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Minutes 12-05-00 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECEMBER 5, 2000 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ronald Weiland, Vice Mayor Bruce Black, Commissioner Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: Call to Order- Mayor Gerald Broening Invocation - Reverend William Magill - St. Joseph's Episcopal Church Pledge of Allegiance to the Flag led by Mayor Gerald Broening Mayor Broening called the meeting to order at 6:31 p.m. Reverend William Magill of St. Joseph's Episcopal Church gave the Invocation. Mayor Broening led the Pledge.of Allegiance to the Flag. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE IT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED. · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Vice Chair Weiland requested that the appointment of a Commissioner for District III, which is Item X.A on the Agenda, be moved up to be heard immediately following Presentations (Item IV.B.2) 2. Adoption Commissioner Black moved to approve the agenda, as amended. Motion seconded by Vice Mayor Weiland and unanimously carried. Meeting Minutes Regular City Commission Boynton Beach, Florida December S, 2000 PUBLTC AUDTENCE: TNDZVZDUAL SPEAKERS WTLL BE LI'MZTED TO 3-MI'NUTE PRESENTATTONS Deborah Barnes, 3582 Silverlace Lane, Boynton Beach proposed that the City of Boynton Beach create a dog park as a recreational resource. She noted that currently residents have to go outside the City to utilize a park for exercising their dogs. Ms. Barnes presented a petition with 1,736 resident signatures supporting a dog park to the Clerk, which is attached to the original minutes. Neal Humphries, 637 NE 6th Court, Boynton Beach representing the Golf Condo Association of Harbor Hall said they have had a drainage problem for years and have been paying a $1.00 nominal fee for storm sewers, which they do not have. In August their storm sewer fee went up to $96 per month, but they still have drainage problems with no storm sewers. Mr. Humphries would like to know what the City has planned for this area and if they $1.00 fee could be reinstituted. Mayor Broening informed Mr. Humphries that a member of staff would speak with him at the conclusion of the meeting. David Katz, 742 NW 11th Street, Boynton Beach said he was pleased to see an independent CRA in the City. As a resident of the City, Mr. Katz has concerns that a new person being added to the CRA is employed by Delray Beach. Mr. Katz urged the Commission not to appoint the additional person to the CRA who works for the City of Delray Beach and noted that there are more qualified people available. Steven Bell, 133 S. 11th Street, Lantana stated he did habitat restoration in the County and was present tonight to speak about green spaces and would like the destruction of the green spaces stopped. Mr. Bell pointed out the destruction of the scrub area that is taking place, which cannot be replaced. There is less than 2% of habitat left in the County and he would like these natural areas to be preserved. Mayor Broening closed the public audience III. ADMINISTRATIVE: Accept resignation of Richard Philpott, Regular member of the Employees' Pension Board Motion Commissioner Black moved to accept the resignation of Richard Philpott, which was seconded by Vice Mayor Weiland and unanimously carried. Mayor Broening informed the audience that he is a member of this Board and that the Board is looking for someone who has financial experience to fill the vacancy. Mayor Broening invited anyone who would be interested to please contact the City. 2 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 B. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date ]:v Fisher Advisory Bd. On Children & Youth Alt I yr term to 4/01 Tabled (2) Mayor Broening Advisory Bd. On Children & Youth Stu/Reg/Non-Voting i yr term to 4/01 Tabled (2) I]: Black Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/01 ]: Weiland Education Advisory Board Alt Mayor Broening Employees' Pension Board Reg 1 yr term to 4/01 Tabled (3) 3 yr term to 4/01 Mayor Broening Nuisance Abatement Board Reg 2 yr term to 4/02 ]: Weiland Nuisance Abatement Board Alt I yr term to 4/01 [I Weiland Planning & Development Board Alt I yr term to 4/01 Tabled (3) Mayor Broening Recreation & Parks Board Alt i yr term to 4/01 Tabled (3) Vice Mayor Weiland appointed Juanita Summers to the Planning and Development Board as an Alternate member. Vice Mayor Weiland appointed Rosalind Murray to the Education Advisory Board as a Regular Member. All other appointments were tabled. Motion Commissioner Black moved to approve the appointments, which was seconded by Commissioner Fisher and unanimously carried. IV. ANNOUNCEMENTS & PRESENTATIONS: Mayor Broening made the following announcements: A. Announcements: TNT Concert - Friday, December 8, 2000 from 6:00 p.m. to 9:00 p.m. at Oceanfront Park - Holiday Tunes December 19, 2000 City Commission Meeting will be held at Galaxy Elementary School at 6:30 p.m. Boynton Beach Police Department "Annual Christmas Toy Giveaway" - December 23, 2000 at 11:00 a.m. at Hester Center 3 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 Mayor Broening invited Chief Marshall Gage to take the podium. Chief Gage stated that every year the Police Department receives a number of requests from charitable organizations for bicycles and gifts for underprivileged children, who would not otherwise receive anything during the Holidays. Chief Gage urged anyone who knew of any children that were in need to please contact the Special Services Unit at the Police Department (742-6150). B. Presentations: 1. Proclamations: a. "Bill of Rights Day"- December 15, 2000 Mayor Broening read a Proclamation declaring December 15, 2000 as the "Bill of Rights Day". Orientation PowerPoint Presentation Library/Museum- Virginia Farace - Library Director Ms. Virginia Farace, Library Director, presented a PowerPoint presentation on the Library and Schoolhouse Children's Museum, a complete copy of which is attached to the original minutes. Ms. Farace pointed out that the Leadership Team includes Virginia Farace, Director; A.D. Henehan, Assistant Director; Arleen Dennison; Leader Special Services; Joyce Waters, Leader Public Services; and Ellen Mancuso, Leader Support Services. The mission of the Library is to be a foundation and inspiration for their teams to deliver a world class Museum and Library. Ms. Farace gave an overview of the programs, activities, and resources that were available at the Library and the Museum. Current projects include renovation and enhancement. The Friends of the Library have been very successful in this area. Youth programs are offered and there are 26 computers with internet access and word processing and an eight-station computer lab for training. Currently, staff is working on the exhibits for the 1913 Schoolhouse so that it can be opened as a Children's History Museum. Ms. Farace also pointed out the various COoperative Ventures that the Library is involved in. She next gave a brief overview on how the Children's Museum came to fruition by becoming a destination location to bring people into the downtown area. An outdoor seating area is being added with restrooms. The master plan for the exhibits has been completed and with the success of the $1 million County Bond Referendum the Museum has been able to move forward in building the exhibits, which are now under construction. The Museum opening is anticipated for the Spring. Ms. Farace concluded her presentation. Item X. A. (Moved up on the Agenda) 4 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 A. Review Applications/Qualifications for Possible Appointment of District III Commission Seat Attorney Cherof pointed out that under the City Charter the Commission is allowed two consecutive Commission Meetings to fill the seat vacated by Commissioner Sherman when he tendered his resignation. If the Commission cannot fill the balance of Commissioner Sherman's term within that time, a special election would have to be held. The requirements are that the individual must be qualified and reside in the District. Commissioner Black would like to move forward on this tonight by having a nomination made and seconded, which could be done by a roll call vote. Mayor Broening felt before the roll call, there should be some discussion. Mayor Broening announced that three persons have applied - Shirley Jaskiewicz, former Vice Mayor; Mike Ferguson, who unsuccessfully ran against Commissioner Sherman; and Welton Sanders, who has not held any office. Motion Vice Mayor Weiland moved to appoint Mike Ferguson as the next member of the City Commission for District III with follow up discussion. Motion seconded by Commissioner Black. Commissioner Fisher said that all three applicants would be fully qualified and he had no questions. Vice Mayor Weiland said the purpose of term limits was to give other individuals an opportunity to serve the City and noted this is not a full-time job. Vice Mayor Weiland complimented former Vice Mayor Jaskiewicz for doing a great job in the four years that she did serve the City. Further, he pointed out that Mr. Ferguson expressed an interest in running for election in March and felt he would be the best person at this time to fill the vacancy. Also, Mr. Ferguson has a great deal of knowledge about the City. Commissioner Black said whoever gets appointed tonight, he looks forward to working with them and hopes that there will be no hard feelings from the two who were not appointed. Commissioner Black thanked all the applicants for applying. Mayor Broening also thanked all three applicants and noted that the position is more than part time. Mayor Broening requested that the City Clerk call the roll. City Clerk Sue Kruse polled the vote. The vote was 4-0 to appoint Mr. Ferguson. City Clerk Sue Kruse administered the Oath of Office and the Oath of Loyalty to Mr. Ferguson. All the Commissioners congratulated Mr. Ferguson on his appointment. 5 Meeting Minutes Regular City Commission Boynton Beach~ Florida December 5, 2000 CONSENT AGENDA: A. Minutes: Special City Commission Meeting of November 8, 2000 Regular City Commission Meeting of November 8, 2000 Agenda Preview Conference of November 16, 2000 Bids - Recommend Approval - All expenditures are approved in the 2000- 2001 Adopted Budget Award the "CO-OP ROAD CONSTRUCTION MATERIALS", BID #017-1411-01/KR, to three vendors as outlined in the back-up material, for an estimated expenditure of $76,011 Award "RFQ FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY FIRE RESCUE/EMTS, PARAMEDICS AND LIFEGUARDS", RFQ #007- 2210-01/KR, to Dr. Kenneth A. Scheppke of Jupiter, Florida, in the amount of $21,000 (PROPOSED RESOLUTION NO. R00-169) Award the "PURCHASE OF TWO BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLES" BID #006-2516-01/KR, to Atlantic Truck Center in the amount of $105,912 Award the RFP for "ENTERTAINMENT COORDINATOR FOR THE 2001 GREAT AMERICAN LOVE AFFAIR", RFP#005-2710-01/CJD to Big Beat Production, Inc. of Coral Springs, Florida for an expenditure of $15,000 (PROPOSED RESOLUTION NO. R00-170) Approve the "PURCHASE OF NEW/REPLACEMENT LAW ENFORCEMENT PURSUIT VEHICLES""in the amount of $458,372 from Duval Ford utilizing State of Florida Contract #070-001-99-1 Approve the piggyback of Palm Beach County BID #99186NMG to Odums Sod, Inc. in the amount of $13,770 for sod for Pence Park Ballfield C. Resolutions: Proposed Resolution No. R00-171 Re: Reaffirming the appointment of Kurt Bressner as City Manager of the City of Boynton Beach and authorizing and directing the Mayor and City Clerk to execute an amendment to the employment agreement on behalf of the City with Kurt Bressner 6 Meeting Minutes Regular City Commission Boynton Beach, Florida December S, 2000 Proposed Resolution No. R00-172 Re: Approving the revised Recreation & Park Department Revenue Policy Manual & Fee Schedule D. Ratification of Planning & Development Board Action: Boynton Shoppes (Side Yard Setback) - Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30' setback to allow a 17.5' variance or a minimum 12.5' side yard setback within the Boynton Shoppes PCD Grotto Bay @ Bermuda Place - Request for Technical Site Plan approval for 15.16 acre pod in the Quantum Park PID. The mixed- use pod will contain 272 multi-family residential rental units and require code waivers pursuant to Ordinance 00-52 Boynton Shoppes - Request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD Boynton Landings - Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan Approve Task Order #1 with Hartman & Associates for the preparation of design/build documents for the installation of a new 12" water main to complete a loop on Hypoluxo Road from Overlook Road to Seacrest Boulevard and replace existing small rear easement water mains in the San Castle area east of 1-95 in the amount of $43,650. These documents will be used to obtain competitive bid/design proposals. Approve the expenditure of $23,090 for the purchase of two Trimble ProXR GPS units from GPSServe, Inc. The Trimble ProXR GPS units are on SFWMD Bid #RFB 00-044. Motion Commissioner Black moved to approve the Consent Agenda. Motion seconded by Vice Mayor Weiland and unanimously carried. VI. CITY MANAGER'S REPORT: Recommendation of Selection of Planning Consultant for Federal Highway Zoning in Progress Study - Award RFP #012-2410-01/CJD to Michelle 7 Meeting Minutes Regular CJ~'y Commission Boynton Beach, Florida December 5, 2000 Mellgren & Associates for the "FEDERAL HIGHWAY CORRIDOR PLAN" in the amount of $25,000 (PROPOSED RESOLUTION NO. R00-17'3) Mr. Greene stated that staff received and reviewed proposals from four firms and after careful review, staff determined that the proposal submitted by Michelle Mellgren & Associates was the best proposal and is the proposal being recommended by staff. Mr. Bressner inquired about the length of time of the study and Mr. Greene replied it would take 150 days from receipt of notice to proceed. Motion Commissioner Black moved to approve R00-173. Motion seconded by Commissioner Fisher and unanimously carried. B. Report on CRA Appointment Process Mr. Bressner requested Mayor Broening address this issue. Mayor Broening announced that the CRA met at a special meeting prior to this meeting and reviewed the candidates that applied for membership. Mayor Broening noted the importance of the CRA becoming independent of the Commission. The CRA tonight agreed to accept the five nominees recommended by staff. Vice Mayor Weiland responded to the comment made during public audience regarding one of the nominees who is employed by the City of Delray Beach. Vice Mayor Weiland pointed out that all nominees either reside or have a business within the City and this particular nominee does reside in the City and should have an opportunity to serve on a Board. Mayor Broening announced the appointees, their qualifications and their terms of appointment: · Larry Finkelstein was appointed to a four year term; · Jeanne Heavilin was appointed to a four year term; · Henderson Tillman was appointed to a four year term; · Don Fenton was appointed to a one year term; and · Michelle Hoyland was appointed to a three year term. Motion Vice Mayor Weiland moved to approve staff's recommendations of the above five persons to the CRA. Motion seconded by Commissioner Fisher. Commissioner Black noted that all nominees were present tonight except Mr. Tillman. Commissioner Black pointed out that this a very important position and all nominees should be' present, unless there was a specific reason. Commissioner Black said he cannot agree to appoint Mr. Tillman because he is not present tonight, which to Commissioner Black shows a lack of interest and commitment. Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 Mayor Broening asked Mr. Greene to comment and Mr. Greene replied that all candidates were notified that the decision would be made at tonight's meeting. City Manager Bressner replied that there may be a reason for Mr. Tillman's absence that the Commission is unaware of and felt Mr. Tillman should be afforded the benefit of the doubt. Vice Mayor Weiland said he spoke with Mr. Tillman at 4:00 p.m. this afternoon because he had an alternate appointment on the Planning & Development Board and his resume was also included for appointment to the P&D Board, as well as being on the short list for the CRA Board. Vice Mayor Weiland wanted to determine if Mr. Tillman had a preference. Mr. Tillman informed him that his preference was the CRA Board. Vice Mayor Weiland informed Mr. Tillman that the meeting would be taking place tonight at 5:30 p.m. and Mr. Tillman did not state whether or not he would be present tonight. Vice Mayor Weiland agreed that all the nominees must make a commitment. However, he pointed out that there was nothing in the backup material indicating that a candidate needed to be present tonight. Commissioner Fisher noted that there could be many reasons why Mr. Tillman was not present tonight, but felt it was important that he be here. Commissioner Fisher suggested tabling the item until Mr. Tillman showed up. Vice Mayor Weiland said there was no point in tabling the issue because the Commission was not interviewing any of these individuals. The Commission was approving the CRA appointments. Discussion ensued on whether or not the issue should be postponed to afford Mr. Tillman an opportunity to be present. Mayor Broening noted that the selection process has been complied with and completed and did not feel Mr. Tillman's absence was of any significance. Further, Mayor Broening pointed out that when Mr. Tillman served as Vice Mayor he did not miss any meetings and feels his commitment is there just by going by his previous record. Mayor Broening called for a vote on the motion on the floor. Motion carried 4-0. Mayor Broening also noted that the Commission has been given the task of appointing a Chair and Vice Chair. Vice Mayor Weiland would like to appoint Mr. Larry Finkelstein as Chairman of the CRA. Vice Mayor Weiland noted Mr. Finkelstein's extensive knowledge and background of the CRA area and his dedication to the City. Mayor Broening also pointed out that Mr. Finkelstein participated in the second phase of the Visions 20/20 process. Mayor Broening felt that Ms. Heavilin's dedication to the City is along the same lines as Mr. Finkelstein and she is an excellent organizer. 9 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 Motion Commissioner Black moved to appoint Larry Finkelstein Chairman of the CRA. Motion seconded by Commissioner Fisher. Commissioner Black moved to amend his motion to include that Jeanne Heavilin be- appointed Vice Chair of the CRA. Commissioner Fisher seconded the amended motion. Motion carried 4-0. Report and Recommendation for License Agreement with FEC Railroad Ocean Avenue Promenade Project Mr. Bressner pointed out that this is a staff recommendation in order to complete the railroad crossing, otherwise there would be a gap in the finished pavement. The City has spoken with the railroad and they have modified the terms of the earlier license agreement, which is more acceptable to the City. The City is recommending moving forward with this item. Motion Commissioner Black moved to approve. Motion seconded by Commissioner Fisher and carried 3-0 (Vice Mayor Weiland had left the dais). VII. PUBLIC HEARING:7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS Project: Agent: Owner: Location: Description: Grotto Bay at Bermuda Place (Easement) (APPLICANT REQUESTED POSTPONEMENT TO DECEMBER 19, 2000 MEETING) Joni Brickman, AICP, of Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard Request for 20' utility easement abandonment between Lots 60 and 61 in the Quantum Park PID City Manager Bressner read a fax that the City received requesting a postponement of the above item to the December 19, 2000 City Commission Meeting. Motion Commissioner Black moved to table the item, which was seconded by Commissioner Fisher and unanimously carried. 10 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 Attorney Cherof pointed out that on the Consent Agenda, under ratification of the Planning & Development Board action, part of this item is included in the request to table. Therefore, the Commission must reverse the approval of that item, which is Item D.2. Motion Commissioner Black moved to reconsider Item D.2, which was seconded by Vice Mayor Weiland and unanimously carried. Motion Vice Mayor Weiland moved to table Item D.2, which was seconded by Commissioner Black and unanimously carried. Project: Agent: Owner: Location: Description: Boynton Shoppes PCD (Heise PCD) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan Modification to allow for the construction of an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD Attorney Cherof announced that this item would be conducted as a Public Hearing and anyone who intends to testify must be sworn in. Attorney Cherof administered the oath to all those who would be testifying. Attorney Cherof asked the applicant to comment on the conditions of approval that are included in the agenda packet. Mr. Robert E. Basehart, agent for the project, took the podium and stated he agreed with all staff comments. There was no one in the audience that wished to speak on the item. Motion Commissioner Black moved to approve, which was seconded by Commissioner Fisher and carried 4-0. Project: Agent: Applicant: Location: Description: Woolbright Place PUD Kilday & Associates, Inc. Wood Partners West side of SW 8th Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for 11 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 construction of multi-family dwellings on 14.18 acres at a density of 10.8 DUNC Attorney Cherof announced that this item would also be conducted as a Public Hearing and administered the oath to all those who. would be testifying. Kieran Kilday, representing the petitioner took the podium and said he was prepared to give a short presentation and distributed a packet to the Commissioners to refer to. Mayor Broening requested that he proceed. Mr. Kilday stated that this is the second phase of an approval process that appeared before the Commission six months ago. The property in question is a 14-acre site on 8th Street, immediately across from Home Depot, which was originally part of the Woolbright Place PUD. The First Baptist Church owns the property and had intended to use the property as a future location of the Church and part of the PUD. The Church placed the property up for sale when it was decided not to relocate there. In order to sell the property, the Church requested that the property be removed from the PUD and was created as its own separate PCD to allow for a mixed use ACLF. However, this deal fell through and the property has been sitting vacant for over a year. The Church reached an agreement with Wood Partners to build a multi-family project on the site. In order to accomplish this, the property must be recombined with the PUD and the property needs high-density land use amendment approval, which would be combined with the high density of the remainder of the PUD. That was voted upon six months ago. The high density land use was approved and transmitted to the State and the State has completed its review. The overall PUD allows for 10.8 units per acre. There are 80 acres in the overall PUD and the current unit count is 648 units. With a density at 10.8 dwelling units per acre on 80 acres this would allow for 860 units. Therefore 220 additional units could be allowed on the PUD. Wood Partners intends to build 216 units. However, the net density of this particular project would be 15.3 units per acre. The Vinings across the street has a net density of 16.2 dwellings units per acre. Wood Partners intends to build a quality project and in order to do so they must have a certain amount of units to provide recreational amenities, such as pools, clubhouses, etc. in order to remain a high quality project. The project is located in a commercial area with multi-family to the east and northeast. All the current uses are more intense than what is being proposed. Leisureville, which is to the west and northwest, has a land use of 7.2 units per acre. Most of Leisureville has less density, while the apartment areas of Leisureville have a much higher density. There is a significant canal separating the project from Leisureville. Additionally, there is an FPL easement on the west side of the property, which requires a further setback for the properties to be built. The existing homes of Leisureville on the northwest corner abut the project. Mr. Kilday said that they have met with residents of this section and have offered to continue to meet with these residents. Although the issues raised were site plan issues, Mr. Kilday 12 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 said he would put them on the record in order that they are incorporated into any site plan recommendations. The primary issues are drainage and traffic. It is the intent of the applicant to extend the 4' berm on the property all around the property to prevent the flooding that occurred during Hurricane Irene. Mr. Kilday pointed out that the current proposal will generate less traffic than the approved ACLF. The trips per day would go down by approximately 300. Residents were also concerned about the views and that the privacy of the Leisureville residents be protected. Therefore, it is planned that on top of the 4' berm a hedge would be installed and within the hedge, for security reasons, a vinyl coated 6" chain link fence will be added to prevent people from crossing the property. Trees will be planted throughout the area, with a minimum height of 14' at time of planting. Vice Mayor Weiland noted that it might not be possible to install a 4' berm. Mr. Bressner said that when the analysis is performed the applicant will have to look at the flood maps that have been recently issued by FEMA and he was not certain if this was a regulated flood area. Mr. Kilday stated that their engineer is familiar with those provisions. Vice Mayor Weila.nd suggested if the berm cannot be provided that taller trees should be planted. Mayor Broening pointed out that tonight's issue is a zoning issue, whether it conforms to the Comprehensive Plan and does it provide the entire City with the best mix of commercial versus residential. He requested that this be the only item addressed. Commissioner Fisher asked if the owner of the property in front of Home Depot planned on giving up their rights to future possible residential on that site? Attorney Cherof stated that this has been partially addressed and should be a condition of approval. Attorney Cherof stated that Gables Residential that represents the majority of the owners in the PUD did consent to the First Baptist Church to allow the sharing of density and to surrendering additional density rights. They also consented in a letter to the inclusion of the property into the PUD. Attorney Cherof said that the applicant needs to provide a more detailed letter directed towards the City as one of the conditions of approval. Attorney Cherof stated that the letter dated September 21, 2000 from C. Jordan Clark, Sr., Senior Vice President and Chief Investment Officer of Gables Residential be made part of the record. Commissioner Fisher inquired who Gables Residential represents and Attorney Cherof stated they represent the two apartment rental communities that comprise the Woolbright Place PUD, which is basically the residential already built. Further, Attorney Cherof stated he has been in contact with Mr. Michael Morton, who owns property in front of the EXPO and he indicated that he had no objection to the project, nor does he claim that he has any reserve density. Mr. Kilday said that they did not include that property in the basis of their density calculations. 13 Meeting Minutes Regular City Commission Boynton Beach~ Florida December 5, 2000 Commissioner Black asked Mr. Kilday if he was involved in the Tradewinds when it became a legal issue and Mr. Kilday stated he was the land planner involved. Commissioner Black recalled that a condition of the settlement of the lawsuit was that the City gave special dispensation for the density of those apartments to be at 16 as a result of the lawsuit. Mr. Kilday did not feel there was special dispensation, but the lawsuit did specify certain units that could be built and that would be consistent with the Comprehensive Plan at that time. Mr. Kilday further understood that the area was platted for single family lots and it went from single family to multi-family as part of the settlement. Mayor Broening noted that there was large amount of residents who requested to speak during the Public Hearing portion. Mayor Broening suggested that there be a lead speaker for each group. Mr. Lee Wische would speak for Leisureville and Reverend Edwards would speak for the Church. Each lead speaker would be allowed 10 minutes. There were 30 cards submitted and those persons would be limited to 2 minutes each. Mayor Broening also requested that if a subject has already been addressed that it not be duplicated. Mayor Broening asked the remainder of the Commission if they were agreeable to this arrangement, which is a deviation from the rules. Motion Commissioner Fisher moved to amend the Public Hearing portion to permit 10 minutes for each side and 2 minutes for the individual speakers. Motion seconded by Vice Mayor Weiland and unanimously carried. Lee Wische, 1302 SW 18th Street, Boynton Beach said he was present tonight as a citizen and resident of Leisureville. He said that he was recently elected to the Leisureville Board of Directors to act as liaison between Leisureville, the City and the County. Mr. Wische requested a denial of the project for the following reasons: According to the Planning Department the criteria used to review Comprehensive Plan Amendments and Rezoning are contained in Article II, Section 9, Administrative and Enforcement, Item C. Comprehensive Plan Amendments. Mr. Wische cited the four criteria for rezoning as follows: 1. The request should be denied if the proposed rezoning would constitute a grant of special privilege to an individual property owner. Mr. Wische claims that the request does constitute a grant of special privilege to the owner and the applicant's request should be denied. 2. The request should be denied if the proposed rezoning would affect the property values of adjacent or nearby properties. Mr. Wische stated that the requested zoning would allow for a 45' building and the applicant stated he would be building a 40' building. Mr. Wische claims this will affect property values to the west and northwest if the rezoning is approved. 3. The request should be denied if the property is physically and economically developable under existing zoning. Mr. Wische said he has spoken to 14 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 developers who are ready to build if this project falls through which would be office/professional, medical building or more family homes. Mr. Wische said the only reason the property is not economically feasible to develop is because the price is too high for the current density. Mr. Wische claims that this would grant a special privilege to the owner and is contrary to the City regulations and would constitute grounds for other applicants to request similar rezoning and potentially open the doors for litigation in cases where higher density rezoning was not approved. The request should be denied if the proposed rezoning is of a scale, which is reasonably related to the needs of the neighborhood and the City as a whole. There was a memorandum from the Development Department that states that the request could offer a more appropriate transition from the adjacent single family homes on the north to the commercial uses on the south. Mr. Wische stated that combining PUDs with a density of 10.8 units per acre is not a reasonable transition. Mr. Wische noted that Tradewinds had sued the City for $12 million and Mr. Wische was a Commissioner at the time of the suit. The judgment was reduced to $8 million, which was accomplished by giving the plaintiff certain enhancements, such as more commercial and granting the Vinings higher density for one time only. This was not to be met as a criterion for future development. With regard to issues related to the community, the current zoning appears to be 7.26 units per acre in accordance with Ordinance 098-24 which was adopted on July 21, 1998. That Ordinance stated that the rezoning would revert back to 7.26 if the building permit or land development was not obtained within 18 months, which in fact happened. By rezoning the property, the applicant would be allowed to build a four-story, 45' high building. Mr. Wische stated it is unreasonable to expect persons in Leisureville living in single family homes to look out at a 45' building. Mr. Wische further noted that by recombining the property with the Woolbright PUD this would permit 16.17 units per acre or 216 units. Mr. Wische said this was not in the original plan for the neighborhood. Mr. Wische noted that in the Stipulation and Settlement Agreement dated November 6, 1986 concurred to the parties and ordered by the Judge in accordance with Paragraph 18.A.5, it was agreed that the multi-family housing be substantially separated from the single family homes in Leisureville and Lake Boynton Estates. This separation was based on not having multi-family density zoning on the property for which the applicant is now requesting and the request should be denied in accordance with the Court Order. Reverend David Edwards, Senior Pastor of the First Baptist Church of Boynton Beach, 1360 SW 27th Place, Boynton Beach said that his Church has many members who live in Leisureville. Rev. Edwards stated he came to the Church three and one-half years ago because the Church wanted to remain a downtown Church and did not want to leave downtown. Rev. Edwards said that Wood Partners would be building a quality 15 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 apartment complex that would enhance and benefit the Church as the seller, while considering the residents and what is already in the area and would benefit the City. Further, Rev. Edwards stated that the decision that the Commission makes will determine whether or not the First Baptist Church can remain a spiritual identity in the City. The Church celebrated its 75th anniversary and the Church has certainly been a benefit to the City. Rev. Edwards said he was not familiar with the legalities brought up by Mr. Wische, and deferred the remainder of his time to Mr. Kilday to address the issues that Mr. Wische brought up. Mayor Broening stated that any retort would have to be limited to rezoning issues, to which Mr. Kilday agreed. Mr. James St. Pierre, 700 SW 8th Place, Boynton Beach would like to separate the two projects and said that the sale of the property by the Church is not relevant to the zoning project. Mr. St. Pierre said that the rezoning has no bearing on what the Church wants to do downtown. Ms. Amy St. Pierre allotted her time to Mr. Wische. Mr. Wische approached the podium and stated that no matter what happens tonight, Mr. Kilday was hired by Wood Partners to help them and is one of the finest people in his field and respects him. The following persons passed on speaking: Hazel Wayman, Cecilia M. Horgan, Keith Baker, James Atkins, Robed Linnon, and Eileen Linnon. Ms. Virginia Brookins, 2388 SW 8th Avenue, Boynton Beach, a resident of Leisureville stated she was in favor of the rezoning of the project. Ms. Shirley Lapere, 704 SW 8th Place, Boynton Beach does not want to look at a 45' wall. Michael Lukaszewski, Jr., 8606 Indian River Run is the Minister of Youth and Education at the First Baptist Church. Rev. Lukaszewski said he would like to address the four comments brought up by Mr. Wische and said that by applying Mr. Wische's logic, any request to rezone should be denied because it is a special request made by an individual. How else could a request for rezoning ever be made if an individual cannot make a request. Further, Rev. Lukaszewski disputed that the rezoning would make the value of the Leisureville homes go down and said there have been no studies to prove that. It is possible that the addition of the upscale apartments would increase the value of the property. Rev. Lukaszewski said that he did not feel that anyone should decide for the Church on who they should sell the land to. Lastly, he did not see how a multi-family use would not serve as a transition use and felt the project would be a very good transitional use. Rev. Lukaszewski said he did not want to see any lawsuits stem from this property and said there needs to be closure on this. 16 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 Robert Baker, 4762 Palo Verde Drive, Boynton Beach urged the Commission to approve the rezoning and support the Church. Mr. Baker felt that the planned use of the property is compatible with the surrounding property. Ms. Ann Lemos, 6760 Eastview Drive, Lantana said she is a member of the First Baptist Church and said that it is not always possible to sell your property to someone that the neighbors approve of. She further noted that the Church owns the property and has tried hard to find a buyer and work with Leisureville. Ms. Lemos felt that the project was an attractive project and will help the tax base in the City. Ms. Dorothy Baker, 1909 SW 13th Terrace, Boynton Beach is in favor of the rezoning and is not a member of the Church. Ms. Baker feels that the Church has the right to sell their property and that the Commission should rezone the property. Mayor Broening closed the public hearing. Commissioner Fisher pointed out that because the seller is a Church should not be a factor and noted this is a business issue to be looked at as such by the Commission. Commissioner Fisher also felt that the project was attractive. Commissioner Fisher asked City Attorney Cherof to address the special permission issue that had been presented tonight and would the granting of the rezoning be a violation of a court order?. Attorney Cherof said he could not answer this because the Court Order dates from 1978 and he has not reviewed it since the documents are in storage. Attorney Cherof did recall that as part of the settlement there were a number of elements related to both use and density. Attorney Cherof further stated that he could not recall anything in particular pertaining to this particular parcel. However, Attorney Cherof thought Mr. Wische's comments regarding the buffer issue between single-family residential and multi-family residential units were correct. Attorney Cherof also confirmed that the Vinings received the increased units by court order. Commissioner Fisher asked if anyone contacted the owner of the remaining commercial parcels to determine if they would agree not to build anymore residential on their land? Attorney Cherof was unaware of this. Mr. Rumpf said both projects have approved master plans, which are vested. There are one or two parcels remaining that would not be affected by the amendment before the Commission. Attorney Cherof said based upon his conversation with Mr. Morton today to confirm his intent with respect to the undeveloped parcel (to the west of Expo), he intends to use this property for commercial use, not residential. Vice Mayor Weiland noted that Mr. Wische came well prepared and raised some concern on the legality of the rezoning of the property and asked staff to address Mr. Wische's comments. Mr. Rumpf replied that there are several criteria used to review 17 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 rezoning and plat amendments and first and foremost would be reviewing against the Comprehensive Plan. With regard to Mr. Wische's allegation of "special privilege", Mr. Rumpf read the entire criteria to which this pertains and which is contained in the staff report. Mr. Rumpf pointed out that the project is adjoining an existing high-density residential project, as well as a high intensity commercial project. With regard to the statement "would constitute a grant of special privilege to an individual property owner as contrasted to the protection of public welfare", Mr. Rumpf stated that the criteria alone is multi- faceted, but they are all related. This gives staff ample opportunity to review an item to determine that it is really legitimate. Mr. Rumpf also stated these are old criteria, although they are still valid, but should be looked at in different perspectives. Mr. Rumpf restated that as far as granting a "special privilege" this would not stand up. In Mr. RumpCs opinion, it would be something that would be unique and would be allowing something that is denied in another area within the City by making a special exception. Commissioner Black stated he realized that the Church needed to sell the property in order to improve its current site and the number of units coincided with the amount of money the Church needed for its renovations. Also, Commissioner Black pointed out with regard to the residents of Leisureville, the project would only affect the houses that border the project. Commissioner Black noted that this is a difficult consideration and that all parties need to be kept in mind in making a decision. Mayor Broening said that the issue is appropriate zoning and noted the tremendous growth that is taking place in the entire State, which is projected to continue through 2020. It is anticipated that the population of Palm Beach County will reach 2 million and people have to live somewhere. Mayor Broening said that in order to accommodate the people, there is the necessity for increased density, which is a fact of life. There is a megalopolis being created from West Palm Beach to Vero Beach, as well as along the southern coast. Urban planners are faced with the problem on how to best address this growth. Boynton Beach is no longer just a retirement community and many, many young professionals with families are moving in and the City needs places for them to live. Mr. Kilday indicated that staff prepared a detailed analysis using planning principles and are professionals. Staff made a recommendation for approval of the project, not based upon any economic factors, but based upon land use decisions. Also, Mr. Kilday presented for the record a copy of the City's land use map, which designates the high density areas within the City. As far as the project being a special privilege, in Leisureville north, there are four areas, which have high-density land use designations. With regard to the comment of a 45' wall going up, this is a site issue, which the applicant will deal with. With regard to the value of the property, Mr. Kilday acknowledged that the property is part of the settlement, which created both Woolbright Place PCD and Woolbright Place PUD. However, that was a great many years ago and today there is a piece of property 18 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 sitting vacant with all this development around it. Staff when looking at the property considered its most usefulness today, which most developers would consider to be commercial. The proposed high-end residential Further, Mr. Kilday stated he was convinced Leisureville abutters was successful and that plan can be designed that would be acceptable project would be a great alternative use. from his meeting this morning with the progress is being made and that a site to them. Mayor Broening said he would ask for a motion that would be contingent upon resolving any legal issues that may have been raised tonight. Motion Commissioner Fisher moved to table the item in order to afford Attorney Cherof the opportunity to research the questions that have arisen. Motion died for lack of second. Vice Mayor Weiland asked Attorney Cherof when he could have the answers to the questions and Attorney Cherof stated he would know by the next Commission meeting. Commissioner Black inquired if a motion could be made with the stipulations suggested by the Mayor? Attorney Cherof indicated that the motion to table would be a better alternative if there are outstanding issues, than to approve an item subject to subsequent research. Therefore the motion to table would be a more conservation approach. Vice Mayor Weiland inquired if the item were tabled and brought back at the next meeting could it be handled in a different manner? Attorney Cherof said that the Commission could split the issues. Mr. Kilday said he would prefer to have the project considered all at one time. Further, Mr. Kilday said he would be willing to stipulate that the case did not have to be re-presented and the only thing to be dealt with at the next meeting would be the legal issues. Attorney Cherof said this would be appropriate. Motion Commissioner Fisher moved to table the issue to allow the Legal Department an opportunity to obtain the court records that are not readily available and to research the records for the benefit of the Commission. Motion seconded by Commissioner Black and carried 4-0. Attorney Cherof said he would limit his review of the court records to the issues raised on the record tonight. Project: Agent: Boynton Beach Boulevard PCD (BJs Wholesale Club) (Right-of Way) Roscoe L. Biby, P.E., Kimley-Horn & Associates, Inc. 19 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 Owner: Location: Description: University of Florida Foundation, Inc., A Florida Corporation and University of Florida Foundation Inc., a Florida Corporation, as Trustee Southwest corner of Boynton Beach Boulevard and Winchester Park Boulevard Request for abandonment of a 30' road right-of-way easement Mr. Roscoe Biby of Kimley-Horn & Associates, Inc., agent for the applicant, stated they agreed with all staff comments. There were no questions from the Commission or staff. Motion Commissioner Black moved to approve, which was seconded by Commissioner Fisher and carried 4-0. Motion Vice Mayor Weiland moved for a ten-minute recess at 8:50 p.m., which was seconded by Commissioner Fisher. The meeting reconvened at 9:05 p.m. viii. FUTURE AGENDA ITEMS: A. Ordinance on Non-Conforming Signs (December 19, 2000) B. Resolution of Intent to Establish Fire Service Special Assessment (December 19, 2000) Display of New Fire Rescue Apparatus (December 19, 2000) Rescue Vehicle (Ambulance) Heavy Rescue & Special Operations Vehicle Presentation of Five-Year Strategic Plan for the Black Awareness Celebrations by Michael Brady and Bruce Lewis of L.B. Limited & Associates, Inc. (December 19, 2000) E. Future Annexation Areas (January 2, 2001) F. "Name Pond B" Contest Demonstration of GIS Project to City Commission, CRA and Planning & Development Board (February 6, 2000) 20 Meeting Minutes Regular City Commission Boynton Beach, Florida December S~ 2000 IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: Review Applications/Qualifications for Possible Appointment of District III Commission Seat Previously addressed. Request for Zoning Text Amendment - Outdoor Dining in CRA Area by Special Use Permit Commissioner Black stated he requested this item be placed on the agenda because the 500 Block of Ocean Avenue will be coming on line and there are more restaurants opening up. Commissioner Black felt this would be a good draw to the downtown area by having dining allowed on the sidewalks and would like this use encouraged within the CRA. Mr. Bressner suggested that the City Attorney could draft an Ordinance for informal review by the Commission and then referred to the appropriate advisory board for public hearing and zoning text amendment. Xl. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING Proposed Ordinance No. O00-63 Re: Amending Land Development Regulations as follows: Chapter 2, Section 6.C.1.; Chapter 2, Section 6.D.1. to include nightclub; and Chapter 2, Section 6.E.1.B Attorney Cherof read Proposed Ordinance No. O00-63 by title only. There was no one in the audience that wished to speak on the item. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-63. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-64 Re: Deleting Article X of Chapter 1 and Section 3.B. of Chapter 23 of the Land Development Regulations and Article II Section 1 of Chapter 21 of the Code of Ordinances and amending Chapter 1.5, Sections 4.1 and 4.3 of the 21 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 Land Development Regulations in order to clarify and further specify the procedures applicable to variances Attorney Cherof read Proposed Ordinance No. 000-64 by title only. There was no one in the audience that wished to speak on the item. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-64. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-65 Re: Deleting Chapter 18. Article IX, Early Retirement Incentive Program, in its entirety, reserving Sections 18-223 through 18-230 Attorney Cherof read Proposed Ordinance No. O00-65 by title only. There was no one in the audience that wished to speak on the item. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-65. Commissioner Fisher seconded the motion. Vice Mayor Weiland said he was not in favor of the Ordinance at the last meeting, but after discussing the issue with Chief Bingham, Chief Gage and some police officers, they assured him that this is a doable project and can be accomplished without much interruption. Therefore, he is now in favor of the Ordinance. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-66 Re: Creating an Early Retirement Incentive Program; providing requirements for participation in the Early Retirement Incentive Program; providing criteria for qualification for early retirement; approving and issuing a statement of actuarial impact; approving the form of agreement for participation in the Early Retirement Incentive Program; directing City Administration to furnish a copy to the Division of Insurance Attorney Cherof read Proposed Ordinance No. O00-66 by title only. He further stated that the Ordinance includes the language that the Commission asked to be included upon first reading, which requires that the actual retirement date to be coordinated with and approved by the City Manager. Also, on Page 1, second "whereas clause", there is 22 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 a reference to a final study and Attorney Cherof said he needed the Commission's authorization to fill in the final study date, to which the Commission agreed. There was no one in the audience that wished to speak on the item. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-66. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-67 Re: Amending Land Development Regulations as follows: Chapter 1, Article II Definitions; Chapter 9. Community Design Plan; and Chapter 21 Signs, Article II, to create a definition for wall murals and establish a process and guidelines to review future wall murals Attorney Cherof read Proposed Ordinance No. O00~67 by title only. Attorney Cherof stated that this Ordinance has also been amended between first and second reading to accommodate the request made during first reading. Mayor Broening opened the public hearing. Mike Friedland, 330 NE 26th Avenue, Boynton Beach hoped that he was not offensive in his campaign against murals. He would like to have signs in the City brought up to date and that the Planning and Development Board be involved with the plans for murals because murals are a signage issue. Mr. Friedland read a letter prepared by Mr. Robert Ensler, a member of the Planning and Development Board. Mr. Ensler is of the opinion that the new Ordinance for murals has caused a significant disagreement between staff, the Planning and Development Board, as well as members of the Commission. Mr. Ensler would like all the issues addressed before the Commission approves the Ordinance and he presented Mr. Ensler's reasoning for this request. Mr. Ensler in his letter raised the point that problems could exist between murals and signs. Also, Mr. Ensler noted that there is always the possibility of litigation. Originally Vice Mayor Weiland and former Mayor Pre Tem Sherman voted against the initial Ordinance. Also, Commissioner Fisher voted against the Ordinance at the last meeting, with the other Commissioners expressing concerns that the mural program must be properly established. Mr. Ensler requested that the Commission continue discussions on murals before making a final decision. Mayor Broening noted that the concerns expressed by Messrs. Ensler and Friedland are incorporated in the mural Ordinance and that it establishes a one-year pilot period, during which time the Ordinance would apply only to the central business district and 23 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 will be evaluated after that. Mayor Broening agreed that the murals are only good if they are done properly. He pointed out that Boynton Beach is searching for its identity and needs to develop an image and would like to see the program given a one-year try. Mayor Broening closed the public hearing. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-67. Mayor Broening passed the gavel and seconded the motion. City Clerk Sue Kruse polled the vote. The vote was two ayes (Mayor Broening and Commissioner Black) and two nays (Vice Mayor Weiland and Commissioner Fisher); therefore, the motion failed. Proposed Ordinance No. O00-68 Re: Amending Land Development Regulations, Chapter 2, Section 11.L. to allow the regulations to be modified to allow gas sales ancillary to a principle use in a PCD, subject to minimum acreage and other site standards Attorney Cherof read Proposed Ordinance No. 000-68 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-68. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1St Reading Proposed Ordinance No. O00-69 Re: Amending Article I of Chapter 2, Section 2-13.1 in order to amend the power and duties of the Community Redevelopment Agency and amending Article I of Chapter 2 Section 2-13.2 relating to the CRA to provide that the City Commission shall no longer be the governing body of the Community Redevelopment Agency (CRA) and to provide for the board members' appointment by the City Commission Attorney Cherof read Proposed Ordinance No. 000-69 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-69. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-70 Re: Creating Article II of Chapter 1.5 of the Land Development Regulations to provide for 24 Meeting Minutes Regular City Commission Boynton Beach~ Florida December $, 2000 the powers and duties of the Community Redevelopment Agency (CRA) pertaining to land within the CRA boundaries Attorney Cherof read Proposed Ordinance No. 000-70 by title only. Motion Commissioner Fisher moved to approve Proposed Ordinance No. O00-70. Vice Mayor Weiland seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. O00-71 Re: Amending Article I, Chapter 1.5, Section 1 of the Land Development Regulations to add a new subsection E.; providing for limitation of the Planning & Development Board's authority in the Community Redevelopment Area, providing for transfer of authority, function, powers and duties to the CRA Attorney Cherof read Proposed Ordinance No. O00-71 by title only. Motion Vice Mayor Weiland moved to approve Proposed Ordinance No. O00-71. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 000-72 Re: Establishing an annual boat launching and trailer parking fee for Boat Club Park Attorney Cherof read Proposed Ordinance No. O00-72 by title only. Attorney Cherof stated that between first and second reading, it will be clarified that the fees will take effect upon adoption of the Ordinance and not at a later date. Vice Mayor Weiland said that he would like clarified between the readings of the Ordinance the different methods of enforcement. Motion Commissioner Black moved to approve Proposed Ordinance No. O00-72. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. Proposed Ordinance No. 000-73 Re: Amending Chapter Nine, Entitled "Fire Protection and Prevention" of the City Code by creating and establishing Article VIII "Hazardous Materials" 25 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 regulations, Section 9-71, "Disclosure and Safety Requirements", providing for definition, exemptions from disclosure and enforcement Attorney Cherof read Proposed Ordinance No. 000-73 by title only. Motion Commissioner Black moved to approve Proposed Ordinance No. 000-73. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #99-2474 (2510 NE 4th Court) from $7,875 plus 634.12 in administrative costs to $2,000 Mr. Scott Blasie, Code Compliance Administrator stated that there were two lien reductions tonight, the first one being case No. 99-2474. The Code Compliance Board voted 4-3 to reduce the fine from $7,875 plus $634.12 in administrative costs to a total fine of $2,000. Mr. Blasie explained that the people who held the note and mortgage purchased the mortgage back and stated that title work was done before the papers were recorded. Therefore, the respondent did have knowledge of the lien. Mr. Blasie said that the applicant was present. Commissioner Fisher asked Mr. Blasie his opinion of the condition of the property since the mortgage holder took the property back? Mr. Blasie stated the property has greatly improved and was in deplorable condition prior to their taking ownership. Motion Commissioner Black moved to approve. Motion seconded by Commissioner Fisher and unanimously carried. Rescind the fine in Case #99-502 (220 SW 4th Avenue). The original fine totaled $10,500 plus $538.27 in administrative costs. Mr. Blasie noted that the Code Compliance Board voted 4-3 to rescind the fine in Case #99-502, which was originally $10,500 plus the administrative costs of $538.27. The 26 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 applicant explained to the Board at the hearing that he was losing his house and was trying to sell it to get out from under it. The respondent appeared at the hearings and pled no contest and asked for time at the original hearing. The respondent ran out of time and money, which was the basis for the Board's decision. Commissioner Fisher noted that the backup material indicates that the applicant purchased the house for $64,000 and is selling it for $84,000 and therefore is realizing a $20,000 profit. Further, Commissioner Fisher gathered from the backup that the respondent did not care about fixing the property and now that the house is being sold, Commissioner Fisher doesn't see how the applicant would be breaking even under these circumstances. Mr. Blasie stated the applicant alleged that the remainder of the money was going to court costs and other debts, but there was no evidence presented at the hearing. Mr. Roger Banks, 220 SW 4th Avenue, Boynton Beach said that the property was in bankruptcy and that he went deeper and deeper in debt and could not afford to make the $1,200 monthly mortgage payments. Mr. Banks said that after the sale of the property, he would still owe $2,000. Commissioner Fisher pointed out the differences in the two cases and felt the reSpondent in this case did not bring the property into compliance within the time allotted, whether it was for financial reasons or any other reasons. Mr. Blasie pointed out that the difference between the two applicants is that the first applicant actually came in after the fact and purchased the property back, whereas, Mr. Banks has owned the prOperty all along. Mayor Broening asked if the property was now in compliance and Mr. Blasie stated it WaS. Motion Vice Mayor Weiland moved for approval. Motion seconded by Commissioner Black and carried 3-1 (Commissioner Fisher dissenting). Xll. UNFINISHED BUSINESS: None Xlll. OTHER: A. Informational Items by Members of the City Commission Vice Mayor Weiland requested that during the CRA transition that staff give an orientation to the entire Board as soon as possible. Secondly, Vice Mayor Weiland 27 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 would like the Code Enforcement items heard earlier during the agenda, instead of being last. Mr. Bressner pointed out that this may be the last time the Commission will be hearing the lien reductions and that an Ordinance is being prepared to authorize the reductions to be approved by the Code Compliance Board, thus eliminating these hearings. Of course, there will be a process for a case to be heard if a Commission member has an objection to a finding. Commissioner Fisher thanked the entire staff for the work done for the first Holiday tree lighting that was a great success. He noted that three miles of lights were put up and everyone enjoyed the festivities. Commissioner Black also expressed his appreciation for all the work done to make the tree lighting a success and thanked staff and particularly Justice Brown for all the time he put into making certain that everything would be ready and working on time. XlV. ADJOURNMENT: There being no further business to come before the Commission, the meeting properly adjourned at 9:40 p.m. ATTEST: Cite,clerk Recording Secretary (3 Tapes) CITY OF BOY, NT. ON ACH Com'm~Sioner mmiss, ioner Commissioner 28 BOYNTON BEACH CITY COMMISSION'.MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk.pr~ to the start of the City Commission Meeting. Name '-~' /~ ~] /~/::}~ ~-'/~ _~. Address Telephone# --~/-'-~ ~-~ 7 q~ Summary of Matter to be Add~essed/-'/~~ ~D/t///J~' If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings 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 individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City/Clerk prior to the start of the City Commission Meeting. Name /~' ~J/lC~_J Address _~_ D ~_ Telephone # ' ~/P [- Summa~ of Matter to be Addressed~~/ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # f , Agenda If a person decides to appeal any decision made by the City CommisSion with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an eqUal opportunity to participate in and enjoy the benefits of a service, program~ or activity conducted by the City. Please contact Joyce Costello~ (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. _ Name ~~ Address' ~' ~d~ Telephone//, ¢/~ 7~ Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours 'prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone s person de~ides to sppeal any decision made by the City Commi~ion wi~h respect ~o any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings 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 individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, Costello, (5611 742-6013 at least twenty-four hours prior to the program or or activity conducted by the City. Please contact Joyce your request, activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Cleff~ior to the start of the City Commission Meeting. Y~/' ~ ~'/~ / ~ / A~e~da ~ red,phone ~ ~a~t~ to be Addre,,~~ d/~ Summary of If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105I The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742~6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Address ~ Telephone, Summa~ of Matter to be Ad~ed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name '~V/t~ /~~ / Telephone. ~ O~~ ~/~~ Sun ma , o atter to be . If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetinE, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the Cit}~to ~start of the City Commission Meeting. Name P~~ Summary of Matter to be Addresse~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone Summa~ °f Matter t° be Addre~~~/~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings 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 individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk~ prior to the start of the City Commission Meeting. - ~ Name ~'~ ~'/~ (~! / ~ ~~' Address / 3 ~c~ k~'i//~, X~? \~L-,/ Telephone ~ Z~ ~ ~ Y ~ ?~ / Agenda ~ / ~ a SummaryOfMattertObe ,ddr...~~ O ~ FF o~ ~ 6'} ~ ~[~ ~~ ~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name /~ /. /~¢ v~ ~'~-j,~-~,,~ ff > ~ Address ~~ Telephone # ~'~'-?'7'~,o Agenda # Summary of Matter to be Addressed ~[~ /~j~ff~Z If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and giv ty Clerk prior to the start of the City Commission Meeting. Name ~~'/2~ ~ ~-/~,' ~~e Address ~ 00 ~ ~0 ~ ~/ ~L ~ C.~ ~3/-- , '~~~ Agenda~ ~~ ~ Telephone Summa~ of Matter to be Ad~sed ~ ~ ~ ~/~~ ~~ ~~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION~MEETIIIG~/~~//~ PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name //~ /~y Address' "~JD Telephone, ~/~ ~~-~ Agenda #~/~/~/~ ~--~ Summary of Matter to be Addre se~d If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD *GENDt ITEMS VII Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Address Telephone, Sumrnary of Matter to be Addressed If a person decides to appeal any decision made by the City Co h respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she maC, need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the a~peal is to be based. (F.S. 256.0105~ The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Address Telephone # Summary.. of Matter to be Addressed Commission Meeting. Name ~.~-~ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 256.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # ~g { ' ~ Summary of Matter to be Addressed genda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings 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 individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meetin~ Name ~.- .- _ - _- ->~ _ Address //~ IL ~ c ~-,'~ ~. _[-') V' ' Telephone # ~'~ ~ - ~-~/~'~ ~ da # ~ (~J Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with resp~t to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to that verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the e~eUre a appeal is to based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone Summary of Matter to be Addressed Agenda \1111 If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings 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 individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Telephone# ~- '~ {~'~ Summary of Matter to be Addressed If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meetin[, he/she will need a record of the proceedinEs and, for such purpose, he/she may need to ensure that a verbatim record of the proceedin[s is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the pro~ram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Mee}i~/g. Name ~~ ~ Address Telephone # Summary of Matter to be Addressed Agenda # If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 .at least twenty-four hOurs prior to the program or activity in order for the city to reasonably accommodate your request. RESIDENTIAL Taking Care o{ the Way ?eople Live September 21, 2000 l~'vermd Dave Edwards First Baptist Church of Boyaton Beach 301 No~ Se~e~ Bird B~ton Bea~ ~ 33435~069 C. Jordan Clark ¢3~ief Dwestme.t Officer Dear Pastor Gables P, esi&.,~l, throu~ a series of legal entities fully w~rhl- o,~ coq:~orate umbr~ih, own two rental apaxrm~nt commu~ that are both within the Woolbright Place PUD i~ Boyaton Beach. As the land area on which these two commuaifi~-~ are situated together comprise the majority of the total acreage in this PUD, Gables Residemial effectively controb the PUD's m:~er assocS'~fion We are aware that your church owns :he 14.18 acre tract on the west side of SW 1~ Street, whidx is across the street from our apartment comn~-~.~. We ate also awaxe that this parcel was forme~ a part of~e Woolbright Place PUD. ~ our records, we still have a copy of a letter da~ed October 24, 1997, writteu by Gr~ Igtehart (Gables' V'P of Investr~ts) to the City of Boyaton Beach wkich grmted your chuMa the right to exk the PUD. Principals at Wood Partners have made the senior executives at Gables Residential aware that Wood inteads to develop the church's property with 216 apaxtmeau. We ku-ther ma~ that your property's land use desigrmtioa is beiag chmged to high deuaity resM~ntial md that, if the following rezonlng ts completed, you will have the rights to build 153 dw,ll;,g units On your property. Your churdi now ~ to have its 14.18 acre tract rejoined to the Woolbright Place PUD, in order to take advan~ of 63 of the 67 surplus units ~ remain wirhi~ the FUD. This letter is inteaded to ixfform you that Gables Reaideatial, through its wholly owu~ af~lb,e companies, hereby grmts your church the right to have iu 14.18 acre tract reincorporated hato the Woolbright Place PUD. ~ approval is contingent on 1) the church's w~llb~ess to comply i~ full with all ~henhip obligations as defined in the Woolbright Place Mazter Association docum~,nu as well as with the rules and regulations prescribed in its Cow---u, Conditions and l~,.rictiong a copy of which are on file at the City of Boymon Beach's a&~i-ku-ative complex, and 2) that Wood Parmers is in fact the developer of record for this 216 trait apartment developrn~nt This permlsdau is comingeut upon Wood being the developer because, in exchange for ti~ approval, priadpaLs at Wood have committed property managem~t busixm~ at tl~ and other Wood communities to be built throughout south Florida m Cables; We at Gables wish the church much success with the expun~iou aud renovation of its dow~ campus. Senior ¥-P md Chief Investor Of'ricer cc: Greg Iglchart 59 Paces Ferry Road Sdir~ 1450 Atlanta. Georgm 30339 t --01 436-4600 ~--t)1 435--434 Facsimile PETITION FOR THE ADDITION OF A DOG 'PARK IN THE BOYNTON BEACH PARK SYSTEM We, the undersigned, all residents of Palm Beach County, Florida, hereby petition the CITY OF BOYNTON BEACH for the addition of a DOG PARK in the city park system. Doe Park Petition il- i?--~ I l ~%g-o~r~ Doa Park Petition nature =)hone In-,,.- Doa Park Petition I Phone t Date n/mA~ Do,q Park Petition Name (Print) i Signature Do.q Park Petition Phone . f I Date I ' II ! I DOR Park Petition I Name (Print) iPhone I Date Doq Park Petition, I Name nature I Phone I Date 4~'3 q l q (v Doe Park Petition I Name (Print) I Phone I Date Doq Park Petition I Phone I Date LL~ ~-t~ DOR Park Petition I Name I Phone DoR Park Petitio_n - I Oh n.'- I Name IPrint) 1 S~nature . ..o.... D.... , Doa Park Petition I Name I natu re I Phone I Date ~ Doq Park Petitio_n Name nature Do.q Park Petition [Name ature I Date I //-I ~ Doa Park Petition Name (Print) iSis.nature Phone 73~- ~30C '73¢ l)cr~ I Date ff./7-00 Dog Park Petition I ph¢ '1' Date Doa Park Petition i Signature Phone ' DoR Park Petition Name (Print) Phone ~-/~'~,/x -36 q-q~o ~ 0 I Date ~O Doa Park Petition Name I Phone I I I Doq Park Petition Name nature I Phone r~ 7~&JI Doe Park Petition I Name nature I Phone I Date Do,o Park Petition. Phone I) :)oa Park Petitio__n D~OR Park Petitio~n ~a~m.. tPrirA} Doq Park Petition ~ _ ' -- ~~ Date __~ _______ ,-' ,~ -------~, Siqnature Phone ~ D_oq Park Petitio~n Name Phone Date ~ature Do(~ Park Petitio__n )oR Park Petition. DOR Park Petition Name (Print) ! Signature Doo Park Petition Name (Print) Doe Park Petition 41 Phone '//W.. o335 Doe Park Petition Name (Print) (3vb Doa Park Petition Name (Print) I Si~-.ature I Phone I Date l~l~/~ Doa Park Petition Name (Print) Phone /zf~ ~ I ! I L~,~ L~~ I Doa Park Petition I Name na, t~, ra I Phone I Date I 1 DoR Park Petition Doe Park Petition Name (Print) Signature Phone ti ~7 f- /2.;2 Doq Park Petition, I Name F~ lc ~ ire I Phone I Date i 17' Doq Park Petition. I Name nature Phone Doa Park Petition Name (Print) I ,.re I Phone I Date f Doa Park Petition I Name (Print) t Phone I Date DOR Park Petition Name (Print) I Phone I Date -z - b t(~__5 II-1 II -! ~- O0 Doa Park Petition I Name ',Print) Phone 302 367-7c I Date Doe Park Petition I Name I Date t Doo Park Petition I Name I Phone Date I //-~/,+ Doe Park Petition i, Name.~(Print) j~.,~ ....... I Phone I Date ,-0 / I Doo Park Petition Name (Print) Phone .fr /I Doa Park Petition I Name nature I Phone Doa Park Petition Name (Print) iSi~na. ture j Phone Doe Park Petition Name (Print) nature I Phone I Date I I Doa Park Petition N~ame (Print) I Signature ~7-.,,z d.2 oc' /,2- /- vo q ~)-~ gl O 12 12-- t-ooj -d J ~. /n / , .c//,e ~0 Doa Park Petition Name (Print) nature I Phone Doe Park Petition i Doa Park Petition. I Name I Phone I Date . n3 Poq Park Petition 00~ Doa Park Petition Name (Print) ~inn:,tnr,- Phone i I i I I I Doe Park Petition I N~me (Print) I Phone I Date DOe Park Petition I Name I Phone /2--.- Do.q Park Petition Name (Print) I Phone Date ~/~/> I t Doo Park Petition Doe Park Petition Name (Print) nature I Phone ! I 1 ! I Doq Park Petition Name IPrinf~ jDate Doa Park Petition I N~m,~ IDrinfl DoR Park Petition Name (Print) nature I Phone I Date I I- Doe Park Petition Doe Park Petition iName (Print) Phone I Date Doo Park Petition Name (Print) Si~,~ture ,Phone Doa Park Petition iName (Print) i Signature P.hone !Date Doa Park Petition Name (Print) Signature i Phone '1:' :: 'i Doq Park Petition i...,,., ... I Signature I I Phone t Date ~.,~7- '7/ //-/~ Doe Park Petition Name (Print) [ Signat ~re t Phone Doa Park Petition ~ure ~ne ~~~~Dat~ ] 7~1 ti 1/ /[ Il Doa Park Petition Doa Park Petition, I Name nature t Phone f( Ir Do.q Park Petition. I Name nature I Phone I Date Doq Park Petition Name (Print) , - ~ ~ ,7? I Do,~ Park Petition nature I Phone I Date DoR Park Petition Name (Print) Phone /! Dog Park Petition Phc Date Doe Park Petition I Name ~ I Phor," I I Doe Park Petition iName (Print) nature I Phone I Date oC DoR Parr Petition NLm,- (Print) .n. at ,J re I Phone I Date Doe Park Petition _Doq Park Petition Phone Date Poq Park Petition Phone Date D~oq Park Petition Phone Date Poe Park Petition i'"Name' T ..... mature I Ph~ne 'l oa~e ~¢? Doe Park Petition Name (Print) Phone '" Oo.q Park Petition Doe Park Petition Name (Print) Phone I Date 3 5o~ 5~o 7~ Do(~ Park Petition P.hone Date -ir Doa Park Petition Name (Print) Phone 3,'~~ ~o/ Park Petition Si~Inature Dy Phone 7vo -/o71 ?t/o- Io?1 Date %,'b- q-O-z Oo!:l. Park Petition Name (print) J Signature J Phone Date ' . ! u ' / - - ' ,~ · 12/04/2000 1~:2[ FAX 4013642040 HDRANDALL ~01 December 4, 2000 Richard Hudson Department of Planning and Zoning Town of Boynton Beach Boynton Beach, Florida To The Planning and Zoning Commission: Being unable to attend the meeting December 5u~ concerning the rezoning of the property Owned by the Baptist Church north of Woolbright Road and East o£E 1,~ Canal (14.1 g acres'), £ would like this read into the minutes at thc public hearing. I own 707 Canal Way adjacent to the afore described property being rezoned for residential use. The following are areas of my concern: I must be assured the screening provided by the developer to reduce access and noise and improve security is done with natural ficus on a berm ~d not with fencing. 2. This screening must be placed south of thc power line ROW to prese~'e the 2 hibiscus trees that Kevin Hallahan described as specimen trees. Sincerely yours, C. Ray Phelkn PO Box 554 Charlestown, Ri 02813 401 364-7562 BLVD. W:,~,~,~(SR 804),~ LAKE ~BOYNTON ESTATES CRYSTAL KEY AT WOOLBRIGHT LEISUREVlLLE THE 'VlNINGS BOYNTO'N BEACH 16.2 DU/AC ALTA CHAS,E 15.3 DU/A£ EXPO CRACKER BARREL SHOPPES OF WOOLiBRIGHT PCD RACETRAC ~ ~, GAS, STATION, HOME i.,WO,0LEIRIGHT' RD,. (S.W. J!5th AVE.) ~? 9o SHOPPE$ QF W©QL~F~[°aHT P.C.D. WOOLBRIGHT PLACE P.U.D. M.4STER PLAN SEMINOLE BAY LAND COMPA]~ E[S;VHE) Vm'-IV VCII~IO"IeI 'HDV~I~ NO2aXIXOI~ X b \ % d UJ uJ ~i=?ROJECT NAME: DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA BJ's Wholesale Club =PLICANT'S AGENT: Roscoe Biby of Kimley-Horn & Associates, Inc. APPLICANT'S ADDRESS: 601 21 Street, Suite 400, Vero Beach, FI. 32960 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 05, 2000 TYPE OF RELIEF SOUGHT: Request for dedicated street right-of-way abandonment LOCATION OF PROPERTY: SW corner of Boynton Beach Boulevard and Winchester Park Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR x THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby x 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. DATED: ~. ~ ~ ~~ ~ '% City Clerk S:,PIanning,SHARED,WP,PROJECTS,~'s Wholesale ~ub Aban 2000,BJ's CC D O.doc EXHIBIT "C" Conditions of Approval Project name: BJ's Wholesale Club File number: ABAN 00-005 Reference: Application to Abandonment with an October 11, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DMSION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: None. X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be MWR/dim S:~PLANNINGXSI-IARED\WP~PROJECTKfflJ'S WItOLESALE CLUB ABAN 2000~BYS ABAND.COND. OF APPROVAL. DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON SHOPPES APPLICANT'S AGENT: Robert E. Basehart, Basehart Consulting APPLICANT'S ADDRESS: 1620 So. Congress Avenue DATE OF HEARING F~IIFICATION BEFORE CITY COMMISSION: December 5, 2000 TYPE OF RELIEF SOUGHT: Major Master Plan Modification/Rezoning (addition of 3,000 sq.ft. restaurant and retail space) LOCATION OF PROPERTY: 1620 So. Congress Avenue DRAWING(S): SEE EXHIBIT"B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the publiC finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: "~)~"~-,. '~ ~,~ ~ ~ ~ ¢' City Clerk J:\SHRDATA\Planning~SHARED\WP\PROJECTS\Boynton Shoppes (Re-Zoning)\12-6-00 CC Der Order.doc EXHIBIT "C" Conditions of Approval Project name: BOYNTON SHOPPES PCD (ilia Heise PCD0 File number: REZN 00-001 Reference: Major Master Plan Modification/Rezoning (addition of 3,000 sq.ft, restaurant and retail ,ce ) DEPARTMENTS I INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. None. X ADDITIONAL CITY COMMISSION CONDITIONS 2. _To_ be dete,,':rn!n~a_ AI~,q/~[' t~ J:\SHRDATA~Planning\SHARED\WpkPROJECTSkBoyaton Shoppes (Re-Zoning)\l 1-28-00 P&D COND OF A~PROVALdoc. doc/dim DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON LANDINGS APARTMENTS APPLICANT'S AGENT: David M. Layman, Greenberg Traurig, P.A. APPLICANT'S ADDRESS: 250 S. Australian Avenue #1003, West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2000 TYPE OF RELIEF SOUGHT: Administrative Appeal LOCATION OF PROPERTY: 2309 North Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recOmmendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS x HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. x DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~~ Ci~ Clerk J:~SHRDATA~Planning~S~REDkW~PROJECTS~Bo~ton ~ndings ADAP 2000~CC 12-5-00 DO.doc EXHIBIT"" Conditions of Approval Project name: BOYNTON LANDINGS APARTMENTS) File number: ADAP 00-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: 1. Denied. X ADDITIONAL CITY COMMISSION CONDITIONS DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Shoppes APPLICANT'S AGENT: Robed E. Basehart APPLICANT'S ADDRESS: 943 Clint Moore Road, Boca Raton, Florida 33485 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 4, 2000 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: 1620 South Congress BIvd, DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. x THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant x HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby x GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~'~. ~', ,=~,c~ ..~.-.~,~a,~-ac.~~ ~ City Clerk J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Boynton Shoppes\Develop. Order Boynton Shoppes.doc EXHIBIT "C" Conditions of Approval Project name: Boynton Shoppes File number: NWSP 00-013 Reference: 3~d review plans identified as New Site Plan. File # NWSP-00-013 with an October 13, 2000 Planning and Zoning Department date stamp markin DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: 1. A fire hydrant flow test will be required prior to construction. LDR 6-16. X POLICE Comments: NONE X ENGINEERING DIVISION Comments: 2. On the site and civil plans, show the sidewalk at the same elevation as the H/C accessibility path with an accessible ramp up on both sides per the Florida Accessibility Code. X BUILDING DIVISION Comments: 3. The design professional-of-record for the project shall add the following text to the site data. "The proposed finish floor elevation of NGVD is above the highest 100-year base flood elevation applicable to th--~ building site, as determined by the South Florida Water Management District's surface water management construction development regulations." Correct the inconsistencies with respect to the finish floor elevation. The civil drawings indicate a different elevation than the site plan and floor plan drawing. [Section 3107.1.2, Chapter 31 of the Boynton Beach amendments to the 1997 edition of the Standard Building Code] X 4. At time of permit review, provide detailed drawings and documentation on Condition of Approval Boynton Shoppes 3rd Review. doc 11/29/00 DEPARTMENTS INCLUDE REJECT the plans that will verify the accessible route that is shown from the accessible parking spaces to the accessible building entrances is in compliance with the regulations of the Florida Accessibility Code for Building Construction. The documentation shall include, but not be limited to, identifying the type of material proposed for the route, type of surface finish, width, cross slope, slope and length of the entire accessible route including, where apphcable, landings, ramps and handrails. X 6. At time of permit review, specify (in tabular form) on the site plan and/or floor plan the proposed use of the facility, type of construction and occupancy classification of the building. The building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendments to the Standard Building Code. Working drawings of the buildingS) shall comply with the codes specified in Chapter 20 of the Land Development Regulations. X 7. The permit fee, water and sewer facility fees, Fire and Life Safety fees, County fees and State fees will be determined at time of permit review. X PARKS AND RECREATION I I Comments: NONE I X I FORESTER/ENVIRONMENTALIST Comments: 8. The apphcant has indicated on the landscape plan the intended use of all the existing trees and landscaping on the site. The existing wax myrtle hedge along the West perimeter may have to be replaced with another native hedge material. Any of the existing landscaping / irrigation that is destroyed during construction, will have to be replaced prior to the final landscape approval. X PLANNING AND ZONING Comments: 9. Revise the site plan to include the following: a. The revised Traffic Report ADT = 1,323 (1,128 is shown) b. Provide a 30 foot side setback (12.5' is shown), or obtain variance for the reduction in width (Ch.2, Sec.6, Par. F.7.e.) Site Plan approval is contingent upon approval of requested variance. c. The correct zoning for the parcel to the south or the subject property is R- 3. X Cond/tion of Approval Boynton Shoppes 3rd Rev/ew. doc 11/29/00 DEPARTMENTS 10. Prior to C.O. all existing and proposed landscape areas shall meet the minimum PCD requirements of Chapter 2 & 7.5 of the Land Development 11. No sign plans were submitted for rev/ew. If new signs are proposed or revisions are planned for existing signs, the existing sign program for this PCD must be modified. If any future sign plans are not included as part of this review, sign approval w/Il require a separate submittal and approval 12. Subm/t colored elevation draw/ngs for the Planning and Development Board 4. None. to PCD. CITY COMMISSION CONDITIONS MWR/blw J:~SHRDATA~PLANNING~SHARED\Wi:~pROJECT$\BOYNTON SHOPPES~CONDITiON OF APPROVAL BOYNTON SHOPPES 3RD REVIEW. DOC INCLUDE X X X X X REJECT DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON SHOPPES APPLICANT'S AGENT: Robert E. Basehart, Basehart Consulting APPLICANT'S ADDRESS: 1620 So. Congress Avenue DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2000 TYPE OF RELIEF SOUGHT: Zoning Code Variance - Side setback LOCATION OF PROPERTY: 1620 So. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: . Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS ~HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other City Clerk S:\Planning\SHARED\WP\PROJECTS~Boynton Shoppes (ZNCV Side Set~ack)\revisedDev Order CC.doc EXHIBIT "D" Conditions of Approval Project name: Boynton Shoppes File numb'er: ZNCV 00-013 (side yard setback) Reference: Zoning Code Variance Application dated July 12, 2000. DEPARTMENTS - I INCLUDE REJECT PUBLIC WORKS X Comments: None UTILITIES Comments: None X FIRE Comments: None ', X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND' ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS MWR:dim S:\PLANNING\SHARED\WP~PROJECTS\BOYNTON SHOPPES {ZNCV SIDE SETBACK)\REVISEDCOND. OF APPR P&D.DOC