Minutes 02-16-99 MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA~
ON TUESDAY, FEBRUARY 16, 1999 AT 6:30 P.M.
PRESENT
Gerald "Jerry" Taylor, Mayor
Shirley Jaskiewicz, Vice Mayor
Henderson llllman, Mayor Pro Tem
.lamie lltcomb, Commissioner
Nellie Denahan, Commissioner
Wilfred Hawkins, Interim City Manager
Jim Cherof, City Attorney
Sue Kruse, City Clerk
I. OPENINGS:
Call to Order - Mayor Jerry Taylor
Invocation - Reverend Rick Riccardi- Police Chaplain
Pledge of Allegiance to the Flag led by Vice Mayor Shirley Jaskiewicz
Mayor Taylor called the meeting to order at 6:35 p.m.
Jaskiewicz led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Following the invocation, Vice Mayor
Mayor Taylor requested the addition of Item IIl-B.l.d, "School Board Letter", and Item Ill-B.l.e,
"Receipt of City Award".
2. Adoption
Commissioner Titcomb moved approval of the agenda as amended. Mayor Pro Tem Tillman
seconded the motion that carried unanimously.
II. ADMINISTRATIVE:
A. Appointments to be made:
1.
Motion
Appointing an Interim City Manager (PROPOSED RESOLUTION NO.
R99-12)
Mayor Taylor noted that no additional compensation was noted in the Resolution. He
recommended that Mr. Hawkins meet with the Human Resources Manager to discuss additional
compensation and return to the Commission with a proposal.
Mayor Pro Tem Tillman moved to appoint Wilfred Hawkins, Support Services Manager as the
Interim City Manager. Vice Mayor Jaskiewicz seconded the motion.
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Commissioner Denahan questioned why Mr. Hawkins' current salary would not be maintained
during the interim period. Mayor Taylor felt the additional responsibilities and work should be
rewarded with additional compensation.
Vice Mayor Jaskiewicz explained that Mr. Hawkins has always brought honor and distinction to
this City regardless of the job he has assumed. While he was on the Police force, he was
named an Outstanding Police Officer in Palm Beach County and he has tackled every job he
has been asked to do and has always done a tremendous job.
In Mayor Pro Tem Tillman's opinion, Mr. Hawkins has been well prepared for this job and he is
the backbone of Support Services. The Commissioners have worked with him daily and know
what he is capable of doing. The increased responsibilities need to be recognized by
responding with a pay increase.
Mayor Taylor pointed out that we are taught as children that if we work hard and do our best, we
will get ahead and be rewarded. Mr. Hawkins has worked very hard and done his tasks
diligently. Although he does not possess all of the credentials for the position of City Manager,
he has demonstrated his ability to step in and get the job done. Mayor Taylor has full
confidence that Mr. Hawkins can do a great job during this interim period.
From the audience, a gentleman questioned whether or not the City has begun the process of
searching for a degreed replacement and how long the interim period would last. Mayor Taylor
advised that the present Commission feels the new Commission should select the new City
Manager.
Herb Suss, Quail Run resident, feels Mr. Hawkins possesses know-how and fortitude. He
recommended that the Commissioners appoint Mr. Hawkins as the permanent City Manager.
Commissioner. Denahan does not have any concerns about having Mr. Hawkins in command.
However, she questioned why it was not possible to negotiate with Dale Sugerman since he is
the first person in line.
Mayor Taylor advised that he and Attorney Cherof spoke with Mr. Sugerman and were unable to
reach an agreement on the compensation issue. Mr. Sugerman is willing to step aside. Mayor
Taylor recommended that Commissioner Denahan have a conversation with the Attorney to get
a better understanding of the situation.
Vice Mayor Jaskiewicz reported that Mr. Hawkins offered to step in without any additional
compensation.
Commissioner Denahan recommended keeping Mr. Hawkins at his current salary and allowing
the new Commission to make the decision with respect to his salary.
The motion carried unanimously.
At Mayor Taylor's invitation, Mr. Hawkins took his place at the dais.
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Board Appointments:
Appointment Length of Term
To Be Made Board Expiration Date
IV Tillman Adv. Bd. On Children & Youth Stu/Reg I yr term to 4/99
Mayor Taylor* Adv, Bd, on Children & Youth Alt :L yr term to 4/99 TABLED-3
iV Tillman Bldg. Bd. Of Adjustment & Appeals Alt 1 yr term to 4/99
iii .laskiewicz Code Compliance Board Alt Iyr term to 9/99 TABLED-2
Mayor Taylor Cemetery Board Alt 1 yr term to 4/99 TABLED-2
ii Denahan Community Relations Board Reg 3 yr term to 4/00 TABLED-2
IV Tillman Community Relations Board Reg 3 yr term to 4/00
iii .lasldewicz* Community Relations Board Alt i yr term to 4/99 TABLED-3
ii Denahan Education Advisory Board Alt i yr term to 4/99
III .laskiewicz* Recreation & Parks Board Alt 1 yr term to 4/99 TABLED-3
IV Tillman Recreation & Parks Board Alt i yr term to 4/99 TABLED-2
No appointments were made.
Motion
Vice Mayor Jaskiewicz moved to table the open appointments. Mayor Pro Tem Tillman
seconded the motion that carried unanimously.
III. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
Black Awareness Day February 20, 1999 @ 11:00 a.m. @ Ezell Hester
Center
Mayor Taylor made this announcement. Debbie Majors announced that the events begin at
9:00 a.m. on Saturday and continue until 5:00 p.m. A schedule of events is available in the
lobby of City Hall.
T.N.T. Concert - February 26, 1999 from 6:00 p.m. to 9:00 p.m. @
Oceanfront Park- "Steemin' Heep" (Modern Blues Band)
Mayor Taylor made this announcement.
Breakfast in Boynton/Green Market- Saturday, March 6, 1999 from 8:00
a.m. to 11:30 a.m. at Veterans Park with 1950s entertainment
Mayor Taylor made this announcement.
Neighborhood Summit Meeting - March 8, 1999 from 7:00 p.m. to 8:30
p.m. in the Library Program Room
Mayor Taylor made this announcement.
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B. Presentations:
1. Proclamations:
a. "March is Red Cross Month"
Mayor Taylor read a Proclamation declaring that "March is Red Cross Month".
b. "Black Awareness Day" - February 20, 1999
Mayor Taylor read a Proclamation declaring February 20, 1999 as "Black Awareness Day" and
presented it to Dorothy and Oris Walker, Eddie Mitchell and Debbie Majors.
Mrs. Walker thanked the City for its cooperation in presenting the activities for Black Awareness
and invited the community to attend the events.
c. "The Reverend Dr. R. M. Lee Day"- February 28, 1999
At the podium, Mayor Taylor read a Proclamation declaring February 28, 1999 as "The
Reverend Dr. R. M. Lee Day", and presented it to Reverend Lee.
Reverend Lee accepted the Proclamation and thanked the City for this recognition.
d. Letter from School Board
Mayor Taylor read the following letter into the record:
"Ms. Virginia Farace, Boynton Beach City Library: Dear Mrs. Farace (Virginia):
Boynton Beach High School has transitioned from a discussion topic to reality.
You deserve to be singled out for the highest level of commendation on this
project. You should feel great pride in knowing that the 21st Century will begin in
the same year that the new high school begins to provide educational services to
our community. During the years that we have known each other, you have
always worked hard and had the best interest of the people as your goaL
Virginia, this time I believe you outdid yourself. It is a most enjoyable pleasure to
count you as a friend and a partner in a multitude of community initiatives.
Thanks so much for all you continue to do for the students and citizens of Palm
Beach County. Sincerely, William Graham, School Board Member"
Mayor Taylor commended Ms. Farace for all of her hard work on the high school.
e. Receipt of City Award
Interim City Manager Hawkins participated on a Volunteer Recognition Program for the
HeadStart Program of Palm Beach County. As part of that program, HeadStart issued the City
of Boynton Beach an award that reads as follows:
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"HeadStart Group Leadership Award presented to the City of Boynton Beach -
Extraordinary Services and Dedication to Children and Families of Palm Beach
County - February 12, 1999."
This award is significant because the City of Boynton Beach has been supporting the HeadStart
program for more than 20 years. We support the program through voluntary service through
Community Policing and by providing maintenance services to the building as well as financial
support.
IV. CONSENT AGENDA:
A. Minutes:
City Commission Workshop Meeting of January 25, 1999
Regular City Commission Meeting of February 2, 1999
Bids - Recommend Approval - All expenditures are approved in the 1998-99
Adopted Budget
Award the "CO-OP CHEMICALS AND FERTILIZER" bid to various
vendors as recommended with the City of Boynton Beach's expenditure
of $134,559
Extend the "REPLACEMENT SUBMERSIBLE WELL PUMPS WITH
MOTORS" bid to Ace Pump & Supply; Atlantic Environmental Systems;
and Port Marine Co., Inc., with a total estimated expenditure of $70,000
Award the bid for "RENOVATION AND NEW CONSTRUCTION FOR
UTILITIES OPERATION/TECHNICAL SERVICES BUILDING" to Coral-
Tech Associates, Inc. in the amount of $1,560,800 (PROPOSED
RESOLUTION NO. R99-23)
Award the bid for "PURCHASE OF ONE (1) NEW AND UNUSED ROLL-
OFF REFUSE COLLECTION VEHICLE" to Volvo Trucks of Palm Beach,
in the amount of $80,681
Award the bid for "HYPOLUXO ROAD WATER UTILITIES
IMPROVEMENTS" to Johnson-Davis, Inc., in the amount of $110,000
(PROPOSED RESOLUTION NO. R99--13)
Award the bid for "RE-BID ANNUAL CONTRACT FOR THE SUPPLY
AND INSTALLATION OF WATER SERVICE CONNECTIONS AND
RESTORATION" to Line-Tec, Inc. with an estimated annual expenditure
of $75,000
Award the bid for "LEASING OF FIVE (5) NEW AND UNUSED
VEHICLES" to Mears Motor Livery Corp. with an estimated annual
expenditure of $18,375
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Renew the bid for "ANNUAL SUPPLY OF SODIUM HYDROXIDE"
(LIQUID CAUSTIC SODA) to Jones Chemicals, Inc., with an estimated
annual expenditure of $40,000
Approve split award of "BEVERAGE AND FOOD CONCESSIONAIRES
FOR THE GREAT AMERICAN LOVE AFFAIR (G.A.L.A.) AND
CULTURAL FESTIVAL 1999" to Kiwanis Club of Boynton Beach for the
beverage portion and San Francisco Puffs & Stuff, Inc. of Fort Lauderdale
for the food portion with an income of $14,600 (PROPOSED
RESOLUTION NO. Rg9-14)
10.
Award the "ANNUAL SUPPLY OF PLASTIC FRONT-LOAD
CONTAINERS" to Truck Max, Inc., for $15,000 reflecting an individual
cost for 2 C.Y. containers at $499 each and 3 C.Y. containers at $699
each. Sanitation anticipates an annual estimated expenditure of $15,000
Resolutions:
Proposed Resolution No. R99-15 Re: Ratification of South Central
Regional Wastewater Treatment & Disposal Board action of January 27,
1999:
Authorization to expend $55,000 to replace existing in-house
irrigation and plant water pumps on an emergency basis from
Sinking Fund;
Authorization to expend $11,000 to recore radiator of small
generator in the blower building on an emergency basis from the
Sinking Fund;
Authorization to extend J&J Baker's contract for an additional five
(5) years at a rate of $25.26/1,000 gal. liquid sludge and
$8.41/cubic yard - cake sludge;
Authorization to instruct Widell, Inc. to utilize $19,371.00 [RFP-l] +
$6,881.00 [RFP-2] = $26,252.00 of the $200,000 allowance for
unforeseen conditions in their contract for improvements to the
Sludge Management Facilities. (No additional monies need to be
appropriated.)
Authorization to enter into contract with V.I.P. Painting, Inc. in the
amount of $88,920 for painting of the exterior surfaces. (No
additional monies need to be appropriated.)
Proposed Resolution No. R99-16 Re: Approving the full surety
release of $1,763.30 for the CarMax site water system improvements
Proposed Resolution No. R99-17 Re: Supporting
County League of Cities Proposed Resolution No.
pawnshops
Palm Beach
98-6 regarding
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Proposed Resolution No. R99-18 Re: Approving an agreement
between the City's G.A.L.A. Committee and Sheldon Amusements for the
amusement company to plan, organize and implement the Kids Korner
games and rides area for the period of March 18 through 21, 1999
Proposed Resolution No. R99-19 Re: Approving the security
agreement between the City of Boynton Beach and Southern Star to
provide 334 hours of special event security for a total cost of $3,744 for
the 1999 G.A.L.A. event for the period of March 18 through March 21,
1999
Proposed Resolution No. R99-20 Re: Approving contractual
services between the City of Boynton Beach and Local Initiatives Support
Corporation
Proposed Resolution No. R99-21 Re: Approving contractual
services between the City of Boynton Beach and Palm Beach County
Construction Management Institute, Inc.
Proposed Resolution No. R99-22 Re: Authorizing Work
Authorization No. 6 amending the professional services contract between
the City of Boynton Beach and Camp, Dresser & McKee, Inc., for
construction services and additional services related to the downtown
regional stormwater improvement project, phase I
D. Ratification of Planning & Development Board Action:
Lake Eden Place - Deanna Patrick- South Lake Drive (Lot 14, Block 1) -
Request approval to allow an increase in the height of a proposed single-
family home to 32¼' from the maximum of 25'
Item IV-D.1 was withdrawn at the Planning & Development Board meeting at the request of the
applicant. Therefore, this item is not included in the motion for the Consent Agenda.
Shoppes of Woolbright - Home Depot Tool Rental Center- North of
Woolbright Road and east of the L.W.D.D. E-4 Canal - Request to amend
the approved master plan to move 2,789 square feet of
approved/undeveloped space to Home Depot, to modify parking
circulation aisle and loading area, and correct parking space calculation
Foster Farm PUD (fka Foster Mill) - Julian Bryan - North side of Miner
Road, one-half mile west of Congress Avenue - Request to amend the
approved master plan to increase building height from 25' to 30', and to
add plan details such as privacy fence, private recreation and entry
wall/signage locations
Foster Farm PUD (fka Foster Mill) - Julian Bryan - North side of Miner
Road, one-half mile west of Congress Avenue - Request for site plan
approval for landscaping, perimeter buffer, common areas and signage
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E. Approval of Bills
Motion
Mayor Pro Tem Tillman moved to approve the Consent Agenda as amended. Commissioner
Titcomb seconded the motion that carried unanimously.
V. CITY MANAGER'S REPORT:
Mr. Hawkins thanked the Commissioners for giving him the opportunity to transition the City
through this period of time. The team concept will continue. The leadership team will continue
to provide the leadership that was provided over the last two years. We will continue to provide
uninterrupted top quality service through this transition.
VI.
PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
Herb Suss, a resident of Quail Run, said the Police force is down by 15 members. During the
months of January and February, nine members left the City and more are expected to leave.
This is a concern of the residents of Quail Run. Mr. Suss thanked the Commission for
appointing Wilfred Hawkins as Interim City Manager and believes Mr. Hawkins should be given
an increase in pay. He urged the Commissioners to appoint him permanent City Manager.
Ed Tedtmann suggested that the City Commissioners approve a pay raise for themselves. He
recommended that the salaries be increased to $10,000 per year for each Commissioner
because of the time and effort involved in the position.
VII. PUBLIC HEARING:
Upon recommendation by Attorney Cherof, the City Commission meeting recessed and the
CRA meeting convened at 7:05 p.m. Attorney Cherof administered the oath to all that would
testify during the proceedings.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Marina
Robert Currie
Ocean Breeze Festival Park, Inc.
Casa Loma Boulevard
Request conditional use approval to construct a mixed-use
project with 229 apartments/8,262 square feet of retail
space, a 152-seat restaurant, along with modifications to
Phase I to comply with development agreement
Robert Currie, Architect for the project, reported that the purpose of appearing before the CRA
was to revise the original site plan to include 229 apartment units. In providing a brief history,
Mr. Currie advised that the "boat barn" was eliminated along with some of the retail. Mr. Currie
said he would address the primary issues of concern which include:
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Parking - Productive meetings with the people along Casa Loma Boulevard have
been held and an interesting arrangement has been worked out. Mr. Currie said
Martin Perry would address this issue later in the meeting. The developer has
submitted 505 parking spaces in total; however, a methodology is in place to
increase that number.
Access to the Waterfront - All waterfront property is accessible for everyone.
The tightest accessible point is 28' and is located between the apartment building
and the approved two-story building. At the gazebo circle, the width is 76'.
Therefore, the developer will be providing more accessible area than was
provided under Phase I. All of the same characteristics will be provided including
the brick pavers, lights, tree grates, trash containers, benches, bollards and the
trees. The developer has been consistent with the pedestrian-friendly concept.
Mr. Currier addressed the conditions of approval as follows:
Comment #76 - "Permit 6 Phase II site will be designed for a temporary parking
facility for 450 cars per City Commission motion adopted April 7,
1998 or per shared parking study to be completed by the City
during Phase L '
Mr. Currie advised that there is not enough room to provide temporary parking for 450 cars.'
This comment is also in conflict with Comments 50 and 65.
Mayor Taylor pointed out that the back-up information indicates that the Planning &
Development Board rejected this comment.
Comment #73 - "The road will be constructed at an elevation of_-/5'6"."
This comment should read that "The road will be constructed at an elevation of a minimum of
5.5 feet". The road will go higher toward the west of the site (probably to 6.5').
Comment #31 - "Regarding proposed construction of Casa Loma Blvd., NE 6th
Street and the private roadway, the applicant should be aware
that roadways constructed in muck or peat shaft be constructed
in conformance with Chapter 6, Article IV, Section 10. E. of the
City's Land Development Regulations."
Mr. Currie said this requirement is not practical. This is 23' deep and presently on muck. The
road going up to the bridge is on muck. The developer will stabilize the soil on top to support
the road. Furthermore, the developer is required to maintain the road. Therefore, if it does not
hold up, he (Mr. Jarvis)is responsible.
Comment
#30 - "Submit plans for review and approval for the proposed
temporary parking lot. Temporary parking shall be provided in
the Phase II apartment building site area until Phase II is
constructed. The temporary parking area shall have
landscaping, lighting, drainage and sidewalks."
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The developer will provide signage, railroad tie bumper stops and lighting for safety. It will not
be drained or paved.
Comment #18 - "As part of the Phase I construction, construct the sidewalk along
the east side of NE 6th Street and the south side of Casa Loma
Blvd. now indicated on the site plan to be done "By Others" to
provide a complete pedestrian circulation system within the
marina. [LDR Chapter 4, Section 8. C] In accordance with the
Developer's Agreement, the City will seek written approvals from
abutting property owners whose property will be constructed or
modified and the Developer shall agree to make all proposed
improvements at his cost."
Mr. Currie said this was an issue that arose in Phase I. In the new agreement with abutting
property owners, this issue has been addressed. Mr. Perry will provide more information during
his presentation.
Comment #13 - "Emergency access along north side of apartment building to the
north dock is not shown. A fire lane is required. BBCC 9-21"
Emergency access along the north side to the north dock is an issue that will be addressed
during Mr. Perry's presentation because the developer is proposing parking along the north
side.
Mr. Currie reported that the building would be compatible with the Phase I design. The same
siding, standing seam metal roof, shutters, and compatible colors are proposed. This is an
eight-story building (68' where the roof starts to slope up) that is stepped down to six stories and
then two taller stories that are the marina Phase I property.
Mike Rumpf, Acting Planning & Zoning Director, said there are many details in the report that
were brought forward from the original review as well as some of the new issues. Residential
units replace the boat storage; however, additional issues have now surfaced. Those issues
are parking and space around the building for utility access.
Parking - It can be calculated in many different ways for this project. In most cases, the
applicant provides the most lenient calculation utilizing every aspect of Code to benefit
the project. Mr. Currie has not done that. The project provides 505 spaces and, in part,
utilizes the Code provision allowing 50% reduction in parking in the CBD assuming the
shared concept characteristic to the downtown. The provision requires that all spaces
be shared. In this case, the project does not share all spaces in the project since 298
spaces on the upper level deck are to be kept private for the residents. This is a conflict
with the Development Order and the Code.
2. Utilities, engineering and coordination are other issues of concern.
The recommendation in the staff report states numerous assumptions such as:
All issues related to utilities, including the reservation of sufficient easements, will
be resolved during the permit process.
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All issues related to engineering as described in the conditions of approval will be
resolved prior to or during the permit process.
All issues related to difference in elevations between the subject project and
adjacent properties are properly addressed through current site design and by
subsequent redevelopment of those adjacent properties.
The necessary coordination is accomplished between the developers of the
subject project and adjacent property owners.
Short-term parking needs of both the proposed Phase 1 and existing businesses
are met through parking facilities to be temporarily located on site, and ultimate
net parking needs are met through innovative measures on and off site as well as
through successful implementation of a comprehensive shared parking program
in the downtown area.
Construction of the extension of NE 2nd Avenue, including the acquisition of land
necessary for a cul-de-sac, occurs timely with the development of Phase 2.
Because of the larger footprint of the residential project, there is less land around it for utilities.
The boat barn left sufficient space for utility lines and easements. This issue has not yet been
fully resolved.
The new requirements for finished floor elevation will put this project above the existing projects
along the canal. There are potentials for drainage related issues and access issues. In addition
there is the parking issue. Also, there is a need for coordination between the property owners to
address the issues regarding drainage that could be affected by the higher elevations.
Coordination is needed to reach satisfactory agreement on parking and to obtain additional
property on the north side for the cul-de-sac to gain full access to the building where a trash
receptacle will be placed. (NW 2na Avenue is extended eastward beyond the westward end of
the project).
In summary, Mr. Rumpf explained that on March 5, 1997, Phase I was approved for a 36,440
square feet, 55' tall, 220 boat storage building along with 24,650 square feet in a two-story retail
office building and two restaurants totaling 13,910 square feet. The current proposal modifies
Phase I reducing it to one 6,700 square foot restaurant and reducing proposed retail office
space to 21,040 square feet. This proposal also modifies Phase II by replacing the boat storage
element with a 229-unit, eight-story apartment complex. It also moves the second restaurant
from Phase I to Phase II as a stand-alone building.
As provided, the parking data also excludes some of the existing uses that currently use Casa
Loma Boulevard as well as the vacant lot. Staff has attempted to incorporate that into the data
and used a different methodology in calculating parking. The applicant has broken out the uses.
This produces a slightly higher parking requirement. Many times, City staff has the ability to
apply shopping center parking ratio that averages out to different uses. Utilizing the ratio of 200
square feet, staff determined some figures. In the conditions of approval and Development
Agreement, there is a requirement that the temporary lot provide for 94 spaces. Staff tried to
determine what spaces are accounting for current spaces within the marina district. Two
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Georges restaurant and related uses within the marina use an estimate of 50 spaces. This is a
reduction utilizing the 50% reduction in the CBD and an estimated 47 spaces for the dive shop.
This totals 97 additional spaces. In figuring out a way to address the privatized spaces, 207 are
provided. This takes away the 200 spaces that are reserved. One hundred and seventy-nine
spaces are needed by the project and this includes the 113 apartment units that are not
provided for by the private spaces. This provides a surplus of 28 spaces. If staff incorporates
traditional uses, 97 additional spaces are needed. This would result in a shortage of 69 spaces.
The applicant has a solution to accommodate the additional parking needs.
Martin Perry, representing Two Georges Restaurant, said meetings have been ongoing since
the Planning & Development Board meeting in an effort to try to resolve the problems discussed
by Mr. Rumpf. Former City Manager Willis advised that there is funding available in the CRA for
parking in this area. During the Planning & Development Board meeting, the developer was in
agreement with Mr. Rumpf's analysis that there was inadequate parking. After spending a great
deal of time dealing with this issue, a plan has been devised to increase the existing 505 spaces
that are currently proposed to be provided by the site plan by 130 additional spaces. This would
more than adequately address the issue. This would be accomplished with utilization of funds
from the CRA and a methodology to return the funds to the City would be put in place.
Mr. Perry said the developer proposes:
· The addition of a half deck to the parking garage that would increase the parking by
50 spaces.
Along the eastern extension of proposed Boynton Beach Boulevard, on the north
side of the eastern extension adjacent to the proposed apartment structure, the
developer could add another 40 or more parking spaces depending on how much
latitude the City is willing to grant.
The third location for additional parking would be on the south side of Casa Loma
Boulevard between the most eastern Two Georges building and Mrs. Hall's building.
The developer would rebuild the bulkhead, extending it slightly southerly into the
water and create a cutout from the street (at the eastern end and out at the western
end near the cul-de-sac).
In the opinions of the architect and engineer, these things can be accomplished. It is their
estimate that they can be accomplished within the $750,000 that Kerry Willis indicated was
available to the CRA. In doing preliminary conservative estimates, Mr. Perry determined that
the developer will end up with 325 spaces that would be shared by everyone. The balance of
the 630 spaces would be utilized for the residents. At an assumption rate of $2 per space, $650
per day would be realized. Mr. Perry rounded that number down to $600 per day and projected
it out over 300 days. This rate would produce $180,000 of annual revenue. This money,
invested at 10% interest, would pay off $750,000 at the end of six years and leave the City with
a positive cash flow of $59,000 after payment of debt and interest. In Mr. Perry's opinion, this is
a wise use of the funds since it is money that the City was not planning on recouping. The
developer feels it is important to have some type of metered or controlled parking in this area in
order to ensure the proper usage of the parking in the area. One hundred seven parking
spaces would be in the parking garage. The remainder of the spaces could be metered. This
would solve a problem and address the issue of returning funds to the public.
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Another item that was dealt with was the design of the cul-de-sac. As was previously designed,
the cul-de-sac had different elevations and had guardrail and curb abutments around it. All of
the pedestrian and vehicular traffic would be dropped off on the north side of Casa Loma
Boulevard in front of the restaurant. That cul-de-sac has been redesigned so that it is open with
removable bollards. This would allow emergency and service vehicles to go beyond the cul-de-
sac, prohibit regular traffic during times when pedestrians and patrons are in the area, and allow
for better use of the area. This will provide a positive solution to the problem of getting
emergency vehicles to the end of Casa Loma Boulevard. Previously, the proposal called for
grass on the sides with a center walkway down to Casa Loma Point Overlook. The developer is
proposing to do the entire area in paver blocks paid for by Two Georges and the developer.
Attorney Cherof referred the Commission to Condition #62 that reads as follows:
"Clarify whether the areas east of the Casa Loma Blvd. cul-de-sac and
south of retail B are sod or paved areas."
Mr. Perry pointed out that Condition #62 would be clarified with the proposal he described. He
added that landscaping would be included and the costs would be shared.
The last item of concern involved the utilization of Point Overlook once it is reconstructed and
the dock north of the Point Overlook area adjacent to the proposed restaurant on the north side
of Casa Loma Boulevard. The developer proposes that the area be utilized by both restaurants
for outside dining as long as an appropriate walkway is left open for pedestrian traffic. When
Mr. Currie pointed out that area on the map, Mr. Perry explained that no one knows who owns
Point Overlook.
Mayor Taylor pointed out that there could be confusion between the restaurant owners
regarding whom the tables belong to. Mr. Perry said there would be an understanding between
the parties about which tables each one owns. The restaurant owners would find a fair solution
governed by the City.
Mr. Perry thanked Mr. Jarvis, Bob Currie and Kerry Willis for their patience during this process.
Mayor Taylor explained that it was his understanding that all parties are in agreement with the
concept. Mr. Perry recommended that the concept become a condition of approval. Mr. Perry
distributed a copy of a memorandum that clarifies the concept. (A copy of this memorandum is
attached to the original set of these minutes on file in the City Clerk's Office.)
Tn response to Commissioner Titcomb, Mr. Perry said the developer would have to work with
the City regarding easements. There are a number of legal documents that everyone would
have to agree to be part of. Mrs. Hall would be involved in the parking at the north side of
Boynton Beach Boulevard. Everyone has agreed; however, Mrs. Hall is out of town and her
daughter, .ludy Andrews, has been in touch with her and she has blessed the arrangement.
Judy Andrews, Janet Hall's daughter, represented Mrs. Hall, Mrs. Hall gives her blessings to this
agreement that has been worked out. This property runs 18' x 200' in front of the lift station
owned by the City and due east of that area by another 18' x 200' (running east/west and
MEET:LNG MZNUTES
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owned by Janet Hall). Mrs. Hall is in agreement with this proposal as long as she has access to
her property that runs farther east. She is certain the logistics can be worked out.
when Commissioner 'ritcomb questioned whether or not the arrangement would be a leasehold
or sale of the property, Mr. Perry said the developer is considering a leasehold, However,
everything is subject to definition. :In terms of the actual parking spaces, more work is
required, The developer would like conceptual approval with direction to staff to work with the
developer toward the goal of finding as many parking spaces as possible.
Vice Mayor .laskiewicz is pleased with the redesign of the cul-de-sac and feels the area will lend
itself better to pedestrian use. She referred to the higher elevation of the project and pointed
out that this is a State requirement, Mr. Rumpf explained that the higher elevation is the
minimum elevation necessary to meet State requirements. This project could not go forward
unless this requirement is met.
Mayor Pro Tem 'rillman asked Peter Mazzella to explain how the Two Georges property and
marina property would drain and whether or not there would be a backup of water. Mr.
Mazzella explained that he had not yet seen the latest sketch. However, it was his
understanding that the applicant wants to use his own drainage system that has one outfall to
the south finger canal and relies upon exfiltration trenches to provide pretreatment on the site.
Mr. Currie confirmed that was the developer's intention. He said all water would be retained on
site.
Mr. Perry reiterated that the developer solved the problem of drainage relative to Two Georges.
David Geller questioned whether a petition was delivered to the City Commissioners.
Commissioner Titcomb explained that it was delivered to the former City Manager for
distribution to staff and the City Commissioners. All Commissioners read a copy of the petition.
Mr. Geller questioned the location of the temporary parking. He feels this project should not be
approved until all of the developer's intentions have been expressed. Mayor Taylor confirmed
for Mr. Geller that the retention pond issue was settled with the property owner. Mr. Geller also
expressed his opinion that the City should have purchased this property instead of the property
by Wahoo's for the purpose of building a marina. He said there are eight dive boats on the
south side of the marina. Each person on the dive boats comes to the area with a car. This
situation takes up all of the parking. Mr. Geller feels the citizens are being deprived of
something that belongs to the City.
When Vice Mayor .laskiewicz pointed out that the patrons of the dive boats have been parking
on the street, Mr. Geller said they should not have to park on the City's streets. Mayor Taylor
said the City is now creating parking that has been needed for a long time.
Lawrence Shebo is opposed to the project and pointed out that the artist's rendering that was
shown in September is vastly different from what is currently being approved. The previous
rendering focussed on public access. He feels this building will look out of place. Tn 1969, the
pamphlet the Chamber of Commerce handed out depicted Boynton Beach as a fishing
community. We took pride in that. Delray Beach cannot offer what we have to offer. :it would
14
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be in the best interest of the City to purchase the property rather than purchasing the property
next to Wahoo's. The City could have a working marina that would bring revenue into the City.
Dee Zibelli, 440 Ocean Parkway, said she has been investigating the safety issues. Our
new Codes require sprinkler systems in the buildings. Our present aerial ladder truck would
reach the height of the 'building, but the ladder must be positioned in a certain way. If there is
an implosion, it would be very difficult for the firefighters because they will not have access to
two sides of the building. She requested that serious consideration be given to this issue.
Herb Suss, resident of Quail Run, attended the Planning & Development Board meeting last
week when this project was approved by a 4-3 vote. While Mr. Suss is in favor of the project,
he feels there are too many loose ends and the Commission is rushing to approve this project.
He suggested that the Commission consider issues such as noise, carbon monoxide and
sanitation. He further pointed out that there are 229 apartments in this project. Tf everyone
has two cars, they will overtax the parking and their guests will have no where to park. He also
opposes the height of the building. He recommended not building higher than six stories. He
has reservations about this project even though this project is important to him. He
recommended that the Commission table this project to allow for more consideration time.
Victoria Costello, 406 South Seacrest Boulevard, concurred with the remarks of those
who spoke previously. She pointed out that in October, the Commission signed the first
amendment to the development agreement. She feels the boat storage facility would have had
significantly lower impact on this area. Mr. Garcia is transferring his interest to Mr..larvis who
wishes to building 229 apartments on a parcel that is only 7 acres. Since the downtown area
will define the City of Boynton Beach, she requested that the Commission refrain from
approving any changes to this strategic area at this time.
Charlie Fisher believes the marina is a great project and is important to the City's future.
However, there are a lot of items that need to be worked out. He requested that the
Commission table this item to allow time for these details to be worked out.
Bob Foot, 2400 SW 1 Street, referred to Mr. Currie's discussion of moving out the bulkhead.
He pointed out that this would involve cutting out nautical waters. He said the overlook has
always been public property and a nice place for everyone to visit. This proposal depicts the
overlook as private property. He urged the Commission to respect the public's use of that
public property.
Ed Tedtmann, 869 NW 8 Avenue, reviewed the plans for this project last week and did not
see any specifications for the exterior finish materials. He questioned whether or not the
exterior will be in harmony with the existing properties. He further inquired as to whether any
marketing studies have been done for high-end apartments in downtown Boynton Beach. He
asked if the project could be converted to condos if the apartment complex cannot provide the
operating income that is necessary. He feels it is very important to have a clear fire lane on the
north side of the building even through the construction phase, Mr. Tedtmann said he looked
at the private/public space and the mix does not "jive" in the pool area. Furthermore, a high-
end tenant would not feel comfortable mixing with the public in that area.
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Harry Marcus, 650 Horizons East, said he spoke with the Fire Chief about safety and was
assured that there is fire prevention equipment in the building. He questioned whether or not
staff felt comfortable that this is a fireproof building in the event there was to be a fire in one of
the higher stories of the complex.
Tom Tamany, 400 South Federal Highway, is interested in the zoning since that issue
resulted in the dismissal of one of the City's most valued employees. We are looking at zoning
that will accommodate 40 units per acre and we have 240 units with a garage crammed into
three acres. We have used the seven acres of the marina to justify 240 apartments. Mr.
Tamany feels the public deserves an apology and the Commission should rehire the fired
employee. This project began with a marina and now every inch of the parcel has been
configured. There is not enough parking. He visited Casa Loma Boulevard and counted 60
spaces on each side of the street. If this is supposed to be a marina, then he recommended
that the plans for the apartments be put on hold. He cannot make sense out of rushing to build
an apartment house. The City would also be providing $750,000 in forgiveness for Code
requirements. We do not have a performance bond set up, nor do we have a completion bond
or schedule of what will be done and when it will be done. The builder should be bonded. Mr.
Tamany is in favor of the marina but does not believe it is necessary to rush the apartment
house.
Mr. Currie requested an opportunity to respond to some of the issues raised. With regard to
the drainage on the west side of the building, the developer has a conceptual plan that allows
for the two pipes that are needed. The civil engineer is confident that problem has been
solved..lanet Hall's property to the north has been addressed. One member of the public was
concerned that there was no turnaround on the east side of the property. Mr. Currie said there
is a 90' diameter road to accommodate the largest of trucks. The temporary parking will be on
the west side and will be included in Phase II.
This proposal closely follows the recommendations of Visions 20/20 where eight-story buildings
were suggested. The developer has provided an eight-story building that follows a fishing
village theme. All of the waterfront is open to the public and the developer will be expanding
the docks. There is access on three sides of the buildings. The only area that is inaccessible is
the side of the building facing the water. Tn the marina area, there are sprinklers on the
building that spray out toward the boats. All of the buildings are sprinklered and made of the
highest quality fireproof materials that include block walls, hardboard exteriors, and metal roofs.
The hook and ladders extend to a height of 70'. This project will be 68' to the ceiling of the top
unit. By changing all dumpsters to compactors, more trash can be accommodated in a smaller
space. There will be a 6' wall between the pool for the residents and the common area.
This project has been in the process for approximately 12 years. The developer would like
approval to move forward subject to additional parking and financial assistance from the City
toward this end.
Vice Mayor .laskiewicz pointed out that there has been so much public debate about
redeveloping the downtown. This project can enhance an area that was becoming blighted.
She expressed surprise that some of the speakers were in favor of the boat storage. Every
issue has been addressed. The City is trying to put a beautiful $45 million project in the
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downtown. This Commission has been very thorough in reviewing this project and it is 100%
better now than it was when it was originally submitted. Vice Mayor .laskiewicz said there have
been rumors that this project began with 120 apartment units. That was never the case. The
original proposal included well over 300 apartment units.
Commissioner Titcomb said there has been a great deal of public input and revision associated
with this project. Although the speakers talked about assumptions, they were all negative. No
building will be designed that will answer the aesthetic desires of every constituent.
Commissioner Titcomb was very pleased that the cooperation of adjacent property owners was
gained. Once the property owners got together, a viable solution was able to be found. There
are still things to be worked out and many legal documents to be written. However, now is the
time for leadership. This project will not move forward unless it is economically feasible and
built to all Codes and specifications. No one will commit the time and money this project
demands unless it will be successful. Although Commissioner 'lqtcomb is sorry that the dock
rents will increase, he understands that this is necessary because of the money being invested
in this project.
Commissioner Titcomb has a concern with the installation of parking meters on this property.
He would prefer to look at this as an investment in our future. He would like to see this as
open and shared free parking for the City. Tt may be necessary to put meters in the most
critical areas such as the shop fronts or waterfront to allow for turnover. He recommends that
the employers find methods and mitigated parking to place employees off-site and provide ways
to transport them to work in order to leave the spaces open for the public.
Since the beginning, it has been obvious that to make the project viable and to revitalize the
downtown, it is necessary to have people living there. All of the businesses would benefit from
the placement of residents in the downtown. Commissioner Titcomb would like the Commission
to conceptually approve this project with full confidence that staff and Codes will protect the
City from any major errors that might derail the project.
Mayor Pro Tem Tillman recalled not liking the project when it first came before the Commission.
The Commission was opposed to the boat storage and the fact that many questions were not
answered. He now feels that this project has grown up. He had great concerns about the
"shared vision" and cooperation. He now feels the surrounding property owners have gotten
together with the developer. Many of the negatives have become positives. Tn order to have a
strong commercial base, a strong residential base is needed. There are always objections to
development. He recommends that everyone look at the long-term vision and what is best for
the City. Until now, Boynton has been stagnant. The only way to change the direction is to
show a footprint. This City will continue to grow and be the City it should be.
Commissioner Denahan was encouraged at seeing this development, but she regards the
parking situation as the biggest issue. She does not believe the Commission should use the
entire CRA fund of $750,000 for this project since they City has given so much already. She
recommended that the developer continue to work on the parking issue to develop something
that would not require the use of the CRA funds.
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Mayor Taylor explained thatthis funding would come from contingency and not the CRA fund.
This contingency money has been set aside to address parking in the downtown area. Mayor
Taylor pointed out that this project started out providing approximately 200 parking spaces.
They are now proposing 645 parking spaces. Even though there will be spaces dedicated to the
residents, the remaining number of spaces is still over and above what was originally intended.
:In addition, through cooperation, the developer has come up with an agreement everyone
could buy into to provide parking so that the businesses can thrive.
The Commission started with a vision and the focus was to pursue the vision and reach a goal.
Procrastination does not provide an end result. Someone must step forward and make things
happen. The public was part of the visioning process and was promised this project would not
end up on a shelf. This is now a good project and Mayor Taylor supports it and feels it is time
to move forward.
Vice Mayor ,laskieWicz acknowledged Mr. Currie as a renowned architect and thanked him for
his patience. She reminded everyone that he was the designer for the bridge and this project
will compliment the bridge.
Mayor Taylor reiterated that the money the Commission put forward with respect to permit fees
is based on the developer building in phases. The developer does not get any reimbursement
from the City until those items are completed.
Mayor Pro Tem lillman recommended that the Commission approve the conditional use subject
to clearly defining some parking information and the actual definition of the ownership of the
dock area.
Motion
He moved approval to construct a mixed use project with 229 apartments, 8,262 square feet of
retail space, a 152-seat restaurant, along with modifications to Phase I to comply with the
Development Agreement and subject to all terms and conditions mentioned and added by staff.
Attorney Cherof recommended that the Commission breakdown the motion since there were a
number of conditions that were specifically referenced. He recommended that the Commission
vote on each one of the conditions independently. He also added that he would provide a
recommendation to be added under "Additional Commission Conditions" to address the issue
Mayor Pro Tem Tillman raised about this being a footprint.
Attorney Cherof referred to Condition #13 that dealt with emergency access. Commissioner
Titcomb said this condition references an emergency lane. Tt is represented in the expanded
joint property owners' agreement that was submitted by Mr. Perry. He explained that if the
Commission were to adopt the joint agreement, it would take care of the issues in Comment
#13. Attorney Cherof clarified that the memorandum that was submitted by Mr. Perry must be
converted to an agreement between the property owners in recordable form and provided to
the City to be made part of the Developer's Agreement.
Mr. Currie said he was in complete agreement with Mr. Perry's letter.
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Attorney Cherof advised that adoption of the memorandum would take care of Condition #13.
Condition #30 dealt with the temporary parking and required lighting, drainage, and sidewalks.
Attorney Cherof said there was a tentative agreement that this temporary parking would not
have those items. However, there would be curb stops, railroad ties and some temporary poles
for lighting. Mr. Rumpf recommended deleting landscaping and sidewalks and that it remains
consistent with the Developer's Agreement. Mr. Rumpf also stated that the drainage must be
subsurface, thorough and is able to catch the first 2". Staff will work it out so that it meets
minimal requirements.
Commissioner Denahan referred to Condition #34 and questioned whether Phase I and Phase
II are addressed in the Developer's Agreement. Attorney Cherof responded negatively.
However, he pointed out that the easiest way to clear up some of the conditions such as the
temporary parking lot, incentive distribution, and location of the small parcel of property at the
east end of Casa Loma Boulevard would be through a second amendment to the Developer's
Agreement. Work is ongoing on that document. He recommended that the second
amendment be a condition of approval as well.
Condition #31 - Attorney Cherof explained that how the road is constructed becomes a liability
of the developer. :In Condition #32, the developer is required to maintain that road in
perpetuity. Mr. Rumpf does not believe that Condition #31 is a hurdle for the developer. It
references a Code section that sets forth minimal requirements to prepare an appropriate
roadway. It does not state the magnitude or volume of the removal of the subsurface
materials. IVlr. Currie was in agreement with Mr. Rumpf's explanation.
Condition #62 - There was agreement on the paver blocks.
Condition #64 - There is a comment at the bottom of the page that deals with additional
parking for Two Georges and the Dive Shop that is addressed by the conceptual agreement of
the property owners. Attorney Cherof said all of this would be tied up in an amendment to the
Developer's Agreement.
With respect to the $750,000 in C:[P funds, the CRA does not have any authority to authorize
that expenditure. One additional condition should be included that the City Commission
authorize appropriation or expenditure of that money for this purpose.
Condition #73 - Add the word "minimum" to the elevation of the road.
Attorney Cherof advised that if these conditions are adopted, he should be able to report back
to the CommissiOn at its next meeting that all documents have been prepared and all conditions
have been dealt with.
Attorney Cherof recommended that all of his comments be included as part of the motion.
There will be a rewrite of Exhibit "C". Commissioner Titcomb confirmed with Attorney Cherof
that the agreement among adjacent property owners is an additional condition of approval.
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Attorney Cherof advised that the CRA sits as the final body to approve conditional uses in the
Central Business District. This approval is the last step with the exception of bringing back
proof of satisfaction of the conditions. The Commission will adopt appropriation or expenditure
of the $750,000 on the next agenda.
Commissioner Titcomb seconded the motion.
Mr. Currie requested clarification with regard to the timing of ratification of the second
amendment of the Developer's Agreement. Attorney Cherof advised that the CRA is approving
the project based upon the Agreement being completed. The Agreement does not have to
come back to the Commission. The amendment will address how the payments will be made.
If there are any loose ends, it would come back to the Commission on March 2nd.
The motion carried 4-1. (Commissioner Denahan dissented.)
THE CRA ADJOURNED AT 9:00 P,M. MAYOR TAYLOR DECLARED A BRIEF RECESS.
THE REGULAR CITY COMMISSION MEETING RECONVENED AT 9:15 P.M.
B. Project:
Agent:
Owner:
Location:
Description:
Unisite at Quantum Park
Andy Zitman
Zitman & Associates, Inc.
City of Boynton Beach
Optimist Park at Quantum Park
Request approval to construct a 140' communication tower
with antennas, equipment, and access road.
(pOStponement requested)
Item VII-B was postponed at the applicant's request.
Project:
Agent:
Location:
Description:
Private Members Only Club
Robert Fetrow
1107-1109 North Federal Highway
Request for approval to adaptively reuse an existing
vacant building for a private club (Postponement
requested)
Item VII-C was postponed at the applicant's request.
Project:
Agent:
Owner:
Location:
Description:
Bible Church of God - Day Care Center
Shirley Waters
Bible Church of God
1390 North Seacrest Boulevard
Request for approval for a day care operation within an
existing church (Postponement requested)
Item VII-D was postponed at the applicant's request.
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VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
Mayor Taylor requested the addition of an item on "Tornado Safety" under New Business.
Motion
Vice Mayor .laskiewicz moved to amend the agenda. Mayor Pro Tem Tillman seconded the
motion that carried unanimously.
X. NEW BUSINESS:
A. Tornado Safety
IVlayor Taylor was disturbed by information he received from the Orlando Sent/ne/~ Thirty-four
people who lived in mobile homes were killed during a tornado. After this tragedy, they
investigated and learned that several hundred thousand children were being sent to school in
mobile classrooms there were not tied to the ground. Mayor Taylor requested that Code
Compliance determine whether it is our responsibility or the School Board's responsibility to
check these portable classrooms. If it is the School Board's responsibility, we will bring this
issue to their attention to determine whether or not they have checked these classrooms.
Mayor Taylor also recommended that Code Compliance check the mobile homes in the City.
Vice Mayor .laskiewicz has the same concern regarding the 1TV property. Code Compliance
went onto that property and some of those buildings are not permanently fastened to the
ground. She requested that Code Compliance look at this situation again.
Xl. LEGAL:
A. Ordinances -- 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. O99-05 Re: Providing for a determination
that changes to the Comprehensive DRI approved in Ordinance No. 84-
51, and amended in Ordinances Nos. 86-11, 86-37, 88-3, 94-10, 94-51,
96-33, 96-65 and 97-20 do not constitute a substantial deviation under
Chapter 380.06, Florida Statutes, 1996
Item XI-A. 1 was tabled.
Proposed Ordinance No. 099-06 Re: Approving the abandonment
of a special purpose easement and utility easement recorded for a
2]
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previously proposed subdivision that was not developed (Manatee Bay
fka Banyan Cove)
Attorney Cherof read Proposed Ordinance No. 099-06 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Denahan moved to approve Ordinance No, 099-06.
seconded the motion. City Clerk Sue Kruse polled the vote that was unanimous.
B. Ordinances- 1st Reading
1.
Motion
THERE WAS NO ONE PRESENT WHO
Commissioner Titcomb
Proposed Ordinance No. 099-07 Re: Prohibiting operation of
privately-owned commercial parking structures in the Central Business
District
Attorney Cherof read Proposed Ordinance No. 099-07 by title only.
Commissioner Denahan moved to approve Proposed Ordinance No. 099-07. Mayor Pro Tem
lillman seconded the motion. City Clerk Sue Kruse polled the vote that was unanimous.
C. Resolutions:
None
D. Other:
1. Value of Ocean Ridge use of City of Boynton Beach Property
Mayor Taylor explained that staff was given direction on this item at a previous meeting.
2. Discussion regarding a minority enterprise program
Mr, Hawkins advised that the City Attorney did research regarding this issue and there are
several approaches. However, before any type of scenario could be permitted, a foundation
would have to be set to determine that a disparity exists. This is an important factor in
adopting ordinances regarding the NWEB program. Mr. Hawkins recommends having a
disparity study performed prior to considering the establishment of an ordinance. The study
would include going back 10 to 20 years to review purchasing records and contracts. This is
not a project that could be done in-house. It would have to be contracted out to a consultant.
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Vice Mayor .laskiewicz recalled seeing a minority involvement column on the bids. Mr. Hawkins
explained that this is a requirement to meet State Statutes. This is done for data purposes.
We do not use this for enforcement of set-asides because we do not have set-asides.
:In response to Commissioner Denahan, Attorney Cherof said he was unaware of any complaints
against the City regarding disparity.
Mayor Pro Tem Tillman feels a major component of becoming an Ali-American City is to ensure
that our City complies in all areas. He has discussed this situation with the City Attorney and is
hopeful that we would not include information that only provides a set aside, but something
that would be more defined. Mayor Pro Tem 'rillman would like the City Attorney to provide
insight so that the Commission can move forward. Attorney Cherof will provide a more detailed
report at the next meeting.
3. Proposed policy prohibiting bid withdrawals for errors
Mayor Taylor explained that a contract was awarded to a company that was to do work on the
East Water Treatment Plant. Once they were awarded the contract, they felt they had made an
error in the bid and could not do the work for the specified amount of money. The City has
now lost a great deal of time and money. Therefore, it is important to develop a policy
whereby a penalty is imposed for such actions.
Attorney Cherof explained that a window of opportunity for bidders to withdraw their bids
without penalty has been identified. It is important to close that window.
Mr. Sugerman said the policy, as written, allows a prospective bidder to withdraw a bid up to
moment of award. This is where the problem exists. Staff feels the best practice would be that
once a bid is submitted, it may not be withdrawn without forfeiture of the bid bond.
Commissioner Denahan questioned whether or not this would limit the number of bidders.
Attorney Cherof did not believe instituting this policy would limit the bidders. The bid process is
very time consuming. Mr. Sugerman said it is fairly typical to forfeit a bid bond for withdrawal
before the bid award. Our circumstances are atypical.
Consensus
There was a consensus of the Commission to tighten up this policy.
Xll. UNFINISHED BUSINESS:
Deny the waiving of the outstanding balance on the utility account for George
Brown
Mayor Taylor explained that after reading the backup material, he realized that a meter was
located on the property. There was an availability fee that grew to $1,018. When Mr. Brown
purchased the property, he was told there were no outstanding bills. When Mr. Brown received
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the bill, he contacted the City to request relief. The City agreed to adjust the account down to
$651.41; however, that was not agreeable.
Mr. Brown said he paid the seller to close all utilities because there was no need for them. He
has been working on the property for a year and a half to bring it up to par. He used no water.
Tt took two years for the City to let him know that it would have been possible for him to
remove the meter to eliminate the availability fee. Mr. Brown insisted that he used no water.
He said he paid his neighbors to use their water when he needed to make mud. Mr. Brown said
he would have paid to remove the meter rather than look like he shirked his bill.
Mayor Taylor reiterated to Mr. Brown that when a meter is installed, an availability fee is
charged because the water is ready to use. However, Mr. Brown pointed out that his house
was not ready for water use. The house was a rundown duplex that he worked on for two
years. ]:t is now ready for tenants and he can use the water.
Commissioner Titcomb confirmed the figure of $180 to remove the meter.
Motion
Commissioner Titcomb moved to resolve the case at a cost of $180 that is the cost of removing
the meter. Mayor Pro Tem Tillman seconded the motion that carried unanimously.
Recommendation to consider paying cap fees on behalf of pilot irrigation meter
projects
Vice Mayor .laskiewicz advised that part of the grant fees for landscape improvements includes
irrigation systems. One of the gentlemen involved in the program is providing an irrigation
system. However, because of the large area that is being landscaped, it would be better for
him to put in an irrigation meter. Tn order to get that meter installed, a cap fee must be paid.
This gentleman has already paid a cap fee. It is the desire of the committee to have the cap
fee included in the program as part of the grant. This funding would involve $500 to $1,000.
Mr. Sugerman said that in each case there is a calculation that is based on square footage of
landscaping. The fee would be from $500 to $1,500.
Mayor Taylor confirmed that this part of the program would only apply to the pilot areas that
are targeted for revitalization.
Motion
Vice Mayor ]askiewicz moved to pay the cap fees as part of the grant agreements with people
who are going to improve their properties in this pilot program. Mayor Pro Tem Tillman
seconded the motion.
Commissioner 'ritcomb confirmed that this would be on a case-by-case basis and the cap fee
would be an option versus other facade or landscape applications. Vice Mayor .laskiewicz
agreed and believes that only very few people would take advantage of this option.
24
MEETTNG MINUTES
REGULAR CI'TY COMMZSSTON
BOYNTON BEACH, FLORZDA
FEBRUARY 16, 1999
The motion carried 5-0.
Xlll. OTHER:
None
XlV. ADJOURNMENT:
There being no further business to come before the City Commission, the meeting properly
adjourned at 9:40 p.m.
ATTEST:
Cit~ Clerk - --
ive Uty City Clerk
Tapes)
CITY OF BOYNTON BEACH
Commissioner ~"~_
Commissioner
jmp
j :\shrdata\cc\wp\minutes\comm\O21699.doc
25
.' ' DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
,~ CITY OF BOYNTON BEACH,' FLORIDA
PROJECT NAME: Foster Farm PUD
APPLICANT'S AGENT: Julian Bryan, Julian Bryan and Associates
APPLICANT'S ADDRESS: 756 St. Albans Drive, Boca Raton, Florida 33486
DATE OF RATIFICATION BEFORE CITY COMMISSION: February 16, 1999
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: North side of Minor Road, one-half mile west of Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
~' City Clerk'~'
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Fosters Mill PUD\NWSP 99-O01\Develop. Order-NWSP.doc
EXHIBIT "C"
Conditions of Approval
Project name: Foster Farm PUD (fka Foster Mill)
File number: NWSP 99-001
Reference: The plans consist of 11 sheets identified as 1 st Review, New Site Plan. File # NWSP 99-001
with a January 12, 1999 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. Waste removal in connection with construction process must be serviced X
by City of Boynton Beach. Place note on dumpster detail to indicate
same.
UTILITIES
Comments:
2. The final landscaping plan shows canopy trees within utilities easements X
throughout the site, especially in the front easement crossing each
property. These canopy trees, labeled "street trees" will directly conflict
with fire hydrants, water and sewer services, and will also likely conflict
with other utilities (electric, phone, and cable TV). Canopy trees may be
planted outside of the easement so that roots and branches will not
impact those utilities within the easement in the foreseeable future. LDR
Sec. 7.5-18.1 gives public utilities the authority to remove any trees that
interfere with utility services, either in utility easements or public
rights0of-way. This plan, however, is in direct conflict with our
development order comments, and should not be approved.
FIRE
Comments:
3. No planting other than sod will be placed within 5 feet of a hydrant. Ch. X
9, Sec. 29. The entry gate will provide emergency access as determined
by the Fire Marshal.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
Page 2
Foster Farm PUD (fka Foster Mill)
File No.: NWSP 99-001
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments:
4. At time of permit review, submit a survey of the portion of the land X
where the site signs are proposed to be located.
5. At time of permit review, submit a site plan showing the location of both X
site signs with respect to adjacent property/tract lines m~d right-of-way.
Add to the plan the location of both signs by dimensioning their location
from adjacent property lines. Note the minimum sign setback dimension
shall be shown as ten feet.
6. It is recommended that all drawings of the sales trailer and model homes X
that are illustrated on the submitted drawings be removed. The sales
trailer and model homes are currently being reviewed for permits or have
been permitted through the Building Division. Removing them from the
site plan submittal will eliminate confusion and inconsistency between
the improvements that are shown on the site plan and permit drawings.
7. Permits will be required for the following improvements that are X
illustrated on the submitted plans: irrigation, landscaping, tot lot
improvements, site wall and signage.
8. Place a note on the drawing of the site signage indicating that the signs X
are not illuminated, or provide the necessary details for lighting.
9. Place a note on the drawing of the tot lot indicating that there are no X
signs located at the tot lot.
10. Where applicable, show the setback line of the tot lot on the site plan. X
11. At time of permit review, add to the site plan of the tot lot the dimension X
from the north, south and west property line to the leading edge of the tot
lot plan equipment.
12. At time of permit review, dimension the width of the sidewalk. Also X
indicate type of material and other construction specifications.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Page 3
Foster Farm PUD (fka Foster Mill)
File No.: NWSP 99-001
DEPARTMENTS
Comments: None
PLANNING AND ZONING
Comments:
13.
It is recommended that notes #3 on sheet L-9, and #2 on sheet L-10, in
the General Notes and Planting Specifications to read 100% coverage
with 50% overlap. Also state from which source the system will be
supplied. Ch.4 Sec.7 Par. C.3
INCLUDE
X
X
14. Indicate on plant list tables those native species to confirm compliance X
with 50% minimum regulation.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
15. None X
ADDITIONAL CITY COMMISSION CONDITIONS
16. ' . A/~/ff~-
J:\SHRDATA~Planning\SHARED\WP~PROJECTS\Fosters Mill PUD\NWSP 99-00 l\cond, of appr-NWSP revised 2-2-99.doc
MWR/bme/dim
REJECT
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Foster Farm PUD
APPLICANT'S AGENT: Julian Bryan, Julian Bryan and Associates
APPLICANT'S ADDRESS: 756 St. Albans Drive, Boca Raton, Florida 33486
DATE OF RATIFICATION BEFORE CITY COMMISSION: February 16, 1999
TYPE OF RELIEF SOUGHT: Master Plan Modification
LOCATION OF PROPERTY: North side of Minor Road, one-half mile west of Congress Avenue
DRAWING(S): SEE EXHIBIT "B" A-I-I-ACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
EXHIBIT "C"
Conditions of Approval
Project name: Foster Farm PUD (fka Foster Mill)
File number: MPMD 99-001
Reference: The plans consist of 1 sheet identified as 1 st Submittal, Master Plan Modification. File # MPMD
99-001 with a January 12, 1999 Planning and Zoning Department date stamp marking.
DEPARTMENTS 1NCLUDE REJECT
PUBLIC WORKS
Comments:
1. Waste removal in connection with construction process must be serviced X
by City of Boynton Beach. Place note on dumpster detail to indicate
same.
UTILITIES
Comments: None X
FIRE
Comments:
2. No planting other than sod will be placed within 5 feet of a hydrant. Ch. X
9, Sec. 29. The entry gate will provide emergency access as determined
by the Fire Marshal.
POLICE
Comments:
3. None X
ENGINEERING DIVISION
Comments:
4. Change the name "FOSTER FARM P.U.D." to FOSTERS MILL A X
P.U.D. [LDR Chapter 5, Article V, Section 1 .C.]
5. Add the street names to the plan. [LDR Chapter 5, Article V, Section X
1.c.1
6. Update the "Site Data" and "Development Team Data" to reflect current X
information.
Page 2
Foster Farm PUD (fka Foster Mill)
File No.: MPMD 99-001
DEPARTMENTS iNCLUDE REJECT
7. Reflect the "Cut Comers" as shown on the plat document at the X
intersections of the two cul-de-sacs with the main road. [LDR Chapter 5,
Article V, Section 1.C.]
BUILDiNG DIVISION
Comments:
8. Add the following notes to the master plan: X
a. Site signage shall be subject to site plan review for compliance
with the applicable codes and regulations.
b. Fences located on common ground tracts shall be subject to the
fence regulations specified in the Zoning Code with the
exception that no side of a common ground tract shall be
considered as a front.
9. Show the location of both site signs by dimensioning on the master plan X
the distance from the property lines to the leading edge of both signs.
Note the minimum setback dimension allowed is ten (10) feet.
10. It is recommended that the sales trailer and model homes that are X
illustrated on the master plan be removed. The sales trailer and model
homes are currently being reviewed for permits or have been permitted
through the Building Division. Sales trailers and model homes have
historically been processed as a minor site plan modification through the
permit process and not shown on the master plan. Removing them from
the master plan will eliminate inconsistency in submittals and allow the
master plan to illustrate actual conditions, not temporary conditions.
11. To protect adjacent lot owners from the activities of tot lot, it is X
recommended that a ten (10 foot setback be established around the
perimeter of the tract of land that contains the tot lot. The setback shall
be referenced and shown on the master plan. The following note shall
also be added to the master plan: No portion of the tot Lot plan
equipment or ancillary structures shall be located within the ten-foot
setback area.
12. All line changes marked on the current rectified master plan shall be X
transferred to the new modified master plan.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST I I
Page 3
Foster Farm PUD (fka Foster Mill)
File No.: MPMD 99-001
DEPARTMENTS INCLUDE REJECT
Comments: None X
PLANNING AND ZONING
Comments:
13. Place note on plan indicating that where other than palm trees are placed X
within easements, city must be provided with verification of consent
from all utility easement occupants at time of individual permit.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
14. None X
ADDITIONAL CITY COMMISSION CONDITIONS
is.
J:\SHRDATA~Planning\SHARED\WP~PROJECTS\Fostcrs Mill PUD\MPMD 99-00 l\oond, of appr-MPMD revised 2-2-99.do¢
MWR/bme/dim
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Shoppes of Woolbright PCD - Home Depot Tool Rental Center
APPLICANT'S AGENT: Steven Tare, Caulfield and Wheeler, Inc.
APPLICANT'S ADDRESS: 7301-A West Palmetto Park Road, Suite 100A, Boca Raton, FL 33433
DATE OF RATIFICATION BEFORE CITY COMMISSION: February 16, 1999
TYPE OF RELIEF SOUGHT: Master Plan Modification
LOCATION OF PROPERTY: North side of Woolbright Road and east of the L.W.D.D. E-4 Canal
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MA'FrER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
¢' City Clerk'"'-
J:\SHRDATA\Planning\SHARED\WP\PROJEOTS\Shoppes of Woolbdght PCD-MPMD 98-005~Develop. Order. doc
EXHIBIT "C"
Conditions of Approval
Project name: Shoppes of Woolbright PCD - Home Depot Tool Rental Center
File number: MPMD 98-005
Reference: The plans consist of 1 sheet identified as 2nd Submittal, Master Plan Modification. File #
MPMD 98-005 with a January 28, 1999 Planning and Zoning Department date stamp marking.
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments:
1. At time of permit, 1) submit a survey showing the existing and proposed X
property lines located within the limits of construction; 2) provide a
recorded Unity of Title that adjoins the property that the new facility is
located on to the Home Depot property; and 3) show that the type of
construction, fire rating of exterior walls and percent of openings in the
exterior walls shall comply with the regulations specified in Table 600 of
the Standard Building Code.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
2. The applicant should have the site existing landscaping brought up to X
current standards as part of the site plan review process.
PLANNING AND ZONING
Comments:
Page 2
Shoppes of Woolbright PCD - Home Depot Tool Rental Center
File No.: MPMD 98-005
DEPARTMENTS INCLUDE REJECT
3. No surplus buildable square footage exists on the restaurant parcel X
known as Food Court. Revise master plan to show current approved
square footage for this parcel, 4,000 square feet, and reduce proposed
tool center by 290 square feet or further reduce the "Future Retail" site
by the additional 290 square feet.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
4. Existing site landscaping be enhanced. X
ADDITIONAL CITY COMMISSION CONDITIONS
5. T-o-be d~t~nnixte-~. A~.~v'~' ~
\\CEruMA1N~SHRDATA~Planning\SHARED\WP\PROJECTS\Shoppes of Woolbright PCD-MPMD 98-005\Home Depot Tool Rental\Cond of Appr. doe
MWR/bme/dim
F. MARTIN PERRY
TO:
FROM:
DATE:
RE:
Law Offices
F. Martin Perry, P.A.
1645 Palm Beach Lakes Blvd.
Suite 1200
West Palm Beach, Florida 33401
MEMORANDUM
Bruce Jarvis
Robert Currie
Bill Scaggs, Jr.
Joe Scaggs
Janet Hall
F. Martin Perry
February 16, 1999
Boynton Beach Marina Conditional Use
TELEPHONE (561) 471-3507
FAX (561) 686-5442
This memorandum will Summarize our discussions and agreements reached as a result
of our meetings on Friday, February 12 and Monday, February 15. As a result of
these meetings, we have reached the following understandings, which we agree
should be included as conditions to the approval of Boynton Beach Marina - COUS
98-008, Conditional Use.
Parking. The site plan for the prOject currently reflects a total of 505 parking
spaces which includes all spaces to be constructed in the proposed parking
garage-,together with spaces shown in the right-of-way for Casa Loma
Boulevard, as well as at grade parking reflected on the applicant's property.
We have agreed upon a plan that will add an additional 130 spaces to the
overall parking plan for a total of 635 spaces. We have agreed that 315 of
these spaces will be shared. The remainder will be for the use of the
residences to be constructed. Of the 315 shared spaces, 107 of these spaces
will be located in the lower floor(s) of the parking garage.
The additional spaces shall be constructed through funds provided by the CRA
(City). According to former City Manager Kerri Willis, who briefly attended our
meeting on Friday, February 12, $750,000 is available and has been set aside
for the purpose of solving parking problems in this area. By utilizing these
funds, we propose to create approximately 40 parking spaces adjacent to the
seawall on the south side of Casa Loma Boulevard on private land located
between the most westerly Two Georges building and Mrs. Hall's building.
This will require reconstruction of the seawall and bringing that area up to a
grade similar to that proposed for Casa Loma Boulevard with curb cuts
designed at the eastern and western portions of that parking area in order that
traffic may circulate from Casa Loma Boulevard through the parking area and
back out to Casa Loma Boulevard at a point near the proposed cul-de-sac on
the eastern end of Casa Loma Boulevard.
Secondly, 40 spaces are proposed to be constructed on property owned by
Mrs. Hall and the City of Boynton Beach on the north side of the proposed
extension of Boynton Beach Boulevard north of the proposed residential
structure and parking garage.
Thirdly, an additional ~ floor shall be added to the proposed parking garage for
the purpose of providing an additional 50 parking spaces.
Preliminary estimates by Messrs. Dixon, Currie and Hoffman indicate that these
improvements can be completed within the $750,000 which the CRA (City)
has available for addressing parking problems in this area, as noted by Ms.
Willis. Further, all parties are in agreement that all shared parking (315 spaces)
shall be metered or otherwise controlled in order to create a revenue stream for
the CRA (City) to provide a return for these funds. Additionally, easements
which may be required to facilitate this arrangement will be provided by the
respective affected property owners. Further, the Development Order should
reflect an understanding that these shared parking spaces are intended for the
benefit of the Casa Loma Boulevard property owners and businesses.
Casa Loma cul-de-sac (eastern) design, including area to the east thereof. An
agreement has been reached by all parties that this area shall be redesigned for
the purpose of eliminating unnecessary curbing and handrails in order to allow
for an open sloped area to the east of the cul-de-sac, which would be finished
in paver ,bricks or blocks, together with appropriate landscaping. Provision will
be made for removable bollards along the eastern edge of the circle. The
applicant and the owners of Two Georges Restaurant have agreed to share
equally in the expense of the pavers and landscaping for the area east of the
cul-de-sac. This redesign will provide for a better usage of the area for
purposes of service and emergency vehicles.
Utilization of Point Overlook and dock/deck area north of Point Overlook. It
was agreed by all parties that the two restaurants located at the easterly end
of Casa Loma Boulevard should be able to utilize this area on a shared basis for
outside dining, as long as a pedestrian pathway is maintained through the area,
similar in nature to what occurs along Atlantic Avenue in Delray Beach and
Clematis Street in West Palm Beach.
H:\CLIENT\DSS Management\memo 2-16-99
CITY OF BOYNTON BEACH, FLORIDA ~.:
PROJECT NAME: Boynton Beach Marina
APPLICANT'S AGENT: Robert G. Currie
APPLICANT'S ADDRESS: 134 N.E. 1st Avenue, Delray Beach, Florida 33444
DATE OF HEARING BEFORE CITY COMMISSION: February 16, 1999
TYPE OF RELIEF SOUGHT: Conditional Use
LOCATION OF PROPERTY: Casa Loma Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
' ¢/ City Clerk-"-
J:\SHRDATA\Planning~SHARED\WP~PROJECTS~vlARINA~COUS-12-98tDevelop. Order 12-98 COUS.doc
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Marina
File number: COUS 98-008
Reference: The plans consist of 5 sheets identified as 4th Review, New Site Plan. File # COUS
98-008 with a February 2, 1999 Plannin.q and Zonin.q Department date stamp markin,q.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. The dumpster (or vertical compactor) enclosures should be 10 feet X
by 10 feet internal dimensions. The gates for the containers
should be mounted on the outside of the enclosures. The
enclosures should be widened if the gates are to be mounted on
the inside. Steel dowels should be installed to hold the gates
open. The truck must be provided with a turning radius of 55 feet
minimum.
2. Waste removal in connection with construction process must be X
serviced by City of Boynton Beach. Place note on dumpster detail
to indicate same.
UTILITIES
Comments:
3. All utilities easements shall be shown on the rectified landscaping X
drawings so that we may determine which trees may interfere with
utilities. In general, palm trees will be the only tree species
allowed within utility easements. Canopy trees may be planted
outside of the easement so that roots and branches will not impact
those utilities within the easement in the foreseeable future. LDR
Sec. 7.5-18.1 gives public utilities the authority to remove any
trees that interfere with utility services, either in utility easements
or public rights-of-way. There appear to be some very definite
conflicts between canopy trees and utilities in this submittal, as
there were in the December 1998 submittal.
4. Department of Health permits will be required for the water and X
sewer system extensions serving this project. (Sec. 26-12). Show
all existing and proposed water and sanitary sewer improvements
on the site plan or drainage plan at this time including pipe size,
and location. (Sec. 26-16)
5. Fire flow calculations will be required demonstrating the City Code X
requirement of 1500 g.p.m, as stated in LDR Chap. 6, Art., Sec.
16, or the requirement imposed by insurance underwriters,
Page 2
Boynton Beach Marina
File No.: COUS 98-008
DEPARTMENTS INCLUDE REJECT
whichever is greater. (See Sec. 26-16(a)). Fire flow tests results
for the main on Ocean Avenue have been provided, but fire flow
calculations to the on-site hydrants have not. Please submit these
calculations with your Health Department permit application and
plans.
6. Provide proposed elevations, flow arrows, treatment facilities and X
an engineer's written certification that drainage will conform to all
rules of the City and the South Florida Water Management District.
(LDR Chap. 4, Sec. 7F)
7. Water and sewer lines to be owned and operated by the City shall X
be included within utility easements. Please show all existing or
proposed easements on the site plan and drainage plan. The
water and sanitary sewer lines to be situated along the west side
of the project will require a clear, unencumbered easement of 37
feet (12' for water, 25' for sanitary). All easements shall be
dedicated via separate instrument to the City as stated in Sec. 26-
33(a) of the Code. These easements must be dedicated within 30
days in order to allow the City to commence relocation of the 24"
diameter gravity sewer. Provide resolution verifying abandonment
of the existing utility easements no longer needed.
8. The drainage plan included in this submittal is dated December 7, X
1998, and is similar if not identical to the one submitted in
December. It has the same drawbacks as previously mentioned;
namely there is insufficient space for the water, sewer and
drainage lines shown along the west side of the site. It also shows
restaurant #1 in a different location from that shown on the site
plan. Please re-submit a consistent Set of plans.
9. Appropriate backflow preventers will be required on the domestic X
water services to the buildings, and the fire sprinkler lines, in
accordance with Sec. 26-207.
10. Building permits for this project shall not be issued until this office X
has approved the plans for the water and/or sewer improvements
required to serve each of those buildings. (Sec. 26-15). In
addition, the developer shall post surety for all other required
improvements for which he is responsible, and which will not be
completed before the first certificate of occupancy. (LDR Chap. 6,
Art. V, Sec. 7). This surety will exclude items to be installed by or
under the direction of the City as stipulated in exhibit "1" of the
"Development Agreement".
11. Note that the addition of 229 apartment units greatly intensifies the X
Page 3
Boynton Beach Marina
File No.: COUS 98-008
DEPARTMENTS INCLUDE REJECT
use of the site above what was originally anticipated. This change
will result in an additional capital facilities charge of approximately
$250,000 for water and sewer, if approved. The developer is
therefore responsible for payment of this additional fee.
12. The 15-foot utility and roadway easement west of the platted N.E. X
6th Street right-of-way, referenced in paragraph 9 of the "First
Amendment to Development Agreement" must now be dedicated
to the City to allow maintenance of City utilities.
FIRE
Comments:
13. Emergency access along north side of apartment building to the X
north dock is not shown. A fire lane is required. BBCC 9-21
14. Standpipe/sprinkler system fire department connection is not X
shown for the apartment building. BBCC 9-6
15. Dock standpipes no farther apart than 200 feet. BBCC 9-6 X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
16. All plans submitted for specific permits shall meet the city's code X
requirements at time of application. These permits include, but
are not limited to the following: site lighting, paving, drainage,
curbing, landscaping and irrigation. Permits required from other
permitting agencies, such as FDOT, PBC, SFWMD, DERM,
LWDD, DEP and any others, shall be included with your permit
request.
17. Provide a signed copy of the land purchase contract for purposes X
of determining the fair market value of the subject parcel. The
land value shall establish the fee required in lieu of land dedication
for park and recreational purposes. [LDR Chapter 1, Article V,
Section 3.A.2.]
18. As part of the Phase I construction, construct the sidewalk along X
Page 4
Boynton Beach Marina
File No.: COUS 98-008
DEPARTMENTS INCLUDE REJECT
the east side of NE 6th Street and the south side of Casa Loma
Blvd. now indicated on the site plan to be done "By Others" to
provide a complete pedestrian circulation system within the
marina. [LDR Chapter 4, Section 8.C.] In accordance with the
Developer's Agreement, the City will seek written approvals from
abutting property owners whose property will be constructed or
modified and the Developer shall agree to make all proposed
improvements at his cost.
19. Upon submittal of construction drawings for Casa Loma Blvd. and X
NE 6th Street, the applicant shall provide a recent detailed
topographic survey, prepared by a land surveyor registered in the
State of Florida, showing existing conditions of the area to the
south of Casa Loma Blvd. and the area east of NE 6th Street.
Design drawings for these areas shall show in detail how public
access, including handicap access, is to be provided to the
facilities of the adjacent properties, including proposed retaining
walls, ramps, stairs, etc.
20. The City and the applicant shall jointly participate in obtaining a X
minimum 50' wide right-of-way and a 90' paved cul-de-sac along
Boynton Beach Blvd. at the easternmost point of the property for
ingress, egress, fire and police purposes with sidewalk on both
sides of the roadway. The participants shall obtain the necessary
right-of-way (including the 30' FDOT R/VV), prepare the necessary
plans, construct the required improvements and participate in the
costs as provided in a Developer's Agreement. This work shall be
completed prior to issuance of a C.O. for any of the proposed
buildings or the boat docking facilities. [LDR Chapter 4, Section
8.C., Chapter 6, Article III, Section 12., Chapter 6, Article IV,
Section 10., Chapter 6, Article IV, Section 10.D., Chapter 6, Article
IV, Section 10.B., Chapter 2, Section 11.2.D.]
21. Provide an acceptable street name for the private roadway west of X
the apartment building. [LDR Chapter 6, Article IV, Section 10.Q.]
The City's street system is on a quadrant basis so identify the
roadway as NE 6t~ Place, Way or other acceptable suffix.
22. Locate several handicap stalls on the north side of Casa Loma X
Blvd. for accessible routes to Phase I retail and office space and
Phase II retail to provide the shortest accessible route per the
Florida Accessibility Code.
23. The applicant shall agree to incorporate in the dock leasing X
agreements a stipulation disallowing boat tenants from using the
public parking spaces along Casa Loma Blvd.,NE 6t~ St., the
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DEPARTMENTS INCLUDE 'REJECT
private roadway west of the residential building and the first floor
of the parking garage for their parking purposes. The dock leasing
agreements must also stipulate that live aboards are not allowed
in accordance with the DEP permit. Provide the City with copies
of the proposed leasing agreements for review and approval.
24. The applicant shall agree to incorporate in the leasing agreements X
for all retail uses a stipulation disallowing retail employees from
using the public parking spaces along Casa Loma Blvd., NE 6th
Street, the private roadway west of the residential building and the
first floor of the parking garage for their parking purposes. Provide
the City with copies of the proposed leasing agreements for review
and approval.
25. The requirements of the Florida Accessibility Code shall be met for X
any proposed valet parking.
26. Show proposed turning movements on the Site Plan for access of X
City trash trucks to and from all compactors and dumpsters.
27. Provide the City with the appropriate documents to designate X
public access and recreational use easements for the proposed
public park at the intracoastal waterway, the pedestrian pathways
between and on the north side of the proposed retail buildings and
for the courtyard area located east of the proposed residential
building, including a walkway to the north property line of the site.
28. Show proposed public facilities on the site plan and provide X
enlarged plan views of proposed designs for the proposed public
park at the intracoastal waterway, Casa Loma Blvd. and the public
courtyard for review and approval by the Commissioners. Plans
shall include proposed public amenities such as benches/seating,
trash receptacles, bike racks, drinking fountains, lighting,
landscaping, etc.
29. It appears that the proposed site storm drainage system will need X
to be revised to include the courtyard area east of the proposed
residential building and that this revision will require approval of
the DEP. The applicant shall give strong consideration to the
possibility of relocating the storm drainage outfall to the basin
located within the property, rather than the basin at the south of
the site, as part of revising the storm drainage permit. This will
increase water quality within the basin and would most likely be
supported by DEP. If this revision is made it will directly affect the
installation of the seawall panels, regarding pipe penetration
through the seawall panels. Provide temporary parking in the
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DEPARTMENTS INCLUDE REJECT
phase II area until phase II is constructed to address the parking
deficiency discussed in the previous comment (no landscape plan
required).
30. Submit plans for review and approval for the proposed temporary X
parking lot. Temporary parking shall be provided in the Phase II
apartment building site area until Phase II is constructed. The
temporary parking area shall have landscaping, lighting, drainage
and sidewalks.
31. Regarding proposed construction of Casa Loma Blvd., NE 6th X
Street and the private roadway the applicant should be aware that
roadways constructed in muck or peat shall be constructed in
conformance with Chapter 6, Article IV, Section 10.E. of the City's
Land Development Regulations.
32. In accordance with the Developer's Agreement, the applicant will X
be required to maintain Casa Loma Blvd in perpetuity. The
applicant shall provide the City with a Maintenance Agreement for
Casa Loma Blvd. in a form acceptable to the City. The
Maintenance Agreement will be reviewed by the City Engineer,
Public Works and Utilities prior to finalization.
33. Show the six fish cleaning and garbage stations required by the X
DEP permit on the Site Plan.
34. It is recommended that the overall Site Plan be approved subject X
to the revised conditions of approval, the Development
Agreement, and the First Amendment to the Development
Agreement.
35. Provide additional right-of-way along west side of NE 6th Street to X
provide left and right turn lanes with storage capacity to offset.
traffic impact by apartment building and to provide efficient
circulation in conformance with item 7B of the First Amendment to
Development Agreement.
BUILDING DIVISION
Comments:
36. At time of permit review, submit a recorded unity of title that X
combines all lots and parcels as one lot.
37. Add to the sheet titled Restaurant #1 Floor Plan the following X
building specifications: Gross floor area each floor, total gross
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DEPARTMENTS INCLUDE 'REJEC"
floor area entire building, floor area of the exterior covered area,
seats per floor (indoor and outdoor), total seats entire facility,
overall building height, finish floor elevation Ist floor, type of
construction and occupancy classification.
38. At time of permit review, amend all plan view drawings to show X
that the accessible routes that are required between the
accessible parking spaces and all uses and amenities proposed
for the project are in compliance with the regulations specified in
the Florida Accessibility Code for Building Construction and the
Federal Fair Housing Act.
39. At time of permit review, amend all plan view drawings to show X
that the accessible routes that are required between the
accessible parking spaces and all uses and amenities proposed
for the project are in compliance with the regulations specified in
the Florida Accessibility Code for Building Construction and the
Federal Fair Housing Act.
40. At time of permit review, provide detail drawings that illustrate how X
vertical changes in elevation along all accessible routes will be
overcome. The working drawings that illustrate the vertical
changes in elevation shall be depicted in compliance with
regulations specified in the accessibility codes.
41. It is recommended that at least four accessible parking spaces be X
added to the north side of Casa Loma Boulevard. These spaces
should be distributed to serve the buildings titled Retail 'B' & Office
and Restaurant #2.
42. Place a note on the site plan indicating that the path of travel to X
and from the buildings and other facilities on the site are in
compliance with the Florida Accessibility Code for Building
Construction and the Federal Fair Housing Act.
43. Amend the tabular parking data category titled Parking on Project X
Property to include specifying that the 355 car parking garage
requires eight (8) accessible parking spaces of which one (1) shall
be shown and labeled as van accessible. The remaining ninety
(90) spaces require four (4) accessible spaces be shown and
provided at the site. Therefore, a total of twelve (12) accessible
spaces are required for the category titled Parking on Project
Property. To clarify the accessible parking space count, remove
the category that indicates eleven (11) accessible spaces are
required and seventeen (17) are provided. The total number of
accessible parking spaces provided on the chart and shown on the
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DEPARTMENTS INCLUDE , REJECT
plans shall not be less than the number of spaces required by the
Florida Accessibility Code for Building Construction.
44. For the purpose of accessing fees associated with issuing permits X
for the apartment portion of the 8-story building, add to the
drawings submitted for permit review data that groups and
identifies the quantity of each apartment by gross floor area and
number of bedrooms. Also, independently identify and provide the
total gross floor area for all covered and enclosed areas that
support the apartment use, such as the lobbies, trash area,
corridors, clubhouse, elevators and stairways.
45. Amend the elevation view drawings to be consistent with the floor X
plan drawings with respect to location and size of exterior wall
openings, columns, roofline and other building features.
46. Submit a complete description that defines the construction- X
sequence/management plan proposed for the improvements
requested with the subject application. The construction-
sequence/management documents shall be reviewed by and
approved by staff before the next permit will be issued for the
project. The document shall include, but not be limited to, defining
how the adjacent property owners will be able to safely remain
open for business during construction of the rights-of-way that
lead to their businesses. The phasing plan shall also describe and
show how vehicle and pedestrian access will be maintained to the
licenses uses. The vehicle and pedestrian access shall be shown
from the adjacent improved rights-of-way to the uses.
47. At time of permit review, identify on the site plan the setback X
dimensions from the west, east and south property lines to the
leading edge of the building. The leading edge of the building
begins at the closest point of the overhang or canopy to the
property line. The fire rating and wall openings located on the
exterior walls of all buildings shall comply with the regulations
specified in Table 600 of the Standard Building Code.
48. Add to sheet A2.01 a sidewalk that connects accessible path for X
the van accessible parking space to the accessible building
entrances.
49. At time of permit review for the apartment building and associated X
retail/office spaces, submit a copy of the recorded City resolution
that verifies abandonment of the existing utility easement.
50. The applicant has not followed a condition of the Development X
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DEPARTMENTS INCLUDE REJECT
Agreement with respect to timely submittal of documents for the
temporary parking lot. It is recommended that no permits be
issued for the project until the applicant has successfully received
permit review approval for the temporary parking lot. The working
drawings and completed permit application for the required
temporary parking lot shall be submitted to the Building Division.
The plan shall include, but not be limited to, providing sufficient
parking to support the uses proposed for Phase I and all other
licensed uses that are located on Casa Loma Boulevard. And/or
N.E. 6th Street. The plans shall show vehicle access to the
temporary parking area from the adjacent improved rights-of-way
as Well as accessible parking for the disabled. The accessible
parking shall be located adjacent to the uses with an accessible
path shown connecting the spaces to the uses. The plan shall
show a vehicle and pedestrian connection between the temporary
parking area and the uses located on Casa Loma Boulevard
and/or N,E. 6"' Street. The permit plans shall also include working
drawings for the improvements identified in the Development
Agreement.
51. Show and/or describe on the site plan how and where the storm X
water drainage that is generated by the roof of all structures will
terminate.
52. Show and identify on the sheet titled Ground Level Floor Plan how X
main will be delivered to the apartments.
53. Compliance with the building codes will be evaluated at time of X
permit review. The permit fee, water and sewer facility fees,
county fees and state fees will be determined at time of permit
review. The fees will be accessed consistent with the
specifications listed in the Development Agreement.
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
54. If less than 100% of required parking is provided, all provided X
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DEPARTMENTS INCLUDE REJECT
parking spaces must be available to the public, pursuant to
development agreement, or obtain amendment to recognize
reserved spaces desired for residential units.
55. Change "20" to "10" in equation for parking spaces for apartments. X
Total is correct at "20".
56. Regarding landscaping: X
· On landscape plan, dimension distance between perimeter
trees to show compliance with requirement to be a minimurr
of one (1) per 30 linear feet.
· Dimension all perimeter landscape strips to show minimum
width required of three feet.
· Add note to landscape plan indicating quantity of interior
parking spaces (excluding garage spaces), required interior
landscaped area (20 square feet/space), and interior
landscaped area provided (or using reduction criteria to ten
(10) square feet per space if a minimum of one (1) interior
shade tree is provided per four (4) interior spaces).
· Add note to landscape plan stating number of trees (one is
required) per 100 square feet of required interior landscaped
area.
· Continue perimeter hedge along N.E. 6th Street (west side)
north/northeast of restaurant #1.
· Provide and identify on the landscape plan all proposed
lighting fixtures for both vehicular and pedestrian areas in
accordance with CBD Guidelines and/or Vision 20/20 Study
recommendations.
· Identify in the landscape plan tabular data, the percentage of
native species to confirm compliance with the 90%
requirement.
· Add to list of notes on landscape plan the source of irrigation
water.
57. Comprehensive Plan Policy 1.12.2 requires that residential X
projects in excess of 100 units proposed within the hurricane
evacuation zone be reviewed by the County's Division of
Emergency Management, and that comments be considered
which regard the Peacetime Emergency Plan.
58. Provide color descriptions for all details including color code on X
elevation document.
59. Add turning radius details within parking structure, and provide, at X
minimum stacking space for one vehicle at guard gate to prevent
blocking of entry lane.
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DEPARTMENTS INCLUDE REJECT
60. The minimum required extension of N.E. 2"d Avenue will be X
completed prior to Certificate of Occupancy of multi-family
building, or alternative plan for waste removal will be incorporated
which eliminates need to access north side of building (this does
not eliminate need to provide for emergency access along north
side of project).
61. Consistent with development agreement, replace note indicating X
that extension of N.E. 2"d Avenue, including cul-de-sac, is by
others, with "developer to contribute to road improvements in
accordance with developer's agreement~.
62. Clarify whether the areas east of the Casa Loma Blvd. cul-de-sac X
and south of retail B are sod or paved areas.
63. Submit updated landscape plans for phase 1 to show compliance X
with all applicable regulations, consistency with phase 2, and to
include the following changes to the landscape notes found on
sheet LS1.00:
a. Add, as specified in the "Grades and Standards for
Nursery Plants" Part I, 1963 and Part II, State of
Florida, Department of Agriculture, Tallahassee to
the end of note 1.
b. Remove the word, "No", from the beginning of note
number 19.
[Land Development Regulations, Chapter 7.5, Article III - Central
Business District Landscape Code, Section 8.]
64. In Phase II permit application, provide sheet A1.01 (lighting detail X
sheet) and a photometric plan to verify that illumination levels
meet Chapter 23, Article II, A. 1 and CBD landscape code. All
types of lighting fixtures (wall, bollards, street, parking lot) shall be
energy efficient metal halide. The overall height of the parking
area fixture shall not exceed 16 feet. All poles, fixtures and other
site amenities shall be of a grade and quality that will withstand
waterfront/marina environment. [Chapter 7.5, Article III - Central
Business District Landscape Code, Section 8. A. 7. a, b, c and d
and 8. a, b, c and d and Design Guidelines of Boynton Beach
Central Business District page 21, #1, 2 and 3]
(ADDITIONAL PARKING FOR TWO GEORGES & DIVE SHOP. - CITY
WILL PREPARE A SHARED PARKINGPLAN WITH ACCESS TO FREE X
PARKING FOR USE BY ALL.)
65. Provide the following parking calculations for the project on the
site plan:
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File No.: COUS 98-008
DEPARTMENTS INCLUDE REJECT
Boat Slip 1 sp./slip 33.00
Restaurant 1
(not to exceed 152 seats) 1 sp./100 sq. ft. 62.00
Restaurant 2
(not to exceed 167 seats) I sp./100 sq. ft. 67.00
Total Retail/Office 1 sp./200 sq. ft. 146.00
Apartments 124 @ 2/unit 248.00
105 @ 2/1,t 10 20.00
@ 1.5 142.50
Total number of parking spaces 719.00
MinUs 50% (Central Business District reduction)
TOTAL NUMBER OF PARKING SPACES REQUIRED 360
(SIX OF WHICH MUST BE HANDICAP)
TOTAL NUMBER OF PARKING SPACES PROVIDED RIGHTS-
OF-WAY (As per development agreement these spaces may be
credited toward the on-site parking requirement, provided they are
unreserved and available for use by the public.) 59
TOTAL NUMBER OF TEMPORARY PARKING SPACES
PROVIDED ON-SITE (minimum of 94; exact number is unknown
until temporary parking lot plans submitted)
[Land Development Regulations, Chapter 2 - Zoning, Section 11.
H. 16. e. (10), Section 6.E.4.b(1)(a), Section 11.H.16.d(3), and
Section 11 .H.16.d(1)]
66. The applicant's application fee of $1,500.00 for phase 1, $353.28 X
postage fee regarding notification of adjacent property owners,
fees generated for the additional reviews performed by staff and
the additional applications fees, if any, shall be included in the
bond required as part of the incentives in the event the project is
not constructed. [Land Development Regulations, Chapter 2 -
Zoning, Section 11.2.C.1]
67. Provide proper public sewer facilities for the boat docks that have X
pleasure crafts being used as living quarters. Add a note on sheet
Al.00 that identifies which docks will be used to moor private
pleasure crafts with living quarters. [Land Development
Regulations, Chapter 2 - Zoning, Section 6. E. 1. e.]
68. Correct reference to parcel 2 on all plan view drawings to match X
the reference as shown on the submitted survey, regarding parcel
3. Adjust the site data found on sheet Al.00 accordingly. [Land
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Boynton Beach Marina
File No.: COUS 98-008
DEPARTMENTS INCLUDE REJECT
Development Regulations, Chapter 4 - Site Plan Review, Section
7.A.]
69. The applicant shall apply for and be issued an environmental X
review permit prior to receiving an occupational license to sell
gasoline. [Land Development Regulations, Chapter 2 - Zoning,
Section 6. E. lA]
70. Submit a copy of a completed City of Boynton Beach unity-of-title X
form that has been recorded in Palm Beach County that shows all
three parcels described on the submitted survey combined as one
property. This document shall be required at time of application
for the first building permit (excluding shell and dock permits for
phase 1).
71. The applicant will dedicate an easement to the city, the land X
shown on the plans as the north portion of the cul-de-sac located
near the east end of Casa Loma Boulevard. Prior to obtaining
signatures on the document and recording the easement
document in Palm Beach County, the applicant shall submit a
copy of the appropriate document to the city for review. The
document shall include, but not be limited to, the developer
purchasing, installing and perpetually maintaining the
improvements.
72. Applicant shall comply with all requirements contained in the X
development order and development agreement, prior to issuance
of permits (other than shell permits) in accordance with the
deadlines set therein.
73. The road will be constructed at an elevation of +5'6". X
74. Any unmet parking requirements for build out of the uses shown X
on the master plan will be satisfied through "shared parking"
concept in the general area.
75. The dumpster enclosure requirements of the City Code will be X
temporarily waived for Two Georges Restaurant and Dive Shop
until Casa Loma Boulevard is completed in Phase I and
compactors are installed.
76. Permit 8 Phase II site will be designed for a temporary parking X
facility for 450 cars per City Commission motion adopted April 7,
1998 or per shared parking study to be completed by the City
during Phase I.
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DEPARTMENTS
INCLUDE REJECT
Development Regulations, Chapter 4- Site Plan Review, Section ~~
7.A.]
69. The applicant shall apply for and be issued an environmental X
review permit prior to receiving an occupational license to sell
gasoline. [Land Development Regulations, Chapter 2 - Zoning,
Section 6. E. lA]
70. Submit a copy of a completed City of Boynton Beach unity-of-title X
form that has been recorded in Palm Beach County that shows all
three parcels described on the submitted survey combined as one
property. This document shall be required at time of application
for the first building permit (excluding shell and dock permits for
phase 1).
71. The applicant will dedicate an easement to the city, the land X
shown on the plans as the north portion of the cul~de-sac located
near the east end of Casa Loma Boulevard. Prior to obtaining
signatures on the document and recording the easemenl
document in Palm Beach County, the applicant shall submit a
copy of the appropriate document to the city for review. The
document shall include, but not be limited to, the developer
purchasing, installing and perpetually maintaining the
improvements.
72. Applicant shall comply with all requirements contained in the X
development order and development agreement, prior to issuance
of permits (other than shell permits) in accordance with the
deadlines set therein.
73. The road will be constructed at an elevation of +5'6".
X
74. Any unmet parking requirements for build out of the uses shown X
on the master plan will be satisfied through "shared parking"
concept in the general area.
75. The dumpster enclosure requirements of the City Code will be X
temporarily waived for Two Georges Restaurant and Dive Shop
until Casa Loma Boulevard is completed in Phase I and
compactors are installed.
76. Permit 6 Phase II site will be designed for a temporary parking X
facility for 450 cars per City Commission motion adopted April 7,
1998 or per shared parking study to be completed by the City
during Phase I.
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DEPARTMENTS INCLUDE REJECT
77. Pursuant to note #5 on the site plan, all utilities are to be placed X
underground. This requirement is mandated for CBD by Chapter
2 Zoning, Section 6.E. Early coordination with utility providers is
recommended.
78. Traffic study was found deficient by Palm Beach County. Revise X
study to satisfy data needs to comply with County Traffic
Performance Standards.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
79. Delete comment # 76. X
ADDITIONAL CITY COMMISSION CONDITIONS
80. Omit comment # 18 as it concerns property not owned by the X
applicant/developer.
81. Revise comment # 19 to limit required topographic data to that X
area adjacent to Cosa Loma Boulevard to read: "Upon submittal of
construction drawings for Casa Loma Blvd. and NE 6th Street, the
applicant shall provide a recent detailed topographic data,
prepared by a land surveyor registered in the State of Florida,
showing existing conditions of the area to the south of Casa Loma
Blvd. and the area east of NE 6th Street. Design drawings for
these areas shall show in detail how public access, including
handicap access, is to be provided to the facilities of the adjacent
properties, including proposed retaining walls, ramps, stairs, etc."
82. Revise comment # 20 to omit last sentence to read as follows: X
"The City and the applicant shall jointly participate in obtaining a
minimum 50' wide right-of-way and a 90' paved cul-de-sac along
Boynton Beach Blvd. at the easternmost point of the property for
ingress, egress, fire and police purposes with sidewalk on both
sides of the roadway. The participants shall obtain the necessary
right-of-way (including the 30' FDOT RNV), prepare the necessary
plans, construct the required improvements and participate in the
costs as provided in a Developer's Agreement. [LDR Chapter 4,
Section 8.C., Chapter 6, Article III, Section 12., Chapter 6, Article
IV, Section 10., Chapter 6, Article IV, Section 10. D., Chapter 6,
Article IV, Section 10.B., Chapter 2, Section 11.2.D.]"
83. Revise comment # 28 to allow for proper administrative review. X
Condition shall read: "Show proposed public facilities on the site
plan and provide enlarged plan views of proposed designs for the
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File No.: COUS 98-008
DEPARTMENTS
INCLUDE REJECT
proposed public park at the intracoastal waterway, Casa Loma
Blvd. and the public courtyard for review. Plans shall include
proposed public amenities such as benches/seating, trash
receptacles, bike racks, drinking fountains, lighting, landscaping,
etc."
84. Revise comment # 30 to read "Submit plans for review and X
approval for the proposed temporary parking lot. Temporary
parking shall be provided .until apartment construction
Commenced. The temporary parking area shall have lighting and
temporary drainage acceptable to the City Engineer. .Parking
facility should be sized for 94 cars. Those required spaces nol
provided on the temporary lot shall be provided usin,q off-site
.resources, acceptable to the city, via trolley or other shuttle
~ service rovided b thea licant.
85. Revise comment #34 to read "Site plan approved subject to X
consolidation of the revised conditions of approval, the
development agreement, and the First Amendment to the
Development Agreement."
86. Revise comment # 35 to omit reference to 7B of 1st Amendment to X
Development Order' and to recognize the parking spaces possibly
jeopardized in exchange for expansion of right-of-way. "Provide
additional right-of-way along west side of NE 6th Street to provide
left and right turn lanes with storage capacity to offset traffic
impact by apartment building and to provide efficient circulation.
Expansion of right-of-way to be done with the mutual
understanding that expansion may be in exchange for loss of
minimal parking spaces. This requirement may be waived if
magnitude of spaces to be lost are unacceptable to the city, and if
traffic analysis justifies maintaining roadway as currently
proposed. '
87. Omit comment #39. It is a duplicate of comment #38.
X
88. Omit comment # 49 as it is a duplicate of # 7. X
89. Omit comment # 50 as duplicate of condition # 30 and # 65 and X
requirement of the Developers Agreement (First Amendment).
90. Omit comment #54, the requirement for 100% shared parking in X
order to allow for a portion of the proposed garage to be reserved
for majority of apartment dwellers.
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91. Revise comment # 65 to remove paragraph on temporary parking X
spaces to read as follows. See condition # 83.
"(ADDITIONAL PARKING FOR TWO GEORGES & DIVE SHOP. - CITY
WILL PREPARE A SHARED PARKINGPLAN WITH ACCESS TO FREE
PARKING FOR USE BY ALL.)
Provide the following parking calculations for the project on the
site plan:
Boat Slip 1 sp./slip 33.00
Restaurant 1
(notto exceed 152 seats) 1 sp./100 sq. ft. 62.00
Restaurant 2
(not to exceed 167 seats) I sp./100 sq. ft. 67.00
Total Retail/Office 1 sp./200 sq. ft. 146.00
Apartments 124 @ 2/unit 248.00
105 @ 2/1st 10 20.00
@ 1.5 142.50
Total number of parking spaces 719.00
Minus 50% (Central Business District reduction)
TOTAL NUMBER OF PARKING SPACES REQUIRED 360
(SIX OF WHICH MUST BE HANDICAP)
TOTAL NUMBER OF PARKING SPACES PROVIDED RIGHTS-
OF-WAY (As per development agreement these spaces may be
credited toward the on-site parking requirement, provided they are
unreserved and available for use by the public.) 59
[Land Development Regulations, Chapter 2 -Zoning, Section 11.
H. 16. e. (10), Section 6.E.4.b(1)(a), Section 11.H.16.d(3), and
Section 11.H.16.d(1)]"
92. Omit comment # 67 as it has already been determined that live-a X
boards will not be allowed.
93. Omit comment # 68 as comment not applicable; sheet Al.00 not X
included in current submittal.
94. Omit comment # 70 as duplicated by # 36. X
95. Revise comment # 73 to read "The road will be constructed at a X
minimum elevation of +5'6"."
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96. Omit comment # 76 as in conflict with comment # 65 and duplicate
of comment #74. X
97. Applicant should provide a recordable document between the X
property owners incorporating the terms of the letter from Martin
Perry that, in part, describes a plan to increase parking facilities
available to the project, in recordable form. Also provide letters of
consent from all property owners to contribute land to this parking
expansion plan
Revised 3/9/99 5:15 PM
MWR/bme/dim
J:~SHRDATA'~PLANNING~SHARED~WP~PROJECTS~lARINA,,COUS.12.98~COND. OF APPR-CC ADDITION 2-16. DOC