Minutes 03-18-08
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON MONDAY, MARCH 18,2008 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
James Cherof, City Attorney
Janet Prainito, City Clerk
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Rev. Greg Fitch, Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay
Mayor Taylor called the meeting to order at 6:32 p.m. followed by the invocation given by
Reverend Greg Fitch, Police Chaplain. Commissioner Woodrow Hay led the Pledge of Allegiance
to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Commissioner Hay moved to approve the agenda. Commissioner Weiland seconded the
motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Hay reported his trip to Washington, D.C. for the National League of Cities was
very enlightening and suggested a library be created in the Commissioner's office so the
information received could be shared among the Commission. Mayor Taylor, who had also
attended the conference, concurred with Commissioner Hay.
Commissioner Hay requested the Fire Department share their plans for the training exercise and
controlled burned planned for a property at 103 NE 4th Avenue. William Bingham, Fire Chief,
explained controlled burns were being set up for training purposes, especially for the five new
firefighters participating in orientation. Many scenarios would be utilized to demonstrate the
concept of saving your own for the safety of the firefighters and enhance investigative
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March 18, 2008
techniques. Hopefully the building could be used through September for ongoing training
exercises. It would eventually be burned down and the owner would then haul the debris
away. Vice Mayor Rodriguez indicated he had attended a controlled burn last year and
encouraged others to do so. Mayor Taylor related his experience as an actual participant and
agreed it was an excellent training opportunity for the firefighters and learning opportunity for
others.
Commissioner Ross advised she had visited the green living building in downtown Lake Worth
and encouraged others to do the same. She was impressed with the facility and hoped the City
of Boynton Beach would make every effort to include green construction materials and design.
Commissioner Ross also announced the Boynton Beach Regional Orchestra would be holding its
final concert of the season on March 22, 2008 at 7 p.m. at Boynton Beach High School.
Mayor Taylor mentioned during the recent trip to Washington, D.C. they lobbied the
representatives in four areas of concern, being the issue of gangs, the Boundless Playground,
funding for a green police facility and the portable command center. The representatives
explained it was a tight budget year and they hoped the election would provide more revenue
streams for the many projects.
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS
A. Announcements:
1. Announcement by Kathy Biscuiti, Special Events Coordinator, of the
upcoming Oceanfront Concert to be held on March 21, 2008 featuring the R
& B music of Tony Thomas and the Totall Kontroll Band.
Kathy Biscuiti, Special Events Manager, announced the free concert to be held on March 21, 2008
at Oceanfront Park and encouraged everyone to attend and enjoy the entertainment.
Ms. Biscuiti also advised a special Heart of Boynton meeting would be held on Wednesday, March
26, 2008 at the Carolyn Sims Center to discuss the progress involving the Martin Luther King
corridor and Ocean Breeze project, plus the new CRA police force. There would also be an open
house of the new home built in conjunction with the Habitat for Humanity program.
2. Announcement of change in location of the April 1, 200S City
Commission meeting to be held at Boynton Beach Community High
School, 4975 Park Ridge Boulevard, commencing at 6:30 p.m.
Mayor Taylor announced the next City Commission meeting would be held at the Boynton Beach
Community High School. It would give the school the opportunity to showcase many of its
programs and students.
B. Community and Special Events:
None
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C. Presentations:
1. Proclamations
None.
2. Presentation by Ms. Janine Rogers, Community Relations Director of
Communities for a Lifetime, on an initiative for the Florida Department of
Elder Affairs' Communities for a Lifetime program. (Proposed Resolution
No. ROB-033)
Denise Chamberlain, Chair of the Senior Advisory Board, made a statement with reference to
the purpose of the Communities for a Lifetime program and introduced Ms. Janine Rogers,
Community Relations Director of the Communities for a Lifetime initiative. She indicated the
program uses existing resources to make crucial improvements for a higher quality of life for the
betterment of the residents and the community as a whole. There was a request that a resolution
be passed supporting the initiative. If passed, a committee would be formed to perform a needs
assessment for seniors and create a master plan.
Janine Rogers, Community Relations Director of Communities for a Lifetime, advised her
organization would be available to work with the City to assess the needs and develop the
program. Ms. Chamberlain suggested the committee could include one member from each
advisory board that would assist in conducting the needs survey.
Mr. Bressner advised staff had not reviewed the program to develop an action plan for
implementation. Mayor Taylor offered it appeared to be a good program and staff resources
would need to be organized first.
Motion
Commissioner Hay moved to approve Proposed Resolution No. R08-033. Commissioner Ross
seconded the motion.
Vice Mayor Rodriguez wanted to see the plan developed by staff before voting on the program.
Commissioner Hay noted 100 cities already supported the initiative. Mr. Bressner cautioned a
great deal of information would need to be gathered and the mechanism to do so had yet to be
developed before a survey would even be created. Commissioner Ross felt the City should join
other cities who had initiated the program.
The motion passed unanimously.
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>
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Sherry Johnson, Executive Director of the Community Caring Center, gave an update on the
success and proceeds from the Hunger Walk. There were more walkers and $5,500 had been
raised. The purpose of the walk was to bring about awareness of the fact that Palm Beach County
children are higher than the national average that does not know the source of their next meal. It
also stresses the need to create a healthier lifestyle. Ms. Johnson was impressed that three
homeless individuals had been assisted in achieving stability and employment. These individuals
had returned to assist in raising funds for others in need.
Mayor Taylor complimented everyone involved and emphasized the goal was to assure no one
was left hungry.
Kevin Scully, 941 Brookdale Drive, expressed his gratitude to the Fire Department for their
assistance during a recent fire at his business and attributed the quick response to the fire station
being built on Federal Highway. Mr. Scully opined he was proud to own a business in Boynton
Beach.
Warren Timm, 130 NE 26th Avenue, recalled campaign promises to establish an independent
CRA board and requested a progress report on those efforts. He also requested the City Attorney
research the impact on the property owners in areas designated as brownfields. Mayor Taylor
advised there would be further discussion before both the CRA board and the Commission.
John McGovern, 2620 Spiceberry Lane, called for more police intervention along Congress
Avenue to curb racing. He also questioned the effectiveness of the online citizen's inquiry form
since he had yet to receive an answer to any of his concerns. Mr. McGovern also discussed the
traffic sign relating to U-turns along Woolbright Road and in front of the Quail Run development.
He suggested the current sign was ineffective and an alternative should be assessed and the
signage changed accordingly to prevent further accidents.
Mayor Taylor responded the Police Department has increased patrols along Congress Avenue and
would continue to address the problem.
Herb Suss, 1711 Woodfern Drive, commended the Commission for their efforts in saving Galaxy
Elementary School. Mr. Suss was proud to hear the Commission mentioned recently in a class
room studying local government. Mr. Suss also advised a CERT program would commence in April
2008 and he hoped there would be many new participants. He also suggested a traffic light signal
would be a solution for the sign problem previously discussed in front of the Quail Run
development.
Mayor Taylor emphasized only the traffic count is used to determine the need for traffic signals
and Woolbright Road did carry enough vehicles to warrant a signal.
Victor NOrfus, 261 Palm Drive, reported the need for the bathrooms at Sara Sims Park to be
made operational again, along with working water fountains for drinking water.
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
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A. Appointments
Appointment
To Be Made
Board
Length of Term
Expiration Date
Mayor Taylor
Arts Commission
Alt
1 yr term to 12/08
Motion
Mayor Taylor appointed Anderson Slocombe to serve as an alternate on the Arts Commission.
Commissioner Hay seconded the motion. The motion passed unanimously.
I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10
II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10
IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (2)
Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08
IV Ross Code Compliance Board Reg 3 yr term to 12/10
II Hay Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
IV Ross Community Relations Board Alt 3 yr term to 12/10
Mayor Taylor Community Relations Board Alt 1 yr term to 12/08
Weiland Education & Youth Advisory Board Reg 2 yr term to 12/09
Motion
Commissioner Weiland appointed Lesha Roundtree to serve as a regular on the Education and Youth
Advisory Board. Commissioner Ross seconded the motion. The motion passed unanimously.
IV Ross Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3)
Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3)
III Rodriguez Library Board Alt 1 yr term to 12/08
IV Ross Library Board Alt 1 yr term to 12/08
III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/08
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08
Motion
Commissioner Hay moved to table all other appointments. Commissioner Weiland seconded the
motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
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the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - March 5, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. (Intentiona//y left blank)
2. Approve pre-purchase of a Chlortee CT-1500 Hypochlorite Generation
system as manufactured by Severn Trent, consisting of three 1500 pound
per day hypochlorite production units, with all necessary appurtenances
based upon pricing furnished to the South Central Regional Wastewater
Treatment and Disposal Board.
C. Resolutions
1. Proposed Resolution No. ROS-034 RE: Approving and
authorizing execution of an agreement with CGI Communications to
produce a promotional video for the City website at no charge.
2. Proposed Resolution No. ROS-035 RE: Approving and
authorizing execution of an agreement with GHD Consulting, to execute
Task Order No. U08-1, Utility Department Asset Management Program in
the amount of $23,760 to assist the Utilities Department in developing a
road map for implementing an Asset Management Program.
3. Proposed Resolution No. ROS-036 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and the Coastal Bay Home Owners Association to provide for
police enforcement of traffic violations on private and limited access
roads within the Association's area of control.
Vice Mayor Rodriguez pulled Item VI.C.3 for discussion.
4. Proposed Resolution No. ROS-037 RE: Approving and
authorizing execution of an agreement between the City of Boynton
Beach and the Fosters Mill Home Owners Association to provide for police
enforcement of traffic violations on private and limited access roads
within the Association's area of control.
Vice Mayor Rodriguez pulled Item VI.CA for discussion.
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March 18, 2008
D. Approve the written report to Commission of purchases over $10,000, yet less
than $25,000 (bid threshold) for the months of October 2007 and February 2008.
E. Approve payment for the urgent repair of 275 linear feet of 18" wastewater main
on N. Seacrest Blvd. and NW 19th Avenue in front of Master Lift Station #309, in
the amount of $59,475.96.
F. Approve payment for the urgent repair of 175 linear feet of 18" storm water main
to the community of Skylake to Chaz Equipment in the amount of $44,300.
Motion
Vice Mayor Rodriguez moved to approve the Consent Agenda items with the exception of those
pulled for discussion. Commissioner Weiland seconded the motion. The motion passed
unanimously.
VI.C.3.
Proposed Resolution No. ROS-036 RE: Approving and
authorizing execution of an agreement between the City of Boynton Beach and
the Coastal Bay Home Owners Association to provide for police enforcement of
traffic violations on private and limited access roads within the Association's area
of control.
Vice Mayor Rodriguez expressed his concern of the possible impact on the Police Department to
do extra patrols. Chief Matt Immler explained the agreement complies with the State Statute
for the authority to issue citations. There would be no additional requirements on the Police
Department. Commissioner Hay inquired if the homeowner associations would be responsible
for proper signage. Chief Immler indicated there was a requirement on the association to
install and maintain traffic signs in accordance with the Uniform Traffic Control Device
regulations.
Motion
Vice Mayor Rodriguez moved to approve Item VI.C.3. Commissioner Hay seconded the motion.
The motion passed unanimously.
VI.CA.
Proposed Resolution No. ROS-037 RE: Approving and
authorizing execution of an agreement between the City of Boynton Beach and
the Fosters Mill Home Owners Association to provide for police enforcement of
traffic violations on private and limited access roads within the Association's area
of control.
Motion
Vice Mayor Rodriguez moved to approve Item VI.CA. Commissioner Hay seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
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March 18, 2008
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Description:
Seaview Park Club (SPTE OS-003)
Jason Mankoff of Weiner & Aronson, P.A.
Jacksonville Landco, LLC
1620 North Federal Highway
Request for a third one (1) year site plan time extension for the
construction of 64, three (3) story townhouse dwelling units,
approved on February 15, 2005, thereby further extending second
site plan time extension approval from February 15, 2008 to
February 15, 2009. (Tabled on March 5, 2008)
Motion
Commissioner Weiland moved to remove Item VIlLA. from the table. Commissioner Hay
seconded the motion. The motion passed unanimously.
Attorney Cherof administered an oath to all those intending to testify on any public hearing
issues and offered a brief explanation of the procedure to be followed.
Gabriel Weubben, Planner, reviewed the request for an extension through February 15, 2009.
Planning and Zoning had received the request prior to the expiration of the second site plan
extension. Since then the original developer had withdrawn and the current owners have
continued to develop the site. In the requested time period, the developer could re-evaluate
the project and get the necessary permits. The infrastructure and dock facilities had been
completed and the permit fees had totaled $17,500. Staff recommended approval of the
request with all the conditions of approval previously cited.
Jason Mankoff, Attorney for the owners, indicated the owners were in agreement with all the
conditions of approval
Mayor Taylor opened the issue for public hearing.
Terry Woodworth, 685 NE 15th Place, an adjoining property owner, alleged the neighboring
property owners were pleased with the project and supported the new owner. The new
developer appeared to be a good neighbor.
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Motion
March 18, 2008
Commissioner Hay moved to approve Item VIlLA. Commissioner Ross seconded the motion.
The motion passed unanimously.
B.
Project:
Agent:
Owner:
Location:
Descri ption:
c.
Project:
Agent:
Owner:
Location:
Description:
Sunshine Square (ZNCV OS-002)
Arianne Nielsen, Land Design South
Woolbright Sunshine, LLC
Sunshine Square Shopping Center (southwest corner of the
intersection of Federal Highway and Woolbright Road)
Request for variance approval for relief from the City of Boynton
Beach Land Development Regulations, Chapter 2. Zoning, Section
11.H.16.d.(2.) requiring 749 parking spaces to provide 677
parking spaces; a variance of 72 parking spaces, to allow
modifications to an existing shopping center within a C-3
Community Commercial zoning district.
Sunshine Square (COUS OS-OOl) (MSPM OS-002)
Arianne Nielsen, Land Design South
Woolbright Sunshine, LLC
Sunshine Square Shopping Center (southwest corner of the
intersection of Federal Highway and Woolbright Road)
Request for conditional use approval for a drive-through
restaurant and a major site plan modification to convert an
existing freestanding bank building of 1,436 square feet to a
drive-through restaurant; reallocation/relocation of existing
square footage on site to construct a bank of 4,280 square feet;
and related parking lot improvements.
Kathleen Zeitler, Planner, reviewed the request and noted the Square was going through much
needed landscape changes and improvements. The renovations would require a major site plan
modification and a variance of 72 parking spaces. The plans would update the Sunshine Square
and the applicant had agreed to all the conditions of approval. There currently exists a deficit
of 72 parking spaces which was not the result of any action by the applicant. The enhanced
site plan modification would improve the safety of the vehicle flow and maintain the status quo
with 72 parking spaces. Staff recommended approval, as did the Planning and Development
Board.
Commissioner Weiland divulged he had met with the applicant, as did Mayor Taylor and
Commissioner Ross.
Bob Bentz, of Land Design South, located the property and advised the applicant had bought
the property 18 months ago and improved the landscaping and began renovating the Center.
Mr. Bentz outlined the request and advised the entrance would be modified in conjunction with
the development to the north of the Sunshine Square plaza. A drive through restaurant would
be added and a new bank building would be built consistent with the existing structures. The
applicant did agree with all the conditions of approval.
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March 18, 2008
Mayor Taylor opened the issue for public hearing.
Herb Suss, 1711 Woodfern Drive, inquired if the new drive through restaurant would eliminate
the Boynton Diner currently on the site. Mayor Taylor responded the Boynton Diner would
remain.
Mark Karageorge, 240A Main Blvd., commended the developer for their initiative on the
property. It was a much needed improvement to the area.
Vice Mayor Rodriguez expressed his opinion that when completed, the Square would be a
fabulous addition to the City and specially the corner of Woolbright Road and Federal Highway.
Mayor Taylor agreed and he felt the parking variance would have little or no impact.
Motion
Vice Mayor Rodriguez moved to approve Item VIII.B. request for a variance. Commissioner
Ross seconded the motion. The motion passed unanimously.
Motion
Vice Mayor Rodriguez moved to approve Item VIII.C. conditional use approval and major site
plan modification. Commissioner Hay seconded the motion. The motion passed unanimously.
D.
Project:
Agent:
Owner:
Location:
Descri ption:
Brick House Billiards (COUS OS-002)
Michael MacMullen
Michael MacMullen
Boynton Lakes Plaza, 4760 N. Congress Avenue
Request for conditional use approval to allow for a bar/lounge as
accessory to a billiards hall within an existing commercial plaza
zoned C-3, Community Commercial.
Mr. Weubben reviewed the request for a conditional use change to include a full liquor license.
He noted the change would not make a significant impact on the establishment including
signage and noise levels. It was stressed that any further expansion would require further
approval. Staff recommended approval.
Mike MacMullen, owner, felt the request was necessary to maintain his business and continue
to be profitable. He was in agreement with all the conditions of approval.
Commissioner Ross acknowledged the establishment was within District IV and many residents
welcomed the change.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
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Regular City Commission
Boynton Beach, FL
March 18, 2008
Motion
Commissioner Weiland moved to approve Item VIII.D. Commissioner Ross seconded the
motion. The motion passed unanimously.
E.
Project:
Land Development Regulations (LDR) Rewrite, Group 4-
Part II (CDRV 07-004)
City-initiated
A portion of Group 4 deliverable, pursuant to the LDR Rewrite
Work Schedule, which includes Article III, Exterior Building and
Site Design Standards. This proposed section will ultimately
replace and enhance portions of the current LDR Part III, Chapter
2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review),
Section 8; and Chapter 9 (Community Design Plan), Sections 1, 2,
4, 6, 7, 10 and 11.
Agent:
Description:
Mike Rumpf, Director of Planning and Zoning, noted the aspect of the Land Development
Regulations Rewrite encompassed exterior building and site designs in addition to landscaping.
These aspects were very visible and created an image for the City. The proposed changes
added graphics into the Code and added subjective standards dealing with appearance. There
was more narrative to provide explanations such as regulating colors for compatibility and
utilizing building accents rather than create features with colors. Big box retail regulations were
included envisioning giant power centers with parking garages to better use space. The rewrite
distinguished between suburban and urban environments to address special needs.
Mayor Taylor opened the issue for public hearing.
John McGovern, 2620 Spiceberry Lane, suggested the planning was endorsing less green and
a balance between green and development was needed. Mr. Rumpf responded sustainability
had been addressed in the new regulations.
Motion
Commissioner Hay moved to approve Item VIII.E. Commissioner Weiland seconded the
motion. The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Direct staff to prepare draft ordinance to update the Code of Ordinances,
Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24 Single Family
Residential Refuse Collection to change weekly collection requirements to allow
disposal of unlimited amounts of bulk trash and landscape debris. (Tabled to
March 18, 2008)
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March 18, 2008
Motion
Commissioner Ross moved to remove item IX.A. from the table. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Jeff Livergood, Director of Public Works and Engineering, explained there was a concern
regarding the length of time and amount of debris along the roads. Currently 2 cubic yards of
vegetative materials would be accepted at no additional cost. Most residents comply with the
regulation and every effort is made to work with the homeowners for subsequent pickups. The
goal is to improve the aesthetics of the community. A problem arose in the collection process
of additional fees and the debris remaining on the side of the road requiring intervention by
Code Compliance. Staff recommended removing all the materials to improve the appearance
and offset the cost of additional tipping fees by adding a $.25 increase to all residents. The
homeowner would be given a chance to remove the additional debris within 24 hours and put it
back out on the regular collection day or pay an additional fee of $50.
Vice Mayor Rodriguez commended staff for their recommendation and efforts to beautify the
City of Boynton Beach. He inquired if provisions were made for those who would abuse the
regulations and place large amounts of debris on the street on an ongoing basis. Mr. Livergood
felt confident the $.25 increase would cover those costs.
Commissioner Weiland indicated he was very concerned with the additional cost of staff,
equipment and fees and the impact on the residents. Many residents have little or no trash and
live in communities where any trimming or cuttings were taken away by landscaping
companies. Those individuals would be paying extra for a service that they would never use.
Vice Mayor Rodriguez countered that there are many services the City offers that he does take
advantage of and his taxing structure is the same as all other residents. The residents have to
pay to keep the City cleaned up.
Mayor Taylor advised he was proud of the Public Works Department that went above and
beyond their jobs to improve the City of Boynton Beach. He agreed all debris should be
collected and the $.25 a month added to the rates.
Commissioner Hay contended the 2 cubic yard measurement was too subjective and the debris
was eventually picked up anyway. He supported the recommendation of Mr. Livergood.
Commissioner Hay suggested the residents be educated on the new rules and allow a grace
period in the early stages of the implementation.
Mr. Bressner suggested the recommendation be applied for a year and a report be given at the
end of the year on the success of the new regulations.
Commissioner Hay questioned if there was any process for those who refused to pay the
additional fees for large pickups. Attorney Cherof advised the refusal to pay would result in
court action as with any amount owned to the City and not paid.
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Boynton Beach, FL
March 18, 2008
Motion
Commissioner Weiland moved to approve Item IX.A. Commissioner Ross seconded the motion.
The motion passed unanimously.
X. FUTURE AGENDA ITEMS:
A. Discussion of funding electronic agenda software - May 20, 2008
B. Discussion of disposition of Old High School - April 2008 (CRA reviewing in
March)
C. Ocean Avenue - Interstate 95 Project Alternate Access Route Study - April 15,
2008
D. Review new resolution for enclave annexation (Tabled on February 19,2008)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. OS-OOS RE: Approve the
change of the date of the election of municipal officers to the second
Tuesday in March, changing the date of run-off elections, changing the
date for taking office and amending sections 15, 138, 139 and 141 of the
Charter and section 2-1.2 of the Code of Ordinances as appropriate.
Attorney Cherof read Proposed Ordinance No. 08-005 by title only on first reading.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-005. Commissioner Ross
seconded the motion.
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March 18, 2008
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
None
E. Other:
1. Request by 1425 Gateway LLC for waiver of the Planning and Zoning and
City Commission hearings for approval.
Attorney Cherof advised the applicant wanted to open a charter school in Quantum Park. The
application had been pending for some time and would appear on the agenda for the second
meeting in April. In light of the fact there was a previous charter school near the location; the
applicant requested a waiver of a hearing and to approve the use on the property. The first
charter school was approved in 2003 as site specific rather than a general area or zoning
classification. Attorney Cherof emphasized there was no procedure in place for a waiver.
Commissioner Weiland inquired if staff envisioned any problem that might slow the process
down or delay the hearing in April. Mr. Rumpf advised staff acknowledged the building was
vacant and some use was better than no use of the property. Mr. Bressner commented a
school use would require review as to the impact on traffic, parking and site plan.
Wayne Owens, Principal and COO of the Charter School of Boynton Beach, urged the City to
allow his school to move forward as quickly as possible to bring the school back into the City of
Boynton Beach following its departure a year ago. He stressed there would be absolutely no
cost to the City of Boynton Beach. There was an issue with being prepared to open for the next
school year, if there would be any further delays. He requested as much time as possible to
complete the inside structural work.
Mayor Taylor could not envision any problem with the new proposed site, nor did
Commissioners Weiland and Ross.
Quintus Greene, Director of Development, stressed that schools have a critical path going
through the building process as schools have specific Code requirements to address all safety
issues in relation to children. Mr. Owens admitted no plans had been submitted.
Commissioner Hay and Mr. Bressner stressed there is an expedited review process for permit
documentation that would be available to anyone.
Mr. Rumpf advised the matter would be heard by the Planning and Development Board on
March 25, 2008.
Mayor Taylor declared there was consensus to allow the matter to proceed directly to the
Commission at the April 1, 2008 meeting.
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Regular City Commission
Boynton Beach, FL
March 18, 2008
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:41 p.m.
CfTY OF BOYNTON BEACH
Ronald Weiland Commissioner
m.~
Jan M. Prainito, CMC
. Clerk
(::kL<,Wr; ,'-
dith A. Pyle
Deputy City Clerk
uJ~)L4r-
- dZ;~
~
Marlene Ross, Commissioner
ATTEST:
15
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
oevelooment
~? & Z '
~ Bu\ldillli
Engineering
Occ. LicellM~
Deptlty City Clerk
PROJECT NAME:
Brick House Billiards
APPLICANT/AGENT:
Mr. Michael MacMullen
AGENT'S ADDRESS:
4760 N Congress Ave., Boynton Beach, FL 33426
------------ -
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
March 18, 2007
TYPE OF RELIEF SOUGHT:
Request for conditional use approval to allow for a bar/lounge as
accessory to a billiards hall within an existing commercial plaza
zoned C-3, Community Commercial..
LOCATION OF PROPERTY: 4760 N Congress Ave. (see Exhibit "A" - Location Map)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
.L. 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:
2-a/-
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S:\Planning\SHARED\WP\PROJECTS\Brick Ho "
Exhibit C - Conditions of Approval
Project name: Brick House Billiards
File number: CODS 08-002
, II
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: NONE X
PUBLIC WORKS - Traffic
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments:
caus 08-002 - Brick House Billiards - Conditions of Approval
02/21/08
2
I n
DEPARTMENTS INCLUDE REJECT
l. The subject approval excludes amplified music or entertainment, which would X
require separate conditional use approval for a nightclub establishment. This
excludes accessory music, television or other video entertainment played at
volumes that are equal to or lower than normal conversation levels within the
establishment.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: L.fLmt tU
S:\Planning\SHARED\WP\PROJECTS\Brick House Billiards (Boynton Lakes Plaza)\COA.doc
Exhibit A.1 - Site Location Map
Brick House Billiards - COUS 08-002
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF TH
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Sunshine Square
De.,elopment
P&Z
Bundln9
Eng\neer1ng
Occ. License ...
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APPLICANT'S AGENT:
Arianne Nielsen, Land Design South
AGENT'S ADDRESS:
2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409
DATE OF H~ARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008
TYPE OF RELIEF SOUGHT: Conditional Use / Major site plan modification approval for a 1,436
square foot drive-through restaurant and a 4,280 square foot bank
within a C-3 zoning district.
LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach
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:
DATED:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
.~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
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
m.A
S :\Planning\SHARED\WP\PROJECTS\Sunshine Square\
EXHIBIT "C"
CONDITIONS OF APPROVAL
Conditional Use / Maior Site Plan Modification
Project name: Sunshine Square
File number: COUS 08-00 I, MSPM 08-002
Reference: 2nd review plans identified as a Conditional Use / Maior Site Plan Modification with a February 6,
2008 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - Solid Waste
Comments: NONE (All previous comments have been addressed) X
PUBLIC WORKS - Forestry
Comments: NONE (All previous comments have been addressed) X
PUBLIC WORKS-Traffic
Comments:
l. Provide a notice of concurrency (Traffic Performance Standards Review) X
from Palm Beach County Traffic Engineering.
2. Show all off-site work on the plans, including that to be performed by the X
developer to the north of this project. Ensure that the primary entrance to
the project, located between the new bank building and the proposed
restaurant, lines up with the off-site work (by the Las Ventanas
development) proposed along Woolbright Road.
ENGINEERING
Comments:
3. At the time of permitting, all projects one-acre or larger shall submit a X
Notice of Intent (NOI) to the FDEP for coverage under the NPDES Generic
Permit. Copies of the NO! shall be provided to the City of Boynton Beach
Department of Public Works/Engineering Division and Utilities
DepartmentlEngineering Division.
4. 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.
5. Provide a loading zone for each use (two total). Delineate and stripe the X
"Loading Area" (where applicable - LDR, Chapter 2, Section II.J); include
a pavement message in yellow indicating "No Parking - Loading Zone".
Waiver to size ofloading zones proposed is required.
Conditions of Approval
Sunshine Square CaDS 08-001
Page 2
DEPARTMENTS INCLUDE REJECT
6. 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.
7. Paving, drainage and site details will not be reviewed for construction X
acceptability at this time. All engineering construction details shall be in
accordance with the applicable City of Boynton Beach Standard Drawings
and the "Engineering Design Handbook and Construction Standards"
and will be reviewed at the time of construction permit application.
UTILITIES
Comments:
8. Palm Beach County Health Department permits may be required for the X
water and sewer systems serving this project (CODE, Section 26-12.)
9. 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)).
10. The LDR, Chapter 6, Article IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
hydrants.
11. The CODE, Section 26-34(E) requires that a capacity reservation fee be X
paid for this project either upon the request for the Department's signature
on the Health Department application forms or within seven (7) days of site
plan approval, whichever occurs first. This fee will be determined based
upon final meter size, or expected demand.
12. 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.
13. Utility construction details will not be reviewed for construction X
acceptability at this time. All utility construction details shall be in
accordance with the Utilities Department's "Utilities Engineering Design
Handbook and Construction Standards" manual (including any updates)
and will be reviewed at the time of construction permit application.
FIRE
Comments:
14. The Fire Rescue Department expects to be able to provide an adequate level X
of service for this project with current or expected infrastructure and/or
staffing levels.
Conditions of Approval
Sunshine Square CaDS 08-001
Page 3
DEPARTMENTS INCLUDE REJECT
POLICE
Comments: NONE (All previous comments have been addressed) X
BUILDING DIVISION
Comments:
15. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (T echnical
Advisory Review Team) process does not ensure that additional comments
may not be generated by the commission and at permit review.
16. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
17. To properly determine the impact fees that will be assessed for the project, X
identify on the site plan if the restaurant is a high quality, eat-in high turn
over, or fast food with drive- through type of restaurant. Also, identify on
the site plan the number of existing seats, number of new seats and the total
number of seats provided. On the floor plan, chronologically number all
seats including those seats that are around the bar.
18. A water-use permit from SFWMD is required for an irrigation system that X
utilizes water from a well or body of water as its source. A copy of the
permit shall be submitted at the time of permit application, F.S. 373.216.
19. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application:
. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article II, Sections 26-34)
20. 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.
21. Pursuant to approval by the City Commission and all other outside agencies, X
the plans for this project must be submitted to the Building Division for
review at the time of permit application submittal. The plans must
incorporate all the conditions of approval as listed in the development order
and approved by the City Commission.
22. The full address of the project shall be submitted with the construction X
Conditions of Approval
Sunshine Square CODS 08-001
Page 4
DEPARTMENTS INCLUDE REJECT
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 Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
23. If this project is located within the Downtown Storm water Improvement X
Watershed, appropriate fees must be paid to the City of Boynton Beach
Utilities Department prior to the issuance of a building permit per the
CBBCO, Chapter 26, Section 26-406. Proof of payment shall be submitted
to the Building Division at the time of permit application submittal.
24. An accessible route shall connect accessible buildings, accessible facilities, X
accessible elements and accessible spaces that are on the same site per the
FBC section 11-4.1.2.
25. Curb ramps shall be provided as part of the accessible route between X
buildings and shall comply with FBC section 11-4.7
PARKS AND RECREATION
Comments: NONE (All previous comments have been addressed) X
FORESTER/ENVIRONMENT ALIST
Comments:
26. Conditional Use comment: The remainder of the Sunshine Square site X
should have the landscape and irrigation improvements completed (original
or revised plan) as part of the conditional use.
27. Plant List Sheet L-l All shade trees (Jatropha hastata) must be listed in the X
description as a minimum of 12'-14' height, 3" DBH (4.5' off the ground).
The height of the trees may be larger than 12' -14' to meet the 3" diameter
requirement. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.C.
2.] The landscape design does not include the City signature trees
(Tibochina granulosa) at the ingress / egress areas to the site. These trees
must meet the minimum size specifications for trees. [Environmental
Regulations, Chapter 7.5, Article II Sec. 5.C.3.N.]
28. All shrubs and groundcover plants should have a height and spread X
dimension.
Conditions of Approval
Sunshine Square caus 08-001
Page 5
DEPARTMENTS INCLUDE REJECT
29. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings and parking
lot areas from the Woolbright Road and Federal Highway rights-of-way.
30. Landscape Plan Sheet L-2: The landscape areas should provide a visual X
buffer between the residential property and the commercial site.
3l. Trees should have separate irrigation bubblers to provide water directly to X
the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5.
C.2.]
PLANNING AND ZONING
Comments:
32. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program and must demonstrate their participation.
Submit a completed Art in Public Places application to Planning and
Zoning. Identify on both site plan and landscape plan the location for
public art, and include a detail on plans of the proposed artwork.
33. Revise sheet Al.OI to include building height of each elevation. X
34. The proposed loading areas do not comply with minimum required X
dimensions of 12 feet by 35 feet. A loading area may not be essential to the
operation of the proposed uses of a bank and Starbuck's. A waiver to this
requirement may be submitted to the Engineering Division for their review
and determination.
35. Prior to the issuance of a building permit, a formal Sign Program shall be X
created and submitted for staff review and approval, for all tenant signs,
including those on the rear of the buildings.
36. The Site Plan Modification and Conditional Use approval for this X
application request is contingent upon City Commission approval of a
variance to the number of parking spaces on site.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS
Comments:
None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments: ~
Conditions of Approval
Sunshine Square CaDS 08-00 I
P 6
age
DEP ARTMENTS INCLUDE REJECT
To be determined.
MWR/kz
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\MSPM 08-002 COUS 08-001\COA.doc
Exhibit "A" - Site Location Map
Sunshine Square - COUS 08-001 I MSPM 08-002
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ,- -."'-;-
CITY OF BOYNTON BEACH, FLORIDA ~p o~eiopmllo', (
Bu\ld\nQ
Eng\neerlnQ
~c:;Elc'ef"
PROJECT NAME: Sunshine Square
~----------------
APPLICANT'S AGENT:
Arianne Nielsen, Land Design South
AGENT'S ADDRESS:
2101 Centrepark West Drive, Suite 100, West Palm Beach, FL 33409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008
TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section 11.H.16.d.(2.),
requiring 749 parking spaces, to provide 677 parking spaces; a
variance of 72 parking spaces, to allow modifications to an existing
shopping center within a C-3 Community Commercial zoning district.
LOCATION OF PROPERTY: 501 E Woolbright Road, Boynton Beach
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:
DATED:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The AppliC9flt
~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 App1icalJ.t'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
S :\Planning\S HARED\WP\PROJECTS\Sunshine Square\
- 01 MSPM 08-002\ZNCV for Parking\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: Sunshine Square
File number: ZNCV 08-002
Reference:
DEP ARTMENTS 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
f
Page 2 0 2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. '1U'f'kLi
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\MSPM 08-002 COUS 08-00 I \zNCY for Parking\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Exhibit --A" - Site Location Map
Sunshine Square - ZNCV 08-002
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Wesl Palm Beach Fk>rlCla 3340'
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PROPOSED SIT PLAN
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LAND.
DESIGN
SOUTH .
SUNSHINE SQUARE
PREPARED FOR WOOLBRIGHT SUNSHINE LLC
CITY OF BOYNTON BEACH, FLORIDA
Planning I landscape Archltech.xe
Environmental Sefvices I Transportation
21CT~W"'DI"'.I""OO 'W__~.'" ~
T~:Ul"'1H50\ afalcUl...l.6C12
LAND.
DESIGN
SOUTH
Planning
Landscape Architecture
Environmental Services
Transportation
561-476-8501 . FAX 561-478-5012.2101 Centrepark West Drive. Suite 100, West Palm Beach, Florida 33409
EXHIBIT "0"
Justification Statement
Sunshine Square
Approval of a Parking Variance
Resubmitted February 5, 2008
Resubmitted February 12,2008
On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following:
· Variance request to permit a reduction in required parking
Variance Reauest
The applicant is requesting a variance from Land Development Regulations Chapter 2, Section
11.H.16.d.2 which requires one parking space per 200 square feet of Commercial Shopping Center
space. The applicant is requesting a variance from this requirement due to the fact the existing
shopping center on the property has a parking deficit of 72 parking spaces. Through the proposed
renovations to the site, the applicant has reduced the parking deficit to the greatest extent possible, but
was not able to entirely eliminate the parking shortage due to the constraints presented by the existing
site features.
As further background, in regards to the provided parking, the May 21, 1986 approved site plan
indicates 823 required parking spaces and provides 751 parking spaces resulting in a parking deficit of
72 parking spaces. The proposed site plan modifications have been designed to upgrade the existing
center to several current code requirements for traffic and pedestrian circulation, accessibility, and
landscaping, while not increasing the parking deficit.
At the time of the original site plan approval a portion of the shopping center was utilized as a movie
theatre, which required a higher percentage of parking than an average shopping center use. As this
space is no longer utilized as a movie theater the applicant adjusted the required parking numbers
accordingly, resulting in a requirement of 749 parking spaces for the property. The proposed site plan
provides 677 parking spaces, thus maintaining the existing parking deficit of 72 spaces.
In addition to this reduction, the applicant is currently preparing for future renovations to the existing
grocery store within the shopping center. As part of these renovations, the applicant is currently
proposing the acquisition of an adjacent parcel of land which would permit additional parking to be
provided for the shopping center and aid in reducing the parking deficit.
As required by the Code Variance Application, the justification and assessment of the existing
conditions of the site are as follows:
A. Special conditions and circumstances exist peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures, or buildings in the same
zoning district - Special conditions and circumstances exist on the property as the property
is currently developed as a shopping center with an existing parking deficit of 72 parking
spaces. The intent of this application is to allow the property owner to preserve the existing
shopping center while permitting renovations to the existing buildings and relocation of a
portion of the existing square footage from the vacated movie theatre to provide for a
-financiar institutiort. As the applictfnt is preserving the existing uses 'on site, a special
circumstance is created as the constraints presented by the existing site plan configuration
Sunshine Square
Page 1
February 12, 2008
and the existing parking deficit must be taken into consideration.
B. Special conditions and circumstances do not result from the actions of the applicant - The
above mentioned special conditions are not the result of the applicant as the site is currently
developed as a shopping center with an existing parking deficit of 72 parking spaces. The
applicant has made several revisions to the site plan to improve traffic circulation, pedestrian
circulation, accessibility, and landscaping, but due to the existing constraints could not
eliminate the parking deficit.
C. Granting of 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-
Granting of this variance win not confer upon the applicant any special privileges but will
permit the existing shopping center to be renovated and continue its current commercial
uses.
D. 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 - Literal
interpretation of this chapter would result in undue hardship on the applicant as it would
restrict the function of the existing shopping center. As mentioned previously, it is the
applicant's intent to maintain the existing buildings, while providing building renovations and
overall site upgrades to revitalize and enhance the existing shopping center. Strict
application of this code section would prevent renovation of the site and would create undue
. hardship as it would require large scale redevelopment of the property to meet the code
requirement. As mentioned previously the existing shopping center site plan has a parking
deficit of 72 parking spaces which the applicant is not proposing to increase.
E. Granted variance is the minimum variance that will make possible the reasonable use of the
land, building, or structure - The requested variance is the minimum variance with will make
possible the reasonable use of the existing parking center. The applicant has made every
effort to upgrade the site to the greatest extent possible within the parameters presented by
the existing site plan configuration. Through these efforts several improvements have been
made to increase the functionality, circulation and aesthetics of the property, while not
expanding the existing parking deficit.
F. 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 - Granting of thisvariance meets the intent of the code and
will not be injurious to the public welfare. Through the proposed site plan revisions, the
applicant has strived to meet all requests by city staff and made every effort to bring the site
into conformance with the City of Boynton Beach Code of Ordinances. Overall, these
revisions have resulted in a safer and more clearly defined vehicular and pedestrian
environment, and provided improved project aesthetics. As such the general intent of the
code has been met and variance is not considered to be detrimental to the public.
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 shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property - The
variance the applicant requests does not pertain to minimum lot area or lot frontage
requirements.
Sunshine Square
Page 2
February 12, 2008
Conclusion
The proposed site plan modification and requested variance is considered to be consistent with the
nature of surrounding development and is suitable to the site context, being in close proximity to service
infrastructure, is compatible with surrounding developments and will provide for and better the
surrounding community.
Accordingly, it is considered that the proposal is in the public interest and the Petitioner
respectfully requests approval of the site plan modification, conditional use, variance, and
waiver application. .
P:\247\247.14\LDS Documents\Submittal Documents\Justification Statement\2008-02-13_Variance Justification Statement_247 .14.doc
Sunshine Square
Page 3
February 12, 2008
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Rev i 5ed
Development
P&Z
Building
Engineering
Dec. License
Deputy City Clerk
PROJECT NAME:
Seaview Park Club
APPLICANT'S AGENT: Mr. Jason Mankoff for Weiner & Aronson - Landco, LLC
APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
JUSTIFICATION: SEE EXHIBIT "B" LETTERS 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 App1ic9I1t
:::::::"'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: 19 -6( 1- OB
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 08-003\Seaview Park Club DO.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Seaview Park Club
Development
P&Z
Building
Engineering
~
APPLICANT'S AGENT: Mr. Jason Mankoff for Weiner & Aronson - Landco, LLC
APPLICANT'S ADDRESS: 102 N. Swinton Avenue, Delray beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18,2008
TYPE OF RELIEF SOUGHT: Request site plan extension approval for one year, to construct 64,
three (3) story townhouse units on 3.756 acres in the IPUD zoning
district.
LOCATION OF PROPERTY: 1620 North Federal Highway
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 Applica.Jlt
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
V""'GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
-&,1-08
'm.A
S:\Planning\SHARED\WP\PROJECTS\Seaview
EXHIBIT "e"
Conditions of Approval
Project name: Seaview Park Club
File number: SPTE 08-003
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments:
1. The applicant is to pay all utility reservation fees (water and sewer) before X
permit issuance.
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Seaview Park Club SPTE 08-003
Conditions of Approval
P 2
age
I DEPARTMENTS [ INCLUDE I REJECT I
PLANNING AND ZONING
Comments:
2. The time extension is subject to the original Conditions of Approval. X
3. Prior to issuance of a building permit, the applicant shall submit an updated X
traffic concurrency letter from Palm Beach County.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S:\Planning\SHARED\WP\PROJECTS\Seaview Park Club\SPTE 08-003\COA.doc
Exhibit "Aw, - Site Location Map
Seaview Park Club - SPTE 08-003
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EXHIBIT B
WEINER&. ARONSON, P.A.
AITORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
December 12, 2007
Mr. Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Via Hand Delivery
Re: Seaview Park Club - Request for Extension
OUf File No.: JLLC002
Dear Mike:
This letter is a request for a site plan extension on behalf of our client, Jacksonville
Landc6, LLC, ("Landco") for the project known as Seaview Park Club ("Project"). The
development of the Project was being undertaken by Lennar Homes, LLC ("Lennar") pursuant
to an option agreement. The option agreement held by Lennar was terminated as of July, 2007
at which time our client was assigned Lennar's interest, plans and approvals for the Project.
Since July, 2007, our client has been diligently working to continue development of the site and
secure a building permit for the Project. However, it appears that they will not have secured a
building permit prior to the expiration of the site plan on February 15, 2008. In addition, they
have not had sufficient time to evaluate the product designs assigned to them by Lennar in light
of current market conditions.
Thus, by this letter we are officially requesting an extension to the site plan for a period
of twelve (12) months to allow our client time to effectively evaluate the product and to secure
building permits for the Project.
Although the original applicant, Lennar, withdrew its involvement with the Project, our
client remains committed to moving it forward. The following is a list of accomplishments that
demonstrates our client's good faith efforts:
~ Landco continues to work to complete development of the underlying site in
preparation for vertical construction, including site work and construction of the
dock facilities;
O:\JLLC002\Revised letter to Rumpf re extensiqn ~est.Dec 12. 2007.doc
December 12, 2007
Page 2 of 2
EXHIBIT B
~ Applications for Building permits associated with Building #4 were submitted to
the City in October 2007;
~ Fees paid to date to the City for the above permits total approximately $17,500;
and
~ General infrastructure work on the site is almost complete.
Again, our client is committed to completing the development of the Project, but needs
additional time to perform an effective evaluation of the market and designed product and to
secure building permits for the same. All of this is being done, and a site plan extension is
being requested, in order to best ensure the success of the Project.
If at all possible, we respectfully request that this extension request be placed on the
January 8, 2008 CRA agenda and the subsequent City Commission agenda of February 5,
2008.
Enclosed please find a check in the amount of Five Hundred ($500.00) Dollars made
payable to the City of Boynton Beach. We understand that the applicant is responsible for the
notice requirements. We will fulfill the notice responsibility as required prior to any public
hearings. Please confirm with me the respective dates that this extension request will be heard
so that I can prepare the appropriate notice.
If you have any additional questions regarding the extension request, please feel free to
contact me.
Very truly yours,
~~
~son S. Mankoff
JSM:alv
Enclosure
cc: Mr. Bobby Gardner (via email and regular mail wlo enclosure)
Michael S. Weiner, Esquire (w/o enclosure)
Ms. Ashlee L. Vargo (w/o enclosure)
O:\JLLCOO2\Revised letter to Rumpf re extension request Dee 12. 2007.doc
Jacksonville Landco, LLC
200 s. Orange Avenue, Suite 1900, Orlando, FL 32801
Ph: 407-481-9182 - Fax: 407-849-1496
EXHIBIT B
December 11, 2007
Mr. Michael W. Rumpf
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
RE: Seaview Park Club
Boynton Beach, Florida
Dear Mr. Rumpf,
I wanted to provide you with some information about Jacksonville Landco, LLC
("Landco"), the owner of the property known as the Seaview Park Club project (the
"Project"). Succinctly, Landco has the requisite expertise and intends to develop the
Project. Following is brief description of the company, its current activities with regard
to the Project, and a short resume of its partners.
By way of background, Landco is an entity that was formed to landbank. residential
developments for homebuilders. The partners of Landco are certain principals of The
Hutson Companies ("Hutson") and Prager, Sealy & Co., LLC ("Sealy"). Briefly, Hutson
has extensive construction and development experience, while Sealy has an extensive real
estate fInance and underwriting background, with a growing base in development.
Understanding the risks associated with the real estate market in general, and
landbanking in particular, the Landco partners have planned from the start to utilize their
combined skills to build out the projects that its client homebuilders have chosen not to
complete.
Accordingly, since Lennar's departure from the vertical component of the Project, Landco
has undertaken the necessary steps to continue the development of the site, and secure a
building permit. Landco has not engaged a broker or actively marketed the Project.
As you are aware, Landco submitted a building permit package in order to begin
construction of the fIrst of four residential buildings currently planned. It has been
working with Carr Residential, a south Florida contractor to identify certain components
to be incorporated into the project, as well as prepare necessary shop drawings from
subcontractors that will be utilized in the construction process. Landco has also engaged
Ms. Linda Love of American Realty Consultants to advise it on various aspects of
planning and marketing the Project, as well as to provide a current overview of the
marketplace.
Mr. Michael W. Rumpt
December 11, 2007
Page 2 of2
EXH'BIT B
Weare seeking a site plan extension for a number of reasons, most notably because
additional time is necessary to more effectively evaluate the market and complete
planning for a project that will be successful.
As stated above, Hutson and Sealy, the partners in Landco have the experience necessary
to successfully complete the Project.
Hutson brings extensive development and construction experience. Beginning in 1973,
D.W. Hutson Construction was a pioneer in the northeast Florida homebuilding industry.
With firm roots in the principles of value, convenience and lifestyle, D.W. Hutson
Construction brought forth dozens of residential communities, including more than
12,000 homes. Most notably, the firm is credited with the residential development and
construction of much of Jacksonville's south Mandarin area.
Noted for its environmental sensitivity, exceptional financial strength and its commitment
to developing family-friendly communities, The Hutson Companies currently owns and
is developing projects in Clay, Duval and St. Johns Counties, with total development
rights to over 12,000 single and multifamily homes, as well as over 7 million square feet
of commercial, office and industrial space.
As a complement to the construction experience of the Hutson side of Landco, the Sealy
side brings the underwriting and financing experience of over $5 billion of Florida real
estate transactions. In addition, it is currently in the process of completing development
of a number of communities and is partners in two residential building operations in
Brevard County and Osceola County, Florida.
The continued development of the Project, including its vertical construction, is
consistent with Landco's business plan, as it is consistent with the real estate expertise of
the partners within Landco. Recognizing the nuances of the particular Boynton Beach
marketplace, Landco has engaged the services of those with localized specialties in order
best move forward with the development of the Project.
Weare available to answer whatever questions may arise in this regard, and look forward
to meeting with whomever might be posing them. In the meantime, should you require
additional information, please do not hesitate to contact me.