Loading...
LEGAL APPROVAL MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA MARCH 7. 1995 ~- -- 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 - 11, - 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. - 12 - 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. - 13 - , , 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. - 14 - . , 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. ...... -. - 15 -