Minutes 08-15-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, AUGUST 15, 2006, 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
David Tolces, Assistant City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
Mayor Taylor called the meeting to order at 6:29 p.m. Commissioner Mack McCray offered the
invocation. Mayor Taylor led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Attorney Tolces pointed out a resolution had been provided to the Commission to coincide with
item VLD on the agenda.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda as amended. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Vice Mayor McKoy commended all those who had been instrumental in getting the marquee
sign approved and erected for Boynton Beach High School on Gateway Boulevard.
Commissioner McCray thanked all those who contributed to the School Supply Drive.
Mayor Taylor mentioned he and Vice Mayor McKoy had attended the Florida League of Cities
meeting in Jacksonville. He was proud of Vice Mayor McKoy for representing Palm Beach
Meeting Minutes
Regular City Commission
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August 15, 2006
County, as the local President. The number one priority for the new State President of the
League of Cities is affordable housing to be examined by a blue ribbon committee over the
entire state.
Vice Mayor McKoy added in two years the President of the League of Cities should be Carmine
Peoria from Wellington as he was installed as the 2nd Vice President currently. This would give
Palm Beach County more clout within the Florida League of Cities.
Commissioner Ensler announced the ribbon cutting ceremony had been held for Fire Station #2
on Woolbright Road. It will be fully operational very soon.
Mayor Taylor announced Palm Beach County had passed the request of the City of Boynton
Beach for $15,000 toward the visioning committee.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
1. Oceanfront Concert -- Friday, August 18, 2006 from 6 to 9 p.m. at
Oceanfront Park featuring the band Totall Kontroll.
Wayne Segal, Public Affairs Director, invited everyone to attend the free Oceanfront Concert to
be held on Friday August, 18th.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Read for the Record Day - August 24, 2006
b. Firefighter Appreciation Week - September 1-8, 2006
Mayor Taylor read the Proclamation for the Read for the Record Day as August 24, 2006 and
presented it to Cheryl Fishman, Youth Services Librarian for the Boynton Beach City Library. Ms.
Fishman thanked everyone for supporting all that is being done at the Library.
Mayor Taylor read the Proclamation for Firefighter Appreciation Week to be September 1st
through the 8th, 2006 and presented it to Chief William Bingham. Chief Bingham acknowledged
the presence of Emily DeLoach, the Muscular Dystrophy Association (MDA) District Director and
Chris Fosmire and David Kirby who receive services from the MDA. Audrey Girardi, the Fire
Department Coordinator and Lt. Tom Murphy representing the IAFF were also present.
Chief Bingham explained firefighters across the nation are major contributors to the MDA, raising
over $20M in the past two years. Boynton Beach firefighters alone raised $19,315 through the
annual boot drive. They hoped to lead the County in their contributions this year. All funds raised
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remain in Palm Beach County to support the needs of the residents. He announced the boot drive
would be conducted throughout the City September 1st thru September 4th. He thanked
everyone in advance for their continued support.
Lt. Thomas Murphy of the Boynton Beach Fire Department, representing Local 1891 and the
professional firefighters and paramedics, indicated the Proclamation is very motivational and
thanked the Commission and staff for their support.
2. Presentation of a citation to AI DeMarco for his six years of service to the
Community Redevelopment Agency (CRA) Board.
Mayor Taylor read and presented a special citation to AI De Marco for his many years of volunteer
service to the City of Boynton Beach. Mr. De Marco thanked the Commission for the opportunity
to serve on the Community Redevelopment Agency Board and thanked the board members for
their cooperation and support.
Lisa Bright, Executive Director of the CRA presented Mr. De Marco with a lead crystal vase.
Jeanne Heavilin, past Chair of the CRA board, added Mr. De Marco's contributions had been
invaluable to the board. Stormet Norem, Vice Chair of the CRA board, having worked with Mr. De
Marco on many boards, noted his work had been exemplary and thanked him for service well
done.
Mr. De Marco added he hoped the Heart of Boynton project would continue to move forward.
IV. PUBLIC AUDIENCE:
INDMDUAL 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>
Fiel Bronson, 201 NE 19th Avenue, expressed concern about a warning ticket for an expired
registration he had received from the Boynton Beach Police Department and the possibility of
profiling African-Americans. Mayor Taylor assured him the Police Department would contact him
about his warning ticket.
Jean Kane, 1657 Wood Fern Drive, discussed the property adjacent to Fire Station #2 on
Woolbright Road and the need to have the power company clean up the area being used as a
staging area for placement of new utility poles. Mayor Taylor explained the City required the area
be restored to its original condition or better upon completion of the project. She also requested
the islands on Woolbright Road be landscaped.
Lois Smith, 122 NW 8th Avenue, asked the Commission for letters of support for the creation
of a charter school in the area. Mayor Taylor voiced his non-support of charter schools in general.
Commissioners Ferguson and McCray indicated they would support a new charter school.
Dee Zibelli, 1811 Meadows Circle, pointed out what she perceived as a hypocrisy involving a
Planning and Development Board member. She also voiced her displeasure with the additional
housing being requested by Quantum Park developers.
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James Ross, 1513 SW 22nd Street, requested the City investigate the blockage of the canal
from Woolbright Road south, draining into Lake Roma. He claimed the canal had become a
mosquito and rat infested swamp. Mr. Ross had been in contact with the Lake Worth Water
District on several occasions to no avail.
Commissioner Ensler contacted the Lake Worth Water District also and they indicated the
blockage was on property owned by the Leisureville community. He requested the City staff
investigate the cause of the problem and what could be done to correct the problem.
Sergio Casaine, 13 Meadows Park Lane, explained he supported the Quantum Park request
for additional housing units because it was an opportunity for workforce housing in the City of
Boynton Beach.
Richard Philpott, 1361 SW 27th Avenue, introduced Circuit Judge Arthur Wroble.
Judge Arthur Wroble reviewed his qualifications and past experience with the Circuit Courts.
He explained the function of the Circuit Courts and asked for the continued support of the citizens
for him to remain on the bench.
Herb Suss, 1711 Wood Fern Drive, felt the campaigning of Judge Wroble was objectionable
and asked Mayor Taylor to disallow the practice. Mayor Taylor indicated he would allow any judge
to speak during Public Audience for the purpose of giving voters valuable information.
Sunny Garcia, 1631 NW 3rd Lane, hoped the City had taken care of any malfunctioning school
crossing lights, since school started the next day.
No one else coming forward, Mayor Taylor closed the public hearing.
V. ADMINISTRATIVE:
A. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07
Mayor Taylor Cemetery Board Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Code Compliance Board Alt 1 yr term to 4/07
IV McKoy Code Compliance Board Alt 1 yr term to 4/07
Mayor Taylor Community Relations Board Alt 1 yr term to 4/07
IV McKoy Community Relations Board Alt 1 yr term to 4/07
Mayor Taylor appointed Sanford Mendelsohn as an alternate on the Community Relations Board.
Motion
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Commissioner Ferguson moved to approve the appointment of Sanford Mendelsohn to the Community
Relations Board. Commissioner McCray seconded the motion. The motion passed unanimously.
Mayor Taylor Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3)
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Golf Course Advisory Committee Alt 5 yr term to 6/11
II McCray Library Board Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Library Board Alt 1 yr term to 4/07
I Ensler Planning & Development Board Reg 2 yr term to 4/08 Tabled (2)
Motion
Commissioner Ensler nominated Jon Blehar as a regular member of the Planning & Development
Board. Vice Mayor McKoy seconded the motion. The motion passed unanimously.
II
Ensler
Recreation & Parks Board
Alt
1 yr term to 4/07
IV
McKoy
Employees' Pension Board
Reg
3 yr term to 4/08
Motion
Commissioner McCray moved to table the remaining appointments not filled. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Agenda Preview Conference - July 28, 2006
2. Minority - Small Business Enterprise Program Workshop - July 28, 2006
3. Regular City Commission - August 1, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Award the "PURCHASE OF ONE NEW AND UNUSED DUAL SIDE-LOADING
RECYCLING VEHICLE" Bid #045-2516-06jJA to Container Systems &
Equipment of Daytona Beach, FL in the amount of $119,555 with an
allowance for "Trade In" of $9,000 for a total expenditure of $110,555.
2. Approve a piggyback off the City of Melbourne RFP #10-11-1-2005 with
Insituform Technologies, Inc. for pipeline rehabilitation services with an
estimated expenditure of $97,569.90
C. Resolutions
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1. Proposed Resolution No. R06-138 RE: Approving and
authorizing execution of an Interlocal Agreement between Palm Beach
County and City of Boynton Beach for the removal of invasive non-native
plant species for the Quantum Park site.
Mayor Taylor pulled item VLC.1 for discussion.
2. Proposed Resolution No. R06-139 RE: Approving and
authorizing execution of an agreement between the South Florida Water
Management District (SFWMD) and the City of Boynton Beach (CBB) for
SFWMD to provide financial assistance not to exceed $160,000 to the
CBB for the fact finding and evaluation study of the South Lake Worth
(Boynton) Inlet.
3. Proposed Resolution No. R06-140 RE: Approving and
authorizing execution of Task Order No. U06-4-1 with CDM not to exceed
$20,000 for negotiating additional surficial aquifer allocations on the City's
behalf with the South Florida Water Management District.
Commissioner Ferguson pulled item VLC.3 for discussion.
4. Proposed Resolution No. R06-141 RE: Approving the
execution of an annual contract with CompuTEE International, Inc., to
provide an automated tee-time system at a maximum cost of $2,500 per
year.
5. Proposed Resolution No. R06-142 RE: Approving and
authorizing execution of a contract to accept hazard mitigation funding of
$137,336 from the Department of Community Affairs, Division of
Emergency Management to cover the 2nd story windows at City Hall with
Miami Dade approved hurricane window coverings.
6. Proposed Resolution No. R06-143 RE: Approving an
amendment to paragraph (d) (2) under "General Policies" in Resolution
No. 05-012, regarding Grant Funding Policies.
Commissioner McCray pulled item VLC.6 for discussion.
7. Proposed Resolution No. R06-144 RE: Approving and
authorizing the execution of the Eleventh Amendment to Lease
Agreement with Cingular Wireless for reassignment of lease in order to
reinstate the revenue stream.
8. Proposed Resolution No. R06-145 RE: Approving and
authorizing execution of a repair proposal from Madsen/Barr of Lake
Worth, FL for the amount of $58,900 and Jacksonville Electric Authority
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(JEA) Bid #WCS-123-00 -- Insituform Technologies of Jacksonville, FL for
the amount of $11,525 for a total cost of repair of $70,425.
D. Approve the roadway name change of N.E. 2nd Avenue east of U.S. Highway
One (Federal Highway) to be known as BOYNTON BEACH BOULEVARD.
E. (Intentionally left blank)
F. Authorize the use of $1,000 of Commissioner Mack McCray's Community
Investment and $1,000 of Vice Mayor McKoy's Community Investment Funds to
the Boynton Beach Faith Based CDC.
G. Authorize the use of $2,000 of Vice Mayor McKoy's Community Investment Funds
to the Boynton Beach All-Star Cheerleading Squad.
Motion
Commissioner Ferguson moved to approve all Consent Agenda items with the exception of
those items pulled for discussion. Commissioner McCray seconded the motion. The motion
passed unanimously.
VI.C.l.
Proposed Resolution No. R06-138 RE: Approving and
authorizing execution of an Interlocal Agreement between Palm Beach County
and City of Boynton Beach for the removal of invasive non-native plant species
for the Quantum Park site.
Due to an inconsistency in the agenda materials, Mayor Taylor requested clarification if the
agreement pertained to the Quantum Park site or Boundless Playground. Mr. Bressner replied
the Quantum Park was the site.
Motion
Commissioner Ferguson moved to approve item VLC.1. Vice Mayor McKoy seconded the
motion. The motion passed unanimously.
VI.C.3
Proposed Resolution No. R06-140 RE: Approving and
authorizing execution of Task Order No. U06-4-1 with CDM not to exceed
$20,000 for negotiating additional surficial aquifer allocations on the City's
behalf with the South Florida Water Management District.
Commissioner Ferguson did not feel it was appropriate to negotiate a new allocation figure with
the SFWMD until some decision had been made on the status of the Boynton Beach water
system.
Commissioner Ensler felt the new allocation would increase the amount of drinking water
available to the City and would be beneficial in the long term. Mayor Taylor agreed.
Motion
Commissioner Ensler moved to approve item VLC.3. Commissioner McCray seconded the
motion. The motion passed 4-1. (Commissioner Ferguson dissenting)
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VI.C.6
Proposed Resolution No. R06-143 RE: Approving an
amendment to paragraph (d) (2) under "General Policies" in Resolution No. 05-
012, regarding Grant Funding Policies.
Commissioner McCray asked that interested parties be allowed to speak before a vote on the
item.
David Zimet, Boynton Beach Faith Based Community Development Corporation,
indicated any limitation on the allocation of grant monies received from the City would diminish
the services delivered. Their service involves counseling which requires staff and payroll. He
reported none of his administrative costs are covered by CDBG monies. He estimated 40% of
the total office payroll is covered by CDBG monies.
Vice Mayor McKoy inquired if any other funds would be available for salaries and Mr. Zimet
responded developer fees, closings, and sale of newly constructed homes generate some funds.
There is also a youth program that is independently funded. Mr. Zimet added funds from banks
and other grants are used mostly for administration costs. A small portion of those funds could
be allocated to counseling services.
Commissioner Ensler was not sure he understood what would be considered an administrative
expense.
Commissioner McCray inquired if Mr. Zimet had any problems with the CDBG funds and he
advised he had not encountered any problems in the past.
Mr. Bressner pointed out the prior ordinance also did not include a definition of administrative
expenses. Quintus Greene, Director of Development defined administrative as office expenses
that are not direct personnel expenses; such as, rent or overhead expenses. Mr. Zimet
indicated CDBG funds were not used to pay for rent or electricity or office supplies.
Commissioner Ensler suggested a definition of administrative be added to the resolution.
Attorney Tolces added the use of CDBG funding is governed by Federal regulations.
Commissioner McCray confirmed through Mr. Greene that the funds currently being used are
within the Federal guidelines.
Vice Mayor McKoy indicated and Mr. Greene confirmed, the City did have the right to modify the
percentages for the use of CDBG the monies.
Chris Plummer, representing R.M. Lee CDC, 900 N. Sea crest Blvd., clarified the Federal
guidelines define administrative costs as materials and supplies, non-administrative cost, direct
client services and administrative costs of non-direct client services. Mr. Plummer gave various
examples of expenses that would be direct or indirect costs. He added the services provided by
the non-profit organizations are furnished free of cost using personnel to serve people. The
major portion of cost, therefore, would be people cost to help others. Fund raising activities are
used by many organizations to supplement funding, as well as grants from banks and other
agencies. Mr. Plummer noted since Boynton Beach was a Federal entitlement community, some
Federal monies were not available to the non-profit organizations. Fund raising efforts have not
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been very successful in recent years according to Mr. Plummer. He stressed, if the resolution
as written would be passed, some agencies would not be able to provide services and would
close.
Sherry Johnson, Executive Director of the Community Caring Center, reviewed the
various expenses of the Center and explained how funding had been applied to those expenses.
The formula proposed by the new resolution would not give the Center money for food, clients'
rent payments or utility bills. She speculated that the entire program would need to be
revamped by staff and may not be ready for next year to distribute any funding. Ms. Johnson
emphasized the CDBG funding was the only source of funding for the Community Caring Center
program.
Commissioner McCray thanked Ms. Johnson for her efforts and asked if she was happy with the
present allocation of funds. She replied the program was easy and she was pleased with it as
long as the process was fair.
Commissioner Ensler examined the percentages called for in the new ordinance and determined
the percentages were possibly not workable. Mr. Greene stressed the staff was very
comfortable with the program as it has been; however, the Commission requested the review.
Mayor Taylor and Commissioner McCray contended the request for change was unnecessary.
Motion
Commissioner Ferguson moved to approve Proposed Resolution No. R06-143. Commissioner
Ensler seconded the motion for discussion. The motion failed 1-4. (Mayor Taylor,
Commissioners Ensler, McCray and Ferguson dissenting)
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Approve proposed settlement of attorney's fees in the amount of $25,125.25 for
Erskin Rogers, counsel for Theodore Ryan and Gerhard Degen.
Motion
Commissioner Ferguson moved to approve item VILA. Commissioner McCray seconded the
motion. The motion passed unanimously.
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 Commission.
Attorney Tolces administered an oath to all those intending to testify.
A.
Project:
Agent:
Owner:
Location:
Meadows PUD (MPMD 05-013)
Steven L. Cohen & Associates, P .A.
Boynton Meadows, LLC
Southwest corner of Congress Avenue and Hypoluxo Road
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Description:
Request for Master Plan Modification approval for the addition of
34 townhomes to the Meadows Planned Unit Development (PUD).
B.
Project:
Agent:
Owner:
Location:
Description:
Meadows Townhomes (NWSP 05-032)
Steven L. Cohen & Associates, P .A.
Boynton Meadows, LLC
100 Meadows Circle
Request for New Site Plan approval for 34 town homes and related
site improvements on a 7.966 acre tract within the Meadows
Planned Unit Development (PUD).
It was agreed that both items relating to the Meadows Townhomes could be heard together.
Mike Rumpf, Director of Planning and Zoning, reviewed the purpose of the two applications to
add 34 townhomes in seven buildings to the PUD. Staff recommended approval of the master
plan without conditions of approval and the new site plan be approved with conditions of
approval.
Steven Cohen, architect and agent for the applicant, indicated all aspects of the Code
had been complied with, including additional landscaping along the western berm and a light
brightness study. The applicant agreed to search for any gopher turtles before construction
and relocate any turtles, if found.
Mayor Taylor opened the issue for public hearing.
Sergio Casaine, 13 Meadows Park Lane, justified the decision he had made as a member
of the Planning and Development Board, based on the fact that the residents of Nautica Sound
be given an opportunity to discuss their concerns with the developer. He did support the
project and its impact on the Meadows development, but felt proper notice was required.
Mr. Cohen responded the developer had been given the wrong information from the County for
notice. The entire project was re-submitted and the correct addresses were given notice
complying with the law and regulations of the City.
David Katz, 67 Midwood Lane, contended the developer was highly reputable and met all
conditions of staff and the homeowners' association of the Meadows. They had enhanced the
apartments and entryways and improved the development as a whole. He did not feel the
proposed 34 homes would affect anyone's quality of life and would, in fact, enhance the tax
base.
Herb Suss, Quail Run, voiced his opinion that the residents of Nautica Sound should be given
the opportunity to bring their opinions forward. Mayor Taylor pointed out the Commission was
prepared to hear their concerns at this time.
David Core, attorney, representing Nautica Sound Homeowners Association,
submitted the elements required under the Code of Ordinances had not been met. He noted
the gopher tortoises are protected species in the State and there are no conditions of approval
dealing with environmental concerns other than landscaping. Mr. Core alleged the adverse
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August 15, 2006
affect on the adjacent property owners must be considered and the buffer zone is insufficient.
He noted the original site plan contained the 34 townhomes in a different location. In his view
the applications are deficient and should be denied and sent back to developer.
Mayor Taylor requested staff respond to Mr. Core's allegations. Mr. Rumpf responded the
gopher tortoise issue and other issues would need to be addressed prior to approval or a
condition of approval prior to the permit stage. The site had not been identified as an eco-
system site as outlined by a County study. If there are tortoises, they will need to be identified
and audits would be done along with proper mitigation measures taken in accordance with
State of Florida law. The road had been viewed as a driveway or parking area for the units and
not a high traffic area. Mr. Rumpf indicated staff had not considered the addition of the 34
units a major or substantial change to the 1,359 unit Planned Unit Development Master Plan to
justify a rezoning.
Commissioner Ensler felt the mitigation issues were important enough to be a condition of
approval at the present stage of the plans. Mr. Rumpf agreed. Mr. Cohen commented his
client had made a $50,000 donation to the Little League teams as part of the art fee.
Commissioner McCray inquired if a 30 day delay would be a hardship. Mr. Cohen explained
financing deadlines require the project be permitted within 90 days. In Mr. Cohen's view the
project met and exceeded the requirements of the Code. The Nautica residents had been
notified on a timely basis based on the City ordinance.
Mayor Taylor felt tabling the issue for 30 days would not accomplish anything and was
unnecessary.
Brenda Sansaricq, 7080 Chesapeake Circle, alleged 120 homes in Nautica Sound would be
affected by the new development. She did not feel the buffer area would be sufficient. Her
concerns were the safety of children going to school, the environmental impact, dumpsters,
crime, noise and property values. She suggested moving the buildings further east rather than
destroying Nautica Sound.
Neil Redmond, 3920 Newport Avenue, President of the Nautica Sound Homeowners
Association, contended the proper notice was not given because a return address had been
omitted and it incorrectly stated the time of the meetings. He alleged the project would benefit
a few and hurt a majority of homeowners. He speculated the Planning and Zoning Division was
only concerned with the tax dollars.
Harvey Klein, 7156 Chesapeake Circle, speculated the driveway proposed would be a road
as traffic would be going both ways on the pavement. He also objected to the lights to be
installed and the possibility of dumpsters with rats and roaches, plus an increase in crime.
Blair Schrader, 7164 Chesapeake Circle, was interested in his quality of life and asked the
Commission to think about their decision very carefully.
Diane Schrader, 7164 Chesapeake Circle, showed a collection of pictures and located her
property in relation to the new townhome buildings. She also contended the driveway would
actually be a road and reiterated concerns regarding an increase in crime. Ms. Schrader had
taken offense to the ten day notice the residents of Nautica Sound were given. She asked the
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Commission to preserve what little green space is left in Boynton Beach and move the project
further east.
Aaron Silverman, 3517 Stratton Lane, added the values of the homes being sold in Palm
Beach County have already decreased in the last year. He mentioned the other developments
going up along Lawrence Road and suggested the new town homes would be difficult to sell
unless they would be sold at a very low price. He speculated they may become rental
properties with transient residents.
Sally Sands, 7172 Chesapeake Circle, opposed the 34 townhome expansion because of the
increase in noise, dumpsters, traffic and potential crime in her backyard. She felt her privacy
would be compromised and her home's value decreased. She also suggested moving the
homes further east.
Monique Lacher, 3728 Providence Road, felt environmental issues should be studied along
with the availability of services to protect the citizens in the area. She also questioned if the
schools had adequate room to support the new housing. Ms. Lacher contended the studies
should be completed before anything is allowed to be built in the area.
Mr. Core submitted an interoffice memo from Officer Huntington dated September 23, 2005
estimating a 6% increase in police calls would occur in addition to the need for another police
officer and other services. Mr. Core alleged the changes should be considered a major
modification. The second letter he submitted was a letter from the Planning Department
indicating a master plan modification would be required and the proposed new site plan would
be a major site plan modification. Mr. Core felt the entire matter should be submitted as a re-
zoning application and would trigger the environmentally sensitive lands regulations. He
alleged the application was insufficient on its face and should be denied and the developer
should be required to submit a new plan in compliance with the major modification regulations.
Melanie Duran, 3514 Danbury Court, was concerned about her safety walking home from
school.
Mr. Cohen rebutted the previous speakers that only 18 homes adjoined the property. He
explained the letter sent to adjoining homeowners is simply a form letter that is actually
submitted by the City to the developer for mailing. He stressed the use of the property for a
walkway is a trespass on private property and not for the use of the residents of Nautica. He
noted there are two gate systems that would need to be opened for anyone to enter the area.
Environmental and traffic studies had been conducted and concluded there would be no impact.
Mr. Cohen explained the buildings could not be moved further east because all the utilities were
on the west property line and it would not be cost effective to move those utilities.
Vice Mayor McKoy inquired how the residents who received the notice would be able to contact
the developer without any return address or other information in the notice. Mr. Cohen replied
the contact could be made through the City.
Michael Kaplan, 3841 Newport Avenue, supported his neighbors and felt impact studies
should be completed on the effects to the adjoined property owners and the builder should
compromise for the sake of the neighborhood.
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Mr. Rumpf related staff had contacted the school to attempt to create a walkway for all the
children. The lighting and berming issues were covered in the conditions of approval. He
confirmed the project would be gated. A maintenance shed does exist on the property. Mr.
Rumpf submitted a letter from Chief Immler that there would be no impact on service levels if
the development were to proceed. Mr. Rumpf clarified there had never been an indication the
project would constitute a major modification to the master plan. He confirmed an affidavit of
proper notice had been received.
Commissioner Ensler determined the letter from Officer Huntington was sent in his official
capacity and that he reviews all projects.
Mayor Taylor requested more detail on the additional landscaping along the berm and Mr.
Cohen reviewed the types of trees and plants to be used and their possible heights. Mayor
Taylor further commented the zero lot lines in Nautica do not allow for any privacy and there is
already garbage pickup within the Nautica community. Mayor Taylor pointed out to compare
the traffic noise from the 120 homes along Chesapeake Circle to the traffic from only 34 homes
in the Meadows would be unrealistic. He did point out staff simply review the site and plans
and if it complies with the Code and regulations staff would recommend approval and they do
not sell projects to the Commission. He stressed the property owners do have a right to
develop their land and it would not remain vacant land.
Vice Mayor McKoy suggested the developer meet with the neighbors and try to reach accord.
Motion
Commissioner Ferguson moved to approve the Master Plan Modification. Commissioner McCray
seconded the motion. The motion passed 4-1. (Mayor Taylor dissenting)
Motion
Commissioner Ferguson moved to approve the New Site Plan. Commissioner McCray seconded
the motion.
Commissioner Ensler requested the addition of the mitigation measures be added to the motion.
Commissioners Ferguson and McCray agreed to the amendment to their motion.
Mr. Rumpf submitted the following draft language to be added, "Conduct any warranted
environmental audits on the property and satisfy any applicable County or State regulations
regarding the preservation, relocation, etc. of recognized or protected plants or animal species."
Commissioners Ferguson and McCray agreed to the language. The motion passed 4-1. (Mayor
Taylor dissenting)
c.
Project:
Agent:
Owner:
Location:
Red Lobster (NWSP 06-018)
Linda Nunn
GMRI, Inc. (Neil Terwilliger)
Out Lot #3 @ Boynton Town Center, approximately 450 feet
north of the northeast corner of Congress Avenue and Old
Boynton Road
13
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 15, 2006
Description:
D.
Project:
Agent:
Owner:
Location:
Description:
Request for New Site Plan approval to construct a 7,010 square
foot restaurant and related site improvements on Out Lot #3 of
the Boynton Town Center site. (Applicant requests
postponement to September 19, 2006)
Smokey Bones (NWSP 06-019)
Linda Nunn
GMRI, Inc. (Neil Terwilliger)
Out Lot #1 @ Boynton Town Center, northeast corner of
Congress Avenue and Old Boynton Road
Request for New Site Plan Approval to construct a 6,436 square
foot restaurant and related site improvements on Out Lot #1 of
the Boynton Town Center site. (Applicant requests
postponement to September 19, 2006)
Motion
Commissioner Ferguson moved to postpone items VIILC and VIILD to September 19, 2006.
Vice Mayor McKoy seconded the motion. The motion passed unanimously.
Mayor Taylor declared a five minute recess at 9:09 p.m.
Mayor Taylor reconvened the meeting at 9:22 p.m.
E.
Project:
Agent:
Owner:
Descri ption:
Boynton Village Community Development District (CDD
06-001)
Michael Szymonowicz/Wrathhell, Hart, Hunt and Associate, LLC
1950 Congress Avenue, LLC, Target Corporation, South Florida
Devco, Inc.; and WR 2, LLC
Request for an ordinance establishing the Boynton Village
Community Development District. (2nd Reading of Proposed
Ordinance No. 06-073 will be on September 6, 2006)
Attorney Tolces explained the item was set for public hearing and advertised by the applicant.
However, the City's ordinance was not noticed properly and must be re-noticed for September
6th.
Craig Wrath hell, representing the petitioner, agreed and indicated the applicant had no
objection.
Mayor Taylor opened the issue for public hearing.
Motion
Commissioner McCray moved to continue the matter to September 6, 2006. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Revisions to 2006-07 Budget based on Budget Workshop Discussions
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 15, 2006
Commissioner McCray requested assurance that the holiday bonus would not be eliminated.
Mr. Bressner concurred.
Mr. Bressner reviewed the changes as discussed at the budget workshop. He noted a portion
of the building permit revenue could be added based on the fact the Gulfstream Lumber project
would move forward during the next fiscal year. He cautioned building permit revenues are one
time revenues and lowers the ongoing revenue base making it a one year fix. Mr. Bressner
advised the budget can balance with 7.1 mills without the building permit revenues and still
maintain a $16,000 surplus. Another option would be 7.0 mills, utilize the building revenues
and balance the budget with no surplus. Some cuts would need to be made, but would not
result in any program changes.
Mayor Taylor favored the 7.2 mills with a cushion for any disasters and to assure processing
permits for the Heart of Boynton project could be timely accomplished even if additional
personnel would be needed.
Commissioner McCray felt more cuts could be made to reach 7.0 mills, but he would agree to
7.1 mills.
Vice Mayor McKoy recognized the need for additional monies to deal with the unknown and
would agree with the 7.2 mills.
Commissioner Ensler commended the City Manager and staff for the budget prepared for the
next fiscal year that eliminated deficit financing. He accepted all the recommended changes
with the exception of the legal reserve budget cut. Commissioner Ensler agreed with the 7.0
mills.
Mr. Bressner pointed out the reserve fund is required by law and currently totals $14.3M of
unobligated funds in the general fund. There is also a reserve fund balance of $7.1M. Use of
the funds could only be with the Commission's approval.
Commissioner Ferguson took a more drastic role and would only accept 6.8 mills that would be
viable contrary to the City Manager's opinion.
Herb Suss, Quail Run, commented 6.8 mills would be irresponsible and felt 7.2 mills should be
the minimum in light of the decline in the housing market and the possibility of hurricanes.
Mr. Bressner clarified the legal reserve fund was for collective bargaining purposes and not
litigation. He noted other cities have higher assessed values to generate more tax revenue with
a lower millage rate. For purposes of finalizing the budget for the public hearing, Mr. Bressner
requested consensus from the Commission on the millage rate.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 15, 2006
Motion
Commissioner Ensler moved to accept all the decreases plus the increase in revenues.
Commissioner McCray seconded the motion. The motion passed 3-2. (Mayor Taylor and
Commissioner Ferguson dissenting)
Motion
Commissioner Ensler moved to set the millage rate at 7.0. Commissioner McCray seconded the
motion.
Motion
Mayor Taylor passed the gavel and moved to set the millage rate at 7.1. Commissioner McCray
seconded the motion. The motion passed 3-2. (Commissioners Ensler and Ferguson
dissenting)
Mayor Taylor announced a letter had been received from Representative E. Clay Shaw
presenting a Flag to the City of Boynton Beach that flew over the Capitol on July 4th,
commemorating the 230th anniversary of the signing of the Declaration of Independence. The
Flag was presented to the City Manager.
X. FUTURE AGENDA ITEMS:
A. Ordinance creating a mechanism for naming facilities within the City and
establishment of overseer committee - Sept. 6, 2006
B. Review of Management Study of Boynton Beach Police Department as prepared
by the Police Executive Research Forum - Sept. 6. 2006
C. Interlocal Agreement between the City of Boynton Beach and the Palm Beach
County School District on facility use and fees - Sept. 19, 2006
Commissioner Ensler requested adding the following items to the Future Agenda Items:
. Schedule of development fees and the due dates of the fees
. Payment of art fee when added to site plan extensions
· 30% allocation of art fee to staff
XI. NEW BUSINESS:
A. Approve the staff recommendation for the creation of a formal Small/Minority
Business Enterprise Program for the City of Boynton Beach in the form of an
ordinance. (see proposed draft ordinance)
Commissioner McCray requested an explanation of the $50,000 for a strategic plan
implementation.
Wilfred Hawkins, Assistant City Manager, responded the monies were a recommendation in the
proposed budget to implement the program. A lower amount could be utilized. He clarified the
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 15, 2006
request was simply to bring the proposed ordinance back before the Commission to be formally
considered.
Motion
Commissioner McCray moved to proceed with the proposed ordinance. Vice Mayor McKoy
seconded the motion. The motion passed 4-1. (Commissioner Ferguson dissenting)
Commissioner Ensler requested reconsideration of the millage rate for the budget.
Motion
Vice Mayor McKoy, being on the prevailing side of the original motion, moved to reconsider the
millage rate. Mayor Taylor passed the gavel and moved to second the motion to reconsider.
The motion passed 3-2. (Commissioners McCray and Ferguson dissenting)
Vote
A new vote was taken on the original motion to set the millage rate at 7.1. The motion passed
4-1. (Commissioner Ferguson dissenting)
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-074 RE: Approving the
adoption of the Federal Highway Corridor Community Redevelopment
Plan Update.
Attorney Tolces read Proposed Ordinance No. 06-074 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-074. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
2. Proposed Ordinance No. 06-075 RE: Approving an
increase in the maximum allowable dwelling units permitted under the
development order from 1,105 to 1,905 dwelling units. (Quantum Park
NOPC #16 DRIA 06-001)
a. Quantum Park NOPC #16 MPMD 06-003 Request to approve
Master Plan Modification to allow an increase in the maximum
number of dwelling units allowable from 1,105 to 1,905 units and
change in designation of lots 17, 52, 58, 102 and 103 to Mixed
Use (MU). (Tabled to August 15, 2006)
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL August 15, 2006
Motion
Commissioner McCray moved to remove item XII,2.a from the table. Vice Mayor McKoy
seconded the motion. The motion passed unanimously.
Attorney Tolces read Proposed Ordinance No. 06-075 by title only.
David Norris, attorney for the applicant, reviewed some of the history of Quantum Park's
development. He noted the project had evolved based on the demands of the public over the
last ten years requiring amendments to the plans. All the required criteria have been met.
Mr. Bressner addressed the issue of the traffic signal and thought the record on NOPC #12 was
not clear and the matter needed to be addressed at this juncture. A surety for one of the traffic
signals had been posted by D.L. Horton that would expire at the end of September in the event
warrants were not met. Staff recommends MFT Development Incorporated be responsible for
posting letters of credit for both traffic signals for a five year period as warrants would be
evaluated on an annual basis. The obligation could be transferred to a successor in title with
the Commission's approval. Mr. Bressner did not want the responsibility for the traffic signals to
fall to the taxpayers. He suggested the issue be added as a condition of approval.
Mr. Norris agreed the issue was already addressed with NOPC #12. The applicant was willing
to be obligated to provide the signal; however, they felt the appropriate time for the bond
would be the application for site plan approval.
Mr. Livergood responded a guarantee should be required that when the need arises the signals
would be constructed. Typically the surety is a letter of credit for the guarantee. The question
would be equity and the responsibility should rest with the developer or the individual builder.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 06-075. Commissioner
Ferguson seconded the motion.
Mayor Taylor opened the issue for public hearing.
Glen Jergensen, President of the Boynton Beach Chamber of Commerce, read a letter
from the Board of Directors of the Chamber of Commerce, sent to the Commission, a copy of
which is on file in the City Clerk's office. The letter agreed with staff's recommendation to deny
the two applications.
Commissioner Ferguson requested a tabulation of the voting on the motion relating to the
content of the letter and Mr. Jergensen responded he would supply the information.
Commissioner McCray asked how many businesses were members of the Chamber of
Commerce and Mr. Jergensen replied the Chamber had 695 businesses in the greater Boynton
area.
Warren Timm, 130 NE 126th Avenue, referred to the Palm Beach County Industrial Land
Use Needs study that indicated industrial uses generate fiscal revenues while residential uses
create fiscal deficits. He suggested members of the Commission and the Planning and
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 15, 2006
Development Board interview industries built in other cities to find out the reason industries do
not come to Boynton Beach.
No one else coming forward, Mayor Taylor closed the public hearing.
Mr. Norris stressed the request was for mixed use that included retail/commercial plus
residential. The need and demand for true industrial manufacturing use no longer exists
according to Mr. Norris. Of the 1.5M square feet for industrial the current use is 1.2M square
feet of warehousing and distribution. The proposed change would not eliminate those uses.
Commissioner Ensler commented the issue should be the location of industrial land and
rezoning so industrial uses are not along the main arteries into the City.
Brian Miller, 2515 NE 2nd Ct., related some area residents feel the urbanization of Quantum
Park was out of hand. He recalled Gateway was never meant to be a major thoroughfare and
yet the traffic had become horrendous. Mr. Miller suggested the widening of the intersection at
Gateway and Seacrest should be considered.
Sergio Casaine, 13 Meadows Park Lane, agreed with Commissioner Ensler that all of south
Florida is not an industrial area or even light industrial because there is no manufacturing. He
purported retail and commercial space would be gained along with the opportunity for
workforce housing.
Herb Suss, Quail Run, inquired how much effort was being made to attract businesses to
Boynton Beach such as the biotech firms to be part of the mixed use.
James "Buck" Buchanan, 807 Ocean Inlet Drive, believed the need for industrial land has
changed in Quantum Park and the opportunities for industrial space were lost. The basis for
the requested change was for transit-oriented housing and workforce housing, yet the proposed
ordinance addressed neither of those elements. He urged the Commission to vote down the
proposed ordinance and create a new ordinance with specific detail encompassing the traffic
signals and housing issues, so it would all be in writing for future reference.
Ross Silvario, 10 Velaire Drive, indicated efforts were being made to encourage businesses
to come to Boynton Beach and many places are available. Businesses are looking for space and
he felt that was what the City had been attempting to do; not take away land for commercial
use and change it to residential and restaurants. The proposed ordinance would take more
land away in his view.
Mayor Taylor again closed the public audience.
Mayor Taylor reiterated he would not support the change and would never vote to give away
the City's industrial land of which little is left in Boynton Beach. He stressed workforce housing
is not involved in the request, rather 800 market priced homes.
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 15, 2006
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-075. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-1. (Mayor Taylor dissenting)
Motion
Commissioner Ferguson moved to approve item XII.2.a. Commissioner McCray seconded the
motion. The motion passed 4-1. (Mayor Taylor dissenting)
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 06-077 RE: Amending the
City of Boynton Beach Code of Ordinances and creating a new tiered rate
structure for residential Solid Waste collection rates.
Attorney Tolces read Proposed Ordinance No. 06-077 by title only.
Commissioner McCray requested clarification on the reason for the increase from $.50 to $1.
Mr. Livergood advised the two components were $1 per month for three years to build reserves
and the second component would begin in 07/08 to raise the rates by $.50 per month to
accommodate normal inflationary costs. The rates would then be re-evaluated in three years.
He pointed out the three years would give a $1.2M security for the hurricane fund.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-077. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 5-0.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 15, 2006
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 10:44 p.m.
--
\'-..
ATTEST:
m.~
Ith A. Pyle
eputy City Clerk
(081706)
21
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Meadows Townhomes
APPLICANT'S AGENT: Steven L. Cohen & Associates, P.A.
APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102 Ft. Lauderdale, FL.33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006
TYPE OF RELIEF SOUGHT: New Site Plan approval for the construction of 34 townhouse
dwelling units.
LOCATION OF PROPERTY: 100 Meadows Circle, north of Meadows Boulevard, approximately 2,500
feet west of Congress Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
/GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
8-18-06
Yr;.
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\DO.doc
G 1./--) 1/3 IT
[j
II
Conditions of Approval
New Site Plan
Project name: Meadows PUD
File number: NWSP 05-032
Reference: 3rd review plans identified as a Maior Site Plan Modification with a May 26, 2006 Planning &:
Zoning date stamo marking
I
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments:
1. Conflict between Gumbo Limbo (BS) and dumpster enclosures. Relocate X
BS or replace with non-canopy trees, based on necessary revisions to
Landscape plans.
PUBLIC WORKS - Traffic ~----
-"--
Comments:
Add signage identifYing resident and visitor lanes. --
2. X
3. IdentifY call box location on plans. X
ENGINEERING DIVISION
Comments:
-~-
4. All comments requiring changes and/or corrections to the plans shall be X
reflected on all appropriate sheets.
--
5. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the Technical Advisory
Review Team (TART) process does not ensure that additional comments
may not be generated by the Commission and at pemnt review.
6. 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 Permit.
7. Provide written and graphic scales on all sheets. (Landscape Plans) X
8. Photometric plans does not agree with Landscape, Site and Civil plans for X
light pole locations - please correct. Staff recommends increasing the
number of poles and reducing lighting intensity to provide overall lighting
levels closer to I-foot candle average. Most of the site is well in excess of
the 1 foot candle required, with "hot spots" of 10 foot candles plus in the
immediate vicinity of proposed light pole locations.
9. Revise Landscape plan to reflect site plan changes (i.e. dumpster enclosure X
orientation, light pole locations, etc.).
10. Full Drainage Plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article IV, Section 5 will be required at the time of
permitting.
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DEPARTMENTS INCLUDE REJECT
II. 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:
12. Please provide a detailed timeline that clearly illustrates when water and X
sewer services will be required to serve the proposed project. Your starting
date for the timeline should be the date of City Commission approval. Also
provide milestone dates for permit application, the start of construction, and
the setting of the first water meter. This time line will be used to determine
the adequacy of water and wastewater treatment capacity for your project
upon the project's completion, so please be as accurate as possible. Need
dates prior to Planning & Development Board meeting.
13. All utility easements shall be shown on the Landscape Plans (as well as the X
Water and Sewer 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 the authority to
remove any trees that interfere with utility services, either in utility
easements or public rights-of-way. Relocate light poles and canopy trees
out of utility easements.
14. Palm Beach County Health Department pennits will be required for the X
water and sewer systems serving this project (CODE, Section 26-12).
15. 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)), at the time of permitting.
16. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application fonns or within seven (7) days of Site
Plan approval, whichever Occurs first. This fee win be determined based
upon final meter size, or expected demand.
17. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X
water. As other sources are readily available City water shall not be allowed
for irrigation.
18. Water and sewer lines to be owned and operated by the City shall be X
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DEPARTMENTS INCLUDE REJECT
included within utility easements. Please show all proposed easements on
the engineering drawings, using a minimum width of 12 feet. The I
easements shall be dedicated via separate instrument to the City as stated in
CODE Sec. 26-33(a). Easement shall be centered on the sanitary sewer
main and width shall be determined by using two (2) times the depth of the
sewer line. Easement widths will be finalized at the time of platting and
permitting.
19. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
20. A building pennit for this project shall not be issued until this Department X
has approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
2l. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments:
22. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at pennit review.
23. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or
structure shall be determined by the provisions of ASCE 7, Chapter 6, and
the provisions of 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 permit application.
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24. 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 (pst) on the plans for the building design.
25. Add to all plan view drawings of the site a labeled symbol that represents X
the location and perimeter of the limits of construction proposed with the
subject request.
26. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
27. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X
not, therefore, be used for landscape inigation where other sources are
readily available.
28. 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.
29. 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 IT, Sections 26-34)
30. At time of permit review, submit separate surveys of each lot, parcel, or X
tract. 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.
31. 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 of the 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 numbers must
be provided. The building numbers must be the same as noted on
the Commission-approved site plans.
. The number of dwellinJ~ units in each buildin2.
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DEPARTMENTS INCLUDE REJECT
. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
._-~._-
32. Pursuant to approval by the 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.
33. The full address of the project shall be submitted with the construction X
documents at the time ofpennit 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:
---
34. All shade trees must be a minimum of 12' feet to 14 feet in height and have X
a three (3) inch caliper at DBH (4.5 feet off of ground).
FORESTER/ENVIRONMENT ALIST
---
Comments:
35. The Landscape Architect should tabulate the total existing trees on the site. X
The tabular data should show the individual species of trees proposed to
remain in place, be relocated throughout the site, or removed I replaced on
site. All desirable species of existing trees must be relocated rather than
removed if the trees are in good health. These trees should be shown by a
separate symbol on the landscape plan sheets Ll- L5. [Environmental
Regulations, Chapter 7.5, Article I Sec. 7.D.p. 2.]
Plant Material Sheets LP-l.2 X
36. All shade and palm trees listed must be shown in the description as a
minimum of 3" DBH (4.5' off the ground) [Environmental Regulations,
Chapter 7.5, Article n Sec. S.C. 2.1
37. A Lake Maintenance Plan document must be provided for the proper X
maintenance of the lake plantings. A time zero and quarterly monitoring
report for two years is required of the developer.
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
hedsze plants on three sides.
39. There is no irriszation system desi2l1 included with the site olans. The X
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irrigation design should be low-flow for water conservation. All shade and
palm trees should receive irrigation from a bubbler source. [Environmental
Regulations, Chapter 7.5, Article II Sec. SA.]
PLANNING AND ZONING
Comments:
40. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
41. Approval of this site plan is contingent upon approval of the accompanying X
request for Master Plan Modification.
42. Provide copy of the recorded ingress/egress easements that provide access to X
this project at time of plat.
43. 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.
44. Provide response from the school regarding potential access for school X
children in the neighborhood via a gate in the fence and improved walkway.
X
45. Landscape drawings indicate an existing 18 foot tall Areca Palm buffer
along the west perimeter. Any gaps in the landscaping shall be filled in with
like-size Areca Palms and this buffer shall be dense, so as not to allow
headlights to show through.
46. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X
caliper inches at the time of their installation (Chapter 7.5, Article II,
Section 5.C.2.).
47. Staff recommends screening the at-grade AlC units proposed behind each X
unit with native hedge material.
48. Provide information on the parking for the project to the south to ensure that X
the loss of two (2) parking spaces to create the entry drive to this project
does not adversely affect the required parking for the previously approved
project.
49. The project appears to lack the customary recreational amenities. If you X
intend to utilize facilities located elsewhere within the POO, please submit
letter of authorization.
50. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" Program and must demonstrate their participation.
COA
08/22/06
7
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
~
Comments:
51. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
52. Conduct any warranted environmental audits on the property and satisfY any X
applicable County or State regulations regarding the preservation, relocation,
etc. of recognized or protected plants or animal species.
MWR/sc
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\COA.doc
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. STEVEN L. COHEN . -..........
AND A..DCIATE., P.A. ~'!'!_- u__
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EXHIBIT B
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Bul/dlng
Engineering
cc. License
Deputy City Clark
PROJECT NAME:
Quantum Park DRI NOPC # 16
APPLICANT'S AGENT: Eugene Gerlica
APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive, Suite 101, Boynton Beach, FL 33415
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006
TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to allow an increase in
the maximum number of dwelling units by 800, change in Master Plan
designation of Lots 17, 52, & 58 to Mixed Use (MU), creation of Lots
102 & 103 and designate each (MU) and eliminate Notes #3 & #4 from
the Master Plan.
LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton
(C-16) Canal
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MA ITER 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 made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
/GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
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.
7.
Other
[;3-18- ob
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Amendment #16\DO.doc
EXHIBIT "F"
Conditions of Approval
Project name: Quantum Park NOPC #16
File number: DRlA 06-001/MPMD 06-003
Reference:
DEPARTMENTS INCLUDE REJE~
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
2. City Engineering staff agrees with the concurrency requirements of the X
Palm Beach County Traffic Division. Furthermore, the request by the
Florida Department of Transportation shares components with County
requirements. Therefore, Staff recommends that the applicant comply
with the requests of both the Palm Beach County Traffic Division in
its letter dated June 13, 2006 to Mike Rumpf and of the Florida
Department of Transportation in a letter dated June 26, 2006 to
Eugene Gerlica, applicant. The applicant must identify a strategy to
mitigate any identified traffic problems, and provide surety to the City
for any necessary improvements at the intersections of Quantum
Boulevard with Gateway Boulevard and Quantum Boulevard with
Congress Avenue, prior to City approval of NOPC #16. The
applicant has chosen to not provide the information necessary to
enable staff to make a qualified statement regarding disposition of
NOPC #16. Therefore, the Engineering staff recommends denial of
NOPC #16.
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
3. The elimination of Quantum Lakes Drive and Quantum Boulevard, south of X
Gateway Boulevard, will require formal abandonment by the City, for which
applications need to be filed and approved.
4. If the City Commission supports and approves this NOPC request, staff X
recommends that the approval exclude the dwelling units intended for a
potential Tri-Rail/TOD project (conceptualized as 500 units) from this
application and that they be combined with the subsequent NOPC request
required as a pre-requisite to a TaD project on this parcel.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
6. The developer and/or occupants of Quantum Park shall provide a traffic X
signal, if warranted, at the Quantum Boulevard - Congress A venue and
Gateway Boulevard - Quantum Boulevard intersections.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 7. None I X I I
S:\Planning\PJanning Templates\Condition of Approval 2 page revised 2003 form.doc
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JEB BUSH
GOVERNOR
~
Florida Department of Transportation
PLANNING AND ENVIRONMENTAL MANAGEMENT . DISTRICT 4
3400 West Commercial Blvd., Ft. Lauderdale, Fl 33309-3421
Telephone (954) 777-4601 Fax (954) 777-467l
Toll Free Number: 1-866-336-8435
EXHIBIT 0
DENVER J. STUTLER, JR.
SECRETARY
June 26, 2006
RECEIVED
JUN l 8 7.006
Mr. Michael J. Busha, AICP
Executive Directol'
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, FL 34994
TRIiASUAE COAST
REGIONAL. PLANNING COUNCil
Dear Mr. Busha:
SUBJECT:
Quantum Park Development of Regional Impact (DRI)
City of Boynton Beach, Palm Beach County
Notification of Proposed Change (NOPC) No. 16
As requested in your letter dated May 25,2006, the Department has reviewed the Quantum Park DRl NOPC No. 16.
The Quantum Park DRl is located north of the C-16 Canal, south ofHypoluxo Road, west of Interstate 95, and east of
Congress A venue in the City of Boynton Beach. The DRI was originally approved on December 18, 1984 as a
mixed-use development. The current buiJdout date for the DRI is December 18, 2014. The following table
summarizes the DRI's approved land uses and intensities to date:
Approved Development
Land Use Original DO As of 15th
Amended DO
(1984) (2115/2005)
Industrial 4,183,750 sf 1,700,000 sf
Retail 300,000 sf 469,450 sf
Office 1,969,500 sf 797,900 sf
Hotel 200 rooms 200 rooms
Multi Family Residential NA 1,105 du
Warehouse NA 22,700 sf
High School NA 2,500 students
Auto Dealership NA 53,072 sf
Movie Theater NA 4,000 sei1s
Resta.urant- HWt Turover NA 28.400 sf
Restaurant - ~uality NA 69,250 sf
Convenience Store/Gas NA 3,054 sf
Ice Skating Rink NA 93,430 sf
www.dotstate.fl.us
* RECYlUO PAPER
Mr. Michael J. Busha
June 26, 2006
Page 2
In this NOPC, the applicant proposes the following changes:
1. Increase the maximum number of residential units within the Mixed Use area from the currently approved
1,105 units to 1,905 units, an increase of 800 dwelling units.
2. Re-designate lots 17, 52, 58, and 103 from their currently approved land uses to Mixed Use. Lots 17 and 52
are currently approved for Office!Industrial w/Retail Sales. Lot 58 is currently designated as
OfficelIndustrial. No description was provided for Lot 103.
3. Revise Notes on the Master Site Development Plan by removing Notes 3 and 4, as shown in the previous
Development Order (DO) Number 15. Note 3 addressed the Total Vested Trips for the DR!. Note 4 stated
that the building height for Mixed Use areas was not to exceed 60 feet.
Note 3 was reported to have incorrectly stated the Total Vested trips as 63,752 ADT. The trip threshold
calculated in support of Amendment No. 15, on December 1, 2005, was stated to be 65,069 ADT.
4. Abandon the remaining portions of Quantum Lakes Drive and Quantum Boulevard roadways located south
of Gateway Boulevard, and convert them to Lots i 02 and 103. Change the land use designation of Lots 102
and 103 to Mixed Use.
The applicant has included a trip generation comparison analysis between the original (ADA) and proposed land uses
for the Quantum Park DRl The results of a trip generation comparison indicated that the proposed development plan
would generate 1,138 fewer AM peak-hour trips and 856 fewer PM peak-hour trips than the original development
plan.
In conclusion, we have no objection to this NOPC. However, a review of the 2005/2006 Annual Report reveals that
the applicant has not submitted traffic signal warrant studies for the intersections of Quantum Boulevard with
Gateway Boulevard and Congress Avenue, as required by Ordinance No. 0 I-54. We recommend that the applicant
comply with this Development Order condition.
Please feel free to contact this office at (954) 777-4601 should you have any questions.
Sincerely,
~.
/ Vfl
GS:mm/cw
cc: D. Ray Eubanks - Community Program Administrator, FDCA
Bob Romig - Director, Office of Policy Planning, FOOT
Gerry 0 'Reilly - Director of Transportation Development, FDOT
John Krane - Transportation Planning Engineer, FOOT
Chon Wong - Senior Transportation Specialist, FOOT
S:'.OPBMISYSTIlMS PlANNINOID4DRl\QUANTUMINOPCI6B.DOC
..
\~
Department of Engineering
and PubUc Works
P.O. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Boanl of County
ConunJuloaen
1bny Masilotti, Chairman
Addie L. Greene. Vice Chairperson
Karen T. Marcus
Jeff Roans
\\Vren H. Newell
Mary McCarty
Burt Aaronson
County Mmhdstrator
Robert Weisman
-An Equ4l Opportunity
~ I4ctioIl Bmployer'
@ptjWdCltlIw;yd<<l/>>PM
June 13, 2006,
EXHIBIT E
Mr. Michael W. Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P.O. Box 310
Boynton Beach, Fl 34425-0310
RE: Quantum Park - NOPC #16
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Rumpf:
The Palm Beach County Traffic Division has reviewed the Notification of Proposed
Changes to the previously approved project entitled Quantum Park, pursuant to the
Traffic Performance Standards ill Article 12 of the Palm Beach County Land
Development Code. The project is summarized as follows:
Location:
Municipality:
Quantum Park - North of Gateway Boulevard, west of High Ridge
Road
Boynton Beach
Approved:
· Industrial
· Retail
· Office
· Hotel
Latest Approval - NOPC 15:
Industrial
Retail
Office
Warehouse
Hotel
High School
Auto Dealership
Restaurant - HT
Restaurant - Quality
Convenience Store/Gas
Multi Family Residential
Fire Station
Police Station
Park & Ride Facility
Latest Approval - NOpe 15:
Industrial
Retail
Office
Warehouse
Hotel
High School
Auto Dealership
Restaurant - HT
Restaurant - Quality
4,183,750 SF
300,000 SF
1,969,500 SF
200 Rooms
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Rooms
2500 Students
53,072 SF
28,400 SF
69,250 SF
3,054 SF
1,105 Dwellings
5,500 SF
150 Employees .
1,700,000 SF
457,240 SF
637,900 SF
22,700 SF
200 Rooms
2500 StUdents
53,072 SF
28,400 SF
69,250 SF
IIDJ II In 0 W 1Iffl)
WI JHr6~ ~I
~EP.L\RrMENT OF OEVELOPMf:N!J
.
\~
, ~
Page - 2
Convenience Store/Gas
Multi Family Residential
Fire Station
Police Station
Park & Ride Facility
3,054 SF
1,905 Dwellings (800 Additional Units)
5,500 SF
150 Employees
New Dally Trips:
New AM PH Trips:
New PM PH Trips:
N/A - Trip Reduction from Original Approval
5,809 - Trip Reduction from Original Approval
7,202 - Trip Reduction from Original Approval
Based on our review, the Traffic Division has the following comments:
· Provide a copy of the latest version of the spreadsheet illustrating all portions of
the project which have beer.t built and in place.
· Provide a comparison of Daily trip generations under the "proposed NOPC #16"
and "Previously Approved" scenarios.
· Provide and AM and PM peak hour analysis for the following project access
intersections, identify problems and introduce mitigations:
o Gateway Boulevard I High Ridge Road
o Gateway Boulevard I Quantum Boulevard
o Gateway Boulevard I Park Ridge Boulevard
o Gateway Boulevard I Congress Avenue
o Quantum Boulevard I Congress Avenue
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
/n.
Masoud Atefi, M
Project Reviewe
cc: Pinder Troutman Consulting Inc.
File: General - TPS - Mun - Traffic Study Review
F:\TRAFFIC\ma\Admin\Comments\060537.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
f ~CV(l~IOpment
"
APPLICANT'S AGENT:
Steven L, Cohen & Associates, P.A
;--i i I'~ : (: v
Ig:~~~-
PROJECT NAME:
Meadows PUD
APPLICANT'S ADDRESS: 2941 W. Cypress Creek Rd. Suite 102, Ft. Lauderdale, FL.33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 15, 2006
TYPE OF RELIEF SOUGHT: Request approval for Master Plan Modification of the Meadows P.U.D. to
update the master plan to accommodate the request for an additional
34 townhouse units.
LOCATION OF PROPERTY: Meadows (P.U.D.), west side of Congress Avenue, south of Hypoluxo
Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The 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 Appliqmt's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
DATED:
8 - 18-00
7.
Other
City Clerk
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05-013\DO.doc
EXHIBIT "e"
Conditions of Approval
Project name: Meadows PUD
File number: MPMD 05-013
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/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDmONS
~
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 05-032 Townhomes\MPMD 05-013\COA.doc
S:\PIannfng\PIannlng Templates\Condltlon of Approval 2 page -P&D ORA 2003 form.doc
+
1 In. = 362.1 feet
Meadows Townhomes
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8O'lNlllN KAIlOWS lOIlItl(Ks UC AND AII.DCIATE., P.A.
34 UNIT OEVfLOPt.fENT __ .__
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