LEGAL APPROVAL
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MeT1NG MINUTI!S
RfGUl..4R CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 2000
B.
Project:
Agent:
Owner'
Location:
Description:
--1-- . I.filureh of God In Chrlst
Daise Temple Church of God in Christ
James Gibbon/Bernett Bell/Anderson Undsey
Alley on east side of 340 NE 12th Avenue
Request for abandonment of a 90' segment of right-of-way for NE
3'" Street, lying south of NE 12th Avenue
Reverend James Gibbon, Bernett Bell and James A. Carter approached the podium.
At Commissioner Fisher's request, Mike Rumpf, PlannIng & Zoning Director advised that this
right-oF-way lies between two parcels that are both owned by the Church. The applicant has
requested the abandonment to allow them to improve the property or at least create an
unobstructed passageway from the Church.
Per the Utilities Department, the rlght-oF-way Is a utility corridor with existing lines. Although
the City has allowed for easements to preserve them, because the Utilities Department was not
certain about the plan for the property, they recommended denial of the request.
In addition, the area around Martin Luther King, Jr. Boulevard is the subject of current and
future planning studies. A mini-redevelopment plan is intended for this area. In dOing a
redevelopment plan, it is necessary to look at existing infrastructure and consider the
improvements that are necessary. It would not be appropriate to abandon the right-oF-way just
prior to doing this plan.
Staff considered postponing this type of request at least until the redevelopment plan is
completed and the recommendations are known. This segment is part of a small portion of the
road that is platted but not improved.
Commissioner Fisher asked if the plan we are going to put in place would cause a problem. He
pointed out that we do not have a plan now and we would eventually have to upgrade the
utilities. He asked if the City could make do with that down the road if the Commission
approved this request.
Mr. Rumpf said the improvements that are planned will probably happen before the Church
would do anything with the parcel. Within a month or two, the City will be laying a cable that
will connect to the communications fadllty at the old wastewater treatment plant. An easement
could possibly preserve future maintenance to that right-Of-way as long as the Church
understood that there wouldn't be physical Improvements other than a roadway or parking lot.
Reverend Gibbon said there are sinkholes on the street crossing from the Church to the
parking lot. He Is fearful someone will fall. He said he spoke to the City about paving that area
or abandoning it That Is the reason for the abandonment request. Improvements are needed
In this area.
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MEETING MINUTES
REGULAR CITY COMMISSION
. BOYNTON BEACH, FLORIDA
SEPTEMBER 19, 2000
Commissioner Black was of the opinion that the Commission could direct staff to level out this
parcel and make it safe with the understanding that the Church could use it until the time that
the City needs to make the improvements.
Bernett Bell said this road has been in this location for 35 years and now that the Church
wants to use it, the City is planning redevelopment. The Church wants this parcel in order to
improve the Church.
Mayor Broening agrees with the decision of the Planning & Development Board for the reasons
stated, but he also realizes that there is a City responsibility to make this area safer He felt
that when the City's plans for Martin Luther King, Jr Boulevard are finalized, the applicant could
come back with another request for an abandonment. If there are no plans to use that parcel,
perhaps the City would grant the abandonment. Mayor Broening felt there was room for a
sensible solution to the Church's problem at this time.
Commissioner Black proposed that if the City would improve the area by installing some plants
and making it safer, perhaps the Church congregation would provide sweat equity to take care
of the plantings. Reverend Gibbon gladly agreed to partner with the City in way suggested.
Commissioner Fisher questioned whether or not the City could reasonably fix the sink hole
problems at this location. Mr Rumpf said he was not aware of the condition of the sinkhole,
but assumed that with the proper engineering, any sinkhole could be fixed. Mayor Broening did
not feel there were sinkholes on this property
Mr. Rumpf reiterated that the Church wants to expand the physical structure and improve the
parking arrangement by joining the two parcels and making them one. One of the existing lines
in that property is on the western line closest to the building. That would limit the expansion of
the building.
James A. Carter said the Church wants to expand the facility since there is only a sanctuary
and two bathrooms available. The Church would like to build a hall and kitchen for fellowship
purposes.
Vice Mayor Weiland reminded the Commissioners that the Planning & Development Board's
recommendation was for denial of the request and refunding of the application fees.
Reverend Gibbon confirmed for Commissioner Fisher that the Church plans to expand the
Church sometime next year.
Motion
Commissioner Fisher moved to deny the request with the understanding of the City's
participation to fix the problems in the area and also with the understanding that the Church
has the option of reapplying once the redevelopment is done and The application fee will be
fully refunded to the applicant. Commissioner Black seconded the motion that carried
unanimously., '. ,_ . -
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER Ill, 2000
Mr Hawkins requested clarification so that the Church understood what would be required of
them. The City would draw up an agreement that stipulates between the Church and the City
exactly what the City would allow the Church to do in the future and what the City would do in
the immediate time period. There is concern that the City may have to use that right-of-way in
the very near future. Therefore, it would require a lot of thinking by the Church on the time
frame for expanding the Church. It will be necessary to have discussions on temporary use of
the easement. Reverend Gibbon and the other representatives understood Mr Hawkins'
explanation.
VIII. FUTURE AGENDA ITEMS:
A. Agreement between Palm Beach County, the City of Boynton Beach and the
Boynton Cultural Centre, Inc. for purchase and construction of the 1913
Children's Museum Interactlve Ecosystem Indoor Exhibit (October 4, 2000)
B. Report on Proposed Criteria regarding CRA Membership (October 4, 2000)
C. Proposed Code Amendment for freestanding signs (OctOber 4, 2000)
D. Review of Proposed Traffic-calming Device Procedure (October 4, 2000)
E. Proposed Ordinance amending Chapter 26 entitIed "Water, Sewer and City
Utilities" (October 4, 2000)
F Proposed Ordinance Re: Amending Land Development Regulations as
follows: Chapter 1, Article II Definitions; Chapter 2, Section 6.D 1. to
include nightclub; and Chapter 2, Sectlon 6.E.1.B.
G. Future Annexation Areas (October 17, 2000)
H. Review policy for cemetery late arrival fee and space requirements pending
review by Cemetery Board and funeral business (November 7,2000)
I. Proposed Policy for Community Actlvity Grants
J. Proposed Expansion of CRA Boundaries
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IX. DEVELOPMENT PLANS;
None
X. NEW BUSINESS:
XI. LEGAL:
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