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Meeting Backup 12-28-10
CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, December 28, 2010 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida NOTICE ANY ERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CON IDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERE ATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO B BASED (F.S 286 0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDI IDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CON UCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PRO RAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST 1 2 3 4 6 7 Is Pledge of Allegiance Introduction of the Board Agenda Approval Approval of Minutes from November 23, 2010 meeting Communications and Announcements: Report from Planning and Zoning Director Old Business�: None New Businesls: A.1.Boynton Jown Center Dry Cleaner (COUS 11-001) — Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11-001) with on -premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company. Other Comments by members Adjournment SCANNEn JAN 04 T'11 C\Documents and Settings\kahns\Local Settings\Temporary Internet Files\OLK17\12-28-2010 Agenda New Format.doc 7.A.1 OYNTON TOWN CENTER DRY CLEANER (CODS 11-001) CONDITIONAL USE THRU: FROM: DATE: PROJECT: REQUEST Property Owner: Applicant: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-072 Chair and Members Planning & Development Board Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP Planner 11 December 20, 2010 Boynton Town Center Dry Cleaner (COUS 11 -00 1) Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11 -00 1) with on -premises cleaning and laundering, to occupy existing retail space in the SMU district. iAgent: Location: Existing Land Use/Zoning PROJECT DESCRIPTION 1950 Congress Avenue, LLC The Sembler Company / Mike Hagan The Sembler Company / Mike Hagan 910 North Congress Avenue (see Exhibit "A" — Location Map) Mixed Use Suburban (MXS) / Suburban Mixed Use (SMU) Proposed Land Use/Zoning: Mixed Use Suburban (MXS) / Suburban Mixed Use (SMU) Proposed Use: Project Size: Adjacent Uses: North: South East: West: Dry Cleaner with on -premises cleaning and laundering 1,500 square foot store front on a 15.423 -acre parcel Undeveloped land approved for a residential condominium classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); Existing off-street parking area for retail building classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU); Undeveloped land approved for residential townhouses classified Mixed Use Suburban (MXS) and zoned Suburban Mixed Use (SMU), still farther east is right-of-way for Renaissance Commons Boulevard; and Existing retail building classified Mixed Use Suburban (MXS) and zoned Boynton Town Center Dry Cleaner COI, -001 Page 2 Memorandum No. PZ 10-072 Suburban Mixed Use (SMU); still farther west is right-of-way for Congress Avenue. BACKGROUND The subject site and surrounding buildings are located along the "main street" (center portion) of the Boynton Town Center project, which is zoned SMU. The newly constructed buildings are occupied by a variety of retail and commercial service uses. Until recently, dry cleaning establishments located in the SMU district were prohibited from cleaning or laundering clothing and garments on-site; they were restricted to serving as drop-off facilities only. Earlier this year however, the City passed Ordinance 10- 020, which removed the prohibition of on-site cleaning or laundering for properties located within the SMU as well as the other mixed use districts. The ordinance allows for cleaning and laundering activities on -premises contingent upon conditional use approval, and it restricts the establishment to a maximum allowable size of 2,000 square feet. PROPOSAL Mr. Mike Hagen with The Sembler Company, representing a potential lessee, is seeking conditional use approval to allow a dry cleaner with on -premises cleaning and laundering capabilities. Mr. Hagen considers the proposed lessee to be a "green dry cleaning and laundering facility" because no petroleum products (e.g., perch lorothylene — PERC) would be used in its operations. The lessee would occupy a vacant bay that is approximately 1,500 square feet, which would comply with the maximum allowable size allowed in the SMU district. Although no time table was given, it is assumed the lessee would move in immediately upon City approval and after interior build -out is completed. According to the conditional use application, the only proposed exterior building modification would be the addition of roof hoods and vents for the cleaning equipment, and such hoods and vents would not be visible above the existing parapet wall. The LDR defines a Conditional Use as a use that would not be appropriate generally, or without restriction, throughout a zoning district, however, if controlled as to area, location, number or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity and safety of the City. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Boynton Town Center Dry Cleaner CC 11-001 Page 3 Memorandum No. PZ 10-072 The site and surrounding buildings have been approved for retail and commercial service uses and were designed as such with points of ingress / egress along North Congress Avenue, Old Boynton Road, and Renaissance Commons Boulevard. Existing sidewalks are present throughout the site to provide safe pedestrian access to the building. No changes to vehicular circulation, traffic flow and control, or pedestrian access are being made with this request for conditional use approval. 2. Off-street parking and loading areas where required, with particular attention to the items in standard 1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. 3 S The original Boynton Town Center project was approved with a mix of residential, retail, restaurant, and office uses. The required parking for commercial uses was based on a "shopping center" rate, which is one (1) space per 200 square feet. A dry cleaning establishment would fit under this category and thus, comply with the City's off-street parking requirements. No changes to the site (e.g., off-street parking, vehicular use areas, etc.) are being proposed with this request for conditional use approval. According to the applicant, the lessee "does not have plans to service other drop off locations at this time, but if in the future this becomes a possibility, we anticipate that the only associated external activity would be a single van drop off in the morning around 9:OOam and a van pick up at 4:OOpm. As such, we anticipate delivery truck impacts to actually be less than would be expected from other already permitted retail / commercial uses within the zoning district." No glare is expected from the proposed use. Any external noise generated from the building would be similar to other permitted uses allowed in the zoning district. The applicant states the expected external noise would be limited to "the sound of a roof mounted compressor and exhaust fans typical of those found on many retail stores, restaurants, etc." Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The proposed dry cleaner use does not require additional refuse or service areas above that which was already approved and constructed as part of the Boynton Village project. The intent is to utilize the existing dumpster that is shared amongst the tenants of the building. During the time when staff was conducting the research which led to the creation and drafting of Ordinance 10-020, an interview was conducted with an owner / operator of an existing dry cleaner establishment, which revealed the following: "Chemical waste generated by the establishment is regulated by the Florida Department of Environmental Protection (FDEP). The waste is collected using keg -sized containers and removed from the premises by licensed hazardous waste haulers. Establishments typically generate two (2) containers of waste every six (6) to 10 weeks. Waste hauler trucks are there for about a half-hour each time they visit." With respect to the above -captioned information, staff does not anticipate any issue with refuse or service areas related to the proposed dry cleaner. The conditional use application states that deliveries will be made at the dedicated rear service doors to the suite. Utilities, with reference to locations, availability. and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are available and unaffected by the addition of the proposed use. Any required interior plumbing fixtures, sanitary drains, or other utility -related upgrades will be addressed when the lessee submits plans to the Building Division for tenant build -out. Boynton Town Center Dry Cleaner COU. -001 Page 4 Memorandum No. PZ 10-072 5. Screening, buffering and landscaping with reference to type, dimensions, and character. As previously stated, no exterior modifications are proposed, except for required vents and fans, which are typically installed on top of the roof. The applicant indicates that all this necessary equipment would be placed on top of the roof and screened by the existing parapets. No landscaping or buffering would be affected or changed as a result of the proposed dry cleaner use. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The proposed dry cleaner would not have any additional signage above that which is allowed by code. It is anticipated the prospective tenant would request a permit for wall signage, and any such signage would have to comply with the development's sign program. The photometric levels of the exterior parking lot lighting would not change as a result of the proposed dry cleaner use. The existing building is surrounded by other commercial buildings, and a dry cleaner would be compatible and in harmony with the abutting commercial uses. 7. Required setbacks and other open spaces. The proposed dry cleaner use would have no impact on approved setbacks or open spaces. 8. General compatibility with adjacent properties and other property in the zoning district. As previously mentioned, the existing building is surrounded by other commercial buildings, and a dry cleaner use would be compatible and in harmony with abutting commercial uses. The Boynton Town Center project is a master planned development and all commercial buildings were designed to compliment each other. It is logical, therefore, and very much expected that this type of development would attract a dry cleaner as a prospective tenant. In many ways, a 1,500 square foot dry cleaning establishment would be less intensive than other commercial uses (e.g., restaurant), which are allowed by -right in the SMU zoning district, and would ultimately represent the convenience -type business that would serve future residents of this development. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. Dry cleaners which conduct cleaning or laundering activities on -premises are required to comply with ventilation regulations of the Florida Building Code. To meet these requirements, operators typically install fans outside the building, either on the sides or on the roof. The applicant would have to prove that the roof could support the additional load (weight) of any new rooftop equipment. This type of information would be required at the time of permitting. The existing building was previously designed with parapet walls, and the applicant is required and promises to conceal any required rooftop equipment with such walls. 10. Economic effects on adjacent and nearby properties, and the city as a whole. Dry cleaning establishments are common in commercial settings such as this, and on-site cleaning and laundering activities are not expected to have a negative effect on neighboring properties or the city as a whole. The applicant has indicated that the establishment would utilize "green" cleaning methods, which is certainly welcomed by the City. With respect to the subject property, the economic benefit to the City is expected to result in a yearly increase of $400 of additional revenues, Boynton Town Center Dry Cleaner CC 11-001 Page 5 Memorandum No. PZ 10-072 consisting of a negligible increase in tax revenue as well as the collection of business tax receipts and fire assessment fees. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations. Not applicable. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. In the application, the applicant indicates the proposed use would operate in complete compliance with all applicable nuisance and hazard performance standards. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/ equipment. C. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound -reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used. d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. Not applicable. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "D" — Conditions of Approval. Any conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "C" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a Business Tax Receipt. S:\Planning\SHARED\WP\PROJECTS\Boynton Village -Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\COUS Staff Report1.doc EXHL_ iT "A" - SITE LOCAT, .jN MAP BOYNTON TOWN CENTER DRYCLEANER (COOS 11-001) C-3 smu CANAL L_ C-3 SML SITE smu C-3 C-3 PID D FT Rl-A7,TA- N 330 165 0 330 660 990 1,320 Feet 14-11-1 j I; S \�11EOR1( Q 1 4 a • s BI �Zw .— 8+488 8F. MDffD USE F.F.E. 1425 f i TIrPJ BLDG RETAIL O�aEMi 8.075 S.F. aw F.F.E. 14.25 • 2ND FL. OFFICE f 5.000 S.F. L ' Proposed Dry Cleaner Location in Existing Single Story Retail Building 7%j ........... 'K'--COMMIL CM T1PC• 6 -AIL TIPS IV 1M710,i>;1ED - >pm/Q S.F. oasPAlIN L1". Eo® IIS mm' 14.25 HIESKM FM MULMM J a K VARY FPM u-4_ 10 x' Nt �ml FL, rule las IIEC 47 "M MCNED ICE ROTS AW 74' FM TN" EXHIBIT "B" /A L-1 BLDG. 'F' RETAIL 10.425 S.F. F.F.E. 14.25 1 STORY n wovicim r4m. Il TYP IV U WAyxCOD-sm@Uw 0=IP*JC". aa1wmf ■ Illow Hamm VYIY mou m -4- TO 3c-!' ------------------� e -ORMAID11SM 11 BLDG 'G" O RETAIL 9,800 S.F. F.F.E. 14.25 STORY TYPE N UNPRICO,¢1ED- occupmx+ IFA04Mt11.E 9UEDW /09975 y Vun IRCEI 2E'-4' TO 36'-F WA V an TCM EMT. ("P.) a7Re I 77 [' BLDG.'E RETAIL 25,280 B.F. F.F.E. 14.25 1 STORY MINKITILEMED IY-- a ICHTS ar YER014«1lF MAL 74' Fi71 M 70111 NE. BLDCI. •f• RETAIL 13,318 S.F. F.F.E. 14.25 1 STORY TRM6RgF ro' a (TTP.) '' ally-� Va - . �"' j� O ----.. •O' aRg-1 (nP.) I I rnPa eurEx V // •—�------------------- PROPERTY UNE CONGRESS AVENUE EXHIBIT "Bii .—T..�:aµE1.—A - =an,;11x9ii! 4,118 16§ SFb�� E�It aq �� ' as _ RIS •° „�°^ "a3 " >,'.f °a; ,its - 1�--q"F�@ii°£rplo tr it's3rs�F s x - v4sy"s:3$ ��K %- E: _�•ta �E .�� lie<4g OZ g sYa£tx3 � �s \ f i � m 3 x IIIEi fak: 4 4 1$gi$ 1. Fi 4,g ;!-t E s� 's °¢ 3a a E#>yT g4gr I \ RA9P �F a AI! E '£.t IS 3 1> £iii 9 ££ asc£ E £y -s;i if if if gq £q Ia aq- a 3' ; 1a jge� �\ Il�pg X k %•s.°Ai SV $ 4 a :a; 9 s$ y �£ E.' 3 t sm :oti Mm H. \\ g=' s$e pg - I \\ T Ir OLD BOYN'TON Fg#r �� �F rS�R • Y§�"$3 N�Yb���i a ¢qr€idii��Bs�gr9 �� � ��" �G . �@ •4,F i"F'� 55 - MRC yy00 � = IIsi Ra ,� R xlcb Alm, 'EEimSmo @apFiE�$RkRFpRF�p€BR $@j@° a�anz�+b N9` I& -g i --.tl-.. F �C�4 fp•. 47 �q �> Fwgeil5n�ea s.�� =allaaaac RaR R� �a BOYNTON VILLAGE - SMU �� ,",° Z c. ua+ai�.r+ C=❑ Kimley-Flom n' =, < DEVELOPER: and pssoga�s` Inc MASTER SITE PLAN w og �'� 1950 CONGRESS AVE., L.L.C. " °'_ • 7E PALM BEACH CWNTY ELM10A °� w - ¢_ Pl � Y m O 0 n "eso ,xi r :F $$ s I q gN Fg#r �� �F rS�R • Y§�"$3 N�Yb���i a ¢qr€idii��Bs�gr9 �� � ��" �G . �@ •4,F i"F'� 55 - MRC yy00 � = IIsi Ra ,� R xlcb Alm, 'EEimSmo @apFiE�$RkRFpRF�p€BR $@j@° a�anz�+b N9` I& -g i --.tl-.. F �C�4 fp•. 47 �q �> Fwgeil5n�ea s.�� =allaaaac RaR R� �a BOYNTON VILLAGE - SMU �� ,",° Z c. ua+ai�.r+ C=❑ Kimley-Flom n' =, < DEVELOPER: and pssoga�s` Inc MASTER SITE PLAN w og �'� 1950 CONGRESS AVE., L.L.C. " °'_ • 7E PALM BEACH CWNTY ELM10A °� w - 'mom !e i u4 v I -.000 ie PYHIRIT IIBII t t 7" 7 :F. 'mom !e i u4 v I -.000 ie PYHIRIT IIBII EXHIBIT "C" Conditions of Approval Project name: Boynton Town Center Dry Cleaner File number: COUS 11-001 Reference: See Exhibit `B" DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Forestry Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None UTILITIES Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 1. Pursuant to Chapter 4, Article III, Section 3.A.9, all rooftop equipment, including fans which may be required because of the dry cleaner, shall be completely screened from view at a minimum distance of 600 feet. Conditions of Approval DEPARTMENTS INCLUDE REJECT 2. Pursuant to Chapter 2, Article II, Section 2.C.5, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a Business Tax Receipt. PLANNING AND DEVELOPMENT BOARD Comments: 3. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Village -Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\COA.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Y OF BOYNTON BEACH, FLOE i PROJECT NAME: Boynton Town Center Dry Cleaner APPLICANT/AGENT: Mr. Mike Hagan with the Sembler Company APPLICANT'S ADDRESS: 1450 South Johnson Ferry Road, Atlanta, GA 30319 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 18, 2011 TYPE OF RELIEF SOUGHT: Request conditional use approval for a dry cleaner in the SMU district with on -premises cleaning and laundering. LOCATION OF PROPERTY: 910 North Congress Avenue 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 HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Village -Boynton Town Center 1\COUS 11-001 Dry Cleaner in SMU\DO.doc cia Kahn, Stephanie Page 1 of 1 From: Kahn, Stephanie Sent: Monday, January 03, 2011 5:30 PM To: Barnes, Matthew; Byrne, Nancy; Foertsch, Leah, Grcevic, Sharon; Greene, Quintus; Holzman, Steven; Kelley, David; Killian, Candance; Large, Tim; Livergood, Jeffrey; Orlove, Bill, Rodriguez, Jose; Saberson, Roger; Scire, Ruth; Timm, Warren; Walker, Kathy Subject: Minutes of Planning and Development Board Meeting of Dec. 28, 2010 Attachments: PDA Minutes 12-28-10.pdf appy New Year everyone! ecords. est regards, tephanie D. xahn ecording Secretary ity Clerk's Office ity of Boynton Beach 61-742-6764 ahnsna.bbfl.us /3/2011 The minutes referenced above are attached for your 7 REGULARS & 2 ALTERNATES Staggered Two-year Terms for Regular Members One-year Terms for Alternate Members Established per Ordinance No. 71-1 zoic PLANNING &DEVELOPMENT BOARD MER I J BARNES, Matthew, Vice Chair 812 SW 1" Ct (33426) OERTSCH, Leah 1650 Stonehaven Dr. #5 (33436) GRCEVIC, Sharon / 7043 Chesapeake Cir (33436) V" KILLIAN, Candace 642 Riviera Dr (33435) EXPIRES PHONE 12/11 Appt'd 1/5/10 12/12 Appt'd 1/19/10 12/11 Appt'd 1/5/10 12/11 Appt'd 1/5/10 OPEN 12/12 SABERSON, Roger G., Chair 12/12 2740 SW 23rd Cranbrook Dr (33436) Appt'd 12/16/08 / TIMM, Warren 12/11 130 NE 26th Ave, # 301 (33435) Appt'd 01/05/10 ALTERNATES: OPEN OPEN PROFESSION 305-606-0999 Urban Planner themattbarnes@)yahoo.com 305-299-3025 Attorney Ieah.foertscNC gmail.com 252-2519 Real Estate boyntonrealtv(a)aol.com Broker/Owner 704-3868 Realtor, GR1 Killian71<2Cfbellsouth.net 272-8616 Attorney ssroger@bellsouth.net 739-9100 Wire MFG/Computer Tinytimm2 aol.com Programming CITY EMPLOYEE REPRESENTATIVE: RUMPF, Mike - Planning & Zoning Director : 12/28/2010 /P\BOARDS\LtS PS\201 1 Board List\PLANNING & DEV. BD.doc Gim Kahn, Stephanie Page 1 of 1 From: Kahn, Stephanie Sent: Wednesday, December 01, 2010 11:41 AM To: Jaskiewicz, Shirley; Saberson, Roger; Timm, Warren; Barnes, Matthew ; Byrne, Nancy; Copley, Judith; Foertsch, Leah; Grcevic, Sharon; Greene, Quintus; Hay, Woodrow; Holzman, Steven; Kelley, David; Killian, Candace ; Large, Tim; Livergood, Jeffrey; Orlove, Bill; Rodriguez, Jose; Ross, Marlene; Scire, Ruth Subject: Minutes of Planning & Development Board Meeting of November 23, 2010 Attachments: Minutes 11-23-10.pdf Hello.... The minutes referenced above are attached for your records. Best regards, te_phanie D. xahn. ecording Secretary ity Clerk's Office ity of Boynton Beach 61-742-6764 ahns@bbfl.us 2/1/2010 7 REGULARS & 2 ALTERNATES QEstablished per Ordinance No. 71-1 Staggered Two-year Terms for Regular Members / % M One-year Terms for Alternate Members �j 1 6 A J( n Zoio PLANNING &DEVELOPMENT BOARD MEMBER BARNES, Matthew, Vice Chair 812 SW 1s' Ct (33426) 'GRCEVIC, Sharon 7043 Chesapeake Cir (33436) EXPIRES PHONE 12/11 Appt'd 1/5/10 12/10 Appt'd 1/5/10 r JASKIEWICZ, Shirley 12/10 1917 SW 13th Ave. (33426) Appt'd 12/16/08 KILLIAN, Candace 12/11 642 Riviera Dr (33435) Appt'd 1/5/10 OPEN 12/11 r SABERSON, Roger G., Chair 12/10 2740 SW 23rd Cranbrook Dr (33436) Appt'd 12/16/08 TIMM, Warren 12/11 130 NE 26th Ave, # 301 (33435) Appt'd 01/05/10 ALTERNATES: PROFESSION 305-606-0999 Urban Planner themattbarnes(&vahoo.com 252-2519 Real Estate boyntonrealty(daol.com Broker/Owner 732-7128 Retired Educator sjaskiewicz@bellsouth.net 704-3868 Realtor, GR1 Killian7K2@bellsouth.net 272-8616 Attorney ssroger@bellsouth.net 739-9100 Wire MFG/Computer Tinytimm2@aol.com Programming FOERTSCH, Leah 12/10 305-299-3025 Attorney 1650 Stonehaven Dr. #5 (33436) Appt'd 1/19/10 leah.foertsch@gmail.com OPEN CITY EMPLOYEE REPRESENTATIVE: RUMPF, Mike - Planning & Zoning Director Updated: 11/23/2010 S:\CC\WP\BOARDS\LISTS\2010 Board Lists\PLANNING & DEV. BD.doc DATE: PLACE: CI1 Y OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA WtW) SIC, 2o'a Tuesday, November 23, 2010 N04 2 4 CAI G�eCk'Sowo TIIME Cy 6:30 P.M. Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CC NSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VE RBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN IN IVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOYTHE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CC NDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from October 26, 2010 meeting 5. Communications and Announcements: Report from Planning and Zoning Director 6. Old Business: None 7. New Business: A.1. Peninsula Easement Abandonment (ABAN 11-001) — Approve the abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. Applicant: Manuel Martinez, The Altman Companies, Inc. B.1. Adult Entertainment (CDRV 10-008) —Approve code review to amend the Code of Ordinances, PartIl, Chapters 3 and 13, and Part III, Chapter 2 to update regulations and provisions applicable to adult entertainment uses, involving terms & definitions, revised distance separations, alcohol sales restriction, permitted and conditional use status, and operational requirements. Applicant: City -initiated. 8. Other 9. Comments by members 10. Adjournment S:\Planning\SHARED\WP\AGENDAS\P&D 1\2010 Agendas\11-23-2010 Agenda New Format.doc NEW BUSINESS 7.A.1 PENINSULA EASEMENT ABANDONMENT ABAN (11-001) ABANDONMENT DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-071 TO: Chair and Members Planning and Develop4nt Board n I Iv' THRU: Michael W. Rumpf � , Planning and Zoning Director FROM: Kathleen Zeitler 2 Planner II f DATE: November 15, 2010 SUBJECT: The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. NATURE OF REQUEST Manuel Martinez of The Altman Companies, Inc., as agent for Boynton Real Estate, LLLP, property owner, is requesting to abandon a platted utility easement at 2660-2700 North Federal Highway. The subject property is classified Special High Density Residential (SHDR) land use and zoned Infill Planned Unit Development (IPUD). The Peninsula at Boynton Beach project was approved for 30 townhome units and 40 condominium units. The project is partially completed due to foreclosure, however the subject property has recently been purchased and further construction is planned. The location map attached as Exhibit "A" shows the general vicinity of the subject property at the City's northern limits. The plat of Peninsula IPUD depicts the location of the utility easement on the subject property (see Exhibit "B"). The ten (10) foot -wide utility easement generally runs in a north -south direction then curves to the east, and contains approximately 1,422 square feet. A sketch and legal description of the subject utility easement is attached as Exhibit "C". The easement requested to be vacated lies within platted parcels "G" and "J" on the east side of the subject property. The application submitted provides the following justification for the abandonment: "the platted easement is being vacated because it does not have any public utilities and will not have any public utilities in the future. The easement serves no public purpose. Further, a newly built 5 -story building encroaches on this easement". The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Developed commercial property (Gateway Marina) within the Town of Hypoluxo, classified Residential -Multiple Family (RH) land use and zoned Commercial Marine (CM); South: Vacant property classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD) with an approved master plan for a marina use (Casa del Mar Yacht Club); Page 2 Memorandum No. PZ 10-071 ABAN 11-001 East: Right-of-way for the Intracoastal Waterway; and West: Right-of-way for U.S. 1 and then right-of-way for Florida East Coast Railroad. BACKGROUND The project known as The Peninsula at Boynton Beach was approved on July 5, 2005 for 30 townhomes and 40 condominiums. In November, 2007, the Plat of Peninsula IPUD was approved, and recorded into public record in January, 2008. All easements indicated on the plat were dedicated to the City for public purposes. The plat includes pre-existing utility easements along the north and south property lines, as well as a new utility easement located on the east side of the site. The subject request is for abandonment of the new utility easement shown on the plat. There are no existing utilities within the subject utility easement, and there are no utilities planned to be located within the subject utility easement, therefore it does not serve any public purpose. In addition, the existing 5 -story condominium building encroaches the subject utility easement. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. All utility companies have been notified and the abandonment request has been advertised in the newspaper. A summary of the responses from the utility companies and city staff is as follows: CITY DEPARTMENTS/DIVISIONS Engineering a No objection (It is far simpler to approach this easement abandonment/vacation as submitted than to seek to replat the property). Public Works/Utilities - No objection Planning and Zoning - No objection PUBLIC UTILITY COMPANIES Florida Power and Light - No objection AT & T - No objection Florida Public Utilities No objection Comcast No objection RECOMMENDATION Staff has determined that the subject utility easement does not contain any utilities and will not contain any utilities in the future and therefore does not serve a public purpose. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon the subject 10 -foot wide utility easement. Staff does not recommend any comments in Exhibit "D" - Conditions of Approval. Any conditions required by the Planning and Development Board and the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Peninsula @ Boynton Beach\ABAN 11-001\Staff Report.doc l PUD ; I EXHIBIT All - SITE LOCATIG.4 MAP PENINSULA IPUD (ABAN 11-0011 NOT IN CITY !lm Z I j POTTER RD N 150 75 0 150 300 450 600 " Feet EXHIBIT "B" Sx3 �uar 3' dl , ����AAL Fr D JR y i �'� i n 7'2ni'. -.1. �� � fain• � 'owsµU Liz I jri'S 61 i Is PMCLL �• Na" i�- ° n 13 111 Cr) ON a r ... .,m-e,ti.,., wa.i.• �+ " � '5 -t � `G �11 Ali a$ lit! .. : ° Fj i 1 'F i 1 I 8 1 ' � � � !71 i 7�Y �C I {� � R I ♦ � .wm k. .> : _n —"Zr, 'auwp .n<.ta f LAx� trv,» A�1 ORTH LAKE WORTH —u r-c: I z OD z IR No0*58'00"E o t-j 0 z 0> nz 29 67 D 'o c 0 CD c tn rn bD bD 0 --4;0 z oa cri. cC'a PD 0 r NJ C) > Lw C�i r-., mb > 154-j C) 154.'Jl 1z 4, t�lk (Do 51-0(� 53 0 _0 SDO'58'00"W Soo - 58, C) "w S00'5V00"W r 36.83' 39,83' 39 .83 z Wo0 Ili-CA CD CD, a,. I , 4h- z CD > 0 �ll 0 z Do 0 0 p 0 i Na (D i6 Ln t'a 0 IN 00 PX > z cp z co ail Lnof Cn CID CIR. 10' U T1 U TY .00 FEASEMENT CEN TERLINE 0 C' Oro 7 .79 11-9 S89'02°0 N z 0% 1� c� N00'58'00"E NO( 2 55' - —75TOTAL Lp m 58-68' C; 0) > C, Z5(' _j :a�lz "6 --j z >-�j 0 > N) =L"c) �u Ij m -p Cli c') 01i co cr! c5 Om 61CA ronCO r. ro m v lcr 0 IQ CA rAy rrI S0475'00"W 150.28' APPROX. MEAN HIGH WATER ELEVATION 1.7' -n( (NGVD 1929) AS LOCATED 6/10/04 6 4 EXISTING BULKHEAD LINE A - S SHOWN ON MAP ENTITLED M4 BULKHEAD LINE CITY OF BOYNTON BEACH FLORIDA, SEPTEMBER 1956, IDENTIFIED BY INSCRIPTION �-56-006 WoR--r-,Li I r7 EXHIBIT "B" m 3D 15 D 30 SCALE IN FEET V, = 30. ~� - - (F'. D, SKETCH & DESCRIPTION 101 UTILITY EASEMENT PEMNSULA, A IPUD (P.B, 111, PG, 15, P,B.C.R.) NORTH ED� 1? A Te ROAD RIW MIAP, S � r pN�`7 VA I m 307 D-25 N08°72 D0„� O1 S 3 O o 151.21' 7) �_ Z o; D Z M C) m PARCEL 'G' D -p'. 0 cr m _ mCA C o o �o 10' UTILITY 00 � EASEM Elf T - � - - _ CENTERLINE ; a �- �00'58'00"E L5 CO ' 51 [CD 114.51'S89-02'00" PARCEL NE 20.61'------------------ ------------------------------ I r PARCEL 'I'' P.Q.i. --1 r co fM P.O.C. o SOUTHEAST CORNER (P.B. 111, PG. 15, P,B.C.R.) tv EASt' (P. S. 111, PC. 15, P LINE LINE 13,C SO4'25 00"W 1 X0.28' LAKE Oh 7-H 0 0 m 0 o, 0 �z co;u z -o m G� T n NOT A VALID UNLESS ACCOMPANIED BY SHEETS 1 AND 2 REVISIONS AVIROM & ASSOCIATES, IND. Jfls 795-7 SURVEYING & MAPPING SCALE: i` = 30' � MS0S.Ur:2ND AVENUE, SUITE T02 DATE: 091S512010 BOCA RATOA{ FLORIDA 33432 f`cL (56i) 392-2594, FAX (56l) 394-7925 BY: S'p`h�' w6wAWROM SURVEY.qorrt CFtECKED; J.T.D. ©2ofo AVlRDM bA55O.^.L4MS, ltdC% aB rights rosronod. F.B. N/A ?G. NIA Rils skafch IT Uw peoparty of AVlROM d ASSOC !A?ES, tNC, and xfwvld ra! be taprodua9d w xoplay witiwut moron pemdsshn. j S?-{EE7 2 0F 2 EXHIBIT "C" SKETCH & DESCRIPTION 101 UTIL[TY EASEMENT PENINSULA, A IPUD (P.B. 111, PG. 15, P.B.C.R.) LAND DESCRIPTION: A portion of PENINSULA, A IPUD, according to the plat thereof, as recorded in Plat Book 111, Poge 15, of the Public Records of Palm Beach County, Florida, described as follows: A 10.D0 foot wide strip of land, being 5.DC feet of each side of the following described centerline. COMMENCE at the southeast corner of said PENINSULA, A IPUD; thence NB9'02'OC"VV along' the south line of said plat, a distance of 80.42 feet; thence NOC`58'00"E, 20.00 feet to the PDINT DF BEGINNING; thence N00'58`00"E, along soid centeriine, 114,51 feet; thence N45'58'DD"E, along said centerline, 7.03 feet; thence S89'02'DO"E, along said centerline, 20.61 feet to the POINT of TERMINATION. Sidelines of said Utility Easement are to be extended or shortened to form a continuous strip of land. Said lands lying in the City of Boynton Beach, Palm Beach County, Florida and contalning 1,422 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2, No Title Dpinion or Abstract to the sub iect property has been provided. It is possible that there ore Deeds, Eosements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to PENINSULA, A IPUD, according to the Plot thereof, as recorded in Plat Book 111, Page 15, of the Public Records of Palm Beach County, Florida, bosed or, the south line of said Plot having a bearing of N89'02'00"W. 5, Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: F.D.O.T. = Florida Department of Transportation; L.B. = Licensed Business; P.B. = Plat Book; P.B.CR, = Palm Beach County Records; PG. = Page; P.L.S. = Professionol Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P,O,T. = Point of Termination; R/W = Right -of -Way. CER Tl FI C ATI Ohl : I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to. the best of my knowledge and belief as prepared under my direction, I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J-17,05, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: ------- NOT A VALID UNLESS ACCOMPANIED BY SHEETS AND 2 -`--- '-�------------------ f JOHN T. DOOGAN, P.L.S. Florida Registration No. 4409 AVIROM & ASSOCIATES, INC. L.B. No. 33DO RFVI51DAtS AVIROM& ASSOOIATES. INC. AS SURVEYING & MAPPING ¢fl 50 S. W. 2ND AYZAIUZ SUITE 102 �St 80CA RATON, FLORIDA 33432 TEL. (561) 392-2594, FAX (56!) 391-71,25 www AVIRON,-SURVE1;cam '�[1SHfD 1Dg 0=070 AVIROM L/SSrOCIA TES, INC. an tiphic —"c1,. Thts t" skeJr thep�oety a' AWROM d ASSOCIATES, IMI. ar,d shwjr fol be m orad —V 0, cgnied wM7 A wr filen pemilm b . Joan: X595-7 SCALE: NIA DATE: DD115=10 —J $Y: CHECKED: J.T.D. F,g, WA PG. WA, SHEET OF 2 EXHIBIT "D" Conditions of Approval Project name: The Peninsula at Boynton Beach File number: ABAN 11-001 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None Conditions of Approval Paae 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS _ Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Peninsula@Boynton BeachWBAN 11-001\COA.doc DEVELOPMEr — ORDER OF THE CITY COMMISS' NOF THE Cf , OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT'S AGENT Peninsula at Boynton Beach Abandonment of Utility Easement (ABAN 11-001) Manuel Martinez, The Altman Companies, Inc. AGENT'S ADDRESS: 1515 S Federal Hwy, Suite 300, Boca Raton, FL 33432 DTE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 18, 2011 T PE OF RELIEF SOUGHT: The Peninsula at Boynton Beach (ABAN 11-001) abandonment of a Utility Easement for property located at 2660-2700 North Federal Highway on 3.51 acres in the Infill Planned Unit Development (IPUD) zoning district. LOCATION OF PROPERTY: 2660-2700 N Federal Hwy DRAWING(S): SEE EXHIBITS "B" AND "C" ATTACHED HERETO. 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 "D" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Peninsula@BoyntonBeach\ABAN 11-00100.doc 7. B.1 ADULT ENTERTAINMENT (CDRV 10-008) CODE REVIEW DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 10-069 STAFF REPORT TO: Chairman and Members Planning and Development Board THRU: Quintus Greene 'p Director of Deve gement ' FROM: Michael Rumpf Planning and Zoning Director DATE: November 8, 2010 PROJECT NAME/NO: Adult Entertainment / CDRV 10-008 REQUEST: Approve Adult Entertainment (CDRV 10-008) code review to amend the Code of Ordinances, Part II, Chapters 3 and 13, and Part III, Chapter 2 to update regulations and provisions applicable to adult entertainment uses, involving terms & definitions, revised distance separations, alcohol sales restriction, permitted and conditional use status, and operational requirements. Applicant: City -initiated. BACKGROUND Motivated by the recent closings of two of the remaining adult entertainment establishments within the City, which are events attributed to criminal charges filed on the respective operators, the Commission directed staff to conduct a zoning study of current and warranted regulations, and the effects of adult entertainment businesses on the community. The City action began with the commencement of a 180 - day moratorium through adoption of Resolution R10-21 and issuance of a Notice of Intent (NOI)(see Exhibit "A" — Resolution R10-21). Three short extensions of the moratorium were necessary for the project. Because of Federal regulations and case law, certain uses present challenges to the zoning regulatory ystem. The adult entertainment industry is one of those use categories that represents such a hallenge. While the Supreme Court has clearly stated that free speech or expression includes various orms of nude dancing and related entertainment or merchandise, and therefore cannot be excluded from ocal zoning provisions, the Court does acknowledge the negative impacts (known as "secondary ffects") that such uses can have on a community. Furthermore, the Court also does not indicate how any such businesses must be accommodated by a community (sometimes referred to as a city's "fair hare"), and that such expression cannot involve children or be "obscene". The description "obscene" in part, is defined by guidelines generated from the 1973 case Miller v. California and relate to ones prurient interests, compliance with any applicable state laws on sexual conduct, and artistic value. Planning staff has used the numerous sources of information available on this very old and frequently litigated topic to ensure that the ultimately proposed regulations are based on sound analysis and applicable laws, and Staff Report Memorandum No. 10-069 Page 2 will balance the need to protect property and community values with the rights of operators of such businesses. Such resources included the American Planning Association, publications from special interest groups, descriptions of court proceedings and related opinions, regulations from other counties and municipalities, and various studies and reports. As indicated above, such uses cannot be excluded from local zoning regulations, and must therefore be accommodated. Furthermore, a governing body must also avoid the circumstance whereby the effect of applicable regulations essentially zones out the uses. For example, too great a separation standard, and too few zoning districts where such uses are allowed may essentially prevent any such uses from locating within the community. As also indicated above, the two sole adult businesses within the City have recently closed in connection with criminal convictions. Since these two businesses were not located to meet the current minimum separation standard, they were defined as non -conforming uses. According to the City's LDR, non -conforming uses that remain inactive for more then 6 months cannot reopen for business unless they can comply with applicable regulations. The Supreme Court has supported various elements of local regulations intended to protect a community from the secondary effects of adult uses. The most common is separation requirements, separating the adult uses from other like uses (to avoid concentrations) and from residential uses, places of worship, schools or other public/civic gathering places. Secondly, adult uses are often limited to, or restricted from certain zoning districts, again, intended to protect residential environments or other uses listed above. Relatively newer to adult entertainment regulations are laws preventing nudity or nude/partially nude entertainment where alcohol is sold or consumed. The use of this regulatory component is based on the importance of maintaining self-control in such an environment and the potential health risks at stake where entertainment is based on nudity and potentially, the prurient interests of the patrons. This mechanism has also been supported in many court cases based on the power of states and local governments to regulate the sale of alcohol separate from the First Amendment right to operate adult entertainment businesses. Other typical components of these regulations may involve limiting the acceptable amount of nudity, distance buffers between nude employees or entertainers and patrons, and interior lighting standards and design requirements. It is understood that in order for adult entertainment regulations to be defensible, such regulations should be based on supporting evidence and findings. This study and the proposed regulations are supported by commonly cited studies and reports, and court cases and judgments related, in part, to the concept of negative secondary effects and the prohibition of alcohol (see Exhibit "B" Table of supporting reports and cases). This study is also accompanied by local crime data tabulated for the most recently operating adult entertainment establishment within the city, and compared to similar data collected for two bars within the City. Although the adult use, in most cases, generates more calls in all crime categories than the typical bar business, most notable is the significantly higher number of totals calls and arrests involving the adult business compared to a bar. During the period 2005 through 2009, the adult business generated 64 times the number of arrests than one of the bars, and nearly 19 times the number recorded for the other bar. Further, total calls for police service totaled 674 for this same period for the adult business, which shadows the combined total of the two bars for that same period (156). See Exhibit "C" for the local crime comparison table. ANALYSIS Existing Regulations Existing regulations applicable to adult entertainment establishments are simple, and only involve distance separation standards. The current minimum separation standard is 1,000 feet, and as indicated below in the excerpt from the Code of Ordinances, Part III, Chapter 2, Section 11.M, minimum separations apply to other adult uses as well as residential, public use, or recreation zoning districts, or churches. Staff Report Memorandum No. 10-069 Page 3 M. ADULT ENTERTAINMENT ESTABLISHMENTS; SPECIAL RESTRICTIONS. 1. No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route. 2. No adult entertainment establishment shall be located closer than one thousand (1,000) feet from any house of worship, residential zoning district, public usage district, recreation district, or school, measured from any lot boundary to lot boundary along a straight airline route. Current regulations for adult uses are defined to include all businesses that restrict access to adult patrons due to the nature of the entertainment or merchandise, including "strip joints" which they are often called, as well as bookstores, theatres, etc. The Code of Ordinances, Part III, Chapter 1, Article 11. Definitions, which is not proposed to be amended, reads as follows ADULT ENTERTAINMENT ESTABLISHMENT - A commercial enterprise which predominately limits admission to "adults only" owing to the sexual nature of its merchandise or entertainment. Such establishments may include, but not be limited to, adult bookstores, adult theatres, adult lounges, adult health studios, adult motels or hotels with nude, bottomless or topless entertainment or employees. The current distance separation standard and zoning districts that allow adult uses were reviewed to determine the total number and locations of properties where adult uses could operate. After reviewing current eligible sites, it was determined that, excluding one or two of the parcels that make up the Boynton Beach Mall, only 4 properties met the separation requirements. Three of the parcels are concentrated at the southwest corner of Old Boynton Road and Winchester Park Boulevard, and consists of the Stake N Shake Restaurant, the former site of the Sonny's Bar B Q Restaurant, and a vacant parcel less than one-half (%2) acre in size and owned by Florida Public Utilities. The fourth parcel is located near the Publix Distribution Center in the southeast quadrant of Quantum Park (see Exhibit "D" - Map #1). 'Notwithstanding the appropriateness of these areas for such a use, the areas would only accommodate a total of two (2) adult businesses, as the required buffer separation would then prevent the presence of ny additional businesses within each of the two areas. Although the Supreme Court has not concluded n any related court case the specific minimum number of adult businesses to be accommodated by a Ingle jurisdiction or per capita ratio, it is a safe assumption that two (2) businesses would not be ufficient. kfter confirming that distance separations are still one of the most commonly used and defensible nethods used by cities and counties for regulating adult businesses (see Exhibit "E" — Comparison of >tandards Table), staff conducted a mapping exercise using GIS technology to explore the results of applying different buffer/separation standards in the city. Additionally, staff considered in the study how ie 1-95 right-of-way represents a barrier between land uses located on either side, based on the adult ntertainment regulations in Delray Beach. After considering three different separation distance cenarios, and using both 1-95 and the Boynton (C-16) Canal as barriers to the separation buffers, staff roposes that the minimum separation distance be reduced to 750 feet, and that the regulations cognize the bifurcating characteristics represented by the two rights-of-way (along with the abutting :SX Railroad right-of-way). This scenario yields a total of 5 areas of the city that lie outside the eparation buffers (see Exhibit "F" - Map #2); however, only four areas contain any parcels that are ntirely located outside the minimum separation distances (the southernmost map area only contains Staff Report Memorandum No. 10-069 Page 4 portions of parcels that meet the standard, not an entire parcel). A description of each of the 5 map areas identified by this analysis, including the total number of parcels with boundaries entirely located outside the buffer areas, is attached hereto aldon with a map series of the 5 areass (see Exhibit "G" — Table of Eligible Areas and Exhibit "H" — Map Series). The separation standards described above are accompanied by additional proposed regulations that involve the prohibition on the sale or consumption of alcohol, and operational and design standards. Chapter 3. Alcoholic Beverages, of the Code of Ordinances is proposed to include the following restrictions that prohibit the sale or consumption of alcohol, as well as the engaging in sexual or other obscene acts, at an adult business: (a) No person shall engage in nudity or partial nudity in any alcoholic beverage establishment. (b) No employee of, or person having an independent contractual relationship with the owner or operator of an alcoholic beverage establishment shall engage in nudity or partial nudity in any alcoholic beverage establishment. (c) No person maintaining, owning or operating an alcoholic beverage establishment shall suffer or permit any employee or person having an independent contractor status as to the owner or operator of the alcoholic beverage establishment to engage in nudity or partial nudity within any alcoholic beverage establishment. d) No person shall enqaqe in and no person maintaining, owning or ooeratina an alcoholic beverage establishment shall suffer or permit any sexual intercourse, masturbation, sodomy bestiality, oral copulation, flagellation, any sexual act which is prohibited by law, touching caressing or fondling of the breasts, buttocks, or anv portion thereof, anus or genitals or the simulation thereof. within anv alcoholic beverage establishment Three (3) terms proposed above and within other portions of the proposed regulations are to be inserted into the LDR along with their respective definitions. The three (3) terms are as follows: ALCOHOLIC BEVERAGE ESTABLISHMENT Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the State for sale and or service of alcoholic beverages, which include, but are not limited to, any stand-alone bar, bottle club, hotel, motel, restaurant, night club, country club, cabaret, and meeting facility located in the City of Boynton Beach in which alcoholic beverages, beer or wine are, or are available to be, sold, dispensed, served, consumed, provided, possessed or offered for sale or consumption on the premises. NUDITY The exposing to public view of the human male or female genitals, pubic area, cleavage of the human buttocks, or that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). PARTIAL NUDITY The exnosina to public view of the human male or female cleavaae of the human buttocks or that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple) with less than a full opaque covering; or the depiction of covered human male genitals in a discernibly turgid state. Staff Report Memorandum No. 10-069 Page 5 Prohibiting the sale and consumption of alcohol at an adult entertainment business is a fairly common regulation found today in the adult use regulations of many cities across the Country. Staff understands that such a regulation is commonly used today since the sale and consumption of alcohol does not relate to the protected "free speech" aspects of adult entertainment, and because such environments absent of alcohol consumption will minimize actions and behavior that may otherwise lead to unsafe, unhealthy and "obscene" conditions. The proposed operational and design standards, to be located within the Chapter 13. "Licenses" of the Code of Ordinances, are also intended to minimize or prevent unsafe and unhealthy interaction involving employees and patrons and include the following: (a) Nude or partially nude performers/entertainers or employees shall not approach within six (6) feet of patrons, customers or other employees or other performers/entertainers (b) Nude or partially nude performers/entertainers or employees shall only entertain from a designated stage raised from the floor a minimum of 18 inches (c) The minimum floor area per room or partitioned area within an adult entertainment establishment shall be 2,000 square feet exclusive of kitchen space restrooms storage areas and anv other non-public/customer area of the establishment RECOMMENDATION As indicated above, writing regulations applicable to this topic is a very challenging task given the overlying protection and complexity represented by the First Amendment to the U.S. Constitution, the secondary effects of adult entertainment businesses, and the need to protect the community interests including both property and moral values. Staff recommends the subject amendments to the City's Code of Ordinances and opines that it has properly balanced the competing interest while remaining defensible against any possible claims of violation against the First Amendment rights. If the Board or City Commission requires additional time to review this matter, it is important that the moratorium be extended during the additional review period. MWR:rs Attachments �:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Adult Entertainment NOI\Staff Report.doc Page 1 of 1 a rr. 0%,P. N... �� fi� - Adult Entertainment Analysis - Eligible Parcels E41ibil-Ir. Legend = Eligible Parcel Boundary =Eligible Parcels Parcels Interstate 95 le://\\apps3\auto\Data\104\Items\97\1325\1141\PlanningCustom750_Areal jpeg 11/10/2010 Page 1 of 1 Adult Entertainment Analysis - Eligible Parcels BMW' **H*' Legend J Eligible Parcel Boundary ImEligible Parcels tnterstate 95 Panels file://\\apps3\auto\Data\ 104\Items\97\ 1325\ 1141 \PlanningCustom750_Area2.JPG 11/10/2010 Page 1 of 1 40 Adult Entertainment Analysis - Eligible Parcels EWIi 'If' It nri W -ft rIP Jw Legend ,. � Eligible Parcel Boundary Parcels - Interstate 95 //\\apps3\auto\Data\ 104\Items\97\ 1325\ 1141 \PlanningCustom750_Area3.JPG 11/10/2010 Page 1 of 1 a . - -- - .. m A Adult Entertainment Analysis - Eligible Parcels El"ibi'-W Legend j_j Eligible Parcel Boundary =Eligible Parcels Parcels Interstate 95 file://\\apps3\auto\Data\ 104\Items\97\ 1325\ 1141 \PlanningCustom750_Area4.JPG 11/10/2010 Page 1 of 1 Adult Entertainment Analysis - Eligible Parcels E*'ibt»".. 754ft Buffer/Se ration - Area 5 Legend ■Eligible Parcel Boundary Parcels Interstate 95 e://\\apps3\auto\Data\104\Items\97\1325\1141\PlanningCustom750 Area5.JPG 11/10/2010 EXHIBIT "B" List of supporting reports, cases and other documents Document Subject/Topic • Executive Summary • Local study, negative secondary effects. Crime -Related Secondary Effects of Sexually -Oriented Businesses Report to the County Attorney, Palm Beach County, FL August 15, 2007 • Adult Entertainment Businesses in • Negative secondary effects. Indianapolis. An Analysis February, 1984 • Survey of Florida Appraisers — • Local data, Secondary effects (property Effects of Land Uses on Market values) Values. For Palm Beach County May, 2008 • Director's Report: Proposed Land • Negative secondary effects. Use Code Text Amendment, Adult Cabarets March, 1989 • Adult Entertainment Business Study • Negative secondary effects For Manatee County, Florida June, 1987 • Newport News, Virginia- Adult Use • Negative secondary effects Study March, 1996 • Survey, Findings and • Negative secondary effects Recommendations of Sexually Oriented Businesses- Toledo, Ohio August, 2002 • Renton v. Playtime Theatres, Inc., • Buffer requirements for Adult uses 475 U.S. 41 (1986) • Young v. American Mini Theatres, • Buffer requirements for Adult uses 427 U.S. 50 (1976) • Barnes v. Glen Theatre, Inc., 501 • Government can regulate certain kinds of U.S. 560 (1991) expression. • "Nudity itself is not inherently expressive conduct." • Erie v. Pap's A. M., 529 U.S. 277 • Determined that nude dancing is a form of (2000) free speech • California v. Larue, 409 U.S. 109 • Separation of alcohol and nudity (1972) 44 Liquormart, Inc. v. Rhode Island, • Separation of alcohol and nudity 517 U.S. 484 (1996) • Flanigan's Enterprises, Inc. v. Fulton • Separation of alcohol and nudity County, Georgia Nos. 08-17035, 2010, D.C. Docket Nos. 01 -03109- CV-RLV- 1, 0 1 -03696-CV-RLV (11 Cir. Feb. 16, 2010) • Sensations, Inc. v. City of Grand • Buffer between patron and performer Rapids, 526 F.3d. 291 (6 Cir. 2008) • City of Daytona Beach v. Del Percio, • Separation of alcohol and nudity 476 So.2d 197 (Fla. 1985) • Sammy's of Mobile, Ltd. v. City of • Separation of alcohol and nudity Mobile, 140 F.3d 993 (I1 Cir. 1998) • New York State Liquor Authority v. • Separation of alcohol and nudity Bellanca, 452 U.S. 714 (1981) • City of Newport v. Iacobucci, 479 • Separation of alcohol and nudity U.S. 92 (1986) • Preventing Secondary Effects of • Negative secondary effects Adult Entertainment Establishments: Is Zoning the Solution? Dana M. Tucker Journal of Land Use and Environmental Law. Vol. 12:2, Spring 1997 • NLC Summaries of "SOB Land • Negative secondary effects Use" Studies- Crime Impact Studies By Municipal and State Governments on Harmful Secondary Effects of Sexually Oriented Businesses (1977- 1998) • City of Phoenix- Adult Business • Negative secondary effects Study May, 1979 • Final Report to the City of Garden • Negative secondary effects Grove: The Relationship Between Crime and Adult Business Operations on Garden Grove Boulevard October, 1991 LH TO114,.. �r. Boynton Beach Police Department z CRIMES /CALLS FOR SERVICE >> ADULT ESTABLISHMENT/ BAR COMPARISON EXHIBIT "C" .aFe� 2005 THRU 2009 Platinum Showgirls 1115 N Federal Hwy Skeeters 1403 W Boynton Beach Blvd Villager Pub 1403 W Boynton Beach RIvr1 ROBBERY 4 0 0 AGGRAVATED ASSAULT/BATTERY 8 3 1 BURGLARY 7 5 1 LARCENY 13 1 C AUTO THEFT 6 2 0 DRUG OFFENSES 8 8 0 VICE/CONFIDENTIAL 6 0 0 TOTAL REPORTS TAKEN 206 81 11 TOTAL CALLS FOR SERVICE 674 122 34 TOTAL ARRESTS MADE 64 13 1 2003 THRU 2007 Platinum Gold 3675 S Federal Hwy Skeeters 1403 W Boynton Beach Blvd Villager Pub 1403 W Boynton Beach Blvd ROBBERY 0 0 AGGRAVATED ASSAULT/BATTERY 6 1 BURGLARY 2 2 0 LARCENY g 1 0 AUTO THEFT 3 0 0 DRUG OFFENSES 7 8 0 VICE/CONFIDENTIAL 0 0 0 TOTAL REPORTS TAKEN 169 62 7 TOTAL CALLS FOR SERVICE 294 120 19 TOTAL ARRESTS MADE 15 , 1 1 11/4/2010 Page 1 of 1 Eldtibit "D" Adult Entertainment Analysis - Eligible Parcels 0 1,000ft Buffer/Separation Existing Conditions) r-jiypoluxo•Rd 73 L 3 :J I � ,I C :l �Mincr Rd .,_._..Miner Rd ',- a Gateway Blvd._--:- > x_' Gatev:a C Li Legend Eligibie Parcel Boundary Eligible Parcels City Boundary Parcels z 7C a' J � "1=11d Boymon Rd F Boynton Beach: Blvo ' G 49M eeoo 1.700 foci rTI C �Uccun Ave N D � U N U U VJ rn ,r 4 SW73rdA ve `m z :t •Gulistrcum Blvd (-.overs areas within 1.000 feet of: All residential zoning (listricts. inciu(ling PUCI 111(1 IPUD Residential us es in other zoning districts IPulrlic Usage {PU} zoning (listrict :Park. School and Church Properties //\\apps3\auto\Data\ 104\Items\97\ 1325\ 1 141 \Exihibit_D.JPG 11/10/2010 LU W a� cl m bn M Y Y 5 r ti v att �n o In �° czcz U co C)U cn N 4o � to njato C's Ln Ru co 21. vUCl iy z 00 z a. bbo +— F Cd p ^N1 Z z as U i ¢ o co i -I 00 cz Cd CZ 442 Ln In u 00 Cd Z o � O p pC40 U¢ 1 U z yQy H z Q z f�h u oz Q p o "z�° "'n co Z Y >~ >~ O 1 O y0 U y O CZ u g ¢ g ¢ ¢¢ 1-4 � CO z z z z �� c g O 0 0 0 o O O o 0 y O 1 OM O O O O � N O to O h 0000 N O v1 •--� .--1 M O) .—. w 0 o o 0 0 c 4 7-1 0 O 00 0 Oo czO a U co yl— ���U�� i. v p' Cl p U a� cG U O cts5 a xCd ¢ a� cl m bn M Y Y 5 r ti v att �n o In �° czcz U Page 1 of 1 Ampkk Adult Entertainment Analysis - Eligible Parcels B>dlillit F m r Suit auneuSevaiativn �Hypi,luar'Rd - 77 77 Hylitiluxv Rd �i s Gateway Blvd Li Legend F-3 Places of Worship Schools Eligible Parcels Eligible Parcel Boundary Q City Boundary Parcels Mi nc r R n •z Gatev:ay Blv U Z r r°� Y, l T � t r i Old Boylston Rd h Bolnton Boach Blvd—" 0 ¢ in U C WOO .,-,.WoollSright Rd % y f u j L w 1yy1FII :l F -v5 11 r- -GulfstrULIITI Blvd 'y 1 EI 0 2200 4400 11300 13200 Feet `Covers areas within 750 feet of: All residential zoning districts, including PUD and IPUD Residential uses in other zoning districts Public Usage JPU► zoning district Park. School and Church Properties A\apps3\auto\Data\104\Items\97\1325\1141\Exhibit F.JPG 11/10/2010 i w � O � z � wo z� H w� o � N ~ O 00 N O � z� cl a Q O 7:1 pcc Cd N �j En o ct 's cn� ♦+ 4. o .fl �j v1 p Mcd cz Cd ri M In I 2 ORDINANCE NO. 10- 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 5 BOYNTON BEACH, FLORIDA, AMENDING THE CITY OF BOYNTON 6 BEACH CODE OF ORDINANCES, BY AMENDING CHAPTER 3, 7 `ALCOHOLIC BEVERAGES", BY ADDING NEW DEFINITIONS FOR 8 ALCOHOLIC BEVERAGE ESTABLISHMENT, NUDITY AND 9 PARTIAL NUDITY TO SECTION 3-1; BY ADDING NEW SECTION 3-6 10 ENTITLED "PROHIBITION OF NUDITY, PARTIAL NUDITY, SEXUAL 11 CONDUCT"; AMENDING CHAPTER 13, "LICENSES", BY ADDING A 12 NEW ARTICLE III, ENTITLED "ADULT ENTERTAINMENT 13 ESTABLISHMENTS"; AND AMENDING THE LAND DEVELOPMENT 14 REGULATIONS OF THE CITY OF BOYNTON BEACH, BY 15 AMENDING CHAPTER 2, SUBSECTION 6.C., "C-3, COMMUNITY 16 COMMERCIAL ZONING DISTRICT", BY CHANGING SUBSECTION 17 BB, FROM CONDITIONAL TO PERMITTED AND ADDING 18 REFERENCES TO THE REQUIREMENTS OF SUBSECTION 11.M.; BY 19 AMENDING CHAPTER 2, SUBSECTION 7.E.1 "USES PERMITTED", 20 BY CHANGING THE USE FROM PERMITTED TO CONDITIONAL 21 AND BY ADDING REFERENCES TO NEW DEFINITIONS; BY 22 AMENDING CHAPTER 2, BY ADDING A NEW SUBSECTION (10), 23 ADULT ENTERTAINMENT ESTABLISHMENTS; TO SUBSECTION 24 8.A.1.D. AND DELETING SUBSECTION (8) FROM SUBSECTION 25 8.A.2.B.; BY AMENDING CHAPTER 2, SUBSECTION 11.M., "ADULT 26 ENTERTAINMENT; SPECIAL RESTRICTIONS", BY ADDING 27 FINDINGS OF FACT AND ADDITIONAL REQUIREMENTS; 28 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 29 AND AN EFFECTIVE DATE. 30 31 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 32 166 of the Florida Statutes, the City Commission of the City of Boynton Beach (the "City 33 Commission") is authorized and required to protect the public health, safety and welfare of its 34 citizens; and 35 WHEREAS, the City Commission recognizes that adult entertainment establishments 36 bring harmful secondary adverse effects on the surrounding neighborhoods and businesses; and 37 WHEREAS, studies have been conducted in other urban areas, municipalities, and 38 counties, which have shown that the location and the concentration of adult entertainment I establishment affect the areas of the city in which they are located and contribute to a 2 devaluation of property values, increase in crime, and have a blighting effect; and 3 WHEREAS, the United States Supreme Court in City of Renton v. Playtime Theatres, 4 Inc., 106 S.Ct. 925, 475 U.S. 41, 89 L.Ed.2d 29 (1986) and the Eleventh Circuit of the United 5 States Court of Appeals in International Eateries of America. Inc. v. Broward County, 941 F.2d 6 1157 (11' Cir. 1991), have each permitted the reliance by government upon the experiences of 7 and the studies and reports conducted in other urban areas, municipalities, and counties; and 8 WHEREAS, City staff has reviewed and analyzed numerous studies, reports, 9 ordinances, federal and state case law, legislative findings, and summaries pertaining to adult 10 entertainment uses and the effects that result and could result therefrom; and 11 WHEREAS, in the numerous studies, reports, ordinances, legislative findings, and 12 summaries on harmful secondary effects that have been presented to and reviewed by the City 13 Commission and City staff, the City Commission finds that convincing evidence has been 14 presented that harmful adverse secondary effects may result from the concentration of adult 15 entertainment establishments; and 16 WHEREAS, the City Commission finds that without the continued enforcement of the 17 distance separation requirements, the harmful secondary effects associated with adult 18 entertainment establishments, including misdemeanor and felonious crime such as prostitution 19 and increased sexual assaults, the attraction of criminal activity, neighborhood blight, and the 20 downgrading of residential and commercial properties would arise and proliferate within the 21 City of Boynton Beach; and 22 WHEREAS, adult entertainment uses have been shown to cause or significantly 23 contribute to increases in criminal activity in the areas in which such uses are located or occur, I bringing about difficulties for law enforcement in preventing crime and maintaining public 2 order; and 3 WHEREAS, adult entertainment establishments can undermine the stability of 4 established businesses and commercial uses where adult entertainment uses are located and can 5 cause a deterioration of such other business and commercial uses, inhibit business and 6 commercial growth, and have an adverse impact on tax revenues and commercial property 7 values; and 8 WHEREAS, adult entertainment uses can have a negative influence on minors and 9 students in areas where adult entertainment establishments are located, can diminish or destroy 10 the enjoyment and family atmosphere of persons utilizing parks and playground areas in the 11 City, and can interfere and even destroy the spiritual experience of persons attending churches 12 and other places of worship; and 13 WHEREAS, the City Commission reaffirms its concerns regarding the harmful 14 secondary effects associated with concentrations of adult entertainment uses and desires to 15 protect and preserve the quality of life in the City of Boynton Beach and the quality of the 16 City's neighborhoods and commercial districts, while protecting other uses within the City, 17 such as residential, parks and playgrounds, child care centers, churches, and schools from the 18 concentration of adult entertainment establishments; and 19 WHEREAS, based on the convincing and documented evidence presented and 20 reviewed, the City Commission finds that the distance separation requirements are not greater 21 than necessary to prevent the adverse secondary effects determined by the City Commission to 22 be associated with adult entertainment uses; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the City Commission of the City has been advised of the numerous studies, reports, and documentation on the subject of adult entertainment uses, has reviewed the staff analysis pertaining to this ordinance, and has determined that it is absolutely necessary and important to the health, safety, and welfare of the citizens and residents of the City to minimize the adverse secondary effects of adult entertainment uses within the City of Boynton Beach, and in doing so, desires to amend the Code of Ordinances and the Land Development Regulation of the City of Boynton Beach; and WHEREAS, the City Commission determines that these amendments to the Code of Ordinances and Land Development Code of the City of Boynton Beach do not unfairly restrict adult entertainment uses within the City, as there are sufficient properties available within the City for adult entertainment uses to operate; and WHEREAS, the City Commission has the power and authority to enact regulations pertaining to land use and development within the City and for valid governmental purposes that are not inconsistent with general or special law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Chapter 3, "Alcoholic Beverages, of the City of Boynton Beach Code Ordinances, Section 3-1 is amended by adding the new terms and corresponding definitions to read as follows: ALCOHOLIC BEVERAGE ESTABLISHMENT Any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements including those licensed by the State for sale and or service of alcoholic beverages which include but are not limited to any stand-alone bar, bottle club hotel motel restaurant night club country club cabaret and meeting facility located in the City of Boynton Beach in which alcoholic beverages, beer or wine are or are available to be sold dispensed served consumed, provided possessed or offered for sale or consumption on the premises. NUDITY The exposing to public view of the human male or female genitals. pubic 2 area, cleavage of the human buttocks or that portion of the human female breast 3 encompassed within an area falling below the horizontal line one would have to draw to 4 intersect a point immediately above the top of the areola (the colored ring around the 5 nipple). 6 7 PARTIAL NUDITY The exposing to public view of the human male or female 8 cleavage of the human buttocks or that portion of the human female breast encompassed 9 within an area falling below the horizontal line one would have to draw to intersect a 10 point immediately above the top of the areola (the colored ring around the nipple) with 11 less than a full opaque covering; or the depiction of covered human male genitals in a 12 discernibly turgid state. 13 14 Section 3. That Chapter 3, "Alcoholic Beverages" of the City of Boynton Beach 15 Code of Ordinances is amended by adding a new Section 3-6 entitled "Prohibition of Nudity, 16 Partial Nudity, Sexual Conduct" to read as follows: 17 18 See. 3-6 Prohibition of nudity, partial nudity, sexual conduct 19 20 (1) No person shall engage in nudity or partial nudity in any alcoholic beverage 21 establishment. 22 23 (2) No employee of or person having an independent contractual relationship with the 24 owner or operator of an alcoholic beverage establishment shall engage in nudity or 25 partial nudity in any alcoholic beverage establishment 26 27 (3) No person maintaining owning or operating an alcoholic beverage establishment 28 shall suffer or permit any employee or person having an independent contractor status 29 as to the owner or operator of the alcoholic beverage establishment to engage in nuditv 30 or partial nudity within any alcoholic beverage establishment. 31 32 (4) No person shall engage in and no person maintaining owning or operating an 33 alcoholic beverage establishment shall suffer or permit any sexual intercourse 34 masturbation, sodomy, bestiality oral copulation flagellation any sexual act which is 35 prohibited by law, touching caressing or fondling of the breasts buttocks or any 36 portion thereof, anus or genitals or the simulation thereof, within any alcoholic beverage 37 establishment. 38 39 Section 4. That Chapter 13, "Licenses" of the City of Boynton Beach Code of 40 Ordinances is amended by adding a new Article III., ADULT ENTERTAINMENT 41 ESTABLISHMENTS" to read as follows: 42 43 Article III. ADULT ENTERTAINMENT ESTABLISHMENTS M! I All adult entertainment establishments as defined below shall operate in accordance 2 with this section as well as in accordance with Chapter 3. Alcoholic Beverages. Part 3 III. Land Development Regulations Chapter 2. Zoning and Chapter 2. Section 11. 4 5 Sec. 13-59. Defined. 6 7 An "adult entertainment establishment" is a commercial enterprise which predominately 8 limits admission to "adults only" owing to the sexual nature of its merchandise or 9 entertainment. Such establishments may include but not be limited to, adult 10 bookstores adult theatres adult lounges adult health studios adult motels or hotels 11 with nude, bottomless or topless entertainment or employees. 12 13 (a) Nude or partially nude performers/entertainers or employees shall not approach 14 within six (6) feet of patrons customers or other employees or other 15 performers/entertainers. 16 17 (b) Nude or partially nude performers/entertainers or employees shall only entertain 18 from a designated stage raised from the floor a minimum of 18 inches. 19 20 (c) The minimum floor area per room or partitioned area within an adult 21 entertainment establishment shall be 2,000 square feet exclusive of kitchen space, 22 restrooms storage areas and any other non-public/customer area of the establishment. 23 24 Section 5. That Chapter 2., Section 6., Commercial district regulations and use 25 provisions, Subsection C., "C-3, COMMUNITY COMMERCIAL DISTRICT", subsection 26 Lbb., "Adult entertainment establishments." of the Land Development Regulations of the City 27 of Boynton Beach is amended by changing from conditional to permitted and adding references 28 to the requirements of Subsection I I .M. to read as follows: 29 30 bb. Adult entertainment establishments, in accordance with Section I I.W": 31 32 Section 6. That Chapter 2, Section 7, Planned industrial development district., 33 Subsection E., "Uses Permitted Commercial Zoning District" of the Land Development 34 Regulations of the City of Boynton Beach is amended by changing the use from permitted to 35 conditional and adding references to the requirements of Subsection I I .M. to read as follows: 36 37 "E. USES PERMITTED. In the PID, a building and its customary ancillary 38 structures and land uses may be erected, altered and occupied for any office, 39 professional, business (wholesale or retail), educational institution, adult entertainment 40 establishments in accordance with Section 1 I.M., recreational and attractions as defined 41 for the industrial land use classification, multi -family residential, and mixed use 42 residential/commercial uses in PID's totaling a minimum of 500 acres or industrial use 43 provided that such use or uses is/are approved by the planning and development 44 board... 45 46 Section 7. That Chapter 2, Section 8., M-1 industrial district regulations and use I provisions., Subsection A.l.d., Transportation, communication, utilities, and miscellaneous 2 uses as follows:, of the Land Development Regulations of the City of Boynton Beach is 3 amended by adding a new subsection (10), "Adult Entertainment Establishments' to read as 4 follows: 6 (10) Adult entertainment establishments in accordance with Section 11 M; and 7 8 Section 8. That Chapter 2, Section 8., M-1 industrial district regulations and use 9 provisions., Subsection A.2.b., Other uses as follows:, of the Land Development Regulations of 10 the City of Boynton Beach is amended by deleting subsection (8), to read as follows: 11 12 (8) Adult entertai 4 establisiffnents, inaeeer-danee � c fien , 1.M; 13 14 Section 9. That Chapter 2, Section 11, Supplemental Regulations, Subsection "M." 15 ADULT ENTERTAINMENT; SPECIAL RESTRICTIONS of the Land Development 16 Regulations of the City of Boynton Beach Code is amended to read as follows: 17 18 M. ADULT ENTERTAINMENT ESTABLISHMENTS; SPECIAL 19 RESTRICTIONS. 20 21 1. Findings of fact. The City acknowledges that nude and exotic dancing and 22 entertainment is an expression protected under the First Amendment of the Constitution 23 of the United States. Such expression communicates a message to the intended audience 24 but shall not be obscene, as defined by the courts nor involve children The Supreme 25 Court has upheld local regulations that are not intended to preclude such protected 26 expression but rather to prevent the harmful side effects known as "secondary effects" 27 Based on various reports studies and judicial opinions generated throughout the 28 country, including within the State of Florida, the City of Boynton Beach finds it in the 29 interest of health, safety, peace property values and general welfare of the people and 30 businesses of the City of Boynton Beach to regulate said businesses to control the 31 secondary effects associated with them Secondary effects have been proven to include 32 in part, increased criminal activities moral degradation depreciation of property value 33 and harm to the economic welfare of the community as a whole 34 35 By limiting the location and concentration of such uses by limiting the proximity of 36 such uses to places of residence and public -gathering, and by restricting the sale of 37 alcohol within or nearby said establishments the secondary effects referenced above 38 will be avoided or minimized. Also contributing to the control of secondary effects are 39 restrictions on operational characteristics including the interaction between nude or 40 partially nude entertainers and patrons customers other employees and entertainers 41 given the threat they represent to the health of others through the spread of 42 communicable and social disease. Requirements regarding buffers and stage designs are 43 intended to protect public health while preserving the forms of expression intended by 44 the protected nude and exotic entertainment 45 1 2. Development and operational standards applicable to uses regulated by this section. 2 In addition to the requirements of the underlying zoning district, other applicable 3 general regulations. County licensing requirements, and Section 3-6 of the Code of 4 Ordinances the following requirements shall apply to adult entertainment 5 establishments: 6 7 a. 4-. No adult entertainment establishment shall be located closer than one 8 thousand seven hundred (1X000) 750 feet from any other adult entertainment 9 establishment measured from lot boundary to lot boundary along a straight 10 airline route, except when the property containing the adult entertainment 11 establishment is separated from the above use by the 1-95 and CSX Railroad 12 rights-of-way, or the Boynton (C-16) Canal right-of-way. 13 14 b. -2. No adult entertainment establishment shall be located closer than one 15 theusand seven hundred (1;889) (750) feet from any house of worship; 16 residential zoning district (including a mixed-use district containing a 17 residential component or a mixed-use pod of a Planned Industrial 18 Development); public usage district; recreation district except where the 19 subject property is a preserved natural area not accessible to theeg neral 20up blic; or schools measured from lot boundary to lot boundary along a straight 21 airline route, except when the property containing the adult entertainment 22 establishment is separated from the above uses by the I-95 and CSX Railroad 23 rights-of-way, or the Boynton (C-16) Canal right-of-way. 24 25 Section 10. Each and every other provision of the Land Development Regulations 26 not herein specifically amended herein, shall remain in full force and effect as originally 27 adopted. 28 29 Section 11. That should any section or provision of this ordinance or any portion 30 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be 31 invalid, such decision shall not affect the validity of the remainder of this ordinance as a whole 32 or part thereof other than the part declared to be invalid. 33 34 Section 12. That all ordinances or parts of ordinances in conflict herewith be, and the 35 same are hereby repealed. 36 37 Section 13. Authority is hereby given to codify this ordinance. 38 39 Section 14. That this ordinance shall become effective immediately upon its passage 40 on second and final reading. 41 I PASSED FIRST READING this day of , 2010. 2 SECOND AND FINAL READING ADOPTED this _ day of , 2010. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor — Jose Rodriguez 7 8 9 10 Vice Mayor — Marlene Ross 11 12 13 14 Commissioner — William Orlove 15 16 17 18 Commissioner — Woodrow L. Hay 19 20 21 22 Commissioner — Steven Holzman 23 ATTEST: 24 25 26 27 Janet M. Prainito, MMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 2 4 5 6 7 8 9 10 12 13 14 IS 16 18 f9 20 2! 22 23 24 25 26 RESOLUTION NO. RIO- 021 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE OF INTENT" TO COMMENCE A TEMPORARY MORATORIUM FOR ONE HUNDRED EIGHTY (I80) DAYS ALLOWING STAFF TO REVIEW, STUDY, AND REVISE 'ZONING AND USE REGULATIONS REGARDING ADULT ENTERTAINMENT USES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance 00-53 (codified in Article X1 of Chapter 2 of the City's Land Development Regulations) authorizes temporary moratoriums to allow the City staff and City consultants to study the need for modifications to City development regulations in response to trends on development or redevelopment in the City; and WHEREAS, the United States Supreme Court in its 2002 opinion in 'Tahoe -Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency recognized that the moratoria, or "interim development controls" as they arc often called, arc an essential tool of successful development; and WHEREAS, adult entertainment' uses are currently permitted uses in the C-3, PCD, PID and M -I Zoning Districts and are conditional uses in the C-4 Zoning District, subject in all cases to distance requirements as set forth in Section 1 1.M of Chapter 2 of the City's Land Development Regulations; and W'HEREALS, the Commission deems it timely and in the best interest of the City and its residents to undertake review and revision of the zoning and use regulations as they relate to the location, use and operation of adult entertainment establishments; and ADULT ENTERTAINMENT ESTASLtSHMENT —A Commercial enterprise which pradominateiy limits admission to "adutt5 oniy" owing to the sexuai nature of its merchandise or entertainment Such establishments may include, but not limited to, adult bookstores, adult theatres, adult lourTes, adult health studios, adult motels or hotels with nude. bottomless or topless entertainment o" employees. Y'1CAWSCAN*110c of IntcntVtcso • NOl SdUh Fijrc imem 0202t0.aw 189 of 228 2 i 3 4 5 6 7 s 9 t6 tt 12 13 14 15 16 17 is 19 20 21 22 23 WHEREAS, the Commission has authority to initiate the review process by resolution and issuance of a Notice of Intent: and WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a formal announcement of said planning activities, and the period during which time all applications related to the operation of Mutt entertainment establishments must be halted; and WHEREAS, this Notice of Intent will be in effect from the date of adoption and thereafter for a period of 180 days following the date of adoption unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and WHEREAS, the Commission intends that this Resolution constitute zoning in progress and the commencement of a temporary moratorium as a means of halting the opening or expansion of an adult entertainment establishment during the one hundred eighty (180) day study period herein described. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACK FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby issue the Notice of Intent attached hercto as Exhibit "A". Section 2. That this Resolution shall become effective in all zoning districts city. wide immediately upon passage. Suction 3. The Notice of Intent shall be posted and copies provided as required by Ordinance 000-053. Sec ' n 4, No application for a dcvelopmem activity or Business Tax Receipt, that is defined within the scope of the study shall be accepted by the City following the date of adoption of this Resolution and during the study period. No application for a development activity or I S:ICAIRLJ0%Naico or IntenhRcso • NUI Adult &riensun nt 020210 d- 190 of 228 1 2 3' 4 5 T' sl 0 10 11 !2 i3 14 15 16 17 Is 19 20 21 22 Z 27 26 29 j Business Tax Receipt, that is defined within the scope of the study shall be further processed by t the City, following the date of adoption of this Resolution during the stud;, period, unless the application was flied prior to the adaption date of this Resoiution, PASSED AND ADOPTED this kday of February, 201 0, A'I—rLS i'; ct N1. Prai City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA yor - J yl r- Vice Mauxr - War>�reu SACA1ttr,gallouco nrirauMARc■o • N01 wvu kncrrtalnum 0202 i o 4oc 191 of 228 Jose Rodriguez — Marlette Ross EXE.T 'A' NOTICE OF INTENT TO ADOPT PENDING LAND DEVELOPMENT AMENDMENTS NOI #2010-02 STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this Notice of Intent is to declare a period to prepare and bring forward for adoption amendments to the Land Devclnpment Regulations pertaining to adult entertainment uses. AFFECTED AREA All properties located throughout the City that are zoned G3, C-4, PCD (Planned Commercial Development), PID (Planned Industrial Development), or M -l. GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) i. Changing the zoning districts where Adult Entertainment Uses are permitted uses, conditional uses, or prohibited uses; 2. Tha addition of operational requirements applicable to Adult Entertainment Uses; and 1 Provide buffering and landscape requirements, or other development standards applicable w Adult Entertainment Uses, AFFECT ON DEVELOPMENT IF REGULATION ADOPTED The intent of amendments to the Land Development Regulations is to protect land uses and properties from unjustifiable impacts that could be caused by the development and/or operation of Adult Entertainment Uses. if findings reveal potential land use incompatibilities between future Adult Entertainment Uses and adjacent properties, uses, road corridors, or redevelopment areas, the intent of new regulations generated from the study will be to minimize or eliminate potentia: impacts upon adjacent properties, thoroughfares and redevelopment areas. EXISTING SECTIONS OF THE CODE Ols ORDINANCES WHICH AR;r THE SU8JEG7 Off' THE STUDY AND MAY BE AMENDS Part 11, Chapter 13. Licenses Part III, Chapter 1, Article 11. Definitions Part III, Chapter 2. Zoning, Sec, b.C. C-3, Community Commercial District; Part i1I, Chapter 2. 'Zoning, Sec. 6.D. G4, General Commercial District; Part 111, Chapter 2, Zoning, Sec, Mi. PCD, Planning Commercial Development District Part 111, Chapter 2. Zoning, Sec. 7. PID, Planned Industrial Deveiopment District; LDR, Chapter 2, Zoning, Sec. 8. M-1, industrial District regulations and use provisions; LDR. Chapter 2. Zoning, Sec. i I.M. Adult Entertainment Establishments; Special Restrictions. L'+1'ar.n,nu,. W \wMW+tl'rowip.r l i.,•.d ti �.rnl'i'enw••• .—V 3,I WlM fi k.' J..: 192 of 228 PR03ECTED TIME FRAME FOR STUDY One Hundred and Eighty ( 180) days from the date of approval of this Notice by the City Commission STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this Notice, no application or uses within the Affected Area deemed incomplete shall be processed and no new application shall be accepted or processed during the period that this Notice is in effect. This Notice of Intent shall only apply to any application processed by the City that relates to an .Adult Entertainment Use, Adult Entertainment Uses are defined by the land Development Regulations, Part 3. Chapter 1. Article 11. Definitions, ADDITIONAL NOTICE The Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance tt> City Hall. I A copy of the Notice oT intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants who may be potentially zfi'ected by the.pending study and regulatory changes. This notice shall be provided to those individuals by mail, facsimile, electranic mail or in person, Comments including written objections to the Notice of intent. shall be accepted by the Development Department Director from recipients of this notice. Neither failure by the City Clerk to provide notice as sct forth in this section not the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: February Adopted by Resolution number RIO_O.A4 of the City Commission of the City of Boynton Beach, Florida the .2wo day of 1-Affw 2010. �s *iclof the Cit JrkerkO— C V3ua..nml. wW tin119�f Y1wMIJ'A.•i]14mM4,s�1aMn(,dlNl Illla'lllil fl ka45�K Ilw•,�Ili ?Ulil.(I; �nAoh Full WR 193 of 228 The City of Boynton Beach November 17, 2010 Citta Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boy n t on-beach.org Mr. Steve Myott 3012 Fernwood Drive Boynton Beach, FL 33435 Dear Mr. Myott: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Planning and Development Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Enclosed please find a "Form 1 F — Final Statement of Financial Interests — 2009". As noted on the form, you are required to file this form within 60 days of leaving public office. I have included a copy of the filing instructions. Please forward this completed form to: Susan Bucher Supervisor of Elections 240 South Military Trail West Palm Beach, FL 33415 If I can be of any additional service, please do not hesitate to contact me. Sincerely,( �a:� �Y) • R�" net M. Prainito, MMC City Clerk lap XC: City Commission Board Chairperson City Representative Thank you folder Financial Disclosure File (Board) - America's Gateway to the Gulfstream Cherry-Guberman, Catherine From: Cherry-Guberman, Catherine Sent: Wednesday, November 17, 2010 3:36 PM To: Rodriguez, Jose; Holzman, Steven; Orlove, Bill; Hay, Woodrow; Ross, Marlene; Rumpf, Michael; 'ssroger@bellsouth.net' Subject: Steve Myott - Thank you for service on P&D Board Attachments: Scan 101117162945. pdf � Scan101117162945 ,pdf (94 KB) Greetings! Attached is a thank you letter sent to Steve Myott for his service on the Planning and Development Board. The City Commission accepted his resignation on November 16, 2010. The letter is for your information and records. Best, Catherine Cherry Recording Secretary c $. STEVEN E MYOTT r 307 FEFN WOUC` DVivE �UYNT(3,4� 9Ari 73 N. F� 415 p l ! r' h ", \ "�---� October 26, 2010 Mr. Mike Rumpf Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FI 33425 Re: Planning and Development Board Resignation Dear Mike, Regretfully I must resign from the Planning and Development Board effective today. My schedule has become unpredictable and, conflicts with project approval meetings in other Cities have caused my absence and I anticipate that pattern to persist for the immediate future. I think you know of my care and concern for our city. I hope to be able to serve again in the not too distant future. My board packet and notebook are attached. Please fees free to contact me if I can be of assistance aside from the regular meetings. Sinc Stevlvott, Architect Mijos Tex Mex Restaurant, #10.010 Page 1 of 2 West Palm Beach, Florida The City of Boynton Beach November 4, 2010 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Ms. Sharon Grcevic 7043 Chesapeake Circle Boynton Beach, FL 33436 Re: Board Appointment — Planning & Development Board - Term Expiration Dear Ms. Grcevic: Our records indicate that your term of service as a regular member of the Planning & Development Board will be expiring as of December 2010. In order to inform the City Commission as to whether or not you care to continue serving on this Board, or perhaps you may prefer a different Board, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office by Thursday, November 18, 2010. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, �n anet M. Praini o, MMC City Clerk Enclosure XC: City Commission, City Representative, Board Chairperson, Board File, Appointment File America's Gateway to the Gulfstream The City of Boynton Beach November 4, 2010 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561)742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Ms. Shirley Jaskiewicz 1917 SW 13`" Avenue Boynton Beach, FL 33426 Re: Board Appointment — Planning & Development Board - Term Expiration Dear Ms. Jaskiewicz: Our records indicate that your term of service as a regular member of the Planning & Development Board will be expiring as of December 2010. In order to inform the City Commission as to whether or not you care to continue serving on this Board, or perhaps you may prefer a different Board, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office by Thursday, November 18, 2010. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, kanet M. Pra' o,MMC City Clerk Enclosure XC: City Commission, City Representative, Board Chairperson, Board File, Appointment File America's Gateway to the Gulfstream The City of Boynton Beach November 4, 2010 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561)742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Mr. Roger Saberson 2740 SW 23rd Cranbrook Drive Boynton Beach, FL 33436 Re: Board Appointment — Planning & Development Board - Term Expiration Dear Mr. Saberson: Our records indicate that your term of service as a regular member of the Planning & Development Board will be expiring as of December 2010. In order to inform the City Commission as to whether or not you care to continue serving on this Board, or perhaps you may prefer a different Board, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office by Thursday. November 18, 2010. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, ' anet M. Prainit ,MMC City Clerk /z v Enclosure XC: City Commission, City Representative, Board Chairperson, Board File, Appointment File America's Gateway to the Gulfstream The City of Boynton Beach November 4, 2010 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561)742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www. boynton- beach, org Ms. Leah Foertsch 1650 Stonehaven Drive #5 Boynton Beach, FL 33436 Re: Board Appointment — Planning & Development Board - Term Expiration Dear Ms. Foertsch: Our records indicate that your term of service as an alternate member of the Planning & Development Board will be expiring as of December 2010. In order to inform the City Commission as to whether or not you care to continue serving on this Board, or perhaps you may prefer a different Board, we are enclosing a City of Boynton Beach Advisory Appointment Application for you to update, complete and return to this office by Thursday, November 18, 2010. Upon receipt of this form, we will distribute it to the Mayor and Commissioners for their perusal. Please do not hesitate to contact this office if you have any questions pertaining to this matter. My telephone number is 742-6061. Sincerely, net M. Prainit , MMC City Clerk Enclosure XC: City Commission, City Representative, Board Chairperson, Board File, Appointment File America's Gateway to the Gulfstream Page 1 of 1 Cherry-Guberman, Catherine From: Cherry-Guberman, Catherine Sent: Monday, November 08, 2010 9:30 AM To: Rodriguez, Jose; Ross, Marlene; Hay, Woodrow; Holzman, Steven; Orlove, Bill S bject: Advisory Board Reappointment Letters A achments: Reappointments. pdf G eetings! The attached are for your records. The letters are in preparation for Commission Action in December. Best, Catherine Cherry Recording Secretary 11/8/2010 1 r abc i ui i Cherry-Guberman, Catherine From: Cherry-Guberman, Catherine Sent: Monday, November 08, 2010 11:12 AM To: Rumpf, Michael Cc: 'ssroger@bellsouth.net' Subject: Reappointment Letters - Planning and Zoning Attachments: Reappointments. pdf Greetings! The attached minutes are for your records. The City Commission will address reappointments in December. Best, Catherine Cherry Recording Secretary .1/8/2010 The Citij of Boijnton Beeich October 12, 2010 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561)742-6060 FAX (561) 742-6090 e-mail: prainitoj@ci.hoynton-heach.fl.us www boy nton-beach.org Ms. Sharon Grcevic 7043 Chesapeake Circle Boynton Beach, FL 33436 Dear Ms. Grcevic: Based on Ordinance 01-60 adopted at the regular meeting of the City Commission on December 18, 2001 (see attachment), I must advise that you have been absent from the following three regular meetings of the Planning and Zoning Board: January 26, 2010 February 23, 2010 August 24, 2010 The next scheduled meeting of the Board will be held on October 26, 2010 at 6:30 p.m. in City Commission Chambers. This letter will serve as notification that one additional absence will cause your Board membership to be terminated, and a replacement will be appointed. Sincerely, Cm SOF BOYNTON BEACH JOS DRIGUEZ Mavo cg Attachment XC: City Commission City Representative Board File Warnings/Removals S:\CC\WP\BOARDS\warnings\Planning and Zoning Grcevic.doc America's Gateway to the Gulfstream The City of Boynton Beach October 12, 2010 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 E-mail: prainitoj@bbfl.us www.boynton-beach.org Mr. Steve Myott 3012 Fernwood Drive Boynton Beach, FL 33435 Dear Mr. Myott: Based on Ordinance 01-60 adopted at the regular meeting of the City Commission on December 18, 2001 (see attachment), I must advise that you have been absent from the following three regular meetings of the Planning and Zoning Board: February 23, 2010 May 25, 2010 September 28, 2010 The next scheduled meeting of the Board will be held on October 26, 2010 at 6:30 p.m. in City Commission Chambers. This letter will serve as notification that one additional absence will cause your Board membership to be terminated, and a replacement will be appointed. Sincerely, CITY OF BOYNTON BEACH JOSE May( C9 Attachment XC: City Commission City Representative Board File Warnings/Removals S:\CC\WP\BOARDS\warnings\Planning and Zoning Grcevic.doc America's Gateway to the Gulfstream 7 REGULARS & 2 ALTERNATES ., Bi % /v Established per Ordinance No. 71-1 Staggered Two-year Terms for Regular Members ! / One-year Terms for Alternate Members 2010 PLANNING & DEVELOPMENT BOARD MEMBER EXPIRES PHONE PROFESSION ALTERNATES: FOERTSCH, Leah 12/10 1650 Stonehaven Dr. #5 (33436) Appt'd 1/19/10 OPEN CITY EMPLOYEE REPRESENTATIVE: 305-606-0999 Urban Planner themattbarnesCa)vahoo.com 252-2519 BARNES, Matthew, Vice Chair 12/11 aol.com Broker/Owner 812 SW 1St Ct (33426) Appt'd 1/5/10 n GRCEVIC, Sharon 12/10 V11' 7043 Chesapeake Cir (33436) Appt'd 1/5/10 JASKIEWICZ, Shirley 12/10 1917 SW 13th Ave. (33426) Appt'd 12/16/08 KILLIAN, Candace 12/11 642 Riviera Dr (33435) Appt'd 1/5/10 MYOTT, Steve 12/11 3012 Fernwood Dr(33435) Appt'd 1/5/10 SABERSON, Roger G., Chair 12/10 2740 SW 23`d Cranbrook Dr (33436) Appt'd 12/16/08 TIMM, Warren 12/11 130 NE 26th Ave, # 301 (33435) Appt'd 01/05/10 ALTERNATES: FOERTSCH, Leah 12/10 1650 Stonehaven Dr. #5 (33436) Appt'd 1/19/10 OPEN CITY EMPLOYEE REPRESENTATIVE: 305-606-0999 Urban Planner themattbarnesCa)vahoo.com 252-2519 Real Estate boyntonrealty(a aol.com Broker/Owner 732-7128 Retired Educator sjaskiewicz@bellsouth.net 704-3868 Realtor, GR1 Killian7K2@bellsouth.net 736-3564 Architect smyott@jmwa. net 272-8616 Attorney ssrogerC� bel (south. net 739-9100 Wire MFG/Computer Tinytimm2@aol.com Programming 305-299-3025 Attorney leah.foertsch@gmail.com RUMPF, Mike - Planning & Zoning Director 10 Updated: 10/12/2010 S:\CC\WP\BOARDS\L1STS\2010 Board Lists\PLANNING & DEV. BD.doc � Page 1 of 1 Kahn, Stephanie From: Kahn, Stephanie Sent: Thursday, June 24, 2010 10:36 AM To: Jaskiewicz, Shirley; Myott, Steve; Saberson, Roger; Timm, Warren; Barnes, Matthew ; Byrne, Nancy; Copley, Judith; Foertsch, Leah; Grcevic, Sharon; Greene, Quintus; Holzman, Steven; Kelley, David; Killian, Candace ; Large, Tim; Livergood, Jeffrey; Orlove, Bill; Rodriguez, Jose; Scire, Ruth Subject: Minutes of Planning & Development Board Meeting of June 22, 2010 Attachments: Minutes 06-22-10.pdf ttached are the minutes referenced above. est regards, tephanie D. Kahn ecording Secretary 6/24/2010 Page 1 of 1 Cherry-Guberman, Catherine From: Cherry-Guberman, Catherine Sent: Thursday, June 03, 2010 3:09 PM To: Byrne, Nancy; Candace Killian; Copley, Judith; Greene, Quintus; Holzman, Steven; Kathy Walker; Kelley, David; Large, Tim; Livergood, Jeffrey; Matthew Barnes; Rodriguez, Jose; Roger Saberson; Sharon Grcevic; Shirley Jaskiewicz; Steve Myott; Swanson, Lynn; Tucker, Patricia; William Poznak Subject: May 25, 2010 Planning and Development Board Meeting Minutes Attachments: Minutes 05-25-10.pdf Greetings! The attached minutes are for your records. est, atherine Cherry ecording Secretary 010 The City of Boynton beach City Clerk's Office loo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6o6o FAX: (561) 742-6ogo e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org April 7, 2010 Ms. Sharon Grcevic 7043 Chesapeake Cir Boynton Beach, Florida 33436 Dear Ms. Grcevic: We are pleased to advise you that on Tuesday, April 6th, 2010, the City Commission er of the Planning and Development Board with your advanced you to a Regular Memb term ending in December 2010. Attached is a list of the current board members. We want to thank you for your willingness and desire to serve the City in this appointed capacity. Sincerely, Jose Rod Mayor JAP Attachment XC: City Commission Board Chairperson City Repres ntative Board File Appointment File S:\CC\WP\BOARDS\LETTERS\Move-Up Board Member.doc America's Gateway to the Gulfstream City of Boynton Beach City Clerk's Office ioo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6o6o FAX: (561) 742-6ogo e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org April 7, 2010 Jeff Lis 945 Isles Road. Boynton Beach, FL 33435 Dear Mr. Lis: The City Commission wishes to thank you for your valuable contribution and your time and efforts during your tenure as a member of the Planning and Development Board. It is greatly appreciated and acknowledged. On behalf of myself, the City Commission, and the citizenry of Boynton Beach, we thank you for serving our City in this capacity. Enclosed please find a "Form 1 F — Final Statement of Financial Interests — 2009". As noted on the form, you are required to file this form within 60 days of leaving public office. I have included a copy of the filing instructions. Please forward this completed form to: Susan Bucher Supervisor of Elections 240 South Military Trail West Palm Beach, FL 33415 If I can be of any additional service, please do not hesitate to contact me. Sincere Jose Rodrig Mayor dap XC: City Commission Board Chairperson City Representative Thank you folder Financial Dis�cfi sure File (Board) Y America's Gateway to the Gulfstream 7 REGULARS & 2 ALTERNATES Staggered Two-year Terms for Regular Members One- ear Terms for Alternate Members MEMBER Established per Ordinance No. 71-1 3 2010 PLANNING &DEVELOPMENT BOARD EXPIRES PHONE PROFESSION BARNES, Matthew 12/11 812 SW 1st Ct(33426) Appt'd 1/5/10 JASKIEWICZ, Shirley, Chair 12/10 1917 SW 13th Ave. (33426) Appt'd 12/16/08 KILLIAN, Candace 12/11 n 642 Riviera Dr (33435) Appt'd 1/5/10 LIS, Jeff 12/10 945 Isles Rd (33435) Appt'd 12/16/08 MYOTT, Steve 12/11 3012 Fernwood Dr(33435) Appt'd 1/5/10 SABERSON, Roger G., Vice Chair 12/10 2740 SW 23rd Cranbrook Dr (33436) Appt'd 12/16/08 TIMM, Warren 12/11 130 NE 26th Ave, # 301 (33435) Appt'd 01/05/10 ALTERNATES: GRCEVIC, Sharon 12/10 7043 Chesapeake Cir (33436) Appt'd 1/5/10 305-606-0999 Urban Planner themattbarnes@yahoo.com 732-7128 Retired Educator sjaskiewicz@bellsouth.net 704-3868 Realtor, GR1 Killian7K2@bellsouth.net 369-5813 jeffl@stiles.com 736-3564 smyottjmwa.net R.E. Development Architect 272-8616 Attorney ssrogerC�bel lsouth.net 739-9100 Wire MFG/Computer Tinytimm2@aol.com Programming 252-2519 Real Estate Broker boyntonrealty@aol.com FOERTSCH, Leah 12/10 305-299-3025 Attorney 1650 Stonehaven Dr. #5 (33436) Appt'd 1/19/10 lea h.foertschCdgmail.com CITY EMPLOYEE REPRESENTATIVE: RUMPF, Mike - Planning & Zoning Director 10 Updated: 3/23/2010 S:\CC\WP\B0ARDS\LISTS\2010 Board Lists\PLANNING & DEV. BD.doc Page 1 of 1 Cherry-Guberman, Catherine From: Cherry-Guberman, Catherine $ent: Tuesday, April 06, 2010 1:18 PM To: Byrne, Nancy; Candace Killian; Copley, Judith; Greene, Quintus; Holzman, Steven; Kathy Walker; Kelley, David; Large, Tim; Livergood, Jeffrey; Matthew Barnes; Rodriguez, Jose; Roger Saberson; Sharon Grcevic; Shirley Jaskiewicz; Steve Myott; Swanson, Lynn; Tucker, Patricia; William Poznak ubject: Resend P&D Minutes March 23, 2010 ttachments: Minutes 03-23-10.pdf reetings all! he attached is what I have had in my Planning and Development folder and the lanning and Development Official Records Book. Should it NOT be what you eceived, this is the official version that should be used. Apologies for any inconvenience. est, atherine Cherry Recording Secretary 10 ,�. Page 1 of 1 Cherry-Guberman, Catherine rom: Cherry-Guberman, Catherine ent: Tuesday, March 30, 2010 8:53 AM o: Byrne, Nancy; Candace Killian; Copley, Judith; Greene, Quintus; Kathy Walker; Kelley, David; Large, Tim; Livergood, Jeffrey; Matthew Barnes; Rodriguez, Jose; Roger Saberson; Sharon Grcevic; Shirley Jaskiewicz; Steve Myott; Swanson, Lynn; Tucker, Patricia; William Poznak Subject: Minutes of the March 23, 2010 Planning and Development Board ttachments: Minutes 03-23-10.pdf reetings! The attached minutes are for your records. est, atherine Cherry (Recording Secretary 0/2010 a Cherry-Guberman, Catherine Page 1 of 1 rom: Cherry-Guberman, Catherine ent: Monday, March 15, 2010 9:31 AM o: Bergman, Wayne; Byrne, Nancy; Candace Killian; Copley, Judith; Greene, Quintus; Jeff Lis; Kathy Walker; Kelley, David; Livergood, Jeffrey; Matthew Barnes; Rodriguez, Jose; Roger Saberson; Sharon Grcevic; Shirley Jaskiewicz; Steve Myott; Swanson, Lynn; Tucker, Patricia; William Poznak Subject: February 23, 2010 Planning and Development Board Meeting Attachments: Minutes 02-23-10.pdf Greetings! Apologies to all. The hard copies of these minutes were issued March 2, 2010. Here is the electronic version for your records. Best, Catherine Cherry Recording Secretary 3/15/2010 I 7 REGULARS & 2 ALTERNATES Staggered Two-year Terms for Regular Members One-year Terms for Alternate Members MEMBER Established per Ordinance No. 71-1 ,'�3 -- / 6 2010 PLANNING &DEVELOPMENT BOARD EXPIRES PHONE PROFESSION �i BARNES, Matthew 12/11 305-606-0999 Urban Planner ' 812 SW 1St Ct (33426) Appt'd 1/5/10 themattbarnes(&yahoo.com it JASKIEWICZ, Shirley, Chair 12/10 732-7128 Retired Educator 1917 SW 13th Ave. (33426) Appt'd 12/16/08 sjaskiewicz@bellsouth.net KILLIAN, Candace 12/11 704-3868 Realtor, GR1 642 Riviera Dr (33435) Appt'd 1/5/10 Killian7K2@bellsouth.net (� LIS, Jeff 12/10 369-5813 R.E. Development ��r 111 945 Isles Rd (33435) Appt'd 12/16/08 ieffl(a)stiles.com MYOTT, Steve 12/11 736-3564 Architect 3012 Fernwood Dr(33435) Appt'd 1/5/10 smyott@jmwa.net SABERSON, Roger G., Vice Chair 12/10 272-8616 Attorney 2740 SW 23rd Cranbrook Dr (33436) Appt'd 12/16/08 ssroger@bellsouth.net TIMM, Warren 12/11 739-9100 Wire MFG/Computer !j 130 NE 26th Ave, # 301 (33435) Appt'd 01/05/10 Tinytimm2(&aol.com Programming ALTERNATES: GRCEVIC, Sharon 12/10 1 ` 7043 Chesapeake Cir (33436) Appt'd 1/5/10 FOERTSCH, Leah 12/10 1650 Stonehaven Dr. #5 (33436) Appt'd 1/19/10 CITY EMPLOYEE REPRESENTATIVE Updated: 2/23/2010 252-2519 Real Estate Broker boyntonrealty@aol.com 305-299-3025 Attorney leah.foertsch@gmail.com RUMPF, Mike - Planning & Zoning Director S:\CC\WP\BOARDS\L1STS\2010 Board Lists\PLANNING & DEV. BD.doc SCANNED 10 MAR 01 2010 City clerk's Office The City of Boynton Beach January 12, 2010 City Clerk's Office loo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6ogo e-mail: prainitoj&i.boynton-beach.fl.us www.boynton-beach.org Mr. Matthew Barnes 812 SW 1St Court Boynton Beach, FL 33426 Dear Mr. Barnes: We are pleased to advise you that on Tuesday, January 5, 2010 the City Commission appointed you as a Regular Member of the Planning and Development Board with your term ending in December 2011. Attached is a list of current board members. We want to thank you for your willingness and desire to serve the City in this appointed capacity, and the Commission looks forward to assisting you in any way possible. Sincerely, Jerry yl May, - r � Attachment XC: City Commission City Representative Board Chairperson Board File Appointment File dap America's Gateway to the Gulfstream The City of Boynton ileach January 12, 2010 City Clerk's Office loo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6ogo e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Ms. Leah Foertsch 1050 Stonehaven Drive #5 Ioynton Beach, FL 33436 [ear Ms. Foertsch: We are pleased to advise you that on Tuesday, January 5, 2010, the City Commission appointed you to serve as an Alternate Member of the Planning & Development Board, with your term ending in December 2010. This Board meets on the fourth Tuesday of each month at 6:30 p.m. in the Commission Chambers. The next scheduled meeting is January 26, 2010. hank you for offering your services to the City of Boynton Beach as a member of our advisory board. o assist you as a new board member, enclosed is an information packet you may find useful. It ontains: 1. List of current board members; 2. Section of the Code outlining the board's duties and responsibilities; 3. Procedure for board alternates and attendance policy; 4. Minutes from the three previous board meetings; 5. Identification card; 6. Financial Disclosure Form #1, together with a Guide to the Sunshine Amendment and Code of Ethics." In accordance with Florida Statute 112.3145, this form must be filed within 30 days of this notification, and returned toSupervisor of Elections, Palm Beach County, 240 S. Military Trail, West Palm Beach, FL 33415 Your attendance is important at all upcoming board meetings. However, if you are unable to attend a eeting, please call the City Clerk's Office at 742-6060 prior to the meeting. This will enable verification f a quorum to be determined. When a board member has missed three meetings for any reason, that ember will be notified that one additional absence may cause the board membership to be terminated, nd a replacement to be appointed at the time of the next absence. want to thank you for your willingness and desire to serve the City in this appointed capacity. incerely, �rry ylot via yor v ttachments C: City Commission, Board Chairperson, ENTS\New member letter-P&D.doc City Representative, Board File, Appointment File America's Gateway to the Gulfstream The City of Boynton Beach January 12, 2010 City Clerk's Office loo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Ms. Sharon Grcevic 7043 Chesapeake Circle Boynton Beach, FL 33436 Dear Ms. Grcevic: We are pleased to advise you that on Tuesday, January 5, 2010 the City Commission appointed you as an Alternate Member of the Planning and Development Board with your term ending in December 2010. Attached is a list of current board members. We want to thank you for your willingness and desire to serve the City in this appointed capacity, and the Commission looks forward to assisting you in any way possible. Sincerely, erry,. aye Mayr Attachment XC: City Commission City Representative Board Chairperson Board File Appointment File jap America's Gateway to the Gulfstream The City of Boynton Beach January 12, 2010 City Clerk's Office loo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6ogo e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Ms. Candace N. Killian 642 Riviera Drive Boynton Beach, FL 33435 Dear Ms. Killian: We are pleased to advise you that on Tuesday, January 5, 2010 the City Commission appointed you as a Regular Member of the Planning and Development Board with your term ending in December 2011. Attached is a list of current board members. We want to thank you for your willingness and desire to serve the City in this appointed capacity, and the Commission looks forward to assisting you in any way possible. Sincerely, Jerry �y /lay r Attachment XC: City Commission City Representative Board Chairperson Board File Appointment File jap America's Gateway to the Gulfstream The City of Boynton Beach January 12, 2010 City Clerk's Office loo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6ogo e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Mr. Steve Myott 3012 Fernwood Drive Boynton Beach, FL 33435 Dear Mr. Myott: We are pleased to advise you that on Tuesday, January 5, 2010 the City Commission appointed you as a Regular Member of the Planning and Development Board with your term ending in December 2011. Attached is a list of current board members. We want to thank you for your willingness and desire to serve the City in this appointed capacity, and the Commission looks forward to assisting you in any way possible. Sincerely, Jly' r M Attachment XC: City Commission City Representative Board Chairperson Board File Appointment File jap America's Gateway to the Gulfstream The City of Boynton Beach January 12, 2010 City Clerk's Office loo E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6o6o FAX: (561) 742-6ogo e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org Mr. Warren Timm 130 NE 26th Avenue #301 Boynton Beach, Florida 33435 Dear Mr. Timm: We are pleased to advise you that on Tuesday, January 5th, 2010, the City Commission advanced you to a Regular Member of the Planning and Development Board with your term ending in December, 2011. Attached is a list of the current board members. We want to thank you for your willingness and desire to serve the City in this appointed capacity. Sincerely, Jerry Tz �'Mayol / JAP Attachment XC: City Commission Board Chairperson City Representative Board File Appointment File SACC\WP\BOARDS\LETTERS\Move-Up Board Member.doc America's Gateway to the Gulfstream R s, Page 1 of 1 Kahn, Stephanie From: Kahn, Stephanie Sent: Tuesday, February 02, 2010 2A6 PM To: Bergman, Wayne; Byrne, Nancy; Candace Killian; Copley, Judith; Foertsch, Leah; Greene, Quintus; Jeff Lis; Kelley, David; Large, Tim; Livergood, Jeffrey; Matthew Barnes; Rodriguez, Jose; Roger Saberson; Sharon Grcevic; Shirley Jaskiewicz; Steve Myott; Tucker, Patricia; Warren Timm Subject: Minutes of Planning & Development Board Meeting of January 26, 2010 Attachments: Minutes 01-26-10.pdf he above -referenced minutes are attached. best regards, tephanie D. Kahn ecording Secretary 010 W_j Kahn, Stephanie Fro Prainito, Janet Sent Thursday, January 21, 2010 4:45 PM To. Kahn, Stephanie Subject: FW: Sharon Grcevic Stephanie: Please put a copy of this e-mail in the P&D folder. Thanks. Fron : Tucker, Patricia Sent: Thursday, January 21, 2010 4:33 PM To: F rainito, Janet; Pyle, Judith Cc: Rumpf, Michael; Breese, Ed Subiect: Sharon Grcevic Kevin Hallahan delivered the packets to the P&D board members today for the January 26, 2010 board meeting. Sharon Grce is refused to take the packet so Kevin returned it to Planning and Zoning department.. (Pat 'cia,A. Fucker ,4dmfnistra tine Assistant Pla ing and Zoning 561-V42-6268