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Minutes 12-15-14MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, DECEMBER 15, 2014 AT 5:45 P.M. PRESENT Jerry Taylor, Mayor Joseph Casello, Vice Mayor David T. Merker, Commissioner Mack McCray, Commissioner Michael M. Fitzpatrick, Commissioner 1. OPENINGS A. Call to Order - Mayor Jerry Taylor Mayor Taylor called the meeting to order at 5:45 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Janet Prainito, City Clerk CLOSED -DOOR SESSION commencing at 5:45 p.m. on December 15, 2014 to discuss the case C.M. vs. City of Boynton Beach and Stephen James Maiorino - Case No. 2014CA013942 Division AN Attorney Cherof advised there would be a closed -door session to discuss the case of C.M. vs. City of Boynton Beach and Stephen James Maiorino. Present in the session would be Attorney Cherof and Shana Bridgeman, the Commission, and City Manager to discuss settlement negotiations or strategy related to litigation expenditures in the case listed above. It will take approximately 35 to 40 minutes, after which the Commission would return to Chambers and resume the regular meeting that has begun. Roll call was taken and all were present. Mayor Taylor declared the meeting recessed to the closed -door session at 5:46 p.m. At 6:30 p.m. Mayor Taylor again called the meeting to order, having ended the closed - door session. Invocation by Reverend Chuck Brannon of Gateway Community Church Pledge of Allegiance to the Flag led by Commissioner Merker Reverend Chuck Brannon from Gateway Community Church gave the invocation followed by the Pledge of Allegiance to the Flag led by Commissioner Merker. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Casello wanted to strike Item 12.13 from the agenda. Mayor Taylor noted Items 9 D, E, F, G and H were all tabled until January 20, 2015. 2. Adoption Motion Commissioner Merker moved to approve the agenda as amended. Vice Mayor Casello seconded the motion. Vote The motion passed unanimously. Commissioner McCray requested that Item 12.13 be added to the agenda under Future Agenda Items for discussion later. 2. OTHER A. Informational items by Members of the City Commission Commissioner Merker wished everyone Merry Christmas and Happy Hanukkah and hoped the coming year would be happy and healthy for all. Vice Mayor Casello was thankful for living in the City of Boynton Beach. Other noteworthy events were the Boynton Tigers went to the quarterfinals and the quarterback, Lamar Jackson, won the Lou Grosser award for high school player of the year. Vice Mayor Casello participated in the Boynton Beach High School PerforminR Arts Program by reading "T'was the Night Before Christmas". He attended the 7t Annual Homeless Breakfast at the Kravis Center where a special award was given to the Boynton Beach Firefighters for the work done collecting holiday toys over the years. Vice Mayor Casello commended the Police Department for their involvement with the "Shop with a Cop" program and related the story of the 9-1-1 call made by a girl who had no Christmas tree. The two responding officers obtained a tree, lights, decorations and presents so the family could enjoy the holidays. He wished everyone Happy Holidays and a good, prosperous, safe New Year. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 Commissioner Fitzpatrick had gone to the Tree Lighting Ceremony and the 44th Annual Holiday Parade, attended the Community Redevelopment Agency Board meeting, Chamber of Commerce luncheon and spoke with Andre Park about the Quantum Overlay District. On December 12th he received his third Bachelor's Degree, this one in Civil Engineering and passed a Fundamentals of Engineering State test and is now an apprentice engineer. He went to the Holiday Boat Parade and the South Central Regional Wastewater Treatment and Disposal Board meeting. Mayor Taylor suggested the City Manager work with the Recreation and Parks Department to have some sort of recognition be presented to the quarterback of the year from Boynton Beach Community High School. He remarked the "Shop with a Cop" program is a wonderful experience for everyone and most children first pick out presents for other family members before they think of themselves. Also, the Fire Department put on a pancake breakfast with the proceeds going to the Community Caring Center. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation of Holiday Parade Awards by the Mayor. Wally Majors, Director of Recreation and Parks, recognized a supporter of the parade, Auto Nation Delray, who each year donate convertibles for the dignitaries. A representative was present and Mr. Majors publicly thanked them for their continued contribution. Awards were presented by Mayor Taylor to the best marching unit in the parade, Galaxy E3 Girl Pat Steppers, most outstanding float was an entry from Lakeside Christian Church and the best performance of a marching band was awarded to Palm Beach Lakes High School. B. Hear presentation by Boynton Beach Mental Health Committee on their new logo. Woodrow Hay, 427 NW 5th Avenue, and Chair of the Boynton Beach Mental Health Committee, presented the winner of the logo contest, Henrik Ginnes. He is a senior at the Thomas Lee Bruckner Illustrators Academy at Boynton Beach Community High School of the Arts and Sciences. The shades of blue representing mental health were utilized in the design, as well as a dolphin, well known for its calming effects and healing. The brand will begin appearing in various venues throughout the City to promote education and awareness of mental health issues. The contest was a collaborative effort of the Committee and the High School. 3 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 Commissioner McCray remarked the extension of the "y" should be shortened and Mr. Hay agreed. Mayor Taylor commended the Committee and its members and was pleased the young people were involved, since mental health affects all ages. C. City Hall will be closed on Friday, December 26, 2014. Mayor Taylor announced City Hall would be closed on Friday, December 26, 2014, the day after Christmas, in addition to the 24th and 25th of December. 4. 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) Lakhmichand Kalra, 3842 S. Lake Drive, addressed the issue of the City buying a four acre lot from the County for $100,000 to build a new park and connect it to existing parks to create a greenway. The four acres is not accessible and locked by his land. A bridge over the canal would be necessary and a tunnel drilled under 1-95. The County has indicated they would not agree with a bridge being built at the site due to the cost and it would encourage criminal activities. The area called Girl Scout Park has been vacant because the residents oppose it. It could have generated taxes for the City. Mr. Kalra advised he was not a developer and currently has no intention of developing the land. He questioned various aspects of building and maintaining the park and if monies were budgeted for the improvements. The local residents should also be considered in the decision. Bradley Miller, with Miller Land Planning and member of the Chamber of Commerce, was proud to attend the Buffalo Wild Wings ribbon cutting on Congress Avenue. He commended staff for their fast approvals to open the facility that will have over 100 employees. The restaurant will be a huge asset to the City of Boynton Beach. No one else coming forward, Mayor Taylor closed Public Audience. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and NonVoting Stu (NN Stu) openings exist: Arts Commission: 1 Reg and 2 Alts 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 Building Board of Adjustments and Appeals: 1 Reg and 2 Alts Cemetery Board: 1 Reg and 1 Al. Education and Youth Advisory Board: 1 Reg, 2 Alts, 2 Stus, 1 NN Stu Employee' Pension Trustees: 1 Reg Financial Advisory Commission: 3 Regs and 2 Alts Golf Course Advisory Committee: 1 Alt Historic Resource Preservation Board: 2 Alts Library Board: 1 Reg and 2 Alts Planning and Development Board: 3 Regs and 2 Alts Recreation and Parks Board: 1 Regs and 1 Alt Senior Advisory Board: 2 Alts Veterans Advisory Commission: 3 Alts Motion Commissioner McCray moved to appoint Robin Lorenz as a regular member of the Arts Commission. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Commissioner McCray tabled his appointment to the Building Board of Adjustment and Appeals. Motion Vice Mayor Casello moved to appoint Carol Lundquist as a regular member of the Education and Youth Advisory Board. Commissioners McCray and Merker seconded the motion. Vote The motion passed unanimously. Motion Mayor Taylor moved to appoint Tiffany North as an alternate member of the Education and Youth Advisory Board. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 5 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL Motion December 15, 2014 Mayor Taylor moved to appoint Stanley Gavlick as an alternate on the Veterans Advisory Commission. Commissioner Merker seconded the motion. Vote The motion passed unanimously. Motion Commissioner Merker moved to appoint Stuart Preston as an alternate member of the Veterans Advisory Commission. Vote The motion passed unanimously. Commissioner Fitzpatrick pointed out Mr. Preston was a veteran of the Battle of the Bulge. 6. 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. PROPOSED RESOLUTION NO. R14-127 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach B. PROPOSED RESOLUTION NO. R14-128 - Approve the purchase of Veeam Backup & Replications Software and ExaGrid storage & deduplication appliances from United DataTechnologies (UDT) by means of a five years lease with a $1.00 buy-out from VAR Resources in the amount of $15,781.97 a year; Approve and Authorize the City Manager to sign the Lease Agreement. B. PROPOSED RESOLUTION NO. R14-129 - Approve the Settlement Agreement with the Palm Beach County Department of Health (PBCHD) for improvements to the Oceanfront Park wastewater treatment plant and authorize the City Manager to sign the Agreement. C. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 D. PROPOSED RESOLUTION NO. R14-130 - Adopt the 2015 City of Boynton Beach Legislative Agenda E. Accept the Fiscal Year 2013-2014 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ending September 30, 2014 (unaudited). F. Accept the written report to the Commission for purchases over $10,000 for the month of November 2014. G. Approve the minutes from the Regular City Commission meeting held on December 2, 2014. 7. BIDS AND PURCHASES OVER $100,000 A. Approve a one year piggy -back of Manatee County Agreement No. 11-065FL, Amendment No. 4, for Odor and Corrosion Control Services with Evoqua Water Technologies, LLC for the purchase of Hydrogen Peroxide. The estimated annual expenditure is $210,000. Motion Commissioner McCray moved to approve the piggy -back bid with Evoqua Water Technologies. Commissioner Merker seconded the motion. Vote The motion passed unanimously. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 14-035 - FIRST READING - PUBLIC HEARING - Approve the third extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Proposed Ordinance No. 14-035 by title only, on first reading. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 Mayor Taylor opened the issue for public hearing and no one came forward. Motion Commissioner Merker moved to approve Proposed Ordinance No. 14-035. Commissioner McCray seconded the motion. Vote The motion passed unanimously. B. Request to grant a variance of seven (7) feet to allow a thirteen (13) foot rear setback instead of the twenty (20) foot rear setback required per Part III, Chapter 3, Article III, Section 2.13.3 of the Land Development Regulations. Mayor Taylor noted the request had been approved by the Planning and Development Board. Motion Commissioner McCray moved to approve the variance requested. Commissioner Merker seconded the motion. Mayor Taylor opened the issue for public hearing. Attorney Cherof administered an oath to all those intending to testify. James DeVoursney, 2625 Lake Drive North, inquired if the variance would apply to all future rear setbacks, City wide. Amanda Parker, Planner, advised it was for one specific property at 622 South Road. There are two or three properties in the same subdivision that have a similar variance. Commissioner Fitzpatrick surmised the issue was a private sector problem. An illegal addition was built ten years ago, the property was sold and the real estate agent did not research the property, resulting in the new owners inheriting the problem. He concluded similar variances would continue to be granted and the rules and regulations written by staff are not upheld. Commissioner Fitzpatrick did not agree with staff's recommendation that the variance be granted. It is not a hardship and does not fit the criteria for a variance. Ms. Parker noted regulations are created for all properties; however, some subdivisions do not meet the typical dimensions and that is the hardship with this property. Most properties are designed in a more linear fashion. Commissioner Fitzpatrick pointed out all the surrounding homeowners used the space as required. The illegal addition 0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 created the problem and the variance would reward bad behavior. Ms. Parker recalled there are three houses in the subdivision that have variances setting a precedent in this subdivision. Vice Mayor Casello suggested the solution may be to rezone the subdivision. Ms. Parker was not sure that would be a viable solution. The variance is specific to the one property. Commissioner Fitzpatrick questioned the impervious area created and noted it would not be a good solution for the area. Ms. Parker did not agree. The new owner was present, Beth Miskiewicz, who was administered an oath by Attorney Cherof. She explained a home inspection was done prior to settlement. Upon requesting a permit to have a shed delivered, it was discovered the addition constructed in 2003 was too close to the property line. It was not disclosed at the time of sale and the real estate agent was aware of the issue. Their intent was to bring the addition up to Code. Over $15,000 had been spent to resolve the issue without any construction being done. Vice Mayor Casello inquired if the addition would be re -constructed to match the Code and the owner replied it would be. The estimate was over $50,000 to correct the problem. The sellers and property were in foreclosure. Vice Mayor Casello questioned, if the setback variance were granted, could it be stipulated the addition be brought up to the Florida Building Code. Ms. Parker assumed the engineer would make those determinations when the permit was sought. Ed Breese, Principal Planner, advised the City was aware it is an illegal structure and the owners could be cited. The owner's intent was to reconstruct the addition and if that was not done, the recourse would be to cite the owners as a Code violation. Vote The motion to approve the variance was passed 4-1 (Commissioner Fitzpatrick dissenting). Motion Vice Mayor Casello moved that the staff return to the Commission in six months with a follow up on the Code violation. Vote The motion died for lack of a second. 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 C. Approve request for Major Site Plan Modification to construct a one-story, 7,420 square foot Texas Roadhouse restaurant building and related site improvements. Applicant: Bradley Miller, Miller Land Planning, Inc. Attorney Cherof administered an oath to all those intending to testify. Bradley Miller, of Miller Land Planning, advised the applicant was in agreement with staff recommendations and conditions. Motion Commissioner McCray moved to approve the Major Site Plan Modification. Commissioner Merker seconded the motion. The site was located and it was noted the only signage would be on the building. It would involve 76 parking spaces on the site and there would be surplus parking within the mall itself. Mr. Bradley reported the applicant was in the permit process and hopefully the project would move along quickly and add another 40 employees in the City. It was an excellent family restaurant. There was an additional handicap parking space included in the plans. Vote The motion passed unanimously. C. PROPOSED ORDINANCE NO. 14-031 - FIRST READING - PUBLIC HEARING - Approve abandonment of a portion of North Lake Drive bounded on the south by Dimick Road and Lot 1 of the Hulls Subdivision to the north. The subject right-of-way to be abandoned is 40 feet wide and extends a distance of 135 feet; containing 5,402 square feet (0.1240 acres). Applicant: Dodi Buckmaster Glas of Gentile Glas Halloway O'Mahoney & Associates, Inc., agent for the property owner, K. Hovnanian T & C Homes at Florida, LLC (By agreement of all parties Tabled to 1/20114) D. PROPOSED ORDINANCE NO. 14-032 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14-001) from Low Density Residential (LDR) to Special High Density Residential (SHDR). Applicant: Dodi Buckmaster Glas, Gentile Glas Holloway O'Mahoney and Associates, Inc. (By agreement of all parties Tabled to 1120/14) 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 F. Approve a New Master Plan/Site Plan (NWSP 14-004) to allow construction of 80 fee -simple townhome units (Casa del Mar on the Intracoastal IPUD) at a density of 16.65 dwelling units per acre, a waterfront amenity area, and related site improvements on 4.8 acres located on the east side of Federal Highway, north of Dimick Road and south of the Peninsula IPUD. Agent: Dodi Buckmaster Glas with Gentile Glas Holloway O'Mahoney & Associates, Inc (2GHO) on behalf of Applicant/Owner K. Hovnanian T & C Homes at Florida LLC. (By agreement of all parties Tabled to 1/20114) G. PROPOSED ORDINANCE NO. 14-033 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (LUAR 14-001) from R -1 -AA (Single -Family Residential District to an IPUD (Infill Planned Unit Development) with a Master Plan for a townhouse development. (By agreement of all parties Tabled to 1/20/14) H. PROPOSED ORDINANCE NO. 14-034 - FIRST READING - PUBLIC HEARING - Approve Casa Del Mar rezoning (REZN 14-005) from an IPUD (Infill Planned Unit Development) with a Master Plan for a marina use to an IPUD with a Master Plan for a townhouse development. (By agreement of all parties Tabled to 1120/14) 10. CITY MANAGER'S REPORT A. PROPOSED RESOLUTION NO. R14-131 - Amend the FY 2014-2015 budget, which will adjust budgeted appropriations and revenue sources to provide spending authority for a 2% wage increase for General/Contractual Employees (Full and Part-time) effective October 1, 2014 and possible 2% wage increase for SEIU Florida Public Services Union - Blue and White Collar bargaining units. Ms. LaVerriere advised a budget amendment had been prepared to accommodate the increase. Fire and Police are not included because they are in active negotiations. The monies would be pulled from the undesignated fund balance. Motion Commissioner Merker moved to approve the budget amendment. Commissioner McCray seconded the motion. Vote The motion passed unanimously. 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 B. PROPOSED RESOLUTION NO. R14-132 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - White Collar Unit and the City. Motion Commissioner McCray moved to approve and ratify the White Collar Bargaining Agreement. Commissioner Merker seconded the motion. Vote The motion passed unanimously. PROPOSED RESOLUTION NO. R14-133 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC - Blue Collar Unit and the City. Motion Commissioner McCray moved to approve and ratify the Blue Collar Bargaining Agreement. Commissioner Merker seconded the motion. Vote The motion passed unanimously. E. Review the Utilities Monthly Operating Report for the month of November 2014. Commissioner McCray noted all Departments should make regular reports to the rnmmic-,inn. Ms. LaVerriere advised it would be done in the future. Colin Groff, Director of Utilities, indicated this was a quarterly report. There are $40 million of expenditures a year in the Utilities Department. The report sets a measurable standard to improve the utilities and offer better service. Improving employee safety is the number one goal. The recordable injury rate is higher than the industry average. It has gone down, but minor injuries continue to occur and further training was being done. All of the goals of treatment operations are on target to provide quality water and dispose of wastewater efficiently. Field operations are also meeting their goals. There were several major breaks in July. Since that time the breaks have been isolated so not as many customers are impacted. 12 MEETING MINUTES REGULAR CITY COMMISSION December 15, 2014 BOYNTON BEACH, FL The majority of the capital monies are spent on the thecentral roads andest corridor estoring thee right-of- water htlof water lines, installing stormwater systems, repaving way. It is approximately 30% finished and it is anticipated to be completed six months earlier than proposed. The last phase of raw water main segment would be almost finid in Jauary with shed shed snx months early ruThe $2 to follow. The Lake Boynton Estate project is million master pump station project is about 60% finished. The financial metrics beat last year's goal and budget. re closelycosts w re r ise The in conjunction with the cost of living. The expenses Department has been more aggressively collecting debt. Pon eb .Pn lhas improvedWtiate so the invoices do not become large. Customer com opportunity to a the bill. ut offs include written notice to the customer with an opp Y pay There have been tree removal issues with the cel Seacrest to be done. r There are as couple in the right-of-way need to be removed for the improvements complaints that cannot be resolved. Another issue is to parking that would b elimi a nts. to avoid stormwater issues. A hot line has been a with Calls are usually handled within 20 to 30 minutes and the residents are fairly happy the project. and Mayor Taylor noted there were numerous projects . The Commigoing sincession appreciated r. Groff's ltheiir he commended the employees for the work they do. around-the-clock efforts. Commissioner Fitzpatrick referred to a row of Australian Pins that ott were beannot w t tnved without permission. Mr. Groff advised verbal permiss 9 is the third time the contractor has not obtained the ttis movien ng very fast, but has ion. The roots are causing damage to the sidewalk and road. The contractor been warned that another failure to receive written indicated the 11 re are in another contractor being utilized. Commissioner Fitzpatrick property. Mr. Groff advised there was a Coeenforcement issue because the trees are creating a hazard. New trees would be planted. Commissioner Fitzpatrick speculated there were more issues the than two or et. It has three. Mn . Groff related the only issues were the three houses challenge because of the extensive landscaping, mistakes on the survey lines and other issues. The contractor would be held responsible. D. Approve addition to the City's pay plan of nine (9) new Job Classifications within the Utilities Department: Utility Field Technician I-V, 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 Control System Technician and Plant Electrica I/Instrumentation I-II, Operator/Maintainer Trainee. Motion Commissioner M erker moved to approve. Commissioner McCray seconded the motion. thanked Mr. Groff for getting new job classifications that were Commissioner McCray long overdue. The changes would provide paths for promotions. Vote The motion passed unanimously. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS Manager. A. Review and action on Annual Performance Evaluation for the City Motion Vice Mayor Casello noted the evaluations came in above exceptional in most cases. He moved for a 2% raise for the City Manager. noted there are cts and negotiations. He felt Commissioner McCray outstanding contra a raise. He was in those should be settled before she issue. City Manager is awarded agreement with the 2%; timing was Mayor Taylor agreed with the Vice Mayor's recommendation. Commissioner Fitzpatrick seconded the motion. er and he hoped she has an outstanding City Manager Mayor Taylor offeSeNetheCity l a long time. The raise would be the same as all other would continue tor employees receive. Vote The motion passed 4-1 (Commissioner McCray dissenting). s Cit ies as they relate to City B. Discus Y lobbyist representation of outside part business. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FL December 15, 2014 (This item was removed from the agenda.) Commissioner McCray had requested the item be placed under Future Agenda and then later withdrew that request. 13. LEGAL - None 14. FUTURE AGENDA ITEMS - None 15. ADJOURNMENT There being no further business to come before the Commission, Mayor Taylor properly adjourned the meeting at 7: 33 p.m. ATTEST: �1net M. Prainito,,f�IIMC `City Clerk idith A.Pyle, C puty City Cler 15 CITY OF BOYNTONLBEACH T asello Vice Mayor David T. Mefker, Commissioner ray, Co er i Michael M. Fitzpatric Commissioner E 0 ki 11,1 0 ii: 0 N 1, 1 :1 Zf1TfJ M M a 1LO] :4 1 by, A lI!!IIilliII!!!1y!!!I liql1i;Iii! III I; 111 ;111111 !11II!J1J IF I FAI IIIIIII U 4 [ 4fil -MIMiTAHIMMInnimagm DevelOpment P & Z Building Engineering IOcc. License &111y"Aaa� APPLICANT'S ADDRESS: 508 E. Boynton Beach Blvd., Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 15, 2014 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a one-story, 7,420 square foot restaurant building and related site improvements, located on the north side of Old Boynton Road, immediately west of Winchester Park Boulevard/Mall entry drive, in front of Macy's Department Store and zoned C3 (Community Commercial). Jill I(IIITI I � I 2A i i rJ I J] THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applica t !MHAS HAS NOT Ir ifflifil"MiliVil: Ill IT I III J1111 I 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 request is hereby -- GRANTED subject to the conditions referenced in paragraph 3 above. 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: City Clerk 075150 300 450 600 ■ ■ =MEW %1 Ilml -3 > 0 z m Ami R-- .......... - - ----- - — ---- ------- -V:.,R'- —"HE OF -CONGRESS AVENUE' NORTH C(I w ONGRESS AVENUE RM) Texas Roadhouse City of Boynton Beach. FL ti -?�E7 -2 - > Z gig R l �.Qt. �r: 1 dA. �►�iuQQii : .. Q}I QiQ ry Qo. 031 V ar *� �� ••uwr+► i��i QQ�i►�►�►�iriiv�iyEi�li►Aii�iiif`�' •■►� ��v��rPa+ a 7^�'yR`� 00000000 OOOpOQ00 + , '){„ Q„�,OQooQQ QOQOQ.t1c+Q � � "LAG 1 `11�� � �► ►ru ►t i� R O O R �Y� iA�� �����I��� ii11t11=1p 111111 e ��-'�.x,. II i y : .f y 1 x ti 2 _ 1 Y H s =, MW 9malm I gIj ps 'yoDag uo!uAog jo Aj!Z) alp' d. -7,- asnoqpr)oN soxel MW 9malm I I — m— - I gh ham il k,-ARVI Ii. — m— - I m G 880 WON 85. p 82 NO g MARA Ln ;g u 0 0 0 w 'n co . :E r- r- -0 ;a x -j G) 0D m 0 m oo -MCNO -i (n > z m m z cu 0 z p Es 0 o (n z cn m wf si P!i i G 880 WON 85. p 82 NO g MARA Ln ;g u 0 0 0 w 'n co . :E r- r- -0 ;a x -j G) 0D m 0 m oo -MCNO -i (n > z m m z cu 0 z p Es 0 o (n z cn m ■ I _:1 Yd U0 % Project Name: Texas Roadhouse File number: MSPM 14-005 Reference: 3rd review plans identified as a Manor Site Plan Modification with an November 5, 2014 Planning and Zoning Department date stamp marking. DEPARTMENTS IINCLUDEr ENGINEERING i PUBLIC WORKS I FORESTRY I UTILITIES Comments: 1 On the boundary survey, please verify the road right-of-way line doesn't extend beyond the current 40 feet distance from the centerline of the road, or clarify if there is a dedicated instrument to justify sidewalk, HC path, signal box encroachments as shown on X the sketch. Same consideration for the overhead lines and utility poles north of the adjoining south boundary line. 2. The proposed 5' pedestrian crosswalk is located outside the boundary parcel and will require the approval of the adjacent parcel owner. Same considerations for the on-site drainage modifications X and sanitary sewer connections. 3. Please indicate on the Site Plan the provision of a minimum outside X turning radius of 55 feet to allow for turning movements solid waste and emergency vehicles. 4. Due to the age, health, and physical condition (not Florida #1 quality) of the 9 existing Black Olive trees on the site, the Landscape Architect should propose the total 118 diameter inches of the trees to be removed and replaced [diameter inches] on the site. The X replacement trees should be shown by a separate symbol on the formal landscape plan sheet and can be placed anywhere on the Boynton Beach Mall common areas. 5. The applicant should show landscape improvements to break up the wall expanse along the North side of the building. X FIRE Comments: None, all previous comments satisfied. POLICE Comments: None, all previous comments satisfied. BUILDING DIVISION Texas Roadhouse (MSPM 14-005) Conditions of Approval PARKS AND RECREATION CPmmants: Nine PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk. 7. Prior to submittal of building permit application, please provide a copy of the Traffic Performance Concurrency approval letter from PBC Traffic Engineering. 8. Is a FPL transformer box required? If so, it shall not be placed between the building and Old Boynton Road. 3. Will all meters and typical back -of -house equipment be located— within a meter room? If not, indicate the placement on the appropriate wall(s) and depict the method of screening. Additionally, please place a note on building elevations that all equipment attached to the building shall be required to be painted to match the building and screened with landscaping. 10. Proposed soffit lighting shall be recessed into the soffit and not surface mounted, in an effort to conceal the light source. 11. At time of permit submittal, please update all sheets to ensure uniformity of walkway alignment, roof overhangs and dumpster enclosure design. 12. Please revise the site plan, landscape plan and all other appropriate plans to depict location of required public art. It is recommended you coordinate this effort with Debby Coles-Dobay, Public Arts Administrator (561-742-6026). 13. At time of permit submittal, please provide signage details, including square footage calculations, sign types (i.e. channel letters), lighting source, materials, colors, logo percentage of entire sign, etc., for staff determination of compliance with the City's sign code regulations. COMMUNITY REDEVELOPMENT AGENCY Texas Roadhouse (MSPM 14-005) Conditions of Approval Page 3 of 3 DEPARTMENTS IINCLUDE Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 6'W 0elopment " e P&Z PROJECT NAME: Miskiewicz Residence Beefing 0 L, r 'a L6 _ense LIC ri jerk CC. city Clerk Uty Ity APPLICANT: Michael & Beth Miskiewicz 'Dep TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 2.13.3, requiring a rear building setback of 20 feet, to allow a seven (7) foot variance, and a rear building setback of 13 feet for an addition to a single-family residence in the R -1 -AA zoning district. 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: Application for the relief sought was made by the Applicant in a manner consistent wi the requirements of the City's Land Development Regulations. i 2. The Ap Ii nt 2HAS HAS NOT 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 "E" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other