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LEGAL APPROVAL DEVELOPMENT ORDER OF THE . CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ill , , . .' DEe I:: f -::~ : L:J NING AND f 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: ..- ~. . "-. "'\~';1'~;"'1H_ , ~.....-..-.';' :-...--...- - "' DATED: December 17.1996 Va.(:;:2.~y~" ~~-'../ CityClerk ,\\\11.. ~,~ ~~ o.(~ ~ ~rO'on... ~ l(. '<.., ~o _ => . ;: - ~ ()'- ~ ~... ",n,~,.: ~ ~ 1l1li' , "::J ,I ;:: ~ ...... ,.. ~ ~rd Orena 'l:an{!l.'\O $' , " FLO ,\,~ 1/11" II III \I \ \\\ \ \ I I \ \ I I, I I I I ' I ~ ~- 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 ._- - 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 ; {D)!&_~~ ,.lLn rq ,i n;, ! i. li(:':/~: rt...... f @ 1-;< 15 In 1 !, l: i. ;1 f! : :' _f; --' .; 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 .. .. 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 3 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 >It 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. 8 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. .. 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 9 MEETING MINUTeS REGULAR CITY COMMISSlvH BOYNTON BEACH, FLORIDA 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. 10 MEETING MINUTES REGULAR CITY COMMISS...\JN BOYNTON BEACH, FLORIDA 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: ~ri"'~~~"/~' J City lerk .. .. jmp j: \Shrdata\cc\wp\minutes\comm\102098.doc 10/21/98 4:31 PM OCTOBER 20, 1998 CITY OF BOYNTON BEACH ~I II/~ /, ---t<!/ /1 ' ,/' -~ayor , ~" , J- ~ . ~<..J.~ "'\Jice ~ ) / -::::7- ~~ Commissioner . . 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. ....~ ~._.._\ ."'~.""_o#'~ ~. "!",'. . 6. other: , - . ., ~ ,._....~ L..--' .. . ...,. . ~~~~i---- J "4~.'" OATEO: ~ber 17, 1~ ~~~'~A/~ Cit c\erK "<...- - -=--- - ~. ------- LU\jAIIUN MAP ORC~~ARD LANLJING 111111' JlIIIII'''' IIII lY -. .l..J ITTTI I I Lft:- nmll It r1 rill 1111 ~r' I T JrnHHErlfl II d fT ]. ITT ~ffi II r~ ill~ Ill:: ~,~ ,;# r: III I I .H R I II ill I I III r n III r:-tH I I .lID II III r I ~ 1111111111111 -~" III~ Il iH11I1 Uu.....J ,U I I I I II I] r II _ . TfrH f- I I I I 1 r T] I JJ-H--L I J III11 lJ1tl Tl"i H II ITI 1I!lI .<: ,.an , , , . . : : I ~ ,. D I I !1' I · ~.t' -JLli ~~! . I.. IJ1 ~ _ Jl... &: ILl '.J~ I · I YCl3 -=~~L~~.' '_ i: :H= ~I~~- '--I9Jlf-.' JJ: : ,.... 1:r- . ~ .' ~- . I .,11 I: ' ;' ,t::: REC I .. ". ._.~..2I.:~~~L -..= IlL U !y:::c . 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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. / *- / ,,/ ~/ ['\\- \~~ ~..J ZII- ~ .it( ~ / .* 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 ~ / 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