REVIEW COMMENTS
MEMORANDUM
UTILITIES DEPT. NO. 97 - 032
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FFR 2 i \991 '
1
PLANNING AND
ZONING DE-PT.
TO:
Tambri Heyden, Planning Dire
FROM:
John A. Guidry, Utilities Director
DATE:
February 26, 1997
SUBJECT: PolIo Tropical - Easement abandonment
We have no objection to the proposed abandonment of that portion of easement
described on the attached sketch. This easement once contained an active water
main which has since been replaced by a new main to the east. The original
sections of water main that were no longer required have since been removed,
even though the easement remains.
We would prefer that the entire portion of the unnecessary easement be
abandoned, so as to reduce the encumbrance on this property. We are also
attaching a copy of the "as-built" drawing showing that portion of the easement
which is no longer necessary. Please note that this is only a suggestion, not a
requirement, but it may save the owner some effort in the future should the
building or landscaping be modified to encroach on the recorded easement.
Please refer any questions on this matter to Peter Mazzella of this office.
JAG/PVM
xc: Skip Milor
Sue Kruse
File
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance NO. 76-27 of the C~~" of
Boynton Beach, Florida, hereby applies to the City Commis~iun to
vacateJ abandon, and discontinue the,
(check one):
ALLEY
STREET
X SPECIAL PURPOSE EASEHENT
OTHER NON FEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce and dis-
claim any right of the City and the public in and to any land in
conn~ction therewith.
said application is to be filed with the Planning Department in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each appli-
cation so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description with the
specific property interest sought to be vacated or abandoned, in-
cluding where possible a plat map or drawing ~howing the general
area and location involved, is set forth in Exhibit "A" attached
hereto.
2. That the title or interest of the City and the public in and
to the specific property interest described above \/as acquired
and is evidenced by,
(check one):
(X DEED (Easement)
( DEDICATION
( PRESCRIPTION
Recorded in OffidaL Records Book 7149 , Page....!.!2.L, and
Public Records of Palm Beach County, Florida.
3. That no similar application has been considered by the City
at any time within six (6) months of the date hereof, and should
this application be granted; such abandonment and vacation will
fl"eVent no other property owners from access to and from their
property and no other property owners in the vicinity will be
adversely effected.
4. That the above described property interest is under the
c.Jntrol and juris.liction of the City Conunission of the City of
Boynton Beach, Florida, 1s not a part of any state or federal
highway s~steml and was not acquired or dedicated for state or
federal highway purposes.:
5. That the following constitutes'a complete and accurate
schedule of all owners and occupants bounding and abutting the
property interest described above.
NAME
ADDRESS
VSB. Ltd.,
~ Flnrida limited oartnershio
c/o Terrence Russell, Esq., Ruden,
11CCloskey, Smith, Schuster b Russell, PA
200 East8roward Blvd.
Ft. Lauderdale. FL 33302
J5
6. That the following grounds and reasons are submitted in
support of this application:
When Pollo Tropical Restaurant building was to be constructed, the City
inspector required that a portion of the existing Shopping Center Utilities
(water main) Easement be relocated (else that portion of the existing easement
would be under the building). We recorded the new (relocated easement, attached,
but never did abandon or vacate the applicable portion of the original easement
(copy also attached). At the time, City officials advised that abandonment was
not urgent. but eventually should occur.
DATED: (Vov. ;,),f:l" ""
LE~~E SIGN I
ADDRESS
KATZ. BARRON. SQUITERO. FAUST & BE~~~,
2699 South Bayshore Dr.. 7th Floor
Miami, Florida 33133
STATE OF FLORIDA
COUNTY OF PAt" 8BACIl
DADE
The above named applicant~being first duly sworn by me the
day and year above indicated, deposed and stated that he
~is the applicant~ in the foregoing Application to-Xbandon/
Vacate, that .ae~ ha~ read the same and that the facts therein
set forth are true and correct to the best of ,~ knowledge.
HI$
My Commission Expires:
7/31/qg
...11'1 PfI a'l'lCIAL NOTAIlY HAL
0.... ~ JACQUILM a KNOWUS
;t . (\ CO....'ISION NU...1l
lJ., ~ CC3l2UI
71- ~ II' Co....S101t Illl'.
. 0,,\.0 JULY 311'"
6-19-87
1(,
EXHIBIT "E"
I ~_______________
EXHIBIT "E"
Conditions of Approval
Project name: Shoppes of Boynton - Polio Tropical
File number: ABAN 96-005
Reference: Utility Easement Abandonment and Re-alignment at Shoppes of Bovnton.
DEPARTMENTS INCLUDE REJECT
ENGINEERING
Comments: NO OBJECTION
UTILITIES
Comments: NO OBJECTION
PLANNING AND ZONING
Comments: NO OBJECTION
ADDITIONAL PLANNING AND DEVELOPMENT BOARD
CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
JLldar
S:IPLANN INGlSHAREDIWPIPROJECTSIPOLL- TROIABANICON DAPPR. WPD
,g
--"1EVELOPMENT ORDER
CITY vr= BOYNTON BEACH, FLORIDA
PROJECT NAME: Polio Tropical at Shoppes of Boynton
APPLICANT: Draper and Kramer of Florida, Inc.
APPLICANT'S AGENT: David S. Drobner, Esq.
AGENT'S ADDRESS: 2699 South Bayshore Dr., Seventh Floor, Miami, Fl 33133-5406
DATE OF HEARING BEFORE CITY COMMISSION: August 5, 1997
TYPE OF RELIEF SOUGHT: Utility easement abandonment
lOCATION OF PROPERTY: Northeast corner of Congress Avenue and Quantum Boulevard
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J\Planning\sHARED\WP\PROJECTS\Pollo Tropical\ABAN\DEVELOPMENT ORDER doc
/'l
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MAY 20,1997
Mr. Norfus felt the Wilson Center should be revitalized as a true community
development center. Mayor Taylor suggested he obtain a copy of the Meeting
Summary regarding the Wilson Center Programs from the City Manager's Office.
Donald McGeehan, Manager of Quik Arrival Towing, defended Quik Arrival Towing and
asked why Quik Arrival Towing was turned down.
Mayor Taylor advised him that his performance and record speaks for itself and that is
what the Commission based its decision on.
No one else wishing to speak, Mayor Taylor declared the Public Audience portion of the
agenda closed.
Mayor Taylor declared a recess at 8:34 p.m. The meeting resumed at 8:47 p.m. Vice
Mayor Titcomb had not returned yet.
VII. PUBLIC HEARING
Description:
Polio Tropical at Shoppes of Boynton
POSTPONED TO MAY 20, 1997
David S. Dobner, Esq.
Draper and Kramer of Florida, Inc.
Northeast corner of Congress Avenue and Quantum
Boulevard
Abandonment of a portion of a 15 foot wide utility
easement
A.
Project:
Agent:
Owner:
Location:
Mayor Taylor advised that staff recommended that this item be deleted from the
agenda. Tambri Heyden, Planning and Zoning Director, advised that this item will come
back to the Commission at a later date.
.....
Motion
Commissioner Bradley moved to delete this item from the agenda. Commissioner
Tillman seconded the motion, which carried 4-0. Vice Mayor Titcomb was not present.
At this time, Vice Mayor Titcomb returned.
16
(J(! %h
J. Authorize the purchase of MICROSOFT OFFICE SUITE '97 LICENSES for use on the
citywide network
K. Authorize purchase of CUSHMAN 3-WHEEL TURF-TRUCKSTER, MODEL 536 from
PIFER, INC. (State Contract) in the amount of $10,315 for the Golf Course
L. Authorize sole source purchase of a SMITHCO SAND STAR E-ELECTRIC BUNKER
RAKE from KILPATRICK TURF EQUIPMENT in the amount of $7,299 for the Golf
Course
M. Approve request for SOFTWARE required to UPGRADE THE COMPUTER OPERATING
SYSTEM on PC's located within the Utilities Department from WAREFORCE, INC. in the
amount of $6,007.71
V. CITY MANAGER'S REPORT:
A. RFP for PRIVATIZATION of CUSTOMER RELATIONS/METER READING
VI. PUBLIC AUDIENCE: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS
INDIVIDUAL SPEAKERS Will BE LIMITED TO 3 MINUTE PRESENTATIONS
VII. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A. PROJECT: Pallo Tropical at Shoppes of Boynton
POSTPONED TO MAY 20, 1997
AGENT: David S. Dobner, Esq.
OWNER: Draper and Kramer of Florida, Inc.
LOCATION: Northeast corner of Congress Avenue and Quantum Boulevard
DESCRIPTION: ABANDONMENT - Abandonment of a portion of a 15 foot wide utility
easement.
B. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
C. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Bowers Park Subdivision, Block 10, 11 and 12
City of Boynton Beach
City of Boynton Beach
Alley between SE 5th Avenue and SE 6th Avenue on both sides of
Seacrest Boulevard, west of the FEC Railway
ABANDONMENT - Abandonment of a 15 foot wide unimproved alley.
Quantum Park PID
James G. Willard and Bowen LLP
Quantum Associates
West side of the intersection of Interstate 95 and Gateway Boulevard
MASTER PLAN MODIFICATION - Request to amend the previously
approved PID master plan in connection with an amendment to the
DRI as follows:
Change in traffic distribution due to possible future severing of
Quantum Boulevard between lots 22 and 31 and lots 6 through 11 ;
and change in the master plan designation of lots 6, 7, 8, 9, 10, 11,
22,23,24,25,26,27,28,29,30,31,1,2,15, 16 and 40A from office
to office/industrial use; of lots 1, 66, 67A and 67C from office/hotel
use to office/industrial/commercial use; of lots 12, 13, and 14 from
office/research and development to office use; lots 32,33, 34A, 34B,
35, 36, 37 and 38 from office/industrial to industrial use; of lots 17,
18, 19, 21, 39, fi2, 81, 82, 83, 84 and 85 from office to
office/industriaVcommercial use; of lot 40 from office/government and
institutional to government and institutional use; change in the master
plan designation of lots 58, 59",60, 61 and 62 from
industriaVresearch and development to office/industrial use; change
in the master plan designation of lots 86, 87, 88, 89A, 89B and 90B
from research and development to officelindustrial use; change in the
master plan designation of lots 65A, 65B, 67B and 91 from
office/hotel/commercial to office/industrial/commercial use; change
3
VIII. BIDS
in the master plan designation of lots 63 and 64 from
office/commercial to office/industrial/commercial use; change in the
master plan designation of lot 90A from research and development
to government and institutional use; change in the master plan
designation of lots 68A and 68B from research and development to
office/industrial/commercial use; change in the master plan
designation of lots 56. 57, 69, 70. 72. 73A, 73B, 74 and 75 from
industrial to office/industrial/commercial use; change in the master
plan designation of lots 46A, 48A, 48B, 48C, 50A, 50B, 51 Band 51 D
from industrial to office/industrial use; change in the master plan
designation of lots 76, 77, 78 and 79 from industrial/commercial to
commercial use; and change in the master plan designation of lot 80
from office to commercial use.
IX. DEVELOPMENT PLANS:
A. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
B. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
C. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
D. PROJECT:
AGENT:
OWNER:
LOCATION:
oESCRIPTION~
E. PROJECT:
AGENT:
DESCRIPTION:
X. NEW BUSINESS:
Tara Oaks
Susan Prillaman, Pulte Home Corporation
Tara Oaks Development Corporation, Bill Winchester, President
Northeast corner of Woolbright Road and Knuth Road extended
TIME EXTENSION - Request for a one year site plan time extension
to expire February 18, 1998
Cooker Bar & Grille Restaurant
David A. Donaldson
Cooker Restaurant Corporation
1333 North Congress Avenue (west side of Congress Avenue, south
of the Boynton C-16 Canal)
SITE PLANS - Request for site plan approval to construct a 7,888
square foot restaurant and associated parking on 1.68 acres of land.
Lakeside Church
Donald E. Bryan, Bryan & Associates
Lakeside Christian Church
South side of Old Boynton Road, approximately 258 feet west of the
intersection of Knuth Road and Old Boynton Road
SITE PLANS - Request for site plan approval to construct an 8,939
square foot church for 284 seats (main sanctuary) on 1.25 acres of
land.
Sun Sentinel Distribution Facility at Quantum Park Plo
Malcolm Butters, Butters Construction and Development, Inc.
Quantum Associates
Southeast corner of Park Ridge Boulevard and Alpha Drive
SITE PLANS - R~quest for site plan approval to construct a 22,791
square foot distribution facility on 1.52 acres of land (Lot 46A in
Quantum Corporate Park PID).
Automotive service uses in PCDs
Anna Cottrell
CODE REVIEW/LOR TEXT AMENDMENT - Request to amend the
zoning code. to allow automotive services uses in Planned
Commercial Development (PCD) three acres in size or larger.
A. Items for discussion requested by Commissioner Shirley Jaskiewicz
1. Clarification on restructuring of City Boards
4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin~ Dates in to City Mana~er's Office Meetin~ Dates in to City Mana~er's Office
o May 6,1997 April 25, 1997 (noon) 0 July I, 1997 June 20, 1997 (noon)
181 May 20, 1997 May 9, 1997 (noon) 0 July 15, 1997 July 3, 1997 (Thursday noon)
o June3,1997 May 23, 1997 (noon) 0 August 5, 1997 July 25, 1997 (noon)
o June 17, 1997 June 6, 1997 (noon) 0 August 19,1997 August 8, 1997 (noon)
RECOMMENDATION:
The applicant for the request described below is asking for postponement until the August 19, 1997 City Commission
meeting. The revised aplication has been submitted, but without revised responses from utility companies. Once these are
received, readvertisement for a new public hearing will have to occur. Therefore, it is not necessary to postpone the
previously advertised public hearing any longer. This is also true given the length of time that is has been postponed. The
proper course of action would be to delete this item from the agenda.
EXPLANATION:
The public hearing for the PolIo Tropical utility easement abandonments has been continued since the March 19, 1997 City
Commission meeting to allow the applicant David Drobner, to address Utility Department conditions. These conditions
require modification to the applicant's utility easement abandonment application, readvertisement and renotification to
utility companies as the area to be abandoned will be increased beyond what was originally applied for and advertised.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
ALTERN A TlVES:
N/A
~
~~"L_ tL 2 I-
Departn1ent Head'
~~/
City Manager's Signature
Planning and Zoning
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 6,1997
3. Presentation of Classic Movies on Video to Virginia Farace, Library
Director by Sid Snyder, Adelphia Cable
Sid Snyder, Community Relations Coordinator for Adelphia Cable, said it has been a
pleasure to work with the business community, the Chamber of Commerce, the Library. and the
City Commissioners. He introduced Mark Alford. General Manager of Adelphia Cable.
Mark Alford advised that Adelphia Cable is a family-owned business run by the Rigas family.
He provided a brief history of the company and information on future plans. He presented
Virginia Farace, Library Director, with videocassettes of quality classic films from the narrative
television network. Sighted and visually-impaired people can enjoy these films.
Ms. Farace thanked Adelphia Cable on behalf of the Library, City Commissioners and the
citizens of Boynton Beach. These videos will be added to the Library's video collection.
4. Presentation by Clarence Anthony - Minority Recruitment Action Plan
This item was addressed earlier in the meeting.
5. Presentation by Claudia Kirk
Since Ms. Kirk was not present, this presentation was delayed until a later date.
VI. BIDS:
A. Award bid for Phase II, West Plant Expansion, to Interstate Engineering
Corporation, in the amount of $2,235,500, and authorize execution of contract
(Proposed Resolution No. R97-73)
Motion
Commissioner Bradley moved to approve. Commissioner Tillman seconded the motion which
carried unanimously.
VII. PUBLIC HEARING:
A. Project: Polio Tropical at Shoppes of Boynton
POSTPONED TO MA Y 6, 1997 CITY COMMISSION MEETING
Agent: David S. Drobner, Esquire
Owner: Draper and Kramer of Florida, Inc.
Location: Northeast corner of Congress Avenue and Quantum Boulevard
Description: ABANDONMENT - Abandonment of a portion of a 15' wide utility
easement.
12
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
MAY 6,1997
Consensus
There was a consensus of the Commission to postpone this application until the City
Commission meeting of May 20, 1997.
VIII. PUBLIC AUDIENCE:
Mike Friedland. 330 NE 26th Avenue. reminded the Commissioners of the discussions during
the Vision 20/20 Conference relative to the possibility of privatizing several City departments.
He requested that the Commission consider privatizing the City's garbage and waste removal
services. He presented a number of reasons why the City would benefit from this type of
privatization. (A copy of his speech is attached to the original set of minutes on file in the City
Clerk's Office.) Mr. Friedland urged the Commissioners to include this item on an upcoming
agenda.
Dee Zibelli. 440 Ocean Parkway. said she was very angry during a past Commission meeting
when a gentleman accused the City of being responsible for the loss of his house. She
explained that this was not true, and that this house is located two houses north of Gateway
Boulevard. The property is full of ridiculous items that are used for yard sales. She is hopeful
this house and the one owned by the COC will be taken care of soon.
Mayor Taylor advised .that the house in question is scheduled for demolition this week. and the
City is attempting to help the property owner relocate. The City Manager has contacted the
COC building owners to let them know the City has been waiting long enough for action on that
property, and it is time for them to begin work.
Yolanda Cabrera is a resident whose daughter was killed recently on Seacrest Boulevard
when a speeding car hit her as she crossed the street. She explained that vehicular traffic
exceeds the 40 mph speed limit on this road, and this presents a very serious problem in the
area between NE 14th Avenue and NE 19th Avenue where the road curves. She urged the
Commissioners to help with this situation before another child is killed.
Mayor Taylor explained that Seacrest Boulevard is a County road, and they must address this
situation. The City has recently halted the resurfacing of Seacrest Boulevard north of Boynton
Beach Boulevard while we attempt to work with the County to install traffic calming devices in
this area.
Harry Walker. 130 HE 26th Avenue. advised that placards are posted on City buses #75 and
#76 advising that the Saturday service will be discontinued after May 19. He questioned why
there were no legal ads published announcing a public hearing since this is a change to City
policy. He explained that Saturday bus service is very important for the public and these routes
are so crowded that one gentleman had to sit on the floor. He presented a petition containing
the signatures of 160 people in the VRG and Boynton Bay apartments who do not have cars
and depend on this bus service. Eliminating this Saturday service will take away the day of
pleasure these people have. He begged the Commissioners not to eliminate this Saturday
service.
13
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 15, 1997
VII. PUBLIC HEARING:
A. Project: Polio Tropical at Shoppes of Boynton
Postponed to Apri/15, 1997 City Commission Meeting
Agent: David S. Drobner, Esq.
Owner: Draper and Kramer of Florida, Inc.
Location: Northeast corner of Congress Avenue and Quantum Boulevard
Description: ABANDONMENT - Abandonment of a portion of a 15' wide utility
easement
Ms. Heyden advised that the applicant has requested another postponement in order to modify
his application.
This application remained on the table.
B.
Project:
Agent:
Owner:
Locaticn:
Description:
Old Dutch Mill Seafood Market
George C. Davis
Scott and Mary Jo Bills
1022 North Federal Highway
Parking Lot Variance - Request relief from Chapter 23 - Parking
Lots, Article II, Section H.3 to allow continuance of a driveway
onto Federal Highway, 74' from the intersecting rights-of-way
lines.
Georae C. Davis, agent for the owners, confirmed that the applicants are agreeable with all of
the staff conditions.
Tambri Heyden, Planning and Zoning Director, advised that the Planning and Development
Board reviewed this application and unanimously recommended approval subject to staff
comments. She further confirmed that all ads and notices have been properly filed.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Commissioner Jaskiewicz moved to approve the parking lot variance. Commissioner Tillman
seconded the motion which carried unanimously.
AT THIS POINT, ITEM IX-A, "OLD DUTCH MILL - MAJOR SITE PLAN MODIFICATION" WAS
MOVED UP ON THE AGENDA TO ACCOMMODATE THE APPLICANTS.
IX. DEVELOPMENT PLANS:
A.
Project:
Agent:
Old Dutch Mill Seafood Market
"George C. Davis
6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
D Preliminary Draft D Revised Draft []
Final Submittal
January IS, 1997
Requested City Commission
Meeting Dates
D February 4,1997
D February 18, 1997
D March 4, 1997
D March 18, 1997
Date Final Form Must be
Turned into City Manager's
January 29, 1997
Requested City Commission
Meeting Dates
D December 3, 1996
D December 17, 1996
D January 7,1997
D January 21, 1997
cg] April 15, 1997
Date Final Form Must be Turned
into City Manager's Office
November 25,1996
December 11, 1996
February 12, 1997
December 30, 1996
February 29, 1997
March 12, 1997
NATURE OF
D Administration D Consent
D Bid D Public Hearing
D Legal D Unfinished Business
D Presentation
D New Business
. Other
DESCRIPTION OF
AGENDA ITEM (attach additional sheets and supporting documentation if necessary)
Project: Polio Tropical at Shoppes of Boynton
Agent: David S. Drobner, Esq.
Owner: Draper and Kramer of Florida, Inc.
Location: Northeast comer of Congress Avenue and Quantum Boulevard.
Description: Request to abandon a portion of a IS foot wide utility easement,.
RECOMMENDATION
Staff recommends approval of the applicant's request for postponement (see attached for details).
J~0-' "Y-~~
Department H~S Signature
City Manager's Signature
S :\projects\poll-tro\aban\AGENDANW 1
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-147
Agenda Memorandum for
April 15, 1997 City Commission Meeting
TO:
FROM:
Kerry Willis
City Manager
Tambri J. Heyden, AICP 1?1-J
Planning and Zoning Director
DATE:
April 9, 1997
SUBJECT: Polio Tropical at Shoppes of Boynton
ABANDONMENT (utility easement abandonment)
ABAN 96-005
Please continue to place the above-referenced item on the April 15, 1997 City
Commission agenda under Public Hearing.
DESCRIPTION: David Drobner of Katz, Barron, Squitero, Faust & Berman Attorneys at
Law, agent for Draper and Kramer of Florida, Inc., the owner of Shoppes of Boynton, is
requesting postponement of an abandonment of a portion of a 15 foot wide utility
easement, zoned Community Commercial District (C-3). The property is located at the
northeast corner of Congress Avenue and Quantum Boulevard.
RECOMMENDATION: Staff recommends approval of the applicant's request to
postpone to allow time for the applicant to address the Utility Department's
recommendation which requires a new survey and legal description, readvertising and
renotification to utility companies. For further details pertaining to this request, see
letter dated April 8, 1997 from David S. Drobner.
T JH:dim
Attachments
xc: Central File
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KATZ, BARRON, SQUITEROt FAUST & BBR.MAN, P.A.
BERNARD ALLEN
RICHARD S, BIlItMAN
W. TODD aovo
DAVll) 11.. l.'ASl/II'I"I"V
1M VIII S. I)ROHNIiR
r-.RICA L. ENtlL.ISH
MARC L. !'^lIST
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"^R.Ul..Il KRNIN ClANOl J7.7.A
ROIUlRT r" OIMDY
RICMRU It, IV ANS
MIC:HAIL. D, I<^T~
MICKAUL I. KHAN
AO^M 1. l..AMIl
MleJJl\lJi r.. McNlCHC)J.
ANTHONY II. PllLLa
WILLIAM R. ROIIRER
JOllN R. $Q\ff1n'Rl'I
Hmol, VAU'lUl;
At..IH!Rl'O J. K1Q\m~
A'ITOll.NHYS AT I..AW
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SEVENTH FLOOR
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RONAlD M. RARRON
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MILucnNT !"I1U.n
~l..~) 7,'(i..()405
Mr. Jerzey Lewicki
Planning Department
City of Boynton Beach
124 B. Woolbright Road
Boynton Beach. Florida 33435
April S, 1997
VIA TELECOPY 561 37~HS02Q
Re: Pollo Tropical, Inc. / Shoppe~ of Boynton
Application to Abandon/Vacate Easement
Our File No. 05240014
Dear Jcrzcy:
This will confirm our conversation on Friday morning, AprU 4, 1997, and your kind agreement to hold
our pending application in abeyance pending our submission of amended sketch and legal. which we expect to
generate in the near future after further discussing with you and Peter Mazella precisely what chans:es are
required by the City. Upon that submission, I understand you will then re~il1Sert our applicition and its
attachments into the normal process of City consideration and procedure for final approval.
This will also confirm that tbe application. while in abeyance. will be removed from bi-weekly commission
meeting agendas and therefore there is no need at this time for a repre!:entative of PolIo to appear at any
forthcoming commission meeting.
Thank you again for your continued consideration and assistance.
Very truly yours,
dsd.:jdk D
cc: Glenn R. Rozansk:y (Via Telecopy)
Howard L. Friedberg, Esq.
hll,.. \pollf\IJ~I'''''ky.hh6. kr
MINUTES
PLANNING AND DEVELOP" 4T BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 8, 1997
4. APPROVAL OF MINUTES
No additions, deletions, or corrections were made to the minutes of the last meeting.
Motion
Mr. Rosenstock moved to approve the minutes of the March 11, 1997 meeting as
submitted. Mr. Aguila seconded the motion, which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from the Planning and Zoning Department
1. Final Disposition of Last Meeting's Agenda Items
Mr. Haag reported the following:
Boulevard Center - Land Use Plan Amendment/Rezoning/Comprehensive Plan Text
Amendment - The City Commission remanded this item back to the Planning and
Development Board.
Crystal Key at Woolbright Place PUD - New Site Plan - The City Commission
unanimously approved this item subject to all staff comments plus the comments made
by the Planning and Development Board regarding the cypress mulch and the
perimeter fencing. Approval was also subject to there not being any changes in the
perimeter buffer from what was previously approved by the City Commission. However,
the City Commission allowed the applicant to reduce the size of the Saw Palmettos to
24 inches.
Pallo Tropical at Shopp.s of Boynton - Abandonment of a portion of a 15 foot wide
utility easement - This item is still tabled.
B. Filing of Quarterty Report for Site Plan Waivers and Minor Site Plan
Modifications
This report was provided to the members of the board for their perusal. Mr. Haag
answered some questions Mr. .Aguila had regarding the freestanding sign for Pallo
Tropical, the expansion of the non-conforming use for Showtime, and the reduction of
the required peripheral belt for Boynton Commerce.
2
----
--------
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 1, 1997
VI. BIDS:
None
VII. PUBLIC HEARING:
A.
Project:
Agent:
Owner:
Location:
Description:
Polio Tropical at Shoppes of Boynton ..................... TABLED
David S. Drobner, Esq.
Draper and Kramer of Florida, Inc.
Northeast corner of Congress Avenue and Quantum Boulevard
ABANDONMENT - Abandonment of a portion of a 15 foot wide
utility easement.
At the applicant's request, the review of this project will be postponed until the next City
Commission meeting.
VIII. PUBLIC AUDIENCE:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
A. Items for discussion requested by Mayor Jerry Taylor
1. Selection of Consultant for Visions 20/20 Implementation
Attorney Cherof advised that the action required this evening is to rank the firms that have
submited proposals. Following that ranking, negotiations will be conducted with the Number 1
ranked firm. There should be no discussion of consideration or acceptance of information with
respect to the economics of the packages, the compensation, the proposals, or any of the
individual firms. That discussion must take place within the next phase of the process. The four
firms to be ranked are James Duncan and Associates, Genesis Group, Inc., Weiner & Morici, and
Miller Legg.
Commissioner Bradley's rankings were as follows: 1) Genesis Group, Inc.; 2) Weiner & Morici; 3)
James Duncan & Associates; and 4) Miller Legg. He was impressed with Genesis Group, Inc.
because of their work experience record. All of the projects they have handled are real planning
projects. He liked Weiner & Morici's presentation, but did not feel they had the years of experience
in actual planning and working with cities. He feels an out-of-town group can provide objectivity.
Genesis Group, Inc. has the planning abilities necessary to provide a professional product.
Commissioner Tillman agreed that all four firms provided well-thought out presentations. However,
8
MEETING MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 18, 1997
Motion
Vice Mayor Titcomb moved to delete this item from the agenda. Commissioner Tillman seconded
the motion which carried unanimously.
B. Project:
Agent:
Owner:
Location:
Description:
Pallo Tropical at Shoppes of Boynton
David S. Drobner, Esq.
Draper and Kramer of Florida, Inc.
Northeast corner of Congress Avenue and Quantum Boulevard
ABANDONMENT - Abandonment of a portion of a 15 foot wide
utility easement.
There was no one present to represent this application.
Tambri Heyden, Planning and Zoning Director, advised that the agent was not present this
evening, and not in attendance at the Planning and Development Board meeting. She is
concerned because one of the conditions of approval is a recommendation from the Utilities
Department which could significantly impact what the applicant will have to do to address the
conditions of approval. It specifically requires that the boundaries be expanded. This may require
this project to be readvertised. Since the applicant is not in attendance, she recommended tabling
this item.
Mayor Taylor suggested tabling this item until later in the meeting in case the applicant is delayed.
Motion
Commissioner Tillman moved to table this item until later in the evening. Vice Mayor Titcomb
seconded the motion which carried unanimously.
C. Public Hearing regarding adoption of EVALUATION AND APPRAISAL REPORT
(EAR) and FIRST READING OF PROPOSED ORDINANCE (Proposed Ordinance No.
097.(9)
Attorney Cherof read Proposed Ordinance No. 097-09 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS ORDINANCE.
Motion
Vice Mayor Titcomb moved approval of Proposed Ordinance No. 097-09 on first reading.
Commissioner Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote. The vote
was unanimous.
7
MEETING MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
MARCH 18, 1997
Vice Mayor Titcomb said this will address the issue ot the project sitting on County right-ot-way
versus City right-ot-way.
Motion
Commissioner Bradley moved approval. Commissioner Tillman seconded the motion which carried
unanimously.
3. Discussion regarding TRANSFER OF ASSETS from WXEL to BARRY
UNIVERSITY - Consideration of resolution TRANSFERRING/OPPOSING
TRANSFER
Mayor Taylor advised that the County will be notifying the Attorney General of their position that
WXEL remain a public asset. They will not take a position who should run or maintain it.
Commissioner Bradley advised that there is a consortium of universities that is being considered.
That would keep it in the public trust. All ot the Commissioners support the type of Resolution that
would be generic so that WXEL remains in the public trust.
Attorney Cherof recommended that the body of the Resolution include the language from our
restricted covenant that says, "...As a non-profit educational and/or public broadcasting system
site..." .
Mayor Taylor requested that this Resolution be prepared and sent to the Attorney General as soon
as possible (faxing it if necessary).
XII. UNFINISHED BUSINESS:
A. Policy directives for use of SPEED HUMPS to be used as traffic calming
device in the Forest Park area (Requested by Vice Mayor Jamie
Titcomb)
This item was discussed earlier in the meeting under Item X-D.2.
B. Discussion on swale parking ordinance (Requested by Commissioner
Shirley Jaskiewicz)
This item was discussed earlier in the meeting under Item X-B.2.
XIII. OTHER:
Ms. Heyden reminded the Commissioners of their earlier motion to table the abandonment
application for Polio Tropical until later in the meeting. She advised that the applicant never arrived
for the meeting.
Motion
27
MEETING MINUTES
REGULAR CITY COMMISSION. .ETING
BOYNTON BEACH, FLORIDA
MARCH 18, 1997
Vice Mayor Titcomb moved to table the application for Polio Tropical until the April 1 meeting.
Commissioner Tillman seconded the motion which carried unanimously.
XIV. ADJOURNMENT:
There being no further business to come before the City Commission, the meeting properly
adjourned at 9:30 p.m.
CITY OF BOYNTON BEACH
/(/~~
Mayor
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ATTEST:
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Cit Clerk
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28
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
o Preliminary Draft 0 Revised Draft ~
Final Submittal
Requested City Commission
Meeting Dates
D December 3, 1996
D December 17,1996
D January 7,1997
D January 21,1997
Date Final Form Must be Turned
into City Manager's Office
November 25, 1996
January IS, 1997
Requested City Commission
Meeting Dates
D February 4, 1997
D February 18, 1997
D March 4, 1997
~ March 18, 1997
Date Final Form Must be
Turned into City Manager's
January 29, 1997
December II, 1996
February 12, 1997
December 30, 1996
February 29, 1997
March 12, 1997
NATURE OF
AGENDA ITEM
D Administration D Consent
D Bid 111 Public Hearing
D Legal 0 Unfinished Business
D Presentation
D New Business
D Other
DESCRIPTION OF
AGENDA ITEM (attach additional sheets and supporting documentation if necessary)
Project:
Agent:
Owner:
Location:
PolIo Tropical at Shoppes of Boynton
David S. Drobner, Esq.
Draper and Kramer of Florida, Inc.
Northeast comer of Congress Avenue and Quantum Boulevard
Request to abandon a portion of a 15 foot wide utility easement.
Description:
RECOMMENDATION
The Planning and Development Board, with a 7-0 vote, recommends approval subject to all
staff comments in Exhibit "E" - Conditions of Approval (see attached Planning and Zoning
Department Memorandum No. 97-092).
~ ~
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City Manager's Signature
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MINUTES
PLANNING AND DEVr )PMENT BOARD
BOYNTON BEACH, FLORIDA
MARCH 11, 1997
homeowner is going to pay taxes on the land that is under the sign. If a car hits that
sign, the homeowner has to fix that sign. That sign is owned by that homeowner
because it is on his land. That has to be common ground, and you cannot sell that
land. Also, the fee to hire a service to maintain the landscaping is going to be
horrendous. He inquired about the estimated monthly maintenance fee. Mr. Spirato
estimated it to be $77. Chairman Dube pointed out that unless there is a guard at the
gate, you do not have a secured community because everybody knows that the gate
will open if you use 0911. If the people decide they want a guard service, the monthly
maintenance fee will be $200. Also, the easement runs through the northern cul-de-
sac. The site plan does not agree with the plat plan. There are 15 parking spaces at
the pool on the site plan, but there are only 10 on the plat plan.
Mr. Kruger advised that a separate site plan submittal for the rec area has been
submitted for staff's review. Chairman Dube advised that the applicant has to come up
with 15 parking spaces on the rec plan when it is submitted.
Mr. Aguila requested that no cypress mulch be used. Instead, he wanted organic,
Eucalyptus, or melaleuca chips used. Mr. Kruger agreed to this condition.
Motion
Mr. Aguila moved to approve the request for site plan approval to install perimeter
buffer landscaping, security gates, and project signage for the 14.05 acre, 83 unit
single-family detached home residential development called Crystal Key at Woolbright
Place PUD subject to all staff comments and the following additional comment: No
cypress mulch to be used on this project, but organic wood chips, or Eucalyptus, or
melaleuca or some sort of wood chip be used for mulch, and that no reduction in size or
quantity from the previously approved buffer landscaping material be considered.
Mr. Wische seconded the motion, which carried 7-0.
For the record, Mr. Aguila stated that Mr. Spirato confirmed that there will be chain link
on all four sides of the property.
B. Other
Abandonment
1.
Project:
Agent:
Owner:
Pallo Tropical at Shoppe. of Boynton
David S. Drobner, Esq.
Draper and Kramer of Florida, Inc.
8
~
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MARCH 11, 1997
Location: Northeast corner of Congress Avenue and Quantum
Boulevard
Description: . Abandonment of a portion of a 15 foot wide utility easement.
The applicant was not present. Mr. Lewicki corrected the staff report. It states that
Polio Tropical is located on the northwest corner of Congress Avenue and Quantum
Boulevard. It should state "northeasf'. Also, comment 2 on Exhibit E should state
"Florida Power and Light", not "Florida Public Utility".
Motion
Mr. Aguila moved approval to abandon a portion of this 15 foot wide utility easement,
subject to staff comments and the corrections made by Mr. Lewicki.
Mr. Reed seconded the motion, which carried 7-0.
8. COMMENTS BY MEMBERS
Chairman Dube advised that this is Mr. Elsner's last meeting, and he is not going to
reapply to sit on this board.
9. ADJOURNMENT
There being no further business to come before the board, the meeting was adjourned
at 8:03 p.m.
.-/~
L 70.
/
Eve Eubanks
Recording Secretary
(One Tape)
9
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MINUTES
PLANNING AND DEVEU MENT BOARD
BOYNTON BEACH, FLORIDA
"
MARCH 11,1997
Motion
Mr. Wische moved to approve the minutes of the February 11, 1997 meeting as
submitted. Ms. Frazier seconded the motion, which carried 6-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Report from Planning and Zoning Department
1. Final disposition of last meetin 's agenda items
Ms. Heyden reported that t Food Court at Shoppes of Woolbright nd Discount Auto
at Shoppes of Woolbright applications een approved y e City Commission
and will not come back to this board.
At this time, Mr. Rosenstock arrived.
. With regard to Discount Auto, the applicant agreed to use a mansard roof on three
sides of the building and changed the finish of it from a shiny metal to a mat finish.
With regard to the west, north, and south elevations, the applicant agreed to split the
concrete block and put in three windows (a minimum of two feet by four feet) on each of
these elevations. However, he did not agree to the insets or any kind of vertical
elements to break up the wall. He agreed to coordinate the landscaping of the three
parcels (Burger King, Discount Auto, and Food Court). He did not agree to change the
color of the building. No temporary COs will be issued, and the variance was approved
by the Board of Zoning Appeals.
With regard to Food Court, the applicant lowered. the height of the building and changed
the color of the roof and building. A small three foot parapet was wrapped around the
top of the roof and there was signage on it. Our sign Code does not allow roof top
signs. However, the City Commission determined that this was a sign on the side of the
parapet and allowed it. On the north elevation, the applicant is going to put in glass
block windows and control joints on all sides. Everything pertaining to the landscaping
was postponed until the time of CO. No temporary COs will be issued.
Ms: Frazier inquired about the traffic study. Ms. Heyden advised that she has not heard
from the County yet. Ms. Frazier pOinted out that there is a lot of traffic on that road
already, and Burger King and Discount Auto are not even open yet. Ms. Heyden
advised that that road is supposedly designed to handle that traffic.
2
MINUTES
PLANNING AND DEVE....~PMENT BOARD
BOYNTON BEACH, FLORIDA
MARCH 11, 1997
Mr. Aguila referred to the .landscaping across the street from Racetrac and Cracker
Barrel, the outparcels, the landscaping that leads towards Home Depot, and the
landscaping around the lake and advised that it is not being maintained and some of it
has died.
Ms. Heyden advised that we have been trying to get the landscaping of the lake and of
the buffer that abuts Leisureville in for years. Mr. Morton put it in; however, he did not
get a permit to do it. So it has not been inspected and it has not been maintained. As
time goes on, Mr. Morton is selling off these parcels to other people and now they are
responsible for the landscaping.
Mr. Aguila stated that the landscaping at the Home Depot has died and has not been
replaced. Also, the trees within the right-of-way along 8th have no leaves. Ms. Heyden
advised that landscaping that is on a parcel that is not being maintained can be turned
over to Code Enforcement.
Mr. Aguila pointed out that there is no such thing as a temporary CO; however, there is
a conditional CO. Ms Heyden advised that no conditional COs will be issued.
6. OLD BUSINESS
None.
7. NEW BUSINESS
A. Site Plans
New Site Plan
Location:
Crystal Key at Woolbright Place PUD
Kenneth H. Kruger, P.E.
Kennedy Homes
East side of S.W. 8th Street, approximately 2,200 feet north of
Woolbright Road
Description: Request for site plan approval to install perimeter buffer
landscaping, security gates and project signage for the 14.05 acre, 83 unit
single-family detached home residential development.
Project:
Agent:
Owner:
3
7.B.l
ABANDONMENT
POLLO TROPICAL AT SHOPPES OF BOYNTON
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 97-081
FROM:
Chairman and Members
Planning and Development Board
Tambri J. Heyden, AICP J1j91
Planning and Zoning Director
TO:
DA TE:
March 11,1997
SUBJECT: Polio Tropical at Shoppes of Boynton
ABAN 96-005 (utility easement abandonment)
NATURE OF REQUEST
David Drobner of Katz, Barron, Squitero, Faust & Berman Attorneys at Law, agent for
Draper and Kramer of Florida, Inc., the owner of Shoppes of Boynton, is requesting
abandonment of a utility easement located within the Shoppes of Boynton shopping
center at the Polio Tropical restaurant site. Polio Tropical is located at the northwest
corner of Congress Avenue and Quantum Boulevard (see attached Exhibit "A" - a
location map, Exhibit "B" - the approved site plan of the restaurant that shows the
easement on the site and Exhibit "C" - legal descriptions and surveys of the proposed
abandonment and the new easement).
BACKGROUND
The need to abandon and relocate the existing utility easement emerged when the site
plan for the Polio Tropical restaurant was presented for City approval. The proposed
restaurant building was in conflict with an existing 6" water main. It was determined
during the site plan review process, that the easement would need to be abandoned
and relocated to another location that would not be in conflict with the proposed
construction. The applicant relocated the water main and subsequently recorded the
new easement dedicated to the city. At the time of site plan approval, the applicant was
directed to abandon the existing utility easement, as the need for it ceased with the
relocation of the underground water lines.
ANALYSIS
The applicant's reasons for filing this abandonment and the grounds that support the
request are included in the attached Exhibit "D" - Application. The city departments
involved in the review of the request for abandonment and the utility companies notified
of the request are identified below. Public notice was given to the property owners that
abut the subject easement and notice has been advertised in the newspaper. The
utility companies and the city departments' responses to the abandonment request are
as follows:
CITY DEPARTMENTS
Engineering
No objection (verbal response)
Utilities
See Exhibit "E"
Planning and Zoning
See Exhibit "E"
PUBLIC UTILITY COMPANIES
I
Page 2
Memorandum #97-081
ABAN 96-005
Florida Power and Light
No response
Bell South
No objection
Florida Public Utilities Company -
No objection
Cable Company
No objection
The following is a description of the land uses and zoning districts of the properties that
surround the subject request (see Exhibit "A" - location Map).
North -
lWDD Canal l-21 right-of-way
East -
Quantum Corporate Park, zoned PID
South-
Motorola, zoned PID
West -
Congress Avenue right-of-way and farther west is the Congress
lakes PUD.
RECOMMENDATION
Staff recommends approval of this abandonment, subject to the attached Exhibit "E" -
Conditions of Approval. These conditions will need to be addressed prior to the City
Commission adoption of the resolution approving the abandonment. With respect to
the Utility Department's comments, this is a recommendation to thoroughly clean up the
unused easement and to prevent problems that could arise if future construction is
proposed in this area.
T JH:dim
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NEW EASEMENT
~i~1f]~il{ilti~ EASEMENT TO BE ABANDONED
b
EXHIBIT "C"
1