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Minutes 12-07-99 MINUTES OF THE REGULAR cTrY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOI~DA ON TUESDAY, DECEMBER 7, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tem Nellie Denahan, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk OPENINGS: Aa Call to Order - Mayor 3erry Broening Invocation - Reverend Bob Hahn - First United Methodist Church Pledge of Allegiance to the Flag led by Commissioner Ron Weiland Mayor Broening called the meeting to order at 6:32 p.m. Cc,mmissioner Weiland led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Following the invocation, lVlayor Broening reported that during the Agenda Preview Conference, there was discussion relative to the fact that Item VIT-A, Lowe's Home Center, "Request to amend the COmprehensive Plan Future Land Use Map", must be addressed prior to approving Consent Agenda Ttems IV-D.1, D.2, D.3, D.4, D.7 and D.8. Therefore, Mayor Broening requested a motion to remove Items :[V-D.1, D.2, D.3, D.4, D.7 and D.8 from the Consent Agenda for consideration after Public Hearing Item VIT-A. MOtion ViCe Mayor Tillman moved to remove Ttems TV-D.1, D.2, D.3, D.4, D.7 and D.8 from the Consent Agenda for Consideration after Public Hearing Ttem VII-A. Commissioner Denahan s~Conded the motion that carried unanimously. 2.- Adoption COmmissioner Denahan moved to approve the agenda as amended. seconded the motion that carried unanimously. ADMINISTR~TIYE: A. Appointments to be made: Commissioner Weiland MEETTNG MTNUTES REGULAR CZTY COMMI'SSTON BOYNTON BEACH~ FLOR.I:DA DECEMBER 7, 1999 APpOintment To Be Made Board Length of Term Expiration Date Mayor Broening 1' Weiland Children & Youth Advisory Board Children & Youth Advisory Board Alt 1 yr term to 4/00 Stu/NonVoting i yr term to 4/00 ! Weiland TT Denahan II~ Sherman IV Tillman Bldg. Board of Adjustment & Appeals Reg Bldg. Board of Adjustment & Appeals Reg Bldg. Board of Adjustment & Appeals Alt Bldg. Board of Adjustment & Appeals Alt 3 yr term to 4/01 3 yr term to 4/02 1 yr term to 4/00 i yr term to 4/00 I II Weiland Denahan Community Relations Board Community Relations Board Alt 1 yr term to 4/00 Reg 3 yr term to 4/02 II II Denahan Denahan Education Advisory Board Nuisance Abatement Board Reg 2 yr term to 4/01 Reg 2 yr term to 4/01 IVi Tillman Planning & Development Board IIi Denahan Recreation & Parks Board Alii appOintments were tabled. Alt i yr term to 4/00 Alt 1 yr term to 4/00 Tabled (2) Z! ANNOUNCEMENTS & PRESENTAT!ONS: A. Announcements: 1, December 10, 1999 - T.N.T. Concert Series - 6:00 p.m. to 9:00 p.m. @ Oceanfront Park Mayor Broening made this announcement. Mi 2. December 11, 1999 -"Breakfast in Boynton and Green Market" - 11:30 a.m. @ the Library Lawn ~yor Broening made this announcement. B. Presentations: 1. Proclamations: None 2 MEEI/NG MINUTES REGULAR CITY COMMzSSION BOYNTON BEACH, FLORIDA DECEMBER 7, 1999 I'V. CONSENT AGENDA: COmmissioner Denahan requested that Item IV-B.4 be removed from the Consent Agenda for discussion and that Items D.5 and D.6 be removed from the Consent Agenda for clarification. MOtion ViCe Mayor 'l~llman moved to approve the Consent Agenda with the exceptions of Items B.4, D.5 and D.6. Commissioner Denahan seconded the motion. COmmissioner Weiland requested that Item IV-C.2 be removed for discussion since there was concern that the extension of the contract with Xerox may not provide the proper amount of time. The motion carried unanimously. A. Minutes: City Commission Agenda Preview Meeting of November 10, 1999 City Commission Stormwater Workshop Meeting of November 15, 1999 Regular City Commission Meeting of November 16, 1999 Bids - Recommend Approval - All expenditures are approved in the 1999-00 Adopted Budget Approve TEMPORARY CUSTODIAL SUPPORT utilizing the City's Bid "ANNUAL BID FOR TEMPORARY LABOR SERVICES" from Tandem Staffing, with an estimated expenditure of $13,000 bringing the Bid's total estimated expenditure to $23,000 Piggyback a "COLLIER COUNTY BID/TRENCHLESS SERVER SYSTEM CONTRACTING SERVICES" for REHABII_ZTATION OF SEWER MAINS FOR NINE LOCA'I-[ONS - ES-I'~MATED 4,653 FEET by Insituform Technologies, Inc., for an estimated amount of $176,875 Piggyback bids of various entities for the "PURCHASES OF: THREE (3) FRONT END LOADER(S)/$416,502; 'I-VVO (2) RECYCLE TRUCK(S)/$214,768 and ONE (1) STREET SWEEPER/S129,950 from various vendors for a total expenditure of $761,220 Approve CHANGE ORDER #1 for "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" in the amount of $98,000, making the total estimated expenditure $385,562 MEETLNG MINUTES REGULAR CTTY COMMTSSZON BOYNTON BEACH~ FLOI~DA DECEMBER 7~ 1999 At Commissioner Denahan's request, Item B.4 was removed from the Consent Agenda for discussion. Renew the bid for "ANNUAL SUPPLY OF HYDROGEN PEROXIDE" to Vulcan Chemical Technologies, Inc. with an estimated annual expenditure of $200,000 Approve the Utilities/West Water Treatment Plan request for a "RETROFIT/UPGRADE OF FOUR AD.1USTABLE FREQUENCY DRIVES from Robicon in the amount of $70,509.30 Award "ANNUAL CONTRACT FOR HARDWARE vendors, as per staff's recommendation, with expenditure of $60,000 SUPPLIES" to various an annual estimated C, Resolutions: Proposed Resolution No. R99-158 Re: Authorizing the Mayor and City Attorney to execute an agreement between the City and the United States Department of Alcohol, Tobacco, and Firearms 2 Proposed Resolution No. R99-159 Re: Approval of an Extension Agreement with Xerox Business Services for continuation of photocopier services through December 31, 1999 AtJ Commissioner Weiland's request, Item C.2 was removed from the Consent Agenda for discussion. Proposed Resolution No. R99-160 Re: Approving the final plat known as Melear PUD and the $661,1:13.20 Bank of America Letter of Credit for construction of the associated water and sewer systems Proposed Resolution No. R99-161 Re: Approving a Construction Surety Escrow Agreement between the City of Boynton Beach and EB Developers, Inc., and Kodsi & Eisenstein, P.A., (Escrow Agents) for the construction of Knuth Road D. Ratification of Planning & Development Board Action: Lowe's Home Center (Number of Signs) - Southwest corner of ]:-95 and Woolbright Road - Request for relief from Chapter 21 Signs, Article IV, Section 2(B) which limits a single use to one (1) site sign to allow the erection of two (2) site signs Item D.1 was moved during Agenda Adoption. This item will be addressed following Public Hearing Item VII-A. 4 MEE'r'~NG M'rNUTES REGULAR cz'rY COMM'rSSTON BOYNTON BEACH~ FLOR.tDA DECEMBER 7~ 1999 Lowe's Home Center (Pole Sign Height) - Southwest corner of T-95 and Woolbright Road - Request relief from Chapter 21, Signs, Article ]:V, Section 2(B) which limits maximum sign height to 20 feet to allow for erection of a 49 foot high pole sign Ttem D.2 was moved during Agenda Adoption. This item will be addressed following Public Hearing ]:tem VTT-A. Lowe's Home Center - Southwest corner of ]:-95 and Woolbright Road - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 23, Article 11.(A)(7) which limits the maximum number of driveways along a single street to two (2), to allow a total of three (3) driveways Ttem D.3 was moved during Agenda Adoption. This item will be addressed following Public Hearing ]:tem VTT-A. Lowe's Home Center - Southwest corner of T-95 and Woolbright Road - Request for a height exception in accordance with the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.F.1 to allow a five (5) foot increase from the maximum forty-five (45) foot height limit, or a 50 foot high roof feature at project entrance Ttem D.4 was moved during Agenda Adoption. This item will be addressed following Public Hearing ]:tem Carsrud - Southwest corner of NE 7th Street and NE 8th Avenue - Request relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum side (corner lot) setback of 25 feet, to allow a 10 foot side setback variance, or a side setback of 15 feet to construct a single-family dwelling At Commissioner Denahan's request, Ttem D.5 was removed from the Consent Agenda for clarification. Carsrud - Southwest corner of NE 7th Street and NE 8th Avenue - Request relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet, to allow a 10 foot rear setback variance, or a rear setback of 15 feet to construct a single-family dwelling At Commissioner Denahan's request, Ttem D.6 was removed from the Consent Agenda for clarification. 7. Lowe's Home Center - Southwest corner of T-95 and Woolbright Road - Request to amend the Comprehensive Plan Future Land Use Map from MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 7, 1999 "Industrial" to "Local Retail Commercial" and rezone from Planned Industrial Development District (PID) to Community Commercial (C-3) Item D.7 was moved during Agenda Adoption. This item will be addressed following Public Hearing Item VII-A. Boynton Commerce Center PID - Southwest corner of 1-95 and Woolbright Road - Request to modify the master plan including removal of Parcel 3A from the Boynton Commerce Center PID in connection with the assembly of land for the adjacent Lowe's Home Improvement Center project Item D.8 was moved during Agenda Adoption. This item will be addressed following Public Hearing Item VII-A. m High Ridge Properties - 2900 High Ridge Road - Request to amend the approved site plan with the addition of attached one-story, 35,820 square foot warehouse/office building to the existing 35,634 square foot warehouse/office building and related site improvements. Total building area is increased to 71,454 square feet, and parking spaces increased to 148. Authorize the Utility Director to proceed with a $12,000 repair of the Deep Injection Well Approve the application of Mr. Crichett, President of Palm Beach Tours and Transportation, Inc., for a Certificate of Public Convenience and Necessity CONSENT AGENDA DISCUSSION ITEMS: B.a. Approve CHANGE ORDER #1 for "ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE" in the amount of $98,000, making the total estimated expenditure $385,562 Commissioner Denahan noted that the Change Order represented 20% of the entire expenditure. It was her opinion that the City should rebid this contract. John Wildner, Parks Superintendent, advised the contract that was bid out approximately one year ago involves four contractors. That contract contains an hourly rate option to add additional items to the contract. As the City gets additional areas to maintain, those areas are added to the contracts and divided among the four contractors. This is planned for in advance siBce the City knows there will be additional work throughout the course of the year. MEET/NG MINUTES REGULAR CTTY COMMISSTON BOYNTON BEACH, FLOR/DA DECEMBER 7, 1999 In previous years, these contracts were tracked by fiscal year only. With the advent of the new HTE program, these contracts are now tracked by contract year as well as fiscal year. For that reason, the Finance Department requested that this item be presented so that the Commission and auditors fully understand how this works. Mayor Broening confirmed with Mr. Wildner that the Change Order related to additional work and not price changes. Mr. Hawkins pointed out that the additional back-up information that was presented itemized what each company would be doing with respect to the additional work and the approximate cost of that additional work. COmmissioner Weiland referred to the Golfview Harbour median additional tree trimming and asked for clarification since it was his opinion that $800 was excessive for trimming the Sabal Palms. Mr. Wildner explained that there are two small entranceways that were added to the contract when the City took over this maintenance from the homeowners' association. Tt is public right-of-way and the City did not consider the tree trimming. Mr. Wildner said there are trees in addition to the Sabal Palms. When Commissioner Weiland recommended that this situation be investigated, Mr. Wildner said he would comply and explained that staff does not anticipate spending all of the money being authorized. This approval would encumber the funds so that the bills could be paid. COmmissioner Denahan pointed out that the contract would be expiring within approximately 30 days. She questioned why the City is not rebidding this work. Mr. Wildner explained that the City might choose to rebid the work. However, this work has been ongoing and we have eXceeded the contract encumbered amount. We maintain an itemized list of the areas that were added throughout the year. A portion of this money will not be spent. COmmissioner Denahan said she is in favor of maintaining the landscape. However, she is skeptical about a Change Order in the amount of $98,000 for additional work. Since the contract will be expiring in 30 days, she could not understand why the process was not being rebid prior to the expiration. Mr. Wildner said some of this work has already been done. This Change Order will extend the amount that is authorized through the end of the contract year. W~ receive bills weekly and must have enough money to finish out this contract year. The possibility of rebidding this contract is within the parameters in January. ViCe Mayor 'lqllman realized that the departments have a line item known as "Other Contractual Services". Vice Mayor 7111man inquired whether this money was budgeted. Mr. Wildner said the money was budgeted because staff anticipated spending additional funds. MOtion Cgmmissioner Denahan moved to approve Change Order #1 for Annual Contract for Landscape Maintenance in the amount of $98,000. Vice Mayor 'i~llman seconded the motion that carried 4-~. (Commissioner Weiland dissented.) MEETZNG MTNUTES REGULAR CTTY COMMZSSTON BOYNTON BEACH, FLOI~DA DECEMBER 7, 1999 C,2 Proposed Resolution No. R99-159 Re: Approval of an Extension Agreement with Xerox Business Services for continuation of photocopier services through December 31, 1999 Mr. Hawkins advised that staff is analyzing our copier needs throughout the City and have developed a plan to address this. We currently have a contract with Xerox and they have agreed to allow us to develop the plan beyond the original contract period. This extension will allow us to complete the plan. Staff is planning to go to State Contract Bid and Xerox is on State Contract Bid. Staff does not believe there is a need to extend the contract further than December 3:[, 1999. Motion Commissioner Weiland moved to approve Proposed Resolution No. R99-159. Commissioner Denahan seconded the motion that carried 5-0. O,5, Carsrud - Southwest corner of NE 7th Street and NE 8th Avenue - Request relief from Chapter 2, Zoning, Section S(D)(2)(a) requiring a minimum side (corner lot) setback of 2S feet, to allow a 10 foot side setback variance, or a side setback of 1S feet to construct a single-family dwelling and D.6 Carsrud - Southwest corner of NE 7th Street and NE 8th Avenue - Request relief from Chapter 2, Zoning, Section S(D)(2)(a) requiring a minimum rear setback of 2S feet, to allow a 10 foot rear setback variance, or a rear setback of 1S feet to construct a single-family dwelling Commissioner Denahan requested clarification of the definition of a "hardship". Attorney Cherof advised that the concept and need for a finding of hardship should be based on facts that indicate that the property is undevelopable without the granting of the variance. The granting of the variance should be reserved to very narrow circumstances that do not include inconvenience or an ordinary economic loss in the property. Tt must include situations where the property cannot be developed because of the unique size or configuration. This item was discussed at the Agenda Preview Conference and when Attorney Cherof reviewed the record of the Planning & Development Board meeting, he could not find a legal basis that would support the Commission finding that a hardship exists. The property owner could be allowed to provide additional information that might establish a unique situation, but that does not exist in the record to date. COmmissioner Denahan said this site is in the CRA and she wanted to ensure that the Codes and standards were applied with discretion in the granting of variances. At this time, COmmissioner Denahan could not support the recommendation because she could not MEETLNG M'rNUTES REGULAR Ct'TY COMMTSSZON BOYNTON BEACH~ FLORI'DA DECEMBER 7f :1.999 determine proof of a hardship in the material that was presented to the Planning & Development Board or the City Commission. Commissioner Denahan said she would welcome a presentation from the applicant. Lee Wische, Chairman of the Planninq & Development Boardr said the board did not pass this request. Item D.5 was denied and relief for the rear setback in Item D.6 was granted. Mayor Broening pointed out that the request was based on a design that Mr. Carsrud had selected without knowledge of the setbacks that were required for the lot. Mayor Broening asked if it was feasible to build the house that was designed since one request was denied. Nancy Byrne, Acting Director of Development, advised that during the Planning & Development Board meeting, the plan appeared to slightly infringe on the one side that was approved. The majority of the house was on the front setback area that was denied. ]:t appeared that the floor plan could not be built in the configuration that is currently sitting on the lot. This does not define a hardship. Ms. Byrne confirmed that there was no discussion about Mangroves. Commissioner Weiland was present at the Planning & Development Board meeting and it was his understanding that Mr. Carsrud chose this special design before he realized that there were these setback requirements. This does not constitute a hardship. At the podium, Mr. Carsrud requested that the Commission understand his desire to develop a single-family residence. The setback requirements of 25' would leave a construction area of only 37' x 75'. This would require him to construct a two-story building that would block the view to the west. Mr. Carsrud said his request would allow him to put in a nice home that would compliment the area and be an incentive for others to come to the area. The restrictive setback requirements present a hardship for him. Commissioner Denahan is anxious to encourage the development of homes on this street. HOwever, the Codes must be applied fairly across the board. There is no evidence of a hardship. Mr. Carsrud said the hardship is that he cannot build a single-family residence on such a small area. At the very least, he would like 5'. Mr. Carsrud said that if he were not granted some type of variance, he would not be able to build on the lot. The Commissioners reviewed the location map that was part of the back-up material and noted that there are other lots existing in Mangrove Walk with the same orientation. Mayor Broening questioned whether there are homes on those lots. Commissioner Denahan advised that the end caps to the NE 7m Avenue, NE 8t" Avenue and NE 9th Avenue are not fully developed. There are only two houses. There are three vacant lots at the end of NE 8th Avenue. The two hemes face east and the property directly west of this parcel is vacant. Cemmissioner Denahan reconfirmed with Attorney Cherof that in order to grant the variance, it wquld be necessary for the applicant to prove a hardship. Therefore, she stated she would not support the request. Mr. Carsrud requested additional time (two weeks) to establish the hardship. MEETTNG MTNUTES REGULAR CTTY COMMISSTON BOYNTON BEACH~ FLORZDA DECEMBER 7, 1999 Motion Commissioner Denahan moved to table Consent Agenda Items D.5 and D.6 until the next City COmmission meeting (December 21~t). Vice Mayor '~llman requested that Commissioner Denahan amend the motion to include the phrase "with full staff review". Commissioner Denahan moved to table Consent Agenda Items D.5 and D.6 with full staff review. Vice Mayor Tillman seconded the motion that carried unanimously. Mr. Carsrud requested the City Attorney's definition of a hardship. Attorney Cherof advised that the requirement is that it must be a condition that renders the property undevelopable so that one could not derive any economic use from it - not that a smaller house could not be built. He reminded the applicant that the lot is 70' x 125' and there are many other lots throughout the City that have houses on them with the same configuration. The fact that Mr, Carsrud cannot build the type of house he wants does not constitute hardship. V. CZTY MANAGER'S REPORT: Mr. Hawkins reported the following: The Leathers Playground reconstruction is progressing in spite of delays associated with material delivery and the weather. The new projected date for completion is the latter part of December. We anticipate a celebration in mid-January in conjunction with the Progress Trail. The Gateway Boulevard Project is also moving slowly. There have been weather, material delivery and technical delays with underground utilities. The new projected completion date for this project is approximately the end of May 2000 and that date could be extended. West Boynton Beach Boulevard is under reconstruction by the FDOT. This is regular business that involves new landscape medians, remilling and repaving. They will be doing the medians as well as the chase areas along the sidewalks. This project completion date will be well into 2000. VI. PUBLIC AUDTENCE: MAYOR BROENING ANNOUNCED THE PUBLIC AUDIENCE. THERE WAS NO ONE PRESENT WHO WISHED TO ADDRESS THE COMMISSION. VII. PUBLIC HEARING: lo MEETING MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORZDA DECEMBER 7f 1999 Project Name: Lowe's Home Center (Postponed until after the November23. 1999 Planning & Development Board meet/ng) Owner: Location: Description: Robert E. Basehart, AICP, Basehart Consulting, Inc. Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request to amend the Comprehensive Plan Future Land Use Map from "Industrial" to "Local Retail Commercial" and rezone from Planned Industrial Development District (PID) to Community Commercial (C-3) ATTORNEY CHEROF ADMINISTERED THE OATH TO ALL THAT WOULD TESTIFY DURING THIS QUASI-JUDICIAL PROCEEDING. Robert Basehart, representing Lowe's Home Center, 333 Southern Boulevard, Suite 200, West Palm Beach, is an AICP Certified Planner. Mr. Basehart announced that Wayne Adams, Architect, Mike Reynolds, Project Manager, and Rich Wilson, Engineer, were present in the audience. Mr. Basehart advised that the overall site is 15.27 acres in size. It is across the street from The Home Depot and it is at the southwest corner of 1-95 and Woolbright Road, The property consists of two parcels in the Woolbright Corporate Center plat. Parcel I is 9.38 acres and it is Comp Planned Commercial and zoned C-3. It is not part of this application even though it is part of the overall site plan. Parcel 3A is the property in question and it is 5.89 acres in size. It is vacant and is part of the Boynton Commerce Center PID. One of the other applications on the agenda is to modify the PID master plan by removing this parcel from the PID. The applicant requested that this parcel that is in the PID be changed from Industrial to COmmunity Commercial and rezoned to C-3 for the purpose of combining the sites under a single zoning classification so that it has one set of development standards. The amendments will not add to commercial uses because the total floor area of the Lowe's Home Center actually results in a slight reduction in square footage. The application meets the eight criteria in the Comprehensive Plan for approval of an amendment and meets all concurrency standards for the Comprehensive Plan and for the zoning level. Mayor Broening announced that staff and the Planning & Development Board recommended approval of the application with the exception of Condition #10 that refers to the sign. Mayor BrOening asked if that issue had been resolved, M~. Basehart said the freestanding sign was redesigned and that redesign reduced it to 17'-10" wl~ich is within the height limits allowed by the Code. Mr. Basehart requested that the variance for the sign height be withdrawn. M~. Basehart announced that the conditions of approval were reviewed for the Comprehensive Plan amendment and the rezoning and the applicant is in agreement with all of them. 11 MEETING MZNUTES REGULAR CZTY COMMZSSZON BOYNTON BEACH, FLOI~DA DECEMBER 7, :L999 Commissioner Weiland requested clarification regarding the sign. Mr. Basehart said there would be one sign set in the middle of the property approximately halfway between T-95 and the entrance to the Commerce Park. Mr. Basehart used the plan to indicate the location of the sign. Mr. Basehart advised that the 29' high monument sign was originally planned for the extreme northeast corner of the site. That sign has been moved to the center of the site with an increased landscaped area and redesigned parking area to meet the setbacks. The sign was reduced to just under 18'. Mr. Rumpf advised that the Planning & Development Board did not have a sign to look at. If the Commission agrees with the sign that is presented, it must go back before the Planning & Development Board for approval. COmmissioner Weiland was of the opinion that there was agreement between the Planning & Development Board and Mr. Basehart that this item would be taken care of between the board meeting and the Commission meeting so that the issue could be resolved. Mr. Rumpf disagreed because the board wants to see the sign. The board members stated that they wanted staff to ensure that what the applicant does bring back before the board does meet what was approved. Lee Wische, Chairman of the Planning & Development Board, pointed out that the board has had an ongoing situation with items that are subject to staff comment. Once the board approves an item, they are presented to the Commission, but the board never gets to see them again. The board stipulated that any signs they have not seen that are presented to the Commission are to go back to the Planning & Development Board. Mr. Basehart had no objection to this condition. Tn response to Commissioner Weiland, Mr. Basehart said the sign would have a masonry pedestal. The overall height is slightly less than 18'. The sign cabinet will sit on top of a base. Frpm ground level, it will be approximately 12' to 13' to the precast concrete cap. The sign caibinet will sit on top of that. Tt is 61.4 square feet. This is less than allowed by the Code. ViCe Mayor llllman pointed out that the Commission has the final say over all issues. However, he pointed out that approval should include a condition that it will go back before the Planning & Development Board for review. MOtion ViCe Mayor Tillman moved that the project named Lowe's Home Center at the southwest corner ofiI-95 and Woolbright Road be approved with the request to amend the Comprehensive Plan Future Land Use Map from "Industrial" to "Local Retail Commercial" and rezone from Planned Industrial Development District (PID) to Community Commercial (C-3). Mayor Pro Tom Sherman seconded the motion. 12 MEETING MTNUTES REGULAR CTTY COMMTSSTON BOYNTON BEACH, FLOI~DA DECEMBER 7~ 1999 MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION, The motion carried unanimously, CONSENT AGENDA ITEMS RELATED TO LOWE'S HOME CENTER: Dil. Lowe's Home Center (Number of Signs) - Southwest corner of T-95 and Woolbright Road - Request for relief from Chapter 21 Signs, Article TV, Section 2(B) which limits a single use to one (1) site sign to allow the erection of two (2) site signs Mr. Basehart explained that an existing sign at the corner of the site announces the Boynton Park of Commerce. This is a ground sign. On the other side of Corporate Drive, there is a matching sign that forms an entrance into the Industrial Park. The applicant believes this is an existing, nonconforming off-premise sign. Staff's position is that it is on the site; therefore, it is a site sign. If that is the case, the applicant needs a variance to allow one additional sign since Lowe's will have only one freestanding sign. Commissioner Weiland advised that he would not have a problem with this request as long as the sign at the corner is not deleted and a monument sign added at the northwest corner of the property at 1-95. MOtion Vice Mayor Tillman moved approval of Consent Agenda Item IV-D.1. Commissioner Weiland seconded the motion that carried 5-0. Lowe's Home Center (Pole Sign Height) - Southwest corner of T-95 and Woolbright Road - Request relief from Chapter 21, Signs, Article TV, Section 2(B) which limits maximum sign height to 20 feet to allow for erection of a 49 foot high pole sign Mr. Basehart announced that this item was withdrawn during the presentation of the Public Hearing item. D.3. Lowe's Home Center - Southwest corner of 1-95 and Woolbright Road - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 23, Article 11.(A)(7) which limits the maximum number of driveways along a single street to two (2), to allow a total of three (3) driveways MOtion ViCe Mayor Tillman moved approval of Consent Agenda Item IV-D.3. Commissioner Weiland seconded the motion that carried unanimously. D.a. Lowe's Home Center - Southwest corner of T-95 and Woolbright Road - Request for a height exception in accordance with the City of Boynton Beach Land Development 13 MEETING MTNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLOI~DA DECEMBER 7, 1999 Regulations, Chapter 2, Zoning, Section 4.F.1 to allow a five (5) foot increase from the maximum forty-five (45) foot height limit, or a 50 foot high roof feature at project entrance Motion Commissioner Weiland moved approval of Consent Agenda Item TV-D.4. Vice Mayor Tillman seconded the motion that carried unanimously. D;7. Lowe's Home Center - Southwest corner of 1-95 and Woolbright Road - Request to amend the Comprehensive Plan Future Land Use Map from "Tndustrial" to "Local Retail Commercial" and rezone from Planned Industrial Development District (PID) to Community Commercial (C-3) Mayor Broening announced that this item was "moot" since it was already addressed under the Public Hearing. D.a. Boynton Commerce Center PID - Southwest corner of 1-95 and Woolbright Road - Request to modify the master plan including removal of Parcel 3A from the Boynton Commerce Center PTD in connection with the assembly of land for the adjacent Lowe's Home Improvement Center project MOtion vice Mayor lqllman moved approval of Consent Agenda Ttem TV-D.8. Tn response to Mayor Pro Tam Sherman, Mr. Basehart said this is required so that it can become part of the assembled Lowe's package. Mayor Pro Tam Sherman seconded the motion that carried unanimously. Project Name: Agent: Location: Description: F.H. Foster Oil Joseph J. Verdone, Carlton Fields 319 Tndustrial Avenue Request for conditional use approval to allow modifications to fuel dispensers and equipment as required by State Law, together with the addition of three (3) fuel dispensers to improve convenience and circulation and landscaping and parking lot improvements A'I-FORNEY CHEROF ADMINISTERED THE OATH TO ALL THAT WOULD TESTIFY DURING THIS QUASI-JUDICIAL PROCEEDING, Joseph Verdone, 222 Lakeview Avenue, said the applicant is in agreement with all of the conditions of approval. Mr. Verdone met with staff and will be submitting a rectified plan. 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 7, 1999 MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION, Motion Commissioner Denahan moved to approve the conditional use subject to staff comments. Vice Mayor Tillman seconded the motion that carried unanimously. VIII. BIDS: None DEVELOPMENT PLANS: None X. NEW BUSINESS: Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round II:[ Core Grant Program (I'ABZ~D A T NOV£MB£R X6r~ M£~T~rNG) Mr. Hawkins requested that this item remain on the table since the applicant has not yet resolved issues regarding this application. :)CZ. LEGAL: A. Ordinances- 2nd Reading - PUBLIC HEARING None B. Ordinances- 1~t Reading Proposed Ordinance No. 099-34 Re: Amending Chapter 2 Zoning, Land Development Regulations; by creating a new Section 11 (A), Newsrack Regulations within the Central Business District and the Community Redevelopment Area Attorney Cherof read Proposed Ordinance No. 099-34 by title only. Motion ViCe Mayor Tillman moved approval of Ordinance No. 099-34. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. ]5 MEETZNG MTNUTES REGULAR CTTY COMM1'SSTON BOYNTON BEACH~ FLOP~DA DECEMBER 7, 1999 Proposed Ordinance No. O99-35 Re: Amending Chapter 2 Zoning, Land Development Regulations Section 6 (E)(1); providing that until the CRA becomes a seven-member body or a separate entity from the City Commission, all applications for conditional uses located within the Central Business District and the Community Redevelopment Area shall be considered and reviewed by the Planning and Development Board Attorney Cherof read Proposed Ordinance No. 099-35 by title only. Vice Mayor Tillman recommended that the language of the Ordinance be cleaned up. He eXplained that a number of years ago, there was a separate board that was eliminated because the Planning & Development Board would continue to serve the City by reviewing all applications. Vice Mayor 'l~llman felt it would be appropriate to continue that action and suggested eliminating the language of the Ordinance that read: "...UNTIL THE CRA BECOMES A SEVEN MEMBER BODY OR A SEPARATE ENTITY FROM THE CITY COMMISSION..." Vice Mayor Tillman felt this language was unnecessary. He pointed out that there is no other board in place except the CRA. The former board was removed because it was redundant to have multiple review boards. He recommended tabling this Ordinance to allow an opportunity fo? the language to be cleaned up and brought back, COmmissioner Denahan said she was the person who requested that staff review the conditional uSes coming before the CRA because the Planning & Development Board serves a very valuable pUrpose. Tt is important and helpful to see their comments. Commissioner Denahan did not intend to add a level of bureaucracy. She wants this process to be expedited. Commissioner Denahan concurs with Vice Mayor Tillman's comments but questioned whether the Ordinance could be written so that it could be automatically reviewed at a later date. With the addition of a new CRA Director in the City, there could be new ideas. At the same time, Commissioner Denahan would like to benefit from conditional uses being reviewed by the Planning & Development Board. She suggested the following language for the Ordinance: "There would be an automatic review at a later time specifically when the CRA and Commission are not the same entity." Mayor Pro Tem Sherman said he served on the Planning & Development Board and during this evening's proceedings, the Commission referred to that board's decisions on practically every actiOn item. He questioned what was wrong with the current system. Attorney Cherof advised that the Central Business District is a unique area. The Planning & Dave opment Board reviews conditional use applications in every other zoning district except for th~ CBD. In the CBD the CRA serves in place of the Planning & Development Board. The Cqmmission is the CRA. Recently, the Commission considered a conditional use application by Eckerd's. This body sat as the CRA one week and less than two weeks later, considered the 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA DECEMBER 7, 1999 same item as the Commission. That is redundant. In an effort to streamline that process, staff was asked to look at the process and make a recommendation. One of the recommendations was that as long as the Commission is identical to the CRA, do not make the applicant appear before the same five people twice in a row. :Instead, defer it to the Planning & Development Board. That board has the expertise to review conditional use applications. The only thing staff tried to build into the Ordinance was that when the five members of the Commission cease to be all of the CRA - either by adding two members or if it goes to an independent board - then revert back to the process that was originally in the Code. Mayor Pro Tem Sherman was not comfortable with the Ordinance. Vice Mayor Tillman said he understood staff and the City's Attorney's position. However, if an . independent entity takes over, then the Commission should revert back to the process that was originally set forth in the Code. However, he did not believe there was a need for that language at this time. Commissioner Weiland feels the Planning & Development Board is a very valuable component to the City and the Commission in reviewing these applications. Down the road, when the Commission does not serve as the CRA, or when there are two new members added to the CRA, perhaps those two members would not have input if the Planning & Development Board reviewed these applications. At this point, the language needs to be cleaned up and we should keep things the way they are at the present time and have a new Commission address the wording of the Ordinance. The Planning & Development Board should be able to review the items and then they should move forward to the Commission. Mayor Broening pointed out that the Commission depends heavily on staff and the opinions and knlowledge of the Planning & Development Board. The board is a resource this City relies on. Atthe same time, a new CRA Director/Development Director will start with the City very soon and he has a great deal of experience in the redevelopment and development areas. Mayor Br°ening would like to table this Ordinance until Mr. Greene's input is available. :It would be a diSService not to get his opinion. COmmissioner Denahan is not opposed to tabling this Ordinance but she feels there is a tremendous benefit of getting the Planning & Development Board's recommendation. She would like Mr. Greene to have an opportunity to offer input. The suggested language regarding reviewing it at a later time might serve both purposes. MOtion ViCe Mayor 'lqllman moved to table this pending staff review of language. Commissioner Denahan felt it might be possible for Mr. Greene to review this Ordinance even before he comes onboard. MaYor Pro Tem Sherman asked for clarification of the issue of adding two additional members to the CRA. He recalled voting that that would not happen. 17 MEET?NG M'rNUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH, FLOR.~DA DECEMBER 7, 1999 Mayor Broening said the item was deferred. Attorney Cherof agreed. Mayor Pro Tem Sherman expressed confusion over tabling this item and Commissioner Weiland agreed. He pointed out that the City Commission has not yet decided that the CRA would be a seven-member board or a separate entity from the City Commission. Therefore, he questioned the need to change things that are currently working well. Vice Mayor Tillman pointed out that tabling this Ordinance would give staff an opportunity to respond. This would also offer a good opportunity to review this to clean up the language or it will come back again and the Planning & Development Board would not have a function to act in providing services to the CRA. If the language is taken out, the Planning & Development BOard would maintain the function under the CRA as it is with the rest of the City. Tn this way, the CRA and Commission would act as one instead of convening again to do the same thing on a particular issue. This is an action that needs to be taken. Attorney Cherof realized that the Commission liked the half of the Ordinance that shifts cOnditional use review to the Planning & Development Board. The part of the Ordinance the Commission is not ready for is the part that talks about what happens in the future if the configuration of the CRA changes. Rather than tabling this issue, he recommended striking it from the agenda and it will be brought back for first reading at the next meeting indicating the shift of conditional use review to the Planning & Development Board. The balance of the Ordinance can be addressed once the Development Director is onboard. Vice Mayor Tillman withdrew his original motion. Amended Motion ViCe Mayor Tillman amended his motion to strike the Proposed Ordinance. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. C, Resolutions: Proposed Resolution No, R99-157 Re: Supporting permanent and consistent funding for Regional Planning Councils (TAB£EO A T NOV£MB£R ~GTM I~EET~NG) Motion Commissioner Denahan moved to remove this item from the table. Mayor Pro Tom Sherman seconded the motion that carried unanimously. Mri Hawkins explained that this was a Resolution being circulated regarding the State's apProach to funding the MPO. The State reduced the level of funding over the last several years and the League would like cities to "step up to the plate" in letting the State know that thi~ is becoming an unfunded mandate because the burden of funding is falling on local 18 MEETTNG MTNUTES REGULAR CZTY COMMZSSTON BOYNTON BEACH~ FLOP~DA DECEMBER 7~ 1999 jurisdictions. This Resolution would be forwarded to the State Legislature to encourage them to restore the level of funding and not to continue to reduce the level of funding. Motion COmmissioner Denahan moved to approve Proposed Resolution R99-157. Mayor Pro Tem Sherman seconded the motion that carried 4-0. (Vice Mayor Tillman was away from the dais.) D. Other: 1. Ratification of Code Compliance Board action: Reduce the fine in Case #98-3157 (415 NW 9th Avenue) from $7,500 to the administrative costs of $634.12 ('/.`4BZ£Z~ ,4/' NOV£MB£R X6r~ Reduce the fine in Case #99-760 (45 NW 9th Avenue) from $3,150 to the administrative costs of $634.12 · d~ ~£~XN~) Motion COmmissioner Denahan moved to remove Legal Ttems D.l.a and D.l.b from the table. Mayor PrO Tem Sherman seconded the motion that carried 4-0. (Vice Mayor Tillman was away from the dais.) Attorney Cherof reminded the Commissioners that these were two lien reductions that came before the Commission. However, during the testimony, it became apparent that the property owner had acquired the parcels during a foreclosure proceeding. Ordinarily, the City would be joined into the foreclosure proceeding and the lien would be deleted from the public record. This lien survived the proceeding. The City was made a party to the foreclosure and the City's lien was foreclosed. The appropriate disposition of these case would be to reduce the fines in CaSes 98-3157 and 999-760 to zero. There are no associated administrative fees. Motion Commissioner Denahan moved to accept the City Attorney's summation of Ttems D.l.a and D.l.b. Mayor Pro Tem Sherman seconded the motion that carried unanimously. XIi, UNFINISHED BUSINESS: None XIiI, OTHER: Commissioner Denahan announced that she is not planning on seeking reelection in March. 19 MEETLNG M]'NUTES REGULAR C'rTY COMMTSS1'ON BOYNTON BEACH~ FLOR.I:DA DECEMBER 7, 1999 X]:V. AD3OURNMENT: There being no further business to come before the Commission, Vice Mayor Tillman moved to adjourn. Mayor Pro Tem Sherman seconded the motion that carried unanimously. The meeting properly adjourned at 7:50 p.m. CITY OF BOYNTON BEACH All'EST: "Cit~lerk ""- t/Dz~puty city Clerk ',-('Two Tapes) 12/08/1999 2:53 PM Mayor Pro Tern Commissioner Commissioner 20