Minutes 02-17-09
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
At 6:30 P.M., ON TUESDAY, FEBRUARY 17,2009
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Woodrow L. 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
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner Hay gave the invocation
followed by the Pledge of Allegiance to the Flag led by Mayor Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Ross asked that an item be added to the agenda regarding the Sunshine Law
and e-mail correspondence. It was agreed the item would be added immediately following IV.
Public Audience.
2. Adoption
Motion
Commissioner Hay moved to approve the agenda as amended. Vice Mayor Rodriguez seconded
the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Weiland commented he attended the joint meeting of the Commission and
Community Redevelopment Agency Board held at the Sims Center, but left at 6:25 p.m. to
complete a work commitment and was ill. He did attend the opening of the meeting out of
respect for the Board and the community; however, he had intended to leave early and had
advised the Community Redevelopment Agency Assistant Director.
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Commissioner Hay added any intent to leave or not attend a meeting should be revealed to the
Chair to be announced to the public. Mayor Taylor noted Commissioner Weiland had indicated
he was not feeling well and was unsure how long he could stay. He apologized for not
announcing the information at the meeting. Vice Mayor Rodriguez had also informed Mayor
Taylor of the necessity for him to leave the meeting early.
Vice Mayor Rodriguez reported he had attended a gang violence prevention organization
meeting in Broward County with all the State Attorneys and Palm Beach County Sheriff Ric
Bradshaw. He indicated Boynton Beach and Palm Beach County are much further organized
and proactive in dealing with gang violence and preventive measures than either Broward or
Dade County. Vice Mayor Rodriguez promised to give further updates as the meetings occur.
Mayor Taylor reported he had attended a meeting in Boca Raton with the Mayors of Boca
Raton, Delray and Boynton, who made presentations to potential developers of commercial
properties. The meeting was sponsored by the Business Development Board. A tour of Palm
Beach County for the developers was included. The development community indicated they
were interested in free land and incentives to bring businesses to the area.
Commissioner Ross announced the Heart of Boynton Heritage Celebration 2009 would be held
on Saturday, February 21, 2009 from 11 a.m. to 4 p.m. on East Martin Luther King, Jr.
Boulevard. She urged everyone to attend. Commissioner Hay announced he was on the
program and may perform a dance for those in attendance.
III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
1. Oceanfront Concert Series presents a FREE concert on Friday, February
20, 2009 at Oceanfront Park from 6 p.m. to 9 p.m. featuring the music of
Crick/ewood. Parking onsite or park and ride the shuttle from the Bank of
America. Food and drink vendors will be available.
Kathy Biscuiti, Special Events Director, announced Friday, February 20, 2009 would be the
continuation of the Oceanfront Concert Series featuring Crick/ewood. The free event would be
held at Oceanfront Park from 6 p.m. to 9 p.m. with parking on site and at Bank of America
building, with free shuttle service to the concert. Food vendors would be in attendance. Mayor
Taylor encouraged everyone to attend.
C. Presentations:
1. Proclamations
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None
2. Presentations:
a. Presentation by Lawrence W. Casey, CEO of the American Red
Cross Greater Palm Beach Area Chapter on Disaster Preparedness
as well as Health and Safety Services.
Mayor Taylor advised Mr. Casey could not attend dueto illness and his presentation would need
to be rescheduled.
b. Presentation by Stacey Robinson, Director of the Youth Violence
Prevention Project, regarding the Boynton Beach Youth
Empowerment Center's annual report.
Stacey Robinson, Director of the Youth Violence Prevention Program, thanked the Commission
for the opportunity to showcase the project and Youth Empowerment Center. A video was
shown that had been recorded, edited and produced by the participants.
Captain Bob Cawood, Florida Fishing Academy, taught the Hooked on Fishing, Not on Drugs
program at the Sims Center, focusing on a positive hobby for life learning about fishing and
environmental issues. Outdoor learning is available in the canals and field trips to various
parks. Rod building would be included soon. One of the participants in the program related
his learning experiences and the positive impact of the program to prevent destructive or illegal
behaviors.
Ricky Petty, Facilitator, reported on two programs. One program related to employability
skills and the other was a male mentoring program. The focus of the programs was to assist
the boys in becoming young men, increasing job skills, building resumes, interviewing and
seeking employment. Two young men recounted their experiences of attending the Center,
returning to school, improving their grades and finding jobs. Both felt the program had a
positive impact on their lives and the Center was like a home to many in the community.
Brenda Oaks, Criminal Justice Commission representative, recalled the program had been
initiated in response to a violent epidemic of shootings in 2004, particularly with young
African/American youth. The prevention segment of the program includes five youth
empowerment centers in Palm Beach County. There are law enforcement, courts and
corrections component that must act in conjunction with the youth to attack the issue of
violence. Ms. Oaks stressed that although the media was not covering as many headline
incidents involving youth, there remains a significant problem of violence in the area. She
commended the police and their efforts to enhance their abilities to assist in successful
prosecution of offenders. The prevention program is a tool to address issues at an early stage
to limit deeper involvement in crime. Previous efforts had been unsuccessful.
Ms. Oaks noted the Boynton Beach Empowerment Center, with the assistance of the Police
Department, was handling a greater volume of youth with less staff and utilizing more creative
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programs to entice participation in drug and violence prevention education. This resulted in
more youth actually attending school regularly, an increase in leadership skills and community
connectivity. She cautioned that future funding from Palm Beach County was not favorable in
the coming year. Ms. Oaks hoped the City would be able to carry on the program.
Mayor Taylor emphasized the Commission's pride in the youth participating in the program, by
setting a good example for others and being leaders in the community.
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>
Paula Melley, 720 Mariner's Way, spoke on the abandonment of a right-of-way on NE 1th
Avenue. She handed out a copy of the Code relating to abandonments and urged the
Commission to follow the Code.
Barbara Ready, 329 SW 13th Avenue, requested the City implement a historic ordinance and a
historic preservation advisory board in conjunction with the "green" movement. She also asked
that the City 501( c)(3) be implemented and re-appropriate the demolition funds for the Old
High School restoration.
Brian Edwards, 629 NE 9th Avenue, requested information as soon as it is available on the
amount of stimulus dollars the City would receive and the proposed use of those funds. Mayor
Taylor responded the City's lobbyist in both Washington D.C. and Tallahassee were monitoring
the proposals closely to get accurate figures.
Willie Aikens, 726 NE 1st Street, extended an invitation to the entire Commission to attend the
Heritage Festival and support the celebration. He noted the City or Community Redevelopment
Agency owned properties along Martin Luther King Boulevard were cleaned up by the residents
and some had volunteered to maintain the vacant lots in the future. Commissioner Weiland
indicated he would be in Orlando on the weekend and would not be able to attend.
Victor Norfus, 261 N. Palm Drive, thanked the Commissioners who attended the full public
meeting. He also commented on the cleanup of the vacant lots and questioned why Code
Enforcement had not addressed the issue of neglecting maintenance of the lots. Lisa Bright,
Executive Director of the Community Redevelopment Agency, clarified the City Code
Enforcement does cite the Agency for any violations.
Herb Suss, 1711 Woodfern Drive, reiterated his pleasure with being a volunteer at Galaxy
Elementary School. He applauded Commissioners Hay and Ross for their good work during
their first term. Mr. Suss commended Mayor Taylor for his efforts over the previous year. Vice
Mayor Rodriguez and Commissioner Weiland had not met Mr. Suss's expectations over the past
year and was upset they had left the public meeting in the Heart of Boynton.
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No one else coming forward, Mayor Taylor closed the public audience.
Discussion on Sunshine Law and e-mail ethics (Added to the agenda by
Commissioner Ross)
Commissioner Ross referred to a group of e-mails that had circulated among Commissioners
and suggested revisiting the restrictions of the Sunshine Law. She was also distressed about
the lack of communication regarding the various meetings that had been scheduled in relation
to the Heart of Boynton project.
Commissioner Ross read for the record an e-mail message that had been sent to her
constituent from Vice Mayor Rodriguez. "Terri, I'm not sure if you saw the below article in the
Sun Sentinel this past Sunday, but don't you think Congress is congested enough. Do you
really need the extra traffic that comes with a police station, police cars racing up and down.
We all know what that means for our home values, our quality of life and most important our
safety. This is not the right time to spend $15 million of our tax dollars and then subsidize
affordable rentals. If you feel the same way I do, I encourage you to make your opinion count
at the next Commission meeting where the topic will be discussed on February 1ih. You may
also e-mail your concerns to the other City Commissioners. In the meantime, if you have any
questions, please do not hesitate to contact me. Please pass this on to all our friends. Best,
Jose Rodriguez."
The message was sent on February 11, 2009 at 8:01 p.m. while the Heart of Boynton meeting
was ongoing. Commissioner Ross was concerned because of previous Heart of Boynton
meetings in District II and the same type of communications. She requested a legal opinion on
any possible violation of the Sunshine Law.
Attorney Cherof had not previously reviewed the document, but the e-mails did not appear to
fall into the category of a violation as previously described in an e-mail from Attorney Cherof to
the entire Commission. It is not a communication to other members of the Commission and
there is no invitation on the part of Vice Mayor Rodriguez to communication his point of view
through a conduit.
Commissioner Ross emphasized her disappointment with the events over the last month
between the Heart of Boynton meetings and the City Hall/Police Department issue. She
reiterated her concern regarding the lack of notification to herself and Commissioner Hay
relating to meetings in District II. She was concerned this could happen again in District IV
with the City Hall! Police Department issue. Details regarding every meeting should be
available to every Commission member.
Vice Mayor Rodriguez noted he does communicate and would continue to communicate with his
constituents across the City of Boynton Beach using e-mails or voice mail to express his opinion
and receive their opinions. It was a duty of each Commissioner and the citizens should be
aware of the status of projects, especially larger projects with an impact on the entire
community. He emphasized the communication was to a citizen and not any Commissioner, to
constitute a Sunshine Law violation.
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Commissioner Weiland requested clarification from Commissioner Ross regarding the lack of
notification of meetings. Commissioner Ross responded she understood there were several
meetings in District II on the Heart of Boynton project at various churches and she was not
invited. Vice Mayor Rodriguez offered his opinion perhaps the Commission was intentionally not
invited. Commissioner Ross could not accept the fact Commissioner Hay, in particular, would
not have known about meetings. Her basis for the Sunshine Law violation concern was that
Vice Mayor Rodriguez was expressing his opinion on an issue that had not been presented to
the Commission yet. She drew the conclusion the law of communication was similar for the
Heart of Boynton project and now, the City Hall/Police Department relocation to District IV.
Commissioner Weiland pointed out he was not invited to any meetings either. Commissioner
Hay stressed he was a Commissioner for the City of Boynton, not just District II. Common
courtesy dictates notification of visits into Districts other than their own, to work together as a
team. Vice Mayor Rodriguez announced he had not been to a meeting in District II without
Commissioner Hay's presence.
V. ADMINISTRATIVE:
A. Appointments
Appointment
To Be Made
Board
Length of Term
Expiration Date
IV Ross
II Hay
I Weiland
III Rodriguez
Weiland
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Bldg. Bd of Adj & Appeals
Reg
Alt
Alt
3 yr term to 12/11 Tabled (2)
1 yr term to 12/09
1 yr term to 12/09 Tabled (2)
Code Compliance Board
Reg
1 yr term to 12/09 Tabled (3)
3 yr term to 12/10 Tabled (3)
Cemetery Board
Alt
Motion
Commissioner Weiland moved to appoint Kirk LaRock as a regular member of the Code
Compliance Board. Commissioner Hay seconded the motion. The motion passed unanimously.
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Tabled (3)
II Hay Code Compliance Board Alt 1 yr term to 12/09
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/09 Tabled (2)
I Weiland Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 Tabled (2)
Weiland Recreation & Parks Board Alt 1 yr term to 12/09 Tabled (2)
II Hay Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (2)
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Motion
Commissioner Hay moved to table all other appointments. Commissioner Weiland seconded the
motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - February 3, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve payment of $104,842.92 to continue annual maintenance and
support from Sungard, HTE, Inc., the City's enterprise-wide application
software provider that is used for financial reporting, utility billing,
payroll, occupational licenses, work-orders and other City functions.
2. Approve the purchase of 50 desktop computers at $890.64 each, totaling
$44,532 and four laptop computers at $780.90 each, totaling $3,123.60
for the Library for a total cost of $47,655.60 using Florida State Contract
#250-040-08-1 pricing through Dell Computers with funding from State
Aid Funds. The fiscal impact to the City of Boynton Beach is $0.
Commissioner Ross pulled Item VLB.2 for discussion.
3. Multi-award the "ANNUAL BID FOR HARDWARE SUPPLIES", Bid #016-
1412-09/0D, on an overall basis to the lowest, most responsive,
responsible bidder who meets all specifications with an estimated annual
expenditure of $55,000.
4. Award the "THREE YEAR LEASE FOR CONCESSION OPERATIONS AT
BOYNTON BEACH, OCEANFRONT PARK, LOCATED AT 6415 N. OCEAN
BOULEVARD, OCEAN RIDGE, FL", RFQ #015-2710-09/JA TO B & J
CATERING INC. OF DELRAY BEACH, FL. Lease payments provided to the
City of Boynton Beach in the amount of $500 per month. (Proposed
Resolution No. R09-031)
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C. Resolutions
1. Proposed Resolution No. R09-032 RE: Approving and
authorizing execution of an Interlocal Agreement with the Solid Waste
Authority for a Municipal Recycling Program and the Delivery of Municipal
Solid Waste to a designated facility.
2. Proposed Resolution No. R09-033 RE: Approving and
authorizing execution of Amendment No.2 to Task Order U07-4-3 with
CDM, for the final design and construction services of the Sodium
Hypochlorite Onsite Generation (OSG) system for the East Water
Treatment Plant in the amount of $194,700 plus a 10% contingency
amount for unforeseen conditions, for a total, not-to-exceed value of
$214,170.
3. Proposed Resolution No. R09-034 RE: Approving and
authorizing the reclassification of a full time Recreation Specialist
position, pay grade 10, in the Recreation and Parks Department to a full
time Parks Maintenance Worker, pay grade 6; reclassification of a full
time Code Compliance Inspector position, pay grade 11 to a full-time
Code Compliance Officer, pay grade 16; and approve the upgrade of the
incumbent.
4. Proposed Resolution No. R09-035 RE: Approving the
establishment of a Governmental Money Purchase Plan and Trust 401(a)
for all full-time employees of the City of Boynton Beach and execute
Administrative Service Agreements to appoint Nationwide Retirement
Solutions (NRS) and ICMA Retirement Corporation (ICMA/RC) as Plan
administrators.
5. Proposed Resolution No. R09-036 RE: Approving and
authorizing a community partnership with Workforce Alliance, Inc., by
entering into a "Community Service & Work Experience Program"
agreement for participants to gain work experience (non-paid job
training) at the City of Boynton Beach, as employees of the State of
Florida, with no financial impact to the City.
Commissioner Ross pulled Item Vr.C.5 for discussion.
6. Proposed Resolution No. R09-037 RE: Approving the
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
Commissioner Hay pulled Item Vr.C.6 for discussion.
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February 17, 2009
7. Proposed Resolution No. R09-038 RE: Approving the
Boynton Village Park Dedication Agreement with Congress Avenue, LLC,
which includes the acceptance of the 2.195-acre parcel of land to satisfy
the park land dedication requirement, and the acceptance of the quit
claim deed for the 3,213.53 square foot adjacent "sliver parcel".
8. Proposed Resolution No. R09-039 RE: Approving and
authorizing execution of an agreement for construction service between
the City of Boynton Beach and 1950 Congress Avenue, LLC., to perform
water and sewer main improvements in coordination with the widening
of Old Boynton Road at a cost of $390,682.50 with a 10% contingency
for a total cost of $429,750.75.
D. Accept the written report to Commission of purchases over $10,000 for the
months of December 2008 and January 2009.
Motion
Commissioner Weiland moved to approve the Consent Agenda with the exception of those
pulled for discussion. Commissioner Hay seconded the motion. The motion passed
unanimously.
IV.B.2
Approve the purchase of 50 desktop computers at $890.64 each, totaling
$44,532 and four laptop computers at $780.90 each, totaling $3,123.60 for the
Library for a total cost of $47,655.60 using Florida State Contract #250-040-08-1
pricing through Dell Computers with funding from State Aid Funds. The fiscal
impact to the City of Boynton Beach is $0.
Commissioner Ross inquired if the computers to be purchased were energy efficient, so-called
green computers. Mike Naughton, Library Network Administrator, responded all the computers
and monitors under the State contract are Energy Star compliant.
Motion
Commissioner Ross moved to approve Item IV.B.2. Commissioner Hay seconded the motion.
The motion passed unanimously.
VI.C.5.
Proposed Resolution No. R09-036 RE: Approving and
authorizing a community partnership with Workforce Alliance, Inc., by entering
into a "Community Service & Work Experience Program" agreement for
participants to gain work experience (non-paid job training) at the City of
Boynton Beach, as employees of the State of Florida, with no financial impact to
the City.
Commissioner Ross stressed this was a critical issue in the current economy that the
Commission would partner with Workforce Alliance for job training and opportunities. Sharyn
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February 17, 2009
Goebelt, Human Resource Director, explained this was a first-time partnership with Workforce
Alliance to assist those willing to work to gain valuable job experience at no expense to the City
and would not replace any City employees.
Motion
Commissioner Ross moved to approve Item VI.C.5. Commissioner Hay seconded the motion.
The motion passed unanimously.
VI. C. 6
Proposed Resolution No. R09-037 RE: Approving the
assessment of the cost of nuisance abatement on properties within the City of
Boynton Beach.
Commissioner Hay inquired if the notification were ever sent by certified mail to ensure delivery
to the proper persons. City Clerk Prainito related the practice had been that the first letter went
out certified, with most coming back as unaccepted. The Legal Department then advised it was
not necessary to send any of the letters by certified mail. Attorney Cherof added the statute
provides regular mail is all that is required.
Motion
Commissioner Hay moved to approve Item VI.C.6. Commissioner Ross seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify and gave a brief overview
of the procedure to be followed.
Descri ption:
Boynton Beach Cancer Center (ZNCV 09-001)
Richard K. Brooks. Jr. AIA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of Woolbright Road and
SW 22nd Street)
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
11.H.16.d(19), requiring 32 parking spaces, to provide 26 parking
A.
Project:
Agent:
Owner:
Location:
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February 17, 2009
B.
Project:
Agent:
Owner:
Location:
Description:
spaces; a variance of 6 parking spaces, to allow an addition to a
medical office within a C-1 Office Professional zoning district.
Boynton Beach Cancer Center (MSPM 09-001)
Richard K. Brooks. Jr. AIA, NCARB
Boynton Beach Radiation Oncology
2301 Woolbright Road (northwest corner of Woolbright Road and
SW 22nd Street)
Request for Major Site Plan Modification approval for an
approximately 1,000 square foot, second story medical office
addition in the C-1, Office Professional zoning district.
There was no objection by the applicant to consolidating the matters for public hearing.
Ed Breese, Principal Planner, reviewed the requests for a parking variance and major site plan
modification for a second floor to a medical office building. He located the property on
Woolbright Road and explained the variance was for six less parking spaces then required. A
parking study had been submitted by the applicant and was reviewed. The treatment rooms
contain large equipment and only one patient can be treated at a time requiring less parking
spaces. Staff recommended approval of both requests based on the configuration of the
building and the amount of equipment being utilized in each area.
Richard Brooks, Architect, indicated it was not uncommon for different parking requirements
for specialized medical users. Attorney Cherof requested acceptance of the one condition of
approval for the parking variance and 12 conditions of approval for the major site plan
modification. Mr. Brooks concurred.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public audience.
Motion
Vice Mayor Rodriguez moved to approve Item VIILA. with conditions outlined. Commissioner
Weiland seconded the motion. The motion passed unanimously.
Motion
Vice Mayor Rodriguez moved to approve Item VIILB. with conditions. Commissioner Weiland
seconded the motion. The motion passed unanimously.
c.
Project:
Agent:
Owner:
Location:
The Learning Place II (SPTE 09-003)
Scott Freeland and Catherine Freeland
Scott Freeland and Catherine Freeland
8518 Lawrence Road, immediately south of Citrus Grove
Elementary School and the LWDD L-21 Canal
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Descri ption:
Request for a third one (1) year time extension for the New Site
Plan and Conditional Use (COUS 04-008) approved on October 18,
2005, thereby further extending site plan approval from October
18, 2008 to October 18, 2009.
Kathleen Zeitler, Planner II, located the property and reviewed the request for a third site plan
extension. The original site plan was approved in 2005 subject to 41 conditions of approval.
Construction plans are in the building permit review process. Staff recommended approval with
one condition and the applicant agreed with the condition.
Dave Beasley, 2385 SW 13th Terrace, had prepared the plans and was an agent for Scott and
Cathy Freeland. The project is moving forward and agreed with all the comments and
conditions.
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 VIII.C. Commissioner Hay seconded the motion.
The motion passed unanimously.
D.
Project:
Agent:
Owner:
Location:
Description:
Chow Hut (SPTE 09-004)
Douglas Peters
Douglas Peters
558 Gateway Boulevard
Request for a third one (1) year Site Plan Time Extension for the
Major Site Plan Modification (05-007) approved on November 1,
2005, thereby further extending site plan approval from November
1, 2008 to November 1, 2009.
Ms. Zeitler located the property approved for a take-out restaurant. The original site plan was
approved in 2005 subject to 28 conditions of approval. Finalized plans had been submitted to
the Health Department and the plans would be submitted to the City soon. Staff recommended
approval subject to the original conditions of approval.
Douglas Peters, applicant, indicated he was in agreement with all conditions.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Hay moved to approve Item VIII.D with conditions. Commissioner Weiland
seconded the motion. The motion passed unanimously.
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IX. CITY MANAGER'S REPORT:
There was consensus to consider Item IX.B. before Item IX.A.
A. Follow-up report on possible relocation of City Offices
B. Staff report on legal review for vacating NE 12th Avenue right-of-way (Tabled on
February 3, 2009)
Motion
Commissioner Hay moved to remove Item IX.B. from the table. Commissioner Ross seconded
the motion. The motion passed unanimously.
Attorney Cherof explained the matter had been tabled to research potential title issues. There
were no indications of record that would prohibit the Commission from abandoning the property
being a right-of-way of 1ih Avenue east of the sea wall, now a canal. Any abandonment would
have to be in accordance with the City of Boynton Beach procedures and would return to the
agenda as an Ordinance for approval.
Vice Mayor Rodriguez inquired if adjacent property owners had been contacted regarding a hold
harmless agreement or indemnification. Jeff Livergood, Director of Public Works and
Engineering replied the research did not include any type of inquiry, but simply to determine if
the City had authority to abandon. Mr. Livergood indicated any notification would be part of
the abandonment process. Attorney Cherof added the purpose would not be regarding the
canal area, but the dock constructed by the City, absent an agreement with some property
owner for control of the dock and relieve the City of any liability. He recommended that the
dock be removed. Mr. Livergood pointed out the City would retain ownership of the sea wall to
protect the lift station to the west. The sea wall could not be used to construct any potential
new dock.
Commissioner Weiland's position was the dock should be removed and the City not liable for
third party benefit or profit from the use of the dock. Ownership of the sea wall should remain
with the City. It would settle much of the dissention within the community. Vice Mayor
Rodriguez suggested an indemnification and hold harmless agreement would produce the same
result without destroying the dock. Commissioner Weiland stressed that the City built the dock
and yet someone else had benefited from the use of the dock. If the dock were sold, all
property owners would be entitled to make an offer. The easiest solution would be to remove
the dock and retain ownership of the sea wall to maintain the lift station.
Vince Piazza, representing the Hemingways, the adjacent property owners and dock users,
clarified the original dock was not built by the City, but the original developers in 1988. It was
extended by the previous owners of the Hemingway property by ten feet. The City did rebuild
the dock when the sea wall collapsed and knocked down the dock. The dock is consistent with
all other unit owners in the community and has become a limited common element. Removal
of the dock would have a detrimental effect on the Hemingway's property value being the only
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unit without an L-shaped dock. Mr. Piazza alleged abandonment of the road would relieve the
City of all ownership and responsibility for control of the property including the dock. It would
become the property of the Homeowners Association. Based on the plat, when the road is
discontinued, ownership reverts to the adjacent property owners.
According to Mr. Piazza, another issue is the sea wall was built outside the parameters of NE
12th Avenue. The City has an encroachment on the property to the south and the property of
the Homeowners Association. He added the sea wall was moved easterly when it was rebuilt,
causing his client to lose 1 1/2 linear footage on the canal, having a direct impact on the value of
the Hemingway property. Mr. Piazza agreed abandonment of the road would be the correct
way to handle the situation; however, tearing down the dock was not necessary.
Jim Losinger, 718-7 NE 1th Terrace, Homeowners Association President, agreed with the
abandonment, but hoped the dock would remain. The homeowners deed the docks back to the
Homeowners Association that currently maintains liability insurance and repairs the docks. Mr.
Constantine has to park his boat perpendicular and would like to maintain that ownership.
Paula Melley, 720 Mariners Way, indicated if the dock were to be sold, she would be an
interested purchaser of the dock. If the adjacent property owner truly owns the dock, she
questioned why the City spent $18,000 to build the dock. She would like to have the City
rebuild her dock also. Ms. Melley advised only six of the 32 units have docks over 30 feet. The
issue is fairness for all, rather than one.
Seamus Murphy, 760 Mariner's Way, had lived in both communities, and recalled members of
the community built their own docks. The City built the dock because the sea wall collapsed.
The community had signed an agreement that the sea wall remain with the City to eliminate
any liability for the community. The current property owners were aware of the dock issue
when they bought their properties and are exposing all other property owners to greater liability
for their own personal gain. He agreed the dock should be removed.
Steve Fleck, 650 Mariner's Way, President of Mariner's Way Homeowners Association,
indicated they were in favor of the abandonment of the right-of-way. It would make the
community consistent. No vote is necessary by the community and resolution would end the
disagreement that has been ongoing for several months. His personal opinion was that the
dock should remain. He assumed the City built the dock when the sea wall collapsed because it
had determined the property owners who owned the dock. It is free standing.
Commissioner Weiland inquired if the City sea wall would have to be used to gain access to the
dock. Mr. Fleck indicated access was not over the sea wall. There was other access to the lift
station.
David Hemingway, 610 Mariner's Way, remarked the dock had been there since he bought
the house in 1995. A current homeowners dispute regarding other docks has made this dock a
bargaining chip for the issue. The dock was shown on Mr. Hemingway's survey when he
purchased the property and the City had given permission for the dock. When the dock was
rebuilt by the City, Mr. Hemingway worked with the City and personally purchased heavier
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
fasteners for the City to install. He asked that the dock not be taken away from his property.
Mr. Hemingway was willing to execute any type of hold harmless agreement the City may
require.
Mrs. Melley countered that Mr. Hemingway's predecessor had a lease agreement with the City
to use the dock that was not continued by the Hemingways after purchase.
Vice Mayor Rodriguez expressed his concern that the sea wall is owned and maintained by the
City and yet the citizens have no benefit or access to waterfront property. He did feel the
property east of the sea wall should be abandoned. Commissioner Hay agreed with the
abandonment, but was not in favor of tearing down the dock. Commissioner Weiland
confirmed the sea wall was needed whether or not citizens had access to the area, so the lift
station could be maintained.
Mayor Taylor declared there was consensus to abandon the property east of the sea wall.
Mr. Piazza suggested that once the abandonment is granted, the property reverts to Mr.
Constantine and the Homeowners Association. The City could be granted access to the dock to
maintain the sea wall from the easterly side by using the dock.
Motion
Vice Mayor Rodriguez offered a motion to ask legal counsel to discuss indemnification and hold
harmless agreements with the two individuals involved and bring it back to the Commission for
approval. Commissioner Weiland seconded the motion. The motion passed unanimously.
A. Follow-up report on possible relocation of City Offices
Mr. Bressner reported that in December 2008 the City had been approached by Compson &
Associates regarding saving money on the new police facility and the price point. The planned
80,000 square foot building with a parking deck attached had an estimated cost of $31 million
with a price point of $350 to $400 a square foot. The savings suggested by Compson related to
the use of an existing office building with a price point of $200 a square foot for the purchase
of the area, plus about $40 a square foot for refurbishment.
Further discussion evolved regarding a more comprehensive proposal. Based on the direction
of the Commission to include in any land swap discussion, the potential refurbishment of the
Old High School and redevelopment effort, Mayor Taylor recused himself from the talks and
staff only continued.
Staff has been assessing space needs for both the Police Department and City Hall office for
many years. A 2003 space need study estimated the City would need approximately 60,500
square feet for City functions only and 81,000 square feet for police operations. The current
structure for both the Police Department and City Hall has 65,000 square feet total.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Alternatives discussed revealed moving into an existing building would achieve some economies
due to spatial relations reducing Police functions to 61,000 square feet and City functions to
50,000. Only 243 employees would be impacted and 81 of those would be moving anyway if
the stand-alone structure on High Ridge and Gateway was built, resulting in a net impact on
only 162 employees. Six options were offered for consideration that would meet the goal of
safe, efficient operation of space needs for the Police Department, relocate City functions into a
safer building from hurricane damage, retain a fire station in the downtown area, provide
workforce housing and provide funding for the refurbishment of the Old High School. The cost
is competitive with the stand-alone structure for the Police Department only. The density would
be 316 units that staff could support and would cost approximately $30 million, generating $8
million for the refurbishment of the Old High School. If the Commission elects to fund a portion
of the Old High School project with $4 million, the price point is reduced to $26 million. The
current City Hall campus is approximately 18 acres.
Vice Mayor Rodriguez clarified the cost of $31 million for the police facility was not gained from
a developer, but rather a consultant, based on October 2008 prices.
Option one was the land swap and included refurbishment of the Old School with four models
based on four density options. The proposal submitted included four density options because a
higher density would increase the value of the City Hall property. Staff could accept the 316
units for density. Legally, land swaps are permitted under the Code or an RFP can be directed
for a land swap. The rules would change if the project is separated rather than a package.
Option two is the same, only $8 million less, and reduces the price point. It does not fulfill the
direction the Commission had previously given. The preliminary site plan had a range of units
from 196 to 396 units with four to seven-story buildings that would not encroach on the Old
High School property. The monies that would be generated would be dedicated to the
refurbishment of the Old High School. The developer would not be a part of the restoration
efforts.
Option three involves splitting the proposals and look only at moving the Police facility to the
existing structure. The cost, based on a space need of 61,600 square feet would also have to
include the cost of upgrades for the current City Hall facility including compliance with ADA
standards, a sprinkler system, roof repairs and other required upgrades, totaling approximately
$20 million. Legally, an RFP for developers could be directed.
Option four provides funds for the Old High School at either $4 million or $8 million to be added
into the cost of the proposal. Fire station #4 would remain at a cost of $24 million or $28
million.
Option five would proceed with the construction of the previous planned structure at a cost of
$31 million, based on October 2008 building costs, and included refurbishment of the current
facility for $4 million. No workforce housing would be constructed nor restoration of the Old
High School. Fire station #1 would remain at the present location.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Option six would be postponing construction of the Police facility and deferring action on the
relocation of City Hall and doing nothing with the Old High School. The cost would be zero with
pending repairs to the current City Hall of a minimum of $3 million within the next three years.
The four possibilities are to proceed with the negotiation for a land swap and workforce housing
on the City Hall parcel, allow the proposals to sit for 30 to 45 days for additional review,
authorize staff to seek alternative proposals for either the entire package or portions thereof, or
maintain the status quo and proceed with the Police facility.
Commissioner Weiland questioned the loss of tax revenue if the City Hall or Police facility would
occupy the current, privately owned property, plus workforce housing taxes at the current site
would go to the Community Redevelopment Agency rather than the City tax base. Mr. Bressner
estimated approximately $250,000 would be lost. Commissioner Weiland also inquired about
maintenance expenses in the future, if the City owned part of a building. Mr. Bressner would
provide that information if the offer were authorized to be further negotiated. Common area
maintenance costs could be factored in, offset by the maintenance at the current location. A
definitive policy decision needed to be made first.
Vice Mayor Rodriguez inquired if there were any financial considerations from the Community
Redevelopment Agency that were not included. Mr. Bressner advised there was no contribution
from the Community Redevelopment Agency. The development of workforce housing could
include some subsidized dollars from the Community Redevelopment Agency.
Vice Mayor Rodriguez thanked Compson & Associates for bringing the proposal before the
Commission. There was no disagreement that a new Police facility was needed and property
was purchased at the corner of Gateway Boulevard and High Ridge Road for that purpose. He
speculated that the cost estimate would be much lower if an RFP was issued and developers
submitted their proposals. The Downtown Master Plan had been approved by the Community
Redevelopment Agency and the City of Boynton Beach that included the City Hall at the current
location within the downtown area. Vice Mayor Rodriguez reiterated his position that more
affordable housing was not needed. He contended the proposal was tainted by discussions
between the developer and Mayor Taylor. The City Manager also continued negotiations with
the developer without permission of the Commission. It was Vice Mayor Rodriguez's contention
that other developers should be given the opportunity to bid on the project with separate bids
for the Police facility and City Hall. He was not sure money should be spent on a new City Hall
with the current economic environment and he felt it should remain in the downtown area.
Commissioner Weiland voiced his appreciation to Compson & Associates for the proposal.
Economically it was good to consolidate into one site for less and provide affordable housing.
The Quantum Group also advised they had land available for a new facility. All options should
be considered.
Commissioner Hay indicated the proposal was very attractive, but was undecided about moving
City Hall. There has been a shift in the City along the Congress Avenue corridor. He agreed
the Police facility moving west was appropriate, but was not convinced City Hall should be
moved west of 1-95. In all fairness, it would behoove the Commission to solicit as many
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
proposals as possible before making a decision. He noted the proposal essentially moves City
Hall at little or no cost and relocates the Police facility for less than the cost of the new building
alone. However, the Downtown Master Plan needs to be considered. Traditionally, a City Hall
generates a flow of people and business to an area and he did not want to remove that element
from the downtown area. Commissioner Hay wanted further negotiations to cease until other
opportunities and proposals could be received and reviewed.
Commissioner Ross repeated the fact only 161 employees would be relocated. She appreciated
staff's work on the alternatives and available options. Commissioner Ross was particularly
interested in providing and focusing on a new Police facility and, at a later date, looking into the
City Hall situation, due to the economy.
Mayor Taylor explained his contact with Mr. Comparato last December and that it was his job as
Mayor to talk to developers and, in fact, had three other developers contact him with ideas. All
developers need to have time to prepare their proposals before information is released to the
public and media, so fair comparisons can be made. He was offended by the accusation the
proposal was tainted, because most developers speak to the Mayor before submitting any
proposal.
Mayor Taylor also disagreed with the comment that all housing was affordable. Salary levels
dictated affordability and not necessarily real estate availability. It was the responsibility of
government to assist those to attain home ownership, regardless of their salary levels. He
recognized that change is difficult; however, economics may have to prevail and should be
considered. He agreed an RFP was appropriate to get the best deal. He cautioned the
inclusion of the Old High School project had to be consistently applied to all proposals, if it is
part of the development plan.
Commissioner Hay noted a plan for the refurbishment of the Old High School had never been
submitted by anyone. He wanted it refurbished, only if it would be self-sustained. A satellite
City Hall on the east side of 1-95 was also a concern of Commissioner Hay. Many questions
remain unanswered until more alternatives are considered.
Commissioner Ross noted there was a distinction between workforce housing and affordable
housing that should be clarified. Quintus Greene, Development Director, defined workforce
housing as a dwelling to be sold or leased to an individual or family that is income qualified, in
which the rent and mortgage payment, including principal, interest, taxes, insurance and
homeowner association fees does not exceed 35% of the gross income of households that are
classified as low or moderate income households. In State statutes workforce housing means
affordable to natural persons or families whose total annual household incomes do not exceed
140% of the area median income adjusted for size. The area median income in Palm Beach
County is $66,000. Commissioner Ross pointed out affordable housing is a different category.
James Comparato, Compson & Associates, agreed an RFP was exactly how the issue should
be approached and he withdrew his suggestion and would present it as an RFP. In his mind,
the proposal submitted was economically viable for the City and done with the best of
intentions. It is now politically charged and he understood the respective positions of the
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Commission. He strongly believed his proposal was economically sound for all parties and would
prove so in the RFP process as well.
Brian Edwards, 629 NE 9th Avenue, expressed his opinion that the comments of Vice Mayor
Rodriguez were very negative and non-productive, especially in light of the fact the Vice Mayor
had initiated the concept that any discussions include saving the Old High School. Mr. Edwards
commended the Commission for wanting to use the RFP process, but he reminded everyone the
word plan means changes can be made if it is better for the City. He stressed the negativity
was unnecessary and perhaps tainted the remarks of the maker. It was an honest proposal,
made at a public meeting with several options. Saving the Old High School will have to be a
public/private venture similar to the Children's Museum.
Jim Lynch, 610 Horizons East, President of the Sterling Village Association, President of the
Boynton Intercoastal Group and represented 4,800 taxpayers, voiced concern about changing
the flavor of the downtown area by moving City Hall and building more affordable housing
units. He agreed with building a new Police station, but argued City Hall should remain in the
downtown area. Mr. Lynch contended the taxpayers should not be saddled with paying for an
unnecessary move and the projects started should be finished first. Needless and unnecessary
progress was not wanted. Mr. Lynch felt both negative and positive remarks should be heard.
Victor Norfus, 261 N. Palm Drive, addressed the fact that the Old High School could be a
multi-use facility and include more office space for City Hall employees and activities. It does
not have to be purely historical in nature. Mr. Norfus did not believe moving City Hall would
improve the area and could deter progress toward a downtown area.
Victoria Castello, 406 S. Seacrest, agreed with Mr. Norfus that the Old High School should be
refurbished and City Hall remain downtown. She was concerned about additional traffic flow
issues with more housing units in the area. The reasoning did not support the proposal and the
heart of any City should be around the City Hall.
Lisa Bright, Community Redevelopment Agency Director, recalled over her four years with the
Community Redevelopment Agency and the RFP going out for a Downtown Master Plan, there
had been proposals to build a new City Hall as a part of Bicentennial Park, another to build
across Sea crest Boulevard and another proposal for a new City Hall as part of the Ocean One
project. There were also discussions about building a new City Hall at the Arches location along
Federal Highway and Ocean Avenue. The current City Hall site is attractive because the largest
employer is Bethesda Hospital and 35,000 cars a day pass through the intersection of Boynton
Beach Boulevard to get to 1-95. Retail will not come to the downtown area unless there are
rooftops with residents. Ms. Bright noted moving City Hall is one of the largest plans in the
Downtown Master Plan. Budget constraints prohibited an economic feasibility study being done
on moving City Hall according to the Downtown Master Plan. She reiterated the Plan was only
a conceptual plan to entice developers and incentives have not been discussed in the proposal.
Vice Mayor Rodriguez clarified there had not been any competitive bid process for the
Downtown Master Plan.
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
Jamie Anne Wooley, 306 SW 12th Avenue, had a family of four who made under $83,000 and
owned a home in Boynton Beach for over eleven years. A single-family home could be acquired
without increasing density and offering incentives. She inquired about any guarantee the
surrounding residents would have that the housing remain workforce and promotes a
downward spiral in home values. She did agree with being cautious and felt more planning
needed to be done before any decisions were made on the Old High School.
Herb Suss, 1711 Woodfern Drive, thought it should be a joint venture with an RFP for City Hall
and a Police facility and RFPs separately for each. The location of City Hall was not an issue.
Steve Anton, 234 SW 2nd Avenue, suggested a streamlined process that was uniform for every
developer to approach the City with a project. He contended it should be a more open process
with a Comprehensive Plan that is followed.
Flynn Holland, 618 S. Seacrest, did not support moving City Hall or the Police facility to the
west. She noted many businesses had been knocked down along Federal Highway and were
now vacant. The proposed site has a quagmire of parking issues with a great deal of traffic
issues. The additional housing units would create more traffic problems and the current housing
values are all affordable. Ms. Holland felt the proposed site was an impossible destination for
many.
George Perry, 2012 S. Federal Highway, was impressed by the Commission's attempt to do
the right thing. He observed moving government offices were not appropriate. Office space at
the proposed location would have to be refurbished and the cost of those renovations had not
been addressed. Mayor Taylor replied all the costs were included in the proposal.
Candace Killian, 642 Riviera Drive, voiced her opinion that City Hall should remain at the
present location. It deserves to be a prominent location, in a stand-alone building and not a
store front. She contended Congress Avenue could not accommodate more traffic and was
hazardous for senior citizens. Ms. Killian suggested the Old High School be used for additional
space, if necessary.
Commissioner Weiland felt the responsibility of the Commission was to investigate all the
advantages and disadvantages for the City of Boynton Beach and not the personal gain of any
individual or entity or political gain. Commissioner Weiland indicated he did agree with one of
the points of Vice Mayor Rodriguez, but did not agree the proposal was tainted. Each
Commissioner usually has a cause that they champion through their term in office. On the
other hand, asking questions about a proposal was not being negative, but a responsibility.
Motion
Vice Mayor Rodriguez moved that the City go out for an RFP for a new Police facility that would
include both options for the current land allocated for the Police facility or other location.
Commissioner Ross wanted to be clear that the proposals did include a public/private
relationship regarding the Old High School. The population downtown was as important as the
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
population throughout the City. The Police Department has to cross Congress to get to District
IV that has the largest population in the City, with the retail and business hub and a place of
destination for the mall and restaurants.
Mayor Taylor disagreed that Congress Avenue was a difficult commute. There are several
traffic signals; however, there is a four lane divided highway through Renaissance Commons
from Gateway Boulevard to Old Boynton Road with no signals and very little traffic. It was built
to take traffic off of Congress Avenue. His other point of concern was the tough economic
climate and budget cuts that would necessitate borrowing the money to refurbish the Old High
School. He hoped no one would lose their job if money could be spent for the Old High School
renovation.
Commissioner Hay seconded the motion.
Mayor Taylor wanted an additional RFP for a City Hall/Police combination also. Vice Mayor
Rodriguez felt it was critically important to keep the projects separate.
Mr. Livergood sought clarification. The proposal was to retrofit an existing building with a
major shift on providing government services with internal parking; totally different than
building a new structure. The RFP has to be comparable to the present proposal. A design
build process is a more lengthy process.
Vice Mayor Rodriguez indicated his motion was for a master RFP with sub RFPs for the other
options. Mr. Bressner noted the two processes would be distinctly different. Mr. Livergood
contended it would be difficult to make comparisons.
Motion
Mayor Taylor made a substitute motion to include Vice Mayor Rodriguez's motion for RFPs for
stand-alone structures and add an RFP for a combination City Hall!Police Department as one
unit.
Vice Mayor Rodriguez contended the proposals should be made in conjunction with the
Downtown Master Plan and not outside of the area. Mayor Taylor wanted the location to be
anywhere in Boynton Beach. Vice Mayor Rodriguez argued the Downtown Master Plan would
be the source of the RFP which includes the Old High School and Town Square. Mayor Taylor
noted it would eliminate all other locations.
Mr. Bressner indicated it was not clear to staff. The alternatives presented addressed every
possible scenario. Vice Mayor Rodriguez argued the proposal totally disregarded the Downtown
Master Plan. Commissioner Ross sought direction if the intent was to strictly abide by the
Downtown Master Plan. Mr. Bressner pointed out there had been no funding to implement any
part of the Downtown Master Plan. It was approved and proposed moving City Hall closer to
Federal Highway. Mr. Bressner suggested a policy decision be made if there should be
consideration of anything west of 1-95 for City Hall. Commissioner Ross and Mayor Taylor
wanted to consider all possible locations. Vice Mayor Rodriguez wanted to uphold the intent of
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
the Downtown Master Plan. Commissioner Weiland wanted to see any options for the Police
Department, and any options for City Hall east of 1-95. Commissioner Hay was in favor of
assessing all options to find what was best for the citizens and City of Boynton Beach.
Mr. Bressner summarized all buildings, anywhere, that could house the Police and City Hall, or
separately and compare it with the stand-alone costs of the High Ridge Road location. There
would be efficiency in space moving into an existing building rather than building a new
structure. Mr. Livergood explained many common spaces are eliminated with an existing
building to create a more corporate environment. A traditional, government environment would
be a stand-alone building. Commissioner Ross agreed it was their responsibility to look at all
options.
Vice Mayor Rodriguez restated the motion to include all the components, using the current land
for the Police station, also including alternate existing buildings and also including the City Hall
Downtown Master Plan east of 1-95 or an alternative location west of 1-95.
Mr. Bressner wanted the RFP returned to the Commission for approval.
Vice Mayor Rodriguez requested extra bonus points be given to developers who include
proposals for saving the Old High School. Commissioners Ross and Hay agreed.
Commissioner Ross seconded the motion. The motion passed 5-0.
X. FUTURE AGENDA ITEMS:
A. Approve the report on disposition of surplus computers. (Tabled on January 6,
2009)- March 3, 2009
B. Proposed Code amendments relating to reclaimed water - March 3, 2009
C. Report on cost sharing options for take-home vehicles (In conjunction with
continued budget discussions) - March 17, 2009
D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
E. Review and consideration of approval of Auburn Master Development Agreement
(Proposed Resolution No. R09-o18) Tabled on January 20, 2009
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
22
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 09-016 RE: Adopting the
Boynton Beach Administrative Amendments to the 2007 Florida Building
Code and Amendments thereto.
Attorney Cherof read Proposed Ordinance No. 09-016 by title only on second reading.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 09-016. Commissioner Ross
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 10:14 p.m.
23
Meeting Minutes
Regular City Commission
Boynton Beach, FL
February 17, 2009
ATTEST:
Yn.P~
t M. Prainito, CMC
Clerk
CIlY OF BOYNTON BEACH
~#~
Jose Rodriguez, Vice Mayor ~
~4...-
Ronald Weiland, commis~
1~~~~#f5-
Woodrow L. Hay, Commission
;?/~~
Marlene Ross, Commissioner
24
DEVELOPM' T ORDER OF THE CITY COMMlf ::>N OF THE
CITY OF BOYNTON BEACH, FLORIDA
P &~_
Building
Enoln",ln;
000. Llcens.
Deputy City CI,"
PROJECT NAME:
Boynton Beach Cancer Center
APPLICANT'S AGENT:
Richard K. Brooks, Jr., AlA, NCARB
APPLICANT'S ADDRESS: 4800 N. Federal Hwy #104B Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT: Request relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H.16.d (19),
requiring 32 parking spaces, to provide 26 spaces; a variance of 6 parking spaces, to
allow an addition to a medical office within the C-1 Office Professional zoning district.
LOCATION OF PROPERTY: 2301 W. Woolbright 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
.L.. 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 "E" with notation "Included".
4.
The Appli<?nt'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:
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BOYNTON BEACH CANCER CENTER
WOOLBRIGHT ROAD & sw 22ND STREET
BOYNTON BEACH, FL
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EXHIBIT "e"
Kimley-Horn
and Associates, Inc.
August 25, 2008
Mr. Richard Brooks
RKB Architects Planners Incorporated
4800 North Federal Highway
Suite B 104 - Sanctuary Centre
Boca Raton, Florida
.
4431 Embarcadero Drive
West Palm Beach, Florida
33407
Re: Boynton Beach Cancer Center
Parking Study
Boynton Beach, Florida
144130004
Dear Mr. Brooks:
Kimley-Horn and Associates, Inc. has completed a parking demand study for the
Boynton Beach Cancer Center expansion site referenced above. The site is located on
Woolbright Road, west of SW 22nd Street in Boynton Beach, Florida.
Parking Demand
The site is proposed to have 26 parking spaces. The requirement, based on City
of Boynton Beach code requirements, is 32 spaces. The site currently consists of
5,180 square feet of medical office with 26 parking spaces provided (26 spaces
are required by code). In the planned expansion, it is desired to expand the
current site to 6,365 square feet of medical office which will increase the parking
required by code to 32 spaces.
Peak Parking Accumulation
To determine the actual peak parking accumulation of the Boynton Beach Cancer
Center, parking observations were performed on August 12-14,2008. As shown
in Table 1, the maximum accumulated parking resulted in 18 spaces for the
existing 5,180 square foot medical office facility. With 100 percent occupancy
and no seasonal adjustment per Shared Parking, 2nd Edition and with a 15%
adjustment factor to allow for an orderly turnover of spaces, the observations
indicated an existing parking demand of 21 spaces or I space per 246 square feet.
Using the 2008 adjusted parking demand rate of 1 space per 246 square feet, the
proposed 6,365 square foot development is anticipated to require 26 parking
spaces. Table 1 summarizes the parking demand calculations.
.
TEL 561 8450665
FAX 561 8638175
EXHIBIT "e"
~=~
Kimlay-Horn
and Associates, Inc.
Mr. Richard Brooks, August 25, 2008, Page 2
Technical Reduction in Parking Spaces Provided
The applicant proposes a technical reduction with regard to the number of required
off-street parking which is proposed to be 26 parking spaces. Adequate parking is
parking which meets the minimum requirement of the City of Boynton Beach or
provides sufficient parking to meet the long-run peak parking accumulation plus 15
percent to allow for an orderly turnover of spaces (26 spaces as determined above).
The proposed 26 parking spaces; therefore, provide adequate parking for the
development.
It should also be noted that the development is located on a constrained site. The
proposed technical reduction allows for reduced parking on this constrained site,
especially when the parking observations indicate that the parking demand is
expected to be less than what is provided. The proposed site plan maximizes the use
of the existing parking areas, while trying to preserve the existing open/green space
and meet the parking requirements of the City of Boynton Beach.
If there are any questions regarding this analysis, please do not hesitate to call.
Sincerely,
KIMLFY -HORN AND ASSOCIATES, me.
Attachments
K:\ WPB _ TPTO\] 441 \30004\082508 parking demand.doc
Count Date
8/12-8/14
Exlsitng
S . Ft.
5,180
Table 1
Parking Observations
Boynton Beach Cancer Center
Exlstin Parkin
Observed
Parkin
18
Pro osed Parkin
Rate (1 space per
XXX s . ft.
246
Maximum Parkin S aces Needed: 26
.......-! _.... Kimley-Horn
~_~ and Associates, Inc.
Copyright e2008. Kimley.Horn and Associares,lnc.
8/25/2008 9:50
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EXHIBIT "e"
Parkina Count
Bovnton Beach, FL
Site: Boynton Beach Cancer Center Surveyors: Dave G.
Date: 8/12/2008
Time Area 1 Area 2 Area 3 Area 4 Total 115%
9:00 5 >< >< >< 5 6
9:15 4 >< >< >< 4 5
9:30 4 >< >< >< 4 5
9:45 5 ':5< >< >< 5 6
10:00 5 >< >< >< 5 6
10:15 6 >< >< >< 6 7
10:30 7 >< >< >< 7 8
10:45 7 >< >< >< 7 8
11:00 6 >< >< >< 6 7
11:15 6 >< >< >< 6 7
11:30 7 >< >< >< 7 8
11:45 7 >< >< >< 7 8
12:00 5 >< >< >< 5 6
12:15 6 >< >< >< 6 7
12:30 5 >< >< >< 5 6
12:45 8 :>< >< >< 8 9
13:00 6 >< >< >< 6 7
13:15 7 >< >< ><:::' 7 8
13:30 10 >< >< >< 10 12
13:45 10 >< >< >< 10 12
14:00 10 >< >< >< 10 12
14:15 10 >< >< >< 10 12
14:30 13 >< >< ><:::' 13 15
14:45 12 >< >< >< 12 14
15:00 8 >< >< >< 8 9
15:15 9 >< >< >< 9 10
15:30 8 >< >< >< 8 9
15:45 10 >< >< >< 10 12
16:00 12 >< >< >< 12 14
16:15 12 >< >< >< 12 14
16:30 11 >< >< >< 11 13
16:45 10 >< >< >< 10 12
17:00 7 >< >< >< 7 8
Supply 26
~_n Kiniey-Hom
1IIo...J_~_~ and Associates, Inc,
Icl..pb _'ptoI144IIJ()(}(U\{fHlrki"g.xisjtU<glZ
EXHIBIT "e"
Parkin Count
Bo ton Beach, FL
Site: Boynton Beach Cancer Center Surveyors: Dave G.
Date: 8/13/2008
Time Area 1 Total 115%
13:00 13 13 15
13:15 14 14 16
13:30 13 13 15
13:45 14 14 16
14:00 13 13 15
14:15 14 14 16
14:30 15 15 17
14:45 11 11 13
15:00 9 9 10
15:15 10 10 12
15:30 9 9 10
15:45 9 9 10
16:00 13 13 15
16:15 14 14 16
16:30 11 11 13
16:45 9 9 10
17:00 8 8 9
Supply 26
111""'1_'-" Kimley-Horn
~_U and Associales, Inc.
k,\wpb _IptoI14411300041lfMr/Ung.x1s/oug 13
EXHIBIT "e"
Parkin Count
Bo nton Beach, F L
Site: Boynton Beach Cancer Center Surveyors: Dave G.
Date: 8/14/2008
Time Area 1 Total 115%
13:00 15 15 17
13:15 14 14 16
13:30 14 14 16
13:45 12 12 14
14:00 15 15 17
14:15 17 17 20
14:30 17 17 20
14:45 18 18 21
15:00 17 17 20
15:15 16 16 18
15:30 15 15 17
15:45 18 18 21
16:00 16 16 18
16:15 18 18 21
16:30 18 18 21
16:45 18 18 21
17:00 12 12 14
Supply 26
ll"""1_n Kmley-Horn
lilIo...J_U and Associates, Inc
k:\wpb _ tpln\ J 44 J\300tJ4\fparJi.ing.xls}aug /4
EXHIBIT "0"
RKB Architects Planners, Incorporated
'" l'I','l<<,'V' '11:' -1hen f\J FeClerd H'!I\' S IIIi B1rl4 Be I Rell(' FL )-l~~. :1(,' 75Cl 366 'AX .)013(146802
arch itectu re
Reg. NO.AA0002344
planning
interior design
- -f
October 29, 2008
Re Boynton Beach Radiation Oncology
Application for Variance
Statement of special conditions, or reasons justifying the requested exception.
A. The existing building has approximately 1000 sq.ft. dedicated to x-ray/individual
cancer treatment room (housing equipment) and is designed to accommodate only
one (1) patient at a time and one (1) medical technician. Each treatment requires
approximately 20 minutes and the proposed second floor addition is designed to
accommodate a second x -ray/individual cancer treatment room. Approximately
2000 sq.ft. of the facility will be housing specialized equipment and will only to
able to accommodate four (4) persons and therefore, at most, four (4) cars are
associated with that 2000 sq.ft. The City code requires medical facilities to
provide one (1) parking space per 200 sq.ft. of floor area, or ten (10) parking
spaces where only four are needed by the operational limitations of the building.
The Parking Study concluded that the current parking area is underutilized and
that the unique nature of the floor plan and specialized operation ofthe facility
demonstrate that special conditions do indeed exist within the building and that
the specialized operation of the facility are peculiar to this facility and not
applicable to other standard medical offices. The nearest similar treatment center
is three miles away.
B. Cancer treatment is a specialized medical treatment that cannot be easily
categorized with standard medical offices, which operate in a different manner,
requires fewer parking spaces due to slower patient turnover and less multiple use
square footage within the building. Again, the Professional Parking Study results
show that the provision of additional parking is unnecessary.
C. Granting the variance will not confer any special privilege to the applicant that is
denied to other properties. This medical treatment use operates in a manner
dissimilar to standard medical offices that typically have a waiting room full of
patients, numerous exam rooms, and move through patients quickly, leading to
the need for more parking spaces. Therefore, due to this dissimilarity, no special
privilege is being bestowed upon the applicant that would not be offered to any
other applicant who demonstrates that they operate in a similar manner.
EXHIBIT "0"
D. The use of approximately 2000 sq.ft. in such a restrictive manner, while having to
provide parking in accordance with a formula designed for standard medical
practices, not only deprives the applicant, but the residents of specialized services
much needed in the area.
E. The variance requested is the minimum variance necessary and the square footage
added is necessary to accommodate a second x-ray/individual cancer treatment
room (housing equipment) and the professional parking study demonstrates that
the building addition will not adversely impact the existing parking.
F. The professional parking study demonstrates that the parking necessary for their
specialized use can be accommodated on site without impacting surrounding
properties. The provision of a second treatment room will positively benefit the
public.
G. Variances to minimum lot area - Not applicable, as a variance to minimum lot
area or lot frontage requirements, is not being requested.
EXHIBIT "E"
Conditions of Approval
Project name: Boynton Beach Cancer Center (nka Boynton Beach Radiation / Oncology)
File number: ZNCV 09-001
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
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. The approval is specifically limited to the subject project, and that subsequent X
occupants of the facility will be required to meet the parking regulations
applicable to their particular use, or have similar parking demand
characteristics as the Boynton Cancer Center.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
'T'. 1. ...letermined. ~
S:IPlanningISHAREDlWPIPROJECTS\Boynton Beach Cancer Ctr #2ICOA Variance. doc
. ,
DEVELOPIV n ORDER OF THE CITY COMMr ~ON OF THE
CITY OF BOYNTON BEACH, FLORIDA
. '(lvelopment
. , 8. Z
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Boynton Beach Cancer Center
APPLICANT'S AGENT:
Richard K. Brooks, Jr. AlA, NCARB
APPLICANT'S ADDRESS:
4800 N. Federal Hwy #104B Boca Raton, FL 33431
-------.--.. ..
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for an approximately
1,000 square foot, second story medical office addition in the C-1
Office Professional zoning district.
LOCATION OF PROPERTY: 2301 W. Woolbright 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 App~nt
_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 "E" 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:
6(-~o-o9
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Cancer Ctr #2\DO.doc
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2300 W Woolbright Rd
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EXHIBIT "e"
Conditions of Approval
Project name: Boynton Beach Cancer Center (nka Boynton Beach Radiation / Oncology)
File number: MSPM 09-00 I
nd I d fi d . h D b 30 2008 PI & Z . d
ki
Reference: 2 review plans i enti Ie WIt a ecem er , anmng 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:
1. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
2. Indicate within the site data the type of construction of the/each building as X
defined in 2004 FBC, Chapter 6.
3. Indicate within the site data the occupancy type of the/each building as X
defined in 2004 FBC, Chapter 3.
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
4. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (pst) on the plans for the building design.
5. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
6. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
A) The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B) If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C) The number of dwelling units in each building.
D) The number of bedrooms in each dwelling unit.
E) The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
7. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
8. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The United States
Post Office, the City of Boynton Beach Fire Department, the City's GIS
Division, and the Palm Beach County Emergency 911 shall approve the
addressing plan.
A) Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
B) United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
DEPARTMENTS INCLUDE REJECT
9. Prior to submitting for permits, work with the City Forester on the ultimate X
relocation plan for the Sabal Palms displaced with the proposed addition, to
ensure that the second story addition is adequately screened from properties
on the north and west.
PLANNING AND ZONING
Comments:
10. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
II. Should the proposed building addition's permit valuation exceed $250,000, X
the applicant is responsible for compliance with Ordinance 05-060, the "Art
in Public Places" program, and must demonstrate their participation.
12. Approval of the Site Plan is subject to Commission approval ofthe associated X
parking variance (ZNCV 09-001).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Cancer Ctr #2\COA.doc
DEVELOPM' T ORDER OF THE CITY COMMI~ 'IN OF THE
CITY OF BOYNTON BEACH, FLORlu1-\
APPLICANT'S AGENT:
Mr. Douglas Peters, 558 Gateway Boulevard, LLC
Oe'feloptnent
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PROJECT NAME:
The Chow Hut
APPLICANT'S ADDRESS:
558 Gateway Blvd, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 17, 2009
TYPE OF RELIEF SOUGHT:
Request a one (l)-year site plan time extension until November 1,
2009, for a building addition to a proposed restaurant on a 0.18 acre
parcel in the C-2 zoning district.
LOCATION OF PROPERTY:
558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west
of North Federal Highway).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff
and the public finds as follows:
1. Application for the 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.
DATED:
6J-d.o-o9
'tn-
7. Other
S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 09-004\DO.doc
EXHIB"~ "All - SITE LOCA"'''ON MAP
CHOW HUT - SPTE 09-004
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CHOW HUT
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BOYNTON BEACH. R.
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ChQw Hut
558 Gateway Blvd.
Boynton Beac~ FL 33435
October 30, 2008
The City' of Boynton Beach
Development Department
Planning and Zoning Division
100 E. Boynten Beach Blvd.
P.O. Box 310
Bdynton Beach, FL 334~.~
J;._.........
RE: Chow Hut
File No: MSPM 05-007
Location: 558 NE 2200 Ave (Gateway Blvd.)
Dear CRA and Commission Members,
EXHIBIT "e",
00 ~ @ ~ D WI:;fQ)
OCT 3 1 2008
PLANNING AND
ZONING DEPT.
We respectfully request a one year extension to our site plan modification approval. My
partner Anthony MaUro and I are very passionate about developing this property
correctly. After hundreds of hours of reviewing and modifying our pl~ weare moving
forward. We have already submitted our stamped finali7.ed plan to the Health
Department By the time this goes to hearing we will be fully submitted to the City of
Boynton Beach. Please ~ this extension.
Sincerely,
Douglas Peters
Owner / Partner
l.
..
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EXHIBIT "D"
Conditions of Approval
Project name: The Chow Hut
File number: SPTE 09-004
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The site plan time extension shall be subject to all previous Conditions of X
Approval corresponding with MSPM 05-007.
Conditions of Approval
The Chow Hut SPTE 09-004
P 2
age
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. ~ I ] ]
S:\Planning\SHARED\ WP\PROJECTS\Chow Hut\SPTE 09-004\COA.doc
DEVELOPM" 'T ORDER OF THE CITY COMMlf ON OF THE
CI ry OF BOYNTON BEACH, FLORIDA
:"lent
PROJECT NAME:
The Learning Place II
I h. ,1 ~
~ i'J't1d'~~Z;\ ,iig
Ot;.\,;, l,lt.i;'1iH',,(;
Deputy City Clerk
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 17, 2009
TYPE OF RELIEF SOUGHT: Request a one (1) year site plan time extension until October 18, 2009,
for construction of a 7,800 square foot day care center on a 0.84-acre
parcel in the R-l-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 "D" 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.
DATED:
& -(}.O-Oq
Yn.
7. Other
S:\Planning\SHARED\WP\PROJECTS\Learning Place II\SPTE 09-003\DO.doc
Exhibit "A" - The Learning Place
Location Map
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Citrus Cove
Elementary School
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.....
PIeHIlT L...
iIOlll" II~ Ntt.u 1U11Ul::j;
lB.".... _II. II-""'J
SITE D"T"
.
.
;
SITe ZONING IlIMll
HINII1lt1 SETBN:KS 25 FRONT.IHO REM
10 SIDES
SITE ^RE" J65ae 9-4 S F
o 14 At
PARKING RBiUIREIlENTS;
SITE "REA BREAK OOllH
." OF SITE
IlINIHIII REQ(JIREIENT ~ACEI 300 S F BUllOING AREA
7&00 00 S F BUILDING AIlEA t I SPACEI 300 5 F BUILDING AREAl 2~ SPACES
PAVEIlENT ARE'" II go I 24 S F
BUILOING fIRE.... "ITH PORCH 1040 00 S F
CURB 475 7 L F . 0 5 237 B5 S F
S loeW"lJ( gOl 7S S F
WIIlL 681 6 L F . 0 67 456 67 5 F
DU'lSTEI I 72 5; S. F
LMDSCIIPIIIG l4en 84 S.F
-"..
IIlll'U1
REOUI RED 26 SPACES PROVIDED
32 53"
21 97" 1351: /W( r
o 05"
2 4'"
I 25"
o 41"
40.65"
"111NII01 HAHOIClll' PARKING SP^CES REOOIREO
SP...CEI 2S REOUIREO PARKING
SPACES ON SITE ( 2 lWIDlCA' 5P^CES REOUIREO 2 W,I()ICII' SP,\CES PROVIIlfD I
Torlll
36S&B 94 S F
100 00 "
.....
___ 01111 ... _
.--
_ _ /UOI'"
.
-,
NOTES
I STOP SIGH .ITH SIGH ON BACK STATING OIlE-IIAY PO IIGT ENTER
2 HO' SIOIl Wllll SIGII IELOW STATlII3 OHE-W"Y lEfT TUR'" ONlY
3 ""lOllS SlW..L IE IWlKED ON P"VEtl:NT IIIlICIITIIlG TlAFFIC DIRECTION
4 PAIIIING LIMES SlW.l. IE 4 WIlITE EXCEPT HOCP SlW.l IE 4 WIDE BLUE
l.IIES
5 CONCRETE CURB STOPS SlW.L BE 2 FROI'I BACK Of 'MKIIlG
~~
GENTRY ENGINEERING &
LAND SURVEY I NG I NC
fla aav ..w- am '.....'_",.'
NOTES THE PIOPOSED FINISH flOOR ELEV"TION " 20 NGVD IS ABOVE
THE NIHIT lot-VI 1lAS.E FLOOD aOATlON ^,,'lICIA8LE TO THE
IUILDING 51 TE AS IlETERllIMED IY THE SFIII) 5 S\.IItFACl: W"TEI
IWWl9EIlJ DEVELOMNT REGLl...T10N5
THE flOOD ZllNE II -tOlE 1 we FtOOO ELEYATlON 15 00
1Yr10l. ..... _Il
IOUt.4 2'
-.
EXHIBIT "e"
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[:5(:\/ k:1 i(~I.:'L. .?~~{::S '7
OCT 2 (j ~i
EXHIBIT "D"
Conditions of Approval
Project name: The Learning Place II
File number: SPTE 09-003
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:
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
1. The site plan time extension shall be subject to all previous Conditions of X
Approval.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Leaming Place Il\SPTE 09-003\COA.doc