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Minutes 03-18-03 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 18, 2003 AT 6:30 P.M. Present Gerald Broening, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor Jim Cherof, City Attorney Mack McCray, Commissioner Janet Prainito, City Clerk Carl McKoy, Commissioner Ron Weiland, Commissioner I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Rev. Dr. Marshall Cook, Boynton Beach Congregational Church C. Pledge of Allegiance to the Flag led by Vice Mayor Ferguson Mayor Broening called the meeting to order at 6:33 p.m. Dr. Cook offered the invocation after which Vice Mayor Ferguson led the Pledge of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. Motion was seconded by Commissioner McCray and carried unanimously, Meeting Minutes Regular City Commission Bovnt0n Beach, Florida March 18, 200? OTHER: A. Informational Items by Members of the City Commission Commissioner Weiland said that the CRA Workshop held at the Holiday Inn was a very informative meeting. Although he previously voted for the height increase, he has had second thoughts about a height of 150 feet on the Federal Highway Corridor. He requested that when the Commission reviews site plans in the future, they take into consideration what the downtown will look like in ten years. Commissioner McKoy attended an F.C.A.T. workshop at Congress Community Middle School. He commended the school and the instructor for providing sound preparation for the F.C.A.T. Commissioner McCray announced that the Commission would be honoring the Boynton Beach High School Basketball Team at the April Ist Commission meeting. Mayor Broening spoke regarding the Boynton Beach High School Basketball Team's participation in the state championship in Lakeland. The team has only been in existence for two years and for them to compete at the state level was remarkable. They took two buses up on Friday and one on Wednesday and the buses were full. Mayor Broening was proud of the way the kids and the adults behaved. Whether they won or lost was not important because the group made him very proud and the team will be formally honored on April fit. Mayor Broening said that during regular trash collection last week, he observed that a sole worker on the truck went down the street to pick up some spilled trash. He commended the employee. III. ANNOUNCEMENTS, COMf4UNZTY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. Informational announcement for program of recognition and support for Company D (Delta Demons) of 2nd Battalion, 327th Infantry Regiment of 10:[st Airborne Division, United States Army City Manager Bressner noted that this is a very serious time. There are many troops deployed abroad. He explained that the City adopted a military unit, the same unit that saw action in the Persian Gulf. He requested the community's support in providing travel size personal items, such as sunscreen and shampoo. The City will pay to ship 2 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida March 16, 200~ these items. Most important would be letters or cards from home in support of the troops. Tnformational packets were made available for the audience. B. Community and Special Events 1. Oceanfront Concert Series - Friday, March 21, 2003 -"Tsland Heat" Wayne Segal, Director of Media and Public Communications, announced the Oceanfront Concert Series and explained that items for the troops could be brought to this event. He announced that the Boynton Times and the Keyes Company were sponsors for the concert. C. Presentations: 1. Proclamations: a. "Workplace Eye Safety Month"- March 2003 Mayor Broening read the Workplace Eye Safety Month proclamation and presented it to Chuck Magazine, Risk Manager. Mayor Broening noted that the City of Boynton Beach received several awards for safety. 2. Presentation by the Palm Beach County School Readiness Coalition, inc. (William Moss, Chairman) Mayor Broening introduced West Palm Beach City Commissioner William Moss, who is also Chairman of the Palm Beach County School Readiness Coalition. William Moss explained that the Readiness Coalition was formed by the State Legislature in 1999 to provide early childhood education for children who need a subsidized program. The legislation requires a 6% local match for the children of the working poor. Tn Boynton Beach there are approximately 140 children receiving assistance. There are only five cities in Palm Beach County that provide their 6% match and Boynton Beach is one of them. He thanked the City for "stepping up" for the children of Boynton Beach and presented a plaque to Mayor Broening. 3. Accept Annual Financial Report for Fiscal Year ended September 30, 2002 (Tabled on February 18, 2003) Motion Commissioner McCray made a motion to remove item 3 from the table. Commissioner McKoy seconded the motion that carried unanimously. Meeting Minutes Regular City Commission Bovnton Beach, FIQrida March 18, 2003 Commissioner McCray explained that he met with City Manager Bressner and Finance Director Diane Reese and received answers to the questions he had regarding the inventory. Motion Commissioner McCray moved to accept the Comprehensive Annual Financial Report for Fiscal Year ended September 30, 2002. Motion was seconded by Commissioner Weiland and carried unanimously. TV. ADMTNTSTRATTVE: A. Accept letter of resignation from Dan Winters, Regular Member of the Recreation & Parks Board Motion Vice Mayor Ferguson moved to regretfully accept the letter of resignation from Mr. Winters, a long time supporter of parks and recreation in the City. Motion was seconded by Commissioner McCray and carried unanimously. B. Appointments to be made: None (Advisory Board appointments will appear on the April 1~t agenda) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of February 13, 2003 2. Regular City Commission Meeting of February 18, 2003 3. City Commission Workshop of February 25, 2003 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget 1. Approve purchase from Lawmen's & Shooters of one small gun ultrasonic cleaning system for $547 and one long gun ultrasonic cleaning system for $4,495 (Police Department) 4 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida March 18, 200~ 2. Award bid for the "PURCHASE OF ONE NEW & UNUSED DUAL SIDE LOADING DIESEL POWERED RECYCLING TRUCK TO INCLUDE A TRADE IN," Bid #089-2516-03/C3D to PALM PETERBILT & GMC TRUCKS, INC. OF FT. LAUDERDALE, FL. in the amount of $92,349.10 3. Award bid for the REPLACE/INSTALL HVAC SYSTEM AT THE BOYNTON BEACH LIBRARY, LOCATED AT 208 S. SEACREST BLVD., BID #020-2413-03/C3D, to COMFORT TECH AIR OF HIALEAH, FLORIDA in the amount of $221,900 (Proposed Resolution No, R03-034) Vice Mayor Ferguson requested that item B.3 be removed from the consent agenda. 4. Award Phase II of the PREPARATION OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ #041-2413-02/KR to URS CORPORAI'ION at a cost "NOT TO EXCEED" $64,500 (Proposed Resolution No, R03-035) 5. Award "CO-OP LIQUID CHLORINE CALCIUM AND SODIUM HYPOCHLORITE" (West Palm Beach is the lead agency), BID #044- 2821-03/]A to ]ONES CHEMICALS INC. and ALLIED UNIVERSAL CORP. who were the lowest, most responsive bidders who met all specifications for an estimated annual expenditure of $79,750 (Contract period: April 1, 2003 through March 31, 2004) C. Resolutions: 1. Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City (TABLED TO I~ARCH 18, 2003) Commissioner McCray requested that item C.1 be removed from the consent agenda. 2. Proposed Resolution No. R03-036 Re: Approving the recommendation by South Central Regional Wastewater Treatment and Disposal Board to fund the Task Order for Hazen & Sawyer to complete design and construction services for the next phase of the plant's reuse program. Total value of this Task Order will be $88,000 divided between Boynton Beach and Delray Beach requiring each to fund $44,000 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida March 18, 2003 Mayor Broening requested that item C.2 be removed from the consent agenda. 3. Proposed Resolution No, R03-037 Re: Authorizing release of a cash bond of $23,000 to VDS Associates, Ltd. for the project known as the Clubhouse at Villa Del Sol 4. Proposed Resolution No. R03-038 Re: Ratifying Letter of Understanding between the City and the :International Association of Firefighters Union clarifying the language in Article 30, Longevity, of the TAFF contract 5. Proposed Resolution No. R03-039 Re: Approving Amendment No. 2 to Task Order No. 01-05 to Camp, Dresser & McKee (CDM) for additional engineering services for the INCA Stormwater Management Tmprovements and Water Main Replacement project in the amount of $45,800 6. Proposed Resolution No, R03-040 Re: Authorizing submittal of application for Assistanceunder the F.T.N.D. Waterways Assistance Program 7. Proposal Resolution No, R03-041 Re: Approving the execution of Task Order #01-09 with Utilities General Engineering Consultant, Metcalf & Eddy, with a maximum upper limit of $282,559 for production well services at the western wellfield 8. Proposed Resolution No. R03-042 Re: Approving the execution of a Grant Agreement between the City of Boynton Beach and the State of Florida, Department of State, Division of Library and :Information Services, for the expansion project of the Boynton Beach City Library to secure the grant amount of $500,000 Commissioner Weiland requested that item C.8 be removed from the consent agenda. 9. Proposed Resolution No, R03-043 Opposing the Governor's proposed Fiscal Year 2003/2004 budget that eliminates the State Housing Trust Fund and reduces by approximately $94.5 million the funds available for affordable housing Commissioner Weiland requested that item C.9 be removed from the consent agenda. 10. Proposed Resolution No. R03-044 Authorizing the execution of Change Order No. 3, Revision ! in the amount of $71,373.09 for 6 Meeting Minutes Regular City Commission Bovnt0n Beach, Florida March 18, 200~ the Seacrest Estates Water Main Replacement and Swale Improvements Project with Megan South, Inc. 11. Proposed Resolution No. R03-045 Re: Accepting a Letter of Credit No. 637961 from Fidelity Federal Bank and Trust in the amount of $101,597.10 as surety for the installation of water and sewer improvements for the project known as Medical Arts Professional Center D. Ratification of Planning & Development Board Action: 1. Motorola P:~D (USAP 03-001), Southeast corner of Gateway Boulevard and Congress Avenue - Request to approve a list of permitted uses for the 39.3-acre PID 2. Mobil on the Run (SPTE 02-005) Woolbright and Congress, 2605 West Woolbright Road - Request for a site plan time extension of the site plan approval granted on January 2, 2002 to January 2, 2004 E. Ratification of CRA Action: 1. Holly Variance (ZNCV 03-001), 133 NE 4th Avenue - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a and 5.E.2.a, requiring 60' minimum lot frontage to allow a 10' variance, resulting in a 50' lot frontage for a single-family house within an R- 2 zoning district; and Request relief from Chapter 2, Zoning, Section 5.F.2.a, requiring a minimum side yard setback of 10' to allow for a variance of 2.5' and a side setback of 7.5' on each side for a single-family home within the R-2 zoning district F. Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) Commissioner Weiland requested that item F be removed from the consent agenda. G. Accept the written report to Commission of purchases over $10,000 for the months of January and February 2003 for informational purposes 7 Meeting Minutes Regular City Commission Bovnton Beach, Florida March 18, 200~ H. Approve the "SURPLUS EQUIPMENT LIST" as submitted by staff and allow for disposal of same Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of Boynton Seafood 3. Authorize the City Manager to submit a Development Regions Core Grant application to Palm Beach County Department of Economic Development on behalf of :Innovative Window Concepts LLC K. Authorize the allocation of $2,000 of Community Investment Funds requested by Commissioner McCray for the Boynton Beach HeadStart Program L. Authorize payment of $71,289.77 to FEC Railway Company for improvements made to the railroad crossings at NE 6th Avenue and SE 12th Street Motion Commissioner Weiland moved to approve the consent agenda as amended. Commissioner McCray seconded the motion that carried unanimously. B.3. Award bid for the REPLACE/INSTALL HVAC SYSTEM AT THE BOYNTON BF_ACH LIBRARY, LOCATED AT 208 S. SEACREST BLVD., BID #020-2413-03/C3D, to COMFORT TECH AIR OF HTALEAH, FLORIDA in the amount of $221,900 (Proposed Resolution No. R03-034) Vice Mayor Ferguson commented that he was disappointed that there were no bidders from Palm Beach County. Diane Reese, Finance Dire~or, reported that there are four air conditioning vendors in the City of Boynton Beach that are registered with the City. Only one of those vendors picked up a bid package and that vendor did not submit a package. Motion Vice Mayor Ferguson moved to approve item B.3. Motion was seconded by Commissioner McCray and carried unanimously. C.1. Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or 8 Meeting Minutes Regular City Commission Bovntpn Beach, Florida March 18, 200~ mixed martial arts within the jurisdictional boundaries of the City (TABLED 7'0 I~/ARCH ~8~ 2003) Motion Commissioner McCray made a motion that item C.! be removed from the table. Motion was seconded by Commissioner Weiland and carried unanimously. Motion Commissioner McCray moved to retable item C.1. Commissioner McKoy seconded the motion that carried unanimously. C.2. Proposed Resolution No. R03-036 Re: Approving the recommendation by South Central Regional Wastewater Treatment and Disposal Board to fund the Task Order for Hazen ~ Sa~er to ~omplete design and ~onstru~ion semi,es for the ne~ phase of the plant's reuse program. Total value of this Task Order will be $88,000 divided be~een Boynton Beach and Delray Beach requiring each to fund $~,000 Bruce Black said that currently the Regional Wastewater Treatment Plant dumps approximately 8 million gallons of water a day into the o~ean. He requested and received records for the month of Februa~ 2003 of the ten top residential water users. The number one residence, Io~ated in O~ean Ridge, used ~27,000 gallons of water in one month, all for irrigation. Mr. Black requested that we find a way to get some of the wastewater treated so it ~ould be used for irrigation. He felt that there was a flagrant misuse of water in O~ean Ridge. Commissioner McCray said that the Commission was also ~on~erned regarding the re- use of water. They have lobbied individuals in Tallahassee and are a~empting to obtain permits from the Lake Wo~h Drainage Distri~. Motion Commissioner M~Cray moved to approve proposed Resolution No. R03-036. Motion was seconded by Commissioner Weiland and ~arried unanimously. C.8. Proposed Resolution No. R03-042 Re: Approving the execution of a ~rant Agreement be~een the Ci~ of Boynton Beach and the State of Florida, Depa~ment o~ State, Division of Libra~ and Information Semi,es, for the expansion pro~e~ of the Boynton Beach Ci~ Libra~ to secure the grant amount of $500,000 Mayor Broening read proposed Resolution No. R03-0~2 by title only. 9 Meeting Minutes Regular City Commission Bovnton Beach, Florida March 18, 2003 Valerie Pleasanton, 235 S.W. 13th Avenue, said that she was also representing her store, Ace Hardware. She requested that the Commission sign the grant agreement for the Library expansion tonight. They worked very hard to get the grant and it would not make sense to throw the grant money away just because we are not sure how to fund the project. Ms. Pleasanton felt that the Library is very important for parents and is a place where children are safe and can learn. The Library offers good resources to students, citizens, and business people. The deadline to award the bid is December 23, 2003. 3ean Birdsall, 1003 S.W. 6th Avenue, supported the signing of the grant application. She also supports funding the project with non-referendum bonds, using the public service tax. Brian Edwards, 629 N.E. 9th Avenue, supports the resolution. He felt that now is the time to move forward. A lot of adults are in need of our Library and the services it provides. Herb Suss said that he is a member of the Library Board and supports the resolution. The population may be 70,000 by the time the Library is built. ~[t is meaningful for students, senior citizens, and business people. He also supports using the non- referendum bonds. He suggested letting developers of the downtown area help pay for this. At the request of Commissioner Weiland, City Manager Bressner explained the four options available. They are: 1. Sign the agreement now and proceed with the architectural phase and then decide over the next few months on the best way to fund the project. 2. Sign the agreement, decide how to finance it, and move forward with the project. 3. Not sign the agreement, which would mean that the State would allocate the funds to other projects. 4. Not sign the agreement and work with our local legislative delegation to request that the deadline for the grant be extended to 2004. Vice Mayor Ferguson inquired whether the construction would need to start in December of this year. City Manager Bressner answered that the construction bids would have to be awarded by December 23, 2003. Commissioner Weiland said that he is a father of four whose children use the Library quite often. He represents all the citizens of Boynton Beach and some people support Recreation while others support the Library or the Police or the Fire Department. He said that he would be supportive of a referendum to ask the voters to approve this 10 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida March 18, 200~ project. He has no problem signing this agreement tonight because we can stop the project and return the grant money and look for grants down the road. His main concern is that it will cost approximately $500,000 to design the project and he does not want to pay for a design and then not go forward with the project if the voters say no. Commissioner McCray applauded the Friends of the Library for their comments. The cost of the whole project is $6.5 million. He was in Tallahassee to lobby the legislature to get this grant extended and, hopefully, it will be. He does not want to spend $500,000 for the design and then the voters say no. He also commented that he has been told that the District !! citizens are not treated friendly at the Library. IVlayor Broening did not know how a community could survive without a Library. He felt that they should not talk about the funding now. They should go ahead with the grant agreement. He believed that a referendum is not always the way to get things done. By Charter, the Commission has the power to make decisions but he questioned whether we have the will. !f we let the grant go, we send a message that we are regressing. Cities provide services and the Library provides services and is a community resource. He felt that the Commission has a responsibility to make these decisions. He asked for a motion to approve. Motion Commissioner IVlcKoy moved to approve proposed Resolution No. R03-042. Vice Mayor Ferguson seconded the motion. Commissioner Weiland commented that the Commission is not attempting to shirk its responsibility. He felt that when developers come to town to ask for changes to the zoning, etc., we should ask them for something in return (funding). He had no doubt that the Library needs a new air conditioning system, paint, new books, and shelving. However, he wondered how we are going to pay for a new Library if we cannot fund the needs of the current Library. He also said the Commission was never given any options for the Library, just as it was never given any options for Wilson Center. He wanted to know how much it would cost to rehabilitate the Library at a lesser cost. City Manager Bressner recommended that the Commission go forward with the grant and with the design. Then we would have a choice as to how to proceed with this project and others. He said that staff is working on a list of capital projects. The value of the list exceeds the $11 million that would be available for non-referendum bonding. Therefore, in order to do any significant amount of projects on the list, we would need to ask the voters. The list of projects will be ready for a Commission workshop in April and the list will include refurbishing of Wilson Center versus replacing Wilson Center. 11 Meeting Minutes Regular City Commission Bovnton Beach, Florida March 18, 200~ Commissioner Weiland felt that the Library project should have gone to the voters six months ago. Mayor Broening commented that when there is a referendum, it shows up on the tax bill as ad valorem taxes. These taxes in the past have only been enough to pay for police, fire, and emergency services. With downtown development, the Marina, and other new projects in the City, the tax base is improved. We must make decisions that are good for the community. He said that growth cannot be stopped and we need a Library that reflects that growth. He felt that the Commission should take staff's advice. Commissioner McCray asked City Attorney Cherof for an explanation of the grant agreement. City Attorney Cherof explained that this is the Commission's opportunity to lock in the $500,000 grant money. The money will not be spent by the State on anything else. However, the bid must be awarded by December 2003. Roll Call City Clerk Prainito called the roll and the motion to approve carried 4 to I with Commissioner Weiland dissenting. C.9. Proposed Resolution No. R03-043 Opposing the Governor's proposed Fiscal Year 2003/2004 budget that eliminates the State Housing Trust Fund and reduces by approximately $94.5 million the funds available for affordable housing Harry Marcus felt that this was not a Commission function to act in place of the State legislature or to eliminate things from the State budget. ]t is up to our representatives in Tallahassee. He urged the Commission not to go on record and politicize this. City Attorney Cherof stated that the resolution is within the powers of the Commission. Commissioner Weiland supports affordable housing but felt that with the lack of back- up information, it was unknown why the governor cut the funds. There may be a good reason. He did not understand how they could approve or disapprove the resolution without having more information. Octavia Sherrod, Community ~[mprovement Manager, reported that the City may lose in excess of $600,000 annually that is set aside for new affordable housing and for rehabilitation. The money collected from document taxes is placed in a trust fund and distributed throughout the state to governments who have entitlement status. Therefore, the amount received is based on the amount in the trust fund. 12 Meeting Minutes Regular City Commission Bovnton Beach, Florida March 18, 200~ Mayor Broening felt that this provides a considerable amount of money for our City and provides a much needed public service. He suggested that the reference to Governor Bush be omitted from the resolution as he agrees with Mr. Marcus insofar as politics has no place in conducting City business. Commissioner McCray commented that the Tallahassee legislators told the Palm Beach County delegation that they would do everything in their power to keep these funds in the budget. Commissioner McKoy stated that he could not support anything that has a negative impact on affordable housing. Vice Mayor Ferguson did not think that these resolutions have much effect. He did not believe this was a pertinent resolution just because we support affordable housing. Mayor Broening said that some of our Commissioners were up in Tallahassee lobbying for these funds and this would reinforce their lobbying. Motion Commissioner McKoy moved to amend the resolution to omit the governor's name and adopt the resolution. Commissioner McCray seconded the motion that carried 3 to 1 with Vice Mayor Ferguson dissenting (Cornm/ss/oner We#and had ternporar//y/eft the da/s). F. Authorize eminent domain proceedings for the acquisition of 4 parcels of land from ~, private property owners in order to construct a stormwater retention pond associated with the NE ?th tO ~.0th Avenue Stormwater Tmprovement Project (:iNCA Project) Commissioner Weiland had a concern because people invested money in these properties and there may be a better use of the property in the future. He was not in favor of moving forward with eminent domain proceedings now and would vote against it. Brian Edwards, 629 N.E. 9m Avenue, appreciated Commissioner Weiland's comments. Mr. Edwards lives in the area and for the past five years, he spoke for the majority of residents to push the stormwater drainage project forward. He has no desire to prolong this project so he would support eminent domain proceedings. This is a quality of life issue to solve the drainage and sewage problems. He requested the Commission's support to begin eminent domain proceedings. 13 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida March 18, 2003 Bob Brown, 701 S. Seacrest Boulevard, owns some of the property along the Tntracoastal. He would be more than amicable to settle with the City rather than pay attorney fees and appraisers. As one of the property owners, he asked that the Commission direct staff to sit down with the four property owners before beginning eminent domain proceedings. Commissioner Weiland asked whether these appraisals were done using residential or mixed-use zoning. The property becomes more valuable if there is mixed-use zoning. City Attorney Cherof said that the appraisals were based upon the highest and best use of the property. He did not recall what zoning considerations they used. Dale Sugerman, Assistant City Manager, explained that negotiations have been going on with the property owners for 12 months. The City uses a private real estate firm for negotiations. There have been at least three contacts with property owners and some have had up to eight negotiation sessions. All 17 properties were appraised using a State certified appraiser and all negotiations were based on those appraisals. Tn some cases, offers exceeded 120% of the appraised value and in some cases offers exceeded nearly 150% of the appraised value, with the understanding that any final determination would be made by the City Commission. City Manager Bressner explained that the property is not zoned mixed-use. The future land use is identified as mixed use. The underlying zoning of the property is residential. The appraisals were based on the 3uly 2002 zoning of the property, which has not changed. Vice Mayor Ferguson had a concern that the appraisals may be out of date and inquired whether we could have updated appraisals. City Attorney Cherof explained that as part of the eminent domain proceedings, there would be updates of the appraisals. James Miriana, 728 N.E. 8u' Avenue, said that he accepted the offer from the City on his property because he thought it was a fair offer. He could not see any reason to hold up this project since the stormwater retention is badly needed. Assistant City Manager Sugerman explained that this is a stormwater program. They would also be replacing water lines and putting in park amenities. Under the Clean Water Act, the City must control stormwater. The City is under an obligation to capture stormwater and clean it up before it goes into the :[ntracoastal Waterway. Meeting Minutes Regular City Commission Bovnton Beach, Florida March 18, 200:~ Commissioner Weiland said that Bob Brown bought these properties a long time ago and has worked a long, long time to gain permits to build on his property. Commissioner Weiland also said that he does not want to hold up the project either. Assistant City Manager Sugerman informed the Commission that the property that the City wants to acquire from IVlr. Brown has been owned by him for less than two years. Motion Vice Mayor Ferguson moved to table item F until the April 1~t Commission meeting. Motion was seconded by Commissioner McCray. Since Commissioner Weiland will not be at the meeting on April Ist, he requested that the item be tabled until the second Commission meeting in April. The motion and second were so amended and carried unanimously. VI. CODE COMPLIANCE & LEGAL SETTLEMENTS: None VII. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS Trent Ward, 3102 Palm Drive, spoke regarding Barcelona Precast. He thanked the City for taking action against them and is now asking that the City close this operation permanently. [t is creating carcinogenic materials, it was built without permits and is not within the code. He distributed a packet listing violations issued by the County on the property. This is marked Exhibit "A' and is on file in the office of the City Clerk. The owner is a chronic violator and has had no license to operate in the City since 1998. Operations continue there seven days a week and he inquired why the cease and desist order was not being enforced. He said that there were many residents of Tradewinds here tonight asking that this business be closed permanently. Anne Centi commended the Commission for their decision to return the Holiday Parade eastward and their active interest in upgrading the CRA areas. However, she took issue that at the last Commission meeting citizens of Golfview Harbour were labeled as a special interest group when only two weeks prior to that the Commission accepted a petition for two separate developments from a group of citizens on Congress Avenue. She wondered why the Commission had changed its policy. Mayor Broening commented that there was nothing wrong with special interest groups. 15 Meeting Minutes Regular City Commission Bovnton Beach, FlQrida March 18, 200~ Thomas Trabulsy, 3117 Palm Drive, expressed his concern for the children living in the neighborhood near Barcelona Precast because of the fumes that are produced. He understands that they are carcinogens. Robert Holechek, 3103 Palm Drive, said that he is in a similar industry as Barcelona Precast and he went through an environmental review for the City. Barcelona Precast is required to have an environmental review. Mr. Holechek was told that the EPA could not go after Barcelona Precast because they have no occupational license. He requested that the Commission do something about this. Herb Suss supports the gentlemen regarding Barcelona Precast. Mr. Suss said that he is taking a CERT program through the Fire Department and it is a wonderful program. Regarding another issue, he felt that the infrastructure (water and parking) was missing for projects in the downtown area. Carl Terwilliger, 5782 Ranches Road, Lake Worth, spoke regarding the 40-acre preserve at Quantum Park. ~[t is a very old scrub habitat and includes plants that grow nowhere else. This habitat was supposed to be preserved and is in need of better maintenance by Quantum Park. He also requested that the City talk to some of the landowners at Quantum Park regarding lowering their prices so that Palm Beach County could purchase some of the property to use as a preserve. Bob Brown said that he has an environmental permit from the State and the City to clear the road right-of-way in the Lake Addition to Boynton subdivision. He cleared the area and is requesting that the City pick up the limbs. Alternatively, he could load the debris on his lot and burn it but he would need a special burn permit from the Commission. He asked that the Public Works Department pick up the debris or that the City give him a burn permit. City Manager Bressner stated that his preference would be hauling the debris away rather than burning it. He will review the environmental permit first and said that the City would work with Mr. Brown. Vice Mayor Ferguson requested that City Attorney Cherof comment on the status of Barcelona Precast. City Attorney Cherof explained that the City, at the Commission's direction, filed a temporary and permanent injunction against the business being conducted on the property. He asked the court to expedite the hearing on the case by requesting a case management conference. He also suggested a number of deadlines that the court could impose on the parties to complete the discovery so that the case could get to trial in a much quicker manner than most cases. The court agreed and entered an order in February. City Attorney Cherof took a deposition from the property owner and served a 16 MeeUng Minutes Regular City Commission Bovnton Beach, Flgrida March 18, 200R request to the owner to produce documents. He reported that we are ahead of the pace set by the court to get the case to trial and if we are successful, the business will be shut down. Mayor Broening asked whether the Health Department has been involved since there may be carcinogens and fumes. City Attorney Cherof reported that the Health Department has been there and has taken a number of corrective actions. The issue of the fumes and their effect on the residents has been raised in the lawsuit and he intends to offer proof. Larry Finkelstein, 114 N. Federal Highway, wanted to set the record straight regarding a recent newspaper article entitled Boynton Ct~4 Chair privately brokered a proje~ He explained that all brokerage sales are brokered privately. There is nothing to hide. He was a broker in a real estate transaction and broke no rules - legal, ethical, or moral. There were no special privileges conferred on the buyer because of Mr. Finkelstein's position as CRA Chair and there is no conflict. When the new property owner comes before the CRA Board, which has not happened yet, his transaction is over and he would have no financial benefit depending on the outcome of any request of the Board. The newspaper reported that during a March 8th CRA workshop on downtown development, he did not disclose his role in the purchase of the waterfront property. No such disclosure was required or warranted. Throughout this process, Mr. Finkelstein sought the advice of both the Board Attorney and the City Attorney and was told that no conflict exists. A recess was declared at 8:35 and the meeting resumed at 8:47 p.m. VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Gateway Plaza (COUS 02-005) ('TABLED BY CITY COMM.r$$ZOH TO MARCH .~, 2003) Agent: H. Burton Smith, P.E. Owner: KWB Charitable Trust Location: Lot 91 - Quantum Park P:[D (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park P~[D) Description: Request for conditional use/site plan approval for a gas station, convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel 17 Meeting Minutes Regular City Commission Bovnton Beach, FI0rid~ March 18, 2003 Motion Vice Mayor Ferguson made a motion to remove Ttem A from the table. Commissioner McKoy seconded the motion that carried unanimously. Motion Vice Mayor Ferguson moved to re-table Item A. Motion was seconded by Commissioner Weiland. Motion and second were amended to table until April 15th and the motion was carried unanimously. B. Project: Schnars Business Center (ABAN 02-003) (Tabled to I~arcb 28, 2003) Agent: .leffrey T. $chnars, Schnars Engineering Corp. Owner: Ruth T. Dolly Location: 924 North Federal Highway Description:Request for abandonment of the 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton, and the replacement with a utility easement Motion Commissioner McCray made a motion to remove Ttem B from the table. Vice Mayor Ferguson seconded the motion that carried unanimously. City Attorney Cherof reported that the property owners resolved the reversiona~ interest issue to the City's satisfaction and they are prepared to undertake and provide any defense of the reversiona~ interest issue if it is raised by a third party. The letter from their attorney was presented as part of the record. It is labeled "Exhibit B' and is on file in the office of the City Clerk. Mike Rumpf, Planning & Zoning Director, presented the case for the City. The subject request for abandonment is a portion of an alley located between N.E. 8th and N.E. 9th Avenues. This proposed abandonment is in connection with a site plan approved on Februa~ 18th and ordinances on the agenda tonight. The properties are under a purchase agreement and are intended to facilitate an office project. The 20-foot alley segment will be converted to a utility easement and there will be no construction over the future easement. Staff recommends approval subject to staff comments summarized in this presentation. Motion Vice Mayor Ferguson moved to approve. Commissioner Weiland seconded the motion that carried unanimously. C. Project: Beck's Towing & Recovery (LUAR 03-00) Agent: Carl A. Cascio, P.A. 18 Meeting Minutes Regular City Commission Bovnt~n Be~ch, Flprida March 18, 2003 Owner: Custom Property Services, Inc. (Contract Pending) Location: 410 NE 5th Avenue Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Industrial (I); and Request to rezone subject property from C-4 General Commercial to M-! Industrial Upon learning that the applicant had left the meeting, it was the consensus of the Commission to postpone this case to later in the meeting to allow the applicant time to return to the meeting, TX, C:~TY MANAGER'S REPORT: None X. FUTURE AGENDA ZTEMS: A. Review revocation of the license agreement between the City of Boynton Beach and Jordan Wrecker Service (April 1, 2003) Commissioner Weiland requested that the discussion regarding the license agreement for 3ordan Wrecker Service be postponed until April 15th since he will be out of the country on April :[st. Dale Sugerman, Assistant City Manager, explained that the April 1st Commission date was prior to the 90-day expiration of the agreement. He does not believe it would be a problem to delay this item. However, he will be on vacation on April 15th and suggested that the Commission extend the date for the implementation of the revocation to May 15th and go to the Commission the first meeting in May. B. Update on Heart of Boynton Project (April 1, 2003) C. Authorize and approve the Scope of Services for the 2003-04 Fire Assessment Work Plan with Government Services Group, Inc. at a cost not to exceed $20,000 (April I or April 15, 2003) D. Workshop regarding Cemetery options and proposal by Cemetery Board to expand cemetery west into Little League Park (Summer 2003) 19 Meeting Minutes Regular City Commission Bovnton Bepch, FIQrida M~rch 18, 2003 E. Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Inc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) F. FRA Whistle Ban - Report (TBA) - Delayed due to Federal Railway Administration Delay in Rulemaking XI. NEW BUSTNESS: A. Discussion of Community Redevelopment Agency Mayor Broening explained that he had requested that this item be placed on the agenda. He felt that it was a good time to review where we are. The City Commission still has oversight over the CRA and still has appointment authority and ratification authority over CRA items. He personally thanked the CRA members for serving on this vital board. Mayor Broening thought that they did a tremendous job. From 1983 to 200:L when the CRA became independent, the 'I-iF (Tax :[ncrement Financing) was about $800,000. Since then, there has been a tremendous success in the downtown and the marina, etc. They deserve our congratulations and their recommendations and advice are invaluable. Commissioner McKoy commented that anyone who takes on this responsibility needs to be commended for their actions. :It was the consensus of the Commission that it would be beneficial to have a joint workshop with the CRA. This would give staff and the Board firm direction. After some discussion on a date for the workshop, it was the decision to have the City Manager's office schedule a date and time. C. Project: Beck's Towing & Recovery (LUAR 03-00) Agent: Carl A. Cascio, P.A. Owner: Custom Property Services, :[nc. (Contract Pending) Location: 410 NE 5th Avenue Description: Request to amend the Comprehensive Plan Future Land Use Map from General Commercial (GC) to :[ndustrial (:[); and Request to rezone subject property from C-4 General Commercial to M-1 ~[ndustrial (Postponed earl/er in the meeting) 2O Meeting Minutes Regular City Commission Bovnton Beach, Flcrid~ March 18, 2003 Steve Beck returned to the Commission Chambers and was sworn in by City Attorney Cherof. Mike Rumpf, Planning & Zoning Director, presented the project. It is a request to reclassify approximately 1/2 acre of property from general commercial to industrial and rezone it to accommodate the relocation of the Beck's Towing business. The request represents a shifting of the industrial boundaries westward to include three parcels originally developed as one. The request will increase the potential options for industrial uses, particularly at a time when there has been a reduction in industrial lands elsewhere in the City. The proposed request is consistent with the general land use plan as recommended in the Heart of Boynton Plan. The amount of land designated for industrial uses is very limited, particularly east of 1-95. Staff recommends approval. Notion Commissioner McCray moved to approve Item C. Commissioner Weiland seconded the motion that carried unanimously. X:[:[, LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 03-005 Re: Amending the Comprehensive Plan Future Land Use Map from General Commercial (GC) to Nixed Use (MX)(Schnars Business Center) City Attorney Cherof read proposed Ordinance No. 03-005 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-005. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 03-008 Re: Amending the Comprehensive Plan Future Land Use Nap from Local Retail Commercial to Special High Density Residential (20 du/ac) (Coastal Bay Colony) City Attorney Cherof read proposed Ordinance No. 03-008 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-008. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 21 Meeting Minutes Regular City Commission Bovnton Beach, Florida March 18, 200~ 3. Proposed Ordinance No. 03-009 Re: Rezoning from C-2 Neighborhood Commercial and C-3 Community Commercial to Thrill Planned Unit Development (]:PUD) for 65 fee- simple townhouse units on 4.34 acres (Coastal Bay Colony) City Attorney Cherof read proposed Ordinance No. 03-009 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-009. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - :Lst Reading 1. Proposed Ordinance No. 03-006 Re: Rezoning from C-4 Community Commercial and R-1-A Single Family Residential to Mixed Use Low (MU-L) for an 8,754-square foot office/retail building on 0.52 acres (Schnars Business Center) City Attorney Cherof read proposed Ordinance No. 03-006 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-006. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 03-007 Re: Abandonment of a 20-foot alley lying between Lot 20 and Lots 21 through 23 in Block 4, Lake Addition to Boynton (Tabled to Harch 18~ 2003) Motion Commissioner McCray made a motion to remove this item from the table. Vice Mayor Ferguson seconded the motion that carried unanimously. City Attorney Cherof read proposed Ordinance No. 03-007 by title only. Motion Commissioner Weiland moved to approve proposed Ordinance No. 03-007. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 22 Meeting Minutes Regular City Commission Bovnt0n Beach, Florida March 18, 2003 3. Proposed Ordinance No. 03-010 Re: Amending Land Development Regulations Chapter 2, Zoning, Sections 6(a), 6(b), 6(c), 6(d), and 11.O to restrict self-storage facilities to the M- 1 Industrial zoning district; to amend the supplement regulations governing SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district; and to include both Limited-Access Self-Storage and Multi-Access Self-Storage uses in the definition of SELF SERVICE STORAGE FACILITIES (MINI- WAREHOUSES) City Attorney Cherof read proposed Ordinance No. 03-010 by title only. Vice Mayor Ferguson questioned whether there was an application for a self-storage facility that resulted in this ordinance. Mike Rumpf, Planning & Zoning Director, reported that this was not project specific. It was a housecleaning measure as well as a measure to address the possibility of such uses in the downtown area where the C-4 zoning district exists. The way it was originally codified to allow self-storage facilities within the C-1 zoning district would not limit them to only the C-1 district. It would allow them in all commercial districts and that was not the original intent. Mayor Broening commented that there is a need for self-storage and he sees it as a neighborhood commercial operation. Since staff and the boards (Planning & Development Board and the CRA) support this, he is wiling to go along with them; however, he has some personal discomfort with this ordinance. He felt that there were some designs for self-storage that fit well in neighborhood commercial districts. Hotion Vice Mayor Ferguson moved to approve proposed Ordinance No. 03-010. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: 1. Proposed Resolution No, R03-046 Re: Declaring the public necessity of acquiring three parcels of property for the purpose of acquiring right-of-way to expand Boynton Beach Boulevard and to implement the proposed Boynton Beach Boulevard Promenade and Riverwalk Project within the City of Boynton Beach City Attorney Cherof read proposed Resolution No. R03-046 by title only. 23 Meeting Minutes Regular City Commission Bovnton Beach, FIQrida March 18, 2003 Vice Mayor Ferguson asked what the appraisals and offers were. City Attorney Cherof said that there is still another round of negotiations and he would provide a report by the next meeting. Motion Commissioner IVlcKoy moved to approve proposed Resolution No. R03-046. Commissioner McCray seconded the motion that carried unanimously. D. Other: None XIII, UNFINISHED BUSINESS: None XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 9:23 p.m. C1TYO OYNT BE H ~y~)r , " ~ ~-'"""- ATTEST: ~---~---~.~ Deputy City Clerk Commissioner 24 ~F_~in th._~_ln?.rm.atinion called for below and fi.e to the City Cier~l~l~b~-~""t~e ,t~rt~oi~g~it~ , Addrea8 Telephone, G~*'--~t X'9 # ~ 2~ Summary of Maker to be Ad~d - lOne topic per c~d) ==-e:-_---_s to &~al my dec~n made by the City Commbalon with reepoct to any matter considered at tlLb meeffnf, he/the will need · record of the pr~ceedin~u and, for such purpo~, he/die may need to ensure that a verbeffm record of the proceedtnf8 ts made, which record lnclude8 the teetimony end evidence upon wlLfeh the appeal ts to be based. (F.8. 286.0106) The City shall famish appropr4ats auxiliory aids and servleco whore neeesear7 to afford an individual with a disability an equal opportunity to porticipate in and enjoy the benefits of · se~dce, profram, or activity conducted by the City. Please contact doyco Ccotallo, (S61) 742-6013 at lent twenty-four houra prior to the pro,ram or activity in order for the city to rmmonaMy accommodate your request. Fill in the information called for below and five to the City Clerk prior to the start of the City Commission Meet~ng. Name Telephone, ~7~, Afen 0.~ ~ Summary of Matter to be Addressed -(O~fe topic per card) ~ ~ If a person decidee to appeal any decialon made by tho City Commission with reepect to any matter considered et fiLlS meeting, he/eho will need a record of the proeeedinfa and, for ouch purpose, he/the may need to oneure that · verbatim record of the proceedinf8 ts made, which record includes the testimony and evidence upon which the appeal ts to be brad. (F.8. 286.0106) The City shall famish appropriate auxiliary aide and services where ucceeeery to afford an individual with a dbabtlity an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by tho City. Please contact ,royce Coatello, (S61) 74:3-6013 at lent twenty-four hours prior to the profram or activity tn order for the city to reasonably acco,---odate your request. Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Telephone # ~ ~ ~- 0 ~ ~ ~ //// Agenda, T~J~_./ ~ Summary of Matter to be A. ddreased - (O~e topic per card) If · person dectdee to appeal any decision made by the City Conunisalon with reepee~ to any matter co·sAd·red at thio mee~n.-, he/oh· will need · record of the pooceedinp and, for ouch purpoee, ho/she my need to eucm that · verbatim record of the proceedingu ia rode, which record includes the testimony and evidence upon which the ·ppeal is to be based. (F.8. 286.0106) Tho City shall furnish appropriate ·radii·fy aids and nrvicee where uccneazy to afbrd an individual with · disability an equal opportunity to participate in and enjoy the benefit· of · eerviee, p~ogram, or activity conducted by the City. Please contact Joyco Co·tell·, (S61) 7426013 at lent twenty*four hours prior to the program or activity in order for the city to reason·My ·©co,nm·dote pour requeot- Q BOYNTON BEACH crrY COMMISSION MEETING ~~ FUBLIC COMMENT CARD AGENDA ITEMS ~ Fill in the information called for below and give to the City Clerk prior to the start of the City Telephone# ~ Agenda# ~ d ~ Summary 0~~, r to b~e~dre_ssed -~ne to, pie per card) If a ~the City Commisalon with reopect to any matter considered at this meetly.-, he/eh· will need a record or the Imoceedinsu and, for ouch purpose, he/She my need to ·nam that · verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.8. 286.010~) The City shall furnish appropriate au~ aide and eervtcee where noceeee~y to afford an individual with a dinbflity an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyco Cos·ell·, (S61) 7426013 at lent twenty-four hours prior to the program or activity in order for the city to reuonshly accommodate your request. Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk start of the City Commission Meeting. Name ,~~ ~ ~ ~ ~ Address Telephone# Summary of Matter to be - topic per card} If st ~,~-_~_~ dec!d-_-_ to april any ds~ion made by the City Conuni~lon with respect to any matter considered at this meting, he/she will need a record of the proceedinf, and, for such purpoas, he/She my need to ensure that · verbatim record of the pruceedinsu is made, which record includes the testimony and evidence upon which the appeal is to b~ b~d. ~.8. 286.0106) The City shall furnish appropriate atudlhry aids and esrvicee where nec·as·fy to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of · service, profrem, or activity conducted by the City. Plem contact Joyco Costello, (S61) 742~013 at least twenty-four hours prior to the prowrem or activity in order for the city to reasonably acco,~*~odate your request. PUBLIC COMM~,R? CA.RD MEBTm'G ~_. AGENDA ITEMS Fill in the information called for below and give to the City to the start of the City Commission Meeting. Name ~£c~ ,~ ~--~-~c~z.~/~- Address ~ ~ ~ //L/~r Telephone # ~-* · Summary of Matter to be ~ topic per card) If · parson dseidee to appeal any decision made by the City Commission with respect to any matter co·aid·red ·t thio meeting, he/~he will need · record of the proceedinss and, for ouch purpose, he/She may need to ensure that · vurhetim record of the proceedings is made, which record includes the testimony and evidence upon which the fpp·al is to bo baaed. (1P.8. 286.olo~) The City shall famish ·ppropriats ·mdliory aids and es·rices where necoasary to afford an individual with a dbshillty an equal opportunity to participate in end enjoy the benefits of a esrvice, pro83mn, or activity conducted by the City. Please contact JoFce CesteLlo, (S61) 742~13 at it·st twenty-four hours prior to the pro,rem or activity in order for the city to reasonably accommodate your requeet. AGENDA ITEMS ~ Ma~er ~ ~ A~ [One topic per Zf a pe~lOal dec,lei tO ail~4~ i~y da4dedo~ made by the ~ ~n with respect to ~ m~ ~md at ~ ~-g, ~/~e ' ~ ~q~ ~ ~m ~ for ~mpo~t mes~e ~ / BOYNTON B__EA__C_H CITY COMMISSION MEETING ~UBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fffi in the information called for below and the City Clerk prior to the start of the City Commission Meeting. Name Address Summa,r~< of Matte~- to be topic per card} _ -- If a ~n decides to ap~ ~y dechlon made by the Ci~ Comm~lon wt~ relict to any m~er co~tdered at ~ mee~, he/she w~ need a record of ~e proceed~go and, for such p~, he/she my need to en8m ~at a ~rbat~ record of ~e pMceed~g8 ~ made, which record ~cludeo ~e test~ony and e~dence u~n which the ap~ ~ to be brad. (F.S. 286.0105) The Ci~ oh~ ~ approp~te a~ aids and se~ce8 where necem~ ~ a~ord an ~di~d~ ~ a dbab~ an eq~ op~f~ to P~ipate ~ and enjoy ~e ~nefl~ of a 8e~ce r Coste~o, (561) 742-6013 at least ~en~-fo~ ~ ........... ' p o~am, or acti~ conducted by ~e Cf~. ~eaM con.ct Joyce yo~ request. -- ~-~ p~or ~o ~ne pro.am or acfl~ ~ order for the ci~ to ~aM~bly acco~odate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info~i..ation called for below and give Commission Meeting. ~ ~-, to the City Clerk prior to the start of the City Name /~J / I~J~ ~_~ '/-~L~. ~ /' ~~~-~'. Address ,/ ~ C ~-~' ~_/~/~ ~~ Summa~ of Matter to~e Ad~2ed- ,~t:p,c per card, If a ~raon decides to appeal any decision made by the City Commission with respect to any matter considered at th~ meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be ba~ed. (F.S. 286.0105) The City shall fiLrnish appropriate auxiliary aids and services where necemry to afford an individual with s disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Telephone , 3 ~ q ~---0 ~"~, Summary of Matter to be Addressed -/(O/ne t~c per card) If a pereon decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedingu is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necemry to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742.6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address '~ / ~ ~ i0,~ ~- ~'~ ~ i~ J Telephone, -~3~-[_J~ {~Y /// . Summary of Matter to be~tddres~d- (One topic per card} If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinf, he/she will need a record of the proceedinfs and, for such purpose, he/she may need to ensure that a verlmtim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.8. 286.olos) The City shall furnish appropriate auxiliary aids and services where necenary to afford an individual with a di~btllty &u equal opportunity to participate in and enjoy the benefits of a service, pro~ram, or activity conducted by the City. Please contact Joyce Costello, (S61) 742-6013 at least twenty-four hours prior to the prosram or activity in order for the city to reasonably accom,~odate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disabLlity an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info~.ation called for below and give to the City Clerk prior to the start of the City Commission Meeting. t"// . Summary of Matter to belAddre~~- (One topic per card) If a person decidee to appeal any decision made by.~ie City Commission with raspect to any matter considered at this meeting, he/ehe will need a record of the proceedings and, for such purpo~, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the tsatimony and evidence upon which the appeal is to be based. (P.S. 286.0105! The City shall furnish appropriate auxiliary aida and eer~ices where necessary to afford an individual with a disability an equal opportun/ty to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Plea~ contact JoFce Coatello, 1561! 742-6013 at least twenty-four hours prior to the pro,ram or activity in order for the city to r~asonably your request. vat,lC COMMENT CARD FOR ITEMS NOT_ ON THE AGENDA - PUBLIC AUDIENCE ommission~n~ill in the information called for below and give to the City Clerk prior to the start of the City Name ~~ ~:~~ /~ Pelephone ~ ~~ a per~n decides to ap~al any decision made by the Cl~ Co~ion wi~ respect to any matter considered at this meeting, he/she ~1 need a record of the proceeders and, for such P~se, he/she may need to ensue that a verbat~ record of the proceed~gs adc, which record ~cludes the test~ony and e~dence u~n which the appe~ ~ to be based. (F.~. 286.0105} ~e City sh~ ~h appropr~ts a~ aids and se~ces where nece~ to afford an ~dl~d~l with a d~ab~lty an equal ~portuntty to Pa~lcipate ~ and enjo the ~s~e~o, ~561~ 742-6013 at least ._~_ ~ benefits ~f a se~ce, pro,ram or actt~ request. ~--.~-~o~ ho~s nr~o- ~ --- ' conducted by ~e Ct~. ~ease contact Joyce r - -- ~ program or acti~ ~ order for the city to reasonably O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # Summary of Matter to be A~dressedff~ eO~topic per card} If a ~on decides to appeal any decision made by the City Comm~Mion with respect to any matter considered at this meefl,,;, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561~ 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMI~ION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the City Clerk prior to the start of the City Commission Meeting. Telephone # A~nda #~]~ ,ummary -~One per card, ~ ~ > ,~2 / 7 Q ao~urroN a__~cH crrv co~ssxoN MZm'mo ~ ~L~C co~sv c~ // ~/~ ~ Ad~e~ Telephone 9 ~en ..... Summ~ of Matter to be Addend . {One topic per c~d) ~ ~ ~ ~ ~~hande ~ ~ ~ ~ h~d~ ~ O BOYSTON B__EACH crrv comfmmoN PUBLIC CO~ C~ ~ o ~ Ci~ Cl~rk prior to Name Ad~en Telephone ~ ~en~ Summ~ of Matter to be Adbmd - (One topic per c~d) ~ a ~mn decMu ~ ap~ ~y deebkn rode ~ ~ Cl~ ~~n ~ m~ot ~ uy m~ ~o~d tt ~hl~ mee~, he/ob ~ need a ~ of ~e ~~ ~d, for s~h ~M, he/~e my n~d rode, w~h ~eord hd~u ~e tunny ~d e~enee u~n w~ch ~ ~ h ~ ~ ~d. ~.8. 286.01~) op~~ ~ ~i~te h end e~y ~e b~fl~ of a ~e, ~, or ae~ ~nducted ~ ~e Ci~. ~m ~n~ct Jo~ Coete~o, (~1) 742~13 at lent ~n~-~ ~m p~or to ~e ~m or ac~ h o~er br ~ ei~ ~ ~m~My ac~mmoda~ yo~ ~q~sL PUBLIC COMMENT CARD f~ AGENDA ITEMS ~ ' ~/ Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name L~N~-~-~t ~ p\c~- \ ~ e , ~ Telephone# ~"~- -] ~L -~-~O A~enda# )~ - ~ Summary of Matter to be Addre~ed - (One topic per card) ir t person decides to appeal any decision mede by tho City Conunimton with respect to any matter con~idered at this meeting, be/she will need · record of the proceedinfo and, for such purpose, be/she my need to ensure that · verbs·4,- record of the Prneeedlnfs b rode, which record lncludee the testimony and evidence upon which the appeal is to be based. (F.8. 286.0106J The City ·droll hrnish appropriate auxiliary tide and servicse where necomary to af~ord an individual with · disability an equal oppor~unity to lmrti~lpoto in and en~oy the benefits or · service, prejrem~ or activity conducted by the City. Please eon·oat Joyee ~ootollo, (561) 742-6013 at least ~wenty-four hours prior to the pro~lm or activity in order for the city to reasonably accommodate your request. O BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to City prior to the It·re of the City Commission Name Address Telephone# Afenda # Summary o *Matter to be d per card) If a ~r-.~. '.~ctdee to a~al any decision made by Camm/salon with to any matter considered at thio meeting, he/abe will need a record or tho procsedinfo and, for anch he/she my need that a verbatim record of the proceedinfs is made, which record includes the tsetimon] upon which the appeal fa based. (F.8. 286.0106) The City shall furnish appropriate auxiliary aids and services where neceese~y an individual with a disability an equal opportunity to participate in and enjoy the benefits of · service, pro~raxn, or activity conducted by the City. Rem contact Joyce Cos·elis, (S61! 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate Q BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the info~ation for below and give to the City Clerk prior to the start of the City Commission Meeting, Name Address / ~ '~/ Telephone # to be - ,pic per card} If a person decides to appeal any decision made by the to any matter considered at this mee~tn.-, he/she will need a record of the proceedings and, for such purpose, ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon whio! ~ppeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where neceaury to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four houre prior to the pre&ram or activity in order for the city to reasensbly accommodate your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Mobil on the Run APPLICANT'S AGENT: Lucas Anthony, P.E. with Kimley-Horn and Associates, Inc. ~C'('J'~ ' APPLICANT'S ADDRESS: 601 21st Street, Suite 400, Vero Beach, Florida 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2003 TYPE OF RELIEF SOUGHT: Request for site plan time extension for the gas station, fueling positions, and carwash facility. LOCATION OF PROPERTY: 2605 West Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 ,,~ 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby ~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the erty shall be made in accordance with the terms and conditions of this orde 7. Other DATED: ~ -,=~ I- o .~ City Clerk S:\Planning\SHARED\WP\PROJECTS\Mobil Woolbdght & Congress 2001 2002\SPTE 02-005\DO.doc :Location Map Mobil On The Run ~×~'~'~-"^" SITE 400 0 400 800 12¢0 Feet ::~PT.". 2~dIOOlsp d'. avout! I ! -] :,L , ' ~ ,, ,, ,~ ~,~ .... ~.~ ~-- ~. , , , ~I , · ~- ;- ~ -~- ~ S.~'OTW. ~ :~ i~' ~' -T:-~-FZ-~--~ ..... ~ ] ,:{ CONGRESS AVENUE cee e ~ ,,.~ ~_ ............................. I~:I il .......... i ,, ~; ....... l,:,': EXHIBIT "C" Conditions of Approval Project name: Mobil on the Run File number: SPTE 02-005 Reference: Site Plan Time Extension DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. Applicant must submit a request to Palm Beach County Traffic Engineering X requesting an extension to the "Build-out Year" to 2004 for concurrency Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT approval. Approval must be obtained prior to issuance of a building permit. I I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 2. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined. ~.~ ~D S:\Planning\Shared\Wp\Projects\Mobil Woolbfight & Congress 2001 2002\SPTE 02-005\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Homrich Variance (Holly Variance ZNCV 03-001) APPLICANT'S AGENT: George Homrich APPLICANT'S ADDRESS: 501 N.E. 3rd Street, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2003 TYPE OF RELIEF SOUGHT: Minimum lot frontage and side setbacks variance required LOCATION OF PROPERTY: 133 N.E. 4th Avenue, Boynton Beach, FL DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby X GRANTED Lot frontage variance (see cover letter dated 3~25~03) X DENIED (side setback - (see cover letter dated 3/25/03) 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 ~ ! S:\Planning\SHARED\WP\PROj EOTS\Holiv V ~~v~:~t~ Clerk (Holly Variance XNCV 03 00'1).do~' .Order Revised Homrich Variance Location Map EXHIBIT "A" Holly Variance _ NE 5TH AV~ 200 0 200 400 Feet s EXHIBIT "B" EXHIBIT "D" FLOOR PLAN T1E, SF. TOTAL: t~22 EXHIBIT "D" EXHIBIT "D" EXHIBIT "E" Responses to questions on variance application #5, A-F A. The lot is thin (50 ft.) B. This lot was originally 50 ft. and has not been changed by applicant. C. Currently, there are other properties within the area that do not have a I 0 ft. set-back. D. The interpretation of the provisions of this chapter currently conflict with the design of older houses in the area. E. We are asking for an additional five (5) ft. in order to construct a 35 ft. wide house, increasing curb appeal. F. In no way will granting this variance negatively effect the appearance or use of this property or the others sun'ounding it. EXHIBIT "F" Conditions of Approval Project name: Holly Variances File number: ZNCV 03-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Commenm: None X PARKS AND RECREATION Commen~s: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~a~ s 5Planning\SHARED\WP\PROJECTS~Iolly Variances\COA.doc J:\SHRDATA\PLANNING\SHARED\WP\FORMS\BLANKS FORMS \COND. Of APPROVAL Dufour 04-24-01 .DOC The City of Bo lnton Beach DEVELOPMENT DEPARTMENT O PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 ~ Boynton Beach, Florida 334.25-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org March 25, 2003 Mr. George Homrich 501 N.E. 3rd Street Boynton Beach, Florida 33425 Re: Code Variance For: Holly Variance (Homrich Variance) File No. ZNCV 03-001 Location: 133 N.E. 4th Avenue Dear Mr. Homrich: Enclosed is the City of Boynton Beach Development Order for application item ZNCV 03-001 which represents approval for request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a and 5.E.2.a requiring sixty (60) foot minimum lot frontage to allow a ten (10) foot variance, resulting in a fifty (50) foot lot frontage for a single family house within a R-2 zoning district for the Holly Variance, located at 133 N.E. 4th Avenue. However, the request for relief from Chapter 2, Zoning, Section 5.F.2.a. requiring a minimum side yard set back of ten (10) feet to allow for a variance of 2.5 feet and a side setback of 7.5 feet on each side for a single-family home within the R-2 zoning district, was denied. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742- 6260. Sincerely, ~ Michael W. Rumpf Director of Planning & Zoning HWR:ad Attachment: Development Order Conditions of Approval S:\PIanning\SHARED\WP\PROJECTS\Holly Variance\Approval form letter after CC new.rtl DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~:V, CITY OF BOYNTON BEACH, FLORIDA 'P~ ,Z,, PROJECT NAME: Motorola PID APPLICANT'S AGENT: R. Duke Woodson, Foley and Lardner AGENT'S ADDRESS: 111 North Orange Avenue, Suite 1800 Orlando, FL 32801 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 18, 2003 TYPE OF RELIEF SOUGHT: Request use approval for a list of permitted uses for the Motorola PID LOCATION OF PROPERTY: Southeast corner of Gateway Boulevard and Congress Avenue DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 ~ 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development onp~lbethe made in accordance with the terms and conditions of this order ~o¥#/'o4,e.~ 7. Other S:~Planning~Shared~Wp~Projec~Motorola DRRUSAP 03-001XD~ity Clerk Location Map MOTOROLA P.I.D. EXHIBIT "A" ,,,,.,, ...:~.--,.... t QUANTUM PARK , PID ,- '" ' 1600 F~t w~ ~ aO0 EXHIBIT "B" 42D Boynton Beach Code review shall be in writing and filed with the City Clerk provided, however, that any use or process that would '"-" within five (5) business days following issuance of the be subject to a minimum distance requirement under order. No development order shall be final until Section 8.A.2., would require an environmental expiration of the five (5) day request for review period review permit under Section 8.A.3., would require if no request for review is made, or the City conditional use approval under Section 8.A.4., or Commission's disposition of the matter if a request for would be prohibited under Section 8.A.5. shall fully review is made. comply with the provisions of those sections, where applicable. No distance requirement other than 8. The City Commission shall conduct a district setback regulations shall apply for the quasi-judicial review at a public hearing within 30 following uses: business days of the filing of the request for review. Following review, the City Commission shall: a. Manufacturing, fabrication, and processing as follows: a. Approve the Development Order, or (1) Bakery products. b. Modify the Development Order, or (2) Ice and dry ice. c. Deny the Development Order. The decision of the Commission shall be treated as final at (3) Textile products, apparel, and the conclusion of the voice vote on the agenda item clothing accessories, manufactured from purchased under consideration, notwithstanding later issuance of fabric and materials, excluding spinning, weaving, a written order. The minutes of the Commission knitting, dyeing, or treating of textile mill products. meeting shall be conclusive evidence of the action of the Commission. Review of final action by the (4) Sailmaking and canvas goods, Commission shall be by Writ of Certiorari to the including retail sale of goods manufactured on " Circuit Court. premises. 9. Expiration of approved plans. Approved (5) Leather cutting and stamping; Master Site Plans as described herein shall remain valid fabricated leather products. indefinitely. Approved Technical Site Plans shall remain valid for a period of two (2) years pursuant to (6) Furniture, cabinets, and wood the terms listed in Chapter 4, Section 5. fixtures, with gross floor area of shop not greater than (Ord. No. 96-51, § 4, 1-21-97; Ord. No. 00-03, §§ 1, two thousand (2,000) square feet. 2, 3-21-00; Ord. No. 00-52, § 1, 10-17-00; Ord. No. 02-017, § 1, 4-16-02; Ord. No. 02-033, §§ 3, 4, (7) Blind, shutter, shade, and 8-20-02) awning fabrication from wood, plastic, fabric, canvas, or finished metal pieces. Sec. 8. M-1 industrial district regulations and use (8) Converted paper and provisions, paperboard products, limited to cutting, stamping, folding, laminating, lining, coating, and treating of A. M-1 INDUSTRIAL DISTRICT. purchased paper, paperboard, foil, sheet, or film materials. 1. Permitted uses, no distance requirement. Within any M-1 industrial district, no building, (9) Stone cutting and finishing. structure, land or water, or any part thereof shall be erected, altered or used, in whole or in part, for other (10) Statuary, ornaments, and art than one or more of the following specified uses; goods. '~.~ 2002 S- 18 EXHIBIT "B" Zoning 42E (11) Glass and glass products, premises, unless specifically allowed in accordance with Sections 8.A. 1., $.A.2., 8.A.3., or 8.A.4. (12) Ceramic, pottery, and porcelain products, using only previously pulverized (3) Furniture and antique clay, and using kilns fired only by electricity or gas. upholstery, covering, and repairing. (13) Investment casting. (4) Steam and pressure cleaning services. (14) Machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and materials. (15) Electrical and electronic goods, limited to assembly of parts and materials. (16) Plastics, rubber, or fiberglass products, limited to cutting and assembly of parts and materials. (17) Precision instruments, optical equipment, photographic equipment, and clockwork devices. (18) Medical and dental equipment. (19) Household goods and other .small items such as jewelry, lapidary goods, personal articles, toys, amusement devices, sporting goods, musical instruments; stationary, office, and art supplies; advertising specialties, novelties, ornaments, notions, cookware, and flatware. (20) Fruit packing and shipping. (21) Artist and craftsman shops, excluding retail display or sales on premises. b. Commercial services as follows: (I) Industrial, commercial, office and professional equipment; service, repair, and rebuilding, excluding uses specifically prohibited in Section 8. A. 5. (2) Household goods; service, repair, and rebuilding, excluding display or sale of any new, used, or rebuilt merchandise at retail on 2001 S-15 EXHIBIT "B" Zoning 43 (5) Septic tank, sewer, and drain (2) Industrial, commercial, office, cleaning and repair services, excluding storage, professional, and business machinery, equipment, treatment, transfer, dumping, or disposal of waste on fixtures, tools, and supplies, excluding uses premises, provided that trucks used for the transport specifically prohibited in Section 8.A.5. of waste shall be parked and stored in conformance with the minimum distance requirement specified in (3) Household goods; storage, Section 8.A.2. wholesale and distribution only; retail display or sales shall be prohibited unless specifically allowed in (6) Packaging and labeling accordance with Sections 8.A.l., 8.A.2., 8.A.3., or services, excluding handling of materials prohibited in 8.A.4. Section 8.A.5. (4) Building materials, home (7) Lawn, garden, and tree improvement stores, lumber, door and window maintenance services; landscaping contractors, hardware, shades, shutters, blinds, and awnings; fencing, roofing, flooring, carpeting, tile, hardware, (8) Recording and motion picture tools, paint, wallpaper, shelving, cabinets, furniture, studios, partitions, kitchen and bathroom fixtures, pools and spas, glass and mirrors, plumbing and electrical (9) Catering and food services, supplies, and the like, including retail sales. (10) Data processing services. (5) Finished concrete, brick, clay, and stone building and paving materials; sewer and (11) Research and development water pipe, and culvert; storage, distribution, laboratories, wholesale or retail sales. (12) Commercial testing (6) Pumps, generators, motors, laboratories, fire protection equipment, and irrigation equipment, including retail sales. -(13) Medical and dental laboratories. (7) Heating, cooling, ventilating, refrigeration, solar energy, water conditioning and (14) Upholstery and carPet steam heating systems and equipment, and major appliances, cleaning businesses, including retail sales. (15) Towing companies with (8) Pre-fabricatedsheds, including exterior storage, retail sale. (16) Vegetation recycling as a (9) Nurseries, greenhouses, lawn conditional use to a solid waste operating and and garden equipment, tools, and supplies, including recycling facility, retail sale. c. Storage, distribution, and (10) Monuments and gravestones, wholesale uses; retail display and sales shall be including retail sales. prohibited unless specifically allowed in Sections 8.A.l., 8.A.2.,orS.A.3. (11) Feed and farm supplies, excluding uses specifically prohibited in Section (1) Warehouses, self service 8.A.5. storage facilities (mini-warehouses) in accordance with Section I1.0 storagelockers, and cold storage, (12) Trucks, buses, farm excluding uses specifically prohibited in Section equipment, construction machinery, and utility 8.A.5. 1996 EXHIBIT "B" 44 Boynton Beach Code trailers, including retail renting and sales, e. Any commercial use which is not specifically listed as a permitted or conditional use in (13) Passenger vehicles, boats and any other zoning district, and which is not listed as a pickup trucks, excluding any retail sales or display, prohibited use in the M-1 Zoning District. and excluding the keeping of vehicles in violation of Chapter 10, Article III of the City of Boynton Beach 2. Permitted uses subject to distance Code of Ordinances. requirement. Within any M-1 industrial district, no building, structure, land, or water, or any part thereof (14) Automobile, vehicle, and boat shall be erected, altered, or used, in whole or in part pans, accessories, furnishings, and supplies; retail for any of the following uses, unless a minimum sales or display shall be prohibited as a principal use distance of three hundred (300) feet is maintained and shall be permitted only as an ac-cessory use to between the use and residential-zoned property. Said repair, service, rebuilding, or instal-lation services, distance shall be measured along a straight airline where such services lawfully exist, route from the property line of residential-zoned property to the building or portion of the lot where the (15) Mobile homes, limited to specified use is located, except that those portions of areas west of Interstate 95. the lot or structure which are located within the minimum distance may be used for lawful uses other (16) Ice and dry ice, including than the uses listed below, subject to district building retail sales, and site regulations. (17) Live fish. Any use or process that would require d. Transportation, communication, an environmental review permit under Section 8.A.3., utilities, and miscellaneous uses as follows: would require conditional use approval under Section 8.A.4., or would be prohibited under Section 8.A.5. (1) Utilities, communications shall fully comply with the provisions of those facilities, government, and public utilities shops and sections, where applicable. storage areas, police and fire stations, excluding uses specifically prohibited in Section 8.A.5. a. Manufacturing, fabrication, and processing as follows: (2) Package express and messenger service. (1) Plastic products, limited to forming of plastics materials, including compounding (3) Railroad switching yards, of resins. Establishment of such uses within the freight stations and terminals, storage facilities, and minimum distance requirement specified above shall shops, require an environmental review permit. (4) Recycling pick-up facilities for (2) Rubber products, limited to paper, glass, and cans from households, forming of rubber materials; excluding tire and innertube manufacturing and rubber reclaiming. (5) Trade and industrial schools. Establishment of such uses within the minimum distance requirement specified above shall require an (6) Radio or microwave receivers environmental review permit. or transmitting towers, as an accessory use to a lawful principal use. (3) Machine shops, welding and metalworking shops, tinsmiths, sheet metal fabrication, (7) Ambulance dispatch service, blacksmith shops; machining, stamping, cutting, joining, forging, drawing, bending, or other forming (8) Community centers, operated of metals as either a principal or accessory use. by non-profit organizations, provided that no more Establishment of such uses within the minimum than 40% of the floor space is devoted to office use. distance requirement specified above shall require an (Ord. No. 96-03, § 1, 3-19-96) environmental review permit. 2000 S-14 EXHIBIT "B" Zoning 4~A b. Other uses as follows: (I) Asphalt paving, patching, roofing, and sealcoating, excluding asphalt and tar plants. 2000 S-14 EXHIBIT "B" Zonin~ 45 (2) Building cleaning and (1) Dairy products. janitorial services; swimming pool maintenance services. Establishment of such uses within the (2) Canned, frozen, or preserved minimum distance requirement specified above shall food. require an environmental review permit. (3) Beverages and bottling. (3) Sandblasting on premises. (4) Confections. (4) Bulk storage, distribution, wholesale or retail sale of topsoil, lime, gravel, (5) Prepared meat, seafood, and limerock, shellrock, coal, minerals, crushed rock, poultry products. sand, cinders, fertilizer, and the like, limited to an accessory use to a building materials store, garden (6) All other food products, not shop, nursery, contractor, or other lawful principal specifically permitted in Section 8.A. 1. or prohibited use. in Section 8.A.5. (5) Trucking and transfer, and (7) Furniture, cabinets, and wood moving operations, fixtures, with gross floor area of shop of greater than two thousand (2,000) square feet. (6) Contractors, operative builders, and trade contractors shops and storage (8) Printing, publishing, areas. Establishment of such uses within the bookbinding, engraving, and allied industries. minimum distance requirement specified above shall require an environmental review permit. (9) Pharmaceuticals and biological products. (7) Parking or storage of trucks used for the transport of septic tank waste or other (10) Cosmetics. liquid wastes. (11) Plastics products, limited to (8) A d u I t e n t e r t a i n m e n t forming of plastics materials, including compounding establishments, in accordance with Section ll.M. of resins, where such uses would be established within the minimum distance requirement specified in 3. Uses requiring environmental review Section 8.A.2. permit. Within an M-1 industrial district, no building, structure, land, or water, or any part thereof shall be (12) Rubber products, limited to erected, altered, or used, in whole or in part, for any forming of rubber materials, and excluding tire and of the following specified uses, unless an innermbe manufacturing and rubber reclaiming, environmental review permit is secured in accordance where such uses would be established within the with the standards and procedures set forth in Section minimum distance requirement specified in Section 11.3; provided, however, that any use or process that 8.A.2. would be subject to a minimum distance requirement under Section 8.A.2., would require conditional use (13) Fiberglass fabrication and approval under Section 8.A.4., or would be repair, including fiberglass boat fabrication and prohibited under Section 8.A.5. shall fully comply repair. with the provisions of those sections, where applicable. (14) Machine shops, welding and metalworking shops, tinsmith, sheet metal fabrication, a. Manufacturing, fabrication, and and blacksmith shops; machining, stamping, cutting, processing as follows: joining, forging, drawing, bending, or other forming of metals as either a principal or accessory use, where EXHIBIT "B" 46 Boynton Beach Code such uses would be established within the minimum (7) Print shops, photographic distance requirement specified in Section 8.A.2. laboratories, commercial photography; commercial art, silkscreening, lithography, typesetting, and (15) Electrical and electronic blueprinting services. goods involving processes other than assembly of parts or materials. (8) Uniform, towel, and linen supply services; industrial launderers; laundry and (16) Vehicles, transportation dry-cleaning plants, excluding retail pickup and equipment, and boats; farm and construction drop-off on premises; carpet and rug cleaning plants. machinery. · (9) Tire recapping. (17) Mobile homes, provided that such uses shall be located west of Interstate 95. (10) Building cleaning and janitorial services and swimming pool maintenance (18) Plated ware manufacture; services, where such uses would be located within the industrial electroplating and anodizing as either a minimum distance requirement specified in Section principal or accessory use; replating shops. 8.A.2. (19) Chemical cleaning and c. Storage, distribution, wholesale, etching of metals, limited to an accessory use to a and other uses, retail display and sales shall be lawful principal use only. prohibited unless specifically permitted below or elsewhere in this section. b. Commercial services and contractors, as follows: (1) Petroleum and petroleum products, including solvents and liquified petroleum ~':' (1) Concrete contractors and gas; bulk or nonbulk storage, sales, or distribution. pumping service, excluding concrete plants. (2) Chemicals, pesticides, and (2) Contractors, operative herbicides, excluding bulk storage, bulk sales, or bulk builders, and trade contractors shops and storage distribution. areas, where such uses would be established within the minimum distance requirement specified in (3) Bulk ornonbulkwholesaleor Section 8.A.2. retail sale of solvents and cleaning preparations, including formulating of cleaning preparations for sale (3) Automobiles, buses, trucks, on premises. and other motor vehicles; construction and farm equipment; service, repair, rebuilding, and storage, (4) Industrial and medical gases; excluding the keeping of vehicles in violation of bottled or bulk storage, sales or distribution, Chapter 9, Article III, of the City of Boynton Beach excluding chlorine, fluorine, ammonia, hydrogen Code of Ordinances, and excluding automobile sulphide, sulphur dioxide, or toxic gases. service stations selling motor fuels at retail. (5) Temporary amusement parks (4) Boat storage, service, repair, and rides, fairs, carnivals, circuses, and revivals, rebuilding, and customizing, provided that all such uses shall have a minimum frontage of two hundred (200) feet on a collector or (5) Furniture cleaning, stripping, arterial road and the major access thereto, and that and refinishing, the duration of any such use shall not exceed fourteen (14) consecutive days within any one-year period. ~ . (6) Exterminating, fumigating, and disinfecting services, d. Miscellaneous uses, as follows: EXHIBIT "B" Zoning 47 (1) Any use which uses, handles, a. Manufacturing, fabrication, stores, or displays hazardous materials, or which processing, and extraction as follows: generates hazardous waste, as defined by 40 Code of Federal Regulations, Part 261. (1) Grain and feed products; crop processing. 4. Conditional uses. Within any M-i industrial district, no building, structure, land or (2) Vegetable fats and oils. water, or any part thereof shall be erected, altered, or used, in whole or part, for one or more of the (3) Distilling and brewing. following uses, unless a conditional use approval is secured according to the standards and procedures set (4) Seafood processing. forth in Section 11.2 of these zoning regulations; provided, however, that any use or process that (5) Slaughtering andrenderingof would be subject to a minimum distance requirement meat and poultry processing, and dressing, from under Section 8.A.2., would require an carcasses. environmental review permit under Section 8.A.3., or would be prohibited under Section 8.A.5., shall (6) Stockyards and feeding pens; fully comply with the provisions of those sections, keeping, raising, or slaughter of livestock, horses, or where applicable, poultry. a. Millwork and truss plants, (7) Rendering of animal or provided that such uses conform to the minimum marine fats, oils, and other products; use of distance requirement specified in Section 8.A.2. unprocessed bones, fat, hooves, horns, or other unprocessed animal products for the production of b. Commercial television, radio and glue, soap, lard, oils, or fertilizer. microwave broadcasting or relay towers. (8) Sugar processing and refining. c. Arenas, stadiums, front0ns, convention and exhibition halls, and racetracks, (9) Commercial production 'of provided that all such uses shall have a minimum field or tree crops. frontage of two hundred (200) feet on a collector or arterial road, and shall have the major access thereto. (I0) Leather tanning, curing, finishing, and coloring; storage of raw hides or skins. d. Helistops, limited to an accessory use to a lawful principal use. (11) Tobacco processing and tobacco products manufacturing. e. Cutting of sub-primal portions of meat and pre-cut poultry into serving portions (12) Weaving, spinning, knitting, including packaging and shipping where pre-cut dyeing, or treating of textile mill products. portions (entering the facility) will not exceed 10 pounds and waste generated will not exceed 1% of (13) Pulp mills; paper and pre-cut product, paperboard mills; converted paper and paperboard products not specifically permitted in Section 5. Prohibited uses. Within any M-I 8.A.l.a.(8) of these zoning regulations. industrial district, no building structure, land, or water, or any part thereof shall be erected, altered, or (14) Chemicals and allied products used, in whole or in part, for any use not specifically not specifically allowed elsewhere in this section. allowed in accordance with Sections 8.A. 1., 8.A.2., 8.A.3., or 8.A.4. of these zoning regulations, or for (15) Wood preserving, pressure any of the following expressly prohibited uses: treating, and drying. 2000 S- 12 EXHIBIT "B" 48 Boynton Beach Code (16) Fertilizer, pesticides, (31) Coal or coke fired kilns and herbicides, and agricultural chemicals, furnaces; coke ovens. (17) Explosives, ammunition, (32) Mining or quarrying, matches, and fireworks, including removal of rock, sand, muck, marl, soil, gravel, or shellrock, except as incidental or necessary (18) Petroleum refining, for construction on the premises. (19) Petroleum, asphalt, tar, and (33) Aerosol filling and packaging. coal products. (34) Liquid, oil, or chemical (20) Plastics, manufacturing of electric transformers, manufacture or rebuilding. resins, primary plastics materials, synthetic rubber, cellulose, and synthetic fibers, b. Storage, distribution, wholesale, retail, and services, as follows: (21) Rubber, manufacture of primary rubber materials, tires and innertubes, and (1) Any retail display or sale, not rubber reclaiming, specifically allowed elsewhere in this section. (22) Soaps, detergents, and (2) Farmers' markets. cleaning preparations, other than mixing or blending. (3) Flea markets, sales bazaars, (23) Paints, varnishes, lacquers, swap shops, trading posts, and the like; sale or enamels, and allied products, other than mixing or display of used retail merchandise, other than blending, completely rebuilt or refinished merchandise where such uses would be allowed in accordance with (24) Cement, concrete, gypsum, Section 8.A.i. lime, and plaster manufacture, and products made therefrom, other than those uses specifically (4) Crematoriums and the like. permitted in Section 8.A. 1.a. (5) Explosives, ammunition, (25) Brick, firebrick, terra cotta, matches, and fireworks. clay pipe, structural clay tile, and refractories. (6) Bulk storage, bulk (26) Asbestos products, distribution, or bulk sale of chemicals and allied products. (27) Processing of rock, sand, gravel, shellrock, limerock, mineral earths, and the (7) Compressed chlorine, like. fluorine, ammonia, hydrogen sulphide, sulfur dioxide, or toxic gases. (28) Primary metals manufacturing; smelting, refining, mills, furnaces, (8) Bulk storage, bulk sale, or and foundries, except as specifically allowed in bulk distribution of pesticides, herbicides, or accordance with Sections 8.A. 1., 8.A.2., or 8.A.3. agricultural chemicals. (29) Drop forging. (9) Offices or restaurants, except as an accessory use to a lawful principal use. (30) Chemical cleaning or etching of metals as a principal use, or any chemical (10) Agricultural fertilizing, and descaling of metals, chemical pest, disease, weed, or soil treatment services. 2000 $- 12 EXHIBIT "B" Zoning 49 (11) Truck stops or automobile 6. Building and site regulations: service stations. Minimum lot area 10,000 square feet (12) Boarding kennels; guard dog Minimum lot frontage None kennels and training services. Minimum front yard 15 feet* Minimum side yard (13) Any open storage or display, (interior) 15 feet one side unless adequately screened, except that growing plants Minimum side yard which are stored or displayed shall not require (corner) 15 feet street side screening. Any exterior storage of motor vehicles or Minimum rear yard 20 feet** boats in a wrecked condition shall be permitted only in Maximum lot coverage 60 percent connection with a lawful principal use allowed Maximum height 45 feet, not to elsewhere in this section, and shall be adequately exceed 4 stories screened. Furthermore, the open storage of farm tractors and implements, shovels or cranes, and special *Except where rear of the lot abuts a paved alley or mobile equipment as defined by Section 316.003, street, then no side setback shall be required. Florida Statutes shall be adequately screened. **Where rear yard abuts a railroad right-of-way or any paved alley, the rear yard may be reduced to ten c. Transportation, communication, (10) feet. utilities, and miscellaneous uses as follows: Note: Where lots abut a residential area, the (1) Chemical and toxic waste corresponding side and/or rear setback shall be a storage or disposal; tank truck cleaning, minimum of thirty (30) feet. (2) Land fill operations. All necessary roof-mounted mechanical equipment shall be sound baffled. (3) Airports, airfields, and landing strips. 7. Off-street parking. As provided in Section 11.H. hereinafter. (4) Heliports. (Ord. No. 95-23, § 1, 8-15-95; Ord. No. 95-24, § 4, 8-15-95; Ord. No. 96-03, § 1, 3-19-96; Ord. No. (5) Residences and trailer parks; 00-04, §§ 1, 2, 4-4-00; Ord. No. 00-34, § 1, 7-18-00; use of vehicles or house trailers as living quarters. Ord. No. 01-57, § 2, 11-20-01) (6) Storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or Sec. 8.5. Overlay zones. other waste materials, except as specifically allowed elsewhere in this section. A. MARTIN LUTHER KING BOULEVARD OVERLAY ZONE. (7) Recycling sorting or processing facilities. 1. General. With the completion of the Vision 20/20 Redevelopment Plan, the City identified (8) Animal disposal facilities, a segment of the Martin Luther King Boulevard as an area in need of redevelopment and revitalization. This (9) Incinerators of any type. section is created to implement the development and design recommendations in the Redevelopment Plan intended to create a traditional street corridor with 2002 S-18 Repl. EXHIBIT "C" Conditions of Approval Project name: Motorola PID File number: USAP 03-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic 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 1. Staff recommends that the uses in Exhibit "D" - Motorola Planned Industrial X Development (PID) Permitted Uses that are identified with an asterisk be subject to the Environmental Review Permit process. Staff will have the discretion to waive the Environmental Review Permit process. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Staff recommends that the following uses be eliminated from the list of X permitted uses: Stone Cutting and Finishing, Machine Shops, Seafood and / or Solvent Distribution Facility. 3. Staff recommends that floor area restrictions should not apply to X manufacturing uses dealing with furniture, cabinets, and / or wood fixtures (Chapter 2, Section 8.A. 1.a.(6)). 4. Staff recommends restricting self-service storage facilities to limited-access X only. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 5. All uses shall be permitted uses in accordance with Exhibit "D", excluding X the following uses found in Chapter 2, Section 8.A. 1 .b. of the Land Development Regulations: (5) Septic tank, sewer, and drain cleaning and repair services, excluding storage, treatment, transfer, dumping, or disposal of waste on premises, provided that tracks used for the transport of waste shall be parked and stored in conformance with the minimum distance requirement specified in Section 8.A.2; and (7) Lawn, garden, and tree maintenance services; landscaping contractors; and (15) Towing companies with exterior storage; and (16) Vegetation recycling as a conditional use to a solid waste operating and recycling facility. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 6. To be determined. S:\Planning\Shared\Wp\Projects\Motorola DRI\USAP 03-001\COA.doc Exhibit "D" Proposed Motorola Planned Industrial Development (PID) Permitted Uses A. COMMERCIAL / PERSONAL SERVICES pursuant to Chapter 2, Section 8.A.l.b. B. MANUFACTURING, including compounding, assembly, repair or treatment of articles or merchandise, pursuant to Chapter 2, Section 8.A. 1 .a. (Osee note below) O No limitation on maximum floor area for Chapter 2, Section 8.A. 1.a.(6) C. WAREHOUSE, DISTRIBUTION, WHOLESALE (Osee note below), SHOWROOM Any manufacturing category listed above, or any use listed in Chapter 2, Sections 8.A. 1.c (2), (3), (4), (6), (7), (14) and (16) of the "M-1 Industrial District" Zoning Regulations, and including, but not limited to the following: Window treatment manufacturing and showroom* Fabrication of canvas and vinyl coverings* Textile manufacturing and distribution* Stone cutting and finishing* - Not recommended Glass and mirror manufacturing and distribution* Alarm system manufacturer and installers* Pest control services dispatch and storage* Tile and Carpet wholesale Furniture wholesale and distribution Artificial plants/flowers wholesale & distribution Self service storage facilities~) · Retail sales are allowed for these Roods provided that less than 50% of the Roods sold on the premises are sold at retail. · Restricted to limited-access self-service stora.qe facilities D. OPERATIONS CENTER, requiring a mix of moderate warehouse and increased office use Satellite operations management offices for any light industrial use allowed in Section 8 of the "M-I Industrial District" Zoning Regulations Bank operations center Insurance company records storage Government operations facility Radio/television studio Motion picture and/or music studios Nursing registries Non-profit trade organization research and record storage facilities Offices for contractors E. OFFICES Professional and business offices F. OTHER Machine shops - Not recommended Limousine storage and dispatch Auto storage and distribution (inside only - no repairs)* Research and Development laboratories G. MANUFACTURING*, including compounding, assembly, repair or treatment of articles or merchandise, pursuant to Section 8.A.3.a. H. WAREHOUSE, DISTRIBUTION, WHOLESALE, SHOWROOM* Seafood - Not recommended Solvent Distribution Facility - Not recommended Principal uses for any of the manufacturing categories listed immediately above Retail sales are allowed for these goods provided that less than 50% of the goods sold on the premises are sold at retail. *May Require Environmental Review S:\Planning\Shared\Wp\Projects\Motorola DR_T~USAP 03-00l\Exhibit DUst of Uses.doc 08/09/2002 14:08 FAX ' . ,,..~ity Commission Meeting-3/18/O~ .... PZCC PALM BEACH COUNTY - PLANNING, Z Exhibit "A" CODE ENFORCEMENT COMP~ ~ -~ COMPLAINT#:C 9702030022 A/R# 0000000000 INSPECTION DATE 02 04 97 W/R:: INITIATED BY: C COM: DIST: FOLLOW UP DATE MM DD 'TY CEO:: SN NATURE OF COMPLAINT: CHICKENS, ROOSTERS IN RES:IDENTIAL AREA CITATION#: VIOLATOR NAME: (L) BARRERA (F) VINCENT (M~ (T) IN CARE OF: BUSINESS : MAILIN~ ADDRESS : 3250 N FEDERAL HWY CITY: DELRAY BEACH ST: FL ZIP: 33483 HOUSE#: 3025 DIR: N ST NAME~ FEDERAL TYPE: ~ DIR: PCN# CITY: 000 RNa: 43 TWP: 46 SEC: 04 S~B: 00 BLK: 000 LOT: 1020 CITY: DELRAY BEACH SUBD# 9999 - 999 NAME METES AND BOUNDS TEAM: 4 TAKEN BY: IC~ STATUS: CLO VIOLATION-~YPE : VIOL CODE: CEH: M DATE: 01 07 98 CEH FUP DATE: 09 0~ 97 LIEN: Y DAYS ELAPSED: 170 NMH DATE: PREVIOUS STATUS: INQUIRY COMPLETE . 08/09/2002 14:08 FAX ~03 PZCR PALM BEACH COUNTY - PLANNING, ZONINa & BUILDINa 08/08/02 CODE ENFORCEMENT VIOLATION HISTORY SCREEN PRINTER ID: COMPLAINT #:C 9702030022 FOLLOW UP DATE: MM DD YY ZONING CLASS: CG C/Cz REMARKS: COMPLAINANT IS JIM MOTSCHALL 731-5260. 27/97 - NO RESPONSE AT DOOR, UNABLE TO LOCATE CHICKENS. FOLLOW ON 2/18/97 NB 2/12/97 3/21/97 UNCLAIMED AT POST OFFICE/WILL POST ON 3/24/97 NB DETAILS: HOUSING LIVESTOCK IN YOUR ZONING DISTRICT IS PROHIBITED. (CEB SPECIAL MASTER ON 12/4/96). CORRECT: REMOVE ALL LIVESTOCK FROM PROPERTY. SEC. VIO: 6.4.C.6 ULDC 6.2.6 ULDC ADD NAMES: (LAST): BARRERA (FIRST): LUISA (MI) .. 08/09/2002 14:08 FAX ~04 PZCT PALM BEACH COUNTY - PLANNING ZONING & BUILDING DATE: 08/08/02 CODE ENFORCEMENT TEXT SCREEN TIME: 15:39:33 REMARKS COMPLAINT #:C 9702030022 001 COMPLAINANT IS JIM MOTSCHALL 731-5260. 002 27/97 - NO RESPONSE AT DOOR, UNABLE TO LOCATE CHICKENS. 003 FOLLOW ON 2/18/97 NB 2/12/97 004 3/21/97 UNCLAIMED AT POST OFFICE/WILL POST ON 3/24/97 NB 005 6/4/97 CEB. BOARD DETERMINED THE REPEAT VIOLATION OCCURED FOR ONE 006 DAY, RESULTING IN A FINE OF $150.00. FURTHER, SHOULD THE VIOLATION 007 NOT BE CORRECTED BY JUNE 9, 1997, A FINE OF $250.00 PER DAY WILL 008 BE IMPOSED. 009 7/2/97 CEB. BOARD APPROVED TO RESCIND BOARD ORDER OF JUNE 4, 1997 010 AND RESCH~DULE THE CASE FOR AUGUST 6, 1997 CEB. 011 9/3/97 HEARD BEFORE CEB aRANTED TO 9/8/97 TO COMPLY OR A FINE OF 012 100.00 A DAY AND A REPEAT FINE OF 25.00 A DAY FROM MARCH 21, 1997 TO 013 AUGUST 29, 1997 IF NOT COMPLIED WITH BY 9/8/97 KRL. 014 COST FOR 95.32 015 9/11/97 VIOLATION STILL EXISTS AT THIS TIME. CHICKENS REMAIN ON SITE. 016 NB/SN 9/16/97 017 9/16/97 C4%VE TO TV FOR LIEN. HR 018 9/1 /97 SENT TO COUNTg ATTORNEg TO FILE LIEN. INQUIRY COMPLETE PF1-FWD PF2=BWD PF3-FWD/CSR PF4=INS LN PFS=RET PF10-CLR PF12-DEL LN 08/09/2002 14:08 FAX ~05 PZC~ PALM BEACH COUNTY - PLANNIN~ ZONING & BUILDING DATE: 08/08/02 CODE ENFORCEMENT TEXT SCREEN TIME: 15:39:36 REMARKS COMPLAINT #:C 9702030022 019 9/24/97 IN COMPLIANCE NOW. SN 020 10/6/97 LIEN APPROVED/ CAVE TO NANCY TO RECORD. HBR 021 10/8/97 LIEN REFERRED TO ACCT. TO RECORD. NK 022 10/16/97 LIEN RECORDED 10035/1365. NK 023 10/26/97 AFFIDAVIT OF COMPLIANCE RECORDED 10035/1423. NK 024 11/18/97 LEFT MESSAGE WITH NUMBER ON CHECK THAT COST OF $95.32 HAS NOT 025 BEEN PAID. CHECK FOR $67.00 FOR MOD APPL. HBR 026 11/18/97 LETTER REQUESTING PAYMENT OF COSTS IN ORDER TO SCHEDULE MOD. 027 REQ~ST PER TV. 028 11/25/97 PAID $95.32 COSTS. NK 029 11/25/97 HAS PAID COST. SCHEDULED FOR 1/7/98 FOR MOD. HBR 030 1/21/98 HEARD BEFORE SM MODS LIEN REMAINS IN FULL. KRL. 1/24/98 031 3/23/98 TO PAY $50.00/MONTH ON LIEN PER TV, BEGINNING APRIL, 1998. NK 032 4/7/98 ACCT. CALCULATIONS REFLECT $50/MONTH PAYMENT ON LIEN PRINCIPAL 033 WILL TAKE OVER 9 YEARS TO PAY PRINCIPAL WHILE INTEREST ACCRUES @ OVER 034 $500.00 A YEAR (10%). 035 4/7/98 PAID $50.00 APRIL, 1998, PAYMENT ON LIEN/INTEREST. NK 036 5/6/98 PAID $50.00 MAY, 1998, PAYMENT ON LIEN/INTEREST. NK SCROLL FORWARD COMPLETE PFlmFWD PF2=BWD PF3-FWD/CSR PF4=INS LN PFS~RET PF10=CLR PF12~DEL LN 08/09/2002 14:08 FAX ~06 PZCT PALM BEACH COUNTY - PLANNING ZONING & BUILDING DATE: 08/08/02 CODE ENFORCEMENT TEXT SCREEN TIME: 15:39:38 REMARKS COMPLAINT #:C 9702030022 037 6/8/98 PAID $50.00 JUNE, 1998, PAYMENT ON LIEN/INTEREST. NK 038 7/7/98 PAID $50.00 JULY, 1998, PAYMENT ON LIEN~INTEREST. NK 039 7/7/98 CITY OF BOTNTON BEACH ANNEXATION. 040 8/3/98 PAID $50.00 AUG~UST, 1998, PAYMENT ON LIEN/INTEREST. NK 041 9/10/98 PAID $50.00 SEPTEMBER, 1998, PAYMENT ON LIEN/INTEREST. NK 042 10/5/98 PAID $50.00 OCTOBER, 1998, PAYMENT ON LIEN/INTEREST. NK 043 11/5/98 PAID $50.00 NOVEMBER, 1998, PAYMENT ON LIEN/INTEREST. NK 044 12/7/98 PAID $50.00 DECEMBER, 1998, PAYMENT ON LIEN/INTEREST. NK 045 1/11/99 PAID $50.00 JANUARY, 1999, PAYMENT ON LIEN/INTEREST. NK 046 2/16/99 PAID $50.00 FEBRUARy, 1999, PAYMENT ON LIEN/INTEREST. NK 047 3/4/99 PAID $50.00 MARCH, 1999, PAYMENT ON LIEN/INTEREST. NK 048 4/14/99 PAID $50.00 APRIL, 1999, PAYMENT ON LIEN/INTEREST. NK 049 5/13/99 PAID $50.00 MAY, 1999, PAYMENT ON LIEN/INTERESST. NK 050 6/9/99 PAID $50.00 JUNE, 1999, PAYMENT ON LIEN/INTEREST. NK 051 8/9/99 PAID $100.00 JULY & AUGUST, 1999, PAYMENTS ON LIEN/INTEREST. NK 052 9/21/99 PAID $50.00 SEPTEMBER, 1999, PAYMENT ON LIEN/INTEREST. NK 053 10/18/99 PAID $50.00 OCTOBER, 1999, PAYMENT ON LIEN/INTEREST. NK 054 12/9/99 PAID $50.00 NOVEMBER, 1999, PAYMENT ON LIEN/INTEREST. NK SCROLL FORWARD COMPLETE PFi=FWD PF2=BWD PF3-FWD/CSR PF4=INS LN PF5mRET PF10=CLR PF12=DEL LN 08/09/2002 14:08 FAX ~07 PZCT PALM BEACH COUNTY - PLANNING ZONING & BUILDING DATE: 08/08/02 CODE ENFORCEMENT TEXT SCREEN TIME: 15:39:40 REMARKS COMPLAINT #:C 9702030022 055 1/19/00 PAID $100.00 DECEMBER, 1999, & JANUARY, 2000, PAYMENTS ON 056 LIEN/INTEREST. NK 057 2/7/00 PAID $123.63 FEBRUARY, 2000, PAYMENT ON LIEN + $736.95 058 INTER~ST, TOTAL $860.58. NK 059 3/21/00 PAID $1,438.96 MARCH, 2000, PAYMENT ON LIEN + $61.04 060 INTEREST, TOTAL $1,500.00. NK 061 5/26/00 PAID $500.00 APRIL, 2000, PAYMENT OF LIEN/INTEREST. NK 062 8/17/00 PAID $1,500.00 + $250.00 PAYMENTS ON LIEN/INTEREST, TOTAL 063 PA%'MENT $1,750.00 ON LIEN/INTEREST. NK 064 10/18/00 PAID $1,396.71 BALANCE ON PRINCIPAL + $23.35 INTEREST, TOTAL 065 $1,420.06, PAID IN FULL; REFERRED TO CEB SECY RE SATISFACTION OF LIEN. 066 10/20/00. RESENDING SATISFACTION OF LIEN DUE TO ERROR. WAITING FOR 067 SPECIAL MASTER'S SIGNATURE. JBM 068 11/27/00 SATISFACTION OF LIEN (A/ACCRUING & B/REPEAT) REFERRED TO ACCT 069 TO RECORD. NK 070 12/1/00 SATISFACTION OF LIEN (A/B) RECORDED 12166/1488. NK 071 072 SCROLL FORWARD COMPLETE PFi=FWD PF2=BWD PF3-FWD/CSR PF4~INS LN PFS=RET PF10=CLR PF12=DEL LN 08/09/2002 14:08 FAX ~08 PZ~C ' PALM BEACH COUNTY PLANNING, ZONING AND BUILDING CODE ENFORCEMENT COMPLAINTS COMPLAINT#:C 9703210020 A/R# 0000000000 INSPECTION DATE 03 24 97 W/R: INITIATED BY: ICOM: DIST: FOLLOW UP DATE 04 03 97 CEO: NB NATURE OF COMPLAINT: N/A CITATION#: VIOLATOR NAME: (L) BARRERA (F) VINCENT (M) (T) IN CARE OF: BUSINESS : MAILING ADDRESS : 3025 N. FEDERA~ HWY.*** CITY: DELRAY BEACH ST: FL ZIP: 33483 HOUSE#: 3025 DIR: N ST NAMe: FEDERAL TYPE: HWY DIR: PCN# CITY: 000 RNG: 43 TWP: 46 SEC: 04 SUB: 00 BLK: 000 LOT: 1020 CITY: DELRAY BEACH SUBD# 9999 - 999 NAME METES AND BOUNDS TEAM: i TAKEN BY: NB STATUS: CLO VIOLATION-TYPE : VIOL CODE: CEH: M DATE: 09 03 97 C~H FUP DATE: 10 20 97 LIEN: Y DAYS ELAPSED: 099 NM]{ DATE: PREVIOUS STATUS: INQUIRY COMPLETE 08/09/2002 14:08 FAX ~09 PZCR PALM BEACH COUNTY - PLANNING, ZONING & BUILDING 08/08/02 CODE ENFORCEMENT VIOLATION HISTORY SCREEN PRINTER ID: COMPLAINT #:C 9703210020 FOLLOW UP DATE: 04 03 97 ZONING CLASS: CG C/C: REMARKS: 5/7/97 HEARD BEFORE THE SPECIAL MASTER GRANTED TO 6/6/97 OR A FINE OF 100.00 A DAY COST FOR $51.12 KW 6/10/97 SHEDS)2 AND FENCE REMAIN UNABLE TO LOCATE ANY PERMITS ON FILE AT THIS DATE. NRB. 6/18/97 GAVE FILE TO TV TO DETERMINE IF LIEN DETAILS~ DID RO CAUSED TO HAVE ERECTED A FENCE AND TWO (2) UTILITY STRUCTURES WITHOUT FIRST OBTAINING PROPER PERMITS AND INSPECTIONS. CORRECT: PLEASE OBTAIN PROPER PERMITS AND INSPECTIONS FOR FENCE AND SHEDS. SEC. rIO: 104.1.1 PBCBC 106.2 PBCBC ADD NAMES: (LAST) .- BARRERA (FIRST): LUISA (MI) 08/09/2002 14:08 FAX ~10 PZCT PALM BEACH COUNTY - PLANNING ZONING & BUILDING DATE~ 08/08/02 CODE ENFORCEHENT TEXT SCI~EER TIME= 15=38~56 REMARKS COMPLAINT #:C 9703210020 001 5/7/97 HEARD BEFOP. E THE SPECIAL MASTER gRANTED TO 6/6/97 002 OR A FIN~ OF 100.00 A DAY COST FOR $51.12 KW 003 6/10/97 SHEDS) 2 AND FENCE REMAIN UNABLE TO LOCATE ANY PERMITS ON FILE 004 AT THIS DATE. NRB. 6/18/97 (]AVE FILE TO TV TO DETERMINE IF LIEN 005 SHOULD BE FILED. KW 006 7/2/97 CEB. BOARD APPROVED TO RESCIND BOARD ORDER OF JUNE 4, 1997 007 AND I~ESCHEDULE CASE FOR AUGUST 6, 1997 CEB. 008 HEAleD BEFORE SPECIAL MASTER 9/3/97-~IVEN 45 DAYS/S50 PER DAY 009 COSTS $83.69-NO SHOW 010 10/22/97 VIOLATION STILL EXISTS AT THIS TIME. SN 10/24/97 011 10/24/97 GAVE TO TV TO DETERMINE LIEN. HER 012 10/27/97 SENT TO COUNTY ATTOP/qEY FOR APPROVAL. HBR 013 11/4/97 LIEN REFERRED TO ACCT. TO RECORD.NK 014 11/13/97 LIEN RECORDED 10081/1582. NK 015 1/6/98 VIOLATIONS COI~RECTED BUT LIEN STILL ACTIVE. AFFIDAVIT OF 016 COMPLIANCE IN FILE. 017 3/2/98 AFFIDAVIT OF COMPLIANCE RECORDED 10254/0278~***HOWEVER, NEED TO 018 AM~ND~FIDAVIT OF COMPLIANCE TO CORRECT BOARD ORDER DATE.*** NK SCROLL BACKWARD COMPLETE PFi~FWD PF2~BWD PF3=FWD/CSR PF4-INS LN PFS=RET PF10=CLR PF12=DEL LN 05/09/2002 14:0~ FAX ~11 PZCT- PALM BEACH COUNTY - PLANNING ZONING & BUILDING DATE: 08/08/02 CODE ENFORCEMENT TEXT SCREEN TIME= 15:38:49 REMARKS COMPLAINT #:C 9703210020 019 3/18/98 AMENDED BOARD ORDER CORRECTING BOARD DATE SUBMITTED FOR 020 RECORDING. NK 021 3/24/98 PAID $83.69 COSTS + $67.00 MOD APPL FEE, TOTAL $150.69. NK 022 3/25/98 SCHEDULED FOR MOD HEARING TV/KRL 023 3/23/98 AMENDED AFIDAVIT OF COMPLIANCE RECORDED 10295/1603. NK 024 6/9/98 DID NOT SHOW FOR MODIFICATION HEARING - LIEN STILL 025 ACTIVE - WILL HAVE TO RESUBMIT APPLICATION AND FEE KRL. 026 6/12/98 TV SAID TO RESCEDULE FOR JULY 027 7/7/98 CITY OF BOYNTON BHACHANNEXATION. NK 028 7/14/98 HEARD BEFORE THE SM LIEN REMAINS IN FULL KRL. 029 8/18/98 TO PAY $50.00/MONTH ON LIEN PER T. VERNER BEGINNING AUGUST, 030 1998. NK 031 8/18/98 PAID $50.00 AUGUST, 1998, PAYMINT ON LIEN/INTEREST. NK 032 9/10/98 PAID $50.00 SEPTEMBER, 1998, PAYMENT ON LIEN/INTER~ST. NK 033 10/5/98 PAID $50.00 OCTOBER, 1998, PAYMENT ON LIEN/INTEREST. NK 034 11/5/98 PAID $50.00 NOVEMBER, 1998, PAYMENT ON LIEN/INTEREST. NK 035 12/7/98 PAID $50.00 DECEMBER, 1998, PAYMENT ON LIEN/INTEREST. NK 036 1/11/99 PAID $50.00 jANUARY, 1999, PAYMENT ON LIEN/INTEREST. NK SCROLL BACKWARD COMPLETE PFi~FWD PF2~BWD PF3=FWD/CSR PF4~INS LN PFS=RET PF10=CLR PF12~DEL LN ?:2~ FAX 1 $6! 241 $182 SCHNAR$ ENG! ..,~ity Commission Meeting-3/18/03 ; 5~1 2"2 6831; ' Exhibit ROBERT MARC SCHWARTZ, P. A. ATI'ORNE¥ A'r LAW SC::~ABTZ ]02 Nor*~ Swint~,~ ~LC: ~ BAIt ~3A.RD CERTffqT, D Dolrmy Bench. ~ 33444-2634 Phone:(~&i) 26~26~6 ~,~ ~ M~. Jim Chcro~ CiW A~mcy Ci y o~ Boston ~h 10 ) ~ Boron B~ch Rc~mn Re,ch, FL 3~425 924 No~ F~I ~igh~. Bo~ B~ch. ~ D~ ~ Mr. Ch~o~: Ple~u~ be ndv~md thst I rnprcsent 924 Ventur% L~.C. a Flora i;~i~d Ii~ili~ ~mp~y, ~ :ur~ pu~Jng an ab~don~nt of~c 20' ~ley lying ~een ~t 20 ~d Lo~ 21 ~rough 24 in Bi~L 4. You ha~ exprc~cd a ~m ~ to &e ~nfon. in farm ofBo~Wn F~ancc Company, co tt~ in ~ ogginai 1925 PI~ of~ ADOITION as ~o~cd ~ Pla Book 11, Page 71, of t~ Publk cords ofPa~ Reac~ Co--W. Flori~ 3~is ~ncem in ~ ~ Fbflda S~ S~on 177.085 (a c~y orw~ Is ~;h~), ~ch r~;~io~ cmtt~act or bc~ Ju~ l, 19~3. I ~w ~in~ flee m t~ subj~t p~e~ ~d no s~h ~on w~ ~ou~t ~n ~ compl~on r~f'ihu abandoner. th~ properly o~ ~s ~~ ~ pro,de ~ r~u~ dcfm~ of s~e a i~ sole ~ ~d ~ould you ha~ ~y qu~auns ~n~ing ~e ~bov~ or the eno]osed, pl;~ ~ccl f~e to advise m,: Rob~ M. S~