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Minutes 09-15-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, SEPTEMBER 15, 1998 AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Shirley .laskiewicz, Vice Mayor ]amie Titcomb, Commissioner Nellie Denahan, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor 3erry Taylor B. Invocation - Reverend Bob Hahn, First United Methodist Church C. Pledge of Allegiance to the Flag led by Vice Mayor Shirley 3askiewicz The regular City Commission meeting began at 6:40 p.m. immediately following the budget public hearing. The invocation and Pledge of Allegiance to the Flag were dispensed with at the commencement of the budget public hearing. D. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Jaskiewicz requested that Ttems TV-D.3 and 1¥-D.5 be removed from the Consent Agenda for discussion. Mayor Taylor advised that Ttem ]:V-D.1 would remain on the table until the October 6th meeting. Commissioner Titcomb requested that Ttems TV-D.2 and TV-D.6 be removed from the Consent Agenda. Commissioner Denahan requested that Ttems 1¥-G, TV-H and TV-]: be removed from the Consent Agenda for discussion. Mayor Taylor announced that ]:rem XT-A.2 would be tabled, and added T]:]:-A.3, "Groundbreaking Web Site". 2. Adoption Commissioner -I~tcomb moved to approve the agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. IT. ADMTNTSTRA'D/VE: A. Appointments to be made: MEETING MINUTES REGULAR CITY COMMZSSZON BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 Appointment To Be Made Board Length of Term Expiration Date MayorTaylor* Bldg. Bd. Of Adj. & Appeals Alt TI Denahan Code Compliance Board Alt T Titcomb Code Compliance Board Alt I Titcomb* Education Advisory Board Stu I Titcomb Cemetery Board Alt 1 yr term to 4/99 TABLED-3 1 yr term to 9/98 1 yr term to 9/99 TABLED-2 1 yr term to 4/99 TABLED-3 I yr term to 4/99 TABLED-2 No appointments were made. Motion Commissioner Titcomb moved to table all remaining appointments. Commissioner Denahan seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: Ai Announcements: T.N.T. Concert- Friday, September 25, 1998, 6:00 p.m. to 9:00 p.m. at Oceanfront Park -"Steel Explosion" (Reggae) Mayor Taylor made this announcement. Executive Session - October 6, 1998 @ 6:00 p.m. regarding the parcels associated with the Pond "B" Project Mayor Taylor made this announcement. 3. Groundbreaking Web Site Mayor Taylor reported that the groundbreaking ceremony for the marina project was held last Friday, September 11th. Photos of the ceremony are available on the City's web site at ci.boynton-beach.fl.us under "Recent Events". Mayor Taylor commented that the City has worked very hard to see this project come to fruition. There were many stumbling blocks even up to the last three or four months. When it appeared that nothing else could be done to bring this project to Boynton Beach, the City Manager and City Attorney took over. Without those efforts, we might not have seen this project move forward. Mayor Taylor commended them for the outstanding job they did. Vice Mayor ]askiewicz remarked that it is much easier to begin a project with a new development than to redevelop one. This was a challenge that was met. 2 MEETZNG MI'NUTES REGULAR cTrY COMMTSSTON BOYNTON BEACH~ FLORZDA SEPTEMBER 15, 1998 Presentations: 1. Proclamations: a. "Constitution Week"- September 17 - 23, 1998 Mayor Taylor read a Proclamation declaring September 17 through September 23, :L998 as "Constitution Week". 2. Presentation on COPS Program Marshall Gage, Police Chief, reported that there are 870 participants in the COPS program. Some of those participants were present in the audience to express their appreciation for the Commission's support of the purchase of new vehicles for the program. Chief Gage advised that Officer John Huntington spearheaded this program. He introduced Officer Huntington and COPS Captain Roger Dorette. Officer Huntington thanked the Commission, City Manager and Police Chief for their support of this program and explained the importance of these COPS being the eyes and ears of the Police Department. Their presence has made an obvious difference. Captain Dorette presented each Commissioner and the City Manager with "Saturn" caps. Mayor Taylor was amazed by the numbers of participants in the program and expressed pride in the job the COPS are doing for the community. TV. CONSENT AGENDA: A. Minutes: 1. City Commission Workshop Meeting of September 2, 1998 Motion. Commissioner Titcomb moved approval. Commissioner Denahan seconded the motion that carried 4-0. 2. Special City Commission Meeting of September 3, 1998 Motion Commissioner Denahan moved to approve as presented. Commissioner 'ritcomb seconded the motion that carried 4-0. BB Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget MEETTNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLOI~DA SEPTEMBER 15, 1998 Award the bid for "ANNUAL CONTRACT FOR BACKFLOW PREVENTION DEVICE INSPECt/ON AND TESTING SERVICES" to Dee Maria Plumbing, Inc. in the amount of $10,800 Award the bid for "PURCHASE OF ONE (1) SEWER LATERAL INSPECTTON SYSTEM" to Cues, a division of ELXSI, in the amount of $26,758 C. Resolutions: Proposed Resolution No. R98-152 Re: Authorizing the Mayor and City Manager to execute a lease agreement between the City of Boynton Beach and Saturn of Delray to lease (with option of purchase) seven 1999 Saturns for the C.O.P. program Proposed Resolution No. R98-153 Re: Approving a hold harmless agreement between the City of Boynton Beach and OLEN Residential Realty allowing the City's Fire/Rescue Department to conduct training exercises on the structures located at 1632 North Federal Highway in Boynton Beach, Florida Proposed Resolution No. R98-154 Re: Approving the naming of the alley behind Caf~ Barista as "Barista Way" Proposed Resolution No. R98-155 purchase of the Lucille & Otley's property Re: Approving the D. Ratification of Planning & Development Board Action: Am Stor-AII (Scott A. Nickle) - North of Boynton Beach Boulevard, west of 1-9S on Tndustrial Way - Request site plan approval to construct an 84,830 square foot self-service storage facility on a 4.3S3 acre parcel of land - Item IV-D.1 was tabled to the October 6, 1998 City Commission meeting. Habitat for Humanity (.lohn Shelly) - (NW 5th Avenue) - Request for a variance to allow a 4.7 foot reduction from the required 2S foot front yard setback to 20.3 feet and a 9.8 foot reduction from the required 25 foot rear yard setback to 1S.2 feet on one lot and allow a S foot reduction from the rear setback from 2S feet to 20 feet on a second adjacent lot for the purpose of constructing two single-family dwellings on Lots 19, 20 and 21 of the Rolling Green Ridge Second Addition Subdivision Item IV-D.2 was removed from the Consent Agenda at the request of Commissioner Titcomb. MEETZNG MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA SEPTEMBER 15, 1998 Orchard Landing (M. 3effrey Semko) - lEast of US #1 approximately 185' south of Golf Road) - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25; in preparation for construction of 20 condominium units on an irregularly-shaped parcel Item IV-D.3 was removed from the Consent Agenda at the request of Vice Mayor ]askiewicz. Golfview Harbour 3~ Section Plat (City of Boynton Beach) - (Southeast corner of south Congress Avenue and SW 23~ Avenue) - Request for approval of abandonment of utility and drainage easements lying in Block 18, together with the utility easement lying between Lots 35 and 36, and drainage easement lying between Lots 28 and 29, both of Block 16, located in a portion of the plat of Golfview Harbour 3~ Section Original Pancake House (Hendrik DeMello) - (Northside of Gateway Boulevard, immediately east of the Hampton Tnn) - Request for variance approval to reduce the required side setback from 20' to 16' to allow sufficient space for a proposed restaurant and required parking Item IV-D.5 was removed from the Consent Agenda at the request of Vice Mayor .laskiewicz, Original Pancake House (Hendrik DeMello) - (Quantum Park- Lot 1) - Request for site plan approval to construct a 4,710 square foot restaurant on a 1.1S acre parcel of land and associated parking Item IV-D.6 was removed from the Consent Agenda at the request of Commissioner Titcomb. Semsco :[nternational Office/Warehouse (Ron Last of Lawson, Noble and Webb, :[nc.) - (Lot 1S, High Ridge Commerce Park) - Request for site plan approval to construct a 4,487 square foot office/warehouse building and associated parking on a 1.27 acre parcel of land Auto Care Centers of America (Annette Stauffer, Sign Craft) - (Southeast corner of Woolbright Road and Congress Avenue) - Request approval for sign program E. Approval of Bills Approve direct purchase and prepayment of HVAC equipment from Trane Corporation for the 1913 Schoolhouse MEETTNG MTNUTES REGULAR CZ'FY COMMTSSTON BOYNTON BEACH, FLORTDA SEPTEMBER 15, 1998 Gm Approve Code Compliance Board action to reduce the lien in Case #97- 3346 from $5,300 plus administrative costs to $1,000 plus administrative costs for a total of $1,730.15 for Next Boynton Development - TABLED ON9/3/98 Item IV-G was removed from the Consent Agenda at the request of Commissioner Denahan. Approve Code Compliance Board action to reduce the lien in Case #97- 3347 from $5,300 plus administrative costs to $730.15 for Next Boynton Development - TABLED 0N9/3/98 Item IV-H was removed from the Consent Agenda at the request of Commissioner Denahan. Approve Code Compliance Board action to reduce the lien in Case #97- 3379 from $5,300 plus administrative costs to $730.15 for Next Boynton Development- TABLED O/V g/$/gB Item IV-! was removed from the Consent Agenda at the request of Commissioner Denahan. ¸.1. Approve request submitted by Elliott Williams, 1998 American Heart Walk Chair, to hold the Boynton/Delray Beach Heart Walk on Saturday, October 3, 1998 beginning and ending at Motorola from 7:30 a.m. to 11:00 a.m. Approve request submitted by Bruce Black seeking permission to close West Ocean Avenue from Seacrest to 14 Street in order to have a block party on Saturday, September 19, 1998 km Approve "Search for the Stars" Musicfest and Block Party on October 2, 1998 from 6:00 p.m. until midnight in the 500 Block of East Ocean Avenue Approve SHZP funds in the amount of $14,500 to Catherine Allen, a first time homebuyer, to purchase the property located at 318 NE 20~h Avenue Motion Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items IV.D.1, IV-D.2, IV-D.3, IV-D.5, IV-D.6, IV-G, IV-H and IV-I. Commissioner Denahan seconded the motion that carried 4-0. CONSENT AGENDA ZTEMS FOR DTSCUSSTON: When Vice Mayor Jaskiewicz indicated that she wanted to discuss Item ~-B2, Mayor Taylor requested a motion to remove that item from the Consent Agenda, MEETZNG MTNUTES REGULAR CTTY COMMZSSZON BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 Motion Commissioner Titcomb moved to pull Item IV-B.2 from the Consent Agenda. Commissioner Denahan seconded the motion that carried 4-0. B.2. Award the bid for "PURCHASE OF ONE (1) SEWER LATERAL ZNSPECTZON SYSTEM" to Cues, a division of ELXSZ, in the amount of $26,758 Vice Mayor Jaskiewicz is in support of this award, but questioned whether this equipment would repair a leak as well as identify it. John Guidry, Utilities Director, responded affirmatively and explained that it is a two-step process. Motion Commissioner Titcomb moved to approve Item B.2. Commissioner Denahan seconded the motion that carried unanimously. Commissioner Titcomb requested an opportunity to remark on Item IV-C.3, "Barista Way". He reported that several years ago, the City of Delray Beach used the naming of alleys as a fund raiser for the City. All of the alleyways and back streets were put on the auction block. The highest bidder was permitted to select the name. Commissioner Titcomb suggested that the City of Boynton Beach consider this same type of proposal in our downtown. D.2. Habitat for Humanity (3ohn Shelly) - (NW Sth Avenue) - Request for a variance to allow a 4.7 foot reduction from the required 2S foot front yard setback to 20.3 feet and a 9.8 foot reduction from the required 2S foot rear yard setback to 1S.2 feet on one lot and allow a S foot reduction from the rear setback from 25 feet to 20 feet on a second adjacent lot for the purpose of constructing two single-family dwellings on Lots 19, 20 and 21 of the Rolling Green Ridge Second Addition Subdivision Commissioner Titcomb advised that he attended the groundbreaking for the Habitat for Humanity on NW 5th Avenue and 1-95. In his experience with the T.E.D. Center, their work has had a tremendous positive impact on the surrounding neighborhood. This groundbreaking followed the dedication of Palmetto Greens Park and the groundbreaking for the marina project. Motion Commissioner Titcomb moved approval. Commissioner Denahan seconded the motion. Mayor Taylor acknowledged the presence of John Shelly of Habitat for Humanity, in the audience. Two new homes will be constructed on those lots. In addition, there is another item on the agenda to approve the purchase of additional vacant lots that would result in the HEETTNG PlTNUTES REGULAR CZTY COHHTSSTON BOYNTON BEACH~ FLOR.iDA SEPTEHBER 15, 1998 construction of five additional infill houses. The City is being very aggressive and is using S.H.]:.P dollars to fund these projects. The motion carried unanimously. D.3. Orchard Landing (M. 3effrey Semko) - (East of US #1 approximately 185' south of Golf Road) - Request for variance approval to allow a 75' reduction from the required 100' minimum lot frontage requirement; a reduction to 25; in preparation for construction of 20 condominium units on an irregularly-shaped parcel Vice Mayor .laskiewicz requested a presentation of this item. Howard Nelson~ Attorney with Bilzin Sumberq Dunn Price & Axelrod reported that this request went before the Planning & Development Board as a variance from Section 5.G.2. The Code requires a 100' frontage on a public or private road for any residential development. The property in question is known as a "flagpole" or "lollipop" lot. The lot begins at Federal Highway with a 25' frontage. ]:t proceeds approximately 340' back along a 25' wide space to the entirety of the property that is 184'. The property was subdivided in the mid-1970s prior to the frontage requirements. At the time of subdivision, it met the City's requirements. This is a simple variance. A site plan is processing through the system and will come before the City within the next several months pending resolution of this issue. This request falls under the six criteria for variances in the City. ]:t is the minimum variance that could be requested to comply with Code. Without the variance, there is no residential use that could be put on this property. ]:t is too small for a PUD that would release the frontage requirements. There originally was a plan for three single-family houses. That fell through. that project had gone forward to the board, it still would have needed a variance. At the Planning & Development Board meeting, IVlr. Nelson advised Hr. Lichtman of an old case dating back to 1962 from Coral Gables. :It is good law and it is very close to this case where the 3rd District Court of Appeals said the variance is grantable on these types of parcels. The reason for that decision was that the failure to grant the variance removed any use from the property. The applicant requested to rest on the strength of staff's recommendations and the issues of the nature of hardship brought forward. Mr. Nelson requested an opportunity to rebut any comments and answer any questions. Vice Mayor .laskiewicz reminded the Commissioners that this came before the Commission a number of years ago with a proposal to put high density (20 units per acre) on the parcel. She inquired as to the size of the property. Mr. Nelson advised that the property is 2 (plus or minus) acres. He reminded the Commissioners that there was an assemblage proposal. However, it failed under four or five potential assemblages because some of the six parcels needed did not want to participate. MEETING MINUTES REGULAR CITY COMMISSION* BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 In response to Vice Mayor .laskiewicz, Mr. Nelson confirmed that there is no other potential access to the property available other than the 25' strip. Attorney Cherof advised that the configuration of this property is the type of configuration that gives rise to the hardship element under existing case law. Mayor Taylor questioned whether or not the Streb's property is for sale. Mr. Nelson said the frontage of the Streb's parcel is the only part of the property that is potentially developable. The rear parcel is the most undevelopable parcel remaining in the City because it contains White Mangrove trees and a mangrove nursery area. Mayor Taylor expressed concern over the fact that the City is trying to upgrade housing stock in the City and reducing this frontage requirement by three-quarters is not what the City is trying to do. Mr. Nelson explained that the frontage is 25'. Without the variance, the property cannot be developed. The applicant believes he will be able to produce a site plan that will please the residents of the City. Commissioner litcomb pointed out that the Commission was being asked to review a variance request paying no attention to the implied usage of the land. He questioned whether or not usage should be considered in conjunction with applying the variance. Attorney Cherof explained that the Commission could consider all types of factors because it has the authority to impose conditions upon the granting of a variance. Attorney Cherof also explained that the Commission could carry this matter over for a more detailed public hearing with appropriate notice to the adjacent property owners. Maurice Rosenstock, One Villa Lane, member of the Planning & Development Board, said the Planning & Development Board unanimously denied this request because it did not comply with all of the criteria. He feels there is a higher and better use for this property on the Intracoastal Waterway. The board does not want to see that property "polluted" with compact developments. The board members would like the Code changed with regard to what can be built on the Tntracoastal. He questioned why houses must be developed on this parcel. He suggested developing a park or something that will benefit the City. He urged the Commissioners to be very careful about what they allow to be built on prime property, He feels the property owner knew of the property's restrictions when he purchased the parcel. Mr. Rosenstock recommended that the developer purchase additional properties to fit our rules, Mr. Nelson expressed concern about Mr. Rosenstock's suggestion to use the land for a park. He requested that the record reflect that the request before the board is a simple variance request for any use on the property. The site plan is not before the Commission. There is no zoning in progress nor is there any planning in progress to prevent development of this property. Action to deny the variance eliminates all development rights from the property. There was no evidence produced at the board meeting that the applicant knew of the regulations or knew he had a non-conforming frontage. MEETZNG MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORTDA SEPTEMBER 15, 1998 Hotion Vice Mayor .]askiewicz moved to table the Orchard Landing request for a full hearing and further investigation by our attorney to ascertain if there are any legal issues facing it. Commissioner Titcomb seconded the motion. Attorney Cherof recommended that the Commission table the proposed Development Order which has been removed from the Consent Agenda to a date certain to ensure that proper notice and opportunity to be heard is provided to the applicant, the public and any other interested parties. Vice Mayor .]askiewicz rescinded her previous motion. Motion Vice Mayor .]askiewicz moved that the Commission table the proposed Development Order to the October 20th City Commission meeting. Commissioner Titcomb seconded the motion. Mr. Nelson requested that this item be continued to the first meeting in November since he will be on vacation on October 20th, Vice Mayor .]askiewicz agreed to amend her motion to table this Development Order to the November 4th meeting. Commissioner Titcomb seconded the amended motion. The motion carried 4-0. Original Pancake House (Hendrik DeMello) - (Northside of Gateway Boulevard, immediately east of the Hampton Tnn) - Request for variance approval to reduce the required side setback from 20' to :L6' to allow sufficient space for a proposed restaurant and required parking Hendrik DeMello, Architect for the Original Pancake House, explained that the request for a variance was to reduce the side setback from 20' to 16'. The applicant attempted to work with different schemes; however, that resulted in problems with the parking spaces. They could manage the site differently, but it would create site circulation that is not ideal. The ideal design and site circulation dictates that cars should be moved away from the entrance on Gateway Boulevard. The applicant feels the layout they propose still complies with the landscape requirements and impervious area calculations. The applicant now proposes to include more landscaping in the area to make up for the 4' variance. Mr. DeMello stated that all of the parking would be along the eastside of the property. The building is situated so that the setbacks will not be a problem visually. Mr. DeMello agreed to add more trees and shrubs in the strip. Staff has required the addition of a hedge along the building. Mr. DeMello explained that the Original Pancake House would not be sharing parking with the Hampton :Inn. They can each support their own parking; however, they have a cross-access agreement. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15,, 1998 Vice Mayor .laskiewicz requested that the applicant continue the landscaping in an effort to separate the parking between the Original Pancake House and the Hampton Tnn. Mr. DeMello agreed to this request. Commissioner Denahan requested the addition of larger trees, closer together. Commissioner Titcomb questioned whether a setback was required between the parking spaces for the Hampton Inn and those of the Original Pancake House. Mr. DeMello said there is a 5' setback on the Hampton ]:nn side of the parcel. Steve Kamelhair, owner, explained that he would not have a problem extending the landscaping if the Hampton Tnn agrees to allow them to do that. Mr. Kamelhair does not anticipate a problem because he is purchasing the property from the Hampton Tnn and the sale of the property is contingent upon the Commission's approval of the variance request. Maurice Rosenstock explained that the Planning & Development Board denied this request because of the lack of landscaping. The board requested that the applicant plant a Ficus hedge and some trees close together to soften the project. He was pleased that the applicant had agreed to comply with those requests. Lee Wische, 1302 SW 18th Street, was the only Planning & Development Board member who voted in favor of this project because he felt these details could be worked out. He believes the Planning & Development Board would vote in favor of this request as a result of this presentation. Mike Friedland, 330 NE 26th Avenue, member of the Planning & Development Board, urged the Commission to vote in favor of this request. Commissioner Denahan asked Mr. Rumpf to explain the requirements for size of trees and space between trees. Mr. Rumpf explained that there is no requirement for trees to be placed in the location in question. Trees along the frontage of the property need to be one tree per Commissioner Denahan feels the parking lot needs shade. The entire landscaping plan would be improved if trees were planted among the hedges. She recommended the use of native trees. Mr. DeMello explained that the roots of the trees would damage the asphalt. Mr. Rosenstock suggested that the applicant plant Queen Palm trees along with the hedge. 3im Reed, 2458 Cranbrook Drive, member of the Planning & Development Board, pointed out that the fact that trees would damage the asphalt in such a small area is a good reason for not granting the variance. He said there are six criteria to be met for granting a variance. Mr. Reed feels the developer could change the size of the building, decrease the amount of parking, or decrease the amount of greenspace. The developer chose not to decrease the size of the building or the amount of parking. Mr. Reed feels the City has too stringent a parking requirement for restaurants. He recommended increasing the greenspace and having a cross-parking agreement with the Hampton Tnn. Mr. Reed further explained that MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, :L998 there were a couple of criteria that the applicant did not meet in order for the board to grant the variance. The variance is not the only way the applicant can make use of the property. Mayor Taylor feels the applicant can "beef up" the landscaping to more than the Code requires and put a hedge on property owned by the Hampton Inn. Mayor Taylor will support this request. Commissioner Titcomb advised that he believed there was a solution in the developer trying to increase the landscaping above and beyond the minimum requirements to make up for the small strip that will be lost. This is a quality project in an appropriate place. Commissioner Denahan said she would support this request if she could see the landscaping plan. She requested the definition of "beef it up". Mayor Taylor advised that the applicant would add the entire border between the Hampton Tnn and the Original Pancake House. Commissioner Denahan said she would like to see the trees closer together on the entire site. Mr. DeMello advised that the applicant has increased the number of trees along the east property line and along Gateway Boulevard. The existing approved perimeter landscaping will be increased with the Original Pancake House plan. Commissioner Titcomb requested the addition of Palm trees in the 5' strip to break up the space. He does not feel the hedge alone will provide a sense of greenspace. Mr. Kamelhair agreed to plant four (4) Palm trees in this 5' strip mixed in with a Cocoplum hedge. Motion Commissioner Titcomb moved to approve this project with that stipulation of adding a minimum of four (4) Palm trees along the 5' strip north of the building and any enhancement above and beyond minimum in the 16' strip along the eastside of the building. Vice Mayor _laskiewicz seconded the motion with all the conditions of approval as set forth in Exhibit "D". The motion carried 4-0. Original Pancake House (Hendrik DeMello) - (Quantum Park - Lot l) - Request for site plan approval to construct a 4,710 square foot restaurant on a 1.1S-acre parcel of land and associated parking Motion Based on the conditions of the last discussion, Commissioner Titcomb moved approval of Ttem D.6. Vice Mayor .laskiewicz seconded the motion that carried 4-0. ]:V-G. Approve Code Compliance Board action to reduce the lien in Case #97-3346 from $S,300 plus administrative costs to $:t,000 plus administrative costs for a total of $1,730.[S for Next Boynton Development - 7'ABZ£O O/V 9/3/98 12 MEETING MZNUTES REGULAR CZI'Y COMMZSSZON BOYNTON BEACH, FLOI~DA SEPTEMBER 15, 1998 IV-H. Approve Code Compliance Board action to reduce the lien in Case #97-3347 from $S,300 plus administrative costs to $730.1S for Next Boynton Development - I;4BZ£D ON 9/3/98 IV-I. Approve Code Compliance Board action to reduce the lien in Case #97-3379 from $S,300 plus administrative costs to $730.1S for Next Boynton Development- /',4BZ£O ON 9/3/98 Motion Vice Mayor .laskiewicz moved to remove Items G, H and I from the table. Commissioner Titcomb seconded the motion that carried 4-0. Commissioner Denahan noted that this was the first time Code Compliance Board ratifications appeared on the Consent Agenda. She reminded the Commissioners that they refused to reduce a lien last month in the case of an absentee landlord. In these cases, the violator is a major developer. In addition, she requested clarification of the abatement costs with respect to Item IV-I. Scott Blasie, Code Compliance Administrator, advised that this was the first time the Code Compliance Board issued an Order to abate a nuisance as part of the lien reduction package. Staff recommends that the Commission include the $1,033.69 as part of the reduction in addition to $730.15. The applicant agreed that this would not present a problem. Mayor Taylor advised that he considers each case individuallyi In reviewing the back-up information, he was willing to accept staff's recommendation so that the property can be turned into something positive for the community. In response to Vice Mayor .laskiewicz', Mr. Blasie reported that these are not foreclosed properties. The present developer is economically unable to complete the project. There is a buyer for the project. The Code Compliance Board feels this is a way to satisfy the 80 to 100 homeowners in this project. Mr. Blasie reminded the Commissioners that each case must be judged on its own merit. Commissioner Titcomb feels this recommendation will solve a problem rather than having the properties sit stagnant. He will support staff's recommendation. Motion Commissioner Titcomb moved approval of the Code Compliance Board's actions on Items G, H and I. Vice Mayor .laskiewicz seconded the motion that carried 3-1. (Commissioner Denahan dissented.) 13 HEE'rZNG MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLORI'DA SEPTEMBER 15, 1998 V. CI'TY MANAGER'S REPORT: City Manager Willis acknowledged the presence in the audience of Elliot Williams, Chair of the American Heart Walk scheduled for October 3ra beginning and ending at Motorola from 7:30 a.m. until 11:30 a.m. Elliot Williams thanked the City for its involvement with the American Heart Walk. This is his second year of chairing the Walk. He applauded the City for participating this year. City Manager Willis said she would be going to Washington, D.C. tomorrow to meet with representatives from HUD to discuss Boynton Terrace. Tn addition, she will meet with Clay Shaw about our foreign trade zone application. Commissioner Denahan requested an announcement on the next Symposium for Excellence in Government. It will be a luncheon on October 6th at which representatives of our Legislative Delegation will be present. Mayor Clarence Anthony is scheduled to make a presentation. Vi'. PUBL'rC AUDTENCE: Dee Zibelli, 440 Ocean Parkway, expressed her opinion that all of the taxpayers of the City should have been invited to the groundbreaking for the marina project. She stated that Mr. Garcia invited her to join in the ceremony. Terry Trebbi, 41 t4isty Meadow, advised that she and two other ladies who approached the podium were members of the Boynton Beach Police Wives Association. She said the police have been working for seven years without a pay plan. They have been treated badly by the City and want more money. She said they cannot raise and send their children to college on their husband's salaries. City Manager Willis confirmed for Mayor Taylor that the City currently has an agreement with the Police. Nicole Migelski said the agreement currently in effect allows the Police to choose between Plan A and Plan B, neither of which are any good. The Police Officers are downtrodden because of unfair treatment by the City. Although there is an agreement, it isn't any good. Even though the Union negotiates for the Police Officers, it doesn't mean they are being treated fairly. She vowed to "fix" this situation. David Fellows, 638 NE 9th Avenue, is a member of the Education Advisory Board. He presented the Commissioners with a packet of information that included an Executive Study published by the National Coalition of Advocates for Students called "A Gathering Storm". He invited the Commissioners to attend a meeting sponsored by the Education Advisory Board on Saturday, at 10:00 a.m., at St. John's Missionary Baptist Church. Mr. Fellows requested that this meeting be advertised on the City's marquee outside City Hall. Mr. Fellows referred to Section 2-131 of the Code that discusses qualification for membership on the Education Advisory Board. He requested that the Commission reconsider this section 14 MEE'rZNG MINUTES REGULAR CZ'I'Y COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 since the board's chairperson recently relocated to Lake Worth and her daughter is a student at Atlantic High School which is not within the geographical boundaries of the City. According to this Ordinance, Ms. Lewis will have to submit her resignation. Herb Suss thanked the Commission for approving the purchase of cars for the COPS program. He praised the efforts of the City Commission and vowed to work to eliminate term limits in this City. He is happy with the job the Commissioners are doing and urged people to vote to have their voices heard. He urged everyone to attend the meeting on Saturday that will address "A Gathering Storm". Mayor Taylor addressed the issue of the groundbreaking for the marina project. He reported that Mr. Garcia asked him to invite supporters of the project to the ceremony and he would provide the food and beverages. Mayor Taylor decided to do this by invitation. Dee Zibelli, David Katz and some others showed up to turn this positive event into a negative political event. These "political hyenas" appeared in T-shirts with banners circling this positive event, trying to tear things down. Ms. Zibelli said this group was invited to join the ceremony. Mayor Taylor advised that he spoke with Mr. Garcia and told him we would keep this positive and not stoop to no-class type of behavior. Mri Garcia then asked Msi Zibelli why she was present since she had fought the project while she was a Commissioner. Ms. Zibelli told Mr. Garcia she was confused. Mayor Taylor also pointed out that Ms. Zibelli mentioned taxpayers' money. He suggested that she return some of the $10,000 she sued the taxpayers for when she was in a leadership role in this City. Mayor Taylor was offended by Ms. Zibelli's negativity and believes these people will only have seats on the Commission in the future if term limits remain in effect. MAYOR TAYLOR CLOSED THE PUBLIC AUDIENCE AND DECLARED A BRIEF RECESS AT 8:03 P.M, THE MEETING RECONVENED AT 8:15 P,M, VII. PUBLIC HEARING: Approve the following land purchases for use in the City's Affordable Housing Program (Infill): ]. Walter Stroud: Lots 10 and 11, Block 2, Happy Home Heights Subdivision, for $9,660 which is the tax-assessed value (Exhibit "A'9 Lincoln and Ethel Thomas: Lots 50 to 54 inclusive and the west 5' of Lot 55, Cherry Hills Subdivision, and Lots 60 to 66 inclusive, and the west 5' of Lot 67, Cherry Hills Subdivision for $46,750 which is in line with the appraised value (Exhibit "B'9 Motion Commissioner Titcomb moved approval on this item. Vice Mayor ]askiewicz seconded the motion that carried 3-0. (Commissioner Denahan was away from the dais.) 15 MEET/NG MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 Accept public comments regarding grant in the amount of $139,692 from the Bureau of 3ustice, Local Law Enforcement Block Grants Program (PROPO$~rD R~$OLUT~ON NO. R98-.~56) Commissioner -fitcomb confirmed with Police Chief Gage that the City must provide 10% matching funds. Chief Gage advised that the total amount of the grant is approximately $155,000. These funds were planned for and are available in the current fiscal year's budget. With the City Attorney away from the dais, City IVlanager Willis read Proposed Resolution No. R98-156 by title only. Motion Commissioner Titcomb moved to approve. Vice Mayor ]askiewicz seconded the motion that carried 4-0. VIII. BIDS: All Approve award of the Property and Casualty Insurance Program for Fiscal Year/Policy Year 1998/99 Motion Vice IVlayor .laskiewicz moved to approve. Commissioner Titcomb seconded the motion. Chuck Magazine confirmed that the City is increasing its coverage and decreasing our total annual premiums. This program was put out to bid this year. The insurance company is willing to provide this rate for two years. Therefore, Mr. Magazine requested that the Commission approve this rate for two years. Mayor Taylor thanked IVlr. IVlagazine for doing an excellent job. Motion Vice Mayor ,laskiewicz moved approval of the award of the Property and Casualty Tnsurance Program for Fiscal Year/Policy Years 1998/99 and 1999/2000. Commissioner Titcomb seconded the motion that carried 4-0. IX. DEVELOPMENT PLANS: None X. NEW BUSZNESS: None ]6 MEETTNG MZNUTES REGULAR CI'TY COMMZSSZON BOYNTON BEACH, FLORTDA SEPTEMBER 15, 1998 XT. LEGAL: A. Ordinances -- 2nd Reading - PUBLTC HEARTNG Proposed Ordinance No. O98-36 Re: Amending the Land Development Regulations, Chapter 2 - Zoning, allowing day care as an ancillary function to a church located in R-l-AA zoning Attorney Cherof read Proposed Ordinance No. 098-36 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE, Motion Commissioner Denahan moved to approved Proposed Ordinance No. 098-36 on second reading. Vice Mayor 3askiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-37 Re: Amending Section 13-20, Special Events, by deleting section in its entirety and creating a new section 13-20 entitled "Special Events'; providing for definition, application process for special event permits, standards for issuance of permits, conditions for permits, policy and procedures At Attorney Cherof's request, this Ordinance was tabled to the October 6, 1998 City Commission meeting. 3. Proposed Ordinance No. 098-38 Re: Licensing & inspection of rentals regarding single-family homes Attorney Cherof read Proposed Ordinance No. 098-38 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Edward Tedman questioned whether or not the Ordinance speaks to the number of people who will live in the homes and asked if there was anything in the Ordinance that would eliminate illegal use of a single-family home as a multi-family property. Attorney Cherof explained that this situation is not addressed in this Ordinance. Vice Mayor ]askiewicz said the booklet that is being prepared addresses this issue. That was the reason why she recommended the development of the booklet when the Ordinance came before the Commission on first reading. Her objective for having this Ordinance was to allow the City to investigate such complaints, Vice Mayor ]askiewicz pointed out that the booklet that was secured from another municipality addresses this problem, Vice Mayor ]askiewicz' 17 MEET]:NG MTNUTES REGULAR CITY COMMTSSTON BOYNTON BEACH, FLORZDA SEPTEMBER 15, 1998 intention was to provide this booklet to everyone seeking a license so that they adhere to the rules and are subject to inspection. Mr. Tedman inquired about the zoning limitations with respect to renting rooms in a single- family home. Attorney Cherof advised that this Ordinance was drafted in the context of treating single-family as a zoning classification. The ability of the City to collect a fee for rentals is citywide and not limited to multi-family districts. Mr. Tedman questioned whether the City was now allowing multi-family use in single-family residences. Attorney Cherof explained that this Ordinance refers to the entire house being rented. :It is not intended to permit the rental of a single room in a single-family structure. Mr. Tedman pointed out that this Ordinance does not address the mounting problem of the illegal rental of rooms in a single-family home. Attorney Cherof agreed and explained that this is an Occupational License fee Ordinance. Tt establishes a fee for renting a single-family home. Vice Mayor ~laskiewicz questioned how the City could address the concern of renting rooms in a single-family home. Scott Blasie, Code Compliance Administrator, said there are a few existing Ordinances that deal with overcrowding. One of those Ordinances is in the Land Development Regulations concerning housing. Occupancy is based on square footage. Most cities use this Ordinance in accordance with the Standard Building Code based on life, health and safety. The booklet referred to was secured from the City of Lake Worth. That booklet is being modified to fit the City of Boynton Beach. The Lake Worth booklet states that up to three unrelated people may occupy a single-family household. Our Zoning Code defines family as not allowing more than two unrelated people in a household. Vice Mayor .laskiewicz explained that this Ordinance would allow the City to inspect these premises. Attorney Cherof confirmed that this Ordinance would trigger inspection, Mr. Blasie explained that under this process, the City would license every rental. Code Compliance will begin reviewing property records tomorrow to determine which properties are homesteaded. The inspection process will then begin. Mayor Taylor suggested that staff check with the City of Delray Beach since they were able to define the term "family". Mr. Blasie said he is in possession of a copy of their Ordinance. Mayor Taylor advised that we are trying to address this situation in the best way possible, Herb Suss suggested tabling this matter until more input can be received. Commissioner Titcomb did not support tabling this item because this Ordinance will provide the City with access and information relative to the problems discussed. The issue of defining "family" is a very difficult one for cities to deal with. There are other areas of the Code where some of these other issues would fall. Vice Mayor ,]askiewicz requested that area of the Code be defined by staff and brought back to the Commission so that it can be refined. MEETING M:ZNUTES REGULAR CZ'I'Y COMMTSS:ZON BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 Motion Commissioner Denahan moved to approved Proposed Ordinance No. O98-38 on second reading. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-39 Re: Amending Chapter 18, Article VT, providing for the creation of an Ex Officio, non-voting position on the Board of Trustees of the Municipal Firefighters' Pension Fund Attorney Cherof read Proposed Ordinance No. 098-38 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor ]askiewicz moved to approved Proposed Ordinance No. 098-38 on second reading. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances- Ist Reading Proposed Ordinance No. O98-41 Re: Amending Part II, Chapter 6, "Cemeteries" of the Code of Ordinances by amending Section 6-19, Disinterments, to provide authority for regulation of disinterments to the Cemetery Board of Governors Attorney Cherof read Proposed Ordinance No. O98-41 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. O98-41 on second reading. Commissioner Denahan seconded the motion. With respect to the cemetery, Vice Mayor .laskiewicz reported that there is a brick and stucco wall that faces Seacrest Boulevard. She requested that consideration be given to continuing that wall along the Wooibright Road side of the cemetery. She believes this will be a aesthetic improvement, reduce maintenance and add to the total look of the cemetery. She is aware of the fact that funds are available in the Cemetery Fund. At Mayor Taylor's request, City Clerk Sue Kruse will bring this issue to the Cemetery Board for review and response to the Commission. City Clerk Sue Kruse polled the vote. The vote was unanimous. 19 MEETZNG MZNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 C. Resolutions: None D. Other: Accept agreed-upon settlement with plaintiff in the amount of $26,000 in the case of Sonja Dennis v. City of Boynton Beach Motion Commissioner Titcomb moved to approve. Commissioner Denahan seconded the motion. All of the Commissioners found this item offensive. However, it is the cheapest way out of this situation. The motion carried unanimously. 2. Moratorium on gas stations within the City of Boynton Beach Vice Mayor .laskiewicz mentioned that Mr. Rosenstock suggested this item and she concurred with it. She believes the City Commission should take the lead on this item. Attorney Cherof said there are a lot of procedural safeguards to follow. He recommended that staff prepare an analysis on the impact on the thoroughfares of the City, identify the locations and establish the fact that we have in excess of the number needed to service the community. The next step would be to adopt a formal Resolution establishing a moratorium for a specific time period and defining the terms and conditions of that moratorium. There was a consensus of the Commission to direct staff to move forward with the analysis and return to the Commission. Commissioner Denahan feels the moratorium needs to be in a specific area and not within the entire limits of the City. She disagrees with the need for a moratorium on gas stations in the City of Boynton Beach unless within a specified area. She feels there will be a need for a gas station at 1~-95 and Gateway Boulevard. :In addition, we need to be very clear about what we want to put on Federal Highway. This study should include gas stations and auto-related businesses specifically on Federal Highway and Congress Avenue. XIZ. UNF~NZSHED BUSZNESS: None XIZI. OTHER: None 2O MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 15, 1998 X.W. AD3OURNMENT: There being no further business to come before the Cib/ Commission, the meeting properly adjourned at 8:45 p.m. A-I-FEST: City~lerk Cler~k ' s) j:Lshrdata\cc\wp~inutes\comm\091598.doc 9/17/98 2:2! PM C~I'Y OF BOYNTON BEACH Mayor Commissioner C~m/missioner / Commissioner 21 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Semsco International Office/Warehouse APPLICANT'S AGENT: Ron Last, Lawson, Noble and Webb, Inc. APPLICANT'S ADDRESS: 420 Columbia Drive, West Palm Beach, Florida 33409 DATE OF CITY COMMISSION RATIFICATION: September 15, 1998 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Lot 15, High Ridge Commerce Park DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recOmmendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: ApplicatiOn for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 ,¢~¢~m uut///n ' ¢ City Cler~ - % %.2..~....~07 ¢ J:~SHRDATA~Planning~SHARED~WP~ROJECTS~Semsco International~NWSP~Development Order - NWSP.doc ~ FLO~ ~ EXHIBIT "C" Conditions of Approval Project name: Semsco International Office/Warehouse File number: NWSP 98-012 Reference: The plans consist of 10 sheets identified as 2nd Review, New Site Plan. File # NWSP 98,012 with an August 18, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: 1. The Public Works Department requests detailed drawings of dumpster X enclosure for size and shape. (Chapt. 7.5, Article II, Sec. 5, Par. J.) UTILITIES Comments: 2. All utilities easements shall be shown on the rectified landscaping X drawings so that we maY determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LDR Sec 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 3. Comprehensive Plan policy 3C.3.4 requires the conservation of potable X water. City water may, therefore, not be used for irrigation where other sources are readily available. 4. Water and sewer lines to be owned and operated by the city shall be X included within utilities easements. Please also show all proposed easements on the engineering drawings, using a minimum width of 12 re. et. The easements shall be dedicated via separate instrument to the city as stated in Sec. 26-33(a) of the code. 5. 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) FIRE Comments: None X POLICE Comments: None X Page 2 Semsco International Office/Warehouse File No.: NWSP 98-012 DEPARTMENTS INCLUDE REJECT ENGINEERING DIVISION Comments: 6. All plans submitted for specific permits shall meet the city's code X requirements at time of application, These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 7. Provide catch basins at both ends of drain pipes at both dry detention X areas. Catch basins at west end of the northerly detention area and in the roadway swale should be bubble-up structures and the catch basins at the north end of the detention area west of the building and at the east end of the north detention area should be overflow structures. [LDR Chapter 6, Article IV, Section 5.B. 1 .] BUILDING DIVISION Comments: 8. To clarify the signage proposed for the project, place the below listed X notes on the plans: a. Add the following to the site plan drawing: "Site signage is not approved. A modification to the sign program will be required prior to any sign being permitted for placement on the site that is inconsistent with the approved sign program". Also place' the following note on the elevation view drawings of the building: "Building signage shall comply with the signage specifications identified in the approved High Ridge Commerce Park sign program 9. Amend the engineering plan to show compliance with the Florida X Accessibility Code for Building Construction with respect to the accessible route required between the access aisle at the accessible parking space and the accessible entrance of the building. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 10. There was no tree survey included in the set of plans. The applicant X Page 3 Semsco International Office/Warehouse File No.: NWSP 98-012 DEPARTMENTS INCLUDE REJECT should indicate on the landscape plan any existing trees on the site which will be preserved, relocated or removed/replaced. PLANNING AND ZONING Comments: 11. Include on the site plan the proposed type, source and style of lighting. X Chap. 9, Sec. 10, Par. F., Chap. 23, Art. II, Par. A. 12. Provide a sign detail and elevations dimensioned as follows on the site X plan: Chap. 21, Art. III, Sec. 5.A. A.) One freestanding sign 64 square feet maximum face, 20' maximum height. B.) One wall sign, 50 square feet maximum face. 13. Provide 10 foot by 10 foot safe site triangles on both the site plan and X landscape plan. Locate triangles inside of the property line. Chap. 7.5, Art. II, Sec. 5, Par. H. 1. 14. Locate all proposed and existing fire hydrants on landscape plans. X Provide a 5 foot clear area around hydrants. 15. Submit a colored graphics board and materials board showing the X proposed signage and building elevation colors. Chap. 4, Sec. 7, Par. D.2. 16. Label and dimension the minimum tree spacing along the right-of-way X frontage (3 Palms = 1 tree) Chap. 7.5, Art. II, Sec. 5, Par. D. 17. Provide landscape notes to include the following: X A.) A notation on method and source of irrigation. Chap. 4, Sec. 7, Par. C. B.) Interior parking lot landscape area required and provided. Chap. 7.5, Art. II, Sec. 5, Par. C. C.) PID open space requirements. Chap. 2, Sec. 7, Par. H. 13. 18. On the landscape plan, within the 25 foot perimeter PID buffer, provide X 1 tree (mahogany) per 40 linear foot of frontage and a continuous eugenia hedge (maintained at 6 feet) along the outside edge of the buffer, replacing the cocoplum hedge proposed along south fence line. Hedges along the side lot lines must be extended to the buffer hedge. Chap.2, Sec. 7, Par. H. 17. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 19. Approved subject to all staff comments. X Page 4 Semsco International Office/Warehouse File No.: NWSP 98-012 DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS 20. T-~h~,~d.~/~,a- ~/ /bme ~\CH\MAIN~SHRDATA\PLANNING\SHARED\WP\PROJECTS\SEMSCO INTERNATIONAL\NWSP\COND OF APPROVAL - 2ND REVIEW. DOC , DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~, CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Habitat for Humanity APPLICANT'S AGENT: John Shelly APPLICANT'S ADDRESS: 2200 N.W. 2'd Avenue, #209, Boca Raton, FL 33431 DATE OF CITY COMMISSION PUBLIC HEARING: September 15, 1998 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): Zoning Code Variance (front and rear yard setback) N.W. 5th Avenue SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: oR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby × GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~/'~/~ (/ City Clerk~'-' J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Habitat for Hurnanity~NCV~Development Order - zncv.doc EXHIBIT "E" Conditions of Approval Project name: Habitat for Humanity File number: ZNCV 98-007 Reference: Zoning Code Variance Application dated 7/7/98. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE · Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None ~ X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. The three lots as shown on the plans (lots 19, 20 & 21) are reconfigured X and recorded as two lots. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE X ADDITIONAL CITY COMMISSION CONDITIONS /bme d:\SHRDATA\PLANNIhlG\$H^RED\WP\PlROJEGT$~H^BIT^T FOR HIJMAblIIY~blGV~GOblD. OF APPR-ZhlGV. DOG DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~' - CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Golfview Harbour 3rd Section Plat APPLICANT'S AGENT: City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF RATIFICATION BEFORE CITY COMMISSION: September~ 1998 TYPE OF RELIEF SOUGHT: Abandonment of Utility and Drainage Easements LOCATION OF PROPERTY: Southeast corner of Congress Avenue and S.W. 23rd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 ,,,,,,, ..... DATED: ~~¢ ~ ~ City Clerk ~ J:~SHRDATA~Planning~SHARED~WP~ROJECTS~GolNiew Harbour~ban~DEVELOPMENT ORDER.doc EXHIBIT "C" Conditions of Approval Project name: Golfview Habour 3rd Section Plat File number: ABAN 98-008 Reference: Letter of request dated August 4, 1998 DEPARTMENTS [ INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION comments: None X BUILDiNG DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Recommended approval as submitted. X ADDITIONAL CITY COMMISSION CONDITIONS /bme J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\GOLFVIEW HARBOUR~ABAN\COND. OF APPR,DOC\ DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Original Pancake House APPLICANT'S AGENT: Hendrik DeMello APPLICANT'S ADDRESS: 1300 E. Hillsboro Boulevard, Suite 203-A, Deerfield Beach, FL 33441 DATE OF CITY COMMISSION PUBLIC HEARING: September 15, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (side yard setback) LOCATION OF PROPERTY: North side of Gateway Boulevard, immediately east of Hampton Inn DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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. ' ' ~' City Clerk J:\SHRDATA\Planning\SHARED\WP~PROJECTS\Original Pancake House~.ncv\Development Order - zncv.doc All further development on the property shall be made in accordance with the terms and conditions of this order. N 'oZ% Other . EXHIBIT "D" Conditions of Approval Project name: Original Pancake House File number: ZNCV 98-006 Reference: Zoning Code Variance Application dated 7/7/98. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION · Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. It is recommended that this request be denied. X ADDITIONAL CITY COMMISSION CONDITIONS 2. Conditioned upon all conditions of approval of the new site plan are X included with this request 3. Landscaping be enhanced along the west side including shade trees X adjacent to restaurant and four (4) palm trees and cocoplum hedge north of the restaurant. MWR/dim J:\SHRDATA~LANNING\SHARED\WP\PROJEGTS\ORIGINAL PANCAKE HOUSE~NCWCOND. OF APPR-ZNGV. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Original Pancake House APPLICANT'S AGENT: Hendrik DeMello APPLICANT'S ADDRESS: 1300 E. Hillsboro Boulevard, Suite 203-A, Deerfield Beach, FL 33441 DATE OF CITY COMMISSION RATIFICATION: September 15, 1998 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: North side of Gateway Boulevard, immediately east of Hampton Inn DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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 DATED: City Clerk J:\SHRDATA\Planning\SHARED\VVP\PROJECTS\Original Pancake House\Development Order- NWSP.doc EXHIBIT "C" Conditions of Approval Project name: The Original Pancake House File number: NWSP 98-011 Reference: The plans consist of 6 sheets identified as 2nd Review, New Site Plan. File # NWSP 98-011 with an August 18, 1998 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. 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) FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 2. Submit the required items for waiver of plat specified in the March 11, X 1998 letter from Director of Development Bulent Kastarlak to Richard W. Carlson, Jr., Esq. 3. Provide an acceptable agreement between the Hampton Inn and Pancake X House regarding common use of parking spaces and cross access if needed and their drainage systems, including maintenance. 4. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies, such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any others, shall be included with your permit request. 5. Show all required traffic control markings and signage on the site plan. X [LDR Chapter 4, Section 7.B.2.] Page 2 Original Pancake House File No.: NWSP 98-011 DEPARTMENTS 1NCLUDE REJECT BUILDING DIVISION Comments: 6. To properly review the proposed monument sign that is shown on sheet X A4, add to the drawings the below listed information. The information shall depict the sign and sign structure in compliance with the Quantum Corporate Park approved sign program and Article IV, Section 2 and 7 of the Sign Code (Chapter 21 of the Land Development Regulations). a. Dimension the width of the sign face. Also indicate the total area in square feet (maximum area allowed is 64 sq. ft. each side of a double faced sign). b. Identify the color name, color-code and manufacturer of the colors proposed for the sign face and sign copy. Also identify all colors of the sign structure and sign frame to which the sign is attached. c. Signage shall be permitted independently from other permits for the project. 7. Chapter 9, Community Design Plan, Section 10.I.1 of the Land X Development Regulations, specifies that, "Signs shall be designed and treated as part of the architecture of the building and shall be reviewed at time of site plan review.". Therefore, to properly review the proposed wall signage that is depicted on the east elevation view drawing of the building, add to the drawing the below listed information. The information shall depict the signage in compliance with Article IV, Section 2 and 7 of the Sign Code (Chapter 21 of the Land Development Regulations). a. Dimension on the elevation view drawings the width and height of the proposed wall sign. b. Also indicate in tabular form on the elevation view drawing the total square foot area of the wall sign. Note; the maximum allowed size of signage is identified in Section 2, Article IV, of Chapter 21 - Sign Code and the method to determine the sign area is defined in Chapter 1 - General Provisions, Article II - Definitions (sign, area of). c. Indicate on the drawing whether the wall signage is or is not illuminated. Where applicable, specify the type of illumination. d. Signage shall be permitted independently from other permits for the project. 8. At time of permit review, provide a copy of the South Florida Water X Management District permit that verifies the proposed finish floor elevation is in compliance with the minimum standards. PARKS AND RECREATION Page 3 Original Pancake House File No.: NWSP 98-011 DEPARTMENTS Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Commems: The building setback reduction variance scheduled for the 9/15/98 City Commission agenda, must be approved prior to site plan approval. 10. Plans must be reviewed by the Architectural Review Board internal to the PID; prior to approval by the city. il. Provide a note on the site plan that references the service court area to the dumpster detail in the architectural drawings. Revise the dumpster wall elevations to reflect the site plan dimensions. Include the minimum pad dimensions. Ch.7.5 Art. Il Sec.5 Par. J INCLUDE REJECT X X X X X 12. Submit written confirmation from FPL approving the placement of X landscape trees within their easements. 13. On architectural plans, provide color identifications for monument sign. X 14. X Place a hedge within the green space along the western property line pursuant to Chapter 7.5, Article II, Section 5.4, beginning at the northwest comer of the building, and extending along the loading zone and adjacent row of 9 parking spaces. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. Denied request. ADDITIONAL CITY COMMISSION CONDITIONS Landscaping be enhanced along the west side including shade trees adjacent to restaurant and four (4) palm trees and cocoplum hedge north of the restaurant. 16. MWR/dim J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\ORIGINAL PANCAKE HOUSE\NWSP\COND. OF APPR-2ND REVIEW. DOC \ X X