LEGAL APPROVAL
DEVELOPMENT ORDER
OF THE
. CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
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NING AND
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APPLICANT:
Harvev Lana - Orchard Landino
APPLICANTS AGENT: Daniel Diamond
DATE OF HEARING BEFORE CITY COMMISSION: 12117/96
TYPE OF RELIEF SOUGHT: Reauest to approve a master plan to subdivide a 2
acre carcel into three lots for sinQle-familv homes.
LOCATION OF PROPERTY:
23rd Avenue
East side of Federal Hiahwav and 180 feet south of
DRAWING(S): SEE EXHIBIT "8" 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 AppU'cant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The Appliiant's application for relief is hereby
.:!.. GRANTED subject to the conditions marked as "include" in
Exhibit "e" hereto.
3
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the pr~perty shall be made in accordance with
the terms and conditions of this order.
6. Other:
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"' DATED: December 17.1996
Va.(:;:2.~y~" ~~-'../
CityClerk
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EXHIBIT" C "
Conditions of Approval
Project name: Orchard Landing
Fiie number: SBMP 96-002
Reference: The clans consist of 3 sheets identified as 2nd Review. New Site Plan. File # with a November 7,
1996 PlannmQ and ZoninQ Deoartment date stamo markina.
I DEPARTMENTS !INCLUDE I REJECT I
PUBLIC WORKS
c:. NONF
UTILITIES
r.nmmpntc:. NONF
FIRE
~(')mmpn.c:' NONF
POLlCE
i
: r:ommQn.c:' NONF
i JEVELOPMENT DEPARTMENT
I
i Comments'
I
< All olans submitted for specific permits shall meet the city's code requirements
at :lme of application. These permits include, but are not limited to the
fCllowlng; site lighting, paving, drainage, curbing, landscaping, irrigation and V
traffic control devices. Permits required from agencies sucn as the FOOT,
,
pt::r SFWMD and any other permitting agency shall be included with a
~'-'
recuest for permit.
Revise documents to reflect all comments. .j
P'eject shall have underground facilities to residential units. Chap.2,5, Sec.9E, J
cg.2.5-7
.1 PrOVide a statement that all utilities are available and will be provided by J
accrooriate agencies. Chap.3, Art. IV. Sec.3R. pg. 3-5.
5. Plat ,:eVlew and acproval required. Chao.5, Art.11. Sec.1, pg.5-1. J
o. P'o'Jlce certification by developer's engineer that drainage plan complies with j
ail city codes and standards. Chap.5, ArtV, Sec.5A, pg. 6-7 and Chap.23.
Art.IIF, pg.23-8.
"7 All appropriate agency approvals must be submitted prior to issuance of any )
I.
city dredge, fill, or excavation permit for waterfront properties. Chap.5. Art.VII,
See 4. pg.6-24.
8. County and/or state permits required for construction in R.O.W. Chap.6, Art. VII , ) I
SecAS. pg.6-24. I
9. All landscaped areas shall be provided with an automatic water supply I
system. Chao.7.5, Art. II , See.58. pg.7.5-14.
10. Areas subiectto erosion to receive sod. Chao.7.5. Art.11. Sec.5C6. po.7.5-15. J
._-
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DEPARTMENTS INCLUDE REJECT
11. Excavation and/or fill permits will be required. Chap.a, Art.l, Sec.2, pg.8-1. VI
Provide a reclamation plan. Chap.B, Art.lIl, A1a,pg.B-2. v
12.
13. Provide stop signs and stop bars in accordance with the "Manual on V
Uniform Traffic Control Devices". Chap.23. Art.IIB2, pg.23-7.
14. Combine Tracts A and 8 and indicate they will serve as ingress/egress. vi
drainage and utility easements.
PARKS AND RECREATION
Comments:
15. There are no plans to provide private recreation facilities or apply for half credit. j
Therefore, based on three single family residences, the recreation dedication
r' , i~ (~ 0:: f' v n1 An ::Iror".c::' n'i.4 ::1,.,.".0:: fpp in lip" nf l::Inri
Page 3
Orchard Landings
File No. SBMP 96-002
I DEPARTMENTS I INCLUDE I REJECT I
FORESTER/ENVI RONMENT AlIST
Comments:
16. Secure the proper environmental permits for the mangroves which are on the j
site. PermIts must be submitted prior to requesting a clearing/ grubbing permit
from the city.
PLANNING AND ZONING
Comments:
17. A homeowners' association will be required to be established to control and /
operate the common area.
18. Label on the master plan both tracts designated for vehicular use as Tract A. t.!
"19. Minimum width of a right-of-way is 50 feet. File an exception request from this J
requirement with the Development Department to reduce the right-of-way width
to 25 feet.
:0. On the master plan, list the required setbacks for buildings and swimming tI
I cools for every lot.
21 The footprints of residential structures on the master plan and on the drainage V
i plan are different. Also, a discrepancy exists in regard to the entry gate to the
development between the master plan and the drainage plan. Eliminate these
dlscreoancies by providing a new. corrected drainage plan. /
22. On the master plan indicate location of all proposed utility lines. V
~IJDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
. None
- ~.
-
i ~DDITICNAL CITY COMMISSION CONDITIONS
l 24. To be determined.
MEH/bme
J SHARE\WP' p::;c.EC7S\ORCHlANOICONOAPPR \Wo
ADDITIONAL CONDITIONS FROM CO:MMISSION MEETING
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Plann'()9
MINUTES C. :HE REGULAR CITY COMMISSIOI\ .EETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, OCTOBER 20, 1998 AT 6:30 P.M.
PRESENT
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Kerry Willis, City Manager
Jim Cherof, City Attorney
Sue Kruse, City Clerk
Gerald "Jerry" Taylor, Mayor
Shirley Jaskiewicz, Vice Mayor
Henderson TIllman, Mayor Pro Tem . ...
Jamie Titcomb, Commissioner
Nellie Denahan, Commissioner
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Mayor Jerry Taylor
C. Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb
Mayor Taylor called the meeting to order at 6:32 p.m. Following the invocation, Commissioner
Titcomb led the Pledge of Allegiance to the Flag.
D. Agenda Approval:
1. Additions, Deletions, Corrections
Mayor Taylor added Item III-A.S, "Make a Difference Day/Paint Your Heart Out".
Vice Mayor Jaskiewicz requested the addition of Item III-A.6, "Ad Hoc Landscape Committee",
She also requested that Items IV-C.2, IV-F and IV-G be removed from the Consent Agenda for
discussion.
City Manager Willis requested that Item IV-F be moved to City Manager's Report for a
presentation.
..
Commissioner Titcomb requested that the "We Change Foundation" presentation be tabled to
the next regular City Commission Meeting to be held on November 4, 1998.
Commissioner Denahan requested Items IV-C.4 and "I" be removed from the Consent Agenda
for comment.
~
.
Attorney Cherof advised that Item XI-D.l is not ready at this time. Therefore, he requested
that it be deleted and in its place, he will provide an update on Lucille & Otley's closing.
2. Adoption
Mayor Pro Tern Tillman moved to approve the agenda as amended. Commissioner Titcomb
seconded the motion that carried unanimously,
MEETING MINUTES
REGULAR CIlY COMMISSi.",'"
BOYNTON BEACH, FLORIDA
II. ADMINISTRATIVE:
OCTOBER 20, 1998
A. Accept resignations of Muslima Lewis and Herb Suss, Regular Members,
Education Advisory Board
Motion
Commissioner Titcomb moved to accept the resignations with regrets. Mayor Pro Tem Tillman
seconded the motion that carried unanimously.
B. Appointments to be made:
Appointment
To Be Made
I
II
III
II
III
IV
II
III
II
IV
IV
Titcomb
Denahan
Jaskiewicz
Denahan
Jaskiewicz
Tillman
Denahan
Jaskiewicz
Denahan
Tillman
Tillman
Board
Bldg. Bd. Of Adj. & Appeals Alt
Code Compliance Board Alt
Code Compliance Board Alt
Education Advisory Board Stu
Education Advisory Board Reg
Education Advisory Board Reg
Cemetery Board Alt
Children & Youth Advisory Bd. Stu/Reg
Community Relations Board Reg
Recreation & Parks Board Reg
Advisory Board on Children & Youth A1t
Length of Term
Exoiration Date
1 yr term to 4/99
1 yr term to 9/99
1 yr term to 9/99
1 yr term to 4/99
2 yr term to 4/99
2 yr term to 4/00
1 yr term to 4/99
1 yr term to 4/99
3 yr term to 4/00
3 yr term to 4/99
1 yr term to 4/99
T ABLED- 2
TABLED-2
TABLED-2
TABLED-2
TABLED-2
TABLED-2
Vice Mayor Jaskiewicz announced that Mayor Pro Tem TIllman had agreed to allow her to switch
his Education Advisory Board appointment with her so that she could appoint Margaret
Newton as a regular member of the Education Advisory Board with an appointment that would
expire in April of 2000. (Mayor Pro Tem TIllman will take Vice Mayor Jaskiewicz' appointment to
the Education Advisory Board that expires in April of 1999.
Motion
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Mayor Pro Tem TIllman moved to approve the appointment and table all remaining
appointments. Commissioner TItcomb seconded the motion that carried unanimously.
III. ANNOUNCEMENTS 8r. PRESENTATIONS: .. ..
A. Announcements:
1. T.N.T. Concert on Friday, October 23, 1998 from 6:00 p.m. to 9:00 p.m.
@ Oceanfront Park - "Steel Explosion" (Island, Steel Drum and Reggae)
Mayor Taylor made this announcement.
2
MEETING MINUTES
REGULAR CITY COMMISS...~N
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
2. Quarterly Board Forum - Monday, October 26, 1998 @ 7:00 p.m. to 8:00
p.m. - library Program Room3. Due to Election Day on Tuesday,
November 3rd, the first City Commission Meeting in November will be held
on WEDNESDAY, NOVEMBER 4,1998
Mayor Taylor made this announcement.
3. Due to Election Day on Tuesday, November 3rd, the first City Commission
meeting in November will be held on WEDNESDAY, NOVEMBER 4,
1i9
Mayor Taylor made this announcement.
4. CRA Workshop Meeting on Friday, November 6, 1998 @ 3:30 p.m. in
West Wing Conference Room "c" to discuss implementation strategies for
1998/99 Visions 20/20 projects
Mayor Taylor made this announcement.
5. Make a Difference Day/Paint Your Heart Out - Saturday, October 24,
1998
Mayor Taylor announced that on Saturday, October 24th, six homes in the Oty of Boynton
Beach would be painted as part of "Paint Your Heart Out". Teams of Oty employees will paint
two of the homes in the community for the elderly or physically challenged.
6. Ad Hoc Landscape Committee Meeting - November 16, 1998 @ 7:00 p.m.
Vice Mayor Jaskiewicz announced that the next meeting of the Ad Hoc Landscape Committee
would be held on November 16, 1998 at 7:00 p.m. in West Wing Conference Room "C". The
last meeting was very productive and all of the participants are very enthusiastic. An attempt is
being made to encourage the voluntary participation of commercial and multi-family property
owners in the comRlunity. Four properties have been targeted for beautification. Two of the
properties are on Federal Highway and two properties are on Boynton Beach Boulevard. These
properties will serve as models for the community. The Commit~ce is hoperul that this
voluntary participation will continue to spread.
Vice Mayor Jaskiewicz thanked Messrs. Kastarlak,. ~ckermann, Wildner, Hallahan, Blasie,
Roberts and Rumpf for their help and support.
B. Presentations:
1. Proclamations:
a. "Make a Difference Day" - October 24, 1998
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MEETING MINUTES
REGULAR CITY COMMISS.LuN
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
Mayor Taylor read a Proclamation declaring October 24th as, "Make a Difference Day".
b. "HeadStart Awareness Month" - October, 1998
Mayor Taylor read a Proclamation declaring October, 1998 as "HeadStart Awareness Month".
He presented the Proclamation to Commissioner Titcomb who is involved with the HeadStart
Program at the federal level.
Commissioner Titcomb explained that the City's program is exemplary, highly recognized and
widely known. He is proud to be part of this program.
2. Presentation to the City Commission by the We Change Foundation -
Requested by Commissioner Jamie Titcomb
This item was tabled to the next City Commission meeting on Wednesday, November 4th.
IV. CONSENT AGENDA:
A. Minutes:
1. Regular City Commission Meeting of October 6, 1998
Mayor Taylor advised that since the meeting minutes are part of the Consent Agenda, a motion
to approve the Consent Agenda would include the approval of the minutes.
B. Bids - Recommend Approval - All expenditures are approved in the 1998-99
Adopted Budget
1. Award "GOLF COURSE TEE RENOVATIONS AND PRACTICE AREA
CONSTRUcnON" to Detail Turf, Inc., in the amount of $31,304.97
(PROPOSED RESOLUTION NO. R98-.I72j
C. Reso+u"tions:
1. Proposed Resolution No. R98-173 Re: Transferring cable rights and
obligations under the franchise agreement from Tele-Media Investment
Partnership, LP to National Cable Acquisition Associates, LP
>It
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2. Proposed Resolution No. R98-174 Re: Requesting assistance in the
amount of $987,000 from local, state and national elected representatives
to assist with funding our new senior adult center
At Vice Mayor Jaskiewicz' request, this item was removed from the Consent Agenda for
discussion.
4
MEETING MINUTES
REGULAR CITY COMMISS...ON
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
3. Proposed Resolution No. R98-175 Re: Approving the renewal of a
contract with Children's Services Council (CSC) for the 1998-99 fiscal year
Latchkey Afterschool Program in the amount of $43,672
4. Proposed Resolution No. R98-176 Re: Approving a lease agreement
with Seminole Harley Davidson to lease, for one year, a D.A.R.E.
motorcycle
At Commissioner Denahan's request, this item was removed from the Consent Agenda for
discussion.
5. Proposed Resolution No. R98-177 Re: Releasing the balance of
surety for the Vinings Plat 1 and Vinings Plat 2 in the amount of
$11,887.02 and $11,000 respectively
6. Proposed Resolution No. R98-178 Re: Supporting the enhanced
practical training for Drivers Education Programs in our schools and the
funding mechanism for this program by means of a $2.00 surcharge for
first-time drivers license fees or other similar funding programs
D. Ratification of Planning & Development Board Action:
1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185'
south of Golf Road - Request for variance approval to allow a 75'
reduction from the required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20 condominium units
on flag-shaped parcel (TABLED ON 9/:15/98 - KEEP ON TABLE
UN77l :1:1/4/98)
2. Robert Bordelon - (2616 SW 4th Street) - Request for approval of a
variance from the City of Boynton Beach Land Development Regulations,
Chapter 2 - Zoning, Section 5.C.2.a to allow a 5.0 foot reduction from the
- - required minimum side yard setback of 10.0 feet for the purpose of
constructing an addition to a single-family structure in the R-1AA zoning
district, within the Ridgewood Estates Subdivision
3. ABC Rne Wine and Spirits (Northeast corner of Winchester Park
Boulevard and Boynton Beach. B"oulevard) - Request for approval of a
variance to allow for a reduction in the required ratio of one (1) parking
space per 200 square feet to one (1) parking space per 225 square feet;
which represents a reduction from 45 spaces to 40 spaces to be required
for this single retail store
4. ABC Rne Wine and Spirits (Northeast comer of Winchester Park
Boulevard and Boynton Beach Boulevard) - Request for approval of a
variance to allow a 34 foot reduction from the required minimum
5
MEETING MINUTES
REGULAR CITY COMMISS.uJN
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
driveway distance from an intersection of 180 feet to 146 feet to allow
access to the planned site for this single retail store
5. ABC Fine Wine and Spirits (Northeast corner of Winchester Park
Boulevard and Boynton Beach Boulevard) - Request for approval of a
variance to allow a 36.83 foot reduction from the required minimum
driveway distance from an intersection of 180 feet to 143.17 feet to allow
access to the planned site for this single retail store.
6. St. Joseph's Episcopal Church and School (3300 S. Sea crest Boulevard) -
Request for conditional use approval to construct the addition of a 4,543
square fpot youth and day care center in the northwest comer of the
campus
E. Approval of Bills
F. Approve the purchase of three Heil Starr System Automated Garbage Collection
Vehicles - Sole Source Purchase Requested
At City Manager Willis' request, Item IV-F was removed from the Consent Agenda and renumbered as
Item V-A in order to allow for a presentation.
G. Approve the purchase of three PhysioControl UfePak 12 cardiac monitors per
1998/99 budget approval
At Vice Mayor Jaskiewicz' request, this item was removed from the Consent Agenda for discussion.
H. Approve the purchase of one Ransome AR 250 5-gang rotary mower to replace
one Taro 4500 as scheduled
1. Ratification of Code Compliance Board action:
a. .... Approve reduction of the lien in Case #96-4671 (M. C. & Jeannette
McRoy - 230 NW 11th Avenue) from $2,400 plus administrative costs to
$250
At Commissioner Denahan's request, this item was removed from the Consent Agenda for discussion.
to
J. Approving Task Order #26A for CH2M '-till for a maximum of $74,470 to be paid
on a time and expenses basis
K. Approve the purchase from D. M. Data backup memory and RAID adapter for the
RMS computer system in the Police Department
6
MEETING MINUTES
REGULAR CITY COMMISS.....JN
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
Motion
Commissioner litcomb moved to approve the Consent Agenda with the exceptions of Itell1s
C.2, C.4, G, F, and 1. Commissioner Denahan seconded the motion that carried unanimously.
CONSENT AGENDA ./TENS FOR DISCUSSION:
C2. Proposed Resolution No. R9S-174 Re: Requesting
assistance in the amount 0' $98~OOO 'rom local, state
and national elected representatives to assist with
'unding our new senior adult center
Vice Mayor Jaskiewicz announced that our senior center would provide recreation, a nutrition
program and social services for seniors of the community. We are contemplating renovations
and this Resolution is the first step in seeking assistance from local, state and national
representatives. Vice Mayor Jaskiewicz reported that the funds allotted to our residents are
currently going to the Mae Volen Center in Boca Raton. Vice Mayor Jaskiewicz recommended
forwarding a copy of this Resolution to the Governor's Office in addition to all other recipients.
Mayor Taylor pointed out that during her Washington trip, Vice Mayor Jaskiewicz met with
representatives who are very interested in helping us with this project.
Motion
Commissioner Denahan moved approval. Mayor Pro Tern lillman seconded the motion that
carried unanimously.
C4. Proposed Resolution No. R98-176 Re: Approving a
lease agreement with Seminole Harley Davidson to lease,
/'or one yeal; a D.A.&E. motorcycle
Commissioner Denahan commended Police Chief Gage for doing an outstanding job. In this
particular case, he is" seeking opportunities to involve our youth in educational programs that
will create a safer environment. She thanked Chief Gage for all of his hard work.
Vice Mayor Jaskiewicz announced that Seminole Harley Davidson would provide the City with
one bike for a year at a cost of $1 per month.
..
..
Motion
Vice Mayor Jaskiewicz moved approval. Mayor Pro Tern lillman seconded the motion that
carried unanimously.
G. Approve the purrhase 0' three PhysioContnJl J.i/ePak .12
cardiac monitors per ~998/99 budget approval
7
MEETING MINUTES
REGULAR CITY COMMISSlvN
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
At Vice Mayor Jaskiewicz' request, Jim Ness, Deputy Fire Chief, explained that this request is for
three state-of-the-art cardiac monitors that are very unique. The Rre Department already has
three of these units. They were the first units used in South Florida. The Rre Department has
always tried to ensure that the best equipment is available for the citizens. This purchase will
result in the Department having six units - one for each ALS unit. The Department is hopeful
that it will be able to purchase a few more reserve units next year.
Mr. Ness reported that with the use of grant funds, the Fire Department would purchase
automatic defibrillators for the Golf Course and the beach. These purchases will raise the level
of service provided to the citizens.
Motion
Commissioner Titcomb moved to approve. Vice Mayor Jaskiewicz seconded the motion that
carried unanimously.
L Ratification o'Code Compliance Board action:
a. Approve reduction 0' the lien in OIse #96-467~ (IV.
C & Jeannette NcRoy - 230 NW ~,t'h Avenue) brim
$2,400 plus administrative costs to $250
Commissioner Denahan is concerned about this request since the property owner is an
absentee landlord who did not respect the process. The property owner did not attend the first
or second meeting. It is her opinion that a standard needs to be set and followed. In this case,
96 days of non-compliance should at the very least result in a fine of $750.15 to cover
administrative costs.
Scott Blasie, Code Compliance Manager, advised that staffs recommendation is based on the
findings of the Code Compliance Board. The Code Compliance Board based its findings on the
testimony of the property owner that the tenants destroyed the property. He pointed out that
the first motion to reduce the fine to zero failed.
..
Mayor Taylor confirmed with Mr. Blasie that the property owner is now in compliance and did
additiona. work.
Commissioner Denahan said she visited the site where the property owner lives and there is a
big disparity between' that property and her rental pr~~rty.
When discussion ensued relative to notice, Mr. Blasie advised that the property owner received
the notice, but claims she works 10 to 12 hours a day and could not make the meetings.
Vice Mayor Jaskiewicz noticed that the board members voted 6-0 to reduce the fine to $250.
She explained that she rarely votes against their judgment.
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MEETING MINUTES
REGULAR CITY COMMISS,J.ON
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
Mayor Pro Tem Tillman was willing to support the board's recommendation since the property
owner went above and beyond what was required.
Commissioner Titcomb asked for clarification with respect to calculating the actual costs. Mr.
Blasie said the actual costs are based on a user fee study that was prepared by OMG.
Additionally, there is a charge of $250 for recording the documents. Each inspection costs
$96.03. There are four mandatory inspections. In this case, there were five inspections.
In Mayor Taylor's opinion, the purpose of the Code Compliance program is to gain compliance.
This case involves a swale. While Mayor Taylor understands Commissioner Oenahan's
concerns, this property owner did more than was required and he is willing to support the
board's recommendation.
Mayor Pro Tem lillman pointed out that many people do not understand the swale situation in
this community. This needs to be made clearer to our citizens. He feels that since this
property owner complied, he will support the recommendation.
Motion
Mayor Pro Tem Tillman moved to ratify the board's recommendation. Vice Mayor Jaskiewicz
seconded the motion.
Commissioner litcomb is concerned about whether or not this type of reduction is being evenly
applied across-the-board. He recommended that the board follow a standard.
Mayor Taylor feels there are pluses and minuses to having a standard policy since there are
different circumstances in each case. Although he agrees to work toward a standard, that will
not always work. He feels each case must be considered individually.
Commissioner Titcomb is also concerned that these cases are being settled for less than our
actual costs. He feels the people causing the problems should at least bear the brunt of the
administrative costs.
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Mayor Taylor recommended tracking repeat offenders. Mr. Blasie advised that repeat offenders
are currently tracked. Florida Statutes require that in considering a fine.
The motion carried 4-1. (Commissioner Oenahan dissented.)
.
.
v. CITY MANAGER'S REPORT:
A. Approve the purchase of three Heil Starr System Automated Garbage Collection
Vehicles - Sole Source Purchase Requested
Larry Roberts, Public Works Director, explained that when the City began to deal with the pilot
program for carts, it became very popular. The department then recommended to the City
Commission that it become a Citywide program. This presented an opportunity for the Public
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MEETING MINUTeS
REGULAR CITY COMMISSlvH
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OCTOBER 20, 1998
Works Department to automate garbage collection with a single-man operation using a
hydraulic lift on the truck. This eliminates a great deal of manual labor and the injuries
associated with garoage collection.
Visits were made to St. Petersberg, Clearwater, Stuart and Fort Lauderdale to view their
equipment and operation. Several manufacturers brought in demonstration equipment that
was used in specific City projects. Staff determined that the Starr system was superior to all of
the other systems demonstrated because it has great maneuverability. This is very important in
the City because we have dead-end streets that go straight into the construction at 1-95. It is
impossible to get into and out of those streets. In addition, it is necessary to deal with very
tight quarters throughout the majority of the City because of cul-de-sacs and parking on the
streets.
Mr. Roberts presented videotape that depicted the Heil Starr System Automated in operation.
Questions from the Commissioners
How many tax dollars are necessary to fund these vehicles?
Mr. Roberts advised that no tax dollars would be used for this purchase. Public Works will use
revenues generated by our solid waste.
How many people did the old vehicles require and how many people would be laid off?
Three people were required on the old vehicles and only one person will be required on this
vehicle. No employees will be laid off. This program will be implemented over a two-year
period of time. Public Works will take advantage of attrition and will work with Human
Resources to relocate some of the Refuse Collectors. Many of the employees that have been
with the department for upwards of 15 years have expressed interest in getting their CDL
licenses so that they can move up.
What about the potential for savings with respect to Workers' Comp?
..
..
Those figures have not yet been compiled.
Are these additions to the fleet or replacements?
These trucks would be replacements for the rear load!rs. The Oty's fleet is aging. The first
Starr will replace a rear loader that is approximately nine years old. Next year, three additional
Starr's will replace rear loaders that are seven and eight years old.
What is the difference in price between the Starr and the traditional rear loader?
A rear loader costs approximately $130,000. The Starr costs $148,000. The cost difference is
insignificant when the savings are considered.
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MEETING MINUTES
REGULAR CITY COMMISS...\JN
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OCTOBER 20, 1998
Is there anyone else who produces a truck like this?
No. That is the reason for the sole source purchase.
Do you envision the cost of the truck going down eventually as they produce more?
Mr. Roberts believes the cost of the trucks will continue to increase because the manufacturing
industry is under a tremendous amount of pressure for transmissions. One of the advantages
of buying this unit is that the Heil Company buys chassis and makes them available in
approximately 60 days.
What percentage of the City will be serviced with this equipment?
Approximately 14,000 homes out of approximately 18,000 will be serviced with this equipment.
Maurice Rosenstock. One Villa Lane. questioned whether or not the recycling materials
would be disposed of in the current containers.
Mr. Roberts advised that the recycling program would be maintained in addition to garbage
collection. The City will provide the containers for garbage collection. They are available in 35
gallon, 65 gallon and 95 gallon sizes. Neighborhoods will be asked to participate in the
program.
Herb Suss has a garbage container with a removable lid. He asked how this equipment would
address that situation. Mr. Roberts advised that new carts would be provided that have wheels
and watertight lids.
Vice Mayor Jaskiewicz inquired about the number of traditional trucks that will remain in
service. Mr. Roberts advised that in the long term, there would be no traditional trucks. The
program will take approximately two years. The rear loader trucks are a dying breed. In
Leisureville, the residents put out small amounts of garbage in plastic bags. Mr. Roberts has
plans for a better way of picking up that garbage than using the Starr system. However, the
majority of the City Will benefit by this system.
What about a maintenance contract?
The repair facilities are located in Delray Beach. Training of aty mechanics is ongoing at the
present time. . ·
Motion
Commissioner Titcomb moved approval. Vice Mayor Jaskiewicz seconded the motion that
carried unanimously.
VI. PUBUC AUDIENCE:
II
MEETING MINUTES
REGULAR CITY COMMISS~",N
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
Dee Zibelli. 440 Ocean Parkway. soeakina for Citizens for Good Government.
announced that she would never again run for public office in the City of Boynton Beach. She
advised that the Citizens for Good Government want to keep term limits so that young people
will have a chance to be involved in their community and serve with dignity and listen with open
minds to their constituents. Ms. Zibelli said she is being targeted in telephone polls and Labor
Management meetings. She objects to her name being used in this manner and was offended
that her presence around City Hall was questioned. She and all residents should have free
access to City Hall at all times. The Citizens for Good Government are offended at being called
"political hyenas". She stated that not all of the backlash is coming from the Citizens for Good
Government.
Herb Suss feels this City is on the move. Our Library is a crown jewel and the beach is first-
rate. Term limits must be eliminated because they take away his rights as a citizen. He wants
continuity and term limits are destructive. Mr. Suss applauded the City Commission on their
approval of the new garbage collection equipment. Mr. Suss expressed pride in our Police
Department and feels they are professionals.
Jim Miriana. 728 NE 8th Avenue. said the Citizens for Good Government object to being
called "political hyenas". The Citizens for Good Government are citizens working to keep term
limits. They are working in an orderly fashion. Calling them "hyenas" is an abrasive display of
ignorance. The Citizens for Good Government raised money through donations - not
developers and outsiders. The Citizens for Good Government want to "Save Our Future" by
keeping term limits.
Maurice Rosenstock. One Villa Lane. is a member of the Planning & Development Board.
Approximately two weeks ago, Ken Hall contacted him to suggest that he take a drive in his car
and try to locate an address. The Post Office requires all commercial properties to have the
street address displayed on their buildings. Mr. Rosenstock does not feel this is being enforced.
Mr. Rosenstock proposed that a Code be created that on all signs erected on any commercial
property there be letters that can be seen from the highway (within reason and of a certain
color) placed in a prominent position (top of monument/pedestal sign).
Mayor Taylor agreed'with Mr. Rosenstock's remarks and recommended that staff look at how
this can be accomplished. A Code should be created to require this as soon as a project is
developed and a method should ue developed to correct our current situation.
Herb Suss recommended that the City of Boynton Beach contact the DOT to request a sign on
1-95 indicating that there are four exits for Boynton BeSth.
Vice Mayor Jaskiewicz reminded the public of the 1904 house that is being restored in
downtown Boynton Beach. She encouraged everyone who is in contact with any students in
elementary, middle school or high school to inform them of the contest that will provide cash
awards totaling $5,000 to anyone who can describe life in a house such as this one 100 years
ago. Former Mayor Jim Warnke is in charge of this contest. Vice Mayor Jaskiewicz will visit
each of the boards and inform them of the project.
12
ME: IlNG MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
VII. PUBLIC HEARING:
None
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Consider request submitted by Showlime Lounge to sponsor a car and truck
show as well as permission to sell and serve beer, soft drinks, and barbecued
foods Sunday, November 15, 1998 beginning at 10:00 a.m. until 4:00 p.m.
Vice Mayor Jaskiewicz noted that Pete Rose's Ballpark Cafe has held events in the past, but no
liquor was served outdoors. Our Permitting Division prohibits the sale of liquor and
consumption of alcoholic beverages in any area outside the lounge. This request is inconsistent
with those requirements.
Commissioner Denahan concurred with Vice Mayor Jaskiewic7 remarks. Don Johnson
pinpointed 11 items. In particular, he noted that alcoholic beverages should be served solely in
the lounge areas and there needs to be toilet facilities outside for the general public.
Commissioner Denahan concurs with these stipulations.
Mayor Taylor advised that the backup indicates that Deluca's is in the business of adult
entertainment. People attending the event sometimes bring children along. For this reason,
Mayor Taylor will vote against this request.
Vice Mayor Jaskiew;a agreed with the Mayor's comments, but feels that as long as Deluca's
complies with the stipulations, she does not feel the Commission can refuse the request.
Commissioner litcomb feels that if staff's recommendations are followed, most of the activities
are safeguarded. It would be the parents' responsibility to decide whether or not to take their
children to the event. ~ ~
Mayor Pro Tem lillman agreed with Commissioner Titcomb's comments. He abhors this activity
especially on Sunday. However, he would have to accept this to protect the rights of the
applicant as long as they comply with the staff recommendations.
Jo Ann Deluca. representing ShowTime. said the children are not subjected to nude
women and they do not go inside the building. No one was offended during the last event.
She said she saw things going on at the Block Party that children probably should not have
13
MEETING MINUTES
REGULAR CITY COMMISSluN
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
witnessed. She does not feel she should be stopped from having an outdoor event because her
business is adult entertainment.
Mayor Taylor pointed out that the goal is to promote business that is adult entertainment. Ms.
Deluca said the event is advertised for adults only, but many people who are driving by stop
for the event.
Motion
Commissioner Titcomb moved to approve with the comments of our staff in relationship to this
special event.
Ms. Deluca said she contacted Alcohol & Beverage and they will permit, with the City's approval
and for a fee, an extension of licensed premises to allow Deluca's to serve alcoholic beverages
in a roped off area. She said she attended a Block Party a few weeks ago and she purchased
beer at Cafe Barista and was permitted to take it out into the street. Many other people did the
same thing.
Attorney Cherof advised that the staff condition is not based upon the State Statute. There is a
provision of the Code (Section 3.5) that prohibits the sale of alcoholic beverages outside at
these types of special events. That is the basis for the staff recommendation.
Ms. Deluca attempted to compare this event with the Block Party and the events that occurred
at Cafe Barista, and referred to "selective enforcement". Attorney Cherof explained that the
Code clearly provides for restricted issuance of permits for use of alcohol outside of buildings
(e.g. building dedications, non-profit activity or the like). This request does not appear to fall
into one of those categories. Commissioner Titcomb agreed that a block party is different from
a private show that is used to promote business. This is very different from a Citywide event
where a street is roped off and there is Police and Fire protection.
Attorney Cherof reminded the Commissioners that the Block Party was not the issue before the
Commission this evening. This application came forward with conditions to restrict the
consumption of alcoholic beverages to inside the building.
Mayor Pro Tem Tillman seconded the motion.
Mayor Taylor noted that although the request states from 10:00 a.m. to 4:00 p.m., the
applicant agreed thatthere would be no sale of alcohQUt: beverages until noon.
The motion carried 4-1. (Mayor Taylor dissented.)
B. Consider Special Event Permit for tent at Home Depot for demonstration in
conjunction with the opening of the new building
14
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
Motion
Vice Mayor Jaskiewicz moved to approve the opening of the Expo Center. Commissioner
Titcomb seconded the motion that carried unanimously.
C. Consider request submitted by George Marse of Calvery Chapel requesting
permission to host an outside event on October 31, 1998 from 5:00 p.m. to 9:30
p.m. in the parking lot of Calvery Chapel, 211 South Federal Highway
Motion
Commissioner Titcomb moved approval. Mayor Pro Tem Tillman seconded the motion.
Commissioner Denahan questioned whether or not there was any Police Department concern
about safety for children being in the parking lot at 5:00 p.m. on Saturday. Chief Gage stated
there was no concern.
The motion carried unanimously.
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBUC HEARING
1. Proposed Ordinance No. 098-37 Re: Amending Section 13-20,
Special Events, by deleting section in its entirety and creating a new
section 13-20 entitled "Special Events", providing for definition,
application process for special event permits, standards for issuance of
permits, conditions for permits, policy and procedures (TABLED ON
9/1S)
Motion
Vice Mayor JaskiewiCz moved to remove this item from the table. Mayor Pro Tern Tillman
seconded the motion that carried unanimously.
Attorney Cherof read Proposed Ordinance No. 098-37 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBUC HEARIN(t. THERE WAS NO ONE PRESENT TO
SPEAK ON THIS ORDINANCE.
Motion
Vice Mayor Jaskiewicz moved to approve Proposed Ordinance No. 098-37 on second and final
reading. Commissioner Titcomb seconded the motion. City Clerk Sue Kruse polled the vote.
The vote was unanimous.
15
MEc ; -.:.NG MINUTES
REGUL\R CITY COMMISS:"\JN
BOYNTON BEACH, FLORIDA
OCTOBER 20, 1998
B. Ordinances - 1st Reading
None
C. Resolutions:
None
D. Other:
1. Update on Lucille & atley's Closing
Attorney Cherof reported that the final inspection that was required as a pre-condition of
closing was accomplished and we received a Phase 1 environmental study that came back clean
indicating that there are no hazardous materials associated with this property. The anticipated
closing will be either Monday or Tuesday of next week.
2. Request by Gold Coast Builders in Conjunction with House of Hope
Gold Coast Builders initially requested that the City waive the permit application fee of $200.
The Commission and administration have no power to waive fees. However, there are funds
available to pay the fee on behalf of the applicant.
Mayor Taylor explained that Gold Coast Builders is donating all of the materials and labor for
the House of Hope. This house is just outside of the corporate City limits but we furnish water
to the area. The permit would be for the hook-up of the water meter.
Motion
Vice Mayor Jaskiewicz moved to approve giving the funds. Commissioner Titcomb seconded
the motion that carried unanimously.
XII. UNFINISHIiO BUSINESS:
None
XIII. OTHER:
..
..
None
XIV. ADJOURNMENT:
There being no further business to come before the City Commission, the meeting properly
adjourned at 8: 10 p.m.
16
MEETING MINUTES
REGULAR CITY COMMIS!l._.JN
BOYNTON BEACH, FLORIDA
ATTEST:
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City lerk
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10/21/98 4:31 PM
OCTOBER 20, 1998
CITY OF BOYNTON BEACH
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17
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT:
Harvev Lana - Orchard Landino
APPLICANT'S AGENT: Daniel Diamond
DATE OF HEARING BEFORE CITY COMMISSION: 12117/96
TYPE OF RELIEF SOUGHT: Reauest to approve a master plan to subdivide a 2
acre parcel into three lots for sinale-familv homes.
LOCATION OF PROPERTY:
23rd Avenue
East side of Federal Hiohwav and 180 feet south of
DRAWING(S}: SEE EXHIBIT "B" ATTACHED HERETO.
TH IS 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 AppM'cant
:::. HAS
__ HAS NOT
established by substantial competent evidence a basis for the relief requested.
The Appliiant's application for relief is hereby
.:!.. GRANTED subject to the conditions marked as "include" in
Exhibit "e" hereto.
3
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
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EXHIBIT"C" \1 c')L
Conditions of Approval X N.J~ ~ ~l'" ?L..: ~ \)
Project name: Orchard Landing '+, ~ ~ ~ -\:1.......... G--
File number: SBMP 96-002 O~- ? l..:::iR..1'" ''\TIT''1
Reference: The clans consist of 3 sheets identified as 2nd Review. New Site Plan. File # with a November 7, m
1996 Planning and Zoning Decartment date stamp marking. \i:...
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
I . NONF
UTILITIES
r . NONF
FIRE
I . NONF
POLICE
( . NONF
DEVELOPMENT DEPARTMENT
Comments:
1. All plans submitted for specific permits shall meet the city's code requirements
at time of application. These permits include, but are not limited to the V
following; site lighting, paving, drainage, curbing, landscaping, irrigation and
traffic control devices. Permits required from agencies such as the FOOT,
PBC. SFWMD and any other permitting agency shall be included with a
request for permit.
i J
2. Revise documents to reflect all comments.
3. Project shall have underground facilities to residential units. Chap.2.5, Sec.9E, vi
pg.2.5-7.
4. Provide a statement that all utilities are available and will be provided by J
appropriate agencies. Chap.3. Art.IV, Sec.3R. pg. 3-5.
5. Plat review and approval required. Chap.5, Art.II, Sec.1, pg.5-1. j
6. Provide certification by developers engineer that drainage plan complies with j
all city codes and standards. Chap.6, Art.v, Sec.5A, pg. 6-7 and Chap.23,
Art,IIF. pg.23-8.
7. All appropriate agency approvals must be submitted prior to issuance of any )
city dredge, fill, or excavation permit for waterfront properties. Chap.6, Art.VII.
Sec.4, pg.6-24.
8. County and/or state permits required for construction in R.O.W. Chap.6, Art.VII, )
Sec.4B, pg.6-24. I
9. All landscaped areas shall be provided with an automatic water supply .J
system. Chap.7.5, Art. II , Sec.5B, pg.7.5-14.
10. Areas subiectto erosion to receive sod. Chap,7.5, Art.lI. Sec.5C6. 00.7.5-15. /
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DEPARTMENTS INCLUDE REJECT
11. Excavation and/or fill permits will be required. Chap. a, Art.I, Sec.2, pg.8-1. VJ / ~
Provide a reclamation plan. Chap.8, Art. III , A1a,pg.8-2. V " ~
12.
t/ ------- .
13. Provide stop signs and stop bars in accordance with the "Manual on
Uniform Traffic Control Devices". Chap,23, Art.IIB2, pg.23-7.
14. Combine Tracts A and B and indicate they will serve as ingress/egress,
drainage and utility easements,
PARKS AND RECREATION
Comments:
15. There are no plans to provide private recreation facilities or apply for half credit. j
Therefore, based on three single family residences, the recreation dedication
~Qnl . . {~!':: f. Y: ()1 on ~-p",~\ ()~d ----- &-- in IiPII nf I::mn
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V
/
Page 3
Orchard Landings
File No. SBMP 96-002
I DEPARTMENTS I INCLUDE I REJECT I
FORESTER/ENVI RONMENT ALlST
Comments:
16. Secure the proper environmental permits for the mangroves which are on the /
site. Permits must be submitted prior to requesting a c1earing/ grubbing permit
from the city.
PLANNING AND ZONING
Comments:
17. A homeowners' association will be required to be established to control and vi
operate the common area.
, ~180L Label on the master plan both tracts designated for vehicular use as Tract A. t!
19. Minimum width of a right-of-way is 50 feet. File an exception request from this J
requirement with the Development Department to reduce the right-of-way width
to 25 feet.
20. On the master plan, list the required setbacks for buildings and swimming t/
pools for every lot.
21. OIL. The footprints of residential structures on the master plan and on the drainage /
plan are different. Also, a discrepancy exists in regard to the entry gate to the
development between the master plan and the drainage plan. Eliminate these
discrepancies by providing a new, corrected drainage plan. /
22. On the master plan indicate location of all proposed utility lines. \!'
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
23. None
ADDITIONAL CITY COMMISSION CONDITIONS
24. To be determined.
MEH/bme
D\SHAREIWPIPROJECTSIORCHLANO\CONDAPPR.WPD
ADDITIONAL CONDITIONS FROM COMMISSION MEETING
1.
2.
3.
4.
s.
6.
7.
8.
9,
10.
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Motion
Commissioner Titcomb moved to approve agenda Item IX.S, Quantum Park PID,for use
approval as presented, subject to staff comments. Vice Mayor Jaskiewicz seconded the
motion, which carried 5-0. -
Motion
Commissioner Titcomb moved to approve agenda Item IX.C, Quantum Park PID, for
master plan modification. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0.
Motion
Commissioner Titcomb moved to approve agenda Item XI.A.3, Quantum Park PID, with
the removal of the reference to note 4. Vice Mayor Jaskiewicz seconded the motion.
Ms. Heyden requested that the following language be added to the motion: That the matrix
be submitted prior to any future changes in commercially designated lots. City Attorney
Cheraf said that could be treated as a representation on the record that Mr. Willard
stipulates to that and it will be reflected in the record of tonight's proceeding, subject to
enforcement. It does not need to be incorporated either in the development orders or the
ordinance. Mr. Willard promised not to seek any change to a retail designated lot until the
land use matrix has been approved.
Mayor Taylor opened the public hearing; however, no one wished to address this item. A
roll call vote was polled by the City Clerk. The motion carried 5-0.
Mr. Willard thanked Ms. Heyden, Mr. Sugerman, and City Attorney Cherof for being
extremely helpful in expediting this review over the last six weeks.
Vice Mayor Jaskiewicz inquired about the closing date, and Mr. Willard hopes to close by
the end of the year.
D.
Project:
Agent:
Owner:
Location:
Orchard landing
Daniel Diamond
Harvey Lang
East of Federal Highway and 180 feet south of 23rd Avenue
Description: Subdivision Master Plan - Request to approve a master plan
19
,~.
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
to subdivide a 2 acre parcel into three lots for single-family
homes.
Mr. Diamond represented the owner, and is the land planner and architect for the project.
He stated that this is the most logical use of the land. It is very low density, and would suit
the neighborhood. He had no objections to staff comments.
Motion
Vice Mayor Jaskiewicz moved to approve the request to approve a master plan to
subdivide a 2 acre parcel into three lots for single-family homes, subject to all staff
comments in Exhibit "C". Commissioner Bradley seconded the motion, which carried 5-0.
E.
Project:
Agent:
Owner:
Location:
Description:
Hills at Lake Eden PUD
Burlison Gentry
Frank Pinto
Northwest corner of Seacrest Boulevard and Gulfstream
Boulevard (S.E. 36th Avenue)
New Site Plan - Request for site plan approval for perimeter wall
and buffer landscaping, common area landscaping, gated entry,
preserve area fencing and sign age.
Mr. Gentry represented Newport Properties, the owners of the subject property. He
advised that the site plan reflects the recommendations and requests that the Commission
had made regarding the spacing and height of the trees. . The Planning and Development
Board requested additional buffering and a chain link fence in lieu of the fence with slats,
and he agreed to do that. There was also a request for return on the corners of the
southeast, southwest, and northeast sections to buffer the adjacent property, and he
agreed to do that. He said the developer is in agreement with the balance of the staff
comments.
Mayor Taylor asked how far the returns would go. Mr. Gentry said the Planning and
Development Board recommended 20, and he agreed to that.
Stella Rossi, 625 Whispering Pines Road, asked for additional trees on the south and
north buffer. She asked if the applicant is speaking to this. Mr. Gentry stated that what
was recommended was 2' on center, a 2" high hedge, along with the fence. The buffering
will be changed from slats to a hedge. Ms. Rossi did not think a 24" hedge is sufficient.
She stated that if this is the code requirement, the code is ancient. She asked the
20
;~.
/'
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 17, 1996
Commission to instruct the proper department to update the landscaping code. She has
seen other projects in the City which are not pleasing, have skimpy, non-native trees, and
the least amount of shrubs. Mayor Taylor advised that we will look into that.
Motion
Commissioner Tillman moved to approve Item IX. E, request for site plan approval for
perimeter wall and buffer landscaping, common area landscaping, gated entry, preserve
area fencing and signage, subject to all staff comments. Vice Mayor Jaskiewicz second
the motion.
Commissioner Bradley inquired about the hedge material. Mr. Gentry said it is a native
species, which will be planted at 24" and would be allowed to grow to 6'.
The motion carried 5-0.
F.
Project:
Agent/Owner:
Location:
Description:
Whipowill Arms
Burton Metsch
515-513 S.E. 4th Street
Time Extension - Request for a second one year time
extension for concurrency and site plan approval.
Mr. Metsch asked for this second one year extension because during the first year
extension, nothing happened in downtown Boynton Beach. The lending institution that he
is doing business with feels that, in view of the fact that there is no direction in that area,
that this may not be a proper thing to do at this particular time.
Mr. Metsch said staff only wants to give him six months instead of 12 months because
there is a new plan that is going to be done for Federal Highway, which may influence his
piece of property. He was willing to stipulate that if the new plan changes his use, he will
abide by the new plan. If he cannot build what he wants to build, he will withdraw his
application.
Mr. Metsch said this is the first time he is aware of a use fee. If he has to pay over
$2,000.00 within 30 days of the granting of the one year extension, in essence, he is only
getting a 30 day extension. He did not intend to pay that amount of money until he is ready
to do something with the property. He did not feel it is fair to ask him now to pay this
money when he is not doing anything with the property other than what it is presently being
used for.
21
"
. .
MINUTES
PLA1"lNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 10, 1996
namely, a hazardous materials response plan, which would be part of the environmental
review.
Motion
Mr. Wische moved to approve the request to amend the previously approved PID master
plan in connection with an amendment to the DRI to change the use designation of lots 32.
33. 34A, 348. 35. 36, 37 and 38 from Office to Officellndustrial/Research and
Development to allow a proposed manufacturing use and to change the use designation
of lots 80, 81 and 82 from office to industrial/commercial, subject to staff comments,
excluding comment number 3. Vice Chairman Golden seconded the motion, which carried
6-0.
2.
Project:
Agent:
Location:
Description:
Citrus Glen
Sheryln McAllister
Southeast corner of Lawrence Road and Miner Road
Request to amend the previously approved master plan
setbacks to reduce the non-zero side setback from 15
feet to 10 feet to construct screen enclosures (with
screen roof), pools, spas and jacuzzis.
Mr. Lewicki advised that the Commission determined this to be minor and recommended
approval.
Ms. McAllister and her father, Art Albrecht, were present. Mr. Albrecht agreed to the staff
comments.
Motion
Mr. Aguila moved to approve the request to amend the previously approved master plan
setbacks to reduce the non-zero side setback from 15 feet to 10 feet to construct screen
enclosures (with screen roof), pools. spas and jacuzzis. subject to staff comments. Vice
Chairman Golden seconded the motion, which carried 6-0.
Subdivision Master Plan
3.
Project:
Agent:
Owner:
Orchard landing
Daniel Diamond
Harvey Lang
12
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 10. 1996
Location: East of Federal Highway and 180 feet south of 23rd
Avenue
Description: Request to approve a master plan to subdivide a 2 acre
parcel into three lots for single-family homes.
Mr. Diamond commended staff for being very helpful and getting him here in record time.
He agreed with all of staff's comments.
Motion
Vice Chairman Golden moved to recommend approval of the subdivision master plan for
Orchard Landing, to subdivide a 2 acre parcel into three lots for single-family homes.
subject to staff comments. Mr. Elsner seconded the motion, which carried 6-0.
D. Site plans
Description:
Hills at Lake Eden PUD
Burlison Gentry
Frank Pinto
Northwest comer of Seacrest Boulevard and Gulfstream
Boulevard (S.E. 36th Avenue)
Request for site plan approval for perimeter wall and
buffer landscaping, common area landscaping, gated
entry, preserve area fencing and signage.
1.
Project:
Agent:
Owner:
Location:
Mr. Gentry and Mr. Pinto were present. Mr. Gentry advised that this site plan has been
developed in conformi!y with the master plan. The setbacks relating to the spacing of the
trees and the heights have been complied with. The wall will be six feet with a concrete
cap, and there will be a feature on the entrance. He stated that the sign was not indicated
on the plan that was originally presented. When he applies for a building permit for that
sign, he will make sure it complies with the minimum requirements of 32 square feet. He
said the developer is willing to comply with all the staff comments and will satisfy them prior
to pulling the building permit.
Mr. Aguila would like to delete comment 22. He could not imagine why we would want to
replace the chain link fence with a wooden fence which will eventually rot and fall apart.
In addition, on the northeast, southeast, and southwest corners of the property where the
north/south masonry walls end, he asked the applicant to return those walls 90 degrees
13