Minutes 09-03-02MINUTES OF THE REGULAR CiTY COMMISSION MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA
ON TUESDAY, SEPTEMBER 3, 2002 AT 6:30 P.M.
Present
Ron Weiland, Vice Mayor
Mike Ferguson, Commissioner
Charlie Fisher, Commissioner
Mack McCray, Commissioner
Kurt Bressner, City Manager
Jim Cherof, City Attorney
Janet Prainito, City Clerk
Absent
Gerald Broening, Mayor
I. OPENINGS:
Call to Order
Invocation
Pledge of Allegiance to the Flag
Vice Mayor Weiland called the meeting to order at 6:35 p.m.
Reverend Martin Zlatic, St. Joseph's Episcopal Church, stated that his church was participating
in an initiative called "Hand in Hand", which encouraged the intergenerational involvement of
children in the church. In keeping with that initiative, Reverend Zlatic introduced his daughter,
Demery Zlatic, who had helped write the Invocation and shared in offering it.
Commissioner McCray led the Pledge of Allegiance to the Flag.
D. IF YOU WISH TO ADDRESS THE COMMISSION:
FTLL OUT THE APPROPRTATE REQUEST FORM
· GTVE ZT TO THE cTrY CLERK (ON THE DATS) BEFORE THE "OPENZNGS"
PORTZON OF THE AGENDA HAS BEEN COMPLETED
· COME TO THE PODZUM WHEN THE MAYOR CALLS YOUR NAME
I'NDZVI'DUALS MAY SPEAK FOR THREE UNTNTERRUPTED MZNUTES.
Vice Mayor Weiland asked to move Public Audience ahead of Agenda Approval and the
Commissioners agreed.
TT, PUBLI'C AUDTENCE (heard out or order)
Nicole Rothman, 1871 Woolbright Road, Boynton Beach, chiropractic physician, stated that
she was pleased and proud to be hosting and sponsoring an event called "KIDS DAY
AMERICA." This event has taken place in chiropractic offices throughout the country for the past
eight years but this would be the first year the event would be held in Boynton Beach. It was
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
planned for September 21, 2002 from 12:00 to 3:00 p.m. at Dr. Rothman's office at 1871
Woolbright Road. The day will be dedicated to the youth of the community and will focus on
health, safety, and environmental issues. Dr. Rothman requested that the City sign a
Proclamation in support of the event and read from a draft proclamation. Dr. Rothman invited
the community to come out, bring their children, and enjoy the many educational and
entertaining activities that were available.
Motion
Commissioner Fisher moved to approve a Proclamation for KIDS DAY AMERICA as presented
by Dr. Rothman. Commissioner McCray seconded the motion that carried 4-0.
Herb Suss, citizen of Boynton Beach, relayed a message from Rep. Anne Gannon who urged
everyone to come out and vote on September 10 in the Primary Elections. Mr. Suss asked why
the residents of Quail Run were not notified, as a courtesy, of the proposed changes regarding
the Woolbright Plaza project.
Robert Ensler, 26 Woods Lane, Boynton Beach, stated that he had heard that the applicant
had requested that the Woolbright Plaza agenda item be tabled.
Vice Mayor Weiland advised Mr. Ensler that he would not be able to speak on this topic since
the applicant had asked that it be tabled.
Henry York, 2424 No. Federal Highway, Boynton Beach, asked how much Intracoastal Park
had cost the City; whether the City planned to complete the playground improvements there and
if so at what cost; what the cost would be to park there and whether non-residents could get
permits; and why the City waited ten years before it decided to do something with Intracoastal
Park. In Mr. York's opinion, condos would be preferable to the park. He had also heard that
there was some problem with the Caf~ LaNotte property.
Vice Mayor Weiland advised Mr. York that staff would contact him with answers to his
questions.
The Public Audience was closed when no one else wished to speak.
I. E. Agenda Approval: (heard out of order)
Additions, Deletions, Corrections
Adoption
Motion
Commissioner Fisher moved to approve the agenda as presented. Commissioner McCray
seconded the motion that carried 4-0.
III. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Fisher remarked that in spite of a torrential downpour in the City on the day of
the meeting, he had not observed any areas with flooding. He commended City staff and asked
them to continue their efforts to prevent flooding.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
Appointment
To Be Made
ADMTN:[STRATI'VE:
Appointments to be made:
Length of Term
Board Expiration Date
IV Fisher Children & Youth Advisory Bd Stu/Reg/Voting I yr term
Mayor Broening Children & Youth Advisory Bd Stu/Reg/Voting ! yr term
T Weiland Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term
Mayor Broening Bldg, Bd of Adj & Appeals Alt ! yr term
T Weiland Community Relations Board Alt I yr term
TV Fisher Education Advisory Board Stu 1 yr term
Mayor Broening Education Advisory Board Stu 1 yr term
TTT Ferguson Nuisance Abatement Board Alt ! yr term
TTT Ferguson Senior Advisory Board Alt 1 yr term
TT McCray Senior Advisory Board Alt I yr term
to 4/03
to 4/03
to 4/03
to 4/03 TaUed (3)
to 4/o3
to 4/03
to 4/03
to 4/03
to 4/03
to 4/03 Tabled (3)
Board.
Commissioner McCray appointed Barbara McGee as an Alternate to the Senior Advisory
All other appointments were tabled.
Motion
Commissioner Fisher moved to approve the appointment of Ms. McGee. Commissioner Ferguson
seconded the motion that carried 4-0,
V, ANNOUNCEMENTS & PRESENTAI'ZON$:
A. Announcements: None
B. Presentations:
1. Proclamations:
a. "National Alcohol and Drug Addiction Recovery Month"
September 2002
Vice Mayor Weiland read the proclamation for National Alcohol and Drug Addiction Recovery
Month.
b. "A Day of Remembrance - September 11, 2002"
Vice Mayor Weiland read the proclamation for A Day of Remembrance - September 11, 2002.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
VI.
PUBLIC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERM~'S
A. Project:
Agent:
Owner:
Location:
Description:
Proposed Use:
The Harbors (LUAR 02-005)
2002)
Jennifer Morton, Land Design South
Schgai, Inc.
2300 North Federal Highway
Request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to Special
High Density Residential (SHDR); and Request to rezone
from (C-3) Community Commercial to (IPUD) lnfill Planned
Unit Development
Development of 54 fee-simple townhouses
Motion
Commissioner Ferguson moved to table The Harbours LUAR 02-005.
seconded the motion that carried 4-0.
Commissioner Fisher
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.
A. Minutes:
Agenda Preview Conference of August 19, 2002
Regular City Commission Meeting of August 20, 2002
Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2001-2002 Adopted Budget
Award the bid for "THE CONSTRUCTION OF INTRACOASTAL PARK," Bid
#048-2413-02/~D, to MCTEAGUE CONSTRUCT/ON COMPANY, INC. of
Stuart, Florida, in the amount of $1,943,440 (Proposed Resolution No.
R02-136) (TABLED ON AUGUST 20, 2002)
Commissioner Fisher pul/ed Consent Agenda item B. 1 for discussion.
C. Resolutions:
Proposed Resolution No. RO2-150 Re: Executing
Change Orders No. 3 and No. 4, in the amounts of $10,049.49 and
$12,055.59, to the Tndustrial Avenue Corridor/Lake Boynton Estates
Tnfrastructure Improvement Project with Mora Engineering Contractors,
Inc. (MEC)
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
Proposed Resolution No. R02-151 Re: Approving an
Agreement for Water Service Outside of the City Limits and Covenant for
Annexation for the property owned by Sea Horse Bath & Tennis Club,
Tnc., located at 4001 N. Ocean Boulevard in Unincorporated Palm Beach
County
Proposed Resolution No. RO2-:L52 Re: Increasing
permit fees at the Tennis Center for fiscal year 2002/03, and creating a
trust account into which the additional revenue can be diverted and used
for capital improvement projects at the facility
Commissioner McCray pul/ed Consent Agenda item C.3 for discuss/on.
Proposed Resolution No. R02-153 Re: Executing
Task Order No. 15 in the amount of $209,421 with CH2M Hill for Phase I
(30% design), Technical services for the Neighborhood 7/8/9 Area Utility
Infrastructure Improvements
Proposed Resolution No. R02-154 Re: Approving
contract with Hope Health and Wellness, :Inc. as the new provider of pre-
employment physicals for all employees and required annual physicals for
police officers and firefighters
D. Ratification of Planning & Development Board Action:
Woolbright Plaza (ZNCV O2-OO9), SW Corner of Woolbright Road and
Congress Avenue - Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 4.L to allow a
landscape buffer along the north, approximately 277 feet of the western
property line, in lieu of the required six foot high masonry buffer wall
required by code, where a commercial and/or industrial district abuts a
residential district
Commissioner Fisher pul/ed Consent Agenda item D. 1 for discussion.
Quantum Park and Village South (SBMP O2-OO1) (PID Master
Site Plan), South of Gateway, West of High Ridge Road (Lots 62-67B
and Lot 100) - Request for Master Site Plan Approval for 132,032 square
feet of retail/office use and 234 rental apartments on 25.9 acres in the
Quantum Park DRI
Villas at Quantum Lake, Quantum Lakes Drive (Lot 101) - Request for
a waiver for a technical site plan in a mixed use pod within a Planned
Industrial Development (PID) to allow a drive aisle width of 24 feet in lieu
of the required minimum of 27 feet for the back-up dimension for 90
degree parking spaces
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
E. Ratification of CRA Action:
None
Motion
Commissioner Ferguson moved to approve the Consent Agenda, as amended.
Fisher seconded the motion that carried 4-0.
Commissioner
B. 1. Award the bid for "THE CONSTRUCUON OF INTRACOASTAL PAR/C," Bid #048-2413-
02/CSD, to MCTEAGUE CONSTRUCUON COMPANY, INC. of Stuart, F/or/da, in the amount of
$1,943,440 (Proposed Re$olotJoo No. R02-136) (TABLED ON AUGUST20, 2002)
City Manager Bressner advised that the City was still investigating the matter, in light of the
indications contained in the last sentence of the Notice to Contractors. Commissioner Fisher
asked how long the investigation would take. City Manager Bressner stated that it would be
complete by the next City Commission meeting.
Motion
Commissioner Fisher moved to table Consent Agenda Ttem B.! until the next City Commission
meeting. Commissioner McCray seconded the motion that carried 4-0.
C.3. Proposal Resolution No. R02-152 Re: Increasing permit fees at the Tennis Center
for fisca/ year 2002/03, and creating a trust account into which the add/t/ona/ revenue can be
diverted and used for capita/improvement projects at the fac///ty
Commissioner McCray asked that staff make a brief presentation about this item.
Wally Majors, Recreation Director, reported that the Tennis Center had been very popular,
having an average of between 350 and 400 permit holders each year. The fence and light
poles need work and to accomplish it, they proposed increasing the permit fees and using the
increased revenue for a trust account that would be used to address some of the maintenance
concerns. Their goal was to make the Tennis Center into a self-supporting entity and remove it
from the General Fund. Resident single-player permit fees would be raised from $165 a year to
$200 a year; family resident fees from $250 to $300 a year; single non-resident fees from $300
to $360 a year; and family non-resident fees from $410 to $500 a year.
Commissioner Fisher asked how those rates compared to the Delray Beach Tennis Center. Mr.
Majors stated that Boynton Beach's rates were far below the rates in Delray Beach, for
comparable services. For example, the Delray Beach single resident permit fee is $280.
MQtion
Commissioner Fisher moved to approve Consent Agenda item C.3.
seconded the motion.
Commissioner Ferguson
Commissioner Ferguson noted that the differential between residents and non-residents was
67% on the family rate and 80% on the resident rate. ~[f legal, he wanted to see the same kind
of differential on the rates being charged for the use of water outside the City limits. City
Manager Bressner stated that this would not be possible due to a statutory limit of 25%.
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
The motion carried 4-0.
D.], Woolbrigttt Plaza (ZNCV 02-009), SW Corner of Woo/bright Road and Congress
Avenue - Request for relief from the City of Bo?nton Beach Land Development Regulations,
Chapter 2, Zoning, Sect/on 4.L to allow a landscape buffer along the north, approximate/)/277
feet of the western property//ne, in lieu of the required six foot high masonry buffer wa//
required by code, where a commercial and/or industrial d/strict abuts a resident/a/d/strict
Commissioner Fisher understood that the applicant had asked to have the item tabled. Vice
Mayor Weiland confirmed that the applicant wished to table the item until the September 17,
2002 meeting.
Commissioner Fisher asked to hear from the people who had submitted cards on this topic.
Bob Ensler, 26 Woods Lane, Boynton Beach, stated that the applicant's variance for a
hedge instead of a wall had been denied in a 6-1 vote at the Planning & Development Board
meeting. The Quail Run residents were very concerned about the issues of reflection, sound,
and light emanating from the proposed project. They thought that these effects would be
amplified as they were transmitted across the lake into their neighborhood. They did not believe
that a hedge would provide a sufficient barrier. He realized that the applicant had asked for the
item to be tabled so they could come up with alternatives. He felt that those alternatives should
come back to the Planning & Development Board for review and recommendation to the
Commission. He asked that the Planning & Development Board be allowed to perform its
chartered task.
Michael Rumpf, Planning & Zoning Director, said that staff had not received any alternatives
from the applicant yet. He offered to return it to the Planning & Development Board if time
permitted.
Commissioner Fisher asked if changes made by the applicant would start the approval process
over again. Mr. Rumpf replied that there was already a Condition of Approval regarding
landscaping and a pretty dense buffer. If the alternatives were to tie in with that, then there
would not be any change between what the Planning & Development Board would review and
what the Commission would review. Commissioner Fisher asked if the Commission were being
asked to approve unknown alternatives. Mr. Ensler responded that they would be asked to
respond to the applicant's alternatives at their next meeting, but without the advice and
recommendation of the Planning & Development Board. Mr. Ensler thought it should be tabled
to the next Planning & Development Board meeting.
MotiQn
Commissioner Fisher moved to table Woolbright Plaza until the next Commission meeting.
Commissioner Ferguson seconded the motion. The motion failed in a tie, Commissioner McCray
and Vice Mayor Weiland dissenting.
City Manager Bressner stated that staff had to have an opportunity to evaluate whether or not
the application should be remanded back to the Planning & Development Board (P & D), based
on the facts presented by the petitioner. Also, if the issue were to be remanded back to the
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
P & D Board, new notices would have to be published and this would delay the matter until
about the end of October. It could not just be done at the next P & D Board meeting.
Vice Mayor Weiland stated that the Commission was unaware of the applicant's alternatives.
The P & D Board analyzed the application. Some new information will be given to the City in the
next two to four weeks. He suggested that a motion be made to table the application until the P
& D Board could look at it and give the Commission its recommendations at its first meeting in
October.
Commissioner Fisher raised a point of order, which was that the question before the
Commission had nothing to do with any changes.
Motion
Commissioner Fisher moved to table the Woolbright Plaza Consent Agenda Item D.1 until the
next Commission meeting. Commissioner Ferguson seconded the motion.
City Manager Bressner suggested a modification to the motion: to table the matter, refer it back
to staff and have staff provide the Commission with a report on the changes, if any, and
whether or not staff recommended sending the matter back to the P & D Board. If staff's
decision were to send the matter back to the P & D Board, a new notice would have to be
published. He stated that Mr. Suss would get notification regarding a matter coming before the
P & D Board if the staff recommended to the City Commission at the next meeting that this
matter should be remanded back to the P & D Board. It was tabling, but was giving staff an
opportunity to digest whatever information was necessary. If the applicant does not come back
with any additional information relative to their request, the issue would be back on the table
for consideration the way P & D reviewed it without any changes.
Motion
Commissioner McCray moved to send the matter back to staff and have staff provide a report to
the Commission on the status of the application at the Commission's next meeting, including
staff's recommendation on the matter of referring the case back to the P & D Board. Tf staff
recommends referring the matter back to the P & D Board, the appropriate legal notices will be
issued, including notifications to the residents, l~f the applicant does not present alternatives,
the issue will be put back on the City Commission agenda for consideration based on the
original recommendation of the P & D Board.
Commissioner Fisher asked for and received confirmation that this motion contained the intent
of City Manager Bressner's remarks. Commissioner Fisher seconded the motion that carried 4-0.
A discussion took place about whether or not the item was tabled because several residents
wished to speak. City Attorney Cherof stated that he read the motion as a motion to table and
that there was no longer an issue before the Commission to entertain public discussion.
Vice Mayor Weiland invited the remaining speakers to come to the Commission meeting on
September 17 and apologized for the inconvenience.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
VIII. CITY MANAGER'S REPORT:
Brief presentation on the Palm Beach County Ordinance, which prohibits
landscape irrigation between the hours of 9:00 a.m. and 5:00 p.m. in an effort to
promote water conservation
Dale Sugerman, Assistant City Manager, stated that the City continued to do what it could
towards water conservation. Their Water Resources Leadership team made a recommendation
for additional conservation efforts and he wanted to inform the Commission of their
recommendation. Presently, in the unincorporated areas of Palm Beach County, the watering of
landscaping is restricted during the day from 9:00 a.m. to 5:00 p.m. Watering after 5 p.m. and
before 9:00 a.m. is allowed. The exceptions are that during the day you may hand water, use
reclaimed water, repair or maintain your irrigation system, and water newly planted foliage or
landscaping during the first forty-five days after installation. Other exceptions include any Court
Orders for daytime irrigation and agricultural irrigation with a water use permit. Countywide
Ordinance violations carry a daily fine of up to $500.00. Mr. Sugerman asked the
Commissioners to consider whether they would support similar legislation in Boynton Beach.
Vice Mayor Weiland expressed his support for the proposed legislation. He was concerned
about the process for appeal for violators. For example, he asked what would happen if a
homeowner were to be out of town for several months and a lightning strike affected the clock
on their sprinkler system. Mr. Sugerman stated that the Code Compliance and Police
Departments would enforce such legislation and would only enforce this if they were driving by
and saw somebody who was breaking the law by irrigating during restricted hours. For the most
part, he thought the Code Compliance and Police Officers used discretion. Normally, the first
step would be to educate the homeowner, l~n the example Vice Mayor Weiland mentioned, Mr.
Sugerman stated that the City would probably offer counsel to the homeowner. The City really
wanted to pursue habitual and chronic violators. Vice Mayor Weiland favored wide publication
of the information, placing it on water bills, television, and on the City's website.
Commissioner McCray was in favor of it with the comment that the City had to abide by it as
well. Mr. Sugerman stated that he had discussed the matter with the City Manager, who had
expressed the City's commitment to abide by any such legislation.
Tt was the consensus of the Commission to direct staff to proceed to prepare water
conservation legislation for their consideration and approval.
[X. FUTURE AGENDA TI'EMS:
A. Public Hearing to adopt Annual Fire Assessment Resolution (September 12, 2002)
:Implementation Proposal Phase I! Heart of Boynton - Master Plan (September 17,
2002)
C. Library Long Range Plan 2003-2005 (September 17, 2002)
D. Resolution Adopting a Final Millage Rate (September :~7, 2002)
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
Final Budget Public Hearing and Proposed Ordinance Adopting a Final Budget
(September 17, 2002)
Resolution appointing Supervisor of Elections to handle and canvas absentee
ballots and to represent the Municipal Canvassing Board at all L&A Testing
(September 17, 2002)
Review of Professional Services Contract between City of Boynton Beach and
Smith, Ballard & Logan, P.A. (October 1, 2002)
FRA Whistle Ban - Report (January 2003) - Delayed due to Federal Railway
Administration Delay in Rulemaking
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 (TBA)
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 0:~/:~5/02 (Status
Report on September 17, 2002)
X. DEVELOPMENT PLANS:
None
XI. NEW BUSINESS:
A. Approve by Motion Proposed Community Investment Funds
City Manager Bressner requested a motion from the Commissioners to authorize the
expenditure of Community Investment Funds for the following activities:
Vice Mayor Weiland
$5,000 Boynton Beach Little League
$2,500 YMCA - Planting Seeds for the Future Campaign
$3,000 Garden Project- Bruce Black
Commissioner
$3,000
SSOO
$1,00o
McCray
MADDADS
Boynton Beach Little League
Garden Project, - Bruce Black
Commissioner
$3,000
Sz,ooo
SZ,OO0
$2,0oo
Fisher
Holiday Tree
Boynton Beach Little League
Senior Center Programs
City school supply drive for elementary schools
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
$500
$1,8oo
MADDADS
Advisory Board on Children & Youth, Expo in the Mall
Commissioner Ferguson
$1,000 Woman's Club
$1,000 Library Expansion
$500 MADDADS
Motion
Commissioner Fisher moved to approve the expenditure of Community Investment Funds as
listed. Commissioner Ferguson seconded the motion that carried 4-0.
XTT. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
Proposed Ordinance No. 02-047 Re: Adopting the Boynton
Beach Administrative Amendments to the 2001 Florida Building Code
City Attorney Cherof read proposed Ordinance No. 02-047 by title only.
Motign
Commissioner Fisher moved to approve proposed Ordinance No. 02-047. Commissioner McCray
seconded the motion. City Clerk Prainito called the roll and the motion passed 4-0.
Proposed Ordinance No. 02-048 Re: Amending Chapter
16, Section 16-61 of the Code of Ordinances to clarify regulations
regarding boat launching and trailer parking user fee at Boat Club Park
City Attorney Cherof read proposed Ordinance No. 02-048 by title only.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 02-048. Commissioner McCray
seconded the motion. City Clerk Prainito called the roll and the motion passed 4-0.
B. Ordinances - 1st Reading
1. Intentionally left blank
2. Intentionally left blank
Proposed Ordinance No. 02-050 Re: Rezoning a 10.37-
acre parcel from PUD (Planned Unit Development) district to PU (Public
Usage) (Bethesda Hospital)
City Attorney Cherof read proposed Ordinance No. 02-050 by title only.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
Motion
Commissioner Ferguson moved to approve proposed Ordinance 02-050.
seconded the motion that carried 4-0.
Commissioner McCray
Proposed Ordinance No. 02-051 Re: Rezoning the 6.93-
acre Marina property from Central Business District (CBD) to Mixed Use-
High Intensity (MU-H) to allow for the planned Mixed-Use Marina Project
City Attorney Cherof read proposed Ordinance No. 02-051 by title only.
Motion
Commissioner McCray moved to approve proposed Ordinance No. 02-051.
Ferguson seconded the motion that carried 4-0.
Commissioner
C. Resolutions:
None
D. Other:
Approve or modify the Code Compliance Board's "Lien Modification Order"
of .luly 25, 2002 regarding 518 N.W. 2n~ Street
City Attorney Cherof explained that this was a request for approval or modification of the Code
Compliance Board's "Lien Modification Order" dated July 25, 2002 regarding property at 518
N.W. 2nd Street.
Scott Blasie, Code Compliance Administrator, stated that Commissioner Ferguson had asked for
Commission review of this case. This case had three issues that pertained to the reduction of
the fine. One of the issues was the violator's contention that he had a conversation with one of
the Code Compliance officers in the field. The violator understood from that conversation that
there was not any need for him to attend the hearing, although he was handed and signed a
notice that stated he was to attend. Also, the violator had a mailing address that was in Delray
Beach as he was going through a divorce and moving back to this address in Boynton Beach,
and did not receive notices from the City. The last issue was the actual compliance date. Their
records indicate about 40 days of non-compliance. When a lien has been filed, they do not go
back repeatedly to see if the work has been done. The Order states that when compliance is
achieved, they are to contact the Code Compliance office and arrange for an inspection to verify
compliance. The original fine accumulated to almost $29K. The Code Compliance Board
reduced the fine to $2,326.00. The applicant would like to speak to the Commission about this
case and ask them to consider a further reduction in the fine.
Commissioner Ferguson asked to hear from the homeowner.
Perry Patterson, 518 N.W. 2nd Street, Boynton Beach, responded to questions from the
Commission.
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
Commissioner Fisher was concerned about such things as loose trash debris and wondered why
it had not been taken care of when the notice of violation was initiated.
Mr. Patterson stated that the violation for loose trash and debris had been taken care of almost
immediately. The only violation that remained for any length of time was the grass, which he
had difficulty maintaining. Commissioner Fisher asked Mr. Patterson how the loose trash and
debris had been remedied. Mr. Patterson stated that the original violation for loose trash and
debris was because the people on his street put their garbage out in front of their houses. He
built a brick enclosure in front of his house to improve the area and the neighbors began to use
it as well. This worked well for quite some time until someone from another street decided to
dump a large amount of garbage in his bin, causing him to close off the brick area and fill it in
with sand.
Commissioner McCray asked Mr. Patterson if the letters he received had been sent Certified
Nail, Return Receipt Requested. Mr. Patterson stated that the only notice he had seen was the
one that had come to him through a personal visit by Inspector Willie Webb. The other notices
had gone to the address in Delray Beach of his ex-wife and he did not receive them.
Commissioner Ferguson thought the situation represented a Catch 22 type of situation. The
notices were mailed to the wrong addresses and the individual did not find out about a lien until
he went to upgrade his property.
Motion
Commissioner Ferguson moved to reduce the fine of $2,326 as it came from the Code
Compliance Board, to $233.00. Commissioner McCray seconded the motion.
Commissioner Fisher was concerned that this fine did not cover the City's administration costs
of $826.00.
The motion carried 3-1, Comm/$$/oner F/sher d/$sent/ng.
Request for closed-door session regarding Boynton Beach Apartments
Associates, Ltd. vs. City of Boynton Beach, Case No. CA 02-6174 AD
City Attorney Cherof explained that litigation was pending with the Boynton Beach Apartments
Associates, Ltd. regarding interim service fees. Mr. Cherof asked for a meeting with the
Commission behind closed doors to discuss the strategy of litigating this case and some
opportunities for settlement. It was determined that this meeting would be held in the
Commission Chambers at 6:00 p.m. on October 1, preceding the regular City Commission
meeting.
XIII. UNFINISHED BUSINESS:
None
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
XZV. AD3OURNMENT:
Since there was no further business before the Commission, the meeting was duly adjourned at
7:45 p.m.
Vice Mayor Weiland thanked everyone for the patience they had shown as he presided at the
meeting in place of Mayor Broening.
C~I'Y OF BOYNTON BEACH
Mayor
Vice Mayor
AI-I'EST:
Commissioner
City Clerk
Recording Secretary
(1 tape)
Commissioner
Commissioner
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Meeting Minutes
Regular City Commission
Boynton Beach, Florida
September 3, 2002
Xt'V. AD.1OURNMENT:
Since there was no further business before the Commission, the meeting was duly adjourned at
7:45 p.m.
Vice Mayor Weiland thanked everyone for the patience they had shown as he presided at the
meeting in place of Mayor Broening.
C~-fY OF BOYNTON BEACH
ffiayor ! ~
Vice Mayor
A~E~:
Recording Secretary
(1 tape)
Commissioner
Commissioner
(090402)
14
of
By His Excellency JOHN G. ROWLAND, Oover~n~ ~fl
Official Statement
WHEREAS, the health and well-being of children is the
responsibility of all adults; and
WHEREAS, the safety of our children is a significant
concern for parents, community leaders and health care
given; and
WHEREAS, environmental welfare is of universal concem
and deserves the utmost attention; and
WHEREAS, if started in childhood, proper health, safety and
environmental habits can be maintained for a lifetime,
helping young people to become valued and productive
members of society; now
THEREFORE, I, John G. Rowland, Governor of the State of
Connecticut, do hereby officially designate May 9, 1998 as
KIDS DAY AMERICA in the State of Connecticut. I urge
our citizens to join me in commending the efforts of dOctors
and all professionals helping to educate others on the
importance of health, safety and environmental issues
affecting our community.
c overnor
BY THE GOVERNOR OF THE STATE OF GEORGIA
A PROCLAMATION
KIDS DAY AMERICA
WHEREAS:
WHEREAS:
WHEREAS:
WHEREAS:
THEREFORE:
Doctors' offices around the nation will host Kids Day
America that promotes health, safety and environmental
awareness among children and their parents; and
Kids Day America is an annual event held across the United
States where children have fun and receive valuable
information, and parents learn about health awareness, fire
safety, bicycle safety, recycling, drug awareness and other
important topics to keep children safe; and
With the help and support of local police departments,
county sheriff's offices, dentists and photographers, child
safety identification will be issued for each participating
child; and
If begun in childhood, proper health, safety and
environmental habits can be maintained for a lifetime,
producing conscientious citizens who enhance our
communities; now
I, ROY E. BARNES, Governor of the State of Georgia, do
hereby proclaim I~ay ZO, Z000, as KIDS DAY AI~IERICA in
Georgia in support of our children.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the Seal of the Executive Department to be affixed
this 12th day of April in the year of our Lord two thousand.
GOVERNOR
CHIEF OF STAFF
--'-~AY, 19, 2000 8'41A.M
CONGRESSMAN BOB BARR
CONGRESS OF THE UNITED STATES
1207 LONGWORTH HOUSE BUILDIN¢~
WASHINGTON, D.C-
NO, ;696 P. ~
Extension of Remar~ by U.S. Congressman Bob Bart (GA-?)
"Kids Day America/International"
May 11,2000
On Saturday May 20, 2000, thc Wilbert Family Chirol~ctic office will be the official Chiropractic
office representing the 6th annual "Kkls Day America/International:: c~ent in Amtell, Georgia. This
event will focus on health, saf~ ami environrn~tM issacs which affect children, their f~amilics and
thc communities in which they hve. This will be done with the help and support of thc Austel~ Police
Department, whose D.A.R.E. program will directly ben, fit from the event. The Austell Police
Department will be on hand to finge~int ID children, and thc Wilbc~t Family Chiropractic will'
donate photos of the children. This int'ormation will be used to produce ID cards £or thc children.
"McGmi~' thc Crime Dog will make an a~eamnce ;md be joim~l by Leo the Lion of the D,A.R.E.
pro,ram. Thc Austell Fire Department will be participating also, with thuk Fire Safety l-Iousc, which
helps teach children and their parems about fir= sat'~7.
I want to congrat.~at~ arid commend Dr. Marci WJlben and the Wilbert Family Chiropractic for
sponsoring "Fids Day America/International." This program is a positive,, grass-roots, community
based effort which will help to strengthen our community, and have a positiw impact on children and
thcir families.
INTx[ NAME AND BYTHE AUTHORITYOFTHI~ STATE OF IOWA ::: -
PROCLAMATION
wHEREAS,
WHEREAS,
WHEKEAS,
WHEREAS,
THE H~ALTH AND WELL-BEING OF CHILDREN IS OUR
RESPONSIBILITY; AND
THE SAFETY OF OUR CHILDREN IS A SIGNIFICANT CONCERN FOR
p.~P, ENTS, COMMUNITY LEADERS AND HEALTHCARE GIVERS; AND
ENVIRONMENTAL WELFARE IS OF UNIVERSAL CONCERN AND
DESERVES THE UTMOST ATTENTION; AND
IF STARTED IN CHILDHOOD, pROpER HEALTH SAFETY AND
ENVIRihNMENTAL HABITS CAN BE MAINTAINED FORA LIFETIME.
PRODUC~G A VALUED MEMBER OF SOCIETY. AND ENHANCING
OUR COMMUNITY:
NOW, TIIEKEFORE, I, TEP'KY E. BKANSTAD, GOVERNOR OF THE STATE OF IOWA.
DO HEREBy' PROCLAIM APRIL 26, 1997 AS:
KIDS DAY AMERICA / INTERNATIONAL
IN IOWA A,~FD URGE THAT THIS DAY BE DEDICATED TO THE EFFORTS OF
DOCTORS OF CHIROPRACTIC IN HELPING EDUCATE ALL CITIZENS ON THE
LX[PORTANCE OF HEALTH, SAFETY AND ENVIRONM~ENTAL ISSUES AFFECTING
OL'R CON~'IUNITY.
IN TESTIMONY WHEREOF, I HAVE HER.E-
UNTO SUBSCRIBED MY NAME ANq) CAUSED
THE GREAT SEAL OF THE STATE OF IOWA
TO BE AFFIXED. DONE AT DES MOINES THIS
13TH DAY OF MAKCH IN THE YEAR. OF OUR
'LORD ONE THOUSAND NINE HUNDRED
NINETY-SEVEN. ·
GOVERNO~,~:~_~
The prospects of an exciting future lie ahead for America and a new generation of New Yorkers.
Because the health and well-being of children is our responsibility, their safety is a significant concern
for parents, community leaders and health care givers.
Environmental welfare is of universal concern and deserves the utmost attention. If started in childhood,
proper ~ealth, safety and environmental habits can be maintained for a lifetime, producing a valued member
of society and a responsible member of the community.
It is crucial that we ensure our children's healthy growth and development which will help them reach
their full potential to become the productive and resPOnsible citizens of the future.
NOW, THEREFORE, I, George E. Pataki, Governor of the State of New York, do hereby recognize
April 26, 1997 as
KIDS DAY AMERICA/INTERNATIONAL
in the Empire State.
GOVERNOR
WHEREAS
Office of the Mayor
CI YORK
THE THIRD ANNUAL KIDS DAY AMERICA/INTERNATIONAL IS BEING CELEBRATE]) IN OUR CITY AND
THROUGHOUT THE NATION ON THE WEEKEND OF APRIL TWENTY,SIXI'H~ AND
WHEREAS:
THE EVENT IS SPONSORED BY CHIROPRACTIC OFFICES TO BUILD HEALTH, SAFETY fiND
ENVIRONMENTAL AWARENESS IN CHILDREN. INDIVIBUAL OFFICES HOLD EVENTS FOR CHILDREN
AND PARENTS AND INVITE COMMUNITY LEADERS AND LOCAL BUSINESSES TO PARTICIPATE.
IMPORTANT INFORMATION IS PROVIDED ON CRIME PREVENTION. CHILD SAFETY, AND
ENVIRONMENTAL AWARENESS. PARTICIPATING POLICE AND FIRE DEPARTMENTS PRESENT SAFETY.
FIRE SAFETY, AND DRUG PREVENTION INFORMATION. BOYS AND GIRLS RECEIVE CHILI) PHOTO ID
CARDS AND LEARN ABOUT HEALTHY EATING HABITS AND THE IMPORTANCE OF F_XERCISE~ AND
WHEREAS:
CHIROPRACTORS GIVE FREE SPINAL EXAMS AND INFORMATION TO CHILDREN. PARENTS AND
CHILDREN ENJOY THE FESTIVE DAY AND RECEIVE INFORMATION THAT HELPS BUILD A HEALTHY
FUTURE FOR THEM AND FOR THE COMMUNITY. PROCEEDS BENEFIT LOC.AL AND NATIONAL CHARITIES,
NOW THEREFORE, I, RUDOLPH W. GIULIANI, MAYOR OF THE CITY OF NEW YORK, IN RECOGNITION OF THIS IMPORTANT
OBSERVANCE, BO HEREBY PROCLAIM THE WEEKEND OF APRIL 26 AND 27, 1997 IN THE CITY OF
NEW YORK AS
"KIDS DAY AMERICA/INTERNATIONAL WEEKEND~
IN WITNESS WHEREOF I HAVE HEREUNTO
SET MY HAND AND CAUSED THE SEAL OF
THE CITY OF NEW.YORK TO BE AFFIXED.
RUDOLPH W. GIULIANI
MAYOR
STATE' DF ALABAMA
PROCLAMATION
THE SOVERNOR
WHEREAS, the health and well-being of children is our responsibility; and
WHEREAS, the safety of our children is a significant concern for parents,
community leaders and health care providers; and
WHEREAS, environmental welfare is our universal concern and deserves our
utmost attention; and
WHEREAS, if started in childhood, proper health, safety and environmental habits
can be maintained for a lifetime, producing a valued and contributing member of society,
and enhancing our community:
...... - ~...:~'~:¥.
:'.~ ....'< L. ~.~.5~'''
NOW', THEREFORE, I, Fob James, Jr., Govt.'nor of the State of Alabama, do
hereby proclaim May 9, 1998, as
in Alabama.
'GIVEN UNDER MY HAND, and
the Great Seal of the Governor's
Office at the State Capitol in the
City of Montgomery on this 9th
of
· ·
WHEREAS, the health and well-being of our children is essential to the quality of
life of the citizens of the Palmetto State; and
WHEREAS,
educating our young people in proper health, safety, and environmental
habits gives them the foundation necessary to become productive
citizens and future leaders; and
WHEREAS,
the 2000 observance of "Kids Day America/International" provides a
.unique opportunity for the citizens of the Palmetto State to join together
to raise awareness of health, safety, and environmental issues.
NOW, THEREFORE, I, Jim Hedges, Governor of the Great State of South Carolina,
do hereby proclaim May 20, 2000, as
KIDS DAY SOUTH CAROLINA
throughout the state and encourage all South Carolinians to work together to help our
children learn, achieve, grow, and prosper in a healthy and safe environment.
State of South
Jim Hodges
Governor
Carolina
THE CORPORATION OF THE DISTRICT OF SAANICH
770 Vernon Avenue, Victoria, British Columbia V8X 2W7 ·
Phone (250) 475-1775 Fax (250) 475-5400
PROCLAMATION
KIDS DA Y INTERNATIONAL - MA Y 9, ~ 998
WHEREAS: The Health and well-being of children is our responsibility; and
WHEREAS: The safety of our children is a significant concern for parents,
community leaders and health care givers; and
WHEREAS: Environmental welfare is of universal concern and deserves the
utmost attention; and
WHEREAS:
If started in childhood, proper Health, Safety and Environmental habits.
can be maintained for a lifetime, producing a valued member of
society, and enhancing our community.
NOW THEREFORE, I, Frank Leonard, Mayor of the Corporation of the
Dist#ct of Saanich, do hereby proclaim May 9, 1998, as KIDS DA Y
INTERNATIONAL in Saanich, and urge that this day be dedicated to
the efforts of Doctors of Chiropractic in helping educate all citizens on
the importance of Health, Safety and Environmental issues affecting
our community. Dated this 9~ day Of April, 1998.
Mayor.
OBOYNTON BEACH CITY COMMISSION MEETING ~-~ ~
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he/she
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made, which record includes the testimony and evidence upon which the appeal is to be based. {F.8. 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
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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.
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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 proEram or activity in order for the city to reasonably accommodate
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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 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
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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
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wffi need a record of ~ proceeders and, for such p~pose, he/sh~ may need to ens~ ~st s ~rb~t~ r~cord of
made, which record ~cludes th~ testimony and e~dence upon which the appeal ~ to b~ based. {F.8.
The City shs~ ~h appropriate a~ aids and s~ces wher~ n~c~s~ to s~ord sn ~di~d~ with a d~bflity
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will need a record of the proceedings and, for such purpose, he/She may need to ensure that a verbatim record of the proceedings it
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 auxflitry 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
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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
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Agenda#
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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)
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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
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DECORUM NOTICE
ANY PERSON WHO, AT A CITY COMMISSION OR BOARD MEETING,
WILLFULLY INTERRUPTS OR DISTURBS SUCH MEETING IN VIOLATION OF
§871.01, FLORIDA STATUTES, ENTITLED "DISTURBING SCHOOLS AND
RELIGIOUS AND OTHER ASSEMBLIES," IS SUBJECT TO ARREST.
· No person shall willfully interrupt or disturb the proceedings or meeting of the City
Commission or any City board.
· Only those individuals recognized by the presiding officer are authorized to speak to the
Commission or to a City board. All other spe¢ch, remarks, or comments are unauthorized.
Unauthorized speech, remarks, comments, stamping of feet, whistles, yells and similar
actions or demonstrations constitute an interruption to public meetings, and are prohibited.
· All persons attending any city meeting shall render inaudible any beepers, cellular
telephones, or other mechanical or electronic devices while such meeting is in session
· In addition to any other remedy provided by law, a violation of the City's decorum ordinance
may be prosecuted as a municipal ordinance violation by issuance of a notice to appear,
served on the violator as set forth in Rule 3.125, Florida Rules of Criminal Procedure.
NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT ANY MEMBER OF THE
PUBLIC FROM EXPRESSING THEIR OPINIONS OUTSIDE OF A PUBLIC MEETING
OR BY EXPRESSING THEIR OPINIONS IN WRITTEN FORM DIRECTED TO THE
CITY COMMISSION OR ANY CITY BOARD.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park & Village South
APPLICANT'S AGENT: Eugene Gerlica, P.E. Quantum Limited Partners, LLC
APPLICANT'S ADDRESS: 2500 Quantum Lakes Drive Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 3, 2002
TYPE OF RELIEF SOUGHT: Request New Site Plan approval for 132,032 square feet of commercial
use and 234 rental apartments in the Quantum Park DRI.
LOCATION OF PROPERTY: South of Gateway, West of High Ridge Road
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
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
o
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 "D" with notation "Included".
The Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
~ ".:,Z...~,,7'" _.~ City Clerk
S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP
Hill
All further development on the property shall be made in accordance with the terms
and conditions of this
~.-"~ ~,° ~,.N..~04/
Other
__= ~ ..,-, ~ -_
Location Map
Quantum Park & Village South Master Site Plan
EXHIBIT "A"
NIC
1000 0 1000
2000 3000 Feet
EXHIBIT "B"
,A
EXH
113IT "B"
EXF
IIBIT "B'
EXHI
EXHII
41B'
EXHIdlT
IIBn
EXHIBIT "B"
! !~ I I I
I
,
EXHIBIT "B"
EXHIBIT "E-'
I'
ii
Olen Residential Realty
EXHIBIT "B
I
....~ EXHIBIT "B
't
EXHIBIT "F
EXHIBIT "C"
Ms. Lusia Galav, AICP
City of Boynton Beach
Planning and Zoning Division
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
August 5, 2002
Request for Waivers - Quantum Park & Village South Side of Gateway Blvd.
Lots 62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C & Lot 100
Dear Lusia:
We hereby request waivers for Quantum Park & Village, South side of Gateway Blvd., pursuant
to the City of Boynton Beach Code of Ordinances - Part 111 Land Development Regulations -
Chapter 2 - Zoning Section 7 - Planned Industrial District and Chapter 2, Section II -
Supplemental Regulations.
The following is a list of the requested waivers and supporting documentation:
Residential / Commercial / Office
Land Development Regulations Chapter 2 - Section ll. H. I and Chapter 23, Article II. I. I
(Engineering Drawing No. B-90013) - Requesting waiver of 2' to allow width of 25' rather
than 27' for the back-up dimension for 90 de~ees parking spaces. The request is reduce the
amount of impervious (asphalt) areas within the project and allow for more open space.
Land Development Regulation Chapter 2 - Section II. H . 2 - Requesting waiver of 3' to
allow reduction in the minimum 12' width required for the first parking space not within a
garage. The 3' reduction allows for-more open space and landscaping and provides uniform
p.':..rking spaces throughout the project.
t062
Coral Ridge Orive · Coral Springs, Florida
(954] 340-4904 · Fax (954) 344-4608
www. olenproperties, com
33071
EXHIBIT "C"
Page 2 of 3
August 5, 2002
Ms. Lusia Galav / Request for Waivers - Quantum Park & Village South Side of Gateway Blvd. / Lots
62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C & Lot 100
Land Development Regulations Chapter 2, Section 7. H. 16 - Requesting waiver of 15' to
allow front setback of 15' rather that the required 30'; waiver of 20' to allow a side setback
of 0' rather than the required 20'; waiver of a maximum of 15' to allow a rear setback of
varying amounts up to 15' rather than the required 30' for residential multi-family buildings.
The mixed use project allows for varying types of product within the property limits utilizing
pedestrian and vehicle interconnects,p{'perimeter 15' setback is developed for the entire
property, except on the lake area where restaurant bldgs, interface with the lake amenity.
Land Development Regulations Chapter 6, article II, Section 3 - Requesting waiver of the
requirement of a five foot high masonry wall and/or landscaped chain link fence and/or
landscaping between residential and commercial use. A wall / fence / berm / landscaping is
proposed between the commercial and residential uses at varying locations. The mixed use
project encourages interaction between uses while providing appropriate screening between
residential and objectional commercial uses.
Land Regulations Chapter 2, Section 1/, H - Provision of Off-Street Parking Spaces -
Requesting a waiver of total required spaces for the retail / office / restaurant uses to
incorporate an overall 1 space per 225 square feet. The mixed use project, particularly with
the immediate interaction / accessibility of 548 residential units, allows the shared use / off
peak availability of parking throughout the project.
Land Development Regulations Chapter 5, Section I - Waivers - A waiver of the platting
requirement may be considered when the land is to be divided into no more than two (2)
contiguous lots. The request is to subdivide Lot 62 into two parcels; one parcel for Quantum
Lake Villas (234 units) and one parcel for Quantum Park & Village, both included in the
master plan.
EXHIBIT "C"
Page 3 of 3
August 5, 2002
Ms. Lusia Galav / Request for Waivers - Quantum Park & Village South Side of Gateway Blvd. / Lots
62, 63, 64, 65A, 65B, 66, 67A, 67B, 67C & Lot 100
Manafi
CC:
& VILLAGE, LLC
ansen
lng Partner
· Land Development Regulations, Chapter 7.5, Article [I Landscape Code - Requesting a
waiver of permitted plant material to allow Cuban Laurel hedge material to be used for
screening of equipment and perimeter buffers other than the Sand Pine Preserve.
If you have nay questions regarding the waivers, please feel free to contact me at (954) 340-4904.
Doug McDonald - Quantum
Igor Olenicoff- Olen
project file
Fax (561) 740-2429
Fax (949) 719-7250
\\OLENFL\USERS\SHEILA\QUANTUM~a~ers~p\Co~espondence~002\Galav 080502 Request for Waivers.doc
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park & Village South
File number: SBMP 02-001
Reference: 2nd review plans identified as SBMP 02-001 with an August 6, 2002 Planning & Zoning date stamp
marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments:
1. A traffic signal shall be required at the major driveway connecting this project X
to Gateway Blvd. The major driveway is located at the existing full
movement median opening within Gateway Blvd. The major driveway is
known as the "middle driveway" of this project located along the South
Right-of-Way of Gateway Blvd.. The applicant, Quantum Park & Village,
LLC, its; successors and assigns shall be responsible for the cost of the design
and construction of the traffic signal. Quantum Park & Village, LLC, is also
the current landowner of the property north of Gateway Blvd., in the location
of the full movement median opening and the major driveway proposed for
the mixed-use project currently under review for a similar Master Site Plan
Approval upon the property to the north. The Proposed traffic generation and
distribution from this project shall be included in the annual monitoring (D.O.
Condition No.28) report and intersection warrant analyses contained there-in.
The proposed development shall be designed to accommodate the installation
of a traffic signal at this major driveway. The traffic signal shall be designed
and constructed for the ultimate conditions. The design shall be completed
and approved by all appropriate review agencies prior to the issuance of the
first Certificate of Occupancy for commercial/office in Quantum Park &
Village that will have access to the major driveway upon full buildout. The
traffic signal shall be activated when warranted. In addition, the traffic signal
mast arms and controllers shall be constructed prior to the first Certificate of
Occupancy of the northern commercial development. At such time, pending
County approval, the signal shall be set in a flashing yellow condition for the
Gateway Blvd. through traffic and a flashing red condition for the connecting
driveway(s).
UTILITIES
Comments:
2. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Please show all proposed easements on the
engineering drawings, using a minimum width of 12 feet. The easements shall
be dedicated via separate instrument to the City as stated in the CODE,
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Section 26-33(a).
3. Surety will not be required for installation of the water and sewer utilities, on X
condition that the system(s) be fully completed, and transferred to the City
Utilities Department before the first permanent meter is set.
Comments:
4. Design documents shall demonstrate compliance with LDR Chapter 6, X
Section 16, which provides requirements for hydrants. Hydrants in
commercial applications shall be no more than 300 feet apart and the remotest
part of any structure shall be no more than 200 feet from a hydrant.
Connections shall be to mains no less than six (6) inches in diameter. In
addition to domestic requirements at a residual pressure of not less than 20
psi, a fire flow of at least 1500 gpm is required.
5. Design documents must demonstrate compliance with the requirements for X
fire lanes that are provided in Section 9-21 of the City Ordinances. Signing
and marking are described in LDR Chapter 23 Section B2.
6. Emergency access shall be provided at the start of a project and be maintained X
throughout construction per the Florida Fire Prevention Code, Section 3-5,
and NFPA 241, (1996) Safeguarding Construction, Alteration, and
Demolition Operations, Section 5-4.3.
7. City Ordinance Section 9-6, 3./7-11 requires approved automatic fire X
sprinkler systems throughout all buildings or structures regardless of the type
of construction that are in excess of 12,000 square feet per floor.
POLICE
Comments:
8. Complete Photometric Light Study for both sites, at the time a Technical Site X
Plan is submitted for review and approval.
9. Show placement of Stop Signs on residential site plan at the time a Technical X
Site Plan is submitted for review and approval.
ENGINEERING DIVISION
Comments:
10. The subdivision of Parcel #62 will require a re-plat, unless the Engineering X
Division accepts documentation for Unity of Title only.
DEPARTMENTS INCLUDE REJECT
BUILDING DIVISION
Comments:
11. Add to the/each building that is depicted on the drawing titled site plan and X
floor plan a labeled symbol that identifies the location of the handicap
accessible entrance doors to each building. Florida Accessibility Code for
Building Construction, Section 4.1.2, 4.3.
12. Place a note on the elevation view drawings indicating that the wall openings X
and wall constTuction comply with Table 600 of the 2001 Florida Building
Code.
13. At time of permit review, submit signed and sealed working drawings of the X
proposed construction.
14. To properly determine the impact fees that will be assessed for the one-story X
pool house, provide the following:
Submit a notarized affidavit on the letterhead of the property owner,
company or association. The letter shall list and contain an answer to the
following questions.
a) Will the pool house building be restricted to the residents of the entire
project only?
b) Will the residents have to cross any major roads or thoroughfare to get
to the pool house building?
c) Will there be any additional deliveries to the site?
d) Will there be any additional employees to maintain and provide
service to the site?
Please have the applicant provide the City with a copy of the letter that will
be sent to the impact fee coordinator. To allow for an efficient permit
review, the applicant should request that the county send the City a copy of
their determination of what impact fees are required for the clubhouse/lease
office building
15. Add to each building that is depicted on the site plan drawing a labeled X
symbol that identifies the location of the proposed handicap accessible units.
Add to the drawing the calculations that were used to identify the minimum
number of required units. Also, state the code section that is applicable to the
computations. Show and label the same units on the applicable floor plan
drawings. Compliance with regulations specified in the Fair Housing Act is
required (Federal Fair Housing Act Design and Construction Requirements,
24 CFR 100.205).
16. On the floor plan drawing, identify the location of the mechanical room, X
electric room, trash room, and mailbox pickup and delivery area.
17. Add to all plan view drawings of the site a labeled symbol that represents the X
location and perimeter of the limits of construction proposed with the subject
request.
18. Add to the floor plan drawing of the pool house a breakdown of the floor X
area. The area breakdown shall specify the total area of the building, covered
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
area outside, covered area at the entrances, total floor area dedicated for the
clubhouse and other uses located within the building. Specify the total floor
area that is air-conditioned. Label the use of all rooms and floor space.
PARKS AND RECREATION
Comments:
19. Since this development is classified as a multi-family development, the City X
charges the applicant an impact fee of $656 per dwelling unit. The park
impact fcc for the 234 units would bc $153,504.
20. Submit detailed irrigation plans for right-of-way landscape and irrigation X
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 existing irrigation in the right-of-way at
the time a Technical Site Plan is submitted for review and approval.
FORESTER/ENVIRONMENTALIST
Comments:
Existing Sand Pine Preserve
21. Thc applicant should install only native Sand Pine compatible landscape X
vegetation along thc existing Sand Pine Preserve perimeter of thc site.
22. The applicant should minimize the existing/new grade elevations along the X
existing Sand Pine Preserve perimeter of the site. This may have to be
accommodated with construction of a retaining wall along the perimeter.
PLANNING AND ZONING
Comments:
23. No portion of the development may drain into the sand pine preserve area. X
24. Submit Roadway & Easement abandonment request for the cul-de-sac on X
Quantum Lane. Abandonment must be recorded prior to issuance of a
building permit for the residential portion of the project.
25. Submit abandonment request for the 12 foot utility easement between lots X
64/66 and 65-A/67-A and the 12 foot drainage easement between lots 63 and
62. Abandonment and rededication of these easements must be recorded prior
to issuance of a building permit for the project.
DEPARTMENTS INCLUDE REJECT
26. The required parking for the project is 678 spaces including 14 handicap X
spaces. A total of 606 parking spaces are provided. Please revise the plan or
request a waiver for parking pursuant to Chapter 7.5, Sec.7P and Chapter 2,
Section 11.H. WAIVER REQUESTED. JUSTIFICATION PROVIDED
FOR THIS CODE DEVIATION.
27. The landscape code requires that 50% of all landscape material will be native X
vegetation. (Chapter 7.5, Art II, Sec. 5P.) WAIVER REQUESTED.
JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION.
28. Final landscaping will be determined at the time of technical site plan X
approval for each phase.
29. Applicant proposes to deviate from Engineering Standard Drawing B-90013 X
by providing drive aisles at 25 feet in width, not 27 feet as required. All off-
street parking areas shall conform to the design and layout requirements of
Chapter 23 of the City Of Boynton Beach LDR and shall be approved
according to the procedures contained therein. [LDR Chapter 2, Section H. 1 .]
WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE
DEVIATION.
30. Indicate the color schemes (by manufacturer name and number) to be used on X
the residential and commercial office elevation sheets at time a technical site
plan is submitted for approval.
31. Sign program to be approved as Modification of the Master Plan. Planning X
& Development Board and City Commission approval is required.
32. Provide a letter of approval from the Quantum Park Architectural Review X
Committee prior to the Planning & Development Board meeting.
33. Palm Beach County Traffic Engineering approval is required prior to issuance X
of a building permit.
34. For all required residential district parking spaces not within an enclosed X
garage, the first parking space shall be a minimum of 12 feet wide and 18 feet
long, exclusive of public or private right-of-way. [LDR Chapter 2, Section
11 .] WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS
CODE DEVIATION.
35. The building setbacks for this site do not meet the PID district requirements X
of: Front, thirty (30) feet; Side, twenty (20) feet; Rear, thirty (30) feet.
(Chapter 2, Section 7.H. 16). WAIVER REQUESTED. JUSTIFICATION
PROVIDED FOR THIS CODE DEVIATION.
36. The project must obtain approval from the School District of Palm Beach X
County regarding school concurrency prior to the issuance of a building
permit.
37. The Land Development Regulations Chapter 2, Section 4L. requires a buffer X
wall to be provided between residential and non-residential zoning districts.
In this case, the zoning district for all parcels in Quantum is the same, PID.
In Chanter 6. Article III. Section 3 there is a reauirement for subdivisions to
Conditions of Approval
6
DEPARTMENTS INCLUDE REJECT
separate residential from commercial and industrial development with a five
(5) foot masonry wall or landscaped chain link fence. The applicant is
proposing a combination six (6) foot masonry wall and landscape buffer.
WAIVER REQUESTED. JUSTIFICATION PROVIDED FOR THIS CODE
DEVIATION.
38. The landscape code (Chapter 7.5, Article II, Section 5H.) prohibits the X
planting of Ficus species. The applicant proposes to use "Cuban Laurel"
hedge material for screening of equipment and perimeter buffers other than
adjacent to the Sand Pine Preserve. WAWER REQUESTED.
JUSTIFICATION PROVIDED FOR THIS CODE DEVIATION.
39. Prior to building permit, applicant must submit Technical Site Plans for each X
phase (Chapter 2, Section 7.P.).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
40. Add the following language to Conditions #11, #16, #17: "to be provided at X
time of Technical Site Plan submittal."
41. Deny waiver request for the use of Cuban Laurel Plant material (reject X
Condition #38.)
42. Reject Condition #32 - Applicant submitted letter from Quantum X
Architectural Review Committee.
43. Reject Condition #36 - Project is vested regarding school concurrency. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~}ta _ /~tt/~)
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S:\Planning\SHARED\WP\PROJECTS\Quantum Park & Village\SBMP 02-001 south\CEA.doc