The URL can be used to link to this page

Minutes 04-20-04 MINUTES OF THE REGULAR CTrY COMM[SSZON MEEI'[NG HELD ~[N COMMZSS~[ON CHAMBERS, cTrY HALL, BOYNTON BEACH, FLOI~DA, ON TUESDAY. API~L 20, 2004 AT 6:30 P.M. Present 3erry Taylor, Mayor Kurt Bressner, City Manager Mike Ferguson, Vice Mayor .lira Cherof, City Attorney Bob Ensler, Commissioner ]anet Prainito, City Clerk Mack McCray, Commissioner Carl McKoy, Commissioner OPENZNGS: A. Call to Order - Mayor Jerry Taylor B. Tnvocation - Dr. Solomon Rothstein, 2"d Police Chaplain C. Pledge of Allegiance to the Flag led by Commissioner Ensler Mayor Taylor called the meeting to order at 6:30 p.m. Dr. Rothstein offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Ensler. D. 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. ]:[. OTHER: A. Tnformational Ttems by Members of the City Commission None TTT. ANNOUNCEMENTS, COMMUNZTY & SPECTAL EVENTS, & PRESENTAT]:ONS: A. Announcements: B. Community and Special Events: Meeting Minutes Regular City Commission Meeting Bovnton Beach, Flori;Jp April 20, 2004 C. Presentations: 1. Proclamations: a. National Library Week- April 18-24, 2004 Mayor Taylor read the National Library Week proclamation and presented it to Virginia Farace, Library Director. Ms. Farace thanked everyone for their support of the Library. b. Holocaust - Days of Remembrance Proclamation - April 18-25, 2004 Mayor Taylor read the Days of Remembrance Proclamation. Mike Friedland accepted the Proclamation and reported that there was a program held in various synagogues throughout the Country last Sunday. Temple Beth Kodesh will hold a service at 9:00 a.m. this Sunday and everyone was welcome to attend. c. Fair Housing Month Proclamation - April 2004 Mayor Taylor read the Fair Housing Month Proclamation. d. Drinking Water Week Proclamation - May 2-8, 2004 Mayor Taylor read the Drinking Water Week Proclamation and presented it to Bob Kenyon, Deputy Utilities Director. Mr. Kenyon thanked the City Commission for its continued support. e. Municipal Clerks Week - May 2-8, 2004 Mayor Taylor read the Municipal Clerks Week Proclamation and presented it to City Clerk Janet Prainito. Ms. Prainito thanked the City Commission for the recognition and thanked the staff of the City Clerk's Office for their hard work. f. Relay for Life Days Proclamation - May 7-8, 2004 IVlayor Taylor read the Relay for Life Days Proclamation and presented it to Dr. Ruth Berman, Chair for this year's Boynton Beach Relay for Life. Dr. Berman said that they are still accepting team applications and invited everyone to come to the event. g. Nurses' Week - May 6-12, 2004 Mayor Taylor read the Nurses' Week Proclamation. 2. Accept presentation by Craig Steinberg, :International :Inflatable Products and Games Association State Representative, thanking Debbie Majors for dedication to the overall safety standards for inflatable rental companies doing business in the City of Boynton Beach 2 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida April 20, 2004 Craig Steinberg, [nternational Znflatable Products and Games Association State Representative, awarded his association's first Public Service Award to Debbie Majors, Grants Coordinator. Ms. Majors and her team created a special events permit whereby inflatable rental companies must meet minimum requirements and guidelines in order to advance the safety of the consumers. Mr. Steinberg said that the City achieved a proactive result that can be modeled by, and serve as an example for, local and state entities to follow. Ms. Majors has also been asked to sit on a legislative body to help promote Statewide what has happened in the City of Boynton Beach. Mayor Taylor expressed the City's pride in Ms. Majors' accomplishments. Ms. Majors thanked Mr. Steinberg and his organization for their work. She will continue to work with Risk Management and Code Compliance to ensure that our parks and facilities are safe. PUBLTC AUDTENCE: ]~NDZVZDUAL SPEAKERS WZLL BE LZMZTED TO 3-M/NUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may n==d to be adjusted depending on the level of business coming before the City Commission) Herb Suss felt that the Library, the Public Works Department and the City Clerk's Office were gems. He distributed an excerpt from the Florida Golf Digest that listed the best places to play golf. Out of a possible 5 stars, it rated the Links of Boynton Beach as a 41/2 star golf course. ~[t is the only one in Palm Beach County to receive this recognition. Betty Pierce, Recreation & Parks Board Chair, reminded everyone that the City would be participating in the Great American Clean-up on May 1~ from 8:00 a.m. until noon. Supplies can be picked up at 6~ Avenue and Seacrest Boulevard and at :[ntracoastal Park. Also, September 15th is the Great Coastal Clean-Up. Brian Edwards, 629 NE 9th Avenue, was representing Planned Approach to Community Health (PATCH). They were formed by a joint meeting between the City Commission and the Community Relations Board and have been in existence for a little over 40 months. They are looking for a partnership for a Wellness Center somewhere in the Heart of Boynton and they wanted to know whether there is still a commitment from the City to act as a partner. Mayor Taylor asked where PATCH was meeting now. Mr. Edwards responded that they have been meeting at the Treasure Chest for approximately two years, thanks to Angela Girtman. Saturdays' events take place at the CDC, which is soon to become a Charter School. Frank Lindsey, 30 Colonial Club Drive, was one of 15 people from Colonial Club who volunteered for the Medieval Faire. He was pleased with the way it was handled by the City's Special Events employees and complimented Teresa Zabik and Mark ~ne for their work. Mr. Lindsey hoped that the City would repeat this event. Mayor Taylor thanked Mr. Lindsey and the others who volunteered. 3 Meeting Minutes Regular City Commission Meeting Bovnt~n Bepch, Fl~ridp Aoril 20, 2004 Virginia Farace, Education Advisory Board Liaison, announced that the Education Advisory Board would be at the Old School Square on Sunday, April 25th, with the South Florida Parenting Magazine Block party to showcase our local schools. Since there was no one else wishing to speak, the Public Audience was closed. V. ADMZNZSTRAT~VE: A. Appointments to be made: Appointment Length of Term To 8e Made Board Expiration Date IV McKoy Advisory Bd on Children & Youth Reg 2 yr term to 4/05 Mayor Taylor Advisory Bd on Children & Youth Stu/Voting i yr term to 4/05 T Ensler Advisory Bcl on Children & Youth Reg 2 yr term to 4/06 ]~T McCray Advisory Bd on Children & Youth Reg 2 yr term to 4/06 TTI Ferguson Advisory Bd on Children & Youth Reg 2 yr term to 4/06 IV McKoy Advisory Bd on Children & Youth Alt i yr term to 4/05 Mayor Taylor Advisory Bd on Children & Youth Alt 1 yr term to 4/05 T Ensler Advisory Bd on Children & Youth Stu/Voting 1 yr term to 4/05 TI McCray Advisory Bd on Children & Youth Stu/NonVoting i yr term to 4/05 Commissioner McKoy appointed Betsy Veaner as a Regular Member of the Advisory Board on Children & Youth. Mayor Taylor appointed 3ulie Claude as a Student/Voting Member of the Advisory Board on Children & Youth. Commissioner Ensler appointed Stephen Waldman as a Regular Member of the Advisory Board on Children & Youth. Vice Mayor Ferguson appointed Evelyn Geathers as a Regular Member of the Advisory Board on Children & Youth. Commissioner Ensler appointed Rene& Roberts as a Student/Voting Member of the Advisory Board on Children & Youth. Commissioner McCray appointed Laura Woozley as a Student/NonVoting Member of the Advisory Board on Children & Youth. All other appointments to the Advisory Board on Children & Youth were tabled. Motion Vice Mayor Ferguson moved to approve the appointments to the Advisory Board on Children & Youth. Motion was seconded by Commissioner McCray and carried unanimously. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, FIQrid~ April 20, 2004 Mayor Taylor Arts Commission Reg 3 yr term to 4/07 ! Ensler Arts Commission Reg 3 yr term to 4/07 T! McCray Arts Commission Reg 3 yr term to 4/07 TIT Ferguson Arts Commission Reg 2 yr term to 4/06 TV McKoy Arts Commission Reg 2 yr term to 4/06 Mayor Taylor Arts Commission Reg i yr term to 4/05 [ Ensler Arts Commission Reg 1 yr term to 4/05 ]T McCray Arts Commission Alt 1 yr term to 4/05 T][T Ferguson Arts Commission Alt 1 yr term to 4/05 Mayor Taylor appointed Richard Beaulieu as a Regular Member of the Arts Commission. Commissioner Ensler appointed Anita Remer as a Regular Member of the Arts Commission. Commissioner McCray appointed Suzette Urs as a Regular Member of the Arts Commission. Commissioner McKoy appointed Richard Bright-field as a Regular Member of the Arts Commission. Mayor Taylor appointed Debby Coles-Dobay as a Regular Member of the Arts Commission. Commissioner Ensler appointed Raymond Marcinkoski as a Regular Member of the Arts Commission. Commissioner McCray appointed Michael McGoey as an Alternate Member of the Arts Commission. All other appointments to the Arts Commission were tabled. MQti~n Commissioner McCray moved to approve the appointments to the Arts Commission. Commissioner McKoy seconded the motion that carried unanimously. IV McKoy Cemetery Board Reg 3 yr term to 4/06 Tabled (3) Mayor Taylor Cemetery Board Reg 3 yr term to 4/07 I Ensler Cemetery Board Alt i yr term to 4/05 Commissioner McKoy appointed Susan Morrison as a Regular Member of the Cemetery Board. Mayor Taylor appointed Woodrow Hay as a Regular Member of the Cemetery Board. Commissioner McCray was not in favor of this appointment since the Cemetery Board was not Mr. Hay's first choice. Mayor Taylor withdrew his appointment, All other appointments to the Cemetery Board were tabled. Motion Commissioner McKoy moved to approve the appointment to the Cemetery Board. There was no second and no vote. 5 Meeting Minutes Regular City Commission MeeUng Boyntcn Beach, Florida ADril 20, 2004 Mayor Taylor Code Compliance Board Alt i yr term to 4/05 Tabled (2) [ Ensler Code Compliance Board Reg 3 yr term to 4/07 II McCray Code Compliance Board Reg 3 yr term to 4/07 III Ferguson Code Compliance Board Alt 1 yr term to 4/05 Commissioner Ensler appointed Patty Hammer as a Regular Member of the Code Compliance Board, Commissioner McCray appointed Kathleen Carroll as a Regular Member of the Code Compliance Board. Vice Mayor Ferguson appointed Richard Kurtz as an Alternate Member of the Code Compliance Board, Mayor Taylor had a concern regarding this appointment since the Code Compliance Board was not Mr. Kurtz' first choice. Vice Mayor Ferguson withdrew the appointment of Mr. Kurtz. Vice Mayor Ferguson appointed .]ames Miriana as an Alternate Member of the Code Compliance Board. One appointment to the Code Compliance Board was tabled, Motion Commissioner McCray moved to approve the appointments to the Code Compliance Board. Vice Mayor Ferguson seconded the motion that carried unanimously. ]:v McKoy Community Relations Board Reg 3 yr term to 4/05 Tabled (2) Mayor Taylor Community Relations Board Reg 3 yr term to 4/07 I Ensler Community Relations Board Reg 3 yr term to 4/07 II NcCray Community Relations Board Reg 3 yr term to 4/07 III Ferguson Community Relations Board Alt 1 yr term to 4/05 Commissioner McKoy appointed Brenda Lee Williams as a Regular Member of the Community Relations Board. Mayor Taylor appointed Phyllis Stern as a Regular Member of the Community Relations Board. Commissioner Ensler appointed .]oyce Mura as a Regular Member of the Community Relations Board. Vice Mayor Ferguson appointed Robert Harper as an Alternate Member of the Community Relations Board. One appointment to the Community Relations Board was tabled. Motion Commissioner McCray moved to approve the appointments to the Community Relations Board. Commissioner McKoy seconded the motion that carried unanimously. II McCray Education Advisory Board Stu 1 yr term to 4/05 Tabled (3) III Ferguson Education Advisory Board Reg 2 yr term to 4/05 Tabled (3) IV McKoy Education Advisory Board Alt 1 yr term to 4/05 Mayor Taylor Education Advisory Board Reg 2 yr term to 4/06 I Ensler Education Advisory Board Reg 2 yr term to 4/06 II McCray Education Advisory Board Reg 2 yr term to 4/06 6 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida Aaril 20, 2004 III Ferguson Education Advisory Board Alt 1 yr term to 4/05 IV McKoy Education Advisory Board Stu 1 yr term to 4/05 Vice Mayor Ferguson appointed Jean Cairo as a Regular Member of the Education Advisory Board. Commissioner Ensler noted that there was a request from the Education Advisory Board to allow one non-resident with children in the district to be a regular member of the board. Currently a non- resident can only be an alternate member. A change to the board requirements is scheduled to come before the City Commission at the next meeting. Dr. Floyd Bell, who does not live in the City, is currently serving on the Board as an alternate member. It was the Board's hope that he be permitted to be a regular member. Therefore, Commissioner Ensler tabled his appointment. All other appointments to the Education Advisory Board were tabled. Motion Commissioner McKoy moved to approve the appointment to the Education Advisory Board. Motion was seconded by Vice Mayor Ferguson and carried unanimously. Mayor Taylor Library Board Reg 3 yr term to 4/07 I Ensler Library Board Reg 3 yr term to 4/07 ITI Ferguson Library Board Alt i yr term to 4/05 IV McKoy Library Board Alt I yr term to 4/05 Mayor Taylor appointed Valerie Pleasanton as a Regular Member of the Library Board. Commissioner Ensler appointed Robert Heffernan as a Regular Member of the Library Board. Vice Mayor Ferguson appointed Eleanor Daly as an Alternate Member of the Library Board. One appointment to the Library Board was tabled. Motion Commissioner McCray moved to approve the appointments to the Library Board. Vice Mayor Ferguson seconded the motion that carried unanimously. TI! Fergu$on Planning & Development Board Meg 2 yr term to 4/06 !V McKoy Planning & Development Board Meg 2 yr term to 4/06 lVla¥or Taylor Planning & Development Board Meg 2 yr term to 4/06 ! Ensler Planning & Development Board Reg 2 yr term to 4/06 T! McCray Planning & Development Board Alt 1 yr term to 4/05 1II Ferguson Planning & Development Board Alt 2 yr term to 4/05 Motion Commissioner McCray moved to table all appointments to the Planning & Development Board until May 4t~. Vice Mayor Ferguson seconded the motion that carried unanimously. II McCray Recreation & Parks Board Reg 3 yr term to 4/07 I!! Ferguson Recreation & Parks Board Alt 1 yr term to 4/0S IV McKoy Recreation & Parks Board Alt i yr term to 4/05 7 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida April 20, 2004 Commissioner McCray appointed Pamela Winters as a Regular Member of the Recreation & Parks Board. Vice Mayor Ferguson appointed .lohn Spannuth as an Alternate Member of the Recreation & Parks Board. One appointment to the Recreation & Parks Board was tabled. Hotion Commissioner McCray moved to approve the appointments to the Recreation & Parks Board. Commissioner McKoy seconded the motion that carried unanimously. III Ferguson Senior Advisory Board Reg 2 yr term to 4/06 IV McKoy Senior Advisory Board Reg 2 yr term to ~,/06 Mayor Taylor Senior Advisory Board Reg 2 yr term to 4/06 I Ensler Senior Advisory Board Alt 1 yr term to 4/05 II McCray Senior Advisory Board Alt Iyr term to 4/05 Vice Mayor Ferguson appointed Denise Chamberlain as a Regular Member of the Senior Advisory Board. Commissioner McKoy appointed Elizabeth 3enkins as a Regular Member of the Senior Advisory Board. Mayor Taylor appointed Betty Spinelli as a Regular Member of the Senior Advisory Board. All other appointments to the Senior Advisory Board were tabled. Mgtign Commissioner McCray moved to approve the appointments to the Senior Advisory Board. Motion was seconded by Commissioner McKoy and carried unanimously. II! Ferguson Employees' Pension Board Reg :3 yr term to 4/07 Vice Mayor Ferguson appointed Sue Kruse as a Regular Member of the Employees' Pension Board. Motion Commissioner McCray moved to approve the appointment to the Employees' Pension Board. Commissioner McKoy seconded the motion that carried unanimously. VI. 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 parc of the Public Record and subject to staff comments. 8 Meeting Minutes Regular City Commission Meeting B0ynt~n Bei~ch, Fl~ri;li~ April 20, 2004 A. Minutes: 1. City Commission/CRA .loint Workshop Meeting of March 30, 2004 2. Agenda Preview Conference of April 2, 2004 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget 1. Approve the ranking of firms by the Evaluation Committee for the "DEVELOPMENT OF A STRATEG1[C PLAN AND UPDA'I'[NG THE RECREA'r]:ON AND OPEN SPACE ELEMENT OF THE ci-rY OF BOYNTON BEACH'S CONPREHENSI[VE PLAN," RFQ#025-2710-04/C, JD; and to authorize the Recreation and Parks Department to conduct negotiations for compensation for services (/',4B/.~'D ON 2. Multi-award Bid#030-1412-04/CJD "ANNUAL MI[SCELLANEOUS UNI~FORMS TO INCLUDE EMBROIDERY/S]~LK SCREENING" on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications, with an annual expenditure of $80,000 3. Award the RFP for the "ANNUAL 3ULY 4th FI[REWORKS DI[SPLAY," RFP#039o2710-04/3A to "MELROSE SOUTH PYROTECHNI[CS, :[NC. of South Carolina in the amount of $31,000 to include the barge (Proposed Resolution No. R04-054) 4. Award the bid for "PURCHASE OF ONE NEW AND UNUSED SOL~D WASTE REFUSE COLLECT[ON UNI'I'," Bid #036-2510-04/.1A to GREAT SOUTHERN PETERBI[LT, [NC. of .lacksonville, Florida, in the amount of $157,732.01 5. Extend the Code Compliance trailer lease as "sole source" with RESUN LEASI[NG, :[NC. in the amount of $11,424.96 with a contract period of May 19, 2004 through May 18, 2005 C. Resolutions: 1. Proposed Resolution No. R04-055 Re: Agreement for Water Service Outside the City Limits with 3une M. 3ones for the property at 1192 Peak Road, Lantana, Florida (Lots 242 8c243, Ridge Grove Addition 1) 2. Proposed Resolution No. R04-056 Re: Agreement for Water Service Outside the City Limits with Lance Sinclair for the property at 3574 N. Old Dixie Highway, Delray Beach, Florida (Lot 87, Amended Plat of Tradewind Estates) 3. Proposed Resolution No. RO4-057 Re: Agreement for Water Service Outside the City Limits with Ulrick and Gislo Dorsainvil for the 9 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Floridp Aoril 20, 2004 property at 1086 Seagrape Road, Lantana, Florida (Lot 50, Hypoluxo Ridge Addition 2) 4. Proposed Resolution No. R04-058 Re: Agreement for Water Service Outside the City Limits with Wilson B. Greaton, .Ir., Trustee, and Colson & Colson Construction Company as Contract Vendee, for the 6.21o acre parcel located at the intersection of Military Trail and the LWDD L-21 Canal 5. Proposed Resolution No, R04-059 Re: Agreement between Palm Beach County and the City of Boynton Beach to provide funding for the HeritageFest Coronation and Youth Awards Banquet 6. Proposed Resolution No. R04-060 Re: ]:nterlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the mutual use of facilities 7. Proposed Resolution No. R04-061 Re: Revisions to the Recreation & Parks Department Revenue Policy Manual 8. Proposed Resolution No. R04-062 Re: Urging the United States House of Representatives and Senate to continue to support beach renourishment projects and reject ali efforts to withdraw or limit the Federal government role in this environmental and economic resource 9. Proposed Resolution No. R04-063 Re: Assessing the costs of abatement of certain nuisances against the owners of properties involved 10. Proposed Resolution No, R04-064 Re: Approving Task Order no. U-04-5-01 with CH2M Hill for furnishing a user rate (cost of services) study, a capital facilities charges study and an engineer's report on the City's water, wastewater and stormwater Utilities (the Task Order fee will be a not-to-exceed upper limit of $41,386.25) 11. Proposed Resolution No. R04-065 Re: Amending the Cemetery Rules & Regulations to add a rule requiring that on all new mausoleum sales, bodies to be placed in the mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. :[n addition, a plastic tray must be placed under the casket on alJ entombments. Commissioner McCray pulled item C.11 from the Consent Agenda. 12. Proposed Resolution No. R04-066 Re: Amendment No. I to Task Order R04-10-001 in the amount of $7,000 to Kimley-Horn and Associates, ]:nc. for the preparation of a boundary survey for the entire project area, review of title commitment and preparation of individual 10 Meeting Minutes Regular City Commission Meeting BQynton Bei~ch, FIQri~Ja ADril 20, 2004 boundary surveys on the 5 properties within the boundaries of the project (Wilson Center, Pool and Park Complex) D.Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Mariner~ Way (ZNCV 04-00:1), 800 Mariners Way - Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of 40 feet, to allow for a variance of 30 feet, and a front yard setback of 10 feet for a structure within an R-3 zoning district Mayor Taylor pulled item E. 1 from the Consent Agenda. 2. Coastal Bay Colony (SPTE 04-002), SE 23r~ Avenue and South Federal Highway - Request for a one-year time extension of the site plan approval granted on February 18, 2003, from February 18, 2004 to February 18, 2005 F. Accept the written report to Commission of purchases over $10,000 for the months of February and March 2004 for informational purposes G. Appropriate $7,000 from the Law Enforcement Trust Fund (federal forfeiture funds) to pay for the production and broadcast of an anti-drug public service announcement Commissioner McCray pulled item G from the Consent Agenda. H. Authorization to apply for funding towards the acquisition of .1aycee Park, from the 2004/05 Florida Communities Trust, Florida Forever Program T. Authorize the use of $2,000 of Community l~nvestment Funds to Committed Citizens Concerned about our Children, Tnc. by Commissioner McCray Commissioner McCray pulled item T from the Consent Agenda. .1. Authorize the use of $1,500 of Community l~nvestment Funds to Bethesda Memorial Hospital for the .1ayne Miller Nursing Scholarship Fund by Mayor Taylor, Vice Mayor Ferguson and Commissioner McCray Motion Commissioner McCray moved to approve the Consent Agenda as amended. Vice Mayor Ferguson seconded the motion that carried unanimously. 1! Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florida April 20, 2004 C.ll. Proposed Resolution No. R04-065 Re: Amending the Cemetery Rules & Regulations to add a rule requiring that on all new mausoleum sales, bodies to be placed in the mausoleum must be embalmed. On previously purchased crypts, if a person does not wish to be embalmed, the body must be placed in a Ziegler case. In addition, a plastic tray must be placed under the casket on al_l entombments. Brad Osborne, Vice President of Boynton Beach Mausoleum, Inc., said that prior to the beginning of this meeting, he delivered letters to the City Commission listing the Mausoleum's objections to the proposed resolution. Mr. Osborne said that there is no evidence that embalming does anything other than delay the process of a body's decay. They believe that the reason for the proposed resolution was because of an incident that occurred that made the news where remains were entombed in the Mausoleum. Through the negligence of the funeral home and/or a faulty casket, the remains leaked out of the Mausoleum crypt and did some damage to adjoining crypts. Mr. Osborne was only aware of three instances in the history of the Mausoleum where this has occurred. In all three events, there were sealed caskets and in two of them, the bodies were embalmed. Mr. Osborne had a strong belief that embalming should be a matter between the family and the funeral home director. He felt that embalming would be a direct benefit to funeral homes because of the charge for the process. There may be some faiths that prohibit embalming. Therefore, the proposed resolution would discriminate against certain members of the community. Requiring this process would also have a negative impact on the Mausoleum's ability to market crypts as it would increase the cost. Mr. Osborne felt that it would be contrary to established principles of law to come back and add an additional expense that was not set forth in the contract already entered into. He felt that if there is any item that creates a potential problem, it is the requirement of sealed caskets. Sealed caskets were a requirement passed by a former City Commission, based on a recommendation from the Cemetery Board. There is a valve on a sealed casket. As the body naturally decays, gases emanate from the body. If the casket is sealed, the only way that the gas is released is through the valve. If the valve malfunctions, the gas continues to accumulate, build up pressure and can result in an incident similar to one that we had. A non- sealed casket allows any natural gases to ease out over time in a natural process. Mr. Osborne felt that it was a direct conflict of interest to have people who are employed by funeral parlors serving on the Cemetery Board. They could benefit financially if a body goes into the ground rather than a mausoleum. Mr. Osborne requested that the proposed resolution be denied and that the City Commission take a look at the membership of the Cemetery Board. 12 Meeting Minutes Regular City Commission Meeting Bovnton Beach, Florid~ April 20, 2004 Commissioner McCray did not agree with what Mr. Osborne said. As a funeral director and an embalmer, Commissioner McCray said that there is no conflict of interest with selling a crypt at a Mausoleum. There are no kickbacks by selling cemetery plots. Commissioner McCray said it was not the remains that leaked out; it was the fluids. There are 901 unoccupied crypts in the Mausoleum. Those people that already have crypts will be grandfathered in. Mayor Taylor commented that the incident was extremely costly. He asked whether the Mausoleum paid any of the cost. City Manager Bressner replied that they did not. Commissioner Ensler asked City Attorney Cherof whether he has had a chance to look into these kinds of items before. City Attorney Cherof said that he had. It was his opinion that the adoption of the rule does not violate the terms or conditions of the current contract with the Mausoleum company nor does it constitute an interference with their ability to contract. Vice Mayor Ferguson commented that he did not think it was fair to the Commission to be handed a letter tonight from the Mausoleum company and be expected to evaluate it. MQtiQn Commissioner McCray moved to approve Proposed Resolution No. 04-065. Vice Mayor Ferguson seconded the motion that carried unanimously. E.1. Mariners Way (ZNCV O4-001), 800 Mariners Way - Request relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of 40 feet, to allow for a variance of 30 feet, and a front yard setback of 10 feet for a structure within an R-3 zoning district Mayor Taylor explained that staff and the CRA recommended denial of this item. They did not feel there was a hardship. Mayor Taylor felt that there is a hardship because there is currently no bathroom facility near the pool. He visited the site and saw no better place to put it than where it is proposed to be located. There is a neighbor who is concerned that the tiki hut would block his view but he had no problem with the restroom. Mayor Taylor understood that the applicant was willing to lower the tiki hut by two feet. He asked whether that would be acceptable to the neighbor. Aola Walden, 844 East Drive, was concerned regarding noise from the tiki hut. Tt will be within 10 feet of her community and that is where people will congregate for parties. She had no problem with the restroom. Seamus Murphy, 760 Mariners Way, explained that the tiki hut was built without a permit and that was a big mistake. Mariners Way is a community of 32 units. It is about 1/4 mile from the end unit to the pool so it is inconvenient to use a restroom. They put the tiki hut at the location it is because it was the logical place for it. They are willing to lower the height of the tiki hut by two feet. 13 Meeting Minutes Regular City Commission Meeting Boynton Be~ch, Florid~ April 20, 2004 Regarding the noise concern, Mr. Murphy said that this community is not a large one and it is a mixed age community. There has never been a noise problem there. They are just looking for a place to get out of the sun and watch their children. Commissioner McKoy asked what the hours of operation would be. Mr. Murphy said that it is open to residents all the time. They must use a key to enter and exit. Buddy Hurwit said that he and his wife own the property immediately adjacent to the swimming pool area. They bought this property 11/2 years ago with the intention of building a waterfront home. They went to the Planning & Zoning Division and were assured that there was a 40-foot setback and it would be impossible for Mariners Way to ever build anything there. Mr. Hurwit closed on the property and found that this tiki hut was built approximately 10 feet from his property line and it is about 111/2 feet high from the deck of their pool. Photographs were presented that are on file in the Office of the City Clerk. Mr. Hurwit was concerned that the tiki hut would block his view. l~f the hut would remain as it is, he requested that the Commission deny this variance. However, he felt that a compromise could be worked out with the residents of Mariners Way. l:f they made the tiki hut with a sloped roof instead of a pitched roof and there was a height limit of 8 feet, he would not object. Also, he had no objection to the restroom. Mayor Taylor thought that was a good compromise. K. P. Hislop, Agent for the applicant, explained that the height of the tiki hut is now 1:1' 2". He felt that there might be a danger of people walking into it if they lower it to 8 feet. He could accept 9 feet. Mayor Taylor suggested placing a warning sign there. Mr. Hislop then agreed to 8 feet. City Attorney Cherof stated that he concurred with staff's opinion that the applicant has not established a legal basis for granting the variance. Our code is a hardship based variance process. Under Florida law, hardship means that absent the variance, there would be no use of the property at all. However, there is use of the property. Therefore, this does not meet the legal standard for granting a variance. Commissioner Ensler asked whether there was anything in the code that requires a bathroom by the pool. Mike Rumpf, Planning & Zoning Director, said that he could not speak regarding technical codes. Commissioner Ensier asked whether the requested bathroom was ADA compliant. Mr. Rumpf said they did not have plans to veriff/that. Commissioner Ensler did not understand how the Commission could vote on something without plans being submitted. Mr. Rumpf explained that when a variance is being reviewed, all staff needs are the characteristics of the site and structures. One of the criteria that they use to review a hardship is that the variance granted is the minimum variance that will make possible the reasonable use of the land, building and structure. Tn his professional opinion, where a structure can be placed MeeUng Minutes Regular City Commission Meeting B0Yntpn Bepch, Flprid~ Aoril 20, 2004 an additional one foot away minimizing the variance by a foot, then that criteria has not been met. It is staff's opinion that the bathroom has been placed where it is to further justify supporting the existing structure that is partially constructed. Commissioner Ensler asked whether there was a reasonable place to put it where no variance would be required. Mr. Rumpf said that was true for the bathroom. However, he conceded that it would not be ideal for the applicant as it may not be as close to a water or sewer line as they would like and it may interfere with green areas. Commissioner Ensler was surprised that a variance was needed for a tiki hut because it is totally opened. He asked what the code says regarding this type of structure. Mr. Rumpf explained that a tiki hut is defined as a structure and therefore, subject to setbacks. There are exemptions in the zoning regulations that provide setback relief for certain elements and they are specifically defined. A few examples are trellises, eaves, cornices, fences and accessory structures. There are height or size stipulations with many of these. Commissioner McCray commented that a compromise has been reached. There is a need for a bathroom. ]:t is an improvement to the property and he was in favor of granting the tiki hut with an 8-foot height and allowing the bathroom to stay where it is. Mayor Taylor agreed. Commissioner Ensler was willing to vote for it also. He was concerned regarding the City Attorney's comments. This structure could be called many things. The compromise fits within the requirements of the code. With regard to the bathroom, he felt that reasonableness is a matter of hardship and he would vote for that. Vice Mayor Ferguson was in favor of the bathroom but he thought it was a dangerous precedent to set with the tiki hut and he could not vote for that. Commissioner McKoy thought it would be appropriate to allow the bathroom. There has been a compromise made with the roof of the tiki hut. He had some concerns regarding the legal issues. Aola Walden, 844 East Drive, asked whether the Commission could stipulate some conditions of approval for how late or how loud they could be if they approved this. Mayor Taylor explained that it was a gated community and the Commission could not restrict them. Tf there were a noise complaint, they would investigate that. Motion Commissioner McCray moved to grant Mariners Way the 8-foot tiki hut with a sign reading, "Please watch your head" and let the bathroom remain where it is. Commissioner McKo¥ seconded the motion. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, FIQridp April 20, 2004 Commissioner Ensler requested that tiki hut be changed to "structure." Commissioner McCray changed his motion to use the word "structure." VQte The motion carded ~, to I with Vice Mayor Ferguson dissenting. G. Appropriate $7,000 from the Law Enforcement Trust Fund (federal forfeiture funds) to pay for the production and broadcast of an anti-drug public service announcement Marshall Gage, Police Chief, explained that this item is a 20 to 30 second anti-drug campaign/recruitment campaign. With the City's Early Retirement Incentive Plan, he would be losing 13 officers over the next six months. Some funds are required to go into anti-drug programs and this meets the criteria for that. It would also help with recruitment. There will be approximately 80 commercials over a three-week period in about a dozen different media in Palm Beach County targeting 18-35 year olds. Motion Commissioner McCray moved to approve. Motion was seconded by Vice Mayor Ferguson and carried unanimously. T. Authorize the use of $2,000 of Community Investment Funds to Committed Citizens Concerned about our Children, Inc. by Commissioner McCray Commissioner McCray wanted to ensure that there was an updated incorporation form from Citizens Concerned about our Children, Inc. submitted to the City before they receive the $2,000 grant. Motion Commissioner McKo¥ moved to approve with the stipulation as stated in the record. Vice Mayor Ferguson seconded the motion that carried unanimously. V~T. CODE COMPLTANCE & LEGAL SE'FrLEMENTS: None VTTT. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMZTS A. Project: Mixed Use Code Review (CDRV 04-001) Agent: City initiated Description: Request for approval of proposed amendments to Chapter 2 Zoning, Section 6.F. Mixed Use Zoning Districts Motign Vice Mayor Ferguson made a motion to remove the item from the table. Motion was seconded by Commissioner McKoy and carried unanimously. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida ADril 20, 2004 Dick Hudson, Senior Planner, presented the item. He explained that these were proposed amendments to the zoning regulations for Mixed Use-High intensity and Mixed-Use Low intensity. The location where this would be applied is the Federal Highway corridor between the Boynton C-16 Canal on the north and Woolbright Road on the south and between the Tntracoastal Waterway on the east and the right-of-way of the Florida East Coast Railway on the west. Staff made some changes that are contained in the staff report. The first changes were with the schedule of permitted, principal, accessory and conditional uses. They added several including the live-work units as permitted uses in both zoning districts. They also added Self- storage or Mini Warehouse use as a conditional use only in the Mixed-Use Low zoning district. Supplemental regulations for both of those new uses were added. At the request of the CRA Director, they added Boutique Hotel as a conditional use in the Mixed-Use High and required it to be a part of a mixed-use project. They looked at some conditional uses and felt that the conditions in the use table were sufficient. A few uses were left as conditional uses. They discovered that Marina had not been allowed as a use in the district and they added this as a conditional use. There have been two public hearings and a workshop with the CRA and extensive input from INCA. Most of the suggestions have been incorporated into the ordinance. They changed the building site regulations. They increased the setback in the Mixed-Use High to 15 feet in order to get broader sidewalks in the downtown area. They added Iocational requirements for all uses other than single-family detached and duplexes. The height and density is based on the road on which the project fronts. If a project fronts on a local street, it can only be a single-family detached project or a duplex. They added additional requirements for the rezoning of single-family residential to go to a Mixed-Use zoning district. There was a recommendation from the CRA to make Performing Arts Theater a conditional use in the Mixed-Use Low district. Tt is now only a conditional use in the Mixed-Use High district. The CRA also requested to add Fine Arts Auction House as a permitted use in the Mixed-Use High district. If the Commission wishes to do that, staff will add a definition for Fine Arts Auction House. The other suggestions from CRA were to reduce the minimum parcel size for a hotel from three acres to one acre and reduce the average size of minimum living area for apartments or multi- family from 1,000 square feet to 850 square feet. Mr. Hudson said that staff recommends approval of the text amendments. Buck Buchanan, 807 Ocean Inlet Drive, is the president of the ]~nlet Cove Association, also known as INCA. At the CRA meeting, it was mentioned that single-family dwellings were a permitted use. Mr. Hudson replied that they are. 17 MeeUng Minutes Regular City Commission Meeting Bovnton Be~ch, Florid~ April 20, 2004 Mr. Buchanan thanked staff for their hard work and for incorporating public input into the final product. These mixed-use regulations, in conjunction with the Land Development Regulations and design guidelines to be promulgated later this year, should result in desirable development within the CRA. He wanted to make it clear on the record that INCA wants to have its residential areas removed from consideration for mixed-use. They did not think it was appropriate to have mixed-use within their residential areas. Also, they are looking forward to the development of IPUD regulations that are as harmonious with the neighborhoods as these mixed-use regulations appear to be. 3ason Mankoff, Weiner & Aronson, 102 N. Swinton Avenue, Delray Beach, reviewed the definition of Hotel and Hotel Boutique. Under the definition of Hotel, it says a building containing 20 or more guest rooms. Hotel Boutique is defined as containing :[0 to :[5 guest rooms. He wondered whether there was an intent to eliminate the :[6 to :[9 unit hotels. Mr. Hudson said that he could incorporate that change. Hike Fitzpatrick, 175 SW 2nd Street, said that the Greenways Task Force was looking for a linkage along the east side of the FEC Railroad running the whole length of the FEC Railroad. The main way to get some of that land now was to bargain with the developers. Mr. Fitzpatrick wanted to know whether this would strengthen or weaken the Commission's ability to obtain this strip of land. Mr. Hudson said that greenways have not been addressed in this code review. Mr. Fitzpatrick asked whether this would automatically change all the zoning when this passes. City Manager Bressner explained that this does not change the zoning at all. A developer must come in and request the zoning. As long as the property has a underlying land use of mixed- use, that is the first step and then the property would have to be rezoned to allow for this. Each development stands on its own. Commissioner McCray commented that :iNCA wants the residential areas out of the mixed-use. Mr. Hudson said that would require a land use amendment for those properties. City Manager Bressner felt that INCA should formalize that in a letter and then that would be a policy matter for the Commission to consider as a potential amendment to the land use plan. M~ti~n Vice Mayor Ferguson moved to approve with the recommendations from the CRA. Commissioner McCray seconded the motion that carried unanimously. The meeting recessed at 8:16 P.M. and reconvened at 8:25 p.m. B. Special Warranty Deed conveying title from the City of Boynton Beach to Habitat for Humanity of South Palm Beach County, Thc. for Lot 353, Cherry Hills (Proposed Resolution No. R04-067) :[8 Meeting Minutes Regular City Commission Meeting Boynt0n Beach, Florida ADril 20, 2004 City Attorney Cherof read Proposed Resolution No. R04-067 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Resolution No. R04-067. Motion was seconded by Commissioner McCray and carried unanimously. C. Project: Dunkin Donuts (COUS 04-001) Agent: Ronald L. Uphoff Owner: Roderick H. Cushman Location: 1317 South Federal Highway Description: Request for Conditional Use approval for a 2,474 square foot drive-thru restaurant on a 0.43-acre parcel in a C-3 zoning district Ronald Uphoff, the owner's representative, was present to answer any questions. Mike Rumpf, Planning & Zoning Director, reported that staff supports this request when all conditions of approval are met. Mr. Uphoff acknowledged that he agreed with the 29 conditions of approval. Motion Commissioner McCray moved to approve. Vice Mayor Ferguson seconded the motion that carried unanimously. TX. CZ'FY MANAGER'S REPORT: None X. FUTURE AGENDA TI'EMS: A. Approval of Task Order #R04-5-04 in the amount of $81,366 to CH2M Hill, ]:nc. for architectural and engineering services for design and construction administration for Senior Center Phase ]:]:]: - Proposed ResoluUon No. R04- 04'1 (TABLED ON 03/.Z6/04 TO 05/04/04) B. Discussion regarding Non Quasi-judicial Advisory Board Consolidation (May 4, 2004) C. Status Report on Old High School (May 18, 2004) D. Approve Amendment #1 to Work Authorization #1, CH2M Hill for $44,000 (Amendment #1 provides for the hardening of the Community/Fire Training Room at Fire Station #2) (Proposed Resolution No, R04- ) (May 18 2004) E. Additional Property Tax Assessment Exemption for Tncome Eligible Senior Citizens per FSS 196.075 (May 2004) 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, FIoridi~ April 20, 2004 F. Proposed Ordinance No. 04-013 Re: Development of Regional Impact Amendment (DRIA) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DRI project from Motorola to Renaissance Commons (2"~ READING TABLED ON 04/07/04 - AWA.rlTN~; APPROVAL IRON D,C,A, ON COI~fPAN$ON ORD_rNANCE) (3une 2004) G. Workshop regarding City Hall/Public Safety Space Needs Report ('FBA) H. Proposed Lease Agreement with Boynton Woman's Club (TBA) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 04-005 Re: Amending Chapter 9, "Fire Protection and Prevention," Article II, Creating a new subsection 9- 24, "Requirements for high-rise buildings and buildings with six or more stories (TABLED ON 03/.~6/04) Motion Commissioner McCray made a motion to remove this item from the table. Vice Mayor Ferguson seconded the motion that carried unanimously. Motion Vice Mayor Ferguson moved to retable the item to accommodate advertising. Commissioner McKoy seconded the motion that carried unanimously. 2. Intentionally left blank 3. Proposed Ordinance No. 04-0:1.9 Re: Annexation of 17.12- acres of unincorporated land to be concurrently reclassified and rezoned for 17 single-family homes (Bermuda Bay) City Attorney Cherof read Proposed Ordinance No. 04-019 by title only. There was no one from the public who wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-019. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 20 Meeting Minutes Regular City Commission Meeting BoYnton Beach, Floridp April 20, 2004 4. Proposed Ordinance No. 04-020 Re: Amending the Comprehensive Plan Future Land Use Map to reclassify 17.12-acres from MR-5 Residential (Palm Beach County) to Low Density Residential (4.84 du/ac) (Bermuda Bay) City Attorney Cherof read Proposed Ordinance No, 04-020 by title only, There was no one from the public who wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-020, Commissioner McCray seconded the motion, City Clerk Prainito called the roll and the motion carried unanimously. 5. Proposed Ordinance No. 04-O21 Re: Rezoning 17.12-acres from GC-General Commerce, AR-Agricultural Residential, RS-Residential (Palm Beach County) to RI-AAB Single Family Residential (Bermuda Bay) City Attorney Cherof read Proposed Ordinance No. 04-021 by title only. There was no one from the public who wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 0~-021. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 6. Proposed Ordinance No. 04-022 Re: Amending the Comprehensive Plan Future Land Use Map to reclassi~ 18.32-acres from Agriculture (A) to Low Density Residential (4.84 du/ac) (Anderson PUD) City Attorney Cherof read Proposed Ordinance No. 04-022 by title only. There was no one from the public who wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 0~-022. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 7. Proposed Ordinance No. 04-023 Re: Rezoning :L8.32-acres from AG-Agriculture to PUD-Planned Unit Development (Anderson PUD) City Attorney Cherof read Proposed Ordinance No. 04-023 by title only. There was no one from the public who wished to speak. Motion Commissioner McCray moved to approve Proposed Ordinance No. 0~-023. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 21 Meeting Minutes Regular City Commission Meeting Bovnt~n Beach, Flgrid~ April 20, 2004 8. Proposed Ordinance No. 04-024 Re: Amending the Comprehensive Plan to add i objective and 3 policies to the Future Land Use Element of the Comprehensive Plan, to add development thresholds applicable to the Urban Central Business District City Attorney Cherof read Proposed Ordinance No. 04-024 by title only. There was no one from the public who wished to speak. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-024. Vice Mayor Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 9. Proposed Ordinance No. 04-025 Re: Reclassifying multiple properties totaling _+15.036 acres from Mixed Use (MX) to Mixed Use-Core (MX-C), retaining the existing Conservation Overlay City Attorney Cherof read Proposed Ordinance No. 04-025 by title only. There was no one from the public who wished to speak. M~Uon Commissioner McCray moved to approve Proposed Ordinance No. 04-025. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 10. Proposed Ordinance No. 04-026 Re: Amending Chapter 13, "Licenses," Article T, "Occupational Licenses" of the Code of Ordinances to amend Section 13-7, "Application and Reapplication Fee," providing for additional inspection fees if additional inspections warranted by the applicant's proposed use of property and amending Section 13-25, "Businesses that handle hazardous materials or waste" of the Code of Ordinances City Attorney Cherof read Proposed Ordinance No. 04-026 by title only. There was no one from the public who wished to speak. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-026. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 11. Proposed Ordinance No. 04-027 Re: Amending Chapter 1, "General Provisions," Article V:[I, "Appeals," Section 1.D of the Land Development Regulations removing environmental review permits from the City Commission appeal process; amending Chapter 2, "Zoning," Sections 4.N, 5, 6, 7, and 8 of the Land Development Regulations, 22 Meeting Minutes Regular City Commission Meeting Boynton Beach, FIQrida APril 20, 2004 providing for Fire Department hazardous material disclosure toxic substance permits in accordance with Part T:[, Section 9-71 of this code with respect to various uses within each zoning district; deleting Section 11.1.T; and deleting Section 11.3, removing the use of the Environmental Review Committee from the environmental review permit approval process City Attorney Cherof read Proposed Ordinance No. 04-027 by title only. There was no one from the public who wished to speak. Commissioner Ensler questioned what the Concurrency Review Board was that is mentioned on page 3 of the ordinance. City Attorney Cherof explained that the Concurrency Review Board is an administrative staff board that meets from time to time to study concurrency issues raised by permits. Mgtion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-027. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 12. Proposed Ordinance No. 04-028 Re: Amending Chapter 9, "Fire Protection and Prevention," amending Section 9-30, "Duties of Officers" of the Code of Ordinances, authorizing officers of the Fire and Life Safeb/ Division to enforce ail laws concerning toxic substances and amending Section 9-71, "Disclosure and Safety Requirements," of the Code of Ordinances, requiring a hazardous material disclosure/toxic substance permit for all businesses, new and existing, using, handling, storing or displaying hazardous or toxic substances City Attorney Cherof read Proposed Ordinance No. 04-028 by title only. There was no one from the public who wished to speak. Commissioner Ensler said that this was now required as part of the application for a site plan review. He questioned whether that was something new. Nancy Byrne, Assistant Development Director, explained that they are taking it out of an Environmental Review Committee format and putting it directing in the Planning &, Zoning Division, the Building Division and the Occupational Licensing Division. Those are the three areas where the City can capture businesses coming in that potentially would store hazardous materials. :It is normally reviewed as part of a site plan if we know the business that will occupy the site. [f they are coming in with a generic site plan that is a warehouse or a shell building, it is then caught at building permit or occupational licensing time. Commissioner Ensler noted that the requirement at the top of page 6 of the ordinance says that the application is part of the site plan. He asked that if someone came in with storage of chemicals, would that be required as part of the site plan. 23 Meeting Minutes Regular City Commission Meeting Bcynton Beach, FIQri~la April 20, 2004 Ms. Byrne replied that it would. The Fire Department sits on the Site Plan Review Committee and appropriate comments would be generated by the Building Division, Planning & Zoning Division and the Fire Department. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-028. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. B. Ordinances - 1~ Reading 1. Proposed Ordinance No. 04-029 Re: Amending Chapter 24, "Taxicabs," of the Code of Ordinances, Part II, and creating a revised Chapter 24 entitled "Vehicles for Hire" City Attorney Cherof read Proposed Ordinance No. 04-029 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-029. Motion was seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried unanimously. 2. Proposed Ordinance No. 04-030 Re: Revisions to Chapter 10 "Garbage, Trash and Offensive Conditions" of the Code of Ordinances, Part II City Attorney Cherof read Proposed Ordinance No. 04-030 by title only. Vice Mayor Ferguson objected to the increase in refuse fees from $6 to sg for mufti-family residential. He felt that it was too high. He would agree to raise the rates from $6 to $7.50 now and then perhaps raise the fees higher next year. City Manager Bressner said that staff prepared an analysis of the rates and that is the basis for the recommendation. Mgtign Commissioner McCray moved to approve Proposed Ordinance No. 04-030. Commission McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried 4 to i with Vice Mayor Ferguson dissenting. 3. Proposed Ordinance No. 04-03:L Re: Revisions to Ordinance No. 01-64 (Arts Commission) City Attorney Cherof read Proposed Ordinance No. 04-031 by tiUe only. 24 Meeting Minutes Regular City Commission Meeting BovntQn Beach, FIQridp Aoril 20, 2004 Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-031. Commissioner McKoy seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. C. Resolutions: None D. Other: 1. Tntentionally left blank 2. Reconsideration of Ordinance No. 04-009 regarding consolidation of powers of the Nuisance Abatement Board and the Code Compliance Board Mayor Taylor thought that the only consideration was that the Chair had to be an attorney. City Attorney Cherof explained that, by State Statute, the Nuisance Abatement Board Chair must be an attorney. Commissioner McCray wanted to know whether he was correct in thinking that the Chair of the Code Compliance Board would not be required to be an attorney; however, if there was a nuisance abatement case, he would need to step aside and let the Chair of the Nuisance Abatement Board step in. City Attorney Cherof replied that Commissioner McCray was correct and if no attorney was available to serve as chair, someone would need to be contacted in advance and appointed to be the Chair Pro-rem. The consensus was to remove this item from the agenda and let Ordinance No. 04-009 stand. 3. Reconsideration of Ordinance No. 04-010 regarding consolidation of powers of the Building Board of Adjustment and Appeals with the Planning and Development Board Vice Mayor Ferguson said that the Building Board of Adjustment & Appeals meets very infrequently and this ordinance would impose the requirements for that board onto the Planning & Development Board that meets regularly and does a very good job. Motion Vice Mayor Ferguson moved to rescind Ordinance No. 04-010. Commissioner McCray seconded the motion. Commissioner Ensler said that the requirement for membership on the Planning & Development Board is that preference be given, where possible, to design professionals licensed in the disciplines of architecture, landscape architecture, landscape designing and planning. He felt that it was good to have people on the Board that understand the technical issues. It is also good to have people on the board who are not design professionals who can see the items from 25 MeeUng Minutes Regular City Commission Meeting BoYnton Beach, Florida April 20, 2004 a different perspective. He felt that a mixture on the Board was healthy. By combining the Boards, items that go to the Building Board of Adjustment IA Appeals will now go to the Planning lA Development Board where the experience of that Board will lead to better decisions dealing with appeals. After the last Commission meeting, the Chair of the Planning lA Development discussed this issue with him. He thought they were starting to see some value in having some number of people who are on the Planning & Development Board with some technical background. He believes this is a significant improvement and would help the board better address the issues. City Attorney reported that the item on the agenda is to reconsider; therefore, a motion to rescind would require a super-majority vote. Vice Mayor Ferguson withdrew his motion to rescind. City Attorney Cherof explained that if the motion to reconsider is passed, the issue is back for discussion of the second reading of the Ordinance. If the Commission does not pass it, then the ordinance dies. However, this would not require a super-majority vote. Motion Vice Mayor Ferguson made a motion to reconsider Ordinance No. 04-010. Commissioner Ensler seconded the motion that carried unanimously. City Attorney read Proposed Ordinance No. 04-010 by title only. Lee Wische, :~302 SW :1.8u~ Street, said that he and Commissioner Ensler discussed the situation. Commissioner Ensler suggested having four people who were certified. He felt that four certified and five at-large people were a good combination. However, he did not realize that there are already three people on the Planning lA Development Board that are certified. They are Mike Fitzpatrick, builder; Sergio Casaine, certified on building docks all over the world and Steve Myott. The Planning lA Development Board puts in many hours and he felt that the members were qualified because most of the time the Commission accepts their recommendations. Mr. Wische thought that this was a "slap in the face" that said the Commission does not really think the Board is doing the job and wanting to put in a few people from the Building Board of Adjustment lA Appeals who meet every three or four years and never come to a Commission meeting. Mayor Taylor said that this was to combine two boards, one of which rarely meets. He asked City Attorney how the next item, item 4, tied in with item 3. City Attorney Cherof explained that item 4 was a proposal to address the concern that the criteria of the Building Board of Adjustment lA Appeals would suddenly be the requirements for the Planning lA Development Board. It was an attempt to find a balance on the Planning lA Development Board and to have four members who are licensed professionals and five lay members. However, when the Board would hear a matter of appeal of the Building Code, then 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida April 20, 2004 the Chairman would comprise a hearing board of three of the four professionals and one additional member and the Chair. MgtiQn Mayor Taylor moved to consolidate the powers of the Building Board of Adjustment & Appeals with the Planning & Development Board and that it be comprised of a minimum of four licensed individuals and five at-large people. When they are hearing issues concerning the Building Board of Adjustment & Appeals, the meeting be conducted as outlined by the City Attorney. Commission Ensler seconded the motion with the following change: remove the word "minimum" for technical people, which means there would always be five at-large people on the board. Mayor Taylor accepted the amendment to the motion. VQte A roll call vote was requested. City Clerk Prainito called the roll and the motion failed 2 to 3 with Vice Mayor Ferguson, Commissioner McCray and Commissioner McKoy dissenting. City Attorney Cherof clarified that Ordinance 04-010 failed on second reading. 4. Discussion of proposed ordinance to establish composition of Planning & Development Board There was no need to address this item. XIII, UNFINISHED BUSINESS: None XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 8:58 p.m. C~-I'Y Of BOYNTON BEACH ATTEST: De~uW CiW clerk (5/3/~) C~m~ssio~er 27 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building PROJECT NAME: Mariner's Way Engineering 0cc. License Deputy City Clerk APPLICANT'S AGENT: K.P. Hislop APPLICANT'S ADDRESS: 744 Mariners Way Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 16, 2004 tabled until April 20, 2004 TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning, Section 5.C.2.A, requiring a minimum front yard setback of forty (40) feet, to allow for a variance of thirty (30) feet, and a front yard setback of ten (10) feet for a structure within a R-3 zoning district. LOCATION OF PROPERTY: 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 Community Redevelopment Agency 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 Applic,)nt'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 property shall be made in accordance with the terms and conditions of this order. 7'. Other DATED: ~ City Clerk S:~Planning\SHARE. D\WP\PROJECTS\Mariners Way~NCV I in. = 221.6 feet BOYNTON. CANAL C-16 NE.:~rH.~VE I LOCATION MAP MARINERS WAY EXHIBIT "A" 4 , ~ .,~, , EXHIBIT"B" ! I=-.I ;~1 I=- , I :-' I'-~.hl I~ · i.~1 i~.11~ [jiii, .... ' ,,, . ,, / i [ . ~/ I . ~ ~ / Ii i I ~ I , ~ ~ -'~ - -., The City of Bo nton Beach . '-" DEVELOPMENT DEPARTMENT PI.ANNZNG AND ZONING DZWSON 100 E. ~ Beach Bou~vard P,O. Box 310 Boynltm Beach, Florida 33425'0310 TEI~ 561-742'6260 FAX: 561-742'6259 Mr. I~on Hi,lop Mminers Way Homeowners Association Boynton Beach. Florida Re: M,riner, W,y Tiki Hut MM~P 03-0108 Dear Mr. I-I~lop: Tn re.ponee 1=o your requeet dated October 21, 2003 for the adminigbrati*v'e ~e*v'iew and approval o~: the modi£±¢abione propo.ed to the above-referenced approved e±be plan, dep±¢bin~ the · In~tallat±on o£ a T±k± 'Hut: bu±ld±n~] (a~ depicted on the attached dra~ing) . Plea.e be info.ed that the proposed changeo on the revi.ed plan date et:amped 10/22/03 are ~ot "minor" as defined within the hand Development Regulation., Chapter 4- Sibe Plan Review. Thi. pro~ect z~rlr zzot: continue to be proce..ed by the Bu±ld±n~ D±~±.ion permit application. Be advised that the proposed change requires a Z.on/n~ Code Variance for the encroachment into the required side yard setback. That process involves Board and Commission action .above and beyond staff interaction. The applicant must also demonstrate'a hardship in complyin~ with the 'City's development regulations associated, with the construction of your project. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, ~Planner Cc: Karen Main, Plan Review Analyst :' ..... EXHIBIT "D" $. Statement of goee'...ml eo'a~ions, hardships or reasons mstifvin~' reouested ~ or vattan~, Respond ,to six (6) questions below (A-F) on a se_tmrate sheet. not applicable to otl~ landg ~ctures or buitdi~, ln th~ ~m~ m~ird ~trlct: We ave planning to §uild a tild hat and bathroom in the pool area for the safety and convenience of homtowners. The commnuity comprises thirty-two townhouses, and the pool is small. There art no shade trees. The 40' sethatk was intended for the roadway and turnaround which is contiguous to the pool The homes adjacent are single family. When Manatee Cove was constructed in 1986 Code did not require a bathroom at the pool Now, a variance is necessary for as to bring it up to code mandated by Florida Building Code, Chapter 424.1.6.1. sec. exception. Also, the tiki hut is planned to provide shade for pool users since there are no shade trees there. Both structures benefit the health and welfare of homeowners and guests. Other applicants in the tuning district have, in fnet, received variances. Eight landowners in the llarbor Estates have been granted 10' rear setbacks. Two of these, lots 838 and 39, are e0nfignous to the pool area of Manatee Cove. Also, Mariners Village, which is across the canal in clear view of our community, has both a fiki hut and bathroom at the community pool Our not providi~ n bathroom at the pool presents an inconvenienee for komcowners; more importantly, it jeopardizes the hmlth of pool users (Florida Building Code, Chapter 424.1.6.1). Clearly, variances have been granted to landowners in Harbor Estates to build structures which loom over our pool area.. Also, Manatee Cove homeowners must leave the pool to use rest-rooms at home (a walk of up to 974 feet); Mariners V'dlage homeowners, on the other hand, have the convenience of a restroom at the pool Protection from the sun, not provided at Manatee Cove, is afforded Mariners V'dlage in the form of a tiki hut siniilar to the one we would tike to build. Such sun protection is essential protection for people of all ages who use the pool The position of the tiki hut provides shade in an area away from the pool itself- Considering the size and configuration of the pool area, road/turnaround, and the water pipes, there are no other places to construct the bathroon~ Thus, the variance requested is the minimum variance to provide a lOt rear set-back to construct the minimum structure all,wed by the Florida Access Code, Le. 5'8" X 5'8". This will be a unisex bathroom with handicap faeiliffesti~ will ~viate a health hazard for pool mers. F. That the grarth~ ~ ~ ~ll be tn harrno~with the general intent ardpurlx~ of this chapter and that such ~ will not b~, infitri~ to the area involved or othan~e tlgttm~al to the public welfar~ The bathroom and tiki hut are necessary, foe. the health.and gafety of users of the pool These structures conform to the intent of the chapter to make the recreation area safe for people using it while protecting the environment; it does not interfere in any way with the well-being of neighbors or any other members of the public. Also, the desi~, and color conform to that of the townhouses and will blend aesthetically. EXHIBIT "E" Conditions of Approval Project name: Mariner's Way File number: ZNCV 04-001 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 Comments: None X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. Variance approved but limiting structure height to 8 feet. X s 5PIanning\SHARED\WP~PROJECTSWIariners WayXZNCV 04-001 \COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE _ CITY OF BOYNTON BEACH, FLORIDA °svelopme.t &z ;uilding PROJECT NAME: Coastal Bay Colony ingineerlng ~cc. License ~eputy City Clerk APPLICANT'S AGENT: Carlos Ballb~ APPLICANT'S ADDRESS: 2201 West Prospect Road, Suite 100, Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2004 TYPE OF RELIEF SOUGHT: Site Plan Time Extension LOCATION OF PROPERTY: Southwest corner of Federal Highway and SE 23rd Avenue intersection 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 Community Redevelopment Agency 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 property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: Cit~ Clerk S:\Planning\SHARED\WP\PROJECTS\Southern )f Palm Beach\Coastal Bay Colony~SPTE 002\DO.doc Location Map EXHIBIT"A" COASTAL BAY COLONY R3 EXHIBIT "C" Conditions of Approval Project name: Coastal Bay Colony File number: SPTE 04-002 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 Comments: None X ADDITIONAL COMMUNITY RECEVELOPMENT AGENCY BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:XPlanningXSHARED\WP~PROJECTSXSouthem Homes of Palm Beach\Coastal Bay Colony\SPTE 04-002\COA.doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE · CITY OF BOYNTON BEACH, FLORIDA Development P&Z PROJECT NAME: Dunkin Donuts / Baskin Robbins Building Engineering Otc. ~-icense APPLICANT'S AGENT: Mr. Ron L. Uphoff D~p,;}, City Clerk APPLICANT'S ADDRESS: 4483-D Willow Pond Road West Palm Beach, FL 33417 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 20, 2003 TYPE OF RELIEF SOUGHT: Request conditional use / major site plan modification approval for the construction of a 2,192 square foot fast-food restaurant with a drive- through facility on a 0.43-acre parcel in the C-3 zoning district. LOCATION OF PROPERTY: 1317 South Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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 Community Redevelopment Agency Board, which Board found as follows: OR X 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 u-"" GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED:~ , ~ty Clerk S:"~Planning~SHARED\WP~PROJECTS'ff~unkin Donuts-Baskin Robbins\COUS 04-001 DO.doc~'-----.''~ I in. = 100.0 feet 0180 2TH AVE 401 0090 0010 Cml 0170 0111 0021 0121 0030 0130 5090 R-3 LOCATION MAP DUNKIN DONUTS EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" EXHIBIT '"B" m " " BOYNTON BEACH FLORIDA 131'1 SOUTH FEDERAL HIGI-IIIIAY BO'I'NTOft BEACH FLORIDA ,, ,I,, 4,I.,.',, ,,, ,',.' ,,, ! ,,, i,,.,,,," !!' ill "' ~ ' ' ' ' ~ ' ' ~ ~ ~ ' Il '1~ ~ ~ ' ~ ~ ij ! "!llillilllillllJ~Jl! 11,!111~,9 1 : Ii Il: l:ili p " 'I '' :: :: :: ll',i :lq:' o, II , .,, ,-,,. ,.. ,.. · ~ !I ,.,,,, .,.,,,.,~,~,~ .., ] i I ' ] ] ~ll: PROPOSED DUNK]N' DONUTS EXHIBIT "C" Conditions of Am}royal Project name: Dunkin Donuts/Baskin Robbins File number: COUS 04-001 Reference: 2nd review plans identified as a Conditional Use with a March 23, 2004 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: 1. At the time of permitting, provide additional information on the plans X regarding the locations of the turn lanes on Federal Hwy. in front of Dunkin Donuts. ENGINEERING DIVISION Comments: 2. All comments requiring changes and/or corrections to the plans shall be X reflected on all appropriate sheets. 3. Permit(s) from the Florida DOT will be required for any work within the X Federal Hwy. fight-of-way. 4. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 of the Land Development Regulations will be required at the time of permitting. 5. All engineering construction details shall be in accordance with the applicable X City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. UTILITIES Comments: 6. Provide a Utility plan showing the location of water and sanitary sewer X service laterals. 7. All utility easements shall be shown on the site plan and landscape plans (as X well as the Water and Sewer Plans) so that we may determine which appurtenances, trees or shrubbery may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. COA 04/08/04 2 DEPARTMENTS INCLUDE REJECT Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way 8. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m, as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 9. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-I5. 10. Utility construction details will not be reviewed for construction acceptability X at this time. All utility construction details shall be in accordance with the Utilities Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates); they will be reviewed at the time of construction permit application. FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 11. Buildings, structures (such as light poles), and parts thereof shall be designed X to withstand the minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of ASCE 7, Chapter 6, and the provisions of 2001 FBC, Section 1606 (Wind Loads). Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 12. At time of permit review, submit signed and sealed working drawings of the X .proposed construction. 13. Identify within the site data the finish floor elevation (lowest floor elevation) X that is proposed for the building. Verify that the proposed elevation is in compliance with regulations of the code by adding specifications to the site COA 04/08/04 3 DEPARTMENTS INCLUDE REJECT data that address the following issues: · The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation NGVD is above the highest 100-year base flood elevation applicable to the building site, as determined by the SFWMD's surface water management construction development regulations." · From the FIRM map, identify in the site data the title of the flood zone that the building is located within. Where applicable, specify the base flood elevation. If there is no base flood elevation, indicate that on the plans; · Identify the floor elevation that the design professional has established for the building within the footprint of the building that is shown on the drawings titled site plan, floor plan and paving/ drainage (civil plans). 14. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 15. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: · The full name of the project as it appears on the Development Order and the Commission-approved site plan; · The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 16. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 17. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. If the project is multi- family, then all addresses for the particular building type shall be submitted. 18. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the TRC process does not ensure that additional comments may not be generated by the commission and at permit review. COA 04/08/04 4 DEPARTMENTS INCLUDE REJECT 19. Department of Business and Professional Regulation shall review and X approve the plans prior to submittal for a building permit. 20. The outdoor freestanding lighting poles shall be designed to withstand 140- X m.p.h, wind-load capacit7 (Section 1606, Florida Building Code). PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Cornmcnts: 21. If possible, staff recommends preserving the existing Podocarpus tree, which X is currently located along the southern property line. This would involve incorporating a landscaped island around the tree and rcconfiguring the parallel parking spaces and outdoor freestanding lighting fixture around the landscaped island. A modified landscape plan would be required at the time of permitting. Also, staff recommends adding a cluster of palm trees to the portion of the front landscape buffer where the Podocarpus tree was originally proposed for relocation. PLANNING AND ZONING Comments: 22. Staff recommends that a period of one (1) year be allowed to initiate this X project (obtain a building permit). 23. Install clusters of palm trees (preferably native) rather than shade trees within X the remaining portion of the west landscape buffer. 24. On the elevation "exterior finish materal schedule" on sheet A2, correctly X identify the following color: EIFS-3: SW #6385 Dover White (white). 25. On the landscape plan, ensure that the plant quantities must match between X the tabular data and the graphic illustration. 26. The base of the freestanding monument sign shall be painted the same color X as one of the building's colors. 27. At the time of permitting, provide a detail of the proposed internally lit menu X board. It must comply with Chapter 21, Article IV, Section 2.D. of the Land Development Regulations. COA 04/08/04 5 DEPARTMENTS INCLUDE REJECT 28. Staff recommends that the audio component of the menu board (related to the X drive-through facility) should project its sound in any direction other than west so as to not create a potential disturbance to the residential neighborhood 29. Staff recommends incorporating a buffer wall into the design of the west X landscape buffer because the subject property abuts an existing non- conforming residential use. The wall shall be at least six (6) feet in height, stucco, and painted on both sides (Chapter 2, Section 4.L). The row of Redtip Cocoplum shall be planted on the outside of the buffer wall. This can be accomplished at the time of permitting. All plans must match this modification. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 30. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 31. To be determined. ~ MWR/elj S:\Planning\SHARED\WP\PROJECTS\Dunkin Donuts-Baskin Robbins\COUS 04-001\3RD REVIEW COMMENTS.doc EXHIBIT "D" ' RONALD L UPHOFF PLANNER INSPECTOR 4483-D WILLOW POND ROAD WEST PALM BEACH FLORIDA 33417 MARCH 6, 2004 TO: THE PLANNING &ZONING DIVISION, CITY OF BOYNTON BEACH, 100 E BOYNTON BEACH BOULEVARD. P.O.BOX 310 BOYNTON BEACH FLORIDA 33425-0310 RE: PROPOSED SITE PLAN FOR DUNKIN DONUTS 1317 S FEDERAL HIGHWAY- BOYNTON BEACH- CONDITIONAL USE JUSTIFCATION A- PROJECT OVERVIEW: The overall purpose and intent of this request to demolish and replace the existing Dunkin Donuts building located at 1317 South Federal Highway. It is based on two pdmary reasons: 1) The existing Dunkin Donuts store is over thirty years old, undergone several improvements, and is currently nearing the end of its life cycle. So that any further improvements would be economically meaningless and would not resolve the problems created by changing demographics and different customer needs over the past years. 2) Due to changing demographics resulting in a different traffic pattern and customer needs have generated the need, more than ever, for a drive thru, pick up window. Business, over the years, has transformed from a traditional' sit down 'coffee shop to a lake out' high volume coffee shop. Currently approximately sixty percent of the overall busineSs is "take out". The approval of this request will better serve the welfare safety and the general health of the community now and into the future B-JUSTIFICATION: 1) Current site parking and access configuration creates congestion, conflicting traffic flow and virtually no pedestrian circulation, which is an endangerment to the safety of the customers, visiting the store, and general public travelling along Federal Highway. The proposed site plan will alleviate these problems by providing direct pedestrian access from the public side walk on Federal Highway, improve traffic flow and circulation significantly by allowing a two way traffic on the north side, but at the same time allowing full access around the entire building by providing a by pass lane. It will also alleviate the congestion currently caused by 'take out" customers who have currently to park their vehicles for pick up of their orders, by providing a drive thru pick up window. It will also allow easier and quicker pick up of refuse collection, with separate ingress and egress, currently unavailable and additionally full access and circulation to emergency vehicles around the entire building. 2) The proposed improvements will provide improved buffedng to the West Side of the property, by a providing a 6' high solid concrete wall and 4' high hedge. To adjacent properties to the north and south by adding landscaping to soften the noise and activity within the site. The site lighting is shielded on both the west and south property lines to minimize glare and over spill at nighttime. Improvements will add a loading area, currently unav*ailable, better landscaping, improved night EXHIBIT "D". time lighting, better shielding and buffedng to adjacent preperties resulting in a new facility that will be suited to serve the community better and at the same time premoting the welfare, safety and general health of the community at large. 3) Proposed location and configuration of refuse containment will provide safer and quicker refuse collection. Enclosure, along with proposed landscaping, will shield the refuse container. (Currently there is no enclosure). It is also proposed to use the dumpster access lane also as a loading zone. Although this may raise concerns, typically deliveries occur between 12.00 midnight to 2.00 am whereas refuse pick up is between 6 and 7 am twice a week, and is expected to take only a few minutes with the proposed configuration. Also customer traffic is minimal at this time, and proposed north entrance will allow both ingress and egress for this particular reason, should both the by pass lane and the drive thru lane be blocked at the same time, customere may exit through the north entrance. Speclrmally parking spaces on the south side, of the building, will be designated for the exclusive use of employees only thereby ensudng free access for customers to the building at all times. 4) Currently all the utilities, required for the proposed improvement, including water, sewer, electricity and natural gas are existing, and should be adequate for the proposed improvements. 5) Proposed landscaping, a vast improvement from what is existing will previde better screening buffering, appearance and soften the activity within the site from adjacent properties. The proposed landscaping will comply with the city's latest standards. Irrigation, currently non- existent, will also be provided. 6) Proposed signage will comply with current city codes. Signage will only be provided on the west side of the building, facing federal highway, thereby shielding the south and north properties. A monument sign on the north east comer of the preperty will replace the current non-compliant pylon sign. Overall square footage will be less than the maximum allowed by the city sign code. The proposed signage will minimize the impact on the adjacent preperties. 7) The proposed set backs exceed the minimum required by the city's codes and additional landscaping along Federal Highway, currently non-existent, will be provided. 8) The proposed use will remain unchanged from its current use. Use is consistent with the current and future zoning designations for the site (Community Commercial- C3) and use of Local Retain Commercial (LRC) and also with the properties located to the north and south. It will serve the high density and medium densities residential properties to the east and west sides well at the same time providing the necessary buffering and screening. 9) The proposed height of 21 feet ,measured at the highest point of the monolith, is well below the code allowed height of 45', thereby providing a building that is in harmony with the adjacent buildings 10) The proposed improvements will bener~ the community and the city in providing a better and renewed economic stature and tax revenue base. We believe the proposed improvements are consistent with the city's redevelopment plans for this district and changing demographics. 11) The proposed improvements are in compliance with the city's standards as set forth in Chapter 4 of the Land Development Regulations. 12) The proposed improvements are in full compliance with the city's Noise Control Ordinance specifically chapter 15, section 15.8 of the Boynton Beach Code of Ordinances. Exhibit City Commission Mtg. 4/20/04 Golf Digest ~ ~ ............ i ~ online 8, save! 04/19/2004 Best Places to Play State-by-State Listing Golf Digest Golf Digest's definitive new guidebook, Best HOME Places to Play 2004-2005, includes reader GD HANDICAP ratings of more than 3,500 public-access INSTRUCTION ~ ~ golf courses across the United States, Top 50 Instructors Canada, Mexico, Bermuda and the Islands. Breaking 100-90- 8O Swing Seque,ces In this excerpt, we list the top courses, by EQUIPMENT state, to play in the United States. Those The GQ Hot List listed earned a minimum of 4V2 stars out of What's In My Bag? The Winner's Circle a possible 5; for states that did not have at Earn COURSES least three 4Y2-star courses, we show the top four courses based on equil Places to Play the raw ratings. App 13uy Places to Pl~y! 1on Greatest Each listing appears in the following order: name of the facility, the a~d State-by-state NEWS & TOURS course name in parentheses where necessary, town and phone TitleJ Week in Pictures number. Results and Stats FLORIDA World Woods G.C. (Pine Barrens), Brooksville, 352-796-5500 Amelia Island Plantation (Long Point), Amelia Island, 904-261-6161 Arnold Palmer's Bay Hill Club 8, Lodge (Challenger/ Champion), Orlando, 407-876-2429 Celebration G.C., Celebration, 407-566-4653 The Club at Eaglebrooke, Lakeland, 863-701-0101 The Club at Hidden Creek, Navarre, 850-939-4604 El Diablo G. & C.C., Citrus Springs, 352-465-0986 Fairwinds G.Cse., Fort Pierce, 772-462-1955 Grand Cypress G.C. (New, North/East/South), Orlando, 407-239- 1904 Kelly Plantation G.C., Destin, 850-650-7600 Lake 3ovita G. IA C.C., Dade City, 352-588-9200 The Legacy Club at Alaqua Lakes, Longwood, 407-444-9995 The Legacy G. Cse. at Lakewood Ranch, Bradenton, 941-907- 7067 Lely Resort G. IA C.C. (Lely Mustang), Naples, 239-793-2223 . The Links at Boynton Beach (Championship), Boynton Beach, 561- 742-6501 The Moors G.C., Milton, 850-995-4653 Naples Grande G.C., Naples, 239-659-3710 Orange County National G. Ctr. lA Lodge (Crooked Cat, Panther Lake), Winter Garden, 407-656-2626 PGA G.C. (Dye, North, South), Port St. Lucie, 800-800-4653 Riverwood G.C., Port Charlotte, 941-764-6661 Sandestin Resort (Baytowne, Burnt Pines), Destin, 850-267-8155 Southern Dunes G. lA C.C., Haines City, 863-421-4653 Tiburon G.C. (Gold), Naples, 239-594-2040 TPC @ Sawgrass (Stadium), Ponte Vedra Beach, 904-273-3235 TPC of Tampa Bay, Lutz, 813-949-0090 Turnberry Isle Resort lA Club (South), Aventura, 305-933-6929 Victoria Hills G.C., Deland, 386-738-6000 Walt Disney World Resort (Eagle Pines, Osprey Ridge), Lake Buena Vista, 407-939-4653 The Westin Innisbrook Resort (Copperhead, Island), Palm Harbor, 727-942-2000 World G. Village (Slammer & Squire), St. Augustine, 904-940-6100 World Woods G.C. (Rolling Oaks), Brooksville, 352-796-5500 GEORGIA