LEGAL APPROVAL
~INUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
I
JULY 21, 1987
"
ice Mayor Marchese agreed that using a single contractor
ould be more advantageous to the City, considering the
light difference in the bids. He feared a lack of coor-
ination and cooperation between contractors, and he felt
eppala & Aho had done an outstanding job with the
ommunications Center. Commissioner Zibelli thought the
ompany should be given a chance to first speak with the
ity staff. City Manager Cheney then made further clarifi-
ation of the bidding combinations and totals for the
ommissioners.
ommissioner Zibelli moved to TABLE the decision for two
eeks, until the City Commission meeting of August 4.
ommissioner Mann seconded the motion. The motion carried
-0.
ity Manager Cheney asked what the Commissioners wished him
o do in those two weeks. Commissioner Zibelli wanted the
ity staff to meet with the company. Vice Mayor Marchese
anted to have a workshop meeting to answer some questions.
ity Manager Cheney said he would advise the Commissioners
hen a time was decided upon.
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Two 24'x60' Office Trailers - Police and Building Depts.
ity Manager Cheney advised that this should also be TABLED,
s it related to the item that was just tabled.
UBLIC HEARING
Consider request submitted by Peter L. Breton for Quantum
Park Associates for the abandonment of a 30' right-of-way
located in the southwest corner of Quantum Park
. Annunziato said the request was to abandon a road platted
o years ago, but never constructed. The road lies in the
eart of Quantum Park, and the property has been replatted.
he applicant was requesting the abandonment for title
larification purposes. The Planning and zoning Board unan-
mously recommended approval of the request.
ommissioner Zibelli moved to approve the request, and the
otion was seconded by Commissioner Mann. As the Public
earing had not yet been held, Commissioner Zibelli withdrew
er motion, and Commissioner Mann withdrew his second.
~,
ice Mayor Marchese asked if anyone wished to speak in favor
f the request. There was no response. Vice Mayor Marchese
hen asked if anyone wished to speak in opposition to the
- 18 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
JULY 21, 1987
request. As there was no response, THE PUBLIC HEARING WAS
CLOSED.
ommissioner Zibelli again moved to approve the request for
bandonment, and Commissioner Mann again seconded the motion.
he motion carried 4-0.
Consider requests submitted by Michael D. Gordon, Esquire
and Enrico Rossi, P.E., agents for John and Anita Van
Hezewyk, Co-Trustees, to annex a 48.231 acre tract of
land on Lawrence Road at L.W.D.D. L-19 Canal, southeast
corner, show the annexed land as Low Density Residential
on the Comprehensive Plan Future Land Use Map, and to
rezone the land from AR (Agricultural Residential) to a
Planned Unit Development with a Land Use Intensity = 4.
This proposal provides for the development of 231 units,
including 103 zero lot line, single-family detached units
and 128 duplex units.
r. Annunziato noted this request was a combination of three
equests for annexation, amendment of the Land Use Element
f the Comprehensive Plan, and rezoning. Originally, the
pplicant -submitted plans for a Master Plan approval for a
UD of 231 units (including 103 zero lot line, single-family
etached units, and 128 detached duplex units). The project
ould be connected to the City by an existing road in the
eadows PUD at the expense of the developer. Mr. Annunziato
oted the detailed analysis of the project found in the agenda
emorandum dated June 24, 1987.
'1i......
r. Annunziato said the P&Z Board recommended annexation be
pproved, but recommended that the Land Use amendment and
ezoning be denied. Mr Annunziato believed the denials were
ecommended for several reasons. The first consideration was
he high net density involved, although the 4.79 dwelling units
er gross acre was consistent with the Land Use category of the
omprehensive Plan. Another concern was the duplex form of
evelopment, which the P&Z Board did not feel was consistent
ith the development in the area. A final concern of the Board
was what the units would look like.
lOllOWing the P&Z Board meeting, Mr. Annunziato reported, the
~ity staff met with the applicants. The applicants submitted
letter from Michael Gordon describing certain responses to
omments made by the City staff and the P&Z Board. After
eviewing the letter with the City Attorney and City Engineer,
r. Annunziato concluded that the project can go on, regardless
f the ability of the City or the applicants to acquire the road
ight-of-way between this project and the Meadows PUD, and he
laborated on how this could be done.
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- 19 -
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of the CITY
OF BOYNTON BEACH, FLORIDA, will conduct a PUBLIC HEARING on Tuesday,
July 14, 1987, at 7:30 P. M. to consider an application to ABANDON
a road right-of-way submitted by Moyle, Flanigan, Katz, FitzGerald
& Sheehan, P.A., agent for Quantum Associates, on a parcel of land
more particularly described as follows:
A portion of "Subdivision of Section 29 and 20,
Township 45 South of Range 43 East", a subdivision
according to the plat thereof as recorded in Plat
Book 7, page 20, of the Public Records of Palm
Beach County, Florida, being more particularly
described as follows:
That certain 30 foot wide road being bounded on the
North by the plat line; on the South by the North
right-of-way line of the Boynton Canal; on the East
by Lots 35 through 44, inclusive; and on the West by
Lots 45 through 54, inclusive; all as depicted on said
subdivision plat.
ALSO
A PUBLIC HEARING will be held by the City Commission of the City of
Boynton Beach on the above request on Tuesday, July 21, 1987, at
8:00 P.M. or as soon thereafter as the agenda permits.
All interested parties are notified to appear at said hearings in per-
son or by attorney and be heard. Any person who decides to appeal any
decision of the Planning & Zoning 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.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
aa
PUBLISH: THE POST
June 28 & July 5, 1987
~-
M E M 0 RAN DUM
July 8, 1987
TO
Mr Jim Golden
Senior City Planner
FROM
Torn Clark
City Engineer
RE Quantum ROW Abandonment - 30 ft ROW
Letters from utility Companies concerning this request are
listed below
1 Comcast Cable Company, letter dated June 15, 1987
2 Florida Public Utilities, letter dated June 5, 1987
3 Southern Bell Telephone, letter dated June 9, 1987
4 Florida Power & Light Company, letter dated June 11, 1987
Predicated on the above, I recommend the street abandonment be
approved
~y,. 'cYJ
Torn Clark
TAC/ck
attachments
cc Sue Kruse, Deputy City Clerk
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Mr. Car.men Annunziato
Planning Director
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Sue Kruse
Deputy City Clerk
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SUBJECT
~p~~ication for P&Z meeting of 1114/87
DATE.
6116/.8-7-
POLO.
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Attached please find a copy of a road rights-of-way application
submitted by the City of Boynton Beach.
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Please review and advise of your recommendation for approval or
disapproval in accordance with Section 22-40(a) (1) of the code.
Thank you.
RETURN TO
.
SIGNED ___
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Sue Kruse
REPLY
'!'he proposed rigbt-of-way abandonment is eonsistent with
the approved Master Plan for tbe ~aeua Park of eo.terc.e
Pm.
DATE.
6-24-87
J.
SIGNED Jt;j1-' ~
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Item # F269 @ Wheeler Group Inc. 1979
PERSON ADDRESSED RETURN THIS COpy TO SENDER
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June 15, 1987
City of Boynton Beach
Office of the City Engineer
120 N E 2nd !we
POBox 310
Boynton Beach, FL 33435
Re Street Abandonment Request Submitted by Quantum Associates
Gentlemen
We have reviewed the application for the above mentioned abandonment
It has been determined that Comcast Cablevision does not maintain facilities
within the area We have no objection to the abandonment
If you have any questIons please contact the Engineet-ing Department at
659- 6359 ext 409
S. I ("-,
Incet-e y, r,)
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CathryK Hankins
Construction Assistant
.JJ1....e 11,1987
Mr Thomas A Clark, P E
City Englneer
120 N E 2nd Avenue
POBox 310
Boynton Beach, Florida 33435-0310
RE STREET ABANDONMENT REQUEST
BY QUANTUM ASSOCIATES
Dear Mr Clark
Florida Power and Light Company has no objections to
the street abandonment requested in your letter of
June 4, 1987
If I may be of any further assistance, please call
me at 278-3311, extenslon 222
Sincerely,
.....-::' I- -; ~~ "
A G RUSSlllo, Jr
Power Services Representative
AGR/bm
~
Southern B~[1
~ ~; ;~~~-1:,es~s -J~ ~~ ~~~3
June 9, 1987
File 240 09JO
Mr 'Iha'laS A. Clark, P E.
Office of the city Engineer
120 N. E. 2nd Ave~ue
Boynton Beach, Florida 33435
RE Affinjonment Request Subnitted by Quall.turn Associates and ShONn on
Exhibits A & B
D2ar Mr Clark
S:mthern Bell riis no objection to t-l1e profOsoo abandOOi'Tlent of the a1x>ve
referenced right-of-way
If you require additional infonnation, please contact Mr. M. E. Spalm,
Engineer, on 997-0n 7
Yours truly,
~"V1-I
rse
Mancger
MES/dlw
Enclosure
A 5ClJTH Company
1- ~ I~ 0 I~ 1 D ~-\
PLBLIC
LTILIrIE.5
CC)\ll)\\.')
P 0 Drav,;er C
West Palm Beach, Florida 33~02
June 5, 1987
Mr Thomas A Clark
City Engineer
City of Bovnton Beach
120 N W 2nd Avenue
Ba;nton Beach, Florida 33435-0310
Dear Mr Clark
In reply to your letter of June 4, 1987, we wish to advise that Florida Public
Utilities Company has no objection to the following described road right-of-~av
as requested by Quantum Associates
A portion of "Subdivision of Section 29 and 20, Tow~ship 45 South or
Range 43 East, a subdivision according to the plat thereof as recorded
in Plat Book 7, page 20, of the Public Records of Palm Beach County,
Florida, being more particularly described as follows
That certain 30 foot wide road being bounded on the ~orth by the
plat line, on the South by the North right-of-way line of the Bovnton
Canal, on the East by Lots 35 through 44, inclusive, and on the ~est
by Lots 45 through 54, inclusive, all as depicted on said subdivision
plat
At the present time, we have no underground gas distribution facilities located
within the above described right-of-way
Yours very truly,
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B R Becker
Engineer
Grayarc ~.
P J). 80. 2944
H..llord, CT 06104
CAll TOLL ~EE:I-800.243"5250
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REPLY MESSAGE
Fold At (.) To Fil Grayarc Window Envelope # EW10P
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REORDER ITEM II F269
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FROM Rl:'C"''''"'!; T-"D
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R ~'-1rl1.IVED... ~.!" -, ..
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TO
Mr. John Guidry
Utilities Director
Sue Kruse
I!N ,)f, 198"peputy <1:Wty')Cl~#1t
PLi-\i ~ I. j ,I.J OEPT
PLANNII'ilJ Ut.PT
SUBJECT ApplicatiQn~Q~ P&Z m~~tinS-Qi-LL~~LB7
DATE..----611/87
"OLD.
Attached please find a copy of a street abandonment application
submitted by Quantum Associates.
Please review and advise of your recommendation for approval or
disapproval in accordance with Section 22-40(a) (1) of the code.
Thank you.
No objection
PLEASE REPLY TO .
REPLY
DATE.
SIGNED
Item # F269 @ Wheeler Group Inc. 1979
THIS COPY FOR PERSON ADDRESSED
MEMORANDUM
MAY 27, 1987
TO
BETTY BORONI, CITY CLERK
FROM
JAMES J. GOLDEN, SENIOR CITY PLANNER
RE
REQUEST FOR RIGHT-OF-WAY ABANDONMENT -
QUANTUM ASSOCIATES
Accompanying this memorandum, you will find two copies of the ap-
plication and related documents for the above-referenced abandon-
ment request Also attached is a check for $400 00, to cover the
review and processing of this application
Please advertise this request for a public hearing before the
Planning and Zoning Board at the July 14, 1987, meeting and be-
fore the City Commission at the July 21, 1987 meeting
ck~ J, M4
J. ES Jj. GOLDEN
JJG ro
Attachments
LAW OFFICES
MOYLE, FLANIGAN, KATZ, FITzGERALD & SHEEHAN, P A.
9TH FLOOR, BARNETT CENTRE
625 NORTH FLAGLER DRIVE
KAREN LEVIN ALEXANDER
THOMAS M BEASON
PETER L BRETON
ROBERT BRODY
E. COLE FITZGERALD. m
..JOHN F FLANIGAN
ANDREW FULTON, m
..JAMES PATRICK GARRITY
MYRA GENDEL
TIMOTHY P HOBAN
MARTIN V KATZ
WILLIAM B. KING
RONALD K. KOLINS
LISA MILLER LAYMAN
STEVEN A. MAYANS
..JON C. MOYLE
DAVID S. PRESSLY
MARK E. RAYMOND
THOMAS A. SHEEHAN, m
DONNA H STINSON
MARTA M SUAREZ MURIAS
VIRGINIA L. VANCE
NANCY KAREN VORPE
POST OFFICE BOX 3888
WEST PALM BEACH, FLORIDA 33402
TELEPHONE (305) 659 7500
TELECOP'ER (305) 659 1789
TALLAHASSEE OFFICE
SUITE 100, THE PERKINS HOUSE
liB NORTH GADSDEN STREET
TALLAHASSEE, FLORIDA 32301
TELEPHONE (904) 681 3828
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May 20, 1987
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Ms. Betty Boroni
City Clerk
City of Boynton Beach
P.O. Box 310
Boynton Beach, Florida 33425
Re Application to Vacate/Abandon
Dear Ms. Boroni
Please find enclosed three signed Applications to
Vacate/Abandon, a check in the amount of $400.00 for the filing
fee, and three prints of the subdivision plat.
This request is to abandon a 30 foot wide road shown on this
plat which was filed in 1917. The road was never constructed and
lies within the property being platted in Quantum Park of
Commerce. This abandonment is necessary to assure clear title to
future lot purchasers. It will have no effect on the access
rights of any third parties.
Please schedule this Petition for public
as possible. If any additional information
feel free to contact me.
hear ings as
is required,
quickly
please
Very truly
...-/
.;..~:~ -{ t f~c'
yours,
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(/;(~ .
Peter L. Breton
PLB bd
Encls.
1056B
cc George Zimmerman w/encl
Steven Deutsch, Esq w/encl
Rafael Saladrigas w/encl.
Carmen Annunziato w/encl.
David S. Pressly, Esq w/encl
~.~ ~
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:-
BOYNTON BEACH PLANNING DEPARTMENT
APPLICATION INFORMATION FORM
NOTE: This form must be filled out completely and accurately
and must accompany all applications submitted to the
Planning Dept. (3 copies of application required)
PROJECT NAME:
Quantum Park of Commerce
AGENT'S NAME:
Peter L. Breton, Esq
ADDRESS: 625 N Flagler Drive
West Palm Beach, Florida 33401
PHONE- (305) 659-7500
OWNER'S NAHE Quantl~m Associates
(or trustee's)
ADDRESS 2455 E Sunrise Blvd , Suite 1106
Ft Lauderdale, Florida 33304
PHONE
~,,;.--:~- ..
Section 17 and 20, Tonship 45 South, Range 43
East
PROJECT LOCATION
(not legal description)
CORRESPONDENCE ADDRESS *
(if dlfferent than
agent or owner)
* T,is is the accress to which all ugendas, letters ~nd other
caterlals wlll be forwarded.
b-L..~'-/d
APPLICATION TO ABANDON/VACATE
The undersigned, pursuant to Ordinance No 76-27 of the
City of Boynton Beach, Florida, hereby applies to the City Council
to vacate, abandon, and discontinue the,
(check one)
\ } ~ IJUI" I.
( XX) STREET
( ) SPECIAL PURPOSE EASEMENT
( ) OTHER NONFEE INTEREST OF THE CITY
as described in attached Exhibit "A", and to renounce
and disclaim any right of the City and the public in and to any
land in connection therewith
Said application is to be filed with the City Clerk in
triplicate and applications involving more than one of the above
listed nonfee interests shall be filed separately. Each application
so filed shall be complete in every respect.
The undersigned hereby certify:
1. That a complete and accurate legal description with the specific
property interest sought to be vacated or abandoned, including where
possible a plat map or drawing showing the general area and location
involved, is set forth in Exhibit "A" attached hereto
2. That the title or interest of the City and the public in and
to the specific property interest described above was acquired and
is evidenced by,
(check one)
DEED
XX DEDICATION
PRESCRl.PTION
Recorded in Plat
Book
7
, Page 20
Public Records of Palm Beach County, Florida
3. That no similar application has been considered by the City
at any time within six (6) months of the date hereof, and should
this application be granted, such abandonment and vacation will
prevent no other property owners from access to and from their
property and no other property owners in the vicinity will be
adversely effected
4. That the above described property interest is under the control
and jurisdiction of the City Council of the City of Boynton Beach,
Florida; is not a part of any state or federal highway system; and
was not acquired or dedicated for state or federal highway purposes
5 That the following constitutes a complete and accurate schedule
of all owners and occupants bounding and abutting the property
interest described above
NAHE
Quantum Associates
ADD'tli:SS
2455 E Sunrise Blvd
Ft Lauderdale, FI 33304
.
6 That the follo\ving grounds and reasons are submitted in support
of this application
The road to be abandnnpd falls within Quantum Park ~~ Roynton Boach
P.I D , Plat No 4 and 5, which property is hping rpplAtt~d. and
this road will not be used for road purposes
DATED
ADDRESS
'"
)
625 N. Flaqler Drive
West Palm Beach, FL 33401
STATE OF FLORIDA
COUNTY OF PALM BEACH
The above named applicant(s) being first duly sworn by me
the day and year above indicated, deposed and stated that he
are/is the applicant(s) in the foregoing Application to Abandon/
Vacate; that they have read the same and that the facts therein
set forth are true and correct to the best of their knowledge
~~. ~cv-
NOTARY PUBLI , State of Florida
My Commission Expires
NOTARY PUBLIC, STATE OF FLORIDA
MY COMM1SSION EXPIRES I.~~.RLH 26. 1990
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1055B
052087-1
EXHIBIT "A" TO APPLICATION
TO ABANDON/VACATE
A portion of "Subdivision of Section 29 and 20, Township 45
South of Range 43 East", a subdivision according to the plat
thereof as recorded in Plat Book 7, page 20, of the Public Records
of Palm Beach County, Flor ida, being more particularly descr ibed
as follows
That certain 30 foot wide road being bounded on the North by
the plat line; on the South by the North right-of-way line of
the Boynton Canal; on the East by Lots 35 through 44,
inclusive; and on the West by Lots 45 through 54, inclusive;
all as depicted on said subdivision plat.
LOCA T\ON MAP
QUANTUM PARK OF COMMERCE
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