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Minutes 06-01-04MINUTES OF THE REGULAR Ci'TY COMM]~SSTON MEETING HELD ZN COMMI'SS~[ON CHAMBERSf CTTY HALL~ BOYNTON BEACH~ FLORI'DA ON TUESDAY~ .~UNE 1~ 2004 AT 6:30 P.M. Present Jerry Taylor, Mayor Mike Ferguson, Vice Mayor Bob Ensler, Commissioner Mack McCray, Commissioner Carl McKoy Commissioner Kurt Bressner, City Manager .lim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Call to Order- Mayor Jerry Taylor l~nvocation - Reverend Rick Riccardi, Police Chaplain Pledge of Allegiance to the Flag led by Commissioner Carl McKoy Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Riccardi offered the invocation and noted the passing of former Commissioner and Mayor, James Wamke, who will always be remembered for his valuable service to the City of Boynton Beach. Commissioner McKoy led the Pledge of Allegiance to the Flag. Mayor Taylor announced that there will be a service for former Mayor Warnke on Friday, .lune 4, 2004 at 4:00 p.m. at St. Joseph Church. Mayor Taylor acknowledged Mr. Warnke's many years of service to the City, as well as his years of involvement in the community. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Vice Mayor Ferguson moved to approve the agenda. Motion seconded by Commissioner McCray and unanimously carried. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une :1., 2004 OTHER: A. Informational Items by Members of the City Commission Mr. Ensler was pleased to see the POW/MIA Flag stationed on the dais. He called attention to the fact that the flag is a reminder of all the men and women missing in action. Since WW II there are over 90,000 American men and women, who are missing and will never return. Commissioner McCray thanked Commissioner Ensler for doing an excellent job as the City's keynote speaker at Memorial Day Services. Commissioner McKoy announced that a free lunch program began today summer at the Ezell Hester Community Center. Free breakfast and lunch will be offered to all youth, 18 years of age and younger. 1'I:[. ANNOUNCEMENTS~ PRESENTAT~[ONS: COMMUN:[TY & SPECI~AL EVENTS~ & A. Announcements: None B. Community and Special Events: Information on July 4th Activities (Verbal Report by Staff) Teresa Zabik, Special Events Coordinator, gave an update on the Fourth of 3uly Salute to Independence. The event is scheduled for Sunday, 3uly 4th, beginning at 6:30 p.m. at Intracoastal Park. There will be a live performance by PERIPetual Motion beginning at 7:30 p.m. and the fireworks show will start at 9:00 p.m. Office Depot and the Sun Sentinel are sponsoring the event. C. Presentations: 1. Proclamations: None Presentation of certificates of appreciation to volunteers who participated in the 2003 Great American Clean-up held on Saturday, May 1, 2004 2 Heeting Hinutes Regular City Commission Heeting Boynton Beach, Florida 3une 1, 2004 Dan DeCarlo, the City's Neighborhood Specialist, explained that the City has been involved in the Great American Clean-up for over five years that takes place around April or May of each year. This was one of the biggest turnouts with almost 200 people volunteering. Mr. DeCarlo distributed certificates to representatives of the various groups that participated as follows: AmeriCorps Village Royale on the Green Community Deliverance Church Outreach Program Bethesda Memorial Hospital Deliverance by Faith Church Youth in Government Day Boynton Terrace Neighborhood Association Boynton Hills Neighborhood Association Golfview Harbour Tnternational Pentecostal of the City Church Mission TNCA Treasure ]~sland Four Sea Suns Condo Mayor Taylor thanked everyone for their participation. Commissioner McCray requested that Mr. Bressner announce that some elected officials and staff will be out of town next week. Mr. Bressner announced that four of the City officials, along with some staff, would be participating in the Innovations Group National Conference in Washoe County, Nevada. The City has been invited to make a presentation on the Utility and Community Involvement Program. This is the second year that Boynton Beach has been invited to give a presentation at a national conference. IV. PUBLZC AUDIENCE: INDZVZDUAL SPEAKERS WILL BE LII~IZTED TO 3-MINUTE PRESENTATZONS (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Herb Suss, 1711 Woodfern, Boynton Beach, would like the City Commission to allow people to serve on more than one Board in order to fill vacancies on the Boards. He noted that there is always a lack of candidates and there are current Board members that would be willing to serve on two Boards, as long it was not a quasi- judicial Board. He requested that the Commission give consideration to his recommendation. Mike Taylor, 249 NE 11th Avenue~ Boynton Beach, thanked the City Commission, Assistant City Manager Wilfred Hawkins and Mr. Arthur Lee, Director of Human Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une If 2004 Resources, for doing a great job in finalizing the blue and white collar contracts. He pointed out how diligently Mr. Hawkins and Mr. Lee worked in coming up with a fair contract that was acceptable to all parties. He felt that this new approach would benefit the City and the citizens, as well as the employees. Commissioner McCray also thanked the union representatives for being professionals at the table. Betty Pierce, Parks and Recreation Chairperson, thanked Commissioner Ensler who attended the Recreation and Parks Advisory Board meeting that traveled to Congress Park and .lohn Prince Park in Lake Worth to look at the Boundless Playground. Ms. Pierce would like to hold a workshop for the surrounding Congress Park communities to determine their interest in having a Boundless Playground in their neighborhood. Commissioner Ensler pointed out that the Boundless Playground is suitable for the entire community. He felt that the Playground would be appropriate for that area and explained that a Boundless Playground allows handicapped children to interact with children that are not handicapped. This is a facility that could be enjoyed by all the children in the City. Mayor Taylor closed the public audience. V. ADMZNTSTRA'I'~VE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date III Ferguson Advisory Bd on Children & Youth Alt 1 yr term to 4/05 IV McKoy Advisory Bd on Children & Youth Alt I yr term to 4/05 II McCray Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) IV McKoy Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/07 Tabled (2) Mayor Taylor Bldg, Bd of Adj & Appeals Alt I yr term to 4/05 Tabled (2) I Ensler Bldg, Bd of Adj & Appeals Alt 1 yr term to 4/05 Tabled (2) II McCray Cemetery Board Alt i yr term to 4/05 III Ferguson Cemetery Board Reg 3 yr term to 4/05 IV McKoy Code Compliance Board Alt 1 yr term to 4/05 Mayor Taylor Code Compliance Board Alt 1 yr term to 4/05 IV McKoy Community Relations Board Reg 3 yr term to 4/05 Mayor Taylor Education Advisory Board Stu 1 yr term to 4/05 I Ensler Education Advisory Board Alt 1 yr term to 4/05 4 Tabled (2) Tabled (2) Tabled (2) Tabled (3) Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 II McCray Education Advisory Board Reg 2 yr term to 4/06 III Ferguson Education Advisory Board Reg 2 yr term to 4/06 IV McKoy Education Advisory Board Reg 2 yr term to 4/06 Mayor Taylor Education Advisory Board Alt 1 yr term to 4/05 I Ensler Education Advisory Board Stu 1 yr term to 4/05 III Ferguson Senior Advisory Board Alt 1 yr term to 4/05 Commissioner Ferguson appointed Karilyn Hohner as a Regular Member of the Cemetery Board. Motion Commission McCray moved to approve the appointment. Motion seconded by Commissioner McKoy and unanimously carried. Commissioner McCray moved up Dr. Floyd Beil from an Alternate Member to a Regular Member of the Education Advisory Board. Motion Vice Mayor Ferguson moved to approve the appointment. Motion seconded by Commissioner McKoy and unanimously carried. All other appointments were tabled. 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 part of the Public Record and subject to staff comments. A. Minutes: Regular City Commission Meeting of May 4, 2004 Regular City Commission Meeting of May 18, 2004 Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2003-2004 Adopted Budget Award Bid #033-2821-04/.1A, "WEST WELLFIELD DEVELOPMENT," to Florida Design Contractors, Inc. (FDC) to execute a contract in the amount of $847,960. Also approve an owner's contingency of 10% in the amount of $84,796 for a total project budget appropriate of $932,756 (Proposed Resolution No, 04-076) Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 1, 2004 (TABLED ON $-18-04) (Left on Agenda for review by Interim Utility D/rector) Commissioner Ensler removed Item B. 1 from the Consent Agenda for discussion. Award RFP for "FIVE YEAR CONTRACT FOR VENDING MACHINE SERVICES: SECTION I - BEVERAGE VENDING SERVICES," RFP #044-1411-04/C3D to Florida Coca-Cola Bottling Company of Riviera Beach, Florida (Proposed Resolution No, R04-088) Approve the "piggy back" of the CITY OF WEST PALM BEACH, BID #03/04-06, TO FLORIDA HIGHWAY PRODUCTS, INC. for the MICROSURFACING OF ROADWAYS in the estimated amount of $225,014.82, plus a project funding contingency of $10,985.18, for a total of $236,000 ,, Award "PAINTING OF VARIOUS BUILDINGS AND PLAYGROUND STRUCTURES," Bid #054-2511-04/3A, to EAGLE PAINTING, of Sunrise, Florida in the amount of $13,040 Multi-award the "ANNUAL BID FOR SAFETY CLOTHING AND EQUIPMENT," Bid #046-1412-04/JA, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $50,000 Commissioner McCray removed Item B.5 from the Consent Agenda for discussion. Approve the "piggy back" of the SCHOOL DISTRICT OF PALM BEACH COUNTY, BID #00C-0:[0.] to SOUTH FLORIDA TRANE SERVICE for the REPLACEMENT OF THE MAIN AIR CONDITIIONING UNIT AT THE WEST WATER TREATMENT PLANT at a cost of $31,600 Multi-award "ANNUAL BID FOR HARDWARE SUPPLIES," Bid #053- 1412-04-C]D, on an overall basis to the lowest, most responsible, responsible bidder who meets all specifications with an estimated annual expenditure of $35,000 C. Resolutions: Proposed Resolution No. 04-078 Re: Approving five individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, Phase i Project totaling $1,324,702. Also, approve an owner's contingency of 5% in the amount of $66,235.10 for a total budget appropriate of $1,390,937.10. The 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une l, 2004 owner's contingency of 5% will be applied to individual task orders on an "as needed basis." (TABLED OIV $-.~8-04)(Left on Agenda for review by Interim Utility Dire~or) - Recommendation on this item is to fable the item for one meeting to allow the Interim Utility Director and opportunity to discuss possible cost savings with consultants. Also, the project needs to be "Un-bundled" into five separate parts. Mayor Taylor removed [tem C. 1 from the Consent Agenda for discussion. Proposed Resolution No. R04-089 Re: Authorizing the execution of an Assignment and Assumption Agreement among the City of Boynton Beach, Crossroads Engineering & Surveying, [nc. and Erdman Anthony of Florida, Inc. Proposed Resolution No. R04-090 Re: Approving the Master License Agreement and the Amendment to the License Agreement with Exact Software North America, [nc. for the City's pension software Proposed Resolution No. R04-09:[ Re: Authorizing the execution of an Agreement for Water Service Outside of City Limits with Patrick Webster for the property at 1180 Ridge Road, Lantana, Florida (Lot 130 & W. 1/2 of Lot 131, Ridge Grove) Proposed Resolution No. R04-092 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with William (Wilhelm) Keller for the property at 1200 Alto Road, Lantana, Florida (Lot 305, Ridge Grove Addition 1) Proposed Resolution No. R04-093 Re: Authorizing the execution of an Agreement for Water Service Outside the City Limits with Dorothy M. Wiley for the property at 1207 Peak Road, Lantana, Florida (Lots 253 and 254, Ridge Grove Addition No. :L) Proposed Resolution No. R04-094 Re: Committing to comply with minimum Countywide fire-rescue level of service standards Proposed Resolution No. R04-095 Re: Ratification of Bargaining Agreement between the City of Boynton Beach and the NCF&O, SE[U Local 1227 Blue Collar Bargaining Unit for Fiscal Year 10-01-03 through 09-30-04 7 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une :~, 2004 Commissioner Ensler removed item C.8 from the Consent Agenda for discussion. Proposed Resolution No. R04-096 Re.' Ratification of Bargaining Agreement between the City of Boynton Beach and the NCF&O, SE]:U Local 1227 White Collar Bargaining Unit for Fiscal Year 10-01-03 through 09-30-04 Commissioner Ensler removed ]:tem C.9 from the Consent Agenda for discussion. 10. Proposed Resolution No. R04-097 Re: Authorizing execution of cooperative funding agreement no. DG040192 with the South Florida Water Management District that will provide $50,000 in funding from the District for the North Federal Highway West Side and Park Irrigation Conservation Project D. Ratification of Planning & Development Board Action: Hendricks Variance (ZNCV 04-003), 911 SW 28th Street - Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet Commissioner Ensler removed Ttem D. 1 from the Consent Agenda for discussion. Grove Plaza (MPMD 04-001), South side of Hypoluxo Road, east of Lawrence Road - Request for modification of the subdivision master plan to convert parcel "D' from a 9,000 square foot retail building to an 11,973 square foot retail building Grove Plaza Parcel "D' (NWSP 04-007), South side of Hypoluxo Road, east of Lawrence Road - Request for New Site Plan approval for an 11,973 square foot retail building on a 1.22 acre parcel in a C-3 zoning district ,. (~uantum Park Use Approval (USAP 04-002) Medical Offices), Lot 3, Quantum Park PID - Request for Use Approval to include "Medical Offices" in the list of permitted uses on Lot 3 of the Quantum Park P]:D E. Ratification of CRA Action: None 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Approve the release of Cash Surety (Check #3111, Fidelity Federal Bank & Trust) for Hawk's Landing PUD in the amount of $2,467 Approve the release of cash surety for Boynton Commerce Center in the amount of $1,000 Approve acceptance of cash surety in the amount of $5,100 for site restoration with excavation and fill, Permit #03-1551 for the Quantum Park Lot 34C lake construction Approve return of cash bond to Premier Commercial Realty, ]:nc. in the amount of $2,200 for the project known as Premier Gateway Business Center (Lots 32-38) Approve full release of surety covering the water and sewer systems for the project known as High Ridge Commerce Center, Lots 9-12, to Levitt Commercial High Ridge, LLC. in the amount of $5,125 Approve return of cash bond of $10,468.96 to Centex Homes for the project known as The Harbors (Buildings 3 and 5) Approve acceptance of Performance Bond for Quantum Townhomes East & West (a/k/a Parkside) in the amount of $137,500 Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public Works Department and allow for the sale of same Approval of donation from State Forfeiture Funds in the amount of $5,000 to Lake Worth Community High School Criminal .lustice Academy Approval of donation from State Forfeiture Funds in the amount of $1,000 to Florida Missing Children's Day Authorize the use of Community Investment Funds from Mayor Taylor ($500), Vice Mayor Ferguson ($500), Commissioner Ensler ($2,000) and Commissioner McKoy ($500) to American Legion Post 164 to help offset cost of the 19' x 20' addition for handicapped accessible restrooms for disabled veterans Mayor Taylor called for a motion with the caveat that any item on the consent agenda listed as tabled would be removed from the table and would be considered as having passed. MeeUng Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Motion Commissioner McKoy moved to approve the Consent Agenda, as amended and with the aforementioned caveat. Motion seconded by Commissioner McKoy and unanimously carried. B.i. Award Bid #033-2821-04/3A, "WEST WELLFIELD DEVELOPMENT," to Florida Design Contractors, Inc. (FDC) to execute a contract in the amount of $847,960. Also approve an owner's contingency of 10% in the amount of $84,796 for a total project budget appropriate of $932,756 (Proposed Resolution No, 04-076) (TABLED ON $-1B-04) (Left on Agenda for review by Interim Utility Director) Commissioner Ensler inquired if the four wells that would be put into service would be in addition to the seven wells currently in service. Mr. Bressner introduced Nem Gomez, the ]~nterim Utility Director. Mr. Bressner stated that these are additional wells that were preconstructed several years ago and will now be readied for use in connection with the expansion of the West Plant. Mr. Gomez confirmed that this was correct. Commissioner Ensler inquired if the wells would be connected to the existing plant or would they be used in the event of future expansion of the plant. Mr. Bressner stated that the wells would not be placed into service immediately, but would be available for expansion of the plant. Mr. Gomez stated that in the event of an emergency, the wells would be available for use by the existing plant. Motion Commissioner McCray moved to approve Item VT.B.1. Motion seconded by Vice Mayor Ferguson and unanimously carried. B.5. Multi-award the "ANNUAL BTD FOR SAFETY CLOTHZNG AND EQUTPMENT," Bid #046-1412-04/3A, on an overall basis to the lowest, most responsive, responsible bidder who meets all specifications with an estimated annual expenditure of $50,000 Commissioner McCray asked what the increase was on this bid. Diane Reese, Finance Director, responded that there was no increase in the dollar amount. The dollar amount was decreased by $30,000. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Motion Commissioner McCray moved to approve Item VI.B.5. Motion seconded by Vice Mayor Ferguson and unanimously carried, C.1, Proposed Resolution No. 04-078 Re: CH2M Hill, Inc Approving five individual task orders for the East Water Treatment Plant Expansion (EPX), Stage 1, Phase [ Project totaling $1,324,702. Also, approve an owner's contingency of $% in the amount of $66,2_35.10 for a total budget appropriate of $1,390,937.10. The owner's contingency of 5% will be applied to individual task orders on an "as needed basis." (*TABLED ON 5- 18-04) (Lett on Agenda for review by interim Utility Director) - Recommendation on this item is to table the item for one meeting to allow the interim Utility Director and opportunity to discuss possible cost savings with consultants. Also, the project needs to be "Un-bundled" into five separate parts. Mr. Bressner noted that the Resolution was revised. Originally staff requested to authorize five individual task orders and is now recommending that they proceed with three of the five task orders. The remaining two task orders would be presented at the _July 6~ Commission Meeting. The three task orders that they would like to move forward are: · / CH2M Hill, [nc. - Upper Floridan Aquifer Wellfield Development. CH2M Hill, Inc will finalize the feasibility and location of the deep wells. The scope of the work involves finding appropriate locations for the wells and then to proceed with the design. · / Metcalf & Eddy - Off-Site Pipelines Development. Metcalf & Eddy would provide the alignment and location of the raw water pipeline from the wellfields that are being constructed to the plant. v' Arcadis G&M, Inc. - Membrane Concentrate Disposal Development. The by- product of the deep water is a saline solution and Arcadis G&M will determine the appropriate means of disposal of the concentrate. The permits for the deep wells must be made to the Department of Environmental Protection and the U.S. Environmental Protection Agency. Staff is recommending that they move forward with these projects and that the City Manager and the l~nterim Utility Director meet with each of three firms to develop the final costs for the projects and to come up with a timeline when the projects would be completed. A written report will be provided to the Commission. 11 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une ~ 2004 Mr. Bressner explained that the original resolution has been changed by adding a new Section 3. The Globaltech and Kimley-Horn task orders were deleted and will come back to the Commission at the first meeting in .luly. Commissioner McCray had concerns that the project would not be completed on time since South Florida is in the middle of the drought season. Mr. Bressner stated that they were working very hard to get it done on time. Commissioner McCray requested that the Commissioners be furnished with a bi-weekly report. Mayor Taylor complimented staff for putting this project together. Commissioner Ensler requested that each contract contain "a time is of the essence" clause, which Mr. Bressner agreed to. Motion Commissioner McCray moved to approve Item VI.C.1, with "a time is of the essence" clause to be added. Motion seconded by Commissioner Ensler and unanimously carried. C.8, Proposed Resolution No. R04-095 Re: Ratification of Bargaining Agreement between the City of Boynton Beach and the NCF&O, SEIU Local :[227 Blue Collar Bargaining Unit for Fiscal Year :[0-0:[-03 through 09-30-04 C,9, Proposed Resolution No. R04-096 Re: Ratification of Bargaining Agreement between the City of Boynton Beach and the NCF&O, SEIU Local :[227 White Collar Bargaining Unit for Fiscal Year :[0-01-03 through 09-30-04 Herb Suss, 1711 Woodfern, Boynton Beach, inquired if employees would be receiving a 3% cost of living increase, plus a 3% performance increase. Wilfred Hawkins, Assistant City Manager, explained that the wage increase is two-tier for the blue collar and white collar bargaining units. Employees would be receiving a 3% cost-of-living adjustment retroactive to October 1, 2003 and a performance evaluation increase, effective April 1, 2004. The percentage of increase for performance increases would depend upon the score that employees receive on their performance evaluation. Mr. Suss felt that this was a win-win situation because employees that deserve an increase would receive one. He requested that the Commission approve both items unanimously, commenting that the blue and white-collar workers were deserving of a pay raise. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .lune 1, 2004 Motion Commissioner Ensler moved to approve Items C.8 and C.9. Motion seconded by Commissioner McCray and unanimously carried. Mr. Bressner extended his appreciation to the bargaining unit and to Arthur Lee and Wilfred Hawkins for all the work that was done in finalizing these agreements, which was a major effort. Mayor Taylor also commended staff and the union for their professionalism in working to bring the agreements to fruition. D.1, Hendricks Variance (ZNCV 04-003), 911 SW 28th Street - Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of l0 feet, and a rear yard setback of 15 feet Commissioner Ensler noted that the applicant requested this item be pulled so they could speak to the Commission. Attorney Cherof explained that this is a quasi-judicial matter and administered the oath to all persons who would be testifying. Thomas Hendricks and Rona Hendricks, 911 SW 28th Avenue, Boynton Beach, assumed the podium. A handout was distributed to the Commission, a copy of which is on file in the City Clerk's Office. Mr. Hendricks stated that they are seeking a variance for their house located in Chapel Hill. Currently the house is a two bedroom, two baths home consisting of 1,300 square feet. They would like to add another bedroom onto the house, which would require a 10' encroachment in the rear. The current setback is 25'. He noted that many homes in the neighborhood are much larger and there is a 12' utility easement in back of his house that acts as a barrier to other properties. They looked at other ways to place the addition, but the plan that they presented is the best way to proceed according to their architect. The neighbors have indicated their support of the addition, and Ms. Hendricks has signatures confirming this. Mr. Hendricks noted that a house two blocks from their house received a variance last year. The Planning and Development Board indicated that City staff is working on changing the setbacks, which would apply in his case. He did not feel that the improvement to their house would impact the neighborhood and they would be in harmony with their neighbors. Mr. Hendricks explained that they have two children and need another bedroom so that they could remain in the neighborhood. Ms. Hendricks presented the list of signatures and noted that one of them is the neighbor behind them who is supportive of their request. Mr, Hendricks referred to the handout that was given to the Commission and referred to a rendering of how the addition would look on the existing house. 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Commissioner Ensler asked staff to respond to the comment that the City's variances would be undergoing a change. Mike Rumpf, Planning and Zoning Director, confirmed that the City is in the process of rewriting the entire Land Development Regulations with an emphasis on zoning. They have looked at some lots to determine if the setbacks could be reduced, but this is all in the preliminary stage. Mr. Rumpf stated that staff has not looked at reducing the setback of 25' for standard size lots. Commissioner Ensler asked when the rewrite would be ready. Mr. Rumpf anticipated that it would be coming to the Commission before September and would be addressed in workshop stages. Vice Mayor Ferguson inquired how many signatures were on the list of neighbors and Ms. Hendricks responded 20. Commissioner McCray inquired if the variance were not granted would this present a hardship to the applicant. Attorney Cherof responded that this is not a hardship case and it does not meet the test for hardship under the Code. Attorney Cherof added that the acceptance of the variance by adjacent property owners indicates that there might be less litigation, but it still has no legal weight under the Code. Attorney Cherof recommended expediting the review of setbacks in this area or determine if the procedures for a variance should be amended. Vice Mayor Ferguson reported that the Planning and Development Board denied the variance on a 4-2 vote and he thinks that the variance should be granted. Motion Vice Mayor Ferguson moved to approve the variance. Motion seconded by Commissioner McCray. Commissioner Ensler is concerned about allowing variances that are not in accordance with the Code. He felt that this would only created more problems and more lawsuits. He would like to see the review of setbacks in this area expedited and to table this request to allow staff an opportunity to further review the application. Motion Commissioner Ensler moved to table. Commissioner McKoy seconded the motion. Motion failed 2-3 (Mayor Taylor, V/ce Mayor Fergu$on and Cornrniss/oner McCray d/ssenting). 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Mayor Taylor called for a vote on the motion on the floor. The motion carried 4-1 (Comm/$s/oner Ens/er d/ssent/ng). VT:[. CODE COMPLTANCE & LEGAL SETTLEMENTS: None VTTT. PUBLTC HEAR/NG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location Description: Waterside (ANNEX 04-002) (,4PPL.rCANT REQUESTS POSTPONEI~fENT- ST,4FF RECOMMENDS POSTPONEI~,IENT TO 06/ ~_$/04,) Carlos Ballbe, Keith & Ballbe, Thc. Hector Garcia, Southern Homes of Palm Beach LLC East side of South Federal Highway, between Palmer Road and Chukker Road Request to annex 7.30 acres of properly in connection with the request to build 115 fee-simple townhomes and related site improvements Project: Agent: Owner: Location Description: Waterside (LUAR 04-002) (APPLICANT REQUESTS POSTPONEI~,f ENT - STAFF RECOI~,IiUlENDS POSTPONEI~,f ENT TO 06/~$/04) Carlos Ballbe, Keith & Ballbe, Inc. Hector Garcia, Southern Homes of Palm Beach LLC East side of South Federal Highway, between Palmer Road and Chukker Road Request to amend the Comprehensive Plan Future Land Use map from Commercial High Intensity and Medium Density Residential (Palm Beach County) to Special High Density Residential Project: Agent: Owner: Location Description: Waterside (LUAR 04-002) (APPLTCAItlT REiDUESTS POSTPOIVEI~fENT- STAFF RECOMI~IEN, O$ POSTPONffI4ENT TO 06/.~$/04,,) Carlos Ballbe, Keith & Ballbe, [nc. Hector Garcia, Southern Homes of Palm Beach LLC East side of South Federal Highway, between Palmer Road and Chukker Road Request to rezone from Multi-family Residential and Commercial General (Palm Beach County) to Planned Use Development (PUD) 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Motion Vice Mayor Ferguson moved to postpone Items VIII. A., B., and C. until June 15, 2004. Motion seconded by Commissioner McCray and unanimously carried. Project: Agent: Owner: Location: Description: Largo Pointe (ABAN 04-001) Juan Perez - Moraitis, Cofar & Karney Phegley Corporation North side of Southwest 19t~ Avenue, approximately 800 feet east of Congress Avenue Request for abandonment of the roadway portion of an unimproved roadway/utility easement Commissioner Ensler noted that the area in question was adjacent to Leisureville, which is a residential area. He stated that the drawing was not discernable and requested clarification. Attorney Cherof administered the oath to all persons who would be testifying. Commissioner Ensler inquired what the site would be used for. Mike Rumpf, Planning and Zoning Director, pointed to the location map and explained that the plotted lots west of the site were originally platted as Christian Villas Plat and was platted for small townhouse units. Mr. Rumpf referred to the access road that circles the project, which is a 30' wide access and roadway easement. The project has been redesigned and no longer needs this type of access. Mr. Rumpf explained that there is no need for the easement; it serves no public necessity; and it should be abandoned. There are still utility lines in the property that will require easements, which could not be built upon except for a slab or screen enclosure. In that instance it would be necessary to enter into hold harmless agreements that would allow those structures to be removed if it ever became necessary to use that property for access. This is included in the conditions of approval. Commissioner Ensler requested that a condition be added that nothing could be built on the easement. Mr. Rumpf said that the wording "without proper abandonment through the public process" could be added before anything could ever be built. Mayor Taylor pointed out in the Conditions of Approval, the Engineering Division stated that there would be no less than 24' in width to accommodate proposed and existing water sewer lines. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Motion Commissioner McCray moved for approval of Item VIII.D. Motion seconded by Commissioner McKoy and unanimously carried. IX. CTTY MANAGER'S REPORT: A. Review of Crime Statistics Police Chief Marshall Gage was present to give a review of crime statistics for the City. He noted that this request resulted from recent crime reporting by the FBI and some significant criminal happenings in the City. The report showed an overall increase in crime with specific increases in aggravated assaults, simple assaults, residential burglaries and thefts. There was a decrease in robberies, sexual assaults and auto thefts. There are many variables that affect crime trends with economy being one of the most significant ones. Increases in assaults are mainly due to domestic situations and it is difficult for the Police Department to have an impact on these types of situations. The Police Department now handles the Department of Family Services criminal investigations, which has added to the increase in crime statistics. Chief Gage reported that they hold weekly staff meetings to discuss what is happening in the City and in various local areas. They put their heads together and try to come up with strategies on how to deal with various situations. The City is broken up into 10 zones and Watch Commanders and Uniform Services Commanders have authority to redirect officers from any of the zones. Every zone has at least one officer assigned to that zone, except for zone 3. Zone 3 generally has at least two officers and is never short staffed. Usually there are 12 to 15 officers on duty per shift and they are assigned to zones where they are needed. Any area or address that experiences more than 10 calls within a 12-month timeframe is brought to the attention of the Division Commander and Shift Commanders and they try to determine how the calls for service could be cut down. Members of the Police Department have increased their attendance at many homeowner and business association meetings and this has resulted in an increase in calls. As people become familiar with the Police Department, they feel comfortable about calling the Police Department. Chief Gage referred to an analysis of the crime statistics by zones that was furnished to the Commission a couple of weeks ago. In zones ! and 2, there was a slightly lower increase in overall crimes than in the other zones. He felt that this was attributable to having more Officers in those zones. 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .June 1, 2004 Chief Gage anticipates that they would continue to make adjustments on a daily basis dealing with emerging crime trends. They anticipate entering into a contract this month with the Community Redevelopment Agency that will provide for four more officers that would be paid by the CRA; two will be assigned to the Heart of Boynton; and two will be downtown. These will be permanent assignments. With regard to recruitment, he would be pleased to furnish a report if the Commission so wished. Their foremost goal is to have the Police Department reflect the community that they serve. Commissioner McCray stated that he had requested that this item be placed on the agenda. He met with Chief Gage and Mr. Bressner last Tuesday and as a result, it has been acknowledged that there is problem in the City. He is looking to Chief Gage to come up with solutions to alleviate these problems. Commissioner McCray would like to see more outreach programs to the youth in the City and informed Chief Gage that the Commission was here to help. Chief Gage also reported that the Police would be more visible in the parks this summer and would be working with youth attending the Parks and Recreation programs. Mayor Taylor noted that Boynton Beach is the third largest City in the County. The fourth largest city has 18 more officers than Boynton Beach and the second largest City has 151 more officers than Boynton Beach. The City needs more officers and he was in favor of increasing the Police Force. Commissioner McKoy inquired how many officers the Police Department was in need of. Chief Gage responded that he has requested in the upcoming budget six Officers and two Community Service Officers. The six Officers requested do not include the four for the CRA. Therefore next year Chief Gage anticipates there would be 10 new Officers and two new Community Service Officers. Mayor Taylor urged the Police Department to be as aggressive as possible and to go after the drug dealers in the City. He would always be there to support the Police Department. Herb Suss, 1711 Woodfern, Boynton Beach, pointed out that the Federal Government assists municipalities with auxiliary police officers and asked if the City ever considered hiring auxiliary police officers to assist the regular Police Officers. Mr. Suss pointed out that the population in the next few years would increase to 70,000. A bigger population results in more crime and more Police Officers will be needed. Commissioner McCray inquired what the auxiliary police program involved. Mr. Bressner explained that auxiliary police could have some arrest powers and some weapons training. He pointed out that there is a risk management issue related to auxiliary police. Mr. Bressner felt it was more important to hire regular fulltime Police Officers. 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .lune 1, 2004 B. Discussion and Consideration of Annual Board Dinner Mr. Bressner reported that they did not include a recognition dinner in the budget this year and some Commissioners would like to move forward with having one. Mr. Bressner referred to the costs of the dinner that averaged $10,000 per year over the past five years. If the Commission would like to hold a recognition dinner, Mr. Bressner felt that it was doable. Commissioner McCray stated he requested the recognition dinner because he felt that the volunteers should be acknowledged and thanked for the time they spend on helping the City save money. It is important that the Commissioners and the Mayor let those volunteers know that they are doing a great job. Discussion ensued on whether to invite former Mayors and Commissioners, which has been the practice over the past few Board Dinners. Mayor Taylor pointed out that the dinner is for the members of the advisory boards and he questioned whether it was necessary to continue this practice. Commissioner McKoy inquired how much money would be saved if these former officials were not invited and Mr. Bressner thought it would be around $700 to $800. Mr. Bressner inquired if the Commission would like to invite advisory board members that served on a board during calendar year 2003 and 2004. This would not include members that were removed because of absenteeism. Commissioner Ensler felt that the dinner should be for people who served on the Board during 2003 and next year the dinner could be for the people who served in 2004. Mayor Taylor recommended informing former City officials if they wanted to attend, they could by purchasing a ticket. Motion Commissioner McCray moved to proceed with the Annual Board Dinner that would include current Board members and people who served during the year 2003-2004 and the current City Commission. Any former City Official that wanted to attend would be offered the opportunity to purchase a ticket. Motion seconded by Commissioner McKoy and carried 4-1 (Vice Mayor Ferguson dissenting). Proposed Ordinance No. 04-039 Re: Amending Ordinance 03-058 - Early Retirement Incentive Program - to permit otherwise eligible firefighters to use prior military service buyback for purposes of satisfying the 15 year eligibility requirement for early retirement 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 Mr. Bressner reported that when Ordinance 03-058 was adopted last year, the criteria for eligibility under the Early Retirement Program (ERTP) was a minimum of 15 years of employment with the City and the employee had to be within three years of early or normal retirement as contained in the individual ordinances, i.e., police pension, fire pension or general employee. Following the adoption of the Ordinance, there was a request from the Fire Pension Board to consider a modification that would include any prior military service purchased would count towards years served with the City of Boynton. After looking at the employees who signed up for the ERIP and employees who used military credit to buy additional time, these employees had achieved the 15-year requirement without the use of military time. The Fire Pension Board is requesting that the Ordinance be changed to allow an employee who is within three years of normal or early retirement age, but has not achieved the 15 years of service with the City, to use military time to bring him up to the 15-year requirement. If this change were adopted, it would apply to one individual participating in the Fire Pension Plan. He was not certain if this would apply to anyone else in the City if the change was approved. Mike Smollon, Chairman of the Fire Pension Board, stated that Mr. Bressner presented the item thoroughly and felt it was not necessary that he add anything further to it. Mr. Smollon noted that this is the third ER[P offered by the City and ER[Ps save the City a great deal of money. When the second ER[P was implemented in 2000, the City adopted Ordinance 01-~,6 that permitted up to five years of past military or firefighter service to count as pension service credit for firefighters. The amendment would allow military veterans to use their purchased military service credit to satisfy the requirement of Section 2, Part a. of Ordinance 03-58. Mr. Smollon said that they are proposing language that would read "a minimum of 15 years of employment with the City, inclusive of prior military service purchased in compliance with Ordinance 01-46." Mr. Smollon checked with the Police and Fire and determined that this amendment would not apply to any of their members, except one Firefighter, Derek Hernandez. He pointed out that this would not apply to General Employees since they do not have the ability to buyback prior military service. Mr. Smollon spoke with the Fund's Actuary, Steve Palmquist, of Gabriel, Roeder & Smith, and was informed that allowing Mr. Hernandez to participate in this program would save the City money since Mr. Hernandez's replacement would come in at entry level. Mr. Smollon noted that it cost Mr. Hernandez over $75,000 to purchase four years of military service. Mr. Smollon requested that the Commission approve the amendment. Commissioner McCray asked what Ordinance 01-46 applied to and Mr. Smollon noted that this is the Ordinance that allows the buyback of up to five years of military service or county, state, municipal, federal or other public agency. Mr. Smollon stated that Mr. 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une if 2004 Hernandez served in the Air Force for four years and three months. This is also permitted under Florida Statutes Chapter 175.032. Commissioner McCray noted from the minutes of the Fire Pension Board that they were in favor of the amendment and he inquired why the Commissioners were not furnished a copy of Ordinance 01-46. Mr. Bressner asked when this Ordinance was adopted and Mr. Smollon responded on August 7, 2001. Attorney Cherof noted that Ordinance 01-46 has nothing to do with the ER:IP and the ER]:P would have to be amended by making a cross-reference to this Ordinance. The ER:IP was adopted by a separate Ordinance. Attorney Cherof stated that if this Ordinance were adopted, numerous procedures would have to be followed. Those procedures would include announcing it, providing advance notice to employees if they want to participate, and windows of opportunity to jump in and windows that close, all of which would reopen with the amendment of the ERTP. Mr. Smollon stated that he referred to Ordinance 01-46 merely to point out that it was new since the last ERTP and it is referred to in the amendment. Attorney Cherof pointed out that the Commission could have included a provision for something less than 15 years of actual service to the City and chose not to when the last ER:IP was adopted. Mr. Smollon thought that since the buyback of military service only applied to one person, the Commission did not consider it at that time. Mr. Bressner responded that the Commission chose to use 15 years of service for eligibility in the ER:IP when it was approved and never considered applying it to anyone with less than 15 years of service. This might open the door to other people wanting the same benefit. Commissioner Ensler was concerned about setting a precedent if this were adopted in the event the ER:IP is offered in the future. He would have difficulty allowing people to retire with only 12 years of service in the City, even though he would like to see veterans get the benefits that they deserve. Mr. Smollon pointed out that the cost of purchasing prior military time is very expensive and not many people could afford to do so. He also noted that each time there has been an ER:IP the requirements have changed. :in the first one, a person needed to have 17 years of service; the second one required that a person must be within three years of normal retirement; and the current one requires 15 years of service and a person must be within three years of normal or early retirement. Therefore, he did not feel that this would be setting a precedent. Mayor Taylor noted that this person did purchase the time before the cutoff date and he had been originally informed that this person purchased two years to attain 15 years of service. Tonight, it appeared to him that this person actually purchased four years at $75,000. He was in favor of people receiving credit for their military time, but he felt 21 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une :1., 2004 that the City should require a minimum amount of service before the military time would count. Mayor Taylor also pointed out that people who take the ER]:P also benefit. ]~f this amendment was adopted for the firefighters, it would also have to apply to the police and general employees to be fair. Mr. Smollon noted that the amendment would be applicable to all employees, not just firefighters. He also stated that this had been discussed for several months and if there were any other employees who wanted to be included, they would have come forward by now. Commissioner McCray asked Diane Reese, the Finance Director, if anything similar had been approved in the past once the ER1~P was adopted. Ms. Reese responded that once the ER[P ordinance had been adopted, there were no adjustments or amendments to the ordinances. Commissioner McCray felt that the amendment should be approved, because Mr. Hernandez has already put up $75,000 and this will give other firefighters an opportunity to be moved up. Mr. Bressner requested a 10-minute recess so that he could speak with Attorney Cherof to determine if the general employees have the right to buyback prior military time. Mr. Bressner will also furnish a copy of Ordinance 01-46 to the Commissioners and the Mayor. Recess was declared at 8:20 p.m. The Meeting reconvened at 8:29 p.m. Mr. Bressner reported that the General Employees' Pension Fund Ordinance has not been modified to allow for the buyback of military time. There was a Federal law permitting this within a certain time period. A poll of the General Employees was taken, and there was no interest expressed in participating. With regard to Ordinance No. 01-46, this Ordinance was adopted at the recommendation of the Police and Firefighter Pension Boards to allow the Pension Boards to offer the buyback of military service in accordance with State Statute Chapter 175 (for firefighters) and Chapter 185 (for police). These two Chapters allow for enhancements to their Funds, which is paid for from fire and automobile insurance premiums of policyholders within City limits. This year the State Statute was amended to allow for any pension enhancements that the City adopted since 1999 to apply to General Employees. IVlr. Smollon pointed out that the amendment to the Ordinance would not affect the 175 funds, since the cost of purchasing prior military time is borne entirely by Mr. Hernandez. He also pointed out that the buyback of prior military time was not available during the first and second ERI:P programs. 22 Meeting Minutes Regular City Commission Meeting Boynton Beachf Florida .June 1, 2004 Ms. Reese noted that prior to finalizing the new ER]:P, there were several police officers who had already purchased prior military time and this was applied to their time of service; however, they had have 15 years of service in order to qualify for the ER]:P. Mr. Smollon stated that some police officers did purchase prior military time that enabled them to participate in the ER]:P and without the ability to buy that time, they would not have met the 15-year criteria. Commissioner McKoy requested Mr. Hernandez address the Commission. Mr. Hernandez stated that he is not trying to take advantage of the City. Many personal issues have come up in his life; his father recently died of cancer. Shortly after that his uncle died, and his grandmother died last month. This has greatly affected him and it is now more difficult for him to perform his job. He has been very involved with the City and he loves the City. He stated that he planned purchasing the military time back in November. He is in the process of remarrying and he would like to leave. Attorney Cherof stated that this is not an individual appeal and that the speaker should merely speak on the merits of the language of the proposed Ordinance and not about his individual condition, which emphasizes that this is an individual consideration. Mr. Hernandez agreed with Attorney Cherof and stated that he has requested the amendment so that he could change his life around. Attorney Cherof read Proposed Ordinance No. 04-039 by title only. Motion Vice IVlayor Ferguson moved to approve Proposed Ordinance No. 04-039. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 3-2 (Playor Taylor and Cornrn/ss/oner Ens/er d/ssent/ng). X. FUTURE AGENDA [TEMS: Proposed Ordinance No. 04-013 Re: Development of Regional :Impact Amendment (DR]:A) approval amending the approved uses within the project, establishing a use conversion matrix and changing the name of the DR]: project from Motorola to Renaissance Commons ('2"d READING TAZ~LED OAf 04/07/04- A W'A2'T.[/VG APPROVAL FROH D.C.A. OAf COIV/PAAf2'OAf ORDXAfAAfCE,) (June 15, 2004) Workshop regarding Old High School Refurbishment (Delayed due to poor bid response - Staff preparing alternate approach - (June 15, 2004) 23 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .lune 1, 2004 Discussion of additional Property Tax Assessment Exemption for Income Eligible Senior Citizens per FSS 196.075 (Delayed pending information from Palm Beach County- June 15, 2004) City Commission Budget Workshop Meetings (July 13, July 14 & July 15, 2004) City Commission Workshop Meeting to discuss the Comprehensive Plan Update with staff and the Town Center project with the CRA (July) F. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) G. Proposed Lease Agreement with Boynton Woman's Club (TBA) Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TBA) XZ. NEW BUSZNESS: None X];Z, LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 04-O34 Re: Annexing 2.46 acres of property in connection with the request to build 48 fee-simple townhomes and related site improvements (Bayfront) Attorney Cherof read Proposed Ordinance No. 04-034 by title only. There was no one from the public that wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-034. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-035 Re: Amending Comprehensive Plan Future Land use map from Commercial High Intensity (Palm Beach County) to Special High Density Residential (Bayfront) Attorney Cherof read Proposed Ordinance No. 04-035 by title only. There was no one from the public that wished to speak. 24 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 1, 2004 Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-035. Motion seconded by Vice Mayor Ferguson, City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-036 Re: Rezoning property from General Commercial and Residential Multi-family (Palm Beach County) to [nfill Planned Unit Development (TPUD) (Bayfront) Attorney Cherof read Proposed Ordinance No. 04-036 by title only. There was no one from the public that wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-036. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-037 Re: Amending the Comprehensive Plan Future Land Use map from Local Retail Commercial to Special High Density Residential (Oceanside) Attorney Cherof read Proposed Ordinance No. 04-037 by title only. There was no one from the public that wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-037. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. 5. Proposed Ordinance No. 04-O38 Re: Rezoning from C-2 Community Commercial to [nfill Planned Unit Development ([PUD) (Oceanside) Attorney Cherof read Proposed Ordinance No. 04-038 by title only. There was no one from the public that wished to speak. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-038. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. 25 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 1, 2004 B. Ordinances- Ist Reading Proposed Ordinance No. 04-040 Re: Amending Land Development Regulations, Chapter 7, Surety; Article T, in general, providing for clarification of procedure for handling of surety Attorney Cherof read Proposed Ordinance No. 04-040 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-040. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-041 Re: Amending Chapter 2 "Administration," Article V, "Code Compliance Board," Section 2-91, "Violations and Penalties"; and Chapter 9, "Fire Protection and Prevention," Article ]:, "Penalty for Violations," to provide for enforcement of Fire Code Violations through the Code Compliance Direct Citation Process Attorney Cherof read Proposed Ordinance No. 04-041 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-041. Motion seconded by Commissioner McKoy. Vice Mayor Ferguson requested that an appeals process be allowed. Mr. Bressner stated that staff will provide revised language for the second reading of the Ordinance for consideration by the Commission. Vote City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: Review and consider proposal from .luan and Anna Valverde to purchase the vacant parcel adjacent to 730 SW 3rd Avenue (Motion requires roll call vote. Approval requires super-majority vote.) 26 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .lune 1, 2004 Anna Valverde, 730 SW 3~d Avenue, Boynton Beach, stated that they purchased the property last February. There is a vacant parcel of land that is adjacent to their property and after living in their house for two weeks they were robbed twice. The vacant parcel is a wooded area that is maintained by the City of Boynton Beach. Tn order to get the property cleaned out she has to call the City. Ms. Valverde reported that today someone went onto the property and cut all the trees down and leveled the ground. She noted that a house was recently built behind their house because they received a variance. However, people still use the adjacent parcel to cross onto her property. Mr. Bressner was surprised to hear that the trees were cut down and asked staff if they were aware of this, of which they were not. He asked Ms. Valverde if she was able to obtain the identity of the people that leveled the lot. She stated that her husband did determine the name of the company that cut the trees down. Mr. Bressner requested that they contact .left Livergood, Public Works Director, with this information. IVlayor Taylor noted that staff has no objection to selling the property to the Valverdes. The appraisal of the property came in at $4,000 and they have offered $3,300. Mr. Bressner noted that when this was discussed at the agenda preview conference, it was determined that the Valverdes would be required to obtain a unity of title if the property were sold to them since the lot is not buidable. Obtaining a unity of title would consolidate the property with the Valverde's property. Also, Mr. Bressner inquired why they were only offering $3,300 when the property was appraised at $4,000. Ms. Valverde pointed out that they paid for the appraisal of the property and she deducted the cost of the appraisal from the $4,000. Mr. Bressner stated that the Valverdes had been informed that they would be responsible for the cost of the appraisal. Mike Fitzpatrick, 175 SW 2nd Street, learned of this item by looking at the agenda today and wanted to present some background on the property. He stated that the property came from the Tradewinds settlement that required Tradewinds to provide a nature preserve. He stated that the City never maintained the property as a preserve and he was not sure if the City actually owned this property. He recommended that instead of selling the property, it be given the same designation as the Seacrest Scrub. He also felt that the land could be used as future greenways. Mr. Ensler inquired if this property was included on the draft of the greenway plans. Mr. Fitzpatrick had included it on the maps that he drew, but was not certain if it is on the final map. Mr. Bressner responded that the property is not included on the final greenway map and the property designation on the land use plan is high density residential and is zoned R-lA. Mr. Fitzpatrick did not think that this designation was correct. 27 Meeting Minutes Regular City Commission MeeUng Boynton Beach, Florida .lune 1, 2004 Attorney Cherof announced that the County conveyed the property to the City. Gary Lehnertz, 619 SW 2nd Avenue, lives approximately two blocks from the property in question. He also would like to have the property remain as greenspace. He too was surprised that the trees had been cut down. Tn addition, he thought that Tradewinds had owned this land, and that Tradewinds gave it to the City for greenspace. He felt that the property should be sold at the appraised price of $4,000, and he would like to purchase it to keep it as greenspace. Ms. Valverde noted that the City Ordinance only allowed adjacent property owners to purchase this land if it was not buildable and Mr. Bressner confirmed that this was correct. Mr. Bressner said that because of all the new information that has surfaced tonight, he would recommend that the item be tabled until the next meeting. Motion Commissioner Ensler moved to table. Motion seconded by Commissioner McKoy. Mayor Taylor questioned why the City did not do its own appraisal. Attorney Cherof stated that when the City wanted to dispose of City property, they would do the appraisal and then offer the property to the public on a bid basis. However, many times adjacent property owners want to expand the use of their property. To that end, the current Ordinance was amended to allow this option that put the responsibility of paying for the appraisal on the property owner and that it must be done by a certified appraiser. Vice Mayor Ferguson requested that the item be tabled to date certain, such as the .lune 15th meeting. Mr. Bressner felt that this was possible and that it should be left on the agenda. A staff report will be furnished to the Commission. Vote Motion carried 5-0. XIII. UNFINISHED BUSINESS: None 28 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida .lune 1, 2004 XIV. AD3OURNMENT: There being no further business, the meeting properly adjourned at 9:05 p.m. Recording Secretary City of Boynton B~ach Com er,_ '~--~"~. -'~ Comm~si~ ......... (June 2, 2004) 29 · I LO[ l~ IRON ROD L,B'-'2102, LOT 11 :: LOT ~ ~__ ONE STORY CBS ~_ ~ 5.05' RESIDENCE :~ ~1 o,_ ~ ~z?' 10.8' 10.0' 21.4.' '.'.' 17.o' ASPI.LkI.T DRIVEWAY FOUND ~/~' ~ FOUaO ,co- m ~.. ds ,%,. 85.oo' '/" S.W. 28th AVENUE 13 ~,DDREB.~ 911 S.~ BOYNTgt ,175.0' CERTIFIED TO: ANITA d. YELAZQUEZ, A SINGLE WOMAN ROBERT B. REED, JR., ESQUIRE ATITORNL:TS' TITLE INSURANCE FUND, INC. ALLIANCE HOME MORTGAGE, INC., ITS SUCCESSORS AND/OR ASSIGNS FLOOD ZONE "A7" EL-12 COMMUNITY PANEL NO. 120196-000,3-C 9/,30/82 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Grove Plaza Parcel "D" APPLICANT'S AGENT: Michael Weiner, Weiner & Aronson, P.A. APPLICANT'S ADDRESS: 102 North Swinton Avenue Delray Beach, FL 33444 Development P&Z Building Engineering Occ. License Deputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Request for New Site Plan approval for an 11,973 square foot retail Building on a 1.22-acre parcel in a C-3 zoning district LOCATION OF PROPERTY: South side of Hypoluxo Road, East of Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applic.ant ,,'"' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application f°r 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. All further development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED:~ S:\Planning\SHARED\WP\PROJECTS\grove r for P&D.doc city ;rove Plaza Parcel D\NWSP 04-007\DO Revi= I in. = 313.0 feet COUN.TY PO EXHtBIT "A" H YP'bLUXO :RD 'C LAWRENCE. RD LOCATION MAP EXH~B'rr:,,B. : ;H : GROVE PLAZA PARCEL 'D' H ypo{uxo Rood GROVE PLAZA PARCEL 'D' H ypoluxo Rood Bo~nton ~eoch !J tJ 1 I m GRoVE PLAZA PARCEL ~' H~oluxo Rood -( '13 0 ~0 EXHIBIT "C" Conditions of Approval Project name: Grove Plaza Parcel D File number: NWSP 04-007 Reference: 2nd review plans identified as a New Site Plan with an April 27, 2004 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within 30 days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 2. Comprehensive Plan Policy 3.C.3.4. requires the conservation of potable X water. As other sources are readily available City water shall not be allowed for irrigation. 3. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. 4. No canopy trees are permitted within utility easements. Accordingly, X relocate the Silver Buttonwood tree shown within the 12' utility easement along the east property line, north of the building. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 5. 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. 6. Indicate, by note on the landscape plan, that within the sight triangles there X shall be an unobstructed cross-visibility at a level between 2.5 feet and 8 feet above the pavement (LDR, Chapter 7.5, Article II, Section 5.H.) 7. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article IV, Section 5 will be required at the time of permitting. 8. Paving, Drainage and Site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable 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. BUILDING DIVISION Comments: 9. 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. 10. Buildings, structures and parts thereof shall be designed to withstand the X 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. 11. At time of permit review, submit signed and sealed working drawings of the X proposed construction. DEPARTMENTS INCLUDE REJECT 12. 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 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 ther 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). 13. CBBCPP 3.C.3.4 requires the conservation of potable water. City water may X not, therefore, be used for landscape irrigation where other sources are readily available. 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. > If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. > The number of dwelling units in each building. > The number of bedrooms in each dwelling unit. > The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Section. s 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 t~ermit at>~lication submittal. If the t>roiect is multi- Conditions of Approval 4 DEPARTMENTS INCLUDE REJECT family, then all addresses for the particular building type shall be submitted. The name of the project as it appears on the Development Order must be noted on the building permi. 't application at the time of application submittal. 18. Show the proposed site lighting on the site and landscape plans. (LRD, X Chapter 4, Section 7.B.4) If possible, provide photo metrics as part of your TRC plan submittals. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 19. The applicant should show an elevation cross-section detail(drawn to scale) X indicating how the height of the proposed landscape material will visually buffer the proposed parking lot facility from the Hypoluxo Road and Grove Plaza service road fights-of-way.. Irrigation Plan 20. The irrigation design should be low-flow for water conservation. All shade X and palm trees should receive irrigation from a bubbler source. [Environmental Rel~ulations, Chapter 7.5, Article II Sec,. 5A.] , 21. Turf areas should been limited in size. Landscape (bedding plants) areas X should be designed on separate zones with proper time duration for water conservation. [Environmental Regulations, Chapter 7.5, Article II Sec. 5. C.2.] PLANNING AND ZONING Comments: 22. Approval of this site plan is contingent upon approval of the Grove Plaza [ X master plan modification (MPMD 04-001). 23. The detail of the freestanding monument sign does not indicate colors of the X proposed sign or the color and size of the lettering to be place upon it. This is required in order to determine compliance with the Design Guidelines of the Grove Plaza Master Plan. The base of the monument shall be enhanced with colorful groundcover plants and a minimum of two (2) colorful shrub species. Additionally, the numerical address must be place prominently in the top portion of the sign, utilizing six (6) inch letters. 24. All lettering on the monument and wall signs shall conform to a uniform X lettering type, style and color, other than those nationally recognized tenants. 25. On the landscape plan, ensure that the plant quantities match between the tabular data and the graphic illustration. DEPARTMENTS INCLUDE REJECT 26. A note on the landscape plan indicates that unobstructed cross-visibility X shall be maintained at a level of two and one half (2 1/2) feet and six (6) feet above the pavement. The City requirement is eight (8) feet instead of six (6). 27. The front landscape buffer should have a berm to be consistent with the X Grove Plaza Master Plan Guidelines. The City Forester will review and oversee the dimensions and installation of the earthen berm. The plant material proposed within the front landscape buffer should be planted both on the top and street side of the berm. A detail drawing depicting the berm and plantings should be submitted, as well as a section view from Hypoluxo to the building. 28. The proposed outdoor freestanding lighting structures shall conform to the [ X design guidelines for Grove Plaza. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:Wlanning\SHARED\WPXPROJECTS\grove plaza\Grove Plaza Parcel DLNWSP 04-007\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Grove Plaza Parcel "D" Mr. Michael Weiner with Weiner and Aronson, P.A. 102 North Swinton Avenue, Delray Beach, FL 33444 ~'~z / Building Engineering I '. Occ, Licenee I Deputy City DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Master plan modification approval to convert Parcel "D" from a 9,000 square foot retail building to a 11,973 square foot retail building, in the C-3 zoning district. LOCATION OF PROPERTY: Parcel "D" of Grove Plaza, located on the south side of Hypoluxo Road, east of Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MA'i-I'ER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant >(' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C' with notation "Included". The Applicant's application for relief is hereby ,,Y' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All fudher development on the property shall be made in accordance with the and conditions of this order. 7. Other DATED:I City Clerk 1 COUNTY PO HYPOLUXO~RD C LAWRENCE, RD LOCATION MAP ,[ EXHIBIT "B"" ,.,~l:~l~ |iPi :~i: Ira!up "~~ I.l.,~ I Iiilliliilll!!J[ '"'"'"'""' qlJlljlj I1!!11111111]],.~u,;Jii'P" iljiii '*~, LAWRENCE I~'OAO I I I I I I I I EXHIBIT "C" Conditions of Approval Project name: Grove Plaza File number: MPMD 04-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None 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 PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Cormnents: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ ,,..a,, S:~Planning\SHARED\WPkPROJECTS\grove plaza\Grove Plaza MPMDLParcel D MPMD 044)01 \COA.doc S:\Planning~Dlanning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc PROJECT NAME: APPLICANT'S AGENT: AGENT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Quantum Park Lot 3 Ms. Joni Brinkman, AICP with Winston Lee & Associates, Inc. 1532 Old Okeechobee Road, Suite 106 West Palm Beach, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 ~eveiopment p&Z Building =ngineedng ~cc. License Deputy City Clerk 3340§ TYPE OF RELIEF SOUGHT: Request use approval for medical offices on Lot 3 in the Quantum Park PID. LOCATION OF PROPERTY: Lot 3, Quantum Park PID DRAWING(S): SEE EXHIBIT "B" A'I-I'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Ap plicj3nt ,/HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "included". 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. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: Clerk S:~Planning\SHARED\WFSPROJECTS\Quantum Lot 3\USAP 04-002 Medical Office\DO USAP 04-002.doc LOCATION MA'~' LOT 3 QUANTUM PARK PIE) NOT IN cITY Pl.[:) "MOTOROLA' K OF CoMME ;LJ AA '0 1/8 '0 4O0. '80O MILES FEET Associates. Inc, EXHIBIT "B" June z4, Mr. Eric Johnson Planning & Zoning Division City of Boynton Beach I00 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Quantum Park DRI Use List Revision Request Our File No. 98-010.09A Dear Mr. Johnson: As a tbliow up to our telephone conversation last week, I would iike to address your specific concerns as. to the process for monitoring the uses and associated required parking for Lot 3 in the Quantum Park DRI. This project is under the ownership of one entity and all of the square tbotage contained in the buildings is leased to tenants. The owner has agreed to monitor the types of uses and the required parking tbr each on a spread sheet which will be submitted as part of the building permitting process. In addition, each tenant's lease will require that a copy of the sheet be submitted with their applications tbr occupational iicences. This spread sheet will be maintained and updated by the property owner and will indicate the mount of provided parking on the site, the deduction of required parking per bay and applicable calculation rate, and the remaining unallocated amount of parking spaces. This monitoring method is similar to what has previously been accepted by the City in similar situations, such as Levitt Commercial's project on Lots 9-12 ~ High Ridge Commerce Center. The applicant agrees to monitor the utilization of parking ms outlined above, and this method will put no undue monitoring burden on City staff. I hope this addresses any concerns you may have. Please feel free to call with any questions. Sincerely, Project Planner CC: Michael Rumpf Robert Burrow I - ,2 Old Ok¢cchobee ROad. Suite 11)6. West Palm Beach. FL 33409-5270 Tel: 561-680-4670 - Fax: 561-689-5550 · E-ma/l: :vinstomvku&aol.com EXHIBIT "C" Conditions of Approval Project name: Quantum Park DRI Lot 3 File number: USAP 04-002 Reference: See Exhibit "D" - Quantum Park DRI Use List Revision Request DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 1. The owner of Quantum Park Lot 3 has agreed to monitor the future business X of each tenant and their required parking. This monitoring system would be accomplished by using a spreadsheet. This spreadsheet would be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT continuously maintained by the property owner or property owners association and submitted to the Building Division during the permitting process for interior renovations. In addition, the property owner (or tenant) would submit this updated spreadsheet to the Occupational License Division when applying for an occupational license for a future business. Staff agrees ~vith this monitoring system and further recommends that no occupational licenses or building permits be issued until the applicant formally and satisfactorily demonstrates compliance with all applicable parking requirements. 2. The applicant must present traffic data and a statement indicating that the X proposed use(s) would not exceed traffic counts currently approved for the DRI as based on square footage and uses approved for lots designated "Industrial" and "Office". ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. See condition #1 for added revision underlined. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. ~ S:\Planning\Shared\Wp~rojects\Quantum Lot 3\USAP 03-002\COA.doc EXHIBIT D Quantum Park Revised Use List Request Bocar Properties, Inc. - Lot 3 Quantum Park Request to Allow Medical Office The applicant has submitted a use request revision to allow the following use under Section C., OFFICE, of the approved use list for the Quantum Park DRI. These uses are proposed to be allowed on Lot 3 only. Medical Offices7. ?Applies to Lot 3 only. Chapter 2.5, Sec. 4.N. of the City of Boynton Beach Code requires that all uses conform to performance standards outlined therein. These standards are addressed below. Noise. No use shall be carded out in any zoning districts so as to create sound which is in violation of Section 15-8 of the City of Boynton Beach Code of Ordinances. Response: The above requested use shall be conducted entirely within the building and shall not produce sound in violation of Section 15-8. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. Response: The above requested use shall not create ground vibrations which would be perceptible beyond the property lines of the subject lot. Smoke, dust, dirt, or other particulate matter. No use shall be carded out within any zoning district so as to allow the emission of smoke, dust dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carded out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. Response: The proposed use does not produce smoke, dust, dirt or other particulate matter and shall comply with all federal, state, county, or city laws or permits pertaining EXHIBIT D to same. Odors and fumes. No use shall be carded out in any industrial district so as to allow the emission of objectionable or offensive odors or fmnes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all nonindustrial districts, the standards contained in this paragraph shall apply where district abuts any residential district. Response: The proposed use does not produce any objectionable or offensive odors or francs. o Toxic or noxious matter. No use shall be carded out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. Response: The proposed use will not allow the discharge of any toxic or noxious matter so as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. Fire and explosion hazards. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property rights-of-way, or any persons or property thereon. Furthermore, the storage, use or production of flammable or explosive materials shall be in conformance with the provisions of Chapter 9 of the City of Boynton Beach Code of Ordinances. Response: The proposed use does not create a fire or explosion hazard. There will be no storage of flammable or explosive materials unless in conformance with Chapter 9. Heat, humidity, or glare. No use shall be carded out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these regulations, so as not to create a nuisance to such residential uses. Response: The proposes use does not produce heat, humidity or glare. No additional lighting is being proposed for the building and the site complies with the City approved site plan which required that lighting be directed away from any residential use. Page 2 EXHIBIT D o Liquid waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity or manner which is not in conformance with the provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits. Response: Any applicable provisions of Chapter 26 of the City of Boynton Code of Ordinances, or any applicable federal, state or county laws or permits shall be complied Solid waste. No usc shall be carded out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with Chapter 10 of the City of Boynton Beach Code of Ordinances, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. Response: Thc proposed usc shall be in compliance with Chapter 10 of thc City of Boynton Beach Code of Ordinances and shall utilize the solid waste receptacles as depicted on the approved site plan, with the exception of the disposal of bio-hazardous waste, which will be handled by an outside licenced company. The company will pick up those materials and they will be disposed of off-site according to current regulations. 10. Electromagnetic interference. No use shall be carded out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and property design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association. Furthermore, no use shall be carded out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Response: The proposed use shall not create electromagnetic radiation. 11. Hazardous materials and hazardous waste. Items a. through d. Response: The proposed use do not use, handle, store or display hazardous materials, or generate hazardous waste as described in this section. Page 3 PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Hendricks Variance (ZNCV 04-003) Thomas & Rona Hendricks 911 SW 28th Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004 TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet. LOCATION OF PROPERTY: 911 SW 28th Avenue Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. o The Applicant HAS ---~ HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C' with notation "Included". 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. All further development on the property shall be made in accordance with and conditions of this order. ;rms 7. Other DATED:~ City Clerk S:\Planning\SHARED\WP\PROJECTS\Henddcks Variance\DO Hendricks Va I in. = 100.0 teet · SUNSET RD SUNSET_RD HENDRICKS VARIANCE LOCATION MAP EXHIBIT "A" EXHIBIT "B" 25.0' 2_5.0' North I0.00' ~Oo r~ 29,0' ~e.~ ~-? I10.00' ~ ~ 6th ~trc~t North ~t~ ~. EXHIBIT "B" 1 'ION iii P~OPO~ED POOL PI~OPOE~ED POOL DECK EXlSTIN~ ONE 5TO~¥ C;B5 EXHIBIT "BII · .GOUTI-tLUE,GT 2E,',.h AVENUE SITE PLAN I/E," ..Gc. EXHIBIT "C" Section 5. Zoning Code Variance Application: Thomas & Rona Hendricks 911 SW 28th Ave A. The property in question is a 2 bedroom/2 bath home located on a 85 x 110 lot. The home was purchased with the intent of adding a 3rd bedroom to accommodate the family (Thomas, Rona Thomas Jr. & Rebecca). The current layout of the home dictates that the addition should be added to the North/West side of the property. Any other positioning of the addition will also require a variance and complicate the construction and add unnecessary cost. In addition, other positioning of the improvements will tend to minimize the potential increase in property value. B. The above special conditions/circumstances are not a result of any action of the applicants. C. Granting of this variance will not confer any special privilege to the applicants. As stated in section D. below, the city has granted a similar variance to other residents in the same zoning district. In addition, upon review of other properties in the area it is evident that the setback has been encroached upon at one time or another. D. By not granting this variance the city of Boynton Beach will deprive the applicants of rights enjoyed by other properties in the same zoning district. Specifically, a variance was granted to the oxvners of the property located at 710 SW 27th Ave. (Lot 11, Bock 9, Forest Hills Subdivision) on 6/3/2003 which provided the owners relief from Chapter 2, Zoning Section 5.C.2.a which requires a minimum rear setback of 25fl. for a single-family residential (R-l-AA) zoning district. In addition, the city acknowledges that the setbacks are unreasonable and are currently reviewing the rear setbacks with the intention of reducing them to be more reasonable and in line with other municipalities in the area. E. The subject improvement represents a minor expansion of the home relative to the minimum living area standard applicable to the subject zoning district. The proposed improvements will add approx 450 sq. fi of living space to the existing 1300 sq. fi. home. Most other homes in the area are 3-4 bedroom homes with total square footage in excess of 2500 sq fi. on similar size lots. F. The granting of this variance and the resulting improvements will be in harmony with the surrounding properties and will not be injurious to the area involved or detrimental to the public welfare. In addition, the proposed improvements will add value to said property and in general contribute to the overall raising of property values in the subject zoning district. EXHIBIT "D" Conditions of Approval Project name: Hendrick Variance File number: ZNCV 04-003 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 PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~to_~ S:~Planning\SHARED\WPLPROJECTS~Hendricks Variance\COA.doc S:\Planning~Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc