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LEGAL APPROVAL MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 were made in two weeks. Vice Mayor Jaskiewicz commended the Police Department and recommended this program for the entire City. Mayor Taylor hoped more neighborhoods would get involved in this program. He felt this program is effective and makes people feel a lot safer. B. Presentations 1. Proclamation - Veterans' Day. November 11,1996 Mayor Taylor read a proclamation declaring November 11, 1996 V.eierans' Day and presented it to Gerald Levine. Mayor Taylor stated that last year, n ~was brought to our attention that there are some veterans' graves in the City cemetery that do not have markers. Our Cemetery Board is identifying those graves, and we are going to make sure that they are marked appropriately in the very near future. Mr. Levine thanked the Commission for the proclamation and invited everyone to the Veterans' Day program this year which is going to be held on Sunday at 2:00 p.m. at the Jaycee Park in Boynton Beach. All the posts will be there representing all veterans from the Boynton area. After the program at 2:00 p.m., there is going to be a concert by the Gold Coast Orchestra and a barbecue for those who attend the program. Mr. Levine appreciated Mayor Taylor's efforts regarding the unmarked graves. V. BIDS None. VI. PUBLIC HEARING Description: Jonathan's Grove Kent Ewing, Ewing and Shirley, Inc. Jonathan's Grove Homeowners' Association East of Lawrence Road, approximately 800 feet south of Hypoluxo Road Abandonment - Request to abandon a 10 foot wide portion of a buffer wall, drainage and landscape easement located in the rear yards of lots 1 through 15, and 18 through 32 of Jonathan's Grove. A. Project: Agent: Owner: Location: II MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA NOVEMBER 6, 1996 Mayor Taylor advised that the applicant requested that this request be withdrawn. It was the consensus of the Commission to allow this request to be withdrawn. Description: Rlverwalk Shopping Plaza alkla Causeway Shopping Center Lee Starkey, The Starkey Group Riverwalk Plaza Joint Venture Southeast corner of U.S. Highway #1 and S.E. 15th Avenue/Woolbright Road Abandonment - Request to abandon a 10 foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store. A. Project: Agent: Owner: Location: Neither the agent, staff, or the public wished to address this item. Motion Commissioner Titcomb moved to approve the abandonment request to abandon a 10 foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store, upon staff recommendation. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. 1. Proposed Resolution No. R96-167 Re: Abandonment of a 10 foot wide utiUty easement - Riverwalk Shopping Plaza Attorney Cherof read proposed Resolution No. R96.167 by title only. Motion Vice Mayor Jaskiewicz moved to approve proposed Resolution No. R96-167. Commissioner Titcomb seconded the motion, which carried 5-0. VII. PUBUC AUDIENCE Conrad McEwen, 917 S.W. 38th Court, thanked the City for the paving work that is being done in his neighborhood. However, 34th Court and 38th Court are very dark and need street lights. He said today he requested that the Police Department do a survey of his street. The whole east side of the Lake Eden area has no street lights. He asked the 12 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA NOVEMBER 12. 1996 .----'--- / ~~.! ~. Flowers Bakery Warehouse/Distribution Center Abandonment - The City Commission approved this subject to staff comments. . Riverwalk Shopping Plaza Abandonment ' The City Commission approved this subject to staff comments. . Jonathan's Grove Abandonment - The applicant tried to address the drainage issue by certifying that the drainage could still be handled within a reduced easement width. However, he withdrew the application. 6. OLD BUSINESS A. Public Hearing Rezoning (Postponed from October 8,1996) East Ridge PUD W. Keith Grant John A. Grant, Jr., Inc. Gary De Graf De Graf, Inc. East side of the intersection of N.E. 4th Street and N.E. 20th Avenue Request for master plan approval for 33 single-family units in connection with a rezoning of 5.01 acres from R,3 to PUD (Planned Unit Development) with a Land Use Intensity of 7.00. W. Keith Grant with John A. Grant, Jr. Engineers and Land Surveyors. and Gary De Graf, the owner and developer of the property, were present. 1. Project: Agent: Owner: Location: Description: Mr. Aguila referred to Comment 21 and said the 2'6" is width of the buffer, not height of the buffer. He asked if Mr. Lewicki is suggesting that there be a buffer between the railroad and the development. Mr. Lewicki answered affirmatively and said he is suggesting there be a 6' high buffer. Mr. Aguila pointed out that this is not what Comment 21 states. Comment 21 assumes that the 2'6" is a height. Mr. Lewicki suggested eliminating the word "increased" so that the comment reads, "It is recommended that. . . the height of the 3 :\n~t;TES PL..\~~I~G AND DE\'ELOP'\IE~T BOARD BOY~TO~ BEACH, FLORIDA OCTOBER 8. 1996 Description: Jonathan's Grove Kent Ewing Ewing and Shirley, Inc. Jonathan's Grove Homeowners' Association East of Lawrence Road, approximately 800 feet south of Hypoluxo Road Request to abandon a ten foot wide portion of a buffer wall, drainage and landscape easement located in the rear yards of lots 1 through 15, and 18 through 32 of Jonathan's Grove, 3. Project: Agent: Owner: Location: Mr. Aguila stated that if this is going to drain properly, he did not have a problem with this request. Mr. Ewing, agent for the owners of this property, stated that there should not be a problem certifying the landscaping. He is currently working with the engineer to come up with the drainage calculations that are required and will submit them to the City Engineer as soon as he receives them. Mr. Aguila asked Mr. Ewing if he accepts the fact that this request will be denied if he is not able to find a solution to the drainage problem. Mr. Ewing accepted that, unless there is a way that it could be reduced. He said prospective buyers and current owners have expressed interest in having amenities in their backyards, The drainage easement/landscape easement is a storage area for drainage on site. There are no pipes in the area, and where the drainage leaves the street and goes into these areas, we have left those in tact. Chairman Dube referred to comment 1.c and pointed out that a great deal of time was already spent on negotiating this, Mr. Ewing stated that the engineer that was involved with that is taking care of the calculations at this time. Chairman Dube felt a lot was given up at that time. Mr. Ewing did not want to take away from the engineering that was done for the project. He said he will do everything he can to make sure it works properly. Chairman Dube pointed out that when each owner bought their property, they knew what they were buying and they knew they could not have these things. Mr. Ewing stated that these houses take up a lot of the lot and in some cases, there is only 15 or 16 feet from the house to the easement. Some people want to build a pool, but there is not enough room. Mr. Aguila felt people will have a very hard time putting pools in because of the location of the utility easements. Mr. Ewing stated that doing away with 10 feet of these easements 2\ \lINCTES PLA:"i"iI:"iG AND DEYELOP\IE:"iT BOARD BOY:"iTO-'; BEACH, FLORIDA OCTOBER 8,1996 does not put them anywhere near utility easements. They still would be quite a distance from any utility easements. Mr. Aguila advised that the Nater line clearance to the overhead lines will cause a problem. Mr. Ewing stated there will be better than 15 feet from the easement line to the water line. There is a 13 foot utility easement along the south line. Mr. Aguila pointed out that there is a 15 foot utility easement on the north line. Mr. Ewing advised that the easement he wants to abandon is 10 feet away from that easement. Motion Chairman Dube passed the gavel to Mr. Aguila and moved to deny the request to abandon a 10 foot wide portion of a buffer wall. drainage and landscape easement located in the rear yards of lots 1 through 5, and 18 through 32 of Jonathan's Grove. Ms. Frazier seconded the motion. Mr. Ewing asked if he could withdraw this request and bring it back at a later date. Ms. Heyden advised him that this is a recommendation and that he has between now and November 6th to work out the problems with the landscaping and drainage. The motion carried 6.0. Description: Riverwalk Shopping Plaza a/k1a Causeway Shopping Center Lee Starkey The Starkey Group Riverwalk Plaza Joint Venture Southeast corner of U.S. Highway #1 and S.E. 15th Avenue/Woolbright Road Request to abandon a ten foot wide utility easement in connection with the proposed expansion of the Winn- Dixie Store. 4. Project: Agent: Owner: Location: Motion Mr. Aguila moved to approve this request to abandon a ten foot wide utility easement in connection with the proposed expansion of the Winn-Dixie Store, subject to staff comments. Mr. Wische seconded the motion, which carried 6-0. 22 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the ON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSI CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Wednesday November 6, 1996 at 7:00 p.m. to consider an application submitted by Ewing & Shirley, Inc., agent for Jonathan's Grove subdivision located on the east side of Lawrence Road, approximately aoo feet south of Hypoluxo Road, to abandon a ten (10) foot wide portion of a buffer wall, drainage and easement located in Jonathan's Grove subdivision, more particularly described as follows: The South 10 feet of that certain 20 foot Buffer Wall, Drainage and Landscape Easement lying on the following described lots in JONATHAN'S GROVE: Lots 1 through a, Lot 9 less the Easterly 5 feet thereof, Lot 10 less the Westerly 5 feet thereof and Lots 11 through 15, inclusive, JONA THANS GROVE, according to the plat thereof, as recorded in Plat Book 73, pages 15 and 16, public records, Palm Beach County, Florida; TOGETHER WITH the North 10 feet of that certain 30 foot Buffer Wall, Drainage and Landscape Easement lying on the following described lots: Lot 18, Lot 19 less the Westerly 5 feet thereof, Lot 20 less the Easterly 5 feet thereof, Lots 21 through 32, JONATHANS GROVE, according to the plat thereof, as recorded in Plat Book 73, pages 15 and 16, public records, Palm Beach County, Florida. 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 City Commission 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMCfAAE CITY CLERK (561) 375-6062 PUBLISH: THE POST OCTOBER 17, 1996 c: City Manager, City Attorney, City Commission, Planning, Files PLANNING AND ZONING DEPARTMENT MEMORANDUM #96-473 FROM: Sue Kruse City Clerk ~~~lL Tambri J. Heyden, AICP "7 W Planning and Zoning Direc or TO: DATE: October 1, 1996 RE: Jonathan's Grove - ABAN 96-004 Abandonment of a portion of buffer wall, drainage and landscape easement. Accompanying this memorandum you will find two (2) copies of the application and related documents for the above-referenced abandonment application. The $500.00 application fee for staff processing and review has been forwarded to the Finance Department. The legal advertisement for this request has been prepared for the November 6, 1996 City Commission Public Hearing and will be forwarded to your office after review by the City Attorney and City Manager. In order for our department to meet the deadline for preparing Planning and Development Board agenda materials for this request, comments from staff and the various concerned parties must be received by our office by October 3, 1996. Please inform staff of this time frame when distributing copies of this request for comment. If easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank you. T JH:bme a:lgIJONAT.wpd 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: Planning and Zoning Department PREPARED BY: Jerzy Lewicki DATE PREPARED: October 1.1996 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of ten (10) feet of a buffer wall. drainage and landscape easement along both the north and south portions of Jonathan's Grove subdivision. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Legal Ad for the City Commission meeting of November 6. 1996 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper. adioining property owners. applicant and Planning and Zoning Director. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by City Clerk APPROVED BY: r-- . ~ (1) J~ ~~ (Department Head) IPjr h~ , (Date) (2) (City Attorney) (Date) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: a:lgtjonat.wpd NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Wednesday November 6, 1996 at 7:00 p.m. to consider an application submitted by Ewing & Shirley, Inc., agent for Jonathan's Grove subdivision located on the east side of Lawrence Road, approximately 800 feet south of Hypoluxo Road, to abandon a ten (10) foot wide portion of a buffer wall, drainage and easement located in Jonathan's Grove subdivision, more particularly described as follows: The South 10 feet of that certain 20 foot Buffer Wall, Drainage and Landscape Easement lying on the following described lots in JONATHAN'S GROVE: Lots 1 through 8, Lot 9 less the Easterly 5 feet thereof, Lot 10 less the Westerly 5 feet thereof and Lots 11 through 15. inclusive, JONA THANS GROVE, according to the plat thereof, as recorded in Plat Book 73, pages 15 and 16, public records, Palm Beach County, Florida; TOGETHER WITH the North 10 feet of that certain 30 foot Buffer Wall, Drainage and Landscape Easement lying on the following described lots: Lot 18, Lot 19 less the Westerly 5 feet thereof, Lot 20 less the Easterly 5 feet thereof, Lots 21 through 32, JONATHANS GROVE, according to the plat thereof, as recorded in Plat Book 73, pages 15 and 16, public records, Palm Beach County, Florida. 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 City Commission 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (561) 375-6062 a:Jgljonat.wpd PLANNING AND ZONING DEPARTMENT MEMORANDUM #96-473 TO: Sue Kruse City Clerk G' . r Tambri J. Heyden, AICP . }.P~ Planning and Zoning Director~ e~- FROM: DATE: September 30, 1996 RE: Jonathan's Grove - ABAN 96-004 Abandonment of a portion of buffer wall, drainage and landscape easement. Accompanying this memorandum you will find two (2) copies of the application and related documents for the above-referenced abandonment application. The $500.00 application fee for staff processing and review has been forwarded to the Finance Department. There is an error in attachment "C" of the application (list of abutting property owners) that is being corrected by the applicant. Therefore, attachment "C" has not been forwarded to you at this time. The corrected list, as well as envelopes with postage and mailing labels on them, are to be received tomorrow and will be forwarded to you immediately. A legal advertisement for same has been prepared for the October 15, 1996 City Commission Public Hearing and will be forwarded to your office after review by the City Attorney and City Manager. In order for our department to meet the deadline for preparing Planning and Development Board agenda materials for this request, comments from staff and the various concerned parties must be received by our office by October 2, 1996. Please inform staff of this time frame when distributing copies of this request for comment. If easier, comments can be forwarded to you with a xerox copy transmitted to our office. Thank you. T JH:bme a:lgfJONATwpd 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: Planning and Zoning Department PREPARED BY: Jerzy Lewicki DATE PREPARED: September 30.1996 BRIEF DESCRIPTION OF NOTICE OR AD: Abandonment of ten (10) feet of a buffer wall drainage and landscape easement along both the north and south portions of Jonathan's Grove subdivision. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Legal Ad for the City Commission meeting of October 15 1996 at 7:00 p.m. SEND COPIES OF AD TO: Newspaper. adjoining orooerty owners. aoolicant and Planning and Zoning Director. NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk DATE(S) TO BE PUBLISHED: To be determined by Citv Clerk APPROVED BY: /J~~ (1)~~ t ep ment Head) (Date) (2) (City Attorney) (Date) (3) (City Manager) (Date) RECEIVED BY CITY CLERK: COMPLETED: a:Jgljonat.wpd NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Commission of the CITY OF BOYNTON BEACH, FLORIDA, WILL CONDUCT A PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, October 15, 1996 at 7:00 p.m. to consider an application submitted by Ewing & Shirley, Inc., agent for Jonathan's Grove subdivision located on the east side of Lawrence Road, approximately SOD feet south of Hypoluxo Road, to abandon a ten (10) foot wide portion of a buffer wall, drainage and easement located in Jonathan's Grove subdivision, more particularly described as follows: The South 10 feet of that certain 20 foot Buffer Wall, Drainage and Landscape Easement lying on the following described lots in JONATHAN'S GROVE: Lots 1 through 8, Lot 9 less the Easterly 5 feet thereof, Lot 10 less the Westerly 5 feet thereof and Lots 11 through 15, inclusive, JONA THANS GROVE, according to the plat thereof, as recorded in Plat Book 73, pages 15 and 16, public records, Palm Beach County, Florida; TOGETHER WITH the North 10 feet of that certain 30 foot Buffer Wall, Drainage and Landscape Easement lying on the following described lots: Lot 1S, Lot 19 less the Westerly 5 feet thereof, Lot 20 less the Easterly 5 feet thereof, Lots 21 through 32, JONATHANS GROVE, according to the plat thereof, as recorded in Plat Book 73, pages 15 and 16, public records, Palm Beach County, Florida. 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 City Commission 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. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC1AAE CITY CLERK (561) 375-6062 a:fgljonatwpd EXHIBIT "E" Conditions of Approval Project name: Jonathan's Grove File number: ABAN 96-004 Reference: Buffer Wall. Drainage. and Landscaoe Easement Abandonment at Jonathan's Grove. Planning and Zoning DeRartment Memorandum No 96-506 I DEPARTMENTS I INCLUDE I REJECT I ENGINEERING Comments: 1. Denial of this request is recommended for the following reasons: a) The primary purpose of the easement is to accommodate drainage. No certificate has been submitted guaranteeing perpetual compliance with drainage requirements. b) Elimination of the easement would enable construction of patios, utility sheds, etc., each of which would impact drainage not only with respect to pervious areas, but also with respect to future maintenance of drainage over, and particularly under, the easement. c) The drainage easements were part of the overall negotiations with the Commission in which, among other things, the developer gained density and the City gained drainage improvements. The City need not renegotiate the zoning approval/conditions at this late date. UTILITIES r., . NO 'I. PLANNING AND ZONING Comments: 2. Provide landscape drawings of all lots indicating the location of the existing and proposed landscaping required to comply with the tree management plan for the Jonathan's Grove subdivision to verify whether the remaining landscape easement area is adequate to accommodate required trees. 3. Provide certification from a professional engineer (" ~"" wp..c;.. vl.<)\ licensed in the State of Florida that city and district 0-0 vV!-- . drainage requirements can be met within the ~'fl!esr wli''7 reduced drainage easement, accompanied by ~W\-Ov"'B- 10"1 revised drainage calculations. "'-of l>\\t:elVl"-, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. To be determined ADDITIONAL CITY COMMISSION CONDITIONS 5. To be determined. MEH/bme c:JONAT-GR.WPD \~