LEGAL APPROVAL
'-(,,;.. ~ ~---
DEVELOPMENT ORDER ~
TV OF BOYNTON BEACH, FLOP - A
PROJECT NAME: Foster Property
APPLICANT: Roland E. and Leila M. Foster
APPLICANT'S AGENT: Julian Bryan
APPLICANT'S ADDRESS: 756 St. Albans Drive, Boca Raton, Florida 33486
DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998
TYPE OF RELIEF SOUGHT: Land Use Amendment/Rezoning
LOCATION OF PROPERTY: North of Miner Road between Lawrence Road and Congress Avenue
DRAWlNG(S): SeE EXHIBIT MB" 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 b~..$Ubstantial 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 Mlncluded".
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 wi," the terms
and conditions of this order.
7. Other
DATED: ~~-'~-tr ~ /PPA
f/
City Clerk
J:\SHRDATA\PIannlng\SHARED\WP\Projec:ta\Foar Property\LUAR\DEVELOPMENT ORDEfldoc
EXHIBIT II B"
Conditions of Aooroval
Project name: Foster Property
File number: LUAR 97-003
Reference: Toe olans consist of 5 sheets identified as 2nd Review. Land Use Amendment/Rezoninrz. File #
LUAR 97-003 with a November 2'5. 1997 Planninll and Zonimz Deoartment date stamo markinrz
DEPARTMENTS - INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments:
l. Indicate space for turn around at entry gate (for vehicles that are denied X
entrance or turned into the area by mistake). This area needs to be prior
to the entry gate.
2. The landscape plans show landscaping in the cul-de-sacs. The master X
plan does not show anything in the cul-de-sacs. The police department
recommends there be..no landscaping in the cul-de-sacs to allow for
fire/emergency vehicles to make adequate turning and also prevent any
visual hindrance of vehicles backing from driveways.
ENGINEERING DMSION ,
Comments:
3. Show a roadway section consistent with LDR, Chapter 6, Article IV, X
Section 10.B.&T.
4. The cul-do-sac diameter shall be a minimum of JO feet to the edge of the X
pavement or curb line. [LOR Chapter 6, Article lV, Section IO.D.J
S. Provide a recent (6 months) fair market appraisal of the subject parcel to X
detennine the required fee in lieu of land dedication' for parks or
recreational facilities. [LOR Chapter I, Article V, Section 3.A.2.e.(4)]
The appraisal shall be submitted as part of your final plat submission.
[LOR Chapter S, Article V, Section 1.]
6. Required improvements (paving, drainage, water, sewer, etc.) to be X
reviewed at time of submittal for plat. [LOR Chapter S, Article V,
Section 2.A.1.J
BUILDING OMSION
Comments:
-~~- --- -- ----~--------
Page 2
Foster Property
File No.: MPMD 97-003
DEPARTMENTS
7.
Either remove the word "Gazebo" from general note number 6 found on
the master plan or provide a perimeter setback for the passive park. water
management tracts and buffers. It is recommended that the perimeter
setback for the areas where a gazebo would be constructed be established
at 10 feet. Reference same within note number 6.
8.
Considering that the general notes identify, and the landscape plan shows
other structures (such as site walls and trellises to be located within the
common area), remove the words, "trellis, playground equipment and
irrigation pump houses" from general note number 6 and add a new note
stating, "other structures shall comply with the regulations specified in
Chapter 2, Zoning, Section 4.J of the city's Land Development
Regulations" .
9.
Add a general note to the master plan indicating that there shall be no
building or any kind of construction placed within an easement without
prior and proper written consent of aU easement beneficiaries including
aU applicable city approvals as required for such encroachment.
10.
To clarify the minimum lot frontage dimension, reword the minimum lot
size data as follows: ".3000 square feet (SO' X 100', typical). Fifty foot
minimum lot frontage'measured at the 20 foot building setback line".
11.
To ensure compliance with the maximum floor area ratio for the
proposed 4.0 Land Use Intensity (L.U.I.), add a category to the site area
breakdown data that indicates the maximum floor area shall not exceed
2,081 square feet. If the Commission rejects this comment, the applicant
shall provide with each building permit appltcation. a floor area
breakdown that provides computations indicating maximum floor area
allowed, maximum floor area existing prior to the subject permit request,
maxlDlWD floor area proposed with the subject permit including
identifying permit number and maximum floor area remainin.; following
permit approval. This ahemative method is very cumbersome and
becomes extremely hard to monitor when additions are added after the
houses are built. It is strongly recommended that the master plan specify
the maximum floor area allowed to ensure land use inteDsity is
maintained. Note the maximum building envelope shown and identified
on the plans exceeds this maximum floor area ratio for the proposed 4.0
land use intensity.
12.
To clarify the building setbacks add the words, "aU types of hard roof
structures" after the word "setbacks" found in the ftrSt setback data chart
on the master plan. Also, add a note following the side interior setback
specification indicting that a rated wall complying with Table 600 of the
Standard Building Code is required where there is a hard roof adjacent ~
a property line.
INCLUDE REJECT
X
x
X
x
x
x
Jt>{ y~"^t
\ '
j'Ji
(j't-
11
0(:--
D~
~(;.-
-rC:~ A
~'l)1~
{)' r/4
0~
o~
6~
uti-
Page 4
F oster Property
File No.: MPMD 97-003
r
DEPARTMENTS INCLUDE REJECT
21. Provide a unified control document. X
)2. Provide sidewalks on both sides of the proposed streets. X
~. On the sample lots, delineate and dimension parking spaces in X
accordance with the dimensional standards of the LOR.
]A: With the second submittal, provide dimensions between the proposed X
access driveway and the closest access driveways of the adjacent
properties to the north and to the south.
y: Future platting is necessary. A future (can be concurrent) site plan X
submittal is necessary for any project signage, common area landscaping
and screening! buffering details
JK Relocate the emergency easement to the northeast comer of the site to X .
align with the unidentified, paved side street extending westward from
Meadows Boulevard, to this comer of the subject property.
y Provide pedestrian access in conjunction with the relocated emergency X
access easement to.:~inimize walking distance to nearby public
recreation facilities.
J8:' Provide a written detennination of compliance with the Palm Beach X
County Traffic Perfonnance Standards ordinance.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDmONS
29. Disallow cypress mulch to be used. X
ADDITIONAL CITY COMMISSION CONDITIONS
30. w " dlMfRliMcl \. ~t8<F'ezr -,;;- ~FF &:>m",,4N'nfIf v'
!bme
.:~\cond d IppI\
(.. ('~
v<"" /
tt ,e'-
J:~~Yii" II
~(O . Gf
\' ~ .1~'('
rl~/~' 0
of
{id"y
~4;/J? ~
.J-C', J-
'-1:\'- u
trJ'
f-'
~ ~1i ,bt.
~)U~
V''" () It-
Page 3
Foster Property
File No.: MPMD 97-003
DEPARTMENTS INCLUDE REJECT
- - .
13. To clarify the setbacks for auxiliary structures, add the word, "roof' X
between the words, "screened enclosure" in all instances where the
words "screen enclosure" is identified in the site area breakdown section
of the master plan.
14. To maintain a 10 foot separation between auxiliary structures and the X
exterior walls of a home, it is recommended that the rear setback for
auxiliary structures for lots 91 and 92 be increased to 10 feet rather than
the proposed 5 feet for pooVspa and 8 feet for screened roof enclosures.
15. To clarify the side interior setback for auxiliary structures, re-word the X
side interior setback data as follows: "Zero lot line side - 3 foot
(pooVspa with privacy wall), 5 foot (pooVspa - no privacy wall), 0. foot
(screened roof enclosures). Side opposite zero lot line - 10 feet
(pooVspa and screened roof enclosures).
16. Note the proposed 8 foot screened roof enclosure setback would prohibit X
a pool, that was installed at the allowed 5 foot setback, to be enclosed
with a screen roofed structure.
PARKS AND RECREA nON
'"
-. .
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None - X
PLANNING AND ZONING
{'" .-
(.': Q Comments:
~ {I. .
q 7. On the master plan, provide information regarding location, size, and the X
availability of utilities for the proposed project (LOR. Chapter 3, Art. IV.
ll- Sec. 3.P).
;<<: Provide a proposed name for the subdivision (LOR. Chapter 3, Art. IV. X
Sec.3.A).
)9: Increase the width of the proposed street rights-of-way to the minimum X
of SO feet as required by LOR. Lack of compliance requires processing
of a concurrent variance/appeal to the required improvements section of
the LDRs. No variance/appeal can be granted if the street design does
not accomplish the intent (sidewaJb, travel lanes and drainage) of the
standard. SO foot wide design.
20. Submit for review a copy of BOA documents. X
1.- I
ORDINANCE NO. 098-~8
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
-FLORIDA, REGARDING 23.4 ACRES OF LAND
OWNED BY ROLAND E. FOSTER AND CElLA
M. FOSTER; AMENDING ORDINANCE 89-38
OF SAID CITY BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY BY ADOPTING THE
PROPER LAND USE OF CERTAIN PROPERTY,
MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND USE
DESIGNATION IS BEING CHANGED FROM MR-
5 IN PALM BEACH COUNTY TO LOW DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Future Land
i Use Plan and as part of said Plan a Future Land Use
Element by Ordinance No. 89 - 3 8 in accordance wi th the
, ;
'I Local Government Comprehensive Planning Act; and
, i
,
I WHEREAS, the procedure for amendment of a Future
I I
!
i i Land Use Element of a Comprehensive Plan as set forth in
, ,
, ,
Chapter 163, Florida Statutes, has been followed; and
WHEREAS, after publ ic hearing and study, the City
Commission deems it in the best interest of the
inhabi tants of said City to amend the aforesaid Element
of the Comprehensive Plan as adopted by the City herein.
NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY
in accordance with Chapter 163.3184, F. S.; or the date a
final order is issued by the Administration Commission
findingt:his amendment to be in compliance in accordance
with Chapter 163.3184, F.B.
The notice of compliance
becomes a final order 21 days following the issuance of the
notice of compliance if during the 21-day period no
petitions are filed challenging the amendment. Once issued,
the Notice of Intent shall be attached hereto as Exhibit
\\ A" and made a part of this Ordinance by reference.
FIRST READING this
7 day of July, 1998.
SECOND, FINAL READING and PASSAGE this
J/ day of
~v
, 1998.
CITY OF BOYNTON BEACH, FLORIDA
A~~/~
Ma::~r . i ,7, .
!." ,/~-~
or Pro Tern
d.- 1?t-
C~ssio~er
VvLw -~(J fCLf/'-
-
Commissioner
C i ~,\\~~I IIIIII///.
(~~.......9Ja.te.01s ~)
;} :n~POR..j'.... <9((\ ~
"_..:.uO ~~-...,. ~
S::':c~~,Foster ~crC'F~
.::'::: ;J:=
~0\ J ==
-~ \. 1920~' ~
~ ~" ~~ ~
'l ......... ~
~//h ,c- L. 0 R \ <;) ~ ,'~
,III \\,
/11111111 \\ \\\ \\
------~~
-~- ---~~
MEETING MINUTES
REGULAR CIN COMMISSION
BOYNTON BEACH, FLORIDA
ol~ {J~-
JULY 21,1998
6. Proposed Ordinance No. 098-27 Re: Annexing a 23.4 acre parcel
of land located north of Miner Road between Lawrence Road and
. Congress Avenue owned by Roland E. and Ceila M. Foster
Attorney Cirullo read Proposed Ordinance 098-27 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS ORDINANCE.
Motion
~
Commissioner Titcomb moved to approve Proposed Ordinance No, 098-27. Commissioner
Denahan seconded the motion. aty Clerk Sue Kruse polled the vote, The vote was unanimous.
7. Proposed Ordinance No. 098-28 Re:. Amending Ordinance 89-38
to amend the Future Land Use Element of the Comprehensive Plan to
change the land use designation of 23A. acres of land owned by Roland
E. Foster and Ceil a M, Foster from MR-S in Palm Beach County to Low
Density Residential
Attorney Cirullo read Proposed Ordinance 098-28 by title only,
MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 098-28. Commissioner
Titcomb seconded the motion. City Clerk Sue Kruse polled the vote, The vote was unanimous.
8. Proposed Ordinance No. 098-29 Re: Amending Ordinance 91-70
by rezoning property owneq by Roland E, Foster and Ceila M. Foster from
Agricultural Residential (AR) in Palm Beach County to Planned Unit
-Development (PUD)~:' - .
Attorney Cirullo read Proposed Ordinance 098-29 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO
WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 098-29.. Commissioner
Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
28
ORDINANCE NO. 098-,17
II
I
!
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
. REGARDING THE APPLICATION OF ROLAND E.
AND CElLA M. FOSTER (A 23.4 ACRE PARCEL
LOCATED NORTH OF MINOR ROAD BETWEEN
LAWRENCE ROAD AND CONGRESS AVENUE);
ANNEXING A CERTAIN UNINCORPORATED
TRACT OF LAND THAT IS CONTIGUOUS TO THE
CITY LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDmON TO THE CITY
TERRITORY, PURSUANT TO A PETITION BY THE
OWNER OF SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I,
SECTION 7 (32) OF THE CHARTER OF THE CITY
OF BOYNTON BEACH, FLORIDA, AND SECTIONS
171.044, AND 171.062(2), FLORIDA STATUTES;
PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the City of Boynton Beach
requires the development of an Annexation Program; and
WHEREAS, Julian Bryan of Julian Bryan and Associates, Inc., agent
on behalf of Roland E. Foster and Ceila M. Foster, property owners, , as
owner of the property more particularly described hereinafter, has heretofore
filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of annexing a
certain tract of land consisting of23.4 acres; and
WH EREAS, the City of Boynton Beach hereby exercises its option to
annex the foilowing tract of land as hereinafter described, in accordance with
Article I, Section 7 (32) of the Charter of the City and Section 171.044, and
I 171.062(2), Florida Statutes; and
I
I WHEREAS, said tract of land lying and being within Palm Beach
County is contiguous to the existing city limits of the City of Boynton Beach,
I and will, upon its annexation, constitute a reasonably compact addition to
the City territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
I COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Pursuant to Article I, Section 7 (32) of the Charter of
the City of Boynton Beach, Florida and Section 171.044, Florida Statutes the
following described unincorporated and contiguous tract of land situated and
lying and being in the County of Palm Beach, Florida, to wit:
The West 2/3 of the South " of the
East ~ of the Northeast " of the
Southwest " and the West 2/3 of the
East ~ of the Southeast " of the
Southwest" of Section 7, Township 45
South, Range 43 East; said lands
situate, lying and being in Palm
Beach County, Florida, LESS the South
40 feet thereof.
is hereby annexed to the City of Boynton Beach, Florida, and such land so
annexed shall be and become part of the City with the same force and effect
._---"._--------------~--
as though the same had been originally incorporated in the territorial
boundaries thereof.
Section 2: That Section 6 and 6(a) of the Charter of the City of Boynton
I Beach, Florida, is hereby amended to reflect the annexation of said tract of land
I
, I more particularly described in Section 1 of this Ordinance.
Section 3: That by Ordinances adopted simultaneously herewith, the
proper City zoning designation and Land Use category is being determined as
contemplated in Section 171.162(2), Florida Statutes.
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 affect the remainder of this Ordinance.
Section 6: This Ordinance shall not be passed until annexation is
advertised for two (2) consecutive weeks in a newspaper of general circulation in
the City of Boynton Beach, Florida, as required by the City Charter and Section
171.044, Florida Statutes.
Section 7. This ordinance shall become effective immediately upon
passage.
Section 8. SpeCific authority is hereby given to codify this Ordinance.
Section 9. This ordinance, after adoption, shall be filed with the Clerk of
the Circuit Court of Palm Beach County, Florida.
FIRST READING this 7 day of ~$'
, 1998.
~----- -----~----------
SECOND, FINAL READING and PASSAGE this cII/ day of
: i
I
'I~~
, 1998.
ATTEST:
~~~~~
City Clerk..
\\\\\~\\\I""'II
(Co~r;il ,.//~
~' ~o ~
~ ~~ ............ <9 ~
~ ::0;. ,'...001:1;;... :A ~
:::: 0 /0'<'" . "'l~~'" ".. ;:::;.
~... :~ \ ~ ~
.... ~ 'S . '-' -
sia~rci\AAnexation Fo~rX ~
%0\1920) j
~ . ..'" ~
~ .......... ~ ~
~/1. ~LOP.\~ ~~~
11111"11 111\\\\\\\'\
\ \
,
, :
\ 1
I
CITY OF BOYNTON BEACH, FLORIDA
y-.
.-'\
vZ~~7~C"<-')
Mayor Pro Tern ..1
~~~
~ssion~r .
Vullit ~ili~
Commissioner
r~
,
1
;1,
FOSTER PROPERTY PUD
ANNEXATION. LAND USE AMENDMENT AND REZONING
L._ _ -1
ORDINANCE NO. 098-.;(9
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
.." REGARDING THE APPLICATION OF ROLA.ND E.
FOSTER AND CElLA. M. FOSTER AMENDING
ORDINANCE 91-70 OF SAID CITY BY REZONING
A CERTAIN TRACT OF LA.ND MORE
PARTICULA.RL Y DESCRIBED HEREIN, FROM
AGRICULTURAL RESIDENTIAL (AR) IN PALM
BEACH COUNTY TO PLA.NNED UNIT
DEVELOPMENT (PUD LUI = 4.0); PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
has adopted Ordinance No. 91-70, in which a Revised Zoning Map was
adopted for said City; and
WHEREAS, Julian Bryan of Julian Bryan and Associates, Inc., agent
;-
for Roland E. Foster and Ceila M. Foster owners of the property more
I
II particularly described hereinafter, has heretofore filed a Petition, pursuant to
I Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton
Beach, Florida, for the purpose of rezoning a certain tract of land consisting
of 23.4 acres, said land being more particularly described hereinafter, from
Agricultural Residential (AR) in Palm Beach County to Planned Unit
Development (PUD LUI 4.0); and
WHEREAS, the City Commission 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
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The following described land, located in the City of
Boynton Beach, Florida as set forth as follows:
I
I
i
i I
I
The West 2/3 of the South ~ of the
East % of the Northeast ~ of the
Southwest ~ and the West 2/3 of the
East % of the Southeast ~ of the
Southwest ~ of Section 7, Township 45
South, Range 43 East; said lands
situate, lying and being in Palm
Beach County, Florida, LESS the South
40 feet thereof.
: I
i i
: !
be and the same is hereby rezoned from Agricultural Residential (AR) in Palm
Beach County to Planned Unit Development (PUD LUI 4.0). A location map is
I attached hereto as Exhibit "A" and made a part of this Ordinance by reference.
Attached as Exhibit _';8" is a copy of the conditions/requirements for this rezoning,
which are incorporated herein.
Section 2: That the aforesaid Revised Zoning Map of the City shall be
amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are
I hereby repealed.
i
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 affect the remainder of this Ordinance.
Section 5: This ordinance shall become effective immediately upon
pas geL
FIRST READING this 7 day of ~~
, 1998.
SECOND, FINAL READING and PASSAGE this J/ day of ~r
: i
!
I;
i
i
ATTEST:
Ci Clerk
\\\\," 11I1f/f',It,
~\\\'\ ~NJ"~/I~
( .~f ~
W~ o~.... ~ ~
:::: '{Jo ~",. _
.::: .). l~ ~, ". :
:: f- 1-...: ~ (') =
--. ;:1:-
~'Re\o~~Cf/ j
~... .. ~
~ ............ ~
~ ~l..OA\~t-....~
"II/. \\"
1/1/1/1111\ \\\\\'\
---- .---- .._'-_._.._--'_._-'--~---~_._----_.~-_._.-
CITY OF BOYNTON BEACH, FLORIDA
~ /
1 '
cV
e,.---
ayor Pro Tem
~!~L ~
c~ssioner ,
\\1Lu.<.. ~,L-ltL~LlUf\v
Commissioner
, 1998.
-...
-L J j...::,.lJII~~..
:'.,
-
lr.~~ r Qb
L
FOSTER PROPERTY PUO
ANNEXA nON. LAND USE AMENDMENT AND REZONING
J
-
,
.-
MEETING MINUTES --
REGULAR CITY COM~....SSION
BOYNTON BEACH, FLORIDA
JULY 7,1998
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Titcomb moved to approve Proposed Ordinance No. 098-25.Mayor Pro Tem
Tillman seconded the motion.
Vice Mayor Jaskiewicz requested that Attorney Cherof investigate to see if her remarks about
Proposed Ordinance 098-24 are included in this Ordinance.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
5. Proposed Ordinance No. 098-26 Re: Amending Ordinance 89-38
of the Future Land Use Element of the Comprehensive Plan to change
the land use designation from Moderate Density Residential to High
Density Residential on 66.16 acres of land known as Woolbright Place
PUD
Attorney Cherof read Proposed Ordinance No. 098-26 by title only.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 098-26. Mayor Pro Tern
Tillman seconded the motior):" City Clerk Sue Kruse polled the vote. The vote was unanimous.
6. Proposed Ordinance No. 098-27 Re: Annexing a 23.4 acre parcel
of land located north of Miner Road between Lawrence Road and
Congress Avenue owned by Roland E. and Ceila M. Foster
Attorney Cherof read Proposed Ordinance No. 098-27 by title only.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-27. Mayor Pro Tern
Tillman seconded the motion. City Clerk Sue KnJse polled the vote. The vote was unanimous.
7. Proposed Ordinance No. 098-28 Re: Amending Ordinance 89-38
by amending the Future Land Use Element of the Comprehensive Plan to
change the land use designation of 23.4 acres of land owned by Roland
E. Foster and Ceila M. Foster from MR-5 in Palm Beach County to. Low
Density Residential
Attorney Cherof read Proposed Ordinance No. 098-28 by title only.
22
MEETING MINUTES
REGULAR CITY COMMA""SION
BOYNTON BEACH, FLORIDA
JULY 7, 1998
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-28. Commissioner
Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was
unanimous.
8. Proposed Ordinance No. 098-29 Re: Amending Ordinance 91-70
by rezoning property owned by Roland E. Foster and Ceila M. Foster
from Agricultural Residential (AR) in Palm Beach County to Planned Unit
Development (PUD)
Attorney Cherof read Proposed Ordinance No. 098-29 by title only.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 098-29. Mayor Pro Tem
Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
C. Resolutions:
None
D. Other:
1 . ConsiPeration of waiving the confidentiality of the appraisals the City has
obtained on the two parcels of land associated with the Pond "B" project
Attorney Cherof advised that under Stat~. law, the City is permitted to obtain appraisals and
keep them confidential during negotiations to acquire a property. It is not always appropriate to
keep the documents confidential.
The City has made two offers to acquire property designated as Pond "8" in the downtown area.
There is a credibility gap between the offer made by the City and what the property owners
expect regarding the value of the land. Professional certified State appraisers perform our
appraisals. Attorney Cherof believes it would expedite our negotiations if we provide them with
-.the information re{l3rding the true value. Attorney Cherof requested that the City Commission
waive the statutory right to keep the documents exempt.
Mayor Taylor supported Attorney Cherofs request.
Commissioner Titcomb supports the request. but questioned whether there are any perceived
negatives to releasing this information. Attorney Cherof responded negatively. He explained
that while the City gathers its strategy for negotiating, it is important to keep the information
confidential. However, at this point. there is no tactical or legal benefit.
23
----~"_.._~~,~-------~._--_..,-
\ R ~ ""' 1:, "
-. O~ Is' ~;
MINUTES OF 1 HE REGULAR CITY COMMISSION ME... TING\
TUESDAY, JANUARY 6,1998, AT 6:30 P.M.
.; !
A~m21
--"'I
I
!
,
PLANNING AND
ZONING DEPT.
._.r.r ..._
PRESENT
Gerald U Jerry" Taylor, Mayor
Jamie Titcomb, Vice Mayor
Matt Bradley, Commissioner
Shirley Jaskiewicz, Commissioner
Henderson Tillman, Commissioner
Kerry Willis, City Manager
Jim Cherot, City Attorney (arrived 7:15 p.m.)
Sue Kruse, City Clerk
Sam Goren, Josias, Goren, Cherot,
Doody & Ezrol
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Reverend Randall Gill- First Presbyterian Chuich
C. Pledge of Allegiance to the Flag led by Vice Mayor Jamie Titcomb
Mayor Taylor called the meeting to order at 6:30 p.m. Reverend Gill offered the invocation and
Vice Mayor Titcomb led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Commissioner Tillman requested the addition of Item III-A.4, "Gateway Boulevard".
Mayor Taylor advised that Item III-B.4, "Presentation of final grant payment ($19,500) trom the
Florida Inland Navigation District (F.I.N.D.) for Mangrove Nature Park - Presentation to be
made by Lennart E. Lindahl, F.I.N.D. Commissioner" would be postponed until the next meeting.
Attorney Goren requested the addition of Item XI-D.1, "Issue to Finalize the Ballot Questions".
2. Adoption
Vice Mayor Titcomb moved to approve the agenda as amended. Commissioner Tillman
seconded the motion that carried unanimously.
II. ADMINISTRATIVE:
A. Accept resignation of Pam Winters, Alternate member of the Recreation & Park
Board
Motion
Commissioner Jaskiewicz moved to accept the resignation with regret. Vice Mayor Titcomb
seconded the motion that carried unanimously.
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
B. Appointments to be made:
Appointment
To Be Made
IV Tillman*
Mayor Taylor
I Titcomb
IV Tillman
Mayor Taylor
I Titcomb
I Titcomb*
II Bradley*
Mayor Taylor
III Jaskiewicz
II Bradley
III Jaskiewicz
I Titcomb
Mayor Taylor*
III Jaskiewicz*
IV Tillman
Mayor Taylor
IV Tillman
Board
Building Bd. of Adj. & Appeals
Code Enforcement Board
Code Enforcement Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Education Advisory Board
Library Board
Library Board
Recreation & Parks Board
S.H.I.P. Affordable Housing
S.H.I.P. Affordable Housing
Adv. Bd. Children & Youth
Adv. Bd. Children & Youth
Adv. Bd. Children & Youth
Planning & Development Bd.
Reg
Alt
Alt
Alt
Alt
Reg
Reg
Reg
Alt
Alt
Alt
Alt
Alt
Alt
Alt
Alt
Stu/Reg
Alt
JANUARY 6, 1998
Length of Term
Exoiration Date
3 yr term to 4/00
1 yr term to 9/98
1 yr term to 9/98
1 yr term to 4/98
1 yr term to 4/98
3 yr term to 4/00
3 yr term to 4/99
3 yr term to 4/98
1 yr term to 4/98
1 yr term to 4/98
1 yr term to 4/98
1 yr term to 4/98
1 yr term to 6/98
1 yr term to 6/98
1 yr term to 4/98
1 yr term to 4/98
1 yr term to 4/98
1 yr term to 4/98
T ABlED-3
-1
-1
-1
-1
-1
TABlED-3
T ABlED-3
-1
-1
-1
-1
-1
TABlED-3
T ABlED-3
T ABLED-2
-1
-1
Mayor Taylor appointed Lannette Seabrook as an alternate member of the Education Advisory
Board.
Motion
Commissioner Tillman moved to approve the appointment. Vice Mayor Titcomb seconded the
motion that carried unanimously.
III. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements:
1. T.N.T. Concert - Oceanfront Park, Friday, January 9J 1998, 5:00 p.m. to
8:00 p.m. -"Island Vibes" (Reggae)
Mayor Taylor made this announcement.
2. City Commission Executive Session. 'for the purpose of collective
bargaining session - Wednesday, January 14, 1998J 6:30 p.m.
Mayor Taylor made this announcement.
3. Joint City Commission/Planning & Development Board/Chamber of
Commerce Workshop Meeting regarding community appearance -
Monday, January 26, 1998 at 6:30 p.m. - West Wing Conference Room
"C"
2
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
Mayor Taylor made this announcement.
4. Gateway Boulevard
JANUARY 6,1998
Commissioner Tillman reminded the Commissioners of the City's struggle over the last year to
begin the Gateway Boulevard construction with a change in the design. On December 16th,
during a meeting with the consultant, progress was made and we are moving forward. The
County has agreed to add an additional $350,000 to the project, bringing the total funding to
$1.1 million.
B. Presentations:
1. Proclamations:
a. "The Week of the Working Parenr - January 18 - 24, 1998
Mayor Taylor read a Proclamation declaring January 18th through January 24th as, "The Week
of the Working Parenr.
b. "Four Chaplains Sunday" - February 1, 1998
Mayor Taylor read a Proclamation declaring February 1st as "Four Chaplains Sunday", and
presented it to Reverend Gill.
2. Presentation of Annual Holiday Parade Awards by Virginia Shea, Holiday
Parade Coordinator
Virginia Shea, Community Promotions Supervisor, thanked the sponsors of the Annual Holiday
Parade. They are The Palm Beach Post, Sun-Sentinel, Bob Taylor and Bethesda Hospital, and
Cafe Barista. The character costume sponsors were Mainstreet Car Wash, Smith Brothers
PhotographYJ Barnett Bank, Rainbow Printing, Expercare Nursing and Holiday Inn-Catalina.
The First Family sponsors were Cuco's Border Cafe. IHOP, McDonald's, Alpine Florist, Borders
Books, and Berlin's Bowling Alley.
The following categories were recognized:
First Family
Mayor's Choice
Most Outstanding Float
Best Church Float
Best School and Youth Float
Best City, Town or Government Sponsored Float
Best Marching Unit
Best Commercial Float
Best Marching Band
Best Character Costume
Judge's Award
Brian Aikens
Atlantic High School Eaglettes & Company
Parents of the Youth Flag Football Cheerleaders
Bible Church, of God
St. Joseph's Episcopal Church and School
1998 Black Awareness Day Coronation Corps
Delta Sigma Theta Delteens
LA Dance
Palm Beach Lakes High School
Popeye Sponsored by Rainbow Printing
Bible Church of God
Ms. Shea thanked the three judges - Dale Hatch, Betty Thomas, and Ginny Foot. Ms. Shea
also thanked everyone who participated.
3
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
3. Presentation of Certificates of Completion by Mayor Jerry Taylor to Vice
Mayor Jamie Titcomb and Commissioner Shirley Jaskiewicz from Florida
Institute of Government
Mayor Taylor presented Certificates of Completion to Vice Mayor Titcomb and Commissioner
Jaskiewicz for completion of 18 hours of instruction at the Institute for Elected Municipal
Officials.
4. Presentation of final grant payment ($19,500) from the Florida Inland
Navigation District (F.I.N.D.) for Mangrove Nature Park - Presentation to
be made by Lennart E. Lindahl, F.I.N.D. Commissioner
This item was postponed until the January 20th City Commission meeting.
IV. CONSENT AGENDA:
A. Minutes:
1. Joint Workshop Meeting of the City CommissionJ Planning &
Development Board and Chamber of Commerce - December 8, 1997
Motion
Commissioner Jaskiewicz moved to approve the minutes of the December 8, 1997 meeting.
Vice Mayor Titcomb seconded the motion that carried unanimously.
2. Regular City Commission Meeting of December 1S, 1997
Motion
Vice Mayor Titcomb moved to approve the minutes of the December 16, 1997 meeting.
Commissioner Jaskiewicz seconded the motion that carried unanimously.
Mayor Taylor announced that he had a request from the floor to pull Item 0.2. When he
questioned whether any of the Commissioners wished to pull this item for discussion, the
response was negative. No items were removed from the Consent Agenda.
B. Bids - Recommend Approval - All expenditures are approved in the 1997-98
Adopted Budget
1. Approve one-year extension of the Annual Supply of Hydrogen Peroxide
(Piggyback Fort Myers Bid #21-94-95) - Bid #032-401-98/CJD TO Vulcan
Chemical TechnologiesJ Inc.J of West Sacramento, California - Budgeted
amount - $140,000.
2. Award Annual Contract for Cleaning Chemicals and Janitorial Supplies -
Bid #OOS-502-98/SP to various vendors on an item-by-item basis.
Budgeted amount: $60,000
4
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
3. Award Bid #020-211-98/CJD "Leasing of Five New and Used Vehicles" to
Mears Motor Livery Corporation of Orlando, Florida, in the amount of
$2,400 per month for a total yearly cost of $28,800
4. Award Co-Op Anhydrous Ammonia Bid #011-401-98/SP to Tanner
Industries, Inc., of Philadelphia, Pennsylvania, in the amount of $5,520
5. Award bid for Cleaning, Sand blasting and Painting of a Steel and
Concrete Potable Water Clarification Basin (Infilco Accelator) - Bid #013-
401-98-SP to INCLAN PAINTING CORP., Miami, Florida, in the amount
of $34,900.
C. Resolutions:
1. Proposed Resolution No. R98-01 Re: Authorizing the Mayor to
execute an agreement with Big Beat Productions, Inc., in the amount of
$4,050 for the Winter/Spring "Tunes in Town" concert series ($3,250) and
Black Awareness Day ($800)
2. Proposed Resolution No. R98-02 Re: Authorizing the Mayor to
execute an agreement with the non-profit organization, Boynton Beach
Kiwanis Club, to sell popcomJ soda beverage and bottled water at the
1998 Boynton Beach G.A.L.A. on March 20, 21, and 22J 1998
3. Proposed Resolution No. R98-03 Re: Authorizing the Mayor to
execute an agreement with Morgan Entertainment, Inc., to provide a
variety of music entertainment for publiC recreation and enjoyment during
the 1998 G.A.L.A. festival to be held on March 20J 21, and 22, 1998
4. Proposed Resolution No. R98-Q4 Re: Authorizing the Mayor to
execute an agreement between the City of Boynton Beach and Derrick
Reid of Music for All Occasions. to provide D.J. services at Black
Awareness Day
5.
Proposed Resolution No. R98-05 Re: Supporting the
League of Cities, Inc.'s Constitution Revision Resolution
Florida
D. Ratification of Planning & Development Board Action:
/'1. Request by Canterbury Realty for a variance from the LDRs, Chapter 21
- Signs, Article IV, Section 1.C to allow an increase in the allowable
square footage of a wall sign from 150 square feet to 187 square feet at
1301 North Congress Avenue (Merrill Lynch) k
/
\./2. Boynton Beach Mausoleum, Inc. request for a variance to Chapter 2 -
Zoning. Section 5.J.2 of the LDRs to allow a reduction of the minimum
side yard setback requirements from 30 feet to 10 feet
5
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
3. Boynton Beach Development Corporation request to amend Chapter 21 -
Signs of the Land Development Regulations, to exclude from the
definition of roof signs and roof top signs, signs placed on parapet walls.
E. Approval of Bills
A copy of the bills is attached to the original set of minutes on file in the City Clerk's Office.
F. Approve Task Order #33A submitted by CH2M Hill in the amount of $30,671 for
the preparation of detailed site improvement construction drawings for Phase
One of the East Water Treatment Plant expansion project.
G. Approve the reconstruction/repair work for the fire property loss at Pioneer Park
be performed by ERS, of Pompano Beach, Florida, in the amount of $27,698.
H. Approve annual purchase order with Enviroguard Systems, Inc'J for landscape
maintenance on 1-95 right of-way at the Boynton Beach Boulevard Interchange at
a total cost of $16JOOO through the end of this fiscal year
I. Approve Change Order #18 for John C. Cassidy Air Conditioning for additional
work on the first floor of the West Wing in the amount of $46.975
J. Approve Public Works' request to purchase 27 vehicles that include seven (7)
Crown Victorias, one (1) S-10 Blazer, three (3) four-door wagons, five (5) mid-
size four-door sedans, four (4) Chevrolet ~ ton pickup trucks, four (4) GM one-
ton pickup trucks, one (1) Ford E150 cargo van. one (1) 1998 Chevrolet
extended cargo van, and one (1) GM one-ton HD Chassis Cab. All vehicles,
including options, will be purchased from State Contract #070-001-96-1 at a total
cost of $483.047
K. Approve proposal from Wynn & Son Environmental Construction, Inc., for the
pathway resurfacing at Boynton Beach Memorial Park (Cemetery) for a total cost
of $42.365 (piggybacking Palm Beach County Bid #98054)
L. Expand Pilot Program for Garbage Carts into an additional neighborhood -
Golfview Harbour
Motion
Commissioner Tillman moved to approve the Consent Agenda as presented. Vice Mayor
Titcomb seconded the motion that carried unanimously.
V. CITY MANAGER'S REPORT:
A. Schedule of workshop mt!etings with Commission and planning consultants
City Manager Willis requested monthly workshops with the Commission and the planning
consultants to be scheduled for mid-February, mid-March, mid-April, and mid-May. This will
take the final schedule through mid-May rather than May 1 st.
6
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Commissioner Bradley questioned whether this was an attempt to change the scope of work or
the work plan.
City Manager Willis explained that a number of issues have been addressed such as the traffic
count on Gateway Boulevard. It is important to get that information in order to determine
whether to widen the road to three or five lanes. The scope of work will need to be expanded to
handle that task.
Staff will be meeting with the consultants next week to discuss a number of items that might
affect the scope of work. This information will come back to the Commission on January 20th.
Although there might be a slight modification, we believe we will have a better finished product.
B. Status of North Congress Avenue Medians
Wilfred Hawkins, Assistant to the City Manager, advised that the City has received partial grant
funding for four medians on Congress Avenue. The bid opening was on December 4th. The
Committee will be recommending Sunnyland Irrigation to do the work. The contract bid amount
is approximately $100,000. The Palm Beach County grant reimbursement amount is $40,000.
The remaining $60J692 will come from the Capital Improvement Budget if the Commission
approves this contract. This item is scheduled for review and consideration at the next City
Commission meeting.
Commissioner Jaskiewicz questioned whether there is any intention to remove the existing oak
trees. John Wildner, Acting Director of Recreation & Park Department, said the existing trees
will remain in place, and additional landscaping will be planted.
Commissioner Bradley confirmed with Mr. Hawkins that this is the ongoing median project that
has been in place for a number of years. Commissioner Bradley was also of the opinion that
this was a SO/50 matching program for Beautiful Palm Beaches.
Mr. Wildner reported that we anticipated a bid of $80,000. The actual bid came in higher. This
project can be pared back if that is the desire of the Commission.
Commissioner Jaskiewicz expressed concern about the middle medians that have absolutely no
landscaping at this time. Mr. Wildner explained that we would continue with the same schedule
doing four or five medians per year unless additional funding is provided. At present, the
$40,000 with the match from Palm Beach County allows us to do four or five medians each
year.
In response to Commissioner Jaskiewicz, Mr. Wildner explained that developers participate in
funding the landscaping of these medians. At present, a developer is adding landscaping to
one of the middle medians as a requirement of his development. Mr. Wildner advised that all of
the median landscaping that is part of this project should be completed in approximately two
years.
7
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
C. Speed Humps
Mr. Hawkins reminded the Commissioners that the speed humps on SW 4th, SW 5th, and SW 6th
Streets were installed as part of a pilot project for a period of one year. Staff has been watching
this situation closely, and found that the general public supports these humps as a way of
solving speeding problems on local streets. However, staff feels speed humps may not be the
answer for every neighborhood. The City wants to develop specific criteria that can be applied
with respect to where speed humps or other traffic calming devices should be installed.
Larry Roberts, Public Works Director, said the speed humps have been a popular item, and they
have helped to control some of the traffic speeds in the neighborhoods where they are installed.
The City has not received many complaints about the speed humps, but has received a number
of complaints about the advance warning signs that have been installed, and the color of the
humps. There is very little criter:ia being used by the cities and counties installing these humps.
Therefore, it is necessary to explore this issue and gather more information. There are
additional traffic calming devices available that include rerouting traffic through the streets,
rumble strips and teardrop islands.
Mr. Hawkins advised that the Visions 20/20 consultant is looking at this issue and will help us
develop criteria for traffic calming.
D. Gateway Boulevard
Larry Roberts, Public Works Director, distributed a schedule for this project. He advised that we
are on target with respect to the design of this project. We should be able to complete the
design and accept bids before the end of 1998. It is anticipated that construction will begin in
the early part of 1999 with completion by the end of 1999.
At a kick-off meeting with the consultant on December 16th, representatives of the Visions 20/20
planning group were present. Additional funding will be made available to us. In addition, it
might be possible to include a drainage outfall through funding from the Lake Worth Lagoon
Planning Commission.
Mayor Taylor expressed disapPointment because he believed this project would be completed
in 1998, not 1999. He does not understand why it takes so long to design this project. He
pointed out that until tonight, he never heard any discussion about making Gateway Boulevard a
five-lane road. This road was supposed to be a three-lane road because there was not enough
room to widen it further without having to acquire property. He is very disappointed that this
project is moving so slowly.
Mr. Roberts explained that we are not totally satisfied that the traffic counts this project is being
designed around have taken into consideration the intense possibilities of development in
Quantum Park and the Visions 20/20 projects and programs. We want to be certain the design
of the road will last through the year 2015.
Commissioner Tillman suggested that these items be designed and phased in at a later date.
Mr. Roberts advised that we anticipate building a three-lane road that can be expanded in the
future.
8
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Commissioner Jaskiewicz pointed out that during meetings to discuss traffic calming, it was
stressed that one deterrent is fewer lanes.
Mayor Taylor feels it might be necessary to find companies that have more time and people to
get this job done quicker.
Commissioner Bradley explained that the County has not projected more than a level B capacity
on this roadway. Three lanes would be sufficient to handle that level. However, because this
County is growing so rapidly, this road could become a major arterial. Commissioner Bradley
feels it is important to study the numbers and have the capacity to make the roadway five lanes
if necessary.
VI. PUBLIC AUDIENCE:
Carel Fisher, 16441 Temple Boulevard, Loxahatchee, is the former Deputy Public Works
Director. He complained that when he came to the City on Friday to pick up his final paycheck
and the pay-out for accrued sick and vacation time, Mr. Larry Roberts, Public Works DirectorJ
refused to release his checks because a label maker was missing from the Public Works
Department. Mr. Roberts advised that he would release the checks if Mr. Fisher agreed to
purchase a replacement label maker. Mr. Fisher requested a meeting with the City Manager.
When she was not availableJ he met with Dale Sugerman who agreed that at least one of the
checks should be released until the matter was resolved. One check still remains with the City.
City Manager Willis asked Mr. Fisher to contact her office to schedule a meeting later in the
week.
Sunny Garcia, Vice President of the Roiling Green Homeowners' Association, thanked the
Commission for the plants that were installed on 13th Street. He requested that the City
consider resealing some of the streets in his neighborhood next year.
Mayor Taylor advised that every street within the City is on a schedule for repaving. He
suggested that Mr. Garcia check the schedule. If there is a problem with potholes, that
information should be brought to the attention of the City.
VII. PUBLIC HEARING:
./ A.
Project:
Agent:
Owner:
Location:
Description:
Foster Property (ANNX 97-001 and LUAE 97-003)
Julian Bryan and Associates
Roland E. and Leila M. Foster .
North side of Miner Road, one-half mile west of Congress Avenue
Request for annexationJ the amendment of the Future Land Use
Map of the Comprehensive Plan from MR-5 in Palm Beach
County to Low Density Residential, and to rezone the property
from Agricultural Residential (AR) in Palm Beach Courty to
Planned Unit Development with a land use intensity of 4.0 (PUD
with LUI=4.0) to allow for 98 zero lot line, single-family homes
Attorney Cherof administered the oath to all that would testify on this application.
9
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Mayor Taylor announced that the Planning & Development Board unanimously approved this
item.
Martin Perry represented the applicant. He thanked staff for their cooperation during this
process and advised that the applicant agrees with staffs comments. The plan is consistent
and compatible with the neighborhood. This application involves 98 zero-lot line lots.
The staff report discusses lot size. The average size of the lots is 6JOOO square feet. However,
the applicant is unable to achieve a minimum lot size of 6,000 square feet. All of the lots are at
least 5,000 square feet. One-third of the lots are in excess of 6,000 square feet. The applicant
is unable to create a housing type or style that is consistent with the goals of the City for more
upscale and larger homes. The applicant has agreed to the additional condition imposed by the
Planning & Development Board. The only unresolved item is the size of the street. This
subdivision will have one street. The applicant is requesting that this private'street be permitted
at 40' rather than 50'. Everything can fit within the 40' with the exception of one sidewalk that
will be an easement outside the 40'.
Julian Bryan. Plannlna Consultant and Aaent. 756 St. Albans Drive. Boca Raton. advised
that there is a mobile home park in unincorporated Palm Beach County to the west, and the
Meadows Subdivision on the east. Mr. Bryan said he was able to place a 20' landscape buffer
around the entire community that is separate and independent from the lots. In addition, there
will be two lakes on the east that will provide additional buffering.
One additional staff comment requested a secondary emergency access to the community.
That access was initially placed in the northwest comer. After consideration, staff felt it would
be more appropriate to create the emergency access at the northeast comer to allow a
pedestrian access to Meadows Boulevard. This will be incorporated into the plan.
Mr. Perry explained that there has been no discussion with respect to the park situation
because they have set aside a small area that does not meet all of the City requirements. The
applicant's intention is to utilize the Code provisions to make a contribution for whatever they do
not have. In addition, the applicant is providing the pedestrian access to the public park north of
the Meadows.
He reiterated that the applicant is in agreement with 'all conditions. The only issue subject to
debate is the 40' street versus the 50' street. The project is not feasible without 40' streets
because the lot sizes will be dramatically altered. There is a provision in the Code that allows
the Commission to vary the street width without the applicant having to request a variance.
In response to Commissioner Tillman, Mr. Perry advised that there is a 20' landscape buffer
along the west property line adjacent to the mobile homes. In addition, there are the typical rear
yard setbacks that average approximately 15J. There will be large shade and canopy trees in
the buffer planted on 30' centers along the perimeter as well as a Ficus hedge that will grow to a
height of 6' or 7'.
Commissioner Bradley asked Mr. Perry to explain why the applicant cannot make the average
lot size larger than 6,000 square feet.
10
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Mr. Perry explained that, for economic reasons, the project would not be feasible if the lots are
all 6,000. If the applicant constructs a 50' width street and maintains 6JOOO square foot lots, he
would lose 25% of the lots. Land acquisition prices will not allow this project to be feasible. The
applicant would look for another vacant parcel. Mr. Perry explained that the applicant is trying
to maintain a certain size and type of house to try to meet the desires of the City with respect to
upgrading housing stock. To increase lot sizes and street width, the number of lots must be
reduced. Therefore, a higher priced house must be built to make up the economic loss. This
could put the developer out of the market because it does not make sense to build that high-
priced housing project in the neighborhood. The applicant has met all of the City's
requirements. Many of those requirements are in excess of what the County would require.
The only things the applicant cannot do is provide a 50' width street and 6,000 square foot
minimum lot size. Twenty-seven of the 98 lots exceed the minimum requirement, 35 lots are at
5,000 square feet, and the remaining lots are between 5JOOO and 6,000 square feet. The
applicant has made a good effort to accommodate all of the City's requirements.
In response to Commissioner Bradley, Ms. Heyden explained that the LUI at the Meadows is
probably six, and there are nine different podS in that subdivision. The lots in the smaller single-
family pods are 5,000 square feet. The lots in the last pod that was built are approximately
6,000 to 7,000 square feet. However, the average lot size in the Meadows is 5,500 square feet.
Commissioner Bradley feels that if the Commission is adamant in requiring the minimum lot
size, the City will have better housing stock.
Mayor Taylor agreed with Commissioner Bradley's remarks and pointed out that one of the
goals of this Commission was to upgrade housing stock in this community. He is not happy with
crammed in homes with no sidewalks on narrow streets.
Ms. Heyden explained that this applicant was faced with the decision of whether to go through
the County process or come to the City. This property is in our Reserve Annexation Area. Even
if we enter into a Water Service Agreement with the applicant, he would have to come to us at
some point. Water service and annexation are done simultaneously. We wanted the applicant
to come through our process so that once the property is annexed, it meets our standards. To
entice the applicant to come to the City, we developed a proposal for the applicant to get
through our process in an expeditious manner. As part of that proposal, much negotiation took
place. The original plan was for 4,500 square foot lots. This parcel of land is very small
compared to other parcels within the Meadows. Staff was able to persuade the applicant to
increase the lot sizes to not less than 5,000 square feet. The applicant has made an effort to
comply with our housing goals while still maintaining a marketable project.
Ms. Heyden reminded the Commissioners that we now require all local streets to have
sidewalks on both sides. The applicant can meet all design requirements within a 40' right-of-
way. The only remaining issue is whether or not the variance process can be part of these
proceedings.
Mr. Perry advised that there were no letters of objection written from the surrounding
neighborhood. The applicant has made a significant effort and wants to meet all regulations to
the best of his ability. Although the applicant does not meet the minimal 6,000 square feet on all
lots, he averages 6,000 square feet. The land use intensity is less than any other development
in the surrounding area. Mr. Perry urged the Commission to grant approval of this petition.
11
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
Commissioner Bradley said he appreciates the applicant's efforts to comply. However, he has a
problem with the 40' street width.
Mr. Perry explained that the pavement meets all of the City's requirements. The applicant is
able to fit one sidewalk and will construct the other sidewalk by way of an easement. He
reminded the Commissioners that this street would be a private street.
Commissioner Bradley feels this is too much of a project on a small site.
Mr. Perry said the applicant could have gone to the County and gotten approval for 4,500
square foot lots with a 40' roadway and bulkheads instead of the cul-de-sacs. He feels the
applicant has made a real effort to work with the City.
Commissioner Jaskiewicz said she appreciates the efforts that were madeJ and she realizes
that if this project went through the County process and we annex this property at a later date,
we will have to deal with smaller lots than are currently being proposed. She concurs with staff
that the applicant made a sincere effort, and she is in favor of this project.
Commissioner Tillman expressed concem about the width of the roadway with respect to
emergency vehicles, and questioned whether the applicant could improve the buffer.
Mr. Perry said the proposed landscaping is in excess of City requirements. Mr. Bryan advised
that since the Ficus hedge is 20' wideJ nothing would be accomplished by constructing a berm.
The applicant proposes a Ficus hedge at grade. In addition, there will be trees not less than 30'
on centers. There are clusters of trees and Palms in addition to the trees on 30' centers. One
reason a decision was made not to do a berm was that there is a technical problem associated
with berms related to rear yard drainage. In addition, there is not enough space available to
include a 5' or 6' berm. However, the applicant can put in a 2' or 3' berm.
Vice Mayor Titcomb concurred with Commissioner BradleyJs feelings about house size and
street size. However, he appreciated the efforts made by the applicant to meet our Code
requirements, and realizes the benefit of annexation of the property at this time. He will support
this project.
Bulent Kastarlak, Director of Development. said that in considering this subdivision, it is
important to think about the final product. This plan has 2,600 square foot houses on each lot.
Even if a one-car garage were removed. a 2,000 square foot house would remain. ThereforeJ
there was no flexibility to design this project differently. He commended the designer of this
project. The size of the lots is compatible and he is comfortable with the project. He
recommends approval of this project.
Ms. Heyden advised that this applicant is the first applicant in three years who has not included
the buffer as part of the lot size. If this applicant did that, it would raise the lot size by 1,000
square feet.
Although Mayor Taylor still desires better housing stock for the City, based on the comments
made by Planning & Zoning, and the applicant's efforts to work with the City, he will support this
project.
12
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Motion
Commissioner Jaskiewicz moved to approve the request for annexation, the amendment of the
Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach County to Low
Density Residential, and to rezone the property from Agricultural Residential (AR) in Palm
Beach County to Planned Unit Development with a land use intensity of 4.0 (PUD with LUI=4.0)
to allow for 98 zero lot line, single-family homes, subject to staff comments. Commissioner
Tillman seconded the motion that carried 5-0.
Mr. Perry reported that he has a long history in the City of Boynton Beach. He complimented
staff and said this has been his best experience working with the City.
B. Project: Item #1 /" First Baptist Church of Boynton Beach (LUAE
/' 97-(02)
Item #2 Woolbright Place PUD Master Plan Modification
/(MPMD 97-(06)
Item #3 Woolbright Place PUD Land Use Amendment
(LUAE 97-(04)
Unruh-Smith & Associates
First Baptist Church of Boynton Beach, Boynton Beach I Ltd.
Partnership, and Boynton Beach II ltd. Partnership
Woolbright Place PUD (east and west sides of SW 8th Street, one-
quarter mile north of the intersection of SW 8th Street and
Woolbright Road
Description: Request to amend and rezone a 14.18 acre parcel within the
Woolbright Place PUD to change the existing approved use from a
church to a health care campus
Agent:
Owner:
Location:
Attorney Cherof administered the oath to all who would testify during these proceedings.
Ellen Smith. DeveloDment Planner with Unruh Smith & Associates. represented the
applicant. She thanked staff for their professionalism in keeping the applicant on track during
this Comprehensive Plan process. She further thanked the residents of Leisureville who met
with the applicant on Friday. In response to that meeting, the applicant revised the site plan.
Copies of those revisions were distributed to the Commissioners and are attached to the original
set of these minutes on file in the City Clerk's Office.
Ms. Smith referred to Page 3 of Planning & Zoning Division Memorandum No. 97-596 that
provides excerpts from the City's Comprehensive Plan. This. is a transitionalJ moderate-impact
site plan that will respect the neighbors. The project meets concurrency and will maintain the
character of the surrounding community. Adverse impacts on the natural environment will be
minimized. This project meets the first goal of the Comprehensive Plan.
With respect to infrastructure, this proposal will not change any of the water or sewer lines
currently in place. There will be no impact on the school system, park system, or drainage
system of the City. The Traffic Circulation Element requires the project to maintain Level of
Service C or better on daily and peak-hour conditions on roads such as SW 8th. Since
13
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
Woolbright Road is a County roadway, they set the Level of Service. This project is well within
the limits of the Traffic Circulation Element as it relates to all of the roads.
This project has been designed to be sensitive to the commercial activities and residential
community bordering it. The project has all of the characteristics of a mixed-use project, and is
appropriately located. The commercial portions of the project are quiet. There are day impacts,
but there is no noise, odor, or early or late hours. It is consistent with the character of the
surrounding area. Higher densities are not being proposed. This project will not change the
character of Lake Boynton Estates. Lake Boynton Estates is one-quarter mile north of this
project, across a five-acre preserve ana a 12-acre retention area that is permanent open space.
In addition, it is across a four-lane divided highway. The Vinings Apartment Complex is
adjacent to the residential portion of this proposed project. The Vinings is 16.8 units per acre.
There are 13 beds per acre in this proposed project.
The First Baptist Church purchased this property for their future church. When the church was
proposed, deed restrictions ran with the land and the surrounding area. Those restrictions
would not allow certain uses to be built within close proximity of the church. Those deed
restrictions have expired. and some of those uses have been developed. The church no longer
feels this location is appropriate for their use.
This project is compatible with the scale. It is across from the Shoppes of Woolbright. There
have been suggestions to develop this property as residential. The traffic vested for the church
is approximately 750 trips per day. This figure equates to 75 homes. Seventy-five homes on
14.8 acres would be a density of 1.9 units per acre. The applicant does not feel 2-units per acre
is logical on this property. If the applicant decided to develop a project similar to the Vinings. he
would be over the traffic proposed. In addition, it is felt that this location may not be appropriate
for residential since it is very close to commercial. Ms. Smith urged the Commission to support
this proposal.
Tambri Heyden, Planning & Zoning Director, advised that staff recommends denial of this
request for two reasons. The primary reason for denial is traffic and the increase in the number
of trips this project will generate beyond what is vested for this parcel.
Level of Service C is our adopted Level of Service. Southwest 8th Street is a local street. Palm
Beach County is not required to review it. nor do they have standards available for such a
review. Level of Service is lowered with the number of traffic lights and stop signs. Staff
concurs with the applicant about the daily trips. A count taken during peak indicated 6J374 daily
trips per day. Staff has reduced that number to an average of 6,102 daily trips. Staff used a
table that indicates that the threshold for Level of Service C for this road is 8,800. This project
will be over the threshold for Level of Service C by 432 average-trips per day.
The office building is the major traffic generator of this complex. It generates approximately
80% of the overall trips. It is a three-story building. If that portion of the project was reduced by
one floor, it will still be over the threshold for Level of Service C by approximately 125 average
daily trips.
The second reason for denial is we have seen an inundation of ACLFs and nursing homes over
the past year. Some of them have been approved and others have gone through a number of
14
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
time extensions. In reviewing the Comprehensive Plan, we have filled our demands for this use
in our area.
Ms. Smith explained that Level of Service C is a range, and everyone has a different way of
defining it. The City's Codes do not define Level of Service C. One of many definitions
available defines it as 8,800. The applicant's traffic engineer does not believe the level of traffic
for this project meets the City's Level of Service C considering the formula the applicant was
asked to use.
Rob Rennebaum, a registered Professional Engineer with Simmons & White Engineers,
has been performing traffic engineering for approximately 15 years. Eleven years have been
spent doing this job in Palm Beach County. Mr. Rennebaum is a member of the Palm Beach
County Access Management Task Team, serves on the Palm Beach County Traffic
Performance Appeals Board and is a member of the National Institute of Transportation.
In the original staff report prepared for the Planning & Development Board, the numbers
indicated that the applicant would be over the Level of Service. Staff has agreed with Mr.
Rennebaum's number of 6,100 trips. The staff report indicated the number staff felt was
approved but not built. Even though those trips are not on the road, staff felt they should be
considered. The applicant did consider those trips along with the trips associated with their
project. The applicant also considered the trips that would travel north on SW 8th. The original
report assigned 20% of the project trips north. When Mr. Rennebaum prepared his report, he
was conservative and assigned 40% of the project trips north. He also dealt with the number
that was approved, but is not built. Mr. Rennebaum was able to show that the applicant was
under the most conservative way of looking at Level of Service C (8,800).
The confusing issue involves the fact that Level of Service C is a range. County standards do
not apply. The applicant must use the FOOT statewide standards to establish Level of Service
C. This is based on number of signals per mile. Level of Service C is 15JOOO at 2 ~ signals per
mile. At 2 ~ to 4 ~ signals per mile, the figure is 8,800. Signalized intersections per mile are
figured by length link. It is one mile from Woolbright Road to Boynton Beach Boulevard. DOT
mandates that each signal at each end be counted as one-half of one signal. This amounts to a
total of one signal for this area. Therefore, the applicant is dealing with a link that is one mile
long with one signal (following DOT standards). Therefore, Level of Service C would be 15,000
in the one-mile range.
Staff indicated that the project was over Level of Service C by 432 trips. That figure is based on
2 ~ to 4 ~ signals per mile. That is not the appropriate table to use to analyze this link.
Although it appears clear that the table to be used should be 15,200, stop signs must be
considered. There are two stop signs on this link. Mr. Rennebaum stated that Level of Service
C for this road is somewhere in the range of 15,000 and 8,800. DOT does not have a Clear
table that includes calculations when stop signs are involved. Level of Service is based on
delay in travel times. Stop signs cause delay and reduce travel speeds and travel times.
However, they do not have the same effect as signals. Mr. Rennebaum feels staff
reinvestigated what is approved but not built and determined that amounts to 400 to 500 trips.
Mr. Rennebaum stated that he was very conservative in his calculations by using the worst table
that was available (8,800). In a worst-case scenario, Mr. Rennebaum's report indicates the
applicant would be a few trips lower. As an expert, Mr. Rennebaum does not believe this
project will cause SW 8th Street to go over Level of Service C.
15
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Bulent Kastarlak, Director of Development, feels the size of the medical building is equivalent to
a hospital. This facility alone is 67,000 square feet. This is not a neighborhood type of medical
facility. He does not feel this site plan is sensitive to the quality of the environment in this area.
In addition, he pointed out that the road narrows to two lanes just a few hundred yards north of
this project. This will present a traffic problem.
Mr. Rennebaum stated that his entire discussion was based on the two-lane roadway - not the
four-lane roadway to the south.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING.
Following is a list of people who spoke in opposition of the proposal. Their concerns focused on
the traffic that would impact their neighborhood.
Margy Lenhertz
Steven Scott
Gary Lenhertz
Neal Smith
Daryl Green
Robert Clark
Stanley Olsen
Howard Brown
Robert Hahn
Susan Hahn
Jose Aguila
Tom Mathis
619 SW 2nd Avenue
215 swath Street
619 SW 2nd Avenue
220 swath Street
645 SW 2nd Avenue
744 SW 1st Court
1 06 NW ath Street
732 West Ocean
746 West Ocean
746 West Ocean
aoo sw 15t Court
731 West Ocean
Ms. Ellen Alexander, 604 Canal Way, expressed concern about the three-story medical building
that was proposed.
Following is a list of people who spoke in favor of this project. They support the sale of this
property since they feel a church use is no longer appropriate in this location. Furthermore, they
wish to remain in the downtown area of Boynton Beach and be part of the revitalization of the
City.
Bud Meadows
Dave Edward
Dorothy Von
Gary Brandenburg
Cliff Melear
Ann We miss
Lee Wische*
200 SW 12th Avenue
1360 SW 27th Place
334 SW 11th Avenue
Law firm of Carlton Fields
312 SW 11th Avenue
6760 East View Drive, Lantana
1302 SW 1ath Street
*Mr. Wische submitted a letter of support from Clydu Heisinger, President of the Board of
Directors of Palm Beach Leisureville Community Association, Inc. The letter is attached to the
original set of these minutes on file in the City Clerk's Office.
16
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
Greg Kino, attorney with Boose, Casey & Ciklin, and representing Woolbright PCD and
Howard Scharlln, advised that the property owner has not breached the covenants. There was
a five-year time period that prohibited certain uses from being constructed. That time period
has expired. The only use that was inconsistent with the covenant was the drive-through. With
respect to traffic, Mr. Kino reminded the Commissioners that his client is vested for a certain
amount of trips and square footage. No further road improvements will be necessitated by his
applicant's projectsJ and his client will not provide funding for any road improvements that might
be necessary in the future if approval of this project results in the total amount of trips exceeding
the amount of vested trips.
Mr. Kino explained that the City has told his client he cannot exceed the amount of vested trips
for his project. The applicant has felt that would be possible if he could meet the adopted level
of Service on the roadways. The church is now doing that by going beyond 750. In the event
his client has a user that will exceed the vested trips, they will proceed under this same type of
scenario as long as they meet the level of Service. .
Mr. Kino's client is not opposed to the proposed uses. However, he does not expect the buyer
to object to any future retail or commercial type use his client proposes.
Mr. Kino was somewhat concerned that the applicant would withdraw from the cost of the
drainage maintenance. However, he realized that the applicant has agreed to remain within the
maintenance association and pay their fair' share of drainage. He requested that the
Commission consider this as a condition of approval of this project.
WITH NO ONE ELSE WISHING TO SPEAK, MAYOR TAYLOR CLOSED THE PUBLIC
HEARING.
Ms. Smith addressed some of the concerns mentioned by the residents.
· For the purpose of proceedingJ Ms. Smith agreed with staff on traffic level of Service and
definition. The applicant will accept 432 average daily trips which equals a reduction of
12,650 square feet off the medical building.
· The applicant feels this parcel is a good location for the ClF and an offer is imminently
expected if this proposal is approved by the Commission.
· The proposal is well beneath the lot coverage percentage allowed in this area. Only 28% of
the lot will be covered.
In response to Mayor Taylor, Ms. Smith said she did not agree to eliminate one story of the
medical facility because that would amount to 33,000 square feet. However, they will reduce
the square footage of the facility. .
Commissioner Jaskiewicz did not feel this particular project would cause the truck traffic
concerns expressed by the residents. The people who will be served at this ClF will probably
not be driving during peak hours. In addition, most medical facilities close by 5:00 p.m.
Commissioner Jaskiewicz likes the mix of uses proposed in this proj€ct, and the fact that time
frames will not coincide with traffic from The Home Depot. Commissioner Jaskiewicz suggested
that the applicant consider construction of a right-turn only out of the medical complex. This
would reduce the amount of traffic traveling north on SW 8th. She further recommends that staff
investigate solutions to the traffic problems in this area, perhaps by constructing a loop road
17
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
along Morton's Way. Commissioner Jaskiewicz agrees with staff that the medical office building
is not acceptable with respect to size. It should not exceed two stories. She would want a
commitment that if this project is approved, that it will be built on that property within a specified
period of time, or the zoning would revert back to its current zoning designation.
Vice Mayor Titcomb realized that the problem with this petition was the ongoing negative
impacts on the neighborhoods to the north. He recommended that staff investigate the
possibility of abandoning SW 8th Street past the conservation area up to Ocean Drive, and
dedicating it to a public park. By doing this, the traffic problem would be solved. In order for
Vice Mayor Titcomb to support this project, he would like the office building reduced to two
stories to guarantee the reduction of traffic trips. He feels this project is compatible with
surrounding uses. He requested that a solution be found to the traffic problem that will impact
the neighborhood to the north. If that problem is solved, he will support this petition.
Commissioner Bradley agreed that the traffic has increased a great deal since the road was
opened approximately one year ago. He requested that staff comment on Vice Mayor Titcomb's
suggestion to abandon the roadway.
Commissioner Tillman was in agreement with Vice Mayor Titcomb's remarks. In addition, he
feels the biggest issue is the size of the middle building. A reduction in the size of that building
would gain his support for the project. He also agreed that something must be done about the
traffic problem in this area. He pointed out that traffic would be generated regardless of the
project that is developed on this property. He will support this project with a reduced size
medical facility.
Mayor Taylor said he would not support abandoning a major road in this City because he does
not see that as a solution to the problem. While he understands that there are problems
because of increased traffic, he realizes those problems will be exacerbated as the remainder of
the property is developed. He suggested that the applicant consider funding speed humps on
SW 8th (right off Boynton Beach Boulevard) when construction commences. These speed
humps will deter people from using the roadway. He will support this petition if the medical
facility is reduced to two stories. He agreed that staff needs to look at ways to deter traffic off
SW 8th Street.
A new resident of the area recommended that Ocean Drive at SW 8th to Boynton Beach
Boulevard be changed to a one-way roadway to eliminate traffic in this area.
Ms. Smith agreed to reduce the number of stories of the medical facility to two. However, she
requested that the size be allowed within the allotted traffic capacity. That number is
approximately 54JOOO square feet which is a reduction fro"" the originally proposed 67,000
square feet. The applicant agrees to fund speed humps concurrent with issuance of CertifiCate
of Occupancy. The applicant has explored the possibility of having the medical facility closest to
Cracker Barrel. Although it would be less efficient than having it in the center of the site, the
applicant would be willing to move that facility.
David Cheer, Planner/Landscape Architect and President of Seminole Bay Land
Company, said the building was placed in the middle of the site because it is the major traffic
generator. It was important to keep the traffic close to the intersection. In addition, an effort
was made to save as many existing trees as possible on the site.
18
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
When Ms. Smith suggested this was a trade-off for the right-turn only lane, Mayor Taylor
advised that this would be addressed at site plan.
In Ms. Smith's opinion, the proposal is a good use of the property. However, it will come back to
the Commission if any other project is suggested in the future. She recommended that the
expiration of the Comprehensive Plan and rezoning request be tied to the life of the master plan.
Ms. Heyden explained that the life of the rezoning is 18 months. If it is not acted on within that
time periodJ it will revert to the original zoning.
Commissioner Bradley asked for residents' input with respect to the installation of speed humps.
Jose Aguila said he is not an expert on speed humps, and is not certain they are legal. He
supports the closing of the road to through-traffic. He reminded the Commissioners that if this
project is approved and the applicant exceeds the vested trips for the project, this would open
the door for other developers to require the same treatment.
Attorney Cherof pointed out that there were a number of issues discussed during these
proceedings that were not incorporated in the conditions of approval, the comments of staffJ or
comments of the Planning & Development Board. In addition, the applicant spoke of conditions
they are amenable to. A number of questions were posed, and staff should have an opportunity
to investigate and report back. Attorney Cherof recommended tabling this item to provide an
opportunity to review the record so that all conditions can be documented and staff can have the
opportunity to respond with respect to the issue of speed humps and road closure.
In response to Mayor Taylor, Mr. Kastarlak advised that staff would be ready to provide a
response with respect to the issues of speed humps and road closure within two weeks.
Ms. Heyden said clarification is needed with respect to the height of the medical facility. It was
her impression that the Commission wants the facility reduced in size to two stories. That would
result in the reduction of 33,000 square feet. However, the applicant's offer to reduce the
square footage equates to the number of trips they are over the threshold.
Ms. Smith advised that this would equate to the 432 average daily trips that staff says exceed
Level of Service C on SW 8lh and Ocean. A reduction in the building of 12,650 square feet will
achieve consistency with the CityJs Level of Service. That is what the applicant would like to
build at a two-story level.
Commissioner Bradley explained that the Level of Service is, still questionable. He requested
that the numbers be crunched to remove the entire third story while still keeping the same
footprint. That would amount to a reduction of 33,000 square feet.
Ms. Smith said that would more than exceed what is required by the Plan. Ms. Smith will
provide the traffic savings at the next meeting.
Mayor Taylor felt this discussion could take place when the applicant comes back at the next
meeting.
19
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Motion
Vice Mayor Titcomb moved to table this to the next meeting as per the City Attorney.
Commissioner Tillman seconded the motion that carried 5-0.
Mr. Aguila confirmed with Mayor Taylor that public input would be accepted at the next meeting
with respect to the findings - not to rehash everything that was discussed at this meeting.
Michael Morton, Woolbright Place development, said he is not opposed to approving this
project, but he would be vehemently opposed to the closure of swath Street. The shopping
center was planned dependent on the fact that the street goes from Woolbright Road to Boynton
Beach Boulevard. The City cannot usurp his right to use that street in order to put 2,000 more
trips on the road. He still has 157,000 square feet left to build. This proposed project is adding
67,000 square feet of retail that amounts to a 40% increase. There will be a lot more traffic on
swath Street that was planned for and approved. The City cannot close sw.ath Street.
Mayor Taylor said he tried to point out that fact earlier in the meeting. He reminded everyone
present that the next City Commission meeting would be on January 20, 199a.
MAYOR TAYLOR DECLARED A BRIEF RECESS AT 9:50 P.M. THE MEETING
RECONVENED AT 10:05 P.M.
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
Item B was addressed first while awaiting the return of the City Attorney.
B. Authorization to amend agreement for professional services with BryantJ Miller &
Olive
City Manager Willis advised that there is an increasing trend in the public sector to hire an
interest in Tallahassee to represent us while we go through the Legislative Sessions. Our
experience with the school was a shining example of something that we probably would not
have had any luck on without an extraordinary intervention effort in Tallahassee. Private sector
lobbying efforts with millions of dollars to spend on issues on behalf of special interest groups
are pushing every year for exemptions to governmental regulations and associated fees. These
items have a significant budgetary impact on municipalities that sometimes result in millions of
dollars in unfunded mandates.
The telecommunications industry is trying to exempt itself from governmental regulations over
siting of poles and related equipment in public rights-of-way and from the payment of associated
licensing fees. This legislation, if successfully passed, would directly result in an immediate loss
20
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
of revenue to the City in excess of $2 million upon passage. In addition, this is an immediate
loss of home rule control over land use issues that impact rights-of-way. Despite the lobbying
efforts of the Florida League of Cities to prevent the passage of unfunded mandates, we are
seeing more legislation passed every year. This year alone, there is a four to five page
summary of bills that are pending that will have an immediate adverse impact upon our ability to
regulate our land uses and keep from raising taxes by charging user fees to members of the
private sector that can easily afford them and add them in as a cost of doing business.
City Manager Willis recommends expanding the lobbying efforts of the firm of Bryant, Miller &
Olive. They are located in Tallahassee and they also represent the interests of the City of Boca
Raton. City Manager Willis feels this is an excellent investment in the City's future.
Motion
Commissioner Tillman moved that we retain the firm of Bryant, Miller & Olive. Vice Mayor
Titcomb seconded the motion.
Commissioner Bradley agrees that it is critical to have a lobbyist, and he voted in favor of
Bryant, Miller & Olive with respect to the education issue. This firm did a fine job lobbying for
the high school, and he feels they will do a good job for the City if they are selected.
Commissioner Bradley will not support hiring this firm because of the possibility of
misperception on the part of the constituents. He feels we must avoid the perception of conflict
of interest even if there appears to be no conflict, as in this situation.
Commissioner Jaskiewicz confirmed with City Manager Willis that this firm will continue to lobby
on behalf of the schools.
The motion carried 4-1. (Commissioner Bradley dissented.)
Discuss amendment of Code tl permit the Nuisance Abatement Board to impose
fines
Attorney Cherof advised that approximately one year agoJ one of the State courts passed a
ruling that "took the teeth our of the Nuisance Abatement Board's ability to order closures of
property. This was one of the key components of our Ordinance and one of the key powers
needed to stop activity characterized as a nuisance. There are additional powers and
procedures the Board can use that are not currently contained in the Ordinance.
A.
Attorney Cherof recommended that the Commission authorize him to bring back an Ordinance
at the next meeting to further define the role of the Nuisance Abatement Board.
Consensus
There was a consensus of the Commission that Attorney Cherof bring back an Ordinance at the
next meeting defining the roh~ of the Nuisance Abatement Board.
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
21
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
1. Proposed Ordinance No. 097-54 Re: Amending the future land use
map of the Comprehensive Plan from Low Density Residential to Public
and Govemmental/lnstitutional for Cedar Ridge PUD and High Ridge
Commerce Park PID, a 6.37 acre parcel
Attorney Cherof read Proposed Ordinance No. 097-54 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 097-54. Vice Mayor
Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
2. Proposed Ordinance No. 097-55 Re: Amending Ordinance 91-70
to rezone a certain 6.37 -acre tract of land from PUD (Planned Unit
Development) to R-1AA (Single-Family Residential) on the northeast
portion of the original plat of Cedar Ridge and amending the revised
zoning map accordingly
Attorney Cherof read Proposed Ordinance No. 097-55 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-55. Commissioner
Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote was
unanimous.
3. Proposed Ordinance No. 097-56 Re: Amending Chapter 24
MTaxicabs", by deleting sections 24-12J 24-14, and 24-15 in their entirety,
reserving said sections; amending section 24-13, requiring the submittal
of driving and criminal records of taxicab drivers and requiring vehicle
inspections
Attorney Cherof read Proposed Ordinance No. 097-56 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-56. Commissioner
Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
22
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
B. Ordinances - 1 sl Reading
Motion
Commissioner Tillman moved to remove Items B.1 and B.2 from the table. Commissioner
Bradley seconded the motion that carried 5-0.
1. Proposed Ordinance No. 097-52 Re: Submitting to referendum an
amendment of the City Charter abolishing the Civil Service system for all
new personnel hired after March 30, 1998; providing for form of question
to be presented at the referendum electionJ providing for title language
and explanatory language for advertisement of said referendum election
to be published in accordance with the Code of Ordinances, the Charter
of the City of Boynton Beach and the State of Florida Election Code, and
providing for submission of amendments to the Department of State
(TABLED FROM 12/02 CITY COMMISSION MEETING)
Attorney Cherof read Proposed Ordinance No. 097-52 by title only.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 097-52. Vice Mayor
Titcomb seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
In response to Commissioner Bradley, Attorney Cherof advised that the Personnel Policy
Manual would be completed for Commission review by the second reading of this Ordinance.
2. Proposed Ordinance No. 097-53 Re: Submitting to referendum an
amendment to the City Charter by deleting Sections 72.4, 72.5, 72.6,
72.7, 72.8, and 72.12 in their entirety J thereby sunsetting the Civil Service
BoardJ and directing the City Commission to provide an ordinance
providing for an administrative procedure for the processing of grievances
(TABLED FROM 12/16 CITY COMMISSION MEETING)
Attorney Cherof read Proposed Ordinance No. 097-53 by title only.
Motion
Commissioner Tillman moved to approve Proposed Ordinance No. 097-53. Commissioner
Jaskiewicz seconded the motion.
Commissioner Bradley recalled discussion about supplementing the word "abolish" for the word
"sunsetting" .
Mayor Taylor said there was a request by a citizen to change the Ordinance to say "abolisr. civil
service" instead of sunsetting it. That request was with respect to Proposed Ordinance No.
097 -52.
City Clerk Sue Kruse polted the vote. The vote was 4-1. (Commissioner Bradley dissented.)
23
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
Attorney Cherof advised that the Commission will be provided with a revised Section 5
simplifying the ballot language that will eliminate the first and third paragraphs currently shown.
This change will be made before second reading.
3. Proposed Ordinance No. 098-01 Re: Rescinding, in its entirety,
Ordinance No. 097-40 which submitted to referendum an amendment of
the Charter to delete in its entirety Article IV-A entitled Merit System for
Personnel and which was passed on August 5J 1997
Attorney Cherof read Proposed Ordinance No. 098-01 by title only.
Motion
Vice Mayor Titcomb moved to approve Proposed Ordinance No. 098-01. Commissioner
Tillman seconded the motion.
Commissioner Jaskiewicz requested clarification regarding why Ordinance No. 097-40 is being
rescinded.
Attorney Cherof explained that we will be providing an alternative question which leaves the
Civil Service System in tact for current employees. Ordinance No. 097-40 was the original
Ordinance that deleted it for everyone.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
4. Proposed Ordinance No. 098-02 Re: Amending Chapter 18,
Section 18-82(2) of Ordinance No. 96-04 regarding repayment of
withdrawn contributions following reemployment by the City
Attorney Cherof read Proposed Ordinance No. 098-02 by title only.
Motion
Commissioner Bradley moved to approve Proposed Ordinance No. 098-02. Commissioner
Tillman seconded the motion.
Attorney Cherof advised that there is a one-year limit for the repayment of withdrawn
contributions.
City Clerk Sue Kruse polled the vote. The vote was unanimous:
5. Proposed Ordinance No. 098-03 Re: Amending Chapter 21 of the
Land Development Regulations, Signs, by amending Article II,
"Variances/Exemptions and Prohibitions", Section 3.H.
Attorney Cherof read Proposed Ordinance No. 098-03 by title only.
24
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6, 1998
Motion
Vice Mayor Titcomb moved to approve Proposed Ordinance No. 098-03. Commissioner
Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous.
6. Proposed Ordinance No. 098-04 Re: Amending Chapter 1 of the
Land Development RegulationsJ Article II Definitions, providing for
revision to the definition of roof sign and the creation of a definition of
parapet sign
Attorney Cherof read Proposed Ordinance No. 098-04 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 098-04. Commissioner
Tillman seconded the motion. City Clerk Sue Kruse polled the vote. Tl"jt1 vote was unanimous.
C. Resolutions:
1. Proposed Resolution No. R98-06 Re: Development Projects Design
Award Recognition Program
Attorney Cherof read Proposed Resolution No. R98-06 by title only.
Motion
Commissioner Bradley moved to approve Proposed Resolution R98-06. Commissioner
Jaskiewicz seconded the motion that carried unanimously.
2. Proposed Resolution No. R98-07 Re: Authorizing and directing the
Mayor and City Clerk to execute an addendum to the lease agreement
between the City of Boynton Beach, Florida, and Kenneth Welch for the
Lease of the Bait Shop at Boat Club Park, consenting to assignment of
the lease from Kenneth Welch to Tim and Monica Barranco
Attorney Cherof read Proposed Resolution No. R98-07 by title only.
Motion
Commissioner Jaskiewicz moved to approve Proposed Resolution R98-07. Commissioner
Bradley seconded the motion that carried unanimously.
D. Other:
1. Finalize Ballot Questions
25
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
JANUARY 6,1998
Attorney Cherof advised that because of the deadlines imposed by the Supervisor of Elections
and requirements for advertising, the next meeting will be the last opportunity to make any
changes to the ballot questions.
There has been a suggestion that the ballot question that deals with the terms of office be
changed to state that the terms of office of an elected officer would not be limited, as opposed
to stating "would be unlimited".
Commissioner Jaskiewicz requested that the last sentence become the first sentence of the
paragraph. It would read as follows:
liThe length of each term would remain the same - two years. The number
of terms an elected officer could hold would not be limited. "
The Supervisor of Elections' deadline is February 13th. There is a requirement that the
language be published five weeks before the election (the week that ends on Friday,
February 6th). First reading will be on January 20th, and second reading will be on
February 3rt!. We will meet both deadlines. However, that is the last opportunity we will
have.
XII. UNFINISHED BUSINESS:
A. Report on Speed Humps - Larry Roberts - Public Works Director
This item was addressed under Item V-City Manager's Report.
XIII. OTHER:
Vice Mayor Titcomb requested that we explore the issue of the City retaining or gaining
capability for traffic engineering in-house.
City Manager Willis advised that she is adding an element in the reorganization plan. That plan
will be presented at the January 20th City Commission meeting.
XIV. ADJOURNMENT:
There being no further business to come before the City Commission, the meeting properly
adjourned at 10:30 p.m.
26
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
ATTEST:
~""'.r:.49c:: ~ ~ MI! ~
Ci Clerk
~ ~. P~:in
uty City Clerk
ive Tapes)
j:\shrdata\cc\wplminutes\comm\0106.doc
1/12/988:25 AM
JANUARY 6,1998
CITY OF BOYNTON BEACH
, '\
JLJ';fj 0-~~<c )
~ner ~
~ /~
ommissioner
~~~~
Commissioner
~
27
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN
COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON
TUESDAY, JANUARY 27,1998, AT 7:00 P.M.
PRESENT
Lee Wische, Chairman
Jim Reed, Vice Chairman
Stan Dubs
Pat Frazier
Mike Friedland
Maurice Rosenstock
Steve Myott, Alternate
Tambri Heyden, Planning and Zoning
Director
Bulent Kastarlak, Development Director
Michael Pawelczyk, Assistant City
Attorney
ABSENT
Joss Aguila
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:05 p.m. The Pledge of Allegiance to
the Flag was recited.
2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS
Chairman Wische introduced the members of the board, Attorney Pawelczyk, and the
Recording Secretary, and acknowledged the presence of Commissioner Shirley
Jaskiewicz and Vice Mayor Jamie Titcomb in the audience.
3. AGENDA APPROVAL
No additions, deletions, or corrections were made to the agenda.
Motion
Mr. Dubs moved to approve the agenda as submitted. Mr. Myott seconded the motion,
which carried unanimously.
4. APPROVAL OF MINUTES
No additions, deletions, or corrections were made to the minutes of the last meeting.
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
Motion
Mr. Dube moved to approve the minutes of the January 13, 1998 meeting as submitted.
Mr. Friedland seconded the motion, which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
Final City Commission Disposition of the December 22, 1997
Planning and Development Board meeting agenda items
Ms. Heyden reported the following:
.:. Text amendment to the sign code pertaining to roof signs - approved on
second reading J.J.yI'.; '.' '~-:".: ec,"", I"'f' Vl\.-S
.:. Zoning Code Variance - Four Steel Communication Tower for setbacks and
landscaping - approved
.:. Land Use Amendment/Rezoning - Foster Property - approved for transmittal
to the Department of Community Affairs (hereinafter referred to as "DCA")
.:. Woolbright Place PUD - Master Plan Modification, Land Use Amendment,
and Rezoning/Land Use Amendment - approved for transmittal to the DCA
.:. Utility Easement Amendment - Woolbright Twin Medical Plaza - approved
.:. School Siting Amendment to the Comprehensive Plan (required by State
Law) - this has been put on hold
B. Quarterly Report for Site Plan Waivers and Minor Site Plan
Modifications
This report was provided to the members of the board.
6. OLD BUSINESS
None.
2
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
7. NEW BUSINESS
A. Public Hearing
Conditional Use
1.
Project:
Agent:
Owner:
Location:
Description:
Four Steel Communication Tower
Marda Zimring
Michael C. Desimone and Paul D. DeGrugillier
Approximately 275 feet south of Ocean Avenue
and west of 1-95
Request for conditional use approval to erect a
140 foot telecommunications tower on a vacant
lot.
Ms. Zimring agreed to all the staff conditions.
At this time, Attorney Pawelczyk swore in all those who planned to testify on any item
on the agenda this evening. He reminded everyone that each of the items on the
agenda this evening will be placed on the Consent Agenda for the City Commission
meeting. Therefore, this is the only opportunity to present all the evidence and
testimony, etc. because the Commission is under no obligation to pull these items off
the Consent Agenda.
Chairman Wische opened the public hearing; howeverJ no one in the audience wished
to address this item.
Mr. Myott stated that in the text and at a previous meeting, the tower was represented
as 141 or 143 feet. However, on the plan it shows it as 161 feet. Ms. Zimring advised
that it is going to be limited to 140 feet and the plan submitted for building permits will
reflect that.
Mr. Myott inquired about the diameter of the pole. A gentleman in the audience
advised that it is approximately 42 inches at the base and 12 to 15 inches at the top.
Ms. Heyden advised that the applicant meets all the criteria for conditional use approval
and she recommended approval of this request.
3
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
As previously discussed at another meeting, Mr. Kastarlak was interested in an auxiliary
use of this tower for other purposes. Ms. Zimring advised that the engineers were
present and they could speak to Mr. Kastarlak about this after the meeting.
Motion
Mr. Dubs moved to approve the request for conditional use approval to erect a 140 foot
telecommunications tower on a vacant lot for Four Steel Communications, submit to
staff comments. Vice Chairman Reed seconded the motion, which carried
unanimously.
B. Subdivision
Master Plan Modification
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Commerce Center Planned
Industrial Development (PID)
Alan Gainsborg
Boynton Commercenter, Limited Partnership
Corporate Drive
Request for modification of the previously
approved PID master plan to combine parcels
3A, 3B and 3C and replace the four planned
office buildings, totaling 429,600 square feet,
with four warehouse/manufacturing/office
operation centers, totaling 134,259 square feet
and two future buildings totaling 72,420 square
feet.
With regard to the master plan modification, Mr. Gainsborg agreed to all of staffs
recommendations. However, he pointed out that the square footages in the
recommendations are inaccurate based on some inaccurate data that was given to
staff. The total project will be 206,460 square feet. With regard to Phase 1 of the
project (Buildings A, BJ C and D), the square footages on the site plan as submitted
were incorrect. Building A is 24,481 square feet. Building B is 43,225 square feet.
Building C as shown on the plan is 32,279 square feet, and Building 0 is 43,239 square
feet. Phase 2 of the project (Buildings E and F) will total 63,236 square feet.
4
MINUTES
PLANNING AND DEVELOPMENT BOARD MEET!NG
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
Mr. Myott asked if this affects any of the comments. Ms. Heyden stated that she spelled
out the square footage for each building in comment 36; however, she will make those
adjustments.
Mr. Myott asked if the parking requirements would still be met and Ms. Heyden
answered affirmatively.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Mr. Myott inquired about the elevation scheme and the wave. Mr. Gainsborg advised
that it is an adaptation of a park that was recently rehabbed in Broward County. He
combined the raised stucco band wave with the freestanding panel elevation.
Mr. Myott asked if the proposed color is the same color as the bands on the existing
building. Mr. Gainsborg advised that there is a different color scheme. The three
existing buildings will be repainted and other aesthetic work will be done to bring them
into concert.
Motion
Vice Chairman Reed moved to approve the request for modification of the previously
approved PIO master plan to combine parcels 3A, 3B and 3C and replace the four
planned office buildings with four warehouse/manufacturing/office operation centers and
two future buildings, subject to staff comments. The total square footages of these
buildings was corrected by Mr. Gainsborg as stated in these minutes. Mr. Dube
seconded the motion, which carried unanimously.
C. Site Plans
New Site Plan
1.
Project:
Boynton Commerce Center, Operations
Centers "A", "B" and "C"
Alan Gainsborg
Boynton Commercenter, Limited Partnership
Corporate Drive
Request for site plan approval to construct four
warehouse/office/industrial buildings on parcels
Agent:
Owner:
Location:
Description:
5
MINUTES
PLANNING AND DEVELOPMENT BOARD MEET!NG
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
3A, 3B and 3C (4.61 acres) of the Boynton
Commerce Center PID.
Mr. Gainsborg agreed to all staff comments, with the exception of comment 36. He
advised that the correct square footages are as follows:
Building A
Building B
Building C
Building D
24,481 square feet
43,225 square feet
32,297 square feet
43,239 square feet
Comment 39 requests a Unity of Title on the four existing buildings. However, Boynton
Commercenter only owns three of those buildings. ThereforeJ he agreed to provide a
Unity of Title with parcels 3D, E and F, but not 3G. Ms. Heyden confirmed that this was
an error and that Mr. Gainsborg was correct.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Mr. Dube requested that Cypress Mulch not be used and Mr. Gainsborg agreed.
Motion
Mr. Dube moved to approve the request for site plan approval to construct four
warehouse/office/industrial buildings on parcels 3A, 3B and 3C (4.61 acres) of the
Boynton Commerce Center PID, subject to staff comments and the following:
.:. Comment 23 - that no Cypress mulch be used;
.:. Comment 36 - replace the square footages as corrected by Mr. Gainsborg;
and
.:. Comment 39 - Unity of Title be given on all but 3G.
Mr. Myott seconded the motion, which carried unanimously.
6
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
B. Subdivision
Master Plan Modification
2.
Project:
Shoppes of Woolbright Planned
Commercial District (PCD)
Susan Prillaman
Howard Scharlin, Trustee
clo Michael Morton
East and west sides of S.W. 8th Street, north of
Woolbright Road
Request for modification of the previously
approved master plan to move the north
property line between Home Depot and the
undeveloped property to the north 40 feet north
and to subdivide the undeveloped property and
vested square footage into a 3.99 acre parcel
with 49,106 square feet of retail and a 10.626
acre with 108,004 square feet of retail. (If item
8.2 approved, proceed to item C.2.)
Agent:
Owner:
Location:
Description:
John Shem, Real Estate Manager for the Expo Division of the Home Depot in Atlanta
Georgia, referred to comment 3 and did not believe platting is required because after
the purchase and redistribution of the property, the resultant properties will only result in
two parcels. He displayed a drawing of the overall master plan to clarify this point.
Ms. Heyden still felt platting is required. Mr. Myott asked if it is a plat or a replat. Ms.
Heyden advised that it is a replat.
Mr. Shem reiterated that if the property resultant is two parcels or less, platting is
generally waived or required to be waived. He stated that platting would be a severe
time imposition on the ability to go forward with this development.
It was Mr. Kastarlak's understanding that this particular review was to be conducted
from the very beginning under the PCD rules and regulations and review procedures.
This was made very clear to the owners and potential users because if it was not a PCD
and was something else, like a subdivision, there would have been a different type of
review. In the future, if there is a change from PCD to some other form of development,
7
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27, 1998
the review in front of the board this evening would not be valid and another review
would have to be done at that time.
Mr. Shern advised that this PCD is not being subdivided. He referred to the overall
master plan that he displayed and stated that if the yellow portion is further subdivided
and the result is three or more parcels, then it would have to be replatted. However, at
the present time, there are only two parcels.
Mr. Kastarlak stated that if the area designated yellow is subdivided in the future, it will
no longer be a PCD. The area designated yellow will be extracted from the PCD and
the PCD will no longer exist. This applicant will have two lots separated by the area
designated yellow. He reiterated that whatever we do should be for the whole PCD.
The area designated yellow is not owned by Home Depot.
Mr. Shern did not know if this applicant can be held accountable for what might happen
or not happen in the future. He stated that the applicant is entering into a transaction
that will take a piece of property owned by one owner and create two parcels out of it.
He believes this is consistent and conforms to the policies and regulations of the City.
He did not believe that those policies or regulations require platting in this circumstance.
What may happen in the future to the applicant's parcel or the remaining parcel would
have to come back to staff and the City for the appropriate determination of action. He
did not believe that this particular action at this particular time triggers that requirement.
Mr. Rosenstock was concerned about what would happen if this site plan is approved
this evening and the corporate owner of this property comes back again. He wondered
if we are foreclosed from taking any action on the parcel designated in yellow in the
future.
Mr. Shern pointed out that whatever happens to that property in the future has to
conform to the rules and regulations of the City. He stated that there was a suggestion
that this applicant buy the rest of the property. Mr. Kastarlak commented that that
would be wonderful. Mr. Shern found that outrageous. He stated that he wants to buy
a piece of property in Boynton Beach to conduct his busi'ness and knows exactly what
he needs to conduct his business. He objected to buying more property and planning
somebody else' piece of property. He has prepared his master plan consistent with his
building and consistent with the business he intends to conduct there. He did not know
why they were made to suffer the additional time necessary to go through the replatting
process when it does not seem to be consistent with any of the rules or policies of the
8
MINUTES
PLANNING AND OEVElOPMENr BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
City of Boynton Beach. He is trying to open a business by a date certain in October
1998.
Mr. Myott asked why this would affect the PCD designation and if PCDs can be
adjacent to each other. Mr. Kastarlak advised that this property can be turned into two
PCDs. However, they would have to operate on their own independent criteria.
Attorney Pawelczyk would like to look into the replatting issue further.
Mike Cavelli, a Certified Planner with Caulfield and Wheeler, stated that the PCD is a
zoning designation of the property. When you go through the PCD process, you
establish various criteria by which you are going to evaluate this site in terms of
setbacks, parking, and all the development standards. You get some buffering
requirements that under conventional zoning you normally would not have. You custom
build an ordinance for a particular piece of property in a particular area that gives you
some latitude in terms of how that property is developed if it does not quite fit into a
conventional zoning type situation.
The subdivision regulations deal with platting, not the PCD. The PCD is merely a
development tool by which you establish criteria to do a review. If that piece of property
needs to be platted, then you follow the platting regulations in terms of what has to be
on that document, how that document is prepared and presented, and what is reviewed.
The only thing you are going to affect in the PCD by doing a plat is if there are any
minimum lot size requirements, access requirements, specific drainage requirements, or
any other requirements that are part of the regulation of the zoning. The plat is merely a
recordation of a graphic representation of a legal description.
If somebody wants to develop only a section of the yellow area, they would have to
replat showing the number of parcels that are created in the yellow area. This does not
affect whether it is reviewed under a conventional zoning or a PCD zoning. No
application is filed to change the zoning. The issue of not knowing what is going to take
place there does not have any bearing on the PCD. Under the definition of subdivision
regulations, if it needs a plat, it is reviewed in terms of the State Statute requirements
and the City Code requirements in terms of the information that has to be on that plat.
That does not change the zoning. You still have the latitude to review that under the
standards of the PCD.
Mr. Kastarlak stated that it is not so much a question of knowing what is going to
happen in the future. He pointed out that if there are separate guidelines for each one
9
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
of the parcels, there is no PCD. He was trying to preserve the unity of this entire
complex as one PCD.
Attorney Pawelczyk questioned if each parcel is reviewed under the PCD guidelines
and has to conform to those guidelines and if staff reviews those guidelines to assure
that they are in conformance with the zoning requirements. Mr. Kastarlak said they all
have to be under the one guideline established for this PCD.
Mr. Morton, one of the owners under the Howard Scharlin Trustee Agreement, gave a
brief history of the platting of this property. Mr. Kastarlak stated that platting is not the
issue. If the master plan is going to be changed every time a parcel comes into play, it
loses its meaning. The PCD is based on the master plan. The two of them go together.
If the master plan is modified every time someone comes in, then the rules of the PCD
are also being modified.
Mr. Shern was in favor of the City Attorney's Office reviewing the necessity of replatting
under these circumstances. If there is an obligation to replat, he agreed to do so.
However, he did not want to be required to replat purely because he is asking for a
master plan modification.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Motion
Mr. Dubs moved to approve the request for modification of the previously approved
master plan to move the north property line between Home Depot and the undeveloped
property to the north 40 feet north and to subdivide the undeveloped property and
vested square footage into a 3.99 acre parcel with 48,106 square feet of retail and a
10.626 acre with 108,004 square feet of retail, subject to staff comments and subject to
review of the necessity for comment 3 by the City Attorney's Office and staff. Vice
Chairman Reed seconded the motion, which carried unanimously.
C. Site Plans
New Site Plan
2.
Project:
Shoppes of Woolbright - Home Depot Expo
Design Center
10
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
Agent:
Owner:
Description:
Susan Prillaman
Howard Scharlin, Trustee
clo Michael Morton
Southwest corner of unimproved Purple Heart
Way and the CSX railroad.
Request to construct 108,004 square feet of
retail space on 10.626 acres within the
Shoppes of Woolbright PCD.
Location:
Mr. Shern stated that staff has been very helpful, cooperative, and responsive. With
regard to comment 16, he stated that the agreements between Mr. Morton and the City
are silent on the issue of the streetlights. It is his understanding that streetlights are
under a master agreement with FPL and are not the responsibility of the developer.
Ms. Heyden did not verify whether or not the agreement referred to in comment 16
addresses streetlights. However, whenever a street extension is required, the
streetlights are required to be put in. The developer makes those arrangements, FPL
puts in the lights, and the City then pays for the energy and maintaining them in
perpetu ity.
Mr. Shern addressed comments 20 and 27 and stated that he attempted to include a
sign package which is a compromise from the agreement between Mr. Morton and the
City. The current situation allows for two signs to exist. He suggested eliminating one
of the signs and having a sign of the proportions noted in item 20. This sign would carry
all of the major tenants of the PCD and there would be no requirement for the second
sign currently allowed.
Chairman Wische inquired about the size of the proposed sign. Mr. Shern advised that
the existing sign is about 8'7" wide and 30' tall. The proposed sign is 10' wide and 30'
tall. The existing sign is about 160' from the pavement. He found that there is no
proportional adjustment for distance from the road for signage. In the agreement, there
is an additional sign that falls into this location. This eliminates the allowance for this
additional sign and incorporates the Home Depot, the Expo, and the major tenants of
the PCD onto a monument sign 30' tall and 10' wide. With its base, the calculation
comes to 270' of signage. The alternative is to keep the existing sign, which is about
the same size, and add the additional sign elements to the second sign. However, he
found this architecturally distracting. The purpose of the sign is to eliminate confusion
for people on this road before they have to make a decision. He wanted to combine all
11
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
the information one would need to one location on a sign that is readable from the
street.
Mr. Shern requested permission to use the Expo national logo letter colors on the sign.
Of the four letters in the word, "Expo", two of the colors probably conform and two of
them probably do not. Expo is a unit of Home Depot that is about to be rolled out
nationally to the tune of 200 stores. Boynton Beach has been selected for the third of
the true prototypes. This will be the subject of national advertising and national
exposure. It is very critical that the applicant be able to combine the advertising with the
signage and the store displays to provide for consistency.
Mr. Myott pointed out that the other three tenants could request that the colors of their
logo signs be allowed also. Mr. Shern stated that they would have to go through the
process and be reviewed.
Mr. Rosenstock questioned staff about the size of the sign. Ms. Heyden advised that
that existing sign is nonconforming. It falls under the amortization clause and would
have to be replaced in 1999. The sign would have to conform to a 10 foot setback, 160
square feet in size, and no taller than 20 feet.
Mr. Rosenstock felt the only reason the applicant wants the sign to be 10' x 30' is for
advertising purposes. Mr. Shern pointed out that the sign has to be read from over 160
feet, or 50 yards from the traveling surface. Mr. Shern was willing to put in the two
signs instead; however, he did not think that would be in the best interest of what the
City is trying to accomplish. He was offering an alternative which amounts to less
square footage and less signage.
Attorney Pawelczyk advised that the applicant would have to apply for a sign variance.
In addition, in general, settlement agreements must be amended by the Court. Mr.
Shern withdrew his objection to comment 20.
Mr. Shern referred to comment 24 and pointed out that this property is under easement
to the Florida Department of Transportation and he did not know if he had the right to
modify the vegetation on their easement. He expressed the same concem with
comment 25.
Mr. Rosenstock was disappointed with the way Home Depot has landscaped its
property. He suggested that the corporate officers or the people responsible look upon
12
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
their community responsibility regarding landscaping and see what they can do to
improve it.
Ms. Heyden advised that Royal blue was contained in the original sign program.
Nothing else in that center is Royal blue, so we are going to lose one color.
She advised that we have been having some difficulty with Home Depot in getting them
to maintain their landscaping in the rear of their building. The City Forester has worked
on getting Home Depot to comply with their section of the buffer; therefore, this
applicant should not have any problems meeting comments 24 and 25. Mr. Shern
reiterated that he was not sure he had the right to do this. As long as he is able to do it,
he will.
Mr. Myott referred to comment 27 and asked if the approved sign program could be
amended to include violet, pea-green, and two other colors that may not have been
used to date. He felt the Expo logo and the elevations of the building were attractive.
Ms. Heyden advised that Royal blue is the only color that is not currently being used.
She just wanted to bring to the board's attention that additional colors are being added.
There are now 12 colors. Mr. Morton advised that Royal blue will no longer be a color in
the program.
Discussion ensued regarding the size of signs. Ms. Heyden and Attorney Pawelczyk
explained that all nonconforming signs have to comply by December 31, 1999.
Therefore, any sign larger than 160 square feet will have to be taken down.
Mr. Dube referred to comment 28 regarding roof top equipment and commented that the
Home Depot rooftop can be seen from 1-95 and Woolbright Road and it is a mess.
Chairman Wische opened the public hearing; however, no one in the audience wished
to address this item.
Motion
Mr. Myott moved to approve the new site plan for the Home Depot Expo Center as
submitted, subject to staff comments in the supplemental handout at the meeting
tonight. Vice Chairman Reed seconded the motion.
Ms. Heyden asked if the Board wanted to delete comment 27 and allow the green and
violet colors. Mr. Myott added the following to the motion: That we include the green
13
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
JANUARY 27,1998
and violet as submitted on the sign drawings to be included in the sign criteria for the
development. He withdrew comment 27 in the handout. Vice Chairman Reed agreed
to the change to the motion.
The motion carried unanimously.
8. OTHER
None.
9. COMMENTS BY MEMBERS
None.
10. ADJOURNMENT
There being no further business to come before the board, Mr. Rosenstock moved to
adjourn the meeting at 8:43 p.m. Ms. Frazier seconded the motion, which carried
unanimously.
(; ,.. . /1 / /
G..,. ~j./
.,~ .
Eve Eubanks
Recording Secretary
(Two Tapes)
14
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a
Legal Notice or Legal Advertisement published and must be submitted to the
Office of the City Attorney two working days prior to the newspaper's ad
submittal deadline (identical add used prior to DCA review).
ORIGINATOR: PlanninQ and Zoning
PREPARED BY: Michael Rumpf
DATE PREPARED: June 26. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Foster Property Land Use Amendment
and RezoninQ. Final processing (adoption) followinQ review by DCA.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Border, etc.)
Standard LeQal Ad for City Commission meetinQ of July 21.1998 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper. applicant and PlanninQ and ZoninQ
Director.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: July 21. 1998
LAST DATE TO FAX TO NEWSPAPER: July 2.1998
APPROVED BY:
(1) fi.- 6 -pC ~~
(Originator) 7
r:;~'7~? Y
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J :\SHRDA T A \Planning\SHA RED\WP\PROJECTS\Foster Property\LUAR\legalnot-72198.doc
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, July 21, 1998 at 7:00
p.m. or as soon thereafter as the agenda permits, to consider the request described
herein and submitted by Julian Bryan of Julian Bryan and Associates, Inc., agent on
behalf of Roland E. and Ceila M. Foster of Lantana, Florida, property owners, regarding
a total of 23.4 acres located north of Minor Road between Lawrence Road and
Congress Avenue.
FOSTER PROPERTY PUD
ANNEXATION. LAND USE AMENDMENT AND REZONiNG
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm
Beach County to Low Density Residential, and to rezone the property from Agricultural
Residential (AR) in Palm Beach County to PUD (Planned Unit Development) to allow
for the ultimate development of 98 zero lot line, single family homes.
LEGAL DESCRIPTION:
The West 2/3 of the South 'Y-t of the East % of the Northeast 'Y-t of the Southwest 'Y-t and
the West 2/3 of the East % of the Southeast 'Y-t of the Southwest 'Y-t of Section 7,
Township 45 South, Range 43 East; said lands situate, lying and being in Palm Beach
County, Florida, LESS the South 40 feet thereof.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard. Any person who decides to appeal any decision of the Planning and
Development Board and/or City Commission with respect to the matter considered at
these meetings will need a record of the proceedings and for such purpose may need
to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Palm Beach Post
July 6, 1998
~ riCE OF PUBLIC HEARING
NOTICE OF LAND USE CHANGE
NOTIC[! OF ZONING CHANGE
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY
OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, on Monday,
December 22, 1997 at 7:00 p.m. to consider the request described herein and
submitted by Julian Bryan of Julian Bryan and Associates, Inc., agent on behalf of
Roland E. and Ceila M. Foster of Lantana, Florida, property owners, regarding a total of
23.4 acres located north of Minor Road between Lawrence Road and Congress
Avenue.
This request will also be considered by the City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, on Tuesday, January 6, 1998 at 7:00 p.m., or as soon
thereafter as the agenda permits at the CITY HALL COMMISSION CHAMBERS.
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm
Beach County to Low Density Residential, and to rezone the property from Agricultural
Residential (AR) in Palm Beach County to PUD (Planned Unit Development) to allow
for the ultimate development of 98 zero lot line, single family homes.
LEGAL DESCRIPTION:
The West 2/3 of the South 'Y-t of the East % of the Northeast % of the Southwest 'Y-t and
the West 2/3 of the East % of the Southeast 'Y-t of the Southwest % of Section 7,
Township 45 South, Range 43 East; said lands situate, lying and being in Palm Beach
County, Florida, LESS the South 40 feet thereof.
All interested parties are notified to appear at said hearing in person or by attorney and
be heard. Any person who decides to appeal any decision of the Planning and
Development Board and/or City Commission with respect to the matter considered at
these meetings will need a record of the proceedings and for such purpose may need
to .ensure that a verbatim record of the proceedings is made, which record includes the
testimollY and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Palm Beach Post
:'!! December 12, 1997
December 22, 1997
J:ISHRDA T A IPlanningISHARED\WPIPROJECTSIFoster PropertyILUAR\legalnot.doc
,'.! I
-..:
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97 -584
FROM:
Sue Kruse
City Clerk
Tambri J. Heyden, AICP .fjIJ
Planning and Zoning Director
TO:
DATE:
December 2, 1997
RE:
Foster Property PUD
Land Use Element Amendment and Rezoning (LUAR 97-003)
Accompanying this memorandum you will find a copy of the application
submitted for the above-referenced project.
A legal advertisement for same has been prepared for the December 22, 1997
Planning and Development Board Public Hearing and the January 6, 1998 City
Commission Public Hearing, and will be forwarded to your office after review by
the City Attorney. Property owners notices were mailed on November 21, 1997.
Outstanding technical issues related to the other applications being concurrently
processed caused this mailing to be prepared at the last minute; therefore, we
stuffed and labeled the envelopes for you to ensure that our 30-day notice
requirement was met. Please let me know if I can be of further assistance.
T JH:bme
xc: Central File
Attachments
J:\S HRDA T A \Plannlng\SHARED\WP\PROJECTS\Foster Property\LUAR\legalnot.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a
Legal Notice or Legal Advertisement published and must be submitted to the
Office of the City Attorney two working days prior to the newspaper's ad
submittal deadline.
ORIGINATOR: Planning and Zoning
PREPARED BY: Michael Rumpf DATE PREPARED: Decemer 2.1997
BRIEF DESCRIPTION OF NOTICE OR AD: Foster Property PUD Land Use
Amendment and Rezoning
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Border, etc.)
Standard LeQal Ad for Large-scale Amendment for PlanninQ and Development
Board meeting on December 22, 1997 at 7:00 p.m. and City Commission meetinQ
of January 6. 1998 at 7:00 p.m. Ad must not be less than 2 columns wide and 10
inches 10nQ in a standard size newspaper: headline must not be less than 18
point: the ad must not be placed in those sections containinQ leQal notices and
classifieds: if map is reduced, the Quality and resolution must be maintained.
SEND COPIES OF AD TO: Newspaper (December 10, 1997). applicant and
Planning and Zoning Director.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: December 12. 1997 and December 22. 1997
LAST DATE TO FAX TO NEWSPAPER: December 10,1997
APPROVED BY:
(1) -d~;ti:lJl&'~
(Originator) /)
. IJft? 7
/..) l'
(Date) I
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J :\SHRDA T A \Plannlng\SHARED\WP\PROJECTS\Foster Property\LUAR\legalnot.doc
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
NOTICE OF PUBIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF
BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Monday, December 22, 1997 at 7:00
p.m. to consider the request described herein and submitted by Julian Bryan of Julian Bryan
and Associates, Inc., agent on behalf of Roland E. and Ceila M. Foster of Lantana, Florida,
property owners, regarding a total of 23.4 acres located north of Minor Road between Lawrence
Road and Congress Avenue.
This request will also be considered by the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, on Tuesday, January 6, 1998 at 7:00 p.m., or as soon thereafter as the
agenda permits at the CITY HALL COMMISSION CHAMBERS.
I
1
f
1
:.
FOSTER PROPERTY PUD
ANNEXATION, LAND USE AMENDMENT AND REZONING
NATURE OF REQUEST:
To amend the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach
County to Low Density Residential, and to rezone the property from Agricultural Residential
(AR) in Palm Beach County to PUD (Planned Unit Development) to allow for the ultimate
development of 98 zero lot line, single family homes.
LEGAL DESCRIPTION:
The West 2/3 of the South % of the East % of the Northeast % of the Southwest % and the
West 2/3 of the East % of the Southeast % of the Southwest % of Section 7, Township 45
South, Range 43 East; said lands situate, lying and being in Palm Beach County, Florida, LESS
the South 40 feet thereof.
All interested parties are notified to appear at said hearing in person or by attorney and be
heard. Any person who decides to appeal any decision of the Planning and Development
Board and/or City Commission with respect to the matter considered at these meetings will
need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\F oster Property\LUAR\legalnot.doc