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Minutes 11-18-97 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 18, 1997, 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 Sue Kruse, City Clerk I. OPENINGS A. Call to Order B. Invocation C. Pledge of Allegiance to the Flag Mayor Taylor called the meeting to order at 6:35 p.m. The invocation was offered by Rev Bob Hahn of First Union Methodist Church, followed by the Pledge of Allegiance to the Flag, led by Commissioner Jaskiewicz. D. Agenda Approval 1. Additions, Deletions, Corrections Vice Mayor Titcomb added Item X.B (Set Date for Strategic Planning and Priorities Workshop). Commissioner Jaskiewicz added Item ×.C (Billboards on Federal Highway). Mayor Taylor added Item ×.D (Sign Ordinance Workshop). He noted that Item IV.D.4 is a duplication of Item IV.D.2. City Manager Willis corrected Item IV.C.4. Bulent Kastadak will be appointed to the Technical Advisory Committee, not Mr. Roberts. After speaking with City Attorney Cherof, she recommended tabling Item ×1.C.1 until December 2nd in order to work out'some final details on some issues in the contract. Commissioner Tillman requested that Item XII.B be heard immediately after the Consent Agenda. 2. Ado ption Vice Mayor Titcomb moved to adopt the agenda as amended. Commissioner Jaskiewicz seconded the motion, which carried 5-0. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER '!8, 1997 I1. ADMINISTRATIVE Commissioner Jaskiewicz requested that. Oris Walker's resignation from the Board of Adjustment and Appeals be added to the agenda so that she may appoint him to a different board. Accept resignation from Mary Jo McVey, Regular Member, Community Relations Board Accept resignation from Aubrey Ewing, Alternate Member, Code Enforcement Board Accept resignation from Ods Walker, Regular Member, Building Board of Adjustment and Appeals. Motion Vice Mayor Titcomb moved to accept the above resignations. Commissioner Bradley seconded the motion, which carried 5-0. C. Appointments to be Made Appointment Length of Term To Be Made Board Expiration Date III Jaskiewicz Cemetery Board Reg 3 yr term to 4/00 III Jaskiewicz Code Enforcement Board Alt 1 yr term to 4/98 IV Tillman Code Enforcement Board Alt I yr term to 9/98 II Bradley Community Relations BOard Alt 1 yr term to 4/98 IV Tillman Community Relations Board Alt 1 yr term to 4/98 III Jaskiewicz Community Relations Board Reg 3 yr term to 4/00 Mayor Taylor Community Relations Board Reg 3 yr term to 4/00 Mayor Taylor Library Board Alt 1 yr term to 4/98 IV Tillman Library Board Alt 1 yr term to 4/98 II Tillman S.H.I.P. Affordable Housing Alt 1 yr term to 6/98 III Jaskiewicz S.H.I.P. Affordable Housing Reg 1 yr term to 6/98 -1 -1 -1 -1 -1 -1 -1 -1 TABLED-2 -1 TABLED-2 Motion Vice Mayor Titcomb moved to remove Commissioner Jaskiewicz' appointment to the S.H.I.P. Affordable Housing Board from the table. Commissioner Tillman seconded the motion, which carried 5-0. Commissioner Jaskiewicz appointed Oris Walker as a regular member to the Cemetery Board, and Maynie Boles as a regular member to the Community Relations Board. Both appointments were made without objection. She also moved up Sarah Williams from an alternate member to a regular member of the S.H.I.P. Affordable Housing Board, without objection. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 Motion Vice Mayor Titcomb moved to approve the appointments as stated. Commissioner Bradley seconded the motion, which carried 5-0. III. ANNOUNCEMENTS & PRESENTATIONS A. Announcements City Hall will be closed Thursday, November 27t' and Friday, November 28th in observance of Thanksgiving Mayor Taylor made this announcement. "Santa's Tropical Holiday" - City of Boynton Beach 27th Annual Holiday Parade - December 7, 1997 @ 3:00 p.m. Mayor Taylor made this announcement and, in light of the construction on Federal Highway, asked if the route is going to be the same as last year. City Manager Willis advised that we are meeting with DOT tomorrow to confirm that we will be able to leave the route the same. B. Presentations 1. Proclamations a. "Thanksgiving" - November 27, 1997 Mayor Taylor read a proclamation recognizing November 27, 1997 as our national and citywide day of Thanksgiving. b. "Bible Week" - November 23 - November 30, 1997 Mayor Taylor read a proclamation proclaiming November 23 to 30, 1997 as Bible Week in Boynton Beach. Presentation of Certificates to Groups that participated in "Border to Border" Project America - Hank Ackermann Mayor Taylor and Mr. Ackermann presented the following groups with certificates: Brownie Troop 582 Cub Scout Pack 343 - Poinciana Elementary School Boy Scout Troop 362 Delta Sigma Beta Sorority Delteens The Bulldogs The Florida Native Plant Society St. Joseph's Episcopal School Friends of the Library MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER '18, '1997 Bethesda Memorial Hospital Employees The Four H Seahorses First United Methodist Church Youth Fellowship The Boynton Beach Fire Rescue Department The Professional Firefighters of Boynton Beach Local 1891 The Boynton Beach Fire Rescue Explorer Post 2397 - Boy Scouts of America Mr. Ackermann advised that over 350 volunteers participated in "Border to BOrder" Project America. Mayor Taylor appreciated everyone who participated in this project and gave special recognition to Mr. Ackermann for working very hard to put this project together. IV. CONSENT AGENDA Commissioner Jaskiewicz pulled Items C.2 and C.3 from the Consent Agenda for comment only. A. Minutes 1. Regular CitY Commission Meeting Minutes of November 4, 1997 Motion Vice Mayor Titcomb moved to approve the minutes of the November 4, 1997 City Commission meeting. Commissioner Henderson seconded the motion, which carried 5-0. Bids - Recommend Approval - All expenditures are approved in the 1997-98 Adopted Budget Award Annual Supplemental Laboratory Analysis For Water, Wastewater, Etc. - Bid #001-401-98/SP to Broward Testing Laboratory of Cleveland, Ohio, in the amount of $2,888.70 This item is explained in the Agenda Item Request Form. Award purchase of 372 batteries for the golf Cart fleet to Royal Battery Distributors in the amount of $13,206 This item is explained in the Agenda Item Request Form. C. Resolutions Proposed Resolution No. R97-190 Re: Authorizing the Mayor and City Manager to execute an agreement between the City of Boynton Beach and the Bureau of Justice, Local-Law Enforcement Block Grants Program to accept a grant in the amount of $165,128 (Grant No. 97LBVX3436) 4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 Proposed Resolution No. R97-191 Re: Authorizing the Mayor and City Clerk to execute a Joint Participation Agreement for Construction Alterations for East Ocean Avenue Bridge Landscape/Paverbricks Improvements with FDOT Commissioner Jaskiewicz pulled this item from the Consent Agenda for comment. 3. Proposed Resolution No. R97-192 Re: Authorizing the Mayor and City Clerk to execute a Joint Project Lighting Agreement for East Ocean Avenue Decorative Streetlight Improvements with FDOT Commissioner Jaskiewicz pulled this item from the Consent Agenda for comment. 4. Proposed Resolution No. R97-193 Re: Approving appointment of C. Bulent Kastariak to the Technical Advisory Committee to the MPO (Metropolitan Planning Organization) of Palm Beach County 5. Proposed Resolution No. R97-194: Award Gateway Boulevard Design Project to Post, Buckley, Schuh & Jernigan, Inc., design consultants, in the amount of $146,352 for design plans and engineering services D. Ratification of Planning & Development Board Action 1. New Site Plan for Alhambra North (Application Denied by Planning & Development Board on August 26, 1997) ...................POSTPONED TO 12/2 CITY COMMISSION MEETING 2. Use Approval for Harrison Import and Export This item is explained in the Agenda Item Request Form. 3. Site Plan Approval for Harrison Import and Export This item is explained in the Agenda Item Request Form. 4. High Ridge Commerce Park PID Use Approval This item is explained in the Agenda Item Request Form. E. Approve purchase of desktop and laptop computers for various departments by piggybacking a contract from the Pinellas County School Board in the amount of $70,851.20, and purchase computer printers for various departments by piggybacking contract with the Polk County School Board in the amount of $13,510.84 This item is explained in the Agenda Item Request Form. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 Approve purchase off GSA# GS-30F-1015D of Bobcat Loader/Model 773 with options and training in the amount of $20,295 from Melroe Co., of Fargo, North Dakota This item is explained in the Agenda Item Request Form. Approve refund on Cemetery Lot 412-B, Block S of the Boynton Beach Memorial Park purchased by Richard Gary Haylock (Refund Amount = $180) This item is explained in the Agenda Item Request Form. Approve refund on Crypt A-5, Sunset Building, Section A of the Boynton Beach Mausoleum, purchased by Mary W. Kapp (Refund Amount = $2,920) This item is explained in the Agenda Item Request Form. Approve purchase of three (3) Life Pak Cardiac Monitor/Defibrillators and associated adjunct equipment to be assigned to three primary ALS units from Physio-Control Corporation, sole source supplier, in the amount of $47,993.56 This item is explained in the Agenda Item Request Form. Rejection of all bids received on March 25, 1997 for the privatization of Utility Billing and authorization the City staff to develop a new RFP to contract for certain utility department functions, including utility billing, customer service and meter reading This item is explained in the Agenda Item Request Form. Motion Commissioner Tillman moved to approve the Consent Agenda, with the exception of Items C.2 and C.3. Vice Mayor Titcomb seconded the motion, which carried 5-0. Items C.2 and C.3 Commissioner Jaskiewicz was pleased to see that the paverbrick and landscape improvements were being added in the vicinity of the bridge and the downtown. Sh'e was also pleased that the decorative street lights were being continued. She felt it would greatly add to the aesthetics and continuity of the area. She thanked City Manager Willis for thinking of this and the underground wiring now rather than having to tear it up in the future. Motion Vice Mayor Titcomb moved to approve Items IV.C.2 and IV.C.3. Commissioner Jaskiewicz seconded the motion, which carried 5-0. 6 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 Xll. UNFINISHED BUSINESS Reconsideration of vote approving Resolution No. R97-181 Re: Authorizing work authorization No. 4 with Camp Dresser & McKee, Inc. for design, permitting, bidding services and survey of downtown stormwater project, Phase I including discharge well, in the amount of $460,751 Motion Commissioner Bradley moved to reconsider this item. Vice Mayor Titcomb seconded the motion for discussion purposes. The motion carried 5-0. Commissioner Bradley did not have any concerns about the need for this utility; however, he had some concerns about the way that this project has moved forward. He was concerned that a study had not been done to make sure the best use for this property would be to put it under water. He knows that retention ponds are needed east and west of Federal Highway. However, he was hoping for a study that would indicate the value of this property and surrounding properties so that we would know that we are choosing the best use for.this land. He was also concerned that there was not better coordination between Camp Dresser & McKee and the planners. He hoped that there is now constructive dialogue between these groups to ensure that if this facility goes in place where planned, that not only will we be designing it to make sure that we can apply mixed use development around it, but also'that some of the water makes it way to Federal Highway. He stated that if there are five acres of water sitting behind Boynton Plaza and no one sees it frOm Federal Highway, we have missed the boat entirely. He stressed the importance of coordination and communication. Vice Mayor Titcomb would like staff and the planners to look at the Boynton Plaza site and try to tie this project together. However, he felt it was crucial and essential that we move forward so that we meet the timetable of the whole DOT project and enable the development of downtown to take place. Commissioner Tillman felt that we should take into consideration the long-term value of what we best see fit to get out of the downtown area. He hoped the planners and Camp Dresser & McKee will meet and hopefully something fruitful will develop from those discussions. Commissioner Bradley stated that if there is no direction from the Commission tonight with regard to the Boynton Plaza property, when the site plan comes in, there will be no recourse. Mayor Taylor felt this was a separate issue. Commissioner Bradley pointed out that it is in the design phase right now. He understands that 60 percent of the design is going to be completed when it comes back and at that time, some people may think it is too late to do it differently. The motion failed 4-1. Commissioner Bradley was the only one to vote aye. City Manager Willis advised that she spoke to John Guidry, Utilities Director, and an appraisel has been ordered for this property. She requested clarification regarding how much of the property we are looking at in terms of an appraisal. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 Mr. Guidry advised that we are in the phase of doing appraisals on that property. That is the basis for any economic analysis. He was hopeful that within a period of at least 60 days, depending on the appraisers, we should be able to have at least a document that would be coordinated with the planners as well as the engineers so we will know what we can and cannot do with this property based upon economics. City Manager Willis said she heard preliminary comments that we might be able to look, in terms of elevation, at a portion of the site, but it would not encompass the entire site. Mr. Guidry stated that there are many variables relative to that site because it is a long, narrow site. Until we get the dollar values on that property authenticated by two certified appraisers, he was reluctant to say whether we want to look at one-third, half, or the whole packet. Vice Mayor Titcomb asked if the owner of the shopping center will be approached after the appraisal is done, to discuss how they might tie into the drainage lake project. Mr. Guidry said it may be premature to talk to them. He did not want to give the City's position away prior to knowing where we want to go with that site. Vice Mayor Titcomb asked if the planning firm and Camp Dresser & McKee are now communicating regularly about this project. Henry Iler of James Duncan & Associates stated that a sketch has been put together of a possible alternative that would bring the water out to U.S. 1. It is being refined and will be sent to Camp Dresser & McKee shortly. There will be some alternatives regarding whether to purchase all the sites or a portion of them. He said the idea was to try to create as much value as possible next to the lake because that water is worth money, not only to the City and private projects that want to use it for drainage, but to the people who want to work and live on it as well. He was trying to look at the parcels from the standpoint of creating the most value as cost efficiently as possible. Commissioner Bradley asked if there is any possibility that this project could get through the design phase and approach the' construction phase then run into permitting problems with South Florida Water Management District. He also inquired about conceptual permitting. Mr. Guidry stated that the project manager is working very closely with the South Florida Water Management District, and we are getting nothing but good vibrations from the permitting staff relative to the project. He will know more when he has the permit in hand, which would be in March or April 1998. V. CITY MANAGER'S REPORT A. Labor Management Committee City Manager Willis reported that the Labor Management Team has completed their work on the new policy manual. This item will be brought back to the Commission on December 12th for policy direction on five main points. VI. PUBLIC AUDIENCE Enrico Rossi, 625 Whispering Pines Road is a Civil Engineer, and stated that he came before the Commission three or four months ago when they were considering the conceptual plan of MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 the Garcia Marina. At that time, he advised the Commission that the plan will not work because there is no provision for drainage. However, the applicant's engineer said that can be taken care of later. Mr. Rossi understands that some preliminary engineering was done, which required the whole elevation of the site to be raised by three or four feet. He said this is not plausible. He stated that one of the staff comments was that the applicant shall retain all storm water on site. He said there is no place for retention of any kind on the site and asked if Mr. Garcia is going to tie into the system and, if so, what it would cost him to do so. He also asked if Mr. Garcia is going to be required to pay the required impacts and what the impact costs are going to be for each person who is going to develop an acre of land within the drainage basin. He also asked why the City is not requesting these figures before proceeding with complete engineering drawings, without permitting, etc. He felt the City should be able to get a conceptual review by the District for a conceptual permit before engineering drawings and finding out that you cannot do what you are planning to do. Mayor Taylor stated that Mr. Garcia fully intended to develop the project without the City doing a reservoir. He intended to raise his land, demuck it, and do infill and drainage pipes. Subsequently, the City came up with a storm water plan. If we complete that in time, Mr. Garcia and everybody else down there could tie into that. We would require a fee for tying it; however, he did not know what that fee would be because the cost of the entire project is still unknown. He advised that the City is working on this and everything that Mr. Rossi mentioned. He appreciated Mr. Rossi's expertise and assured him that the City also has some experts doing this work. Mr. Rossi asked why the City cannot do the downtown drainage in two phases, the first of which would be conceptual and the second of which would be full-fledged plans and construction drawings. Mayor Taylor advised that Camp Dresser & McKee have submitted.conceptual plans and the City is working towards that to see if that is going to be feasible. Mr. Rossi pointed out that there are no conceptual permits from the South Florida Water Management District. Mayor Taylor believes City staff is very professional and are going through the appropriate steps. David Katz, 742 N.W. 11th Street, circulated some material regarding rack blight. Mayor Taylor advised him that the Commission had that information and has already scheduled a workshop regarding this matter. Mr. Katz commended Mayor Taylor, Commissioner Bradley, and Vice Mayor Titcomb on the reversal concerning the Civil Service referendum and grandfathering the employees who are currently covered under Civil Service. He also commended Sue Berman and Bob Gibson for being very responsive when he called them with some minor things that needed to be taken care of at SkyLake. James Gostel, 2240 N. Seacrest Blvd., stated that the City has no heart or conscious. He has tried to comply with all the City has asked him to do and all that has happened is that he has been persecuted, harassed, threatened, and lied to. He asked the Commission to intercede in this affair to amicably work out his problems before he starts any litigation against the same. He said his house has been destroyed and all his belongings destroyed or stolen. He said he is homeless and mentally distraught over this whole thing. He wanted to know why the City is MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 reneging after promising to help fix his home or build him a new one. He said the City rushed in to destroy his property. He asked the Commission to explain how other people are still receiving assistance while he is being totally ignored. City Manager Willis stated that staff and the Commission spent a great deal of time wrestling with this initially and finally Mr. Gostel's house was condemned as being unsuitable and uninhabitable. In addition, there is a legal issue regarding a cloud on the title to this property which we have attempted to work out with Mr. Gostel's attorney to resolve. We continue to attempt to resolve this situation. Scott Blasie, Code Compliance Administrator, stated that staff worked very hard with Mr. Gostel prior to the house being demolished. However, the attorney that Mr. Gostel sought assistance from moved rather slowly on getting rid of the cloud on the title. Mr. Blasie said he tried to prod Mr. Gostel's attorney to move quicker. Unfortunately, by the time the cloud was removed from the title, Mr. Gostel was no longer eligible for the County Housing Community Development Program. Mayor Taylor asked about the timeframe between Mr. Gostel's property being cited and the demolition of the house. Mr. Blasie advised that there was a Code Enforcement Lien dating back to roughly 10 years ago. This has been an ongoing problem for years. Robert Renault, 1016 N.W. 8th Street, thanked the Commission for working on the sign ordinances and volunteered to participate in the sign ordinance workshop. No one else wishing to speak, Mayor Taylor declared the Public Audience closed. VII. PUBLIC HEARING A. Project: Agent: Owner: Location: Description: Cedar Ridge Estates PUD Joe Basile Cedar Ridge Development, Inc. Condor Investments of Palm Beach County' 6.376 acres of property east of High Ridge Road, west of Interstate 95, approximately one-half mile south of Hypoluxo Road Request to amend the future land use map of the Comprehensive Plan from Low Density Residential to Public and Private Governmental/Institutional and rezone from Planned Unit Development to R-l-AA, Single-family Residential the northeast portion of the Cedar Ridge PUD which was formerly approved for 11 single-family lots POSTPONED FROM '1'1/4/97 CITY COMMISSION MEETING City Attorney Cherof explained the quasi-judicial process and all witnesses were sworn in by him. Dennis Koehler, Attorney, introduced Joe Basile and Rick Harris, Attorney, board member, and volunteer for the Lake Worth Christian School. Mr. Harris also has an attorney/client 10 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997- relationship with the underlying owner of the property in question, Condor Investments of the Palm Beaches. Mr. Koehler stated that this is not the first time the Commission has seen these requeSts for the subject properties. Mr. Harris made application a couple of years ago, but was unable to complete that effort. As a result, the petitions were withdrawn. Mr. Koehler claimed that the Planning and Zoning staff's recommended condition of approval is unconstitutional, wrong, should not be imposed, and has nothing to do with the Lake Worth Christian School properties. It pertains to the Cedar Ridge PUD from which these properties were removed by the Commission's action on May 20, 1997. He referred to his memorandum, dated November 18, 1997, which he faxed to the Commission today, and stated that the condition that is unconstitutional is that the applicant must file and receive approval of an abandonment application or alternative resolution of the road ownership dispute prior to adoption of rezoning and land use amendment ordinances. He questioned what road ownership dispute staff is referring to. He stated that the roadway shown in the shaded area on the map displayed at this meeting was already abandoned at least two years ago. He said this condition really speaks to a road ownership dispute involving the platted roadways in the rest of the project. He stated that this is not the Cedar Ridge PUD. This is a request of Condor Investments on behalf of the Lake Worth Christian School seeking the appropriate land use and zoning designations so that those shaded areas can be developed as the Lake Worth Christian School's new outdoor recreation facilities. The condition that staff is imposing violates two United States constitutional requirements. First, there has to be an essential nexus (substantial connection) between a proposed development's impacts and conditions of development approval (Nollan v. California Coastal Commission.). Second, if there is an essential nexus, it is up to staff to demonstrate by a rough proportionality that there is a relationship in nature and extent between the impacts of the recreation parcel and the PUD (Dolan v. City of Tigard). Mr. Koehler said there is no essential nexus and the requests for these amendments and rezoning are being offered on behalf of the property owner, Condor Investments, for the Lake Worth Christian School on properties that are excluded from the PUD. There is no relationship. Ultimately, the property is going to be developed for an outdoor ball field and other related facilities by the school. There will be no public access to this recreation tract through the Cedar Ridge PUD. There will be no use by the PUD residents of this recreation tract. They are two separate developments. Even if there is a relationship between these former lots of the PUD and the existing PUD, staff has not offered any evidence on the record to show what this road ownership dispute involves and how it involves these lots that are no longer part of the PUD. He asked how this dispute has anything to do with the lots that are the subject of the plan amendment and rezoning request before the Commission this evening. He advised that Tambri Heyden has stated that because Condor Investments is the underlying land owner, the City has the power to impose a condition not just on Cedar Ridge, but on the Lake Worth Christian School. This condition makes the Lake Worth Christian School and Condor Investments responsible for solving a problem that has nothing to do with their properties. This is wrong, unconstitutional, and unreasonable. This condition is unconstitutional and violates the Fifth Amendment of the U. S. Constitution. If imposed, it will further tie up the Cedar Ridge PUD and render almost impossible the final approval by this Commission of the ]! MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 requests before the Commission this evening. He asked the Commission to delete this condition of approval. Mike Rumpf, Senior Planner, stated that staff is basically acting on lessons learned in the past. If certain issues have not been resolved at a certain point in time, there may be few opportunities to take any further action or to try to accomplish certain tasks. In this case, a right- of-way and a roadway exist at this location. Mayor Taylor asked who is disputing the ownership of the road. City Attorney Cherof advised that the history of the road dispute goes back a long time. This subdivision was originally platted and the indication was that these roadWays would be dedicated to the City. -The original developer went into receivership and the RTC took the property back. The roads and some of the other infrastructure were never completed and the City never took a conveyance of those roads or the other infrastructure as would ordinarily be the natural course of a development of this nature. The property owner,, or maybe even more than one of the property owners, has marketed this property as being private roads. He did not think the City disputes that these should be private roads. He met with Mr. Koehler several weeks ago to address this specific issue and offered several alternatives to resolve the road ownership issue. One was that the City would abandon the road. If an abandonment was not the process that they wished to follow and they had some other vehicle for bringing forward a resolution of this road ~ssue, something to negate the language of the plat and deal with this uncertainty regarding completion and acceptance, the City would entertain that. He did not think the City or any member of staff has expressed any interest that these roads be treated as public roads. However, like many other projects, this kind of issue is one that many developers want to continue to put off so that it is always the next application where the issue will be resolved. He felt this falls into this category. Notwithstanding how long this issue has been pending on the Commission agenda and was continued at the request of the applicant, and notwithstanding the fact that the conditions were sent to Mr. Koehler weeks ago so that he could study it, this issue of the constitutional impairment of what the City is trying to do has only been raised this evening for the first time. Mr. Koehler's memo was sent to the City about 3:30 this afternoon. City Attorney Cherof said he was in another meeting until after 5:00 p.m. and has not had the opportunity to review it. He was aware of the cases cited and did not think they were applicable to this situation. However, he was not in a position to address that this evening and recommended tabling this matter to give him the opportunity to read Mr. 'Koehler's memorandum in full, read the cases that he cites, have a discussion with him, and address it at the next Commission meeting. Commissioner Jaskiewicz asked Mr. Koehler what his objection is to a road abandonment. Mr. Harris said there is no problem with abandonment of the roadways within the approximately 11 acre parcel. He believes those roads have been abandoned because that was a condition of the original approval that was given for the rezoning of this property so that they could become a part of the Lake Worth Christian School site. The abandonment was approved with conditions. The conditions were ultimately met, but all the conditions imposed on the original approval were apparently not met in a timely fashion. This is the reason the final resolutions were not recorded or adopted. As a condition of approval of this site, the City is requiring that the Cedar Ridge developer on the adjacent site abandon roads in the Cedar Ridge development. ]2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER '18, '1997 Mr. Harris said the property is owned by Condor Investments. The two principals of Condor Investments, Dave Rinker and Jim Vanderwood, are intimately related to Lake Worth Christian School. They made this property available to the school because of their connection to the school. At the moment, we have a long-term lease to the property that will enable us to develop it for ball fields or athletic fields, etc. This will enable us to move existing ball fields and athletic fields off the campus, which is immediately to the north, to this site. This in turn will enable us to relocate the elementary school campus, which is now in the City of Lake Worth, to this site. The lease we have with Condor is basically a vehicle for an ultimate donation of that .property to the school, tt has nothing to do with the Cedar Ridge development. We previously came to the City because we felt we would be in a position to move the ball fields and start things rolling. Unfortunately, we were not able to. We are still not able to; however, we have launched a capital fund drive to be in a position to do so within the next couple of years. Mr. Harris stated that the City used the leverage it had over Cedar Ridge to get him to come back in. He did not think this was the appropriate place to exert leverage on Cedar Ridge. He stated that when he came to the City the first time, this condition was not mposed. He felt that the Lake Worth Christian School was being put in the middle and being used as a pawn in a chess game between the City and Cedar Ridge. There is a legitimate forum to resolve the issue of who owns the roads and who is responsible for maintaining them. It should not be resolved by imposing a condition of approval on the site next door that has no real relationship to the problem or the parties involved. City Attorney Cherof stated that the concept of abandonment of the roads only derives from the property owner's assertion that the City owns the roads or that they have been dedicated by the City. The City is not asking the applicant to abandon anything. In the past, the City has offered to abandon the roads if that facilitates the private concept development for the adjacent parcel. Condor Investments is listed as the property owner on the application for relief this evening. The property owner still controls the issue with respect to the roads. The City has offered at least three alternative ways of dealing with the ownership issue. The reason the applicant has to confront the issue is because the property owner does not want to resolve the issue. If they do, he asked them to state this evening how they want to resolve it. Commissioner Jaskiewicz inquired about the timeframe for an abandonment. City Attorney Cherof explained that an application has to be filed. The effected utilities, if any, need to be contacted to make sure they have no objection. Then there has to be a Commission determination that the roadway is of no public purpose. Mr. Harris did not think that the roadway that is on this property exists. He did not know whether or not it was formally abandoned, but the process was put into place to abandon it. However, this is not what is at issue. He was willing to accomplish the abandonment of. Forest Court if that has not already been accomplished. However, the City also wants the applicant to abandon the rest of the roads in the Cedar Ridge development. Mayor Taylor asked what the applicant wants to do with the roads. Mr. Koehler stated that a common roadway was originally platted in 1983 that connects them all. The Lake Worth Christian School will be delighted to abandon the portion of Forest Court that falls within their property. Cedar Ridge wants the rest of Forest Court and the other streets to be private streets. The City approved that concept on the master and site plan. Since 1984, the City has been using the infrastructure that was developed by the previous developer to run water and sewer MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 services to the Lake Worth Christian School, using the PUD's infrastructure, and pulling up fire hydrants and putting them elsewhere in the City. Even if the City Commission never adopted a resolution accepting the platted improvements, which should have happened in 1983, the mere fact that they appropriated and used those improvements means that the City has legal responsibility to maintain and improve them. In 1983, the City staff told Mr. Harris and Condor Investments that a resolution was never adopted and that the roads were theirs to improve. That same message was conveyed to Mr. Basile and because he wanted to move forward with the project, he has invested more than a half million dollars in making improvements to what is really City-owned property, which the City steadfastly refuses to accept responsibility for. Mr. Koehler stated that all the roads are owned by the City. The developer of the Cedar Ridge PUD is making residential use of some of the streets. The Lake Worth Christian School is making no use and will never make any use of that street. The owner is the same; however, there is no essential nexus between the two developments. At the conclusion of its opinion ~n the Dolan case, the Supreme Court stated that a strong public desire to improve the public condition will not warrant achieving the desire by a shorter cut than the constitutional way of paying for the charge. City Attorney Cherof asked Mr. Koehler what his client wants to do with the roads. He-knows that they have been marketed as private roads to the people buying them. Mr. Koehler stated that his desire is to render the roads private. However, he does not feel he should have the burden of paying the costs and expense of filing a petition. Many cost factors have been tied up in this dispute that Mr. Basile has to consider before making a commitment to initiate a petition. He did not want to jeopardize any legal rights to damages that he may have. He reiterated that none of this discussion has anything to do with the Lake Worth Christian School properties, which are completely separate. Commissioner Bradley stated that they are not separate. They are owned by the same property owner. Mr. Koehler stated that ownership alone is not enough. There has to be a relationship. He agreed with Mr. Cherof's recommendation to table this item. Motion Commissioner Bradley moved to table this item until the December 2, 1997 City Commission meeting. Vice Mayor Titcomb seconded the motion, which carried 5-0. VIII. BIDS None. IX. None. DEVELOPMENT PLANS ]4 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 X. NEW BUSINESS A. Selection of model neighborhoods for Visions 20/20 documents Henry Iler explained that the Ridgewood and Mangrove Park South neighborhoods were selected to be studied for housing purposes. One of the major reasons for selecting these neighborhoods is the land use relationship between the .hospital and these neighborhoods. With the major employment center coming in, there may be opportunities to manage this area a lot better and create jobs in the future for the hospital. The Ridgewood and Gateway neighborhoods were selected to be studied for transportation purposes to make detailed traffic calming recommendations and recommendations to improve the circulation pattern in these neighborhoods. The Ridgewood neighborhood was selected because of the situation with the street pattern and the fact that the street pattern itself has fallen into disarray. People are cutting across corners and it is really not working very well right now. The Gateway neighborhood was selected because of the improvement plans and the neighborhood ~s very concerned about those plans. He also received a lot of input aboUt situations where traffic flows and streetscapes could be improved in this neighborhood. Mayor Taylor was pleased with the selections and felt they were logical. Commissioner Jaskiewicz was surprised that the Gateway neighborhood was selected because the purpose of the project currently being planned for that neighborhood is to alleviate traffic concerns and any concerns in that area with regard to pedestrian safety. Mr. Iler felt there are opportunities for possible ~mprovements to the plans. There are situations where people might be backing out into that roadway from their driveways. There might be situations where the design of the road might encourage traffic speeding and if we point that out now, that could be taken into account. Also, the neighborhood wants to know more about the improvement plans that are being done in the area. Mayor Taylor asked if the study will only include Gateway or if it will include some of the neighborhood streets. Mr. Iler advised that it will encompass some of the neighborhoods to the north and south. Vice Mayor Titcomb asked if the solutions that are found after studying these neighborhoods would be prototypes for other neighborhoods. Mr. Iler answered affirmatively, explaining that they would be used as model neighborhoods and the solutions could be used in other areas with similar problems at not so great expense. Motion Vice Mayor Titcomb moved to approve the recommendations., Commissioner Tillman seconded the motion, which carried 5-0. B. Set Date for Strategic Planning and Priorities Workshop Since staff is working on internal priorities and strategies, Vice Mayor Titcomb asked that a workshop be set up after the first of the year to explore the Commission's planning priorities, ]5 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 including the Capital Improvement Plan, the plans that will be forthcoming from Duncan & Associates, and all the other issues on the table. Staff was instructed to come back to the Commission with a couple of suggested dates. C. Billboards on Federal Highway Commissioner Jaskiewicz advised that she received several calls with regard to a billboard going up on Federal Highway in a County pocket. She was told it was removed from another city and that the owner had the right to put it elsewhere. She spoke to the County Administrator, Bob WiSeman, and he is going to send the City a copy of the ordinance and Court case involving this matter. She asked the Commission to send a letter of complaint to the County stating that we do not want that billboard because it affects our City. She believes that once you approve something on Federal Highway, it is for perpetuity. Mayor Taylor added that Mr. Wiseman has assigned his assistant, Pat Miller, to look into this matter. Under the County's new billboard ordinance, billboard owners can remove a billboard from one location and construct one in another. Mr. Miller is researching this to see if this is true. He intends to followup on this and submit the County's position to us in-writing. He supported Commissioner Jaskiewicz's suggestion about sending a letter to the County Commission. D. Sign Ordinance Workshop Mayor Taylor stated that business owners were upset because Code Compliance cited them for putting signs in the medians on Federal Highway. These business owners brought in pictures of other violations all over the City. Mayor Taylor suggested setting up a workshop to address the sign ordinance. Vice Mayor Titcomb advised that at one of their meetings, several of the members of the Planning and Development Board argued that while they oversaw most of the design and appearance issues of projects that move through the City, signs were being approved at staff level with no relationship to the overall design plan. Mayor Taylor asked staff come back with a recommendation to incorporate the sign ordinance into the Commission/Chamber/Planning and Development Board workshop or to suggest some dates for a separate workshop. Mike Rumpf asked the Commission if they would like anything specific prepared in advance. He was sure some of the sign issues will come up at the joint workshop without any preparation and that the workshop will generate conclusions and recommendations that are going to require followup. City Manager Willis mentioned that one of the neighborhood associations is looking for some regulation of parking of boats and trucks in neighborhoods. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 Commissioner Bradley suggested starting with a Community Design Plan to get.an overview of the whole picture. He would like included an update and education about signs. He also mentioned convenience store lighting levels. Jim Reed, 2458 Cranbrook Drive. advised that some slides are being prepared of the lighting situations at various locations, and the people participating in the workshop are going to visit some of these locations prior to the workshop. Xl. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No, O97-51 Re: Amending the Code of Ordinances to replace the term "Code Enforcement Board" with the term "Code Compliance Board" City Attorney Cherof read Proposed Ordinance No. O97-51 by title only. Mayor Taylor opened the Public Hearing; however, no one in the audience wished to address this item. Motion Vice Mayor Titcomb moved to approve Proposed Ordinance No. O97-51. Commissioner Jaskiewicz seconded the motion. A roll call vote was polled by the City Clerk. The motion carried 5-0. B. Ordinances - 1st Reading None. C. Resolutions Proposed Resolution No. R97-189 Re: Authorizing the Mayor and City Clerk to execute an interlocal agreement between the City of Boynton Beach, the City of Delray Beach, and the City of Boca Raton, providing for creation of the South Palm Beach County Public Safety Communications Cooperative (TABLED FROM '11/4/97 MEETING) This item was tabled. (See discussion under Agenda Approval.) ]7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 D. Other Approve settlement with plaintiff in case Stella Maurushis v. State of Florida Department of Transportation and City of Boynton Beach Motion Commissioner Bradley moved to approve this settlement. Commissioner Tillman seconded the motion, which carried 5-0. XlI. UNFINISHED BUSINESS A. Report on Relatives Working for the City - TABLED FROM '1'1/4/97 MEETING Motion Commissioner Tillman moved to remove this item from the table. Vice Mayor Titcomb seconded the motion, which carried 5-0. Dale Sugerman, Assistant City Manager, advised that the report he submitted to the City Manager is 95 percent complete. However, it is basically 100 percent complete with regard to active employees. There are a number of employees who are either out on workers' compensation, are on some sort of leave, have been sick for the last three weeks, or were part time and we will not see them again until the summer. This constitutes between 35 and 40 employees. He believes the report he submitted to the City Manager is fairly reflective of what we would find if it were 100 percent accurate. The City has approximately 850 employees. Out of the 815 disclosure forms collected, it was discovered that 170 employees are related to each other. There are three cases where there might possibly be a situation where it could be seen as a problem with nepotism. In one case, one of the employee's wife's cousins also works for the City. Also, there are two lifeguards that are father and son. Staff wants to investigate these three situations further and will take steps to ensure that these employees are not supervising each other. Mayor Taylor was not concerned about related employees working on the same team; however he was concerned with related employees evaluating each other. Mr. Sugerman added that we also have to take into consideration recommendations for promotion and ncrease n pay, and giving somebody a lighter work assignment. Mr. Sugerman advised that staff was stunned to discover that the City had so many employees related; however, they were proud that this organization supports family values and that many of the people who live in this community work for this community. Commissioner Bradley wondered at what point relatives working together becomes an institutional concern from a human relations standpoint. Mayor Taylor expressed concern that during bad times, an entire family can be cut out of a work force. ]8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 18, 1997 City Manager Willis summarized that the City is a major employer in the community and is a very significant contributor to its local economy. However, any changes which may impact an entire family's income may ignite an irrational reaction in the work force. Perhaps there-would not be the same willingness to adopt and embrace change. It might have an institutional backlash when we look to make changes in the way we Work. Reconsideration of vote approving Resolution No. R97-181 Re: 'Authorizing work authorization No. 4 with Camp Dresser & McKee, Inc. for design, permitting, bidding services and survey of downtown stormwater project, Phase I including discharge well, in the amount of $460,751 This item was dispensed with earlier in the meeting. Consider request for joint City Commission, Chamber of Commerce, and Planning & Development Board workshop meeting on December 4th to discuss community design; lighting levels and ratification of Board actions The date of this meeting was rescheduled to December 8th to accommodate some of the members of the Planning and Development Board. The meeting will start at 6:00 p.m. in Conference Room C. Xlll. OTHER None. XlV. ADJOURNMENT There being no further business to come before the City Commission, the meeting properly adjourned at 8:40 p.m. ATTEST: (Three Tapes) CITY OF BOYNTON ~~..~, ~ Vice~Maygr .,~ O~mmissioner ]9 PROJECT NAME: DEVELOPMENT ORDER ~--~-~. ~ ,"~-~~ CITY OF BOYNTON BEACH, FLORIDA Harrison Import and Export - High Ridge Commerce Park PID Y APPLICANT: CMSI Real Estate APPLICANT'S AGENT: Mark Snipes APPLICANT'S ADDRESS: 417 Goolsby Blvd., Deerfield Beach, FL 33442 DATE OF HEARING BEFORE CITY COMMISSION: November [8, 1997 TYPE OF RELIEF SOUGHT: New site plan approval LOCATION OF PROPERTY: Commerce Road (300 feet north of the intersection of Miner Road and High Ridge Road) - Lot 8, Block 2 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 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\WP\PROJECTS~arrison Import Export\NWSP\DEVELOPMENT ORDER.doc EXHIBIT "B" Conditions of Approval Project name: Harrison Import and Export High Ridge Commerce Park PID File number: NWSP 97-018 Reference: The plans consist of 8 sheets identified as 2nd Review, New Site Plan. File # NWSP 97-018 with a September 23, 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS I rNCLU E I mCT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. A capacity reservation fee of $1205.82 will be due for this project upon request for the Utilities Department signature on the Health Department application forms or within 30 days of site plan approval (Sec. 26- 34(E)). X 2. Palm Beach Health Department permits will be required for the proposed water main extensions (Sec. 26-12). X FIRE Comments: None X POLICE Comments: 3. The handicapped parking spaces shall be striped by current federal guidelines--diagonal stripes in access area (see sheet SP-1). X 4. On the landscaping plan (sheet L-I) there is a circled area, located on the southeast comer of the building. The Police Department recommends that the landscaping in this area not exceed two feet in height from the ground and the canopy of the tree not hang lower than six feet. This is to allow more visual line of sight on the curve. X ENGINEERING DIVISION Comments: 5. All plans submitted for specific permits shall meet the city's code requirements at time of application. These permits include, but are not limited to, the following: site lighting, paving, drainage, curbing, landscaping and irrigation. Permits required from other permitting agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and others, shall be included with permit requests. X Page 2 Harrison Import and Export File No. NWSP 97-018 DEPARTMENTS I tNCLUDE I p j CT 6. Provide an Engineer's certification letter stating that drainage conforms to city codes, etc. [LDR Chapter 4, Section 7.f.2.] X 7. Typical parking space and handicap space striping needs shall be in accordance with the current edition of Florida Accessibility Code for Building Construction and City Standard B-90012. X 8. Swale in right-of-way shall be installed in accordance with City Standard B-91004. Also, invert elevation of proposed drainage pipe under driveway shall meet bottom elevation of swale. X 9. Curbing shall comply with city standards [LDR Chapter 23, Article II.E.] City Standard B-90012 states that curbing shall be "Type D". X 10. On the northeast comer of the parking lot on the paving, grading and drainage plans, 18 foot and 27 foot typical dimensions are shown in a reversed order and shall be corrected to show 18 foot parking stall and 27 foot backup space. [LDR Chapter 4, Section 7.B.2.] X 11. On both sides of the driveway and at the NE end of the parking lot, add curbing along the landscaped areas and provide curb cuts for the proper drainage. [LDR Chapter 23, Article II.E.] X 12. On the "Typical Parking Striping" detail show 4 inch diagonal white stripes within the handicap access path. Add a "$250 fine" plate beneath the handicap post sign. [1996 Florida Accessibility Code] X 13. Indicate on the paving and drainage plans the drainage pipe inverts and the elevations around all detention areas. [LDR Chapter 23, Article I, Section 5.B. 15.] X 14. Extend the curbed, landscaped area at the SE comer of the building out to the end of the abutting parking stall to delineate the parking space and the travel aisle. [LDR Chapter 23, Article I, Section 5.B.5.] X BUILD1NG DIVISION Comments: 15. To ensure that the handicap accessible sidewalk that is located between the handicap parking spaces and the handicap entrance to the building is in compliance with the Florida Accessibility Code for Building Construction, add the following information to the site plan (Sheet SP-1): A. Identify the length and slope of the landings that are required at the top and bottom of both ramps shown on the site plan. Page 3 Harrison Import and Export File No. NWSP 97-018 DEPARTMENTS ] rNCLUDE I REjECT B. Dimension the length of both ramps and, where applicable, show required handrails. C. Identify the size, elevation and slope of both entrance platforms. D. Identify the elevation and slope of the accessible path that is required between the top of both landings and the entrance platforms. E. Identify the type of surface finish that is required for the accessible route. X 16. To ensure that the slope of the handicap accessible path shown on the plan across the landscape area adjacent to the street is in compliance with the Florida Accessibility Code for Building Construction specify on the paving and drainage plan (Sheet C-l) the slope or elevation of the proposed sidewalk. X 17. It is the applicant's responsibility to design and construct the project in compliance with the applicable Building, Energy and Accessibility Codes. Permits are required to make improvements at the subject site. [Chapter 20, Building, Housing and Construction Regulations] X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 18. The applicant shall perform a flora and fauna assessment of the site to assure there are no protected plants or animals. X PLANNING AND ZON1NG Comments: 19. With the second submittal, provide a clause on the survey that the property was abstracted for all easements, right-of-ways and utility lines, as required by LDR, Chapter 4, Section 7.A. X 20. Any roof top equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof and/or parapet wall level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building (LDR, Chapter 9, Section 11.E). X Page 4 Harrison Import and Export File No. NWSP 97-018 I DEPARTMENTS I INCLUDE REJECT 21. Provide information regarding proposed signage on the property in accordance with LDR, Chapter 21, Section 7 and Chapter 9, Section 10.I. This will require another formal submittal that must be presented to the Planning and Development Board and City Commission for approval (LDR, Chapter 4, Section 7.B.2). X 22. Provide information regarding vehicular traffic trip generation. At minimum, indicate an average daily trips (ADT) count and a peak hour trip generation estimate. No building permits will be issued until the provided traffic statement is evaluated by the Palm Beach County Traffic Division for conformance with Palm Beach Traffic County Performance Standards (LDR, Chapter 4, Section 8.C.8). X 23. Traffic control markings shall be shown within the vehicular use areas as required by LDR, Chapter 4, Section 7.B.2. Indicate these markings on the site plan included with the permit drawings. X 24. No building permits will be issued until the submitted use approval application is approved by the Planning and Development Board and City Commission. LDR, Chapter (LDR, Chapter 2, Section 7.E). X 25. On the landscape plan, indicate and label all existing and proposed easements and buffers to avoid potential conflicts with the utility lines and proposed structures. X 26. An environmental review permit may be required when information regarding anticipated uses in the remaining portion of the warehouse is supplied. X 27. Provide landscape accents along the northern wall of the dumpster enclosure in accordance with the code (LDR Chapter 7.5, Art. II, Section 6.J). X 28. In order to provide a 40 foot wide landscape buffer required by the master plan, eliminate a 5 foot concrete walkway north of the building. X 29. Pretreatment of storm water generated by the property must be provided on site as Veronica Lake within the PUD to the north does not qualify to satisfy this requirement. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 30. No cypress mulch shall be used (recycled cypress or other type is acceptable). X Page 5 Harrison Import and Export File No. NWSP 97-018 DEPARTMENTS I INCLUDE [ P JECT 31. Roof parapet shall be the same height all the way around the building X 32. St. Augustine/Floratam shall be used instead of Bahia grass. X 33. Revise condition number 28 to change the height of the concrete wall X from 5 feet to 6 feet.. ADDITIONAL CITY COMMISSION CONDITIONS 34~ To be determined. A~s' j /bme s:\projects\cond of appr\ DEVELOPMENT ORDER ~__~ CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: High Ridge Commerce Park PID APPLICANT: Jack Lupo Realty APPLICANT'S AGENT: Ron Kent APPLICANT'S ADDRESS: 190 W. Glades Road, Suite C, Boca Raton, FL 33432 DATE OF HEARING BEFORE CITY COMMISSION: November 18, TYPE OF RELIEF SOUGHT: Use approval (wholesale and warehousing of fabrics) LOCATION OF PROPERTY: Commerce Road (300 feet north of the intersection of Miner Road and High Ridge 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. 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". 4. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJEOTS~Harrison Import Export\NWSP\DEVELOPMENT ORDER. doc '"111i11111111111%%,~'~\'~ EXHIBIT "B" Conditions of Approval Project name: Harrison Import and Export File number: USAP 97-003 Reference: Letter of request dated July 31, 1997. DEPARTMENTS I INCLUDE I REJECT PUBLIC WORKS Comments: None X UTILITIES COmments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: X 1. This use approval is limited to warehousing and wholesale distribution of fabrics only. Another use approval will have to be processed to allow "light assembly of fabrics" as a permitted use in High Ridge Commerce Park PID. X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. None. X ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. /l~ar'~- // /bme s:\proje~ts\confl of appr\