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LEGAL APPROVAL ... .. ~ , ' MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 the Planning Dept. had brought the topic up. Mr. Golden didn't recall if the issue came up at that time. Relative to the concern of allowing the rear of the shopping center to be exposed to the residential units in the PUD with little separation, Commissioner Wische made comments about the possibility of a berm to buffer the situation. Mr. Golden stated the TRB was aware that a 61 wall would be required as there wouldnlt be a physical separation such as a lake or a road. Potentially two story units will be looking down at the back of the center and that was the basis for the TREls recommendation. Discussion took place. Commissioner Wische didn1t agree that a concrete wall should be put there. He felt a berm or buffer should be put there to separate. The residents in the second story will still be able to see over a 61 concrete wall. Mr. Golden remarked the wall is a zoning requirement and they would need a variance to delete it. Remarks were made about the migra- tion of zoning at the site. Mr. Golden stated that extending the lake or other design factors could be made conditional if the Commission saw fit. Commissioner Wische substantial change. which carried 4-1. motion. moved that there be a finding of no Vice Mayor Olenik seconded the motion Commissioner Weiner voted against the D. Master Plan Modification - Lawrence Grove P.U.D. ~im Golden, Senior Planner explained this parcel is a County pocket which lies between Lawrence Grove and the Meadows. Qne of the conditions imposed on Lawrence Grove was for the 4eveloper to attempt to acquire or condemn a 601 right-of- ~ay to the connector road in the Meadows to the collector ~oad in Lawrence Grove, maintaining a continuous road $ystem. The basis for the' condition was to improve the $mergency access for the Police and Fire Depts. to the western areas of the City. Mr. Golden explained the current request is to change the nature of the condition from a 60' right-of-way to a 10' ~tility easement as Palm Beach County has concerns with the litigation for the condemnation of the right-of-way. The City staff stands by its original recommendation at the ~ime of zoning approval and feels a reasonable attempt should be made to attempt to acquire the right-of-way for ~mergency access. Comments were made on efforts made to date to obtain the right-of-way. Mr. Golden didn't think it nad gone to lititation yet and thought the crux of the issue ~ight be that there may be more of a basis in law of prece- dent for the easement rather than the road. 15 ~ . t i ~ . f" ~ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 6, 1990 Road access from various directions was addressed. Mr. Golden commented that after listening to staff at the TRB meeting there appeared to be an urgency to try and get as much in there as quick as possible to improve the situation. Discussion had taken place that the City could not necessarily rely on certain developers when the schedule is unknown about putting in other roads. The missing link pro- perty owner's name is Foster. The property owner is asking a fairly high sum for the land. Discussion ensued. Tim Cannon, Interim Planning Director explained Palm Beach County1s attorney advised the Land Acquisition staff that if this went to Court, the County would have difficulty establishing a legal basis for the County condemning the right-of-way for a local street which serves projects within the City. If it was right-of-way for a thoroughfare for an arterial like Hypoluxo or Lawrence Rd., the County would be on firm legal ground. The Mayor thought'if this was going to be an impossibility to obtain, it was ridiculous to hold up the whole project. Technical discussion took place with Mr. Cannon relative to the County, eminent domain proceedings and the amount of money the owner is asking for the property. Commissioner Wische could not see holding up a project that nas made every effort possible to achieve the maximum safety they could get out of it, when one person is holding them qp. Commissioner Wische moved to approve this as not a ~ubstantia1 change and deleting the recommendation of staff t;hat the developer has to get that. The developer will ~xercise his best efforts to get it but it will not be a ':killer" if he can't. Vice Mayor Olenik seconded the motion. GommissionerWeiner was uncomfortable voting against staff Z:ecommendations. ~lthough there was no representative of the developer pre- sent, Vice Mayor Olenik hoped the City could get a commit- ment from them that they would continue to try to go that ~oute, if cost will allow it. Commissioner Wische remarked ~hat K. Hovnanian is a reputable builder and he didn1t think bhey \'lould "snuff out" of something of this nature without giving it their best attempt. Mr. Cannon remarked the condemnation proceeding is being done by the County as a courtesy. The County is advising ~he City and the developer that to proceed with this would probably be futile. ~yor Moore floor. The ~gainst the called for a vote on the motion currently on the motion carried 4-1. Commissioner Weiner voted motion. 16 '"', MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1990 Fire Department '~-~ "The Fire Department feels there would not be enough distance between structures, creating an exposure problem, should there be a fire." ,.r-" ( , Ms.. HeYQ.en nQted, the Fire Dept. commen,t is ad.vi sory in nature,., $he ;;tiited approval: of the, request, could be . subject to just:tJ:1eBuil9.ing ," Dept. cQmment. There was no representative for the applicant present at the meeting,." Mr. Collins moved to approve.the amended Master Plan. to allQw fQr a non-zerQlot line. unit on Block 10, LotIO, sub- ject' to,;;taff comments. Mr. Howard seconded the motion which,carrieQ. 7-0. 3. project Name: Agent: Owner: Location: Lawrence Grove PUD Enrico Rossi, P.E. K. Hovnanian Companies Lawrence RQ.. at theL.W.D.D. L-19 canal, sQutheast corner Legal Description: ~. See ','AddenQ.um L" attached to the original'copy of these Minutes in the City Clerk's Office. Request for approval of an amendedma$ter plan to delete a aondition,qf zOning approval that requires the construction of Bedford Blv.d. between the Lawrence Grove PUD and the Meadows 300 PUD. I Tambri Heyden, Assistant City Planner !explained the contents of her January 24, 1990 memorandum toithe City Manager on this topic. The memorandum ,is attached ,to and made a part of these Minutes . She noted the'applicant. was requesting that he only be required to,dediaate a 10' utility easement for .the 8" water main in lie!uofthe 6iO' right-"of-waycon- nection. Description: ~'-'r'''<-'; The TRB's reaommendation was 'that the conditions continue to be imposed because they are still in need of the right-of- way connections to promote rapidcrespoI1se for emergency vehicles. The City commission determined that this request was not a subs,tantial change a.ndforwarded the request to the Planning & Zoning Board ,for final,consideration. - 17 - ,,::-......... MINUTES - PLANNING .& ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY l3, 1990 Staff comments are as follows: '3c.r...... police.Department p. . It was recommended "That every attempt the right of way for Bedford Bl.vd. We modifica,t;i.on 6zll,Y after, all a,venuesto exhaus ted.'( P1J:bli c' Safety) II Fir e DepartmEmt be made to obtain should grant this obtain it are ! , <:.: ;~ i: ' ~" -' ., , i &lTherei,s a, dearth of connecting roads in this ar.ea, to promote. rapid response by the Fire Department. As lorigi- na,.l,ly:pr..o. p.O$e9,. thJ..... s ro.adWay WOUldh.ave alleviated I a por- tl.on of,the problem. We cannot recommend anychan~e from the original, plan. n . . i. utilities Department '''We,would like to take this opportunity tc;> reinfor~e c:>ur po~a 't:i~o~ on the ne'E.!d for a potable water l.ntercor:.m,c;::tl.on be1;:ween the~eadows PUD 'and Lawrence. ,Groves. . Sal.d i l.nter- connect.is.beooming increasingly critical if we ar~ to maintain reliability of service and adequate disinfection. . ! The la-foot wide easement indicated on the drawing$ is sufficient if the main' is to be located adjacent tj! a future righ~-of""way. However,' if.the right-of-:-way1will not be obtal.ned, then a 20...,foot w1~e.easement J.s p:teferred so as to allow for the necessary IIll.nl.IIlUm f;letback of 10 feet from any future structures." I Chairman Walshal<was int~rested in whether the City i Commission felt they needed a 10 I or a; 201 easement:. I Ms. Heyden stated she didn;ot be~lieve that issue came up I Vice Mayor Olenik, ~ho wasJ?resen:t in th(3 audience, remarted that regardless of whetherl.t was, a 10 I or a 20 I easement, the Commission saw-no substantial change. 'He didnlt thiJh,k the Commission had reallyad~I'es!sed the i,ssue. commissi~~>ner Lee Wi sche ~iho was . also in theapdi ence agre~d. I Chairman Walshak. asked if tb,e applicant was present. i Mr. Rick Rossi had been pre$~nt iat the ,meeting earlier, ~ut at this time they were unable to locate him. : ,; , ~ . , :t.. . .~ .. . ,. ':'.:, :~. .' .'~ . ::;," T :fL ......' }. .. J~' ),;.. , . :;:-' ' ill: ~ ~ ;.~ ..: flU" r" ':1.. 11'; ~J": : .'F !. ~ ~~~\ i . \ ..... Tim Cannon, In;terim Planning, Director reported he ha~ met with thePatIIi~each County:Land Acquisition Dept. Since this is a local street as opposed to a thorough-fare! and as - 18 .... . ~"_".'.._n_____"__"___~"_.__'.'_'__" .'_.... ... .___.....-~.......~..._.~.,........_ ._...........,~"... :.............~.. "..___"",~....,......._._..,..........._.,",""'___~__"""""""",,~"-.'_":',7:.'r.......'~,"...."". '.',r-....... ,/~..~"""'" MINUTES - PLANNING & ZONING BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1990 a l.ocal street it. ,would s.ervepeople within the Ci ty,the coun.ty ha.s ,a tough ca$epr:QviIlg~pU:blicneed for the County togo, i,ntoacondeIIlnationproceeding. Their Land Acquis,i.tion;Dep~,. had:been informed by their, County Attorney .that this is almost a IIsure loser" going into Court. It could bepursu'edbu.t1t pJ:01:;)ablywould not be s:uccessfull. Since t:,here.isonly on.ewat~r ui:ilitysystem,inthe whole area'. tlJ.attheC;l1:.Y cOIitrols"ther.e. 1~ .a, legai. .basis for the cauntyconCi~~Il;i,ngthe .utili by :ea:~emept.Mt' . Cannon noted tha;t si'nce..thi~i$ an an unirico1)porat;e,dparcel, the City could not cc:mQem!i.tl1e j;.ight~Qf'",way~, ....The Caunty would have to.' The'. countywoUl..db.ave ~oprov~the'reis' a . need on the part' Qf theCo1.1Il,:tY ;res.ident~,,'f6r,tp.;f.s 'right-o.f-way. It is diffJcu1.t taProve ~his onr:Q~d;ri9ht..;of-'wa'Ys"but it is not a problemfora.utility ea!;ement~ R.e'marks were ma.de about :i:~El i;oa.ds.exi,sting in the area. Re'fe;rEmicewasma(je to road ;wo.tkKnollwood Groves.' was doing which wou14 resuit in ~riea;stj.wEls:troad. Mr. Golden com- m;entedabqq;t theJ:;'e being nq g.uaX:~nt~edtimeframefor the c:onstJiu:ctiQinqf the road an,d "s.ta,:f5ffel t there was an imme-' d<iateneedto improve accessint;be area. Otherreinarks were made. . . ~." C"'"" " , ..,.::.......... . , '. Mr . Howard moved to approve the .am~nded masterpl.an to delete the con~ftian of zoriing.app:roval that required the con~tl;'uction of Bedford.Blvd.:betw~eIl the J;.iawrence ~rove'PUD and.the Meadows 300 PUD, subj~ectto staff comments ,requiring the 20 'easement . Mr. Collins' seconded the motion Which carried 7-0. . . .'.! :1 .::.. . :..., ;. ~l . ;11 ?'''' \...-- C. SITE PLANS NEW SITE PLANS --." 2. Project Name: Agent: Owner: Location: Quantum Office Park Jeff Falkanger& Associates, Inc. Quantum Associates N.W. 22nd Ave. at the L.W.D.D. E-4 Canal, northeast corner Legal Description: Lats 20, 21, 20-A and 2l-B of "Quantum Park" at Boyntan Beach, PID Plat No.2, as recarded in Plat Book 59, Pages 184 and 185, .of the .public Recards of Palm Beach Caunty, Florida. Request for site plan approval to ,..-....: Description: - 19 - r' ~......:;.:_... ..:.~-.-..::::;=:."':,:;:,,:,..,~,.............--~.._--_' . --..........,...""-.r-::;-i:":";.."..-:::-..=.-r_-<r:.~~.1;.'::;<:7..:...-:-~,t..-: .-.:1.....C.,..,..."....Tn. ~.~.