Minutes 04-17-07
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, APRIL 17, 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
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Father Leonard Badia - St. Vincent Seminary
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
Mayor Taylor called the meeting to order at 6:31 p.m. and offered the invocation including a
moment of silence for the students at Virginia Tech University. Father Badia was unable to
attend due to a death in his family. Commissioner Ron Weiland led the Pledge of Allegiance to
the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner McKoy moved to approve the agenda. Commissioner McCray seconded the
motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Mayor Taylor announced Senator Mel Martinez's caseworkers would be holding community
office hours in Palm Beach County on Thursday, April 26th in Boynton Beach Commission
Chambers from 9 a.m. to 10 a.m. All citizens were invited to meet with the caseworkers
regarding any issues dealing with the federal government.
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Commissioner McCray thanked the staff of the Ezell Hester Community Center for all their hard
work for the Easter activities.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Holiday Parade route for December 1, 2007 Holiday Parade traveling
north in the southbound lane of Federal Hwy. from SE 12th Avenue to
East Ocean Ave. turning west on East Ocean Ave. and South on SE 4th
Street.
Kathy Biscuiti, Special Events Manager, noted the change in the route would bring the parade to
the tree lighting ceremony and concert area on Ocean Avenue.
B. Community and Special Events:
1. Oceanfront Concert on April 20, 2007 at Oceanfront Park featuring The
Totall Kontroll Band from 6 p.m. to 9 p.m. Admission is FREE. Food and
beverage vendors available.
Ms. Biscuiti announced the Oceanfront Concert series would be continuing on April 20th at
Oceanfront Park and invited everyone to attend the free event, bring their chairs and dance the
night away.
2. Great American Cleanup/Earth Day to be held on Saturday, April 21, 2007
from 8 a.m. to 12 p.m.
Mayor Taylor announced the Great American Cleanup Day and noted volunteers would be
appreciated and the event would be going on County wide.
Regenia Scott, Neighborhood Services Manager, noted 15 groups had already registered and
the station would be set up at NW 5th Avenue and Sea crest for all volunteers to report and
return at the conclusion for refreshments furnished by the Community Redevelopment Agency.
3. Youth in Government Day on May 3, 2007 giving local high school students
the opportunity to observe and participate in local government.
Ms. Scott commented Lake Worth Christian School, Boynton Beach High School, Santaluces and
Park Vista were invited to attend and all department heads had been invited. A welcome
reception and luncheon would be held for the students, their families and City officials. Mayor
Taylor noted a mock Commission meeting is held for the youth to participate and address
specific issues dealing with the City. Commissioner McCray noted Atlantic High School had not
been invited.
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Regular City Commission
Boynton Beach, FL
April 17, 2007
C. Presentations:
1. Proclamations
a. Arbor Day - April 26, 2007
Mayor Taylor read the Proclamation for Arbor Day and presented it to Wally Majors, Director of
Recreation & Parks.
b. Municipal Clerk's Week - April 29 - May 5, 2007
Mayor Taylor proclaimed the week of April 20 through May 5, 2007 as Municipal Clerk's Week
and presented the Proclamation to Janet M. Prainito, City Clerk.
c. Bishop Sylvester Banks, Sr. Day - April 22, 2007
Mayor Taylor read the Proclamation citing the many contributions of Bishop Sylvester Banks, Sr.
to the City of Boynton Beach. Pastor David Banks, from the Bible Church of God, accepted the
Proclamation on behalf of Bishop Sylvester Banks, Sr. and thanked the City for the recognition.
Commissioner McCray thanked staff for making the presentation possible.
2. Presentation announcing the Recreation and Parks Department's Senior
Center's receipt of national accreditation through NISC (National Institute
of Senior Centers) and certificates of appreciation given to the Senior
Center's accreditation committee, staff and volunteers.
Wally Majors, Recreation and Parks Director, gave an overview of the accreditation for the Senior
Center and thanked the volunteers and staff for their many years of work to make the
accreditation possible.
Steve Lulkin, Recreation Supervisor, recalled the Senior Center was opened in October 1999 and
to date, had registered over 1,050 seniors, serving 80 to 100 meals a day. The National Council
on Aging supplied the necessary information to apply for the accreditation indicating the center
meets its mission. Mr. Lulkin explained the process and noted only 130 centers are accredited
throughout the nation and only seven in the State of Florida. The City of Boynton Beach Senior
Center is the first in the South Florida area.
Mary DeGraffenreidt, Senior Recreation Manager, stressed without the vision of the Director of
Recreation and Parks to raise the standard of excellence for the entire department, the
accreditation would not have been possible. She also thanked the leadership team for their
support of the project.
Mayor Taylor presented a plaque to Steve Lulkin for his hard work and dedication to the Senior
Center and completion of the accreditation process. Certificates were handed out to the
Accreditation Committee members, Denise Chamberlin, Betty Thomas, Betty Duffy and in
memory of Lee Buffin. Staff members Judy Maaske, Anne Forster, Mark Rose and Mary
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Boynton Beach, FL
April 17, 2007
DeGraffenreidt were also commended for their efforts. Jean Young accepted a certificate of
appreciation for the 80 volunteers at the Senior Center.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3 minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
Herb Suss, 1711 Wood Fern Drive, expressed concern that a Commission meeting had been
held during Holy Week and hoped the Commission would consider the faiths of other people
when scheduling meetings. He further requested the Commission take a close look at the
negotiations with Intown and perhaps allow the market to evolve by itself before any action is
taken. Mr. Suss suggested the City of Boynton Beach move ahead with the water restrictions
and enforce them. Mr. Bressner indicated the City of Boynton Beach endorsed the restrictions
and was enforcing the restrictions. Mr. Suss requested a moratorium on any new housing
development, especially in light of the water situation.
Victor Norfus, 261 North Palm Drive, indicated 25 youth from Boynton Beach and youth
from other municipalities, would be attending an International Youth Leadership Conference in
Birmingham, Alabama to relive the dream of Martin Luther King and the participation of youth
in the movement. A summit would be held to discuss youth violence, teen pregnancy and gang
involvement. Direction on how to be leaders as teens would be the thrust of the summit
together with development of communication skills to empower the youth. Mr. Norfus
requested financial support from the City and the Commission. There would be people from the
islands attending and there would be a POD cast, so it could be seen through the internet in
other countries.
Lee Wische, 1302 SW 18th Street, spoke as Chair of the Planning and Development Board.
He referred to the previous meeting and the Mayor's objection to his re-appointment that he
wished to clarify. He wanted it understood he did not intimidate the Planning and Development
Board into voting for the car wash or lobby the Commission for the car wash. Mr. Wische
reviewed the process for any applicant and contended the criteria had been met by the car
wash applicant. He thanked the Commission for supporting his re-appointment and vowed he
would continue to work hard for the City of Boynton Beach.
Guarn Sims, 3021 S. Seacrest Blvd., addressed the Commission as a citizen, as a CRA
board member but not speaking for the board and third, as the principal of Galaxy Elementary
School. As a citizen, he was glad the Cherry Hill project would be discussed. He hoped the
citizens of the area would be treated with respect and given as much information as possible to
assure a smooth transition of their living situation. As a board member, Mr. Sims expressed
concern that two entities could not operate with the same philosophy, vision and mission. He
encouraged everyone to let go of their political agendas and do what is right for the City of
Boynton Beach. Third, as Principal of Galaxy Elementary School, he thanked the Mayor for his
contribution to the upcoming carnival.
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Boynton Beach, FL
April 17, 2007
Nancy Chandler, 914 NE 7th Street, felt progress was being made on the issues of
redevelopment and workforce housing. She suggested that all studies be completed and by
then the market would afford workforce housing on its own. Weakening the zoning laws and
height and density requirements would be a mistake until all the studies are done.
Mayor Taylor mentioned the American Assembly implementation team and subcommittees had
been chosen; however, more participants are needed to involve a more broad spectrum of
residents.
Mayor Taylor closed the public audience.
v. ADMINISTRATIVE:
A. Accept the resignation of Robert Kane, an alternate member of the Golf Course
Advisory Committee.
Motion
Commissioner McCray moved to accept the resignation of Robert Kane as an alternate member of
the Golf Course Advisory Committee. Vice Mayor Rodriguez seconded the motion. The motion
passed unanimously.
B. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
I Weiland Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(2)
II McCray Bldg. Bd of Adj & Appeals Reg 33 mo term to 12/09 Tabled(2)
IV McKoy Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled (3)
III Rodriguez Bldg. Bd of Adj & Appeals Alt 9 mo term to 12/07 Tabled(2)
Mayor Taylor Cemetery Board Alt 9 mo term to 12/07 Tabled(2)
I Weiland Code Compliance Board Alt 9 mo term to 12/07 Tabled(2)
III Rodriguez Community Relations Board Alt 9 mo term to 12/07 Tabled(3)
II McCray Community Relations Board Alt 9 mo term to 12/07 Tabled(2)
I Weiland Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(2)
II McCray Education & Youth Advisory Board Reg 21 mo term to 12/08 Tabled(2)
III Rodriguez Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled(2)
IV McKoy Education & Youth Advisory Board Alt 9 mo term to 12/07 Tabled(2)
IV McKoy Education & Youth Advisory Board Stu 9 mo term to 12/07 Tabled(2)
Mayor Taylor Education & Youth Advisory Board Stu NfV 9 mo term to 12/07 Tabled(2)
II McCray Library Board Alt 9 mo term to 12/07 Tabled(2)
I Weiland Library Board Alt 9 mo term to 12/07 Tabled(3)
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April 17, 2007
III
II
Rodriguez
McCray
Planning & Development Board
Planning & Development Board
Reg
Alt
21 mo term to 12/08 Tabled(2)
9 mo term to 12/07 Tabled(2)
Motion
Vice Mayor Rodriguez appointed Jeff Lis as Regular member of the Planning and Development
Board. Commissioner McCray seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray appointed Sharon Grcevic as an Alternate on the Planning and Development
Board. Commissioner McKoy seconded the motion. The motion passed unanimously.
II McCray Recreation & Parks Board Reg 3 yr term to 4/08 Tabled(2)
IV McKoy Recreation & Parks Board Alt 9 mo term to 12/07 Tabled(2)
IV McKoy Senior Advisory Board Alt 9 mo term to 12/07 Tabled(2)
Mayor Taylor Senior Advisory Board Alt 9 mo term to 12/07 Tabled(2)
Motion
Commissioner McKoy appointed Robert James as an Alternate* to the Senior Advisory Board.
Commissioner McCray seconded the motion. The motion passed unanimously.
(*NOTE: Robert James is currently a Regular Member of the Senior Advisory Board with his
term expiring in December 2007.)
IV McKoy
Mayor Taylor
I Weiland
Veterans Advisory Commission
Veterans Advisory Commission
Veterans Advisory Commission
Alt
Alt
Alt
9 mo term to 12/07 Tabled(2)
9 mo term to 12/07 Tabled(2)
9 mo term to 12/07 Tabled(2)
Mayor Taylor and Commissioner Weiland requested all their appointments be tabled.
Vice Mayor Rodriguez, Commissioners McCray and McKoy requested all of their appointments
with the exception of those nominations made, be tabled also.
Commissioner McCray requested information on the procedure for removing a member of the
Code Compliance Board for an ethical violation. Attorney Cherof advised the Commission would
have to agree a violation of conduct had occurred. A notice of removal would be required to be
sent to the individual and the board member given an opportunity to rebut the accusations.
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
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April 17, 2007
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Agenda Preview Conference - March 30, 2007
2. Regular City Commission - April 3, 2007
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2006-2007 Adopted Budget.
1. Multi-award Bid #036-1412-07/0D, "ANNUAL SUPPLY OF BRASS
FITTINGS AND ACCESSORIES" on an overall basis to the lowest, most
responsive, responsible bidder who meets all specifications providing
domestic merchandise and can provide commodity in a timely fashion to
the warehouse for an estimated expenditure of $40,000.
2. Approve the contract to Grucci Fireworks of Brookhaven, New York to
display our "ANNUAL JULY 4th FIREWORKS DISPLAY" in the amount of
$40,000 to include the barge. (Proposed Resolution No. R07-041)
C. Resolutions
1. Proposed Resolution No. R07-042 RE: Approving and
authorizing execution of a cooperative agreement between the City of
Boynton Beach and the Palm Beach County School Board for the mutual
use of City Recreation and South Tech Academy facilities.
2. Proposed Resolution No. R07-043 RE: Approving and
authorizing execution of a property agreement between the City of
Boynton Beach, Boynton Beach Property Partners and St. Mark Catholic
Church to provide a mechanism to state the developer's intentions and
the City's agreement to abandon.
3. Proposed Resolution No. R07-044 RE: Approving and
adopting the Recreation and Parks Department Strategic Plan.
4. Proposed Resolution No. R07-045 RE: Approving and
authorizing execution of an Animal Service Agreement between the City
of Boynton Beach and Palm Beach County Animal Care and Control
Division, for the reimbursement of certain costs associated with animal
care and control services.
5. Proposed Resolution No. R07-046 RE: Approving the
revision of the procedures governing expenditures of Community
Investment Funds; rescinding conflicting provision of previous resolutions
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Boynton Beach, FL
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and policies governing the procedure for expenditures of Community
Investment Funds.
Commissioner McCray requested Item Vr.C.S be pulled for discussion.
D. Approve the "ESTATES AT HERITAGE CLUB, PUD, REPLAT NO.1" Record Plat,
conditioned on the approval being the certification of the plat documents by H.
David Kelley, Jr., (City Engineer and Surveyor and Mapper).
E. Approve the purchase of combined insurance policies for petroleum storage tanks
and environmental impairment liability for three-year period at guaranteed
premium of $39,612.20 total for three years.
F. Authorize the use of $2,000 for Boynton Beach Regional Symphony Orchestra
from Mayor Taylor's Community Investment Funds.
G. Authorize the use of $1,500 for Boynton Beach Head Start Program from Mayor
Taylor's Community Investment Funds.
H. Authorize the use of $1,000 for the Jayne E. Miller Nursing Scholarship Fund from
Mayor Taylor's Community Investment Funds.
Motion
Commissioner McCray moved to approve the Consent Agenda with the exception of Item
Vr.C.S. Commissioner Weiland seconded the motion. The motion passed unanimously.
vr.C.S.
Proposed Resolution No. R07-046 RE: Approving the
revision of the procedures governing expenditures of Community Investment
Funds; rescinding conflicting provision of previous resolutions and policies
governing the procedure for expenditures of Community Investment Funds.
Motion
Commissioner McCray moved to table Item Vr.C.S upon the request of the City Manager to
obtain more information. Commissioner McKoy seconded the motion. The motion passed
unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Accept the Settlement Agreement between the City of Boynton Beach and iStar
Bowling Center for the recovery of staff's administrative costs and attorney's fees
of $3,200 associated with Code Compliance Cases 98-2593 & 05-2118.
(Proposed Resolution No. R07-047)
Motion
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Regular City Commission
Boynton Beach, FL April 17, 2007
Commissioner McCray moved to approve Proposed Resolution No. R07-047. Vice Mayor
Rodriguez seconded the motion. The motion passed unanimously.
Mayor Taylor requested the facility at 303 S. Congress be investigated for possible Code
violations regarding uprooted trees, tall weeds and general clean up of the area.
Scott Blasie, Code Compliance Administrator, reported the building was slated for demolition;
however, the property is in Federal court and the owners have been prohibited from doing
anything with the building itself. A private contractor had been hired to clean up the perimeter
of the building. The violations mentioned would be investigated and a report submitted.
Mayor Taylor also asked that the Rufus Rib business that has set up on Federal Highway be
investigated for possible violations.
Commissioner McKoy noted there were several sprinkler heads that were either City or County
owned that were malfunctioning and should be better maintained. Mr. Bressner advised, if
Code could be advised of the locations, a determination of ownership could be made to remedy
the situation as quickly as possible.
Mr. Blasie noted the water restrictions were being enforced and reports made to the South
Florida Water Management District as requested. Citations were being issued daily. No
warnings are being issued at this point, just automatic citations.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on any of the items for
Public Hearing. He also reviewed the procedure to be followed.
Commissioner McCray declared he had not been contacted by anyone regarding the matters to be
heard.
A.
Project:
Agent:
Owners:
Location:
Descri ption:
Sausalito Groves (MPMD 07-003)
Sausalito Place Homeowners Association, Inc.
Sausalito Place Homeowners Association, Inc.
North side of Gateway Boulevard, just west of Lawrence Road
Request for Master Plan Modification for reduction in the rear yard
setback for Lake lots from fifteen (15) feet to ten (10) feet, and
reduction in the rear yard setback for right-of-way lots from
twenty-five (25) feet to fifteen (15) feet.
Ed Breese, Principal Planner, reviewed the request and noted none of the lots involved were
adjacent to other residences. Staff recommended approval of the request.
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April 17, 2007
Mayor Taylor opened the issue for public hearing.
Robert Brown, 701 S. Seacrest, pointed out the setbacks had been reduced along the
Federal Highway Corridor and felt the setbacks should be reduced throughout the City to be
consistent.
Mayor Taylor closed the public hearing. No one else came forward.
John Edson, 142 Sausolito Drive, indicated the homeowners agreed with all the conditions
of approval. He advised the homeowner's association had given permission for the homeowners
to seek the remedy requested.
Motion
Commissioner McCray moved to approve Item VIlLA. Commissioner McKoy seconded the
motion. The motion passed unanimously.
B.
Project:
Agent:
Owners:
Location:
Description:
Knollwood PUD (MPMD 07-004)
Julian Bryan, Julian Bryan and Associates, Inc.
DRHI, Inc.
West side of Lawrence Road, immediately south of the LWDD L-20
Canal and approximately one (1) mile south of Hypoluxo Road.
Request for master plan modification for reduction in the rear yard
setbacks for screen roof enclosures on perimeter lots from fifteen
(15) feet to twelve (12) feet, the rear yard setback for pools for
perimeter lots from seventeen (17) feet to fourteen (14) feet and
to increase the proposed home choices by the addition of two (2)
more models.
Mr. Breese advised the home models requested would be single story homes that take a larger
footprint and a reduction in the setbacks were needed. Staff recommended approval of the
request.
Mayor Taylor opened the issue for public hearing.
Commissioner McKoy revealed he had some dialogue with the developer or his representative
on the Knollwood PUD.
Doris Pastl, Redding Road, owns an adjoining property, and indicated the developer had
removed all trees and built two story homes exclusively along the property line. The second
story windows look down into the backyards of her development. The strategically planted
palms for privacy are too tall and extend over the roof lines. She also complained the Florida
Power & Light lines had not been buried as promised. She requested the setbacks be kept at
17 feet with no modifications and kept at 15 feet for the screen enclosures. She felt their lives
and property had been compromised because of the lack of privacy.
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Regular City Commission
Boynton Beach, FL
April 17, 2007
Robert Brown, 701 S. Sea crest, admonished the Commission that the changes needed to be
uniform throughout the City and not change for each development. He suggested landscape
changes could alleviate the problem over time.
Mayor Taylor closed the public audience. No one else came forward.
Michael Weiner, Weiner & Associates, reminded the Commission there were over 90
conditions of approval for the PUD and landscaping was in accordance with the approved plans.
He stressed the request would add more single story homes rather than two story homes.
Julian Bryant, architect and agent, added the request would be for screen enclosures only
and would not involve any massing. The Areca hedge would eventually grow to meet the palms
and close the gap with passage of time. The additional landscaping was imposed at the public
hearing at the request of the residents.
Commissioner McCray commented the request was consistent with the PUD land development
regulations and Mr. Breese maintained the setbacks would be consistent with the adjoining
subdivision.
Motion
Commissioner McKoy moved to approve Item VIII.B. Commissioner McCray seconded the
motion. The motion passed 4-1. (Vice Mayor Rodriguez dissenting.)
Description:
Dr. Mote's Physical Therapy Facility (NWSP 07-004)
Jack Morgan, Morgan Properties Group, Inc.
Mote Properties, LLC
3111 West Boynton Beach Boulevard north side of Boynton Beach
Boulevard between the Bedding Barn on the east and Paz plaza
on the west.
Request for new site plan approval to allow construction of a
6,191 square foot medical office building and associated site
improvements on a 0.601 acre parcel in a C-3 zoning district.
c.
Project:
Agent:
Owners:
Location:
Mr. Breese indicated the request involved a 6,091 square foot, one-story office building. The
art feature would be a waterfall near the entrance. Staff recommended approval with the
elimination of Condition of Approval 25. The cross access to Paz Plaza had been withdrawn by
the owner of Paz Plaza.
Mayor Taylor opened the issue for public hearing. No one came forward.
Jack Morgan, agent, advised all the conditions of approval were acceptable including the
deletion of Condition of Approval 25.
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Regular City Commission
Boynton Beach, FL
April 17, 2007
Motion
Commissioner McCray moved for the approval of Item VIII.C. with the removal of Condition of
Approval 25. Commissioner Weiland seconded the motion. The motion passed unanimously.
Mr. Breese requested the application of Jerry's Cigar Lounge be reconsidered and Condition of
Approval two be eliminated for the same reason; the owner of Paz Plaza withdrew the request
for cross access.
Motion
Commissioner McCray moved to reconsider Jerry's Cigar Lounge with the removal of Condition
of Approval number two. Commissioner McKoy seconded the motion. The motion passed
unanimously.
D.
Project:
Agent:
Owners:
Location:
Descri ption:
Southern Dance Theatre (SPTE 07-004)
Penni A. Greenly, Managing Member
Southern Dance Theatre, Inc.
1203 Knuth Road
Request for a one (1) year site plan time extension approval
(NWSP 06-001) granted on March 21, 2006, from March 21, 2007
to March 21, 2008.
Mr. Breese related to a site plan extension. The site plan approvals have been submitted for
permit purposes and staff recommended approval of the request.
Mayor Taylor opened the issue for public hearing.
Robert Brown, 701 S. Seacrest, indicated he was acquainted with the owner and she was
an invaluable role model for the youth. He recommended the request should be approved.
Mayor Taylor closed the public hearing. No one came forward.
Motion
Commissioner Weiland moved to approve Item VIII.D. Commissioner McCray seconded the
motion. The motion passed unanimously.
Mayor Taylor recessed the meeting at 7:55 p.m.
Mayor Taylor reconvened the meeting at 8:03 p.m.
IX. CITY MANAGER'S REPORT:
A. Status report on MLK discussions with Intown
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Regular City Commission
Boynton Beach, FL
April 17, 2007
Mr. Bressner reviewed the previous negotiations and advised a response from the developer
was needed. The request was for the amount of money needed from the City or CRA to
underwrite the cost of development based on 40 units to the acre.
Commissioner McCray inquired if the June 1th deadline was still valid and Mr. Bressner replied
the Commission had not responded to the request of the CRA for confirmation of a June 1th
deadline.
Barbara Rudd, a Principal of Intown Partners, thanked the Commission for the opportunity to be
present and introduced Kevin McCormack, the President and CFO of McCormack, Baron Salazar.
Ms. Rudd commended the City staff for supplying the necessary information and Lisa Bright for
her willingness to work with the developer.
A video was shown of the accomplishments and goals of McCormack, Baron & Salazar.
Commissioner McCray asked when the video was copyrighted and Ms. Rudd replied it was
developed in 2004. Commissioner McCray indicated he appreciated the information but there
were some negatives that were not divulged in the video.
Mr. McCormack addressed the Commission, and advised he was a banker on the finance side of
the group. The information provided was being digested and a firm set of proposals would be
forthcoming in the next three to four weeks.
Mayor Taylor discussed the status of the joint venture agreement. Mr. Bressner confirmed the
City had seen the agreement and Ms. Rudd confirmed the joint venture agreement between
Intown Partners had been provided.
Lisa Bright, CRA Executive Director, advised the agreement had been received and reviewed by
the CRA attorney who had presented it to the CRA board as a six month planning contract
rather than a joint venture partnership. Attorney Cherof indicated he had not reviewed the joint
venture agreement. Ms. Rudd assured the matter would be resolved and the documents would
be shared with all parties including the CRA attorney. Mr. Bressner concurred the agreement
submitted would be distributed to all parties.
Mayor Taylor inquired regarding the financial filings and Ms. Rudd advised the information was
given to Mr. Reardon and had been forwarded to Mr. Bressner. Further, Mayor Taylor advised
the County was also interested in being involved. He emphasized the agreement was between
the City, CRA and Intown and if the developer could obtain assistance from the County, the City
would not be involved in that process.
Mr. Bressner reiterated there would be one more negotiation session. The data had been
provided to the developer with a response required, and then one final, continuous negotiation
session would be held until there was either a deal or no deal. Additional meetings should not
be necessary.
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Boynton Beach, FL
April 17, 2007
Vice Mayor Rodriguez suggested the parameters of future expectations should be specifically
stated. Mr. Bressner outlined a response in the form of a revised pro forma, incorporating the
additional information provided to the developer, and a meeting needs to be scheduled to
negotiate a deal to be presented to the City Commission or not. It was agreed the final
presentation to the Commission would be made at the July 3rd City Commission meeting.
Commissioner McCray inquired how long Intown had been in the City negotiating for the Heart
of Boynton project. Ms. Rudd estimated four years.
Commissioner McCray also requested equal rights to ask questions when he felt it was
necessary to clarify any issue.
B. Update of the American Assembly
Carisse LeJeune, Assistant to the City Manager, gave a status update on the American Assembly
implementation process. She reviewed the process and efforts to date. The action items from
the initial meetings were divided among the various subcommittees. A reception to welcome
the subcommittees has been scheduled for instruction by the implementation team and the
reporting function to advise the City Commission.
C. Status Report on the Property Tax Legislation
Mr. Bressner reported the property tax issue was continuing to change. The last amendment
involved exclusion of adjusting any pension or public safety expenses. His opinion was the
Senate plan was better; however, both the Senate and House were missing the point of
addressing the property values issue. The Governor's office would be reviewing the suggestions
of the City of Boynton Beach. Mr. Bressner was unsure of the outcome at this point, including a
Constitutional issue that may need to be resolved. Mayor Taylor complimented Mr. Bressner for
offering alternatives to the legislature. Mr. Bressner did advise the City has $7.3M of state
mandates that are unfunded. There are also County and Federal mandates that are unfunded.
D. Update on Cherry Hill Development - Palm Beach County Housing Authority
Mr. Bressner had received information from the Housing Authority and the City could provide
facilitative services to the residents rather than monies. Assistance could be provided for the
housing needs of the tenants in the 38 units being demolished. All tenants do have Section 8
certificates. Meetings could be facilitated also. The cost would be approximately $5,000.
Commissioner McCray commented the residents of Cherry Hill have known this could happen
for some time and the City of Boynton Beach is not responsible for their plight. He was not in
favor of subsidizing any housing. Mr. Bressner contended assistance could begin to be offered
within the next week.
x. FUTURE AGENDA ITEMS:
A. Land Development Regulations Rewrites (May 1, 2007)
14
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
B. Capital Improvement Plan status report (May 1, 2007)
C. Water, Sewer and Stormwater Rate Study Report (May 1, 2007)
D. Revision of Fire Codes (May 15, 2007)
Commissioner McCray questioned if the dates listed were accurate. Mr. Bressner advised Item
X.C should be changed to May 15, 2007.
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 07-008 RE: Approving
lobbyist regulations providing for title, purpose, definitions, registration,
record of lobbying contacts, cone of silence, enforcement and penalties
and repeal of laws in conflict.
Attorney Cherof read Proposed Ordinance No. 07-008 by title only.
After discussion the following administrative changes were agreed upon:
· The specific advisory boards that would be affected should be specifically included.
· The definition of employees of the Commission would include the City Attorney, City
Manager and Assistant City Manager with the same requirements of disclosure.
. Individuals would be exempt from registration.
. An attorney for an applicant would be considered a lobbyist.
· The contact log would be maintained in the City Clerk's office either in writing or created
by the City Clerk on behalf of the lobbyist within 24 hours of the contact.
Motion
Commissioner McCray moved to adopt Proposed Ordinance No. 07-008 subject to the agreed
upon amendments. Commissioner McKoy seconded the motion.
Mayor Taylor opened the issue for public hearing.
15
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Robert Brown, 701 S. Sea crest, contended the matter should be tabled so the public could
be advised of the content. The Ordinance was the Commission's own Code of Conduct and the
citizens should be aware of the proposal.
Victor Norfus, 261 North Palm Drive, indicated it was more of a perception that the
Commission was being influenced and the public not being aware of it. The contents of the
ordinance would not be made public until after the matter had been passed which enables the
perception to continue. He agreed the matter should be tabled.
Mayor Taylor emphasized the ordinance would allow more disclosure of who was attempting to
influence the Commission or promoting items.
Herb Suss, 1711 Wood Fern Drive, agreed there should be more disclosure of the content
of the Ordinance. He also suggested the matter be tabled. It was a step in the right direction
to strengthen the Code of Ethics for the Commission.
Mr. Bressner added there were no substantive changes to the Ordinance. The changes were to
processes and procedures and made the guidelines more restrictive.
Mayor Taylor closed the public hearing.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
2. Proposed Ordinance No. 07-009 RE: Amending
Chapter 15 of the Code of Ordinances, "Offenses-Miscellaneous" to add a
new Article XII, Titled "Loitering".
Attorney Cherof read Proposed Ordinance No. 07-009 by title only. There were amendments
that had been made since the first reading resulting from consultation with other cities that
were anticipating adopting a similar ordinance.
Mayor Taylor reported a meeting with other mayors and legislative staff had gone well and a
regional approach was discussed. In May, a meeting with County prosecutors would be held to
coordinate efforts to control the gang violence.
Mayor Taylor opened the issue for public hearing.
Herb Suss, 1711 Wood Fern Drive, supported the Ordinance and commended the Mayor for
his efforts to curtail the violence in the area.
Robert Brown, 701 S. Seacrest, reiterated his concern that the public is not aware of the
changes being made until after the ordinance is passed. Mr. Brown felt the tone of the entire
ordinance should be reduced. He felt the use of the words sexual orientation should be
removed to avoid the reference to gay rights. He suggested civil rights violations may be at
16
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
stake also. Mr. Brown felt a sunset should be included also. Mr. Brown contended the
ordinance would empower the Police Department to arrest the homeless, alcoholics and
prostitutes within the City.
Louise DeCamara, President of Inlet Cove Association (INCA), reported the Inlet Cove
Association supported any measures taken to eliminate crime and make Boynton Beach a safer
place to live. She thanked the Commission for their proactive stance.
Mayor Taylor closed the public meeting.
Commissioner McKoy requested clarification on how loitering would be addressed at the Muvico
theaters when they open.
Chief Matt Immler did not feel the loitering ordinance would apply at places such as the mall or
Muvico. The trespass ordinance would apply in most instances and the individuals would be
asked to move along and if they refused, be cited for trespass and refusal to obey the lawful
commands of a police officer. The loitering ordinance could be used anywhere within the City.
The choice for an officer may be whether to proceed with local or state prosecution of the
charges. The purpose of the loitering ordinance is to punish criminal activity and not status.
Attorney Cherof noted there is a provision for restraint by the police officer and to make
reasonable inquiry if there is justification for alarm or concern. It does not give the police
unfettered rights to go out and use the tool.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-009 subject to the
amendments made by staff. Commissioner McKoy seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 07-010 RE: Amending
Section 18-181 of the Boynton Beach Code of Ordinances to expand the
Firefighter Pension Board's investment authority by permitting investment
in all authorized investments as permitted by Florida law.
Attorney Cherof read Proposed Ordinance No. 07-010 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 07-010. Vice Mayor
Rodriguez seconded the motion.
17
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
None
E. Other:
1. Proposed Resolution No. R07-048 RE: Approving and
authorizing execution of an agreement for Mitigation of Roadway
Improvements between the City of Boynton Beach, FL and Boynton
Industrial, LLC.
Attorney Cherof reviewed the location of the project, the ability of the property to be accessed
by vehicular traffic and the exploration of an alternative access way under the I-9S overpass
and up to Industrial Way. The developer had agreed to share in the cost of the roadway
improvements if they occur. The acquisition of the property must occur first. The agreement
formalizes the conditions of approval that the Commission expressed when the project was
approved. Attorney Cherof stressed there are specific commitments upon the City to build the
roadway at significant cost with a minor offset by the developer. It also provides the
development of the site would not be prohibited or delayed.
Attorney Cherof pointed out if the roadway was not undertaken, the project would proceed and
access would be through the neighborhood and the existing streets. It would occur by default.
Commissioner Weiland contended the City had to provide access to the property. The
agreement would attempt to redirect the traffic flow away from the neighborhood at a cost of
at least $750,000.
Jeff Livergood, Director of Public Works and Engineering, responded the developer's share
would be approximately $115,000. Staff was concerned that the City could be committed to
the roadway and the project not move forward. The developer would have the right to
construct their development whether or not the roadway is completed. The roadway would be
the responsibility of the City. Construction traffic would have to utilize the existing roadways.
Mayor Taylor's position was the estimated cost of $750,000 that included an amount to acquire
the home, could exceed $lM. Staff resources would have to be re-allocated and the CIP
budget would have to be revised. Not knowing the full impact of reallocating staff from other
projects, Mayor Taylor was not in favor of the agreement. He noted the existing roads always
handled truck traffic because businesses have continuously been present on the property.
Mayor Taylor also had a problem with taking anyone's home against their will. If legal action is
required for the home acquisition, further costs would be involved. Mayor Taylor supported the
alternative of having the developer make improvements to the Ocean Drive.
18
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Commissioner Weiland asked about the increase in traffic volume for the roadway and Mr.
Livergood advised the increase would be 600 to 800 vehicles a day with not all of those being
trucks. He added the traffic study revealed Ocean Drive could handle the increase and it was
not unreasonable. The estimated cost for the improvements would be $130,000 of which the
developer would pay $115,000. The $15,000 would be at the expense of the City for
improvements that should have been done anyway. Commissioner Weiland also expressed
concern with the proposal and mentioned the City could build the road and the truck traffic
could still not use it. He was very concerned about public safety.
Vice Mayor Rodriguez reminded the Commission of the significant outpouring of citizen concerns
and the numerous neighborhood meetings resulting in the alternative route being proposed.
Mayor Taylor indicated he had voted for the alternative route to show unanimity of the board,
but at that time, the changes in the CIP budget and projects were not known or mentioned.
Mr. Livergood explained there were no new monies found to fund the route, so it became a
capital project. Vice Mayor Rodriguez contended the process was just managing the budget.
Motion
Vice Mayor Rodriguez moved to approve Proposed Resolution No. 07-048. Commissioner
McKoy seconded the motion for discussion.
Commissioner McKoy clarified that other projects may be delayed or reallocated to fund this
project. Mr. Livergood responded the dollars are allocated, but other projects had to be moved
and the five year CIP budget reconfigured to accommodate the amount. Commissioner McKoy
wanted to see the figures that were reallocated and projects that were planned.
Mr. Bressner added the routes had been discussed extensively. There was no perfect option.
Attorney Cherof requested the motion be amended to include Mr. Livergood's staff comments.
Michael Marshall, agent for the applicant, understood the City's concern; however, the
agreement did not obligate the City to finish the northern access road. The agreement
acknowledged that is a decision the Commission has to make; in the meantime the developer is
allowed to proceed with the permitting process regardless of the road issue. The $115,000
from the developer will go to either access route. The agreement in no way commits the City
to the northern access route.
Attorney Cherof confirmed the City had the option to build or not to build the northern access
route based on the circumstances as the project proceeds.
Mr. Bressner suggested the CIP discussions hone in on this project, so a decision can be made
and if approved, the land acquisition process can proceed. Once permits are issued and
construction starts, the City should be prepared to move forward with the land acquisition, if
the Commission approves.
19
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
Attorney Cherof advised the matter would come back before the Commission for approval of the
contract to purchase the property. Alternatively, if an agreement could not be reached, the
item would return to the Commission for a resolution of public necessity to initiate an eminent
domain proceeding. Mr. Livergood advised there would be consultants and engineers that
would have to be hired and contracts approved by the Commission.
Motion
Vice Mayor Rodriguez moved to approve the resolution with the inclusion of Mr. Livergood's
comments. Commissioner McKoy seconded the motion.
Herb Suss, 1711 Wood Fern Drive, agreed homes should not be taken away and it would
set a precedent for other communities to request the same type of relief. Also, the cost is
extensive in light of the budget constraints.
Victor Norfus, 261 North Palm Drive, questioned if a southern route existed. It was
explained there was not a southern route; only Ocean Drive or the proposed northern route.
Vice Mayor Rodriguez clarified his motion included Mr. Livergood's remarks but did not include
the CIP reconfiguration because that could be reviewed at those meetings.
Attorney Cherof reiterated the vote was to approve the agreement containing the details of the
acquisition and construction of the northern access road and the developer's obligation to pay a
proportionate share of the cost.
Vote
The motion failed 2-3. (Mayor Taylor and Commissioners Weiland and McCray dissenting.)
Attorney Cherof explained the plan was previously approved with conditions regarding alternate
access. The enforcement of the development order would continue to be pursued.
Mr. Bressner added post occupancy traffic would utilize the existing street network. The
alternative access route was terminated.
XIII. UNFINISHED BUSINESS:
None
IX. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 10:01 p.m.
20
Minutes
Regular City Commission
Boynton Beach, FL
April 17, 2007
ATTEST:
(]~~
dith A. Pyle '
~puty City Clerk
04/20/07
2\
'.--//
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Ocean Breeze West
Development
P&Z
Building
Engineering
Occ. License
De,." Clty Cl.rk
APPLICANT'S AGENT: Mr. Bradley Miller, AICP / Miller Land Planning Consultants, Inc.
APPLICANT'S ADDRESS: 114 North Federal Highway, #202 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2007
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension from January 3, 2007
until January 3, 2008, for 37 proposed townhouses on a 3.44 acre
parcel in the R-3 zoning district.
LOCATION OF PROPERTY: Southwest corner of Northwest 8th Avenue and Seacrest Boulevard,
located approximately 1,700 feet north of Boynton Beach Boulevard
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:
tf-!,?{)..- [) 7
J:\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop. Order Form-2001-Revised.doc
EXHIBIT "C"
Conditions of Approval
Project name: Ocean Breeze West
File number: SPTE 07-002
Reference:
DEP ARTMENTS 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/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
Conditions of Approval
Ocean Breeze West
SPTE 07-002
Page 2
DEPARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
ADDITIONAL COMMUNITY REDEVELOPMENT
AGENCY BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
. ~
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\SPTE\COA.doc
Exhibit "A" - Ocean Breeze West
Location Map
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EXHIBIT "B'
MILLER
LAND
PLANNING
CONSULTANTS, INC.
298 PINEAPPLE GROVE WAY
DElRA Y BEACH. FLORIDA 33444
PHONE. 561/272~82
FAX . 561/272-1042
EMAll/WEB.mlpc@mlpcinc.com
www.mmer1ondplonning.com
December 7,2006
Ed Breese
CITY OF BOYNTON BEACH
PLANNING AND ZONING DEPT.
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
. ........~..", I I
:: i
" 0 -i i
FJL ' EC 72006 ! Liij i
b: 11
:..- " _"r, .., ---l
' rIM'it/li"') ,.i'.,D
~Q!iII~G DU)TJ
RE: Ocean Breeze West - nme Extension
Dear Ed:
Please consider this request for a time extension of one year on Ocean Breeze West. This
project was approved by the City Commission on January 3, 2006. Since then we have applied
and received some land development permits. The CRA wanted to redesign or buy this project
so the remaining permits were put on hold. All of this along with the owner, Lany Rnkelstein's
almost fatal accident at the end of March have caused this project to be delayed.
I have attached a chronology of what has transpired since being approved along with a
check made payable to the City of Boynton Beach for $500 and request that this time
extension be granted.
Thanks for your cooperation.
Sincerely,
CLER LAND PLANN NG CONSULTANTS. INC.
Christi Tuttle
cc: Larry Rnkelstein
M:\M L P C\PROJECTS\Ocean Breeze West\E. Breese time extension 120706.wpd
CHRONOLOGY FOR OCEAN BREEZE WEST
3/05 Meetings with the Mayor, CRA Director, City Manager and Development Director
to inform them that I am looking to buy the old Boynton Terrace property and will need
their help in order to build an affordable for sale project for that community.
3/05 - 9/05 multiple meetings with City and CRA staff
9-05 bought property
12-05 Phase I site plan, DIFA and lien waiver approved
12-05 City places lien on property
1-06 Phase I site plan approved by commission
2-06 DIFA and Lien Waiver signed
2-06 Bank loan negotiations begin
2-06 Soft bidding begins
2-06 Letter to CRA, project numbers don't work; need assistance to do the project the
CRA wanted.
3-31-06 near fatal accident, in hospital for 2 months, then wheelchair, now in physical
therapy, walking again and back at office two days a week
4-20-06 Bank Term Sheet signed
5-05 Land Development construction plans final and submitted to City and various
agenCIes.
5-05 Land development Permits applied for
6-13-06 Bank Commitment Letter signed
6-06 - Land development final construction docs started
7 -06 - Land development final construction plans finalized and permit applications
started
7/8-06 - Some land development permits received
8-06 - Remaining permits for land development needed responses. Responses halted as
negotiations continued with CRA to redesign the project or sell the land to the CRA
9-12-06 received copy of agenda item that was voted on.
9-14-06 met with Vivian & Robert to discuss the Agenda jtem.
9-18-06 sent the CRA an outline based on their offer and clarifying details
9-26-06 Spoke to Lisa Bright, requested a revised contract based on the revised DIF A
terms to review before the meeting as agreed. Lisa Bright wanted to wait until she spoke
to all Board members as it seems the purchase is the preferred option.
9-29-06 "All roads are leading to purchase" 1b (Lisa Bright) - so we must assume that no
revised DIFA or Developer's Agreement will be forthcoming
10-15-06 Lisa Bright says appraisal not high enough
10-25-06 CRA meeting - decided to go out for review appraisal, but no real timeline set.
10-06 Lisa Bright calls and says the review appraisal will not be done in time for the
November meeting and therefore it will not be on the agenda, so I should move on with
any plans I may have.
11-06 Since no offer to purchase the property was ever received and there has been no
further communications of any substance since the October meeting, the Developer must
move forward as the carrying costs during this wait for the CRA decision have been
significant.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Sausalito Groves P.U.D.
PQvtlopment
P&Z
Building
Englntlrlng
Occ. L1cen"
Deputy City CI.R
APPLICANT'S AGENT: Sausalito Place Homeowners Association, Inc.
APPLICANT'S ADDRESS: 200 Sausalito Circle, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification of the Sausalito Groves P.U.D. to
reduce the rear yard setback of Lake lots from fifteen (15) feet to ten
(10) feet and to reduce the rear yard setback for Right-of-Way lots from
twenty five (25) feet to fifteen (15) feet.
LOCATION OF PROPERTY: North side of Gateway Boulevard, just west of Lawrence 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
,./'" HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
;./" GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
. 6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
t/-~O-07
~~ '-IY). P~~/~i(;
City Clerk
S:\Planning\S HARED\WP\PROJECTS\Sausalilo Groves\MPMD 07 -003\DO .doc
EXHIBIT "D"
Conditions of Approval
Project name: Sausalito Groves P.D.D.
File number: MPMD 07-003
Reference:
I DEPARTMENTS 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/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. Any proposed home additions shall occur within each individual property X
owner's current property/lot lines, with absolutely no construction allowed to
encroach into Homeowner Association property, Lake Maintenance
Easements, Perimeter Landscape Buffers or Utility Easements.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. LfLmt~__ I I I
S :\Planning\SHARED\ WP\PROJECTS\Sausalito Groves\MPMD 07 -003\COA.doc
,f
...
1 in. = 429.3 feet
Sausalito P.U.D.
EXHIBIT A
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~_.d crr:v. OF BOYNTON BEACH, FLORIDA ,"
-'-----c--~ ~. SR'EDEVB.OPIIE,NT."~
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EXHIBIT "e"
Sausalito Place Homeowners' Association, Inc.
200 Sausalito Circle
Boynton Beach, Fl 33436
JAN 3 120m
i
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\
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1_----.oJO---
18 January 2007
Boynton Beach Zoning Board,
The Board of Directors of Sausalito Place petition the City of
Boynton Beach Zoning Board to amend the set back criteria in the
Sausalito Place community as follows:
Master Plan Modification for lots designated as Right of Way Lots,
reduce the rear set back from twenty five (25) feet to fifteen (15) feet. lots
designated as lake Lots, reduce the rear set back from Fifteen (15) feet to
ten (10) feet.
These amended criteria will apply to the construction of house
additions and lor screened enclosures with hard roofs. Further, prior to a
permit being granted by the City of Boynton Beach the Sausalito Place
Architectural Committee must first approve any such modification to any
structure in the community. The decision of the Sausalito Place
Homeowners' Association will be final.
S)'?'e~ely, __ _ J/' .d
~~~
President
Sausalito Place Homeowners' Association, Inc.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
~ Dev.lopment .
paz
BUild".;
Englne.rlllS
OCt. L.lllln..
Deputy City Clert
PROJECT NAME:
Knollwood P. U.D.
APPLICANT'S AGENT: Julian Bryan and Associates, Inc.
APPLICANT'S ADDRESS: P.O. Box 810144 Boca Raton, FL 33481
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification of the Knollwood P.U.D. to reduce
the rear yard setback for perimeter lots from fifteen (15) feet to
twelve (12) feet for construction of screen-roof enclosures, reduce the
rear yard setback for pools from seventeen (17) feet to fourteen (14)
feet, and increase the proposed home choices by the addition of two
(2) more models.
LOCATION OF PROPERTY: 8053 Lawrence Rd
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:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Applicsmt
~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 APPI~t's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other
I / /J ~ ,..-, .7
7- 0'.(, -~ U
S:\Planning\SHARED\WP\PROJECTS\Knollwood Groves PUD\MPMD 07-004\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Knollwood P.U.D.
File number: MPMD 07-004
Reference:
DEPARTMENTS 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
FORESTERJENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~~
S:\Planning\SHARED\WP\PROJECTS\Knollwood Groves PUD\MPMD 07-004\COA.doc
It'~<
..
1 in. = 370.5 feet
Knollwood P.U.D.
EXHIBIT A
EXHIBIT B
,,' -,.-.
m~@~aw~@
FEB28m
PLANNING ANO -
ZONING DEPT
Julian Bryan & gllociatcu
February 27,2007
Mr. Ed Breese
Principal Planner
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Fla. 33425
KNOLLWOOD PUD - SITE PLAN AMENDMENT
Dear Mr. Breese,
In response to our recent conversations regarding the above referenced matter, attached are 12
copies of applications and site plans for the proposed revisions. The two proposed revisions are
as follows:
1. A three foot (3") setback reduction for pools and screen enclosures on perimeter lots. These
lots are 10' deeper than interior lots as they contain a 10' wide landscape easement along the
rear lot line. As proposed, screen enclosures would be 12' from the rear lot line and swimming
pools 14' from the rear lot line. These presently are 15' and 17' respectively.
2. The introduction of two new home models. Each will be one story, 3 bedroom, 2 bath with a
two car garage. One will have 1383 square feet of air conditioned living area and the other 1676
square feet. All exterior colors and building materials will be the same as the original models. Two
different elevations will be offered for each home.
Should you have any questions whatsoever, please feel free to call. Thank you again for your
assistance in this matter.
; Julian T. Bryan III
Principal
Cc: D.R. Horton Homes
C:\Oocuments and SeWngs\Owner\My Documents\KNOLL SP REV. TRANS. L TR.doc
Land Development Consultants. P.O. Box 810144 . Boca Raton, Florida 33481 . 561.391.7871
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PA.UI B.ll:ACB COUNTY YWIUDJ.
HOMES BY ARCHITECNIC INC.
750", WILES ROAD. SUITE 101.A PHONE: tg5<c1 155-0690
CORAL SPRINGS. FlORIOA 330&1 FAX, 19541 1$5.8801
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Occ. Llcen.e
Deputy City Clerk
PROJECT NAME:
Southern Dance Theatre
APPLICANT'S AGENT:
Penni A. Greenly, Managing Member of Southern Dance Theatre, Inc.
APPLICANT'S ADDRESS:
140 N. Congress Avenue, Suite 8B, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007
TYPE OF RELIEF SOUGHT:
Request a one (1) year site plan time extension until March 21, 2008,
for construction of 7,653 square feet of dance studio and 2,347
square feet of retail on a 0.92-acre parcel in the C-3 zoning district.
LOCATION OF PROPERTY:
1203 Knuth Road (east side of Knuth Road, approximately 500 feet
south of Old Boynton Road).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff
and the public finds as follows:
1. Application for the 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 "D" with notation "Included",
4.
The Applicfnt's application for relief is hereby
-L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
s.
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: 1-t-~O'~07
Y7l
City Clerk
S :\Planning\SHARED\WP\PROJECTS\SouthernDance Theatre\SPTE 07-004 \DO .doc
EXHIBIT "D"
CONDITIONS OF APPROVAL
Project name: Southern Dance Theatre
File number: SPTE 07-004
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
p
age 2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING AND DEVELOPMENT
BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. '1untJ:_
S :\Planning\SHARED\ WP\PROJECTS\Southem Dance Theatre\SPTE\COA.doc
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Exhibit 'fA" - 1203 Kn uth Rd Location Map ~~ hJ
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140 North Cmgre&!l Ave. #RB Boynttll Beach. FL. 33426 (561) 736-9097 Fax (561 )736-2360
Arti~ti~ Oimator: PQnni GWQnllj
February 28,2007
Michael W. Rumpf
Director of Planning & Zoning City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
~~DW~lQ)
FEB Z 8 2007
Re: Southern Dance Theatre, Inc.
Site Plan Extension Request
PLANNING AND
ZONING DEPT.
Dear Mike,
I have been diligently working to secure a building permit for the project know as the
"Southern Dance Theatre". However, it appears that I will not have secured a building permit prior to the
expiration ?f the site plan.
Pursuant to Chapter 4 Section 5 of the City of Boynton Beach Land Development Regulations, this letter is
our official request for an extension to the site plan for a period of one (1) year to allow me to secure
building permits for this project. The following is a list of accomplishments that I feel demonstrates my
"good faith" efforts:
Initial building application with all necessary data was submitted September 2006. Comments for revisions
from the city were forwarded to me in October 2006. .
In the past two months, January and February 2007, I have just received plans to cover the revisions asked
for by the architect, as well as the structural and mechanical.
I feel confident that I will have all of the needed plans and data addressing the review from September
ready for submission before the end of March 2007 at the latest.
Enclosed please fmd a check in the amount of Five Hundred and 00/100 ($500.00) Dollars made payable to
the City of Boynton Beach. Please advise me of all respective dates that this extension request will be
heard and before which Boards.
If you have any additional questions regarding the extension request, please contact me at the number
above. Thank you very much for your assistance in this matter.
Penni A. .Greenly
Owner
.-7
~:~
~/'li'"7/td/
Encl: As noted
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Seaview Park Club
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT: Ms. Lorie Moccia - Lennar Homes
APPLICANT'S ADDRESS: 8136 Okeechobee Blvd. Suite A Palm Beach, FL 33415
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2007
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
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:
1-:..~D '- 0-'
{AiLv" . ,
(
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\Seaview Park Club DO.doc
Exhibit nAn - Seaview Park Club
Location Map
I-
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Single-family
Resibeliii~1
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280 140
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280
560
840
N
1.120+
I F"eet .. E
5
February 14, 2007
EXHIBIT B
Michael W. Rumpf
Director of Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
FEB I 5 2007
PLp\!',ii"!ll\!(; .~:;\1[)
zormic D~P1
Re: Seaview Park Club - Request for Extension of Site Plan Approval
Dear Mike,
As you are aware, site plan approval for the above project was granted by the City
Commission on February 15, 2005, and an extension to the site plan was granted on
March 21, 2006. Lennar Homes, LLC. has been diligently working on the land
development and construction of this community. Despite our best efforts, however, it
appears that we will not have secured a foundation building permit from the City of
Boynton Beach prior to the expiration of our site plan approval.
We are therefore requesting an extension to our current site plan approval for a period
of one year to allow us to complete the building permit application process.
In support of this request for extension of site plan approval, we would ask that you
consider the following accomplishments, since the last extension was granted which we
feel demonstrates our firm commitment to the successful development of the Seaview
Park Club Community:
· Demolition Permit received April 14, 2006.
· Demolition and Clearing has been completed of the old mobile home park.
· Land Development Permit received July 17, 2006.
· RII Permit received August 14, 2006
· Water and Sewer Permit received July 13, 2006.
· Paving and Drainage Permit received August 17, 2006.
· Water, Sewer and Drainage construction has been completed and is currently in
the testing and final approval stages with Boynton Beach Utilities and
Engineering.
· Site has been filled and graded to proposed elevations.
· Dry utility installation for FPL, Bell South and Comcast has begun.
· Privacy Wall near South property line installed.
· Bulk head Wall along Intracoastal installed.
· Retaining Wall along North property line under construction.
· Road construction scheduled to begin 2.26.07
· Minor modification of site plan to include docks approved July 24, 2006.
We respectfully request for this extension of the site plan approval be submitted for
inclusion in the next CRA agenda and the subsequent City Commission agenda. Lennar
Homes, LLC. will of course mail required notices to neighboring property owners and
8136 Okeechobee Blvd, Suite A, Palm Beach, FL 33415' Phone: 561-333-4700 . Fax: 561-228-5289
LENNAR.COM
G:r
--
post required signage in advance of the above meetings. Should you require any
additional information please do not hesitate to contact me directly at (561) 228.5316.
Your response to this matter would be greatly appreciated. Thank you once again for
your continued support.
Respectfully yours,
8136 Okeechobee Blvd. Suite A. Palm Beach, FL 33415' Phone: 561-333-4700' Fax: 561-228-5289
LENNAR.CDM
G:r
--
EXHIBIT "e"
Conditions of Approval
Project name: Seaview Park Club
File number: SPTE 07-003
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The time extension is subject to the original Conditions of Approval. X
Seaview Park Club SPTE 07-003
Conditions of Approval
P 2
age
DEPARTMENTS INCLUDE REJECT
2. Prior to issuance of a building permit, the applicant shall submit an updated
traffic concurrency letter from Palm Beach County. X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. 'iLo-ru..-
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 07\COA.doc