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LEGAL APPROVAL . 1"f:GAIJ APPROlf AI" DOCU)\fENT.4; .. MINUTES - REGULAR CITY ~~ISSION MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 20. 1994 workshop was the transfer of e dollars from the compens the Legal Labor Contingeaccount to address the PB Vice Mayor Matson fiscally respon manage the Ci The mot dissenting ".....-... ported the City Manager her efforts to ke ~e-city e. She believes the Manager should be alone to adjustment to 3-2. Mayor anmening and Commissioner Katz cast the - The Vinings at Boynton Beacb CCl Consultants, Inc. Howard Scharlin, Trustee East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road Abandonment: Request for abandonment of a 20 foot wide drainage easement located near the southwest corner of the property. Richard Wohlfarth of CCl Consultants represented the applicant. B. Project Name: Agent: Owner: location: Description: Tambr1 Heyden, Planning and Zoning Director, used the overhead projector during her presentation. She advised that this is a request for abandonment of a 20 foot wide drainage easement located northeast ~f the southwest corner of S. w. 8th Street and Morton's Way. She said there are facilities within the utility easement that will have to be relocated. They will be relocated within Morton1s Way and S. W. 8th Street. The Planning and Dlvelopment Board unanimously recom- . mended approval of this request, subject to staff comments. Their motion also included a recommendation that the City Attorney prepare an agreement to ensure the enforcement of conditions stated in the applicant's letter regarding their comm1,tment to relocate the drainage facilities. Unless the City Attorney feels this is necessary. Ms. Heyden feels we have the leverage to ensure this is done because the resolution will not be placed before the Commission unless that work is done. Attorney Cherof felt that was sufficient leverage. Mayor Hanmening agreed. ".,."" , If approved tonight, Mayor Hanmen1ng asked what provision was made to ensure that the new replacement drainage is in place and acceptable before the abandon- ment becomes a matter of record. Mr. Wohlfarth said he is in total agreement with City staff and has agreed that the actual document to release the easement in question will not be executed by the City until such time as the drainage line is in place and accepted by City staff. Only after the improvement has been accepted by the City will that easement actually be released to him. Commissioner Aguila asked if this includes new easement dedication, if necessary. Mr. Wohlfarth said if any additional easements are required, he will have those dedicated prior to the easement being executed for release. No one wished to speak in favor of or in opposition to this proposed abandon- ment. Therefore, Mayor Hanmening declared the public hearing closed. - 16 - MINUTES - REGULAR CITY ~~ISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20. 1994 Motion Commissioner Aguila moved to approve the applicant's request for abandonment of a 20 foot wide drainage easement located northeast of the southwest corner of S. W. 8th Street and Morton's Way. Commissioner Katz seconded the motion, which carried 5-0. Miami Subs G American itrave International David zkal Nor ast corner of Plaza Lane an parcel "AII of Boynton Lake aza) ondit1onal Use: Request f conditional use approval to construct a 2,934 squ foot drive through restaurant. C. Project Name: Agent: Owner: Location: Ms. Heyden sta ij that this request was mad y David Daszkal for conditional use approval or a 2,934 square foot driv . through restaurant, to be known as Miami Sub rill to be located on outp~fel IIAII of Boynton Lakes Plaza (the northea corner of Plaza Lane and Co~~ess Avenue). Although utilities, parki ,drainage and landscaPi~.9 f the outparcel were installed during co ruction of the main shoppin enter building, several changes to these rovements are necessitated ~ accommodate the drive through facility. It is mportant to remember that pfve through facilities are not a p . use in this zoning district (C-3 nless the various Code standard r evaluating con- ditional uses can be me These standards include site n review, regardless of whether a parcel re ived site plan review previou . The standards of par- ticular concern with. rive through facilities, as 1 as this drive through facility, are ingr, s and egress. parking and 1 ing. refuse. buffering, and compatibility wi adjacent properties. This. tparcel does not have its own access. It rel . s on a cross access agre, t with the shopping center. There are two entra es to the outparcel. One off of Plaza Lane and the other is off of Congr s Avenue. The Engineeri Department, the Planning and Zoning Department and the Police Departmen,/ recornnend that the proposed outparcel entrance closed because this~ness is within twenty-five feet o~the shoppin center entrance off of aza Lane and this driveway is heavily used. There ve been problems withrC rs as well as delivery trucks parking in that area nd blocking access. addition, due to the limited stacking area, it is an cipated that cars may 'ck up into Plaza Lane, waiting to make a left turn i 0 the outparcel. St believes that this ingress/egress/'in connection with the drive through, wo worsen the current situation. Of-'the two outparcel entrances proposed. is would be the one most used. :yJ .. , that a hairpin turn has been ~esigned entering the drive through so tha f a car enters the outparcel ~ire and wants to enter the drive through lane hey would be making a hairpi 'urn. which, because of its radius, cannot be ~e in one maneuver. Staff be ves that closing this entrance pro- vides adequate access to the outparcel ~ encourages safer traffic flow to it. Regarding parking and loading are . there are 668 parking spaces that would be available to serve this outparc and the rest of the shopping center. This - 17 - ...,.~ MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA APRIL 4, 1995 3. Proposed Resolution No. R95-57 Re: Release of Surety for the construction of water and sewer improvements - Marriott Brighton Gardens City Attorney Cherof read Proposed Resolution No. R95-57 by title only. Motion Vice Mayor Bradley moved to approve Proposed Resolution No. R95-57. Commissioner Rosen seconded the motion which carried 4-0. 4. Proposed Resolution No. R9S-S8 Re~ Abandonment of drainage easement at the Vinings PUD City Attorney Cherof read Proposed Resolution No. R95-58 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R95-58. Commissioner Rosen seconded the motion which carried 4-0. 5. Proposed Resolution No. R9S-S9 Re: Appoint representative and alternate to Palm Beach County Municipal League City Attorney Cherof read Proposed Resolution No. R95-59 by title only. Motion Vice Mayor Bradley moved to appoint Mayor Pro Tem Matson as the representative and Commissioner Jaskiewicz as the alternate to the Palm Beach County Municipal League. Commissioner Rosen seconded the motion which carried 4-0. 6. Proposed Resolution No. R95-60 Re: Appoint representative and alternate to the Metropolitan Planning Organization City Attorney Cherof read Proposed Resolution No. R95-60 by title only. Motion Commissioner Rgsen moved to appoint Vice Mayor Bradley as the representative and Mayor Taylor as the alternate to the Metropolitan Planning Organization. Commissioner Jaskiewicz seconded the motion which carried 4-0. 7. Proposed Resolution No. R9S-61 Re: Appoint representative and alternate to Coalition of Boynton West Residential Association City Attorney Cherof read Proposed Resolution No. R95-61 by title only. - 18 - MINUTES _ PLANNING AND DEVELOPMENT BOARD MEETING ,// BOVNTlllI BEACH. FLORIDA /' SEPTEMBER 13. 1994 ,./ ./ 1. palm walk condItIonal Use - ThiS,~LF was approved su~ct to staff comments and with two additionai remarks. The city~mmiSsion requested gates on the dumpster. HoweN'er, there will be n~umpster. There will be can pickuP wi th a dump/fer enc I osu re. The )>€,gh t reduct ion, wh i ch was recorrrnended by staff, '9'$ not approved. /' ,/ y/ 2. Palm walk _ cammun}tY DesIgn Plan Appee~- ThiS Item was approved ~~~n~~~.Ci ty C7sslon endorsed th~anning & Devel opment /B.~ard is 3. Vlnlngs _ E eptlon to PlattlR9v~hlS Item was approv~'~~ sub- m; tted. /' /' ,? Ms. Heyden as ed for Input from ~ Board on her new p~tlce of mailing inform- ation packa s when Board member c~re on vacation. )'lssrs. Golden and Walsh f e 1 t th i s a s a very good ide '; Cha I rma n Leh ne rtzA'ecommended that membe r s advISe te Planning and zonj g Department'7sw.e.-J as the City Clerk's Office, when ty will be on vac t n so that staff knS whether or not to mail the pack s. ' ... .' o BUSINESS - NEW BUSINESS - A. PUBLIC HEARING ABMOQNMENT The Vinings at Boynton Beach CCl Consultants, Inc. Howard Scharlin, Trustee East side of SW 8th street, approximatelY 1,400 feet north of Woolbright Road Request for abandonment of a 20' wide drainage easement located near the southwest corner of the property. Mr. Haag made the presentation. A locator map was used to display the area which Is located In the Woolbright Place PUD. This will be an apartment complex consisting of 54B units, The drainage easement Is approximatelY 203' long and 20' wide. 1. project Name: Agent: Owner: location: Description: ThiS drainage easement was created when Home Depot, located In the Shoppes of Woolbright PCD, was established. The drainage from that project workS Its way onto thiS project. The stormwater Is ultimatelY discharged Into a lake. When the site Is developed, there will be buildings In the location of the easement. The applicant will reroute the drainage so that it will connect Into the existing infrastructure located under SW 8th Street. '..- s and the Planning and zoning Departments are In favor of thiS for aba donment. One condition, recommended by staff, requests , ~ on doptlng t~e abandonment of the drainage easement not be '~~Igned by the CI y COmmission until after the Infrastructure Is In place and "wort~ tQllltrt the drainage off tHe property, The city Engineer is In agreement with this condition. The applicant has agreed with the stipulation. ? ---. MINUTES - PLANNING AND D~~lOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA -----.. SEPTEMBER 13. 1994 Staff recommends approval of the request for abandonment, subject to the con- dition requested. In response to Mr. Rosenstock's question, Mr. Haag advised that Page 7 of the back-up material is a memorandum from Mr. Wohlfarth to the City Engineer dated August 26, 1994, wherein he agrees that the abandonment will not be adopted until the Resolution is signed. They will have all infrastructure in place before that signing. Mr. Rosenstock suggested that the City Attorney submit a fonn which satisfies his legal requirements for the fulfillment of that request other than just this unsigned memorandum. Richard Wohlfarth. CCl Consultants. represented the applicant. With regard to the comments made at this meeting, the applicant is in total agreement with the request. He stated they have agreed with the City, and they fully understand that the easement will not be released until the improvements are in place. This was worked out with the Public Works Director. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Mr. Walsh moved that we go ahead with this recommendation to the City Commission based upon the preparation of the necessary legal document to satisfy all par- ties concerned and protect our interest in the future when this project does get underway, subject to all staff comments. Mr. Golden seconded the motion, which carried unanimously. - CONDITIONAL USE //~ ///",// // - ~ ~~. 2. Project Name: /,M1.1 Subs Gr111 / Agent:/'" American Architrav~rhternational Owner: David Daszka 1 ,// Locatio~/ Northeast cor~r of Plaza Lane and Congress // Avenue - ~tparcel "AN of Boynton Lakes Pl a::ta) De~,efiption: Reques?(or conditional use approval to/J:e11struct / a 2, 4 square foot drive-through r~urant // /'~/ ./ Mr. Haag Fade the presenta on. This outparcel is to 'west of Walgreen's locate within Boynton L es Plaza. The abutting z, ng districts and uses are: (1) e shopptng center to the east; (2) directl'orth is the ingress/egress to the shopping center, nd north of that is ano 'r vacant outparcel and then the M 11 Gas Station; ) west, across Congre$ "Avenue, is Meadows Square; (4) outh of the sit~ s Plaza Lane and a v~ nt parcel proposed for townhouse con- struction. ;7'7 / Using an ov lay of the site, Mr.~aag pointed out that this site was subdivided from the t al shopping center~~'It was built as one total shopping center site; therefor, many improvements~ere made to this property. Parking spaces were in place: here was a Curbej#pad where the building was proposed. This site was site an approved wh~he shopping center went through. They anticipated the buiY ing on this outparcel to be 3,300 square feet. This request is for a 2,934 square foot drive-through restaurant. - 3 - REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal Advertisement published and must be submitted to the Office of the city Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Plannina and Zonina Department PREPARED BY: Michael E. Haaa DATE PREPARED:Auaust 9, 1994 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment for a drainaae easement located in woolbriaht Place PUD near the southwest corner. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, section Placement, Black Border, etc.) standard Leaal Ad SEND COPIES OF AD TO: Newspaper, adioinina property owners, and applicant. NEWSPAPER(S) TO PUBLISH: DATE(S) TO BE PUBLISHED: To be determined bY eity Clerk To be determined by City elerk APPROVED..!T' ~ ~~ ( 1 ) (Department~ad) ~hf- I -(Date) ( 2 ) (City Attorney) (Date) ( 3 ) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: A:legalnot.809 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the planning and Development Board of the CITY OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, on Tuesday, September 13, 1994, at 7:00 p.m. to consider an application submitted by CCL Consultants, Inc., agent for Howard Scharlin, Trustee, for owners of THE VININGS AT BOYNTON BEACH to abandon a drainage easement located in WOOLBRIGHT PLACE PUD near the southwest corner of the site, more particularly described as follows: Legal Description: Drainage Easement The 20 foot drainage easement at the southwest corner of Tract C, Woolbright Place Plat 1, according to the plat thereof as recorded in Plat Book 67, Pages 47 through 49, Public Records, Palm Beach county, Florida, being more particularly described as follows: Commence at the southwest corner of said Tract C; thence north 49031'18" west along the easterly line of said Tract C for 40.18 feet to a point on a curve, said point bears north 82031' 1211 east to the radius point of the next described curve; thence northwesterly along a circular curve to the right, having a radius of 1441.26 feet, a central angle of 05032'01", for an arc distance of 139.20 feet to the point of beginning and a point on the west line of said Tract C and centerline of said 20 foot drainage easement, said easement lying 10 feet on each side of and adjoining the following described centerline; thence south 69025'05" west for 203.97 feet to the point of terminus. ALSO A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION AT CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON TUESDAY, september 20, 1994, AT 7:00 P.M., OR AS SOON THEREAFTER AS THE AGENDA PERMITS, ON THE ABOVE REQUEST. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of 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. A:legalpub.JJ