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LEGAL APPROVAL MINUTES OF ~-": PlANtU\tG AND DEVELOPMENT BOAR'-'1EETING HELD IN COMMISSI~" CHAMBERS, CITY HALL, BOYNTON B~CH, FLORIDA, ON TUESDAY, JANUARY 10, 1995, AT 7:00 P.M. PRESENT Gary Lehnertz, Chairman Stanley Dube, Vice Chainman Jim Golden Tom Walsh Bradley Weigle Maurice Rosenstock Pat Frazier, Alternate Tambri Heyden, Planning and Zoning Director Michael Rumpf, Senior Planner PLEDGE OF ALLEGIANCE Vice Chairman Dube called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS This item is addressed later in the meeting. AGENDA APPROVAL Mr. Rosenstock moved to approve the agenda as presented. Mr. Walsh seconded the motion, which carried unanimously. Chairman Lehnertz arrived for the meeting. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Lehnertz introduced the members of the Board. APPROVAL OF MINUTES Vice Chainman Dube moved to apprOve the minutes of the December 13, 1994 meeting as submitted. Mr. Rosenstock seconded the motion, which carried unanimously. COMMUNICATIONS AND ANNOUNCEMENTS A. Report frOl the Planning and Zoning Department 1. F1na' Disposition of Last Month's Agenda Items Ms. Heyden reminded the members that five (5) agenda items were addressed last month. Two of the items were master plan modifications for Woolbright Place and Bethesda Memorial Hospital. Those two items did not move forward to the City Commission since they are disposed of at the Planning and Development Board. Listed below is the final disposition of the remaining three (3) items addressed by the Board at its December 13th meeting: - 1 - ,! ] ~ (ill f2 U r[' f2 ;:.~.;.- , 11_ ~ \f' ~ . , I' D ~.~, c:> l '.: '- !.:.. d ll.! . ll~ ,; . I \1 - ; IU ...fAll If', PL.~NNjHG Ai\.:, zr;(i!~;G CfPT ..---~-- '"- - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH t FLORIDA DECEMBER 6. 1994 V. BIDS None. VI. PUBLIC HEARING None. VII. PUBLIC AUDIENCE Elizabeth Jenkins, 711 N. W. 1st Street, stated that Boynton Terrace Apartments, which is owned by the County, is the worst-looking place in the City, and the seagrapes are not maintained. She asked the Commission to look into this matter. Mrs. Jenkins would also like the Commission to look into the main- tenance of Martin Luther King Boulevard. She stated that 10th Avenue, of which Martin Luther King Boulevard used to be a part, runs from the west to the east. The only part that is taken care of is the part from Seacrest to Railroad Avenue. Charlotte Wright, 23 Crossing Circle, was involved in an automobile accident on November 10, 1994. She explained how she was mistreated by Quik Arrival Towing and the Police. She finally retrieved her. automobile; however, Quik Arrival did not return her car keys. City Manager Parker advised that Ms. Wright came into her office the day after this incident. She immediately called the Police Department (Internal Affairs) and directed them to walk Ms. Wright over.to Qu1k Arrival to get her car, and then to turn in a report on Quik Arrival to Wilfred Hawkins, the Assistant to the City Manager. City Manager Parker said she advised Ms. Wright to call her if she had any further problems; however, she had not heard anything from her. City Manager Parker will continue to follow-up on this matter. In response to Mayor Pro Tem Bradley, City Manager Parker advised that Quik Arrival is on probation. If this complaint turns out to have any validity, it will be recommended that they be'removed from the City's towing list. Commissioner Katz said he voted against putting Quik Arrival on the rotation list. He stated that the reason Quik Arrival went on probation is because they overcharged numerous customers. VIII. DEVELOPMENT PLANS A. Master Plan Modification - Bethesda Hospital Tambri Heyden, Planning and Zoning Director, stated that Bethesda Memorial Hospital is requesting approval to modify their previously-approved master plan for their PUD. The property is located directly south of Golf Road and west of S. W. 2nd Street. The modifications requested are the addition of a thenmal water storage tank, establishment of setbacks and a height for that storage tank (40' side setback - 8 - MINUTES - REGULAR CITY COII4ISSION MEETING BOYNTON BEACH. FLORIDA DECEMBER 6. 1994 on the west side, a 17.2' rear setback on the south, and a 25' height limit on the tank). There was a 1983 settlement agreement, which staff reviewed this request against. Also, subsequent to that agreement was a rezoning from R-1-AA to PUD. That rezoning was consistent with the stipulated settlement agreement. The reason that this tank is requested is because FPL has an energy conservation program and the intent is to chill water at the least expensive use period and store it in the tank. Then the chilled water is circulated to the building's air conditioning system to cool the building. The storage tank is a stand alone structure. It is 65 feet in diameter and 25 feet tall. It is cylindrical in shape and there are no mechanical appurtenances attached to it. With respect to the changes that have been requested, the use would not adverse- ly affect the adjacent residences if such things as noise and safety hazards can be mitigated. Staff feels the applicant has made a great attempt to mitigate these impacts in a number of ways. First, the tank will be double walled in the unlikely event that the tank ruptured. There is also an existing benm area that would further mitigate any flooding that might occur. The property slopes down- ward to the adjacent residences. The scale of the structure has been subdued with supplemental landscaping to the existing benm. Regarding the 40' west side setback, there are no minimum PUD setbacks. How- ever, the stipulated settlement agreement did establish a 40' wide landscape buffer. As part of the site plan process, the applicant increased the setback to 40' so it does not encroach the buffer. Regarding the 17.2' rear setback on the south, this PUD abuts the main hospital, which is zoned PU (Public Usage). The property really visually reads as one piece of property, so staff does not see a problem with the 17.2' setback either. Regarding the height, the appli- cant lowered the height to 25'. This is the height that was required as part of the settlement agreement for other structures which were not constructed and were switched out to different uses, namely the day care center that was built a couple of years ago. Therefore, staff feels they have made a great attempt to discourage impacts that were greater than anticipated. The Technical Review Committee recommends that the City Commission make a finding of no substantial change and that it be forwarded to the Planning and Development Board for final approval with staff comments (Utility Department Memorandum No. 94-378, Forester Memorandum No. 94-407, and Planning and Zoning Department Memorandum dated December 1, 1994). This recommendation is based on the detenmination from staff that it meets the stipulated settlement agreement and the original zoning conditions and that measures have been taken to preserve the integrity of the adjacent residential neighborhood. Commissioner Katz questioned the location. A representative of Bethesda Hospital circulated photographs depicting the location. He submitted two of them to the City for their records. - 9 - MEETING MINUTES DATE: October 20, 1994 PLACE: City Hall, Boynton Beach A TTENDEF.S: Mike Haag Boynton Beach Planning & Development Bruce Mandigo 1 Bethesda Memorial Hospital , Greg Hall Ralph Hahn & Associates '1?'1'1'1:'~, lfift~ The meeting was conducted in the office of the Planning and Developing Board of the City of Boynton Beach to discuss the potential planning and zoning approval of the thermal storage tank for Bethesda Memorial Hospital, 1, Mike explained that the hospital property was split into two zones, the south zone and the north zone, The storage tank is immediately north of the dividing line between the north zone and the south zone, This places the storage tank in the northern property zone. 2, Mike explained that this northern zone was developed as a planned unit development (PUD), 3, This property was zoned as a planned unit development via a court order resulting from a lawsuit between the City of Boynton Beach and Bethesda Memorial Hospital, 4, This court order contains stipulations for the function and aesthetics of this particular property zone, 5, Approvai for the storage tank will have to be established at the master plan level. All the stipulations of the original court order must be complied with or variances must be detailed and then agreed to by the City, 6, Mike promised to FAX me a list of all the master plan modification requirements, 7, Bruce will search for the signed court order agreement between the City of Boynton Beach and Bethesda Memorial Hospital, in order to determine the exact stipulations governing development of this zone, oom rn D ~rf:l OCT 3 I '994 ; i. ;L...": PlANz NING AND ONJNG DEPT. 8, If the master plan package can be submitted to the City of Boynton Beach by the 8th of November, this will support a December 6th meeting of the City Commission, If the storage tank is approved by the City Commission on December 6th, then December 13th final approval will be granted by the Planning and Developing Board. GLH/jc cc: All Attendees William C, Bradford, P,E, r-- Ie lIM1AA'1 Pt..r-- IJt:'f1IM/kJ I:b. ~. _~~ ~ ~~ {/{44/ - 8:::r"'t~b(1/~'hL - l.4~t.f~ ~~? f,c./,6L(. ~ . /jVc...tv~'1I4 ~ MY' (~J R46/pa;,... ~f MINUTES OF THE PLANNING AND ZONING BOARD HELD AT CITY HALL, ; . 7 BOYNTON BEACH, FLORIDA, TUESDAY, MARCH 13, 1984 AT 7:30 P.M. ~JU~~ ~S PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Ezell Hester Caesar Mauti Robert Wandelt Lillian Bond Walter Kies Carmen S. Annunziato Planning Director Tim P. Cannon Senior City Planner ABSENT Ronald Linkous - Excused Chairman Ryder called the meeting to order at 7:30 P.M. and after introducing members of the Board and the recording secretary, he acknowledged the presence of Vice Mayor Zimmerman, Councilmen Joe deLong and Nick Cassandra, and City Manager Peter L. Cheney. APPROVAL OF MINUTES Meeting of February 14, 1984 - Mr. Hester moved that the minutes of the meeting of February 14th be approved, seconded by Mr. Kies. Motion carried 7-0. Meeting of February 23, 1984 - Caesar Mauti was excused from this meeting, however the minutes did not reflect this. With this correction, Mrs. Bond moved that the minutes be approved, seconded by Mr. Hester. The motion carried 7-0. ANNOUNCEMENTS None COMMUNICATIONS None OLD BUSINESS None ;; w w MINUTES OF THE PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA March 13, 1984 NEW BUSINESS PUBLIC HEARING Parking Lot Variance PROJECT NAME: AGENT: Lucille & Otley's Restaurant J. O. Scott LOCATION: DESCRIPTION: 1021 S. Federal Highway Relief from Article X, Section 5-141: (a) Lighting (e) Drainage (f) Parking Lot Construction (g) (3&5) Driveways (h) (1) Parking Lot Layout Section 5-143 LEGAL DESCRIPTION: (d) Materials cross-section (m) Paving and drainage plans (0) Existing elevations Lots 14, 15, 16, 17, 21 PARKER ESTATES Recorded in Plat Book 10, Page 37 Palm Beach County Records Lots 1 and 2, Block B HATHAWAY PARK Recorded in Plat Book 13, Page 17 Palm Beach County Records Mr. Annunziato explained that what the applicant was requesting to do was-to close the service area that appears in the northwest corner of the property. Because this was a cosmetic proposal and no square feet were being added to the restaurant use, he said that the Technical Review Board was recommending to the Planning and Zoning Board that the variances be approved. Mr. Scott, agent, came forward and indicated that Mr. Annunziato had explained sufficiently what he was proposing to do. He said that this was a cosmetic change that would merely improve the appearance of the building and parking lot. -2- MINUTES OF THE PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA March 13, 1984 Chairman Ryder asked Mr. Scott how long he had been in the area and Mr. Scott said he has been here since 1947. Mr. Scott was asked if the seating was to be increased in the restaurant, and he said no. Mr. Annunziato then said that this was the basis of the positive recommendation for approval in that the use was not being intensified. No one came forward to speak either in favor or opposition to this request, and Chairman Ryder closed the public hearing. Mr. Wandelt made a motion to approve this request for parking lot variances and Mrs, Bond seconded, The motion carried 7-0. SUBDIVISIONS Pre-Application PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Willowood Park Christopher V. Hurst, P. E. Contemporary Community Concept Corp. S.W. 30th Avenue; south of palmland Villas Concept plan for 21 homes, 10 duplexes plus 1 single-family on 3.7 acres Mr. Annunziato explained where this parcel of land was located, and indicated that this proposal came to the Planning and Zoning Board with a positive recommendation, subject to staff comments. Fire Department Utilities Name change Sewer and water details revised to meet City standards Name change Police Christopher Hurst came forward and was asked if there was going to be any problem changing the name of the project, and he said probably not, that he understood how the police and fire departments could have problems. There was some discussion about an access road, however there were no problems affiliated with this. Mr, Mauti made a motion to approve this request subject to staff comments and seconded by Mr. Hester. Motion carried 7-0. -3- .' ~ .., MINUTES OF THE PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA March 13, 1984 Master Plan PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Willowood Park Christopher Hurst, P. E. Contemporary Community Concept Corp. S. W. 30th Avenue; south of palmland Villas Conceptual design plans which provide for the construction of 21 homes on 3.7 acres Mr, Annunziato said that there was a relatively straight forward approach regarding this master plan and that the plans were satisfactory except, once again, for the sewer and water details that must be re- vised to meet City standards. Subject to the utility Department's comments, the Technical Review Board recommended a positive recommenda- tion by the Planning and Zoning Board. There was no discussion on this matter, and Mr. Mauti made the motion to approve this request, seconded by Mrs. Bond. Motion carried 7-0. Preliminary Plat PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Bethesda Memorial Hospital Russel Clayton, Administrator Southeastern Palm Beach County Hospital District 2815 S. Seacrest Boulevard Preliminary Plat document and construction plans for the infrastructure improvements to serve the Bethesda Memorial Hospital Planned Unit Development Mr. Annunziato explained that this was the property recently rezoned for hospital use by the City Council. After review by the Technical Review Board, he said that this request came with a positive . recommendation, subject to staff comments that he did not believe the applicant would have any quarrel with. (Fire, utility & Police Depts.) Kieran Kilday, the land planner for this project came forward and said that he was familiar with the recommendations of the Technical Review Board and that he did not have any problem with any of them. The Board did not have any questions. Mrs. Bond made the motion that to recommend approval of this request, subject to staff comments, seconded by Mr. Hester. Mr. Mauti abstained, The motion carried 6-0. -4- MINUTES OF THE PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA March 13, 1984 Site Plans LOCATION: DESCRIPTION: Bethesda Memorial Hospital Kieran Kilday Southeastern Palm Beach County Hospital District 2815 S. Seacrest Boulevard Construction of landscape buffer, wall, radiation therapy facility, parking lots, utilities and driveways. PROJECT NAME: AGENT: OWNER: Mr. Cannon gave this presentation indicating that this was the property to the north of the hospital where the radiation therapy facility would be located, as well as a portion of the parking lot. He said that this site plan came to the Board with a positive recommendation, subject to staff comments. (Engineering, Police and Planning Depts.) Mr. Kilday wanted it put in the public record that earlier in the week he had had meetings with adjacent homeowners on both the east and west side, who would be most directly affected by the new construction of Phase I. Discussed at these meetings was the wall and the wall landscaping as well as the order in which this was going to happen. First he said would be the construction of the entrance of Golf Road for construction traffic. In conjunction with this would be the asphalt area where there was the abandoned road. This asphalt area wou14 be taken up. Next would be the beginning of construction of the radiation thereapy building. Simultaneously both walls will be constructed that run from property line to property line on both sides. Also at this time will be part of the parking area. All remaining parking areas will not be done until all of the walls are completed. Finally will be the actual site work which includes parking lot construction. Mr. Mauti pointed out a potential opening for a road at 23rd Avenue. Mr. Annunziato said that he could not foresee this as a problem, because if it opened up as a road it couldn't go anywhere except to 24th and 25th Avenues. Further, any configuration such as this would have to be approved by the City Council, and this was negligible. Mr, Kilday pointed out a retention area to Mrs. Bond who indicated concern of elevation at Ridgewood Estates. Mr. Wandelt wanted to know about the abandonment of 24th and 25th (SW) Avenues, as mentioned in the memo from the Engineering Department, Mr, Annunziato said that some terminology needed to be added to the platted document to indicate that by this replat these roads were being abandoned. -5- ~ ., MINUTES OF THE PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA March 13, 1984 This would then constitute the latest land record on file, There being no further questions, Mr. Wandelt made the motion to recommend approval, subject to staff comments seconded by Mr, Hester. Mr. Mauti abstained and the motion carried 6-0. DESCRIPTION: James Building Donald E. Bryan Cornerstone Investments, Inc. West Boynton Beach Boulevard across from Galaxy Elementary Construction of a 6,753 sq. ft. office building PROJECT NAME: AGENT: OWNER: LOCATION: Mr. Annunziato explained that two houses just east of 1-95 had been demolished recently and this was the proposed site of this building. Mr. Cannon explained that this request was for a two-story office building with the office space all on the second floor. The first floor is actually under-building parking. Mr. Cannon then read the staff comments. (Building, Engineering Depts., Energy Coordinator) Mr. Bryan, agent, carne forward and brought out a colored rendering of the elevation to show the Board. He proceeded to say that basically he concurred with staff comments and that in fact some of the changes had already been made. Mr.. Hester wanted to know how many offices there would be in the building and after he was told approximately four, there was no further discussion on this matter. Mr. Wandelt made the motion to recommend approval of this request subject to staff comments and it was seconded by Mr. Kies. The vote carried 7-0. DESCRIPTION: 3000 Building Jacob Kushner Jacob Kushner East side of High Ridge Road, south of Miner Road Construction of a 15,664 square foot industrial warehouse building PROJECT NAME: AGENT: OWNER: LOCATION: Mr. Cannon gave the presentation indicating that this warehouse is approximately 181 high and will have about 17 bays. Mr. Cannon then read the staff comments. (Building, Planning, Depts., Forester, Energy Coordinator, and Engineering Department) . Mr. Kushner carne forward and said that he did not have any problem complying with the staff comments. Chairman Ryder wanted to know if any manufacturing would be done in the building and he was told no. -6- MINUTES OF THE PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA March 13, 1984 Mrs. Bond made the motion to recommend approval of this request subject to staff comments, and Mr. Wandelt seconded the motion. The motion carried 7-0, PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Devonshire Industrial Building Burton Metch Devonshire Properties, Inc. S.W. 30th Avenue at S.W. 13th Place Construction of a 28,160 square foot industrial warehouse building Mr. Cannon, in his presentation said that this was a one-story, 19 foot warehouse with 16 bays with two entrances. Also, there was a total of 57 parking places, He then read the staff comments from the Building, Fire, Utility, Police, Public Works, Planning, and Energy Departments. Mr. Metch came forward and indicated that he would concur with staff comments. Chairman Ryder wanted to know if this was the first situation where a special inspector would be required, and Mr. Annunziato indicated that there were several projects going on which had this requirement, There was little discussion on this project and Mr. Mauti made the motion to recommend approval, subject to staff comments, which was seconded by Mr, Hester. The motion carried 7-0. PROJECT NAME: Boynton Beach Mall site Plan Modification David H. Curl Boynton-JCP Associates, Ltd. Congress Avenue at Old Boynton Road Construction of Lord & Taylor and J. C. Penney's department stores plus adjustments to square footage landscaping AGENT: OWNER: LOCATION: DESCRIPTION: Mr. Cannon in his presentation, indicated that within this modification there were some minor modifications in the layout of the parking lot and an overall adjustment of the entire floor plan of the mall from 1,249,000 square feet to 1,247,000 square feet. Lord & Taylor will be on the west side of the mall and will occupy 100,000 square feet and the height is going to be 48'-10" which will necp~~i~~te a height exception from the City Council. This, [~,I.~~lreqUire a recommendation from the Planning and \~ .I! ':1:)(\ ..; lL~-. . -7- ...., -' MINUTES OF THE PLANNING AND ZONING BOARD BOYNTON BEACH, FLORIDA March 13, 1984 The J. C, Penney store is going to occupy 138,464 square feet and will require a height exception along with Lord & Taylor as it is 47 feet high. (Both height exceptions are for cooling towers). Because of this modification the configuration of the parking lot changes. Mr. Cannon then said that regarding staff comments, the only comment was from the Planning Department, Mr. Annunziato addressed the Board reminding them that when the original site plan of the mall was approved, it was done with the knowledge in mind that there would be some modifications and changes to more clearly meet specific needs. Mr. Annunziato then pointed out, as did Mr, Cannon the cooling towers and the required height exception from the City Council. No one had any questions for the applicant, however, they did want to know when to except an opening date which was given as August 1985. Mr. Wandelt made the motion to recommend approval subject to approval of the height exceptions for the cooling towers, seconded by Mr. Kies. The motion carried 7-0. Prior to adjourning, Chairman Ryder reminded the Board that this would be the last meeting that they would have before the City Council reappointed the members or appointed new ones. He told the Board that their work was exemplary and how in most cases the City Council approved the Board's recommendation. He then thanked everyone and said it was his privilege to head up the Board. ADJOURNMENT There being no further business to come before the Board, the meeting was duly adjourned at 8:50 P.M. Respectfully submitted, a/h~i(~.~ Barbara K. Schwe fager -8- ;). /<IOf?~4blJ~" ? '1_10 JZuTuP~ 1...4,u() tJ1~f ~. 1'3 d #~ f4AlJi <tJb ~ - , I f.::. ~-'Vf5 R -I A IJ TO pU'/J L l.I J G:. t tIS- 'KrJ~/)J~ ?''''-/~ I/}/Z-IC,,,,- 1M d.) r ~ h ~/? MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, MARCH 6, 1984 PRESENT James R. Warnke, Mayor Carl Zimmerman, Vice Mayor Nick Cassandra, Councilman Joe deLong, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Warnke welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation this evening will be given by Rev. Ken Ferguson, Pastor, Ascension Lutheran Church, followed by the Pledge of Allegiance to the Flag. After the invocation, Rev. Ferguson expressed appreciation to the workers and representatives of the city and announced their new church building is now completed. He then distri- buted brochures to the city officials. AGENDA APPROVAL Mayor Warnke requested items A-I and E to be deleted from the Consent Agenda for consideration after the consent agenda. Councilman deLong referred to the request for a certificate of appreciation under New Business and stated he would also like to include the name of that eagle scout, who has done an outstanding jOb for the city. Mr. deLong then referred to receiving a communication from the M.F.O.A. Recognition Achievemept program where they have recognized our Finance Director and he would like this read in its entirety under announcements. Mr. Cheney stated he would like to add under Bids a bid just received for trap sand at the golf course. Also, under Announcements, he would like three certificates distributed to employees who have completed supervisory courses at Palm Beach Junior College. Councilman deLong moved the adoption with the additions and deletions, seconded by Councilman Wright. Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke announced a General Election will be held on March 13, a week from today, for not only democratic nomina- tions to the national convention, etc., but also a local election for representatives from Districts II~nd IV plus referendum questions and a straw ballot question. He urged everybody to vote on March 13. *Correction - see minutes of 3/20/84 - 1 - 'W REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA ., MARCH 6, 19"84 The Mayor read a Proclamation proclaiming the week of March 4, 1984, as Women's History Week. Mayor Warnke read a Proclamation proclaiming March 9 through March 11, 1984, as Delta Weekend. Mayor Warnke announced the Leisureville V.F.W. Post 10150 is sponsoring a veterans information forum at the Boynton Beach Civic Center on Saturday, March 10, 1984, from 9:00 A. M. to 12:00 noon. Congressman Dan Mica, Chairman of the Veterans Affairs Committee, Washington, D. C. and representatives of the Veterans' Administration will be present. He urged veterans and veterans' wives to attend to obtain information and have questions answered. Mayor Warnke announced that we recently received the annual fiscal report of the City of Boynton Beach prepared by the Finance Department under the direction of Mr. Grady Swann. He commended Mr. Swann on the efforts put forth. He then read a letter from the Municipal Finance Officers Association Professional Achievement Recognition program. Mayor Warnke referred to the Department of Transportation holding a meeting this afternoon regarding the location of the bridge over the Intracoastal and advised that many pros and cons were presented. No decision was made this after- noon. D.O.T. indicated they would have a decision in about ten days. The Mayor complimented the Chamber of Commerce, Parks and Recreation Department and especially Eleanor Wollenweber on the wonderful job they did at the G.A.L.A. this past weekend. Mayor Warnke presented three certificates to employees who attended a course in supervisory practices at Palm Beach Junior College. MINUTES Regular city Council Meeting Minutes of February 21, 1984 Mr. Cassandra referred to page 7, Approval of Bills, middle of page, and advised where it says Mr. Cassandra referred to Mr. Sullivan's memo, it should be Mr. deLong. Mr. deLong moved adoption of the minutes with this correc- tion, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 CITY MANAGER'S REPORT Mr. Cheney referred to this being the third year for the G.A.L.A. and stated the people didn't just do a good job, but showed expertise in a quality effort with being well organized. He then commended the various departments and people involved. Mr. Cheney announced that today we received word that the Governor's committee approved the $212,000 grant from the state for the boat ramp park. This is a high percentage of what we applied for. We will take this money and combine it with additional money and put together the project discussed. The next step is to select a consultant to do the final design work and he explained to meet various stan- dards. Mr. Cheney reported the annual auction raised $2,798 last week. PUBLIC AUDIENCE Mayor Warnke recognized the presence of Ms. Janet Olin in the audience, representing Representative Frank Messersmith. Mayor Warnke announced that anyone wishing to speak on any item not on the agenda may come forward at this time. He added if there is an item on the agenda someone wishes to speak on, they may give their name to the City Clerk to be called upon at that time. Chanteclair Villas Sign Mrs. Dorothy Cox, Board of Directors for Chanteclair Villas, told about having a sign installed on Charter Drive last November. In February, they received communications from Mr. Bert Keehr and Mrs. Dorothy Moore advising they are in violation with not having obtained a permit, not submitting a site plan, etc. She explained how they had entered a contract with Rainbow Signs and thought this had all been taken care of. They request some relief from this problem. They also understand there is a $200 fee to be paid, which they knew nothing about, and request the Council to consider waiving the fee and allowing the sign to stay. Mayor Warnke replied at the present time, he would like to defer this to the City Attorney. He feels this is a civil matter between Chanteclair Villas and the sign company. He does not believe this is within the Council's realm. - 3 - ~ ... REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman deLong referred to the sign company having com- mitted a violation of the city ordinances and stated he understands the Building Department has notified the company about this. Mr. deLong moved that the fee be waived and absolve these people, seconded by Mr. Cassandra. Under discussion, Mr. deLong added that it is an attractive sign and the Building Department is satisfied with the installation. Mayor Warnke requested an opinion from the city Attorney on this action and Mr. Vance replied that he has a total lack of factual information on this. Mr. deLong stated it would appear the City Council has jurisdiction on a case like this. Mayor Warnke asked if the city Manager cared to comment and Mr. Cheney advised there are two issues to be considered, one is the fee and the other is the provisions of the ordi- nance. The ordinance was amended to include special signs of this kind in public rights-of-way, but they should be approved by the City Council after a recommendation from the Planning & Zoning Board, Technical Review Board and community Appearance Board. After that, the applicant would enter a license agreement stating the terms and condition of the sign. None of this has happened. Mr. deLong referred to the sign being erected and inspected by the Building Department and being found to be satisfac- tory and Mr. Cheney explained that the board approval pro- cess had not taken place. He added that several weeks ago, a request was made to waive a permit fee and this could not be done. Mr. Vance advised because we have specific ordinance requirements which must be met, he thinks those should be processed even if after the fact. If there is a reasonable possibility of obtaining the fee from Rainbow Signs, it should be pursued. If the fee is waived, it would be waived for everybody and we would be unable to get it from Rainbow Signs. He thinks this should be delayed until a deter- mination is made under the ordinance, even though after the fact. The opportunity should be left open to get the fee out of Rainbow Signs. Councilman Cassandra then withdrew his second and Councilman deLong withdrew the motion. Mrs. Cox informed the Council that the Building Department sent a letter to Rainbow Signs asking them to take the sign down. Mr. Cassandra requested the city Manager to notify - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1~84 the Building Department to withhold judication on this. Mr. Cheney replied that we will not take the sign down. Councilman Cassandra recommended to Chanteclair Villas to go through the regular board procedure, so there is no problem next month. If this process creates a problem, then it would be appropriate to come to the Council and request relief. Mr. deLong referred to a fee being required to go through this procedure and Mr. Cheney suggested the fee be obtained from Rainbow Signs. Mr. deLong suggested that the fee be delayed. vice Mayor Zimmerman asked if Rainbow Signs had been paid and Mrs. Cox replied they had paid the bill in full. Councilman deLong made a motion for this to proceed through the regular channels without payment of the fee at the pre- sent time, but with the fee being delayed. Councilman Cassandra seconded the motion. Under discussion, Mayor Warnke clarified that we are saying we will try to get the fee from the sign company and if not, Chanteclair Villas may be liable. Motion carried 5-0. At this time, Mr. deLong moved to suspend the regular order of business and move to the Public Hearing. Mr. Wright seconded and the motion carried 5-0. PUBLIC HEARING Special Assessment Hearing for S.E. 3rd Street North of S.E. 21st Avenue Mayor Warnke announced that he will pass the gavel to Vice Mayor Zimmerman and will abstain from any discussion or voting on this question because it involves money and his daughter's mother-in-law. Mr. Cheney stated in September, this issue came up relative to a project being planned by Mr. John pagliarulo. The Council discussed the problem of access and suggested having this road built by a special assessment project. This public hearing gives the property owners, where a special assessment is proposed, the opportunity to come in and speak on this matter. Mrs. Lillian Mayhew told about the conditions with living there for 35 years and stated now, this man wants to construct apartments and she and Mrs. Enish are supposed to finance this road. This road will not benefit her. She - 5 - ~ ., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 referred to there being no need for this road and pointed out on a map how the present access was sufficient. She stressed that she will not benefit from this road. She feels it is unjust to be assessed for this. Councilman deLong referred to this being recommended by the staff and Mr. Cheney agreed this was correct and explained that Mr. pagliarulo agreed to build S. E. 20th Court and it was pointed out that public access was needed for emergency vehicles through a loop on public streets. It was agreed at that time to build this street by special assessment. Mr. deLong asked who made the recommendation and Mr. Cheney replied that it developed through the Technical Review Board process and recommended by the Planning & Zoning Board. Mrs. Mayhew asked why Mr. pagliarulo didn't go ahead with the balance since he will benefit. Mr. Cassandra informed her that when Mr. pagliarulo applied with plans to build Sunny Oaks Apartments, he was told by the city there was a dedicated road running alongside the property and it was felt for proper fire and police service that road should be built. The applicant argued he did not want the road because his driveway would service Sunny Oaks. Mr. pagliarulo presented the same argument that it would not benefit his project, but agreed to pay 50% of the cost. Mrs. Mayhew questioned the reason why they could not be ser- viced by the fire and police departments and Mr. Cassandra requested the Director of Planning to respond. Mr. Annunziato stated there were three reasons for the connector road. He explained there was concern for access to the high density property Mr. pagliarulo planned, construction of 3rd Street was required by the comprehensive plan, and the Technical Review Board recommended constructing the road for good and sufficient access. - Mrs. Mayhew continued to object and Mr. Cassandra replied that he understood her problem and clarified that the appli- cant also did not want the road. Mrs. Mayhew stated this road was designated many years ago and given to the city and she believes the city should construct it. If it is to the builder's benefit, then he should build it. It is of no benefit to her or Mrs. Enish. Further, the law says she must have the right to enjoy her land and she cannot use it with the road. Vice Mayor Zimmerman stated he doesn't think the city has the responsibility to build this road, but requested an opi- - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 nion from the City Attorney. Mr. Vance advised the city has the ability to either construct the road depending upon available funds or use the special assessment approach and require the abutting property owners to pay. Councilman Wright questioned the possibility of the deve- loper paying the entire cost and Mr. Vance replied that with the approval of the site plan, the decision was made for him not to assume the entire cost. He added that with respect to benefit, the law states paving the road adjacent to the property increases the value of the property and Mrs. Mayhew responded that it also increases her taxes. Mr. Vance con- tinued that under applicable case law, it is of benefit to the property and it does fall within the special assessment which the city can utilize. Mrs. Mayhew asked if it required approval of 50% of the pro- perty owners and Mr. Vance replied that he didn't think so. Mrs. Mayhew stated she feels it is unfair to be assessed for the benefit of the contractor. Mrs. Thelma Enish came before the Council and asked how it would benefit her and Councilman de Long replied that recom- mendations were submitted by the Technical Review Board and the question is whether to uphold their recommendations which we have voted for or listen to the people entering complaints and rescind the previous action. Vice Mayor Zimmerman clarified that a resolution has been passed approving the special assessment in relation to the whole development and that stands unless the Council takes further action. He asked if Mrs. Enish had anything further to add. Mrs. Enish stated she feels the road is being put in because of the condominiums and has nothing to do with Mrs. Mayhew or her. She will never use that road. Mr. John pagliarulo stated when his site plan was approved, he was against having this road put in. He felt he had pro- vided adequate access. He modified the plan to allow vehi- cular traffic to circulate within the area as well as in any commercial property. This recommendation for the road was made to enhance the traffic flow within the area and not specifically for the eight units. There are roads paved throughout the city that everyone pays for. He has to come up with an excessive amount of money to pay for this. This road was dedicated some thirty years ago which the city felt they did not need and now, they feel they do. If the city has the funds, he would like them to put it in. However, if the city is not participating at all, he will pay his share to take off some of the burden. - 7 - '-' .., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Mr. Zimmerman questioned what amount he was contributing to this road and Mr. pagliarulo replied $4,500 plus 20th Court. Mr. Zimmerman stated this was about equal to the joint amount of the other two. Mr. Cassandra clarified that the assessment for Mr. pagliarulo is $4,500 and the 6ther resi- dents each pay $2,250. Mr. Cheney added this is based on front footage. Mr. Wright asked if possibly Mr. pagliarulo could come up with the other $4,000 to put this road in and Mr. pagliarulo replied such a request would put him on a spot. He thinks the city has more revenue than he does with collecting money from all the taxpayers. Mr. Wright asked if he was saying he would pay $4,500 and the city should pay the rest of it and Mr. Pagliarulo replied that he has agreed to contribute his 50% of the costs. Mr. Wright stated the Technical Review Board recommended the road and clarified that Mr. Pagliarulo didn't think it was needed and Mr. pagliarulo agreed as he felt his site plan was adequate to cover the traffic and he has no use of the road. Mr. Wright asked if what was voted on could be rescinded and the plan could be built without the road and Mr. Vance replied that the Council could do that. Mr. Cheney stated he would like to speak against the prin- ciple of building eight units on private property without access rights for public vehicles. He thinks the issue is how to pay for it and not whether the road should go in. He can see problems when 20th Court is extended to eight units and there is nowhere to go. People will go through the pri- vate parking lot to go out on 21st Avenue. Mrs. Mayhew stated that emergency vehicles have no problem. There is a fire hydrant on her property. There is no need for the road as there is access. Councilman Wright stated after listening to both residents, he is of the opinion they should not be charged for their portion of this street. If Mr. pagliarulo is willing to pay $4,500, he should, and we should pay the balance. Councilman deLong stated the staff made a recommendation and we must decide whether to move ahead or not. We must decide whether to support the staff or the people. Mr. Zimmerman added that he feels this is a solid recommendation from the staff. Councilman Cassandra referred to the cost being larger with only two homes abutting the street, but questioned if a pre- - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 cedent would be set with people not being assessed. He does not always agree with the staff, but we do have a comprehen- sive plan which we have tried to honor and there is concern that eventually this street will go to the shopping center. The extension of this road must be considered for the future. He would have to concur with the Technical Review Board for the need of this particular road. He does not feel any private owner should have vehicles coming through their property. Councilman Wright clarified that the Technical Review Board made the recommendation that the road is needed and the problem is having the residents share the cost. The street has not been needed all this time, but is now needed for these eight units, so he feels Mr. pagliarulo should pay the entire $9,000 cost. After discussion, Mr. Vance suggested a motion should be made to approve the advisability of making improvements, the cost thereof, matter of payment and the amount to be assessed. Mr. Cassandra referred to the method of payment being spread over many years and Mr. Vance stated as of right now, they have a choice of payment with paying it within 90 days without interest or in ten semi-annual installments with 8% interest. He added that the number of years or amount of interest could be modified. Mr. Cassandra stated he would like to see not so much of a bur- den put on these two owners and suggested decreasing the yearly amount by half and Mr. Vance agreed this could be done with payments to be made over a ten year period. Mr. Cassandra clarified this would be about $250 per year or approximately $20 per month and suggested it be amended to this. Mr. Cheney stated that an amendment will be prepared to Resolution No. 84-H and presented to the Council to see if they are in agreement. Mr. Cassandra moved to amend to his suggested amount, seconded by Mr. deLong. Vice Mayor Zimmerman clarified it was moved and seconded to amend this resolution and act on it at a later date. Motion carried 3-1 with Mr. Wright dissenting and Mayor Warnke abstaining. Mr. Cassandra moved to revert back to the normal order of business, seconded by Mr. Zimmerman. Motion carried 5-0. CONSENT AGENDA A. Bids - 9 - ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA .., MARCH 6, 1984 2. Vending Machines in city Facilities The Tabulation Committee recommends awarding the bid for snack machines to Lance, Inc. B. Approve extended contract with Emergency Medical Director - Dr. William Jeffrey Davis The City Manager recommended the proposed contract with Dr. Davis be executed for a twelve month period, so that Dr. Davis can continue to serve as the City's Medical Djrector for the City's Emergency Medical Service Program per his memo dated March 6, 1984. C. Approve request for transfer of cemetery lots 45A & B, Block R Mr. Warren Fischer requested this transfer of ownership to Eileen A. Hilbert. D. Approve Change Order No. 1 for picnic tables, park shelter, grills and trash containers - Boynton Beach Oceanfront Park A recommendation was submitted per the City Manager's memo dated March 6, 1984. F. Approve purchase of radio communications system for beach This was recommended by the City Manager in his memo dated March 6, 1984. G. Request for Zoning Approval for Alcoholic Beverage License: Zuccarelli Pizza, 141 N. Congress Ave. The Deputy Building Official noted this address permits the sale of beer and wine in conjunction with a duly licensed restaurant. H. Approve AlsaY-Pippin Corporation Change Order 13 for Raw Water Supply Wells 17 - 22, Part A Mr. Cheney submitted a memo dated March 6, 1984, recom- mending that the city employ AlsaY-Pippin to develop this additional well based on a recommendation that this proce- dure be used from Mr. Cessna and Russell & Axon. I. Approve request for special event sign - Golfview Harbour - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1~84 A letter dated February 29, 1984, was submitted by the Golfview Harbour Homeowners Association making this request. J. Approval of Bills See list attached. Councilman Cassandra moved to accept the Consent Agenda deleting items A-I and E for discussion purposes. Councilman de Long seconded the motion. Motion carried 5-0. A-I Bids - Repainting of the Vactor Jet Rodder - Utilities and Repainting of Fire Department Vehicle #1 - Fire Department The Tabulation Committee recommends awarding the bid to Advanced Fabricators in the amount of $1,495 for the vactor and $7,800 for the fire truck. Mayor Warnke stated he removed this from the Consent Agenda because this bid is about $8,000 to paint a Fire Department vehicle. He told about personally inspecting this vehicle and advised his personal feeling is that it only needs new lettering put on the doors. He feel~ the vehicle is in excellent condition as far as the paint job is concerned. He does not feel he can vote favorably for $8,000 to paint it. Mr. deLong added that he would like to find out what kind of paint they are going to use for $8,000. Mr. Cheney advised this is being recommended mainly to pre- serve the truck and requested Chief Rhoden to comment further. Chief Rhoden informed the Council this truck is a 1971 model. Through the years, it has deteriorated to where there is rust coming through one of the compartments from a leak in the water tank. There is also some body work to be done. The paint is chipped. He felt it should be painted entirely. This bid also covers the mechanical work as well as painting. Mayor Warnke replied the only place he could see any damage was a scrape on the front fender. Mr. Cheney added even if the vehicle looks good, it is outdoors in the sun. This is one of three major pumpers. This is also for preventative maintenance. It could wait until next year or the year after, but it seems like a reasonable time to do a preventative paint job since the truck is twelve years old. Mr. deLong asked if it is special paint and Chief Rhoden replied affirmatively. Mr. deLong asked if it is necessary at this time and Mr. Cheney replied that it is not necessary, but desirable. Mr. Wright commented that this is a large piece of equipment and he does not think they are asking too much money. - 11 - ~ ., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman deLong moved to accept the recommendation and go ahead and have this truck put into first class order, seconded by Councilman Cassandra. Under discussion, Councilman Wright asked if this was budgeted and Mr. Cheney replied there is a special account for this. Mayor Warnke stated in the budget vehicle reserve account, it looked like we did not have enough left and Mr. Cheney pointed out where it was included. Motion carried 5-0. E. Approve Change Order No. 2 for 72 Trees - Boynton Beach Oceanfront Park Mayor Warnke stated at a cost of $430 per tree, he felt the Community Appearance Board should go over this before being submitted to the City Council for approval. Councilman deLong agreed the Community Appearance Board should review this first. Vice Mayor Zimmerman explained how this was a special situation since this is located in Ocean Ridge. Mr. deLong referred to having an established policy with Community Appearance Board approval and Mr. Cheney clarified that every time a project is done in the city, it goes to the Community Appearance Board first, but it didn't on this because of being in Ocean Ridge. An architect firm is doing this plan, but it can still go to the Community Appearance Board. Vice Mayor Zimmerman moved to refer this matter of the change order for 72 trees for the Boynton Beach Oceanfront Park to the Community Appearance Board and then to the Town of Ocean Ridge for approval. Councilman Cassandra seconded the motion. No discussion. Motion carried 5-0. BIDS Trap Sand for Municipal Golf Course Mr. Joe Sciortino appeared before the Council and referred to bids being opened yesterday and advised that originally only one response was received six weeks ago. During the interim, they have been preparing the traps for sand and now have three bids. They are ready to go. They would like to get started so the preparation work doesn't have to be redone. Mr. deLong moved to accept the recommendation of the Tabulation Committee recommending awarding the bid to W. W. Googe Trucking, Inc. in the amount of $9.50 per ton. Mr. Cassandra seconded the motion. Motion carried 5-0. - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 DEVELOPMENT PLANS Request for preliminary plat approval of Northwoods at Hunters Run Golf and Racquet Club, Tract E, submitted by Charles Gilbert for Summit Associates, Ltd., which provides for the infrastructure improvements to support 31 single family detached units and condominium ownerships Mr. Annunziato stated these items were tabled at the last meeting because the Community Appearance Board had not reviewed the plans. Last night, the Community Appearance Board approved these plans for the preliminary plat and site plan and they come to the City Council with positive recom- mendations subject to a few limiting conditions. Mr. Cassandra moved to accept the recommendation for the preliminary plat approval of Northwoods at Hunters Run with staff comments, seconded by Mr. Zimmerman. No discussion. Motion carried 5-0. Request for site plan approval for Northwoods at Hunters Run Golf and Racquet Club, Tract E, submitted by Charles Gilbert for Summit Associates, Ltd. which provides for the construc- tion of 31 single family detached units plus recreational facilities Mr. Wright moved to approve subject to staff comments, seconded by Mr. deLong. Motion carried 5-0. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 84-10 - Re: Amend Future Land Use - Southeastern Palm Beach County Hospital District d/b/a Bethesda Memorial Hospital Mr. Vance read proposed Ordinance No. 84-10 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO PUBLIC AND PRIVATE INsTITUTIONAL~ AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY~ PROVIDING A CONFLICTS - 13 - .... .." REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE~ AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone in the audience wished to speak in favor of proposed ordinance No. 84-10 and received no response. He asked if anyone was in opposition to Ordinance No. 84-10 and received no response. He then declared the public hearing closed. Councilman deLong moved adoption of proposed Ordinance No. 84-10 on second and final reading, seconded by vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong - Aye - Aye - Aye - Nay - Nay Motion carried 3-2. proposed Ordinance No. 84-11 - Re: Rezone - Southeastern palm Beach County Hospital District d/b/a Bethesda Memorial Hospital Mr. Vance read proposed Ordinance No. 84-11 by title: AN ORDINANCE OF THE CITY~ COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-lAA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF SIX, SAID LAND BEING MORE PARTICULARLY DESCRIBED HEREINJ AMENDING THE REVISED ZONING MAP ACCORDINGLYJ PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATEJ AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody desired to speak either in favor or opposition to this proposed ordinance and then declared the pUblic hearing closed. Vice Mayor Zimmerman moved to adopt ordinance No. 84-11 on second and final reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye -14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman Cassandra - Nay Councilman deLong - Nay Councilman Wright - Aye Motion carried 3-2. proposed Ordinance No. 84-12 - Re: prohibiting the sale of merchandise from hotel/motel rooms Mr. Vance read proposed Ordinance No. 84-12 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 6. COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS. C. C-3 COMMUNITY COMMERCIAL DISTRICT. 1. USES PERMITTED. TO PROVIDE THAT SLEEPING ROOMS AND APARTMENT SUITES IN HOTELS, MOTELS, APARTMENT HOTELS, AND APARTMENT MOTELS SHALL NOT BE USED FOR THE DISPLAY, LEASE OR SALE OF MERCHANDISE; PROVIDING THAT ALL OTHER PROVISIONS OF SAID ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT1 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 84-12 and received no response. He asked if anyone wanted to speak in opposition. Mr. Carl AshIer, part owner of European Designer Jewelry, advised that he sells jewelry from the Holiday Inn. He realizes as the ordinance stands they are not affected because they sell from the banquet room. He referred to having been a resident in Florida for over 34 years and told about the company's reputation and advised they have a local office in Lake Worth. He is opposed to the ordinance because it seems like a foot in the door as the next step may be to eliminate them altogether. Councilman deLong responded that this does not prohibit them from operating out of the banquet room, but has control over other places without a meeting room. Mayor Warnke added that it is directed to fly-by-night companies rather than an organiza- tion such as he represents. Councilman deLong moved adoption of proposed Ordinance No. 84-12 on second and final reading, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote as follows: Vice Mayor zimmerman - Aye Councilman cassandra - Aye - 15 - ~ ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman deLong Councilman Wright Mayor Warnke - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 84-13 - Re: Revised Travel Reimbursement Mr. Vance read proposed Ordinance No. 84-13 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING PER DIEM AND TRAVEL EXPENSE REGULATIONS OF CITY OFFICERS, EMPLOYEES, AND AUTHORIZED PERSONS 1 PROVIDING A CONFLICTS CLAUSE 1 A SEVERABILITY CLAUSE 1 AND AUTHORITY TO CODIFY1 PROVIDING AN EFFECTIVE DATE 1 AND FOR OTHER PURPOSES. Mayor Warnke ascertained nobody wished to speak either in favor or opposition to this proposed ordinance and declared the public hearing closed. Mr. deLong moved the adoption of proposed Ordinance No. 84-13 on second and final reading, seconded by Mr. Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 84-14 - Re: Amending the Zoning Code to Change the Parking Requirement for Hospitals Mr. Vance read proposed Ordinance No. 84-14 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 11. SUPPLEMENTAL REGULATIONS. H. PROVISION OF OFF-STREET PARKING SPACES. 16. TO PROVIDE THAT HOSPITALS MUST HAVE 4.0 PARKING SPACES PER BED RATHER THAN THE PRESENTLY REQUIRED 2.0 PARKING SPACES PER BED1 PROVIDING THAT EACH AND EVERY OTHER PROVISION OF SECTION 11. SUPPLEMENTAL REGULATIONS. OF THE ZONING - 16 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 19"84 CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED~ PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE~ AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 84-14 and received no response. He asked if anyone desired to speak in opposition. Mr. George Webb, Kimley-Horn Associates, came forward and advised he has been retained by the hospital to discuss this with the Council and present facts on parking requirements at Bethesda Memorial Hospital and at similar institutions throughout the southeast. The hospital has recognized defi- ciencies in parking in 1972 and included space requirements for future hospital expansion. Their recommendation was 2.3 parking spaces per bed which was in excess of the 2.0 required by the city. Even with the 2.5 originally pro- posed, it would be more than sufficient to accommodate the staff and future parking at the hospital. Mr. Cassandra noted the requirements of neighboring cities, all being higher than 2.5. He then referred to Mr. Annunziato's research and read from his memo dated February 29, 1984. He again read the requirements of cities in the area and pointed out they are higher and disagree with the report from Kimley-Horn and he also disagrees with Mr. Annunziato. Mr. Cassandra stated that he believes beds per parking spa- ces is a guideline and minimum requirement. The hospital could increase with 50 beds, but still have the same staff. Out-patient services may have no beds, but require parking spaces. Mr. Cassandra stated he finds this report presented by Whitlock is excellent and deals with hospitals today. He then read excerpts from this report. He referred to charts included and explained how accordingly, Bethesda Memorial Hospital has a need of 1,275 parking spaces. This breaks down to 3.5 to 3.7 based on this ratio. He believes we should do this right and guarantee there are spaces and believes 4 is a good recommendation. He further explained how 2.0 or 2.5 would not be adequate to meet the needs, but stated he would consider 3.0 or 3.5. Councilman deLong asked if it was his intention to amend the ordinance and Councilman Cassandra replied affirmatively, other than 4.0 but doesn't believe 2.5 is accurate. - 17 - ~ .. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Councilman Wright clarified that he is not in favor of the City Planner's recommendation and Mr. Cassandra replied negatively. Mr. Zimmerman disregarded other hospitals and questioned the city's requirements and Mr. Cassandra agreed that we should be concerned about Bethesda Memorial Hospital and Boynton Beach. Mr. Cassandra added that he has not been a believer they need all this parking space, but believes we should do things right. This report backs up his presentation that peak parking and shift changes do create problems. They further discussed the number of doctors on staff and volun- teers at Bethesda Memorial Hospital. Vice Mayor Zimmerman questioned the requirement of neigh- boring cities and Mr. Annunziato replied that he thinks in Boca Raton, it was one parking space for two beds, one parking space for each doctor and nurse, and one parking space for each two employees. The problem with predicating parking upon employees, nurses or doctors is that the city has no control over those numbers. Mr. Webb commented that Councilman Cassandra did a fine jOb and the report does show the range on a per bed basis. From 2.0 to 2.5 is the general range. They can go higher and they do in some areas. He does have a list of about eight surrounding agencies including one requiring one space per bed in Lake Worth. They have conducted a study specifically with Bethesda Memorial Hospital and came up with the number of existing parking spaces, demands at certain times, and the study determined there was a lack of approximately 110 spaces out of a 350 bed facility with 700 existing parking spaces. With a deficiency of 100 parking spaces, it goes back to 2.3 to 2.4 per bed on actual measured deficiency in 1982. Mr. Cassandra referred to changing the comprehensive plan to accommodate the parking need at Bethesda Memorial Hospital and clarified that the need was 772 parking spaces and not 110. Mr. Webb clarified that 100 spaces were measured in 1982 when it was projected to 450 beds and that is where the additional number came in. Mr. Cassandra explained the numbers he used in figures 9 and 10 and stated that it came out to 1,225 parking spaces and he is concerned about 2.5. Mayor Warnke asked who brought up this change in the first place and Mr. Annunziato replied that he recommended it and - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Mr. Cheney added that it was brought up by the Planning & Zoning Board. Mayor Warnke asked if the requirements were increased to 4.0, what effect would it have on future hospi- tal expansion and Mr. Hill replied there would not be any. Mr. Webb pointed out that Mr. Cassandra had used the total number of volunteers when figuring and instead of a total of 500, it should be 50, which would be the number at peak times. Mr. Cassandra agreed and calculated this would bring the figure down to 3.2 to 3.6. Mayor Warnke questioned what effect 3.0 would have on future expansion and Mr. Hill replied that it would limit the4r expansion capability as there is just so much property there. He stressed that the hospital paid for this report to be done and he believes 2.5 will meet the needs of the hospital. After further discussion, Councilman Cassandra moved to amend the 4.0 requirement to 3.0. Councilman de Long seconded the motion. Under discussion, Mr. Zimmerman com- mented that he believes that is pretty high and with raising from 2.0 to 2.5, it is a 25% increase and he agrees with that. There were some further comments regarding figures and percentage and Mr. Cassandra stated that he thinks the issue of Bethesda Memorial Hospital has gone on long enough and thinks they have been given things beyond every other applicant in this city. He thinks we should do it right now. This is an applicant like anyone else in the city. He feels 3.0 is fair for the future need for parking require- ments in this city. If they are going to increase the out- patient services, parking requirements will increase. Mayor Warnke replied that he takes exception to the statement of this just being another applicant as it is one of the vital services in the city. The Mayor clarified that the question is to amend from 4.0 to 3.0. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra - Aye - Nay - Nay - Nay - Aye Motion failed 3-2. Councilman Wright moved to amend the parking ratio per bed from 4.0 to 2.5 as recommended, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: - 19 - .. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA """ MARCH 6, 1984 Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Nay Motion carried 4-1. Councilman Wright moved adoption of proposed Ordinance No. 84-14 on second and final reading as amended, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni ,took a roll call vote on the motion as follows: Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright - Aye - Aye - Aye - Nay - Aye Motion carried 4-1. Councilman Cassandra referred to having to leave early and requested approval to change the order of business, so he could be present for a particular zoning issue. He moved to suspend the regular order of business and go to Item D-2. Mr. deLong seconded the motion and the motion carried 5-0. Other Consider Zoning Issue Concerning Drive-in Restaurant in C-2 Zone Mayor Warnke referred to input being submitted and Councilman deLong stated he would like to give a report con- cerning this item. He made a survey of the present situation. It seems there is a misunderstanding. He received the communication sent to the Vice Mayor by the former city attorney at the time this particular ordinance was granted. It appears there is a different intent being interpreted. He checked what is out in the field and enu- merated various commercial businesses with drive-in windows located in C-l and C-2 zones. He thinks the ordinance should be amended to specify the difference between a drive- in and drive-thru. Mr. de Long moved to have the City Attorney amend the present ordinance providing for drive-thru windows. Mr. Cassandra seconded the motion. Under discussion, Mr. Cassandra asked if drive-thru would take care of the concern of this appli- - 20 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6. 1994 Commissioner Aguila did not have a problem with this request as long as the landscaping is dense. Motton Commissioner Aguila moved approval of the master plan modification for Bethesda Memorial Hospital as presented, with staff comments, and as presented by the photographs shown by Bethesda staff. Commissioner Katz seconded the motion, which carried 4-0. B. Master Plan Modification - The Vintngs Ms. Heyden stated that this is a request to modify the previously approved master plan for the Woolbright Place PUD. In September, the Commission reviewed the last master plan modification, which was a subdivision. This is a further subdivision of parcels 2A and 2B. When this came before the Commission, the Vinings multi-family project was granted site plan approval for the entire piece of property. They are planning to phase it (Phase 1 and Phase 2). The phase line now is being proposed as a property line, and that is really the root of this application. Once you start setting new parcels, you have to establish setbacks because there are no minimum setbacks for a PUD; those setbacks are established as part of the master plan process. Therefore, this master plan modification is to subdivide Pods 2A and 2B, establish the building setback of twenty feet on each side of the property line, and establish a setback for a pool. (In this location, there is a stonmwater management tract, and they are providing recreation amenities that are water oriented, including a swimming pool and a dock. Setbacks need to be established for both of those structures.) With respect to the changes that are being requested, this change does not increase the density or intensity of the project and does not impact traffic, water and sewer. The proposed building setback of twenty feet is consistent with the side setback required for the R-3 zoning district, which is the zoning district the property most closely resembles. Regarding the eight foot side setback for the pool and the zero side setback for the dock, this is consistent with pool setbacks that are required for other zoning districts. The TRC recommends the City Commission make a f1nding of no substantial change and that they forward 1t to the Planning and Development Board for approval, subject to staff comments (Police Department Memorandum dated October 21, 1994, Engineering Memorandum No. 94-322, Utility Department Memorandum No. 94-324, and Planning and Zoning Department Memorandum dated November 22, 1994). In response to Commissioner Aguila regarding the completion of S. W. 8th Street, Ms. Heyden stated that it was always detenmined that S. W. 8th Street would be developed up to the north point of the PUD once any phase of this property went in. - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 cant and Mr. Vance replied affirmatively in this particular situation. Mr. deLong added that the communication from the former city attorney gives exactly the way to handle this and he feels our City Attorney is capable of doing this. Motion carried 5-0. At this time, 9:53 P.M., Mayor Warnke excused Councilman Cassandra so he could leave on a trip. Mr. deLong moved to revert to the regular order of business, seconded by Mr. Zimmerman. Motion carried 4-0. Ordinances - 1st Reading Proposed Ordinance No. 84-15 - Re: Annexation - Plaza West Mr. Vance read proposed Ordinance No. 84-15 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII, (32), OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES, PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR ADVERTISING, PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY, AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 84-15 on first reading only, seconded by Mr. Zimmerman. Under discussion, Mayor Warnke asked if a plat had been sub- mitted and Mr. Cheney informed him this is Plaza West and it has been before the Council. Mrs. Boroni then took a roll call vote on the motion as follows: Vice Mayor Zimmerman Councilman deLong Councilman Wright Mayor Warnke - Aye - Aye - Aye - Aye Motion carried 4-0. - 21 - -. REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA .. MARCH 6, 1~84 Proposed Ordinance No. 84-16 - Re: Amending Ordinance (Building Code) No. 83-31 Concerning Handicapped Regulations Mr. Vance read proposed Ordinance No. 84-16 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5 BUILDING, HOUSING, AND CONSTRUCTION REGULATIONS, ARTICLE I. IN GENERAL, OF THE "CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA," TO AMEND SECTION 5-5, ACCESSIBILITY BY HANDICAPPED, PROVIDING AUTHORITY TO CODIFYI PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATEI AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 84-16 on first reading only, seconded by Mr. Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman - Aye - Aye - Aye - Aye Motion carried 4-0. Proposed Ordinance No. 84-17 - Re: Bar Closing - New Years Eve Mr. Vance read proposed Ordinance No. 84-17 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 3 - ALCOHOLIC BEVERAGES, SECTION 3-4 OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATIVE TO THE HOURS OF SALE OF ALCOHOLIC BEVERAGES ON NEW YEARS EVE 1 PROVIDING AUTHORITY TO CODIFY, A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATEI AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-17 on first reading only, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman - Aye - Aye - Aye - Aye Motion carried 4-0. - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Resolutions Proposed Resolution No. 84-U - Re: Requesting Concurrence from Palm Beach County Board of County Commission for Annexation - Plaza West Mr. Vance read proposed Resolution No. 84-U by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, REQUESTING PERMISSION FROM THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO SECTION 171.062, FLORIDA STATUTES, TO REZONE A CERTAIN PARCEL OF LAND BEING ANNEXED TO THE CITY OF BOYNTON BEACH FROM PALM BEACH COUNTY ZONING CLASSIFICATION CS (SPECIALIZED COMMERCIAL) TO CITY OF BOYNTON BEACH ZONING CLASSIFICATION C-l (OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT); AND FROM PALM BEACH COUNTY LAND USE DESIGNATION OF MEDIUM TO MEDIUM-HIGH RESIDENTIAL TO CITY OF BOYNTON BEACH LAND USE DESIGNATION OF OFFICE-COMMERCIAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Wright moved the adoption of proposed Resolution No. 84-U, seconded by Councilman deLong. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman deLong - Aye - Aye - Aye - Aye Motion carried 4-0. proposed Resolution No. 84-V - Re: Abandonment of an Alley - Tom Gustafson Industries, Inc. Mr. Vance read proposed Resolution No. 84-V by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEYWAY CONCERNING THE PROPERTY HEREINAFTER DESCRIBED; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ALLEYWAY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman Wright moved adoption of proposed Resolution No. 84-V, seconded by Vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: - 23 - -- ., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Mayor Warnke Vice Mayor Zimmerman Councilman deLong Councilman Wright - Aye - Aye - Aye - Aye Motion carried 4-0. Other (Continued) Approve a) b) c) the Following Water Service Agreements: Frank A. Flower Property Greenacres County Day Schools, Inc. Arcadia Properties, Inc. (Tabled) Mr. Cheney referred to submitting a memo and suggested these stay on the table because the site plans have not been sub- mitted. He did receive a call this afternoon from a deve- loper who is present and would like to bring in his site plan. This particular project is at the corner of Military Trail & 22nd Avenue. Dwelling units and a golf course are planned with 4.6 units per acre. This developer would like to speak because he has a contractual problem. Mr. Zimmerman moved to remove Item a) from the table, seconded by Mr. deLong. Motion tied 2-2 with Mr. Zimmerman and Mayor Warnke voting in favor and Mr. deLong and Mr. Wright voting against. Mr. Wright moved to leave all three items on the table, seconded by Mr. deLong. No discussion. Motion carried 4-0. Discussion of Proposed Rezoning by County Commission - Southwest Corner of Hypoluxo Road and Seacrest Blvd. (Requested by Mayor James R. Warnke) Mayor Warnke referred to submitting the notice from the County Commission and stated his personal opinion of this is we have been pushing to get Seacrest Boulevard widened and in looking at this property, there is a large tract of land south of the gas station and north of the cemetery which could be developed into a shopping center. This would result in more traffic on Seacrest Blvd. He thinks a member of this Council should appear before the Palm Beach County Planning Commission and County Commissioners stating our feelings that Seacrest Boulevard should be widened before any development such as this. Mr. Annunziato informed the Council that this is an interesting rezoning request because in 1975, commercial zoning was approved at this corner. At this time, the - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 applicant is requesting to change the configuration of the building. This plan is better, but the applicant may balk at going forward because of the comprehensive plan criteria requiring constructing Seacrest Boulevard in front of his property and contributing towards the widening of Hypoluxo Road. He feels the applicant will withdraw the application and wait for Hypoluxo Road to be improved. This is a change in something previously approved. Mr. deLong moved to designate the City Planner to appeal at the meeting and make his statements known. Mr. CheQey questioned if they wanted any change in zoning until after the county has committed. He further explained how these requests could only be made at this time because of the reconfiguration. Mr. deLong questioned what the City Planner's feelings were regarding rezoning and what effect it will have on us and Mr. Cheney replied that the Mayor's position is there should be no action on any zoning until a realistic financing and construction commitment is made for Seacrest Blvd. Mr. deLong agreed. Mrs. Dee Zibelli, 440 Ocean parkway, came forward and stated she agrees with the Mayor. She asked if we are supplying water to this property and Mr. Cheney replied they are in our reserve area. Mrs. Zibelli commented that Seacrest Blvd. is overloaded with traffic now and Mr. Cheney responded that the Mayor has suggested a position which is aimed at bringing about the widening of Seacrest Blvd. He requested Mr. Annunziato to comment further. Mr. Annunziato advised in this instance, the property is already zoned and the plan was approved seven to nine years ago. The applicant wants to reconfigure the shape of the buildings for a better plan to save the trees along I-95. The applicant agreed to construct Seacrest Blvd. from the cemetery north~ however, he did not agree to contribute $200,000 for the construction of Hypoluxo Road. The result likely will be the applicant will withdraw his application, construct the commercial configuration approved previously, wait until Hypoluxo Road is improved with federal money and then reconstruct the plan. The water agreement is approved and he is being served. Mr. Cheney asked if we follow what the Mayor is suggesting, does it mean that portion of Seacrest Blvd. in front of the property will not be widened and Mr. Annunziato replied affirmatively and will probably go back to the previous plan. Mr. Cheney clarified that if it is left in the existing zoning, the applicant can build something and cut - 25 - w .... REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 down trees and do nothing to Hypoluxo Road. If he is allowed to rezone, he probably will not accept the county's condition of widening in front of his property and $200,000 for Hypoluxo Road. Mr. Cheney noted the hearing before the Board of County Commissioners is scheduled for March 29 and suggested possibly putting this on the agenda for March 20 and seeing what happens in the meantime. Councilman deLong moved to postpone any action on this item until March 20, seconded by Councilman Wright. No discussion. Motion carried 4-0. OLD BUSINESS Consider Regional Wastewater Treatment plant Allocation and Current Flows Mr. de Long suggested making an attempt to come to an agreement with Delray Beach and if that fails, then have the City Attorney check the Interlocal Agreement and see if there are any penalties. Mayor Warnke stated he just brought this up for discussion and has asked Mr. Vance to look into this to see what our legal stand is. Mr. deLong suggested extending the courtesy to see what their feelings are and Mayor Warnke replied we should be concerned about them encroaching. Mr. Vance informed the Council there is a prov1s1on in the Interlocal Agreement providing for a written agreement bet- ween the two cities to permit the city exceeding the capa- city to use the reserve capacity of the city not exceeding their capacity and pay 150% penalty with the excess 2/3 going to the Board and 1/3 to the city. Mayor Warnke asked if we do not enter into a written agreement with them, do we have any other recourse and Mr. Vance replied that he would have to research that. Mr. Zimmerman asked if the excess capacity would be turned over to them permanently and Mr. Vance replied that the contract visualizes it to be a temporary situation. Also, when that stage is reached, planning is to be initiated to expand the facility, which is underway. Mayor Warnke referred to the possibility of Boynton Beach needing the sewage capacity and discussion ensued about this. Mr. Cheney clarified that we are in a position where tech- nically they are using our property. The Interlocal - 26 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Agrement says they cannot do that until we have an agreement. Mr. de Long questioned what we could do if they won't sign the agreement and Mr. Cheney replied there are strong feelings there are solutions for Delray Beach. Mayor Warnke referred to additional legal research being needed and Mr. Wright questioned if we should bring this before the Board in the meantime and Mr. Vance replied that the matter could be raised before the Board. After discussion, Councilman deLong moved to have the City Attorney research this further and give legal direction. Mr. Wright suggested this should be placed on the Board's agenda and Mr. Vance agreed that it can be discussed with the Board. Mr. Wright suggested the motion be amended to include this and to send officially from this body to the Board for consideration. Mayor Warnke clarified that he just wanted to know where we stand. Mr. Wright seconded the motion and the motion carried 4-0. NEW BUSINESS Certificate of Appreciation for Morton Goldstein & Brendan Shortley - Requested by Councilman Joe deLong Mr. deLong moved to approve certificates of appreciation for Morton Goldstein and Brendan Short1ey, who did so much work on our street signs. Mr. Wright seconded the motion. under discussion, Mr. Wright requested that Brendan short1ey be invited to the next meeting and Mr. Cheney suggested waiting until he gets his eagle scout award and then make the pre- sentation. Motion carried 4-0. Accept Annual Financial Audit Report - 1982/83 Mr. deLong moved to accept the annual financial audit report as presented to the Finance Department and certified by the auditors. Mr. Wright seconded the motion. No discussion. Motion carried 4-0. ADMINISTRATIVE Consider Report of the Conference for progress in Education Requested by Councilman Samuel Lamar Wright Councilman Wright referred to submitting documents from the conference held in West Palm Beach sanctioned by the School Board. Dr. Orr has requested support of these findings. He would like the Council's support of these recommendations and findings. - 27 - '-' .""" REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 Mr. Wright moved approval with authorization for the Mayor and City Clerk to sign. Mr. deLong seconded the motion. No discussion. Motion carried 4-0. Consider Appointing One Member to Boynton Beach Housing Authority (Tabled) Mr. deLong moved to leave this on the table, seconded by Mr. Wright. Motion carried 4-0. Appoint One Representative to Community Action Board and One Alternate (Tabled) Mr. deLong moved to leave this on the table, seconded by Mr. Zimmerman. Motion carried 4-0. Accept David Roberts Resignation from Community Appearance Board Mr. deLong moved to accept this resignation with the usual letter of thanks for service performed, seconded by Mr. Zimmerman. No discussion. Motion carried 4-0. OTHER Special Meeting Mr. Cheney stated he would like the Council to meet briefly the day after the election to confirm the election results and take action relative to the runoff. He suggested this special meeting be held at 5:30 P. M. Mr. Wright requested that it be at 5:45 P. M. Mayor Warnke then announced there will be a Special City Council meeting on March 14 at 5:45 P. M. ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Wright. Mr. Zimmerman referred to an appointment being made on the Community Appearance Board. Mr. deLong moved to reconsider, seconded by Mr. Wright. Appointment to Community Appearance Board Mr. Zimmerman referred to receiving a resume from Mark Burton, a registered architect, and nominated him to serve on the Community Appearance Board. Mr. deLong moved to approve this nomination as an alternate member of the Community Appearance Board. Motion carried 4-0. - 28 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA MARCH 6, 1984 ADJOURNMENT Mr. deLong moved to adjourn, seconded by Mr. Wright. Motion carried 4-0 and the meeting was properly adjourned at 10:35 P.M. CITY OF BOYNTON BEACH, FLORIDA ~~ 7 (AJ~ o Vice Mayor ~L r2_k Councilman ATTEST: ;&~jz1~ City Clerk ~r~4hk.~"",,, / ./ Recording Secretary (Three Tapes) - 29 - /~AIJiNb. O,R.O B9-}J P-e.7-i>.v6: R:J.14f!Yo.-f1,.(... f..J""f 7C> Pi//) I.....vl=-I:, . f) .IJ ~. 1S~7J1~U4 /A.,,pfht f1co/~A"7' I s-r~41-. O.ea e.., ../'1 CJJMI6':-~ ~Hl"".:>:S'" 1411 '''''1h#tf Ac), J>>oII? 15" MINUTES OF THE REGULAR MEETING OF THE CIT~OUNCIL HEL~ r 6 CITY HALL, BOYNTON BEACH, FLORIDA, FEBRUARY 21, 1984 ~ Irrl44~ s-y_1 D ~ -~~~ . Q J:A~ '~~11Jp..b-LA"-'d C4~ ~ IJ A. f;, fr1~f)~~1IE- P6V!iry ~It#it~' fr;> ,I)/SI.I(. 41'1:) ;,.eIllJ~ $.A.lmr~~Ot r~!r PRESENT James R. Warnke, Mayor Carl Zimmerman, Vice Mayor Nick Cassandra, Councilman Joe deLong, Councilman Samuel L. Wright, Councilman Peter L. Cheney, City Manager Betty S. Boroni, City Clerk James W. Vance, City Attorney Mayor Warnke welcomed everyone and called the meeting to order at 7:30 P. M. He announced the Invocation tonight will be given by Rev. Norman Halliday, Boynton Beacq Congregational United Church of Christ, followed by the Pledge of Allegiance to the Flag led by Peter L. Cheney, City Manager. He requested everyone to please rise. AGENDA APPROVAL Councilman deLong stated under New Business, he has an addi- tional item. Mr. Cheney stated he would like to delete two items under Development Plans, Items A and B, both in rela- tion to Hunters Run. Councilman Cassandra stated he had an addition under the City Manager's Report and under Legal - Other, he would like to add "Training". Mayor Warnke stated under the City Manager's Report, he has a question and would like to add an item to be brought before the Council. Mr. deLong moved the adoption with the deletions and addi- tions, seconded by Mr. Wright. Motion carried 5-0. ANNOUNCEMENTS Mayor Warnke introduced Lt. Bob Ferrell, of the Police Department, who is a candidate in District II and Mr. Mickey Cain, who is a candidate in District IV. The Mayor announced the City of Boynton Beach will hold an Auction Sale of bicycles and miscellaneous equipment at the rear of the Boynton Beach Police Complex, 135 N.E. 1st Avenue, Boynton Beach, on Wednesday, February 29, 1984, at 3:00 P. M. Mayor Warnke read a proclamation proclaiming the first week of March 1984 as Recycling Week. Mayor Warnke announced a general election will be held in the City of Boynton Beach of candidates for City Council positions on Tuesday, March 13, 1984. ~ .." REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 19~4 MINUTES Regular City Council Meeting of February 7, 1984 Mr. deLong moved the adoption as submitted, seconded by Mr. Zimmerman. Motion carried 5-0. Special City Council Meeting of February 16, 1984 Mr. deLong moved the adoption as submitted, seconded by Mr. Zimmerman. Motion carried 5-0. CITY MANAGER'S REPORT Golf Course Mayor Warnke referred to riding out to the golf course several times and stated it seems every time he goes there, there is nobody working. He requests a report be submitted on the status of the golf course and include whether construction is on time. Beach Project Mr. Cheney reported the beach project does have a specific schedule of 210 days for construction and it is on time. They started pouring the concrete today and piles are there for the boardwalk construction. Railroad Crossings Mr. Cheney referred to there being complaints about the con- dition of the railroad crossings at Woolbright Road and Boynton Beach Boulevard and explained this work is done by the F.E.C. Railroad and is paid for by the county. He understands the Woolbright Road crossing will be repaired beginning April 9 and the Boynton Beach Boulevard crossing beginning April 26. The Ocean Avenue crossing is still being studied, but we will have to pay for that. He further explained that concrete crossing plates will be installed on both sides of the track. Golf Course Mr. Cheney reported that people are working at the golf course all the time; but obviously with 150 acres, it may be possible not to see anyone working from the clubhouse. There are seven to eight employees, general laborers and equipment men. The greens are being cut every day. The fairways are being cut as needed. The water and sewer line through Parkwalk was recently completed. - 2 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 Mr. Cheney continued that a specific date for opening has not been set because it depends on the weather. We have had a lot of rain with some washouts, which are being repaired now. A letter will be sent tomorrow indicating we will be open by the end of April. The letter is relative to the final payment, which is $125 plus sales tax. Mayor Warnke referred to the last report showing almost 800 people signed up with 750 on the waiting list and Mr. Cheney agreed this is correct and we do have the members and interest. He added that this letter will point out we want to switch to a fiscal year. It will be indicated that the people can pay for the second half of the 84/85 fiscal year in September. This letter will be in the mail tomorrow to all 800 people who have paid the 3/4 payment. Downtown Development Plan Councilman Cassandra referred to having a tentative proposal given by the Community Redevelopment Agency and a special meeting scheduled for February 23, but stated we do not have input from the business people involved in the first phase. He thinks the Community Redevelopment Agency or the Chamber of Commerce should survey each individual business person to find out if they are in favor of downtown development and if they will invest in improvements of their property. He has heard some business people are concerned. He thinks before we get final reports from the Planning & Zoning Board, the business people should give input. He suggests that the City Manager be charge~ with obtaining a detailed survey for us detailing responses from each business person with their address. Mayor Warnke referred to this being a matter for the C.R.A. rather than the city and Mr. Cassandra clarified that he just wanted the City Manager to get this imple- mented. Councilman deLong explained that the C.R.A. has the power to declare an increase in millage for this area to pay for improvements. Councilman Cassandra clarified that the Council should not get involved until all is ironed out. Mr. Wright clarified that he wanted a report from each person living in the area and Mr. Cassandra responded affirmatively. Budget Request Councilman Cassandra referred to the city Manager and staff starting on the budget soon and stated he would like to know - 3 - w ."", REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA - FEBRUARY 21, 1984 in about a month or two where slots were not filled with a report being given in advance giving the needs in various departments, so we can give this consideration to give direction to the City Manager regarding filling or not filling a slot. Mayor Warnke replied that workshops are held ahead of time to go over these items one by one. Mr. Cassandra agreed that the line items are considered, but we should consider possible increases because of growth. We should not wait until the eleventh hour again to make deci- sions. This should be done in April after the election. At this time, Mayor Warnke recognized the presence of Mrs. Gloria Skinner, who is a candidate in District IV. Downtown Development Councilman de Long asked if we are going to try to upgrade the downtown area or not? This was the object of setting up the C.R.A. He doesn't think people are going to come from the west to shop there. He thinks the money should be invested to upgrade this area. People in other sections of the city are worried their millage will be increased to take care of this area, but only people in that area will have the increase. Mr. Cassandra advised that four businesses in the area have c9nfronted him about what is going to happen to them. Mayor Warnke told about people being concerned about the moratorium. Councilman cassandra stated that the business people should be made aware. PUBLIC AUDIENCE Mayor Warnke announced that anyone who wishes to speak on any item that is not on the agenda is welcome to come for- ward at this time. He added that anyone who wishes to speak on an item on the agenda to please leave their name with the City Clerk and they will be called upon when that becomes the item of discussion. Mr. Joe Fodor, 712 Shore Drive, referred to newspaper articles about the fresh water supply and stated he has measured 1,600,000 gallons per minute of water coming out when the gate is not fully open in the Boynton Canal going into the ocean. This is good water, but could not be used for drinking purposes. If this water is utilized, it could cut 50% of the water usage from the City of Boynton Beach just used for watering of lawns. Mayor Warnke informed him this is regulated by the South Florida Water Management District. He agrees that ultimately we may have to pump water out of the canals for washing. However, if it is to - 4 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, -1984 be used just for utility uses, it would require a separate system for every house in the city. Mr. Fodor further explained how pipes could be installed with hundreds of houses receiving the water. Councilman deLong told about various areas of the country currently distributing water over lengthy distances. After further discussion, Mr. Fodor suggested that the city try using water by this method as it should be started. Councilman Wright agreed he would like to see some of these suggestions explored and suggested that Mr. Fodor put these in writing. Councilman deLong suggested this would be an appropriate time to ask for a report from the Director of utilities through the City Manager's office. We are involved now with revenue certificates for water and sewer and possibly this could come under the same situation. He moved to turn this over to the City Manager and Director of utilities for an in-depth report. Mr. Wright seconded the motion. Under discussion, Mayor Warnke commented that he thinks the South Florida Water Management District has had this in the works for several years looking at the possibilities of this, but we will get a report. Motion carried 5-0. Mrs. Florence Torregrossa, 2045 S. W. 24th Circle, referred to Cedarwood Villas not having sufficient water for their lawn sprinklers to work properly and told about being assessed for the installation of a well. She told how the water shortage and assessment had inconvenienced many of the residents. She thinks Mr. Fodor's suggestion is a great idea. Mrs. Torregrossa then referred to the newspaper articles concerning Pete's Attic and comparison made of Boynton Beach to Boca Raton and stated she thinks these things should be kept at our own community level. She then told about sending a letter to President Reagan and being inspired by a Rev. Heal in Washington. She added that she also has a declaration on religious freedom. She read about the president's support. Councilman Wright asked if she was making reference to the male revues at Pete's Attic and Mrs. Torregrossa replied that she read about it in the paper. Mr. Cheney advised this has been all taken care of. Councilman Wright requested that she leave the documents she referred to with the Council. CONSENT AGENDA - 5 - ~ ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 Bids John Deere 272 Rear Mounted Grooming Mower or Equal - Parks Department The Tabulation Committee recommends awarding the bid to pifer, Inc. in the amount of $1,395. One (1) SS500 Golf Course Injector Unit - Golf Course The Tabulation Committee recommends awarding the bid to Florida Turf Equipment in the amount of $8,995.95. Joint Bid with Delray Beach and Boca Raton - "Liquid Chlorine" The Tabulation Committee recommends awarding the bid to Allied Universal Corp. Request for Zoning Approval for Alcoholic Beverage License V.F.W. Post #5335 500 N.E. 21st Avenue Boynton Beach, FL 33435 The Deputy Building Official notes the zoning at the above location does permit the sale of beer, wine, and liquor in conjunction with a duly licensed private club. Long Full Restaurant 524 S.E. 15th Avenue Boynton Beach, FL 33435 The Deputy Building Official notes the zoning at the above address does permit the sale of beer and wine for consump- tion on premises in conjunction with a duly licensed restaurant. Approve Budget Transfer - Unemployment Benefits Approval of this is requested to transfer unemployment bene- fits to the City Clerk's Department. Approve Change Order - Paul N. Howard The City Manager recommends considering the letter from Jones & Foster, Attorneys, as constituting a change order approved by Paul N. Howard noting acceptance of the final payment in the amount of $20,077.22 and that the city authorize payment of this change order as final payment and that the city Attorney be instructed to prepare appropriate - 6 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 releases for both parties. The City Attorney concurs with this final payment recommendation. Approve cemetery refund request - Block M, Lots 335 & 336 This request was submitted by Mr. Eugene Mahlmeister. List of Payments - Month of January 1984 See list attached. Report on Telephone System for Golf Course The Purchasing Agent submitted a proposal from Southern Bell and recommended this be accepted and installation begin as soon as possible. Approval of Bills See list attached. Councilman deLong moved to approve the City Manager's recom- mended consent agenda, seconded by Councilman Cassandra. Under discussion, Mr. deLong* referred to Mr. Sullivan's memo recommending this be "excepted" from Southern Bell and ascertained this should be "accepted". Motion carried 5-0. BIDS None PUBLIC HEARING Request for annexation and amendment to the Future Land Use Element of the Comprehensive Plan submitted by Vincent J. Gallo for Plaza West, a Joint Venture. Mr. Gallo is pro- posing to annex into Boynton Beach a four acre tract of land located on West Boynton Beach Boulevard in the southeast corner of Knuth Road, and consistent with the request for annexation, the applicant is requesting C-l zoning in an office and commercial land use classification. Legal Description: A parcel of land in Tracts 8 and 25, PALM BEACH FARMS CO. PLAT NO.8, according to the plat thereof recorded in plat Book 5, Page 73, public records of Palm Beach County, Florida. Mr. Annunziato referred to submitting a recommendation and report from the Planning & Zoning Board and pointed out the - 7 - *Corrected - see minutes of 3/6/84 ~ ..., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA - FEBRUARY 21, 1984 location of this four acre tract of land. As required by the comprehensive plan, a report was prepared with a posi- tive recommendation and forwarded to the Planning & zoning Board. He enumerated the three policies considered. There were no adverse comments from the staff. After conducting a public hearing, the Planning & Zoning Board unanimously recommended the application be approved, subject to the applicant dedicating a right-of-way for Knuth Road within 120 days of annexation. Mayor Warnke ascertained nobody desired to speak in reference to this application and then declared the public hearing closed. Councilman deLong moved to accept the unanimous recommen- dation of the Planning & Zoning Board, seconded by Councilman Cassandra. No discussion. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Request for the abandonment of an alley located between Lots 110 and Ill, ARDEN PARK, submitted by Michael J. Gustafson for Tom Gustafson Industries Mr. Annunziato referred to this being a request for an alley abandonment and advised the applicant owns the property on both sides. It was reviewed by staff and went to the Planning & Zoning Board with a positive recommendation sub- ject to the applicant granting an easement for Florida Power & Light Co. After conducting a public hearing, the Planning & Zoning Board unanimously recommended this request be approved, subject to the applicant dedicating an easement to Florida Power & Light Co. to accommodate an existing guy wire. Mayor Warnke ascertained nobody desired to speak in reference to this application and declared the public hearing closed. Mr. deLong moved to approve the unanimous recommendation of the Planning & Zoning Board, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. - 8 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 24, 1984 DEVELOPMENT PLANS Request for site plan approval for Neptune Warehouse sub- mitted by Samuel Kaufman for Kaufman Construction Corporation located at Lot 13, Lawson Industrial Park, Plat 1, S. W. 14th Place. This site plan provides for the construction of a 19,020 square foot office/warehouse complex plus ancillary facilities, on a one acre site. Mr. Annunziato pointed out the location. He advised this went to the Planning & Zoning Board with a recommendation for approval from the City Technical Staff subject to several comments, which the applicant has agreed to. The Planning & Zoning Board unanimously recommended approval of this site plan subject to staff comments. He added there is a request from the staff requesting the name be changed, so the name is not in conflict with existing developments. This was also reviewed by the Community Appearance Board and approved. Mr. Zimmerman advised at the Community Appearance Board meeting, there was a little disagreement regarding main- tenance of the drainage easement between this parcel and another parcel and he did inquire of the City Attorney and was told we should have the understanding that a dedication to a recorded plat does stand that we must rely on the asso- ciation as being the caretaker of the drainage ditch in the the way of lawns and any shrubbery. Mr. Annunziato clarified there is no question as part of Plat I and II, there is a drainage ditch between this property and Congress . Avenue and this is the maintenance responsibility of the property owners in Lawson Industrial Park. Mr. Wright questioned what the new name will be and Mr. Annunziato replied that he suspects the applicant will be submitting a letter. Mr. deLong moved to approve the unanimous recommendation of the Planning & Zoning Board subject to staff comments, seconded by Mr. Cassandra. Under discussion, Mr. deLong commented that people sitting in the audience may think we are rushing these, but every member of the City Council attends the Planning & Zoning Board meetings and knows what is going on. Mayor Warnke agreed and clarified that these things are not being railroaded through as background infor- mation is submitted also. Motion carried 5-0. Request for site plan approval for Congress Commercial Center submitted by stephen Brock for Morris Lubin, General - 9 - ~ .., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 partner, located at Lot 4, Lawson Industrial Park, plat 2, Congress Avenue, south of S.W. 30th Avenue. This plan provi- des for the construction of a 33,570 square foot office/warehouse complex plus ancillary facilities on a 2.29 acre site. Mr. Annunziato explained the location and advised this name will also be changed. This request went to the Planning & Zoning Board with a positive recommendation from the city Technical Staff with staff comments. The applicant agreed to comply with all staff comments, but would like to leave open the following three issues to be discussed at a later date: no hedge along east of property, they have an alter- native to the comments of the Utility and Fire Departments, and the name change. The applicant has now agreed to a name change and the Fire Department and utilities Director found his alternative acceptable. The Planning & Zoning Board unanimously recommended approval of this site plan request, subject to staff comments. The Community Appearance Board reviewed and approved this plan with the variance to the landscape code. Mr. de Long moved the adoption including staff comments, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. Approve request for Excavation and Fill permit, Parcel No. 3, Boynton Beach Mall Promena~e Councilman deLong referred to the memo from the City Engineer being sufficient and moved to approve based upon the recommendations of the memo of February 14, 1984, from city Engineer, Tom Clark. Councilman Wright seconded the motion. Motion carried 5-0. Mr. Cheney added this is a shopping center which has had a sign calling this Palm Beach Promenade and after some discussions, they have agreed to change the name from Palm Beach Promenade to Boynton Beach Promenade. LEGAL Ordinances - 2nd Reading - Public Hearing Proposed Ordinance No. 84-3 - Re: Swinton Avenue - Summit Investments - Annexation Mr. Vance read proposed Ordinance No. 84-3 by title: - 10 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO SECTION VII(32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE AND AUTHORITY TO CODIFY; AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone in the audience wished to speak in favor of proposed Ordinance No. 84-3 and received no response. He asked if anyone wished to speak in opposition and received no response. Councilman deLong moved the adoption of proposed Ordinance No. 84-3 on second and final reading, seconded by vice Mayor Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Motion carried 5-0. Proposed Ordinance No. 84-6 - Re: Swinton Avenue - Summit Investments - Amend Land Use Element Mr. Vance read proposed Ordinance No. 84-6 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY walCH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY - 11 - ~ ., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 LOW-MEDIUM DENSITY RESIDENTIAL TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL~ PROVIDING FOR A SAVINGS CLAUSE~ REPEALING PROVISIONS~ AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Warnke received no response when he asked if anyone wished to speak either in favor or opposition to this pro- posed ordinance. Councilman deLong moved the adoption of proposed Ordinance No. 84-6 on second and final reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Motion carried 5-0. proposed Ordinance No. 84-7 - Re: Swinton Avenue - Summit Investments - Rezone Mr. Vance read proposed Ordinance No. 84-7 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ~ENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH, FLORIDA, BY ORDINANCE, AS R-lAAB, SINGLE FAMILY RESIDENTIAL DISTRICT~ PROVIDING A SAVINGS CLAUSE; REPEALING PROVISIONS~ AN EFFECTIVE DATE~ AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of this proposed ordinance and received no response. He asked if anyone wished to speak in opposition and received no response. Councilman deLong moved the adoption of proposed Ordinance No. 84-7 on second and final reading, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye - 12 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 Councilman de Long Councilman Wright Mayor Warnke - Aye - Aye - Aye Motion carried 5-0. proposed Ordinance No. 84-8 - Re: Correcting clerical error in Ordinance No. 83-45 Mr. Vance read proposed Ordinance No. 84-8 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, CORRECTING A CLERICAL ERROR IN ORDINANCE NO. 83-45, WHICH WAS ADOPTED ON DECEMBER 6, 1983, TO DESIGNATE THE CORRECT BUILDING CODE SECTIONS SO AS TO ADOPT THE STANDARD MECHANICAL CODE AND STANDARD GAS CODE, 1982 EDITION, TOGETHER WITH UNIFORM MINIMUM PALM BEACH COUNTY-WIDE AMENDMENTS AS RECOMMENDED BY THE BUILDING CODE ADVISORY BOARD OF PALM BEACH COUNTY, AS AMENDEDJ PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFYi PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of proposed Ordinance No. 84-8 and received no response. He asked if anyone wished to speak in opposition and received no response. Councilman deLong moved the adoption of proposed Ordinance No. 84-8 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Ordinance No. 84-9 - Re: Amend Ordinance No. 83-41 to include Councilman deLong's suggested stipulations - Community Redevelopment Agency Mr. Vance read proposed Ordinance No. 84-9 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 83-41 TO MORE - 13 - ~ .., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 19~4 CLEARLY DEFINE THE POWERS OF THE COMMUNITY REDEVELOPMENT AGENCY IN DEVELOPING A COMMUNITY REDEVELOPMENT PLAN: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. Mayor Warnke asked if anyone wished to speak in favor of this proposed ordinance and received no response. He asked if anyone wished to speak in opposition and received no response. Councilman deLong moved the adoption of proposed Ordinance No. 84-9 on second and final reading, seconded by Councilman Cassandra. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Ordinances - 1st Reading proposed Ordinance No. 84-10 - Re: Amend Future Land Use - Southeastern Palm Beach County Hospital District d/b/a Bethesda Memorial Hospital Mr. Vance read proposed Ordinance No. 84-10 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN: SAID LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO PUBLIC AND PRIVATE INSTITUTIONAL: AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN ACCORDINGLY: PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. Councilman deLong moved adoption of proposed Ordinance No. 84-10 on first reading only, seconded by Vice Mayor Zimmerman. Under discussion, Councilman Cassandra questioned if "public and private institutional" is the nor- mal terminology and Mr. Vance informed him that is the zoning it will be converted to. Mr. Cassandra asked if it - 14 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 would then convert to PUD and Mr. Vance replied this is within that zoning designation. Mr. Wright commented that the hospital better get moving. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Councilman Cassandra - No Councilman deLong - No Motion carried 3-2. proposed Ordinance No. 84-11 - Re: Rezone - Southeastern Palm Beach County Hospital District d/b/a Bethesda Memorial Hospital Mr. Vance read proposed Ordinance No. 84-11 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-1AA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF SIX, SAID LAND BEING MORE PARTICULARLY DESCRIBED HEREINJ AMENDING THE REVISED ZONING MAP ACCORDINGLYJ PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATEJ AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 84-11 on first reading only, seconded by Mr. Zimmerman. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright - Aye - Aye - No - No - Aye Motion carried 3-2. Proposed Ordinance No. 84-12 - Re: Prohibiting the sale of merchandise from hotel/motel rooms Mr. Vance read proposed Ordinance No. 84-12 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING, SECTION 6. - 15 - 'W' - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING PER DIEM AND TRAVEL EXPENSE REGULATIONS OF CITY OFFICERS, EMPLOYEES, AND AUTHORIZED PERSONS~ PROVIDING A CONFLICTS CLAUSE~ A SEVERABILITY CLAUSE; AND AUTHORITY TO CODIFY~ PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Councilman deLong moved the adoption of proposed Ordinance No. 84-13 on first reading only, seconded by Councilman Cassandra. Under discussion, Councilman Wright clarified that his concern was out of town travel either in-state or out of state as hotel rooms may be exorbitant and he was wondering whether there could be further assistance. Councilman Cassandra suggested there be a clause stating the cost for driving is not to exceed what the plane fare would cost and Mr. Cheney advised this is included. Mrs. Boroni then took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman de Long - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - Aye Motion carried 5-0. proposed Ordinance No. 84-14 - Re: Amending the zoning code to change the parking requirement for hospitals Mr. Vance read proposed Ordinance No. 84-14 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 11. SUPPLEMENTAL REGULATIONS. H. PROVISION OF OFF-STREET PARKING SPACES. 16. TO PROVIDE THAT HOSPITALS MUST HAVE 2.5 PARKING SPACES PER BED RATHER THAN THE PRESENTLY REQUIRED 2.0 PARKING SPACES PER BED' PROVIDING THAT EACH AND EVERY OTHER PROVISION OF SECTION 11. SUPPLEMENTAL REGULATIONS. OF THE ZONING CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED, PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 84-14 on first reading only, seconded by Mr. Zimmerman. Under discussion, Mr. Cassandra stated that he feels 2.5 parking spaces is not enough. This is just requiring - 17 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 COMMERCIAL DISTRICT REGULATIONS AND USE PROVISIONS. C. C-3 COMMUNITY COMMERCIAL DISTRICT. 1. USES PERMITTED. TO PROVIDE THAT SLEEPING ROOMS AND APARTMENT SUITES IN HOTELS, MOTELS, APARTMENT HOTELS, AND APARTMENT MOTELS SHALL NOT BE USED FOR THE DISPLAY, LEASE OR SALE OF MERCHANDISE; PROVIDING THAT ALL OTHER PROVISIONS OF SAID ORDINANCE SHALL REMAIN IN FULL FORCE AND EFFECT; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY1 PROVIDING AN EFFECTIVE DATE1 AND FOR OTHER PURPOSES. Mr. deLong moved the adoption of proposed Ordinance No. 84-12 on first reading only, seconded by Mr. Zimmerman. Under discussion, Mr. deLong referred to this being requested because of complaints about people selling jewelry in motel rooms and it not being the full value and stated as far as he is personally concerned, this is not the ordinance he wanted, but the City Attorney says it cannot be provided otherwise. This ordinance refers to rooms not being used and he wanted banquet or meeting rooms included as this is where such sales are held, but the city Attorney said that would be in conflict with the fair trade act. Ordinances are as good as the court which upholds them. If it is taken to court, then we could find out if it is valid. He would like to see this ordinance amended to include banquet and/or meeting rooms. Mr. Vance replied that he thinks that would clearly violate the constitutional provisions regarding constraint of trade. It can be amended, but he would advise the Council not to do so. Mr. Wright questioned if more research could be done and Mr. Vance replied that he doesn't think that would accomplish much as when you try to regulate commercial areas of hotels and motels, it restrains the right of trade. Mr. deLong clarified that these sales are not held in rooms or apartments, but in the meeting rooms. After further discussion, Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Proposed Ordinance No. 84-13 - Re: Revised Travel Reimbursement The City Attorney read proposed Ordinance No. 84-13 by title: - 16 - ..., ." REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 19~4 another half car per bed. One of the problems was the pre- vious ordinance did not allow enough spaces. He would like to see 2.5 amended to 4 parking spaces, which should be more than adequate for the problems the hospital has. Mr. Cassandra referred to the facts and stated there are 300 to 350 beds, the hospital has stated a need for 1,100 to 1,200 parking spaces, the auxiliary women have 500 cars, there are 190 doctors, plus visitors and employees. Councilman Cassandra moved to amend 2.5 to 4, which would solve the problems for the future. Councilman deLong seconded the motion. Under discussion, Councilman Wright questioned who recommended 2.5 and Mr. Cassandra replied that the Director of Planning did. Mr. Wright questioned his rationale and Mr. Cassandra informed him that with 2.5, only 700 parking spaces would be needed which would not solve the problem. Mr. Cassandra continued that we should do it right now and make sure they get the proper amount they need. There has been discussion that previously there was not consideration given to the parking needed. In Florida, people drive their cars to the hospital and do not use public transportation. Mr. Zimmerman asked if possibly the city Planner had changed his mind and Mr. Annunziato replied that he has not had the opportunity to evaluate Councilman Cassandra's proposal. Councilman Wright suggested tabling this and getting an ana- lysis from Mr. Annunziato. Mr. Cheney suggested that an analysis could be given by the second reading. Mr. Cassandra suggested that the hospital's needs be considered. Mayor Warnke clarified that the amendment is to change 2.5 to 4 parking spaces on proposed Ordinance No. 84-14. Mrs. Boroni then took a roll call vote on the motion as follows: vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke - Aye - Aye - Aye - No - Aye Motion carried 4-1. Mrs. Boroni then took a roll call vote on the main motion as follows: - 18 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 Councilman Cassandra Councilman deLong Councilman Wright Mayor Warnke Vice Mayor Zimmerman - Aye - Aye - No - Aye - Aye Motion carried 4-1. Resolutions Proposed Resolution No. 84-R - Re: Commending the Gray Brothers Mr. Vance read proposed Resolution No. 84-R by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, COMMENDING BOYNTON BEACH'S GRAY BROTHERS Councilman deLong moved the adoption of Resolution No. 84-R, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Councilman Wright Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. . Proposed Resolution No. 84-5 - Re: Approval and execution of Water Supply Agreement with Briny Breezes, Inc. Mr. Vance read proposed Resolution No. 84-S by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE SAID CITY THAT CERTAIN WATER SUPPLY AGREEMENT WITH BRINY BREEZES, INC., A COpy OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. Mr. deLong moved the adoption of proposed Resolution No. 84-S, seconded by Mr. Cassandra. Under discussion, Mr. deLong asked if we are going along with the same surcharge and Mr. Cheney replied affirmativlely, temporarily for this year. Mr. Cassandra asked if we could handle this with our present capacity and Mr. Cheney replied that we are obli- gated from E.P.A. funds in the past and it is planned in the system. Mrs. Boroni then took a roll call vote on the motion as follows: - 19 - ~ ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 Mayor Warnke Vice Mayor Zimmerman Councilman Cassandra Councilman deLong Councilman Wright - Aye - Aye - Aye - Aye - Aye Motion carried 5-0. Proposed Resolution No. 84-T - Re: Approval of Final Plat - Boynton Beach Distribution Center formerly known as South Palm Beach Commerce Center Mr. Vance read proposed Resolution No. 84-T by title: A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR BOYNTON BEACH DISTRIBUTION CENTER IN SECTION 16, TOWNSHIP 45 SOUTH, RANGE 43 EAST Councilman deLong moved the adoption of proposed Resolution No. 84-T, seconded by Councilman Wright. No discussion. Mrs. Boroni took a roll call vote on the motion as follows: Vice Mayor Zimmerman - Aye Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Motion carried 5-0. Other Consider renewal of contract with Durbin Paper Stock Company for Recycling Center Mr. deLong moved to accept the recommendation of the City Manager and execute the renewal of this contract, seconded by Mr. Cassandra. No discussion. Motion carried 5-0. Approve the following water service agreements: a) Frank A. Flower Property b) Greenacres Country Day Schools, Inc. c) Arcadia Properties, Inc. Mayor Warnke referred to the Flower property and questioned how many units are going to be placed on this property and Mr. Cessna informed him there are 110 acres and the density is 4.46 and he believes there are 498 units. - 20 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 Councilman Wright moved to execute the water service agreement for the Frank A. Flower property. The motion died for lack of a second. Councilman deLong asked if this was the day school which applied for annexation and Councilman Cassandra replied negatively. Mr. Cheney asked if it was appropriate to comment on this and Mayor Warnke replied that comments could not be made as there was no second to the motion. Councilman deLong stated he would like to hear comments. Mr. Cheney informed the Council this is a proposal to extend utility services to three pieces of property which have requested it. Vice Mayor Zimmerman added that they will be annexed upon such time as they are contiguous to the city. Mr. deLong questioned the locations of these properties and Mr. Chen~y distributed maps to the Council members and pointed out the locations of these requests. He added that the maps also show the extensions needed to be made to the utility system, which are paid for by these developers. Councilman deLong stated he would like more time to study this and moved to lay this on the table. Mayor Warnke clarified that items Band C are the items being considered for tabling since item A had a motion and was lost for lack of a second. Councilman Cassandra moved to reconsider the Flower property and lump all three items and table them. Vice Mayor Zimmerman seconded the motion. Motion carried 5-0. Consider renewal of lease agrement between the City of Boynton Beach and Thomas E. and Linda Coffey - Access to Landfill Councilman Wright moved to approve this agreement, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Approval of License Agreement for access off High Ridge Road to "Police Firing Range" Property Councilman deLong moved to approve, seconded by Councilman Cassandra. No discussion. Motion carried 5-0. Training of Board Chairmen Councilman Cassandra read the following statement: - 21 - ., -- REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 "Councilmembers, as you are aware, I have been concerned about the appointees to our city boards. It is these boards that advise the City Council on the pros and cons on any issue and of course their subsequent recommendations. Now, some of these boards have quasi-judicial powers and the Council has no final control on their decision and that could put this city in jeopardy. "These problems of concern become very apparent when our boards are involved with sensitive issues. "This consternation came about because of some recent happenings that took place during some of the city board meetings. The lack of parliamentary procedure exhibited by the chairmen could have an effect on any court action that the city might be involved in. This ignorance of procedural policy reinforces the need of training for our chairmen. "Let me highlight a few instances: 1. Recently a P & Z member stepped down because of a possible 'conflict of interest'. This was a policy mistake. An alternate member can't step down unless he is asked to step up. Second, what was an alternate member doing up on the rostrum when the City Council directed that all alternates do not sit up on the rostrum unless they are a voting board member? 2. The topic of 'conflict of interest' and the proper procedure was another area where the chairman lacked parliamentary knowledge. The chairman should have told the board members what procedure they can take if a conflict of interest might exist. Such as: a) The board member does not have to step down, as long as he puts in a dis- claimer. b) The board member can ask his peers to decide. c) The chairman does not decide, since the chairman's decision can be mis- construed as being prejudicial. 3. There were other parliamentary mistakes made by our boards that I don't wish to take the time tonight to enumerate. "Therefore, I move that: - 22 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 1. The City Manager develop a training program as well as procedural policy for our board chair- men. This program is to occur within a month of our new council. 2. The City Manager sees that the chairmen enforce council policy on alternates. 3. All board members that have moved out of the city limits after the code on residency was enacted be asked to leave their board position effective immediately, since they are in conflict with our code. Also, that a letter of thanks be sent." Councilman Wright seconded the motion. Under discussion, Mr. Vance clarified in reference to the last item mentioned, if a member was not a resident of the city at the time of appointment to a board prior to the amendment done last year, he could serve out his term; but if a resident of the city and he moves out of the city after the amendment was passed, he would have to resign. Councilman Wright stated he thinks this is a great recommen- dation. He thinks the City Attorney and city Manager should work in conjunction. It would be timely to have this done prior to all appointments before the first organizational meetings are held in April. Councilman Cassandra referred to the residency requirement being passed in Mayor June and advised that some people moved in July. There should be consistency in the residency requirement. Councilman de Long advised that even if it was not included in the code, the City Council has the power to. remove anyone from a board for just cause and moving out of the city would be just cause. Mayor Warnke referred to the training program and suggested this be held after the chairmen are elected. Councilman deLong referred to the City Manager having plenty of work without being an instructor in parliamentary procedure and suggested giving books to the chairmen. Councilman Cassandra stated there should be a policy with every board opening in a particular way, introducing the members, aSking if there are any conflicts of interest, etc. Mr. deLong agreed there is lack of knowledge of what the procedure should be. Mr. Zimmerman suggested if a training session is not held, possibly a procedure could be spelled out in a memo. Mr. deLong suggested that the city buy Roberts Rules - 23 - ~ ~ REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 of Order books to be assigned to the chairmen. After further discussion, the City Manager was requested to comment. Mr. Cheney stated it has occurred to him during the last few years when new board members are appointed, we have not done a great amount to educate them what the rules are. We have given them a copy of the code. He thinks we should give them more of a package and maybe sit down with the board members altogether. He thinks some general discussion might be helpful for board members. He agrees a Roberts Rules of Order book should be available for each chairman. There is also a simplified version of parliamentary procedure, which we will acquire and give to all board members. Mr. Wright stated that some of the boards have had questions about functions and these should be considered and the boards should make recommendations to the City Council. Mayor Warnke repeated Mr. Cassandra's motion. Mr. Cheney suggested that the session be held within a month after the new council makes the appointments and Mr. Cassandra agreed this was his intent. Motion carried 5-0. OLD BUSINESS NONE NEW BUSINESS Review preliminary proposed street resurfacing list for 1984 Mr. deLong moved to accept the list as formulated, seconded by Mr. Cassandra. under discussion, Mayor Warnke referred to this list being modified throughout the year as emergen- cies come up and Mr. deLong agreed that everything is sub- ject to change. Mr. Zimmerman commented that the number of streets being done is few in number, but that is due to the budget not being large. Mr. Cheney noted that the small street that he lives on is on the first part of this list. Motion carried 5-0. Clarification of voting Precinct Locations Councilman de Long told about the people living in Seagate of Gulfstream being changed to the Go1fview Harbour precinct while the residents of Colonial Club and Hampshire Gardens - 24 - REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 can go over to the Knights of Columbus. Mayor Warnke stated this change was made by the Supervisor of Elections office and we had no control over it. Mr. deLong further explained how it was inconvenient for these people to travel to Golfview Harbour. Councilman deLong moved to have the City Manager get in touch with the Supervisor of Elections about this. He thinks the Supervisor of Elections office should go out in the field and check these things out. He doesn't see why these people could not be fielded into the Knights of Columbus precinct. He would like to have the city Manager look it over and Mr. Vance can get into the legal aspects. Mr. Vance suggested perhaps the motion should be to have Jackie Winchester re-evaluate the precinct lines in that particular area and the voting locations. Mr. deLong clarified that he was just concerned with this one develop- ment. Mr. Cassandra told about Chanteclair and palmland bypassing Golfview Harbour to vote at Forest Park School. Mr. Wright suggested that all the locations be checked. Motion carried 5-0. ADMINISTRATIVE Consider appointing one member to Boynton Beach Housing Authority (Tabled) It was suggested to hold off on this appointment until after the election. Appoint one representative to Community Action Board and one. J alternate (Tabled) It was suggested that this wait another month. Appoint two members to Screening Committee to review Industrial Development Bonds Mr. de Long asked if we have much time on this and Mr. Cheney replied that he thinks there are people who would like to make applications. We cannot accept applications until having a screening committee to review them. The Chamber of Commerce has appointed William R. Martin and Richard Lambert and two Council members are needed. Councilman deLong moved to appoint Vice Mayor Zimmerman and Councilman Cassandra. Councilman Wright seconded the - 25 - ... ..., REGULAR CITY COUNCIL MEETING BOYNTON BEACH, FLORIDA FEBRUARY 21, 1984 motion. No discussion. As requested, Mrs. Boroni took a roll call vote on the motion as follows: Councilman Cassandra - Aye Councilman deLong - Aye Councilman Wright - Aye Mayor Warnke - Aye Vice Mayor Zimmerman - No Motion carried 4-1. Consider approval of special events sign for Boynton Beach Library Quilters and the Boynton Woman's Club Mr. deLong moved to grant, seconded by Mr. Wright. No discussion. Motion carried 5-0. ADJOURNMENT Mr. deLong moved to adjourn. The motion was seconded and unanimously carried and the meeting properly adjourned at 9:26 P. M. CITY OF BOYNTON BEACH, FLORIDA ATTEST: p~ {~ L ~ ~" ~ouncilrnan <&9~ , c~ty Clerk ~"Px:. ~"'/ / Recording Secretary (Two Tapes) - 26 - I~.vo u~ t=~rnt'4JrA~.~lI/r f ~"Jo<IV1-oV6 MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING HELD AT CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 24, 1984 at 7:30 P.M. PRESENT Simon Ryder, Chairman Garry Winter, Vice Chairman Ezell Hester Ronald Linkous Caesar Mauti Robert Wandelt Walter Kies, Alternate Stormet Norem, Alternate Lillian Bond'Mded per minutes of 2/14/84 . ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Carmen S. Annunziato Director of Planning Tim Cannon, Senior City Planner Chairman Ryder called the meeting to order at 7:30 P.M. He introduced the Members of the Board, the Director of Planning, Senior City Planner, Mayor James R. Warnke, Vice Mayor Carl Zimmerman, Councilmen Joe deLong and Nick Cassandra, City Manager Peter Cheney, and Recording Secretary, Barbara Schwertfager. READING AND APPROVAL OF MINUTES The minutes of the January 10, 1984 meeting were approved upon a motion by Mr. Mauti seconded by Mr. Wandelt. The motion carried 7-0. ANNOUNCEMENTS Chairman Ryder announced that there would be a workshop meeting on Wednesday, February 8, 1984 at 3:00 P.M. in Council Chambers to conduct a review of the Community Redevelopment Plan. This workshop meeting will be followed up on Thursday, February 23, 1984 at 7:30 P.M. in Council Chambers at which time the Community Redevelopment Plan will be evaluated on its consistency with the Comprehensive Plan. Both of these meetings will be held in addi- tion to the regular meeting of the Planning and Zoning Board to be ~eld on Tuesday, February 14, 1984 at 7:30 P.M. COMMUNICATIONS None OLD BUSINESS None -1- " ........,.-'l. ~. .,. ~ vi. ~ r ~:, . t ~. c:::::=> ~ ~ C:e!J 1O '-' .., MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 NEW BUSINESS PUBLIC HEARING Land Use Element Amendment and Rezoning PROJ ECT NAME: Bethesda Memorial Hospital PUD AGENT: Kilday & Associates, Inc. OWNER: S.E. Palm Beach County Hospital District S.W. 23rd Avenue between Westchester Heights and Ridgewood Estates LOCATION: ('- Planned Unit Development to provide for the construction of 772 parking spaces, plus a 25,000 sq. ft. ancillary office building LEGAL DESCRIPTION: Beginning at the Southeast corner of Lot 19 of the plat of Benson Heights, Boynton Beach, Florida, as recorded in Plat Book 24 at page 151 of the public records of Palm Beach County, Florida; thence Westerly, along the South line of said plat of Benson Heights, a distance of 600.02 feet to the Southwest corner of said Benson Heights~ thence Northerly, along the West line of said Benson Heights, a distance of 655.09 feet to the Northwest corner of said Benson Heights~ thence continue Northerly, making an angle of deflection of 00-011-02" to the right, a distance of 75.10 feet to an intersection with the South right of way line of Southwest 23rd Avenue (Golf Road) as shown on 1-95 right of way map Section 93220-2411, Sheet 26~ thence Easterly, along said right-of-way line, a distance of 651.20 feet to a point~ thence Southerly a distance of 74.95 feet to the Northeast corner of Lot 1 of the said plat of Benson Heights; theQce continue Southerly, making an angle of deflection of 00-001-4l" to the left and along the East line of said Lot 1 a distance of 124.70 feet to the Southeast corner of said Lot 1; thence westerly along the South line of said Lot 1 ~ distance of 50.00 feet to an intersection with the Northerly extension of the East line of Lot 24 of the said plat of Benson Heights; thence Southerly, along said Northerly extension and along the East line ~f said Lot 24 and the East line of Lot 25 of Benson Heights and he Southerly extension of the said East line of Lot 25 a ~ istance of 400.06 feet; thence Easterly along the North line of 1~ hat portion of S.W. 2nd Street as abandoned by City of Boynton each Resolution No. 82-U and recorded in Official Record Book ~~ 086, pages 1693 and 1694 a distance of 25.0 feet; thence ~ outherly, parallel with the East line of said Lot 19 of Benson ~ eights, a distance of 130.02 feet to an intersection with the ;-aster1y extension of the South line of said Lot 19; thence ~ sterly, along said extension, a distance of 25.0 feet to the int of Beginning. DESCRIPTION: \- o o 'I" -2- MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 Chairman Ryder commenced the public hearing by saying that because this single item has been a controversial one that has created a tremendous amount of attention, in order to avoid any charges of improper procedures, he wanted to make available to any member on the Board an opportunity to step down, if they felt that they were directly involved with any of the other parties involved, and might be unable to render an objective or impartial opinion on this issue. Given this opportunity, Mr. Norem said that even though he didn't feel that a conflict of interest existed, he is a member of the Bethesda Memorial Association which is a fund-raising organiza- tion affiliated with the hospital, and although it was not a part of the hospital, he still felt that other parties might feel that there was a conflict of interest, and he chose to be excused and step down. Chairman Ryder told Mr. Norem that although he was stepping down, he was still permitted to participate from the floor. Mr. Mauti then said that he lived right across the street from the hospital, however, he felt that he had an open mind, and didn't feel that there was a conflict of interest owing to the fact that he would not realize any monetary gain or loss. Since he was a builder who built his home ten years ago, even though he might sell it at $50,000 less than it was worth, he would still not experience a loss. Chairman Ryder expressed his thought that because Mr. Mauti was in fact a homeowner involved, along with legal counsel being involved, that it would be improper for Mr. Mauti not to step down. Mr. Mauti said he didn't think that there was legal counsel pre- sent, and still felt that there was no conflict of interest; however, he would leave the final decision up to the Chairman. Having been given a written opinion from the City Attorney indi- cating that Mr. Mauti's presence on the Board did constitute a conflict of interest, Chairman Ryder said he believed that Mr. Mauti should disqualify himself from the Board's proceedings, and made a request that he do so. Mr. Mauti was reluctant, however, because Chairman Ryder did make the request, he said he would step down. It was brought to Mr. Mauti's attention that this did not preclude him from speaking from the floor. This completed, Chairman Ryder appointed alternate, Mr. Walter Kies, to replace Mr. Mauti. -3- ., .." MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 For those unfamiliar with the procedures of the Planning and Zoning Board, Chairman Ryder explained that following a presen- tation by the Planning Director, the applicant, or his representative(s) would be free to speak in favor of their propo- sal. Following this, anyone wishing to speak in favor of the application may do so, and then anyone wishing to speak in oppo- sition to the application may do so. When the public hearing is closed, the matter then becomes something to be discussed by the Board Members and subsequently voted upon to make a recommen- dation to the City Council. In commencing his presentation, Mr. Annunziato pointed out the area in question from an overlay, and indicated that this propo- sal was to be on a 10.4 acre parcel of land. In terms of existing uses, the parcel in question is actually formed by two previously platted parcels - one being Benson Heights that is served by an extension of S.W. 24th and 25th Avenues and the par- cel that is adjacent to S.W. 23rd is a previously platted sub- division. The elevations range from 36 feet to 18 feet. These properties are moderately forested with mango and pines. Also pointed out was High Point to the north. Mr. Annunziato continued by saying that the hospital is proposing to develop this property in two phases with Phase I being comprised of approximately 380 parking places, with about 60 of the parking spaces being on site, and with the development of Phase I there is the possibility of constructing a radiation therapy facility which would be-attached to the hospital proper, and the reconfiguration of two houses that are on S.E. 2nd Street would be for hospital use. In connection with Phase I develop- ment, the hospital is proposing to construct a 40-foot landscape buffer on the east and west which would consist of a six-foot earthern berm, and the driveways on S.E. 2nd Street would be removed. Phase II provides for the construction of another 380 par~ing places and a 25,000 sq.ft. ancillary building for office use. Also included in this phase is a buffer which would screen the residential neighborhoods. Further, there is an access route which is currently on S.W. 23rd Avenue which connects the hospi- tal proper driveway. In making an evaluation, Mr. Annunziato pointed out that the application was reviewed according to its consistency with the Comprehensive Plan. In this regard there are five policies to take into consideration (Copy attached). In reviewing these policies Mr. Annunziato pointed out that it was assumed that the hospital had a need to expand hospital faci- lity use, since an application was submitted. This, therefore, was sufficient in meeting the requirement set out by Policy 1. -4- MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 As regards the following four policies, Mr. Annunziato said there was more difficulty involved in determining consistency. Therefore, what was done to evaluate consistency was to deter- mine the impact on the neighboring residential areas to see if this application was to have a positive recommendation made. The criteria used was - noise, fumes, privacy, prevailing pro- perty values, visual impact, glare, heat, drainage, security, fire protection, traffic, and precedent for commercial zoning on S.W. 23rd Avenue. An analysis was made of each of these criteria and their impact on the land use, and based on the information submitted, it was found that the neighborhoods in question would not be significantly impacted. In this light, a positive recommendation was made, subject to twenty-one (21) recommendations to the hospital. Mr. Annunziato then read his recommendation into the record, a copy of which is attached. In conclusion, Mr. Annunziato pointed out that the burden of proof was put on the hospital to prove that their pro- posal would not negatively impact the surrounding neighborhoods. Chairman Ryder asked Mr. Annunziato to read the twenty-one (21) recommendations into the record, a copy of which is attached as Exhibit H of the Planning Director's Memorandum. Joel Strawn, Esq. MacMillian, Newett, Adams, Strawn, Stanley and Botos Delray Beach Mr. Strawn was the first person to speak in favor of the applica- tion, as he is the attorney representing the hospital in this regard. Introductorily, Mr. Strawn said that the hospital had been working for approximately two years to iron out problems that existed so that the final proposal would be amenable to all. Initially he said that the hospital had wanted to just apply for rezoning to PU (Public Use) which meant that within that zoning the hospital could do anything it wanted to as long as it was consistent with that zoning. This, however, brought much concern to the residents. After many discussions, including those with citizens, and an effort to relate to their needs and concerns - traffic on N.W. 2nd Street, property values, etc., the plans as they have evolved wound up with the hospital signing a Stipulation with the Court, which Mr. Strawn indicated embodied the proposal being made now. In signing the Stipulation the hospital realized that they would have to go through various City procedures, and the twenty-one recommendations made by Mr. Annunziato were ones that the hospital would adopt. -5- ~ .., MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 Mr. Kieran Kilday, President Kilday Associates, Inc. West Palm Beach Mr. Kilday, agent, came forward and said that following the aforementioned Stipulation, his company was retained to propose a design that would be in conformance with the Stipulation, meet City requirements, and provide for community needs - present as well as future. Ultimately, they would provide for 470 beds which is the maximum amoun1 allowed a Community Hospital. As indicated, their plan is in two phases. Phase I allows for a radiation therapy facility to be built on hospital property. Currently he went on, the only radiation therapy facility available was in Boca Raton and West Palm Beach. Phase II provides for further parking and the construction of a 25,000 square foot building. This building does not have a construction date, however, all current and future intentions of the hospital want to be made clear now so that there is no problem in the future. Mr. Kilday then introduced the technical experts involved with the proposal and who have submitted studies on their findings. Mr. Kilday said that they would all be available for questions, but he first wanted to point out that the twenty-one recommen- dations mentioned previously had been incorporated in the proposal. Prior to hearing from the experts, Chairman Ryder expressed his thought that acceleration and deceleration lanes, where the pro- posed access road intersects S.W. 23rd Avenue, would be an appropriate measure. Mr. Kilday said that would be no problem. Dr. Stanley Dunn Dunn & Associates Boca Raton Dr. Dunn came forward to give a brief synopsis of his report on "noise". To give an idea of what he looked at, he said, he gathered data on the present environmental noise, and that which would be created by the hospital's proposal. This was done for both the daytime and night. Further he said, he gathered infor- mation on noise from the use patterns that would be likely to evolve, as well as noises created by parking lots - i.e., travelling cars, cars being started, etc. Distance was also taken into consideration, and although noise can be heard, the activities that would ensue would not create a problem with noise levels. -6- MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 No one had any questions for Dr. Dunn, and Mr. Kilday introduced Mr. Ken Kissel, Associated Appraisers, Palm Beach Gardens, their expert on property appraisals. Mr. Kissel said that he did a study on the immediate area (a home adjacent to the hospital that sold, and a home adjacent to the hospital south of church pro- perty which sold.) Further, he said that there were three other sales, two of which were across the street from the hospital and one that was one street over. Mr. Kissel said that he took his study a step further to Boca Raton where a community hospital is located, and found that there were no adverse affects on property values in that area either. It was pointed out that in fact Mr. Kissel did not make the appraisals themselves, but these were houses that had sold in 1982 and 1983. Mr. George Webb Kimley Horn & Associates, Inc. West Palm Beach Mr. Webb was then introduced as the traffic engineering expert. In his study, Mr. Webb said that what was included was traffic as regards the radiation facility, the administration offices and the medical offices. What was analyzed for these facilities was the count distribution and assignment, calculations where trip demands would come from, as well as a capacity analysis. Summarily, Mr. Webb said that both Seacrest and 23rd Avenue had sufficient capacity to handle the increased traffic. Additionally, he said that it would actually improve the inter- section because of the diversion of trips, and not having to use the intersection. Mr. Webb said that they would require a turn lane into the facility, particularly a left turn lane. Mr. Linkous asked Mr. Webb what the traffic count was, and Mr. Webb said that in a 24-hour period there were 8,000 cars. Since it appeared that no one had any questions for the experts as yet, Chairman Ryder, in continuing the public hearing, asked if anyone wanted to come foward and speak in favor of the application. Mr. Erwin Einhorn, Boynton Beach Mr. Einhorn came forward and indicated that he was a volunteer for the hospital and that he had a petition to make a part of the record. Weather conditions had kept him from getting all of the signatures that they had hoped for, however, he did have 69 signatures representing 50 of the 131 property owners within 400 feet of the subject property. Mr. Annunziato read the Petition into the record, and a copy is attached hereto. -7- ~ .., MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 No one else wishing to speak in favor of the application, those having something to say in opposition came forward. Mr. Gene Guerdin 2412 S.W. 4th Street Ridgewood Estates Although Mr. Guerdin said that he knew the hospital had a need for parking, his main concern was that the hospital did not have an acute need for land, and he did not understand why the Hospital would not consider angle parking. At a much earlier meeting of the City Council, Mr. Guerdin said that an expert showed the hospital how to utilize angle parking, however they never did get in touch with that individual. Mr. Guerdin then reiterated his concern that he did not believe that so much land was needed. Mr. Caesar Mauti 24th Avenue, Boynton Beach Having a number of items to be spoken about in opposition, Mr. Mauti chose to start with the appraisal end of the situation. The house that is referred to as house no. 3 in the appraiser's report along with 3 lots south of house no. 3 - Briefly, Mr. Mauti said that he built six of the ten houses that were built in that area. This particular house that was mentioned in the report was sold by the nephew of deceased people. Included in the sale of the house was a chain link fence, all storm win- dows, and all of the furniture. To his belief this sale was a "steal". Mr. Mauti's next point was that when he purchased this property, each lot cost his $2,800, whereas any of the lots that were in the vicinity, however, not adjacent to or behind the hospital, all ranged from $3,500 to $4,200. Mr. Mauti indicated that he did not feel that it was fair that a home in Ridgewood Estates or Westchester Heights had not been repre- sented in the appraiser's report. Mr. Mauti then pointed out that in fact a house in Westchester Heights had sold and there was a loss of perhaps $60,000. He then clarified this statement that it was not a loss, but keeping in mind that construction costs increase every day, this was not an equitable profit. -8- MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 As regards noise, he said that for some reason the study was con- fined to the parking area, but what about slamming car doors, and honking horns, and cars coming in and out. Mr. Mauti then wanted to know why the City Planner had not checked with the City Manager to see how many complaints were received about hospital noise, fumes, soot. Mr. Mauti brought the Board's attention to minutes dated December 4, 1981 where the hospital indicated that they needed only lOa parking spaces. How can you go from 100 spaces to 10.4 acres? Parking garages (clarified by Chairman Ryder to be a multi-level structure) were an item next brought up by Mr. Mauti. Incidentally, Mr. Mauti said, the 10.4 acres comes off of the tax roll. He then proceeded to say that if the City had been a little more stringent with parking, the expansions would not have gone up so readily, and perhaps there would have been less opposition. Ridgewood Estates, Mr. Mauti said were the big losers in this situation. After having checked the Comprehensive Plan, Mr. Mauti said that he could not find where it didn't say to preserve the residential neighborhood, which was his closing remark. Mrs. Mary Samyn 151 S.W. Seacrest Avenue, (Directly across the Street from the proposed application) Mrs. Samyn asked Mr. Annunziato if he had said S.E. 2nd Street? He said no. And she asked that it be corrected. Mrs. Samyn then wanted to know how she could be assured that a road would not come into Third Avenue onto S.W. 2nd Street? Mr. Annunziato said that S.W. 2nd Street between S.W. 25th and 26th Avenues, is no longer a publicly dedicated right-of-way. He said that it was abandoned by Resolution 82-U a year and a half ago, and the City has not constructed barricades across. He said that he suspected that in the very near future the white pavement that is seen will be modified considerably. Mr. Annunziato further addressed Mrs. Samyn by showing her the access that is proposed by the plan which currently takes into account the comments made in his memo to the Planning and Zoning Board which provides for a new access between 23rd Avenue and the hospital, somewhere between Westchester Heights and Ridgewood Estates -9- .., .., MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 Mr. Robert Foot 2400 S.W. 1st Street Mr. Foot's first concerns were the storm drainage, maintenance of landscaping, and security. Next was his question about the traffic allegedly being improved on 23rd, trucks using the access road, and where the helicopter pad will be. Mr. Foot also thought that this meeting was a workshop session, and that no decisions were being made tonight. When he learned contrary, he asked to have some of his questions addressed. First, Mr. Annunziato mentioned that all of Mr. Foot's concerns were pertinent, and they were all addressed in the Memorandum of Recommendations mentioned previously in the meeting. However, because this Memorandum had not been made available to the public, he said that the people from the hospital should address the questions. Mr. Kalmer was asked to come forward to address the issue of storm drainage. He started out by saying that the elevations went from 35 to 18 feet (towards the back of Ridgewood Estates) Retention basins are located on the upper portion and the lower portion of these elevations. What was basically at issue here was whether or not there would be any run-off into the residential neighborhoods, as was pointed out by Chairman Ryder. Mr. Kalmer said that between the berm, and retention basins, there would be no problem (with a three year storm). Mr. Foot was concerned that this was only for the three year storm. Cha~rman Ryder said that for more details, and so that Mr. Foot would feel more secure with what is being proposed that he follow-up with Mr. Annunziato and Tom Clark (City Engineer). Mr. Kilday also pointed out that in items l2 and l3 of Exhibit H, attached hereto, that the drainage situation was covered, and that whatever needed to be done to meet drainage requirements would be taken care of. Regarding security, Mr. Kilday cited numbers 14 and 15 of Exhibit H, and said that these requirements would be submitted to the Police Department for their input prior to installation. Regarding maintenance of landscaping, there are no provisions he said, however, the City's Landscape Code requires that landscaping be maintained. -10- MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 With regards to traffic, and the one item about 23rd Avenue and whether or not people will be making the right hand turn from Seacrest and then a left hand turn into the parking lot, Mr. Kilday let their traffic expert handle the question. He indi- cated that with a left-turn lane, in fact traffic would be reduced. Chairman Ryder mentioned 2nd Avenue and the source of annoyance it was when it was opened. Relating to the trucks and using the access road, and- the heli- copter pad, Mr. Kilday said that the helicopter pad is going to be redesigned on top of the radiation therapy building. Currently it is located about 50 feet west of the parking lot. Delivery trucks will probably continue coming in from Seacrest. In concluding, Mr. Foot said that he would like to find out more details about the drainage and the collection of water, as well as the buffer areas. Once again, Chairman Ryder said that he would suggest that the drainage engineer meet with the City Engineer to see what can be done. Mrs. Dorian Trauger 702 SW 28th Avenue Mrs. Trauger said she was concerned about 6th Street and how it would be affected by these changes, and she was assured it would not be affected at all. Mr. Mauti came forward again to point out that Ridgewood Estates at the top end was represented in the schematic incorrectly in that he believed that there was at least a ten foot drop. Chairman Ryder wanted to know if the purpose of the berm was not to take care of this. Mr. Strawn thought that he could explain the situation, and he said that the surveyor went on the property to figure the eleva- tions and the berm would be a foot and a half above the lowest elevation of the parking lot so that if there was a problem, it would be that of the hospital. Chairman Ryder then wanted to know if the existing grade for the private property was to scale with the scale of elevations that are shown by the hospital. Mr. Kilday, referring to a topographic survey, pointed out how all surrounding elevations were shown. -11- ., ..., MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 Mr. John Drakio 702 SW 28th Avenue Mr. Drakio said that he was about the lowest house on the street, and that on occasion he had problems now, and he did not feel that the berm was going to be the solution to the drainage problem that has been the subject of conversation. On the subject of appraisals, Mr. Drakio said that he knew people who had been trying to sell their homes and that they were unable to get rid of them. He said that he had even had an experience wherein someone, looking for another house that was for sale in the neighborhood, asked him if this was the area where the hospi- tal was going to build the parking lot, and when he answered "yes", they just left indicating they were no longer interested in looking. As much as he liked the hospital, he said that he had to object to their application. Cecil Fultz 147 SW 24th Avenue As regards the two houses that are mentioned in the first phase of the application, Mr. Fultz wanted to know what use the houses would be put to. Mr. Hill said that basically these homes would be used for cleri- cal, office type facilities, however, he would not go on record making a definitive "promise". He would say however that they would not be used for any in or out patient facilities, and that there is an extensive number of uses listed in the Court's Stipulation that they could chose from when the time arrived~ Speaking of the uses listed in the Stipulation, Mr. Hill said that all of the uses were quiet, clean procedures that were health care related. Mr. Annunziato then tried to explain the Stipulation by saying that the uses ultimately determined by the Court as being reaso- nable uses were based on performance criteria set forth by the City, i.e. noise, pollution, appearance, etc., and primarily they would be office uses. Mr. Fultz wanted to also express his feeling against the parking lot being on the proposed piece of property. He felt that from the very beginning that the number of parking places was excessive, and that the hospital withheld a lot of truth and that at this time it was difficult to trust the actions of the hospital. -l2- MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 Chairman Ryder then closed the public hearing, and went to the Board for discussion. Mr. Winter merely wanted to say that he thought perhaps signali- zation would be in order at the access road, as he believed it was a potential speedway. Mrs. Bond said that she felt that the drainage situation should be gone into further, and Chairman Ryder agreed. There was no further discussion, and in summation, Chairman Ryder said that this situation has been going on for some time. He indicated that there have been denials by the P&Z Board as well as by Council, because at that time it was felt that the hospital showed little concern for the effects on the neighboring homes. However, he felt that this application came "a long way". He also said that he felt that the Planning Director had conducted a comprehensive study and that he felt that he had been given suf- ficient cause to concur with the recommendations of approval. Mr. Linkous said that he wanted to say that he understood the distrust that had built up on both sides, and he hoped that the people now understood that this was a total proposal on the part of the hospital, and that they were not going to come back in a year or two and request any more. If that was understood, he wanted to make the motion to recommend the approval, subject to the twenty one recommendations, with particular reference to items 12 and 13. Chairman Ryder suggested that in the motion that they "embrace the description of subject matter", in that they could vote to approve the future land use element of the Comprehensive Plan from moderate density residential to public and private institu- tional and rezone from RlAA to PUD. To reiterate his previous statement, Mr. Linkous said that once the PUD was approved, that it cannot under any circumstances be changed. Mr. Annunziato explained that a PUD is the type of zoning district that requires master plans for the future development of land, and that this would have to be a 'picture' of what would be deve- loped on-site, and the only way a master plan can be amended is to be reviewed by the City Council for a determination of substantial change. Following action by the City Council there is action that would need to be taken by the Planning and Zoning Board, and if there is a finding of substantial change, the applicant is forced to go back to a zoning procedure, to start allover again, and in fact if a finding of substantial change were made Mr. Annunziato felt that the applicant would probably withdraw, rather than lose the zoning that it has. -13- . , '-' .."" MINUTES OF THE PLANNING AND ZONING BOARD SPECIAL MEETING BOYNTON BEACH, FLORIDA January 24, 1984 Mr. Linkous then made a motion to approve the application for Future Land Use Element Amendment and Rezoning, subject to the incorporation of the twenty-one recommendations mentioned throughout the meeting. Mr. Winter seconded the motion. * See minutes 2/14 Mrs. Schwertfager then took a roll call vote on the motion as follows: Mr. winter - Aye Mr. Hester - Aye Mr. Linkous - Aye Mr. Wandelt - Aye Mr. Kies - Aye Mrs. Bond - Aye Chairman Ryder - Aye Motion carried 7-0. ADJOURNMENT Chairman Ryder duly adjourned'the meeting at 9:40 P.M. Respectfully submitted, -14- 7 "~..._,i '. ORDINANCE NO. 3J.j-/O AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AJvIENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS HORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM l'lODERATE DENSITY RESI- DENTIAL TO PUBLIC AND PRIVATE INSTITUTIONAL; ~1ENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPRE- HENSIVE PLAN ACCORDHJGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, has adopted a Comprehensive Land Use Plan and as part of said Plan,a land use element by Ordinance No. 79-24, in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Land Use Element of"a'Comprehen$ive Plan as set forth in Section 163.3184, Florida Statutes, has ~een followed; and WHEREAS, after public ~earing and study, the City Council deems it in the best interests of the inhabitants of said City to amend the afor~said Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREfORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That Ordinance No. 79-24 of the City is hereby amended to reflect the following: that the land use of the following described land is hereby changed from Moderate Density Residential to Public and Private Institutional, said land being more particularly described as follows: See Attached Exhibit A Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. ,I. / I Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING this d/.;l day of hhru-QJvy , SECOND READING and FINAL PASSAGE this ~ ~ day of 1984. ~ , 1984. CITY OF BOYNTON BEACH, FLORIDA ~d-;??~ ~effi -=> (~~~~ 1~lCf (J'YJd4fL",- CO CIL HEMBER . d~;4Z .- ATTEST: ~~/~ ,I (Seal) I, i" Anatomic and Clinical Laboratory Cardi ology Cardiology Diagnostics Dent a 1 Diagnostic Radiology Endos copy Gastroenterology Gynecology . Neuro logy Noninvasive Angiography Nuclear Medi cine Opt h a 1 mo logy Orthopedic Otorhynolaryngology Pulmonary Medicine Rehabilitation Medicine Rheumatology U r 0 logy Nephrology CT Scanning Radiation Therapy Oncology Surgery Chemot her apy Speech Pathology - Audiology Living Education Nutrition - Obesity - Post Hospital Discharge Education - Smoking Physi cal Therapy Servi ce - Oncologi c Cardiac Orthopedi c: Burns Neurologic - Other Acute Gerontology Adu 1 t Day Care Home Health Care Child Day Care Gerontologic Technician Training Hos pi ce Servi ce , Bereavement Service Invasive Cardiac ~ngiography Complex Neurology Problem Service Specialized Ophthamology End Stage Renal Disease Electronmi croscopy " V // ;/ APPENDIX TO EXHIBIT "B" Page 2 /. ,,~ SU~~RY OF STAFF COMMENTS AND RECO~lliENDATIONS 1. Adopt policy related to use of emergency sonic devices a~d move the entrance drive to a point more central to the s~te in order to diminish the impact of vehicle noise on the neighborhood to the west. 2. Install signs in the parking area which state that the area is a "No Noise" or "Quiet Area". 3. Provide a detailed landscaping plan for the parking lot and buffer areas. 4. Indicate whether the lighting fixtures will be provided by Florida Power & Light or by a private contractor. 5. Provide details of the luminaries and pole types. 6. Provide average illumination levels in footcandles for the parking lot area. 7. The level of lighting in the parking lot may be reduced; however, any reduction must be measured against security needs. 8. Use cut-off lighting fixtures in the parking lot and direct the building lot lighting downward. 9. Redesign the parking lot to save more trees. 10. Construct a six (6) foot high, decorative masonry wall in east and west landscape buffers while keeping a minimum setback of 25 feet from the property line. 11. The placing of ~rees and shrubs in the parking lot should be balanced against the needs of a video surveillance system. 12. If the plans for the parking lot are modified, the Engineering Deoartment reserves the riaht to reconsider its evaluation of-the drainage system. ~ - 13. The hospital must secure a general permit from the South Florida Water Management District for storm water management purposes. 14. Install surveillance security cameras in the parking lot which provide full coverage. 15. Expand the foot patrol from the current hospital site into the proposed parking lot. 16. Construct a twelve (12) inch water main from S.W. 23rd Avenue along the new access road to the rear of the hospital, thence along the rear of the hosoital to the southwest corner of the hospital property, thence east along the south side of the hospital to the existing dead-end eight (8) inch water main. 17. Provide additional fire hydrants on the proposed twelve (12) inch water main where appropriate. 18. Construct a left-turn lane east approach on S.W. 23rd Avenue and secure a turn-out permit from Palm Beach County. EXHIBIT IlB" 19. Pay the Palm Beach County fair-share impact fee. 20. Leave a twenty-five (25) foot landscape buffer of native vegetation adjacent to S.vl. 23rd Avenue, and where trees or siqnificant stands of native vegetation exist south- ward of the twenty-five (25) foot buffer, ?reserve them in parking lot islands. 21. The proposed office building shall not exceed twenty-five thousand (25,000) square feet in size, and it shall be moved farther south. 22. Decorative masonry wall and landscaping in the buffer shall be presented to the Community Appearance Board for review. 23. The uses to which the proposed twenty-five thousand (25,000) square foot office building and two (2) existing residences are limited are the uses which appear in the attached Appendix. EXHIBIT Page 2 I1BI1 If? }. ...._ ..,..__,_c--___~......__~.~.. ".'-'_' __ .y."V.M____~.___ .... . The structures that would be constructed on the proposed parcel would be for the following p~ssible uses: Medical Office Building Pharma cy EKG ECG Occupational Therapy Respiratory Therapy Mid-Wives Services Operating Rooms Re covery Rooms Communi cat ion Dietary Medi ca 1 Records Clean Linen Storage Quality Assurance Trans cri pt i on Archives Storage Admitting Office Business Office Accounting Office Controller Data Processing Services Pur chas i ng/Stores Soei a1 Servi ces Medical Library Se cur i ty Offi ce Risk Management Legal Offices Personnel Offices Public Relations Vo 1 unteers Internal Auditor Bethesda Memorial Hospital Auxiliary Hospital Association Meeting Rooms Auditori urn Memorial Fund Office Medical Staff Office Hospital Administrative Offices Prenatal Education .Family Planning Servi ce Obstetri cal (pre and post partum) Clini c Nutritional Consultation We 11 Baby C1 i ni c Child/Hospital Awareness Services Ambulatory Surgery Unit .. " APPENDIX TO EXHIBIT "B" Page 1 .' Infectious Disease Burn Care Continuing Medical Education for Medical Staff Community Health Education - Nutr it i on . - Obe s i ty - Cardiopulmonary Resuscitation (CPR) - Wellness e.g. smoking cessation - Psychosomatic Pain - Prenatal Care - Child/Hospital Awareness Technical Medical Education (for Lay Staff) - Techni cal Procedure Training e.g. CPR Patient Transportation Procedures - Interpersonal Relations - Formal Training for Labor Shortage Specialties - Nursing - Laboratory - Radiology Physician Need Assessment and Attraction Service Physician/Patient Referral Service Hospital Long-Range Planning Establish Linkages to Community Groups - Governmental Bodies - Local Organizations Public Relations Service - Maintenance of Press Relations - Speakers Bureau Patient Opinion Polling Publ.ic Opinion Polling - Internal Hospital Publications & Media External to Hospital Publication & Media Volunteer Service - Hospital Activities Participation - Fund Raising Activities - Community Group Liaison Ministerial Relations Coordination . '~'. , APPENDIX TO EXHIBIT "B" Page 3 ,.,..........."".".>................-.----..'. .-:--: ,,'1' ORDINANCE NO. g-t./,/ I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, M1ENDING ORDINANCE NO. 80-19 OF SAID CITY, BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH FROM R-l-AA (SINGLE FN~ILY RESIDENTIAL DISTRICT) TO PLANNED UNIT DEVELOp~mNT WITH A LAND USE INTENSITY OF SIX, SAID LAND BEING MORE PARTICULARLY DESCRIBED HEREIN; ~lENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19, in which a Revised Zoning Hap was adopted for said City; and WHEREAS, the Southeastern Palm Beach County Hospital District d/b/a Bethesdq Memorial Hospital has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 ~f .Appen9ix A-Zoning Code of the Code of Ordinances of the City of BoyntonBe~ch, Florida, for the purpose of rezoning certain property consi~ting of approximately 10.4(+) (-) acres located within the municipal limits of said City, said property being more particular11 described hereinafter, from R-1-AA (Single Family Residential Dist~ict) to Planned Unit Development (PUD) District with a land u~e intensity of six, as more particularly set forth in said application, plans and specifications relative ,thereto, all of which items are now on file in the Office of the City Planner; and WHEREAS, the Planning and Zoning Board of the City of Boynton Beach, Florida, has heretofore approved said development plans and specifications and has recommended approval thereof by the City Council subject to certain conditions; and WHEREAS, the City Council deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: 1..../ . ' I ~. Section 1: That the aforesaid land described in Exhibit A attached hereto and made a part hereof be and the same is hereby rezoned from R-l-AA (Single Family Residential District) to Planned Unit Development (PUD) with a land use intensity (LUI) of 6.0, which intensity is determined to be appropriate under the circumstances represented to the City in said application, and is in conformity with the Comprehensive Pian of the City of Boynton Beach, Florida. Section 2: The aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the Southeastern Palm Beach County Hospital District, d/b/a Bethesda Memorial Hospital, for rezoning of the subject tract is hereby granted for the purpose of permitting the development of said land as a Planned Unit Developme~t (PUD), specifically in accordance with the development plans qnd specifications therefor now on file with the Office of-the City Planner in the City of Boynton Beach, Florida, and all requirements, terms, and conditions established and set forth in the m~nutes of the Municipal Planning and Zoning Board and the City Cou~cil of the City of Boynton Beach, Florida, pertaining to the review and approval of said application, which .. ... minutes are hereby made\a part hereof for reference, including staff comments, and ar',attached hereto as Exhibit B. Except as provided herein, the applicant shall proceed in strict accordance with all Ordinances of the City of _ Boynton Beach, including but not limited to its building, electrical) plumbing, subdivision, planning and zoning codes, and all rules and regulations of the State of Florida, Department of Environ- mental Regulations. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the remainder of this Ordinance. ORDINANCE NO. 81-/0 :1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY AMENDING THE LAND USE DESIGNATION OF A CERTAIN PARCEL OF LAND WHICH IS MORE PARTICULARLY DESCRIBED HEREIN; SAID LAND USE DESIGNATION IS BEING CHANGED FROM r.10DERATE DENSITY RESI- DENTIAL TO PUBLIC AND PRIVATE INSTITUTIONAL; AMENDING ANY MAPS ADOPTED IN ACCORDANCE WITH THE LAND USE ELEMENT OF THE COMPRE- HENSIVE PLAN ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, has adopted a Comprehensive Land Use Plan and as part of said Plan,a land use element by Ordinance No. 79-24, I lin accordance with the Local Government Comprehensive Planning IAct; and WHEREAS, the procedure for amendment of a Land Use Element of a Comprehensive Plan as set forth in Section 163.3184, Florida Statutes, has been followed; and WHEREAS, after public ,hearing and study, the City Council deems it in the best interests of the inhabitants of said City to amend the aforesaid Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL I !OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That Ordinance No. 79-24 of the City is hereby amended to reflect the following: that the land use of the following described land is hereby changed from Moderate Density Residential to Public and Private Institutional, said land being more particularly described as follows: See Attached Exhibit A Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the remainder of this Ordinance. Section 5: This Ordinance shall become effective ,1984. I 'immediately upon passage. FIRST READING this dlid day of !ihru-OJv7 SECOND READING and FINAL PASSAGE this ~~ day of /J1P~ , 1984. CITY OF BOTIJTON BEACH, FLORIDA I! ,I !i :/ II I I ,j 'I ATTEST: L~ ~~ 'CIT~K . ~~ ~ " => ~ ' - ~CE MAy~/H1.()vvJ c1~~ M~~ /J d yfi (Seal) EXHIBIT "A" LEGAL DESCRIPTION: Beginning at the Southeast corner of Lot 19 of the plat of Benson Heights, Boynton Beach, Florida, as recorded in Plat Book 24 at page 151 of the public records of Palm Beach County, Florida: thence Westerly, along the South line of said plat of Benson Heights, a distance of 600.02 feet to the Southwest corner of said Benson Heights; thence Northerly, along the West line of said Benson Heights, a distance of 655.09 feet to the Northwest corner of said Benson Heights; thence continue Northerly, making an angle of deflection of 00-01'-02" to the right, a distance of 75.10 feet to an intersection with the South right of way line of Southwest 23rd Avenue (Golf Road) as shown on 1-95 right of way map Section 93220-24Il, Sheet 26: thence Easterly, along said right-of-way line, a distance of 651.20 feet to a point: thence Southerly a distance of 74.95 feet to the Northeast corner of Lot 1 of the said plat of Benson Heights; thence continue Southerly, making an angle of deflection of 00-00'-41" to the left and along the East line of said Lot 1 a distance of 124.70 feet to the Southeast corner of said Lot I: ~ ; thence westerly along the South line of said Lot 1 ~ distance of 50.00 feet to an intersection with the Northerly extension. of the East line of Lot 24 of the said plat of Benson Heights; thence Southerly, along said Northerly extension and along the East line of said Lot 24 and the East line of Lot 25 of Benson Heights and the Southerly extension of the said East line of Lot 25 a distance of 400.06 feet; thence Easterly along the North line of that portion of S.W. 2nd Street as abandoned by City of Boynton Beach Resolution No. 82-U and recorded in Official Record Book 4086, pages 1693 and l694 a distance of 25.0 feet; thence Southerly, parallel with the East line of said Lot 19 of Benson Heights, a distance of 130.02 feet to an intersection with the Easterly extension of the South line of said Lot 19; thence Westerly, along said extension, a distance of 25.0 feet to the Point of Beginning. ORDINANCE NO. 84-11 I ~ I I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA, BY AMENDING SECTION 11. SUPPLEMENTAL REGULATIONS. H. PROVISION OF OFF-STREET PARKING SPACES. 16. TO PROVIDE THAT HOSPITALS MUST HAVE 2.5 PARKING SPACES PER BED RATHER THAN THE PRESENTLY REQUIRED 2.0 PARKING SPACES PER BED; PROVIDING THAT EACH AND EVERY OTHER PROVISION OF SECTION 11. SUPPLEMENTAL REGULATIONS. OF THE ZONING CODE SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I Section 1: Appendix A-Zoning, Section 11. Supplemental; regulations., H. Provision of Off-Street Parking Spaces. 16. I :i 'a. Dwellings, lodging and other buildings for habitation: of the I . Code of Ordinances of the City of Boynton Beach, Florida, is hereby amended to read as follows: a. Dwellings, lodging-and other buildings for habitation: (1) Single-family and duplex dwellings: Two (2) parking spaces per dwelling unit. (2) Two or more bedroom apartments: Two (2) parking spaces per dwelling unit. '-- (3) One-bedroom and efficiency apartments: Two (2) parking spaces per dwelling unit for the first ten (10) efficiency and one-bedroom apartments in a single structure; one and one half (1.5) parking spaces per dwelling unit for each efficiency and/or one-bedroom apartment over ten (10) units. (4) Dormitories: One (1) parking space per rooming unit. (5) Rooming and-boarding houses: One (1) parking space per rooming unit. (6) Hotels, apartment hotels, motels, apartment motels, and time-sharing hotels and motels: One and one-quarter (1.25) parking spaces per bedroom. (7) Hospitals: ~we-~~t Two and one-half (2.5) parking spaces per bed. (8) Nursing homes, convalescent homes,and sanitariums: One (1) parking space per three (3) beds. Section 2: Each and every other provision of Appendix A-Zoning, Section 11. Supplemental regulations., H. Provision of Off-Street Parking Spaces. shall remain in full force and effect as previously enacted. Section 3: All ordinances or parts of ordinances ,in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not effect the remainder of this Ordinance. Section 5: Specific authority is hereby given to codify this Ordinance. Section 6: This Ordinance shall become effective ,immediately upon passage. i I FIRST READING this 02tJ1 day of 6./Ji-(U<LY7 ~~ day of , 1984. SECOND READING and FINAL PASSAGE this fVl(LVC! ~A , 1984. CITY OF BOYNTON BEACH, FLORIDA ~~~A C~~~ ~tC (~L'L CO C It !EMBER CIT~f!j~~ ATTEST: (Seal) .",r" ,I Section 6: This Ordinance shall become effective immediately upon passage. c1/d/ day of rihrrA..t(Y'1 , 1984. FIRST READING this SECOND READING and FINAL PASSAGE this ~ day of )l/tLJl'{!;A" , 1984. ATTEST: cbttl)j~ CITY CLE (Seal) CITY OF BOYNTON BEACH, FLORIDA (~4-'l'4~~J M~R "':::> ~~~ Al/l . './h1L1...IA___) VICE H~.. 0 tK! ?lo<<h'li~ C IN IL MEI"IBER I ~r l ;" I EXHIBIT nAn LEGAL DESCRIPTION: Beginning at the Southeast corner of Lot 19 of the plat of Benson Heights, Boynton Beach, Florida, as recorded in Plat Book 24 at page 151 of the public records of Palm Beach County, Florida; thence Westerly, along the South line of said plat of Benson Heights, a distance of 600.02 feet to the Southwest corner of said Benson Heights; thence Northerly, along the West line of said Benson Heights, a distance of 655.09 feet to the Northwest corner of said Benson Heights; thence continue Northerly, making an angle of deflection of 00-01'-02" to the right, a distance of 75.10 feet to an intersection with the South right of way line of Southwest 23rd Avenue (Golf Road) as shown on I-95 right of way map Section 93220-2411, Sheet 26; thence Easterly, along said right-of-way line, a distance of 651.20 feet to a point; thence Southerly a distance of 74.95 feet to the Northeast corner of Lot I ~f the said plat of Benson Heights; thence continue Southerly, making an angle of deflection of 00-00'-41" to the left and along the East line of said Lot 1 a distance of l24.70 feet to the Southeast corner of said Lot 1; . ; thence westerly along the South line of said Lot 1 ~ distanc~ of 50.00 feet to an intersection with the Northerly extension of the East line of Lot 24 of the said plat of Benson Heights; thence Southerly, along said Northerly extension and along the East line of said Lot 24 and the East line of Lot 25 of Benson Heights and the Southerly extension of the said East line of Lot 25 a distance of 400.06 feet; thence Easterly along the North line of that portion of S.W. 2nd Street as abandoned by City of Boynton Beach Resolution No. 82-Uand recorded in Official Record Book 4086, pages 1693 and 1694 a distance of 25.0 feet; thence Southerly, parallel with the East line of said Lot 19 of Benson Heights, a distance of 130.02 feet to an intersection with the Easterly extension of the South line of said Lot 19; thence Westerly, along said extension, a distance of 25.0 feet to the Point of Beginning. - '" '----------, '.- ""-'.' '-.-