Minutes 10-02-01 MTNUTES OF THE REGULAR CZTY COMM'I'SSI'ON F'IEETZNG
HELD IN COMMI'SS'ZON CHAMBERS, CZTY HALL, BOYNTON BEACH,
FLORZDA,
ON TUESDAY~ OCTOBER 2~ 2001 AT 6:30 P.M.
PRESENT
Gerald Broening, Mayor
Ron Weiland, Vice Mayor
Charlie Fisher, Commissioner
Kurt Bressner, City Manager
James Cherof, Ob/Attorney
Janet Prainito, City Clerk
ABSENT
Mike Ferguson, Commissioner
Mack McCray, Commissioner
Z. OPENZNGS:
Call to Order - Mayor Gerald Broening
l~nvocation- Rev, Randall Gill, First Presbyterian Church
Pledge of Allegiance to the Flag led by Vice Mayor Weiland
Mayor Broening called the meeting to order at 6:35 p.m. Rev. Gill offered the invocation. Vice
Mayor Weiland led the Pledge of Allegiance to the Flag.
D, ZF YOU WZSH TO ADDRESS THE COMMISSZON:
· FZLL OUT THE APPROPRIATE REI~UEST FORM
· G~VE :Lrr TO THE CZTY CLERK (ON THE DA~S) BEFORE THE "OPENZNGS"
PORTZON OF THE AGENDA HAS BEEN COMPLETED
· COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME
I'NDZVZDUALS MAY SPEAK FOR THREE UNTNTERRUPTED MlrNUTES.
E. Agenda Approval:
:1. Additions, Deletions, Corrections
City Manager Bressner added ~[tem C under the City Manager's Report. This item concerns
authorizing an excavation permit for Villa del Sol.
2. Adoption
Motion
Commissioner Fisher moved to approve the agenda, as amended.
seconded the motion that carried unanimously.
Vice Mayor Weiland
MeeUng Minutes
Regular City Commission
Bovnton Beach. Florida
October 2~ 2001
PUBLZC AUDZENCE:
ZNDZVZDUAL SPEAKERS WZLL BE LI'MTI'ED TO 3-MZNUTE PRESENTATLONS
Herb Suss stated that he hoped the Visions 20/20 issue will be addressed. He also asked
whether the City has a safety and security plan in place because of the events on September
11m. He said that we must be prepared and work with other cities, the co~Jnty and the state.
He offered his assistance in any way.
Dee Zibelli, 440 Ocean Parkway~ requested the City Manager's assistance in obtaining a
community meeting room at Rolling Green School. She also had a concern regarding the Ocean
Parkway median's appearance and requested the City's assistance.
III. OTHER:
A. Informational Items by Members of the City Commission
Commissioner Fisher requested that a survey of surrounding municipalities be conducted
regarding citizens serving on multiple City boards.
City Manager Bressner stated that this matter should be settled by resolution and it would
appear before the Commission on a f~ture agenda.
:W. ADMINISTRATIVE:
A, Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
!! McCray Children & Youth Advisory Bd Stu/Reg/NonVoting I yr term to 4/02
~II Ferguson Children & Youth Advisory Bd Stu/Reg/VoUng ! yr term to 4/02
(Tabled-3)
(Tabled-3)
! Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 4/04
IT McCray Bldg. Bd of Adj & Appeals Alt I yr term to 4/02
/
II McCray Cemetery Board Alt 1 Yt term to 4/02
/
II Mccray Code Compliance Board Alt 1 yr term to 4/02
][ Weiland Education Advisory Board Alt 1 y[ term to 4/02
[V Fisher Golf Course Advisory Committee Alt 5Yyitt~i~ to 6/06
IV Fisher Nuisance Abatement Board Alt :t to 4/02
(Tabled-3)
(Tabled-3)
(-I'abled-2)
(Tabled-2)
(Tabled-3)
(Tabled-3)
All appointments were tabled.
MeeUng Minutes
Regular City Commission
Bovnton Beach. Florida
October 2, 2001
V. ANNOUNCEMENTS & PRESENTAT/ONS:
A. Announcements:
i. Oceanfront Concert Series on October 19, 200:1, 6-9 p.m. at Oceanfront
Park - The Scharff Brothers Sand (Pop/Rock)
Mayor Broening announced the Oceanfront Concert Series to be held on October 19, 200:1.
2. The City was recognized with an Award of Excellence from the City,
County Communications 8~ Marketing Association in the Best Video/PSA
Spots category for its monthly 30 Second Update sede~
-
/
Mayor Broening announced the City s Award of Excellence in the Best Video/PSA Spots
category. A 30-second film on water quality was shown.
Wayne Segal, Director of Media E Public Communications, thanked the City Commission
and the City Manager for encouraging creativity.
B. Presentations:
Proclamations:
None
VZ. 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 o~the accompanying
material to become a part of the Public Record and subject to staff comment.q.
A. Minutes:
1. Spedal City Commission Meeting of September 4, 200!
2. Special City Commission Meeting of September 5, 2001
3. Agenda Preview Conference of September 13, 2001
4. Special City Commission Meeting of September 19, 2001
B. Bids - Recommend Approval - All expenditures are approved in the 2001-2002
Adopted Budget
3
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
October 2f 2001
Award the "ANNUAL SUPPLY OF SULFURIC ACID," Bid #089-2821-01/KR,
to Sulfuric Acid Trading Company (SATCO), for ari estimated annual
expenditure of $:~20,000
Award the ANNUAL BID FOR TEMPORARY LABOR SERVICES, Bid #085-
2510-01/KR, to A & ASSOCIATES for an annual estimated expenditure of
$10,000
Resolutions:
Proposed Resolution No. R01-262 Re: Approving and
executing by Resolution Task Order #0:~-09 with Camp, Dresser and
McKee (CDM), one of our Utility General Engineeri
perform a Water, Wastewater, and Stormwater Rate
of $24,990
Proposed Resolution No. R01-263 Re
new Interlocal agreement with Palm Beach County
dredging of Boat Club Park NavigaUon Channel
ng Consultants, to
tudy in the amount
; Approving a
}r the maintenance
Proposed Resolution No. RO1-264 Re Approving
CHANGE ORDERS NOS. :~ - 4 to REPUBI.IC CONSTRUC-T~ON for the
EZELL HESTER PARK BREEZEWAY PRO.1ECT (BID#025-2711-01/~D) in
the total amount of $15,560.85
Proposed Resolution No. R01-265 Rei Ratification of
South Central Regional Wastewater Treatment and Disposal Board action
of September 19, 2001:
Authorization to expend $36,000 on an emergency basis from
Repair & Replacement Fund to replace both emergency generator
radiator cores. Radiator cores are (10) years old and due to
corrosive atmosphere, leaks have de~;elop~d in core tubing
requiring cosfJy repairs. New core mater al upgraded thus
reducing repairs. During FPL power outages, these radiators must
be in se~vic~ for generators to operate.
Authorization to enter into an agreement with Palm Beach County
Utilities in the amount of $47,364 for performing lab testing
services for fiscal year 2001-2002 with option to renew for
additional (2) t~vo years subject to final review by board attorney
c. Authorization to enter into contract with Widell, Inc. in the amount
of $1,805 for construction of sludge dewaterin~j project
4
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
October 2, 2001
Authorization to expencJ an additional $428,..9L50 from Repair &
Replacement Fund to supplement the $:~.8 milhon appropriated in
2000/200:[ budget to cover construction contract costs and other
associated costs to complete the sludge dewat~ring project
Authorization for acceptance of a revised 2001/2002
Organizational Chart
Commissioner Fisher requested that Item C.4.e. be removed from the consent agenda for
discussion.
Vice Mayor Weiland
discussion.
5. Proposed Resolution No. R01-266 Re: Supporting the
authorization of local fire marshals and fire departments~-m ~o enforce
applicable fire safety codes and regulations at public s~hool facilities
Ratification of Planning & Development Board Action:
1. Showcase Contractors, 20! SE 24~ Avenue - Requ~ : relief from Land
Development Regulations Chapter 2, Zoning, Section ;.C.2.a. to allow a
single family house on a sixty (60) foot wide lot in lit ~J of the minimum
seventy-five (751 feet of frontage required by code ir an R-l-AA zoning
district
requested that Item D.1. be removed from the cx,nsent agenda for
Castaneda Medical Building, 250 SE 23rd Avenue - Request site plan
approval to construct a 4,800 square-foot medical office building on a
0.52-acre parcel
Quantum Park PID, Quantum Park, PID, Plat 6, Lots 32-38 - Request Use
Approval to include outdoor storage 'n the list of permitted uses in
Quantum Park PID
Gymnastics Centers in M-l, Otywide - Request to amend Chapter 2,
Zoning, Section 8.A.l.d.(9) to allow gymnastic centers as permitted uses
in the M-1 zoning district
Mayor Broening requested that Item D.4. be removed from the consent agenda for discussion.
/
E. Approve request for sole source supplier, 3acobs Air Water Systems in the
amount of $47,500 to replace media in degasification towers located- at the West
Water Treatment Plant
F. Approve the petition by Michael Idell, operating a Fort Lauderdale-based taxi-
limousine business, for a Certificate of Public Convenience and Necessity
5
Meeting Minutes
Regular City Commission
Bovnton Beach, Florida
October 2~ 2001
H=
Approve the petition by Larizy Maiale ~I, operating a Boynton Beach-based taxi-
limousine business, for a certificate of Public Convenience ano Necessity
Authorize execuUon by the City Manager of an AppointmentLetter between the
City of Beynton Beach and Nancy Byme, as Assistant Director of Development
Motion
Vice Mayor Weiland moved to approve the consent agenda, as amended,
by Commissioner Fisher and carded Unanimously,
Discussion
C.4~o,
Proposed Resolution No, R01-265 R~
South Central Regional Wastewater Treatment and D
of September 19, 2001: Authorization for accepl
2001/2002 Organizational Chart
orion was seconded
: Ratification of
sposal Board action
~nce of a revised
Commissioner Fisher asked what the difference was between the original and revised
Organization Charts, Mayor Broening replied that there were only minor changes,
Motion
Commissioner Fisher moved to approve item C.4.e.
that carded unanimously.
Vice Mayor Weiland seconded the motion
Showcase Contractors, 201 SE 24t~ Avenue - Request relief from Land
Development Regulations Chapter 2, Zoning, Section 5.C.2.a. to allow a
single family house on a sixty (60) foot wide lot in lleu of the minimum
seventy-five (75) feet of frontage required by code iJ~ an R-l-AA zoning
district
Vice Mayor Weiland thought the Commission had previously addressed this item. However, it
was explained that the previous ordinance excluded the R-l-AA zoning distri ~.
Michael Rumpf, Planning & Development Director, stated that stl
include the R-l-AA zoning district in the previous ordinance. They wanted t
the Commission on a case-by-case basis as variances. He explained that
cluster of non-conforming lots in the other residential districts.
Commissioner Fisher requested that staff examine the vacant lots in the R
and come up with a better way to handle them.
ff did not want to
~ese to come before
:here was a greater
1-AA zoning distdct
Motion
Vice Mayor Weiland moved to approve item D.1.
and carried unanimously.
Hotion was seconded by Commissioner Fisher
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
October 2, 20111
0.4,
Gymnastics Centers in M-l, Citywide - Request to amend Chapter 2,
Zoning, Section 8.A.l.d.(9) to allow gymnastic centers as permitted uses
in the M-1 zoning district
Mayor Broening noted that the Planning & Development Board had approved this item with one
dissenting vote and staff's recommendation was that these gymnastic centers should be
handled on a case-by-case basis with conditions.
Mic.h, ael Rumpf stated that staff initially recommended denial based on the characteristics of the
City s Industra d strict. However, since the Planning & Development B~ard recommended
apl~roval and if the City desires, st~ff would recommen~l approval :through the Conditional Use
process.
Mayor Broening agreed with staff.
Bob Ensler, 26 Woods Lane, explained that he was the one dissenting vote on the Planning
& Development Board. He believes this use should be looked at on a case-by-case basis, and
he recommended that the Commission deny this request.
Marcy Martine~ applicant, stated that she had contacted 83 gymnastic ce~hters in Florida and
74 of them are conducting business in industrial zones. Most of ~er businessj is conducted after
3:30 p.m. when many of the industrial businesses are closed. She said it is not economically
feasible to operate in a commerdal zone.
Both Vice Mayor Weiland and Commissioner Fisher were in favor of having a gymnastic center
in Boynten Beach but expressed some concern with allowing them in the M-! zoning district
Citywide,
Commissioner Fisher asked how soon the Conditional Use process could o(
that staff assist the applicant in walking this through. Mr. Rumpf stated th
impact information would be required and it would probably take between lC
Motion
Commissioner Fisher moved to approve Item D.4.
that carried unanimously.
Vice Mayor Weiland se.
cur and requested
It plans and traffic
and 12 weeks.
:onded the motion
VZZ. cTrY MANAGER'S REPORT:
A. Proposed Noise Regulations - Draft Ordinance
City Manager Bressner said that this proposed draft ordinance would moye away from the
technical process, which requires the use of a noise meter. This proposal would provide a
requirement for compliance based on a setback from the point.of noise. He stated that the
proposed 25' setback might be overly restrictive according to comments by some members of
the Commission.
7
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
October 2f 2001
City Attorney Cherof suggested that there be a procedure placed in the ordinance that before
issuing a notice to appear or a citation, the owner or occupant be given an opportunity to abate
the noise. If the noise is not repeated for more than 4 .to 6 hours, then n6 citation would be
issued. This would require a change to the ordinance. He also said that anything further than
25' would not solve the problem with a next door neighbor's noise.
was ascertained that the police officer would have discretion in issuing a citation.
Commissioner Fisher requested that the setback be 100' rather than 25'.
Robert Dittman, 925 Orchid Lane, Gulfstream, said that it appear~ to him that this
ordinance only addresses residential noise. He requested that staff look into offensive noise in
commercial areas (e.g., Orbit).
Vice Mayor Weiland said he apologized if there is still a problem at the Orbit. He has not heard
any more complaints. However, he asked that Mr. Dittma~ call him or other Commissioners if
the problem persists.
Police Chief Marshall Gage said that because of the location of the Orbit, there have not
been many complaints from the residential neighborhoods. There are, however, ongoing
problems with security and noise at closing time at the Orbit, and this ordinal ice will help.
Bob Ensler said it is not clear to him whether this proposed ordinance is Ii
areas or to businesses also. He wanted to ensure that there were no conflicl
other ordinances on the books.
City Attorney Cherof stated that the proposed ordinance is Citywide
residential areas. This proposed process would make it easier to go to cl
violation.
There was discussion regarding 25' and ~.00' setback distances and [:he time.,
ordinance.
The consensus of the Commission was that the ordinance should contain
verbal warnings; the times should be amended; there should be a s~
residential and other areas of the City; and the police should use discretion ir
City Manager Bressner suggested that the first reading of this ordinance bE
first Commission meeting in November.
B. Proposed Amendment to PPM & APM - Active Military Duty
City Manager Bressner explained that there Is no current policy for this situa :ion. The proposal
is that afl, er 30 days of the full pay provision, the City would make up the lifference between
the employees' military pay and their dvitia~ pay. Health benefits for the e~nployee would be
paid by the City. The purpose of this is to pre~,ent financial hardship on employees who are
nited to residential
s between this and
nd not limited to
~urt and prove the
stated in the dralt
~nguage regarding
~paration between
issuing citations.
scheduled for the
8
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
October 2~ 2001
called to active duty. City Manager Bressner asked for this to be considered as an emergency
ordinance, waving the first reading and adopting the ordinance tonight.
C, Authorize the excavation permit for Villa del Sol.
City Manager Bressner explained that there is a provision in the City code that if more than
1,000 cubic yards of fill is to be exported from the site, City Commission approval is required.
Motion
Commissioner Fisher made a motion to authorize this permit.
Mayor Weiland and carried unanimously.
Motion was seconded by Vice
Vi1'i', PUBLI'C HEAR/NG: 7:00 P.M, ORAS SOON THEREAFTER AS THE AGENDA PERMITS
A. Project:
Applicant:
Description:
Comprehensive Plan Amendments
School Concurrency
The City of Boynton Beach
Request that:
1. The City Commission, acting as the Local Planning Agency,
find the proposed amendments consistent with the
Comprehensive Plan; and
2. The City Commission approve the pro )osed amendments
for transmittal to the Florida Departn ~ent of Community
Affairs
There was no one in the audience who wished to speak,
Motion
Commissioner Fisher moved to approve the Comprehensive Plan Amendr
Weiland seconded the motion that carded unanimously.
ZX. FUTURE AGENDA TrEMS:
Marina Project Update (October 16, 2001) - Site Plan ReviE
2001
Proposed Demolition of the Mangrove Park School (Old Higl
Ocean Avenue (October 16, 2001)
Report on Ordinance Changes for Advisory Board AttenC
Standards (November 6, 2001)
lents. Vice Mayor
w on November 6,
School) at 125 E.
~nce and Conduct
D. Water Conservation Strategy (November 6, 2001)
E. Traffic Calming and Traffic Control Final Report (November 6, 2001)
9
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
October 2, 2001
Quantum Park NOPC #:L2 to City Commission (November 6, 2001)
Redevelopment Code Issues for Non-conforming Lots and
Commercial Areas (November 2001)
Ordinance Establishing Setbacks from Schools and/
Establishments having Liquor Licenses (November 20, 2001)
I. FRA Whistle Ban - Report (December 4, 2001)
.1. Ordinance Establishing an Arts Commission (December 4, 20(3
Mayor Broening requested that a report on Visions 20/20 be placed under FL
City Manager Bressner said that a staff team report on Visions 20/20 wi
November 6t~ Commission meeting.
Buildings in
)r Churches for
1)
ture Agenda Items.
be ready for the
X. DEVELOPMENT PLANS:
None
NEW BUSINESS:
None
LEGAL:
A. Ordinances - 2na Reading - PUBL/C HEARING
1. Proposed Ordinance No. 01-52 Re: Amending Land
Development Regulations, Chapter 2 Zoning, Section ~5.A.3. providing for
an increase in the maximum structure height in the C-1 zoning district
from 25 to 30 feet; providing for an increase in th,e b. uilding height for
buildings with under building parking to thirty-five feet as a conditional
use in the C-1 zoning district; and amending ChaPlter 2, Section 4.F.
providing for the addition of parapets as a potential exemption from
height limitations
City Attorney Cherof read proposed Ordinance No. 01-52 by title only. There was no one in the
audience who wished to speak.
Motion
Commissioner Fisher moved to approve proposed Ordinance No. 01-52. Vice Mayor Weiland
seconded the motion. City Clerk Prainito polled the Commission and the motion passed
unanimously.
l0
Meeting Minutes
Regular City Commission
Bovnton Beach. Florida
October 2r 200:1.
B. Ordinances - :L~ Reading
Proposed Ordinance No. 01-50 Re: Amending Part III,
Land Development Regulations, Chapter 1 and Chapter 21, regarding
"Banners" ('TABLED TO OCTOBER .~ 200.~ AT THE REQUEST OF
THE LEGAL DERARTI~IENI~
C. Resolutions:
Proposed Resolution No. R01-267 Re, q Authorizing
Settlement Agreement between City of Boynton Beach,Defendant, and
Florida Outdoor Advertising, L.L.C. and Gold Coast Advertising, ]:nc.,
Plaintiffs, (Case No. 00-8577 as Consolidated with Case No. 00-8803)
City Attorney Cherof read proposed Resolution No. R01-267 by title only. He said there has
been a proposed change with respect to Exhibit A.
City ~lanager Bressner said that this change moved the signs further away from residential
areas and is acceptable to staff.
Bob Ensler stated that the City has no choice in this matter, but it is an unfi
Mayor Broening said that the City, the City Commission and staff agree.
came out of the settlement much better than the court demanded.
Motion
Vice Mayor Weilan~ moved to approve proposed Resolution No. R01-267.
seconded the motion that carried unanimously.
~rtunate situation.
However, the City
)mmissioner Fisher
D. Other:
Proposed Ordinance No. 01-53 Re
Ordinance amending the Personnel Rules and Regula
Beynton Beach to provide for supplemental pay for act
City Attorney Cherof read proposed Emergency Ordinance No. 01-53 by title
Vice Mayor Weiland said that he realizes that City employees who are calle
service have a hardship. However, as a representative of taxpayers' monet
must question whether it is the City's responsibility to supplement their pay.
Motion
Commissioner Fisher moved to approve proposed Emergency Ordinance No.
seconded by Vice Mayor Weiland and carried unanimously.
An Emergency
:ions of the City of
ve military leave
)nly.
I to active military
he stated that he
)1-53. MoUon was
11
Meeting Minutes
Regular City Commission
Bovnton B~ach, Florida
October 2. 2001
XTII. UNFINZSHED BUS~NESS:
Commissioner Fisher requested that discussion on canopies be added under Future Agenda
items.
Nichael Rumpf said that the Planning & Development Board has recomrriended no changes
regarding canopies. City Nanager Bressner requested that a report be brought back to the
Commission on November 6~.
X/V. AD3OURNMENT:
There being no further business before the City Commission, the meeting properly adjourned at
7:45 p.m.
Deputy City Clerk
(2 tapes)
C~TY OF~BOYNTON B, EACI~
12
~mrnissi. oner
Commissioner
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Commission Meeting.
BOYNTON BEACH CITY COMMISSION MEETING
PUBLIC COMMENT CARD
NRme
Address -~ /
Teleplione# ~\~// Agenda# }~/~
Summary of Ma.~tter to be A~dressed
·des to a eal ~ decision made by th~City Commi~ion wit~spect to any matter considered at thh meets, ~e/~e
If a person dec' PP Y ~ ~ · - ~ ~a ensue that a velbattm record of ~e proceedmEs
w~l need a record of ~e proceedings and for suc~p~ ~;;~ ~ ~ased (F S 286 0105}
which record includes the ~timony and e~aence p ' PP · ~ '~i.
~ity sh~ g~n~h approp~te a~ia~ ~ds a~d s~ices where necessa~ to afford an lnal~aual wl~a a~a~l~y a=
opportuni~ to ~ticipate ~ an~ ~joy the benefits of a se~ice, pro,ram, or acti~ty conducted by the Ci~. ~ease contact Joyce
' ' ' order for t~e city to reasonably acco~date
CosteHo, (561) 742-50i3 at least twenty-fo~ hours prior to ~e pro,ram or actl~ m
yo~ request.
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Lot 23, High Point Subdivision
APPLICANT'S AGENT: Showcase Contractors, Inc.
APPLICANT'S ADDRESS: 505 NE 3rd Street, Delray Beach, FL 33483
DATE OF CITY COMMISSION PUBLIC HEARING: October 2, 2001
TYPE OF RELIEF SOUGHT: Lot frontage
LOCATION OF PROPERTY: NE corner of SE 1s, Street and SE 24TM Avenue
DRAWING(S): SEE EXHIBITS "A", "B". and "C" 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 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
the requirements of the City's Land Development Regulations.
The Applicant
X 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 "E" 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 issuance by the City Clerk.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
S:\PLAN NIN G~SHARED\WFSPROJ ECTS~SH OWCASE CONTRACTORS~DEVEL~O RD E R.DOC
LOCATION MAP
Showcase Realty Property
EXHIBIT "A"
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27' SOUTN &
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PROPOSED PROPOSED
CARPORT
26.0'
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VACANT
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OF FENCE
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NAL AND WASHE~ NA~ AND WAS~-R
COPYRIGHT 2001 0'SRIEN, SUITER & O'£RtE~ INC. ELEVAT~N +IZ~ ELEVAT~N +~98
Variance Statement for Showcase Realty and Contracting Inc.
A. The original plat for the area was that all the lots were sixty feet
wide. The home being placed on the lot conforms to all the other
homes in the arena and meets all the setback requirements.
B. The rezoning of the area to R1AA makes all the sixty-foot lots
unbuildable.
C. By granting the variance, this will finish one of the last remaining
lots in the area and the city will not have to make any concessions or
any special exceptions that would make this. lot any different than
any of the other lots.
D. The variance will not deprive either the homeowner or the
neighbors in any way.
E. The granting ogthe variance is the only way to get any use of the
land. There is no property available on either side, which could be
purchased to bring this property to seventy-five feet.
F. The granting of the variance will allow the last remaining vacant lot
in the area to conform to aH the other existing homes with the
original intent, usage and pu-rpose.
Sincerely
505 N.E. 3rd Street - Delray Beach. Florida 33483
Phone: 561-272-7599 o Fax: 5614272-3519
Certified General Contractor CGC 051903
EXHIBIT "E"
Conditions of Approval
Project name: Lot 23, High Point Subdivision
File number: ZNCV 01-020 (lot frontage)
Reference: Zoning Code Variance Application dated August 22, 2001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENG/NEERING DIVISION
Comments: NONE X
BU1LDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENV/I~ONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined. ~ IDIh~ ~ O
S \PLAN ~
MWR~p 8t : NIN G\S HARED\W P\PROJ ECTS\S HOWCASE CO NTR~i~ S OF APPROVAL ZONING CODE VARIANCE.DOC
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Quantum Park PID - Outdoor Storage
APPLICANT'S AGENT: Robert J. Motchkavitz,P.E.
APPLICANT'S ADDRESS: 2100 Park central Boulevard, North / Suite 900 - Pompano Beach, FI
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2001
TYPE OF RELIEF SOUGHT: Use approval
LOCATION OF PROPERTY: Quantum Park PID. Lots 32-38, 68A-70, 72 and 73A-76
DRAWING(S): SEE EXHIBITS "A", "B" AND "C" 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 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
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 "D" 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.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
STORAGEDevelopment Order. doc
LOCATION MAP
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EXHIBIT "A"
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EXHIBI
EXHIBIT "D"
Conditions of Approval
Project name: Quantum Park PID - Outdoor Storage
File number: USAP 01-002 (Use Approval)
Reference: Letter of request from Robert J. Motchkavitz, dated August 10, 2001.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES ~
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANN/NG AND ZONING
1. Items kept ~vithin those outdoor storage areas within direct view from 1-95 X
or Quantum Boulevard shall not be stacked to exceed the 8' screen or to be
visible from the adjacent corridor.
2. Storage areas shall be screened with fencing/slats w/th colors identical or to X
appear similar to the rear facade of the respective building.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
DEPARTMENTS
ADDITIONAL CITY COMMISSION CONDITIONS
I To be determined.
INCLUDE
REYECT
S:\Planning SHARED\WP\PROJECTS\QUANTUM PARK PID ~ OUTDOOR STORAGE conditions of approvakdoc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF ,BORON BEACH, FLORIDA
PROJECT NAME:
Castaneda Medical Building/NWSP 0%009
APPLICANT'S AGENT: Kres Mihelich
APPLICANT'S ADDRESS: 232 Sandal Lane
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2001
TYPE OF RELIEF SOUGHT: Request approval to construct a 4,800 square-foot medical office on a
0.52-acre parcel.
LOCATION OF PROPERTY: 250 SE 23r° Avenue
DRAWING(S): SEE EXHIBIT "A", "B", and "C" ATTACHED HERETO.
X THIS MATTER ~qme 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 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
the requirements of the City's Land Development Regulations.
The Appli.cant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by [he 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 issuance by the City Clerk.
6. All further development on the property shall be made in accordance with th~i~j~rms
and conditions of this order.
7. Other
SAPlanning~SHARED~WP~PROJECTS~Castaneda Med. Bldg.,~Po~nt LLC~DeveloD.O~erCas~neda Med~] ~~9,~
LOCATION MAP
Castaneda Medical Building
EXHIBIT "A"
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' ~ 400.800 FEET
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EXHIBIT "C"
Conditions of Approval
Project name: Castaneda Medical Building
File number: NWSP 01-009
Reference: New Site Plans with a date stamp of August 28, 2001.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Commcmts:
1. No utility plan was included with this submittal; therefore the Utilities X
Department considers this plan incomplete as submitted. However, since
this proposal is located where utility support is available, we are providing
only a cursory review on the plan submittal. It is normally required that
utility services be shown m order to assure that potential conflict with other
utilities and/or landscaping are avoided. Provide the service locations to the
respective buildings.
2. Fke flow calculation will be required demonstrating the City Code X
requirement imposed by the insurance underwriters, whichever is greater
(see CODE See. 26-16(a)). The Fire Department flow test indicates that
only 714 g.p.m, is available to the site. It will be required to add another fire
hydrant on the six-inch line to get close to the 1,500 g.p.m, requirement.
This can be coordinated with the Utilities Department upon submittal of the
detailed utilities plan(s).
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEEILt'-NG DIVISION
Comments:
3. Add a note to the Landscape Plan that within the sight triangles there shall X
be an unobstructed cross-visibility at a level between 2.5' and 6' above the
pavement (LDR, Chapter 7.5, Article rf, Section 5.H.).
4. Applicant to add note" plug or remove any existing pipe attached to catch X
basin to be removed."
Conditions of Approval
2
DEPARTMENTS iNCLUDE REJECT
BUII~DING DIVISION
Comments:
5. At time of permit review, provide a completed and executed City unity of X
title form. The form shall describe all lots, parcels or tracts combined as
one lot. A copy of the recorded deed with legal descriptions of each
property that is being un/fled w/Il be required to be submitted to process the
forn~ The property owner tlmt is identified on each deed shall match.
6. At time ofpemnt review, submit signed and sealed working drawings of the X
proposed construction.
PARKS Al,rD RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNiNG AND ZONING
Comments:
7. Submit colored elevations of all sides of the bu/ld/ng and sign prior to the Planning X
and Development Board meeting. (Ch.4, Sec.7, Par. D.2.).
8. Submit a color sample of all major exterior £n:fishes. Each color sample shall be X
labeled by name, color code and manufacturer.
9. The site plan must contain the designated Official Land Use of the adjacent
propm'ties. X
10. Correct site plan label for the road to the south to N.E. 24t~ Ave. X
11. The parking lot drive~vay entrance along the northern property line shall be X
constructed at least one hundred eight (180) feet from an intersection
along collector streets or those of a higher classification. (LDR Chapter 23,
Art. 11. H. 3.). Move driveway to meet minimum separation requirement,
request and receive a variance for the minimum relief necessary to maintain
driveway on north side of property, or remove the driveway and related
parking spaces (removing parldng spaces would either require increasing
parking spaces in the rear of project or reduction in building size to offset
DEPARTMENTS INCLUDE REJECT
parking reduction).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined. [qO~[~ ~0
S 5PlarmingxSI-IARED\WPkPRO JECTS\Castaneda Med. Bldg., High Point LLCSConditions of Approvai.doc