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LEGAL APPROVAL RESOLUTION R98-.4"1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SUBORDINATION OF ENCUMBRANCE TO PROPERTY RIGHTS AGREEMENT SUBORDINATING THE CITY'S EASEMENT TO PALM BEACH COUNTY, FLORIDA'S INTEREST IN THE RIGHT-OF-WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has had a utilities easement adjacent to Congress Avenue between Old Boynton Road and Boynton Beach Boulevard since 1981; and WHEREAS, the construction of the Boynton Commons shopping center required the addition of a turning lane, and the subsequent dedication of affected property to Palm Beach County, Florida for right-of-way purposes; and WHEREAS, the City Commission of the City of Boynton Beach, based upon staff recommendation, find~ it necessary and in the City's best interests to execute a document subordinating the City's easement to the County's right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute a Subordination of Encumbrance to Property Rights subordinating the City's MEETING MINUTES PLANNING & DEVELOPMEN. ...IOARD BOYNTON BEACH, FLORIDA OCTOBER 28, 1997 Basile realizes that if he cannot find a solution to that problem in the near future. the townhouses will be shut down. Mr. Dubs pointed out that if the roads are platted to the City, then it is the City's responsibility to abandon the road. Ms. Heyden explained that there are two steps in the process that include the dedication and acceptance. In that case, Mr. Dubs determined that the road does not belong to the City; therefore, Mr. Basile can file the abandonment. Ms. Heyden explained that several options have been presented to the applicant's attorney. He has not yet responded as to which one he has selected. Mr. Basile does not feel this problem can be resolved in a short period of time. Mr. Friedland realized that this board could not resolve the legal issue involved. However, the board could approve the rezoning while Mr. Basile tries to settle the remaining issue. Mr. Basile explained that if this stands as is, it would take the zoning of this property and restructure of the roads away from the piece being built now. Motion Mr. Dube moved to approve the request to amend the future land use map of the Comprehensive Plan from Low Density Residential to Public and Private Governmental/Institutional and rezone from Planned Unit Development to R-1-AA, Single- Family Residential the northeast portion of the Cedar Ridge PUD which was formerly approved for 11 single-family lots subject to staff comments. Mr. Friedland seconded the motion. Mr. Myott pointed out that the Attorney's condition of approval would be included since this is subject to staff comments. Mr. Dube explained that there is no way for the board to resolve this issue since it is a legal issue. The board is moving this application on, and the City will have to settle this problem. The motion carried 6-0. B. APPEALS CommunitY Deslan Plan ADDeal Description: Boynton Commons PCD Joe Lelonek, Land Design South Winchester, Winchester, Zeiher & Schroeder Southwest corner of Old Boynton Road and Congress Avenue Request for approval of a community design plan appeal to allow four colors in addition to white and black, to be included in a proposed sign program for Boynton Commons PCD 1. Project: Agent: Owner: Location: lIP 5 -- .._-~----_.__._--~- MEETING MINUTES PLANNING & DEVELOPMEN", JARD BOYNTON BEACH, FLORIDA OCTOBER 28, 1997 Joe Lelonek, Land Desian South, was present and had no comment. There were no comments from the board members. Motion Mr. Friedland moved to approve the request for approval of a community design plan appeal to allow four colors in addition to white and black to be included in a proposed sign program for Boynton Commons PCD on the southwest corner of Old Boynton Road and Congress Avenue. Mr. Dubs seconded the motion that carried 6-0. Description: Boynton Commons - Tony Roma's Joe Lelonek, Land Design South Winchester, Winchester, Zeiher & Schroeder Southwest comer of Old Boynton Road and Congress Avenue Request for approval of a community design plan appeal to allow roof illumination of Tony Roma's restaurant building 2. Project: Agent: Owner: Location: Mr. Aguila stated he is opposed to approving the amount of lighting requested because it serves no purpose. This lighting will do nothing for the project, and once the landscaping is installed. the lighting will not be seen. He will not support this request. Mr. Friedland agreed with Mr. Aguila's remarks. Joe Lelonek, Land Desian South, said Tony Roma's has a standard prototype drawing and would like to light the barrel tile roof. He pointed out that staff recommended denial of this request, but they did not have a clear indication of what to do because there is no clear direction in the Code. Mr. Lelonek feels the up lighting will provide a nice look and feel for this center. He agreed that the landscaping will hide some of the lighting, but other features in the center (clock tower) will have the same type of illumination. If approved, this will provide continuity. Mr. Lelonek feels this lighting is warranted. Mr. Aguila said he is a proponent of smaller signage and drawing less attention to architecture by artificial means. The architecture of this building is very nice. These lights will do nothing to enhance the architecture of this building. Motion Mr. Aguila moved to DENY the request for approval of a community design plan appeal to allow roof illumination of Tony Roma's restaurant building as submitted. Mr. Dube seconded the motion that carried 6-0. :t_ AT MR. AGUILA'S REQUEST, ITEM 0.2 WAS MOVED UP IN ORDER TO DISPENSE WITH ALL APPLICA TIONS FOR BOYNTON COMMONS. 6 - rn~rn~\gl- D. n- JL ASEP A _.-- .."- . I i~ . t:. ' 'I ji: ~. U J: I i \ , I MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, F ON TUESDAY, AUGUST 19,1997, AT 6:30 P.M. PLANNING AND ZONING DEPT. ..~::'..~/1. PRESENT * Gerald "Jerry" Taylor. Mayor Jamie Titcomb. Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz. Commissioner Henderson Tillman. Commissioner Kerry Willis. City Manager James Cherot. City Attorney Sue Kruse. City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Father Mark, Pastor, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested the addition to two items under X-New Business. They will be: 1. Letter from the "( Have A Dream Foundation": and 2. 1-95 Wall as it relates to Forest Park Elementary School City Manager Willis added four items under V-City Manager's Report. They are: 1. Citizens Action Center 2. Schedule Workshop to Discuss Fire and EMS Services to Hypoluxo 3. Authorization to Retain Labor Management Services 4. Approval of a Block Party Request 2. Adoption Commissioner Tillman moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion which earned 4-0. Mayor Taylor announced that Commissioner Bradley is out ot town. II. ADMINISTRATIVE: * T BRADLEY WAS OUT OF TOWN DURING THIS MEETING. 1 MEE;'!ING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 Motion Vice Mayor Titcomb moved to approve the abandonment application subject to staff comments. CommisSioner Jaskiewicz seconded the motion which carried 4-0. VIII. BIOS: None IX. DEVELOPMENT PLANS: A. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commons PCD Joe Lelonek land Design South Bill and Elsie Winchester Southwest corner of Old Boynton Road and Congress Avenue Request for an administrative appeal to significantly modify the previously-approved building elevations of the Boynton Commons PCD Shopping Center. Attorney Cherof administered the oath to all who would speak on this application. Joe Lelonek, Land Design South, introduced Mark Weiner. Architect for the project, and Debra Kropornicki. an architect from GAP. Mark Weiner advised that when this project previously came before the Commission, the elevations and site plan were approved even though not all input from specific tenants was available. Since that time. Land Design South has received a great deal more information from the tenants, and the presentation will reflect the input from Sports Authority. Tony Roma's, and Old Navy. During the Planning and Development Board meeting. Sports Authority and Tony Roma's were approved. At this time, only the Old Navy elevation remains in question. Mr Weiner circulated photos and displayed a rendering. He explained that the Old Navy stores are going through a growth period. They now have 250 stores and plan to have a total of 400 stores by next year. All of the stores will have the same identity and architectural character. In response to Commissioner Jaskiewicz' question, Mr. Weiner advised that Bed, Bath and Beyond and a men's retail store will be adjacent to Old Navy. Vice Mayor Titcomb noted that there were two versions of Old Navy. and he questioned which version was being proposed. Mr. Weiner advised that the applicant is proposing the version depicted on the rendering. He reminded the CommIssioners that when the original approval was given, the applicant was insistent on maintaining individual identity for each of the tenants. At the time, they proposed three pallettes of color and individual elevations. There was also discussion about maintaining a balance among the tenants. The applicant feels this has been accomplished. Debra Kropornicki advised that Old Navy is a division of the GAP. However, they want their own identity. They have developed and created their own corporate image with the storefront proposed. Eighty stores will be built this year with this particular storefront. The arches proposed will work with other arches in the Center. This proposal is an upgrade for Old Navy, and she believes the City will be very happy with it. The glass proposed for this building will be frosted. 14