The URL can be used to link to this page

Minutes 10-04-04MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 4, 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 Jim Cherof, City Attorney Janet Prainito, City Clerk I. OPENINGS: Ao Call to Order - Mayor Jerry Taylor Invocation - Commissioner Mack McCray Pledge of Allegiance to the Flag led by Commissioner Mack McCray Mayor Taylor called the meeting to order at 6:32 p.m. Commissioner McCray offered the invocation, followed by the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mr. Bressner requested adding a presentation of a videotape of Mayor Taylor being interviewed by Fox News under "Unfinished Business". 2. Adoption Motion Commissioner McKoy moved for approval. Motion seconded by Commissioner McCray. The agenda was approved, as amended, and carried 5-0. II. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Ferguson noted that two trains passed through the City last Thursday resulting in a one hour and twenty minute wait. If anyone on the east side of the City needed emergency services, Fire Rescue could not have reached them. He was grateful for their decision to build a new fire station on Federal Highway to avoid these types of situations from happening and was eager for its completion. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Commissioner McCray explained that the Commission meeting was being held tonight instead of Tuesday, because some of the Commissioners will be with the Police Department on Wednesday when they receive their accreditation in Orlando, Florida. Commissioner Ensler reported that he received calls commending Public Works, and specifically Larry Quinn, for the work they did in coordinating the removal of debris throughout the City. Commissioner Ensler also extended his appreciation to the City and the Public Works Department for doing a fine job in removing all the debris. Commissioner Ensler stated that he attended a Palm Beach County Intergovernmental Coordination Group meeting last week that dealt with annexation. The group is comprised of all municipalities within the County. Their goal is to find a better way to manage the annexation taking place within the County as municipalities expand. They are also proposing the following: (1) to establish municipal boundaries; (2) to establish anticipated land uses for all future annexation; (3) to establish timeframes for individual parcels within the boundaries; and (4) to define a schedule for service provisions, such as police, fire and water; and the transference of these services. Commissioner Ensler noted that the City would be discussing annexation and he would like the City to be more involved in what the boundaries would be for the City in the future. Mayor Taylor inquired if the group would be determining the land uses for the annexed property. Commissioner Ensler noted that since the group was comprised of all cities within the County, Boynton Beach would have representation on these issues. Commissioner Ensler wanted to make sure that the City did have representation as these issues are dealt with. Mayor Taylor agreed that the City should definitely have representation, but he felt that most cities would not be in favor of having a group set future uses within their own boundaries. Commissioner Ensler noted that this particularly pertained to the communities in the western portion of the County that are fighting over who gets what land. Mayor Taylor felt that this should be carefully monitored. III. ANNOUNCEMENTS, PRESENTATIONS: COMMUNITY & SPECIAL EVENTS, & A.* Announcements: The Regular City Commission Meeting of December 21, 2004 has been cancelled Mayor Taylor announced that the Regular City Commission Meeting of December 21, 2004 has been cancelled due to the proximity of the meeting date to the holidays. There will be no change for the first meeting in December scheduled for Tuesday, December 7th. Meeting Hinutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 B. Community and Special Events: None C. Presentations: 1. Proclamations: None IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (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, a resident of Boynton Beach, continues to be in favor of allowing a person to serve on more than one City Board as long as it was not a quasi-judicial board. Secondly, Mr. Suss thanked Public Works for doing a wonderful job of cleaning up after the hurricanes. He also complimented Mayor Taylor and Mr. Bressner for their help with distributing ice and water. He also thanked the members of COPS for doing a wonderful job in distributing the ice and food, but noted that this was a strenuous job for most of those members who were elderly. He felt that their services could have been better utilized if they were trained to direct traffic during emergency situations. Many citizens spoke to him about the non-functioning traffic lights and as a result, were afraid to go out on the roads. Mr. Suss congratulated Dan Hager on his appointment as Golf Director of the Links. Mayor Taylor noted that the volunteers did a wonderful job working in the heat and the City appreciates their civic pride. Mike Brinkman, 518 Industrial Avenue, Boynton Beach, had requested a trash removal from the Industrial Avenue area, and was informed that the City does not do commercial pick ups. He cleaned up the streets after Hurricane Frances and piled the debris along the side of the road, only to learn that the City would not pick it up. He noted that this is the first time he asked for a pick up in the City after he and his employees took the initiative to clean up the roads. He pointed out that Poly Plastics also has a great deal of debris that needs to be picked up. Had he known that the City would not pick up the debris, he would not have cleaned up the area. Mayor Taylor requested that Jeff Livergood, Director of Public Works, respond to this. Mr. Livergood stated that the City is very cautious about picking up material from private properties, especially commercial properties, so as not to jeopardize the City Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 being reimbursed by FEMA. However, if the material is in the public right-of-way and is hazardous to the public, the City can pick it up and still be eligible for reimbursement by FEMA. Mr. Livergood will check Industrial Avenue tomorrow to determine how to proceed. Buck Buchanan, 807 Ocean Inlet Drive, President of Inlet Cove Association (INCA) wished to discuss the City's first IPUD being built called Seaview Park. INCA is pro development, but is opposed to this project because it is not compatible with the neighborhood. The project would overwhelm the area and could not be screened from adjacent neighborhoods due to its height. The project would be visible to all the houses located along the cove. Mr. Buchanan pointed out that IPUD regulations are supposed to protect the homeowners and a project cannot be rezoned unless it proves that it is compatible with the neighborhood. Mr. Buchanan requested that the Commission give his request consideration. Commissioner McCray inquired how many families comprise the INCA HOA. Mr. Buchanan thought that it included at least 130 homes. Mayor Taylor reported that he received several letters from residents expressing their concern of having four-story buildings overlooking a single-family neighborhood. Commissioner Ensler pointed out that the Commission must deal with requests that are permitted. The Commission has to be careful that it does not disapprove projects that are permitted by the zoning in order to prevent lawsuits against the City. Harvey Oyer, 512 North Seacrest Boulevard, said that the voters turned down the Commission's request for a bond issue. However, the Commission came up with the money from other sources, thus creating a lack of confidence in the integrity of the City Commission. He would like the City's proposed improvements paid for through bond issues to insure that future residents would pay their fair share of the improvements. Mr. Oyer would like the types of trees and landscaping in the City changed. He would like all trees that interfere with right-of-ways and easements for utilities cut back or removed. He suffered a $15,000 loss in deductibles to his buildings located next to a City park. The trees in the park were not trimmed and the leaves from these trees blew over to his building, clogging the drains that caused his ceiling to cave in. He felt that the trees planted by City Hall were a hazard and he was opposed to having trees planted between the sidewalk and the curb. Mayor Taylor agreed that the City needed to readdress its future landscaping plans, but it is not unusual for native trees to be blown down as well. With regard to the bond issue, Mayor Taylor pointed out that the people voted against the bond issue and the Commission did find the funds to do the projects that would have been financed through the bond issue. He took exception to Mr. Oyer's remark regarding the integrity of Commission. Mayor Taylor felt that the Commission did a wonderful job by locating the money without going into people's pockets. 4 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Since no one else wished to speak, the public audience was closed. V. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date II McCray III Ferguson Advisory Bd on Children & Youth Alt Advisory Bd on Children & Youth Alt Mayor Taylor Bldg. Bd of Adj & Appeals Reg I Ensler Bldg. Bd of Adj & Appeals Reg II McCray Bldg. Bd of Adj & Appeals Alt III Ferguson Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/05 1 yr term to 4/05 3 yr term to 4/07 3 yr term to 4/07 Iyr term to 4/05 1 yr term to 4/05 (Tabled 3) (Tabled 3) Mayor Taylor Cemetery Board Alt Ill Ferguson Code Compliance Board Alt IV McKoy Code Compliance Board Alt 1 yr term to 4/05 1 yr term to 4/05 1 yr term to 4/05 (Tabled 3) (Tabled 3) IV McKoy Education Advisory Board Alt II McCray Education Advisory Board Alt III Ferguson Education Advisory Board Stu IV McKoy Education Advisory Board Stu 1 yr term to 4/05 1 yr term to 4/05 1 yr term to 4/05 1 yr term to 4/05 (Tabled 3) (Tabled 3) (Tabled 3) (Tabled 2) Vice Mayor Ferguson appointed Jeffrey Andre as a Student Member of the Education Advisory Board. Motion Commissioner McCray moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. All other appointments were tabled. Commissioner McCray agreed with Mr. Suss' recommendation that people be allowed to serve on more than one Board. 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: City Commission Public Hearing on Fire Assessment- September 14, 2004 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4,2004 Agenda Preview Conference - September 17, 2004 Regular City Commission Meeting - September 21,2004 Bids and Purchase Contracts - Recommended Approval- All expenditures are approved in the 2003-2004 Adopted Budget Award the bid for "ANNUAL CONTRACT FOR AUTOMOTIVE AND SMALL PARTS AND ACCESSORIES" on an overall basis to the lowest most responsive, responsible bidder. Bid #088-1412- 04/CJD with an estimated annual expenditure of: $150,000 Award Bid #085-1412-04/CJD for 'ANNUAL SUPPLY OF BRASS FITTING AND ACCESSORIES" on an overall basis to the lowest, most responsive, most responsible bidder who meets all specifications along with brand name, vendor shipping - Estimated annual expenditure of: $200,000.00 C. Resolutions: Proposed Resolution No. R04-175 Re: Approving the real estate lease for beautification, parking and street encroachment for a portion of the F.E.C. Railroad right-of-way lying within the length of corporate limits of the City of Boynton Beach which is more than 25 feet from the centerline of the northbound track Proposed Resolution No. R04-176 Re: Approving a revised fee structure for Boynton Beach Memorial Park and Sara Simms Memorial Gardens Commissioner McCray removed Item C.2 from the Consent Agenda for discussion. Proposed Resolution No. R04-177 Re: Authorizing an Agreement for Water Service Outside the City Limits with Martha M. Non'us for the property at 1170 Peak Road, Lake Worth, Florida (Ridge Grove ADD NO 1 LTS 238 to 241 INC) Proposed Resolution No. R04-178 Re: Authorizing the execution of cooperative funding agreement No. DG050213 with South Florida Water Management District that will provide $50,000 in reimbursement funding from the District for the South Federal Highway Median Irrigation Conservation project Proposed Resolution No. R04-179 Re: Authorizing the execution of the Urban Group's negotiated contract to purchase property owned by Leo Vincent Poole, located at 206 NW 13th Avenue for $20,000 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4,2004 D. Ratification of Planning & Development Board Action: Ward Variance (ZNCV 04-004) - 230 Gateway Boulevard - Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum rear yard setback of 25' for a single-family home within the R-1-A zoning district, to allow for a variance of 9' and a rear yard setback of 16' Ed Carey Design (SPTE 04-006) - 2600 High Ridge Road - Request for a one (1) year time extension of the site plan approval granted on July 15, 2003, from July 15, 2004 to July 15, 2005 Venetian Villas (Plat and Amended Alhambra Square Settlement Agreement) - South side of Southwest 23rd Avenue (Golf Road) approximately 600' east of Congress Avenue - Request for review for compliance with the site plan and amended settlement agreement Quantum Park NOPC #14 (MPMD 04-005) - West side of Interstate 1-95, between Miner Road and Boynton (C-6) Canal Request for Master Plan Modification approval to add the "Office/Industrial & Industrial with Retail Sales" (OI & Ind/R) land use designation to lots 17, 12, 50A and 52 and to change the use designation on lots 81 and 82 to" Governmental & Institutional "within the Development of Regional Impact (DRI) E. Ratification of CRA Action: None Fo Authorize the City Manager to work with the Boynton Cultural Centre, Inc. who is requesting the opportunity to define, develop and design use for and operate the Old High School in partnership with the City Vice Mayor Ferguson removed Item VI.F. from the Consent Agenda for discussion. Go Motion to approve the "DAMAGED COMPUTER EQUIPMENT LIST" (Desktops) as submitted by the Warehouse and allow for the disposal of same Approve full release of surety covering the water system for project known as Vermeer Southeast Sales and returning the cash surety in the amount of $1,200 to the developer, Bokhoven & DenBesten, Ltd. Approve full release of surety covering the water and sewer systems for the project known as Survivors Charter School (Quantum Park Lots 18, Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4,2004 19, 18A & 19A) and returning Letter of Credit No. 28686/100 from Fidelity Federal Bank & Trust to the developer, 1325 Gateway LLC J. Authorize repair to private property due to utility system damage Direct the Occupational License staff to extend the Occupational License renewal deadline to October 31,2004, without application penalty Motion Vice Mayor Ferguson moved to approve the Consent Agenda, as amended. Motion seconded by Commissioner McCray and unanimously carried. 0,2. Proposed Resolution No. R04-176 Re: Approving a revised fee structure for Boynton Beach Memorial Park and Sara Simms Memorial Gardens Commissioner McCray pulled this item to allow public input on the proposed increase in cemetery fees. He pointed out that even with the increases, the fees charged by the City's cemeteries were still Iow. Commissioner McCray noted that no one from the public wished to address this item. Motion Commissioner McCray moved to approve Proposed Resolution No. 04-176. Motion seconded by Commissioner McKoy and unanimously carried. Authorize the City Manager to work with the Boynton Cultural Centre, Inc. who is requesting the opportunity to define, develop and design use for and operate the Old High School in partnership with the City Mayor Taylor noted that recently there was an excellent presentation on developing the Town Square, at which time pictures were shown how other cities built attractions in their cities. Since that presentation, Mayor Taylor had given additional thought on how the Town Square should look. He would like the Commission to consider building a state-of-the-art Civic Center that could become a major attraction in the City. In order to accomplish this, more room would be needed. He noted that the Boynton Cultural Centre wanted to work with the City in refurbishing the Old High School. They would like to offer more museum activities for older children that require more room and in which Mayor Taylor is in favor of doing. He noted that the costs to redo the old High School would be upwards of $4 million or possibly $5 million. He noted that there are many people who have a sentimental attitude in saving the Old High School for its historic value. If the City built a state-of-the-art Civic Center some features from the Old High School could be incorporated into it. This new Civic Center could provide all the needed 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4~2004 museum space. Mayor Taylor also recommended razing the Madsen Center and providing space for that building as well in the new Civic Center. All activities being done in the current Civic Center would still take place in the new Civic Center, while accommodating all other activities that could be held on additional floors. Mayor Taylor was in favor of having a large band shell for outdoor concerts, along with a water feature for children. He would like the Boynton Cultural Centre to be part of the planning and design, along with the City's Recreation and Parks Department. Vice Mayor Ferguson pointed out that it was the intent of the Boynton Cultural Centre to acquire grants to increase the space and activities for the Children's Schoolhouse Museum, and he thought that these needs could be accommodated in a new Civic Center. He was in favor of having a five to six-story Civic Center for this purpose. Commissioner Ensler was of the opinion that refurbishing the Old High School would be part of the City's recreation program that would offer various activities for the youth in the City. Commissioner Ensler toured the Old High School last week and he was not certain if the City should change its direction now. He felt it was important that the uses for the Old High School be determined, if it was decided to keep it. Commissioner McCray pointed out that the Boynton Cultural Centre offered to assist in obtaining grants to redo the Old High School and the Commission was in favor of this. Commissioner McCray inquired how much money was spent on the Old High School to date and Mr. Bressner responded $188,790.97. Commissioner McCray was in favor of hearing what the Boynton Cultural Centre has done to date before any new direction is taken. He recommended meeting with that agency to determine this, and he felt that they should stay on their current course since the City has already spent $188,790 to learn that the building was salvageable. He thought that the Commission needed to find out if the Boynton Cultural Centre would feel comfortable moving in a new direction. Mayor Taylor was not certain that the Commission requested that the Boynton Cultural Centre start looking for grants and no decisions were made at the workshop. He realized that following through with his recommendations would incur additional costs. Mr. Bressner confirmed that additional research and expenses would be incurred to determine the feasibility of building a new building versus the adaptive reuse of the Old High School. The original plan presented by the Town Center Team at the workshop called for a two-story community center to be constructed next to the existing Civic Center with the Old High School remaining. Mr. Bressner pointed out that by following prior Commission policy, they designed a Town Center that included the Old High School. The team also determined that keeping the current Civic Center was not feasible and that it needed to be replaced. Also, the Madsen Center had the same status. The Plan the team devised included a greenspace where the old Civic Center is now located. However, if they decided to build a new Civic Center on the existing site and raze the Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4~2004 Old High School, there would be open space available where the Old High School stood. Mr. Bressner recommended having dialogue with the Boynton Cultural Centre to determine their interests. He pointed out that the Boynton Cultural Centre is a 501(c)(3) corporation and could go out for grants and funding from foundations. However, before they can proceed to seek funding, they would need to know what building they would be seeking funding for. Commissioner McCray acknowledged that the Commission did not tell the Boynton Cultural Centre to go out and get grants, but they offered to start looking for grants and they were encouraged to do so. This has been an ongoing issue for many years and he wants some solid decisions made. Mr. Bressner noted for the record that City staff recommended tearing the Old High School down. Hillary Lynch, past-President of the Boynton Cultural Centre, stated that they have never taken a firm stance on saving the Old High School; they have supported the Commission's decision in whatever direction it wanted to proceed. They are interested in saving the Old High School, but if the Commission decides to go in a different direction, they would support the Commission's decision. Before they can actually seek grants, they need to know this. Commissioner McCray inquired if they proceeded with a state-of-the art Civic Center, where would the funds come from. Mayor Taylor felt that the money earmarked for the Old High School could be used for this purpose. Commissioner McCray did not feel that this would be enough money. Mr. Bressner agreed that this information is needed. He felt that staff would need to seek the services of a qualified contractor to perform an analysis of new construction versus refurbishing the Old High School. Also, consideration for use of the buildings would have to be looked at. Mr. Bressner noted that other factors that need to be determined would be long-term operation and maintenance, and functionality of the buildings. Mayor Taylor pointed out that there were limitations with the footprint of the Old High School that would influence what could be done inside of the building. He felt it would be a lot better to have a new building because these limitations would not be present. Mayor Taylor was in favor of moving forward with the new Civic Center. Mr. Bressner recommended coming back to the Commission in approximately 60 days with a report. This would necessitate the Town Square Team reconvening and utilizing the services of the consultant that assisted with the development of the original plan. They would have to engage a construction expert to provide the needed information on the feasibility of building new versus refurbishing that could provide a ballpark cost. He estimated that it would probably cost $8,000 to $10,000 for this information. 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4,2004 Mayor Taylor wanted assurances that the Boynton Cultural Centre would remain involved in the process. Mr. Bressner agreed with this and felt that they were willing to remain involved, but needed to know what they would be dealing with. It also must be determined where the recreational activities displaced in the Civic Center could be accommodated. Commissioner Ensler inquired if the item should be tabled. Mr. Bressner recommended that the Commission authorize the City Manager to re-engage the Town Center Team and obtain a cost proposal to do an analysis of the stakeholder needs, including the Boynton Cultural Centre, plus the Recreation Department and any other interested parties. After the analysis is prepared, the findings would be presented to the Commission. Commissioner McCray noted that when they had the CIP Workshop, the Commission authorized the City Manager to take charge and work with the Boynton Cultural Centre to define and design the Old High School in partnership with the City. Commissioner McCray was in favor of doing a study and having it brought back to the Commission, Motion Commissioner McCray moved to authorize the City Manager to do what is necessary to bring back a report to the Commission in sixty (60) days. Motion seconded by Commissioner Ensler. (No vote was taken on this motion) Mayor Taylor inquired if a motion was necessary and could this be done by consensus. Mr. Bressner asked Attorney Cherof if a motion was necessary to authorize the negotiation of a contract to bring back the O'Gorman Budano Group to perform work on phase 2 of Town Square. Mayor Taylor pointed out that they were not approving the item on the agenda. Attorney Cherof responded that the Commission needs to have a proposal presented to it by whomever the Manager chooses to work with or they could authorize the City Manager to go out for an RFQ to determine whom he would be working with. Mr. Bressner recommended utilizing the former consultants since they are familiar with the project. Motion Vice Mayor Ferguson moved to disapprove the item as presented and to authorize the City Manager to proceed in the direction presented to the Commission. Motion seconded by Commissioner McCray and unanimously carried. VII. CODE COMPLIANCE & LEGAL SETTLEMENTS: None ]1 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 VIII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Attorney Cherof administered the oath to all persons who would be testifying and stated that both items would be heard together. Project: Agent: Owner: Location: Description: Gulfstream Gardens (ANEX 04-003) Bradley Miller, 'Miller Land Planning Consultants, Inc. Multiple Ownership West side of Federal Highway, approximately 1/4 mile north of Gulfstream Boulevard Request for annexation of 9.99 acres of partially developed parcels located in unincorporated Palm Beach County (1,t READING OF PROPOSED ORDINANCE NO. 04-080) Project: Agent: Owner: Location: Description: Gulfstream Gardens (LUAR 04-004) Bradley Miller, Miller Land Planning Consultants, Inc. Multiple Ownership West side of Federal Highway, approximately 1/4 mile north of Gulfstream Boulevard Request to amend the Comprehensive Plan Future Land Use map from Commercial High/5 (Palm Beach County), General Commercial and Local Retail Commercial (Boynton Beach) to Special High Density Residential; (1st READING OF PROPOSED ORDINANCE NO. 04-081) and Request to rezone from Commercial General (CG) (Palm Beach County), C-4 General Commercial and C-3 Community Commercial (Boynton Beach) to Planned Unit Development (PUD) (1~ READING OF PROPOSED ORDINANCE NO. 04-082) Proposed use: Multi-family residential development Dick Hudson, Senior Planner, presented the item on behalf of staff. The location map was displayed on the overhead screen and Mr. Hudson pointed out the boundaries of the project. Staff recommended approval. The annexation and land use amendment are consistent with the Comprehensive Plan dealing with policies that support annexation of enclaves and the reduction of land for commercial uses. The project would benefit the City fiscally and aesthetically, while providing an economic contribution to the neighborhood as well as the City. Commissioner McCray noted that this item had been previously tabled as indicated on the agenda backup. Mr. Hudson confirmed that the item had been postponed to a date certain. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Motion Commissioner McCray moved to remove from the table. Motion seconded by Commissioner Ensler and unanimously carried. Commissioner Ensler inquired if the CRA approved the item and was informed that they did approve it. Bradley Miller, Miller Land Planning Consultants, Inc. was present on behalf of the applicant. Mayor Taylor asked Mr. Miller if he agreed with all staff conditions and Mr. Miller stated that they did. Mr. Miller reported that they are proposing to build 199 units on the property. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Attorney Cherof read Proposed Ordinance No. 04-080 by title only. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-080. Motion seconded by Commissioner Ensler. City Clerk Prainito called the roll and the motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 04-081 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-081. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 04-082 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-082. Motion seconded by Commissioner Ensler. City Clerk Prainito called the roll and the motion carried 5-0. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4~2004 C0 Project: Agent: Owner: Location: Description: Boynton Mango (LUAR 04-011) Maggie Barszewski Boynton Mango LLC Northwest corner of Boynton Beach Boulevard & NW 7th Court Request to amend the Future Land use designation from Low Density Residential (LDR) to Local Retail Commercial (LRC) (1st READING OF PROPOSED ORDINANCE NO. 04-083); And rezone from R-1-A Single-Family Residential to C-2 Neighborhood Commercial (18t READING OF PROPOSED ORDINANCE No. 04-084) Attorney Cherof administered the oath to all persons who would be testifying. Dick Hudson, Senior Planner, presented the item on behalf of staff. Mr. Hudson pointed out that the parcel is .08 of an acre and is designated Low-Density Residential. However, the property has been given a C-2 use that would allow the property to be used as commercial. Also, there is a restriction that the northern 30' of the property could be used only for landscaping and drainage. If the rezoning were approved, the restriction would be eliminated. Staff recommends approval because this is merely a minor boundary adjustment in order to maintain general compatibility of the proposed land use with surrounding land uses. Approval would also resolve an inconsistency between the future land use map and the zoning map. The buildable square footage of the commercial space would not be increased and would provide an opportunity for better site planning of the property. Staff has recommended conditions of approval. The buffer wall normally required between commercial and residential zoning districts would be enhanced and set back an additional 3' from the property line for an overall setback of 5' from the property line with appropriate landscaping on both sides to buffer adjacent properties. Any structure placed on the property must be located as close to Boynton Beach Boulevard as allowed by code to lessen intrusion into the existing single-family neighborhood. Jim Knight, 740 Havana Drive, Boca Raton, was present on behalf of the property owners. Mayor Taylor asked Mr. Knight if he agreed with all the staff conditions and he stated that he did. Attorney Cherof read Proposed Ordinance No. 04-083 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October~2004 Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-083. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Attorney Cherof read Proposed Ordinance No. 04-084 by title only. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-084. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Project: Agent: Location: Description: Car Rental (CDRV 04-006) Michael A. Rodriquez, Sachs, Sax & Klein Citywide Request to amend Chapter 2, Zoning, Section 6.C with the addition of supplemental regulations to include automobile rental as a conditional use on sites zoned C-3 and greater than 75 acres (1st READING OF PROPOSED ORDINANCE NO. 04-079) Attorney Cherof administered the oath to all persons who would be testifying. Ed Breese, Principal Planner, presented the item on behalf of staff. The Planning and Development Board and the CRA approved the item. This is a request to allow car rental businesses as accessory uses to minor automotive repair in shopping centers that are greater than 75 acres as a conditional use. Staff recommends approval of the item with the following conditions. The customer service area is to be located within the building and no more than 12 automobiles would be stored on site for purposes of rental in marked stalls. No fueling of automobiles would be permitted on site. Mayor Taylor pointed out that the Boynton Beach is the only location where this would apply. The request is being made for Sears Service Center. Paula Colson appeared on behalf of the applicant. Mayor Taylor asked if Ms. Colson agreed with all staff conditions and she stated that she did. Mayor Taylor opened the public audience. Since no one wished to speak, the public audience was closed. Attorney Cherof read Proposed Ordinance No. 04-079 by title only. Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-079. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. IX. CITY MANAGER'S REPORT None X. FUTURE AGENDA ITEMS: A. Workshop regarding City Hall/Public Safety Space Needs Report (TBA) B. Proposed Lease Agreement with Boynton Woman's Club (TBA) Co Management of Colors along Congress Avenue, Federal Highway, Gateway Boulevard and Boynton Beach Boulevard (TABLED ON 8/3/04 based on review by Planning & Development Board and CRA) D. City Commission District Boundary Review- December 7, 2004 Xl. NEW BUSINESS: Xll. LEGAL: A. Ordinances -- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 04-064 Re: Abandoning a portion of an unimproved 50-foot wide road right-of-way for NW 8t' Avenue, adjacent to Lots 154 and 155, Block C, Boynton Hills Subdivision (NW 8th Avenue) (Tabled to 10/19/04 to allow for conditions of approval to be met) Proposed Ordinance No. 04-076 Re: Abandoning a portion of the Northeast 3rd Avenue right-of-way extending westward from NE 3rd Street to the west boundary of the Arden Park Plat (.lanis Group) (Table to October 19, 2004 to allow conditions of approval to be met) Proposed Ordinance No. 04-077 Re: Amending Quantum Park NOPC #14 (DRIA 04-001) to create the new land use option "Industrial with Retail Sales" (Ind/R) to add this use option to lots 17, 21, 50A and 52 and to re-designate lots 81 and 82 to "Governmental & Institutional" Attorney Cherof read Proposed Ordinance No. 04-077 by title only. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Mayor Taylor opened up the public audience. Since no one wished to speak, the public audience was closed. Motion Vice Mayor Ferguson moved to approve Proposed Ordinance No. 04-077. Motion seconded by Commissioner McCray. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-078 Re: Amending Chapter 15 of the Code of Ordinances entitled "OFFENSES- MISCELLANEOUS" Article IV, Community Appearance and Maintenance, Section 15-120 Attorney Cherof read Proposed Ordinance No. 04-078 by title only. Mayor Taylor opened up the public audience. Since no one wished to speak, the public audience was closed. Vice Mayor Ferguson was not in favor of this Ordinance and felt that the Ordinance would greatly increase the Code Compliance caseload. Mayor Taylor noted that some of the City's larger fire equipment has had difficulty traversing certain streets due to the overhang of branches into the roadway. This Ordinance would provide them greater clearance and was needed for safety reasons. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-078. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 4-1 (Vice Mayor Ferguson dissenting). B. Ordinances - 1st Reading Proposed Ordinance No. 04-085 Re: Annexation of 0.72-acre partially developed lot located in unincorporated Palm Beach County (Edward Medical Office Building (ANEX 04-004) Attorney Cherof read Proposed Ordinance No. 04-085 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-085. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-086 Re: Amending the Comprehensive Plan Future Land Use Map for Commercial 17 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 Commissioner McCray reported that the Commission received a letter from Legal stating that the request was acceptable, but he would like to hear from the Finance Director whether this would infringe on the City's bond ratings. Bill Mummert, Director of Financial Services, stated that he reviewed the CRA request that the City guarantee their debt and the impact that it might have upon the City's ability to proceed with any future debt issuance, if needed. As indicated by Bond Counsel, he does not see that the City's backup pledge would have any affect upon the City's ability to issue future debt. He pointed out that the bonds would be secured by the CRA tax increment revenues that are currently sufficient to meet their operating expenses and the new debt service requirement. The revenue stream is projected to triple over the next three to four years and the project tax base appears to be very strong. Commissioner Ensler requested that Jeanne Heavilin, Chairperson of the CRA, inform the audience why the CRA is requesting $19,575,000. Jeanne Heavilin, Chairperson of the CRA, assumed the podium and stated that the purpose of the bond was to lock in funding for major projects that have been identified. Those projects include the Boynton Beach Boulevard Extension, the Promenade and Riverwalk. The funds would be used for land acquisition for these projects, additional public parking and the Marina Village parking garage. By having the bond funding available, the CRA will be in a position to use its regular TIF increment for other projects, the largest one being Phase 1 of the Heart of the Boynton. The request is for two approvals. The first request is to grant the CRA the ability to secure the debt and the second would be for the Commission to authorize the back-up pledge to support the 20-year tax-exempt offering. Motion Commissioner Ensler moved for approval. Motion seconded by Commissioner McKoy and unanimously carried. 2. Approval of PBA Memorandum of Understanding Attorney Cherof referred to the handout given to the Commission earlier. He pointed out that Paragraph 1 provides for the payment of eight (8) hours of pay for bargaining unit members who were called in for twelve (12) hour shifts during Hurricane Francis emergency conditions. He noted that the funds would automatically be paid, but because this was part of a bargaining unit, the consent of the unions was necessary, which is set forth in the Memorandum of Understanding. Motion Commissioner McCray moved for approval. Motion seconded by Vice Mayor Ferguson. 19 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October4,2004 Mayor Taylor thanked the Police Department for performing an outstanding job during the hurricane. Mr. Bressner agreed with Mayor Taylor and pointed out that the City's level of service of assisting FPL and the County was more than any other municipality provided so that the restoration of services could be accomplished as soon as possible. Vote Motion carried 5-0. Mayor Taylor noted that there was an item on the consent agenda that he had wanted to pull because he had some questions. Mayor Taylor inquired if the Commission would like to re-consider Item VI.J, "Authorize repair to private property due to utility system damage." Motion Commissioner Ensler moved to reconsider Item VI.J. Motion seconded by Commissioner McCray and carried 4-1 (Vice Mayor Ferguson dissenting). Commissioner Ensler recalled that at the Agenda Preview Meeting, Counsel provided advice on this item and he asked Counsel to repeat what was said. Attorney Cherof stated that ordinarily the City would not expend funds to improve or repair damage to private property unless there was proof that the property was damaged through negligence on the part of the City, which is not the case in this situation. Attorney Cherof pointed out that this was damage that resulted from an act of God that occurred during the Hurricane. This is a case where the property owner should file a claim for property damage with their own insurance carrier. Mayor Taylor inquired if the Commission approved this, would the City be admitting negligence. Attorney Cherof stated that agreeing to make the payment implies negligence on the part of the City. Attorney Cherof explained that the City is prohibited from spending public money on private property. Mr. Bressner responded that the residents had been present, but left since the item had been approved on the Consent Agenda. If the Commission wanted to consider denying the request, he felt it was only fair that the residents be allowed to present their case. Mr. Bressner thought that this was a unique situation. Through no one's fault, the City could not respond to a broken water main that caused damage to private property for over 24 hours due to the weather conditions. Mr. Bressner remembered the call coming in at the EOC and when staff asked if they should go out and fix the broken water main, he informed them that they could not go out during the storm. He felt if employees had been sent out at that particular time, it would have put these employees' lives in jeopardy. Mr. Bressner thought that had staff been able to go out and perform the necessary repairs, it would have reduced the impact upon the property. He noted that even if the City were not responsible, it was 20 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 High Intensity (CH-5) (Palm Beach County) to Local Retail Commercial (LRC) (Edward Medical Office (LUAR 04-008) Attorney Cherof read Proposed Ordinance No. 04-086 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-086. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-087 Re: Rezoning from General Commercial (CG) (Palm Beach County) to Community Commercial (C-3) (Edward Medical Office (LUAR 04-008) Attorney Cherof read Proposed Ordinance No. 04-087 by title only. Motion Commissioner McKoy moved to approve Proposed Ordinance No. 04-087. Motion seconded by Vice Mayor Ferguson. City Clerk Prainito called the roll and the motion carried 5-0. Proposed Ordinance No. 04-088 Re: Abandoning of a 40-foot wide unimproved right-of-way (Northeast 2nd Street) (306 Boynton Beach Boulevard, L.C.) (ABAN 04-005) Attorney Cherof read Proposed Ordinance No. 04-088 by title only. Motion Commissioner McCray moved to approve Proposed Ordinance No. 04-088. Motion seconded by Commissioner McKoy. City Clerk Prainito called the roll and the motion carried 5-0. C. Resolutions: None D. Other: Request for approval from City Commission to grant the CRA the ability to secure debt up to the amount of $19,575,000 secured by the CRA Tax Increment Revenues (TIF) 18 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida October 4, 2004 the City's tree on a City right-of-way that blew over and broke the water main. After the property was assessed for damage, he felt that the City needed to take action, Commissioner Ensler noted that since the applicants had left the meeting, he did not think it was fair to vote on the item until they could address the Commission. Motion Commissioner Ensler moved to table until the next meeting. Motion seconded by Commissioner McCray and unanimously carried. XlII. UNFINISHED BUSINESS: The Commission and audience enjoyed a viewing of a videotape of Mayor Taylor being interviewed by Fox News. XlV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 8:12 p.m. ATTEST: Recording Secretary (October 5, 2004) City of Boynton Beach 2! MEMORANDUM OF UNDERSTANDING The CITY OF BOYNTON BEACH, FLORIDA (the "City") and the PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION ("PBA") enter into this Memorandum of Understanding to record and agree to their understanding with respect to certain issues regarding pay and benefits during the Hurricane Frances State of Emergency. This Memorandum of Understanding is applicable to all three (3) current collective bargaining agreements between the City and the PBA (Officers and Detectives unit, Sergeants unit, and Lieutenants unit). The City and the PBA agree as follows: The City will pay eight (8) hours of pay, to each bargaining unit member who worked either the alpha or bravo shifts which were implemented during the local state of emergency (Hurricane Frances) and who were granted a day off from work, calculated at the member's base rate of pay. This one time payment shall not be considered "hours worked". The parties agree that there is no other special class of pay (i.e. call-back pay, standby pay, etc.) owed to the bargaining unit members as the result of the schedule change and the grant of a day off. During Hurricane Frances, officers were ordered to work 12 hour shifts during the emergency and all scheduled vacations were cancelled and no additional vacation requests were allowed. It is understood that all officers should not be penalized by losing vacation hours over their th maximum accrual after September 30 , 2004; the date for use of vacation th leave will be extended to November 30 , 2004 for all members. This is a one time extension to November 30th, 2004. All rules will apply on December Ist, 2004 as though it was October 1st, 2004. This Memorandum will become effective the date it is ratified by both the City Commission and bargaining unit. Page 1 of 2 S:'~CA\COLLECTIVE BARGAININ(APBA LTS. AND SGTS. 200AMOU- HURRICANE FRANCES.DOC ATTEST: This Memorandum is applicable to the Hurricane Frances local state of emergency and does not establish a precedent with respect to future emergency situations. CITY OF BOYNTON BEACH, FLORIDA City Clerk Approved as to form: Kurt Bressner, City Manager PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION James A. Cherof, City Attorney ATTEST: Mary Jill Hanson, PBA Attorney Date ratified by CiTY Date ratified by PBA Ernest W. George, President ,2004. ,2004. Page 2 of 2 S:\CA\COLLECTIVE BARGAININ~PBA LTS. AND SGTS. 200AMOU ~ HURRICANE FRANCES.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Ward Variance Larry and Hyacinth Ward 230 NE 22nd Avenue, Boynton Beach, FL 33435 ~evulopment P&Z Building Engineering Oct Licenee Deputy City C erk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4, 2004 TYPE OF RELIEF SOUGHT: Variance approval to construct a 630 square foot addition to a residence with a reduction in the rear yard setback requirement from 25 feet to 16 feet, a variance of 9 feet. LOCATION OF PROPERTY: 230 NE 22nd Avenue DRAWING(S): SEE EXHIBIT "b" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. ~:..~ ~ 7. Other ~:.-~, ,~i~ ~'~'"~:~ ¢~-~".~!!~!~ .~,,,~_.-...7_~..,~~.. :'~ DATED: / ~ '-~ - ~:~ 'J _~ Z/]. ~~~ ~~ ~_ / City Clerk '~¢:~ ~~ S:~Planning~SHARED~WP~PROJECTS~Ward Varian~ ~NCV 04~doc '::[: ~::". : ~'~ LOCATION MAP WARD VARIANCE EXHIBIT"A" iii EXHIBIT B (~ ,~ .:I) LOT9 -~(-~.-:... I £Or lZ i LOT'I1 I (J ~,, LOT I~ CI $'~). EXHIBIT B EXHIBIT B EXHIBIT "C" Hyacinth D. Ward 230 N.E. Gateway Blvd_ Boynton B~ach, FL 33435 Statement of Special Conditions A. That special conditions and circumstances exist which are peculiar to the land, structures, or buildings in the same zoning district Response: The property in question is a 2 bedroom 1 bath and also a special condition exists. The location of thc existing family room is at the rear of the house and is thc starting point for thc additional, to acco,~r,~odate our ~ and mother who is very sick, which would be a room and a bath for her and a ms-_,~t~r bed room next to h~rs so we could be close. B. Tha~ that special conditions and circumstances do not result from the actions of the applicant. Response: We bought the house in thc existing condition and no work was done by us. Response: The average house constructed in our district would normally be much larger than our house which is a 2 bedroom 1 bath with 1,068 square of living area, with tho proposed addition of 630 square feet to 1,698 square .D. That literal interpretation of tho provisions of this chapter would deprive U.S. of fights commonly enjoyed by outer properties in the same zoning district under the terms of the Ordinance and would work ~ and undue hardship on the applicant R~pome: I~ to th~ ~tisting location of our ho~se in tho middl~ of a comer tot, and th~ existing plan layout the provision of~ chapter would prevent us from the/ncmsse of space. Reasonable expansion with 3-25 leg s~ack mmld mske ira hard ~ on us. Response: The variance r~quested is the amount ofspac~ we need to do thc addition. ~ the granting of the variance will be in harmony with the general inter and purpose of this .~..~bapter and that such variance will not be injurious to th~ ar~a involved or othm' wise d~trim~tal ~to the pubi/c'welfare. Response: The varianc~ if grant~l would b~ a gr~t improwment to Be area and it will not ~fl~-t ~ adjacent property owners nor will it be detrimental to the pubic welitre. EXHIBIT "D" Conditions of Approval Project name: Ward Variance File number: ZNCV 04-004 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 FORE STERJENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: I 1. None ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARE D\WP\PROJ ECTS\Ward Variance\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Ed Carey Design Susan Carey 2600 High Ridge Road Boynton Beach, FL 33426 Development Guildlng nglneering ,cc. License eputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4, 2004 TYPE OF RELIEF SOUGHT: Request one year site plan time extension to the major site plan modification originally approved by the City Commission on July 15, 2003. LOCATION OF PROPERTY: 2600 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 ,,//GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~ ':' '~. ~-,~ S:\Planning\SHARED\WP\PROJEOTS\Quantum Park Ed sign (fka Vehicle _ Location Map ED CAREY DESIGN EXHIBIT "A" NIC R1AAA N EXHIBIT "B" Conditions of Approval Project name: Ed Carey Design File number: SPTE 04-006 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 FORE STERIENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. All previous conditions of approval must still be complied with. X DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park NOPC #14 (MPMD 04-005) APPLICANT'S AGENT: Eugene Gedica, Quantum Group of Companies Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S ADDRESS: 2500 Quantum Lakes Dr., Ste 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7, 2004 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to add the "Office/Industrial & Industrial with Retail Sales" (OI & Ind/R) land use designation to lots 17, 21, 50A and 52 and to change the use designation on lots 81 and 82 to "Governmental & Institutional "within the Development of Regional Impact (DRI). LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton (C- 16) Canal 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. 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. .,. 7. Other ~~~ J:XSHRDATAXPlanningXSHAREDXWPXFORM~s forms folderXDevelop.Order Form-2~~ Revised.doc ="-.: .:,~..:~~' NCIT IN EITY [3 "M IA OF 1::3 DMM E PARK3 AA 0 1/8 MILE: · '{300. FEET ............................................................... EXHIBIT "B" 'j~. ~ jj~Jllj t[lllll J J J I J I EXHIBIT "C" EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC #14/Master Plan Modification File number: DRIA 04-001 MPMD 04-005 Reference: Master Plans identified with a July 7, 2004 Plannin$ & Zonin~ date stamp markint~. 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: 1. The applicants will be subject to all applicable roles and regulations of all X governing agencies as each site is individually developed. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 3. Provide notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~~ S:\Planning\SHARED\WP",PROJECTS\Quantum Park Amendment #14 + MPMD\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park NOPC #14 (MPMD 04-005) APPLICANT'S AGENT: Eugene Gerlica, Quantum Group of Companies Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT'S ADDRESS: 2500 Quantum Lakes Dr., Ste 101, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 7, 2004 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification approval to add the "Office/Industrial & Industrial with Retail Sales" (OI & Ind/R)land use designation to lots 17, 21, 50A and 52 and to change the use designation on lots 81 and 82 to "Governmental & Institutional "within the Development of Regional Impact (DRI). LOCATION OF PROPERTY: West side of Interstate 1-95; between Miner Road and the Boynton (C- 16) Canal 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. 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 Applica. nt's application for relief is hereby ,,,"/.GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. DATED: (" / City Clerk J:\SHRDATA\Planning\SHARED\WP\FORM~,~BIedks forms folder\Develop. Order Revised.doc All further development on the property shall be made in accordance with the terms and conditions of this order. Other NOT IN ~ITY E) PID 'MOTOROI OF: I~O vi PARIC] A 0 1/8 MILE: '0 .40'0. '800-FE'ET .................................. EXHIBIT "B" EXHIBIT "C" II I I I I I itl~ llll llll EXHIBIT "D" Conditions of Approval Project name: Quantum Park NOPC #14/Master Plan Modification File number: DRIA 04-001 MPMD 04-005 Reference: Master Plans identified with a July 7, 2004 Planning & Zoning date stamp marking. 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: 1. The applicants will be subject to all applicable roles and regulations of all X governing agencies as each site is individually developed. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 380.06 (19)(e) 5.a. and (19)(e) 5.c. the application for a X proposed change is presumed to be a substantial deviation. This presumption may be rebutted by clear and convincing evidence. 3. Provide notice of concurrency (Traffic Performance Standards Review) X from Palm Beach County Traffic Engineering. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:LPlanning\SHARED\WP~PROJECTS\Quantum Park Amendment # 14 + MPMD\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Ed Carey Design Susan Carey 2600 High Ridge Road Boynton Beach, FL 33426 lulldlng ingJneering Icc. License eputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4, 2004 TYPE OF RELIEF SOUGHT: Request one year site plan time extension to the major site plan modification originally approved by the City Commission on July 15, 2003. LOCATION OF PROPERTY: 2600 High Ridge Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 Applica. nt · .,,~. 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 /~DDe City Clerk S:\Planning\SHARED\WP\PROJECTS\Quantum Park Ed sign (fka Vehicle Inspection)\SPTE 04-006\1 Location Map ED CAREY DESIGN EXHIBIT "A" ~ ir- i -f i ', '--I ,'",~'.,.'~ ~ ~! I i ! I ! ._:'--<,'~ ,,' ~ __--'% ', \.---- -- ~ / ~, : ~ ill ATEWAY BLVD EXHIBIT "B" Conditions of Approval Project name: Ed Carey Design File number: SPTE 04-006 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: 1. All previous conditions of approval must still be complied with. X Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT 2. The applicant must submit an updated traffic concurrency approval letter X from Palm Beach County Traffic Engineering which extends the build-out date, prior to issuance of any permits. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined,t~/} O~toZ-~ S:x~Planning\SHARED\WP~PROJECTS\Quantum Park Ed Carey Design (fka Vehicle lnspection)\SPTE 04-006",COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Ward Variance Larry and Hyacinth Ward 230 NE 22nd Avenue, Boynton Beach, FL 33435 '~evelopment &Z uilding noineorJng icc. License ~eputy City Clerk DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4, 2004 TYPE OF RELIEF SOUGHT: Variance approval to construct a 630 square foot addition to a residence with a reduction in the rear yard setback requirement from 25 feet to 16 feet, a variance of 9 feet. LOCATION OF PROPERTY: 230 NE 22nd Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 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 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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other S:/Planning/SHARED~WP/PROJECTS~Ward Variance/~NCV 04~doc .. 150.0 feet LOCATION MAP WARD VARIANCE EXHIBIT "A" C. LOT LOT IZ I EXHIBIT B EXHIBIT B EXHIBIT "C", Hyacinth D. Ward 230 N.E. Gateway Blwk Boynton Beach, FL 33435 Statement of Special Conditions A. That special conditions and circumstances exist which are peculiar to the land, structures, or buildings in the same zoning distri~ Response: The property in question is a 2 bedroom I bath and also a special condition exists. The location of the existing family room is at the rear of the home and is the starting poinI for the additional, to accoa~a~odate our lhmily and mother who is very siclq which would be a room and a bath for her and a master bed room next to hers so we could be close. B. That that special conditions and circumstances do not resuR from the actions of the applicant Response: We bought the home in the ex~fing condition and no work was done by us. C. The gr~nt~g of ttre varig will not confer on tl~ applkant any sp,~ial privilege that is de~i~tl by this ordinance to other lands. Response: The average house constructed in our district would nonmdly be much larger than our home which is a 2 bedroom 1 bath with 1,068 square of living area, with thc proposed addition of 630 square fee~ to 1,698 square feet .D. That literal interpretation of the provisions of this chapter would deprive U.S. of rights commonly enjoyed by outer properties in the same zoning district under the terms of the Ordinance and would work ~ and undue hardship on the applicant. R~sponse: Due to thc texist~g location of our house in th~ middle ora mr tot, and th~ existing plan layout the provision of thc chapter would prevent us from the incrvak~ of space. Reasonable expansion with 3-25 feet ~ wou~ v~m/ce it a hard s~ip.on n~. Response: The variance requested is the amount of space w~ need to do the addition. Tt~t thc granting of the variance will be in -~mony wi/h the general intent and putpose of this ~ .~!~.. pter and that such variance will not bo/njurious to th, area involv,d or other wise dctrJmcntaJ thc public welfare. Response: Thc variance ffgranted w~uld be a great impm~emenl Io the area and it will not effect the adjagent property owners nor will tt be detrtmentaI to the pubic welfltre. EXHIBIT "D" Conditions of Approval Project name: Ward Variance File number: ZNCV 04-004 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 ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined,ttx.~'~ S:\Planning\SHARED\WP\PROJECTS\Ward Variance\COA.doc