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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Buifdjng Planning & Zoning Engineering Occupational License Community Redevelopment February 12, 1999 Peter Browne 797 Chuckker Road Delray Beach, FL 33483 Re: FileNo.: Location: Peter Browne ABAN 98-006 125 SW 1st Ave. Dear Mr. Browne: Enclosed is the City of Boynton Beach Recorded Ordinance for abandonment approval granted on February 2, 1999. Should you have any questions regarding this matter, please feel free to contact this office at 561-742-6260. Sincerely, -I-L'. C -L- Michael W. Rumpf Acting Manager of Planning & Zoning MWR:ja J:\SHRDAT A\PLANNlNG\SHARED\wP\PROJECTSIBROWNE_PETER\ABAN\ORDINANCE NO 99 04DOCDOC America's Gateway to tile Gulfstream tOO East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida JJ425~031O Phone: (561) 375-6260 FAX: (561) 375-6259 ORDINANCE NO. cJ99-<1~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A CERTAIN EASEMENT SEGMENT, (LOCATED AT 125 SW 1 Sf AVENUE); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE AlTACHED DISCLAIMER BE RECORDED IN THE PUBUC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CON FUCTS, SEVERABILITY AND AN EFFECTIVE DATE. i! WHEREAS, the applicant, Peter Browne, property owner, has requested , i abandonment of a segment of an easement, located at 125 SW 1st Avenue; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, public hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said alley no longer I serves any useful purpose. II NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION I OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida ! by and through its City Commission does hereby abandon a segment of an I easement, located at 125 SW 1st Avenue, and more particularly described in i Exhibit "A", subject to utility easements to Boynton Beach Utilities Department, Florida Power & Light, Bell South and Comcast, included in the attached Conditions of Approval. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent II jurisdiction to be invalid, such decision shall not affect the remainder of this , " ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this.LL day of ...::7.4A/aA~f/ 1999. SECOND, FINAL READING AND PASSAGE this ~ day of ~RUI"IR'I . 1999. Mayor .t-.. ... "'-l J , ' "/ J.( L ~ l to r V. M / Ice ayor II II I, I I II , ~#~- ;p~~ Commissio W ~ Commissioner ATTEST: ~~~~~<-' Ci Clerk \,,\\1\1"I IIIIIIIII/, s:ca\~\~ I,>~ ~ 0 ..........~..., ~ $f ~ ..::QoRAr";~... " ~ - '0(" "'<>)...- '" It.. "0 ... '" :: 0 !tS = = iz :: :::,.. .- " '" ~ ':. '\..... n.'2-\J I ~ _.~ 4',,::/.. _ _ ~ - , 00." ~ ~ ..........,<:J ~ ~i//1. F L 0 ~ "",~ 111111/111111111\\ EXlIIBIT "e" Conditions of ApJlroval Project name: Peter Browne File number: ABAN 98-006 Reference: Abandonment aoolication dated Julv 24. 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X ..- FORESTERlENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. All utility easements acceptable to Boynton Beach Utilities Department, X F. P. & L., Bell South and Comcast are recorded prior to fmal approval. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. None X ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. MWRIdim J:\SHIU)"TA~WN'kOJECI'S\8kO\AllAMCOND. Of AJIPIU)QC " " EXHIBIT "A" i " That portion of a 20 foot wide alleyway lying northerly of and adjacent to lots #35 and #36, Block 12, bounded on the north by the southerly line of lots #10 and #11, Block 12, and bounded on the east by the northerly extension of the easterly line of Lot 36, Block 12, and bounded on the south by the northerly line of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights revised plat recorded in Plat Book 10, Page 64 of the Public Records of Palm . Beach County, Florida. II Ii I, , Page 2 Memorandum No. PZ 98-188 ABAN 98-004 Utilities No objection, subject to dedication of an eleven-foot easement along the south portion of the alley. Planning and Zoning No objection as long as conditions of approval are met. PUBLIC UTILITY COMPANIES Florida Power and Light No objection with the condition that a ten-foot utility easement centered over the existing distribution facilities be established. Bell South No objection, subject to dedication of a twelve foot utility easement for both buried and aerial cables. Florida Public Utilities Company No objection. Cable Company (Comcast Telemedia, and Adelphia) Comcast requires a ten foot utility easement. The following is a description of the zoning districts and land uses of the properties that surround the subject request (see Exhibit "B" - Site Plan). North - Residential property zoned R-1. East Residential property zoned R-2, farther east Seacrest Boulevard. South - Residential property zoned R-2. West - Residential property zoned R-2. RECOMMENDATION Staff recommends approval of this abandonment request, subject to conditions included in Exhibit "C" - Conditions of Approval. xc: Central File S:\Planning\SHARED\WP\PROJECTS\Brown - ABAN\staff report-Brownaband.doc MEMORANDUM TO: MIKE RUMPF ACTING DIRECTOR OF PLANNING AND ZONING FROM: SUE KRUSE, CITY CLERK DATE: MARCH 12, 1999 RE: ORDINANCE #099-04 Attached please find a copy of the above mentioned ordinance which was recorded in Palm Beach County on February 12. 1999. llf'~ ~ ,.-?, -' c: Development Engineering Abandonment Index Orig. in Ordinance Book j :Ishrdata Iccl wplmemoslrumpf.doc )'?~rg, ""....... --k~ Go"--'l " = "> /,? ~ "'.".... C"b...s r tJ1ie City of tJ3oynton tJ3eacfi ~ (II 100 'E. 'Boyntun 'Boo 'Boufevara P.O. 'B~310 'Boyntun 'Beadt., :Ff'orUfa 33425-0310 City Hall: (561) en J-"VVV 742.6060 :F9IX: (561) .1/:>-bU"U 742.6090 J Feb-12-199'3 02:45p. 99-060755 ORB 10930 Pg 1588 111111111111011111111111111111111111111111111111111' CERTIFICATION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that attached Ordinance #099-04 consisting of two (2) pages, Exhibit "A" consisting of (I) page, Exhibit "C" consisting of one (1) page and a map, is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 5th day of February, 1999. \\\11\\1111/1/1/11 ~:0"\~\ON e 1'1/% ,_::- ('\ ......... 1::'..., ~ : . .".'-"~'~' .,...~.. """ ~ ' ......")... \-' ~ . '. 1:. ~ " ~ ~~~~'- SU ANNE M. KRUSE, C C/ <\A.E City Clerk February 5, 1999 (SEAL) ~~".~.., 'l// ,;<' //1/'" 111/11111\\\\\'" ~nurial's (jauway to tfu (juifstream ORB 10930 Pg 1589 ORDINANCE NO. tJtjl9..::J'; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A CERTAIN EASEMENT SEGMENT, (LOCATED AT 125 SW 1ST AVENUE); SAID PROPERlY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. . WHEREAS, the applicant, Peter Browne, property owner, has requested I' ,I abandonment of a segment of an easement, located at 125 SW 1st Avenue; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, publiC hearings have been held before the City's. Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said alley no longer serves any useful purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida by and through its City Commission does hereby abandon a segment of an I' easement, located at 125 SW 1st Avenue, and more particularly described in Exhibit nAn, subject to utility easements to Boynton Beach Utilities Department, Florida Power & Light, Bell South and Comcast, included in the attached Conditions of Approval. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. All ordinances or parts of ordinances in conflict herewith be - - ORB 10930 Pg 15'90 and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. This ordinance shall become effective immediately upon passage. FIRST READING this..LJ!.... day of .....::?;4/>/U/9/('" 1999, SECOND, FINAL READING AND PASSAGE this ~ day of Fir:sRUARY . 1999. CIlY OF BOY.,NiON j ,f,., 7_ ",('/. Mayor Ii ,{ /" ., , . : / .f,. . . V. M I ( Ice ayor ~ .. .? .) c~#/_ /Y~ Commissio "];Ii ~M.~ ., . I Commissioner ATIEST: ,~~~~~~~~~ ,~II\\1II11"11111 ~~' "..... III 1 S:ca\ \""""~ '"", I * 0 ..........~..., ~ ~ ~ ..~~ORAr~... 0 ~ :: I<. 10'(' )~ ~ - 0 .(j := = 'z = :: ~;- <::) :: ~ ~o'\ "'~?;.l $ ~ .....' .0-'" ~ ~ ........ ,<:) ~ ~/I FLO~\\\\"~ 1/111""111\\\\\ - ORB 1 0'330 Pg 1 5'3 1 EXHIBIT "A" That portion of a 20 foot wide alleyway lying northerly of and adjacent to lots #35 and #36, Block 12, bounded on the north by the southerly line of lots #10 and #11, Block 12, and bounded on the east by the northerly extension of the easterly line of Lot 36, Block 12, and bounded on the south by the northerly line of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights revised plat recorded in Plat Book 10, Page 64 of the Public Records of Palm Beach County, Florida. MECORDER'S MEMO: Legibility of document unsa~sfactory when received. - EXHffiIT "e" - Conditions of Approval ORB 1 0'330 Pg 15'32 Project name: Peter Browne File number: ABAN 98-006 Reference: Abandonment aoolication dated Julv 24. 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES CO!!1ment~. None X ~- .-.......~--.-.., ._-=~---..-.... ""_.- -' FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION Comments: None X FORESTERJENVlRONMENTALIST Comments: None X - PLANNING AND ZONING Comments: I. All utility easements acceptable to Boynton Beach Utilities Department, X F. P. & L., Bell South and Comcast are recorded prior to final approval. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. None X ADDITIONAL CI1Y COMMISSION CONDITIONS 3. To be determined. MWRIdim J:\SfDJ)ATA~WPnOJSCTSI,B~OND.OFAPPLDOC , , . , ... ^,- 50 .,- , - .u .. _.2 ~ . . 1 t ~- c 'ld ~ ./ 1, , '!!L ~ ~ c. ~ -U .:.0) nl - . I. ~"~~~ 1#"~4-,,~_ J6' _ (" _ ... _.~ _ , - - - {}- -- . -,. ORB 10'330 Pg 15'33 : - 'THY H. WILKEN, CLERK PB ctlUNTY, FL . /. ~ , ~Itl" l',,,,,,,, To,; 1..U ,r . -- - ~ vI _ , 7 . 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': . ~~ - \! ,~~ -i _ ::~, - ~M ) It tt tOJ ''U ~.... -.fI. . _'~ "'-"'::i: _/ _ , . . ~. .' ,- ~, . .... · ........ .... --- "M..1r ( _.... -' '" - '!'-.. ~ ".? ,",. 4Ii...- ::- us ;J_' .... ,~'J" d..~ .", It'. .....,. - ". 1 - '" ~-"- 1t- lr . Z'" ~' r"..;; '. "':'~I'-4;-:rr-a~-~!ltl~,I; 1 - .:..;" ...... L. ,...r::. . ..... . _ .t t. , _ . 1'1 ;. tl'l . J:' )-; i.. '_~. t'L?~1" I ~ 4r. ... F.. -.. 4 ".i.~.. n - .' ~I rll- So ,~ . .'- - . - r ,. _~' til, _ rrT", , - , - - -::.. '< , !. J ,r..: i lll~ J.; =W,. It! r~ '1 ~ 1 ". - i., -. ~_ 1 j,.,.:.... . La .:- 1 - I;.J .... " ~. .. a x:,'...... - , 1t.l- tI:- :",;. .- _ 5~ J: .4,. 6/.. . ."- -..-..., -= ,~._'_:. .~... ...------- - ...., " . MJAn1 ~ ,Ji / e;t~l:b~ t?'Y'j'-t:1;t Feb-12-1999 02:45pI 99-060756 ORB 10930 Pg 1594 1I11111 01111111111111111 H UIII III 11111 II 1111111111111 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a certain segment of an easement, more particularly described herein as Exhibit "A", ii " ,i IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this 1- day of ,'ii~fWll2I( 1999. I ATTEST: l~~~ Su nne Kruse, City erk CITY OF BOYNTON BEACH, FLORIDA I__~ STATE OF FLORIDA ) COUNTY OF PALM BEACH ) )ss: BEFORE ME, the undersigned authority, personally appeared JERRY TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. " " !! -IJRB 10930 Pg 1 S9S WITNESS my hand and official seal in the said State and County this I' " , (J. :! '1 day of January, 1999. !I I My Commission Expires: '-/~ ,.,",tot,. )" Iii ",t;;,C,_ NOTARY PUBLIC, State of Florida ~ ~ Bsrbara M. Madd~n cS-A ,",commission if CC 760467 ,. "" Expires JulV 19, 2002 ~ -2 BONDED THRU ..' ~OF ","" ATLANTIC eON DING CO.. IN.. -lJRB 10930 Pg 1596 THY H. WILKEN, CLERK PB COUNTY, FL EXHIBIT "A" That portion of a 20 foot wide alleyway lying northerly of and adjacent to lots #35 and #36, Block 12, bounded on the north by the southerly line of lots #10 and #11, Block 12, and bounded on the east by the northerly extension of the easterly line of Lot 36, Block 12, and bounded on the south by the northerly line of lots #35 and #36, Block 12, all being and lying in the plat of Boynton Heights revised plat recorded in Plat Book 10, Page 64 of the Public Records of Palm Beach County, Florida. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 19, 1999 ~--==----= .- Mayor Taylor noted that the Planning and Development Board approved the project by 7-0 vote. Vice tv1ayor Jaskiewicz stated the building was beautiful. Mayor Taylor asked the applicant if he agreed with all staff conditions and the applicant stated they did. MotiQQ Commissioner Titcomb moved for approval of the project. Motion seconded by Mayor Pro Tem Tillman. Motion carried 5-0. C. Project: Agent/Owner Location: Description: Peter Brown Peter Brown 125 SW 1st Avenue Request for approval for abandonment of a portion of alley abutting property Motion Commissioner Titcomb moved for approval of the project. Motion seconded by Commissioner Denahan. Motion carried 5-0. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS A. Discussion of the addition of a minority and women's preference for City contracts and bids Mayor Pro Tem Tillman would like the City Attorney to study the possibility of adopting a policy for preference to minorities and women in the awarding of contracts and bids. Mayor Pro Tern Tillman stated that the County and the School Board have adopted this preference and he has reviewed the County's ordinance and feels it contains some provisions that the City could utilize in adopting an ordnance. Mayor Pro Tem Tillman 30 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 19, 1999 stated this would provide a means for the City to enhance opportunities for minorities and women to do business with the City. Mayor Taylor inquired if the City when requesting contracts asks if a firm is a minority or women's business. City Manager Willis stated there is no procedure for this. Mayor Taylor requested that Attorney Cherof prepare a proposed ordinance for consideration. XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 099-02 Re: Amending Chapter 2 Administration, Article <; Section 2-91. Violations and Penalties by amending "Schedule 0, Civil Penal' ,s" to include penalties for motor vehicle/boat repairs in commercial or public parking lots Attorney Cherof read proposed Ordinance 099-02 by title only. Mayor Taylor stated this was the 2nd Reading of Proposed Ordinance No. 099-02 and asked if anyone in the public wished to address the Ordinance. Hearing none, closed the public hearing. Motion Mayor Pro Tem Tillman moved to approve Ordinance 099-02. Motion seconded by Commissioner Denahan. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2, Proposed Ordinance No. 099-03 Re: Clearly defining the City's policy regarding board absences and removal Attorney Cherof read proposed Ordinance 099-03 by title only. Mayor Taylor stated this was the 2nd Reading of Proposed Ordinance No. 099-03 and asked if anyone in the public wished to address the Ordinance. Hearing none, closed the public hearing. Motion 31 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA -" ~-- JANUARY 19,1999 Vice Mayor Jaskiewicz moved to approve Ordinance 099-03. Motion seconded by Mayor Pro Tem Tillman. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 000- (deleted from the age, -) Re: Adult entertainment 2. Proposed Ordinance No. 099-04 Re: Authorizing the abandonment of a portion of alley west of property located at 125 SW 1st Avenue Attorney Cherof read Proposed Ordinance No. 099-04 by title only. Motion Commissioner Titcomb moved to approve Proposed Ordinance No. 99-04. Motion seconded by Mayor Pro Tem Tillman. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: None D. Other: 1. Legality of Ocean Ridge Ordinance regarding permits for beach events (Tabled until the February ~ 1999 Meeting) XII. UNFINISHED BUSINESS: A. Items requested for discussion by Vice Mayor Shirley Jaskiewicz 32 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 19, 1999 1. Ocean Ridge Property Disposition (Tabled until tile February:t 1999 Meeting) 2. Zip Code Update Vice Mayor Jaskiewicz stated everyone is pleased with the zip code change. Vice rv1ayor Jaskiewicz said she contacted a representative from the telephone company after she noticed on her telephone bill that the mone',I collected for the city tax and franchise fee was over $1.30. Vice rv1ayor Jaskiewicz stated that the people affected by the new zip code also have telephone numbers reflecting a city other than Boynton Beach. Vice Mayor Jaskiewicz asked the telephone representative where the money is going and is it going to Boynton Beach or Lake Worth' The representative did not know. Vice rv1ayor Jaskiewicz requested the phone company research this. Vice Mayor Jaskiewicz also requested that the phone numbers should be changed to reflect that these people live in Boynton Beach and the representative stated that might be difficult to do. . Vice Mayor Jaskiewicz stated there are approximately 4,000 phones in this area. At a cost of $1.30 per phone, this is a matter that should be pursued. B. Authorizing a public/private partnership pilot program for improving landscaping and/or signage on property which is nonconforming (Proposed Resolution No. R99-05) Vice Mayor Jaskiewicz stated that after the last meeting, Mr. Sugerman condensed a lot of the information including the application blank from several pag".~ to one page. Vice Mayor Jaskiewicz stated there is money available for the project to begin immediately and proposed that the same amount of funds that was put into the fac;ade program be put into this program, which was $30,000. Vice Mayor Jaskiewicz informed the Commission that the first big project, which included landscaping, irrigation and other portions of the project would be borne by the property owner. The only portion of the project that involved the City was assisting the applicant in applying to the DOT for a curb cut and some assistance in getting water to his property. The property owner is assuming all of the cost for the installation of an irrigation system and the landscaping. The only cost that could be taken from the fund would be assuming the capitalization fee for the installation of an irrigation meter. Motion Vice Mayor Jaskiewicz moved that $30,000 in funds designated for these purposes be set aside for use in these projects in the CRA area only. Motion seconded by Mayor Pro Tem Tillman. 33 Mi:ETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 19,1999 Commissioner Denahan inquired if the funds were CRA funds. Vice Mayor Jaskiewicz stated they would be CRA funds and would be designated only for improvements in the CRA area. Mayor Pro Tem Tillman ask2d City ~lanager Willis if the CRA would have to reconvene to approve this and do we have monies for this. City Manager Willis responded yes to both questions. Motion carried 5-0. Mayor Taylor stated that the reviewer for the appiicants needs to be determined. Vice Mayor Jaskiewicz stated that the Ad Hoc Landscape Committee had suggested that one or two members would be involved in the review process in conjunction with staff. Mayor Taylor felt that the Planning and Development Board should review the projects, rather than creating another review board. Mr. Rumpf informed the Commissioners that the projects are mostly projects dealing with minor changes that would not require site plan approval and that most of the projects would be eligible for minor site plan process, which is done through the permitting system. Mr. Rumpf was under the impression that the committee intended to have staff review the projects. Vice Mayor Jaskiewicz noted that these are non- conforming properties and that the Planning and Development Board deals with code issues. These projects require flexibility and that staff is aware of the procedure and it would be more expeditious to follow the review process suggested by Mr. Rumpf. Mayor Pro Tem Tillman raised concerns that some property owners might try to circumvent the system. Vice Mayor Jaskiewicz stated that the properties have already been identified and there are approximately 123 non-conforming properties with regard to fac;ade and landscape improvements in the City. Ms, Heyden identified these properties, Mr. Rumpf stated that uses not allowed by the zoning district would be allowed. Also, any major modifications of a building would not be allowed without site plan review. Vice Mayor Jaskiewicz stated the intent of the program is to address landscaping and signage and to make these properties more aesthetically pleasing. Commissioner Denahan stated that during many of the Ad Hoc Committee meetings waiving fees was discussed. Commissioner Denahan inquired if there would be a limit on the dollar value an applicant would be eligible for. Vice Mayor Jaskiewicz was going 34 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 19, 1999 to suggest a maximum of $2,000. Vice 1V1ayor Jaskiewicz stated this program would only exist until the ordinance takes effect when everyone has to comply. This program is an inducement to get the people on board. Vice Mayor Jaskiewicz stated that no major corporations would be given any incentives and the funds are intended for the smail businesses in the City. Mayor Taylor asked how many peopie have to approve the plans. Mayor Taylor felt that a staff position, as opposed to a particular person, should approve the plans and if citizens were to serve on the committee, they should own conForming property, not non-conFormity property with regard to decision making. City Manager Willis suggested leaving it under the supervision of her oFfice to define how the application method should be handled. City Manager Willis suggested the program should be under the direction of Dale Sugerman since it is similar to the City's fa~ade program. Mayor Taylor did not Feel that the decision making should be left to one person. Commissioner Denahan stated she would like to see the program becom..: successful and thanked Vice Mayor Jaskiewicz for her wonderful efforts in formulizing this program. Commissioner Denahan proposed that the Commissioners consider having a landscape and signage committee to review the projects since these are businesses who are voluntarily participating. Vice Mayor Jaskiewicz stated that staff has the expertise to provide assistance and should be the ones to review the projects. Mr. Sugerman thanked Vice Mayor Jaskiewicz for acknowledging his simplification of the process for applying to participate in the program. Mr. Sugerman stated he wrote the program to allow the current process to remain in place and gives the City Commission the exception rule. Mr. Sugerman expiained that an applicant who wished to improve their non-conforming property now has a process that is cumbersome and burdensome and in many cases physically impossible. Mr. Sugerman stated his program allows the applicant to bring in their non-conForming property and their proposed improvements. Staff would look at it and if staff after looking at the application feels it makes sense and the City should participate, it would be written up and presented to the Commission for approval. This gives the Commission the same approval process of any other site plan. City Attorney Cherof stated this is the method used for approving grants for the Neighborhood Improvement Program. The Commissioners were informed that they approve every single fa~ade grant. Mr. Sugerman stated this would avoid creating another committee and keep the process simple. 35 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 19, 1999 Commissioner Titcomb asked at what point during the process would staff or the Commission determine a project needs to go through the Planning and Development Board process. Mr. Sugerman stated he was unsure on this question and that he wrote the program for the Director of Development to coordinate the projects. Mayor Taylor inquired if there should be a method to determining how much money would fund a particular project and does the Commission need to set a figure. Mr. Sugerman stated that the program is written that there is a contract between the parties and the contract will delineate the obligations of the applicant and the City. Mr. Sugerman said that the City Commission should endorse each contract. Mr. Sugerman stated that the Vice Mayor was suggesting a cap at $2,000. Mayor Taylor noted that since staff will review each project and eacr, ,Jroject will be brought before the Commission for approval', the Commission could make the decision at that time and a cap would not be necessary. Vice Mayor Jaskiewicz pointed out that the participant would have to match any grant given by the City. C. eRA Meeting Dates Commissioner Denahan stated that at the CRA meeting of November 6, 1998, Commissioner Titcomb inquired if the CRA meeting should be included before or after every Commission meeting. City Manager Willis suggested that the CRA could meet every off-Wednesday, when there is no Commission meeting, and there would be a CRA Commission meeting on the first Wednesday after the first Commission meeting of the month. Commissioner Denahan asked if this was the consensus. Commissioner Denahan objected to a February 10th meeting, tvlayor Taylor suggested that the meetings be called as required. Mayor Taylor stated that the February 10th meeting is necessary since there are items that are coming back to the CRA at that meeting. Mayor Taylor asked Commissioner Denahan if she was unable to attend the February 10th meeting to which she replied she could not. After discussion, it was determined that the meeting would remain at Wednesday, February 10th. Attorney Cherof stated that Resolution No. 99-05 needs to be approved. Motion Vice Mayor Jaskiewicz moved for approval of Resolution No. R99-05, Motion seconded by Commissioner Titcomb. Motion carried 5-0. 36 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA JANUARY 19,1999 - - III. OTHER: None XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 10:25 p.m. CITY OF BOYNTON BEACH 1'v1ayor Vice Mayor Mayor Pro Tem Tillman ATTEST; City Clerk Commissioner , -O-':'./:?<e.' Jt... JlLu<t.:.<.~ Recording Secretary (four tapes) Commissioner 37 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 12,1999 7. NEW BUSINESS A. PUBLIC HEARING Abandonment 1. Project Name: Agent/Owner: Location: Description: Peter Browne Peter Browne 125 SW 1st Avenue Request for abandonment of a abutting property. approval for portion of alley Chairman Wische instructed Assistant City Attorney Igwe to administer the oath to all persons who would be testifying this evening. Chairman Wische instructed the applicant to take the podium. Chairman Wische noted there were no staff comments. ChairmanWische noted that "said encroachment would likely be accepted by the utility with a legal instrument ensuring peaceful access and a 'hold harmless' agreement against property damage". The applicant stated he has no problem with this requirement. Chairman Wische asked if Mr. Rumpf had any further comments, to which he had none. Chairman Wische asked if any Board members had any comments. There were none. Chairman Wische called for a motion. Motion Mr. Myott moved to approve the request for approval for abandonment of a portion of alley abutting the property located at 125 W 1st Avenue, subject to staff comments. Motion seconded by Ms. Frazier. Chairman Wische announced the public hearing portion of the meeting. There were no comments and Chairman Wische closed the public hearing. Motion carried 7-0. 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 two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonina Division PREPARED BY: Dan DeCarlo DATE PREPARED: December 21. 1998 BRIEF DESCRIPTION OF NOTICE OR AD: Abandon oortion of allev west of orooertv located at S.W. 1st Avenue. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for the Plannina and Develooment Board meetina of Januarv 12. 1999 and the Januarv 19. 1999 Commission meetina. SEND COPIES OF AD TO: Plannina and Zonina Manaaer. Newsoaoer. adioinina orooertv owners. aoolicant and NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: December 28. 1998 LAST DATE TO FAX TO NEWSPAPER: December 23.1998 APPROVED BY: (1) JL (.) ~ (Originator) /02--?/-'if" (Date) (2) (City Attorney) (Date) RECEIVED BY Cln' CLERK: COMPLETED: s:\projects\Browne-Peterl.Aban\legalnot-aban NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning and Development Board and City Commission of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS at CITY HALL COMMISSION CHAMBERS, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, January 12, 1999 and on Tuesday, January 19, 1999, respectively, at 7:00 p.m. to consider an alley abandonment application submitted by Peter Browne, located at 125 S.W. 1st Avenue. Said portion of alley is more particularly described as follows: THAT PORTION OF A 20 FOOT ALLEY LYING NORTHERLY AND ADJACENT TO LOT 35 AND LOT 36 BLOCK 12 BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF LOTS 10 AND 11 BLOCK 12 AND BOUNDED ON THE EAST BY THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF LOT 36 BLOCK 12 AND BOUNDED ON THE SOUTH BY THE NORTHERLY LINE OF LOTS 35 BLOCK 12 AND BOUNDED ON THE WEST BY THE NORTHERLY EXTENSION OF THE WESTERLY LINE OF LOT 35 BLOCK 12, ALL BEING AND LYING IN THE PLAT OF BOYNTON HEIGHTS REVISED PLAT RECORDED IN PLAT BOOK 10 PAGE 64. All interested parties are notified to appear at said hearings in person or by attomey and be heard. Any persoll 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 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. PUBLISH: THE POST DECEMBER 28,1998 CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 S:ISHAREIPROJECTSI8rowne.PeterlabanILEGALNOT.aban