Agenda 01-26-16
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, January 26, 2016 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Approval of Minutes from November 24, 2015 meeting
5. Communications and Announcements: Report from Staff
6. New Business:
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2731 SW 23 Cranbrook Drive Utility Easement Abandonment (ABAN 16-001)
A. –
Approve request for abandonment of a portion of a ten (10) foot wide utility easement at
the rear of the residence in order to construct a private swimming pool, located at 2731
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SW 23 Cranbrook Drive and zoned PUD (Planned Unit Development). Applicant: Shawn
Lago, homeowner.
7. Other
8. Comments by members
9. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is
established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so
note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate
further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING 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 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 THE CITY CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO
THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
(SGYQIRX
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL,
100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA
ON TUESDAY, NOVEMBER 24, 2015, AT 6:30 P.M.
PRESENT:
David Katz, Chair Farah Nerette, Assistant City Attorney
Ryan Wheeler, Vice Chair Ed Breese, Principal Planner
Stephen Palermo Lisa Edmondson, Recording Clerk/
Brian Miller Prototype, Inc.
Trevor Rosecrans
Nicholas Skarecki
Alternates:
Kevin Fischer
Floyd Zonenstein
Chair Katz called the meeting to order at 6:30 p.m.
1. Pledge of Allegiance
The members recited the Pledge of Allegiance.
2. Roll Call
Roll was called and it was determined a quorum was present.
3. Agenda Approval
Motion
made by Mr. Miller, seconded by Mr. Palermo, to approve the agenda. In a
voice vote, the motion passed unanimously.
4. Approval of Minutes, August 25, 2015 and October 27, 2015 Meeting
Motion
made by Mr. Rosecrans, seconded by Mr. Palermo, to approve the August 25,
2015 Minutes. In a voice vote, the motion passed unanimously.
Motion
made by Mr. Palermo, seconded by Mr. Miller, to approve the October 27, 2015
Minutes. In a voice vote, the motion passed unanimously.
5. Communications and Announcements: Report from Staff
Mr. Breese announced that the Site Plan Modification request for
Novus Medical Office
(MSPM 15-007) had been denied by the City Commission.
Meeting Minutes Planning and Development Board
Boynton Beach, Florida November 24, 2015
6. New Business
Chair Katz explained the nature of the proceedings. He announced that those wishing
to testify for or against any item were asked to raise their right hand and be sworn in.
Assistant City Attorney Nerette performed the swearing in of the parties.
A.BBMG Dental Building (NWSP 16-001)
Approve request for New Site Plan to construct a one-story, 6,940 square
foot retail/office building and related site improvements, located at 330
Winchester Park Boulevard and zoned C3 (Community Commercial).
Applicant: Bradley Miller, Miller Land Planning
Mr. Bradley Miller appeared on behalf of the applicant stating that the building site was
proposed by a group of local dentists wishing to relocate their offices within the City.
Board discussion continued regarding total square footage, traffic ingress and egress
access from Winchester, nearby properties, parking spaces and handicap spots (an
additional space was added making a total of three handicap parking spaces), and
elevations. Mr. Miller indicated that the applicant was in agreement with staff conditions
of approval.
Chair Katz then opened and closed the floor for comments on this item, as there was no
one wishing to speak.
Motion
made by Mr. Wheeler, seconded by Mr. Miller, to approve BBMG Dental
Building (NWSP 16-001) subject to staff conditions. In a voice vote, the motion passed
unanimously (6-0).
7. Other
Mr. Breese mentioned that at this time it was anticipated there would be no December
Board meeting unless something of an emergency nature came up. He will keep the
Board apprised.
8. Comments by members
Mr. Miller commented that the new Dollar Store is a “first class” establishment and will
be an asset to the neighborhood.
9. Adjournment
Upon motion duly made and seconded, the meeting was adjourned at 6:40 p.m.
[Minutes prepared by L. Edmondson, Prototype, Inc.]
NEW BUSINESS
6.A.
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2731 SW 23 Cranbrook Dr.
Utility Easement Abandonment
(ABAN 16-001)
Abandonment
Page 2
Memorandum No. PZ 16-002
ABAN 16-001
BACKGROUND
The subject easement is a special purpose easement originally platted for the purpose of burying
underground utilities. The plat dedicated the easement to the City for utility purposes and Comcast
was the only service provider utilizing the easement. The utilities have been relocated out of this
portion of the easement. Portions of this utility easement on other lots within the PUD have
previously been abandoned by the City per the requests of individual homeowners. Staff has
recommended that the Property Owner’s Association pursue a neighborhood-wide abandonment of
the utility easement, however their letter states the POA does not have the funds or resources and
has no objection to the incremental abandonment of the unused easement (see Exhibit “C” - Letters
of No Objection).
ANALYSIS
Owners of properties within 400 feet of the subject site were mailed a notice of this request and its
respective hearing dates. The applicant has certified that they posted signage and mailed notices
in accordance with Ordinance No. 04-007 and the abandonment request has been advertised in the
newspaper. A summary of the responses follows:
CITY DEPARTMENTS/DIVISIONS
Engineering - No objection
Public Works/Utilities - No objection
Planning and Zoning - No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light - No objection
AT & T - No objection
Florida Public Utilities - No objection
Comcast - No objection
RECOMMENDATION
Staff has determined that the subject portion of the utility easement no longer contains any utilities
and that a new easement has been created to meet the utility needs. Based on the above
analysis, staff recommends APPROVAL of the applicant’s request to abandon this portion of the
subject 10-foot wide utility easement. Any conditions requested by the Planning and Development
Board or required by the Commission will be placed in Exhibit “D” - Conditions of Approval.
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EXHIBIT "D"
Conditions of Approval
Project name: LAGO ABAN
File number: ABAN 16-001
INCLUDEREJECT
DEPARTMENTS
PUBLIC WORKS - UTILITIES
Comments: None
PUBLIC WORKS- ENGINEERING
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
PLANNING & ZONING
Comments: None
Conditions of Approval
ABAN 16-001
Page 2
INCLUDEREJECT
DEPARTMENTS
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Abandonment of a portion of a Utility Easement (ABAN 16-001)
APPLICANT: Shawn Lago
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APPLICANT’S ADDRESS: 2731 SW 23 Cranbrook Drive, Boynton Beach, FL 33436
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 16, 2016 & March 1, 2016
TYPE OF RELIEF SOUGHT: Abandonment of a portion of a 10 foot wide Utility Easement located to the rear
of a single-family residence, and running in an east-west direction for a distance
of approximately 80 feet, to allow for future construction of a private swimming
pool.
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LOCATION OF PROPERTY: 2731 SW 23 Cranbrook Drive
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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:
1. 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 approval requested.
3. 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”.
4. 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 the terms and
conditions of this order.
7. Other: _______________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
DATED:__________________________ _____________________________________________
City Clerk
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