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Minutes 06-18-02Mt'NUTES OF THE REGULAR CI'TY COMMt'SSTON MEETt'NG HELD IN COMMISSION CHAMBERS, CITY HALL~ BOYNTON BEACH, FLORIDA, ON TUESDAY, 3UNE 18~ 2002 AT 6:30 P.M. Present: Gerald Broening, Mayor Ronald Weiland, Vice Hayor Hike Ferguson, Commissioner Charlie Fisher, Commissioner Hack McCray, Commissioner I. OPENINGS: Kurt Bressner, City Manager ]il Cherof, City Attorney ]anet Prainito, City Clerk A. Call to Order - Mayor Gerald Broening Mayor Broening called the meeting to order at 6:30 p.m. B. Invocation - Commissioner McCray C. Pledge of Allegiance to the Flag led by Commissioner Ferguson Commissioner McCray offered the invocation, followed by the Pledge of Allegiance to the Flag led by Commissioner Ferguson. D. IF YOU WISH TO ADDRESS THE COMMISSION: FILL OUT THE APPROPRZATE REQUEST FORM · GIVE IT TO THE CZTY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORT~ON OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Fisher requested that Item XII, D.! under Legal (''Discussion of proposed Charter Review'~ be moved to Item V., to be heard after Announcements and Presentations. Meeting Minutes RegUlar City CommiSSion Meeting BOynton Beach~ Florida 3une 18, 2002 2. Adoption Motion Commissioner Ferguson moved to approve the Agenda, as changed. Motion seconded by Commissioner McCray and unanimously carried. Hayor Broening announced that ~[tems V:[. A. and B. (Kensington Place) and the first reading of the Ordinance for that item will be tabled to the August 6, 2002 meeting by motion. II. PUBLIC AUDIENCE: INDIVTDUAL SPEAKERS PRESENTATIONS WILL BE LZMITED TO 3-MZNUTE Bob Ensler, 26 Woods Lane, Boynton Beach spoke about the hearing at the previous Commission meeting regarding the drug and alcohol treatment center in Quantum Park being Iocatec~ near the Boynton Beach High School. Mr. Ensler would like the notification process changed by Ordinance so that the parents of the children attending the High School would have been notified of the public hearing. When he spoke about the item at the Planning and Development Board meeting, he did not speak against the treatment center, but spoke about the process. It was announced at t~he last meeting that he was the only Board member against the treatment center and this was not the case. He was only trying to assure that the Planning and Development Board and the Commission receivec~ all the necessary information when an item involved children. Mr. Ensler took offense that people spoke negatively against the Palm Beach County School Board Chairman and felt that this should not have been permitted. He questioned why the site plan process would not come back to the Commission. Dom Desiderio referred to an article in the June 9~n Sunday Palm Beach Post entitled "Bressner for Boynton." Mr. Desiderio wrote a letter to the Po$~ but they did not publish it. He read the letter into the recor(:, which in summary stated that Hr. Bressner had a good opportunity in Boynton Beach; he inherited an excellent City staff; there is $80,;000 in the Utility Fund; a 543 million budget; a first-class Fire Department; and an excellent Police Department. The Postagreed that the Fire Assessment was fair and Mr. Desidedo questioned this and suggested that the Posz~have their accountant check it out. The Posz'also po nted out that the City needed development. Mr. Desiderio said that the City is fordng deve opment and is using the Utility Fund for this purpose, which in turn evokes the law of diminishing returns. All the new townhouses and multi-family 2 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 18, 2002 apartments being built are putting a tremendous strain on the City's infrastructure. He would like to see natural growth, not forced growth. The article also corn pared Delray Beach to Boynton Beach and noted that there was a higher tax base in Delray Beach. He attributed this to Delray Beach having a shoreline, which Boynton Beach does not. The City has asserted that the homestead has brought down Boynton Beach's tax base. Hr. Desiderio said that these "homestead undesirables" are contributing $:L23 million to the GNP and warned that there is a high-rise assessment on the way. Lloyd Powell referred to the Resolution for the Preliminary Fire Assessment scheduled to be heard at the .]uly 2nd Commission Meeting. He felt this was too close to the Fourth of ,~uly Holiday. He asserted that the City always schedules these types of heatings during holiday weeks. He noted that the public hearing is scheduled for September 12TM, one week after Labor Day. He requested that the dates be changed to g~ve everyone an opportunity to participate at these hearings. He said he paid "in protest" his fire assessment of $155 and asked how this benefits his property. He pointed out that someone who owns a warehouse with the same square footage as his property only has to pay $49. Herb Suss participated in the City Services Institute, which conducted its first class Monday night. He felt it was very successful and that he learned a great deal about the City. He encouraged other citizens to participate. With regard to one of his requests for information on Visions 20/20, he felt what he received was incomplete. He will address this at a future meeting after he has an opportunity to review the information further. liT. OTHER: A. Informational Items by Members of the City Commission Commissioner Ferguson announced that he has been trying to get a ballpark to locate at Gateway and 1-95, which would expand the City's budget by approximately $21 million. However, at this time, the status is still uncertain. Commissioner Ferguson stated that he would not accept nor seek any kind of inducement or finder's fee, while he is a City Commissioner in public service. Commissioner Ferguson announced that Ms. Alice Gregory of the P,~/,~ Beac/~ Posz'will be leaving that paper and has accepted a position with another paper and thanked her for covering the City over the past years. 3 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida June 18~ 2002 Commissioner Fisher inquired if the Commission approved all site plans. Mr. Mike Rumpf, Planning and Zoning Director, responded that the site plan for the treatment center referred to by Mr. Ensler would come to the Commission for approval. Mr. Fisher reported that he attended a dance recital at the Boynton Beach High School on Saturday night. A business in the City distributed pamphlets that addressed how to keep children safe in their houses and thanked them for doing this. Commissioner McCray announced that a Public Workshop on Redistricting will be offered by State Representative Anne Cannon on Monday, June 24, 2002 at the South County Civic Center, 16700 Jog Road, Delray Beach, beginning at 6:30 p.m. Vice Mayor Weiland spoke about the Alta Chase Apartments on Eighth Street that are located across the street from Home Depot. He noted that at the Commission Meeting when the site plan was approved, the developer agreed to certain landscaping requirements. Vice Mayor Weiland does not think that the landscaping conforms to what was agreed to and he would like the tapes and minutes reviewed. Mayor Broening also spoke on the City Services Institute and noted that approximately 24 people attended. The City Services Institute ~s a nme-week course, one hour per week, and is a worthwhile program. Mr. Bressner noted that some of the participants were also present at tonight's meeting. IV. ADMINISTRATIVE: A. Appointments to be made: Appointment To Be Made Length of Term Board Expiration Date II McCray ~V Fisher IV Fisher III Ferguson IV Fisher II McCray I Weiland I Weiland IV Fisher Mayor Broening Children & Youth Advisory Bd Stu/Reg/Voting Bldg. Bd of Adj & Appeals Alt Community Relations Board Alt Education Advisory Board Stu Education Advisory Board Stu Employees' Pension Bd Reg Library Board Alt Nuisance Abatement Board Alt Senior Advisory Board Alt Senior Advisory Board Alt i yr term to 4/03 Tabled (3) i yr term to 4/03 Tabled (2) i yr term to 4-/03 Tabled (3) i yr term to 4/03 Tabled (3) i yr term to 4/03 Tabled (3) 3 yr term to 4/05 Tabied (2) i yr term to 4/03 TabLed (3) 1 yr term to 4-/03 Tabled (3) i yr term to 4/03 Tabled (3) i yr term to 4/03 Tabled (2) 4 Meeting Minutes Regular City Commission Meeting BOynton BeaCh~ Florida 3une :/.8, 2002 All appointments were tabled. V, ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: None B. Presentations: ProClamations: None C. Discussion of proposed Charter Review (Item XII. D.1) Mayor Broening referred to the matrix prepared by City Attorney Cherof included in the agenda backup. A Charter can only be revised by referendum and the Commission is the entity to determine if the changes to the Charter should go to a referendum. Herb Suss would like the City to impose some type of moratorium on building into the Charter and to let the people have a voice on how much building they would like to see in the City. Commissioner Fisher pointed out that there are seven items that need to be addressed and that five of the seven are administrative issues. He suggested that some of the items could be grouped together. Section 17 currently requires a one-year residency for candidates for office, but there is no district residency requirement. Commissioner Fisher inquired if the Commission also wanted to include a district residency requirement. He felt this was an administrative issue. Attorney Cherof responded that this is not an administrative issue, but ~s an integral part of the Charter. Section 21 currently requires that the Mayor sign all contracts with no delegation authority. Mayor Broening felt that this requirement slows down the process and that consideration should be given to allow the City Manager to sign contracts. Section 49 deals with the Charter officers and Attorney Cherof stated that the Charter is unclear who the Charter officers are. [t is apparent that the City Attorney and City Manager are Charter officers. The Charter also references the Personnel Director. Although there is no longer a Personnel Director, and the position is now called the 5 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 18, 2002 Human Resource Director, that position is also a Charter officer. Attorney Cherof said that consideration needs to be given to whether all subordinate employees of the City Manager would be subject to hiring and firing by the City Manager and the City Manager would only be accountable to the Commission. It is unclear if the Charter includes Assistant City Managers as well. Commissioner Fisher inquired how other municipalities handled this. Attorney Cherof responded that cities that have the true Commission/Manager form of government provide that all subordinate employees are hired and fired by the City Manager. The Commission can also retain the requirement that they ratify the appointment of the Assistance City Manager. Mayor Broening inquired if a change to Section 49 would have to go to referendum. Attorney Cherof stated that this should be resolved by referendum and if the Commission wanted to retain some kind of COntrol it could be done by ordinance. Commissioner Ferguson inquired if the55 sections addressed in the matrix conform to the Model Cities' Charter. Attorney Cherof stated that the55 sections addressed were the key Charter provisions. He does not feel that all 55 sections need changes and he included them for informational purposes. Actually, there are :t71 Charter provisions. Vice Mayor Weiland did not think it would be necessary to change Section :~? to include district residency requirements and that the section should remain as written. Commissioner Fisher felt that residents want Commissioners that understood their particular district and that was the purpose of changing to single-member districts. Commissioner Fisher would like this decided by referendum. Vice Mayor Weiland requested to address Section 55 regarding the salaries of the Mayor and the Commissioners. He felt that this issue could be better addressed by Ordinance because two public hearings would be held to afford people an opportunity to speak on the item versus a column or two in the newspapers. Mayor Broening pointed out that the issue would have to go to referendum in order to allow the change to be made by Ordinance. Commissioner Fisher said that if this were permitted, in the future, Commissioners could pay themselves anything they want and that some type of cap would be necessary. He suggested using the cost of living index as proposed by Commissioner Ferguson for the annual adjustment in expenses of the Mayor and Commissioners. Commissioner Fisher also requested that the salary increase and term limits not take effect until the current Commission is no longer in office. 6 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une :/.8, 2002 Commissioner McCray also would like to have Section 17 changed to include the one- year district residency requirement. It is important that people know what is going on in their district. The cha age recommended to Section 50 would allow a Commissioner to run for Mayor when his two terms are over. Attorney Cherof responded that the provision in the Charter prohibits a Commissioner from becoming Mayor once their term is up without sitting out an election. Commissioner Fisher said that the people have stated several times they do not want this several times. Mayor Broeni ag asked how to approach these changes. Attorney Cherof responded that after the Commission decides which issues they would like treated as Charter amendments, the sections could be-packaged together. He pointed out that a Charter question must deal with a single subject matter, but could include two or more sections of the Charter that need to be corrected. This was how it was done in 1997 when the last Charter changes were made. Vice Mayor Weiland asked for clarification on Section 49 dealing with the hiring and firing of certain employees. Mayor Broening responded that staff would be directed to bring language back to the Commission on this dealing with the selection of the Assistant City Manager. This would be done by subsequent Ordinance and would not be a change to the Charter. Mr. Bressner felt that there were seven topical areas from the matrix that needed to be dealt with anc~ that staff could bring them back to the Commission. This will also provide an opportunity to clean up the Charter 'n order to deal with the conflicting language in the State Statutes. Mayor Broening thanked Attorney Cherof for providing the Commission with this intrinsic information. VI. PUBLZC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERHITS Project: Agent: Owner: Location: Description: Kensington Place {LUAR 02-003) Vince Zabik, Showcase Contractors, Inc. Vince Zabik, Showcase Contractors, Inc. South side of SE 23rd Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to amend the Comprehensive Plan Future Land Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR) 7 Meeting Minutes Regular City Commission Meeting Boynton Beach~ FlOrida 3une :1.8, 2002 Motion Commissioner Ferguson moved to table :[tem VI.A to the August 6, 2002 Commission Meeting. Motion seconded by Commissioner Fisher and unanimously carried. Project: Agent: Owner: Location: Description: Kensington Place (LUAR 02-003) Vince Zabik, Showcase Contractors, :[nc. Vince Zabik, Showcase Contractors, :[nc. South side of SE 23rd Avenue between Federal Highway and the Florida East Coast Railroad right-of-way Request to rezone from C-2 Neighborhood Commercial to PUD Planned Unit Development Motion Commissioner Ferguson moved to table Item VLB to the August 6, 2002 Commission Meeting. Motion seconded by Commissioner McCray and unanimously carried. Approval of a Special Warranty Deed conveying title to Kenneth Stephen for Lot 13, Block 9, Amended Plat of Boynto~ Ridge (Proposed Resolution No. R02-93) Motion Commissioner Ferguson moved for approval of :Item VLC. Commissioner McCray and unanimously carried. Motion seconded by VZT. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of June 3~ 2002 Regular City Commission Meeting of June 4, 2002 Bids and PurchaSe Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 AdOpted Budget 8 Meeting Minutes Regular City COmmission Meeting Boynton Beach, Florida 3une 18, 2002 Approve the "sole source" PURCHASE OF PARTS FOR LARGE REFUSE TRUCKS from HEIL ENVIRONMENTAL INDUSTRIES, with estimated annual expenditures of $45,000 Approve purchase of two replacement pumps from Ellis K. Phelps, in the amount of $71,550, utilizing the City of Boca Raton Bid #99- 025; and installation of the two pumps by W. ]adcson & Sons Construction Company, in the amount of $37,186, utilizing Broward County Contract #N-700=162~B2, for a total project cost of $108,736 (Utilities Department) Resolutions: Proposed Resolution No. R02-94 Re: Approving a Revocable License Agreement between the City of Boynton Beach and VDS Associates, Ltd. for the installation and maintenance of landscaping and related improvements at the northwest corner of Federal Highway and Old Dixie Highway Proposed Resolution No. R02-95 Re: Authorization to execute Task Order No. :~4 in the amount of $82,046 to CH2M Hill, [nc. for the Phase I, Technical Services for the NE 17th Avenue Drainage Tmprovements and Water Main Replacement Project Proposed Resolution No, R02-96 Re: Authorization to execute Task Order No. 01-05 for the Surf Road Area Water Main Replacement Project in the total amount of $49,140 to Metcalf & Eddy, under the Utility Department General Agreement for Professional Services, to provide Phase ir, preliminary design and engineering services for the upgrading of water mains and services In an umncorporated area adjacent to the Town of Ocean Ridge Proposed Resolution No. R02-97 Re: Annual adjustment of expense a ocations to the Mayor and Commission based on increases in the Consumer Price :Index Proposed Resolution No, R02-98 Re: Authorization to execute Law Enforcement Against Child Harm (LEACH) Operational Task Force Memorandum of Understanding Ratification of Planning & Development Board Action: None 9 Meeting Minutes RegUlar City Commission Meeting Boynton Be~ch, Florida 3une ~.8, 2002 Ratification of CRA Action: Richardson Duplex (ZNCV 02-006), Hathaway Park, Block "E," Lot 19 Request relief from the City of Boynton Beach Land Development Regulations~ Chapter 2, Zoning, Section 6.C.3, requiring a minimum lot frontage of 75 feet for a duplex home within the C-3 zoning district, to allow for a variance of 15 feet, and a lot frontage of 60 feet; and Request relief from the City of. Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, requiring a minimum lot area of 9,000 square feet for a duplex home within the C-3 zoning district, to allOW for a variance of 1,800 square feet, and a lot area of 7,200 square feet Woolbdght Grill (ZN~ 02-010), SE corner of Woolbright Road & Federal Highway at Riverwa!k Plaza - Request relief from Chapter 2, Zoning, Section 4.Ji8~ allOwing a maximum encroachment of an awning into the rear setback' of 2.5 feet, to allow a 7.5 foot variance, and an awning encroachment of 10 feet; and Request relief from ChaPter 2, Zoning, Section 4.3.8, allowing a maximum encroachment of an awning into the side Setback of 2.5 feet, to allow a 5,5 foot variance, and an awning encroachment of 8 feet Woolbright Grill (ZNCV 02-0:~1), SE corner of Woolbdght Road & Federal Highway at Riverwalk Plaza - Request relief from Chapter 2, Zoning, Section 6.C.3, requiring a minimum side setback of 30 feet, to allow for a variance of I0 feet, and a side setback of 20 feet for a restaurant abutting a residential zone in a C-3 zoning district Woolbright Grill (ZNCV 02-0:[2),. SE corner of Woolbright Road & Federal Highway at Riverwalk Plaza - Request relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, requiring a 6 foot high stucco masonry buffer wall where a commercial district abuts a residential district to allow a 6 foot high chain link fence with landscaping along the southernmost property line Woolbright Grill (NWSP 02,004), SE corner of Woolbright Road & Federal HighwaY at RiverWalk Plaza - Request for new site plan 10 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 18, 2002 approval for a 7,829 square foot two-story, sit down, restaurant on a 0.69:[2-acre parcel Accept the written report to Commission of purchases over $10,000 for the month of May 2002 Approve URS Corporation as the number one ranked firm and begin contract negotiations for the PREPARA-I'~ON OF A GREENWAY/BIKEWAY MASTER PLAN, RFQ#041-2413-02/KR Approve Commissioner McCray's and Commissioner Fisher's requests to allocate $500 each from their Community :Investment Funds to the Boynton Beach CDC Motion Commissioner Ferguson moved to approve the Consent Agenda. Motion seconded by Commissioner McCray and unanimously carried. CITY MANAGER'S REPORT: A. Discussion of water rate options Mr. Bressner reported that staff has provided the Commissioners with more rate alternatives, but Changes would not go into effect until the next fiscal year. Dale Sugerman, Assistant City Manager, stated that he forwarded to Mr. Bressner on June 10th some residential and commercial water bill comparisons that are included in the agenda backup. When the report was previously presented to the Commissioners the question came up where the highest rate block would begin. Staff recommended 30,000 gallons per month for residential and commercial. The chart shows what a water bill would be in 1,000 increments, Under the proposed rate restructure, anyone using 30,000 gallons would see a decrease in rates, or $1.66 less per month. When the usage exceeds 33,000 gallons per month, at this point the bill would rise. If the Commission accepts staff's recommendation, the large water users would see a steep increase and anyone using under 30,000 gallons per month would see a rate decrease. Dom De$iderJo, owner of Atrium Place, had concerns about the chart as it relates to his business. He owns a 20,000 square foot retail establishment that contains a beauty shop, convenience store, restaurant and 16 other tenants. His plaza is xeriscaped and its patronage is seasonal. In January through March he uses 100,000 gallons and in the Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 18r 2002 summer it goes down to 40,000 gallons. He feels that he is being penalized for using more water during peak season when he has an opportunity to make money to carry him through the SUmmer months. Commissioner Fisher inquired if there were separate rates for commercial and residential. Mr. Sugerman said that the rate blocks are the same, but the commercial minimum is larger. Mr. Sugerman pointed out that the rate study was prepared for the purpose of conserving water. Therefore, the more water used, the higher the cost. If any additional revenue were realized as a result of the rate increases, the money would go into a conservation fund. Commissioner Fisher inquired if it were possible to have a rate structure to deal with seasonal businesses, Mr. Sugerman responded that they have not provided a seasonably adjusted rate structure. The rate structure is equitable to everyone all year long. Commissioner Fisher requested that a rate structure be looked at that would take into account seasonal businesses. Mr. Sugerman stated this was possible, but during high season there is a greater demand on the system and that the user would pay for this greater usage. Mayor Broening referred to the chart in the agenda paCket that showed that anyone using 100~000 gallons under the three ali~ernatives, would have their water bil! either lOWered bY $8.10 a month or under the highest rate, it would be increased by $23.25 a month. Mr. Bressner pointed out that a comme~ial center could provide sub-meters, which Would offer a savings, HoWever, there isla $10.64 base charge for each commercial- use meter. ViCe MayOr Weiland inqu r~d about the costs for converting to sub- metering. Mr. Sugerman responded that~he cost is $215, plus the costs of internal plUmbing, for which the customer is reSppnSible. Mr. Bressner pointed out that sub- ~neterin~ Atrium Place might not result in ~ny Savings. Mr. Sugerman said that the City encourages sub,meter ng because this us~ually results in cOnversation. Commissioner Fisher in~tUired if the City coUld offer economc ncentives to do this and requested that Atrium Place be Used for the analysis. Commissioner Ferguson felt that People should pay for the water they use regardless of the month of year. He thought that water rates should be higher than what s being proposed in order to promote conservationl Mr. Bressner announced that the City woul~d be going to the Floridan Aquifer as a water source in four years and requires Wells to be. dug to 800' to 1200' deep A though more water will be available through the Aquifer, the costs are very high. It could cost up to 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida 3une 18, 2002 $60 million and would probably have to go through a bond issue. This will be discussed during the budget planning process. Commissioner Fisher suggested splitting the costs with Delray Beach and Mr. Bressner said that this would be something to look at.' Mr. Bressner also suggested that there could be a join~ venture with the County. Mr, Sugerman pointed out that the City delivers 1,000 gallons of water to homes and businesses for $1,50 per month. Tn the future this may go up to $3.00. Vice Mayor Wei!and would also like to see a cap in place for big business. Vice Mayor Weiland felt that if a person has a nice home with lush landscaping, they shouldn't be penalized for Watering their investment. Mr, Sugerman said that the more water a person uses, the more they have to pay. This is a way to encourage conservation of water. Mayor Broening felt that at some point the City would have to go to reuse water. He would like the City to begin to prepare for this use by placing the necessary piping in the ground when possible. Because of the capital investment, reuse water is very expensive. Most of the water used by Delray Beach and Boynton Beach goes out into the ocean and currently only a few communities use reuse water. Commissioner Fisher inquired if the report would include adding the piping. Mr. Sugerman was in favor of including the piping and stated this would have to be decided by the City Commission. This would also require an additional fee when applying for a building permit. Mr. Bressner pointed out that there is a joint committee formed of Delray Beach and Boynton Beach residents who are working on this issue to determine where the best use for reuse water would be. If the Commission was ~n agreement with staff's recommendation, Mr. Sugerman will have an Ordinance prepared for the first and second meetings in August with the effective date being the first full billing cycle after October 1st. Commissioner Fisher inquired if the figures would be available for the budget hearings and IVlr. Sugerman responded that they would The proposed budget contains an additional line item entitled "Water Conservation Fund," to which $:~20,000 of excess revenue has been allocated. Any mon~es realized from this Fund would be used for conservation. Mr. Sugerman stated that an amended chart of the ancillary fees would also be presented and he referred to the section in the report on capital facilities' fee options, which he reviewed briefly. Staff is recommending that there be no changes to cap fee options other than the payment plan in the redevelopment area referred to in the report. The creation of a drought rate will also be included in the Ordinance. This would be necessary if at any time the SFWMD mandates drought reductions. 13 Meeting MinUtes Regular City Commission Meeting BoyntOn Beach, Florida 3une :1.8, 2002 Herb Suss said people should pay for the water that they use. He questioned the wisdom of continuing to provide water to properties outside the City. Mayor Broening responded that the City is required by law to provide the water and a $25 surcharge is charged. Ms. Suss said that at some point the City is going to have to go to desalination of seawater. FUTURE AGENDA ITEMS: A. Preliminary Fire Assessment Resolution (.July 2, 2002) PropOsed Resolution regarding Group Tnsurance Consulting Services (July 2, 2002) Fire/Rescue Mutual Aid Agreements with Delray Beach, Boca Raton and Palm Beach County (August 6, 2002) D. Review of development plan for Marina Project (August 20, 2002) E. Discussion on Mangrove High School (August 20, 2002) Public Hearing to adoPt Annual Fire Assessment Resolution (September 12, 2002) FRA Whistle Ban - Report (3anuary 2003) - Delayed due to Federal RailWay Administration Delay in Rulemaking Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (TBA) Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on 01/1S/02 (TBA) Xx XT. DEVELOPMENT PLANS: None NEW BUSINESS: 14 Meeting Minutes RegUlar City Commission Meeting Boynton Beach, Florida 3une 18, 2002 None XII, LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING Proposed Ordinance No. 02-023 Chapter 2, Administration; .Section Decorum at Commission Meetings 2-11, Re: Amending Maintaining Order, City Attorney Cherof read proposed Ordinance No. 02-23 by title only. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-023. Commissioner Fisher seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 02-024 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 6, to establish the Mixed Use-Low Intensity (MU-L) and Mixed Use-High Intensity (MU-H) zoning districts for the purposes of implementing the Federal Highway Corridor Redevelopment Plan City Attorney Cherof read proposed Ordinance No. 02-24 by title only. Mary Law, 625 South Federal Highway, stated that in order to make the rezoning to the Land Development Regulations fair to all downtown and US-1 property owners, the City should make all the areas covered by the study MU-H and combine all the property uses in MU-L and MU-H together. She would like to have the minimum parcel size and the minimum lot frontage requirements totally eliminated so that smaller properties could request the rezoning. These changes would allow all property owners to receive an equal opportunity to develop their property. She questioned why the City paid $30,000 tothe consultants to develop Boynton Beach into a small Ft. Lauderdale. She asserted that the citizens have not been consulted on what they would like in the City. She also claimed that the new plans would eliminate the fishing industry in the City, which was a good resource. Ted Tarone, an Attorney representing some property owners along the Federal Highway Corridor, had some Objections to the proposed zoning ordinance and that some of the small property owners would be fenced in if a disaster occurred, forcing them into the new zoning ordinances. 15 Meeting Minutes Regular City Commission Meeting BOynton Beach~ Florida .lune :].8, 2002 Commissioner Fisher called for a point of order and noted that the Ordinances at hand were not rezoning Ordinances. Attorney Tarone asked what would happen when the two types of zoning would be in place and whether there would be a phase out of the old codes. Mayor Broening explained 'that the Ordinance deals with definitions and does not deal with rezoning. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02-024. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 02-025 Re: Amending Land Development Regulations, Chapter 2, Zoning, Section 5, to establish the Infill Planned Unit Development (IPUD) zoning district for the purposes of implementing the Federa Highway Corridor Redevelopment Plan and accommodating redevelopment within planning areas #1 and #5 City Attorney Cherof read propoSed Ordinance No. 02-25 by title only. Lloyd Powell was confused about the rezoning. However, it was stated that the purpose of having 100' lot minimums was to encourage development. Commissioner Fisher agai:n called for a point of order and stated that Mr. Powell is not addressing the question. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02-025. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 02-026 Re: Amending Chapter 18, Article II, Division 4 of the Code of Ordinances to provide a supplemental benefit to the retirees of the General Employees' Pension Plan City Attorney Cherof read proposed Ordinance No. 02-26 by title only. 16 Meeting Minutes Regular City Commission Meeting Boynton Beach~ Florida 3une 18f 2002 Motion Commissioner Fisher moved to approve proposed Ordinance No. 02-026. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 02-027 Re: Amending Chapter 18, Article Ti, Division 4 of the Code of Ordinances to amend the Pre-retirement Death Benefit of the General Employees' Pension Plan City Attorney Cherof read proposed Ordinance No. 02-27 by title only. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02-027. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. Proposed Ordinance No. 02-028 Re: Amending Chapter 18, Article I[, Division 4 of the Code of Ordinances to amend the deferred Retirement Option Plan ("DROP'g of the General Employees' Pension Plan, specifically amending Section 18- :L27 to modify the investment options available to DROP members City Attorney Cherof read proposed Ordinance No. 02-28 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02-028. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion passed 5-0. B. Ordinances - 1~t Reading None C. Resolutions: None D. Other: 17 Meeting Minutes Regular CitY Comm!ssion Meeting Boynten Beach~ Florida 3une 18, 2002 1. Discussion of propOSed Charter Review (moved up on the Agenda) XIII. UNFINISHED BUSINESS: None XIV. ADJOURNMENT: There being no further business, the meeting properly adjourned at 8:15 p.m. ATTEST: Recording Secretary (three tapes) ~issioner ~ommiss._loner (June 19, 2002) 18 BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Name Address Telephone Fill in, the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Summar~ of Matter to be A~dressed - {/~ topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter conSidered at this meet/nE, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proc~ed/ngs is made, which record includes the testimony and e~tdence upon which the appeal is to be based. (F.S. 296.0105) The City. shal~ furn. is.h app.ropriste auxiliary aids and services where necessary to afford an individual with a disability an equal opportumty to participate m and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, {5611 742-6013 at least twenty-four hours prior to the pro,ram or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEM / Fill in .the information called for b~w a~nd give to the C~ Clerk prior to the start of the City Commission Meeting. ~ .~ ~, Name ~//~/~C~ '~/~ ~ ~'~7/ ~* ~ Address Summa~ of Matter to be A~- (One top~ p~ard) Ifa pe~on decideslto app~l any decision made by the City Comm~ion ~ respect to ~y matter co~idered at ~is meet~ he/she ~! need a reco,d Of ~e .p,ocee~s and, for such puz~se, he/she may n~d to ensue that a ~r~at~ord of ~e proceedings made, which recor~ ~cludes ~e testimony and e~dence upon which the appeal is to be based. {F.S. 286. The City ~aH fm~h approp~te a~ aids and se~ices where neces~ to afford an ~di~d~l with a d~a~ty ~ eq~ oppor~ty to pa~icipa~ ~ and enjoy ~e benefits of a s~ce, pro.am, or acti~ conducted by ~ Ci~, ~ease con.ct Joyce CosteHo, (561) 74~6013 at least ~enty-fo~ hours prior to the pro,mm or act~ty in order for the c~ty to ~asonably acco~odate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk~lio~ to the start of the City Commission Meeting. Name /~1/~ j/ Address ~C T~ephone ~ 8umma~ of Matter to be Addresse~One top~c per card) [f'a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which recorc~ includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105} The City shall furnish appropriate ~,~tllary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561] 742-6013 at [east twenty-font hours prior to the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COIIMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in .the. inform.a, tion called for below and give to the City Clerk~or to the start of the City Cornmlsslon Meeting, ~ Address ///~ ~/b/~ ~/~/~ /TZar/ Telephone # '~ 2.~;/[ . / Summa~ of Matter t° be Addressed ~~ ~f~~ C~ ~ If a person decides to apPeal any decision made by the City c~mmission with respe~ to any matter considered at this meeting, he/she will need a record of the procee~gs ~d, for Such purpose, he/she may need to ensure ~at a ~rbatim record of the proceedings is made, which record ~cludes the testimony and e~nce upon which the appeal is to be based. ~.S. 286.0105) The City ~ furnish approp~ate a~ia~ aids and se~ces where necessa~ to afford an indi~d~l wi~ a d~abHity an equ~ opportunity to Participate ~ and enjoy ~e benefits of a se~ce~ program~ or acti~tY conducted by the Ci~. Please contact Joyce C~tello, {561) 742-6013 at least twenty-fo~ hours prior to ~e pro,ram or activi~ in order for the city to reasonably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. L Address Telephone # Summary of Matter to be A~ (One topic per card} Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meet/ng, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate atmiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce Costello, (561} 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in .the. information caned for below and give to the City C1/erk prior to the start of the City commlsslon Me~g. ~--- Name TelePhone# Summary of M~atter to be Ad~dr.~sse.~/ If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shah furnish appropriate auxiliary aids and services where necessary to afford an indivldual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costeilo, {561) 742-6013 at least twenty-four hours prior to the pro§ram or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address ~Z'2 S~ ~ Telephone ~ SUmma~ of ~ter to be Ad~es~~ ~, made, which record ~cludes the testimony and e~dence upon which the aPPea is to be based; (F.S. 285.0105) th~ City i~l fur~ish oppo~nity to participate in and enjoy th~ benefits of a se~ice, pro.am, 'or activity conducted by the Ci~. Please contact Joyce Costello, (551) 742-5013 at least ~enty-four hou~ prior to the proiram or activity in order for the city to reasonably accommodate yo~ request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD FOR ITEMS NOT ON THE AGENDA - PUBLIC AUDIENCE Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. Name Address Telephone # SUmmary of Matter to be Addre If a person decides to appeal any decision made by ~he City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shaH furnish appropriate auxiliary aids and se~rices where necessary to afford an indlvidual with a disability an equal opportunity to participate in and enjoy the benefits of a serviae~ program, or activity conducted by the City. Please contact Joyce Costello~ {561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. AGENDA ITEMS Fill in the information called for below and Eive to the City Clerk~ribr to the start of the City Commission Meeting. / Name ~~ ~~-~ Address Telephone # / . Summary of Matter to~ b/e ~Addre~ed - {O~.~, topic per card) If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure ihat a verbatim record of the proceedings is made, which record includes the test/mony and evidence upon which the appeal is to be based. {F.S. 286.0105) The City shall furnish appropriate at~ilia~y aids and services where necessaly to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561] 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. Name Address Telephone # AGENDA ITEMS called for below and give to the City~f~k prior to the start of the City Summary of Matter to be Addressed card) \ If a person decides to appeal any decision made by the City Commission w~h respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may n~d to ensure, that a verbatim record of the proceedings is made, which reco~l includes ihe testimony and evidence upon which the appe~l is to be based. (F.S. 286.0105) The City shall furnish appropriate attxilisry aids and services where neces§ary to afford an individual with a disability an equal opportunity to participate /11 and enjoy the:benefits of a servies~ program, or activity conducted by thc City. Please contact Joyce Costello, (561] 742-601'3 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. ,j~,~ ~, ame / Address Telephone # Agenda Summary of Matter to be Addressed -lOne topic per 7 Ifa person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, h.e/she may need to ensure that a verbatim record of the proceedings is made, which r6cord includes the testimony and evidence upon.which the appeal is to be based. (F.S. 256.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce Costello, {561) 742-6013 at isast twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS Fill in the information called for below and give to the City Clerk prior to the start Commission Meeting. of the~/ty Address Telephone # Snmmary ?t a nerson decides t ~ao~eal any decision made by the City Commission with respect to any matter considered at thi~ meeting, he/she w/ll need a record Of the proceedings and, for such purpose,, he/she may need to ensure that a verbat/m record of ~he proceedings m made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) opportunity to participate in and enjoy the benefits of a service, program, or actlwty conaucte~l ey the ~t~y. ~lea. se y Costefio, {561) 742.6013 at least twenty-four hours prior to the program or actuary in order for the city to reasonably accommodate your request. PUBLIC COMMENT CARD AGENDAITEMS Fill in the information called for below and give to the City Clerk prior to the start of the City Commission Meeting. / Name Address Telephone # (~ '~ ~7~3j Summary of Matter to be Addre~~/(,-~ Agenda If a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, he/she will need a record of the proceedings and, for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. {F.S. The City shall furnish appropriate avxilia~y aids and services where necessary to afford an individual with a disability an equal opportunity to participat~ in and enjoy the benefits of a service, pro,ram, or activity conducted by the City. Please contact Joyce COStello, (561) 742-6013 et least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. BOYNTON BEACH CITY COMMISSION MEETING PUBLIC COMMENT CARD AGENDA ITEMS / FiLl in the information called for below and ~ive to the City Clerk prior to the start of the C~ / Commission Meeting. Name f~. ~-~ Address Telephone ~ Summa~ of Matter to be Addressed If a per~on decides to appeal any decision made by the City Commission with respect to any ~e/she will need a recqrd of the proceedings and, fo~ such purpose, he/she may need to ensure that of the pro :eedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessaxy to afford an individual w/th a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Joyce Costello, (561) 742-6013 at least twenty-four hours prior to the program or activity in order for the city to reasonably accommodate your request. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Woolbright Grille Restaurant Joe Peterson / Slattery & Associates 2060 NW Boca Raton BIvd, Suite 2 Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE Ct'CY COMMISSION: June 18. 2002 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: South side of Woolbdght Road, just east of Riverwalk Plaza and west of the Intracoastal Waterway DRAWiN G(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commissk~n hereby adopts the findings and recommendation of the Commun ty Redevelopment Agency, which Agency found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach Florida on the date of hearing stated above The C ty Comm ss on having considered the relief sought by the app cant and heard tesbmony from the app ~cant, members of c~ty admm~strabve staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~', HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The cond tons for deve opment requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof, DENIED 5. This Order shall take effect immediately upon ~ssuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. Location Map Woolbright Grill EXHIBIT "A" 400 0 400 Feet .WOOLBRIGHT GRILLE RIVER~rALK S,!-IOPPIt~G PLAZA _,.EXHIBIT "B" 1 SffE PLaN EXHIBIT "B" FRONT AND RIGNT SIDE ELEVATIONS EXHIBIT "B" REAR AND LEFT SIDE ELEVATIONS Ei×HIBIT "B" FIRST FLOOR PLAN WOOLBRIGHT GRILLE "B ' SECOND FLOOR WOOLBRIGHT GRILLE 700 WOOLBRIc~rr ROAD E!XHIBIT "B" i' FIRST FLOOR SEATING EXHIBIT "B" SECOND FLOOR SEATING ~ SLATi'ERY AND ASSOC,~TES li,liil~il.~l: I SiTE PLAN WOOLBRIGHT GRILLE EXHIBIT "B" / / WOOLBRIGHT GRILLE EXHIBIT "B"7 WOOLBRIGHT GRILLE IEXHIBI EXHIBIT "B" sr~ DETAILS WOOLBRIGHT GRILLE EXHIBIT Conditions of Approval Project name: Woolbrighl Grille Restaurant File number: NWSP 024)04 Reference: 3d review revised plans identified as NWSP 02-004 a May 10~ 2002 Plauning and Zoning Deparmaent date-stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: 1. Design documents where underground water mdms and hydrants are to be X provided, must demonstrate that they ~vill be installed, completed, and in service prior to construction work per the Florida Fire Prevention Code, (2000) Section 29-2.3.2. POLICE Comments: None X ENGINEERING DIVISION Comments: 2. At the time of permitting, specify storm sewer diameters, inlets types, etc. X on drainage plan. Indicate grate, rim and invert elevations for all structures. Indicate grade of storm sewer and exfiltration systems. Indicate material specifications for storm sewer (LDR, Chapter 4, Section 7.F.1.). 3. At the t/me of permitting, provide verification that there are no laterals X tying into the storm sewer noted to be abandoned, preferably by video. If Iaterals exist the storm sewer must either be sleeved under the building or relocated. If there are no laterals, the storm sewer may be abandoned in place, however, it shall be bulkheaded at each end and grouted, the storm sewer under the restaurant shall be removed. COA 06/07/02 DEPARTMENTS INCLUDE REJECT 4. Provide an engineer'.s certification on the Drainage Plan as specified in X LDR, Chapter 4, Section 7.F.2. 5. At permitting, indicate by note that the catch basin and manhole covers X shall be bicycle proof (LDR, Chapter 6, Article IV, Section 5.A.2.f.). 6. An irrigation plan will be required at the time of permitting. X 7. Show sight triangles graphically on the site plan and landscaping plan X This should only be necessary at the south parking area. The site triangles shalI link with the property line. Sh0won Sheet L-Z. 8. At the time of pcmv_itting, on the lighting plan, specify that the light poles X shall withstand a i 10 MPH wind load. Add a note that the frxtures shall be operated by photo-electrical control and to remain on antil 2:00 a.m. (LDR, Chapter 23~ Article I0. Add a note that the lighting design shall provide a minimum average of one foot-candle lumen at ground level. Artificial lighting used to illurdnate any property Shall be d/rected away from ali residential districts. Lighting shall not be used as a form of advert/sing (LDR Chapter 2 Section 4 N 7 & Chapter 9 Section 10.F.5.). The l~ghting plan shall be des/gned specificallyto minimize light intrusion onto residential properties onthe east side of the Intracoastal Watenvay. 9. A lighting plan including pole wind loading and pole details in X conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter 23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A w~ll be required at the time of permitting. 10. At the time of permitting, indicate to what standard(s) the project is to be X constructed; if the FDOT Standard Specifications for Road & Bridge Construction and Standard index are to be used - the 2000 Specifications are recommended since they contain both English and Metric units. 11. Show signing and how traffic flow will be handled (one-way to two-way X traffic). 12. Due to the requested (by variance) relocation of the restaurant to the X north, it is necessary to reconfigure the proposed retantion swale. The new swale shown on the 3~ review plans appears to be smaller than that shown on the 1st and 2~a review plans. Additionally, the Engineer did not make any changes or corrections to the "Drainage Calculations" shown on this page. Please reflect the changes to the drainage calculations and provide a detail of the proposed retention swales. COA 06/i2/02 DEPARTMENTS INCLUDE REJECT I3. Indicate how seawall will be repaired and/or replaced. X 14. Provide proof of agreement for dumpster,sitting/construction. X BUII~DING DMSION Comments: 15. Add a labeled sYmbo~ to the site plan drawing that identifies the location X of the handicap accessible parking spaces. The quantity of the spaces shall be consistent w/th the regulations spec~fied in the Florida Accessibility Code for Building Construction. The accessible parking spaces that serve a~use shall be located on the Shortest safely accessible route of travel from adjacent parking to an accessible entrance. The Florida Accessibility Code for Bullding Construction states that buildings with multiple accessible entrances shall have aceessible parking spaces dispersed and located closest to the accessible entrance. ~lorida Access~b~llty Code for Bmldmg Construction, Section 4.1.2(5), 4.3, 4.6. 16. Add a labeled sy~ bol to the site plan drawing that represents and X delineates the patl~ of travel for the accessible route that is reqdired between the accessible parking spaces and the accessible entrance doors to the building. Th~ symbol shall start at the accessible parking spaces and terminate at ~ accessible enlrance doors to the building, The symbol shall represent the ~ocation of the path of travel, not the location of the detectable warning or other pavement markings that is required to be installed along the path. The location of the accessible path shall not compel the user to[travel in a drive/lane area that is located behind parked vehicles. Identify ( n the plan the width,of the accessible route (Note The m/n/mum width re tuired by the code is forty-four (44) inches). Add text to the drawing that would indicate,that the symbol represents the accessible route an fl the route is designed in compliance with Section 4 3 (Accessible Route.' and 4.6 (Parking and Passenger Loading,Zones) of the Florida AcceSsibill ty Code for Building Construction. Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that ~he accessible route is in compliance with the regulations sl~e~ified in the Florida Accessibility Code for Building Construction. This documentation shall include b~t not be lim/ted to, providing finish grade elevations along the path of travel. 17. Place a note on th~ elevation view'drawings indicating that the wall X openings and wall ~onstmction comply w/th Table 600 of the 1997 edition of the Standard Building Code 18. Identify on the site~plan drawing the actual distance that the building(s) X (is/are) set back from the north, east, south and west property lines. Please note that overhangs, covered walkways, canopies, awnings or other appurtenances that are attached to the building shall be considered COA 06/07/02 DEPARTMENTS INCLUDE REJECT When identifyingbuilding setbacks. Therefore, identify the width of the proposed overhangs, covered walkways, canopies, awnings, and/or other roofed areas that extend out beyond the main walls of the building. The building setbacks shall comply with setback regulations specified/n the Zoning Code or be reduced through variance approval. Identify whether the areas locatedon the north, east and west sides of the building are covered. Adso, indicate the use of the areal 19. At time of permit ~eview, submit signed and sealed working drawings of X the proposed Cons6xtction. 20. Add to the drawing the calculations that were used to identify the X miuimum numbe~ pf required handicap accessible parking spaces. Also, state the code section that is applicable to the computations. 21. Add to all plan view drawings of the site a labeled symbol that represonts X the location and perimeter of the limits of conslraction proposed with the subject request· 22. At the time of permit review, submit an addressing plan for the project. X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 23. The adjoining property immediately South of the proposed parking lot X area contains State protected mature Mangrove trees. There are limbs of some of these trees that overhang the proposed parking area and may be damaged during site construction. The owner should take the appropriate actions to properly trim these Mangrove trees by an authorized Mangrove tree trimmer. This activity should be completed prior to clearing and grubbi gth it n ese, 24. The applicant must meet with the City Forester to coordinate the removal X of any existing Fieus trees and / or Queen Palm trees East of the River walk Plaza, as noted to occur on the landscape plan. This would be under the guidelines of providing the same quantity of originally approved trees for replacements along the landscape buffer PLANNING AND ZONING Comments: 25. Approval of this site plan is contingent upon the granting of the four (4) COA 6/07/02 DEPARTMENTS INCLUDE REJECT requests for variances. 2hose requests are as foll°Ws: · Rehef fi:om Chapter 2, Zoning, Section 4. J. 8, to place a cantilevered awning on a building wall projecting ten (10) feet in the required twenty (20) foot rear setback in lieu of the 2.5 feet permitted by code, allowing an additional overhang of 7.5 feet for a restaurant in a C-3 zoning district. · Relief fi:om Chapter 2, Zoning, Section 6.C.3., requiring a minimum Side setback of tfiirffy (30) feet, to allow For a variance often (10t feet, and a side setback of twenty (20) feet for a restaurant ~butting a residential zone in a C-3 zoning district. · Relief fi:om Chapter 2, Zoning; Section 4. J. 8, to place a cantilevered awning on a bmldmg wall projecting eight (8) feet in the requirdd thirty (30) foot side setback in lieu of the 2.5 feet perm/tted by code, allowing an additional overhang of 5.5 feet for a restauradt in a C-3 zoning distr/ct. · Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a' six (6) font high chain link fence with landscaping along the southernmost property hne m heu of the reqmred six (6) foot high stucc~ masonry buffer wail to separate a commercial district from the abutting residential district 26. This project will require evidence of a cross access agreement with the X property to the west (Riverwalk Plaza). 27. The apphcant must obtain authorization fi:om all applicable governing X bodies (including l~ut not limited to the U.S. Army Corps of Engineers) prior to the issuance of any permits for the construction of a dock and boardwalk that protrudes beyond the seawall. 28. A traffic impact study is required and must be approved by Palm Beach X County Traffic Division prior to the issuance of a building permit~ 29. All improvements isuch as the construction of a 5-foot wide boardwalk, ~X the relocation of d~ .tapster enclosure, the installation of new terminaI landscape islands, md the installation of one (1) new handicap parking stall) proposed outside the subject parcels property line must have consent from R~ve~walk Plaza. Provide documentation that these improvements are acceptable to Riverwalk Plaza. Staff will review these through the minor ~ite plan modification review process after this project (NWSP 02-004) isa?roved by the City C6mmission. The owner of Riverwalk Plaza shall initiate the minor site plan modification and it must be ' approved prior to the issuance of a bnilding permit. 30. Include a color ran~ering of all four (4) elevations prior to the X Cornmunity Redevelopment Agency Board meeting (Chapter 4, Section COA 06/12/02 6 INCLUDE REJECT DEPARTM3ENTS 7.D;20. The north elevatiOn should show th~ CBS wall that hides the loading area. 31. All above ground mechanical equipment such as exterior utilityboxes, X meters, and transformers, shall be visually screened (Chapter 9~ Section 10.C.4.). Equipment placed on the walls of the building shall be painted to match the building color. 32. The three (3) Geiger trees proposed in the north landscape buffer are X required to be installed at minimum 12 feet overall height. In addition, theFire Bush proposed outs/de the north property boundary cannot be counted toward meeting mmxmum landscape requncements on-s~te and must obtan~ authonzatson from the applicable regulatory body to ~nstall said plants. 33. Staff recommends that the applicant utilize the most effective method to X ensure that lighting will not face or "spill" onto the residential properties (to the east). ShoW the location of the lighting fixtares on the site plan or landscape plan. 34. Staffrecommends locating the outdoor speakers and directing the sound X in such a way so that it does not create a nuisance to the resident/al properties to the north and to the east. 35. Staffrecommends lhat the glass / windows used in the design of the X building be of a variety that reduces the likelihood of outside noise at a 1 th uidp 'allyb h dbyth dj 'd tial vo ume at co otent~ e ear e a acent res~ en communities. 36. Staffreeommends a sign style and sign color that will be compatible with X the existing signage in the Riverwalk Shopping Plaza. 37. A landscape buffer five (5) feet in width shall be required along the south X side of the proposed parking lot on Parcel 2. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS: Comments: 38. Condition #17 shaI1 be revised as follows: Place a note on the elevation Ni view drawings that the wall openings and wall construedon comply with the 2002 Edition of the Flor/da Building Code. COA 06/12/02 DEPARTMENTS INCLUDE REJECT 39. The placement of the proposed Signage shall be limited go Wall area only X and not the roof as shown on the west elevation. Since a roof sign is not permitted by code, the applicant could place a wall sign on the north elevation to break up the great expense of wall area on that fagade If the applicent chooses to not place a sign on the north building facade, then a faux ~vindow or other architectural feature shall be used· 40. Since the ~oo£ sign will be removed it should be r,placed by X archttectural features such as dormers m order to break up the great expanse of roof area. 41. The service area shall always be maintained so that it is cleen and orderly. X 42. Sound system limiied to soft background music and not for restaurent X announcements nor live amplified music No outdoor live music. 43. Public access to boardwalk shall be allowed in connection with greater X public system if/when that system is implemented along waterfront. 44. Landscaping at northwest comer of project (located in front of service X area) shall be extertded westward. 45. Existing dumpster enclosures on the Riverwalk project shall be gated. X ADDITIONAL CITY COMMIS SION CONDITIONS: Comments: 46. To be determined. ~ ~ MWR/sc S:\Planning\SHARED\WP~°ROJECTS\Woolbrign[ GdlI\NWSP 02-004\COA,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE ~' CITY OF BOYNTON BEACH, FLORIDA PROJECTNAME: Woolbright Grill (ZNCV 02-011 ) APPLICANT'S AGENT: Joe Peterson of Slattery & Associates/Restaurant Holdings, nc. APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: Variance requesting relief on a building setback. LOCATION OF PROPERTY: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoasta~ Waterway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommend~Jtion of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Con'mission having ~considered the relief sought by the applicant and heard test mony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the req J~rements of the City's Land Development Regulations. The Applic. ant ~ HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~' GRANTED subjec~ to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the Ci~ Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: Location Map Woolbright Grill EXHIBIT "A" 400 0 400 Feet __J SITE P[..~,N WOOLBRIGHT GRILLE 7[30 WCOI. BRIGH/' ROAD SLATTERY AND F'SSOCIRTES -:' 1562,742S259 N0.635 ~05 STATEMENT OF SPECIAL CONDITIONS EXHIBIT "C" ~: A: Tbl~ ?ROP~R. Ty IN QUESTION A4~.t'F~-4~ EXI~'I~ ~M. ANGROVE' EABITAT, THE RESIDENTfIAL AND COMMERCIAL PROPERTY. WMTLE T~M~NOKOVE FOREST ~S ZONED RESIDENTIAL, THERE ARE NO PROS[~ECTS OF I~OTTLNG HOUSES AT THIS AKEA. ALSO. THIS SAM~E V.~IANC£ KEQUEST WAS G~NT~ FOR ~ S~'OPPINO C~TER TO ~ ~T. B: ~ ~'IQU~N E~ OF T~ ADJO~ ~O S~ IS AN ~STING C: ~ O~N~G OF ~S VALANCE ~QUEST OBVIOUSLY ~ NOT G~ ANY 5~ECIAL P~V~E~ g TO T~ ~PLICANT, D: ~ STA~ ~O~ ~ ~ONS FOK~ ~QUEST OFT~m V~CE ~ FO~ ~,B~ OF ~E~ST~G COND~ON. NOT 0~Y WO~D A P~ACY WALL ~ ~NORO~ ~ SEKVE NO P~}0S~ BUT ~E CONS~UC~ON OF SUCM A WALL AND FO~D~TION S~ $~M COULD D~GE A S~8AT~ ECOSYS~M. E: T~ V~ANCE ~ST [S ONLY FOR ~E O~SS~ON ~ AS~ FOOT ~G~ CONC~TE M~K ~V~LL. AS,SH0~ 0N'T~ S~wED PLANS, T~ O~R ~L BE ~$T~LLING F: ~,O~T[NG OF T~ES ~ANCB WILL IN Nb WAY ~E DETK~NTAL TO G~NTED F~K ~ ADJACENT SEOP~O CEN~R. EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill File number: ZNCV 02-011 (Setback) Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNII'Y REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: Conditions of Approval 2 Woolbri~t Grill ZNCV 02-011 fBuilding Setback) DEPARTMENTS INCLUDE REJECT 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined, t'"X~o ~ MDA] -DEVELOPMENT ORDER 0 F THE CITY COMMISSION OF THE ~ CITY OF BOYNTON BEACH, FLORIDA ~ PROJECT NAME: APPLICANT'S AGENT: Woolbright Grill (ZNCV 02-010) Joe Peterson of Stattery & Associates/Restaurant Holdings, Inc. APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18. 2002 TYPE OF RELIEF SOUGHT: Variance requested on awnings. LOCATION OF PROPERTY: South side of Wooibright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway: DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO, X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing ~n the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with [he requirements of the City's Land Development Regulations, The Applican! ,~' HAS HAS NOT established by substantia~ competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon ~ssuance by the City Clerk. All further development on the pro and conditions of this order. ;hall be made in accordance with the terms DATED: Other Clerk Woolbdght Gdl102~10.dOC Location iVlap Woolbright Grill EXHIBIT"A" E 400 0 ~,_,==~ 400 Feet SITE PLAN :' j I WOOUBRIGHTGRiLLE I Iq't' q~ J SLATTERY AND ASSOCIATES EXHIBIT "C" ~ ffAST-AWNING f: A. ~ PHYSICA ~L, CONFI~TION OF TH~ PROPERTY Q~Y, ~O A %~RY~M~LOW ~T TO ~ZST D~SION. ~ DESIGN OF A ~D~ ON ~ S[~ ~LOWS FOR NO'~D1TIONAL ROOM FOR A ~'1 ~C~ C~OPY. B. AS STA~ ~VE, ~ $~L~ESS ~ ~ 5I~ DOES NOT AL~W ROOM FOg ~D A SOL~ N~ ~G ~ 5~LrC~ ELECTS C. ~ G~N~Q OF ~S VA~NCE ~ NOT CONFER ANY SPEC~L P~E~. ~S A~G ~LL NOT ~ECT OK I~E ~ PROPER~8. D. AS ~A~ ~ "A% ~ t~Q~SS O~ OUR ~ DO~ ~T ~LOW ANY S~E PRODUC~O S~UCT~5. OF O~ ~ m O~X WA~R ~$ NOT ~LOW US TO PROVUE ~S~G TO ~. ~ ~L ~T S~C~ O~ ~I~ O~Y ~LO~S US VERY bl~T~ LA~SC~'G AT s~E ~ows ON T~ EAST ~t~'A~ON 85/17,x~2 09:25 SLATTERY AND A-S~C~A~ ~ ~=~S + i5617~26~59 NO. 6~5 EXHIBIT "C" NORTH AWNING A. THE NOP. T~: SFDE SETBACK. FOR Thq$ PRO/SCT HAS BEEN INCPdiAS ED DU5 TO IT'S kELATIVB ADJACENCY 'fO A P~SSIDENTIAL ZONINO DISTPdCI. HOWEVER, IN TH/S CASE ~ RESiDENTiAL PROPERTY OCCURS TO It{E NORTI{ OF OUR PROPEi~TY AND ACROSS WOOLBRIOET ROAD AND TI-~ BRIDGE OVER THE INIRACOASTAL B. ~ APPLICANT IS PROPOSINOPARTIAL R.ELi~F FI{OM THIS INCREASED SETBACK. BECAUSE OF ~ NATUI~ OF THE SITE AND TH~. ADJOINfNO CONDITIONS. C~ Tl~ NATURE OF TFI~ BKI]2~E AN~ IT'S P, AiVIP IS UNIQUE TO OL'T% SITE'S LOCATION. D. THE FACT TrrIAT OUR. SITE I$ A.D3ACENT TO A RESIDENTIAL ZONING DISTIl/CT DICTATES iFR'E INCREASED SETBACI(. HOWEVER, THE CODE DOES NOT TAKE INTO ACCOUNT Tt~ UNIQUE ?ROPEP. IIES OF THE LAND ADJOININO.OUB. SITE. ~ ERIt]f}E 'RAMP AND Tt'~ DISTANCE FROM OUR . ZONINO D1STIiICI. ~' ALON~,Th~ NDRTIq S/DE [$ AT A~ ALLO~/S US [E~,~R HA~ A EXHIBIT "D" Conditions of Approval Project frame: Woolbright Grill File number: ZNCV 02-010 (Awnings) Reference: DEPARTMENTS 1NCLUDE REJECT PUBLIC WORKS Comments: NONE X UTIL! 1 'IES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COM~IUN ITY' REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: Conditions of Approval 2 Woolbright Grill ZNCV 02-010 (Awnings) DEPARTMENTS INCLUDE REJECT 1. NONE X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 2. To be determined. ~ t~flffi ~ . DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE - CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME & ADDRESS: Richardson Duplex APPLICANT'S AGENT: Burl Gentry APPLICANT'S ADDRESS: P.O. Box 243 Delray Beach, FL. 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 6.C.3. requiring: 1) a minimum lot frontage of 75 feet to allow for a variance of 15 feet and a lot frontage of 60 feet. 2) a minimum lot area of 9,000 square feet to allow for a variance of 1,800 square feet and a lot area of 7,200 square feet. LOCATION OF PROPERTY: 306 S.E. 10~Avenue, Boynton Beach, FL. DRAWl NG(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appeanng on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR¸ THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~' HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby 2(' GRANTED subject to the conditions referenced ih paragraph 3 hereof. DENIED 5. This Order sh y upon issuance by the City Clerk. 7. DATED: All further develol and conditions of thi: -~o ~ Other : ~ c~ E be made in accordance with the terms Location Map Richardson Duplex EXHIBIT"A" 200 0 200 400 6(~0 Feet EXHIBIT "B" BOYNTON F hA 3_R?HLIR D. ORANE - OYxZNER AND DEIZEh OP~iR ~BEING A SUBD~YlS~ON OF AP O~TIOM OF TNB NONTM-~AST T-~N ~S S.N.~8 EAST LYING EAST OF AND ADJACENT TO THE EAST ~IGi~T OF V{AY LINE OF TNE N ~.G.~AILVgAY SCALE: l'-tO0 PALM BEACH THE RIDDLE CO, JULY 19~ COUNTY ~NG G S~VtCB -6 --- PALMETTO ....... _:~:~ .. STREET. EXHIBIT "C" LOT ]8 Commercic (C-5) LOT 5 C ~. 60.00 ~ '~"~ ~ound 2×2 1/2' IRF 4.13' ,-: 89'3'45" ~ 90°56'15' Monument t ~ LOT 19 'i ,; CBS ] · GARAGE o ~1.20' ~ o LOT ...... ~: -.J o ~ 6' Wood Fe / :20" 5'x5' Me,et ~ 45' ~r~e & Utility Shed g, 20' Parking ~ ~ 24-85' Cmnopy . '~ LOT 20 o ~ ~ 1~.10' ~ ~ Ex,sUng ~ D One Sto~ CBS o ~ Duplex Residence Chmlnlink ~nish Floor ~. 14.55 ~ LOT Fence ~ ~ 6.00' 12.06 ~ I 4' Choinklin~ ~.8~' 27.10' ~ ~ ~ Plon~e~ Fence ~ ~ ~ - ¢5' Drive ~ 89'03'45' ~ 9' 20' Parking~.90.56,15, N~ ~ (Existing) S.[. ~0th Ave (50' ~/W) N Conc 2 SCALE: 1" =21 2nd Street 20' Asphalt :~avement SITE PLAN for DUPLEX RESIDENCE & PARKING AREAS LEGEND: R/W indicates Right-of--way I.R.S. indicates ran rod set P.P. indicates Power Pole ~ indicates no~ to scale .R.F. indicates iron rod found <~ Number of Parkin9 Stolts LEGAL DESCRIPTION: Lot 19, Block "E", Hathaway Park, A Subdivision as Recorded in Plat Book page 17, in the Public Records of ~olm Beach County, Florida. 13, GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH, FLORIDA 33444 (561) 272-1924 LOT 18 Commercioi(C~-5) EXHIBIT "C" LOT 5 N Conc SCALE: 1" = 20" .z2 SS- C.L~ 2nd 20' Asphalt Pavement 6" W Ex. 6" w ~ 5" Waterline LEGEND: R/W indicates Right-of-way LR,S, indicetes iron rod set P.P. indicates Power Pole -v4- indicates not to scQle .R.F. indicates iron rod found D & M indicates Deed and Measured NOTES: 1. Unless it bears the signature and the original raised seal of o amy and is not valid, LEGAL DESCRIPTION: page 17, 'n the Public ~ecords of Palm Beach County, Florida. CERTIFICATION; subject to easements and right-of--ways of record and meets the minimum technical standards of ~¢~'e 61G1/7-6 ~f the Flo~do AdministroUve Code. ("i~'~lj_s,._o~__A~. 2en. ,b-y, ~p.E.-'~. '~"' ~',] '~,/ GENTRY ENGINEERING & a"rfd Mapper No. 2580 LANDSURVEYING,INC. L.B, N0.2,322 Date of Survey: Nov 12, 2001 P.O. BOX243 DELRAY BEACH, FLORIDA 33444 (561) 272-1924 '~ i .~ 60.00 Found 2x 1/2" IR ~ 89'3'45' ,~ 90'56'15' .~ 4-.13' ~. "~ x Monumen ' - 31.86' '"'--..._~ ..~2¢.00' ~ . .... ~ CBS ~ ~ .... ~ GARAGE ~ ~1.20' o o LOT ' ~ Conc Drive 6' ....... 0' ~ - ~ Wood Fe ~.09' 24.0 ~ ~.9~' U~ility Shed , ;i ~ ~ ' onopy 0 LOT 20 ~ 18. I0' ~2.~' o ~. One StoW CBS ~ Residence Rnish Floor El. 14.55 Choinlink LOT Fence ~ 16.00' 12.06' ~ I i 4' Chalnkllnl go' ~.84' 27.10' ~ ! ~C°"c'~Plante :appeal Fence 89'03'45' ~ ~ ~'90'56'15' ' 1/2"IRF~ ~.. 60.00' Set 5/8" IRC ' Conc. Drive Manhole ~ '~ 8" SS o 25.00' 8" Sonitow Sewer ~ o S.E, l Ave (50' R/W) EXHIBIT"D" ZONING CODE VARIANCE APPLICATION: ROBERT RICH_A_RDSON ( 306 SE 10th AVENUE ) ITEM 5. STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS OR REASONS JUSTIFING THE REQUESTED VARIJaMCE. A. The existing building was built more than 50 years ago, and the interior of the residence has been used as a duplex for over 30 yrs. ( based on witnesses from the local are). THE LOT IS PLATTED WITH THE FRONTAGE AND AREA AS REQUESTED FOR APPROVAL. B. The requeste area and frontage and as platted in the plat of Hathaway Park. C. The owner purchased the property as a duplex ( copy of sales ad attached ) and the grand fathered rights would not be considered as a special privilege. D. The property has been used as a duplex and the curren~ code ( C-3 ) allows for a duplex, but ~he owner needs the variance to continue the grand-father rights. E. The granting of this variance will allow the owner to continue the gzand-father rights and use the property as advertised when he purchased itt F. This variance will allow the owner to continue using the property as in the past and improve the building to meet current building codes to protect the public. EXHIBIT "E" Conditions of Approval Project name: Richardson Duplex File number: ZNCV 02-006 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANN1NG AND ZONING Comments: 1. Should the subject propertybe converted to a permitted commercial use X in the C-3 zoning district, the applicant shall be required to satisfy all code Conditions of Approval DEPARTMENTS INCLUDE REJECT requirements pertaining to a change fia use/occupancy (i.e. proper s~te design and buffering involving sound mitigation and hours of operations shall be required to mitigate any impacts on adjacent properties etc.). ADDITIONAL COMMUNnY REDEVELOPMENT AGENCY BOARD CONDITIONS Commefits: 1. None X ADDITIONAL tJHY COMMISSION CONDITIONS Comments: 1. To be determined. ~ ~ ~ S:\Planning\SHARED\WP\PROJECTS\Richardson DuDlex~.NCV~Condition of Approval,doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: Woolbright Grill (ZNCV 02-012) Joe Peterson of Slattery & Associates/Restaurant Holdings, APPLICANT'S ADDRESS: 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18, 2002 TYPE OF RELIEF SOUGHT: Variance requested on a buffer wall. LOCATION OF PROPERTY: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Deve opment Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach F or da on the date of hear ng stated above The C ty Corem ss on hav ng cons dered the re ef sought by the app ~cant and heard test mony from the app ~cant, members of c~ty adm~mstrat~ve staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant ~' HAS HAS NOT established by substantial competent evidence a basis for the relief req dested. The conditions for development requested by the Applicant, adminis:rative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ,'X' GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED.' /~-,~l-¢c~ --~o, ¢ Location Map Woolbright Grill EXH I B IT "A" 400 0 400 Feet WOOLBRIGHT GRILLE SLA'FTERY AND ASSOCIATES ° 9~5.";.7/82 09:25 SLGTTERY qND PS~OCIATES a ~.56~.?~25259 N0.635 Q05 · ' STATEMENT OF SPECIAL CONDITIONS EXHIBIT "C" $: ~.TH~ NO~TH SIDf $£TBACK FOP. THIS PROJECT N~ BE~ INC~ASED D~ TO ~LATIV~ AD~C~CY TO A ~SIDENT~L ~N~G D~STK~CT. HOW~ ~ T~S CAS~. ~ ~SlDEN~L PRO~.TY ~ ACROSS WOOLBKIG~ ~AD AND ~ OVER ~ ~COAST~ WAT~WAY. B: ~E APPLICANT IS PKOPOS~6 P~L ~L~F FROM THIS ~C~ASED S~AC~ ~CAUSE OF ~E NAT~ OF THE SITE ANO ~ AD~O~ING CO~ONS. IN C& O~IION ~TH T~ G~EKOF THE ADJOININ~ PROPERS, MOV~G THE ~ ~ET TO ~NORTH ~LLOWS ~NANTSOF ~E ~LO~G SI{OPP1NG C~ A G~ATER V~EW OF T~ WALKWAY. C: ~ O~O OF ~[s V~CE WILL ~ NO WAY ~NFE~ SPECIAL ~L~GES ~ ~E APPLICANT. ~ET~EK ~8 B~BING.IS SH~rEB T~N ~ ~RD~0N ~E$ NO DIe. KENCO- TO HIM ~ HATSOEVE~ D: AS STA~ ~VE THE'~ASON$ FOR THE ~EQU SST OF THIS VAgIANCE ARE FOR ACKOSS T~ WAT~A?, WH~,P~SERVINQ MO~ OF TF~ ~ST~O SHOPP~G ~ ~s view ~ TH~ EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill Filenumb~r: ZNCV 02-012 (Buffer wall) Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE IX F1RE Comments: NONE ~ POLICE Comments: NONE X ENGINEEPdNG DiVISION Comments: NONE X BUILDING DiVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: 1. Replacement of the six (6) toot high fence with a six (6) foot masonry buffer X wall to take place when residential development occurs on the adjacent propgrty. 2. With respect to consistency with a previous similar approved variance for the X R/ver~valk Shopping Plaza, the use of a similar native hedge material shall be Conditions of Approval 2 Woolbright Grill DEPARTMENTS INCLUDE REJECT required, preferably CoCoplum. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: The proposed Six (6) foot high chain link fence shall have green X vinyl coating. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 3. To be determined.