Loading...
LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 October 7, 2004 www.boynton-beach.org Mr. Rodney J. Regan 439 Pine Tree Court Atlantis, Florida 33462 Re: For: File No. Location: Dear Mr. Regan: Request for Abandonment The north 4.2' wide walk easement in Lakeside Gardens Subdivision ABAN 04-003 2625 Lake Drive North Enclosed is a copy of the Meeting Minutes of the Regular City Commission Meeting held on September 21, 2004. Your application item ABAN 04-003, which represented a request for abandonment of the north 4.2' wide walkway in the Lakeside Gardens Subdivision, was denied by the City Commission at this meeting. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, Jw0 Michael W. Rumpf Director of Planning & Zoning MWR:jdc Attachment: Minutes 9/21/2004 pp 12-16 S:\Planning\SHARED\WP\PROJECTS\Lake Drive North\Denied letter after CC 9-21-04.doc Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Mayor Taylor was concerned because one of the oldest schools (1950s) in the City was Galaxy Elementary and it was in dire need of repair and renovation. Mayor Taylor had spoken to the Executive Director of the School Board and others about wanting Galaxy Elementary to be one of the earliest schools to be replaced. As it appeared now, Galaxy was #17 on the list and that was only for planning money, with a scheduled completion of 2011. Commissioner McKoy had also gone to the School Board to try to get this date moved ahead. He was in favor of tabling the item to get a person from the School Board to come and talk to the Commission so the concerns could be aired. Mayor Taylor could go along with approving this so it could get on the Referendum, but he could not promote it unless he felt a lot better about the position of Galaxy Elementary . Commissioner McCray did not feel the Commission should hold this item up, but did feel that the Commission should do something towards moving Galaxy higher on the list. Motion Commissioner McKoy approved Proposed Resolution R04-160 with a request to invite the School Board to open a dialogue with the City Commission with speCific reference to Galaxy Elementary School. Commissioner Ensler seconded the motion that passed 5-0. VII. CODE COMPLIANCE &. LEGAL SElTLEMENTS: None VIII. PUBUC HEARING: AGENDA PERMITS 7:00 P.M. OR AS SOON THEREAFTER AS THE Attorney Cherof swore in all who planned to speak during the Public Hearing. A. Project: Agent: Owner: Location: Description: Lake Drive North (ABAN 04-003) Rodney Regan Avon Investments, Inc. 2625 Lake Drive North Request for abandonment of the north 4.2' wide walk easement in Lakeside Gardens Subdivision (TABLED ON JULY 20, 2004 - TO BE HEARD ON 9-21.-04) (1.st READING OF PROPOSED ORDINANCE NO. 04-073) Motion Commissioner McCray moved to remove the Lake Drive North Abandonment 04-003 from the table. Commissioner McKoy seconded the motion that passed 5-0. 12 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Michael Rumpf, Planning and Zoning Director, reviewed the staff report for this item. The agent for Avon Investments, Inc., Rodney J. Regan, requested abandonment of the north 4.2-foot wide walk. The north walkway, an unimproved easement, measured 160.64 feet in length and was located between Lot 30 to the north and Lot 31 to the south and provided access to the Intracoastal Waterway from Lake Drive North. There were no utilities in the easement. It was originally platted to allow access to the Intracoastal by local residents. Staff contended that the walkways (the report considered the southern walkway as well) were not being maintained properly and were overgrown with grass and other vegetation. If the City retained the walkways, the City would be obligated to maintain them and possibly improve the shoreline to minimize safety hazards and liability. Staff concluded that the north walk was not ideal for public access. It was the position of staff that the walkways served no public purpose and they recommended that both the north and south walkways be abandoned. Gail Easterling, AICP, Certified Planner for the City of Plantation managing the Planning &. Zoning Department, stated that she had 17 years of experience as a City Planner. Ms. Easterling believed that the City should revise its notification requirements since it only required notification of the adjacent properties and one of them was the person who would benefit by the abandonment. Ms. Easterling stated that the condition of the walkway had been very good until the time the applicant had begun clearing the land to build, shoving piles of vegetation and boulders onto the walkway. Prior to that time, it was regularly mowed and kept in good' repair. It appeared that the applicant proceeded in anticipation of this abandonment request being granted. The walk had been in continuous use for many years by the residents and affidavits were provided to staff from many residents demonstrating that. Residents built houses in the area relying on the access to the Intracoastal Waterway, a feature that enhanced property values in the area. Also, the proposed abandonment was in the CRA area and the City's own CRA had recommended denial of this request. .The south path was not at issue, in regard to staff's recommendation that it be abandoned as well. Also, many beaCh/waterway accesses were only sand paths, so the improvement of the path should not be at issue. Ms. Easterling urged the Commission not to abandon the walkway. Sherrie Easterling, 628 Dimick Road, stated that the neighborhood had done everything in its power since it found out about the request for abandonment to prOVide the City with proof that the walk had not been abandoned. Many updates had been given to staff along with the affidavits and she was dismayed not to see any mention of 13 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 that in the Staff Report. She wondered why the wishes of a developer would be put ahead of those of the long-term residents of the community who had been given the right to use this walk in perpetuity. Should the residents lose that right to give a developer four and a half more feet to build a bigger house? The residents did not believe so. Another citizen came forward and stated that she had been working with Ms. Easterling to provide the affidavits previously mentioned and she wanted to know why the Commission did not seem to have them. Attorney Cherof stated that the reason the affidavits had not been submitted to the Commission was that under quasi-judicial proceeding rules, the Commission was required to hear the testimony directly and the public is given an opportunity to cross- examine the testimony of staff or others. Staff's analysis and recommendation was not the final word. The power to make the decision of what to do about this issue was reserved to the Commission. Mike McCleary, 2600 Lake Drive North, stated that he greatly enjoyed the use of this walk as a means to relax and enjoy the view of the water. He urged the Commission not to grant the abandonment to the developer. John Pinkerton, 2510 Lake Drive North, said he had heard the Mayor say at another meeting that the City could not give away property belonging to another. He felt that that statement had meaning in this cause and he hoped that the Commission would remember it. Mayor Taylor commented that this was City-owned property and it was up to the City to decide what to do about it. Conrad Merry, 640 Dimick Road, stated that he had lived in the neighborhood for six years and had always used the walkway. He felt that without this walk, his property value would be lowered. John McCann, Dimick Road, stated that he had lived in the area since the 1980s and . raised children and grandchildren at this location. He was happy they still had a safe place to play. Public access to the waterways and beaches was disappearing at a rapid rate and he urged the Commission not to grant this abandonment that would take so much away from the public to give to one developer. Mike Mrotek, 2624 Lake Drive North, said that he expected that the letters, petitions, and affidavits provided by neighborhood residents would be shown to everybody, including the City Commission. 14 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida . September 21, 2004 Janie Miller, 2617 Lake Drive North, lived there longer than anyone else. The walk was platted in 1922 and the residents given the right to use the walk. She asked what right the developer had to take this away from the residents so he could make more money. She said the neighborhood was offended that the Commissioners would even consider this request. Mayor Taylor responded that the Commission was required to listen to a request for abandonment and that anyone had a right to ask for one. However, he did understand Ms. Miller's point of view. Michael Flood, 644 Potter Road, urged the Commission to allow the neighborhood to keep using this walkway and not grant the abandonment. Attorney Cherof explained the process for the benefit of the residents. Any individual had a right to make application for abandonment. The first time the Commission sees it or hears of it is when it comes on the Agenda. They are insulated from receiving information before the hearing because staff does not want to put the Commissioners in the position of being lobbied beforehand. The reason they do not see the affidavits is that they do not want to taint the process from that side either. The Commission hears all the evidence first hand and can make a decision based on it. When no one else came forward, Mayor Taylor closed the public audience. Mayor Taylor looked at some pictures he was given of the Intracoastal Waterway and this walkway. He realized that the developer had cleared the land in anticipation of the abandonment being granted. The neighbors reassured him that the walkway was normally kept in good repair. When he went to visit the site, it appeared that there was nowhere to walk, Le. no beach or sand. The neighbors assured him that at low tide, there was plenty of sand to walk on. In response to Mayor Taylor's question of what the residents did in the Intracoastal that required the use of this walkway, the residents said they enjoyed the view of the water, walked on the sandbar, fished, sat by the water, snorkeled, swam, did cast netting, and generally enjoyed the beauty of it all. A discussion ensued among the Commissioners, who generally believed that a public purpose had been demonstrated. Mayor Taylor commented that continuous use since it was platted 82 years before tended to grant a right to continued ingress and egress. When the issue of reversionary rights came up in 1973, the public probably did not realize that they had to take action. He was a big believer in beach access, which was indeed fast disappearing. He could not in good conscience take this away from the people. 15 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida September 21, 2004 Motion Commissioner McCray moved that the request for abandonment in the Lakeside Park Subdivision, ABAN 04-003, be denied. Vice Mayor Ferguson seconded the motion that passed 5-0. B. Project: Agent: Owner: Location: Edward Medical Office Building (ANEX 04-004) Hany Edward Hany Edward 3908 North Federal Highway Delray Beach (unincorporated) Request for annexation of 0.72-acre partially developed lot located in unincorporated Palm Beach County Description: Eric Johnson, Planner, reviewed the staff report for the annexation and the land use/rezoning at the same time. Mr. Johnson indicated that the CRA had approved the annexation and land use but tabled the site plan. Staff recommended approval for the annexation, and the rezoning and land use detailed in LUAR 04-008. Mayor Taylor asked the applicant if he wished to address the Commission, and he declined. City Manager Bressner asked that the status of the billboard on the property be addressed since he did not want to annex property on which a billboard would have to be grand fathered. Mr. Johnson indicated that the billboard was no longer there and that the applicant had submitted paperwork showing that the lease agreement with Viacom had been terminated. Attorney Cherof stated that he had reviewed the document of notice of termination and payment of termination fee to cancel the billboard lease that was executed by the property owner. Commissioner Ensler asked if the owner had a right at some time to put a billboard on -the property in the future. Attorney Cherof stated that billboards were prohibited under the City's Code. If the billboard were there when the property was annexed, it would be grand fathered in. Motion Vice Mayor Ferguson moved to approve the request for annexation. Commissioner McKoy seconded the motion. 16 UU/LJILUV~ U~.UJ :l:JLf' 'J. Lf:lL..:J ~UKcN ~HcKU~ cl AL Jun 24 04 04:18p c Attorn~~'s OFfice 561-( '-6054 REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing Blip must accompany any request to have a Legal NotIcB or legel Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonlna Division PREPARED BY: Michael RumDf DATE PREPARED: June 7. 2004 BRIEF DESCRIPTION Of NOTICE OR AD: Request abandonment of the north 4.2-toot wide walk easement in lakeside Gardens. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border. etc.) Standam leoa' Ad for the Community Rede"eIO,Dment Aaencv Soard meetlna on Julv 13. 2004. and the Julv 20. 2004,-Citv Commission meeting, SEND COPIES OF AD TO: Newsoacer. adioinino ProPertY OWne~, al;!Plicant and Plannina and ZoninQ Director. NEWSPAPER(S} TO PUBLISH: The Post DATE (S) TO BE PUBLISHED: June 28. 2004 LAST DATE TO FAX TO NEWSPAPER: June 25. 2004 APPROVED BY; ! -07 ,( rJ Y (Date) ,/ G, -) i -0<-, (Date) RECEIVED BY CITY CLERK: COMPLETED: PAGE 02/03 p.2