AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office
0 August 19, 1997 August 8, 1997 (noon) 0 October 21,1997 October 10, 1997 (noon)
0 September 2, 1997 August 22, 1997 (noon) 0 November 4, 1997 October 24, 1997 (noon)
0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon)
~ October 7, 1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon)
RECOMMENDATION: Please place the request below on the October 7, 1997 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Actions, The Planning and Development Board, with a 6-1 vote,
recommended approval of the request below. The staff report and draft development order are attached (see Planning and
Zoning Memorandum No. 97-467),
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Clear Copy
Robert Feldman
Robert Feldman
Southeast comer of Boynton Beach Boulevard and N.W. 7th Street (660 W. Boynton Beach
Boulevard).
Site plan request for a 3,780 square foot copying service and print shop.
PROGRAM IMP ACT: N/ A
FISCAL IMP ACT: N/ A
ALTERNATIVES: N/A
Department Head's Signature
City Manager's Signature
Department Name
,
.I;' (. . / -, '} L "
) ( I " '...
-~ I~" Iv' .''-' )':':' ( .J,'/'/.t'.t:.,<-
Plannin&,and Zonillg Director
\\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\CLEAR COPY\MSPM\Agenda Item Request 10-7 ,doc
DEVELOPME... f SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97-467
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
September 23, 1997
DESCRIPTION OF PROJECT
Project Name:
Clear Copy, Inc.
Applicant:
Bob Feldman, property owner
Agent:
Bob Feldman
location:
Southeast corner of Boynton Beach Boulevard and N.W. 7th Street
(660 W. Boynton Beach Boulevard).
File No.:
MSPM 97-002
land Use Plan
Designation:
Local Retail Commercial (LRC)
Zoning
Designation:
Neighborhood Commercial (C-2)
Type of Use:
Copying service and print shop
Number of
Units:
N/A
Square
Footage:
Site Area:
13,700 square feet (0.3145 acres)
Building Area:
3,780 square feet
Surrounding land
uses and Zoning
District: Find attached Exhibit "An - location map
North -
Boynton Beach Boulevard and farther north is Wendy's
Restaurant, zoned C-2
South -
N,W. 1st Avenue and farther south, are single family
dwellings, zoned R-1A
Page 2
Site Plan Review Staff Report
Memorandum #97-467
Clear Copy
Existing and
Proposed
Characteristicsl
Development:
Concurrency:
a. Traffic-
b. Drainage-
Driveways:
East -
Medical office building, zoned C-2
West -
N.W. 7th Street and farther west is Gateway Center,
zoned C-2
On September 19, 1995, the City Commission approved, subject to
comments, the site plan request for Clear Copy to allow a new print
shop to be located at the southeast comer of Boynton Beach
Boulevard and N.W, 7th Street (660 W. Boynton Beach Boulevard).
RHS Corporation subsequently filed a Notice of Administrative Appeal
to appeal through the circuit court system the City's decision to
approve Clear Copy's site plan. RHS owns and occupies the abutting
property immediately east of Clear Copy's parcel. There is a
medical/dental office building located on this abutting property.
Subsequent to site plan approval, the applicant submitted a request to
modify the previously approved site plan. The modified site plan was
approved by the City Commission on March 19, 1996. Prior to the
outcome of the RHS Corporation appeal, the applicant progressed
through the permit and construction process and obtained a certificate
of occupancy. The court subsequently determined that insufficient
notice was given by the city to the adjacent property owners at the
time of the initial approval and quashed the city's approval of the site
plan, Therefore, the city required the applicant to resubmit and
reprocess the site plan. This request is submitted in compliance with
the court order.
As requested by Palm Beach County Traffic Division, the
applicant filed a restrictive covenant that limits the use of the
structure to a print shop. A change in use can be requested in
the future, but will require further review for traffic by the
County.
The Engineering Division has determined that the drainage
plans meet the city code and drainage levels of service.
Two, one-way driveways to the parking lot are reflected on the plans
submitted. Both driveways are located on N.W. 7th Street. The south
/)
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\
Page 3
Site Plan Review Staff Report
Memorandum #97-467
Clear Copy
Parking Facility:
Landscaping:
Building and Site
Regulations:
driveway is ingress only and the north driveway is egress only. The
Engineering Division, Police Department, Fire Department and Public
Works Department have determined that this design meets code and
provides adequate access for emergency and sanitation vehicles.
The parking facility illustrated on the plans submitted contains the
required thirteen (13) parking spaces, including one (1) handicapped
space,
The landscape design reflected on the plans submitted meets the city
code requirements. It is noted that the perimeter landscape
requirements of Section 5.E of the city's landscape code do not apply
to the parking area along Clear Copy's eastern property line. This is
because there is an existing hedge on the adjacent property to the
east. Although the width of the planting strip, within which the hedge
is planted, tapers from 2 % feet to twenty inches, "said existing hedge
may be used to satisfy the landscape requirements of this subsection
provided that said existing hedge meets all applicable standards of
this article". The standard for such a hedge is a height of not less
than four feet. The existing hedge meets this standard.
The plans submitted meet the requirements of the building and site
regulations. The total site area is 13,700 square feet, the building
coverage is thirty-seven percent (37%) and the building height is
twenty-five (25) feet.
Community Design
Plan: The elevations submitted indicate the building to be two stories with
brick colored tile roofing, The exterior walls are finished with a
pink/peach stucco with white raised stucco bands, Windows are
arched with bronze shutters. The building has a Spanish/
Mediterranean style which complements the adjacent commercial
buildings having the same style.
Signage:
RECOMMENDATION:
A free-standing sign, between Boynton Beach Boulevard and the front
of the building, is reflected on the plans submitted. The free-standing
sign meets the sign code requirements (see Exhibit "C" - Signage),
Planning and Zoning recommends approval of this site plan request as submitted as all
staff comments have been addressed (see Exhibit "0" - Conditions of Approval).
/....
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EXHIBIT "A"
if-
LOCATIOl\1 MAIJ
CLEAR COPY, INC.
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EXHIBIT 11011
/c)
~EVELOPMENT ORDER
CITY l,,' BOYNTON BEACH, FLORIDA
PROJECT NAME: Clear Copy
APPLICANT: Robert Feldman
APPLICANT'S AGENT: Robert Feldman
AGENT'S ADDRESS: 660 W. Boynton Beach Boulevard
DATE OF HEARING BEFORE CITY COMMISSION: October 7,1997
TYPE OF RELIEF SOUGHT: Major Site Plan Modification
LOCATION OF PROPERTY: 660 W. Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1, Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2, The Applicant
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4, The Applicant's application for relief is hereby
L GRANTED subject to the conditions referenced in paragraph 3 hereof,
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk,
6. All further development on the property shall be made in accordance with the terms
and conditions of this order,
7. Other
DATED:
City Clerk
\\CH\MAIN\SHRDA T A\Planning\SHARED\WP\PROJECTS\CLEAR COPY\MSPM\DEVELOPMENT ORDER,doc
EXHIBIT "B"
Conditions of Approval
Project name: Clear Copy
File number: MSPM 97-002
Reference: The plans consist of 11sheets identified as 1st Review. Maior Site Plan Modification. File #
MSPM 97-002 with a August 18. 1997 Planning and Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORE STER/ENVIRONMENTALI ST
Comments: None X
PLANNING AND ZONING
Comments: None A
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. NONE
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
/bme
s:\projectslcond of apprl
8.A.1
CLEAR COpy
MAJOR SITE PLAN MODIFICATION
DEVELO....vlENT SERVICES DEPARTME:."T
PLANNING AND ZONING DIVISION
MEMORANDUM #97-467
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
September 23, 1997
DESCRIPTION OF PROJECT
Project Name:
Clear Copy, Inc.
Applicant:
Bob Feldman, property owner
Agent:
Bob Feldman
location:
Southeast corner of Boynton Beach Boulevard and N.W. 7th Street
(660 W. Boynton Beach Boulevard).
File No.:
MSPM 97-002
land Use Plan
Designation:
Local Retail Commercial (LRC)
Zoning
Designation:
Neighborhood Commercial (C-2)
Type of Use:
Copying service and print shop
Number of
Units:
N/A
Square
Footage:
Site Area:
13,700 square feet (0.3145 acres)
Building Area:
3,780 square feet
-tJi''':
....
.
Surrounding land
uses and Zoning
District: Find attached Exhibit "A" - location map
North -
Boynton Beach Boulevard and farther north is Wendy's
Restaurant, zoned C-2
South -
N,W. 1st Avenue and farther south, are single family
dwellings, zoned R-1A
I
Page 2
Site Plan Review Staff Report
Memorandum #97-467
Clear Copy
Existing and
Proposed
Characteristicsl
Development:
Concurrency:
a. Traffic-
b. Drainage-
Driveways:
East -
Medical office building, zoned C-2
West -
N.W, 7th Street and farther west is Gateway Center,
zoned C-2
On September 19, 1995, the City Commission approved, subject to
comments, the site plan request for Clear Copy to allow a new print
shop to be located at the southeast corner of Boynton Beach
Boulevard and N,W. 7th Street (660 W. Boynton Beach Boulevard).
RHS Corporation subsequently filed a Notice of Administrative Appeal
to appeal through the circuit court system the City's decision to
approve Clear Copy's site plan, RHS owns and occupies the abutting
property immediately east of Clear Copy's parcel. There is a
medical/dental office building located on this abutting property,
Subsequent to site plan approval, the applicant submitted a request to
modify the previously approved site plan, The modified site plan was
approved by the City Commission on March 19, 1996. Prior to the
outcome of the RHS Corporation appeal, the applicant progressed
through the permit and construction process and obtained a certificate
of occupancy, The court subsequently determined that insufficient
notice was given by the city to the adjacent property owners at the
time of the initial approval and quashed the city's approval of the site
plan. Therefore, the city required the applicant to resubmit and
reprocess the site plan. This request is submitted in compliance with
the court order.
As requested by Palm Beach County Traffic Division, the
applicant filed a restrictive covenant that limits the use of the
structure to a print shop, A change in use can be requested in
the future, but will require further review for traffic by the
County.
The Engineering Division has determined that the drainage
plans meet the city code and drainage levels of service.
Two, one-way driveways to the parking lot are reflected on the plans
submitted, Both driveways are located on N.W, 7th Street. The south
~
Page 3
Site Plan Review Staff Report
Memorandum #97-467
Clear Copy
Parking Facility:
Landscaping:
Building and Site
Regulations:
driveway is ingress only and the north driveway is egress only. The
Engineering Division, Police Department, Fire Department and Public
Works Department have determined that this design meets code and
provides adequate access for emergency and sanitation vehicles,
The parking facility illustrated on the plans submitted contains the
required thirteen (13) parking spaces, including one (1) handicapped
space.
The landscape design reflected on the plans submitted meets the city
code requirements, It is noted that the perimeter landscape
requirements of Section 5.E of the city's landscape code do not apply
to the parking area along Clear Copy's eastern property line. This is
because there is an existing hedge on the adjacent property to the
east. Although the width of the planting strip, within which the hedge
is planted, tapers from 2 % feet to twenty inches, "said existing hedge
may be used to satisfy the landscape requirements of this subsection
provided that said existing hedge meets all applicable standards of
this article". The standard for such a hedge is a height of not less
than four feet. The existing hedge meets this standard,
The plans submitted meet the requirements of the building and site
regulations, The total site area is 13,700 square feet, the building
coverage is thirty-seven percent (37%) and the building height is
twenty-five (25) feet.
Community Design
Plan: The elevations submitted indicate the building to be two stories with
brick colored tile roofing, The exterior walls are finished with a
pink/peach stucco with white raised stucco bands. Windows are
arched with bronze shutters. The building has a Spanishl
Mediterranean style which complements the adjacent commercial
buildings having the same style,
Signage:
RECOMMENDA liON:
A free-standing sign, between Boynton Beach Boulevard and the front
of the building, is reflected on the plans submitted, The free-standing
sign meets the sign code requirements (see Exhibit "C" - Signage).
Planning and Zoning recommends approval of this site plan request as submitted as all
staff comments have been addressed (see Exhibit "0" - Conditions of Approval).
3
Page 4
Site Plan Review Staff Report
Memorandum #97-467
Clear Copy
xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Clear Copy \MSPM\site plan staff report,doc
EXHIBIT "A"
if-
LOCP:-I0 r,1 MAIJ
CLEAR COPY, INC.
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EXHIBIT "D"
Conditions of Approval
Project name: Clear Copy
File number: MSPM 97-002
Reference: The plans consist of llsheets identified as 1st Review. Maior Site Plan Modification, File #
MSPM 97-002 with a August 18. 1997 Planning and Zoning date stamp marking,
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined,
/bme
s:\projects\cond of apprl
II
I ' ~EVELOPMENT ORDER ,-,.
CI~F BOYNTON BEACH, FLORIDA"
PROJECT NAME: Clear Copy
APPLICANT: Robert Feldman
APPLICANT'S AGENT: Robert Feldman
AGENT'S ADDRESS: 660 W. Boynton Beach Boulevard
DATE OF HEARING BEFORE CITY COMMISSION: October 7, 1997
TYPE OF RELIEF SOUGHT: Major Site Plan Modification
LOCATION OF PROPERTY: 660 W. Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2, The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk,
6. All further development on the property shall be made in accordance with the terms
and conditions of this order,
7. Other
...
!It
-t(
DATED:
City Clerk
J\Planning\SHARED\WP\PROJECTS\Palm Beach Realty\NWSP\DEVELOPMENT ORDER.doc
/~
Cll OF BOYNTON BEACH
PLANNING AND DEVELOPMENT BOARD
MEETING AGENDA
DATE:
Tuesday, September 23, 1997
TIME:
7:00 P,M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1. Pledge of Allegiance
2, Introduction of Mayor, Commissioners and Board Members,
3. Agenda Approval.
4. Approval of Minutes.
5. Communications and Announcements,
A. Report from the Planning and Zoning Department
1, Final City Commission disposition of the agenda items from the last Planning and
Development Board meeting.
6. Swearing in of witnesses.
7. Old Business
None
8. New Business
A. SITE PLANS
Maior Site Plan Modification
1.
PROJECT:
Clear Copy
AGENT: Bob Feldman
OWNER: Bob Feldman
LOCATION: Southeast corner of Boynton Beach Boulevard and N.W. 7th Street.
DESCRIPTION: Request for site plan approval of a 3,780 square foot print shop on
a .31 acre parcel of land.
Page 2 of 2
Planning and Development Board
Meeting Agenda, September 23, 1997
9. Comments by members
10, Adjournment
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH
RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND
FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S,
286,0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD
AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS
OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY, PLEASE CONTACT JOYCE COSTELLO,
(561) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR
THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
J: \SH RDA T A \Planning\S HARED\WP\AGENDAS\P&D\9-7 -9,doc
TECHN. .-'L REVIEW COMMITTEE ML..~ TlNG
AGENDA
DATE:
Tuesday, September 9,1997
TIME:
9:00 A.M.
PLACE:
Conference Room C, 2nd Floor, West Wing, City Hall
1. Old Business
None
2. New Business
A. LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS)
None
B. SITE PLANS
Maior Site Plan Modification
1.
PROJECT:
Clear Copy
AGENT:
George Davis
LOCATION:
660 W. Boynton Beach Boulevard
DESCRIPTION:
Request for site plan approval to construct a 3,780
square foot print shop on a .31 acre parcel of land.
(Note: The judge required the city and the applicant to
resubmit and reprocess the site plan.)
4. Other Business
None
5. Comments by members
6. Adjournment
S:\agenda\adm\A TRC090997,doc
1997 REVIEW SCHEDULE
SECOND HALF
fY
,~
zy--
. CONDITIONAL USE APPROVAL
. MAJOR SITE PLAN MODIFICATION
. MASTER PLAN MODIFICATION
. NEW SITE PLAN
. SUBDIVISION - MASTER PLAN
ORIGNAL TRC AMENDED P & D MEETING CITY
SUBMITTAL MEETING PLANS COMMMISSION
DEADLINE DEADLINE MEETING
March 24, 1997 April 15 May 12 June 10 July 1
April 7 April 29 May 19 June 24 July 15
April 18 May 13 June 2 July 8 August 5
May 1 May 27 June 13 July 22 August 19
May 23 June 17 July 8 August 12 September 2
June 9 July 1 July 22 August 26 September 16
June 20 July 15 August 4 September 9 October 7
July 7 July 29 <fJ.aaust 18~ Seotemb~ October 21
July 28 August 19 September 9 October 14 *November 5
August 11 September 2 September 23 October 28 November 18
August 25 September 16 October 7 *-November 12 December 2
September 8 September 30 October 20 November 25 December 16
September 18 October 14 October 30 December 9 January 6, 1998
. October 2 October 28 November 14 *-*December 22 January 20, 1998
*November 4, 1997, the i"l Tuesday of November, is Election Day, Therefore, the meeting date is scheduled
for Wednesday, November 5,1997,
**November 11, 1997, the 2nd Tuesday of November, is Veterans Day, Therefore, the meeting date is
scheduled for Wednesday, November 12, 1997,
**-November 23, "997, the 4th Tuesday of December, is Hanukkah, Therefore, the meeting date is scheduled
for Monday, December 22, 1997,
NOTE: (1) TO FACILITATE THE PROCESSING OF THE REQUEST, IT IS RECOMMENDED THAT THE APPLICANT
SET-UP, BY APPOINTMENT, A PRE-APPLICATION MEETING WITH THE DIRECTOR OF THE PLANNING AND ZONING
DIVISION (561) 375-6260 PRIOR TO THE SUBMITTAL DEADLINE DATE, THE MEETING WILL ADDRESS CONCERNS
REGARDING THE TYPE OF SUBMITTAL, BOARD REVIEW SCHEDULE, SUBMITTAL PROCEDURES, FEE,
APPLICATION FORM AND TYPE AND NUMBER OF NUMBER OF PLANS/DOCUMENTS THAT ARE REQUIRED TO BE
SUBMITTED,
(2) IF A SUBMITTAL IS RECEIVED BY THE ORIGINAL SUBMITTAL DEADLINE DATE AND WITHIN TWO (2)
WORKING DAYS FOLLOWING THE ORIGINAL SUBMITTAL DEADLINE, THE SUBMITTAL IS DETERMINED
ACCEPTABLE FOR PROCESSING, THE SUBMITTAL WILL FOLLOW THE APPROVAL SCHEDULE IDENTIFIED ABOVE,
HOWEVER, IT SHALL BE NOTED THAT THE AMENDED PLANS DEADLINE DATE ALLOCATES ONLY TEN (10)
WORKING DAYS FOR THE APPLICANT TO SUBMIT A COMPLETE PACKAGE THAT INCLUDES THE PLANS THAT
HAVE BEEN AMENDED TO COMPLY WITH THE TECHNICAL REVIEW COMMITTEE (TRC) COMMENTS GENERATED
FROM THE REVIEW OF THE ORIGINAL SUBMITTAL DOCUMENTS, TO KEEP THE REVIEW PROCESS ON
SCHEDULE THE AMENDED PLANS DEADLINE DATE IS STRICTLY ENFORCED, IT SHALL ALSO BE NOTED, THAT
PRIOR TO A PROJECT BEING RECOMMENDED FOR APPROVAL BY THE PLANNING & ZONING DIVISION. AND
BEING PRESENTED TO THE PLANNING & DEVELOPMENT BOARD, THE PROJECT SHALL BE RECOMMENDED FOR
APPROVAL BY THE TECHNICAL REVIEW COMMITTEE.
(3) APPLICATIONS WHICH REQUIRE SUBMITTAL OF A TRAFFIC IMPACT ANALYSIS, PURSUANT TO
THE MUNICIPAL IMPLEMENTATION ORDINANCE OF PALM BEACH COUNTY TRAFFIC PERFORMANCE
STANDARDS ORDINANCE REQUIRE ADDITIONAL REVIEW TIME, NOTE: SIX (6) SIGNED AND SEALED COPIES OF
THE TRAFFIC IMPACT ANALYSIS ARE REQUIRED WITH INITIAL SUBMITTAL REFER QUESTIONS REGARDING
TRAFFIC TO THE DIRECTOR OF THE PLANNING & ZONING DIVISION,
(4) THE ABOVE DATES MAY BE SUBJECT TO CHANGE. CONTACT THE PLANNING AND
ZONING DIVISION TO VERIFY DATES.
Rev 5/27/97
S:\Planning\SHAREOIWP\FORMS\SCHEDI97SITE\97 SITE REVIEW draft for CC,doc
MINUTES
CITY COMMISSION \ ~RKSHOP MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 7, 1997
Vice Mayor Titcomb moved to approve the agenda as amended, Commissioner Tillman
seconded the motion, which carried unanimously,
Reginald Stambaugh, attorney for RHS Corporation and Dr. Mark Roberts, requested
that Item IV.o.1 be removed from the Consent Agenda so that he has an opportunity to
present evidence with regard to this item.
None of the Commissioners wished to pull that item from the Consent Agenda,
Mr. Stambaugh objected to this and stated that it is a violation of the due process laws,
notice provisions, case law, and statutory law with regard to his appellate rights as to be
heard, He cited the JenninQs and Synder rulings,
Dr, Mark Roberts stated that Florida Law requires the Commission to make public
disclosures if they received information or communication from any person regarding a
hearing prior to that hearing, The Commission has received notification from him and
has not disclosed it.
IV. CONSENT AGENDA
C. Resolutions
3. Proposed Resolution No. R97-166 Re: Encouraging the
Florida Legislature and The Palm Beach County School Board to
appropriate funding for the construction of a high school in Boynton
Beach and authorizing the City Clerk to forward a copy to the
appropriate members of the House of Representatives and Senate
and The Palm Beach County School Board
On behalf of the Education Advisory Board for the City of Boynton Beach, Nellie
Denahan, 650 N.E. 8th Avenue. encouraged the Commission to approve this proposed
resolution, which was drafted by David Weinstein. She urged everyone to call the
members of the School Board and the legislators and tell them that we need a high
school in the City of Boynton Beach.
Mayor Taylor commended Ms. Denahan for continually doing a tremendous job to try to
focus this whole community on our desire and the need for a high school here. He read
Proposed Resolution No. R97-166 by title only.
Motion
Vice Mayor Titcomb moved to approved Resolution No. R97-166, Commissioner
Jaskiewicz seconded the motion, which carried unanimously,
11
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 7, 1997
7, Proposed Resolution No. R97-170 Re: Approving renewal
of contract with Child Care Resource and Referral, Inc., for
substitute teachers in the Latchkey Afterschool Program for the
1997 -98 fiscal year
8. Proposed Resolution No. R97-171 Re: Ratifying the
appointment of Vance & Doney, PA to provide legal services
related to the development of the Downtown Stormwater
Improvements Project
Commissioner Bradley pulled this item from the Consent Agenda for discussion,
D. Ratification of Planning & Development Board Action
1. Major Site Plan Modification for Clear Copy
2. New Site Plan for Woolbright Medical
Office....,...,.., POSTPONED FROM AUGUST 19, 1997 CITY
COMMISSION MEETING
E. ' Approval of Bills
A list of these bills is attached to the original minutes of this meeting on file in the City
Clerk's Office,
F. Approve draft language in Request for Proposal for a Classification
and Compensation Study and authorization to solicit proposals from
qualified firms to complete this work
Commissioner Jaskiewicz pulled this item from the Consent Agenda for discussion.
\
G. Approve disinterment of cremains from Sunrise Building, Section G.
Niche F-3 requested by Lori Ann Holman Faroni
The cremains are being removed for the purpose of burial in another state.
H. Approve request by Edward & Jois Wallschlag to transfer Cemetery
Lots 109 and 110 to Seth Chase, 1009 SW 3rd Way, Boynton Beach,
Florida 33426
These lots are in Block B of Boynton Beach Memorial Park,
I. Approve Records Disposition Request #10 submitted by Code
Compliance and approved by the State
17
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 7, 1997
This Records Disposition Request was authorized by the State.
Motion
Commissioner Jaskiewicz moved to approve the Consent Agenda with the exception of
the minutes, which were approved separately, and Items C.1, C,8, and F. Vice Mayor
Titcomb seconded the motion, which carried unanimously.
Motion
Vice Mayor Titcomb moved to approve the minutes as amended. Commissioner
Bradley seconded the motion, which carried unanimously.
II. ADMINISTRA TIVE
A. Accept resignation from Eleanor Krusell, Regular Member, Advisory
Board on Children & Youth
Motion
Commissioner Jaskiewicz moved to accept Ms. Krusell's resignation from the Advisory
Board on Children and Youth, Commissioner Bradley seconded the motion, which
carried unanimously.
B. Appointments to be made
Appointment
To Be Made
II Bradley
MayorTaylor
II Bradley
II Bradley
MayorTaylor
II Bradley
I Bradley
MayorTaylor
III Jaskiewicz
I Titcomb
I Titcomb*
II Bradley
III Jaskiewicz
II Bradley
MayorTaylor*
I Titcomb*
Board
Adv. Bd. on Children & Youth
Adv. Bd. on Children & Youth
Adv, Bd. On Children & Youth
Civil Service Board
Cemetery Board
Cemetery Board
Code Enforcement Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
library Board
Senior Advisory Board
Recreation & Parks Board
S,H.I.P. Affordable Housing
S,H,I.P, Affordable Housing
18
Alt
StulReg
Reg
Alt
Reg
Alt
Alt
Alt
Alt
Reg
Reg
Alt
Alt
Alt
Reg
Alt
Length of Term
Exoiration Date
1 yr term to 4/98 T ABLED-1
1 yr term to 4/98 T ABLED-1
2 yr term to 4/99-1
2 yr term to 4/99 TABLED-1
3 yr term to 4/00 T ABLED-1
1 yr term to 4/98 TABLED-1
1 yr term to 9/98 T ABLED-1
1 yr term to 4/98 T ABLED-1
1 yr term to 4/98 T ABLED-1
3 yr term to 4/00 T ABLED-1
3 yr term to 4/00 TABLED-3
1 yr term to 4/98 T ABLED-1
1 yr term to 4/98 TABLED-1
1 yr term to 4/98 TABLED-1
1 yr term to 6/98 TABLED(3)
1 yr term to 6/98 TABLED(3)
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 7, 1997
V. CITY MANAGER'S REPORT
A. Set Workshop Date for Presentation by City Staff on the subject of
Utility Billing
City Manager Willis advised that the six-month period expires in November and the
vendors are anxious to speak to the Commission,
This workshop was scheduled for Friday, November 7, 1997, at 4:00 p.m. In
Commission Chambers.
VI. PUBLIC AUDIENCE
Dee Zibelli, 440 Ocean Parkway, spoke of what she considered the unprofessional way
that the Commission eliminated Todd Kotas' position from the budget, and the way Mr,
Kotas was treated, She felt one of the reasons that this position was eliminated was
because Mr, Kotas did not agree with the Commission about the boat storage and the
downtown revitalization, She felt politics should stay out of Civil Service and protection
should be given to both the employer and the employees,
Dr. Mark Roberts said he prevailed in two lawsuits against the City and the City was
ordered to pay him Court costs. He has yet to receive payment from the City. He would
like the City to look into paying the Court costs, He felt the City Commission is doing a
great disservice to the City residents by voting tonight in the manner that they did. He
recommended that the Commission reconsider their vote with regard to the Clear Copy
issue,
Reginald Stambaugh, the attorney for RHS Corporation and Mark Roberts, stated that
Item 0,1 was placed on the Consent Agenda. That item is a major site plan
modification for Clear Copy. He stated that the Circuit Court heard a case quashing the
site plan approval for Clear Copy and a new site plan should be before the Commission.
He objected because proper notice and proper procedural due process has not been
provided and the essential requirements of law are not being followed. A major site
plan modification is not tantamount to approving a new site plan. There are speCific
criteria to be followed with a major versus minor site plan modification that is not
relevant to these proceedings and the Commission's ratification of a committee's
decision is misplaced. He urged the Commission to reconsider prior to any type of
appellate proceeding. He requested the Commission to examine the documents that
Dr, Roberts and RHS Corporation provided to them yesterday, Those documents were
also presented before the committee whose decision the Commission is ratifying this
evening.
James Miriani, 728 N.E. 8th Avenue, spoke on behalf of some of the senior citizens and
requested everyone to speak into the microphones.
21