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Minutes 01-20-04MZNUTES OF THE REGULAR CI'TY COMMZSSTON MEEI'ZNG HELD 1'N COt4MTSS1'ON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORZDA, ON TUESDAY, .1ANUARY 20~ 2004 AT §:00 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENZNGS: A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:00 p.m. City Attorney Cherof announced that the Commission would be meeting behind closed doors to discuss the case of the City of Boynton Beach vs. Frank Janots, et al. This is Case No. 50-2003 CA 010606 xx EDAJ. In attendance would be members of the City Commission, the City Manager and the City Attorney. The meeting would last for approximately 30 minutes, at which time the regular meeting of the Commission would resume. The Commission recessed at 6:01 p.m. CLOSED-DOOR SESSION OF THE CITY COMMISSION on Tuesday, January 20, 2004 at 6:00 p.m. in Conference Room B at City Hall Re: City of Boynton Beach, Petitioner, vs. Frank 3anots, et al., Respondents Case No. 50 2003 CA 010606 xx EDA.1 Tnvocation - Cantor Ivan Perlman, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Ensler Mayor Taylor reconvened the Commission meeting at 6:30 p.m. Cantor Perlman offered the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Ensler. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Meeting Minutes Regular City Commission Meeting Bovnt0n Beach, Flcrida 3anuarv 20, 200a Motion Vice Mayor Ferguson moved to approve the agenda. McCray and carried unanimously. Motion was seconded by Commissioner OTHER: A. Informational Items by Members of the City Commission Commissioner McCray announced that elected officials attended a banquet on Sunday evening honoring the recipient of the MLK award that was given to Ms. Sarah Jane Williams, a citizen who works very hard in the community. Commissioner Ensler reported that there had been a problem at the Wastewater Plant in the southwestern part of the City. That plant is jointly owned by the City of Delray Beach and the City of Boynton Beach. The Board of Directors for the plant is comprised of all of the Commissioners from both cities. Commissioner Ensler thanked Commissioner McCray, who is the current chairman of that Board, for his leadership in helping to approve resources to solve problems at the plant. It is truly appreciated by communities in that part of the City. Vice Mayor Ferguson felt that the stormwater drainage fee should be reviewed. It was increased from $1 per dwelling unit per month to $6 approximately four years ago. Since that time, it was reduced to $5. He requested that the City Manager investigate when it may be possible to have a further reduction. Mayor Taylor and Commissioner McCray supported that request. TTi'. ANNOUNCEMENTS, COMMUNTrY & SPECTAL EVENTS, & PRESENTA'rZONS: A. Announcements: Announce the accomplishment of the Recreation & Parks Department Ocean Rescue Division becoming a United States Lifesaving Association (USLA) certified agency Wally Majors, Recreation & Parks Director, was very proud to acknowledge the significant accomplishment by the Ocean Rescue Division. They are a very dedicated division. He introduced John Bebensee, Ocean Rescue Manager, and Paul Gordon, Ocean Rescue Supervisor. 3ohn Bebensee explained that this certification by the United States Lifesaving Association is based on meeting certain standards, which include training, rescue equipment, medical equipment, communications, personnel needs and recordkeeping. The USLA was established 40 years ago and its primary goal is to establish and maintain high standards of open water lifesaving for the maximizing of public safety. Mr. Bebensee thanked his staff, who put in a lot of work to earn this certification. 2. United Way's Prosperity Program regarding Earned Income Tax Credits 2 Meeting Minutes Regular City Commission Meeting BovntQn Beach, Florid~ .lanuarv 20, 20~~ Mayor Taylor explained that the Prosperity Program is a government program to help people who are trying to help themselves. People who are working and may not even have to file taxes may be eligible for these earned income tax credits. Only 13% of the people eligible to receive these credits in Boynton Beach filed last year. The average refund is $1,500. Residents who earn less than $35,000 a year would qualify. Mayor Taylor explained that if a person goes to a firm to obtain help, they would be charged. However, there are over 30 facilities at which to receive help at no cost. He announced that citizens could call 211 to locate a facility or contact Assistant City Manager Wilfred Hawkins. Commissioner McCray asked whether there is a poster concerning this that could be displayed. Mayor Taylor said that he has flyers regarding this program. Additional flyers can be obtained from the United Way. Commissioner McCray requested that some be given to him so that they could be distributed at local churches in District T:[. 3. March 2, 2004 City Commission Meeting Cancelled Mayor Taylor announced that the City Commission meeting scheduled for March 2, 2004 has been cancelled. This was necessary because most of the Commission will be in Tallahassee for Palm Beach County Days. B. Community and Special Events: 1. HeritageFest - February 3 - February 29, 2004 Wally Majors, Recreation & Parks Director, announced that the Recreation & Parks Department is assisting the HeritageFest Committee in organizing this special event. The activities kick off on February 3rd and run throughout the month. Many of the activities will be hosted at the Hester Center. Schedules are forthcoming. He asked people to call his office for any further information. Mayor Taylor noted that HeritageFest began as Black Awareness Days. l~t was changed to HeritageFest to include all the cultures in Boynton Beach. He invited everyone to come out and celebrate. Angela Girtman, :~920 NE :17 Lanef was very excited about HeritageFest. Their theme this year is "From Obstacles to Opportunities." They added something new this year, the Walker Brothers Circus. Tt will be at Ezell Hester Center on February 3rd and 4th. Advanced adult tickets are $10 and children 14 and under are free. There will also be a free educational seminar for children at noon to talk about circus life and the care of animals. Ms. Girtman spoke of the various events that are scheduled, including the Book Fair on February 7th at the Library, featuring known author Tommy Ford. A schedule of events is on file in the Office of the City Clerk. C. Presentations: Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida January 20, 200A 1. Proclamations: a. Four Chaplains Sunday - February 1, 2004 Mayor Taylor read the Four Chaplains Sunday Proclamation. He noted that he would present this proclamation on February ist at 7:00 p.m. at Ascension Lutheran Church on S. Seacrest Boulevard. IV. PUBLTC AUDIENCE: TND:ZVTDUAL SPEAKERS WTLL BE LIMITED TO 3-MTNUTE PRESENTATIONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Myra Jones, 311 NW 4~h Avenue, is the facilitator for the African-American Book Club that meets at the Boynton Beach Library. They are in their eighth year. The staff at the Library has been very cooperative with them. However, there is limited space there. She thanked the Commission for working on obtaining funds for the Library expansion and encouraged them to continue to do so. Bob Brown, 800 NE 7th Avenue, said that the City previously held auctions to bid on surplus City equipment. Last month, he had understood that several items would be sold through eBay. However, they went to an auction house and only dealers could bid on them. He requested that if items are going to be sold on eBay, a list be posted in the Lobby. Tf items are going to go through a State registered dealer, he requested that the public first get a shot at the disposable City equipment. Mr. Brown complimented the lifeguards for the certification they received. He felt that they are unsung heroes. He suggested that they receive a stipend for additional training. Herb Suss suggested the following: Trees and planters be added to the center dividers on Woolbright Road between Knuth Road and Congress Avenue, the same as the other main roads leading into the City Consider charging non-residents a fee for the use of the Senior Center Mayor Taylor said that staff was looking into charging a fee. Allow citizens to serve on two boards. The Commission cannot fill all the vacancies due to lack of candidates. Mr. Suss was concerned because of an appointment made to one of the advisory boards at the last Commission meeting. One of the commissioners pointed out that this appointee had four absences, which is contrary to the rules that the Commission had set. After four absences, membership is supposed to be terminated. Mr. Suss felt that the Commission should have voted for the candidates separately. 4 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3anuarv 20, 200A Mr. Suss also thanked the Commissioner from District III for trying to lower taxes. Mayor Taylor noted that the appointee in question did miss three or four meetings on a particular board and that person was removed from the board. That person applied for membership to a different board. It is the Commissioners' prerogative whether they want to appoint a person. Mayor Taylor also spoke regarding people saying that the Commission cannot find people to serve on the boards. There are currently only eight vacancies on all of the boards. There are at least 14 people who have applied. However, they have applied for boards where there are no vacancies. There are no applications for the Nuisance Abatement Board. Two of the vacancies are for student members. He asked that if anyone knows a student in their community who would like to be involved, please advise them. Marie Horenburger, 3020 Pinetree Lane, thanked City Manager Bressner, Mr. De Carlo and City staff for working with her community on the landscaping for the entrance to Chapel Hill. She thanked Commissioner Ferguson for his support as well. Ms. Horenburger also said that she E-mailed City Manager Bressner concerning the curbing on the City's side of Gulfstream Boulevard. The City did a great job of maintaining the median. The other issue there is the vacant property next to the railroad tracks. It is rutted and there is no curbing or fencing to protect it. She felt that Gulfstream Golf Club should look at this from the standpoint of their liability. She suggested that perhaps the City could help. Ms. Horenburger said that there are large triangular concrete islands at Woolbright Road and I- 95. Other cities have had painting and paving done to make them better looking. She requested that the City ask D.O.T. for their assistance with this. Ms. Horenburger thought that Boynton Beach was a very exciting City. She felt that the Commission was doing a great job. She would like to help and if being on the Nuisance Abatement Board would help, she would volunteer for that. Mayor Taylor said that the City Manager has reviewed her input and shared it with him today. The property on Gulfstream Boulevard by the railroad tracks is actually in unincorporated Palm Beach County. He will bring this to the County's attention. City Manager Bressner said that he would be meeting with D.O.T. on Friday and will request their assistance with the concrete islands. V. ADM'rNZSTRA~E: Accept resignation from Irene Emmert, Regular Member of the Education Advisory Board Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida January20,2004 Motion Vice Mayor Ferguson moved to accept the resignation from Trene Emmert, Regular Member of the Education Advisory Board. Motion was seconded by Commissioner McCray and carried unanimously. B. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date IV McKoy Mayor Taylor III Ferguson Advisory Bd on Children & Youth Alt 1 yr term Advisory Bd on Children & Youth Stu/NonVoting 1 yr term Advisory Bd on Children & Youth Stu/Voting 1 yr term to 4/04 to 4/04 to 4/04 Tabled (2) IV McKoy Education Advisory Board Reg 2 yr term to 4/05 Mayor Taylor Education Advisory Board Stu 1 yr term to 4/03 IV McKoy Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) Mayor Taylor Nuisance Abatement Board Reg 2 yr term to 4/05 Tabled (2) I Ensler Nuisance Abatement Board Reg 2 yr term to 4/05 Commissioner McKoy appointed Erica Hammond as a Regular Member of the Education Advisory Board. All other appointments were tabled. Motion Vice Mayor Ferguson moved to approve the appointment. Commissioner McCray seconded the motion that carried unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Special 5oint Meeting of December 17, 2003 between City Commission and CRA CIP Workshop of December 19, 2003 Agenda Preview Conference of January 2, 2004 Regular City Commission Meeting of 3anuary 6, 2004 Motion Commissioner McCray moved to approve Consent items A.1, A.2, A.3 and A.4. seconded by Commissioner Ensler and carried unanimously. Motion was Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida 3anuarv 20, 2017 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award the "PURCHASE OF TWO NEW AND UNUSED FRONT LOADING SOLID WASTE COMPAC-I~ON UN~I'S, MOUNTED ON A CLASS 8 DIESEL POWERED CHASSIS," Bid #019-2516-03/JA to GREAT SOUTHERN PETERBILT, INC. of Jacksonville, Florida, for a total expenditure of $275,591.40 Award RFQ FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS," RFQ #020-2210-04/JA, to Dr. Kenneth Scheppke, M.D., of Jupiter, Florida, in the amount of $24,504 (Proposed Resolution No, RO4-OOg) Approve the list of qualified Respondents from the Request for qualifications (RFQ) #007-2821-04/C.1D, "Design/Building Services for the Expansion of the West Water Treatment Plant" Award Investment Banking Services for the proposed 2004 Public Service Tax Bond Issue to Raymond James & Associates in the amount of $52,329 Approve purchase of additional user license for laptop computer mapping for Police Department from Charles River Technologies in the amount of $24,195 (sole source) Resolutions: o Proposed Resolution No. R04-010 Re: Renaming Drive" within the Quantum Park PID to "The Watershed Way" "Beta Proposed Resolution No. R04-011 Re: Agreement for Water Service Outside the City Limits with Elda Molina for the property at 1112 Ridge Road, Lantana, Florida (Lot 16, Ridge Grove) Proposed Resolution No. R04-012 Re: Agreement for Water Service Outside the City Limits with Joaquin and Eufemia Valentin for the property at 1191 Peak Road, Lantana, Florida (Lot 255, Ridge Grove Addition No. 1) Proposed Resolution No. R04-013 Re: Agreement for Water Service Outside the City Limits with Lois Marcinkoski for the property at 1065 Ridge Road, Lantana, Florida (Lots 33, 34 & 35, Ridge Grove) Proposed Resolution No. R04-014 Re: Agreement for Water Service Outside the City Limits with John and Alice Lund for the property Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida .lanuary 20, 2004 at 1156 Highland Road, Lantana, Florida (E. 1/2 of Lot 99 & Lot 100, Ridge Grove) o Proposed Resolution No. R04-015 Re: Agreement with Florida Inland Navigation District (F.I.N.D.) in furtherance of an approved waterway assistance project D. Ratification of Planning & Development Board Action: 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 an R-3 zoning district ('TABLED BY ¢OMM~r$$~rON- O~IO~IO~) Mayor Taylor requested that item D. 1 be pulled from the Consent Agenda. E. Ratification of CRA Action: Fire Station #4 (NWSP 03-024), 1919 South Federal Highway - Request for New Site Plan approval for a fire station on a 1.90-acre parcel in a PU zoning district Mayor Taylor requested that item E.1 be pulled from the Consent Agenda. Fire' Station #4 (CDPA 03-003), 1919 South Federal Highway - Request for an appeal of the Land Development Regulations, Chapter 9, Section 11..1., to permit overhead bay doors to face Federal Highway for Fire Department apparatus bays Accept written report to Commission of purchases over $10,000 for the months of November and December 2003 for informational purposes Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Approve full release of surety covering the water system for the project known as Verzaal Farms and return the cash surety to the developer (the Verzaal Family Limited Partnership) Approve full release of surety covering the sewer system for the project known as Burger King at Woolbright Place and return the cash surety to the developer (The Westwind Group, Inc.) .1. Authorize the use of Community Investment Funds for HeritageFest Mayor Taylor requested that item .1 be pulled from the Consent Agenda. 8 Meeting Minutes Regular City Commission MeeUng Bovnton Beach, FIoridil Januarv20,2Oe~ Motion Commissioner McKoy moved to approve the Consent Agenda as amended. McCray seconded the motion that carried unanimously. Commissioner D.l. 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 an R-3 zoning district (T.4BI. ED BY COMMISSION- O~/O~IO~) Motion Vice Mayor Ferguson made a motion to remove item D.1 from the table. Commissioner McCray seconded the motion that carried unanimously. City Attorney Cherof explained that this item is a review by the City Commission of a proposal for a site plan for property that is currently under restraint under an existing court order. The review is discretionary. The City applied jointly with the applicant to the court for ability to review it. Tf the Commission were to approve the site plan, it would still require the City to return to court to obtain court approval to modify the court order that locks in development of the property. At the Agenda Preview, the Commission discussed this matter and because of the interest of adjacent property owners, it was the consensus that they would commence the quasi-judicial hearing tonight but it would be concluded at the next Commission meeting. City Attorney Cherof swore in everyone who would be testifying. He asked anyone who was testifying to identify themselves and to state any special qualifications they may have. The documents that were part of any board's review of this matter are automatically made part of the record of the proceeding. Tf there are any additional documents that anyone wishes to make part of the proceeding, they need to be identified to the Commission and a copy left with the Clerk. Peter R¥1and, 1311 SW 25th Avenue, said that his property was contiguous to the subject property and he was representing some homeowners whose properties are also contiguous. He said that this project should not be on the agenda for tonight's meeting for the following rea so n s: Due legal process has not been maintained. The court has never revised its order for this property because the court order of January 8, 2004 refers to a 4.01 parcel of real property situated at the northeast intersection of Congress Avenue and Golf Road. This properb/is 500 feet east of the southeast intersection of Congress Avenue and SW 23rd Avenue. So, the property is not properly identified in the motion of the court allowing the City Commission to consider this proposal. Prior consent of the neighboring homeowners' associations has not been obtained. Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQri~ia 3anuarv 20, 20~~ His objections were as follows: The project does not meet the stipulations of the legal agreement with the City of Boynton Beach. It is not an ACLF; the lighting will be visible to neighboring homes; trash bins will be within :[00' of the property boundaries and the six-foot wall on the south side of the property is not provided. Fifty condominiums on 4.69 acres constitute over-utilization of the property. Compared with an ACLF, the development is expected to require more vehicle trips per day, more water usage, and significantly more fire and police services. It places a further traffic burden on an already clogged and vital east/west traffic artery. Proposed development is expected to generate 350 trips a day, not including school buses, garbage trucks and service vehicles. The capacity of the road is reported as 15,000 trips per day by the County Engineer. The projected build-out volume in 2005 is 15,023 vehicles. Estimates do not include added volume expected due to the medical office building just completed on the opposite corner. The traffic study does not take into account that over 3,500 additional people will be housed on Congress Avenue and are expected to use this road for personal or emergency reasons. Emergency vehicles needing quick access to Bethesda Memorial Hospital are currently using SW 23rd Avenue. The proposed development is inconsistent with surrounding zoning. The property is surrounded by single-family homes and an ACLF. The design is architecturally incompatible with the area. The surrounding homes are primarily one-story white concrete block with white tile roofs. Mr. Ryland said that in Mayor Taylor's election campaign, he promised that he would "insist that the needs of current residents come first" and that "growth pays for itself," in addition to promising to "keep traffic moving." In a recent petition drive against this development, 51 out of a possible 52 signatures were obtained from Golfview Harbour residents. Many of the residents have been in the neighborhood for over 20 years. The current long-time residents are anticipating that the Mayor and Commissioners would keep their promises. No one else from the public wished to speak on this item. Mayor Taylor explained that the intention of the Commission was to obtain input from the public tonight. This matter will come back to the Commission at which time there will be another 10 Meeting Minutes Regular City Commission Meeting Bovnton Beach, FIQrida 3anuary20,20O4 opportunity to address this. The reason the Commission is not taking action tonight is because the surrounding neighborhoods are being notified. Motion Commissioner McCray made a motion to retable item D.1. motion that carried unanimously. Commissioner Ensler seconded the 5.1, Fire Station #4 (NWSP 03-024), 1919 South Federal Highway - Request for New Site Plan approval for a fire station on a 1.90-acre parcel in a PU zoning district Mike Flattery, CH2M-HilI, Engineers and Architects from West Palm Beach, gave an overview of the proposed fire station. The proposed station will be south of Woolbright Road. Tt is a 3-bay station. The CRA liked the style of the building. Tt is landscaped to provide a pleasant drive down Federal Highway. Commissioner Ensler asked whether the colors were compatible with the neighborhood. Mr. Flattery said that they were. It is a light Florida vernacular style. This is an opportunity for the CRA to start a trend along this corridor. Motion Vice Mayor Ferguson moved to approve item F.1. that carried unanimously. Commissioner McKoy seconded the motion .1. Authorize the use of Community Tnvestment Funds for HeritageFest City Manager Bressner explained that community investment funds are made available for community activities at the discretion of individual Commissioners. In this instance, the HeritageFest Committee had requested consideration of funding. Mayor Taylor has proposed $1,000; Vice Mayor Ferguson proposed $500; Commissioner McCray has proposed $2,000; Commissioner Ensler has proposed $1,000 and Commissioner McKoy has recommended a total of $2,000, $1,000 of which would go for the Scholarship Fund for Scholastic Achievement and Community Service and $1,000 to purchase books for the book signing by author Tommy Ford. Mayor Taylor requested that $500 of his community investment funds be used for the Caribbean Celebration and the remainder of the funds wherever they feel the need. Motion Commissioner McCray moved to approve item .1. that carried unanimously. Vice Mayor Ferguson seconded the motion VZT. CODE COMPLZANCE & LEGAL SETTLEMENTS: None 11 Meeting Minutes Regular City Commission Meeting Bovnton Bei~ch, Flgrida Januarv20,200~ VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTFS Am Project: Agent: Owner: Location: Description: Boynton Delray Academy (COUS 03-008) (TABLED BY COI~ll~IZ$$ZOI¥ - Marry Madura Keith D. Kern Northwest corner of Martin Luther King, Jr. Boulevard and Railroad Avenue Request Conditional Use approval for a primary/secondary Charter School Motion Commissioner McCray made a motion to remove item VIII.A from the table. Ferguson seconded the motion that carried unanimously. Vice Mayor City Attorney Cherof swore in everyone who would be testifying. He asked that everyone identify themselves and state any qualifications that they may have. The documents that were part of the record in any Board proceeding are part of the Commission record. If there are other documents to be made part of the record, he asked that they be identified and left with the Clerk. ,loe Gray, Executive Director with Boynton Delray Academy, explained that they have made some modifications based on what was suggested to them. He presented building elevations to the Commission. These are on file in the City Clerk's Office. Mr. Gray wanted to satisfy the CRA regarding the design of this building so the building has been designed several times. They wanted to be in harmony and compatible with other buildings that will be in that area. The Academy has been in existence for five years and has done some outstanding things with inner city at-risk youth. They want to be in the middle of the community that they represent in order to have parental involvement. Marry Madura, Advanced Modular Structures, said that they have redesigned the roofline to give it the added height that was requested, a two-three-story height. Rev. Clarence EIIlington was representing R. M. Lee Community Center Incorporated. He said that there is community support for this project. A majority of the students are from this community. He knows that there is concern regarding the type of business and structure that is brought into this redevelopment area. As one of the parties involved in the redevelopment vision, Rev. Ellington is also concerned. This is a desirable business and one that is very much needed for the community. There is much talk about what the vision is for that area. However, it all rests on what the community needs and a school is needed. He felt that the decision should be based on the needs of the community rather than the vision of a few. The school has done a tremendous job in educating the young people. He urged approval of this request. 12 Meeting Minutes Regular City Commission Meeting Bovntpn Beach, Flprida January 20, 200,~ City Attorney Cherof suggested that it would be helpful if the applicant would state whether he agreed with all 40 conditions of approval. Mr. Madura felt that they had addressed the "Floribbean" architecture with the new elevations. He agreed with all other conditions. Commissioner Ensler asked whether the applicant has had an opportunity to provide the latest information to City staff. Mr. Madura replied that the drawings were not completed until this afternoon. Herb Suss felt that this area needs a school. It would be an investment in children and will serve the youth for years to come. He was hopeful that the City Commission would approve this project. Brian Edwards, 629 NE 9th Avenue, was here to speak on behalf of the school. The issue he wanted to bring up was that there is an adult establishment across the railroad tracks. He wants to see the school go in. However, he felt that there was a problem when a school or a church can move into an area near an adult establishment. He felt that there should be some way to remove the adult establishment that will be doing business during school hours. Terry Pereira, 7692 Colony Lake Drive, urged the Commission to approve the project. He felt that there was no better way to build a community and revitalize it than to have a school in the area. Mike Rumpf, Planning & Zoning Director, explained that the property is split between two zoning districts, R-2 and C-2. :It is an allowed use in both zoning districts; however, it requires conditional use approval in the northern portion that is zoned R-2. Section 11.2.d of the Land Development Regulations contains special standards to which conditional use is required to conform. Staff reviewed the project against those standards. When all conditions of approval are complied with, the project will conform to those standards. Staff recommends that the condition pertaining to the architecture be maintained so that it can be properly addressed at the permit stage. In summary, staff supports the project subject to all conditions of approval. Commissioner McCray asked whether the rendering received tonight would be reviewed at the permitting stage. Mr. Rumpf replied that it would. Motion Commissioner Ensler moved to approve this project as modified with the drawings that were provided to the Commission, subject to any last comments by City staff. There would be no need to come back to the Commission if City staff has no objections. Motion was seconded by Commissioner McCray. Vice Mayor Ferguson asked whether the applicant would be amenable to moving the school if the development that occurs in the second phase of the Heart of Boynton area necessitates it. 13 Meeting Minutes Regular City Commission Meeting Bovnton Be~ch, FIQridp 3anuarv20,20~A Rev. Ellington said that they would not have a problem with that. Their concern, at that point, would be what is in the best interests of the City and that would supercede what is in the best interest of the school. He said that they would ask the City to be fair with the school as far as moving it to a location that would serve the educational needs. Vice Mayor Ferguson did not believe there was any question that the community needs a school in this area. However, he is concerned that the proposal is not in keeping with the redevelopment plans for the Heart of Boynton. Commissioner McCray said that the Heart of Boynton will be done in phases. Tt will not be done overnight. There is a need for a school there. He is 100% in favor of this project. Mayor Taylor felt that the Heart of Boynton is in a state of flux. He is in favor of approving the school at this time. He would only ask for the applicant's cooperation with the City as they move forward with the Heart of Boynton. Commissioner McKoy felt that it appears that some people have lost sight of what this school stands for. Tt stands for educating the youth. There is some activity along Martin Luther King Boulevard corridor that the City and the Police Department are trying to address. Having a school there would allow the Police to better enforce the laws dealing with illegal activity because of the proximity to the school. Mayor Taylor thought that this was a valid point because there are Drug Free Zones around schools. Vote The vote was called and the motion to approve carried 4 to 1 with Vice Mayor Ferguson dissenting. :ZX. C~'I~ MANAGER'S REPORT: None X. FUTURE AGENDA ~I'EMS: A Strategic Planning Session (February 27, 2004) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (February 2004) Additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (May 2004) 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) 14 Meeting Minutes Regular City Commission Meeting Bovnt~n Be~ch, Florida Januarv20,20l~ E. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) F. Proposed Lease Agreement with Boynton Woman's Club (TBA) XZ. NEW BUSTNESS: None XII. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, 04-001 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. There was no one from the public who wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-001. Commissioner McCray seconded the motion, City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances- ist Reading None C. Resolutions: Proposed Resolution No. 04-016 Zoning in Progress- IPUD Re: Notice of Intent for City Attorney Cherof read Proposed Resolution No. 04-016 by title only. Motion Commissioner McCray moved to approve Proposed Resolution No. 04-016. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. City Attorney Cherof announced that there will be a public hearing on February 3, 2004, for the Commission to further consider the extension of this notice of intent. D. Other: 1. City Attorney request for executive session regarding: 15 Meeting Minutes Regular City Commission Meeting Bovnton Beach~ FIQrida .lanuarv 20, 200" City of Boynton Beach, Petitioner, vs. Janet Hall, et. al, Respondents Case No. 2003 CA 005485 AE City Attorney Cherof explained that this is a case that he needed to speak with the Commission about behind closed doors. It is litigation involving the 3anet Hall property, City of Boynton Beach, Petitioner, vs..lanet Hall, et al., Respondents, Palm Beach County Case No. 2003 CA 5485 AE. City Attorney Cherof will need approximately 45 minutes, preferably at the next City Commission meeting. Tt was the consensus of the Commission that this closed-door session would be the last item on the agenda for the meeting of February 3, 2004. XTTT. UNFTNZSHED BUS~NESS: None X:[V. AD3OURNMENT: There being no further business, the meeting properly adjourned at 7:47 p.m. ATTEST: Deputy City Clerk (1/26/04) CI-I'Y OF BOYNTON BEACH 16 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Fire Station ~4 APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach Blvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20,2004 TYPE OF RELIEF SOUGHT: Request site plan approval for a one story, 8,200 square foot fire rescue building on 1.89 acres LOCATION OF PROPERTY: 1919 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applica.,pt i,,," HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby j.,_-,,G'RANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk I 1 in. = 200.0 feet C3 C3 C3 LOCATION MAP FIRESTATION ~ EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" --% .,~. ~iliilll L II ~i I,II I1 'i I ii EX. HIBIT "B" lllll 1 o , EXHIBIT "B" ::1 ItI ~.i!ll ,! ii [~I I': ~B rI ~:!l. iI:, !l Iii' · ' I ~... ~I ' ~ '?' I I ! ( ' ~' i ~, :!1 ..... ,t ......... ~i.~,I,t~_, t.!_~l, ~ . CH2MHILL ----~-- ~ ' ' ~ OF ~N B~ BORON B~CH FIRE ~N 4 ~~N ~4 , "- ' -- ,.. _ , EXHIBIT "B" I J ii: iJ JilJi ', J lj ,f I lo , - -, 'i!!l l;!: : !ll I !!'J "~J IIil I :~.i . . , ~- , .,, l,, ,, , I,, ,:, ,, ,:,,,l' , , ,,,. , ,,,,, :1, ,.., J,. ,~ :,: I :! j : ::,i: I i~ , ! J . F J l,:.,I ,Ii!: J , :1 ,, i I'I I'! I I . t 1 f ~tl~ It, ~.,.,,. . : J I t j !,1:, I Il !,~ I1~ ,,, ,,I.¢ ....... : . .l:ll,.,I, !ill~, ,.,I~,, ,~!,,,,,, _,,,,,. . . ......, I.'!,1 ,, I i,i ,.,:..j I~, . , ... ! l]l!!l!l!J I~! Il ,lilJll! Jlllil!llill! ,:'..'~., il / Illj! "~/ -'P ~ ,~j . It; ii iiiiiiii'i ! ' !r, I I ~IIili!i!~ ! . - I · . / ,,,!,,,,,,,,,,Ill l!l, ,_ / r~"'J' / 'Ii LI'I-//1 4i"X // ' !'-"'"""1 ~ Jl, I~ j . , l j,, - I! ~liJl ,~., I., J / ,/ , !J ~ ~ ! I ,/,,~ ,,,,~ %.. .%..1.. .... ._%__'1, I' l g~ 'ql;)'l IjJj I I ILti!l, ~= ----.---.._.. O0 O0 ! I EXHIBIT "B" I!I CH2MHILL BOYNTON BEACH FiRE STATION 4 ARCHITECTURAL RRST FLOOR PLAN It Ifil ! ~ OF BOYNTON BEACH ~ RI~CUE ~TION li t ii EXHIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Fire Station #4 File number: NWSP 03-024 Reference: 2~a review plans identified as a New Site Plan with a December 16, 2003 Planning & Zoning date sram DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. UTILITIES Comments: 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is ~reater (CODE, Section 26-16(b)). 3. 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. 4. Utility construction details will not be reviewed for construction X acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 5. Please note that changes or revisions to these plans may generate additional X comments. Accel>tance of these plans durin~ the TRC l>rocess does not Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ensure that additional comments may not be generated by the Commission and at permit review. 6. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 7. Every exterior wall within 15 feet of a property line shall be equipped with X approved opening protectives unless specifically excepted per the 2001 FBC, Section 705.1.1.2. Show compliance at time of permit application. 8. 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. 9. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 10. Add to the building that is depicted on the drawing titled site plan and floor X plan a labeled symbol that identifies the location of the handicap accessible entrance doors to the building. 2001 FBC, Sections 11-4.1.2 and 11-4.3. 11. As required by the CBBCO, Part III titled "Land Development X Regulations", submit a site plan that clearly depicts the setback dimensions from each property line to the leading edge of the building. The leading edge of the building begins at the closest point of the overhang or canopy to the property line. Indicate setbacks on Sheet C 1.1 12. 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: 13. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 14. 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) 15. The dimensions of the handicap accessible showers shall comply with 2001 X FBC, Section 11-4.21.1 through 11-4.21.8. The dimensions of the shower stalls shall be either 36 inches by 36 inches, or 30 inches by 60 inches DEPARTMENTS INCLUDE REJECT minimum. Indicate shower stall sizes on the plans. 16. A hood is required over the stove per 2001 Florida Mechanical Code, X Section 507.1.2. The installation shall comply with 2001 FMC, Chapters 505, 506, 507, 508, 509. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Landscape Plan-Plant List Sheet L2.1 17. The applicant must indicated on a landscape plan the existing trees / X vegetation that will be preserved, relocated, and removed / replaced on the site. A separate symbol should be used on the landscape plan to identify these trees / vesetation. 18. The landscape design should identify the City signature trees (Tibochina X granulosa) at the project ingress/egress locations. [Environnemental. Re[;ulations, Chapter. 7.5, Article II Sec. 5.C.3, N.] 19. The applicant should show the calculated 50% native species of trees, X shrubs and ~round cover plants. PLANNING AND ZONING Comments: 20. Since the overhead bay doors must be oriented towards Federal Highway, X these doors should not be the typical industrial style product. They should be architecturally enhanced, aesthetically pleasing, painted to blend with the building and accent the architecture of the building. Additionally, a Community Design Plan Appeal (CDPA) application must be submitted by the applicant concurrent with the site plan. The appeal should indicate the necessity to orient the bay doors as proposed and how the applicant is attempting to mitigate their appearance through design, landscaping or other measures. Site plan approval shall be contingent upon Commission approval of the CDPA. 21. All equipment placed on the walls of the structure shall be painted to match ] X I the structure. I I 22. On the landscape plan, ensure that the plant quantities match between the I X I tabular d_~t__a and the graphic illustration. I I ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None X Conditiom of Approval 4 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ on #4\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME · Fire Station APPLICANT'S AGENT: David Stump and David Lui APPLICANT'S ADDRESS: 100 East Boynton Beach Blvd., Boynton Beach, FI 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2004 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: Request Community Design Plan Appeal approval for a fire rescue building with the apparatus bay doors facing Federal Highway 1919 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant v'" HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applica~'s application for relief is hereby ~"GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk I I in. = 200.0 feet C3 C3 ¸C3 LOCATION MAP FIRESTATION #4 EXHIBIT "A" ° I EXHIBIT "B" EXHIBIT "B" , . ~_ EX. HIBIT "B" EXHIBIT "C" Conditions of Approval Project name: Fire Station #4 File number: CDPA 03-003 Refere A lication received 11-5-03 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY RECEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. None ~ X S:\PlanningLPlanning Templates\Condition of Approval 2 page revised 2003 form.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Delray Academy APPLICANT'S AGENT: Mr. Marty Madura with Advanced Modular Structures, Incorporated AGENT'S ADDRESS: 1911 Northwest 15th Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 20, 2004 TYPE OF RELIEF SOUGHT: Request conditional use / new site plan approval to construct a 8,640 square foot modular building for a charter school a 0.87-acre lot in the R-2 zoning district LOCATION Of PROPERTY: The northwest comer of Martin Luther King Jr., Boulevard and Railroad Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO 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 Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applica. nt ,,,/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,..,'""GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED: S:~Planning~SHARED\WP~PROJECTS~Boynton Delray Academy\COUS\DO.doc City Clerk 2 4 C2 ~ LOCATION MAP .... BOYNTON DELRAY ACADEMY i !ii,i *' ' ' EXHIB'IT "B" :,~lllillr lli~ t[tL~ 'II BUILG~fG ELEVATIONS DELRAY BOYNTON ACADEMY Ilartkl lather King Bodevird I I I i i ! i i I I I i I I I I I I I I I I I I I I I I I I I ! ! FLOOR PLANS DEI.RAY BOYNTON ACADEMY Marth Le~h®r King BoMev,,;d :'EXH)B!T 'B" i EXHIBIT "C" Conditions of Approval Project name: Boynton Delray Academy File number: COUS 03-008 Reference: 2~a review plans identified as a Conditional Use with a November 18, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Engineering. 2. Provide additional fight-of-way along the east property line so that the X sidewalk is within the public fight-of-way. 3. Provide appropriate signing at the intersections of NE 11th Ave./Railroad X Ave. and MLK Blvd./Railroad Ave. designating this a one-way southbound roadway. 4. Provide additional right-of-way along the north property line and widen the X roadway to a minimum paved width of 24 feet and place the sidewalk within the public right-of-wa), in accordance with Standard Detail P-1. ENGINEERING DIVISION Comments: 5. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 6. 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. 7. Sidewalks adjacent to parking lots shall be continuous through all driveways X and shall be six (6) inches thick within driveways (LDR, Chapter 23, Article II, Section P). 8. Full drainage plans in accordance with the LDR, Chapter 6, Article IV, X Section 5 will be required at the time of permitting. 9. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design COA 01/22/04 2 DEPARTMENTS INCLUDE REJECT Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 10. Palm Beach County Health Department permits may be required for the water X 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. 11. 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)). 12. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 13. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 14. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. 15. 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. 16. The LDR, Chapter 3, Article IV, Section 3.0 requires Master Plans to show X all utilities on or adjacent to the tract. The plan must therefore show the point of service for water and sewer, and the proposed off-site utilities construction ~ needed in order to service this project. 17. The LDR, Chapter 3, Article IV, Section 3.P requires a statement be included X that (all other) utilities are available and will be provided by the appropriate agencies. This statement is lacking on the submitted plans. COA 01/22/04 3 DEPARTMENTS INCLUDE REJECT 18. PVC material not permitted on the City's water system. All lines shall be X DIP. 19. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 20. Water service to the site will not be allowed from the existing 20-inch water X main in Railroad Avenue. Service shall be via the existing 6-inch water main located on the south side of Martin Luther King Boulevard. 21. All utility construction details shall be in accordance with the Utilities X Department's "Utilities Engineering Design Handbook and Conslxuction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DMSION Comments: 22. 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. Sheet E-1 - Light poles shall also be designed for compliance with wind load requirement of 2001 FBC, Section 1606. 23. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. Indicate water source on the plan. 24. A water-use permit for the irrigation system is required from the SFWMD. A X copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 25. At time of permit review, provide a completed and executed CBB Unity of X Title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions, of each property that COA 01/22/04 4 DEPARTMENTS INCLUDE REJECT is being unified, is required to be submitted to process the form. The property owner that is identified on each deed shall match. 26. This is a manufactured building. Submit copies of plans that have been X approved by a State certified third party plan review and inspection agency per 2001 FBC, Section 428 and F.A.C., Rule 9B-1. 27. Submit setup/tie-down details to ensure the manufactured building complies X with the wind load requirements of 2001 FBC, Section 1606. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 28. Approval of this project is contingent upon the approval of the accompanying X request for the abandonment (ABAN 03-012). 29. Staff recommends that a period of one (1) year be allowed to obtain a X building permit for this project. 30. For the Martin Luther King, Jr. Corridor, the Heart of Boynton Master Plan & X Schematic Designs recommends specific uses, building massing, and architectural design guidelines. In particular, it recommends a "Floribbean" architectural style. Therefore, staff recommends incorporating more "Floribbean" design elements into the architecture of the building. 31. If approved, a Unity of Title would be required prior to the issuance of a X building permit. 32. Provide an itemized list of the areas (expressed in square feet) of each use of X the classroom, office, bathrooms in either the site plan (sheet SP-1) tabular data or on the floor plan (FP-1), 33. A traf~c impact statement for the proposed use must be approved by the Palm X Beach County Traffic Division prior to the issuance of a building permit (Chapter 4. Section 8.F.). 34. Ail signage is subject to review and approval of the Community X Redevelopment Agency and City Commission (Chapter 4, Section 7.D.). COA 01/22/04 5 DEPARTMENTS INCLUDE REJECT Since no signs are proposed at this time, all future signage would require a major site plan modification. The cumulative area for all wall signs shall be in compliance with Chapter 21, Article IV, Section 2.B. 35. The signature trees (yellow tabebuia) shall have a minimum of eight (8) feet X of clear trunk to preserve the clear sight area. 36. Staff recommends that the exterior finish of the dumpster enclosure match X that of the required buffer wall and that the proposed color match the color of either the buffer wall or the main building. 37. Staff recommends that a row of 24-inch tall hedges be installed along the base X of the proposed buffer wall (on its east side). The developer may choose the species provided that the 50% native species limitation is maintained throughout the project. 38. Provide a detail of the six (6) -foot high buffer walls. Staff recommends that X at the time of permitting, the applicant would be required to submit a detail of the wall. Its appearance would be subject to review and approval of the Planning & Zoning Division. Provide a decorative end-cap to six (6) foot wall terminus at entrance off of Northeast 11th Avenue, such as a pillar or column with a decorative top-cap. Also, staff recommends that the color of the wall be the same or compatible with the dumpster enclosure and / or the proposed building. In any case, the wall must be setback at least two (2) feet from the property line (Chapter 2, Section 4.L.). ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of December 9, 2003 CRA meeting: 39. Tabled to January 12, 2004 CRA meeting, staff to work with the applicant to X improve the project design, which includes building aesthetics (to properly reflect the gateway location to the MLK Corridor and Heart of Boynton Redevelopment Plan Design recommendations), and improve the vehicular stacking related to the student drop-off area, if possible, minimizing the impact on Railroad Avenue. 40. The applicant is to request that the School Board allow the City's CRA Board X the £n-st right of refusal should the Charter School fail and the property ownership reverts to the School Board. If the City Commission approves the application as submitted, the Board requests the above referenced items be conditions of the City Commission's approval. COA 01/22/04 6 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments of January 13, 2004 CRA meeting:: 41. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 42. Omit condition //30 and approve the project as amended by the revised X elevation drawings presented at the Public Hearing on 1/20/04 and dated/date stamped 1/20/04, subject to any comments from staff. MWR/elj S:\Planning\SHARED\WP\PROJECTS\Boynton Delmy Academy~COUS\COA.doc EXHIBIT D DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME - Boynton Delray Academy APPLICANT'S AGENT: Mr. Marty Madura with Advanced Modular Structures, Incorporated APPLICANT'S ADDRESS: 1911 Northwest 15a Street Pompano Beach, FL 33069 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 16, 2003 TYPE OF RELIEF SOUGHT: Abandon a five (5)-foot wide alley between the north and south parcels LOCATION OF PROPERTY: The northwest comer of Martin Luther King Jr., Boulevard and Railroad Avenue DRAWING(S): SEE EXHIBIT "B' ATTACHED HERETO. THIS MA'i-rER 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 Community Redevelopment Agency Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant K HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit 'C" with notation "lncluded". The Appli.cant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED o This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: I -- c~;~-O L~. S:~Planning~HARED\WI~PROJECTS~Boynton Delray Academy~ABAN~)O.doc City Clerk C2 ·' 'LOOATION ' MAP EXHIBIT -BOYNTON DE~RAY ACADEMY DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, a municipal corporation, under the laws of the State of Florida, does hereby abandon 5-foot wide alley, which runs west of N. Railroad Avenue located between N.E. l0th and N.E. 11th Avenue, and more particularly described in the attached Exhibit "A". IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Florida, have hereunto set their hands and affixed the seal of the City this __ r of January, 2004. CITY OF BOYNTON BEACH, FLORIDA Prainito Clerk Kurt Bressner, City Manager anuary, 2004. I i S:~CA~Ordinances~Abandonments~Abando~ -5 Ft ROW DF FLORIDA ) )SS.' OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Ilanet Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach, [lorida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their flee hand and deed as ~uch officers, for the uses and purposes mentioned therein; that they affixed thereto the I~)fficial seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this ~ day of NOTARY PUBLIC, State of Florida My Commission Expires: NE 10th and NE 11th.doc EXHIBIT "A" A 5-foot alley lying in Block B of Meeks and Andrews Addition to Boynton, as recorded in Plat Book 5, Page 84, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: A 5-foot wide alley running which runs west from N. Railroad Avenue between NE 10t~ Avenue and NE 11th Avenue in said Block B. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-288 TO: THRU: FROM: DATE: SUB3ECT: Chairman and Members Community Redevelopment Agency Board Michael W. Rumpf Planning and Zoning Director Eric Lee.lohnson, AZCP ~ Planner December 1, 2003 Boynton Delray Academy (ABAN 03-012). Abandonment of a five (5) foot wide fight-of-way (alley) NATURE OF REOU-F~I' Mr. Marry Madura, agent for the applicant is requesUng to abandon the 5-foot wide alley located between the north and south parcels of the project known, as Boynton Delray Academy (COUS 03-008). This request to abandon the alley was submitted on October 15, 2003. It is described as follows: A portion of the South 5 feet, less the F.E.C. Railway, MEEKS AND ANDREWS ADDZT[ON TO BOYNTON, according to the Plat thereof; as recorded in Plat Book 5, Page 84 of the Public Records of PALM BEACH COUNTY, FLOR[DA, being more particularly described as follows: Commendng at the Southwest comer of the East 300 feet of BIock"B"; thence East, along the South line of Block "B", a distance of 116.50 feet to the POZNT OF BEGINNING; thence East 116.90 feet to a point of int~rsecUon of the Westerly right-of-way line of Railroad Avenue; thence South 07047'02'' West, along the said Westerly right-of-way !ine, a distance of 5.05 feet; thence West, along the Southerly line of said MEEKS AND ANDREWS ADDITZON TO BOYNTON, a distance of 116.49 feet to a point, thence North 03o09~3', East, a distance of 5.01 feet to the POINT OF BEGINNING. Said lands containing 583.481 square feet / 0.0134 acres + (mom or less). The IocaUon map attached as Exhibit "A" shows the general vidnity of the alley and the subject property. The attached F_-xtiibit"B"- shows the predse limits of the existing utility easement to be abandoned. 'The following is a descripUon of the zoning districts and land uses of the pmperUes that surround the subject North: Right-of-way for Northeast 11~ Avenue, then farther north is vacant residential property. zoned R-2; Right-of-way for Northeast 10~ Avenue, then farther sOuth is developed commercial property (King's Caf&) zoned C-2; Right-of-way for Railroad Avenue, then farther east is right-of-way for the Rodda East Coast Railroad; and West: Vacant commerdal and residenUal properties zoned C-2 and R-2. Page 2 Memorandum No. PZ 03-288 ABAN 03-012 BACKGROUND The two (2) parcels that comprise the Boynton Delray Academy project surround the subject alley on both of its sides (north and south). The proposed project (COUS 03-008) consists of a charter school and related site Improvements. As proposed, improvement of the lots would require the successful abandonment of the alley that dissects the middle of the property in an east / west direction. When a dght-of-way~ such as this alley, is abandoned, the ownership of the abandoned land is transferred from the City of Boynton Beach to the abutting property owner(s). Typically, two (2) or more property owners would be affected by the abandonment. This is because the right-of-way is dMded in half; each half conveyed to the abutting property owners. Pursuant to Chapter 22, Artide L[[, Section 4, public noUce was given to the property owners that abut the alley to be abandoned, all utility companies have been notified and the request has been advertised in the newspaper. [n this case, the Boynton Delray Academy is the sole property owner of both lots (north and south) that abut the subject alley. Obviously then, the Cib/has not received any letters of objection from the abutting owners. However, a summary of the responses from the utility companies and dty staff is noted as follows: C3'[Y DEPARTMENTS/D[V[SZONS Engineering Public Works/Utilities Planning and Zoning No objection No objection Approval with conditions (see Exhibit "C"- Conditions of Approval) PUBLIC UTILITY (COMPANIES Rodda Power, and Ught - Bell South - Rorida Public U1JIitles Company - Cable Company (Adelphla) - No objection No response (see Exhibit ~C'- CondiUons of Approval) No response (see Exhibit "C:"- Conditions of Approval) No objection The Englneering Division of Public Works has preliminarily reviewed and approved this request for abandonment. No tfdlitles have been found within this right-of-way. However, any Issues that arise in the future would typically be addressed during the Ume of Hatting. As of the date of this report, no response has been received yet from Bell S0u~ or the Rodda Public Utilities Company. RECOPlPlENDATXON Staff is recommending approval of this request to abandon the 5-foot wide alley given the lack of Public necessity as determined by staff, contingent upon satisfying all comments in the conditions *of *approval, Any additional (x)nditions required by the Community Redevelopment Agency and / or the City Commission will be placed in Exhlbit ~ - CondiUons of Approval, xc: Central File 1 in. = 125.0 feet C2 i' LOCATION MAP-" -BOYNTON DEL'RAY ACADEMY EXHIBIT "B" SKETCH OF LEGAL LEGEND: G]~LPRIC P.O.C. = POINT OF COMMENCEMENT P.O.B~ -- POINT OF BEGINNING · R,/W = RIGHT-OF-WAY (mrs) ~ ADOITION 1~ BO'II~'ON (P.B. 1, PG. 125, P.B.C.R.) OF R/W .~- CERTIFICATE~ I HEREBY ~ 1HAT 'IHE AFl'ACHED SRETCH C~' LEOAL  10-14--05 PAUL A, DA~IS .... P.L.S. ;t DAVIS dc PURMORT, INC. IL. amd ~u'weTors · Land Development. Consult. ants . P!A,ners e~ SoLrrHE.,~ at~ AVE,U£-- O~a.O eEACH. ~_ Z.~**~ Phon~: (9,54.) (21-..-9101 & (954) SSe--9101 fox: (~54.)6~s-;722 · ;ub(llvloione s~= Condomlnlurtete Lend ~ Site Plc=nning SCALE: 1' = 50' DRA H~/ BY:. N.L.R. DA TE: 10--14--05 JOB NO:. 05--1197 F.e./PO. N/A SHEET NO. 2 OF' 2 EXHIBIT "B" LEGAL DESCRIPTION: THE' FOLLOWING DESCRIBED PARCEL OF LAND IS FOR A VACATION OF RIGHT-OF-WAY, A PORTION OF THE SOUTH 5' FEET, LESS THE F.E.C. RAILWAY, MEEKS AND ANDREWs ADDITION TO BOYNTON, ACCORDING TO THE PLAT THEREOF; AS RECORDED IN PLAT BOOK 5,. PAGE 84. OF THE' PUBLIC RECORDS 'OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED 'AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST ,300' FEET OF BLOCK "B"; THENCE EAST, ALONG THE SOUTH UNE OF BLOCK "B", A DISTANCE OF 116.50' FEET TO THE POINT OF BEGINNING; THENCE EAST 116.90' FEET TO A POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF RAILROAD AVENUE; THENCE' S07°4.7'02"W, ALONG THE SAID WESTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 5.05' FEET; THENCE WEST, ALONG THE SOUTHERLY LINE OF SAID MEEKS AND ADDITION TO BOYNTON,. A DISTANCE OF 116.4.9' FEET TO A POINT; THENCE NO3'O9'25"E, A DISTANCE OF 5.01' FEET TO THE POINT OF BEGINNING.. SAID LANDS CONTAiNiNG 583.481 SQUARE FEET/O.0154 ACRES MORE OR LESS. DAVIS & PURMORT, INC. SCALE: I'= ,50' DRA #~/ BY.' N. LR. DATE: * 10'-14-0.:3 JOB NO:'. 0-,3--1197 r.a./pc.. ./^ EXHIBIT "C" Conditions of Approval Project name: Boynton Dekay Academy File number: ABAN 03-012 Application received October 15, 2003. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X IJTILITHg$ Co~m~ents: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BIJILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZON-I~G Comments: 1. Approval of this abandonment request is contingent upon the approval of X Bellsouth and the Florida Public Utilities Company. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Obtain a title opinion (ownership and encumbrance report) from a title X company that reflects public ownership. PRIVATE UTH JTIES Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 3. None X ADDITIONAL CITY COMMISSION CONDITIONS comments: 4. To be determined. S:~°Iannlng~SHARED~WP~PROJECTS~oymon Delray Acad~oA.doc 2/3 & 2/4 2/7 2/8 2/15 2/21 2/22 2/27 2/27-29 2/28 2/29 2004 HeritageFest Schedule of Events* Walker Bros. Circus 5:30 & 7:30 P.M. Story HOur Essay Oratory Spelling Bee Book Fair 12:30-1:30 P.M. 1:30-2:30 P.M. 2:30-3:30 P.M. 1:30-4:00 P.M. Coronation 3:00 P.M. Family Bowl 4:00 P.M. Youth B-ball Tournament Art, Science Fair 8:00 A.M. 12:00-4:00 P.M. Youth B-ball Final Youth Awards Banquet 10:00 A.M. 6:00 P.M. Carnival Caribbean Celebration 6:00 P.M. 6:00 P.M. Carnival 6:00-11:00 P.M. (Open during day time hours Sat. & Sun.) Parade Festival on the Lawn Old School Dance Party (Featuring Peaches & Herb) 11:00 A.M. 1:00-7:00 P.M. 7:00-11:00 P.M. Gospel/Art Explosion 3:00 P.M. Fashion Show/Spoken/Word Hester Center Library Program Room Library Program Room Library Program Room Library Lawn Holiday Inn Catalina AMF Lanes Hester Center Gym Boynton Beach Mall Hester Center Gym Holiday Inn Catalina MLK Blvd. MLK Blvd. Hester Center Seacrest Blvd. Hester Center Hester Center Hester Center *as of 12/29/03 !/20/04 From: Herb Suss To: Boynton Beach Commissioners Re: Items for consideration 1. Allow Boynton Beach citizens to serve on more than one advisory board. We all know that the commissioners cannot fill all the slots because of the lack of candidates. 2. Consider charging non-residents of Boynton Beach a fee for the use of our Senior Center. 3. On Woolbright Road between Knuth Road and Congress Avenue (the entrance to the city), add trees and plantinss to the center dividers, the same as the other main roads leading into the city have. mm m ,! m t- m 0 Z BUILDING ELEVATIONS DELRAY BOYNTON ACADEMY Martin Luther King Boulevard Boyntofl Beach, Florld~ BARDEN PLANNING, INC. 11 Land IJse - ZoninG - Environmental 37 SW 6252 Ice Cube SW 6253 Olympus White SW 6254 ~lt Lazy Gray ice Cube : t Base xt Base Olympus White !nt Base Ext Base SW 6252 Extra V,'hJte Extra LR/ 77 SW 6253 Extra White Extra White LRV 68 Lazy Gray Iht Base Ext Base SW 6254 Extra White Extra White LRV 54 Morning Fog Iht Base Ext Base SW 6255 Extra White Extra White LRV 41 Serious Gray Int Base Ext Base SW 6256 Deep Deep LRV 23 Gibraltar Int Base Ext Base SW 6257 Deep Deep LRV 13 Tricorn Black Int Base Ext Base SW 6258 ColorAccents UJtradeep Ultradeep LRV 2 I ! For interior use only P Optimum color results are achieved using the designated Color-Prime. Optimum color results are achieved in gallon size only. LRV J Light Reflective Value. Some colors limited to select product lines. Samples approximate the actual paint color www. sherwin-willia ms cam 1-800-4SHERWIN ©2001 The Sherwin-Williams Company 657 1368 CS 9/01 HAWAIIAN BLUE CRIMSON RED FERN GREEN BURNISHED SLATE KOKO BROWN AZTEC GOLD CHARCOAL GRAY ASH GRAY SADDLE TAN DESERT SAND POLAR WHITE RUSTIC RED LIGHT STONE COLONY GREEN 11~, GALLERY BLUE HERITAGE BUILDING SYSTEMS 800/643-5555 Commercial- Industrial Colors All colors shown except Crimson Red contain not more than .06 percent lead. Use this color only for applications which comply with federal, state and local regulations for lead-based paint. 20 Year warranty not available for Crimson Red. 4-03/25M