Minutes 01-02-07
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, JANUARY 2,2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Mack McCray, Commissioner
Jose Rodriguez, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
James Cherot, City Attorney
Janet Prainito, City Clerk
Absent:
Robert Ensler, Vice Mayor
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Rick Riccardi, Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy
Mayor Taylor called the meeting to order at 6:32 p.m. The invocation was given by Commissioner
Mack McCray. Rev. Rick Riccardi was unable to attend. Commissioner McKoy led the Pledge of
Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner McCray moved to approve the agenda. Commissioner McKoy seconded the motion.
The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray thanked the sponsors of the holiday event and staff of the City and
Community Redevelopment Agency (CRA) for the Holiday Extravaganza. He also wished all
employees, their families and the citizens a Happy New Year. Commissioner McCray thanked the
Police Department for their professionalism in handling the incident at the Boynton Beach Mall and
avoiding a catastrophe.
1
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Commissioner McKoy added the bravery of the police officers to deal with the issue they faced and
make split second decisions was a tribute to their training and expertise in avoiding a worse
tragedy.
Commissioner Rodriguez extended a Happy New Year to all. He commented the holiday parade
and events were well organized event and congratulated those responsible. Commissioner
Rodriguez offered condolences to the family of the victim in the incident at the Boynton Beach
Mall. He also thanked the members of the Police Department who reacted and alleviated any
further incidents on Christmas Eve.
Mayor Taylor echoed the previous remarks and stressed there is a full time officer on the County
task force on gangs and violent crimes, plus an entire department within the Police Department
dealing with potential gang members. He commended the Police Department and Fire
Department for the rapid evacuation of 20,000 people from the mall avoiding further harm during
the incident.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Announcement by Janet DeVries, Library Archivist, of the release of her newly
published book titled, Around Boynton Beach and presentation of
complimentary autographed copies to the Commission.
Craig Clark, Library Director, introduced Janet DeVries, Library Archivist, and explained her position
with the City of Boynton Beach. Janet DeVries outlined her research and presented the Commission
and City Manager with an autographed copy of her newly published book, ''Around Boynton Beach".
The book is on sale at the Library, Children's Schoolhouse Museum and area bookstores.
B. Community and Special Events:
None.
C. Presentations:
1. Proclamations
a. Martin Luther King, Jr. Day - January 15, 2007
Mayor Taylor read the proclamation proclaiming January 15, 2007 as Martin Luther King, Jr. Day.
2. Presentation by The Greater Boynton Beach Sister Cities Committee, Inc., to
establish a second Sister City relationship with Eleuthera, Bahamas
Jeanne Heavilin, President of The Greater Boynton Beach Sister Cities Committee, Inc.,
reviewed the history of the Sister Cities program and the criteria for selecting a Sister City. She
announced Lena Rahming had established a group of individuals willing to accept the responsibility
of another Sister City relationship with Eleuthera, Bahamas.
2
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Jake Rose, urged the adoption of the Sister City relationship with Eleuthera, Bahamas. He
contended the cultural ties and redevelopment efforts are extremely similar in both cities. Mr. Rose
looked forward to a wonderful relationship for both cities.
Lena Rahming, read a letter from the Speaker of the House of Assembly in the Bahamas, accepting
an invitation to be a Sister City to Boynton Beach. Ms. Rahming mentioned the number one reason
for selecting Eleuthera was the existing cultural, social and economic attachments. Many people
from the Bahamas relocate or visit the City Boynton Beach each year.
Mayor Taylor indicated he was excited about the relationship and had family ties to the Bahamas.
Ms. Heavilin explained if the Commission approved the relationship a formal invitation to bring a
group of officials from Eleuthera to Boynton Beach and sign a formal agreement would be the next
step.
Motion
Commissioner McCray moved to approve establishment of a Sister City relationship with Eleuthera,
Bahamas. Commissioner McKoy seconded the motion. The motion was unanimously carried.
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>
Herb Suss, Quail Run, commended Chuck Magazine, Risk Manager and the City Manager for
writing a letter in support of the Police and Fire Department for the incident at the Boynton Beach
Mall. He commented the Commission had been doing an excellent job so far.
Susan Horn, 1 Colonial Club Drive, referred to the incident at the Mall as a sad moment and that
no one deserves to die. She suggested reaching out to the gang members with guidance and hope
to encourage them to not participate in violent crimes.
Myra Jones, 311 NW 4th Avenue, discussed the lack of communication between the community
and the organizers of the Heritage Fest. She requested the assistance of the Commission to assure
the neighborhood associations and citizens were included in the planning of the event.
Angelina Jean Baptiste, 584 Angler Drive, Delray Beach, described a family situation that she
sought assistance to aid her and others. Commissioner McCray explained her complaints were a civil
matter that the City could not remedy. Mr. Bressner suggested discussion with the Police
Department and the services they offer may be able to assist the family.
Lisa Bright, Director of the Community Redevelopment Agency, was accompanied by Jody
Rivers, Parks Superintendent, and explained Wilfred Hawkins, Assistant City Manager, had relayed
the concerns of the community to the new special events manager. The issues were to be discussed
at the next meeting of the committee on January 10th. Ms. Bright assured the Commission that the
3
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
CRA and City were working hand-in-hand with the committee and community to plan an event to
celebrate all cultures.
Mayor Taylor closed the public audience when no one else came forward.
XIII. UNFINISHED BUSINESS: (Moved Up On The Agenda)
B. Follow-up discussion on site plan for Ocean 95 Industrial Project
Mr. Bressner reviewed the available options as previously discussed. He recommended the north
access option be pursued and work with the developer to assure the access to the property adheres
to the north route. He cautioned it was a not a perfect solution.
Mayor Taylor inquired about the source of the funding for the north access. Mr. Bressner replied the
monies would be taken from the general fund, placed in the City capital improvements funds and the
value of the property tax derived from the project would be utilized for approximately 18 years to
retire the debt.
Commissioner Rodriguez asked if new traffic studies would be required. Mr. Bressner responded
traffic enforcement would be an issue in the area and access for emergency vehicles must be
maintained.
Mayor Taylor struggled with the idea of taking a home to avoid trucks going by other homes. The
size of the trucks could be limited and heavy fines could be assessed for violations. He was willing
to compromise, but cautioned there were consequences for either route chosen.
Commissioner Rodriguez noted the neighborhood had initiated the north access option and the staff
had done a great job in reviewing all possibilities.
Commissioner McCray commented although he did not want to take anyone's home, it was a
necessity in some instances. He added the homeowners could find their living conditions improved.
Motion
Commissioner McCray moved to approve proceeding with the northern access route. Commissioner
Rodriguez seconded the motion. The motion passed unanimously.
7:26 p.m. Mayor Taylor recessed the meeting.
7:35 p.m. Mayor Taylor reconvened the meeting.
Mayor Taylor announced there would be a Community Emergency Response Team (CERT) drill on
Saturday, January 6, at the Rolling Green Municipal complex starting at 9:30 a.m.
v. ADMINISTRATIVE:
A. Appointments to be made:
4
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Appointment
To Be Made
II
McCray
Board
Length ot Term
Expiration Date
III
Rodriguez
Bldg. Bd of Adj & Appeals
Alt
1 yr term to 4/07 Tabled (3)
Ensler
IV
McKoy
Cemetery Board
Alt
1 yr term to 4/07 Tabled (2)
II
III
IV
McCray
Rodriguez
McKoy
Code Compliance Board
Alt
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (2)
1 yr term to 4/07 Tabled (2)
2 yr term to 4/07
III
II
Rodriguez
McCray
Community Relations Board
Alt
I
III
Ensler
Rodriguez
Education and Youth Advisory Board
Education and Youth Advisory Board
Education and Youth Advisory Board
Alt
Alt
Reg
Alt
Alt
1 yr term to 4/07 Tabled (2)
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07 Tabled (3)
3 yr term to 4/07
Library Board
Library Board
Recreation & Parks Board
Recreation & Parks Board
Alt
Reg
Motion
Commissioner Rodriguez moved to approve Dave Barie as a regular member of the Recreation & Parks
Board. Commissioner McCray seconded the motion. The motion passed unanimously.
II
McCray
Recreation & Parks Board
Reg
3 yr term to 4/08 Tabled (2)
IV
McKoy
Senior Advisory Board
Reg
2 yr term to 4/07 Tabled (2)
Motion
Commissioner McCray moved to table all remaining appointments for lack of candidates.
Commissioner McKoy seconded the motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff comments.
A. Minutes
1. Agenda Preview - November 17, 2006
2. Regular City Commission - November 21, 2006
3. Agenda Preview - December 1, 2006
4. Regular City Commission - December 5, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved
in the 2005-2006 Adopted Budget.
1. Award a piggyback with Contract Connection in the amount of $56,103 for
purchase and installation of play equipment in the Southeast Neighborhood
5
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Park, 2882 SE 2nd Street, based on a contract with Palm Beach County
Playground and Park Equipment Contract #05074A.
2. Approve a piggyback with Davco Electrical Contractors Corp. (Davco) in the
amount of $51,650 for construction of the electrical element of the
development of the Southeast Neighborhood Park, 2882 SE 2nd Street, based
on a contract with the Palm Beach County School Board, Contract #06C-4ll.
3. Approve utilizing the Florida State Contract #600-760-00-1 issued to Pitney
Bowes for the purpose of entering into a four (4) year lease agreement for a
new 01950 Folding and Inserting System at a cost of $56,284.32 with a one
(1) time installation and training cost of $1,186 for a total cost of $57,470.32.
(Proposed Resolution No. 07-001)
C. Resolutions:
1. Proposed Resolution No. 07-002 RE: Removing the
"cap" on the Land Acquisition Trust Fund to allow state agencies and local
governments to have available funding for critically needed land acquisition
and management funding.
2. Proposed Resolution No. 07-003 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with George Homrich for the property at 1050 Peak Rd., Lantana, FL
(Ridge Grove Add No 1 Lot 223)
3. Proposed Resolution No. 07-004 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with George Homrich for the property at 1056 Peak Rd., Lantana, FL
(Ridge Grove Add No 1 Lot 224)
4. Proposed Resolution No. 07-005 RE: Approving and
authorizing execution of Scope of Services (Appendix A) for the 2007-08 Fire
Assessment Work Plan with Government Services Group, Inc., at a cost not to
exceed $25,300.
5. Proposed Resolution No. 07-006 RE: Approving Task
Order U-07-002 with DcR Engineering Services, Inc. through a piggyback of
RFP 02-29 between St. Johns County and DcR Engineering Services, Inc. as
amended on January 25, 2006 for technical and engineering services to install
appropriate instrumentation and control programming for the operation of the
Aquifer Storage and Recovery (ASR) wells at the East Water Treatment Plant
at a cost of $199,173.97.
6. Proposed Resolution No. 07-007 RE: Approving
Amendment No.2 to Task Order #U04-5-06 for $79,484, engineering services
provided by CH2M Hill for the design, permitting and test well construction of
6
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
a Floridan Aquifer well field, East Water Treatment Plant expansion (EPX),
Stage 1 Project.
D. Approve full release of surety for the project known as Safe & Secure Self Storage of
Boynton Beach, in the amount of $72,180.90 and to return the original letter of credit
no. 182060-100 from Fidelity Federal in this amount to the developer, the Pugliese
Company.
Motion
Commissioner McKoy moved to approve all items in the consent agenda. Commissioner McCray
seconded the motion. The motion passed unanimously.
VII. CODE COMPLIANCE & LEG~L SETTLEMENTS:
A. Approve payment of settlement from continuing negotiations in the amount of
$75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al.
Motion
Commissioner McCray moved to approve item VILA. Commissioner Rodriguez seconded the motion.
The motion passed unanimously.
B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the lien
in Case 04-1890 from $14,043.24 to the City's administrative costs of $1,018.24.
Motion
Commissioner McCray moved to approve item VII.B. Commissioner McKoy seconded the motion.
The motion passed 3-1. (Commissioner Rodriguez dissenting)
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.
Attorney Cherof administered an oath to all those intending to testify on any of the matters for
public hearing. He explained the procedure to be followed.
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Miraflor (ANEX 06-009)
Bradley Miller, Miller Land Planning Consultants, Inc.
SCI Funeral Services of Florida, Inc.
West side of North Seacrest Boulevard across from Mentone Road
Request to annex the subject property (3.87 acres). (1st Reading
Proposed Ordinance No. 06-093)(Tabled to January 2, 2007)
Miraflor (LUAR 06-022)
Bradley Miller, Miller Land Planning Consultants, Inc.
SCI Funeral Services of Florida, Inc.
West side of North Sea crest Boulevard across from Mentone Road
7
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Description:
Request to amend the Comprehensive Plan Future Land Use Map
from Institutional (Palm Beach County INST) to High Density
Residential (HDR 10.8 dujac) (1st Reading Proposed Ordinance
No. 06-094) (Tabled to January 2, 2007)
Request to rezone from Residential, Multi-family (PBC RM) to Multi-
family Residential (R-3) (1st Reading Proposed Ordinance No.
06-095) (Tabled to January 2, 2007)
Proposed use: Residential development consisting of 40 multi-family townhome
units.
c.
Project:
Agent:
Owner:
Location:
Descri ption:
Miraflor (NWSP 06-027)
Bradley Miller, Miller Land Planning Consultants, Inc.
SCI Funeral Services of Florida, Inc.
West side of North Sea crest Boulevard across from Mentone Road
Request for new site plan approval to construct 40 townhomes and
related site improvements on 3.87 acres in the R-3 Multi-family
Residential zoning district. (Tabled to January 2, 2007)
Motion
Commissioner McCray moved to remove items VIlLA, VIlLB and VIlLC from the table.
Commissioner McKoy seconded the motion. The motion passed unanimously.
Attorney Cherof requested all items regarding Miraflor be consolidated for hearing.
Bradley Miller, Miller Land Planning Consultants, Inc., agent for the owner, acquiesced
to the request.
Attorney Cherof pointed out the annexation was not a quasi-judicial hearing, rather a legislative
decision by the Commission.
Kathleen Zeitler, Planner, located the property and reviewed the requests. She indicated staff
recommended approval of the annexation, amendment of the land use and the rezoning.
Mr. Miller added the ultimate plan for the City was to annex properties up to Hypoluxo Road and
the 3.87 acres would be in furtherance of that goal. The site plan included five buildings of eight
units each. The project would be a non-age restrictive community and provide affordable housing
in the area. Mr. Miller advised he had met with the residents of Pine Point and heard their
concerns.
Commissioner McCray noted the project was adjacent to a cemetery and inquired about any
landscaping that would shield the view of the mausoleum. Mr. Miller described the wall and
landscape buffering that would be included. He also noted that four of the five buildings had a
north to south orientation and would not have a view facing the cemetery.
8
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Mr. Miller added the project included 40 affordable homes, as defined by the county, and would
be increasing the tax revenue and revitalizing the housing in the area. He also emphasized the
land use would be identical to the Pine Point apartments.
Mayor Taylor inquired if the applicant agreed with all 32 conditions of approval. Mr. Miller
concurred.
Mayor Taylor opened the issue for public hearing.
Mary Drago, 311A Country Lane, Pine Point Village, offered her opinion that the project
was not needed in the area and preferred the area remained the same. She indicated a petition
against the project had been circulated that contained approximately 100 names.
Mayor Taylor advised Ms. Drago it was privately owned property and the owner had the right to
develop his property.
Ms. Drago complained she did not want the noise, traffic or children in the area. She also did not
feel the price would be considered affordable for teachers, police or firemen. If the units did not
sell, her concern was they would become rentals and have only transient residents.
Commissioner McCray echoed Mayor Taylor's remarks and added the City was not marketing the
development; that would be the responsibility of the owner.
Carol Deary, Pine Point Villas, requested an explanation of the difference between residential,
multi-family PBC RM to multi-family residential R3. Ms. Zeitler explained it represented a change
from the Palm Beach County designation to the City of Boynton Beach designation limiting density
to 10.8 dwelling units per acre. Ms. Deary contended the new designation was not in conformity
with the neighborhood because the new project included two-story buildings and had a higher
density. Ms. Zeitler pointed out the zoning and density would be the same as the Pine Point Villas.
Mr. Miller pointed out the cemetery mausoleum and Sam's Club were both higher than one story.
Commissioner McCray added the hotel off of Hypoluxo Road was multi-story creating a step down
in height from Hypoluxo Road to the one-story single family homes.
John Codella, 3311 Loren Road, Pine Point Villas, contended drainage could be problematic
for Pine Point Villas if not properly constructed. He also felt the traffic flow would create
congestion on Seacrest and the parking for the homes was inadequate. This supported the
contention that the density was too high.
Mr. Miller responded to the concerns and asserted the owners were simply complying with the
City's desire to grow and it was a parallel change in zoning. The height difference would offer a
transition north to south and east to west. He emphasized the traffic study indicated a low impact
and the number of parking spaces exceeded the Code requirement. Mr. Miller explained the
density was needed to maintain the affordable housing aspect of the project.
Mr. Bressner suggested adding a condition of approval that all prospective buyers be made aware
before purchasing the units, that there was no guarantee that the 1-95 noise reduction wall would
9
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
be constructed to the northern end of the property. Mr. Miller agreed to the additional condition
of approval.
Attorney Cherof read Proposed Ordinances 06-093, 06-094 and 06-095 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance 06-093. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
Motion
Commissioner McCray moved to approve Proposed Ordinance 06-094. Commissioner Rodriguez
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
Motion
Commissioner McKoy moved to approve Proposed Ordinance 06-095. Commissioner McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
Motion
Commissioner McCray moved to table item VIII.C to January 16, 2007. Commissioner Rodriguez
seconded the motion. The motion passed unanimously.
D.
Project:
Agent:
Owner:
Location:
Description:
North General Center of Medicine (ZNCV 07-002)
Roy Dunworth, Dunworth Construction, Inc.
Dr. Jean Renelien, United Medical Enterprises, Inc.
West side of Federal Highway, south of the C-16 canal
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6.D.3, requiring a minimum
lot depth of 100 feet, to allow a variance of 18 feet and an
approximate lot depth of 82:1: feet for a proposed commercial/office
development within the C-4 (General Commercial) zoning district.
E. Raymond Barry, architect for the project, was present on behalf of the applicant.
Attorney Cherof asked for an overview of the necessity for the variance.
Gabriel Wuebben, Planner, reported the application met the standards and recommended approval
based on hardship due to circumstances that are not a result of actions by the applicant. It is the
minimal variance necessary for the best and reasonable use of the land. It would be compatible
with the surrounding properties.
10
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Commissioner McCray confirmed the hardship had been established.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Attorney Cherof asked for clarification of the basis for the hardship. Mr. Wuebben explained the
lot had been originally platted in the 1950s and ordinance changes thereafter brought the lot into
non-compliance.
Motion
Commissioner McCray moved to approve item VIII.D. Commissioner Rodriguez seconded the
motion. The motion passed unanimously.
E.
Project:
Agent:
Owner:
Location:
Descri ption:
North General Center of Medicine (NWSP 07-001)
Roy Dunworth, Dunworth Construction, Inc.
Dr. Jean Renelien, United Medical Enterprises, Inc.
West side of Federal Highway, south of the C-16 canal
Request for a new site plan approval to construct a two-story, 3,900
square foot office building and related site improvements on a
14,177 square foot parcel, in the C-4 (General Commercial) zoning
district.
Attorney Cherof sought agreement with the 51 conditions of approval. Mr. Barry confirmed the
applicant was in agreement with all the conditions of approval.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve item VIII.E. Commissioner McKoy seconded the motion.
The motion passed unanimously.
F.
Project:
Agent:
Owners:
Location:
Description
Chow Hut (SPTE 06-014)
Anthony Mauro
(N/A)
558 Gateway Boulevard
Request for a 12 month site plan time extension for site plan
approval granted on November 1, 2005, to extend site plan approval
from November 1, 2006 to November 1, 2007.
Motion
Commissioner McCray moved to approve item VIII.F. Commissioner McKoy seconded the motion.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
The motion passed unanimously.
11
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
G. Approve a Special Warranty Deed conveying title to Tanya Sallette for Lot 161,
Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51, according to
the Public Records of Palm Beach County, FL. (Proposed Resolution No. R07-
008)
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve item VIII.G. Commissioner McKoy seconded the motion.
The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Review by Recreation & Parks and Arts Administrator of possible pocket park next
to Sunshine Square
Mr. Bressner explained the Recreation & Parks Department, Public Arts Administrator and CRA
agreed a pocket park at the location was neither feasible nor desirable.
Motion
Commissioner McCray moved to concur with the recommendation. Commissioner Rodriguez
seconded the motion. The motion passed unanimously.
B. Follow-up Report on Implementation Team of Boynton Assembly Project
Mr. Bressner requested the Commission establish five subcommittees: 1) Community Relations, 2)
Public Communication and Governance, 3) Neighborhood Revitalization, Affordable Housing
Business Development and Retention (Economic Development), 4) Infrastructure and 5)
Education. He also requested the Commission authorize invitations to the proposed five members
of an Implementation Team. Mr. Bressner added the members of the various subcommittees
would be drawn from the participants of the assembly and other interested parties. The
committees would consist of six to eight members as well as a staff liaison.
Motion
Commissioner Rodriguez moved to approve the Implementation Team as identified by the City
Manager. Commissioner McKoy seconded the motion. The motion passed unanimously.
x. FUTURE AGENDA ITEMS:
A. New Space for the Police Department (January 16, 2007)
B. Feasibility of Saturday hours for the Building Division (March 2007)
C. Schedule of all development fees and when payment is due (TBD)
12
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-096 RE: Amending the
City of Boynton Beach's Code of Ordinances to replace the term
Occupational License with Business Tax or Business Tax Receipt.
Attorney Cherof read Proposed Ordinance No. 06-096 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-096. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
2. Proposed Ordinance No. 06-097 RE: Amending the
Land Development Regulations of the City of Boynton Beach, Revising
Chapter 4, "Site Plan Review" Section 5 to increase the initial approval
period for site plans from twelve months to eighteen months.
Attorney Cherof read Proposed Ordinance No. 06-097 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-097. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
3. Proposed Ordinance No. 06-098 RE: Amending Part
III, "Land Development Regulations", Article III "Special Conditions" of
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Chapter 21; providing for additional time that special signs can be
maintained.
Attorney Cherof read Proposed Ordinance No. 06-098 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 06-098. Commissioner McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
C. Ordinances - 1st Reading
1 Proposed Ordinance No. 07-001 RE: Amending
Ordinance 06-050 which consolidated the Children and Youth Advisory
Board and the Education Advisory Board to clarify the City of Boynton
Beach's Code of Ordinances.
Attorney Cherof read Proposed Ordinance No. 07-001 by title only.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 07-001. Commissioner McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
2. Proposed Ordinance No. 07-002 RE: Amending
Ordinance 05-060 to provide that the art fee does not apply to projects
which had applications pending on or before October 5, 2005; providing
that the 30% of the 1% (.03) Public Art fee is collected by the Building
Department at time of Building Permit issuance and the 70% of the 1%
(.07) prior to and as a condition of issuance of the certificate of occupancy
which includes the Public Art.
Attorney Cherof read Proposed Ordinance No. 07-002 by title only.
Motion
Commissioner McKoy moved to approve Proposed Ordinance No. 07-002. Commissioner
Rodriguez seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
3. Proposed Ordinance No. 07-003 RE: Amending
Section 2-16 of the Code of Ordinances to add a new sub-section (h) to
provide for a uniform procedure for nominating and voting for the Chair and
Vice Chair of City boards.
Attorney Cherof read Proposed Ordinance No. 07-003 by title only.
Mayor Taylor passed the gavel to Commissioner McKoy.
Motion
Mayor Taylor moved to approve Proposed Ordinance No. 07-003. Commissioner Rodriguez
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 2-2. Attorney Cherof declared the motion failed.
4. Proposed Ordinance No. 07-004 RE: Amending
section 2-16 of the Code of Ordinances to add a new sub-section (i) to
modify the commencement of terms for Board Appointees from April to
November to coincide with the City election sequence.
Attorney Cherof read Proposed Ordinance No. 07-004 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-004. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
D. Resolutions:
None
E. Other:
1. Closed-door Executive Session to discuss pending litigation in the following
case:
Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell
L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The
City of Boynton Beach - Case No. CA 02-01704 AN (Tabled to
January 2, 2007)
Attorney Cherof announced the request for a closed-door executive session and read the caption
of the case to be discussed. In attendance would be the Mayor, Commission, City Manager and
City Attorney.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL January 2, 2007
Motion
Commissioner McCray moved to remove item XILE.1 from the table. Commissioner McKoy
seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to hear item XIII.A before the closed-door executive session and to
remove the item from the table. Commissioner McKoy seconded the motion. The motion passed
unanimously.
XIII. UNFINISHED BUSINESS:
A. Continued discussion of Community Redevelopment Agency Board. (Tabled to
January 2, 2007)
Commissioner Rodriguez felt it was important that the Commission regularly provide input and
feedback to the Community Redevelopment Agency (CRA) on its progress against the
Commission's objectives. He proffered the results of the Agency have been unacceptable. The
MLK project had not made any progress and he challenged the CRA to be more assertive in their
efforts. He also challenged Intown Development to come to an amicable agreement.
Commissioner Rodriguez proposed a regular discussion by the Commission be held regarding the
results, activities and satisfaction of the Commission with the appointees on the board.
Commissioner McCray deferred any comments until a full board of Commissioners was present.
Mayor Taylor agreed with Commissioner Rodriguez's statements and voiced his own frustration
with the progress of the project. He recalled the goal was to revitalize the area. Mayor Taylor
suggested the City have strong representation during any meetings between the CRA and Intown
Development since the City is a third party to any agreement.
Commissioner McCray commented he agreed something should be done and stressed the citizens
of District II had been frustrated with the efforts for a long period of time. If making a change in
the Master Developer would facilitate the progress, he felt it should be done as soon as possible.
Commissioner McKoy emphasized there needed to be closure on the project. He recalled that
originally there was a provision for a second developer, if the first developer faulted. Mr. Bressner
agreed there was an alternative; however, the CRA had not gone to that extent.
Commissioner Rodriguez volunteered to be a facilitator in any meetings between the parties. He
strongly felt that the fact the board had selected Intown and is currently changing its decision,
was a reflection on the board.
Mr. Bressner related he had received a commitment from both sides that the project would move
forward and it had not. He proposed a staff team consisting of himself, Mike Rumpf and Nancy
Byrne be tasked to negotiate as City representatives.
Commissioner McCray would not place blame on the board for the selection of Intown as the
master developer. An RFP had been issued and Intown was properly selected.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
January 2, 2007
Commissioner Rodriguez contended strong negotiating skills were needed and he possessed those
skills. He was not confident the proposed team had the necessary skills and experience.
Commissioner McKoy requested clarification on the procedure to change from the current
developer to another. Mr. Bressner was not sure the original plans had been fully developed to
ascertain the success or failure of that plan. The negotiations were strained and progressing very
slowly.
Mayor Taylor felt the presence of Commissioner Rodriguez in the negotiations would send a clear
message that the Commission was frustrated with the efforts to date.
Commissioner McCray supported staff's intervention to avoid the appearance of any ethical
considerations or conflict of interest on the Commission.
Commissioner Rodriguez declared he had no personal interest in any party in the RFP, nor did he
own any land in the MLK area or Boynton Beach, with the exception of his own home.
Commissioner McKoy agreed with Commissioner McCray that an ethical question may arise. Mr.
Bressner concurred. Mayor Taylor directed the team be present at all meetings between the
parties.
Mayor Taylor declared the meeting recessed for the closed-door executive session at 9:02 p.m.
Attorney Cherof indicated the Commission would return to chambers to adjourn the meeting in the
presence of the court reporter.
~,
~ ~/ -'/
/c-d a~~ I .'
ith A. Pyle
eputy City Clerk
01/04/07
5: \CC\ WP\MINUTES\COMM\year 2007\010207.doc
ATTEST:
J et M. Prainito
ity Clerk
17
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
BuildIng
EngIneerIng
Occ. L1cen..
Deputy CIty Clerk'
PROJECT NAME:
North General Building
APPLICANT:
AGENT'S ADDRESS:
Roy Dunworth - Dunworth Construction Inc.
625 SW Salerno Road, Stuart, FL 34997
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 2, 2007
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6.D.3., requiring a minimum
lot depth of 100 feet to allow a variance of 18 feet, and a minimum lot
depth of approximately 82 +/- feet for a proposed office development
within the General Commercial (C-4) zoning district.
LOCATION OF PROPERTY: West side of Federal Highway; South of the C-16 canal
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
AAS
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 HC" with notation "Included",
4. The Applicant's application for relief is hereby
~RANTED 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:
Ol-OS' -07
Yn. p~
S:\Planning\SHARED\WP\PROJECTS\North General Center
EXHIBIT "e"
Conditions of Approval
Project name: North General Building
File number: ZNCV 07-002
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
North General Building ZNCV 07-002
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. '1Lcnuv
S:\Planning\SHARED\WP\PROJECTS\North General Center of Medicine\ZNCV\COA.doc
Exhibit "A" - North General Building
Location Map
~..----1-1
II I
I I I
l I (
I I I
I L---jl
1TIH I
(
I
I
I
I
I
12TH ,I
--rr~l.l I I
I I J R2 [------1 I
Duplex R~sidential ~!
10,
13:
I~
I
II
I
I
C-16 Canal
11TH
I','
L.i
Li
I~: I
Neighbo'rhood l
ell. I I
ommercla ,
I I I
f
"
I
I
I
I
I
I
I
~ R1AA
~ Single~family
Residential
MARTIN LUTHER KING'JR
.
04590
180
270
360
. Feet
N
w+,
r--L. -_
"
'r
I
: /.~
i ~
'.I
'I
I
$1
6
"1
;~'
.,
01
..
~.
L.
LI
~-::: f'fku'~4
~''*'
'l
~' ,A//lJ fnnfu J' '/I~'a
~ ~.J S wN 'IS .::r:.
" . - . .I. , . " . . . ~, r
...:
>-0
~~
6~
Xx
-,0
i:i~
wm
cii Sz
CI) ... 0
w .....
I>< 2
o >-
o 0
...: m
m
~
m
I
X
W
>-
w
>
a:
=>
C/)
..~
i5>-tl
I~;;
~!g~~
I!!
. OJ !(
.-'.
--
...
....0
- I
i'j~..
;:5 RIO
lOT'"
"'-
Z'" _
0-0
0-0",
z"
,...-""
~d;
:s zL:
. ~cl...
~u~~
wa. f3
~~~!!!
Nzzi::;
gjj::
900.
lA.,OU::::I:
~
~.
ou
~~
.81"
~tJ
~ Ii
I ~mh
~~!~~
~ ~jg!;l
~i~~
i~~~
~ i~d
~ ~jl~
~ Dl<>~~
~ ;~8~
~ dii
d !;!~:~
~ ~~i!:~~
!;j1:i~5
ft::<>~~
<>j!;~iti
::~I~
=>l!lili ~
I'E.... oC
oC8! ~
;~WIL:i!
OoCj!;...w
i5j:!oOj!;
%iiig~l:;
f~zi..
i: ~CI ~
~i;~~;
lJiiilSW
w oCj!;
t:; j!;~~rao
6; ~~::n
~ )-~ze~
"'<>=>Iii~
& i~~ oC
~ ~III;
o %!!;::~Cl
m _D-cCl)C:
~ _ _ _ _ _ -'-- _ _ _AYMH31'! ~!J _ _ _ _ _ __
~
W
8
(!Yld).6t'S91
("SYlI'l),06'li91 II1WIll W IIIl:l
..
~
~
.t..:-:,. '. '. ,. t " '... .
..' ,.oa.,: '.,.~ "', ~
...
~
~!
~
~~
e:a
~
!
...
~
..oj>
.j.-J'
;
~
!/
A
~
~
~
..,
..
z
....
~ ~~
'"
(lYld).U'.91 ("SY3Il).09'191
i
iii
....
~
sum 0Y0lI1IYlJ
i~
,.-......... ;;',
~
:;.
~,
~
....
~
s
~ - - - _ _ _ _.~voo lS't'3 VOll/OlJ '2
--------
'! t'~.. .' .. I
.. i..1\ ,..'
'"
~
;
'^
~
~
~
,~
~1!l11
l~fiEl i
;:1'1 :
!l!I .g oC 111
i~~~" . i
l!ig o~
~ :i>
~~~~lll~ OJ
i ;~~~i12 I
i *~~II~ ~
~ !Slt ~ I
eli~j!;1ll
Si!~~ ~
g=>w~ ~
ail~ill
~ZGlRv;~
a::loCl", 0:
t;,"Z<>j!;e
;~~~!:
~ls~t:~
~~~!I!l~
~d"'~~
!l~e~!l!i
i~fh!
15lj W is
"'/!IW!lle
hh~~
iji~s~fil~
~::=~!~
oZ~iS'~<>
<<S2Z% %
A.....::tn ~
~
~
<>
~
.. -.,
.
2~~
:.z <>
pe~e
~
'!:;'
...
oS
...
<>
cS
;
s
'"
:~
~~
II!
-----
l=z:
0:::0
Ww
CL.0:::
Ow
g::x:
u.,Cl
OW
CD
>-0::
wu
> VI
O:::w
::> Cl
VI
If')
to
o
I
,.....,.
o
~ I
to
I~
w ~
:a
~ 2
:5
:i ~
% !i
~'I!!
~
. !
~ ~
..
.
.><
"
:>
0-
.
~
~ ~
n~
'~J
.! ji... ~
1m
... , li
1 ~ -
a ~Jh
~ I
ili ~ i
..J 8~~
I N!I
C2 iLl
...
<>
N
~
....2
X_
0-
...e
00
'"
....0
00
1&:'"
...'"
o
~~
0-'"
o
Z..J
-...
ci
'"
o
o
...
'"
...
o
>-
~
1
...
o
1
~. ~
I&:~ . 5
::S5S... ii::
0", 0
~%~ ~
...0>-,
ei~..... ~
:em..... w
::3~ ~
~~e ~
...~I;; iii
~...~ ~
00"", i=
....~~ -C
~ 3ri.,. ffi
~t;!:I f3
0::> I><
882 ~
I i~ i ~
.3~~ ~
3'~ 0
.l:;~ .....
... i 6
_:0.: w
9~~ ~
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development I
P&Z
BuildIng
EngIneerIng
Occ. LIcense
Deputy City Clerk
PROJECT NAME:
North General Building
APPLICANT:
Roy Dunworth - Dunworth Construction Inc.
AGENT'S ADDRESS:
625 SW Salerno Road, Stuart, FL 34997
---....
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 2, 2007
TYPE OF RELIEF SOUGHT: Request site plan approval for a two-story, 3,990 square foot office
building and related site improvements on a 14,177 square foot
parcel.
LOCATION OF PROPERTY: West side of Federal Highway; South of the C-16 canal
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
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The AppliC9f1t'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:
Ol-OS-Of>
S:\Planning\SHARED\WP\PROJECTS\North General Center 0
EXHIBIT "e"
Conditions of Approval
Project name: North General Center of Medicine
File number: NWSP 07-001
Reference:
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: NONE X
PUBLIC WORKS - Forestry & Grounds
Comments:
1. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article n, X
Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles
along Federal Highway. Please note that the ten (10) foot sight triangles
shown on the plans are not applied correctly.
2. Plantings and structures (proposed rolling gate and art feature) are shown on X
the Landscape plan that will likely fall within the clear zones of the sight
triangles. The LDR, Chapter 7.5, Article II, Section 5.H states that there
shall be unobstructed cross-visibility at a level between 2..5 feet and 8 feet
above the pavement. Revise plan to provide adequate sight distance so that
drivers leaving the site can identify pedestrians and traffic in a timely
manner.
PUBLIC WORKS-Traffic
Comments:
3. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Elllnneerilll?:.
4. Relocate stop bar at the south driveway to back of the sidewalk. X
ENGINEERING
Comments:
5. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
6. 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.
7. Sidewalks adjacent to parking lots shall be continuous through all X
COA
12/11/06
2
DEPARTMENTS INCLUDE REJECT
driveways and shall be 6 in. thick within driveways (LDR, Chapter 23,
Article II, Section P).
8. Specify storm sewer diameters, inlets types, etc. on drainage plan. X
Indicate grate, rim and invert elevations for all structures. Indicate grade
of storm sewer segments. Indicate material specifications for storm
sewer.
9. Full drainage plans, including drainage calculations, in accordance with X
the LDR, Chapter 6, Article N, Section 5 will be required at the time of
permitting.
10. The stormwater system in Federal Hwy does not belong to the City of X
Boynton Beach as stated in the engineer's Drainage Statement. Provide
written documentation that the FDOT will permit the on-site stormwater
system to outfall into the Federal Hwy storm sewer system.
11. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard
Drawings and the "Engineering Design Handbook and Construction
Standards" and will be reviewed at the time of construction permit
application.
UTILITIES
Comments:
12. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed
within utility easements. Canopy trees may be planted outside of the
easement so that roots and branches will not impact those utilities within
the easement in the foreseeable future. The LDR, Chapter 7.5, Article I,
Section 18.1 gives public utilities the authority to remove any trees that
may interfere with utility services, either in utility easements or public
rights-of-way. NOTE: The proposed sanitary sewer is shown directly
under Live Oaks. The Live Oaks and other canopy trees will not be
permitted within any utility easements. Adjust the landscape plan
accordingly.
13. Palm Beach County Health Department permits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
Please note that our utility atlas maps show that the closest sanitary
gravity sewer is located on the west of the FECRR right-of-way.
14. Fire flow calculations will be required demonstrating the City Code X
COA
12/11/06
3
DEPARTMENTS INCLUDE REJECT
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 ~eater (CODE, Section 26-l6(b)).
15. The LDR, Chapter 6, Article N, Section 16 requires that all points on X
each building will be within 200 feet of an existing or proposed fire
hydrant. Please demonstrate that the plan meets this condition, by
showin~ all hydrants.
16. 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.
17. Water and sewer lines to be owned and operated by the City shall be X
included within utility easements. Please show all proposed easements
on the engineering drawings, using a minimum width of 12 feet. The
easements shall be dedicated via separate instrument to the City as stated
in CODE Sec. 26-33(a).
18. 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
obtainin~ the Certificate of Occupancy.
19. A building permit for this project shall not be issued until this X
Department has approved the plans for the water and/or sewer
improvements required to service this project, in accordance with the
CODE, Section 26-15.
20. Appropriate backflow preventer(s) will be required on the domestic X
water service to the building, and the fire sprinkler line if there is one, in
accordance with the CODE, Section 26-207.
21. Insufficient information has been provided to determine if the proposed X
sanitary sewer extension is feasible. Provide complete plans including
all off-site work required, with details and any applicable Health Dept.
applications for review and approval at the time of permitting. It is the
sole responsibility of the developer to provide infrastructure
improvements reauired to support this proposed project.
22. Sanitary sewer shall not be placed within the FEC RR right-of-way X
without the consent of the City of Bovnton Beach.
23. Utility construction details will not be reviewed for construction X
COA
12/11/06
4
DEPARTMENTS
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
POLICE
Comments: NONE
BUILDING DIVISION
Comments:
INCLUDE REJECT
x
x
24. Please note that changes or revisions to these plans may generate X
additional 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.
25. 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.
26. At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
27. Identify within the site data the finish floor elevation (lowest floor X
elevation) that is proposed for the building. Verify that the proposed
elevation is in compliance with regulations of the code by adding
specifications to the site data that address the following issues:
a. The design professional-of-record for the project shall add the following
text to the site data. "The proposed finish floor elevation _. _ NGVD is
above the highest 100-year base flood elevation applicable to the building
site, as determined by the SFWMD's surface water management
construction development regulations."
b. From the FIRM map, identify in the site data the title of the flood zone that
the building is located within. Where applicable, specify the base flood
elevation. If there is no base flood elevation, indicate that on the plans.
c. Identify the floor elevation that the design professional has established for
COA
12/11/06
5
DEPARTMENTS
the building within the footprint of the building that IS shown on the
drawings titled site plan, floor plan and paving/drainage (civil plans).
INCLUDE REJECT
28. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X
may not, therefore, be used for landscape irrigation where other sources
are readily available.
29. 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.
30. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
a. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
b. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
3 1. 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.
32. Pursuant to approval by the City Commission and all other outside agencies, the X
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.
33. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The addressing
plan shall be approved by the United States Post Office, the City of
Boynton Beach Fire Department, the City's GIS Division, and the Palm
Beach County Emergency 911.
a. Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald -
561-233-5013)
b. United States Post Office, Bovnton Beach (Michelle Bullard - 561-734-0872)
PARKS AND RECREATION
Comments:
34. Percentage of native species in landscape plan must exceed the City's X
50% requirement.
COA
12/11/06
6
DEPARTMENTS INCLUDE REJECT
35. Need to provide an elevation section indicating the height of the planted X
material to the heicl1t of the building.
FORESTERlENVIRONMENT ALIST
Comments:
Existine: Tree Manae:ement Plan
Sheet LP
36. The Landscape Architect should tabulate the total diameter inches of existing X
trees (if applicable) on the site. The tabular data should show the individual
species of trees proposed to be preserved in place, relocated or removed and
replaced on site. The replacement trees should be shown by a separate symbol
on the landscape plan sheet LP. [Environmental Regulations, Chapter 7.5,
Article I Sec. 7.D.o. 2.1
Plant List Sheet LP
37. All shade trees must be listed in the description as a minimum of 12'-14' X
height, 3" DBH (4.5' off the ground) not caliper. The height of the trees
may be larger than 12' -14' to meet the 3" diameter requirement; or any
clear trunk (c.t.) specifications. [Environmental Regulations, Chapter
7.5, Article IT Sec. 5.C. 2.1
38. The landscape design does not include the City signature trees X
(Tibochina granulosa) at the ingress I egress areas to the site. These trees
must meet the minimum size specifications for trees. [Environmental
Regulations, Chapter 7.5, Article IT Sec. 5.C.3.N.l
39. All trees proposed under any existing overhead electric power lines must X
meet the FP & L Right tree in the Right Place manual selection for small
trees only.
40. The shade tree planting detail should include a line indicating where the X
diameter, height and clear trunk of all of the shade trees will be measured
at time of planting and inspection.
41. The palm tree planting detail should include a line indicating where the X
grey wood and height of all of the palm trees will be measured at time of
planting and inspection.
42. The landscape sheet should include a shrub and groundcover planting X
detail. This detail should include a line indicating where the height and
spread of the shrubs and groundcover plants will be measured at time of
planting and inspection.
43. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
COA
12/11/06
7
DEPARTMENTS INCLUDE REJECT
planting to (proper scale) visually buffer the proposed buildings and
parkin$!; lot from the Federal Highway road right-of-wav.
44. The sod areas shown in the interior parking lot islands should be X
changed to dwarf shrubs and In"ound cover plants.
Irrie:ation Plan
45. Turf and landscape (bedding plants) areas should be designed on X
separate zones and time duration for water conservation.
46. Trees should have separate irrigation bubblers to provide water directly X
to the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec.
5. C.2.1
PLANNING AND ZONING
Comments:
47. A traffic statement and/or if applicable, a traffic study must be submitted X
with this application.
48. Provide typical dimensions and striping detail of standard and X
handicapped parking spaces. Provide typical dimensions of terminal
islands, landscaped islands, and wheel stops.
49. The art/water feature at the north end of the building should be properly X
landscaped and lighted.
50. Plant taller palm trees (up to approximately one-half the height of the X
building), as well as a greater number to adequately buffer the building.
51. In keeping with the Urban Design Guidelines, any windows facing the X
R-O-W should be recessed a minimum of four (4) inches
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. Yunw ~
MWR/sc
S:\Planning\SHAREDlWP\PROJECTS\North General Center of Medicine\COA.doc
Exhibit --A" - North General Building
Location Map
-I
11TH
~--I
I
I
l
I
J
~ R1~
I/)
~ Singletfamily
Residential
C-16 Canal
--------._~-_.....------ --
I
/
LJ
I'
l
I
I
12TH I
bJp'exJ~!Si~a, E!
I 5:
<c'
0::
13TH
~ I
Neighbo1rhood JIll
ell . I
ommercla
I
MARTIN LUTHER KING'JR
.
04590
180
270
360
. Feet
N
..+,
~~-
s
6OL6-0~8 X8
~ (8,1-188 (1%) 80H('
~(~((ll '~JVJ\l
NOIW.OO
i .
. .
ii h
~'i iJi
"~
I
~l
Ir.mr
'I~ '4'''S wl8d
4'JON' ",,!ns "~"'H
1 SO Ol:~' 1:l311H:)liV .
AVM~91~ ~'O ll3NNVld
".. .J ~lllON
8s f
'SllYO'N . VIV
~
9NIOllflll 1VlI.N~
OJ ~lllON
ij
U
('9i;l~)DZQ
A Ii
fdi
.,.U ~!
; i
:
r J
,r
~
~
~~
;;::0
:c'
01-
_ :c
:C0
-.JiiZ
~u
UJ ::J
Oco
~f2
t:>
o
B
I
,-' "',,-
~~---~~-+-
I
!.1 i
u
: ~
,
! !
f' i":i~ L~ . ..'
. ,1"fJ gr. - i; iT'r'
." :::! !::
1 }
Ii i ~
"'/IfI/
.....,
.... . I l ~
".",'. ! ,: ~ ;
_ ~ ...... ~ 1
r I A
..,!'
I .~~-
( ~mE '1J .~~ NO!IW)Q
6OL61lt8 "'.:I E8SI-188 (\9S1 80VEE' '1.:1 '1p8OB wPd ~oN' SI Ol!ns "AMH I sn or~' .1:J3llHOllV - tl3NNVld '.B.tl....-O.N ' VlV S
AY~1l MI~lllUlION
9N1Ol1l1Q lYlJ~N~ 1l1llON )
.~ CD ~!
~
~
~
. . I ~II-
~O
e.. .' J::'
01-
· · III _ :c:
J::0
. ~~
..
1Ll::J
. j I I CllD
I ILl:::>
II-(L
I lI'illl 8 .
, .
,
\ \
,
\
I
,
1,1
+g ~I'l
1.
~ ;
I
~\:v.. '1,J 'IOV1\I N01NJ.OQ
AVMIf.)I~ M/;j(J:I,j ~ll1ON
6OL6-ot8 "'d (8~1-'88 (19~) 80v((' H 'Q:nr'8 w(1ld 'flJoN' ~I >I!"S "^^'H I SO O~V' 1031IHOll't' - IBNNVld - 'S'lJYO'N - V1V
.~& ~!
jJ~
In!
!\ q!
9 iu
eGO
,
,
I
,
. ~
I I
, ,
I I
,
Ii
01
II
"
~
"
II
m
.-
m
I
~
II
I!
..a
"
II
"
--
~i3QJlI>'_
"
II
II
, ,
II
, .
"
/I
II
"
~I
.'
I
I
I
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Oce. L1c.n..
Deputy City CI."
PROJECT NAME:
The Chow Hut
APPliCANTS AGENT:
Mr. Anthony Mauro, 558 Gateway Boulevard, LLC
APPliCANTS ADDRESS:
558 Gateway Blvd, Boynton Beach, FL 33435
DATE OF HEARING RATIACATION BEFORE CITY COMMISSION: January 2,2007
TYPE OF REliEF SOUGHT:
Request a site plan time extension until November 1, 2007, for a
building addition to a proposed restaurant on a 0.18 acre parcel in
the C-2 zoning district.
LOCATION OF PROPERTY:
558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west
of North Federal Highway).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came 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 re'lief sought was made by the Applicant in a manner consistent
with the requirements of the City's Land Development Regulations.
2. The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included".
4. The Applicant's application for relief is hereby
..,/ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: Ol-/)!;"- 07
S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 06-014\DO,doc
EXHIBIT "C"
Conditions of Approval
Project name: The Chow Hut
File number: SPTE 06-014
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\ WP\PROJECTS\Chow Hut\SPTE\COA.doc
\
! II! C/J~
.., -\
:: . ~
.~trl'
'"ell
I ~i
z'
I
. I
~ila
~ul I i
ill' ! I
I "
, I
(II I'
l> ,
nt I
~
-{ I
01 I
~
~ I ;;i
~ I
~ I
I
ii I
i~ i
U'
~~
I
I
I
I
I
I
I
~uu
;1' I
~
III! U
J! I \
-. ., ..~.. LJ - fie v 1'::>'fU bf II:: fJf_f\\
N ."N'M. II ..,..
"'.4
:I
~
~
IJ
l>
r
r
m
~
'.~
JO'''''.
MTa.IoCX
'..
I
h
,
'"
~ ('
'II~
ift
u !~I
51
'~
5,2'.'"
H H.DIJ'~.. lOC).'"
U!l1 Jill ~I~il J Jlil
111111111 jl!!!1 ~.12
h'll I ~
lilt III It..
i~ 2 ;~nl '11/ I ~il~ I ;!IU~ I i il' I
11I1 ! h I! ~ ~ i I
el i 11'1 II~I Ill' ell III 1 11= ~ !
hi rli! I .-.ll"i1 Il , ~
1111 .. i ~ t~ Il I
u 1111 1:.111 I ; ! Il ~ i !r
r~ it I ~ 5~ ill
II \I ~ 115
~I ~I I ~ ~
jillil . I
i I
n!! I
Q
I
P i ~ .. = CHOW HUT ' rGI-1
. ~~ ~
II P ... IADDW2~ovAnoNs li~ =
SS8GA AY80lUVARD
BOYNTON BEACH. R. '