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Minutes 06-02-09 MINUTES OF THE CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, At 6:30 P.M., ON TUESDAY, JUNE 2, 2009 Present: Jerry Taylor, Mayor Woodrow L. Hay, Vice Mayor Ronald Weiland, Commissioner Jose Rodriguez, Commissioner Marlene Ross, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Janet M. Prainito, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation by Rev. Greg Fitch - Police Chaplain C. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Greg Fitch offered an invocation and Vice Mayor Woodrow Hay led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Vice Mayor Hay moved to approve the agenda. Commissioner Ross seconded the motion. The motion passed unanimously. II. OTHER: A. Informational Items by Members of the City Commission Commissioner Ross announced she had attended the Community Alliance meeting at the Intracoastal Clubhouse. There were approximately 35 people in attendance. She commended Carisse Lejeune and Nancy Bryne for organizing and leading the many groups and recognized the first green business in Boynton Beach, EDI, for hosting the next meeting. Mayor Taylor recognized his son, Paul, his wife, Patti, and their daughter, Lydia, visiting from Illinois, as well as his wife, Dolores, and daughter, Jeanne. 1 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 Vice Mayor Hay indicated he has been teaching computer classes at the Library and it was a pleasure to work with the more mature citizens. III. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. June 2nd, 2009 will be the opening of the Living by the Launch Pad: 40th Anniversary of Apollo 11 series of exhibits and programming at the Boynton Beach City Library and Schoolhouse Children's Museum & Learning Center. Mayor Taylor announced items on loan from the Kennedy Space Center would be on display for the Living by the Launch Pad: 4rJh Anniversary of Apollo 11 series of exhibits and programming. Three movies and various activities, including guest speakers, would be ongoing during the exhibit. B. Community and Special Events: None C. Presentations: 1. Proclamations: a. Code Enforcement Officers' Appreciation Week - June 1-5, 2009 The proclamation was read commemorating Code Enforcement Officers' Appreciation Week, June 1 - 5, 2009, and presented to Diane Springer, Code Compliance Coordinator. Mayor Taylor commended the job of Code Enforcement Officers that often goes unnoticed, but they keep neighborhoods in great condition. 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> Mark Karageorge, 240A Main Boulevard, commended the Code Enforcement Department and staff, especially the Administrator, Scott Blasie, who treated everyone with respect, dignity and a high degree of professionalism. Maria Figueroa and Eliza Figueroa, 1630 NW 3rd Lane, complained that work done by a contractor, through an approved program of the City, was not correctly done over three years ago and the damage remains. The scope of work was to redo a roof, windows, replace the 2 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 metal posts holding the roof over the porch and add a bedroom. The ceiling leaks with heavy rain, the posts are rotting and the wood and concrete around the front windows are damaged and leak. The added room is unlevel as well as the bathtub, floor and ceiling causing the bathtub to rust, a crack in the ceiling, and water seeping around the toilet. Contact with staff indicated the City was no longer involved in the situation. Ms. Figueroa advised a second loan to fix the problems was not possible and her family would appreciate some type of assistance from the City. Mayor Taylor asked for a follow up from staff on the status of the complaint. Vice Mayor Hay had visited the home and the pictures did not depict the seriousness of the situation. He urged the City to find a way to help the family with what has become a health issue. Mr. Bressner noted the City was not a party to the contract. Funding was provided through SHIP. Mrs. Figueroa pointed out the City brought in the contractors. Mayor Taylor noted the contractor should not be permitted to work in the City. Octavia Sherrod, Community Improvement Manager, replied contractors are pre-qualified by the City and references are checked as well as any complaints against the licenses. A bidding process to select the contractors is utilized. Ms. Sherrod indicated a complaint was filed with the construction industry, but was unaware of the outcome as the City was not part of the process. Attorney Cherof advised the City did attempt to have the contractor return and do additional work; he refused. Mr. Bressner stressed the City did attempt to encourage the contractor to honor the contract with the individual. Andrea Heaven, 8149 Mystic Harbor Circle, thanked Vice Mayor Hay for his donation to the Boynton Beach Hoops team. She pointed out the team was in the Division II, 10 and under category traveling to Lakeland for State competition. The team was 16-0 and number one in the State. Donations were still needed to cover traveling expenses for fl,Jrther competition. The team, parents and coaches were present and recognized. Mayor Taylor commended the team for their record and noted it gave credit to the entire City. Vice Mayor Hay concurred with Mayor Taylor and challenged the Commission to also make donations to further their efforts. Mayor Taylor and Commissioner Ross donated $500 each. Commissioners Weiland and Rodriguez donated $250 each. Jeff Morgan, 745 SW 1st Court, thanked the Commission for denying the extension of the site plan at the site of the 1926 train station adjacent to the Lake Boynton Estates development. The struggle did serve to unite the neighborhood. Lois Smith, 122 NW 8th Avenue, a representative of the HOB committees, asked the Commission to implement the recommendations given to the Community Redevelopment Agency (CRA) for the Heart of Boynton community. Mayor Taylor advised at the last Community Redevelopment Agency meeting the recommendations were discussed and progress was being made on some of the issues. Vice Mayor Hay noted the prioritized list requested would be forthcoming. Sasha Lagano, 1990 NE 5th Street, submitted the proposed artist rendering of the Preserve and pictures of the current status of the development. The units were originally $350,000 and 3 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 had been reduced to $280,000 to meet the criteria for grants. Ms. Lagano reported she had a broken step, insufficient parking space, inadequate shutters, electrical issues, and vehicle damage from the sprinklers. Most of the issues were covered under the warranty; however, the contractor refused to correct the problems. Other complaints included several roof leaks, fading exterior paint, broken roof tiles, construction equipment storage on-site and debris, and rodent infestation. The surrounding area was not redeveloped as promised. The homeowner fees had increased while amenities, such as cable TV, had been discontinued. Vagrants were also present in the development. Teasha Thomas, 1763 NE 6th Street, another resident of the Preserve, described her experience as horrible for a first-time homeowner. She acknowledged the issues previously mentioned while the fees increased $110 per month. More foreclosures were probable. Safety was a major concern. Ms. Thomas requested the Commission investigate the matter because CRA funds were used. Her closing took a considerable amount of time and many discounts had been promised until a low appraisal was submitted and all the discounts were retracted. Ms. Thomas advised she was a teacher and works three jobs to maintain her home. Joseph Elkins, 1850 NE 5th Street, had bought pre-construction in the Preserve without a CRA grant. The builder promoted the CRA partnership. The builder had misrepresented their commitments both verbally and in writing and bullied the residents into closings. Mr. Elkins had contacted both Mayor Taylor and Lisa Bright, Executive Director of the CRA for assistance. Since grant money ~as not involved the builder would not acknowledge their involvement. The developer, Cornerstone Group, vyas not delivering on the vision of the CRA. The situation for the residents was getting worse rather than better. Shonae Trotman, 1826 NE 5th Street, advised it took her three years to close on her residence at the Preserve and was very thankful for the grants received. It had evolved into a nightmare and she was willing to walk away from her home and start over elsewhere. She stressed the CRA was totally helpful. It was misleading when the Cornerstone Group depicted a partnership with the CRA. Her service requests were ignored on several occasions. The materials used were not sufficient and safety concerns were a major issue. She requested an advocate be found to intercede on the residents' behalf and meet with Cornerstone. The current conditions were unacceptable. Commissioner Weiland suggested at least one representative for the residents attend the next Community Redevelopment Agency Board meeting. Mr. 6ressner requested the names of the new representatives of the Cornerstone Group. Commissioner Rodriguez suggested the CRA staff be directed to give an update on the project at the next meeting. Vice Mayor Hay agreed. Mayor Taylor commented the City was not a partner with the developer. The only involvement was the CRA assist~d homebuyers in purchasing properties in the Preserve. There could be Code violations that may be addressed. Kristen Gallagher, 1843 NE 5th Street, a single mother, graduate student and full time employee, indicated her financial situation was tenuous. When the contractor discontinued the cable TV and wireless internet a letter was sent advising the homeowner fees would be 4 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 decreasing. They have now been increased $110. She requested assistance before foreclosure was necessary. Dawn Osowsky, 1751 NE 6th Street, advised her fees had increased three times over the last year. She discovered Cornerstone owned many of the town homes and were renting the units, but not paying the homeowner fees. The residents were being victimized with increased fees to compensate for the developer's own non-payment of fees. Safety was an issue and youth from adjacent properties ~ere using the facilities and causing problems. Mayor Taylor indicated the City would review the City's legal standing in the situation and assistance that could be given. Victor Norfus, 261 N. Palm Drive, thanked the Commission for denying the truck route through Lake Boynton Estates. Access to the Sara Sims Park and churches in the area were also a concern with the closure of the street on Martin Luther King Boulevard. An alternative route should be sought to access Sara Sims Park from Martin Luther King Boulevard. Mayor Taylor responded the community committee had recommended the street be closed. Don Scantlan, 13 Cedar Circle, thanked the Commission for the Veteran's Day ceremony. Mr. Scantlan gave an update on the Summer Youth Program with Workforce Alliance. Applications were still being accepted. Employers were still needed. Sonny Garcia, 1631 NW 3rd Lane, advised a State inspector had visited the Figueroa house and compiled a list of items that needed to be fixed by the City or the contractor. The items were never corrected. No one else coming forward, Mayor Taylor closed the public audience. V. ADMINISTRATIVE: A. Accept the resignation of David Barie, Regular member of the Recreation & Parks Board Motion Commissioner Weiland moved to accept. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Appointments to be made: Appointment To Be Made Board Length of Term Expiration Date I Weiland Mayor Taylor Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Alt Alt Weiland Cemetery Board Reg 1 yr term to 12/09 Tabled (2) 1 yr term to 12/09 Tabled (3) 3 yr term to 12/09 Tabled (2) 5 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 II Hay Cemetery Board Alt 1 yr term to 12/09 Mayor Taylor Code Compliance Board Alt 1 yr term to 12/09 Weiland Education & Youth Advisory Board Reg 2 yr term to 12/09 Tabled (2) Motion Commissioner Weiland appointed Jose DeLaTour III as a regular member of the Education & Youth Advisory Board. Commissioner Ross seconded the motion. The motion passed unanimously. IV Ross Mayor Taylor Education & Youth Advisory Board Education & Youth Advisory Board Alt Stu N/V Alt 1 yr term to 12/09 Tabled (3) 1 yr term to 12/09 Tabled (3) 1 yr term to 12/09 Tabled (3) Weiland Senior Advisory Bd Commissioner Weiland requested Katherine Cregan be appointed as an alternate. Motion Vice Mayor Hay moved to appoint Katherine Cregan as an alternate member of the Senior Advisory Board. Commissioner Rodriguez seconded the motion. The motion passed unanimously. II Hay Senior Advisory Bd Alt 1 yr term to 12/09 Tabled (3) Motion Vice Mayor 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 Meeting Minutes - May 19, 2009 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2008-2009 Adopted Budget. 1. Award a contract to HDR Engineering, Inc. of Tampa, FL, RH' #034- 121O-09jOD "Annual Contract for Real Estate Administrator" to be utilized on an "as needed" basis to facilitate land acquisition, relocation and property management. (Proposed Resolution R09-074 )(Tabled on May 19, 2009) 6 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 Commissioner Weiland pulled Item VI.B.l for discussion. 2. Approve the purchase of audio/visual equipment for Fire Station #5, Fire Administration Offices, City Emergency Operations Center (EOC) and backup Communication Division Public Safety Answering Point (PSAP) to include installation, programming and training from AVI-SPL, Inc. of Deerfield Beach, FL with an expenditure of $146,829.80.' 3. Award the "RE-BID FOR TWO-YEAR CONTRACT FOR SCHOOL CROSSING GUARD SERVICES" Bid #027-21l0-09jJA, to Kemp Group International Corporation of Miami, FL, for an estimated annual expenditure of $304,170. (Proposed Resolution No. R09-0BO) 4. Approve the sole source purchase of two LIFEPAK-15 cardiac monitor/defibrillators from Physio-Control Inc. located at Redmond, WA, for a total expenditure of $56,524.81. C. Resolutions: 1. Proposed Resolution No. R09-081 Re: Assessing the cost of nuisance abatement on properties within the City of Boynton Beach. 2. Proposed Resolution No. R09-082 Re: Approving the adoption of the City of Boynton Beach's Second Planned Amendment for Community Development Block Grant (CDBG) FY 2008/09. Commissioner Ross pulled Item VI.C.2 for discussion. D. Accept the attached Analysis of Revenues & Expenditures (General Fund and Utility Fund) for the seven months ended April 30, 2009. Mayor Taylor pulled Item VI.D. for discussion. Motion Commissioner Weiland moved to approve the Consent Agenda Items with the exception of those pulled for discussion. Commissioner Ross seconded the motion. The motion passed unanimously. VI.B.1 Award a contract to HDR Engineering, Inc. of Tampa, FL, RFP #034-1210- 09jOD "Annual Contract for Real Estate Administrator" to be utilized on an "as needed" basis to facilitate land acquisition, relocation and property management. (Proposed Resolution R09-074)(Tabled on May 19,2009) 7 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 Commissioner Weiland noted only a few appraisers had been used since 2002. Most of the work was done with staff. With the uncertainty of the current budget, Commissioner Weiland could not support the expenditure. Mr. Bressner pointed out staff had not been doing appraisals and an outside real estate firm had been utilized. Quintus Greene, Development Director, added no commissions ~ad been paid. Unlike most municipalities, the City of Boynton Beach did not have its own property management entity. The process was used to assure there was a competitive process and the best price was obtained. Motion Commissioner Ross moved to remove Item VI.B.1 from the table. Commissioner Weiland seconded the motion. The motion passed unanimously. Commissioner Rodriguez inquired about the impact if the matter was not approved. Mr. Greene replied for each transaction a competitive process would have to be used to obtain the services. Motion Commissioner Rodriguez moved to approve Item VI.B.1. Vice Mayor Hay seconded the motion. The motion passed 4-1. (Commissioner Weiland dissenting) VI. C. 2 Proposed Resolution No. R09-082 Re: Approving the adoption of the City of Boynton Beach's Second Planned Amendment for Community Development Block Grant (CDBG) FY 2008/09, Commissioner Ross highlighted the item because it was a supplemental appropriation for the Community Development Block Grant to address the critical employment and economic development needs. She requested an update of new jobs created and those maintained when the funding was received. Mr. Bressner's interpretation was it would not create jobs, but would create cost savings for individuals. Mr. Greene added the intent was to achieve some energy efficiencies. Indirectly, work being done towards that goal would create jobs. Commissioner Ross summarized it would augment the Energy Efficiency and Conservation Block Grant in 2009. Motion Commissioner Ross moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. VI.D. Accept the attached Analysis of Revenues & Expenditures (General FL:nd and Utility Fund) for the seven months ended April 30, 2009. Mayor Taylor was concerned that the $4.6 million revenue from the reserve funds was in addition to the previously approved budgeted amount. Barry Atwood, Director of Finance, indicated the $4.6 million was the budgeted amount and no additional transfer of funds was anticipated. 8 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 Motion Mayor Taylor moved to approve Item VLD. Commissioner Rodriguez seconded the motion. The motion passed unanimously. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: A. Authorize the payment of a settlement in the amount of $15,000 in the case Juleen Jacobs v. City of Boynton Beach. Vice Mayor Hay inquired if there was a budgeted amount for legal settlements. Chuck Magazine, Risk Manager, explained there is an amount budgeted to cover cases during the year. It is a part of the self-insurance program. Motion Vice Mayor Hay moved to approve Item VILA. Commissioner Ross 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 anyone testifying for Items C and D, quasi judicial proceedings. A. Project: Planned Commercial Development (PCD) Setbacks- Accessory Fuel Pumps (CDRV 09-003) City-initiated Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning to create a waiver process for minimum setbacks associated with ancillary fueling centers with Planned Commercial Development (PCD) zoning districts annexed into the City. (1st Reading Proposed Ordinance No. 09-026) Agent: Description: Attorney Cherof read Proposed Ordinance No. 09-026 by title only, on first reading. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Ed Breese, Principal Planner, indicated the intent was to establish a waiver process for existing projects being annexed into the City that could not meet certain PCD regulations. Po. waiver 9 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 could be issued and mitigate potential impacts of an ancillary fueling center. Staff recommended approval. Motion Vice Mayor Hay moved to approve Item VIlLA. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. B. Project: Agent: Description: Funeral Home with Cemetery (CDRV 090-004) City-initiated Request for interim amendment to the Land Development Regulations, Chapter 2, Zoning to allow Funeral Homes with Cemetery in the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres. (1st Reading Proposed Ordinance No. 09-027) Attorney Cherof Proposed Ordinance No. 09-027 by title only, on first reading. Mr. Breese reported the request related to the annexation of Palm Beach Memorial Park and noted a cemetery as a principal use was only allowed in a public usage zoning district and not intended for a privately-operated cemetery. A funeral home use would be a commercial venture and a more intensive use of the site. Staff agreed with the applicant that a commercial zoning was appropriate for the site. Staff recommended the County zoning designation continue after annexation into the City and the Code Review be approved. Mayor Taylor opened the issue for public hearing. Greg Kino, legal counsel for Hector Sardena, reported discussions between the parties were ongoing relating to the future land use map changes, rezoning and annexation. He wanted to defer comments until the second reading and public hearings relating to Sam's Club and Northstar. He requested a two week postponement and waived any objection to the ~ity not adopting the Future Land Use Map Amendment within 60 days as statutorily required pending further negotiations. He had objection to approving the request on first reading. Motion Commissioner Weiland moved to approve Item VIILB. Vice Mayor Hay seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 10 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 Mr. Breese recommended the tabling of agenda Items XII.A.1 through A.B to correspoild with the second reading of Ordinance 09-027. Motion Commissioner Ross moved to table Items XII.A.1 through A.B. Commissioner Rodriguez seconded the motion. The motion passed unanimously. Bonnie Miskel, representing Sam's Club, requested tabling of Item XII.D.2 and XII.D.3. relating to the subject annexations. Mr. Breese indicated staff agreed. Motion Commissioner Ross moved to table Items XII.D.2 and XII.D.3. Commissioner Weiland seconded the motion. The motion passed unanimously. c. Project: Agent: Owner: Location: Description: Calvary Chapel (MPMD 09-001) David Frank of Precision Drafting & Design Calvary Chapel of Boynton Beach, Inc. 3190 Hypoluxo Road Request for approval of a modification of the approved campus master plan increasing the number of project phases from four to six to include the addition of an interim (temporary modular) school facility and a maintenance building, and updating the project build-out schedule. Attorney Cherof obtained agreement from the applicant to combine Items VIII.C and VIII.DJor hearing. D. Project: Agent: Owner: Location: Description: Ca',vary Chapel (NWSP 09-002) David Frank of Precision Drafting & Design Calvary Chapel of Boynton Beach, Inc. 3190 Hypoluxo Road Request for approval of a 2,200 square foot temporary modular classroom building, as part of the new Phase II of the master plan within a Planned Unit Development (PUD) zoning district. Mr. Breese located the property and reviewed the various phases of the project. The master plan modification was requested to incorporate a temporary 2,200 modular classroom building into the second phase of the project. It would be needed for approximately three months until permanent classroom space would be available. Two additional phases have been added to the master plan for the ultimate build out. Based on the non-impactful nature of the phasing and the modification, staff recommended approval of the master plan modification. The new site 11 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 plan included the temporary modular classroom and the additional parking requirements would be met. Agreement with the conditions of approval would be necessary. The applicant agreed with all conditions of approval. Mayor Taylor opened the issue for public hearing. No one came forward. Mayor Taylor closed the public hearing. Motion Commissioner Rodriguez moved to approve Item VIII.C. Commissioner Ross seconded the motion. The motion passed unanimously. Motion Commissioner Ross moved to approve Item VIII.D. Commissioner Rodriguez seconded the motion. The motion passed unanimously. IX. CITY MANAGER'S REPORT: A. Proposed Annexation Policy by Interlocal Service Boundary Agreement (ISBA) Mr. Bressner sought authorization to begin an Interlocal Service Boundary Agreement (ISBA) process with Palm Beach County. He introduced Donna Brosemer who was working on behalf of the City to do research and necessary procedures. In the past, if an annexation created an enclave the municipality could not proceed. The new process would provide an avenu~ for the annexation to continue. Donna Brosemer, Consultant, reported annexations were made a priority in 2004 by the Commission. A review of the water service agreements including a voluntary annexation clause was undertaken to determine properties that could be annexed. Mr. Bressner further explained the City agreed in the water service agreements to extend municipal water service outside the City limits and annex the property at such time as the property was contiguous to the City. However, in most cases enclaves were created and annexation was not possible. The properties do fall within the utility service area. Two neighborhoods were identified that had voluntary annexation clauses in their water service agreements and are contiguous to the City. But, two enclaves were created and the County suggested the ISBA process be examined. The process is a new tool created by the legislature for strategic long range planning. Annexations are promoted to improve service delivery and square off municipal boundaries. The existing statutory requirements prohibit any further annexations. The ISBA created in 2005 allows a municipality to review its reserved annexation area. Individual parcels have to be evaluated comprehensively with the entire area. It takes six to nine months and involves staff time. It is a long-range strategic plan and does not obligate the City to annex and can be effective for 20 years. The function is to streamline 12 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 annexations as opportunity arises. There would be no negative impact to have the agreement; however, not having it will prohibit annexations for the City and the citizens. Another alternative would be to maintain the current process and do annexations on a piece-meal basis Motion Vice Mayor Hay moved to move ahead with the ISBA. Commissioner Ross seconded the motion. Commissioner Rodriguez questioned why the property owners involved were not notified of the discussions and the agreement. Mr. Bressner noted that notification was an essential element and the Coalition of Western Boynton Residents Association would also be an interested party. Taxes would be increasing and the residents should have notification. There would be annexation areas allover the City. Ms. Brosemer clarified the ISBA did not pertain to any specific annexation that was eminent, so notification parameters could not be determined. The agreement allows for the determination of possible annexation areas and studies of the areas to be undertaken to determine the potential tax revenue and the cost of providing services. The motion passed unanimously. B. Boynton Inlet Committee Recommendations Mr. Bressner recalled the Commission received funding several years ago for a study of the feasibility of a structural modification to the Lake Worth Inlet, also known as the Boynton Inlet. The Inlet Committee had representation from the City of Boynton Beach, Town of Lantana, Town of Manalapan, Town of Ocean Ridge, Briny Breezes, and Hypoluxo plus citizen and County representation. The Florida Inlet Navigation District (FIND) and Marine Industry of Florida were also invited. The services of Applied Technologies Management (ATM) were retained to complete the analysis and suggest alternatives to include a ranking of the appropriate improvements. The recommendations decided upon would ultimately be forwarded to Palm Beach County the owner and operator of the Inlet. Ms. Brosemer was instrumental in obtaining funding for the study. Ms. Brosemer pointed out the Commission had determined the Inlet was an important project of regional impact to improve public safety and enhance the economic development of the marine industry. An RFP garnered six responses and presentations were made. Jeff Livergood, Director of Public Works and Engineering, indicated the solutions are very long range and there are political implications and technical aspects. Dr. Michael Jenkins, consultar:tt with ATM, reported the objectives were to improve water quality in the lagoon and navigation safety in the Inlet. The flushing of the inlet affects water quality within the lagoon. The Inlet has had consistent issues with safety with many constraints including a County park, existing bridge, sand bypassing system and many stakeholders. The 13 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 Inlet was not intended for navigation, but for a flushing mechanism for the lagoon and explains the design constraints of the Inlet. The mechanisms of accidents that have occurred were studied and found the majority of the accidents occurred over the InlEt shoal and not in the mouth of the Inlet. The Inlet is heavily used by the marine industry in terms of private and commercial uses. The bypass sand system is owned and operated by the County and required as part of a State mandate to bypass sand and reduce the impact of the Inlet on the beaches. Alternatives included maintaining the status quo, structural changes, non-structural changes and the bridge as a challenging constraint. Six structural changes were addressed being deepening the Inlet to five feet or ten feet, widening the Inlet by 50 feet and deepening or widening by 200 feet and no deepening and widening by 200 feet and deepening. The deepening would extend to where it met natural ground and would enco.mpass the shoal. Non- structural changes would be navigation markers and lighting, an adverse conditions warning system and boater education. The studies were able to quantify the physical changes to the environment that would result from the various alternatives. The potential for greater storm surge was a concern of many of the stakeholders. Commissioner Wel1and left the dais at 8:18 p.m. and returned at 8:19 p.m. The current and waves interaction in the lagoon were unsafe and were represented within the history of the Inlet. A two-tier ranking system was established including an engineer ranking based on cost, permitability and acceptance that was submitted to the committee who did their own ranking of the various alternatives. The non-structural changes ranked very high as viable issues and would directly contribute to safety within the Inlet. Structural changes raised issues of loss of park space, impacts to the beach, and surge issues and were considered within the ranking matrix. There would be significant environmental changes to the impacts a'1d high costs. The bridge is a major constraint. Robert Dimesky, 9477 EI Clair Ranch Road, inquired if the inflow was modeled to the various changes to the width of the cut as done with the outflow monitoring to demonstrate the impact on the inside of the Intracoastal as well as the outside of the reefs. His other concern was if a cultural resource impact study had been done. Mr. Bressner replied it was not part of the scope of services. Hydraulic models were made to determine the impact on the lagoon and surf issues. The adverse impact on the reefs from any widening was a major concern. Another dynamic that arose was the water level within the lagoon and potential flooding problems to the Hypoluxo Island area and Ocean Ridge that warranted further investigation. The water quality within the lagoon would be greatly improved if the Inlet were widened. Mr. Dimesky inquired about the composition of the eastern edge of the lagoon and Dr. Jenkins indicated there was rock that could be excavated, but was considered a constraint. Mr. Dimesky stressed this was an archeological concern and many residents to the north were concerned with any changes to the Inlet. The area is used around the clock for fishing, diving and historic preservation. Mr. Dimesky was also concerned about the lack of public notification that the issue would be discussed. Mr. Sressner indicated the project had been ongoing for three years with articles in 14 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 both area newspapers and the entire study available on the website. Mr. Dimesky requested a recap of the notices to the public and scientists regarding the issue. Mayor Taylor added public discussion had been ongoing for years. Nancy Chandler, 914 NE ih Street, agreed with Mr. Dimesky that public notice .on the meetings had been very difficult. Mr. Bressner reported there has been active public participation at many of the meetings consistently. Mayor Taylor commented the Inlet is very dangerous and he has worked at improving the safety in the Inlet for boaters. Representative Adam Hasner was instrumental in securing funds for the study to be completed. Area municipalities and representatives from the marine industry have been reviewing the findings. There is also an economic impact for the entire area. The bridge has been an issue and tide surge was a major concern that technology may be able to minimize those constraints. It had even been suggested to remove the bridge and create an island. The committee's recommendation was to continue the status quo. Mr. Bressner added there could be minor improvements of non-structural changes. The marine industry had voiced concern that any construction would disrupt the marine access. Ms. Brosemer advised it was understood the study was Phase I of an in-depth study of the alternatives available at the Inlet. Research revealed some alternatives are cost prohibitive or have permitting issues and create adjacent community concerns. Some alternatives have not been fully investigated in the study. However, dredging of the ebb shoal where most of the boating accidents occur could be part of the County's beach renourishment program. Mr. Bressner suggested the study be sent to the County and emphasize the dredging of the ebb shoal to improve safety. Dr. Jenkins pointed out the sand pumping station was being upgraded by the County and it would be more efficient, but physical limitations would remain. Mayor Taylor wanted to not only forward the study to the County, but also request all the options be reviewed. Tom Warnke, 625 Lakeside Harbor, committee member, had on many occasions stressed the importance of keeping a channel through the ebb shoal. Public input has been intense and consistent throughout the process. If the entire ebb shoal is dredged, Ocean Ridge would be exposed. Most of the good sand is being lost off shore or sitting on the bar, making boat passage treacherous. Commissioner Rodriguez felt the County should have an opportunity to review all of the discussion items and priority items of the committee. Mayor Taylor declared there was consensus to proceed as recommended. X. FUTURE AGENDA ITEMS: A. Continued Discussion on 2010 General Fund Budget Policy Items - (Staff is continuing to update the 2007 Program Analysis and Span of Control report. Staff will conclude its review and be prepared to make ,recommendations June 16, 2009) 15 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 B. Contract Award Recommendation for design of Meadows/Nautica Park - June 16, 2009 C. Consider the continuation or deferral of the "CONSTRUmON OF CONGRESS AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09jJA to Ocean Gate General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of 10% in the amount of $192,500 for a total expenditure of $2,117,500/501(c)(3) Discussion (Proposed Resolution No. R09-073) (Tabled to Budget Workshop) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. Proposed Ordinance No. 09-003 RE: Approving a request to annex the properties. (Sam's Club ANEX 09-001) 2. Proposed Ordinance No. 09-004 RE: Approving a request to annex the properties. (Northstar ANEX 09-001) 3. Proposed Ordinance No. 09-005 RE: Amending the Comprehensive Plan Future Land Use Map classification on ~41.19 acres of land from Commercial High (CHIS) and Institutional (Palm Beach County) to Local Retail Commercial (LRC). (Sam's Club LUAR 0~-002) 4. Proposed Ordinance No. 09-006 RE: Amending the Comprehensive Plan Future Land Use Map classification on ~41.49 acres of land from Commercial High (CHIS) and Institutional (Palm Beach County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002) 5. Proposed Ordinance No. 09-007 RE: Approving the rezoning from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. (Sam's Club LUAR 09-002) 6. Proposed Ordinance No. 09-008 RE: Approving the rezoning from Palm Beach County Commercial General (CG) and Residential Multifamily (RM) to Planned Commercial Development (PCD) and C-3, Community Commercial. (Northstar LUAR 09-002) 16 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 7. Proposed Ordinance No. 09-009 Re: Amending the Comprehensive Plan Future Land Use Map classification on :H4.22 acres of land from Medium Density Residential to Industrial (New Urban High Ridge LUAR 09-001) 8. Proposed Ordinance No. 09-010 RE: Rezoning a parcel of land located on the northwest corner of High Ridge Road and Miner Road from Planned Unit Development (PUD) to M-1 Industrial District (New Urban High Ridge LUAR 09-001) B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 09-028 Re: Amending the Code of Ordinances, Chapter 13, Business Tax, Sec. 13-4, Classification and Fee Schedule, to provide for a five percent (5%) increase in business tax rates. Attorney Cherof read Proposed Ordinance No. 09-028 by title only on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-028. Mayor Taylor passed the gavel and seconded the motion for discussion. Buck Buchanan, 807 Oceanwood Drive, Chair of the Chamber of Commerce, had no knowledge of the proposed change. It would have a negative impact on businesses. The revenues to the City would increase $62,000, according to Mr. Bressner, with the overall revenue stream of $1.2 million. The previous year the Commission had not approved an increase. The Chamber of Commerce did object to the last request for an increase. Mr. Buchanan emphasized many small businesses are struggling with even minimal changes. Maxime DuCoste, Zoning and Business Tax Manager, announced the increase for businesses would average $4 to $15. Nancy Hogan, 27 Hibiscus Way, Ocean Ridge, had spoken last year, and as a rea,1 estate broker urged the Commission to not increase the fees for additional revenue. It would only compound the issues relating to the home buyers and brokers. Vote City Clerk Prainito called the roll. The vote was 2-3. (Commissioners Weiland, Rodriguez and Ross dissenting) 17 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 2. Proposed Ordinance No. 09-029 abandonment of a portion of NE 12th Avenue. RE: Approving the Attorney Cherof read Proposed Ordinance No. 09-029 by title only on first reading. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-029. Commissioner Weiland seconded the motion. Vote City Clerk Prainito called the roll. The vote was 5-0. 3. Proposed Ordinance No. 09-030 RE: Approving the creation of a seven member Community Redevelopment Agency Board Attorney Cherof read Proposed Ordinance No. 09-030 by title only on first reading. Commissioner Rodriguez commented his original motion was to add two members to the panel to groom two leaders to serve with the current board. It would be very aggressive to place seven volunteer members on a board and take over the functions of the CRA. He suggested the Commission reconsider his original motion to add two members and develop a plan to gradually move to seven members. Mayor Taylor contended the current CRA Board was doing an outstanding job and moving forward with the assistance of the community committee developing goals and objectives to be achieved. He believed the timing of the transition was an issue. A seven member board created by the new Commission would be better. Campaign promises are often based on partial information and cannot be achieved as quickly as anticipated once all the facts are learned. A new seven member board may retard the progress of the current board. Mayor Taylor advised he would support the transition at a later date. Vice Mayor Hay had made the commitment to start the process and acknowledge the current Board had little or no training when they first sat as the Community Redevelopment Agency Board. The Commission would retain the authority to determine the timeline for implementing an independent board. Commissioner Rodriguez submitted adding two members would achieve the goals and objectives of both Mayor Taylor and Vice Mayor Hay. Being a City Commissioner did prepare the current Board for their roles on the CRA Board. Commissioner Ross was concerned with the stability factor of the CRA Board and had received conflicting messages on the desire of the residents. She favored waiting to add the seven 18 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 members and did not want to add two at the present time. The two year stability of the current Board offers the community a valuable asset. Mayor Taylor was not in favor of adding any members at this time. A seven member board should be appointed at a later date. Commissioner Rodriguez noted there was no ongoing development and it would be the best time to engage the volunteer board. Vice Mayor Hay interjected it would be the best time to train seven rather than just two. Mark Karageorge, 240A Main Boulevard, recalled the past motions and suggestions for the creation of an independent Board. He was in total agreement with Vice Mayor Hay and contended a timetable should be established to implement an independent Board. There are many concerned citizens who have been attending meetings on a regular basis who would be able to function as a Board member. He speculated it would take a considerable amount of time to review applications, conduct interviews and make recommendations. Attorney Cherof announced the new Board would take over the second Tuesday of the month after the seven members were appointed. There is a schedule for the term of each member's appointment as set forth in the statute. Each appointment will require the full vote of the Commission. Victor Norfus, 261 N. Palm Drive, suggested there was some confusion about the ordinance. Attorney Cherof explained the ordinance was originally drafted to add two members to serve along with the Commission. On first reading the direction changed and a new ordinance was to be drafted appointing all seven members at one time, not including the members of the Commission. Mr. Norfus contended it should be a gradual appointment of members rather than seating all seven members at one time. Mr. Bressner stressed there would be no transition. Mr. Norfus urged the Commission to at least start the process. Commissioner Weiland understood appointments made at this time would not be able to sit on the Board until the seventh person was appointed. Attorney Cherof clarified no one could be appointed until the Code provision is amended describing the number of people on the Board. The Statute has no provision for training to be a Board member. It is on-the-job training. Don Scantlan, 13 Cedar Circle, suggested alternate, non-voting members could be written into the Code and it would be the Commission's discretion if they were advanced as regular members. Attorney Cherof explained the Board was described by Statute and the Commission cannot dictate the configuration. Lee Wische, 1301 SW 18th Street, contended the vacancies would be immediately listed and two of the five Commissioners would make two appointments to total seven members. The Board could be named in a couple of meetings and could begin their duties. Buck Buchanan, 807 Ocean Inlet Drive, Chair of the Chamber of Commerce and past President of INCA, reiterated both organizations supported a fully independent board. He urged the Commission to pass the Proposed Ordinance as submitted and commence the process as soon as possible. In his experience, some developers directed their efforts toward the 19 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 Commission and ignored the recommendations of the other Boards. When that type of behavior by developers ceases, it would be the acid test of a competent Board. He stressed an independent board is the will of the people and citizens need what the City needs. Motion Vice Mayor Hay moved to approve Proposed Ordinance No. 09-030. Commissioner Ross seconded the motion. Vote City Clerk Prainito called the roll. The vote was 3-2. (Mayor Taylor and Commissioner Weiland dissenting) D. Resolutions: 1. Proposed Resolution No. R09-083 Re: Appointing a City Commission representative to the Homeless Advisory Board - Palm Beach County. Motion Commissioner Weiland moved to appoint Commissioner Ross. Commissioner Rodriguez seconded the motion. The motion passed unanimously. E. Other: 1. Recommendation and discussion of subordination of SHIP funding Attorney Cherof explained the matter was brought before the Commission for consideration after further investigation into the request of a resident to subordinate SHIP funding. All the information submitted had been reviewed and staff recommended to not subordinate the funding as it would set a precedent for the many other SHIP loans. There was no need to take any other action at this time. Yvonne Westerman, speaking on behalf of the applicant, indicated attempts had been made to work with the bank and calls to Florida Housing indicated they were willing to settle for $80,000 rather than let the home go into foreclosure. Further information could be provided regarding a pending contract for sale. Ms. Westerman attempted to negotiate a settlem~nt. Ms. Sherrod advised Florida Housing has not gone through any short sales without first contacting the local municipalities and they follow the State statutes in these matters. Other area municipalities have not subordinated any SHIP funding. Mayor Taylor indicated all applicants are well aware of the policy of the City when they receive the SHIP funding. Commissioner Rodriguez speculated a policy may need to be created to deal 20 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 with these types of situations. Ms. Sherrod advised the City did have a subordination policy based on staff recommendation to the City Manager, usually in relation to sales or refinancing. Commissioner Ross was concerned that stimulus funding was not available to assist in these situations. The motion to deny passed 3-2. (Vice Mayor Hay and Commissioner Ross dissenting) 2. Acknowledge dcceptance of Hold Harmless Agreement and approve Bill of Sale for Boat Dock at NE 12th Avenue. Attorney Cherof indicated the adjacent property owners to the north and south of the dock had agreed to the bill of sale and a hold harmless agreement to relieve the City of any liability. Motion Commissioner Weiland moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 9:41 p.m. (Continued on next page) 21 Meeting Minutes Regular City Commission Boynton Beach, FL June 2, 2009 CI1Y OF BOYNTON BEACH ATTEST: Woodrow L. Hay, Vice Mayor ~~ Ronald Weiland, Commissioner Yn.p~ ~. ,.,.-<>' Jan M. Prainito, CMC . Clerk ~..~Zd:Li?A!A- Ith A. Pyle eputy City Clerk ,~/ Marlene Ross, Commissioner 22 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA c:::--- .~(' PROJECT NAME: Calvary Chapel of Boynton Beach Development P&Z Building Engineering Occ. License Deputy City CI," APPLICANT'S AGENT: David Frank APPLICANT'S ADDRESS: 34 Vista Del Rio Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2,2009 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification and New Site Plan approval to modify the phased Master Plan and accommodate a temporary modular classroom. LOCATION OF PROPERTY: 3190 Hypoluxo Road 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 Appl.icant 4 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 DATED: h-5-LJ S:IPlanning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\DO.doc EXHIBIT "e" Conditions of Approval Project name: Calvary Chapel File number: NWSP 09-002 MPMD 09-001 Reference: 2nd review plans identified as a New Site Plan with an April 28, 2009 Planning & Zoning date stamp ki 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: 1. No utility plan was included with this submittal; therefore the Utilities Department considers this plan incomplete as submitted. However, this project is an existing site located within the Utilities' service area, and is X located where utility support is available. Additional comments may be generated after a utility plan has been submitted and reviewed. 2. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service the proposed classroom trailer, in accordance with the CODE, X Section 26-15. 3. Appropriate backflow preventer(s) will be required on the domestic water service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments X may not be generated by the commission and at permit review. 5. At time of permit review, indicate on the plans that all construction work (excluding the DCA approval of the modular buildings factory construction) will comply with the 2007 Florida Building Codes (FBC). X 6. At time of permit review, submit signed and sealed working drawings of the proposed construction, including the monument sing to be constructed on X the north end of the property. 7. At time of permit review, add a general note to the site plan that all plans submitted for permitting shall meet the City's codes and the applicable X building codes in effect at the time of permit application. 8. Pursuant to approval by the City Commission and all other applicable agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans X must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 9. At time of permit review, provide lighting photo metrics for the existing site lighting and parking lot adjacent to the proposed modular buildings. X IO. Show details of required accessible ramps. Provide details of the materials foundations, framing, slopes, cross-slopes and landing sizes of the ramps. Show details of any proposed or existing curb ramps and detectable X warnings. Show details of the railing system to be attached to the ramps. Provide elevations of the ramps to show compliance with the FBC. II. Show location of connection points for the required water and sanitary sewer for the modular buildings. Show location of the laterals and pipe size and material. Provide for the separation of the building underground water X and sewer services with at least 5 feet of undisturbed or compacted earth, or in accordance with one of the exceptions provided by the 2007 Florida Building Code, Plumbing. 12. At time of permit review, show details of the foundation system to be installed to support and secure the modular buildings. Provide details of attachment of the chassis 0 the ground to comply with the 140 mph wind X loading. 13. Provide verification that existing water and sewer service sizes will accommodate the classroom units. X 14. Provide details on the source of electric service feed to the new modular classroom buildings, the type of proposed electric service, the proposed X voltage and ampacity, and all required grounding and bonding. Provide DEPARTMENTS INCLUDE REJECT phase, total voltage and ampacity of existing service source. Service upgrade may be required. 15. At time of permit review, show details of the modular classroom building skirt material, method of attachment, access hatch or door an ventilation of X the enclosed crawl space under the buildings. 16. Occupancy type is listed as "E" (Educational), but may be "a-3" (see Section 305.1 of the FBC, Building). Correct occupancy category, if required, and show occupant load, minimum egress requirements and X whether the buildings will be served by a fire sprinkler system. 17. Verify that additional parking is not required and that one handicapped accessible parking space, adjacent to the proposed modular buildings, meets X the minimum code requirements. PARKS AND RECREA nON Comments: None X FORESTER/ENVIRONMENT ALIST Comments: 18. General Condition: All of the existing landscape and irrigation improvements as shown on the original landscape plans should be evaluated by the Landscape Architect in the field and will be inspected by the City as X part of the landscape inspection. This statement must be placed on the sheet L above the Existing Installed Landscape List and on page I above the Plant List. 19. Landscape pag:e L The applicant should provide landscape design from the existing or proposed landscape trees / vegetation at the time of planting to visually X buffer the existing parking lot areas and new structure from the Hypoluxo Road right-of-way and the residents to the East and South of the site. 20. Irri2ation Plan · Turf and landscape (bedding plants) areas should be designed on separate zones and time duration for water conservation. · Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 2l. The classroom building has too much blank wall on the east side. Install plant material in clusters, ranging from 4' to 8' in height along this fayade to X break up the long blank wall. 22. Add more Montgomery Palms along the front of the modular classroom X building. Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT 23. A traffic concurrency approval letter from Palm Beach County Traffic X Engineering must be submitted before the issuance of any permits. 24. It is the applicant's responsibility to ensure that the master plan and new site X plan are publicly advertised in accordance with Ordinance 04-007. 25. Should the proposed building addition's permit valuation exceed $250,000, the applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program, and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. 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" r:..~-:=::::=.~==....:-.::.::-_":':..-==...._. ..-....-...........- ......-....,...,.....-- I. 1oIII...."lotl.............~_1t......____ l ....._.._..._.,..__ I. ~"'~"~""~C-"_"""'II.___.......".. .........-- ~- I. =--=-.:;:-:.::':.'t'.~~-z.:':.~.r.:.r:.=...~:.':.::"::loo '''''''''__'''_''''looI. ~-...,..--_.......-_.-.-....-.,---_. -...............,.-..... ~1I1InOCl_0In'lHIlI t =:::::-.::.....~..::.~.:-..:..--."'"':2____.._..__ .... .....__11_............._..__ ~ ~Voo":U===:::-.:::::.,:;::=:.:'~;:II-=:~ 1 ...~:::::.=.......- l ::.'::.':.,.~- : .........'AUlI \. =...-....._.___"')._........__..........__"..10 I ""'-....._.._........__.._._01..._.. A."f~..:~:~=t=1t"".::=-~=~.:...~"":. ..~--.............._"..- ;1~ ~ )~i ~i! II 'Iii @It 8!f: l-l ~ I~ G: ~!~ ~ i . (of2;'~] Qa:t. NlI~""'I ~t.~~ ;;.J DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Calvary Chapel of Boynton Beach Development P&Z Building Engineering Occ. Llcen.. Oeputy City C.... APPLICANT'S AGENT: David Frank APPLICANT'S ADDRESS: 34 Vista Del Rio Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 2, 2009 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification and New Site Plan approval to modify the phased Master Plan and accommodate a temporary modular classroom. LOCATION OF PROPERTY: 3190 Hypoluxo Road 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 Appl.icant 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 Appliqmt'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 :J/:!Jf/ DATED: {, -s--o 1 S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\DO.doc EXHIBIT "e" Conditions of Approval Project name: Calvary Chapel File number: NWSP 09-002 MPMD 09-001 Reference: 2nd review plans identified as a New Site Plan with an April 28, 2009 Planning & Zoning date stamp ki 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: 1. No utility plan was included with this submittal; therefore the Utilities Department considers this plan incomplete as submitted. However, this project is an existing site located within the Utilities' service area, and is X located where utility support is available. Additional comments may be generated after a utility plan has been submitted and reviewed. 2. A building permit for this project shall not be issued until this Department has approved the plans for the water and/or sewer improvements required to service the proposed classroom trailer, in accordance with the CODE, X Section 26-15. 3. Appropriate backflow preventer(s) will be required on the domestic water service to the building, and the fire sprinkler line if there is one, in accordance with the CODE, Section 26-207. X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None BUILDING DIVISION Comments: 4. Please note that changes or revisions to these plans may generate additional comments. Acceptance of these plans during the TART (Technical Advisory Review Team) process does not ensure that additional comments X may not be generated by the commission and at permit review. 5. At time of permit review, indicate on the plans that all construction work (excluding the DCA approval of the modular buildings factory construction) will comply with the 2007 Florida Building Codes (FBC). X 6. At time of permit review, submit signed and sealed working drawings of the proposed construction, including the monument sing to be constructed on X the north end of the property. 7. At time of permit review, add a general note to the site plan that all plans submitted for permitting shall meet the City's codes and the applicable X building codes in effect at the time of permit application. 8. Pursuant to approval by the City Commission and all other applicable agencies, the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans X must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 9. At time of permit review, provide lighting photo metrics for the existing site lighting and parking lot adjacent to the proposed modular buildings. X 10. Show details of required accessible ramps. Provide details of the materials foundations, framing, slopes, cross-slopes and landing sizes of the ramps. Show details of any proposed or existing curb ramps and detectable X warnings. Show details of the railing system to be attached to the ramps. Provide elevations of the ramps to show compliance with the FBC. 11. Show location of connection points for the required water and sanitary sewer for the modular buildings. Show location of the laterals and pipe size and material. Provide for the separation of the building underground water X and sewer services with at least 5 feet of undisturbed or compacted earth, or in accordance with one of the exceptions provided by the 2007 Florida Building Code, Plumbing. 12. At time of permit review, show details of the foundation system to be installed to support and secure the modular buildings. Provide details of attachment ofthe chassis 0 the ground to comply with the 140 mph wind X loading. 13. Provide verification that existing water and sewer service sizes will accommodate the classroom units. X 14. Provide details on the source of electric service feed to the new modular classroom buildings, the type of proposed electric service, the proposed X voltage and ampacity, and all required grounding and bonding. Provide DEP ARTMENTS INCLUDE REJECT phase, total voltage and ampacity of existing service source. Service upgrade may be required. 15. At time of permit review, show details of the modular classroom building skirt material, method of attachment, access hatch or door an ventilation of X the enclosed crawl space under the buildings. 16. Occupancy type is listed as "E" (Educational), but may be "a-3" (see Section 305.1 of the FBC, Building). Correct occupancy category, if required, and show occupant load, minimum egress requirements and X whether the buildings will be served by a fire sprinkler system. 17. Verify that additional parking is not required and that one handicapped accessible parking space, adjacent to the proposed modular buildings, meets X the minimum code requirements. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST COl1Lrnents: 18. General Condition: All of the existing landscape and irrigation improvements as shown on the original landscape plans should be evaluated by the Landscape Architect in the field and will be inspected by the City as X part of the landscape inspection. This statement must be placed on the sheet L above the Existing Installed Landscape List and on page I above the Plant List. 19. Landscape pa2e L The applicant should provide landscape design from the existing or proposed landscape trees / vegetation at the time of planting to visually X buffer the existing parking lot areas and new structure from the Hypoluxo Road right-of-way and the residents to the East and South of the site. 20. Irri2ation Plan . Turf and landscape (bedding plants) areas should be designed on separate zones and time duration for water conservation. . Trees should have separate irrigation bubblers to provide water directly to X the root ball. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 21. The classroom building has too much blank wall on the east side. Install plant material in clusters, ranging from 4' to 8' in height along this fayade to X break up the long blank wall. 22. Add more Montgomery Palms along the front of the modular classroom X building. Conditions of Approval 4 I DEP ARTMENTS I INCLUDE I REJECT I 23. A traffic concurrency approval letter from Palm Beach County Traffic X Engineering must be submitted before the issuance of any permits. 24. It is the applicant's responsibility to ensure that the master plan and new site X plan are publicly advertised in accordance with Ordinance 04-007. 25. Should the proposed building addition's permit valuation exceed $250,000, the applicant is responsible for compliance with Ordinance 05-060, the "Art X in Public Places" program, and must demonstrate their participation. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\Calvary Chapel Boynton Beach\MPMD 09-001 & NWSP 09-002\COA.doc EXHIBIT "An - SITE LOCATION MAP CALVARY (:HAPEL NWSP 09-002 ..._ ._a ...-- IV- ._..__._._..___.._....... . .___._.._.._.._v -..-..-..-..-.. .-..-..-..-..-..-..-..-..-..-..-. .-_. ,-.::.-C-::;~-=.:"'-~::-~:::::==::::".. ...J:lXeJ~'~23lJ~Q..".:i~'~':i~;:"~"~'2~:2"I.::'~:,;:,~.,.'o::::,,----:::,::=:::=-'--,=;,," -'C:-~~~ 310 155 0 I"'~~ 310 620 930 N 1,240, Kt~ IFe~~~~E S --- -------;---- '---=~~:31 II iJi:i;j'I;D;olr~' ;il.';'l;i;llH SijH I! ~I;; \ "i 'u ~;t, ~'~~i\"r.& ~i~t'i ,. ~!~t..l =t. e""",,' T"I"";.~ !-. 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(H ~!i i.i ~ ~: ~ '~r HI ; ~j ;'11 i ~.:-: t.,~ :"} i j: i iH ~,;l !~! li H, ~; n ' z II UT () ~5 ~~ ,,~ ~" r8 l~ .~ I I Ii, '-I I 0 -I ~ 01 I~ ~ g ~ >> Z ~ ;;I ~ CP " m 1) Z ~I "' 1m ~ I a ~ ~I "'1'0 ~ - ';] l~ ;;: ~I il g i, iu. t ,,.,.,,.,.,, ! 01" OClllr1 l>/ -=--=:7' ~ JJ1W1 ~ <; m. .ov.H <;I _L/ rf1- -=F OxnlOd.J..H PROP05:D ADDITION FOR, PRECI510N ,DRAFTING AND DE5IGN INC 5TRUCTlJRAL ENGINER, CAL VARY C!-lAPS. :!l4 V'IIiTA. ca.-RIO. eoYl'IT(:lt.I 8EACl-l l'LCJIU)A ~ (G&a~INC.} N.0R1'14 COlJ'N'T"'r" ( 561 ) 13~9 ~ CRAt-eERRY ca.JRT I IlIEI...UotGTON:, FLOROA 80YNTON !3SAC!-l 5OUT~ COUNTY (1;61 ) 218-303e .AI!O~~~~ UJ.~IKGeI'lZ 3190 HYPOLUXO ROAD CON&mucrlON DOClJMENT5 FOP- R.. STATE REG- . ".31:38 t-IBlI I.IO~ - A.ODrT'IOH& - FO!:S1ODB-ING ~...~""".- 80YNTON 8EACH, ;::LORIDA OWNER I p~ 6. DAV'tD R<AMK ...._.............___WM AID l~ ' SIDl. I I~ EXHIBI B I I I :1 I I I /\ \ 'J , ! l~ , ~~ ; I 1) ]:>. I iU ~I ~ l> .... '" o- r "'. F (p E [I !~ m iij ... 1) 0 -!. r J> Z i C==:J i ! 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OVER WELL COMPACTED 50lL ELEV A TION 3/4" e.c. ~. ," , H_H! ~(:I:~ [J,'. 1[J1 , ~~ ..... ,.LED CELJ., wn" J -8 Yi'RtlcAL nY~. -----~--- , -1-..- -. 1l!J .: :~_:} ._-----_._--~-~--------~' L-1."kIOO SOO 1"61 CONe. FTc;, WI .. 0&'& COHl. . .s'. . 1&" O.C. oveR WELL COMPACTED ,Ole FOUNDATioN Pl.-AN 3/4\1 e.c. W:-J e.ECTION q " s"",," 'It elDC!( el!AH WI I ... DU, CON'. GROLIl eOLlD IN CELlt. WI ?,ooo Pe-I" (fOP 4 FORM ARCH Wlll-l coNe A& FEfll: aeY.J "p GIA. POlUSl11llT1-l 6 T At-I:lARO 110 peGo. HOOK UJliH 11tN. 6" EMeED NIN. ~!l~ LAP AT VERT. 'Eo .AT ALL COl-6. rrp 16EE fOutID.A lION FLAtH ----'"IC" FFi!i:CA6T CONe LINTel. UN I"' '" DIA. OOlUa 11.1\"\.-1 e,T.Al'iDARO ,"0 PeG. ~OOK WITH HIN ,," EHeEO INTO l"TGo_ I NIH. 1&" LA,...4.T V~T. ~ AT .AU.. COl.. TYP. (eEE FOOHDAllOH ~L"'NJ L 1l if,.',,\o' )00 1"-el CONe. I"TGo W/ -4 "I>'e COIH. I .~Je c \eo O.C. O\'ER IJ)l:.lL COt1f'.ACTW lOOIL 3/4" e.c. -~~'~~I ~I~:I ~ ~ ~ i I ~ ;J.. i -' :I \) H ~ li1~ q~ ~~q~~ ~~~~p u a; ~I$d), ~~ III "", l ~iii X ~U ~h~~ ~g:-'ja~~ ~i~~~8~~ iH~li~~ z~lJ8i~~' ~d ~S S~~ w~h! ~1i Il' n '1 o .. a ~ ~ '1.1 (L--! GLL ill :t ~ :1:' ~!\;UGU -,,'1X<l <ll I ill::\ III [\U ill.l 10 ~>-z~z CllYG>-O lL~~:r~ ~<io~5 lLumifiill [)Fl.~WN BY eDF --------- CHECKED BY DATE 3/10/2009 SC~lE ~\ mJll:~ JOB NO SHEET e,IGrt-l I OF SHEETS 1&7'7