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Agenda 10-23-12CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, October 23, 2012 TIME: 6:30 P.M. PLACE: Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of the Board 3. Agenda Approval 4. Approval of Minutes from August 28, 2012, meeting 5. Communications and Announcements: Report from Staff 6. New Business: A.1. Sunshine Sauare Easement Abandonment (ABAN 12 -001) — Approve proposed abandonment of a portion of a Utility Easement (ABAN 12 -001) at 501 SE 18 Avenue, Sunshine Square Shopping Center, zoned C -3 (Community Commercial). Applicant: James Mirrione, E & A Sunshine Square, LLC. 7. Other 8. Comments by members 9. Adjournment The Board (Committee) may only conduct public business after a quorum has been established. If no quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board members may not participate further even when purportedly acting in an informal capacity. NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742 -6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Document6 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, AUGUST 28, 2012, AT 6:30 P.M. IN THE CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Sharon Grcevic, Vice Chair Corey Kravit Ryan Wheeler Mike Rumpf, Planning & Development Director Eric Johnson, Planner Stacey Weinger, Board Attorney ABSENT: James Brake Brian Miller 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Mr. Kravit led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion Vice Chair Grcevic moved to approve the agenda. Mr. Kravit seconded the motion that unanimously passed. 4. Approval of Minutes from July 24, 2012 meeting Motion Vice Chair Grcevic moved to approve the minutes. Mr. Kravit seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Development Director, reported the City Commission approved the Conditional Use approval for the cigar bar. An item not reviewed by the 1 Planning and Development Meeting Minutes Boynton Beach, FL August 28, 2012 Board was an amendment to the Land Development Regulations. There was direction from the Commission to prepare an ordinance to accommodate or allow for restaurants to allow dogs at outdoor seating areas. In order for local restaurants to do this and remain in compliance with the State Health Department requirements, there must be an ordinance which enables restaurants on a case -by -case basis to allow it, if they so choose, for patrons with dogs in outdoor seating areas. This had gone to the City Commission on the first reading and was approved; the second reading would be at the first meeting in September. One housekeeping matter Mr. Rumpf wished to discuss was the fact the Board members would be polled for a planned absence for the next meeting, which would be Yom Kippur to ensure there would be a quorum. It was known that Board member Miller would not be present and would confirm with Board member Brake. The present members indicated they would be in attendance at the September meeting. 6. New Business: Attorney Weinger administered an oath to all those intending to testify. A.1. LDR Amendments to Nonconforminq Requlations, Landscapinq Standards, Community Desiqn Standards, and Historic Preservation Requirements (CDRV 12 -005) — Approve proposed amendments to the Land Development Regulations (LDR) intended to update and enhance development and design standards to promote business /economic development and increase user - friendliness. The proposed amendments include incentives to the development of industrial lots, promote more urban development through clarification of build -to -line regulations, reduce landscape requirements for non- conforming lots, update historic preservations processes, and are intended to enhance project appearance through various changes in community design regulations. Eric Johnson, Planner, presented the request as noted above. He would be covering numerous items, most notably the changes proposed to the non - conforming regulations, the landscaping standards, community design standards and historic preservation. In the staff report provided, he attempted to take the bulleted items and break them down into different categories such as business promotion, design flexibility, and green sustainable initiatives. Regarding the business promotion, it was intended to update and remove the requirement that Conditional Use applications require a sound study. Bars and nightclubs new to the City of Boynton Beach were required to submit an extensive and elaborate sound study that would be certified by an acoustical engineer, after months of discussion, that condition would be eliminated in favor of a more informal sound impact analysis The impact analysis would only be required if a live entertainment permit were to be revoked. The City was looking to go in a different direction in the sense that the noise control ordinance would be enforced. If there was a business that had Planning and Development Meeting Minutes Boynton Beach, FL August 28, 2012 complaints, Code Enforcement would go on site and make an analysis. If the business was found to be non - compliant, action would be taken. With respect to the live entertainment permit, if a business was going to have any kind of live entertainment, it would require a live entertainment permit. The study would have to discuss the layout of where the speakers would be, the orientation of the speakers, the number of windows the business would have, and whether the sound would travel. Chair Saberson wondered when there was the sound analysis requirement the analysis was to be performed by a certified acoustical engineer, but now, even when required, that particular requirement was not included. If an analysis were required, why would it not be required from a professional? Mr. Johnson replied that it was an extensive undertaking especially if an establishment came to the City. It was confirmed that a study would only have to be completed if a live entertainment permit was revoked or if a bar or nightclub was within 300 feet of a residential zoning. There had not been that many issues with an applicant and the basic details and to hire an acoustical engineer would be a very expensive undertaking, as well as elaborate and untested. Mr. Rumpf noted that there are more and more outdoor activities, not those within a closed building. There was also the City's sound ordinance on the books. The business would have to comply with that either way. An expensive sound engineer would do nothing for the project if it were an outdoor bar with outdoor entertainment. This was originally put in the books when it was envisioned there were going to be larger venues, large activity centers, which have the possibility of being nuisances. In addition, that was at a time when the City was lower on the growth curve in terms of accommodating activities downtown. The experience was with a large venue within closed walls and that was what the Code originally was written for. What was being relied on was the live entertainment permit and if it got revoked due to non - compliance, it would get taken away for one year. The sound ordinance was also being relied upon. Mr. Johnson continued by explaining that for the purpose of business promotion, it was desired to update the M1 zoning district regarding non - conforming lots, particularly lot size and also to include minimum landscape requirements. Currently, if an M1 zoned property had been platted in the past and it wanted to develop, provisions were being made for that lot to be allowed to develop under the non - conforming regulations. As a compliment to it, the landscape Code was also being updated to have provisions for the alternate landscape plan. The primary purpose was to have a tree canopy along the property lines for smaller lots. With regard to Historic Preservation, the Certificate of Appropriateness, the Historic District or Properties designation and the Historic Preservation property tax exemption application were received. The intent was to simplify the Historic Preservation public notification process for individual site designations by only requiring notification of abutting or adjacent properties, rather than those within a 400 foot radius. If designating a district, the 400 foot radius notification requirement would remain in place. In addition, it was desired to have the application process simplified for a Certificate of Economic Hardship by requiring only a written statement of their justification, rather than a formal application. The Certificate of Economic Hardship was now a component of the 3 Planning and Development Meeting Minutes Boynton Beach, FL August 28, 2012 Certificate of Appropriateness. Also desired would be to amend the guidelines for historic designation by adding the word "feeling" to the list of aspects necessary to access the integrity of the site. The list now includes seven aspects of integrity and was consistent to those listed in the National Register Guidelines. In addition, authority to initiate a designation section will be enhanced by adding site recording and architectural salvaging requirements for undesignated sites. Asterisks would now be included next to the types of land development applications that require quasi - judicial hearings. This list of applications was hidden in part two Code of Ordinances and now would be revealed in the land development regulations, thereby making it more user - friendly. Also the design standards for fences would be enhanced by requiring the finished sides of fences face adjacent properties. Chapter Four, Article Three would be reorganized by separating major topics under section headings, rather than subsection headings. One of the reasons was because it was difficult to navigate through this particular article because the standards are one section with numerous subsections, and a novice user would not find all the community design standards as easily as they could now. Any deviation from standards is not part of a variance application but part of the community design appeal process. It was desired to reorganize the entire Historic Preservation article by relocating all the process related language out of Chapter Four, Article Nine. Definitions would also be relocated so as not to duplicate information. Other changes of reorganization and relocation were noted The Community Design Appeal application would be updated to include deviations from build -to -line requirements, such as setbacks in certain zoning districts and areas of the City which would include the urban mixed -use districts, the urban commercial district overlay zone and the Martin Luther King, Jr. Boulevard overlay zone. Mr. Johnson explained the zero build -to -line deviation requirements. Chair Saberson wanted clarification as to why there was a build -to -line requirement, and why there were variance aspects such as mixed -use, urban or others. He did not understand why there would be a zero -side setback that would be mandatory. Mr. Johnson elaborated that Boynton Beach did not have a form based Code. In certain areas of the City, near downtown, if projects were to locate on properties that are along Federal Highway they would likely request to rezone to a mixed -use. The aim would be to go for a more urban form where there are fewer setbacks along the rights -of -way. This does not mean the elimination of sidewalks, but is a concerted effort to eliminate the design of a site where there would be a parking lot in the front and the building set back. The goal was to have the development near the property line, especially smaller sites that could be accommodated including narrow lots. Mr. Johnson explained the permitting for the live entertainment would be amended so that when someone was applying for it; their business activity would comply with the noise control ordinance by providing an affidavit. There would also be a cross reference added in the Code to the live entertainment permit. 0 Planning and Development Meeting Minutes Boynton Beach, FL August 28, 2012 With regard to sustainability and green initiatives, the methodology used when calculating the number of replacement trees was being updated. Canopy trees would be promoted and hopefully the requirements would be amended so that no more than 50% could be palm trees. Also included was limiting the maximum number of parking spaces to new projects and major modifications to existing development. These were the proposed changes this month. In the near future, parking requirements would be reviewed for possible reduction in certain areas and more cleanup of walls and fences. Chair Saberson asked for clarifications on a few items that were presented. Motion Vice Chair Grcevic moved to recommend that this proceed to the City Commission and be approved. Mr. Kravit seconded the motion that unanimously passed. 7. Other None 8. Comments by members None 9. Adjournment Motion There being no further business to discuss Ms. Grcevic moved to adjourn. Mr. Kravit seconded the motion that unanimously passed. The meeting was adjourned at 7:08 p.m. Ellie Caruso Recording Secretary 091812 9 TO. Chasm and Members, Planning and Devel"opmepit Board THRIJ Nlichael 1 4N. Rurnpfz'�"� Planning and Zoning Director FROM Ed Breese Principal Planner DATE: October 11, 20 SUBJECT: Abandonmeni sal a portion of a Utility Easement ((BAN 12-001) al 50-1 SE 18'"' Avenue, Sunshine Square Shopping Center zoned C-3 (ComulkiflAy Corwriercial). AppIcant: Jarnes Mimone, E & A Sunshine Square: LL James Mirrione of E & A SLInshine Square, LM is requesting to abandon ED POI Of a ant lily easement in cotwncllon with the new Publix Supermarket at she Sunshine Square Shoppinq Center- The subject property is classifi ed LRC r,Loca Retail Commercial) land use and zoned G­3 (Cumiinurkity cunlrnerciaj). Tt'%e rte' Publix Sopermarkei: is pail of lhe c(cr replete rev lalization of the, Sunshine Square Shc, Center located cri the SVV corner of Soull'i Federal Highway and Woo1hright Road (see Exhibit'A" — Location M The !)ortion of the twelve (1 2� foot-wide utility easement to be abandoned runs in an east-west directibil for a distance of approximaLely 35- feet, A sketch and legal description of [he subject utility easement Is attached as Exhibit "B". The applicant indicates that POIIrOrl of 9)e rJtilrly erisemem is being vac tee bec@use trN1re are no longer any public uNkilies located within the easement and will not have any public utilities in the future. Therefore, the easement no foinger serves a public purpose, The fallowing is a clescdp efthe zonurng distvicts and' nd uses of the properties, that surrow­d the subject request: North. The northern portion of the Sunshine Square Shopping Gemer and farther north right-of-way of Wooflbrighl Road, SOUV': Right of SE 18"' Aved]Lle and fai - ther south developed commercial property (BAP -S Temple) clfassrfied LRC (Local Retail Commercial) iand use and Zoned C-5 (Comnc'mnity Cornmercial): East Right-of-way of Federal Highway and farlher east developed comrnercial properly (Riverwalk Plrr aj classifies LRG (Local Refad Comirriercia'!) land use, and zoned C-3 (COrTIMUnity Cornmercial); and West: Right-cf-way of the Florid'a East Coast Railroad and farth - er west City-owned property (Fast Wate-r Plant) classified PPGI'(PuL)Iic & Private GoverT)i"Tiei)tal/Inplitij and zurte PU (Public Usage). P g i r ,jc! 2 Nlemorarldum No. PZ 12-(l34 ABAN 12,00 IM 0 Sunshine Square Shopping Center has been undergning a revitalization prograrn for several years based upon site plan ni drl cations outlined in MMSP 10-070, approved on December 9, 2010. The approved plans included den of tl)e old PuWix Supermarket and reconstruction of a new, modern PubVx, derr of existing retail space to accomm-ccale new retail and restaurant spaces, irnproved' site circu;atiorr and parkin -g, and finally. improved landscaping schernes,. The subject, easernenll was originally dedicated to the Qty for utility purposes and the City's own utilities were the only service provrder Wizing the easenieW. As a result of the reconstruction of the Publix Supenrn U't i I t , ff arket, the developer and i S agreed to have the utilities relocated out of this portion of Ihe eisernent a nd into - ) new easernent, to reduce s I ;te corillicts. Therefore during construclion, this segment of easement was physically abandoned and a new easeri created. The sLjbject req Ue st is es-5en6atly a ho usekeepng matter to forrna-lize and c1cseout the abandorirnent of the easemeril already accomplished in the field. The applicant drafted the legal du and easernent skelch for the newly created eas,erneqt that replaces the subject easerneni, provided copies to the U and Engineerflq DE-parlmenis for 1hetr review and appwval, and recorded the approved casernent documents 41 the County records. Owners of properties within 400 feet of the subject site were nailed a notice of this request and its respective hearing cal The applicant has, cerlifed that they posted aignage and rnaiIed not.ces in accordance wiltl'i Ordinance No. 04-007 and the abandonment requesl has been adverfised in the news,paper. A summary of the responses is as fotovvs: Engirteerin 9 Lidr#41111ag ag" I jk" '" 1 4 1 11111111 MAIDOGN19-10 R - - - .. AT & T Florida Public Utilities Comcast No objection No objection No objection NIA NIA N)A NIA 23��� Staff has determined that the subject portion of the utility easement no tcnger conta'dis any utilities and that a new easemeni has been created to ri the utility needs. Based on Lhe above analyFis, staff recommends APPROVAL of the applicant's request to abandon this portion of the wbject 12-foot w de utility easement. Any condiflorrs required by the Manning and Development Board arid the Commission will be placed in Exhibit "C" - Canditions of Approval S,I,Plif)i)ing SIAAREID�WP''PROJECTS'. Sui SquareLASAN 12-001 Ruport.dou EXHIBIT " A " - SITE LOCATION MAP SUNSHINE SQUARE ABANDONMENT (ABAN R -1 A C -2 200 100 0 200 400 600 800 9 � ml 15 SKETCH OF 12' U.E. TO BE ABANDONDED wG1 Portion of Lot 1 Plat Book 1, Page 4 Wantmart Group, Inc. Palm Beach County, Florida Engineering s;• Planning * Surveying . ®. Environmental (Su nshine Sclua — Publix Plaza) 2035 VISTA PARKWAY, SUITE 100, WEST PALM BEACH, FL 33411 (866) 909 -2220 phone (561) 687 -1110 fax CERTIFICATE OF AUTHORIZ477ON No. LB 7055 ORLANDO — PORT ST. LUCIE — TAMPA www.wantmongroup.com DESCRIPTION & SKETCH PREPARED FOR: EDENS LEGAL DESCRIPTION: A STRIP OF LAND BEING A PORTION OF LOT 1, AS RECORDED IN PLAT BOOK 1, AT PAGE 4, AND BEING A PORTION OF THAT CERTAIN 12.00 FOOT WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORDS BOOK 881, AT PAGE 840 AND OFFICIAL RECORDS BOOK 884, AT PAGE 459, ALL OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS LYING AND SITUATE IN A PORTION OF THE NORTHEAST ONE- QUARTER (NE 114) OF SECTION 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 89'43'15" WEST ALONG THE NORTH LINE OF SAID SECTION 33, FOR 1,248.84 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT -OF -WAY LINE FOR FLORIDA EAST COAST RAILROAD; THENCE SOUTH 08 WEST ALONG SAID EASTERLY LINE, FOR 529.77 FEET TO THE POINT OF BEGINNING OF A 12.00 FOOT WIDE STRIP OF LAND LYING 6.00 EACH SIDE OF AND ADJACENT TO THE FOLLOWING DESCRIBED CENTERLINE; THENCE NORTH 89'43'15" EAST, FOR 355.87 FEET TO THE POINT OF TERMINUS. SUBJECT TO EXISTING EASEMENTS, RIGHTS -OF -WAY, COVENANTS, RESERVATIONS AND RESTRICTIONS OF RECORD, IF ANY. SAID LANDS LYING AND SITUATE IN PALM BEACH COUNTY, FLORIDA. (NOT A SURVEY — DESCRIPTION AND SKETCH ONLY) SURVEYOR'S NOTES: 1. G4TA SHOWN HEREON WAS COMPILED FROM OTHER INSTRUMENTS AND DOES NOT CONSTITUTE A nELD SURVEY AS SUCH. 2 BEARINGS BASED ON THE NORTH LINE OF SEC77ON FOR THE FIRM 33, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH WANTMAN GROUP, INC. COUNTY, FZORILK S41D NOR7H LINE HAVING AN ASSUMED BEARING OF S 89'43'15 W AND ALL 07HER BEARINGS RECITED HEREON ARE REZA77VE 7HERET0. 1 DATE.• REVISION.• BY. BY- �� DE7?EX G. ZE7YlM� 08120112 REVISED PER CITY COMMEN7S MRG ffla /OW SURVEYOR AND MAPPER LICENSE NO 56.55 OFFICE MRG DA7E 03/06112 JOB 11011061.01 CHECKED DGZ SHEET 1 OF 3 DWG 72700_ 12ft UE A6 MWGI 2620.09' (Measured) To Wantman Group, Inc. = Center line Engineering +,*0 Planning + Surveying +,*+ En vironmen tal = ORB = Official Records Book 2035 VISTA PARKWAY, SUITE 100, WEST PALM BEACH, FL 33411 PBCR = Palm Beach County Records (866) 909-2220 phone (561) 687-1110 fox PB = Plot Book CER70CA7E OF AL17HORIZ4770N No. LB 7055 PG. = Page ORLANDO — PORT ST LUCIE — TAMPA www.wantmongroup.com R/W = Right—of—Way DESCRIPTION & SKETCH U. E. = Utility Easement PREPARED FOR: (ORB 881, PG. 840 PBCR) 10' UTILITY EASEMENT, EDENS (ORB 1 12 1, PG. 536 PBCR) O O ENT omer -45-43 Beach > Disc SCALE: 1 " = 200' (Intended Display Scale) DATE: REVISION. • BY 08120112 REVISED PER CITY COMMENTS MR0 (NOT A SURVEY—DESCRIPTION AND SKETCH ONLY) 0MCE MRG DATE 03106112 JOB 11011061.01 CHECKED DGZ SHEET 2 OF 3 DWG 72700-12ft UE AB 2620.09' (Measured) To North 1/ 4 Comer Section 33 -45-43 Found Palm Beach County, Bross Disc Woolbright Road S89 4.3 1248.84' (SE 15th Avenue) NORTH LINE SECTION 33 -45-43 (Basis of Bearings) S89*43'15'W (Assumed) 1 112 UTILITY EASEMENT (ORB 884, PG. 459 PBCR) (ORB 881, PG. 840 PBCR) 10' UTILITY EASEMENT, 60 (ORB 1 12 1, PG. 536 PBCR) O LOT 1 'l POINT OF (PB 1, PBCR) PORTION OF THE NORTHEAST 114 BEGINNING SECTION 33-45-43 o OF FOR SKETCH OF DESCRIPTION SEE SHEET 3 LJ4 Cl) 12' UTILITY EASEMENT X v (ORB 884, PG. 459 PBCR) (ORB 881, PG. 840 PBCR) - - - - - - - - - - - - -- L - - - - - - - - - - - — O ENT omer -45-43 Beach > Disc SCALE: 1 " = 200' (Intended Display Scale) DATE: REVISION. • BY 08120112 REVISED PER CITY COMMENTS MR0 (NOT A SURVEY—DESCRIPTION AND SKETCH ONLY) 0MCE MRG DATE 03106112 JOB 11011061.01 CHECKED DGZ SHEET 2 OF 3 DWG 72700-12ft UE AB ..,.,, .r...,.. ,, ., . WGI Wantman Group, Inc. Engineering .• Planning •O Surveying • ®• Environmental 2035 141STA PARKWAY, SU17E 100, WEST PALM BEACH, FL 33411 (866) 909 -2220 phone (561) 687 -1110 fax CERTIFICATE OF AUTHORIZ477ON No. LB 7055 -_ ORLANDO — PORT ST. LUCIE — TAMPA SCALE: 1 " = 60' www.wantmangroup.com DESCRIPTION do SKETCH (Intended Display Scale) PREPARED FOR: EDENS FOR POINT OF COMMENCEMENT SEE SHEET 2 - 1 LOT 1 1 (PB 1, PG. 4, PBCR) pi ' ' PORTION OF THE NORTHEAST 114 O h ' OF SECTION 33 -45 -43 12' UTILITY EASEMENT (ORB 884 PG. 459 PBC 881, PG. 840 PBCR) 12' UTILITY EASEMENT (ORB 884 PG. 459 881, PG. 840 PBCR) ' r, EASEMENT C O O v O O ku W ' REVISION. N89'43' 15 "E 355.87' t j 3F -2 ORB PBCR PB PG. R/W U. E. o POINT OF TERMINUS Center line = Official Records Book = Palm Beach County Records Plat Book Page = Right —of —Way = Utility Easement NN 08120112 REVISED PER CITY COMMENTS MRG (NOT A SURVEY — DESCRIPTION AND SKETCH ONLY) OFFICE MRG DATE 03106112 JOB 11011061.01 CHECKED DGZ SHEET 3 OF 3 DWG 72700 -12ft UE A6' POINT OF BEGINNING EXHIBIT Fwcvlv Corditions Approval Project nail'ie: Sunst",ine Square File nurnber ABAN 12-0021 Reference: DEPARTMENTS, INCLUDE REJECT ENG,tNEE ICJ NGiPUBLIC WORKS/ UTILITIES i ents� None FIRE omments: None POLICE Comments None - — - — ---------- - --- BUILDING DIVISION Y. Comn None PARKS AND RECREATION ommenis: None PLANNING AND ZONING m" Crar7i,e 'N' c ADDITIONAL PLANNING DEVELOPMENT BOARD CONDITIONS Con To he determ ned. ........ . ,,-,-,",ADDITIONAL CITY COMMISSION CONDITIONS Comments: To Ise delern . ..... .... . .. SquarvABAN E2-001°,C0A.'bJo2 ill E�] 11 1 1 1 - 11 PROJECT NAME: APPOCAN'T'S AGENT' AGENT'S ADDRESS Surishin qurare Abandonment of Wility Easen (ABAN 1 James N14 A & E SUnishinp, Square, LLC `1221 Main Sllireet,,Srite 1 CoWnribia, SC 2-0201 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, -lorl' & December 4, 2012 lf� e TYPE OF RELIEF SOUGHT. Abandonrrient of a podbri of a UNity Easen (AB AN 12-001) at 501 SE 18"' Avenue, Sunshine Square Shoppgig Ceriter, zoned C-3 (Corimiunity nrrrrraial j. LOCATION OF PIROPERTY� 50 1 SE 18"Aver DRAWING(S), SEE EXHIBIT "El'ATTACHED HERETO. THIlS MATTER came on to be heard belore the City CQMF`11155MI Of the City of Boynton Beach, Florida an the date of hearing stated above- The City Corrmilission having considered the relief -,ought by the applicant ard heard 1eqtiniciny fron-, the applicant.. members of city admiriistratiwe staff and the public finds as follow"'a 11. Application for the relief sought was inade by the Applilcaill in a manner consistent with the requirements of the City's Land DerVelopMent Regulations 2, The Applicant HAS HAS NOT estabipshed by SUbsantial competent evidence a basis for the relief requested 3. The conditions for development requesled by the Applicant, administraitive, staff, or SLIggested by the pubfic aria supported by substantial competew evidence are as set forth on Exhibit 'D" with notation "Included" 4 The Appkant s applicaWn [or relief is hereby GRANTED subject to the conditions r0erenced in paragraph 3 hereof, DENIED 5 6 7 This Order shall take effect init upon issuance by 11he City Clerk.. All further development on the properly sJialli be made in accordance with the terms aned conditions of th s order, Other: DATED: City Clerk