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Minutes 12-18-07 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 18, 2007 AT 6:30 P.M. Present: Jerry Taylor, Mayor Jose Rodriguez, Vice Mayor Ron Weiland, Commissioner Woodrow L. Hay, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager Jamila Alexander, Assistant, City Attorney Janet Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Randall Gill, First Presbyterian Church C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Taylor called the meeting to order at 6:30 p.m. Rev. Randall Gill from the First Presbyterian Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Ron Weiland. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor noted Item VI.BA should be pulled from the agenda. Items VIlLA and VIII.G were requested to be postponed until January 2, 2008. Also, the applicant had requested that Item VIII.F. be heard first due to a family emergency. Vice Mayor Rodriguez requested that the Arts Commission Dumpster Mural Project be added under XIII. Unfinished Business. 2. Adoption Motion Commissioner Hay moved to approve the agenda as amended. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission 1 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Commissioner Ross suggested a discussion regarding the Commission's position on the recent decision of the Palm Beach County School District to close Galaxy Elementary School be considered. It was added under XI. New Business. Mayor Taylor advised the Florida League of Cities was opposing the proposed tax revenue amendment and the Palm Beach County chapter would be seeking support from all municipalities in opposing the referendum. Mr. Bressner had compiled revenue loss figures and was prepared to address the issue at the January 2, 2008 meeting. Commissioner Ross had attended the special presentation for the new building and home of the Children's Services Council and four other non-profit organizations. She was impressed with the facility and honored to be invited along with Mayor Taylor. Mayor Taylor noted the Shop With a Cop program, initiated by the Boynton Beach Police Department, had been a huge success and complimented the Department for their fantastic job with the children. Wa/mart, Chick-fi/-a and Go/den Carra/had participated in the event. III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Proclamations None 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> Dewayne Folsom, 224 SE 6th Avenue, explained he owned a warehouse complex with offices and had encountered serious problems with vandalism and break-ins since the City had built basketball courts on the other side of the FEC railroad tracks. Mr. Folsom requested assistance with the problem of rocks being thrown denting vehicles and signs, plus broken windows. An electrical contractor in the area was forced to install wire cages on all his windows since the basketball courts had been installed. Mayor Taylor suggested Mr. Folsom discuss the issues with members of the Police Department and Recreation and Parks Department, who were present to, address the issue and curtail the damage. 2 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Craig Goldstein, 9701 W. Atlantic Boulevard, owner of Westgate Towing, presented a suggestion to the Commission to consider franchise fess and towing contracts as a source of revenue for the City of Boynton Beach. Currently a rotation system of utilizing local towing contractors was being used. Mr. Goldstein advised the towing franchise revenue could be significant and offer a service to the citizens. Mayor Taylor thanked Mr. Goldstein for his presentation for the benefit of the entire Commission. He noted if this type of arrangement was made, it could possibly drive the local towing companies out of business. David Katz, 67 Midwood Lane, recalled the current rotation towing arrangement had been started in 1993. He urged the Commission to continue with the current arrangement and not allow greed to put local people out of business. Victor Norfus, 261 N. Palmland Drive, requested improvement in the implementation of improved lighting by Florida Power and Light along 15th and 16th Avenues. Sunny Garcia, 1631 NW 3rd Lane, inquired if the Commission would address the issue of prohibiting pants being worn below the waistline. Mr. Garcia also suggested the law regarding illumination of license plates should be uniformly enforced. Herb Suss, 1711 Woodfern Drive, commended the sanitation workers as unsung heros and acknowledged all departments as the backbone of the City. He felt all citizens should express their appreciation to the City workers. Mr. Suss wished everyone Happy Holidays. Patti Hammer, 52 Stratford Lane, complimented the Recreation and Parks Department and the Community Redevelopment Agency on the extraordinary holiday parade and concert. A resident of 7928 Piper Lane, thanked those who attended the meeting regarding the closing of Galaxy Elementary School. He also commended the Police Department for the professionalism exhibited during a recent domestic violence incident. He suggested more funding be allowed for the victim's advocate department to hire additional staff. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Appointments Appointment To Be Made Board Length of Term Expiration Date Mayor Taylor II Hay Arts Commission Arts Commission Alt Alt 1 yr term to 12/08 Tabled (2) 1 yr term to 12/08 Tabled (2) All appointments to the Arts Commission were tabled. III IV I Rodriguez Ross Weiland Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Reg Reg Alt 3 yr term to 12/10 Tabled (2) 3 yr term to 12/10 Tabled (2) 1 yr term to 12/08 Tabled (3) 3 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 II Hay Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2) All appointments to the Building Board of Adjustment and Appeals were tabled. Mayor Taylor Motion 1 yr term to 12/08 Tabled (2) Cemetery Board Alt Mayor Taylor nominated Kathleen Norem-Hohner as an alternate member of the Cemetery Board. Commissioner Weiland moved to approve the nomination. Commissioner Hay seconded the motion. The motion passed unanimously. Weiland Motion Code Compliance Board 3 yr term to 12/10 Tabled (2) Reg Commissioner Weiland moved to appoint Mark Karageorge as a regular member of the Code Compliance Board. Commissioner Ross seconded the motion. The motion passed unanimously. II IV Mayor Hay Ross Taylor Code Compliance Board Code Compliance Board Code Compliance Board 3 yr term to 12/10 Tabled (2) 1 yr term to 12/08 1 yr term to 12/08 Reg Alt Alt All other appointments to the Code Compliance Board were tabled. II Hay The appointment to the Community Relations Board was tabled. II Mayor I II Hay Taylor Weiland Hay Community Relations Board Alt 3 yr term to 12/10 Tabled (2) Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board Education & Youth Advisory Board 2 yr term to 12/09 Tabled (2) 1 yr term to 12/08 1 yr term to 12/08 1 yr term to 12/08 Reg Alt Alt Stu N/V All appointments to the Education & Youth Advisory Board were tabled. IV Ross Mayor Taylor Library Board Library Board Alt Alt 1 yr term to 12/08 Tabled (2) 1 yr term to 12/08 Tabled (2) All appointments to the Library were tabled. II Hay Motion Recreation & Parks Board Alt 1 yr term to 12/08 Tabled (2) Commissioner Hay nominated Frank Lindsay as an alternate member of the Recreation and Parks Board. Commissioner Weiland seconded the nomination. The nomination passed unanimously. Weiland Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (2) Weiland The appointment to the Senior Advisory Board was tabled. Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) 4 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Motion Commissioner Weiland moved to appoint Karl Washington as an alternate member of the Veterans Advisory Commission. Commissioner Hay seconded the motion. The motion passed unanimously. II Hay Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) Commissioner Hay tabled the appointment. 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. Regular City Commission - December 3, 2007 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Award the "TWO YEAR CONTRACT FOR THE PURCHASE OF UNIFORMS", Bid #015-1412-08/0D on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications to Special Products Group of Boynton Beach, FL in the estimated amount of $150,000. 2. Approve the purchase of the WaterWise Conservation Program from Resource Action Programs as part of the City of Boynton Beach's commitment to conservation required as a condition of the water Consumptive Use permit, in the amount of $32,250 from the Conservation Fund. Commissioner Hay pulled Item VI.B.2. for discussion. 3. Award the Re-Bid "THREE YEAR BID FOR AUDIT AND TESTING OF BOYNTON BEACH FIRE HYDRANTS" to Metro Hydrant & Valve Services, Inc. located in West Palm Beach, FL with an estimated expenditure of $50,000. 4. Split-award "CO-OP ROAD CONSTRUCTION MATERIALS", Bid #1411-08/JA to COMMUNTIY ASPHALT CORP., of West Palm Beach, FL and to AUSTIN TUPLER TRUCKING, INC., of West Palm Beach, FL with a total expenditure of $133,092.50. 5 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 5. Approve a contract with Urban Building Systems, Inc. of Palm City, FL for Bid #071-2412-07/JA "FIRE RESCUE STATION NO. 5 AND EMERGENCY OPERATIONS CENTER", in an amount not to exceed $9,993,500 without further City Commission approval. (Proposed Resolution No. R07-145) Vice Mayor Rodriguez pulled Item VI.B.5. for discussion. C. Resolutions 1. Proposed Resolution No. R07-146 RE: Approving and authorizing execution of Task Order No. U07-17-3 with SFRN, Inc. for the preparation of a Stormwater Operation and Maintenance Manual in the amount of $38,322 from the Utilities CIP budget. 2. Proposed Resolution No. R07-147 RE: Approving and authorizing execution of an agreement with The Professional Medical Career Center to serve as a field training site for their Paramedic and Emergency Medical Technician (EMT) programs. 3. Proposed Resolution No. R07-148 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Happy Birthday, LLC, for the property at 1162 Highview Rd., Lantana, FL (Ridge Grove Add No 1 Lots 176). Commissioner Hay pulled Item VI.C.3. for discussion. 4. Proposed Resolution No. R07-149 RE: Approving and authorizing execution of Amendment No. 1 to Task Order U07-10-05, Kimley-Horn and Associates, Inc. in the amount of $60,133.12 providing for the completion of construction documents, permitting, bidding and construction phase services. Vice Mayor Rodriguez pulled Item VI.CA. for discussion. 5. Proposed Resolution No. R07-1S0 RE: Approving and adopting a Travel Policy for the Boynton Beach City Commission similar to a recently adopted policy for the CRA Board. Commissioner Hay pulled Item VI.C.5. for discussion. D. Approve the "PENINSULA, a IPUD" Record Plat, conditioned on the approval being the certification of the plat documents by H. David Kelley, Jr. (City Engineer and Survey and Mapper). E. Authorize the reallocation of $1,300 for the Boynton Isles Neighborhood Association from Vice Mayor Rodriguez's Community Investment Funds. Commissioner Hay pulled Item VI.E. for discussion. 6 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 F. Approve renaming of Wilson Pool in honor of Mr. John Denson, original lifeguard and swim instructor at Wilson Pool. Mayor Taylor pulled Item VI.F. for discussion. G. Authorize the City Administration to proceed with taking all actions necessary to prepare for the implementation of the fire services special assessment for fiscal year 2008-09 and beyond in the event the City Commission ultimately determines to levy such assessment during the budget review and adoption process for the next fiscal year. Vice Mayor Rodriguez pulled Item VI.G. for discussion. Motion Commissioner Hay moved to approve all items not pulled for discussion. Commissioner Ross seconded the motion. The motion passed unanimously. VI.B.2. Approve the purchase of the WaterWise Conservation Program from Resource Action Programs as part of the City of Boynton Beach's commitment to conservation required as a condition of the water Consumptive Use permit, in the amount of $32,250 from the Conservation Fund. Commissioner Hay suggested the program be offered to other citizens in light of the current water shortages. Vice Mayor Rodriguez contended it would not be cost effective to expand the program. The benefit and cost for a broader offering of the programs would be investigated. Motion Commissioner Hay moved to approve Item VI.B.2. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.B.S. Approve a contract with Urban Building Systems, Inc. of Palm City, FL for Bid #071- 2412-07/JA "FIRE RESCUE STATION NO. 5 AND EMERGENCY OPERATIONS CENTER", in an amount not to exceed $9,993,500 without further City Commission approval. (Proposed Resolution No. R07-145) Vice Mayor Rodriguez noted the contract cost was $6M less than the budgeted figured. Mr. Bressner explained the monies could be used on other capital improvement projects or retained in the reserve fund account. Jeff Livergood, Director of Public Works and Engineering, concurred the funds would be available for other capital projects and an update on the Capital Improvements Projects budget would be presented in late April, 2008. Mr. Bressner mentioned it was anticipated the construction would be completed for the 2009 hurricane season. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-145. Commissioner Weiland seconded the motion. The motion passed unanimously. 7 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 VI.C.3. Proposed Resolution No. R07-148 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Happy Birthday, LLC, for the property at 1162 Highview Rd., Lantana, FL (Ridge Grove Add No 1 Lots 176). Commissioner Hay questioned the requirement to provide water in the service area. Mr. Bressner responded the water service area had been outlined in the agreement with the South Florida Water Management District. There is a 25% surcharge on the water rates outside the Boynton Beach City limits. The parties also agree to annexation if the property becomes contiguous to the City limits and annexation is sought. Motion Commissioner Hay moved to approve Proposed Resolution No.R07-148. Commissioner Weiland seconded the motion. The motion passed unanimously. VLCA. Proposed Resolution No. R07-149 RE: Approving and authorizing execution of Amendment No. 1 to Task Order U07-10-0S, Kimley- Horn and Associates, Inc. in the amount of $60,133.12 providing for the completion of construction documents, permitting, bidding and construction phase services. Vice Mayor Rodriguez questioned why the expense would not be borne by the developer/owner. Mr. Bressner replied the utility lines were pre-existing and would continue to be maintained by the City. Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-149. Commissioner Hay seconded the motion. The motion passed unanimously. VI.C.S. Proposed Resolution No. R07-150 RE: Approving and adopting a Travel Policy for the Boynton Beach City Commission similar to a recently adopted policy for the CRA Board. Commissioner Hay inquired if emergency travel could be accommodated within the parameters of the proposed Resolution. The current procedure v..~s outlined for items to ~ppe~r on the agend~ for Commission ~pprov~1. There was agreement the City Manager could approve the expense and bring the item before the Commission after the fact. It was decided the City Manager and Finance Director signature would not be required on the request form. The City Manager would only sign the agenda cover sheet. Motion Commissioner Hay moved to approve Proposed Resolution No. R07-1S0 with modification. Commissioner Ross seconded the motion. The motion passed unanimously. VI.E. Authorize the reallocation of $1,300 for the Boynton Isles Neighborhood Association from Vice Mayor Rodriguez's Community Investment Funds. 8 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Commissioner Hay requested a copy of the written guidelines for donations and Mr. Bressner agreed to provide both new Commissioners with the final version of the terms. Motion Commissioner Hay moved to approve Item VI.E. Commissioner Ross seconded the motion. The motion passed unanimously. VI.F. Approve renaming of Wilson Pool in honor of Mr. John Denson, original lifeguard and swim instructor at Wilson Pool. Wally Majors, Director of Recreation and Parks, presented a tribute to John Denson for his many years of dedication and service at the Wilson Pool. Mack McCray, former Commissioner, recalled his interaction with Mr. Denson as one his first students and agreed the recognition was long overdue. A plaque was presented to Mr. Denson and Mr. Majors invited everyone to attend the grand opening of the John Denson Pool and Sims Center at Wilson Park. Olivia Denson thanked the City and the past and present Commission, on behalf of her husband, for the recognition and honor. She indicated her husband was overly rejoicing with the tribute in his name. Motion Vice Mayor Rodriguez moved to approve Item VI.F. Commissioner Weiland seconded the motion. The motion passed unanimously. VI.G. Authorize the City Administration to proceed with taking all actions necessary to prepare for the implementation of the fire services special assessment for fiscal year 2008-09 and beyond in the event the City Commission ultimately determines to levy such assessment during the budget review and adoption process for the next fiscal year. Vice Mayor Rodriguez confirmed budget year 2007-2008 was the last year of the current assessment. Mr. Bressner concurred and explained in light of the uncertainty of future revenues, reauthorization notification had to be started if the assessment would be necessary in the 2008-2009 budget. Motion Commissioner Ross moved to approve Item VI.G. Commissioner Weiland seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SElTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS 9 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. (NOTE: Item VIILF. was taken out of order and discussed first.) A. Project: Agent: Owner: Location: Description: Cortina at Boynton Village (SPTE 07-010) Kim Glas-Castro, Ruden McCloskey South Florida Devco, Inc. Northeast corner of Old Boynton Road and Congress Avenue, just south of the SFWMD C-16 canal Request for a second one (1) year site plan time extension of a site plan (NSWP 05-001) originally approved on September 20, 2005 for 458 townhome units in the Boynton Village and Town Center Development. This second request would extend approval from September 20, 2007 to September 20, 2008. (Tabled to December 18, 2007) (Request to postpone to January 2, 2008) (Item VIILA. postponed to January 2, 2008 by previous motion.) B. Project: Agent: Owner: Location: Description: The Arches (SPTE 07-012) William Bloom, Holland & Knight Boynton Ventures I, LLC Southwest corner of Ocean Avenue and Federal Highway Request for a second one (1) year site plan time extension of a site plan (MSPM 05-008) and height exception (HTEX 05-006) approved on September 6, 2005, from September 6, 2007 to September 6, 2008, for a Mixed-Use project consisting of 40,596 square feet of retail space and 378 condominium units on 4.688 acres zoned Mixed Use High. (Tabled to December 18, 2007) Ms. Alexander, Assistant City Attorney, administered an oath to all those intending to testify. Motion Commissioner Hay moved to remove Item VIII.B. from the table. Commissioner Ross seconded the motion. The motion passed unanimously. Gabriel Wuebben, Planner, reviewed the request for site plan extension based on changing market conditions, requiring a redesign to align with market trends. Another modification was removal of a two story retail project and changes to the condo units. Staff recommended approval of the site plan time extension and height exception. Bonnie Miskel, agent for the owner, explained the request had been tabled at the last meeting due to issues relating to the sidewalk that would be rectified in the next three days. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. 10 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Commissioner Weiland questioned if the modification would warrant application of the art fee. Mr. Wuebben advised if the changes were major modifications the art fee would apply. Motion Vice Mayor Rodriguez moved to approve Item VIII.B. Commissioner Ross seconded the motion. The motion passed unanimously. c. Project: Agent: Owners: Location: Descri ption: D. Project: Agent: Owners: Location: Descri ption: Ticket Clinic (ANEX 07-001) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Jer Enterprises, LLC 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard) Request to annex the subject property (0.37 acres) (1st reading Proposed Ordinance No. 07-038) Ticket Clinic (LUAR 07-005) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Jer Enterprises, LLC 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard) Request to amend the Comprehensive Plan Future Land Use Map from CHIS Commercial High with underlying Medium Density Residential of 5 du/ac (Palm Beach County) to Local Retail Commercial LRC. (1st reading Proposed Ordinance No. 07- 039) Request to rezone from CG General Commercial (Palm Beach County) to C-3 Community Commercial. (1st reading Proposed Ordinance No. 07-040) Proposed Use: Professional office E. Project: Agent: Owners: Location: Descri ption: Ticket Clinic (NWSP 07-006) Bradley Miller, AICP, Miller Land Planning Consultants, Inc. Jer Enterprises, LLC 3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard) Request for new site plan approval for the redevelopment of a 2,400 square foot commercial structure and related site improvements on 0.37 acres to be rezoned C-3, Community Commercial. (Request to table to January 2, 2008) There was agreement with the agent to consolidate Items VIII. c., VIII.D. and VIII.E. for hearing at this time. Mr. Wuebben reviewed all the requests. He noted the annexation was consistent with the annexation program and relevant Comprehensive Plan, plus it was consistent with the current designation. There would be no impact on the infrastructure and it would return blight to Code 11 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 compliance and be an economic benefit to the City. All concurrency issues were met and water conservation had been incorporated. Staff recommended approval of all requests with agreement on all conditions of approval. Mr. Bressner questioned the signage issue. Mr. Wuebben indicated there were continuing negotiations regarding the sign. Commissioner Weiland established the annexation was into the City rather than the CRA area. Bradley Miller of Miller Land Planning Consultants, Inc., agent for the applicant, explained the previous owner had received a permit from Palm Beach County for the current signage. There were plans to lower the sign and move it back from the roadway. There was also signage on the building itself. Mr. Wuebben added both signs were within the Code regulations. Mayor Taylor noted even though the signs met Code, the Commission could not allow annexation unless the signs were more consistent with the surrounding area. Vice Mayor Rodriguez felt only one sign would be sufficient. There was discussion on the impact of tabling all requests until the sign issues could be amicably resolved. Mr. Miller emphasized the owners were anxious to move forward with the project. Motion Vice Mayor Rodriguez moved to table Items VIII.C., VIII.D. and VIII.E. until January 2, 2008 and allow the applicant to reconsider the signage. Commissioner Ross seconded the motion. The motion passed unanimously. F. Project: Agent: Owners: Location: Description: High Ridge PUD (MSPM 07-010) Tim Hernandez, New Urban High Ridge, LLC New Urban High Ridge, LLC Northwest corner of High Ridge Road and Miner Road Request for a major site plan modification to change the type of housing unit approved from 48 single-family detached units and 126 fee-simple townhouse units to 110 single-family detached units (a net reduction of 64 units), and to change other site- related improvements on 18.44 acres zoned PUD. Ms. Alexander explained the procedure and administered an oath to all those intending to testify . Mayor Taylor disclosed he had received a phone call from the applicant reviewing this request. Kathleen Zeitler, Planner, reviewed the request and located the project on 18 acres, zoned PUD. The project had previously included townhouses with single family homes. The new proposal was for 64 less units and only single family homes. The modification did meet the requirement of the Code for new urbanism development. The applicant agreed with all the Conditions of Approval with the exception of the required wall along the north property line and the publiC art fee. Staff recommended approval with a vinyl privacy fence instead of the wall and inclusion of the public art fee. Kevin Ricker, New Urban Development, agent for the applicant, advised there was agreement with all the Conditions of Approval for change of the site plan with the vinyl privacy fence. He 12 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 requested relief from the art fee due to the reduction in the number of units and the impact on the economics of the project. Mayor Taylor opened the issue for public hearing. Brian Edwards, 629 NE 9th Avenue, asserted the public art program had finally moved forward and was not a burden, but a beautification of the City. He also felt the vinyl fence would be a mistake. Herb Suss, Woodfern Drive, agreed with Mr. Edwards that the beautification of the City with art was important. The vinyl fencing would not be appropriate in a hurricane. Rev. Lance Chaney, requested a traffic light be installed at the intersection of Miner Road and High Ridge Road to accommodate the increase in traffic. Mr. Bressner added the modification was substantial enough to warrant the addition of the art fee provision. He also noted the Planning and Development Board had recommended the fee be waived; however, staff was not recommending it be waived. On the issue of the vinyl fence, Ms. Zeitler explained it would be a six foot vinyl fence and preferable given the limited room in the buffer. It would have to be maintained if damaged by a hurricane. Mayor Taylor was opposed to omitting the art fee. Commissioners Ross and Hay concurred. The traffic light issue was addressed by Mr. Livergood, who advised there were a number of criteria that had to be met to warrant installation of a traffic signal, including approval by the County. The anticipated increase in traffic would not provide the necessary warrants to justify a traffic signal. Motion Commissioner Hay moved to approve Item VIII.F. and apply the art fee. Commissioner Ross seconded the motion. The motion passed unanimously. G. Project: Agent: Owners: Location: Description: Boynton Mausoleum (MSPM 07-008) Jason Mankoff, Weiner & Aronson, P.A. City of Boynton Beach 1611 South Seacrest Boulevard Request for a major site plan modification for the addition of an approximately 3,162 square foot mausoleum building, on a 0.93 acre parcel zoned PU Public Usage. (Request to postpone until January 2, 2008) (This item was previously tabled to January 2, 2008) H. Project: Agent: Owners: Meadows Townhomes (NWSP 07-005) Steven L. Cohen, Steven L. Cohen & Associates, P.A. NICO Development, Inc. 13 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Descri ption: 100 Meadow Circle; north of Meadows Boulevard, approximately 2,500 feet west of Congress Avenue Request for new site plan approval for 34 townhouse units and related site improvements on 7.966 acres zoned PUD. Location: Ed Breese, Principal Planner, explained the new owners of the property were unable to obtain the permits and the approvals had lapsed. The new plans encompassed seven buildings around a lake with four to six units in each building. The buildings are two stories and include sufficient buffering around the area. Staff recommended approval with all the Conditions of Approval. Steven Cohen, agent for owners and architect for the project, indicated the owners were ready to proceed as soon as possible. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Item VIII. H. Commissioner Hay seconded the motion. The motion passed unanimously. I. Project: Ocean Drive Hotel (ZNCV 08-001) Agent: Bonnie Miskel, Lauren Lending Owners: Boynton Holdings, LLC Location: North side of Ocean Drive, approximately 500 feet east of Congress Avenue Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, establishing a maximum height of 45 feet in the C-3 Community Commercial zoning district, to allow a variance of 19 feet, and a building height of 64 feet. Proposed Use: Hotel Ms. Alexander administered an oath to all those intending to testify. Mayor Taylor, Vice Mayor Rodriguez, Commissioners Weiland and Ross advised they had met with both the applicant and their legal counsel. Mr. Breese outlined the request for a variance to accommodate an increase in height of the building. He also located the property and the surrounding properties. Due to the expense of drawing up plans, the applicant was seeking approval of the variance before a site plan would be submitted. The variance could not be granted unless special conditions exist that are peculiar to the land that are not applicable to other properties in the same zoning district. The applicant's justification was lack of visibility, being located behind a shopping center. The height increase would allow construction of one additional floor. The applicant was pursuing easement agreements for signage. Staff agreed the site was unique in that it did not front on any major thoroughfare. However, staff recommended the request be denied and the project be redesigned to comply with the height requirements with the exception for a higher element for signage that would screen roof equipment. 14 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Bonnie Miskel, agent for the owners, emphasized the location and lack of visibility did make the project unique, together with lack of adequate access from a major roadway. The only legal access is off of Ocean Drive which is primarily for residential traffic. Meetings had been held with the adjoined development, Leisureville, and the majority of the residents felt the hotel was more compatible than other approved uses. The developers agreed to install an eight foot wall along the property line and extend the wall to Boynton Beach Boulevard. They also agreed to install full vegetation in advance, on construction, to minimize debris. The air conditioning units would be mounted on the roof to further mitigate any noise issues. To cover any impacts during construction $25,000 would be contributed to the neighboring association and upon completion, a meeting room would be available for the association's annual meeting at no cost to the association. Ms. Miskel advised the owners were negotiating with other land owners to obtain access from Boynton Beach Boulevard, if possible. If the request were denied, it would deprive the developer of the same right of other C-3 establishments. Elimination of the third floor would reduce the number of rooms and necessitate the use of more land space, ultimately resulting in a request for a variance on the number of parking spaces. She contended the owners had demonstrated a special and peculiar exception and it was a minimum variance while still being in harmony with the intent of the Code. Mayor Taylor opened the issue for public hearing. Allen Markovich, 1125 SW 25th Avenue, had originally listed the property and felt the intended use would benefit the community and the buyer could make a profit also. It would increase the tax base and be consistent with the height established in the Reniassance Commons project. Herb Suss, 1711 Woodfern Drive, stressed the approved uses could include other undesirable things. He also asserted the increased growth throughout the area warranted a hotel. Brian Edwards, 629 NE 6th Avenue, supported the project as it was a minimal exception to the Code. Commissioner Weiland divulged he had received a letter from Dennis Rogers, a board member of Leisureville that could not be present at the meeting, who advised many of the residents of Leisureville were not in favor of the project. Commissioner Hay noted no residents of Leisureville had appeared to object. Commissioner Weiland sought a commitment on the type of buffering to be used and Ms. Miskel assured the Commission they would work with staff on the best methodology for an extended buffer and mature landscaping along the property line. Motion Vice Mayor Rodriguez moved to approve Item VII!.!. Commissioner Hay seconded the motion. The motion passed unanimously. 15 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 J. Approve the rescinding of Ordinance No. 06-064, which rezoned the Sunshine Square Shopping Center to Mixed Use-Low 3, to revert the zoning to C-3, Community Commercial and allow for improvements and expansion of the existing development. (1st reading Proposed Ordinance No. 07-041) Ms. Alexander read Proposed Ordinance No. 07-041 by title only. Mike Rumpf, Director of Planning and Zoning, related in 2006 the Commission had approved Ordinance No. 06-064 and a new site plan for the 14 acres known as Sunshine Square Shopping Center. Based on different economic and market conditions, the property was sold and the desired improvements are not allowed under the current zoning structure. Staff supported the request for improvement and expansion of the existing development under the proposed change in zoning. Michael Weiner, Counsel for the applicant, pointed out repairs and improvements were already underway. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-041. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. Mayor Taylor commented the new landscaping looked great. K. Approve amending Part III of the Code of Ordinances, the Land Development Regulations, Comprehensive Plan, as amended; updating the "CAPITAL IMPROVEMENTS ELEMENT" and the Five-Year Capital Improvements Schedule. (1st reading Proposed Ordinance No. 07-042) Ms. Alexander read Proposed Ordinance No. 07-042 by title only. Hanna Matras, Economic Research Analyst, announced the recommended changes were made to indicate the plan is feasible. The first part was a rewrite of the objective and the changes made the Code more readable and clear, and met the requirements of the State. Staff recommended approval. Motion Commissioner Ross moved to approve Proposed Ordinance No. 07-042. Vice Mayor Rodriguez seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 16 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Mr. Bressner commended Ms. Matras on her report. IX. CITY MANAGER'S REPORT: A. American Assembly Implementation Status Report Devon Coughlin, reported on behalf of the implementation team, that a retreat had been held in October of 2006 and 70 citizens had met to establish a common vision for the City of Boynton Beach. Five subcommittees were established to assist with implementation of the vision. Mr. Coughlin requested the Commission accept the proposal for reports of each subcommittee as they were individually presented. Mayor Taylor complimented all those citizens who had volunteered and worked on the subcommittees. Motion Commissioner Ross moved to accept the proposal. Commissioner Hay seconded the motion. The motion passed 4-0. (Commissioner Weiland had left the dais.) B. Agreement for Provision of Supplemental Police Services between the CRA and City of Boynton Beach (Proposed Resolution No. R07-J5J) (Commissioner Weiland returned to the dais.) Ms. Alexander read Proposed Resolution No. R07-1S1 by title only. Motion Commissioner Hay moved to approve Proposed Resolution No. R07-1S1. Commissioner Ross seconded the motion. The motion passed unanimously. C. Review and approve 2008 State appropriation submittals Mr. Bressner explained the requests were for state funding for a training facility and command center. The training facility, located at the old waste water treatment plant site, could be utilized by not only the City of Boynton Beach, but also surrounding municipalities. The mobile command center would be used for disaster emergency and increase homeland security activities. Carisse LeJeune, Assistant to the City Manager, added the request was for $1.2M and the in- kind contribution would be $2.8M being the value of the land. Motion Vice Mayor Rodriguez moved to approve Item IX.C. Commissioner Weiland seconded the motion. The motion passed unanimously. 17 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 X. FUTURE AGENDA ITEMS: A. Discussion of disposition of Old High School - January, 2008 B. Discussion on timing of elections - January, 2008 C. Discussion of funding electronic agenda software D. Discussion on cancelling second meeting in November XI. NEW BUSINESS: A. Discuss request by developer for annexation of balance of Gulfstream Gardens parcel into the CRA. (Postponed to December J8, 2007)(Proposed Resolution No. R07-J52) Motion Commissioner Ross moved to remove Item XI.A. from the table. Commissioner Hay seconded the motion. The motion passed unanimously. Ms. Alexander read Proposed Resolution No. R07-1S2 by title only. Mr. Bressner explained the property was proposed for development through the CRA and the underlying zoning was approved as Special High Density. Subsequently it was determined the property was not annexed into the CRA area. Mr. Bressner was concerned with the resulting revenue stream and had referred the matter to the Legal Department. An agreement was reached to allow the high density land use without the property being annexed into the CRA area. The developer would have the same privileges as if it were within the CRA area and not request annexation into the CRA district. Michael Weiner, representing Gulfstream Gardens, indicated the owners had spent millions and pulled permits believing the high density was allowed. The agreement would uphold the high density zoning designation whether the property is subsequently annexed into the CRA district or not. Discussion ensued on the tax increment ramifications and possible revenue stream distribution. Mayor Taylor stressed the proposed resolution only addressed acceptance of the settlement agreement and did not resolve the issue of annexation. Herb Suss, 1711 Woodfern Drive, suggested the matter be tabled until the City Attorney, Jim Cherof, who had negotiated the settlement agreement, was present to better explain the consequences of the proposal. Vice Mayor Rodriguez and Commissioner Weiland advised they had individually discussed the issue with the City Attorney and were assured the agreement was appropriate. 18 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Motion Vice Mayor Rodriguez moved to approve Proposed Resolution No. R07-1S2. Commissioner Weiland seconded the motion. The motion passed unanimously. B. Discussion of the importance of environmental stewardship and the establishment of a Green City Task Force to make recommendations to the City Commission regarding environmental sustainability. Commissioner Ross urged the City Manager to continue to work with staff to implement an environmental task force. Mayor Taylor agreed with the suggestion and requested staff submit a proposal. Mr. Bressner suggested the proposal be returned to the Commission in February, 2008. Bob Brown, 711 S. Seacrest, suggested a chipper be purchased to assist with hurricane cleanup and subsequent ethanol production be considered. Commissioner Ross thanked Mr. Brown for his environmental concern. C. Discussion of possible funding for the Annual Advisory Board Recognition dinner. Herb Suss, 1711 Woodfern Drive, has served on many of the advisory boards and felt the recognition dinner was not necessary, especially since some jobs had been eliminated during the last budget approval process. Motion Commissioner Weiland moved to approve funding for the board recognition dinner. Commissioner Ross seconded the motion. Mayor Taylor questioned if funding was for current board members only. In the past, he noted former Commissioners and Mayors could buy tickets. Commissioners Hay and Ross agreed the volunteers worked hard and needed to be shown they were appreciated. It would honor the members and might encourage others to participate. Vote The motion passed unanimously. C. Discussion on Palm Beach County School District's decision to close Galaxy Elementary School. (This item was added to the agenda.) Commissioner Ross requested the Commission authorize a letter be sent to the Palm Beach County School Board asking that they follow Robert's Rules and reconsider the decision to close Galaxy Elementary School so the voice of the people could be heard. 19 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Rev. Lance Chaney, St. John Missionary Baptist Church, expressed his belief that the residents of the area were very much opposed to the closing and felt their concerns should be heard. Motion Vice Mayor Rodriguez moved to authorize contact with the School Board to reconsider the decision. Commissioner Weiland seconded the motion. The motion passed unanimously. (Commissioner Weiland was excused from the meeting.) Bob Brown, 711 S. Seacrest, clarified the intent was to request another school board member be present to reconsider the motion. Vice Mayor Rodriguez requested the issue of the dumpster art mural project be considered. Motion Vice Mayor Rodriguez moved to support the CRA in assigning the dumpster mural program to the Arts Commission. Commissioner Ross seconded the motion. The motion passed unanimously. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading None D. Resolutions: None E. Other: 1. EXECUTIVE SESSION -- Ric-Man Construction, Inc., doing business as Richard Mancini Equipment Company, Plaintiff vs. The City of Boynton Beach, DefendantjThird Party Plaintiff vs. Camp, Dresser & Mckee, Inc., and David J. Prah, P.E., Third Party Defendants. - Case No. 502006 CA 011893 XXX)( MB AA 20 Meeting Minutes Regular City Commission Boynton Beach, FL December 18, 2007 Ms. Alexander announced the attorney/client session would commence at 10 P.M. Those present would be the Mayor, Vice Mayor, Commission members, City Manager, City Attorney and a certified Court Reporter. Mayor Taylor recessed the meeting at 10:00 p.m. Mayor Taylor reconvened the meeting at 10:19 p.m. Ms. Alexander requested a motion to approve and authorize the City Attorney to accept the proposal of $1.2M wherein the City still owes the plaintiff $630,000 under the contract and CDM would pay $285,000 to the net amount and $50,000 credit on the final billing for the INCA job and CDM would give the City a $70,000 credit on future billing for current work, leaving a net amount of $165,000 to the City, subject to releases that are acceptable to the City Manager and City Attorney's office. Motion Vice Mayor Rodriguez moved to approve the request. Commissioner Hay seconded the motion. The motion passed unanimously (4-0). XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being nothing further to come before the Commission, Mayor Taylor properly adjourned the meeting at 10:20 p.m. CTIY OF BOYNTON BEACH: ~. ~ Ln-/ f!zrrY for ATTEST: dith A. Pyle Deputy City Clerke- 21 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Meadows Townhomes 1 Development p &1 Building Englne.rlng Oce. I.lcenle,... k .,. .__ _r APPLICANT'S AGENT: Steven L. Cohen APPLICANT'S ADDRESS: 2941 Cypress Creek Rd Suite 102 Ft. Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18,2007 TYPE OF RELIEF SOUGHT: Request New Site Plan approval for construction of 34 townhome units and associated site improvements on 7.966 acres. LOCATION OF PROPERTY: 100 Meadows Circle 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 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 DATED: Ia. -~O - 07 S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 07-005\DO.doc EXHIBIT "C" Conditions of Approval Project name: Meadows Townhomes File number: NWSP 07-005 Reference: 2nd review plans identified as a New Site Plan with an October 30, 2007 Planning & Zoning date ki 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). PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 2. All utility easements and utility lines shall be fully shown on the site plan 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. Relocate light poles and canopy trees out of utility easements. 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 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)). Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I 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. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 7. Water and sewer lines to be owned and operated by the City shall be included X within utility easements in accordance with the LDR, Chapter 6, Article IV, Section 6. 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(e). 8. 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. 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 10. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: 11. Mailboxes for multi-units should be placed in a high activity and X conspicuous location for enhanced safety and natural surveillance of users. For safety purposes due to cars stopping in the rights of way for mail pick- up and for maximum efficiency in delivering the mail, both the City and the Postmaster request that all mail kiosks be placed in a central location for delivery and pick-up. DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 12. At the time of permitting, all projects one-acre or larger shall submit a X Notice of Intent (NO I) to the FDEP for coverage under the NPDES Generic Permit. Copies of the NOI shall be provided to the City of Boynton Beach Department of Public Works/Engineering Division and Utilities Department/Engineering Division. 13. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 14. 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. 15. Upon satisfactory Commission approval of the site plan, the applicant shall X enter the record plat process through the City's Engineering Division. A preliminary record plat application may be initiated during the site plan review to expedite issuance of the Land Development Permit. 16. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at the time of permitting. I I 17. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in I 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: 18. 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. 19. 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). 20. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 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. Conditions of Approval 4 DEPARTMENTS 22. A water use permit from SFWMD is required for an irrigation system that 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: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) If the project is a multi-family project, the building numbers must be provided. The building numbers must be the same as noted on the Commission-approved site plans. C) The number of dwelling units in each building. D) The number of bedrooms in each dwelling unit. E) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Section, Sections 26-34) 24. At time of building permit application, submit verification that the City of Boynton Beach Parks and Recreation Impact Fee requirements have been satisfied by a paid fee or Conveyance of property. The following information shall be provided: A) A legal description of the land. B) The full name of the project as it appears on the Development Order and the Commission approved site plan. C) If the project is a multi-family project, the building numbers must be provided. The building numbers must be the same as noted on the Commission-approved site plans. D) The number of dwelling units in each building. E) The total amount being paid. (CBBCO, Chapter 1, Article V, Section 3(f)). 25. Pursuant to approval by the City Commission and all other outside 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. I INCLUDE I REJECT I 26. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911 shall approve the address 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) X X X X DEPARTMENTS INCLUDE REJECT P ARKS AND RECREATION Comments: 27. The plan indicates live oaks to be planted in areas that are only seven (7) X feet wide. The root structure will be hampered by this condition, and the tree will not withstand heavy winds. Recommend using another species in those small areas. 28. Bubblers are required on all trees. Irrigation is to have separate areas for X grass and bedded areas. Coverage is to be 110%. 29. Park Impact Fee: 34 Single Family Attached homes @ $1,049.00 per home X = $35,530.00 to be paid prior to issuance of first permit. FORESTERlENVIRONMENT ALIST Comments: Lake Plantin2s-LP-l X 30. The applicant must provide a copy of the Lake Management Plan (document) to be included with the Homeowner Association documents and the re-plat of the property. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.R.p.13.] I I , 31. A time zero and quarterly monitoring report for two years is required of the X developer. Plant Material Sheets LP-l. 2 X 32. The shade tree (Orange Geiger) must be shown in the description as a minimum of three (3) inches DBH (4.5 feet off the ground) [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C. 2.] PLANNING AND ZONING Comments: 33. It is the applicant's responsibility to ensure that the new site plan is publicly X advertised in accordance with Ordinance 04-007. 34. The project must obtain approval from the School District of Palm Beach X County regarding school concurrency prior to the issuance of a building I permit. 35. Provide response from the school regarding potential access for school X children in the neighborhood via a gate in the fence and improved walkway. 36. Landscape drawings indicate an existing 18 foot tall Areca Palm buffer X along the west perimeter. Any gaps in the landscaping shall be filled in with like-size Areca Palms and this buffer shall be dense, so as not to allow headlights to show through. , Conditions of Approval 6 DEPARTMENTS INCLUDE REJECT 37. All trees, if proposed as trees, must be at least 12 feet in height and three (3) X caliper inches at the time of their installation (Chapter 7.5, Article II, Section 5.C.2.). 38. At the time of permitting, depict what provisions are being made to ensure X the residents in the vicinity will not be disturbed by audible entry gate call box. 39. Provide copy of the recorded ingress/egress easements that provide access to X this project at time of plat. 40. Conduct any warranted environmental audits on the property and satisfy any X applicable County or State regulations regarding the preservation, relocation, etc. of recognized or protected plants or animal species. 41. At the time of permit application, submit revised photometric plans in X accordance with Chapter 23, Article II, A.1.a., which requires a minimum average light level of one (1) foot candle, with no more than 10% of the readings below one (1) foot candle and none below 0.5 foot candles. Additionally, at the same time, the photometric plan should be submitted to the Senior Engineer for review and approval. 42. At the time of permit application, submit a revised monument sign detail, X depicting the sign landscaped on all sides with a minimum of two (2) types of colorful shrubs and one signature tree. 43. The applicant is responsible for compliance with Ordinance 05-060, the" X Art in Public Places" program and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. LfLt,~ S:\Planning\SHARED\WP\PROJECTS\Meadows 300\Meadows Townhomes\NWSP 07-005\COA.doc ... 1 in. = 362.1 feet Meadows Townhomes fr' ~ _.ft' :'0 '. i: ~; t:XHII::SII lj ~~ l ~. I'"' ~ I ~; /' .. ~ . SO?J8'29"w 666.90' ~r~~~INCINI< fEtfC( ]/, g ~i~ ~ i~ ~ ~ ~g~~~~~~~~~~ *'~~'~~a~~~ ~Ei~~" .~gi 8~~~~ ~ '~Ii - ~'" ~ ~!~ ~m~~5." ~h'~-lls!O~ ~~8~; ~~!~ ~g ~ ~.~ "'.. ~I' "''' "", ~ :r () " ~ '" () ~ e'" -, !:!;! ~?l > :z ~ ~ III ~I~I ~ i~ ~ 1= 6 ~ > F .. . . . in~ . il~~ID"~~~~il~I,"I~~I~!all " ~ ~~.~;id~ ""O~ ..".~~.~ 8 iii ... rt, -oOll"'):~ !i-...... 6 ~I I ':I~~~I'~I~i!~~I.:~i~~'_nl. . 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" I" I' " ~~I~I*ioi~I~I! ~ i~I~1 j" ~i ;~~~i]. 1 1 ' , , I ' -... ~~I'" "'I'" '" ",' ",' .., ,......, l!:' "a"I,I-"I.H ~ I~ I"',;~I ~ ,. "n~ 5 ..~.[ -i,hl-I-I ^ 1.1""1 "2 ;; .~' .,.'.1""1' . '. .'. F '~g~ ~ltl.BI ,~I~i ~ ~" t ~ . ~ ""1""-1---1 ~, . - ~ . ; tIT:W ~'~I"~:i ~ -:1 ; ! i ~ ~ ~ ~I I ~ ~ Z 8 ~~- ; i MEADOWS TOWNHOMES I.~ I 34 UNIT DEVELOPMENT ;i NICO DEVELa>IIENT INC. ~ 10C MEADOWS CIRCLE I, ROYNlON BEACH C: ORIOA < . ~~ ~ q f~ ;~ ~ to ;j.- ~ ~' :~ ". S~ ~ ~ !~~~ ~ ~ \:"li ~ . ~.~, ~ ; ~~~a ~ 8~"" . "~.~~ ~ ! ~~ i f' n . ~ ;~ ~~ ~~~ :Sg~m~[mm~~ ~:~i ~ I ~ ~~ l/) ,- ~ ~~t"'~':~"~~';l.l ,~,." . g =0 ~". ;< ~~a,~~,~~~~. '. ,:1'1" I ~. ~ g.... !">~i - 8.~......~o",.....~~~"'" 1i::r~i' i< i ~~ ' '=' ~~~ t~~a:'r~;'~5~;j~;~ ~"~~ "i "$ :": d' <r"i"',O"."'~~ ~,'<V I' ~~ )> ~~ .o,,~~~~=~~~q'~< .~<~ (') I~ 5... !";. "'l;;"'t,",:;:~,p;;8;, ~~~ ! Q~ ~ _, ~o p !".~.'1i1~~'~8<~"~~ Q~~.::; \; I!l, 'i ~~ .h::F"~',~~B'; ~^'16 .. ";r ~;r -0"'-"'''',..,. OIl..... I I'! " .,~. ..' ..' "~6.~~ '~I. ~ 'i '. '~a.gf9gp'~~'.~ 0 .~ . ~ g: Si";'~';~:"~~'1~E ~a l . -~ - .o....'.3~.i\...- r'~ ~i i~:~~i~~~~~i:~~~ :~~ ~~ ii-,-,-"..~ V ~Ii ~h ~ ~ ,..~ ~ uu f, i ~~ . '0 " j" ~ 8~ ~~ ~ c;:; ~~ ~ ~ ~ i~ .g ~~ ,!: .l.~. ~~ ~~ ~O ~~ ~..., ~~ ~~ ~." U I)> ....... . STEVEN L. COHEN AND ASSOCIATES, P.A. AACI"II"T~ - INT_a_ DE8I....... 2....., W. CYPREB" CREEK RD. .UrT!: 10.. FCAT L..AUDEADALE.. F"LCRIDA :i33tJ9 "MaNE (VIi..J '71'" Dle f\:) i; i ii' ! i,I~III- ~II!~ ~!~ :z \ I I "......". '-','~ . . ...\. """ "\ \.~. ' '\". '\ > '\ ,'0- \ .' .... 0-) " "0 \ '\'./ / \. . ~' "?.'2..../.:~. //~, ".),; C"I." ...... '" .' r 1-, / I '{ A/' ~ ~/I ~~/ ;: l 8'(: : EXHIBIT E 17 3d01S 30lS "~~~~ l-'3 V'KiH08 3~\71 JV c;:o~ 3>1'7' \'\ I \ \ . \ II i \ I~H \ I' ..............",." I, I ..."'_ 1\ " \ \\ I \ \ / ' )11/1 II j II I ill I! ' /1//1 r i! I f ~ 1111; ~; I I I" I Co I I \ ~ I t6' I I: \, I ~'I j Jl;1 ~'llfI ~ I /;/ / ! I ! I I ; ~ {' \ ill I III C"" \ '\' )' ~ ':S '\ \ 1/ ~i~':.~ ~ .~ .." n;{_n' n""""l'l -- / ),lc3d062 9St9 tJ Cl! "s/e; ONJ i~ l" ~~ a g? i;~ ~ ."~ 8 L .Iii ~ rr f) ~ .1 i r ~ i 10 10 ~,l, r ,; il\ II ,~c i ,)), I' II , E) II ''1:,"o---~JJ (/ (~ <) ~ ~~> 13 <9 II; <i (~ . ) ..... .-~~-------------"' ::.ihl) ~i:JG j ( ~ ( > ( ---~---- ~-a "---J, d),~ :noc :J I, ,- )ldd()'"~fr f' 'q ! f' )> ~ MEADOWS TOWNHOMES 34 UNIT DEVELOPMENT NICO DEVELOPMENT INC. 1 00 M~ 1:..DOWS CHCU 80Y~TOj\ E[ AU-l r~C,qiDA w ",m =lz ~~ ):Gl z21 ~r<:~/~JS'7~ J,J:~, ~:~-:J3 S ~/\"r- :L d3N'J~~ /dV'llf',:,:",~ _;'<;V\?~~':'::: ::JOI:-: d3h~:= S sr~I'vV\ ,~~~Vt{ ~::D -0 ":Ju o l:' (j') ~1Tl ':t> 0 II ~ "- T 1> ----=:r-- J> '~iC ~ ,--" 7' ~ - ~\ ~~ '\'-~ '-.:ji ?';\ M" 0[', 8t.88S C:::'3d o 9c:;t9 Sl Cli ,,8/C:; ON.:! . STEVEN L. COHEN AND ASSOCIATES, P.A. ....a"'T~ . IMTEfII'~ D~I._.. ZV41 W. CYflIRE.. CREEK RD. .UITE 102 F"CRT L.AUDE:RDAL.E, F'LCIllIDA 333DV plHO,..!: (954) 971.101 C ---.-..--.-.......- Je;) ;~ ~~ ~ "'ll ~ ~ . I Co "n ~ "'ll Ii" :I ~. r---r I ~. _ ,.~ 1 {' _ 7' IT-B" Ol'fli.....l 8"OC. DIIol(I'ISION O'.C' J8-l!' '0'.4 Ja'-If .,'-0. " -1 .'.-B.CM:R.....LBLO.C[IoI...EHSlON 0,"-0. Cl'oIEIl"'LL BLO"C DlM(NSION ""D rlQOfl 17'.,. ,:, --;" C'v'tf:4i.l B,-O-= OI1oOENSIOI'; 1~D I~OO~ -1 I)> .... r\:) ~ MEADOWS TOWNHOMES 34 UNIT DEVELOPMENT HlCO IJE'lELG'IlENT INC. 100 MEADOWS CI~Cl[ BO'(NTOi'~ BEACH, fLORiDA. I::XHI~II B ~ ~ ~ , 0$- f ~ "' ~, ~. ~, " ~E ~ ~ ~~ f f~ ~i ~~ ,. i':~ o~ .. .~ ~~ 1." b '---- r" .,.; ~~;~Ii~; H; ~ i ," '. =o,~'o. ".. I ~20 ":; ~~~~~$~i ~~~ i ~ .. 0'" ~ ,:,.. c: Ii I 0.- -."~ _ _~~ o~ '" o~ ~!~~~"\) ~~ "i~E~H'l P ::: ~~~~~~~ 2~ i . "~.." ;~ . if;.:~ ~~ I ; ! c:'i' '"' ~~. ~~ I I I I L-- ~ i. ~ , ~ ~' ~ I i. i I;; I I I . I I;; I I ~~ 8f d ~~ ~8 'i ~ I ,. ~ n !~ ~; ~ i II ! 0 e € IS IS O~~I ~~ ~~ ~E ~~ ~~ 6~ ! E ' ~~ ~! .! ~! ~l ~! : ~ I ~:; .~ ~, ~~ ~~ .~ '" i ~ ~A ~~ ~~ ~;o ~~ ! ~ I ?, Q.... '" i" i ~~$~~ I~I '" Il i ~ I II I I . STEVEN L. COHEN AND ASSOCIATES, P.A. ~ . INTalfClll DIE8tIPlClUl ..41 W. CY"'IIlE.. CREEK "D. .UITI: 1 OJ! F'CRT L..AUDEADALE, F"LDAIDA 3330g "HClNelg~:'!..!-:"',,:10~~ _ :;~ .. :D .. ill m ! o ::> f ~ -$- j~ 8~ I ~~ ! j<';cf i'd ii~i o @J \ .~ ~~ ~r ^~ ~ '" 0: .. m a; < ~ g 1 ~ W. ffi! ~ {,-c' '" ~: ~ ~. )> N U) ~IO 1'",c)- ~ .," I i ~ ~r. ! ,~" ~ EXHIBIT B :t; fr: ~ -$- ~F o~ ;;1:. . , ~r. ~I ~! " ~' , ! ~. . ! ~~ '::0;.. '" ~~ ~! jg ~ ^" ~~ e ,~) ,~ ,~. :;. I B ~l ~i ~i H Ii :"i ~~ !i n ! ' ~ 1; ~ , 11': .... .... "~ ;;I: ~r' i~ o. a- "'< ~r '" ~: ~~ ~' is: ~ .. ~! m ~ !!!. g ,.,.... _m ~ ~ ""l ~! Ii "; !~ " c co ,-0 ;;Q -~ oi:: 111!!l! 'j, ~ 'mm ~~ J ~n i ~ 'i'r:: F ~~ MEADOWS TOWNHOMES 34 UNIT DEVELOPMENT NICO DEVELOPMENT INC, : OU Me ADGWS ~;RCL ~ BOytno:" 8~ACh, ~~ QR:i.l.L . STEVEN L. COHEN AND ASSOCIATES, P.A. 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Ir~~ I'~R"" o-l"'\\ ~I~ '~'r-~ "- o () ..... .---.. ......,......".- _ ~ · I> ~ &2 ; ir-:\ ( + ) ( ~" ;u II $~ 0000,""" '1')( j m- r-<", I --,,-,--. ) ~ ~ H3! ;Cpgf ,:- ~/'-;I ~'~~ IZ~~~' , '- /1''\ ~ ~pi i ! g~51 i' I g S i ; 0' :e!~~ ,\. ,..f..\",;~-o ~ n il" I~ p ~ ;i I I i I ~ ~ Eli il ~~. ~~ 6 E :1 ~ !I '..D I I n;.i1 {. t J It$! 6 Ii g I' Iii" lr f--- ..... ~ . ,! r f_~:' ~ ~- _~I r :~~'= ~-S.~~._ ~~ ',,;t.~ ~ ~l~~U~~i:Ui ~!;l-'!Ifl ~. [~~ i t f ~ THE MEADOWS TOWNHOMES ""C It;;; h~ ~rt;~~ ? ?III. ~ Il' fl. [: "l" ,.I~.I~. I v:tif'= !-fU ;c;e:. I ' ~,~_~~.~l ,..... .; S til S 1 .If ~ ~ i! 1 - ~ g; l~ ~'" E~ r ~~ ~~:~ e;g~f!! ;;E)il ~8r::~ I ~~~~ ;ni ;"01 r->tJl;1 ;;;5 ~~~~ \ ~i:ia l'ili:;!~ , 1:=::; l' F ...~ r- Fo N~Of:i ~ ~~: UI~UII . = .lj ,~~ ~ ~ f\ lJ! \~~.1" ~~ to:~ ...... u; ~&l CI:ltl:lwr< S~;:;~ -~ ~ 6 1; j@~ oa::t"'" ,d... ;g 1=1 ~ ~r i ~', ~...' -C; /f "'I~ !~ /1') /l g~ iff ''t'',~ 'T\"" '. J\'I~' ~ ,~I J.; . i ( , 1 '''-':.- '" io..~<_~,.~ ._- g \' c..r<;::.;/- ,/~> / / / /~ / ::;. ./ 0 ~ I g" ',o., ' ~r-< g ~~ ~ ~ 1'1" "~i' i .j iE, _.,' flil II."~: /::zi.iil I~, ~i! li'l~' .:::..--- .1 If' ::, [. _ ". .JJI @-,---: / ." .--- ;; /' /,' Ii 'j/{ "" @i.., /( \\ (' \\: ~ ~... . rr m!H}ffi vi Ih~i It XH\\:$\ \ .0 . DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean Drive Hotel Development P&Z Building Engineering Occ. License ..,.,.etty Clerk APPLICANT'S AGENT: Bonnie Miskel APPLICANT'S ADDRESS: 5355 Town Center Road, Suite 801, Boca Raton, FL 33486 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, establishing a maximum height of 45 feet in the Community Commercial (C-3) zoning district, to allow a variance of 19 feet, and a building height of 64 feet. LOCATION OF PROPERTY: North side of Ocean Drive, approximately 500 feet east of Congress Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The APPtl~t 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: I!J. - 8./-0B &~Yn, City Clerk ~- . , r: S:\Planning\SHARED\WP\PROJECTS\Ocean Drive ZNCV\DO.doc EXHIBIT "D" Conditions of Approval Project name: Ocean Drive ZNCV File number: ZNCV 08-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS l. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I l. To be determined. ~ I I I S:\Planning\SHARED\WP\PROJECTS\Ocean Drive ZNCVlCOA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc . Ocean Drive Variance EXHIBIT A ~ o (ij) \ . ~ m III .; EXHIBIT B co ~ 2 m r- m < > S z I 4"--- i i I I i I -+--- I I i I I i ---1---- I i i i I i -r--- I i I I I I -r-- i i i i I i 4"--- i IP'ROIPOSIED HOTIEIL BOYNTON BEACH .......'" George F. White S45S North Federl! I I4/Snua!:l Sult.e F. A.l.A. and Associates. Inc. 60"" ~t"", Florida 33481 (....I) ~1 ....~ _______ fnj J ! i ~ - i ~ o ~ ~. 'ffi ~) :t/l 04 ffi F ffi <: )> 4 o Z -f I t u.,' .....1.,.., '.",''''~,'''~u., T _ ~ ~ < < < < - i l: , ': ~ .. .. .. ---------' ":.) EXHIBIT B PROPOSIED HOTIEIL BOYNTON BEACH ....,..,A George F. White ~4S5> North Federal 1-119h.Lia~ Soult.e F_ A.l.A. and Associates. Inc. Boca ~t.c::m, Florida 33481 (Sbl) '3'31 bb'=8 u i ' . ~ . , , ' z o ill -=l I f'i'I F f'i'I < ) -=l o Z --0 - ----6 tIl Ja 0 C -=l :I ~ --<? fi'I F fi'I < ) -=l 0 --0 Z <:> EXHJBIT B __~0 ----0 :r o nl r" {II a z --~ --~ ----0 ----0 ~ o (B] PROPOSIED HOTEL BOYNTON BEACH .....,...",.. . George F. White A.LA. and Associates. Inc. &4*> North _.1 ~Ign.a~ ~'le F. Boc.a RatDn. FI.,..,d. 334&' (SOl) ~, ."'38 u~nPi . . ~ '1 ~~il~l s n EXHIBIT "e" Zoning Code Variance Application A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The applicant wishes to apply for a variance to allow a structure higher than the City's maximum height of 45 feet for the purposes of developing a hotel. The subject site is located directly behind a commercial shopping plaza with no frontage on either Boynton Beach Boulevard or Congress A venue. A height variance is necessary to ensure that the proposed use has adequate visibility from the streets. The existing retail in front of the site severely limits the visibility of the proposed use. The height increase will allow for the construction of one additional floor. The applicant believes that this requested height increase will enable potential customers to better locate a much needed service in this area. B. That the special conditions and circumstances do not result from the actions of the applicant; The City of Boynton Beach previously approved the development of commercial on the property to fhe north and. west of the subjecl site. without the. consideration of the subject site. A key component to commercial and retail development is good visibility. The subject site does not have this good visibility because of the previously approved deveTopiriifiiits a7oifg. Congress AvenueH and Boynton Beacfj Bouleviifd. Tfie proposed variance will allow for the development of one additional floor and enable those people traversing on Boynton Beach Boulevard or Congress Avenue to see the proposed use. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; The granting of the proposed variance to the subject site will not confer any special privileges to the applicant. The subject site is unique in its configuration, limited roadway access, and location behind existing commercial development. The applicant believes that the subject site is distinctive because of the retail that has developed along the roadways of Congress Avenue and Boynton Beach Boulevard which would screen the proposed use if developed at the 45 foot height limitation currently imposed on the property. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; The existing zoning on the subject site allows for the development of commercial and retail. Without the variance, an undue hardship has been placed on the applicant because of the lack of visibility and roadway frontage. The commercial shopping plaza which has developed along Congress A venue and Boynton Beach Boulevard would block all views of any development on the subject site that would be developed at the 4 Zoning Code Variance Application City's current 45 foot height limitation. The applicant believes that the proposed additional height will enable those traversing the roadways to see the proposed use and allow for the proper use of the commercially designated parcel. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The proposed variance is the minimum variance that will make possible reasonable use of the land. The proposed variance to allow a 64 foot tall structure will allow for the development of a hotel. The only portion of the hotel that is proposed to be at a height of 64 feet is the tower element of the building, the remaining building is proposed to be at a height of 50 feet. The area of the tower is only 19% of the entire floor below it. The applicant feels that this tower will provide for varying heights and architecturally interesting elevations. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the proposed variance will be in harmony with the general intent of the Code. The applicant only requests the variance in order to allow for the development of aifiifJdifiiifiiiil rfoormani:faTso . ensure-the--l,iisIDt7if}'offheliroposed-use- fiOiifffie--iiearoy- major roadways. The applicant believes that the adjacent residents would not be negatively impacted by the development of the proposed use including the additional height. The property will be adequately screened and landscaped in order to mitigate any potential negative impacts. G. Variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconforming. Applicant shalf provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Not Applicable. 5 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge PUD Development paz Building Engineering Oee. Llcens. '...lIi_ Clerk APPLICANT: Mr. Tim Hernandez with New Urban Communities APPLICANT'S ADDRESS: 398 Northeast 6th Avenue, Delray Beach, FL 33483 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007 TYPE OF RELIEF SOUGHT: Major site plan modification to change the type of housing approved from 48 single-family detached units and 126 fee-simple townhouse units to 110 single-family detached units (a net reduction of 64 units), and to revise other related improvements on an 18.44-acre parcel in the PUD Planned Unit Development zoning district. LOCATION OF PROPERTY: Northwest corner of High Ridge Road and Miner Road (Exhibit "A") 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 Appli~nt'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: 1C1- &/0-07 S:IPlanning\SHAREDlWPIPROJECTSIHigh Ridge- New Urban CommunilieslMSPM 07- EXHIBIT "C" CONDITIONS OF APPROVAL Maior Site Plan Modification Project name: High Ridge New Urban Communities File number: MSPM 07-010 Reference: 2nd review plans identified as a Maior Site Plan Modification with an October 30, 2007 Planning and Zoning Deoartment date stamo marking 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). PUBLIC WORKS - Forestry Comments: ._-~ 2. Add the following note to plans: "It will be necessary to replace or relocate X large canopy trees adjacent to light fixtures to eliminate future shadowing on the parking surface (LDR, Chapter 23, Article II, Section A.l.b.)". PUBLIC WORKS-Traffic -1 Comments: 1 3. Prior to the issuance of the 56th certificate of occupancy, complete the X improvement of High Ridge Rd. to a minimum of three (3) 12-foot lanes from Miner Rd. to the northern boundary of the proposed development. I Provide plans, including typical sections, for off-site improvements, II including curb and gutter along High Ridge Road. Palm Beach County II permits will be required for work within the Palm Beach County right-of- I I way. Staff recognizes that improvements required by the city may not be I I I required and/or supported by the County. The developer shall provide a I I letter of credit in the amount of 110% of the engineer's estimate for public I roadway improvements prior to issuance of any building permits for this project. The letter of credit shall be held until such time as the I !I improvements are complete." I' ENGINEERING -- Comments: 4. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. .------- COA - High Ridge PUD MSPM 07-010 Page 2 I I DEPARTMENTS INCLUDE REJECT 5. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 6. A re-plat of this subdivision will be required upon satisfactory Commission X approval ofthis major site plan modification. 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 and Section 10.Z will be required at the time of permitting. UTILITIES Comments: 8. Even though this development has approved utility plans on file for the X original development concept, please provide a timeline that clearly illustrates when water and sewer services will be required to serve this revised project. Your starting date for the timeline should be the date of City Commission approval. Also provide milestone dates for permit application, the start of construction, and the setting of the first water meter. This time line should be used to determine the adequacy of water and wastewater treatment capacity for this project's completion, so please be as accurate as possible. 9. Palm Beach County Health Department permits will be required for the X water and sewer system revisions serving this project (CODE, Section 26- 12). 10. If not already paid, the CODE, Section 26-34(E) requires that a capacity X reservation fee be 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. 11. 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. Easements shall be centered on the sanitary sewer main and the minimum width shall be determined by using two (2) times the depth of the sewer main plus three (3) feet (for trench bottom). Easements widths will be finalized at the time of platting and permitting. The easements shall be dedicated via separate instrument to the City as stated in the CODE, Section 26-33(a). 12. 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 COA - High Ridge PUD MSPM 07-010 Page 3 DEPARTMENTS INCLUDE REJECT setting of a permanent water meter is a prerequisite to obtaining the Certificate of Occupancy. 13. A building permit 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. 14. PVC material not permitted on the City's water system. All lines shall be X DIP. 15. Appropriate backflow preventer(s) will be required on the domestic water X service to the building, and the fire sprinkler line if there is one, in , accordance with the CODE, Section 26-207. 16. Provide a minimum ten (10) feet separation between water main, sanitary X sewer, and storm sewer lines. Please note that City of Boynton Beach separation standards are more stringent that FDEP standards. 17. Provide a minimum ten (10) feet separation between water main, sanitary X I sewer, and storm sewer lines and the outside edge of buildings. This I includes the projection of roof lines, balconies, etc. to the ground. FIRE Comments: NONE X POLICE --1 Comments: ~ 18. Prior to issuance of the first building permit, the applicant shall prepare a X I i construction site security and management plan for review by the City's I I Police Department CPTED Official. i I . The developer/project manager after site clearing and placement of construction trailers shall institute security measures to reduce or eliminate I opportunities for theft. The management plan shall include, but not be I limited to, temporary lighting, security personnel, vehicle barriers, I construction/visitor pass, reduce/minimize entry/exit points, encourage sub contractors to secure machinery, tools at end of work day and/or any other I measure deemed appropriate to provide a safe and secure working I environment. The security management plan shall be maintained throughout the construction phase of the project. -- 19. Applicant shall provide a detailed photometric lighting plan. X 20. All lighting shall be metal halide following IESNA Lighting standards. X -- COA - High Ridge PUD MSPM 07-010 Page 4 DEPARTMENTS INCLUDE REJECT 21. Timer clock or photocell lighting for nighttime use shall be above or near X entryways. 22. Pedestrian scale lighting shall be used for all street and pedestrian X walkways. It is suggested that interactive or lighting on demand be used in sensitive areas. 23. Numerical address: X . Shall be illuminated for nighttime visibility (dusk to dawn). . Shall not be obstructed. . Shall have bi-directional visibility from the roadway. 24. Lighting shall be provided for entrance signage. X 25. Landscaping should not obstruct view of windows, building address X numbers, and walkways. 26. Residential Security: X . The door leading into a residential unit should be a solid core door and equipped with a single cylinder dead bolt lock (including garage door). . 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. . If front door has zero visibility to front entryway are, it should be equipped with a 180-degree peephole. . Entry door should open outward versus inward. . All exterior doors should be equipped with security hinges. . Anti lifting auxiliary locks should be installed on sliding doors and windows. . Should be pre-wired for alarm system. . Telephone lines should be run underground with box hook-up on inside of building versus the exterior of building 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. 27. If benches in a park area are intended for nighttime use, adequate lighting X should be provided for the area in which they are located. They should also be in open view to eliminate concealment areas. BUILDING DIVISION Comments: 28. 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. COA - High Ridge PUD MSPM 07-010 Page 5 , II DEPARTMENTS INCLUDE REJECT 29. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 30. 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 provided at the time of building permit application, F.S. 374.216. i 31. 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 ofthe 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 II, Sections 26-34) 32. 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. 33. 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 reVl ew 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. 34. 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 Department of Engineering, 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 A venue, West Palm Beach, Florida (Sean McDonald-56 1-233-50 13). United States Post Office, Boynton Beach (Michelle Bullard-561-734-0872). I ! PARKS AND RECREATION ------- Comments: -- 35. Landscape plan must include the City's signature trees at the entrance. X -- 36. Irrigation must be 110% coverage, include separate bubblers on each tree X and have separate zones for crass and bed areas. -- 37. Park Impact Fee: 110 Single family homes x $1,418.00 = $155,980.00 due X at issuance of first permit. i COA - High Ridge PUD MSPM 07-010 Page 6 DEPARTMENTS INCLUDE REJECT FORESTER/ENVIRONMENTALIST Comments: 38. The mitigation trees should all be shown only in the common areas of the X site as depicted on pages 8 and 9 of 15. There can be additional mitigation tree inches provided by planting additional trees around the lake and increasing the diameter inches of all of the common area trees to meet the mitigation total inches. (Tree Mitigation Sheet page 15 of 15) 39. The Lake Management Plan (Upland and Littoral plantings) and time zero X report must be submitted to the City. (Lake Management Plan document Time Zero Report) PLANNING AND ZONING Comments: 40. The project shall comply with the Art in Public Places requirements of Ordinance 05-060. Submit revised Public Art Information Form that provides more detail (art location, accessibility, 1 % and 70% amounts, estimated site plan and completion dates, etc.). Prior to permitting, revise X plans to indicate the location of public art on site and include a detail of the public art including colors and materials. 41. A revised traffic impact analysis must be approved by the Palm Beach X County Traffic Division for concurrency purposes prior to the issuance of any building permits. 42. The project must obtain a revised school concurrency approval from the X School District of Palm Beach County prior to the issuance of a building permit. 43. A unity of title may be required. The Building Division of the Department X of Development will determine its applicability. 44. On Site Plan (sheet 3 of 15) revise setback lines at comer of Lot 8 to be X measured from new property lines (after right-of-way dedication). 45. Revise side elevations of all proposed models (especially those that will be X located along High Ridge Road) to include additional architectural features that will provide visual interest (enhanced with features similar to the front facades using elements such as balconies, individual roof features, porches, varying surface materials and colors, etc.). 46. Provide detail and information on the "ID column" located at various X locations along the right-of-way on both the Master Plan and Site Plan. Indicate proposed signage locations on both Site Plan and Landscape Plan. Revise proposed locations to comply with setback and safe sight comer requirements for signs (minimum 10 feet from the new property line). COA - High Ridge PUD MSPM 07-010 Page 7 , II DEPARTMENTS INCLUDE REJECT I .---- 47. Provide a typical sign detail including height, sign face area, font, materials, X I color, etc. on sheet 5 of 15. 48. On Photometries Plan, indicate proposed site lighting designed at a X minimum average light level of one foot-candle and levels; specify that the light poles shall withstand a 140 MPH wind load (Chapter 23, Article II, Section A.1.a and Florida Building Code); provide a note that the fixtures shall be operated by photo-electrical control and are to remain on until 2:00 a.m. (LDR, Chapter 23, Article II, Section A. La.); and include pole wind loading and pole details in conformance with Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A. 49. Provide a detail of a typical screened-enclosure permitted within the X I building setbacks. 1 50. Include floor plan and building elevation for Cabana in the architectural X i drawings. I 51. All building elevations should include the exterior finish, paint X ! manufacturer's name, and color codes. (Chapter 4, Section 7.D.). I i I 52. Provide paint swatches for the elevations (Chapter 4, Section 7.D.). X -~I -~I 53. Revise site plan and landscape plan to include a decorative 6 foot high masonry buffer wall along the north property line to mitigate the difference I in density and intensity of this area of the project compared with the I adjacent single-family lot to the north. Shrubs shall be planted on outside of X I wall. I I I 54. Revise Master Plan site data to delete reference to PBC RS zoning. X I ---~-I ! I i I -- 55. Revise all plans to renumber lots (110 lots proposed, 174 lots numbers). X _.- ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS --- Comments: , .-~ 56. The board recommends that condition #40, the requirement to comply with X I I The Art in Public Places Regulations, be omitted. I I 57. The board recommends that condition #53 be revised to replace the X requirement for a 6 foot high masonry buffer wall with a vinyl privacy fence offered by the applicant in lieu of a wall. i i --- COA - High Ridge PUD MSPM 07-010 Page 8 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ MWRIkz S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\MSPM 07-010\COA.doc Exhibit --A" - High Ridge PUD MSPM 07-010 NIC ..-..-.. -- I II . , --I !I i! . I i I i . . '101' O::u w' I I ~I ..,!'.' 5"OMA;I:O.E::jRD:"". lOi -----" ...-----i 0::, NIC -- . 420 210 0 ~-- 420 840 1 ,260 1,680 I Feet N w4tE s i i"!l '!Iill! I 'I' I II-I! ' dill' 'Pilll! i :/1 i li,~; ! l!i~j mil'! I ,I". .,~" "-i '.'I'U i lih i!fh~ I hil !.i"1 I q'I' !!Pi, I Ii a llih! I 'H l;i~5! i Ilil Hill! ! i, !!~li i~ il!/lm l'l !i i,,~ '_;' . · Ii'! i 'ii ,! i !!Ii llini . ,.,! " '" l ! Ii I ,;1 ! a ~Ilh ! l!~ '" Ii. :.! i I ..11' I 'j" " I jl g !,lo 'I! f QI-&j.. i ! i '~l'! l' ': I d-I !ll ! Ii ~ ~ ~ .. ! i! i 11 I j'i .' :~ ~ ~ " iio I ! ,--,' JiIlU iU n~ Ii ,I !U aHiHi ; H Hjil '\!l~ I ..,'a Ilh~ 'B! ' ~ ~ " llU ~jh ~i i H u.! . 5~~e~ '. 11 I ~hJ~ !II . P 1 'I t ~ ~ ~ ~ i ! ; -. E ! i i i~bl f I I I' ~ I I i ~ . . , ~ IE I ! . ~ 1 , j; I 1 ! i j i ~ ~ j ~~ ~ f~i . -.. - - ~ : . ~;; ~; ~ !~i~l: j, I t ~ .:: a il .i E ~ ~ : :: ~ il , I ;.; ; lh"~1 ----I !ji;;n ~:,,";':l ': j ; i ~ ; ~ ~ JBHi . . ~ EXHIBIT "B'.' " ~@ T TT ..."11.... ~ HH~ ~~~~~ ~ ~~ ~ ~ 0' ~~~~~ ;~~~ ~~ 00 ~~~.~~ . :;; ~. ~ W::.mcm ~8 ~~ -:'''IIUlZ::::: ~ .:...:0 ~ Z<~illl os' "'l ~ Ci 'Tl ,0 E'!:~-HI ~~5~ ~ ~~~~g ~~;~~ l:l. > ~ ~" ~~~~ ~!~~ ~ ~ ~ - '0 ~ i1~~~~ ~ F o~~~ :j ~~ -< ~ 2~~ rli, I~ " r 0 ~<.. ,> ~.~~ * g' 21 ~; ~ ~ ~ ~@~ ~.~ I! ~ ~~R _ .m ~~R ~ r- 0 " ~~. ~~ :l" R : ffl <- :;j 1\ ~ a~ IX j " ~: : !t~jj filii ,I: ~'~!f ,.\., ., . ' , : "- I. ~ Ii ~, ::l i: ~ Ii, '6 ,,' VI n '" ~ ~ ~ II (]> ~ q ~ " ~ ~~ ~ II I 1m"! I tr'w 7 High Ridge PUD m~ IflJ ~g 0 Ipl ;., .~. i i ~ .' 0 I" I , jll!1 ~ ~h . Ujii ~OJ=- , l .IH~ll New Urban Communities I"~ ~ ! 0 ~~ if::!' ~ III 01 i i !,. .- :l C H , ,. Boynton Beach, Florida E ' .l ()Q.... I if . EXHIBIT "B 1" '---------- -- O'tlO'd b3NIV\' ~J :'L, , , I ~ I' ~ I.,. ,,' I ~~,'< -, /\11 -. ! 1 ~ i' ! I:, . " , i\' ;;=oe ~~ -=-. ~ .... ~ II ~ 8; ~ , J:~ ~.. , 5f ~~,~ II I ): I I) ~ !','o, I ',." I II ~~~: " ; I'~~ ~ i/,ij~. * /~ 'f~' :'I~' Ir':l "~ I ~ '~ I'll" ~ r ~I!II'WI ' I jlul ' , High Ridge PUD ~~g' qJ~ :r: (J 0 j e ~_~i }I)lli Qj 1: ~o 11'" 1 ' I 7"'".... ~. ~ CD 0 lj.)1 ~! 'n:"1 ~! ~i ~. [ ~....... Ilil;~ "~ I. -i I ] "I New Urban Communities ~I' g , _. CD 111 '" ~t j i p; ~j:lC II ~. ~ ~~ liIH~i~l~ ~ ! Boynton Beach, Florida o ao."'" x; ,~ I " EXHIBIT, "B2" I U'l () Qj ~ ~ " .. w q E ~~ 'm" ! ~~i'lll! z r , High Ridge PUD ~H~ flli ~g 0 Ij'J ;., I . ~ I" g ~" . Ull ~O)=- jll!1 ~ H IHI!U~ New Urban Communities ll'~ ~ ~ -E J; 5' CD III 01 ~; g ". s c: II ~, Boynton Beach, Florida ~ i OQ '"'l ~; i , lOOl I ~ I ~ ~ IiI . I, G I I'. ,. :! ;.... h ~ i: : 'I :1 . i~1 I' il " J ~ GBI , :! ? 0 i: " 'I J ~ " li( 1 (~} I. ? J J fHfrf ill " ,! . 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II Jd J.t LOT:_ ii grx 8 HIGH RIDGE PUll Inn. o I[ ::: lilFll CITY OF BOYNTON BEACH, FLORIl),\ Ii tii I i by: NEW URBAN HIGH RIlGE, u.c. .1 I::XJjJ6JT "8_5" I -clIJ- m BDDDD [[E , 0000 II !: []DDDD ::a ~ODDD ~ DODD m l m 80000 r- ~ : DODD '-l 0000 ~ I u ~; I ci ) ~-:1' 1 -~ I I i Ii i l~ ~ m , [Dal~ ,. ,I I " 'I J ~ ~ ~ II I 0 0 IIi ) I Q! _Blu! 'i ~ I m I Ih ~ id II I I I~I mi II .." l , : M I -<II:> : 8j rnJ II~ ~~ k 'W ~iWI . " jt:H. n . . .. rn .-r l ~.U)ID ci r- m ~ m ~ -t o Z ci ~ I~ J ~ I I~ I ~ ',', ~ ,! , '~'I ~J l J ,. I' .e '~ o I~ ~ !~ I~ J~ I~ ;1 'I ~ o 0 9. >1 '" mOo ~l frf f I ~ I CJ~/l) g rli Id[ J. f ~r?>~~O tJj I g I ~~::j I MODEL I - 30 - FLORIDA GEORGIAN ElEVATION "C" lOT: HIGH RIDGE PlJD CrlY OF BOYNTON BEACH, FLORIDA by: NEW URBAN HIGH RIDGE. L.L.C. DB ilr"""'1C:Jn LWD1U I B El~I~ [! I~ I !~ :~ I !I i'l Ii ~ :~ ;1 J J ~ II 0 .~ fUlif . ! ... '0- ( ~nn! ii ; ~ t ~ HIBn "Htj" ..tt. i m m 8m II h .:z:t :~ :~ lW II I III ill I ~Ii In I Iii IU III , , I , , m I ~ ~ 1 J J I mill ~.ll n'll I 'Bti i i !iir i 'I~_~ I jll F! ;M I !lk~ ~ j I d Illi~1 'Iit~ l~ ;~ ' . . · 11~li . ii~d B !h!hi -!I! I ;Ii!h ~f:M, '.'j, !~ '~~. .,' li~ .[8] .., ~ ~ , z ..... p:! rLmJ ~ ~[E] ::! ~ ~ :Ii! t ... j ;!1jm ~ : lLEBJ m I ~ ' :::l I ~ :Ii! I III~ '""iii '.. I i~~ ~ ~ ~ ~WJ I~~ Ii ~ ~ ml ~. frr f J. ~ Ii I~ (J) I , I :~ ~ J I ~ J ~ ~ J J I ~ I~ ~ J J J ;1 fIJlif '~I " ~ i' n if . J ~ i .. ~i c:I i MODEL I - 40 - BERMUDA :tO~/l) ElEfATlON'A' If ~ ~?;iQ ~RlIXlEPUD ~ ~ fa -l CITY OF 8OI'NTON IlCACH, fUlRJllo\ . rn by. HEW lJlBAN HIGH RIDGE, LLC. =.tXj=7JJ~~~__ :~ lilir=I-" ....1 \~ I' :l- I~I r ~, Ii II mil 1 U!111 ~ ~ ~~Ii I , ;111 - lah i"~ h~' -_ I /" i I ~ ,( , I : ~ iP~lmq ~iiil I J I ijlil~illf JIIII I . .!! ~ ~~l" , '. Iml I !!! ~ \ F I ~", I ~ i ~. ,H~r': nIl ! 8 '" ~I~ I ~ ~ ~~ ,i ~ "<< f ,i -c~ I iu~!~m~ iU~~ 111 it II. 8i.~~lil!j! !i!i~ II : ~ ... I i'.~ <J>- I I I <J>- ~DDDO : DODD DODD ~ ,8BBB l!l []DDDO ~ iODDDO i5 IDDDDD z l 1.... l ~ I <J>-' I r:..~ i [83] B3J / Illl i~~ i ~ ~ I 1 !! I, ,~ ~ 'I 'I l l ~ J B3J ~ II !Inln IIi T J J) I /~ ill i ~ i II i~ll !I~i~ i I "8cit:~'1 i I'!li 'I j ! ..~~ 'itl!' I 'i'[}' ~: ",' I ~ II /" ;" I I ( .. ;:;, ~ip '. q;~lil ~ I i I I ~ 'il~! -- Ii' Ii ij a~d ~. ~~ m, ~ ~ -k-ldit;. .~ t i.~ I .----. I I I I I '~Ii !!l r Iii ~. ml II Uli~il! ~~~d I ~h~,' !I ~II~ I !I~~ ~ (,c, ,~..~ o~., 'v,' ~I~ IT' ~ .:"0. ~I~ 'I V I, ~ ((. '\ '!~ rn~ lip ii~'i I~ r-GJ_1 ~ ~! H~l ; ml I, I' "TI ~ :z -I p:! ~ :::l ~ ~ ;n 15 :!i m !;2 ~ ~ ----------. ill !i~~; Il 11 ~ I II .- ~ l J 1 MODEL I - 40 . ANGLO CARIBBEAN > c:l I ~ I ~s:~ ~ATION'Il" !:: f?'1 :I:?r'i ~ HIGH RIDGE P1JD ~ t!l fll-l CITY OF BOYNTON 8EACI\ FLORIDA ::: i"'rn ~ III1 h II I' 1 ~~ \O~ '. '. u I ,~ ~ i5~~~" " ~ ~"i J ~ i rrf f I g Ii Id[ J.t ~ I I I: I' ,~ ,I :1 " :1 J ~ ~ ,~ lUFf . · i ... if i !IH 'I II ~ i I I :1 iW ~ i A. )> i w by: NEW URBAN HIGH RIDGE, L.L.C. I ~DDDO : DODD DODD ~ ,88BB m 100000 ~ EJoooO ~ ~ogoD, cj 1 -cp.' I ~ J II h .~~ ~ ~ !tW l !i ~ J J J I II !Ii i m Iii I 1 1 I , ,,, , ~ m r- ~ '-i (5 :z cj If I i 1\ ~1 I! Iii \ !Ill! lW -; J ~ ~ l!lj ~ !;2. r r f · ~ I o>~ ~ Ii Id J- t gl?'~~o ~ I [ :: I ~~::j ~ j ~ ~I I . i~ ~11I1:il !I~U J l~" :ii'ii;; i . ~ 0.'. '"IU Wi"1 · . , ; i i i Jij!l, ~j .w", - h 11I;~l :~~. I~ ~njl n Ulrl~11 i~~d, !hJ hi i'" mI ~ii!<< n!'~ il [J i!\~ ~ g II ! ~ih -- l I i ;j .J1i.o. i [JOEID m m I I ~!m p:I I ~ ~ I cj I :~ I~ J III1 '..Ill '. I ill CAnlt:S11 "I:S~" I ~ ~ ~ J '~ J ! II fUIlf . ~ t if pl'H Ii I . J I MODEL I - 40 - FLORIDA GEORGIAN ~ATION 'C" LOT: HIGH R.IDGE P\JD CITY OF BOYNTON BEACH, FlORJIlI\ by: NEW URIIAN HIGH RIDGE, lLC. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. License Deputy City Cl." PROJECT NAME: 500 Ocean (fka The Arches) APPLICANT: Boynton Ventures I, LLC ------- APPLICANT'S AGENT: William Bloom with Holland & Knight AGENT'S ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007 TYPE OF RELIEF SOUGHT: Request a one (1) year time extension of the major site plan modification (MSPM 05-008) and height exception (HTEX 05-006) to September 6, 2008 LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The AppliCjmt 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: la-~'-07 S:IPlanningISHAREDlWPIPROJECTS\ARCHES @ BBISPTE 07-012IDO.doc EXHIBIT 'fe"~ Conditions of Approval Project name: 500 Ocean (fka The Arches) File number: SPTE 07-012 Reference: DEP ARTMENTS I INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES I Comments: None X i ! FIRE I ! ._-- Comments: None X I ! POLICE I Comments: None X i ENGINEERING DIVISION I ; ! Comments: None X I ! BUILDING DIVISION I I I Comments: None X j I I I PARKS AND RECREATION I ,,-...-- Comments: None I X I , i FORESTER/ENVIRONMENT ALIST ..,- I I Comments: None X I PLA..~NING AND ZONING I .--- ! Comments: i : , .-....- ! i l. The time extension is subject to the original Conditions of Approval. I X ! I ..__.---J 500 Ocean (fka The Arches) SPTE 07~012 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. ~ S;\Planning\SHARED\WP\PROJECTS\ARCHES @ BB\SPTE 07-012\COA.doc Exhibit "A" - THE ARCHES Location Map . 110 55 0 r"""\""",...._ 110 220 330 440 I Feet l' w+.i E \ ~ EXHIBIT B November 6,2007 The Arches Time Extension Additional Justification The following statement provides additional justification to the City to support the applicants need for a time extension for the project known as the "The Arches" located at 500 Ocean Avenue. The current market conditions are a major factor in the stalling of the project. The applicant has been working on creative solutions to this problem in order to make the project move forward and begin beginning construction. After some analysis of current market conditions, the applicant is moving forward with a luxury rental project instead of the previously proposed condominium units. There is a need for upscale rental units within the City of Boynton Beach. With the potential conversion to rental come minor mechanical, electrical, and plumbing modifications. The applicant has currently put the construction plans out to bid for these modifications and intends on beginning this modification process within the next several months. Below details the list of proposed construction changes that the applicant is proposing: Architectural Value Engineering Changes: . Eliminated 1 floor of the parking gara~e o Amenity deck is now on the 51 floor rather than the 6lh o 6'h floor residential is now identical to floors J'h _15th o Exercise room and Party room are now located on 5th floor. o Unit number will change from 356 to 362, addition of 6 units . Reduce size of Amenity deck o Stair C-3 has been eliminated o 'Storage room' to replace stair C-3 on roof deck to maintain symmetry o Maximum occupancy for smaller roof deck: 625 occupants o Maximum occupied area for smaller roof deck: 19,000 square feet . Eliminated building 'D' retail (2-Story) o Northwest corner of parking garage was redesigned to accommodate two loading docks. (1 st floor) o Northwest side of plaza where building '0' used to sit will require a new landscape layout. . Trellis and associated planters on the 151 floor have been eliminated from parking garage fayade . Glass canopy has been removed from first floor at northeast and southeast corners of retail . Eliminated high ceiling and curtain wall system in corner units on 5th and 15th floor. o Roof slabs at both 5th and 15th floor are continuous all the way to corners. o Slab still projects 2'-0" past parapet at corners o Glass balcony guardrail sitting on concrete curb at corners where curtain wall used to be. Structural VE ChanQes: Change foundation system from augercast piles to vibroflotation. The applicant feels that progress continues to be made in order to keep the proposed project moving forward in a market that is currently unfavorable towards residential development. The applicant respectfully requests the approval of the requested time extension.