111 1 'I "'1./'" I Iii ' Ji!lq ; " : ii :11 ! I II II!l i I W I :1/ \1 Q I / .. I' I !::;! II i I \ ~ I ffi I I ~ ' '1 II :b- '/" ~ ~I Id ;1 'I ! ~ .I _ I!!! j I I; , t I!, I' I I j · "II! Ii II : II I i~ II'! '" '! i . ~ii .- ~ l= ~ .. , II /. If Ii - ,I ~ IDI~I ;111 IDtiJ IDl~1 I' '" '= f. , " Ii " BOYNTON TOWN CEIlTER lJl SMOI<EY BONES J OVTlOT NO. 1 --- -- .-.. .w..._,,~ ,,--.,. _"'r ......___.___..___..____ j-: -< ~:'1 ~ II ^ ~~ =i= ~ 5 I .,,1 I I::XHI~IT B --... .-- j'~i - ~ ~ I i @ ~: SII.~rw 151.M' ON ROAD ~ - ___---j ..-L-L-L If -dd" ,.If- nI ;_ =- ~ -r:- '::.(~ -~.- ,; !B CID ;:, . . ." e 6 . r I !~: ~ i I f"-lV , ~ J:Hi'PII . @ <B I i I I! II ,; I,'; Ii ",iD I'. !', ',r :, I!I I .Id " 'f Ii !d: " I, I'd if', i I "I I I IIf:li!; IIi' filii ' III II Hi 11111 'BH i " flU ::m I! III J: 16 I"H, ""IEU' II .' 'H!::: 'i" III IJ If," il f,sl I I: 1'111 " P I !II .., I It 'l'l~ I i"I'~ II WI. ~ . d I i I :m ~"I ! J"I. r . fit I .... J 'I ;"'2 t.ll I " "'II!! ~m Iud! f, I ... :;":1 uu.;'! lI:iad! , I - - -.- ~="Iio!o.... ..I~i::-_. ~ "::'-~e=- SITE Pl>>I - -. """ - - .. I I I , !llif I LJ !IIM: n ~ 1IlilU I ~ :!el' 1:' ~ !!~!Iql~ I~ I,I' hll! ~ i-Ill_'II 18 ! 11111 I! I ill:" II I I f.... I ~.~I!iI~'li; III ti ~ . . ~ . . . . , , . . , , ~ I , . I . . . i , i . J ; ; , I I I I ! , , , I , I ! . ! G ! ! ! ! ! , I I I . . . . . i i i Ii i . i . i . i ! . I I I I I I I I ! ! I ! I I I . . I I I I I . I II 8 ~ 8 II II ; ~ b II l I ! I I Ii! I I ! I 'II I I I ! I I I I I . I II L I I! .! I I "li!!IIII!qil'llillilll Ii f 11/ I i ij ! I III II Iii I I ! II t f Ii ! I Q;l$ 0 0 119 000 0 (') 0 (') 0 0 <II 10 II III .000 &]00 '1IIi.I' I I I I. I I I I I I I I I I I I I I I ;G~!i ~, ' 'a~O/:JNOJ.No(08070 .~ ~ r" l'iI~I'!I_- 1111 Ii '\ nlll'" _.. "t ' . "'\' ,;!:~; - ~ l I f I I I I I' 5 ! I ~ ~ '1, IIIII! '" z "' U ::J 1 . ~ .> i ~ 8 .L181HX3 . ----------_. --_. -- . I I. ("t)1! ""'I 0 I~ ~g ..... , L ~ f if I If . II!/I . Iii Iii. I I II I I t J t , If ~ d , f Ii P I I l Iii, i /1 if,hpI" f 11:11 " i ",' i if I ,II: h,: t i i ! : i ,. ~ ,: t ,1'111111 J il.H, ~H HH!I.ltI" Ii f II IUln:I<<Inu:tUU!ullhllllu ,~ Q +.. ............".. .". 1l~IfIllt;lIII....:...t'.Si....JI . I ~ :''iti~~{;i c" ~~ ..~~._. ,. ~~~~;1,! ~ t-~....- -...... .. .,..", ..."... ~'\d':i';); ::-: U :1 (NmiJi/ t. 1 ..1&:t:i5i- ;~. ':./v.~i;;J(i':- ;/ ;f::;1~1#1,!;i ;; . ..........,. ...,...................... ....-...Wl~..._...................1lIlMo , . , I II If · I 1 , II , .,,'ilf ii.lrlh !" . /\~r I "' I \ \ / '-- /""--" I \ \ / '-- . EXHIBIT B 8 .ll81HX3 ):- .,. i\) I' I 0lIil0Wt..,..~. ~"'lJ'I3Ifc1l11dt.Ul"'_Cl\Il\'_IfO~"'" ................ t1...__ Ii. J II It!:: t: It J:' Illllf)l , JQ Jill' .,." II .. II ,. ~ ,. ,.,.,... ,.+ SC' !I 1I1II1!IIIUI'UII':lIIIIII:lUIlIIIII r' lIpl.hll.. Ih 111'1 11111111., g ;I ill! p hd1qMIl'1 !III ~ i' !I'~ II i l'U::lcll! 1.1 J II ; I I I , { IJ I I II I Ii I ,I ,1 I , I rl!f ii, e I ,ii I . Ir III ~i~1 ;II I T ~a ~~ !l . I ~XHIBIT "e" Conditions of Approval Project name: Smokey Bones File number: NWSP 06-019 Reference: 2nd review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp ki mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Conunents: None X PUBLIC WORKS- Traffic Conunents: 1. Construction of this project IS contingent on construction of off-site X improvements In accordance with the Palm Beach County Traffic Concurrency notice dated February 1,2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section 1l.J); X include a pavement message in yellow indicating "No Parking _ Loading Zone". See City Standard Drawings "K" Series for striping details. To be provided at time of permitting. UTILITIES Conunents: 3. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). As a general rule, restaurants require this approval to insure that grease traps are properly designed. 4. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. 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. 7. Utility construction details will not be reviewed for construction X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. 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. 10. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. II. 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: 12. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. 13. Buildings, structures and parts thereof shall be designed to withstand the X minimwn wind loads of 140 rnph. 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 DEPARTMENTS INCLUDE REJECT are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of pennit application. 14. At time of pennit review, submit signed and sealed working drawings of the X proposed construction. ]5. A water-use pennit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the pennit shall be submitted at the time ofpennit application, F.S. 373.216. 16. 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 pennit application: )> The full name of the project as it appears on the Development Order and the Commission-approved site plan. )> The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 17. 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. 18. 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. 19. 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 permit application at the time of application submittal. 20. A section of the bar counter shall comply with the 2004 FBC, Section 11- X 5.2. 21. The construction documents shall be routed to the Florida Department of X Business and Professional Regulation (DBPR) for review and approval prior to submittal to the Building Division. The DBPR can be contacted at 850- 487-1395. PARKS AND RECREATION Connnents: 22. Trees must be a minimum of 12 foot to 14 foot with a three (3) inch X diameter at DBH. FORESTER/ENVIRONMENTALIST Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT ! Comments: Plant Schedule Sheet L201.L202 X 23. All shade trees must be listed in the description as a minimum of ] 2-14 feet in height, three (3) inch DBH (4.5' off the ground) not caliper, and F]orida # 1 (F]orida Grades and Standards manual). The height of the trees may be larger than 12-]4 feet to meet the three (3) inch diameter requirement; or any clear trunk specifications. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 24. Tree species listed on the Palm Beach County "prohibited plant species' list X cannot be used on the site. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 25. The applicant should add a note on Sheet L20] that all utility boxes or X structures (not currently known or shown on the plan) should be screened with Coco nlum hedge nlants on three sides. 26. The applicant should add a note on Sheet L20 I the no Cypress mulch may X be used on the site. 27. The applicant should show the 50% native species calculations for each of X the categories of trees, shrubs and I!foundcovers/. 28. Turf and landscape (bedding plants) areas should be designed on separate X zones and time duration for water conservation. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmenta] Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND WNING Comments: 30. Staff recommends additional and larger landscape materia] along the north X elevation, and include a greater number of taller shrub specimens and trees along the west and south elevations. 31. Full size trees, a minimum of 12-14 feet tall, with a minimum 3" caliper X dbh, must be planted every 30 feet in perimeter landscape around parking lots. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.).The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building sil!l1agewill be subiect to the Sil!l1 Prol!flllD for the entire center 33. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected and finaled, as well as all denicted sidewalks. 34. It is the applicant's responsibility to ensure that the new site plan is public]y X advertised in accordance with Ordinance 04-007. DEPARTMENTS INCLUDE REJECT 35. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of permitting. 36. All ground equipment shall be adequately screened on at least 3 sides with X hedge material. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation designs (such as a driP svsterri), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trips noted in the Bovnton Villa2e & Town Center development order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\ WP\PROJECfS\Smokey Bones\NWSP 06-019\COA.doc DEVELOPMENT \JRDER OF THE CITY COMMISSIOI'o OF THE CITY OF BOYNTON BEACH, FLORIDA Devolopmonl PH Building englnnr1nQ Oeo. Lle.n.. D.puly Clly Clork PROJECT NAME: Red Lobster APPLICANT'S AGENT: Linda Nunn APPLICANT'S ADDRESS: 1807 S. Indian River Drive, Ft. Pierce, FL 34950 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 3,2006 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for 7,040 square foot "Red Lobster" restaurant in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: Approximately 450 feet north of the northeast corner of Old Boynton Road and Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ../ 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. 7. Other DATED: I D - ro - oC:, S:IPlanningISHAREOIWPIPROJECTSIRed LobsterlNWSP 06-018100.doc ... 1 in. = 135.8 feet ~'--c? , (r \ , ''\ T Red Lobster Exhibit A !IIII 3 .- ~-"~"'\IIl-$I11I'lAA." lIl_ll'I ~OI,: '1.... ~-.-... 11/1::,':jjl.,lllili~j.'l",'jr ' :-'-,;,/ _._~.-. --.:..-.------------ ,.",,111 111,lli'''J'' ,'11 o'I;'II'W'I,I"I,II', . flil/II'll!IIII,!I! "I'Il!, I I 'Iill, "111'11'1' :'III/:',.l': ii','l "l":~,, .f,'l "Il" !Il~li 1.1I 'Ie I /I"il 1 !Il!'i 'If l' I,. 'Il "",,1,;'1, ~ : .,", mli11i1!i,1l1! ii, "'1', :. .,', "I I , .- 'II I. "II/ :,,'" iii 'r; " il' . r I' I 1 I ~~ ." i l ,! Jl Illij !i 'l'i~ II" .~ -!!""O"]i il'!; ,!, il"'1 'liD II -1'1" . I I, i.lid 1/ II 1111 ,i I h I ~ Pli!!' ~:I~ a~li P'i:~IIII'::!i lI'flEU11I11 f'filll II "~ W , 1m 11m I: "H'Ili ~! ,i,:1 P~l~ lilil iililill~in"lilll II I' ~!f! :~~ ':Hul' P "Jill' fi' iii, ~5 !, I, "':11 'j HI WI: ;IJ:~: IIi ,I m: 'in i q!:f B ,1116 n '''' I u! I tl I .., .. i I !l!! ,II! II j' i ei 1 I 'u ~~~~ E I i' U. ~u:, 13 : :illl!! ~ : Ii I !~Iit I ;. ! / ~. II I' ~ ,II I 1"1 "Ii, f II Ii I ~ EXHIBIT B ," -. ; : U 1111/1 . I I I!O+ I+r I I , I I () I~ I I '~ i i i I ~ II : I R ~ ii, II'!I'I~ 1 III , 'Ii i~ III I! Ii i iI~ I ,: I, i i I ~-III i<.i II' f I 'i i J II" l . I,! I, I! Ii' I I 111'11 II I . I I I I , , !! I IIII I 1 I L @I I , I ,.....!J, I I @ t; I 9 I Ci I n ~ 1 ' , , ,., '~~ I , I I I I r-II1i'- I -~! - I, I I . I v ! i i I i , . I ,I I .. i n UJ-W I UI H 1'1 , . I i I I I I :5 ,rl1 r------ hi 11I1 1B(ID=I.q''B601i I I ( Hlfi'P/I @> <B Ii' I!.! - II ! ff:~ ',. BOYNTON TOWN CENTER 01 I REO LOBSTER . ounOT NO.3 &o'l'/fJON1UOi fI.OftlOA SITE PlAN -. -- -.... ~="IIoirI.... U711 ..Il------.. --====-~ - - ~ - -- M' ~ -r II I II I I II I I II I II II I I I I ~, 1VBB"3/'14 "E ~ /: .' 1 ,\ ..... -r ~ r> 0 fl i ci ; ii i< ~, >1 ~~ji~ a l; : I. ! Ii ~. ~i~' I II I! II!! l II Iii! I .! il 'I : I! iJ!i ! 'I! I,!l i il ~!I! ! > I il~! 'il ,Ii' i j ~ I! II ~ II! li"ll I ! I ~!I!i l i ~~, i i i '1 I, ! lr I'll 1 !; EI II I; i,l ~ I "i ~, II 8111 ",111111 a oil ~XHIBIT B il 'U I' ili'll 9 ~ >r ,c ~ ai" ! ......... "" , .. ""'Jl tlli II !II "11 IIU iI i! II f I I IHlIi I II Ii! liP jl ~ J m I I i ~ 0: 0: l!I II ;t;;,. 't~'i 'n" " , " ~!H j1ClClt ~ ~ Pi i!I.:r"'1I n ~ 't 'II p n ~h ~ ;;t ~ gH~ i ~ , . . . a ao ! U ~ 0 .. ~ ~ ! ~d I " - !,! - I' ! , l > ~~i1iC;l<g8!l~! . " ~ lI: , .. .. .. .. ~ ~ ~ t Ii '" ",-' Ii i 16 II Ep~1U . HI · 1 II ~ . II ~p~ i i I . r ~ . , , I ! ! I I I I i illW~ I Ii> l f'ip ! ! i I . ~ ~, i " ! I I I I ~ . nmH~a ! , . ; > , miHiil , I I i ; ~ ~~~H~~~ 0 g~gggng , i ! ! m ~~. ~rt\ ~ 2C7 . ~~'ii ~!i ~7;; p~ :ig ~. ~ LOBSTER ~" ~!lll OlY Of OOlN1IlN 'EACH. oaDe & aOIDQaDt;1 ~.- tIll___ __ _ w.,..- "'"'~ lAndscape Architeclure Anslysls Plannlna fl_A j 1/11111 .hl'f'lll ~~i , I, " i I, " I i . I ~ qll/ ......... ""/"11 ~~ , 11'/1Il I'"~ ~ , EXTEIUOIl _"lIONS --- .-- . . I EXHIBIT B , I I II ; 11'111 ............1.'.1.'1; I EXl_ ELEVATIONS c EXHIBIT B I II 1111 n:,nu Ii ~ll /111111, 1 III II Iln II I I I I!' 1111' I I . I . " II II' . ~ I II'I/It ~I~ ~ I EXHIBIT "C" Conditions of Approval Project name; Red Lobster File number; NWSP 06-018 Reference: 2"d review plans identified as a New Site Plan with a July 7, 2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments; I. Construction of this project is contingent on construction of off-site X improvements in accordance with the Palm Beach County Traffic Concurrency notice dated February I, 2005. 2. Delineate and stripe a "Loading Area" (LDR, Chapter 2, Section II.J); X include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings "K" Series for striping details. UTILITIES Comments: 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. 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 olan aooroval, whichever 5. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occuoancv. 6. 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. 7. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction oermit application. Conditions of Approval 2 I DEPARTMENTS I INCLUDE ! REJECT I FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. 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. 10. 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. 11. Paving, drainage and site details wiII 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 Constrnction Standards" and wiII be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 12. 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 bv the commission and at permit review. 13. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 503 of the 2004 FBC. ]4. Genera] area modifications to buildings shall be in accordance with 2004 X FBC, Section 506. Provide ca]culations verifying compliance with the above code sections and the 2004 FBC, Table 503. ]5. Bui]dings, structures and parts thereof shall be desilmed to withstand the X DEPARTMENTS INCLUDE REJECT 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 subnritted for review at the time of permit application. 16. At time of permit review, subnrit signed and sealed working drawings of the X proposed construction. 17. 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. 18. 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 subnritted at the time of permit application, F.S. 373.216. 19. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A The full name of the project as it appears on the Development Order and the Commission-approved site plan. B The total amount paid and itenrized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 20. At time of permit review, subnrit 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 subnritted at time of permit review. 21. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be subnritted to the Building Division for review at the time of permit application subnrittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 22. The full address of the project shall be subnritted with the construction X documents at the time of permit application subnrittal. If the project is multi- family, then all addresses for the particular building type shall be subnritted. 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 subnrittal. 23. 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 subnrittals. 24. Subnrit calculations for the area modifications shown on Sheet A 1.0 to X ensure compliance with 2004 FBC, Table 503 and Section 506. PARKS AND RECREATION Comments: DEPARTMENTS INCLUDE REJECT 25. Indicate the percentage of native species. Must be a minimum of 50%. X FORESTER/ENVIRONMENT ALlST Comments: 26. Plant List- Sheet LA-I. LA-2 X All shade and palm trees must be listed in the description as a minimum of 12-14 feet in height, three (3) inches DBH (4.5 feet off the ground) and Florida # I (Florida Grades and Standards manual). The height of the trees may be larger than 12-14 feet to meet the three (3) diameter requirement. [Environmental Regulations, Chapter 7.5, Article IT Sec. 5.C. 2.] 27. The shrub and ground cover planting detail should include a line indicating X where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 28. All shrubs and groundcover plants should have a height and spread X dimension. 29. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 30. All shrubs and hedges are required to be at minimum 24 inches in height, X 24 inches m spread, and planted with tip-to-tip spacing measured immediately after planting to adequately cover the planted areas on the site (Chapter 7.5, Article II, Section 5.CA.). 3\. Staff recommends additional and larger landscape material along all X elevations, to include a greater number of taller shrub specimens and trees. 32. No detail for a monument sign or proposed location has been provided. X Please provide a detail of the sign area, including the dimensions, exterior finish, and letter color(s) (Chapter 4, Section 7.D.). The Master Developer has created a typical monument sign, to be shared with the abutting out- parcel. A sign easement for the shared monument will be required. All site and building signage will be subject to the Sign Program for the entire center. 33. Please provide, in tabular form, a breakdown of sign calculations for all X signage for the entire site, depicting the code requirement and that being proposed, indicating compliance with all code reouirements. 34. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected an final ed, as well as all depicted sidewalks. 35. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. Conditions of Approval 4 I DEPARTMENTS INCLUDE REJECT 36. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and has demonstrated their participation through the submittal of the Public Art Information Form. Associated Art fees are due at time of oermittinl!. 37. All equipment located on the building shall be painted to match the wall X where attached. 38. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation desil!I1s (such as a drio svste~), where possible. 39. Construction of this project may only proceed with the initiation of the X necessary road improvements triggered by the number of external PM peak hour trios noted in the Bovnton Villal!e & Town Center develooment order. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECfS\Red Lobster\NWSP 06-0 1 8\COA.doc