Minutes 07-15-08
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, JULY 15, 2008 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Woodrow L. Hay, Commissioner
Marlene Ross, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Absent:
Ronald Weiland, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Taylor
Mayor Taylor called the meeting to order at 6:31 p.m. Commissioner Hay gave the invocation.
Mayor Taylor led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
Motion
Vice Mayor Rodriguez moved to accept the agenda as presented. Commissioner Hay seconded
the motion. The motion passed unanimously.
Mayor Taylor stated, for the record, "Commissioner Weiland is out of town and will not be
present. "
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross advised Keith Oswald was the new principal at Boynton Beach High School
and welcomed him to the community. She also noted the previous principal, Kathleen Perry,
was retiring and had been assigned to the administrative offices.
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Commissioner Hay acknowledged the proclamation and program for Mike Rumph, a San
Francisco 4ger National Football League player, who runs a camp in Boynton Beach for children
interested in football and sports. He commended the City officials and staff who made the
event a success and expressed his hope that the program would continue.
III. ANNOUNCEMENTS, COMMMUNITY It SPECIAL EVENTS It PRESENTATIONS
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
None
2. Presentation of $9,592.01 to Laura Lassman, President of Play for
P.I.N.K., from The Links' Annual Play for P.I.N.K. charity golf tournament
benefitting The Breast Cancer Research Foundation.
Dan Hager, Golf Manager, presented Laura Lassman, President of Play for P.I.N.K., with a check
for $9,592.01 representing the proceeds from the 8th annual charity golf tournament. A total of
118 ladies participated. He thanked Danielle Crissinger, Sam Reep and Tommy Durick, the
tournament committee, for their hard work and efforts. Mr. Hager also recognized that Laura
Lassman was a volunteer also.
Ms. Lassman thanked the staff at The Links for their continuing support of the tournament. To
date, approximately $50,000 has been raised for the cause. The organization supports eight
researchers for cutting edge research toward a cure.
Mayor Taylor expressed the City's gratitude for Ms. Lassman's work and a special thanks to Mr.
Hager and his staff for their work to promote the cause.
Mr. Bressner added his congratulations to Danielle Crissinger for having completed her
Bachelor's Degree.
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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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Mack McCray, 806 NW 4th Street, questioned if permission had been given for the signs
posted on the Ocean Breeze property currently owned by the CRA. He also questioned if some
type of solicitation was being done for giving the invocation at the Commission meetings.
Mayor Taylor explained a rotation list was being used; however, availability remains an issue.
Mr. McCray thanked the Recreation and Parks Department and staff for placing the name of
John H. Denson on the pool. The community as a whole appreciated the effort. He thanked
the Mayor, County Commissioner Addie Greene, Chairwoman, and Lisa Bright, Executive CRA
Director for touring Cherry Hill and their efforts in improving the area. Mr. McCray also inquired
why the City logo was not displayed on the flyer for the Intergenerational Event being held,
since City's monies, facilities, and services were being used.
Mayor Taylor advised he had been informed work should commence in the Cherry Hill area
within 40 days.
AI Francis, 1135 SW 24th Avenue, announced the St. John Missionary Baptist Church would be
hosting a Christian Men Ministry, Development and Leadership Conference to be held November
6, 7 and 8, 2008. He requested the Mayor welcome the participants and invited all residents to
attend the relationship workshop.
Gertrude Sullivan, 201 NW 6th Avenue, responded to Mr. McCray's remarks regarding the
Intergenerational Event flyer. She reported direction had been given to not use the City logo.
Mr. Bressner added there was a great deal of confusion on the identity of the actual sponsors,
so all logos were removed.
No one else came forward. Mayor Taylor closed the public audience.
Commissioner Hay commented that Dr. Tony Evans would be one of the speakers at the
Conference in November. He encouraged others to avail themselves of the opportunity to see
and hear Dr. Evans speak.
v. ADMINISTRATIVE:
A. Appointments
Appointment
To Be Made
Board
Length of Term
EXDiration Date
III
Rodriguez
Arts Commission
Alt
1 yr term to 12/08
Motion
Vice Mayor Rodriguez appointed Sherie Tengbergen as an alternate member of the Arts
Commission. Commissioner Ross seconded the motion. The motion passed unanimously.
I
III
IV
Weiland
Rodriguez
Ross
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 (3)
3 yr term to 12/10
1 yr term to 12/08
Weiland
Cemetery Board
Reg
3 yr term to 12/08 Tabled (3)
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
IV Ross Code Compliance Board
Mayor Taylor Code Compliance Board
IV Ross Community Relations Board
II Hay Education & Youth Advisory Board
I Weiland Education & Youth Advisory Board
III Rodriguez Library Board
IV Ross Recreation & Parks Advisory Board
II Hay Veterans Advisory Commission
III Rodriguez Veterans Advisory Commission
Motion
Alt
Alt
1 yr term to 12/08 Tabled (2)
1 yr term to 12/08 Tabled (2)
Alt
1 yr term to 12/08 Tabled (3)
1 yr term to 12/08 Tabled (2)
1 yr term to 12/08
Alt
Stu
Alt
1 yr term to 12/08 Tabled (3)
Alt
1 yr term to 12/08
Alt
Reg
1 yr term to 12/08 Tabled (3)
3 yr term to 12/08 Tabled (3)
Commissioner Hay moved to table the remaining appointments. Commissioner Ross seconded
the motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City
Manager for "Consent Agenda" approval of the action indicated in each item, with all of
the accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission - July 1, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Utilize the Polk County Board of County Commissioners Bid #06-133,
awarded to Killebrew, Inc. of Lakeland, Florida, for the pipeline repair of
two gravity mains in Quantum Park.
2. Authorize Chaz Equipment of Wellington, Florida to repair four Master Lift
Station Wet Wells for a total cost of $242,623 utilizing the City of Delray
Beach Bid #2002-37, "Sanitary Structure Interior Rehabilitation". The
total cost for this project is $242,623.
3. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by
Public Works/Fleet Maintenance and allow for the auction of the same.
C. Resolutions
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
1. Proposed Resolution No. R08-077 RE: Approving the
addition of Rule #20 to the Cemetery Rules and Regulations pertaining to
disi nterments/ disentom bments.
Commissioner Hay pulled Item VI.C.1 for discussion.
2. Proposed Resolution No. R08-078 RE: Authorize a
change in the rate structure for cart fees, greens fees, capital
improvement fees and annual permits for the Links at Boynton Beach.
3. Proposed Resolution No. R08-079 RE: Authorize the
execution of an allonge to promissory notes which were executed in favor
of the City of Boynton Beach rather than to the Boynton Beach
Community Redevelopment Agency.
4. Proposed Resolution No. R08-080 RE: Approving the
Release of Lien arising from demolition expenses incurred by the City but
subsequently assigned to the Community Redevelopment Agency.
Attorney Cherof and Vice Mayor Rodriguez pulled Item VI.CA for discussion.
Motion
Commissioner Ross moved to approve the Consent Agenda with the exception of Items VI.C.1
and VI.C.4. Commissioner Hay seconded the motion. The motion passed unanimously.
VI. C.1.
Proposed Resolution No. R08-077 RE: Approving the
addition of Rule #20 to the Cemetery Rules and Regulations pertaining to
disinterments/ disentombments.
Commissioner Hay relinquished his remarks to Mr. McCray.
Mr. McCray requested clarification on Proposed Rule #20 to be adopted. Mayor Taylor
explained the Rule would set specific times for disinterments and disentombments for early
morning hours when funerals would not be ongoing.
Motion
Commissioner Hay moved for approval of Item VLC.1. Vice Mayor Rodriguez seconded the
motion. The motion passed unanimously.
VI.C.4.
Proposed Resolution No. R08-080 RE: Approving the
Release of Lien arising from demolition expenses incurred by the City but
subsequently assigned to the Community Redevelopment Agency.
Attorney Cherof advised the release of lien arose from the demolition of Boynton Terrace
apartments. The CRA recommended the releases include only specific parcels of property. The
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
resolution was amended in sections three and four to indicate it was a partial release of lien for
specific properties.
Vice Mayor Rodriguez questioned why the City was releasing a lien owned by the CRA.
Attorney Cherof advised the lien constituted an encumbrance on the title because it was
recorded and referred to the City. It would clear the title. The remaining liens would be active.
Mayor Taylor noted the release would allow the additional parcel to move forward with the
eight additional homes being built.
Motion
Vice Mayor Rodriguez moved to approve Item VI.C.4. Commissioner Hay seconded the motion.
The motion passed unanimously.
VII. CODE COMPLIANCE It LEGAL SETTLEMENTS:
None
IX. CITY MANAGER'S REPORT:
(This item was taken out of order.)
A. Consideration/Adoption of Tentative Millage Rate (Proposed Resolution No.
ROS-OBI)
Mr. Bressner reviewed the resolution confirming the current millage rate of 6.4553 for next
fiscal year. Additional information revealed the millage rate needed to collect the same amount
of revenue without the fire assessment would be 7.1859. There would also be the option of a
roll back of the millage which, in reality, be a roll forward of the millage rate necessary to
collect the same amount of property tax revenue. Mr. Bressner cautioned the millage rate
could be reduced after the initial determination, but could not be increased from this point.
Vice Mayor Rodriguez clarified the operating expenses decreased from 11.7% down to 7.9%
and the budget requests decreased from $74M to $71M. Mr. Bressner pointed out
approximately $2M of expenses were cut out of the budget. It was noted the cuts previously
proposed by Mayor Taylor also included a transfer of $4M from the reserve fund to balance the
budget. There would be a loss of 14 full time positions that were currently vacant saving $1.7M
in the budget. Personnel reductions would not be necessary. The greatest expense increase
was in the Police Department with a $2.5M increase. Barry Atwood, Director of Financial
Services, advised this was the second year of a two year contract with the Police unions.
Attorney Cherof pointed out the City Manager had a statutory responsibility to uphold the union
contracts. Mr. Bressner emphasized that 77% of the operating expenses are personnel related.
Mayor Taylor's position was to maintain the current millage of 6.4553 and Commissioner Hay
agreed. Although Vice Mayor Rodriguez was disappointed that the fire assessment had to
continue, he agreed with continuing the current millage rate. Mayor Taylor also stressed that
the $4M transfer from the reserve funds had been reduced to only $3.75M that would be
needed.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Mr. Bressner did advise the 16 take-home cars for the Police Department were taken out of the
budget. Mayor Taylor contended the funds should be reinstated in the budget to protect the
safety of the residents and maintain an important recruiting tool for maximum benefit. There
was consensus to include the cost of the 16 cars for the Police Department in the budget.
Motion
Vice Mayor Rodriguez moved to approve the millage rate at 6.4553. Commissioner Hay
seconded the motion. The motion passed unanimously.
On the issue of the 16 additional police vehicles, Vice Mayor Rodriguez, inquired if the
maintenance costs had been included in the budget. Mr. Atwood advised the maintenance
costs had not been deleted from the budget to offset the increase in the cost of gasoline. As a
rule, the maintenance costs were reduced on the vehicles when they were utilized as take-
home vehicles.
Attorney Cherof read Proposed Resolution No. R08-081 by title only. The first public hearing on
the millage rate would be September 9, 2008.
Motion
Vice Mayor Rodriguez moved to approve Proposed Resolution No. R08-081. Commissioner Hay
seconded the motion. The motion passed unanimously.
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these public hearings in its dual capacity as Local
Planning Agency and City Commission.
Attorney Cherof administered an oath to all those intending to testify on Items VIlLA, VIlI.B.
and VIlI.C. He also reviewed the procedure to be followed.
There was an agreement by the agent, John Garra, to consolidate the Holiday Inn Express
items for hearing.
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Holiday Inn Express (HTEX 08-001)
John Garra, Square One Architecture, Inc.
Victoria Richman, University Holdings
480 West Boynton Beach Blvd.
Request for height exception to allow screening of roof-top
equipment (designed as a decorative tower) with a mean roof
height of 52 feet, a distance of 7 feet above the 45 foot maximum
height allowed in the C-3 zoning district.
Holiday Inn Express (MSPM 08-003)
John Garra, Square One Architecture, Inc.
Victoria Richman, university Holdings
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Location:
Description:
480 West Boynton Beach Boulevard
Request for major site plan modification approval to alter the
fa<;ade of the existing hotel with exterior enhancements, of the
existing structure with a decorative parapet and roof features.
Ed Breese, Principal Planner, reviewed the requests of the applicant. He indicated the height
extension would not have an impact on the current land uses or adjoining properties. Staff did
recommend that all roofs be the same color and the new signage concept include channel
lettering. Commissioner Ross noted the owner had advised he was not in a financial position to
change the entire roof and color. Painting the existing roof was an option rather than total
replacement.
John Garra, agent for the applicant, indicated the roof had been blown off during the
hurricanes and during the repairs it was determined that more structural repairs were necessary
than anticipated. Only areas requiring total replacement were slated for the improvement and
color change. The remaining areas would be long term goals.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
It was ascertained the applicant agreed with all conditions of approval except the complete
color change.
Motion
Commissioner Hay moved to approve Item VIII.B. with all conditions of approval.
Commissioner Ross seconded the motion. The motion passed unanimously.
Mr. Garra clarified that painting areas of the roof to be a consistent color would be sufficient.
Motion
Commissioner Hay moved to approve Item VIlLA. Commissioner Ross seconded the motion.
The motion passed unanimously.
c.
Project:
Agent:
Owner:
Location:
Description:
Boynton Lotts (SPTE 08-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
James A. Seifert, Addison Properties of South Florida
623 South Federal Highway
Request for a third one-year (1) site plan time extension (NWSP
05-008 and HTEX 05-001) for a mixed-use project consisting of
48 condominium units and 3,096 square feet of retail space on
1.21-acres approved on April 19, 2005, thereby further extending
the second site plan and height exception approvals from April 19,
2008- April 19, 2009.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Mr. Bresse reviewed the request of the applicant and the staff report. He advised the office
space had been eliminated and the available retail space was reduced to lower the height. The
height exception was for a stairwell. The residential market had kept the project from moving
forward and the owners were continuing to look for alternatives with workforce housing and
incentives from the CRA. The currency issues would need to be approved again. It was
realized that inconsistencies exist between the Mixed Use Low and Mixed Use Low 2 designation
but they were not substantial enough to warrant refusal of the request.
Bradley Miller, Miller Land Planning Consultants, Inc., agent for the applicant, attributed the
request to the economic impacts on the developer and funding needs. The property was listed
for sale and other alternatives including modified unit sizes were being investigated.
Motion
Vice Mayor Rodriguez moved to approve Item VIII.C.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Commissioner Ross seconded the motion. The motion passed unanimously.
Attorney Cherof requested Items VIII.D. and VIII.E. be tabled.
Motion
Commissioner Hay moved to table Items VIII.D and VIII.E. The motion passed unanimously.
D.
Project:
Agent:
Description:
E.
Project:
Agent:
Descri ption:
F.
Project:
Agent:
M-llndustrial Zoning District - Corridor Uses
(CDRV 08-003)
City initiated
Request for amendments to the Land Development Regulations,
Chapter 2. Zoning, Section 8.A. M-1 Industrial District, to add
provisions and regulations for selected industrial and non-
industrial uses of properties that front an arterial or collector
roadway. (1ST Reading Proposed Ordinance No. 08-020)
Administrative Adjustment Revisions (CDRV 08-004)
City initiated
Request for amendments to the Land Development Regulations,
Chapter 2. Zoning, Section 5, making all properties developed for
single-family homes eligible for administrative setback
adjustments regardless of date of platting. (1st Reading of
Proposed Ordinance No. 08-021)
2008 Update to the Capital Improvements Element
City initiated
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Descri ption:
Request to transmit the 2008 update of the Capital Improvement
Element of the Comprehensive Plan. (Large Scale Amendments,
second round of 2008) (1st Reading of Proposed Ordinance
No. OB-022)
Attorney Cherof read Proposed Ordinance No. 08-022 by title only on first reading.
Hanna Matras, Planner, reviewed the request for the second phase of proposed text
amendments to the Comprehensive Plan. The proposed changes were being sent to the
Department of Community Affairs (DCA) with proof there is money available for the planned
projects, especially the first three years.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 08-022 on first reading. Vice
Mayor Rodriguez seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
IX. CITY MANAGER'S REPORT:
A. Consideration/Adoption of Tentative Millage Rate (Proposed Resolution No.
ROB-OBI)
(This item was previously addressed out of order.)
B. Discussion of Recent Solid Waste Code Changes
Jeff Livergood, Director of Public Works and Engineering, was present to address any questions
on the proposed notification process of the six day collection schedule and timeliness of pick-
ups and scheduling.
Mayor Taylor discussed the proposed $50 service charge if trash was placed at the curb too far
in advance of the pick-up day. His concern was for those individuals who did their yard work
on the weekends and their pick-up days were in the middle of the week. Mr. Livergood advised
a warning process was not cost effective. Vice Mayor Rodriguez recalled the intent of the
proposed change was to keep the community beautiful and eliminate piles of trash on the
curbs. The $50 service charge was both a deterrent and covered the cost of having to go back
into a community for the additional pickup.
Mr. Bressner indicated complaints had been received regarding the change in the pick-up days
for some residents. The positives in the new program were that all trash would be removed on
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
the designated days and the majority of the residents would comply. There was discussion
relating to the amount of the service charge. Mr. Bressner stressed the $50 was not a fee to
remove the debris, rather a penalty for not complying with a reasonable period of time to keep
the community clean.
Motion
Vice Mayor Rodriguez moved to move forward with the program and accept the $50 service
charge and revisit the issue in six months. Commissioner Ross seconded the motion. The
motion passed unanimously.
C. Update on Towing Company Contract Renewal/Extension Process
Lori LaVerriere, Assistant City Manager, indicated the contracts were being reviewed and the
options available would be brought before the Commission on August 19, 2008. Letters had
been sent to the vendors to amend the contracts to avoid cost and certain towing charges for
fleet vehicles requiring them to tow our vehicles for free. A full report would be presented.
D. Receive and discuss Summary Financial Analysis for the City's General Fund and
the Utility Fund for the nine months ended June 30, 2008
Barry Atwood, Director of Financial Services, reported for the first nine months of the period the
General Fund revenues exceed the expenditures by $3.1M. Last year the amount was $l1.3M.
Mr. Bressner attributed the change to the high amount of delinquencies and foreclosures. Mr.
Atwood continued that the expenditure side was as projected. The Utility Fund also has
expenditures that exceed revenues by $1.7M attributed to water restrictions and delinquent
accounts. In both funds the revenues are the main concern. Mr. Bressner projected the
revenues would be $4.5M under budget based on water restrictions, the economy and an
overall slow down. The number of delinquent accounts are also higher including over 500 shut
offs.
Pete Mazzella, Deputy Director of Utilities, reviewed the shut off policy. Mayor Taylor suggested
the rate structure be reviewed. It was also noted the water manager permit requires education
and a conservation program.
Commissioner Hay questioned the huge increase in federal revenue. Mr. Atwood explained it
related to grant funding and when the actual dollars are reflected for accounting purposes.
Those procedures should be reviewed and perhaps changes made in the accounting
procedures.
X. FUTURE AGENDA ITEMS:
A. Budget Workshops - July 28-29, 2008 - Library Program Room
B. Boundless Playground/Non-Profit 501(c)(3) Foundation - August 5, 2008
C. City Hall Chambers BBTV Upgrades CIP Project - August 5, 2008
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
D. Electronic Agenda Comparative Cost Analysis - August 5, 2008
E. Options for Hurricane Protection Project for 1913 Schoolhouse Children's
Museum - August 5, 2008
F. Proposed Modification to Sunday AM Liquor Sales Restrictions- August 5, 2008
G. 2008 Recreation and Parks Strategic Plan Update - August 5, 2008
H. Removal of Dock on NE 1th Avenue - August 5, 2008
1. American Assembly Implementation Recommendations - August 19, 2008
J. Discussion of Amendment of CRA Boundaries to Include Developments annexed
into the City but not added to CRA Boundaries - August 19, 2008 or September
2, 2008
K. Report and Recommendation on Police Facility Construction - September 2, 2008
L. Budget Public Hearing to Adopt Proposed FY 2008/09 Budget (1st Hearing) -
September 9, 2008
M. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008
N. Budget Public Hearing - Adoption of FY 2008/09 Budget (2nd and Final Hearing) -
September 16, 2008
O. Reconsideration of conveyance of Old High School from CRA to City of Boynton
Beach - October 7, 2008
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 08-018 RE: Approving the
amendment to Ordinance No. 07-034 amending Chapter 26, "Water,
Sewers and City Utilities" as it pertains to the payment of Water and
Sewer Capital Facilities Charges.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Attorney Cherof read Proposed Ordinance No. 08-018 by title only on second reading.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Hay moved to approve Proposed Ordinance No. 08-018. Vice Mayor Rodriguez
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-0.
2. Proposed Ordinance No. 08-019 RE: Approving the
City's participation in the Florida Retirement System Pension Plan for the
City's Elected Officials, creating a new Article X of Chapter 18 of the City
Code of Ordinances, entitled "Pension Plan for Elected Officials," by
creating a new 918-240, entitled "Creation and Maintenance of Pension
Benefits," authorizing the appropriate City Officials to do all things
necessary to effectuate the intent of this Ordinance.
Attorney Cherof read Proposed Ordinance No. 08-019 by title only on second reading.
Mayor Taylor opened the issue for public hearing.
Warren Timm, NE 26th Avenue, questioned the timing of the proposal based on the economy
and delinquency of water bills.
Vice Mayor Rodriguez understood the concerns and contended there would never be a right
time. The action had been recommended by the steering committee and would attract better
candidates in the future.
Beverly Agee, agreed with the proposal. She noted the City of Boynton Beach needed good
Commissioners who would stay and work hard. This would be an incentive for any candidates.
Commissioner Hay understood all the concerns and noted the associated cost would be
minimal. He would support the proposal. Commissioner Ross was unaware such an option was
available and indicated she appreciated the option.
Attorney Cherof advised there were two collateral issues. The allowance of credit for past
service had to be addressed and if allowed, would the City or the individual pay for the past
service. Mr. Bressner reviewed the options available to each Commissioner in the Florida
Retirement System. The City of Boynton Beach pension plans did allow employees to purchase
qualified past service to be paid at the individual's expense plus interest.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
Vice Mayor Rodriguez suggested credit be allowed from the first day of the first term. Mayor
Taylor felt the City should fund the credit for past service. Mr. Bressner stressed eligibility
would also need to be determined for each elected official.
Motion
Vice Mayor Rodriguez moved to fund the pension fund through the City retro to the first day of
the first year of election.
Attorney Cherof suggested the motion be to approve the Proposed Ordinance as amended.
Motion
Vice Mayor Rodriguez moved to approve Proposed Ordinance No. 08-019 as amended.
Commissioner Hay seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
C. Ordinances - 1st Reading
None
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:19 p.m.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 15, 2008
ATTEST:
net M. Prainito,
City Clerk
CrrY OF BOYNTON BEACH
"
~'-------
/~
---- --"
Ronald Weiland, Commissioner
;J~/:6
~7dr~ow LL' Hay, commise::sioner
.~ ~'~ ~~fl~'
Marlene Ross, Commissioner
15
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
APPLICANT'S AGENT:
Holiday Inn Express
Development
P&Z
Building
Engineering
Occ. Lice"..
Deputy City Clerk
Or;,. it:: ClerlS.-
John Garra - Square One Architecture Inc.
APPLICANT'S ADDRESS: 4632 N. Andrews Avenue Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2008
TYPE OF RELIEF SOUGHT: Request for major site plan modification approval to alter the fayade of
the existing hotel through the use of a decorative parapet and
roof features.
LOCATION OF PROPERTY: 480 W. Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The 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 ApplicC!Jlt'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:
7 - I _ .~
P'U~,~ ~,
S:\Planning\SHARED\WP\PROJECTS\Holiday Inn Express\MSPM 08-003 HTEX 08-001\DO.doc
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Facade Modifications
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Boynton Beach, FL 33435
EXHIBIT B
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Total Gross Project Area: 2.14 Acres, 93,234 S.F.
Net Buildable Land Area: There is no change,
facade modifications only.
Total Number of Proposed Residential units:
(98) Existing Hotel Guestrooms 338 S.F. w/(1 )Bath.
(3) Existing Hotel Guestrooms 288 S.F. wl( 1 )Bath.
No additional units, facade modifications only.
Proposed Nonresidential floor type of use: Laundry,
storage, circulation, dinning, service counter, and
conference room (13.784 SF).
No square footage added, facade modifications
only.
Building Coverage: 16.721 S.F. (18 %)
Vehicular Use & Paved Areas: 52,905 S.F. (57 %)
Total Impervious Area: 69,626 S.F. (75 %)
Total Parking Spaces: 132 (6 Handicapped)
Water Bodies: 0 S.F. (0%)
Height of Building:
38'-3 112" proposed typical parapet height~
52'-0" proposed mean tower roof. 'f
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Facade Modifications
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EXHIBIT "e"
Conditions of Approval
Project name: Holiday Inn Express
File number: MSPM 08-003
Reference: 2nd review plans identified as a Major Site Plan Modification with a May 27, 2008 Planning &
Z . d ki
omng ate stamp mar ng.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
1. At time of permit, the applicant shall submit landscape drawings to show all X
Conditions of Approval
2
-- -----=,
I.
I DEPARTMENTS I INCLUDE i REJEc'I I
i I
of the existing landscape & irrigation improvements meet the original i I II
landscape plan requirements. i -------J
--~-
PLANNING AND ZONING i Ii
------il
I ) ,
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I Comments: i i ii
2. Approval of the Major Site Plan Modification is subject approval of the I X I II
corresponding Height Exception (HTEX 08-001) application i II
3. The standing seam metal roof is proposed as natural (galvalume), whereas X !
Ii
i the existing porte cochere and tower roof on the easternmost building are '!
,
blue in color. Please correct so all roofs are coordinated. I "
ii
,
! I
4. The cabinet wall sign proposed for the easternmost building, next to the X i!
Ii
porte cochere, shall be changed from a cabinet sign to channel letters. il
5. The easternmost building requires facade maintenance and paint in various X I
locations. These areas shall be required to be addressed as part of this I II
I !i
,
approval. I :1
6. Staff recommends the applicant contact the Community Redevelopment X I
Agency (CRA) for a potential fayade grant to replace the chain link fencing ii
Ii
along Boynton Beach Boulevard with decorative aluminum fencing. II
7. It is the applicant's responsibility to ensure that the major site plan i X
modification and height exception are publicly advertised in accordance !!
with Ordinance 04-007. I i Ii
8. Should the permit value exceed $250,000, the applicant is responsible for I X I Ii
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compliance with Ordinance 05-060, the" Art in Public Places" program and I "
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must demonstrate their participation. I I 11
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ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS I I
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9. Add architecture detail and color accents to enhance the project. I X II
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ADDITIONAL CITY COMMISSION CONDITIONS I :1
---------il
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Comments: i
I 1. To be determined. 'tu.'1tU!:. _ ; i ii
S.\Planning\SHARED'WP\PROJECTS\Holiday Inn Express\MSPM OR-DO] IHEX 08-001 \C'OA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT:
John Garra - Square One Architecture, Inc.
,. :"3\1~'I~t:l~~~1~-~~111"
r: .~J ~ Z
f- J uildlng I
h'En2In~ltrli1g
~: :Jec. L1cene.
l' Deputy City Clerk
t~~. · i.LCkr
..
PROJECT NAME:
Holiday Inn Express
APPLICANT'S ADDRESS: 4632 N. Federal Highway Ft. Lauderdale, FL 33309
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2008
TYPE OF RELIEF SOUGHT: Request for a Height Exception of seven (7) feet for a decorative
tower feature rising to a height of 52 feet. The maximum building
height allowed in the C-3 zoning district is 45 feet.
LOCATION OF PROPERTY: 480 W. Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included".
4.
The Applicant's application for relief is hereby
-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:
7 - I '.- () A
S:\Planning\SHARED\WP\PROJECTS\Holiday Inn Express\
Exhibit nAn - Site Location Map
Holiday Inn Express
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Facade Modifications
480 West Boynton Beach Blvd.
Boynton Beach, Fl33435
EX.H4BJT B
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Facade Modifications
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EXHIBIT "e"
Conditions of Approval
Project name: Holiday Inn Express
File number: HTEX 08-001
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Conditions of Approval
2
~
,:
DEPARTMENTS : INCLUDE REJEC[ I
I I
I
Comments: None X !
:1
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS j;
"
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Comments: i [ 'I
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1. None i X \1
I ,\
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ADDITIONAL CITY COMMISSION CONDITIONS Ii
-11
I Comments:
I ;
Ylin"-L I
1. To be determined. I
I
S:IPlanning\SHARED\WPIPROJECTS\Holiday Inn Express\MSPM 08-003 HTEX 08-001 \COA HTEX.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Bradley Miller - Miller Land Planning Consultants, Inc.
De.,elopment
P&Z
BuildIng
Engineering
Occ. L1cen..
Deputy City Clerk
0,' "cter
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
Boynton Lofts
420 W. Boynton Beach Blvd. Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 15, 2008
TYPE OF RELIEF SOUGHT: Request a third site plan time extension approval for a mixed use
project consisting of 48 condominium units and 3,096 square feet of
retail space on 1.21-acres.
LOCATION OF PROPERTY: 623 S. Federal Highway Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MA TIER 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
dHAS
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 B .- {> 8
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE 08\DO.doc
r----.~-----
EXHIBIT B
-.i
EXHIBIT B
MILLER
LAND
PLANNING
CONSULTANTS, INC.
420 W. Boynton Beach BOUle\l(lr..
~uireF '2(,
Boynton Beach ';,'~L;3:
PHONE II! 561 736-8838
F,L,X E 561 n6-801::)
April 4,2008
Michael Rumpf
CITY OF BOYNTON BEACH
PLANNING & ZONING DEP ARTMENT
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
~-T'
- i~
RE: Boynton Beach Lofts
Site Plan Time Extension
Dear Mike:
This letter is to request a one year time extension for the site plan approval for the Boynton Beacr:
Lofts project. This project was originally approved on April 19, 2005, received a one year extension
which expired on April 19, 2007. An additional extension was granted and expires on April 19, 2008.
As you have experienced with other projects, this development has been delayed by the down turn
in the residential market. However even with the down turn, the owner has researched various ways
of marketing the project including down sizing units, working with the CRA for incentives funding and
contacting state agencies relative to work force housing.
As much as our Client would like to proceed with the project. it needs to occur with economic
viability. This extension will allow the developer to continue working with the CRA and evaluating
financing options and, if necessary, retum to the City for modifications to the plans.
We appreciate your understanding of this request. Enclosed is a check for the $500.00 processing
fee. Should you need any additional information, please call.
Sincerely,
~ PLANNIN ,
~4 ,Y
Bradley D. M'OAICP
President
ONSULTANTS, INC.
cc: James Seifert
M:\M L P C\PROJECTS\Boynton Beach Lofts\TIme Extension III\M. Rumpf Time Exlension 032808.wpd
EXH'BIT C
EXHIBIT "D"
Conditions of Approval
Project name: Boynton Lofts
File number: SPTE 08-004
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
l'ondltions of Appro\'al
,
I I I -
I
DEPARTMENTS INCLlTDE REJH'j !
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I ! i II
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PLANNING AND ZONING I I -li
I Comments: I ; II
i
1. Any further modification of the development, . , shall be
major or mmor,
processed only after, or in conjunction with, the rezoning of the property ! \
from MU-L to MU-L2, consistent with the redevelopment vision of the City. i i
ii
I i ; ,I
"
I
2. The approval of the Site Plan Time Extension is subject to the conditions of i X
approval of the original site plan approval and subsequent minor , :1
modification approval. "
i i'
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3. Prior to submission of permit application, the applicant shall submit an X
updated traffic approval letter from Palm Beach County and the required I
utility reservation fee to ensure adequate capacity exists for the project. I i 'I
I T
I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS , i
I -JI
i
il
"
Comments: I il
I ,I
4. An application for major modification of the site plan shall be processed only X
after, or in conjunction with, the rezoning of the property from MU-L to MU- I
L2, consistent with the redevelopment vision of the City. I i
! i
5. Prior to submission of permit plans, the applicant shall revise the building
facades to provide additional architectural enhancements, more in keeping X
with the originally approved design.
ADDITIONAL CITY COMMISSION CONDITIONS I - -----i'
!
I Ii
Comments: i
,I
I To be determined.
7.Lt'I',_'-_
S:\Planning\SHARED'WPiPRO.JECTS\Bojllton Lofts.SPTE 08.CO;\ dl>C