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Minutes 01-06-04 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, 3ANUARY 6, 2004 AT 6:30 Present Jerry Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor James Cherof, City Attorney Bob Ensler, Commissioner Janet Prainito, City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Commissioner McCray C. Pledge of Allegiance to the Flag led by Mayor Taylor Mayor Taylor called the meeting to order at 6:30 p.m. Commissioner McCray offered the invocation, followed by the Pledge of Allegiance to the Flag led by Mayor Taylor. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. Commissioner McCray seconded the motion that carried unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ensler reported that City staff recently saved the City more than $1M on a water project. He complimented Assistant City Manager Dale Sugerman and City Manager Bressner for the work they did on this project. Mayor Taylor said that the Commission receives weekly letters praising the Fire Department. He wanted the citizens to know that the Commission receives these letters, which makes them very proud. Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florida 3anuarv 6, 2Q(~A III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS~ & PRESENTATIONS: A. Announcements: None B. Community and Special Events: 1. Oceanfront Concert - January 9, 2004 (Gold Coast Band) Wayne Segal, Director of Media & Public Affairs, invited everyone to the concert at Oceanfront Park. He announced that the concert would be held on January 16t~ and not on ]anuary 9th as published in the agenda. C. Presentations: 1. Proclamations: None 2. Present awards to winners of the 4th Annual Holiday Decorating with Lights Contest Wayne Segal, Director of Media & Public Affairs, and Mayor Taylor presented the following awards: 3"d Place - Business Category The Dolphin Restaurant and Lounge 2nd Place - Business Category Hudson Realty of the Palm Beach, :[nc. 1st Place - Business Category Historic Andrews House Community Association - 1st Place Colonial Club Condominium Assoc. Section 2 Honorable Mention - Homes Category Patricia Washington 3rd Place - Homes Category Lisa Ports 2°~ Place - Homes Category Trento Abbruciati 1~ Place - Homes Category Mark & Susan Scozzafava Mayor Taylor thanked the businesses, homeowners and community associations for the decorations. They made the holidays brighter for everyone. 3. Heart Walk Presentation City Manager Bressner announced that the City of Boynton Beach Heart Walk Team, which is made up of City employees, was the number one team in the Palm Beach and Treasure Coast Heartwalk. The team raised $39,908 for the American Heart Association. These dollars are used for research to prevent and provide cure for both stroke and heart disease. City Manager Bressner recognized the following: 2 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Florid~l .lanuarv 6. 2Q~~. Tndividuals & Teams Amount Raised Terry Corcoran, Police Department $7,221 Marshall Gage, Police Department $4,130 Police Department Roadrunners $8,935 Boynton Police Heartthrobs $7,221 Fire Rescue $5,964 Glenda Hall/Parks Team $3,,189 Code Compliance $3,364 City Manager Bressner asked 3oyce Costello, Administrative Assistant to the City Manager, to come to the podium. He said that she was the liaison and the brains behind this project. Ms. Costello presented the check for $39,908 to Pepper Adair from the Heart Association. Ms. Adair thanked the City for their continued effort and commitment. She saluted the City employees. ZV. PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE LZMTrED TO 3-MZNUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Brian Edwards, 629 NE gth Avenue, on behalf of his family, thanked everyone for their prayers and support for his grandson .]ake's well being after a Christmas Day pool accident. He thanked God for his full recovery. He wanted to publicly thank some of those from the City who responded. He said that the first hero was George Goatley, a neighbor who administered CPR. He also thanked Boynton Beach Police Officer Mike Kelly, Police Sergeant 3ohn Peters and Boynton Beach Fire Rescue and Paramedics Randy .]ute, Mike BeSosa, Letosha Clemons, Norm Munnilul, Tom Foltz, Dareck Hernandez, Phil Mohorn and Mike Senseman. Mr. Edwards was also very grateful to have Bethesda Memorial Hospital with its Pediatrics Tntensive Care Unit in the City. A copy of a letter of appreciation from Mr. Edwards is on file in the Office of the City Clerk. Henrietta Solomon, 230 NE 26th Avenue, commented that her neighbor who winters in Boynton Beach said that he must go to Delray Beach for activities because there is nothing to do in Boynton Beach. She was discouraged that the Motorola property is being used solely for townhouses. Dom Desiderio, 2755 $. Federal Highway, is a member of the BBA and one of the plaintiffs in the fire assessment suit against the City. He said that they are not against a fire assessment. They are against an unfair fire assessment. He felt that this Commission is not responsible for the unfairness of the assessment; however, they are responsible to correct it. 3 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp January 6, 20~~. The first issue that he has with the fire assessment is that a home valued at $250,000 pays the same assessment as a home that is valued at $50,000. The second concern is that a 331,480 square foot building that may contain hazardous materials pays less than one cent per square foot; yet, a building that houses our greatest generation is assessed at 24 cents a square foot. The third issue he spoke about concerned the Fire Activity Report for 2000. There were 9,673 calls and 60 actual fire calls. The City does not have an EMS budget. They use the term integrated. The Florida Supreme Court says that fire assessment money cannot be used for EMS. Hanny Edwards purchased a vacant parcel of property on S. Federal Highway and is attempting to build a medical office building on it. He submitted a site plan that is on file in the Office of the City Clerk. He thanked City Manager Bressner, Vice Mayor Ferguson, City Attorney Cherof, Mike Rumpf and the Planning & Zoning staff for working with him over the past three months. He explained that there is currently a billboard on the property and the lease does not expire until May 2006. The billboard company refuses to remove it. He requested assistance from the Commission in finding a solution regarding the billboard. Herb Suss, Quail Run, spoke regarding an accident in one of the homes in his development. He said that fire rescue and police were there within minutes. They were caring and very professional. He said that he lives in a great City. He was very proud of the City Commissioners at the Capital Improvement Workshop. V. ADMZNTSTRA'F~'VE: A. Appointments to be made: Appointment Length of Term To Be Made 8oard Expiration Dar,: ! Ensler Advisory Bd on Children & Youth Alt i yr term to 4/04 Tabled (3) II McCray Advisory Bd on Children & Youth Stu/NonVoting 1 yr term to 4/04 Tabled (3) III Ferguson Advisory Bd on Children & Youth Stu/Voting i yr term to 4/04 III Ferguson Community Redevelopment Agency Reg 4 yr term to 1/08 II McCray Community Relations Board Reg 3 yr term to 4/06 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 III Ferguson Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (3) II McCray Planning & Development Board Alt i yr term to 4/04 Commissioner McCray appointed Brian H. Miller as a Regular Member of the Community Relations Board. 4 Meeting Minutes Regular City Commission Meeting Bovnton BePch, FIQrid~ 3anuarv 6, 2QQ~ Commissioner McCray appointed Anne Centi as an Alternate Member of the Planning & Development Board. Vice Mayor Ferguson thanked Michelle Hoyland for her work as a pioneer on the CRA. Her term expires on January 10t~. He thought that she did a remarkable job and he would have no problem in reappointing her. However, the consensus seems to be that an architect is needed on the Board. Therefore, he appointed James Barretta as a Regular Member of the Community Redevelopment Agency. All other appointments were tabled. Commissioner Ensler requested that Anne Centi's appointment be pulled for discussion. Ms. Centi just received a letter from the City indicating that she had four absences on the Board she was serving on and her membership was terminated. He wondered why she would be rewarded by being appointed to a quasi-judicial board. His second concern was that the ordinance speaks of technical backgrounds and Ms. Centi has none of those qualifications. Commissioner McCray said that this was not a reward and he would maintain his original appointment. Motion Vice Mayor Ferguson moved to approve the appointments. Commissioner McCray seconded the motion that carried 4 to 1 with Commissioner Ensler dissenting. Vice Mayor Ferguson requested a voice vote on the CRA appointment. Commissioner Ensler preferred to have voted on that appointment individually to show that he supported the other appointments. Mayor Taylor explained that since the Commission had already voted on all appointments, the record should show that Commissioner Ensler would approve of all appointments except the one he objected to. VT. 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. Agenda Preview Conference of December 12, 2003 2. Regular City Commission Meeting of December 16, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-200,~ Adopted Budget Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp 3anuarv 6, 20C?. 1. Approve piggyback of Village of Tequesta Bid for Water Meter Replacement Program with Line-Tec to complete the replacement of water meters with touch read meters with an estimated expenditure of $200,000 over 2 years 2. Approve the installation of two 110 hp pumps at Master Lift Station 356 by W..lackson and Sons Construction Company, utilizing Broward County Bid #P Y 02 275 BZ, Emergency installation/repair services water/sewer systems in the amount of $36,548 (Proposed Resolution No. R04- oo].) 3. Approve piggyback of the Miami-Dade County, Bid #6819-2/06 to Ellis K. Phelps & Company for the purchase of submersible pumps at an estimated annual expenditure of $150,000 C. Resolutions: 1. Proposed Resolution No. R04-002 Re: Agreement for Water Service Outside the City Limits with Terence C. Rowe and Diena M. Neville for the property at 1093 Florence Road, Lantana, Florida (Lots 48 and 49, Hypoluxo Ridge) 2. Proposed Resolution No. R04-003 Re: Agreement for Water Service Outside the City Limits with Garrett M. Bender for a 4.84-acre parcel of land located along Barwick Road 3. Proposed Resolution No. R04-004 Re: Agreement for Water Service Outside the City Limits with Mitch and Ted Gevinson for a 3.16- acre parcel of land located along Barwick Road 4. Proposed Resolution No. R04-005 Re: Tnterlocal Agreement for Municipal Recycling between the Solid Waste Authority and the City of Boynton Beach 5. Proposed Resolution No. R04-006 Re: Agreement for Water Service Outside the City Limits with Carlos Valencia for the property at 1200 Ridge Road, Lantana, Florida (Lots 128 and 129, Ridge Grove) 6. Proposed Resolution No. R04-007 Re: Release of Unity of 'lqtle for Southern Homes of Palm Beach ]~T]:, LLC. (Murano Bay) D. Ratification of Planning & Development Board Action: 1. Clear Copy (ZNCV 03-027)~ 660 West Boynton Beach Boulevard - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d. (~9) to allow 13 Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, FIQridp 3anuarv 6, 200: parking spaces in lieu of the 19 required by code, a variance of 6 spaces for a medical office use in a C-2 zoning district Vice Mayor Ferguson requested that item D.1 be pulled from the Consent Agenda. 2. Olen Industrial (NWSP 03-018) - (~uantum Park Lot 50A, 4875 Park Ridge Road -- Request for new site plan approval for a 17,726 square foot warehouse on a 1.41-acre parcel in The Quantum Park PTD 3. Olen Office (NWSP 03-019) - (~uantum Park Lots 21 and 21B, 1425 Gateway Boulevard - Request for new site plan approval for a 28,266 square foot office building on a 2.13-acre parcel in The Quantum Park PTD 4. Venetian Villas (NWSP 03-021), South side of Southwest 23r" Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in a R-3 zoning district Vice Mayor Ferguson requested that item D.4 be pulled from the Consent Agenda. 5. Krisp¥ Kreme (MSPM 03-012), 640 West Boynton Beach Boulevard - Request for Major Site Plan Modification approval for a 20-foot tall "pole sign" on a 1.04-acre parcel in a C-2 zoning district 6. Bethesda Memorial Hospital Parking Garage (MSPM 03-010), 2815 South Seacrest Boulevard - Request for Major Site Plan Modification approval for a 82,500 square foot parking structure on an existing surface parking lot in a Public Usage (PU) zoning district Vice Mayor Ferguson requested that item D.6 be pulled from the Consent Agenda. 7. Bethesda Memorial Hospital Parking Garage (HTEX 03-008), 2815 South Seacrest Boulevard - Request for a height exception of approximately 11 feet to allow elevator and stair towers associated with a proposed parking garage to extend above the 45-foot maximum height provision in the Public Usage (PU) zoning district 8. High Ridge Commerce Center ]:T (CDRV 03-005), City-wide - Request for amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8.A.l.d.(9) to include dance instruction as a permitted use in the M-1 zoning district E. Ratification of CRA Action: None Meeting Minutes Regular City Commission MeeUng Bovnton Beach, Floridp :lanuarv 6, 20e*. F. Approve transfer of $22,205 from the Contingency Account to the Development Department for the installation of Interactive Voice Response Software and Land Base System Software G. Support for expansion of the membership of the Palm Beach Metropolitan Planning Organization to include voting representatives for the Town of Greenacres, Village of Royal Palm Beach and Village of Wellington (Proposed Resolution No. R04-008) Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner McKoy seconded the motion that carried unanimously. D.1. Clear Copy (ZNCV 03-027), 660 West Boynton Beach Boulevard - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d. (19) to allow 13 parking spaces in lieu of the 19 required by code, a variance of 6 spaces for a medical office use in a C-2 zoning district City Attorney Cherof swore in those who would be testifying. He explained that the documents that are part of the Commission agenda package and which were considered at the Board level are part of the record of the proceeding. He requested that if there are other documents to be made part of the record, they should be identified during the presentation. He asked that anyone with special qualifications to testifi/ should identify those qualifications to the Commission. Mike Rumpf, Planning & Zoning Director, gave a brief overview of the item. He explained that this property was site planned and constructed years ago with the exact parking spaces needed for a copying business, which is equivalent to a retail use of 1 space to 300 square feet. The applicant is proposing to turn the property over to a different use. The proposed use requires a more intense parking ratio that the site does not accommodate. Tt may be difficult to modify the site to accommodate the minimum number of parking spaces that would be required. Staff recommends denial of the request based on the fact that there is not a hardship. Reasonable use of the property is not being kept from the property based upon the fact that there are other uses within the zoning district that can be accommodated under the current approved ratio of parking spaces. David Schmidt said that he was representing the potential purchaser of the property, Dr. Alexander, who currently has a practice in the City. He would like to remain in the City. Mr. Schmidt explained that the site constraints prohibit the doctor from meeting the Code requirements and that is the hardship. Staff noted that he might be able to put two additional parking spaces on the site if the dumpster was eliminated and a variance granted on the front portion of the property to remove some of the landscaping. Dr. Alexander is a chiropractor and has a unique practice. He provides his patients with transportation to his office. He is the only doctor in the practice, which limits the number of patients. 8 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Flgridp 3anuarv 6, 20eA Dr. Alexander said that he has been in the City for over two years. He is very active in the community and would like to remain in the City. He said that he provides free transportation for his patients and, therefore, parking would not be an issue. He works only by appointment so he could control the number of patients. Bob Feldman, owner of Clear Copy and the property in question, did not understand how the City lumps all doctors under one umbrella as far as the parking ratio. He said that Dr. Alexander can control the number of patients he sees whereas at his retail store, he could not control the number of people coming in. Commissioner McCray asked how many parking spaces were at Dr. Alexander's present practice. Dr. Alexander said there were 13 spaces, the same amount as being proposed at the new location. Commissioner McCray said that as a frequent traveler on Boynton Beach Boulevard, he has never seen a back up of traffic or overflow. He felt that requiring the same parking for chiropractors and surgeons is something that should be looked at. He thought that the Commission should take into consideration that Dr. Alexander will shuttle his patients and is in control of the scheduling. Vice Mayor Ferguson has known Mr. Feldman and his family for almost 15 years. Their business was formerly on Federal Highway and Woolbright Road. They built this new office on W. Boynton Beach Boulevard. He believes that Mr. Feldman will stay in Boynton Beach and his business will be located on N. Federal Highway. He felt that it was this type of small businessman that the City wants to attract and retain in the City. He believed that there was an economic hardship. Commissioner Ensler said that he has been to a chiropractor. He, too, finds a difference between the parking needs of a chiropractor and a medical doctor. He felt that a chiropractor's parking needs are less than a regular doctor. Mayor Taylor has also been to a chiropractor. He has been put in a room and waited minutes for treatment. There is walk-in traffic. He also knows Mr. Feldman and wants to keep his business and the doctor's business in the City. He felt that the problem is that the proposed use for this property is the wrong use. The City has these requirements for a good reason. They are requesting a variance of six parking spaces. He thought that the Planning & Development Board made the right decision on this issue. He believes that Mr. Feldman could sell his building to someone else with another use. He would not support this variance. City Attorney Cherof reminded the Commission that the variance procedure requires that the Commission find that there is a hardship. :In this case, hardship under Florida law means that the Commission must find that the denial of the variance would block the property owner from any use of the property, which is not the case here. The property is being currently used. The concerns expressed by the Commission tonight are more appropriately handled through modification of the current Code, either to lessen the requirement for this type of business or to alter the procedure for granting variances. Meeting Minutes Regular City Commission Meeting Bovnten Beach, Florid~ ,lanuarv 6, 20eA Mr. Rumpf acknowledged that the comment is valid that Dr. Alexander could control the parking needs. However, if the variance is granted for this use and subsequent uses of the property, a future use could be something more intense and the variance would be in place. City Manager Bressner thought that it would be very difficult to differentiate medical arts. Medical clinics do generate a greater volume of traffic due to the in and out and the waits that occur for people being treated. The parking multiplier for medical is higher than retail because these uses are more intense than conventional retail use. He felt that the Commission should be very careful. Mayor Taylor commented that they are talking about current clientele. In the future, Dr. Alexander may have more patients. Mayor Taylor had a concern regarding this variance and could not support the waiver. Commissioner McCray said that there were two other chiropractors on Boynton Beach Boulevard. He did not think they had 17 parking spaces. He believes that everyone should be treated equally. He felt that there was a hardship. Motion Vice Mayor Ferguson moved for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d (19) subject to reconfiguring the parking spaces to allow for 15 parking spaces in lieu of the 19 required by Code. Commissioner McCray seconded the motion that carried 3 to 2 with Mayor Taylor and Commissioner Ensler dissenting. D.4. Venetian Villas (NWSP 03-021), South side of Southwest 23rd Avenue (Golf Road), approximately 600 feet east of Congress Avenue - Request for new site plan approval for 50 fee-simple townhomes on a 4.69-acre parcel in a R-3 zoning district Motion Vice Mayor Ferguson moved to table item D.4. Commissioner McCray seconded the motion that carried unanimously. D.6. Bethesda Memorial Hospital Parking Garage (MSPM 03-010), 2815 South Seacrest Boulevard - Request for Major Site Plan Modification approval for a 82,500 square foot parking structure on an existing surface parking lot in a Public Usage (PU) zoning district City Attorney Cherof swore in those who would be testifying. He asked that those coming to the microphone identify themselves and state any special qualifications that they may have. The documents that are part of the Commission agenda package and which were generated at the Board meeting are part of the record of the proceeding. He requested that if there are other documents to be made part of the record, they should be identified during the presentation and a copy should be left with the Clerk. Kieran Kilday, Registered Landscape Architect and Land Planner, represented the applicant. He said that the parking garage would serve the parking needs of the hospital 10 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Flgridp January 6, 20(~~. through 2010. The applicant has agreed to almost 30 conditions. However, he wanted to clarify one condition on the record and request a change to another condition. Mr. Kilday explained that there is an existing buffer on the south side of the property consisting of 22-2zt' Live Oaks. They propose to add a series of palm trees. Condition #28, which was staff's recommendation, lists Royal Palms. Mr. Kilday requested that they be allowed to use Washingtonians since they are more common and can be obtained for about a third of the cost. They would provide the same effect. Condition #29 states that in response to surrounding residents' requests regarding line-of-sight issues that may result after City permits, the City Forester may require additional landscaping. He is not asking that this condition be deleted. Staff clarified that they are talking about landscape between the perimeter property lines to the east and west. The last sentence reads, "This shall be coordinated through the City Forester and such screening shall be installed to the satisfaction of the City Forester." That is acceptable to the applicant. However, he wanted to clarify, for the record, that the City Forester would have the final authority. Ed Breese, Principal Planner, confirmed that in Condition #29, it was staff's intent that the City Forester would be the arbiter at the end and that he would make the final decision on whether additional planting needed to go in or not. Commissioner Ensler asked why staff did not want Washingtonian Palms. Mr. Breese answered that they were looking for more elegant palms. Motion Vice Mayor Ferguson moved to approve with Washingtonian Palms. Commissioner McCray seconded the motion that carried unanimously. V]:T. CODE COMPLZANCE & LEGAL SETrLEMENTS: None V~TT. PUBLTC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS A. Project: Boynton Delray Academy (COUS 03-008) (TABLED BY COMMTSSTON - 1.2/].6/03) Agent: MarLy Madura Owner: Keith D. Kern Location: Northwest corner of Martin Luther King, Jr. Boulevard and Railroad Avenue Description: Request Conditional Use approval for a primary/secondary Charter School Mayor Taylor announced that item A must be left on the table. A gentleman from the audience said that he had wanted to comment on the Bethesda Memorial Hospital item. Mayor Taylor apologized for not recognizing him earlier. 11 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ January 6, 20t~~. Cecil Fultz, a resident of Westchester Heights for 30 years, was concerned that residents in the area did not receive information from the hospital. He did not believe the hospital was being a good neighbor. The residents should have had more opportunity to have a voice in the project. He said that he would be looking at a four-story high parking garage from his backyard. He would like to know what the hospital's future plans are. They might affect property values. A man in the audience concurred with Mr. Fultz. Commissioner Ensler inquired whether a height exception requires notification. Mike Rumpf, Planning & Zoning Director, replied that it did not. B. Project: Mixed Use Core Addition Land Use Amendment (LUAR 03-008) Agent: City of Boynton Beach Location: Area bounded by NE 4th Avenue on the north, NE 2nd Avenue on the south, the Tntracoastal Waterway on the east and the parcel fronting North Federal Highway on the west Description: Request to reclassify multiple properties totaling +15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay City Attorney Cherof swore in those who would be testifying. He said that the same rules regarding the records and special qualifications that he announced at the previous hearings apply in this case. Dick Hudson, Senior Planner, explained that all items under Public Hearing tonight are related to large-scale amendments to the Comprehensive Plan. They include land use amendments of parcels greater than 10 acres and any text amendments to the Comprehensive Plan. Following this hearing, they will be transmitted to the Department of Community Affairs for comments. Their report will come back within 60 days. City staff has an additional 60 days to address their comments. The City can then adopt these amendments as DCA has seen them, adopt the amendments with changes or not adopt the amendments. Adoption is scheduled for the month of May. Mr. Hudson first addressed Ttem B, the Mixed Use Core Addition Land Use Amendment. This follows a process that was begun in 3anuary 2001 when the City adopted some text amendments to enable some of the recommendations from the 20/20 Master Plan. One of those led to the Federal Highway Corridor Study and the two Mixed-Use land designations. Federal Highway is the line of the hurricane high hazard boundary. Since this property is east of Federal Highway, DCA did not want densities increased in that area to 80 units an acre. Some of this property has a conservation overlay on it. Therefore, overall, the density will be 40 units, with some individual properties allowed to develop at 80 units an acre. This was DCA's recommendation from the last land use amendment. Staff recommended approval. No one in the public wished to address this item. Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori~Ji~ 3anuarv 6, 20~~. Motign Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. C. Project: Bermuda Bay (ANEX 03-002) Agent: Michael.1. Covelli, Caulfield & Wheeler, Thc. Owner: National Land Company, Tnc. Location: East of T-95, north of Lake Tala Road and south of Diane Drive Description: Request to annex 17.12 acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes :[t was the consensus of the Commission to hear items C, D and E together but to vote on them individually. City Attorney Cherof swore in everyone who wished to testify. .left Liggio, 3835 S. Lake Drive, said that he and his family have lived across the lake from the proposed annexation since 1986. He felt that this plan was misleading and he and his neighbors have some problems with it. The site plan does not indicate where the houses will be built. He said that 50% of the property is under water. He said that the proposed density of .99 dwelling units per acre is not accurate unless they are built in the middle of Lake :[da. They are proposing to build a strip of 14 homes that are very near to 0 lot line homes. They are proposing the lots to be 80 feet wide on the lake and 165 feet deep. The density for the actual buildable land is 3.21 dwelling units per acre. The existing homes on the other side of the lake are approximately 1.56 dwelling units per acre. They object to the density and the misleading nature of it. Vice Mayor Ferguson felt that these objections should be heard at site plan review. Mr. Hudson said that the project would come in as a plat and not as a site plan. .lulio Rodriguez, 3855 5, Lake Drive, objected to the issue in its entirety. :[t has been misleading from the beginning. The information that was sent to the neighbors states that there will be 17 homes on 17 acres. No one would object to that. However, when looking at the plan at City Hall, the actual buildable land is only 5.2 acres. That would make the density 3.1. He requested that the Commission consider this item with the appropriate information. Mr. Hudson explained that the Comprehensive Plan allows a developer to calculate density based on submerged land that they own. The land use of the properties in the City adjacent to this project is Iow density residential, which is what the applicant is requesting. He also added that the zoning of the surrounding property is RI-AAB. That is what this developer is asking for. This zoning allows up to ,t.84 units per acre. The developer is actually coming in below that at 3.21 even with the five acres. He could utilize the entire property to calculate the density and put much more development on this site. 13 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ 2anuarv 6, 20~~. Commissioner Ensler said his only concern is that the two homes at the end of the property would be taken care of. Mr. Hudson said that they would have to be. The new access will be shifted to the west side of the property so that it will be parallel to :[-95 and there will be landscaping there. Hopefully, they can also get a sound barrier. City Nanager Bressner wanted to make it known that the City cannot warrant that a noise wall will be constructed. ]:t is dependent on what the Florida Department of Transportation wants to do. Commissioner Ensler asked whether the water behind the two homes is part of the site being annexed. Mr. Hudson said it was outside of the site. City Manager Bressner reported that a billboard was recently installed on the remaining portion of the property to the south. This property is not the subject of this petition for annexation. In the past, the City has been reluctant to annex properties that have that type of appurtenance on them. Mr. Hudson explained that he talked to the owner and the agent. They both told him that the billboard would be removed when they are ready to annex that property. Motion Vice Mayor Ferguson moved to approve. Commission McKoy seconded the motion that carried unanimously. D. Project: Bermuda Bay (LUAR O3-OO7) Agent: Michael ,1. Covelli, Caulfield & Wheeler, Inc. Owner: National Land Company, Inc. Location: East of ]:-95, north of Lake ]:da Road and south of Diane Drive Description: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 17.12 acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac) Motion Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. E. Project: Bermuda Bay (LUAR 03-007) Agent: Michael .]. Covelli, Caulfield & Wheeler, ]:nc. Owner: National Land Company, ]:nc. Location: East of :[-95, north of Lake ]:da Road and south of Diane Drive Description: Request to rezone 17.12 acres from CC--General Commercial, AR- Agricultural Residential, RS-Residential (Palm Beach County) to R1-AAB Single Family Residential 14 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp 3anuarv 6, 20(~A Motign Vice Mayor Ferguson moved to approve. Commissioner McCray seconded the motion that carried unanimously. F. Project: Anderson PUD (LUAR 03-006]) Agent: Julian Bryan & Associates, ]nc. Owner: D.R. Horton Homes Location: West side of Lawrence Road, approximately 1,500 feet south of Hypoluxo Road Description: Request to amend the Comprehensive Plan Future Land Use Map to reclassify 18.32 acres from Agriculture (A) to Low Density Residential (~,.8~, du/ac) Tt was the consensus of the Commission to hear items F and G together and to vote on them separately. City Attorney Cherof swore in everyone who wished to testifi/. Dick Hudson, Senior Planner, explained that this request is consistent with the annexation agreement for this property that was adopted in October 1994. The only difference is that they are requesting PUD zoning. The surrounding area has the same pattern of development. The developer is working on the site plan. Staff recommends approval. There was no one from the public who wished to speak. Motion Commissioner McCray moved to approve. Commissioner McKoy seconded the motion that carried unanimously. G. Project: Anderson PUD (LUAR 03-006) Agent: 3ulian Bryan & Associates, Inc. Owner: D.R. Horton Homes Location: West side of Lawrence Road, approximately 1,500 feet south of Hypoluxo Road Description: Request to rezone 18.32 acres from AG-Agriculture to PUD- Planned Unit Development (Proposed use is for 88 single-family detached residences) Motion Commissioner McCray moved to approve. Commissioner Ensler seconded the motion that carried unanimously. H. Project: Urban Central Business District (CPTA 04-001) Text Amendments to Comprehensive Plan Agent: City-Tnitiated Description: Request to amend the Comprehensive Plan to add i objective and 3 policies to the Future Land Use Element of the Comprehensive 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp 3anuarv 6, 200~ Plan, to add development thresholds applicable to the Urban Central District Dick Hudson, Senior Planner, explained that that if someone came in with a single development proposal for the downtown area, it could very quickly reach the threshold where it would be determined to be a Development of Regional Impact. Sometimes a DR1 and the process are good. A developer who is building a project that is multi-phased over a long period of time says what he ultimately plans to do at the build-out of the project. He is then locked in to the amount of traffic and sewer and water capacity that he is approved for. An example of this is Motorola. The DR1 process requires both State review and Treasure Coast Regional Planning review. The process can take several years for approval. Staff did not want this to happen in the downtown area. This is a simple process to increase the thresholds on projects. For example, if an office project is proposed over 300,000 square feet, it would become a DRT. With this process, it could go up to '~50,000 square feet before being classified as a DR[. This saves time and money for developers. This proposal puts an area on the map where these increased thresholds apply. The ordinance declaring the Urban Central Business District was adopted on second reading late last year. This is the next step, which is to put it in the Comprehensive Plan. No one from the public wished to speak. Motion Commissioner Ensler moved to approve. Commissioner McCray seconded the motion that carried unanimously. CTI'Y MANAGER'S REPORT: A. Report on Capital Tmprovement Workshop of December 19, 2003 City Manager Bressner requested that the City Commission review and approve a final capital projects list that was developed by the City Commission at their December 19, 2003 workshop. if the list is approved, his next request is to authorize staff to move forward with the issuance of an $8.6M bond, which would be funded by the public service tax. ]:t would not be added to the general property taxes. The projects that were considered were the projects that were originally considered as part of a bond referendum in November 2003 and projects that were non-referendum issues. When the referendum did not pass, the Commission requested that staff review the capital projects list and prepare a synopsis of the major capital projects that were being considered for construction. At the meeting on December 19~, the Commission selected a number of projects that they felt represented a cross-section of projects and activities that would provide additional cultural, educational and government business services. 16 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida January 6, 200,' He recapped the projects from the Commission's "A' list. They are: · :.Tntracoastal Park Clubhouse · :.Library Expansion · :.Old High School Renovation · :.Civic Center/City Hall Planning Study · :.Jaycee Park · :-Nautica Park · :.Senior Center Phase 3 (modified from a $1.9M project to $650,000 to work on inside of building) · :. Wilson Center Improvements, Wilson Center Park and Wilson Pool Upgrades City Manager Bressner reported that if the $300,000 component for the Old High School is used, the total would be $19.6N worth of projects. On the revenue side, he estimated that approximately $7.2M in grant funding could be achieved. This assumes a large portion for the Old High School. These grant funds would come in over a period of time from 2~t to 36 months. City Manager Bressner proposes to use all $5.6M in the capital improvement budget. Previously, that was held in reserve for some small projects. To counteract that, the City has a 5-year capital improvement program. He included $250,000 per year for small-scale building projects and $300,000 a year for small-scale parks. He commended the Commission for their hard work during the budget workshop. Commissioner McCray asked regarding the Barton Park restrooms, irrigation and sod, Galaxy Park restrooms and Hester Park pedestrian path. He said that they are budgeted for 2003-04 and wondered when they will be started. City Manager Bressner responded that they are programmed to go forward; however, he cannot give a specific time when they will begin. He will report back to him with this information. Commissioner Ensler noted that there were two versions of the workshop recap. Version #1 only provides $300,000 for the Old High School. Version #2 provides $4.2M. The $4.2M is based on grants and awards of $3.9M so the cost to the City is $300,000. It was his understanding that the Commission had authorized the full high school program of $4.2M at the Commission workshop. He recommended that they go forward with version #2 since it would allow the City to do all the planning and work necessary to renovate the high school. Commissioner Ensler complimented staff on the work that they did. The total cost is down approximately $600,000 and the grants are up $6.3M. Therefore, a lot of the money that was asked for as part of the GO bond now can be absorbed within the current structure, including grants. 17 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ January 6, 2Qt~ Vice Mayor Ferguson said that his understanding was that the Commission had agreed to spend only $300,000 on the Old High School. He felt that the total package of $19.6M-$21.2M uses too much of their $26M resources. He thought that this should be reduced. Mayor Taylor also understood that they had approved the $300,000 and would work with the CRA and other options with the idea that the City could fund it if that did not work out. City Manager Bressner said his reasoning for including two versions was that he heard two things at the workshop. He would not go beyond the initial phase until he had verification of outside funding. Mayor Taylor felt that the $300,000 should be approved. Hopefully, the CRA will assist with the funding. Commissioner McCray agreed. He asked whether all the studies have been completed on the Old High School renovations. City Manager Bressner said that they were not complete. Herb Suss said that there was a comment at the budget workshop regarding people from outside the City using the Senior Center. There was some conversation regarding charging these people a fee. He felt that a reasonable fee should be charged. City Manager Bressner reported that staff is discussing all fees. There should be a higher ratio of fees paid by non-residents. Mayor Taylor asked for a motion on either Option #1 ($300,000 and holding the remaining money in abeyance) or Option #2 (the entire package). Motion Commissioner McCray moved to approve Option #1 (Exhibit A-1 in the packet). Commissioner McKoy seconded the motion that carried 4 to 1 with Vice Mayor Ferguson dissenting. Motion Commissioner McCray moved to authorize staff to proceed with the issuance of $8.6M in public service tax bonds. Vice Mayor Ferguson seconded the motion that carried 4 to 1 with Vice Mayor Ferguson dissenting. Mayor Taylor thanked the City staff and City Manager Bressner for their outstanding work on the capital improvement budget. X. FUTURE AGENDA ZTEMS: A Strategic Planning Session (.~anuary 2004) B. Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (February 2004) 18 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ ~lanuarv 6, 20(~~. C. Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (May 2004) 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 (TBA) E, Workshop regarding City Hall/Public Safety Space Needs Report ('I-BA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XT. NEW BUSZNESS: None XZT. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No, 03-066 Re: Abandonment of a 15-foot wide alley within the Lake Addition to Boynton subdivision (Mangrove Walk Alley) City Attorney Cherof read Proposed Ordinance No. 03-066 by title only. There was no one from the public who wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-066. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. 2. Proposed Ordinance No. 03-067 Re: Designation of an official Municipal Seal City Attorney Cherof read Proposed Ordinance No. 03-067 by title only. There was no one from the public who wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 03-067. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. 19 MeeUng Minutes Regular City Commission Meeting Bovnton Beach, Florid~ January 6, 20~~. B. Ordinances - :L~t Reading 1. Proposed Ordinance No. 04-00:/ Re: Abandonment of a segment of a 5-foot east/west alley (right-of-way) extending west from Railroad Avenue (Boynton Delray Academy) City Attorney Cherof read Proposed Ordinance No. 04-001 by title only. Motion Commissioner McKov moved to approve Proposed Ordinance No. 04-001. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed unanimously. C. Resolutions: None D. Other: 1. City Attorney request for closed door: City of Boynton Beach, Petitioner, vs. Frank 3anots, et. al, Respondents Item D. 1 was addressed after the private meeting. 2. Private meeting to discuss: a. City of Boynton Beach vs. Barcelona Pre-Cast, Tnc. etc. - Case No. CA 02-13558 AN b. Vincent Molle & Alene Molle vs. City of Boynton Beach & FDOT - Case No. CA 01-07267 c. Boynton Beach Alliance and Desiderio Corporation, etc. vs. City of Boynton Beach - Case No. CA 02-01704 AN City Attorney Cherof announced that the City Commission would recess to a closed-door session not open to the public to privately discuss three pieces of litigation that are currently pending. He read the captions for the above three cases. Each case will take approximately 1/2 hour to discuss. The attendees in the closed-door session will be the City Commission, City Manager Bressner and City Attorney Cherof. At the conclusion of the closed-door session, the City Commission will reconvene the public meeting. The only items remaining on the agenda are Unfinished Business, and there is none, and adjournment. He recommended that the City Clerk be excused because she does not attend the closed-door sessions. He will ask the court reporter to report the conclusion of the regular meeting and provide that to the City Clerk. This was agreeable to the Commission. 20 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida January 6, 20(~-~ He also suggested that at the conclusion of the closed-door session, they continue the public meeting in the Conference Room. Any member of the public is welcome to come to the Conference Room to watch the Commission adjourn if they wish. The public meeting was recessed at 8:39 p.m. for the Commission to go into closed-door session, which began at 8:,t5 p.m. The Commission recessed the closed-door session and reconvened the regular Commission meeting at 10:00 p.m. D.1. City Attorney request for closed door: City of Boynton Beach, Petitioner, vs. Frank .lanots, et. al, Respondents City Attorney Cherof requested a closed-door session with the Commission to discuss the case of City of Boynton Beach, Petitioner, vs. Frank .lanots, et. al, Respondents. The Commission scheduled a closed-door session for January 20th at 6:00 p.m. XZZI. UNFTNTSHED BUSTNESS: None X~V. AD.1OURNMENT: There being no further business, the meeting properly adjourned. CITY OF BOYNTON BEACH Commissrbner .~ .:~ .~ Deputy City Clei:k 'Commis{i6~i~r;:~;~~ (1/9/04) ~ ( ~ 21 1 1 3 2 1 Boynton Beach versus Frank Janot.) 3 2 (Thereupon, at 10:00 p.m. the commission 4 CITY OF BO¥,:ON BE^CH 3 meeting was adjourned PRIVATE ATTORNEY/CLIENT SESSION ' 5 8 7 8 lo 9 11 lames Cheuof, Esquire 14 Jerry Taylor Mayor 13 Mike Ferg~son - Vice Mayor 15 Bob Ensler - Commissioner Mack McCray Commissioner 16 Carl McKoy - Commissioner 15 Kurt Bressner City Manager 17 16 17 19 January 6, 2004 18 100 East Boynton Beach Blvd. 20 Boynton Beach, Florida 19 8:45 10:OO p.m. 22 Reported by: 21 Donna L. Barshaw, Court Reporter 23 Notary Public, State of Florida 22 24 23 zs 24 25 2 1 CERTIFinATE 1 PROCEEDINGS 2 2 _ 3 3 MR. CHEROF: We're back in the regular ~ The s~ate or ~lorid~ 4 .commission meeting. I aotually skipped over one s C ....ty of Palm Beach 5 item which is of no interest to the public, I 6 don't think, but I'm required to ask for it in a 7 public meeting, and that is to set one more 8 I, Donna L. Harshaw, Court Reporter, certify 8 010sed-d00r session on one of these pond-taking that I was authorized to and did stenographically 9 .cases. So if we can work through the manager's :o reportthe foregoing p ..... dings and that the 10 office on your schedules, we'll do it either 11 transcript is a true record. 11 before or after one of the next commission 12 meetings. 13 13 MR. ENSLER: How 10ng is that going to 14 take? ~4 Dated this 16th day ef J ..... y, 2004. 15 MR. CHEROF: That one will 0nly take about :~ · 16 20 minutes. 17 MR. ENSLER: So 6:00 at the next meeting? ze . , .... t Reporter 18 MR. CHEROF: 6:00 at the ne::t commission :zo South Olive A ...... Suite 500 19 meeting, s~: ~8 20 lt~YOR TAYLOR: So we're in recess and 2! adjourned and we're back in the regular meeting. 2= ......... , Do~~ 22 Do I need a motion to adjourn? !:.l[~[~ 23 MR. FERGUSON: So moved. 2 .i~7 ~.~ 24 MR. McCOY: Second. e4 , .}~,~,,~ ~t~nfieB~x4~. 25 {The 6:00 meeting to discuss City of Mudrick Court Reporting, Inc. (561) 659-7333 __Exhibit - City Commission Mtg. January 6, 2004 January 6, 2004 Good Evening Mayor, Commissioners and City Staffl I would like to -- on behalf of my entire family - Thank You for the prayers, well wishes and calls showing support of my grandson Jake's well being after a Christmas Day pool accident. Realizing many families endure tragedy, it is not my intent to place ours above or below another families heartache in any way tonight. It was however, the worst nightmare my family has ever had to endure. And we thank God the outcome was a full recovery. My purpose for coming before you this evening is to simply take a moment for public record to not only thank God, but also thank some others that literally saved Jake's life. Even though my son-in-law and I initiated CPR immediately after pulling Jake from the water, we were absolutely hordfied and in shock. Because of our emotional state in trying to scream for assistance while desperately trying to revive Jake, we felt helpless as my grandson lie there blue and what appeared to be lifeless. What seemed like forever on one hand, but was truly just seconds as we later learned - a sedes of miracles began to take place. Even though, I don't have time to explain my rationale for calling these miracles - I would like to at least publicly thank some of those that responded to our cry for help. As I cloae with thanking th~o wonderful hoross, plea~ note that I clearly understand each of these people would do the ssmo thing for any family In need and most of them do everyday. That day due to a bazaar set of unfortunate and tragic circumstances, it was my family that cded for help. The first hero to show was George Goatley, a neighbor with the presence of mind to do proper CPR. We're not sure if Jake had a heart beat at this time, but we do know that he was expelling water thanks to the heroic efforts of George. The next hero to show was Boynton Beach Police Officer Mike Kelly who immediately took control of getting Jake from the pool area to the front yard where already other police officers and Boynton Beach Fire Rescue and Paramedics were set up. - Boynton Beach Fire Rescue and Paramedics were seemingly everywhere in an effort to save Jake. Randy Jute Mike BeSosa Letosha Clemens Norm Munnilul Tom Foltz Darsck Hemandez Phil Mohom Mike Sandeman This team of heroes was another cdtical step in saving Jakes life. The Doctors and Nurses gave praise repeatedly to the Fire and Paramedics for the full recovery of Jake. Boynton Beach Police Officer Sergeant John Petem was extremely professional with controlling the situation and helping to calm the family and maintain some type of order. I served with Sergeant Peters in the Madne Corps many years ago and I understood he was trying to be helpful, while at the same time he had to do his job and ensure the scene was clear for a follow-up investigation and try to establish what happened as best he could. Each of us appreciated his understanding of our emotional state. I don't have enough time to mention all the Doctors and Nurses and staff at Bethesda Hospital that also played a major role in continuing the life saving steps for helping Jake not only survive, but helped in bring him to a full recovery. I will say this, thank God that we have Bethesda and thank God they have the Pediatrics Intensive Care Unit with the professional staff that they do. So many in our community pulled together for my family, as we do for others in need, but again, this wasn't someone else. This was us and I'm not sure that there is words that prepare someone to say thank you enough or the right way. Thank God for great neighbors, for the Boynton Beach Police Officers and their training, the Boynton Beach Fire Rescue and Paramedics, a wonderful hospital in Bethesda. In closing, please allow me to simply say that Jacob I~ doing wonderful. Thanks to all those I've mentioned and many more I haven't been able to mention by name as well as a series of miracles and blessing from God ~ we have him back. In just a few moments in time our lives were turned upside down and even though our focus is on the positive outcome and the blessing of a full recovery, we will never forget those who played a role in helping to save Jake's life. Thank you so much and we give thanks to God. In the comin.q weeks, the family will be putting together a family day party and we will ,obviously be invitin.q anyone that wants to come, especially those mentioned above. Hopefully, I'll be able to secure the Intracoastal Park Pavilion. We'll keep you posted. Our family knows that each of these hemes would have and will do the same things they did for Jake - for any family in need. We believe we are blessed to have them in our City and our hospital. And even though we also realize tragedies don't always end with the blessing bestowed on little Jake and our family, we are so very grateful for what our City has to offer in the way of help when a family needs it. We never thought that we would need help like this, but we did! Thank you and God bless, Brian Edwards on behalf of Jacob King's family Special recognition to: Bethesda Hospital Dr. Pena (In the ER) Dr. Dallesslo (In the ER and PICU) Dr. Venu (In PlCU) Dr. Wong (In PlCU) Dell~arie Butler (Clinical Manager, PICU) and Nicoie Reid. These RN's were the epitome of what any nurse should be and I could never say thank you enough. So many more were dght there - Laura, RN; Danetts, RN; Charmaine, David, Rudy and Peggy (Respiratory.) Leslie, Fradrick, Jennifer, Annie (Peds.) Everyone was true to their profession and God bless them and their talents in saving lives. Thank you Bethesda - thank you so much... Firat United Methodist Church Pastor Bob Hahn - God bless you Bob and Carol and all our church family for their efforts in starting a prayer chain that wound up including family, friends and neighbors from Boynton Beach, vadous states in the United States, Canada, England, Ireland and South ^medca. Thank you, Brian Edwards 629 NE 9TM Ave, Boynton Beach, FL 33435 (561) 732-2;'39 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~V' PROJECT NAME' Clear Copy APPLICANT'S AGENT: Laura Segura - Blue Chip Lending Services APPLICANT'S ADDRESS: 114-116 E. Ocean Avenue Lantana, FL 33462 L.l'~... DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, H. 16. d. (19), to allow thirteen (13) parking spaces in lieu of the nineteen (19) required by code, a variance of six (6) spaces for a medical office use in a C-2 zoning district. LOCATION OF PROPERTY: 660 W. Boynton Beach Blvd. DRAWING(S): SEE EXHIBIT "B" A'I-FACHED 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 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 pro~all the be made in accordance with the terms and conditions of this order. 7. Other DATED: I--~-0'~1l ~~k~l~Lf. I ~ S:~C'Ianning\SHARED\WP\PROJECTS\CLEAR COPY~ZNC0:~ty Clerk 1 in. = 200.0 feet Cl 2 R~YNTt")N :RI=A~ H RlVl3 7OO C¸2 Location Map CLEAR COPY EXHIBIT "A" EXHIBIT "D" Conditions of Approval Project name: Clear Copy File number: ZNCV 03'027 Refe, vm~. 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. The applicant shall be required to provide two (2) additional parking X spaces for a total of 15 on-site parking spaces. S:LPlanning\SHARED\WPLPROJECTS\CLEAR COPYXZNCV 03-027~COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME' Olen Industrial-~W,SP 0~-OI B~j.- 'P ~, ,Z.. APPLICANT'S AGENT: Steven Fike - Olen Properties F__~Q APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: New Site Plan approval for a ...... LOCATION OF PROPERTY: 4875 Park Ridge 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. 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: I -- 8:\Planning\SHARED\WP~PROJEOTS\Quantum Lot 1 in. = 484.5 feet HIGH. RIDG PID OLEN INDUSTRIAL BUILDING EXHIBIT "A" ' I Om >~ © , EXHIBIT "B" m Ill ~[[ [[[![ IAi INDUSTRIAL BLDO .,,. ~ ~ I ~ : /'~:"- QUA~UM CORPO~TE PARK ~~ ~.8 dll ' : ' INDUSTRIAL BLDG ,t':', [~. ,O*.TO, B~CH. FLORIDA I Itli! ~ .... EXHIBIT "B" ' ' EXHIBIT "B" / ] ' LOT SO-^ / 'i" '~""I! il q ii " i = .1_ ~ , ,,...,il. ,,~ ~ ,.....,~,~!, ~,, _ EXHIBIT "C" Conditions of Approval Project name: Olen Industrial File number: NWSP 03-018 Reference: 2nd review plans identified as a New Site Plan with a November 18, 2003 Planning and 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. 2. The minimum dumpster gate opening required is 10 feet wide (inside X dimension). (LDR, Chapter 7.5, Article II, Section 5.J. and Article III, section 9.A.9.a.) Revise dumpster details to reflect this measurement. PUBLIC WORKS- Traffic Comments: None X 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). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 4. 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 26-16(b)). 5. 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. 6. 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. 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); they will be reviewed at the time of construction permit application. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT FIRE Comments: 8. In addition to domestic requirements and at a residual pressure of not less X than 20 psi, a fire flow of at least 1500 gpm is required from hydrants. 9. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X ENGINEERING DIVISION Comments: 10. Add a general note to the Site Plan that all plans submitted for specific X permits shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 11. 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. 12. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along all collector and arterial roadways. 13. There is an existing drainage easement that runs along the east property line X for a distance of approximately 200 feet. Please adjust any landscaping to fall outside the drainage easement. 14. 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. 15. Provide a copy of the modified SFWMD permit no later than the time of X permitting. 16. Paving, Drainage and Site details will not be reviewed for construction X accevtabilit7 at this time. All en~neerin~ construction details shall be in DEPARTMENTS INCLUDE REJECT 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: 17. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 18. 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. 19. A water-use permit for the irrigation system is required from the SFWMD. X A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 20. 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) 21. Sheet SP2.0 - The light poles shall be designed to withstand 140 mph wind. X The light poles shall comply with 2001 FBC, Section 1606. Signed and sealed wind load calculations shall be submitted at the time of permit application. 22. Sheet SP2.0 - Detail #11 - Indicate the size (LXW) of the footing for the X light poles. The bottom of the foundation shall be no less than 12 inches below finish grade per 2001 FBC, Section 1804.1.3. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 23. The apphcant must show on a landscape plan the existing trees (2-4 inch X cluster of Oaks, additional four (4) inch diameter tree, additional ten (10) inch diameter tree, additional nine (9) inch diameter trees) 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. Landscape Plan 24. All canopy trees shown on the Plant List must include in the size X sl>ecifications a minimum of 12-14 feet in height, and three (3) inch calil>er Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT ~ DBH, (Grades and Standards) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 25. The applicant should add a note that all utility boxes or structures (not X currently known or shown on the plan) should be screened with Coco plum hedge plants on three sides. 26. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 27. Amend Tabular Data on Sheet SP-1 to reflect the Land Use category as (I) X ] Industrial. 28. A letter of approval from Palm Beach County Traffic Engineering Division X regarding the submittal of a traffic statement will be required prior to issuing a permit for this project. 29. Stripe out a loading zone at the rear of the building outside the required X travel lane. No parking other than loading/unloading shall be allowed at the rear of the building and it shall be so signed. 30. A tree removal mitigation plan has not been submitted. Any non-invasive X trees may be relocated on-site or, if removed, replaced with comparable quality and caliper material. 31' All shrubs' disc°unting gr°undc°vers' must be at least 24" x 24" at time °f I X[ planting. 32. Submit a letter of approval from the Quantum park Architectural Review ] X Committee (ARC) for the building and signage. 33. Provide an updated inventory of committed Land Uses within Quantum X Park depicting the lot number(s), owner, Master Plan Designation, Actual Development, Gross Floor area, Trip Generation rate and daily trips. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I DEPARTMENTS INCLUDE I REJECT 1. To be determined. ~ [ S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 50\NWSP 03-018 Olen Industdal\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~V' PROJECT NAME' Olen Office '~- I~I~'P O~-Ol~'~' 'P~ Z_. APPLICANT'S AGENT: Steve Fike - Olen Properties ~--~,~ APPLICANT'S ADDRESS: 1062 Coral Ridge Drive Coral Springs, FL 33071 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for ... LOCATION OF PROPERTY: 1425 Gateway Blvd. 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 Applic~_ nt ,,"'HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "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: I City Clerk S:~Planning~SHARED\WP\PROJECTS\Quantum Park 1 in. = 300.0 feet P TOROLA LWDD E-4 CANAL~-~-~ OLEN OFFICE BUILDING EXHIBIT "A" EXHIBIT "B" ' ' ' o mO~ ~ z , i OFFICE BUILDING ~ ~:~u ~ i · 4 Iii · ' EXHIBIT "B" ~ QUANTUM PARK AT BOYNTON BEACH, ' °'" .... ~ ~ P.I.D. PLAT NO. 2 ,H.,~ I11. 1 ~, t Lo,~-. --~-'-'/ ,!I~ !i~l'!' , ~.~.-~ -- ,,,. -., .,. ,' ~ ~ ~ X ~ ~ iI MIN. F.F.E.=14.50 '!11 I ~ ~ , ,1~I,,I,! ~ [ ~ , ,i il! ~" .... __,__r ..................... ' - ' ' EXHIBIT "B",, .ARK AT BOYNTON BEACH, . , ~ ~ P.ImD. PLAT NO. 2 1, ,~ ~ QUAN~M PARK AT BOSTON BEACH, .~,l~i~rll-~n , -_ j , ..,, !~1~i I,!,¥!!!lillll J JlJl! ! i, JlJJJlil"'~J ,ll'iff,lljJ' '" Il ilij JlJJ JJjli;~jlllJ ;li!il~ll']J ',",','., ""'" '"" J, Ii · ~ ~il. , "~ ~ Ii ~JJ~iJl t! ~,~ ~i ''"' ~ Il "l"i~ '''';" ;~Js,ll ~J I I - -- - -- ~rrrrr~r~ EXHIBIT "C" Conditions of Approval Project name: Olen Office File number: NWSP 03-019 Reference: 2na review plans identified as a New Site Plan with a Planning and Zoning date stamp marking of November 18 2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: 1. Prior to permit application contact the Public Works Department (561-742- 6200) regarding the storage and handling of refuse. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 2. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 3. 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 26-16(b)). 4. 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. 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); they will be reviewed at the time of construction permit application. FIRE Comments: 6. In addition to domestic requirements and at a residual pressure of not less X than 20 psi, a fire flow of at least 1500 gpm is rec~uired fi:om hydrants. 7. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fireI X I sl~rinkler systems throughout all buildings or structures regardless of the Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT type of construction that are in excess of 12,000 square feet per floor. POLICE Comments: None X ENGINEERING DIVISION Comments: 8. Add a general note to the Site Plan that all plans submitted for specific X permits shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Department of Transportation (FDOT), South Florida Water Management Districl (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERM) and any others, shall be included with the permit request. 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. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). Reference FDOT Standard Index 546 for the sight triangles along Gateway Blvd. 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. A Fill Permit may be required to obtain the finished floor elevation. X 13. All engineering construction details shall be in accordance with the X applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 14. 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 lxovisions of Section 1606 (Wind Loads) of the 2001 FBC. Calculations DEPARTMENTS INCLUDE REJECT 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. 15. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (psf) on the plans for the buildin~ design. 16. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 17. A water-use permit for the irrigation system is required from the SFWMD. X A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 18. 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) 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) 19. Indicate the percent of openings of the exterior walls in accordance with X 2001 FBC, Table 600 for the Type of Construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: The applicant has indicated all of the existing trees to be preserved in place, relocated, or removed / replaced on the site. Landscape Plan 20. All canopy trees shown on the Plant List must include in the size X specifications a minimum of 12 -14 feet in height, and three (3) inch caliper ~ DBH, (Grades and Standards) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] 21. The applicant should add a note that no Cypress mulch can be used on the X site. 22. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. c.2.l Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Sheet c-3 of 14 23. The applicant must receive written permission from the Quantum X Community Development District (QCDD) to allow for the one (1) drainage structures access shown through tract "H" Lot 21-B. 24. This existing lake edge contains mature native trees and vegetation that X must be restored with the same size and quality of native vegetation upon removal for the installation of the drainage structure. 25. The environmentalist representative from the QCDD must meet with the X applicant and provide for the written removal and replacement plan for the drainage access to tract "H". 26. The native trees / vegetation replacement must be completed by the QCDD X representative. PLANNING AND ZONING Comments: 27. Amend Tabular Data on Sheet SP-1 to reflect the Land Use category as (I)[ X Industrial. I I 28. A letter of approval from Palm Beach County Traffic Engineering Division X regarding the submittal of a traffic statement will be required prior to issuing a permit for this project. 29. All shrubs, discounting groundcovers, must be at least 24" x 24" at time of [ X I planting. 30. Submit a letter of approval from the Quantum Park Architectural Review ] X Committee (ARC) for the building and signage. 31. Provide an updated inventory of committed Land Uses within Quantum Park X depicting the lot number(s), owner, Master Plan Designation, Actual Development, Gross Floor Area, Trip Generation Rate and Daily Trips. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP~PROJECTS\Quantum Park - Lot 21 & 21BLNWSP 03-019\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Krispy Kreme J APPLICANT'S AGENT: Ms. Michelle Hoyland with Weiner & Aronson, P.A. IE'" ~JL~__.ucc_ APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Major site plan modification to construct a 20-foot tall pole sign in place of an existing eight (8) foot tall monument sign on a 1.04 acre parcel in the C- 2 zoning district LOCATION OF PROPERTY: 640 West Boynton Beach 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 ,,,'/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 4 Clerk S:~Planning\SHARED\WP\PROJECTS~krispy kreme\MSPM ~ KRISPY KREME EXHIBIT "B" !!; -- ' ~ ' ~, , ~-'c;~;'"'"""~, I~ · <-~ / EXHIBIT "B" EXHBIT "C" Major Site Plan Modification Project name: Krispy Kreme File number: MSPM 03-012 Reference: lStreview plans identified as a Major Site Plan Modification with an October 22, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: 1. At the time of permitting, provide a plan that shows all easements so that it X may be verified that the monument sign is a minimum of 10 feet away from any utility main or service lateral. 2. The provided plans should reflect existing conditions. Work is shown on the X provided site plan that indicates proposed work. At the time of permitting, please revise the plans accordin$1¥. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 3. 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 ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). 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. Clearly show the location and height of the existing sign on the drawings. New wind load COA 12/19/03 2 DEPARTMENTS INCLUDE REJECT calculations shall be submitted at the time of permit application. 2001 FBC 1606.1. 4. At time of permit review, submit signed and sealed working drawings of the X proposed construction. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 5. The owner shall replace all of the dead trees on the site. There are two (2) X dead trees on the north side of the site next to the Cassia trees. There are also six (6) to eight (8) dead trees along the outside (south) landscape buffer next to the other Cassia trees. PLANNING AND ZONING Comments: 6. Staff recommends that the applicant relocate the existing sign structure to the X east rather than erecting a 20-foot tall pole sign. A possible solution would be for the monument sign to be located near the main entrance. A variance request should be explored with staff (for a sign closer than 10 feet from the property line as normally required by code) due to the possibility of a hardship of such a wide Boynton Beach Boulevard ri~,ht-of-way. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 7. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 8. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS~,rispy kreme\MSPM 03-012\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Bethesda Memorial Hospital, Inc. "~ APPLICANT'S AGENT: Shayne Conover/Kieran Kilday, Kilday & Associates, Inc. ~-JL~'c._. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Request major site plan modification approval for construction of a 82,500 square foot / 4 level parking garage to accommodate 883 parking spaces for employees and visitors. LOCATION OF PROPERTY: 2815 South Seacrest 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 ~,'"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 pro~ll the be made in accordance with the terms and conditions of this order. 7. Other ity Clerk Location Map EXHIBIT"A" BETHESDA HOSPITAL / I-rlllllllllllllll|lllllllllllilililili]ll / / / 1 Ir C1 - EXHIBIT "n" ! % % JlPl I1~ JJl' I Il t~ ~ ~ ~ · lill~, ,1~ i ~ ~'ij I~ll! ,,q, = = 0 % EXHIBIT "C" Conditions of Approval Project name: Bethesda Parking Garage File number: MSPM 03-010 Reference: 2~a review plans identified as a Major Site Plan Modification with an October 28, 2003 Planning & Zoninl~ date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Boynton Beach Utility Department will and Palm Beach County Health X Department pemdts may be required for any water and sewer improvements (CODE, Section 26-12). FIRE Comments: 2. Design documents where underground water mains and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. 3. City Ordinance Section 9-6, 3. /7-11 requires approved automatic fire X sprinkler systems throughout all buildings or structures regardless of the type of construction which are three (3) stories or more in height or all buildings or structures in excess of 30 feet in height as measured from finish ground floor ~Tade to the underside of the topmost roof assembly. POLICE Comments: None X ENGINEERING DMSION Comments: 4. 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. 5. Photometrics for each covered floor of the structure will be required at the X time of permitting. Conditions of Approval 2 DEPARTMENTS INCLUDE REIECT 6. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.) 7. Indicate, by note on the Landscape Plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5' and 8' above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.). BUILDING DMSION Comments: 8. Indicate within the site data the type of construction of the building as X defined in Chapter 6 of the 2001 FBC. 9. Indicate within the site data the occupancy type of the building as defined in X Chapter 3 of the 2001 FBC. 10. 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 bBC. 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. 11. Every building and structure shall be of sufficient strength to support the X loads and forces encountered per the 2001 FBC, Section 1601.2.1 and Table 1604.1. Indicate the live load (ps/) on the plan.~ for the buildin~ desitin. 12. At time of permit review, submit signed and sealed working drawings of the X propoSed construction. 13. 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. 14. A water-use permit for the irrigation system is required from the SFWMD. X A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 15. Sheet E-l, "Lighting Requirements"- Per Chapter 23, Article II (AX1Xa), x no more than 10% of the spot readings below one foot candle and none below one-half foot candle. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALI~qT Comments: Landscape Plan-Plant List Sheet LP-1 16. The applicant should show a four-side elevation detail indicating how the X height and width of the parking garage structure will be visually screened with the proposed trees at time ofplantinl~. 17. The proposed Washington Palm trees should be changed to Royal Palm X (Florida or Cuban) trees installed at a minimum gray wood height that will have the tree canoo¥ at the 35'-45' height level. These Royal Palm trees DEPARTMENTS INCLUDE RF~ECT should be installed in an effort to break up the large expanse of the garage structure. This design should visually obstruct the third and fourth levels of the facility from view of the surrounding neighborhoods. The applicant should evaluate a combination of these steps to create a more immediate visual tree buffer to the facility North, South, East, and West elevations shown on sheet LP-2.5. 18. The Landscape Plan / Elevations shown on sheet LP-2.5 should be changed X to show the canopy height of the Sabal, Washington and Royal Palms at the time of planting. This should be done in conjunction with the proceeding condition for the North, South, East and West elevations shown on this sheet. 19. The applicant is requested to make all agreed to landscape changes on these X sheets that are the results of the Planning and Development Board and City Commission approval meetings. 20. The applicant is requested to place a note on these sheets requiring X additional Sabal, Washington and Royal Palms along any side of the parking structure to address any of the surrounding residents requests that may result after City permit approval of the landscape plans. 21. The applicant should show an elevation cross-section detail indicating how X the height of the proposed landscape material will visually buffer the proposed parking lot facilities from the Golf Road ri~ht-of-wa~,. 22. Irrieaflon Plan 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 from a bubbler source. [Envkonmental Regulations, Chapter 7.5, Article II Sec. SA.] 23. Turf areas should be limited in size. Landscape (bedding plants) areas X should be designed on separate zones with proper time duration for water conservation. [Environmental Regulations, Chapter 7.5, Article li Sec. 5. 12.2.] 24. The irrigation system design should be low volume water conservation X using non-portable water. PLANNING AND ZONING Comments: 25. Provide detail drawing of traffic circulation during the realignment of the I X abandoned portion of SW 26t~ Avenue. 26. Consider landscape treatment at exterior walls for each level of parking X through use of planter boxes or other acceptable methods of softening and screening. 27. Approval of this Master Plan Modification is contingent upon approval by X the City Commission of the Height Exception Request (HTEX 03-008). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT Comments: 28. Modification of staff comments on item #17. The proposed Washington X Palm trees should be changed to Royal Palm (Florida or Cuban) trees installed at a minimum gray wood height that will have the tree canopy at 35' height level. These Royal Palm trees should be installed on the north side in an effort to break up the large expanse of the garage structure. This design should visually obstruct the third and fourth levels of the facility from view on Golf Road. On the other three (3) sides the applicant shall address the visual screening of the parking structure through the use of perimeter landscaping, to block the view from the surrounding residents. 29. Modification of staff eomments on item #20. The applicant is requested to X place a note on these sheets requiring additional landscape along any side of the parking structure in response to any of the surrounding residents requests regarding line-of-sight issues that may result after City permit approval of the landscape plan. This shall be coordinated through the City Forester and such screening shall be installed to the satisfaction of the City Forester. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 30. Modification of Planning and Development Board Comment #28. The X Royal Palms proposed for the north side of the garage structure are to be deleted and replaced with same size Washington Palms. 31. Clarification of Planning and Development co~im~ent #29, to clearly indicate X that the final decision on the need for additional plantings to effectively screen the parking garage rests with the City Forester. S:~Planning~SHARED\WP~PROJ~Bc~hesda~ISPM 03-010\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Bethesda Memorial Hospital, Inc. APPLICANT'S AGENT: Shayne Conover, Kilday & Associates, Inc. APPLICANT'S ADDRESS: 1551 Forum Place, Suite 100A, West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 6, 2004 TYPE OF RELIEF SOUGHT: Request height exception approval to allow a height of approximately 56 feet for the stair and elevator towers, an exception of approximately 11 feet. LOCATION OF PROPERTY: 2815 South Seacrest Boulevard 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 Applica~t ~ 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.nt's application for relief is hereby ,,,,""GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the pro shall be made in accordance with the terms and conditions of this order. ~oYNT04~ 7. Other DATED: I -- 4:;j~ -O~ Clerk Location Map EXHIBIT"A" BETHESDA HOSPITAL / I-[llllllllllllllllllllllllllllllllllllltl / C1 EXHIBIT "B" Z o~n -cc) J i~l~ ;"'" I Bethesda Memo.~ l"j :~l'"p J Hospital EXHIBIT' "B" ~": 'il '!1'~ -. :i~ I~llJ:~t, t JJ EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" ........... EXHIBIT ".B" EXHIBIT "C" Conditions of Approval Project name: Bethesda Memorial Hospital Parking Garage File number: HTEX 03-008 Reference: Application received October 28, 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 5Planning~Planning 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 CRY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mangrove Walk Alley Abandonment APPLICANT'S AGENT: Dale Sugerman, Assistant City Manager - City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425 _ RELIEF SOUGHT: Request abandonment of that 15-footalle n in - Add,~.on. to. Boynton, as recorded in Plat Book ll. Pa e ,y_lyi g .Bl_oc:k. 4_ofLake I . g 71, of the Public Records of Flndaa, being more particularly described as follows: aim t~each County, A 15-foot wide alley running east-west in said Block 4, being bounded on the east by the west right-of-way line of N.E. 7m Street, on the west side by the northerly projection of lot 27 of ssid Block 4. LOCATION OF PROPERTY: Block 4 of Lake Addition to Boynton DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. - THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Appli~l~t .~"~ 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 forlh 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. ' Mangrove Walk Alley EXHIBIT"A" EXHIBIT "C" Conditions of Approval Project name: Mangrove Walk Alley File number: ABAN 01-004 DEPARTMENTS INCLUDE PUBLIC WORKS- General 1. The proposed repot Casement shall be no less in width than the X existing alley. The fifteen (15) foot wide alley shall be replaced with a fifteen (15) foot wide utiliV easement. PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Commmts: None X POLICE Comments: None X ., ENGINEERING DMSlON Coi~i~-~tts: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X I~ORHSTER/ENVI~ONMENT,$LI~qT Comments: None X PLANNING AND ZONING C,o~om o£.~mv~J 2 DEPARTMENTS INCLUDE Commonts: 2. No structures shall be constructed or landscaping placed within the utility X easement without express written consent of all legal entities occupying said easement. PRIVATE UTILITIES 3. Adelphia has no objections to the abandonment as long as Adelphia X facilities are granted the proper easement. 4. Florida Power & Light has no objections to the abandonment as long as X Florida.Power & Light facilities are granted the proper easement. A minimum ten-foot wide utility easement shall be required. ~5. Florida Public Utilities Company has no objections to the abandon _ment X as long as F~P.U.C. facilities are granted the proper easemenL F~P.U.C. has underground gas distribution located with~ the limits of the proposed abandonment. 6. BelLsouth has no objections to thc abandonment of the alley right-of-way. X Bellsouth shall require a utility easement. ADDITIONAL COMMUNiTy REDEVELOPMENT AGENCY BOARD CONDITIONS 1. None X ADDITIONAL CITY COMMISSION CONDITIONS 1. To be determined. ~