AGENDA DOCUMENTS
C I T Y 0
PLANNING
F BOY N TON
& DEVELOPMENT BOARD
AGE N D A
B E A C H
MEETltJG
DATE:
Tuesday, September 12, 1995
TIME:
7:00 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florlda
1. Pledge of Alleglance.
2. Introduction of Mayor, Commlssioners and Board Members.
3. Agenda Approval.
4. Approval of Mlnutes.
5. Communications and Announcements.
A. Report from the Planning and zoning Department
1) Flnal disposition of last month's agenda items.
6. Old Business:
None
7. New Buslness:
A. PUBLIC HEARING
ARZ\NDONMENT
1. PROJECT NAME: Miner Road
,
Richard Harris for Condor Investments of Palm
Beach county
AGENT:
OWNER:
City of Boynton Beach
LOc.Z\TION:
Miner Road between High Ridge Road and 1-95
DESCRIPTION:
Request for abandonment of a 54 foot wide
portion of the Mlner Road right-of-way east of
High Ridge Road.
2. PROJECT NAME: Forest Court
AGENT:
Richard Harris for Condor Investments of Palm
Beach county
OWNER:
City of Boynton Beach
LOCATION:
Forest Court
DESCRIPTION:
Request for abandonment of the Forest Court
rlght-of-way.
Page 2
Planning & Development Board Meeting
Agenda for September 12, 1995
3. PROJECT NAME: N.W. 12th Avenue (Lincoln Avenue)
AGENT:
Agustin Hernandez
OWNER:
City of Boynton Beach
LOCATION:
N.W. 12th Avenue, west of Seacrest Boulevard
DESCRIPTION:
Request for abandonment of a portlon of N.W.
12 th P.venue, \AleS t of Seacrest Boulevard.
4. PROJECT NAME: Washington Avenue
AGENT:
Agustin Hernandez
OWNER:
City of Boynton Beach
LOCATION:
washington Avenue, west of Seacrest Boulevard
DESCRIPTION:
Request for abandonment of an unimproved
right-of-way between N.W. 12th Avenue and N.W.
13th Avenue, west of Seacrest Boulevard.
5. PROJECT NAME: Cherry Hills Plat, lots 508 - 517
AGENT:
Agustin Hernandez
OWNER:
Palm Beach county School Board
LOCATION:
Cherry Hills subdivision, lots 508 - 511
DESCRIPTION:
Request for abandonment of a six feet wide
utility easement.
B. SUBDIVISION
M3.ster Plan
1.
PROJECT:
Grove Plaza
AGENT:
Chester W. DeSanti/Julian Bryan
OWNER:
Dr. Walter H. Janke and Ms. Alice Fay
LOCATION:
Southeast corner of Hypoluxo Road and Lawrence
Road
DESCRIPTION:
Request for master plan approval to subdivide
a commerc1ally zoned parcel into six lots for
future development.
Master Plan Modification
2 .
PROJECT:
Nautica Sound f.k.a. Knollwood Groves (PUD)
AGENT:
Kilday and Associates
OWNER:
Meadows Grove, Inc. and
R. Bradford Arnold, Trustee
LOCATION:
East side of Lawrence Road, approximately 1,300
feet south of Hypoluxo Road
Page 3
Planning & Development Board Meeting
Agenda for September 12, 1995
DESCRIPTION:
C. APPEALS
Landscape Appeal
Request to amend the previously approved PUD
master to modify access points, change the
type of units and lot size from 150 slngle-
family detached units on 6,000 square foot
lots and 389 multi-family units to 267 zero
lot line units on 5,000 square foot lots and
157-"Z" lot line units on 4,500 square foot
lots, and reduce setbacks (front - 20 feet to
15 feet, side - 15 feet to 10 feet and rear -
15 to 10 feet on lots that do not back to one
another) .
1. PROJECT NAME: Grove Plaza
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Chester W. DeSanti/Jullan Bryan
Dr. Walter H. Janke and Ms. Alice Fay
Southeast corner of Hypoluxo Road and Lawrence
Road
Request for a landscape code appeal to omi t
the 2 1/2 foot wlde landscape strlps between
the interior lot lines of the subdivlslon.
Community Desion Plan Appeal
2. PROJECT NAME: Boynton Festive Center
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
D. USE APPROVAL
1.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
Jill Jarkesy
Douglas McMillen
Northwest corner of Congress Avenue and old
Boynton Road
Request for a communlty design plan appeal to
change the colors, materials and architectural
features of a previously approved outparcel to
be used for a Hops Grill and Bar Restaurant.
packaging Concepts
Jeff Lis
4925 Park Ridge Boulevard
Request to amend the 1 ist of permitted uses
for the Quantum Park PID to allow research and
development and the manufacture of non-aerosol
spray dlspensing systems on industrially
designated lots.
Page 4
Planning & Development Board Meetlng
Agenda for September 12, 1995
E. SITE PLANS
New Site Plan
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
2 .
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Packaging Concepts
Jeff Lis
The Catalfumo Companies
P.J.M. and Associates LC
4925 Park Ridge Road
Request for site plan approval to construct a
24,158 square foot manufacturlng buildlng on a
portion of lots 47 A and 4"1B (total of 1.48
acres), designated as industrial, wlthln the
Quantum Park PID.
Boynton Estates fka Cltrus Park
Ramiro Rencurrell
Next Boynton Homes Ltd.
8350 Lawrence Road
Request for site plan approval to construct
project entrance structure, signs and common
area landscaping.
Maior Site Plan Modification
3.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
F. TIME EXTENSIONS
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Main Street Car Wash
Jim Zengage
Mary Fisher
201 East Boynton Beach Boulevard
Request to amend the approved site plan to
expand the car wash to include a canopy for
automobile polishing and vacuuming, additlonal
parking and a vehlcle stacking area on a .23
acre parcel north of the existlng car wash.
Palm Walk a/k/a Boynton Belvedere
Mark Fassey
Trio Associates Limited
North side of S.W. 19th Avenue, approximately
351 feet east of Congress Avenue.
Request for a one year time extension for
conditional use approval and concurrency
certification for construction of a 48 bed
adul t congregate livlng facility (ACLF) for
Alzheimer'sjdementia patients.
Page 5
Technical ReV1ew Committee
Jvleeting Agenda
September 12, 1995
9. Comments by members
10. Adjournment
NOTICE
~_NY 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 JOYCE COSTELLO, (407) 375-6013 AT
LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLE ACCOMMODATE YOUR REQUEST.
xc: central File
8;8Q!P&OCl\f.912
;<'1..1 -9'/
This Instrument Prepared by:
Agustin A. Hernandez with Robert A. Rosillo
and should be returned to:
Robert A. RosiIlo, Associate Counsel
The School Board or Palm Beach County
3318 POretl HIli Boulovard
West Palm Beach, Florida 33406-5813
SITE EXPANSION INTERLOCAL AGREEMENT BETWEEN THE
SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEACH FOR POINCIANA ELEMENTARY SCHOOL SITE
TIllS AGREEMENT, between the School Board of Palm Beach County and the City of
Boynton Beach, Florida, entered into this _ day of
, 19_, between the SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution
of the State of Florida (hereinafter referred to as "SCHOOL BOARD") and the CITY OF BOYNTON
BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY").
WIT N E SSE T H:
_. n
WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan
Development Regulations Act, Section 163.3161(4), Florida Statutes, to encourage and ensure
cooperation between and among the local governmental entities to provide for the coordination of
development activities of units of local government; and
i3
WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm
Beach County, Florida, and does own and operate public schools in the City of Boynton Beach; and
WHEREAS, this Agreement is entered into under the authority of Section 163.01, Florida
Statutes, Local Government Comprehensive Planning and Plan Development Regulations Act; and
...
WHEREAS, the SCHOOL BOARD and the CITY recognize the recommendation within the
Resolution No. R-92-209 from the City of Boynton Beach attached hereto and incorporated by reference
as Exhibit "1", which encourages the City and School Board to publicly and jointly pursue acquisition
of adjacent parcels of properties in and around the campus of Poinciana Elementary School as shown on
Exhibit "2" attached hereto and incorporated by reference and,
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Exhibit "C"
WHEREAS, the SCHOOL BOARD and CITY believe that ajoint use educational/recreational
facility adjacent to the existing Poinciana Elementary School boundaries will be mutually advantageous
for the community and students; and
NOW, THEREFORE, for and in consideration of the covenants herein contained. the parties
agree as follows:
1. The SCHOOL BOARD shall present sale and purchase contracts to the property owners
of properties to be acquired by the Board and by the City shown on exhibit "2" within 45 days of
approval of this agreement.
Contracts for sale and purchase of properties for SCHOOL BOARD use will be
administered by the SCHOOL BOARD Real Estate Department.
Contracts for sale and purchase of property for City use will be administered by the
School Boars:! Real Estate Department and coordinated with the City Managers office.
. 0
Cost associated with the acquisition and due diligence for the acquisition of parcels shall
be included in the total cost of each parcel. ie. Appraisals. Surveys. Environmental Studies. Title
Research. and demolition cost of existing structures.
The Total cost of property acquisitions shall be split on a equal basis between the School
Board and the City. not to exceed $500,000 for each party. unless circumstances warrant that this cap
be raised. in such event the School Board and the City must mutually agree to do so.
2. The SCHOOL BOARD is to acquire properties as shown on Exhibit "2". with the
procedures outlined in paragraph 1 written above. However. in an event of an uncooperative seller. the
CITY shall exercise its power of eminent domain. Upon "written notification from the School Board the
City shall proceed with a quick taking within 60 days of notice. In the event of an eminent domain
proceeding. the City will be solely responsible for the relocation cost if any. and legal fees associated
with any quick take procedings. subject to the provisions and limitations of Chapter 73 and 74. Florida
Statues. Costs associated with acquisition and due diligence shall be split on an equal basis between the
City and School Board as described in Paragraph one.
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3. All properties are of equal importance for the success of the project and acquisition of
properties shall be handled expeditiously, however all properties must be acquired or under contract for
purchase prior to May IS, 1994.
4. In the event the CITY and the SCHOOL BOARD are unable or are unsuccessful in
acquiring title to the properties described in Exhibit "2" prior to May 15, 1994 either party may cancel
this Agreement. The time for performance may be extended by mutual agreement by both parties. Both
parties shall be relieved of all duties and responsibilities hereunder by providing 10 days prior written
notice, however all costs incurred to date, except those identified elsewhere in this agreement as being
the sole responsibility of the City, will be split on a equal basis by the parties.
5. Upon the acquisition of properties on the south side of N. W. 12th Avenue by the School
Board, the CITY shall abandon to the School Board N.W. 12th Avenue between Seacrest Blvd and 1st
Street.
~. 0
6. Following the acquisition of properties on the west side of N.W. ist Street the CITY
shall abandon to N.W. ist Street between N.W. 13th Avenue and the end of N.W. 12th Avenue. All of
the above shall be abandoned no later than 60 days after all of the properties listed in exhibit 2 are
.
acquired .
.~~
7. Notice shall be given by the School Board to all utility providers. Any public utilities
such as electric, gas, telephone, and cable T. V. shall be removed at the utility owners expense and the
party shall endeavor to remove said utilities within a reasonable time from date of notice.
The CITY shall relocate city utilities such as water, and sewer, from the abandoned
rights-of-ways, at the CITY's cost only as necessary to i~prove the school campus, as determined by the
School Board project architect.
8. The CITY shall retain title to alJ properties currently held by the City located west of
N. W. 1st Street. Titles to properties acquired under the terms of this agreement which are located west
of N.W. 1st Street and shown on exhibit "2" shall be retained by the City. Such properties shall be used -
in accordance with the provisions of a Joint Use Agreement. between the City and The School Board.
H : '!data\ wpSO\doc\agreemt\inlerloc _ roe
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I HEREBY CERTIFY that on this date before me, an officer duly'authorized in the State and
County named above to take acknowledgements, personally, appeared Gail Bjork, Chainnan and C.
Monica Uhlhorn, Superintendent of the School Board of Palm Beach County, Florida, and they
acknowledge before me that they had executed the foregoing instrument as said officers and that they also
affixed thereto the official seal of the School Board.
SWORN to and subscribed before me this
fd day~. 1993.
SCHOOL BOARD OF
PALM ACH COUNTY
Signed in Presence of:
~IL~
Monica Uhlhorn, Superintendent
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
-,J~ -1 ~
r:~F""T'1 ... ....r,v..c,....=-J Notary
"'I'" .:,....~.... .. ',..J ,:" , J _::..... \l..
1)/'.1 :-:,('! 'l r CC'i ';
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['lOT ^.. Y.':~:.l.:~~: : '.; c.;:::.'.'; :;..., ,\,,-y CommISSIon ExpIres.
fO".!......,.~., ........_..~..... I
MY CO~MbSI.,)i': EE'::..612~;. ~.).1;'9~ J
I HEREBY CERTIFY that on this date before me, an officer duly authorized i~e State and County
e-
named above to take acknowledgements, personally appeared Jose Aguila as ayor, and Sue Kruse
as City Clerk of the City of Boynton Beach, Florida, and they acknowledged before me that they had
executed the foregoing instrument as said officers and that they also affixed thereto the official seal of
the City. .
SWORN TO and subscribed before me this I~ day of r. 1993.
.
Signed in Presence of:
u 'c
~~---'-~--
Approved as to fonn aRCt-lGgal G\lfh~CA~ ~:
011/1L../n-4~
AVt~ .6UJJ?~j:;t
Notary
Approved:
/'
Approved:"
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7.A.4
Washington Avenue
ABANDONMENT
HANDOUT
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BELLSOUTH
TELECOMMUNICATIONS @
Room 501
326 Fern Street
West Palm Beach, Florida 33401
September 5, 1995
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,'. '.J LpLAN.NING ~ dr-l
., ZOWNG DEPT.
Ms. Tambri J. Heyden
City of Boynton Beach
100 Tambri E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Re: ABAN #95-006, #95-007, #95-008
NW 12th Avenue and Washington Avenue right-of-way abandonments and Lots
508-517 Cherry Hills Plat utility easement abandonment.
Dear Ms. Heyden:
BellSouth Telecommunications has no objection to the above referenced abandonment
requests.
If you have any questions or need further assistance, please feel free to contact me at
(407) 582-5184.
Sincerely,
~~~
Specialist-OSPE
BellSouth Telecommunications, Inc.
-
RESOLtrrlON R92-..(G1f -'
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A RESOLUTION OF THE CITY COMMISSION or
THE CITY OF BOYNTON BEACH. FLORIDA;
URGING THE PAIJ( BEACH COUNTY SCKOOL BOARD
NOT TO CLOSE POINCIANA ELEMENTARY SCHoor.
AND KEEP SAtD SCHOOL OPEN AS "'J\. PRE-
KINDERGARTEN THROUGH GRADE 5 MAGNET
SCHOOL; AND PROVIDING AN EFFECTIVE DATE.
'.
WHEREAS, 1n order. to lI\41ntaln the vlabUlty of our
, coastal .ehools and to insure the continuity of nelghborhood
:j school.; and
., WHEJQ:AS, the lIlagnet school concept 1. a proven 1II..n. to
;i assht 1n ach1ev.l.ng racial balance and enhancln9 the quality
, of education; and
'\
..\ WHEREAS, the City CO:Nll1sslon of the Clty of Boynton
" 8e.ch, Florlda deelU it to be ln the best intere.t. of the
., citiZens and residents ot the Clty of Boynton Beach to urqe
II the Pallll Beach County School Board to keep Polnclana
;, Elelllentary School open; and
!I WHEREAS, the City COlllllllulon of the City of Boynton
I Beach, FlorLda urge. the 'al. a..ch County School Board to
,\ .pply the n.c....ry c..ouree. to e.t.bll.h a "9n.t~ progralll
I (lIIonte..orl preferred) at .ald school, whIch vl11 benefit the
II at\lCSenu from an .ducAtional standpolnt a. "ell aa allow thelll
.' to attend .chool In the neighborhood in whlch they llve.
;\ NOW, THEREFORE, !S! t'1' JU:SOLVED BY THE CI'1'Y COMMISSION or
a THE Ct'1'Y OF BOYNTON lEACH, FLORIDA. 'nCA'1'a .
II Section I. The cUy,..c::olllllll..1on of the City of 8oynton
I aeach, 'lo~lda do.. her.by'urge the 'a1. ae.ch county School
Board to keep Polnelan" Elementary School open a. . pre-
i kindergarten to 5th grade facIlIty and e.tabllsh a __gnat
il pr.ogram at the .chool.
ii' Sect.lon 2. The Cl ty COlll&lsdon of the C1t; 0 e Boynton
I. aeach, FlorIda hereby dlrect. the CLty Clerk to prOVide. copy
i of thIs Re.olutlon, upon pas.age.. to the 'ala Beach County
!j School 80as:d. . '.1".
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,. Section J. This ResolutIon wl11 become' effective
. ,I Immedhtely upon paslll4ge.
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PASSED AND ADOPTED thIs ~ day of December, 199%.
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