Minutes 01-03-06
MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD ON TUESDAY, JANUARY 3, 2006 IN COMMISSION
CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Carl McKoy, Vice Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
Michael Cirullo, Assistant City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:32 p.m. IN the absence of Rev. Riccardi, Mayor
Taylor gave the invocation and led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner McCray moved to approve the agenda. Vice Mayor McKoy seconded the motion.
The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray wished staff and the citizens a healthy, happy and prosperous New Year.
He announced the Boynton Beach Choral Group received a $10,000 check from Donald Trump
for their trip to perform at Carnegie Hall in New York City. Commissioner McCray challenged
the Chamber of Commerce and the City to support them as much as possible also. He also
asserted he had received several letters requesting the Commission do more to resolve the
issue of a marquee in Quantum Park for the Boynton Beach High School. Commissioner McCray
indicated he felt the Commission had done all it could do and noted there is currently a lawsuit
pending.
Meeting Minutes
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Boynton Beach, FL
January 3, 2006
Mayor Taylor agreed the marquee is on private land and the dispute is between Quantum Park
and the Palm Beach County School Board. Although repeated efforts have been made by the
City to assist in resolving the issue, the City cannot direct either party to comply.
III. ANNOUNCEMENTS, COMMUNITY 8< SPECIAL EVENTS, 8< PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
1. Heritage Festival - February, 2006 -- Month-long celebration of Black
History Month that informs the public of the ties that bind the African-
American community together through the enjoyment of arts, education
and pride in African-American accomplishments and heritage - Weekends
in February.
Wayne Segal, Public Affairs Director, spoke on behalf of the Heritage Fest Committee and
reminded everyone next month is Black History Month and the Heritage Festival. Some events
planned are the Walker Brothers Circus, an academic contest, Art in the Park, soccer
tournament and an awards banquet. More information will be forthcoming.
Vice Mayor McKoy inquired if a parade was included and Mr. Segal responded it was being
planned. Commissioner McCray hoped the City would work with the Committee to help it be a
fun-filled event. He noted each Commissioner had something planned for their respective
districts.
C. Presentations:
1. Proclamations:
a. Dr. Martin Luther King, Jr. Day - January 16, 2006
Mayor Taylor read the Proclamation for Dr. Martin Luther King, Jr. Day on January 16th and
presented it to Rev. Anthony Reed.
2. Presentation of Commendation awarded to Mr. & Mrs. Charles Hardy for
their work and efforts with the City's Community Emergency Response
Team Program (CERT)
James Ness, Deputy Fire Chief, presented Mr. and Mrs. Charles Hardy with a Certificate of
Appreciation for their work in the Community Emergency Response Team Program over the
past several years. The couple was responsible for the rapid expansion of the CERT group in
Leisureville becoming the largest and most active team. Mr. and Mrs. Hardy will be relocating
to north Georgia soon.
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3. Presentation of Award for Dedicated Service to Reverend Anthony Reed,
Pastor of St. Paul AME Church
Mayor Taylor along with Commissioner McCray presented Rev. Anthony Reed, Pastor of St. Paul
AME Church with a Certificate of Appreciation for his dedicated work within the City from May
2002 thru December 2005. Mayor Taylor expounded Rev. Reed's many accomplishments
during his tenure. Rev. Reed has been promoted and assigned to a church in Richmond
Heights, Miami and will be truly missed in Boynton Beach. Commissioner McCray congratulated
the Pastor, his wife and new son and felt honored to have had the opportunity to work with
Pastor Reed. He welcomed the new pastor to the City.
Rev. Reed thanked the City for the award and felt blessed to have been able to make Boynton
Beach his home for the past three years. He hoped the Commission would continue to make
the right decisions to accelerate the growth of the City. He gave special thanks to Mayor
Taylor, Vice Mayor McKoy, Commissioner McCray and Kurt Bressner for their assistance. Rev.
Reed also introduced the new pastor, Reverend Antoine Elwood. Mayor Taylor welcomed Rev.
Elwood to the City of Boynton Beach.
. Mayor Taylor presented Vice Mayor McKoy with a plaque for five years of membership
by the City of Boynton Beach in the National League of Cities. He thanked Vice Mayor
McKoy for having met the many challenges and his commitment to fulfilling the goals of
the City of Boynton Beach working with the National League of Cities. Vice Mayor
McKoy asserted it was a pleasure to serve and to continue representing the City.
4. Status report on Wilson Center Construction Project - Wilfred Hawkins &
Wally Majors.
Mr. Hawkins outlined the purpose of the presentation was to give a realistic view of the Wilson
Center project. Wally Majors, Recreation and Parks Director, asserted the project covers less
than four acres in the northeast quadrant of the City. The master plan includes not only a new
community center, but also improvements to the park and a new pool. Mr. Majors outlined the
details of the Community Center. He reviewed the original costs and projected the current cost
to be $7.7M. Mr. Majors noted there are optional upgrades to the pool building for enhanced
compatibility, taking into account CIP funding. Jody Rivers, Parks Superintendent, offered two
options to help curb costs which are construction management risk and/or the hiring of an
independent construction manager. Using the construction management risk method, a general
contractor or construction manager is hired through a qualification process who negotiates a
guaranteed maximum price. The construction manager would be responsible for any overrides.
An independent construction manager could be hired at an hourly rate or percentage of the
project, who would act as an agent on behalf of the City to achieve the project's objectives in a
timely and cost effective manner.
Commissioner Ensler asked where the authority had been derived to design a project $2M more
than the Commission had authorized. Mr. Hawkins responded the figures submitted reflected
the current increased construction costs. He stressed the pool was designed in conjunction
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with the Commission's recommendations. Commissioner Ensler reiterated the pool was not the
problem. Mr. Hawkins enumerated the increases associated with the current projection.
Mayor Taylor inquired if more items had been added to the project to account for the additional
costs. Mr. Majors replied most of the increase was consistent with the escalation in the cost of
materials. Commissioner Ensler suggested the same problem arose with the Library and cost
cutting measures were taken to alleviate the cost increases. Mr. Hawkins emphasized the
prioritization of the crp budget will need to be reviewed. He felt after the crp budget was
completed, recommendations for funding the project could be ascertained. Commissioner
Ensler suggested meeting with the architects to find ways to reduce costs.
Commissioner McCray admonished the Center was originally built in 1958 and the pool was built
in 1960. Revitalizing these structures in District II should be a priority and should not be
subject to cost cutting measures in his view. Commissioner Ensler alleged he had supported
the project two years ago and continues to endorse the completion of the project. He
continued to maintain the costs should be contained. Commissioner McCray asserted the
project has been neglected and should be given top priority.
Mayor Taylor summarized the presentation was just to inform the Commission of the project
cost. Mr. Hawkins concurred with Mayor Taylor.
Herb Suss, Wood Fern Drive, contended the citizens need to be apprised of where the
additional monies would come from for the Wilson Center and the Library. Mr. Suss withdrew
his offer to review the pool design plans.
Mr. Bressner commented the pool had not been designed as yet. Only preliminary estimates
have been submitted at this time. He acknowledged there would be an opportunity for valued
engineering on all projects. It was anticipated that the scope of the projects would not be
modified or any functionality eliminated. He emphasized the architect has a responsibility to
present all options. Mayor Taylor recognized material and construction costs have escalated.
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission)
Jarvis Prince, 432 NW 13th Avenue, read a memo he had sent to the City Manager in March
of last year questioning if it was proper for a Commission member to use political influence to
threaten the employment of a City employee. Mr. Prince provided copies of all information he
was presenting, a copy of which is on file in the City Clerk's office. Mr. Prince read from a
section of the Charter relating to disorderly conduct of Commission members and the vote
required to expel a member for improper conduct of office. Mr. Prince requested Commissioner
McCray step down citing interference in his personal life and harassing him on the job by
sending detectives to his workplace. Mr. Prince alleged he had sent three complaints to the
Commission on Ethics in Tallahassee relating to Commissioner McCray's involvement in
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harassing him at his job. Mr. Prince asked
consideration, realizing a 4/5ths majority is
Commission.
the Commission to take the matter under
required to remove a member from the
Commissioner McCray contended the matter had been formalized before the Commission on
Ethics and the City Attorney had also been informed. He did not wish to make any statement.
Lisa Landis, 620 NE 20th Lane, expressed her disappointment with no progress being made
on the marquee issue for the Boynton Beach High School. She again requested the City have a
sign erected as it had been over four years.
Eric Johnson, representing Lakeview Baptist Church, 2S99 N. Swinton Avenue,
Delray Beach, announced a fund raising event on February 4th called Bike for Relief, to be
held at the Children's Schoolhouse Museum in Boynton Beach. The event was an 11 mile bike
ride to raise money for hurricane victims. He asked the Commission for their help with a
donation and asked for participants to ride in the event. The entrance fee is $25 and the event
goes from 8 a.m. to noon. All monies raised will go to existing disaster relief units.
Mayor Taylor wanted clarification on which hurricane and the victim's whereabouts. Mr.
Johnson replied the monies would go to the disaster relief fund and the Church will allocate the
monies locally or abroad. Mayor Taylor held many families locally need help from the hurricane.
Mr. Johnson clarified the funds were for immediate reaction and response to disasters.
Brochures were handed out, a copy of which is on file in the City Clerk's office.
Kevin Scully, 941 Brookdale Drive in Boynton Isles, purported he has lived on a narrow
canal for over nine years. Large lifts have been constructed along the canal limiting both his
view and his ability to navigate the canal. Mr. Scully's neighbor at 930 Brookdale Drive has
requested of the Army Corps of Engineer to build a pier down the middle of the canal which will
impede his ability to access the sea wall. He asked for help in persuading the Army Corps of
Engineers not to grant the application. Mr. Scully had called Code Enforcement when piles
were delivered to be set without a permit. Any help would be appreciated by Mr. Scully.
Commissioner Ferguson asked staff if the 25% Ordinance would take priority over the Army
Corps of Engineers. Quintus Greene, Director of Development, answered the City relies upon
the Army Corps of Engineers since they have jurisdiction. Mr. Scully felt if he was forced to
appeal any approval, he would be disadvantaged in the process. Mr. Greene pointed out a
permit could not be issued prior to the Corps of Engineers' approval. Mr. Scully noted the Army
Corps of Engineers had already acknowledged there is a navigational issue.
Commissioner Ferguson remembered the Ordinance was based on the recommendation of the
Army Corps of Engineers and if the approval was granted, then the City Ordinance would apply.
Scott Blaise, Code Compliance Administrator, clarified the Code had been amended to coincide
with other jurisdiction regulations. Mr. Scully's situation would be unique because it is on the
end of the canal. The request would bisect the canal creating a potential navigation problem
that would not be a Code violation as the City does not have jurisdiction. Mr. Scully alleged the
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matter raises many issues including safety, on an investment property for the owner that
depreciates his property.
On another matter, Mr. Scully thanked all the departments who have helped him make his
restaurant business a success. He commended the Fire Department for their quick response to
an emergency on his premises recently.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
IV McKoy Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06
II McCray Adv. Bd. On Children & Youth Reg 1 yr term to 4/06 (2)
III Ferguson Adv. Bd. On Children & Youth Reg 1 yr term to 4/07 (2)
Mayor Taylor Cemetery Board Alt 1 yr term to 4/06
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/06
IV McKoy Code Compliance Board Alt 1 yr term to 4/06 (2)
Mayor Taylor Community Redevelopment Agency Reg 4 yr term to 1/10
Mayor Taylor Education Advisory Board Alt 1 yr term to 4/06
III Ferguson Library Board Alt 1 yr term to 4/06
IV McKoy Veterans Advisory Commission Alt 1 yr term to 4/06
Motion
Vice Mayor McKoy moved to appoint David Buckner as an Alternate on the Veterans Advisory
Commission. Commissioner Ferguson seconded the motion. Motion passed unanimously.
IV
McKoy
Employees' Pension Board
Reg
3 yr term to 4/08 (2)
All appointments were tabled with the exception of the alternate for the Veterans Advisory
Commission.
VI. CONSENT AGENDA:
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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 - December 2, 2005
2. Regular City Commission Meeting - December 6, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Award the "TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES" Bid #009-2110-06/JA, to Staffing Connections/Action Labor,
for an estimated annual expenditure of $261,000.00. (Proposed
Resolution No. R06-001)
Vice Mayor McKoy pulled item VI.B.l for discussion.
2. Award the "CO-OP CHEMICALS AND FERTIUZER" Bid #016-1411-06/0D
to various vendors based on the lowest, most responsive, responsible
bidders who meet all specifications, with an estimated expenditure of
$134,152.48
3. Approve the "Surplus Vehicle/Equipment List" consisting of 47 items as
submitted by Public Works/Fleet Maintenance and allow for sale of same
4. Rescind the contract of "DESIGN & CONSTRUcrrON ADMINISTRATION
SERVICES FOR THE FIRE ALARM SYSTEM UPGRADES AND
REPLACEMENTS FOR THE CITY OF BOYNTON BEACH", RFP#019-2413-
03/KR that was approved by Commission on May 6, 2003 to Systech
group, Inc. of Reston, VA. Action will save City $16,200.
C. Resolutions:
1. Proposed Resolution No R06-002 Re: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with James and Grace Broz for the property at 4840 Palo Verde
Dr., Boynton Beach, FL. (Cypress Creek Dev. (UNREC) TH PT OF N '12 K/A
L T 108)
2. Proposed Resolution No. R06-003 Re: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Marlaine Jean Baptiste for the property at 1043 Oleander Rd.
Lake Worth, FL. (Hypoluxo Ridge Add 2 LT 42).
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3. Proposed Resolution No. R06-004 Re: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Nancy E. Farrell for the property at 1214 Peak Rd., Lantana,
FL. (Ridge Grove Add No 1 LOT 245).
4. Proposed Resolution No. R06-00S Re: Approving and
authorizing execution of the Scope of Services (Appendix A) for the 2006-
07 Fire Assessment Work Plan with Government Services Group, Inc., at
a cost not to exceed $25,300.
Commissioner Ferguson pulled item VI.CA for discussion.
5. Proposed Resolution No. R06-006 Re: Approving and
authorizing execution of the Traffic Enforcement Agreement between the
City of Boynton Beach and Crystal Key Home Owners Association.
6. Proposed Resolution No. R06-007 Re: Approving the
execution of seven contracts for services for Community Development
Block Grant (CDBG) sub-recipients previously approved for funding on
August 2, 2005.
7. Proposed Resolution No. R06-008 Re: Approving the
State Housing Initiatives partnership (SHIP) Program Local Housing
Assistance Plan (LHAP) to increase the disaster assistance and insurance
deductible funding award for the income eligible household to $10,000
for very low, low, and moderate income households.
8. Proposed Resolution No. R06-009 Re: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Gloria A. Camacho & Blanca R. Camacho for the property at
3810 Wall Street, Delray Beach, FL (UninCorpsorated Palm Beach County)
9. Proposed Resolution No. R06-0l0 Re: Approving the
payment of $30,081.30 to ERSI, Inc. from the G.I.S. account for annual
software support
10. Proposed Resolution No. R06-0ll Re: Approving the
reclassification of the Office Assistant Senior position in the City
Manager's Office to an Administrative Secretary position
11. Proposed Resolution No. R06-012 Re: Approving and
authorizing the execution of Amendment 1 - Task Order R04-1O-002 in
the amount of $135,430 to Kimley-Horn and Associates, Inc. for
additional services for Wilson Park Center and Park
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12. Proposed Resolution No. R06-013 Re: Accepting the
Animal Services Contract for certain Animal Care & Control services
13. Proposed Resolution No. R06-014 Re: Approving and
executing the five-year extension of the U.S. LEC, INC. agreement for
long distance service for the City with an estimated annual expenditure of
$20,000. Service will provide consolidation and cost savings of
approximately $l,OOOjmo.
14. Proposed Resolution No. R06-015 Re: Authorizing
the execution of a Consent Order with the Florida Department of
Environmental Protection for a force main break at 3925 West Boynton
Beach Boulevard - OGC File No. 04-1904
15. Proposed Resolution No. R05-191 Re: Authorizing execution
of an agreement for Traffic Enforcement between the City of Boynton
Beach, FL and Nautica Homeowner's Association, Inc. (Tabled on
11/15/05)
Commissioner McCray asked to pulled item VI.C.15 for discussion.
16. Proposed Resolution No. R06-016 Re: Allowing the
consideration of a second time extension to NO! #2005-01 for the study
of the M-1 zoning district.
Commissioner Ferguson pulled item VI.C.16 for discussion.
17. Proposed Resolution No. R06-017 Re: Granting a
utility easement to Florida Power and Light Company to provide
underground electrical service to new Fire Station No. 2 on Woolbright
Road
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
1. Ocean Breeze West (NWSP 05-030) Request for site plan approval
to construct 37 fee-simple townhouse units, recreation amenities and
related site improvements on 3.44 acres in the Multi-family Residential
(R-3) zoning district.
Commissioner Ensler pulled item VI.E for discussion.
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F. Return cash bond of $1,100.00 to Codina Construction Corps. for the project
known as The Watershed
G. Accept the written report to Commission of purchases up to $100,000 for the
period of October 24 through November 22, 2005
H. Accept the written report to Commission of purchases over $10,000 for the
month of November 2005
1. Approve the "WATERSIDE VILLAGE P.U.D. Record Plat, conditioned on the
approval being the certification of the plat documents by H. David Kelley, Jr. (City
Engineer and Surveyor and Mapper)
Motion
Commissioner McCray moved to approve the Consent Agenda items with the exception of those
items having been pulled. Commissioner Ferguson seconded the motion. Motion passed
unanimously.
V1.B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Award the "TWO YEAR CONTRACT FOR SCHOOL CROSSING GUARD
SERVICES" Bid #009-211O-06/JA, to Staffing Connections/Action Labor,
for an estimated annual expenditure of $261,000.00. (Proposed
Resolution No. R06-00J)
Vice Mayor McKoy reported the League of Cities had reviewed the issue in 2004 relating to why
the municipalities were paying for school crossing guards and possible double taxation. New
information has been gathered and needs to be reviewed by all municipalities, plus further
research is still ongoing.
Motion
Vice Mayor McKoy moved to table item V1.B.1. Commissioner Ferguson seconded the motion.
Motion passed unanimously.
V1.CA. Proposed Resolution No. R06-00S Re: Approving and
authorizing execution of the Scope of Services (Appendix A) for the 2006-
07 Fire Assessment Work Plan with Government Services Group, Inc., at
a cost not to exceed $25,300.
Commissioner Ferguson believed the item was an update of previous work that could be done
internally and would vote against the resolution.
Motion
Commissioner McCray moved to approve item V1.C.4. Commissioner McKoy seconded the
motion. Motion passed 4-1. (Commissioner Ferguson dissenting.)
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V1.C.15.Proposed Resolution No. ROS-191 Re: Authorizing execution
of an agreement for Traffic Enforcement between the City of Boynton
Beach, FL and Nautica Homeowner's Association, Inc. (Tabled on
H/l5/o5)
Motion
Commissioner McCray moved to remove the item from the table. Vice Mayor McKoy seconded
the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to approve item V1.C.15. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
V1.C.16.Proposed Resolution No. R06-016 Re: Allowing the
consideration of a second time extension to NO! #2005-01 for the study
of the M-1 zoning district.
Commissioner Ferguson announced he would not vote for any more time extensions on any
studies.
Commissioner Ensler had asked for the dates certain for the matter to be heard before the
Community Redevelopment Agency and the Planning and Development Board. Mike Rumpf,
Planning and Zoning Director, advised dates had been inserted in the Resolution for the
Commission's review. Mr. Rumpf indicated the specific dates related to completion of the items
to be presented for amendments to the Code, review by the advisory boards and then first and
second readings by the Commission. All dates fell within the three months being requested.
Motion
Commissioner Ensler moved to approve item V1.C.16. Commissioner McCray seconded the
motion. The motion passed 4-1. (Commissioner Ferguson dissenting)
E. Ratification of CRA Action:
1. Ocean Breeze West (NWSP 05-030) Request for site plan approval
to construct 37 fee-simple townhouse units, recreation amenities and
related site improvements on 3.44 acres in the Multi-family Residential
(R-3) zoning district.
Commissioner Ensler inquired if the new parking layout had been received by staff as
mentioned in comment 29. Eric Johnson, Planner, reported the CRA had advised the parking
issue had been resolved and the CRA asked the comment be removed from the conditions of
approval. Commissioner Ensler's second question related to affordable housing and how it
would work. Mr. Bressner understood the concept as 10 units being set aside for affordable
housing to be deed restricted. The restriction would carry from title to title.
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Bonnie Miskel, on behalf of the applicant, added the affordable housing aspect had been tied to
the incentive agreement which would be unrelated to the site plan under consideration. She
further explained the incentives would need to be agreed upon with the CRA and the affordable
housing would be a component. The incentives and agreement had not been formulated as yet
and Ms. Miskel could only speculate.
Commissioner Ensler asked several questions relating to the resale of affordable units. Ms.
Heavilin, Chair of the Community Redevelopment Agency alleged if a unit would be sold prior to
the 20 year expiration of the deed restriction, 50% of any profit, less an inflation factor, would
be paid to the CRA or a land trust, for reinvestment in more affordable housing. The sale could
also be made to another qualified applicant for affordable housing. Ms. Heavilin clarified the
money returned to the CRA would not be a direct pay back.
Commissioner Ferguson felt the deeds should be further restricted. Commissioner Ensler
agreed and was not willing to approve the item until more specifics were known about the
affordable housing component of the incentive agreement. Attorney Cirullo advised the only
issue that could be decided was if the criteria had been met for approval of the site plan. The
affordable housing issue could not be considered.
Ms. Miskel asserted all the criteria for approval of a site plan had been met by the applicant and
that was the only issue for consideration by the Commission. Commissioner Ensler feared any
approval would set a precedent for future development that may jeopardize the entire
affordable housing objectives.
It was agreed an item should be added to the next agenda for the Legal Department to address
the issue of the Commission establishing a policy relating to affordable housing within the CRA.
Mayor Taylor concluded the CRA would be responsible to build in any appropriate protections as
an independent agency. The Commission can make recommendations only. Commissioner
Ferguson believed a nine member board was required to be established to administer the
affordable housing component and a member of the Commission would sit on that board. The
board would only be established if a community land trust was established according to Mayor
Taylor.
Motion
Commissioner Ferguson moved to approve item VLE.1. Vice Mayor McKoy seconded the
motion. The motion passed 4-1. (Commissioner McCray dissenting.)
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Approve the adjusted and agreed upon damages resulting from sewer backup to
residence of Dawn Morgan in Boynton Beach, FL in the amount of $30,749.28.
Motion
Commissioner McCray moved to approve item VILA. Commissioner Ferguson seconded the
motion. The motion passed unanimously.
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VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBliC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMIssrON
A. Project: Rapido Rabbit Carwash (COUS 05-004)
(APPLICANT HAS REQUESTED POSTPONEMENT TO THE 1/17/06 MEETING
STAFF RECOMMENDS ESTABLISHING A DATE CERTAIN TO CONCLUDE REVIEW
OF THE APPLICATION FOR CONDmONAL USE AND SITE PLAN)
Agent: Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Owner: Boynton Properties, LLC, Anthony Pugliese III
Location: East side of Congress Ave; approx. 275 feet north of SW 30th Ave.
Description: Request for Conditional Use and Site Plan approval for a 4.595
square foot automated car wash facility and related site
improvements on a 0.88 acre site zoned M-1, Industrial. (Tabled
on 12/06/05)
Motion
Commissioner Ferguson moved to remove item VIlLA from the table. Vice Mayor McKoy
seconded the motion. Motion passed unanimously.
Michael Weiner, representing the applicant, requested the item be scheduled for the February
7th meeting so all issues and concerns can be fully reviewed by staff and addressed before a
decision is made.
Motion
Commissioner McCray moved to table item VIlLA to February 7, 2006. Vice Mayor McKoy
seconded the motion. Motion passed unanimously.
B.
Project:
Agent:
Owner:
Location:
Description:
C.
Project:
Agent:
Owner:
Location:
Gulfstream Gardens Phase II (AN EX 05-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
P .B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and
Howard Britt
One quarter mile north of Gulfstream Blvd, between Federal
Highway and Old Dixie Highway
Request to annex a 3.166 acre portion of a 5.47 acre project
(Tabled on 12/6/05) (1st Reading of Proposed Ordinance
06-001 )
Gulfstream Gardens Phase II (LUAR 05-012)
Bradley Miller, Miller Land Planning Consultants, Inc.
P.B. Chinese Christian Chapel, Inc, Parbbubbal K. Patel and
Howa rd Britt
One quarter mile north of Gulfstream Blvd, between Federal
Highway and Old Dixie Highway
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Description
Request to amend the Comprehensive Plan Future Land Use Map
from General Commercial (GC), Local Retail Commercial (LCR) and
Commercial High Intensity (CH) (Palm Beach County) to Special
High Density Residential (SHDR) (Tabled on 12/6/05) (1st
Reading of Proposed Ordinance 06-002)
Description:
Request to rezone from C-3 Community Commercial and (CG)
Commercial General (Palm Beach County) to Planned Unit
Development (PUD) (Tabled on 12/6/05) (1st Reading of
Proposed Ordinance 06-003)
Proposed Use: Phase II of a multi family residential development.
Motion
Vice Mayor McKoy moved to remove items VIILB. and C. from the table. Commissioner McCray
seconded the motion. The motion passed unanimously.
1. Gulfstream Gardens Phase II (NWSP 05-028) Request for new site
plan approval to construct 110 townhouse units, recreation amenities and
related site improvements on a 5.47 acre parcel in the Planned Unit
Development (PUD) zoning district.
Attorney Cirullo administered an oath to all those testifying.
Dick Hudson, Senior Planner, pointed out items B thru G on the agenda included Land Use
Amendments for areas less than 10 acres. They are considered small scale and are adopted at
the City level before being transmitted to the Department of Community Affairs (DCA) and are
not reviewed for compliance with state, regional or local comprehensive plans prior to the
adoption.
Mr. Hudson reviewed all the requests relating to Gulfstream Gardens Phase 11. The total parcel
size is 5.47 acres and proposed use is to erect 108 units. The entire development would
contain a total of 307 units. To the north of the proposed project is the Bayfront project which
is zoned IPUD (Infill Planned Unit Development). The southerly end abuts Phase I of
Gulfstream Gardens and to the east is a county property zoned CG (General Commercial). On
the west lies Old Dixie Highway, the FEC tracks and the Seacrest Scrub area. Staff
recommended approval of the Land Use Rezoning for the following reasons:
. Consistent with the City's annexation policy
. Contiguous of property within the City of Boynton Beach
. Land Use Amendment is consistent with the Comprehensive Plan
. Consistent with the Federal Highway Corridor Plan
. Meets the criteria for review as required under the Land Development
Regulations.
Eric Johnson, Planner, presented a slide of the site plan that complied with the Land
Development Regulations, met the traffic standard for Palm Beach County and the other
14
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
requirements for concurrency. The ingress and egress submitted is on the south and staff
recommended the emergency entrance also be designated for use by residents. The parking
spaces exceeded the requirements and the landscape buffers also met the requirements. All
building setbacks were approved. Staff recommended 33 conditions of approval and requested
to amend the language of CRA condition 35 relating to the walkways to read, "provide a total of
three walkways for the entire project from the interior sidewalk to the proposed public sidewalk
along Old Dixie Highway. The walkways to be shown on the rectified Master Plan." Approval of
the site plan was recommended by staff. It was requested that the site plan not be approved
until the 2nd reading of the other ordinances.
Bradley Miller with Miller Land Planning Consultants, representing Gulfstream Gardens noted the
request was for an extension of Phase I of Gulfstream Gardens. The applicant concurred with
all recommendations for approval of staff and the CRA.
Mayor Taylor opened the matter for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
Attorney Cirullo read Proposed Ordinance 06-001 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-001. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cirullo read Proposed Ordinance 06-002 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-002. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cirullo read Proposed Ordinance 06-003 by title only.
Motion
Vice Mayor McKoy moved to approve Proposed Ordinance No. 06-003. Commissioner McCray
seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0.
15
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
Motion
Commissioner Ferguson moved to table the approval of New Site Plan (05-028) until January
17th. Commissioner McCray seconded the motion. The motion passed unanimously.
D.
Project:
Agent:
Owner:
Location:
Description:
E.
Project:
Agent:
Owner:
Location:
Description:
F.
Project:
Agent:
Owner:
Location:
Description:
Palm Cove (ANEX 05-005)
Ruden McClosky
Multiple land owners
One-quarter mile north of Gulfstream Boulevard between Federal
Highway and Old Dixie Highway
Request to annex a 4.456-acre portion of a 7.402-acre project (1st
Reading of Proposed Ordinance No. 06-004)
Palm Cove (LUAR 05-014)
Ruden McClosky
Multiple land owners
One-quarter mile north of Gulfstream Boulevard between Federal
Highway and Old Dixie Highway
Request to amend the Comprehensive Plan Future Land Use Map
from General Commercial, Local Retail Commercial (City) and
Medium Residential-5 and Commercial High/5 (County) to Special
High Density Residential (1st Reading of Proposed Ordinance No.
06-005)
Request to rezone from C-3 Community Commercial, C-4 General
Commercial (City) and RM Residential and CG General Commercial
(County) to PUD Planned Unit Development (1st Reading of
Proposed Ordinance No. 06-006)
Palm Cove (ABAN 05-008)
Ruden McClosky
Multiple land owners
One-quarter mile north of Gulfstream Boulevard between Federal
Highway and Old Dixie Highway
Request to abandon the southwest corner of Lot 6 of "Killian's
Park"; thence east, along the north right-of-way line of Miller
Road, a distance of 450 feet (1st Reading of Proposed Ordinance
No. 06-007)
1. Palm Cove (NWSP 05-031) Request new site plan approval to
construct 121 fee-simple townhouses, recreation amenities and related
site improvements on 7.402 acres in the Planned Unit Development
(PUD) zoning district.
Attorney Cirullo determined there were no additional witnesses that needed to take an oath and
the applicant had no objection to combining the items for presentation.
16
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
Dick Hudson, Senior Planner, reviewed all the requests related to Palm Cove. He reported the
total parcel is 7.42 acres. The proposed use is a townhouse community. On the northeast side
is Oceanside, a multi family development. Northwest of the project is Miller Road and
developed residential in unincorporated Palm Beach County. The southeast borders the
Bayfront community. Southwest of Palm Cove is zoned general commercial and on the east is
Old Dixie Highway and the development Waterside. The Seacrest Scrub and the FEC railroads
tracks border Palm Cove on the west. Staff recommended approval of the requests for the
following reasons:
. Consistent with the annexation policy
. Contiguous to properties lying within the City of Boynton Beach
. Consistent with the Comprehensive Plan
. Consistent with the Federal Highway Corridor Plan
. Meets the criteria of the Land Development Regulations
Eric Johnson, Planner, pointed out that the Palm Beach County Engineering Division and
Planning had sent staff a letter that a turnaround area would be needed at the end of the
abandonment of Miller Road. It was understood the applicant and Palm Beach County have
resolved the issue and the turnaround would not be required. Mr. Johnson advised the
agreement should be in writing from Palm Beach County as it relates to condition of approval
#44. Concurrency on traffic is expected from the County soon. Utilities, police, fire, drainage
and school concurrency will be in place at the time of permitting. Mr. Johnson advised ingress
and egress, landscape, setbacks and parking spaces requirements, all comply and meet the
intent of a IPUD zoning district. He added the elevation and colors are compatible and
recommended approval of the site plan together with the 50 conditions of approval. Also, all
departments within the City have no objection to the abandonment of a portion of Miller Road.
A utility easement to Florida Power & Light may be required, which is understood by the
applicant.
Bonnie Miskel, on behalf of the applicant, advised the development is very similar to Gulfstream
Gardens Phase II reflecting the trend of the City along the corridor. Ms. Miskel outlined the
various requests of the applicant and stressed there would be extensive open space. The CRA
staff had requested a more urban town home look facing Federal Highway and Dixie which has
been done with garage access in the back. The design is comprised of 62, two bedroom, two
story units and 59 three story, three bedroom units. Ms. Miskel advised the letter from Palm
Beach County regarding the agreement on the turnaround area had been received by the
applicant and a copy will be provided to staff.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
Attorney Cirullo read Proposed Ordinance 06-004 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-004. Commissioner
McCray seconded the motion.
17
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cirullo read Proposed Ordinance 06-005 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-005. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cirullo read Proposed Ordinance 06-006 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-006. Commissioner
McCray seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cirullo read Proposed Ordinance 06-007 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-007 subject to staff
comments. Commissioner Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Motion
Commissioner Ferguson moved to table the approval of New Site Plan (05-031) until January
17th. Vice Mayor McKoy seconded the motion. Motion passed unanimously.
G.
Project:
Agent:
Owner:
Location:
Description:
401 North Dixie (Olsson Property) (LUAR 05-013)
Jack White
Mildred Martin
401 North Old Dixie
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial to Low Density Residential (1st
Reading of Proposed Ordinance No. 06-008)
Request to rezone from C-3 Community Commercial to R-1 Single
Family Residential (1st Reading of Proposed Ordinance No.
06-009)
18
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
Proposed Use: Maintain existing single-family home.
Hanna Matras, Economic Planner, reviewed the requests of the applicant. She reported the
parcel size is 5.7 acres and the existing land use is Local Retail Commercial and existing zoning
is C-3. The current use is R-1 single family home, being a non-conforming use. Ms. Matras
advised staff recommended approval because the changes would be consistent with the
adjoining properties, consistent with the intent of the Comprehensive Plan and brings the
current use into conformity with zoning.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
Attorney Cirullo read Proposed Ordinance 06-008 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-008. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
Attorney Cirullo read Proposed Ordinance 06-009 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-009. Commissioner
McCray seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0.
H.
Project:
Agent:
Owner:
Location:
Description:
Happy Homes Heights (Ballard) (ZNCV 05-008)
Kevin Ballard
Prime Property of the Palm Beaches
133 NE 12th Avenue
Request for relief from the Land Development Regulations,
Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area
of 6,000 square feet, to allow a minimum lot area of 5,429 square
feet, a variance of 571 square feet for a proposed single-family
residence within the R-2 single and two-family zoning district
Mayor Taylor opened the issue for publiC comment. No one coming forward, Mayor Taylor
closed the public hearing.
Motion
Commissioner McCray moved to approve item VIILH. Commissioner Ferguson seconded the
motion. Motion passed unanimously.
19
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
1. Approval of a Special Warranty Deed conveying title to Kathleen Thicklin for
CHERRY HILLS, BOYNTON, Lots 269 and 270. This real property described under
tax certificate number 11049 in the tax deed recorded in Official Record Book
12021, page 1986, public records of Palm Beach County, Florida (Proposed
Resolution No. R06-o18)
Attorney Cirullo read Proposed Resolution No. R06-018 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. R06-018. Commissioner
McCray seconded the motion. Motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Analysis of Water Capital Improvement Fees
Mr. Bressner referred to a status report that the Utilities Department had prepared. He
indicated Pete Mazzella, Assistant Director of Utilities, was present for any questions.
Motion
Commissioner McCray moved to table the matter until January 17, 2006. Commissioner
Ferguson seconded the motion. Motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A. Placement of quasi-judicial items on agenda - 01/17/06
B. Report on City's potential help and other governmental entities for "at-risk"
citizens during declared emergencies - February 2006
C. Update on City's position on minority contracts - February or March 2006
D. Requirement for underground utility lines for all new development - April 2006
E. Amend the Parks Dedication Code ordinance to modify the review time line -
February 2006
F. Presentation of Pay Plan recommendations (1/17/06)
G. Development of performance criteria for City Manager's Evaluation (Feb. 2006)
H. Capital Improvement Budget Review - February 2006
J. Follow-up on CRA/Commission Planning Workshop - 01/17/06
20
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
Commissioner Ensler requested the Legal Department investigate if a policy could be
established dealing with affordable housing to be applied to the CRA. Consensus was obtained
for the City Attorney's office to address the issue. Mr. Bressner announced there would be an
affordable housing workshop between the Commission and the CRA on February 22nd.
Commissioner McCray inquired if the three items scheduled for the next meeting will be ready
for presentation. Mr. Bressner replied they should all be prepared and ready to go.
XI. NEW BUSINESS:
A. Standards for placement of FEMA trailers on private property. (Tabled on
12/6/05)
1. Proposed Ordinance No. 05-073 RE: Approving the
declaration of a local "Housing Emergency," with a means of allowing for
the temporary placement of FEMA travel trailers and mobile homes on
private property in the City. (Tabled on 12/6/05)
Motion
Commissioner McCray moved to remove item XI.A.1 from the table. Commissioner Ensler
seconded the motion. Motion passed unanimously.
Quintus Greene, Development Director, conveyed the options available were whether or not to
allow travel trailers on private property or in a concentrated area and if the trailers are allowed,
should an ordinance be established since the Code does not allow trailers on private property.
FEMA has indicated there are six trailers in the City currently with eight more on the way. Mr.
Greene revealed the Police Department had surveyed the City and identified three or four
locations. Mr. Greene had been informed by FEMA the trailer had not been hooked up as yet
awaiting Commission decisions.
Commissioner McCray wanted assurances the allowable time frame would be 18 months and
only the owner of the property could reside in the trailer. Mr. Greene concurred.
Mayor Taylor's concern was the responsibility for the cost of the hook ups. Mr. Greene did not
have an answer until a decision was made relating to individual sites versus a consolidated site
for all trailers. Mr. Greene cautioned a consolidated site would require several months of
preparation. He felt to meet the immediate need it would be appropriate to pass the proposed
ordinance. Mayor Taylor felt a start date of the 18 month period should be established. Mr.
Greene maintained the start date would be the date of passing the ordinance declaring a
housing emergency.
Commissioner Ensler had a problem with the requirements for setbacks not being followed and
requests being brought before the Commission for public hearing. The primary concern
according to Mr. Greene, would be that public right-of-ways were not blocked. Commissioner
21
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
Ensler admonished adjacent property owners have a right to come before the Commission and
make comment. Mayor Taylor suggested there would be no remedy if they did come forward.
Commissioner McCray preferred a trailer be placed on the property rather than a vacant
property left unattended. Commissioner Ensler recommended a due diligence clause be
included in the ordinance requiring the homeowner to proceed with repairs timely. Mr. Greene
alleged FEMA does make periodic checks to ensure repairs are being made. Vice Mayor McKoy
inquired if anchoring of the trailers was done. Mr. Greene confirmed FEMA required all trailers
be anchored and the City also requires tie downs.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 05-073. Commissioner
McCray seconded the motion.
Attorney Cirullo read Proposed Ordinance No. 05-073 by title only.
Mayor Taylor pointed out the Ordinance would have a public hearing on second reading.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 05-066 Re: Requesting
abandonment of a portion of a 20 foot right-of-way west of North Federal
Highway abutting the Federal East Coast Railway (Spotts Abandonment)
Attorney Cirullo read Proposed Ordinance 05-066 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 05-066. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
2. Proposed Ordinance No. 05-070 Re: Requesting to
amend the Comprehensive Plan Future Land use Map from High Density
Residential (HDR) and Low Density Residential (LDR) to Special High
Density Residential (SHDR) (Estancia @ Boynton Beach)
Attorney Cirullo read Proposed Ordinance 05-070 by title only.
22
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL January 3, 2006
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 05-070. Vice Mayor McKoy
seconded the motion.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
~
City Clerk Prainito called the roll. The motion passed 5-0.
3. Proposed Ordinance No. 05-071 Re: Requesting to
rezone from Planned Unit Development (PUD) and R-1-AA Single Family
Residential to Infill Planned Unit Development (IPUD) (Estancia @
Boynton Beach)
Attorney Cirullo read Proposed Ordinance 05-071 by title only.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
closed the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 05-071. Vice Mayor McKoy
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
a. Estancia @ Boynton Beach (NWSP 05-026) Request for new
site plan approval to construct 30 townhouse units and related
site improvements on 2.65 acres to be rezoned Infill Planned Unit
Development (IPUD)
Motion
Commissioner McCray moved to approve NWSP 05-026. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
B. Ordinance - 1st Reading
1. Proposed Ordinance No. 06-010 Re: Approving abandonment
of a portion to North Circle Drive (aka NE 17th Avenue) and a portion of
South Circle Drive (fka NE 16th Drive) from NE 3'd Court westward to the
Four Sea Suns Condominium, Inc. complex.
Attorney Cirullo read Proposed Ordinance 06-010 by title only.
23
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL January 3, 2006
Motion
Vice Mayor McKoy moved to approve Proposed Ordinance No. 06-010. Commissioner McCray
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
2. Proposed Ordinance No. 06-011 Re: Approving the
correction of Ordinance 05-034 regarding minimum side setbacks in the
R-1-AA Zoning District.
Attorney Cirullo read Proposed Ordinance 06-011 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-011. Vice Mayor McKoy
seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 5-0.
3. Proposed Ordinance No. 06-012 Re: Amending Part
II, Chapter Two, Article 12, "Veterans Advisory Commission," Section 2-
162 entitled "Organization" and Section 2-163 entitled "Board
Appointment and Membership" of the City of Boynton Beach Code
Ordinance to provide for an increase in the number of Honorary Members
on the Veterans Advisory Commission.
Attorney Cirullo read Proposed Ordinance 06-012 by title only.
Commissioner McCray asked for a total number of board members including the honorary
members. Commissioner Ensler replied there would be seven regular members, four alternates
plus ten honorary members. Mayor Taylor explained the honorary members would have no
voting rights. Commissioner McCray wanted to be sure the appointed honorary members
understood their responsibilities.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 06-012. Vice Mayor McKoy
seconded the motion.
~
City Clerk Prainito called the roll. The motion passed 4-1. (Commissioner Ferguson dissenting)
C. Resolutions:
Mayor Taylor inquired if there were any changes proposed or desired changes by the
appointees. There was consensus that the appointments remain the same.
24
Meeting Minutes
Regular Commission Meeting
Boynton Beach, FL
January 3, 2006
1. Proposed Resolution No. R06-019 Re: Appointing a
representative to the Palm Beach County League of Cities.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R06-019. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
2. Proposed Resolution No. R06-020 Re: Appointing a
representative to the Metropolitan Planning Organization.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R06-020. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
3.
Proposed Resolution No. R06-021
representative and alternate to COBWRA.
Re:
Appointing a
Motion
Vice Mayor McKoy moved to approve Proposed Resolution No. R06-021. Commissioner McCray
seconded the motion. The motion passed unanimously.
4.
Proposed Resolution No. R06-022
representative and alternate to the
Coordination Forum.
Re: Appointing a
Multi-Jurisdictional Issues
Motion
Commissioner McCray moved to approve Proposed Resolution No. R06-022. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
No other matters to come before the Commission, Mayor Taylor adjourned the meeting at 9:05
p.m.
25
Meeting Minute
Reg I S
u ar Comm' .
Boynton BeaCh~s~~n Meeting
January 3, 2006
ATTEST'
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CITY OF BOYNTON
BEACH
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26
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
paz
Building
Engineering
Oce. License
Deputy City Clerk
PROJECT NAME:
Happy Home Heights. Lot 3
APPLICANT'S AGENT:
Mr. Kevin Ballard, Prime Property of the Palrn Beaches
-~----
APPLICANT'S ADDRESS: 550 NW 13th Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 3, 2006
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum
lot area of 6,000 square feet, and allowing a minimum lot area of 5,429
square feet for a proposed single-family residence within the R-2 single
and two-family zoning district.
LOCATION OF PROPERTY: 133 NE 12th Avenue, Boynton Beach, FL 33435
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 Comrnunity Redeveloprnent Agency 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:
DATED:
1.
Application for the relief sought was rnade 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 cornpetent 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 App~t's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
6.
6.
This Order shall take effect immediately upon issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
Other
7.
01 0
S:\Planning\SHAREO\WP\PROJECTS\Happy Home Heights\ZNCV
EXHIBIT "E"
Conditions of Approval
Project name: Happy Home Heights, Lot 3
File number: ZNCV 05-008
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined. ~.
S:\Planning\SHARED\WP\PROJECTS\302 W Boynton Beach\ZNCY 05-007\COND OF APPROVAL-doc
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EXHIBIT liD'
Answers For Variance Questions
A. Applicant attempted to meet zoning requirements by assemblage, however the
existing shallow depth prevent from meeting the minimum lot area required.ln
essence special conditions exist and are peculiar to the land.
B. The applicant in an effort to develop in the effort property result would
constitute an overall upgrade to the immediate neighborhood.
C. Because other lands which are substandard have been developed under
6,000SF.
D. Denying this variance would deprive the applicant of development right of
this property.
E. The minimum variance request would allow the building of it a single-family
resident which represents the reasonable use of the land.
F. Approval of the variance would meet the intent and purpose of the zoning code,
it would be consistent with existing characteristics of the neighborhood in-
cluding house sizes.
G. Applicant could not acquire property on either side of the subject parcel as
they are already developed.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
oeve\opment
pH
Building
Englnee,lng
Oce l\cenU
oeputy City Clerk
PROJECT NAME:
Ocean Breeze West
APPLICANT'S AGENT: Mr. Bradley Miller, AICP I Miller Land Planning Consultants, Inc.
APPLICANT: Affordable Housing, LLC.
APPLICANT'S ADDRESS: 114 North Federal Highway, #202 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 3, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 37 fee-simple townhouses
on a 3.44-acre parcel in the R-3 Multi-farnily Residential zoning district.
LOCATION OF PROPERTY: Southwest corner of Northwest 8th Avenue and Seacrest Boulevard,
located approximately 1,700 feet north of Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Comrnission 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
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 frorn the applicant, mernbers 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 developrnent requested by the Applicant, adrninistrative staff, or
suggested by the public and supported by substantial cornpetent 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
and conditions of this order.
DATED:
b
7.
Other
S\Planning\SHARED\WP\PROJECTS\Ckeall Breeze Wesl\DO,doc
City Clerk
LOCATION MAP
Ocean Breeze West
Exhibit "A"
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EXHIBIT B
EXHIBIT "C"
Conditions of Approval
Project name: Ocean Breeze West
File number: NWSP 05-030
Reference: 2nd review plans identified as a New Site Plan with a November 8. 2005 Planning & Zoning date
stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
I. Prior to permit application contact the Public Works Department (561-742- X
6200) regarding the storage and handling of refuse per the CODE, Section
10-26 (a).
PUBLIC WORKS - Traffic
Comments:
2. Provide a traffic analysis and notice of concurrency (Traffic Performance X
Standards Review) from Palm Beach County Traffic Engineering.
3. Parking stalls will not be permitted directly across from a major driveway X
ingress or egress point (see City Standard K-8.).
4. Provide a driveway cut across the street from Unit 26 to allow access to Lot X
140, Block C, Boynton Hills.
ENGINEERING DIVISION
Comments:
5. 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.
UTILITIES
Comments:
6. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure 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)).
7. 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
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2
DEPARTMENTS INCLUDE REJECT
Health Department application forms or within seven (7) days of Site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand. Based on 37 single-family units the
reservation fee will be $5128.20.
8. Add a sanitary sewer lateral to service adjacent Lot 140 north of Unit #26. X
FIRE
Comments: None X
.
POLICE ..-
..
Comments: None X
..
BUILDING DIVISION
Comments:
-~.."
9. Place a note on the elevation view drawings indicating that the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table 704.8,
or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly
reflect the percentage of protected and unprotected wall openings pennitted
oer 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. .....
lD. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of conslruction proposed with the subjecI
reouest.
11. At time of permit review, submit signed and sealed working drawings of the X
orooosed construction. -~
-----
12. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall. Identify the type of wall material and the type of material that
supports the wall, including the typical distance between supports. Also,
provide a typical section view drawing of the wall that includes the depth that
the wall supports are below finish grade and the height that the wall is above
finish grade. The location and height of the wall shall comply with the wall
regulations specified in the Zoning Code. -----------_..__.~ ...
13. As required by the CBBCO, Part III titled "Land Development Regulations", X
submit a site plan that clearly depicts the setback dimensions from each
property line to the leading edge of the building/so The Icading edge of the
building/s begins at the closest point of the overhang or canopy to thc
property line. In addition, show the distance between all the buildings on all
sides.
-"- ~-- -_..---.
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DEPARTMENTS INCLUDE REJECT
14. 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.
15. 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.
16. 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.
. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The number of bedrooms in each dwelling unit.
. 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
17. 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
is being unified, is required to be submitted to process the form. The property
owner that is identified on each deed shall match.
18. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The
recorded deed shall be submitted at time of permit review.
19. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
. A legal description ofthe land.
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
. If the project is a multi-family project, the building numberis must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
. The number of dwelling units in each building.
. The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(1))
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4
DEPARTMENTS INCLUDE REJECT
20. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this projecI must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
bv the City Commission. --.-.-._--
21. The full address of Ihe project shall be submitted with the construction X
documents at the time of permit application submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit application at the time of application submittal.
PARKS AND RECREATION
Comments:
22. Park Impact Fee - 37 Single-family altached units @ $771.00/unit ~ X
$28,527 .00.
FORESTERlENVIRONMENT ALIST
Comments:
PLANNING AND ZONING
Comments:
23. The traffic impact analysis must be approved by the Palm Beach County X
Traffic Division for concurrency purposes prior 10 the issuance of any
building permits.
24. The site plan should graphically indicate the Future Land Use classification X
and the Official zoning districts for the abutting properties.
25. There is a discrepancy between the Iwo (2) Retaining Wall Details. This X
discrepancy shall be corrected at the time of permitting. Staff recommends
utilizing the Detail which omits the chain link fence (on top of the wall) from
its design. ~- -
26. All shrubs and hcdges are required to be at minimum 24 inches in height, 24 X
inches in spread, and planted with lip-Io-tip spacing measured immediately
after planting to adequately cover the planted areas on the sile (Chapter 7.5,
Article II, Section 5.C.4.). .-
27. No address was shown on the sign. Once the site address is determined, it X
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12/14/05
5
DEPARTMENTS INCLUDE REJECT
should be should be placed above the name of the development.
28. Staff recommends that lands remaining outside the individual fee-simple area X
would be under the control of the Homeowner's Association to ensure proper
maintenance ofthe landscaped buffer areas.
29. Community Redevelopment Agency staff recommends relocating the parking X
area at the project entrance on Seacrest Boulevard to improve the main favade
of the development.
30. Community Redevelopment Agency staff has the following comment: X
Provide more detail on roofing material, including life span. The material
schedule indicates fiberglass shingle roof but the elevations depict metal roof.
31. Community Redevelopment Agency staff is recommending that the style of X
the freestanding outdoor lighting fixtures (poles) be designed to match the
architecture ofthe buildings.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
32. Omit conditions #4 and #8 thereby removing the requirement that the project X
provide access to an adjacent parcel.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
33. To be detennined. 'It ...." " /
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Ocean Breeze West\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
oevelopment
p&Z
Building
Engineering
Oce L\cense
Deputy CIty Clerk
PROJECT NAME:
Estancia at Boynton
AGENT:
Mr. Carlos Ballbe I Keith & Ballbe, Incorporated
AGENTS ADDRESS:
2201 West Prospect Road, Suite 100 Fort Lauderdale, FL 3330g-
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 6,2005
-..h.nut1.l''1 3, ~OOb
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 30 townhouse units on a
2.65-acre parcel in the IPUD zoning district.
LOCATION OF PROPERTY: 3010 South Federal Highway. East side of South Federal Highway,
approxirnately 400 feet south of Old Dixie 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 Cornrnission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Cornmission 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 testirnony frorn the applicant, mernbers 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
:.L'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
and conditions of this order.
DATED:
01- Ofo 0
7. Other
S:\PlanningISHARED\WP\PROJECTS\Estancia@Boynton Beach\NWSP 05-026\DO_doc
EXHIBIT "e"
Conditions of Approval
Project name: Estancia at Boynton
File number: NWSP 05-026
Reference: 3'" review plans identified as a New Site Plan with a September 27, 2005 Planning and Zoning
Deparlment dale stamp marking.
,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
-...-... ENGINEERING DIVISION
..
Comments:
--
I. Upon satisfactory Commission approval of the site plan, the applicant shall X
enter the plat process through the City's Engineering Division. A preliminary
plat application may be initiated during the site plan review to expedite
issuance of the Land Development Pennit. -
2. The existing Boundary Survey is an augmented version of the Dakota Lofts X
record plat (recorded in P.B. 97, Pgs. 132-134, on 3/11/03); a new record plat
will be required to reflect the new Site Plan and additional land to be
incoroorated into the development.
3. 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
-.-- pennitling.
4. 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.
UTILITIES
Comments:
5. All utility easements and utility lines shall be shown on the landscape plans X
(as well as the Water and Sewcr Plans) so that we may determine which
appurtenances, trees or shrubbery may interfere with utilities. In general,
palm trees will be the only tree species allowed within utility easements.
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement in the foreseeable
future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities
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11/03/05
2
DEPARTMENTS INCLUDE REJECT
the authority to remove any trees that interfere with utility services, either in
utility easements or public rights-of-wav.
6. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
7. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.s.i. residual pressure 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 )).
8. The CODE, Section 26-34(E) requires that a capacity reservalion fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
9. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this proiect, in accordance with the CODE, Section 26-15.
10. Utility construction details will not be reviewed for construction acceptability X
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 pennit application.
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING
Comments:
II. Indicate within the site data the type of construction of each building as X
defined in 2004 FBC, Chapter 6.
12. Indicate within the site data the occupancy type of each building as defined in X
2004 FBC, Chapter 3.
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11/03/05
3
DEPARTMENTS INCLUDE REJECT
13. Place a note on the elevation view drawings indicating that Ihe exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table 704.8,
or 2004 FBC. Residential, Section R302.2. Submit calculations that clearly
reflect the percentage of protected and unprotected wall openings permitted
oer 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. -..-
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 detennined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (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 oennit aoolication.
15. Every building and structure shall be of sufficient strength to support the X
loads and forces encountered per the 2004 FBC, Section 1607 and Table
1607.1. Indicate the live load (o~f) on the olans for the building design. ..-.- ..~
16. Buildings three-stories or higher shall be equipped witb an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application. - .. ._.._~
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 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. ...
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 pennit application:
A The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
B If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
C The number of dwelling units in each building.
D The number of bedrooms in each dwelling unit.
E The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
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11103/05
4
DEPARTMENTS INCLUDE REJECT
21. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
A A legal description of the land.
B The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
C If the project is a multi-family project, the building numberls must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
D The number of dwelling units in each building.
E The total amount being paid.
(CBBCO, Chanter I, Article V, Section 3(t))
PARKS AND RECREATION
Comments:
22. Recreation and Parks Impact Fee is $23,130 and should be paid prior to the X
issuance of the first oennit.
FORESTER/ENVIRONMENTALIST
Comments:
23. The plant material (and their specifications) proposed on the Cross Section of X
Federal Highway Buffer supersedes the same as shown on the landscape plan
and therefore, a revised landscape plan will be required at the time of
nermitting.
24. Three (3) Gumbo Limbo trees are proposed at the northeast corner of the X
property, adjacent to the single-family home. While Gumbo Limbo trees
provide a large canopy, staff still has concerns over the deciduous nature of
them and their ability to effectively buffer year-round. Therefore,
recommends substituting these three (3) particular trees with another type of
native, canopy tree, such as a Paradise, Red Cedar, Hex, or Mahogany tree or
a combination.
PLANNING AND ZONING
Comments:
25. Because there are multiple lots, a unity of title will be required to join the lots X
together. This shall be executed orior to the issuance of a building pennit.
26. Approval of this project is contingent upon the approval of the accompanying X
request for land use amendment 1 rezoning (LUAR 05-009). Staff
recommends that all sales information used to promote the develooment and
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11103/05
5
DEPARTMENTS INCLUDE REJECT
all homeowner documents should inform buyers that the units are located in
the hurricane evacuation zone.
27. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit. It would be preferable 10 have this approval prior 10 the Community
Redevelopment Agency Board meeting.
28. On the site plan tabular data (sheet SPI of 2), indicate that the project X
requires 65 parking spaces rather than 62 parking spaces. Also, correct the
tabular data on the on the site plan prepared by Randall Stoff! Architects
(sheet AO.I) so that it matches sheet SPI of2.
29. On the site plan tabular data, the setback lable indicates that the parcel X
setbacks lines would be setback 20 feet from the west property line, 15 feet
from the north property line, 30 feet from the south property line, and 10 feet
from the east property line. This does not coincide with the aforementioned
setback information and as a consequence, must he rectified to match each
-- other at the time of permitting.
30. All new docks would require approval from the U.S. Army Corps of X
Engineers. If an IPUD is located with frontage on the Intracoastal Waterway,
conditions of approval shall include a deed restriction requiring that any
marina or dockage built will not exceed in width, the boundaries of the
project's actual frontage on the water, regardless of what any other governing
or permitting entity may allow or permit (Chapter 2, Section 5.L.4.g.(3)).
31. The sign is limited to six (6) feet in height and 32 square feet in area pursuant X
to Chapter 21, Article IV, Section I.D. of the Land Development Regulations.
32. A condition of approval from the Community Redevelopment Agency Board X
from the original site plan application stated the following: Provide formal
agreements betwcen the developer and the adjacent property owners
regarding the current and proposed water service. This directly relates to
those adjacent single family residences currently receiving water service from
a well that is located on the subject property.
33. A condition of approval from the Community Redevelopment Agency Board X
from the original site plan application stated the following: Provide formal
agreements between the developer and the adjacent property owners
rcgarding the continued use of existing docks located on the finger canal of
the subiect properly.
34. All elevation pages shall indicate the paint color name and corresponding X
color codes. Staff recommends using a color schedule (Chapter 4, Section
7.0.). ...
35. In order to ensure proper maintenance of the buffer areas, staff recommends X
converting them from private property to "buffer tracts" that would be owned
COA
11/09/05
6
.
DEPARTMENTS INCLUDE REJECT
and maintained by the Home Owners' Association.
36. Staff recommends enhancing the south favade of the southernmost building X
proposed along Federal Highway with additional elements, such as faux
windows, faux balcony, score lines, decorative shutters, awnings, and / or
inlavs.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS:
Comments:
37. Omit condition #36 and require south elevation along Bamboo Lane to have X
similar architectural features as the west elevation along Federal Highway.
38. Request from DOT approval for on-street parking. X
39. Consider placement of utilities underground. X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
39. To be determined. ~
MWR/elj
S:\Planning\SHARED\WP\PROJECTS\Estancia @ Boynton Beach\NWSP 05.026\COA.doc
LOCATION MAP
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(f.k.a. Dakota Lofts)
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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Building
Engineering
%~~'ut;.~rr~eC'erk
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PROJECT NAME:
805 North Federal Highway (ABAN 05-007)
APPLICANT'S AGENT:
Daniel Spotts
APPLICANT'S ADDRESS: 4606 SW 74th Avenue, Miami, FL 33155
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
December 6, 2005
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TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 20 foot alley right-of-way located to
the rear of Lot 17, Block 1 of Boynton Lake Addition to Boynton Beach plat.
LOCATION OF PROPERTY: Located west of 805 North Federal Highway, which is on the west side of
North Federal Highway, between Northeast 7th Avenue and Northeast 8th
Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER carne 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 carne 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
LHAS
HAS NOT
established by substantial cornpetent 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 Applic~mt'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 terrns and
conditions of this order.
7.
Other
DATED:
S:\PlannlngISHAREOIWPlPROJECTS\805 N Federal Hwy
EXHIBIT "C"
Conditions of Approval
Project name: Abandonment of a PorIion of 20-Foot Wide Alley for 805 Norlh Federal Highway
File number: ABAN 05-007
I DEPARTMENTS I INCLUDE I REJECT II
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
--
UTILITIES
~."-
Comments:
1. Dedication of a Utility Easement for City utilities within the right-of-way to X
be abandoned is required.
2. No structures or landscaping shall be placed within the confines of the X
required uIility easement without the express vvri tten consent of the
Engineering Division of Public Works.
3. The legal description needs to be corrected to read as follows: X
. "A 20-foot (not 25-100t) right-of-way lying west of Block 1 . . .
- -
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
I DEPARTMENTS , INCLUDE I REJECT ./1
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior 10 the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
5. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
6. To be determined. ~
S:\Plannln.,ISHAREDlWPIPROJECTS\.306 B8B. ABAN 04-005\COA.doc
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DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-185
TO:
Chair and Members
Community Redevelopment Agency
Michael W. RumPf{l\)~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler
Planner
DATE:
September 26, 2005
SUBJECT:
Abandonment Request of the Alley west of 805 North Federal Highway
ABAN 05-007
NATURE OF REOUEST
The applicant, Daniel Spotts, owner of Miami Aqua Culture, Inc., is requesting the City to abandon a portion of a
public alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II
consignment shop, currently an unoccupied commercial building). This 20-foot wide unimproved public alley runs
north and south adjacent to and parallel with the Florida East Coast (FEC) railroad. The portion requested to be
abandoned is approximately 20 feet in width by 50 feet in length, and a total of 1,016.7 square feet (0.023 acre) in
area. Per the survey submitted with the application, the platted alley segment is legally described as follows:
A portion of a 25 foot right-of-way lying west of Biock 1 of Lake Addition to Boynton Beach as recorded in Plat
Book 11, Page 71, of the public records of Palm Beach County, Florida, being more particularly described as
foliows:
Being bound on the north and south by the westerly extension of the north and south line of Lot 17, of said
Block 1. Bounded on the west by the west line of said right-of-way, said line also being the east right of way
line of the Florida East Coast Railway, as shown on plat, and bounded on the east by the west line of said Lot
17, Block 1.
It is important to note that the legal description on the survey submitted incorrectly states that the width of the
right of way is 25 feet, when it is actually 20 feet in width. The survey submitted indicates no below ground
improvements, footers, foundations, or utilities have been located or shown on the survey.
The Location Map (see Exhibit "A") shows the general vicinity of the public alley right-of-way to be abandoned. The
Proposed Abandonment (see Exhibit "B") depicts the exact location of the subject site and its boundaries and legal
description. The following is a description of the land uses and zoning districts of all properties that surround the
subject portion of the public alley right-of-way.
North -
A portion of the 20-foot alley located to the rear of Lot 16 (a vacant 0.12 acre lot zoned
C-4);
South -
A portion of the 20-foot alley located to the rear of Lot 18 (a 0.56 acre lot zoned C-4
used for vehicle repair);
Page 2
Memorandum No. PZ 05-185
ABAN 05-007
East
805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat)
zoned C-4 (applicant's property); and,
West -
A 50-foot wide railroad right-of-way for Florida East Coast (FEC) Railway.
BACKGROUND
The subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton Beach Plat. The
approved plat was recorded in Plat Book 11, Page 71 on April 9, 1925. The plat includes a total of 190 individual
lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F. E.C.) Railway, several 50-foot and 66-
foot wide rights-of-way, and several 15-foot wide and 20-foot wide alleys. The plat also contains a reversionary
clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as pUblic highways,
the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and
legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by
law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent
properties. Re-development or expansion of the adjacent property following abandonment requires the property
owner to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted a
copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the
subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this
time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes.
On July 7, 2005 staff held a pre-application meeting with the applicant. Notes of the meeting indicate that the
applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and he
wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the
alley behind his lot for additional business parking. Staff explained that there were alternatives without the need for
abandonment, such as a revocable license agreement, whereby the applicant could lease the land from the City.
Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent
property owner would get one-half of the abandoned property, (2) the presence of any live utility in the alley would
require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site
plan modification which complies with all applicable Land Development Regulations.
City records indicate that portions of the public alley located north of the subject property have been abandoned by
the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement
dedication.
ANALYSIS
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (13 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other half is conveyed to the other abutting property owner. The applicant
requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot
17, Block 1 of Lake Addition). Public records Indicate that Florida East Coast Railway is the owner of the abutting
property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of the
FEC Railway and has received no comments from the FEC regarding this requested abandonment. If the
abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet
total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The
applicant could try to obtain the additional property from Florida East Coast Railway.
Page 3
Memorandum No. PZ 05-185
ABAN 05-007
A summary of the responses from the city staff is noted as follows:
CITY DEPARTMENT / DIVISION
Public Works I Engineering
No objection to requested abandonment
Support Abandonment with Dedicated Easement or a
Revocable License Agreement
Development / Planning and Zoning
No objection to requested abandonment
Support Abandonment with Dedicated Easement or a
Revocable License Agreement
Recreation & Parks / Parks
No objection to requested abandonment
Per letters frorn utility providers submitted by the applicant, responses from the utility companies are noted as
follows:
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bellsouth
Florida Public Utilities Company
Cable Company (Adetphia)
Cable Company (Comcast)
No objection to requested abandonment
No objection to requested abandonment
No objection to requested abandonment
No objection to requested abandonment
N/A
Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section
4, of the Land Development Reguiations. All public utility companies have been notified and the abandonment
request has been advertised in the local newspaper.
Comments from the City Engineer / Assistant Director of Public Works regarding the abandonment state that there
is a live utility service (sewer tine) located within the 20-foot alley, and that a majority of the aliey would have to be
retained as a utility easement (a minimum of 12 feet in width). The City Public Works / Utilities Department
typically oversees easement dedications. At least sixty percent (60%) of the 20-foot alley would be required to be
dedicated as a utility easement if the alley were abandoned. An alternative to abandonment, proposed by the City
Engineer is a Revocable License Agreement which allows the subject property to be leased. The Revocable License
wouid allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned.
RECOMMENDATION
Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with
establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, staff
has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that
a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the
subject property with additional paved parking for his business, he would rather own the property, not lease it.
Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant
has agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment
Agency Board or by the Commission will be placed in Exhibit "c" - Conditions of Approval.
S:IPlanningISHAREDlWPIPROJECTSI805 N. Federal HwylStaff Report (ABAN 05-007).doc
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
oe"lelopment
paz
Building
Engineering
Oee Lleen.e
oep.ty City Clerk
PROJECT NAME:
Palrn Cove (aka Miller Road Project)
APPLICANT'S AGENT:
Kim Glas-Castro with Ruden McClosky
APPLICANT: East Coast Communities, Inc.
--
---
APPLICANT'S ADDRESS: 6499 North Powerline Road Fort Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
January 3, 2006
TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 121 fee-simple townhouses
on a 7.402-acre parcel in the PUD Planned Unit Development zoning
district
LOCATION OF PROPERTY: On the west side of Federal Highway, approximately 1,250 feet south of
the intersection of Old Dixie Highway and 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 Cornrnission hereby adopts the
findings and recommendation of the Cornmunity Redevelopment Agency 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, mernbers of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a rnanner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial cornpetent evidence a basis for the relief requested.
3. The conditions for deveJoprnent requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "COO 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 irnmediately upon issuance by the City Clerk.
DATED:
01 0 -ob
6. All further development on the property shall be made in accordance with th
and conditions of this order.
7. Other
S:\Planning\SHARED\WP\PROJELJS\Palm Cove (aka Miller Rd Project)\NWSP 05-03J\00
City Clerk
EXHIBIT "C"
Conditions of Approval
Project name: Miller Road Project
File number: NWSP 05-03]
Reference: 2nd review plans identified as a New Site Plan with_a Planning & Zoning dale stamp marking of
November 16.2005.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
~~-~ ",_.
PUBLIC WORKS - Traffic
Comments:
1. On the Site and Civil plans, show and identiJy all necessary Iraffic control X
devices such as slop bars, stop signs, double yellow lane separators striping,
directional arrows and "Do Not Enter" signage, etc. See City Standard
Drawings "K" Series for striving details. -.--
2. Insufficient space has been provided at the main entrance off Federal Hwy to X
permit the future placement of vehicular security gates. A minimum of 90
feet, measured from the right-of-way line, is required for stacking by Palm
Beach County, should the developer choose to have a gated entrance in the
future.
ENGINEERING DIVISION
Comments: -.----..-.-
-- .--
3. Add a general note to the Site Plan !hat all plans submitted for specific X
permits shall meet the City's Code requirements at lime of application. These
permits include, but are not limited to, !he 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 Departmenl of
Environmental Resource Management (PBCDERM) and any others, shall be
included with the permit request. --.----
4. Show proposed site lighting on the Landscape plans (LDR, Chapter 4, X
Section 7.B.4.) The lighting design shall provide a minimum avcragc light
level of one foot-candle. The scale providcd on !he Photometric Plan makes
it difficult to read but it also appears that the lighting levels are excessive for a
residential development. ----"~ ---..---.-
5. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article ll, X
Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles
along both Federal Highway and Old Dixie Highway. Interior intersections
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12/12/05
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DEPARTMENTS INCLUDE REJECT
may use a standard 25-foot sight triangle.
6. 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 feet and 8 feet
above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.).
7. The medians on Federal Highway have existing irrigation and plant material X
belonging to the City of Boynton Beach. Any damage to the irrigation system
andior plant material as a result of the contractor's operations shall be repaired
or replaced to the equivalent or better grade, as approved by the City of
Boynton Beach, and shall be the sole responsibility of the developer. The
contractor shall notifY and coordinate with the City of Boynton Beach
Forestry & Grounds Division of Public Works a minimum of six (6) weeks in
advance of any underground activities. Please acknowledge this notice in
your comments response and add a note to the appropriate plan sheets with
the above stated information.
8. The Landscape Architect should consider replacing the Live Oaks proposed X
along roadways and at garage driveways with a tree or palm that will not pose
a vertical conflict for high profile vehicles (Solid Wast~.).
9. SpecifY storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
rim and invert elevations for all structures. Indicate grade of storm sewer
segments. Indicate material specifications for storm sewer.
UTILITIES
Comments:
10. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with
20 p.sj. residual pressure 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)).
II. All lines shall be Ductile Iron Pipe (DIP). X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
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DEPARTMENTS INCLUDE REJECT
Comments:
-
12. The height and area for buildings or structures of the different types of X
construction shall be governed by the intended use or occupancy of the
building, and shall not exceed the limits set forth in Table 503 of the 2004
FBC.
-
13. Place a note on the elevation view drawings indicating Ihal the exterior wall X
openings and exterior wall construction comply with 2004 FBC, Table 704.8,
or 2004 FBC, Residential, Section R302.2. Submit calculations that clearly
reflect the percentage of protected and unprotected wall openings permitted
per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2.
14. General area modifications to buildings shall be in accordance with 2004 X
FBC, Section 506. Provide calculations verifying compliance with the above
code sections and the 2004 FBC, Table 503. --. ---'--.~
15. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application. -
16. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
. .~ . ~-_._._-
17. At time of permit review, submit signed and sealed working drawings of the X
proposed construction. --.-..---
18. Add to the submittal a partial elevation view drawing of the proposed X
perimeter wall/fence. Identify the type of wallifence material and Ihe type of
material that supports the wallifence, including the typical distance between
supports. Also, provide a typical section view drawing of the wallifenee that
includes the depth that the wallifence supports are below finish grade and the
height that the walllfence is above finish grade. The location and height of the
wallifence shall comply with the wallifence regulations specified in the
Zoning Code.
19. On the drawing titled site plan identify the property line X
._--~._-- .._~--,----_.-
20. As required by the CBBCO, Part IlJ titled "Land Development Regulations", X
submit a site plan that clearly depicts the setback dimensions from each
property line to the leading edge of the buildings. The leading edge of the
buildings begins at the closest point of the overhang or canopy to the property
line. In addition, show the distance between all the buildings on all sides
21. To properly determine the impact fees that will be assessed for the two-story X
pooliclubhouselrecreation building, provide the following:
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DEPARTMENTS INCLUDE REJECT
0 Will the pool building be restricted 10 the residents of the entire project
only?
0 Will the residents have to cross any major roads or thoroughfares to get to
the pool/clubhouse/recreation building?
0 Will there be any additional deliveries to the site?
0 Will there be any additional employees to maintain and provide service to
the site?
Please have the applicant provide the City with a copy of the letter that will be
sent to the impact fee coordinator. To allow for an efficient permit review, the
applicant should request that the County send the City a copy of their
determination of what impact fees are required for the
pooIiclubhouse/recreation building.
22. Add to the floor plan drawing of the clubhouse/recreation building a X
breakdown of the floor area. The area breakdown shall specify the total area
of the building, covered area outside, covered area at the entrances, total floor
area dedicated for the clubhouse/recreation building and other uses located
within the building. Specify the total floor area that is air -conditioned. Label
the use of all rooms and floor spaces.
23. A water-use permit from SFWMD is required for an inigation 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.
24. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided al the time of building permit application:
0 The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
0 If the project is a multi-family project, the building numberis must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
0 The number of dwelling units in each building.
0 The number of bedrooms in each dwelling unit.
0 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)
25. At time of permit review, submit separate surveys of each lot, parcel, or tract. X
For purposes of setting up property and ownership in the City computer,
provide a copy of the recorded deed for each lot, parcel, or tract. The recorded
deed shall be submitted at time of permit review.
26. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
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]2/12/05
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DEPARTMENTS INCLUDE REJECT
0 A legal description of the land.
0 The full name of the project as it appears on the Development Order and
the Commission-approved sile plan.
0 If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
0 The number of dwelling units in each building.
0 The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(1))
--
27. Add a general note to the site plan that all plans submitted for pennitting shall X
meet the City's codes and the applicable building codes in effect at the time
of permit application. .--.
28. Pursuant to approval by Ihe City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must incorporate
all the conditions of approval as listed in the development order and approved
by the City Commission. ---
29. The full address of the project shall be submitted with the construction X
documents at the time of pennit applicalion submittal. If the project is multi-
family, then all addresses for the particular building type shall be submitted.
The name of the project as it appears on the Development Order must be
noted on the building permit aoolication at the time of aoplication submittal.
PARKS AND RECREATION
-.'.-'. --~
Comments:
---~ ----~-_._- -
30. Park Impact Fee - 121 Single family attached units@ $771.00/unit = $93,291 X
--
FORESTER/ENVIRONMENT ALJST
--
Comments: -
Existinl! Trees Manal!ement Plan
Sheet LS-I
31. The Landscape Archilect should tabulate the total caliper inches of Irees to be X
removed from the site. The tabular data should show the individual species
of trees proposed to be removed and replaced on site. There are 7 strangler
fig trees (312 caliper inches) and 4 Pine trees (84 caliper inches) proposed to
be removed that must be replaced on the site. These replacement trees should
be shown by a separate symbol on the landscape plan sheel LS-4.
[Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.1
---... -.,..
COA
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DEPARTMENTS INCLUDE REJECT
Plant Material Sheet LS-4
32. All shade and palm trees on the Trees and Palms List must be listed in the X
description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground) not
caliper, and Florida #1 (Florida Grades and Standards manual). The height of
the trees may be larger than 12'-14' to meet the 3" diameler requirement; or
any gray wood (gw) or clear trunk (c.t.) specifications (Chapter 7.5, Article II
Sec. 5.C. 2.).
33. The landscape design does not include the City signature trees (Tibochina X
granulosa) at the ingress / egress areas to the site. These trees must meet the
minimum size specifications for trees. [Environmental Regulations, Chapter
7.5, Article II Sec. 5.C.3.N.]
34. The shrubs listed should all have a spread size. X
35. Fifty percent (50%) of all site landscape materials must be native species X
(Chapter 7.5, Article II, Section 5.P). Please categorize as follows: Canopy
trees, Palm trees, Shrubs & Groundcover. On the landscape plan, indicate the
total quantities within each category and their native oercental!es.
36. All shrubs and hedges are required to be at minimum 24 inches in height, 24 X
inches in spread, and planted with tip-to-tip spacing measured innnediately
after planting to adequately cover the planted areas on the site (Chapter 7.5,
Article II, Section 5.C.4.).
37. Cypress mulch cannot be used in the City of Boynton Beach. X
38. 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.
39. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of planting
to (proper scale) visually buffer the proposed buildings from the Federal
Highway right-of-way.
Irril!ation Plan
40. Turf and landscape (bedding plants) areas should be designed on separate X
zones and time duration for water conservation.
41. Trees should have separate irrigation bubblers to provide water directly to the X
root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] .
COA
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7
DEPARTMENTS INCLUDE REJECT
------ PLANNING AND ZONING
__0-- __M"
Comments:
----^------- "~---
42. Approval of this project is contingent upon the approval ofthe accompanying X
request for annexation (ANEX 05-005) and land use amendment / rezoning
(WAR 05-014). ---.--. ----
43. Abandonment and rededication of easements must be recorded prior to X
issuance of a building pennit for the project. Approval of this project is
contingent upon the successful abandonment of Miller Road (ABAN 05-008). --
44. Provide a vehicular turn-around area at the eastern terminus of Miller Road, X
which meets Engineering and Public Work standards. However, if Palm
Beach County determines Ihat the improvements are not required, then no
modification will be needed to Ihe current configuration of Miller Road as
depicted on the site plan.
45. The traffic impact analysis must be approved by the Palm Beach County X
Traffic Division for concurrency purposes prior to the issuance of any
building pennits.
46. Staff recommends incorporating decorative columns and caps into the design X
ofthe buffer wall.
---
47. Place a note on the site plan that all above ground mechanical equipment such X
as exterior utility boxes, meters, transformers, and back-flow preventers shall
be visually screened (Chapter 9, Section IO.CA.).
48. A si gnature tree (such as a Ycllow Elder, Tibouchina Granulsola, or X
Bougainvillea) is required at both sides of each projecI entrance / exit. The
signature trees must have six (6) feet of clear trunk if placed within the safe-
sight triangle (Chapter 75, Article 2, and Section 5.N). Alternativc plant
material may be substituted if the above referenced plant material is not
available or undesired. Any substitution of plant malerial (for the signature
tree requirement) will be subject 10 the City Foresler / Environmentalist
review and approval. -.-.----- -------~
49. All signage IS subject to reVlew and approval of the Community X
Redevelopment Agency and City Commission. Thc subdivision
identification sign face may not exceed 32 square feet in area. Please provide
a detail showing its dimensions, sign type, exterior fInish, lelter font, and
letter co1or(s) Ihat comply with Chapter 21, Article IV, Section J.D. The sign
structure must be located at least 10 feel from the properly line. Staff
recommends that the sign be externally lit, with vandal-proof ground up
lighting. Also, the address numbers should be located above the letters.
50. The subject site is located along Palm Tran Bus Route I. Staff recommends X
COA
12/12/05
8
DEPARTMENTS INCLUDE REJECT
installing an upgraded shelter if a Palm Tran stop is located along Federal
Highwav, abutting the subiect project.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
51. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
52. To be detennined. ~
MWR/elj
S:\Planning\SHAREDlWP\PROJECTS\Palm Cove (aka Miller Rd Project)\NWSP 05-031 \COA.doc
LOCATION MAP
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