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Minutes 12-21-99 MTNUTES OF THE REGULAR CTTY COMMZSSTON MEETZNG HELD ZN COMMZSSZON CHAMBERS, C~TY HALL, BOYNTON BEACHf FLOR/DA ON TUESDAYf DECEMBER 21, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Ron Weiland, Commissioner Nellie Denahan, Commissioner Dale Sugerman, Assistant City Manager .lames Cherof, City Attorney Sue Kruse, City Clerk 1'. OPENTNGS: All Call to Order - Mayor .lerry Broening Znvocation - Father Mark Szanyi - St. Mark Catholic Church Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan Mayor Broening called the meeting to order at 6:30 p.m. Following the invocation, Commissioner Denahan led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions~ Deletions~ Corrections None 2. Adoption ViCe Mayor Tillman moved to approve the agenda. Commissioner Denahan seconded the mOtion that carried unanimously. ]:]~. ADMTN'rSTRA'rZVE: A. Appointments to be made: APpointment Length of Term To Be Made Board Expiration Date Mayor Broening Children & Youth Advisory Board Alt 1 yr term to 4/00 Tabled (2) T Weiland Children & Youth Advisory Board Stu/NonVoting I yr term to 4/00 Tabled (2) ]:! Denahan Children & Youth Advisory Board Reg 2 yr term to 4/00 ! Weiland Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 Tabled (2) !! Denahan Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 Tabled (2) T!! Sherman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 Tabled (2) !V Tillman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 Tabled (2) Weiland Community Relations Board Alt 1 yr term to 4/00 Tabled (2) Denahan Community Relations Board Reg 3 yr term to 4/02 Tabled (2) Sherman Community Relations Board Reg 3 yr term to 4/01 MEETING MINUTES REGULAR CTTY COMMISSTON BOYNTON BEACH, FLOR2DA DECEMBER 2:~ 1999 II II Denahan Denahan IV ~llman Education Advisory Board Nuisance Abatement Board Planning & Development Board Reg Reg Alt 2 yr term to 4/01 Tabled (2) 2 yr term to 4/0::[ Tabled (2) 1 yr term to 4/00 Tabled (3) Mayor Broening, Vice Mayor Tillman, Mayor Pro Tem Sherman and Commissioner Weiland requested that their appointments remain on the table. MOtion COmmissioner Denahan moved to remove her appointments from the table. Vice Mayor Tillman se :onded the motion that carried unanimously. Cc mmissioner Denahan made the following appointments: · Reappointed Bob Borovy to the Advisory Board on Children & Youth as a regular member. · Appointed .lohn Critchett to the Community Relations Board as a regular member. · Appointed Dr. Leon Schwartz to the Education Advisory Board as a regular member. · Appointed .loseph Pineau to the Nuisance Abatement Board as a regular member. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: City Hall closed Friday, December 24th and Monday, December 27th in Observance of Christmas be closed on Friday, December 24th and M~yor Broening announced that City Hall would MOnday, December 27th in observance of Christmas. City Hall closed Monday, .lanuary 3rd in observance of New Year's Day H~yor Broening announced that City Hall would be closed observance of New Year's Day. i 3, Meg Hooper, Special Events Manager on Monday, January 3rd in MS. Hooper thanked the City Commission and the public for attending and participating in the HOliday Parade. She announced the upcoming "Secret of the Sailfish" Millennium Event and displayed the "Secret of the Sailfish Millennium calendars that are for sale. MEETING MTNUTES REGULAR CITY COMMISSTON BOYNTON BEACH, FLOR2DA DECEMBER 2:L, 1999 B. Presentations: 1. Proclamations: None 2. Presentation by Interim City Manager Wilfred Hawkins of Certificates of Completion to Mayor Gerald Broening and Commissioner Ronald Weiland for the completion of the Advanced :Znstitute for Elected Municipal Officials Tni the absence of Mr. Hawkins, Assistant City IVlanager Dale Sugerman approached the podium add reported that the Florida League of Cities and Tnstitute of Government sponsor training classes for elected officials. The classes are not mandatory, but many elected officials benefit fr~m this training. He presented Mayor Broening and Commissioner Weiland with Certificates of Completion for completing the Advanced Tnstitute for Elected Hunicipal Officials. Cc M; bL wi Cc Ci mmissioner Weiland thanked the citizens of Boynton Beach for allowing him this opportunity further his knowledge in performing his job. lyor Broening said the Commissioners learn the things they don't know during this training, t the learning is an ongoing process. Much of what is not known is learned during meetings ~ere there is public input. '. CONSENT AGENDA: ~mmissioner Weiland announced that he would like to ask questions about the minutes of the -7 Commission Workshop meeting of November 23rd and Consent Agenda ~[tem TV-C.2. A. Minutes: 1. City Commission Workshop Meeting of November 23, 1999 The minutes of the City Commission Workshop Meeting were Agenda for discussion. removed from the Consent m Agenda Preview Conference of November 29, 1999 Regular City Commission Meeting of December 7, 1999 Bids - Recommend Approval - All expenditures are approved in the 1999-00 Adopted Budget Approve the piggyback purchase for FENCE ~[NSTALLA-I-~ON AND REPATRS utilizing a Palm Beach County Bid #97-0861/mm awarded to Tropic Fence, ~[nc., with an estimated expenditure of $70,000 MEE'F~NG M~NUTES REGULAR CI'TY COMM'rSSZON BOYNTON BEACH~ FLOR.I:DA DECEMBER 21, 1999 10. 11. Award the bid for "PURCHASE OF THREE (3) ROLL-OFF REFUSE COLLECTION VEHICLES/WITH THREE (3) TRADE-INS" to Volvo Trucks of Palm Beach, in the amount of $229,232 Award the bid for "PURCHASE OF THREE (3) BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES" to Atlantic Truck Center, in the amount of $152,772 Renew the bid for "ANNUAL CONTRACT FOR THE SUPPLY & INSTALLATION OF WATER SERVICE CONNECTIONS & RESTORATION" to Line-Tec, Inc. with an annual expenditure of $75,000 Renew the bid for"LEASING OF FIVE (5) NEW & UNUSED VEHICLES FOR POLICE DEPARTMENT" to Mears Motor Livery Corporation with an annual expenditure of $32,500 Approve a piggyback" PURCHASE OF THREE (3) AUTOMATED RESIDENTIAL REFUSE COLLECTION TRUCKS, using a City of Kissimee Bid, with an award to Volvo Trucks of Palm Beach, each truck at $148,228, for a total purchase of $444,684 Approve a piggyback PURCHASE OF A HEAVY DUTY RESCUE VEHICLE W/OPTIONS, utilizing a Martin County Bid, with an award to Pierce Manufacturing, Inc., in the amount of $232,199 Approve the PURCHASE OF A NEW ALS TRANSPORT VEHICLE from Wheeled Coach, Inc., in an Extension of Same Current Vehicle Specifications and Price, with Allowances: 1) Year 2000 Chassis Increase; 2) Trade-in for Veh. #835, bringing the total amount to $117,973 Approve CHANGE ORDER FOR ADDITIONAL WORK TO BE DONE AND ADDED TO PO #992747 - SOUTHERN SEWER EQUIPMENT/SALES FOR REFURBISH 1989 - VACCON TRUCK, in the amount of $3,041.66 bringing the refurbish total to $12,768.62 Extend the bid for "CO-OP ANHYDROUS AMMONIA" for one additional year to Tanner Industries, Inc., in the amount of $81,416.40/City Utilities portion $6,000 Extend the "ANNUAL CONTRACT FOR MONTHLY PEST CONTROL SERVICES FOR VARIOUS CITY OF BOYNTON BEACH FACILITIES AND LOCATIONS" for an additional one-year period to Falk Pest Control, Inc., in the amount of $542/month ($6,504 annually) MEETZNG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA DECEMBER 21, 1999 ~em 12. Approve piggybacking existing bids for Walk-Up Convenience Copiers on State of Florida Contract No. 600-380-00-1, and Putnam County Contract No. RFP 97-2 for the purpose of providing Xerox copiers at various locations throughout the City C. Resolutions: Proposed Resolution No. R99-162 Re: Approving a proposal from Camp Dresser & McKee Tnc. (CDM) for stormwater contract services to assist the City in complying with the National Pollution Discharge Elimination System Stormwater Discharge Permit in an amount not to exceed $22,380 Proposed Resolution No. R99-163 Re: Approving a contract for Medical Services (City physical exams) with Medical Tnfusion Center, Thc. for City medical clinic IV-C.2 was removed from the Consent Agenda for discussion. 3. ]NTENTZONALLY LEFT BLANK Proposed Resolution No. R99-164 Re: Confirming the appointment of Dan DeCarlo as Neighborhood Specialist for the Neighborhood Services Division of the Department of Development and authorizing the City Manager to execute an appointment contract on behalf of the City and adopting a revised Position Description D. Ratification of Planning & Development Board Action: Eckerd Drugstore (Northwest corner Federal Highway & Boynton Beach Boulevard) - Request for relief from Land Development Regulations, Chapter 21, Signs, Article ]iV, Section 6 permitting one freestanding sign to allow a total of two (one at each entry) Approve the donation of bicycles to East Coast Migrant HeadStart Program and Boynton Community Forum Families and Friends Network Motion COmmissioner Denahan moved to approve the Consent Agenda as amended. Vice Mayor Tillman seconded the motion that carried unanimously. CONSENT AGENDA :ITEMS FOR D:[SCUSSZON: IV-A. 1, City Commission Workshop Meeting of November 23, 1999 MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOR]:DA DECEMBER 21, 1999 Commissioner Weiland said that during the meeting, he had a question about the severance package that the City of Boynton Beach would offer to the new City Manager that will be hired. During the workshop, the Mayor said that would be handled during negotiations of the contract with that particular person. The Assistant City Attorney agreed that at that time, it would be open for negotiation. Commissioner Weiland feels the entire Commission needs to discuss the specifics of the severance package before it goes to negotiations. When Mayor Broening asked about the usual practice, Attorney Cherof said there is no set practice. All of the elements of the contract would be subject to negotiation. However, there are many times when employers/municipalities establish some provisions that are non- negotiable. The contract would have to be approved by the Commission. Mayor Broening asked if an Executive Session could be held to discuss this issue. Attorney Cherof responded negatively.. This must be done in a public session. Commissioner Weiland said the salary range for the City Manager was discussed in the workshop meeting. The benefits are almost standard. At a future date, the Commission needs to discuss the severance issue. Mayor Broening suggested reaching an easy conclusion by using a portion of a year's basic pay, or one year's basic pay. He is hopeful this issue could be handled in this manner rather than focussing on a specific dollar amount. Consensus There was a consensus of the Commission to handle this at a future date. Motion COmmissioner Denahan moved to approve the minutes from November 23rd City Commission Workshop. Commissioner Weiland seconded the motion that carried unanimously. Proposed Resolution No. R99-163 Re: Approving a contract for Medical Services (City physical exams) with Medical Znfusion Center, Znc. for City medical clinic Cpmmissioner Weiland requested clarification of this item since he found the back-up material somewhat confusing. He referred to Ttem 3.3 of the Agreement where it states that the "City shall provide Consultant with the medical equipment specified in Exhibit "A" to be utilized solely ini the performance of medical examination and testing of City employees." Exhibit "A" states a number of pieces of equipment. Commissioner Weiland questioned whether the City was p~oviding this equipment. Fijre Chief William Bingham said the clinic has a great deal of equipment, but there were a few items that were needed for the Police, Fire and City employees. The City purchased those items and we are loaning it to the clinic. MEET:~NG M:~NUTES REGULAR C:~TY COMM:~SSION BOYNTON BEACH, FLOI~DA DECEMBER 21, 1999 MOtion Commissioner Weiland moved to approve Item IV-C.2. Commissioner Denahan seconded the motion that carried unanimously. V. CZTY MANAGER'S REPORT: M¢. Sugerman reported on the following: The City accepted bid proposals for the construction of the Pond "B" project. Only one bid was received and was opened last week. A second bid was received late. The one official bid came in at $5..9 million with an engineer's estimate of $4.2 million. That bid was rejected because the City did not believe it is a $5.9 project. At the appropriate time, Mr. Sugerman would like to bring forward a formal action to get Pond "B" built. We have the following options: :~. We can award the $5.9 million bid since it is a solid bid. 2. We could rebid the project, but that is not a good option since we have certain deadlines. We could break the bid apart and award just one of the component parts that would be the actual pond and the piping network to accommodate the stormwater run-off from the bridge. We could look at an option of design/build where the designer of the project builds it as well. Camp, Dresser & McKee, the consulting engineers, are the designers. Staff spoke with them about doing a design/build. This is known as CM At-Risk (Construction Manager At-Risk). Mr. Sugerman said Don Monksgard of Camp, Dresser & IVlcKee was present in the audience to speak about this option. Mi. Sugerman advised that he was not requesting the Commission to take any formal action, but pointed out that we need to move forward with Pond "B" construction. At in it t~ what the bids have been. next agenda. Mayor Broening inquired what would authorize the Commission to "go outside of the box" to m ~ve forward with Option 4. torney Cherof advised that this issue needs to be an agenda item. It is a very expensive and ~portant item and should not get onto the agenda through the City Manager's Report. When becomes an agenda item, staff should be prepared to explain why we are at this point after ,o bid openings and two projections by the design consultant that have not come close to Attorney Cherof recommended that this issue be rolled over to the MEETZNG MTNUTES REGULAR CITY COMMTSSION BOYNTON BEACH, FLORTDA DECEMBER 21, 1999 Mr. Sugerman said he was attempting to determine whether or not the City Commission was interested in having a presentatiOn on these options. He was looking for direction to do some things "outside the box". Mayor Broening agreed that this should be an agenda item. The Commission would be willing to discuss the four options mentioned and any others that might arise before this appears on the agenda. cOnsensus There was a consensus of the Commission that this item would appear on the January 4th agenda. · Mr. Sugerman advised that the City of Boynton Beach is selling, as a fundraiser, a once-in-a- lifetime Millennium Calendar at $10 each. ·, Mr. Sugerman wished everyone a happy, healthy and prosperous New Year. VZ. PUBLTC AUDTENCE: David Fellows, 638 NE 9th Avenue, reminded the City Commissioners that on November 15th, the Mayor proclaimed December 5-11 to be Megan Keller Organ Donor Awareness Week. That week was intended to honor his granddaughter and draw attention to the issues surrounding organ donation. Mr. Fellows sadly announced the passing of Megan Keller on Friday, December 10th. Mr. Fellows spoke about the expenses associated with organ transplants and the fact that there are organizations and groups that will continue to raise the $120,000 to cover the transplant expenses. The University of Miami Organ Donor Program and thie Children's Organ Transplant Association have been comforting. Mr. Fellows thanked the Beynton Beach Mall, Hank Ackermann, homeowners' associations throughout the City, Steve Waldman, the Boynton Beach Youth Council, the City Clerk's Office, Kathy Shabotynskyj, the Cliamber's Board of Directors, the Education Committee of the Chamber of Commerce, many businesses throughout the City, Meg Hooper, the Atlantic High School Key Club, ABC Sign Emporium, .~ordan Wrecker Service, .lo-Als Restaurant, the ground crew of the Boynton Beach Cemetery, Commissioner Denahan and Mayor Broening. Mr. Fellows acknowledged the cc~verage provided by Merle Augustin of the Sun-Sent/ne/and articles in The Palm Beach Po~ Mk. Fellows said he is proud to say he lives in Boynton Beach. I th Mike Friedland, 330 NE 26 Avenue, announced that Village Royale on the Green will p~esent the Fire and Police Departments with checks for $1,000 each for the help they have offered over the years. Mr. Friedland wished everyone a very good year. D~ee Zibelli commended the Paramedics that transported her mother to the hospital. They were very caring individuals. Bill Schmalz asked for an update on the issue of fluoridating the City's drinking water. MEETING MI'NUTES REGULAR CTTY COMMTSSI'ON BOYNTON BEACH,, FLORIDA DECEMBER 21~ 1999 Attorney Cherof advised that a workshop would be held on ~lanuary 26th, He recommended that the public read the public notice that will be published explaining the public hearing procedure. Ed Tedtmann, 869 NW 8th Avenue, requested that the City consider an Ordinance that there be no building within 150' of active rail and there be some tree and shrub buffering considered as well. VIZ. PUBLIC HEARING: Project: Agent/Owner: Location: Description: The Learning Depot - PreSchool Scott and Kathy Freeland SW 3rd Street @ Woolbright Road Request conditional use approval to construct a 4,623 square foot daycare center on 0.52 acres Attorney Cherof pointed out that the agenda indicated a postponement. Therefore, no motion was required. Project Name: Villa Del Sol Land Use Amendment/Rezoninq/Comprehensive Plan Text Amendment Agent: Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc. Owner: Grove Partners Limited Location: Northwest corner of the intersection of Federal Highway (US 1) and Old Dixie Highway Description: Request to amend the Future Land Use Plan from Local Retail Commercial to Special High Density Residential (20 dwelling units/acre) and rezone from C-3 Community Commercial to R-3 High Density Residential Attorney Cherof administered the oath to all that would testify during the quasi-judicial p~oceedings. B~adle¥ Hiller, Hiller Land Planning Consultants, is a Land Planner with certification from tl~e American Tnstitute of Certified Planners. His address is 298 Pineapple Grove Way in Delray Beach. Mr. Miller represented Grove Partners Limited, the owner and applicant of this 16-acre parcel. Mk. Miller explained that in 1989, when the City was considering modifications to the Comp Pl.~n, this property was recommended for Special High Density Residential. The reason it remained as a commercial designation was that there was a site plan approval and approved ccnstruction plans for a shopping center. The shopping center never got off the ground and 9 MEETZNG MTNUTES REGULAR C'rTY COMM]:SSTON BOYNTON BEACH~ FLOR.I:DA DECEMBER 21, 1999 the property is vacant. The applicant would like to bring this property back to the Special High- Density Residential category that was recommended 10 years ago. Tn comparing the commercial designation to a multi-family designation, this application would allow up to 320 multi-family units in comparison to the commercial designation where over 200,000 square feet of commercial could be developed. With respect to impact, the following is important: The trips generated between a commercial development and a multi-family project is a reduction of more than 6,000 trips per day. Tn a commercial development, there are large truck deliveries, a mass paved parking area, lighting, and dumpsters. All of these items would be eliminated by the change to Special High-Density Residential category. With respect to density, there would be 20 units per acre. This is not inconsistent with several projects throughout that corridor. There are legal non- conforming projects in the area that have as many as 40 units per acre. This project is consistent with the "Eastward Ho" movement. The Treasure Coast Regional planning Council has provided a letter of support. This project is in the CRA and would benefit the area. Tt is consistent with the Comprehensive Plan and staff has been provided with a report that addresses all issues associated with this change. Hr. Hiller advised that staff and the Planning & Development Board recommended approval of this project. Tf the City COmmission approves this request, the application would be forwarded to the State Department o~ Community Affairs for their review. This application would return in the Spring and be readdressed through the public hearing process. COmmissioner Denahan pointed out that Exhibit "G" in the backup was easy to read, but the m~p that corresponded with it was difficult to understand. She referred to a property with an eXisting density of 38.3 and questioned which property this was. Lusia Galav, Senior Planner, e~plained that this information appeared in the Comprehensive Plan. Tt did not name the particular developments. She further explained that not all of the properties mentioned are developed; however, they are approved for the densities listed. COmmissioner Weiland asked what the height allowance would be for the category Special High D~ns~ty Residential. Ms. Galav responded if this project were approved, the developer would be permitted to go to a maximum height of 100'. MC. Hiller explained that the condition in Exhibit "T" pertains to setbacks. The setback is further away from the property line as the height increases. This project would probably be in the range of 35' to 45' in height. Hr. Hiller advised that this would be a site plan issue and would be addressed at that time. Mayor Pro Tem Sherman recalled that during the Planning & Development Board meeting a citizen talked about the greenways project. He asked Mr. Hiller if he had an opportunity to 10 MEET'LNG MI'NUTES REGULAR CI'TY COMMTSSI'ON BOYNTON BEACH~ FLOR]:DA DECEMBER 21, 1999 absorb that information. Mr. Miller advised that he provided the citizen with his business card, bUt he had not yet heard from him. Mr. Miller explained that he was in possession of a site plan, but that was not the issue on the agenda this evening. Mr. Miller said the applicant believes it is important to look at the railroad and determine how to buffer it. This will be done with the site plan. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. RObert Spence, 22 Colonial Club Drive, Section 2, complimented the excellent coordination between the application and presentation to the Planning & Development Board and staff. He said it is wonderful to have so many people come up with one parallel answer. He claimed that Section 2 of Colonial Club has 10.2 units per acre. He recommended that the COmmission delay approval of this request if there are questions about it. He urged the COmmission to remember that with a height of 100', there are fire, rescue and water cQnsiderations. Mr. Spence feels the project that is developed should be compatible to Colonial ClUb and the surrounding area. R0semarie Gaglio, President of Los Mangos, presented a petition signed by the residents. L6s Mangos is a small community of 188 units on 23 acres. The residents object to the re,zoning of the property from Commercial to Special High Density Residential. Ownership communities are different from a high-density rental community. Ms. Gaglio noted that approximately 10 years ago, there was a shortage of rental apartments. This County is now flc~oded with them. The residents of LOs Mangos do not agree that there is a need for luxury al~artments in this location. Ms. Gaglio advised that Los Mangos has only one unit for sale in their community and they do not want the value of the property to decrease because of this type of development. They are fearful this project could turn into another Homing Inn. That p~Operty has had 11 pages of Police responses since August. E~I Tedtmann, 869 NW 8th Avenue, said that when this project was reviewed by the Planning & Development Board, there were a number of people who had concerns related to thio authority and duty of the board to consider and recommend, after a determination of facts, that the applicant would not generate excessive traffic, provoke overcrowding or concentration of~ people, that the development would be in harmony with present and future developments of thio area and encourage the most appropriate use of land. The board did not respond to the public and Mr. Tedtmann felt the people were left out of the process. The 20 units per acre c~me about because of the land price that the developer either paid for the property or was a~ticipating in terms of getting a commercial designation and developing a shopping center. GIeed is involved. Burt Frehopf, Commercial Realtor representing the property owner, reported that in 21~/2 years of working on this particular property, he did not have one inquiry to develop it as commercial property. He has had a great deal of interest in developing multi-family and the incentive to build is that it must be large enough so that the economics of the project can s~pport quality development, amenities and proper management. A market study was done arid presented to staff and it substantiates that in coming years, the demand will exceed the 11 MEETZNG MTNUTES REGULAR CZTY COMMZSSI'ON BOYNTON BEACH~ FLORZDA DECENIBER 21~ 1999 supply. Mr. Frehopf said it is normal for a property management company to keep a "For Rent" sign on the property. one of the things that was always intended is to go for the zoning where the density would fit. St~ff advised the applicant that a site plan can be developed concurrent with the process and ween it goes for final public hearing, the applicant will address issues such as lighting, height, setbacks and landscaping. This project will not be a "Homing Tnn" project. A developer does not build a $20 million project and not manage it properly. If it had to be developed as a small project, the property would remain vacant. The Winn-Dixie project never developed because of title ownership problems that took a long time to resolve. There has been no interest in developing condos on this site. The parcels that are available to the south and north are only a couple of acres in size. Sixteen acres or more are needed to develop this type of project. The applicant would commit to making a project that is not intrusive and is as compatible as possible while still being economically viable. He requested that the Commission allow the applicant to go forward with the application to the State and address the issues that have arisen. The applicant does not plan to have a 100' high building. At the present time, the applicant is considering a maximum of three stories. A site plan has been developed with one tWo-story building close to Federal Highway and the balance of the buildings would be three stOries. A resident of I Colonial Club Drive said that at the Planning & Development Board meeting on December 14th, it was her impression that the voices of objection were not heard. Their main concern appeared to be that this development would increase the tax base for the City. She is concerned about two and three-bedroom apartments because children would be involved. Tn addition, it would involve an increase in traffic, maintenance and repair. Tt is difficult for the residents of Colonial Club to exit onto Federal Highway now. She urged the Commissioners to consider the residents who are already in place. A member of the audience approached the podium and said she attended the Planning & Development Board meeting and felt that the architect was part of the process. She felt the beard members were too quick in making their decision. DOnna Amato, 28::L3 SE 5th Circle, questioned why a developer would want to build this type o4 project next to the "Homing Tnn" where there is prostitution and drug dealing. She is ol~posed to anything else coming in. She can't imagine anyone wanting to live next to the "Homing Inn". W~H NO ONE ELSE WTSHING TO SPEAK ON THTS APPLTCATION, MAYOR BROEN]:NG CLOSED THE PUBLIC HEARTNG. Mir. Miller reminded the Commissioners that Mr. Frehopf addressed the fact that the applicant will continue to work with the residents through the site plan process. COmmissioner Denahan pointed out that the neighbors are concerned about urban blight. They a~e not opposed to development of the property. Commissioner Denahan said that in order for 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 her to support the project, she would have to feel comfortable that she is not promoting urban blight. She wants to ensure that she is protecting all of the residents of the City. Commissioner Denahan asked if the applicant would be amenable to a 200' wide strip adjacent to the FEC. It is felt that more greenspace would keep the buildings away from the railroad tracks and the housing stock would be more comfortable and would dissuade transients. Mr. Miller said he listened to this recommendation at the Planning & Development Board meeting and it is something the applicant must consider when the site plan is finalized. It would be to the developer's benefit to buffer the project from the railroad tracks. My. Frehopf pointed out that a 200' strip would take about 25% of the property and it would wi!nd up being a 400' to 500' stretch that goes nowhere. Mr. Frehopf said he has heard that there are vagrants in the area and he feels the best thing to do would be to fence the property and develop the property to its fullest. That greenway would encourage intruders. The intent isto have an adequate setback from the railroad. This issue would be part of the site plan p~ocess. COmmissioner Denahan reminded Mr. Frehopf that the Seacrest Scrub exists to the west of the p~operty and it would be a linkage. Mr. Frehopf pointed out that the Seacrest Scrub is on the other side of the railroad tracks. COmmissioner Denahan asked for clarification of the requirement for open space per apartment unit. M~. Miller advised that this was a site plan issue. Mr. Miller was unsure of the requirement but was certain the requirement would far exceed the requirement for a commercial development. VVlith regard to the 200' corridor and the concern about urban blight, Mr. Miller felt this would p(omote transients using the area. He felt it would be better to plant it and buffer it properly and include the proper development regulations to control this problem. Cqmmissioner Denahan recommended that this project be planted with native vegetation and b~ffered. Mr. Miller reminded Commissioner Denahan that this was also a site plan issue that would be considered during the process. He felt confident the applicant could accommodate thie issue of native vegetation. COmmissioner Weiland is in favor of residential versus commercial, but expressed concern with the wording of "Special High Density Residential". He also expressed concern about the b~ffering. He would like to See mature trees, not 8' to 10' trees and perhaps a buffer on the north end along the railroad tracks as well. Vi~:e Mayor Tillman questioned whether language could be placed in the approval that the piOperty would revert back if it is not used for what it was intended. Attorney Cherof re~sponded negatively, but said the property owner could voluntarily provide a deed restriction. Mr. Miller pointed out that the 100' height that was mentioned earlier is extremely excessive for th!is type of project. Staff has recommended greater than normal setbacks than what is normal 13 MEETZNG MZNUTES REGULAR C]:TY COMM'rSSI'ON BOYNTON BEACH, FLORZDA DECEMBER 21, 1999 as: building heights are increased. Within the buffer areas there will be native vegetation. The applicant would not be opposed to a condition being imposed on the site plan regarding the planting of mature vegetation. Mr. Frehopf advised that he is currently involved in contract terms, conditions and negotiations with the developer. There are five or six other people who are interested in this property if this particular developer does not move forward. lVlayor Broening asked Hanna Matras about her comfort level relative to the market study, lVls. Matras said there is a demand for this type of project. She further advised that Boynton Beach has had a population increase of 3.5% that is much higher than expected. From a marketing standpoint, this project makes sense. Commissioner Weiland reported that he received phone calls, letters and a petition from residents requesting that the Commission table this item until the second meeting in January when more residents will be back in town after the holidays. With respect to the issue of buffering the railroad tracks, Commissioner Denahan pointed out that the recreation requirement per dwelling unit is 0.18 acres. For 320 units, this amounts to 5.76 acres. However, if certain amenities were included in the development, the amount of land would be cut down. Mr. Miller explained that it would be counted as open space and recreational amenities for the property. Commissioner Denahan said she wants to ensure success for this project and for our current and future residents. She would be willing to support the project if she could get title to the strip of land so that it will remain undeveloped. Mr. Frehopf said there would be a three-acre lake in the middle of the project. Tf the developer devotes the strip of land, they will have to cram all of the buildings together. While this application is at DCA, the site plan will be developed. Tf the Commission does not like it when it is presented, it will not be approved. He reminded the Commissioners that it is to the owner's benefit to come up with something that is well designed. This process will allow the developer to go forward with the application process. He recommended that the Commission approve the project subject to approval of the site plan. The applicant cannot get the project approved unless there is a site plan that matches the project. Attorney Cherof confirmed for Commissioner Weiland that the height limit was expanded to 100' inthe Central Business District and portions of Quantum Park. Mayor Broening summarized that the vote this evening is to forward a request for rezoning to the DCA. At another hearing, the Commission would approve the rezoning. MS. Galav explained that this aPproval is just for transmittal of the Land Use Plan Amendment. We are allowed to do this twice a year on a large scale. This Amendment will go forward with 14 MEETTNG MZNUTES REGULAR CZTY COMMTSSZON BOYNTON BEACH~ FLORZDA DECEMBER 21~ 1999 the EAR based amendments. These two items must go forward together. The Commission is now considering two amendments for the same piece of property. One amendment is to the Future Land Use Map that would change it from Commercial to Special High Density Residential and the second amendment is to the support document section that was adopted with the Comprehensive Plan that relates to land use problems and opportunities and a table that goes with it. Tt is a text amendment. The Commission would vote separately on the map amendment and the text amendment. Tf the Commission agrees to transmit the amendment, it will go forward to the DCA with the EAR based amendments and be reviewed. After their review period, they will transmit objections, recommendations and comments and we will make the final revisions at that time. This amendment will come back to the Commission for adoption hearings. At that time, the rezoning will be presented. The Commission is not currently dealing with the rezoning. Ms. Galav explained that the City's Code requires the application for a Land Use Plan Amendment to be accompanied by a rezoning. The applicant must submit both, but they cannot be approved at the same time. MOtion Vice Mayor Tillman moved to amend the Future Land Use Map from LRC to Special High Density Residential SH. Commissioner Weiland seconded the motion that carried unanimously. MOtion ViCe Mayor Tillman moved to approve the text amendment that will apply to Planning Area 1.P as described in Section VTIT, Land Use Problems and Opportunities of the Future Land Use Element Support Document, Pages 89 and 90. Section A was approved and adopted by the plan in Policy 1.17.3 of the Future Land Use Element. Commissioner Weiland seconded the motion that carried unanimously. MAYOR BROENTNG DECLARED A BRTEF RECESS AT 8:2S P.M. THE MEETTNG RECONVENED AT 8:3S P.M. Project Name: Applicant/Agent: Owner: Location: Description: BAPS Temple .lay Patel BAPS Development, Inc. SE 18th Avenue, north of SE 23rd Avenue, east of the FEC Railroad tracks and west of Federal Highway Request conditional use approval for the construction of a temple facility including ancillary education and youth recreation accommodations to be built in two phases with a total building area of 31,570 square feet on 3.97 acres Attorney Cherof administered the oath to all that would testify during this quasi-judicial p¢oceeding. 15 MEET?NG M'rNUTES REGULAR CTTY COMMi'SSTON BOYNTON BEACH~ FLOR]:DA DECEMBER 21~ 1999 Ms. Galav advised that this is a conditional use and site plan for a temple to be constructed in split zoning. The zoning of the property is R-3 and C-3. When the applicant brought the proposal to staff, the site plan was different and the building was located on the R-3 portion of the parcel. Both R-3 and C-3 allow construction of a church; however, R-3 allows it by conditional use. Staff agreed to process the application as a conditional use. The site plan changed through the TRC process and the structure is now totally on C-3 property. Only the parking lot is now located on the R-3 portion of the parcel. There are conditions that are going forward with the application and the applicant has agreed to those conditions. Ms. Galav said the applicant was ready to address issues that were raised at the CRA meeting. .lay Patel, Project Manager, is a Professional Engineer. The applicant is presenting Phase T of the project that is an 8,000 square foot building. At a later date, the applicant will add 20,000 square feet depending on the community's response. At the present time, the church serves 30 families. Tn response to Mayor Pro Tom Sherman, Ms. Galav advised that staff received a response from Palm Beach County on the regular traffic study that had to be submitted to them. They have recluired some additional information. The applicant has prepared that information and will be working with Palm Beach County to gain their approval. The applicant distributed information on the anticipated generation of traffic based on an ITE rate. The applicant has also spoken with the Boynton Beach Police Department relative to the issue that was raised at the CRA regarding contracting an off-duty Police Officer to assist with directing traffic when services conclude. Mr. Patel confirmed that he spoke with Lt. Ron Esposito who advised that an off-duty officer could be contracted to direct traffic. On special occasions, the temple will contract with the POlice Department for this service. The congregation meets once a week on Sunday between 4:00 and 6:00 p.m. Most of the surrounding properties are closed during that time. Commissioner Denahan asked if the applicant was willing to include a stipulation to include a cdntract to use the Boynton Beach Police Department every time a service is held. Mr. Patel re~sponded negatively, but said they would provide this service on special occasions when large crbwds are expected. Commissioner Denahan pointed out that the applicant is anticipating expanding the church in thee future. Mr. Patel said that the applicant would comply with a directive from the Police Department if it were deemed necessary. COmmissioner Denahan said she would like a stipulation included in the conditions of approval stating that the applicant would ensure this service. She is concerned about the property rights of property owners on 20th Street and 18th Street. t~ Patel said the applicant is willing to work with the neighborhood and if there is a need for service, they will provide it. 16 F MEETZNG MZNUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH~ FLORZDA DECEMBER 21~ 1999 Vice Mayor Tillman was of the opinion that the Commission could not tie in a stipulation that may not be in the development rights. Although it is important to deal with the issue of traffic grOwth, the entire area needs to be reviewed. This should be addressed with the influx of people and as traffic increase. In response to Mayor Broening, Matt Immler, Assistant Police Chief advised that the Officers who are on patrol monitor all traffic patterns. Through investigation and monitoring, if the Police Department determines the problem is ongoing, they would meet with the property owner and make the suggestion regarding hiring off-duty Officers. Attorney Cherof advised that the kinds of conditions of approval the Commissioners should be making are related to zoning - not operational issues. He would not support attaching that type of condition. MOtion Vice Mayor Tillman moved approval. Commissioner Weiland seconded the motion that carried udanimously. Project Name: Agent: Owner: Location: Description: KENMONT Diane Hileman, Esquire Mr. Oris W. Walker 707 NW 3rd Street Request for abandonment of that alley segment that abuts 707 NW 3rd Street Mr.. Sugerman said he spoke with the attorney representing the agent and he requested tabling this item until the January 18th City Commission meeting. MOtion COmmissioner Denahan moved to table the request for abandonment of the alley for 707 NW 3r! Street until the .~anuary 18, 2000 meeting. Commissioner Weiland seconded the motion that carried unanimously. Project Name: COMPREHENSTVE PLAN - EAR-BASED AMENDMENT (excluding School Siting & Zntergovernmental Coordination) Agent: City of Boynton Beach Description: Request to transmit the Evaluation and Appraisal Report (EAR)-based amendments to the Comprehensive Plan as required to update the goals, objectives and policies, and Future Land Use map in accordance with State law, the Evaluation and Appraisal Report, and City direction 17 MEETING MZNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLOR/DA DECEMBER 21f 1999 Ms. Galav advised that the Commissioners could approve this request; however, the consultants were not present because the Planning & Development Board asked for additional time to review the amendments. MOtion COmmissioner Weiland moved to approve. Vice Mayor Tillman seconded the motion that carried unanimously. VTIT. B:[DS: None TX. DEVELOPMENT PLANS: None X.i NEW BUSTNESS: Approve Special Event Permit for Calvary Chapel "Renewal 2000" event on February 24-27, 2000 subject to tent inspections by City officials 30seph Massey, Chairman, said this is a religious event of area churches. Five or six churches will get together at the end of February in the evening and possibly on Sunday at the noon service. All ethnic backgrounds will be included. Motion ViCe Mayor Tillman moved approval. Commissioner Denahan seconded the motion that carried unanimously. X][. . LEGAL: A. Ordinances- 2nd Reading - PUBLTC HEARTNG Proposed Ordinance No. 099-34 Re: Amending Chapter 2 Zoning, Land Development Regulations; by creating a new Section 11 (A), Newsrack Regulations within the Central Business District and the Community Redevelopment Area Attorney Cherof read Proposed Ordinance No. 099-34 by title only. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO w~SHED TO SPEAK ON THIS ORDINANCE. 18 MEETING MTNUTES REGULAR CITY COMMTSSTON BOYNTON BEACHf FLOR]DA DECEMBER 21f 1999 Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. O99-34. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances- :].st Reading Proposed Ordinance No. 099-36 Re: Vacant property consisting of 5.89 acres of land (Lowe's Home Center); amending Ordinance 89-38 of said City by amending the Future Land Use Element of the Comprehensive Plan of the City by adopting the proper land use of certain property from Industrial to Local Retail Commercial Attorney Cherof read Proposed Ordinance No. 099-36 by title only. MOtion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-36. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 099-37 Re: Regarding the application of Richard Basehart of Basehart Consulting, Inc., Agent for Woolbright Partners, Inc., (a 5.89 acre parcel at the southwest corner of T-95 and Woolbright Road, approximately 390 feet south of Woolbright Road) amending Ordinance 91-70 by rezoning a certain tract of land from Planned Industrial Development District (PTD) to~ C-3 (Community Commercial) Attorney Cherof read Proposed Ordinance'No. 099-37 by title only. MOtion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-37. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 099-38 Re: Amending Chapter 2 Zoning, Land Development Regulation Section 6 (E)(:L); providing that all applications for conditional uses located within the Central Business District and the Community Redevelopment Area shall be considered and reviewed by the Planning and Development Board; providing that each and every other section of Chapter 2 not specifically amended shall remain in full force and effect Attorney Cherof read Proposed Ordinance No. O99-38 by title only. 19 MEETING MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORZDA DECEMBER 21, 1999 Motion ViCe Mayor Tillman moved to approve Proposed Ordinance No. O99-38. Commissioner Weiland seconded the motion. Commissioner Denahan said she previously suggested that this automatically be sent to the COmmission once the CRA membership changes. She believes that will happen anyway, but the wOrding should have been included. citY Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: Proposed Resolution No. R99-165 Re: Ratifying the 1998- 2000 collective bargaining agreement between the CitY of Boynton Beach and the Police Lieutenants Fraternal Order of Police Attorney Cherof read Proposed Resolution No. R99-165 by title only. MOtion Vi~e Mayor Tillman moved to approve Proposed Resolution No. Weiland seconded the motion that carried unanimously. 2. TNTENT~ONALLY LEFT BLANK R99-165. Commissioner 3. TNTENTTONALLY LEFT BLANK Proposed Resolution No. R99-166 Re: Authorizing the Mayor and CitY Clerk to execute a contract for purchase and sale of real property between the City of Boynton Beach and the Town of Ocean Ridge Attorney Cherof read Proposed Resolution No. R99-166 by title only. This involves the sale of real property between the Town of Ocean Ridge and the City of B0ynton Beach. Tn the contract there are exhibits that refer to the legal description. We have not yet received the legal description or surveys supporting it. He requested that the approval b~ conditioned upOn City Attorney's review of those documents. There are also a few other m!nor points in the language of the contract. The motion should be subject to those also. Dee Zibelli, 440 Ocean Parkway, expressed concerns about the sale of this property and the need for additional beach parking. (A copy of Ms. Zibelli's remarks is attached to the original set of these minutes on file in the CitY Clerk's Office.) 20 MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLOR.TDA DECEMBER 21, 1999 Ed Tedtmann spoke on behalf of his wife who could not be present. He said his wife had the same concerns as Ms. Zibelli. He pointed out that parking is at a premium at Gulfstream Beach and the same thing will happen at Boynton Beach. MOtion Commissioner Denahan moved to approve Proposed Resolution No. R99-166i Vice Mayor Tillman seconded the motion that carried unanimously. Proposed Resolution No. R99-167 Re: Authorizing and directing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Town of Ocean Ridge providing for cooperation between the parties concerning the use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean Ridge Town Hall Attorney Cherof read Proposed Resolution No. R99-167 by title only. M~)tion ViCe Mayor Tillman moved to approve Proposed Resolution No. W ~iland seconded the motion that carried unanimously. At pr R99-167. Commissioner Commissioner Weiland announced that when the Commission addressed pUblic Hearing Item E, he was under the impression that he was making a motion to postpone the item until the December 28th meeting. ~orney Cherof explained that he could move to reconsider the item since he was on the ~vailing side. T!~ere was agreement among the Commissioners that the item would be readdressed at the end o~the meeting. D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #98-2166 (2015 S. Federal Highway) from $8,350 plus $634.12 in administrative costs to $634.12 The Commission acknowledged the request to table this item. 21 MEETING MTNUTES REGULAR CTTY COMMISSTON BOYNTON BEACH, FLOI~DA DECEMBER 21, 1999 MOtion COmmissioner Denahan moved to table to the January 4th meeting. Mayor Pro Tem Sherman seconded the motion that carried unanimously. b. Rescind the fine in Case #98-1387 (2300 NW 1't Street). The original fine totaled $9,650 plus $730.15 in administrative costs. SCott Blasie, Code Compliance Administrator, reported the board voted 6-1 to rescind this lien in total based on the fact that this is an owner-occupied residence where the owner is attempting to refinance his mortgage. The property is in compliance. MOtion ViCe Mayor '1311man moved approval of the Code Compliance Board action. Commissioner Denahan seconded the motion that carried unanimously. Accept the agreed upon settlement with plaintiff in the amount of $45,000 in the case Warren D. Evans v. City of Boynton Beach MOtion ViCe Mayor Tillman moved approval. Commissioner Weiland seconded the motion that carried unanimously. XiI. UNFINISHED BUSINESS: Carsrud - Southwest corner of NE 7th Street and NE 8th Avenue - Request relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum side (corner lot) setback of 25 feet, to allow a 10 foot side setback variance, or a side setback of 15 feet to construct a single- family dwelling (TABLED 0N.~2/7) MOtion Vi4:e Mayor Tillman moved to remove this item from the table. Commissioner Weiland seconded the motion that carried unanimously. Mr. Carsrud said the soil test was done and he has learned that a piling will have to be used. If h~ is required to build a two-story residence, a hardship will be created because he would have t° change the piling system. The piling he was planning to use would cost between $8,000 and $~0,000. The two-story structure would require a piling system that would cost approximately $ 4,0oo. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA DECEMBER 21, 1999 Tn addition, Mrs. Carsrud has a disability from an accident and has lost 30% to 35% of the use of her left ankle. Mr. Carsrud is planning to retire in 19 months and will have hip replacement surgery. He would not be able to climb stairs. Mr. Carsrud said that at the last meeting there was a statement made that most corner lots have setbacks. He said he is in a residential area and has looked at other residential areas. Many of the houses do not have side setbacks. He said he would understand the requirement if he was on a high-traffic corner lot. ~[n response to Commissioner Denahan, Attorney Cherof confirmed that financial issues do not co!nstitute a hardship. Variances must relate to a unique configuration of the land that makes it impossible to develop. Although Commissioner Denahan would like to see the property developed, she pointed out that Mr. Carsrud did not justify a hardship. Attorney Cherof explained that although this may not be appropriate for a variance, there may be properties around this part of Boynton Beach that may warrant a review from a Code point of view. He suggested that the Commission look at them all together so that variances are not required, but the properties would be more developable than they are in their current status. Mayor Broening said this is a long-term objective of his. Rather than have a Code that says "one size fits all'; there should be a Code that recognizes the difference between communities and where there are preexisting, presently non-conforming issues, if they match the neighborhood, our variance procedure should address that. We do not have that now, but we should. This is an issue that must go on the front burner and be addressed in a sensible way. MOtion ViCe Mayor Tillman moved to deny the request for relief from Chapter 2, Zoning, Section 5(iD)(2)(a) requiring a minimum side (corner lot) setback of 25 feet, to allow a' :LO-foot side setback variance, or a side setback of 15 feet to construct a single-family dwelling. COmmissioner Denahan seconded the motion that carried 4-1. (Mayor Broening dissented.) Carsrud - Southwest corner of NE 7th Street and NE 8th Avenue - Request relief from Chapter 2, Zoning, Section S(D)(2)(a) requiring a minimum rear setback of 2S feet, to allow a 10 foot rear setback variance, or a rear setback of 1S feet to construct a single-family dwelling (I'ABZ£,O 0N.~2/7) MOtion Vice Mayor Tillman moved to remove this item from the table. Commissioner Denahan seconded the motion that carried unanimously. Mayor Broening announced that the Planning & Development Board approved this request. 23 MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLORIDA DECEMBER 2'1~ 1999 MOtion COmmissioner Weiland moved to approve Item XII-B. Vice Mayor Tillman seconded the motion that carried 4-1. (Commissioner Denahan dissented.) COmmissioner Denahan pointed out that Mr. Carsrud did not prove that a hardship exists. Attorney Cherof agreed that the same standard applied to this hardship that applied to the previous case. COmmissioner Weiland withdrew his motion and viC~ Mayor Tillman withdrew his second. MOtion COmmissioner Denahan moved to deny. Vice Mayor Tillman seconded the motion that carried 4-~. (Mayor Broening dissented.) Cm Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round ZZ! Core Grant Program (7.ABZ£D ,47' NOV£MB£R .~6~'~ M££7.~NG) Mr. Sugerman reported that Investments Ltd. provided some of the required information, but not all of it. Mr. Sugerman recommended that since the agenda submittal deadline for the January 4th meeting is tomorrow, this item should remain on the table until the meeting scheduled for ,lanuary 18t". With respect to Scully's Market, Mr. Sugerman reminded the Commissioners that Mr. Scully submitted something to the City Manager's Office that contemplated withdrawal of his request. Mr. Sugerman recommended tabling this request to the January 18th meeting. D. Zssue paper concerning Negotiations about Zntracoastal/Boat Club Parks Mayor Broening explained that staff provided an issue paper that outlined strategies and objectives. COmmissioner Weiland said it would be necessary to determine whether this area would be a park or a mixed-use development. Mayor Broening felt the issue at hand was an extension of time for the grant. He felt that the pr!mary issue concerning the County relates to boat trailers and tow vehicles parked on Federal Highway. One of the original solutions was to include 27 of those trailers and pickup trucks on the first part of the 10 acres. IVlayor Broening said this would pose operational and aesthetic prOblems regardless of the use that is selected for the 10 acres. It would be ludicrous for a 24 MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH~ FLORZDA DECEMBER 21~ 1999 boater to put his/her boat in the water, drive 1/4 of a mile to park and then walk back to the boat while it sits in the water. Mayor Broening agreed that the trailers need to be removed from Federal Highway. Staff has proposed some solutions for this problem with clever designs for additional places within the existing Boat Club Park and the possibility of closely adjacent property that could accept the additional overflow. Commissioner Denahan noted that the Commission needed to designate primary and secondary rePresentatives. Vice Mayor Tillman and Commissioner Weiland were nominated to represent the City during these negotiations. Tn an attempt to achieve consistency, Commissioner Denahan suggested that Commissioner Weiland be designated as the primary representative in the event the negotiations continue on past the expiration of Vice Mayor Tillman's term. Vi~e Mayor Tillman did not anticipate that the negotiations would continue on past his term lir~it. He pointed out that he has a long-term background on the issue. ~[t is his opinion that these negotiations would involve maintenance of the grant and the issues associated with it. Resolution of this issue should have occurred more than a month ago. Therefore, this issue will ndt lay on the table. M~yor Broening advised that two of the County Commissioners have already indicated that they ar~ anxious to resolve this issue quickly. The original deadline for this grant is March. Mayor Pro Tem Sherman was of the opinion that since Vice Mayor Tillman was involved in the OCean Ridge negotiations, Commissioner Weiland should be the primary representative as a matter of equal distribution. COmmissioner Weiland advised that he has a very flexible schedule and would be able to meet with County representatives at their convenience. Vice Mayor Tillman said scheduling would not be a problem for him. He felt it was important to have the knowledge and understanding of what was going on. Vice Mayor Tillman expressed his opinion that the representative should be the person who has had the full range of the COmmission and he is that person. Vice Mayor 'l~llman said he should not be left out of these negotiations. COmmissioner Denahan said she is concerned that the negotiations will be drawn out and she wants to see consistency. Tn addition, she recommended that Items 5 and 6 be deleted b~cause the use of decals is a City of Boynton Beach issue that must be discussed by the City Cgmmlss~on. Vice Mayor Tdlman agreed w~th Commissioner Denahan. Commissioner Denahan further recommended that Item 8 be deleted because it should not be a consideration at this point. She felt the focus must be on renegotiating how the City can get the grant money and m~ke it a "win-win" situation. The City should not consider not getting the money. M~yor Pro Tem Sherman thought it might be wise to include Item 8 in case the negotiations do not go as well as we would like them to go. 25 MEETTNG MZNUTES REGULAR C~'TY COMMTSSt'ON BOYNTON BEACH~ FLORZDA DECEMBER 21f 1999 Vice Mayor Tillman pointed out that this document was a position paper. As the negotiator, he would not explain where the City was on this because it would limit his ability to negotiate. When Commissioner Denahan expressed concern about the Commissioners knowing what would be negotiated, Vice Mayor Tillman explained that following the discussions, the representative would return to the Commission to discuss the issues. Commissioner Denahan felt it was the Commissioners' responsibilities to set parameters. She said she would not consider Items 5, 6 or 8 as the parameters. Mayor Broening questioned whether it would be possible to point out during the negotiations that the Commissioners are anxious to find a home for the boat trailers and tow vehicles, but not on the 10 acres. He felt everything else would be open to discussion. COmmissioner Denahan reiterated that Ttems 1, 2, 3, 4 and 7 should be parameters for the discussion. COmmissioner Weiland agreed with Mayor Broening that it is necessary to find a different home fol' the additional parking spaces regardless of the eventual use of the 10 acres. We should negotiate putting that parking in a different location. COmmissioner Weiland inquired about the language involved when the County offered the money for the parking spaces. He questioned whether it was for any use or for a 10-acre park and whether the County would withdraw the money if the parcel were not developed as a park. Attorney Cherof said he was unsure whether the agreement reflected that intent. He offered to research this issue. The intent was for the County to expend money to receive in return their waterfront park capabilities. .lo!hn Wildner, Parks Superintendent, advised that the County apProached City staff early on in th~ discussions to express their concern for additional boat trailer parking. They brainstormed wi~h staff to determine how to accomplish additional boat trailer access to the Tntracoastal W~aterway. The first interest was in providing ramps. When it was discovered that Johnson G~ass existed in the Intracoastal Waterway, the focus moved to providing additional parking. T§ey began with a request for 75 additional boat trailer spaces to address the problems that oC~curred on Federal Highway on weekends. Tt was decided that 20-25 spaces would be placed on the Tntracoastal Park site. It was City staff's position to try to find funding for a passive park. Tt became a marriage of the County's desire to provide additional access for boat use and the City's desire to fund a passive park. In response to Mayor Broening, Mr. Wildner stated that the City has not received any money fr(~m the County since Boat Club Park opened. MI Sugerman asked Mr. Wildner~ if the $1.875 million was done by an Interlocal Agreement. Mi Wildner responded affirmatively. Mr. Sugerman questioned whether or not there is la(~uage in the Tnterlocal Agreement that specifically stipulates what the County expects in return for that money. 26 MEET'rNG MI'NUTES REGULAR C'rTY COMM'rSSI'ON BOYNTON BEACH~ FLOR.I:DA DECEMBER 21, 1999 Mr. Wildner said one of the sections of the Interlocal Agreement stipulates that the City agrees that at a minimum, it would design and construct 75 additional boat trailer parking spaces to serve the boat ramps at Boat Club Park. It is the intent of this agreement to maximize the number of boat trailer parking spaces..at Boat Club Park. A minimum of 50 spaces shall be constructed at Boat Club Park. The remaining balance of the 75 spaces shall be placed at Intracoastal Waterway Park to be used as overflow parking for Boat Club Park. Vice Mayor Tillman realized that the basis of the Agreement was that the County wanted more trailer parking. Mr. Wildner said that was probably true. However, he pointed out that the City "married" its desire to have a passive park with the County's desire for additional access. Tn order to get the C°unty to fund the construction of a passive park, the City agreed to construct 75 additional parking spaces. The County might consider relocating 25 of those spaces at a nearby site. Vice Mayor Tillman said the issue of the passive park was included to appease the people at Watersedge. The word "passive" was used to gain the residents' consent. Vice Mayor Tillman said the word "park" wasn't used per se to say we were going to build a park. The passive park was used because we were trying to please the people at Watersedge so that they would not go against what we were planning to do in that location. Mr. Wildner pointed out that there was a master plan. Tt was definitely a park and there was no question that it would be anything else. COmmissioner Weiland does not feel there is a question about the County giving us the $750,000 for the 50 spaces at Boat Club Park. However, the City wants to use the $1.8 million roi construct the park. Tn order to get that money, we must give the County the additional parking spaces. The location could be negotiated and perhaps the City could purchase a parcel foe that parking. Mr. Wildner advised that from his discussions with staff, it is his opinion that this would be "dOable". 'Mayor Broening agreed. COmmissioner Denahan felt that Items 1, 2, 3, 4 and 7 were interrelated. Mike Fitzpatrick pointed out that when this item was raised at a Recreation & Parks Board m~eting, one of the considerations was the length of the agreement and the length of time the city would be required to provide parking. Commissioner Denahan said Boat Club Park would be in perpetuity and the 10-acre site would be for 30 years. Ed Tedtmann reminded the Commissioners that Boat Club Park provided a limited number of slips and parking spaces. When there is an overabundance of users, fist fights break out. The COunty is responding to political pressure to bring in more boat traffic. Mr. Tedtmann suggested that the city erect "No Parking" signs along the area. 27 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACHf FLOR2DA DECEMBER 21f 1999 Motion ViCe Mayor Tillman moved to approve Items 1, 2, 3, 4 and 7 as the core of what we intend to do. Commissioner Denahan seconded the motion that carried 5-0. Motion Commissioner Denahan moved that Commissioner Weiland be the primary representative with the designated Vice Mayor Tillman as the secondary representative. Commissioner Sherman seconded the motion that carried unanimously. XIII. OTHER: Reconsideration of Ztem VZZ-E. COMPREHENSZVE PLAN - EAR-BASED AMENDMENT (excluding School Siting & Tntergovernmental Coordination) Commissioner Weiland said he misunderstood what the City Attorney stated and he would like to reconsider removing his motion and move to postpone this until the December 28th meeting. MOtion Commissioner Denahan moved to reconsider Item VII-E. Mayor Pro Tem Sherman seconded the motion that carried unanimously. Attorney Cherof advised that the Commission could move forward with transmitting the amendments or table the item so that the Planning & Development Board could provide further input to staff. Ms. Galav added that if the Commission were to table this item, it would be tabled to the next Ci~ Commission meeting scheduled for January 4th. The Planning & Development Board will hear this item at their meeting on December 28th, M~. Sugerman advised the Commission that they could transmit the document and this would place it in the DCA pipeline. The Planning & Development Board and City Commission could still review, research, modify and amend while it is in the DCA pipeline. Commissioner Weiland asked for an explanation of the repercussions of not moving forward with it at this time. Ms. Galav advised that the amendment on Villa Del Sol and the EAR amendments must be submitted together. If the EAR amendments were postponed, the transmittal of the Villa Del Sol amendment would also be postponed. These items must be transmitted together as a package. COmmissioner Denahan asked about the benefit of delaying the transmittal. Ms. Galav advised that the Planning & Development Board requested more time to review the amendments. If 28 MEETI'NG MTNUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH~ FLORZDA DECEMBER 21, 1999 the Commission votes to transmit the amendments, we still have the option of reviewing and submitting changes. Once we receive the review from DCA, we must respond to their comments. Motion Commissioner Weiland moved to transmit the EAR Report as approved and it is subject to further amendment al~er the Planning and Development Board has reviewed it. Mayor Pro Tem Sherman seconded the motion that carried unanimously. XI'V. AD.1OURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:50 p.m. ATTEST e, ut city Clerk ~F6ur Tapes) CITY OF BOYNTON BEACH Mayor Pro Tem Commissioner 12/23/1999 3:27 PM 29 The Board of' Directors of Los ~angos Property Owners Association and the undersigned residents of Los Nangos ston¢lY ob~ee~ to the Zoning ChanCe and Comprehensive Plan C~ange as stated in the-letter from Boynton Beach Plying and Zonzno Division(undated) which requests the following: Request: Amend Euture Land Use Pl~_u from local retail to soecial high density residential(20'unit~ Dot ~cre) community Rezone from Cr~ommeroial to ?-3 ~ densit~,residsnti~l. Request · Amend Text of Co~prehensive NA~E o, o Section 1.p.89 & 90. UNIT # The Board of' Directors of Los Mangos Propeety Owners Association and the undersigned residents of Los Kangos ston¢ly, objec~ to the Zoning Change and Comprehensive Plan Change as stated in the letter ' m Division(undated) which from Boynton Beach Planning ~nd Zonzn~ Kequest~ Amend Text of Co~aprehensive Plan: NA~E requests the following: Request: Amend ~uture Land Use Plain from local retail to special high density resideutial(20 units per acre) community Rezone from C~.~c~meroi~l ~~h-densit~,residential' Section 1.p.89 & 90. UNiT # The Board of-Directors of Los Mangos Propeety Owners Association and the undersigned residents of Los Mangos stonily object to the Zoning Chan~e mad Comprehensive Plan C~ange as stated in the letter from Boynton Beach Planning and Zoning Division(undated) which requests the following, Request, Amend Future Land Use Plmu from local retail to special high density residential~'~~er acre) community Request~ Rezone from C~comm~roial to ~-3.hi~wh density residential. ~kmend Text of Co,~'~rehensive%Pl~u: Section 1.p.89 & 90. NAME The Board of' Directors of Los ~angos Property Owners Association and the undersigned residents of Los Mangos ston~lM ~,~ect to the Zoning Ch~n~e and Comprehensive Pl.mu C~ange as sta, ted in the letter from Boynton Beach Planning and Zoning Division(undated) which requests the following: Request: Request~ ~mend Future Land Use Plsm from local retail to special high density resideutial~d--units Der acre) co~unity Rezone from C.-~c0mmercial to~~h_~nsit~ residential. ~mend Text of Comprehensive Plan: NA~E Section 1.p.89 & 90. UNIT # 7 Carmela Jill Masterman 9 Colonial Club Drive #101 Boynton Beach, Fl. 33435 11/24/99 City of Boynton Beach Planning & Development Board 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Fl. 33425-0310 Gentlemea and Ladies of the Commission, RE: Zoning Change on parcel at the comer of Dixie Hwy and F6deral Hwy from Cofnrnercial to Residential. Some of the Voting Members of Boynton Beach, fi.om Colonial Club Condominium, Sterling Village, Hampshire Gardens, and Los Mango's signed the enclosed petition to ask the Commissioners to change the dates, when you will discuss and determine the above zoning change. Those dates are now December 14th and December 21st.. Most of the residents of these communities are senior citizens, that commute to other area's at this time to celebrate the HOLIDAYS with their families. They are very concerned about the above zoning change and wish to participate in the meetings but will be unable to do so unless the dates are changed. I would hope that the commissioners would not make changes without hearing fi-om the citizens of our communities. Kindly change the dates of these hearings. Yours very truly, Carmela Jill M~a~}termani Enclosed: Copy of Signed Petitions cc: Gerald Broening, Mayor of Boynton Beach. cc Henderson Tillman, Vic Mayor cc: Ronald Weiland Commissioner cc Nellie Denahan, Commissioner cc: William A. Sherman, Commissioner. DEE ZIBELLI-440 Ocean parkway,BB MR. MAYOR, Commissioners: I was more than concerned when I read Ms. Colavecchio's report on the upcoming sale of Boynton Beach property to the Town of Ocean Ridge. The lead was "OCEAN RIDGE WOULD SHARE PARKING WITH BOYNTON'. Isn't that wonderful of them. #1. It would appear that Mr. Henderson wants to sell the farm in his so-called negotiations with Ocean Ridge. #2. Can we forget that a few months back they wanted to have Boynton Beach post a $1,000 bond for activities on OUR BEACH, trying to regulate what we plan for the citizens of OUR CITY who paid for the beach. #3. A previous deal with the Town of Ocean Ridge left the North portion, which we also own, for the use of overflow parking for the beach for the residents of OUR CITY. Now, Mr. Henderson strikes a deal to sell both parcels, OUR PARKING LOT and the North portion to the Town of Ocean Ridge. #4. I can understand the needs of their town, but one must remember that having owned the present parking lot, we never, in all the years, charged Ocean Ridge for using it. They also have had the privilege of getting a beach decal for $10.00 per year, as our Boynton Beach proper residents do and not pay the $50.00 that our western residents must d°. We lost that revenue for property our residents paid for and for the upkeep of our beach which our residents are still paying for. Why have we been subsidizing Ocean Ridge? They are Presently, and will be moreso in the future, be dictating to the City of Boynton Beach what can or cannot be allowed on OUR BEACH. They are trying to be another Palm Beach and you know you cannot use the beach in Palm Beach because of the parking restrictions, restrictions which are now in place if the sale goes through. These include: 1. We cannot park in the parking lot during business hours or during commission meetings. Our beach is not open in the evenings, so if we cannot park during business hours, where would our residents or "snowbirds" park during the day when we want to use the beach??? I WOUI,D ASK, THAT BEFORE ANY contract IS OFFICIALLY SIGNED, .... THE RESIDENTS OF THE CITY OF BOYNTON BEACH HAVE THE OPPORTUNITY TO HAVE INPUT on said contract.. OR.... on that $500,00 sign by 1-95 that is to say "Welcome to Boynton Beach" ......... change it to WELCOME TO BOYNTON BEACH, IT'S FOR SALE!!!!!!. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Eckerd Drugstore APPLICANT'S AGENT: Bonnie Miskel, Universal Realty APPLICANT'S ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FI 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 21, 1999 TYPE OF RELIEF SOUGHT: Sign variance LOCATION OF PROPERTY: NW corner Boynton Beach Boulevard and US Federal Highway 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 MA'I-I'ER came on to be heard before the City Commission Of the City of Boynton Beach, Flodda 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. 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 X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Cl~rk J:~HRDATA~Ia~ing~RED~PROJECTS~ECKERD DRUGSTORE CC.d~ EXHIBIT "E" Conditions of Approval Project name: Eckerd Drugstore _ File number: ZNCV 99-017 (number of signs) Reference: Zoning Code Variance Application dated November 1 1999. PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FoRESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Place address on both sides of each monument sign. X ADDITIONAL CITY COMMISSION CONDITIONS ....... MWR!dim J:'~SHRDATA~PLANNING~SFIARED~VVP~ROJECTS'~,ECKERD ZNCV~.COND. OF APPR 12-3 P&D. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: VILLA DEL SOL APPLICANT'S AGENT: Bradley D. Miller, AICP APPLICANT'S ADDRESS: 6 Ramland Read, Orangeburg, NY DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: /.==,¢'~/~//~ TYPE OF RELIEF SOUGHT: Amendment to Comprehensive Plan Text LOCATION OF PROPERTY: DRAWING(S): NA Northwest corner of the intersection of Federal Highway (US 1) and Old Dixie Highway. 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 Applicant X 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 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other Transmittal of the amendments to the Department of Community review in accordance with Chapter 163 F.S. ~?'O.~ ~ City Clerk = ~ J:~SHRDATA~Ianning~SHARED~PROJECTS~VIt~ DEL SOL CPTA & LUAR~DO CC 12-21-99.d~ EXHIBIT "I" Conditions of Approval Project name: VILLA DEL SOL , File number: CPTA # 99-002,* Reference:.Future Land Use Text Amendmefft application prepared by Miller Land Planning Consultants, Inc. dated October 1 1999 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None U~LITIES COmments: None FIRE COmments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BI~LDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST COmments: None PLANNING AND ZONING Comments: X 1. The site design requirements should include variable north and south :setbacks based on project height: a) North side adjacent to residential district only 1) 1 story- 40 feet 2) 2 stories- 45 feet DEPARTMENTS INCLUDE REJECT 3) 3 stories- 60 feet 4) 4 stories - 100 feet b) South side adjacent to residential ~istrict only 1) 1 story = 40 feet ~ 2) 2 stories - 40 feet 3) 3 stories- 75 feet ~ 4) 4 stories - 100 feet X 2. The perimeter landscaping on the north and south sides shall include at minimum, a hedge, 1 canopy tree spaced no greater than 20 feet, and additional landscaping of varying height placed between trees. The landscaping to be placed along the rights-of-way shall include serpentine berm varying in height. A combination of palm and deciduous/canopy trees densely spaced with a diversity of plant materials from ground covers at varying height placed within the buffer. X 3. Signage shall be compatible (in scale) with adjacent residential properties and be designed in conjunction with materials to be repeated along the perimeter such as posts, fence elements, small monument features, etc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. None ADDITIONAL CITY COMMISSION CONDITIONS MWR/dim J:~SHRDATA~PLANNING~SHARED~WP~PROJECTS~VILLA DEL SOL CPTA & LUAR~COND. OF APPROVAL P&D 12-14-99. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: VILLA DEL SOL APPLICANT'S AGENT: Bradley D. Miller, AICP APPLICANT'S ADDRESS: 6 Ramland Road, Orangeburg, NY DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: /,~¢',~/~,,~'/_/, TYPE OF RELIEF SOUGHT: Future Land Use Map and Rezoning LOCATION OF PROPERTY: DRAWING(S): NA Northwest corner of the intersection of Federal Highway (US 1) and Old Dixie Highway. THIS MA'I-rER 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 Applicant X 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 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. DATED: J:\SHRDATA~Planning\SHARED\VVP~PROJECTS\VILLA DEL SOL CPTA & LUAR\DO CC 12-21-99.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other Transmittal of the amendments to the Department of Community.,.A,f~'~%¢O~ ~. review in accordance with Chapter 163 F.S. EXHIBIT "I" Conditions of Approval Projegt name: VILLA DEL SOL File number: LUAR # 99-005 Reference:.Future Land Use Amendment and Rezoning application prepared by Miller Land Planning ConsUltants, Inc. dated October 1 1999 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: NONE ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE ADDITIONAL CITY COMMISSION CONDITIONS MWR/dim J:~SHRDATA~PLANNING~SHARED~WP'~PROJECTS~VILLA DEL SOL CPTA & LUAR\COND. OF APPROVAL P&D 12-14-99. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DALE CARSRUD APPLICANT'S AGENT: HARRY W. RISLEY, RISLEY DEVELOPMENT APPLICANT'S ADDRESS: 9510 NW 82nd STREET TAMARAC, FL 33321 DATE OF CITY COMMISSION PUBLIC HEARING: ~999 TYPE OF RELIEF SOUGHT: Rear yard setback from property line LOCATION OF PROPERTY: Southwest corner NE 7th Street and NE 8th Avenue DRAWING(S): SEE EXHIBIT "C" A'I-I-ACHED HERETO. f,4/'~ 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 MAT on to be heard before the City Commission of the City of Boynton BeaCh, Florida on, ne 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 Ap. plica~t /~o~.-- HAS 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 "D" with notation "Included". The Ap. plic~nt's application for relief is hereby No~=,G~J~:~!ED subject to the conditions referenced in paragraph 3 hereof. 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 DATE D: ,~,~'/,~,~? ~,,/~,C~ ~ J:\SHRDATA~PLANNING\SHARED\WP\PROJECTS\CARSRUD DALE ZNCV~DEVELOPMENT ORDER-12-7-99 REAR SETBACK. DOC EXHIBIT "D" Conditions of Approval ProjeCt name: Dale Carsrud File nUmber: ZNCV-016 (rear yard setback) Reference: Zoning Code Variance Application dated July 16, 1999. DEPARTMENTS INCLUDE REJECT pUBLIC WORKS COmments: None X UT!LInES Comments: None X F~ comments: None X POLICE COmments: None X ENGINEERING DIVISION COmments: None X BUDDING DIVISION Comments: None X PARKS AND RECREATION COmments: None X FoRESTER/ENVIRONMENTALIST comments: None X PLANNING AND ZONING COmments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS COmments: None X ADDITIONAL CITY COMMISSION CONDITIONS 1. ; Te bz ~ct¢.wr2ned~A/'/~Z> J:\SHR[ ~ATA\PLANNING\SHARED\WP\PROJECTS\CARSRUD DALE ZNCV~COND. OF APPR CC 12-7-99 REAR SETBACK. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: DALE CARSRUD APPLICANT'S AGENT: HARRY W. RISLEY, RISLEY DEVELOPMENT APPLICANT'S ADDRESS: 9510 NW 82nd STREET TAMARAC, FL 33321 DATE OF CITY COMMISSION PUBLIC HEARING: ~'~1999 TYPE OF RELIEF SOUGHT: Side yard setback from property line (ZNCV 99-012) LOCATION OF PROPERTY: Southwest corner NE 7th Street and NE 8th Avenue DRA~ING(S): SEE EXHIBIT "C" 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 X 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 "D" with notation "Included". The Applicant's application for relief is hereby __ GRANTED subject to the conditions referenced in paragraph 3 hereof. X 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 J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\CARSRUD DALE ZNCV~DEVELOPMENT ORDER-12-7-99 SIDE SETBACK. DOC EXHIBIT "D" Conditions of Approval ProjeCt name: Dale Carsrud File nUmber: ZNCV 99-012 (side yard setback) Reference: Zoning Code Variance Application dated July 16, 1999. DEPARTMENTS INCLUDE REJECT pUBLIC WORKS Comments: None X UTILITIES comments: None X FI~ COmments: None X POLICE comments: None X ENGINEERING DIVISION Comments: None X BmLD1NG DIVISION comments: None X P~S AND RECREATION COmments: None X FORESTER/ENVIRONMENTALIST COmments: None X PLANNING .a~XlD ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1., DENIED X ADDITIONAL CITY COMMISSION CONDITIONS , J:\SHRD~ ING\SHARED\VVP\PROJECTS\CARSRUD DALE ZNCV~COND. OF APPR CC 12-7-99 SIDE SETBACK.DOC ~- · DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BAPS TEMPLE APPLICANT'S AGENT: Jay Patel APPLICANT'S ADDRESS: 4630 N. University Dr., P.M.B. #219, Coral Springs, FL 33067-4626 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 21, 1999 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: On Se 18th Avenue, north of SE 23rd Avenue, east of the FEC Railroad tracks and west of Federal Highway DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. 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 Applicant X 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 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. All further development on the property shall be made in accordance with the terms and conditions of this order. EXHIBIT "C" Conditions of Approval Project name: BAPS TEMPLE CHURCH File number: COUS 99-008 Reference: 3rd Review, New Site Plan. File # COUS 99-008 with a November 23, 1999 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. Dept. of Health permits will be required for the water and sewer systems X serving this project. (Sec. 26-12). 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1500 g.p.m, as stated in LDR chap. 6, Art. IV, Sec. 16, or the requirement imposed by insurance underwriters, whichever is greater. (see Sec. 26-16(a)). Please submit these calculations with your Health Department permit submittal. 3. Sec. 26-34(E) of the City Code requires that a capacity reservation fee be X paid for this project either upon my request for signature on the Health Dept. application forms or within 30 days of site plan approval, whichever occurs first. This fee will be $790.02 based upon a l"meter size. 4. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may not, therefore, be used for irrigation where other sources are readily available. 5. This office will not require surety for installation of the water and sewer X utilities, on condition that the systems be fully completed, and given to the City before the first permanent meter is set. Note that setting of a permanent water meter is a prerequisite to obtaining the certificate of occupancy. 6. A building permit for this project shall not be issued until this office has X approved the plans for the water and/or sewer improvements required to serve the project. (Sec. 26-15) 7. Provide drainage calculations showing the amount of rainfall to be X retained on-site. FIRE Comments: Page 2 BAPS TEMPLE CHURCH File No.: COUS 99-008 DEPARTMENTS iNCLUDE [ REJECT 8. A fire flow test is required and the hydrant will be in place prior to above X grade construction. POLICE Comments: 9. Each parking lot traffic plan shall provide directional arrows. X ENGINEERING DIVISION Comments: 10. On the Landscape Plan indicate the required clear sight triangles at the X driveway with a note that all landscaping within the triangle shall have a clear visibility window between 30" and 6' from the finished grade. i [LDR Chapter 7.5, Article II, Section 5.H.] 11 : In Section "B-B" of the paving, grading and drainage details, correct the X detail to reflect the required type "D" curb - (4 places) and delete the ~ "extruded curb" reference on the water/sewer plan. 12. ! Since Phase I includes a portion of parcels I and II, provide the City with X a recordable Unity of Title of all three parcels. 13. i Provide note on site plan and landscape plan that the Phase II parking X ~ area adjacent to Phase 1 will be seeded and mulched. 14. i On the site plan and related drawings, relocate the Phase II line such that X it includes the construction of the grassed median in Phase I. BUILDING DIVISION Comments: 15. Permits are required to construct the improvements that are shown on the X approved site plan/conditional use documents. Permit application forms are available in the Building Division of the Development Department. : A permit submittal checklist is available in the Building Division. The list identifies the basic documents that the Plans Analyst checks for when ,I an applicant submits for permit review. 16. ! Amend note #5 found on the sheet titled Site Plan (sheet SP1 of 2) to X : state that the finish floor elevation is above the highest 100-year base i flood elevation applicable to the building site, as determined by the South Florida Water Management District's surface water management i construction development regulations. [Section 3107.1.2, Chapter 31 of Page 3 BAPS TEMPLE CHURCH File No.: COUS 99-008 DEPARTMENTS INCLUDE REJECT the Boynton Beach amendments to the 1997 edition of the Standard Building Code] 17. Considering that detail drawings of the building signage were not X provided and the location of the signage was not shown on the elevation view drawings of the building, place the following note on the site plan and each drawing that depicts the elevations of the building: "Building signage is not approved for this project. Separate site plan review and approval is required for building signage." 18. At time of permit submittal, provide an executed City unity of title form. X The form shall combine all lots or parcels within the subject site as one lot. The processing of the form shall follow the City's unity of title procedures. 19. At time of permit review, attach a current survey of the subject property X to both sets of permit documents. 20. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire Department fees, County fees and State fees will be determined at time of permit review. 21. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire Department fees, County fees and State fees will be determined at time of permit review. PAI~aKS AND RECREATION Comments: None X FO~STER/ENVIRONMENTALI ST Comments: 22. The applicant should indicate on the landscape plans if the existing X desirable trees will be preserved, relocated or removed/replaced on the site. PLUG AND ZONING comments: 23. The following comments are requirements of Ch. 4, Sec. 7, D. X - Label the floor plan and elevation drawings as Phase I, Building 1. - Identify building colors on the elevation drawings. Page 4 BAPS TEMPLE CHURCH File No.: COUS 99-008 DEPARTMENTS INCLUDE [ REJECT 24. The following comments are requirements of Chapter 9, Sec. 10. X Identify all sidewalks on the site plan. Label and provide dimensions. Review placement of dumpster to ensure that they are easily accessible for pick-up. Provide a six foot high concrete stucco wall for all dumpster locations. 25. The following comments are requirements of Ch. 7.5, Sec 5. X Provide shrubs and hedges eighteen (18) inches high and two (2) feet on center at time of planting. Provide a 2.5 foot perimeter landscape buffer between all vehicular use areas and adjacent property. Label and dimension this buffer on the site plan and landscape plan. Provide a tree relocation plan for phase II. Provide a tree count for the number required and the number provided. 26. Clearly identify doors to restroom through foyer on site plan. X 27. Identify color for proposed sign. X 28. Correct site plan data regarding building square footage to match X building footprint. Total square footage is 31,570. 29. Revise site data to correct area calculations for each zoning district. X ADDITIONAL COMMUNITY REDEVELOPMENT COMMENTS 30. Applicant shall review traffic circulation on and off-site particularly as it X relates to disbursement after temple services and major functions. If warranted, applicant will provide for traffic control at those times. ADmTIO qAL C TY COU VnSS OU COUNTS 31. ~d. Aff~''~ ~ J:~qHRDATA~PLANN1NG\SHARED\WP~PROJECTS~BAPS TEMPLE CHURCI~CONDITIONAL USE\CONDITIONS FOR CC 12-21-99.DOC