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Minutes 12-02-03
t4INUTES OF THE REGULAR CITY COt-tI~IISSION IqEETING HELD IN COIqt4ISSZON CHAt4BERS, CZTY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEHBER 2, 2003 AT 6:30 P.H. Present Jerry Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor .lames Cherof, City Attorney Bob Ensler, Commissioner .lanet Prainito, City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner I. OPENINGS: A. Call to Order - Mayor .lerry Taylor B. Invocation - Rev. Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Gill offered the invocation followed by the Pledge of Allegiance to the Flag led by Vice Mayor Ferguson. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption I~lotion Vice Mayor Ferguson moved to approve the agenda. Motion was seconded by Commissioner McCray and carried unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McKoy explained that he was wearing a health mask because he had been "under the weather" and wanted to protect his colleagues. Mayor Taylor announced that Stan Dub6, a former member of the Planning & Development Board, had passed away. He offered condolences to his family. III. ANNOUNCEf4ENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flcrida December 2, 2003 B. Community and Special Events: 1. CRA Multi-Cultural Winter Carnival - Saturday, December 6, 2003, 2:00 p.m.-midnight- 500 block of Ocean Avenue 2. Holiday Parade - Sunday, December 7, 2003, 3:00 p.m. - Federal Highway 3. Oceanfront Concert - Friday, December 19, 2003 - 6:00-9:00 p.m. - Oceanfront Park (Burnt Biscuit - Country/Western) Wally Majors, Recreation and Parks Director, announced the upcoming special events in the City. There will be a Winter Carnival on December 6th from 2:00 p.m. until midnight. On December 19t~ there is a concert at Oceanfront Park. The 33r~ Annual Holiday Parade on December 7th will begin at Ocean Avenue and proceed south to 12th Avenue. C. Presentations: 1. Proclamations: None 2. Presentation of State Resolution honoring the East Boynton Beach Little League Team by State Representative Anne Gannon Anne Gannon, State Representative, read the Florida House of Representatives Resolution honoring the Boynton Beach Little League team. She said that State Representative Adam Hasner assisted with this resolution. She presented copies of the official resolution to team members who were in attendance. Mayor Taylor thanked the team for the honor they brought to the City. IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMTrED TO 3-MINUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may nc. cd to be adjusted depending on the level of business coming before the City Commission) Ellen Davis, 6062 Terra Rosa Circle, is a representative of the Boynton Beach PATCH organization that has been active for two years. This organization addresses the health care needs of Boynton Beach. She hoped to further their cause by obtaining space for a Wellness Center in the City. Steve Galliger, 816 Bamboo Lane, spoke regarding the Dakota Lofts project. The residents of Bamboo Lane feel that the City is responsible for making whole the deal regarding the water line or reinstate the original zoning for the property. He said that the minutes of the meetings held with the homeowners and the City, both before and after the approval of the project, document the extent of the City's involvement. If the City is going to allow the property to be sold to another developer and leave the zoning in place, then the City should run the water line 2 Meeting Minutes Regular City Commission Meeting Bovntpn Beach, Florida Dec. ember 2, 2003 and lien the property for the cost. The homeowners had perfectly good wells on easements and the City allowed the developer to start demolition, causing damage of private property on these easements without requiring the developer to post a bond to protect the homeowners. The City has always said that they would not let the developer do anything until the water lines are run. Unfortunately, now the City is caught in the middle. He believes that the City has an obligation to the homeowners. If the City is not going to run the water line and hook up the homeowners at no expense and with no annexation, then the wells should be put back in working order as part of the clean up of the property. City IVlanager Bressner said that he would schedule a meeting with staff and the residents to see what can be done. The developer of the project has left town. Staff can work with the residents. He said that it is a very convoluted contractual situation. Commissioner McCray asked regarding a timeframe regarding the meeting. City Manager Bressner replied that it would be this month. Christina~ Bamboo Lane, said that her well was destroyed. When she had come to the City with her concern, they said not to worry. She wants her well back and does not want to wait years to get water. .los~ Rodriguez, 947 Isles Road, was concerned with crime in his neighborhood. On Thanksgiving his truck was stolen while he was home. l~n the past two weeks, there were five burglaries in his neighborhood. To help with this problem, he suggested limiting the number of entrances and exits to the neighborhood, putting in more streetlights, eliminating the bus stop and maintaining the greenways. He asked the Commission for their support in addressing his concerns. Nayor Taylor asked whether the five burglaries had been reported. Mr. Rodriguez said that they were. Bob Brown, Seacrest Boulevard, said that he noted that there were two cameras, at a cost of $20,000, slated in the City budget for parks. He felt that "spy" cameras were inappropriate in a public park area and were an invasion of privacy. He requested that the Commission reconsider this expenditure. Mr. Brown said that a few months ago the Building Division asked to raise their administrative fees. He felt that government services do not have to be borne by the public in fees. He asked the Commission to take a second look when considering any future fee increases. William Orlove, 2459 SW Cranbrook Drive, is Vice Chair of the Recreation & Parks Board. He explained that the Board feels strongly regarding the expansion of the Senior Center. He said that the City should consider this a priority when revisiting the capital improvement projects. The Recreation & Parks Board would like to be involved in, and have some input at, the December :[9th meeting. Commissioner Ensler requested that the Recreation & Parks Board prepare a memorandum of what they consider priorities. 3 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flpri;la December 2, 2003 V. ADMZNZSTRAI'~VE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date. I Ensler Advisory Bd on Children & Youth Alt 1 yr term to 4/04 II McCray Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Mayor Taylor Advisory Bd on Children & Youth Stu/Voting i yr term to 4/04 Tabled (2) III Ferguson Cemetery Board Reg 3 yr term to 4/04 Tabled (2) Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 I Ensler Planning & Development Board Alt 1 yr term to 4/04 Tabled (2) All appointments were tabled. VZ, CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Special City Commission Meeting of November 7, 2003 2. Agenda Preview Conference of November 17, 2003 3. Regular City Commission Meeting of November 18, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Award the "TWO YEAR CONTRACT FOR DIESEL/PROPANE GENERATOR MAINTENANCE/PARTS/REPAIR, BID #086-2822-03/C.lD to ADVANCE GENERATOR SALES & SERVICE, INC. of Royal Palm Beach, Florida, in an estimated amount of $46,100 2. Approve the expenditure of $25,000 for H.T.E. LX Clean-up Project Phases 3 & 4 for I.T.S. Department (sole source vendor) Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQridp Dec_ember 2, 2003 C. Resolutions: 1. Proposed Resolution No. R03-185 Re: Approval of contract with United Forward and UF Fluid Systems, Tnc. for Economic Development Set-Aside previously agreed upon on 3uly 2, 2002, for $50,000 in CDBG matching funds with Palm Beach County Housing and Community Development 2. ]:ntentionally left blank 3. Proposed Resolution No. R03-187 Re: Appointment to Palm Beach County League of Cities Mayor Taylor pulled item C.3 from the Consent agenda. 4. Proposed Resolution No. R03-188 Re: Appointment to Metropolitan Planning Organization Mayor Taylor pulled item C.4 from the Consent agenda. 5. Proposed Resolution No. R03-189 Re: Appointment to Coalition of Boynton West Residents Association Mayor Taylor pulled item C.5 from the Consent agenda. 6. Proposed Resolution No. R03-:!.90 Re: Appointment to Multi- .lurisdictional Tssues Coordination Forum Mayor Taylor pulled item C.6 from the Consent agenda. 7. Proposed Resolution No. RO3-:~9:L Re: Setting aside the third Friday of September in each year as POW/MTA recognition Day and authorizing the display of the POW/MIA Flag at City Hall Commissioner McCray pulled item C.7 from the Consent agenda for clarification to the public. 8. Proposed Resolution No. R03-192 Re: Approval of Amended Agreement with Palm Beach County Property Appraiser increasing the Administrative Fee charged pursuant to Section 197.363(1) Florida Statutes for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments (Administrative Fee will increase from $100 to $150 per year) D. Ratification of Planning & Development Board Action: Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida Dec-ember 2, 2QQ~ 1. 1st Southern Bank Phase ]:]: (ZNCV 03-021), 1800 W. Woolbright Road (aka 17:10 W. Woolbdght Road) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article TV, Section 2(B), limiting a single use to one site sign to allow the erection of 2 site signs for an office building - TO BE PULLED FOR DTSCUSSTON Commissioner Ensler pulled item D.1 from the Consent agenda. 2, Boynton Beach Faith Based Community Development Corporation North Palm Way (ZNCV 03-022), Lot 2 North Palm Way, approximately 80 feet east of Seacrest Boulevard - Request for relief from City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a, requiring a rear yard setback of 25 feet, to allow a variance of 6 feet or a rear setback of 19 feet for a single-family house in a R-1 zoning district- TO BE PULLED FOR DISCUSS[ON 3. Renaissance Commons Phase ~! (NWSP 03-016), Southeast corner of Congress Avenue and Gateway Boulevard - Request for new site plan approval for a 4,200 square foot commercial building on 28.368-acres in a C-3 zoning district 4. Renaissance Commons Phase TTT (NWSP 03-017), Southeast corner of Congress Avenue and Gateway Boulevard - Request for new site plan approval for the third phase of a mixed-use project consisting of 28,962 square-feet of commercial space and 8 apartment units within 3 separate buildings on 5.56 acres in the C-3 zoning district 5. Fire Station #2 (NWSP 03-015), Woolbright Road approximately 650 feet west of Congress Avenue - Request for new site plan approval for a 23,339 square foot fire station on 3.98-acres in a PU zoning district 6. Quantum Park Lots 73-A- 76 (SPTE 03-005), Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, a P.T.D. - Request for a 6-month time extension to the approved site plan for construction of 196,554 square foot office/industrial space, from November 6, 2003 to May 6, 2004 7. Fire Station #2 (CDPA 03-002), Woolbright Road approximately 650 feet west of Congress Avenue - Request for an appeal of the Land Development Regulations, Chapter 9, Section 11.3 to permit overhead bay doors to face Woolbright Road for Fire Department apparatus bays E. Ratification of CRA Action: 1. Buchanan Variance (ZNCV 03-019), 807 Ocean Tnlet Drive - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25 foot rear yard setback 6 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida December 2, 2003 to allow a 7 foot variance, resulting in an 18 foot rear yard setback within the R-l-AA single family-zoning district - TO BE PULLED FOR DISCUSSION Vice Mayor Ferguson pulled item E.1 from the Consent agenda. F. Release cash bond of $3,500 to Leighton McGinn Company for the project known as the Survivor Charter School G. Release cash bond of $18,544.90 to Matthew O'Connor for the project known as Survivor Charter School H. Approve the surety and excavation of more than 1,000 cubic yards of fill for the Quantum Village Townhomes project aka Canterbury at Quantum Park Authorize the use of Community Investment Funds for the HeadStart Scholarship Program $500 and American Legion Girls State - $400 requested by Commissioner Mack McCray .1. Approve the "SURPLUS COMPUTER EQUIPMENT" (MON~'I'ORS AND CPUs) as submitted by the Warehouse and allow for the donation of same to the Community Development Center, Inc. of Boynton Beach Motion Commissioner McCray moved to approve the Consent agenda as amended. Commissioner McKoy seconded the motion that carried unanimously. C.3. Proposed Resolution No. R03-187 Re: Appointment to Palm Beach County League of Cities Tt was the consensus of the Commission that Commissioner McKoy would serve as the regular member of the Palm Beach County League of Cities with the remainder of the Commission as alternates. C.4. Proposed Resolution No. R03-188 Re: Appointment to Metropolitan Planning Organization Tt was the consensus of the Commission that Mayor Taylor would serve as the regular member of the Metropolitan Planning Organization and Commissioner McCray would serve as the alternate. C.5. Proposed Resolution No. R03-189 Re: Appointment to Coalition of Boynton West Residents Association Tt was the consensus of the Commission that Vice Mayor Ferguson would serve as the regular member of the Coalition of Boynton West Residents Association with Commissioner McCray as the alternate member. 7 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flprid~ Dec. ember 2, 2003 6.C. Proposed Resolution No. RO3-:1.90 Re: Appointment to Multi- 3urisdictional Tssues Coordination Forum Tt was the consensus of the Commission that Commissioner Ensler would serve as the regular member of the Multi-.~urisdictional Tssues Coordination Forum and Vice Mayor Ferguson would serve as the alternate. M~ti~n Vice Mayor Ferguson moved to approve items C.3, C.4, C.5 and C.6. Commissioner McCray seconded the motion that carried unanimously. C.7. Proposed Resolution No. R03-:/.91 Re: Setting aside the third Friday of September in each year as POW/M~ recognition Day and authorizing the display of the POW/ML~ Flag at City Hall Commissioner McCray said that he pulled this item to get clarification for the public from City Manager Bressner. City Manager Bressner explained that the City would follow the same protocol as the U.S. Congress does. This is a gesture of support and recognition for the Prisoners of War and Missing Tn Action. Commissioner Ensler said that since World War TT, there are approximately 90,000 service men and women who are missing in action. These are people who made the ultimate sacrifice for their country. The ML~ Flag is flown above all other flags except the American Flag. Motion Commissioner McCray moved to approve Proposed Resolution No. R03-091. Motion was seconded by Vice Mayor Ferguson and carried unanimously. D.1. 1~t Southern Bank Phase T! (ZNCV 03-02:~), 1800 W. Woolbright Road (aka 1710 W. Woolbright Road) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article TV, Section 2(B), limiting a single use to one site sign to allow the erection of 2 site signs for an office building - TO BE PULLED FOR DTSCUSSTON Commissioner I=nsler said that he had received two envelopes from Danto Builders and he presented them for the record. These documents are filed in the Office of the City Clerk. Commissioner Ensler said that he also received a telephone call from Mr. Danto. A member of the Leisureville Board also called Commissioner Ensler expressing their concern. When the motion was made by Mr. Casaine (at the Planning & Development Board), the motion indicated that there would be larger sign at the western entrance and a smaller sign at the eastern one. Chairman Lee Wische informed the applicant to meet with staff to work out the signs before the City Commission meeting. Commissioner Ensler asked whether that was done. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~ri;la December 2, 200~ Nike Rumpf, Planning & Zoning Director, explained that staff met with the applicant prior to this meeting but were unable to design a second sign because of a conflict in their interpretations as to what the Board's recommendation was. ]:t was very clear to staff that the second sign would be larger than the first sign but that there would not be two pylon signs. So, there was an impasse in the ability to design that second sign. M~tion Commissioner Ensler moved to table the item and send back to either staff or to the Planning & Development Board, whichever is necessary to resolve it. City Manager Bressner said that if the motion were to refer it, it would either be referred back to staff to report back or referred back to the Planning & Development Board. Motion Commission Ensler made a motion to table. Mr. Rumpf said that if the motion to table was for a date certain, he thought that would keep the advertising alive for one extension. Commissioner Ensler was looking for staff to work with the problem and come back with a solution. M~tion Commissioner Ensler moved to refer the item back to staff. Mr. Rumpf explained that staff had attempted to resolve the issue. Staff is very certain of their interpretation of the Board's motion. However, the applicant totally disagreed with this. He recommended that if it is the Commissioner's choice that it be resolved before coming to the Commission, that the applicant present his position to the Planning & Development Board. Motion Commissioner Ensler moved to remand it back to the Planning & Development Board. The motion died for lack of a second. Motion Vice Mayor Ferguson moved to approve. The motion died for lack of a second. Mayor Taylor said that his concern was safety. He asked whether staff felt that could be accomplished with a smaller sign. Mr. Rumpf replied that traffic experts would have to provide that type of input. He did not believe there was a strong correlation between high accident data that was provided to the Board and lack of signage. He felt that the accident data provided precedes the full operation of this site. :If there is anything that causes any problem on the site or access to the site, it may be that there are two entrances. This is a small piece of property and internal circulation is available. The regulations are intended to limit a site of that characteristic to one single sign. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Dec. ember 2, 200~ Marshall Gage, Police Chief, said that he was not at the Planning & Development Board. The day before he was asked for some input and an opinion in writing on the issue. At that time, he had not had sufficient time to review the matter in order to render an opinion. In the Planning & Development Board minutes, it appears that an opinion from him was proffered to the Board indicating that he supported the variance. He said that is not accurate. He indicated that a traffic engineer would be more appropriate. He also indicated that he would look at the area and adequately review it prior to offering an opinion. He has subsequently driven into and out of the businesses from both driveways. There is an overgrown hedge on the area to the west and this will be addressed by Code Compliance. The only obstruction he observed in approaching that area was obstruction of the speed limit sign. He does not support the contention that this is a safety issue nor that this is a major problem as far as traffic is concerned. The accidents that were pulled for review and used as examples were east and west bound and not restricted to that immediate area. Therefore, the information that was given to the Planning & Development Board was not totally on its mark. He does not believe that signage will have any impact of any significance on any issues that affect safety on the roadway itself. Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion. Commissioner Ensler did not understand how the Commission could make a motion when the sign was not agreed upon between the staff and the developer. The Planning & Development Board said the sign must be defined. Mr. Rumpf met with the developer and they could not agree. Mayor Taylor said he did not support the variance. City Manager Bressner explained that there is currently one sign there and it is for the bank. He asked Mr. Rumpf what they are allowed to have in terms of square footage for the sign. Mr. Rumpf replied that the single sign could not exceed 64 square feet. City Manager Bressner said that the Code says they can have an additional sign but he thought that the Code was silent as to the size of the sign. Mr. Rumpf responded that that is another feature that can be requested to be relieved through the variance process. City Manager Bressner asked whether the applicant had requested relief for the square footage. Mr. Rumpf said that the request was for the number of signs and did not clari~ the exact square footage. Mayor Taylor said it was his understanding that under the Code, they are allowed one sign and they are asking for a variance for two signs. Mr. Rumpf noted that additional signage is going to provide additional tenant area. There are two separate buildings. The sign was erected at the time that Phase i was constructed. The majority of the sign is covered by the principal tenant in Phase 1, the first building. It does not allow room for future tenants. Staff likes to promote that the principal sign on a piece of property has a project name and the address but not necessarily to place every tenant on that sign. It is impossible and generates text that is too small to read. Because of the curvature of 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florifl~ December 2, 200~ the road, it is being felt that this is a hardship. However, when you account for landscaping, that signage will not be visible way down the road. City Attorney Cherof explained that the Commission's power to grant a variance for a sign is not unlimited. Tn the Sign Code provisions, it limits when variances can occur. Tt states that the City Commission may grant a variance if it finds that unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity on the property. Therefore, the Commission must find first that there is something unusual about the topography of this property before getting to the next step, which is the need for the sign itself. Vote The motion to approve the variance failed 2 to 3 with Mayor Taylor and Commissioners Ensler and McKoy dissenting. E.1. Buchanan Variance (ZNCV 03-olg), 807 Ocean Inlet Drive - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25 foot rear yard setback to allow a 7 foot variance, resulting in an 18 foot rear yard setback within the R-l-AA single family-zoning district - TO BE PULLED FOR DISCUSSION Vice Mayor Ferguson explained that staff recommended against granting this variance and in the conclusion, it said that staff had not received any objections from the adjacent property owners. However, he has received an objection from an adjacent property owner. Mayor Taylor said he also received an objection. Mike Rumpf, Planning & Zoning Director, presented the item. The variance is requested in connection with a plan to expand a single-family home with a second story, including an additional one-car garage. The request for the setback variance is specifically to allow a rear balcony overhang on the second floor of the proposed addition to the home. The rear setback is currently nonconforming. There is a covered screen enclosure on the property with a solid roof so it must meet the rear yard setback. Tt is currently at 22', just short of the required 25' required. The expansion is to include the additional story and to expand the rear deck out to an 18' setback to provide an overhang for protection from the elements in the area outside beneath it. Since the subject property has been occupied since 1955 and since most other lots along the north side of Ocean Tnlet Drive have identical dimensions of the subject lot, three items of the variance criteria have not been met. Other setback variances have been granted in the vicinity - one is an adjacent property that went through similar expansion renovation. Staff recommends that this variance be denied due to the lack of traditional hardship in that the basic home expansion desire has caused it and the home has existed on the property for several years in its current state without the need for a variance. 11 MeeUng Minutes Regular City Commission Meeting Bovnton Be~ch, FIQrid~ December 2, 200~ Commissioner Ensler felt that the porch would be usable without the 2' overhang. Mr. Rumpf explained that the applicant had indicated that in addition to providing more area for use, it also provides some protection from the elements. Commissioner Ensler noted that the minutes of the (CRA) meeting said that Mr. Lisiewski stated that his brother objects to the variance and feels that the applicant has already received several variances and his brother intends to install a swimming pool in his backyard and felt that the overhang would invade upon his pdvacy. Mayor Taylor commented that there are six criteria that need to be met to qualifi/ for a variance. This applicant did not meet four of them. Mayor Taylor has received telephone calls from the neighbors with concerns and his expansion was actually done on former variances. Mayor Taylor explained that he could not support this variance. Motion Vice Mayor Ferguson moved to deny the variance. Motion was seconded by Commissioner Ensler. .lames Buchanan, 807 Ocean Znlet Drive, explained that he did not realize that the back of the house was nonconforming. When the house was built, there was a :15' setback and that is what it said in his deed. The house faces north and when there is a wind with rain, it will blow in. He explained that his elderly mother came to live with them and they had to find a way to expand the house. ]~n designing the house, he wanted to keep it as environmentally friendly as possible with natural ventilation as much of the year as possible. The house has dormers and flow through ventilation. Some of the upstairs walls will have louvers to minimize the amount of air conditioning in order to take advantage of the Florida environment and to help with sinus problems that he and his wife have. Regarding invasion of privacy, the neighbors who are complaining have a two-story house on the other side and there is another one across from them. :In addition, the variance that was granted to one of his neighbors was for an even larger setback variance. He did not feel that the additional 2' would affect anyone's privacy. He kept the original wall line. He did so because he wanted to accomplish a flow through house and also so the natural breezes that go to his neighbor's property would not be affected. He felt that it would be a physical hardship not to be able to use their porch the way they wish to. Bob Brown said he does not know Mr. Buchanan. Mr. Brown referred to the mixed-use zoning that was approved in May of last year. His understanding is that under the mixed-use zoning it allows less side and rear setbacks. He suggested that in lieu of denying this variance request, Mr. Buchanan be given the option of pursuing the mixed-use classification and he would be allowed to build within 10' of his rear property line. Vote Notion to deny variance passed unanimously. Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, FIQri~J~ December 2, 200~ VII. CODE COMPLIANCE & LEGAL SE'rrLEMENTS: A. Motion to pay William 3. Fogarty for settlement of motor vehicle accident of October 23, 2003, in the amount of $13,000 MotiQn Vice Mayor Ferguson moved to approve item A. Commissioner McCray seconded the motion that carried unanimously. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Mangrove Walk Alley (ABAN 0:1.-004) Agent: C:ity Tnitiated Location: 600 & 700 block of NE 8~ Avenue and NE 9~ Avenue Description: Request for abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision Mr. Rumpf presented the item and explained that this was initiated privately a year ago. The City picked up the ball to complete the process. Other segments nearby have been abandoned and there is no longer a public purpose for this alley. Staff supports the abandonment. Commissioner Ensler asked regarding notification to the people who live there and will now own additional land. Mr. Rumpf said that all the adjacent property owners had been notified. Motion Commissioner Ensler moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. B. Discussion of Marina Development Agreement (l',~ble~lon 31/$/05,) Motion Commissioner McCray made a motion to remove the item from the table. Vice Mayor Ferguson seconded the motion that carried unanimously. Motion Commissioner McCray made a motion to remove the item from the agenda. Commissioner McKoy seconded the motion that carried unanimously. C. Approval of the Second Amended Mediation Agreement for the Marina City Attorney Cherof explained that this agreement represents several years worth of negotiations. There has been an amended mediated agreement in place through a court proceeding back to :L999. There is a development agreement between the City and the original developer of the property that has been inherited by DSS Properties, the current owners of the property and the developer of the Marina project. 13 Meeting Minutes Regular City Commission Meeting Bovnton Be;ch~ FIQrid~ December 2, 200~ This agreement attempts to resolve all disputes between the adjacent property owners and the developer. Most of those were issues regarding access, view and parking. The agreement required the participation of the CRA as a funding entity to add additional parking spaces to the proposed garage. The CRA, previous to this Commission meeting, met and approved funding that additional parking. The public and the adjacent property owners, in particular Two Georges Restaurant, are the beneficiaries of that additional parking. The result of the approval of the agreement would be to replace all prior agreements regarding development of the property. Tt would be to approve the site plan that is contained in the backup to the document. :It would extinguish the development agreement that was in place that was frequently referred to as the incentive agreement because the City funded a number of improvements to the property in the infrastructure through public dollars over time. By approving this agreement tonight, the City would be setting aside that previous agreement and the funding responsibilities, as well, with no right of recourse against the property. There is one element of the agreement that remains unresolved in the area that was formerly known as the Casa Loma Overlook. There will now be the opportunity to place tables and chairs for the two restaurants that will be on the north and south sides of Casa Loma Boulevard at the end where it meets the Tntracoastal. There is currently no parking agreement with respect to those additional tables. There will be 12 additional tables with four seats each that would require approximately 19 additional parking spaces not currently addressed by the agreement. It is staff's recommendation that those additional 19 parking spaces be found somewhere and provided. Two Georges' position is that due to the grandfather nature of the business there and the nature of the operation, no additional parking is required. Marty Perry, attorney for Two Georges, distributed Exhibit H, which they modified to support their position. A copy of the modified Exhibit H is on file in the Office of the City Clerk. He said that the only real difference is what parking is required relative to a proposed additional 12 tables to be placed in the Overlook area. He had no argument with what is on the chart regarding how the City tabulated the parking. City staff itemized all of the existing uses for a total required parking of 226.7 parking spaces. Those figures are accurate. The only thing is that those spaces do not include any of the tables proposed in the Overlook area. Those 12 tables with 48 seats would require an additional 19.2 parking spaces. Mr. Perry also said that there was no dispute with the required parking summary by use. The exhibit shows that Two Georges is providing 66 spaces in an off-street parking lot south of Ocean Avenue, 48 spaces on Casa Loma Boulevard and 35 spaces in the proposed parking garage. If that 149 is subtracted from 227, it shows a shortage of 78 spaces. Staff labeled those 78 as grandfathered and not needed to be provided by Two Georges. Mr. Perry did not believe that this is a correct way to determine grandfathered spaces. He said that the correct way of determining grandfathered spaces is to show what spaces were required in 1999 and prior, which is shown in the last column on the right as 117.3 spaces. Those :[17 spaces less the parking that actually existed back then, approximately 22-26 spaces existed on the street, should be the total grandfathered spaces. If you use the City's numbers including the additional 19 spaces for the 12 tables, the total required parking is 246 spaces. Subtracting the :[17 grandfathered spaces leaves ::[28.9 spaces :[4 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrid~ D~mber 2, 200~ required. His client is providing 149 spaces, which shows an overage of 20.1. If you factor back in the spaces that existed on the street at that time, they might be 4 or 6 spaces short but very close. He felt that was the fair way of determining grandfathering. Mr. Perry recognized that parking has always been a problem in that area. It is not bad to have a parking problem. The CRA has been talking about providing tram service to circulate around the redevelopment area. That service will provide additional off-site parking. Two Georges developed a side street that runs along the bulkhead. There are parking spaces there. What has not been factored in is that vehicles can be stacked in that area using valet service. Additionally, boat traffic comes to Two Georges. There are 35 more public spaces in the parking garage. He felt that there is flexibility. He thought that it makes sense to have the outside seating. It lends to the ambiance that both of the projects are creating. Nancy Byrne, Assistant Development Director, explained that staff determined to grandfather the spaces as of the date of the Second Amended Mediation Agreement. Staff was concerned that businesses that were existing at Two Georges that had been licensed since 1999 would be negatively affected. In order not to impact those businesses negatively by using a 1999 benchmark, staff redid the whole study and looked at what the existing conditions are today and that is how they came up with the 227 spaces that would be required for the uses that currently have occupational licenses. When staff looked at this, they examined all available parking that would come from the Commission's acceptance of the Second Amended Mediation Agreement and it totaled out to 149 spaces that are dedicated to Two Georges parking. Therefore, they are 78 spaces short. Today, this concern came up regarding the seasonal seating that they are proposing to put in the Overlook area. At the time of the original Amended Mediation Agreement, there was no discussion regarding parking for these additional tables. There was discussion about the fact that those tables should be open to the public and people should not be required to purchase a meal. Staff has a concern that the Marina restaurant owner is not on the site yet. If the Commission allows this additional seating to come in to the Overlook with grandfathered parking spaces that are not accounted for in the tabulation now, that restaurant would also be eligible to come back and ask for the same thing. Also, by the Code, seasonal seating is defined as seating between the months of November to April, which is also the highest activity time for the Marina. Therefore, the most intense use of the site will occur at the time that they are asking to waive these additional 19 spaces. Commissioner Ensler had a concern regarding placing tables in the Overlook area. City Attorney Cherof explained that from the earliest settlement discussion, even in 1999, the concept of the Overlook area having some tables and chairs was discussed and was agreed to by the City. The concept was that outdoor seating was a benefit to that area and would enhance it as a destination area. Commissioner Ensler asked whether the concept at that time was for the tables to be open to the public or be part of the restaurant. City Attorney Cherof responded that the concept was 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori~Jp December 2, 2003 that the Overlook area would be open to the public and that there would be no obligation to purchase anything. IVlr. Perry said that the subject of the public having the right to sit at tables without having to purchase anything is not in the agreement. From his client's perspective, the concept has been that they would be marketable tables. They were trying to create an ambiance that lent itself to outside dining. Ms. Byrne explained that staff is not objecting to placing tables in the Overlook. They are requesting that parking be provided to accommodate the patrons that would frequent those tables. Mayor Taylor asked whether there were other places in the City that outdoor seating is allowed without the required parking. Ms. Byrne replied "no." Seasonal seating and outdoor caf~ seating kick in parking requirements. The only provision in the Code for seasonal seating allows for waiver of the capital facility fees. Mayor Taylor asked whether there was any additional parking required for Hurricane Alley on Ocean Avenue. Ms. Byme explained that it is required but has not been provided. Mayor Taylor asked whether Nr. Perry would be willing to compromise by reducing the number of tables. Mr. Perry agreed to reduce the number of tables to 10 with four seats each. Ms. Byme wanted to state for the record that if those seats are not seasonal seating, they will be required to pay the capital facility fee. In any event, they will be required to pay the additional licensing fee. Mr. Perry said that the intent is that they will be seasonal seating and they will comply in every respect. City Attorney Cherof explained that there is one additional amendment that needs to be made between the two parties and that would be an amendment to paragraph 10 of the agreement. 3erry Knight, representing Related TRG, explained that there is added language to paragraph 10 of the agreement that does not affect the City at all. It has to do with how much Two Georges is going to contribute to maintain the garage because they are going to have 35 spaces in the garage. They have added some language that Two Georges has agreed to that deals with that issue. City Attorney Cherof stated that the language that would be added would be toward the bottom of paragraph 10, after it refers to the TRG Garage. The language would be, "Provided, however, that Two Georges' share shall not exceed $8,400 per year for the first two years that Two Georges' share is due and thereafter, Two Georges' share shall not increase by more than the consumer price index annual rate and provided further that Two Georges' share per parking space shall not exceed the amount of garage operating costs assessed per parking space to condominium unit owners within the TRG project." 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrid~ December 2, 2003 Mr. Perry said they were in agreement with that. Motion Commissioner Ensler moved to approve the Second Amended Mediation Agreement subject to reducing the tables in the Overlook area to 10 tables and the maintenance of the spaces in the garage as written into the record by Attorney Cherof. Commissioner McKoy seconded the motion. City Manager Bressner explained that yesterday the City received a letter dated December 1~t from the Related Group of Florida concerning the sale of the Narina slips in terms of the ownership issues. He requested authorization to sign that letter as part of the approval of the Agreement. He asked whether the maker of the motion would amend his motion to include authorizing the City Manager to sign a letter dated December 1, 2003, from the Related Group of Florida regarding the sale of Marina boat slips in the Marina Village at Boynton Beach Marina Condominium. Commissioners Ensler and McKoy accepted the amendment. Vote Motion was carried unanimously. Mr. Perry thanked the City and staff. Carlos Rosso from the Related Group stated that they have submitted drawings for building permits and as soon as they receive the permits, they are ready to begin construction. The meeting was recessed at 8:15 p.m. and reconvened at 8:27 p.m. ~X. CI"TY MANAGER'S REPORT: City Manager Bressner announced that Firefighter Steven Wojciechowski had passed away after a very lengthy illness and his thoughts were with his family. A. Review report of Old High School Task Force City Manager Bressner said that this item comes to the Commission as a result of Commission action earlier in 2003. The prior Commission was struggling with the decision of what to do with the High School. The recommendation from City staff was to demolish the building and there were recommendations from the public to save it. Doug Hutchinson, CRA Director, suggested that a Task Force be created. The Task Force worked very long and hard. They retained the services of a consultant who specializes in dealing with difficult buildings and historic buildings. Doug Hutchinson, CRA Director, announced the members of the Task Force. Tn addition to himself, they are Don Fenton, William Orlove, Arleen Dennison, Henderson 'l'illman, Ron 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Fl~rid~ December 2, 2003 Weiland and Taryn Wheat. Dale Sugerman also sat in on some meetings for staff input. Mr. Hutchinson thanked the Task Force for the many hours they put in over the past year. They submitted a full report to the City Commission. Copies of the report and a full report from the consultant are available in the CRA Office and the Library. When the Task Force selected the consultant, they wanted to ensure that not only did the consultant have the specialized skills but also that they had no previous ties to the City or this project. They retained the services of Bender & Associates from Key West. The Task Force recommends the following: > That the City accept the recommendations of Bender & Associates to renovate/rehab the structure and not remove it > That the Phase I stabilization plan recommended by Bender & Associates is accepted and that the City allocates funds not to exceed $250,000 towards that plan :> That the City Commission grants the High School Task Force the opportunity to identify users, develop a use allocation plan, design an area master plan for the building as it relates to the immediate area including City Hall and the Children's Museum, and design a Business Plan Performa including sources of capital Bert Bender, President of Bender & Associates, explained that his team of professionals included environmental specialists, engineers, architects, and structural, mechanical and electrical engineers. They spent four days going through the building. After going through the structure and reviewing the prior reports, they found that it was a structurally sound building that is a prime candidate for a rehabilitation effort. The building has a lot of character and significance to the community. They are making a recommendation to rehabilitate and restore the building and preserve it for use within the community. Mr. Bender said that his firm specializes in historic restoration of existing buildings and does work on existing buildings that are non-historic as well. Under Phase 2, the report states "Plumbing price assumes re-use of fixtures." Mayor Taylor asked whether it was possible to re-use the fixtures. Mr. Bender said that it was possible depending on the use of the building. Mr. Hutchinson explained that the Task Force did not spend a lot of time on the design or the asbestos issue. Tf the building is saved, the asbestos can be dealt with very easily. Tf the building is torn down, it is more expensive to deal with the asbestos. The asbestos issue did not drive whether the building should be torn down or not. Mr. Bender explained that he had received several telephone calls regarding asbestos. There is an overabundance of concern regarding asbestos. Tt is not harmful unless airborne. Then it becomes an issue. The environmental engineer gave a report that said that if the building is demolished, the asbestos must be abated before demolition. Tf the building is restored, what little bit of asbestos might be in the plaster can be encapsulated simply by cleaning and painting the walls. The asbestos that they know exists is in the floor tiles. But by simply cleaning and 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida December 2, 2003 waxing the tiles, the asbestos will be encapsulated. If you choose to remove the tile, you must abate asbestos. The other options are to simply maintain it or cover it with something. Tf it is carpeted, then it is encapsulated. Commissioner Ensler asked whether the five samples that were taken were from floor tiles, walls or insulation. Mr. Bender replied that the five samples that he was referring to were only plaster samples. Four were negative. The fifth one was positive with greater than 1% asbestos. Commissioner Ensler asked what it would take to do a follow-up report. Mr. Bender responded that it would cost $3,250. City Manager Bressner thought that it was clear that the building can be saved per the report. One of the issues to consider is how much of the building should be saved. The building is approximately 28,000 square feet. The front portion of the building is the classroom building. The back portion is the gymnasium area. There is no exact age for the gymnasium but it is not quite as old. He asked the consultant whether the costs are equal to refurbish the front portion and the rear. Mr. Bender said that the rough costs are equal, whether dealing with the gymnasium portion or the front portion. The gymnasium is a very significant part of the building and to remove it destroys the historic significance of the building. City Manager Bressner identified the following five alternatives that the Commission may want to consider: 1. Follow the Task Force's Recommendation to stabilize the building at a cost of approximately $250,000 at this time and request that the Task Force continue its work to include a report as to adaptive re-use options for the building at a cost of approximately $50,000. This would require a budget amendment as the current budget has $50,000 in it for this fiscal year. 2. Proceed with the asbestos abatement study for $3,250 before authorizing the stabilization of the building so that an informed decision can be made. He felt that this was important. 3. Hold the discussion of the project until the City Commission concludes discussion on Capital Improvement priorities that is scheduled for December 19th. 4. Authorize staff to obtain an additional opinion on the building condition. This goes back to a report provided by the Risk Manager. 5. Go with the asbestos abatement study and roll this into conversation regarding capital improvements before authorizing stabilization of the building. Get some ideas from the Commission and the community regarding types of uses. 19 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida D~,=~mber 2, 20.n~ Commissioner Ensler felt that the 5t~ alternative made sense to him. Then, the Commission could better understand what it is that the building could be used for. Commissioner McCray thought that they should complete the asbestos study. He would need an estimate on how much it would cost for a second opinion. He is in favor of saving the building. Mayor Taylor agreed with the asbestos study and asked how long it would take. Mr. Bender said that they could have a preliminary report before Christmas. City Manager Bressner said that the other issue is whether lead paint was used on the premises and what type of abatement might be necessary for that. Mr. Bender said that this may already be in the proposal but he will confirm that. Mgti~n Vice Mayor Ferguson made a motion to go ahead with the asbestos and the lead study at a cost not to exceed $6,000. Commissioner Ensler seconded the motion that carried unanimously. Mayor Taylor asked whether the estimated $250,000 to stabilize the building was in the budget. City Manager Bressner said that the money is available in the capital projects fund but it would need to be allocated for this projec~ and that would require Commission action. Mr. Hutchinson pointed out that the Task Force recommended not to exceed $250,000 because they felt that the rest of the studies could be included in that figure. So, it would not be $250,000 plus $50,000. Tt would be $250,000 total for stabilization and re-use. Harvey Oyer, .lr.~ 512 N. Seacrest Boulevard, stated that he graduated from the High School in 1944. The tile that was referred to was put on a~er World War T! and covers wood floors. His understanding of the damage to the gymnasium was that it was caused by roof beams that were not reinforced with concrete. This has since been corrected. He previously headed up a Task Force from the Boynton Historical Society and they raised quite a bit of money. They hired an architect and had a set of detailed plans. Tf this building is visioned by the City as being a cultural center, it would anchor one end of Ocean Avenue with the Marina development. This school originally had students from the Atlantic Ocean to and from the Delray Beach City limits to Lantana. He felt that these people need to be included in the planning for the uses of this building. He thought that the building should be preserved and put to a cultural use. Mr. Oyer felt that the present Task Force is stacked with CRA members. No one on the Historical Society had any input. For the maximum benefit to the community and the least cost to taxpayers, a committee should be set up to obtain grants and donations. He said that people will not donate money to provide government offices. 20 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Deceml)er 2, 2o.nR Hillery Lynch, 28 Country Road, is President of the Boynton Cultural Center that oversees the Schoolhouse Children's Museum. They have had two incredible years with the Museum. The Board spent a lot of time strategically planning for where they see themselves going. The High School is an integral part of that growth. The Board is glad that the High School building will hopefully remain. She requested that the Commission include the Boynton Cultural Center as part of the Task Force for the future use of that building. B. Discussion of additional Property Tax Assessment Exemption for Tncome Eligible Senior Citizens per FSS 196.075 City Manager Bressner explained that State Statute allows local governments to authorize up to an additional $25,000 property tax assessment exemption to income eligible senior citizens. The basic criteria are that senior citizens are permanent residents and property owners who are at least 65 years old and have a household income of $20,000, which was then adjusted for inflation. The current adjusted number is $21,599. Earlier this year Palm Beach County enacted legislation for County year 2004. Several municipalities have authorized this. The time line is that in order to be effective for 2004, a decision was necessary by December 1st. Tf the Commission is interested in proceeding with this, consideration would need to take place in calendar year 2004 and a resolution adopted prior to December 1, 2004 for implementation in 2005. The County will have a data base using the same income eligibility criteria that the City would use. The City could utilize their methodology. They will have much of the eligibility issues and number of individuals identified so that the Commission can made an informed decision as to whether they wish to go forward with this program. He did not know what fiscal impact this would have on the City. :Information he received from other jurisdictions indicates that the impact is not known to be significant. Tt was the consensus of the Commission to put this item on an active agenda for May 2004. X. FUTURE AGENDA TI'EMS: A. Discussion of rotation of CRA Chair (December 16, 2003) B. ,loint meeting with Commission and CRA on Development Tssues (December 17, 2003 - 5:30 p.m. - Conference Room C - West Wing) C. City Commission Capital Tmprovement Workshop (December 19, 2003 - 9:00 a.m. - Conference Room C - West Wing) D. Proposed Ordinance regarding granting to Florida Power & Light Company an electric franchise agreement for the period of thirty years from the date of acceptance (3anuary 6, 2004) E. Strategic Planning Session (.lanuary 2004) 21 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flgrid~ December 2, 200~ F. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (January 2004) G. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) X~. NEW BUSINESS: None XII. LEGAL: A. Ordinances -- 2® Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-039 Re: Amending Policy 1.16.1 of the Comprehensive Plan to clarify types of uses permitted within the Mixed Use (MX) and the Mixed Use Core (MX-C) land use classifications and to provide ranges of allowable percentages of land uses within each classification City Attorney Cherof read Proposed Ordinance No. 03-039 by title only. Motign Commissioner McCray moved to approve Proposed Ordinance No. 03-039. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 03-054 Re: Establishing an Urban Central Business District City Attorney Cherof read Proposed Ordinance No. 03-054 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-054. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 3. Proposed Ordinance No. O3-O59 Re: Rescinding Ordinance 02-022, which was adopted on .lune 4, 2002 to abandon a utility easement in Quantum Park City Attorney Cherof read Proposed Ordinance No. 03-059 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-059. Commissioner Ensler seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 22 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori;Ip D_~c~ember 2, 200~ ,t. Proposed Ordinance No. O3-O60 Re: Abandonment of a public utility easement (L.A. Fitness) City Attorney Cherof read Proposed Ordinance No. 03-060 by title only. MQtign Commissioner McCray moved to approve Proposed Ordinance No. 03-060. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 5. Proposed Ordinance No. O3-O61 Re: Amending Chapter 18, Pensions and Retirement, Article TX Early Retirement :Incentive Program City Attorney Cherof read Proposed Ordinance No. 03-061 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-061. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1~t Reading 1. Proposed Ordinance No. 03-062 Re: Amendments to the Land Development Regulations, Chapter 21. Signs, to provide definitions for monument and pole signs and establish maximum sign heights that correspond with road type City Attorney Cherof read Proposed Ordinance No. 03-062 by title only. Motion Commissioner Ensler moved to approve Proposed Ordinance No. 03-062. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 03-063 Re: Procedure for the selection of the Vice Mayor City Attorney Cherof read Proposed Ordinance No. 03-063 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-063. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 23 Meeting Minutes Regular City Commission Meeting Bovntpn Bepch, Fl~ridi~ December 2, 20.n~ 3. Proposed Ordinance No. 03-064 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, revising Section 18-170 to provide for optional forms of benefits and amending Section 18-174 to provide for a cost of living adjustment City Attorney Cherof read Proposed Ordinance No. 03-064 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-064. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 4. Proposed Ordinance No. 03-065 Re: Amending Article III, entitled "Pensions for Police Officers," of Chapter 18 of the Code of Ordinances, providing for monthly supplemental benefits City Attorney Cherof read Proposed Ordinance No. 03-065 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 03-065. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. Mayor Taylor apologized for not asking for public input on the second readings of the ordinances. He assumed there was none. Commissioner McCray requested that recognition be given to employees regarding the Mausoleum at the next Commission meeting. C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: None 24 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQri~Ji~ Dec. ember 2, 200~ X~'V. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 9:18 p.m. CITY OF BOYNTON BEACH A'I-FEST: ~~ Deputy City Clerk' ' - 'ssio~~,, 25 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: First Southern Bank Phase II APPLICANT'S AGENT: Charles Dante APPLICANT'S ADDRESS: 1710 W. Woolbright Road Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 21. Signs, Article IV, Section 2(B), limiting a single use to one (1) site sign to allow the erection of two (2) site signs for a commercial office building. LOCATION OF PROPERTY: 1800 W. Woolbright Road 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS ~ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. j)~ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development o th~shall be made in accordance with the terms and conditions of this or 7. Other / . .. -C~ty Clerk S:\Planning\SHARED\WI~PROJECTS~'irst Southern Bank~.NCV 03-021Phase I1\ I in. = 200.0 feet PCD C1 C2 C1 E] Location Map First Southern Bank EXHIBIT "A" - EXHIBIT "B1" ? {. PROD SIGN DOUBLE FACE ILLUMINATED ~ sm=r-o- [ ~.--~. EXHIBIT "C" ORANGE SUN BUILDING AND DEVELOPMENT, LLC CGC0~ 1607 DANTO BUILDERS INC. ! 710 WOOLBmGi. rr RD Bo, n~n'oN BcH. FL 33426 PHONE.: 56 ! 732-3677 FAX: 561 732-3630 I="MAJL: CSDANTOOAOL.. COM Planning & Zoning Meeting - Boynton Beach 1. Traffic ~ West bound traffic must make a U-Turn on 18~ Street (no medium cut) B. Ea~t bound traffic will pa~ west entmnc~ ~topatEaztontranceb~orerealizingthey have past the correct entrance. Economic 2.' Poor distinct signage detours maximum business to property. Resale Yalne 3. One and two above would re~lt in reducing the value of both Phase I and Phase II Building Appraised Value 4. One, two nmi three above would ~ effect the apprai~ value of the entire site. EXHIBIT "D" Conditions of Approval Project name: First Southern Ban Phase II File number: ZNCV 03-021 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1.The additional sign shall be smaller than the existing site sign. The existing X (larger) sign shall be placed at the westernmost driveway. All signage must comply with sign regulations. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ SSPlanning\SHARED\WP~PROJECTS~First Southern Bank~ZNCV 03-021 Phase IECOA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: North Palm Way APPLICANT'S AGENT: David Zimet- Boynton Beach Faith Based Community Development Corp. APPLICANT'S ADDRESS: 2191 N. Seacrest BIvd Boynton Beach, FL 33433 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section 5.F.2.a, to allow a single-family home to be constructed with a rear set back of 19 feet, a variance of six (6) feet from the 25 foot setback required for a single-family house in a R-1 zoning district. LOCATION OF PROPERTY: North Palm Way; East of Seacrest, South of Hypoluxo DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,--"HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ,.-'"'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. .~OYNT04, 7. Other DATED: Clerk S:~Planning~SHARED\WP~PROJECTS~Communily Development CorporatJon\DO.~ I in. = 100.0 feet ~ _ NP~LM DR: / A O location Map Boynton Boach CDC EXHIBIT '%" · ' " EXHIBIT "D" REQUEST FOR VARIANI .C FROM CHAPTER 2, ZONING, SECTION 5.E.2.a North Palm Way 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. The property is an empty lot on which the Boynton Beach Faith Based CDC wishes to build a home for a client. The house will be an owner-occupied residence, not a rental. A. Special conditions or circumstances The lot is oddly configured. The rear property line is %/" shaped and thus a house cannot meet the 25 foot setback zoning requirement for both front and rear. The setback requirement can be met for the front, but not the rear. B. Odgin of special circumstances The Boynton Beach Faith Based CDC has done nothing to create the special conditions that require the variance. C. Special privileges The CDC is not receiving any particular benefit over other individuals or developers; the CDC only requests that it be permitted to construct a modest single family home (under 1,500 sq. ft.) consistent with the homes in this community on the east side of Seacrest Blvd. (a condominium is on the west side) and with the zoning designation. D. Commonly enjoyed property dghts In the immediate neighborhood, property to the east of Seacrest Blvd. is zoned R-1 (49 other properties), that to the west is zoned R-3 (over 500 residents). According to the R-1 lot owners must have specific setbacks. Because of the odd configuration of the lot, a house cannot be built with the required rear setback and still conform to the use intended by the City of Boynton Beach when it conveyed the property to the 'CDC. The lot in question is located on BloCk 13. Lots 10 and 11 of that same Block (13) were awarded variances for rear setbacks. E. Minimum variance/reasonable use Because of the shape of the property, some of the rear setback is already in {~compliance with zoning requirements, but some is not. A vadance of approximately fe~.~ feet is sought for those parts of the house that are not in compliance with zoning requirements. The CDC seeks to build a modest houSe, · ' EXHIBIT "D" less than 1,500 square feet, on the lot. The lot will thus pass from being a vacant property to an owner-occupied residence. F. Harmony with general intent and purpose of the chapter The construction of the home by the CDC (the CDC already has client who wishes to locate on the site) will improve the neighborhood by ddding it of a vacant lot that conforms with the houses already in the neighborhood. By adding to the tax rolls, the home will serve to increase public welfare. EXHIBIT "E" Conditions of Approval Project name: North Palm Way File number: ZNCV 03~022 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORE STER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ s APIanning\SHARED\WPLPROJECTS~Boynto Beach Community Development Corpomtion\COA.doc S:~Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase Two APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl Klepper - Compson Associates, Inc. APPLICANT'S ADDRESS: 980 North Federal Highway, Suite 200, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Site Plan approval for a 4,200 square foot commercial building on a 28.368-acre site in a C-3 zoning district. LOCATION OF PROPERTY: East side of Congress Avenue, north of the Boynton Canal 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,-'"'"HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ,,-'"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: /~ - ~:. -O.?j SSPlanning~SHARED\WP~PROJECTS\Renaissance Commons\NWSP 03-016 F Location Map EXHIBIT"A" RENAISSANCE COMMONS "-,~ "~ ' i~ I ",-: '/ '~ ' ""- "~' "' " (3:3 ~ ' PID ~lC PU PID $ EXHIBIT "~" ~ . ~IIB!T "B" : . MOURIZ --'--~;,=-"~-" SAEAZAR '-' A~H~CT~ & PLANNERS "~'"~"~'~- --=" "'=~=':~ ~"~='='='='=='""-"'~ I IIIIIIIII~ EXHIBIT "B"' "al' ~1~ ARCHII~CTS & PLANNERS ~EXHIBtT "B" EXHIBIT "B" illllltiiIItl r Renaissance Commons Boyton Beach, EXHIBIT "B" I1! !lllmliilI;il I Renaissance C;ommonSTownBoyton & CountrYBeach, FloddaHomes EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase II File number: NWSP 03-016 Reference: 2na review plans identified as a New Site Plan with a November 4, Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: 1. City of Boynton Beach Utility Department approval and Palm Beach County X Health Department permits will be required for all water and sewer work on this project (CODE, Section 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16Co)). 3. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City Utilities Department before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 4. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 5. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); and will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 6. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. COA 11/13/03 2 DEPARTMENTS INCLUDE REJECT 7. At the time of permitting, ensure that proposed canopy trees do not conflict X with the freestanding outdoor lighting fixtures. It may be necessary to replace or relocate large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (Chapter 23, Article II, Section A. 1.b). 8. The sight triangle shown on Sheet SP-1 does not meet FDOT Standard Index X 546 as stated. Please correct. 9. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 10. Engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. FIRE Comments: 11. Emergency access shall be provided at the start of a project and be maintained X throughout conslxuction per the Florida Fire Prevention Code, Section 3-5, and NFPA 241, (1996) Safeguarding Construction, Alteration, and Demolition Operations, Section 54.3. POLICE Comments: None X BUILDING DIVISION Comments: 12. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. COA 11/13/03 3 DEPARTMENTS INCLUDE REJECT 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: ~ The full name of the project as it appears on the Development Order and the Commission-approved site plan. >' The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO), Chapter 26, Article II, Sections 26-34) 16. At time of permit review, submit separate surveys of each lot, parcel or tract. X For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. The recorded deed shall be submitted at time of permit review. 17. The required fire separation between tenants in building #6 shall comply with X Section 704 and Table 704 of the 2001 FBC. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 18. The applicant must indicate on the landscape plan, the existing trees / X vegetation that will be preserved, relocated, and removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vegetation. 19. All shade trees on the Plant List must be listed in the specifications as a X minimum of 12-14 feet in height, three (3) or four (4) inches in caliper at DBH four and one-half (4.5) feet off the ground, and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12- 14 feet to meet the three (3) or four (4) inch caliper requirement (Chapter 7.5, Article II Sec. 5.C. 2.). 20. During the permit review process, the proposed 22,000 square foot lake X shown on sheet SP-1 must be designed with upland and littoral zone trees / vegetation along 50% of the lake perimeter (Chapter 7.5, Article II Sec. 5A.). 21. The irrigation design should be designed for water conservation and tree X health. All shade and palm trees should receive irrigation from a bubbler source, including the lake plantings (Chapter 7.5, Article II Sec. 5A.). 22. Turf areas should be limited in size. Landscape (bedding plants) areas should X COA 11/13/03 4 DEPARTMENTS INCLUDE REJECT be designed on separate zones with proper time duration for water conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 23. The traffic impact analysis for the entire Renaissance Commons project X consists of 300 apartment units, 200 townhouse units (for a total of 500 dwelling units), and 43,820 square feet of retail space. As proposed, the retail area would be divided into five (5) separate buildings. No building permits can be issued until the entire project meets the Traffic Performance Standards (TPS) of Palm Beach County. At the time of permitting, submit a rectified overall site plan, indicating all the above referenced uses and their respective square footages. The number of units and retail buildings areas proposed on the rectified overall plan must match the approved traffic impact analysis. 24. If not done so already, abandonment and rededication of easements must be X recorded prior to issuance of a building permit for the project. 25. Staff wants to ensure that the (entire) Renaissance Commons' parking X requirements are still met. At the time of permitting, submit a rectified overall site plan indicating an updated required / provided parking tabulation (for Phase One and Two). 26. Since Phase Two is not proposed as a separate out-parcel, include a revised X setback table (as shown on sheet SP-2) with only the "front yard" information completed. 27. Equipment placed on the walls of the buildings shall be painted to match the X building color (Chapter 9, Section 10.C.4.). Place a note on the site plan indicating this requirement. 28. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). This would apply to the Ligustmm, Bouganvillea, and Pygmy Date palm trees. 29. Once the building is built and all tenants of the commercial buildings are X determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article IV, Section 2.C. of the Land Development Regulations. 30. Fifty percent (50%) of all site landscape materials must be native species X (Chapter 7.5, Article II, Section 5.P). On the landscape plan (sheet L3 of 3), provide the percentage of native canopy trees, palm trees, shrubs / accents, and groundcover to ensure compliance with this code requirement. This requirement applies to the entire 28.36-acre site known as Renaissance COA 11/13/03 5 DEPARTMENTS INCLUDE REJECT Commons and not just this phase. 31. The Landscape Plan (Sheet L2 of 3) does not depict the trellises and X associated landscaping visually portrayed on the elevations (sheet A-2). Please update this sheet and ensure that these structures and landscaping do not encroach into the loading space and do not infringe on the exit access for pedestrian movements. 32. For the Phase Two portion of Renaissance Commons project, staff X recommends utilizing the same outdoor freestanding lighting fixture's pole heights and lighting heads that were approved durin~ Phase One. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 33. None X ADDITIONAL CITY COMMISSION CONDITIONS: Comments: 34. To be determined. ~ ELJ S:\Planning\SHARED\WP\PROOECTS\Renaissance Commons\NWSP 03-016 Phase II\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Renaissance Commons Phase Three APPLICANT'S AGENT: Mr. James Comparato and Mr. Carl Klepper - Compson Associates, Inc. APPLICANT'S ADDRESS: 980 North Federal Highway Suite 200 Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2003 TYPE OF RELIEF SOUGHT: Site Plan approval for the third phase of a mixed use project consisting of 28,962 square feet of commercial and eight (8) residential units on a 5.56-acre site in a C-3 zoning district. LOCATION OF PROPERTY: East side of Congress Avenue, south of Gateway 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 THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ,.-'"'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby ,.--'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on t~hall be made in accordance with the terms DATEDi' and conditions of this orde~/~.~o~~~,~-~ S:~'Ianning~SHARED\WP\PROJECTS\Renaissance Comrnons\NWSP 03-0~ Location Map .... EXHIBIT"A" RENAISSANCE COMMONS PHASE ',%, '-q~ ..... .., //' .,' ~ ~lC PU SITE , PID EXHIBIT "B" EXHIBIT "B" EXHIBIT "B"' MOURIZ ~-L--:'-"r' ...,,..,,,.:.,:o,.,.. ~:~ ,~,,,, | PHASE ARCHITECTS & PLANNERS EXHIBIT "B". i1: {IJllI[ il I Renaissance CommonS. o.on...,~,,~ J~[~l[[~J~I EXHIBIT "B" PHASE III C EXHIBIT "B"' EXHIBIT "B" RenaissanceBo~o. ~a~..C°mm°ns F,o~a EXHIBIT "B" ./ I, ~_:_~,~ EXHIBIT "B"" II .~~ ...... EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Renaissance Commons Phase III File number: NWSP 03-017 Reference: 2na review plans identified as a New Site Plan with a November 4, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Show all off-site improvements needed for this project. These plans depict X work that will require review, approval and permits from outside agencies. UTILITIES Comments: 2. City of Boynton Beach Utility Department approval and Palm Beach County X Health Department permits will be required for all water and sewer work on this project (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. This office will not require surety for installation of the water and sewer X utilities, upon condition that the systems be fully completed and given to the City Utilities Depamnent before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 6. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 7. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); and will be reviewed at the time COA 11/26/03 2 DEPARTMENTS INCLUDE REJECT of construction permit application. ENGINEERING DIVISION Comments: 8. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Per Condition of Approval #11, Renaissance Commons Phase I (NWSP 03- X 007) a re-plat will be required. Re-platting shall occur prior to the issuance of any building permits. 11. It may be necessary to replace or relocate large canopy trees adjacent to light X fixtures to eliminate future shadowing on the parking surface (Chapter 23, Article II, Section A. 1.b). 12. The sight triangle shown on Sheet SP-1 does not meet FDOT Standard Index X 546 as stated. Please correct. 13. Landscaping is shown surrounding the lift station north of the second X driveway into the site. Provide clear access to the lift station for maintenance purposes. 14. Provide a drainage plan showing existing and proposed elevations, flow areas X and any required drainage structures. Include preliminary drainage calculations. Specify storm sewer diameters and materials, inlets types, etc. on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. 15. Lake excavation or fill operations shall require a separate Excavation & Fill X Permit, issued through the Building Department. 16. At the time of permitting, provide complete drainage plans, including X drainage calculations in accordance with the Chapter 6, Article IV, Section 5 of the Land Development Regulations. 17. A Substation is shown adjacent to Building #11. Please indicate ownership X and how relocation will be accomplished. 18. Engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and will be reviewed for COA 11/26/03 3 DEPARTMENTS INCLUDE REJECT constmctabilit7 at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 19. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 20. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 21. Buildings three-stories or higher shall be equipped with an automatic X sprinkler system per F.S. 553.895. 22. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 23. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 24. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: a) The full name of the project as it appears on the Development Order and the Commission-approved site plan. b) If the project is a multi-family project, the building number(s) must be provided. The building numbers must be the same as noted on the Commission-approved site plans. c) The number of dwelling traits in each building. d) The number of bedrooms in each dwelling unit. e) The total amount paid and itemized into how much is for water and COA 11/26/03 4 DEPARTMENTS INCLUDE REJECT how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 25. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: f) A legal description of the land The full name of the project as it appears on the Development Order and the Commission-approved site plan. g) If the project is a multi-family project, the building numbers(s) must be provided. The building numbers must be the same as noted on the Commission-approved site plans. h) The number of dwelling units in each building. i) The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)) 26. The title sheet notes Building 9 as Type IV unprotected construction. Sheets X SP-2 and A-t notes Type V unprotected. Clarify. 27. Occupancy separation requirements between the retail and residential X occupancies in Building 10 shall comply with 2001 FBC Table 704.1 and Section 704. 28. Fire separation between tenants in Buildings 9, 10 & 11 shall comply with X Section 704 and Table 704 of the 2001 FBC. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 29. All shade trees on the Plant List must be listed in the specifications as a X minimum of 12 -14 feet in height, 3 or 4 inches in caliper at DBH (4.5 fcet off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12-14 feet to meet the 3 or 4 inch caliper requirement (Chapter 7.5, Article II Sec. 5.C. 2.). 30. There is no irrigation system design included with the site plans. The X irrigation design should be designed for water conservation and tree health. All shade and palm trees should receive irrigation t~om a bubbler source. This includes the lake plantings (Chapter 7.5, Article II Sec. 5A.). 31. Turf areas should be limited in size. Landscape (bedding plants) areas should X be designed on separate 7.ones with proper time duration for water COA 11/26/03 5 DEPARTMENTS INCLUDE REJECT conservation (Chapter 7.5, Article II Sec. 5. C.2.). PLANNING AND ZONING Comments: 32. The traffic impact analysis for the entire Renaissance Commons project X consists of 300 apartment units, 200 townhouse units (for a total of 500 dwelling units), and 43,820 square feet of retail space. As proposed, the retail area would be divided into five (5) separate buildings. No building permits can be issued until the entire project meets the Traffic Performance Standards (TPS) of Palm Beach County. At the time of permitting, submit a rectified overall site plan, indicating all the above referenced uses and their respective square footages. The number of units and retail buildings areas proposed on the rectified overall plan must match the approved traffic impact analysis. 33. The School District of Palm Beach County approved the Renaissance X Commons project for 500 dwelling units. Any additional units would require the School District's review and approval. District approval would be required prior to the issuance of any building permits. 34. The configuration of the proposed Phase m parcel does not match the X commercial parcel that was approved on the master plan. The proposed configuration would cause the existing Motorola building to be non- conforming due to PID zoning setbacks. Either reconfigure the proposed Phase III parcel so that it is consistent with what was already approved by the City Commission or formally request a master plan modification to the Motorola master plan. Either way, staff would not support a change that would cause non-conformity. 35. Based on the proposed uses and respective building areas, the Phase III X Renaissance Commons requires 158 parking spaces. Revise site plan tabular data (sheet SP-2) to indicate the number of required spaces. 36. On the site plan, provide a label indicating the number of parking spaces for X each row, including handicap spaces. 37. Regarding the apartment units, the number of garage doors (9) shown on the elevations (sheet A-5) does not match the number of doors (8) shown on the X floor plan (sheet A-3). These plans must correspond with each other. Submit rectified plans at the time of permitting. 38. On sheet A-5, label the elevation drawings as "Building 10". X 39. Once the building is built and all tenants of the commercial buildings are X determined, the cumulative area of all wall signage would have to comply with Chapter 21, Article IV, Section 2.C. of the Land Development COA 11/26/03 6 DEPARTMENTS INCLUDE REJECT Regulations. 40. The entry wall sign (sheet A-8) shows that a provision would be made for the X project's major commercial tenants. Staff endorses this style of signs that would be construed as "shopping center" signs as identified by the Land Development Regulations. However, the sign face itself may not exceed 160 square feet in area. This sign face would include the proposed lettering, "The Shops at Renaissance Commons". 41. On the landscape plan, ensure that the plant quantities match between the X tabular data and the graphic illustration. Prior to the issuance of a building permit, ensure that all proposed and existing plant material is indicated and accounted for on the landscape plans. 42. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). This would apply to the Jatropha, Ligustrum, Bismark, Bouganvillea, Japanese Fern, and Pygmy Date palms. 43. The landscape plan Landscape Quantities Detail Sheet (sheet L5 of 5) needs X to indicate the total amount of plant material in each of the following categories: trees, palms, large shrubs / accents, and medium shrubs / groundcover / vines. 44. If applicable, the abandonment and rededication of easements in must be X recorded prior to issuance of a building permit for the project. 45. Trellises may not encroach into the loading zone areas. X 46. For the Phase Three portion of the Renaissance Commons project, staff X recommends utilizing the same outdoor freestanding lighting fixture's pole heights and lightinl~ heads that were approved during Phase One. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 47. Remove condition #37 as elevation drawing and floor plan are consistent. X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 48. To be determined. ~ ELJ S:\Planning\SHARED\WP\PROJECTS\Renaissance Commons\NWSP 03-017 Phase IIl\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Fire Station #2 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach BIIvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request Community Design Plan Appeal approval for a fire rescue building with the apparatus bay doors facing Woolbright Road LOCATION OF PROPERTY: Woolbright Road, approximately 650 feet 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~'"'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby '-~RANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. and conditions of this order~ ~Gi~02..,'~ be made in accordance with the terms All further development on the~shall 7. Other ~ DATED: Icq,--~ -O ~ ~-~~. /-/~ City Clerk : Location Map EXHIBIT A -FIRE STATION #2 I I c3I ~ D ! PCD ,:,// .. / * ~ ~ '.~ 0 gO 0 'III "~ 0 % .? EXHIBIT "C" Conditions of Approval Project name: Fire Station #2 File number: CDPA 03-002 Reference: Application received 9-17-03 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. s:xPtanningLplanning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lots 73A-76 Quantum Park PID APPLICANT'S AGENT: Joni Brinkman, Winston Lee & Associates, Inc. APPLICANT'S ADDRESS: 1532 Old Okeechobee Road, Suite 106, West Palm Beach, FI 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request site plan time extension for the construction of 196,554 square feet of office/warehouse on 13.75 acres in the Quantum Park PID, more specifically a six (6) month time extension of the approval granted on November 6, 2002 (an extension to May 6, 2004) LOCATION OF PROPERTY: High Ridge Road, south of Gateway Boulevard 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant v/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby v/GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the pi shall be made in accordance with the terms and conditions of this order. 7. Other DATED: /o~ - ~, - O-~ Clerk ~ LOCATION MAP ~'-' Uuantum ~arK Lots i~A-tI3 EXHIBIT "A" ....... · i CITY . ' ":'_.. , ~: ' UANTUM- EXHIBIT "C" Conditions of Approval Project name: Quantum Park Lots 73A-76 File number: SPTE 03-005 Reference: Application received October 20, 2003 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. s:~PlanningXPlanning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Fire Station #2 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach BIIvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request site plan approval for a two story, 29,234 square foot fire rescue building on 3.9 acres ' LOCATION OF PROPERTY: Woolbright Road, approximately 650 feet 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~""'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applica...,Rt's application for relief is hereby ~,"'GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development onthe pr~hall be made in accordance with the terms and conditions of this orde~ 7. Other DATED: lc,q,, -/o - ~ / I . Location Map EXHIBIT A FIRE STATION # 2 ~-..~ · WOOLB HT RD ~ SW 15T,H AVE ~.. ' ~ 0 ~ F~ w S o , . , . ,EXHIBIT "B" · .m -IO o~: -< O- m 03O ;',,~ O o;:O o -< > Z 03 -o O ~ ~ Z O ~ rn z > 'TI - (1:) O j!~- ..... .., EXHIBIT "B" j EXHIBIT "B" M_A_TC H_ LINE A-A MATCH LINE A-A , ~ . I o / /// .-,, ~~ / ! / / , MATCH LINE B-B SEE~.-SpI~ EXHIBIT "B" EXHIBIT "B" +~, +% --- fill Il! Iii ,,..' !lJ'!!jfll ~ u ii, Iliill !I Ii! ,jj ,j..I il iii lJj...ii~ii,; !lliliJj I'll ji J l I' ' .' I ,.IllI t MATCH LINE A-A ~ m~. -c~.~ EXHIBIT "B" EXHIBIT "B" JJ Ii 'EXHIBIT "B" ? I ° I " I ~ .^~o. !~i~i~ ~l!~ !Ii ' ~ I I~ ~ll Iii I!i:~ I!1!I : i' Itl EXHIBIT "B" ? I - I * I ~. MATCH LINE A-A~ ~ ,iii - , . , . ,EXHIBIT "B" EXHIBIT"B" I I I I / EXHIBIT "C" Conditions of Approval Project name: Fire Station #2 File number: NWSP 03-015 Reference: 2nd Review Plans with an October 31, 2003 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- X 6200) regarding the storage and handling of refuse. PUBLIC WORKS- Traffic Comments: 2. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. UTILITIES Comments: 3. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). 4. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 5. A building permit for this project shall not be issued until this Department X has approved the plans for the water and sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 6. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 7. Permits will be required from Palm Beach County for driveway cuts. X 8. Permits will be required from LWDD for the stormwater outfall into the X canal. 9. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the Commission and at permit review. 10. Irrigation specifications will be provided by the Public Works/Forestry & X Grounds Division for incorporation into the plans at the time of permitting. 11. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 12. Indicate by note removal/relocation of old fence around the water tank site X at time of permitting. 13. Paving, Drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and will be reviewed for constructability at the time of construction permit application. BUILDING DIVISION Comments: 14. Indicate within the site data the type of construction of the building as X defined in Chapter 6 of the 2001 FBC. 15. Indicate within the site data the occupancy type of the building as defined in X Chapter 3 of the 2001 FBC. 16. The height and area for buildings or structures of the different types of X construction shall be governed by the intended use or occupancy of the building, and shall not exceed the limits set forth in Table 500 of the 2001 FBC. 17. Place a note on the elevation view drawings indicating that the wall X openings and wall construction comply with Table 600 of the 2001 FBC. 18. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 19. Add to all plan view drawings of the site a labeled symbol that represents X the location and perimeter of the limits of construction proposed with the subject request. 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. DEPARTMENTS INCLUDE REJECT 21. Verify that the proposed elevation is in compliance with regulations of the X code by adding specifications to the site data that address the following issues [Section 3107.1.2, Chapter 31 of the 2001 FBC]: The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation . __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." a) From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. b) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 22. Add to the submittal a partial elevation view drawing of the proposed perimeter X fence. Identify the type of the fence material and the type of material that supports the fence, including the typical distance between supports. Also, provide a typical section view drawing of the fence that includes the depth that the fence supports are below finish grade and the height that the fence is above finish grade. The location and heights of the fence shall comply with the fence regulations specified in the Zoning Code. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 24. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: The full name of the project as it appears on the Development Order and the Commission-approved site plan. 25. Submit documentation as to the standard used to arrive at the live load X I calculations shown on Sheet A2.1. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: 26. All shade trees on the Plant List must be listed in the specifications as a X minimum of 12 feet-14 feet in height, 3 inch caliper at DBH (4.5 feet off the ground), and Florida #1 (Florida Grades and Standards manual) The height of the trees may be larger than 12 feet-14 feet to meet the 3 inch caliper requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] PLANNING AND ZONING Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Comments: 27. All above ground mechanical equipment such as exterior utility boxes, X meters, and transformers shall be visibly screened. Back-flow preventers shall be painted to match the principal structure. Place a note on the plan indicating this requirement. 28. All equipment placed on the walls of the structure shall be painted to match X the structure. Place a note on the plan indicating this requirement. 29. Required landscape buffers adjacent to rights-of-way shall contain two X layers of plant material. The first layer shall be a combination of colorful groundcver plants and a minimum of two colorful shrub species planted in a continuous row. The next layer shall consist of a continuous hedge or decorative site wall and one tree spaced a maximum 30 feet apart. The continuous hedge (2na layer) shall be a minimum of 24 inches in height, 24 inches spread and planted with tip-to-tip spacing at time of planting. Sheet L2.1 indicates shrubs at a dimension of 18" x 18". 30. Site Plan approval is subject to City Commission approval of the X Community Design Plan Appeal (CDPA 03-002) application that is part of this project. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. SAPlanningXSHARED\WPLPROJECTSXFIRE STATION 2 LUARhNWSP 03-015\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Buchanan Variance APPLICANT'S AGENT: James E. Buchanan APPLICANT'S ADDRESS: 807 Ocean Inlet Drive Boynton Beach FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 2, 2003 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five (25) foot rear yard setback to allow a seven (7) foot variance, resulting in a 18 foot rear yard setback within the R-l-AA single family zoning district. LOCATION OF PROPERTY: 807 Ocean Inlet Drive 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS .X~ HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. ~ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on th ~ shall be made in accordance with the terms and conditions of this order./,~o~N~,~,.~. 7. Other DATED: S:\Planning~SHARED\WP\PrOJECTS~Buchanan Vad,ance~NC:\l~-i.-~~e .~jty Clerk ' - Location Map EXHIBIT "A" -BUCHANAN VARIANCE ......... R3 R3 / ] LAKE WORTH/ICWW I I ti BOYNTON CANAL C-1§ [ ' - 't?... 'EXHIBi~ I I ! I I I .... I I I I I I I ,_ ........... ...I I / ; I / I I I ! I I I I - I I I i I I I I I I I ! I I I .! I I I ! " ' : .' EXHIBIT "D" VARIANCE APPLICATION Buck and Susan Buchanan 807 Ocean Inlet Drive Boynton Beach, Florida 33435 · STATEMENT.OF SPECIAL CONDITIONS A. Special conditions and circum~qtances existing that are peculiar to this property are the size of the lot and its location on the Intracoastal Waterway (~CW). This lot is. on the north side of~ean Inlet Drive and is 75 feet wide but only 98 · feet deep. The lots on the south side Of Ocean Inlet Drive are also 75 feet wide but are 112 feet deep. ffthis lot were as deep as those on the south side, a vahance would not be needed for the contemplated expansion of thi.q home. Further, this property is located directly on the ICW and has a wide water view to the B°ynton Inlet with no houses to obstruct that view. The properties on the south side are located on a canal which is not as deskable but can accommodate a larger house because of the greater depth of the lot. The original developer erred in not siz/ng the lots such'that the more desirable lots on the ICW could accommodate as large or larger homes as those on the canal. B. The special conditions and.circumstances discussed above are not the result of the actions of the applicants since · the lot s/ze is the same as it was originally platted · the home was.built by others in 1959, and · the applicants did not purchase the home until 1987. C. Granting the variance will not confer a special privilege on the applicants because it will allow the creation of a structure consistent with new and remodeled homes in the neighborhood, some of which have obtained variances or were originally constructed with less of a setback. In fact, the adjacent property to the east was constructed within the past year w/th a rear variance of 9 feet and a front variance of 5 feet for a two story structure. The variance requested here is for a rear variance that will only affect overhangs and not affect the footPrint of the residence. ..... EXHiBiT 'D;, . Currently the edge of the screened porch is 22feet and the two-foot overhang of the roof20 feet from the rear property line, well within the 15 feet in the oh~nal deed restriction but now non-complying. The variance being requested is to allow for an additional two feet into .the current setback for overhangs. D. Literal interpretation would deprive the applicants of rights commonly ,enjoyed by other properties in the neighborhood and would cause undue hardship for the following reason. The primary impetus for the remodeling project is to prepare to accommodate an aging mother. G/ven the design of the house and the lot size, the only way to accomplish thi.q is to add a second story. For reasons of aesthetics, function, and value, the current screened porch will have a second story porch above it which will serve as the roof for the screened porch. In order to better protect the screened porch from the severe weather from the north, it is necessary to extend this second story porch an additional two feet beyond the current roof overhang thus providing a four-foot overhang to shelter the screened porch. This two-foot projection beyond the current roof overhang results in a variance of seven feet and a setback of 18 feet. Denying the variance would negatively affect the util/ty, value, and overall aesthetics of this remodeling project. E. The 7-foot variance (two feet beyond the current stmcttu'e) is the minimum_ needed to shelter the screened porch, an integral element in the open-a/r, flow- through design of the project. The intn[qion into thc .qethne. k i~ minimal ~int,~ it not affect the footprint of the residence. EXHIBIT "D" F. The variance requested is not injurious to the area involved or detrimental to the public welfare. In fact, it would have a positive effect. The adjacent neighbors to the east and west will be unaffected because in both cases their garages face this property, and they have no windows facing, this property. Further, dense vegetation separates the properties. The new structure will be more attractive and impressive than the current structure and will add value and beauty to thc neighborhood. It will take advantage of the natural environment and breezes, have a Florida style with a large amount of outdoor living space, be harmonious with the environment, and. be one of the' most beautifully designed and landscaped residences in this emerging neighborhood. EXHIBIT "E" Conditions of Approval Project name: Buchanan Variance File number: ZNCV 03-019 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None x ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ ..--- S:'tPIanning\SHARED\WP~PROJECTS~Buchanan Variance~NCV 034) 19\COA.doc ~>:dified Exhibit iH - Marina ~ iity Co~missiDn Mtg. -12/2/03 Two Georges - Required Parking 'based on Occupational Licenses issued as of 11/25/03 & confirmation correspondenc~ f' ~:-n Two G~ orge= da ed 11/'18/03) Parking Parking License Name Variable Calculation bs~ vested spaces Two Geor~les Restaurant 295 seats 118 Pe,,:t ~urant 120 48 Two Geor~les Marina 29 slips 29 IVar.r~a 19 ~s 19 Dive Shop II (2nd floor) 1400 sq ff 7 Reta I 7 Splash Down Divers (1st floor) 1400 sq ft 7 R eta I 7 Loggerhead Dive Charters 200 sq ft 1 Reta :1 1 Loggerhead Dive Charters 24 ps,Irs 8.0 C~r'~m Boat 8 Splashdown (licensed as Delta's Splash- Lynn Simmons) 22 ps,irs 7.3 C~r,~.m Boat 7.3 Boynton Beach Boat Rentals (Marcello Juchem) 30 ps,Irs 10.0 Corem Boat Little Deeper (Leo Sand) 22 ps,Irs 7.3 Cor'.~m Boat 7.3 Hickman. Robert (7 Come 11) 5 ps,Irs 1.7 Co_[12m Boat 1.7 Lattanzi. Ernest J. (Offspray) 5 ps,Irs 1.7 cor'~m Boat 1.7 Underwater Explorers (Candide) 6 ps,Irs 2.0 C~.ri2rn Boat Deeper Dive Charters Int'l (Leo Sand) 22 ps,irs 7.3 Co!i_nm Boat 7.3 Ham'R Time (Paul Fasolo) 6 ps,Irs 2.0 Co?_~m Boat 2 Pelican Dive Charters (Richard Betterley) 25 ps,Irs 8.3 Co?_m Boat Carl Miller Fishin~l Charters (Miller Time) 5 ps,Irs 1.7 Corem Boat Hess. Daniel P. (Hard Heads) 5 ps,Irs 1.7 Corem Boat Great Day Enterprises (.Raymond Terry) 5 ps,Irs 1.7 Corem Boat Flyin' Fish (David Geller) i6 ps,Irs 2.0 L;omm Boat John Fruin (Gulf Coast Yacht Sales and Charters '6 ps,Irs 2.0 Corem Boat No Name (Tom Johnson) Private Vessel Halfway There (Tom Johnson) Private Vessel Mc2 (Tom Johnson) Frivate Vessel Knot Impressed (Gre~l Knuth) Private Vessel Solutions (Dick Sullivan) Pri~te Vessel Alvin Malnik (Water Scooter/ietski) Frivate Vessei Bill Sadler Pri~ate Vessei Horizon (Kathy Bottchem) Private Vessel Raymond Terry P ri!r_~te Vessei Total Required Parkin~i for uses as of 11/25/03 226.7 117.3 Required Parkin.q Summary by Use: 121 ables 19.2 118 Restaurant 118 29 Mad ~a 29 65 Boats 65 15 R:el:ail 1,5 227 246.2 les,, ve,,,ted 117.3 spa ~es required 128.9 Two Georges' Parking status following acceptance of Second Number of Amended Mediation Agreement spaces Off site - SE 1st Ave (Permit 03-2163) 66 66 On Site - Casa Loma Blvd Designated Spaces 48 48 On Site - Parking Garage 35 3,5 Total available parking per Second Amended Mediation '149 149 req~ ~ire(I spaces 128.9 Shortage of required parking per listed uses 78 ove'age 20.'1 s:development~admlnistration morrespondence~O AExhibit H.fmpa changes · Exhibit _ Marina '--City Commission Mtg. - 12/2/03 The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, Florida 33145 Tel. (305) 460-9900, Fax (305) 460-9911 December 1, 2003 l~ia Courier Mr. Kurt Bressner City Manager City of Boynton Beach 100 East Boynton Beach Boulevard P. O. Box 310 Boynton Beach, FL 33425 Re: Sale of Marina Boat Slips Dear Kurt: Enclosed please find an original letter signed by Roberto Rocha (The Related Group of Florida) for Sale of Marina Boat Slips in the Marina Village at Boynton Beach Marina Condominium (the "Marina Condo"). Please call if there are any questions. Sincerely, Carlos Rosso Project Director RECEIVED DEC - 1 2003 CITY MANAGER'S OFFICE I00 E BOYNTON BEACH BLVD B©YNTON BF_.ACH (561) 742-6060 I~A~· (56~) 749~6090 e-mail: prainifoj~ciJ~oqnfon~]~tchJ~.us www.boynton-beach.org CERTIFICATION I, 3ANET M. PRAINITO, CMC, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached letter dated December :L, 2003 from Roberto S. Rocha, Executive Vice President of The Related Group to Mr. Kurt Bressner, City Manager, regarding the "Sale of Marina Boat Slips in the Marina Village at Boynton Beach Marina Condominium (the "Marina Condo")" is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, dated this 18th day of December 2003. PRAINITO, CMC CITY CLERK (SEAL) rtification of the Marina Condo Agreement for Boat Slips - 12-18-03- .1P - sailfish.doc America's Gateway to the Gulfstream The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami, Florida 33145 Tel. (305) 460-9900, Fax (305) 460-9911 December 1, 2003 Mr. Kurt Bressner City Manager City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: Sale of Marina Boat Slips in the Marina Village At Boynton Beach Marina Condominium (the "Marina Condo") Dear Mr. Bressner: This letter will confirm our agreement that upon (i) the adoption by the City of Boynton Beach (the "City") of the form of that certain Second Amended Mediation Agreement to be entered into by and amongst the City, Seller, DSS Properties, Ltd. (n/k/a DSS Properties, L.C.) and DSS Management, Inc., and (ii) the termination by the City of that certain Development Agreement by and between the City and Ocean Breeze Festival Park, Inc. dated July 1, 1997 and recorded in Official Records Book 10899, Page 1772 of the Public Records of Palm Beach County, Florida, as amended in by agreement recorded Official Records Book 10899, Page 1829, as further amended by agreement recorded in Official Records BoOk 11449, Page 152, as further amended by that certain Second Revised Development Agreement recorded in Official Records Book 11980, Page 492, and as further amended by that certain Third Revised Development Agreement recorded in Official Records Book 12802, Page 1013; TRG-Boynton Beach, Ltd., a Florida limited partnership ("Seller") will sell to the City two (2) marina boat slips in the Marina Condo as depicted in the sketch attached hereto as Exhibit "A" (the "Boat Slips"). The City and Seller agree that the Boat Slips shall be used by the City for Police, Marine Patrol and Fire Department vessels only. The purchase price for the Boat Slips shall be $2.00 ($1.00 per slip) payable at the closing as set forth in the Purchase Agreement (as hereinafter defined). Said closing shall occur on the date as set forth in the Purchase Agreement. The City and Seller acknowledge and agree that the Boat Slips are intended to be condominium units in the Marina Condo and, although this letter agreement is a binding commitment from Seller regarding the sale of the Boat Slips to the City in accordance with the terms of this letter agreement, once Seller obtains approval of the reconfiguration of the boat slips in the Marina Condo, the City and Seller will enter into Seller's standard form of purchase contract for the sale of marina boat slips under the Marina Condo (the "Purchase Contract"). The Purchase Contract shall contain the terms as provided in this letter agreement together with all standard terms and provisions required under applicable law for the sale of condominium units. I I_3 Mr. Kurt Bressner Novembe~%7~f~ ~2'/'10~' ~ Page 2 The City acknowledges and agrees that as an owner of the Boat Slips it shall be a member of the Marina Village at Boynton Beach Condominium Association, Inc. and the Marina Village at Boynton Beach Marina Condominium Association, Inc. (collectively, the "Associations") and shall pay its pro rata share of any association expenses, costs and maintenance fees required by these Associations. Prior to execution of the Purchase Contract, Seller agrees to provide the City with copies of all documents pertaining to the Associations in its possession, along with the most current information regarding assessments and any other costs to be incurred by the City. The City and Seller acknowledge and agree that the deed or other instrument of conveyance for the Boat Slips shall contain a restriction which will prohibit the City from conveying the Boat Slips to any third party. In addition, the deed will provide that if the City should elect to relinquish the Boat Slips or abandon the use thereof, title to the Boat Slips shall automatically revert back to Seller. In the event the general terms described above are acceptable to the City, please acknowledge the same by having the appropriate authorized party execute a counterpart copy of this letter where indicated below and return the executed letter of intent to our attention. Upon receipt of a fully executed letter of intent, we will have our counsel prepare the Purchase Contract. Sincerely, TRG-Boynto Beach, L_3d~, Florida limited partnership By: TRG-Bo ,~~s_~~neral parmer~'~J Name: ROBERTO S. ROCHA Title: EXECUTIVE ViCE PRESIDENT AGR_EED and ACCEPTED this~ day of'-"~e~..~..o~ ., 2003 The City__da By: _ Name: Title: }(URT BRESSNER CIT~ MANAGER BOYNTON BEACH, FL EXHIBIT 2 boat slips for City of Boynton Beach .... ~--:" ? · ~ ii ..................... 5~-~*~ca~sr~z ......, ,~:__:._._ --_ City Commission Mtg. - 12/2/03 DANTO BUILDERS INC CONSTRUCTION MANAGEMENT GROUP ORANGE SUN BUILDING AND DEVELOPMENT, LLC CGCO~ ! 607 17 ! 0 WOOl. BRIGHT RD BOYNTON BCH. FL 33426 PHONE: 56 ! 732-3677 FAX: 561 732-3630 E~AI~ ' CSDANTO@AOL.COM December 1, 2003 City Commission, City Hall 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33435 Re: First Southern Bank Phase II Sign Variance Request Your Honorable Commission' On Tuesday, November 25, 2003, the Planning and Development board unanimously approved the request for a sign located at the west entrance to Phase II. A copy of the motion is, included with this correspondence. Fire Lieutenant Michael Fitzpatrick's comment was significant, since he recalled a death accident that occurred in proximity to the proposed sign location. Also included is a eight page copy from the Boynton Beach Police Department, on the traffic accidents, that occurred in the area between Congress, east to 1-95. We humbly request that your Commission unanimously approve our request for this sign variance, so we may erect the new sign as soon as possible. S~(~ Chuck Danto, Agent For: Hews Woolbright, LLC CC: Hews Woolbright, LLC 12/01/2003 0B:39 ~090 CITY:O_ERK P~E 02/B2 Motion for Flrat Southern Bank Pha~e II (ZNXC 03-021) Attorney Tolce$ stated that in the motion the maker should make the specific findings that are required under the Land Development Regulations with respect to variances. ,,Mp, tion Mr. Casaine moved that the request for a variance be approved with some modifications. That there be a second sign, however, at the mosl crucial entrance and that entrance bear the larger sign, i.e. the western entrance. The other entrance would bear the smaller sign and that these signs would have to be in compliance with the sign' regulations of the City. Mr. Rumpf Inquired if Mr. Casaine was referring to the sign area and square footage and Mr. Casaine stated yes. Mr. McMahon seconded the motion. Mr. Friedland requested that the maker of the motion amend it to state that the second sign on the east need not match the first sign and could be a smaller sign. Attorney Tolces staled that because the Board is granting a vadance it needs to be particularly specific with respect to what the Board is granting because staff does not have the leeway to make their own interpretation with respect to variances. Mr. Friedland withdrew his amendment. Mr. Fitzpatrick felt that the "S" curve in Woolbright Road was blocking the view and the hedge being the special condition caused the variance. _Vote Motion carried 7-0. Chairman Wische informed the applicant that he would have to get together with staff to work out the second sign before the Commission meeting. Mr. Danto agreed to meet with staff in order to comply with the variance approval. S:\CC~WP\MINUTES\PDB\~ Excerpt First Southern Bank.doc BOYNTON BEACH POLICE DEPARTMENT 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 561-742-6100 Fax: 561-742-6185 FAX TRANSMISSION COVER SHEET Date: 11/21/2003 To: Charles Danto Fax: 561.732-3630 Re: Traffic A~ on W. WocNbrigftt Rd Sen~r:. Doug Solomon YOU SHOULD RECEIVE 10 PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES. PLEASE CALL 561.742.6171. Mr. Danto, Attaohed ere all the accidente we have in Ihe aygtem ~ January 01, 2000. I have put them in a Word Document format to make it easier to mad. When looking al ~ls report, use the following key for Accidmff Type. ACCIDENT SHORT = Minor Accident, Minor Damage. No Injuries ACC HIT & RUN -, Aooide~t ~ Victim Only, No Sulpec! Vehicle ACCIDENT INJURIES = ~ Relulting in Injurlel ACCIDENT LONG FORM = Acolclent w/Injuriee, Signilicant Property Damage ACCIDENT INJ/DUI = Aocident w/Injuries, Ak;~'-,ol Retatea By state taw, we are only required to keep accident rm30rcb for 180 days. but we typically keep them for 3 years due to request~ from the If you need anything prk~ to Janumy 1, 2000, please oontaot the Palm Beach County Traffic Office at 561-475-5742. P13 ~'J~d '[I~GcJZ;P/. cJ 1;: 1;'1; Lg 3L'~d Tt~Scj~pL cj~ :~! Exhibit - 1st Southern Bank m City Commission Mtg. - 12/2/03 DANTO BUILDERS INC CONSTRUCTION IV~ANAGEMENT ~-~ROUP ORANGE SUN BUILDING AND DEVELOPMENT, LLC CGC06 ! 607 1710 WOOLBRIGHT RD BOYNTON BCH. FL 33426 PHONE: 56 ! 732-3677 FA.x: 561 732-3630 E-M~.: CS=^NTO@^O~.CO~ November 20, 2003 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33425-03 l0 Michael W. Rumps, Director Planning and Zoning Division Re: First Southern Bank, Phase II ZNCV 03-021 Signage Variance Request Per code variance application Dear Sir: In response to paragraph 5. A-F, thc attached field photos, with imposed explanations, clearly describes the reasons for the requested signage variance. There DOES exist special conditions and circumstances, not resulting from actions of Hews Woolbright, LLC. An approval by your board, under the existing conditions would not result in a special privilege since the circumstances are unique to the subject property. The literal interpretation of the ordinance would work unnecessary and undue hardship on the applicant. The variance request is the minimum variance that will make possible the reasonable use of the land. Approval of the requested variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Chuck Danto, Agent For;, Hews Woolbright, LLC CC: Hews Woolbright, LLC/Levy Realty Advisor Inc. t Boynton Leisureville Community Association 1807 S.W. 18i Street Boynton Beach, Florida, 33426 (561) 732-2307 To: Hews Woolbright, LLC/Levy Realty Advisors, Inc. C/O Danto Builders, Inc./OSBD, LLC Re: First Southern Bank and Office Complex Phase I "Boynton West Professional Centre" Pylon sign at West Entrance to Phase II Gentlemen, First, allow us to express our sincere thanks for providing the funds to power wash our roofs that may have been soiled as the result of construction in Phase I and Phase II. Also the pointing up and painting of our mutual block dividing wall, the beautiful hedge you planted for some 420 +/- lineal feet on our side of the dividing wall, and of course the many additional tree plantings around your dumpster and - dividing wall, to generally beautify our entire immediate common areas. For this we are most appreciative. However, our primary concern which is of the most importance, is the 18 +/- Pylon sign, which should be erected at the west entrance to Phase II, denoting" 1800". We realize that the cost of the additional signage may be more c~stly than alternative signage. (please refer to our correspondence dated August 4, 2003, which is attached.) After extensive considerations, "PLEASE", install the same Pylon signage as you now have at Phase I denoting "1700". Literally, hundreds of accidents, including several deaths have occurred on Woolbright between I95 and Congress Ave. The height of the Pylon, which allows you to see under the printed signage affords vis~ility from all directions and should help to alleviate many accidents. Thanks Again{! Very Truly Yours, Laison Officer-Boynton LeisureviIle Board of Dire~ors August 4th, 2003 To: C. Danto, Danto I~uilders K. Halioran, City of Boynton Beach From: Harry S. Tuthill - Laison Officer - Boynton LeisureviHe Community Assn. Subject: Safety Issues relative to Woolbright Road and S.W. lSth Street In relation to our discussions at the Boynton LeisureviHe Community Association workshop meeting held on Monday, August 4th, 2003; Subject: "Impact of the newly constructed Boynton West Professional Center:." We, of the Boynton Leisureville Community Association, feel it is imperative to remind all concerned that Woolbright Road, in the proximity of S.W. 18th St., is the third most traveled county road within Palm Beach County. (recent Palm Beach Co. traffic studies) The thirty three hundred Leisureville households, anticipate heavy usage of this Professional center by our primarily senior population, as well as many others within the Boynton Beach community. We ask, in the interest of safety, that you identi~ each of the two entrances to this Professional complex with large, suitable, clearly defined signs. In addition, we ask that you recommend to Palm Beach County/construction of an "Indent Lane" to permit traffic to flow smoothly, while vehicles are decelerating to turn into this facility. One only has to look at the abysmal traffic safety record involving Woolbright Road and the S.W. 18th St. area to realize measures need to be taken to reduce the high level of injuries and deaths that have occurred in the past. I would remind you of the tragic, early evening ~ccident of April 7th, 1992, where four of our Leisureville women were killed instantly adjacent to this location. Unfortunately, the carnage continues, resulting in loss of limbs, life and property damage. We wish to thank Danto Builders and the C~it)~ of Boynton Beach for assisting us in reaching our ultimate ~oal. which is minimizin~ the imoact ofheaw traffic and increasing safety in the areas bordering our community. Again, we wish to thank Danto builders for consulting with us in the landscaping of the perimeter areas of ~ur common border and the excellent post construction clean up of their site. We commend them in their efforts to be good neighbors. Our thanks to Kevin Halloran, City Engineering Department, for his invaluable aid and counsel during this and other projects impacting our community. Very Truly yours, Harry S. Tuthill Laison Officer- Boynton Leisureville Board of Directors cc: Sylvia Huhman - President - BLC~A Fir So Su hern Bank Ets! Boca 8oci RM~ FL (561) 361-34~ Au~ 4, 2~3 ~WS W~LB~O~, LLC ~ ~ 17~ W~lbfi~t R~ ~ 8,~ ~t ~:e Boron ~ch, FL 33426 (56t) N~ ~lm B~ FL ~3~ ~, .~,~ ~e ~ w~ld l~e ~ r~ th~ a ~l~ ~ ~ mo~ ~ ~e west m~ce of 18~ W~l~t ~ad, Pha~ 2. ~ ~ sh~d ~no~ "18~" t~,~ ~d ~ s~l~ ~ ~ exi~ "17~' pyl~ si~ on ~o ~ ~ of Ph~e 1. t~, ~,t ,~ We r~c~ ~ ~s si~ ~ ~1~ ~ a ~ to ~ ~e ~affic b.~rd (.4~ ~.so ~ ~11 ~ at ~c "1700" ~ if~ "18~" si~ is not mo~t~. c~ ~ ~.o u~ ~ ~ you in ~v~ for yom consid~fion. Coral ~. ~L 3~7~ ~ t~ S~ely, -~c~ (e.) ~s,zz S~/C~~ B~ng Cash Manafement · Personal Banking" Lines of Credit · Residential Morttage Lendin~ ,, Customized Lending DANTO BUILDERS INC CONSTRUCTION MANAGEMENT GROUP ORANGE SUN E~UILDING AND DEVELOPMENT, LLC CGC061607 ! 710 WOOLBRIGHT RD BOYN'TON BCH. FL 33426 PHONE: 56! 732-3677 FAX: 561 732-3630 E-MAIL: CSDANTO@AOL. COM September 17,2003 City of Boynton Beach Planning & Zoning.Division Re: Code Variance Application Phase H, First Southern Bank Attention: Michael W Rumpf~ Director Planning and Zoning Division Dear Sir, Please review the attached documents and correspondence. Basically, this formal request for an additional pylon sign at the second entrance to Phase II is the traffic hazard considerations: 1. West bound traffic must make a U-Turn on 18t~ street' 2. East bound traffic will pass west entrance, stop at east entrance before realizing they have past the entrance their looking for. If at all possible, please schedule this request to be mewed at the October 28, 2003 Planning and Development board meeting. Thank you for your favorable considerations with this matter. Charles Danto, Agem for Hews Woolbright, LLC 1 in. = 264.7 feet Title Line 1 ¢