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AGENDA DOCUMENTS AGENDA DOCUMENTS MINUTES - CITY CCII4ISSION MEETING BOYNTON BEACH. flORIDA JANUARY 17. 1995 associations throughout the City. She stated that the item added to tonight's agenda came as a surprise to Mayor Graham. Mayor Graham only found out this afternoon that this matter may be added to the agenda. She was unable to attend this meeting because she had to attend the West Palm Beach City Commission meeting this evening. Ms. High stated that the entire City of West Palm Beach is opposed to this direct connector, not just one neighborhood, and that Commissioner McCarty is well aware of this. Ms. High read a letter that Mayor Graham sent to our United States senators, opposing the direct connector. Ms. High advised that Mayor Graham requests that Boynton Beach not pass any resolutions concerning this issue without giving equal time and prior notifica- tion so that all sides may be heard. Ms. High expressed the same sentiments for several neighborhood associations. She stated that this is all of our tax money ($67.7 million Federal, $18 million State and County, $16 million from Palm Beach International Airport, and $2 million in City funds). It would cost in excess of $100 million to build this direct connector. She pointed out that Belvedere Road and Southern Boulevard are already up for improvements. Motion Mayor Pro Tem Bradley moved to direct the City Attorney to draw up a resolution reflecting the support of the PBIA direct connect, otherwise known as FOOT project 3A-2. Vice Mayor Matson seconded the motion. Commissioner Katz felt the City of Boynton Beach should stay out of this matter, which he feels is going to disrupt the lives of hundreds or thousands of resi- dents in the City of West Palm Beach. The motion carried 3-1. Commissioner Katz cast the dissenting vote. VI. PUBLIC HEARING Description: WOOlbright Professional Center John G. Glander Woolbright Professional Center (partnership) Woolbright Road at L.W.D.D. E-4 Canal, southwest corner Land Use Element Amendment/Rezoning: Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Office Commercial to Local Retail Commercial and rezoning from C-1 (Office/Professional) to C-2 (Neighborhood Commercial) l..ic./f,f ;iJ ff-o/2 A. Project Name: Agent: Owner: Location: Mayor Harmening pointed out that the Planning and Development Board voted 6 to 1 to deny this. Tambr1 Heyden, Planning and Zoning Director, stated that this is a request for a vacant 2.61 acre parcel located at the southwest corner of Woolbright Road and the L.W.D.D. E-4 canal to be rezoned and that the future land use element - 10 - MINUTES - CITY CCII4ISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 17. 1995 designation be amended. The current land use and zoning is office/commercial and C-l, respectively. The applicant is requesting that the property be rezoned to C-2 (neighborhood commercial) and that the future land use map designation be correspondingly changed to local retail commercial due to his contention that there is an existing surplus of office space and that there is a current sup- portive demand for commercial property in the vicinity. The property was rezoned from C-4 to R-l-AA in 1980 when it was decided to relinquish the original intent for this site as boat storage for residents of Boynton Beach Le1sureville. In 1987, the property was rezoned from R-1-AA to C-1 to be developed for a 26,550 square foot professional/medical office complex. A site plan was filed for approval and then was withdrawn. There has been no activity on the property since then. Ms. Heyden reviewed the current land use and zoning of the surrounding area, and some of the criteria for evaluating land use plan amendments and rezon1ngs. Commissioner Katz asked Ms. Heyden to explain some of the uses that are allowed in C-2 as opposed to C-1. Ms. Heyden stated that primarily, the C-l zoning district is a professional business/medical office district. In addition, there are a handful of other uses that are non-office related, such as financial institutions, hospitals, veterinary offices, nursery schools, etc. She referred him to the comparison on page 9 of the staff report. The C-2 zoning district is a light commercial zoning district and is geared toward neighborhoods. It is usually located adjacent to neighborhoods and sometimes within neighborhoods, havtng access through them. Therefore, .the uses selected for that category are sensitive to the kinds of impacts that are associated with those uses, such as grocery stores and personal services. In response to Commissioner Katz, Ms. Heyden advised that gas stations are allowed subject to conditional use approval. NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. Mayor Harmening described the location of this property to someone in the audience. Motion Commissioner Katz moved to deny the rezoning from C-l (office/professional) to C-2 (neighborhood commercial) for the Woolbright Professional Center. Vice Mayor Matson seconded the motion. Until such time as it is clearly determined what the use would be in C-2, Mayor Harmening would not be in favor of a zoning change. The motion carried 4-0. - 11 - MINUTES PLANNING AND DEVELOPME~. JOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 1. Sears Auto Center - This project went before the City Commis- sion on December 20th. With four Commissioners in attendance, a 2-2 vote resulted, which is neither considered a denial or an approval. The project did not move forward. At the January 3rd City Commission, Mayor Pro Tem Bradley requested that the project be reconsidered. With five Commissioners present, the project was approved subject to staff comments, with the exception of construction of the wall. In lieu of the wall, additional landscaping along the north property line and the northeast property line were required. Further, the City Commission has required that the dumpster enclosure be widened to accommodate the second dumpster. 2. Abandonment for the Vinings - This abandonment was unanimously approved by the Commission subject to staff comments. 3. Citrus Park Time Extension - The City Commission approved the six-month time extension subject to staff comments. B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications There were no questions from the members with regard to the filing of the Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications. OLD BUSINESS None NEW BUSINESS A. PUBLIC HEARING LAND USE ELEMENT AMENDMENT/REZONING Description: Woolbright Professional Center John B. Glander Woolbright Professional Center (partnership) Woolbright Road at L.W.D.D. E-4 Canal, southwest corner Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Office Com- mercial to Local Retail Commercial and rezoning from C-l (Office/Professional) to C-2 (Neighborhood Commercial). 1. Project Name: Agent: OWn e r : Location: Mr. Rumpf made the presentation. The current designation restricts development to office and professional businesses, whereas the proposed zoning would also allow small commercial facilities of a retail convenience nature. - 2 - MINUTES PLANNING AND DEVELOPMEN. JOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 With regard to the history of this site, the subject property was rezoned from C-4 to R-1AA in 1980. In November, 1987, it was rezoned from R-1AA to C-1 to allow for the development of a 26,550 square foot professional medical/office complex consisting of two separate single-story structures. As conditions of ultimate site approval, staff recommended, when rezoned, that the standard buffer wall be placed on both the south and west sides of the property, parking lot lighting located along the perimeter be directed away from existing resi- dences, and that the development be limited to a height of one story. Although the rezoning was approved, the site plan was not fully processed. The surplus of office space was recognized at the time of the previous rezoning; however, the proposed medical uses constituted a slightly different market than those in abundance in the area. Following is a list of the current/adjacent land uses in the area: Direction Use Zoning North and Northwest Farther North East Farther East South and West Farther Northwest Woolbright Road Chua Eye Clinic L.W.D.D. E-4 Canal Boynton Comm~rce Center Boynton Beach Leisureville Leisureville Center Shopping Plaza N/A C-l N/A PID R-1AA C-2 Mr. Rumpf added that the Shoppes of Woolbright PCD and the Home Depot project are also nearby. Mr. Rumpf addressed the review criteria as noted in Planning and Zoning Depart- ment Memorandum No. 94-379 dated January 4, 1995, to the Chairman and Members of the Planning and Development Board. The Planning and Zoning Department recommends that the application submitted by John G. Glander be approved based on the following: 1. The proposed amendment and zoning would be consistent with the Comprehensive Plan objectives and policies; 2. The proposed amendment would not be contrary to the established land pattern; 3. The requested land use and zoning would be compatible with capacities of utility systems, roadways, and other public facil ities; 4. The proposed land use and zoning would be compatible with the current and future use of adjacent and nearby properties and, would not affect the property values of adjacent or nearby properties; and - 3 - - MINUTES PLANNING AND DEVELOPMENl dOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 5. The proposed land use and zoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The Planning and Zoning Department further repeated the conditions which were placed on the rezoning when this parcel was rezoned to C-1 and recommends that those conditions be applied. They are: 1. Distances between the future commercial building{s) on the subject property and the adjacent existing homes be maximized; 2. Construction of the required six foot high concrete block wall along the southern and western property boundaries; 3. Parking lot lighting be directed away from adjacent residences; and 4. Building height be limited to one story (15 feet). Mr. Golden asked for clarification on whether there is a vacant, as well developed parcel, on the C-1 property across the E-4 canal to the east. Rumpf confirmed that the Paychex Office Building is only one-half of the building site plan which was originally approved on the property. John Glander, Real Estate Appraiser, displayed photos of the property and the neighborhood. He explained that the subject of rezoning arose because the prop- erty does not appear to be marketable. He made an inspection of office build- ings in the neighborhood to determine their vacancy factor. The vacancy factor is a great deal higher than he expected. He stated that there is no market for office space at the present time. as a Mr. office Mr. Glander also displayed an artist's rendering of a project which the owner has in mind for the parcel; however, there is no tenant for that property yet. The owner would like to keep the character of the neighborhood similar to what it is currently. Mr. Rosenstock pointed out that C-2 zoning encompasses auto service stations without major repairs, car washes, taxicab offices, fabrication, installation or furniture slipcovers, laundromats, beer and wine sales, etc. Mr. Glander said the owner is interested in having uses that would with the market. The owner is trying to interest people who would ice the homes in the area and be compatible with the neighborhood. interested in changing the character of the area. be compatible like to serv- They are not Mr. Rosenstock referred to the staff report and read from the IISite History". This property has already been rezoned twice. Now there is another recommen- dation to rezone it. He questioned how the Planning and Zoning Department could say we need another shopping center because the nearest shopping center is a mile away. He pointed out that most people in the nearby community have cars or have access to the new transit system. Mr. Rosenstock feels a decision must be made regarding how this City should look. He stated he does not want to be a part of a proliferation of gas stations and strip shopping centers. He will not be a part of making Congress Avenue, from the L-30 Canal to the northern boun- dary, another IInorthern New Jerseyll. He will not support this request. - 4 - MINUTES PLANNING AND DEVELOPMENl dOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 Mr. Golden asked Mr. Glander if he had submitted a market study or analysis which would support his contention. Mr. Glander responded negatively and said he has been doing this work for thirty years. He had wanted to do a direct mail campaign to the owners to determine what they would like to see developed in the area. Mr. Glander said this is a commercial piece of property from the stand- point of the market. The assessment has been reduced twice in the last two years. There is no market for office space. Mr. Glander stated that he met with Mr. Bill Lynch to explain his intentions. He was seeking input from the surrounding residents and they appeared interested in working with him. Mr. Golden advised that he has read recent articles which attest to the fact that office rates are decreasing significantly in the County. Mr. Glander said the rates are decreasing severely. Much of the space which was $10, is now $8. Chairman Lehnertz noted that the staff report contained comments with regard to the vacancy rate in the office/professional buildings. He questioned whether or not Mr. Glander had done a survey of the vacancy rates of C-2 and C-3 zoned buildings. Mr. Glander said he did not find much C-2 in the area. Chairman Lehnertz pointed out that there is a significant amount of vacancies in all types of commercial buildings. This Board has seen situations where a shop- ping center or strip mall will offer discount rates for rents which lure tenants from a nearby center into their center. The places these tenants leave become vacant. A year or two later, a new shopping center comes in and lures those tenants again, resulting in a situation much like the one which occurred the year before. Chairman Lehnertz said he would have liked to have seen a statis- tical analysis which would have included C-2 as well as C-1. Mr. Glander said he contacted the Building Department to learn how many building permits were issued for office buildings. The Building Department informed him that no permits were issued in the past two years. He pointed out that Leisure- ville Shopping Center has had only one vacancy. In talking with the merchants in that center, Mr. Glander learned that they were happy with the location. Because of the 2,500 homes in Leisureville, Mr. Glander feels this location would be perfect for another small shopping center. Mr. Rosenstock felt it was unfair of Mr. Glander to appear before the Board requesting a zoning change without having done valid research with regard to the need for office buildings and shopping centers. Although he appreciates the effort to market that property, Mr. Rosenstock feels the Board has an obligation to protect the City and its residents. Mr. Glander said he met with the Board at Leisureville on two occasions to inform them of what was intended for this property. Leisureville consists of fairly high-income people which presents an excellent market. If a shopping center is built, these residents will be able to walk to it. This property will eventually be developed, and Mr. Glander feels it would be much more beneficial to develop it in a manner which would please the nearby residents. Mr. Rosenstock pointed out that no petitions were received from Leisureville either in support or opposition of this request. - 5 - MINUTES PLANNING AND DEVELOPMEN) ~OARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 Vice Chairman Dube wondered whether or not the residents of Leisureville are aware of all of the uses permitted in C-2 zoning. In reviewing the list of uses permitted, the only thing that area would need would be a gas station or repair shop. He pointed out that although Leisureville Shopping Center is a very suc- cessful center, it is the meat market which draws people to it. Probably more than half of the peopl~ serviced by the meat market in that center are not from Leisureville. Mr. Golden referred to the information boards Mr. Glander presented earlier in the meeting which showed the vacancy rates in the office buildings. He realizes that the vacancy rates are primarily in the larger, multi-story type office buildings. He pointed out that what would be allowed under the current zoning would be smaller office buildings in different categories. Some categories have higher vacancy rates than others. This is an issue which must be considered. There is a good deal of property in the City which is undeveloped, and the reasons for that vary from property to property. Mr. Weigle stated that there are objectionable uses associated with the C-2 zoning designation. If the Board were to recommend approval of the rezoning,' he inquired as to what assurances would be provided guaranteeing that no objection- able uses would be developed. Mr. Glander said he would assure the Board with stipulations from the owner that no gas station or other objectionable use would be developed. He will advise his client that stipulations are required. Bill LYnch. 1912 SW 16th Avenue. President of Boynton Leisureville. said a meeting was held on December 8th with the residents who abut the property. They were in favor of having this project move forward. However, Mr. Lynch does not believe they understood the full ramifications of what could be developed on that property. Mr. Lynch feels stipulations would be in order before any agree- ment is made so that no gas stations or objectionable use could be developed. If such a situation cannot be worked out, Leisureville will go against the proj- ect at the City Commission level. Mr. Lynch stated he is not objecting to the project as long as the stipulations are met and agreed to by Leisureville and the developer. THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Mr. Golden pointed out that the Board does not have any stipulations available tonight. Further, there is an issue of contract zoning which the City Attorney would have to investigate. Chairman Lehnertz explained that contract zoning is illegal. While there may be a possibility of something coming before the Board in the future, he does not believe the Board could accept a blanket statement that the owner would like a compatible development as a binding statement. Mr. Weigle stated that there have been times when a developer has wanted a proj- ect to go through a rezoning, that he comes before the Board with the drawn - 6 - MINUTES PLANNING AND DEVELOPMENl JJARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 plans showing what will be developed. The residents of the area are then aware of the plans. Regardless of whether office or retail is developed, if it is a good project, it will be more aesthetically pleasing than the vacant lot which now exists. He suggested that the applicant bring the entire program before the Board. Once zoning is granted, it is illegal to stipulate what can or cannot be put on that property. Mr. Glander said he will make every effort to give the City what it wants. Chairman Lehnertz feels that this applicant came before the Board saying that because the property has not been developed for a certain number of years, it is unusable and unmarketable under the current zoning. He recalled the situation with Casablanca Apartments on Boynton Beach Boulevard. That property was zoned as a multi-family residential area. Over a period of four to six years, the Board saw between four and five applications by people who said the property could not be developed or marketed as residential and must be changed to commer- cial. The Board and City Commission did not agree. Casablanca Apartments now exist on that property. Further, Page 4 of the staff report states additional land for retail develop- ment exists to the east of this site at the planned Shoppes of Woolbright proj- ect, and to the west of this site at the corner of Congress Avenue and Woolbright Road. Chairman Lehnertz feels this proves that there are nearby areas already zoned for the type of development which is being proposed by Mr. Glander. Those areas should be allowed to be built rather than changing the zoning on this parcel. Chairman Lehnertz offered his remarks regarding the staff recommendation. The following are his responses to staff recommendations. (The numbers refer to those contained in the staff report.) #1 He does not believe this amendment would be consistent with the Comprehensive Plan objectives and policies. If the Comprehensive Plan were reviewed, this request would not fall under the Compre- hensive Plan policies. #2 He believes granting this request would be contrary to the established land use pattern and would grant a special privilege to an individual property owner. He referred to the C-1 parcel which is only partially developed. All three parcels should be included in a Comprehensive Plan evaluation rather than just looking at them individually. He feels that if this request is granted, a request to rezone would be received immediately rela- tive to the parcel on the east. #4 He does not agree with the remarks by staff in Item #4. There are a large number of uses in the C-2 zoning designation which would be highly detrimental to the residents of the community and would not be compatible with a residential area. #5 He feels it would be difficult to find many uses in this shopping strip which would be useful. Mostly everyone in this community drives or has access to the bus. - 7 - " MINUTES PLANNING AND DEVELOPMEN) dOARD MEETING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 In addition, Mr. Golden painted out that another use which could go into a C-2 designation with conditional use approval would be a drive-thru restaurant. Ms. Heyden said that this proceeding is a quasi-judicial proceeding and as such, she must state for the record that her office and the Board Chairman had contact this morning. However, no additional information was provided which is not in the staff report or which was provided to the applicant. Mr. Walsh feels this parcel of land is an eyesore. It has been vacant for many years. Although he is concerned that a proper use is put in this location, we are receiving little or no tax money is being realized from that property. The owner will spend about $500,000 to develop the parcel in anticipation of renting it out to commercial establishments. He does not feel a person who spends that much money on a piece of property would put in a gas station or any other objec- tionable use. If the drawing is indicative of what will be built, it would be an asset to the area residents and would be in the best interest of City resi- dents in terms of taxes. He will .vote in favor of this request, subject to the stipulations which can be worked out through the City Attorney. Mr. Rosenstock felt Mr. Walsh's remarks were out of order since nothing was pre- sented by the applicant relative to exactly what will be built on the parcel. Chairman Lehnertz feels every Board member has a right to share his opinion. Motion Mr. Rosenstock moved that Page 1, Item 7.A.!, "Woolbright Professional Center", the petitioner's request be denied and that the Board vote in the negative and not grant the change in zoning from C-1 to C-2. Mr. Golden seconded the motion, which carried 6-1. (Mr. WalSh cast the dissenting vote.) Annexation Program Application '1 Windward PUD Property owners within the Windward PUD 1110 acres at the northeast corner of Military Trail and Gateway Boulevard. Request to show annexed land as Low Density Residential and rezone from RS-SE (Single- Family Residential - Special Exception) in Palm Beach County to PUD (Planned Unit Development) Mr. Rumpf made the presentation. This application is part of the City's current efforts to annex western properties through the Annexation Program. On October 18, 1994, the City Commission directed staff to continue implementing the Annexation Program by annexing the next group of eligible properties which are identified as Phase 2-Group 2. The Windward PUD is one of four (4) eligible properties now being recommended for annexation. 2. Project Name: OWner: Location: Description: Windward is a County-approved PUD that comprises approximately 110 acres located at the northeast corner of Military Trail and Gateward Boulevard. The master plan includes two single-family residential areas (Palm Shores consisting of 222 - 8 - PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-014 Agenda Memorandum for January 17, 1995 City Commission Meeting TO: Carrie Parker City Manger FROM: Tambri J. HeYden~ Planning and Zoni~~irector DATE: January 12, 1995 SUBJECT: Woolbright Professional Center (LUAR #94-012) Ordinances for Land Use Amendment, and Rezoning Please place the above-referenced items on the January 17, 1995 city Commission meeting agenda under Legal - ordinances, First Reading. Since this item is considered a "small-scale" land use amendment the corresponding ordinance may be adopted prior to review by the Department of Community Affairs (DCA), and therefore, making the Land Use Element amendment eligible for the abbreviated review schedule. In order to save additional time, it is requested that these ordinances be considered on First Reading at the same meeting when the City Commission will have their initial review of the Woolbright Professional Center items under Public Hearing. DESCRIPTION: See Department Memorandum #95-007 RECOMMENDATION: Staff recommends approval of these ordinances for First Reading. TJH:mr Attachments ANX~'WOOLO~DB.AGM PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-007 Agenda Memorandum for January 17, 1995 city Commission Meeting FROM: Carrie Parker City Manger Tambri J. HeYden~ Planning and Zoning Director . TO: DATE: January 11, 1995 SUBJECT: Woolbright Professional Center (LUAR #94-012) Applications for Land Use Amendment, and Rezoning Please place the above-referenced items on the January 17, 1995 City Commission meeting agenda under Public Hearing. DESCRIPTION: John Glander, agent for the property owner, Woolbright Professional Center Partnership, requests that this 2.61-acre tract located at the southwest corner of Woolbright Road and the L.W.D.D. Canal E-4 be reclassified from Office Commercial to Local Retail Commercial, and rezoned from C-1 (Office/ Professional) to C-2 (Neighborhood Commercial). The purpose of the requests are to prepare the subject property for development of neighborhood shops. It should be noted that since this land use amendment involves property that is less than 10 acres, it is eligible (according to the Florida Department of Community Affairs) for processing as a small-scale amendment. The State's review process for small-scale amendments allows for the adoption of ordinances prior to review by the DCA, and requires approximately 2 months less to complete relative to the process time for a regular amendment. Staff recommends that these requests be approved, based on the rationale described in the Planning and Zoning Department Memorandum No. 94-379. RECOMMENDATION: The Planning and Development Board, by a 6-1 vote, recommends that these applications be denied. TJH:mr Attachments AN~2:VOOLO.D8.AG~ NOT ICE 0 F Z 0 N I N G C H A N G E C I T Y 0 F BOY N TON B E A C H PUB L I C H EAR I N G S The City of Boynton Beach proposes to change the land use and zoning on the property indicated on the map below. A publ ic hearing on these proposals will be held before the Planning and Development Board on January 10, 1995, at 7:00 P.M. at city Hall in the commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Public hearings will also be held before the City Commission on January 17, 1995 and February 7, 1995, both at 7:00 P.M. or as soon thereafter as the agenda permits, at city Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. ~ ~ ~ '1'.-r-'\ \\"~-'. 't \'tr. ~\ i\ \ 11/1 ..:: ':R 3 : ~ '::-:~-\' \"\\~~-~'7 -;-' '1 \ ;. " ~\ "\ ..~ .. .- ~ _"'_.~.;: !' -' 1'"'1" H ,~f--h ~ ~- ~ ~ -r- _ ~ ~ ~ , -: U-..... .--~ L---~ L-J ',I ~ ~ ~ j ~_ /"",,'1 I 'I' iR3[ I -~-=r, C3: ' 5 _ 5'" "i'.:-\ ""~.J.... "1I()1..8.1l~H'T 1ft' ~ ~ ... _ :' -l 'I' /,- ""';', , I I =+=J,( ld:.: . :A~'''>~'' I~ /':;V!-..........;. ~ J ., -+- ' .... ' -"., ~ (:'; J . ~ r;' I. Js4~ __ \ r/.;. . / / .W- /~' , ~?;>':"___ -. -~ -. 'L :1 /'l~ I I =t_ I ~r AEC ~~~=::iIT~ 1:fII c --;""~RL//I I -.' - ~ ~ ./~~ .~~, ~;~ 1=i.~:':: m" \J -,: f 1-.1-.7~ I 7,1:: puc ~p -J'Y~~.u: . ~ I .' " ~/IJ~~ ~~~ ~~ ~_, f-. -.,' / - / _. ~."- I:~~~~~ /'_ " : 1 -?,'. ~ L~ ~g:::'...... )< ~~./ ~= i t 7,' 't / ~ ns~ _~F::i/..y~~-xV,A'~ \- ~ ~ _" ( ..,.',: / I A 1\ === Ic:::!:i.t-~ -; >r ~ = .' /~ /, , .l'r- II l:i....... )( "",)f";: . L ' :-: .-'" pi , -: :- u y %t..)>< ;....~ , , ~ "w...MI - _ In / / / , -- --' 1;-~', /~{0'{ ... ,--", \\2 ;! ,-. ~ \.. "'. -: ~ff-l . . 0 ~ I::r I~ PI ~ AD ,r.~ Iou --I~ I~ f- r-: lit I~ ..:'" c:s V q~ ....., .-:J ...~ - , . - .-' - ~~ = r= ,. , . II IJv ,- -- "';"'~ :k"'~ ~ --.....r '- "J- WOOLBRIGHT PROFESSIONAL CENTER PETITIONER: AGENT: INTENDED USE: LOCATION: Joseph R. Jingoli John G. Glander Neighborhood retail shops 2.61 acres of property on the south side of Woolbright Road, appx 142 feet west of Corporate Dr. (opposite Chua Eye Clinic). Complete legal description on file in the Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. LEGAL DESCRIPTION: REQUEST: AMEND FUTURE LAND USE PLAN: From - Office Commercial To - Local Retail Commercial REZONE: From - C-l Office/Professional To - C-2 Neighborhood Commercial REQUEST: ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE MATTERS. SUZANNE M. KRUSE CITY CLERK ...Nll2:VOOLCOMM....1l TO: Board of Adjustment Members FROM: City of Boynton Beach Staff REFERENCE: staff Site Analysis - Boa~d of Adjustment CASE NO. ~ ADDRESS: #153 2240 S.W. 15th Avenue MEETING DATE: June 10, 1991 CURRENT ZONING: C-3 DESCRIPTION OF PROPERTY: See attached OWNED BY: Sunburst Properties Investment, Inc. TYPE OF VARIANCE: Front property setback FACT S : 1. The site is the location of the woolbright Professional Building, 2240 S.W. 15th Avenue. 2. The Woolbright Professional Building is a 2-story office complex with parking beneath the structure. 3. The applicant wishes to construct a free-s~anding sign in front of the building, 2 feet from the property line. 4. section 21-23 (Setbacks) of Chapt.31- 21 of the Sign Code of the city of Boynton Beach requires that .sUl s:.gns meet a minimum of 10 foot setback, measured from the property 1i11e to the closest surface of the ~ign (see attached section of the code). 5. Section 21-16 (Variances) of the 3oY!lton Beach Siqn code permit:;:; an applicant to file for a variance' with the Board of AdJustment after denia: of a sign permlt by the Building Department (see attached). 6. Application for Permit #91-1230 was submitted by Bishop Signs, Inc. to ins tall a free-standing ground S:i.;Ill 4 foot by 14 foot, 8 foot 4 inches high and was denied 04/16/91 because it did not comply with the setbacks. 7. Section 21-16 of the Sign code states that the Board may grant a variance if it finds that the property has an unusual shape or topography condition that would prevent signage allowable under the provisions of the code to adequately identify the business or activity located on such property. 8. This 4 foot by 14 foot sign could be installed on site and still meet the 10 foot setback within the 29 foot front yard between the building and the front proparty line, or the 8 foot by 10 foot sign that was site approved 1n 1990 could be installed (It was never constructed)' if it was setback 10 feet from the property line to comply wlth the new Sign Code setbaCKS. pm Attachments xc: City Manager city Attorney city Clerk city Planner Recording Secretary Members - Board of Adjustment A:FACTS2.DOC y . , " . Ofii. ":'\7.99 P9 727 SCHEDULE "A" 1\ parcel of land in Sectlon 32, Township 4S South, Rango (tJ Cast, Palm Beach County, Florida, moro particularly described as followsl Comrntnc!ng at the Northwest corner of Seetion 32, thence South lft02'40" Cast (an assumed bearing and all other be~rin9B related thereto) alon9 the West line of Section 32 and the c~nter11ne ot Conqress Avenue 596.07 feetl thence Horth 68'00'52- Cast parallel with the North line of Section 32 and 596.00 feet South of said North line, 415.06 teetJ thane! North 1'02'40" HeISt, 250.03 feet to a line 53.0 feet South of and pa.rallel with the centerline 'of Woolbright Road (also known as S.H. 15th Avenue as recorded in Plat or Tenth Section, Palm BeAch Le1sorev111e, Plat Oook 30, paQe 130), thence North 8S"00'52" East along- 5a1d line, parallel with the }Iorth line ot Section 32, 161.52 teet to t.he POINT OF BEGINNIlIGI thence continue Horth 88'00'52" Cast, 161.52 feetl thence South 1'02'40" Cast parallel with the West line: of Seot.ion 32, 605.08 feet, thence South 88'00'52" West parallel with tIle North line ot Section 32, 335.04 feet, thence Horth 1'02'40" West, parallel with the West line of Section 32, 241.04 feet, thenoe North 88'00' 52" Cast parallel with the Horth line of Secti9n 32, 167.52 feetJ thence Horth 1'02'40" West parallel with the West line ot Section 32, 364.04 feet to t.he POINT OF eDGIUUING. LtSS AND EXCEPTING therefrom the Horth 7 feet thereot conveyed to the State ot Flor1da for Woolbright Road is reoorded in Official Reoord Book 4481, pago 1521. Together with a non.exclus1ve easement for the benefit of the above property over the following described lands I THE SOt.rrHDRLY 35 FEET or THE: FOLLOWING DESCRIBED PARCEL OF PROPERT'l, TO..HIT, THAT CERTAIN PIDCE, PARCEL OR TRACT or LAND SITUATE, LYING AND BEING IN THE COUNTY or PAllI BEACH, STATE OF FLORIDA, 'to WIT, A parcel ot land ~n Section 32, Township 45 South, R~ge 43 East, lying in Boynton Beach, Palm Beach County, rlorlda, be1ng the East 365 feet ot the ''lest 415 feet ot the South 3SS teet of the North 951 teet of saId Beatipn 32, being more particularl)' described as tollows I ' . .'" .. - ........-.... .... ..-...... e. .... . . "' .... .... .. _tl' "'" . ....... ..., .-....._.. .... ....._. ._. .._ _ ,....... t..._ _ . . ~ I From the Northwest corner of Section 32,. Township 4S"Soutn, Range 43 lJaGt, Palm 'Beach County, Florida,' said corner being on the oenterline ot t.he 100 toot wido ri9ht oe way ot Con9reaa Avenue, run South 1.02'40w Da$t (for convenience, the Hc~t line of said Section 32 is assumed to bear North 1~2'40" West and all bearlnos recit.ed herein an relative thereto) a distance of. 596.01 feet to ,the intc:reectlon of the West 11n~ ot Ga1d Section 32 with a line parallel to and 596,00 teet Southerly trom, when measured at ri9ht angles to the North line ot said Section 3~: thence North 88'00' 52" East along said para.llel line a distanco ot 50.01 feet to the intersection of said parallel line with the Easterly line.'of the atoresaid 1~0 toot w1ue right of way of Congress Avenue, the Northwest oorner and Lhe point of beoinnin9 ot the herein described parcel of land, thence along the boundary of said parcel ot land as tollow~, North 8S'00'52" East a distanco ot 365.05 feetJ thence South 1'02' 40" East a distance of 355. ~5 feetl thence South 88"0' 52" ~Iest, a dhtMce of 365.05 feet to a point '~n thel1aGterly l.ine' of the atoresaid 1"0 toot wide ri9ht. o!....~ay. of CongresllI Avenue'" thence Uor.th....1~.2.'.40."...Wes~._a..~ong.. ~~h\ right of way line a distanc~ of 355.05 feet to the POINT OF BEGINNING. Said lands lying and beinq in Palm Beach County, Florida, as set !o~th in para9~aph 6 of that certain Instrument entitled Agreement and EaS4ments, dated November 16, 1981, recorded Deoember 4, 1981, in Record Book 3637, page 0347, ot the Public Records of Palm Beach Count.y, Florida, and Otfi~ial Ricord Book 3631, page 0357, of the Public Records of Palm Beach county, Florida. LeSS AND EXCEPTING therefrom tho tl.st10 teet of said 35 foot easement as conveyed to Palm Beach County fo~ Congress Avenue as set forth in Official Record Book 4491, paqe 18e. ,'. ~" '. I ".: _I '.;. ~ ~ ;.... RECORO VERIFIED . PALM BEACH COUNTY. FLA. JOHN a. OUNKLE ' CLEfll< O!~CUITCOURT . .. ::. , ~;': .... .~. ( the beneficial use of the building or structure upon which such sign may be found, within ten (10) days after the business use ceases. ' Sec. 21-16. Variances. After denial of a sign permit by the Building Department, a request for variance may be filed with the Board of Adjustment. The Board of Adjustment may grant a variance if it finds that the unusual shape or topography of the property in question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The Board of Adjustment may only grant a variance to: (a) allow a setback less than that required under the ordinance; (b) allow the area and/or height of a sign to be increased by up to twenty-five (25) percent of the maximum allowable height or area; or (c) allow the number of signs to be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. Sec. 21-17. Exemptions. The permit requirements of this ordinance shall not apply to the following signs, provided however, that. said signs shall be subject to other provisions of this code: (a) Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which said signs are located. These signs must be set back ten (10) feet from the property line, meet the structural wind load requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. (b) A single residential yard sign, not exceeding three (3) square feet in area (Beware of Dog, Watch your Step, Name and Address, etc.). (c) Window/door signs using less than twenty (20) percent of the total glass area facing in anyone direction. This area is not included in the total sign area allowed under this chapter. These signs are not permitted in residential zoning districts. (d) Political signs. These signs must comply with Section 21-31(d) of this Chapter. (e) Flags. 11 Interpretations of this chapter shall be made by the Building Official or designee. Sec. 21-23. Setbacks. All signs must meet a m~n~murn of ten (10) foot setback measured from the property line to the closest surface of the sign. Where a building is closer than ten (10) feet from a property line, a freestanding sign can have its leading edge one half way between the property line and the building. Wall signs can be on the ~uilding surface. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all signage within the triangular areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and six (6) feet. The triangular areas above referred to are: (a) The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length (or more when determined to be necessary by the Building Department), from the point of i'ntersection and the third side being a line connecting the end of the other two (2) sides. (b) .The area of property located at a corner formed by the intersection of two (2) or more';;.~'public or private rights-of-way, with two (2) sides of the triangular area -being thirty-five (35) feet in length along the abutting public right-of-way lines, measured from their point of intersection and the third side being a line connecting the ends of the other two (2) lines. Sec. 21-24. Signs permitted and regulated in residential zoning districts. (a) One (1) customary plaque not exceeding two (2) square feet in area. (b) On plots containing permitted nonresidential structures or uses, a f la t or freestanding sign, not exceeding thirty-two (32) square feet in area will be permitted. A flat wall sign must not be higher than ten (10) feet, nor a freestanding sign higher than six (6) feet. Such signs may advertise the main use of the premises only. (c) Temporary real estate signs (1) Single Family: One (1) real estate sign not exceeding five (5) square feet in area and no taller than four (4) feet is allowed per street frontage. 15 :... , I '*",. ~,,~ .' .1... .... a." .',. ,. . , ~R 2"; '9;.01:02 ..\ 81 SHOP ':~ I c,l~-:; H'~:, \'" \ L-I tJ ~. ~ Go <. \\<.. l....! lr1ft 'i :'> ~). 5 3(1) F'(ll CITY OF BOYNTON BEACH C\j (".f (\ Lf< LillI 0 i~l ,"') r. "1 ., ~(. I . ~ cc ~\.,....~\. /~+ f"~r1< .-h . . BOARD OF ADJUSTMENT APPLICATION cc- p, Lv, (( ~ ~ ~ h ~ r ') ~....~-(z Submittal Deadline: Five (5) weeks before meeting date Pl...~ase print or ~ SU,pmittal date :~l~~~_"':"s_'t')(H '.rile undersigned OWner ( s) hereby respectfully petition ( s ) the Board (.If Adjustment to grant to petitioner{s) a special exception or variance to the existing Zoning or ;Slgn Code of ,$aid City ,pertaining to the property hereinafter descr~bed and in sU~P9it thereof s~ate(s): Property involved is 'described as fol'l6Ws: ,'Subdivision k,;~~.~.',~;, ~xW PT.~ ~EF. ATTAr.ltED LEGAL DESCRIPTION. Block Plat Book ,:'-/ ~/'~'; , . pa.ge or otherwise described as follows: Property Address 2240 S.W. 15th Ave., Boynton Beach, FL. 33426 The following documents are required, to ..be submitted with this application to torm a single package. I!lcomplete package will not be accepted: J' 1. ~~.~al;.~d_slL~Y by a registf~red surv~!yor .in the State of: Florida, not ov~r six (6) months old, indicating: h. All property lines B. North ~irrow c. E:xistinq structures and paving D.. Existing elevations &. Rights-of-way, with elevations F. . Easements~on or adjacent to the site G. Utilities on or adjacent to the site H. Legal description . 1. Number of acres to the nearest pne-hundredth (1/100) of an acr.e J. Location sketch of property K. Surveyor's Certificate ~./ ~~ite ~~an properly dimensioned. and, to scale showing: A. All proposed stru,r-tures M B. All eXisting str'tic~lres that are to remain on si te C. Setback. lines for all. structures drawn peL'pendic1l1at from the properly lInes' to the closest vertical wall of structures D. Use of each structure (or uses withln mUlti.ple Occ\.lp~:mcles) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and drivewaY5 F. Elevations of the lowest finished floor of all structures on the site 3. j Certified list of names and post offi.ce addresses of property owners and legal descriptions of their property within 400' feet. of subject property, as reco~ded in the County Courthouse. such list Shall be accompanied by an Affidavit (see attached) stating t.hat t.o the best of ~he applicant's knowledge~ ~aid list is complete and accutat.e. 4./ Proof of ownership of property purchase contract' agreement. I?e~.t\::ion.I.._~ notarized copy of a accompany the petition. S.... Statement of special' conditions, hardships or reasons justifying the requested' exoeption or variance. . Respond to the six (6) Questions below (A-F) on a separate sheet L~!~ase print or type): by petitioner ( s), such as deed or If an agent is sUbmitti,ng __thE! letter designating him as such nw~t A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; , , '" .'. APR 26 '91 01:03 B! SHOP S) Gt'6 [I'le. 300 P02 .. .-' .. ," · 'aOARD OF ADJUSTMENT APPLICATION Page 2 B. That the special conditions and circumstances do not: n~sult from the actions of the applicant; C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in ~he same zoning district; . D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under-the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; . E. That the variance granted is the minimum variance that will make possible the reasonable Use of the land, building or structure; . F. That the granting of the variance will be in harmony with the general intent and purpose of thi~ chapter and that such variance will not. be .. injurious to the area involved or otherwise detrimental to the public welfare. 6. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. 7. Name and address of owner: Sunburst Properties Investment, Inc. 8. Name of applicant: T.illi~n ~irabito Applicant's address: 7.240 SW. 15th Ave., Applicant's phone #: ---3~JOO Da te : 5 / 6 / q 1 . Signature of Applican : Fl. 33426 ._-~~--------------~-------~~-----------------~--~----~------- --------- To be completed by the Building Off-ic,ial or Representative . 1. Property is presently zoned: C-3 Formerly zoned:' R-1AA ;2. Property Control Nwnber: "08-43-45-32-00-000-3021 3. Denial was made upon existino- 'zoning or sign requirements (list sections [ s) of Code 'f~ whicli....relief is :required): . Section 21-23 of the Code of Ordinances 4. Nature of exception or variance required: Code requires signs to have a minimum setback of 10 feet. 'App1icant wishes to have setback of 2 feet; therefore, an 8 Date: ~l~3/91 - Permit foot variance .~s requested. denied: ~ ~ II ~ . Bullding~artment (Milt Duff) Meeting Date: June 10. 1991 5. Case Number:. 153 -~--~~---~--------~~---~-~-~------------~--~~~~-_.~~--._-~.~~.~----~--- To be filled out by Board. BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay Stipulations: Signed: Cha.~rman '. "W"""""'::.---. SUNBURST PROPERTIES INVESTMENT, INC. 2240 S.W. 15th AVENUE. BOYNTON BEACH, FLORIDA 33426 (407) 641-9900 SIGN VARIANCE 5. We are requesting a setback variance for a low free-standing sign on the front of our property. A. As the building is so close to the road and as there is so little frontage to place a sign, a condition exists where putting the sign at a 10 foot setback would bring the sign within 4 feet of the building. B. The building as it exists now is only 29 feet from the sidewalk; the+efore, severly limiting space for a low free-standing sign. C. The nearest immediate adjacent sign to our property is the Sun Bank sign which is just behind the property line~. D. By adhering to a 10 foot setback, it will place our sign awkwardly closer to the building than to the sidewalk. Instead of designing a sign which would stand 20 feet high we thought a sign which was lower to the ground was what our neighbors and local residents wou~dprefer, E. A 2 foot setback wP~~~.,plac.th~ sign, at a more reasonable proximitY1Within.tl'1~'givenarea between the buildiP.g'lfl~d' the,:'rpad. .' .". ... " ' F. 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MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA, TUESDAY, NOVEMBER 17, 1987 AT 7:30 P. M. PRESENT Nick Cassandra, Mayor Ralph Marchese, Vice Mayor Ezell Hester, Commissioner Leonard Mann, Commissioner Dee Zibelli, Commissioner Peter L. Cheney, City Manager Betty S. Boroni, City Clerk Raymond S. Rea, City Attorney Mayor Cassandra called the Rabbi Leon B. Fink, Police from the Congregation Beth Invocation, and the Pledge by Commissioner Zibelli. meeting to order at 7:35 P. M. Department Chaplain, and also Kodesh of Boynton Beach gave the of Allegiance to the Flag was led AGENDA APPROVAL City Manager Cheney requested that three bills be added to the Consent Agenda, Item K: Monthly Landfill Charge of $110,293.29 Payment to General Contractor for City Building in the amount of $127,241.90 Payment of first 50 percent payment to Women's Club in the amount of $12,500.00 City Manager Cheney requested that under LEGAL, Other, Item D. ("Consider water Service Agreement for Trail's End Plaza") be deleted. Delete from Consent Agenda Item D.l ("Construction Plans and Preliminary Plat of Meadows 300") as that did not pass the Community Appearance Board, Item F ("Approve emergency purchase order for Square "D" electrical components for the relocation of Lif Station 504") as it was taken care of at the previous meeting. Delete under BIDS, Item A. ("Five Street Construction project - Engineering") as this item is not ready to be presented to the Commission at this time. Commissioner Hester moved that the Agenda be accepted with corrections. Motion was seconded by Commissioner Zibelli and carried 5-0. ANNOUNCEMENTS 1. Proclamation - Tour of the Americas - February 28, 1988 Mayor Cassandra read the Proclamation which proclaimed February 28, 1988 as Tour of the Americas Day in Boynton -1- , MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Beach noting that the cycling event will pass through the City on Federal Highway at approximately 10:20 A.M. on that date. Mayor Cassandra encouraged all citizens to participate in viewing this event. CITY MANAGER'S REPORT Kapok Tree City Manager Cheney stated that there had been some interest in saving the tree which is located on the site of the former Police Department parking lot. He noted that no one had come forward with money to save the tree which could cost between $6,000 - $8,000 to move, depending upon how far the tree would have to be moved. City Manager Cheney noted that in order for the tree to have the best chance of sur- viving the move, root pruning should be done 45-55 days prior to relocating it. This would ensure a 70 to 80 percent survival rate. If less time is allowed for root pruning, the survival rate drops to 50 percent or less. He suggested that if the tree was moved, he would recommend the S.W. corner of the site of the new parking garage at the corner of 1st Street and 1st Avenue. This area will be landscaped anyhow. After some discussion it was the consensus of the Commission that the tree not be relocated due to its poor chance of survival, the costs involved, and the fact that construction work would be held up at the Police Department, Fire Department and the Parking Garage. City Manager Cheney stated that the tree had been planted by Marie Shepherd's father, but she had not requested that the City save the tree. Day Care Center City Manager Cheney stated that he had placed two rendering of the proposed facade of the Day Care Center at the back of the room. He requested that the Commissioners look at the renderings during the break so a decision on the roof style could be made, noting that the City would proceed with the Mansard type roof unless he was directed otherwise. Golf Permits City Manager Cheney noted that all Golf Permits had been sold this year and some people had to be turned down. Beach Permits TO date 6800 Beach Permits have been sold. This is probably about half the number which will be sold this year. -2- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Party at Shooters City Manager Cheney stated that there was a hugh outdoor party at Shooters over the weekend. There were telephone calls to the City Manager regarding the noise and number of cars parked in this area. He noted that many cars were hauled away and he had spoken to the people at Shooters reminding them they cannot put tents in their parking lot without permits. They promised that they would not let this happen again. Mayor Cassandra noted that he had also received telephone calls. There was some discussion regarding what the City could do to make a stiffer fine so that Shooters would comply. City Attorney Rea was requested to check into the situation to see what the City can do in a situation such as this. Report on Car Allowance City Manager Cheney referred to the report of vehicle use for City business. Mayor Cassandra clarified that he wished to know the names of the people involved. City Manager Cheney stated that he preferred not to point out people but positions held by those people. Approval should be by the nature of the job and not by personalities. All agreed that this was the intent. Report on Supervisor/Manager (Management Staff away from City Hall City Manager Cheney stated that he had not finished this report but would try to complete it prior to the next City Commission Meeting. E911 Telephone Fee Report City Manager Cheney stated that the Legislature has authorized a not to exceed 50 cent surcharge on telephone bills per month to pay for 911. This amount is used ini- tially to pay non-recurring capital costs for some agencies that do not have a complete 911 system. Anyone who paid for their 911 system prior to the effective date of the ordi- nance does not get reimbursement. The City will get rebates for its recurring costs each year. Mayor Cassandra stated that he was concerned about the lack of information prior to receiving the bill for 50 cents. The City Manager's Report was accepted as presented minus the Report on Supervisor/Manager (Management Staff away from City Hall) and with the additions of: Kapok Tree, Day Care Center Report, Golf Permits, Beach Permits, and Party at Shooters. ~ ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 PUBLIC AUDIENCE Conduct by Codes Enforcement Inspectors Robert C. Riley, 342 S.W. 4th Avenue, stated that he feared someone might be injured on his property. He referred to the fact that a Code Enforcement Officer came on his prop- erty in September (a Saturday). The Officer came in across the grass, through the gate, into an enclosed shadow box, fenced yard. He ignored the "Beware of Dog" sign. Mr. Riley stated that the dog was in the house at the time. His wife came to the door and was handed a citation for a lawn- mower which was parked in the yard. Mr. Riley stated that he contacted Mayor Cassandra and Commissioner Zibelli. He then got in touch with Assistant City Manager Hunt who suggested that he call Dan Rollins. Mr. Rollins asked that Mr. Riley be patient as his Codes Enforcement people were new and they needed a little more time to become familiar with their duties. On November 16th Mr. Riley took a car out of his garage which he planned to ship to Brazil. He backed the car against the closed garage door and left it for 15 minutes. When he returned, his neighbor told him the Code Enforcement person had crawled through the bushes. He could not see the tag as it was directly against the door, so he stuck a red sticker on the car. Mr. Riley stated that he had given information on numerous code violations and the City has never acted on them. He reported a violation on East Ocean where the car has been there for six months. The City told that owner to put a tag in the back window stating "Title Applied For." He referred to one on Boynton Beach Boulevard which he reported is now in compliance. Mr. Riley stated that the contractor who tows the cars away is the biggest violator of the Code. He has a dozen cars at his compound which are in violation. Mr. Riley called the City about that and was told that the City is working on that problem. Mr. Riley stated that he had a problem with the City when he first moved to Boynton Beach regarding whether or not he is on a septic tank. He expressed his feelings that the City is performing "Selective Enforcement." Mr. Riley stated that he was told that Codes Enforcement person- nel do not go up to the north section on weekends as it is too dangerous. He expressed fear that someone was going to be hurt and he hoped that it would not be by his dog. Mayor Cassandra stated that some strong allegations had been made by Mr. Riley regarding "Selective Code Enforcement." City Manager Cheney stated that the City does not do "Selective Code Enforcement." He was not prepared to answer all the complaints at the present time. He commended the towing contractor for doing a fine job, noting that the -4- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 contractor does have to store some automobiles until he can get them shipped. He stated that they are stored in an industrial zone and are not bothering anyone. The City's objective is to get the cars towed from the residential areas. City Manager Cheney stated that he was not sure the contractor was in violation and that the City Attorney would have to make that determination. Mayor Cassandra stated that Mr. Riley was due a response and City Manager Cheney stated that everyone who comes before the City Commission for Public Audience is given a response, noting that the response is usually given at the next meeting. Mr. Hunt had previously responded to Mr. Riley's requests. Mr. Riley said that Mr. Hunt told him that the Codes Enforcement people could not have issued the citation for his car as they do not work on Mondays. Mayor Cassandra stated that Mr. Riley's allegations would be addressed. Acquiring a l2! Foot piece of property William Sturgeon, 644 N.W. First Avenue, stated that he was concerned over a small piece of property located east of his property. He lives at Plat 1, Block 20, less the west 25 feet thereof and the west 371 feet of Block 19. There is a l2! foot strip which separates his property from his neighbor. This property has back taxes since 1983. Mr. Sturgeon stated that he would like to acquire that property so that he could put up a fence, noting that he had maintained that piece of property for the past 31 years. The property is owned by Antonio Velardo. Mr. Sturgeon receives a delinquent taxes due notice on his tax bill every year for this property. He corrects the tax bill every year. City Manager Cheney stated that the City has been reassessing due to past liens on it. He received a memorandum from Bud Howell, Building Official, this date, but did not have time to read it. City Manager Cheney stated that he would have an answer for Mr. Sturgeon in a couple of weeks. There was discussion as to whether these were County or City taxes and City Manager Cheney stated that the County handles all the taxes. Mayor Cassandra stated that Mr. Sturgeon would have an answer by the next City Commission meeting. Mr. Sturgeon thanked the Commission and stated that he appreciated the Commission's interest. Boynton Beach Day Care Center Morton Goldstein, 130 N.E. 26th Avenue, stated that he was speaking as the Chairman of the Community Action Board of Palm Beach County. He thanked City Manager Cheney, Mayor Cassandra, and the Commissioners for their efforts in the -5- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 plans for the Day Care Center. He felt that, when completed, it would be the show place of Palm Beach County and the other cities would be looking at Boynton Beach when making improvements in their day care centers. The children and the people in the community will be recipents of these endeavors. He thanked the City Commission and City Staff for a job well done. Trash Behind property on N.W. 13th Avenue Rev. Douglas Davis, 301 N.W. 13th Avenue, stated that he had followed Mr. Riley's statements closely where he stated that the Codes Enforcement people just work on the weekends in the southwest section. He stated that he did not believe they work at all in the north section, because of the fact they are afraid to come in that area. There are cars still parked beside the road with stickers on them. He asked why he could not get some "Posted" signs behind his house. People are still dumping trash back there. He requested that the City put a fence back there. He proposed to put a fence across his property line. He could not understand why he could not run his property down to the canal and keep it clean. He would put a big gate in so the Lake Worth Drainage people could come in, if they wanted, and agreed to provide a key for them. Rev. Davis noted that he likes to fish and the City has grown to such a point that he can't fish where he wants. There are signs posted along the canal and fences have been put up which prevent him from getting into the area by the C-16 canal down on the south side from the railroad tracks to Congress Avenue. People have put "Posted" signs up along the canal and installed fences. City Manager Cheney stated that the people do not own the land and the people should not be putting up signs. The Lake Worth Drainage District does not prohibit fishing. Mr. Bud Howell, Building Official, stated that the Lake Worth Drainage District has been known to allow people to fence the property in this manner with the understanding that the Drainage District people would be allowed access. He suggested that Rev. Davis speak to the Drainage District and work with them. Rev. Davis again requested that some "No Dumping" signs be posted behind his house to keep the people from dumping trash in that area. Mayor Cassandra requested that City Manager Cheney check into Rev. Davis' concern and see what can be done. As no one else wished to speak, the PUBLIC AUDIENCE WAS CLOSED. -6- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 CONSENT AGENDA: A. Minutes 1. Special City Commission Meeting Minutes of October 30, 1987 2. Regular City Commission Meeting Minutes of November 3, 1987 B. Bids - Recommend Approval - All expenditures are approved in the 1987-88 Adopted Budget 1. Demolition of Dwellings/Structures - 501 N.W. 13th Avenue, Boynton Beach, FL Memorandum of November 12, 1987 from Director of purchasing, William H. Sullivan, recommended awarding this bid to the lowest bidder, Robert F. Gooding, Inc., West Palm Beach, in the amount of $4,128.00. 2. Purchase of One (1) 100 Gallon Chemical Spray Tank - Golf Course The Tabulation Committee recommended awarding the bid to Pifer, Inc., Jupiter, in the amount of $3,910.00 less $350.00 trade-in for a net amount of $3,560.00. See Mayor Cassandra's comments on Page 10 of these minutes. 3. Automobile Surplus Sale - Public Works The Tabulation Committee recommended awarding the bids to the various high bidders on each vehicle. The total comes to $8,361.01. 4. Reroof project - Boat Club House Addition - Recreation By memorandum dated November 9, 1987 the Building Official, Bud Howell, requested approval of M & L Roofing Company, Boynton Beach, in the total amount of $4,730.00. William Sullivan, Director of purchasing concurred with the request. 5. Annual bid for Ball Retrieval/Eight Lakes at Municipal Golf Course The Tabulation Committee recommended awarding the bid to the highest bidder, International Golf, Deerfield Beach, in the amount of $6,100.00 (downpayment to be $1,500.00 with monthly payment of $575.00). -7- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 C. Resolutions 1. Proposed Resolution No. 87-CCCC Re: Release of Surety - AShley Lake Park - Banyan Springs PUD (South of Boynton Beach Boulevard on Military Trail) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF SURETY FOR WATER AND SEWER IMPROVEMENTS FOR ASHLEY LAKE PARK 2. proposed Resolution No. 87-DDDD Re: Final Plat - Hunters Run Tract I (south of Summit Drive, west of Congress Avenue) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FINAL PLAT FOR TRACT "1" AT HUNTERS RUN, BEING A REPLAT OF TRACTS "11" and "1211 AND PORTIONS OF TRACTS 1113", "12" AND "X" OF THE SUMMIT, PLAT NO.1, PLAT BOOK 36, PAGES 48 THRU 51, AS RECORDED IN THE COUNTY CLERKS RECORDS OF PALM BEACH COUNTY D. Development Plans - Previous review of these Development Plans has met the six criteria for Consent Agenda con- sideration. All approvals are made subject to TRB and Staff Comments. 1. Consider request submitted by Jeff Iranvani for the approval of the construction plans and preliminary plat which provides for the construction of infrastructure improvements to serve 101 single- family units in connection with a previously approved Planned Unit Development at the Meadows 300. This project is located on the west side of North Congress Avenue south of Hypoluxo Road. (Meadows 300 PUD) By memo dated November 13, 1987 Carmen S. Annunziato, Planning Director requested this be placed on the agenda. The request was unanimously recommended for approval by the P&Z Board, subject to Staff comments. This item was deleted from the Agenda by City Manager Cheney as it was not approved by the Community Appearance Board. 2. Consider request submitted by Mickey Fiori for approval of an amended site plan to allow for minor changes to building elevations and parking lot layout and design. Oakwood Square is located at the southwest corner of North Congress Avenue and Old Boynton Road (Oakwood Square) -8- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 By memo dated November 12, 1987, from Carmen ~nnunziato, Planning Director, this request was forwared with the unani- mous approval of the P&Z Board, subject to Staff comments. 3. Consider request submitted by E. T. Thomas Construction Company for approval of an amended site plan to permit an addition to the type VIII units. This project is located on the west side of South Congress Avenue, between the LWDD L-28 and L-30 Canals. (Hunters Run Tract D-2 - Cambridge I) In his memo dated November 12, 1987 Carmen Annunziato stated that the P&Z Board unanimously recommended approval of this request, subject to Staff comments. This is approval for the type VIII units only. 4. Consider request submitted by Land Design South for approval of an amended site plan to allow for minor changes to building elevations and landscaping. This project is located on the west side of North Congress Avenue, south of Hypoluxo Road. <Lakeshore at the Meadows) In his memorandum dated November 12, Carmen Annunziato, Planning Director, stated that the P&Z Board unanimously recommended approval of this request, subject to Staff com- ments. E. List of Payments - Month of October, 1987 See list attached. F. Approve emergency purchase order for Square "D" electri- cal components for the relocation of Lift Station 504. This item was deleted from the Agenda by City Manager Cheney as it was covered at the previous City Commission Meeting. G. Consider request submitted by Mr. Albert Rosen of Brenshell Development Corporaqtion for renewal of their construction trailer in conjunction with the construc- tion of "Boynton Estates" located on North Congress Avenue and Redford Drive. Bud Howell, Building Official, recommended approval for 1 year in accordance with Chapter 25, Section 25.7 of the City of Boynton Beach Codes of Ordinance. -9- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 H. Approve repair work on pump at the Ground Storage Tank Memo from John Guidry, Director of Utilities, states that the pump is out of order and requests that repairs be made at a cost of $2,171.81 by Florida Electric, West Palm Beach. William Sullivan, purchasing Agent, concurs in his memoran- dum dated November 12, 1987. I. Approve quotation for Telephone Services - Building and Police Trailers In his memorandum dated November 10, 1987, Hugh McCaffrey, Communications Manager, recommended awarding the contract to Tie Enterprises, Coral Springs, in the amount of $2,529.45 to install cabling and provide telephone service to the Building and Police Department trailers. J. Approve subgrantee agreement extending existing agreement to provide funding for the expansion of Sara Sims Park Remar M. Harvin, CBD, Director, Housing and Community Development forwarded five originals of the proposed amended Agreement between Palm Beach County and the City of Boynton Beach to extend the Agreement for completion of comprehen- sive street improvements to N.W. 10th Avenue, N.W. 11th Avenue and N.W. 4th Avenue, in addition to improvements within Sara Sims Park. K. Approval of Bills See list attached plus the three additions made by City Manager Cheney on page 1 of these minutes, under AGENDA. Commissioner Hester moved to approve CONSENT AGENDA, Items A.l, 2, B.l, 2, 3, 4, 5, C.l (Resolution No. 87-CCCC), C.2 (Resolution No. 87-DDDD), D.2, 3, 4, E, G, H, I, J, and K with three additional bills (Monthly Landfill Charge of $110,293.29, Payment to General Contractor for City Building in the amount of $127,241.90, and Payment of first 50 percent payment to Women's Club in the amount of $12,500.00). Motion was seconded by Commissioner Zibelli. Mayor Cassandra questioned City Manager Cheney on the bid for purchase of one 100 gallon chemical spray tank - Golf Course. He noted that the bid was not awarded to the lowest bidder. Mr. William Sullivan, Purchasing Director, stated that the City had asked for a polyurethane tank and the two other bidders offered a fiberglass stainless steel tank. Also the stainless steel tank required a dry room for chemi- cal application. Mayor Cassandra stated that his concern was that there was no explanation as to why the bid was awarded to the highest bidder. -10- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mayor Cassandra requested that Mr. Annunziato, Planning Director, give an explanation to the Commission on the dif- ference between site plan approval and master plan approval as far as what the Commission gets involved in. He noted that this is on the Consent Agenda and he felt it should be clarified. Mr. Annunziato stated there are several ways the Commission gets involved in what happens in planning and development. Initially, at the time of master plan approval, the Commission is involved in the Land Use decision. Depending upon how much detail is submitted at the time of the master plan, the degree of involvement increases based on information submitted. Depending on the type of product being sold or the method of land development, the Commission is involved. He gave examples, noting that the idea is to involve the City Commission in the decision making process. Vice Mayor Marchese asked with a zero lot line, if the building is permitted to have the 20' on one side rather than 10' on each side. Mr. Annunziato answered affirma- tively. Motion carried 5-0. BIDS A. Five Street Construction project - Engineering This item DELETED from the Agenda by City Manager Cheney as it was not ready for presentation at the present time. PUBLIC HEARING A. Consider request submitted by Cormac C. Conahan, Esquire, for Boynton-JCP Associates, Ltd., and the Lake Worth Drainage District, to annex a 6.92 acre tract of land and an abutting 85 foot wide canal right-of-way (2.787 acres). This property is located on Javert Street at Boynton (C-16) Canal, southeast corner. (Boynton Beach Mall - Annexation).............TABLED Letter from Cormac C. Conahan, Esq. of Hodgson, Russ, Andrews, Woods & Goodyear, Attorneys at Law, requested this be TABLED until December 1, 1987 to allow time for him to prepare a presentation for the County residents. DEVELOPMENT PLANS A. Approve request submitted by Delfin F. Menendez, agent for Intracoastal Developers, Inc., for a modification to the previously approved master plan for the citrus Glen PUD. -11- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mr. Annunziato stated that this is a request to amend the Master Plan for Citrus Glen, Phase I of the Citrus Glen PUD, located on Lawrence Road. A 1st Reading of an Ordinance to annex is on this Agenda. This request results from a request to forward to the P&Z Board an Annexation, Land Use Element and Amendment and Rezoning for Citrus Glen, Phase II. He referred to a large map and pointed out the two annexation requests - Citrus Glen, Phase I and Lawrence Groves. Mr. Miller, the applicant, has Citrus Glen, Phase II and Lawrence Lake under contract. Elementary School P is also in that area and the request for annexation is on the Agenda. The change to the master plan occurred with the changing of the private road to a public road. Its width in right-of-way increased, sidewalks and bike paths were added, and the house lot configuration changed east and west of the road. These changes necessitated a Master Plan amendment. Mr. Annunziato stated that this request is predicated upon the approval of the annexation and was done in this manner to save time. He noted that these requests help to straighten out the City boundary lines, but the County still has some small "pockets" in the area. One such area is Sunny South Estates which is a manufactured home park. He noted that a few homes are already built. The City fur- nishes water and sewer for this area. Mayor Cassandra felt that these people might also want annexation and it has been City policy not to allow mobile homes in the Comprehensive Plan. He felt this would have to be considered. City Manager Cheney stated that the City's service area goes all the way to Military Trail. Mayor Cassandra asked about the density plan for the Lawrence Lake properties and Mr. Annunziato stated that this would be 31 units on 12 acres or 2.5 to 3 units per acre and would be a PUD development. Citrus Glen would be approximately 4.8 and zero lot line. Upon request from City Manager Cheney, Mr. Annunziato added comments from his discussion with Charlie Frederick and the School Board relative to the school site development and the park. When Citrus Glen, Phase I, in connection with the Lawrence Lake project began, he and Mr. Frederick realized a neighborhood park would be needed in that area. Following that, the School Board was considering purchasing property for an elementary school. The property owner (Citrus Glen, Phase II) was contacted and Mr. Miller (Citrus Glen develo- per) took that property under option. This allowed something to be done in connection with land acquisition for recreation and parks purposes. With the school being in that location, Mr. Annunziato talked with them about jointly using their school site. The result is that the elementary school buildings will be located on the western 1/3, leaving the eastern 2/3 for their recreational area. The park lines -12" MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 up with the back of the school lot recreation area. This would generate about a 10 acre park site in connection with the community school concept. In answer to the traffic impact on Lawrence Road, Mr. Annunziato stated that there would be no real problems in that area. He requested that a finding of "No Substantial Change" be found in this case. Mr. Enrico Rossi, representing the applicant, was present to answer any questions. He stated that he had read the Staff comments and accepted them. Vice Mayor Marchese made a motion to accept the development plans for Citrus Glen Master Plan Modification including all staff comments with the determination of no substantial change. Motion was seconded by Commissioner Hester and carried 5-0. B. Consider request submitted by Michael D. Gordon for Intracoastal Development, Inc., to annex a 28.82 acre tract of land located at the southeast corner of Lawrence Road and Miner Road extended. (Citrus Glen Phase II - to be referred to Planning & Zoning Board) C. Consider request submitted by Augustin A. Hernandez for The School Board of Palm Beach County, to annex a 19.23 acre tract of land located at the northeast corner of Lawrence Road and the Lake Worth Drainage District L-21 Canal. (Elementary School "P" - to be referred to Planning & Zoning Board) D. Consider request submitted by Michael D. Gordon for Intracoastal Development, Inc. to annex an 11.521 acre tract of land located at the southeast corner of Lawrence Road and the Lake Worth Drainage District L-2l Canal. (Lawrence Lake - to be referred to Planning & zoning Board) Items B, C, and D are requests for annexation and zoning to be sent to the Planning and zoning Board Public Hearing. Vice Mayor Marchese made a motion that Items B, C, and D be referred to the P&Z Board for Public Hearing on the issues of annexation, Land Use Element, amendment request and rezoning. Motion was seconded by Commissioner Zibelli and carried 5-0. E. Consider request submitted by Luther L. Eubanks, agent for Douglas J. Love, M.D., for a variance to the mora- -13- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 torium on new construction or substantial renovation of buildings on Boynton Beach Boulevard and site plan approval, for the purpose of converting a former builders supply business/office (Ridgeway Plumbing) to a medical office/orthopedic facility consisting of 3,000 square feet of floor space. This project is located at the southeast corner of East Boynton Beach Boulevard and N.E. 1st Street F. Consider request submitted by Luther L. Eubanks, agent for Douglas J. Love, M.D., for a variance to Sections 5-142(f) "Drainage", 5-142(h)(3) "Driveways, 5-142(h)(4) "Back-up Space", and 5-142(i)(2) "Maneuvering" of the Parking Lot Regulations. This pro- ject is located at the southeast corner of East Boynton Beach Boulevard and N.E. 1st Street. Mr. Annunziato requested that Items E and F be combined as they both relate to the same land and request a variance of the Moratorium Ordinance. Item E requested a variance to the Moratorium Ordinance and new construction and major renovations for buildings on Boynton Beach Boulevard coupled with a request for site plan approval. Item F is a request for several variances to the Parking Lot Regulations. This must come before the Commission due to the determination to recommend denial of the parking lot variances by the P&Z Board. He noted that both requests were subject to Public Hearing at the P&Z Board with long discussions regarding each request. Luther Eubanks is the agent for Dr. Love. Dr. Love's request was to take the former Ridgeway Plumbing building located at 1st Street and Boynton Beach Boulevard and convert that building into an orthopedic medical office facility. The building is directly east of the Fire Station. The applicant proposes to meet as best he can the requirements of the Parking Lot Regulations and is asking for permission to remodel the building into medical offices for the purpose of operating his orthopedic facility. The request and the accompanying parking lot variance requests were reviewed by Staff. Mr. Annunziato clarified that the TRB makes a recommendation to the City Manager and the City Manager makes recommendation to the P&Z Board. The P&Z Board accepted the City Manager's recommendation at the Public Hearing and recommended this request be denied. The basis for that recommendation was predicated on the number of variances requested and the need to back out into 1st Street across from the Fire Station, due to the intensive use with a strong potential for growth in an area which is not large enough or suited to the uses proposed. The P&Z Board recommended the parking variances and the moratorium variance be denied. There were several parking lot vari- -14- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 ances, many of which the applicant has attempted to meet, but several he has not addressed. The P&Z Board voted 6-1 to deny the variance requests, thus allowing the City Commission an opportunity to review the requests. Mayor Cassandra questioned City Attorney Rea regarding his feeling that the City Commission, under the new Ordinance, not get involved with variance requests. He felt that if there was not a unanimous vote for approval, the Commission would review the request. He did not recall that less than a unanimous vote for denial would require the request to go to the City Commission. City Attorney Rea stated that he would have to check into the matter, but he felt Mayor Cassandra was correct. Luther Eubanks, 980 N. Federal Highway, Boca Raton, spoke as agent for Dr. Love. He stated that Dr. Love purchased the piece of property with the expectation of being able to con- vert it to medical offices. He made reference to two let- ters from City Attorney Rea (June 3rd and June 5th) which indicate that Dr. Love could go forward with his request. There would be some steps necessary in order to comply in order to have the project approved, but that would seem like a reasonable expectation. They then came to the City with drawings showing the minor interior improvements and the thought of marking additional parking spaces. The Parking Ordinances were in the process of being revised at that time. There are 11 existing parking spaces and they planned to add 4 more to bring the total to 15 as required. The new spaces had to meet the new regulations, which could have meant that part of the building would have to be used as an office building and part as medical. Upon further con- sideration, it was decided that that would not comply under the new ordinance. They assumed it was permissable to use the building as it was because only a few additional parking spaces were required. They were willing to take 1200 square feet of the building and use it as a separate office bay which would have less intensive use. The problem came when everything had to be upgraded with the addition of three parking spaces. Mr. Eubanks stated that the original let- ters never mentioned the possibility that this would have to be done. They have endeavored to meet the requirements, but there is no way they can meet all of them. They removed the exisiting driveway which went out to Boynton Beach Boulevard and made one-way parking coming in at the north end of the site. They further defined the existing parking spaces which were backing out onto Boynton Beach Boulevard and pulled them back from the building in order to give green space to screen the building and make a nice view from the corner. The parking spaces were then defined with landscape breaks. -15- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 They then created a one-way drive going out to the south end of the building. This arrangement created the 15 parking spaces which were needed. This created a driveway of 12.5 feet rather than 13.25 feet in order to give a 5 feet landscape buffer. They have improved traffic flow, improved green space where there is none at present, and the drainage can be improved to accommodate all of the roof drainage and at least 30-50 percent of the site drainage. Mr. Eubanks stated that the intensity would be much less with the doc- tor's office than the existing retail and food service places along Boynton Beach Boulevard at the present time. He pointed out that a person coming for physical therapy would be in the office for a lengthy period and the traffic in and out of the building would not be great. The agent agreed to stay in keeping with the theme of the design for Boynton Beach Boulevard as this would be in the Doctor's best interest as well. He also referred to the possibility that parking relief is being planned for the downtown area in general. He offered to take 1200 square feet and seal it up until the City can work with him to solve the problems. They needed to move forward at least with the 1800 square feet of office space for medical usage, and this would require only 9 spaces. He pointed out there are 11 spaces on the site at the present time. Mr. Eubanks pointed out that they cannot comply 100 percent due to the rule changes, and requested that the City work with them so that they can upgrade the building. Commissioner Hester stated his feelings that since the mora- torium is in effect, they should not grant exceptions to the moratorium. Commissioner Zibelli stated that she was concerned about the traffic coming out onto N.E. 1st. She questioned what would happen with someone trying to get to the doctor's office and the necessity for a fire truck to get out of the Fire Station. The fact that the moratorium is in effect con- cerned her as well, especially since they recently turned down a request from someone else. Mr. Eubanks referred to the letter from City Attorney Rea to Ray Allen which states that, "It is my opinion that Ordinance No. 87-10 in and of itself will not prohibit the interior alterations and face lift which will be necessary to convert this building to a different use." He noted that the statement was lifted out of context, but emphasized that was the stated opinion. From the June 5th letter he read, "Whether the interior alterations and other alterations intended by the new purchaser are in fact of a major nature such a determination can only be made with the required -16- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 specificity upon Staff evaluation of the building plans." He stated that at that point they went ahead and reviewed the plans with the Building Department. The Building Department then referred him to the Planning Department which was in the process of changing the rules for the Parking Lot. He noted that if he had received a response at this point, they would have met the requirements under the old rules. With the delay in processing, they were required to meet the new regulations. City Manager Cheney pointed out that the moratorium was in effect at that time, and Mr. Eubanks stated that he realized that was true and that they would have needed relief from that to proceed. City Manager Cheney pointed out that there would always be a problem in backing up on the road opposite the Fire Station. He pointed out that the City hoped to eliminate that problem when the plumbing company vacated the building. City Manager Cheney asked if Dr. Love had made a contingency purchase. Mr. Eubanks responded that it was a purchase. Joseph J. Love, M.D., 202 East Boynton Beach Boulevard, stated that he was interested in opening an office in the Boynton Beach area. With the help of of a real estate broker, Raymond Dowling, he located the property. Mr. Dowling advised Dr. Love of the moratorium, but felt the building was a good location for the doctor's business. Mr. Dowling referred him to City Attorney Rea. Dr. Love assumed from City Attorney Rea's letters that there would be no major problem. Dr. Love bought the building in June and noted that it had been vacant since March. He stated that he purchased the building in good faith and was willing to do whatever was necessary to open his business. He appealed to the Commission to consider his request. City Attorney Rea stated that he felt the two letters were very clear and he did not understand why Dr. Love did not realize that he had to comply with the moratorium as well as meet the parking. He felt the letters were written in English. Dr. Love stated that the main problem seemed to be with the intensity, and he pointed out that he was told he could open the building as a real estate office but not a doctor's office. Mayor Cassandra stated that all the remarks would be taken into consideration and noted that no decision has been made. Morton Goldstein, 130 N.E. 26th Avenue, spoke in favor of Dr. Love's request. He asked how many accidents had happened in front of the Fire Station and City Manager Cheney stated that he did not know. Mr. Goldstein stated that there have been none to his knowledge. He stated that City Attorney -17- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Rea's letters to Mr. Allen were misleading. He pointed out that Dr. Love is an orthopedic surgeon who treats about 50 patients in Boynton at the present time. He is the only orthopedic surgeon who takes assignments, which is a rare thing today. He felt this fact should be considered when voting on the issue. He referred to the three story parking garage proposed to be located half a block from the pro- perty. The building is situated in the middle of the pro- perty and there is nothing that can be done with it, unless another plumbing store is put in, to comply with the Ordinance. Mr. Goldstein requested that the City write a letter spelling out exactly what the doctor was required to do. The doctor was willing to sign a statement that he would comply with whatever is necessary to open up his office, regardless of cost. The building is an eyesore as it sits now. He urged that the Commission vote for what would be beneficial to the City and the people and not just look strictly at what the Ordinance says. Dr. Frank J. Panarelli, Jr., Chiropractic Physician, 508 N.E. Boynton Beach Boulevard, spoke in favor of granting the request. He stated that Dr. Love had called him and asked if Boynton Beach would be a good place for him to open a practice. He noted that he had referred many people to Dr. Love. He noted that Dr. Love shows great concern for the people even when they do not have money to pay for his ser- vices. He also asked why the City is able to build and everyone else is prohibited from doing so. Mayor Cassandra pointed out that before the City built, the people were con- sulted. The City started to build with the consent of the people. Dr. Panarelli pointed out that the rules had been changed on Dr. Love. He also noted that City cars are being parked at Dr. Love's building at the present time. Mayor Cassandra stated that the Commission is considering City Code and nothing else should matter. He stated that any disagreement over what City Attorney Rea said to Mr. Allen would be considered by the Commission. He noted that the Commission is concerned about the development of the City. He pointed out that there are five variances requested. He felt that some of them could possibly be solved if the Commission decided to table the request at this time. Dr. Panarelli asked what could be opened at that location and Mayor Cassandra stated that he would not answer that question. He noted that in order to come into compliance could even require that the building be moved and he felt sure that was not possible. Carl Ragnatt, 2217 N.E. 3rd Court, stated that he had an accident which required that he have surgery. He is a Dr. Love's patient. He felt that Boynton Beach would bene- -lA- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 fit from having a doctor such as Dr. Love in the community. He pointed out how difficult it was to obtain transportation to get to a specialist from the Boynton area. Dr. Love referred to the fact that at the present time the parking lot at his building is being used by others and there have been no accidents to his knowledge. He appealed to the Commission that he be treated fairly. Commissioner Hester moved to TABLE this request to see if an amicable agreement can be worked out. Vice Mayor Marchese seconded the request. He stated for the record that the Staff and the Boards had done an excellent job. Circumstances do change but he stressed that the Ordinances must be obeyed in order to have a civil government. There must be a set of rules. He stressed that he wanted Dr. Love to get together with the various Department Heads to see what can be worked out. The City needs Dr. Love's services, but the rules must also be obeyed. Mayor Cassandra pointed out to Dr. Love that by tabling his request, there was no guarantee what the Commission would decide.O He did not want him to be misled. Motion carried 5-0. Mayor Cassandra stated that next time around everyone would have an opportunity to speak. After a short break, the meeting resumed at 9:25 P. M. LEGAL A. Ordinances - 2nd Reading - PUBLIC HEARING 1. proposed Ordinance No. 87-9B Re: Guidelines for Renting Apartments in the City of Boynton Beach (Amended) City Attorney Rea read proposed Ordinance No. 87-9B on 2nd and Final Reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING SECTION 13-3, 13-4, 13-5, l3~16 AND 13-22 (492); PROVIDING FOR PROOF OF RECEIPT OF A RENTAL GUIDELINE FOR LANDLORDS AND TENANTS FOR NEW AND RENEWAL LICENSES; PROVIDING NON-ABROGATION OF MORE STRICT ASSOCIATION RULES; PROVIDING NEW LICENSE SUSPENSION AND REVOCATION PROCEDURES; PROVIDING A NEW LICENSE TAX SCHEDULE FOR RENTALS; PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. -19- (( , .~ '.-C ri~ .l \. I 'i'C)' {.} .\ ! , I / f . .- I i:jrfJ.J c( ('1 ~./. J ..- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mrs. Michelle Costantino, 155 Flamingo Drive, spoke in favor of the Proposed Ordinance. She stated that she started with this project from the beginning and felt that progress had been made, but not enough. She noted that neighbors to the north and the south have similar ordinances on their books. She did not want to see Boynton caught in the middle and requested that this Ordinance be approved. As no one else wished to speak for or against Proposed Ordinance No. 87-9B THE PUBLIC AUDIENCE WAS CLOSED. Commissioner Hester moved that Proposed Ordinance No. 87-9B be approved on 2nd and final Reading. Motion was seconded by Vice Mayor Marchese. City Clerk, Betty Boroni took a roll call vote as follows: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 87-40 Re: Amending the Land Use Element Woolbright Professional Center City Attorney Rea read Proposed Ordinance No. 87-40 on 2nd and Final Reading by title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND USE DESIGNATION BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO OFFICE COMMERCIAL: PROVIDING A SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS: PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES. Mr. Wilbur J. Lynch, 1912 S.W. 16th Avenue, President of the Boynton Leisureville Community Association, spoke in favor of the medical professional building to be built on Woolbright Road and abutting Leisureville. The community feels that this is the best usage of the land and an asset to the people living there. He stated that the residents felt it would be foolish to hold the land residential as the size of the tract would not permit the type and style of those homes already built in their area. The developer has -~o- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 assured the residents in writing of his intentions of buff- ering, landscaping, type, size, and height of the building. As no one else wished to speak in favor of the request, and no one wished to speak against it, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese made a motion to Ordinance No. 87-40 on 2nd and Final Zibelli seconded the motion and Mrs. vote: approve proposed Reading. Commissioner Boroni took a roll call Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Nay Aye Aye Nay Motion carried 3-2. 3. Proposed Ordinance No. 87-41 Re: Rezoning- Woolbright Professional Center AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM R-IAA (SINGLE-FAMILY RESIDENTIAL) TO C-l (OFFICE/ PROFESSIONAL); PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS: PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. A~ no one wished to speak for or against Proposed Ordinance No. 87-41, THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved approval of proposed Ordinance No. 87-41 on 2nd and Final Reading. Motion was seconded by Commissioner Zibelli and Mrs. Boroni took a roll call vote: Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Nay Aye Aye Nay Aye Motion carried 3-2. -21- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 B. Ordinances - 1st Reading 1. Proposed Ordinance No. 87-42 Re: Amendment to Noise Ordinance City Attorney Rea read proposed Ordinance No. 87-42 on 1st Reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15, OFFENSES - MISCELLANEOUS", ARTICLE I. "IN GENERAL" BY CREATING A NEW SECTION 15-17, COMMERCIAL ESTABLISHMENTS; BY PROVIDNG FOR EMPLOYEES TO BE ON DUTY BETWEEN THE HOURS OF 10:00 P.M. and 7:00 A.M. AT CERTAIN COMMERCIAL ESTABLISHMENTS; BY PROVIDING EXCEPTIONS; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Zibelli moved that Proposed Ordinance No. 87-42 be approved on 1st Reading. Motion was seconded by Vice Mayor Marchese. Mayor Cassandra stated that this would only address part of the problem, that of the car wash. The problem with Shooters would still exist. He requested to see the PD Technical Manual so that he could review it and recommend. He requested to meet with someone in the Police Department to determine if there was something to supplement the code. Mrs. Boroni took a roll call vote: Vice Mayor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Aye Aye Aye Aye Aye Motion carried 5-0. 2. Proposed Ordinance No. 87-43 Re: Moratorium Extension City Attorney Rea read Proposed Ordinance No. 87-43 on 1st Reading in title only: AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 87-10 BY EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OR ALTERATION OF BUILDINGS AND STRUCTURES BETWEEN THE WESTERN BOUNDARY OF THE CENTRAL BUSINESS DISTRICT OF THIS CITY TO THE EASTERN BOUNDARY OF THE I-95 CORRIDOR ALONG BOYNTON BEACH BOULEVARD; BY AMENDING SECTION 4 -22- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 OF SAID ORDINANCE TO EXCLUDE APPLICATION OF THE MORATORIUM WEST OF THE 1-95 CORRIDOR TO THE WESTERN CITY LIMIT; BY AMENDING SECTION 7 OF SAID ORDINANCE TO CONTINUE THIS MORATORIUM; PROVIDING FOR AUTOMATIC REPEAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Hester moved the approval of proposed Ordinance No. 87-43 on 1st Reading. Motion was seconded by Vice Mayor Marchese. Mayor Cassandra stated for the record that the Public Hearing on the proposed Boynton Beach Boulevard would be on December 1, 1987 at the Regular City Commission Meeting. Mayor Cassandra noted that this might be the end of the moratorium. Mrs. Boroni took a roll call vote: Commissioner Hester Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Aye Aye Aye Aye Aye Motion carried 5-0. 3. proposed Ordinance No. 87-44 Re: Annexation - Van Hezewyk Tract City Attorney Rea read proposed Ordinance 87-44 on 1st Reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCE TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. -23- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Commissioner Hester moved to approve proposed Ordinance 87-44 on 1st Reading. Motion was seconded by Vice Mayor Marchese. A roll call vote was taken by Mrs. Boroni: Commissioner Mann Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Aye Aye Aye Aye Aye Motion carried 5-0. 4. Proposed Ordinance No. 87-45 Re: Annexation- Knollwood Groves City Attorney Rea read Proposed Ordinance No. 87-45 on 1st Reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. Vice Mayor Marchese moved the adoption of proposed Ordinance No. 87-45 on 1st Reading. Motion was seconded by Commissioner Zibelli. Mrs. Boroni took a roll call vote: Commissioner Zibelli Mayor Cassandra Vice Mayor Marchese Commissioner Hester Commissioner Mann Aye Aye Aye Aye Aye Motion carried 5-0. -24- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 5. Proposed Ordinance No. 87-46 Re: Require four Commission votes to amend City Comprehensive Plan City Attorney Rea read Proposed Ordinance No. 87-46 on 1st Reading in title only: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA, TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 24 OF THE CHARTER TO PROVIDE THAT AMENDMENTS TO THE CITY'S COMPREHENSIVE PLAN WHICH CHANGE THE USE OF LAND TO A COMMERCIAL CATEGORY SHALL BE ADOPTED BY THE AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-FIFTHS OF THE CITY COMMISSION MEMBERSHIP; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COpy OF THE ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Commissioner Hester moved to approve proposed Ordinance No. 87-46 on 1st Reading. Motion was seconded by Vice Mayor Marchese. Commissioner Zibelli stated that she had a problem with the 4/5 vote. She felt that a 4/5 vote would allow the minority to rule the vote. Mayor Cassandra reminded her that they were speaking of land use. Commissioner Zibelli noted that everything in our country is run by a majority vote. Mayor Cassandra stated that one of the problems was that every time there is an election, there is a play by people to get three votes to move something along. This has become a political issue. He noted that the City has a $15,000,000 lawsuit against it because a land use issue had become a political issue. He thanked Commissioner Zibelli for her input and stated that he did not necessarily disagree about the minority vote. He noted that when only three Commissioners are present at a meeting, two people can decide the issues. Vice Mayor Marchese stated that he felt this Ordinance, over the long haul, is a good one and is best for the City. Mayor Cassandra stated that the people will decide this in a referendum. Mrs. Boroni took a roll call vote: -25- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Mayor Cassandra Vice Ma'lor Marchese Commissioner Hester Commissioner Mann Commissioner Zibelli Aye Aye Aye Aye Nay Motion carried 4-1. C. Resolutions: None D. Other 1. Consider Water Service Agreement for Trail's End Plaza This item was deleted by City Manager Cheney. OLD BUSINESS A. Select Advisory Panel to Community Relations Board Gloria H. Skinner, 806 N.W. 4th Street, President of Concerned Citizens for the Betterment of Boynton Beach, reaffirmed their position as being in favor of the Commission appointing an Advisory Panel. She felt by creating this Panel, a specialized group could adequately investigate the many concerns of the black community. She feared that without the panel any program developed might be misdirected or inappropriate to deal with the problems. She stated that they meant no ill will toward the Community Relations Board (CRB) and noted that there are many fine citizens who serve on this Board and many are friends of hers. She reiterated her concern over the problems in the community. She clarified that by their absence at the CRB Special Meeting, the Concerned Citizens did not intend this to be taken as a boycott of the meeting. They notified the City Manager by telephone and in writing, giving him adequate time to cancel or postpone the meeting. Ms. Skinner has spoken with the Chairwoman of the CRB and apolo- gized for the misinterpretation of their absence by the newspaper. Some of the citizens at the October 30th meeting stated that they had no problem in speaking with the CRB, but she feared that when they got into the actual investiga- tion, there must be individuals who are familiar with police procedures and human relations problems. She asked that the Panel be appointed to serve with the CRB. They want all of the problems looked into, and not just the police brutality. This item brought them the attention they needed to bring the other issues to the surface. She asked -26- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 that the Commission strongly consider appointing the Panel. She noted that the tension is even evident in the elementary schools. There are more fights among the children. She thanked the Commission for their time and attention. Mayor Cassandra stated that his direction to the CRB was to address all issues and not just the police brutality. He noted that he was approached by a CRB person asking that an outsider, such as a representative of the Department of Justice, be a mediator for the problems in this area. Mayor Cassandra stated that he met with Mr. Tommy Battles after the Health Fair. They spent many hours talking to be sure that Mr. Battles was competent to address all areas. Mayor Cassandra was impressed with his abilities and offered a suggestion. He requested that the following approach be taken: The City would officially invite the Department of Justice Representative (Tommy Battles) to become the Mediator and investigate all concerns of the community involved. He recommended a board made up of the following: 2 people from the Concerned Citizens for the Betterment of Boynton Beach, 2 people from the North Boynton Community Improvement Association, 2 people from the Ministerial Service, 2 people from the Community Relations Board, and 2 people from the Chamber of Commerce. This board would meet in private. After they meet, if a task force is still needed, one can be appointed. Mayor Cassandra expressed his feeling that the Commission should not be involved at this point. He recommended that the people take this route in a spirit of cooperation. He stressed the need to move now on the problem. Ms. Skinner clarified that Mr. Battles would be at the meetings and Mayor Cassandra assured her that he promised to be at every meeting the committee sets up. Mayor Cassandra stated that he would arrange for a place for the meetings. Commissioner Zibelli thanked Violetta Wright for bringing Mr. Battles' name to the Commission. She also reiterated that the Commission is involved in creating a better com- munity for the citizens. She referred to the paint-up, fix- up program as well as some of the other plans being considered, as well as the fact that the City has put up $350,000 to assist in the projects. In answer to Commissioner Hester's question, Ms. Skinner stated that she was agreeable to working with Mr. Battles and the group suggested by Mayor Cassandra. Ms. Skinner stated that she had spoken with Mr. Battles and she felt comfortable in pro- ceeding along those lines. Commissioner Hester stated that he felt that before words are spoken, the person should get the story straight. He noted that this is not a black and white issue but a Boynton issue. -27- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Vice Mayor Marchese stated that he felt Mayor Cassandra's suggestion was excellent. He noted that the City must move ahead and do it quickly. Mayor Cassandra welcomed Mr. Sam Wright and his family to the meeting and noted that he had tried to figure a way to black businesses and black monies into the City when he was on the Council. That is one of the suggestions Plantec made to the City in their plan. City Manager Cheney suggested that November 24, 1987 would be a good time for Mr. Battles to meet with the group. He requested that the names be given to him so that he could set the meeting up. Mr. Battles requested that the group be finished with their investigation by December 15, 1987 so that he could recommend things that the City should do and things the Community could do. He could also recommend if he felt a task force was necessary by that time. City Manager Cheney stated that Mr. Battles prefers that the meetings be held at night. Commissioner Hester made a motion to approve Ms. Skinner as President of the Committee. Motion was seconded by Commissioner Zibelli. City Manager Cheney urged the repor- ters to allow the group to meet in private and to refrain from asking the members any questions. Mayor Cassandra thanked Ms. Skinner for the spirit of cooperation. NEW BUSINESS None ADMINISTRATIVE A. Consider replacement to fill vacant alternate position on Community Relations Board - Term expires April, 1988 - Appointment to be made by Commissioner Ezell Hester, Jr.----------------------------------------TABLED Commissioner Hester made a motion to remove thia item from the table. Motion was seconded by Vice Mayor Marchese. Commissioner Hester recommended that Arline Weiner be appointed to fill the vacant alternate position on the Community Relations Board. Motion carried 5-0. B. Set Date for Public Hearing - Las Palmas Landing, Variance and Exceptions request from Subdivision and Platting Ordinance, Appendix C of the City Codes. -28- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 Vice Mayor Marchese made a motion to set the date for the Public Hearing for Las Palmas Landing for December 15, 1987 at the Regular City Commission Meeting. Motion was seconded by Commissioner Zibelli and carried 5-0. C. City Manager Salary---------------------------TABLED Vice Mayor Marchese made a motion to remove this from the table. Motion was seconded by Commissioner Zibelli and carried 5-0. Vice Mayor Marchese moved to set the salary for City Manager Cheney at $69,000 per year effective October 1, 1987. He noted that this is approximately a 4 percent increase over last year's salary. Commissioner Mann stated that he felt this amount was too low. He referred to the fact that the City Attorney's salary was approved at the last Commission Meeting at $72,000 ($62,000 + $10,000 for his CRA work). It was his feeling that the City Manager should receive a larger salary than the City Attorney. Mayor Cassandra pointed out that the $10,000 for CRA would likely be taken away from the City Attorney. He suggested that the motion could be amended to state $69,000 with a review in six months. Commissioner Hester stated that he felt the City Manager is responsible for all the people in the City and his salary should reflect that. He stated that he felt city Manager Cheney was a good manager and did not want to lose him. He suggested that he be paid comensurate with his duties. There was some discussion regarding City Manager Cheney's pension and other benefits. Mayor Cassandra noted that these other benefits should not be considered as City Manager Cheney has had these benefits all along. There was more discussion. Vice Mayor Marchese amended his motion and suggested that the City Manager's salary be set at $72,000 effective October 1, 1987. Motion was seconded by Commissioner Hester and carried 5-0. ADJOURNMENT There being no further business to come before the Commission, the meeting adjourned at 10:20 P. M. -29- MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ~~ Cljj).I)A11ry--- Recor Secretary (Three Tapes) -30- ,; ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 tenance of the pipe where it goes underneath the wall. -The P&Z Board unanimously recommended approval. Mr. Annunziato added that the easement lies directly east of the retaining wall where you drive up to the doorway. Mayor Cassandra said anyone wishing to speak for or against the request could do so now. There was no response. THE PUBLIC HEARING WAS CLOSED. Commissioner Hester moved to approve the request, subject to staff coments, and subject to the requirement that the appli- cant file a hold harmless agreement for the maintenance of the pipe where it goes underneath the wall. Vice Mayor Marchese seconded the motion, and the motion carried 5-0. C. Consider request submitted by Kieran J. Kilday, Agent for the J.C.F. Partnership, for an amendment to the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Office Commercial and rezoning from R-1AA (Single Family Residential) to C-l (Office/ Professional) for the purpose of allowing construction of a 26,550 square foot professional/medical office complex, consisting of two separate buildings. The size of this parcel is 2.7 acres, and it is located at L.W.D.D. E-4 Canal and Woolbright Road, southwest corner Mr. Annunziato referred to the history of the parcel. In the 1979 Comprehensive Plan, it was recommended for Office and Professional Commercial. At the time of the zoning hearings, the Commission instructed the Planning Staff to revert the land use back to Residential, which they did. The City was sued, and at that time the Judges ruled in favor of the City, and the zoning remained. Following that ~ event, there was a request to put an adult congregate living facility/nursing home on the site with 86 units. That request came to the Commission with a positive recommenda- tion, but it was recommended that the unit count be reduced to 50. Mr. Annunziato said the site occupies frontage on Woolbright Road. A dead end private street abuts this property from the south and could be developed as Residential in Section 10 of Leisureville, if the property owners agreed it could be incorporated into that development. The City Staff concluded that the request was reasonable, given the conditions that exist today, which allow the City Commission to approve these kinds of actions with conditions. -32- r ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 I Mr. Annunziato said this is one of those issues that could go either way. He thought the property could be developed residentially, and it could obviously be developed in the form that was being requested. The impacts were approxi- mately the same for sewer and water. However, the impacts for traffic were greater under the commercial proposal. One recommendation came from the Traffic Engineer, and that was to extend the left turn lane for the west bound traffic to serve the site. The P&Z Board recommended that the request be denied on the basis of a 4-3 vote. Mayor Cassandra commented that normally, the Commission gets a traffic report. He could not accept the word, "minimal", based upon the history. Mayor Cassandra thought Gene Moore was the Attorney at the time of the request for 86 units. The traffic impact at that time was a problem. He asked why the traffic impact was not a concern now. At that time, Mr. Annunziato said they were not asking for a change to the Comprehensive Plan but were asking to develop under the Moderate Density Residential category. At that point, the applicant was confined to meeting the intensity requirements. Here the applicant was requesting an increase in the intensity of land use. Mr. Annunziato advised that the Code requires a full blown traffic impact analysis where 3,000 trips per day are generated or 250 peak. hour trips. For a project of this type, if it was all medical, it would be 55 trips per 1,000 square feet, which would be a peak movement of about 15%. If it were all office, it would drop to approximately 15 trips per 1,000 square feet. Mr. Annunziato said the City has a traffic impact analysis, but the evaluation is the -' impact on Woolbright Road. Because the numbers are not heavily generated, they suggest that Woolbright Road can accept that traffic. Mr. Annunziato informed Vice Mayor Marchese that the new Local Government Comprehensive Plan and Redevelopment Regulation Act clearly states that permits for land develop- ment can be issued with conditions, but it has not been tested in the Courts. Some people might consider that to be contract zoning, but the Statutes do provide for that. Commissioner Mann asked why the Planning Staff recommended the intrusion into a residential area with a commercial site. Mr. Annunziato said the Planning Staff attempted to explain the reasoning under "Issues/Discussions" in their -33- ~ ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 report. One of the areas they attempted to evaluate was the impact on the development and whether or not the development had an adverse impact on surrounding properties. Given certain conditions, it could have an adverse impact, but given some conditions of mitigation, such as properly located walls, lighting shining away from the single family homes, and conditions with respect to height, it appeared that the negative aspects, as they related to the site and specifi- cally its location, could be mitigated. Mr. Annunziato stated that the Planning Staff also believes the property can be developed residentially. Commissioner Mann questioned whether it was going to be the policy of the Planning Department to go into a residential area and, on occasion, under a certain set of circumstances, recommend rezoning it to Commercial. Mr. Annunziato answered, "No", and added that this set no precedent. Because of extenuating circumstances that evolved around the City and him, Mayor Cassandra stated that in no way could he approve this commercial property at all. He raised the following for the Commission to consider: 1. The City went through an Evaluation and Appraisal (E&A) and many meetings of the P&Z Board, as well as the Commissioners, and it was agreed at that time that this should stay as residential property. 2. At the P&Z Board, when the applicant came up, he made a statement for the record that this was strictly for speculation. Mayor Cassandra was concerned about land use element changes for the economic reasons of the applicant. In his opinion, that was what they were doing right now. If the applicant speculates to develop the land 50/50, and there is no guarantee that it will be all medical or non-medical, and he is living with empty spaces, it was Mayor Cassandra's bet that if the appli- cant is a smart business man, he will sell the property rather quickly to someone else. Once the Commission approves the C-I zoning, Mayor Cassandra wanted them to understand that whatever conditions the appli- cant says he will meet, the new buyer will not have to meet the legalities, and there can be another 30 foot building like the one they heard about tonight. He expounded and added that once they zone the land, they cannot take it back. -34- .. ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mayor Cassandra said all of the Leisureville residents here tonight saying they want something better than an empty lot might not know if the empty lot is the best thing to have. Mr. Annunziato added that some sentiment was expressed by Members of the P&Z Board that these kinds of changes should occur in comprehensive planning programs. Mayor Cassandra felt that might be the way to go, if the applicant could wait for the City Staff to go through a comprehensive analysis and then made a comprehensive change. Mayor Cassandra asked how binding it would be if the appli- cant promises to build a one story level. City Attorney Rea answered that the State Statutes allow for placing conditions on rezoning. The question is, how long do they extend. Theoretically, they should remain with the parcel. They would run with the land, so to speak. The question is again whether those conditions bind future Commissions and ultimately what happens. Mayor Cassandra asked if it would bind future buyers. Mr. Annunziato replied that they think it will. Vice Mayor Marchese stated that he has attended every meet- ing Leisureville had and last Tuesday was the first time he heard someone speak in opposition. The people in Leisure- ville that are affected are strongly for this. Some people in the audience protested. It seemed to Vice Mayor Marchese that the people were in favor of a project of this type, and it would not hurt the City in any way. He saw no reason why it could not be supported. Vice Mayor Marchese commented that all of life is speculation. Perhaps some people are opposed to it, but he did not see them at all of the meetings that took place. Vice Mayor Marchese was in favor of it. He lives in Leisureville and wanted something to happen to the property that he could be comfortable with. '- Mayor Cassandra asked if anyone wished to speak in favor of the request and suggested that Kieran Kilday, Agent, speak later so he could respond to the people. Peter Esser, 1395 S. w. 17th Avenue, asked the Commission to consider favorably the request. The place is rat infested, and he killed eight rats in his back yard over a period of four months. Therefore, Mr. Esser said the property would have to be rid of rats before construction starts because the construction will chase the rats to the residents. Mayor Cassandra thought the canals also bring rats. Even after a building is put up, he thought they would still have problems with rats. -35- ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Wilbur J. Lynch, 1912 S. W. 16th Avenue, spoke as President of the Boynton Leisureville Association and was in favor of the request, as he felt it would be the best possible use the parcel of land could be put to. Mr. Lynch felt it was inconceivable that anyone would want to build single family homes in the area, across from existing commercial. Doctors offices will be a help to the people in Leisureville and the surrounding areas. Mr. Lynch said the developer assured them in writing that he would landscape, buffer, and take care of the pest infesta- tion on the property. The developer also stated, in writing, that if the zoning change was granted, the only thing to be built on the tract will be a medical/professional building. Mr. Lynch handed a package to the Commissioners which included a letter from the developer stating his intentions, the dates of two meetings that were held in Leisureville concerning this project, and he said he would go along with what Vice Mayor Marchese said about the feedback from the meetings. Mr. Lynch said his Board was in favor of the change, and they felt a majority of the people in Leisureville were in favor of the change. He understood what Mayor Cassandra said but thought the land had laid fallow for so long, that it was an eye sore. Mr. Lynch felt the developer would stick to his word. Under those conditions, he urged the Commission to grant the request. There were further comments by Mayor Cassandra and Mr. Lynch. Mayor Cassandra informed Mr. Lynch that the application said Mr. Lynch was hoping 50/50. Mr. Lynch was aware of what the application said. Mayor Cassandra was concerned that if the ~, doctors do not come in, they will not have a medical complex. If they cannot get doctors to go there, Mr. Lynch did not think there would be concern if a lawyer went there. He did not think the people of Leisureville would object. There were more comments. Mayor Cassandra asked if anyone wished to speak against the request. Catherine Thompson, 1407 S. W. 17th Avenue, said the residents who live in Boynton West Leisureville, adjacent to the property, were opposed to the rezoning. They bought their homes in good faith in a residential community nine or ten years ago. Since that time, the surrounding property has been commercialized and developed. They have been able to -36- ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 adjust to most of the commercial properties because, in each case, the property is separated by a wide canal. However, the property now under consideration abuts their back yards, and there is no canal to serve as a buffer. If the rezoning is improved, Ms. Thompson said it can only result in lowering the value of their homes. Once rezoned, it will open up the possibility for any type of C-l zoning, regardless of the submitted, proposed plans, and it opens up the possibility of resales of property purchased as residential and then available for resale as commercial. Ms. Thompson stated that there was also the possibility of future commercial bankruptcy without sufficient residents to support them, and she called attention to the vacant offices in a four story building and other stores and office space in pylon Industrial Park on Woolbright Road with an additional building planned. There is zoned and proposed a two story professional medical building on the north side of Woolbright Road at 22nd Street. There are two unoccupied four story office buildings below S. W. 22nd Street west of the canal, next to Sun Bank. Ms. Thompson hoped the Commission would not change property currently zoned as residential in the master Comprehensive Plan and create commercial property, especially adjacent to single family homes. She emphasized that the Boynton Beach Leisureville Board of Directors, who appeared in favor of the change, did not speak for them. None of the Directors reside near the property. Kieran J. Kilday, Landscape Architect and Planner, Kilday & Associates, 1551 Forum Place, Suite 100A, West Palm Beach, ~ said he would try to address the issues that came up at the P&Z Board meeting, as all of the Commissioners were there. With him were Steve Elliott, Attorney on the project; Kirk Stetson, Architect who prepared the rendering and will work on the final plans; Keith Stuller, who handled the real estate transaction; Robert Banting, of Anderson & Carr, West Palm Beach, who was to look at some of the concerns regard- ing the feasibility of the future development of the property. Mr. Jingoli was also present, and Mr. Kilday said the property is now owned by the Jingoli Family Trust. Mr. Jingoli is also a resident of Hunters Run. Mr. Kilday elaborated about the Jingoli family. He said Mr. Jingoli being at the P&Z Board meeting and this meeting was only indictative of the time he intends to spend being here, working on the project. -37- ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Unfortunately, Mr. Kilday said the word "speculation" came up. He explained that they are prepared to proceed immedi- ately on this project. Mr. Stetson was authorized to provide all working drawings, and the property will be built as quickly as they can obtain working permits. Normally, when you hear speculation, a guy comes in to rezone property, turn around, and sell it to someone else and get a profit. Mr. Kilday assured the Commission that was not Mr. Jingoli's intent. When Mr. Jingoli was talking last week, what he was saying was that he plans to "stick with the property" and own the property until it is leased. Mr. Jingoli is aware of the vacancy rates, but Mr. Kilday said Mr. Jingoli also had a market study done to see why there are vacancies in some of the other building in the area. Because of this specialty type center, low scale, and smallness of the center, Mr. Jingoli feels confident that he can fill it up. Mr. Kilday referred to the comment about empty stores. If they get the approval from the Commission tonight, they will still have to come in for site plan approval. The center is being designed strictly as an office building, so there will be no store front look to it. It will be set up with interior corridors and with only limited windows because of the nature of the businesses in it. It is not a situation where something will be built, and they will come back and say they wanted C-l, could not seem to rent it, and want to open their options later. Mr. Kilday pointed out that the actual physical design of the building would prevent its use for anything else but this. He said the Commission can guarantee it when they see the final plans of the building. ~ Mr. Kilday said the property has been sitting there for a long time because of its location. He was involved with it, on behalf of the City, in 1980. The rules that allowed Leisureville to be built changed and what could be built on the property would be a lot almost twice the size of the Leisureville lot. Mr. Kilday said the possibility of access through Leisureville is questionable at best. The current access through the Leisureville roads is substandard, according to the City's development regulations. Mr. Kilday said all of those factions combined through the years to say that, in all probability, resididential single family in the practical world is not feasible on this site. That being determined, they looked at the other possible changes and came up with the C-I use and with the knowledge that conditions could be placed upon the property. -38- ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 Mr. Kilday said C-l is the most restrictive use in the City. It allows for office type uses which open at 9:00 in the morning and close at 6:00 at night. They are generally closed on Saturdays and Sundays. Therefore, they can be amenable to residential single family around them. The C-l seemed to be a good use if it could be properly restricted, and Mr. Kilday believed it could be. Mr. Kilday drew attention to the plan and said it will be one single story building. The corridors will be interior air-conditioned corridors. The height of the roof will be 13 feet. In order to hide the air conditioning, the parapet on the roof will rise to a height of 16 feet, 8 inches. Mr. Kilday said they would bring the various specific facts and figures up because they could live with those conditions even as of tonight. Mr. Kilday thought the wall they proposed around the build- ing would provide additional security, as well as separation between vehicular parking. Their intent is that the bottom row of parking, which will be adjacent to the residents, will be designated for employee parking so there will not be traffic going in and out. In terms of where the property is, Mr. Kilday told Commissioner Mann it is the last piece out there that is undesignated. Probably, if it was not for that situation, C-l would be very questionable on it, but they saw it as a situation where they have C-l on one side, across the street, and very limited definite access out onto Woolbright Road. Based on that, Mr. Kilday asked for the Commission's approval. He thought he had summed up concerns about the feasibility of a single family development on the property. '. Mayor Cassandra asked if the driveways were according to Code. Mr. Annunziato replied that the driveways were consistent with the Code. If the Commission so desires, do they first vote for the rezoning and then go through the Comprehensive Plan procedure. If the Commission desired to approve the request, Mr. Annunziato said the next step would be for them to advise the City Attorney to prepare two Ordi- nances. One would amend the Land Use Element of the Comprehensive Plan, and the second one would be to rezone. Because of the size of the tract, it does not have to go to DCA but can be approved through normal procedures after proper advertising. The City reports to DCA twice a year on what they call small project approvals, and this would fall under that. It would not be reported until it was completed. -39- ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 If it completed after December 1st, it would not be reported in the December 1st submittal. As no one else wished to speak for or against the request, THE PUBLIC HEARING WAS CLOSED. Vice Mayor Marchese moved to approve the request, seconded by Commissioner Zibelli. Mayor Cassandra said the motion should be subject to conditions. City Attorney Rea inter- jected that the City would make it subject to conditions regarding the height and concrete block wall separations as contained on page 3 of the memo from Mr. Annunziato, Planning Director, to the P&Z Board, dated September 22, 1987. Mayor Cassandra asked if the comments said one level. City Attorney Rea answered that the memo says "one story {IS feet).1I According to the Comprehensive Plan, Commissioner Mann said the land is zoned Residential. The only way you can change the Comprehensive Plan is if there is a mistake. If the Commission has any integrity at all, Commissioner Mann emphasized that they had to stay within the law and added that to rezone the site from Residential to Commercial for no reason other than economics would IIshoot the Compre- hensive Plan apart. II He remarked that it was another case of spot zoning, and he urged the Commission not to rezone the property. Vice Mayor Marchese referred to a property at Seacrest and 23rd Avenue, which was rezoned from Residential to Commer- cial two weeks ago. Commissioner Mann questioned whether Vice Mayor Marchese recalled the discussion at that time. Vice Mayor Marchese thought the City was composed of people ~ and said the majority of people affected by this piece of property were in favor of it, which was good enough for him. He stated that he had the authority to make a change in the Comprehensive Land Plan Use. By using that mechanism, there was no way anyone could say the Commissioners did not know what they were doing. Commissioner Mann asked if Vice Mayor Marchese could support that majority statement. Vice Mayor Marchese replied, "Absolutely, because he was there." Commissioner Mann asked Vice Mayor Marchese if he heard Ms. Thompson's comments. Vice Mayor Marchese answered that Commissioner Mann heard one lady, but he heard over 150 people speak. On the one story building, in the staff report, Mr. Kilday observed that it said 15 feet. He informed the Commission -40- <. ( ( MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 20, 1987 that the building height is 13 feet, but the parapet height is 16 feet 8 inches so they can hide the air conditioner. A man in the audience was told by Mayor Cassandra that he could not speak because of the parlimentary procedure, but the man stated that none of the people that live next to the property were approached to give their individual opinions until today or yesterday. The man continued to speak. Mayor Cassandra interrupted him and explained the parlimen- tary procedure. The man further commented and said he did not think the request should be approved until the people adjoining the property were contacted. He said 150 people Vice Mayor Marchese knew said, "Yes", but 900 people live there. The 150 people live on the other side. Mayor Cassandra again told the man he was out of order. A vote was taken on the motion, and the motion carried 3-2. Mayor Cassandra and Commissioner Mann voted against the motion. DEVELOPMENT PLANS A. Planning and Zoning Board 1. Consider request submitted by Kevin McGinley, Agent for D. R. Associates, for approval of an amended site plan to allow for the construction of project signage. This development is located on West Boynton Beach Boulevard at the L.W.D.D. E-4 Canal, northwest corner. (Cross Creek Centre). . . . . . . . . . . . . .TABLED Commissioner Hester moved, seconded by Vice Mayor Marchese, to remove this item from the table. Motion carried 5-0. ~ Mr. Annunziato said this was somewhat complicated. The request went to the P&Z Board, and it was his understanding that no clear recommendation went to the City Commission. Mr. Annunziato believed it was a 3-3 vote and was sub- sequently tabled by the City Commission because the appli- cant did not appear before the Community Appearance Board ( CAB) . At last night's CAB meeting, Mr. Annunziato thought it was sorted out. He read from a memo addressed to City Manager Cheney from Don Jaeger, Building Department. Mr. Jaeger advised that the CAB unanimously recommended signage for Cross Creek with the deletion of a pylon sign and the substitution of two low entrance wall signs. Other approved -41- ( ( I, MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA NEW BUSINESS A. PUBLIC HEARINGS ABANDONMENT 1. Project Name: Agent: Owner: Location: Legal Description: Description: OCTOBER 13, 1987 Holiday Inn James J. Moran Mr. and Mrs. C. L. Leeman East side of Interstate 95, between Boynton Beach Boulevard and N.W. 1st Avenue That certain 50' wide strip of land lying between Block 71 and Block 73 of Beverly Hills Addition No.3, as recorded in Plat book 13 at Page 64, Public Records of Palm Beach County,. Florida~ which certain 50' wide strip constitutes the northerly extension of N.W. 4th Street in Boynton Beach, Florida, heretofore abandoned. Request for the abandonment of a 50 foot wide utility easement Ms. Tambri Heyden stated that this easement abandonment request is located east of Interstate 95 between Boynton Beach Boulevard and N.W. 1st Avenue. She stated that as a condition of site plan approval and construction of the Holiday Inn, N.W. 4th Street between Boynton Beach Boulevard and N.W. 1st Avenue was abandoned. Until the underlying utilities could be relocated and a new easement established, a temporary easement was dedicated. Water and sewer utili- ties were relocated and a new easement dedicated July, 1979. A temporary 50' wide utility easement is not needed as it is no longer used for water and sewer. The City Engineer recommended that the easement be abandonded. Memo from John Guidry, Director of Utilities, was read into the minutes and is attached to the original copy of these minutes as Addendum E. This memo states that the Utilities Director has no objection to granting this easement, subject to prior receipt of a hold-harmless agreement from Mr. Leeman for any damage to the wall which lies over the utility easement. . . There was some discussion that this request had been pre- sented previously, and Mr. Ryder stated that he did not see that it would be in the interest of the City to grant this abandonment. Mr. Golden assured the Board that this issue had nothing to do with a previous request. He stated that the applicant is trying to clear title to the property. -9- " "\ ( ( MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1987 Mr. Charles Leeman, 8845 S.W. 176th Terrace, Miami, Florida, stated that this is basically a housekeeping chore. He noted that a mistake was made and the easement was never released. He noted that the easement runs close to the building adjacent to a retaining wall between the two buildings. Mr. Leeman stated that he was sure that they had already filed a hold harmless agreement with the City, but he would be glad to do so, if that had not been done. As no one wished to speak in favor or against this request, THE PUBLIC HEARING WAS CLOSED. Mr. Blanchette made a motion that the request for utility easement abandonment be approved subject to the receipt of the hold harmless agreement letter. Motion was seconded by Vice Chairman Wandelt and carried 7-0. LAND USE ELEMENT AMENDMENT/REZONING 2. Project Name: Agent: Owner: Location: Legal Description: Description: Woolbright Professional Center Kieran J. Kilday Kilday and Associates J.C.F. Partnership c/o C. Glenn Leonard Woolbright Road at L.W.D.D. E-4 canal, southwest corner Parcel "D", Plat of Tenth Section, Palm Beach Leisureville, City of Boynton Beach, Palm Beach County, Florida as recorded in Plat Book 30, Pages 129-141 Request for an amendment to the Future Land Use Element of the Comprehensive Plan from Moderate Density Residential to Office Commerical and rezoning from R-1AA (Single-Family Residential) to C-I (Office/professional) for the pur- pose of allowing construction of a 26,550 square foot professional/medical office complex consisting of two separate buildings Mr. Golden noted that a minor correction was needed in the memorandum from Carmen Annunziato dated September 22, 1987. Line 3 of the memorandum, "R-lAAA" should read "R-lAA." Mr. Golden stated that this parcel occupies 526.79 feet of frontage on the south side of Woolbright Road, immediately -10- .' ( ( MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1987 west of the E-4 canal. The property is currently vacant. The applicant wishes to have the property rezoned and developed for a 26,550 square foot medical/office complex consisting of two single story structures. He pointed out the conceptual site plan which outlined the applicant's proposal. To the east is the E~4 canal right-of-way (155' wide), and across the canal, further to the east, is the Pylon Interstate Park consisting of two buildings which is zoned C-l (office/professional). To the south and west are single family homes in Section 10 of Leisureville, zoned R-1AA PUD. To the north is a 120' wide right-of-way for Woolbright Road, across Woolbright to the northwest is the Leisureville Convenience Center, and to the east is a site which has been rezoned to C-l and is being developed for Dr. Chua's medical clinic. Further east of the E-4 canal is a vacant strip zoned R-IA, and east of that is a vacant C-2 neighborhood commercial tract. The property in question was originally zoned C-4 and -\ intended to be used for trailer and boat storage for Leisureville residents. In 1980 the property was rezoned to R-lAA. As presently zoned, this property could accommodate 12 single family homes with access provided by buying an existing 30' wide dead-end street in Section 10 of Leisureville, if this property becomes a part of the homeowners' association. Otherwise, access would be from Woolbright Road. There is a median cut adjacent to this property which could serve as access for the west bound lane. Mr. Golden continued that rezoning to C-l would permit an office/professional structure up to 25', 2 stories high. The maximum allowable height could be increased to 30' if under-building parking is provided. There is other C-l, ~, C-2, and C-3 zoning in the area, so this rezoning request could be said to constitute an expansion of the commercial zone mode at Woolbright Road and the E-4 canal, and would not constitute spot zoning. Mr. Golden noted that there are a number of Comprehensive Plan text provisions outlined in his report. One regards whether or not developing this property as commercial use will have an adverse impact on surrounding properties. He stated that the size of the property would allow development without significant impact to the residents to the south and west. The use of the property for offices would not change the character of the neighborhood since office/commercial land use is already established in the area. The C-l use does not usually create nuisances such as litter, odors, noise or glare and would probably not operate after 6:00 P.M. A 2' high hedge at time of planning or 6' high -11- ( " ( ~ MTNT1'T'F.~ - PLANNING & ZONNING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1987 concrete block wall for buffering along the southern and western property boundaries would be required according tQ city zoning regulations. The staff recommends that the 6" high wall, rather than the hedge, be provided along the southern and western property boundaries and that parking lot lighting be directed away from the residences. Staff comments are attached to the original copy of these minutes in the Office of the City Clerk, as Addendum F. Mr. Golden noted that even though these type offices are generally not used after 6 P.M., the parking lots are usually kept lit for security and police patrol purposes. Another condition for zoning, should be that the building be limited to 15', one- story, to protect the adjacent residences. He stated that ~. there appears to be an adequate supply of office space in the vicinity, however, this is a specialized type of office space not generally found in the area. This would be more professional/medical as opposed to general office space. -~ Mr. Golden noted that the property probably could be deve- loped for single family homes. There are some new homes constructed near the intersection of .23rd Avenue and Congress and this would tend to support the conclusion that it might be economically desirable to build single family homes. Mr. Golden noted that the property is highly accessible. Uses permitted would have minimal impact on nearby resi- dences and commercial zoning would not create a commercial strip since commercial zoning is fairly compact and access is well controlled. He pointed out that commercial zoning could not extend any further on Woodbright Road. Mr. Golden concluded that C-l zoning would be consistent with the other parcels in the vicinity and would be con- sistent with Comprehensive Plan policies for locating com- . mercial uses and protecting residential neighborhoods subject to the conditions outlined for buffering, glare, ang building height. He noted that the Planning Department recommends approval subject to the above conditions. Staff comments are attached as Addendum G to the original copy of these minutes in the Office of the City Clerk. Mr. Ryder questioned the reason for .changing the zoning to C-l, as he noted that Mr. Golden said the land could be developed for single family homes. Chairman Trauger recapped that this property was rezoned in 1980 to R-1AA for the protection of the residents at that time. He also noted that at the time the Comprehensive Plan was beind developed, the residents wanted this piece of pro- perty left R-1AA and commercial use was ruled out. -12- ( ( MINUTES - PLANNING & ZONNING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1987 Mr. Blanchette querried if the property is specifically being proposed for a medical building at this time. Mr. Golden stated that the indication is, based on documen- tation, the traffic statement and conceptual site plan review, that this will be a medical building. He pointed out that, if rezoned, it could be used'for any mix of professional/medical. However, he noted that no retail would be allowed. Chairman Trauger read the letter dated September 22, 1987 from Margaret F. Herman, 15061 S.W. 16th Street, Box 83, Lot 93, Boynton Beach: "Dear Sir: This letter is my approval of the property on the other side being zoned C-1 so that a row of doctors' offices can be built there. Thank you, Margaret Herman. I will that they can get rid of the rats first." Mr. Walshak noted that this request is consistent with other requests the Board has approved recently. He further stated that he had spoken with several people in Leisurevei1le and they were in favor of the rezoning. Chairman Trauger pointed out that this Board has to put some controls on the rezonings, and he felt that control is the Comprehensive Land Use Plan. He stated his feelings that this plan should not be violated. Mr. Kieran J. Kilday introduced the people attending the meeting with him. They were Mr. Joseph Jingoli, a resident of Hunters' Run and the new owner of the property as of 10/13/87: Mr. Kirk Stetson, architect for the property who has prepared an elevation: Mr. Steve Elliott, attorney for "" the project: and Kei th Schuler, real tor. Mr. Kilday noted that this property has been vacant for many years. He noted that C-4 zoning was changed in 1980 to pre- vent more intense use. He stated that he was aware of the history of the property, and he contacted the people of the community first and brought their conceptual plan as well as architectural drawings to them. He rioted that he found many concerns when he contacted the people. The rats were a big concern on this vacant property which has not been main- tained. Mr. Kilday noted the residents were concerned about the height of the building, and concealing air conditioner. He pointed out that the two buildings would be connected with an interior corridor for better security. The buildings will be one story and located toward Pylon Park Center away from the residences. There are no alleys or -13- ( ( I' MINUTES - PLANNING & ZONNING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1987 or places for garbage to collect or trucks to run down. The building height is proposed to be 13'4" with a parapet around the side and the top making the building with parapet 16'8". The parapet conceals the mechanical equipment. He noted that the entire plans would have to come back to the Board for approval. He stated that it had been their inten- tion from the beginning to put in a 6' wall as security for the project as well as for the residents. He also stated that all lighting would be low scale and away from the resi- dents. He noted that no retail use is permitted under C-I zoning. His intent is to build a quality professional center which is low scale. He noted that they split the use _ half for medical and half for other professional uses - to cut back on traffic. He noted that the lots would have to be 8,000 square feet lots to accommodate 12 houses and that would not be consistent with the size of lots in the surrounding neighborhood. He pointed out that it would be difficult to access this property for single family homes, and access would probably have to be from Woolbright Road. , Mr. Joseph Jingoli, the new owner of the property, stated that he is in the construction/development business and has built in New Jersey and Pennsylvania as well as in Florida. Mr. Blanchette asked Mr. Jingoli if he had prospective tenants for the building. Mr. Jingoli replied that at the present time, this would be considered a spec building and he does not have specific signed leases. In answer to Mr. Blanchette's question, Mr. Jingoli replied that he does plan to use the building as a medical building, pointing out that he has two medical buildings of 24,000 square feet in New Jersey which are dental/medical buildings. Mr. Walshak asked if Mr. Jingoli was going to take care of the rat problem irregardless of the outcome of the rezoning request, and he replied that he would take care of the problem with a pest control compny. Mr. Blanchette noted that it would probably be impossible to get rid of all the rats. Mr. Wilbur Lynch, 1912 S.W. 16th Avenue, President of Boynton Leisureville Association, spoke in favor of the~' proposed development. He stated that the developer had spo- ken to the residents and presented their proposal on several occasions. He noted that he felt the use as a medical/office complex would be the most acceptable plan for the area as the developer had assured them in writing that the development would be harmonious with existing homes in Leisureville. He urged the change in zoning as requested. -14- ; ( ( MINUTES - PLANNING & ZONNING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1987 Mr. Ryder noted that Mr. Lynch had been violently opposed to Tradewinds development and Mr. Lynch agreed that he was, due to the traffic it would have created as well as the size of the Tradewinds project. Mr. Wandelt asked if Mr. Lynch had an agreement in writing from Mr. Jingoli as to the proposed use of the land. Mr. Lynch stated that they did have an agreement in writing, noting that there are many residents in Leisureville who would benefit from having medical offices in the area. Mrs. Catherine Thompson spoke against the proposed develop- * mente She noted that she lives adjacent to the property in question and stated that neither she nor any of the other people adjacent to the project were never contacted per- sonally by any of the people connected with the project. { She noted that there were two meetings and they opposed the project at that time. She also noted that there were resi- dents living across from the shopping center on Woolbright at the present time, and she was not convinced that people would not buy a home if the land was developed for single family homes. As no one else wished to speak THE PUBLIC HEARING WAS CLOSED. Mr. Lehnertz stated that he had not heard any compelling reasons for rezoning, noting that Boynton Beach is a resi- dential city and he saw no overriding reason to change. Mr. Blanchette asked Mr. Annunziato if twelve homes could be built on this property and how much utilities would cost. Mr. Annunziato stated that the value of the land has increased recently and may be out of the residential use territory. He stated that this is a market function and not ~. a zoning function. Mr. Ryder stated that he felt that land zoned residential should be kept residential. Chairman Trauger stated that he was against the change in zoning due to the Comprehensive Plan, even though he did like the idea of using the land for medical buildings. He noted that there are few lots left which would accommodate a $150,000 to $190,000 home in the City of Boynton Beach. Mr. Ryder made a motion that the request to rezone from R-1AA to C-1 be denied. Motion was seconded by Mr. Lehnertz and carried 4-3 with Mr. Blanchette, Dr. Jackier, and Mr. Wa1shak voting against denial. -15- ( ( ',j ... MINUTES - PLANNING & ZONNING BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1987 B. SUBDIVISIONS MASTER PLAN MODIFICATION Owner: Boynton Lakes Plat No. 2 Jack Wolfe, president Plat No.2 Homeowner's Association Boynton Lakes Plat No. 2 Homeowner's Association East side of North Congress Avenue, south of Hypoluxo Road Request for approval of an amended master plan to allow for a reduction in the rear setback from ten (10) feet to 3.5 feet to allow for the addition of screened porches 1. Project Name: Agent: Location: Description: Ms. Heyden stated that the subject property is located on . the east side of North Congress Avenue and south of Hypoluxo Road which is east of the Meadows PUD. On September 15th the City Commission determined that the requested modifica- tion to the previously approved master plan for Plat No. 2 for Boynton Lakes PUD to allow for reduction of the rear setback from 10' to 3~' was not a substantial change. This decision allowed this request to come before the Board for approval or denial. She noted that the TRB recommended approval subject to the Building Department's comments, attached to the original copy of these minutes as Addendum H, located in the Office of the City Clerk. Mr. Ryder asked a question concerning about cutting back on the rear setback. It was noted that the setback is 8' for screened enclosures. Mr. Golden noted that with the roof, it is considered a structure: without the roof, it is considered a screened enclosure. There was discussion regarding how close the homes would be if two houses back to back made the room addition. Mr. Golden stated that there was only one situation where two homes would be IS' back to back. Ms. Heyden referred to a letter from Mr. Jack WOlfe, President of the Board of Directors, Homeowners' Association #2, which states that rear property lines back onto a 20' wide common area and do not abut onto the neighbor's prop- erty line. His letter also states that 60 of the homes do not have any homes in the rear of their property as they back up to Boynton Lakes Boulevard, Congress Avenue, Estates Road or the canal. Mr. Wolfe's letter is attached to the original copy of these minutes as Addendum I, located in the Office of the City Clerk. -16-