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Minutes 02-19-08 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 19, 2008 AT 6:30 P.M. PRESENT: Jerry Taylor, Mayor Jose Rodriquez, Vice Mayor Ron Weiland, Commissioner Woodrow Hay, Commissioner Marlene Ross, 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 William Stomski, St. Joseph's Episcopal Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:32 P.M. Father Stomski presented Master Dominic De Marsico who offered the invocation and was presented with a pin from the City of Boynton Beach. Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof recommended that Item IX. A. be moved from the agenda due to issues that had arisen including a legal interpretation. Motion Commissioner Hay moved to table Item IX. A. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Commissioner Ross seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 Commissioner Ross gave an overview of her recent trip to Washington D.C. with the Florida League of Cities where she met with U.S. representatives and senators. The issue of regionalization of transportation needs was discussed and her participation with the Metropolitan Planning Organization would assist in addressing the transportation issues. She also noted that the issue of green local governments was also highlighted in the discussions. Mayor Taylor thanked Commissioner Ross for taking time to attend the meetings. Commissioner Hay discussed the positive impact that the Watoto Children's Choir from Africa had on the youth in the area. The children were exchanging emails and ideas to understand each other and the different cultures. He commended those who participated in making the visit by the Choir possible and expressed hope that more programs of a similar nature could be explored and brought to the City of Boynton Beach. III. ANNOUNCEMENTS, COMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS A. Announcements: None B. Community and Special Events: 1. Boynton Beach Heritage Celebration Concert - February 23, 2008, on East Ocean Avenue between seacrest and NE 1st Street from 7 p.m. to 10 p.m. The FREE concert will feature The Commodores. Lisa Bright, CRA Executive Director, reviewed the events and activities that were offered during the Heritage Celebration culminating in the concert featuring The Commodores. She reported on the advertising and marketing that had been used to promote the event. C. Presentations: 1. Proclamations None 2. Presentation of the American Assembly Neighborhood Revitalization & Affordable Housing Subcommittee. Mark Karageorge, 240A Main Boulevard, Chair of the business development and retention subcommittee, thanked the other members of the subcommittee for their participation and introduced the committee members. He also thanked the committee's liaisons with the City staff, the City Manager and the Commission for supporting their efforts. Warren Timm, 130 NE 20th Avenue, a committee member, reported that business is important to Boynton Beach because it provides jobs and businesses cost the City one-third of what residential properties cost and brings revenue to the City. Small businesses seek communities 2 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 that are friendly to businesses and the cost is not excessive within the regulatory climate. He also noted there is only a small amount of industrial land available within the City. Mr. Karageorge discussed the need for an economic development director. He discussed the various options of the organizational dynamics and where the position could best be situated. The recommendation was the position should reside within the CRA organization. He stressed the position was not a "want", it was a need. For the first year, the position should entirely be funded by the CRA and then split equally between the City and CRA going forward. The economic development director would be responsible for attracting businesses to the area with emphasis on attracting the bioscience, health care and marine industries to the area. The committee also felt a single permanent attraction for downtown should be investigated for long- term planning. All efforts to beautify the City and make it safer should be encouraged and promoted. Vice Mayor Rodriguez commended the committee for their thorough presentation. He did question how the responsibilities of the economic development director position would differ from what is currently being done by the current marketing director and development director and the role of the Chamber of the Commerce to attract businesses. Mr. Karageroge responded the intent was to hire an aggressive candidate and be proactive in attracting industrial and commercial prospects. Commissioner Ross contended there were currently several individuals already on staff that were performing the same type of duties and quite well, with more cooperation and less turf battles. There was now a level of cooperation that had not existed in the past. Mayor Taylor thanked the entire subcommittee for offering their time and efforts to serve on the subcommittee and report their findings. The Commission would be considering all the recommendations. 3. Presentation by Gary Solomon representing the Sand Sifters for their "Be Green, Start Clean" campaign. Gary Solomon, President of Sand Sifters, gave a brief description of the organization and their goals and objectives. The organization now had over 200 volunteers to assist with cleaning a five mile stretch of beach on a quarterly basis. The "Be Green, Start Clean" campaign was created to reach out across Palm Beach County. It currently includes Gumbo Limbo Park, Friends of Jupiter Beach, Palm Beach County and sandaway House, Town of Ocean Ridge and City of Delray. Each group operates as a franchise and the Sand Sifters do the marketing and creative efforts to support their endeavors. Mr. Solomon invited everyone to join in the campaign that would kick off at Oceanfront Park March 18, 2008 with County Commissioner Mary McCarty present along with local media. The goal was to enlist 1,000 volunteers to clean up 10,000 pounds of garbage in a year. His group was working with the Recreation and Parks Department to clean up on seacrest and the natural scrub areas. 3 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 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> Sister Lorraine Ryan, 145 NE 4th Avenue, of the Women's Circle, urged the Commission to continue funding the community gardening projects. The program had been in existence since 2000 and had not only beautified the area, but also produced various vegetables to eat. It was an excellent opportunity to bring about community pride and positively affected over 300 people. Elizabeth Jenkins, 711 NW 1st Street, commented the gardens were productive and gave her something to do. She hoped the gardens would be allowed to grow. Another participant in the program addressed the Commission with her request to allow the gardens to remain. Nancy Chandler, 312 SW 5th Lane, commented on the CRA area being designated as a brownfield area. She understood the designation was to encourage development of contaminated areas and gave incentives to clean it up. It was also her understanding that property owners could opt out of the designation, and she wanted her property removed from the brownfield designation. Ms. Chandler desired to have more information regarding the designation and have open discussion with other homeowners in the area. Vice Mayor Rodriguez indicated he also lived within the designated area and had been assured by the CRA that there were no negative ramifications to the designation. Mayor Taylor explained in many instances owners are unaware that any problem exists and the designation makes the cleanup process easier. The Mayor assured everyone it was an educational process and it made available funding for a study to discover any problems that may exist. A balance would need to be achieved. Louisa DeCamara, 836 East Drive, agreed with Ms. Chandler's concerns and requested her property also be given the option to withdraw from the brownfield designation. Mayor Taylor felt it was simply an educational issue and assumptions were being made that were not justified. Incentives were needed to assist in cleanups for development to proceed. Valorie Shema, 3593 Gibbs Road, requested that all homeowners in the enclave areas again be notified by certified mail when, and if, any action would be taken in the future relating to annexing the enclaves. Mayor Taylor agreed notification to homeowners would be sent. No one else coming forward, Mayor Taylor closed the public audience. 4 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 V. ADMINISTRATIVE: A. Appointments: Appointment To Be Made Board Length of Term Expiration Date III Rodriguez Arts Commission Alt 1 yr term to 12/08 Tabled (2) Motion Vice Mayor Rodriguez moved to appoint Dana Cook as an alternate member of the Arts Commission. Commissioner Ross seconded the motion. The motion passed unanimously. IV Ross Arts Commission Alt 1 yr term to 12/08 Tabled (2) II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2) IIII Rodriguez Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (2) Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) I Weiland Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2) I Weiland Code Compliance Board Reg 3 yr term to 12/10 Tabled (2) II Hay Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Community Relations Board Alt 3 yr term to 12/10 Tabled (2) III Rodriguez Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (2) IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/08 Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 I Weiland Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Library Board Alt 1 yr term to 12/08 Tabled (2) II Hay Planning & Development Bd. Alt 1 yr term to 12/08 Motion Commissioner Hay moved to appoint Amber Barritt as an alternate member of the Planning and Development Board. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II Hay Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) Motion Commissioner Hay moved to table all other appointments. Commissioner Ross seconded the motion. The motion passed unanimously. 5 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 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. Retreat - February 1, 2008 2 Regular City Commission - February 5, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "TWO-YEAR BID FOR THE PURCHASE OF STREET SIGNS, NEW AND REPLACEMENT, SIGN ACCESSORIES AND PARTS", Bid #016- 1412-08/JA, to various vendors with an estimated two year expenditure of $85,000. C. Resolutions 1. Proposed Resolution No. R08-020 RE: Approving and authorizing execution of the Collective Bargaining Agreement between the City of Boynton Beach and the, SEJU Florida Public Services Union, CTW, CLC Blue collar Bargaining Unit. 2. Proposed Resolution No. R08-021 RE: Approving and authorizing execution of an Agreement with Palm Beach County Information Systems Services (Iss) and the Palm Beach County Property Appraiser (Appraiser) for the Assignment of Computer Data. 3. Proposed Resolution No. R08-022 RE: Approving and authorizing execution of an Interlocal Agreement for law enforcement services between Palm Beach County and the City of Boynton Beach/Boynton Beach Police Department for the administering of the Manatee Protection Conservation Program. 4. Proposed Resolution No. R08-023 RE: Approving and authorizing execution of a Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions on property located at 1950 S. Federal Highway for the purpose of installation of a traffic signal pole to provide emergency Fire Station #4 exiting onto S. Federal Highway. 6 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 5. Proposed Resolution No. R08-024 RE: Approving and authorizing execution of a contract between Boynton Beach CRA and the City of Boynton Beach for a live fire training burn of the buildings located at 103 NE 4th Avenue. 6. Proposed Resolution No. R08-025 RE: Approving the creation of a City Green Task Force to oversee the process of improving and sustaining the environmental needs of Boynton Beach, and to make recommendations to the City Commission regarding environmental sustainability . Commissioner Ross pulled Item VI.C.6 for discussion. 7. Proposed Resolution No. R08-026 RE: Approving and authorizing execution of an Agreement with ZGolf Food & Beverage, LLC, to provide an on-site review of the food and beverage operations at The Links at Boynton Beach. The cost of the review is $6,500. Vice Mayor Rodriguez pulled Item VI.C.7 for discussion. 8. Proposed Resolution No. R08-027 RE: Approving and authorizing execution of the 2nd final renewal of 18 consultant agreements issued under RFQ #065-2821-03/0D and renewal #028- 2821-06/0D as allowed in the agreement, for water plant expansion and capacity replacement, wellfield development and hydrogeology services, infrastructure improvements and ancillary studies and services. D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works/Fleet Maintenance and allow for the auction of the same. E. Authorize the use of $2,473.88 of Commissioner Ross's Community Investment Funds for reimbursement of filing fees for building permits the Chamber of Commerce needed for their new Chamber of Commerce Visitor Center, Renaissance Commons. Commissioner Ross pulled Item VI.E. for discussion. F. Authorize the use of $500 from Commissioner Hay's Community Investment Funds for the Boynton Beach All-Star Cheerleading squad for two teams of 32 cheerleaders to help defray competition expenses. G. Authorize the use of $500 from Commissioner Hay's Community Investment Fund for reimbursement of hotel accommodations to st. John Missionary Baptist Church for the Watoto Children's Choir. 7 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 H. Accept the written report to Commission of purchases over $10,000 for the months of November 2007, December 2007 and January 2008. Motion Commissioner Hay moved to approve the Consent Agenda with the exception of those items pulled for discussion. Commissioner Ross seconded the motion. The motion passed unanimously. VI. C. 6 Proposed Resolution No. R08-025 RE: Approving the creation of a City Green Task Force to oversee the process of improving and sustaining the environmental needs of Boynton Beach, and to make recommendations to the City Commission regarding environmental sustainability. Commissioner Ross wanted to highlight that the resolution was based on the recommendations of the U.s. Conference of Mayors from 2005. Carisse LeJeune, Assistant to the City Manager, responded the wording of the resolution was purposely vague in nature to give the City some flexibility in forming its Green Task Force. It would enable the task force to incorporate any best practices including criteria building by using the U.S. Conference and Florida League of Cities standards for government, as well as internal audit practices. There was consensus that a Green Task Force be established with staff initially. Motion Commissioner Ross moved to approve Proposed Resolution No. R08-025. Commissioner Hay seconded the motion. The motion passed unanimously. Bob Brown, 701 S. Sea crest, suggested lay people be included in the process along with City staff. VI. C. 7 Proposed Resolution No. R08-026 RE: Approving and authorizing execution of an Agreement with ZGolf Food & Beverage, LLC, to provide an on-site review of the food and beverage operations at The Links at Boynton Beach. The cost of the review is $6,500. Vice Mayor Rodriguez questioned the profitability of the restaurant. Dan Hager, Manager of Golf Course Operations, reported there was a $100,000 loss over the last fiscal year. He contended it was a necessary amenity for the golf course and had struggled with $300,000 in expenses and only $200,000 in revenue. There was room for improvement. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R08-026. Commissioner Weiland seconded the motion. The motion passed unanimously. 8 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 VLE. Authorize the use of $2,473.88 of Commissioner Ross's Community Investment Funds for reimbursement of filing fees for building permits the Chamber of Commerce needed for their new Chamber of Commerce Visitor Center, Renaissance Commons. Commissioner Ross expressed her willingness to support the efforts of the Chamber of Commerce and challenged the Commission to also contribute to the endeavor. Glenn Jergensen, President of the Chamber of Commerce, explained the visitors' center was being relocated to the Renaissance Commons area and doubled in size from the current location. The amount was the cost of fees throughout the building process. Mayor Taylor, Commissioners Hay and Weiland agreed to contribute $500 of their Community Investment Funds to the project and Vice Mayor Rodriguez contributed $250. Motion Commissioner Ross moved to approve Item VLE., as amended. Commissioner Hay seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE 8r. 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. Attorney Cherof administered an oath to all those intending to testify on any public hearing items and explained the procedure to be followed. A. Project: Agent: Owner: Location: The Learning Place (SPTE 08-001) Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road, immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal Request for a one (1) year site plan time extension for the new site plan and conditional use (COUs 04-006) approved on October 18, 2005 for a 7,800 square foot day care center, thereby extending approval from October 18, 2007 to October 18, 2008. Description: Kathleen Zeitler, Planner, reviewed the request for a site plan extension to October 18, 2008. There was a condition of approval that the traffic concurrency be approved prior to the build 9 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 out date. Staff recommended approval based on the 41 conditions of approval previously outlined. The applicant was present and advised he agreed with all the conditions of approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Item VIlLA. Commissioner Hay seconded the motion. The motion passed unanimously. B. Project: Agent: Owner: Location: Description: Heatherlake at the Meadows (MPMD 08-001) Alex Gonzalez/Heatherlake Home Owners Association N/A Meadows PUD; east side of Meadows Blvd., west of Congress Avenue Request for master plan modification of the Heatherlake at the Meadows PUD to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear yard setback for pools from twelve (12) feet to six (6) feet, for lake front lots. Ed Breese, Principal Planner, reviewed the request for master plan modification to reduce the minimum rear set backs for screen roof enclosures and pools. The current setbacks were consistent with a utility easement. Staff would recommend a utility release be obtained for any permits. The modifications were consistent with other PUDs in the area. The applicant was present and agreed with the condition of approval that a utility easement release be required. He also understood that approval would be needed from the City of Boynton Beach as well as the 300 Club. Mayor Taylor opened the issue for publiC hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Ross moved to approve Item VIlLB. Commissioner Hay seconded the motion. The motion passed unanimously. c. Project: Agent: Descri ption: Amendment to Workforce Housing Ordinance (CDRV 08- 001) City-initiated Request to amend Chapter 20. Building, Housing and Construction Regulations, Article X. Section 3 and Section 4, clarifying applicability conditions and unit type requirements. (1st Reading Proposed Ordinance No. 08-004) 10 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 Hanna Matras, Senior Planner, explained the need for the amendment to the workforce housing ordinance previously approved. The purpose of the amendment was to streamline applicability of the original ordinance. It was felt, due to the current economic conditions, imposing additional costs would be an undue hardship and could negatively impact the real estate sector. Also, if an occupant can provide justification that the profit of affordable housing meets the better needs of the community, rather than the market sector, then the applicant would not be required to comply. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Attorney Cherof read Proposed Ordinance No. 08-004 by title only. Motion Commissioner Hay moved to approve Proposed Ordinance No. 08-004. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. None IX. CITY MANAGER'S REPORT: A. Review new resolution for enclave annexation (Proposed Resolution ROB- 028) X. FUTURE AGENDA ITEMS: A. Discussion of funding electronic agenda software B. Discussion of disposition of Old High School - April 2008 (CRA reviewing in March) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None 11 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 08-003 RE: Amending Article I of Chapter 2 and Section 2-13.2(b) relating to the Community Redevelopment Agency to provide for new boundaries. Attorney Cherof read Proposed Ordinance No. 08-003 by title only, on 2nd reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 08-003. Commissioner Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - 1st Reading None D. Resolutions: None 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 8:06 p.m. 12 Meeting Minutes Regular City Commission Boynton Beach, FL February 19, 2008 CITY OF BOYNTON BEACH: \ ~ f'yq(.y T", or - ATTEST: Vice Mayor - Jose Rodriguez ~m. Ja et M. Prainito ity Clerk p~ dith A. Pyle , Deputy City Clerk 13 DEVELOPMEf ORDER OF THE CITY COMMISSI( CITY OF BOYNTON BEACH, FLORIDA OF THE PROJECT NAME: The Learning Place II PDeve/Opment &z Buttdlng gnglneerlng cc. L1cen Deputy C1t;~/erk ::::::-- - APPLICANT'S AGENT: Scott and Cathy Freeland APPLICANT'S ADDRESS: 10855 Canyon Bay Drive, Boynton Beach, FL 33437 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2008 TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until October 18, 2008, for construction of a 7,800 square foot day care center on a 0.84-acre parcel in the R-1-AAB zoning district. LOCATION OF PROPERTY: 8518 Lawrence Road (east side of Lawrence Road, approximately 1,100 feet north of Gateway Boulevard). 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 "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. 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'" ' e lP Z. : ,_ n~ * ~'r: or ~ , tMl) 7N-7ne D~a..=ey !!!...~~- -- TURQUOISE, Inc.. ~~:::~~~. - . .......-..-~ . .4_ Le.I2-fo.,lIN-'ol. ceN.'TeI&..-~':. ._ fHE-''Le';'~l1~&h::s''l~1'L--'--' '=':'_ -..C ',,--"'t..~_, ~Q ""q<fl;\~ ~~~, nOh. .",- EXHIBIT "C" October 11, 2007 Ed Breeze Planning and Zoning Department City of Boynton Beach 100 Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: The Learning Center IT Dear Ed: Our Design Team has been working on the comments that were conditions of approval and proceeding with revisions necessary to the plans to submit for a building permit for this project. 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 year to allow for the securing of Building Permits for this project. Some economic considerations were the concern for the first extension and those considerations have now all been addressed and we are now ready to proceed. Meetings have taken place with the Health Department for they're required approval prior to submission to The City for Building Permits. Some revisions and additions to the plans were required and have since been submitted to them for approval. Some contact has been made with SFWMD concerning the vegetation on the North side of the project on they're right of way. Some of this needs to be cleared for vision triangle at the exit from this project. We are seeking permission from them to clear vegetation on they're property. Enclosed is our check for $750.00. Please advise me if any boards need to hear this extension so I may be present if necessary. Thank you for your consideration ~~'P~ Kathy Freeland, Owner EXHIBIT "D" Conditions of Approval Project name: The Learning Place II File number: SPTE 08-00 I 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/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 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 PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Leaming Place II\SPTE 08-001 \COA.doc Meeting Minutes Plan ning and Development Board Boynton Beach Florida January 22,2008 There were no comments from the applicant, the public or the board. Motion Mr. Barnes moved to approve as presented and with all staff comments. Ms. Grcevic seconded the motion that unanimously passed B. The Learning Place Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Learning Place (SPTE 08-(01) Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road; immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18, 2005 for a 7,800 square foot day care center, thereby extending approval from October 18. 2007 to October 18, 2008. Kathleen Zeitler, Planner, explained the project was approved by the City Commission on October 18. 2005. The applicants needed more time to revise construction drawings to address conditions of approval and the Florida Department of Health for conditions for a daycare. An extension was approved on February 13, 2007, which extended the site plan approval to October 18. 2008. The applicants would also have to obtain a renewed traffic concurrency approval including a new project site build-out date, prior to the issuance of a permit for the project. The applicants have satisfied the condition for concurrency to build out through 2009. Staff recommended approval subject to the original 41 conditions of site plan approval being included. Dave Beasley, 2385 SW 13th Terrace, the applicant, was present. He reported they were very close to commencing construction. They made some mechanical revisions and modified the building footprint. They would be submitting for a minor setback modification and anticipated submitting for a permit within the next 60 days. They were looking forward to commencing the project. Motion Mr. Saberson moved to approve the staff recommendation including the 41 conditions of approval included with the original approval continuing to apply. Ms. Grcevic seconded the motion that unanimously passed. 4 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 Chair Jaskiewicz explained she did not introduce the members of the board. She explained the City was very fortunate to have talented and diverse individuals serving on the board who were interested in a positive approach to the development and redevelopment of the City. Chair Jaskiewicz introduced the members of the board. She welcomed new board members Steve Myott, Candace Killian and Matthew Barnes. C. Hotel/ Motels in PID Code Review 1. PROJECT: AGENT: DESCRIPTION: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CORV 08-002) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7, H.4., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. Mr. Breese explained this was a staff generated Code amendment in the Planned Industrial District. It was the only category in which hotel/motels were regulated through a density requirement. He explained, typically, density was associated with dwelling units in residential zoning districts. Hotels/motels were not considered dwelling units, rather they were considered as transient lodging, and they are usually associated with commercial type uses. This change would eliminate that density regulation within the Planned Industrial District and give equal treatment in all allowed zoning districts. The Quantum Park Planned Industrial District was the only district in the City that recognized hotels/motels as an allowable use within its Permitted Uses Table. The Quantum Park DRI limited the number of hotel/motel units to 400 within its development, which was a better way to regulate that type of use, rather than through density. Staff proposed that any reference to density within the PID relative to hotels/motels be stricken from the Code. Ms. Jaskiewicz asked if any density regulations apply to the other districts. Mr, Breese responded they did not, only the PID District. Motion Mr. Myott moved to approve, Mr. Saberson seconded the motion that unanimously passed. 5 DEVELOPMEN' )RDER OF THE CITY COMMISSI( . OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. L1cens. Deputy City Clerk PROJECT NAME: Heatherlake at the Meadows APPLICANT'S AGENT: Alex Gonzalez / Heataherlake Home Owners Association APPLICANT'S ADDRESS: 58 Heather Cove Drive, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2008 TYPE OF RELIEF SOUGHT: Request for master plan modification of the Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear setback for pools for twelve (12) feet to six (6) feet, for lake front lots. LOCATION OF PROPERTY: Meadows P.U.D; east side of Meadows Boulevard, west of Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,./'" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby /' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: c4-~~- oe J :\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop.Order Form-2001-Revised.doc ~ " Heatherlake at the Meadows EXHIBIT A .'Jl!l'Jfi}~ eI' 1 jI .., .(\..~.~'q '. .'0''''I;''.'';'':''C:'i..:t:...~,:: ;'~'I .., :;.... <:J!!y E)(RTB1.fr~:~" J -. ~ -:-;.,.........- ,... .~ ;:~, ./ ./ .. )}~~.:f~: : .';..:t-/-,.'.-' '" .";l!f..:- \ . . ,. " '--II'l!;. "'1:)" ,..... ~aft 11II1:)'.... ....,. .. . ..a: . "J' II ~ ~ w , '. ~ I' ~ ~ ~~' ~ 'Il ~ ~ . . -.. . "~' '~ 'I........ ~.~. , . ......~.." . . ':".i...~. ';'j .'.' - '-"''-'" c" , "_.."; ~l' . . .1" c' ~~.:...;...!:\i'.L.;..~':~' ,~. ~W;;l .. . .'..... ~. .~ ......... . ~".;:.," -' ' , ~ - -.~. ^ I,' .,: . .' ~~ ~~~' . ~ J.-...::i i~ ,<1: .._,',, .\ ".~ . \ . \ \ \ \ \ ~ \'t,;!,,~iJi;;:'t;;) '\ ~ ..~ ~ \ "'-'2 ~) E)\., HBIT B 1J I"" .'- , "- .~ ~. ~ :~ -~ 't) ~ ~ -=:t: ~ ~ ...... ...... ~ -U "> It. ~ \) "> ~ k '" "1 ~ :r. Ir) ~ ...... -=t: ~ ~"i' I;;IIJI~ t ~I"'II~ 0, 1::11 ~~ I '..,1'", '5~ ~ -.;- I ~ ,I U I ~ I I ~~ I~ ~ , , "~I~ ~ I, i !!~ L__.l___~ _J ~r --.~ 6 .. ~ ~ I ~~-!2,L----, ~ I I I~~U J I~ , I I ~~~~i ~ I l,tI I II~i~m h" l;j\' ~ I Il!~ I.~t ~~~ I '" III I \J I iH "-' ~'(. '-- , ,if -~f"----- __ ,W, I r-------l ~ 'Ot?Q,y 7=07 I I AY~,as- I I I I ;\ ::,; ~ ~ ~ }~ F' ..... ~ <1l ~ ~ ~~ ~~ "'~ ~ ~~ ~a ~ 15 ~C \.:J ,,<" '-;;: ~ \J <7P'<>o!r>r.:l?7 ,OS ~ "-l ~ ~ lQ ~ ~ ~ "- ~ ~ -z ~ ~~::, ~~~k~Ji ~~.~I~~~ ~;:J ~ i~13~ ;h H f~ ~~a~-S ~ III ~ ~.~\~ ~ l..~' i~~r~~~~ ~ I-~~ -JJplll 'i;\L :z.li'i~ I I~ :j'~~~9/~ I ~.,~ 5~i ~~~! I O~, ~,. t! -& i:s '-i-.J~~~ ;~~~ ~5 ~l t. ~ . ~ .- . .- i - 1--'" ~ '\\\j ~~\., ,,, ~ I~. "- ~' i J~ ~~;iL!:' ~ ~ c<' -it '1'7 ~ _. ~ __~.r .-'::11 ~ I (~-.- ~I '- - -- - - l I',~,: I ' i ~ I I~ I I ~~f I I " '\< L__ --__-1 ~~ - )1 n ~'\ ~ I,---~,,--~I~irl~ '_I ~~ ~ :" ~I~. ~ ~ . ~ l , I ;i1 !l i:jh I I .. "- D' --I ~~~ ~,<~~t~:a ~~ ~ "'" I ,,~' 'C. -- ';, ~'ii ~. I I I " L~_~~____.-:-.J-. I ~ ~ : '" ,-------, I I I I I I I I I 1 I ~, \ ,., \L ~J '...~~"'__t../ 1iI,.~.;.f7F ~ ~,X7? .,~O...-. EXHIBIT C . ~:a... ------= ==--------=:.=- /' /" II BEACON PROPERTV--=----_--~:>,//// MANAGEMENT, INC.~_____---- /~/ SUITE 18.500 N.E, SPANISH RIVER BLVD. ____ /'/ BOCA RATON, FL 33431 ____ 561-750-0040. FAX 561-750-0071 LIGHTING THE WAY WITH PROFESSIONAL MANAGEMENT November 8, 2007 To: Boynton Beach Planning & Zoning Dept. From: Sue Daniels, Manager The 300 Property Owners Association, Inc. Re: Heatherlake at the Meadows variance Dear Boynton Beach Planning & Zoning Dept.; I am writing on behalf of The 300 Property Owners Association at The Meadows in regards to the variance requested by Alex Gonzalez of 58 Heather Cove Dr., Boynton Beach, FL, 33436 for the installation of his pool. It is understood by the 300 P.O.A. Board that the Planning & Zoning Dept. wishes to create a blanket variance for the lakeside only owners of Heatherlake. The 300 Board will approve this as long as the wording on the plat note reads as.. follows: "On lake front lots, pools may be constructed six (6) feet from the rear property line, and screen roof pool enclosures four (4) feet from the rear property line, provided easement release forms from ALL utilites and approval from The 300 P.D.A. Architectural Control Committee are submitted with the permit application." Thank you for your cooperation in this matter. Please contact me if you have any questions regarding this request. Sincerely, Sue Daniels, Manager On Behalf of the Board, The 300 Property Owners Association, Inc. CC: Board File La.k~shorelHeatherlake c/o G.R.S. Management, 3900 Woodlake Blvd., Ste. 309, Lake Worth, FL 33461 1.)icDZiE.d. !BondE.d and !huu "LE.d EXHIBIT "D" Conditions of Approval Project name: Heatherlake @ The Meadows File number: MPMD 08-001 Reference: 1st review plans identified as a Master Plan Modification with a November 9, 2007 Planning & Z . d ki omng ate stamp mar ng. 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 FORESTER/ENVIRONMENT ALIST Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I PLANNING AND ZONING Comments: 1. At time of permit, owner/ applicant of a Lake Front lot shall submit utility X release forms from each utility entity, authorizing the construction of these improvements in the easement. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Meadows 300\MPMD 08-001 Heatherlake\COA.doc Meeting Minutes Planning and Development Board Boynton Beach Florida January 22,2008 requirements ofthe City; the colors were modified, and the text was modified based on the City Commission and the Planning Staff comments 7. Old Business None. 8. New Business A. Heatherlake at the Meadows Master Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Heatherlake at the Meadows (MPMD 08-001) Alex Gonzalez I Heatherlake Home Owners Association N/A Meadows P.U.D; east side of Meadows Boulevard, west of Congress Avenue Request for master plan modification of the Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear yard setback for pools from twelve (12) feet to six (6) feet, for lake front lots. Ed Breese, Principal Planner, explained the Homeowners Association was looking to modify the master plan and wanted to reduce the minimum rear yard setbacks on the lakefront lots. There were 18 lakefront lots that would be impacted and the change would apply to those lots for pools and screened roof enclosures. The setbacks were reduced from 12 feet to 6 feet for pools and down to 4 feet for the screen enclosures. The Planned Unit Development consisted of 75 lots on 16 acres with the lots being 55' by 100' -110' feet in depth. There were four types of lots which were lakefront lots, canal lots, the Meadows Boulevard lots and then the interior lots. Mr. Breese explained the current setbacks coincided with the utility easements that were along the lakefront lots. The utilities were in the road or in the easements in the front of the lots. Accordingly, that was why they were asking for the reduction that would allow structures to encroach into the rear yard setbacks, Staff was recommending approval of the setbacks for these lots but with the condition that each applicant who comes forward to construct enclosures in the easement must obtain sign offs from Utilities. When the applicant submits for a permit, it must be indicated there are no issues with that. Mr. Breese explained this was consistent with other lots they have approved in the past. Citrus Park, Fosters Mill and Lawrence Oaks have similar or less rear yard setbacks to accommodate those types of improvements. 3 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 There were no comments from the applicant, the public or the board. Motion Mr. Barnes moved to approve as presented and with all staff comments. Ms. Grcevic seconded the motion that unanimously passed B. The Learning Place Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCA nON: DESCRIPTION: The Learning Place (SPTE 08-001) Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road; immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18, 2005 for a 7,800 square foot day care center, thereby extending approval from October 18, 2007 to October 18, 2008. Kathleen Zeitler, Planner, explained the project was approved by the City Commission on October 18, 2005. The applicants needed more time to revise construction drawings to address conditions of approval and the Florida Department of Health for conditions for a daycare. An extension was approved on February 13, 2007, which extended the site plan approval to October 18, 2008. The applicants would also have to obtain a renewed traffic concurrency approval including a new project site build-out date J prior to the issuance of a permit for the project. The applicants have satisfied the condition for concurrency to build out through 2009. Staff recommended approval subject to the original 41 conditions of site plan approval being included. Dave Beasley, 2385 SW 13th Terrace, the applicant, was present. He reported they were very close to commencing construction. They made some mechanical revisions and modified the building footprint. They would be submitting for a minor setback modification and anticipated submitting for a permit within the next 60 days. They were looking forward to commencing the project. Motion Mr. Saberson moved to approve the staff recommendation including the 41 conditions of approval included with the original approval continuing to apply. Ms. Grcevic seconded the motion that unanimously passed. 4