Minutes 07-05-06
MINUTES OF THE CITY COMMISSION MEETING HELD IN THE
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON WEDNESDAY, JULY 5,2006, AT 6:30 P.M.
Present:
Jerry Taylor, Mayor
Bob Ensler, Commissioner
Mack McCray, Commissioner
Mike Ferguson, Commissioner
Kurt Bressner, City Manager
James Cherof, City Attorney
Janet Prainito, City Clerk
Absent:
Carl McKoy, Vice Mayor
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Commissioner Mack McCray
C. Pledge of Allegiance to the Flag led by Commissioner Mack McCray
Mayor Taylor called the meeting to order at 6:28 p.m. Commissioner McCray gave the
invocation and led the Pledge of Allegiance to the Flag.
Mayor Taylor asked the minutes reflect Vice Mayor McKoy would not be attending the meeting.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor requested that under V. Administrative, the list provided of the names of
individuals to serve on the Visioning Steering Committee be approved by motion.
Motion
Commissioner Ensler moved to approve the addition to the agenda. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
Mayor Taylor also requested the reconsideration of CDBG funding be added to the agenda as
XIII.B. and moved forward on the agenda prior to VIII. Public Hearings. The Commission
agreed to the change to accommodate the attendees.
2. Adoption
Motion
Commissioner McCray moved to approve the agenda as amended. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
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Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
II. OTHER:
A. Informational Items by Members of the City Commission
Commissioner McCray commended the staff on the July 4th Celebration and Fireworks Display.
Mayor Taylor agreed and commented the display was spectacular.
III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
None
C. Presentations:
1. Proclamations
a. Recreation and Parks Month - July, 2006
Mayor Taylor read the Proclamation declaring July as Recreation and Parks Month and presented
the Proclamation to Wally Majors, Director of Recreation and Parks. Mayor Taylor thanked the
entire Recreation and Parks staff for their dedication and hard work. Mr. Majors invited everyone
to enjoy the many and varied events and parks within the City of Boynton Beach.
b. National Clean Beaches Week - June 29 thru July 5, 2006
Mayor Taylor read the Proclamation declaring June 29th through July 5th as National Clean
Beaches Week and presented the Proclamation to Gary Solomon and Dave Wagner of Sand
Sifters. Mayor Taylor thanked the Sand Sifters for their outstanding job.
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)
Sherry Johnson, Executive Director of the Community Caring Center, gave a brief
statement of the services the Community Caring Center provides to the citizens of Boynton Beach.
She announced an emergency fundraiser had been organized to assist in stocking the food pantry.
Ms. Johnson invited everyone to come and support the event that featured a lasagna dinner take
out at the First Baptist Church on Friday, July 7th. The price would be $5 for adults and $3 for
children.
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Boynton Beach, FL
July 5, 2006
David Katz, 67 Midwood Lane, indicated he had been a strong proponent of an independent
Community Redevelopment Agency (CRA); however, he now felt it should be dissolved. He alleged
the Heart of Boynton (HOB) project would be one of the most important projects for the City of
Boynton Beach. The Request for Proposals (RFP) recently issued by the CRA did not define the
area to be included as agreed upon at a recent meeting. Also the RFP referred to maintaining the
character of the area, but the idea behind revitalization would be to change. Mr. Katz felt the
wording was ambiguous. Another concern was the RFP referred to following the Treasure Coast
Regional Planning Council's concept that called for a much higher density than the density outlined
in the RFP. Mr. Katz further pointed out the RFP requests a conceptual plan and then goes on to
request specific details. He contended the RFP was not good and the CRA should be dissolved
and the duties taken over by the Commission.
Anita Bird, 350 NE 28th Court, spoke regarding the prohibition of fishing on the Promenade.
She indicated she fished for food, not fun, and felt it was unfair to prohibit fishing from the
Promenade walkway. Ms. Bird felt instead of the high-rise built along the Intracoastal, it should
have been affordable housing units. In her view, everything was taken from the poor and given
to the rich, including her right to fish off the Promenade.
Sunny Garcia, 1631 NW 3rd Lane and Vice President of Rolling Green, reminded the
Commission of the need for funding to support the Police Athletic League (PAL) programs. He
described the need for more funding and the various teams and events requiring funds. Mr. Garcia
emphasized keeping children involved in sports reduced crime and delinquency. He reported the
City has given PAL $20,000 and approximately $100,000 had been collected through fundraising
efforts, but more monies were needed for the programs to continue. Mr. Bressner confirmed the
budget monies are taken from the Police Department budget.
Lisa Bright, CRA Director, explained due to the recent move of the CRA offices and the lack of
any network technology, the distribution of the MLK corridor RFP had been inadequate. She
understood that three parcels on NE 11th Avenue had been omitted and counsel would reissue
the RFP. Also a pre-proposal meeting was being held to clarify any issues. Ms. Bright announced
there is no longer a Phase I for the Heart of Boynton. A cohesive project had been requested now
known as the MLK Corridor RFP. She indicated $50,000 had been paid for the Treasure Coast
Regional Planning Council as the governing entity to make recommendations. The basic character
and style of the project would be a Floribbean architectural design consistent throughout the City.
Sergio Casaine, 13 Meadows Park Lane, congratulated the staff for a well-organized 4th of
July celebration. He commended Wally Majors, Director of Recreation and Parks, for his
assistance with providing programs for children. Mr. Casaine joined in Mr. Garcia's request to
increase the funding for the PAL programs.
Herb Suss, Quail Run, asked the Commission to observe the Renaissance Commons
development and the concrete jungle created. He requested an update on the construction at the
"former cow pasture" location. Mr. Suss reiterated his request for a moratorium on building for an
assessment of the growth and its impact on the infrastructure and citizens. He was concerned
that the current real estate market would adversely affect the completion of projects already in
development.
Mayor Taylor advised the development at the "former cow pasture" was ongoing.
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Regular City Commission
Boynton Beach, FL
July 5, 2006
No one else coming forward, Mayor Taylor closed the public audience.
V. ADMINISTRATIVE:
A. Accept the resignation of Debby Coles-Dobay as a regular member of the Arts
Commission.
Motion
Commissioner Ferguson moved to accept the resignation of Debby Coles-Dobay. Commissioner
McCray seconded the motion. The motion passed unanimously.
Mayor Taylor directed the next item for consideration would be the approval of the appointees to
the Vision Steering Committee.
Motion
Commissioner Ferguson moved to approve the list submitted. Commissioner McCray seconded
the motion. The motion passed unanimously.
B. Appointments
Appointment Length of Term
To Be Made Board Expiration Date
Ensler Arts Commission Alt 1 yr term to 4/07
IV McKoy Bldg. Bd of Adj & Appeals Alt 1 yr term to 4/07
IV McKoy Cemetery Board Alt 1 yr term to 4/07 Tabled (3)
I Ensler Code Compliance Board Alt 1 yr term to 4/07
Mayor Taylor Code Compliance Board Alt 1 yr term to 4/07
IV McKoy Code Compliance Board Reg 3 yr term to 4/09 Tabled (3)
II McCray Community Redevelopment Agency Reg 4 yr term to 6/10 Tabled (2)
I Ensler Community Relations Board Alt 1 yr term to 4/07 Tabled (2)
II McCray Community Relations Board Alt 1 yr term to 4/07
I Ensler Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3)
II McCray Education and Youth Advisory Board Alt 1 yr term to 4/07 Tabled (3)
III Ferguson Golf Course Advisory Committee Reg 5 yr term to 6/11
IV McKoy Golf Course Advisory Committee Alt 5 yr term to 6/11
Mayor Taylor Golf Course Advisory Committee Alt 5 yr term to 6/11
Motion
Commissioner Ferguson moved to appoint Arthur Gabler as a regular member of the Golf Course
Advisory Committee. Commissioner McCray seconded the motion. The motion passed unanimously.
Mayor Taylor
I Ensler
Library Board
Library Board
Alt
Alt
1 yr term to 4/07 Tabled (3)
1 yr term to 4/07
Mayor Taylor
Recreation & Parks Board
Alt
1 yr term to 4/07
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Regular City Commission
Boynton Beach, FL
July 5, 2006
III
Ferguson
Employees' Pension Board
Reg
3 yr term to 4/08
Motion
Commissioner McCray moved to table all appointments with the exception of the previously made
appointment. Commissioner Ferguson seconded the motion. The motion passed unanimously.
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action indicated in each item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Agenda Preview Conference - June 16, 2006
2. Regular City Commission Meeting - June 20, 2006
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Award "ANNUAL BID FOR PVC SCHEDULE 40 & 80 IRRIGATION SUPPLIES"
BID #035-1412-06/JA, to various vendors, with an estimated expenditure
of $40,000.
2. Approve the piggyback of the Panama City, Florida BID #SWR011 to
Thompson Pumps Inc. of Port Orange, FL for the purchase of two 6"
portable trash pumps and two float switches. The total expenditure to the
City of Boynton Beach is $68,450.
3. Approve the "Surplus Vehicle/Equipment List" submitted by Public
Works/Fleet Maintenance and allow for the sale of those items.
4. Award the "RE-ROOFS AND ROOF REPAIRS AT VARIOUS LOCATIONS
THROUGHOUT THE CITY OF BOYNTON BEACH", Bid #036-2511-06/0D to
Therma Seal Roof Systems, Inc. of Lake Park, FL in the amount of
$853,600.
Commissioner Ferguson pulled item VI.BA for a comment. Commissioner McCray pulled item
VI.BA for an explanation.
C. Resolutions:
1. Proposed Resolution No. R06-114 RE: Approving and
authorizing execution of an Agreement for Water Service Outside the City
Limits with Miracienne Pierre Louis for the property at 1071 Seagrape Rd.,
Lake Worth, FL (Hypoluxo Ridge Add 2 Lot 56)
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Boynton Beach, FL
July 5, 2006
B. Accept the written report to Commission of purchases over $10,000 for the month
of May 2006.
E. Authorize the use of $1,000 of Mayor Taylor's Community Investment Funds to the
DeVos-Blum YMCA.
Motion
Commissioner McCray moved to approve the Consent Agenda items with the exception of BA.
Commissioner Ferguson seconded the motion. The motion passed unanimously.
BA. Award the "RE-ROOFS AND ROOF REPAIRS AT VARIOUS LOCATIONS
THROUGHOUT THE CITY OF BOYNTON BEACH", Bid #036-2511-06jOD to Therma
Seal Roof Systems, Inc. of Lake Park, FL in the amount of $853,600.
Commissioner Ferguson commented reimbursement of approximately $390,000 through insurance
and reimbursement of approximately $390,000 from FEMA would result in a net cost of only
$74,000. He felt that was excellent.
Commissioner McCray requested, for publiC information, a list of buildings that would be repaired.
Jeff Livergood, Director of Public Works and Engineering, responded the buildings included were
the Boat Club Park guard house, Cemetery Mausoleum, a portion of City Hall Chambers, Fire
Station #2, Fire Station #3, Hester Community Center, Library, two buildings in the Public Works
compound, several utility lift stations and well houses, plus several small structures.
Commissioner Ensler asked if the current contractor for the new portion of the Library had a
responsibility to install a new roof on the old portion of the Library. Mr. Livergood replied it was
not included in the existing contract; it had been bid competitively rather than a change order.
Motion
Commissioner Ferguson moved to approve item VI.BA. Commissioner McCray seconded the
motion. The motion passed unanimously.
The reconsideration of the CDBG funding for public service projects was addressed next.
Commissioner McCray requested an explanation of why the item was before the Commission
again. Mayor Taylor explained at the previous meeting Vice Mayor McKoy had considerable
questions and proposals had been made to re-adjust the funding as proposed. Mr. Bressner
pointed out there was a $5,000 increase in the funding for AVDA. Mayor Taylor questioned the
reduction of 50% of the funding for some organizations while others were reduced by 10%. Mr.
Greene could not reply to speCific funding amounts; however, he advised the funding was based
on committee recommendations. Commissioner Ferguson recalled that Vice Mayor McKoy had
requested a list of all organizations whose requests for funding had not been allowed. Mr. Greene
responded all the organizations requesting funding were being funded.
Mayor Taylor asked that the funding amount for the Community Caring Center be increased from
$32,500 to $50,000. Commissioner Ferguson noted there was only $16,900 available and
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Boynton Beach, FL
July 5, 2006
suggested increasing the amount by $16,900 and he would contribute $4,000 of his discretionary
funds to the Community Caring Center.
Motion
Commissioner Ferguson moved to increase the Community Caring Center funding to $49,400.
Commissioner Ensler seconded the motion.
Discussion
The allocation of the total amount of funding was discussed. Mr. Bressner recommended the
$16,900 transfer out of the housing rehabilitation allocation. Ms. Johnson expressed her gratitude
for the increase in funding and explained she had not challenged the original amount because she
understood the cuts had been evenly distributed across all organizations. She had also been led
to believe there was no discretionary latitude for adjustments.
Vote
The motion passed unanimously.
VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS:
None
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS
The City Commission will conduct these publiC hearings in its dual capacity as Local Planning
Agency and City Commission.
A.
Project:
Agent:
Owner:
Location:
Descri ption:
B.
Project:
Agent:
Owner:
Location:
Descri ption:
Coastal Bay Colony (ABAN 06-002)
Carlos J. Ballbe, P.A.
Southern Homes of Palm Beach, II, LLC
Southwest corner of SE 23rd Avenue and Federal Highway
Request to abandon a ten (10) foot wide utility easement at the
southwest corner of the property. (1st reading of Proposed
Ordinance No. 06-060)
Coastal Bay Colony (ABAN 06-003)
Carlos J. Ballbe, P.A.
Southern Homes of Palm Beach, II, LLC
Southwest corner of SE 23rd Avenue and Federal Highway
Request to abandon a ten (10) foot wide utility easement located
across lots 14, 15, 16 17 and 18 of the original Robinson's
Addition plat. (1st reading of Proposed Ordinance No. 06-
061)
Attorney Cherof administered an oath to all individuals intending to testify. Neither the
applicant nor their agent was present.
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Boynton Beach, FL
July 5, 2006
Ed Breese, Principal Planner, reviewed the request of Southern Homes of Palm Beach, II, LLC
for the project to include 64 townhouse units along 23rd and Federal Highway. The first
abandonment relates to a sewer line that has now been moved. The second abandonment is
an FP&L easement, which is no longer necessary as the line has been relocated. Staff
recommended approval since all the utility agencies involved had indicated no objection to the
abandonments.
Mayor Taylor opened the issue for public hearing.
Herb Suss, Quail Run, reiterated his request that a moratorium be enacted to avoid creating
a concrete jungle. He noted the condo and townhouse real estate market is soft currently and
the Commission should proceed cautiously.
Mr. Breese added the project is nearly complete and this was essentially paperwork to conclude
the project.
Attorney Cherof read Proposed Ordinance No. 06-060 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-060. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Attorney Cherof read Proposed Ordinance No. 06-061 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-061. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
c.
Project:
Agent:
Owner:
Location:
Post Office Easement (ABAN 06-007)
Jason Mankoff, Weiner & Aronson
Valley Land Corporation, c/o Curtis Shenkman, Esq.
Southwest corner of Boynton Beach Boulevard and Sea crest
Boulevard
Request to abandon a three (3) foot wide easement located in
Block 4 of the Boynton Heights Addition, extending south of
Boynton Beach Boulevard a distance of 131 feet. (1st reading of
Proposed Ordinance No. 06-062)
Descri ption:
Attorney Cherof administered an oath to all those intending to testify.
Mr. Breese reviewed the request for abandonment. No utilities are within the easement and
staff recommended approval.
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Regular City Commission
Boynton Beach, FL
July 5, 2006
Jason Mankoff, Weiner and Aronson, 102 N. Swinton Avenue, agent for the owner,
explained the easement actually runs under the building and all the utility companies agree with
the abandonment. He indicated the request was made as a corrective measure to clear the title
for purchase and development.
Mayor Taylor opened the issue for public hearing and no one came forward
Attorney Cherof read Proposed Ordinance No. 06-062 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-062. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
D. (Intentionally left blank)
E.
Project:
Agent:
Owner:
Location:
Descri ption:
Sunshine Square (LUAR 06-016)
Ruden McClosky, Bonnie Miskel, Esq. and Kim Glas-Castro, AICP
Sunshine Square CRP, LLC
Southwest corner of Woolbright Road and South Federal Highway
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) to Mixed Use (MX). (1st
reading of Proposed Ordinance No. 06-063)
Request to rezone from Community Commercial C-3 to Mixed Use
Low (MU-L) (1st reading of Proposed Ordinance No. 06-64)
Proposed Use: Mixed use development
Attorney Cherof administered an oath to all those intending to testify. He inquired if the
applicant or any other party objected to the consolidation of the rezoning and amendment. No
one objected.
Dick Hudson, former Senior Planner, presented on behalf of staff. He pointed out the
amendment was a large scale amendment that would require transmitting the request to DCA
for review and comments and then adoption by the Commission in late November, but prior to
the end of the year.
Mr. Hudson located the property and reviewed the requests to redevelop the shopping plaza to
a Mixed Use development. He indicated the surrounding properties are compatible uses. Staff
recommended approval as it met all the necessary criteria. The only reservation involved the
lack of a site plan being submitted.
Commissioner Ferguson questioned if the revisions would include the shopping plaza across
Federal Highway that would be part of the entire node. Mr. Hudson replied it would. The
timeline for submission and approval was clarified for Commissioner McCray.
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Boynton Beach, FL
July 5, 2006
Bonnie Miskel, 222 Lakeview Avenue, West Palm Beach, agent for the applicant,
summarized the requests. She indicated a conceptual site plan had been submitted. Ms. Miskel
noted there were funds available to relocate any current tenants wishing to do so. It was a
phased development to relocate the existing tenants for minimal impact during reconstruction.
Condo units, retail space and office space are all included in the proposed mixed use with the
parking areas enclosed within the mixed uses. It was intended to create a pedestrian friendly
environment coinciding with the non-residential.
Commissioner McCray inquired on the status of the possible inclusion of the gas station into the
project. Ms. Miskel indicated a meeting of the minds could not be reached. She pointed out
the current design would allow incorporation of the gas station, if needed, in the future.
Commissioner McCray also asked if the present tenants have been advised of the proposals and
plans. Ms. Miskel replied conversations with the current tenants have been ongoing and it was
the intent of the developer to retain all the tenants wishing to do so. The Publix store would be
moving closer to Woolbright Road and there would be improved signage. Mark Weiner,
Architect, added the new Publix store would be 46,000 square feet.
Mayor Taylor opened the issue for public hearing.
Herb Suss, Quail Run, supported the project. However, he cautioned all the building planned
along Federal Highway and elsewhere would clog the main arteries within the City of Boynton
Beach, especially with the drawbridge on Woolbright Road.
Sunny Garcia, 1631 NW 3rd Lane, an employee of RAM Development, reported the tenants
are anxious for the improvements and the possibility of increased clientele.
No one else coming forward, Mayor Taylor closed the public audience.
Commissioner McCray inquired if the site plan would include funds for the Art in Public Places
program. Ms. Miskel responded it would include art.
Attorney Cherof read Proposed Ordinance No. 06-063 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-063. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Attorney Cherof read Proposed Ordinance No. 06-064 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-064. Commissioner
Ferguson seconded the motion.
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Regular City Commission
Boynton Beach, FL
July 5, 2006
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
F.
Project:
Agent:
Owner:
Location:
Descri ption:
Boynton Beach Lofts (SPTE 06-005)
Bradley Miller, Miller Land Planning Consultants, Inc.
Addison Properties of South Florida, Inc.
623 S. Federal Highway
Request for a one-year time extension for the approved site plan
and height exception granted on April 19, 2005 from April 19,
2006 to April 19, 2007.
Bradley Miller, Miller Land Planning Consultants, representing the applicant, explained
the extension for submission of the site plan was necessary for the applicant to complete some
financial obligations. The plans were prepared and would be submitted rather quickly.
Mr. Breese gave a recap of the project and the requests already approved. Staff recommended
approval of the extension.
Commissioner Ensler inquired if staff and/or the applicant had considered the art fee. Mr.
Breese replied staff had not considered the art fee issue. Attorney Cherof advised there would
be no legal prohibition to including the art fee as a condition of approval.
Motion
Commissioner Ensler moved to approve item VIII.F. to include the 1% art fee as a condition of
approval.
Commissioner McCray questioned if there would be another request for extension. Mr. Miller
responded his client had not indicated another extension would be necessary.
Commissioner McCray seconded the motion.
Mayor Taylor asked if the applicant would be agreeable to the addition of the 1% art fee. Mr.
Miller recognized the importance of the art fee and noted there are some prominent
architectural features to the project. Mr. Miller and his client would continue to work with the
City on the intent of the art fee.
Mayor Taylor opened the issue for public hearing and no one came forward.
Vote
The motion passed unanimously.
G.
Project:
Agent:
Location:
Inlet Cove Association (INCA) (LUAR 06-019 )
City of Boynton Beach
North Federal Highway and the Intracoastal Waterway; between
the C-16 Canal and Mariners Way, and between Martin Luther
King, Jr. Boulevard and North East 6th Court
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Boynton Beach, FL
July 5, 2006
Descri ption:
Request to amend the Comprehensive Plan Future Land Use Map
from Mixed Use to Low Density Residential. (1st reading of
Proposed Ordinance No. 06-065)
Attorney Cherof read Proposed Ordinance No. 06-065 by title only.
Mike Rumpf, Director of Planning and Zoning, gave an overview of the city-initiated request to
reclassify approximately 35 acres in the downtown area to support redevelopment. The
redevelopment initiatives, development demand and redevelopment plans have followed up on
the original intent for redevelopment along the US 1 corridor to establish mixed use zoning
districts including transitioning and compatibility. Mr. Rumpf indicated the reason for the
request was to reflect the current use of the properties and lay the groundwork for
redevelopment. It is a large-scale amendment to be transmitted to the state and if approved
could be adopted in November or December. Staff recommended approval.
Mayor Taylor opened the issue for public hearing.
Louise Dacamara, 836 East Drive, pointed out the commercial properties along Federal
Highway were not included and the request only affected the residential properties. The
amendment could bring the Comprehensive Plan into compatibility with the existing properties.
She urged the Commission to support the amendment.
No one else coming forward, Mayor Taylor closed the public hearing.
Commissioner McCray thanked INCA for coming forward in support of the change.
Commissioner Ferguson inquired about the landowners who would no longer be able to go up
to the 75 feet previously approved. Mr. Rumpf responded the intent has been to preserve
compatibility and single-family neighborhoods, plus transitioning to the mixed-use districts. The
proposed amendment would not preclude a privately initiated application to request a change to
the boundaries to provide better buffering and separation from a single-family neighborhood. It
would be reviewed on a case-by-case basis.
Commissioner Ensler inquired about the reasons for the previous rezoning. Mr. Rumpf
responded it had been reclassified only. The Comprehensive Plan Map can be viewed as a
planning tool for long range planning based on the CBD area and taking into consideration the
poor condition of the single-family housing throughout the area.
Motion
Commissioner McCray moved to approve Proposed Ordinance 06-065. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
H.
Project:
Agent:
Owner:
Hemingway Square (LUAR 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners, LLC/Robert Vitale (Managing
Member)
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Boynton Beach, FL
July 5, 2006
Location:
Descri ption:
2319 South Federal Highway, northwest corner of SE 23rd Avenue
and Federal Highway
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC) to special High Density
Residential (SHDR) (1st reading of Proposed Ordinance No.
06-066)
Request to rezone from Community Commercial (C-3) and
Neighborhood Commercial (C-2) to Infill Planned Unit
Development (IPUD, 20 dus/acre) (1st reading of Proposed
Ordinance No. 06-067)
Kathleen Zeitler, Planner, reviewed the applicant's request and located the property for a
proposed use of a 21-unit townhouse development. Staff concluded the request was consistent
with the goals and objectives of the Comprehensive Plan and the intent of the Federal Highway
Corridor and Community Redevelopment Plan. The impact on the infrastructure could be
accommodated and the proposed use would contribute to economic development of the City.
Staff recommended approval.
Mark Cohen, Garcia Stromberg Architecture, Inc., representing the applicant, briefed the
Commission on the project and was available for any questions.
Mayor Taylor opened the issue for public hearing and no one came forward.
Attorney Cherof read Proposed Ordinance No. 06-066 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-066. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Attorney Cherof read Proposed Ordinance No. 06-067 by title only.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-067. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
1.
Project:
Agent:
Owner:
Location:
Hemingway Square (HTEX 06-006)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners LLC/Robert Vitale (Managing
Member)
2319 South Federal Highway, northwest corner of SE 23rd Avenue
and Federal Highway
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Descri ption:
J.
Project:
Agent:
Owner:
Location:
Description:
Request for height exception of four (4) feet to allow chimneys to
exceed the maximum building height of 45 feet, for a total of 49
feet. (Request to be tabled to July 18, 2006)
Hemingway Square (NWSP 06-007)
Garcia Stromberg Architecture, Inc.
2319 South Federal Partners LLC/Robert Vitale (Managing
Member)
2319 South Federal Highway, northwest corner of SE 23rd Avenue
and Federal Highway
Request for new site plan approval for the construction of 21
town homes, recreational amenities and related site improvements
on 1.25 acres zoned IPUD. (Request to be tabled to July 18,
2006)
Motion
Commissioner Ferguson moved to table items VIII.! and VIIIJ. until July 18, 2006.
Commissioner McCray seconded the motion. The motion passed unanimously.
K.
Project:
Agent:
Owner:
Location:
Description:
Casa del Mar (LUAR 06-018)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden,
McClosky, Smith, Schuster & Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of
Dimick Road)
Request to amend the Comprehensive Plan Future Land Use Map
from Local Retail Commercial (LRC), High Density Residential
(HDR), and Low Density Residential (LDR), to Special High
Density Residential (SHDR, 20 dus/per acre) (1st reading of
Proposed Ordinance No. 06-068)
Request to rezone from Community Commercial (C-3), Multi-
Family Residential (R-3), and Single-Family Residential (R-1AA) to
Infill Planned Unit Development (IPUD). (1st reading of
Proposed Ordinance No. 06-069)
Proposed use: Multi-family development (82 units at 19.95 dus/acre)
Attorney Cherof read Proposed Ordinances No. 06-068 and No. 06-069 by title only.
Ms. Zeitler indicated staff had reviewed the requests and recommended approval. She added
the requests were consistent with the goals and objectives of the Comprehensive Plan and
Federal Highway Corridor Plan, the City's infrastructure could accommodate the project and it
would contribute to the economic development of the City of Boynton Beach.
Bonnie Miskel, on behalf of the applicant, pointed out the amendments are small scale
and located the site. She added the mix of town homes and condo facilities were consistent
with the adjacent properties and a mix of neo-traditional, urban product.
14
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Mayor Taylor opened the issue for public hearing and no one came forward.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-068. Commissioner
Ferguson seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Motion
Commissioner McCray moved to approve Proposed Ordinance No. 06-069. Commissioner Ensler
seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
L.
Project:
Agent:
Owner:
Location:
Descri ption:
M.
Project:
Agent:
Owner:
Location:
Description:
Casa del Mar (HTEX 06-007)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden,
McClosky, Smith, Schuster & Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of
Dimick Road)
Request for a height exception of approximately nine (9) feet to
allow a mansard roof to exceed the maximum building height of
45 feet, for a total of 53 feet 6 inches (53'-6") at its highest point.
(Request to be tabled to July 18, 2006)
Casa del Mar (NWSP 06-015)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden,
McClosky, Smith, Schuster & Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of
Dimick Road)
Request for new site plan approval for the construction of 42
town homes, 40 condominiums, recreational amenities and related
site improvements on 4.11 acres to be zoned IPUD. (Request to
be tabled to July 18, 2006)
Motion
Commissioner Ferguson moved to table items VIII.L and VII1.M to July 18, 2006. Commissioner
McCray seconded the motion. The motion passed unanimously.
N.
Project:
Agent:
Owner:
Location:
Forest Hill Lot 3, Block 2 (ZNCV 06-007)
Octavia Sherrod
City of Boynton Beach
South side of SW 23rd Terrace approximately 255 feet west of SW
6th Street.
15
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Descri ption:
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section 5.C.2.a,
requiring a minimum lot frontage of seventy-five (75) feet to
allow a thirty-four (34) foot variance for an odd shaped remnant
lot as a result of I-95 taking, resulting in a forty-one (41) foot
frontage for a proposed single-family residence within the R-1-AA
single family zoning district. (Tabled on June 20, 2006)
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2. Zoning, Section 5.C.2.a,
requiring a minimum rear yard setback of 20 feet to allow a five
(5) foot variance, resulting in a fifteen (15) foot rear yard setback
for a proposed single-family residence within the R-1-AA single
family zoning district. (Tabled on June 20, 2006)
Motion
Commissioner McCray moved to remove both items under VII1.N. from the table.
Commissioner Ferguson seconded the motion. The motion passed unanimously.
Mr. Breese reiterated the fact the applicant had met all of the hardship criteria. The minimum
lot area had been met, although not the lot frontage. The front and side setbacks had been
met. The questions were the front footage and rear setback reduction of five feet. The
separation of the driveways at the street would be 4'-6" and 23-24 feet at the property line.
Staff recommended approval.
Commissioner Ferguson had measured the property and contended the driveway could only be
1'-6". Mr. Breese alleged the actual frontage at the property line was 42 feet. Commissioner
Ferguson indicated he could not support the request.
Commissioner McCray asked staff if there was enough space to do everything that would be
required. Mr. Breese believed the burden of proof had been met. Commissioner McCray
supported approval.
Mayor Taylor agreed with Commissioner Ferguson and felt the project was being crammed into
a lot that was too small.
Commissioner Ensler contended many driveways throughout the City were only 4'-6" apart. He
thought it was a good application of a vacant lot.
Mr. Breese alleged the owners could share the driveway and then split off at the property line.
Attorney Cherof reminded the Commission a variance is a difficult series of hurdles to overcome
and the proposed project is an example of when variances are appropriate for oddly shaped
lots. The project did meet the legal requirements for both the variance and for development of
the lot.
Commissioner Ensler commented he supported Octavia Sherrod for finding another lot for a
family.
16
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Mayor Taylor opened the issue for public hearing and no one came forward.
Motion
Commissioner McCray moved to approve item VII1.N. relating to the minimum lot frontage
Commissioner Ensler seconded the motion. The motion passed 3-1. (Commissioner Ferguson
dissenting)
Motion
Commissioner McCray moved to approve item VII1.N. relating to a rear yard setback.
Commissioner Ensler seconded the motion. The motion passed unanimously.
Mayor Taylor declared a five-minute recess at 8:17 p.m.
Mayor Taylor reconvened the meeting at 8:25 p.m.
1. Proposed Resolution No. R06-110 RE: Approving a Special
Warranty Deed for Lot 3, less I-95 right-of-way, Block 2, FOREST HILLS, as
recorded in Plat Book 25, Page 57, according to the Public Records of Palm
Beach County, Florida conveying title to Karen Main, a participant in the
City's SHIP Construction Program. (Tabled on June 20,2006)
Motion
Commissioner McCray moved to remove item VIII.N.1 from the table. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
Motion
Commissioner McCray moved to approve item VII1.N.1. Commissioner Ferguson seconded the
motion.
Mayor Taylor opened the issue for public hearing and no one came forward.
Vote
The motion passed unanimously.
IX. CITY MANAGER'S REPORT:
A. Utility Service Area Analysis to maintain existing service area boundaries to
achieve greatest system efficiencies and lowest capital costs. (Tabled on June
20, 2006)
Motion
Commissioner McCray moved to remove item IX.A from the table. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
Pete Mazzella, Deputy Director of Utilities, recapped the historical creation of the service area
boundaries and the current location of the plants and well field. The sewage collection system
is a series of gravity and pumping networks that direct all sewage down Congress Avenue to
the regional wastewater treatment plant. A map of the entire service area was displayed and
the various markings were explained.
17
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Commissioner McCray inquired when the raw sewer pipes running down Congress Avenue were
last inspected. Mr. Mazzella emphasized the pipes are very deep and are not inspected
regularly as they are lined and in very good shape. Mr. Bressner added in the capital
improvement plan there is a proposed interceptor line between the east plant and the regional
wastewater plant that will provide a bypass for the downtown redevelopment area to balance
the flow to the wastewater treatment plant.
Mr. Mazzella summarized 24,588 water accounts are inside the City and 9,188 are outside the
City. There are 23,118 sewer accounts inside the City and 8,801 outside the City. The Ocean
Ridge component consists of 770 water accounts; however, they do maintain their own water
distribution system. He noted most of the accounts both inside and outside the City are for
residential properties.
Commissioner McCray asked if there is enough infrastructure to take care of the customers both
inside and outside the City. Mr. Mazzella concurred with the caveat of contracting with the
County through December 31, 2009. Commissioner Ensler emphasized without the County
water the City does not have enough water, which is part of the capital plan to solve the
problem.
B. Review and pOSSible adjustment of the stormwater fees
Mr. Mazzella reported prior to 1992, the City did not have a means of funding stormwater
maintenance or improvements. A rate study had been ordered to determine funding for
stormwater needs resulting in the $1 per Equivalent Residential Unit (ERU). In 2000 the rate
had been increased to $6 per ERU and then subsequently reduced in 2002 to $5 per ERU. Mr.
Bressner explained the reduction had been the result of projects lagging behind the delivery
date. There is currently a shortfall, but not significant in Mr. Bressner's view. Mr. Mazzella
pointed out a large amount of money had been spent in both commercial and residential areas
for improvements. The primary commercial projects were the downtown stormwater, lift
station 317 improvements, the Railroad Avenue project and the Industrial Avenue projects, as
well as minor east water plant improvements.
Mr. Mazzella indicated the Seacrest Corridor, being Sea crest Boulevard south to Woolbright,
east to the FEC railroad tracks and west to I-95, ballooned to a project cost of $15M. The
water and sewer lines were being replaced due to poor condition and insufficient size; however
the stormwater system is substandard needing hard piping and filtration trenching to avoid
ponding. A comparison with other municipalities and their rates was discussed. Commissioner
McCray requested the cost rationale for surrounding municipalities be investigated.
Proceeds from the now-exhausted 1996 bond issue had funded many of the projects to date.
Monies from the water and sewer reserves were also used to build the current system. Mr.
Bressner added $57M remains in the reserve including restricted and non-restricted funds.
According to Mr. Mazzella, a shortfall has existed for stormwater funding over the past few
years and with the current projects it will continue to have a shortfall. Commissioner Ensler
questioned when the shortfall was realized. Mr. Mazzella explained it is not a true deficit
because the water, sewer and stormwater funds are kept in one reserve account.
18
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Mr. Bressner explained at the current rate, the cost of all previous projects plus the cost of the
debt service are more than the revenues during the same period of time. The utility fund is a
combined utility fund including water, sewer and stormwater revenues. The cash revenues are
not available to meet the construction requirements for the stormwater, but are met by using
other cash reserves within the Utility Department.
Mr. Mazzella continued with an overview of the stormwater revenue and expenses through the
year 2012. He noted the bond issue of 1996 expires in 2012 when the debt service burden
would expire and the deficit would no longer exist. The revenues will exceed the expenses by
2012 and the deficits funded by the reserve could be replenished. Mayor Taylor added another
possibility would be a pay-as-you-go practice to avoid any future deficit until 2012.
Commissioner Ensler suggested the projects should be re-evaluated and a determination made
on balancing the funding and priority of the various projects. Mr. Bressner announced staff had
been reviewing the timeline for some of the projects and an update could be prepared. The
figures are based on the approved plan with an aggressive schedule for some of the capital
projects. Commissioner Ensler felt the question needed to be addressed and if the fee should
be increased to cover work that must be done then it should be increased.
Commissioner Ferguson questioned the fairness of the fee as it related to customers such as
Quantum Park that pay the fee and takes care of their own stormwater. Essentially they are
double taxed, in his view. Some cities allow discounts for entities that take care of their own
stormwater and he proposed fairness be applied and a 50% reduction in the storm water rate
should be give this next fiscal year and a 10% reduction after that until 2012. Mr. Bressner
countered there was no basis for the statistics asserted by Commissioner Ferguson.
Mayor Taylor favored the option of maintaining the status quo and continuing the current rate
structure, prioritizing stormwater projects by need and environmental impact, and funding the
projects accommodating the current rate. Commissioner Ensler agreed as long as the projects
that had to be done could get done. Commissioner McCray also agreed and noted further
discussion could be held at the CIP budget hearings.
Motion
Commissioner McCray moved to maintain the status quo at the current rate for stormwater
fees, prioritize the stormwater projects by need and environmental impact and fund the
projects that can be accommodated by the current rate. Commissioner Ensler seconded the
motion. The motion passed 3-1. (Commissioner Ferguson dissenting.)
x. FUTURE AGENDA ITEMS:
A. Review benefits and premiums for 2006/2007 Health and Life Insurance coverage
(August 1, 2006)
B. NCF&O White Collar Collective Bargaining Agreement 10/1/06 to 9/30/09 (Aug. 1,
2006)
C. Small/Minority Business Enterprise (S/MBE) Plan Proposal (Aug. 15, 2006)
19
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
D. Ordinance creating a mechanism for naming facilities within the City and
establishment of overseer committee (Aug, 15, 2006)
E. Selection of consultant for M-1 Zoning District Study - Aug. 2006
Commissioner McCray requested a specific date in August. Mr. Rumpf suggested the second
August meeting would be appropriate. Mayor Taylor suggested using August 15th and if an
extension is required the date could be adjusted.
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
ASPEN GLEN
1.
Proposed Ordinance No. 06-051
subject property (9.34 acres)
RE: Annexing
2. Proposed Ordinance No. 06-052 RE: Approving the
amendment to the Comprehensive Plan Future Land Use Map from
Medium Density Residential (MR-5, Palm Beach County) to Low Density
Residential (LDR)
3. Proposed Ordinance No. 06-053 RE: Rezoning from
Agricultural Residential (AR, Palm Beach County) to Planned Unit
Development (PUD)
Attorney Cherof read Proposed Ordinances No. 06-051, No. 06-052 and No. 06-053 by title
only.
Mr. Breese reviewed all the requests of the applicant and located the property with a slide
presentation. Staff recommended approval of all applications.
Bradley Miller, Miller Land Planning Consultants, agent for the applicant, was available
for any questions. Mayor Taylor inquired if the applicant agreed with all the conditions of
approval. Mr. Miller replied the applicant did agree with the conditions.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-051. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Mayor Taylor opened the issue for public hearing on Proposed Ordinance No. 06-052. No one
coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-052. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Mayor Taylor opened the issue for public hearing on Proposed Ordinance No. 06-053. No one
coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-053. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Lake Trail Estates
4.
Proposed Ordinance No. 06-054
subject project 5.783 acres)
RE: Annexing
5. Proposed Ordinance No. 06-055 RE: Approving the
amendment to the Comprehensive Plan Future Land Use Map from
Industrial (Palm Beach County) to Low Density Residential (4.894
du/ac)
6. Proposed Ordinance No. 06-056 RE: Approving the
request to rezone from Light Industrial (IL) (Palm Beach County), and
R1-AAB Single-Family Residential to R1-AA Single-Family Residential.
Attorney Cherof read Proposed Ordinances No. 06-054, No. 06-055 and No. 06-056 by title
only.
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Mr. Rumpf reviewed the requests and added in 2004 Phase I had been completed. Phase II
was currently before the Commission. Subsequent to the last meeting staff had received a copy
of the lease relating to the billboard to confirm the expiration date as December 23, 2013. Staff
recommended approval with the conditions of approval including those pertaining to the
billboard. Commissioner Ensler asked the City Attorney if it was clear the billboard would be
removed at the expiration of the lease. Attorney Cherof replied yes.
Mike Covelli, representing the property owner, indicated they agreed with all the
conditions of approval.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-054. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-055. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-056. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-057 RE: Adopting an
amendment of Part III, Land Development Regulations, Chapter 1, Article
V, Impact Fees and Dedications.
Attorney Cherof read Proposed Ordinance No. 06-057 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-057. Commissioner
McCray seconded the motion.
22
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
2. Proposed Ordinance No. 06-058 RE: Amending
Chapter 15 of the Code of Ordinances, Section 15-8.5 by adding a new
sub-section (C) entitled "Generators - Exemptions".
Attorney Cherof read Proposed Ordinance No. 06-058 by title only.
Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed
the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-058. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
3. Proposed Ordinance No. 06-059 RE: Enacting
restrictions to fishing on the Boynton Beach Boulevard promenade area
east of Federal Highway to the Intracoastal Waterway.
Attorney Cherof read Proposed Ordinance No. 06-059 by title only.
Mayor Taylor opened the issue for public hearing.
Anita Bird, 350 NE 28th Court, elaborated that prohibiting the use of the Promenade for
fishing took away a pleasure for the poor people. Mayor Taylor explained the intent of the
Promenade was to provide a downtown place for people to gather and enjoy the view. The
existence of dead bait and dead fish deters any other uses. Skateboarding is also an issue.
There would also be a safety hazard with the fishing hooks. Mayor Taylor noted at Boat Club
Park there were docks built into the water for fishing.
No one else coming forward, Mayor Taylor closed the public hearing.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-059. Commissioner
Ensler seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0.
C. Ordinances - 1st Reading
1.
Proposed Ordinance No. 06-070
RE: Adopting
23
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
procedure for nominating and voting for the Chair and Vice Chair of all
City Boards.
Attorney Cherof read Proposed Ordinance No. 06-070 by title only.
Motion
Commissioner Ensler moved to approve Proposed Ordinance No. 06-070. Mayor Taylor passed
the gavel and seconded the motion.
Vote
City Clerk Prainito called the roll. The motion failed 2-2. (Commissioners Ferguson and McCray
dissenting) Commissioner Ensler felt it was unfortunate because each board votes and
nominates in different ways.
2. Proposed Ordinance No. 06-071 RE: Adopting and
revising Article 1, Chapter 13 of the City's Code of Ordinances to include a
process and procedure for withholding the issuance of renewal of
occupational licenses as a result of existing violations of the City's Code of
Ordinances for failure to comply with the City's land development
regulations.
Attorney Cherof read Proposed Ordinance No. 06-071 by title only.
Motion
Commissioner Ferguson moved to approve Proposed Ordinance No. 06-071. Commissioner
McCray seconded the motion.
Vote
City Clerk Prainito called the roll. The motion passed 4-0
D. Resolutions:
1. Proposed Resolution No. R06-115 RE: Approving Carl
McKoy as the voting delegate to represent the City of Boynton Beach at
the Florida League of Cities, Inc. 80th Annual Conference to be held
August 10-12, 2006.
Attorney Cherof read Proposed Resolution No. 06-115 by title only.
Motion
Commissioner McCray moved to approve Proposed Resolution No. R06-115. Commissioner
Ferguson seconded the motion. The motion passed unanimously.
E. Other:
None
24
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
XIII. UNFINISHED BUSINESS:
A. Informational item relating to Marie T. Germain Code Compliance Lien.
Commissioner Ferguson noted the original lien was $34,000, which was $12,275 more than it
should have been. He felt the individual should be refunded all of the money.
Attorney Cherof responded the procedure for seeking reduction or elimination of a Code Board
lien is set forth by Ordinance authorized by State statute. The property owner had not pursued
a reduction or elimination of the lien. The right to seek any reduction had been lost when the
property was sold. Through a subsequent audit, the amount of the overstatement on the lien
had been remitted to the title company for distribution back to the original property owner
based upon the closing statement. The City Commission has no jurisdiction.
Commissioner McCray inquired if there were appropriate procedures set up to communicate
with Haitians who do not understand the Code of the City. Attorney Cherof explained the Code
Compliance staff had adequate means to provide information for those speaking Haitian,
Spanish or English. The opportunity for an interpreter had been available to the property owner
at the time the violations occurred.
Diane Springer, Code Compliance Administrative Assistant, explained a Haitian-speaking Code
Officer did speak with the owner on the second occasion. The current owner also spoke with
the Code Compliance Department regarding the lien. Mr. Bressner noted the first case took
place in 1996 and the records are not available. Mayor Taylor also noted the case had been
brought before the Commission with the use of a personal interpreter.
Ms. Springer indicated every attempt is made to communicate in the proper languages,
although there is currently no documentation. Mr. Bressner agreed a paper trail should be
established for any language other than English.
Mr. Bressner indicated the matter was on the agenda for informational purposes only and no
action by the Commission would be required.
IX. ADJOURNMENT
There being no further business to come before the Commission, the meeting was properly
adjourned at 9:30 p.m.
25
Meeting Minutes
Regular City Commission
Boynton Beach, FL
July 5, 2006
ATTEST:
A. Pyle
uty City Clerk
(062206)
L/Jl~--to
CITY OF BOYNTON BEACH
26
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
Boynton Lofts
DeveloPMent
paz
.. BUI/dlng
EngIneerIng
Occ. l/cenl8
Deputy CIty C/er/(
APPLICANT'S AGENT: Miller Land Planning Consultants, Inc.
------
APPLICANT'S ADDRESS: 420 W. Boynton Beach Blvd. Suite 201 Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5,2006
TYPE OF RELIEF SOUGHT: Request site plan time extension approval for a mixed use project
consisting of 48 condominium units, 13,354 square feet of office space and 5,364 square feet of retail
space on 1.21-acres.
LOCATION OF PROPERTY: 623 South Federal Highway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
V"ffAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "c" with notation "Included".
4. The Applicant's application for relief is hereby
~RANTED 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:
7-7-06
WJ.~
S :\Planning\SHARED\WP\PROJECTS\Boynton Lofts\SPTE\DO.doc
EXHIBIT "C"
Conditions of Approval
Project name: Boynton Lofts
File number: SPTE 06-005
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/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
l. The site plan time extension shall be subject to all previous Conditions of X
Approval.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. ~
S :\Planning\SHARED\ WP\PROJECTS\Boynton Lofts\SPTE\COA .doc
..
1 in. = 77.0 feet
-
.
Qr...
}:- ',' "
: ,
'. }.. '~'..._-'"
Boynton Lofts Exhibit A
LL
(I)
MILLER
LAND
PLANNING
CONSULTANTS, INC.
EXHIBIT B
420 W. Boynton Bea~h Boulevard
Suite #201
Boynton Beach. Florida 33435
PHONE . 561/736-8838
FAX. 561/736rlB079
April 4. 2006
Michael Rumpf. Director
PLANNING & ZONING DEPARTMENT
CITY OF BOYNTON BEACH
100 E. Boynton Beach Boulevard
Boynton Beach. FL 33425-0310
RE: Boynton Beach Lofts
Site Plan & Height Exception
File No: NWSP 05-000, HTEX 05-001
Dear Mike.
This letter is to request an extension to the site plan and height exception referenced project that
was approved on April 19th. 2005. Since the approval. our Client has continued to work on the
project but has not yet obtained a building permit. The work that has been done includes
demolition and clearing of the site. preparation of construction drawings. arrangement of
financing, and pre sales. In order to complete some of the financing obligations that would allow
him to proceed forward he needed a certain percentage of pre sales. He now has around 45%
pre sales. financing has been granted and he anticipates submitting for permits in approximately
one month. In addition. he was stalled by some of the ramifications of the hurricane for this site as
well as others that he is involved in.
Accordingly. we respectfully request a one year extension to the site plan so we can complete the
permit process and proceed forward with this project. Attached is the $400 application fee. Should
you need any additional information. please call. Also. please keep us notified of the procedural
dates related to this request for the extension. We appreciate your consideration of this requested
extension.
Sincerely,
-
ill(~ \[12: ll~
IOEPARTMENT OF OEVELOPME":
MILLER LAND PLANNING CONSULTANTS, INC.
B~ D.J1~
Bradley D. Miller, AICP
President
cc: James Seifert
M:\M l P C\PROJECTS\Boynfon Beach lofls\SP Extension M.Rumpf040406.wpd
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Forest Hill Lot 3
Development
'PIZ
Building
EngineerIng
cc. L1c.nse
.puty City Clerk
APPLICANT'S AGENT: City Of Boynton Beach
APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd.
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 20,2006 - TAbled
~t.\I'i 5. a..OOb 4ppro"aL
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum lot frontage of
seventy five (75) feet to allow a thirty-four (34) foot variance, resulting in a forty-one
(41) foot frontage for a proposed single-family residence within the R-1-AA single
family zoning district;
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 5.C.2.a, requiring a 20 foot rear yard setback to allow a five
(5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-
family residence within the R-1-AA single family zoning district.
LOCATION OF PROPERTY: S.W. 23rd Terrace
DRAWING(S): SEE EXHIBIT "B" A IT ACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The Applicant's application for relief is hereby
~/3RANTED 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 ter
and conditions of this order.
7.
Other
DATED:
7-7-0f>
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EXHIBIT 0
Statement of Special Conditions, hardships or reasons justifying the requested exception
or variance
A. The subject property is a vacant lot, which was originally platted with 85 feet of frontage. At
some point, when the Interstate 1-95 was enlarged, 44 feet was taken leaving 41 feet of
frontage for the subject lot. Therefore, special conditions and circumstances are peculiar to
the land. The majority of the other lots in this subdivision meet the standard frontage for the
R1-AA zoning district.
B. The sub-standard conditions of the lot existed prior to the applicant taking ownership of the
property. Further, along the westernmost part of the lot, a buffer wall separates the property
to 1-95. On the east side of the 1-95 wall, a water line and a gravity sewer line run north and
south, which requires no less than a twenty (20) foot easement. This technical requirement
makes this site difficult to develop without the requested variances.
C. The applicant wishes to construct a single-family, approximately 1952 square feet. This home
will be approximately the same size as the surrounding homes. The approval of these
variances will not confer any special privilege, since no other land exhibits the same special
conditions as the subject lot. And other lands which are sub-standards in the R1-AA zoning
district have been developed with similar frontage.
D. Denying the variance request would deprive the applicant of the development right of this
property. Therefore this lot would remain vacant and would entice illegal dumpling.
E. The variances requested is the minimum variance it requires to build a single family, which
represents the minimum and reasonable use of the land. Further, the proposed single-family
house would meet all other building and site regulations.
F. The approval of the subject variances would meet the intent and purpose of the zoning code.
n would be consistent with the existing fabric and characteristic of the neighborhood including
house sizes.
G. The applicant could not acquire property on either side of the subject parcel as the lot to the
east is developed with a single family, while to the West is the Interstate 1-95 buffer wall.
EXHIBIT "E"
Conditions of Approval
Project name: Forest Hill Lot 3
File number: ZNCV 06-007
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: I I
I 1. To be determined. ~ I
S:\Planning\SHARED\WP\PROJECTS\Forest Hill Lot 3 (Main)\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc