LEGAL APPROVAL
MEMORANDUM
TO
QUINTUS GREENE
DEVELOPMENT DEPARTMENT DIRECTOR
FROM
SUE KRUSE, CITY CLERK
FEBRUARY 22, 2001
DATE
RE ORDINANCE #01-06, ABANDONMENT
Attached please find a copy of the above mentioned abandonment that was
recorded in Palm Beach County on February 2, 2001
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The CTity of
Boynton Beach
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City Clerk s Office
100 E. Bqynton Beach Boulevard j
PO Box31O
Boynton Beach, Florida 33425-0310
(561) 742-6060
FAX. (561) 742-6090
CERTIFICA TION
I, SUE KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that Ordinance #01-06 consisting of two (2) pages and Exhibit A
consisting of one (1) page are true and correct copies, as they appear in the
records of the City of Boynton Beach, Florida.
Also attached is the original disclaimer consisting of two (2) pages and
Exhibit A consisting of one (1) page are true and correct copies as they appear
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 25th day of January, 2001
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SUE KRUSE, CMC/AAE
CITY CLERK
JANUARY 25, 2001
'~n Equal Opportunity/Affirmative Action/ADA Employer"
OF\B 12?-"9 Pg 842
ORDINANCE NO 01-4'
AN ORDINANCE OF THE CITY COMMISSION OF THE
cm OF BOYNTON BEACH, FLORIDA, ABANDONING A
20 FOOT UTILITY EASEMENT BETWEEN LOTS 60 AND
61 IN THE QUANTUM PARK PID, SAID PROPER1Y 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
COUN1Y, FLORIDA, PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, Joni Brickman, of Winston Lee & Associates, Inc., agent for
Quantum Park & Village, L. L.c., has requested abandonment of a utility easement
dedicated to the City by the plat of Quantum Park at Boynton Beach P.LD , Plat No.
6, as recorded in Plat Book 57, Pages 191-193, Public Records of Palm Beach
County; 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 utility easement 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 20 foot utility easement
between lots 60 and 61 in Quantum Park PID, dedicated to the City by the plat of
Quantum Park at Boynton Beach P.I.D, Plat No.6, as recorded in Plat Book 57,
Pages 191-193, Public Records of Palm Beach County The attached Exhibit "A"
shows the location of the property, and includes a diagram of the specific easement
to be abandoned.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
OkB 122' ). -:J Pg 843
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
jurisdiction to be invalid, such decision shall not affect the remainder of this
ordinance
Section S. This ordinance shall become effective immediately upon
passage
FIRST READING this ~ day of January, 2001
SECOND, FINAL READING AND PASSAGE this ~ day o~
2001
BEACH, FLORIDA
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S:ca\Ord\Aband\QuantumPID Lots 60-61 Abandonment (122600)
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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 utility easement between lots 60 and 61 in the
Quantum Park PID, dedicated to the City by the plat of Quantum Park at Boynton
Beach PI 0 , Plat No 6, as recorded in Plat Book 57, Pages 191-193, Public Records
of Palm Beach County The attached Exhibit "A" shows the location of the
property, and includes a diagram of the specific easement to be abandoned
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
~ day of January, 2001
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ne Kruse, City ~..~~ r& J ~ ~ raid Bro ning, Mayor
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STATE OF FLORIDA ~~/~ -"~"...#
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COUNTY OF PALM BEACH )
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ATTEST
BEFORE ME, the undersigned authority, personally appeared GERALD
BROENING 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
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WITNESS my hand and official seal in the said State and County this ; -';
day of January, 2001
~L-c,vb(.((_)tL IlL If dr.L( ,'-
NOTARY PUBLIC, State of Florida
My Commission Expires
~v P(J, Barbara M. Madden
c;j'~~t>commiSSIOO # CC 760467
:. ... EKpiras July 19.2002
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DO~OfHY H. WILKEN, CLERK PB COUNTY, FL
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POINT OF
TANGENCY
60
QUANTUM PARK AT BOYNTON BEACH, P I D
PLA T i'-lO 6
PLAT BOOK 57 PAGES 191-i9J
TIMOTHY M. SMITH
1 .ND.. SURVEYING, INC.
103. SUNFLOWER STREET
ROYAL PALM BEACH FL 33411
(561) 792-9157
LB #6865
SKETCH OF LEGAL
DESCRIPTION
RELEASE OF EASEMENT
PREPARED FOR
QUANTUM PARK AND
VILLAGE. LLC
SHEET 2 OF 2
SCALE 1 ~=i 00
DA TE SEPTEMBER 2000
DIRECTORY QUANQUAN
FIELD BOOK N/A
DWG NO QUANSK02
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
February 12, 2001
Jom Bnckman, AICP
Winston Lee & AssOcIates, Inc
1532 Old Okeechobee Road,
SUIte 106,
West Palm Beach, Flonda 33409
Re
FIle No
LocatIOn.
Grotto Bay
ABAN 00-004
East sIde of Quantum Lakes Dnve
Dear Ms. Bnnkman.
Enclosed IS the CIty of Boynton Beach Development Order for easement abandonment granted
on December 21, 2000
Should you have any questIOns regardmg thIS matter, please feel free to contact thIS office at
(561) 742-6260
Smcerely,
7Ju;c:..
Michael W Rumpf
DIrector of Planmng & Zomng
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]-\SHRDA T A\Planning\SHARED\ VlP\PROJECTS\Quantum Park -Grotto Bay @ Bermuda Place\Aban\Oevelopement Order Letter.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
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DEVELOPM JT ORDER OF THE CITY COMMit ON Or--:r-we
CITY OF BOYNTON BEACH, FLORIDA .: :,. )
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APPLICANT'S AGENT Joni Brickman, AICP, of Winston Lee & Associates, Inc. L..L
APPLICANT'S ADDRESS 1532 Old Okeechobee Road. Suite 106 West Palm Bea 409
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION December 6t. 2000
~
P. JJECT NAME Grotto Bay
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TYPE OF RELIEF SOUGHT Request for easement abandonment
LOCATION OF PROPERTY East side of Quantum Lakes Drive
DRAWING(S)' SEE EXHIBIT "B" ATTACHED HERETO
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and
recommendation of the Planning and Development Board, which Board found as follows.
OR
x 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
-L 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 "C"
with notation "Included"
4 The Applicant's application for relief is hereby
-1L 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
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Other
EXHIBIT "e"
CondItIons of Aporoval
PrOject name' Grotto Bay
File number' ABAN 00-004
Reference: Ap?hcatlOn to Abandonment WIth an Seotember 18, 2000 Planmng and Zonmg Department date
stamp markmg.
-
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments. NONE X
UTILITIES
Comments: NONE X
FIRE
Comments. NONE X
POLICE
Comments. NONE X
ENGINEERING DNISION
Comments. NONE X
BUILDING DNISION
Comments: NONE X
PARKS AND RECREA nON
Comments. NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: None. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments. To b... dcu;;l1luned. ~NI V
MWR/dim
Aexu 00,/ Out
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
Motion
Commissioner Black moved to appoint Larry Finkelstein Chairman of the CRA. Motion e
seconded by Commissioner Fisher
December 5, 2000
Commissioner Black moved to amend his motion to include that Jeanne Heavilin be
appointed Vice Chair of the CRA. Commissioner Fisher seconded the amended
motion Motion carried 4-0
C Report and Recommendation for License Agreement with FEC Railroad
Ocean Avenue Promenade Project
Mr Bressner pointed out that this is a staff recommendation in order to complete the
railroad crossing, otherwise there would be a gap in the finished pavement. The City
has spoken with the railroad and they have modified the terms of the earlier license
agreement, which is more acceptable to the City The City is recommending moving
forward with this item.
Motion
Commissioner Black moved to approve. Motion seconded by Commissioner Fisher and
,
carried 3-0 (Vice Mayor Weiland had left the dais).
VII. PUBLIC HEARING 700 P.M. OR AS SOON THEREAFTER AS THE AGENDA
PERMITS e
A.
Project:
Grotto Bay at Bermuda Place (Easement)
(APPLICANT REQUESTED POSTPONEMENT
TO DECEMBER 19, 2000 MEETING)
Joni Brickman, AICP, of Winston Lee & Associates,
Inc.
Quantum Park & Village, LLC
The east side of Quantum Lakes Drive, south of
Gateway Boulevard
Request for 20' utility easement abandonment
between Lots 60 and 61 in the Quantum Park PID
Agent:
Owner'
Location
Description.
City Manager Bressner read a fax that the City received requesting a postponement of
the above item to the December 19, 2000 City Commission Meeting.
Motion
Commissioner Black moved to table the item, which was seconded by Commissioner
Fisher and unanimously carried
e
10
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tI
Meeting Minutes
Regular City Commission
Boynton Beach, Florida
December 5, 2000
Attorney Cherof pointed out that on the Consent Agenda, under ratification of the
Planning & Development Board action, part of this item is included in the request to
table Therefore, the Commission must reverse the approval of that item, which is Item
D2
Motion
Commissioner Black moved to reconsider Item D.2, which was seconded by Vice Mayor
Weiland and unanimously carried
Motion
Vice Mayor Weiland moved to table Item 0.2, which was seconded by Commissioner
Black and unanimously carried
B
Project:
Agent:
Owner'
Location
Description
Boynton Shoppes PCD (Heise PCO)
Robert E. Basehart, Basehart Consulting, Inc.
Boynton Shoppes, LLC
1620 S Congress Avenue
Request for Major Master Plan Modification to allow
for the construction of an additional 3,000 square foot
retail building located on a 0 727 acre outparcel in the
Boynton Shoppes POD
Attorney Cherof announced that this item would be conducted as a Public Hearing and
anyone who intends to testify must be sworn in. Attorney Cherof administered the oath
to all those who would be testifying Attorney Cherof asked the applicant to comment on
the conditions of approval that are included in the agenda packet.
Mr Robert E. Basehart, agent for the project, took the podium and stated he agreed
with all staff comments.
There was no one in the audience that wished to speak on the item.
Motion
Commissioner Black moved to approve, which was seconded by Commissioner Fisher
and carried 4-0
C
Project:
Agent:
Applicant:
Location.
Woolbright Place PUD
Kilday & Associates, Inc.
Wood Partners
West side of SW 8th Street, approximately 1/8 mile
north of Woolbright Road
Request for rezoning from PCO to PUO and amend
the previously approved PUD master plan to allow for
Description
11
.Jt1; /110 00 I' 00+
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 21, 2000
\
,
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Location
Boynton Beach Boulevard PCD (BJs Wholesale Club)
Roscoe Biby, Kimley-Horn & Associates, Inc.
Birchwood/Boynton, LLC
University of Florida Foundation, Inc., a Florida corporation and
University of Florida Foundation Corporation, as Trustee
Southwest corner of Boynton Beach Boulevard and Winchester
Park Boulevard
Request approval for a Planned Commercial Development (PCD)
master plan for 14 77 acres to include a BJs Wholesale Club
store, gas station, a bank, two future retail/restaurant outparcels
and related improvements
A.
Project:
Agent:
Applicant:
Owner'
Description
Joe Lelanlc. Land DesiGn SOuth. stated that the applicant was in agreement with all of the conditions
of approval.
Mike Rumpf, Planning & Zoning Director, advised that staff had no formal presentation He explained
that staff worked at length with the applicant and they are pleased with the application that has moved
forward to the Commission.
Motion
Commissioner Black moved to approve.
unanimously
Commissioner Fisher seconded the motion that carried
I
Description
BJs Wholesale Club (Boynton Beach Boulevard PC D)
Roscoe Biby, Kimley-Horn & Associates, Inc.
University of Florida Foundation, Inc.
Southwest corner of Boynton Beach Boulevard and Winchester
Park Boulevard
Request for conditional use/site plan approval to construct a
108,532 square foot BJs Wholesale Club, an ancillary gas station
with 12 fueling positions, and a 4,875 square foot drive-in bank
as a first phase on this 14 77 acre PCD
B.
Project:
Agent:
Owner'
Location
Motion
Vice Mayor Weiland moved to approve Item B. Commissioner Fisher seconded the motion that carried
unanimously
C. Project: Grotto Bay at Bermuda Place (Easement)
(APPUCANT REQUESTED POSTPONEMENT TO NOVEMBER 28, 2000
PLANNING AND DEVELOPMENT MEETING)
Agent: Joni Brickman, AICP, of Winston Lee & Associates, Inc.
Owner' Quantum Park & Village, LLC
Location The east side of Quantum Lakes Drive, south of Gateway
Boulevard
Description Request for 20' utility easement abandonment between
Lots 60 and 61 in the Quantum Park PID
Attorney Cherof advised that the applicant has requested postponement until November 28th
,
.-
"
Meeting Minutes
Planning & Development Board
Boynton Beach Flonda
October 24, 2000
2
PROJECT NAME
Boynton Beach Boulevard PCD
(BJ's Wholesale Club)
Roscoe Biby Kimley-Horn &
Associates Inc.
Birchwood/Boynton L,L C
University of Florida Foundation
Inc., a Florida corporation and
University of Florida Foundation
Corporation as Trustee
Southwest corner of Boynton Beach
Boulevard and Winchester Park
Road
Request approval for a Planned
Commercial Development (PCD)
Master Plan for 14 77 acres to
include a BJ's Wholesale Club
store gas station a bank, two
future retail/restaurant outparcels
and related improvements
AGENT
APPLICANT
OWNER.
LOCATION
DESCRIPTION
Motion
Vice Chair Dube made a motion to postpone agenda item 8(A)2, BJ s Wholesale Club
to the Planning & Development meeting of November 14 2000, at the applicant's
request. Mr Ensler seconded the motion that carried 7-0
Abandonment
3
PROJECT NAME
AGENT
APPLlCANT/
OWNER
DESCRIPTION
Grotto Bay and Bermuda Place
Joni Brinkman, AICP, of Winston Lee &
Associates, Inc.
Quantum Park & Village LLC
Request for 20-foot utility easement abandonment
between lots 60 and 61 in the Quantum Park PID
Motion
Vice Chair Dube made a motion to postpone agenda item 8(A)3, Request for 20-foot
utility easement abandonment between lots 60 and 61 in the Quantum Park PID at the
owner's request. Mr Ensler seconded the motion that carried 7-0
(Steve Myott left the meeting at 7 15 p.m )
9 Discussion on Noise Levels
Staff distributed a report. which they had prepared at the Board's request. addressing
maximum city noise levels and a comparison of sound levels from different sources
5
--
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
A RECESS WAS DECLARED AT 8 30 P M
THE MEETING RECONVENED AT 8 40 P M
Abandonment
3 Project Name
Agent:
Applicant:
Owner"
Location
Description
BOYNTON BEACH BOULEVARD PCD (BJ's
Wholesale Club) (Right-ot-way)
Roscoe Biby, Kimley-Horn & Associates, Inc
Birchwood/Boynton, L L C
University of Florida Foundation Inc, a Florida
corporation and University of Florida
Foundation Corporation, as Trustee
Southwest corner of Boynton Beach Boulevard
and Winchester Park Road
Request for abandonment of a 20-foot utility
easement between lots 60 and 61 in the
Quantum Park PID
Mr Chris Ralph, ot Kimley-Horn and Associates, Inc. took the podium
Chairman Wische noted that staff approved the request and asked if there were
any comments from the members
Chairman Wische announced the public hearing Hearing none, he closed the
public hearing
Mr Rumpf pointed out that even though it states it is an easement in the backup,
it is technically a dedicated street (road right-of-way) being abandoned
Motion
Vice Chair Dube moved to approve the request for abandonment of a 30-foot
road right-of-way easement for the University of Florida Foundation, Inc for the
project known as Boynton Beach Boulevard PCD Motion seconded by Mr
Ensler and carried 6-0
Abandonment
~
4 Project Name
Agent.
Owner"
Location
GROTTO BAY @ BERMUDA PLACE
(Easement)
Joni Brinkman, AICP, of Winston Lee &
Associates, Inc.
Quantum Park & Village, LLC
The east side of Quantum Lakes Drive, south
of Gateway Boulevard
12
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
complete the development and would in effect be putting the last piece to rest
while achieving something of very high quality
Vice Chairman Dube pointed out that the traffic study that has already been
submitted illustrates under the present situation that there are 1,838 trIpS per
day If the designation is changed it would become 1 540 trips per day, which IS
298 less trips per day, not more Also, Vice Chair Dube pointed out that when
property is developed, the site must comply with the City s drainage requirements
and the Lake Worth Drainage District. Vice Chair Dube said when a hurricane
hits, there isn't much anyone can do to stop the flooding
Mr Rumpf added that staff opposed the original reclassification of that parcel
from the Church parcel due to the significant change in impacts in the area
specifically on SW 8th Street. Mr Rumpf also pointed out that the project
represents a reduction in intensity and particularly traffic, compared to the current
approval The property could be developed today in accordance with the current
concept of a health campus and have impacts exceeding what is being
requested
Also, this removes the commercial designation from the future Land Use Map,
which was projected in the Comprehensive Plan This now puts the site into a
residential classification, which has a greater importance in the City considering
the population growth Also, Mr Rumpf said that the project meets the current
significant demand for high-end rental units in the area Staff does not oppose
the density, nor is staff trying to mask the density and feels the higher density is
necessary
Mr Rumpf pointed out that drainage must be accommodated on site and the
standard is the first inch of a 1 OO-year storm, which is rare
Motion
Vice Chair Dube moved to approve the request for rezoning from PCD to PUD
and amend the previously approved PUD master plan to allow for construction of
multi-family dwellings, on 14 18 acres at a density of 10 8 DUNC, subject to all
staff comments Motion seconded by Mr Friedland
Chairman Wische requested that the Recording Secretary call the roll The
motion failed on a 3-3 vote with Vice Chair Dube, and Messrs Myott and
Friedland voting aye and Messrs Ensler, Hay and Chairman Wische dissenting
Mr Kilday asked if the item would next go before the Commission and was
informed that was the next step
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
November 28, 2000
Description
Request for 20-foot utility easement
abandonment between lots 60 and 61 in the
Quantum Park PID
Chairman Wische noted there were no staff comments There was no public
audience present to speak
Motion
Mr Dube moved to approve the request for abandonment of a 20-foot utility
easement between lots 60 and 61 in the Quantum Park PID known as the Grotto
Bay at Bermuda Place for Quantum Park & Village. LLC Motion seconded by
Mr Friedland and carried 6-0
Chairman Wische requested that Item 7 B 1 (Boynton Landings) be addressed
before the second item for the Grotto Bay
C ADMINISTRATIVE APPEAL
Administrative Aooeal
Owner'
Location
Description
BOYNTON LANDINGS
David M Layman, Greenberg
Traurig, P.A.
CSC Boynton Landings, Ltd
2309 North Congress Avenue
Notice of Appeal from the June 20,2000
decision of the Planning and Zoning
Director, denying Boynton Landings'
request for a minor modification of the
approved site plan
1
PROJECT NAME
Agent:
Attorney Timothy W Schulz from the law firm of Greenberg Traurig took the
podium Chairman Wische noted that staff has denied the item
Attorney Schulz said it is his position that this is not the correct Board to hear the
appeal He feels that the City has relied upon certain provisions of the Code to
determine thafthis Board is the proper body to hear the appeal Attorney Schulz
stated he has looked at a different section of the Code which contradicts staffs
opinion
Attorney Payne requested Attorney Schulz cite the Code sections on which he
based his opinion Attorney Schulz stated that Ms Lusia Galav of staff cited
Chapter 1 5, Article 1, Section 4 1 E of the LOR, which grants this Board authority
to hear an appeal from an administrative decision
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
'W'
November 28, 2000
Attorney Schulz cited Article VII, Chapter 1 under Appeals, Section 1 D 2 that
states that the City Commission 'will hear and decide appeals of administrative
decisions for determinations in the enforcement or administration of
environmental review permits, excavation, dredging and/or fill permits,
major/minor site plan or plan modifications and height exceptions Attorney
Schulz said he was present tonight to appeal a request to a minor modification of
a site plan This provision provides that the City Commission shall hear the
appeal Further, Attorney Schulz also referenced a letter in the agenda backup
from Assistant City Attorney Igwe dated August 7, 2000 which cites this section
to support why an appeal should not be allowed
Chairman Wische pointed out that every decision made by this Board goes to the
City Commission and whatever decision this Board makes, the applicant Will stili
appear before the City Commission Chairman Dube stated that the item was
placed on the agenda and that this Board should act on it.
Mr Rumpf said there is an inconsistency in the City Codes in numerous sections
referencing an appeals process and the City Attorney s Office is clarifying the
issue Mr Rumpf cited Chapter I 5 of the LOR which lists all the items that come
before this Board and in Paragraph b, Item 2 administrative appeals is stated
Motion
Vice Chair Dube moved to deny the appeal from Boynton Landings on their
request to have the decision of our Planning and Zoning Director overturned
Vice Chair Dube inquired if the motion had been stated correctly and Attorney
Payne said that the motion should be stated in the positive and then the Board
can vote either yes or no, consistent with the motion In other words, if you vote
"yes", you are approving it or if you vote "no", you are not approving it.
Chairman Wische suggested that the motion be cited as written on the agenda
Motion
Vice Chair Dube moved to approve the Notice of Appeal from the June 20, 2000
decision of the Planning and Zoning Director, denying Boynton Landings' request
for a minor modification of the approved site plan
Attorney Payne stated if the Board votes to approve it, they are approving the
denial, because denial is the recommendation from the Planning Director
Mr Friedland seconded the motion
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