LEGAL APPROVAL
MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 7. 1995
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has a child who nds Citrus Cove Elementary
for the safety of e children th attend that
Virginia Young of Lake
01. She expressed
schoo
Richard Den le, 192 Orange Drive, ted that the taxp
the City expec he Commission to watc~ ut for them.
Commissioner AgU11a~ted that the Comm1ss1 recognizes there a problem and
they have heard the pe~e. He assured the pe e that the probl 111 be
dealt with. He guaranteea~ hem that the Comm1ss1 will go with them the
001 Board and to the Coun to see what can be do . He advised that ere
is reat deal of activity go1 on between the City ager's Office, the
County 1ss1on, the County Traf Officers and other pIe to solve this
problem.
response to a t1eman in the audience, or Harmening and C 1ss1oner
a advised that cannot be stop tomorrow morning.
A. Consent Agenda - Unanimously approved by the Planning and Development
Board
C1 tns Part PUD
CCl Consultants, Inc.
Target Development Corporation
East side of Lawrence Road, approximately 1,750
feet north of Gateway Boulevard (N. W. 22nd
Avenue)
~approval of the construction plans and
fina~or construction of
infras ruc ure andi1iclrUrscap1ng to serve 113
single-family, detached, zero lot line units in
connection with a previously approved planned unit
development.
City Attorney Cherof advised that because this is a quasi-judicial proceeding,
all the individuals who wish to testify must be sworn in. Before testifying,
they must identify' themselves and state their qualifications. At the conclusion
of their statements, the applicant or his representative must be afforded the
opportunity to question those witnesses. City Attorney Cherof swore in all the
witnesses who would be testifying.
1.
Project Name:
Agent:
Owner:
Location:
Description:
Brian Sherr, the attorney for Target Development, stated that there has been
much discussion and communications regarding Lawrence Road and Citrus Cove
Elementary School. However, the issue before the Commission is whether or not
the plat and construction plans comply with the technical requirements of the
City's platting and construction regulations. He referred to a memo from the
Department of Development, dated March 3, 1995, which he said attests to the
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MINUTES - CITY COtI1ISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 7. 1995
fact that his client's plans comply with the City'S regulations. He requested
the Commission to grant approval of the construction plans and preliminary/final
plat for construction, in accordance with the ordinances.
Mr. Sherr said he has heard that some of the homeowners have had ex parte com-
munications with some members of the Commission. He pointed out that because of
the quasi-judicial nature of this hearing, that is impermissible.
Louis Campanelli, Vice President of CCL Consultants, was available for
quest1onning.
Commissioner Katz would like the developer to be a good neighbor and address the
concerns of the people of Citrus Glen. Their concerns included the two-story
homes along the northern border, which will be looking into the backyards of
other homes; security; additional buffering; and the barrel tile roofs matching
as closely as possible to what exists to keep the property values enhanced. He
suggested moving the entrance road to the north side and moving the project
south a little to create additional buffering.
Mr. Campanelli said the developer would like to be a good neighbor and address
the equitable concerns of the surrounding neighbors. However, he did not think
the developer could comply with the concerns regarding the two-story houses and
switching the road from the north to the south. With regard to the buffering,
he was sure the developer would be willing to sit down with the surrounding
homeowners and come up with an equitable solution to this matter.
James Krivok, the attorney for the Citrus Glen Homeowners' Association, asked
the Commission to table this matter. He stated that according to F. S.
156.043(c), a public hearing must be held before any ordinance granting a
rezoning is adopted. He reviewed prior City ordinances and stated that whenever
a public hearing was conducted prior to the adoption of an ordinance, the ordi-
nance clearly reflected that fact. He stated that there is no indication in
Ordinance No. 88-51 and Ordinance No. 89-30 that public hearings were held prior
to the adoption of those ordinances.
Mayor Harmening asked him if he checked the minutes of that particular meeting
to see whether a publiC hearing was held. Mr. Kr1vok said he had not.
Mr. Krivok requested that this issue be tabled until it can be determined
whether or not proper notice was given and public hearings were held.
City Attorney Cherof stated that generally the City's ordinances do not reflect
in their body whether there was a public hearing or not. We rely upon the offi-
cial minutes of the City to reflect that information. It may be possible to
determine from the records tonight whether there was a public hearing or not.
Mayor Harmening declared a recess at 7:59 p.m. in order for staff to check
the City records. The meeting resumed at 8:13 p.m.
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 7. 1995
City Attorney Cherof swore in Tambr1 Heyden, the Planning and Zoning Director.
City Attorney Cherof advised that the minutes of the meetings with respect to
Ordinance No. 88-51 and Ordinance No. 89-30 reflect that public hearings were
conducted. He stated that there is a presumption that the City ordinances are
valid and enforceable. He asked Ms. Heyden if she recollected both ordinances
being properly noticed and public hearings being conducted in accordance with
Florida Statute. Ms. Heyden answered affirmatively.
Paul Ward, 198 Orange Drive, was sworn in by City Attorney Cherof. He had in
his possession a copy of a letter, dated September 13, 1993, from Vincent
F1n1z1o, Deputy City Engineer of the City of Boynton Beach, to Val Sal
Investment Corporation, which states that at their September 7, 1993 meeting,
the City Commission granted a six month time extension, conditioned upon the
entire property being brought into a state of compliance with all applicable
City Codes within 30 days from the date of the granting of the time extension.
The letter also states that the time extension will be reduced to three months
if the property does not come into compliance within 30 days. Mr. Ward also had
in his possession a document from Code Enforcement, dated October 16th, relating
to overgrowth on the property. Commissioner Aguila explained the Code
Enforcement process and stated that the property had come into compliance at
that time, but the dense growth has since reappeared.
Mr. Campanelli stated that the plat of Citrus Park PUD, as submitted to the City
Commission, meets or exceeds the minimum requirements of the C1ty's regulations.
Commissioner Katz was adamant about the sand being hosed down at Citrus Glen
because soot is getting on the residents' houses and property. He asked who
issued the excavation permit.
Commissioner Katz read Sec. 8-6(1) of the Code which states that the excavation
of materials is not to exceed two feet in depth relative to existing grade with
no excavated materials moved beyond the project property lines. He asked
Mr. Hukill if this is what is occurring. William Hukill, Director of
Development, was sworn in by City Attorney Cherof. Mr. Hukill advised that the
permit was issued by the Building Division of the Department of Development. He
said he could not tell whether more than two feet is being excavated or not;
however, no one is mining or moving major amounts of dirt off the property.
Commissioner Katz ~as of the opinion that more than two feet is being excavated.
Therefore, the permit should have been issued by the City Commission, in accor-
dance with Sec. 8-7(A)(2) of the Code. He felt a Stop Work Order should be
issued immediately. Mr. Hukill disagreed. He stated that the issue of the City
Commission being involved in the issuance of permits was discussed with the
Commission a few weeks ago. At that time, there was a consensus of the
Commission that this was not appropriate. However, in accordance with Sec.
8-7(A)(3), where the water table is penetrated or disturbed, the Commission
would remain involved.
Commissioner Katz felt the Department of Development acted improperly.
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MINUTES - CITY COtI1ISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 7. 1995
In response to Commjssioner Katz, City Attorney Cherof advised that the
Comprehensive Plan is the general guidelines which govern all land development
and land development regulations.
Commissioner Katz referred to Policy 2.6.2 on page 38 of the Comprehensive Plan,
which states that subsequent to plan adoption, the City shall continue to
require improvement of roadways to mitigate the impacts of development as a con-
dition of development approval. It also states that the City shall, wherever
feasible, require the construction of transportation improvements in lieu of
impact contributions. Commissioner Katz said that regretably, the Commission
has issued time extensions. He stated that maybe the Commission acted improp-
erly and should bring a third party into this before it goes to final plat. He
suggested tabling this project to see if some of the differences can be
resolved.
No one else wished to testify on this matter. Therefore, Mayor Harmening
declared the public hearing closed.
Commissioner Aguila pointed out ~hat the Commission is supposed to determine
whether or not Citrus Park has complied with all of the Code of Ordinances, not
whether or not Lawrence Road is wide enough or if more than two feet of dirt has
been removed.
Motion
Commissioner Aguila moved to approve the request for approval of the construc-
tion plans and preliminary/final plat for construction of infrastructure and
landscaping to serve 113 Single-family, detached, zero lot line units in connec-
tion with a previously approved planned unit development, Citrus Park PUD, owned
by Target Development Corporation, located on the east side of Lawrence Road,
approximately 1,750 feet north of Gateway Boulevard (N. W. 22nd Avenue), subject
to all comments. Mayor Pro Tem Bradley seconded the motion.
Commissioner Katz asked the maker of the motion to include that the developer be
asked, posthaste, to send water trucks out there and start hosing down the sand.
Commissioner Aguila would not make that part of this motion. Instead, he asked
the City Manager to direct the Department of Development to inspect the property
tomorrow morning and take appropriate steps to ensure the safety, health and
welfare of the residents.
City Attorney Cherof asked the maker of the motion to consider including in the
motion a specific finding that the minimum code requirements have been satis-
fied. Commissioner Aguila agreed to .add this to his motion. It was also
agreeable to Mayor Pro Tem Bradley.
Commissioner Katz believed that the minimum requirements have not been met and
that this should be sent back to be reworked.
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MINUTES - CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
MARCH 7. 1995
Mayor Harmening said he voted against a lot of development as far as the number
of renewals on concurrency and site plan and master plan approval in the last
four years. He was against further development but said that there is not much
we can do in this case. ' ----~
A roll call vote was polled by the City Clerk. C.P.1ot1on carr1e~n;~ Vice
Mayor Matson and Commissioner Katz cast the d1 ssent1 n'g'"votes..,. . ..............
Mr. Sherr stated that the concern about the dust will be addressed. He was
willing to try to work out something to make this a little better for everyone.
Vice Mayor Matson felt it would benefit the project if Lawrence Road were to be
widened. She asked Mr. Sherr if we can count on his support when we go to the
County on this issue. Mr. Sherr said he will discuss this with his client and
get back to Vice Mayor Matson.
Mayor Pro Tem Bradley stated that the C1ty's hands are tied and that if the City
were to stop construction, it could be placing itself in a dangerous position.
However, we can slow down future development. He pointed out that development
works both ways. Businesses have prospered because the population in Boynton
Beach and surrounding areas has increased. Development has also created jobs
for people in the construction industry. Four or five years ago, these people
were out of work. However, there is a price we all have to pay for these
things.
He stated that it is important for the Commission to get input from the people
and to know where they want this City to go. He said somebody suggested this
evening that the City buy the land and turn it into a park. He advised that
this can happen. However, it means reaching into our pockets and paying for
it. He appreciated the input from the people and stated that the Commission has
their interests in mind. He advised that the City Manager and the Commission
have already taken steps to try to resolve the problems regarding Lawrence Road.
B. Non-tonsent Agenda - Not unan .us y anntng an
Development Board ~
1. Pro t Name: Nluttca Plat 1
Agent: Lawson, No e & Associates, Inc. or G. L. Hom.
Owner: Boynton Nurs 1 es .
Loca t ion: " NO,rthwes t co rne'~~f Lawrence Road and
~21 canal ~
Description: Re st for approval the construction pl and
preli ary/final plat the construction of
infrastr re, landscaping private recreation
to serve 55 gle-family, det ed, zero lot line
" units and 122 s Ie-family, detac "Z" lot
~ line units in conne n with the prev ly
~ approved Boynton Nurser PUD.
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