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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, H :\data\~p50\doc\agreem~\interl~.(lC?C _ _. .I . .,. ~A~:br 6\11\93. 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. H :\dala\wp50\doc\agreeml\inlerloc. poc 2 AAH:bf 6\11\93 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 3 AAH:hf 6\11\93 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 '; . .. . '\ 't'l.... .,.. ....";"". ......... ,....- - r'\_.-.. .. ['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:" II :\data\wp5()\d()t:\a~rCCl1ll\inlcrl()C.r()C 'i AAII:hf 6\11\93 ;,. ..__~____...~__~~_.__._r__'____~-~-~~ . ., 7.A.4 Washington Avenue ABANDONMENT HANDOUT ", '-. ~. -'''' w....,.. BELLSOUTH TELECOMMUNICATIONS @ Room 501 326 Fern Street West Palm Beach, Florida 33401 September 5, 1995 c....----J. ..h- . ; :':~"l ~ ~ ~ ~ WI ~ ~y lllJ) .-'-'~' .- " ".-.. ,!. ~ n1! ' !: j \, J ( I ,'. '.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 -' LX~/'(',I- t .' I .' f ! ..t .1 . :i I . 'y ..; IJ .... - 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". . It ,. Section J. This ResolutIon wl11 become' effective . ,I Immedhtely upon paslll4ge. :! '4. f- . ..... \'. .., ~ . oJ ,. PASSED AND ADOPTED thIs ~ day of December, 199%. " 1.._..' ./ AT':'ES r: -... . ..-, ~ (~ /.r1/?'Y. ~L/_ .,L:/:'J ~./h-'~.. 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