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Minutes 01-02-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 2,2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Mack McCray, Commissioner Jose Rodriguez, Commissioner Carl McKoy, Commissioner Kurt Bressner, City Manager James Cherot, City Attorney Janet Prainito, City Clerk Absent: Robert Ensler, Vice Mayor I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:32 p.m. The invocation was given by Commissioner Mack McCray. Rev. Rick Riccardi was unable to attend. Commissioner McKoy led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner McCray moved to approve the agenda. Commissioner McKoy seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner McCray thanked the sponsors of the holiday event and staff of the City and Community Redevelopment Agency (CRA) for the Holiday Extravaganza. He also wished all employees, their families and the citizens a Happy New Year. Commissioner McCray thanked the Police Department for their professionalism in handling the incident at the Boynton Beach Mall and avoiding a catastrophe. 1 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Commissioner McKoy added the bravery of the police officers to deal with the issue they faced and make split second decisions was a tribute to their training and expertise in avoiding a worse tragedy. Commissioner Rodriguez extended a Happy New Year to all. He commented the holiday parade and events were well organized event and congratulated those responsible. Commissioner Rodriguez offered condolences to the family of the victim in the incident at the Boynton Beach Mall. He also thanked the members of the Police Department who reacted and alleviated any further incidents on Christmas Eve. Mayor Taylor echoed the previous remarks and stressed there is a full time officer on the County task force on gangs and violent crimes, plus an entire department within the Police Department dealing with potential gang members. He commended the Police Department and Fire Department for the rapid evacuation of 20,000 people from the mall avoiding further harm during the incident. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: 1. Announcement by Janet DeVries, Library Archivist, of the release of her newly published book titled, Around Boynton Beach and presentation of complimentary autographed copies to the Commission. Craig Clark, Library Director, introduced Janet DeVries, Library Archivist, and explained her position with the City of Boynton Beach. Janet DeVries outlined her research and presented the Commission and City Manager with an autographed copy of her newly published book, ''Around Boynton Beach". The book is on sale at the Library, Children's Schoolhouse Museum and area bookstores. B. Community and Special Events: None. C. Presentations: 1. Proclamations a. Martin Luther King, Jr. Day - January 15, 2007 Mayor Taylor read the proclamation proclaiming January 15, 2007 as Martin Luther King, Jr. Day. 2. Presentation by The Greater Boynton Beach Sister Cities Committee, Inc., to establish a second Sister City relationship with Eleuthera, Bahamas Jeanne Heavilin, President of The Greater Boynton Beach Sister Cities Committee, Inc., reviewed the history of the Sister Cities program and the criteria for selecting a Sister City. She announced Lena Rahming had established a group of individuals willing to accept the responsibility of another Sister City relationship with Eleuthera, Bahamas. 2 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Jake Rose, urged the adoption of the Sister City relationship with Eleuthera, Bahamas. He contended the cultural ties and redevelopment efforts are extremely similar in both cities. Mr. Rose looked forward to a wonderful relationship for both cities. Lena Rahming, read a letter from the Speaker of the House of Assembly in the Bahamas, accepting an invitation to be a Sister City to Boynton Beach. Ms. Rahming mentioned the number one reason for selecting Eleuthera was the existing cultural, social and economic attachments. Many people from the Bahamas relocate or visit the City Boynton Beach each year. Mayor Taylor indicated he was excited about the relationship and had family ties to the Bahamas. Ms. Heavilin explained if the Commission approved the relationship a formal invitation to bring a group of officials from Eleuthera to Boynton Beach and sign a formal agreement would be the next step. Motion Commissioner McCray moved to approve establishment of a Sister City relationship with Eleuthera, Bahamas. Commissioner McKoy seconded the motion. The motion was unanimously carried. 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> Herb Suss, Quail Run, commended Chuck Magazine, Risk Manager and the City Manager for writing a letter in support of the Police and Fire Department for the incident at the Boynton Beach Mall. He commented the Commission had been doing an excellent job so far. Susan Horn, 1 Colonial Club Drive, referred to the incident at the Mall as a sad moment and that no one deserves to die. She suggested reaching out to the gang members with guidance and hope to encourage them to not participate in violent crimes. Myra Jones, 311 NW 4th Avenue, discussed the lack of communication between the community and the organizers of the Heritage Fest. She requested the assistance of the Commission to assure the neighborhood associations and citizens were included in the planning of the event. Angelina Jean Baptiste, 584 Angler Drive, Delray Beach, described a family situation that she sought assistance to aid her and others. Commissioner McCray explained her complaints were a civil matter that the City could not remedy. Mr. Bressner suggested discussion with the Police Department and the services they offer may be able to assist the family. Lisa Bright, Director of the Community Redevelopment Agency, was accompanied by Jody Rivers, Parks Superintendent, and explained Wilfred Hawkins, Assistant City Manager, had relayed the concerns of the community to the new special events manager. The issues were to be discussed at the next meeting of the committee on January 10th. Ms. Bright assured the Commission that the 3 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 CRA and City were working hand-in-hand with the committee and community to plan an event to celebrate all cultures. Mayor Taylor closed the public audience when no one else came forward. XIII. UNFINISHED BUSINESS: (Moved Up On The Agenda) B. Follow-up discussion on site plan for Ocean 95 Industrial Project Mr. Bressner reviewed the available options as previously discussed. He recommended the north access option be pursued and work with the developer to assure the access to the property adheres to the north route. He cautioned it was a not a perfect solution. Mayor Taylor inquired about the source of the funding for the north access. Mr. Bressner replied the monies would be taken from the general fund, placed in the City capital improvements funds and the value of the property tax derived from the project would be utilized for approximately 18 years to retire the debt. Commissioner Rodriguez asked if new traffic studies would be required. Mr. Bressner responded traffic enforcement would be an issue in the area and access for emergency vehicles must be maintained. Mayor Taylor struggled with the idea of taking a home to avoid trucks going by other homes. The size of the trucks could be limited and heavy fines could be assessed for violations. He was willing to compromise, but cautioned there were consequences for either route chosen. Commissioner Rodriguez noted the neighborhood had initiated the north access option and the staff had done a great job in reviewing all possibilities. Commissioner McCray commented although he did not want to take anyone's home, it was a necessity in some instances. He added the homeowners could find their living conditions improved. Motion Commissioner McCray moved to approve proceeding with the northern access route. Commissioner Rodriguez seconded the motion. The motion passed unanimously. 7:26 p.m. Mayor Taylor recessed the meeting. 7:35 p.m. Mayor Taylor reconvened the meeting. Mayor Taylor announced there would be a Community Emergency Response Team (CERT) drill on Saturday, January 6, at the Rolling Green Municipal complex starting at 9:30 a.m. v. ADMINISTRATIVE: A. Appointments to be made: 4 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Appointment To Be Made II McCray Board Length ot Term Expiration Date III Rodriguez Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07 Tabled (3) Ensler IV McKoy Cemetery Board Alt 1 yr term to 4/07 Tabled (2) II III IV McCray Rodriguez McKoy Code Compliance Board Alt 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (2) 2 yr term to 4/07 III II Rodriguez McCray Community Relations Board Alt I III Ensler Rodriguez Education and Youth Advisory Board Education and Youth Advisory Board Education and Youth Advisory Board Alt Alt Reg Alt Alt 1 yr term to 4/07 Tabled (2) 1 yr term to 4/07 Tabled (3) 1 yr term to 4/07 Tabled (3) 3 yr term to 4/07 Library Board Library Board Recreation & Parks Board Recreation & Parks Board Alt Reg Motion Commissioner Rodriguez moved to approve Dave Barie as a regular member of the Recreation & Parks Board. Commissioner McCray seconded the motion. The motion passed unanimously. II McCray Recreation & Parks Board Reg 3 yr term to 4/08 Tabled (2) IV McKoy Senior Advisory Board Reg 2 yr term to 4/07 Tabled (2) Motion Commissioner McCray moved to table all remaining appointments for lack of candidates. Commissioner McKoy seconded the motion. The motion passed unanimously. VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Agenda Preview - November 17, 2006 2. Regular City Commission - November 21, 2006 3. Agenda Preview - December 1, 2006 4. Regular City Commission - December 5, 2006 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2005-2006 Adopted Budget. 1. Award a piggyback with Contract Connection in the amount of $56,103 for purchase and installation of play equipment in the Southeast Neighborhood 5 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Park, 2882 SE 2nd Street, based on a contract with Palm Beach County Playground and Park Equipment Contract #05074A. 2. Approve a piggyback with Davco Electrical Contractors Corp. (Davco) in the amount of $51,650 for construction of the electrical element of the development of the Southeast Neighborhood Park, 2882 SE 2nd Street, based on a contract with the Palm Beach County School Board, Contract #06C-4ll. 3. Approve utilizing the Florida State Contract #600-760-00-1 issued to Pitney Bowes for the purpose of entering into a four (4) year lease agreement for a new 01950 Folding and Inserting System at a cost of $56,284.32 with a one (1) time installation and training cost of $1,186 for a total cost of $57,470.32. (Proposed Resolution No. 07-001) C. Resolutions: 1. Proposed Resolution No. 07-002 RE: Removing the "cap" on the Land Acquisition Trust Fund to allow state agencies and local governments to have available funding for critically needed land acquisition and management funding. 2. Proposed Resolution No. 07-003 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with George Homrich for the property at 1050 Peak Rd., Lantana, FL (Ridge Grove Add No 1 Lot 223) 3. Proposed Resolution No. 07-004 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with George Homrich for the property at 1056 Peak Rd., Lantana, FL (Ridge Grove Add No 1 Lot 224) 4. Proposed Resolution No. 07-005 RE: Approving and authorizing execution of Scope of Services (Appendix A) for the 2007-08 Fire Assessment Work Plan with Government Services Group, Inc., at a cost not to exceed $25,300. 5. Proposed Resolution No. 07-006 RE: Approving Task Order U-07-002 with DcR Engineering Services, Inc. through a piggyback of RFP 02-29 between St. Johns County and DcR Engineering Services, Inc. as amended on January 25, 2006 for technical and engineering services to install appropriate instrumentation and control programming for the operation of the Aquifer Storage and Recovery (ASR) wells at the East Water Treatment Plant at a cost of $199,173.97. 6. Proposed Resolution No. 07-007 RE: Approving Amendment No.2 to Task Order #U04-5-06 for $79,484, engineering services provided by CH2M Hill for the design, permitting and test well construction of 6 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 a Floridan Aquifer well field, East Water Treatment Plant expansion (EPX), Stage 1 Project. D. Approve full release of surety for the project known as Safe & Secure Self Storage of Boynton Beach, in the amount of $72,180.90 and to return the original letter of credit no. 182060-100 from Fidelity Federal in this amount to the developer, the Pugliese Company. Motion Commissioner McKoy moved to approve all items in the consent agenda. Commissioner McCray seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEG~L SETTLEMENTS: A. Approve payment of settlement from continuing negotiations in the amount of $75,000 in the case of Roy and Christi Hernandez vs. City of Boynton Beach, et al. Motion Commissioner McCray moved to approve item VILA. Commissioner Rodriguez seconded the motion. The motion passed unanimously. B. Approve the Code Compliance Board's November 15, 2006 decision to reduce the lien in Case 04-1890 from $14,043.24 to the City's administrative costs of $1,018.24. Motion Commissioner McCray moved to approve item VII.B. Commissioner McKoy seconded the motion. The motion passed 3-1. (Commissioner Rodriguez dissenting) 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 matters for public hearing. He explained the procedure to be followed. A. Project: Agent: Owner: Location: Description: B. Project: Agent: Owner: Location: Miraflor (ANEX 06-009) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Boulevard across from Mentone Road Request to annex the subject property (3.87 acres). (1st Reading Proposed Ordinance No. 06-093)(Tabled to January 2, 2007) Miraflor (LUAR 06-022) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Sea crest Boulevard across from Mentone Road 7 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 dujac) (1st Reading Proposed Ordinance No. 06-094) (Tabled to January 2, 2007) Request to rezone from Residential, Multi-family (PBC RM) to Multi- family Residential (R-3) (1st Reading Proposed Ordinance No. 06-095) (Tabled to January 2, 2007) Proposed use: Residential development consisting of 40 multi-family townhome units. c. Project: Agent: Owner: Location: Descri ption: Miraflor (NWSP 06-027) Bradley Miller, Miller Land Planning Consultants, Inc. SCI Funeral Services of Florida, Inc. West side of North Sea crest Boulevard across from Mentone Road Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi-family Residential zoning district. (Tabled to January 2, 2007) Motion Commissioner McCray moved to remove items VIlLA, VIlLB and VIlLC from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Attorney Cherof requested all items regarding Miraflor be consolidated for hearing. Bradley Miller, Miller Land Planning Consultants, Inc., agent for the owner, acquiesced to the request. Attorney Cherof pointed out the annexation was not a quasi-judicial hearing, rather a legislative decision by the Commission. Kathleen Zeitler, Planner, located the property and reviewed the requests. She indicated staff recommended approval of the annexation, amendment of the land use and the rezoning. Mr. Miller added the ultimate plan for the City was to annex properties up to Hypoluxo Road and the 3.87 acres would be in furtherance of that goal. The site plan included five buildings of eight units each. The project would be a non-age restrictive community and provide affordable housing in the area. Mr. Miller advised he had met with the residents of Pine Point and heard their concerns. Commissioner McCray noted the project was adjacent to a cemetery and inquired about any landscaping that would shield the view of the mausoleum. Mr. Miller described the wall and landscape buffering that would be included. He also noted that four of the five buildings had a north to south orientation and would not have a view facing the cemetery. 8 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Mr. Miller added the project included 40 affordable homes, as defined by the county, and would be increasing the tax revenue and revitalizing the housing in the area. He also emphasized the land use would be identical to the Pine Point apartments. Mayor Taylor inquired if the applicant agreed with all 32 conditions of approval. Mr. Miller concurred. Mayor Taylor opened the issue for public hearing. Mary Drago, 311A Country Lane, Pine Point Village, offered her opinion that the project was not needed in the area and preferred the area remained the same. She indicated a petition against the project had been circulated that contained approximately 100 names. Mayor Taylor advised Ms. Drago it was privately owned property and the owner had the right to develop his property. Ms. Drago complained she did not want the noise, traffic or children in the area. She also did not feel the price would be considered affordable for teachers, police or firemen. If the units did not sell, her concern was they would become rentals and have only transient residents. Commissioner McCray echoed Mayor Taylor's remarks and added the City was not marketing the development; that would be the responsibility of the owner. Carol Deary, Pine Point Villas, requested an explanation of the difference between residential, multi-family PBC RM to multi-family residential R3. Ms. Zeitler explained it represented a change from the Palm Beach County designation to the City of Boynton Beach designation limiting density to 10.8 dwelling units per acre. Ms. Deary contended the new designation was not in conformity with the neighborhood because the new project included two-story buildings and had a higher density. Ms. Zeitler pointed out the zoning and density would be the same as the Pine Point Villas. Mr. Miller pointed out the cemetery mausoleum and Sam's Club were both higher than one story. Commissioner McCray added the hotel off of Hypoluxo Road was multi-story creating a step down in height from Hypoluxo Road to the one-story single family homes. John Codella, 3311 Loren Road, Pine Point Villas, contended drainage could be problematic for Pine Point Villas if not properly constructed. He also felt the traffic flow would create congestion on Seacrest and the parking for the homes was inadequate. This supported the contention that the density was too high. Mr. Miller responded to the concerns and asserted the owners were simply complying with the City's desire to grow and it was a parallel change in zoning. The height difference would offer a transition north to south and east to west. He emphasized the traffic study indicated a low impact and the number of parking spaces exceeded the Code requirement. Mr. Miller explained the density was needed to maintain the affordable housing aspect of the project. Mr. Bressner suggested adding a condition of approval that all prospective buyers be made aware before purchasing the units, that there was no guarantee that the 1-95 noise reduction wall would 9 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 be constructed to the northern end of the property. Mr. Miller agreed to the additional condition of approval. Attorney Cherof read Proposed Ordinances 06-093, 06-094 and 06-095 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance 06-093. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to approve Proposed Ordinance 06-094. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McKoy moved to approve Proposed Ordinance 06-095. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. Motion Commissioner McCray moved to table item VIII.C to January 16, 2007. Commissioner Rodriguez seconded the motion. The motion passed unanimously. D. Project: Agent: Owner: Location: Description: North General Center of Medicine (ZNCV 07-002) Roy Dunworth, Dunworth Construction, Inc. Dr. Jean Renelien, United Medical Enterprises, Inc. West side of Federal Highway, south of the C-16 canal Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.D.3, requiring a minimum lot depth of 100 feet, to allow a variance of 18 feet and an approximate lot depth of 82:1: feet for a proposed commercial/office development within the C-4 (General Commercial) zoning district. E. Raymond Barry, architect for the project, was present on behalf of the applicant. Attorney Cherof asked for an overview of the necessity for the variance. Gabriel Wuebben, Planner, reported the application met the standards and recommended approval based on hardship due to circumstances that are not a result of actions by the applicant. It is the minimal variance necessary for the best and reasonable use of the land. It would be compatible with the surrounding properties. 10 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Commissioner McCray confirmed the hardship had been established. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Attorney Cherof asked for clarification of the basis for the hardship. Mr. Wuebben explained the lot had been originally platted in the 1950s and ordinance changes thereafter brought the lot into non-compliance. Motion Commissioner McCray moved to approve item VIII.D. Commissioner Rodriguez seconded the motion. The motion passed unanimously. E. Project: Agent: Owner: Location: Descri ption: North General Center of Medicine (NWSP 07-001) Roy Dunworth, Dunworth Construction, Inc. Dr. Jean Renelien, United Medical Enterprises, Inc. West side of Federal Highway, south of the C-16 canal Request for a new site plan approval to construct a two-story, 3,900 square foot office building and related site improvements on a 14,177 square foot parcel, in the C-4 (General Commercial) zoning district. Attorney Cherof sought agreement with the 51 conditions of approval. Mr. Barry confirmed the applicant was in agreement with all the conditions of approval. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.E. Commissioner McKoy seconded the motion. The motion passed unanimously. F. Project: Agent: Owners: Location: Description Chow Hut (SPTE 06-014) Anthony Mauro (N/A) 558 Gateway Boulevard Request for a 12 month site plan time extension for site plan approval granted on November 1, 2005, to extend site plan approval from November 1, 2006 to November 1, 2007. Motion Commissioner McCray moved to approve item VIII.F. Commissioner McKoy seconded the motion. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. The motion passed unanimously. 11 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 G. Approve a Special Warranty Deed conveying title to Tanya Sallette for Lot 161, 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. R07- 008) Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve item VIII.G. Commissioner McKoy seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Review by Recreation & Parks and Arts Administrator of possible pocket park next to Sunshine Square Mr. Bressner explained the Recreation & Parks Department, Public Arts Administrator and CRA agreed a pocket park at the location was neither feasible nor desirable. Motion Commissioner McCray moved to concur with the recommendation. Commissioner Rodriguez seconded the motion. The motion passed unanimously. B. Follow-up Report on Implementation Team of Boynton Assembly Project Mr. Bressner requested the Commission establish five subcommittees: 1) Community Relations, 2) Public Communication and Governance, 3) Neighborhood Revitalization, Affordable Housing Business Development and Retention (Economic Development), 4) Infrastructure and 5) Education. He also requested the Commission authorize invitations to the proposed five members of an Implementation Team. Mr. Bressner added the members of the various subcommittees would be drawn from the participants of the assembly and other interested parties. The committees would consist of six to eight members as well as a staff liaison. Motion Commissioner Rodriguez moved to approve the Implementation Team as identified by the City Manager. Commissioner McKoy seconded the motion. The motion passed unanimously. x. FUTURE AGENDA ITEMS: A. New Space for the Police Department (January 16, 2007) B. Feasibility of Saturday hours for the Building Division (March 2007) C. Schedule of all development fees and when payment is due (TBD) 12 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING 1. Proposed Ordinance No. 06-096 RE: Amending the City of Boynton Beach's Code of Ordinances to replace the term Occupational License with Business Tax or Business Tax Receipt. Attorney Cherof read Proposed Ordinance No. 06-096 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-096. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 06-097 RE: Amending the Land Development Regulations of the City of Boynton Beach, Revising Chapter 4, "Site Plan Review" Section 5 to increase the initial approval period for site plans from twelve months to eighteen months. Attorney Cherof read Proposed Ordinance No. 06-097 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McCray moved to approve Proposed Ordinance No. 06-097. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 3. Proposed Ordinance No. 06-098 RE: Amending Part III, "Land Development Regulations", Article III "Special Conditions" of 13 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Chapter 21; providing for additional time that special signs can be maintained. Attorney Cherof read Proposed Ordinance No. 06-098 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 06-098. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. C. Ordinances - 1st Reading 1 Proposed Ordinance No. 07-001 RE: Amending Ordinance 06-050 which consolidated the Children and Youth Advisory Board and the Education Advisory Board to clarify the City of Boynton Beach's Code of Ordinances. Attorney Cherof read Proposed Ordinance No. 07-001 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-001. Commissioner McCray seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 2. Proposed Ordinance No. 07-002 RE: Amending Ordinance 05-060 to provide that the art fee does not apply to projects which had applications pending on or before October 5, 2005; providing that the 30% of the 1% (.03) Public Art fee is collected by the Building Department at time of Building Permit issuance and the 70% of the 1% (.07) prior to and as a condition of issuance of the certificate of occupancy which includes the Public Art. Attorney Cherof read Proposed Ordinance No. 07-002 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 07-002. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. 14 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 3. Proposed Ordinance No. 07-003 RE: Amending Section 2-16 of the Code of Ordinances to add a new sub-section (h) to provide for a uniform procedure for nominating and voting for the Chair and Vice Chair of City boards. Attorney Cherof read Proposed Ordinance No. 07-003 by title only. Mayor Taylor passed the gavel to Commissioner McKoy. Motion Mayor Taylor moved to approve Proposed Ordinance No. 07-003. Commissioner Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 2-2. Attorney Cherof declared the motion failed. 4. Proposed Ordinance No. 07-004 RE: Amending section 2-16 of the Code of Ordinances to add a new sub-section (i) to modify the commencement of terms for Board Appointees from April to November to coincide with the City election sequence. Attorney Cherof read Proposed Ordinance No. 07-004 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 07-004. Commissioner McKoy seconded the motion. Vote City Clerk Prainito called the roll. The vote was 4-0. D. Resolutions: None E. Other: 1. Closed-door Executive Session 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 (Tabled to January 2, 2007) Attorney Cherof announced the request for a closed-door executive session and read the caption of the case to be discussed. In attendance would be the Mayor, Commission, City Manager and City Attorney. 15 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Motion Commissioner McCray moved to remove item XILE.1 from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. Motion Commissioner McCray moved to hear item XIII.A before the closed-door executive session and to remove the item from the table. Commissioner McKoy seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: A. Continued discussion of Community Redevelopment Agency Board. (Tabled to January 2, 2007) Commissioner Rodriguez felt it was important that the Commission regularly provide input and feedback to the Community Redevelopment Agency (CRA) on its progress against the Commission's objectives. He proffered the results of the Agency have been unacceptable. The MLK project had not made any progress and he challenged the CRA to be more assertive in their efforts. He also challenged Intown Development to come to an amicable agreement. Commissioner Rodriguez proposed a regular discussion by the Commission be held regarding the results, activities and satisfaction of the Commission with the appointees on the board. Commissioner McCray deferred any comments until a full board of Commissioners was present. Mayor Taylor agreed with Commissioner Rodriguez's statements and voiced his own frustration with the progress of the project. He recalled the goal was to revitalize the area. Mayor Taylor suggested the City have strong representation during any meetings between the CRA and Intown Development since the City is a third party to any agreement. Commissioner McCray commented he agreed something should be done and stressed the citizens of District II had been frustrated with the efforts for a long period of time. If making a change in the Master Developer would facilitate the progress, he felt it should be done as soon as possible. Commissioner McKoy emphasized there needed to be closure on the project. He recalled that originally there was a provision for a second developer, if the first developer faulted. Mr. Bressner agreed there was an alternative; however, the CRA had not gone to that extent. Commissioner Rodriguez volunteered to be a facilitator in any meetings between the parties. He strongly felt that the fact the board had selected Intown and is currently changing its decision, was a reflection on the board. Mr. Bressner related he had received a commitment from both sides that the project would move forward and it had not. He proposed a staff team consisting of himself, Mike Rumpf and Nancy Byrne be tasked to negotiate as City representatives. Commissioner McCray would not place blame on the board for the selection of Intown as the master developer. An RFP had been issued and Intown was properly selected. 16 Meeting Minutes Regular City Commission Boynton Beach, FL January 2, 2007 Commissioner Rodriguez contended strong negotiating skills were needed and he possessed those skills. He was not confident the proposed team had the necessary skills and experience. Commissioner McKoy requested clarification on the procedure to change from the current developer to another. Mr. Bressner was not sure the original plans had been fully developed to ascertain the success or failure of that plan. The negotiations were strained and progressing very slowly. Mayor Taylor felt the presence of Commissioner Rodriguez in the negotiations would send a clear message that the Commission was frustrated with the efforts to date. Commissioner McCray supported staff's intervention to avoid the appearance of any ethical considerations or conflict of interest on the Commission. Commissioner Rodriguez declared he had no personal interest in any party in the RFP, nor did he own any land in the MLK area or Boynton Beach, with the exception of his own home. Commissioner McKoy agreed with Commissioner McCray that an ethical question may arise. Mr. Bressner concurred. Mayor Taylor directed the team be present at all meetings between the parties. Mayor Taylor declared the meeting recessed for the closed-door executive session at 9:02 p.m. Attorney Cherof indicated the Commission would return to chambers to adjourn the meeting in the presence of the court reporter. ~, ~ ~/ -'/ /c-d a~~ I .' ith A. Pyle eputy City Clerk 01/04/07 5: \CC\ WP\MINUTES\COMM\year 2007\010207.doc ATTEST: J et M. Prainito ity Clerk 17 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z BuildIng EngIneerIng Occ. L1cen.. Deputy CIty Clerk' PROJECT NAME: North General Building APPLICANT: AGENT'S ADDRESS: Roy Dunworth - Dunworth Construction Inc. 625 SW Salerno Road, Stuart, FL 34997 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2007 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.D.3., requiring a minimum lot depth of 100 feet to allow a variance of 18 feet, and a minimum lot depth of approximately 82 +/- feet for a proposed office development within the General Commercial (C-4) zoning district. LOCATION OF PROPERTY: West side of Federal Highway; South of the C-16 canal 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 AAS 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 HC" with notation "Included", 4. The Applicant's application for relief is hereby ~RANTED 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: Ol-OS' -07 Yn. p~ S:\Planning\SHARED\WP\PROJECTS\North General Center EXHIBIT "e" Conditions of Approval Project name: North General Building File number: ZNCV 07-002 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 FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X North General Building ZNCV 07-002 Conditions of Approval P 2 age DEPARTMENTS INCLUDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. '1Lcnuv S:\Planning\SHARED\WP\PROJECTS\North General Center of Medicine\ZNCV\COA.doc Exhibit "A" - North General Building Location Map ~..----1-1 II I I I I l I ( I I I I L---jl 1TIH I ( I I I I I 12TH ,I --rr~l.l I I I I J R2 [------1 I Duplex R~sidential ~! 10, 13: I~ I II I I C-16 Canal 11TH I',' L.i Li I~: I Neighbo'rhood l ell. I I ommercla , I I I f " I I I I I I I ~ R1AA ~ Single~family Residential MARTIN LUTHER KING'JR . 04590 180 270 360 . Feet N w+, r--L. -_ " 'r I : /.~ i ~ '.I 'I I $1 6 "1 ;~' ., 01 .. ~. L. LI ~-::: f'fku'~4 ~''*' 'l ~' ,A//lJ fnnfu J' '/I~'a ~ ~.J S wN 'IS .::r:. " . - . .I. , . " . . . ~, r ...: >-0 ~~ 6~ Xx -,0 i:i~ wm cii Sz CI) ... 0 w ..... I>< 2 o >- o 0 ...: m m ~ m I X W >- w > a: => C/) ..~ i5>-tl I~;; ~!g~~ I!! . OJ !( .-'. -- ... ....0 - I i'j~.. ;:5 RIO lOT'" "'- Z'" _ 0-0 0-0", z" ,...-"" ~d; :s zL: . ~cl... ~u~~ wa. f3 ~~~!!! Nzzi::; gjj:: 900. lA.,OU::::I: ~ ~. ou ~~ .81" ~tJ ~ Ii I ~mh ~~!~~ ~ ~jg!;l ~i~~ i~~~ ~ i~d ~ ~jl~ ~ Dl<>~~ ~ ;~8~ ~ dii d !;!~:~ ~ ~~i!:~~ !;j1:i~5 ft::<>~~ <>j!;~iti ::~I~ =>l!lili ~ I'E.... oC oC8! ~ ;~WIL:i! OoCj!;...w i5j:!oOj!; %iiig~l:; f~zi.. i: ~CI ~ ~i;~~; lJiiilSW w oCj!; t:; j!;~~rao 6; ~~::n ~ )-~ze~ "'<>=>Iii~ & i~~ oC ~ ~III; o %!!;::~Cl m _D-cCl)C: ~ _ _ _ _ _ -'-- _ _ _AYMH31'! ~!J _ _ _ _ _ __ ~ W 8 (!Yld).6t'S91 ("SYlI'l),06'li91 II1WIll W IIIl:l .. ~ ~ .t..:-:,. '. '. ,. t " '... . ..' ,.oa.,: '.,.~ "', ~ ... ~ ~! ~ ~~ e:a ~ ! ... ~ ..oj> .j.-J' ; ~ !/ A ~ ~ ~ .., .. z .... ~ ~~ '" (lYld).U'.91 ("SY3Il).09'191 i iii .... ~ sum 0Y0lI1IYlJ i~ ,.-......... ;;', ~ :;. ~, ~ .... ~ s ~ - - - _ _ _ _.~voo lS't'3 VOll/OlJ '2 -------- '! t'~.. .' .. I .. i..1\ ,..' '" ~ ; '^ ~ ~ ~ ,~ ~1!l11 l~fiEl i ;:1'1 : !l!I .g oC 111 i~~~" . i l!ig o~ ~ :i> ~~~~lll~ OJ i ;~~~i12 I i *~~II~ ~ ~ !Slt ~ I eli~j!;1ll Si!~~ ~ g=>w~ ~ ail~ill ~ZGlRv;~ a::loCl", 0: t;,"Z<>j!;e ;~~~!: ~ls~t:~ ~~~!I!l~ ~d"'~~ !l~e~!l!i i~fh! 15lj W is "'/!IW!lle hh~~ iji~s~fil~ ~::=~!~ oZ~iS'~<> <<S2Z% % A.....::tn ~ ~ ~ <> ~ .. -., . 2~~ :.z <> pe~e ~ '!:;' ... oS ... <> cS ; s '" :~ ~~ II! ----- l=z: 0:::0 Ww CL.0::: Ow g::x: u.,Cl OW CD >-0:: wu > VI O:::w ::> Cl VI If') to o I ,.....,. o ~ I to I~ w ~ :a ~ 2 :5 :i ~ % !i ~'I!! ~ . ! ~ ~ .. . .>< " :> 0- . ~ ~ ~ n~ '~J .! ji... ~ 1m ... , li 1 ~ - a ~Jh ~ I ili ~ i ..J 8~~ I N!I C2 iLl ... <> N ~ ....2 X_ 0- ...e 00 '" ....0 00 1&:'" ...'" o ~~ 0-'" o Z..J -... ci '" o o ... '" ... o >- ~ 1 ... o 1 ~. ~ I&:~ . 5 ::S5S... ii:: 0", 0 ~%~ ~ ...0>-, ei~..... ~ :em..... w ::3~ ~ ~~e ~ ...~I;; iii ~...~ ~ 00"", i= ....~~ -C ~ 3ri.,. ffi ~t;!:I f3 0::> I>< 882 ~ I i~ i ~ .3~~ ~ 3'~ 0 .l:;~ ..... ... i 6 _:0.: w 9~~ ~ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development I P&Z BuildIng EngIneerIng Occ. LIcense Deputy City Clerk PROJECT NAME: North General Building APPLICANT: Roy Dunworth - Dunworth Construction Inc. AGENT'S ADDRESS: 625 SW Salerno Road, Stuart, FL 34997 ---.... DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 2, 2007 TYPE OF RELIEF SOUGHT: Request site plan approval for a two-story, 3,990 square foot office building and related site improvements on a 14,177 square foot parcel. LOCATION OF PROPERTY: West side of Federal Highway; South of the C-16 canal 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 AppliC9f1t'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: Ol-OS-Of> S:\Planning\SHARED\WP\PROJECTS\North General Center 0 EXHIBIT "e" Conditions of Approval Project name: North General Center of Medicine File number: NWSP 07-001 Reference: , DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: NONE X PUBLIC WORKS - Forestry & Grounds Comments: 1. Show sight triangles on the Landscape plans (LDR, Chapter 7.5, Article n, X Section 5.H.) Reference FDOT Standard Index 546 for the sight triangles along Federal Highway. Please note that the ten (10) foot sight triangles shown on the plans are not applied correctly. 2. Plantings and structures (proposed rolling gate and art feature) are shown on X the Landscape plan that will likely fall within the clear zones of the sight triangles. The LDR, Chapter 7.5, Article II, Section 5.H states that there shall be unobstructed cross-visibility at a level between 2..5 feet and 8 feet above the pavement. Revise plan to provide adequate sight distance so that drivers leaving the site can identify pedestrians and traffic in a timely manner. PUBLIC WORKS-Traffic Comments: 3. Provide a traffic analysis and notice of concurrency (Traffic Performance X Standards Review) from Palm Beach County Traffic Elllnneerilll?:. 4. Relocate stop bar at the south driveway to back of the sidewalk. X ENGINEERING Comments: 5. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 6. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 7. Sidewalks adjacent to parking lots shall be continuous through all X COA 12/11/06 2 DEPARTMENTS INCLUDE REJECT driveways and shall be 6 in. thick within driveways (LDR, Chapter 23, Article II, Section P). 8. Specify storm sewer diameters, inlets types, etc. on drainage plan. X Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer segments. Indicate material specifications for storm sewer. 9. Full drainage plans, including drainage calculations, in accordance with X the LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. 10. The stormwater system in Federal Hwy does not belong to the City of X Boynton Beach as stated in the engineer's Drainage Statement. Provide written documentation that the FDOT will permit the on-site stormwater system to outfall into the Federal Hwy storm sewer system. 11. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 12. All utility easements and utility lines shall be shown on the site plan and X landscape plans (as well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that may interfere with utility services, either in utility easements or public rights-of-way. NOTE: The proposed sanitary sewer is shown directly under Live Oaks. The Live Oaks and other canopy trees will not be permitted within any utility easements. Adjust the landscape plan accordingly. 13. Palm Beach County Health Department permits will be required for the X water and sewer systems serving this project (CODE, Section 26-12). Please note that our utility atlas maps show that the closest sanitary gravity sewer is located on the west of the FECRR right-of-way. 14. Fire flow calculations will be required demonstrating the City Code X COA 12/11/06 3 DEPARTMENTS INCLUDE REJECT 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 N, Section 16, or the requirement imposed by insurance underwriters, whichever is ~eater (CODE, Section 26-l6(b)). 15. The LDR, Chapter 6, Article N, Section 16 requires that all points on X each building will be within 200 feet of an existing or proposed fire hydrant. Please demonstrate that the plan meets this condition, by showin~ all hydrants. 16. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application 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. 17. 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). 18. 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 obtainin~ the Certificate of Occupancy. 19. A building permit for this project shall not be issued until this X Department has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 20. Appropriate backflow preventer(s) will be required on the domestic X water service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. 21. Insufficient information has been provided to determine if the proposed X sanitary sewer extension is feasible. Provide complete plans including all off-site work required, with details and any applicable Health Dept. applications for review and approval at the time of permitting. It is the sole responsibility of the developer to provide infrastructure improvements reauired to support this proposed project. 22. Sanitary sewer shall not be placed within the FEC RR right-of-way X without the consent of the City of Bovnton Beach. 23. Utility construction details will not be reviewed for construction X COA 12/11/06 4 DEPARTMENTS acceptability at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: NONE POLICE Comments: NONE BUILDING DIVISION Comments: INCLUDE REJECT x x 24. Please note that changes or revisions to these plans may generate X additional 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. 25. 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. 26. At time of permit review, submit signed and sealed working drawings of X the proposed construction. 27. Identify within the site data the finish floor elevation (lowest floor X elevation) 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: a. 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." b. 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. c. Identify the floor elevation that the design professional has established for COA 12/11/06 5 DEPARTMENTS the building within the footprint of the building that IS shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). INCLUDE REJECT 28. CBBCPP 3.C.3.4 requires the conservation of potable water. City water X may not, therefore, be used for landscape irrigation where other sources are readily available. 29. 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. 30. 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) 3 1. 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. 32. Pursuant to approval by the City Commission and all other outside agencies, the X plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 33. The full address of the project shall be submitted with the construction X documents at the time 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. 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, Bovnton Beach (Michelle Bullard - 561-734-0872) PARKS AND RECREATION Comments: 34. Percentage of native species in landscape plan must exceed the City's X 50% requirement. COA 12/11/06 6 DEPARTMENTS INCLUDE REJECT 35. Need to provide an elevation section indicating the height of the planted X material to the heicl1t of the building. FORESTERlENVIRONMENT ALIST Comments: Existine: Tree Manae:ement Plan Sheet LP 36. The Landscape Architect should tabulate the total diameter inches of existing X trees (if applicable) on the site. The tabular data should show the individual species of trees proposed to be preserved in place, relocated or removed and replaced on site. The replacement trees should be shown by a separate symbol on the landscape plan sheet LP. [Environmental Regulations, Chapter 7.5, Article I Sec. 7.D.o. 2.1 Plant List Sheet LP 37. All shade trees must be listed in the description as a minimum of 12'-14' X height, 3" DBH (4.5' off the ground) not caliper. The height of the trees may be larger than 12' -14' to meet the 3" diameter requirement; or any clear trunk (c.t.) specifications. [Environmental Regulations, Chapter 7.5, Article IT Sec. 5.C. 2.1 38. The landscape design does not include the City signature trees X (Tibochina granulosa) at the ingress I egress areas to the site. These trees must meet the minimum size specifications for trees. [Environmental Regulations, Chapter 7.5, Article IT Sec. 5.C.3.N.l 39. All trees proposed under any existing overhead electric power lines must X meet the FP & L Right tree in the Right Place manual selection for small trees only. 40. The shade tree planting detail should include a line indicating where the X diameter, height and clear trunk of all of the shade trees will be measured at time of planting and inspection. 41. The palm tree planting detail should include a line indicating where the X grey wood and height of all of the palm trees will be measured at time of planting and inspection. 42. The landscape sheet should include a shrub and groundcover planting X detail. This detail should include a line indicating where the height and spread of the shrubs and groundcover plants will be measured at time of planting and inspection. 43. The applicant should show an elevation cross-section detail of the actual X heights of the proposed landscape trees and vegetation at the time of COA 12/11/06 7 DEPARTMENTS INCLUDE REJECT planting to (proper scale) visually buffer the proposed buildings and parkin$!; lot from the Federal Highway road right-of-wav. 44. The sod areas shown in the interior parking lot islands should be X changed to dwarf shrubs and In"ound cover plants. Irrie:ation Plan 45. Turf and landscape (bedding plants) areas should be designed on X separate zones and time duration for water conservation. 46. Trees should have separate irrigation bubblers to provide water directly X to the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.1 PLANNING AND ZONING Comments: 47. A traffic statement and/or if applicable, a traffic study must be submitted X with this application. 48. Provide typical dimensions and striping detail of standard and X handicapped parking spaces. Provide typical dimensions of terminal islands, landscaped islands, and wheel stops. 49. The art/water feature at the north end of the building should be properly X landscaped and lighted. 50. Plant taller palm trees (up to approximately one-half the height of the X building), as well as a greater number to adequately buffer the building. 51. In keeping with the Urban Design Guidelines, any windows facing the X R-O-W should be recessed a minimum of four (4) inches ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. Yunw ~ MWR/sc S:\Planning\SHAREDlWP\PROJECTS\North General Center of Medicine\COA.doc Exhibit --A" - North General Building Location Map -I 11TH ~--I I I l I J ~ R1~ I/) ~ Singletfamily Residential C-16 Canal --------._~-_.....------ -- I / LJ I' l I I 12TH I bJp'exJ~!Si~a, E! I 5: <c' 0:: 13TH ~ I Neighbo1rhood JIll ell . I ommercla I MARTIN LUTHER KING'JR . 04590 180 270 360 . Feet N ..+, ~~- s 6OL6-0~8 X8 ~ (8,1-188 (1%) 80H(' ~(~((ll '~JVJ\l NOIW.OO i . . . ii h ~'i iJi "~ I ~l Ir.mr 'I~ '4'''S wl8d 4'JON' ",,!ns "~"'H 1 SO Ol:~' 1:l311H:)liV . AVM~91~ ~'O ll3NNVld ".. .J ~lllON 8s f 'SllYO'N . 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'1,J 'IOV1\I N01NJ.OQ AVMIf.)I~ M/;j(J:I,j ~ll1ON 6OL6-ot8 "'d (8~1-'88 (19~) 80v((' H 'Q:nr'8 w(1ld 'flJoN' ~I >I!"S "^^'H I SO O~V' 1031IHOll't' - IBNNVld - 'S'lJYO'N - V1V .~& ~! jJ~ In! !\ q! 9 iu eGO , , I , . ~ I I , , I I , Ii 01 II " ~ " II m .- m I ~ II I! ..a " II " -- ~i3QJlI>'_ " II II , , II , . " /I II " ~I .' I I I DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Oce. L1c.n.. Deputy City CI." PROJECT NAME: The Chow Hut APPliCANTS AGENT: Mr. Anthony Mauro, 558 Gateway Boulevard, LLC APPliCANTS ADDRESS: 558 Gateway Blvd, Boynton Beach, FL 33435 DATE OF HEARING RATIACATION BEFORE CITY COMMISSION: January 2,2007 TYPE OF REliEF SOUGHT: Request a site plan time extension until November 1, 2007, for a building addition to a proposed restaurant on a 0.18 acre parcel in the C-2 zoning district. LOCATION OF PROPERTY: 558 Gateway Boulevard (south side of Gateway Boulevard, 2 lots west of North Federal Highway). DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came 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 re'lief 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: Ol-/)!;"- 07 S:\Planning\SHARED\WP\PROJECTS\Chow Hut\SPTE 06-014\DO,doc EXHIBIT "C" Conditions of Approval Project name: The Chow Hut File number: SPTE 06-014 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 FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. 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\Chow Hut\SPTE\COA.doc \ ! II! C/J~ .., -\ :: . ~ .~trl' '"ell I ~i z' I . I ~ila ~ul I i ill' ! I I " , I (II I' l> , nt I ~ -{ I 01 I ~ ~ I ;;i ~ I ~ I I ii I i~ i U' ~~ I I I I I I I ~uu ;1' I ~ III! U J! I \ -. ., ..~.. LJ - fie v 1'::>'fU bf II:: fJf_f\\ N ."N'M. II ..,.. "'.4 :I ~ ~ IJ l> r r m ~ '.~ JO'''''. MTa.IoCX '.. I h , '" ~ (' 'II~ ift u !~I 51 '~ 5,2'.'" H H.DIJ'~.. lOC).'" U!l1 Jill ~I~il J Jlil 111111111 jl!!!1 ~.12 h'll I ~ lilt III It.. i~ 2 ;~nl '11/ I ~il~ I ;!IU~ I i il' I 11I1 ! h I! ~ ~ i I el i 11'1 II~I Ill' ell III 1 11= ~ ! hi rli! I .-.ll"i1 Il , ~ 1111 .. i ~ t~ Il I u 1111 1:.111 I ; ! Il ~ i !r r~ it I ~ 5~ ill II \I ~ 115 ~I ~I I ~ ~ jillil . I i I n!! I Q I P i ~ .. = CHOW HUT ' rGI-1 . ~~ ~ II P ... IADDW2~ovAnoNs li~ = SS8GA AY80lUVARD BOYNTON BEACH. R. '