LEGAL APPROVAL
...~.~ ):
..
" .
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 15, 1990
f"-:-'"'" ,
Agenda or not on the Agenda be allowed three uninterupted
minutes to speak. Individuals or organizations making pre-
sentations to the Commission would have ten uninterupted
minutes to speak and then questions could be asked. From
Qenceforth, the written requests to speak must be submitted
before the Commission is finished with the OPENINGS portion
of the Agenda. Vice Mayor Wische seconded the motion which
carried 5-0.
Commissioner Weiner was concerned that some individuals
D\.ight be nervous and have difficulty expressing themselves
~n three minutes. The consensus was that the Mayor, as
qhairperson, could waive the time limit on his own volition.
That could be overridden by three members of the Commission.
~ikewise, if a person was cut off at the end of the three
~inutes by the Mayor, this could be overridden by three
~embers of ,the Commission.
I
!ater in the meeting, Former Mayor Ralph Marchese commented
n this topic. He didn't believe the intent of this was to
eep people from speaking. The fact that a waiver provision
as being included removed the stigma, in his opinion.
I
~IDS
I
*one.
*evelopment Plan
,
irOject Name:
gent:
wner:
ocation:
I
Ij>escription:
I
Hampshire Gardens
Thomas Avalle, president
Hampshire Gardens, Inc.
East side of South Federal Highway,
south of S.E. 23rd Avenue
SITE PLANS: Request for site plan
approval to construct a 644 sq. ft.
clubhouse addition.
*' is item was pulled from the Consent Agenda in order to
iscuss it early in the meeting. The Planning and Zoning
oard unanimously recommended approval of this project, sub-
ect to staff cqmments. '
I
!'iCe Mayor Wische moved to approve the addition of the
lubhouse. Commissioner Olenik seconded the motion which
.arried 5-0.
i
PUBLIC HEARING
!
i
~. project Name:
Agent:
Owner:
Water's Edge Marina
Craig Livingston, A.I.A.,
McDonnell, Inc.
J & J Ventures of Florida
Burns &
3
.. .. ~ ~ )
., ,
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 15, 1990
could,be decided if the abandonment or license agreement for
N.E. 6th Ave. was more appropriate. The recommendation of
the Planning & Zoning Board was that the applicant could be
granted a license agreement and they recommended denial of
the abandonment. Staff made three recommendations in con-
nection with the abandonment. The Planning Dept. recom-
~ended a license agreement be granted as opposed to the
~bandonment. The Engineering Dept. recommended approval
subject to dedication of the easements and other comments.
the Utilities Dept. recommended the issue be postponed until
the utilities in the right-of-way (abandonment) were pro-
perly located and surveyed. Either the abandonment or a
license agreement would be necessary to approve the plan as
proposed. Of the options available, the applicant favored
the license agreement.
9ity Manager Miller referred to a May 14, 1990 letter from
~raig Livingston which indicated the applicant would like to
request that the dredge and fill permit be approved con-
~urrent with the site plan approval, to save time. The
$ayor remarked this should be included in the motion, if
approved.
Mayor Moore asked if there was anyone present who wished to
$peak in favor of the application.
Virginia Foot, president of the Chamber of Commerce remarked
~he Chamber supported the Water's Edge project as a tangible
first step toward downtown revitalization.
i
~ormer Mayor Ralph Marchese, 1901 S.W. Roma Way, Boynton
_Jeach urged the Commission to approve this project, subject
to staff comments.
~ichard Gram, Chairman of the Community Redevelopment
A~ency-Commercial stated the CRA-Commercial had completed
-its review of this project and recommended approval.
The Mayor asked if there was anyone present who wished to
speak in opposition to the project. As there was no
I .
~esponse from the aud~ence, THE PUBLIC HEARING WAS CLOSED.
Craig Livingston, Architect for the project indicated they
had no problem with staff comments and they were working
dut solutions. The drawings are on record as to what they
plan to build. Mr. Livingston indicated he was in agreement
~ith the license agreement with the City to construct the
proposed improvements within the existing right-of-way.
~he Mayor asked Mr. Livingston if he was in agreement with
the recommendation on the abandonment as per the license
~greement. Mr. Livingston replied they were willing to
withdraw that or do whatever the City required in that
5
....,., '" J
~ .
--
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 15, 1990
regard. They just wanted to be able to park on it and fix
it up. Whether it was abandoned or whether they used an
agreement didn't matter. This could be worked out.
Mr. Livingston indicated the project had been renamed the
Lighthouse Square Marina.
Motion
Commissioner Weiner moved to approv~ the project, including
the license agreement and including the dredge and fill
approval which will supplement it. Vice Mayor Wische
~econded the motion. It was clarified that this approval
~ncluded the conditional use, the site plan, the abandonment
~nd the dredge and fill. Attorney Cherof indicated
approving these at the same time was consistent. The Mayor
called for a vote on the motion. The motion carried 5-0.
The Mayor commended the developer and felt the project would
prove to be a flagship in the downtown area.
c. project Name:
Agent:
Owner:
Location:
Alhambra Square North
Robert A. Eisen, Esq.
Milnor corporation
South Congress Ave. at Golf Rd.,
northeast corner
REZONING: Request for rezoning from
R-lAA (PUD) to C-1 (Office
Professional) in connection with a
Stipulation and Settlement Agreement.
Description:
D. project Name:
Agent:
Owner:
Location:
Alhambra Square South/ACLF
Robert A. Eisen, Esq.
Norman & Elishka J. Michael
South Congress Ave. at Golf Rd.,
southeast corner
REZONING: Request for rezoning from
R-1AA (Single Family Residential) to
R-3 (Multi-Family Residential) in
connection with a Stipulation and
Settlement Agreement.
Description:
~im Golden, Senior Planner explained items C. and D. were
tezonings in connection with the property at the northeast
~nd southeast corners of Congress Ave. and Golf Rd. These
iere submitted in connection with the Stipulation and
ettlement Agreement in reference to the City's
omprehensive Plan. After conducting Public Hearings on
hese requests, the Planning & Zoning Board recommended
~pproval of the Alhambra Square North petition and denial of
the Alhambra Square South/ACLF petition. The recommendation
for denial was based on residents/concerns.
6
\ \
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 15, 1990
Mr. Golden explained the land use plan was changed prior to
forwarding the Comprehensive Plan to the State to incor-
porate the land use that reflected the Stipulation and
Settlement Agreement. The rezoning was now being addressed.
In connection with the Alhambra Square North petition, Mayor
~oore asked if there was anyone present who wished to speak
in favor of or in opposition to the petition. As there was
~o response from the audience, THE PUBLIC HEARING WAS
<tLOSED.
i
$otion on Alhambra Square North
Vice Mayor Wische moved to accept the favorable recommen-
4ation of Planning & Zoning to change the zoning.
~ommissioner Artis seconded the motion.
i
Attorney Robert Eisen was asked if anything had changed
$ince the Commission approved the Land Use Element.
Attorney Eisen replied there had been one minor change. On
~he Declaration of Restrictions, which was part of the
$ettlement, the uses of the property were limited. They had
,dded one use, a public pharmacy. This would be conducive
with a medical office building. Other than that there had
J\>een no changes from the documents the Commission reviewed
~n October, 1989. Tim Cannon, Interim Planning Director
~ndicated a pharmacy is a permitted use in C-l.
tttorney Eisen was asked if there had been any changes in
~onnection with the Alhambra Square South/ACLF petition.
Attorney Eisen indicated there had been no changes.
i
I
Mayor Moore called for a vote on the Alhambra Square North
$otion. The motion carried 5-0.
I
I
fnconnectionwith the Alhambra Square South/ACLF petition,
tttorney Eisen indicated the zoning was the result of the
~tipulation entered into after numerous meetings with the
~olfview Harbour community. A Declaration of Covenants and
Restrictions could be applied for the property, regulating
~he use. One provision was that parameter landscaping be
~eveloped with the governing associations and be installed
~nd paid for by the developer. They also had limitations on
the pitch of the roof and the height of the buildings.
tttorney Eisen believed at the time, there was a general
fonsensus of the surrounding property owners as to the
fcceptability of this use. The stipulation was not incor-
~orated into a Court Order. Mr. Eisen indicated at Mr.
,ea's request they had signed the stipulations and they were
o/aiting for final approval by the Commission to formally
dismiss the suit.
7
Commissioner Weiner referred to several residents in this
area who had put their homes up for sale because of this new
permitted use and what they anticipated the future would
hold. She felt badly for these residents and her vote would
be predicated on that. Other remarks were made by the
Commissioners.
Mr. Bob Borovy, 2521 S.W. 11th Street, Boynton Beach former
Vice President of the GOlfview Harbour Homeowners
~ssociation indicated they had finally come to an agreement
~nd if these stipulations in the Settlement Agreement were
lived up to, they could live with the results.
~ayor Moore asked if there was any further public input on
the Alhambra Square South/ACLF petition. As there was no
response from the audience. THE PUBLIC HEARING WAS CLOSED.
....~ 'L.
'.
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 15, 1990
Commissioner Weiner referred to several residents in this
area who had put their homes up for sale because of this new
permitted use and what they anticipated the future would
hold. She felt badly for these residents and her vote would
be predicated on that. Other remarks were made by the
Commissioners.
Mr. Bob Borovy, 2521 S.W. 11th Street, Boynton Beach former
Vice President of the GOlfview Harbour Homeowners
~ssociation indicated they had finally come to an agreement
~nd if these stipulations in the Settlement Agreement were
lived up to, they could live with the results.
~ayor Moore asked if there was any further public input on
the Alhambra Square South/ACLF petition. As there was no
response from the audience, THE PUBLIC HEARING WAS CLOSED.
!
I . /
~ot~on on Alhambra Square South ACLF
i
Vice Mayor Wische moved to approve the plan as requested by
~he applicant. Commissioner Olenik seconded the motion
o/hich carried 4-1. Commissioner Weiner voted agai~st the
motion.
Mall Corner Restaurant
Kieran J. Kilday, Kilday & Assoc.
Mall Corner, Inc.
Old Boynton Road at Winchester Park
Blvd., southwest corner
LAND USE ELEMENT AMENDMENT/REZONING:
Request to show annexed land as
"Local Retail Commercial" and to
rezone from AR (Agricultural
Residential) to C-3 (Community
Commercial.
~im Golden, Senior Planner explained this property was
~urchased by the current owner from the Florida Public
Jtilities Co., who still retains a parcel near the northwest
orner with a facility on it. Staff analysis of the land
se category requested was not required as the proposed land
tse was consistent with the Comprehensive Plan. The Future
and Use Element support documents in the Comprehensive Plan
equire that parcels in this area be zoned PCD. Since the
arcel was less than 3 acres in size, which is required for
~ezoning to PCD and is under different ownership from the
$urrounding parcels, the Commission allowed the applicant to
*roceed with the C-3 zoning when they appeared before the
~ommission on March 6, 1990. The applicant had submitted a
text amendment to clean up this issue and this is scheduled
~or hearings in June, 1990. After conducting a Public
Hearing, the Planning & Zoning Board unanimously recommended
t. project Name:
! Agent:
Owner:
Location:
Description:
8