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Minutes 01-06-98 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 6, 1998, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb, Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz, Commissioner Henderson Tillman, Commissioner Kerry Willis, City Manager Jim Cherof, City Attorney (arrived 7:15 p.m.) Sue Kruse, City Clerk Sam Goren, Josias, Goren, Cherof, Doody & Ezrol I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Reverend Randall Gill- First Presbyterian Church C. Pledge of Allegiance to the Flag led by Vice Mayor Jamie Titcomb Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Gill offered the invocation and Vice Mayor Titcomb led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Tillman requested the addition of Item III-A.4, "Gateway Boulevard". Mayor Taylor advised that Item III-B.4, "Presentation of final grant payment ($19,500) from the Florida Inland Navigation District (F.I.N.D.) for Mangrove Nature Park - Presentation to be made by Lennart E. Lindahl, F.I.N.D. Commissioner" would be postponed until the next meeting. Attorney Goren requested the addition of Item XI-D.1, "Issue to Finalize the Ballot Questions". 2. Adoption Vice Mayor Titcomb moved to approve the seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. agenda as amended. Commissioner Tillman Accept resignation of Pam Winters, Alternate member of the Recreation & Park Board Motion Commissioner Jaskiewicz moved to accept the resignation with regret. seconded the motion that carried unanimously. Vice Mayor Titcomb MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date IV Tillman* Mayor Taylor I Titcomb IV Tillman Mayor Taylor Titcomb Titcomb* II Bradley* Mayor Taylor III Jaskiewicz II Bradley III Jaskiewicz Titcomb Mayor Taylor* III Jaskiewicz* IV Tillman Mayor Taylor IV Tillman Building Bd. of Adj. & Appeals Reg 3 yr term to 4/00 TABLED-3 Code Enforcement Board Alt 1 yr term to 9/98 -1 Code Enforcement Board Alt 1 yr term to 9/98 -1 Community Relations Board Alt 1 yr term to 4/98 -1 Community Relations Board Alt 1 yr term to 4/98 -1 Community Relations Board Reg 3 yr term to 4/00 -1 Community Relations Board Reg 3 yr term to 4/99 TABLED-3 Community Relations Board Reg 3 yr term to 4/98 TABLED-3 Education Advisory Board Alt 1 yr term to 4/98 -1 Library Board Alt 1 yr term to 4/98 -1 Library Board Alt 1 yr term to 4/98 -1 Recreation & Parks Board Alt 1 yr term to 4/98 -1 S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 -1 S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 TABLED-3 Adv. Bd. Children & Youth Alt 1 yr term to 4/98 TABLED-3 Adv. Bd. Children & Youth Alt 1 yr term to 4/98 TABLED-2 Adv. Bd. Children & Youth Stu/Reg 1 yr term to 4/98 -1 Planning & Development Bd. Alt 1 yr term to 4/98 -1 Mayor Taylor appointed Lannette Seabrook as an alternate member of the Education Advisory Board. Motion Commissioner Tillman moved to approve the appointment. Vice Mayor Titcomb seconded the motion that carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: T.N.T. Concert - Oceanfront Park, Friday, January 9, 1998, 5:00 p.m. to 8:00 p.m.- "Island Vibes" (Reggae) Mayor Taylor made this announcement. City Commission Executive Session for the purpose of collective bargaining session- Wednesday, January 14, 1998, 6:30 p.m. Mayor Taylor made this announcement. Joint City Commission/Planning & Development Board/Chamber of Commerce Workshop Meeting regarding community appearance - Monday, January 26, 1998 at 6:30 p.m. - West Wing Conference Room ~C~' MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Mayor Taylor made this announcement. 4. GateWay Boulevard Commissioner Tillman reminded the Commissioners of the City's struggle over the last year to begin the Gateway Boulevard construction with a change in the design. On December 16th, during a meeting with the consultant, progress was made and we are moving forward. The County has agreed to add an additional $350,000 to the project, bringing the total funding to $1.1 million. B. Presentations: 1. Proclamations: a. "The Week of the Working Parent" - January 18 - 24, 1998 Mayor Taylor read a Proclamation declaring January 18th through January 24th as, "The Week of the Working Parent". b. "Four Chaplains Sunday"- February 1, 1998 Mayor Taylor read a Proclamation declaring February Ist as "Four Chaplains Sunday", and presented it to Reverend Gill. Presentation of Annual Holiday Parade Awards by Virginia Shea, Holiday Parade Coordinator Virginia Shea, Community Promotions Supervisor, thanked the sponsors of the Annual Holiday Parade. They are The Palm Beach Post, Sun-Sentinel, Bob Taylor and Bethesda Hospital, and Cafb Barista. The character costume sponsors were Mainstreet Car Wash, Smith Brothers Photography, Barnett Bank, Rainbow Printing, Expercare Nursing and Holiday Inn-Catalina. The First Family sponsors were Cuco's Border Cafe. IHOP, McDonald's, Alpine Florist, Borders Books, and Berlin's Bowling Alley. The following categories were recognized: First Family Mayor's Choice Most Outstanding Float Best Church Float Best School and Youth Float Best City, Town or Government Sponsored Float Best Marching Unit Best Commercial Float Best Marching Band Best Character Costume Judge's Award Brian Aikens Atlantic High School Eaglettes & Company Parents of the Youth Flag Football Cheerleaders Bible Church of God St. Joseph's Episcopal Church and School 1998 Black Awareness Day Coronation Corps Delta Sigma Theta Delteens LA Dance Palm Beach Lakes High School Popeye Sponsored by Rainbow Printing Bible Church of God Ms. Shea thanked the three judges - Dale Hatch, Betty Thomas, and Ginny Foot. Ms. Shea also thanked everyone who participated. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Presentation of Certificates of Completion by Mayor Jerry Taylor to Vice Mayor Jamie Titcomb and Commissioner Shirley Jaskiewicz from Florida Institute of Government Mayor Taylor presented Certificates of Completion to Vice Mayor Titcomb and Commissioner Jaskiewicz for .completion of 18 hours of instruction at the Institute for Elected Municipal Officials. Presentation of final grant payment ($19,500) from the Florida Inland Navigation District (F.I.N.D.) for Mangrove Nature Park - Presentation to be made by Lennart E. Lindahl, F.I.N.D. Commissioner This item was postponed until the January 20th City Commission meeting. IV. CONSENTAGENDA: A. Minutes: 1. Joint Workshop Meeting of the City Commission, Planning & Development Board and Chamber of Commerce - December 8, 1997 Motion Commissioner Jaskiewicz moved to approve the minutes of the December 8, 1997 meeting. Vice Mayor Titcomb seconded the motion that carried unanimously. 2. Regular City Commission Meeting of December 16, 1997 Motion Vice Mayor Titcomb moved to approve the minutes of the December 16, 1997 meeting. Commissioner Jaskiewicz seconded the motion that carried unanimously. Mayor Taylor announced that he had a request from the floor to pull Item D.2. When he questioned whether any of the Commissioners wished to pull this item for discussion, the response was negative. No items were removed from the Consent Agenda. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Approve one-year extension of the Annual Supply of Hydrogen Peroxide (Piggyback Fort Myers Bid #21-94-95) - Bid #032-401-98/CJD TO Vulcan Chemical Technologies, Inc., of West Sacramento, California - Budgeted amount - $140,000. Award Annual Contract for Cleaning Chemicals and Janitorial Supplies - Bid #006-502-98/SP to various vendors on an item-by-item basis. Budgeted amount: $60,000 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Co Award Bid #020-211-98/CJD "Leasing of Five New and Used Vehicles" to Mears Motor Livery Corporation of Orlando, Florida, in the amount of $2,400 per month for a total yearly cost of $28,800 Award Co-Op Anhydrous Ammonia Bid #011-401-98/SP to Tanner Industries, Inc., of Philadelphia, Pennsylvania, in the amount of $5,520 Award bid for Cleaning, Sand blasting and Painting of a Steel and Concrete Potable Water Clarification Basin (Infilco Accelator) - Bid #013- 401-98-SP to INCLAN PAINTING CORP., Miami, Florida, in the amount of $34,900. Resolutions: Proposed Resolution No. R98-01 Re: Authorizing the Mayor to execute an agreement with Big Beat Productions, Inc., in the amount of $4,050 for the Winter/Spring "Tunes in Town" concert series ($3,250) and Black Awareness Day ($800) Proposed Resolution No. R98-02 Re: Authorizing the Mayor to execute an agreement with the non-profit organization, Boynton Beach Kiwanis Club, to sell popcorn, soda beverage and bottled water at the 1998 Boynton Beach G.A.L.A. on March 20, 21, and 22, 1998 Proposed Resolution No. R98-03 Re: Authorizing the Mayor to execute an agreement with Morgan Entertainment, Inc., to provide a variety of music entertainment for public recreation and enjoyment during the 1998 G.A.L.A. festival to be held on March 20, 21, and 22, 1998 Proposed Resolution No. R98-04 Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and Derrick Reid of Music for All Occasions, to provide D.J. services at Black Awareness Day Proposed Resolution No. R98-05 Re: Supporting League of Cities, Inc.'s Constitution Revision Resolution the Florida Ratification of Planning & Development Board ActiOn: Request by Canterbury Realty for a variance from the LDRs, Chapter 21 - Signs, Article IV, Section 1.C to allow an increase in the allowable square footage of a wall sign from 150 square feet to 187 square feet at 1301 North Congress Avenue (Merrill Lynch) Boynton Beach Mausoleum, Inc. request for a variance to Chapter 2 - Zoning, Section 5.J.2 of the LDRs to allow a reduction of the minimum side yard setback requirements from 30 feet to 10 feet MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Boynton Beach Development Corporation request to amend Chapter 21 - Signs of the Land Development Regulations, to exclude from the definition of roof signs and roof top signs, signs placed on parapet walls. E. Approval of Bills A copy of the bills is attached to the original set of minutes on file in the City Clerk's Office. Approve Task Order #33A submitted by CH2M Hill in the amount of $30,671 for the preparation of detailed site improvement construction drawings for Phase One of the East Water Treatment Plant expansion project. Approve the reconstruction/repair work for the fire property loss at Pioneer Park be performed by ERS, of Pompano Beach, Florida, in the amount of $27,698. Approve annual purchase order with Enviroguard Systems, Inc., for landscape maintenance on 1-95 right of-way at the Boynton Beach Boulevard Interchange at a total cost of $16,000 through the end of this fiscal year Approve Change Order #18 for John C. Cassidy Air Conditioning for additional work on the first floor of the West Wing in the amount of $46,975 Approve Public Works' request to purchase 27 vehicles that include seven (7) Crown Victorias, one (1) S-10 Blazer, three (3) four-door wagons, five (5) mid- size four-door sedans, four (4) Chevrolet ½ ton pickup trucks, four (4) GM one- ton pickup trucks, one (1) Ford E150 cargo van, one (1) 1998 Chevrolet extended cargo van, and one (1) GM one-ton HD Chassis Cab. All vehicles, including options, will be purchased from State Contract #070-001-96-1 at a total cost of $483,047 Approve proposal from Wynn & Son Environmental Construction, Inc., for the pathway resurfacing at Boynton Beach Memorial Park (Cemetery) for a total cost of $42,365 (piggybacking Palm Beach County Bid #98054) Expand Pilot Program for Garbage Carts into an additional neighborhood - Golfview Harbour. Motion Commissioner Tillman moved to approve the Consent Agenda as presented. Vice Mayor Titcomb seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: A. Schedule of workshop meetings with Commission and planning consultants City Manager Willis requested monthly workshops with the Commission and the planning consultants to be scheduled for mid-February, mid-March, mid-April, and mid-May. This will take the final schedule through mid-May rather than May 1st. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Commissioner Bradley questioned whether this was an attempt to change the scope of work or the work plan. City Manager Willis explained that a number of issues have been addressed such as the traffic count on Gateway Boulevard. It is important to get that information in order to determine whether to widen the road to three or five lanes. The scope of work will need to be expanded to handle that task. Staff will be meeting with the consultants next week to discuss a number of items that might affect the scope of work. This information will come back to the Commission on January 20th. Although there might be a slight modification, we believe we will have a better finished product. B. Status of North Congress Avenue Medians Wilfred Hawkins, Assistant to the City Manager, advised that the City has received partial grant funding for four medians on Congress Avenue. The bid opening was on December 4th. The Committee will be recommending Sunnyland Irrigation to do the work. The contract bid amount is approximately $100,000. The Palm Beach County grant reimbursement amount is $40,000. The remaining $60,692 will come from the Capital Improvement Budget if the Commission approves this contract. This item is scheduled for review and consideration at the next City Commission meeting. Commissioner Jaskiewicz questioned whether there is any intention to remove the existing oak trees. John Wildner, Acting Director of Recreation & Park Department, said the existing trees will remain in place, and additional landscaping will be planted. Commissioner Bradley confirmed with Mr. Hawkins that this is the ongoing median project that has been in place for a number of years. Commissioner Bradley was also of the opinion that this was a 50/50 matching program for Beautiful Palm Beaches. Mr. Wildner reported that we anticipated a bid of $80,000. The actual bid came in higher. This project can be pared back if that is the desire of the Commission. Commissioner Jaskiewicz expressed concern about the middle medians that have absolutely no landscaping at this time. Mr. Wildner explained that we would continue with the same schedule doing four or five medians per year unless additional funding is provided. At present, the $40,000 with the match from Palm Beach County allows us to do four or five medians each year. In response to Commissioner Jaskiewicz, Mr. Wildner explained that developers participate in funding the landscaping of these medians. At present, a developer is adding landscaping to one of the middle medians as a requirement of his development. Mr. Wildner advised that all of the median landscaping that is part of this project should be completed in approximately two years. 7 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 C. Speed Humps Mr. Hawkins reminded the Commissioners that the speed humps on SW 4th, SW 5th, and SW 6th Streets were installed as part of a pilot project for a period of one year. Staff has been watching this situation closely, and found that the general public supports these humps as a way of solving speeding problems on local streets. However, staff feels speed humps may not be the answer for every neighborhood. The City wants to develop specific criteria that can be applied with respect to where speed humps or other traffic calming devices should be installed. Larry Roberts, Public Works Director, said the speed humps have been a popular item, and they have helped to control some of the traffic speeds in the neighborhoods where they are installed. The City has not received many complaints about the speed humps, but has received a number of complaints about the advance warning signs that have been installed, and the color of the humps. There is very little criteria being used by the cities and counties installing these humps. Therefore, it is necessary to explore this issue and gather more information. There are additional traffic calming devices available that include rerouting traffic through the streets, rumble strips and teardrop islands. Mr. Hawkins advised that the Visions 20/20 consultant is looking at this issue and will help us develop criteria for traffic calming. D. Gateway Boulevard Larry Roberts, Public Works Director, distributed a schedule for this project. He advised that we are on target with respect to the design of this project. We should be able to complete the design and accept bids before the end of 1998. It is anticipated that construction will begin in the early part of 1999 with completion by the end of 1999. At a kick-off meeting with the consultant on December 16th, representatives of the Visions 20/20 planning group were present. Additional funding will be made available to us. In addition, it might be possible to include a drainage outfall through funding from the Lake Worth Lagoon Planning Commission. Mayor Taylor expressed disappointment because he believed this project would be completed in 1998, not 1999. He does not understand why it takes so long to design this project. He pointed out that until tonight, he never heard any discussion about making Gateway Boulevard a five-lane road. This road was supposed to be a three-lane road because there was not enough room to widen it further without having to acquire property. He is very disappointed that this project is moving so slowly. Mr. Roberts explained that we are not totally satisfied that the traffic counts this project is being designed around have taken into consideration the intense possibilities of development in Quantum Park and the Visions 20/20 projects and programs. We want to be certain the design of the road will last through the year 2015. Commissioner Tillman suggested that these items be designed and phased in at a later date. Mr. Roberts advised that we anticipate building a three-lane road that can be expanded in the future. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Commissioner Jaskiewicz pointed out that during meetings to discuss traffic calming, it was stressed that one deterrent is fewer lanes. Mayor Taylor feels it might be necessary to find companies that have more time and people to get this job done quicker. Commissioner Bradley explained that the County has not projected more than a level B capacity on this roadway. Three lanes would be sufficient to handle that level. However, because this County is growing so rapidly, this road could become a major arterial. Commissioner Bradley feels it is important to study the numbers and have the capacity to make the roadway five lanes if necessary. VI, PUBLIC AUDIENCE: Carel Fisher, 16441 Temple Boulevard, Loxahatchee, is the former Deputy Public Works Director. i He complained that when he came to the City on Friday to pick up his final paycheck and the pay-out for accrued sick and vacation time, Mr. Larry Roberts, Public Works Director, refused to release his checks because a label maker was missing from the Public Works Department. Mr. Roberts advised that he would release the checks if Mr. Fisher agreed to purchase a replacement label maker. Mr. Fisher requested a meeting with the City Manager. When she was not available, he met with Dale Sugerman who agreed that at least one of the checks should be released until the matter was resolved. One check still remains with the City. City Manager Willis asked Mr. Fisher to contact her office to schedule a meeting later in the week. Sunny Garcia, Vice President of the Rolling Green Homeowners' Association, thanked the Commission for the plants that were installed on 13th Street. He requested that the City consider resealing some of the streets in his neighborhood next year. Mayor Taylor advised that every street within the City is on a schedule for repaving. He suggested that Mr. Garcia check the schedule. If there is a problem with potholes, that information should be brought to the attention of the City. VII. PUBLIC HEARING: Ao Project: Agent: Owner: Location: Description: Foster Property (ANNX 97-001 and LUAE 97-003) Julian Bryan and Associates Roland E. and Leila M. Foster North side of Miner Road, one-half mile west of Congress Avenue Request for annexation, the amendment of the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach County to Low Density Residential, and to rezone the property from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development with a land use intensity of 4.0 (PUD with LUI=4.0) to allow for 98 zero lot line, single-family homes Attorney Cherof administered the oath to all that would testify on this application. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Mayor Taylor announced that the Planning & Development Board unanimously approved this item. Martin Perry represented the applicant. He thanked staff for their cooperation during this process and advised that the applicant agrees with staff's comments. The plan is consistent and compatible with the neighborhood. This application involves 98 zero-lot line lots. The staff report discusses lot size. The average size of the lots is 6,000 square feet. However, the applicant is unable to achieve a minimum lot size of 6,000 square feet. All of the lots are at least 5,000 square feet. One-third of the lots are in excess of 6,000 square feet. The applicant is unable to create a housing type or style that is consistent with the goals of the City for more upscale and larger homes. The applicant has agreed to the additional condition imposed by the Planning & Development Board. The only unresolved item is the size of the street. This subdivision will have one street. The applicant is requesting that this private street be permitted at 40' rather than 50'. Everything can fit within the 40' with the exception of one sidewalk that will be an easement outside the 40'. Julian Bryan, Planning Consultant and Agent, 756 St. Albans Drive, Boca Raton, advised that there is a mobile home park in unincorporated Palm Beach County to the west, and the Meadows Subdivision on the east. Mr. Bryan said he was able to place a 20' landscape buffer around the entire community that is separate and independent from the lots. In addition, there will be two lakes on the east that will provide additional buffering. One additional staff comment requested a secondary emergency access to the community. That access was initially placed in the northwest corner. After consideration, staff felt it would be more appropriate to create the emergency access at the northeast corner to allow a pedestrian access to Meadows Boulevard. This will be incorporated into the plan. Mr. Perry explained that there has been no discussion with respect to the park situation because they have set aside a small area that does not meet all of the City requirements. The applicant's intention is to utilize the Code provisions to make a contribution for whatever they do not have. In addition, the applicant is providing the pedestrian access to the public park north of the Meadows. He reiterated that the applicant is in agreement with 'all conditions. The only issue subject to debate is the 40' street versus the 50' street. The project is not feasible without 40' streets because the lot sizes will be dramatically altered. There is a provision in the Code that allows the Commission to vary the street width without the applicant having to request a variance. In response to Commissioner Tillman, Mr. Perry advised that there is a 20' landscape buffer along the west property line adjacent to the mobile homes. In addition, there are the typical rear yard setbacks that average approximately 15'. There will be large shade and canopy trees in the buffer planted on 30' centers along the perimeter as well as a Ficus hedge that will grow to a height of 6' or 7'. Commissioner Bradley asked Mr. Perry to explain why the applicant cannot make the average lot size larger than 6,000 square feet. ]0 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Mr. Perry explained that, for economic reasons, the project would not be feasible if the lots are all 6,000. If the applicant constructs a 50' width street and maintains 6,000 square foot lots, he would lose 25% of the lots. Land acquisition prices will not allow this project to be feasible. The applicant would look for another vacant parcel. Mr. Perry explained that the applicant is trying to maintain a certain size and type of house to try to meet the desires of the City with respect to upgrading housing stock. To increase lot sizes and street width, the number of lots must be reduced. Therefore, a higher priced house must be built to make up the economic loss. This could put the developer out of the market because it does not make sense to build that high- priced housing project in the neighborhood. The applicant has met all of the City's requirements. Many of those requirements are in excess of what the County would require. The only things the applicant cannot do is provide a 50' width street and 6,000 square foot minimum lot size. Twenty-seven of the 98 lots exceed the minimum requirement, 35 lots are at 5,000 square feet, and the remaining lots are between 5,000 and 6,000 square feet. The applicant has made a good effort to accommodate all of the City's requirements. In response to Commissioner Bradley, Ms. Heyden explained that the LUI at the Meadows is probably six, and there are nine different pods in that subdivision. The lots in the smaller single- family pods are 5,000 square feet. The lots in the last pod that was built are approximately 6,000 to 7,000 square feet. However, the average lot size in the Meadows is 5,500 square feet. Commissioner Bradley feels that if the Commission is adamant in requiring the minimum lot size, the City will have better housing stock. Mayor Taylor agreed with Commissioner Bradley's remarks and pointed out that one of the goals of this Commission was to upgrade housing stock in this community. He is not happy with crammed in homes with no sidewalks on narrow streets. Ms. Heyden explained that this applicant was faced with the decision of whether to go through the County process or come to the City. This property is in our Reserve Annexation Area. Even if we enter into a Water Service Agreement with the applicant, he would have to come to us at some point. Water service and annexation are done simultaneously. We wanted the applicant to come through our process so that once the property is annexed, it meets our standards. To entice the applicant to come to the City, we developed a proposal for the applicant to get through our process in an expeditious manner. As part of that proposal, much negotiation took place. The original plan was for 4,500 square foot lots. This parcel of land is very small compared to other parcels within the Meadows. Staff was able to persuade the applicant to increase the lot sizes to not less than 5,000 square feet. The applicant has made an effort to comply with our housing goals while still maintaining a marketable project. Ms. Heyden reminded the Commissioners that we now require all local streets to have sidewalks on both sides. The applicant can meet all design requirements within a 40' right-of- way. The only remaining issue is whether or not the variance process can be part of these proceedings. Mr. Perry advised that there were no letters of objection written from the surrounding neighborhood. The applicant has made a significant effort and wants to meet all regulations to the best of his ability. Although the applicant does not meet the minimal 6,000 square feet on all lots, he averages 6,000 square feet. The land use intensity is less than any other development in the surrounding area. Mr. Perry urged the Commission to grant approval of this petition. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Commissioner Bradley said he appreciates the applicant's efforts to comply. However, he has a problem with the 40' street width. Mr. Perry explained that the pavement meets all of the City's requirements. The applicant is able to fit one sidewalk and will construct the other sidewalk by way of an easement. He reminded the Commissioners that this street would be a private street. Commissioner Bradley feels this is too much of a project on a small site. Mr. Perry said the applicant could have gone to the County and gotten approval for 4,500 square foot lots with a 40' roadway and bulkheads instead of the cul-de-sacs. He feels the applicant has made a real effort to work with the City. Commissioner Jaskiewicz said she appreciates the efforts that were made, and she realizes that if this project went through the County process and we annex this property at a later date, we will have to deal with smaller lots than are currently being proposed. She concurs with staff that the applicant made a sincere effort, and she is in favor of this project. Commissioner Tillman expressed concern about the width of the roadway with respect to emergency vehicles, and questioned whether the applicant could improve the buffer. Mr. Perry said the proposed landscaping is in excess of City requirements. Mr. Bryan advised that since the Ficus hedge is 20' wide, nothing would be accomplished by constructing a berm. The applicant proposes a Ficus hedge at grade. In addition, there will be trees not less than 30' on centers. There are clusters of trees and Palms in addition to the trees on 30' centers. One reason a decision was made not to do a berm was that there is a technical problem associated with berms related to rear yard drainage. In addition, there is not enough space available to include a 5' or 6' berm. However, the applicant can put in a 2' or 3' berm. Vice Mayor Titcomb concurred with Commissioner Bradley's feelings about house size and street size. However, he appreciated the efforts made by the applicant to meet our Code requirements, and realizes the benefit of annexation of the property at this time. He will support this project. Bulent Kastarlak, Director of Development, said that in considering this subdivision, it is important to think about the final product. This plan has 2,600 square foot houses on each lot. Even if a one-car garage were removed, a 2,000 square foot house would remain. Therefore, there was no flexibility to design this project differently. He commended the designer of this project. The size of the lots is compatible and he is comfortable with the projeCt. He recommends approval of this project. Ms. Heyden advised that this applicant is the first applicant in three years who has not included the buffer as part of the lot size. If this applicant did that, it would raise the lot size by 1,000 square feet. Although Mayor Taylor still desires better housing stock for the City, based on the comments made by Planning & Zoning, and the applicant's efforts to work with the City, he will support this project. ]2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Motion Commissioner Jaskiewicz moved to approve the request for annexation, the amendment of the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach County to Low Density Residential, and to rezone the property from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development with a land use intensity of 4.0 (PUD with LUI=4.0) to allow for 98 zero lot line, single-family homes, subject to staff comments. Commissioner Tillman seconded the motion that carried 5-0. Mr. Perry reported that he has a long history in the City of Boynton Beach. He complimented staff and said this has been his best experience working with the City. B. Project: Agent: Owner: Location: Description: Item #1 First Baptist Church of Boynton Beach (LUAE 97-002) Item #2 Woolbright Place PUD Master Plan Modification (MPMD 97-006) Item#3 Woolbright Place PUD Land Use Amendment (LUAE 97-004) Unruh-Smith & Associates First Baptist Church of Boynton Beach, Boynton Beach I Ltd. Partnership, and Boynton Beach I1 ltd. Partnership Woolbright Place PUD (east and west sides of SW 8th Street, one- quarter mile north of the intersection of SW 8th Street and Woolbright Road Request to amend and rezone a 14.18 acre parcel within the Woolbright Place PUD to change the existing approved use from a church to a health care campus Attorney Cherof administered the oath to all who would testify during these proceedings. Ellen Smith, Development Planner with Unruh Smith & Associates, represented the applicant. She thanked staff for their professionalism in keeping the applicant on track during this Comprehensive Plan process. She further thanked the residents of Leisureville who met with the applicant on Friday. In response to that meeting, the applicant revised the site plan. Copies of those revisions were distributed to the Commissioners and are attached to the original set of these minutes on file in the City Clerk's Office. Ms. Smith referred to Page 3 of Planning & Zoning Division Memorandum No. 97-596 that provides excerpts from the City's Comprehensive Plan. This is a transitional, moderate-impact site plan that will respect the neighbors. The project meets concurrency and will maintain the character of the surrounding community. Adverse impacts on the natural environment will be minimized. This project meets the first goal of the Comprehensive Plan. With respect to infrastructure, this proposal will not change any of the water or sewer lines currently in place. There will be no impact on the school system, park system, or drainage system of the City. The Traffic Circulation Element requires the project to maintain Level of Service C or better on daily and peak-hour conditions on roads such as SW 8th. Since 13 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Woolbright Road is a County roadway, they set the Level of Service. This project is well within the limits of the Traffic Circulation Element as it relates to all of the roads. This project has been designed to be sensitive to the commercial activities and residential community bordering it. The project has all of the characteristics of a mixed-use project, and is appropriately located. The commercial portions of the project are quiet. There are day impacts, but there is no noise, odor, or early or late hours. It is consistent with the character of the surrounding area. Higher densities are not being proposed. This project will not change the character of Lake Boynton Estates. Lake Boynton Estates is one-quarter mile north of this project, across a five-acre preserve and a 12-acre retention area that is permanent open space. In addition, it is across a four-lane divided highway. The Vinings Apartment Complex is adjacent to the residential portion of this proposed project. The Vinings is 16.8 units per acre. There are 13 beds per acre in this proposed project. The First Baptist Church purchased this property for their future church. When the church was proposed, deed restrictions ran with the land and the surrounding area. Those restrictions would not allow certain uses to be built within close proximity of the church. Those deed restrictions have expired, and some of those uses have been developed. The church no longer feels this location is appropriate for their use. This project is compatible with the scale. It is across from the Shoppes of Woolbright. There have been suggestions to develop this property as residential. The traffic vested for the church is approximately 750 trips per day. This figure equates to 75 homes. Seventy-five homes on 14.8 acres would be a density of 1.9 units per acre. The applicant does not feel 2-units per acre is logical on this property. If the applicant decided to develop a project similar to the Vinings, he would be over the traffic proposed. In addition, it is felt that this location may not be appropriate for residential since it is very close to commercial. Ms. Smith urged the Commission to support this proposal. Tambri Heyden, Planning & Zoning Director, advised that staff recommends denial of this request for two reasons. The primary reason for denial is traffic and the increase in the number of trips this project will generate beyond what is vested for this parcel. Level of Service C is our adopted Level of Service. Southwest 8th Street is a local street. Palm Beach County is not required to review it, nor do they have standards available for such a review. Level of Service is lowered with the number of traffic lights and stop signs. Staff concurs with the applicant about the daily trips. A count taken during peak indicated 6,374 daily trips per day. Staff has reduced that number to an average of 6,102 daily trips. Staff used a table that indicates that the threshold for Level of Service C for this road is 8,800. This project will be over the threshold for Level of Service C by 432 average trips per day. The office building is the major traffic generator of this complex. It generates approximately 80% of the overall trips. It is a three-story building. If that portion of the project was reduced by one floor, it will still be over the threshold for Level of Service C by approximately 125 average daily trips. The second reason for denial is we have seen an inundation of ACLFs and nursing homes over the past year. Some of them have been approved and others have gone through a number of 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 time extensions. In reviewing the Comprehensive Plan, we have filled our demands for this use in our area. Ms. Smith explained that Level of Service C is a range, and everyone has a different way of defining it. The City's Codes do not define Level of Service C. One of many definitions available defines it as 8,800. The applicant's traffic engineer does not believe the level of traffic for this project meets the City's Level of Service C considering the formula the applicant was asked to use. Rob Rennebaum, a registered Professional Engineer with Simmons & White Engineers, has been performing traffic engineering for approximately 15 years. Eleven years have been spent doing this job in Palm Beach County. Mr. Rennebaum is a member of the Palm Beach County Access Management Task Team, serves on the Palm Beach County Traffic Performance Appeals Board and is a member of the National Institute of Transportation. In the original staff report prepared for the Planning & Development Board, the numbers indicated that the applicant would be over the Level of Service. Staff has agreed with Mr. Rennebaum's number of 6,100 trips. The staff report indicated the number staff felt was approved but not built. Even though those trips are not on the road, staff felt they should be considered. The applicant did consider those trips along with the trips associated with their project. The applicant also considered the trips that would travel north on SW 8th. The original report assigned 20% of the project trips north. When Mr. Rennebaum prepared his report, he was conservative and assigned 40% of the project trips north. He also dealt with the number that was approved, but is not built. Mr. Rennebaum was able to show that the applicant was under the most conservative way of looking at Level of Service C (8,800). The confusing issue involves the fact that Level of Service C is a range. County standards do not apply. The applicant must use the FDOT statewide standards to establish Level of Service C. This is based on number of signals per mile. Level of Service C is 15,000 at 2 ~ signals per mile. At 2 ¼ to 4 ¼ signals per mile, the figure is 8,800. Signalized intersections per mile are figured by length link. It is one mile from Woolbdght Road to Boynton Beach Boulevard. DOT mandates that each signal at each end be counted as one-half of one signal. This amounts to a total of one signal for this area. Therefore, the applicant is dealing with a link that is one mile long with one signal (following DOT standards). Therefore, Level of Service C would be 15,000 in the one-mile range. Staff indicated that the project was over Level of Service C by 432 trips. That figure is based on 2 ¼ to 4 ¼ signals per mile. That is not the appropriate table to use to analyze this link. Although it appears clear that the table to be used should be 15,200, stop signs must be considered. There are two stop signs on this link. Mr. Rennebaum stated that Level of Service C for this road is somewhere in the range of 15,000 and 8,800. DOT does not have a clear table that includes calculations when stop signs are involved. Level of Service is based on delay in travel times. Stop signs cause delay and reduce travel speeds and travel times. However, they do not have the same effect as signals. Mr. Rennebaum feels staff reinvestigated what is approved but not built and determined that amounts to 400 to 500 trips. Mr. Rennebaum stated that he was very conservative in his calculations by using the worst table that was available (8,800). In a worst-case scenario, Mr. Rennebaum's report indicates the applicant would be a few trips lower. As an expert, Mr. Rennebaum does not believe this project will cause SW 8th Street to go over Level of Service C. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, '1998 Bulent Kastarlak, Director of Development, feels the size of the medical building is equivalent to a hospital. This facility alone is 67,000 square feet. This is not a neighborhood type of medical facility. He does not feel this site plan is sensitive to the quality of the environment in this area. In addition, he pointed out that the road narrows to two lanes just a few hundred yards north of this project. This will present a traffic problem. Mr. Rennebaum stated that his entire discussion was based on the two-lane roadway - not the four-lane roadway to the south. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. Following is a list of people who spoke in opposition of the proposal. Their concerns focused on the traffic that would impact their neighborhood. Margy Lenhertz 619 SW 2nd Avenue Steven Scott 215 SW 8th Street Gary Lenhertz 619 SW 2nd Avenue Neal Smith 220 SW 8th Street Daryl Green 645 SW 2na Avenue Robert Clark 744 SW 1st Court Stanley Olsen 106 NW 8th Street Howard Brown 732 West Ocean Robert Hahn 746 West Ocean Susan Hahn 746 West Ocean Jos~ Aguila 800 SW 1st Court Tom Mathis 731 West Ocean Ms. Ellen Alexander, 604 Canal Way, expressed concern about the three-story medical building that was proposed. Following is a list of people who spoke in favor of this project. They support the sale of this property since they feel a church use is no longer appropriate in this location. Furthermore, they wish to remain in the downtown area of Boynton Beach and be part of the revitalization of the City. Bud Meadows Dave Edward Dorothy Von Gary Brandenburg Cliff Melear Ann Wemiss Lee Wische* 200 SW 12th Avenue 1360 SW 27th Place 334 SW 11th Avenue Law firm of Carlton Fields 312 SW 11th Avenue 6760 East View Drive, Lantana 1302 SW 18th Street *Mr. Wische submitted a letter of support from Clyde Helsinger, President of the Board of Directors of Palm Beach Leisureville Community AssoCiation, Inc. The letter is attached to the original set of these minutes on file in the City Clerk's Office. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Greg Kino, attorney with Boose, Casey & Ciklin, and representing Woolbright PCD and Howard Scharlin, advised that the property owner has not breached the covenants. There was a five-year time period that prohibited certain uses from being constructed. That time period has expired. The only use that was inconsistent with the covenant was the drive-through. With respect to traffic, Mr. Kino reminded the Commissioners that his client is vested for a certain amount of trips and square footage. No further road improvements will be necessitated by his applicant's projects, and his client will not provide funding for any road improvements that might be necessary in the future if approval of this project results in the total amount of trips exceeding the amount of vested trips. Mr. Kino explained that the City has told his client he cannot exceed the amount of vested trips for his project. The applicant has felt that would be possible if he could meet the adopted Level of Service on the roadways. The church is now doing that by going beyond 750. In the event his client has a user that will exceed the vested trips, they will proceed under this same type of scenario as long as they meet the Level of Service. Mr. Kino's client is not opposed to the proposed uses. However, he does not expect the buyer to object to any future retail or commercial type use his client proposes. Mr. Kino was somewhat concerned that the applicant would withdraw from the cost of the drainage maintenance. However, he realized that the applicant has agreed to remain within the maintenance association and pay their fair share of drainage. He requested that the Commission consider this as a condition of approval of this project. WITH NO ONE ELSE WISHING TO SPEAK, MAYOR TAYLOR CLOSED THE PUBLIC HEARING. Ms. Smith addressed some of the concerns mentioned by the residents. · For the purpose of proceeding, Ms. Smith agreed with staff on traffic Level of Service and definition. The applicant will accept 432 average daily trips which equals a reduction of 12,650 square feet off the medical building. · The applicant feels this parcel is a good location for the CLF and an offer is imminently expected if this proposal is approved by the Commission. · The proposal is well beneath the lot coverage percentage allowed in this area. Only 28% of the lot will be covered. In response to Mayor Taylor, Ms. Smith said she did not agree to eliminate one story of the medical facility because that would amount to 33,000 square feet. However, they will reduce the square footage of the facility. Commissioner Jaskiewicz did not feel this particular project would cause the truck traffic concerns expressed by the residents. The people who will be served at this CLF will probably not be driving during peak hours. In addition, most medical facilities close by 5:00 p.m. Commissioner Jaskiewicz likes the mix of uses proposed in this project, and the fact that time frames will not coincide with traffic from The Home Depot. Commissioner Jaskiewicz suggested that the applicant consider construction of a right-turn only out of the medical complex. This would reduce the amount of traffic traveling north on SW 8th' She further recommends that staff investigate solutions to the traffic problems in this area, perhaps by constructing a loop road 17 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 along Morton's Way. Commissioner Jaskiewicz agrees with staff that the medical office building is not acceptable with respect to size. It should not exceed two stories. She would want a commitment that if this project is approved, that it will be built on that property within a specified period of time, or the zoning would revert back to its current zoning designation. Vice Mayor Titcomb realized that the problem with this petition was the ongoing negative impacts on the neighborhoods to the north. He recommended that staff investigate the possibility of abandoning SW 8th Street past the conservation area up to Ocean Drive, and dedicating it to a public park. By doing this, the traffic problem would be solved. In order for Vice Mayor Titcomb to support this project, he would like the office building reduced to two stories to guarantee the reduction of traffic trips. He feels this project is compatible with surrounding uses. He requested that a solution be found to the traffic problem that will impact the neighborhood to the north. If that problem is solved, he will support this petition. Commissioner Bradley agreed that the traffic has increased a great deal since the read was opened approximately one year ago. He requested that staff comment on Vice Mayor Titcomb's suggestion to abandon the roadway. Commissioner Tillman was in agreement with Vice Mayor Titcomb's remarks. In addition, he feels the biggest issue is the size of the middle building. A reduction in the size of that building would gain his support for the project. He also agreed that something must be done about the traffic problem in this area. He pointed out that traffic would be generated regardless of the project that is developed on this property. He will support this project with a reduced size medical facility. Mayor Taylor said he would not support abandoning a major road in this City because he does not see that as a solution to the problem. While he understands that there are problems because of increased traffic, he realizes those problems will be exacerbated as the remainder of the property is developed. He suggested that the applicant consider funding speed humps on SW 8th (right off Boynton Beach Boulevard) when construction commences. These speed humps will deter people from using the roadway. He will support this petition if the medical facility is reduced to two stories. He agreed that staff needs to look at ways to deter traffic off SW 8th Street. A new resident of the area recommended that Ocean Drive at SW 8th to Boynton Beach Boulevard be changed to a one-way roadway to eliminate traffic in this area. Ms. Smith agreed to reduce the number of stories of the medical facility to two. However, she requested that the size be allowed within the allotted traffic capacity. That number is approximately 54,000 square feet which is a reduction from the originally proposed 67,000 square feet. The applicant agrees to fund speed humps concurrent with issuance of Certificate of Occupancy. The applicant has explored the possibility of having the medical facility closest to Cracker Barrel. Although it would be less efficient than having it in the center of the site, the applicant would be willing to move that facility. David Cheer, Planner/Landscape Architect and President of Seminole Bay Land Company, said the building was placed in the middle of the site because it is the major traffic generator. It was important to keep the traffic close to the intersection. In addition, an effort was made to save as many existing trees as possible on the site. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 When Ms. Smith suggested this was a trade-off for the right-turn only lane, Mayor Taylor advised that this would be addressed at site plan. In Ms. Smith's opinion, the proposal is a good use of the property. However, it will come back to the Commission if any other project is suggested in the future. She recommended that the expiration of the Comprehensive Plan and rezoning request be tied to the life of the master plan. Ms. Heyden explained that the life of the rezoning is 18 months. If it is not acted on within that time period, it will revert to the original zoning. Commissioner Bradley asked for residents' input with respect to the installation of speed humps. Jos8 Aguila said he is not an expert on speed humps, and is not certain they are legal. He supports the closing of the read to through-traffic. He reminded the Commissioners that if this project is approved and the applicant exceeds the vested trips for the project, this would open the door for other developers to require the same treatment. Attorney Cherof pointed out that there were a number of issues discussed during these proceedings that were not incorporated in the conditions of approval, the comments of staff, or comments of the Planning & Development Board. In addition, the applicant spoke of conditions they are amenable to. A number of questions were posed, and staff should have an opportunity to investigate and report back. Attorney Cherof recommended tabling this item to provide an opportunity to review the record so that all conditions can be documented and staff can have the opportunity to respond with respect to the issue of speed humps and road closure. In response to Mayor Taylor, Mr. Kastarlak advised that staff would be ready to provide a response with respect to the issues of speed humps and read closure within two weeks. Ms. Heyden said clarification is needed with respect to the height of the medical facility. It was her impression that the Commission wants the facility reduced in size to two stories. That would result in the reduction of 33,000 square feet. However, the applicant's offer to reduce the square footage equates to the number of trips they are over the threshold. Ms. Smith advised that this would equate to the 432 average daily trips that staff says exceed Level of Service C on SW 8th and Ocean. A reduction in the building of 12,650 square feet will' achieve consistency with the City's Level of Service. That is what the applicant would like to build at a two-story level. Commissioner Bradley explained that the Level of Service is still questionable. He requested that the numbers be crunched to remove the entire third story while still keeping the same footprint. That would amount to a reduction'of 33,000 square feet. Ms. Smith said that would more than exceed what is required by the Plan. Ms. Smith will provide the traffic savings at the next meeting. Mayor Taylor felt this discussion could take place when the applicant comes back at the next meeting. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Motion Vice Mayor Titcomb moved to table this to the next meeting as per the City Attorney. Commissioner Tillman seconded the motion that carried 5-0. Mr. Aguila confirmed with Mayor Taylor that public input would be accepted at the next meeting with respect to the findings - not to rehash everything that was discussed at this meeting. Michael Morton, Woolbright Place development, said he is not opposed to approving this project, but he would be vehemently opposed to the closure of SW 8th Street. The shopping center was planned dependent on the fact that the street goes from Woolbright Road to Boynton Beach Boulevard. The City cannot usurp his right to use that street in order to put 2,000 more trips on the road. He still has 157,000 square feet left to build. This proposed project is adding 67,000 square feet of retail that amounts to a 40% increase. There will be a lot more traffic on SW 8th Street that was planned for and approved. The City cannot close SW 8th Street. Mayor Taylor said he tried to point out that fact earlier in the meeting. He reminded everyone present that the next City Commission meeting would be on January 20, 1998. MAYOR TAYLOR DECLARED A BRIEF RECESS AT 9:50 P.M. THE MEETING RECONVENED AT 10:05 P.M. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Item B was addressed first while awaiting the return of the City Attorney. Authorization to amend agreement for professional services with Bryant, Miller & Olive City Manager Willis advised that there is an increasing trend in the public sector to hire an interest in Tallahassee to represent us while we go through the Legislative Sessions. Our experience with the school was a shining example of something that we probably would not have had any luck on without an extraordinary intervention effort in Tallahassee. Private sector lobbying efforts with millions of dollars to spend on issues on behalf of special interest groups are pushing every year for exemptions to governmental regulations and associated fees. These items have a significant budgetary impact on municipalities that sometimes result in millions of dollars in unfunded mandates. The telecommunications industry is trying to exempt itself from governmental regulations over siting of poles and related equipment in public rights-of-way and from the payment of associated licensing fees. This legislation, if successfully passed, would directly result in an immediate loss 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 of revenue to the City in excess of $2 million upon passage. In addition, this is an immediate loss of home rule control over land use issues that impact rights-of-way. Despite the lobbying efforts of the Florida League of Cities to prevent the passage of unfunded mandates, we are seeing more legislation passed every year. This year alone, there is a four to five page summary of bills that are pending that will have an immediate adverse impact upon our ability to regulate our land uses and keep from raising taxes by charging user fees to members of the private sector that can easily afford them and add them in as a cost of doing business. City Manager Willis recommends expanding the lobbying efforts of the firm of Bryant, Miller & Olive. They are located in Tallahassee and they also represent the interests of the City of Boca Raton. City Manager Willis feels this is an excellent investment in the City's future. Motion Commissioner Tillman moved that we retain the firm of Bryant, Miller & Olive. Vice Mayor Titcomb seconded the motion. Commissioner Bradley agrees that it is critical to have a lobbyist, and he voted in favor of Bryant, Miller & Olive with respect to the education issue. This firm did a fine job lobbying for the high school, and he feels they will do a good job for the City if they are selected. Commissioner Bradley will not support hiring this firm because of the possibility of misperception on the part of the constituents. He feels we must avoid the perception of conflict of interest even if there appears to be no conflict, as in this situation. Commissioner Jaskiewicz confirmed with City Manager Willis that this firm will continue to lobby on behalf of the schools. The motion carried 4-1. (Commissioner Bradley dissented.) Discuss amendment of Code to permit the Nuisance Abatement Board to impose fines Attorney Cherof advised that approximately one year ago, one of the State courts passed a ruling that "took the teeth out" of the Nuisance Abatement Board's ability to order closures of property. This was one of the key components of our Ordinance and one of the key powers needed to stop activity characterized as a nuisance. There are additional powers and procedures the Board can use that are not currently contained in the Ordinance. Attorney Cherof recommended that the Commission authorize him to bring back an Ordinance at the next meeting to further define the role of the Nuisance Abatement Board. Consensus There was a consensus of the Commission that Attorney Cherof bring back an Ordinance at the next meeting defining the role of the Nuisance Abatement Board. Xl. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 2] MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Proposed Ordinance No. O97-54 Re: Amending the future land use map of the Comprehensive Plan from Low Density Residential to Public and Governmental/Institutional for Cedar Ridge PUD and High Ridge Commerce Park PID, a 6.37 acre parcel Attorney Cherof read Proposed Ordinance No. O97-54 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-54. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O97-55 Re: Amending Ordinance 91-70 to rezone a certain 6.37-acre tract of land from PUD (Planned Unit Development) to R-1AA (Single-Family Residential) on the northeast portion of the original plat of Cedar Ridge and amending the revised zoning map accordingly Attorney Cherof read Proposed Ordinance No. O97-55 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-55. Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. unanimous. Commissioner The vote was Proposed Ordinance No. O97-56 Re: Amending Chapter 24 "Taxicabs", by deleting sections 24-12, 24-14, and 24-15 in their entirety, reserving said sections; amending section 24-13, requiring the submittal of driving and criminal records of taxicab drivers and requiring vehicle inspections Attorney Cherof read Proposed Ordinance No. O97-56 by title only. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-56. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 B. Ordinances- 1st Reading Motion Commissioner Tillman moved to remove Items B.1 and B.2 from the table. Commissioner Bradley seconded the motion that carried 5-0. Proposed Ordinance No. O97-52 Re: Submitting to referendum an amendment of the City Charter abolishing the Civil Service system for all new personnel hired after March 30, 1998; providing for form of question to be presented at the referendum election, providing for title language and explanatory language for advertisement of said referendum election to be published in accordance with the Code of Ordinances, the Charter of the City of Boynton Beach and the State of Florida Election Code, and providing for submission of amendments to the Department of State (TABLED FROM 12/02 CITY COMMISSION MEETING) Attorney Cherof read Proposed Ordinance No. 097-52 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-52. Vice Mayor Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. In response to Commissioner Bradley, Attorney Cherof advised that the Personnel Policy Manual would be completed for Commission review by the second reading of this Ordinance. Proposed Ordinance No. O97-53 Re: Submitting to referendum an amendment to the City Charter by deleting Sections 72.4, 72.5, 72.6, 72.7, 72.8, and 72.12 in their entirety, thereby sunsetting the Civil Service Board, and directing the City Commission to provide an ordinance providing for an administrative procedure for the processing of grievances (TABLED FROM 12/16 CITY COMMISSION MEETING) Attorney Cherof read Proposed Ordinance No. O97-53 by title only. Motion Commissioner Tillman moved to approve Proposed Ordinance No. O97-53. Commissioner Jaskiewicz seconded the motion. Commissioner Bradley recalled discussion about supplementing the word "abolish" for the word "sunsetting". Mayor Taylor said there was a request by a citizen to change the Ordinance to say "abolish civil service" instead of sunsetting it. That request was with respect to Proposed Ordinance No. 097-52. City Clerk Sue Kruse polled the vote. The vote was 4-1. (Commissioner Bradley dissented.) 23 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Attorney Cherof advised that the Commission will be provided with a revised Section 5 simplifying the ballot language that will eliminate the first and third paragraphs currently shown. This change will be made before second reading. Proposed Ordinance No. O98-01 Re: Rescinding, in its entirety, Ordinance No. 097-40 which submitted to referendum an amendment of the Charier to delete in its entirety Article IV-A entitled Merit System for Personnel and which was passed on August 5, 1997 Attorney Cherof read Proposed Ordinance No. O98-01 by title only. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O98-01. Commissioner Tillman seconded the motion. Commissioner Jaskiewicz requested clarification regarding why Ordinance No. 097-40 is being rescinded. Attorney Cherof explained that we will be providing an alternative question which leaves the Civil Service System in tact for current employees. Ordinance No. 097-40 was the original Ordinance that deleted it for everyone. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O98-02 Re: Amending Chapter 18, Section 18-82(2) of Ordinance No. 96-04 regarding repayment of withdrawn contributions following reemployment by the City Attorney Cherof read Proposed Ordinance No. O98-02 by title only. Motion Commissioner Bradley moved to approve Proposed Ordinance No. O98-02. Commissioner Tillman seconded the motion. Attorney Cherof advised that there is a one-year limit for the repayment of withdrawn contributions. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 098-03 Re: Amending Chapter 21 of the Land Development Regulations, Signs, by amending Article II, "Variances/Exemptions and Prohibitions", Section 3.H. Attorney Cherof read Proposed Ordinance No. O98-03 by title only. 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. 098-03. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 6. Proposed Ordinance No. O98-04 Re: Amending Chapter 1 of the Land Development Regulations, Article II Definitions, providing for revision to the definition of roof sign and the creation of a definition of parapet sign Attorney Cherof read Proposed Ordinance No. 098-04 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098-04. Commissioner Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R98-06 Re: Development Projects Design Award Recognition Program Attorney Cherof read Proposed Resolution No. R98-06 by title only. Motion Commissioner Bradley moved to approve Proposed Resolution R98-06. Commissioner Jaskiewicz seconded the motion that carried unanimously. 2. Proposed Resolution No. R98-07 Re: Authorizing and directing the Mayor and City Clerk to execute an addendum to the lease agreement between the City of Boynton Beach, Florida, and Kenneth Welch for the Lease of the Bait Shop at Boat Club Park, consenting to assignment of the lease from Kenneth Welch to Tim and Monica Barranco Attorney Cherof read Proposed Resolution No. R98-07 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution R98-07. Bradley seconded the motion that carried unanimously. Commissioner Other: 1. Finalize Ballot Questions 25 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 Attorney Cherof advised that because of the deadlines imposed by the Supervisor of Elections and requirements for advertising, the next meeting will be the last opportunity to make any changes to the ballot questions. There has been a suggestion that the ballot question that deals with the terms of office be changed to state that the terms of office of an elected officer would not be limited, as opposed to stating "would be unlimited". Commissioner Jaskiewicz requested that the last sentence become the first sentence of the paragraph. It would read as follows: "The length of each term would remain the same - two years. The number of terms an elected officer could hold would not be limited." The Supervisor of Elections' deadline is February 13th' There is a requirement that the language be published five weeks before the election (the week that ends on Friday, February 6th). First reading will be on January 20th, and second reading will be on February 3rd. We will meet both deadlines. However, that is the last opportunity we will have. Xll. UNFINISHED BUSINESS: A. Report on Speed Humps - Larry Roberts - Public Works Director This item was addressed under Item V-City Manager's Report. OTHER: Vice Mayor Titcomb requested that we explore the issue of the City retaining or gaining capability for traffic engineering in-house. City Manager Willis advised that she is adding an element in the reorganization plan. That plan will be presented at the January 20th City Commission meeting. XlV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:30 p.m. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 6, 1998 ATTEST: CityC'Clerk [D~puty City Clerk 'hCF'ive Tapes) j:~sh rdata\cc\wp~ninutes\comm\0106.doc 1/12/98 8:25 AM CITY OF BOYNTON BEACH ayor C-ommis~ener/ / Commissioner _.~ 2? PROJECT NAME: DEVELOPMENT ORDER ~/~]/~m CITY OF BOYNTON BEACH, FLORIDA Boynton Beach Mausoleum, Inc. APPLICANT: Boynton Beach Mausoleum APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 N.E. 16th Street, Delray Beach, Florida 33444 DATE OF HEARING BEFORE CITY COMMISSION: January 6, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (side setback requirements) LOCATION OF PROPERTY: 1611 S. Seacrest Boulevard DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 "B" 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 DATED: ~~ ~/~ ~~~' ~ City Clerk J:~SHRDATA~Planning~SHARED~PROJECTS~Bomton Beach Mausoleum~DEVELOPMENm ORDER. doc EXHIBIT "B" Conditions of Approval Project name: Boynton Beach Mausoleum File number: ZNCV 97-012, Case No. 246 (setback requirements) Reference: Application with a October 30, 1997 date. File # ZNCV 97-012, Case No. 246. 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 BUILD1NG DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. It is recommended that the applicant complete and record a unity of title X document to combine all parcels within the cemetery complex. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. DENIED VARIANCE. X ADDITIONAL CITY COMMISSION CONDITIONS /bme J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS~BOYNTON BCH MAUSOLEUM\COND. OF APPROVALDOCs:\projects~cond of appr\ PAI~M BEACI! COMMUNITY ASSOCIATI()N, IN(?. 1007 OCEAN DRIVE I BOYNTON BEACH, FLOFIIDA 33426 PHONE (407) 732-7474 December 8, 1997 Jerry Taylor Mayor City of Boynton Iteach 100 E Boynton Beach Blvd. Boynton Beach, FI 33425-0310 l)ear Mayor, I recently met with Ms. lillen Smith of Unruh, Smith and Associates, Inc. and the presenl Pastor of tile First Ilaptist Church of Boynton Beach. I feel that the proposal to change tile zoning at SW 8"' Ave., in order to allow a health care campus would be benelicial to this community. This subject was discussed wi-th the members of the Board oF Directors and the response was also lhvorablc. Thank you .... C/l?de llelsinger, Presidk4{t I~oard of Directors City of Boynton Beach Comprehensive Plan Future Land Use and Traffic Circulation Elements Excerpts Goal 1: Provide a range of land uses which accommodate a full range of services, activities and housing types while minimizing land use conflicts, ensuring adequate facilities, maintaining the character of the community, & minimizing adverse impacts on the natural environment. Objective 1.1-1.12 Require coordination of development orders with the provision of public services (paraphrased) Objective 1.3 Land development shall be coordinated with the provision of road rights-of-way and road improvements so as to maintain the level- of-service established in the Traffic Circulation Element ..... Traffic Circulation Element Policy Objective 2.1 requires...Level of Service "C" or better under daily and peak hour conditions on all unspecified City and Collector Highways Obiective 1.13 Discourage urban sprawl by creating a compact urban area within the City and the City's utility service areas. Objective 1.15 Encourage planned development projects which are sensitive to the characteristics of the site and surrounding land uses, mixed use projects in locations which are appropriate and utilize other innovative methods of regulating land development. Objective 1.16 Requires consistency with the comprehensive plan. Objective 1.17 Minimize nuisances, hazards, and other adverse impacts to the general public, to property values and to residential environments by preventing or minimizing land use conflicts. Objective 1.17.1 Discourage commercial uses except where access is greatest and impacts on residential uses are least. Objective 1.17.8 Maintain and improve the character of existing single- family neighborhoods by preventing conversions to higher densities. ~I~RATXON OF R~$T]~XCT~V~ C,O,~NA~r~$ the p~ope~ty ("~=o~r~y") located Ln Boynton e~ach, PEo~y to ~he ~e~ ~y ~he FL~mt B~st C~u~ch O~ inscnment (~R~riction~'). In kee~lng ~i~h the ~ · ~u nd rom~ ts. C. ~a~sagm D. Adul~ book ~to~es. Taxi of~ices- G. Tobacco scores, · . Cocktail louno~s and ~ackag~ K. ~ote 1$. o. Bowling Lanes. only. R. ius ~erm/nala, S. ~ a= ina~. T. YmchteXs o~ boatels. Pool ~ucces80~ l~ Inte~e~ ~ ~aiv~ o~ can~el ~ o~ all o~ cancellations. STATS OF ~RI~ ' right having m gmdAum o~ 1540.00 ..lr~-~_ _ 's"~,~tm~ ,m _lyk,ii,,e / PROJECT NAME: DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA Foster Property APPLICANT: Roland E. and Leila M. Foster APPLICANT'S AGENT: Julian Bryan APPLICANT'S ADDRESS: 756 St. Albans Drive, Boca Raton, Florida 33486 DATE OF HEARING BEFORE CITY COMMISSION: January 20, 1998 TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning LOCATION OF PROPERTY: North of Miner Road between Lawrence Road and Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 reliefisought 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 "B" 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 ~ ~ ~' ' d/ City Clerk -- J:\sHRD^T^\Planning\$HARED\WP~rojects\Foster Property\LUAR\DEVELOPMENT ORDER.doe I EXHIBIT "B" Conditions of Approval Project name: Foster Property File number: LUAR 97-003 Reference: The plans consist of 5 sheets identified as 2nd Review, Land Use Amendment/Rezoning. File # LUAR 97-003 with a November 25, 1997 Planning and Zoning Department date stamp marking DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES COmments: None X COmments: None X POLICE Comments: 1. Indicate space for turn around at entry gate (for vehicles that are denied X entrance or turned into the area by mistake). This area needs to be prior to the entry gate. 2. The landscape plans show landscaping in the cul-de-sacs. The master X plan does not show anything in the cul-de-sacs. The police department , recommends there be no landscaping in the cul-de-sacs to allow for fire/emergency vehicles to make adequate turning and also prevent any visual hindrance of vehicles backing from driveways. ENGINEERING DIVISION Comments: 3. Show a roadway section consistent with LDR, Chapter 6, Article IV, X i Section 10.B.&T. 4. The cul-de-sac diameter shall be a minimum of 90 feet to the edge of the X ii pavement or curb line. [LDR Chapter 6, Article IV, Section 10.D.] 5. Provide a recent (6 months) fair market appraisal of the subject parcel to X determine the required fee in lieu of land dedication for parks or ii recreational facilities. [LDR Chapter 1, Article V, Section 3.A.2.e.(4)] : The appraisal shall be submitted as part of your final plat submission. i [LDR Chapter 5, Article V, Section 1.] 6. Required improvements (paving, drainage, water, sewer, etc.) to be X : reviewed at time of submittal for plat. [LDR Chapter 5, Article V, ~ Section 2.A. 1.] BU~LD1NG DIVISION COmments: Page 2 Foster Property File No.: MPMD 97-003 DEPARTMENTS INCLUDE REJECT 7. Either remove the word "Gazebo" from general note number 6 found on X the master plan or provide a perimeter setback for the passive park, water management tracts and buffers. It is recommended that the perimeter , setback for the areas where a gazebo would be constructed be established at 10 feet. Reference same within note number 6. 8. Considering that the general notes identify, and the landscape plan shows X other structures (such as site walls and trellises to be located within the i common area), remove the words, "trellis, playground equipment and : irrigation pump houses" from general note number 6 and add a new note , stating, "other structures shall comply with the regulations specified in I Chapter 2, Zoning, Section 4.J of the city's Land Development ! Regulations". 9. ! Add a general note to the master plan indicating that there shall be no X I building or any kind of conStruction placed within an easement without , prior and proper written consent of all easement beneficiaries including all applicable city approvals as required for such encroachment. 10. To clarify the minimum lot frontage dimension, reword the minimum lot X I size data as follows: "5000 square feet (50' X 100', typical). Fifty foot minimum lot frontage measured at the 20 foot building setback line". 11. To ensure compliance with the maximum floor area ratio for the X I proposed 4.0 Land Use Intensity (L.U.I.), add a category to the site area ~ breakdown data that indicates the maximum floor area shall not exceed i 2,081 square feet. If the Commission rejects this comment, the applicant i shall provide with each building permit application, a floor area i breakdown that provides computations indicating maximum floor area I allowed, maximum floor area existing prior to the subject permit request, i maximum floor area proposed with the subject permit including '~ identifying permit number and maximum floor area remaining following ' permit approval. This alternative method is very cumbersome and I ~ becomes extremely hard to monitor when additions are added after the houses are built. It is strongly recommended that the master plan specify i the maximum floor area allowed to ensure land use intensity is ~ maintained. Note the maximum building envelope shown and identified I, on the plans exceeds this maximum floor area ratio for the proposed 4.0 ~ land use intensity. 12. i To clarify the building setbacks add the words, "all types of hard roof X structures" after the word "setbacks" found in the fn'st setback data chart on the master plan. Also, add a note following the side interior setback specification indicting that a rated wall complying with Table 600 of the Standard Building Code is required where there is a hard roof adjacent to ~l a property line. Page 3 Foster Property File No.: MPMD 97-003 DEPARTMENTS INCLUDE REJECT 13. To clarify the setbacks for auxiliary structures, add the word, "roof" X between the words, "screened enclosure" in all instances where the words "screen enclosure" is identified in the site area breakdown section of the master plan. 14. To maintain a 10 foot separation between auxiliary structures and the X exterior walls of a home, it is recommended that the rear setback for auxiliary structures for lots 91 and 92 be increased to 10 feet rather than the proposed 5 feet for pool/spa and 8 feet for screened roof enclosures. 15. To clarify the side interior setback for auxiliary structures, re-word the X side interior setback data as follows: "Zero lot line side - 3 foot (pool/spa with privacy wall), 5 foot (pool/spa - no privacy wall), 0 foot i (screened roof enclosures). Side opposite zero lot line - 10 feet ii (pool/spa and screened roof enclosures). 16. Note the proposed 8 foot screened roof enclosure setback would prohibit X a pool, that was installed at the allowed 5 foot setback, to be enclosed with a screen roofed structure. PARKS AND RECREATION comments: None X FORESTER/ENVIRONMENTALIST COmments: None X PLANNING AND ZONING COmments: 17. On the master plan, provide information regarding location, size, and the X availability of utilities for the proposed project (LDR, Chapter 3, Art. iV. Sec. 3.P). 18. Provide a proposed name for the subdivision (LDR, Chapter 3, Art. iV. X Sec. 3.A). 19. Increase the width of the proposed street rights-of-way to the minimum X of 50 feet as required by LDR. Lack of compliance requires processing ~ of a concurrent variance/appeal to the required improvements section of the LDRs. No variance/appeal can be granted if the street design does not accomplish the intent (sidewalks, travel lanes and drainage) of the ii standard 50 foot wide design. il 20. i Submit for review a copy of HOA documents. X Page 4 Foster Property File No.: MPMD 97-003 DEPARTMENTS INCLUDE REJECT 21. Provide a unified control document. X 22. Provide sidewalks on both sides of the proposed streets. X 23. On the sample lots, delineate and dimension parking spaces in X accordance with the dimensional standards of the LDR. 24. With the second submittal, provide dimensions between the proposed X access driveway and the closest access driveways of the adjacent properties to the north and to the south. 25. Future platting is necessary. A future (can be concurrent) site plan X submittal is necessary for any project signage, common area landscaping ~ and screening/buffering details 26. ~ Relocate the emergency easement to the northeast corner of the site to X align with the unidentified, paved side street extending westward from Meadows Boulevard, to this comer of the subject property. 27. Provide pedestrian access in conjunction with the relocated emergency X access easement to minimize walking distance to nearby public recreation facilities. : 28. Provide a written determination of compliance with the Palm Beach X County Traffic Performance Standards ordinance. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 29. i Disallow cypress mulch to be used. X ADDITIONAL CITY COMMISSION CONDITIONS 30. T_,z~b~e dete_rmined._ ~'~e~r' --~-~--~- ~,~,~.~r2-~ ~ s:\projects\cond of appr', Friends, neighbors, and other interested parties, though I cannot be here in person, I can in 'spirit, word, and deed. The spirit of our neighborhood is at stake. Our neighborhood is on the verge of becoming a narrow gateway community between ever growing commer~~es. We are being pinched. Further development leads to higher traffic, and higher traffic leads to road widening. Creating four lanes on SW 8th would put the easternmost lane close enough to grab a for sale sign next to the mahogany trees just in front of my house. Eventually, we will be squeezed out. When there is no more undeveloped land left for commercial investments and the neighborhood has been squeezed, many, uncomfortable now with these recent developments, will sell their homes. The homes will not sell for what they would've ten years ago. As the commercial centers progress, the neighborhood regresses; the old spirit dies as long-time residents flee in search of more residential areas. However, tonight, the spirit of our neighborhood is alive. Word is that a Baptist Church owns land north of the Cracker Barrel. Word is that the Church wants to sell this land. Word is that the Church wants to sell the land to a commerical enterprise. If this is allowed to happen, the traffic count will go up on SW 8th, and the squeezing will begin. A church would not create significant traffic increase, but word is the Church wants to sell the property for use as a medical campus, which would create significant traffic increase. The Planning and Zoning staff does not support this change. Nobody. in our neighborhood supports this change. What must be done in order to save this neighborhood is to allow the Church to sell, but to a residential developer. Look at the growth of the Vinings and Crystal Key. Just don't allow the land north of Cracker Barrel to become commerical. The City Planning Department can confirm that traffic counts would not be significantly affected to the point of necessitating road widening if, say, 100 units were constructed on this land. To those with the power to stop the pithing and squeezing of our neighborhood, I implore you to do the right thing. Thank you for allowing m~"words to be heard at the meeting. I can only hope that my feelimg~s were felt as well. iRespect fully, Je owner at 745 SW 1st Ct. 3. i /6 DEVELOPMENT ORDER CITf OF BOYNTON BEACH, FLORIDA PROJECT NAME: Roof Signs - Chapter 21 APPLICANT: Boynton Beach Development Association, Inc. APPLICANT'S AGENT: Joe Lelonek APPLICANT'S ADDRESS: 1280 N. Congress Avenue, Suite 215, West Palm Beach, Florida 33409 DATE OF HEARING BEFORE CITY COMMISSION: January 6, 1998 TYPE OF RELIEF SOUGHT: Code Review (roof sign) LOCATION OF PROPERTY: Southwest corner Congress Avenue and Old Boynton Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. 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 "B" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. .. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other /;" ~' ' c, City Clerk -- J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Boynton Beach Dev\DEVELOPMENT ORDER. doc o ,.:? '~lllilllttt~ EXHIBIT "B" Conditions of Approval Project name: Roof Signs - Chapter 21 File number: CDRV 97-002 Reference: Letter of request dated October 20, 1997. File # CDRV 97-002. DEPARTMENTS J 1NCLUDE ] 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. None. X ADDITIONAL CITY COMMISSION CONDITIONS Pome s:\projects\cond of appr~ PROJECT NAME: DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA Merrill Lynch APPLICANT: Canterbury Realty APPLICANT'S AGENT: Electromedia, Inc. APPLICANT'S ADDRESS: 2920 N.W. 2nd Avenue #1, Boca Raton, Florida 33431 DATE OF HEARING BEFORE CITY COMMISSION: January 6, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (sign size) LOCATION OF PROPERTY: 1301 N. Congress Avenue DRAWING(S): SEE EXHIBIT "A" ATFACHED HERETO. 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 "B" 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 City Clerk J:\SHRDATA\Planning\SHARED\VVP\PROJECTS~Merrill Lynch~ZNCV~DEVELOPMENT ORDER.doc EXHIBIT "B" Conditions of Approval Project name: Merrill Lynch File nUmber: ZNCV 97-011, Case No. 245 (sign size) Reference: Application with a October 30, 1997 date. File # ZNCV 97-011, Case No. 245. DEPARTMENTS I INCLtn E 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. Denied request. X ADDITIONAL CITY COMMISSION CONDITIONS 2. To-J~/~-~ai~ed. ,4~/~' J:\SI-1RDATA'xPLANNINGX, SHAILED\WP",PROIECTS~VlERR1LL LYNCI3ZNCV~COND. OF APPROVAL.DOC PAI~M I~F,'ACll COMMUNITY A$SOCIATI()N, INC. 1007 OCEAN DRIVE ! BOYNTON BEACH. FLORIDA 33426 PHONE (407) 732-7474 December 8, 1997 Jerry Taylor Mayor City of Boynton Beach 100 E Boynton Beach Blvd. Boynton Beach, Fl 33,125-03 I0 Dear Mayor, I recently met with Ms l:.llcn ,qmith of Unruh, Smith and Associate!;, Inc. and thc prcscnl I'aslor of tile First l/aptist Church of Boynlon l./each. I Feel that the proposal to change tile zoning at SW 8'u Ave., itl order to allow a health care campus would be benelicial to this community. This subject was discussed wi'th thc members of tile Board of Directors and tile response was also lhvorable. Tha, n.k yo~. _.. . C,,l,5/de llelsinger, Presidkq4t lYoard of Direct ors City of Boynton Beach Comprehensive Plan Future Land Use and Traffic Circulation Elements Excerpts Goal 1: Provide a range of land uses which accommodate a full range of services, activities and housing types while minimizing land use conflicts, ensuring adequate facilities, maintaining the character of the community, & minimizing adverse impacts on the natural environment. Objective 1.1-1.12 Require coordination of development orders with the provision of public services (paraphrased) Objective 1.:3 Land development shall be coordinated with the provision of road rights-of-way and road improvements so as to maintain the level- of-service established in the Traffic Circulation Element ..... Traffic Circulation Element Policy Objective 2.1 requires...Level of Service "C" or better under daily and peak hour conditions on all unspecified City and Collector Highways Objective 1.1 3 Discourage urban sprawl by creating a compact urban area within the City and the City's utility service areas. Objective 1.1 5 Encourage planned development projects which are sensitive to the characteristics of the site and surrounding land uses, mixed use projects in locations which are appropriate and utilize other innovative methods of regulating land development. Objective 1.1 6 Requires consistency with the comprehensive plan. Objective 1.1 7 Minimize nuisances, hazards, and other adverse impacts to the general public, to property values and to residential environments by preventing or minimizing land use conflicts. Objective 1.17.1 Discourage commercial uses except where access is greatest and impacts on residential uses are least. Objective 1.17.8 Maintain and improve the character of existing single- family neighborhoods by preventing conversions to higher densities.