Minutes 09-19-17MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY
SEPTEMBER 19, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
PRESENT:
Steven B. Grant, Mayor
Justin Katz, Vice Mayor
Mack McCray, Commissioner
Christina Romelus, Commissioner
Joe Casello, Commissioner
1. OPENINGS
A. Call to Order - Mayor Steven B. Grant
Mayor Grant called the meeting to order at 6:36 p.m.
Invocation
Mayor Grant gave the invocation.
Pledge of Allegiance to the Flag
Vice Mayor Katz led the Pledge of Allegiance to the Flag.
ROLL CALL
Lori LaVerriere, City Manager
James Cherof, City Attorney
Judith A. Pyle, City Clerk
Judith Pyle, City Clerk, called the roll. A quorum was present.
Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Grant requested a discussion on Future Agenda Item G. He indicated on August
15, 2017, Commissioner Casello requested this item to be placed on the Future
Agenda. Mayor Grant stated the item should be removed by the Commission and not by
an individual Commissioner.
Commissioner Casello asked if this was a City policy or a procedure. He requested
clarification. how does it not take a vote to put it on the agenda; but it takes a vote of the
Commission to take it off.
Meeting Minutes
City Commission
Boynton Beach, Florida
September 19, 2017
Mayor Grant indicated he wanted transparency. If anyone wants to have a discussion
on the item, it cannot be discussed because it violates the Sunshine Law.
Motion
Commissioner Casello moved to remove item G from the Future Agenda, seconded by
Commissioner McCray.
Vote
4-1 (Mayor Grant dissenting)
Mayor Grant asked for a motion to approve the agenda as amended.
2. Adoption
Motion
Commissioner Casello moved to approve the agenda as amended, seconded by
Commissioner McCray.
Vote
Unanimously approved.
2. OTHER
A. PROPOSED RESOLUTION NO. R17-086 - Ratification by City Commission of
the Boynton Beach Community Redevelopment Agency (CRA) annual budget for
fiscal year 2017-2018.
Motion
Commissioner McCray moved to approve, seconded by Commissioner Casello.
Vote
Unanimously approved.
B. Conduct Second Public Budget Hearing for FY 2017/2018 Annual Operating
Budget. PROPOSED RESOLUTION NO. R17-087 - Adopt the final millage rate for
the General Fund for Fiscal Year 2017-2018.
PROPOSED RESOLUTION NO. R17-088 - Adopt the Final Budget for the General
Fund and all other funds for Fiscal Year 2017-2018.
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Tim Howard, Assistant City Manager, indicated there were two resolutions before the
Commission for approval. One was the final millage rate, the second, for the final
budget for the General Fund and all other funds.
Mr. Howard indicated the purpose was to adopt the final millage rate and the final
budget for all funds. The total for all funds was $203M. The $83.2M was for the General
Fund which makes up 41.2% of all funds. The City's actual tax increase was 6.43%.
The State Trim calculations over the roll back rate would be 7.4224%. The average
citywide property tax increase was 8.25%. The proposed tax levy was 7.9 mills; these
adjustments were based on Commission actions. A recommendation of $118,000 was
being requested.
Lori LaVerriere, City Manager, explained that the City of Boynton Beach was still
bargaining with Fire and the SEIU unions. Ms. LaVerriere indicated the City has
budgeted a 2.5% pay increase for un -represented general employees. Ms. LaVerriere
noted that she was unsure if a request for a budget amendment would be needed.
Commissioner Casello inquired about the shortfall. Mr. Howard replied that it reduced
the revenue on the revenue fund by $460,000 and it reduced the transfer out of
Sanitation into the General Funds by $400,000. Commissioner Casello noted this
created a shortage to the General Fund by $400,000. Commissioner Casello asked how
the City would cover the shortage. He asked if the City could use the red light camera
funds. Mr. Howard stated with the reinstitution of the red light cameras the City was
able to move the 3 staff members' personnel cost to the Red light Camera fund, which
was $181,000. This freed up and offset part of that $400,000.
Commissioner Casello asked where the $118,000 was coming from. Mr. Howard
responded this would be from the reserves which carried over from prior years. The
General Fund had a fund balance of $16M of which $8.3M was set aside for emergency
reserve. Commissioner Casello noted although it was a minimum amount, the City was
dipping into the reserves to balance the budget. He asked about the vote on the
sanitation ordinance. Ms. LaVerriere stated she believed that the vote failed on a 3-2.
Commissioner Casello said the City continues to dip into the reserve to balance the
budget.
Commissioner Casello asked if Commissioners on the prevailing side of the vote
wanted to change their vote, was that possible. He asked if they so desired could they
request a reconsideration of the vote.
Mayor Grant stated that could be placed on the agenda. He said the Commission would
need to amend the agenda for a reconsideration of the ordinance.
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Boynton Beach, Florida September 19, 2017
James Cherof, City Attorney, indicated this could be done, but it cannot be at the
same meeting. Commissioner Casello requested clarification. He stated even if the
budget passes tonight, the item could come up at a later date for reconsideration. Mr.
Cherof stated the passage of the budget was not -binding on that issue.
Commissioner McCray stated in regards to the budget, he was not voting for the
budget. He was tired of dipping into the City reserves to keep the City going.
Mayor Grant asked for additional comments from the Commission.
Vice Mayor Katz noted that there was a parcel of land that the City owns on Boynton
Beach Boulevard. He indicated Habitat for Humanity was interested in acquiring the
property. He understands this was not on the agenda, but he would ask not to just give
away the property. He would urge the Commission not to pursue giving the property to
Habitat for Humanity. Commissioner Casello indicated that he understands that 2 acres
of land was on Nichols Drive. The City would like that as part of the consideration.
Mayor Grant stated the City was not receiving any revenue from the property. Ms.
LaVerriere asked if this item needed to be placed on the Future Agenda.
Mayor Grant opened for public comment.
Susan Oyer, 140 SE 27 Way, indicated she was all for this. This was a great idea. She
hated that money was being taken out of the City Budget. The City needs to purchase
another truck. Ms. Oyer stated that the only problem she has was that the trash does
not have a schedule.
Cindy Falco-DiCorrado, 316 NW 1St Avenue, stated that her trash has not been
picked up for three weeks. After three weeks the recycling was picked up. This was
prior to the hurricane. To give an increase for a service that was not received was very
frustrating. She was against raising money for waste management.
Commissioner Casello asked if she called the City and if so, to whom did she speak.
Ms. Falco-DiCorrado indicated that her neighbor called many times. Commissioner
Casello asked about the City of Boynton Beach's response. Ms. Falco-DiCorrido was
told by her neighbor the City was coming. She indicated they never showed up. Her
neighbor stated it was because they were not in an affluent area, so they were left
behind. Commissioner McCray indicated that he heard the same thing. Commissioner
Casello stated for the record, that he does not believe that anyone on the City of
Boynton Beach staff would say such a thing. The department heads or the staff would
never say anything like that. Commissioner Romelus stated she would echo that
sentiment as well. She stated if there are some problems with staff please email Jeff
Livergood. She continued to say Mr. Livergood takes his job very seriously. The City of
Boynton Beach does not place a rank based on affluence.
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Commissioner McCray asked the City Manager to follow up on what was being said. He
indicated that the City has a problem with customer service.
Mayor Grant indicated the property that Habitat for Humanity was interested in was
currently not generating any type of revenue. If Habitat for Humanity expressed an
interest it would begin to generate revenue from the homes being built.
Mayor Grant indicated the City has been using Sanitation funds for years, and
Sanitation has not been able to keep up with the internal needs of the fleet.
Attorney Cherof read PROPOSED RESOLUTION NO. R17-087 - Adopt the final millage
rate for the General Fund for Fiscal Year 2017-2018.
Mayor Grant asked for a motion to approve the final millage rate.
Motion
Commissioner Casello moved to approve, seconded by Commissioner Romelus.
Vote
Unanimously approved.
Attorney Cherof read PROPOSED RESOLUTION NO. R17-088 - Adopt the Final
Budget for the General Fund and all other funds for Fiscal Year 2017-2018.
Mayor Grant asked for a motion.
Motion
Commissioner Casello moved to approve, seconded by Vice Mayor Katz.
Vote
4-1 (Commissioner McCray dissenting)
C. Informational items by Members of the City Commission
Vice Mayor Katz stated he had nothing to report.
Commissioner McCray asked if the City could get the word out on how to separate
garbage for pick-up.
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Mayor Grant noted he was on national television, (MSNBC). On the 16th he attended
the POW and MIA remembrance at Veterans Park. Also attended the County
sponsored barbeque with Florida Representative Mack Bernard and County Firemen.
Received comments on how the Public Works Department contacts residents. Mayor
Grant suggested a volunteer list of emails and telephone numbers from City residents. .
Attended the Historical Society of Boynton Beach and a talk was given from a Farmers
Perspective.
Commissioner Romelus said hopefully everyone was safe after the storm. Introduced
the Mayor of Saint -Marc, Odelair Pierre, also the President of the Mayors' Association
of Haiti.
Commissioner Casello stated that this was his first hurricane. He had the pleasure to
spend some time at the EOC and thanked the staff for the great sacrifices. On Saturday
he was at the Green Acres Public Library. He spent some time with State
Representative Lori Berman and Senator Jeff Clemens regarding FEMA disaster
assistance. Commissioner Casello hoped that the City could have an area in Boynton
Beach for FEMA sign up. Commissioner Casello read a public notice from the Golf
Course relating to the new greens and reopening of the courses.
Mayor Grant announced a Hurricane Irma Drive. Saturday, September 23, was the 1 st
Boynton Beach Art District event. That event was from 6-10 pm, there would be food,
music and the art walk.
Commissioner McCray stated he was concerned that the Boynton Beach Wildcats are
losing revenue to the food trucks parked outside of the park. He requested the City
Manager provide any policies relating to food trucks and the sale of food items at local
events.
3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND
PRESENTATIONS.
A. Announcement of recent national, state and local awards received for the City's
marketing and program initiatives.
Mary DeGraffenreidt, Recreation Parks Department Events and Program Manager and
Eleanor Krusell, Public Communication Manager, announced that the City recently
received 10 national, state and local awards for marketing and program initiatives. The
City received 6 awards from the Florida Festival of Events Association. The Florida
Festivals & Events Association (FFEA) supports event industry professionals through
professional development, networking and educational opportunities. Since 1994, FFEA
has grown to represent 500 members in the Special Events Industry in Florida including
major festivals, fairs, non-profit organizations, Chambers of Commerce, tourism and
government agencies.
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Membership represents over 3,500 events with an estimated buying power of $198
million per year. Ms. DeGraffenreidt indicated there were over 400 entries. Awards were
received for The Yappy Happy Hour, Police K9 Competition, Photo category,
Recreation and Parks Volunteer program. Also received 3rd place for City's annual
report.
Eleanor Krusell, Public Communication Manager, indicated the City was notified last
week they would receive a 2nd place award for the printed publication for its annual
report. There were over 700 entries submitted and judged.
Ms. DeGraffenreidt indicated she was proud to represent the City which prides itself on
quality services.
Mayor Grant stated that he wanted to congratulate staff for all of the work with updating
the website with information regarding Hurricane Irma.
Commissioner McCray thanked both Ms. Krusell and Ms. DeGraffenreidt.
B. Proclaim October 5, 2017 as Energy Efficiency Day in the City of Boynton
Beach.
Mayor Grant read and presented the Proclamation to Rebecca Harvey.
Rebecca Harvey, Sustainability Coordinator, accepted the proclamation. She was
pleased residents are using less energy to provide the same services, by making
improvement including more efficient appliances. She stated the cost and upgrades
usually are recouped quickly. She stated this was an attractive first step, not only to
reduce household and business cost, but to reduce carbon emissions. The City has a
Climate Action Plan, which establishes the goals and strategies to reduce greenhouse
gases and emissions. Through energy efficiency combined with other strategies, the
City is meeting its goal. The City plan was to observe the Energy Efficiency Day through
a social media campaign about the national organization with a light bulb challenge for
the residents and businesses. She indicated that it also focuses in on the Energy Edge
Rebate Program. This program uses revenue collected in the Green Building Program
fund to supply rebates to homes. Noted that since the inception of the program the City
of Boynton Beach has provided 49 rebates totaling more than $44,000.
Commissioner McCray asked if this information would be on the City's website.
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4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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)
Susan Oyer, 140 SE 27 Way, inquired if the City of Boynton Beach participated in
CERT (Community Emergency Response Team).
Ms. LaVerriere indicated that the City has a very strong program administered by the
Fire Department. The Boynton Beach CERT has upcoming training. Ms. Oyer indicated
other Cities are not aware of the City of Boynton Beach program. Mayor Grant
requested that information be placed on social media, letting the residents know there
was new training coming up.
Ms. Oyer noted the City does not have the City Seal behind the dais. Mayor Grant
indicated that Mr. Groff will get a new seal.
She understood there was a tree ordinance. She asked if this ordinance could be
enforced? The City needed to do something about the tree problem. There were all
types of trees everywhere. Some people were grandfathered in. This has become a
problem and maybe we should begin enforcing the policy, not be allowing residents to
plant trees under the lines.
Cindy Falco-D!Corrado, 316 NW 1 Ave, wanted to make it known that on Searcrest
there was an accident. She indicated 911 was called. Why did it take 20 minutes and
two phone calls to get the police to the accident? She indicated the police station was a
block away
Mayor Grant stated seeing no one else coming forward, public comment was closed.
5. ADMINISTRATIVE
A. Appoint eligible members of the community to serve in vacant positions on City
advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and
Nonvoting Stu (NN Stu) openings exist:
Arts Commission: 2 Alts
Building Board of Adjustments & Appeals: 3 Regs and 2 Alts
Employee Pension Board: 1 Reg
Library Bd: 1 Alt
Senior Advisory Bd: 1 Alt
Mayor Grant stated that no applications were received.
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6. CONSENT AGENDA
September 19, 2017
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. PROPROSED RESOLUTION NO. R17- 089 - Authorize the Mayor to sign the
application and agreement for Library State Aid to Public Libraries Grant for
FY2017-2018.
B. Approve utilizing the Palm Beach County School Board contract #16C -7T with
Stokes Mechanical Contractor, Inc. of Lake Worth, FL to replace coils and repair (2)
two carrier package units for the West Water Treatment Plant in the amount of
$48,542. PBC School Board procurement process satisfies the City's competitive
bid requirements.
C. Approve funding in the amount not to exceed $12,000 for a Commercial Rent
Reimbursement Grant to South Florida Stairs, Inc., 2901 Commerce Drive NW,
Boynton Beach, FL 33426.
D. Accept the written report to the Commission for purchases over $10,000 for the
month of August 2017.
E. Legal Expenses - August 2017 - Information at the request of the City
Commission. No action required.
Commissioner Casello stated he asked to have the invoices published on the Consent
Agenda. He was going through the invoices. There was an invoice for $1,790.50. He
explained the hourly charges were $160 and $140. The City of Boynton Beach was
being charged a parking fee of $1.
Mayor Grant asked for a motion to approve.
Motion
Commissioner McCray moved to approve, seconded by Commissioner Casello.
Vote
Unanimously approved.
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F. Approve the minutes from the Special City Commission Workshop - Update on
Town Square held on August 21, 2017.
Mayor Grant requested a motion to approve the Consent Agenda.
Motion
Commissioner McCray moved to approve the Consent Agenda, seconded by
Commissioner Casello.
Vote
Unanimously approved.
7. BIDS AND PURCHASES OVER $100,000
A. Approve issuing purchase orders for the purpose of rehabilitating sidewalks in 11
separate projects that span 8 communities. Cobra Construction, Inc. of Boynton
Beach in the amount of $136,608, plus a 10% contingency in the amount of
$13,700 for a total cost of $150,308 and; The Paving Lady, Inc. of Boynton Beach
in the amount of $18,000, plus a 10% contingency in the amount of $1,800 for a
total cost of $19,800. This sidewalk project was divided into 11 projects in order to
allow local businesses within Boynton Beach to quote on individual projects and to
allow the city to award individual projects as opposed to issuing a formal bid for all
projects together.
Commissioner McCray thanked staff for putting this item on the agenda.
Motion
Commissioner McCray moved for a motion to approve, seconded by Commissioner
Romelus.
Commissioner Romelus inquired if this was part of the Building Wealth in the
Community program. Ms. LaVerriere replied that this was the first step. She indicated
that this would normally be a very large project. It has been broken down into 11
projects. This was the very first step in the changes to the City's procurement process.
Commissioner Romelus informed the audience that the two businesses that have been
awarded a contract were Cobra Construction of Boynton Beach and the Paving Lady of
Boynton Beach. Both these businesses are from Boynton Beach.
Ms. LaVerriere stated that sometimes there was a misnomer that local may cost a little
more. She stated that the local businesses had the lowest bid.
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Vote
Unanimously approved.
8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None
9. PUBLIC HEARING
7 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.
A. PROPOSED ORDINANCE NO. 17-023 - SECOND READING - PUBLIC
HEARING - Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV
17-007) — Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3,
and 4 to continue implementing Community Redevelopment Plan recommendations
with changes in the Future Land Use classification scheme, and establishment of
the new R-4, Multi -family Residential Zoning District including amendments and
additions to definitions, and use and lot standards. City initiated.
Attorney Cherof read by title only PROPOSED ORDINANCE NO. 17-023 on SECOND
READING PUBLIC HEARING.
Mike Rumpf, Planning and Zoning Director, indicated this was another installment to
the proposed amendment to the Land Development Regulations (LDR) as required by
the CRA Plan. Mr. Rumpf stated that most of the changes were for the titling within our
Land Use and Zoning scheme. A more complete update would be available soon. This
would be an all-inclusive Land Development Regulation. There are a couple of tables
that were presented, which were taken directly from the CRA plan.
Mr. Rumpf continued with the Summary of proposed amendments; the Moderate
Density Residential Land Use classification was being eliminated. The zoning districts
underneath it are being merged under the Low Density Residential classification. The
Medium Density Residential Land Use classification density was being increased from
10 dwelling units per acre to 11 dwelling units per acre, because of the R-3 district
which would correspond with the High Density Residential Land Use (HDRLU) being
moved underneath the HDR being repurposed to correspond to the new density group
of 15 du/acre. This splits the difference between what the City has as a high in a
conventional group of 10 or 11 du/acre, and the 20 du/acre allowed under the Special
High Land Use classification. He pointed out the new R-4 zoning district would fall under
new High Density Residential Density.
Mr. Rumpf indicated there were many changes to the titles. He stated currently the City
use for the Mixed Use Low 1, Mixed Use Low 2, Mixed Use Low 3, and Mixed Use
Core. These are being renamed to Mixed Use Low, Mixed Use Medium and Mixed Use
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High. Also one of those has a density adjustment of 40 du/acre to 50 du per acre. Some
are splitting between the 20 du/acre on the low end and 80 du/acre on the high end.
He noted there are no pending development applications for the new R-4 zoning. This
was from the CRA Plan there was an area the High Density Residential new (HDR),
which would have the R-4 correspond with it would be recommended in the vicinity in
Heart of Boynton area, this would not be the only option.
He continued to say the Workforce Housing Ordinance has been updated. There are
some updates to the LDR with references to the new CRA Plan, edits to add clarity and
eliminate redundancy. Mr. Rumpf noted the sections affected was the Zoning District
and titles for the definitions, FLU and the Zoning District relationships, Building and site
regulations and the R-4.
Commissioner Casello indicated that the City just moved some numbers around. Mr.
Rumpf replied that there was nothing hidden. Commissioner Casello stated for
discussion purposes it needs to be very simple.
Mayor Grant had a question on Table 3-1, would the townhomes fall under R-3 zoning.
Mr. Rumpf stated that there may be some exceptions in the Code. The townhomes fall
under the multifamily classification.
Mayor Grant inquired as to the building heights, would R-4 and R-1 be the same. Mr.
Rumpf indicated the R-1 was in the single family district which has a maximum height of
30 feet. R-3 Multifamily classification has a maximum height of 45 feet. In most respect
there was a mirror of the R-3.
Mayor Grant inquired for the duplex when the lot frontage was 75 feet; he asked if this
was for each unit or the total. Mr. Rumpf stated that it was for the total. Mayor Grant
asked if all multifamily units must have 100 feet footage, for the entire unit. Mr. Rumpf
responded that multifamily was a project. Mayor Grant asked if a developer was building
a 650 square feet building, could the square footage be reduced if it was in the R-4
district. Mr. Rumpf indicated not without an amendment.
Mayor Grant asked if there was any downside in reducing the minimum in the R-4
district. Mr. Rumpf said there was a trend to downsizing. They would see it in the
multifamily and the Mixed Use districts. There are minimum size limits in the Mixed Use
district. Mr. Rumpf indicated they would take a closer look, during the audit.
Mayor Grant opened the issue up to public comment.
Susan Oyer, 140 SE 47 Way, indicated if this goes through, her family would potentially
make money. She was personally against this. She asked the Commission to look at
the long term impact for the potential misuse of the new R-4 zoning; it was already
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September 19, 2017
happening in Delray. She asked to pull the R-4 out of it. Who wants to wake up next to a
four story apartment building? It would hurt her property values.
Commissioner Romelus asked for an area in Delray that this was happening. Ms. Oyer
stated that she had no idea. She can only assume that the construction has started and
not yet completed. Commissioner Romelus asked if Ms. Oyer could give her an area in
Delray.
Mayor Grant inquired that he owned a 1/3 of an acre across the street, which would be
in the HDR zoning area. He asked could that 1/3 of an acre potentially have a four story
building on that parcel. Mr. Rumpf stated given the conviction and fear that was heard
from the last speaker, regarding potential misuse, he stated that there was no
correlation between what was being proposed in Delray Beach and Boynton Beach. Mr.
Rumpf stated the City was not purposing the elimination of the zoning review criteria.
He stated there still a due process. He said there would still would propose anything to
be reviewed against the review criteria and the zoning regulations, such as compatibility
issues, as well as density issues. He said an applicant can say that it was
recommended in the CRA Plan; it would still come before Staff, the Board and the City
Commission as an application. The answer was difficult. Anyone can petition for it, but
it would be reviewed against the CRA plan, the Comprehensive plan and the zoning
criteria.
Mayor Grant said that he see that the R-1 maximum height was 30 feet, whereas the R-
2 was 25 feet, so you don't have a duplex where there is higher than 25 feet. Mayor
Grant asked if the parcel of land he spoke about earlier had 100 square feet frontage,
could a potential four units building have a height of 45 feet. He also asked if this was
currently allowed. Mr. Rumpf stated they could petition for the rezoning, and a Land
Use reclassification. Mayor Grant asked if this was not a permitted use. Mr. Rumpf
indicated this was a residential project, if the project met all of the criteria of the R-4, it
would be permitted. The entry point is the rezoning and the Land Use classification
process, which gives the City the highest scrutiny in reviewing. he continued to say this
was not a planned district it was a rezoning. Anything that would be allowed in it would
be reviewed as a quasi-judicial process, consistent with the LDR.
Mayor Grant asked if a one story house next to a four story multifamily house, which is
currently in the process, because this would be an older section of the community, what
would be the distant that was allowed. Mr. Rumpf stated that the R-4 do not have any
type of little twist, he stated they would be allowed. Mayor Grant stated that they would
be allowed to build up to the four stories. Mr. Rumpf stated if it was zoned R-4, what
would be the recommendation. Mr. Rumpf stated the Future Land Use zoning would be
High Density Residential.
Mayor Grant stated that was part of the Future Land Use (FLU) it would not necessarily
going to be zoned to R-4. He inquired if someone wanted to make it into a duplex or an
R-3, is that something that would be allowed if it was zoned R-4. Mayor Grant asked if
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this was currently zoned as High Density Residential (HDR). Mr. Rumpf replied that
was the recommendation. Mayor Grant noted that it was currently zoned mostly R-1.
Mr. Rumpf replied the current zoning was R-1 or R-2. Mayor Grant asked if it can go
from R-1 to R-2 if the Future Land Use is R-4. Mr. Rumpf replied that R-4 was zoning,
so the Future Land Use would be HDR, if it was HDR in R-4 the applicant could build
town homes underneath it as well. Mayor Grant asked if it is in the FLU is HDR or the
new R-4 and it was currently zoned as R-1 or R-2, can the applicant get the R-2 or the
R-3 zoning, or is it only from R-1 to R-4. Mr. Rumpf replied staff frequently was
confronted with question on which properties can be developed as. The first thing that is
done was to look at the CRA Plan, if it was within the CRA area, to see what the
recommendations are. There may be strong recommendation from staff, it is either you
are in compliance and staff would support or not in compliance then staff would not
support. Mayor Grant stated that he would be voting against this, if you could only go to
R-4 from R-1 that is currently zoned.
Mr. Rumpf indicated just because it was recommended does not mean that it would be
put into place. The City would need to go back and revisit. This was the recommended
Land Use pattern. If someone came in with something that was against the vision of the
CRA plan, they Commission could vote against it.
Mayor Grant stated allowing the possibility, does not automatically allow R-4 being built.
Commissioner Romelus asked if it was possible to place a conditional use on a
property. She explained if a developer wanted to use the R-4 zoning it must be
contiguous with what was already there. She continued to say she did not want a
developer to come in and buy up pockets of land and apply for an R-4 zoning
designation.
Mr. Rumpf indicated that that would not be the recommendation. The question becomes
how long the Land Use continue, when you are trying to redevelop the area. That would
prevent the City from implementing any plan. The CRA had the same issue, to prevent
the incapability, if they do not move out that last property. It could be changed when the
price is right or the property was passed on to an heir.
Commissioner Romelus noted if someone accumulates property, how can the City
prevents the person or company from building a condo or an apartment building in the
middle of single family homes. Mr. Rumpf explained the Commission has the right to
review criteria. The criterion was very stringent. Commissioner Romelus surmised
when the developers have met all criteria, they could build. Mr. Rumpf cautioned if their
positioning was off, then the project would be incompatible. Commissioner Romelus
asked what can be done if the positioning was off. Mr. Rump noted if there are criteria
that can be used to deny permits, then the permit can be denied.
Mayor Grant indicated the HDR is in the Cottage district.
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City Commission
Boynton Beach, Florida September 19, 2017
Mayor Grant asked for a motion to approve Ordinance 17-023.
Motion
Vice Mayor Katz moved for a motion to approve, seconded by Commissioner McCray.
Vote
City Clerk Pyle call the roll, the vote was 5-0.
B. (1) PROPOSED ORDINANCE NO. 17-024 - SECOND READING - PUBLIC
HEARING - Approve The Villages at East Ocean Avenue - North Future Land Use
Map Amendment (LUAR 17-002) from Local Retail Commercial (LRC) to Mised Use
High (MXH). Applicant: Arthur B. D'Almeida
Attorney Cherof read by title only PROPOSED ORDINANCE NO. 17-024 - SECOND
READING PUBLIC HEARING.
Bradley Miller, Miller Land Planning, requested to present all items at once. He also
stated the Items D & F should be removed from the table.
Mayor Grant advised he was ok to have these presented at the same time. Attorney
Cherof stated that they would require separate discussions.
Mayor Grant asked for a motion to remove items D & F from the table.
Motion
Commissioner McCray motion to remove item D & F from the table, seconded by Vice
Mayor Katz.
Vote
Unanimously approved.
Mr. Miller indicated this project has gone through the review process. The process was
started about two years ago. He stated through the CRA redevelopment plan process,
this has been broken down into two different projects. He continued that there was a
Land Use amendment, Abandonment of rights of way and alleys. These are old paper
alleys. These are housekeeping issues.
The redevelopment plan for the north parcel has this area as Mixed Use High. The
Mixed Use High allows density of 100 units per acre and a maximum height of 150 feet.
The southern parcel was designated as Mixed Use Medium. It corresponds with the
Town Square property. In the application it was 50 units per acre, with a density bonus
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City Commission
Boynton Beach, Florida
September 19, 2017
for TOD. The train station would be located in the center of the TOD, allowing for the
density bonus.
(Commissioner Casello left the dais at 7:56 pm return 8:00 pm, Commissioner Romelus
left dais at 8:00 pm returned at 8:04 pm)
Mr. Miller indicated that he would begin with item B and D, the abandonment covers
both. We are requesting a Land Use amendment to go from local retail commercial to
Mixed Use High, follows the CRA development plan and recommendations. He wants a
rezoning from C-3 and C-2 to mixed use core. This was a mixed use project. From a
residential point, it serves that market for that space, the project access, the access
point was on Third Street was on the west side of the property and the railroad would be
on the east side. The third street area was chosen street rather than using the Boynton
Beach area. The pink arrows are the pedestrian lead to allow the resident or visitor to
enter or exit the property. He continued along the road way stating there was a
connection. He stated that they have pedestrian zones, and retail space. On the east
side of the property it was fenced, this was for safety purposes. He stated there are 79
trees required, of which 72 are shade trees. He showed the ground floor footprint.
There was a corner accessible, the yellow was accessibility units, the darker blue areas
was the recreational area, the club house, the spinning room, fitness area, it would be a
great space for the residents to use. It fronts onto Boynton Beach Boulevard. The
commercial space was just less than 4000 square feet; a little more than 8000 feet was
along Ocean Avenue. The gray area was the parking garage. There are about 644
parking spaces within the garage.
Commissioner Casello inquired about the commercial space on Boynton Beach
Boulevard and asked if there would be some on/off-street parking. Mr. Miller indicated
there are three on street parking spaces along Boynton Beach Boulevard. There are 10
or 11 spaces on 3rd Street; also there was parallel parking along Ocean Avenue. He
stated when you get into the upper residential floors there was a diversity from studios
to 3 bedroom apartment. The elevations are looking from Ocean Avenue. The tallest
spot would be on Ocean Avenue.
Commissioner Casello asked if that was commercial space on the second floor. Mr.
Miller confirmed. Once it steps backs it goes to about 63 feet. This was the area of
commercial space along Ocean Avenue. All units have balcony or patios.
Commissioner Casello asked if the walkway was going to be lighted. Mr. Miller
confirmed it would be lighted. In the nighttime hours it maybe gated off. He indicated the
City staff requested that the gates be removed.
Commissioner Romelus asked if the walkway was concrete. Mr. Miller replied that it was
crushed shells and landscaped.
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Boynton Beach, Florida September 19, 2017
Mr. Miller pointed out the there was a medium residential area that would face the
tracks. In the previous meeting a few questions came up regarding retail space as well
as the size along the Ocean Avenue.
Mayor Grant inquired if there was a difference with live/work or work/live? Mr. Miller
stated that there was no difference by Boynton Beach Code.
Commissioner McCray noted when he met with everyone he was in agreement with the
79 trees. After the hurricane; he saw so many trees down, that he wanted to place less
trees. He believed that they were coconut trees. Mr. Miller indicated that the type of
palms being placed were Sabal Palms and Sylvester Palms. Commissioner McCray
stated that he saw coconuts in the roadway after the hurricane.
Dave Volker, 601 North Congress Avenue, explained that the landscape would have
Cathedral Live Oak on 3rd and Ocean. The corners of the plaza would have some
Sylvester Date Palms. He indicated the plaza off of 3rd would have some Foxtail Palms.
Commissioner McCray inquired how long does it take for these plants to take root.
Mr. Volker stated that Live Oak were the toughest trees.
Mayor Grant indicated that it does have to do with the maintenance of the tree. He
continued to say that the trees needed to be pruned before June or July, before the
hurricane season.
Mr. Volker reported what was planned to be placed in the ground was the Cathedral
Live Oak. They grow more vertical, you will not get the canopy effect.
Commissioner Casello asked about the height of the trees. Mr. Volker indicated they
would grow between 35-40 feet.
Mr. Miller indicated he had some exhibits for the live/work units. The commercial space
was on the ground level. Internally there were stair cases that lead to the residential
area above. The way in which the City Code read now, the residential must have a
business tax receipt on the ground level. What they envisioned was an artist or other
professionals. Our suggestion would be to convert that commercial space to a live/work
space.
Mayor Grant wanted the number of parking spaces. Mr. Miller stated that there are 644
parking spaces in the garage.
Mr. Miller said the first floor was open to the public.
Mayor Grant asked if there would be a short time parking for delivery or Uber. Mr. Miller
stated that there would be a space in front of the office.
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City Commission
Boynton Beach, Florida September 19, 2017
Commissioner Casello asked if the businesses would have some type of valet services.
Mr. Miller indicated that it could have some type of valet situation. We are hoping for
that type of growth. He feels that the space would be adequate for parking.
Commissioner Casello asked about the three spaces in front of the business, did he feel
that would be adequate parking. Mr. Miller noted there was parking on the street as well
as in the garage.
Commissioner Casello asked if business customers would have a time limit on parking.
Mr. Miller advised no decision has been made at this time. It would be controlled with
management.
Mr. Miller informed the Commission he was ready to address items B and D. He was
ready to proceed to the southern parcel.
Mayor Grant opened the issue for public comments.
Cindy Falco DiCorrado, 316 NW 1 Avenue, stated most of the community seem to like
the Mediterranean contemporary look. She asked this design flow with the presented
style. She understands that on the east side it would go lower, with the recessed
backing. With the new downtown area, would there be continuality. Mr. Miller stated that
the City requested a Coastal Village theme.
Juan Caycedo, Architect, 14 SE 4 Street, indicated the idea was to create a village on
Ocean Avenue, the scale will be maintained. The building would be articulated. Ms.
Falco-DiCorrado stated the building that she was looking at looked very contemporary.
Commissioner Romelus stated that she believes what she was referring to was Town
Square. Ms. Falco-DiCorrado stated this was shifted. She said it does not feel a part of
the whole project. Mr. Caycedo noted that with the creation of the City of Boynton
Beach new downtown area, it would fit in very nicely. He indicated that the building was
very traditional, but would fit in with the Town Square project.
Susan Oyer, 140 SE 27 Way, wanted to know what happened to former Commissioner
Fitzpatrick's questions about train access. He asked if there would be some type of
adaption from Boynton Beach Boulevard. If the City was pushing for the train station,
they should create access. She suggested that privately held condo buildings on the
corner of Ocean and third, the City could possibly purchase those units from the
developers, and then make those into green space. What was the status on the paints,
if we are this great green City, why are we doing color and paint wise? Are we doing
solar panels on the roof? There was not enough handicapped parking.
The bulk of the population was elderly. They would need additional handicap spacing.
Ms. Oyer continued and asked if the City would be adding any charging units/stations to
the garage. She stated this was a great plan.
(Commission McCray left dais 8:38 pm)
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Meeting Minutes
City Commission
Boynton Beach, Florida
September 19, 2017
Mr. Miller stated that the handicapped parking space was a federally regulated program
in which the developer complies with all regulations. The condo building and the pocket
park, there are two other property owners, in addition with the D'Almeda's, there was
another owner of a unit. Mr. Miller stated his client was open to discussion regarding the
sale of the condo units. Regarding the train accesses were across the railroad crossing.
He indicated there were some safety issues. The FEC has placed fences for safety
purposes.
Ms. Oyer asked if the parking garage side would be open to pedestrians to walk across
the tracks. Mr. Miller indicated that it would be closed.
Mayor Grant asked if there was a cover. Mr. Miller indicated yes.
(Commissioner McCray returned 8:43 pm)
Ms. Oyer asked if the developer was going to use reflective paints. Mr. Caycedo
indicated that paints have not been chosen. The developer indicated that they have not
looked into the solar panels on the roof. The market was really calling for the electric
stations for cars. He indicated that this was a market driven response.
Commissioner Casello said that in conjunction with Town Square, would the Village be
tied into that. Mr. Miller replied that it would benefit the project to use the chiller plant.
There are plans to plug into the chiller.
Commissioner Romelus asked if there were any design changes needed to work along
with that energy system. Mr. Caycedo indicated they would need to have more input
from the staff, of what was being designed. Hopefully that would be in place before the
building was completed.
Colin Groff, Assistant City Manager, stated the City had not met with them as of yet.
He stated they will get with them within the next week. He noted the City can provide
the services, but they needed to receive the approval first. The project could move
forward with hooking up to the chiller.
Commissioner Casello asked if this goes through, when the shovel in the ground, will be
ready to break ground. Mr. Miller remarked his client has been waiting for two years.
Vice Mayor Katz inquired if the City entered into the agreement with the new power
system for properties outside of the City limits, how the City make sure that the
language is in the agreement that the savings are passed on to the residents. Mr. Groff
indicated the City was working on that now. In rental units, it was difficult to say. When
residential units are done, it could be a single bill to the owner and they put it into the
rent. They can use a sub -meter. What was happening now, the City was building a rate
structure and plan. The idea was to bring the cost to them that would be a little bit less.
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Meeting Minutes
City Commission
Boynton Beach, Florida September 19, 2017
Mr. Miller stated that in summary on the North parcel, Land Use change, there are two
changes with converting a retail space to live/work space along Boynton Beach
Boulevard which would require a condition of approval, as well as the modification to
expand the plaza area on Ocean Avenue, which would require a condition of approval.
Mayor Grant asked for a motion to approve Ordinance 17-024.
Attorney Cherof read PROPOSED ORDINANCE NO. 17-024 - SECOND READING -
PUBLIC HEARING — by title only.
Motion
Commissioner McCray moved to approve, seconded by Commissioner Romelus.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
(2) PROPOSED ORDINANCE NO. 17-025 - SECOND READING - PUBLIC
HEARING - Approve the Villages at East Ocean Avenue - North Rezoning (LUAR
17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to
MU -C, Mixed Use Core District with a proposed site plan for 336 multi -family units
and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida
Attorney Cherof read PROPOSED ORDINANCE NO. 17-025 - SECOND READING -
PUBLIC HEARING — by title only.
Mayor Grant asked for a motion to approve Ordinance 17-025.
Motion
Commissioner McCray moved to approved, seconded by Commissioner Romelus.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
C. PROPOSED ORDINANCE NO. 17-026 - SECOND READING - PUBLIC
HEARING - Approve request for abandonment of a portion of rights-of-way (ABAN
17-002 through ABAN 17- 006) consisting mostly of unimproved streets and alleys
between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard
south to SE 1 st Avenue, in conjunction with request for major site plan modification
approval of the Villages at East Ocean mixed use project. Applicant: Arthur B.
D'Almeida.
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Boynton Beach, Florida
September 19, 2017
Attorney Cherof read PROPOSED ORDINANCE NO. 17-026 - SECOND READING -
PUBLIC HEARING - by title only.
Mayor Grant stated that he spoke with Andrew Mack, Building Director, we are not
giving the property directly to the Villages of Boynton the City will be giving the property
to the property owners. Because of the development that was going through, they are in
charge of paying for all of the utilities underneath. The City of Boynton Beach is going
to get improved with all the utilities underground as well as the value of the property that
was above.
Mayor Grant asked for a motion to approve Ordinance 17-026
Motion
Commissioner Romelus moved to approve, seconded by Commissioner Casello.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
D. Approve The Villages at East Ocean Avenue - North Major Site Plan Modification
(MSPM 17- 003) request for a mixed-use development consisting of an eight (8) -
story building with 336 dwelling units, commercial space, and associated
recreational amenities and parking on a 3.379 acre site. Applicant: Arthur
D'Almeida.
Mayor Grant asked for a motion to approve with the additional request with the 400
square feet and the live/work on the retain option on Boynton Beach Boulevard.
Motion
Commissioner McCray moved to approve, seconded the motion with the conditions of
approval by Commissioner Romelus.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
Mayor Grant stated he would like to place those two additional requests, of adding the
extra plaza space of 400 square feet and adding the live/work on the retail option along
Boynton Beach Boulevard.
Mike Rumpf stated staff supports the applicant expanding eastward on Ocean Avenue,
that was consistent with the regulations. However, on Boynton Beach Boulevard staff
does not see a live/work unit in compliance with the commercial requirement on
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Boynton Beach, Florida September 19, 2017
Boynton Beach Boulevard. Mr. Rumpf indicated that would require some type of relief,
which staff would not recommend. The other option would be some amendment to the
regulations. This can be done if the Commissioner would prefer. This may be
challenging to write in such a way that it does not have a ripple effect to deteriorate the
vision in the main corridor downtown.
Commissioner Casello asked what the difference was if someone was commercial
space downstairs and lives above it. Why was this a big deal?
Mr. Rumpf replied the applicant was speaking about a destination type use. A client
knowing where they are going does not contribute as a destination type use. The
live/work unit will be very small. There are restrictions in the live/work units; there are
regulations on the parking and the size.
Commissioner Casello stated that if history says anything, the City of Boynton Beach
was setting the project up for failure. There are only three parking spaces. Most people
want to park near the front door of a business. He said they are not going to go around
the building to park. He indicated this would be best as a commercial space.
Mayor Grant indicated with retail we are asking for minimum wage to man the cashier.
With the live/work you can have the higher end professional use for office space. The
City has a lot of commercial space, because we are moving into mixed use.
Commissioner Romelus's main concern was the railroad track. She asked who would
stop on the back of the building to get coffee. She indicated her preference would be
live/work.
Mr. Rumpf wanted to explain staff's rationale. Staff has seen the mistakes that have
been made. What they wanted was to be visionary. There needs to be widening of the
streets, and there was not enough pedestrian space. Mr. Rumpf continued to say that in
Delray if you drive along Atlantic Avenue, it was very difficult to find parking. The City
does not what to have that type of parking problem.
Commissioner Romelus noted she hears and understands, when speaking about
intensity and pedestrian traffic, she envisions Ocean Avenue being that hub. On
Boynton Beach Boulevard, regardless of how wide the streets are, the speed limit would
be 35 mile per hour.
Vice Mayor Katz asked if this would set a precedent for future development on Boynton
Beach Boulevard. They can request non-commercial but, put the live/work units only.
Mr. Rumpf stated that it could be challenging. Staff are reviewing Town Square now and
applying those same types of standards. We are asking for retail, closet space on
Ocean Avenue and retail present on Boynton Beach Boulevard.
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City Commission
Boynton Beach, Florida
September 19, 2017
Commissioner Romelus stated that regulations remain the same, we do not change
regulations. This was just a conditional use agreement. It does not apply here. Mr.
Rumpf indicated the current regulations state commercial present on the arterial road
ways, which are Boynton Beach Boulevard, Federal and Ocean Avenue. Those three
corridors are very specific in calling out commercial use. Commissioner Romelus said
she would still say keep that in place and put in a conditional agreement or conditional
use. Mr. Rumpf indicated that would be in conflict with the regulations the Commission
adopted. Commissioner Romelus understood that was what conditional agreements are
for. Mr. Rumpf stated that may be a developer's agreement.
Mr. Miller indicated that in the Code for live/work, this provision of having commercial on
the ground level. In the live/work regulations there are two sections, one for the
suburban mix use, like Renaissance Commons and they are all commercial uses. In the
mix use urban area, it just says any permitted uses in the zoning district. Mr. Miller
indicated there can be retail use there. It was like any other shopping center. The
live/work satisfies both.
Vice Mayor Katz stated that he does not have any strong feelings. If you go commercial
and it does not work out. It could easily be converted into live/work. The odds are it
would never become commercial. His concern was that Boynton Beach Boulevard was
supposed to be a commercial road way. It was not enough parking unless there was a
parking lot. It would be setting precedence. It would appeal to professionals. He could
see the area not becoming true commercial. He indicated he would like to see the
developers take this risk. It could turn that area into a live/work area.
Andrew Mack, Director of Development, stated that flexibility was what the
Commissioner was speaking of. Being this was the second reading, approving it with
commercial and allowing for future flexibility would be the way to go. The City should be
allowing the live/work; we look at the live/work at the audit. At that point the
Commissioner could amend that plan.
Mayor Grant asked if Mr. Mack was making it a developer option and direct staff to
review. Then staff could come back with other options and the City would have a
balance. Mr. Mack agreed the City need to have a balance.
Mayor Grant noted live/work brings high paying jobs, retail does not have high paying
jobs. He does not have a problem with either commercial or live/work.
Commissioner McCray said that the Commission wanted it to be a commercial hub; we
need to stick with the path.
Vice Mayor Katz stated to recap, this would be the first building on Boynton Beach
Boulevard to deviate on speculation. Any developer could come and make the exact
same argument. Once enough buildings do not conform, no one would want to
conform. The bottom line, and through various other plans that were made, the City has
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City Commission
Boynton Beach, Florida
September 19, 2017
been more than generous to the project as a whole. It was not abandoning Boynton
Beach Boulevard, but it was a sign for future development. The first piece of
development that we are putting there was not going to be what the City intended.
Mayor Grant asked for final comment.
Commissioner Romelus voiced her disagreement that the City was willing to let them
fail, let their building fail, then come back and readdress. She stated she would rather
provide the developers with options.
Vice Mayor Katz said that he believes it would be successful. He was not saying build
something, then let it fail, then readdress. Right now Boynton Beach Boulevard was
successful.
Commissioner Casello asked what type of cost would there be to go from commercial to
live/work or go to commercial from live/work. Was this doable?
Juan Caycedo, Architect, stated that anything was doable. He does not have a
number relating to the cost of conversion. It was difficult to do once the building was up.
Commissioner Casello agreed with Commissioner Romelus. He did not think this project
would not be successful as a commercial venture. He understands what the other
Commissioners have voiced. He believes live/work would work better.
Commissioner Romelus said in terms of conversion, can the live/work be converted to
commercial.
Mr. Miller stated there are some uses that cannot be converted. He continued to say
uses that maybe hazardous, or a nuisance, there are some qualifiers. He noted he was
trying to make everyone happy; it was commercial space on the ground level.
Commissioner McCray noted that the City wants a viable down town. Let them build; he
indicated the City of Boynton Beach has someone who was willing to build.
Commissioner Casello asked how the places would get a delivery. Mr. Miller replied for
that particular space, there was a loading area near the dumpsters. Commissioner
Casello indicated that they would park down Third Street.
Mayor Grant asked for a motion for the live/work conditional use on the Boynton Beach
Boulevard. As the first condition of approval.
Motion
Commissioner Casello moved to approve seconded by Commissioner Romelus with the
conditional used as stated.
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City Commission
Boynton Beach, Florida September 19, 2017
Vote
City Clerk Pyle called the roll. The vote was 3-2 (dissenting Vice Mayor Katz and
Commissioner McCray)
Mayor Grant asked for a motion to allow the extra open area on Ocean Avenue. As a
second condition of approval.
Motion
Commissioner Romelus moved to approve, seconded by Commissioner Casello with
the conditional use as stated.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
Mayor Grant asked for a motion to approve the Final Site Plan Modification.
Motion
Commissioner Casello moved to approve, seconded by Commissioner Romelus.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
E. (1) PROPOSED ORDINANCE NO: 17-027 - SECOND READING - PUBLIC
HEARING - Approve The Villages at East Ocean - South Future Land Use Map
Amendment (LUAR 17-003) from Local Retail Commercial (LRC) to Mixed Use
Medium (MXM). Applicant: Arthur B. D'Almeida
Attorney Cherof read PROPOSED ORDINANCE NO: 17-027 - SECOND READING —by
title only.
Mr. Miller indicated the area that the Commission was reviewing was a little over 1.5
acre. There will be 35 units. He continued there would be a pedestrian corridor on NW
3rd street. There would be surface level parking. On the ground level would be
commercial space. He indicated there would be three story townhomes and the
developer has incorporated the oldest house into the City into the plans. Mr. Miller
stated his client was in the process of renovating the Andrews House.
Commissioner Casello asked if the Andrews House could be used commercially. Mr.
Miller indicated the Andrew House could be used as a Civic Center, or it could be
moved to a different location within the City. He stated that this was opened for
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Boynton Beach, Florida September 19, 2017
discussion. Commissioner McCray asked if anyone closed the Andrews House up for
the hurricane. Mr. Miller replied that the building was secured by the developer. He
gave an overview of how the units would look and the height of the floors.
Vice Mayor Katz inquired if it was possible to move the house in the future.
Mr. Miller replied to remove the Andrew House the decision needs to be made before
the townhomes are built.
Commissioner Romelus inquired about the placement of charging stations. Mr. Miller
replied this was market driven.
Commissioner Casello asked whether there are pavers in the intersection. Mr. Miller
stated that on Ocean Avenue there will not be any sidewalk curb. He indicated what
they were planning was for the intersections to have pavers.
Mayor Grant opened the issue for public comment.
Cindy Falco-DiCorrado, 316 NW 1 Avenue, indicated that she liked the style being
presented.
Susan Oyer, 140 SE 27 Way, indicated when she saw the original plan, it appeared
that with these townhomes could end up with an older crowd. She asked if there were
enough handicap parking spaces available.
Mr. Miller replied the great part about the townhomes was there are designated spaces
in the garage. They are not designated handicapped but for the unit. He believes that
there was handicap parking on the street. There are three parking spaces that are on
surface plus the townhomes have their own parking.
Ms. Oyer asked about the electric charging station. Mr. Miller indicated that the electric
charging station will be incorporated into the design.
Mayor Grant asked for a motion to approve.
Motion
Commissioner Romelus moved to approve, seconded by Commissioner Casello.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
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City Commission
Boynton Beach, Florida
September 19, 2017
(2) PROPOSED ORDINANCE NO: 17-028 - SECOND READING - Approve The
Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood
Commercial to MU -2, Mixed Use 2 District with a proposed site plan for 35 multi-
family units and 3,500 square feet of commercial space. Applicant: Arthur B.
D'Almeida
Mayor Grant asked for a motion to approve.
Motion
Commissioner Romelus moved to approve, seconded by Commissioner Casello.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
F. Approve The Village at East Ocean Avenue - South Major Site Plan Modification
(MSPM 17-004) for a mixed-use development consisting of 35 dwelling units,
commercial space, and associated recreational amenities and parking on a 1.764
acre site. Applicant: Arthur D'Almeida.
Mayor Grant asked for a motion to approve.
Motion
Commissioner Romelus moved to approve, seconded by Commissioner Casello.
Vote
Unanimously approved.
G. PROPOSED ORDINANCE NO. 17-029 - SECOND READING - PUBLIC
HEARING - Approve Flood Prevention Requirements (CDRV 17-005) - Amending
the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and
Article VIII, Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and
Chapter 4, Article X, to update definitions, Building Division Processes, Standards,
and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance
with the NFIP requirements. City initiated. (Ordinance number changed from 17-
022 to 17-029 - scrivener error)
Attorney Cherof read PROPOSED ORDINANCE NO. 17-029 - SECOND READING -
PUBLIC HEARING by title.
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Shane Kittendorf, Building Official, stated the objectives of the Community Rating
System (CRS) recognizes and encourages community flood plan management activities
that exceed the minimum NFIP standards. Besides the benefit of reduced insurance
rates, CRS flood plan management activities enhanced public safety, reduced damages
to property & infrastructure, avoided economic disruption, reduced human suffering, and
protected the environment. Flood maps are used to help determine flood insurance and
building requirements. Flood maps are being updated to incorporate the latest and most
accurate information into the maps so that they better reflect the risk. He continued to
say that Federal Law requires that if your property is in a flood area federally insured
mortgage flood insurance is required.
Mr. Kittendorf continued with the time line. FEMA issued flood insurance rate maps
(FIRM) and Flood Insurance Study (FIS) in 1982. FEMA completed a re-evaluation of
flood hazards in Palm Beach County on August 18, 2014. FEMA conducted four (4)
public workshops; one (1) in Boynton Beach to view, obtain assistance, and ask
questions. Notice was published in various newspapers and Federal Register. The 90 -
day appeal period ended and no appeals were received. FIRM maps and FIS will
become effective as of October 5, 2017.
The key changes include reorganization and update of flood definitions for compliance
with NFIP, reorganization and update of flood requirements for compliance with NFIP,
striking of redundant provisions now in the Florida Building and Residential Code.
Added requirements for flood variances according to NFIP were clarification of
designated Flood Plan Administrator and duties, listing of specific federal and state
permits that may be required, requirement of development permits for other buildings
and structures that are exempt from Florida Building Code. Adoption by reference the
October 5, 2017 FIRM Maps and FIS reports.
Mr. Kittendorf noted the 1982 flood map of Boynton Beach Leisureville was a major
area that currently is located in a flood hazard area. Residents have applied for Letter
of Map Amendments (LOMA), to take their homes out of the flood hazard area. He
indicated with the new maps, the entire Leisureville area was no longer in a flood
hazard area. He wanted to clarify if there was sustainable amount of rain you could
have flooding whether or not there was a designation of a flood zone.
Mayor Grant inquired in January 2014, when the City of Boynton Beach received 20
inches of rain, he wanted to know if the Leisureville area flooded. Mr. Kittendof stated
that with that amount of water it would most likely flood. The ground can only absorb so
much water. He said even if not in a flood area, it would not be unusual to flood given
20 inches of rain.
Commissioner Casello asked about the elevation of Leisureville. Mr. Kittendof replied
Leisurevile was 5 or 6 feet above the base line currently. He said that most of the
homes in that area were built between the years 1950-1960. The homes are of the
same size.
Meeting Minutes
City Commission
Boynton Beach, Florida September 19, 2017
Commissioner McCray asked about 2014, did it flood in Leisureville. Mr. Kittendof again
stated that he did not know the status back in 2014. He informed the Commission in
Hallandale Beach it did not flood. Mr. Kittendof continued to say the amendments will
satisfy the mandatory requirement of the NFIP. This would enhance public safety and
protect the environment, reduce damages to property and public infrastructures and
avoid economic disruption and losses; ultimately reduce human suffering.
Mayor Grant opened up to public comment. Seeing none, Mayor Grant sought a motion
to approve.
Motion
Commissioner Romelus moved to approve seconded by Commissioner McCray.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
H. PROPOSED ORDINANCE NO. 17-020 - SECOND READING - PUBLIC
HEARING - AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1,
Article II. Definitions and Article V, Section 2, Workforce Housing Program, to
convert the mandatory inclusionary zoning program to an incentivized program
emphasizing project density and building height. (Second Reading advertised for
September 19, 2017)
Attorney Cherof read the PROPOSED ORDINANCE NO. 17-020 - SECOND READING
- PUBLIC HEARING by title only into the record.
Andrew Mack Director of Development stated that he has the old presentation; he
would answer any questions the Commission may have.
Mayor Grant asked if there were any differences from the first reading. Mr. Mack stated
that there were no changes from the first reading. Mayor Grant indicated that this was
the third time voting on this workforce amendment. We are moving forward with our
Work Force Housing amendment.
Mr. Mack indicated the first reading was on August 15, 2017.
Mayor Grant opened up for public comment.
Susan Oyer, 140 SE 27 Way, indicated that she was no longer in agreement for
workforce housing. She requested the Commission to please go back and listen to
minutes of the Planning and Development meeting.
Mayor Grant asked for a motion to approve.
29
Meeting Minutes
City Commission
Boynton Beach, Florida September 19, 2017
Motion
Commissioner Romelus moved to approve, seconded by Commissioner Casello.
Vote
City Clerk Pyle called the roll. The vote was 5-0.
Commissioner McCray stated that Commissioner Casello needed to vote on 9A.
10. CITY MANAGER'S REPORT - None
11. UNFINISHED BUSINESS - None
12. NEW BUSINESS - None
13. LEGAL - None
14. FUTURE AGENDA ITEMS
A. Discussion relating to the future of the Building Board of Adjustment and Appeals
- October 3, 2017
B. Discussion of number of boards people are allowed to serve on at one time,
attendance policies, eligibility rules and qualification of members for all boards -
October 3, 2017
C. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC
which provides automated clothing recycling as a non-profit corporation and
provides funding to agencies for other non-profit uses - TBD
D. Staff to research possibility of allowing dogs at the beach during certain hours
and bring back to Commission - TBD
E. The Mayor has requested to discuss the possibility of a resolution by the City in
support of development of a boat lift at the C51 canal. - October 3, 2017
F. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town
Square Future Land Use Map Amendment from Public and Private
Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed
Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3
Multifamily to MU -3 Mixed Use 3 zoning district. C ity-i n itiated. (First Reading
approved 8115, Second Reading Pending Fl. Dept. of Economic Opportunity
approval, which takes approximately 2 to 4 months.)
30
Meeting Minutes
City Commission
Boynton Beach, Florida
September 19, 2017
PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending
Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly
Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And
Multifamily (R-3) to Mixed Use 3 (Mu -3).
G. Mayor Grant has requested discussion concerning registered lobbyists and their
participation on City advisory boards - TBD
H. Commission to consider temporarily suspending the enforcement actions of the
Community Standards Division for those sections of the Code that require
corrective action, but may be unattainable due to conditions created by Hurricane
Irma.
Mayor Grant asked if notices were sent out, if there were any violations.
Mark Woods, Director of Community Standards, indicated currently the Department
was sending out notices. However, the City of Boynton Beach was trying to be
sympathetic to the residents because of the storm. Mayor Grant asked if there was a
deadline with the notices. Mr. Woods stated that if a notice was sent, it would have a
deadline. Mayor Grant asked if the City of Boynton Beach could extend the deadline for
the notices. Mr. Woods indicated that would not enforce those Codes. This would not be
for every Code, just certain items. As an example, when fences are down. By charter it
was the Community Standards Department to enforce the provisions of the Charter. Mr.
Woods stated he wanted to get the input from the Commission.
Mayor Grant asked if he wanted to remove it off of the Future Agenda item or discuss
now.
Vice Mayor Katz stated that he was not in agreement to temporarily suspend the actions
of Code Enforcement. The City of Boynton Beach needs to say what was hurricane
related. He felt that some guidelines needed to be put into place.
Attorney Cherof indicated that he would advise the Commission not to pass an action to
suspend the Code. He would suggest that staff use its discretion regarding violations.
Mayor Grant stated that if there are certain issues regarding violations Community
Standards should use discretion when issuing violations.
Vice Mayor Kats was in agreement with allowing Community Standards to use its
discretion regarding Code violations.
15. ADJOURNMENT
Mayor Grant asked for a motion to adjourn.
31
Meeting Minutes
City Commission
Boynton Beach, Florida September 19, 2017
Motion
Commissioner McCray moved to adjourn. Vice Mayor Katz seconded the motion.
Vote
The motion unanimously passed. The meeting was adjourned at 10:01 p.m.
(Continued on next page)
32
Meeting Minutes
City Commission
Boynton Beach, Florida
ATTEST
i'
Judit . Pyle, CMC
City Clerk
ueenester Nieves,
Deputy City Clerk
33
CI g BO
September 19, 2017
a Romelus
issioner - Joe Casello
PURPOSE OF WORKSHOP
To provide the opportunity to discuss the
adoption of the Final Millage Rate and the
Final Budgets for FY 2017-18
- $ 203.OM for all Funds
- $ 83.2P7 for the General Func! 41.2% of
all Funds
z
GENERAL FUND
State Truth in Millage (TRIM)
• Proposed Ad Valorem Tax Rate= 7.9000
o No rate increase, from the current 7.9000
mills
• The actual tax increase = 6.43% per state TRI M
calculations over Rolled -back Rate of 7.4224
o Citywide property values increased
approximately 0.25
• Dote: Commission Proposed Millage Rate =
7.9000
(adopted at September 7th, 2017 Public Hearing)
3
GENERAL FUND
Proposed Tax Levy vs. Rollback Rate
Current
Proposed
Tax Rate
7.9000
Tax Rate Increase l 0.00%
Fre7A0 =Q
W
02•
State
Roll Back
Tax Rate
7.4224
6.43%
Current Year Assessed Value per PA $5,418,555,565 $5,418,555,565
Gross Taxes Increase (over Rollback Rate Taxes) F 6.43% 0.00%
Taxes on Property Values
Less CRA TIF & Discounts
Net Property Taxes
Other Revenues
Total Revenues
Transfers From Other Funds
Total Revenues & Transfers
Appropriation of Fund Balance
Total Expenditures
$ 42, 806, 589 $ 40, 218, 687
$ (8, 709, 062) $ (8,323,481)
$ 34, 097, 527
$
31, 895, 206
$ 33, 957, 600
$
33, 957, 600
$ 68, 055,127
$
65, 852, 806
$ 15, 067, 850
$
15, 067, 850
$ 83,122, 977
$
80, 920, 656
$ 118,100
$
118,100
$ 83, 241, 077 $ 83, 241, 077
Budget (Deficit) Surplus $ - $ (2,202,321)
4
5
BUDGET ACTIONS SINCE
WORKSHOP
Funding
Sources Expenditures
CM Proposed GF Budget (Millage Rate @ 7.9000) $ 83,347,977 $ 83,347,977
Proposed Expenditure Adjustments
Move 3 police personnel to traffic safety fund $ (181,900)
Add'I police officer for Neighborhood Policiing $ 75,000
Proposed Revenue & Fund Balance Transfer Adiustments
ILA - CRA Neighborhood Policing Increase $ 75,000
Reduction in Transfer from Sanitation $ (400,000)
Transfer from Traffic Safety Fund $ 100,000
Additional Fund Balance appropriation $ 118,100
Adjustment $ - $ -
Proposed GF Budget $ 83,241,077 $ 83,241,077
Proposed Fund Balance at Public Workshop $ -
Workshop Adjustments - additional fund balance required $ 118,100
Adjusted Proposed Fund Balance $ 118,100
Fact
10 of a mills equals approiamately $400,000
Commission agreed to 7.90 Millage Rate, 4-0 Vote
Commission agreed to $120 Fire Assessment - 1st Public Hearing, 3-1 Vote
BUDGET CHANGES POST
WORKSHOP
Proposed Revenues (July 2017)
Post Workshop Revenue & Fund Balance
Adjustments
CRA ILA for $75K - Police
Red Light Camera Fees & admin fees
Sanitation Fees
Transfer from Solid Waste
Transfer from Traffic Fund
Fund Balance Adjustment
Tentative Revenues (Sept 2017)
Proposed Expenditures (July 2017)
Post Workshop Expenditure Adiustments
Solid Waste Expense Decrease
Add'I Police Officer -CRA to reimburse
Re -instate Traffic Fund - 3 Police positions
Increase (Decrease) in Capital Budget
Tentative Expenditures (Sept 2017)
General Traffic
Fund (001) Fund (103)
$ 83,347,977 $ -
Solid Waste
Fund (431)
$ 11,034,288
$ 75,000
- $ -
$ -
$ 1,067,500 $
75,000 $ -
$ -
$ (400,000)
(181,900) $ 1,067,500
$ 100,000
S 118,100
S - S
(460,000)
$ 83,241,077 1 $ 1,067,500 1 $ 10,574,288
$ 83,347,977 $ - $ 11,034,288
$
- $ -
$ (460,000)
$
75,000 $ -
$ -
$
(181,900) $ 1,067,500
$ -
$
83,241,077
$ 1,067,500
$ 10,574,288
SUMMARY -ALL
FUNDS
2017-18
..
PROPOSED
BUDGET
GENERAL FUND
TOTAL GENERAL FUND
83,241,077
ENTERPRISE FUNDS
WATER & SEWER FUND
46,543,793
SOLID WASTE
10,574,288
GOLF COURSE
1,818,573
TOTAL ENTERPRISE FUNDS
58,936,654
INTERNAL SERVICE FUNDS
FLEET MAINTENANCE
8,201,907
WAREHOUSE
365,743
- SELF INSURANCE
5,287,783
TOTAL INTERNAL SERVICE FUNDS
13,855,433
SPECIAL REVENUE FUNDS
LOCAL OPTION GAS TAX
1,300,000
TRAFFIC SAFETY
1,067,500
PUBLIC ARTS
237,397
RECREATION PROGRAM REVENUE
768,399
COMMUNITY IMPROVEMENTS
238,756
CEMETERY
338,505
TOTAL SPECIAL REVENUE FUNDS
3,950,557
CAPITAL IMPROVEMENT PROJECTS
PARKS & RECREATION TRUST
66,183
GENERAL GOVERNMENT
5,999,512
UTI LITITY
27,527,200
TOTAL CAPITAL IMPROVEMENT PROJECTS
33,592,895
DEBT SERVICE FUNDS
TOTAL DEBT SERVICE FUNDS
9,500,000
7 TOTAL PROPOSED FOR ALL FUNDS
$ 203,076,616
GENERAL FUND
Department Budget Comparison
GENERAL FUND DEPARTMENTS
City Commission
City Manager
City Hall/General Admin.
Marketing/Communications
City Clerk
Financial Services
Information Technology
Human Resources
City Attorney
Police - Uniform Services
Police - Administrative Services
Police - Support Services
Fire
Community Standards
Emergency Mgmt
FY 2016-17
Adopted
Budget
$ 231,706
696,119
4,039,726
314,841
605,165
1,186,767
2,247,432
806,830
615,411
16,197,211
3,715,348
9,151,124
21,789,868
2,191,683
22,870
FY2017-18
Proposed
Budget
$ 267,301
746,362
3,634,018
333,846
569,241
1,302,041
2,454,516
824,823
574,916
16,981,940
3,862,184
9,608,962
23,514,949
2,201,205
22,320
FY2017-18
FY2017-18
_
Amount
Percentage
CHANGE
CHANGE
$ 35,595
15.4%
50,243
7.2%
(405,708)
-10.0%
19,005
6.0%
(35,924)
-5.9%
115,274
9.7%
207,084
9.2%
17,993
2.2%
(40,495)
-6.6%
784,729
4.8%
146,836
4.0%
457,838
5.0%
1,725,081
7.9%
9,522
0.4%
(550)
-2.4%
GENERAL FUND
Department Budget Comparison, cont'd
0Q
FY 2016-17
Amount
Adopted
GENERAL FUND DEPARTMENTS
Budget
Development -Support
1,091,800
Building
1,200,588
Planning & Zoning
733,234
Economic Development
231,749
Public Works Admin.
223,397
Facilities Mgmt.
1,851,035
Streets Maintenance
1,128,602
Engineering
693,132
Parks & Grounds
2,952,762
Library
2,253,461
School Museum Services
269,372
Recreation
2,960,081
Totals
$ 79,401,314
FY2017-18
Proposed
Budget
1,132,141
1,312,787
756,125
412,318
154,775
2,005,233
1,236,275
622,155
3,006,672
2,315,127
254,971
3,133,874
$ 83,241,077
FY2017-18
FY2017-18
Amount
_
Percentage
CHANGE
CHANGE
40,341
112,199
22,891
180,569
(68,622)
154,198
107,673
(70,977)
53,910
61,666
(14,401)
173,793
$ 3,839,763
3.7%
9.3%
3.1%
77.9%
-30.7%
8.3%
9.5%
-10.2%
1.8%
2.7%
-5.3%
5_9%
4_7%
FY2017= 18 2"d PUBLIC BUDGET
HEARING
Any Questions.?
10
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villages at East Ocean (ABAN 17 -002 through 17 -006)
APPLICANT: Bradley Miller, Miller Land Planning, Inc.
APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017
APPROVAL SOUGHT: Request for abandonment of a portions of rights -of -way (ABAN 17 -002
through ABAN 17 -006) consisting mostly of unimproved streets and alleys
between NE /SE 3r Street and the FEC Railroad, from Boynton Beach
Boulevard south to SE 1 1 t Avenue, in conjunction with request for major site
plan modification approval of the Villages at East Ocean mixed use project.
LOCATION OF PROPERTY: 405 E. Ocean Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval 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 approval 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 approval 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 request is hereby
GRANTED subject to the conditions referenced in paragraph 3 above.
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: L K-9-
DATED: cs 7c a
City Clerk
S:\ Planning \SHARED \WP \PROJECTS \Villages a', E. Ocean\Abandonments\ABAN 17 -002 through 17- 006 \DO.doc
Villages at East Ocean (ABAN 17 -002 through 17 -006)
Conditions of Approval
Paoe 2 of 2
DEPARTMENTS
INCLUDE
REJECT
COMMUNITY REDEVELOPMENT AGENCY
,
i
Comments: None.
i
PLANNING & DEVELOPMENT BOARD CONDITIONS
i
Comments: None.
CITY COMMISSION CONDITIONS
j
Comments: To be determined.
S:1 Planning lSHAREDIWPIPROJECTS1Villages at E. Ocean\Abandonments\ABAN 17 -002 through 17- 0061COA.doc
EXHIBIT "E"
CONDITIONS OF APPROVAL
Project Name: Villages at East Ocean
File number: ABAN 17 -002 through 17 -006
Reference: 4th review plans identified as a Major Site Plan Modification with a July 14, 2017
Planning and Zoning Department date stamp marking.
I
DEPARTMENTS I
INCLUDE
REJECT
ENGINEERING I PUBLIC WORKS I FORESTRY I UTILITIES
I
Comments:
1. Relocation of utilities, utility improvements and dedication of new
utility easements as specified in the City's Utility Department's
memo of August 7, 2017 (Exhibit "D ") shall be performed at the
developer's expense prior to the issuance of a building permit.
X
j
FIRE
r
Comments: None.
I
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
2. Any conditions of approval from the various utility companies
requiring new or revised easements and developer relocation of
their facilities will be required to be addressed prior to issuance
of a building permit.
X
3. Approval is subject to approval of the concurrent applications for
Rezoning, Major Site Plan Modification and Community Design
Appeals.
X
EXHIBIT A
F:Yhihit B
ILRI-11( Atli
Ips, III
LA YD SURWEYOR
4826
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E--Mail: iiifo@brown—phillips.com
P1.1=111IL-Lip'S"n INC
P R 0 1:'E S S I G"'N A L suRvE:y!isj'G SERVIL"OES
CE".TIFICATE OF A.U"GiCcRIZATION LB 0
1830 OLD OKEECH"OBEE ROAD., SUITE 509,
WEST PAI-k4 BEACH, FLORIDA 33409
,EELEPHONE (531)-G`15-3i�38, 613-3991 FAX
. . . ........ ......... . .
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REPRODUCTIONS OF THIS DOW'.MEINT ARE NOT VALID Wi
THE ClRiGINAL SIGNA AND IHE ORIGINAL RAISED SEAL OF
THE FLORIDA LiCENSED SURVEYOR AND MAPPER NOTED HEREON.
E--Mail: iiifo@brown—phillips.com
P1.1=111IL-Lip'S"n INC
P R 0 1:'E S S I G"'N A L suRvE:y!isj'G SERVIL"OES
CE".TIFICATE OF A.U"GiCcRIZATION LB 0
1830 OLD OKEECH"OBEE ROAD., SUITE 509,
WEST PAI-k4 BEACH, FLORIDA 33409
,EELEPHONE (531)-G`15-3i�38, 613-3991 FAX
. . . ........ ......... . .
P SSiONAL
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'CUlTIFl"ATE 0i AU HOPI ":110N '" , 171 --
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P , P� 0 F E S S 10 L
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SCALE
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PROir*"ESSIONAL SUFZVEYNNIC
PROJ. No. 15-065 DRAWN: MB
CERTIFICATE OF AUTHORIZATION i LB 5473 SCALE: 1"=45'
'U SKETCH TO ACCOMPANY
1860 OLD OKEECHOBEE ROAD., SUITE -09. 1 LEGAL DESCRIPTION DATE: 5/18/17
V-.EST PALM BEACH, FLORIDA 33409
1ELEPHONIE- (56l)-615—:3CAS, 615-3991 FAX R ABANDONMENT SHEET A.- OF 4
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LAi\'1D
500 E. Bovnf( Beach Blvd,
Boynion Beach, FL 33435
Phone 56 1)736-3838
(5 ',)736-8079
Web mil!--riandpk
Original: March 1, 2017
RevisionF: Jun I li, 2017
Ab,�.-ndonm3nt Criteria - L DR Chaoter 2,,"irticle 11, Section 2.G.3.
Review Crizeria. The vccation and abzn onment of a rigili.-C"I'-Way, special purpose easernent, or other
non-fee interest of U citki shaii be based on a demons ration that ^.he above ln`erest no long r serves a
public purpose and tnei'a is no encumbrance Y.- would prohibit the Clear transfer of ownena hip of such
iand. The iclluwing review criteria shall be used to justify an ate
u. Access. Doiis the subject land provide a lecal mt: of recess to ! lot of record, subdivision, or
pe
'wimen'
r.- oause or resuii in e. rniFnent stoppage,
dev-31olarrisn't �Ncj:d the vacs"Ibii and ciba 1�
intjrrurpLion, or an unacceptable leval of service for the cu,'L)jet:i lot or on ; lots,
sub&,111isions, or developments with respect to poH e, fire, or other emergency services; or solid
waste iemovsl?
Does the eubject l2nd contain, support, or vllov% potable v:at , s nitary scwc-r, or any
ether utility (e.g- cab -_ telephone, electricity, gas, --tc.), wilich wou-!6 be parmEm-:mtly stopp"' or
interrupted, cr c-iu,': 'a an una-ccepusiblo 1--vei of service to Lhe subject !ot or n•�ighborinq lots,
E-ubdivisions, or tiei.
C. Dralvage and Waata'�'vpii Does the lZind contain, support, or allow a
legal m uns of drainage or warte management f0l sly: 3`i lot or on neighboring lots,
cubdivisionz, or developments, which mould cau e or re3ult In a stoppage, iintarruption, or
unacceptable level of service?
d. 1 )cas the subject land contain, support, or al'cvv tha means Tor the ccnservaticn or
preservai.bil of 'likoa or fauna?
R �-spouse: The props -rily on both side of th-- right of way being proposed for abanclonm--nt
are ownc- by the applicant and the€efore cve no longer needed for access.
Any utilities end drainage that may be within the alleys cr right of way is planned
to be relocated as it dicatecl on the prialiminary engineering plans. Waste
management will also continue to serve the properly as shown in the proposed
plans. There is no nativa significant flora or fauna to be preserved and any that
can be relocated has been identified on the landscape plans. The Villages at
East Ocean Avenue meets the criteria for the proposed abandonment
application,
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villages at East Ocean (ABAN 17 -002 through 17 -006)
APPLICANT: Bradley Miller, Miller Land Planning, Inc.
APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017
APPROVAL SOUGHT: Request for abandonment of a portions of rights -of -way (ABAN 17 -002
through ABAN 17 -006) consisting mostly of unimproved streets and alleys
between NE /SE 3r Street and the FEC Railroad, from Boynton Beach
Boulevard south to SE 1 1 t Avenue, in conjunction with request for major site
plan modification approval of the Villages at East Ocean mixed use project.
LOCATION OF PROPERTY: 405 E. Ocean Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval 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 approval 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 approval 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 request is hereby
GRANTED subject to the conditions referenced in paragraph 3 above.
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: L K-9-
DATED: cs 7c a
City Clerk
S:\ Planning \SHARED \WP \PROJECTS \Villages a', E. Ocean\Abandonments\ABAN 17 -002 through 17- 006 \DO.doc
Villages at East Ocean (ABAN 17 -002 through 17 -006)
Conditions of Approval
Paoe 2 of 2
DEPARTMENTS
INCLUDE
REJECT
COMMUNITY REDEVELOPMENT AGENCY
,
i
Comments: None.
i
PLANNING & DEVELOPMENT BOARD CONDITIONS
i
Comments: None.
CITY COMMISSION CONDITIONS
j
Comments: To be determined.
S:1 Planning lSHAREDIWPIPROJECTS1Villages at E. Ocean\Abandonments\ABAN 17 -002 through 17- 0061COA.doc
EXHIBIT "E"
CONDITIONS OF APPROVAL
Project Name: Villages at East Ocean
File number: ABAN 17 -002 through 17 -006
Reference: 4th review plans identified as a Major Site Plan Modification with a July 14, 2017
Planning and Zoning Department date stamp marking.
I
DEPARTMENTS I
INCLUDE
REJECT
ENGINEERING I PUBLIC WORKS I FORESTRY I UTILITIES
I
Comments:
1. Relocation of utilities, utility improvements and dedication of new
utility easements as specified in the City's Utility Department's
memo of August 7, 2017 (Exhibit "D ") shall be performed at the
developer's expense prior to the issuance of a building permit.
X
j
FIRE
r
Comments: None.
I
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
2. Any conditions of approval from the various utility companies
requiring new or revised easements and developer relocation of
their facilities will be required to be addressed prior to issuance
of a building permit.
X
3. Approval is subject to approval of the concurrent applications for
Rezoning, Major Site Plan Modification and Community Design
Appeals.
X
EXHIBIT A
F:Yhihit B
ILRI-11( Atli
Ips, III
LA YD SURWEYOR
4826
THE 20' ALLEY iN B 8 01"
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( llliv- KAI!' OF RECCIRT.)ED 114 PLAT 1 2,00K PACE 23, OF 1 PU
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R7COME'll'S OF rIALIA SEACr c'EuiNn FlL.C)F'If)A, BOUNIDED 0IN' 1 %rEST SY 1 E" AST
L - - P!, T , TH :*S o OF M.E. 3`RD j"LREET (;PA' M STRREET) AND QN! !- E
RIG'Hl* OF THE FL07 IDA EAST COAST RAILROAD.
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BEARING BASIS: S0 (ASSUh4' "D) i' THE CENTERLEN'TE OF ' STREET.
THE DESC Si<" AND Til'E. TEXT COMPRISE
THE 'CO'm'PLETE LEGAL DESCRIP10N. THE LEGAL DESCRIPTION IS
NO'N VALID UNLESS BO +1 i ;" ' CCOWiPr14'Y Ei',CH OTHER.
REPRODUCTIONS OF THIS DOW'.MEINT ARE NOT VALID Wi
THE ClRiGINAL SIGNA AND IHE ORIGINAL RAISED SEAL OF
THE FLORIDA LiCENSED SURVEYOR AND MAPPER NOTED HEREON.
E--Mail: iiifo@brown—phillips.com
P1.1=111IL-Lip'S"n INC
P R 0 1:'E S S I G"'N A L suRvE:y!isj'G SERVIL"OES
CE".TIFICATE OF A.U"GiCcRIZATION LB 0
1830 OLD OKEECH"OBEE ROAD., SUITE 509,
WEST PAI-k4 BEACH, FLORIDA 33409
,EELEPHONE (531)-G`15-3i�38, 613-3991 FAX
. . . ........ ......... . .
P SSiONAL
Ips, III
LA YD SURWEYOR
4826
THE 20' ALLEY iN B 8 01"
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( llliv- KAI!' OF RECCIRT.)ED 114 PLAT 1 2,00K PACE 23, OF 1 PU
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.1 1 S )Ui R EE
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BEARING BASIS: S0 (ASSUh4' "D) i' THE CENTERLEN'TE OF ' STREET.
THE DESC Si<" AND Til'E. TEXT COMPRISE
THE 'CO'm'PLETE LEGAL DESCRIP10N. THE LEGAL DESCRIPTION IS
NO'N VALID UNLESS BO +1 i ;" ' CCOWiPr14'Y Ei',CH OTHER.
REPRODUCTIONS OF THIS DOW'.MEINT ARE NOT VALID Wi
THE ClRiGINAL SIGNA AND IHE ORIGINAL RAISED SEAL OF
THE FLORIDA LiCENSED SURVEYOR AND MAPPER NOTED HEREON.
E--Mail: iiifo@brown—phillips.com
P1.1=111IL-Lip'S"n INC
P R 0 1:'E S S I G"'N A L suRvE:y!isj'G SERVIL"OES
CE".TIFICATE OF A.U"GiCcRIZATION LB 0
1830 OLD OKEECH"OBEE ROAD., SUITE 509,
WEST PAI-k4 BEACH, FLORIDA 33409
,EELEPHONE (531)-G`15-3i�38, 613-3991 FAX
. . . ........ ......... . .
P SSiONAL
MILLAGIES) OF EAST OCEM'4 AWS"
PROD, No. 15-065 DRAWN: MB
LEGAL DESCRIPTION SCALE: 1"=4 —
R1W ABANDONMENT DATE: 5/18/
1SHEET 1 OF 4
Ips, III
LA YD SURWEYOR
4826
D ATE:
CF F NC.
(-?
MILLAGIES) OF EAST OCEM'4 AWS"
PROD, No. 15-065 DRAWN: MB
LEGAL DESCRIPTION SCALE: 1"=4 —
R1W ABANDONMENT DATE: 5/18/
1SHEET 1 OF 4
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50:1 "22'57 "L. SOS 2257 "E 126 R /lN 44-' ,,01 22 57 E
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� a 'R,0Al t'l 4 3: I "�I!I_p. :x i ` (This sketch is not a survey)
PR01 S .°RVE..`lN!G SERVICES' �ROJ.. No. 15 -065 � DRAWN: Me
'CUlTIFl"ATE 0i AU HOPI ":110N '" , 171 --
:. , , .._u :473 SKETCH TO ACCC'APANY SCALE: 1' =40'
1060 OLD OKEECHOSEE P0, �D., SUITE 509,
'J°:'EST PALM, BEACH, FLORIDA 33409 R � LEGAL DESCRIPTION DATE: 5/18/17
TELEPH ON'!E- (561) -- 613 -3930, 615 - F R/y ABANDONS. ENT SHEET 2 OF 4
.............
w
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COA____
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E—Mail: infoftro'.-m—phillips.com W LAGES OF EAST 0C."EAN AVENUE
sketch is not
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P , P� 0 F E S S 10 L
U Y I i` G SE-RVICES- , PROT No. 15
- 1---.--
DRA WN:
CERTIFICATE C AU1+10R1ZA1!ON LB 6473 SKETCH TO ACCOMPANY
ROAD, SUITE 509,
9
1860 CLLR Of EECHOBEE
VE P A L,v, Br_-A.Cjj,
; 33 LEGAL DESCRIPTIOA
DATE: 5 _ /18/1
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P , P� 0 F E S S 10 L
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- 1---.--
DRA WN:
CERTIFICATE C AU1+10R1ZA1!ON LB 6473 SKETCH TO ACCOMPANY
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SCALE
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; 33 LEGAL DESCRIPTIOA
DATE: 5 _ /18/1
frELEPHONE (561)-615-1 615--j9YJ FAX R W ABANDONMENT
SHEET 3 OF 4
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PROir*"ESSIONAL SUFZVEYNNIC
PROJ. No. 15-065 DRAWN: MB
CERTIFICATE OF AUTHORIZATION i LB 5473 SCALE: 1"=45'
'U SKETCH TO ACCOMPANY
1860 OLD OKEECHOBEE ROAD., SUITE -09. 1 LEGAL DESCRIPTION DATE: 5/18/17
V-.EST PALM BEACH, FLORIDA 33409
1ELEPHONIE- (56l)-615—:3CAS, 615-3991 FAX R ABANDONMENT SHEET A.- OF 4
i- L
LAi\'1D
500 E. Bovnf( Beach Blvd,
Boynion Beach, FL 33435
Phone 56 1)736-3838
(5 ',)736-8079
Web mil!--riandpk
Original: March 1, 2017
RevisionF: Jun I li, 2017
Ab,�.-ndonm3nt Criteria - L DR Chaoter 2,,"irticle 11, Section 2.G.3.
Review Crizeria. The vccation and abzn onment of a rigili.-C"I'-Way, special purpose easernent, or other
non-fee interest of U citki shaii be based on a demons ration that ^.he above ln`erest no long r serves a
public purpose and tnei'a is no encumbrance Y.- would prohibit the Clear transfer of ownena hip of such
iand. The iclluwing review criteria shall be used to justify an ate
u. Access. Doiis the subject land provide a lecal mt: of recess to ! lot of record, subdivision, or
pe
'wimen'
r.- oause or resuii in e. rniFnent stoppage,
dev-31olarrisn't �Ncj:d the vacs"Ibii and ciba 1�
intjrrurpLion, or an unacceptable leval of service for the cu,'L)jet:i lot or on ; lots,
sub&,111isions, or developments with respect to poH e, fire, or other emergency services; or solid
waste iemovsl?
Does the eubject l2nd contain, support, or vllov% potable v:at , s nitary scwc-r, or any
ether utility (e.g- cab -_ telephone, electricity, gas, --tc.), wilich wou-!6 be parmEm-:mtly stopp"' or
interrupted, cr c-iu,': 'a an una-ccepusiblo 1--vei of service to Lhe subject !ot or n•�ighborinq lots,
E-ubdivisions, or tiei.
C. Dralvage and Waata'�'vpii Does the lZind contain, support, or allow a
legal m uns of drainage or warte management f0l sly: 3`i lot or on neighboring lots,
cubdivisionz, or developments, which mould cau e or re3ult In a stoppage, iintarruption, or
unacceptable level of service?
d. 1 )cas the subject land contain, support, or al'cvv tha means Tor the ccnservaticn or
preservai.bil of 'likoa or fauna?
R �-spouse: The props -rily on both side of th-- right of way being proposed for abanclonm--nt
are ownc- by the applicant and the€efore cve no longer needed for access.
Any utilities end drainage that may be within the alleys cr right of way is planned
to be relocated as it dicatecl on the prialiminary engineering plans. Waste
management will also continue to serve the properly as shown in the proposed
plans. There is no nativa significant flora or fauna to be preserved and any that
can be relocated has been identified on the landscape plans. The Villages at
East Ocean Avenue meets the criteria for the proposed abandonment
application,
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villages at East Ocean- North (MSPM17 -003)
APPLICANT: Arthur B. D'Almeida
APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017
APPROVAL SOUGHT: Request for a Major Site Plan Modification approval for a mixed -use
development consisting of 336 dwelling units, commercial space, and
associated recreational amenities and parking on a 3.379 acre site.
LOCATION OF PROPERTY: South side of Boynton Beach Boulevard to Ocean Avenue between the F.E.C.
Railroad and NE 3' Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
Application for the approval 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 approval 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 Applica is request is hereby
GRANTED subject to the conditions referenced in paragraph 3 above.
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: 11
City Clerk
SAP!anning \SHARED \WP \PROJECTS\V Ilages at East Ocean \Villages North (MSPM 17- 003) \StaffReport\MSPM17 -003_ DO.doc
EXHIBIT "C"
Conditions of Approval
Project Name: Villages at East Ocean (North)
File number: MSPM 17 -003
Reference: 4 th review of plans identified as a Maior Site Plan Modification with a July 14, 2017
Planning and Zoning Department date stamp marking.
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES
Comments:
1. Civil plans, including drainage calculations, in accordance with the
X
2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at
the time of permitting.
2. Coordinate with Stormwater Utilities to ensure that the consultant
X
models the stormwater discharge to the ultimate outfall.
3. Prior to permit application, please contact the Public Works
X
Department (561- 742 -6200) regarding the removal of refuse
during the construction phase per the CODE, Section 10 -26 (a).
4. Section 26 -34(A) of the code mandates the payment of water
X
and /or sewer capital facilities charges when a project is to receive
services from the city's systems, and as an option, a capacity
reservation fee may be obtained at an additional cost and will only
be valid for a period of one (1) year after the fee has been paid.
Capacity reservation fees shall be paid upon the request for the
Utilities Department's signature on the Health Department
application forms or within seven (7) days of site plan approval,
whichever occurs first. All fees will be determined based on the
final meter size(s), or expected demand.
5. The existing drainage infrastructure to remain within the project
X
limits and along the project frontage shall be Tele- inspected
before and after construction. Prior to the post construction tele-
inspection, the same lines shall be cleaned.
6. Please provide an Addressing Plan, prior to permit issuance.
X
7. Provide irrigation plans with the landscape plan, prior to permit
X
issuance.
8. Applicant shall work with the Utilities Department to determine the
X
project wastewater flow discharge, which will be entered into the
Villages at East Ocean (North) MSPM 17 -003
4' Review Comments
Paqe 2 of 5
DEPARTMENTS
INCLUDE
REJECT
City's hydraulic model to determine if a lift station is required.
9. Please address storm water treatment for first inch of rainfall, as
well as conception detail and conveyance. Please note SFWMD
requirements may be more restrictive. Calculations for exfiltration
shall be submitted at time of permitting. I
X
10. The attendance at a mandatory Pre - Construction Conference is
required prior to the start of any utilities work on site.
X
FIRE
Comments: None. All previous comments addressed at DART Meeting.
POLICE
Comments: None. All previous comments addressed at DART Meeting.
BUILDING DIVISION
Comments: Building comments will be addressed at time of permitting.
PARKS AND RECREATION
Comments:
11. Per City Ordinance, the Park Impact Fee for the North Parcel is
$199,920 (336 apartments X $595.00).
X
PLANNING AND ZONING
Villages at East Ocean (North) MSPM 17 -003
4 th Review Comments
Paae 3 of 5
DEPARTMENTS
INCLUDE
REJECT
Comments:
12. Sheet AS100 has the incorrect boundary for the project area
X
proposed to be rezoned. Please revise boundary to exclude
properties not owned by the applicant.
13. Sheet AS1.10 data Sheet AS1.10 data is incomplete. Please add
X
FAR calculations and revise parking calculations to accurately
reflect the plan.
14. In order to promote interconnectivity, as required per code, to
X
support the 5% parking reduction for the non - residential uses, the
applicant shall remove any fencing and gates at the north and
south termination of the pedestrian path adjacent to the railroad, in
order to allow free public access from Ocean Ave to Boynton
Beach Blvd along the east side of the project and to the public
space noted on the plans.
15. Please provide a detail drawing of the design of the bus shelter,
X
matching the architectural design, materials and colors of the
building.
16. Please depict the access points from the garage to the retail
X
spaces. Enhance public access points so they are clearly
discernable for the public.
17. Revise elevations to consistently match the submitted color chip,
X
"Adventure Orange ".
18. Please provide calculations and dimensions of ground floor
X
building facades which indicate that 50% (all mixed use buildings)
and 30% (for all residential buildings) of the area is occupied by
transparent windows or door openings. Note that the maximum sill
height of 2' and minimum head height of 6'8" is required.
19. Please provide details of any proposed building signs. A Sign
X
Program will be required for the project. No sign permits will be
issued until the program is approved.
20. All applicable drawings should depict the improvements within the
X
right -of -way along the west side of the abutting condominium
building, including roadway, sidewalk, light poles, landscaping,
etc., in order to continue the proposed streetscape design from
Villages at East Ocean (North) MSPM 17 -003
4 Review Comments
Page 4 of 5
DEPARTMENTS
INCLUDE
REJECT
Boynton Beach Boulevard south to Ocean Avenue.
21. Any approvals are subject to the approval of the associated right-
X
of -way abandonment applications.
HISTORIC PRESERVATION
Comments: Comments have been acknowledged and will be addressed
during site construction.
I
COMMUNITY REDEVELOPMENT AGENCY
Comments:
22. Clearly identify the location of the required parking spaces
X
associated with the proposed retail /restaurant and guests. Sheets
AS 1.10 parking table, AS 1.11 and A1.01.
23. As part of the applicant's design and construction of the NE 3 rd
X
Street r -o -w improvements, continue the pedestrian improvements
all the way to the corner of NE 3rd Street and E. Ocean Avenue.
Sheets AS1.11 and A1.01.
24. Overhead utilities must be undergrounded. An easement may
X
need to be retained in order to continue the undergrounding of
utilities along 3 d Street to continue south of Ocean Ave.
PLANNING & DEVELOPMENT BOARD CONDITIONS
25. The applicant and staff shall discuss the possibility of live /work
X
units as an option for the commercial space along Boynton Beach
Boulevard.
CITY COMMISSION CONDITIONS
26. Replace the 1st floor space located along Boynton Beach Blvd
X
and designated "Retail" with live /work units.
Villages at East Ocean (North) MSPM 17 -003
4 th Review Comments
Page 5 of 5
DEPARTMENTS
INCLUDE
REJECT
27. Extend the plaza planned along Ocean Avenue eastward to linear
X
open space, at the same depth that is currently shown on the
plans
S:\ Planning \SHARED \WP \PROJECTSWillages at East OceanWillages North (MSPM 17- 003) \StaffReport\ExhibitC_C0A - P &D.doc
EXHIBIT A
! '
EXHIBIT "B ": PROJECT PLANS
2
SITE NOTES
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NORTP PARCEL
CODE COMPLIANCE DATA
--
LEGEND
------
NORTH
east ocean ave.
north parcel
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PLANT L15T- 5HPUE55 (CONT.)
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North Parcel 51te Area: 141,108 sF
Pervlo 1 Area 21,413 sF (151.)
hpervlous Area: 125,635 (851.)
®North Parcel Public 5pace Required: 11= 1,411 ar
Slte Area (147,108 sr) x 0.01= 1,411 sF
North Parcel Public 5pace Provided: 9,100 sF
EM North Parcel Open 59ace Requo-ed: 2 %- 2.942 SF
51te Area (141108 sr) x 0.02- 2,942 eF
North Parcel Open 5pace P —lded: 21,180 5F
NOR rH pervi inpervious, public,
O � open space
vi llages le � dave bodker
east ocean ave. ter*
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L -6
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Villages at East Ocean- South (MSPM17 -004)
APPLICANT: Arthur B. D'Almeida
APPLICANT'S ADDRESS: 105 East Palmetto Park Road, Boca Raton, FL, 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 19, 2017
APPROVAL SOUGHT: Major Site Plan Modification approval for a mixed -use development consisting
of 35 dwelling units, commercial space, and associated recreational amenities
and parking on a 1.764 acre site.
LOCATION OF PROPERTY: South side of Ocean Avenue to the alley south of SE 1st Avenue between the
F.E.C. Railroad and SE 3rd Street
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on
the date of hearing stated above. The City Commission having considered the approval sought by the
applicant and heard testimony from the applicant, members of city administrative staff and the public finds as
follows:
Application for the approval sought was made by the Applicant in a manner consistentwith the
requirements of the City's Land Development Regulations.
2. The Applicant
C- HAS
HAS NOT
established by substantial competent evidence a basis for the approval 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 request is hereby
GRANTED subject to the conditions referenced in paragraph 3 above.
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:
4
DATED: � � -
City Clerk
S:\ Planning \Si - TARED \WP PRO JECTSWi!lages at East Ocean \Villages South (MSPM 17- 004) \StaffReport \MSPM17 -004_ DO.doc
■
Conditions of Approval
Project Name: Villages at East Ocean (South)
File number: MSPM 17 -004
Reference: 4 th review of plans identified as a Maior Site Plan Modification with a July 14, 2017
Planning and Zoning Department date stamp marking.
DEPARTMENTS
I
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS I FORESTRY UTILITIES
Comments:
1. Full drainage plans, including drainage calculations, in accordance
X
with the 2010 LDR, Chapter 4, Article Vlll, Section 3.G. will be
required at the time of permitting.
I
2. Please coordinate with Stormwater Utilities to ensure modeling of
X
the stormwater discharge to the ultimate outfall.
3. Prior to permit application, please contact the Public Works
X
Department (561- 742 -6200) regarding the removal of refuse
during the construction phase per the CODE, Section 10 -26 (a).
4. The CODE, Section 26 -34(A) mandates the payment of water
X
and /or sewer capital facilities charges when a project is to receive
services from the city's systems, and as an option, a capacity
reservation fee may be obtained at an additional cost and will only
be valid for a period of one (1) year after the fee has been paid.
Capacity reservation fees shall be paid upon the request for the
Utilities Department's signature on the Health Department
application forms or within seven (7) days of site plan approval,
whichever occurs first. All fees will be determined based on the
final meter size(s), or expected demand.
5. The existing drainage to remain within the project limits and along
X
the project frontage shall be Tele- inspected before and after
construction. Prior to the post construction tele- inspection, the
same lines shall be cleaned.
6. Profile sections shall be required along each property line. This
X
comment can be addressed in the Land Development submittal.
7. Provide an Addressing Plan, prior to permit issuance.
X
Villages at East Ocean (South) MSPM 17 -004
3rd Review Comments
Paae 2 of 4
DEPARTMENTS
INCLUDE
REJECT
8. Provide irrigation plans with the landscape plan, prior to permit
issuance.
X
9. Applicant shall work with the Utility Department to determine the
project wastewater flow discharge, which will be entered into the
City's hydraulic model to determine if a lift station is required.
X
10. Please address storm water treatment for first inch of rainfall, as
well as conception detail and conveyance. Please note SFWMD
requirements may be more restrictive. Calculations for exfiltration
shall be submitted at time of permitting.
X
11. The attendance at a mandatory Pre - Construction Conference is
required prior to the start of any utilities work on site.
X
FIRE
Comments: None. All previous comments addressed at DART Meeting.
POLICE
Comments: None. All previous comments addressed at DART Meeting.
BUILDING DIVISION
i
Comments: Building comments will be addressed at time of permitting.
PARKS AND RECREATION
Comments:
12. Per City Ordinance, the Park Impact Fee for the South Parcel is
$22,225 (30 apartments X $595 + 5 townhomes X $875).
X
I
Villages at East Ocean (South) MSPM 17 -004
3rd Review Comments
Panes .1 of 4
DEPARTMENTS
i
INCLUDE
REJECT
PLANNING AND ZONING
Comments:
13. Sheet AS1.10 data is incomplete. Please add FAR calculations
X
and revise parking calculations to accurately reflect the plan.
14. Please provide calculations and dimensions of ground floor
X
building facades which indicate that 50% (all mixed use buildings)
and 30% (for all residential buildings) of the area is occupied by
transparent windows or door openings.
15. Please provide details of any proposed building signs. A Sign
X
Program will be required for the project. No sign permits will be
issued until the program is approved.
16. Any approvals are subject to the approval of the associated right-
X
of -way abandonment applications.
17. Revise elevations to consistently match the submitted color chip,
X
"Adventure Orange ".
18. Existing historic structure on the property does not seem to have
X
an assigned use or associated parking. Please mark the plans
and include the tabular date to ensure parking is provided.
19. Provide square footages by use on the plan to ensure parking
X
tabular data is accounting for all proposed areas.
HISTORIC PRESERVATION
Comments: None.
COMMUNITY REDEVELOPMENT AGENCY
Comments:
Villages at East Ocear (South) MSPM 17 -004
3rd Review Comments
Dons A of 4
DEPARTMENTS
INCLUDE
REJECT
20. Clearly identify the location of the required parking spaces
associated with the proposed retail /restaurant and guests. Sheets
AS 1.10 parking table, AS 1.11 and A1.01.
X
21. Overhead utilities must be undergrounded. An easement may
need to be retained in order to continue the undergrounding of
utilities along 3 rd Street to continue south of Ocean Ave.
X
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: None.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S: \P'anninc \SHARED \WP \PROJECTS \Villages at East OceanWillages South (MSPM 17- 004) \StaffReport\ExhibitC COA.doc
EXHIBIT A
LOCATION MAP I
U) - ---------------------- ---- -- - ----------- - ------- -- --- ---- - ------- - ----
i .
z
LLI
w
77
--------------
oll
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