APPLICATION
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IN THE CIRCUIT COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR
PALM BEACH COUNTY.
CASE NO. 82-1005 CAlL) 01 C
SOUTHEASTERN P^LM BEACH C'
HOSPITAL DISTRICT d/b/a 8 .",
MEMORIAL HOSPITAL,
'f,
IS.
: ITY OF 1l0YNTON BEACH,
Defende.lt.
/
STIPULATION
The SOUTHEASTERN PALM BEACH COUNTY HOSPITAL DISTRICT d/b/a BETHESDA
I'ILMORIAL HOSPITAL and the CITY OF BOYNTON BEACH, Boynton Beach, Florida, do
hrreby stipulate JS follows:
WHEREAS, the Hospital and the City are currently engaged In the above
styled suit to determine, among other things, whether the Hospital can compel a
change In the zoning classification to permit a Hospital use of contiguous pro-
perty lying north of the Hospital currently zoned R-IAA; and
WHEREAS, the Hospital has presented to the City a proposed settlement of
t~ls suit, which Includes not only a long-range solution to the Hospital parking
ald traffic prOblem, but the acquisition of additional property for future
I' .spital expansion pursuant to the plan. After conSidering the proposal, the
C ty Council has concluded that conceptually the proposed general plan, per-
n ttlng the future Hospital development of that property, may be In the best
,t~rest of the Hospital and the residents of Boynton Beach, If It Is effec-
~ely Implemented. The parties, however, understand that the Hospital's pro-
!ed PUO application wIll be subject to the City's plannIng and zoning re.lew
pi t cess,
The parties, therefore, do hereby stIpulate that the Hospital wIll sub-
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insofar IS possible. There, however, will be no direct fngress and egress frO'...
this property through the surrounding residential neighborhoods or to Southwest.
2nd Street.
#.It::- C. The building shown as part of Phase 2 on Exhibit B shall consfst of
not more than three floors, ~5,OOO usable square feet, and a height 11~ltatlon
of 25 feet over the average grade (measured at the top of the roof level,
exclusfve of mechanfcal appurtenances). The locatfon and screening of both the
bulld1ng and parking will be subject to the approval of the City to Insure the
res1dent1al character of the surroundfng res1dentlal neighborhoods Is not adver-
sely affected.
D. Except for the Radlat10n Therapy complex, all buildings lyfng wfthln
the above-described property shall be used o~ly for one or more of the us~s spe-
clf1caly descr1bed 1n the attached Exhfblt 4. In addition, those uses shall be
further subject to the specff1c performance standards 01 the Boynton Beach Code.
2. The Hospital has agreed that this planned use of the propert.y by the
Hosp1tal shall not be changed 1n the future, and there shall never be a more
fntense use of the property th~n fs contemplated by this current plan. This fs
a mater1al fnducement to the City to enter fnto this St.pulatlon to Insur~ the
continuing attractive, resldentfal character of the surroundtng neighborhoods.
3. All building. park~ng facl1ftles. landscaping, drainage requfre-
ments. exterior lfghting facilities and other like Improvements shall be
designed fn such manner to meet the applfcable Boynton Beach general code
requfrements as they may be fn force at the tfme of obtaining the building per-
mits for such fmprovements.
4. The Hosp1tal agrees to 1mmedfately take the necessary steps to have
the Injunctfon removed. thereby permlttfng the abandonment of Southwest 2nd
Street lying south of Southwest 25th Avenue and north of an easterly e~tensfon
of the south line of Lot 19 of BENSON HEIGHTS, a Subdtvisfon of part of Section
33. Townshfp 45 South, Range 43 East, as recorded In Plat Book 24. page 51. of
the Public Records of Palm Beach County. Florfda.
5. The parties have agreed that this Stfpulatfon wfll be Implemented
Immediately, and the City shall act In good fafth on the Hospital's pun applfca-
tlon as soon as possfble. The parties further agree that this Stfpulatfon wfll
be Immedfately presented to the Court, wfth the understandfng that the lltlga-
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mlt a PUD appllcatlon whlch wll1 fnclude the followfng specfffc conslderatfons:
1. The entlre parcel whfch ls set forth fn the attached Exhlblt 1 may
be developed, lf approved by the Clty Councll, by the HospItal In two phases.
The suggested fIrst phase Is depIcted on the archftectural renderIng prepared by
the HospItal archItects/engIneers - Hennlngson, Durham & Rlchardson - attached
as ExhIbIt 2, and the suggested second phase ls sImIlarly depIcted on the archI-
tectural renderlng attached as Exhlblt 3.
Phase 1 conslsts of the constructlon and plantIng of the 40-foot wIde
landscaplng barrIer, fnstallatlon of the parkIng faclllties shown on ExhIbIt 2,
construction of the Radiation Therapy complex which slightly encroaches on this
property at Its sGJthern end, renovatIon of the exIsting residential dwelllngs
for Iie'pltal use, construction of the access road to Southwest 23rd Avenue u
shown on Exhlblt 1, together wlth the installation of the necessary drainage
facl1ities for the entire parcel to meet Boynton Beach city code requlrements.
Phase 2 conslsts of constructlng the bul1dlng and the addItIonal parkIng
facllltles as shown on Exhlblt 3.
Phases 1 and 2 shall be subject to the followIng addItIonal
considerations:
A. The 40-foot landscapIng areas on the east and west side of the pro-
perty shall conslst of a soil berm not less than slx feet in height, wIth a
meandering 6-foot-Lhain link fence (screened by shrubbery from the adjolnlng
resIdences) and dense trees and foliage plants consistIng of such slzes and
varletles as m4Y be required by the City of Boynton Beach to provide an aesthe-
tlcally pleasing visual and noise barrIer for the surroundlng resldents. The
Hospital will submit a landscaping plan graphically deplctlng the plantIng and
landscaplng lmprovements to the 40-foot landscapfng area for the Cfty's
approva 1.
B, The two existing residential dwellings shall be subject to the
40-foot landscaping berm requirement but may be used by the Hospital for
Hospital purposes, with such additions and renovations as,m4Y be necessary to
conform these resfdentlal dwellings to Hospftal use. All such renovatfons and
addltfons shall be subject to the approval of the Boynton Beach Building
Department and fts building code requirements, and shall be carried out in such
a manner as to retain the residential character of theIr exterIor appearance
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insofar IS posslb'.. Th.r., however, will be no direct ingress Ind .gr.ss fr~
this property through the surrounding residential neighborhoods or to Southwest
2nd Street.
C. The building shown as part of Phase 2 on Exhibit B shall consist of
not more than three floors, '-5,000 usable square feet, and a height 11~ltatlon
of 25 feet over the average grade (measured at the top of the roof level,
exclusive of mechanical appurtenances). The location and screening of both the
building and parking will be subject to the approval of the City to Insure the
residential character of the surrounding residential neighborhoods Is not adver-
sely affected.
D. Except for the Radiation Therapy complex. all bu11dlngs ly1ng wlthfn
the above-described property shall be used o~ly for one or more of the us~s spe-
clf1caly descr1bed 1n the attached Exhibit 4. In addition, those uses shall be
further subject to the specific performance standards 01 the Boynton Beach Code.
2. The Hospital has agreed thlt thh pllnned use of the property by the
Hospltll shill not be chlnged In the future, Ind there shill never be I more
Intense use of the property than 1s contempllted by this current plan. This Is
I mater1al 1nducement to the City to enter Into this Stlpulatlon to lnsur~ the
continuing attractive, residential character of the surrounding nelghbnrhoods.
3. A11 bulldlng, park.lng fac111tles, landscaping, drainage require-
ments, exterior lighting facilities and other like Improvements shall be
designed In such manner to meet the applicable Boynton Beach general code
requirements IS they may be 1n force at the time of obtaining the building per-
mits for such Improvements.
4. The Hospital agrees to lmmed1ately take the necessary steps to hive
the 1njunctlon removed, thereby permitting the Ibandonment of Southwest 2nd
Street lying south of Southwest 25th Avenue and north of an easterly extens10n
of the south 11ne of Lot 19 of BENSON HEIGHTS, I Subdivision of plrt of Section
33, Township 45 South, Ringe 43 East, as recorded In Plat Book 24, page 51, of
the Public Records of Palm Beach County, Florldl.
5. The parties have agreed thlt this Stipulation will be Implemented
Immediately, Ind the City shall act 1n good faith on the Hospital's PUD applica-
tion IS soon as possible. The parties further agree that this Stipulation will
be Immediately presented to the Court, with the understanding that the 11tlga-
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