Minutes 08-05-08
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, AUGUST 5, 2008 AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Jose Rodriguez, Vice Mayor
Ron Weiland, Commissioner
Marlene Ross, Commissioner
Woodrow L. Hay, 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 Dr. Solomon Rothstein, Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland
The meeting was called to order at 6:32 p.m. by Mayor Taylor. The invocation was given by
Dr. Solomon Rothstein, Police Chaplain. Commissioner Ron Weiland led the Pledge of
Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor announced the City Manager and City Attorney plus other legal counsel involved
were requesting that Item IX.A., relating to the NE 1th Avenue dock issue, be tabled. It was
noted that many people in the audience were present for the item. There had been a great
deal of information distributed that had clouded the issue. Mr. Bressner commented there had
been many claims on both sides and the situation was not clear regarding property ownership.
Motion
Commissioner Weiland moved to table Item IX.A. Commissioner Hay seconded the motion.
The motion passed unanimously.
Mayor Taylor pointed out the matter would be heard at the second meeting in September 2008.
Mr. Bressner advised there may not be a quorum present for the Commission meeting on
September 16, 2008. Since the meeting would include the second budget hearing, there could
not be a conflict with any Palm Beach County School Board or Palm Beach County Commission
meetings. The September 18, 2008 date was available. There was consensus to change the
Tuesday, September 16, 2008 meeting to Thursday, September 18, 2008.
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Mayor Taylor announced the hearing on the NE 12th Avenue dock issue would be held on
Thursday, September 18, 2008.
2. Adoption
Motion
Commissioner Weiland moved to accept the agenda as presented with the changes mentioned.
Commissioner Ross seconded the motion. The motion passed unanimously.
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Ross mentioned the Green Task Force had held a very successful building
roundtable that was well attended. City staff continues to work on the many factors.
Commissioner Hay announced the East Boynton Senior baseball team had beat West Virginia
11-0 and are now the regional champs advancing to Bangor, Maine for the World Series on
August 10, 2008. Commissioner Weiland recalled this was the second time the East Boynton
Senior team had progressed to the World Series. He also noted the East Boynton Little League
had won the World Series in Williamsport, PA., and the PALS basketball and football teams have
won many titles. Commissioner Weiland stressed the City of Boynton Beach had a great
number of good youth and Commissioner Hay added financial assistance for the teams would
also be needed as they continue to achieve national recognition. The Senior team was the only
team that had gone undefeated throughout the series.
Mayor Taylor revealed he had been asked by Representative Maria Sachs to serve on a
Foreclosure Committee created to assist homeowners threatened with foreclosure.
Communicating any findings with those in need of assistance would be the first step in the
process. The objective would be to have information available to direct those in need to the
programs that will assist them in retaining their homeownership.
Mayor Taylor also indicated there have been many complaints about the Police Benevolent
facility that is located in the southern sector of the City. The Mayor of Delray Beach had
pledged her support in solving the issues also. The easement for the sewer pipe across the
property is also being discussed. Commissioner Weiland reported the building was only rented
for one more event and would no longer be rented. However, restrictions on the use of the
building should be examined more closely. Chief Immler confirmed officials with the Police
Benevolent Association (PBA) have agreed not to rent out the facility. The City Attorney was
reviewing the matter.
III. ANNOUNCEMENTS, COMMMUNITY & SPECIAL EVENTS & PRESENTATIONS
A. Announcements:
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None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. "Florida Water, Wastewater and Systems Operators Week"-
August 4-8, 2008
Mayor Taylor read and presented to Kofi Boateng, Director of Utilities, a proclamation for Florida
Water, Wastewater and Systems Operators Week being recognized August 4 - 8, 2008.
b. "Firefighter Appreciation Month" - September 2008
The month of September was proclaimed Firefighter Appreciation Month by Mayor Taylor
supporting the Muscular Dystrophy Association boot drive. Ray Carter, Deputy Fire Chief,
accepted the proclamation and remarked last year the boot drive raised nearly $25,000. Also
present was David Kirby, the MDA Goodwill Ambassador for the State of Florida, his parents,
the local MDA Coordinator and the Fire Department MDA Coordinator.
Mayor Taylor extended an invitation to any of the Commissioners to join the firefighters, on the
street, for their boot donation drive.
c. "National Clown Week" - August 1-7, 2008
Mayor Taylor proclaimed the week of August 1 - 7, 2008 as National Clown Week. Approximately
12 clowns were present from Krackerjac Clown Alley to accept the proclamation. Mayor Taylor
added the smiles and laughter the clowns created were worth every minute of their efforts. The
entire Commission, City Manager, City Attorney and City Clerk were presented with red noses that
were worn during the presentation. Mayor Taylor was given a test to be a clown and after
passing was awarded an honorary membership as "JT the Clown" and presented with a clown bow
tie, a shining light and gavel.
2. Presentation of certificates to the Boynton Beach Police Athletic League's
youth basketball teams in recognition of their winning gold and silver
medals during the recent National Association of Police Athletic League's
basketball tournament in Virginia.
Chief Immler presented certificates to the Police Athletic League's youth basketball teams who
had won the State championship and won gold and silver medals at the National Association of
Police Athletic League's basketball tournament in Virginia. The teams were in the 12 and under
division, 10 and under division and 14 and under division. The 10 and under team were the
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national champions and the 14 and under team lost by only one point. Plaques were presented
to each of the participants. It was the second year in a row that Boynton Beach took home the
National Championship. Along with the coaches, Officer Bill Tome was also recognized for his
work in coordinating the program and working with the teams to attend the championship
games. Plaques were also presented to Mayor Taylor and Chief Immler with pictures of the
winning teams and a listing of the various awards in appreciation of their support of the
program.
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>
Bill Schmalz, Boynton Leisureville resident, complained about the change in his garbage
collection days and contended the fine assessed for placing the garbage cans out early was
excessive for the type of violation.
Brian Miller, Chair of the Community Relations Board, indicated the board was committed to
working with Boynton Beach High School. Their first project was to solicit funds to assist the
football program and distribute t-shirts for any donations. He urged all residents to support the
football team and get behind the high school. Mayor Taylor advised the new Principal, Keith
Oswald, had a goal of advancing the school to a "B" level in his first year.
Mack McCray, 806 NW 4th Street, urged the Commission to continue to support the youth and
thanked the Commission for all they had done for the youth.
Sunny Garcia, 1631 NE 3rd Lane, requested financial assistance for the Senior baseball team
that was headed to the World Series in Maine.
Belinda and Diondra, spoke about the loss of many youth to the negative influences of their
environment. They represented the "Celebrating Our Youth Foundation" in their efforts to
positively enhance and develop the youth in the area. Belinda announced that August 9, 2008
would be "Celebrating our Youth Day" at the DeVoss-Blum YMCA to counteract the struggles of
today's youth. The goal of the Foundation is to continue inspiring, challenging and creating
character in youth through a concentration on the arts programs including dance, theater, art
and music. She encouraged the City of Boynton Beach to contribute to their event.
Victoria Johnson, 131 SE 4th Avenue, called attention to the three robberies that have
occurred among the 12 houses on 4th Avenue and requested help with solving the problem.
The Police Department did react very quickly, but crime prevention was needed. Mayor Taylor
stressed there should be no hesitation to call the Police Department. Vice Mayor Rodriguez
suggested Ms. Johnson contact Officer Huntington to form a crime watch association.
No one else coming forward, Mayor Taylor closed the public audience.
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V. ADMINISTRATIVE:
A. Appointments
Appointment
To Be Made
Board
Length of Term
Exoiration Date
Mayor Taylor
IV Ross
Bldg. Bd. Of Adj. & Appeals
Bldg. Bd. of Adj. & Appeals
Reg
Alt
3 yr term to 12/10
1 yr term to 12/08 Tabled (2)
II Hay
Cemetery Board
Reg
3 yr term to 12/08
Motion
Commissioner Hay recommended Karilyn Norem Hohner as a regular member of the Cemetery
Board. Commissioner Ross seconded the motion. The motion passed unanimously.
Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (3)
Mayor Taylor Community Relations Board Alt 1 yr term to 12/08
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (3)
I Weiland Education & Youth Advisory Board Stu 1 yr term to 12/08 Tabled (2)
Motion
Commissioner Weiland moved to move Lisa Pierre from a non-voting student up to a regular
voting student. Commissioner Hay seconded the motion. The motion passed unanimously.
IV Ross Library Board Alt 1 yr term to 12/08
IV Ross Recreation & Parks Advisory Board Alt 1 yr term to 12/08 Tabled (2)
IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08
Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/08
Motion
Commissioner Ross moved to table all outstanding appointments. Commissioner Hay 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
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1. Regular City Commission - July 15, 2008
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2007-2008 Adopted Budget.
1. Award a contract for RFP #086-1610-08/00, THREE YEAR CONTRACT
FOR CONSULTING SERVICES FOR A GROUP INSURANCE PLAN to Willis
of TN, Inc., "dba" Willis of Florida, in the amount of $96,000fyear.
(Proposed Resolution No. ROB-OB2)
C. Resolutions
1. Proposed Resolution No. R08-083 RE: Adopting the
City of Boynton Beach CDBG Program One-Year Action Plan for FY
2008/2009 and the contracts for sub-grantees to reflect the proposed
expenditures as outlined.
2. Proposed Resolution No. R08-084 RE: Authorizing
the renewal of employee benefits and premiums for FY 2008/2009.
3. Proposed Resolution No. R08-085 RE: Ratifying the
action of the South Central Regional Wastewater Treatment & Disposal
Board on July 31, 2008:
a. Authorizing Executive Director's contract and agreed to increase in
salary retroactive to June 1, 2008.
Commissioner Hay pulled Item VLC.3 for discussion.
D. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund.
Commissioner Weiland pulled Item VLD. for discussion.
E. Approve the transfer of $25,000 in this Fiscal Year to cover shortfall in the Code
Compliance budget for the execution of demolition orders and maintenance of
abandoned/foreclosed properties.
Motion
Commissioner Ross moved to approve the Consent Agenda with the exception of Items VLC.3
and VLD. Commissioner Weiland seconded the motion. The motion passed unanimously.
VLC.3
Proposed Resolution No. R08-085 RE: Ratifying the action of
the South Central Regional Wastewater Treatment & Disposal Board on July 31,
2008:
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a.
Authorizing Executive Director's contract and agreed to increase in
salary retroactive to June 1, 2008.
Commissioner Hay requested clarification on the increase being retroactive to June 1, 2008, but
not effective until July 31, 2008. Mayor Taylor explained the Interim Director was appointed to
the Director's position and the retroactive date would cover the time period since he had been
acting as Director. It was confirmed that Delray Beach pays 50% of the expenses and the
proposed salary was less than the previous Executive Director was earning, but more than the
current salary of the Interim Director position.
Motion
Commissioner Hay moved for approval of Item VLC.3. Vice Mayor Rodriguez seconded the
motion. The motion passed unanimously.
VLD. Approve donations to the Juvenile Transition Center in the amount of $6,500
from the Police Department's Law Enforcement Trust Fund
Commissioner Weiland expressed concerns that had been brought to his attention with the
outcomes of the program and the lack of work effort into the program. He was dissatisfied with
the financial status of the program. The program itself is a good program, but there were
questions about the financial aspects. Without those questions answered he could not support
spending taxpayer monies for the program.
Vice Mayor Rodriguez reported the Youth Violence Prevention Program requires providers to
submit measurable outcomes for the work of the organization. He requested that as a
requirement for the funding, the information be supplied to the City of Boynton Beach on the
measureable outcomes. An application for funding had been submitted to the Youth Violence
Prevention Program, and the required information was not provided. The organization was also
outlined by the United Way as having the highest cost per student of every agency in the
County.
Mayor Taylor questioned if any type of report was given on how the monies were actually used.
Chief Immler responded that funds from the forfeiture monies only had a requirement that
there be a component providing anti-drug or safe neighborhoods or some other police purpose.
An affidavit is submitted substantiating the criteria. Vice Mayor Rodriguez noted in-kind
contributions from the City include free use of the Hester Center. He suggested measurable
outcomes and financial disclosure be requested before funding is approved and the matter be
tabled.
Commissioner Ross confirmed that all organizations requesting funds are held to the same
standards. Commissioner Hay agreed accountability was necessary. Commissioner Weiland
stressed the program is worthwhile, but has some financial accountability issues.
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Motion
Vice Mayor Rodriguez moved to table Item VLD. Commissioner Hay seconded the motion. The
motion passed unanimously.
VII. CODE COMPLIANCE & LEGAL SETTLEMENTS:
A. Approve a negotiated settlement agreement in the amount of $14,000 in the
case Elmer Lewis v. City of Boynton Beach.
Motion
Vice Mayor Rodriguez moved to approve Item VILA. 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 and gave a brief overview
of the procedures to be followed.
A.
Project:
Agent:
Owner:
Location:
Description:
B.
Project:
Agent:
Owner:
Location:
Descri ption:
Gulfstream Gardens (MPMD 08-002)
Bradley Miller, Miller Land Planning Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately 1f4 mile north of
Gulfstream Boulevard
Request for Master Plan Modification to update the proposed unity
type from townhouse units to rental units; to eliminate one (1)
access driveway; and to revise layout, project circulation, and
associated parking areas.
Gulfstream Gardens (MSPM 08-004)
Bradley Miller, Miller Land Planning Consultants, Inc.
Jeffrey B. Meehan, Gulfstream Gardens, LLC
West side of Federal Highway, approximately 1f4 mile north of
Gulfstream Boulevard
Request for Major Site Plan Modification to revise the type of
housing approved from 308 townhouse units to 308 multi-family
rental units; to eliminate one (1) access driveway; to unify and
expand recreational amenities; and to modify layout and design of
buildings and associated parking areas.
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Kathleen Zeitler, Planner, located the property and reviewed the two requests of the applicant.
Staff analysis revealed that the Master Plan Modification was not substantial and included only
minor revisions. It was consistent with all the current regulations and the Comprehensive Plan.
The Major Site Plan Modifications were consistent with the previously approved Land
Development Regulations. Staff recommended approval subject to the 42 Conditions of
Approval.
Bradley Miller, Miller Land Planning Consultants, Inc., agent for the applicants, indicated there
was agreement on all the Conditions of Approval. Vice Mayor Rodriguez expressed his concern
about the large number of rental projects being proposed for the City and the real estate
market trend for rentals. Mr. Miller agreed the current trend was for rentals and noted the
units were designed to accommodate conversion to condos should the market trend change to
ownership.
Mayor Taylor opened the issues for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve the Master Plan Modification. Commissioner Ross
seconded the motion. The motion passed unanimously.
Motion
Commissioner Hay moved to approve the Major Site Plan Modification. Commissioner Ross
seconded the motion. The motion passed unanimously.
Descri ption:
Sunshine Square (COUS 08-003)
Arianne Nielsen, Land Design South
Woolbright Sunshine. LLC
Southwest corner of the intersection of South Federal Highway
and Woolbright Road
Request for conditional use approval for a Cosmetology School to
locate within existing Building "C" in the Sunshine Square
Shopping Center.
c.
Project:
Agent:
Owner:
Location:
Ms. Zeitler reviewed the request and explained the applicant was seeking to locate a
cosmetology school in Sunshine Square. It is an approved conditional use in C-3 zoning if it is
in conjunction with delivery of services. The project will convert space from retail to
instructional and the salon will provide service to the public. No exterior changes were
proposed. Staff noted the proposal was consistent and compatible with the nature of
surrounding businesses. Staff recommended approval of the request.
Mayor Taylor divulged he had met with the applicant, as did Vice Mayor Rodriguez and
Commissioners Weiland and Ross.
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Arianne Nielsen, agent for the applicant, was present for any questions.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Commissioner Weiland moved to approve Item VIII.C. Commissioner Hay seconded the
motion. The motion passed unanimously.
D.
Project:
M-1 Industrial 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 of Proposed Ordinance No. 08-020) -
Tabled on July 15, 2008
Agent:
Description:
Mayor Taylor advised he had spoken with Michael Weiner. Commissioners Weiland and Ross
divulged they had spoken with the applicant.
Attorney Cherof read Proposed Ordinance No. 08-020 by title only on 1st reading.
Motion
Vice Mayor Rodriguez moved to remove Item VIILD. from the table. Commissioner Weiland
seconded the motion. The motion passed unanimously.
Mike Rumpf, Planning and Zoning Director, indicated staff proposed the amendments as an
interim way to create a second set of regulations along an arterial corridor focusing on south
Congress Avenue. Four objectives were to increase the options for allowed uses specially
service and conveniences, protect the aesthetics of the corridor, prevent further conversion of
properties and balancing competing interests. Presently the corridor consists of multi-tenant
buildings, self-storage facilities, a car wash and one undeveloped parcel. The nearest retail
center is one and a quarter miles away with a full grocery store two miles from the area. There
is a high occupancy rate and a range of businesses. The recommendations of several studies
and staff would be to look for smart growth and sustainability. There was a recommendation to
add commercial retail uses such as auto parts, sales, retail goods, electronics, furniture and
take-out foods. Under service would be minor auto repair, printing, dry cleaner or pet services.
Another category would be martial arts, dance, mail center or day care for pet, children and
elderly. Another recommendation would be to restrict commercial retail uses such as take-out
restaurants only, limited to multi-tenant buildings and limit industrial uses as long as they have
a commercial component. There would be size restrictions, minimum showroom space, and
outdoor storage and display would be excluded. Another recommendation increases the list of
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prohibited uses and a fourth recommendation relates to sign standards by decreasing the sign
height. This would protect the corridor's appearance. Parking allocations would be addressed
on a case-by-case basis. Mr. Rumpf noted the Planning and Development Board recommended
the addition of office/professional/medical use for buildings of more than one story. Also noted,
the self-storage and car wash would be exempt from the new regulations.
Mayor Taylor requested clarification on the office use restricted to the second floor. Mr. Rumpf
responded office use would be a large group and create excessive competition for the space. It
would be hard to set limitations on use or size. Offices on the second floor are similar to
downtown environments.
Michael Weiner, 209 N. Sea crest, appearing on behalf of the owner of property at 3200 South
Congress Avenue, addressed the Commission regarding the 3,000 foot long and 300 foot wide
corridor that has lead to many zoning complications. The area is zoned for heavy industrial use.
The proposed regulations relate only to an overlay of approximately 22 acres, along Congress
Avenue, while the rest of the 150 acres remains heavy industrial. Mr. Weiner contended the
prohibition of general medical offices discourages investment in the area. Office space requires
less available parking than industrial. Buildings previously built with a second floor can only
accommodate general office space. The proposed regulations are not sufficient for both public
and private uses. The economic projections reflect the only robust employment gains will be in
service areas, general office and medical. The largest growing sector is health care services
with office and professional uses. Office space competition is good for a city with increased
employment. He suggested that fast food restaurants should not be allowed and professional
offices should be permitted. Mr. Weiner contended the zoning without professional
office/medical is confusing. The Comprehensive Plan does indicate commercial property should
be allowed with office spaces. The bottom line is the tax base could be increased by adding
office use, if it is not harming the area. Mr. Weiner contended it seemed appropriate to allow a
small amount of restaurant seating rather than all carry-out to keep the area clean and more
user friendly.
Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed
the public hearing.
Motion
Vice Mayor Rodriguez moved to approve Item VIILD. Commissioner Ross seconded the
motion.
Commissioner Weiland was concerned about adding any fast-food type restaurants and wanted
assurances that type of business would not be brought in. Bakeries or gourmet sandwich shops
would be appropriate.
Jeff Douglas, owner of 3200 South Congress Avenue, agreed fast food was not appropriate,
but contended two or three tables at the bakery for sandwiches would help maintain the area.
Wholesale food distribution would be possible. Drive-thru windows would be totally
inappropriate and could be specifically prohibited in the regulations.
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Mr. Bressner felt it would be difficult for staff to create language that differentiates between the
types of food or types of chains that would be prohibited. There could also be legal
ramifications. It should become a matter between the landlord and tenant and not controlled
by the City.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
E.
Project:
Agent:
Description:
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) Tabled on July 15, 2008
Motion
Commissioner Ross moved to remove item VIILE. from the table. Vice Mayor Rodriguez
seconded the motion. The motion passed unanimously.
Attorney Cherof read Proposed Ordinance No. 08-021 by title only on first reading.
Ed Breese, Principal Planner, indicated the request stemmed from a 2005 Code amendment for
greater flexibility in home expansion without the need for a variance. The number of variance
applications has greatly decreased and home expansions have been done without the need for
a variance. Properties platted after 1975 would still require variances. Staff was requesting
that all single-family lots be eligible for administrative adjustments, adding 415 lots within the
City.
Mayor Taylor opened the issue for public hearing.
Mack McCray, 806 NW 4th Street, questioned what part of the City would be most affected. Mr.
Breese responded it would be spread throughout the City as it relates to all single-family
residential zoning districts.
Vice Mayor Rodriguez supported the request and suggested it would relieve the staff of dealing
with variance requests for minor changes.
Motion
Vice Mayor Rodriguez moved to approve Item VIILE. Commissioner Ross seconded the motion.
Commissioner Weiland agreed with Vice Mayor Rodriguez that it would be easier for
homeowners to expand their properties and their homes to remain in Boynton Beach.
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Vote
City Clerk Prainito called the roll. The vote was 5-0.
IX. CITY MANAGER'S REPORT:
A. Approve the removal of a boat dock in the City-owned public road right-of-way
on NE 12th Avenue
(This item was previously tabled to September 18,2008.)
B. Authorization to direct staff to use all available resources to help citizens
understand a proposed amendment to the Palm Beach County Charter
Wayne Segal, Public Affairs Director, explained voters would be asked if the County Charter
should be changed to require both County and Municipal approval of County Charter
amendments that affect municipal powers or functions. If an amendment was approved by the
County and not approved by a majority in the municipality, the municipality could opt out of the
requirements of the amendment. In April 2007 the Commission adopted a resolution
supporting the proposed amendment and in May, 2007 adopted a resolution supporting the
principals of home rule. The request is for direction on the level of advocacy and engagement
of staff as the election approaches.
Mayor Taylor noted the League of Cities totally supported the Let Us Vote amendment as it
protects home rule. The citizens should be informed to vote. Mr. Bressner added the City
could not advocate a "yes" vote, only provide information the issue is on the ballot and why it is
important to the citizens of Boynton Beach. The newsletter, internet, web page and cable
television can be used to inform the residents with reasonable cost. The funds approved in
2007 are being used for the Let Us Vote drive and some of those funds could be used for this
purpose. Mr. Segal indicated the City of Boca Raton was creating a public service
announcement that all municipalities could use.
Mack McCray, 806 NW 4th Street, inquired if any City staff would be available to meet with
homeowner associations. Mr. Bressner agreed that could be coordinated and a spirited but
inexpensive campaign would be launched.
X. FUTURE AGENDA ITEMS:
A. Barrier-Free Playground/Non-Profit 501(c)(3) Foundation - August 19, 2008
B. City Hall Chambers BBTV Upgrades CIP Project - August 19, 2008
C. Electronic Agenda Comparative Cost Analysis - August 19, 2008
D. Options for Hurricane Protection Project for 1913 Schoolhouse Children's
Museum - August 19, 2008
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E. American Assembly Implementation Recommendations - August 19, 2008
F. SCRWTD Board Ratifications - August 19, 2008
G. Towing Company Contract Renewal/Extension Process - August 19, 2008
H. Florida Retirement System - City Commission Pension Benefits Calculation -
August 19, 2008
1. Report and Recommendation on Police Facility Construction - September 2, 2008
J. CRA meeting to be held September 2, 2008 at 6:30 p.m. with the City
Commission meeting immediately thereafter.
K. Budget Public Hearing to Adopt Proposed FY 2008/09 Budget (1st Hearing) -
September 9, 2008
L. Adoption of Final Fire Assessment Rate Resolution - September 9, 2008
M. Budget Public Hearing - Adoption of FY 2008/09 Budget (2nd and Final Hearing) -
September 16, 2008
N. Discussion of Moving the September 16, 2008 City Commission meeting to
September 18, 2008 due to possible lack of quorum
O. Reconsideration of conveyance of Old High School from CRA to City of Boynton
Beach - October 7, 2008
P. 2008 Recreation and Parks Strategic Plan Update - TBD after further CIP analysis
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
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1. Proposed Ordinance No. 08-023 RE: Amending the
provisions of the City of Boynton Beach Code of Ordinances which
prohibits the sale of alcoholic beverages on Sunday mornings.
Attorney Cherof read Proposed Ordinance No. 08-023 by title only on first reading.
Mayor Taylor allowed public input on the issue.
Bill Schmalz, Boynton Leisureville, thanked the Commission for considering the issue and
alleged it was a religious blue law that was against the Constitution that separated church and
State. He contended he had freedom of religion, but also had freedom from religion. He
agreed with closing liquor sales after 2 a.m., but disagreed with allowing sales at 8 a.m. rather
than 7 a.m. on Sundays only.
Chuck Brannon, 2860 SW 4th Street, commented he agreed with the current prohibition as it
was a meaningful day and it made common sense. Most people would agree there is a problem
with alcohol and anything that could be done to prevent further saturation would be helpful.
He urged the Commission to continue the prohibition.
Commissioner Weiland understood both sides, but the prohibition was antiquated and should
have been changed. Curbing sales from 2 a.m. to 8 a.m. had merit for safety reasons rather
than religious beliefs. He asserted if alcohol could be purchased on the west of the City,
establishments in the City of Boynton Beach should also benefit as well.
Vice Mayor Rodriguez stressed the City and Nation had enough alcohol issues and if maintaining
the prohibition prevented one person from drinking, driving and taking even one life of a
Boynton Beach resident, the original Ordinance should be upheld. He noted only two citizens
had come forward and the majority of the citizens acknowledged and respected the regulation.
Mayor Taylor contended the issue of buying liquor was not enforceable for an individual who
truly wanted to purchase liquor on Sunday mornings. He acknowledged the current ordinance
was antiquated. He did note the 8 a.m. hour was County wide and should be consistent.
Commissioner Hay asserted Boynton Beach could set an example by maintaining the current
regulations. Some restriction was needed as part of the deterioration of the entire country by
eliminating things that have worked well in the past. He agreed with the current restrictions.
Commissioner Ross indicated the theory of possibly hurting a Boynton Beach resident would
also extend to the areas outside the City. She did not feel the current restriction was fair.
Mayor Taylor recognized there has been a religious aspect to the restriction from the beginning
and perhaps other religious days should also be restricted to be consistent and fair.
Vice Mayor Rodriguez continued to assert it was not religious, but a sound, common practice to
limit the access to alcohol. The restriction stops those reacting to a need for alcohol.
Commissioner Ross pointed out during prohibition days alcohol use was even heavier.
Commissioner Hay countered the country is also failing faster.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 5, 2008
Motion
Vice Mayor Rodriguez moved to deny Item XII.C.1. Commissioner Hay seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 2-3. (Mayor Taylor, Commissioners Weiland
and Ross dissenting)
Motion
Commissioner Weiland moved to approve Item XILC.1. Commissioner Ross seconded the
motion.
Vote
City Clerk Prainito called the roll. The vote was 3-2. (Vice Mayor Rodriguez and Commissioner
Hay dissenting)
2. Proposed Ordinance No. 08-024 RE: Amending
Ordinance 08-003 to correct the omission of Lot 44 from the legal
description, reconfirming inclusion in the Community Redevelopment Area
of the property described as Gulfstream Gardens.
Attorney Cherof read Proposed Ordinance No. 08-024 by title only on first reading.
Motion
Commissioner Weiland moved to approve Item XII.C.2. Commissioner Ross seconded the
motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
3. Proposed Ordinance No. 08-025 RE: Amending the
Community Redevelopment Plan to expand the boundary description to
include real property herein described and commonly referred to as The
Museum of Lifestyle and Fashion History site.
Attorney Cherof read Proposed Ordinance No. 08-025 by title only on first reading.
Mayor Taylor announced he would not support the ordinance. He did support the Museum, but
felt it was the wrong location and the parcel should remain within the City for the purpose of
taxable revenue. Another issue was the incentive that the CRA would eventually purchase the
property for $1.8M and the funds would not be available for many years.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 5, 2008
Vice Mayor Rodriguez pointed out the ordinance did not require any funding or purchase of the
property. Commissioner Ross agreed with Mayor Taylor. She did support the concept of the
Museum. Commissioner Hay felt there would be long-range benefit and the project would not
commence for several years when the economy was better. Commissioner Weiland did not
agree with pushing a commercial aspect into residential neighborhoods further south on
Seacrest. There would be enough time to find another location already in the CRA area without
annexing another parcel into the CRA. He did not support amending the CRA boundary. Mayor
Taylor added the proposed property would not add anything to the TlF base.
Lisa Bright, Executive Director, reported other non-profit parcels within the CRA district included
14 churches, the Community Caring Center, Women's Circle and others. Vice Mayor Rodriguez
indicated not only were no TlF funds received, but also the organizations were supported by
other means. Mayor Taylor countered those organizations had existed in the CRA area and new
parcels should not be added. Commissioner Hay determined the CRA boundaries had
previously been expanded to increase the TlF area and tax revenues to support other areas
that needed to be revitalized.
Ms. Bright advised Goal 2.1 of the CRA is to increase the tax base by new redevelopment
projects. The boundary change was specifically for economic development to increase the tax
base. The Museum is a 501(c)(3) and would not qualify, and there would be many challenges
with zoning and parking arrangements.
Vice Mayor Rodriguez asserted there was an assumption on the part of the Museum this would
be approved.
Motion
Commissioner Weiland moved to deny Proposed Ordinance No. 08-025. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 4-1. (Commissioner Hay dissenting)
4. Proposed Ordinance No. 08-026 RE: Amending the
Community Redevelopment Plan to clarify that enclaves and other
properties annexed into the City that are within the previously designated
boundaries of the CRA are part of the Community Redevelopment Area
and therefore subject to jurisdiction of the Community Redevelopment
Agency .
Attorney Cherof read Proposed Ordinance No. 08-026 by title only on first reading.
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
August 5, 2008
Motion
Commissioner Weiland moved to deny Proposed Ordinance No. 08-026. Commissioner Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 5-0.
D. Resolutions:
None
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
There being no further matters to come before the Commission, Mayor Taylor properly
adjourned the meeting at 8:57 p.m.
t.;
ATTEST:
Marlene Ross, Commissioner
18
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Sunshine Square
oevelopt\\ent
p & 1
BuIlding.
Englneenng
1'0 \.\cenll9 ..
Oce. C~" C\e'"
~
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: August 5,2008
TYPE OF RELIEF SOUGHT: Conditional Use approval for a 10,000 square foot cosmetology school
in 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:
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
"-X- 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
4 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
#(/,v&-
DATED:
(!) &--tJ g -{)B
ff-~~ LPn
City Clerk /
S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\ COUS 08-003\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: Sunshine Square
File number: caus 08-003
Reference: 2nd review plans identified as a Conditional Use with a June 23, 2008 Planning and Zoning
Department date stamp marking,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
Sunshine Square
CaDS 08-003
P 2
age
DEPARTMENTS INCLUDE REJ hL 1
ADDITIONAL PLANNING AND DEVELOPMENT
BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: /ZnUZ-
To be determined.
S :\Planning\SHARED\ WP\PROJECTS\Sunshine Square\COUS 08-003\COA.doc
Exhibit "A" - Site Location Map
Sunshine Square - COUS 08-003
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TENANT INTERIOR FOR:
JW HUAGREC~:~~;ER R.A. SALON PROFESSIONAL ACADEMY
",;:~~~'\,';":'~:., 552 S.E. 15TH AVE. (WOOLBRIGHT RD)
(1!i4)!15-5f!28 BOYNTON BEACH. FL 33435
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EXHIBIT 0
LAND.
DESIGN .
SOUTH
Planning
Landscape Architecture
Environmental Services
Transportation
561-478-8501 . FAX 561-478-5012.2101 Centrepark West Drive, Suite 100, West Palm Beach, Florida 33409
Justification. Statement
Sunshine Square
Approval of a Conditional Use
Submitted June 6, 2008
Resubmitted June 12, 2008
Resubmitted June 20, 2008
On behalf of the Petitioner, Land Design South of Florida, Inc. requests the following:
· Approval of a Conditional Use request to permit a Cosmetology School to be located in
the existing Building C within the Sunshine Square shopping center.
Property History and Site Characteristics
The subject property is located on the southwest corner of Federal Highway and Woolbright Road, and
currently operates as a commercial shopping center which includes a variety of retail uses. In 2006,
the property underwent a land use, rezoning, and major site plan approval, changing the Future Land
Use designation to Mixed Use (MX) and the zoning designation to Mixed Use Low 3 (MU-L3). A mixed
use site plan was also approved at this time. Since the time of the approved Site Plan and Rezoning in
2006, ownership transferred for the property. On January 2, 2008, the Boynton Beach City
Commission approved Ordinance 07-041 which revoked the 2006 zoning change and reverted the
property to its original zoning designation of Community Commercial (C3). On March 18, 2008, a Major
Site Plan Modification was approved by the City Commission to allow modifications to the existing
shopping center as well as the addition of one financial institution and reconfiguration of the existing
bank into a restaurant. Also at this time, a variance was approved to accommodate a pre-existing
parking deficit. On April 4, 2008, a Minor Site Plan Modification was approved to further modify the
parking configuration and traffic circulation to better serve the shopping center. This application for a
Conditional Use specifically relates to the addition of a 10,000 square foot Cosmetology School to be
located in existing Building C.
The subject property is 14.42 acres in size and has a zoning designation of Community Commercial
(C3) and a Future Land Use designation of Mixed Use (MX). The property is bounded on the north by
Woolbright Road. North of Woolbright Road is a vacant parcel with a zoning designation of Mixed Use
Low (MU-L) and a Future Land Use designation of MX. South Federal Highway bounds the subject
property on the east. East of Federal Highway is an existing commercial shopping center with a zoning
designation of Community Commercial (C3) and a Future Land Use designation of Local Retail
Commercial (LRC). Southwest 18th Street bounds the subject property to the south. Adjacent to the
subject property, north of Southwest 18th Street, are two commercial properties and one residential
property all with a zoning designation of C3 and Future Land Use designations of LRC. Across
Southwest 18th Street to the south is another commercial property which has a zoning designation of
C3 and a Future Land Use designation of LRC. The Florida East Coast Railroad bounds the subject
property to the west, west of the railroad is the City of Boynton Beach Utilities site, which has a zoning
designation of Public Usage (PU) and a Future Land Use designation of Public and Private
Government! Institutional (PPGI).
Conditional Use Application
As mentioned previously, the applicant is requesting a Conditional Use to allow a 10,000 square foot
Cosmetology School within the existing Sunshine Square Shopping Center. Per City of Boynton Beach
Sunshine Square
Page 1
June 20, 2008
Code of Ordinances, Chapter 2, Section 6.A.1.gg, a Cosmetology Use is permitted with approval of a
conditional use if the use is in conjunction with the delivery of the service to the general public on a
daily basis. The proposed cosmetology school will offer student instruction as well as salon services to
the public. The proposed school will accommodate five classes of 15-20 students each which will
receive instruction through varied class schedules. In general. one new class of students will begin
each 2 months, with a duration of 10 months. The general operating schedule for the school will be
Tuesday - Thursday 9 a.m. - 9 p.m.. Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. - 5 p.m. Upon student
enrollment reaching 60 students, the school will also operate on Monday from 9 a.m. to 5 p.m. In
correlation with these operating hours. the cosmetology school will offer salon related services to the
public during the following timeframes, Tuesday 1 p.m. - 9 p.m., Wednesday 1 p.m. - 9 p.m., Thursday
1 p.m. - 9 p.m., Friday 9 a.m. - 5 p.m., and Saturday 9 a.m. - 5 p.m. Services will include haircuts and
color, manicure, pedicure, as well as a full line of Redken products for retail sale.
As mentioned previously, the 10,000 square foot Cosmetology School will be located within the existing
Building C, in the space previously occupied by Marathon Music. Building C is currently undergoing
complete renovations to the exterior of the building to restore and update the building facades. The
proposed cosmetology school will utilize the fa<;ade renovations and is not proposing any architectural
renovations to remodel or black out the proposed school fa<;ade within the center. Through this, the
proposed school will remain compatible with the existing building fa<;ade and architectural design of the
existing center and will provide goods and services necessary to the community.
Subsection 2.11.2.C of the Code outlines the materials that must be submitted with a conditional use
application. These materials are included with the Conditional Use Application submittal and are to be
reviewed concurrently.
Chapter 2.11.2.D of the City of Boynton Beach Code outlines conditional use review standards. The
proposed Cosmetology School meets all the following standards for a conditional use:
1) Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or catastrophe.
The applicant is proposing to maintain the existing vehicular circulation patterns and approved
ingress and egress locations for the property. As outlined previously, the current site plan was
recently revised to provide better management of vehicular and pedestrian safety and circulation
while improving the overall aesthetic of the property. The main entrance drive aisle was widened
and included two ingress lanes, two egress lanes, and a divider median. A continuous five (5') foot
sidewalk from .the existing sidewalk along Woolbright to the existing Building C was also added
along the drive aisle to provide safe access to and from the site for pedestrians. Circulation and
safety was further improved with the addition of a six (6') foot divider median south of the main
entrance which allows for a right-turn only into the proposed Financial Institution parking area and a
right-turn only exit from the proposed Restaurant parking area. The restricted access provides
safer vehicle turning patterns and limits the amount of vehicles crossing in front of oncoming traffic.
The restricted access also provides Fire and Rescue with a more direct and unobstructed route free
of pedestrian pathways to structures on site. A secondary entrance onto Woolbright Road was also
removed to increase safety for vehicles leaving the site.
Additionally, based upon the Palm Beach County Trip Generation Rates table, the existing 10,000
square feet of general commercial (retail) space generates 1,546 daily trips. The change of uses in
the space to accommodate the proposed Cosmetology school will result in a reduction of trips
within the center, as a cosmetology school will generate 275 daily trips. As such, given the
reduction of trips as well as the above mentioned site improvements, the existing site configuration
will sufficiently provide for the proposed cosmetology school use.
2) Off-street parking and loading areas where required, with particular attention to the items
in subsection 0.1 above, and the economic, glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties, and the city as a whole.
The requested conditional use does not propose to add any additional square footage to the
Sunshine Square
Page 2
June 20, 2008
e,xisting shopping center, but rather will utilize existing space within Building C. As outlined in Item
1, the site was recently approved for a Major Site Plan modification which included amendments to
improve the pedestrian and vehicular circulation throughout the site and parking areas while
preserving on site parking. The proposed location of the Cosmetology School is adjacent to the
redesigned parking area, which will provide adequate parking and pedestrian access to the facility.
Additionally, per the Institute of Transportation Engineers (ITE) Parking Generation 3rd Edition, the
existing 10,000 square feet of retail space requires 47 parking spaces during peak hour, while the
proposed cosmetology school use will require 25 parking spaces during the peak hour. As such,
the cosmetology school will not create additional parking demand within the center, and the
provided parking and vehicular circulation conditions will adequately provide for the proposed use.
In regards to loading spaces, Building C is currently provided with three loading areas, located to
the south of Building C. The cosmetology school will be permitted to utilize all existing loading
zones. Given the nature of the requested use, it is not anticipated that the use will generate high
volumes of deliveries, as such it is anticipated that the existing loading space will adequately
provide for the Cosmetology School use. Given the nature of the use no glare, noise or odor effects
will result from the proposed use.
3) Refuse and service areas, with particular reference to the items in subsection 0.1 and 0.2
above.
The appropriate refuse and loading service area is currently provided on site to the south of building
C. Currently, Building C is provided with three loading areas and nine existing dumpsters. The
cosmetology school will be permitted to utilize all existing loading zones and dumpsters. As the
proposed Conditional Use is located within an existing building and the overall building square
footage is not increased, the refuse and loading service area, as provided, is adequate for the
proposed Conditional Use. The Cosmetology School will not generate any industrial, manufacturing,
special or hazardous waste, airborne pollutants, or require any special handling of solid waste, and
therefore, will not negatively impact the health, safety, or welfare of the surrounding community.
4) Utilities, with reference to locations, availability, and compatibility.
The proposed Cosmetology School will be located within the existing Building C, which is currently
provided with all applicable utility services. A letter from the project architect has been included
with this submittal indicating that the proposed water service is sized per Florida Building Code -
Table 603.1, which will provide adequate water supply for the proposed uses.
5) Screening, buffering, and landscaping with reference to type, dimensions, and character.
As the Cosmetology school will be located within an existing structure, the building footprints,
square footages, and setbacks for all structures have been preserved with this application. The
proposed Cosmetology School will be located in the existing Building C which has a two hundred
and eighty-eight (288') foot setback from the north property line, a forty-five (45') foot setback from
the east property line, and a one hundred and eighty-two (182') foot setback from the south
property line. Building C is screened with landscaping on all sides with four (4') foot landscape
planters along the front of the building, landscape islands within the adjacent parking areas that
range in size from five (5') feet to seventeen (17') in depth, buffer landscaping along the north,
south, and east property lines, as well as a ten (10') landscaped divider median along the existing
drive-aisle south of Building C. A variety of planting material will be utilized in the above mentioned
planting areas; such as, Silver Buttonwood, Cassia Trees, Date Palms, Royal Palms, Oaks, and
numerous shrubs and groundcovers. The provided landscaping and existing setbacks meet the
code requirement for this zoning district and provide adequate screening and buffering of the
existing Building C.
6) Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent and nearby properties.
As this application only pertains to the Conditional Use, all existing monument signs on the property
will be maintained per existing conditions and the approved site plan. Applicable building signage
for the Cosmetology School will be in correspondence with the approved sign program for the
Sunshine Square
Page 3
June 20, 2008
center. The addition of the Cosmetology School will not affect the existing lighting plan. The
approved lighting plan was designed to meet all applicable code requirements with no spill over,
glare or lighting onto adjacent properties, and provides many safety features for the project
including clearly visible pathways for pedestrians and highlighted vehicular circulation for traffic
safety. The lighting and signage is compatible with surrounding commercial and retail properties
and will be in harmony with the existing shopping center design.
7) Required setbacks and other open spaces.
As the applicant is requesting only a Conditional Use to an approved site plan to allow for the
Cosmetology School, building footprints, square footages, open space, and setbacks for all
structures have been preserved with this application. All setback and open space requirements
were met with the approved site plan and the proposed Conditional Use will not impact the existing
setbacks or increase building square footage. The proposed Cosmetology School will be located in
the existing Building C which has a two hundred and eighty-eight (288') foot setback from the north
property line, a forty-five (45') foot setback from the east property line, and a one hundred and
eighty-two (182') foot setback from the south property line. A plaza space has been provided with
the approved site plan north of Building A and will provide a gathering spot for employees and
visitors of the shopping center. This plaza space provides ample landscaping and screening for
comfortable use of the space and is located conveniently for pedestrians along Woolbright Road as
well as users of the center. Further, the existing Buildings A and C provide pedestrian arcades
connecting uses on the site, and will provide connection from the proposed Cosmetology School to
adjacent retail and open space uses.
8) General compatibility with adjacent properties, and other property in the zoning district.
The development renovations and proposed Conditional Use are compatible with surrounding
developments and will benefit and serve the community. The immediate surrounding properties are
zoned comparably to the subject site and will not conflict with the uses proposed for the site.
Further, the addition of the Cosmetology School will be an asset by providing employment
opportunities, goods, and services to the public, as well as, complement the current uses of the
shopping center.
9) Height of buildings and structures, with preference to compatibility and harmony to
adjacent and nearby properties, and the city as a whole.
As this application only pertains to the Conditional Use, all building heights per the approved site
plan have been maintained and do not exceed forty-five (45') in height permitted by the existing
zoning district. The affected area of Building C will not be altered in height by the addition of the
proposed Cosmetology school and will be maintained as a one story structure. The heights of all
other buildings on site are in accordance with other commercial properties in the vicinity and will not
adversely impact the surrounding community.
10) Economic effect on adjacent and nearby properties, and the city as a whole.
The addition of the proposed Cosmetology School will be an economic benefit to the City as it will
provide not only salon services to the public, but will also create new jobs for instructors at the
school. In addition, the school will provide technical training and certification for students seeking to
further their careers in this field and will promote ongoing certification of a trade necessary within
the community.
11) Conformance to the standards and requirements which apply to site plans, as set forth
in Chapter 4 of the City of Boynton Beach Land Development Regulations.
As previously mentioned, the proposed addition of the Cosmetology School will not result in any
modifications to the existing site plan configuration. As the Cosmetology School will be located
within existing space in Building C, the existing approved site plan will be maintained and will
remain in compliance with the City of Boynton Beach land Development Regulation relating to such.
12) Compliance with, and abatement of nuisances and hazards in accordance with the
performance standards, Section 4.N of Chapter 2; also conformance to the City of
Sunshine Square
Page 4
June 20, 2008
Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach
Code of Ordinances.
The proposed project does not create any nuisances and hazards as outlined in Section 4.N of
Chapter 2. The development renovations are compatible with surrounding developments and will
benefit and serve the community. As the requested Cosmetology School is located within an
existing building and all improvements will be interior, no adverse impacts specifically related to
sound quality are expected, and the property will remain in compliance with all applicable noise
control ordinances.
Conclusion
The proposed conditional use is considered to be consistent with the nature of surrounding
development and is suitable to the site context, 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 conditional use.
P:\247\247.14\LDS Documents\Submittal DocumentslJustification Statement\2008-06-20_Resubmittal Cosmo Condo Use Justification 2
_247.14.doc
Sunshine Square
Page 5
June 20, 2008
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
\>&1
Building.
Englneellng
. enU
Gulfstream Gardens PUD ~~~ut~cClt~ Clerk
Mr. Bradley Miller, AICP with Miller Land Planning Consultan ~
PROJECT NAME:
AGENT:
AGENTS ADDRESS:
420 West Boynton Beach Boulevard, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
Augu'st 5,2008
TYPE OF RELIEF SOUGHT: Request major site plan modification to construct 308 multi-family rental
units on 15.46 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Federal Highway, approximately % mile north of
Gulfstream Boulevard
DRAWINGS: SEE EXHIBITS "C" and "C-1" 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
A 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
X 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 #t' # t.
DATED 08-08-08 :Jt<~fI.~ +f:
S.\PlanningISHAREDlWPIPROJECTSIGulfstream GardenslGulfstream Gardens MSPM 08-0041DO.doc
EXHIBIT "D"
CONDITIONS OF APPROVAL
Master Plan / Maior Site Plan Modification
Project name: Gulfstream Gardens PUD
File number: MPMD 08-002 / MSPM 08-004
Reference: 2nd review plans identified as a Major Site Plan Modification with a May 27, 2008 Planning and
Z'D cia ki
onmg epartment te stamp mar ng.
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:
1. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article II, X
Section B.2 and Section M.
ENGINEERING
Comments:
2. Show on the engineering plan what erosion control measures will be used on X
the project during construction (LDR, Chapter 6, Article III, Section 4 and
Article V, Section 4.B.2.i(7); Chapter 8, Article III, Section A.1.a(9) and
(10), and Article V.) Specify on the plans that erosion and sedimentation
control will be addressed using Best Management Practices (BMPs.)
3. At the time of permitting, all projects one-acre or larger shall submit a Notice X
of Intent (NOl) to the FDEP for coverage under the NPDES Generic Permit.
Copies of the NOr shall be provided to the City of Boynton Beach
Department of Public W orIes/Engineering Division and Utilities
Department/Engineering Division.
4. Upon satisfactory Commission approval of the site plan, the applicant may be X
required to replat the subject property to reflect changes to proposed utility
and ingress/egress easements. A preliminary record plat application, through
the City's Engineering Division of Public Works, may be initiated during the
site plan review to expedite issuance of a Land Development Permit.
5. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
general grate, rim and invert elevations for all structures. Indicate grade of
storm sewer segments. Indicate material specifications for storm sewer.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 2
DEPARTMENTS INCLUDE REJECT
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 and Section 10.2 will be required at
the time of permitting.
UTILITIES
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
8. 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 N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
10. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements in accordance with the LDR, Chapter 6, Article N,
Section 6. Please show all proposed easements on the engineering drawings,
using a minimum width of 12 feet. The easements shall be dedicated via
separate instrument to the City as stated in CODE Sec. 26-33(e).
11. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
12. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments:
13. Roads and gate access during and after construction shall be 20 feet wide if X
two way and 12 feet wide if one-way.
Gulfstream G.deHS
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 3
DEPARTMENTS INCLUDE REJECT
14. Provide hydraulic calculations for this site that include water for both the X
fire sprinkler system and the fire hydrants. At least one new hydrant will be
required for this project. No portion of the building shall be further away
than 200 feet from a hydrant.
15. Show the location of the fire hydrants for this project. X
16. Any construction gates shall be fitted with either a Knox Lock or a Knox X
Box with an entrance key, for emergency access.
17. All roads shall be compacted to 32 tons and maintained so that emergency X
vehicles can access all areas of the site under construction at all times. The
responsibility for any emergency vehicles that become stuck'because of poor
roads will fall to the O\ffier of the property of the general contractor to have
it towed by an authorized towing agency.
18. A CAD disc that contains the final, approved plans for this project will be X
required for Fire Department.
19. Attached garages will require Carbon Monoxide Detection inside each X
living unit and shall be tied into the smoke detectors.
20. NFP A 13D fire sprinkler system required. X
21. The required Fire Sprinkler System shall be monitored by a UL or FM X
Listed Central Station.
POLICE
Comments:
22. Prior to issuance of the first building permit, the applicant shall prepare a X
construction site security and management plan for approval by the City's
Police Department CPTED Official.
a. The developer/project manager after site clearing and placement of
construction trailers shall institute security measures to reduce or
eliminate opportunities for theft. The management plan shall include,
but not be limited to, temporary lighting, security personnel, vehicle
barriers, construction/visitor pass, reduce/minimize entry/exit points,
encourage sub contractors to secure machinery, tools at end of work day
and/or any other measure deemed appropriate to provide a safe and
secure working environment.
b. The security management plan shall be maintained throughout the
construction phase of the project.
23. All lighting shall be metal halide following IESNA Lighting standards. X
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 4
,
DEPARTMENTS INCLUDE REJECT
24. Timer clock or photocell lighting for nighttime use shall be above or near X
entryways.
25. Pedestrian scale lighting shall be used for all street and pedestrian walkways. X
It is suggested that interactive or lighting on demand be used in sensitive
areas.
26. Numerical address: X
a. Shall be illuminated for nighttime visibility (dusk to dawn).
b. Shall not be obstructed.
c. Shall have bi-directional visibility from the roadway.
d. Building numbers shall be placed on the front and rear of the buildings.
27. Lighting shall be provided for entrance signage. X
BUILDING DIVISION
Comments:
28. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the commission and at permit review.
29. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
30. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
31. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
32. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 5
DEPARTMENTS
33. If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application: The full name of the
project as it appears on the Development Order and the C ommissi on-
approved site plan.
a. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. The total amount paid and itemized into how much is for water and how
much is for sewer.
(CBBCO, Chapter 26, Article il, Sections 26-34)
INCLUDE
X
34. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter I, Article V, Section 3(t))
35. 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.
36. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The United States Post
Office, the City of Boynton Beach Fire Department, the City's GIS Division,
and the Palm Beach County Emergency 911 shall approve the addressing
plan.
a. Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
b. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
37. Indicate on the site plan (Sheet CE-2) the distance that building #4 is located X
from the rear property line.
REJECT
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 6
DEPARTMENTS INCLUDE REJECT
38. Structures not located in a flood zone shall be constructed so that the finished X
floor elevation is a minimum of 12 inches above the crown of the road.
39. Sheet A 3.03: clearly show on the plan that the reach height for the mail X
kiosks complies with the requirement of the Fair Housing Act.
40. The playground, pavilion, tot lot, and swimming pool shall comply with the X
Fair Housing Act.
41. An accessible route shall be provided throughout the site and connect the X
buildings on the site.
PARKS AND RECREATION
Comments:
42. Park Impact Fees: 308 multi-family rental units x $924.00/unit = $284,592 to X
be paid prior to re-plat approval if a re-plat is required, otherwise the fees will
be paid at the time of permitting.
FORESTER/ENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE (All previous comments have been addressed). X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: -n~
1. To be determined.
MRIkz
S :\Planning\SHARED\ WP\PROJECTS\Gulfstream Gardens\MSPM 08-004\COA.doc
Exhibit "A" - Site Location Map
Gulfstream Gardens PUD
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~ r ~ . ;:I~ ;: PrY OF ~~~~s ..!~. FlORI>A ~ ~ ~ ~ : ~ ~~~;?S =
N g i u a:., I . i ~ ~ C.r11floOM of Authorization No. LB&45e
~ ! M.. SITE PLAN 3410~: =43~ ~..:i-::;.~~F1. 13014
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Gulfstream Gardens PUD
Development
P&Z
Building
Engineerlng
Occ. License
Deputy City Clerk
AGENT:
Mr. Bradley Miller, AICP with Miller Land Planning Consulta
AGENTS ADDRESS:
420 West Boynton Beach Boulevard, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
August 5, 2008
TYPE OF RELIEF SOUGHT: Request master plan modification to construct 308 multi-family rental
units on 15.46 acres in the PUD zoning district.
LOCATION OF PROPERTY: West side of Federal Highway, approximately % mile north of
Gulfstream Boulevard
DRAWINGS: SEE EXHIBITS "C" and "C-1" 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
-X 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
'-X. 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
poP f,
DATED: 03- sa - 08
ja~if!!Lfr, +7
S:\PlanningISHAREDlWP\PROJECTS\Gulfstream Gardens\Gulfstream Gardens MSPM 08-004\DO.doc
EXHIBIT "D"
CONDITIONS OF APPROVAL
Master Plan / Major Site Plan Modification
Project name: Gulfstream Gardens PUD
File number: MPMD 08-002 / MSPM 08-004
Reference: 2nd review plans identified as a Major Site Plan Modification with a May 27,2008 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:
1. Provide Fire Lanes in accordance with the LDR, Chapter 23, Article II, X
Section B.2 and Section M.
ENGINEERING
Comments:
2. Show on the engineering plan what erosion control measures will be used on X
the project during construction (LDR, Chapter 6, Article III, Section 4 and
Article V, Section 4.B.2.i(7); Chapter 8, Article III, Section A.1.a(9) and
(10), and Article V.) Specify on the plans that erosion and sedimentation
control will be addressed using Best Management Practices (BMPs.)
3. At the time of permitting, all projects one-acre or larger shall submit a Notice X
of Intent (NOI) to the FDEP for coverage under the NPDES Generic Permit.
Copies of the NOI shall be provided to the City of Boynton Beach
Department of Public Works/Engineering Division and Utilities
Department/Engineering Division.
4. Upon satisfactory Commission approval of the site plan, the applicant may be X
required to replat the subject property to reflect changes to proposed utility
and ingress/egress easements. A preliminary record plat application, through
the City's Engineering Division of Public Works, may be initiated during the
site plan review to expedite issuance of a Land Development Permit.
5. Specify storm sewer diameters, inlets types, etc. on drainage plan. Indicate X
general grate, rim and invert elevations for all structures. Indicate grade of
storm sewer segments. Indicate material specifications for storm sewer.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 2
DEPARTMENTS INCLUDE REJECT
6. Full drainage plans, including drainage calculations, in accordance with the X
LDR, Chapter 6, Article N, Section 5 and Section 10.2 will be required at
the time of permitting.
UTILITIES
Comments:
7. Palm Beach County Health Department permits will be required for the water X
and sewer systems serving this project (CODE, Section 26-12).
8. 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 N, Section
16, or the requirement imposed by insurance underwriters, whichever is
greater (CODE, Section 26-16(b)).
9. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X
for this project either upon the request for the Department's signature on the
Health Department application forms or within seven (7) days of site plan
approval, whichever occurs first. This fee will be determined based upon
final meter size, or expected demand.
10. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements in accordance with the LDR, Chapter 6, Article IV,
Section 6. Please show all proposed easements on the engineering drawings,
using a minimum width of 12 feet. The easements shall be dedicated via
separate instrument to the City as stated in CODE Sec. 26-33(e).
11. This office will not require surety for installation of the water and sewer X
utilities, on condition that the systems be fully completed, and given to the
City Utilities Department before the first permanent meter is set. Note that
setting of a permanent water meter is a prerequisite to obtaining the
Certificate of Occupancy.
12. A building permit for this project shall not be issued until this Department has X
approved the plans for the water and/or sewer improvements required to
service this project, in accordance with the CODE, Section 26-15.
FIRE
Comments:
13. Roads and gate access during and after construction shall be 20 feet wide if X
two way and 12 feet wide if one-way.
Gu1fstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 3
DEPARTMENTS INCLUDE REJECT
14. Provide hydraulic calculations for this site that include water for both the X
fire sprinkler system and the fire hydrants. At least one new hydrant will be
required for this project. No portion of the building shall be further away
than 200 feet from a hydrant.
15. Show the location of the fire hydrants for this project. X
16. Any construction gates shall be fitted with either a Knox Lock or a Knox X
Box with an entrance key, for emergency access.
17. All roads shall be compacted to 32 tons and maintained so that emergency X
vehicles can access all areas of the site under construction at all times. The
responsibility for any emergency vehicles that become stuck because of poor
roads will fall to the owner of the property of the general contractor to have
it towed by an authorized towing agency.
18, A CAD disc that contains the final, approved plans for this project will be X
required for Fire Department.
19, Attached garages will require Carbon Monoxide Detection inside each X
living unit and shall be tied into the smoke detectors.
20, NFP A 13D fire sprinkler system required. X
21. The required Fire Sprinkler System shall be monitored by a UL or FM X
Listed Central Station.
POLICE
Comments:
22. Prior to issuance of the first building permit, the applicant shall prepare a X
construction site security and management plan for approval by the City's
Police Department CPTED Official.
a. The developer/project manager after site clearing and placement of
construction trailers shall institute security measures to reduce or
eliminate opportunities for theft. The management plan shall include,
but not be limited to, temporary lighting, security personnel, vehicle
barriers, construction/visitor pass, reduce/minimize entry/exit points,
encourage sub contractors to secure machinery, tools at end of work day
and/or any other measure deemed appropriate to provide a safe and
secure working environment.
b. The security management plan shall be maintained throughout the
construction phase of the project.
23. All lighting shall be metal halide following IESNA Lighting standards. X
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 4
DEPARTMENTS INCLUDE REJECT
24. Timer clock or photocell lighting for nighttime use shall be above or near X
entryways.
25. Pedestrian scale lighting shall be used for all street and pedestrian walkways. X
It is suggested that interactive or lighting on demand be used in sensitive
areas.
26. Numerical address: X
a. Shall be illuminated for nighttime visibility (dusk to dawn).
b. Shall not be obstructed.
c. Shall have bi-directional visibility from the roadway.
d. Building numbers shall be placed on the front and rear of the buildings.
27. Lighting shall be provided for entrance signage. X
BUILDING DIVISION
Comments:
28. Please note that changes or revisions to these plans may generate additional X
comments. Acceptance of these plans during the TART (Technical Advisory
Review Team) process does not ensure that additional comments may not be
generated by the commission and at permit review.
29. Buildings, structures and parts thereof shall be designed to withstand the X
minimum wind loads of 140 mph. Wind forces on every building or structure
shall be determined by the provisions of ASCE 7, Chapter 6, and the
provisions of 2004 FBC, Section 1609 (Wind Loads). Calculations that are
signed and sealed by a design professional registered in the state of Florida
shall be submitted for review at the time of permit application.
30. Buildings three-stories or higher shall be equipped with an automatic X
sprinkler system per F.S. 553.895. Fire protection plans and hydraulic
calculations shall be included with the building plans at the time of permit
application.
31. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
32. At the time of permit review, submit details of reinforcement of walls for the X
future installation of grab bars as required by the FFHA, Title 24 CFR, Part
100.205, Section 3, Requirement #6. All bathrooms within the covered
dwelling unit shall comply.
Gulfstream Gardens
Conditions of Approval
MPMD 08-002 / MSPM 08-004
Page 5
DEPARTMENTS
33. If capital facility fees (water and sewer) are paid in advance to the City of
Boynton Beach Utilities Department, the following information shall be
provided at the time of building permit application: The full name of the
project as it appears on the Development Order and the Commission-
approved site plan.
a. If the project is a multi-family project, the building numbers must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
b. The number of dwelling units in each building.
c. The number of bedrooms in each dwelling unit.
d. 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)
INCLUDE
X
34. At time of building permit application, submit verification that the City of X
Boynton Beach Parks and Recreation Impact Fee requirements have been
satisfied by a paid fee or conveyance of property. The following information
shall be provided:
a. A legal description of the land.
b. The full name of the project as it appears on the Development Order and
the Commission-approved site plan.
c. If the project is a multi-family project, the building number/s must be
provided. The building numbers must be the same as noted on the
Commission-approved site plans.
d. The number of dwelling units in each building.
e. The total amount being paid.
(CBBCO, Chapter 1, Article V, Section 3(f))
35. 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.
36. The full address of the project shall be submitted with the construction X
documents at the time of permit application submittal. The United States Post
Office, the City of Boynton Beach Fire Department, the City's GIS Division,
and the Palm Beach County Emergency 911 shall approve the addressing
plan.
a. Palm Beach County Planning, Zoning & Building Division, 100
Australian Avenue, West Palm Beach, Florida (Sean McDonald - 561-
233-5013)
b. United States Post Office, Boynton Beach (Michelle Bullard - 561-734-
0872)
37. Indicate on the site plan (Sheet CE-2) the distance that building #4 is located X
from the rear property line.
REJECT
Exhibit ..A.. - Site Location Map
Gulfstream Gardens PUD
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