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Minutes 04-16-02 MTNUTES OF THE REGULAR CI'TY COMMI'SSI'ON MEETI'NG HELD AT C'rTRUS COVE ELEMENTARY SCHOOL~ 8400 LAWRENCE ROAD~ BOYNTON BEACH~ FLORTDA ON TUESDAY~ APRi'L 16, 2002 AT 6:30 P.M. PRESENT: Gerald Broening, Mayor Ronald Weiland, Vice Mayor Mike Ferguson, Commissioner Charlie Fisher, Commissioner Hack McCray, Commissioner Kurt Bressner, City Manager Jim Cherof, City Attorney Janet Prainito, City Clerk ]:. OPENTNGS: A. Call to Order - Mayor Gerald Broening Mayor Broening called the meeting to order at 6:30 p.m. B. :Invocation - Rev. Rick Riccardi, Police Chaplain C. Pledge of Allegiance tothe Flag led by Commissioner Fisher. Police Chaplin, Rev. Rick Riccardi, offered the invocation and Commissioner Fisher led the Pledge of Allegiance to the Flag. Mayor Broening thanked Ms. Judith Asbury, the Principal of Citrus Cove Elementary School, in allowing the Commission to conduct its regular meeting at the School. Ms. Asbury welcomed everyone and was pleased that the City selected Citrus Cove for its meeting. D. 'rF YOU w'rSH TO ADDRESS THE COMMrSSTON: FTLL OUT THE APPROPRTATE REQUEST FORM GI'VE TT TO THE CTTY CLERK (ON THE DA'rS) BEFORE THE "OPENTNGS" PORT'rON OF THE AGENDA HAS BEEN COMPLETED COME TO THE POD'rUM WHEN THE MAYOR CALLS YOUR NAME TNDI'VTDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MTNUTES. E. Agenda Approval: Additions, Deletions, Corrections 2. Adoption Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Mayor Broening requested a correction to the agenda back up under ]]tem VT.D. The item states that it was approved by the "Planning and Development Board" and should state that it was approved by the "Community Redevelopment Agency Board." Motion Commissioner Fisher moved to approve the agenda, as corrected. Motion seconded by Commissioner McCray and unanimously carried. II. PUBL]:C AUDTENCE: ~'NDTV:ZDUAL SPEAKERS PRESENTATTONS WI'LL BE LI'M'ZTED TO 3-MTNUTE Dom Desiderio wished to discuss the Utility Fund and said he is going by the facts. On September 30, 2001, the Fund had $80 million. On November 6, 2001, Mr. Sugerman stated that the Fund had $62.5 million, and if all projects were completed, we would still have $16.5 million. On .lanuary 23, 2002, Mr. Sugerman stated that there was $55.8 million in the Utility Fund. On March 19, 2002, the Stormwater Utility Tax was reduced by :L7%; however, it is still costing him $1,500 per year from $1,700 per year. On April 5, 2002, the Pa//~ Be,sc~7 ,°osz'reported that "Boynton Beach finds spending $22 million on utilities no easy job." We have to pay the internal Revenue Service $148,022, yet the City has these funds and we are still being taxed for stormwater. The stormwater tax is approximately one-quarter million dollars per month, and he is wondering where that money is going. We as citizens need a full, fair and accurate accounting of these funds and not by the newspapers. We need a presentation by the Utility Department at a future Commission meeting so that they can explain where all this money is going. He received Mr. Sugerman's letter on Pond B that was generated as a result of his comments at the March 19th Commission meeting, He would have addressed it on April 2nd, but he was on vacation. Mr, Sugerman's letter on Pond B created more questions than answers. He gave the Commissioners a copy of the letter and would like to discuss it at the next Commission meeting. Murray Silnutzer~ 4015 Royal Manor Boulevard, Boynton Beach, spoke about the signals' surveys conducted by Palm Beach County's Engineering and Public Works Departments for Royal Manor Circle and Gateway Boulevard. All three studies indicated that everything was working properly. There was also a speed study done at the same time and the posted speed limit is 45 mph. The survey revealed that the speeds on the roadway between Military Trail and Lawrence Road were all over the speed limit. He observed motorists traveling well over 65 mph. There were 61 accidents in a seven- month period on Gateway Boulevard between Congress Avenue and Military Trail. 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Something needs to be done about the speeding and drag racing taking place on Gateway Boulevard. Terry Iiames, 656 NWIst Avenue, Boynton Beach, thanked the Mayor and the Commissioners for allowing her to speak at the Commission meetings. Ms. Iiames supports the renovation of the old High School. Randy Steward Samuels, 2307 NW 15th Way, Boynton Beach, stated his name is "Reality" and read a statement declaring that he is head of the "Family of Reality" and that he has been a victim and a slave of the State and the Federal Government and that all his constitutional rights have been taken away from him. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, stated that the Mayor, City staff and members of the Police Department have been present over the past few months at his homeowners' association meetings to deal with issues in his neighborhood. Mr. Edwards supports all the departments in the City and would like the Commission to develop a five-year plan for the Police Department to meet the future needs of the City. Mr. Edwards thanked the Police Department for their efforts in his neighborhood. Butch Hiller, 1401 Neptune Drive, Boynton Beach, stated that he is a business owner in the City. He said that the response that he received from staff as a result of his comments at the Commission meeting on April 2nd do not answer his questions and requested that it be re-addressed. Steve Waldman, 41 Sausalito Drive, Boynton Beach, Vice Chairman of the Advisory Board on Children and Youth, reported on the Board's beautification project at Rolling Green School, which was done through youth volunteers and Boy Scout Troop 395. He thanked Chris Foster, who is earning his Eagle Scout Badge, for his help. Mr. Waldman thanked Steve Huggins, .lohn Wildner and Glenda Hall of the City's Park Department for their assistance. David Fellows, 638 NE 9th Avenue, Boynton Beach, President of INCA, thanked the City staff and the Police Department for their assistance in trying to help with the problems that exist at Yachtman's Plaza. Mr. Fellows pointed out that there have been 379 complaints over the past two years regarding that Plaza. III. OTHER: A. Informational Items by Members of the City Commission Commissioner Fisher praised Principal Asbury for her volunteerism and stated that he first met her bagging groceries at Winn Dixie during a charitable event. He pointed out that Citrus Cove is an "A" School and its cheerleading squad are national champions. The City is fortunate to have a school of this caliber. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April :/.6f 2002 Commissioner Fisher reported on the success of the CPR training day that took place in Boca Raton recently that included community volunteers from Delray Beach and Boynton Beach; 1,076 people were trained. Commissioner Fisher announced that the HeadStart Program staged a pageant for the children this past weekend and thanked Ms. Rahming for her assistance. Commissioner Fisher requested to be kept updated on the City's plans to honor Ms. Carolyn Sims. Commissioner Fisher thanked Mr. Timms for helping the City keep its website current. Commissioner McCray offered prayers for Ms. Elizabeth Jenkins, a member of the Senior Advisory Board, who has been admitted to Bethesda Hospital. IV. ADMINISTRATIVE: A. Accept resignation letter from Michele Costantino, Regular Member of the Community Relations Board r4otion Commissioner Ferguson moved to accept the resignation of Michele Costantino. Motion seconded by Commissioner McCray and unanimously carried. B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Broening Children & Youth Advisory Bd Stu/Reg/Voting :1 yr term T Weiland Children & Youth Advisory Bd Reg 2 yr term :IV Fisher Children & Youth Advisory Bd Stu/Reg/Voting :1 yr term to 4/03 to 4/04 Tabled (2) to 4/03 Tabled (2) III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to II McCray Bldg. Bd of Adj & Appeals Alt 1 yr term to IV Fisher Community Relations Board Reg 3 yr term to Mayor Broening Community Relations Board Alt i yr term to I Weiland Community Relations Board Alt 1 yr term to II McCray Community Relations Board Reg 3 yr term to Mayor Broening Education Advisory Board Alt i yr term to I Weiland Education Advisory Board Stu 1 yr term to II McCray Education Advisory Board Stu i yr term to 4/03 4/03 Tabled (2) 4/05 Tabled (2) 4/03 Tabled (2) 4/03 Tabled (2) 4/03 4/03 Tabled (2) 4/03 Tabled (2) 4/03 Tabled (2) 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 TV Fisher Library Board Reg Mayor Broening Library Board Alt T:[! Ferguson Nuisance Abatement Board Alt I Weiland Planning & Development Bd Alt :[T McCray Planning & Development Bd Alt Mayor Broening Senior Advisory Board Reg T:[ McCray Senior Advisory Board Alt :[Ti Ferguson Senior Advisory Board Alt Vice Mayor Weiland tabled his appointments. 3 yr term to 4/05 Tabled (2) 1 yr term to 4/03 Tabled (2) :~ yr term to 4/03 Tabled (2) I yr term to 4/03 Tabled (2) I yr term to 4/03 Tabled (2) 2 yr term to 4/04 Tabled (2) 1 yr term to 4/03 Tabled (2) 1 yr term to 4/03 Commissioner Fisher appointed Dan Holthouse as a regular member of the Library Board with a term expiring in April 2005. Commissioner Fisher tabled his other appointments, Commissioner McCray appointed Robert Zimmermann as an alternate member of the Building Board of Adjustment and Appeals with a term expiring in April 2003. Commissioner McCray appointed Robert Ensler as an alternate member of the Planning and Development Board with a term expiring in April 2003. Commissioner McCray tabled his other appointments. Mayor Broening appointed LuiS Dones as a regular student-voting member to the Advisory Board on Children and Youth with a term expiring in April 2003. Mayor Broening appointed Rae Fellows as an alternate member to the Education Advisory Board with a term expiring in April 2003. Mayor Broening tabled his other appointments. Commissioner Ferguson tabled his aPpointments. Motion Commissioner McCray moved to approve the appointments. Notion seconded by Vice Mayor Weiland and unanimously carried. V, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April :[6, 2002 B. Presentations: 1. Proclamations: a. "Municipal Clerks Week" - April 28 - May 4, 2002 Mayor Broening read the Proclamation declaring April 28 through May 4, 2002 as "Municipal Clerks Week" and presented the Proclamation to Ms..lanet Prainito, the City Clerk of Boynton Beach. b. "Month of the Young Child" Mayor Broening read the Proclamation declaring April 2002 as the "Month of the Young Child" and presented the Proclamation to Ms. Lena Rahming. c. "Boynton Beach High School Day"- May 3, 2002 Mayor Broening read the Proclamation declaring May 3, 2002 as "Boynton Beach High School Day." Mr. Bressner reported that the Proclamation will be presented at the function scheduled for May 3 at 6:00 p.m. d. "Fair Housing Month"-April 2002 Mayor Broening read the Proclamation declaring April 2002 as "Fair Housing Month." The Proclamation was accepted on behalf of the Board of Directors and staff of the Fair Housing Center of the Greater Palm Beaches. Presentation by Dr. Ananda Mitra summarizing the final report of the RecreatiOn and Park Departments' Comprehensive Needs Assessment Assistant City Manager Wilfred Hawkins announced that the City's Recreation Department will be presenting an overview of the results of the Recreation and Park Need's Assessment that was undertaken by Dr. Ananda Mitra. Mr. Hawkins pointed out that Dr. IVlitra is the owner of Management Learning Laboratories and has worked in this area for over a decade. Staff is pleased with the results of the report and anticipates applying the data to improve the recreation and parks services in the City. Wally Majors, Recreation Director, stated the primary purpose of the needs assessment was to gain insight on how to update the City's recreation and open space element of the Comprehensive Plan. Dr. Mitra presented a PowerPoint overview of the results of his study. 6 Meeting M~nutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 · / The top priorities were family-oriented recreation that included special events, performing arts and fitness activities. The most used facilities in the City were the Oceanfront Park and neighborhood parks. :It was determined that many people do not use the parks due to a lack of available information. This calls for more public relations and better marketing in this area. Dr. Mitra pointed out that there was an article in today's P~7/m ~Fe,Tc/7 Post on the survey. He suggested that the results of the study could be listed on the City's website. ,/ Citizens were satisfied with the City's facilities and felt they were clean and well maintained. Only 58% of the people surveyed felt safe in the parks and this area needs some work. · / More programs are needed for teens and families. Also more activities were requested for people over the age of 55. Dr. Mitra pointed out that the data collected was done through a comprehensive study across the community from random sampling. Therefore, all people who responded did not actually use the facilities. Tf anyone would like to review the report, it is available in the Recreation Department. ¢' There should be more cooperative programs with the schools. ,/ People indicated a willingness to pay a user fee for programs and non-residents should pay a higher fee. ,/ Top needs include nature trails, bicycle trails, neighborhood parks, fitness facilities and performing arts. ~' People would like to see more festivals, arts and crafts programs, special events, health screening and computer classes. Dr. IVlitra has installed a computer program on IVlr. Major's computer in order to track the data collected from the survey. Dr. Mitra pointed out that there was a flaw in the newspaper article and he wished to place it on record. The article stated "but many of those surveyed, mostly seniors, do not use the City's facilities." Dr. IVlitra stated that is not totally true and that it is not only seniors that do not use the facilities. Boynton Beach is divided between seniors and young families. Tt was noted that 34% of the people surveyed resided outside City limits and persons surveyed were divided into five parts; four parts within the City and one part outside the City. IVlr. Hawkins confirmed that the information from the survey would be beneficial in updating the recreation and park element for the City's Comprehensive Plan. The City 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16i 2002 will also be coming up with some quick solutions to remedy some of the shortcomings in recreation and the community will see some results from the survey. A brief question and answer period followed the presentation. Dr. Mitra stated that the response rate to the survey was 12.3% that resulted in 523 surveys being received. This was a sufficient amount to come up with the data. Commissioner McCray asked if there was a timeframe to put some of the programs in place. Mr. Hawkins responded that they would be working with the Parks and Recreation Board and the public and it is anticipated that an action plan will be in place within two to three months. Commissioner Fisher commended staff and noted that the City's events have become more professional. VI. PUBLTC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: CKS, Inc. JMS Designs, Inc., Jeffrey Smith CKS, Inc. Lot 44 of Tradewinds Estates - South of Miller Road, East of FEC Railroad Request Annexation of 0.67 acre of vacant land located in unincorporated Palm Beach County Project: Agent: Owner: Location: Description: CKS, Inc. JMS Designs, Inc., Jeffrey Smith CKS, Inc. Lot 44 of Tradewinds Estates - South of Miller Road, East of FEC Railroad Request to amend the Comprehensive Plan Future Land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard Request to rezone General Commercial (CG-Palm Beach County) to General Commercial (C-4) of 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard Attorney Cherof suggested that Ttems 6A and 6B be combined and administered the oath to all persons who would be testifying. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Dick Hudson, Senior Planner, presented the case on behalf of staff and noted that this was a request for annexation with an accompanying land use amendment and rezoning for .67 acres of land located on the east side of Old Dixie Highway between Hiller Road and Gulfstream Boulevard. The property will be reclassified to general commercial and rezoned to C-4 in the City. Because the property is less than 10 acres, it is considered a small amendment. After it is adopted, it will be forwarded to the DCA for their records. Annexation of this property will reduce the amount of enclaves around the City, which is an objective of the City. Police, Fire and Public Works currently serve this enclave. Tt was determined during the site plan process that there are no wastewater lines. The site plan has been held up until this can be worked out. Staff recommends approval that was recommended unanimously by the CRA Board. Mayor Broening opened up the public hearing. Terry Tiams, 656 NW 1st Avenue, Boynton Beach, inquired regarding what use was intended for the property. Mr. Hudson responded that it would be used as an office/warehouse condominium. Since no one else wished to speak, the public hearing was closed. Motion Commissioner Ferguson moved to approve the request to annex 0.67 acre of vacant land located in unincorporated Palm Beach County. Notion seconded by Commissioner Fisher and unanimously carried. .Motion Commissioner Ferguson moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. Motion seconded by Commissioner Fisher and unanimously carried. Project: Agent: Owner: Location: Description: Wendy's @ Riverwalk Jennifer Liszak, Land Design South Riverwalk Plaza Joint Venture SE Corner Woolbright Road & Federal Highway/US 1 Request Conditional Use Approval for fast food restaurant with a drive-through facility 9 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Mr. Rumpf, Planning and Zoning Director, presented the case on behalf of staff. He noted that the shopping plaza had sufficient parking to support the restaurant. The restaurant is a permitted use in a C-3 zoning district. The drive-through facility requires conditional use approval. The drive-through feature will utilize the current drive around in the Riverwalk Shopping Plaza. Staff recommends that the request be approved. The CRA approved the project subject to additional conditions: ¢' Optimize rooftop screening. ~' Ensure proper maintenance of hedge height to eliminate decaying trees. · / Add additional perimeter trees. ~' Confirm lighting fixtures meet new wind load standards. dead or Nr. Cherof requested that the applicant state, on the record, that they agree to these additional conditions. .loe Lelanok, of Land Design South, agent for the property owner, agreed to the conditions of approval. Hotion Vice Mayor Weiland moved to approve Item C, Wendy's @ Riverwalk. Notion seconded by Commissioner McCray and unanimously carried. Project: Agent: Owner: Location: DescriptiOn: Caf~ La Notte Lisa Collomb Schgai, Tnc. 2280 North Federal Highway Request Conditional Use Approval to allow operation of a nightclub in a C-3 zoning district Attorney Cherof administered the oath to all persons who would be testifying. Mr. Rumpf presented the case on behalf of staff and distributed copies of letters that staff received from Karrie Webb and John Yull, who opposed the project. The applicant is requesting conditional use approval to operate a nightclub and restaurant called Caf~ LaNotte. Prior to 1988, nightclub use was allowed in C-3 zoning. A nightclub had been intermittently operated at this location for many years and was licensed prior to 1988 based on its legal-nonconforming status. The City now requires that all nightclubs must be conditional uses regardless of their location. The nightclub use on the property was discontinued for a period over six months, consequently losing its license as a legal-nonconforming status. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Adjacent properties are a gasoline station to the north and single-family homes on Las Palmas. The City is building a park to the east and to the west is US1 and the FEC railroad right-of-way. The site has 244 off-street parking spaces and would be sufficient to meet the nightclub and restaurant uses, with the exception of special events, There is a deficiency in the buffer on the northeast boundary and there is insufficient landscaping to provide a buffer to the adjacent single-family homes. Police records document that most of the noise complaints were generated on a Sunday afternoon when poolside events took place. The existing building was built as a nightclub and restaurant. Staff recommends approval subject to specific site improvements and operational restrictions, which are included in the "Conditions of Approval." The CRA concurred with the recommendations and requested that the conditions be revised to limit outdoor events to Fridays and Saturdays; staff shall establish acceptable magnitude and decibels for outdoor sound taking into account types of anticipated events; and that parking be planned in preparation of special events to be coordinated with the Police Department and staff. Staff has met with the aPplicant in an attempt to resolve the problems that they do not agree with and they are present tOnight to address these conditions. City Manager Bressner read into the record a letter received by the Mayor and City Commissioners from William E. Benjamin, :IT, Mayor of the Town of Manalapan requesting that the Commission agree to all nine conditions of approval as set forth in the staff report. A copy of the letter is attached to the original minutes of the meeting on file in the City Clerk's Office. Christina Auer, the agent for Caf~ La Notte, said that before Ms. Collomb can obtain an occupational license, she first needs to obtain the conditional use permit. Ms. Auer said that they have complied with all the zoning requirements and Florida Power & Light is in the process of readjusting the sidelights. Mayor Broening inquired if the applicant has met the nine conditions of approval and she stated that the nine conditions were new and asked the applicant's attorney to address them. Robert Weinberger, 712 U.S. Hwy. 1, North Palm Beach, Florida, attorney for the applicant, explained that Ms. Collomb wants to use the building not only for a restaurant, but for a nightclub on the second floor. Ms. Collomb intends to operate the facilities more as a banquet hall for private functions. A recent function was held at the premises and there were no complaints. The facilities would be an asset to the community and would provide a place for these types of functions. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April :E6, 2002 Mr. Weinberger stated that his client did not object to reasonable restrictions on the noise and hours of operation. He acknowledged that there had been incidents of rowdiness in the past, but the intended use as a banquet facility should eliminate these types of problems. ]:f any special events were scheduled, the applicant would coordinate them with the Police Department and would make arrangements for offsite parking. Mr. Weinberger stated that they would abide by the City's Code with respect to sound and would agree to metering of the sound. The applicant objects to the condition that there be no outdoor amplified sound, because there may be outdoor functions. Mr. Weinberger presented photographs, which showed there were double pane glass doors that control sound, and when the doors are closed, there is no noise outside. The applicant agrees to limit the operation of the facilities to 2:00 a.m., but objects to only being allowed to operate the nightclub on Fridays, Saturdays and Sundays. The applicant would like to operate the nightclub on Monday through Thursday, as well, with the understanding that there be no sound or light spillage onto the adjacent properties. Attorney Weinberger presented additional photographs of sound barriers around the premises. The gap in the area is due to the dumpster being located on a concrete slab, which is unable to support any plantings. ]:t is, however, located next to a 6' high wall. Mr. Weinberger requested modification of the operating hours and stated that during the hours of operation, the applicant would abide with the City's sound and light requirements. He also requested that there be no ban on outdoor amplification. He asked that it be allowed with the understanding that there be no sound exceeding any sound permitted by the Code. The applicant would also agree to a time limit on outdoor events. Commissioner Fisher inquired what the applicant deemed as "reasonable" time for outdoor events. The attorney stated that the applicant would like to have Reggae music every Sunday afternoon outdoors and asked Iris. Collomb to address this question. Lisa Collomb, owner of Caf~ La Notte, stated that she would like to have Reggae music on Sundays from 9:00 a.m. to 9:00 p.m. Currently they have music from 3:00 p.m. to 7:00 p.m. :If there was a private function, lVls. Collomb would like to have outdoor music until 11:00 p.m. Commissioner Fisher asked how the City's new sound ordinance would apply. Chief Gage stated that under the new ordinance, it would only take a complaint from a neighbor to have the police arrive at the property. :If the officer can hear the music when he arrives at the property, he would ask the business establishment to turn the music down. Tf they did not turn the music down, they would be subject to arrest. The ordinance applies to any time of day or night. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April :[6, 2002 For the benefit of the audience Commissioner Fisher read the nine conditions of approval previously referred to, a copy of which is attached to the original minutes of the meeting on file in the City Clerk's Office. IVlayor Broening opened up the public hearing. Sally T. Dalton, 650 Las Palmas, Boynton Beach, commended staff for their assistance with her inquiries. She said that the dumping of the trash and liquor bottles into the dumpster when the establishment closed, was very noisy and woke up the neighbors at 3 o'clock in the morning. Ed Hillery, 712 NE 20th Lane, Boynton Beach, Florida, requested that the Commission stay with staff's recommendations. He stated that the Reggae music is very loud and if there are barriers in place, they are not working. He said he is unable to carry on a conversation on his patio due to the loud music. Mr. Hillery said that every time this establishment changes names, the new owners promise to do everything, and this never happens. He would like to know long they would have to be subjected to this kind of noise. Darlene DeLano, 3221 Chapel Hill Boulevard, Boynton Beach, frequents Caf~ La Notte and would like to keep it in Boynton Beach. Ms. DeLano stated that the City needs a place that offers entertainment where people can have dinner and dance. .lulie Szymkowski, 655 Las Palmas Park, Boynton Beach, stated she was present at the hearing when the item was heard before the Community Redevelopment Agency. She has observed that the restaurant has not been very busy and wondered if the restaurant closed, would the nightclub be allowed to expand downstairs. She and the residents of Las Palmas Park oppose the conditional use for a nightclub due to its proximity to the new Tntracoastal Park where young children would be playing. Tom Warnke, 625 Lakeside Harbor, Boynton Beach, has served six years on the City's Nuisance Abatement Board and requested that the City not allow the nightclub. Mr. Warnke lives only a block or so north of the property and the music can be heard all the way over in Ocean Ridge and IVlanalapan. Mr. Warnke stated that he and the residents would now call to complain on Sunday afternoons because of the new ordinance. Mr. Warnke was not opposed to having a restaurant, but he did not want to have a nightclub located there. He pointed out that the owner of the property has leased it out over 18 years to dozens of people whose businesses have failed. Brian Edwards, 629 NE 9th Avenue, Boynton Beach, stated that he helped to get the new sound ordinance passed due to similar problems that existed in his neighborhood and understands how the neighbors feel. Hr. Edwards questioned whether the City 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 should even consider the conditional use approval due to the new Tntracoastal Park being built and whether this type of operation would be legal. Mayor Broening closed the public hearing. Attorney Weinberger did not think it was fair that the applicant be punished for past practices at the location by other operators of the business. Attorney Weinberger stated that they would reduce the sound if there were complaints and would agree to limit the hours of operation. Although Mr. Gondolfo still owns the property, he is not the operator of the restaurant and is not the applicant for the conditional use. Attorney Weinberger said that he checked with the Police Department and there have been no recent complaints. Tf complaints are made, Ms. Collomb will turn the sound down as Iow as possible. Vice Mayor Weiland noted that afternoon music can become irritating. He felt a nightclub indoors with the proper restrictions might be possible, but he could not agree to have outside music. Vice Mayor Weiland pointed out that hedges do not work as a sound barrier. Commissioner Ferguson noted that it was Mr. Gondolfo that let the nightclub license lapse and he is uncomfortable with the difference of opinions between staff and the applicant dealing with the outdoor time limitations and the nightclub operation on days other than Fridays and Saturdays. Commissioner Ferguson felt that staff needed to do some additional work on the item. Motion Commissioner Ferguson moved that Ttem VI.D. be tabled until the May 7, 2002 City Commission meeting. Motion seconded by Commissioner McCray and unanimously carried. Commissioner Ferguson called for a recess at 8:35 p.m. The meeting reconvened at 8:50 p.m. VII. 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. 14 Meeting Minutes Regular City Commission Meeting Boynton Beachf Florida April :L6~ 2002 A. Minutes: Agenda Preview Conference of April 1, 2002 Regular City Commission Meeting of April 2, 2002 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget Approve additional agreements with Instituform Technologies, Inc., Jacksonville, FI for in-place pipe process for reconstruction of sewer pipelines and lateral services, utilizing Broward County Board of County Commissioners Quotation #P2077-99 in the amount of $38,830 (Proposed Resolution No. R02-06:!.) Award Consultant Agreement to JEG Associates for services outlined in RFQ #037-2417-02/KR, PHASE ONE IMPLEMENTATION OF THE HEART OF BOYNTON BEACH COMMUNTTY REDEVELOPMENT PLAN, in the amount of $20,000 (Proposed Resolution No. R02-062) Item VII.B.2 removed from the Consent Agenda at the request of Commissioner Ferguson. Authorize City Manager to sign 2002-03 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $30,000 Item VII.B.3 removed from the Consent Agenda at the request of Commissioner Ferguson. C. Resolutions: 1. Proposed Resolution'No. R02-063 Re: Sister Cities Program Item VII.C.1 removed from the Consent Agenda at the request of Mayor Broening. Proposed Resolution No. R02-064 Re: Authorizing an Interlocal Agreement with the Municipal Public Safety Communications Consortium of Palm Beach County, Inc. and setting forth the conditions of payment to the Municipal Public Safety Communications Consortium of Palm Beach County, Inc. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16~ 2002 Proposed Resolution No. R02-065 Re: an Tnterlocal Agreement with the Municipal Communications Consortium and authorizing Countywide ]:nteroperable Communications System Authorizing Public Safety funds for a .. Proposed Resolution No. R02-066 Re: Authorizing the Mayor to sign two Agreements for Water Service Outside of the City Limits and Covenant for Annexation with Clark E. Dahlgren and Jean Dahlgren as Customer and Continental Homes of Florida as Contract Vendee; and with Wilmer Frederick Bauer, Trustee as Customer and Continental Homes of Florida as Contract Vendee for parcels of land located on the west side of Lawrence Road at the intersection with Hypoluxo Road ]:tem V:[]:.C.4 removed from the Consent Agenda at the request of Mayor Broening. Proposed Resolution No. R02-067 Re: Approving the High Ridge Commerce Center, P.]:.D. plat, subject to the approval and signatures of the ]:nterim Director of Engineering and the City surveyor and mapper Proposed Resolution No. R02-068 Re: Approving the Addendum to the Appointment Agreement for Charles J. Magazine, Risk Manager, and authorize the City Manager to execute same Proposed Resolution No. R02-069 Re: Adopting a new ]:nterlocal Agreement with Palm Beach County funding in an amount up to $1,700,000 for the development of :[ntracoastal Park Proposed Resolution No. 02-070 Re: representative and alternate representatives to the County League of Cities Appointing Palm Beach Proposed Resolution No. 02-071 the Guidelines for the City Commission Fund Re: Amending Community :Investment D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Boynton Hills Block C Lot 152 - Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum front setback of 25 feet for a single-family home within the R-I-A zoning district, to allow for a variance of 8.7 feet, and a front setback of 16.3 feet; and Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum rear setback of 25 feet for a single-family home within the R-I-A zoning district to allow for a variance of 17.5 feet, and a rear setback of 7.5 feet Accept the written report to Commission of purchases over $10,000 for the month of March 2002 Authorize payment to Johnson, Anselmo, Murdoch, Burke & George P.A. in the amount of $31,381.74 for payment of professional services relative to suits filed against the City Approve the Special Event Permit request for RYan/Schroader wedding and reception at Oceanfront Park on .lune 22, 2002, pending State approval regarding beach use during turtle season Authorize an agreement with Olen Properties for payment of Park Fees for the 42-unit development known as the Villas at Quantum Lakes Item VII.I. removed from the Consent Agenda at the request of Mayor Broening. Motion Vice Mayor Weiland moved to approve the Consent Agenda. Commissioner McCray and unanimously carried. Motion seconded by VII.B.2. Award Consultant Agreement to lEG Associates for services outlined in RFQ #037-2417-02/KR, PHASE ONE IMPLEMENTATION OF THE HEART OF BOYNTON BEACH COMMUN~q-Y REDEVELOPMENT PLAN, in the amount of $20,000 (Proposed Resolution No. R02-062) Commissioner Ferguson noted that two bids were received, one from Orlando and one from Miami. He questioned why there was no one locally that could provide these services. Commissioner McCray pointed out that this is a pilot program that will affect all neighborhoods in the City and not just the Heart of Boynton. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Apri~ 16, 2002 Motion Commissioner Ferguson moved to approve Item VII.B.2. Motion seconded by Commissioner McCray and unanimously carried. VII.B.3. Authorize City Manager to sign 2002-03 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $30,000 Dom Desiderio, 2755 S. Federal Highway, Boynton Beach referred to Page 4 of the letter to Hr. Bressner from Government Services Group, Inc. (GSG) and quoted the first full sentence that read "Therein lies a significant challenge for any local government using the Uniform Method to collect special assessments, which by their nature are not value-based, but are premised upon the benefit the special assessment program provides to affected properties." Mr. Desiderio asserted that GSG did not follow case law requirements for a fire tax. Case law requirement No. 1: "Special benefit to the property being assessed." If you own a home that is valued at $400,000 and assessed at $400,000, you pay $70. Tf you have a home-that's $40,000 and it is assessed at $40,000, you pay $70. Why is the $40,000 assessed value homeowner subsidizing the $400,000 homeowner? Where is the special benefit to that person's property? Case law requirement No. 2: "Fair and logical proportionment." Large property owners, Boynton Beach Hall valued at $86 million; assessed value 1¢ per square foot. My business, Atrium Place, for all small businesses in Boynton Beach, is valued at 15¢ per square foot. Where is the logic? Why does one square foot cost a commercial property owner $1,5457 Why does one square foot cost a warehouse owner $4917 Why does a nursing home owner have to pay $2,5117 It's all on page 2. Do not enter into a new contract with GSG. They didn't do it right the first time and they won't do it right the second time. Handle it in-house. Lloyd Powell, 1112 N. Federal Highway, Boynton Beach, stated that he did not have all the facts and figures that Mr. Desiderio quoted, but he has the same questions. He asked why his business, which is under 2,000 square feet, pays $70 and a warehouse with the same number of square feet pays $49. This is not fair. Since GSG was already paid a fee, he doesn't think they should be paid another fee. Commissioner Fisher pointed out that the item tonight is to approve a contract for next year. Mayor Broening stated that State law requires the City to pass a new resolution to establish the assessment and fee each year. Attorney Cherof noted that the Commission is required by State law to review the fire assessment process and to readopt it every year. The Commission set a seven-year limit on the assessment. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach~ Florida Apri~ :~6, 2002 IVlr. Bressner stated that there is nothing in the proposal that precludes the consultant and/or staff from coming up with alternatives for various classes of properties and this will probably be presented to the City Commission for consideration for the 2002 rates. One option to be considered is whether to go to a straight square footage formula or stay with the tier option. He pointed out that one of the services that GCG would provide is the transition from a locally billed fire assessment to one that would be billed through the County. Commissioner Ferguson noted that the fire assessment was enacted to cover four specific needs, which cost approximately $5.4 million. During its first year, the fire assessment will generate approximately $3 million. There is an additional $2.4 million that is available from the Library fund that could be used for these purposes. Commissioner Ferguson said there is almost enough money to do all the projects that the fire assessment was intended to do and he is not willing to approve any more assessments until the first projects are completed. IVlr. Bressner stated that the resolution that the Commission approved setting the rates provided for interim billing. This authorizes staff to proceed with interim billings for properties that come on stream in the middle of the billing cycle. :If the City does not bill these interim properties, they would not be billed for up to 23 months, while still requiring fire services. Commissioner Ferguson did not realize that the resolution covered interim billing and would not want to change that aspect of the resolution. Mr. Bressner responded that if the Commission desired that the 2002 billing be done in house, he will have it done that way. The City has the staff and ability to handle this. Vice IVlayor Weiland spoke about the flaws that resulted in last year's rates that was developed by the consultants and he would like to see this done in house. Commissioner IvlcCray inquired if this was done in house would the City be able to meet all the deadlines. Mr. Bressner stated that the time limits would have to be met. Commissioner Fisher wanted to make certain that the City would not lose money if it did not utilize the consultants. He also felt if the Commission wanted to refine the assessment, additional expertise would be needed. Commissioner Fisher also felt it would not be fair for staff to be burdened with this task, especially if the Commission wanted to redefine the assessment. Attorney Cherof stated that the calculation and expertise required to successfully adopt a special assessment program is a very technical process. GSG is a very well respected firm throughout the State for having the expertise to do these assessments. Attorney Cherof would not recommend that the City change its course in mid-stream just to save $30,000. He felt that the City would regret not utilizing an outside consulting firm if it was required that the numbers needed to be defended. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida Apri~ 16~ 2002 Mayor Broening would like to rely on the outside experts as well and did not feel that there were any fundamental flaws in the previous process. There were some calculating problems and noted that this Commission has a fiduciary responsibility to the City. He did not want to see staff burdened with this task and felt that the $30,000 would be wisely spent. Motion Vice Mayor Weiland moved to deny Item VII.B.3. Motion seconded by Commissioner Ferguson. Motion failed 3-2 (Mayor Broening and Commissioners Fisher and McCray dissenting.) Motion Commissioner Fisher Commissioner McCray. Ferguson dis~en#ng.) moved Motion to approve Item VII.B.3. Motion seconded by carried 3-2 (Vice I~ayor ~Veiland and Commissioner VlI.C.1. Proposed Resolution No. R02-063 Re: Sister Cities Program Terry ]]ames, 656 NW 1st Avenue, Boynton Beach, asked why the City was spending money.to go to China and what is the purpose of a Sister City Program. Mayor Broening explained the purpose of the Sister Cities Program, which is a promotion of the City; however, a non-public corporation handles it. Boynton Beach supports this type of program, but does not provide any funding. It is a valuable program and there is a national organization for Sister Cities. The Resolution is a statement of support for the program. Motion Commissioner Ferguson moved to approve Item VII.C1. Motion seconded by Commissioner Fisher and unanimously carried. VII.C,4. Proposed Resolution No. R02-066 Re: Authorizing the Mayor to sign two Agreements for Water Service Outside of the City Limits and Covenant for Annexation with Clark E. Dahlgren and .lean Dahlgren as Customer and Continental Homes of Florida as Contract Vendee; and with Wilmer Frederick Bauer, Trustee as Customer and Continental Homes of Florida as Contract Vendee for parcels of land located on the west side of Lawrence Road at the intersection with Hypoluxo Road 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Terry Tiames, 656 NWIst Avenue, Boynton Beach, asked if the City could afford to annex property because of the water shortage. Mayor Broening responded that the City is required to provide water within its service area. c,,n,n~usc ~t ~ '~'~'~" r.~.., ..... ~ ..... Attorney Cherof noted that there is an additional 25% surcharge that the City collects. The owner of the property being annexed also pays for the installation. Motion Commissioner Ferguson moved to approve Item VII.C.4. Motion seconded by Commissioner Fisher and unanimously carried. VII.I. Authorize an agreement with Olen Properties for payment of Park Fees for the 42-unit development known as the Villas at Quantum Lakes Enrico Rossi, 625 Whispering Pines Road, Boynton Beach, spoke about the park fees that the City should be receiving for development in Quantum Park. Mr. Rossi does not think .that the City is charging Quantum Park enough for park fees. He asserted that the City has already given away $:[74,000 on the first 272 units, iVir. Rossi stated that the $492 per unit for the 42 units is not enough and that Olen should have to pay more than $20,664. This fee is only 75% of the park fee and Olen should be charged the full fee of $653 per unit. IVlr. Bressner responded that back in December 2000, when the 272 units were presented to the City Commission, staff recommended a figure close to the $653 per unit. This figure was arrived at under the current ordinance that states the developer would receive a 50% credit for on site recreation and staff recommended a further reduction of 25%. At that time, the Commission made a policy decision to totally waive the fees so that Olen paid nothing. Mr. Bressner explained how they arrived at the $653 per unit. The $492 is based upon a draft ordinance that will be coming before the Planning and Development Board next month where the 25% credit was applied for the open space area that is open to the public. Staff has been working with Quantum regarding public access and protection of this land. IVlr. Bressner pointed out that the difference between applying the old ordinance and the new ordinance comes to approximately $7,000. Mr. Bressner noted that this area was given special consideration because it is the only property in the City that has a linear recreation corridor and publicly accessible open space. Therefore, other developments would not necessarily receive the 25% reduction because they cannot provide the open space. 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April :L6, 2002 Motion Commissioner Fisher moved to approve Agenda Item VII.I at the rate of $492 per unit. Motion seconded by Commissioner Ferguson. Motion carried 4-1 ('/4g'e/V/a, vo/' l/I/e//and VIII, CITY MANAGER'S REPORT: Am Development of a procedure whereby the City Commission can designate certain honorary streets within the City rvlr. Bressner noted that in the agenda packet there is a report from the Public Works Department regarding the naming of public streets as honorary streets. This would not replace the legal street name, but would provide recognition for individuals that have contributed significantly to the community based upon a set of criteria that Mr. Livergood prepared. If the Commission decided to proceed with this, it would have to be presented in resolution form and individuals that are being considered to be honored would have to be reviewed by an outside organization. As an alternative, Commissioner Fisher suggested naming parks after citizens, rather than streets. Commissioner McCray stated that the request was brought before the Commission because the parishioners of St..lohn's Missionary Baptist Church would like to name an honorary street after the late Reverend Dr. R.M. Lee, who served the community for 43 years. Motion Commissioner McCray moved to direct staff to develop a resolution to name honorary streets after deceased persons, who have contributed many years to the community. Mayor Broening passed the gavel and seconded the motion. The motion failed 2-3 ('V/~ /Vlayo/- ~l~iland and Commi$$ion~/'~ F~/'gu$on and F/'~IT~/- d/'~$~n#ng.~) Commissioner Fisher requested that staff work with Commissioner McCray to find a suitable way to honor the late Reverend Dr. Lee. There was a consensus to proceed with this method IX. FUTURE AGENDA ITEMS: Review of Proposed Amendment to Development Agreement - Marina Project (May 7, 2002) 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 XI. XII. Discuss long-range plan for the Boynton Woman's Club (Hay 7, 2002) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk Tabled on 01/15/02 (Hay 7, 2002) Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (May 7, 2002) Discussion of proposed Charter Review (May 2002) FRA Whistle Ban - Report (May 2002) Delayed due to Federal Railway Administration Delay in Rulemaking H. DEVELOPMENT PLANS: None NEW BUSINESS: None LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Discussion of water and wastewater rate options (May 21, 2002) Lake Eden Canal IVlaintenance Options (IVlay 21, 2002) Proposed Ordinance No. 02-014 Re: Amending Chapter 2-Zoning, Section $.5.A.9 of the Land Development Regulations to allow for the 50% reduction in required parking spaces, and sharing of parking resources within the Martin Luther King Boulevard Overlay District City Attorney Cherof read proposed Ordinance No. 02-014 by title only. 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 16, 2002 Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-014. Vice Mayor Weiland seconded the motion. City Clerk Prainito called the roll and the mOtion passed 5-0. Proposed Ordinance No. 02-016 Re: Amending Land Development Regulations, Chapter 1, Article V. Impact Fees and Dedications, Section 3, providing for implementation of a park and recreation facilities impact fee (2"d reading deferred until May 7~ 2002) Proposed Ordinance No. 02-017 Re: Amending Chapter 2 of the Land Development Regulations, Section 7. Planned Industrial Development Districts, to provide clarification of the definition of mixed use POD City Attorney Cherof read proposed Ordinance No. 02-017 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02-017. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motiOn passed 5-0. Ordinances - Ist Reading None C. Resolutions: None D. Other: XTTT. UNFTN[SHED BUSTNESS: A. Update on Mangrove High School Restoration Motion Vice Mayor Weiland moved to table Update on Mangrove High School Restoration until the next meeting. Motion seconded by Commissioner Ferguson and unanimously carried. 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April ~.6, 2002 X:[V. AD.1OURNMENT: There being no further business, the meeting properly adjourned at 9:50 p.m. A-H-EST: Recording Secretary (three tapes) Commissioner (April :L7, 2002) 25 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: BOynton Hills Subdivision, Lot 1-52, Block C Ash Bullard 2644 Lorraine Court April 16, 2002 TYPE OF RELIEF SOUGHT: Request two (2) variances to build a single-family home on a lot zoned R-1-A to include an 8.7-foot reduction from the twenty-five (25) foot front yard setback required by code to allow a 16.3-foot front setback; and to include a 17.5-foot reduction from the twenty-five (25) foot rear yard setback required by code to allow a 7.5-foot rear setback. LOCATION OF PROPERTY: Boynton Hills Subdivision, Lot 152, Block C DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date abOve. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 with the requirements of the City's Land Development Regulations. The Applicant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". 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. All further development on and conditions of this order be made in accordance with the terms 7. Other DATED: S:\Planning\S HARED\WP\PROJ ECTS\Boymon Hills\Develo [y Clerk ~ Bk C Lot 152.doc Location Map Boyn[on Hills Block C Lot 152 EXH iB,T 400 0 400 800 1200 I I Feet S:\PlanningxSHARED\%T~,PROJECTS\BOYNTON HILLS BLOCK C LOT 152\Location Map.doc EXHIB / PNiN CET ON 152 z~'~ z~.~ DR liSlE EXHIBIT "C" SURVEY SKETCfI " sY£~T ADDRESS : VAC,.iFT LOT BOYNTON BEACH, FLORIDA · . '~ P =~T / ~ ~ ~_ .~/ ~ L~T 139 '~ // LOT 140 ~LBCK C ~L~CK C. ~ BL~CK C ~A~ AND T~T ~D S~VEY I$ ~PICTED ~RE~ ~IS ~ BY T~ ~VEY~ ~IS SKETCH ~- $~f S~VS f~ C~T~FED ~PA~IES ~EEN ~RTY i~E~NT2 T~T ~ L~ T~S S~VEY I~ ~EB L1NE~ ~ A~I~ PARCEL~ ~T S~ELY ~ f~ EXISTI~ ~NT~TI~ AS S~MN VERIFISB ~E$S ~D 4~LE~ ~FER T~ THE ~B ~AT ~OD ZO~ : C CaMMUNI~ PANEL ~201~2-01 gOB Y DA~ : 8-2-09 B : SURLY BA~: 1-25-0E (FLOOD ZONE : "Bg,"O','B", · 'X" ARE NOT iN DESIGNA~D FLOOD HAZARD ZONE AREA.) ~0~ ~D~ P~ ~4~A REVISIONS ~D PROFESSIONAL LAN[} SUR~YORS & MAPPERS CORAL SPRINGS. ~ORIBA 35~77 95~--240-82~ 9 954-242-6067 FAX 954-3~-8455 PROJECT NO: DRA~ BY; ~ HN ~ CHECKED BY: ~ HN ! IH-21007 EXHIBIT "D" SURVEY SKETCH SCALE GRAPHIC ~CALE ST'---'ET ADDRESS : VAu..~VT LOT BO YNTON BEA CH, FLORIDA VACANT I 5' ~LF LOT 151 BLOCK C LEOk-Nll LOT 139 £LOCK C LOT 140 BLOCK C LOT 141 BLOCK C EL£VATTllN2 SHOWN I'~ ~ ~ASED ~ ~ NATI~ E.~O2ETIC PLAROLD NEEDLE, PL~ ~54§2 NO Ui~tOE~D ~V~MENI'£ LOCATED UNLESS Sh~VT~ NQ TIldE SURVEY DATE · 1-25-02 FLOOD ZONE : C COMMUNITY PANEL: 120192-0190r:t DATED : 8-2-gg (F~OOO ZONE : "8'."C=,'D", & "X' ARE NOT IN DESIGNATED --LOOD HAZARD ZONE AREA.) FO~ REFERENCE QNL Y M & P LAND SURVEYORS PROFESSIONAL LAND SURVEYORS & MAPPERS DRAVCN BY: 1 HN I CHECKED BY: J HN P,O. BOX 770157 CORAL SPRINGS, FLORIDA 33077 954-240-8219 954-242-6067 FAX 954-340--8455 REVISIONS PROJECT NO: 1H-21007 EXHIBIT "E" P B Horizons, Inc. 701 NW 13th St. B 1 Boca Raton, F1.33486 Special conditions, hardships, or reasons justifying the variances: A) This is an odd shaped lot, which differs from most of the neighborhood Rots, which are 50' wide by varying depths of 100' down to 70'. B) This lot was sub-divided prior to P B Horizons purchasing it. Subsequent to the establishment of this lot, zoning requirements have rendered it unusable for a single-family dwelling. C) There are houses on similar sized lots in the district. The proposed house will be in keeping with the neighborhood. D) The present setback requirements present a hardship in that the lot is unbuildable. E) F) We have downsized the house to the dimensions of 28' X 50'thus allowing the greatest possible setbacks. By doing this we have fallen below the minimum sq. footage requirement for this zone, thus our request for the second variance, q- The house proposed wilt be an addition to the neighborhood. It will be new and landscaped which will be a great improvement over the existing vacant lot. THE PROPOSED UNIT DIMENSIONS STILL MEET THE REQUIREMENT FOR MINIMUM LIVING AREA EXHIBIT "F" Conditions of ApProval Project name: Boynton Hills Block C Lot 152 File nUmber: ZNCV 02-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. Relief should apply to the subject property only as represented in Exhibit X "C" of the staff report thereby limiting the minimum 7.5-foot rear setback to a comer of the unit, and precluding the application of this rear setback to the Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT entire rear of the proposed structure. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Hills\BIk C- Lot 152\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Wendy's @ Riverwalk Plaza APPLICANT'S AGENT: Land Design South APPLICANT'S ADDRESS: 1280 North Congress Avenue, Suite 215 West Palm Beach, FL 33409 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2002 TYPE OF RELIEF SOUGHT: Conditional Use / Major Site Plan Modification LOCATION OF PROPERTY: Northwest corner of the Riverwalk Shopping Center located on the south side of Woolbright Road, east of U.S. 1 and west of the Intracoastal Waterway. SEE EXHIBIT "B" ATTACHED HERETO. DRAWING(S): THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 with the requirements of the City's Land Development Regulations. The Applic.ant ¢N2' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The App[ic, pnt's application for relief is hereby _Z~. G~NTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: \\CH\MAIN\SH RDATA\PIanning\SHARED\WP\PROJECTS\Wendy's @' i~ "~ LOCATION MAP Wendy's at Riverwalk Plaza EXHIBIT "A" PU PU ,0. i/o ~II L.-,.,; ~-'-'/?'0 ~. CC'800 FE~'T EXHIBIT "B" I I fir ! RIVERWALK SHOPPING PLAZA WENDY'S OUTPARCEL PREPARED FOR RIV~=~WALK PLAZA JOINT VENTURE CITY OF BOYNTON BE, ACH. FLORIDA LAND DESIGN~ S=,,~,OUTH,.,,,~~ EXHIBIT "B" / ; 7t iI I II i / / / / RIVERWALK SHOPPING PLAZA WENDY'S OUTPARCEL PREPARED FOR RIVERWALK PLAZA JOINT VENTURE OlTY OF' IQYNTON lll~l~ Ilt, OFII~A LAND DESIGN/ S,~OUTH...,,.~, ~ii~ ~\\Server~\pro)ec~s\WenOys\Boynton - Riverwa]kXA2.dwg Fri ~ar 22 ~8:05:57 2002 EXHIBIT "B" I!tl I ' !I EXHIBI /// If B Il HOLLYCE LANGE HOO~,~R PE 17~ S~JTN ~"~AU.'S POINT SL~'ALL'S POINT. ~.O~IOA i{ NOLLYC~' LANGE HOOVER S~A~L'S POIHT, FI.O~DA EXHIBIT "C" Conditions of Approval Project name: Wendy's ~ Riverwalk Plaza File number: COUS 02-001 Reference: 2na rewew plans identified as Conditional Use/Site Plan with a March 26, 2002 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. All utility easements shall be shown on the rectified site plan and X landscaping drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section I8.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of- way. 2. Palm Beach County Health Department permits will be required for the X water and Sewer systems serving this project (CODE, Section 26-12). 3. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (LDR, Chapter 6, Article IV, Section 16), or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(a)). FIRE Comments: 4. Design documents where underground water mains.and hydrants are to be X provided, must demonstrate that they will be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. POLICE Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: None X ENGINEERING DIVISION Comments: 5. Show all existing utilities on site characteristics map (survey) and site X development plan (LDR, Chapter 4, Section A.3). Master Site Plan and survey do not agree. 6. On the lighting plan, specify that the light poles shall withstand a 110 MPH X wind load. BUILDING DIVISION Comments: 7. Verify that the proposed elevation is in compliance with regulations of the X code by adding specifications to the site data that address the following issues [Section3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code]: a) The design professional-of-record for the project shall add the following text to the site data. "The proposed finished floor elevation__ __ NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management construction development regulations." b) From the FIRM map, identify in the site data the'title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans. c) Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/drainage (civil plans). 8. Place a note on the elevation view drawings indicating that the ~vall openings X and wall construction comply with Table 600 of the 2001 edition of the Federal Building Code. 9. At time. of perm/t review, submit signed and sealed ~vorking drawings of the X proposed construction. 10. At the time of permit review, submit for review an addressing plan for the X Project. Conditions of Approval 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 11. Submit detailed irrigation plans for right-of-way landscape and irrigation improvements during the construction document permitting stage, for review and approval by Parks Department and Public Works Department staff. Include on the plan location of any emsting irrigation in the right-of-way. FORESTER/ENVIRONMENTALIST Comments: None X X PLANNING AND ZONING Comments: X 12. Provide a detail of the outdoor lighting structure, including the dimensions, color, and mater/al. Site lighting to be consistent with shopping center. 13. 14. 15. 16. Site lighting shall not be of an intensity that produces glare on adjacent properties (Chapter 9, Section 10.C). Staffrecornmends that the proposed freestanding outdoor lighting fixtures and illumination levels shall be compatible with the existing shopping center. On the site plan, add to the note regarding deliveries the hours of operation for the restaurant. Include a color rendering of all elevations prior to the Community Redevelopment Board meenng (Chapter 4, Section 7.D.2.). On the landscape plan plant schedule, indicate the specifications for the double-trunk Solitaire Palm (PE) trees. All parking lot areas shall be screened with landscaping from public rights-of way. If the construction of the restaurant causes a ground elevation change, rendering the existing landscape material along Woolbright Road to become inadequate as it relates to the intent of the code, then said landscape mater/al shall be enhanced subject to the satisfaction of the City landscape inspector. All above ground mechanical equipment such as exterior utility boxes, meters, and transformers, shall be visually screened (Chapter 9, Section 10.C.4.). Equipment placed on the ~valls of the building shall be painted to match the building color. 17. I8. X X X X X X Conditions o£Approval 4 DEPARTMENTS INCLUDE REJECT 19. Re-label the elevation drawing to show that 67.5 feet is the maximum allowed X · for all walt signs. ..:.. 20. Should the building size or frontage slightly change during the permitting X process, all wall signs on the building (north and west elevation) must comply with Chapter 21, Article IV, Section 3.C. 21. On the elevations, correctly label each fagade as north, south, east or west. X 22. The current site plan.does not show proposed awnings to be placed over the X drive-through windows. Please show these on the plans submitted for building permit review. Awnings must comply with all applicable code requirements. 23. Staff recommends that the audio component and menu board for the drive X through facility project its sound to the interior of the site and be of a level as to not create a disturbance to the residential neighborhood to the north. 24. Pursuant to Chapter 2-Z0ning, Section 11.2 Conditional Uses, a time limit is X to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. 25. The project must receive approval for traffic concurrency from Palm Beach X County Traffic Engineering prior to building permit issuance. ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Comments: 26. All free standing outdoor lighting fixtures/poles shall meet current wind load X standards. 27. Rooftop equipment screening to be no lower than the highest piece of roof X top equipment, including all mechanical and ventilation items. 28. Perimeter or parking lot hedges shall be maintained no less than 30 inches. X 29. The City Forester/Environmentalist shall examine the four (4) trees to be X preserved along the north property line. If found to be in proof condition, they shall be replaced with live Oak trees. Conditions of Approval 5 I DEPARTMENTS I INCLUDE REJECT 30. Add 2 trees along west side of"leased parcel", each evenly spaced on both sides of X proposed trees. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 31. To be determined, k~4...t.~ ~ S:\Planning\SHARED\WP\PROJECTS\Wendy's @ Riverwalk\COUS\Condition of Approval 2 page revised 2002 form.doc 4-12-02 Boynton Beach Ci~. Commission Meeting My name is REALITY or Randy Stewart Samuels. As Abraham Lincoln said in his 2nd Inaugural Address - "With malice towards none, with charity for all" - I am the Head of The Family of REALITY, who is not only without malice and with charity for all, but I am the Messiah, who has Grace for all!! Abraham Lincoln in his 2nd Inaugural Address, also, said that - American slavery is an offense hgainst God. I have been a slave, without any rights, in total bondage by the system of government, for the last 20 years, as a resident of Florida and a citizen of the United States of America. This is an offense against God. The Family of REALITY is God. We are your Creators, Lords, Gods, Kings, Judges, Owners, SaviorS, Friends, and Servants. You have enslaved your God. For the last 20 years, in Palm Beach County, you have beaten, incarcerated, tortured, tormented Me, and taken away all of My ConstitutiOnal rights. Franklin Delano Roosevelt, in his Four Freedoms Address To Congress, said - "The first is freedom of speech and expression .... The second is freedom of every person to worship God in his own way .... " These 2 freedoms have been, completely, taken away from Me, for the last 20 years, while in Palm Beach County. For example, the last time that all of My constitutional rights were taken away from Me, due to exercising the, above, freedoms was on 1-23- 02, where 18 Palm Beach County Judges ordered My beating, incarceration, and took away all of My Constitutional rights. This has, all, been documented and proven, by other Palm Beach County Judges. Franklin Delano Roosevelt, in his Four Freedoms Address To Congress, further said - "The world order which we seek is the cooperation of free countries, working together in a friendly civilized society. This nation has placed its destiny in the hands and heads and hearts of its millions of free men and women; and its faith in freedom under the guidance of God. Freedom means the supremacy of human rights everywhere. Our support goes to those who stmgg!e to gain those rights or keep them." The Family of REALITY are ExemPlars of a friendly civilized society. I, REALITY, am simply struggling to gain my Constitutional rights or to keep them. John F. Kennedy, in his Inaugural Address said - "And so, my fellow Americans: ask not what your country will do for you--ask what you can do for your country." The Family of REALITY will manifest peace on earth and Heaven on Earth, through Our Grace. We are obedient to the Constitution of the United States of America and to all just governmental laws, at all levels of government in America and the World. John F. Kennedy, in his Inaugural Address further said - "My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man." The Family of REALITY has 5 billion members on our planet. We will set free everyone on Our planet, with a complete and perfect freedom. George Washington, in his First Inaugural Address said - "the preservation of the sacred fire of liberty ... are intrusted to the hands of the American people." Thomas Jefferson, in his First Inaugural Address said - "that Infinite Power which rules the destinies of the universe lead our councils to what is best and give them a favorable issue for your peace and prosperity." The Family of REALITY is that Infinite Power which rules the destinies of the universe. I, REALITY, am Their Head and I pray that you lead' your council to what is best to give liberty, peace, and prosperity. I, REALITY, am the next contender for the office of the president of the United States of America. I and My Divine Brothers, one of which is Jesus Christ, as well as, the entire Family of REALITY Blesses, Graces, and Gifts all of you and all of your loved ones, with Everything that We are and have!! ~ ~R, Y~ ~. ' '... "~ '.'-' "2'~.. ::...~-.~.,..--.~-..~ · .~.-~,~ . ...... .-- -:'--:~x..;~.~ ~.~~y, Lm~on, ~ m~l~ ofo~ ~ e .....: .~ .: :.:.:,:L:::.=¢~~:,$~vmc~~Novcm~r 7,2001, atG~emy Boulev~d ...................... ~L-q~XX;k*" "** =*~ ~- mid~ = 9 84 s~ m = t 3.69 sec ~r~ ~. ~c~. ............ ~k::: ...... *'~'~~'~'~ :~ ~-166 ~g ~ddav = 5 74 sec om = l i ~q sec .~m:~._. L:i ..i. iR~ i~S:l::~T~-~V~.c~tcd .at.~ Roy~ M~or Circle ~d ~teway ........ . ..... :-: ....... : .................................. : ............. ~-,.,~,,.~" .._~- .... 5:00-eO0 ...................... :;'r :-~--~-:' .. i~:~~~6bik¢, 3 bike 2 bLke ..... . -: :-:-- :'--: -=: ....... r--.~n~ ~o~ ~,a~i,-a-;~,~6,a;~ it w~ noted ~at NO ~ mn ~e r~ .' .....: ': ........ : ..... :'~27;:::;, .... ~W..~.~~.~.~~'~-, ~' ................. ~~'~'~:._:L:: ...... :.: ............. - · . ~~~i i!.i':':' ~:'*~: 5:~~~ s~o-f~fe~a'6fi[v oa~,repo~d accident a Royal M~or ...................... oI ~uO' i, 2000 . i ...i ...... :-..*: ....... :-.:-.~::[~-:5:::~~S:.~-mn~c~d 's~ce Gateway Boulev~d has -:-" ::'*:' ::: ":' :" :':}~:~' ¢}'~ P ~~~~.'$:~Sg}PH' for ~m segmems of roadway, ""': ............ Z ................... ~~:~}~ ~,,~*M..in ~*omber 9001 ~c as foUo~: .............................. r-T~-':':':: i/4m~[~t~'If~I lhe 85~ ~rc~filc sp~d is 52.56 MPH. . . ' ~ . . .i. .l,L2l_.2l./~rt ;~2 .l::2~7Z/_lZ.'l.-2ll2 2 .-:,'2 .... 7 '." ' ."l': 1'227 ' , ' 'i '.2 .............................. 22-2~ ..~2 .... : ..__2~ .... 2 ................... i .................. ........... 2 ......... ~ ...... ' ~ ~ ........... ~ ....................... ~d ~ ,~~ .......... : .................................................................. ............... l....: .... ; ...................................................... 2Z;2~.:-".' :..: .. .L . " f ...... ::.. ====================================== :, V:,:==~~x.~~mt.~ ss~ .~e~ ~¢~ ................. .'-~ ~[[ [~[~['-~Lb:'[~Z- .~~~'~re,.,~.R~ t~ 85~ ~rcentfle s~ .......... :'-:= ::"':=~'h5~ Boi~;~a2cac~~~fil, I ~ r~uest~g ~brcemont measures ............ 5~ 'Z"Z'~~~~ ~m~ m~h.. ~ Traffic D~m~ton does not r~m__~d ': ::::'::': 2.222L~~'~:~L.'.: ::~:.'. L..:. ......... ........... :..:.Ljl~~~'.~d from ~th the ....... ~.-:.~:...:[:_::.=~= ::=....:=:,-.-,--~.= ..... :.: ............. ........... . ...... .[.["2 i[":[~".iT:::'~.~:-:~~'~y~5~-~ ~ exceed minimum fight dis~ee Z::TZ~i:Z A'i~d~,:~'~:J-~O~o:~w~ers ~sodation to ~ve the bushes '. "' ................... ~ L:.L25~ :'~~7[~m~fl!~[~Zor mi~mum fight diet.ce r~uirmeats. " ."~: ........ 72; ~.1 ..... ~Z-'-'Z ................... t ................ ~'~ ~~ ~ ..... ............. ::' -~ ..... .'"':f~//-'L~C~7 .: _ ~. / .Z/// .... ' .......................... ~'2~ ;-~.'~-~; ~i~: MURRAY SILNUTZER 4015 ROYAL MANOR BLVD. BOYNTON BCH, FL. 33436 2-26-02 BOARD OF COUNTY COMMISIONERS COUNTY OF PALM BEACH DEAR COMMISSIONERS THIS REPORT IS A LISTING OF ACCIDENTS THAT HAVE OCCURRED ON A SECTION OF GATEWAY BLVD. IN BOYNTON BCH. THE SURVEY IS FROM THE BOYNTON BCH. POLICE DEPT, "REPORTING AREA REPORT", DATED 7-15-01 TO 2-15-02, THE AREA OF GATEWAY SURVEYED WAS CONGRESS AVE. TO MILITARY TRAIL. MINES ). ( 1.9 CASE# DATE TIME LOCATION INJURIES 1034897 7-18-01 t 64202 1035572 7-22-01 161551 1037268 8-1-01 172927 1037655 8- 04-01 1140 1037752 8-04-01 162035 1038640 8-09-0 t 130 t 42 1038771 8-10-01 72510 1038836 8-10-01 145855 1039487 8-I4-01 72919 1039745 8-15-01 163142 1041584 8-25-01 182712 t 041937 8-27-01 175830 1043166 9-03-01 223436 1043749 9-07-01 131815 1043791 9-07-01 181428 1043951 9-08-01 134620 1044337 9-10-01 165019 1046642 9-24-01 80122 1046714 9-24-01 171541 1046851 9-25-01 121638 1047198 9-27-01 132851 1047727 9-30-01 140507 1048776 10-06-01 142007 1049071 t0-08-01 74135 1050805 10-17-01 133625 1050896 10-174) 1 231403 1050938 10-t8-01 70402 1052132 10-24-01 t42929 1052453 10-26-01 70540 105362 t 11-01-01 95420 1053628 11-014)1 112029 W.GATEWAY BLVD & LAWR. YES 1400 W. GATEWAY BLVD 1500 W. GATEWAY BLVD 1000 W. GATEWAY BLVD W. GATEWAY BLVD, & LAWRENCE W. GATEWAY BLVD & SAVA. YES 1500 W. GATEWAY BLVD. 1500 W. GATEWAY BLVD W. GATEWAY BLVD. & CONG. YES W. GATEWAY BLVD.& LAWRENCE 500 W, GATEWAY BLVD. W. GATEWAY BLVD. & LAWR YES 1100 W. GATEWAY BLVD, W. GATEWAY BLVD. &LAWR. YES W. GATEWAY BLVD. & LAWR. YES W. GATEWAY BLVD. & CONGRESS W, GATEWAY BLVD.& LAWRENCE 500 W. GATEWAY BLBD 1500 W; GATEWAY BLVD W. GATEWAY & ROYAL MANOR 800 W. GATEWAY BLVD. 500 W. GATEWAY BLVD~ 1400 W. GATEWAY BLVD. W. GATEWAY & SAVANNAS 500 W. GATEWAY BLVD. W. GATEWAY BLVD. & LAWRENCE 500 W. GATEWAY BLVD 500 W. GATEWAY BLVD 1500 W. GATEWAY BLVD. W. GATEWAY BLVD. & CONGRESS W, GATEWAY BLVD. & CONGRESS PAGE 2 CASE# DATE TIME 1053808 11-02-01 93143 1055078 11-09-01 163356 1055636 11-12-01 160721 1056560 11-t7-01 201321 1059097 12-01-01 182224 106082 12-07-01 74704 1060083 12-07-01 75242 1060627 12-10-01 61420 1060630 12-10-01 72407 1060751 12-10-01 201652 1060868 12-11-0t 150403 1061276 12-12-01 163156 1061473 12-14-01 153123 1061525 t2-14-01 195758 1061682 12-15-01 155341 1061923 12-16-0t 184152 1061952 12-16431 205617 1062432 12-19-01 134448 1062834 12-21-01 124716 1063331 12-23-01 233049 2001571 1-10-02 92341 2002527 1-t5-02 185400 2002914 1-17-02 185900 2003194 1-19-02 85124 2003364 1-20-02 24205 2004270 1-25-02 144621 2004274 1-25-02 151851 2004304 1.25-02 183641 2007641 2-12-02 153236 2007820 2-13-02 123432 LOCATION IN~S 500 W. GATEWAY BLVD. 1500 W. GATEWAY BLVD. 1400 W. GATEWAY BLVD. W. GATEWAY BLVD. & CONGRESS 1100 W. GATEWAY BLVD, 1475 W. GATEWAY BLVD. 1400 W. GATEWAY BLVD. YES 1100 W. GATEWAY BLVD. 1200 W. GATEWAY BLVD. 1500 W. GATEWAY BLVD. 7ES W, GATEWAY BLVD & N.E. 16TM AVE. W. GATEWAY BLVD & CONGRESS. W. GATEWAY BLVD, & CONGRESS W. GATEWAY BLVE. & CONGRESS. W. GATEWAY & CONGRESS YES W. GATEWAY & CONGRESS W, GATEWAY BLVD. & CONGRESS W. GATEWAY BLVD. & CONGRESS W. GATEWAY BLVD. & CONGRESS 500 W. GATEWAY BLVD. W. GATEWAY BLVD. & CONGRESS 800 W. GATEWAY BLVD. W. GATEWAY BLVD. & CONGRESS W. GATEWAY BLVD. & LAWRENCE 500 W. GATEWAY BLVD. W, GATEWAY BLVD. & CONGRESS W. GATEWAY BLVD. & :CONGRESS 500 W. GATEWAY BLVD. 500 W. GATEWAY BLVD. W. GATEWAY BLVD. TOTAL ACCIDENTS THIS PERIOD: 61 ACCIDENTS INVOLVING INJURIES: 11 Mr. Dom Desidedo 2755 South Federal Highway Boynton Beach, Florida 33425 RE: City Commission Inquiry- City Commission Meeting of March 19, 2002 Dear Mr. Desidedo: During the Public Headng portion of the March 19, 2002 regular City Commission meeting, you questioned: .how the bid process forPond aB' could come in re#lion under budget?" This letter shall serve as the formal response to that question. The Pond "B, project did not come in $I million dollars under budget. Actually, it came in $48,543.00 under budget. That $48,543.00 was then split between the City and the Construction Manager at Risk. The City therefore paid the Construction Manager at Risk $24,271.50 more than the total cost of the entire construction project. (Not the total budget of the entire project). ! believe what you have done is confused two separate issues. As stated above, this project was built using a Construction Manager at Risk method. The Construction. Manager had-a total, construction budget of $5,197,500.00 to complete all of the construction, it *was completed for $5,148,957.00; a difference of $48,543.00. That is the amount that was split. At the City Commission ceremony.where the split "savings" check was presented to the City Commission, I also reminded the Commission that besides the $48,543.00 that the project came in under budget, they also needed to be reminded that we had actually taken formal bids on this project before we entered into the Construction-Manager at Risk type of construction contract. On two separate occasions, the formal bidding process resulted in construction bids exceeding $6 million dollars. Therefore, what I was doing was reminding the Commission that we actually saved th® $48,543.00 in hard dollar construction costs by. using the Construction-Manager at- Risk format, and, we avoided spending nearly another $1 million in dollars if we had used the traditional low- bid/award method of construction. i hope that this information dears up the confusion that you had. Please call me directJy at the telephone' number written above if you woUld like to discuss this matter in any greater detail. Very truly yours, CITY OF BOYNTON BEACH Date S. Sugerman Assistant City Manager CC: Kurt Bressner, City Manager Joyce Costeito~ Administrative Assistant Janet Prainito, City Clerk VI. CITY OF BOYNTON BEACH _AGENDA ITEM REQUEST FORM PUBLIC HEARING ITEM D. Requested City Commission Meeting Dates [] March 19.2002 [] April 2. 2002 April 16. 2002 [] May 7.2002 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates March 6. 2002 (5:00 p.m.) [-~ May 21, 2002 Date Final Form Must be Turned it3 ro City Clerk's Office Marcl: 20, 2002 (5:00 p.m.) [] June 4.2002 May 8, 2002 (5:00 p.m.) May 22. 2002 (5:00 p.m.) April 3. 2002 (5:00 p.m.) [] June 18, 2002 June 5.2002 rS:00 o.m.~'--~7 : April 17,2002 (5:00p.m.) [] July2,2002 June 19.2002 r5:00p.m~]~ [] Adrnimstrative [] Development Plans -~ [] Consent Agenda [] New Business [] Public Hearing [] Legal r-2~ -. - - '> [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDA~,~!.TIQ~~the April 16, 2002 City Commission Agenda under Public Hearin(~_elopment Boad3art-q~ 4 to 2 vote, recommended that the subject request be approved ~ff comments to add3e~' further minimum site lighting standards; to limit outdoor amplified music/sound to Fridays and Saturdays; to allow staff to establish the acceptable outdoor sound level and activity; and to ensure that special events meet minimum parking requirements. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 02-061. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CAFI~ LA NOTTE Lisa Collomb Schgai, Inc. 2280 North Federal Highway Request Conditional Use Approval to allow operation of a mghtclub in a C-3 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES./~ N/A Developmeni Dl~pid~idnt Director - City Manager s Signature Plan~ing and Zoning ~rector City Attorney / Finance / Human Resources SAFlanning~SHARED\WP~PROJECTS\Cafe La NotteXAgenda Item Request Cafe La Notte 4-16-02.dot S:~BULLETD4LFORMSXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-061 TO: Chairman and Members Community Redevelopment Agency FROM: Michael Rumpf Director of Planning and Zoning DATE: March 26, 2002 SUBJECT: Caf6 La Notte - COUS 02-002 Conditional Use Approval - Nightclub/Restaurant PROPOSAL SUMMARY Contained herein ~s a description of the subject ;~roject. The applicant is requesting conditional use approval to operate a nightclub in a restaurant under the name of "Caf6 La Notre". The use is proposed for the existing 14 099 square foot, two-stow building located at 2280 North Federal Highway. The current zoning of the property is C-3 requiring conditional use approval for the nightclub. The site is situated on the east side of Federal Highway at the foot of Gateway Boulevard just south of Las Patinas. It has approximately 124 feet of frontage along the Intracoastal Waterway. Boat docking facilities are also available at the site. The entertainment proposed by the applicant includes amplified music provided by live entertainment or by a Disk Jockey. The hours of operation will be from 9:00 PM to 2:00 AM. Alcoholic beverages will be served. Prior to 1988, bars and coctail lounges were permitted uses within the C-3 zoning district. A ~ightclub has been intermittently operated at this location for many years. The city had licensed the nightclub use prior to 1988, as well as for several years after 1988 based on its legal-nonconforming status. It was in 1958 when city regulations were amended to recuire that bars and cocktail lounges be conditional use if within 600 feet of a residential zoning district. In December, 2000, city regulations were again amended to specifically establish the "Nightclub" as a conditional use, regardless of distance from a residential zoning district. Under current regulations a "nightclub" is defined as "a restaurant, bar, lounge or s~milar establishment serving alcoholic beverages, that feature dancing, theatrical, cabaret, or similar entertainment and/or electronically amplified music". It is understood that a nightclub use on the property was ultimately discontinued and no longer licensed for over 6 months, consequently losing its legal-nonconforming status. Current regulations now apply to the property including the requirement for conditional use approval. Applicant/Agent: Lisa Collomb - Proiect name: Caf6 La Notre General description: Conditional use approval for Restaurant with Nightclub Property size: Total Site: 4.159 acre Parcel on North US-1 at Gateway Boulevard/181,166 square feet Local Retail Commercial (LRC) Land use: Current Zoning: Community Commercial C-3 Caf~ La Notte - COUS 02-002 Page 2 Memorandum No. PZ 02-061 Location: _- 2280 North Federal Highway (See Exhibit "A"-Location Map). Building ~area: 14.099 square foot existing; two-story building (See Exhibit "B" - Site Plan). Surrounding land useslzonmg: North - Texaco Gas Station zone~: C-3 and single-family homes within Las Palmas zoned R-I-AA; South - Vacant parcel (future Intracoastal Park) zoned REC; East - Intracoastal Waterway/Lake Worth; West - U.S.-1 and FEC railroad right'-of-way, and farther west a convenience store zoned C-2. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSI~ Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Follow~ng each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standarCs. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structu-res thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in Case of fire or catastrophe, Adequate access exists on site. The parcel has access from Federal Highway to the west and Las Palmas to the north. Off-street parking and loading areas where required, with particular attention to the items in subsection I above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. A restaurant/nightclub use is required to have one (1) parking space per two and one-half (2. 5) seats, but not less than one (1) space per one hundred (100) square feet of gross floor area. Using that methodology the proposed use requires a total of 232 spaces. This is based on the nightclub capacity of 580 seats (2~ floor only). The site has 244 off-street parking spaces. Therefore, parking requirements are met, based in part, on the assumption that use of both the restaurant and proposed nightclub would ha ve offsetting hours of peak operation. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. Caf~ La Nctte - COUS 02-002 Page 3 Memorandum No. PZ 02-061 Dumpsters are located on site and waste is removed by the City of Boynton Beach. conditions of apprSgat for recommendations relative to added screemng. See Utilities. with reference to locations, availability, and compatibility. The Utility Department nas indicated that utility services/capacity are available for this new tenant use. Screening, buffering and landscaping with reference to type, dimensions, and character. No new site improvements are proposed. A six (6) foot high wail and lO to 12 foot hedge extends along the north side of the property where the property abuts those single-family homes located west of the adjacent canal. This wall separates the adjacent homes from the parking lot and a portion of the existing structure. However, the hedge stops prior to the dumpster enclosure, and the wall stops midway along the building, at the easternmost terminus Of the finger canal from the Intracoastal Waterway. The remainder of the northern per/meter has limited landscaping, some apparently within planter boxes or pots, and is naturally limited by lack of adequate space to allow the continuation of the buffer wall along the entire length of the property (the code requires a CBS wall, painted to match the structure, where a commercial district abuts a residential district). This buffer wall would have limited affect as a sound buffer due to the close proximity to the adjacent residential properties, and due to the fact that the commercial building is two stories in height. Staff was unable to determine if a variance or relief against this segment of the wail was ever approve or determined unnecessary possibly due to separation by the canal. Although there also exists several mature canopy trees spotted along the perimeter wall, bUt not dense enough to form a continuous buffer or screen above the wall, the mature hedge is very tail and therefore likely blocks the majority of light, and some sound generated from the parking lot. With respect to the south property line, where the property abuts the planned city park; there exists a six (6) foot hedge along the first half of the parking lot, which increases to approximately lO feet for the remainder of the distance to the building. Signs. and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The parking lot contains lighting. No new lighting is proposed. The Engineering Division has requested a certification letter stating that the site meets the minimum lighting regulations (See Exhibit "C"- Conditions of Approval ). Error~ Not a No new signs have been submitted with this conditional use application. One freestanding pole sign is located at the Federal Highway entrance. Required setbacks and other open spaces. The proposed use does not affect setbacks or open space requirements. General compatibility with adjacent property and other property in the zoning district. The subject property has been used as a restaurant and lounge for over 20 years. Occupational License information indicates that since 1983, the property has been occupied by 17 restaurant businesses, some of which simultaneously operated nightclubs. The current code requires the conditional use application for the nightclub. Caf~ La Notte - COUS 02-002 Page 4 Memorandum No. PZ 02-061 The proposed use and the adjacent, waterfront single-family homes are not typically compatible uses, particularly Fn locations with lower density housing or outside the immediate downtown core. It should be noted that the property is currently under contract for purchase by a residential development company, and staff has met with two developers ;residential) in the past 2 months to discuss development scenarios and allowable densities on the site. Staff reviewed police records that document calls on the subject property, and determined that in 1992 there were 105 complaints on/calls to the subject property. This total included categories such as "disturbance" (including "disturbance-noise)", "suspicious incident", "burglary", "unwanted guest", "vandafism': "narcotics", "assault", and "trespassing". It should be noted that this list contains 22 calls for noise disturbances, and that this list is not all inclusive as it excludes other categories including "accidents", "civil", and "larceny". Calls from an earlier period, 1989, were also tabulated and revealed that a total of 39 calls to the subject property related to noise. It is also noteworthy that the majority of police calls occurred on Sundays, during the afternoon or early evening periods. Staff is unable to determine the total days the nightclub operated during the two-year periods for which police records were reviewed. The subject commercial property basically represents an isolated district or spot zone. unrelated to adjacent land uses (excluding those land uses on the opposite side of Federal Highway). Despite its current existence, ano that it was originally developed for a restaurant and nightclub, the proposed use, at minimum, should not generate nuisances within this residential neighborhood. o Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The existing two-story building meets the code requirements for the C-3 Commercial zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The restaurant use ~s operational Approval of this conditional use application will allow the addition of the nightclub operation. One lot immediately adjacent to the existing building remains vacant, however, the adjacent neighborhood is nearly built-out with upscale, waterfront, single- family homes, some of which are new or under construction. Due to the existence of the waterfront amenity, the negative characteristics generated from the nightclub or restaurant may be offset (staff did not review nor compare comparable residential property value records). Otherwise, given the current characteristics of new homes within the adjacent neighborhood, it is difficult to determine the potential local and city-wide economic zmpacts from the past operation of the nightclub. 11. Conformance to the standards and reauirements that apply to site plans, as set forth in City of Boynton Beach Land Development Regulations, Chapter 4 Site Plan Review. With incorporation of staff comments, the site will comply with most requirements of appficable sections of city code, 12. Compliance with. and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance Caf~ La Notte - COUS 02-002 ~age 5 Memorandum No. PZ 02-061 With incorporation ef the site/ighting, landscaping, and specific operational requirements as indicated herein, t~e use would likely operate in a manner that is in compliance with the above- referenced codes and ordinances of the City of Boynton Beach. Of course, strict enforcement and policing are necessary to minimize or eliminate associated nuisances. CONCLUSIONS/RECOMMENDATION Given that the structure was built for a waterfront restaurant and nightclub, its prior licensed use as a nd the oss b ty for compatibility if the aforementioned restrictions are followed, staff nightclub, a P .... L_...'.,~.., ,-;;~,~,-ct to the fOllowings te mprovements and operational recommends that th s request ue app/uwu ou~?, ,, restrictions which are also included ~vithin E~hibit C -Conditions of Approva: 1) The nightclub use shall be limited to only the 2°e floor of the existing structure; 2) Provide additional screen ng (vegetative or other) on the north side of the dumpster to reduce sounds and odors from carrYing northward; 3) Outdoor events which would include, music, intercoms, loud speakers, etc. shall I~e prohibited; 4) No music, other amplified sounds, or vibration the interior of the building, whether acent properties except for that from the restaurant, generated during the ~rs during operation (no exterior doors .sic or noise is generated from the shall be left open exce property); 5) No project lighting shall produce glare onto adjacent residential property; 6) No nightclub sba remain open after 2:00 a.m.; 's 7) Nightclub operation shall be l mited to Fridays and Saturdays (and Sunday until 2:00 a.m.); and 8) If/when regular attendance at the proposed nightclub meets or exceeds capacity, or when soecial events are anticipated to the Police Department shall be consulted with to determine optimal policing/securit~ for and avoid potential noise and other related problems. Recommendations from Police Department shall be adhered to. 9) The nightclub operator shall applying for an occupational license, a notarized that become conditions of approval. affidavit agreeing to the oper MR/Is Attachments \\CH\MAtN\SHRDATA\Planning\SHARED\WP\PROjI=CTS\Cafe La Notre\Staff Report-COUS 02-002.do¢ 800 Location Map Cafe La Notte 800 1600 2400 Feet Cafe, La Notre EXHIBIT "E EXHIBIT "C" Conditions of Approval ProJect name: Cat~ La N~tt~ File number: COUS 02-002 Reference: ?a revtew plans identified as Condittonal Use Site Plan with a March I9 2002 Planning & Zoning Department date sta markine. ' I iNCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic T Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEER./NG DIVISION Comments: 1 Provide Ioeation of site !ighting prior to CRA meeting. X 2. Provide photometrics to assure safety and demonstrate no "bleeding" of light X onto adjacent properties (north side). A certification letter showing that this site meets minimum regulation is adequate. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X ,,. FORESTERYENVIRONMENTALIST Comments: None X Conditions of Approval 2 DEPARTMENTS- 1 INCLUDE ]REJECT PLANN1NG AND ZONING '" 3. The nightclub use shall be limited to only the 2''a floor of the existing X structure. 4. Provide additional screening (vegetative or other) on the north side of X the dumpster to reduce sounds and odors from carrying northward. 5. Outdoor events which would include music, intercoms, loud X ispeakers, etc. shall be prohibited. 6. No music, other amplified sounds, or vibration generated from the X interior of the building, whether from the restaurant, lounge or nightclub shall be audible from adjacent properties except for that generated dunng the occasional opening or closing of doors during operation (no exterior doors shall be left open except during periods when no amplified music or noise is generated from the property). 7. No project lighting shall produce glare onto adjacent residential X Property. 8. No nightclub shall remain open after 2:00 a.m. X 9. Nightclub operation shall be limited to Fridays and Saturdays (and X Sunday's until 2:00 a.m.). 10. If/when regular attendance at the proposed nightclub meets or X exceeds capacity, or when special events are anticipated to attract same, the Police Department shall be consulted to determine optimal policing/security to prepare for and avoid potential noise and other related problems. Recommendations from Police Department shall be adhered to. l 1. The nightclub operator shall present when applying for an X occupational license, a notarized affidavit agreeing to the operational requirements that become conditions of approval. DEPARTMENTS ] FNCLUDE REJECT ADDITIONAL COMMU~_ !Ty REDEVELOPMENT AGENCY CONDITIONS .C o mine nts: 12. Site lighting details and photometric details shall be added to the plan X drawings to the satisfaction of staff prior to revie~v by the City Commission (see comment #2). 13. Amplified outdoor music and sound shall be limited to Fridays and X Saturdays. The acceptable magnitude and decibels of outdoor sound shall be established by staff taking into account types of anticipated events and possibility of compatibility with adjacent residences, and the close proximity to adjacent residences. 14. If/when regular attendance at the proposed nightclub meets or exceeds X capacity, or when special events are anticipated to attract same, the Police Department shall be consulted to determine optimal policing/security to prepare for and avoid potential noise and other related problems, and to ensure that special events meet parking requirements. Special events that would not meet parking requirements on site or off site as represented by a special parking plan for the event, shall not be permitted. Recommendations from Police Department shall be adhered to. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Pfanning\SHARED\WP\PROJECTS\Cafe La Notte\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Caf~ 'La Notre APPLICANT'S AGENT:-Lisa Collumb APPLICANT'S ADDRESS: 2280 North Federal Highway, Boynton Beach, FL 334 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2002 TYPE OF RELIEF SOUGHT: Request for Conditional Use Approval for a nightclub in a C-3 zoning district. LOCATION OF PROPERTY: 2280 North Federal Highway, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Ccmmission of the City of Boynton Beacl~, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR 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 Applics?;t in a manner consistent with the requirements of the City's Land Development Regulations. o The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: S:\p~ann~ng\SHARED\WFAPROJECTS~Cafe La Not~e\Oevet~l~.Or~er Form.2002-Rewsea.~oc City Clerk PHONEE NO. 725 lat~,id~tial Ap:ri! t 5, '~an,~ ',?~ W~om It Ma7 Concern: ?lea.~e ac. cep~ n,,y ]ett~ .'i~ mi c. ppo~£,,i~ vote to 'Ere ehangi~g ef Ca.f~ ia N'o~e (1,cared ~:o 2 a.m The outs{de m ~ic wou!.d be a diamrb~mce ro mysMf~d a lot of thc residents in E'~ n~i~Sborhood. The Palms, 630 Lakeside Harbor, Boynton Beach, Florida 33435 U.S.&. Tel/Fax: 561-740-3311 Cellular: 954-614-8334 E-maih BarclaysLTD@cs.com Barclay HoUSe, 27 Barn Close, Albourne, Sussex BN6 9DG U.K. Tel: 01273 835940 7/ Dear Sir or Madam: In reference to the zoning application submitted by Caf6 La Notte, I wish to register my complaint against this application. I was present at the meeting that took place on April 09,2002. I listened to the various complaints made by several of the local residents, as to which I agree. Unfortunately, it is my opinion that the committee was disinterested with our complaints. I reside just two blocks away from Caf6 La Notte, and every Sunday afternoon the noise from the reggae band (and various other talents) that Caf6 La Notte present, is just overwhelming. Not to mention very disturbing to our neighborhood. I ask you to please consider yourself in this situation, living in this respectable neighborhood. Would you tolerate such a late-night disturbance? Therefore, it is my sincere request that you deny Caf6 La Notte their request to extend their business hours. If you would like to discuss this matter further, with myself or other neighborhood residents, please feel free to contact me at any time. Respect~ Registered in'England Corporation Registration Numbec. 1494040 Rpr lB 02 05:39p Lori I_a Ver~iepe SGl-SBS-933B TOWN OF MANAL, APAN PALM ~I='ACH COUNTY EO0 ~;OUTH OCEAN ~OUL.I~ARD MANALAPAN, F'LO~IDA 33~62-3-'~g8 April 16, 2002 Mayor and City Commissioners City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-03 l0 RE: Request for Conditional Use Approval for Card La Notre, 2280 North Federal Highway Dear Mayor and City Commissioners: The Town of Manalapan recently became aware of a condition'al use requesl For C'dt'~ La Notre that the Boynton Beach City Commission will be considering this evening m a Public Hearing. Upon reviewing the ,agenda Item Request Form for this matter it appears that City staff has identified nine (9) operational restrictions. We are particularly interested in and support the prohibition of aH outdoor events which would include music, intercoms and loudspeakers, etc. We respectfully request that you follow the staff recommendmion and impose all nine (9) conditions of apprOval as set forth in the staff report. Our concern lies with the fact that the sound will likely carry over the water potentially disturbing Manalapan residents on both Point Manalapan and the barrier island. 'Are hope yoU find our suggestion reasonable and consider it during your deliberations. Thank you kindly. Sincerely, William E. Benjamin, II ~ Mayor ; C: Boynton Beach City Manager Manalapan Town Commission Manalapan Town Manager BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting, Summary of Matter to be Addres~pic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinE, he/she will need a record of the proceedinEs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service~ program~ or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the pro§ram or activity in order for the city to reasonably accommodate your request. AGENDA ITEMS Fill in the information called for below and give to the City Clerk~rior to the start of the City Commission Meeting. t~-~ Name ~-..~\~Tx~\ (2(D ~ / Address Telephone# ~~~0~ ~p Agenda#~ Summary of Matter to be A ic per card) _ ~~ _~_ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedin§s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk Commission Meeting. Name ~.~/9- ,Z~}/ Address ~ the start of the City Telephone # Summary of Matter to be Addr ~ssed - Agenda #.,, ~ ~/-~ topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0i05) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name '~ k~L'~ /// Address ': ~'~..,,,_ ~ ._m,~'~~-''~ L~ ~ ~. Summary of Matter to be Addressed-~{O~op~ per card) ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§, he/she will need a record of the proceedin§s and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission MeetinI. ~ Name ~~ ~'~,~) ..~..~ ~~~k,JO ~ ~ ~ Address 3'~~ CJ~/~ ~ ~~/~ ~~~ Telephone ~ ~~ ~0~ ff Agenda~ ~ ~~ Summary of Matter, to be tddr~~~ topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin§~ he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a services program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below, and give to the City C.~rk prior to the start of the City Commission Meeting. Name ~- 'f~ ~ ~'~ ~/~/ AddresS ~ }~o~ Telephone ~---- ~/J-- ~-g~~~ Agenda// Summ~y~Matte~O~be Addres~ - {One topic If a person decid eal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be Addr~sed~ Agenda topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City CommisSion Meetinll. Telephone ~ Agenda # ~ '~//' ~' Summary of Matter If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings ands for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a services program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD ~ ~l~~' AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~O ~/~ ~(~'~ ~ ~~/ 0 ~/ Address ~~ ~j ~, ~~ L~ ~~ Summary of Matter to be Addressed - {O per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~/0~'fl ~0t~// _~/ AddreSs ///L /~._~ ~'~--~ 'L /-~J~._ ~ Telephone # ~ ~Z ~- z/~/~j J -- illenda #~~ ~ ff Summary of Matter to be A~dressed - {~topic p~er ca~d, If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purposes he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a sera, ice, program~ or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name -~ ~ ~] ~f.~~ / D ~_~ d~ { i~) /.~ Telephone# ~-V~ -~- ~Z~~ Summary of Matter to be A ~ ~Ty If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City C~k prior to the start of the City Commission Meeting. jj Name ~1 ~) [~ ~ ',] ~ L It/b, '['"E ~' ~~ Address ~Of~ ~gL ~~' 6L~ ~ Telephone ~ ,~ ~, ~, ~0~ Summary of Matter to be Ad~~ ~01~) ~ ~0~qp 0~ ~'~ If a person decides to appeal any decision made by the City C~mmission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~~ ~ ? '~ ~n.~ //// Address ~(.o ~]~ l~ ~ ~- Telephone~ 9~~- ~~ ~_ ~ , Summary of Matter to be Ad~~ ~~~ ~0/ ~:~~~.>~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Cie/ri/prior to the start of the CitY Commission Meeting. _ Name ~ ~o/~ /-'- ~" ~"~ ~c~'~'~~-~ Address ~-~ ~ ~ Telephone ~ ~ / - Summary of Matter to be ldd~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Summary of Matter to be Addre~~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105~ The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~Zt~"~'~ ~/ff///~-~ ~ Telephone ~ ~.C~ff -- ~,7 ~ ~ ~ SummaryofM t~ t 'b ~ /~~e~~ a er o e Addressed ~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~- T_t~ .~ /~,,/~ ZJ~.~../~/ ~ id ress ¢/ Summary of Matt ~; 17;( ~'t~ ~o~~ ~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - pUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name ~-~4~ ('/I ~] /~'~ ~O r"~)~ / ,,,,dress (.,3z 7 Telephone Summary of ~atter to be Ad ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request.