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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 .......-.....-- - -.-.---,---.-...-- F~'( s. . H E E T " 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 /J'L).."'.,'0- , II? f ("', , 'J ' , I)/." '/~ , <. #,' t?'...,. /> I,' To: Fax #: Subject: 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 U ~ r~~"' 1'1H Ii! !lFC ('/ - J...~ O:\PACOOO2\Lstter Pralnito-B/88lII1er, Dec2.wpd The Citl} ol Bol}nton Be'd~h .((....( (........ ....\ .'1... 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 ~~ ,yu~(~ #dav 9-s-'/- l-1/ - 1923 FAX @~ 1- 1'1 L(#2&2) NUMBER OF PAGES. (Including cover) J(J//iP/o2 3 C;~iJJlO a;fA- (UJJ1 r 42-00~) rrbihL IW/I~ k (1c~~~t!; A-rrrdVC{ '+':. ~ J1f)hJ aX f)v~ PaJ(/ pCl!.:/-(w..~~ (fflVlmJd-:#;2, '-f ~ ~ ~ v~L ~t/YYl~d I shoutd uJL & Ffrx:.P/X'/)/7(j a. l/.-4f cLf>P1JVV- "jw ~ 9-'W~ r<v _ t; I=l:""" it J..[)-f '1! In 002dvJ-l r cu-.I P .J) ~ CI. d VlU' ;tg M ~tn "Me~ .VJ s,cJJcL-c~d. r ~ f+j) BecrcL (IIU</'j)U 01 (Jd;heK. :2:2 nel... ~a.J:J _ ~~':4 ~ Ct )/lIb t?~ 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~ jEJA ~CUe:C.UL~C,_ iD ,.(pQ,__~~::HIIi. ~1}Jb ~ C~~.BOARD ~~~I!-___......._...----, ,.---__________ ~~-YD~--.-.- ~ 'I'hi" f'~tL-,iIl"jl... i,. iul.:"l,t..'d .,.\1\. ItOt' ,I.... ..\~..".~.... n.II11\.',1 h.........., _11141 ",;., ""'flJ,'." 1411:'''''1.111'''' Ih..'.~ ,'o'UrI4h.'.III.11 11 \~'U ..,ot ,,,.1 th.: ttlll."mt""tI h.'"\:'rI~11I. "II" II,,' "-nll,I.,,,,,,,,,,, "I ,'~".111 I ~'7'"I".tI',q.'I...' It'" <....Ii""'." '" Ih,' .1\...11 ..':0.:-...,' ".., .11'0: h':I,'h'\ n..."i..~\ Ih.11 :111' h,.' 1,\\, dl!,).\."'tun...'",,'- ..);:...,:&".....u.:.'~ ,,4'1" in~ ,ll"lhi.. \1..'wUt..h...tlht41 I!\ ~~'h."h 1'1'''hllll,'11 It \ l~1 1..1\, ...."."'" ...(t ,1u!\ ._I".!''''.II.... III .....'1'.. t,I..';",' i'Ufn..',h.I,,,.h n.~,h II~ I., h:I,.l'l.......... .nut I...hlln .1...' .'11~1I1.,1 .,1.....""11.. I.. ",.n ,It", .hi.h...." ..1...,...., '" ll" I "" 1",~t.11 ~""I" h:..... 'I'h.IIIL. "."U 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~ h~~ ~~ ~ II/IV /V6-r Ill,s r::t--". ~ aA-L cuv4 ~~.