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Minutes 10-02-01 MTNUTES OF THE REGULAR CZTY COMM'I'SSI'ON F'IEETZNG HELD IN COMMI'SS'ZON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORZDA, ON TUESDAY~ OCTOBER 2~ 2001 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Ron Weiland, Vice Mayor Charlie Fisher, Commissioner Kurt Bressner, City Manager James Cherof, Ob/Attorney Janet Prainito, City Clerk ABSENT Mike Ferguson, Commissioner Mack McCray, Commissioner Z. OPENZNGS: Call to Order - Mayor Gerald Broening l~nvocation- Rev, Randall Gill, First Presbyterian Church Pledge of Allegiance to the Flag led by Vice Mayor Weiland Mayor Broening called the meeting to order at 6:35 p.m. Rev. Gill offered the invocation. Vice Mayor Weiland led the Pledge of Allegiance to the Flag. D, ZF YOU WZSH TO ADDRESS THE COMMISSZON: · FZLL OUT THE APPROPRIATE REI~UEST FORM · G~VE :Lrr TO THE CZTY CLERK (ON THE DA~S) BEFORE THE "OPENZNGS" PORTZON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME I'NDZVZDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MlrNUTES. E. Agenda Approval: :1. Additions, Deletions, Corrections City Manager Bressner added ~[tem C under the City Manager's Report. This item concerns authorizing an excavation permit for Villa del Sol. 2. Adoption Motion Commissioner Fisher moved to approve the agenda, as amended. seconded the motion that carried unanimously. Vice Mayor Weiland MeeUng Minutes Regular City Commission Bovnton Beach. Florida October 2~ 2001 PUBLZC AUDZENCE: ZNDZVZDUAL SPEAKERS WZLL BE LI'MTI'ED TO 3-MZNUTE PRESENTATLONS Herb Suss stated that he hoped the Visions 20/20 issue will be addressed. He also asked whether the City has a safety and security plan in place because of the events on September 11m. He said that we must be prepared and work with other cities, the co~Jnty and the state. He offered his assistance in any way. Dee Zibelli, 440 Ocean Parkway~ requested the City Manager's assistance in obtaining a community meeting room at Rolling Green School. She also had a concern regarding the Ocean Parkway median's appearance and requested the City's assistance. III. OTHER: A. Informational Items by Members of the City Commission Commissioner Fisher requested that a survey of surrounding municipalities be conducted regarding citizens serving on multiple City boards. City Manager Bressner stated that this matter should be settled by resolution and it would appear before the Commission on a f~ture agenda. :W. ADMINISTRATIVE: A, Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date !! McCray Children & Youth Advisory Bd Stu/Reg/NonVoting I yr term to 4/02 ~II Ferguson Children & Youth Advisory Bd Stu/Reg/VoUng ! yr term to 4/02 (Tabled-3) (Tabled-3) ! Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04 IT McCray Bldg. Bd of Adj & Appeals Alt I yr term to 4/02 / II McCray Cemetery Board Alt 1 Yt term to 4/02 / II Mccray Code Compliance Board Alt 1 yr term to 4/02 ][ Weiland Education Advisory Board Alt 1 y[ term to 4/02 [V Fisher Golf Course Advisory Committee Alt 5Yyitt~i~ to 6/06 IV Fisher Nuisance Abatement Board Alt :t to 4/02 (Tabled-3) (Tabled-3) (-I'abled-2) (Tabled-2) (Tabled-3) (Tabled-3) All appointments were tabled. MeeUng Minutes Regular City Commission Bovnton Beach. Florida October 2, 2001 V. ANNOUNCEMENTS & PRESENTAT/ONS: A. Announcements: i. Oceanfront Concert Series on October 19, 200:1, 6-9 p.m. at Oceanfront Park - The Scharff Brothers Sand (Pop/Rock) Mayor Broening announced the Oceanfront Concert Series to be held on October 19, 200:1. 2. The City was recognized with an Award of Excellence from the City, County Communications 8~ Marketing Association in the Best Video/PSA Spots category for its monthly 30 Second Update sede~ - / Mayor Broening announced the City s Award of Excellence in the Best Video/PSA Spots category. A 30-second film on water quality was shown. Wayne Segal, Director of Media E Public Communications, thanked the City Commission and the City Manager for encouraging creativity. B. Presentations: Proclamations: None VZ. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all o~the accompanying material to become a part of the Public Record and subject to staff comment.q. A. Minutes: 1. Spedal City Commission Meeting of September 4, 200! 2. Special City Commission Meeting of September 5, 2001 3. Agenda Preview Conference of September 13, 2001 4. Special City Commission Meeting of September 19, 2001 B. Bids - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget 3 Meeting Minutes Regular City Commission Bovnton Beach. Florida October 2f 2001 Award the "ANNUAL SUPPLY OF SULFURIC ACID," Bid #089-2821-01/KR, to Sulfuric Acid Trading Company (SATCO), for ari estimated annual expenditure of $:~20,000 Award the ANNUAL BID FOR TEMPORARY LABOR SERVICES, Bid #085- 2510-01/KR, to A & ASSOCIATES for an annual estimated expenditure of $10,000 Resolutions: Proposed Resolution No. R01-262 Re: Approving and executing by Resolution Task Order #0:~-09 with Camp, Dresser and McKee (CDM), one of our Utility General Engineeri perform a Water, Wastewater, and Stormwater Rate of $24,990 Proposed Resolution No. R01-263 Re new Interlocal agreement with Palm Beach County dredging of Boat Club Park NavigaUon Channel ng Consultants, to tudy in the amount ; Approving a }r the maintenance Proposed Resolution No. RO1-264 Re Approving CHANGE ORDERS NOS. :~ - 4 to REPUBI.IC CONSTRUC-T~ON for the EZELL HESTER PARK BREEZEWAY PRO.1ECT (BID#025-2711-01/~D) in the total amount of $15,560.85 Proposed Resolution No. R01-265 Rei Ratification of South Central Regional Wastewater Treatment and Disposal Board action of September 19, 2001: Authorization to expend $36,000 on an emergency basis from Repair & Replacement Fund to replace both emergency generator radiator cores. Radiator cores are (10) years old and due to corrosive atmosphere, leaks have de~;elop~d in core tubing requiring cosfJy repairs. New core mater al upgraded thus reducing repairs. During FPL power outages, these radiators must be in se~vic~ for generators to operate. Authorization to enter into an agreement with Palm Beach County Utilities in the amount of $47,364 for performing lab testing services for fiscal year 2001-2002 with option to renew for additional (2) t~vo years subject to final review by board attorney c. Authorization to enter into contract with Widell, Inc. in the amount of $1,805 for construction of sludge dewaterin~j project 4 Meeting Minutes Regular City Commission Bovnton Beach. Florida October 2, 2001 Authorization to expencJ an additional $428,..9L50 from Repair & Replacement Fund to supplement the $:~.8 milhon appropriated in 2000/200:[ budget to cover construction contract costs and other associated costs to complete the sludge dewat~ring project Authorization for acceptance of a revised 2001/2002 Organizational Chart Commissioner Fisher requested that Item C.4.e. be removed from the consent agenda for discussion. Vice Mayor Weiland discussion. 5. Proposed Resolution No. R01-266 Re: Supporting the authorization of local fire marshals and fire departments~-m ~o enforce applicable fire safety codes and regulations at public s~hool facilities Ratification of Planning & Development Board Action: 1. Showcase Contractors, 20! SE 24~ Avenue - Requ~ : relief from Land Development Regulations Chapter 2, Zoning, Section ;.C.2.a. to allow a single family house on a sixty (60) foot wide lot in lit ~J of the minimum seventy-five (751 feet of frontage required by code ir an R-l-AA zoning district requested that Item D.1. be removed from the cx,nsent agenda for Castaneda Medical Building, 250 SE 23rd Avenue - Request site plan approval to construct a 4,800 square-foot medical office building on a 0.52-acre parcel Quantum Park PID, Quantum Park, PID, Plat 6, Lots 32-38 - Request Use Approval to include outdoor storage 'n the list of permitted uses in Quantum Park PID Gymnastics Centers in M-l, Otywide - Request to amend Chapter 2, Zoning, Section 8.A.l.d.(9) to allow gymnastic centers as permitted uses in the M-1 zoning district Mayor Broening requested that Item D.4. be removed from the consent agenda for discussion. / E. Approve request for sole source supplier, 3acobs Air Water Systems in the amount of $47,500 to replace media in degasification towers located- at the West Water Treatment Plant F. Approve the petition by Michael Idell, operating a Fort Lauderdale-based taxi- limousine business, for a Certificate of Public Convenience and Necessity 5 Meeting Minutes Regular City Commission Bovnton Beach, Florida October 2~ 2001 H= Approve the petition by Larizy Maiale ~I, operating a Boynton Beach-based taxi- limousine business, for a certificate of Public Convenience ano Necessity Authorize execuUon by the City Manager of an AppointmentLetter between the City of Beynton Beach and Nancy Byme, as Assistant Director of Development Motion Vice Mayor Weiland moved to approve the consent agenda, as amended, by Commissioner Fisher and carded Unanimously, Discussion C.4~o, Proposed Resolution No, R01-265 R~ South Central Regional Wastewater Treatment and D of September 19, 2001: Authorization for accepl 2001/2002 Organizational Chart orion was seconded : Ratification of sposal Board action ~nce of a revised Commissioner Fisher asked what the difference was between the original and revised Organization Charts, Mayor Broening replied that there were only minor changes, Motion Commissioner Fisher moved to approve item C.4.e. that carded unanimously. Vice Mayor Weiland seconded the motion Showcase Contractors, 201 SE 24t~ Avenue - Request relief from Land Development Regulations Chapter 2, Zoning, Section 5.C.2.a. to allow a single family house on a sixty (60) foot wide lot in lleu of the minimum seventy-five (75) feet of frontage required by code iJ~ an R-l-AA zoning district Vice Mayor Weiland thought the Commission had previously addressed this item. However, it was explained that the previous ordinance excluded the R-l-AA zoning distri ~. Michael Rumpf, Planning & Development Director, stated that stl include the R-l-AA zoning district in the previous ordinance. They wanted t the Commission on a case-by-case basis as variances. He explained that cluster of non-conforming lots in the other residential districts. Commissioner Fisher requested that staff examine the vacant lots in the R and come up with a better way to handle them. ff did not want to ~ese to come before :here was a greater 1-AA zoning distdct Motion Vice Mayor Weiland moved to approve item D.1. and carried unanimously. Hotion was seconded by Commissioner Fisher Meeting Minutes Regular City Commission Bovnton Beach. Florida October 2, 20111 0.4, Gymnastics Centers in M-l, Citywide - Request to amend Chapter 2, Zoning, Section 8.A.l.d.(9) to allow gymnastic centers as permitted uses in the M-1 zoning district Mayor Broening noted that the Planning & Development Board had approved this item with one dissenting vote and staff's recommendation was that these gymnastic centers should be handled on a case-by-case basis with conditions. Mic.h, ael Rumpf stated that staff initially recommended denial based on the characteristics of the City s Industra d strict. However, since the Planning & Development B~ard recommended apl~roval and if the City desires, st~ff would recommen~l approval :through the Conditional Use process. Mayor Broening agreed with staff. Bob Ensler, 26 Woods Lane, explained that he was the one dissenting vote on the Planning & Development Board. He believes this use should be looked at on a case-by-case basis, and he recommended that the Commission deny this request. Marcy Martine~ applicant, stated that she had contacted 83 gymnastic ce~hters in Florida and 74 of them are conducting business in industrial zones. Most of ~er businessj is conducted after 3:30 p.m. when many of the industrial businesses are closed. She said it is not economically feasible to operate in a commerdal zone. Both Vice Mayor Weiland and Commissioner Fisher were in favor of having a gymnastic center in Boynten Beach but expressed some concern with allowing them in the M-! zoning district Citywide, Commissioner Fisher asked how soon the Conditional Use process could o( that staff assist the applicant in walking this through. Mr. Rumpf stated th impact information would be required and it would probably take between lC Motion Commissioner Fisher moved to approve Item D.4. that carried unanimously. Vice Mayor Weiland se. cur and requested It plans and traffic and 12 weeks. :onded the motion VZZ. cTrY MANAGER'S REPORT: A. Proposed Noise Regulations - Draft Ordinance City Manager Bressner said that this proposed draft ordinance would moye away from the technical process, which requires the use of a noise meter. This proposal would provide a requirement for compliance based on a setback from the point.of noise. He stated that the proposed 25' setback might be overly restrictive according to comments by some members of the Commission. 7 Meeting Minutes Regular City Commission Bovnton Beach. Florida October 2f 2001 City Attorney Cherof suggested that there be a procedure placed in the ordinance that before issuing a notice to appear or a citation, the owner or occupant be given an opportunity to abate the noise. If the noise is not repeated for more than 4 .to 6 hours, then n6 citation would be issued. This would require a change to the ordinance. He also said that anything further than 25' would not solve the problem with a next door neighbor's noise. was ascertained that the police officer would have discretion in issuing a citation. Commissioner Fisher requested that the setback be 100' rather than 25'. Robert Dittman, 925 Orchid Lane, Gulfstream, said that it appear~ to him that this ordinance only addresses residential noise. He requested that staff look into offensive noise in commercial areas (e.g., Orbit). Vice Mayor Weiland said he apologized if there is still a problem at the Orbit. He has not heard any more complaints. However, he asked that Mr. Dittma~ call him or other Commissioners if the problem persists. Police Chief Marshall Gage said that because of the location of the Orbit, there have not been many complaints from the residential neighborhoods. There are, however, ongoing problems with security and noise at closing time at the Orbit, and this ordinal ice will help. Bob Ensler said it is not clear to him whether this proposed ordinance is Ii areas or to businesses also. He wanted to ensure that there were no conflicl other ordinances on the books. City Attorney Cherof stated that the proposed ordinance is Citywide residential areas. This proposed process would make it easier to go to cl violation. There was discussion regarding 25' and ~.00' setback distances and [:he time., ordinance. The consensus of the Commission was that the ordinance should contain verbal warnings; the times should be amended; there should be a s~ residential and other areas of the City; and the police should use discretion ir City Manager Bressner suggested that the first reading of this ordinance bE first Commission meeting in November. B. Proposed Amendment to PPM & APM - Active Military Duty City Manager Bressner explained that there Is no current policy for this situa :ion. The proposal is that afl, er 30 days of the full pay provision, the City would make up the lifference between the employees' military pay and their dvitia~ pay. Health benefits for the e~nployee would be paid by the City. The purpose of this is to pre~,ent financial hardship on employees who are nited to residential s between this and nd not limited to ~urt and prove the stated in the dralt ~nguage regarding ~paration between issuing citations. scheduled for the 8 Meeting Minutes Regular City Commission Bovnton Beach. Florida October 2~ 2001 called to active duty. City Manager Bressner asked for this to be considered as an emergency ordinance, waving the first reading and adopting the ordinance tonight. C, Authorize the excavation permit for Villa del Sol. City Manager Bressner explained that there is a provision in the City code that if more than 1,000 cubic yards of fill is to be exported from the site, City Commission approval is required. Motion Commissioner Fisher made a motion to authorize this permit. Mayor Weiland and carried unanimously. Motion was seconded by Vice Vi1'i', PUBLI'C HEAR/NG: 7:00 P.M, ORAS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Applicant: Description: Comprehensive Plan Amendments School Concurrency The City of Boynton Beach Request that: 1. The City Commission, acting as the Local Planning Agency, find the proposed amendments consistent with the Comprehensive Plan; and 2. The City Commission approve the pro )osed amendments for transmittal to the Florida Departn ~ent of Community Affairs There was no one in the audience who wished to speak, Motion Commissioner Fisher moved to approve the Comprehensive Plan Amendr Weiland seconded the motion that carded unanimously. ZX. FUTURE AGENDA TrEMS: Marina Project Update (October 16, 2001) - Site Plan ReviE 2001 Proposed Demolition of the Mangrove Park School (Old Higl Ocean Avenue (October 16, 2001) Report on Ordinance Changes for Advisory Board AttenC Standards (November 6, 2001) lents. Vice Mayor w on November 6, School) at 125 E. ~nce and Conduct D. Water Conservation Strategy (November 6, 2001) E. Traffic Calming and Traffic Control Final Report (November 6, 2001) 9 Meeting Minutes Regular City Commission Boynton Beach, Florida October 2, 2001 Quantum Park NOPC #:L2 to City Commission (November 6, 2001) Redevelopment Code Issues for Non-conforming Lots and Commercial Areas (November 2001) Ordinance Establishing Setbacks from Schools and/ Establishments having Liquor Licenses (November 20, 2001) I. FRA Whistle Ban - Report (December 4, 2001) .1. Ordinance Establishing an Arts Commission (December 4, 20(3 Mayor Broening requested that a report on Visions 20/20 be placed under FL City Manager Bressner said that a staff team report on Visions 20/20 wi November 6t~ Commission meeting. Buildings in )r Churches for 1) ture Agenda Items. be ready for the X. DEVELOPMENT PLANS: None NEW BUSINESS: None LEGAL: A. Ordinances - 2na Reading - PUBL/C HEARING 1. Proposed Ordinance No. 01-52 Re: Amending Land Development Regulations, Chapter 2 Zoning, Section ~5.A.3. providing for an increase in the maximum structure height in the C-1 zoning district from 25 to 30 feet; providing for an increase in th,e b. uilding height for buildings with under building parking to thirty-five feet as a conditional use in the C-1 zoning district; and amending ChaPlter 2, Section 4.F. providing for the addition of parapets as a potential exemption from height limitations City Attorney Cherof read proposed Ordinance No. 01-52 by title only. There was no one in the audience who wished to speak. Motion Commissioner Fisher moved to approve proposed Ordinance No. 01-52. Vice Mayor Weiland seconded the motion. City Clerk Prainito polled the Commission and the motion passed unanimously. l0 Meeting Minutes Regular City Commission Bovnton Beach. Florida October 2r 200:1. B. Ordinances - :L~ Reading Proposed Ordinance No. 01-50 Re: Amending Part III, Land Development Regulations, Chapter 1 and Chapter 21, regarding "Banners" ('TABLED TO OCTOBER .~ 200.~ AT THE REQUEST OF THE LEGAL DERARTI~IENI~ C. Resolutions: Proposed Resolution No. R01-267 Re, q Authorizing Settlement Agreement between City of Boynton Beach,Defendant, and Florida Outdoor Advertising, L.L.C. and Gold Coast Advertising, ]:nc., Plaintiffs, (Case No. 00-8577 as Consolidated with Case No. 00-8803) City Attorney Cherof read proposed Resolution No. R01-267 by title only. He said there has been a proposed change with respect to Exhibit A. City ~lanager Bressner said that this change moved the signs further away from residential areas and is acceptable to staff. Bob Ensler stated that the City has no choice in this matter, but it is an unfi Mayor Broening said that the City, the City Commission and staff agree. came out of the settlement much better than the court demanded. Motion Vice Mayor Weilan~ moved to approve proposed Resolution No. R01-267. seconded the motion that carried unanimously. ~rtunate situation. However, the City )mmissioner Fisher D. Other: Proposed Ordinance No. 01-53 Re Ordinance amending the Personnel Rules and Regula Beynton Beach to provide for supplemental pay for act City Attorney Cherof read proposed Emergency Ordinance No. 01-53 by title Vice Mayor Weiland said that he realizes that City employees who are calle service have a hardship. However, as a representative of taxpayers' monet must question whether it is the City's responsibility to supplement their pay. Motion Commissioner Fisher moved to approve proposed Emergency Ordinance No. seconded by Vice Mayor Weiland and carried unanimously. An Emergency :ions of the City of ve military leave )nly. I to active military he stated that he )1-53. MoUon was 11 Meeting Minutes Regular City Commission Bovnton B~ach, Florida October 2. 2001 XTII. UNFINZSHED BUS~NESS: Commissioner Fisher requested that discussion on canopies be added under Future Agenda items. Nichael Rumpf said that the Planning & Development Board has recomrriended no changes regarding canopies. City Nanager Bressner requested that a report be brought back to the Commission on November 6~. X/V. AD3OURNMENT: There being no further business before the City Commission, the meeting properly adjourned at 7:45 p.m. Deputy City Clerk (2 tapes) C~TY OF~BOYNTON B, EACI~ 12 ~mrnissi. oner Commissioner 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. Address Telephone, ss~d /~.~/.~/~~/~ ; ~ Summary of Matter to be Addre _~ . / /~ if a person decides to appeal any decision made by the City Commission wi~ respect to any matter :o~idered at this meetS, he/she will need a ~cord of the p~oceedings and, for such p~pose, he/she may need to ensue that a verbatim reco~d of the proceed~gs is made, whic~ recor~ in~udes the tes~on~ and e~dence upon which the appeal is to be based. ~.S. ~86.0105) The City shall furnish appropriate a~ia~ aids and se~ces where necessa~ }~ afford an ind~d~l opportunity t0 participate in and enjoy the benefits of a se~ce, ~o~am~ or act~m~ conducted ~y ~e C~ty. ~e~c con~ac~ do~ CosteHo, {551) 742-5013 at least twenty-four ho~s prior to ~e pro[ram or acti~ty ~ order for the c~ to reasonamy accommoaa~e your request.  BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill inthe inforraation called for below and §ire to the City Clerk ~f~or to Re start~f the City ~issi°n Meeting- Telephone Summary of Matter to be Add.~_----}~-~a /' ~ · If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meet/ng, 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 se~rices 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 au least twenty-four hours prior to the program or activ/ty in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the info~ation called for below and give to the City Cle~rior to the start of the City Commission Meeting. Name ~g L ~--P~ // Address ~_~ {~o~.~ [~_~ Telephone # Summary of Matter to be Addressed //\ Agenda If a person decides to appeal any decision made by the City Commissionwith respect to any matter considered at this meeting, he/she w/Il need a record of the proceedings and, for such purpose, he/she ma~need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon wh/ch the appeal is to be based. (F.S. ~86.0105) The City shall furnish appropr/ate auxiliary aids and services where ~ecessa~y 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 ?y 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 ~ccommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and ~ive to the City C/C~k prior to the start of the City Cora mission Meeti,~ ~ ~ ~__ ~//~/~/~/~ / / Name Address Telephone # /, Summary of Matter to be Ad~resse/~l A~enda # 2 If a person decides to appeal any decision made by the City Commission with respect to any matter Considered at ~his meeting, be/she will nee~ a record of the proceedings and, for such purpose, be/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/s to be based. {F.S. 286.0105) The City shall furnish appropriate au~c~ia~y aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a se~ice, program, 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 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Nalne Address Summary of Matter to beAddre[~sed///~.~'c~ ~ ~ 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 o£ 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 fttrnish appropriate aux/liary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a se~zice, program, or activity conducted ~y the City. Please contact Joyce Costello, {561] 742-6013 at least twenty-four hours prior to the pro§ram or activity in order for tl~e 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 / ' / Ad.ess Telephone ~ ~ ~/~ ~ // Ad~essed / Summa~ of Matter to be 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 shall furnish appropriate auxiliary aids and services where necessary to afford an indiv/dual 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 program or activity in order for the city to reasonably accommodate you~ request. AGENDA ITEMS Pill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD NRme Address -~ / Teleplione# ~\~// Agenda# }~/~ Summary of Ma.~tter to be A~dressed ·des to a eal ~ decision made by th~City Commi~ion wit~spect to any matter considered at thh meets, ~e/~e If a person dec' PP Y ~ ~ · - ~ ~a ensue that a velbattm record of ~e proceedmEs w~l need a record of ~e proceedings and for suc~p~ ~;;~ ~ ~ased (F S 286 0105} which record includes the ~timony and e~aence p ' PP · ~ '~i. ~ity sh~ g~n~h approp~te a~ia~ ~ds a~d s~ices where necessa~ to afford an lnal~aual wl~a a~a~l~y a= opportuni~ to ~ticipate ~ an~ ~joy the benefits of a se~ice, pro,ram, or acti~ty conducted by the Ci~. ~ease contact Joyce ' ' ' order for t~e city to reasonably acco~date CosteHo, (561) 742-50i3 at least twenty-fo~ hours prior to ~e pro,ram or actl~ m yo~ request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Lot 23, High Point Subdivision APPLICANT'S AGENT: Showcase Contractors, Inc. APPLICANT'S ADDRESS: 505 NE 3rd Street, Delray Beach, FL 33483 DATE OF CITY COMMISSION PUBLIC HEARING: October 2, 2001 TYPE OF RELIEF SOUGHT: Lot frontage LOCATION OF PROPERTY: NE corner of SE 1s, Street and SE 24TM Avenue DRAWING(S): SEE EXHIBITS "A", "B". and "C" 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 "E" with notation "Included". The Applicant's appliCation for relief is hereby ~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. ThiS Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other S:\PLAN NIN G~SHARED\WFSPROJ ECTS~SH OWCASE CONTRACTORS~DEVEL~O RD E R.DOC LOCATION MAP Showcase Realty Property EXHIBIT "A" i::lU JI "'"' ';;'-':,-: 0 4.00 '800 FEET ~ON¥aff 8_ ~- . ,2, .~' -[' 1.,~ ~i1!:_.,,_.I_ I ~--==,~'~ ~J ~'~- ~.._.. , I ~ '. I LOT ,¢ PUBUC UT',LIZ~S RO0 H/ITH CAP ~F--2102 OF ¥' WA TER CITY OF BO YNTO~ FENCE 27' SOUTN & o.r EAST FDVCE PROPOSED PROPOSED CARPORT 26.0' 17.0' +~.2 LOT 2J VACANT 1ZO' 26.0' +1ZZ SS ~- WEST EDGE OF FENCE ONLI~E r FOUNO 5/8" ~ITH CAP ~--ZlO2 +~7.'¢ l- At~c~OA.J~4 ~ L OCA 170N OF SEWER ~ [,z~--'~- x ~- S.£ 2_4TH AVENUE +~.~ ) 205'- PAVJN'G -- ~ -- ' ~-~ETVCH MARK' TOF 8ENOH MAt~' NAL AND WASHE~ NA~ AND WAS~-R COPYRIGHT 2001 0'SRIEN, SUITER & O'£RtE~ INC. ELEVAT~N +IZ~ ELEVAT~N +~98 Variance Statement for Showcase Realty and Contracting Inc. A. The original plat for the area was that all the lots were sixty feet wide. The home being placed on the lot conforms to all the other homes in the arena and meets all the setback requirements. B. The rezoning of the area to R1AA makes all the sixty-foot lots unbuildable. C. By granting the variance, this will finish one of the last remaining lots in the area and the city will not have to make any concessions or any special exceptions that would make this. lot any different than any of the other lots. D. The variance will not deprive either the homeowner or the neighbors in any way. E. The granting ogthe variance is the only way to get any use of the land. There is no property available on either side, which could be purchased to bring this property to seventy-five feet. F. The granting of the variance will allow the last remaining vacant lot in the area to conform to aH the other existing homes with the original intent, usage and pu-rpose. Sincerely 505 N.E. 3rd Street - Delray Beach. Florida 33483 Phone: 561-272-7599 o Fax: 5614272-3519 Certified General Contractor CGC 051903 EXHIBIT "E" Conditions of Approval Project name: Lot 23, High Point Subdivision File number: ZNCV 01-020 (lot frontage) Reference: Zoning Code Variance Application dated August 22, 2001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENG/NEERING DIVISION Comments: NONE X BU1LDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENV/I~ONMENTALIST 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 determined. ~ IDIh~ ~ O S \PLAN ~ MWR~p 8t : NIN G\S HARED\W P\PROJ ECTS\S HOWCASE CO NTR~i~ S OF APPROVAL ZONING CODE VARIANCE.DOC DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Quantum Park PID - Outdoor Storage APPLICANT'S AGENT: Robert J. Motchkavitz,P.E. APPLICANT'S ADDRESS: 2100 Park central Boulevard, North / Suite 900 - Pompano Beach, FI DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2001 TYPE OF RELIEF SOUGHT: Use approval LOCATION OF PROPERTY: Quantum Park PID. Lots 32-38, 68A-70, 72 and 73A-76 DRAWING(S): SEE EXHIBITS "A", "B" AND "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~(' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" 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 DATED: City Clerk STORAGEDevelopment Order. doc LOCATION MAP ~T IN :iTY' EXHIBIT "A" 'MI:ITr IF( OF (~1" iUANTUM PARK,] -- 'o 1/8 MILE,' x Ill 89/12/2801 14:49 ~549695552 PREN~ER COHNERCIAL R \ \ \ '\ \ '\ / ? EXHIBI EXHIBIT "D" Conditions of Approval Project name: Quantum Park PID - Outdoor Storage File number: USAP 01-002 (Use Approval) Reference: Letter of request from Robert J. Motchkavitz, dated August 10, 2001. 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 PLANN/NG AND ZONING 1. Items kept ~vithin those outdoor storage areas within direct view from 1-95 X or Quantum Boulevard shall not be stacked to exceed the 8' screen or to be visible from the adjacent corridor. 2. Storage areas shall be screened with fencing/slats w/th colors identical or to X appear similar to the rear facade of the respective building. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X DEPARTMENTS ADDITIONAL CITY COMMISSION CONDITIONS I To be determined. INCLUDE REYECT S:\Planning SHARED\WP\PROJECTS\QUANTUM PARK PID ~ OUTDOOR STORAGE conditions of approvakdoc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF ,BORON BEACH, FLORIDA PROJECT NAME: Castaneda Medical Building/NWSP 0%009 APPLICANT'S AGENT: Kres Mihelich APPLICANT'S ADDRESS: 232 Sandal Lane DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2001 TYPE OF RELIEF SOUGHT: Request approval to construct a 4,800 square-foot medical office on a 0.52-acre parcel. LOCATION OF PROPERTY: 250 SE 23r° Avenue DRAWING(S): SEE EXHIBIT "A", "B", and "C" ATTACHED HERETO. X THIS MATTER ~qme before the City Commission of the City of Boynton Beach, Florida appeanng 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 Appli.cant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by [he Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with th~i~j~rms and conditions of this order. 7. Other SAPlanning~SHARED~WP~PROJECTS~Castaneda Med. Bldg.,~Po~nt LLC~DeveloD.O~erCas~neda Med~] ~~9,~ LOCATION MAP Castaneda Medical Building EXHIBIT "A" REC',: PM ~/8 .... ~REC ' ~ 400.800 FEET X LU LU III EXHIBIT "C" Conditions of Approval Project name: Castaneda Medical Building File number: NWSP 01-009 Reference: New Site Plans with a date stamp of August 28, 2001. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Commcmts: 1. No utility plan was included with this submittal; therefore the Utilities X Department considers this plan incomplete as submitted. However, since this proposal is located where utility support is available, we are providing only a cursory review on the plan submittal. It is normally required that utility services be shown m order to assure that potential conflict with other utilities and/or landscaping are avoided. Provide the service locations to the respective buildings. 2. Fke flow calculation will be required demonstrating the City Code X requirement imposed by the insurance underwriters, whichever is greater (see CODE See. 26-16(a)). The Fire Department flow test indicates that only 714 g.p.m, is available to the site. It will be required to add another fire hydrant on the six-inch line to get close to the 1,500 g.p.m, requirement. This can be coordinated with the Utilities Department upon submittal of the detailed utilities plan(s). FIRE Comments: None X POLICE Comments: None X ENGINEEILt'-NG DIVISION Comments: 3. Add a note to the Landscape Plan that within the sight triangles there shall X be an unobstructed cross-visibility at a level between 2.5' and 6' above the pavement (LDR, Chapter 7.5, Article rf, Section 5.H.). 4. Applicant to add note" plug or remove any existing pipe attached to catch X basin to be removed." Conditions of Approval 2 DEPARTMENTS iNCLUDE REJECT BUII~DING DIVISION Comments: 5. At time of permit review, provide a completed and executed City unity of X title form. The form shall describe all lots, parcels or tracts combined as one lot. A copy of the recorded deed with legal descriptions of each property that is being un/fled w/Il be required to be submitted to process the forn~ The property owner tlmt is identified on each deed shall match. 6. At time ofpemnt review, submit signed and sealed working drawings of the X proposed construction. PARKS Al,rD RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNiNG AND ZONING Comments: 7. Submit colored elevations of all sides of the bu/ld/ng and sign prior to the Planning X and Development Board meeting. (Ch.4, Sec.7, Par. D.2.). 8. Submit a color sample of all major exterior £n:fishes. Each color sample shall be X labeled by name, color code and manufacturer. 9. The site plan must contain the designated Official Land Use of the adjacent propm'ties. X 10. Correct site plan label for the road to the south to N.E. 24t~ Ave. X 11. The parking lot drive~vay entrance along the northern property line shall be X constructed at least one hundred eight (180) feet from an intersection along collector streets or those of a higher classification. (LDR Chapter 23, Art. 11. H. 3.). Move driveway to meet minimum separation requirement, request and receive a variance for the minimum relief necessary to maintain driveway on north side of property, or remove the driveway and related parking spaces (removing parldng spaces would either require increasing parking spaces in the rear of project or reduction in building size to offset DEPARTMENTS INCLUDE REJECT parking reduction). ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments: NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. [qO~[~ ~0 S 5PlarmingxSI-IARED\WPkPRO JECTS\Castaneda Med. Bldg., High Point LLCSConditions of Approvai.doc