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Minutes 07-15-97MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 15, 1997, AT 6:30 P.M. PRESENT Gerald "Jerry" Taylor, Mayor Jamie Titcomb. Vice Mayor Shirley Jaskiewicz. Commissioner Kerry Willis, City Manager James Cherof, City Attorney Sue Kruse. City Clerk I. OPENINGS A. Call to Order Mayor Taylor called the meeting to order at 6:33 p.m. B. Invocation - Bob Hahn, First Methodist Church Mr Hahn offered the invocation. C. Pledge of Allegiance to the Flag Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval 1. Additions, Deletions, Corrections City Manager Willis deleted Consent Agenda Items "J" and "K", and added "Special Event Approval for First Methodist Church" as replacement Item Mayor Taylor announced that Item B.3 under Legal, would be tabled at the applicant's request. Commissioner Jaskiew~cz removed Consent Agenda Item #9 for clarification. Vice Mayor Titcomb will remark on Consent Agenda Item Attorney Cherof advised that Legal Item B.6 is a substitution of an Ordinance and the title should read. "Elected Offices Unlimited Two-Year Terms". City Manager Willis will report on two items under "City Manager's Report". 2. Adoption Motion Vice Mayor Titcomb moved to adopt the agenda as amended. Commissioner Jaskiewicz seconded the motion, which carried unanimously. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 Mayor Taylor announced that Commissioners Bradley and Tillman would not be present for this meeting. II. ADMINISTRATIVE A. Accept resignation from Robert Goldberg, Regular Member, Library Board Commissioner Jaskiewicz moved to accept the resignation with regret. Vice Mayor Titcomb seconded the motion with regret. The motion carried unanimously. Appointment to be Made Appointments to be Made Board Length of Term Expiration Date I Titcomb Adv Brd on Children & Youth Alt I yr term to 4/98 TABLED IV Tillman Adv Brd on Children & Youth Stu/Reg 1 yr term to 4/98 TABLED Titcomb Civil Service Board Alt 2 yr term to 4/99 TABLED IV Tillman Cemetery Board Reg 3 yr term to 4/00 MayorTaylor Cemetery Board Rag 3 yr term to 4/00 I Titcomb Cemetery Board Alt 1 yr term to 4/98 II Bradley Code Enforcement Board Alt Term expires 9/97 TABLED IV Tillman Code Enforcement Board Rag Term expires 9/97 TABLED I Titcomb Code Enforcement Board A~t Term expires 9/97 II Bradley Community Relations Board Alt 1 yr term to 4/98 TABLED II Bradley Education Advisory Board Stu I yr term to 4/98 TABLED IV Tillman Library Board Alt 1 yr term to 4/98 TABLED MayorTaylor Library Board Rag Term expires 4/99 II Bradley SeniorAdvisory Board Alt 1 yr term to 4/98 TABLED III Jaskiewicz Senior Advisory Board Alt I yrterm to4/98 TABLED No appointments were made, Motion Vice Mayor Titcomb moved to table all appointments that were not already tabled, Commissioner Jaskiewicz seconded the motion which carried unanimously. III. ANNOUNCEMENTS & PRESENTATIONS Announcements 1. WORKSHOP CITY COMMISSION MEETING - July 16, 1997, at 8:00 a.m., in City CommisSion Chambers - Consolidated 5-Year Plan Mayor Taylor made this announcement. 2 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 Special City Commission Meeting: 1) Site Plan Approval for BGI Industries, and 2) Review of Proposed FY 97/98 Annual Budget July 25, 1997, at 3:00 p.m., in the Library Program Room Mayor Taylor made this announcement. City Manager Willis added that the Commission will be adopting the tentative millage rate for Fiscal Year 1997/98 during this meeting. NEIGHBORHOOD SUMMIT - July 29, 1997, from 7:00 p.m. to 9:00 p.m., in the Civic Center Mayor Taylor made this announcement. 4. JOINT CITY COMMISSION/CHAMBER OF COMMERCE MEETING - August 4, 1997, at 7:00 p.m., in the Library Program Room Mayor Taylor made this announcement. B. Presentations Presentation to the Mayor by Anne Dichell, Division Director of Palm Beach/Martin County Division of the South Florida March of Dimes, for the MARCH OF DIMES WALK-A-THON This presentation was delayed until the ardval of Anne Dichell. Presentation by Senator Matthew Meadows - Third and final quarterly payment in the amount of $107,700 for the BOYNTON BEACH ELEMENTARY SCHOOL SPECIAL CATEGORY GRANT PROJECT Senator Meadows expressed his pleasure at being able to present the City of Boynton Beach with $107,700--the final quarterly payment of the Boynton Beach Elementary School Special Category Grant. Mayor Taylor thanked Senator Meadows for taking the time to come to Boynton Beach to make this presentation. IV. CONSENT AGENDA Proposed Resolution No. R97-116 Re: Authorize execution of a td-party wall construction agreement between the City of Boynton Beach and Bill Winchester Elsie A. Winchester and M Frank Finrock. co-trustees of the Knuth Road Trust dated as of November 15. 1996 (Winchester) and Schroeder Larch. P. A. 3 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 Commissioner Jaskiewicz questioned the necessity of the City being involved in this tri-party agreement. Attorney Cherof advised that the City is a party to this agreement because there was a bonding requirement. The City permitted the project to be escrowed in lieu of the traditional bonding. We play no other role. In addition Commissioner Jaskiewicz stated that she observed some things in the agreement that would not be a City requiFement. Attorney Cherof advised that we have no duty to enforce any of those items. D. Approval of Bills A si of these bills is attached to the original set of these minutes on file in the City Clerk's Office. Vice Mayor Titcomb referenced the payments to the South Central Water Treatment Plant. In discussions with Bob Haggle, he earned that our approval process for payment is creating e cash flow problem. He questioned whether it would De possible to direct staff to look at a more efficient way to take care of this payment City Manager Willis advised that upon seeing the correspondence from Bob Haggle, she sent a memorandum to the Finance Department advising [hat it is not necessary to withhold payment on a bill that has already been approved. Commissioner Jaskiewicz referred to the demolition bid and felt the request made was inappropriate. Mayor Taylor agreed that the contractor should have viewed the site prior to submitting his bid. City Manager Willis advised that the City had not done demolitions for quite some lime. In doing this demolition, we piggybacked a School Board bid. The Property Appraiser's records for square footage were ~ncorrect. Therefore. an additional charge was incurred. In addition. the contractor failed to view the site, and we were charged additional monies. A. Minutes Special City Commission Meeting Minutes of June 27, 1997 RegUlar City Commission Meeting Minutes of July 1, 1997 Commissioner Jaskiewicz moved to approve the minutes. Vice Mayor Titcomb seconded the motion which carried unanimously. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget 4 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 45,1997 None C. Resolutions Proposed Resolution No R97-108 Re: Authorize execution of Maintenance Memorandum of Agreement for SR 804 between the State of Florida Department of Transportation and the City of Boynton Beach for landscape irrigation and paver brick improvements on Ocean Avenue from the lntracoastal to Federal Highway m conjunction with the Ocean Avenue Bridge Project Proposed Resolution No. R97-109 Re: Authorize execution of agreement between The School District of Palm Beach County and the City Of Boynton Beach to a ow E.M.T. students from the School District to ride With rescue companies from the City of Boynton Beach Proposed Resolution No, R97-110 Re: Change legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return to local government the right to enact and enforce tobacco-related ordinances Proposed Resolution No. R97-111 Re Reduction of Surety for Nautical Sound Plat Two to G. L Homes of Boynton Beach II Corporation conditioned upon submission to the City of a replacement Letter of Credit Proposed Resolution No. R97-112 Re: Approving job description for Assistant Director of Public Works Proposed Resolution No. R97-113 Re: Confirming appointment of Larry Quinn as Assistant Director of Public Works and authorizing City Manager to execute an appointment contract Proposed Resolution No. R97-114 Re: Authorize execution of an interlocal agreement between the City of Boynton Beach and Palm Beach County, providing for fire mutual assistance/autorr ~tic aid Proposed Resolution No. R97-115 Re: Approve addenaum to contract with James Duncan and Associates to substitute L. B. Limited & Associates. Inc. in place of Paradigm Shift on the project team Proposed Resolution No. R97-116 Re: Authorize execution of a tri- party wall construction agreement between the City of Boynton Beach and Bill R. Winchester. Elsie A. Winchester and M. Frank Finrock. co- trustees of the Knuth Road Trust dated as of November 15. 1996 (Winchester) and Schroeder & Larch. p. A. MINUTES CITY COMMISSION MEETING BO~'NTON BEACH, FLORIDA JULY 15, 1997 D. Approval of Bills A list of these bills is attached to the original set of these minutes on file in the City Clerk's Office. E. Payment of Bills - June, 1997 A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. Approve purchase of 42 youth football helmets and miscellaneous equipment from Pridewear, Inc., in the amount of $7,990.90 for P.A.L Youth Football Approve Task Order 28A, CH2M Hill, in the amount of $25,330 for the rehabilitation of Lift Stations 309 and 356 Approve request from Pete Rose Ballpark Caf6 to host a Classic Car & Truck Show on Sunday, July 27, 1997 Approve purchase of three (3) new MTS2000 Smartnet I Portable Radios, and ten (10) replacement speaker microphones from Motorola Communications in the amount of $7,624.50 This item was deleted from the Consent Agenda by City Manager Willis. { ,-,,--~+i,-,,-,. 4; ~,,+',-,~,-,-, ,-,-,,-.~+ o~, Of +h~ I-l;,~h I~;,-I,~= Co..~3...~3.~ located 2t the ,,,,,+~,~oo+ .... o, "* High Ridee ~"o'~ and i ~- -- dl 'i= - '. ....... + ~.,,,,,, +h ..... +h o;,~= ,~ +ho high Ridg ................ ~ .................... e Comm~.,e Park PID This item was deleted from the agenda by City Manager Willis and replaced with the following: 6 MINUTES CITY COM MISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 K. Special Event Approval for Outdoor Event at First Methodist Church Motion Vice Mayor Titcomb moved to approve the Consent Agenda in its entirety. Commissioner Jaskiewicz seconded the motion which carried unanimously. V. CITY MANAGER'S REPORT 1 Zero-Tolerance Policy City Manager Willis reminded the Commissioners that one of the City's Quick Victory projects will be at the medians at NW 17th. In an effort to preserve the lighting, irrigation and p~anting that will be done at this location, a zero-tolerance policy will be adopted. Chief Gage advised that there have been qumerous discussions about the medians on NW 17th. Chief Gage and Charles Frederick have discussed issues of concern relative to Hester Center and the public right-of-way to the south of that site. The situation at Hester Center is not considered to be out of control However. the goal is to eliminate any problem in the area. Discussion about surveillance at Hester Park included the use of an alarm system, better security at night, a video system, and a zere-tolerance policy toward any violations in that area. There was vandalism this past week at the NW 17th Avenue site. That vandalism was corrected by the end of the day. All violators will be prosecuted. The problem of graffiti will be addressed through the parents of the violators. We wil use their homeowners' ~nsurance to cover the City's costs for repairs and prosecution. If there :s no insurance, the attorney will go to civil court to cover those costs. We will also ask the State Attorney's Office to issue restraining orders on anyone who's arrested within the confines of Hester Park. If ~ criminal violation occurs on NW 17th Avenue by someone who is not a local resident of the area, we will ask the court for a restraining order to keep that person off that block. Vice Mayor Titcomb questioned whether it would be possible to post Hester Park with "drug free zone" signs, Chief Gage advised that under the Statute the Center does not qualify for those signs They are reserved for school zones. Mayor Taylor suggested that flyers be made up containing a summary of the information that was presented this evening so that they will stress the City's firm intent to prosecute. He would like the flyer available at Hester Center. and any other location staff determines to be a good distribution point. Mayor Taylor thoroughly believes in the direction being [aken. The homeowners want to better their neighborhoods and they have asked the City for support. Mayor Taylor will support the Police in the prosecution of any violators. Our intention is to make Boynton Beach a showplace, and we will stop anyone who tries to get in the way of this effort. The City is very serious about this program. MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 2. Neighborhood Assistance Program Agreement City Manager Willis advised that the NW 17th project is ready to move forward: however, in the Neighborhood Assistance Program Agreement there ~s an indemnification provision which is of concern with respect to neighborhoods that are not incorporated. Hank Ackermann Neighborhood Project Specialist. advised that this agreement is not unusual. Almost every city in the State and throughout the country with these programs has similar agreements. The concern that has been raised deals with whether or not an association that is not a nonprofit State recognized incorporated State association has indemnification for things that may go wrong. The problem paragraph is Paragraph 11. St. Petersburg has a similar indemnification clause and has determined that if a neighborhood association does not want to sign the agreement, there will be no partnership. Attorney Cherof said the provision is the most benign form of indemnification we would devise but in the event of damages, the City will have some recourse. Mayor Taylor agreed that this is a clause the City must have since we cannot open the City to liability. This clause serves as protection for the City. City Manager Willis said the project will proceed as soon as the agreement is signed. This project involves $25,000 in grant monies to the neighborhood association. B. Presentations Presentation to the Mayor by Anne Dichell, Division Director of Palm Beach/Martin County Division of the South Florida March of Dimes, for the MARCH OF D MES WALK-A-THON Anne Dichell thanked the Commissioners for inviting her to this meeting and stated that it was a privilege and honor for her to present the City with a plaque and trophy that honors the City of Boynton Beach as the top municipal team in the March of Dimes Walk-A-Thon The City raised more than $4.000. Mayor Taylor accepted the plaque and trophy and thanked everyone who participated. He hopes to get more people involved in next year's Walk-A-Thon. Commissioner Jaskiewicz reported that the City of Boynton Beach raised the most money in Palm Beach County for Jail 'n Bail. VI. PUBLIC AUDIENCE: None VII. PUBLIC HEARING: 8 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 Project: 142 NE 6~ Avenue OwneETommie L. Green Location: 142 NE 6~h Avenue Description: ZONING CODE VARIANCE - Request for a variance to the City of Boynton Beach Land Development Regulations. Chapter 2. Section 11.1.C.l.b - Nonconforming Lots. to allow construction of a single-family home on a nonconforming lot having a lot area of 4,800 square feet {rather than the minimum of 5.000) in the R-2 (single and two-family) zoning district Mayor Taylor advised that the Planning & Development Board unanimously recommended approval of this Zoning Code Variance. Motion Vice Mayor Titcomb moved to approve the Zoning Code Variance for 142 NE 6th Avenue subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. VIII. BIDS: None IX, DEVELOPMENT PLANS: None X. NEW BUSINESS Consider proposal submitted bY Boynton Transit Advertising Company to place advertising on street furniture throughout the City Paul Smith, Boynton Transit Advertisin(~ ComDanv, said he submitted a proposal to provide bus benches and shelters and add furniture such as bike racks. These items will be provided without cost or operational responsibility to the City of Boynton Beach. The Boynton Transit Advertising Company is a public service enterprise which will operate with revenue generated by the advertising. The City will benefit by receiving a percentage of the gross sales, maintaining control over the sites; numbers of units, advertising content, design and materials and products. The City will also be able to utilize space for civic and promotional program at no charge. Mr. Smith will also provide standard park benches at locations designated by the City Manager. This proposal will offer a medium for marketing products, thereby benefiting local business. Mr. Smith is working with Kathy Shabotynskyj of the Chamber of Commerce to provide Chamber members with benefits. In Mr. Smith's opinion, this is a true community program that will benefit everyone. 9 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 Mr. Smith met witt~ staff to consider aesthetics. He proposes shelters with standing seam roofs with black framing and paint in either blue or teal for the roof. This will identify the project as a City program BencheS will be manufactured using high-quslity plastic tumber with framing made of aluminum and plastic or Plexiglas. The original proposal was modified to reflect changes requested by the City including the construction items mentioned, an agreement of 10 years and the additional furniture. Mr. Smith reminded the Commissioners of the City's existing shelter contract with Flutie. That agreement is three years old and it called for payments to the City. No payments have been made to the City to date. Mr. Smith requested that the City terminate its contract with Flutie, and he would like to take over the existing shelters to make them revenue generating. The original program from Flutie was to supply up to 50 shelters. The company sold its assets and the program stalled. Mr. Smith would like to pick up this program and expand it. Mayor Taylor reported that Flutie also had a contract with the County. However. the County has not had any contact with the company. The County believes their contract with Flutie has expired. Mr. Smith advised that the County has its own shelters since Flutie is now out of the shelter business. Attorney Cherof s of the op~mon that the City's commitment to Flutie has expired. He will investigate this further. Mr. Smith confirmed for Mayor Taylor that in order to secure permits for the shelters, he must meet the ADA requirements and al! other requirements of the City, County, and possibly the State. Each agency ~s involved in the permitting process. Mayor Taylor reminded Mr. Smith of the need to coordinate this program with Palm Tran. Mr. Smith advised that he has spoken with Irving Cure. who supports this program Palm Tran has no jurisdiction within the City, but Mr. Cure expressed willingness to work with Mr. Smith. City Manager Willis confirmed that the blue and teal colors were selected to match the bridge design, Mayor Taylor spoke highly of Mr. Smith. He supports this project and is excited about the fact that it will be a revenue generator for the City. While speaking with Commissioner Bradley, Mr. Smith agreed to allow the City seal to be attached to the benches and shelters. Mr. Smith 'ecommended that the City terminate its contract with Flutie. and he will enter into negotiations with whoever controls the assets of the bus shelters to either take them over or replace them. 10 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 In response to Mayor Taylor's question, Mr. Smith advised that the bus shelters are constructed to withstand wind loads of 120 mph. Commissioner Jaskiewicz questioned whether Mr. Smith would be willing to change the maximum number of benches in order te give the Commissioners an opportumty to evaluate the program for negative impacts Mr. Smith advised that he planned on providing 10 shelters. 15 benches with advertising, and 5 benches without advertising at the start, There is a maximum of 25 shelters and 75 benches. He-offered _to consider lowering-the maximum from 75 benches to 50 benches, and reconsidering-the program in the future. Over time., additional benches will be added. There are approximately 150 bus stops in the City, The City Manager has complete approval of the site locations. She can create exclusions if she feels they are inappropriate. Mayor Taylor was agreeable to the initial 15 benches. Motion Vice Mayor Titcomb moved to approve the Boynton Transit Advertising Company proposal for bus shelters and shelters for the City of Boynton Beach. Commissioner Jaskiewicz seconded the motion which carried unanimously. Xl. LEGAL A. Ordinances - 2nd Reading - Public Hearing None B. Ordinances - 1st Reading: Proposed Ordinance No. O97-32 Re: Amend Part Ii, Chapter 2, Article 1, Section 2-2-(c) of the Code of Ordinances providing for amendment of the time period in which motions to reconsider quasi- judicial decisions must be made and indicating when a quasi-judicial decision is final City Attorney Cherof read Proposed Ordinance No. 097-32 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-32 on first reading. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote was unanimous. 11 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-36. Vice Mayor Titcomb seconded the motion. A rol,i call vote was polled by City Clerk Sue Kruse. The vote was unanimous. Proposed Ordinance No. 097-37 Re: Submit to referendum an amendment to Section 50 of the City Charter entitled, "Term of Elective Offices"; limiting the term of all elective officeS to unlimited two-year terms City Attorney Cherof read Proposed Ordinance No. O97-37 by title only. Motion Vice Mayor Titcomb moved to approve ProPosed Ordinance No. 097-37. Commissioner Jaskiewicz seconded the motion. A roll call Vote was polled by City Clerk Sue Kruse. The vote was unanimous. Proposed Ordinance No. O97-38 Re: Submit to referendum an amendment to Section 54 of the City Charter entitled, "Duties, Powers, Privileges of Mayor'! and deleting the Mayor's powers over the Police and Fire Departments City Attorney Cherof read Proposed Ordinance No. 097-38 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. O97-38. Vice Mayor Titcomb seconded the motion. A roll call vote was polled by City Clerk Sue Kruse. The vote was unanimous. Proposed Ordinance No. 097-39 Re: Submit to referendum an amendment to Section 24 of the City Charter entitled, "Quorum, Vote Required on Ordinances, Resolutions; enactment procedures generally" to delete the necessity of a four-fifths (4/5) vote to amend the Future Land Use Element of the Comprehensive Plan City Attorney Cherof read Proposed Ordinance No. O97,39 by title 0nly. Motion Vice Mayor Titcomb moved to approve Proposed OrdinanCe No. O97-36. Commissioner Jaskiewicz Seconded the motion. A roll caJl vote was polled by City Clerk Sue Kruse. The vote was unanimous. 13 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 Proposed Ordinance No. O97-40 Re: Submit to referendum an amendment to delete in its entirety Article IV-A entitled: "Merit System for Personnel". thereby abolishing the Civil Service System for all personnel City Attorney Cherof read Proposed Ordinance No. O97-40 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-40. Vice Mayor Titcomb seconded the motion. A roll call vote was polted by City Clerk Sue Kruse. The vote was unanimous. In response to Mayor Taylor's question, Attorney Cherof advised that each of these Ordinances. if passed by the Commission, will appear on the ballot as individual questions to be voted on C.Resolutions None D.Other None Xll. UNFINISHED BUSINESS None XIIL OTHER None XlV, ADJOURNMENT There being no further business to come before the City Commission, the meeting was adjourned at 7:30 p.m. 14 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 ATTEST: Cit:cc~lerk ('~.,.~cording Secretary 'rE)ne Tape) Mayor Commissioner 15 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 142 NE 6th Avenue APPLICANT: Tommie L. Green APPLICANT'S AGENT: NONE DATE OF HEARING BEFORE CITY COMMISSION: July 8, 1997 TYPE OF RELIEF SOUGHT: Request for a vanance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.1 .C. 1 .b. - Nonconforming Lots, to allow construction of a single-family home on a nonconforming lot having a lot area of 4,800 square feet (rather than the mimmum of 5,000) in the R-2 (single and two-family zoning district.) LOCATION OF PROPERTY: 142 NE 6th Avenue DRAWING(S): SEE EXHIBIT "A" A'i-I'ACHED HERETO. THIS MA']-FER 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 folJows: 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. There are no conditions for development requested by the Applicant, administrative staff, or suggested by the public. The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in ;~aragraph 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 City Clerk J:\SHRDATA\PIan ningtSHARED\VVP~PROJECTS\GREEN\DEVELOPM ENT ORDER. doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 142 NE 6t~ Avenue APPLICANT: Tommie L. Green APPLICANT'S AGENT: NONE DATE OF HEARING BEFORE CITY COMMISSION: July 8, 1997 TYPE OF RELIEF SOUGHT: Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.1 .C. 1 .b. - Nonconforming Lots, to allow construction of a single-family home on a nonconforming lot having a lot area of 4,800 square feet (rather tha~ the minimum of 5,000) in the R-2 (single and two-family zoning district.) LOCATION OF PROPERTY: 142 NE 6th Avenue 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 notat on "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 DATED: J:~SHRDATA~Ianning~HARED~ROJECTS~GREEN~DEVELOPM E NT DRDER.doc DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97-403 TO: FROM: DATE: SUBJECT: Sue Kruse City Clerk Tambri J. Heyden July 28, 1997 Draft Development Order for zoning code variance File No. ZNCV 97-001 (lot size'} for Tommie L. Green at 142 NE 6~ Avenue. Staff has discovered that a draft development order for the above project approved by City Commission July 8, 1997 was inadvertently missing from the Commission agenda back-up you received. Therefore, attached herewith is the draft development order. You may discard it if you have prepared one and issued the final development order. TJH:dim J:\SHRDATAkPlatming\SHAKED\WP~PROJECTS\GREENqmemo transmit D.O..doc MEETING MINUTES PLANNING & DE~ELOPME~ t' BOARD BOYNTON BEACH, FLORIDA JULY 8, 1997 Mr: Myott recalled that the Planning & Development Board requested that signage proposals be included with presentations. He questioned whether applicants have been notified of this procedure. Ms. Heyden advised that this procedure has been put in place and the board members will be seeing evidence of this in the very near future. Vice Chairman Golden inquired about the exterior renovations for Boynton Plaza. Ms. Heyden was unable to provide a response. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING Zonin Code Variance 1. Project: 142 NE 6t~ Avenue Owner: Tommie L. Green Location: 142 NE 5th Avenue Description: Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.1 .C.1 .b.- Nonconforming Lots, to allow construction of a single- family home on a nonconforming lot having a lot area of 4,800 square feet (rather than the minimum of 5,000) in the R-2 (single and two-family) zoning district. Chairman Dub~ pointed out that since the original houses were built, the zoning has been Changed. Mr. Green is now being punished because he is being required to have 5,000 square feet while everyone else around him has 4,800 square feet. Attorney Pawelczyk administered the oath to Tommie Green of 2650 NW 2"4 Street. Mr. Lewicki advised that he had nothing additional to add about this request that was not already said by Chairman DubS. Staff has no objection to this request. Mr. Green said'he began work on this project on December 10, 1996. He urged the members to approve his request so that he can move forward. Chairman Dub~ announced the PUBLIC HEARING. 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 8,1997 Ida Aiken, 136 NE 6~h Avenur, is not opposed to approval of this request, but questioned how an approval would affect her property. She is concerned that Mr. Green's house will be too close to hers. Mr. Lewicki explained that every zoning district requires certain setbacks. According to the site plan. the Setbacks of 9' will be met between the ex~emal wall of the building and the side property line. There will be 20' rear and front setbacks. Mr. Wische explained to Ms. Aiken that the distance from her home to this Proposed home will be no different from the distance of the existing home. Mr. Aguila added that there will be approximately 16' between the houses. Mr. Green pointed out that this parcel of land has been a nuisance because of trash piles. He plans to improve this property. Motion Mr Friedtand moved to grant the vadance Mr. Wische seconded the motion which carried unanimously. B. OTHER Abancionment Project: Agent:. Owner: Description: High Ridge Commerce Park PID J. Richard Hards, Esq. Southern-most 25' of the High Ridge Commerce Park PID, located at the northeast comer of High Ridge Road and unimproved Miner Road. Request to abandon a 25' wide buffer easement along the south side of the High Ridge Commerce Park PID Attorney Pawelczyk administered the oath to Mr. Rick Harris, representing Condor Investments. Mr. Lewicki had nothing additional to offer other than what was included in the back-up material. Mr. Harris advised that the road was abandoned and the buffer easement was relocated. The applicant now has two buffer easements~ and they are abandoning the one that was platted. They have reached an agreement with FPL With respect to relocation of the 10' easement. Mr. Harris has prepared the agreement, and is ready to record it. Motion Vice Chairman Golden moved to approve the request to abandon a 25' wide buffer easement along the south side of the High Ridge Commerce Park PID subject to staff comments. Mr. Wische seconded the motion which carried unanimously. 5 Requested City CommissionMeetineDates [] May6,1997 [] May20, 1997 [] June3. 1997 [] June 17, 1997 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned ]~1 to City Manager's Office April 25, 1997 (noon) May 9, !997 (noon) May 23, I997 (noon) June 6, 1997 (noon) Requested Cig, Commission Meeting Dates [] July 1, 1~97 [] July 15, 1997 [] AugustS, 1997 [] August 19, 1997 Date Final Form Must be Turned in to City Mana 's Office June 20, 1997 (noon) July 3. 1997 (Thursday noon) July 25, 1997 (noon) August 8, 1997 (noon) RECOMMENDATION: Please place the request below on the July 15, 1997 City Commission agenda under Consent Agenda (as per recently adopted ordinance No. 97-22) for ratification of the Planning and Development Board's action. The Planning and Development Board, with a 7-0 vote, approved this request. For further details pertaining to this request, see attached Planning and Zoning Department Memorandum No. 9%33 l. EXPLANATION: PROJECT: 142 N.E. 6'~ Avenue -,,©WNER: Tommie L. Green DCATION: 142 N.E: 6th Avenue ESCRIPTION: Request for a variance to the City of Boynton Beach Land Development regulations, Chapter 2, Section · ~ 1 1.1 .C. 1 ,b - Nonconforming Lots, to allow construction of a single family home on a nonconforming lot having a;lot area 0f4800 Square feet (rather than the minimum of 5,000) in the R-2 (single and two-family) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Development Services Department Name n~t~ '~"2Plann~ng and Z0 Director City Manager's Signature Meeting Date: Petition: File No: Location: Owner: Project Name: Variance Request: Note: DEVEI-:~.,PMENT SERVICES DEPARTMEN:, PLANNING AND ZONING DIVISION MEMORANDUM #97-331 Staff Report Planning and Development Board July 8, 1997 Case No. 235 ZNCV 97-001 (lot size) Lot 10, Block 2, Sunny Side Estates Tommy L. Green, Sr. 142 N.E. 6~ Avenue Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.1.C. 1.b. - Nonconforming Lots, to allow construction of a single family home on a nonconforming lot having a lot area of 4800 (rather than the minimum 5,000) square feet in the R-2 (single and two- family) zoning district. This is the first zoning code variance to be reviewed by the Planning and Development Board since the transfer to the Board of the dUties of the Board of ZOning Appeals. BACKGROUND The subject property is the only undeveloped lot within Block 2 of the Sunny Side Estates subdivision (see Exhibit "A"- Location Map and EXhibit "B" - Survey). The zoning designation of the subject parcel, as well as the entire subdivision, is R-2 (single and two- ' family dwelling district). The property owner is proposing construction of a single family residence (see Exhibit "C" - proposed site plan), on Lot 10 of Block 2 of Sunny Side Estates. Lot 10 is 4800 square feet in size. However, the minimum lot size for a single family residence in the R-2 zoning district is a minimum of 5,000 square feet. Construction of the house cannot be permitted on a substandard lot, without a variance to the minimum lot size requirement. For this reason a ~build'ng perm t apphcat~on was den ed for the hOuse. ' The following is a description of the zoning districts and land uses of the properties that surround the subject request: Page 2 Memorandum No. 97-331 Tommie L, Green, Sr. Case No. 235 Staff Repot[ - Planning and Development Board North South East West Yorktown condominium complex, zoned R-3. Residences of Sunny Side Estates, zoned R-2. Residences of Sunny Side Estates, zoned R-2. Residences of Sunny Side Estates, zoned R-2. ANALYSIS City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Sections 5.F r~.~ and 5.E state that the minimum lot area for a single family residence within R-2 zoning district ' is 6,000 square feet. Another section of the city zoning code - Section 11.1, Paragraph C. 1 · . states, however, that: "A detached single-family dwelling may be constructed on any parcel located in an R- 1, R-lA, R-2 Or R-3 district, provided that it meets all of the following requirements: a. The parcel contains at/east one (1) whole platted lot; b. The parce/ has a frontage of not less than fifty (50) feet, and a lot area of not less than five thousand (5, 000) square feet; c. Property cannot be acquired from adjacent parcels so as to make the subject parcel conforming, without causing the adjacent parcels or structures thereon to become nonconforming or more nonconforming". Regarding criterion a) above, lot 10 of Block 2 of Sunny Side Estates is the lot area as was originally platted in 1959, i.e. - it has not been reconflgured or further subdivided. Regarding criterion b) above, lot 10 has a frontage of 60 feet, but the lot size is 4800 square feet (i.e. - less than 5,000 square feet). Regarding criterion c) above, additional property cannot be acquired from the adjoining ~":)roperties to make the lot conforming, since all other lots within this subdivision are :levelOped and all of them are nonconforming (4800 square feet in size). Page 3 .~ Memorandum No. 97-331 Tommie L. Green, Sr. Case No. 235 · Staff Repod - Planning and Development Board The code states that zoning code variances cannot be approved unless the board finds the following: a That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or bUildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by th s ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applican~ of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. That the variance granted is the minimum variance that will make possible the reasonat~le Use of the land, building, or structure. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordnance] and that such variance will not be injurious to the area involved or'otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures thereon to become nonconforming. The applicant for such variances shall provide an affidavit, with the app.' libation for variance, stating that the above mentioned conditions exist with resp~ to the acquisition of additional property Exhibit "D" contains the applicant's response to the above criteria. Also, as a point of information, several zoning variances have been granted for nonconforming, undersized lots in the City. Unlike other development applications, the code does not require staff to make a recommendation regarding whether an applicant should be permitted to violate the city's ordinance. However, pleaSe be advised that a taking can be determined to occur when regulations preclude any use of a piece of property. xc: Central File ,~ ~\\CH~MAIN\SHRDATA\Planning\SHARED\WP\PROJECTS\GREEN~ZON VAR STAFF REP-235.doc EXHIBIT "A" LC'CATION MAP 142 N.E. 6t h AVE EXHIBIT "B" FLOOD ZONE C, ~20196-0004-C, ~EPTEMBER 30, 1982, NOTE: ELEVATIONS AND BENCH MARK SHOWN ARE 'IATIONAL GEODETIC VERTICAL DATUM OF 1929, ESTABLISHED FROM BENCH MARK B25. D~CRIPTION LOT 10, 8LOCK 2, SUNNY-SIDE ESTATES, according to the Plat recorded in Plat Book 26 page 16 as recorded in the Public Records of Palm Beach County, Florida; said land situate, lying and being in Palm Beach County, Florida. LEGEND D FOUND 2" x 2" CONCRETE MONUMENT PERMANENT REFERENCE MONUMENT 0 ~OUND P.K. NAIL AND WASHER · SET P.K. NAIL AND WASHER O SET NO. 5 RE-BAR AND CAP, LS-1725 PLAT OF SURVEY FOR: TOMMI~ L. GREEN, SR., REPRODUCTION IN ANY FORM IS PROHI~I1E. D HrJa~ ClarIFY that this s~rv~y was made under my reepo~sible charge ~nd meets the Minimum Technic~l mdard$ as set forth by Professione{ REFERENCES DATE OF ~RVEY DATE OF PRINT DEC ! I ~ SCALE ~10, 1725 ~HOUAS A. DETORE PROFESSIONAL SURYfYOR &: MAPPER 2966 Via del Lago LAKE WOE111, FL 53461-t743 PHONE (407) 965-0191 ':~'~ PG. ~ O~DER NO. · ' -~'~,- G NUMBER EXHIBIT "C" 0 DRAWN OF ~ EXHIBIT "D" WiLLiAM LEANDER OSBORN A.I.A. & ASSOCIATES LAND PLANNING 3600 W. COMMERCIAL BLVE~. SUITE 208 FT. LAUDERDALE, FL 33309 PHONE 9~4-677-9SO0 FAX 9~4-677-9 ! 97 BOARD OF ZONING APPEALS VARIANCE APPLICATION RE: PROPOSED SINGLE FAMILY HOUSEr LOT 10, BLK 2, ESTATES P-B. 26-16 SUNNY-SIDE A. THIS LOT IS NONCONFORMING, BEING SMALLER THAN THE MINIMUM SIZEiT COMPLIED.FOR THE CURRENT ZONING. W~EN THE PROPERTY WAS PLATTED, B. THE SPECIAL CONDITIONS KND CIRCUMSTANCES AREN,T A RESULT OF THE ACTIONS OF THE APPLICANT. C. ALL OT~ER LOTS IN THE AREA HAVE EXISTING HOUSES SO THEY DO NOT REQUIRE A VARIANCE. ' D. WITHOUT A VARIANCE, NOTHING CAN BE BUILT ON THE PROPERTY, AND WOULD DEPRIVE THE APPLICANT BY OTHER PROPERTIES IN THE SAME OF RIGHTS COMMONLY ENJOYED E. YES, T~E VARIANCE IF GRANTED IS AREA. THE MINIUM VARIANCE THAT ORWILL STRUCTURE. MAKE POSSIBLE THE REASONABLE USE OF THE LAND, BUILDING F. YES, THE GRANTING IF THE VARIANCE WILL BE IN HARMONY WITH THE GENERAL INTENT AND PURPOSE OF THIS CHAPTER AND SUCH VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE. ARCH. REG 6844