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LEGAL APPROVAL MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1992 In response to Mr, Collins' question, Mr, Cutro explained that the County is responsible for the installation of a traffic light, Chairman Rosenstock stated that Mr, Kazunas is new and the Board does not mean to pick on him. He further suggested that Mr, Finizio be present at future meetings until Mr, Kazunas becomes familiar with the job so that the Board will get the proper responses to their questions. Mr, Cutro pointed out that Mr. Staudinger was responsible for the comments on this application, There was no one present in the audience to speak at the public hearing, Motion Gary Lehnertz moved that the Planning and zoning Board recommend approval of the parking lot variance for The Atrium Place located at 2755 South Federal Highway, This is a request for a variance to Section 5-142(h)(3) Driveways of Article X, parking Lots, sub-' ject to staff comments and subject to making this driveway a one-- way right turn in driveway only with the design to be reviewed by the City Engineer to insure compliance with the inlet only, Nathan Collins seconded the motion. Ms, Huckle wondered if it was necessary to show any further hardship in the motion, Assistant City Attorney Trehy explained that by approving the motion, the applicant has consented to the conditions and nothing further is required, motion carried unanimously, B. CONCURRENCY APPEAL EXEMPTION TIME EXTENSION 1, Project Name: Applicant: Owner: Location: Boynton Nurseries PUD Robert Horner Boynton Nurseries Lawrence Road at L,W,D.D, L-21 Canal; northwest corner Description: Request for a one-year time extension for exemption to the City's con- currency management ordinance, Mr. Cutro made the presentation, The Planning and zoning Board is required to review the concurrency extension. The review board met on January 28th and recommended the concurrency be extended for a period of one year, - 8 - .. MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA ..., FEBRUARY 11, 1992 before it came before the Board. He suggested the Engineering Department consider all the ramifications of the problems which might occur. Chairman Rosenstock addressed Mr, Kazunas and stated, "I know you're from the utilities Department, and I don't mean to pick on you this evening, please forgive me, but I really feel strongly about this and I don't want to sit here and have this Board pass something that will be a problem in the future, and it's you're problem not mine," Mr, Kazunas explained that , this driveway can be designed to prevent cars from making a right turn, Ms, Greenhouse questioned whether or not Mr. Cutro would be able to look at plans and determine whether or not a car would be able to make a right turn, Mr, Cutro stated that when the final design is submitted, he would be able to make that determination, Ms, Greenhouse asked Mr, Kazunas if staff would be able to make sufficient guidelines and conditions to insure that no right-hand turn could be made from the driveway, Mr. Kazunas made that assurance. Mr, Kazunas pointed out that the applicant might lose- access to a parking stall. Ms, Greenhouse again asked that the Board receive assurance from the Engineering Department that the driveway would be designed to preclude a right-hand turn from being made. Mr, Kazunas gave an affirmative response and stated that because of the curbing, some access will be lost. Ms, Greenhouse again requested reassurance from the Engineering Department. Mr, Kazunas agreed that the Board's request would be carried out prior to the plans being signed off. Mr, Cutro explained this will have to go through a minor site plan review, In response to Ms. Greenhouse's question, Mr. Desiderio is con- tent with the staff recommendation and stated he was the one who wanted the entrance and exit, He stated that it was unfair that the Board "went after" staff since he had the plan designed by an engineer, He stated he wants an entrance and an exit, but will accept just the entrance, Assistant City Attorney Trehy explained that the Code requires that there must be a hardship shown and it cannot be preexisting or existing in order to grant the variance, It is not granted as an automatic or by right, Ms, Huckle asked that staff consider putting a "No u-turn" sign at the intersection. Ms, Greenhouse questioned Mr, Kazunas regarding what is necessary to accomplish that request, Mr, Kazunas will investigate the procedures and report back to Mr, Cutro, The status will be reported at the Board next month, - 7 - MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 11, 1992 In response to Ms, Huckle's question, Mr. Haag stated the parking requirements will be satisfied, She wondered if there is a u- turn at 28th Circle, There is no u-turn at that location. She pointed out that there is no way you can eliminate the possibi- lity of people exiting once the driveway is made. How is the opening configured? Mr, Haag responded that they would make a form of a radius coming in off Federal on the property, Signs will also be posted, Ms. Stevens wondered if the driveway could be widened. It was explained that the City Engineer could widen the ingress/egress into Mr, Desiderio's lot. Ms, Stevens had no objection to a per- son being able to turn from Federal Highway into the parking lot, but exiting onto 28th Circle is a problem because of Colonial Club across the road, Dominic Desiderio explained a situation which arose during the holiday season when traffic was stacked up along 28th Circle, He has researched the market and nobody along Federal Highway has the required 180', When all of his vacancies are filled, he will'. need an entrance and an exit, He stated a signal will also be necessary in the future, In response to Mr, Collins' question, Mr, Desiderio does not have a problem with the staff recommendations. Ms, Huckle raised the question of posting a "No u-turn" sign. Mr, Kazunas offered to investigate this possibility, but stated that when the u-turn is eliminated, you move the problem from one median cut to another further up the road, He did not feel this should have a bearing on tonight's decision, Ms, Huckle feels the TRC's recommendation was made to eliminate the u-turn, Mr, Kazunas stated the concern is the cars weaving across the lanes of traffic to get to the turn lane. The "No u-turn" sign would prevent the cars in the median lane from making the u-turn. Ms. Huckle stated that once the median is cut, there is no way it will not be used. Mr, Rosenstock agreed with Ms, Huckle and stated his surprise that staff did not address this problem, Mr, Cutro disagreed and explained that a driveway could be designed for entrance-only purposes, While Mr, Rosenstock is aware of this fact, he wanted reassurance that this driveway would be designed in such a manner, Mr, Cutro stated the City Engineer would follow through on the order made by the Board, Mr, Rosenstock asked Mr, Kazunas if he would follow through to be sure the driveway is designed for entrance only, Mr, Kazunas stated he will review the appli- cant's design first, Because a vote is needed at tonight's meeting, Mr, Rosenstock requested reassurance from Mr, Kazunas, He further stated that this item should have been addressed - 6 - 'W' MINUTES - PLANNING AND ZONING BOARD MEETING BOYNTON BEACH, FLORIDA .., FEBRUARY 11, 1992 Chairman Rosenstock stated that this is a case of record with regard to continuances, In response to Chairman Rosenstock's question, Mr, Cutro feels that the meeting of the TRB will get everything in order for presentation at the next Board meeting, After much discussion on when to hear this case, it was decided that there would be no special meeting for this application, Motion Gary Lehnertz moved that the Planning and Zoning Board continue Cedar Grove PUD to the next regularly scheduled meeting of the Planning and Zoning Board on March 10, 1992, Marilyn Huckle seconded the motion which carried unanimously, Mr, Cutro introduced Mike Haag, who is now a member of the Planning and zoning Department and Mike Kazunas who is the newly-' appointed City Engineer, NEW BUSINESS A. PUBLIC HEARINGS PARKING LOT VARIANCE 1, Project Name: Agent: Owner: Location: The Atrium Place Dominic Desiderio, Jr. Desiderio Corporation 2755 South Federal Highway Description: I I l Request for a variance to Section 5-142(h)(3) Driveways of Article X, parking Lots. Mike Haag made the presentation and stated that Mr. Desiderio is present in the audience, Article X requires that driveways located along arterial roads or collector roads must be no less than 180' to intersecting roads, The applicant is requesting a two-way drive, 121/ from SE 28th Circle going north, On January 28th, the Review Committee met and recommended appro- val of the variance with the condition that it be a right turn in only, not a two-way, There are staff comments from Police, Engineering and utilities. The TRC identified that they want a one-way right turn in only and want the ingress/egress configured so that cars cannot exit out onto Federal Highway, By elimi- nating the two-way drive, vehicles trying to exit cannot cut across U,S. 1 and make a u-turn to go north on Federal Highway, - 5 - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, February 11, 1992, at City Hall Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach, to consider an application for A PARKING LOT VARIANCE on the following described property: Applicant: Owner: Legal Description: Location: Variance Requested: Nature of Variance Requested: Use: Dominic M. Desiderio, Jr. Desiderio Corporation All that part of the southeast Quarter of Section 33, Township 45 South, Range 43 East, in Palm Beach County, Florida, more particularly described as follows: Beginning at a concrete monument in the West line of the right-of-way of U.S. Highway No.1, which is 385.56 feet south of the North line of the Southeast Quarter of said Section 33 and running thence South along the West line of the right-of-way of said U,S. Highway No, 1 a distance of SOO feet to a point that is the Southeast corner of land conveyed to Raymond L. _ Brandwie and wife said point being the point of this description; thence continue South along the West line of the right-of-way of U,S. Highway No.1 a distance of 200 feet; thence West on a line parallel with the North line of said Southeast Quarter of said Section 33, a distance of 300 feet thence North on a line parallel with the West line of U.S. Highway No, 1 to a point which is the Southwest corner of the land conveyed to Raymond L, Brandwie and wife; thence East along the South line of said property conveyed to Raymond L. Brandwie and wife to the point of beginning; excepting therefrom the Easterly 17 feet which was conveyed to the State of Florida for road right-of-way by Deed dated January 22, 1955, recorded in Official Record Book 149, Page 564, public records of Palm Beach County, Florida, 2755 South U,S. Highway No. 1 Article X, Parking Lots - Required Improvements. Section 5-142 (h)(3) Driveways. No parking lot driveway may be constructed closer than thirty (30) feet from the intersection of the right-of-way lines along local streets and one hundred eighty (lS0) feet along streets of a higher classification as shown on the city or county thoroughfare plans. To permit a driveway access to U.S, Highway No, I, about one hundred twenty-one point ninety-eight (121.98) feet north of the intersection of 2Sth Circle and U.S. Highway No.1, Existing Professional office Building and Retail Shoppes All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Zoning 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH / \ ~ 110791 4626y/5 ArrlJCl.fW/6N r TO UJAf2PItNT)' t/1EJ;:I> --:. lJ_ ., Legal Description All that part of the Southeast one-quarter (SE 1/4) of Section 33, Township 45 South, Range 43 East, in Palm Beach County, Florida, more particularly described as follows: ,r Beginning at a concrete monument in the West line of the right of way of U,S, Highway No. I, which is 385,56 feet South of the North line of the Southeast one-quarter (SE 1/4) of said Section 33 and running thence South along, the West line of th'e right of way of said U.S, Highway No. 1 a distance of 800 feet' to a point that is the Southeast corn~r of land conveyed to Raymond L, Brandewie and wife,~said point being the point of beginning of this description; thence continue SoVth along the West line of the right of way of U,S. High~ay No, I, a distance of 200 feet; thence West on a line parallel wi1th the. North line bf said Southeast one-quarter (SE 1/4) of said Section 33-a distance of 300 feet; thence North on a line parallel with the West line of U.S, Highway No, 1 to a point iwhich is the Southwest co~ner of the land. conveyed to Raymond L, Brandewie and wife; thence East along the South line of said property conveyed to Raymond L. Brandewie and wife, to the point of beginning; excepting therefrom the Easterly 17 feet which was conveyed to the State of Florida for road right of way by Deed dated January 22, 1958, recorded in Official Records Book 149, Page 564, of the Pu~lic Records of Palm Beach County, Florida, ---" f .', ....~ THIS INSTRUMENT PREPARED BY: WILTON L,r~HITE, ESQ, POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 RETURN TO: WILTON L, WHITE, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 PROPERTY CONTROL NUMBER: 08-43-45-33-00-000-5100 TAX I,D. NUMBER OF GRANTEE: 65 0293309 110791 4626y/l SPECIAL WARRANTY DEED I tL THIS SPECIAL WARRANTY DEED, made this d -, day of November, 1991, between BARNETT BANK OF PALM BEACH COUNTY, a Florida banking corporation, of the County. of Palm Beach, ,State of Florida, whose address is 625 North Flagler Drive, West Palm Beach, Florida 33401, Grantor, and DESIDERIO, CORP" a Florida corporation, whose address is 1000 White Drive, Delray Beach, Florida 33483, Grantee: WITNESSETH, That said Grantor, for and in consideration of the sum of TEN AND NO/IOO DOLLARS ($10,00), and other good' and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's successors and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: See Exhibit "A" attached hereto and hereby made a part hereof,' . SUBJECT, HOWEVER, to taxes for the year 1992 and subsequent jears; to all applicable governmental regulations; to restrictions, reservations and easements of record (it not being the intent hereof to reimpose the same); and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons arising by, through or under Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in our presence: BARNETT BANK OF PALM BEACH COUNTY BY : e.- Its Name: President (BANK SEAL) "\ STATE OF FLORIDA ) ) COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly qualified /' to I.,. ta~e acknowledgments, personally appeared LaS t<-UZ-In/ rt!.k. ,to me known to be the _V/c e- President of the corporation named as grantor in the foregoing deed, and that he subscribed to and acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said" corporation and that the seal affixed thereto is the true corporate seal of said corporation, WITNESS my hanQ and official seal in the County and State last aforesaid this IdJ t;b. day of November, 1991. J.9-e-b-ttl. .3 _ ~..) NOTARY PU~LIC I Name: 7)ebra. r Lt n.d5fro"., (NOTARY SEAL) My Commission Expires: .. NOTARY PUBLIC ST" it (f Fl CRIU" MY C<X1t1ISSION EXP. DEC ,1 9,1992 DotIOEO mqij GiNER\L INS. UNO. . 4626y/2 -2-