CORRESPONDENCE
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The City of Boynton Beach
OFFICE OF THE CITY ATTORNEY
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6050
FAX" (561) 742-6054
September 26, 2006
Mrs. Leeza Arustamyan
9687 SW I st Place
Boca Raton, FL 33428
RE: Massage Therapy as permitted use
Dear Ms. Arustamyan:
In response to your request for information regarding the denial of your request for a Code
amendment, enclosed is a copy ofthe minutes ofthat portion ofthe City Commission meeting where
the issue was discussed and Commission action was taken.
Very truly yours,
Jam~ CCh-:'Of~5
City Attorney
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cC:~ichael Rumpf, Director of Planning and Zoning
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DEPARTMENT OF DEVElOPME Nl
America's Gateway to the Gulfstream
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 20, 2006
possible at the time of site plan approval. Especially vacant buildings that are an eyesore or
create safety hazards were the basis of the concern. Commissioner Ensler clarified the three
areas to be addressed would be to protect the citizens, visual impact and unauthorized use.
Commissioner McCray questioned if the burden should be placed on the developers without
further study of possible solutions. Mr. Bressner mentioned Code Compliance are a part of the
process when complaints are filed. Adaptive re-use of buildings during the construction process
would also need to be considered. He requested staff attempt to incorporate a provision in the
Code for demolition or adaptive re-use of properties. Mayor Taylor declared consensus of the
Commission was in agreement with Mr. Bressner's suggestion.
B. Preliminary consideration of a request for code review from Ms. Leeza
Arustamyan to amend the Land Development Regulations, Chapter 2, Section
6.H.15. Suburban Mixed Use Zoning District to add "Massage Therapy" as a
permitted use within the Live/Work use list of the SMU zoning district.
Mr. Rumpf explained why the issue had been brought before the Commission. Staff had
created a Suburban Mixed Use (SMU) zoning district to support modern development west of 1-
95. The Live/Work uses allowed home/office use that are close to commercial areas and have
higher densities. Less intensive uses were included. The applicant had gotten the consent of
greater than 51% of the landowners which is a prerequisite.
Leeza Arustamyan, applicant, 9687 SW 1 at Place, Boca Raton reviewed her request.
The current business is operated as a mobile business. Ms. Arustamyan was the administrative
staff and her spouse was the masseuse. The client base is not large at this time. The business
is incorporated and Mr. Arustamyan does hold a Florida State license. The corporation is fully
insured and a member of the Florida State Massage Therapy Association. The intent of the
business is to supply medical assistance to their patients. The proposed site would be located
in Renaissance Commons at 45 Via de Peppi and one of 48 Live/Work units allowed in the
community. A package of information was distributed to the Commission and a copy on file in
the City Clerk's office.
Commissioner McCray voiced concerned with the possible types of therapy that might evolve
with the business. Ms. Arustamyan appreciated Commissioner McCray's concern but pointed
out the licensing had to be reviewed every year before renewal of the license including any
misconduct or inappropriate behavior. The intent was to offer therapeutic massage only and
not include any entertainment services.
Mayor Taylor opened the issue for public comment. No one coming forward, Mayor Taylor
returned to the Commission for comment.
Mayor Taylor mirrored Commissioner McCray's comments and concerns. He expressed concern
over the precedent that might be established. He noted it is difficult to investigate and monitor
a home setting. Mayor Taylor would not support the request.
Commissioner Ferguson felt the Commission could move forward with the preliminary
consideration but shared Mayor Taylor's concerns. Commissioner Ensler did not feel staff
should expend more time on a request that would obviously be refused.
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
June 20, 2006
Mayor Taylor asked for further comment. He declared the Commission did not wish for staff to
proceed with the item.
Mr. Rumpf did explain a live/work use does have commercial space and is required to meet
commercial building standards for separation. Each use has to be licensed and inspected by the
City as well.
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBLIC HEARING
None
B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING
1. Proposed Ordinance No. 06-036 RE: Adopting a
new Article III of Chapter 18 entitled "Municipal Police Officers'
Retirement Trust Fund" in the Boynton Beach Code of Ordinances
entitled "Pensions for Police Officers". (Tabled to June 20, 2006)
Motion
Commissioner McCray moved to remove the item from the table. Commissioner Ferguson
seconded the motion. The motion passed unanimously.
Mayor Taylor opened the issue for public comment.
Herb Suss, Quail Run, felt comfortable with the proposal as a citizen of Boynton Beach. The
department was fully staffed and most of the younger officers would not qualify for the
requested change for many years. Rather than lose any officers, Mr. Suss, felt the change
should be approved.
Sgt. Charles King, Boynton Beach Police Department, briefly reviewed the background of
his police career with the City of Boynton Beach. He served the City as a road patrol officer,
vice agent, community high school officer, walking beat officer, police investigator and
ultimately a sergeant working in some of the most troubled areas of the City. He asked the
Commission honor their commitment to him and other officers, as he has honored his
commitment to the City.
Lt. Gary Chapman, Boynton Beach Police Department, had supplied as much data as
possible to assist the Commission in making a decision. The current proposal had taken a
couple of years to design and submit to the Commission. He advised the Police Pension Board
had better returns than either the Employees' Pension Board or the Firefighters' Pension Board.
He contended a defined benefit program differentiate public service employment from private
employment. The impact of the proposed change will mostly be deferred until the younger
officers reach retirement age.
Commissioner Ensler was concerned the proposal could create an environment for abuse that
was not being realized. The question continues to be the appropriate, reasonable percent of
salary that will be paid to each officer. Commissioner Ensler gave examples of several officers
21
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PRE-APPLICATION CONFERENCE REVIEW FORM
Date , - 21 - () 5 Time Started
Attending as Applicant
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Proposed Project Name and
TypelUse
Site Location (Address if Available)
Site PCN
Existing Zoning
Existing Land Use.Density
Anticipated Submittal Date
Proposed Project Information
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Proposed Zoning
Proposed Land Use/Density
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Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Hazardous Material
Notes/Comments/Recommendations I
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NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals,
objectives, policies and codes as related to the proposed development and to discuss site plan review procedures.
Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff
comments may be forthcoming based on actual plans submitted for review.
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc
PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
lans submitted for review.
City of Boynton Beach Attending for Applicant
Attendin Staff
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S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p3.doc