Minutes 02-13-07
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, FEBRUARY 13, 2007 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Mack McCray, Commissioner
Carl McKoy, Commissioner
Kurt Bressner, City Manager
Jamilla Alexander, Assistant City Attorney
Janet Prainito, City Clerk
I. Openings:
A. Call to Order
B. Invocation by Dr. Solomon Rothstein, 2nd Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
Mayor Taylor called the meeting to order at 6:32 p.m. The invocation was given by Dr. Solomon
Rothstein. Commissioner McCray led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
There was consensus to move both items under XI. New Business to follow IV. Public Audience.
Item B., Discussion of Community Redevelopment Agency would be heard first, followed by Item
A. Gang Exclusionary Zoning.
Motion
Commissioner McCray moved to approve the agenda as amended. Commissioner McKoy seconded
the motion passed unanimously.
II. Other:
A. Informational Items by Members of the City Commission
Mayor Taylor had attended the Fire Department recognition event and praised the Fire Department
as real heroes. He elaborated they were incredibly well trained and the City should take pride in
the entire Fire Department.
Mayor Taylor also mentioned at a recent homeowners meeting two Boynton Beach Police Officers
attended and spoke about a prepaid postcard program they initiated. If a neighborhood, or
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February 13, 2007
community experienced difficulties with issues such as speeding, or drug trafficking, burglary, or
other crime, they could check those issues off the list of neighborhood problems and return the
card anonymously. The Police Department had a unit to look into the complaints. Chief Immler
added a bulk rate was obtained for the post cards for a total cost of $850.
Mayor Taylor advised the Implementation Team resulting from the American Assembly, was in
place and categories were identified. They were now seeking citizens to serve on subcommittees
and move the initiative forward. Carisse LeJeune, Assistant to the City Manager, explained the
assembly meeting was held to establish a shared vision for the City. The subcommittees were:
. Community Relations
. Public Communications and Governance
. Neighborhood Revitalization, Affordable Housing, Business Development and Retention
. Infrastructure
. Education
The subcommittees would operate under the guidance of the Implementation Team, appointed by
the City Commission. Applications were available or calls could be made to the City Manager's
office.
Commissioner McKoy reported on his recent trip to Washington, DC with Vice Mayor Rodriguez to
lobby for the City on several issues. He advised the federal government was considering cutting
CDBG funding. Other issues were homeowner ownership and some of the HUD Programs being
reviewed for cuts. Commissioner McKoy encouraged lobbying the legislators on those issues. A
more detailed report would be on file in the City Clerk's office.
Vice Mayor Rodriguez noted it was an opportunity to bring local issues to the Capitol and the
Commission would continue to lobby the legislators whenever possible.
B. Correspondence from Greenberg Traurig re: Promenade
Paul D'Arelli, Greenberg Traurig Zoning Attorney, spoke on behalf of Boynton Waterways
Investment Associates, the owner and developer of the Promenade Project. He addressed
Ordinance 04-005, relating to firemen breathing system requirements to be in placed in high-rise
buildings at the time of construction for possible later emergency use. He indicated the
requirement was being applied to the project improperly, and would cause significant ramifications
to his client.
Robert Fine, Attorney with Greenberg Traurig, contended the ordinance was a building,
design and construction ordinance. It could only be a Building Code requirement or a Fire
Prevention Code requirement. In 2001 the Florida Legislature made a policy decision to make a
Uniform Fire Code and a Uniform Building Code statewide. There was a provision to allow very
limited technical amendments. He referenced Fire Code Statute 633.0215 and Florida Building
Code Statute 553.73.
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Amendments could be made only if there was a local need beyond the needs of the region or the
State. The Building Code has one process to enact technical amendments and the Fire Code has
three methods. Mr. Fine asserted the adoption of 04-005 had not followed either set of statutory
criteria. The courts have held such amendments to be invalid and unenforceable. He stressed the
liability that attaches if the procedures are not followed can flow to a developer, a future
homeowner association and to the City, if enacted improperly. Mr. Fine offered to discuss the
issue with the City Attorney and bring the issues back before the Commission for resolution.
Paul Lipton, also an attorney with Greenberg Traurig, quoted from Florida Statute 633,
"With the adoption of the Florida Fire Prevention Code, local governments were severely restricted
in their ability to adopt local amendments and variations. The legislative intent was to adopt a
statewide unified Building Code and Fire Prevention Code and to minimize the number of local
violations to them". The three different methods established for a local municipality to amend the
Code were not followed by the City of Boynton Beach, according to Mr. Lipton. He asserted when
a State preempts a certain area, the municipality cannot act on its own, and must follow the
procedure established through the State. Mr. Lipton wanted to discuss the various issues with the
City Attorney and staff and maintained his client was in complete compliance with the Fire Safety
Code.
Jeff Krinsky, Boynton Waterways Investments Associates, contended the system
requirements of Boynton Beach were not on the books in any other city or state east of the
Mississippi. The system is not UL rated and certified service technicians are not available. Mr.
Krinsky opined if the system were put in, it could not be maintained, creating possible safety issues
for the firefighters if used. The future liability could be enormous.
Rodger Kemmer, Fire Marshall, stressed they were not amending the State Fire Prevention
Code, rather they enforce the State Fire Prevention Code. He also read from Florida Statute 633,
"this section shall not be construed to prohibit local government from imposing built in fire
protection systems or fire related infrastructure requirements needed to properly protect the
intended facilities."
Vice Mayor Rodriguez questioned why the applicant had initially agreed with the requirement in
2004 and now disagrees. Mr. D'Arelli responded the developer agrees to comply with the Code
and presumes the requirements are legal. The building permit level and site plan level are two
very different criteria for approval. Mr. Lipton added the requirement for the equipment was in
violation of Florida Statute 633 and unconstitutional. It could be challenged at any time.
Commissioner Weiland responded the system had been approved in other states. He emphasized
the issue was about safety, lives, furnishings and firefighters that could be in jeopardy. From a
safety and marketing angle the equipment would be an asset.
Mr. Krinsky maintained the building would be fully sprinklered with sliding doors on every floor.
Other municipalities with taller buildings do not use the system because it is not UL rated or
tested. The system could not be certified and maintained.
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Commissioner McCray felt further discussion should only be in the presence of the City Attorney.
Mr. Lipton reiterated the request that the City comply with the State Statute and submit the
equipment and plan to the State Fire Marshall.
Mayor Taylor commented he was proud that the City of Boynton Beach was on the cutting edge of
the technology and advancement in fire safety equipment. He indicated the construction of the
building would have to wait through the approval process if it was sent to the State. He would not
approve the project without the system. Mayor Taylor understood the Federal, State and County
Statutes enacted minimum compliance standards with their Codes. Additional requirements can be
added or made more stringent.
Mr. Lipton again referred to the Statute and maintained that a review must be based on local
conditions justifying more stringent requirements than those specified. He contended Boynton
Beach did not have any special conditions other than any other City. Any delay would result in
damages to the developer and the loss would be recouped from the City.
Mayor Taylor felt it was better to err on the side of the safety of the citizens. Mr. Lipton preferred
the City err on the side of the constitutionality of its actions.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. The Boynton Beach Heritage Celebration will be held February 23, 24, & 25,
2007. Activities at the Hester Center include children's activities, sports
tournaments, art exhibits, and entertainment featuring Suave Smooth, JRed,
Boot Leg and Tampa Tony. Koo/ & the Gang will perform a FREE concert on
Saturday, February 24th, 7 p.m. to 10 p.m., on East Ocean Avenue.
Kathleen Biscuiti, Special Events Manager, reviewed the calendar of upcoming events. Most of the
events were free and she invited everyone to attend.
2. Boynton Beach City Library's Heritage Celebration and African-American History
Month Activities.
Calendar of Events
Feb. 16 3:30 p.m.
Feb.1? 1 p.m.
Feb. 21 6 p.m.
Feb. 22 6 p.m.
Feb. 23 1:30 p.m.
Harriett Tubman - Performance artist will portray Harriett Tubman at the
Schoolhouse Children's Museum.
The American Constitution - Author Cathy Travis will inform us about our
history and our government workings in plain English.
African American Familv Film Festival - A movie, suitable for all audiences,
which is related to African American Heritage will be shown.
African American Film Niaht: Stormy Weatherwith Lena Horne.
Insiaht into Remote Africa - A PowerPoint presentation of photos taken by a
Library patron in remote parts of Africa. A brief history of the different regions and
a description of the culture will be presented.
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Feb. 24 3 p.m.
African American Tribute Show - United Teens in Action (teen volunteers) will
produce a skit taking place in a classroom where they discuss famous and not so
famous African Americans.
African American Family Film - A movie, suitable for all audiences, which is
related to African American heritage will be shown.
Feb. 24 2 p.m.
Myra Jones, 311 NW 4th Avenue, invited everyone to join in the events and announced multi-
cultural books and materials would be available for purchase to help support the various events. A
community opening reception was being held at the Civic Center and a gospel concert would
conclude the events. She distributed copies of a book featuring black history within the State of
Florida.
Commissioner McKoy strongly encouraged staff to review very carefully both the language and
visuals to assure nothing offensive had been included.
Mayor Taylor expressed concern with the fact the celebration had extended over the budgeted
amounts. Mr. Bressner related funds were used from the prior year's account as well as additional
monies from the CRA leaving a $3,000 shortfall at this juncture. He understood the overage for the
Kool & the Gang concert would be covered by the CRA. Mayor Taylor suggested next year's event be
planned well in advance to avoid any shortfalls. Mr. Bressner observed signature events were a topic
at the Assembly meeting and a Community Events Commission should be established to act as a
liaison with the community.
Commissioner McCray thanked Ms. Bright and Mr. Bressner for finding additional monies to present
many of the community events.
3. Agenda Preview Conference for February 16, 2007 and City Commission
meeting for February 20, 2007 are CANCELLED.
Mayor Taylor announced the cancellation of the February 20th City Commission meeting and the
February 16th Agenda Preview Conference.
4. Next City Commission meeting is scheduled for MONDAY, March, 5, 2007.
Mayor Taylor also announced the next meeting would be held on Monday, March 5th. Mr. Bressner
explained many of the Commissioners were traveling to Tallahassee on Tuesday, March 6th, the
regular meeting date.
B. Community and Special Events:
1. Gang Free Boynton Beach "Kids Night Out" with the Original Harlem
Globetrotters, March 5, 2007 at the FAU Arena, Boca Raton. Fifty elementary
school age children will be awarded tickets for their drawings depicting
alternative activities to joining a gang.
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Chuck Magazine, Risk Manager and Bobby Jenkins, Assistant Director of Finance, explained fifty
tickets had been purchased for the children along with shirts, food and transportation. Mr. Magazine
challenged everyone to volunteer something to help.
C. Presentations:
1. Proclamations
None.
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>
David Katz, 67 Midland Lane, offered condolences for the passing of Lillian Artis, a former
Commissioner for the City of Boynton Beach. Mr. Katz also referred to the nomination of Shirley
Jaskiewicz as Commissioner of District I at the previous City Commission meeting. He felt the
comments made by Commissioner McCray at that time were mean spirited, unkind and unfortunate.
He urged, in the future, those types of comments be stricken from the record and the Mayor
immediately silence the speaker. Although Mr. Katz felt an apology was in order, Commissioner
McCray did not feel it was necessary.
Patti Hammer, 52 Stratford Lane, took issue with Commissioner McCray's previous remarks
regarding Shirley Jaskiewicz. Ms. Hammer outlined Ms. Jaskiewicz many contributions to the City of
Boynton Beach.
Loretta Archer, 2222 NE 3rd Court, and Lamont Artis, 306 NW 1st Avenue, thanked the City
for the services rendered to the family of Lillian Artis upon her passing that included the honor
guards, Police Department, and Recreation and Parks Department. Mayor Taylor thanked the family
for sharing their mother with the City of Boynton Beach.
Shirley Jaskiewicz, past City Commissioner, past Chair of the Community Relations Board and
current member of the Planning and Development Board, felt her character had been impugned and
her dedication to the City of Boynton Beach. She enlightened Commissioner McCray on her many
achievements and activities to assist District II, especially regarding Boynton Terrace and other racial
issues. Ms. Jaskiewicz also suggested participation in the Rachel Program, initiated after the
Columbine School shootings to assist in eliminating gang violence.
Pamela Thompson Elder, 101 NW 13th Avenue, requested a new one-way sign be placed on her
street for traffic entering from Seacrest Boulevard, to avoid any further accidents.
Ron Silverio, 10 Velaire Avenue, discussed the placement of a traffic light at the intersection of
Old Boynton Road with the new spine road running from Gateway Boulevard, south to Old Boynton
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Road. He requested the City assist the residents in working with the County to obtain a traffic signal
for the new intersection.
Mayor Taylor commented individuals do have a right to respond to any comments. He had worked
closely with Ms. Jaskiewicz when she was a Commissioner and he offered his apology for any
offensive remarks that had been made. The job she has done was outstanding and he thanked her
for her service to the City of Boynton Beach.
Johnnie Mae Lee, 407 NW 9th Avenue, expressed her concern with public music that included
offensive language and content. If a violation occurs what should be done? Mayor Taylor suggested
calling the Police Department and Code Compliance to deal with decibel violations and content. Mr.
Bressner directed she speak with Chief Immler.
Mayor Taylor closed the public audience, no one else coming forward.
XI. NEW BUSINESS: (Taken out of order)
B. Discuss Community Redevelopment Agency Board functions and accomplishments,
and after discussion, possible elimination of Community Redevelopment Agency
Boa rd.
Commissioner Weiland recognized the discussion and decision could be difficult and he hoped a
conclusion could be reached that would work for everybody. His efforts were directed toward
continued growth for the City of Boynton Beach. His first concern was the lack of progression with
the MLK corridor project. He understood the joint venture agreement should be signed at this
time, property contracts in order and the financing in place.
Commissioner Weiland was concerned that animosity between the parties had eroded the process
and the hope for any joint venture. He suggested the CRA remain a viable entity, but relinquish
the MLK Corridor project to the City Commission. Continued negotiations with the CRA would be
essential to the success of the project.
Commissioner McCray recalled the City Manager and City Attorney had been designated to work
with the parties and facilitate an agreement by March, 2007. He felt very strongly that the MLK
corridor project should remain with the CRA because they were working for the best interest of the
residents. Many promises had been made by prior Commissions that had not come to fruition. He
praised the CRA for their efforts
Commissioner Weiland thanked Guam Sims for his comments during the previous CRA meeting
that allowed further discussion on the topic.
Commissioner McKoy responded he opposed the City taking over the negotiations with Intown
Development. The City Manager and City Attorney had been charged with only the responsibility
of facilitating the negotiations. The City Commission should only be involved after the agreement
has been reached.
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Vice Mayor Rodriguez recounted the fact it had been six years since the project commenced and a
stalemate exists between the CRA and the developer. He had offered to assist in the negotiations;
however, the Commission opposed his participation. Vice Mayor Rodriguez had given the City
Manager 30 days to effectuate an agreement and the time had elapsed. The Commission would
ultimately be responsible for the development of the City. Vice Mayor Rodriguez favored the
Commission taking over the specific negotiations from the CRA board to facilitate some forward
progress. He cautioned the Commission would only take over the negotiations.
Commissioner McCray questioned the urgency at this point since six years had passed. Intown
had not provided the requested information and the CRA should continue the negotiation process.
He wanted assurances that the residents of District II would not be rushed into a project after
waiting for so long to get what they wanted.
Commissioner McKoy added in normal contract situations when negotiations fall apart, the parties
move on. A second party and plan were on the table when Intown was awarded the contract. He
recommended since the negotiations have failed, the second party and plan be investigated which
was part of the original plan.
Mayor Taylor commented the consensus was that everyone wanted the redevelopment of the MLK
corridor. Market changes have greatly influenced all the projects in the City. Mistakes had been
made by all parties. Mayor Taylor felt the County should become involved to assure workforce
housing could be included. He remained hopeful that the distrust between the CRA and the
developer could be overcome. He favored the City Commission be given the MLK corridor project
and the CRA continue with other projects.
Mayor Taylor opened the issue for public hearing.
Sergio Casaine, 13 Meadows Park Lane, agreed staff was available to deal with the issues.
He reiterated his prior concerns regarding the chosen developer, Intown Development Group.
Intown had not provided the pertinent information for the CRA to move forward and have just
recently joined a partner to the group. Mr. Casaine asserted a conflict of interest has arisen with
David Katz's involvement with Intown. He contended the affordable price housing would not be
for the residents of the Heart of Boynton. He agreed with Mayor Taylor that the project needs to
move forward, but felt it was unfair to blame the CRA. In Mr. Casaine's view the developer had
failed to provide the necessary information and financing.
Rod Silverio, 10 Velaire Drive, suggested the talks have been ongoing for years with no result
and blaming the CRA board was inappropriate. He questioned how the Commission could do
better than the CRA board if the information was not provided. Mr. Silverio charged the
Commission should not interfere.
Commissioner Weiland responded mistrust exists, political activists are working against each other
and the infighting must stop. Properties are being bought for far more than their value.
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Brother Victor Norfus, 261 N. Palm Drive, and candidate for the District II City Commission,
asserted the CRA's introduction of the developer to the community was a scam. At that point
Intown was very prominent in the process. Currently, a plan has never been submitted to the
board. It appeared to Mr. Norfus that the Commission wants to consolidate land to get a
developer interested in the area. Intown Development Group is not the developer of choice and
he speculated even if the Commission took over the negotiations, Intown could not provide the
necessary information. The CRA cannot be blamed for the developer's lack of cooperation. Mr.
Norfus contended it has been 30 years, so rushing into anything would not be in the best interest
of the residents. He did not feel Intown Development had the financial backing to do the project.
He agreed the City should be involved, but not take over the entire process.
Commissioner Weiland responded the ground could be broken by the end of the year. He had
spoken to Intown and assurances were made the project would commence in August.
Mr. Norfus contended those promises had been made in the past. Many businesses have been
torn down and Intown Development has not shown anyone the $50,000,000 promised.
Vice Mayor Rodriguez restated his position was simply to negotiate and get a deal done. The
parties are yet to be determined.
Ken Spillias, Attorney for the CRA, emphasized the project is between the CRA, the City of
Boynton Beach and Intown Development, a tripartite agreement. Any agreement would require
final approval by the Commission. A crisis of communication with the developer does exist.
Discussions resulted in the CRA being designated to negotiate for the City of Boynton Beach and
the CRA. Mr. Spillias concurred with the suggestion to turn the negotiations over to the City
Manager and City Attorney. The CRA will fully cooperate with the City of Boynton Beach and the
negotiations.
Henderson Tillman, 54 Bentwater Circle, Chair of the Community Redevelopment Agency
Board, spoke on behalf of the Community Redevelopment Agency Board, and indicated there
would be no objection to the City of Boynton Beach being the lead in the negotiations for the MLK
Corridor project. If the negotiations fail, an additional recourse would need to be in place also.
Commissioner Weiland was certain the project could move forward with a new group of people.
Sunny Garcia, 1631 NW 3rd Lane, expressed his opinion the CRA should continue with the
project in conjunction with the assistance of the City Manager.
Commissioner McKoy stressed the City Manager and City Attorney were working on behalf of the
citizens and the City Commission. There was no need for any of the Commission members to
become involved at this point.
Vice Mayor Rodriguez revealed he had not had any communication with Intown Group since
inception of the project.
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Commissioner Weiland maintained the negotiations could reach a stalemate with the current
negotiators also.
Mayor Taylor feared nothing would happen along the MLK Corridor. Cooperation would be the
key. He agreed the City Manager and City Attorney could take the lead in the negotiations.
Mr. Bressner admitted he was unable to move the project along in the 30days he had been given.
He did not agree with Mr. Tillman's position that the CRA should relinquish their position in the
negotiations. Intown Development had not stated any disagreement with the agreement that had
been prepared. The agreement is structured as a tripartite agreement and all parties must agree
and terms have to be established. Ex parte discussions had crippled the negotiations.
Vice Mayor Rodriguez left the dais at 8:43 p.m.
Vice Mayor Rodriguez returned to the dais at 8:45 p.m.
The next step should be the execution of the developer's agreement, in Mayor Taylor's view.
Woodrow Hay 427 NW 4th Avenue, hoped the Commission would realize the lack of trust that
existed within the Heart of Boynton residents. The results of the negotiations would have long
reaching effects on the residents.
David Flooring, a business owner along Railroad Avenue in the Heart of Boynton, expressed his
lack of faith in the current CRA after his requests for information resulted in no response from the
CRA. Intown Development was his competitor. Mr. Floering recalled the City had too many plans
and too many agencies involved and he concurred with the proposal to have the City Manager and
City Attorney lead the negotiations.
Doris Jones, 205-207 NE 9th Avenue, had personal contact with Intown and supported the
CRA's efforts and involvement in the MLK Corridor project.
Belsheeba Eden, 1208 NE 2nd Street, pleaded for the Commission to consider the families and
elderly residents that would be relocated and their homes destroyed. The support of the residents
was definitely faltering.
Commissioner McCray reiterated his position that the City Manager and City Attorney should be
given more time to attempt negotiations and resolution.
Mayor Taylor was in favor of the City being the lead negotiators and work with the CRA and
Intown Development to resolve the issues.
Motion
Vice Mayor Rodriguez moved that the City Commission take over negotiations of MLK corridor as a
tripartite agreement including the City Manager, City Attorney, Executive Director of the CRA. The
negotiations should be reported directly to the City Commission for guidance and approval.
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Commissioner Weiland seconded the motion. The motion passed 3-2. (Commissioners McCray
and McKoy dissenting.)
Mayor Taylor called a five minute recess at 9:01 p.m.
Mayor Taylor reconvened the meeting at 9:13 p.m.
XI. NEW BUSINESS: (Taken out of order)
A. Discussion of Gang Exclusionary Zones
Based on experiences in other cities across the nation, Mayor Taylor suggested the City establish
exclusionary zones where gang members could not congregate. The zones could be shopping
malls or centers, schools, parks, playgrounds or even civic events. The Police Chief and City
Attorney had been directed to review the concept and procedures.
Ms. Alexander, Assistant City Attorney, advised a draft would be made of any parameters that
would be legally defendable. Mayor Taylor suggested an ordinance be drafted to establish the
zones and the procedures to be followed for enforcement.
Vice Mayor Rodriguez felt any steps taken would be a plus for the citizens, if it is enforceable. He
supported any effort to proactively address the issue of gangs and violence.
Chief Immler offered legal definitions of "gang" members. With specific direction from the
Commission on the types of zones that should be established and specific definition of gang
members, the ordinance would be useful as an additional tool to combat crime.
Commissioner McKoy agreed any efforts to address the issue of gang violence should be done.
The geographic areas would need to be developed.
Commissioner Rodriguez recommended Chief Immler have contact with the Police Chiefs in areas
that had ordinances establishing exclusionary zones.
Ms. Alexander, advised the issue should be researched to make sure the ordinance is geared
toward the problems in the City of Boynton Beach.
Susan Horne, 1 Colonial Club Drive #104, advised outreach to the family of the man slain on
Christmas Eve had not been forthcoming. The jails are full and do not offer any rehabilitation
services. Ms. Horne felt the solution should involve more than making more arrests.
Mayor Taylor's focus remains with the innocent citizens and safety of the community.
Bob Terpster, 15445 Lakes of Delray, Delray Beach, FL., spoke on behalf of the American Civil
Liberties Union (ACLU) of the State of Florida and explained his interpretation of the West Palm
Beach ordinance including the injunctive relief. In his view, the police should focus on unlawful
activities. The ACLU had challenged the constitutionality of this type of ordinance that would
create records for innocent people who participate in peaceful assembly.
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Mayor Taylor clarified the intent was to focus on those with crime as a lifestyle.
Carol Bishop, 2861 S. Sea crest Boulevard, understood there was a problem, but the root of
the problem involved reaching out to understand the cause of the repetitive conduct. It should be
a community project to break the cycle.
Vice Mayor Rodriguez recognized programs were being initiated to uncover the issues.
There was consensus to have the Police Chief and City Attorney draft a proposed ordinance to
bring before the Commission.
v. ADMINISTRATIVE:
A. Accept the resignation of Alfred Levy as a regular member of the Community Relations
Board.
Motion
Commissioner McCray moved to accept the resignation of Alfred Levy. Commissioner Weiland
seconded the motion. The motion passed unanimously.
B. Accept the resignation of William Kull as a regular member of the Veterans Advisory
Commission.
Motion
Commissioner McKoy moved to accept the resignation of William Kull. Commissioner McCray
seconded the motion. The motion passed unanimously.
C. Appointments:
Appointment Length of Term
To Be Made Board Expiration Date
III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (2)
IV McKoy Cemetery Board Alt 1 yr term to 4/07
II McCray Code Compliance Board Alt 1 yr term to 4/07 Tabled (2)
Weiland Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07
I Weiland Education and Youth Advisory Board Alt 1 yr term to 4/07
IV McKoy Education and Youth Advisory Board Reg 2 yr term to 4/07 Tabled (3)
Mayor Taylor Library Board Alt 1 yr term to 4/07
IV McKoy Library Board Alt 1 yr term to 4/07 Tabled (2)
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IV McKoy
Mayor Taylor
Recreation & Parks Board
Recreation & Parks Board
Alt
Reg
1 yr term to 4/07 Tabled (2)
3 yr term to 4/08
Mayor Taylor
Senior Advisory Board
Reg
2 yr term to 4/07
Motion
Commissioner McCray moved to table all appointments to the next meeting. 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 Conference - January 12, 2007
2. Regular City Commission - January 16, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved
in the 2006-2007 Adopted Budget.
1. Approve the piggyback of the CITY OF WEST PALM BEACH, BID #03/04-06, to
FLORIDA HIGHWAY PRODUCTS, INC. for the microsurfacing of roadways in
the northeast and southeast quadrants in the estimated amount of $335,983.
2. Approve a contract with Vila & Son in the amount of $79,927.50 for installation
of landscaping for the Southeast Neighborhood Park based on the existing
City's annual contract with Vila & Son. (Proposed Resolution No. R07-
018)
C. Resolutions:
1. Proposed Resolution No. R07-019 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Mario Doran for the property at 1112 Seagrape Road, Lake Worth,
FL (Hypoluxo Ridge Add 2 Lot 52).
2. Proposed Resolution No. R07-020 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Maria Barrera for the property at 1049 Highview Road, Lantana, FL
(Ridge Grove Add No 1 Lot 212).
3. Proposed Resolution No. R07-021 RE: Approving and
authorizing execution of a two-year service and support agreement with
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February 13, 2007
TelVue Virtual Television Networks (TVTN) to remotely organize, update and
maintain the City's public access television station at no cost to the City.
Mayor Taylor announced there was a request to table Item VI.C.3 and it should be pulled for
discussion.
4. Proposed Resolution No. R07-022 RE: Approving and
authorizing execution of Task Order No. U07-20-1 with Wantman Group, Inc.
in the amount of $591,280 to provide engineering services for route analysis,
field survey, design, permitting and bid phase services for the Regional Force
Main and SE 6th Avenue Lift Station Project, plus an owner's contingency of
10% in the amount of $59,128 for a total of $650,408.
5. Proposed Resolution No. R07-023 RE: Approving and
authorizing execution of a contract between 4th St. LLC and the City of
Boynton Beach for a live fire training burn of a building located at 416 SE 4th
Avenue.
6. Proposed Resolution No. R07-024 RE: Approving and
authorizing execution of an agreement with Workforce Alliance in furtherance
of an approved Employed Worker Training Grant for $27,711 to train up to 31
employees.
7. Proposed Resolution No. R07-025 RE: Ratifying the action
of the South Central Regional Wastewater Treatment & Disposal Board.
a. Approving Hazen and Sawyer's Consulting Services Work Order No. 07-
004 to provide engineering, permitting, and bidding services for the
reclaimed water system expansion in the amount of $597,920 to be
split 50/50 from each City's Capital Funds.
b. Approving Hazen and Sawyer's Consulting Services Work Order No. 07-
003 to provide engineering, permitting, bidding and construction phase
services for construction and testing of deep injection well in the
amount of $363,900 to be split 50/50 from each City's Capital Funds.
8. Proposed Resolution No. R07-026 RE: Approving and
authorizing revisions to the City of Boynton Beach Job Title listing previously
approved by the Commission by Resolution No. R06-087.
Vice Mayor Rodriguez pulled Item VI.C.8 for discussion.
9. Proposed Resolution No. R07-027 RE: Approving and
authorizing execution of an interlocal agreement with funding in the amount of
$300,000 with Palm Beach County as a partner to implement the Youth
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
Violence Prevention Project (YVPP) in a targeted area of the City of Boynton
Beach.
Vice Mayor Rodriguez pulled Item VI.C.9 for discussion.
10. Proposed Resolution No. R07-028 RE: Approving and
authorizing execution of a Project Agreement in an amount not to exceed
$35,000 from the Palm Beach County Recreation Assistance Program (RAP) -
County District 3 ($10,000) and Engineering Capital Funding - County District
7 ($25,000 - Commissioner Addie Greene) to assist with costs for Boynton
Beach Little League field improvements.
D. Approve the execution of a Special Warranty Deed to convey ownership of the Old
High School buildings to the Boynton Beach Community Redevelopment Agency (CRA).
Vice Mayor Rodriguez and Commissioner Weiland pulled Item VI.D. for discussion.
E. Approve full release of surety for the project known as Quantum Park Townhomes East
& West (aka Parkside), in the amount of $789,542.60, and to return the original
performance bond no. SU5003089 from Arch Insurance Company in this amount to the
developer, D. R. Horton, Inc.
Motion
Commissioner McCray moved to approve the consent agenda with the exception of those pulled for
discussion. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously.
VI.C.3.
Proposed Resolution No. R07-021 RE: Approving and authorizing
execution of a two-year service and support agreement with TelVue Virtual Television
Networks (TVTN) to remotely organize, update and maintain the City's public access
television station at no cost to the City.
Mr. Bressner requested Item VI.C.3. be tabled to review past contracts and assure the terms of the
contract are favorable for the City.
Motion
Commissioner McCray moved to table Item VI.C.3 to March 5th. Commissioner McKoy seconded the
motion. The motion passed unanimously.
VI.C.8.
Proposed Resolution No. R07-026 RE: Approving and authorizing
revisions to the City of Boynton Beach Job Title listing previously approved by the
Commission by Resolution No. R06-087.
Vice Mayor Rodriguez inquired if the Administrative Assistant position that upgrades from a Grade 14
to Grade 20 was an open position or a promotion and did it impact the budget.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
Sharyn Goebelt, Human Resources Director, explained it was a position that had been vacated and
was being upgraded. The fiscal impact would be covered in the current year's budget as it has been
vacant to this point. It would equate to approximately $6,000 annually.
Motion
Vice Mayor Rodriguez moved to approve Item VI.C.8. Commissioner McKoy seconded the motion.
The motion passed unanimously.
VI.C.9.
Proposed Resolution No. R07-027 RE: Approving and authorizing
execution of an interlocal agreement with funding in the amount of $300,000 with
Palm Beach County as a partner to implement the Youth Violence Prevention Project
(YVPP) in a targeted area of the City of Boynton Beach.
Vice Mayor Rodriguez inquired if the CRA funding would be included. Mr. Bressner related there
would be no funding from the CRA.
Lisa Bright, Executive Director of the CRA, announced the CRA remained steadfast in working toward
redevelopment of the entire Heart of Boynton area and all parties should be commended. It had
been decided that the Chair of the CRA board would meet with the City Manager for guidance on the
direction decided by the City Commission and create funding from contingency monies where it is
needed.
Mr. Bressner announced a second meeting was being held with Lantana, Boynton, Delray, Lake
Worth and the County to work on cooperative programs for youth to combat gangs and violence.
Motion
Vice Mayor Rodriguez moved to approve Item VI.C.9. Commissioner McKoy seconded the motion.
The motion passed unanimously.
VI.D. Approve the execution of a Special Warranty Deed to convey ownership of the Old
High School buildings to the Boynton Beach Community Redevelopment Agency (CRA).
Vice Mayor Rodriguez asked for clarification and the project timeline identifying deliverables for the
CRA. Ms. Bright reviewed the history of the Old High School renovations and the budget
appropriations. When grant funding possibilities were abandoned, an RFP process had been initiated
that did not result in any viable ventures. Ms. Bright hoped the downtown master plan would assist
in the ultimate disposition and use of the Old High School.
Commissioner Weiland voiced concern that the CRA could ultimately demolish the building and the
City would have relinquished all control. Mr. Bressner responded a reverter clause in the interlocal
agreement prevented that possibility.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
Motion
Commissioner Weiland moved to approve Item VI.D. Vice Mayor Rodriguez seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Ms. Alexander, Assistant City Attorney, administered an oath to all those intending to testify.
A.
Project:
Agent:
Owner:
Location:
Descri ption:
306 SW 5th Avenue/Jenkins (ZNCV 07-001)
Steve and Anna Jenkins
Steve and Anna Jenkins
306 SW 5th Avenue
Relief from Chapter 2, Zoning, Section 5.D.2.a. of the Land
Development Regulations, requiring a minimum rear setback of 20
feet, to allow a 7 foot variance, resulting in a 13 foot rear setback for
a solid-roof screen enclosure on property zoned R-1-A
Vice Mayor Rodriguez left the dais at 10:03 p.m.
Kathleen Zeitler, Planner, reviewed the staff report and located the property in the Mango Heights
subdivision. Staff determined the variance request did not meet the necessary criteria. First, the
lot was not peculiar; second, the contractor did not post a permit which is ultimately the
responsibility of the homeowner; third, no other similar variances had been granted. Fourth, other
homeowners had complied with the setback requirement without the need for variance; fifth, the
reasonable use of the lot is met without the need for a variance; and sixth, granting the request
would not be in harmony with the intent of the ordinance. Staff ascertained no hardship existed
with the exception of an economic hardship which is not applicable. Staff concluded none of the
criteria had been met and the hardship is self-imposed. The request should be denied.
Vice Mayor Rodriguez returned to the dais at 10:07 p.m.
Attorney Alexander administered an oath to Mr. Bressner.
Commissioner Weiland recalled discussion on changing the setbacks for older neighborhoods. Mr.
Bressner thought the Code had been changed for rear yard setbacks. Ms. Zeitler advised the Code
changes that had been made did not apply to this property.
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
Steve Jenkins, applicant, explained a patio had been on the house since 1976 until a hurricane
destroyed it. Ms. Zeitler interjected the patio had never been permitted. Only the cement slab
had been permitted in 1977. The contractor had applied for the new permit that was later denied.
Mayor Taylor noted the Planning and Development Board approved the request.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve Item VIlLA. Commissioner McCray seconded the
motion. The motion passed unanimously.
B.
Project:
Agent:
Owner:
Location:
Description:
Motion
Cortina at Boynton Village (SPTE 06-012)
Stephen B. Liller, K. Hovnanian Homes
Hovstone Properties Florida, LLC
Boynton Village, northeast corner of Old Boynton Road and Congress
Avenue
Request for a one (1) year site plan time extension for site plan
approval granted on September 20, 2005, from September 20, 2006
to September 20, 2007.
Commissioner McCray moved to approve Item VIlI.B. Commissioner McKoy seconded the motion.
The motion passed unanimously.
c.
Project:
Agent:
Owners:
Location:
Descri ption:
The Learning Place II (SPTE 07-001)
Scott and Catherine Freeland
Scott and Catherine Freeland
8515 Lawrence Road, east side of Lawrence Road, immediately
south of Citrus Cove Elementary School and the LWDD L-21 Canal.
Request for a one (1) year site plan time extension for site plan and
conditional use (COUS 04-006) approval granted on October 18,
2005, from October 18, 2006 to October 18, 2007.
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 VIlI.C. Vice Mayor Rodriguez seconded the motion.
The motion passed unanimously.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
D.
Project:
Agent:
Owner:
Location:
Descri ption:
Fire Station #S (CDPA 07-001)
David Stump, Project Manager, Engineering Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High Ridge Road, south of
Gateway Boulevard.
Request for Community Design Plan Appeal approval to allow
overhead bay doors to face High Ridge Road.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McKoy moved to approve Item VIII.D. Commissioner McCray seconded the motion.
The motion passed unanimously.
E.
Project:
Agent:
Owner:
Location:
Description:
Fire Station #S (NWSP 07-002)
David Stump, Project Manager, Engineering Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High Ridge Road, south of
Gateway Boulevard.
Request new site plan approval to construct a two-story, 42,739
square foot fire rescue station to also include Fire Administrative
offices, ITS, the Emergency Operation Center (EOC) and related site
improvements on a 4.47-acre site zoned Planned Industrial
Development (PID).
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve Item VIII.E. Commissioner McKoy seconded the motion.
The motion passed unanimously.
F.
Project:
Agents:
Owner:
Location:
Descri ption:
Citrus Park (MPMD 07-001)
Marilyn Bonora, Prime Management Group, Wendy and Ross Cooper
Prime Management Group
Citrus Park PUD; south of Miner Road and east side of Lawrence
Road
Request for a master plan modification to reduce the minimum side
yard setback for swimming pools from twelve (12) feet to four (4)
feet and the minimum side yard setback for screen-roofed screen
enclosures from twelve (12) feet to three (3) feet on the non-zero
side of certain lots.
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
Ed Breese, Planner, noted the homeowners' association had requested the modification. He
reviewed the request. Staff recommended approval of the request.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Vice Mayor Rodriguez moved to approve Item VIII.F. Commissioner McKoy seconded the motion.
The motion passed unanimously.
G.
Project:
Agent:
Owner:
Location:
Descri ption:
Polio Campero (NWSP 07-003)
Oscar Tazoe, Kimley-Horn & Associates, Inc.
1950 Congress Avenue, LLC
Boynton Town Center; east side of Congress Avenue, approximately
820 feet north of Old Boynton Road.
Request for new site plan approval to construct a 3,289 square foot
drive-through restaurant and related site improvements on out lot
#4 of the approved Boynton Town Center project.
Ed Breese, Planner, reviewed the request and location of the project. Staff recommended
approval with all the conditions of approval.
Enrique Kaufer, agent for Polio Campero, agreed 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 Weiland moved to approve Item VIII.G. Commissioner McKoy seconded the motion.
The motion passed unanimously.
H.
Project:
Agent:
Owner:
Location:
Descri ption:
Banks in Quantum Park (USAP 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park
Request to amend the list of approved uses for the Quantum Park
Planned Industrial Development (PID) to include banks.
Ed Breese, Planner, reported the applicant was required to leave for an emergency and had asked
Item. H. and Item. I. be continued to the next meeting.
There was consensus to move forward without the applicant.
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
Motion
Commissioner McCray moved to approve Item VIlI.H. Commissioner McKoy seconded the motion.
The motion passed unanimously.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Descri ption:
Quantum Park Lot 1 - OPH Bank (MSPM 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park Lot 1; north side of Gateway Boulevard, east of
Congress Avenue. (Original Pancake House)
Request for major site plan modification to convert the existing 4,710
square foot restaurant to a 5,267 square foot bank on a 1.15 acre
parcel zoned Planned Industrial Development (PID).
I.
Project:
Agent:
Owner:
Location:
Motion
Commissioner McCray moved to approve Item VIlLI. Commissioner Weiland seconded the
motion. The motion passed unanimously.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
IX. CITY MANAGER'S REPORT:
A. Temporary Housing of Police Department and Code Enforcement
Chief Immler reviewed the three possible relocations that had previously been proposed. An
additional option would be the renovation of Fire Station #2 on Congress Avenue south of
Woolbright. The renovations would cost approximately $100,000 from the Capital Improvement
budget. Mr. Bressner recommended renovating Fire Station #2 for the Police Department.
There was consensus to continue efforts to relocate the Code Compliance Division.
Motion
Commissioner McCray moved to approve Item IX.A. Commissioner McKoy seconded the motion.
The motion passed unanimously.
x. FUTURE AGENDA ITEMS:
A. Feasibility of Saturday hours for the Building Division (March 2007)
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
Commissioner McCray requested the addition of discussion regarding lobbying in the City
Commission and discussion on the necessity of a super majority vote for dissolution of the CRA
board.
XI. NEW BUSINESS:
A. Discussion of Gang Exclusionary Zones (Item moved fOlward on the agenda)
B. Discuss Community Redevelopment Agency Board functions and accomplishments,
and after discussion, possible elimination of Community Redevelopment Agency
Board. (Item moved forward on the agenda)
C. Update on small business initiative and timeline.
Bobby Jenkins, Assistant Director of Finance, advised the timeline submitted was on track.
Commissioner McKoy voiced concerned that the item continue to move forward in spite of the
absence of some staff. Mr. Bressner agreed some work should be reassigned.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. 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. (Tabled to February 13, 2007)(City
Manager requests tabling to March 5, 2007)
Motion
Commissioner McCray moved to remove Item XII.B. from the table. Commissioner McKoy
seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to table Item XII.B. to March 5, 2007 Commissioner Weiland
seconded the motion. The motion passed unanimously.
22
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-005 RE: Amending
the Land Development Regulations, Chapters 5, 6 & 7 to clarify that all
public and private development projects are subject to surety requirements.
Attorney Alexander read Proposed Ordinance No. 07-005 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-005. Commissioner McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
1. Proposed Resolution No. R07-029 Re: Appointing a
representative to The Greater Boynton Beach Sister Cities Committee, Inc.
Motion
Commissioner McCray moved to approve Proposed Resolution No. 07-029 appointing Vice Mayor
Rodriguez to The Greater Boynton Beach Sister Cities Committee, Inc. Commissioner McKoy
seconded the motion. The motion passed unanimously.
E. Other:
None.
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly adjourned
the meeting at 10:53 p.m.
23
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 13, 2007
m. p~
ATTEST:
24
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
306 SW 5th Avenue Jenkins Variance
Development
P&Z
Building
Engineering
Oce. License /
Deputy City Clerk\
APPLICANT'S AGENT: Steven and Anna Lloyd Jenkins
APPLICANT'S ADDRESS: 306 SW 5th Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request to allow zoning code variance approval for a solid-roofed
screen enclosure at thirteen (13) feet from the rear property line in lieu of the twenty (20) feet
required by code for a single-family building in the R-l-A zoning district.
LOCATION OF PROPERTY: 306 SW 5th Avenue, Boynton Beach
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 Applicajlt'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:
~- ICo- 07
City Clerk
S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Jenkins\ZNCV 07-001\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: 306 SW 5th Avenue, Jenkins
File number: ZNCV 07-001
Reference:
DEP ARTMENTS INCLUDE REJ t,C 1
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
306 SW 5th Ave/ZNCV 07-001
P 2
age
DEP ARTMENTS INCLUDE I<
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~ ~D
U I
th
S:\Plannmg\SHARED\WP\PROJECTS\306 SW 5 Avenue Vanance Jenkms\ZNCV 07-001\COA.doc
Exhibit "A" - 306 SW 5th Avenue
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EXHIBIT Hr."
Reply to Question A:
My neighbors to the East, South and West do not have a patio. My neighbor to the
North is across the street and I don't know if they have a patio. Our house was built
in the early nineteen seventies. At that time a permit was required to pour a
concrete foundation patio and granted; according to Boynton Beach records. Also,
the city of Boynton Beach was unable to Cmd the permit that was pulled for the
patio screen enclosure. I was told by the city of Boynton Beach that records after
fifteen years are not available.
Reply to Question B:
When Hurricane Francis came thru our area in 2004 large mango tree branches
crushed my patio. I contracted a licensed contractor to remove my destroyed patio
and rebuild a new one. I instructed the contractor to rebuild it to the same
dimensions as the old patio. I then insisted that they puD permits from the city of
Boynton Beach before they started this project. I was assured by this contractor that
they would have the permit prior to starting the work. I'd like to note here that I
rented this property in 2000 and purchased it in 2002. The patio with the screened
enclosure was up in the year 2000. I did nothing to change it prior to Hurricane
Francis. The patio was an eyesore. It was old and had a pan roof. Had I known
that this patio did not have an original permit pulled for it when it was built, I never
would have bought the bouse. Had I not insisted that the repair work be done
under the proper code of Boynton Beach, I would not be having this problem now. I
am not the kind of person that does not do things by the book but in this case going
by the book has been a nightmare for my entire family.
Reply to Question C:
I don't think that the granting of my request of variance to the' building code of
Boynton Beach will give me any more privileges then any other homeowner in
Boynton Beach. This patio was here before any of the current residents in the
neighborhood moved into the area. My patio is in my backyard and cannot be seen
from the street or by my neighbors to the East, West or South.
Reply to Question D:
The issue here is that this patio was built before I rented this house in 2000. It was
built under the existing code of Boynton Beach at the time of construction; which
was in the mid to late 1970's. This was verified by the permit flied with Boynton
Beach. Due to the fact that Boynton Beach does not have records past 15 years we
do not know for sure exactly when the patio was covered. But we do know it was
before the year 2000.
As I stated before due to Hurricane Francis destroying this existing patio I
. contracted with J. White, a licensed contractor, to remove the damaged material
and rebuild a new one. Once again I want to reiterate that I insisted that J. White
obtain all the necessary permits prior to commencement; I wanted this done by the
book. I instructed my contractor that I wanted the new patio built to the same
dimensions as the old one. I was not made aware of the fact until one year later that
the permit had been denied.
I do not think that the granting of this exemption will in any way impede the
purpose of the building codes of Boynton Beach. As I said before the patio cannot
be seen from the street, it is in the backyard of my home and is completely fenced in
by a privacy fence. Since the year 2000 I have not received one complaint from my
neighbors on the old patio. This new patio, although built to the same dimensions as
the old one, is not an eyesore. It, in fact, improves the neighborhood.
I could have had the work done by an unlicensed handyman. The work could have
been completed and probably no one would have been the wiser. It is only because I
am the type of individual that follows the rules, regulations and laws that we are in
this situation today. If I had made changes to the size, shape and looks of the patio I
would expect to adhere to the code book to the letter; but I didn't change the size,
shape or looks. I kept it exactly the same.
Please don't instill undo hardship on me and my family by following the letter of the
law on this situation. My wife and I purchased this property because we loved
everything about it. We purchased in Boynton Beach because we believed it was a
great area to live and raise our children. One of the biggest reasons we fell in love
with this home was because of the patio; as we spend more of our time in the patio
than any other place else in the house excluding the bedrooms. So I ask you to
please, just once and only once, grant us this variance in the code book. To follow
the true spirit of the law instead of the letter of the law.
Response to Question E:
As I stated previously, I am pleading with the City of Boynton Beach to grant me
this variance so that I can keep my patio as is now stands.
Response to Question F:
Should the City of Boynton Beach respond to my request for variance in the true
spirit of the law it will in now way effect the safety, appearance or integrity of my
covered patio. The old patio was an eyesore to the neighborhood. It was old and
dilapidated. This new patio, built on the same ground and in the same dimensions,
has proven its safety and structural durability by withstanding the last hurricane of
2005. As I stated before because this patio is in the back of my house it is not visible
from any direction it will not have any effect on the value of the surrounding homes
in my neighborhood. However, if a perspective buyer of a neighboring home were
to come into my back yard this new patio would certainly have a positive effect on
home values.
Response to Question G:
My request for this variance has no effect on the requirements governing the lot
frontage. This variance request asks for allowing my patio roof line to extend just
five feet out, as the old patio did. This five foot extension in no way has any effect
on easement access. The property lot directly adjacent to this five foot roof line
extension is not for sale. This property is not for sale and consists of a one story
home. During the 6 years that I have lived here the five foot extension has never
caused a hardship on anyone attempting access to the easement. It also has never
caused a problem for my neighbor who lives adjacent to it.
AFFIDAVIT
The above mentioned conditions exist with respect to the acquisition of additional
property.
...~.:;t;t::" JOHN R. VIOLA
j:f'''I:t.'''f:.\ uv COMMISSION ~ 00 358755
~.~.~:f EXPIRES: ,!~Il!lary 29, 2009
'tll~,iif.Xr..~~" Bonded Thru Notery POOle UnderwrierS
\.L-~u~ +-0 'o.e. -+'^-'-
i\ (C , \ ~~ \ \-~,
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d O~~ '\(... ~.. Oc ~
306 S. W. 5tb Avenue
Boynton Beach, Fl. 33434-5552
Issue Pennit Final C.O.
Date ~. oontractor Architect CMner Valuation Fee Date ~. PuJ:pose
28/76 16621 l-t.1\.P. Builder. 1st Fed. V:270. 40.flfl 12/28/7 91170 Complete existin0 strllc
Save & r,n (Sinqle Family )
118/77 77-0937 Wallin Roof1ng Kellar 1200. 6.00 7/27/77 reroof (24)
12/77 77-1590 Owner Kel.ler 100. 8. 12/1/77 .l.ab
12/74 11106 International I v. Void Fam. Res.
/12/81 81-1336 Gutters Unlim ted Hotaling 120. 8. 6/22/8 gutter & downspout
~
9/
5
9
2/
6
h1dress: 30G S.W. 5th 1\venue
EXHIBIT "0
Use: ResMentia1
Legal: Mango Heiqhts
Blk.
Lt. 44
ZOne: Rl~
Microfilin:
S ~ 250.
E::LECrRICAL
Issue Penni. t 14'1 n)Ol 1 ..
Date No. Contractor <Mner Valuation Fee Date Purpose
...
Issue Permit k', n..
Date No. Contractor CMner Valuation Fee Date Purpose
PI1M3IOO
"I'
-
Issue Penni t Flnal ,
Date No. Contractor <MIler Valuation Fee Date Purpose
16052 Finch 6 Sons 1st Fed. S. 5/19/76 ~ewet' ronn. Fix 10
.--- -..
~fL.VO-L'V.L
~~~! UF BOYNTON BEACH
Global Location Inquiry - Building Permit Applications
1/25/05
08:43:15
'Property address
PCN . . . . . . .
306 SW 5TH AVE
08-43-45-28-39-000-0440
Type options, press Enter.
2=Application inq 3=Structure inq
Opt Appl Nbr
04 00005807
97 00004511
96 00000254
94 00001741
86 00005759
F3=Exit
Type
SE
BL
RR
RR
DW
F12=Cancel
Stat Date
PC 12/28/04
FI 9/17/97
AP 1/18/96
RJ 4/28/94
CL 6/13/86
4=Permit inq
5=Inspection inq
Tenan t Nbr /Name
REPLACE SCREEN ENCL
NEW GARAGE DOOR
20 SQUARES SHINGLES
SHINGLE TO SHINGLE
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Cortina at Boynton Village
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT:
Hovstone Properties Florida, LLC
APPLICANT'S AGENT:
Mr. Steve Liller with Hovstone Properties Florida, LLC
AGENT'S ADDRESS:
1275 Gateway Boulevard, Suite 101, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
February 13, 2007
TYPE OF RELIEF SOUGHT: One (1) year site plan time extension until September 20, 2007, for
458 fee-simple townhouse units on a 30.29-acre parcel in the SMU
Suburban Mixed-Use zoning district.
LOCATION OF PROPERTY: Northeast corner of Old Boynton Road and Congress Avenue, just
south of the SFWMD C-16 canal (see Location Map - Exhibit "A")
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 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:
~-lfo-07
Yn. K .
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village Cortina NWSP 05-001\S
012\DO.doc
EXHIBIT "e"
Conditions of Approval
Project name: Cortina at Boynton Village
File number: SPTE 06-012
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
-
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval. X
Cortina at Boynton Village / SPTE 06-012
Conditions of Approval
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
Comments:
To be determined
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~ t:::hM n
V'
S:\P\anning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center \\Boynton Village Cortina NWSP 05-00\\sPTE 06-012\COA.doc
Exhibit "A" - Cortina
Location Map
SMU - Suburban Mixed Use
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Boynton Town Center
Community Commercia
OLD BOYNTON
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EXH IBIT liB"
~--.;;..- -- ------------- ---~>,.TM
. .if;' T !OVnanianO'
'~ r~ 1--/ornes /'
-_ _ ______;___;_h___ _____m___________________________;.;;. - .
September 15, 2006
City of Boynton Beach
Planning and Zoning Division
Attn: Mike Rumpf
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
-" -------------------)
--rn-o ~ @ [~ [I \~J L:.. [i~!
III:
SEP I 8 2006 L:,;
Dear Mike:
PLANNING ANO
ZONING DEPl
Please accept this letter as a written request for a time extension to our approved site plan and
Development Order for Cortina. Our site plan expiration date is September 20, 2006 by which time a building
permit must be issued. K Hovnanian Homes (fka Town and Country Homes) will not have issued a building
permit by this date.
Based on the recent decline in the housing market, K Hovnanian Homes feels it is necessary to review and
rethink the product type approved at Cortina. In order to meet the needs of the current market, we have
worked together with the City to maintain our site plan layout and unit count of 458. We are, however, creating
a product mix to include live/work units, front load and rear load 3 story townhomes, and front load and rear
load 2 story townhomes. We feel the product mix will create variety in price and options to welcome a variety
of end users. The process of amending the site plan and revising the recorded plat is estimated to take up to
(6) six months therefore we are requesting a (1) one year time extension to allow for the necessary time to
revise and approve our site plan and plat.
Please note to date, all land development permits for infrastructure and construction have been obtained
with the exception of the Boynton Beach land development permit. This permit has been submitted to the
City and awaits the Parks and Recreation impact fee for approvaL In addition, the Cortina plat has been
approved and recorded. We have worked diligently to date to meet the required dates; however, the unexpected
change in the market has halted our progression.
We would like to offer in advance, our appreciation for your time and approval of the requested time
extension to Cortina. We look forward to continued success working with the City as we move forward.
~
Stephen B. Liller
Vice President of Land Development and
Acquisition
1275 GATEWAY BOULEVARD, SUITE 101, BOYNTON BEACH, FL 33426
TEL: (561) 364-3300 khov.com
DEVELOPMENi ORDER Of iHE Cli'/' COMMISSION Of iH
Cli'/' Of BOYNiON BEACH. fLORIDA
oe~.\opmen\
plot
uu\ld\nQ
f.ng\neer\nQ
Occ, L\cense
oepu\V C\t1 c\e'~
------:::::::;;;;-
PROJECT NAME:
APPLICANT'S AGENT:
APPUCANi'S ADDRESS: 10855 Canyon Bay Drive, Boynton Beach, FL 33437
DAiE OF HEARiNG RATIFICATION BEFORE CnY COMMISSION: February 13, 2007
iYPE OF REUEF SOUGHi: Request a one (1) year site plan time extension untii october IB,
2007 for construction of a 7,800 square foot day care center on a
0.839-acre parcel in the R-1-AAB zoning district.
The Learning place U
Scott and Cathy Freeland
LOCATION OF PROPER1Y:
8518 Lawrence Road (east side of Lawrence Road, approximately
1,100 feet north of Gateway Boulevard).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X iHIS MAlTER 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 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 substantiai 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
/GRANiED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediatelY upon issuance by the City Cierk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order,
7. Other
DATED: A -Ito -07
S:\Planning\SHARED\WP\PROJECTS\Learning Place II\SPTE 07_001\DO.doc
EXHIBIT "c"
Project name: The Leaming Place II
File number: SPTE 07-001
Reference:
S:;;onditions of Approval
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS_ General
COmments: None X
PUBLIC WORKS_ Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be suhject to all previous Conditions of X
Approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
2. Prior to the issuance of a building permit, provide a traffic analysis and notice X
of concurrency approval (Traffic Performance Standards Review) from Palm
Beach County Traffic Engineering.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined, ~ CJ..D
U I
S.\Plannmg\SHARED\WP\PROJECTS\Learnmg Place JI\SPTE\COA.doc
Exhibit "A" - The Learning Place
Location Map
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EXHIBIT "8
The Learning Place II
10855 Canyon Bay Dr.
Boynton Beach F1.33437
Dear City Commission,
We are requesting an extension on our conditional use approval
to finish the permit process .of our project The reason for the
delay was mostly due to securing financing which has been
completed through Wachovia bank. The landscape plan and the
irrigation plan have also been completed. We are intent on moving
forward with this project and would need an additional 12 months
to complete the permit process. Thank you for your cooperation
on this matter.
Sincerely,
Scott and Cathy Freeland
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
ace. License
Deputy City Clerk
PROJECT NAME: Fire Station #5
APPLICANT'S AGENT: David Stump -Engineering Division - City of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Community Design Plan Appeal for garage doors facing High Ridge
Road.
LOCATION OF PROPERTY: East side of High Ridge Road, South of Gateway Blvd.; Quantum Park
Lot 81
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 ApplicaDt'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
a -/fD-D7
DATED:
S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\CDPA\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Fire Station #5
File number: CDPA 07-001
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~ ~D
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NORTli AND WEST
EXTERIOR ElEVATIONS
CITY OF BOYNTON BEACH
FIRE RESCUE nATION lIS - roc
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BOYNTON BBAaI. PLORIDA
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BY
EXHIBIT "e"
. CH2MHILL
...,.
3001 PGA Boulevard, Suite 300
Palm Beach Gardens, FL 33410
(561) 904-7400 Tel
(561) 904-7401 Fax
December 11, 2006
City of Boynton Beach
Planning and Zoning Department
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Re: Boynton Beach Fire Rescue Station #5 / EOC
Community Design Plan Appeal (CDP A)
Response to TART Review Comment #98
To YVllom It May Concern:
It is necessary to orient the apparatus bay doors as proposed (facing the street) for this
facility due to its use and operations.
The "Fire Rescue Station/EOC" serves as an emergency response/emergency operations
facility and requires direct access to public/private streets in the shortest time period
possible (response time) for its emergency vehicles.
The proposed orientation of the apparatus bay doors provides the most efficient and
effective way for the emergency vehicles to operate during an emergency.
In an effort to mitigate the appearance of the overhead doors from the street, we have added
the following features:
· Protruding columns along the face of the apparatus bays to minimize the linear effects of
the doors and apparatus bay fac;ade.
· We have several color accents throughout the building fac;ade that will blend with the
doors which give it a consistent, yet enhanced, look.
· Additional landscaping materials, above and beyond requirements, were added to
either side of the apparatus bay drive to aid in the screening of the bay doors.
· Width of apparatus bay drive reduced at intersection with the street to minimize the
effects of the overall driveway.
Based on all of the above, we are requesting your acceptance of the proposed apparatus bay
doors' orientation.
City of Boynton Beach
Planning and Zoning Department
December 11, 2006
Page 2
Please feel free to contact me (561) 904-7503 if you have any questions.
Respectfully. yours,
CHfFlIlf ...6.;""............-.
-- ,.... "-
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Anderson W SlocoinlJe; AIA, NCARB
Projecf Mana er
I
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Copy: File
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT:
David Stump - Engineering Division of the City of Boynton
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
~~ar.h
PROJECT NAME:
Fire Station #5
APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for New Site Plan Approval for a Fire Station on a 4.47-acre
parcel in the Quantum Park PID.
LOCATION OF PROPERTY: East side of High Ridge Road, South of Gateway Blvd,; Quantum Park
Lot 81
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
~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:
OJ-ICe -07
S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\DO.doc
EXHIBIT "C"
Conditions of Approval
Project name: Fire Station #5
File number: NWSP 07-002
Reference: 2nd Review plans identified as a New Site Plan with a December 12,2006 Planning & Zoning date
stamp marking.
DEP ARTMENTS
PUBLIC WORKS- Solid Waste
Comments:
1.
Provide a minimum outside turning radius of 55 feet to allow turning
movements for Solid Waste (and Fire/Rescue.) Using AutoTurn (or
similar), show on the plans that the required turning movements are
provided. Particular attention should be given to the entryways/gates, and
the associated callboxes, etc., allow ingress and egress for Solid Waste and
Fire/Rescue.
PUBLIC WORKS - Forestry & Grounds
Comments:
2.
At time of permitting, submit plans that completely loop the irrigation 2 Y2-
inch mainline around the perimeter of the property.
PUBLIC WORKS- Traffic
INCLUDE
x
x
Comments:
3. Permits will be required from the Quantum Park POA for work within the X
High Ridge Road right-of-way.
UTILITIES
Comments:
4. Please provide a timeline that clearly illustrates when water and sewer X
services will be required to serve the proposed project. Your starting date
for the time line should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible.
5.
Palm Beach County Health Department permits will be required for the
water and sewer systems serving this project (CODE, Section 26-12).
6.
A building permit for this project shall not be issued until this Department
x
X
REhc 1
Conditions of Approval
2
DEPARTMENTS INCLUDE REJ t,Cl
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 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. At time of permitting provide written concurrence that Quantum Park will X
permit a tie-in of the on-site drainage to the Quantum Park master drainage
system.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
12, Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
I DEPARTMENTS I INCLUDE I REJECT I
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
14. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
15. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (psf) on the plans for the building design.
16. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
17. 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.
18. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building number/s must be
provided.--The - buitdingnumbers -must -be-the - same as - notedonuthe
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
19. 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.
20. Pursuant to approval by the City Commission and all other outside X
agencies, 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.
21. 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
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013)
B United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872)
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
22, Plant Schedule List Sheet L-SOl X
All shade and palm trees must be listed in the description as a minimum of
12'-14' height, 3" DBH (4.5' off the ground) not caliper, and Florida #1
(Florida Grades and Standards manual), The height of the trees may be
larger than 12' -14' to meet the 3" diameter requirement; or any grey wood
(GW.) specifications. [Environmental Regulations, Chapter 7.5, Article II,
Sec, 5,C.2.]
PLANNING AND ZONING
Comments:
I~he remainder of the site listed as "Future Development" will be required to X
. .co.ll .1. 1.'_ D. A A .
~u~
24. Site plan approval shall be contingent upon Commission approval of the X
CDP A.
25. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
26. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" Program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~ Arl
S:\Planning\SHARED\WP\PROJECTS\Fire Station #5\COA.doc U'
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MCD:)1991 LCNilIOOIII DDDllOO72
CITY OF BOYNTON BEACH
FIRE RESUE STATION'S - EOC
HIGH IJDGE ROAD
BOYNTON B8AQ1.1PI.OIIDA
NO. DA.TE
DSON
REVISION
CIiK
BY
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__~CIOClI.MIfTS; oautaLNC)ii=-~~~~~~~~n:.-~ClF OCttalttl.1.*4..lU..~~.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Citrus Park
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT:
Ross and Wendy Cooper
APPLICANT'S ADDRESS:
75 Citrus Park Lane Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval for Citrus Park PUD to
reduce the side yard setback for construction of pools from twelve (12) feet to four (4) feet and the
side yard setback for construction of screen roofed enclosures from twelve (12) feet to three (3) feet
for certain lots.
LOCATION OF PROPERTY: Citrus Park PUD
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
~-lfo-D7
S:\Planning\SHARED\WP\PROJECTS\Citrus Park\MPMD 07-001 More Pool Setbacks\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Citrus Park
File number: MPMD 07-001
Reference:
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
1. Lots 10-12, 17-21, 31-34, 57-59 and 65-67 are excluded as well as comer X
lots, which would retain the same 20-foot setback for pools and 18 for screen
roof screen enclosures.
2. The rear setback for pools shall be revised to revert back to an eight (8) foot X
rear setback for pools and six (6) foot rear setback for screen roof screen
enclosures.
3. No pool or screen structure shall be permitted to be constructed in any X
ent or landscape buffer.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~ ~
S:\Plannin \SHARED\WP\PROJECTS\Citrus Park\MPMD 07-001 More poUtbaC~\COA.dOC
g
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
'f:~"(\
...
1 in. = 276.9 feet
Citrus Park
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EXHIBIT "C"
A
~i'RIME
P'4.MENTGROUP
"t:lRllS7SERVkTCCIMfIIIrIfT
September 19, 2006
Mr. Ed Breese, Principal Planner
Planning and Zoning Division
City of Boynton Beach
100 E. Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425
RE: Setback Reduction
Bovnton Estates Homeowners Association
Dear Mr. Breese:
We the Homeowners Association of Boynton Estates hereby request to amend
pool setback restrictions from 12ft. to 4 ft. within the planned development for
all lots within the communities excluding lots:
10-12
17-21
31-34
57-59
65-67
This is for the purpose of building swimming pools, as was previously approved
for 32 lots in 2005.
Sincerely,
. ----_.-.>~
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Marilyn A. Bonora, LCAM
On behalf of the Board of Directors
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Polio Campero
Development
P&Z
Building
Engineering
Oce. License
Deputy City Clerk
APPLICANT'S AGENT: Oscar Tazoe, Kimley-Horn and Associates, Inc.
APPLICANT'S ADDRESS: 4431 Embarcadero Drive West Palm Beach, FL 34407
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for New Site Plan approval to construct a 3,289 square foot
drive-through restaurant and related site improvements on Outlot
#4 of the approved Boynton Town Center project.
LOCATION OF PROPERTY: East side of Congress Avenue approximately 820 feet north of Old
Boynton Road.
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
v" GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
DATED:
C!)-Ifo -07
S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Out Parcels\Pollo Campero\DO.doc
EXHIBIT "C"
Conditions of Approval
Project name: PolIo Campero
File number: NWSP 07-003
Reference: 2nd review plans identified as a New Site Plan with a December 19, 2006 Planning & Zoning date
k
stamp mar mg.
DEPARTMENTS INCLUDE REJt,c 1
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Palm Beach County Health Department permit revisions may be required X
for the 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.
2. 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.
3. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
4. A building permit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments: None X
,
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
POLICE
Comments: None X
ENGINEERING DIVISION
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. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
8. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
. . and the "Enl!ineerinI!Desbm Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
9. 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.
10. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that
are signed and sealed by a design professional registered in the state of
Florida shall be submitted for review at the time of permit application.
11. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
12. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S, 373.216.
I DEPARTMENTS I INCLUDE I REJECT I
13. 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)
14. 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.
15. 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
reVlew 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.
16. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The United States
Post Office, the City of Boynton Beach Fire Department, the City's GIS
Division, and the Palm Beach County Emergency 911 shall approve the
addressing plan.
A. Palm Beach County Planning, Zoning & Building Division, 100 Australian
, w eSI r , r lUllUd \ ~ean JU1-~.J.J-JV1.J) -----~--- -~... ..---- ------.- -----
"
B. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
17. The building plans shall be reviewed and approved by the Department of X
Business and Professional Regulation, Division of Hotels and Restaurants
prior to being submitted to the City of Boynton Beach Building division for
permit.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
Plant List Sheet LA-l
18. All shade and palm trees must be listed in the description as a minimum of X
12'-14' height, 3" DBH (4.5' off the ground). The height of the trees may
be larger than 12' -14' to meet the 3" diameter requirement; or any gray
wood (gw) specifications. [Environmental Regulations, Chapter 7.5, Article
II Sec. 5.C. 2.]
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
19. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
20. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
Staff recommends that the fee for this and all other outlots be combined and
the Master Developer create a more elaborate display in a more visible
location within the project, such as one of the roundabouts.
21. The size ofthe logo relative to the adjoining lettering on the sign may not X
exceed 20% of the sign. At the time of submission of permit plans, reduce
the size of the logo to comply.
22. 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 system), where possible.
23. Construction of this project may only proceed with the initiation of any X
necessary road improvements triggered by the number of external PM peak
hour trips noted in the Boynton Village & Town Center development order
and CRALLS approval.
24. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X
..;1 ,11 ' , I __Dl,,_ ' , I-,~~ I- .=. . " , . , ~_A
__ - ~. u_
. . ~ .
finaled, as well as all depicted sidewalks and roads.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~ ~J)
U.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park Lot 1- OPH Bank
, Develo\3ment
P&Z
Building
Enoln.erlllG
ace. \.Ieen"
Deputy City Clerk
APPLICANT'S AGENT: Jared Weiner, OPH Boynton Realty, L.C.
-
APPLICANT'S ADDRESS: 6400 N. Andrews Avenue, Suite 500 Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval to alter the existing
restaurant to a bank with a new drive-thru teller structure. The
applicant will enhance the exterior of the existing structure with
decorative moldings, stucco features, and new paint.
LOCATION OF PROPERTY: Lot 1, Quantum Park PID, 1485 Gateway Blvd.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations,
2. The Applicant
---------- --- ~ HAS--------
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
ARANTED 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: dJ -,to - 0 7
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07-001 Bank Conversion\OPH Bank MSPM DO.doc
EXHIBIT ftC"~
Conditions of Approval
Project name: OPH Bank
File number: MSPM 07-00 I
Reference: 2nd review plans identified as a Major Site Plan Modification with a December 19, 2006 Planning
d k
& ZOnIng ate stamp mar mg.
I DEPARTMENTS I INCLUDE I REJECT I
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 II, X
Section 5.H.) Reference City Standard Drawing P-14 and Palm Beach
County standards for the sight triangles along Gateway Blvd.
PUBLIC WORKS- Traffic
Comments:
-
2. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineering.
3. On the Site and Civil plans, show and identify all necessary traffic control X
devices such as stop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc.
4. Reference City Standard Drawings "K" Series for striping details. X
5. Add a "No Right Turn" sign at the south end of the island separating the X
drive-through lanes from the through drive aisle.
UTILITIES
Comments:
6. Show water and sewer mains and services, with easements on the utility X
plans. In comparing the Landscape Plan (Sheet SP-1) with the PG&D Plan
(Sheet 1 of I) there appears to be a conflict between proposed landscaping
(Live Oak) and the position of the water and sewer services into the building.
Conditions of Approval
2
DEPARTMENTS
INCLUDE
7. 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)).
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
X
X
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
. UJ. Ul~"~ plan~ uUllng LIlt: 1 lY H."" """"
Team (TART) process does not ensure that additional comments may not be
generated by the Commission and at permit review.
10. Changes are being made to the site. An increase in the impervious area of X
800 square feet or more will require a professionally prepared drainage plan.
Please note the net change in impervious area on the plans. If there is a net
increase in the drainage changes may be required to the Master Drainage Plan
and SFWMD permit for Quantum Park.
11. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 may be required at the time of
permitting.
12. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
BUILDING DIVISION
Comments:
13. Please note that changes or revisions to these plans may generate additional X
REJECT
I DEP ARTMENTS I INCLUDE I REJECT II
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
14. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table
704.8. Submit calculations that clearly reflect the percentage of protected
and unprotected wall openings permitted per 2004 FBC, Table 704.8 or
2004 FBC, Residential, Section R302.2.
15. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
16. 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.
17. 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.
18. 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 }>a1l11I3each County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- -------'._------
233-5013)
B United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
19. The interior renovations shall comply with the 2004 FBC, Existing Building X
V olume, for Level 3 Alterations, and Chapter 8 for changes of occupancy.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
20. Boundarv Survey Existinl! Trees / Landscape Sheet SP-l X
The Landscape Architect should add a note that any of the existing trees / I
landscape materials that are not in a healthy condition must be replaced with new
vegetation at time of inspection. The Original Pancake House landscape plan I
should be reviewed to verify that all of the City approved landscape
improvements do exist on the site. All missing trees / landscape materials should
be replaced on the landscape plan. [Environmental Regulations, Chapter 7.5,
Article I Sec. 7.D.p. 2.]
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments:
21. If anyon-site directional signage is proposed, please provide proposed X
location, detail including size, materials and color, and proposed wording.
22. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007,
23. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1
1. To be determined. '1Lo-u.- ~L:)
U I
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\MSPM 07-001 Bank Conversion\COA.doc
Exhibit "A" - OPH Bank
Location Map
SMU
Suburban Mixed Use
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s
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I
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Banks in Quantum Park Lot 1
Development
P&Z
Building
Engineering
ace. License
Deputy City Clerk
APPLICANT'S AGENT: Jared Weiner, OPH Boynton Realty, L.C.
APPLICANT'S ADDRESS: 6400 N. Andrews Avenue, Suite 500 Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request use Approval for a Bank on Lot 1 in the Quantum Park PID
LOCATION OF PROPERTY: Lot 1, Quantum Park PID, 1485 Gateway Blvd,
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
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 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:
<fJ-ffe,-D7
.
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001\00 USAP 07-001 (OPH Bank).doc
EXHIBIT ftC"~
Conditions of Approval
Project name: Quantum Park DRI Lot I
File number: USAP 07-001
Reference: Quantum Park DRI Use List Revision Request for a Bank (Lot 1)
I DEPARTMENTS I INCLUDE I REJECT !
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE --
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALlST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined. ~ c2-ntP
U I
S:\Planning\SHARED\WP\PROJECTS\Original Pancake House\USAP 07-001\COA.doc
Exhibit "A" - OPH Bank
Location Map
GATEWAY
SMU
Suburban Mixed Use
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I
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