CORRESPONDENCE
01/21/2003 12:23
.
56127268~'
WEINER & ARONSO~' QA
PAGE 01/02
c 0 V E R
FAX
s
H
E
E T
To:
Fax #:
Subject:
Date:
Pages:
Mr, Michael Rumpf
742-6259
Pace Development Gasoline Station
Our Fila No.: PACD002
..J.~nuary 211 2003
~ including this cover sheet
COMMENTS:
From the desk of...
Michael S. Weiner, Esquire
Wsiner & Aronson, P.A.
102 N. Swinton Avenue
Delray Beach, FL 33444
(561) 265-2666
Fax; (561) 272.6831
Confidentiality Notice
The information contained in this transmission Is attorney-client privileged and confidential. It is intended only for the
use of the individual or entity named abovs. If the reader of this message is not the intended recipient, you are hereby
notIfied that any dissemination, distribution or copy of this communication Is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone, collect, and return the original message to us at the
above address via U.S. Mail, we will reimburse you for postage, Thank you.
01/21/2003 12:23
.
56127268-
WEINER & ARONSON OA
PAGE 02/02
WEINER Be ARONSON, P.A.
ATIORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delr'2ly Beach, Aorida 33444
Telephone: (561) 265-2666
Telecopler: (561) 272-6831
E-mail: delrayfaw@bellsouth.net
MICHAEL s. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL
ROBERT MARC SCHWARTZ, P.A.
FlOrida Bar Board Certiflllct
Real Estate Lawyer
January 21, 2003
City Clerk
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: City of Boynton Beach City Commission Meeting of
January 21, 2003
OUf File No.: PACD002
Via TelecoDler
Dear Sir/Madam:
I am confirming with you that Item VI.A entitled "Gateway Plaza" is scheduled as the first
public hearing at 6:30 p.rn, or as soon thereafter as the agenda permits. I am confirming with you
that the mention of 'Tabled" is merely a reference to the prior meeting of January 7,2003.
I am also confirming with you that the Presentation CD which is locked in the Media Room
will be brought to this meeting,
ank you very much for your assistance in this matter,
Micha I S. Weiner
M8W:vf
cc: Mr, Michael Rumpf (via telecopier)
Mr. Barry Brandenburg (via telecopier)
Mr. Bruce Gay (via telecopier)
~Cllrcrll'l&.J~~2OO;.wpd
01/03/2003 12:01
5612726r
WEINER & ARONSO~ oA
PAGE 01
.,
C 0 \fER
FAX
s
H
E
E
T
To:
Fax#:
Subject:
Mr. Michael RUmpf
742-6259
Pace Development Gasoline Station
Our File No.: PACD002
January 3, 2003
~cluding this cover sheet
Date:
Pages:
COMMENTS:
From the desk of...
Mlehael S. Weiner, Esquire
Weiner & Aronson, P ,A.
102 N, Swinton Avenue
Delray Beach, FL 33444
(561) 265-2666
Fax: (561) 272-6831
Confidentiality Notice
The information contained ill this transmission is attorney-client privileged and confidential. It is intended only for the
use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby
notified that any dissemInation, distribution or copy of this communication is strictly prohibited, If you have received this
communication in error. please notify us Immediately by telephone, collect, and return the original message to us at the
above address via U,S. Mail, We will reimburse you for postage. Thank you.
01/03/2003 12:01
5612726P~'
WEINER & ARONSO~' PA
PAGE 02
WEINER Ie ARONSON, P .A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Rorida 33444
Telephol1e: (561) 265.2666
Telecopier: (561) 272-6831
E-mail: delraylaW@bellsouth.net
MICHAEL S. WEINER
qAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNS~
ROBERT MARC SCJfWARTZ, P.A.
FIOlida Bar Soard Certified
Real Estate ~r
January 3, 2003
Ms. Janet Prainito, City Clerk
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: City Commission Hearing
OUf File No.: PACD002
Via Te/ecoDier & Hand DeJlve(Y
Dear Janet and Kurt:
On behalf of our client, Pace Development Corporation, the agent, H, Burton Smith, P.E.
and the owner, KWB Charitable Trust, please consider this letter a request to remove the Use
Approval for lot 91 from the Consent Agenda and place the matter on the Regular Agenda for the
City of Boynton Beach's regular City Commission meeting of January 7, 2003.
Please contact me to confirm that this item has been so moved. Thank you vary much for
your assistance in this matter.
,
f..-IWl
JAN 3
Zrl;,\.!
;1 _
Mr, Bruce Gay (via telecopler)
Mr. Michael Rumpf (via telecopier)
James Cherof, Esquire (via telecopier)
G:\PAODoo2\Lfltter Prelnllo-Bl'BIl,rw.Jall3, wpd
cc:
l
PLM~'~iNG A 'D
ZONiNG DEPT
WEINER & ARONSON, P.A.
AlTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
~;\I\~ - 0
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWARTZ, P,A,
Florida Bar Board Certified
Real Estate Lawyer
January 2, 2003
Via Te/ecopier and Regular Mail
James Cherof, Esquire
Goren, Cherof, Doody & Ezrol, P,A.
3099 E. Commercial Blvd" Ste, 200
Fort Lauderdale, Florida 33308
Re: Lot 91 Quantum Park
Our File No.: PACD002
Dear Jim.
We represent Pace Development Corporation concerning a conditional use/site plan
application for a proposed convenience store which includes fuel dispensing on Lot 91 in
Quantum Park in the City of Boynton Beach, Florida (the "Project"), We have been told
that in order to proceed with this project, the City must rescind a restriction which was
imposed at an earlier date with respect to this Property. We point out to you that this
restriction is not contained in any document placed in the public record, Further, to our
best knowledge and belief, this is the sole example of this kind of restriction concerning
fuel dispensing within the City of Boynton Beach.
On April 27, 1999, the Planning and Development Board approved a Mobil Station
in Quantum Park as a Use Approval and Conditional Use Approval (collectively, the "Mobil
Approval") with a condition that "this PID shall be limited to one (1) gas station and
convenience store. No other single uses or combination of the two (2) uses shall be
permitted" (the "Mobil Restriction"). To our best knowledge and belief, these items were
placed on the Consent Agenda and approved by the City Commission at the meeting of
May 4, 1999.
The limitation to one (1) gas station in Quantum Park was not properly enacted,
The Mobil Restriction is void ab initio and without force or effect. Some of the reasons in
support of this statement are set forth in this letter. This letter has also been sent to the
City Clerk and the Planning and Zoning Department for the City of Boynton Beach so as
to be made part of the record with respect to the ongoing proceedings pertaining to
approvals for the Project.
James Cherof, Esq.
January 2, 2003
Page 2
Substantial competent evidence was not presented with respect to Mobil Restriction
at the time of the original hearing for the Mobil Approval. In addition, the Mobil Restriction
does not bear a substantial relation to the health, morals, welfare or safety of the citizens
of the City of Boynton Beach Property owners who plan to use their property in
accordance with existing zoning regulations are entitled to assume that such regulations
will not be altered to their detriment, unless the change bears a substantial relation to the
health, morals, welfare or safety of the public.
Further, the enactment of the Mobil Restriction did not follow the appropriate
procedures, including due process, since the result restricted another person's land who
did not receive proper notice ofthe hearing and essentially re-zoned and unduly restricted
property without taking the form of, or following the procedure for enactment of, a zoning
ordinance, Inasmuch as the Mobil Approval sought to place a condition on the number of
gas stations in the PID, in effect, the Approval was a zoning ordinance which is null and
void as it was not strictly enacted pursuant to the requirements of laws of the State of
Florida. By way of example, the minimum notice provisions of Florida Statute 166,041
were not followed Matters which substantially affect the use of land must comply strictly
with the notice requirements of this statute governing the procedures for the adoption of
ordinances. Florida Statute 125.66(4) requires that ordinances that change the actual list
of permitted, conditional or prohibited uses within a zoning category shall be enacted
pursuant to the statute Attempts of local governments to grant zoning changes without
compliance as to procedural requirements have been deemed invalid and void, For
example, see Ellison v, City of Fort Lauderdale, 183 So. 2d 193 (Fla, 1966).
The condition restricting the PID to one (1) gas station is not a regulatory ordinance
pertaining to the entire City of Boynton Beach, but is a land use ordinance which is tailored
to a specific area, granting a monopoly and in restraint of trade, The restriction as to the
use of the property results from the location of the property and not from the nature of the
conduct itself. In the instant case, the City of Boynton Beach is not restricting gas stations
city wide in a regulatory sense, but is restricting conduct based on the specific location,
For example, see Daytona Leisure Corp, v. City of Daytona Beach, 539 So, 2d 597 (Fla,
5th DCA 1989), when a local ordinance prohibited any business located within two hundred
feet (200 ft,) of a residentially-zoned property from selling or dispensing alcoholic
beverages The ordinance was held void ab initio because the City did not enact it in
compliance with the statutory procedures.
Florida law is well settled that the notice must accurately inform the individuals
receiving the notice as to what changes are proposed and the actual change must conform
substantially to the proposed changes set forth in the notice. In City of Coral Gables v,
Deschamps, 242 So, 2d 210 (Fla. 3rd DCA 1970), an ordinance was held to be invalid
where legal notice of a hearing did not mention anything pertaining to the construction of
James Cherof, Esq.
January 2, 2003
Page 3
a hospital. See also, for example, McGee v. City of Cocoa, 168 So. 2d 766 (Fla, 2nd DCA
1964) ,
In the instant case, the notice, a copy of which is attached as Exhibit "A", did not
refer to a possible condition restricting the PID to one (1) gas station. Thus, the notice
clearly did not substantially inform any individual of the possibility that the Mobil Restriction
would be considered that night. In short, the notice did not conform to the action taken and
the Mobil Restriction enlarged a restraint on property, granting a monopoly in restraint of
trade.
Under Florida law, there are no circumstances under which non-compliance with
state statute may be excused resulting in the passage of a valid zoning ordinance. See,
for example, Southern Entertainment Company of Florida. Inc. vs, City of Boynton Beach,
736 F, supp. 1094 (S.D. Fla. 1990). Since the City of Boynton Beach did not follow the
proper procedures in enacting what amounts to be a zoning ordinance, the Mobil
Restriction is void ab initio and invalid. It is a monopoly and restraint of trade wherein its
purported passage was done through a departure from the essential procedures which
must precede enactment.
In an abundance of caution, while we may advance alternative arguments with
respect to the entitlement of my client to this particular use for this Project, these
alternative arguments are not a concession or a waiver with respect to my client's position
that the Mobil Restriction is void ab initio and of no force and effect.
MSW:ab
Attachment (Exhibit "A")
cc. Mr. Bruce Gay (w/attachment)
Planning & Zoning Department, City of Boynton Beach (w/attachment)
City Clerk, City of Boynton Beach (w/attachment)
O'\PACD002\Lelter Cherof.Jan02.wpd
r"E'XH;le'IT"~~'A'j~.'1
:......................................................................
*._'~,
.'
NOTICE OFPUBUC HEARI'NG
AnnaS.Cottren & Associates and Houston Cuozzo Group, Inc., Agents for Quantum Partners L TD,
has requested the following parcel located at the Southwest Corner of Gateway Way Boulevard and High
Ridge Road to be considered for Conditional Use approval for a gasoline station.
Legal Description:
A PORTION OF LOT 65-B OF "QUANTUM PARK AT BOYNTON BEACH, P.LD, PLAT NO.9"
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 60 AT PAGES 32 AND
33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 65-B; THENCE RUN SOUTH 88
DEGREES 12 MINUTUES 15 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 65-B
FOR A DISTANCE OF 42.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 88 DEGREES 12 MINUTES 15 SECONDS EAST ALONG THE NORTH LINE OF SAID
LOT 65-B FOR A DISTANCE OF 55.25 FEET TO A POINT; THENCE RUN SOUTH 77 DEGREES
,48 MINUTES 55 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 65-B FOR A
DISTANCE OF 162.79 FEET TO A POINT; THENCE RUN SOUTH 39 DEGREES 10 MINUTES 06
SECONDS EAST ALONG THE NORTHEAST LINE OF SAID LOT 65-B FOR A DISTANCE OF
31.32 FEET TO A POINT; THENCE RUN SOUTH 00 DEGREES 31 MINUTES 17 SECONDS
EAST ALONG THE EAST LINE OF SAID LOT 65-B FOR A DISTANCE Of\. I 67.70 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 65-B; THENCE RUN NORTH 90 DEGREES 00 MINUTES
00 SECONDS WEST FOR A DISTANCE OF 23560 FEET TO A POINT; THENCE RUN NORTH
00 DEGREES 00 MINUTES 00 SECONDS EAST FOR A DISTANCE OF 228~OO FEET TO THE
POINT OF BEGINNING,
(CONTAINING: 49,488 SQUARE FEET).
Proposed Use:
Gasoline Sales, Convenience Store and Car Wash
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD AND THE CITY COMMISSION AT THE CITY HALL COMMISSION
CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON APRIL 27,1999 at 7:00
p.m. and MAY 4, 1999, at 7:00 p.m., RESPECTIVELY.
All interestsd parties are notified to appear at said hearings in person or by attorney and be heard or file
any written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and 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 ;s made, which record includes the testimony and evidence upon which the
appeal is to be based.
PUBLISH: APRIL 16, 1999
The Post
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561 742-6260)
I\CHlMAIN\SHRDA TAIPLANNINGISHARED\WP\PROJECTSIMOBILA TQUANTUMlLGLNOTICE.DOC
Sent By: LAW#OFFICE
561 272 6831;
Jan-7-03 ~:07PM; Page 1/4
e-r ;; Iv j", .'-
~ Ct"r::.L . '
~-,
FA)(-
-
c: 0 V E R
Date:
P,ages:
S. H E-E T
.~T
Tl,: J Mr. Michael Rumpf
FiiX #: 742-6259
Subject: Pace Development Gasoline Station
Our File No.: PACD002
Ja nuary 7, 2003
4, including this cover sheet
-
COMMENTS:
From the des~ oL
Michael S, WeIner, Esquire
Weiner & Aronson, P.A,
102 N. Swinton AVlmue
Delray Beach, FL 3:W44
(581) 265-:~666
Fax: (561) 272-1)831
Confidentiality Notice
Tte informaUun cUrll:tined in lhis lransmission is allomey-client privileged and confidential. It is intended only for the
use of the individ ua I)r entity named above. If the reader of this message is not the intended recipient, you are he reby
notified that any dls~;omination, distribution or copy of this communication is strictly prohibited. If you have receivecl this
communication in alTor, ploaso notify us immediately by telephone, collect, and return the original message to us;; t the
stove address via 1),$. Mail, we will reimburse you for postage. Thank you.
Sent By: LAW#OFFICE
561 272 6831 j
Jan-7-0~ 5:08PMj
Page 2/4
WEINER &; ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MIC. AEL S. WEINER
CARe lLE JI. ARONSON
JASC N S. MANKOFF
OF COUNSE1.;
ROBER1' MARC SCHWI.R1Z, P.A.
Aorid.. Bar Bollrd Certifi,~
Rea I Estate Lawyer
January 7, 2003
Via Telecopier
James Cherof, Esquire
Gmen, Cherof, DOOdy & Ezrol, P.A.
3099 E. Commerc:ial Boulevard, Suite 200
Fc,rt Lauderdale, 1=lorida 33308
Rf~: Pace De'ielopment Services; Gateway Plaza;
GasolinE! Dispensing Establishment and Convenience Store
on Lot 91 in Quantum Park PID
Our File No.: PACD002
D(~ar Jim:
This will GOnfirm our conversation from the other day. I am informed that the Use Request
h~IS been postpclned for the above-captioned project from January 7, 2003 to January 21, 2003-
It s my understc,nding it will be a public hearing conducted as a quasi-judicial proceeding on that
delte, Whatever notice needs to be undertaken with respect to this particular hearing, will be
undertaken by t~.E' City of Boynton Beach, Accordingly. there will be nothing on the agenda tonight
for this matter.
Enclosed is an additional copy of my letter of December 20,2002 to Mr. Michael Rumpf.
We are confirming that the Planning and Development Board will be hearing the ConditionallJse
and Site Plan DI~termination on January 28, 2003 and it would return to the City Commission on
FE~bruary 4,2003 provided the Use Request is granted-
/ MU el S, Weiner
M~ ,yf
enclosure
c(~: Boynton Beach City Clerk (via telecopier)
Mr Michelel Rumpf (via teleeopier)
Mr, BrutE! Gay (via telecopier)
Sent By: LAW#OFFICE
561 272 6831j
Jan-7-0r 5:08PMj
Page 3/4
.........
WEINER Be ARONSON, P.A.
ATIORNEYS AT LAW
TIle CI~rk House
102 North SWInton Avenue
Delray Beach, Rorida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICH U:L $. WEINER
CAR< LE J. ARONSON
JASO'll S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWlunl, P.A.
Rorida Bilr eoard Certifie(l
Real E$tatB Lawyer
December 20, 2002
via Telecopier & Regular U.S. Mall
Mr. Michael W. Rumpf
Chairman
Director of Planrling & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Rm Pace D4~velopment Company; Gateway Convenience Store
with FulCHng Option
Our FU~ No.: PACD002
DE~ar Michael:
TIlank you very much for your recent e-mail. Please consider this letter a
modification of :my letter of December 17, 2002 requesting certain meeting and heaJing
dates.
I am confirming with you that the Conditional Use and Site Plan Determination will
be before the Planning and Development Board on Janumy 28. 2003 and the City
Commission on February 4.2003.
If for some reason anything should change with respect to this schedule. would you
please let me know.
If assist-inee of our office is necessary to prepare notices, or if any fees are
outstanding or information missing which would keep my client from maintaining this
schedule. please contact me and I will make certain that it is placed in your hands.
Sent By: LAW#OFFICE
561 272 6831;
-.
Me, Michael Rumpf
Dec:ember 20, 200.2
Pa~~ 2
Th k you in advance for your assistance.
ve, " ~
/1: ls.weu..\ ~
cc:, Boynton Beach City Clerk
Mr. Kwt Bressner, City Manager
Ms. Luci.9, Galav
Mr. Bruce: Gay
G:'.PACJJ002\Letter Rwnp(_Dec19. wpd
Jan-7-r 5:08PM;
Page 4/4
.~.
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests, Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aQenda request (with back UD) to the
City Clerk's office, Items must be submitted by the deadlines indicated below, Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DDecember 3, 2002
DDecember 17, 2002
~Janua 7, 2003
DJanua 21 2003
DFebrua 4, 2003
DFebrua 18, 2003
DMarch 4, 2003
DMarch 18 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
-P&D
CRA
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds 0
All back u material is attached ~
All exhibits are attached & marked e. "Exhibit "A' ~
sr/
Department Head's initials: t'-
Gateway Plaza (USAP 02...002)
Please do not write in the shaded area below.
Legal Department signature 0
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal 0
Missed deadline 0
Other D
Reason:
City Manager's signature
D
Person contacted to pick up rejected request
by
bg - 7/19/02
S. \Planning\Planning Templates\Agenda Item Cover CHECKLIST form Dee 3-Mareh 18, 2003.doe
on
(Date)
12/17/2002 18:25
5612726' .
WEINER & ARONSQ' oA
PAGE 01
, ,\ ) .
, VC
I , ;' If I
.; I
V
c 6 v E
R
FAX
s
H
E
E T
Date:
Pages:
Mr, Michael Rumpf
742-6259
Pace Development Gasoline Station
Our File No.: PACD002
December 17, 2002
3, including this cover sheet
To:
Fax #:
Subject:
COMMENTS:
From the desk ot..,
MIchael S. Weiner, Esquire
Weiner & Aronson, P.A.
102 N, Swinton Avenue
Delray Beach, FL 33444
(561) 265-2666
Fax: (561) 272-6831
Confidentiality Notice
The information contained In thIs transmission is attorney-client privileged and confidential. It Is Intended only for the
use of the indMdual or entity named sbove. If the reader of this message 19 not the intended recipient, you ere hereby
notified that any dissemination. distribution or copy of thIs communication Is strictly prohibited. If you have received this
communication In error, please notify us immediately by telephone, collect, and return the original message to us at the
above address via U,S. Mail, we will reimburse you for postage. Thank you,
12/17/2002 18:25
5612726r .
WEINER & ARONSO~' oA
PAGE 02
WEINER & ARONSON, P.A.
AlTORNEYS AT LAW
The Clark House
102 North SWinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E.mail: delraylaw@beltsouth.net
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
OF COUNSEl..
ROBERT MARC SCHWARlZ, P.A.
Florida Bar aoard Certified
Real Estate Lawyer
December 17, 2002
Via Telecooierr &: Regular U.S. Mail
Mr. Michael W. Rumpf
Chairman
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd,
Boynton Beach, Florida 33425
Re: Pace Development Company; Gateway Convenience Store
with Fueling Option
Our File No.: PACD002
Dear Michael:
We would like to request, and this letter shall serve as a request, with respect to
establishing the following dates with regard to the above-captioned project:
1. We would like a "Use Determination" hearing before the City Commission on
January 7,2003;
2, We would like a meeting with the Technical Review Committee concerning
Site Plan on January 7. 2003; and
3. We would like a Conditional Use and Site Plan Determination by the City ?
Commission on January 28, 2003. 'P k-O
-
-
I have spoken with Ms, Lusia Galav and she has informed me that these dates are
available and can be confirmed. Ms. Galav has also stated that we could have a meeting
with you and Ms. Galavat 1:30 p,m. on January 2,2003 for the purposes of discussing any
outstanding issues with respect to these various meetings and determinations.
12/17/2002 18:25
5612726r .
WEINER & ARONSO. OA
PAGE 03
Mr. Michael Rumpf
December 17, 2002
Page 2
Should you need from my client any fees required for any additional staff time or
publication, please let me know. If you should need any further information from me to
establis these dates, also do not hesitate to contact me.
urs'l\ I
Mi eI S. Web,~~
MSW:vf
cc: Boynton Beach City Clerk
Mr, Kurt Bressner, City Manager
Ms. Lucia Galav
Mr. Bruce Gay
G;\PACDO02\Letter Rl\lJlpf,~17.wpd
Sent ~: LAW#OFFICE
561 272 6831;
Dec-3-02 3:16PM;
Page 2/~_ ,_._
WEINER Be ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach I Florida 33444
Mil :HAI~L S. WE'NER
CA ~OU~ J. ARONSON
JM ON :$. MANKOFF
Telephone: (56!) 265.2666
Telecopier: (561) 272-6831
E.mail: defraylaw@bellsouth.net
OF COUNSEl:
ftOltERT "'AIIC SCHWARTZ. PA
Aori<la Bar Board Certified
Real Estate Lawyer
December 3, ~~002
Via Te/ecoRi.!C
Michael W. Rumpf, Chairman
Director of Planning & Zoning
City of Boyntorl Beach
100 East Boynton Beach Blvd.
8()ynton Beach, Florida 33425
RE!= Pace Devefopment Gasoline Station
Our File No.: PACD002
Dear Michael:
Thank YOIJ for speaking with me concerning the postponement of the Use Approval
and Conditional Use/Site Plan related to the above-captioned gasonne station, f ccln
confirm with YOIJ that on behalf of my client, they request a third Technical Review
Committee meeting. The purpose of this meeting will be to address the comments thl~t
were made, to give details conceming the mitigation area, additional parking available 10
the public and specify the phasing.
My client understands it must pay for re-advertising and staff time. If you should
leed further detail from me, do not hesitate to contact me,
, Ie,)' truly yours,
tJ.~~fv
~ 1ichael S. Weiner
~ ISW:ab
C ;: Mr, Charles Pace (via telecopier)
G: :;IACD:102\L.ettct Rumpf,Del.1l<.wpd
Sent ~y: LAW#OFFICE
561 272 6831;
Dec-3-02 3:16PM;
Page 1/2
#
C:OV-ER
.......-.....--
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Tel:
F~IX #:
Subject:
Mr. Michael Rumpf
74:2 -6259
Pa'~e Development Gasoline Station
Our File No,; PACD002
Del;'9mber 3, 2002
2, including thIs cover sheet
-
Ollte:
Pages:
COMMENTS:
From the desk of. .
Michael S, WelnfJr. Esqulm
WeIner & Aronson, P,A.
102 N. Swinton AVenull
Delray Beach. FL 3~~
(561) 265-266f,
Fax: (561) 272-6831
Confidentiality Notic;e
T 19 information contain,~d in this transmission ill attorney-client privileged and confidential. II is intended only for the
u. :e of the individual or entity named above. If the reader of this massage is not the intended recipient, you are hereby
nl1tlfiel;1 that any dissemilation, distribution or copy of this communication is strictly Prohibited. If you have received this
cc ml'l1l1nicalion In error. please notify us immedIately by telephone, collect, and return the original message to us at the
al ove lIddress via U.S, VlaiJ, W$ will re;mbur$e you for postage. Thank you.
i2/02/2002 15:14
5512725P~'
WEINER & ARONSOl'1 PA
PAGE 01
c 0 V E R
FAX
s
H
E E T
Date:
Pages:
Mr. Michael Rumpf
7 42~6259
City Commission Hearing
Our File No.: PACD002
December 2, 2002
2, including this cover sheet
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COMMENTS:
From the desk of ..
Michael S. Weiner, esquire
Weiner & Aronson, P,A.
102 N. SWInton Avenue
Delray Beach, FL 33444
(561) 265--2666
Fax: (561) 272-6831
Confidentiality Notice
The Information contained in this transmission is attorney-client privileged and confidential. It Is intended only for the
use of the Individual or entity named above. If the reader of this message is not the intended recipient, you are hereby
notified that any dissemination, distribution Or copy of this communication il~ strictly prohibited. If you have received
this communication in error, please notify us immediately by telephone, collect, and return the original message to
us at the above address via U.S. Mail, we will reimburse you for postage, Thank you.
12/02/2002 15:14
56127268~"
WEINER & ARONSO"" ';A PAGE 02
...,,;
COu5 ~ ~+'D
"
WEINER Be ARONSON, P.A.
ATTORNEYS AT LAW
The Clar1< House VS"~
102 North Swinton Avenue
Oelray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopler: (561) 272-6831
E-mail;delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
December 2, 2002
Via Te/ecopier & Hand Delivery
Ms. Janet Prainito, City Clerk
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: City Commission Hearing
OUf File No.: PACD002
Dear Janet and Kurt:
On behalf of our client, Pace Development Corporation, the agent, H. Burton Smith, P.E.
and the owner, KWB Charitable Trust, please consider this letter a request to postpone Public
Hearing Item VI.B. and Consent Agenda Item VII.D.1. currently scheduled on the agenda of the
City of Boynton Beach's regular City Commission meeting of December 3, 2002,
We respectfully request that these items are postponed until the next regular City
Commission meeting, Among other things, the site plan has changed significantly in order to meet
comments of the City Staff and was only recently resubmitted. Please contact me to confirm these
items have been postponed
ank you very much for your assistance in this matter.
cc:
Mr, Charles Pace (via telecopier)
Mr. Michael Rumpf (via telecopier)
James Cherof, Esquire (via telecopier)
nl L
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O:\PACOOO2\Lstter Pralnito-B/88lII1er, Dec2.wpd
The Citl} ol Bol}nton Be'd~h
.((....( (........ ....\
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Citt} Clerk's OHice
100 E BOYNTON BEACH BLVD
BOYNTON BEACH R. 33435
(561) 742-6060
FAX (561)742-6090
www.bot}nton-beach.org
If' I I 0 "00')
I i j !. ,.1
January 10, 2003
Michael S. Weiner
Weiner & Aronson, PA
Attorneys at Law
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Dear Mr. Weiner:
I am in receipt of your letter dated January 9, 2003 wherein you request confirmation
that the Use Approval for Pace Development Services to be located within Quantum
Park will be heard before the City Commission on January 21, 2003. Please be advised
that this item is scheduled on the January 21, 2003 City Commission agenda under
Public Hearings.
I have also confirmed with Patricia Tucker, Administrative Assistant in the Planning &
Zoning Division, that if the Use Approval request is approved by the City Commission on
January 21, 2003, the Conditional Use Approval request would be heard by the Planning
& Development Board on January 28, 2003 and again by the City Commission on
February 4, 2003 at a Public Hearing.
If we can be of any additional service, please do not hesitate to contact me.
Very truly yours,
cm OF BOYNTON BEACH
~1n. ~
Unet M. Prainito, CMC
City Clerk
c: City Manager, City Attorney, Mlke~' Quintus Greene, Central File
S.\CC\WP\Letters\Public Records Responses\Response to Michael Weiner - Gateway Use Approval & Conditional Use.rtf
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swi nton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Real Estate Lawyer
January 9,2003
City Clerk
City of Boynton Beach
100 East Boynton Beach Blvd,
Boynton Beach, Florida 33425
Re: Pace Development Services
OUf File No.: PACD002
Ladies and Gentlemen:
I would like to confirm with you that the Use Hearing for Pace Development Services
concerning the convenience store with fuel options to be located within Quantum Park will
be heard before'the City Commission on January 21,2003 at a public hearing, I am also
confirming with you that provided there is approval at that meeting, the Conditional
Use/Site Plan for the same Project will be heard January 28, 2003 before the Planning and
Development Board with appropriate confirmation before the City Commission on February
4, 2003.
If I have not correctly stated the status of this matter, would you please let me know
immedia Iy.
MSW:ab
cc: Jim Cheraf, Esq,
Mr. Michael Rumpf
O'IPACD002Iletler City Clerk.Jan09,2003.wpd
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWARTZ, P,A.
Florida Bar Board Certified
Real Estate Lawyer
January 9, 2003
City Clerk
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Pace Development Services
Our File No.: PACD002
Ladies and Gentlemen'
I would like to confirm with you that the Use Hearing for Pace Development Services
concerning the convenience store with fuel options to be located within Quantum Park will
be heard before the City Commission on January 21,2003 at a public hearing, I am also
confirming with you that provided there is approval at that meeting, the Conditional
Use/Site Plan for the same Project will be heard January 28, 2003 before the Planning and
Development Board with appropriate confirmation before the City Commission on February
4, 2003.
If I have not correctly stated the status of this matter, would you please let me know
immedia Iy.
MSW:ab
'1N / 0 2003
cc: Jim Cherof, Esq.
Mr. Michael Rumpf
O'IPACD0021Letler City Clerk.Jan09.2003.wpd
12/20/2002 11:40
561272f
WEINER & ARON!:=
PAGE 01
From the desk of...
Michael S. Weiner, Esquire
Weiner & Aronson, P.A.
102 N. Swinton Avenue
Delray Beach, FL 33444
(561) 265-2666
Fax: (561)272-6831
Confidentiality Notice
The Infonnatlon contained In this transmission is attorney-client privileged and confidential. It is intended only for the
use of the Individual or entity named above. If the reader of this message Is not the Intended recipient, you are hereby
notified that any dissemination, disbibution or copy of this communication Is strictly prohibited. If you have received this
communication In error, please notify uS immediately by telephone, collect, and return the original message to us at the
above address via U,S, Mail, we will reimburse you for postage. Thank you,
12/20/2002 11:40
561272f
WEINER & ARONS'
PAGE 02
WEINER Ie ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEL.:
ROBERT MARC SCHWARTZ, PA
Aoridll Bar Board Certified
Real Estate Lawyer
December 20. 2002
Via Tetecooier Be Regular U.S. Mail
Mr, Michael"W. Rumpf
Chairman
Director of planning Be Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Pace Development Company; Gateway Convenience Store
with Fueling Option
Our PUe No.: PACD002
Dear Michael:
Thank you very much for your recent e-mail. Please consider this letter a
modification of my letter of December 17, 2002 requesting certain meeting and hearing
dates.
I am confirming with you that the Conditional Use and Site Plan Determination will
be before the Planning and Development Board on January 28, 2003 and the City
Commission on February 4, 2003.
If for some reason anything should change with respect to this schedule, would you
please let me know.
If assistance of our office is necessary to prepare notices, or if any fees are
outstanding or information missing which would keep my client from maintaining this
schedule, please contact me and I will make certain that it is placed in your hands.
12/20/2002 11:40
56127~
WEINER & ARON
Mr. Michael Rumpf
December 20, 2002
Page 2
k you in advance for your assistance.
'A
PAGE 03
12/02/2002 18:05
5612726l"'~.
WEINER & ARONSON DA
PAGE 01
C 0 V E R
FAX
s
H
E E T
Date:
Pages:
Mr. Michael Rumpf
742-6259
Pace Development Gasoline Station
Our File No,: PACD002
December 2, 2002
2, including this cover sheet
To:
Fax #:
Subject:
COMMENTS:
ill
m @ ~ D Iff ~ @l
m:r. 2 am ! ' I} i
PLANNING A~ "-, i
ZONING D~PT '
,.~-j
From the desk of...
Michael S, Weiner, EsquIre
Weiner & Aronson, P.A.
102 N, Swinton Avenue
Delray Beach, FL 33444
(561) 265-2666
Fax: (561) 272-6831
Confldentlallty Notice
The information contained in this transmission Is attomey..()lIent priVileged and confidential. It is intended only for the
use of the Individual or entity named above. If the reader of this message Is not the Intended recipient. you are hereby
notified that any dissemination. distribution or copy of this communication is strictly prohibited. If you have received
this communication in error, please notify us immediately by telephone, collect, and return the original me$sage to
us at the abOve address via U.S. Mail, we will Iltimburse you for postage. Thank you.
12/02/2002 18:05
5612726p-:l1
WEINER & ARONSON PA
PAGE 02
..
WEINER & ARONSON, P.A.
AlTORNEVS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (581) 265.2666
Telecopier: (561) 272-6831
E-mall;delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWARTZ, P,A.
Ronda Bar Board Certified
Real Estate Lawyer
December 2, 2002
Via Te/ecopier
Michael W. Rumpf, Chairman
Director of Planning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd,
Boynton Beach, Florida 33425
Re: Pace Development Gasoline Station
Our File No.: PACD002
Dear Michael:
Thank you for speaking with me concerning the postponement of the Use Approval and
Conditional Use/Sne Plan related to the above-captioned gasoline station. I can confirm with
you that on behalf of my client, they request a third Technical Review Committee meeting, The
purpose of this meeting will be to address the comments that were made, to give details
concerning the mitigation area, additional parking available to the public and specify the
phasing.
M client understands it must payforre~advertising and stefftime. If you should need
further tail from me, do not hesitate to contact me.
MSW:ab
cc: Mr, Charles Pace (via telecopier)
O:\PACCOO.2'lLeller Rumpf.DacQ2,wpc;I
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E Boynton Beach Blvd
POBox 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
FACSIMILE
TO.
FROM:
DATE:
RE.
(], "1
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9-s-'/- l-1/ - 1923
FAX
@~ 1- 1'1 L(#2&2)
NUMBER OF PAGES. (Including
cover)
J(J//iP/o2
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rrbihL IW/I~ k (1c~~~t!; A-rrrdVC{ '+':. ~
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~~':4
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If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
EXHIBIT "D"
Conditions of Approval
Project name' MobIl at Quantum Park
FIle number USAP 99-002
Rfi U A I
e erence' se mnrova
~l::;' AR TMENTS INCLUDE REJECT II
PUBLIC WORKS
Comments, None X
UTILITIES
Comments None X
FIRE
Comments None X
POLICE
Comments None X
ENGINEERING DIVISION
Comments None X
BUILDING DIVISION
Comments None X
PARKS AND RECREATION
Comments None X
FORESTER/ENVIRONMENT ALIST
Comments None X
PLANNING AND ZONING
Comments
1 EnVIronmental revIew and approval shall be reqUIred pnor to the Issuance of X
an occupatIOnal lIcense or certIficate of occupancy
"1-... 2 To avoId the excess of such uses wlthm thIS mdustnal park, thIS PID shall be X
...,.. lImIted to one gas statIOn and convemence store No other smgle uses or
combmatlOn of the two uses shall be permItted.
Mobil at Quantum Park
USAP 99-002
Page 2 of2
DEP AR TMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
3. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
4 None X
MWR/kcw/dlm
JlSHRDA T A IPLANNINGISHAREDI WPIPROJECTSIMOBIL AT QUANTUM\USAPIEXHlBIT D _ COND OF APPRVL.DOC
10/22/2002 13:47
561798~-'73
H BURTON SMITH p~
PAGE 01
.--.-
FlIcsi",ile CiJver Sheet
.
H. Burton Smith.P.E.
Consulting Engiul'rrs
825 Whippoor\\ill Trail
West Palm Beach FI 33411
(561 )798-505H
(561 )798-9773 Fa\: number
Date ~O~,_,.__,__
To: LLc.I4, .<:;._~J
F mn t:U~ I-i l N'-~~~ ~l.b~&~t:EPr~==.=-~~ ___. ____,~=_=-
Fa:x number -~Z- CD7_~_ ,_.
Total number of pages IIldudlllg the co\'er sheet -1
Tune of transmISSion,
Ifyo\l have an)' trouhle receivlI1g thIS tranSIllISSlon. pleitse call us at
(561 )79RSO:,8
Transtllltted by
PrOJect fi Ie I1\lIn bel
~1E\AI~i (UC4
C(\/llmetlt<:; 1?t .e~ M!rEt:rr:_ ~ .It ~ ot,~ PDI2,uAL._
REQl-'~~T ~ ~D.&T~~ 7)..\~ G::AJtf./JJJA..':t BA~
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~ C~~.BOARD ~~~I!-___......._...----,
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10/28/2002 13:09
561272P'~1
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
October 28, 2002
Ms Lusia Galav
City of Boynton Beach
Planning & Zoning Department
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
WEINER & ARONsr~1 PA
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North SWInton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: delraylaw@bellsouth.net
Via Telecopler
Re: Gateway Plaza; Gas Station
Our File No.:PACD002
Dear Luis:
PAGE 02/02
filE COpy
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A,
Ronda aer Board Certified
Real l:G\:ate Lawyer
This' to confirm that we will be attending the Technical Review Committee meeting on
Tuesday ovember 5. 2002 regarding the above-referenced matter.
Mr. Bruce Gay
00
~@~D\Hrm
nPr28'W1m .flii,i
"". CW( i L.) :
J
PLANNING AND
ZONING DEPT
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone (561) 265-2666
Telecopier' (561) 272-6831
E-mail.delraylaw@bellsouth.net
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
October 22, 2002
VIA HAND DELIVERY
Mr Michael Rumpf
Dlredul uI Pianning & Zoning
City of Boynton Beach
100 East Boynton Beach Blvd
Boynton Beach, Florida 33425
Re: Gateway Plaza
OUf File No,:PACD002
Dear Michael
OF COUNSEL.
ROBERT MARC SCHWARTZ, P,A.
Florida Bar Board Certified
Real Estate Lawyer
This is to confirm our request for the postponement of the matter which you refer to as
"Gateway Plaza (USAP 02-002)" It is described in the Development Department Memorandum
No. PZ-02-229
The reason for the postponement is that my firm was hired today, October 22, 2002 to
consider the Development Department's Memorandum dated October 15, 2002 The
memorandum, for the first time, brought to my client's attention the possibility of the existence of
a reservation with respect to Quantum Park that limits Quantum Park to one (1) gas station This
would be the second gas station The matters relating to this restriction must be reviewed
We are hereby requesting that the matter be heard at the special meeting of the Planning
I
~nd DevQ~cpment Board which is to occur on No'/embei ~ 2002
of this atter. iii
I
V . tr~1 Iy.. . yoJ. r~' ~~. \ . .
,I ,,' ,i \ /'
\ \ " 1", ~\\"j.,-;,- \ ,/ i '
M~ael S Weiner { ~, \"'--'-\,
MSW vf
cc: Pace Development Company
Attention Mr. Charles E Pace
Florida General Contractors, Inc.
Attention Mr Bruce Gay
G.\P ACD002\letterRumpf. Oct22. wpd
Thank for four CC.ISI~GI.-Cit;;:~
Sl~
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~~
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