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Minutes 11-21-06 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 21, 2006, AT 6:30 P.M. Present: Jerry Taylor, Mayor Carl McKoy, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Jose Rodriguez, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Dr. Cook gave the invocation. Commissioner McCray led the Pledge of Allegiance to the Flag. · Administration of Oath of Office to Mayor · Selection of Vice Mayor per Section 2-1.2 of City Code · Administration of Oath of Office to Vice Mayor City Clerk Prainito administered the oath of office to Mayor Jerry Taylor. Mayor Taylor thanked God, his family, the Fire and Police Departments and all the citizens of Boynton Beach who supported his campaign and assisted in his re-election. He asserted he would do his best to live up to the expectations of the citizens. Mayor Taylor opened the floor for nominations for Vice Mayor. Commissioner McCray nominated Commissioner Bob Ensler. Vice Mayor McKoy seconded the nomination. There were no other nominations. Mayor Taylor declared Bob Ensler as Vice Mayor by unanimous consent. City Clerk Prainito administered the oath of office to Vice Mayor Bob Ensler. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Ensler asked that item XII.B.l relating to modification of the rules for boards and recusal, be moved forward on the agenda. There being no objection, Mayor Taylor indicated the item would be moved forward and heard after VI. Consent Agenda items. Minutes Regular City Commission Boynton Beach, FL November 2l, 2006 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray extended thanks to all City employees for their hard work in carrying out the direction of the Commission. He especially thanked the City Clerk and her staff for their assistance. Commissioner McCray wished all a happy and prosperous holiday season and new year. Mayor Taylor concurred with Commissioner McCray's remarks and felt he spoke for the entire Commission. III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Introduction by Craig Clark, Interim Library Director, of Michael Hall as Special Services Division, Schoolhouse Children's Museum Executive Director. Craig Clark, Interim Library Director, welcomed and introduced Michael Hall as the Executive Director of the Schoolhouse Children's Museum and introduced him to the Commission. Mr. Hall's qualifications were reviewed and new job duties were explained. Mr. Hall stressed it was a pleasure to be with the City of Boynton Beach. Mayor Taylor welcomed him to the staff. B. Community and Special Events: 1. Holiday Extravaganza featuring the 4th Annual Medieval Faire, Holiday Parade and Holiday Tree Lighting will be held on December 9th and lOth. . Saturday & Sunday, 11 a.m.-5 p.m. each day. Medieval Faire at Intracoastal Park. Advance general admission tickets $5 at Boynton Cinema, Old Boynton Rd. & Military Tr., and City Hall in the Mall, Boynton Beach Mall next to Macy's. Gate general admission $7. Children 3-l0 and seniors 65+ $5. . Saturday, Dec. 9, 5 p.m. Holiday Parade steps off south along Federal Hwy. from Ocean Ave. to S.E. l2th Ave. FREE. . Saturday, Dee. 9, 6:30 p.m. Tree Lighting. - lOO block of E. Ocean Ave. at Schoolhouse Children's Museum. FREE. . Saturday, Dec. 9, 7 p.m., Concert. Featuring Crystal Gayle and the Gatlin Bros. - lOO block of E. Ocean Ave. FREE. 2 Minutes Regular City Commission Boynton Beach, FL November 2l, 2006 Wayne Segal, Director of Public Affairs outlined the events for the Holiday Extravaganza and invited everyone to attend. C. Presentations: l. Proclamations None 2. Presentation by Scott Wahlin regarding The Links at Boynton Beach becoming a Certified Audubon Cooperative Sanctuary. Scott Wahlin, Manager of Operations, announced The Links would be the 8th golf course in Palm Beach County to be a Certified Audubon Cooperative Sanctuary. Less than 5% of the golf courses in the State of Florida have achieved certification. Mr. Wahlin explained the components that were needed to be fulfilled for certification that were outlined in a PowerPoint presentation (a copy of which is on file in the City Clerk's office). Commissioner McCray commented the change in the buffer zones helped to save $30,000 for the City of Boynton Beach. Mayor Taylor congratulated the golf course staff for their accomplishment. 3. Presentation by Mayor Taylor of Certificates of Appreciation to the Recreation and Parks Department's Planning Team for receiving national accreditation through the Commission for Accreditation of Park and Recreation Agencies. (CAPRA) Wally Majors, Director of Recreation and Parks, noted the process for accreditation commenced in August of 2003, culminating in October of 2006. He noted only 2% of all Recreation and Parks agencies have received this designation. It means the City runs well-administered programs. A planning team had been implemented to complete the two-year project which continues to follow through with re-accreditation. Mayor Taylor presented certificates of accomplishment to John Bebensee, Charlie Crawford; Tom O'Connell, Brenton Rolle, Steve Lulkin, Dwight Saulter and Heather Spillane. He stressed the team and department had brought pride to the community. Wilfred Hawkins, Assistant City Manager, acknowledged key leadership members of the planning team spent hours in assembling the paperwork. Debbie Majors was recognized with a certificate of achievement. Sherri Claude was presented a certificate of leadership for her role in submitting the necessary documentation and maintaining the day-to-day workload of the department. Ms. Claude thanked Mr. Majors for having the vision to allow the team to undertake the task and giving them the freedom to succeed. Commissioner McCray requested Mary DeGraffenreidt of Recreation and Parks come forward and announce the groundbreaking ceremony to be held at the Wilson Center Complex. Ms. DeGraffenreidt invited everyone to attend the groundbreaking ceremony beginning at lO a.m. on November 30th at the Wilson Center on l2th Street. 3 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Vice Mayor Ensler commented another standard that has been achieved by the Recreation and Parks Department will be the Boundless Playground. This project would raise the City of Boynton Beach above other cities as well. Mayor Taylor noted the City of Boynton Beach was fortunate to have such dedicated staff. 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> lack McVey, President of the Boynton Beach Little League and a member of the Recreation and Parks Board, congratulated the City on the accreditation. He thanked the City for the their assistance with the Little League Park and added he was proud to be a resident of Boynton Beach. Mr. McVey announced on March 3, 2007 the East Boynton Beach Little League would be celebrating their 50th anniversary, being the second or third oldest Little League in Florida. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments to be made: II McCray 1 yr term to 4/07 II McCray 1 yr term to 4/07 Tabled (3) Ensler 1 yr term to 4/07 IV III McKoy Rodriguez 1 yr term to 4/07 3 yr term to 4/08 Tabled (3) 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 Tabled (3) Mayor Taylor I Ensler I Ensler II McCray I Ensler Mayor Taylor IV McKoy 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 1 yr term to 4/07 3 yr term to 4/07 Tabled (2) 3 yr term to 4/08 Tabled (3) Motion Commissioner McCray moved that all appointments be tabled. Commissioner Rodrgiuez seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: 4 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 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 - November 3, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2006-2007 Adopted Budget. 1. Award Bid #011-2110-07/00 "ANNUAL CONTRACT FOR DRY CLEANING OF POLICE UNIFORMS" to Green Tree Cleaners of Boynton Beach with an annual expenditure of $32,400. 2. Approve the piggyback of the City of Boca Raton, FL Bid #2004-061 for Wastewater Collection System Rehabilitation awarded to Chaz Equipment of Wellington, FL. The total cost to the City of Boynton Beach is estimated at $45,000. 3. Approve the piggyback of the City of Jacksonville, FL Bid #3-0203 for Infrastructure Pipe Cleaning & TV Inspection Services awarded to A.U.1. LLC of Jacksonville, FL. The total expenditure cost to the City of Boynton Beach is estimated at $454,825. 4. Approve a piggyback with Musco Lighting in the amount of $293,000 for replacement of the ball field lights damaged by Hurricane Wilma on Field 1 at Little League Park based on a contract with the City of Jacksonville. 5. Approve a piggyback of a three agreement with Konica Minolta of Boca Raton, FL for the City-wide leasing of copiers by utilizing State Contract #600-340-06-01 and GSA Federal government pricing guaranteeing a 10% price reduction estimated at an annual cost of $123,507.12 and an additional one time charge of $4,l82. 6. (This item was moved to VI. Consent Agenda, C Reso/utions, 4.a) C. Resolutions 1. Proposed Resolution No. R06-194 RE: Approving and authorizing execution of an Agreement for software maintenance with Queues Enforth Development Ine., for Police Records Management - November l, 2006 - October 30, 2007 in the amount of $48,213. 2. Proposed Resolution No. R06-195 RE: Approving and authorizing execution of an agreement between the City of Boynton Beach and the Cascade Lakes Residents' Association, Inc. to share the purchase 5 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 cost and use of an emergency diesel-powered pump at a City lift station. The net cost to the City of Boynton is estimated to be $l5,000. 3. Proposed Resolution No. R06-196 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Ronald L. Dawson for the property at 7833 Loomis St., Lantana, FL. (Tropical Terrace LT 134) 4. Proposed Resolution No. R06-197 RE: Approving and authorizing execution of Change Order #6 for the Library Expansion Project in the amount of ($396,137.52). a. Approve a piggyback of the Florida State Contract #420-590-02-1 with R. George and Associates, Ine. for the design, purchase and installation of shelving, furniture and computer lab accessories for the Boynton Beach City Library. The estimated expenditure is approximately $997,971.81. Vice Mayor Ensler pulled item VI.CA.a for discussion. 5. Proposed Resolution No. R06-198 RE: Approving an addendum to the contract for construction services for Brang Construction, Inc. of Boca Raton, FL, Bid #054-2413-06/00 for the Construction of the Intracoastal Clubhouse Pavilion to reimburse the City 5% of the wind deductible or $175,000 in the event of a wind or hurricane loss. 6. Proposed Resolution No. R06-199 RE: Approving and authorizing execution of an interlocal agreement between Palm Beach County and the City of Boynton Beach for the maintenance dredging of Boat Club Park navigation channel. D. Approve full release of surety for the project known as the Watershed (Quantum Park lots 48 A, B & C) in the amount of $75,166.30 and refund this amount to the project developer. E. Return cash bond of $22,412.50 to Southern Construction and Design for the project known as Bayfront. F. Approve the release of a cash surety in the amount of $5,500 posted by Southern Homes of Palm Beach III, LLC in connection with the Murano Bay PUD. G. Approve the release of a Performance Bond (#SUROlOl58 issued by Lincoln General Insurance Co.) in the amount of $157,412 posted by Premier Gateway Center Quantum LLP in connection with Premier Gateway Buildings 95A and 95B. H. Approve a correction to the two-year contract for custodial cleaning services which was awarded to First Genesis Lawn Service, Inc. 6 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 I. Approve the release of a Letter of Credit (#3056164 issued by Bank of America) in the amount of $25,047 posted by Centex Homes in connection with The Harbors development. J. Authorize the use of $500 of Mayor Taylor's Community Investment Funds for the Dancer's Alchemy, Inc to provide funding for upcoming state competitions. Motion Commissioner McKoy moved to approve all consent agenda items not pulled for discussion. Commissioner McCray seconded the motion. The motion passed unanimously. VI.CA. a. Approve a piggyback of the Florida State Contract #420-590-02-1 with R. George and Associates, Ine. for the design, purchase and installation of shelving, furniture and computer lab accessories for the Boynton Beach City Library. The estimated expenditure is approximately $997,971.81. Vice Mayor Ensler explained he would vote against the furniture for the Library because a competitive bidding process was not utilized. Commissioner McCray noted staff had researched the issue and felt the Florida State contract was the best pricing. Motion Commissioner McCray moved to approve item VI.CA.a. Commissioner McKoy seconded the motion. The motion passed 4-l. (Vice Mayor Ens/er dissenting) (This item was moved forward in the agenda) XII.B.1. Proposed Ordinance No. 06-085 RE: Amending Chapter 2 of the City of Boynton Beach Code of Ordinances, creating Article XV, entitled "Voting by Board Members" providing for abstention from voting by board members with conflicts of interest and disclosure of conflicts of interest by board members. Vice Mayor Ensler pointed out the changes would toughen the voting requirements for all boards to avoid any abuse of authority. He explained if a conflict exists the sitting board member could step down from the discussion and an alternate could be utilized. This would send a clear message that the City of Boynton Beach will not tolerate any abuse of authority. Commissioner McCray commented in light of recent events on the county level, he was now in favor of the change. Attorney Cherof read Proposed Ordinance No. 06-085 by title only. He pointed out the amendment to the ordinance relating to relationships with real estate brokers. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-085. Vice Mayor Ensler seconded the motion. The motion passed unanimously. 7 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Motion Commissioner McCray moved to also approve the amendment. Vice Mayor Ensler seconded the motion. The motion passed unanimously. Vote City Clerk Prainito called the roll. The motions passed 5-0. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None 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 Cherof administered an oath to all those intending to testify on any of the public hearings. A. Approve a Special Warranty Deed conveying title to Carrie Lee Lyons for Lot 162, Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51, according to the Public Records of Palm Beach County, FL. (Proposed Resolution No. R06- 200) Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-200. Vice Mayor Ensler seconded the motion. The motion passed unanimously. B. Approve a Special Warranty Deed conveying title to Andrae Robinson for Lot 160, Block B, the Plat of Boynton Hills, as recorded in Plat Book 4, Page 51 according to the Public Records of Palm Beach County, FL. (Proposed Resolution No. R06- 201) Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Resolution No. R06-201. Commissioner McKoy seconded the motion. The motion passed unanimously. Mr. Bressner noted both deeds represented sales for affordable housing units. Motion Commissioner McCray moved to remove items VIII.C. and VIII.D. from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. 8 Minutes Regular City Commission Boynton Beach, FL c. November 21, 2006 Project: Agent: Owner: Location: Descri ption: Peninsula (SPTE 06-007) Tom Yianilos Waterbrook Development, LLC 2649 North Federal Highway Request for a six month Site Plan Time Extension for site plan approval granted on July 5, 2005, to extend site plan approval from July 5, 2006 to January 5, 2007. (Tabled to November 21, 2006) Kim Glas-Castro, on behalf of Waterbrook Development, explained the extension was sought because the permit for the seawall was to be finished. The letter of credit and surety had been discussed and now finalized. It was their intent to pull the permit to start the infrastructure improvements and then thirty days on the building itself; then go vertical. Attorney Cherof noted there was one condition of approval that would remain in effect. Ms. Glas-Castro agreed with the condition of approval. Motion Commissioner McCray moved to approve item VIII.C. Commissioner McKoy seconded the motion. The motion passed unanimously. D. Project: Agent: Descri ption: Mixed Use Zoning Districts (CDRV 06-002) City-initiated Request for approval of proposed amendments to Chapter 2, Zoning, Section 6.F. Mixed Use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-Ll), amendment of Mixed Use-High (MU-H), and establishment of the Mixed Use- Low 2 (MU-L2) and Mixed Use-Low 3 (MU-L3) zoning districts. (1st Reading of Proposed Ordinance No. 06-088)(Tabled to November 21, 2006) Attorney Cherof read Proposed Ordinance No. 06-088 by title only. Mike Rumpf, Planning and Zoning Director, summarized the final four mixed use development districts created that would accommodate the redevelopment plans and vision for the City of Boynton Beach. He pointed out the public and professional community had requested several small changes. Staff would review those requests and hopefully insert them without the necessity of returning to first reading of the ordinance. Mayor Taylor opened the matter for public hearing. lason Mankoff, from Weiner and Aronson, expressed concern with four areas. One involved drive-through bank buildings with access onto arterial roadways as it relates to stand-alone banks. His second concern was another section stated, "access to parking also shall not be directly from an arterial roadway if an alternative is available." He felt additional clarification would be beneficial to accommodate specific site needs. He also suggested a waiver provision be added for the structured parking since it is more expensive and surface parking may be a better resolution. A general clause for waivers would be helpful. Finally, he contended the definition of mixed used 9 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 as it related to the post office, should be clarified institutional/community facility, the designation for City Hall and post offices are defined in the ordinance. Mr. Mankoff felt the changes were minor and could be resolved easily. Buck Buchanan, 807 Ocean Inlet Drive, expressed concern over the language relating to compatibility with residential neighborhoods is addressed. It was his impression areas that were converted from residential zoning to mixed use low zoning had already been addressed so the language could be deleted. Bradley Miller, Miller Land Planning Consulting, 420 W. Boynton Beach Boulevard, agreed with Mr. Mankoff's comments except those regarding access and felt it should be reviewed for circular vehicular use and other traffic flow. Mr. Miller was also concerned with the minimum acreage requirement and commented some mixed uses could be done on less acreage. Mayor Taylor closed the public hearing and indicated staff would review the possible changes. Commissioner McCray clarified the mixed used zoning district changes have been ongoing for over a year. Attorney Cherof pointed out this was the first of two public hearings to be held. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-088. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. E. Project: Agent: Owners: Location: Descri ption: F. Project: Agent: Owners: Location: Descri ption: Bru's Room (COUS 05-009) Charles Putman, Putman & Associates, Inc. Bob Brudinski, Bru's Wings Ine. 1333 North Congress Avenue Request for Conditional Use approval for a nightclub (amplified music) at Bru's Room Sports Grill on 1.68 acres in the C-3 Community Commercial zoning district. Bru's Room (MSPM 06-004) Charles Putman, Putman & Associates, Inc. Bob Brudinski, Bru's Wings Inc. 1333 North Congress Avenue Request for Major Site Plan Modification for a building addition of 775 square feet to Bru's Room Sports Grill on 1.68 acres in the C- 3 Community Commercial zoning district. Attorney Cherof requested items VIII.E and VIII.F be consolidated for hearing. Commissioner Ensler questioned if staff was satisfied with the decibel ratings. Mr. Bressner also voiced concerned regarding the decibel ratings and the location of the amplified music. Charles Putman, applicant, indicated there was no objection to the consolidation. 10 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Mr. Rumpf confirmed the distances to residential and other commercial properties. In Mr. Rumpfs opinion staff was satisfied with the results of the sound analysis. Attorney Cherof noted eight conditions of approval were included. Mr. Putman agreed with the conditions of approval. Mayor Taylor opened the issues for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner Rodriguez clarified that staff was satisfied with the sound analysis. Bob Brudinski, co-owner of Bru's Room, explained a new bar area would be created with a bandstand inside the building within the interior and it would be a very small area. He did not feel there would be any negative impact on the surrounding area. Motion Commissioner McCray moved to approve item VIII.E. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McKoy moved to approve item VIII.F. Commissioner McCray seconded the motion. The motion passed unanimously. G. Project: Agent: Owners: Location: Description: Aspen Glen (NWSP 06-025) Bradley Miller, Miller Land Planning Consultants, Ine. Lawrence Development Group, LLC (Leonard Albanese, Managing Member) 7216 Lawrence Road and 3904 7lst Lane South, east of Lawrence Road, approximately l,OOO feet south of Hypoluxo Road. Request for New Site Plan approval for common areas and landscaping proposed with development of 45 single-family zero lot line dwelling units on 9.34 acres in the PUD (Planned Unit Development) zoning district. Attorney Cherof noted there were 31 conditions of approval. Bradley Miller, representing Lawrence Development Group, advised the applicant was familiar with the staff report and agreed to the conditions of approval. Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Rodriguez moved to approve item VIILG. Vice Mayor Ensler seconded the motion. The motion passed unanimously. H. Project: Agent: Boynton Village SMU, Building M (NWSP 06-028) Kimberly Glas-Castro, AICP, Bonnie Miskel, Esq. and Ruden, McClosky, Smith, Schuster & Russell, P.A. 11 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Owners: Location: Descri ption: 1950 Congress Avenue LLC East side of Congress Avenue, approximately l,800 feet north of Old Boynton Road Request for New Site Plan approval to construct a 12,120 square foot retail building and related site improvements on out lot #5 of the approved Boynton Village project. Attorney Cherof noted there were 20 conditions of approval. Richard Foreman, representing the owners, agreed with the conditions of approval. He indicated the new building was very similar to Building L and compatible with the adjoining residences. Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.H. Vice Mayor Ensler seconded the motion. The motion passed unanimously. I. Project: Agent: Owners: Location: Description: J. Project: Agent: Owners: Location: Description: The Office @ Bamboo Lane (ANEX 06-008) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc.1 Jaime Mayo, President 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request to annex the 0.265-acre parcel. (1st Reading of Proposed Ordinance No. 06-089) The Office @ Bamboo Lane (LUAR 06-021) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc./ Jaime Mayo, President 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request to Amend the Comprehensive Plan Future Land Use Map from Commercial High with underlying Medium Density Residential (PBC CH/5) to Local Retail Commercial (LRC) (1st Reading of Proposed Ordinance No. 06-090) Request to Rezone from Commercial, General (PBC CG) to Community Commercial (C-3). (1st Reading of Proposed Ordinance No. 06-091) Proposed use: Professional business office K. Project: Agent: Owners: The Office @ Bamboo Lane (ZNCV 06-011) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc./ Jaime Mayo, President 12 Minutes Regular City Commission Boynton Beach, FL Location: November 21, 2006 Descri ption: L. Project: Agent: Owners: Location: Descri ption: 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request relief from Chapter 2. Section 6.C.3 of the Land Development Regulations, requiring a minimum lot area of l5,000 square feet in the Community Commercial (C-3) zoning district, to allow development of a lot of 11,578 square feet, representing a variance of 3,422 square feet. (Request to table to December 5, 2006) The Office @ Bamboo Lane (NWSP 06-023) Michael Hanlon, HNM Architecture, LLC Nigel Development, Inc,f Jaime Mayo, President 3847 North Federal Highway, Delray Beach, east side of Federal Highway, south of Bamboo Lane, west of Palmer Road Request New Site Plan approval to construct a 7,497 square foot professional business office building and related site improvements on 0.265 acre zoned C-3 (Community Commercial) (Request to table to December 5, 2006) Mayor Taylor asked if there would be any objection to the consolidation of items VIlLI through VIILL. Michael Hanlon, agent for the applicant, advised there was no objection to the consolidation for hearing purposes. Motion Commissioner McCray moved to table items VIILK and VIILL to December 5, 2006. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 06-089 by title only. Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner McCray noted the request was consistent with the Comprehensive Plan. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-089. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance No. 06-090 by title only. Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Commissioner McCray noted it was consistent with the Comprehensive Plan 13 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-090. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Attorney Cherof read Proposed Ordinance No. 06-091 by title only. Mayor Taylor opened the matter for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No.06-091 based on hardship. Vice Mayor Ensler seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. M. Project: Agent: Owners: Location: Description: N. Project: Agent: Owners: Location: Descri ption: Country Inns &. Suites (NWSP 06-026) Robert Currie of Currie, Sowards, Aguila Architects Anand Patel LLC 220l South Federal Highway Request for New Site Plan approval to construct a 62 room hotel and related site improvements on a 0.91-acre parcel zoned C-3 (Community Commercial). Country Inns &. Suites (HTEX 06-008) Robert Currie of Currie, Sowards, Aguila Architects Anand Patel LLC 2201 South Federal Highway Request for Height Exception approval to allow decorative dormers at a height of 53 feet 7 inches, a total of approximately 9 feet above the 45 foot height limit for buildings in the C-3 zoning district. Mayor Taylor announced the new site plan had 43 conditions of approval and height exception had no conditions of approval. Vice Mayor Ensler requested a presentation addressing the concerns of the CRA. Robert Currie, agent for the owners, agreed with all the conditions of approval: He advised there had been a concern relating to safety and the underground parking. Ed Breese, Principal Planner, noted staff had worked with the Police Department on crime prevention through environmental design as it related to safety and under building parking. Mr. Currie pointed out the lighting and security cameras should make it a very secure situation. 14 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Mayor Taylor opened the issues for public hearing. Cathy Willoughby, Fairfield Condo Association member, expressed concern if the rooms would not be fully rented, since it is not in a tourist area, would the property evolve into an extended stay facility for sex offenders, prostitution, domestic violence, drug problems and use of weapons as the adjacent hotel and other inns along Federal Highway had become. Phillip Gordon, Fairfield Condo Association member, contended the property had not been maintained after the last hurricane. If the hotel will not attract a good clientele it will hurt the restaurant he owns and operates on Federal Highway. Ms. Linn, Secretary of the Fairfield Condo Association, indicated a letter had been forwarded to the CRA expressing the Condo Association's concerns. She advised other hotels along Federal Highway had not been able survive and she felt the Country Inn & Suites were not needed. Mr. Currie remarked the owners of the Country Inn & Suites were also concerned with the derelict population in the area, but felt the project would be the solution not the problem. The project would include 62 rooms and he did not feel a vacancy issue would arise. Mayor Taylor interjected he had discussed the issue with the City Manager regarding the property to the rear of the proposed project. He felt it was a disgrace to the City of Boynton Beach. The only available solution would be to redevelop the area. Vice Mayor Ensler agreed the new project would be an improvement to the area. He inquired if the Country Inn & Suites was a national chain. Anand Patel, owner, advised it was a national chain with 436 County Inn & Suites in the country including ones in Fort Pierce, West Palm Beach and Vero Beach. Vice Mayor Ensler assumed there were corporate standards imposed. Mr. Patel confirmed the standards for this project were upgraded and approved at the corporate level. Commissioner Rodriguez agreed it was an improvement; however, he questioned if an economic study had been completed to assess the need. Mr. Patel advised a study had been completed and a need existed. He added the rooms were high end suites and would not attract derelicts. Commissioner Rodriguez requested a motion to table the item until a study could be completed. Mayor Taylor and Commissioner McCray voiced their opposition to tabling the matter for a study. Mr. Currie added it is very difficult to get financing to build a hotel without a feasibility study having been completed. It is more difficult to get a franchise also unless there is a market need. Commissioner McCray felt it was time to put a decent hotel on Federal Highway and revitalize the area as well. 15 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Vice Mayor Ensler commented the project meets all the standards the CRA had established and the applicant had accepted all the conditions of approval. Motion Commissioner McCray moved to approve item VIII.N. Commissioner McKoy seconded the motion. The motion passed 4-1. (Commissioner Rodriguez dissenting) O. Project: Agent: Owners: Location: Description: Las Ventanas (Uptown Lofts) (SPTE 06-009) Kyle Riva, Epoch Properties, Ine. Epoch Properties Ine. Northwest corner of Federal Highway and Woolbright Road Request for a 12-month Site Plan Time Extension for site plan approval granted on September 6, 2005, to extend site plan approval from September 6, 2006 to September 6, 2007. lim Durham, agent for the applicant, agreed with all the conditions of approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.O. Vice Mayor Ensler seconded the motion. The motion passed unanimously. P. Project: Agent: Owners: Location: Descri ption: Neelam Business Center (SPTE 06-010) Anand Patel, Managing Partner - AA, LLC AA, LLC 924 North Federal Highway Request for a 6-month Site Plan Time Extension for site plan approval granted on August 2, 2005, to extend site plan approval from August 2, 2006 to February 7, 2007. Sangi Braug, agent for the applicant, revealed all the requirements had been met and permits would be requested by the end of year and Florida Power & Light would start relocating poles. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.P. Vice Mayor Ensler seconded the motion. The motion passed unanimously. Q. Project: Agent: Owner: Ellipse (Sunshine Square) (REZN 06-008) Bonnie Miskel, Esq. and Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC 16 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Location: Description: R. Project: Agent: Owner: Location: Description: S. Project: Agent: Owner: Location: Description: Southwest corner of Federal Highway and Woolbright Road Request to Rezone from Community Commercial (C-3) to Mixed Use-Low 3 (M&U-L3) for a proposed mixed use project on 14.43 acres. (1st reading Proposed Ordinance No. 06-064) Ellipse (SunShine Square) (HTEX 07-001) Bonnie Miskel, Esq. and Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest corner of Federal Highway and Woolbright Road Request for a height exception of 19 feet to allow for a total height of 94 feet to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles to exceed the maximum building height of 75 feet on the MU-L3 zoning district, for a total of 94 feet. (Request to table to December 5, 2006) Ellipse (Sunshine Square) (NWSP 06-021) Bonnie Miskel, Esq. and Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest corner of Federal Highway and Woolbright Road Request for New Site Plan approval to construct a mixed use (residentialjoffice/retail) complex on a 14.43-acre parcel in the Mixed Use-Low Intensity 3 (MU-L3) zoning district. (Request to table to December 5, 2006) Motion Commissioner McCray moved to table items VIII.R. and VIII.S until December 5, 2006. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof read Proposed Ordinance No. 06-064 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Vice Mayor Ensler reiterated his concern about height exceptions that go beyond the scope of the intent of the building heights. Motion Vice Mayor Ensler moved to approve Proposed Ordinance No. 06-064. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. IX. CITY MANAGER'S REPORT: A. Discussion of proposed projects adjacent to Bicentennial Park. 17 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Quintus Greene, Director of Development, outlined the two proposals pending before the Commission. Staff had submitted 24 questions to both developers to make an appropriate comparison. Mr. Baretta's response included six additional questions. Ms. Miskel responded to the original 24 questions. Mr. Greene noted neither developer owned any of the properties involved. Both developers are from out of state although Ms. Miskel's client has more Florida experience. Mr. Baretta's proposal was more focused on office development; however, various schemes were proposed depending on market conditions. Ms. Miskel's proposal was the larger of the two. Mr. Baretta's plan required a portion of the Bicentennial Park while Ms. Miskel's required nothing from the City. The developers are competing for the same parcels. Vice Mayor Ensler was uneasy with interfering in the business community. He did remark he would not want any reduction in City owned property or the park. Commissioner McCray did not see any reason to decide the issue at this time. He speculated a third developer may come forward with an even better plan. Commissioner McCray contended the relocation of the animal shelter needed to be decided first. Mr. Bressner noted staff determined four options for the animal shelter. First, allow it to remain where it was and second, find another facility within the City. Third, work through the county facility for housing or fourth, discontinue the program. The recommendation was to continue the program, but work with the County for housing once animals are collected. Mr. Bressner cautioned the CRA had not addressed the second project and it is the planning agency for the area. They also had the financial wherewithal to facilitate development. Mr. Greene emphasized both projects needed to be presented to the CRA. Commissioner McCray did not want to send any message blessing either project. Vice Mayor Ensler did not favor any reduction in the park. He agreed both projects should be submitted to the CRA for their recommendation to the Commission. Kim Glas-Castro, representing Boynton Beach Partners, was unaware of additional properties being purchased. Their project was a standalone project without landscaping or use of the park. Mr. Glas-Castro stressed their objective was to revitalize and the CRA had given a positive response to their ideas. Andrew Morel, on behalf of Boynton Beach Partners and Ridgemore Development, added they were willing to work with the City and contribute to the improvement of the park. He did not feel he was competing with Mr. Baretta's project. He reiterated his intent to contribute $lM to refurbish the existing park. lames Baretta, representing Premier Reality, pointed out the analysis did not indicate that his project would increase the frontage for the park on Federal Highway. The total land area would be decreased. The park would be improved by $2.5M. He stressed both projects could co-exist. The other proposal would require a swap in property with the City. Mayor Taylor questioned how much the park could be improved if half the land were relinquished. 18 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Carrie Nagdemon, Director of Development for Premier Reality, stressed the project could be constructed as the maps indicated without affecting the dog pound. It would obstruct the other project. It would be better to have the project set back off Federal Highway behind an enhanced park and developed to its full potential. It was decided the Commission would reconsider the proposals after the holidays and presentations to the CRA. X. FUTURE AGENDA ITEMS: A. Financial analysis of the Utilities Department total Capital Improvement Program and the anticipated impact on user fees (December 5, 2006) B. Amend Land Development Regulations to increase the time period for site plan approvals from l2 months to 18 months. (December 5, 2006) C. New Space for the Police Department (December 5, 2006) D. Discussion of 60-day Waiver on Signs for New Businesses in the City (December 5, 2006) E. Discussion of CRA Board, evaluation and review (December 5, 2006) F. Review by Recreation & Parks and Arts Administrator of possible pocket park next to Sunshine Square G. Feasibility of Saturday hours for the Building Division (March 2007) H. Schedule of all development fees and when payment is due (TBD) I. Possible change of board reappointments to after November election Commissioner McCray asked that a date certain be set for item X.I. Attorney Cherof advised if the Code needed to be changed it could be as early as January, 2007. It could also take effect for the November, 2007 election and cycle with the November election. There was consensus to move the item forward as soon as possible. Commissioner Rodriguez requested the implementation of the visioning workshop be added to the Future Agenda items. Mr. Bressner responded staff had been preparing an implementation schedule for the next meeting. XI. NEW BUSINESS: None. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING 19 Minutes Regular City Commission Boynton Beach, FL November 2l, 2006 None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-085 RE: Amending Chapter 2 of the City of Boynton Beach Code of Ordinances, creating Article XV, entitled "Voting by Board Members" providing for abstention from voting by board members with conflicts of interest and disclosure of conflicts of interest by board members. (This item was moved forward and discussed earlier in the agenda.) 2. Proposed Ordinance No. 06-086 RE: Approving and allowing both the reduction of surety matters and final release of surety in circumstances when the amount of the surety does not exceed $20,000. Attorney Cherof read Proposed Ordinance No. 06-086 by title only. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-086. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. C. Ordinances - lst Reading 1. Proposed Ordinance No. 06-092 RE: Approving creation of Section l8-180.2 of the Boynton Beach Code of Ordinances providing for a 2% automatic annual delayed COLA for the Firefighter Pension Fund; and amending Section 18-186 to provide for 12% member contributions into the Firefighter Pension Fund. Attorney Cherof read Proposed Ordinance No. 06-092 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 06-092. Commissioner Rodriguez seconded the motion. Commissioner McCray requested a breakdown in layman's terms. Bill Bingham, Fire Chief, explained the ordinance provided a 2% cost of living (COLA) increase starting in five years after a person retires. Also the employees had agreed to change from 7% to 12% to fund the benefit. 20 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Vice Mayor Ensler asked if poor market performance would increase the City's contribution. Chief Bingham responded there would be a re-evaluation every three years and either the contribution would be increased by 5% to make up the difference or Chapter l75 funds could be utilized. Bill Mummert, Director of Financial Services, advised it would pay for itself if all the assumptions are met. There would potentially be exposure to the City if all assumptions are not met. Vice Mayor Ensler inquired if language could be added that the City would never have to make up any difference. Mr. Bressner contended the pension boards attempt to balance the exposure to the City with three year reviews to avoid a situation of additional cost to the City. Mayor Taylor added the increase in individual contribution by 5% was a significant step toward funding the COLA proposed. Commissioner McCray was comfortable with the attempt to work with the Commission. Vice Mayor Ensler contended it was imperative to protect the public interest that some type of impact comparison be undertaken. Mr. Mummert advised additional information would require an actuarial analysis and could not be completed in two weeks. Mayor Taylor felt any analysis would be unreliable because there was no way to predict what pension funds will cost due to the complexity of scenarios to simulate. Mr. Bressner emphasized it would be difficult, if not impossible to create an accurate scenario to analyze. The three year review was added to the ordinance to more closely monitor the market and funding. Commissioner McCray did not feel further analysis was required. He was comfortable relying on the recommendation of staff and the City Manager. Mayor Taylor commented a balancing of increases and deficits over the three year period is required. Attorney Cherof added the collective bargaining process can also be used to balance the cost by limiting base wage increases or other benefits. There is adequate protection in place with the three year review plan. Vote City Clerk Prainito called the roll. The vote was 5-0. D. Resolutions: None E. Other: 1. Request for closed door Executive Session on December 5, 2006 to discuss pending litigation in the following case: Boynton Beach Alliance; and Desiderio Corp., a FL corporation; Ewell L. Miller, individually and Sir Electric, Inc., a FL corporation vs. The City of Boynton Beach - Case No. CA 02-01704 AN 21 Minutes Regular City Commission Boynton Beach, FL November 21, 2006 Attorney Cherof requested an executive closed-door session be held at the end of the next Commission meeting on December 5th to discuss pending litigation. Mayor Taylor declared there was consensus to meet after the December 5, 2006 meeting for a closed-door session. XIII. UNFINISHED BUSINESS: None XIV. ADlOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9: lO p.m. CITY OF BOYNTON BEACH h~~ 'tn. ATTEST: ;; dith A. Pyle , Deputy City Clerk 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Village SMU (Building "M") Development P&Z Building Engineering Occ License eputy City Clerk APPLICANT'S AGENT: Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 4431 Embarcadero Drive West Palm Beach, FL 33407 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan Approval to construct a 12,120 square foot retail building on Outlot #5 of the approved Boynton Village project. LOCATION OF PROPERTY: East side of Congress Avenue, approximately 1,800 feet north of Old Boynton Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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: II-~/-Ob S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center 1\Boynton Village SMU NWSP 05-004\NWSP 06- 028\DO.doc l' R [ If I Ir I: OlII'DC! "l>l\len , ()fOl 1\ ,j' ''- l~ '{ Bu EXHIBIT "C" Conditions of Approval ",me: Boynton Village SMU 1.. 'Illk,' NWSP 06-028 'cn v 2nd I 'd ffi d S' PI b 3 2006 P & Z d ki 'th o N ;;HJ-i:' reVlew plans I en I Ie asa ew lte an WI an cto er , ate stamp mar ng. '" DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General ~nts: None X PUBLIC WORKS- Traffic -.-. 1tS: None X UTILITIES -,._-" b: None X FIRE ':ltS: None X ,n POLICE ._, ~nls: None X =.=,c.-,' ENGINEERING DIVISION illS: ase note that changes or revisions to these plans may generate additional X ents. Acceptance of these plans during the Technical Advisory "Jew Team (TART) process does not ensure that additional comments v not be generated by the Commission and at permit review, -, BUILDING DIVISION .-- nts: , a<;e note that changes or revisions to these plans may generate additional X m lents. Acceptance of these plans during the TART (Technical ViS'H)' Review Team) process does not ensure that additional comments y not be generated by the commission and at permit review. iJdings, structures and parts thereof shall be designed to withstand the X !,mum wind loads of 140 mph. Wind forces on every building or l'tUfe shall be determined by the provisions of ASCE 7, Chapter 6, and '0 visions of 2004 FBC, Section 1609 (Wind Loads). Calculations that ;J.f?1~d and sealed by a design professional registered in the state of ,un, 'JlUlI: , '~e omm n ~-'_ t' PIc .:on Ad Ina 11':11 .1n ,he are Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Florida shall be submitted for review at the time of permit application. 4. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 5. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A. The full name of the project as it appears on the Development Order and the Commission-approved site plan. B. The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 6. 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. 7. 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. 8. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The U S Post Office, the City of Boynton Beach Fire Department, the City GIS Division, and the P B County Emergency 911 shall approve the addressing plan. A. Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561 233-5013) B. United States Post Office, Boynton Beach (Michelle Bullard 561-734- 0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 9. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District DEPARTMENTS INCLUDE REJECT Manual) shall be maximized and the irrigation system should have water conservation designs (such as a drip svstem). where possible. 10. Staff recommends additional landscape material along the west, south and X north elevations, to include a greater number of taller specimens. Staff suggests the use of clusters of specimens in the 4-6 feet high range along the foundation planting beds. 11. All equipment located on the building shall be painted to match the wall X where attached. 12. No Building permits shall be issued until the necessary road improvements X triggered by the number of external PM peak hour trips noted in the Boynton Village & Town Center development order have been initiated. 13. A uniform pole and light fixture shall be utilized for all out-parcels, X identical to that proposed throughout the Boynton Village and Town Center project. 14. Please provide a detail of the sign area, including the dimensions, exterior X finish, and letter color(s), following the sign program prepared by the Master Developer for a typical monument sign on outlots. 15. No C.O. (Certificate of Occupancy) will be issued for this particular parcel X until all required landscaping has been installed, inspected and final ed, as well as all depicted sidewalks. 16. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 17. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program and must demonstrate their participation. Staff recommends that the fee for this and all other outlots be combined and the Master Developer create a more elaborate display in a more visible location within the project, such as one of the roundabouts. 18. Staff recommends the inclusion of awnings over each tenant entrance / exit X door on the east elevation. 19. Staff recommends awnings over the windows on the north side of the X building, like depicted on the south side. 20. All non-vision glass on the elevations shall appear identical to areas of X vision glass relative to color and appearance. The only arched areas on the second story of the west elevation shall also be fitted for non-vision glass. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Boynton Village-Boynton Town Center I\Boynton Village SMU NWSP 05-004\NWSP 06-028\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc Exhibit A -Site Location Map Boynton Village SMU - Building M <<> o 160 320 ~- 640 960 1,280 . Feet N w.' s "-'\i~ ~" '..~'.~'- ~ ~ r;~~~:~ ~~ , ~~ ~ .~,~ ~t\~~r ',"'" ~ ~~~~ " ~~~ l~~~J ~R~~,~~~'" . , , ".~ .0 '_ _; !! I id ~~ : :~ ~-,,- :~ : ,.I'llll p' , I! ~11~111! r~--~~ Wj 'iI ift:11 :' '".. -iliJ . ! :\: II ~ij,"I,!ll ~' II · I [< ;;~~, ,~ ,. l~. f f.lr'l 911 l~ ~~ ;) !~Jil ' .f I: :'- - 'f ~ ' " ~ . ~ ~ Ifl , ! ....: .. ~. ! .0:~ ~J Y"dllb L~L ____L~~__!!d br:~~~ ,~ .loa :llVO ~ ~]l ,,,,,., " ). "- 'i \::\ ~." ~ ~. ~' ~ " ,"'( ~'\:~ ' ~ . , ~'*'" ~f '>.". -.;;::\.. ~ ~~: ~.,:' ~~ _w:. ___~ J'OII ....... u. 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C l , :I! II Ii ,,! I 1: II, II ---1----- ..,------- --,-.-________________._______ ~ : : ,I" I i III Ii I. II,illl II' I IIIU I I I UI'II'"JI II' .' i dI!!tJ~~J~h!1~!LL~dh!!!!LHL!d!IhU!d! 1.:.I.,IUIJI!;'lllulnl., !"i.~l'Inll' . OHoouollli;,Iu! j --,-1- --- -l-!--- ---:--i~-Til- - -------l~i:;;i;~li~--~- !i~ fJ.;!!illl!~~!~~!!!!!.!!.!!~.!!il!!!!;!!!!!!.!~!!!~H.!L-__....J~ if a.l. a. .",.ia,.'". . a:t'=ll!iiiI liil\ S'~'" r .,:" :r:r:t "'Hunl ~ "E'I"l'!f tftr r:J'tr~' 8 ..LISIHX3 . m ., I , '~ ! - .,.,,' " ;.[05!, 1 - ;1 J" . '~: ~.~ " ..'JA ;). "~I ~ j u '1~;Ji :..".: '~....'.'.i- ..~.:l! , :,1"= .~~ .. , ~ "~ .. J' , ~ I..' ,=.'-' .~ ~.: Pi I "3 ,::. t r--JC;:i' ~. " I' 1m I G +'-+-j ,:" ~ ~ - ' J' ~ -C] . J' ,:m ~ In ; J' rat . i'~1,-~.41:. If ", <: ~ \:, tl:{j ~ J' ' ' ~ ~ J' J' ~' ,tal:' ,~: ....',.'~,,' ....m:' O~J- ',~', ...~; .~: ~' o &'fL\.'.', .,."'.', ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA , Oe'4elopment P&Z BuildIng EngIneerIng Occ. Llcen.e Deputy CIty Clerk PROJECT NAME: Peninsula at Boynton Beach APPLICANT'S AGENT: Thomas Yianilos, Waterbrook, Inc. APPLICANT'S ADDRESS: 715 E. Hillsboro Boulevard, Deerfield Beach, FL 33441 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: Request a six (6) month site plan time extension to construct 30 fee- simple townhouse units and 40 condominium units on 3.51 acres in the IPUD zoning district lOCATION OF PROPERTY: On the east side of U.S. 1, approximately 1,600 feet north of Gateway Boulevard 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 Applicgnt ~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: /1-c1/-0b 'tn.PA~ J :\SHRDA T A \Planning\SHARED\WP\PROJECTS\Peninsula@ Boynton Beach\SPTE 06-007\DO.doc EXHIBIT "C" Conditions of Approval Project name: The Peninsula at Boynton Beach File number: SPTE 06-007 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 Cormnents: None X FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: l. The site plan time extension shall be subject to all previous Conditions of X Approval. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments; To be determined. ~ S :\Planning\SHARED\ WP\PROJECTS\Peninsula\SPTE\COA.doc .... 1 In. = 181.0 feet 1111 U211 .15. .lIt. ..11I .12. .t40 ItU .2.. '2" D....e. '3t8 .4.. .33t .660 .52. .4.. .4i. .441 n60 U'O .... ''10 17011 .720 l7iO .7.. ..2. ..4. IIi. 1150 t... .... 1260 11.. 1160 114. 1120 t.u tuo EXHIBIT "A" // - Location Map EXHIBIT B '. " :~ ~; .~ , : FfDER~T A TE ROAD 5 ~ ('.D.a,r. RIYfI"APL HIGHWA Y (u . . SECl10N IIJOI0-2501 SH . S. 1) .. [ 0 I AN' [ET J or 7) 264~ N. FEDE L . A~" '-;L 1-IUrr. --..... T 'tEAlENr ~'~I~I D~llfI."'\1 ~~~~<&S~ ~~~ .~ I '. ~ ......................---......-................-.... '. . . '. ~<<:~"I ~:...~ ';"~tl~~ 1M I . JL LA .1IOTNTCIN-M;I,CR' _ . WA~ . ..... 1ICltIM...,.". N"I". , 1ICnN1OI8IAQl ..._ _ CClUNTT: '" ".. . _ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ. License Deputy City Clerk PROJECT NAME: Aspen Glen PUD APPLICANT'S AGENT: Bradley Miller, Miller Land Planning Consultants, Inc. APPLICANT: Leonard Albanese, Lawrence Development Group, LLC. AGENT'S ADDRESS: 420 W Boynton Beach Blvd, Suite 201, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: Request new site plan approval to construct 45 single-family detached zero-lot line homes on a 9.3-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: East side of Lawrence Road, south of Hypoluxo Road (see Exhibit "A"- Location Map) 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 v""GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: /I-~/- Ob S: IPlanninglSHARED\ WPlPROJECTS\Aspen GlenINWSP\DO.doc EXHIBIT "C" - CONDITIONS OF APPROVAL New Site Plan Project name: Aspen Glen File number: NWSP 06-025 Reference: 2nd review plans identified as a New Site Plan with a October 13, 2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: 1. Relocate the sidewalk within the roadway tract two to three feet (or more) X closer to the roadway and relocate Live Oak to a position between the sidewalk and property line. This will provide sufficient separation from the canopy trees and water and sewer lines as well as minimizing vertical clearance conflicts. A utility easement will need to be provided within the roadway (ingress-egress) tract in order to avoid the conflict of canopy trees within the utility easement. All easements and tracts will be described/dedicated via the plat. UTILITIES Comments: 2. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the Preliminary Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities, especially in the proposed utility easement along Lawrence Rd. 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. 3. Palm Beach County Health Department permits will be required for the water X and sewer systems serving this project (CODE, Section 26-12). 4. Fire flow calculations will be required demonstrating the City Code X requirement of 500 g.p.m. 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)). In order to achieve this, consideration should be given to tying the proposed CONDITIONS OF APPROVAL ASPEN GLEN NWSP 06-025 PAGE 2 DEPARTMENTS INCLUDE REJECT eastern terminus into the existing water main located III Nautica Sound Boulevard (along the south development line.) 5. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 6. Water and sewer lines to be owned and operated by the City shall be included X within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 7. 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. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 9. 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) and will be reviewed at the time of construction permit application. ENGINEERING DIVISION Comments: 10. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 11. 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 permit review. 12. 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. CONDITIONS OF APPROVAL ASPEN GLEN NWSP 06-025 PAGE 3 DEPARTMENTS INCLUDE REJECT 13. The Drainage Plan (Civil Site Improvement Sheet 1 of 9) depicts the final X outfall from the dry retention area in the northwest corner of the development into the storm sewer system in Lawrence Rd. Please provide written concurrence with this from Palm Beach County. 14. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 15. 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. FIRE Comments: None X POLICE Comments: 16. Residential Security: X . The inside garage door leading into the residence shall be a solid core door and equipped with a single cylinder dead bolt lock. . When placing the order for a front door that will have a side pane window it should be placed on the opposite side of the door handle and lock making them unreachable. This would not apply to customized doors. . Entry doors to open outward versus inward. . If front door has zero visibility to front entryway area, equip it with a 180- degree peephole. . Equip all exterior doors with security hinges. . Run telephone lines underground with box hook-up on inside of garage versus the exterior of garage where telephone lines can be cut making alarm system inoperable. It is strongly suggested that the architects and engineers incorporate this into the site plans to insure that the site supervisor is aware of this condition. BUILDING DIVISION Comments: CONDITIONS OF APPROVAL ASPEN GLEN NWSP 06-025 PAGE 4 DEPARTMENTS INCLUDE REJECT 17. 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 permitted per 2004 FBC, Table 704.8 or 2004 FBC, Residential, Section R302.2. 18. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of 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. 19. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 20. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site data that address the following issues: . The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation _' _ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." . From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. . Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 21. 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. 22. 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. 23. If capital facility fees (water and sewer) are paid in advance to the City of Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . The 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 n, Sections 26-34) CONDITIONS OF APPROVAL ASPEN GLEN NWSP 06-025 PAGE 5 DEPARTMENTS INCLUDE REJECT 24. 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. 25. At time of building permit application, submit verification that the City of X Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or conveyance of property. The following information shall be provided: . 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. . The total amount being paid. (CBBCO, Chapter I, Article V, Section 3(f)) 26. 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. 27. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-233-5013) . United States Post Office, Boynton Beach (Michelle Bullard - 561-734-0872) PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 28. It is the applicant's responsibility to ensure that the application requests are X publicly advertised in accordance with Ordinance 04-007. 29. Revise note 3 on site plan to clarify which existing easements on subject X property are abandoned prior to development. CONDITIONS OF APPROVAL ASPEN GLEN NWSP 06-025 PAGE 6 DEPARTMENTS INCLUDE REJECT 30. The applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program and must demonstrate their participation. 31. Revise Sheet 11 of 11 to delete front entry gates which are no longer X proposed. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS Comments: None X ADDITIONAL CITY COMMISSION COMMENTS Comments: To be determined. ~ MWR/kz S:\Planning\SHARED\WP\PROJECTS\Aspen G1en\NWSP\COA.doc 11- ... - II-- ~; I \ \ J~ I - -...., I I I 1 I I , I I.. \ L.LL '--- (T ill I 11 - --.. [! ' ~xr~~~/E~~ I IL...../ '_= r ,-- r' ~ ~~_~~_ I I - I ~;= ! I ~ I _~II f-- _ !-.. III T Y-' c:J , c- I I 1-L r~ /TT ~. 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YS"B 3CI!l .1KlI:l CHt .lNOY:I m ~f;' , i' ~ t. Z~ ~I~ ;1 51~' 5" i~ j I Ok ~ n ~ i=j ., 4: , l~i 5; 5, ~ > :. . :J il I W i , ...J :, :. w It 1. , ' , I i : , , i i i i ; : a: Il. .~ ~I " ~ 3..1J81HX3 il .. ill i~ jWI Ii II; 'I i II if II I' t' liJ 'q iii' In l,iU ~ e ~~ ll... ~~ ~6> , i , , , i , ~i ", 5~ II( d~ ..J i ; ; , i i IWh !.. ~ , ~ i ; , i , , ; , ; i ; , i i i , i ~~i3 '" ~i . - _I........ .....'......PL I VC1I1II71l . AJ.Nl)(X) B::mIB JnYl . 'W 'NDl.YI YOOI: ~ ............ .n.. "'2Q---a ~ ... lU KMIIINlWWlII ::m'_ non.~HI DNINNV,,, ONV' I"Q.1:)I~IB:>"Y J TtIaOW I C') I .!I<lIIloKJIBAl ~_......7t,.... ~ NH'ID NHcISV I I IDNIl"IIl VI :>'l'l . n 0 'I 0 lI'InL:>lILIH:>'IVI ii <( I ........... .......... """""'" "lIHNNH"lI8 - SNOll 't' A3I3 3CJ9 lH)Ij aN lI<<lH:l ~ ~; ~ ~ ; J I; : I , i I , ' , , , ' , ' ~rl) j~~1 ~ !~ ~ ,~-~ I : I j R- : ll~ "- .13 ,:. a:; ~ t jh lJ81HX3 ~ z; 0' Fj 4: > W ..J W I- Z o ([ 11 ~ ~~ ~& ~ re La ~ al! , , , ffi:El~ BHlb I A'.' I .... r:p+h l:ttI:jf~ J ....r L ..._.. (I)" w~ ...JQ ~i a: D... ~. ~ i R , , !'( df j-- .~ I J I ...~ .~.~ 1 - ! P ~ ~ ;~ I, at Z~ O~ Fj 4: > W W 1E ;~ I, ~. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Country Inns & Suites Development P&Z Building Engineering Oee. Lleenle Deputy City Clerk APPLICANT'S AGENT: Currie, Sowards, Aguila Architects APPLICANT'S ADDRESS: 134 NE 1st Avenue, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21,2006 TYPE OF RELIEF SOUGHT: Request New Site Plan Approval to construct a 62 room hotel on a 0.91 acre parcel. LOCATION OF PROPERTY: 2201 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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 made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The AppliCjlnt LHAS 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 0/' 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 11-~/.-o6 S:\Planning\SHARED\WP\PROJECTS\Country Inns & Suites\NWSP 06-026\DO.doc EXHIBIT "C" CONDITIONS OF APPROVAL Project name: Country Inns & Suites File number: NWSP 06-026 R fI 2nd 1 'd 'fi d 'th S t b 262006Pl &2 d ki e erence: reVIew plans 1 entI e WI a eptem er , annmg omng ate stamp mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: 1. 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). 2. At time of permitting, provide a dumpster enclosure detail in compliance X with City code. PUBLIC WORKS- Traffic Comments: 3. Provide a notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering, prior to issuance of first permit. 4, On the Site and Civil plans, show and identify all necessary traffic control X devices such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. See City Standard Drawings "K" Series for striping details. PUBLIC WORKS - Forestry & Grounds Comments: 5. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article II, X Section 5 .H.) Reference FDOT Standard Index 546 for the sight triangles on Federal Highway. UTILITIES Comments: 6. No utility plan was included with this submittal, therefore this plan is X considered incomplete as submitted. However, the Preliminary Engineering Plan (Sheet 1 of 1) reflects an existing site located within the Utilities' service area, and is located where utility support is available. A simple "connect lateral (or tap) here" is not acceptable, even for a conceptual submittal. Therefore we are providing only a cursory review of the proposed site plans as submitted at this time. Additional comments may be required after a utility plan has been submitted. 7. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). Conditions of Approval 2 ~ooo.: DEPARTMENTS INCLUDE REJECT 8. At time of permitting, fire flow calculations will be required demonstrating X the City Code 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)). 9. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be detennined based upon final meter size, or expected demand. 10. Water and sewer lines to be owned and operated by the City shall be X included within utility easements. Please show all proposed easements on the engineering drawings, using a minimum width of 12 feet. The easements shall be dedicated via separate instrument to the City as stated in CODE Sec. 26-33(a). 11. 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. 12. 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. 13. PVC material not pennitted on the City's water system. All lines shall be X DIP. 14. 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 Departme~t's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction pennit application. FIRE Comments: 15. This building will require a full NFP A 13 fire sprinkler system, per City X Ordinance Chapter 9, section 7-3.2(4) and standpipes. Provide water supply information for these systems and all the required fire hydrants. This information shall include a flow test performed by the Boynton Beach Fire Department within the last six months, using the water supply lines that will serve this property. 0 POLICE DEPARTMENTS INCLUDE REJbCT Comments: None X ENGINEERING DIVISION Comments: 16. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 17. 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 permit review. 18. Provide an engineer's certification on the Drainage Plan as specified in X LDR, Chapter 4, Section 7.F.2. 19. SpecifY storm sewer diameters, inlets types, etc. on drainage plan. Indicate X grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 20. 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. 21. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. BUILDING DIVISION Comments: 22. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plan,s during the TART (Technical Advisory Review Team) process does not ensure that additional comments may not be generated by the commission and at permit 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. 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 (psf) on the plans for the building design. 25. Buildings three-stories or higher shall be equipped with an automatic X Conditions of Approval 4 ---' ~ ~ DEPARTMENTS INCLUDE REJECT 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. 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 irrigation where other sources are readily available. 28. 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 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: 1) The full name of the project as it appears on the Development Order and the Commission-approved site plan. 2) 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) 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. Pursuant to approval by the City Commission and all other outside X agencies, 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. 32. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. 3) Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561- 233-5013) 4) United States Post Office, Boynton Beach (Michelle Bullard - 561-734- 0872) 33. This structure meets the definition of a threshold building per F.S. X 553.71(7) and shall comply with the requirements of F.S. 553.79 and the CBBA to the 2004 FBC, Sections 109.3.6.1 through 109.3.6.6. The following information must be submitted at the time of permit application: I DEPARTMENTS I INCLUDE I REJECT I 5) The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. 6) All shoring and re-shoring procedures, plans and details shall be submitted. 7) All plans for the building that are required to be signed and sealed by the architect or engineers of record shall contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable fire safety standards as determined by the local authority in accordance with this section and F.S. Section 633. PARKS AND RECREATION Comments: None X FORESTERlENVIRONMENTALIST Comments: 34. Irrie:ation Plan Turf and landscape (bedding plants) areas should be X desi~ed on separate zones and time duration for water conservation. 35. Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. Col.] PLANNING AND ZONING Comments: 36. Approval of the new site plan is subject to approval of the associated height X exception (HTEX 06-008). 37. Use of paver brick sidewalks in City right-of-way requires executed X agreement with City. 38. Pavers and pattern intended for installation within City right-of-way shall X match that previously established by the City. 39. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 40. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" Program and must demonstrate their participation. 41. If for any reason, potable water use becomes necessary, the use of drought X tolerant plant species (per the South Florida Water Management District Manual) shall be maximized and the irrigation system should have water conservation desi~s (such as a drip system), where possible. 42. If it can be demonstrated at time of permitting that the east elevation of the X garage does not require all the louvered openings currently depicted on the plans, replace those not required by code for ventilation purposes, with faux window features to improve similarity with upper windows as well as to provide a more enl.!:aIDnl.!: facade with the pedestrian street environment. 43. Further articulate the east (front) entry in accordance with recommended X CRA design guidelines including greater architectural detail in the canopy and other defining and raised/recessed elements. Staff recommends that the trellis elements be reduced to be more subordinate and an accent to the ~ Conditions of Approval 6 "./ .~, ; DEPARTMENTS INCLUDE REJECT greater entrance features described above. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: o be determined. ~ S:\Planning\SHARED\ WP\PROJECTS\Country Inns & Suites\NWSP O~26\COA..doc . 1 in. = 71.1 feet ~ SE 21ST AVE Country Inns & Suites Exhibit A ... 1 in. = 11.1 feet Country Inns & Suites Exhibit A !Il~ - _~Dilil~ ;~i~ t !~Ir 5 UO<U f 11':1 ~ 1 III ~ t I!i:.l i 11 ~ ~ il en Z z zlfio ~~~ f:J~l5 is ~~ ... II. ~~~ ij@11 --~:~~: =--~:~~::: -~~~~~=~~-~-~ ??'L17 ,-'-~,:-,~=""= ;__=>. . ~ ,2~~~:i==:- ._~'-:~~T=,---=== I ii i -_~, SON 0"'0;'; 31"'lS ~ I, I'~_~ _~= 15b r i ~--il~-.__________ ION --''''I7lH9tH Sn ft '---_.. 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I ~ ii ~~ f~ <ii n Ii di i ~ti !d a 1511 n~3 i.51 531~ ~il~ ~ft:i ili' Ul~ ~,u ~~i~ ~I~~ nh t il,- · "i"~~~ia imfi'~1 ~ uufdll i. IHi ~ $I '-::0. SL:l:liH:lllo'.........". _ -.:J "'on<Nl'n "',t........... ,.......... ....-...'VVl ""', 'r."""" "...."'._ .....................,.., _~....<""' ._ ......""""'..... ~'>J'ow..,.,. _ r ~~.......- EXHIBIT B .~ N Iv 0 Q(V) "U~; <t: ~.n ~o I 5 ~ irit irlt w O. ml ~ I i~ 'i l~i~~lff~I;llii f Iii ~il!I~~I~fel ~J~I i~~ Iii 1!III!ilii!il!1111!llil ~ C 1:. ;>'IU o 0 L.:d~ C ic il ;>,tlJ-g. 0.0011I. .0 0 ~ r i~! (~j j~ W t f IU 1 ~ Q. . ~ 11 Q. . ~ f f! J ~f m ~4 EXHIBIT B ~ .( \fMHSIH l\f<J303.; fUl10s ~ ,... .1 i I I J. 'l: ~ ; , ~ ------ . ~(8 ~ --= -, --= ~ -=-- ,IIi if Hrl ;! II, II n lJJ I! n h II II JU II II I-f n tt" II I~ fli <t '. ". - - II if '. ! ~'I .o! I q: [I ft ... t r If~ ~ ii H : f I f t ! f 1 il 'i I n if! l! I I: i ;11.,; f ! I d I J I i.I' j, t fi hilll., ; d ~r; ~ ~ J ~',.., II ~. . 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'" ''" -I W w Q Cij m HI <H4<N<J EXHIBIT B DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA -- Development P&Z Building Engineering Oe:e:. L1e:8nse Deputy City Clerk PROJECT NAME: Bru's Room Sports Grill APPLICANT'S AGENT: Charles Putman, Putman & Associates, Inc. APPLICANT: Bob Brudzinski, Bru's Wings, Inc. - - AGENT'S ADDRESS: 4722 NW Boca Raton Blvd, Suite C-106, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21,2006 TYPE OF RELIEF SOUGHT: Request Conditional Use approval for a nightclub (amplified music) and a Major Site Plan Modification for a 775 square foot building addition on a 1.68-acre parcel in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 1333 North Congress Avenue (see Exhibit "A" - Location Map) 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 :.LHAS 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 ApplicC3l1t'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: 11-61I-ob S: IPlanninglSHARED\ WPIPROJECTSIBru'. Room\COUS\DO.doc EXHIBIT "D" CONDITIONS OF APPROVAL Conditional Use / Maior Site Plan Modification Project name: Bru's Room File number: CaDS 05-009 / MSPM 06-004 Reference: 3rdtreview plans identified as a Maior Site Plan Modification with an October 10,2006 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: None X PUBLIC WORKS - Traffic Comments: None X PUBLIC WORKS-Forestry Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION Comments: 1. 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 permit review. 2. 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. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: Conditions of Approval Bru's Room CaDS 05-009 / MSPM 06-004 Page 2 DEPARTMENTS INCLUDE REJECT 3. 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 permit review. 4. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 5. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article n, Sections 26-34) 6. 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. PARKS AND RECREATION Comments: None X FORESTERJENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 7. The owner shall include the following measures to maintain the noise level of X the amplified music at an acceptable level: . limited access (emergencies only) through the delivery door located on the south side of the building next to the stage area (deliveries will be received earlier in the day prior to live music); . utilizing the following construction materials for the proposed addition: block wall, acoustical ceiling tiles, metal deck and roof insulation, new ceiling height of 12 feet, drywall with R-19 insulation, carpeting, and brick building exterior; . replacing doors which lead from the new stage / lounge area to the outdoor bar area with more soundproof doors which will be kept closed during Conditions of Approval Bru's Room CODS 05-009 / MSPM 06-004 Page 3 DEPARTMENTS INCLUDE REJECT performances as much as possible; . no speakers in the outdoor bar area; . placing speakers in the live music area at least 3 feet away from the wall; and . providing additional landscaping around building to provide a dense vegetative sound buffer (large potted palms to line the exterior of the outdoor bar area, and additional foundation landscaping of varying heights as proposed on the landscape plan presented). 8. If sound levels of the amplified music are ultimately measured to exceed X sound limitations of the code, the owner or operator will either reduce the amplification level to comply with city sound limits, or apply additional sound mitigation measures to accomplish same. Sound readings would be taken by city personnel certified in using a sound level meter. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS None X ADDITIONAL CITY COMMISSION CONDITIONS To be determined. ~ MWR/kz S:\Planning\SHARED\WP\PROJECTS\Bru's Room\COUS\COA.doc Exhibit A - Site Location Map Bru's Room (f) o 230 460 ~-- 920 1,380 1,840 · Feet N w.' s -3 / 7l-~ ~ EXHIBIT "B"-- I ,I II' I <{' fit I l 'II .....-------1"- : -" ~ ~ ~, , .. D t' , :--- ~ I) r" ~ -!iJ ~- I 11 hu ' j 111--' W Ii i . Iii !Ih I"i ~ I J'" -- lt~. - If! ,4 ! ~l Hll f.; ~ S,U!! ;) I J. I J J.llh -=:::r-i I~ f I I I ::& ~;t I :li~1 n~~ I :1!I!iiji 'Tli i ~J!~. m I~I l d!; iil. ~ ..' I';k~k fl_ - ~ i!at~ j!ll Ir i Ub: hi! i il ~~:~: hili 3 U1ill!il II~ I! !:Ii; ;;n ill'n, i 11M it mil nli ~U il Ii !lii,"Ii!l! ~I.. nliilld, I-!Ii; I'i! rf" ii, If inl I '" 'nil "liki , "'I' "ii i" 'III' '2 I ~"~I ~ ; Iglfi !I'=i "".,' 1', i': '!'!II;rl 'I!i IIII~I:~ = II I II I' i r ,! I I !I!d" i~' '!'. b ~!!:ill i!!fll i,l !i!,'!!:I!! ~1~,'I,lf I U ~I!i:i til!!! !,~iI '~,Iill' '3J '~!' iii,', · , I ,~ I d2 H, f r j Ii md Iilfi f !f M;iUIil i m~l, If mll!!! i 1M II .f ~~ x~ y? l~ \ ;;: l~ I ~ __NIW H ~ ~ ~ . . - I j .:' t. ~ - " . oi . 'j! i :. ~ t. t; -. - >0: .j. f . . ',- .~ . , - ... ~ .wru ~,;..n1"'~,J:""".' . i ~ = ~ .:: ~ -I '--1 !hl! !!I ,,::dBI !JHi!!hll , "J J !tltsl, difll' fl. i!i~im ! I mUll'" jH:;~!U IfiitflifJ a:m:m; ! II-! ,I i n b ,I f,li! il,llr 11111111 II! JfiHt~ .&&IN ..... ,,"IS< .,---; . . t. . -.If'\ ..- . . 4. .. I. '* f '. . - II i> /, ~ ,. I . ~ ~ ~ e f'l II ~ -\ ) I I,,) -'J. .-! . t1 . '.' :_v-_~~ (. - ~.. ~ . J . . ~ )' . .. l . I' .,.> - - >; . . l - ... <( . . ~O . ~~ ';t! . 'li. . .t.n'I:ilJE4.lfJS- ~2 ~~ ~t 2' 0, 5' f ~ l i r~ II, LI ~- ;/ I . /.-. - - ~. - ...... .tna .....6MN , I ~~ tti l~ 6#tD ~"Z.;:l3;tl.:>lIY ,~~-:~- '~~ ursr.oOf lIY al.l.l.OJ. O"lOUVE" j h ill! ,,' II'" " ! ir - i J I UU IIII 1111111 i \ I ~!.;II ; ~ ) !l \ I . ri \ I ( I I vaI~O~~ 'H~v~a NO~NX08 'I'II'd~ SJ.'dOdS WOO'd s.n~8 OJ. NOIJ.IGGV ...e-.!!..... . I !! . I 3 tl ~ 5" tiH !...... f! l Ii il ...."" !ila IIi! ! 1IIIIIIn !lll ! J. !ij Pi 3i!" :If ill 1.~U ~ ;(k ------------------------------l----- (LOB AJUIf 3.lV.lS) :illImAV SS3l!~NOO "0 "'1":> I i \ i ) :'....... I. ....-:;-1 -,-= ~J >-+-.- ~ ?- m :..'. '" " .. .. a: . u2 : ..'" - E~clt ~a:ef= "", '" - ~ : ~ ~ * ffi;J - : 1- ,i ,~ I I ~ I ; 1I1I I ! 1 Ii! ~-I :_~ --- I I I I 1 i II EXHIBIT "B" . - - - - - -- ! -- - - - - - - 1 -- ~--- I , :rr-]I~ i J 0) n ~ \JIr2 ~M -" I- II I I I I I I I I I I I I I I ;; r ! ... I ~ I ~ I J I I I I I __..1 I ~. i......... - 'iI .. .. . . .. 3 . .. I . a _ y ilIKSIlOO#W _ I' """''''''''' :-':::'~Y.lOI . ... (0------- @----------------- 0-=: EXHIBIT "S" ,115! J t. ~ . J'I.ll11 . YOOOl:l HJY3g NO.J.NA()g llR19 S.uIDdS nOO<!l s.rl~ 0.1- NOWOOV i! ~i '~'I . I ~ I! ~, m N .~ ;" I" !I j .u__ ~L f~ pi i. ;~ h .-- ...~ ~ .. \. ~ l ~~ iU~ I I d 15b Jln ~ jr,liiijil::ln~. ~~ ;i~ ~ . -<s II! I ~~~~~~ i ~r;l I "'-<LJ i ~ ~ ~~~~ ~ ~~~I ~!lI; D jltH i I dElHEBB ~ l o~ rg~g!~ ~~-:~ -t S . s. ~;I" e !:. m '"0 .. i : 0 I'- ~ ~ ~~ .' ~~ ~ . k '" , j \ ~. .~ ~~t~ tJIP, ~H _ ~-n::hlnJ f~~~-~! ~ r---l~---------~---------~-----, u~ :-. I I I,.......... i~ I ~I if 10 .I n D II f5 Z t1...J :irN l~Iiil~L:::J "flRf;\_ I~....B~ ~~ - ~ If !~E1 Pf"., Au ..~ ~ ~ Ol .... I~ I~ ~ ~ t ~. ~ ~I~ ~ " "~ !i ~ ~!~ t g ~r; J ~li!nlhi;~2 ~!z ~~d~,~u~!n ~~~~~~~:l~~~~~ ...:~tc\"aD.r~ei~=!::!~ I~~ '-' I ~- ~O FO ,~ .... <Il '= - --- /11 n(~1I l~ L _..J ) ,'- - --"'/ I~ ~ (fO ~ 1M! .~ ~2 !!, I~ ~ ([.<<( i ! Ii I ~H~~~~ g~~OI ~ z ~ ~ &~ " ~w i~ ~~ z t .=:- ;HR ~t~iiU ~1~lai 8 ~ uq . ~da2~~ ~!tl ~Is~' EXHtBtT "B" ..... :r= 'iij , ,. ! . ~ ~ .~ ~ 0><1, 'a1uil"~O;I"'::l>t~k.7'~ iDIW'O.9fi1~~~HlI.UJWr'h 11'lO:1&Jll...L~Y.J.~ ~"'>oIu"IIO"Ol~ ~1l911CW~::lh-. ~illl AIl"lut'!:IlIIrT ":JM~_~-o......,..<<; -.Ql"""'il1J~ ~tltU. ...~......~"~,, "3a........". .....".., ~w ==~W_ I~ row~ II il I. ~~i" .' ;>0. VQll!IOl:l KIV3g NOJ.NAOO 11ll!l95.U1Od5 t"iOOl!l 5,nl!lg OJ. NOUJQQV II II 5, ;1 !II l. hi tlb r~~' ~:"~ I I I I.~ ip II III ~1I1 hi iln I I ' ~ ~ I ! . i z o ~ it ...J 1IJ ~ I. I . ~ EXljlBH "8" ILi Q! I ~ I 51.JI111. I I ' . , z ~ .J 1IJ ~ o z " . !I! 1"1 j I I .. - ~ I ~ - ~ - -I ~ I tl . . I ~ G @. . ~ I i . I I J l I I II 2 "II . . I I ~ I I I ~ . '" ~ . . . . . . . . Ii ; . . . . . . . ; ~ ~ ~ , ~ . . . . - Iji;;;tIIU: I Idifl~&.J i ~IIiIUlnu t!Uf! iH il niiil1Uil If! h Ii Iii u U Iii ~t 1j iW 8. _ulHX3 Charles Putmsn & Assodstes. Inc. Ft.NHNtB I 2JOItWQ I f'ERMfT17N(J 41Z2NWao....,...... ....~ ...~ Rl:wUt .u<<J1 !JI1I6i/IJttI-I",..~ II , I I-OIIG!ta&~c:-.'IK::="""'~N_Clt""W"'.,, i ~. 0 .. ..0 . 0 I 0 I e ~ 0 . . 0" @ . 0 0r-:;1(J1e · I I I z o ~ 11,IIIII!fEII!III'JIIII11il!U.1 g I. I I I . I I' I ~; ~Q ~ ~ .. · . · · · · · , · , ~ : I , ; l,f I. lit IE U II ~II I 3! . . i i i i ~ ~ i i i i i it".' i i I ~ ~ i II I~ I~ E ii1:1i' """"""" . ~ . 1-- --~ I ~I r---- - .........~"'.7>"~ I I ,I I I ~i . I 5 ~ I ) --/ II ! II I I C.L. OF CONGRESS AVENUE (STATE RYWY 807) - U~.... =.-=....... ..-t..... ..~ BRU'S ROOM ( BOYNTON BEACH. FLORIDA ( INVENTORY OF PlANT MATERIAL I - .................- ..)~~.... I )-- - ) ~_ .1-- ,.,....~-~. - -.- ...~a ,.qMt4M ........,.... DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA APPLICANT'S AGENT: Anand Patel - AA, LLC Development P&Z Building Engineering Occ. License Deputy City Clerk PROJECT NAME: Neelam Business Center APPLICANT'S ADDRESS: 1503 Belvedere Rd West Palm Beach, FL 33406 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 17, 2006 TYPE OF RELIEF SOUGHT: Request for a six (6) month time extension of the site plan approval (NWSP 05-022) granted on August 2, 2005, extending the approval to February 2, 2007. LOCATION OF PROPERTY: 924 North Federal Highway Boynton Beach, FL 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 LHAS 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: 1/- 611- O~ 'In. p~ S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Neelam NWSP 05-022\SPTE 06-010\DO.doc EXHIBIT "e" Conditions of Approval Project name: Neelam Business Center File number: SPTE 06-010 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: 1. All previous conditions of Approval as set forth in the original site plan X approval (NWSP 05-022) remain in effect. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Provide an updated concurrency approval letter from Palm Beach County X Traffic Division, prior to issuance of first permit. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Schnars Business Ctr\Neelam NWSP 05-022\sPTE 06-0 1 O\COA.doc ... 1 in. = 121.4 feet Exhibit A Neelam Business Center ~ NE 9TH AVE NE 8TH AVE DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Bul/dlng EngIneerIng Occ. LIcense Deputy CIty Cleric PROJECT NAME: Country Inns & Suites APPLICANT'S AGENT: Currie, Sowards, Aguila Architects APPLICANT'S ADDRESS: 134 NE 1 st Avenue Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21,2006 TYPE OF RELIEF SOUGHT: Request for Height Exception of nine (9) feet above the maximum building height of 45 feet in the C-3 zoning district. LOCATION OF PROPERTY: 2201 South Federal Highway Boynton Beach, FL 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 AppliC9nt'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 the terms and conditions of this order. 7. Other / / -<11 / - O~ DATED: S:\Planning\SHARED\WP\PROJECTS\Country Inns & Suites\HTEX 06-008\DO.doc EXHIBIT "C" Conditions of Approval Project name: Country Inns and Suites File number: HTEX 06-008 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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 FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\ WP\PROJECTS\Country Inns & Suites\HTEX 06-008\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc . 1 in. = 71.1 feet --...-I..-..---..-.-------.--.--.~____m. I I j i ! I I ! Country Inns & Suites Exhibit A ... 1 in. = 71.1 feet r(~ 1 ( ''-\ ~ Country Inns & Suites Exhibit A :' ~ EXHIBIT B ARCHITECTS CURRIE · SC jTARDS · AGUILA -~ - - Jess M. Sowards, AlA u_ - Robert G. Currie, AlA Jose N. Aguila, AlA August 2, 2006 Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 Re: Height Exception for 2201 South Federal Highway This letter is to request a Height Exception for the proposed development of a County Inns and Suites at 2201 South Federal Highway. The project is a 4 story hotel with pI level parking, an indoor pool and 2nd floor pool deck. To help comply with the Community Redevelopment Area Guidelines for Facade Roofline Breaks as well as to improve the aesthetics of the building and specifically the view from Federal highway we feel that the addition oftwo dormers are necessary. These dormers break the roof mass and add interest to the elevation. The proposed dormers were suggested by City Staff during the pre-application meeting. The dormers are 480 sq ft each for a total of 960 sq ft this is approximately 6 percent of the building footprint. We propose that these dormers be 53'-7" to the center point of their roof (8'- 7" above the allowable height. Thank you for considering this request. Sincerely, " Robert Currie, AlA FORMERLY ROBERT O. CURRIE PARTNERSHIP, INC.' AlA FLORIDA FIRM OF THE YEAR 2000 134 Northeast First Avenue' Delray Beach, Florida 33444. 561-276-4951' Fax: 561-243-8184. AA0002271 www.currlearc.com II Ilw:g tH IJlr' , ~ ~ g ~ ~~ III pa ::d~C)J: i ! .. U 0 <( ~ jj '~~il ! ~ III <( · !Iil i. i ~ ~ ~ ~ ~ ~ . - ~ Iii j ~ I If) ~If)Z ;I:~ a:~ii1 ~ ~ lfl <( ~OU ~oz>- iU<(<Q It ~~~ Sl~~ C:~>- I ~~2 ~ ~ . . . . . f I ~ i i~ ~~ ~~ , Ii! I e '1 ~ II II i ~ I ~l"! ~~ ltiil Ulti I IiI ~!i r~i ~. II1I nl J II ~II~ 11,1 I IIII III ill II il II' II j it ~~I~ q III ~ ~ ~ Ii ~ih j tl,r I n d !I j! I_~.tilll I (! I~iil J di fit m i i I. a,1'1 Ii ~~I :~I :~I B Ii i~n(i d I :~ ~i r ~t II h Ii i :1 Ilmll;n ~ 51-:- su~"...,.. ~ -.:l .. ,""-"" OA,_ _. .__ '._......._ _.. ......._"_ _.__.._. ~______. EXHIBIT 8 ':5 1""'4 lu ~ ~ w~! ~ N i:;: I 3~ ~o w ~ ~ ti c;; w (J) I g ~~ w. ~. ii5i " I II VI VI l~~ ~~ ~ M if I ~ .r <( :5!:: ~~ J~a is. ~ ::>S: (9 I H . ; ~ U 0 <( U H -- ~ ~ ! VI .r"- I~"I - ~ <( ~.. mIl i i ~ ~ ~ Vl Z ZVlZ -wO ~l:;Vl ~t-~~ . Z ct o::l 0 U ,Oz>- ,Uctal ~ ~ > ~l ~~ i - I II' ~~~ ~~~ ~w!z i 00>- ~~~ .. . i I ~~ h <a n ~~ i~ eli i ~i Ii! i ldi ii~5 1i.51 nl~ ~~I~ DD;: til U E nnm; l ~r.- '".'~~Iii ~ filiI;;' ! " Jn~ .~ 51 -:lOll ~P]_ YWrN _ --. ... t~ ....._....., ........... ...,.....".". ~,..."""....<..n............................_c...c.... ...............,..."..c__...... EXHIBIT B .~ N 10 0 ~M :'l !i ~ <( ~~ ~~ I ~ ~ ~l w' t ~- wi " I DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Oee. L1een.e Deputy City Clerk PROJECT NAME: Las Ventanas (fka Gulfstream Lumber) APPLICANT: Epoch properties, Inc. APPLICANT'S AGENT: Kyle Riva, President of Epoch properties, Inc. AGENT'S ADDRESS: 359 Carolina Avenue, Winter Park, FL 32789 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2006 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the site plan (NWSP 05-021) to September 6, 2007 LOCATION OF PROPERTY: Northwest corner of Federal Hwy and Woolbright Rd. (see Exhibit "A"- Location Map). 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 Appliccylt'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: II-t}./-Ob City Clerk at Boynton Place\SPTE 06-009\DO.doc S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Up EXHIBIT "C" Conditions of Approval Project name: Las Ventanas (fka Gulfstream lumber) File number: SPTE 06-009 Reference: I DEPARTMENTS I INCLUDE I REJECT I 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: 1. The time extension is subject to the original Conditions of Approval. X Las Ventanas (tka Gulfstream Lumber) SPTE 06-009 Conditions of Approval Page 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Gulfstream Lumber\Uptown Lofts at Boynton Place\SPTE 06-009\COA.doc Exhibit 'A' - Location Map ...... ..... 180 90 0 , " I ,.. ' 180 360 540 720 ~ I Feet w~