AGENDA DOCUMENTS
AGENDA DOCUMENTS
MINUTES - CITY CCII4ISSION MEETING
BOYNTON BEACH. flORIDA
JANUARY 17. 1995
associations throughout the City. She stated that the item added to tonight's
agenda came as a surprise to Mayor Graham. Mayor Graham only found out this
afternoon that this matter may be added to the agenda. She was unable to attend
this meeting because she had to attend the West Palm Beach City Commission
meeting this evening. Ms. High stated that the entire City of West Palm Beach
is opposed to this direct connector, not just one neighborhood, and that
Commissioner McCarty is well aware of this. Ms. High read a letter that Mayor
Graham sent to our United States senators, opposing the direct connector.
Ms. High advised that Mayor Graham requests that Boynton Beach not pass any
resolutions concerning this issue without giving equal time and prior notifica-
tion so that all sides may be heard. Ms. High expressed the same sentiments for
several neighborhood associations. She stated that this is all of our tax money
($67.7 million Federal, $18 million State and County, $16 million from Palm
Beach International Airport, and $2 million in City funds). It would cost in
excess of $100 million to build this direct connector. She pointed out that
Belvedere Road and Southern Boulevard are already up for improvements.
Motion
Mayor Pro Tem Bradley moved to direct the City Attorney to draw up a resolution
reflecting the support of the PBIA direct connect, otherwise known as FOOT
project 3A-2. Vice Mayor Matson seconded the motion.
Commissioner Katz felt the City of Boynton Beach should stay out of this matter,
which he feels is going to disrupt the lives of hundreds or thousands of resi-
dents in the City of West Palm Beach.
The motion carried 3-1. Commissioner Katz cast the dissenting vote.
VI. PUBLIC HEARING
Description:
WOOlbright Professional Center
John G. Glander
Woolbright Professional Center (partnership)
Woolbright Road at L.W.D.D. E-4 Canal, southwest
corner
Land Use Element Amendment/Rezoning: Request for a
map amendment to the Future Land Use Element of the
Comprehensive Plan from Office Commercial to Local
Retail Commercial and rezoning from C-1
(Office/Professional) to C-2 (Neighborhood Commercial)
l..ic./f,f ;iJ ff-o/2
A. Project Name:
Agent:
Owner:
Location:
Mayor Harmening pointed out that the Planning and Development Board voted 6 to 1
to deny this.
Tambr1 Heyden, Planning and Zoning Director, stated that this is a request for a
vacant 2.61 acre parcel located at the southwest corner of Woolbright Road and
the L.W.D.D. E-4 canal to be rezoned and that the future land use element
- 10 -
MINUTES - CITY CCII4ISSION MEETING
BOYNTON BEACH. FLORIDA
JANUARY 17. 1995
designation be amended. The current land use and zoning is office/commercial
and C-l, respectively. The applicant is requesting that the property be rezoned
to C-2 (neighborhood commercial) and that the future land use map designation be
correspondingly changed to local retail commercial due to his contention that
there is an existing surplus of office space and that there is a current sup-
portive demand for commercial property in the vicinity.
The property was rezoned from C-4 to R-l-AA in 1980 when it was decided to
relinquish the original intent for this site as boat storage for residents of
Boynton Beach Le1sureville. In 1987, the property was rezoned from R-1-AA to
C-1 to be developed for a 26,550 square foot professional/medical office
complex. A site plan was filed for approval and then was withdrawn. There has
been no activity on the property since then.
Ms. Heyden reviewed the current land use and zoning of the surrounding area, and
some of the criteria for evaluating land use plan amendments and rezon1ngs.
Commissioner Katz asked Ms. Heyden to explain some of the uses that are allowed
in C-2 as opposed to C-1. Ms. Heyden stated that primarily, the C-l zoning
district is a professional business/medical office district. In addition, there
are a handful of other uses that are non-office related, such as financial
institutions, hospitals, veterinary offices, nursery schools, etc. She referred
him to the comparison on page 9 of the staff report. The C-2 zoning district is
a light commercial zoning district and is geared toward neighborhoods. It is
usually located adjacent to neighborhoods and sometimes within neighborhoods,
havtng access through them. Therefore, .the uses selected for that category are
sensitive to the kinds of impacts that are associated with those uses, such as
grocery stores and personal services.
In response to Commissioner Katz, Ms. Heyden advised that gas stations are
allowed subject to conditional use approval.
NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT
AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING
CLOSED.
Mayor Harmening described the location of this property to someone in the
audience.
Motion
Commissioner Katz moved to deny the rezoning from C-l (office/professional) to
C-2 (neighborhood commercial) for the Woolbright Professional Center. Vice
Mayor Matson seconded the motion.
Until such time as it is clearly determined what the use would be in C-2, Mayor
Harmening would not be in favor of a zoning change.
The motion carried 4-0.
- 11 -
MINUTES
PLANNING AND DEVELOPME~. JOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
1. Sears Auto Center - This project went before the City Commis-
sion on December 20th. With four Commissioners in attendance,
a 2-2 vote resulted, which is neither considered a denial or
an approval. The project did not move forward. At the
January 3rd City Commission, Mayor Pro Tem Bradley requested
that the project be reconsidered. With five Commissioners
present, the project was approved subject to staff comments,
with the exception of construction of the wall. In lieu of
the wall, additional landscaping along the north property line
and the northeast property line were required. Further, the
City Commission has required that the dumpster enclosure be
widened to accommodate the second dumpster.
2. Abandonment for the Vinings - This abandonment was unanimously
approved by the Commission subject to staff comments.
3. Citrus Park Time Extension - The City Commission approved the
six-month time extension subject to staff comments.
B. Filing of Quarterly Report for Site Plan Waivers and Minor Site
Plan Modifications
There were no questions from the members with regard to the filing of the
Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications.
OLD BUSINESS
None
NEW BUSINESS
A. PUBLIC HEARING
LAND USE ELEMENT AMENDMENT/REZONING
Description:
Woolbright Professional Center
John B. Glander
Woolbright Professional Center (partnership)
Woolbright Road at L.W.D.D. E-4 Canal,
southwest corner
Request for a map amendment to the Future Land Use
Element of the Comprehensive Plan from Office Com-
mercial to Local Retail Commercial and rezoning
from C-l (Office/Professional) to C-2 (Neighborhood
Commercial).
1. Project Name:
Agent:
OWn e r :
Location:
Mr. Rumpf made the presentation. The current designation restricts development
to office and professional businesses, whereas the proposed zoning would also
allow small commercial facilities of a retail convenience nature.
- 2 -
MINUTES
PLANNING AND DEVELOPMEN. JOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
With regard to the history of this site, the subject property was rezoned from
C-4 to R-1AA in 1980. In November, 1987, it was rezoned from R-1AA to C-1 to
allow for the development of a 26,550 square foot professional medical/office
complex consisting of two separate single-story structures. As conditions of
ultimate site approval, staff recommended, when rezoned, that the standard
buffer wall be placed on both the south and west sides of the property, parking
lot lighting located along the perimeter be directed away from existing resi-
dences, and that the development be limited to a height of one story. Although
the rezoning was approved, the site plan was not fully processed. The surplus
of office space was recognized at the time of the previous rezoning; however,
the proposed medical uses constituted a slightly different market than those in
abundance in the area.
Following is a list of the current/adjacent land uses in the area:
Direction
Use
Zoning
North and Northwest
Farther North
East
Farther East
South and West
Farther Northwest
Woolbright Road
Chua Eye Clinic
L.W.D.D. E-4 Canal
Boynton Comm~rce Center
Boynton Beach Leisureville
Leisureville Center Shopping
Plaza
N/A
C-l
N/A
PID
R-1AA
C-2
Mr. Rumpf added that the Shoppes of Woolbright PCD and the Home Depot project
are also nearby.
Mr. Rumpf addressed the review criteria as noted in Planning and Zoning Depart-
ment Memorandum No. 94-379 dated January 4, 1995, to the Chairman and Members of
the Planning and Development Board.
The Planning and Zoning Department recommends that the application submitted by
John G. Glander be approved based on the following:
1. The proposed amendment and zoning would be consistent with the
Comprehensive Plan objectives and policies;
2. The proposed amendment would not be contrary to the established
land pattern;
3. The requested land use and zoning would be compatible with
capacities of utility systems, roadways, and other public
facil ities;
4. The proposed land use and zoning would be compatible with the
current and future use of adjacent and nearby properties and,
would not affect the property values of adjacent or nearby
properties; and
- 3 -
- MINUTES
PLANNING AND DEVELOPMENl dOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
5. The proposed land use and zoning is of a scale which is reasonably
related to the needs of the neighborhood and the City as a whole.
The Planning and Zoning Department further repeated the conditions which were
placed on the rezoning when this parcel was rezoned to C-1 and recommends that
those conditions be applied. They are:
1. Distances between the future commercial building{s) on the subject
property and the adjacent existing homes be maximized;
2. Construction of the required six foot high concrete block wall along
the southern and western property boundaries;
3. Parking lot lighting be directed away from adjacent residences; and
4. Building height be limited to one story (15 feet).
Mr. Golden asked for clarification on whether there is a vacant, as well
developed parcel, on the C-1 property across the E-4 canal to the east.
Rumpf confirmed that the Paychex Office Building is only one-half of the
building site plan which was originally approved on the property.
John Glander, Real Estate Appraiser, displayed photos of the property and the
neighborhood. He explained that the subject of rezoning arose because the prop-
erty does not appear to be marketable. He made an inspection of office build-
ings in the neighborhood to determine their vacancy factor. The vacancy factor
is a great deal higher than he expected. He stated that there is no market for
office space at the present time.
as a
Mr.
office
Mr. Glander also displayed an artist's rendering of a project which the owner
has in mind for the parcel; however, there is no tenant for that property yet.
The owner would like to keep the character of the neighborhood similar to what
it is currently.
Mr. Rosenstock pointed out that C-2 zoning encompasses auto service stations
without major repairs, car washes, taxicab offices, fabrication, installation or
furniture slipcovers, laundromats, beer and wine sales, etc.
Mr. Glander said the owner is interested in having uses that would
with the market. The owner is trying to interest people who would
ice the homes in the area and be compatible with the neighborhood.
interested in changing the character of the area.
be compatible
like to serv-
They are not
Mr. Rosenstock referred to the staff report and read from the IISite History".
This property has already been rezoned twice. Now there is another recommen-
dation to rezone it. He questioned how the Planning and Zoning Department could
say we need another shopping center because the nearest shopping center is a
mile away. He pointed out that most people in the nearby community have cars or
have access to the new transit system. Mr. Rosenstock feels a decision must be
made regarding how this City should look. He stated he does not want to be a
part of a proliferation of gas stations and strip shopping centers. He will not
be a part of making Congress Avenue, from the L-30 Canal to the northern boun-
dary, another IInorthern New Jerseyll. He will not support this request.
- 4 -
MINUTES
PLANNING AND DEVELOPMENl dOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
Mr. Golden asked Mr. Glander if he had submitted a market study or analysis
which would support his contention. Mr. Glander responded negatively and said
he has been doing this work for thirty years. He had wanted to do a direct mail
campaign to the owners to determine what they would like to see developed in the
area. Mr. Glander said this is a commercial piece of property from the stand-
point of the market. The assessment has been reduced twice in the last two
years. There is no market for office space. Mr. Glander stated that he met
with Mr. Bill Lynch to explain his intentions. He was seeking input from the
surrounding residents and they appeared interested in working with him.
Mr. Golden advised that he has read recent articles which attest to the fact
that office rates are decreasing significantly in the County. Mr. Glander said
the rates are decreasing severely. Much of the space which was $10, is now $8.
Chairman Lehnertz noted that the staff report contained comments with regard to
the vacancy rate in the office/professional buildings. He questioned whether or
not Mr. Glander had done a survey of the vacancy rates of C-2 and C-3 zoned
buildings. Mr. Glander said he did not find much C-2 in the area.
Chairman Lehnertz pointed out that there is a significant amount of vacancies in
all types of commercial buildings. This Board has seen situations where a shop-
ping center or strip mall will offer discount rates for rents which lure tenants
from a nearby center into their center. The places these tenants leave become
vacant. A year or two later, a new shopping center comes in and lures those
tenants again, resulting in a situation much like the one which occurred the
year before. Chairman Lehnertz said he would have liked to have seen a statis-
tical analysis which would have included C-2 as well as C-1.
Mr. Glander said he contacted the Building Department to learn how many building
permits were issued for office buildings. The Building Department informed him
that no permits were issued in the past two years. He pointed out that Leisure-
ville Shopping Center has had only one vacancy. In talking with the merchants
in that center, Mr. Glander learned that they were happy with the location.
Because of the 2,500 homes in Leisureville, Mr. Glander feels this location
would be perfect for another small shopping center.
Mr. Rosenstock felt it was unfair of Mr. Glander to appear before the Board
requesting a zoning change without having done valid research with regard to the
need for office buildings and shopping centers. Although he appreciates the
effort to market that property, Mr. Rosenstock feels the Board has an obligation
to protect the City and its residents.
Mr. Glander said he met with the Board at Leisureville on two occasions to
inform them of what was intended for this property. Leisureville consists of
fairly high-income people which presents an excellent market. If a shopping
center is built, these residents will be able to walk to it. This property will
eventually be developed, and Mr. Glander feels it would be much more beneficial to
develop it in a manner which would please the nearby residents.
Mr. Rosenstock pointed out that no petitions were received from Leisureville
either in support or opposition of this request.
- 5 -
MINUTES
PLANNING AND DEVELOPMEN) ~OARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
Vice Chairman Dube wondered whether or not the residents of Leisureville are
aware of all of the uses permitted in C-2 zoning. In reviewing the list of uses
permitted, the only thing that area would need would be a gas station or repair
shop. He pointed out that although Leisureville Shopping Center is a very suc-
cessful center, it is the meat market which draws people to it. Probably more
than half of the peopl~ serviced by the meat market in that center are not from
Leisureville.
Mr. Golden referred to the information boards Mr. Glander presented earlier in
the meeting which showed the vacancy rates in the office buildings. He realizes
that the vacancy rates are primarily in the larger, multi-story type office
buildings. He pointed out that what would be allowed under the current zoning
would be smaller office buildings in different categories. Some categories have
higher vacancy rates than others. This is an issue which must be considered.
There is a good deal of property in the City which is undeveloped, and the
reasons for that vary from property to property.
Mr. Weigle stated that there are objectionable uses associated with the C-2
zoning designation. If the Board were to recommend approval of the rezoning,' he
inquired as to what assurances would be provided guaranteeing that no objection-
able uses would be developed.
Mr. Glander said he would assure the Board with stipulations from the owner that
no gas station or other objectionable use would be developed. He will advise
his client that stipulations are required.
Bill LYnch. 1912 SW 16th Avenue. President of Boynton Leisureville. said a
meeting was held on December 8th with the residents who abut the property. They
were in favor of having this project move forward. However, Mr. Lynch does not
believe they understood the full ramifications of what could be developed on
that property. Mr. Lynch feels stipulations would be in order before any agree-
ment is made so that no gas stations or objectionable use could be developed.
If such a situation cannot be worked out, Leisureville will go against the proj-
ect at the City Commission level.
Mr. Lynch stated he is not objecting to the project as long as the stipulations
are met and agreed to by Leisureville and the developer.
THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
Mr. Golden pointed out that the Board does not have any stipulations available
tonight. Further, there is an issue of contract zoning which the City Attorney
would have to investigate.
Chairman Lehnertz explained that contract zoning is illegal. While there may be
a possibility of something coming before the Board in the future, he does not
believe the Board could accept a blanket statement that the owner would like a
compatible development as a binding statement.
Mr. Weigle stated that there have been times when a developer has wanted a proj-
ect to go through a rezoning, that he comes before the Board with the drawn
- 6 -
MINUTES
PLANNING AND DEVELOPMENl JJARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
plans showing what will be developed. The residents of the area are then aware
of the plans. Regardless of whether office or retail is developed, if it is a
good project, it will be more aesthetically pleasing than the vacant lot which
now exists. He suggested that the applicant bring the entire program before the
Board. Once zoning is granted, it is illegal to stipulate what can or cannot be
put on that property.
Mr. Glander said he will make every effort to give the City what it wants.
Chairman Lehnertz feels that this applicant came before the Board saying that
because the property has not been developed for a certain number of years, it is
unusable and unmarketable under the current zoning. He recalled the situation
with Casablanca Apartments on Boynton Beach Boulevard. That property was zoned
as a multi-family residential area. Over a period of four to six years, the
Board saw between four and five applications by people who said the property
could not be developed or marketed as residential and must be changed to commer-
cial. The Board and City Commission did not agree. Casablanca Apartments now
exist on that property.
Further, Page 4 of the staff report states additional land for retail develop-
ment exists to the east of this site at the planned Shoppes of Woolbright proj-
ect, and to the west of this site at the corner of Congress Avenue and
Woolbright Road. Chairman Lehnertz feels this proves that there are nearby
areas already zoned for the type of development which is being proposed by Mr.
Glander. Those areas should be allowed to be built rather than changing the
zoning on this parcel.
Chairman Lehnertz offered his remarks regarding the staff recommendation. The
following are his responses to staff recommendations. (The numbers refer to
those contained in the staff report.)
#1 He does not believe this amendment would be consistent with the
Comprehensive Plan objectives and policies. If the Comprehensive
Plan were reviewed, this request would not fall under the Compre-
hensive Plan policies.
#2 He believes granting this request would be contrary to the
established land use pattern and would grant a special privilege
to an individual property owner. He referred to the C-1 parcel
which is only partially developed. All three parcels should
be included in a Comprehensive Plan evaluation rather than just
looking at them individually. He feels that if this request is
granted, a request to rezone would be received immediately rela-
tive to the parcel on the east.
#4 He does not agree with the remarks by staff in Item #4. There are
a large number of uses in the C-2 zoning designation which would be
highly detrimental to the residents of the community and would not
be compatible with a residential area.
#5 He feels it would be difficult to find many uses in this shopping
strip which would be useful. Mostly everyone in this community
drives or has access to the bus.
- 7 -
"
MINUTES
PLANNING AND DEVELOPMEN) dOARD MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
In addition, Mr. Golden painted out that another use which could go into a C-2
designation with conditional use approval would be a drive-thru restaurant.
Ms. Heyden said that this proceeding is a quasi-judicial proceeding and as such,
she must state for the record that her office and the Board Chairman had contact
this morning. However, no additional information was provided which is not in
the staff report or which was provided to the applicant.
Mr. Walsh feels this parcel of land is an eyesore. It has been vacant for many
years. Although he is concerned that a proper use is put in this location, we
are receiving little or no tax money is being realized from that property. The
owner will spend about $500,000 to develop the parcel in anticipation of renting
it out to commercial establishments. He does not feel a person who spends that
much money on a piece of property would put in a gas station or any other objec-
tionable use. If the drawing is indicative of what will be built, it would be
an asset to the area residents and would be in the best interest of City resi-
dents in terms of taxes. He will .vote in favor of this request, subject to the
stipulations which can be worked out through the City Attorney.
Mr. Rosenstock felt Mr. Walsh's remarks were out of order since nothing was pre-
sented by the applicant relative to exactly what will be built on the parcel.
Chairman Lehnertz feels every Board member has a right to share his opinion.
Motion
Mr. Rosenstock moved that Page 1, Item 7.A.!, "Woolbright Professional Center",
the petitioner's request be denied and that the Board vote in the negative and
not grant the change in zoning from C-1 to C-2. Mr. Golden seconded the motion,
which carried 6-1. (Mr. WalSh cast the dissenting vote.)
Annexation Program Application '1
Windward PUD
Property owners within the Windward PUD
1110 acres at the northeast corner of Military
Trail and Gateway Boulevard.
Request to show annexed land as Low Density
Residential and rezone from RS-SE (Single-
Family Residential - Special Exception) in Palm
Beach County to PUD (Planned Unit Development)
Mr. Rumpf made the presentation. This application is part of the City's
current efforts to annex western properties through the Annexation Program. On
October 18, 1994, the City Commission directed staff to continue implementing
the Annexation Program by annexing the next group of eligible properties which
are identified as Phase 2-Group 2. The Windward PUD is one of four (4) eligible
properties now being recommended for annexation.
2. Project Name:
OWner:
Location:
Description:
Windward is a County-approved PUD that comprises approximately 110 acres located
at the northeast corner of Military Trail and Gateward Boulevard. The master
plan includes two single-family residential areas (Palm Shores consisting of 222
- 8 -
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-014
Agenda Memorandum for
January 17, 1995 City Commission Meeting
TO: Carrie Parker
City Manger
FROM: Tambri J. HeYden~
Planning and Zoni~~irector
DATE: January 12, 1995
SUBJECT: Woolbright Professional Center (LUAR #94-012)
Ordinances for Land Use Amendment, and Rezoning
Please place the above-referenced items on the January 17, 1995
city Commission meeting agenda under Legal - ordinances, First
Reading. Since this item is considered a "small-scale" land use
amendment the corresponding ordinance may be adopted prior to
review by the Department of Community Affairs (DCA), and therefore,
making the Land Use Element amendment eligible for the abbreviated
review schedule. In order to save additional time, it is requested
that these ordinances be considered on First Reading at the same
meeting when the City Commission will have their initial review of
the Woolbright Professional Center items under Public Hearing.
DESCRIPTION: See Department Memorandum #95-007
RECOMMENDATION: Staff recommends approval of these ordinances for
First Reading.
TJH:mr
Attachments
ANX~'WOOLO~DB.AGM
PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-007
Agenda Memorandum for
January 17, 1995 city Commission Meeting
FROM:
Carrie Parker
City Manger
Tambri J. HeYden~
Planning and Zoning Director
.
TO:
DATE: January 11, 1995
SUBJECT: Woolbright Professional Center (LUAR #94-012)
Applications for Land Use Amendment, and Rezoning
Please place the above-referenced items on the January 17, 1995
City Commission meeting agenda under Public Hearing.
DESCRIPTION: John Glander, agent for the property owner,
Woolbright Professional Center Partnership, requests that this
2.61-acre tract located at the southwest corner of Woolbright Road
and the L.W.D.D. Canal E-4 be reclassified from Office Commercial
to Local Retail Commercial, and rezoned from C-1 (Office/
Professional) to C-2 (Neighborhood Commercial). The purpose of the
requests are to prepare the subject property for development of
neighborhood shops.
It should be noted that since this land use amendment involves
property that is less than 10 acres, it is eligible (according to
the Florida Department of Community Affairs) for processing as a
small-scale amendment. The State's review process for small-scale
amendments allows for the adoption of ordinances prior to review by
the DCA, and requires approximately 2 months less to complete
relative to the process time for a regular amendment.
Staff recommends that these requests be approved, based on the
rationale described in the Planning and Zoning Department
Memorandum No. 94-379.
RECOMMENDATION: The Planning and Development Board, by a 6-1 vote,
recommends that these applications be denied.
TJH:mr
Attachments
AN~2:VOOLO.D8.AG~
NOT ICE 0 F Z 0 N I N G C H A N G E
C I T Y 0 F BOY N TON B E A C H
PUB L I C H EAR I N G S
The City of Boynton Beach proposes to change the land use and
zoning on the property indicated on the map below. A publ ic
hearing on these proposals will be held before the Planning and
Development Board on January 10, 1995, at 7:00 P.M. at city Hall in
the commission Chambers, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida. Public hearings will also be held before the City
Commission on January 17, 1995 and February 7, 1995, both at 7:00
P.M. or as soon thereafter as the agenda permits, at city Hall in
the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton
Beach, Florida.
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WOOLBRIGHT PROFESSIONAL CENTER
PETITIONER:
AGENT:
INTENDED USE:
LOCATION:
Joseph R. Jingoli
John G. Glander
Neighborhood retail shops
2.61 acres of property on the south side of
Woolbright Road, appx 142 feet west of
Corporate Dr. (opposite Chua Eye Clinic).
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
LEGAL DESCRIPTION:
REQUEST:
AMEND FUTURE LAND USE PLAN:
From - Office Commercial
To - Local Retail Commercial
REZONE:
From - C-l Office/Professional
To - C-2 Neighborhood Commercial
REQUEST:
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS BASED.
PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
SUZANNE M. KRUSE
CITY CLERK
...Nll2:VOOLCOMM....1l
TO:
Board of Adjustment Members
FROM:
City of Boynton Beach Staff
REFERENCE:
staff Site Analysis - Boa~d of Adjustment
CASE NO. ~ ADDRESS:
#153 2240 S.W. 15th Avenue
MEETING DATE:
June 10, 1991
CURRENT ZONING:
C-3
DESCRIPTION OF PROPERTY:
See attached
OWNED BY:
Sunburst Properties Investment, Inc.
TYPE OF VARIANCE:
Front property setback
FACT S :
1. The site is the location of the woolbright Professional Building,
2240 S.W. 15th Avenue.
2. The Woolbright Professional Building is a 2-story office complex
with parking beneath the structure.
3. The applicant wishes to construct a free-s~anding sign in front of
the building, 2 feet from the property line.
4. section 21-23 (Setbacks) of Chapt.31- 21 of the Sign Code of the city
of Boynton Beach requires that .sUl s:.gns meet a minimum of 10 foot
setback, measured from the property 1i11e to the closest surface of
the ~ign (see attached section of the code).
5. Section 21-16 (Variances) of the 3oY!lton Beach Siqn code permit:;:; an
applicant to file for a variance' with the Board of AdJustment after
denia: of a sign permlt by the Building Department (see attached).
6. Application for Permit #91-1230 was submitted by Bishop Signs, Inc.
to ins tall a free-standing ground S:i.;Ill 4 foot by 14 foot, 8 foot 4
inches high and was denied 04/16/91 because it did not comply with
the setbacks.
7. Section 21-16 of the Sign code states that the Board may grant a
variance if it finds that the property has an unusual shape or
topography condition that would prevent signage allowable under the
provisions of the code to adequately identify the business or
activity located on such property.
8. This 4 foot by 14 foot sign could be installed on site and still
meet the 10 foot setback within the 29 foot front yard between the
building and the front proparty line, or the 8 foot by 10 foot sign
that was site approved 1n 1990 could be installed (It was never
constructed)' if it was setback 10 feet from the property line to
comply wlth the new Sign Code setbaCKS.
pm
Attachments
xc: City Manager
city Attorney
city Clerk
city Planner
Recording Secretary
Members - Board of Adjustment
A:FACTS2.DOC
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Ofii. ":'\7.99 P9 727
SCHEDULE "A"
1\ parcel of land in Sectlon 32, Township 4S South, Rango (tJ Cast, Palm Beach County,
Florida, moro particularly described as followsl
Comrntnc!ng at the Northwest corner of Seetion 32, thence South lft02'40" Cast (an
assumed bearing and all other be~rin9B related thereto) alon9 the West line of
Section 32 and the c~nter11ne ot Conqress Avenue 596.07 feetl thence Horth 68'00'52-
Cast parallel with the North line of Section 32 and 596.00 feet South of said North
line, 415.06 teetJ thane! North 1'02'40" HeISt, 250.03 feet to a line 53.0 feet South
of and pa.rallel with the centerline 'of Woolbright Road (also known as S.H. 15th
Avenue as recorded in Plat or Tenth Section, Palm BeAch Le1sorev111e, Plat Oook 30,
paQe 130), thence North 8S"00'52" East along- 5a1d line, parallel with the }Iorth line
ot Section 32, 161.52 teet to t.he POINT OF BEGINNIlIGI thence continue Horth
88'00'52" Cast, 161.52 feetl thence South 1'02'40" Cast parallel with the West line:
of Seot.ion 32, 605.08 feet, thence South 88'00'52" West parallel with tIle North line
ot Section 32, 335.04 feet, thence Horth 1'02'40" West, parallel with the West line
of Section 32, 241.04 feet, thenoe North 88'00' 52" Cast parallel with the Horth line
of Secti9n 32, 167.52 feetJ thence Horth 1'02'40" West parallel with the West line
ot Section 32, 364.04 feet to t.he POINT OF eDGIUUING.
LtSS AND EXCEPTING therefrom the Horth 7 feet thereot conveyed to the State ot
Flor1da for Woolbright Road is reoorded in Official Reoord Book 4481, pago
1521.
Together with a non.exclus1ve easement for the benefit of the above property over
the following described lands I
THE SOt.rrHDRLY 35 FEET or THE: FOLLOWING DESCRIBED PARCEL OF PROPERT'l, TO..HIT,
THAT CERTAIN PIDCE, PARCEL OR TRACT or LAND SITUATE, LYING AND BEING IN THE COUNTY
or PAllI BEACH, STATE OF FLORIDA, 'to WIT,
A parcel ot land ~n Section 32, Township 45 South, R~ge 43 East, lying in Boynton
Beach, Palm Beach County, rlorlda, be1ng the East 365 feet ot the ''lest 415 feet ot
the South 3SS teet of the North 951 teet of saId Beatipn 32, being more particularl)'
described as tollows I ' . .'"
.. - ........-.... .... ..-...... e. .... . . "' .... .... .. _tl' "'" . ....... ..., .-....._.. .... ....._. ._. .._ _ ,....... t..._ _ .
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From the Northwest corner of Section 32,. Township 4S"Soutn, Range 43 lJaGt, Palm
'Beach County, Florida,' said corner being on the oenterline ot t.he 100 toot wido
ri9ht oe way ot Con9reaa Avenue, run South 1.02'40w Da$t (for convenience, the Hc~t
line of said Section 32 is assumed to bear North 1~2'40" West and all bearlnos
recit.ed herein an relative thereto) a distance of. 596.01 feet to ,the intc:reectlon
of the West 11n~ ot Ga1d Section 32 with a line parallel to and 596,00 teet
Southerly trom, when measured at ri9ht angles to the North line ot said Section 3~:
thence North 88'00' 52" East along said para.llel line a distanco ot 50.01 feet to the
intersection of said parallel line with the Easterly line.'of the atoresaid 1~0 toot
w1ue right of way of Congress Avenue, the Northwest oorner and Lhe point of
beoinnin9 ot the herein described parcel of land, thence along the boundary of said
parcel ot land as tollow~, North 8S'00'52" East a distanco ot 365.05 feetJ thence
South 1'02' 40" East a distance of 355. ~5 feetl thence South 88"0' 52" ~Iest, a
dhtMce of 365.05 feet to a point '~n thel1aGterly l.ine' of the atoresaid 1"0 toot
wide ri9ht. o!....~ay. of CongresllI Avenue'" thence Uor.th....1~.2.'.40."...Wes~._a..~ong.. ~~h\ right of
way line a distanc~ of 355.05 feet to the POINT OF BEGINNING. Said lands lying and
beinq in Palm Beach County, Florida, as set !o~th in para9~aph 6 of that certain
Instrument entitled Agreement and EaS4ments, dated November 16, 1981, recorded
Deoember 4, 1981, in Record Book 3637, page 0347, ot the Public Records of Palm
Beach Count.y, Florida, and Otfi~ial Ricord Book 3631, page 0357, of the Public
Records of Palm Beach county, Florida.
LeSS AND EXCEPTING therefrom tho tl.st10 teet of said 35 foot easement as conveyed
to Palm Beach County fo~ Congress Avenue as set forth in Official Record Book 4491,
paqe 18e.
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RECORO VERIFIED .
PALM BEACH COUNTY. FLA.
JOHN a. OUNKLE '
CLEfll< O!~CUITCOURT
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the beneficial use of the building or structure upon which such
sign may be found, within ten (10) days after the business use
ceases. '
Sec. 21-16. Variances.
After denial of a sign permit by the Building Department, a
request for variance may be filed with the Board of Adjustment.
The Board of Adjustment may grant a variance if it finds that the
unusual shape or topography of the property in question prevents
signage allowable under the provisions of this ordinance from
adequately identifying the business or other activity located on
such property. The Board of Adjustment may only grant a variance
to:
(a) allow a setback less than that required under the
ordinance;
(b) allow the area and/or height of a sign to be increased
by up to twenty-five (25) percent of the maximum
allowable height or area; or
(c) allow the number of signs to be increased over the
maximum allowed by this code.
No variances may be granted to signs expressly prohibited
by this chapter.
Sec. 21-17. Exemptions.
The permit requirements of this ordinance shall not apply
to the following signs, provided however, that. said signs shall
be subject to other provisions of this code:
(a) Real estate signs not exceeding five (5) square feet in
area which advertise the sale, rental or lease of the
premises upon which said signs are located. These
signs must be set back ten (10) feet from the property
line, meet the structural wind load requirements and
must not exceed four (4) feet in height. Only one (1)
such sign is allowed per street frontage.
(b) A single residential yard sign, not exceeding three (3)
square feet in area (Beware of Dog, Watch your Step,
Name and Address, etc.).
(c) Window/door signs using less than twenty (20) percent
of the total glass area facing in anyone direction.
This area is not included in the total sign area
allowed under this chapter. These signs are not
permitted in residential zoning districts.
(d) Political signs. These signs must comply with Section
21-31(d) of this Chapter.
(e) Flags.
11
Interpretations of this chapter shall be made by the
Building Official or designee.
Sec. 21-23. Setbacks.
All signs must meet a m~n~murn of ten (10) foot setback
measured from the property line to the closest surface of the
sign. Where a building is closer than ten (10) feet from a
property line, a freestanding sign can have its leading edge one
half way between the property line and the building. Wall signs
can be on the ~uilding surface.
When an accessway intersects a public right-of-way or when
the subject property abuts the intersection of two (2) or more
public rights-of-way, all signage within the triangular areas
described below shall provide unobstructed cross-visibility at a
level between thirty (30) inches and six (6) feet. The
triangular areas above referred to are:
(a) The areas of property on both sides of an accessway
formed by the intersection of each side of the
accessway and the public right-of-way line with two (2)
sides of each triangle being ten (10) feet in length
(or more when determined to be necessary by the
Building Department), from the point of i'ntersection
and the third side being a line connecting the end of
the other two (2) sides.
(b) .The area of property located at a corner formed by the
intersection of two (2) or more';;.~'public or private
rights-of-way, with two (2) sides of the triangular
area -being thirty-five (35) feet in length along the
abutting public right-of-way lines, measured from their
point of intersection and the third side being a line
connecting the ends of the other two (2) lines.
Sec. 21-24. Signs permitted and regulated in residential zoning
districts.
(a) One (1) customary plaque not exceeding two (2) square
feet in area.
(b) On plots containing permitted nonresidential structures
or uses, a f la t or freestanding sign, not exceeding
thirty-two (32) square feet in area will be permitted.
A flat wall sign must not be higher than ten (10) feet,
nor a freestanding sign higher than six (6) feet. Such
signs may advertise the main use of the premises only.
(c) Temporary real estate signs
(1) Single Family: One (1) real estate sign not
exceeding five (5) square feet in area and no
taller than four (4) feet is allowed per street
frontage.
15
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81 SHOP ':~ I c,l~-:; H'~:,
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3(1) F'(ll
CITY OF BOYNTON BEACH
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BOARD OF ADJUSTMENT APPLICATION
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Submittal Deadline: Five (5) weeks before meeting date
Pl...~ase print or ~ SU,pmittal date :~l~~~_"':"s_'t')(H
'.rile undersigned OWner ( s) hereby respectfully petition ( s ) the Board (.If
Adjustment to grant to petitioner{s) a special exception or variance to
the existing Zoning or ;Slgn Code of ,$aid City ,pertaining to the
property hereinafter descr~bed and in sU~P9it thereof s~ate(s):
Property involved is 'described as fol'l6Ws:
,'Subdivision
k,;~~.~.',~;,
~xW PT.~ ~EF. ATTAr.ltED
LEGAL DESCRIPTION.
Block
Plat Book
,:'-/ ~/'~';
, . pa.ge
or otherwise described as follows:
Property Address 2240 S.W. 15th Ave., Boynton Beach, FL. 33426
The following documents are required, to ..be submitted with this
application to torm a single package. I!lcomplete package will not be
accepted:
J' 1. ~~.~al;.~d_slL~Y by a registf~red surv~!yor .in the State of: Florida,
not ov~r six (6) months old, indicating:
h. All property lines
B. North ~irrow
c. E:xistinq structures and paving
D.. Existing elevations
&. Rights-of-way, with elevations
F. . Easements~on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal description .
1. Number of acres to the nearest pne-hundredth (1/100) of an acr.e
J. Location sketch of property
K. Surveyor's Certificate
~./ ~~ite ~~an properly dimensioned. and, to scale showing:
A. All proposed stru,r-tures M
B. All eXisting str'tic~lres that are to remain on si te
C. Setback. lines for all. structures drawn peL'pendic1l1at from the
properly lInes' to the closest vertical wall of structures
D. Use of each structure (or uses withln mUlti.ple Occ\.lp~:mcles)
E. Use of adjacent properties including right-of-way lines for all
streets and alleys, sidewalks, turn lanes and drivewaY5
F. Elevations of the lowest finished floor of all structures on
the site
3. j Certified list of names and post offi.ce addresses of property
owners and legal descriptions of their property within 400' feet. of
subject property, as reco~ded in the County Courthouse. such list
Shall be accompanied by an Affidavit (see attached) stating t.hat t.o
the best of ~he applicant's knowledge~ ~aid list is complete and
accutat.e.
4./
Proof of ownership of property
purchase contract' agreement.
I?e~.t\::ion.I.._~ notarized copy of a
accompany the petition.
S.... Statement of special' conditions, hardships or reasons justifying
the requested' exoeption or variance. . Respond to the six (6)
Questions below (A-F) on a separate sheet L~!~ase print or type):
by petitioner ( s), such as deed or
If an agent is sUbmitti,ng __thE!
letter designating him as such nw~t
A.
That special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which
are not applicable to other lands, structures or buildings in
the same zoning district;
,
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APR 26 '91 01:03
B! SHOP S) Gt'6 [I'le.
300 P02
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· 'aOARD OF ADJUSTMENT APPLICATION
Page 2
B. That the special conditions and circumstances do not: n~sult
from the actions of the applicant;
C. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this
Ordinance to other lands, buildings or structures in ~he same
zoning district; .
D. That literal interpretation of the provisions of this chapter
would deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under-the terms of the
Ordinance and would work unnecessary and undue hardship on the
applicant; .
E. That the variance granted is the minimum variance that will
make possible the reasonable Use of the land, building or
structure; .
F. That the granting of the variance will be in harmony with the
general intent and purpose of thi~ chapter and that such
variance will not. be .. injurious to the area involved or
otherwise detrimental to the public welfare.
6. Application fee in the amount of $275, payable to the City of
Boynton Beach, must accompany this petition.
7. Name and address of owner:
Sunburst Properties Investment, Inc.
8. Name of applicant:
T.illi~n ~irabito
Applicant's address: 7.240 SW. 15th Ave.,
Applicant's phone #: ---3~JOO
Da te : 5 / 6 / q 1 .
Signature of Applican :
Fl. 33426
._-~~--------------~-------~~-----------------~--~----~------- ---------
To be completed by the Building Off-ic,ial or Representative
. 1. Property is presently zoned:
C-3
Formerly zoned:' R-1AA
;2. Property Control Nwnber: "08-43-45-32-00-000-3021
3. Denial was made upon existino- 'zoning or sign requirements (list
sections [ s) of Code 'f~ whicli....relief is :required):
.
Section 21-23 of the Code of Ordinances
4. Nature of exception or variance required: Code requires signs to
have a minimum setback of 10 feet. 'App1icant wishes to have setback
of 2 feet; therefore, an 8
Date:
~l~3/91
-
Permit
foot variance .~s requested.
denied: ~ ~ II ~ .
Bullding~artment
(Milt Duff)
Meeting Date: June 10. 1991
5.
Case Number:. 153
-~--~~---~--------~~---~-~-~------------~--~~~~-_.~~--._-~.~~.~----~---
To be filled out by Board.
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Cha.~rman
'.
"W"""""'::.---.
SUNBURST PROPERTIES INVESTMENT, INC.
2240 S.W. 15th AVENUE. BOYNTON BEACH, FLORIDA 33426
(407) 641-9900
SIGN VARIANCE
5. We are requesting a setback variance for a low
free-standing sign on the front of our property.
A. As the building is so close to the road and
as there is so little frontage to place a sign,
a condition exists where putting the sign at a
10 foot setback would bring the sign within 4
feet of the building.
B. The building as it exists now is only 29 feet
from the sidewalk; the+efore, severly limiting
space for a low free-standing sign.
C. The nearest immediate adjacent sign to our
property is the Sun Bank sign which is just
behind the property line~.
D. By adhering to a 10 foot setback, it will place
our sign awkwardly closer to the building than
to the sidewalk. Instead of designing a sign which
would stand 20 feet high we thought a sign which was
lower to the ground was what our neighbors and
local residents wou~dprefer,
E. A 2 foot setback wP~~~.,plac.th~ sign, at a more
reasonable proximitY1Within.tl'1~'givenarea
between the buildiP.g'lfl~d' the,:'rpad. .'
.". ... " '
F. Putting the sign cl~.~':to tbe"":.lde~~l.k would not
be detrimental or :t.n~u~~pusit.Q!t.hepUblic welfare.
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TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
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BRDOF"DJ.DOC
Rev.l/91
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MINUTES OF THE REGULAR CITY COMMISSION MEETING
HELD AT PINELAND PLAZA, BOYNTON BEACH, FLORIDA,
TUESDAY, NOVEMBER 17, 1987 AT 7:30 P. M.
PRESENT
Nick Cassandra, Mayor
Ralph Marchese, Vice Mayor
Ezell Hester, Commissioner
Leonard Mann, Commissioner
Dee Zibelli, Commissioner
Peter L. Cheney, City Manager
Betty S. Boroni, City Clerk
Raymond S. Rea, City Attorney
Mayor Cassandra called the
Rabbi Leon B. Fink, Police
from the Congregation Beth
Invocation, and the Pledge
by Commissioner Zibelli.
meeting to order at 7:35 P. M.
Department Chaplain, and also
Kodesh of Boynton Beach gave the
of Allegiance to the Flag was led
AGENDA APPROVAL
City Manager Cheney requested that three bills be added to
the Consent Agenda, Item K:
Monthly Landfill Charge of $110,293.29
Payment to General Contractor for City Building in the
amount of $127,241.90
Payment of first 50 percent payment to Women's Club in
the amount of $12,500.00
City Manager Cheney requested that under LEGAL, Other, Item
D. ("Consider water Service Agreement for Trail's End
Plaza") be deleted. Delete from Consent Agenda Item D.l
("Construction Plans and Preliminary Plat of Meadows 300")
as that did not pass the Community Appearance Board, Item F
("Approve emergency purchase order for Square "D" electrical
components for the relocation of Lif Station 504") as it
was taken care of at the previous meeting. Delete under
BIDS, Item A. ("Five Street Construction project -
Engineering") as this item is not ready to be presented to
the Commission at this time.
Commissioner Hester moved that the Agenda be accepted with
corrections. Motion was seconded by Commissioner Zibelli
and carried 5-0.
ANNOUNCEMENTS
1. Proclamation - Tour of the Americas - February 28, 1988
Mayor Cassandra read the Proclamation which proclaimed
February 28, 1988 as Tour of the Americas Day in Boynton
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,
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
Beach noting that the cycling event will pass through the
City on Federal Highway at approximately 10:20 A.M. on that
date. Mayor Cassandra encouraged all citizens to participate
in viewing this event.
CITY MANAGER'S REPORT
Kapok Tree
City Manager Cheney stated that there had been some interest
in saving the tree which is located on the site of the
former Police Department parking lot. He noted that no one
had come forward with money to save the tree which could
cost between $6,000 - $8,000 to move, depending upon how far
the tree would have to be moved. City Manager Cheney noted
that in order for the tree to have the best chance of sur-
viving the move, root pruning should be done 45-55 days prior to
relocating it. This would ensure a 70 to 80 percent survival
rate. If less time is allowed for root pruning, the survival
rate drops to 50 percent or less. He suggested that if the
tree was moved, he would recommend the S.W. corner of the
site of the new parking garage at the corner of 1st Street
and 1st Avenue. This area will be landscaped anyhow. After
some discussion it was the consensus of the Commission that
the tree not be relocated due to its poor chance of survival,
the costs involved, and the fact that construction work
would be held up at the Police Department, Fire Department
and the Parking Garage. City Manager Cheney stated that the
tree had been planted by Marie Shepherd's father, but she
had not requested that the City save the tree.
Day Care Center
City Manager Cheney stated that he had placed two rendering
of the proposed facade of the Day Care Center at the back of
the room. He requested that the Commissioners look at the
renderings during the break so a decision on the roof style
could be made, noting that the City would proceed with the
Mansard type roof unless he was directed otherwise.
Golf Permits
City Manager Cheney noted that all Golf Permits had been
sold this year and some people had to be turned down.
Beach Permits
TO date 6800 Beach Permits have been sold. This is probably
about half the number which will be sold this year.
-2-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
Party at Shooters
City Manager Cheney stated that there was a hugh outdoor
party at Shooters over the weekend. There were telephone
calls to the City Manager regarding the noise and number of
cars parked in this area. He noted that many cars were
hauled away and he had spoken to the people at Shooters
reminding them they cannot put tents in their parking lot
without permits. They promised that they would not let this
happen again. Mayor Cassandra noted that he had also
received telephone calls. There was some discussion
regarding what the City could do to make a stiffer fine so
that Shooters would comply. City Attorney Rea was requested
to check into the situation to see what the City can do in a
situation such as this.
Report on Car Allowance
City Manager Cheney referred to the report of vehicle use
for City business. Mayor Cassandra clarified that he wished
to know the names of the people involved. City Manager
Cheney stated that he preferred not to point out people but
positions held by those people. Approval should be by the
nature of the job and not by personalities. All agreed that
this was the intent.
Report on Supervisor/Manager (Management Staff away from
City Hall
City Manager Cheney stated that he had not finished this
report but would try to complete it prior to the next City
Commission Meeting.
E911 Telephone Fee Report
City Manager Cheney stated that the Legislature has
authorized a not to exceed 50 cent surcharge on telephone
bills per month to pay for 911. This amount is used ini-
tially to pay non-recurring capital costs for some agencies
that do not have a complete 911 system. Anyone who paid for
their 911 system prior to the effective date of the ordi-
nance does not get reimbursement. The City will get
rebates for its recurring costs each year. Mayor Cassandra
stated that he was concerned about the lack of information
prior to receiving the bill for 50 cents.
The City Manager's Report was accepted as presented minus
the Report on Supervisor/Manager (Management Staff away from
City Hall) and with the additions of: Kapok Tree, Day Care
Center Report, Golf Permits, Beach Permits, and Party at
Shooters.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
PUBLIC AUDIENCE
Conduct by Codes Enforcement Inspectors
Robert C. Riley, 342 S.W. 4th Avenue, stated that he feared
someone might be injured on his property. He referred to
the fact that a Code Enforcement Officer came on his prop-
erty in September (a Saturday). The Officer came in across
the grass, through the gate, into an enclosed shadow box,
fenced yard. He ignored the "Beware of Dog" sign. Mr.
Riley stated that the dog was in the house at the time. His
wife came to the door and was handed a citation for a lawn-
mower which was parked in the yard. Mr. Riley stated that
he contacted Mayor Cassandra and Commissioner Zibelli. He
then got in touch with Assistant City Manager Hunt who
suggested that he call Dan Rollins. Mr. Rollins asked that
Mr. Riley be patient as his Codes Enforcement people were
new and they needed a little more time to become familiar
with their duties. On November 16th Mr. Riley took a car
out of his garage which he planned to ship to Brazil. He
backed the car against the closed garage door and left it
for 15 minutes. When he returned, his neighbor told him the
Code Enforcement person had crawled through the bushes. He
could not see the tag as it was directly against the door,
so he stuck a red sticker on the car. Mr. Riley stated that
he had given information on numerous code violations and the
City has never acted on them. He reported a violation on
East Ocean where the car has been there for six months. The
City told that owner to put a tag in the back window stating
"Title Applied For." He referred to one on Boynton Beach
Boulevard which he reported is now in compliance. Mr. Riley
stated that the contractor who tows the cars away is the
biggest violator of the Code. He has a dozen cars at his
compound which are in violation. Mr. Riley called the City
about that and was told that the City is working on that
problem. Mr. Riley stated that he had a problem with the
City when he first moved to Boynton Beach regarding whether
or not he is on a septic tank. He expressed his feelings
that the City is performing "Selective Enforcement." Mr.
Riley stated that he was told that Codes Enforcement person-
nel do not go up to the north section on weekends as it is
too dangerous. He expressed fear that someone was going to
be hurt and he hoped that it would not be by his dog.
Mayor Cassandra stated that some strong allegations had been
made by Mr. Riley regarding "Selective Code Enforcement."
City Manager Cheney stated that the City does not do
"Selective Code Enforcement." He was not prepared to answer
all the complaints at the present time. He commended the
towing contractor for doing a fine job, noting that the
-4-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
contractor does have to store some automobiles until he can
get them shipped. He stated that they are stored in an
industrial zone and are not bothering anyone. The City's
objective is to get the cars towed from the residential
areas. City Manager Cheney stated that he was not sure the
contractor was in violation and that the City Attorney would
have to make that determination.
Mayor Cassandra stated that Mr. Riley was due a response and
City Manager Cheney stated that everyone who comes before
the City Commission for Public Audience is given a response,
noting that the response is usually given at the next
meeting. Mr. Hunt had previously responded to Mr. Riley's
requests. Mr. Riley said that Mr. Hunt told him that the
Codes Enforcement people could not have issued the citation
for his car as they do not work on Mondays. Mayor Cassandra
stated that Mr. Riley's allegations would be addressed.
Acquiring a l2! Foot piece of property
William Sturgeon, 644 N.W. First Avenue, stated that he was
concerned over a small piece of property located east of his
property. He lives at Plat 1, Block 20, less the west 25
feet thereof and the west 371 feet of Block 19. There is a
l2! foot strip which separates his property from his neighbor.
This property has back taxes since 1983. Mr. Sturgeon
stated that he would like to acquire that property so that
he could put up a fence, noting that he had maintained that
piece of property for the past 31 years. The property is
owned by Antonio Velardo. Mr. Sturgeon receives a
delinquent taxes due notice on his tax bill every year for
this property. He corrects the tax bill every year. City
Manager Cheney stated that the City has been reassessing due
to past liens on it. He received a memorandum from Bud
Howell, Building Official, this date, but did not have time
to read it. City Manager Cheney stated that he would have
an answer for Mr. Sturgeon in a couple of weeks. There was
discussion as to whether these were County or City taxes and
City Manager Cheney stated that the County handles all the
taxes. Mayor Cassandra stated that Mr. Sturgeon would have
an answer by the next City Commission meeting. Mr. Sturgeon
thanked the Commission and stated that he appreciated the
Commission's interest.
Boynton Beach Day Care Center
Morton Goldstein, 130 N.E. 26th Avenue, stated that he was
speaking as the Chairman of the Community Action Board of
Palm Beach County. He thanked City Manager Cheney, Mayor
Cassandra, and the Commissioners for their efforts in the
-5-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
plans for the Day Care Center. He felt that, when
completed, it would be the show place of Palm Beach County
and the other cities would be looking at Boynton Beach when
making improvements in their day care centers. The children
and the people in the community will be recipents of these
endeavors. He thanked the City Commission and City Staff
for a job well done.
Trash Behind property on N.W. 13th Avenue
Rev. Douglas Davis, 301 N.W. 13th Avenue, stated that he had
followed Mr. Riley's statements closely where he stated that
the Codes Enforcement people just work on the weekends in
the southwest section. He stated that he did not believe
they work at all in the north section, because of the fact
they are afraid to come in that area. There are cars still
parked beside the road with stickers on them. He asked why
he could not get some "Posted" signs behind his house.
People are still dumping trash back there. He requested
that the City put a fence back there. He proposed to put a
fence across his property line. He could not understand why
he could not run his property down to the canal and keep it
clean. He would put a big gate in so the Lake Worth
Drainage people could come in, if they wanted, and agreed to
provide a key for them. Rev. Davis noted that he likes to
fish and the City has grown to such a point that he can't
fish where he wants. There are signs posted along the canal
and fences have been put up which prevent him from getting
into the area by the C-16 canal down on the south side from
the railroad tracks to Congress Avenue. People have put
"Posted" signs up along the canal and installed fences.
City Manager Cheney stated that the people do not own the
land and the people should not be putting up signs. The
Lake Worth Drainage District does not prohibit fishing. Mr.
Bud Howell, Building Official, stated that the Lake Worth
Drainage District has been known to allow people to fence
the property in this manner with the understanding that the
Drainage District people would be allowed access. He
suggested that Rev. Davis speak to the Drainage District and
work with them. Rev. Davis again requested that some "No
Dumping" signs be posted behind his house to keep the people
from dumping trash in that area. Mayor Cassandra requested
that City Manager Cheney check into Rev. Davis' concern and
see what can be done.
As no one else wished to speak, the PUBLIC AUDIENCE WAS
CLOSED.
-6-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
CONSENT AGENDA:
A. Minutes
1. Special City Commission Meeting Minutes of October
30, 1987
2. Regular City Commission Meeting Minutes of November
3, 1987
B. Bids - Recommend Approval - All expenditures are
approved in the 1987-88 Adopted Budget
1. Demolition of Dwellings/Structures - 501 N.W. 13th
Avenue, Boynton Beach, FL
Memorandum of November 12, 1987 from Director of purchasing,
William H. Sullivan, recommended awarding this bid to the
lowest bidder, Robert F. Gooding, Inc., West Palm Beach, in
the amount of $4,128.00.
2. Purchase of One (1) 100 Gallon Chemical Spray Tank -
Golf Course
The Tabulation Committee recommended awarding the bid to
Pifer, Inc., Jupiter, in the amount of $3,910.00 less
$350.00 trade-in for a net amount of $3,560.00. See Mayor
Cassandra's comments on Page 10 of these minutes.
3. Automobile Surplus Sale - Public Works
The Tabulation Committee recommended awarding the bids to
the various high bidders on each vehicle. The total comes
to $8,361.01.
4. Reroof project - Boat Club House Addition -
Recreation
By memorandum dated November 9, 1987 the Building Official,
Bud Howell, requested approval of M & L Roofing Company,
Boynton Beach, in the total amount of $4,730.00. William
Sullivan, Director of purchasing concurred with the request.
5. Annual bid for Ball Retrieval/Eight Lakes at
Municipal Golf Course
The Tabulation Committee recommended awarding the bid to the
highest bidder, International Golf, Deerfield Beach, in the
amount of $6,100.00 (downpayment to be $1,500.00 with
monthly payment of $575.00).
-7-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
C. Resolutions
1. Proposed Resolution No. 87-CCCC Re: Release of
Surety - AShley Lake Park - Banyan Springs PUD
(South of Boynton Beach Boulevard on Military Trail)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING THE RELEASE OF
SURETY FOR WATER AND SEWER IMPROVEMENTS FOR ASHLEY
LAKE PARK
2. proposed Resolution No. 87-DDDD Re: Final Plat -
Hunters Run Tract I (south of Summit Drive, west of
Congress Avenue)
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE FINAL PLAT FOR TRACT "1" AT HUNTERS
RUN, BEING A REPLAT OF TRACTS "11" and "1211 AND
PORTIONS OF TRACTS 1113", "12" AND "X" OF THE SUMMIT,
PLAT NO.1, PLAT BOOK 36, PAGES 48 THRU 51, AS
RECORDED IN THE COUNTY CLERKS RECORDS OF PALM BEACH
COUNTY
D. Development Plans - Previous review of these Development
Plans has met the six criteria for Consent Agenda con-
sideration. All approvals are made subject to TRB and
Staff Comments.
1. Consider request submitted by Jeff Iranvani for the
approval of the construction plans and preliminary
plat which provides for the construction of
infrastructure improvements to serve 101 single-
family units in connection with a previously
approved Planned Unit Development at the Meadows
300. This project is located on the west side of
North Congress Avenue south of Hypoluxo Road.
(Meadows 300 PUD)
By memo dated November 13, 1987 Carmen S. Annunziato,
Planning Director requested this be placed on the agenda.
The request was unanimously recommended for approval by the
P&Z Board, subject to Staff comments.
This item was deleted from the Agenda by City Manager Cheney
as it was not approved by the Community Appearance Board.
2. Consider request submitted by Mickey Fiori for
approval of an amended site plan to allow for minor
changes to building elevations and parking lot
layout and design. Oakwood Square is located at the
southwest corner of North Congress Avenue and Old
Boynton Road (Oakwood Square)
-8-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
By memo dated November 12, 1987, from Carmen ~nnunziato,
Planning Director, this request was forwared with the unani-
mous approval of the P&Z Board, subject to Staff comments.
3. Consider request submitted by E. T. Thomas
Construction Company for approval of an amended site
plan to permit an addition to the type VIII units.
This project is located on the west side of South
Congress Avenue, between the LWDD L-28 and L-30
Canals. (Hunters Run Tract D-2 - Cambridge I)
In his memo dated November 12, 1987 Carmen Annunziato stated
that the P&Z Board unanimously recommended approval of this
request, subject to Staff comments. This is approval for
the type VIII units only.
4. Consider request submitted by Land Design South for
approval of an amended site plan to allow for minor
changes to building elevations and landscaping.
This project is located on the west side of North
Congress Avenue, south of Hypoluxo Road. <Lakeshore
at the Meadows)
In his memorandum dated November 12, Carmen Annunziato,
Planning Director, stated that the P&Z Board unanimously
recommended approval of this request, subject to Staff com-
ments.
E. List of Payments - Month of October, 1987
See list attached.
F. Approve emergency purchase order for Square "D" electri-
cal components for the relocation of Lift Station 504.
This item was deleted from the Agenda by City Manager Cheney as
it was covered at the previous City Commission Meeting.
G. Consider request submitted by Mr. Albert Rosen of
Brenshell Development Corporaqtion for renewal of their
construction trailer in conjunction with the construc-
tion of "Boynton Estates" located on North Congress
Avenue and Redford Drive.
Bud Howell, Building Official, recommended approval for 1
year in accordance with Chapter 25, Section 25.7 of the City
of Boynton Beach Codes of Ordinance.
-9-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
H. Approve repair work on pump at the Ground Storage Tank
Memo from John Guidry, Director of Utilities, states that
the pump is out of order and requests that repairs be made
at a cost of $2,171.81 by Florida Electric, West Palm Beach.
William Sullivan, purchasing Agent, concurs in his memoran-
dum dated November 12, 1987.
I. Approve quotation for Telephone Services - Building and
Police Trailers
In his memorandum dated November 10, 1987, Hugh McCaffrey,
Communications Manager, recommended awarding the contract to
Tie Enterprises, Coral Springs, in the amount of $2,529.45
to install cabling and provide telephone service to the
Building and Police Department trailers.
J. Approve subgrantee agreement extending existing
agreement to provide funding for the expansion of Sara
Sims Park
Remar M. Harvin, CBD, Director, Housing and Community
Development forwarded five originals of the proposed amended
Agreement between Palm Beach County and the City of Boynton
Beach to extend the Agreement for completion of comprehen-
sive street improvements to N.W. 10th Avenue, N.W. 11th
Avenue and N.W. 4th Avenue, in addition to improvements
within Sara Sims Park.
K. Approval of Bills
See list attached plus the three additions made by City
Manager Cheney on page 1 of these minutes, under AGENDA.
Commissioner Hester moved to approve CONSENT AGENDA, Items
A.l, 2, B.l, 2, 3, 4, 5, C.l (Resolution No. 87-CCCC), C.2
(Resolution No. 87-DDDD), D.2, 3, 4, E, G, H, I, J,
and K with three additional bills (Monthly Landfill Charge
of $110,293.29, Payment to General Contractor for City
Building in the amount of $127,241.90, and Payment of first
50 percent payment to Women's Club in the amount of
$12,500.00). Motion was seconded by Commissioner Zibelli.
Mayor Cassandra questioned City Manager Cheney on the bid
for purchase of one 100 gallon chemical spray tank - Golf
Course. He noted that the bid was not awarded to the lowest
bidder. Mr. William Sullivan, Purchasing Director, stated
that the City had asked for a polyurethane tank and the two
other bidders offered a fiberglass stainless steel tank.
Also the stainless steel tank required a dry room for chemi-
cal application. Mayor Cassandra stated that his concern
was that there was no explanation as to why the bid was
awarded to the highest bidder.
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MINUTES - REGULAR CITY COMMISSION MEETING
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Mayor Cassandra requested that Mr. Annunziato, Planning
Director, give an explanation to the Commission on the dif-
ference between site plan approval and master plan approval
as far as what the Commission gets involved in. He noted
that this is on the Consent Agenda and he felt it should be
clarified. Mr. Annunziato stated there are several ways the
Commission gets involved in what happens in planning and
development. Initially, at the time of master plan approval,
the Commission is involved in the Land Use decision.
Depending upon how much detail is submitted at the time of the
master plan, the degree of involvement increases based on
information submitted. Depending on the type of product
being sold or the method of land development, the Commission
is involved. He gave examples, noting that the idea is to
involve the City Commission in the decision making process.
Vice Mayor Marchese asked with a zero lot line, if the
building is permitted to have the 20' on one side rather
than 10' on each side. Mr. Annunziato answered affirma-
tively.
Motion carried 5-0.
BIDS
A. Five Street Construction project - Engineering
This item DELETED from the Agenda by City Manager Cheney as
it was not ready for presentation at the present time.
PUBLIC HEARING
A. Consider request submitted by Cormac C. Conahan,
Esquire, for Boynton-JCP Associates, Ltd., and the Lake
Worth Drainage District, to annex a 6.92 acre tract of
land and an abutting 85 foot wide canal right-of-way
(2.787 acres). This property is located on Javert
Street at Boynton (C-16) Canal, southeast corner.
(Boynton Beach Mall - Annexation).............TABLED
Letter from Cormac C. Conahan, Esq. of Hodgson, Russ,
Andrews, Woods & Goodyear, Attorneys at Law, requested this
be TABLED until December 1, 1987 to allow time for him to
prepare a presentation for the County residents.
DEVELOPMENT PLANS
A. Approve request submitted by Delfin F. Menendez, agent
for Intracoastal Developers, Inc., for a modification to
the previously approved master plan for the citrus Glen
PUD.
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MINUTES - REGULAR CITY COMMISSION MEETING
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Mr. Annunziato stated that this is a request to amend the
Master Plan for Citrus Glen, Phase I of the Citrus Glen PUD,
located on Lawrence Road. A 1st Reading of an Ordinance to
annex is on this Agenda. This request results from a
request to forward to the P&Z Board an Annexation, Land Use
Element and Amendment and Rezoning for Citrus Glen, Phase
II. He referred to a large map and pointed out the two
annexation requests - Citrus Glen, Phase I and Lawrence
Groves. Mr. Miller, the applicant, has Citrus Glen, Phase
II and Lawrence Lake under contract. Elementary School P is
also in that area and the request for annexation is on the
Agenda. The change to the master plan occurred with the
changing of the private road to a public road. Its width in
right-of-way increased, sidewalks and bike paths were added,
and the house lot configuration changed east and west of the
road. These changes necessitated a Master Plan amendment.
Mr. Annunziato stated that this request is predicated upon
the approval of the annexation and was done in this manner
to save time. He noted that these requests help to
straighten out the City boundary lines, but the County still
has some small "pockets" in the area. One such area is
Sunny South Estates which is a manufactured home park. He
noted that a few homes are already built. The City fur-
nishes water and sewer for this area. Mayor Cassandra felt
that these people might also want annexation and it has been
City policy not to allow mobile homes in the Comprehensive
Plan. He felt this would have to be considered. City
Manager Cheney stated that the City's service area goes all
the way to Military Trail. Mayor Cassandra asked about the
density plan for the Lawrence Lake properties and Mr.
Annunziato stated that this would be 31 units on 12 acres or
2.5 to 3 units per acre and would be a PUD development.
Citrus Glen would be approximately 4.8 and zero lot line.
Upon request from City Manager Cheney, Mr. Annunziato added
comments from his discussion with Charlie Frederick and the
School Board relative to the school site development and the
park. When Citrus Glen, Phase I, in connection with the
Lawrence Lake project began, he and Mr. Frederick realized a
neighborhood park would be needed in that area. Following
that, the School Board was considering purchasing property
for an elementary school. The property owner (Citrus Glen,
Phase II) was contacted and Mr. Miller (Citrus Glen develo-
per) took that property under option. This allowed
something to be done in connection with land acquisition for
recreation and parks purposes. With the school being in
that location, Mr. Annunziato talked with them about jointly
using their school site. The result is that the elementary
school buildings will be located on the western 1/3, leaving
the eastern 2/3 for their recreational area. The park lines
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
up with the back of the school lot recreation area. This
would generate about a 10 acre park site in connection with
the community school concept.
In answer to the traffic impact on Lawrence Road, Mr.
Annunziato stated that there would be no real problems in
that area. He requested that a finding of "No Substantial
Change" be found in this case.
Mr. Enrico Rossi, representing the applicant, was present to
answer any questions. He stated that he had read the Staff
comments and accepted them.
Vice Mayor Marchese made a motion to accept the development
plans for Citrus Glen Master Plan Modification including all
staff comments with the determination of no substantial
change. Motion was seconded by Commissioner Hester and
carried 5-0.
B. Consider request submitted by Michael D. Gordon for
Intracoastal Development, Inc., to annex a 28.82 acre
tract of land located at the southeast corner of
Lawrence Road and Miner Road extended. (Citrus Glen
Phase II - to be referred to Planning & Zoning Board)
C. Consider request submitted by Augustin A. Hernandez for
The School Board of Palm Beach County, to annex a 19.23
acre tract of land located at the northeast corner of
Lawrence Road and the Lake Worth Drainage District L-21
Canal. (Elementary School "P" - to be referred to
Planning & Zoning Board)
D. Consider request submitted by Michael D. Gordon for
Intracoastal Development, Inc. to annex an 11.521 acre
tract of land located at the southeast corner of
Lawrence Road and the Lake Worth Drainage District L-2l
Canal. (Lawrence Lake - to be referred to Planning &
zoning Board)
Items B, C, and D are requests for annexation and zoning to
be sent to the Planning and zoning Board Public Hearing.
Vice Mayor Marchese made a motion that Items B, C, and D be
referred to the P&Z Board for Public Hearing on the issues
of annexation, Land Use Element, amendment request and
rezoning. Motion was seconded by Commissioner Zibelli and
carried 5-0.
E. Consider request submitted by Luther L. Eubanks, agent
for Douglas J. Love, M.D., for a variance to the mora-
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
torium on new construction or substantial renovation of
buildings on Boynton Beach Boulevard and site plan
approval, for the purpose of converting a former
builders supply business/office (Ridgeway Plumbing) to a
medical office/orthopedic facility consisting of 3,000
square feet of floor space. This project is located at
the southeast corner of East Boynton Beach Boulevard and
N.E. 1st Street
F. Consider request submitted by Luther L. Eubanks, agent
for Douglas J. Love, M.D., for a variance to Sections
5-142(f) "Drainage", 5-142(h)(3) "Driveways,
5-142(h)(4) "Back-up Space", and 5-142(i)(2)
"Maneuvering" of the Parking Lot Regulations. This pro-
ject is located at the southeast corner of East Boynton
Beach Boulevard and N.E. 1st Street.
Mr. Annunziato requested that Items E and F be combined as
they both relate to the same land and request a variance
of the Moratorium Ordinance. Item E requested a variance to
the Moratorium Ordinance and new construction and major
renovations for buildings on Boynton Beach Boulevard coupled
with a request for site plan approval. Item F is a request
for several variances to the Parking Lot Regulations. This
must come before the Commission due to the determination to
recommend denial of the parking lot variances by the P&Z
Board. He noted that both requests were subject to Public
Hearing at the P&Z Board with long discussions regarding
each request. Luther Eubanks is the agent for Dr. Love.
Dr. Love's request was to take the former Ridgeway Plumbing
building located at 1st Street and Boynton Beach Boulevard
and convert that building into an orthopedic medical office
facility. The building is directly east of the Fire
Station. The applicant proposes to meet as best he can the
requirements of the Parking Lot Regulations and is asking
for permission to remodel the building into medical offices
for the purpose of operating his orthopedic facility. The
request and the accompanying parking lot variance requests
were reviewed by Staff. Mr. Annunziato clarified that the
TRB makes a recommendation to the City Manager and the City
Manager makes recommendation to the P&Z Board. The P&Z
Board accepted the City Manager's recommendation at the
Public Hearing and recommended this request be denied. The
basis for that recommendation was predicated on the number
of variances requested and the need to back out into 1st
Street across from the Fire Station, due to the intensive
use with a strong potential for growth in an area which
is not large enough or suited to the uses proposed. The P&Z
Board recommended the parking variances and the moratorium
variance be denied. There were several parking lot vari-
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
ances, many of which the applicant has attempted to meet, but
several he has not addressed. The P&Z Board voted 6-1 to
deny the variance requests, thus allowing the City
Commission an opportunity to review the requests.
Mayor Cassandra questioned City Attorney Rea regarding his
feeling that the City Commission, under the new Ordinance,
not get involved with variance requests. He felt that if
there was not a unanimous vote for approval, the Commission
would review the request. He did not recall that less than
a unanimous vote for denial would require the request to go
to the City Commission. City Attorney Rea stated that he
would have to check into the matter, but he felt Mayor
Cassandra was correct.
Luther Eubanks, 980 N. Federal Highway, Boca Raton, spoke as
agent for Dr. Love. He stated that Dr. Love purchased the
piece of property with the expectation of being able to con-
vert it to medical offices. He made reference to two let-
ters from City Attorney Rea (June 3rd and June 5th) which
indicate that Dr. Love could go forward with his request.
There would be some steps necessary in order to comply in
order to have the project approved, but that would seem like
a reasonable expectation. They then came to the City with
drawings showing the minor interior improvements and the
thought of marking additional parking spaces. The Parking
Ordinances were in the process of being revised at that
time. There are 11 existing parking spaces and they planned
to add 4 more to bring the total to 15 as required. The new
spaces had to meet the new regulations, which could have
meant that part of the building would have to be used as an
office building and part as medical. Upon further con-
sideration, it was decided that that would not comply under
the new ordinance. They assumed it was permissable to use
the building as it was because only a few additional parking
spaces were required. They were willing to take 1200 square
feet of the building and use it as a separate office bay
which would have less intensive use. The problem came when
everything had to be upgraded with the addition of three
parking spaces. Mr. Eubanks stated that the original let-
ters never mentioned the possibility that this would have to
be done. They have endeavored to meet the requirements, but
there is no way they can meet all of them. They removed the
exisiting driveway which went out to Boynton Beach Boulevard
and made one-way parking coming in at the north end of the
site. They further defined the existing parking spaces which
were backing out onto Boynton Beach Boulevard and pulled
them back from the building in order to give green space to
screen the building and make a nice view from the corner.
The parking spaces were then defined with landscape breaks.
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BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
They then created a one-way drive going out to the south end
of the building. This arrangement created the 15 parking
spaces which were needed. This created a driveway of 12.5
feet rather than 13.25 feet in order to give a 5 feet
landscape buffer. They have improved traffic flow, improved
green space where there is none at present, and the drainage
can be improved to accommodate all of the roof drainage and
at least 30-50 percent of the site drainage. Mr. Eubanks
stated that the intensity would be much less with the doc-
tor's office than the existing retail and food service
places along Boynton Beach Boulevard at the present time.
He pointed out that a person coming for physical therapy
would be in the office for a lengthy period and the traffic
in and out of the building would not be great. The agent
agreed to stay in keeping with the theme of the design for
Boynton Beach Boulevard as this would be in the Doctor's
best interest as well. He also referred to the possibility
that parking relief is being planned for the downtown area
in general. He offered to take 1200 square feet and seal it
up until the City can work with him to solve the problems.
They needed to move forward at least with the 1800 square
feet of office space for medical usage, and this would
require only 9 spaces. He pointed out there are 11 spaces
on the site at the present time. Mr. Eubanks pointed out
that they cannot comply 100 percent due to the rule changes,
and requested that the City work with them so that they can
upgrade the building.
Commissioner Hester stated his feelings that since the mora-
torium is in effect, they should not grant exceptions to the
moratorium.
Commissioner Zibelli stated that she was concerned about the
traffic coming out onto N.E. 1st. She questioned what would
happen with someone trying to get to the doctor's office and
the necessity for a fire truck to get out of the Fire
Station. The fact that the moratorium is in effect con-
cerned her as well, especially since they recently turned
down a request from someone else.
Mr. Eubanks referred to the letter from City Attorney Rea to
Ray Allen which states that, "It is my opinion that
Ordinance No. 87-10 in and of itself will not prohibit the
interior alterations and face lift which will be necessary
to convert this building to a different use." He noted that
the statement was lifted out of context, but emphasized that
was the stated opinion. From the June 5th letter he read,
"Whether the interior alterations and other alterations
intended by the new purchaser are in fact of a major nature
such a determination can only be made with the required
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
specificity upon Staff evaluation of the building plans."
He stated that at that point they went ahead and reviewed
the plans with the Building Department. The Building
Department then referred him to the Planning Department
which was in the process of changing the rules for the
Parking Lot. He noted that if he had received a response at
this point, they would have met the requirements under the
old rules. With the delay in processing, they were required
to meet the new regulations. City Manager Cheney pointed
out that the moratorium was in effect at that time, and Mr.
Eubanks stated that he realized that was true and that they
would have needed relief from that to proceed. City Manager
Cheney pointed out that there would always be a problem in
backing up on the road opposite the Fire Station. He
pointed out that the City hoped to eliminate that problem
when the plumbing company vacated the building. City
Manager Cheney asked if Dr. Love had made a contingency
purchase. Mr. Eubanks responded that it was a purchase.
Joseph J. Love, M.D., 202 East Boynton Beach Boulevard,
stated that he was interested in opening an office in the
Boynton Beach area. With the help of of a real estate
broker, Raymond Dowling, he located the property. Mr.
Dowling advised Dr. Love of the moratorium, but felt the
building was a good location for the doctor's business. Mr.
Dowling referred him to City Attorney Rea. Dr. Love assumed
from City Attorney Rea's letters that there would be no
major problem. Dr. Love bought the building in June and
noted that it had been vacant since March. He stated that
he purchased the building in good faith and was willing to
do whatever was necessary to open his business. He appealed
to the Commission to consider his request.
City Attorney Rea stated that he felt the two letters were
very clear and he did not understand why Dr. Love did not
realize that he had to comply with the moratorium as well as
meet the parking. He felt the letters were written in
English. Dr. Love stated that the main problem seemed to be
with the intensity, and he pointed out that he was told he
could open the building as a real estate office but not a
doctor's office.
Mayor Cassandra stated that all the remarks would be taken
into consideration and noted that no decision has been made.
Morton Goldstein, 130 N.E. 26th Avenue, spoke in favor of
Dr. Love's request. He asked how many accidents had happened
in front of the Fire Station and City Manager Cheney stated
that he did not know. Mr. Goldstein stated that there have
been none to his knowledge. He stated that City Attorney
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
Rea's letters to Mr. Allen were misleading. He pointed out
that Dr. Love is an orthopedic surgeon who treats about 50
patients in Boynton at the present time. He is the only
orthopedic surgeon who takes assignments, which is a rare
thing today. He felt this fact should be considered when
voting on the issue. He referred to the three story parking
garage proposed to be located half a block from the pro-
perty. The building is situated in the middle of the pro-
perty and there is nothing that can be done with it, unless
another plumbing store is put in, to comply with the
Ordinance. Mr. Goldstein requested that the City write a
letter spelling out exactly what the doctor was required
to do. The doctor was willing to sign a statement that he
would comply with whatever is necessary to open up his
office, regardless of cost. The building is an eyesore as
it sits now. He urged that the Commission vote for what
would be beneficial to the City and the people and not just
look strictly at what the Ordinance says.
Dr. Frank J. Panarelli, Jr., Chiropractic Physician, 508
N.E. Boynton Beach Boulevard, spoke in favor of granting the
request. He stated that Dr. Love had called him and asked
if Boynton Beach would be a good place for him to open a
practice. He noted that he had referred many people to Dr.
Love. He noted that Dr. Love shows great concern for the
people even when they do not have money to pay for his ser-
vices. He also asked why the City is able to build and
everyone else is prohibited from doing so. Mayor Cassandra
pointed out that before the City built, the people were con-
sulted. The City started to build with the consent of the
people. Dr. Panarelli pointed out that the rules had been
changed on Dr. Love. He also noted that City cars are being
parked at Dr. Love's building at the present time. Mayor
Cassandra stated that the Commission is considering City
Code and nothing else should matter. He stated that any
disagreement over what City Attorney Rea said to Mr. Allen
would be considered by the Commission. He noted that the
Commission is concerned about the development of the City.
He pointed out that there are five variances requested. He
felt that some of them could possibly be solved if the
Commission decided to table the request at this time. Dr.
Panarelli asked what could be opened at that location and
Mayor Cassandra stated that he would not answer that
question. He noted that in order to come into compliance
could even require that the building be moved and he felt
sure that was not possible.
Carl Ragnatt, 2217 N.E. 3rd Court, stated that he had an
accident which required that he have surgery. He is a
Dr. Love's patient. He felt that Boynton Beach would bene-
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
fit from having a doctor such as Dr. Love in the community.
He pointed out how difficult it was to obtain transportation
to get to a specialist from the Boynton area.
Dr. Love referred to the fact that at the present time the
parking lot at his building is being used by others and
there have been no accidents to his knowledge. He appealed
to the Commission that he be treated fairly.
Commissioner Hester moved to TABLE this request to see if
an amicable agreement can be worked out. Vice Mayor
Marchese seconded the request. He stated for the record
that the Staff and the Boards had done an excellent job.
Circumstances do change but he stressed that the Ordinances
must be obeyed in order to have a civil government. There
must be a set of rules. He stressed that he wanted Dr. Love
to get together with the various Department Heads to see
what can be worked out. The City needs Dr. Love's services,
but the rules must also be obeyed.
Mayor Cassandra pointed out to Dr. Love that by tabling his
request, there was no guarantee what the Commission would
decide.O He did not want him to be misled. Motion carried
5-0. Mayor Cassandra stated that next time around everyone
would have an opportunity to speak. After a short break,
the meeting resumed at 9:25 P. M.
LEGAL
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. proposed Ordinance No. 87-9B Re: Guidelines for
Renting Apartments in the City of Boynton Beach
(Amended)
City Attorney Rea read proposed Ordinance No. 87-9B on 2nd
and Final Reading in title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING SECTION 13-3,
13-4, 13-5, l3~16 AND 13-22 (492); PROVIDING FOR
PROOF OF RECEIPT OF A RENTAL GUIDELINE FOR LANDLORDS
AND TENANTS FOR NEW AND RENEWAL LICENSES; PROVIDING
NON-ABROGATION OF MORE STRICT ASSOCIATION RULES;
PROVIDING NEW LICENSE SUSPENSION AND REVOCATION
PROCEDURES; PROVIDING A NEW LICENSE TAX SCHEDULE FOR
RENTALS; PROVIDING FOR CODIFICATION; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING
CLAUSE; PROVIDING AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
-19-
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..-
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
Mrs. Michelle Costantino, 155 Flamingo Drive, spoke in favor
of the Proposed Ordinance. She stated that she started with
this project from the beginning and felt that progress had
been made, but not enough. She noted that neighbors to the
north and the south have similar ordinances on their books.
She did not want to see Boynton caught in the middle and
requested that this Ordinance be approved.
As no one else wished to speak for or against Proposed
Ordinance No. 87-9B THE PUBLIC AUDIENCE WAS CLOSED.
Commissioner Hester moved that Proposed Ordinance No. 87-9B
be approved on 2nd and final Reading. Motion was seconded
by Vice Mayor Marchese. City Clerk, Betty Boroni took a
roll call vote as follows:
Commissioner Mann
Commissioner Zibelli
Mayor Cassandra
Vice Mayor Marchese
Commissioner Hester
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
2. Proposed Ordinance No. 87-40 Re: Amending the Land
Use Element Woolbright Professional Center
City Attorney Rea read Proposed Ordinance No. 87-40 on 2nd
and Final Reading by title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24
OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE
PROPER LAND USE OF CERTAIN PROPERTY MORE
PARTICULARLY DESCRIBED HEREINAFTER: SAID LAND USE
DESIGNATION BEING CHANGED FROM MODERATE DENSITY
RESIDENTIAL TO OFFICE COMMERCIAL: PROVIDING A
SAVINGS CLAUSE: PROVIDING REPEALING PROVISIONS:
PROVIDING AN EFFECTIVE DATE: AND FOR OTHER PURPOSES.
Mr. Wilbur J. Lynch, 1912 S.W. 16th Avenue, President of
the Boynton Leisureville Community Association, spoke in
favor of the medical professional building to be built on
Woolbright Road and abutting Leisureville. The community
feels that this is the best usage of the land and an asset
to the people living there. He stated that the residents
felt it would be foolish to hold the land residential as the
size of the tract would not permit the type and style of
those homes already built in their area. The developer has
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA NOVEMBER 17, 1987
assured the residents in writing of his intentions of buff-
ering, landscaping, type, size, and height of the building.
As no one else wished to speak in favor of the request, and
no one wished to speak against it, THE PUBLIC HEARING WAS
CLOSED.
Vice Mayor Marchese made a motion to
Ordinance No. 87-40 on 2nd and Final
Zibelli seconded the motion and Mrs.
vote:
approve proposed
Reading. Commissioner
Boroni took a roll call
Commissioner Zibelli
Mayor Cassandra
Vice Mayor Marchese
Commissioner Hester
Commissioner Mann
Aye
Nay
Aye
Aye
Nay
Motion carried 3-2.
3. Proposed Ordinance No. 87-41 Re: Rezoning-
Woolbright Professional Center
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19
OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM R-IAA
(SINGLE-FAMILY RESIDENTIAL) TO C-l (OFFICE/
PROFESSIONAL); PROVIDING A SAVINGS CLAUSE;
PROVIDING REPEALING PROVISIONS: PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
A~ no one wished to speak for or against Proposed Ordinance
No. 87-41, THE PUBLIC HEARING WAS CLOSED.
Commissioner Hester moved approval of proposed Ordinance No.
87-41 on 2nd and Final Reading. Motion was seconded by
Commissioner Zibelli and Mrs. Boroni took a roll call vote:
Mayor Cassandra
Vice Mayor Marchese
Commissioner Hester
Commissioner Mann
Commissioner Zibelli
Nay
Aye
Aye
Nay
Aye
Motion carried 3-2.
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MINUTES - REGULAR CITY COMMISSION MEETING
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B. Ordinances - 1st Reading
1. Proposed Ordinance No. 87-42 Re: Amendment to
Noise Ordinance
City Attorney Rea read proposed Ordinance No. 87-42 on 1st
Reading in title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 15,
OFFENSES - MISCELLANEOUS", ARTICLE I. "IN GENERAL"
BY CREATING A NEW SECTION 15-17, COMMERCIAL
ESTABLISHMENTS; BY PROVIDNG FOR EMPLOYEES TO BE ON
DUTY BETWEEN THE HOURS OF 10:00 P.M. and 7:00 A.M.
AT CERTAIN COMMERCIAL ESTABLISHMENTS; BY PROVIDING
EXCEPTIONS; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING FOR CODIFICATION; PROVIDING A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Commissioner Zibelli moved that Proposed Ordinance No. 87-42
be approved on 1st Reading. Motion was seconded by Vice
Mayor Marchese. Mayor Cassandra stated that this would
only address part of the problem, that of the car wash. The
problem with Shooters would still exist. He requested to
see the PD Technical Manual so that he could review it and
recommend. He requested to meet with someone in the Police
Department to determine if there was something to supplement
the code. Mrs. Boroni took a roll call vote:
Vice Mayor Marchese
Commissioner Hester
Commissioner Mann
Commissioner Zibelli
Mayor Cassandra
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
2. Proposed Ordinance No. 87-43 Re: Moratorium
Extension
City Attorney Rea read Proposed Ordinance No. 87-43 on 1st
Reading in title only:
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 87-10 BY EXTENDING A
TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING
PERMITS FOR THE CONSTRUCTION OR ALTERATION OF
BUILDINGS AND STRUCTURES BETWEEN THE WESTERN
BOUNDARY OF THE CENTRAL BUSINESS DISTRICT OF THIS
CITY TO THE EASTERN BOUNDARY OF THE I-95 CORRIDOR
ALONG BOYNTON BEACH BOULEVARD; BY AMENDING SECTION 4
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OF SAID ORDINANCE TO EXCLUDE APPLICATION OF THE
MORATORIUM WEST OF THE 1-95 CORRIDOR TO THE WESTERN
CITY LIMIT; BY AMENDING SECTION 7 OF SAID ORDINANCE
TO CONTINUE THIS MORATORIUM; PROVIDING FOR AUTOMATIC
REPEAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Commissioner Hester moved the approval of proposed Ordinance
No. 87-43 on 1st Reading. Motion was seconded by Vice Mayor
Marchese. Mayor Cassandra stated for the record that the
Public Hearing on the proposed Boynton Beach Boulevard would
be on December 1, 1987 at the Regular City Commission
Meeting. Mayor Cassandra noted that this might be the end
of the moratorium. Mrs. Boroni took a roll call vote:
Commissioner Hester
Commissioner Mann
Commissioner Zibelli
Mayor Cassandra
Vice Mayor Marchese
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
3. proposed Ordinance No. 87-44 Re: Annexation - Van
Hezewyk Tract
City Attorney Rea read proposed Ordinance 87-44 on 1st
Reading in title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN
UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO
THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT
WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO
A PETITION OF THE OWNER OF SAID TRACT OF LAND,
REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION
7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH,
FLORIDA, AND SECTION 171.044, FLORIDA STATUTES;
PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER
ZONING OF THE PROPERTY SHALL BE REFLECTED IN
SEPARATE ORDINANCE TO BE PASSED SIMULTANEOUSLY
HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN
EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY;
PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH
THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY,
FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES.
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Commissioner Hester moved to approve proposed Ordinance
87-44 on 1st Reading. Motion was seconded by Vice Mayor
Marchese. A roll call vote was taken by Mrs. Boroni:
Commissioner Mann
Commissioner Zibelli
Mayor Cassandra
Vice Mayor Marchese
Commissioner Hester
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
4. Proposed Ordinance No. 87-45 Re: Annexation-
Knollwood Groves
City Attorney Rea read Proposed Ordinance No. 87-45 on 1st
Reading in title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN
UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO
THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT
WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO
A PETITION OF THE OWNER OF SAID TRACT OF LAND,
REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION
7 (32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH,
FLORIDA, AND SECTION 171.044, FLORIDA STATUTES;
PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER
ZONING OF THE PROPERTY SHALL BE REFLECTED IN
SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN
EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY;
PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH
THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY,
FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES.
Vice Mayor Marchese moved the adoption of proposed Ordinance
No. 87-45 on 1st Reading. Motion was seconded by
Commissioner Zibelli. Mrs. Boroni took a roll call vote:
Commissioner Zibelli
Mayor Cassandra
Vice Mayor Marchese
Commissioner Hester
Commissioner Mann
Aye
Aye
Aye
Aye
Aye
Motion carried 5-0.
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5. Proposed Ordinance No. 87-46 Re: Require four
Commission votes to amend City Comprehensive Plan
City Attorney Rea read Proposed Ordinance No. 87-46 on 1st
Reading in title only:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM
ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY,
AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING
KNOWN AS CHAPTER 67-1118, SPECIAL LAWS OF FLORIDA,
TO PROVIDE THAT, IF APPROVED BY THE ELECTORS OF THE
CITY OF BOYNTON BEACH, THE ABOVE REFERENCED CHARTER
SHALL BE AMENDED AS FOLLOWS: BY AMENDING SECTION 24
OF THE CHARTER TO PROVIDE THAT AMENDMENTS TO THE
CITY'S COMPREHENSIVE PLAN WHICH CHANGE THE USE OF
LAND TO A COMMERCIAL CATEGORY SHALL BE ADOPTED BY
THE AFFIRMATIVE VOTE OF NOT LESS THAN FOUR-FIFTHS OF
THE CITY COMMISSION MEMBERSHIP; PROVIDING A BALLOT
TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE
AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE
CITY CLERK TO SUBMIT A CERTIFIED COpy OF THE
ORDINANCE TO THE SUPERVISOR OF ELECTIONS; PROVIDING
A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Commissioner Hester moved to approve proposed Ordinance No.
87-46 on 1st Reading. Motion was seconded by Vice Mayor
Marchese.
Commissioner Zibelli stated that she had a problem with the
4/5 vote. She felt that a 4/5 vote would allow the minority
to rule the vote. Mayor Cassandra reminded her that they
were speaking of land use. Commissioner Zibelli noted that
everything in our country is run by a majority vote. Mayor
Cassandra stated that one of the problems was that
every time there is an election, there is a play by people
to get three votes to move something along. This has become
a political issue. He noted that the City has a $15,000,000
lawsuit against it because a land use issue had become a
political issue. He thanked Commissioner Zibelli for her
input and stated that he did not necessarily disagree about
the minority vote. He noted that when only three
Commissioners are present at a meeting, two people can
decide the issues. Vice Mayor Marchese stated that he felt
this Ordinance, over the long haul, is a good one and is
best for the City. Mayor Cassandra stated that the people
will decide this in a referendum. Mrs. Boroni took a roll
call vote:
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NOVEMBER 17, 1987
Mayor Cassandra
Vice Ma'lor Marchese
Commissioner Hester
Commissioner Mann
Commissioner Zibelli
Aye
Aye
Aye
Aye
Nay
Motion carried 4-1.
C. Resolutions:
None
D. Other
1. Consider Water Service Agreement for Trail's End
Plaza
This item was deleted by City Manager Cheney.
OLD BUSINESS
A. Select Advisory Panel to Community Relations Board
Gloria H. Skinner, 806 N.W. 4th Street, President of
Concerned Citizens for the Betterment of Boynton Beach,
reaffirmed their position as being in favor of the
Commission appointing an Advisory Panel. She felt by
creating this Panel, a specialized group could adequately
investigate the many concerns of the black community. She
feared that without the panel any program developed might be
misdirected or inappropriate to deal with the problems. She
stated that they meant no ill will toward the Community
Relations Board (CRB) and noted that there are many fine
citizens who serve on this Board and many are friends of
hers. She reiterated her concern over the problems in the
community. She clarified that by their absence at the CRB
Special Meeting, the Concerned Citizens did not intend this
to be taken as a boycott of the meeting. They notified the
City Manager by telephone and in writing, giving him
adequate time to cancel or postpone the meeting. Ms.
Skinner has spoken with the Chairwoman of the CRB and apolo-
gized for the misinterpretation of their absence by the
newspaper. Some of the citizens at the October 30th meeting
stated that they had no problem in speaking with the CRB,
but she feared that when they got into the actual investiga-
tion, there must be individuals who are familiar with
police procedures and human relations problems. She asked
that the Panel be appointed to serve with the CRB. They
want all of the problems looked into, and not just the
police brutality. This item brought them the attention they
needed to bring the other issues to the surface. She asked
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that the Commission strongly consider appointing the Panel.
She noted that the tension is even evident in the elementary
schools. There are more fights among the children. She
thanked the Commission for their time and attention.
Mayor Cassandra stated that his direction to the CRB was to
address all issues and not just the police brutality. He
noted that he was approached by a CRB person asking that an
outsider, such as a representative of the Department of
Justice, be a mediator for the problems in this area.
Mayor Cassandra stated that he met with Mr. Tommy Battles
after the Health Fair. They spent many hours talking to be
sure that Mr. Battles was competent to address all areas.
Mayor Cassandra was impressed with his abilities and offered
a suggestion. He requested that the following approach be
taken: The City would officially invite the Department of
Justice Representative (Tommy Battles) to become the
Mediator and investigate all concerns of the community
involved. He recommended a board made up of the following:
2 people from the Concerned Citizens for the Betterment of
Boynton Beach, 2 people from the North Boynton Community
Improvement Association, 2 people from the Ministerial
Service, 2 people from the Community Relations Board, and 2
people from the Chamber of Commerce. This board would meet
in private. After they meet, if a task force is still
needed, one can be appointed. Mayor Cassandra expressed his
feeling that the Commission should not be involved at this
point. He recommended that the people take this route in a
spirit of cooperation. He stressed the need to move now on
the problem.
Ms. Skinner clarified that Mr. Battles would be at the
meetings and Mayor Cassandra assured her that he promised to
be at every meeting the committee sets up. Mayor Cassandra
stated that he would arrange for a place for the meetings.
Commissioner Zibelli thanked Violetta Wright for bringing
Mr. Battles' name to the Commission. She also reiterated
that the Commission is involved in creating a better com-
munity for the citizens. She referred to the paint-up, fix-
up program as well as some of the other plans being
considered, as well as the fact that the City has put up
$350,000 to assist in the projects. In answer to
Commissioner Hester's question, Ms. Skinner stated that she
was agreeable to working with Mr. Battles and the group
suggested by Mayor Cassandra. Ms. Skinner stated that she
had spoken with Mr. Battles and she felt comfortable in pro-
ceeding along those lines. Commissioner Hester stated that
he felt that before words are spoken, the person should get
the story straight. He noted that this is not a black and
white issue but a Boynton issue.
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Vice Mayor Marchese stated that he felt Mayor Cassandra's
suggestion was excellent. He noted that the City must move
ahead and do it quickly.
Mayor Cassandra welcomed Mr. Sam Wright and his family to
the meeting and noted that he had tried to figure a way to
black businesses and black monies into the City when he was
on the Council. That is one of the suggestions Plantec made
to the City in their plan.
City Manager Cheney suggested that November 24, 1987 would
be a good time for Mr. Battles to meet with the group. He
requested that the names be given to him so that he could
set the meeting up. Mr. Battles requested that the group be
finished with their investigation by December 15, 1987 so
that he could recommend things that the City should do and
things the Community could do. He could also recommend if
he felt a task force was necessary by that time. City
Manager Cheney stated that Mr. Battles prefers that the
meetings be held at night.
Commissioner Hester made a motion to approve Ms. Skinner as
President of the Committee. Motion was seconded by
Commissioner Zibelli. City Manager Cheney urged the repor-
ters to allow the group to meet in private and to refrain
from asking the members any questions. Mayor Cassandra
thanked Ms. Skinner for the spirit of cooperation.
NEW BUSINESS
None
ADMINISTRATIVE
A. Consider replacement to fill vacant alternate position
on Community Relations Board - Term expires April, 1988
- Appointment to be made by Commissioner Ezell Hester,
Jr.----------------------------------------TABLED
Commissioner Hester made a motion to remove thia item from
the table. Motion was seconded by Vice Mayor Marchese.
Commissioner Hester recommended that Arline Weiner be
appointed to fill the vacant alternate position on the
Community Relations Board. Motion carried 5-0.
B. Set Date for Public Hearing - Las Palmas Landing,
Variance and Exceptions request from Subdivision and
Platting Ordinance, Appendix C of the City Codes.
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Vice Mayor Marchese made a motion to set the date for the
Public Hearing for Las Palmas Landing for December 15, 1987
at the Regular City Commission Meeting. Motion was seconded
by Commissioner Zibelli and carried 5-0.
C. City Manager Salary---------------------------TABLED
Vice Mayor Marchese made a motion to remove this from the
table. Motion was seconded by Commissioner Zibelli and
carried 5-0.
Vice Mayor Marchese moved to set the salary for City Manager
Cheney at $69,000 per year effective October 1, 1987. He
noted that this is approximately a 4 percent increase over
last year's salary. Commissioner Mann stated that he felt
this amount was too low. He referred to the fact that the
City Attorney's salary was approved at the last Commission
Meeting at $72,000 ($62,000 + $10,000 for his CRA work). It
was his feeling that the City Manager should receive a
larger salary than the City Attorney. Mayor Cassandra
pointed out that the $10,000 for CRA would likely be taken
away from the City Attorney. He suggested that the motion
could be amended to state $69,000 with a review in six
months. Commissioner Hester stated that he felt the City
Manager is responsible for all the people in the City and
his salary should reflect that. He stated that he felt city
Manager Cheney was a good manager and did not want to lose
him. He suggested that he be paid comensurate with his
duties. There was some discussion regarding City Manager
Cheney's pension and other benefits. Mayor Cassandra noted
that these other benefits should not be considered as City
Manager Cheney has had these benefits all along. There was
more discussion.
Vice Mayor Marchese amended his motion and suggested that
the City Manager's salary be set at $72,000 effective
October 1, 1987. Motion was seconded by Commissioner Hester
and carried 5-0.
ADJOURNMENT
There being no further business to come before the
Commission, the meeting adjourned at 10:20 P. M.
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CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
~~ Cljj).I)A11ry---
Recor Secretary
(Three Tapes)
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tenance of the pipe where it goes underneath the wall. -The
P&Z Board unanimously recommended approval. Mr. Annunziato
added that the easement lies directly east of the retaining
wall where you drive up to the doorway.
Mayor Cassandra said anyone wishing to speak for or against
the request could do so now. There was no response. THE
PUBLIC HEARING WAS CLOSED.
Commissioner Hester moved to approve the request, subject to
staff coments, and subject to the requirement that the appli-
cant file a hold harmless agreement for the maintenance of
the pipe where it goes underneath the wall. Vice Mayor
Marchese seconded the motion, and the motion carried 5-0.
C. Consider request submitted by Kieran J. Kilday, Agent for
the J.C.F. Partnership, for an amendment to the Future
Land Use Element of the Comprehensive Plan from Moderate
Density Residential to Office Commercial and rezoning
from R-1AA (Single Family Residential) to C-l (Office/
Professional) for the purpose of allowing construction of
a 26,550 square foot professional/medical office complex,
consisting of two separate buildings. The size of this
parcel is 2.7 acres, and it is located at L.W.D.D. E-4
Canal and Woolbright Road, southwest corner
Mr. Annunziato referred to the history of the parcel. In
the 1979 Comprehensive Plan, it was recommended for Office
and Professional Commercial. At the time of the zoning
hearings, the Commission instructed the Planning Staff to
revert the land use back to Residential, which they did.
The City was sued, and at that time the Judges ruled in
favor of the City, and the zoning remained. Following that
~ event, there was a request to put an adult congregate living
facility/nursing home on the site with 86 units. That
request came to the Commission with a positive recommenda-
tion, but it was recommended that the unit count be reduced
to 50.
Mr. Annunziato said the site occupies frontage on Woolbright
Road. A dead end private street abuts this property from
the south and could be developed as Residential in Section
10 of Leisureville, if the property owners agreed it could
be incorporated into that development.
The City Staff concluded that the request was reasonable,
given the conditions that exist today, which allow the City
Commission to approve these kinds of actions with conditions.
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I
Mr. Annunziato said this is one of those issues that could
go either way. He thought the property could be developed
residentially, and it could obviously be developed in the
form that was being requested. The impacts were approxi-
mately the same for sewer and water. However, the impacts
for traffic were greater under the commercial proposal.
One recommendation came from the Traffic Engineer, and that
was to extend the left turn lane for the west bound traffic
to serve the site. The P&Z Board recommended that the
request be denied on the basis of a 4-3 vote.
Mayor Cassandra commented that normally, the Commission gets
a traffic report. He could not accept the word, "minimal",
based upon the history. Mayor Cassandra thought Gene Moore
was the Attorney at the time of the request for 86 units.
The traffic impact at that time was a problem. He asked why
the traffic impact was not a concern now. At that time,
Mr. Annunziato said they were not asking for a change to the
Comprehensive Plan but were asking to develop under the
Moderate Density Residential category. At that point, the
applicant was confined to meeting the intensity requirements.
Here the applicant was requesting an increase in the
intensity of land use.
Mr. Annunziato advised that the Code requires a full blown
traffic impact analysis where 3,000 trips per day are
generated or 250 peak. hour trips. For a project of this
type, if it was all medical, it would be 55 trips per 1,000
square feet, which would be a peak movement of about 15%.
If it were all office, it would drop to approximately 15
trips per 1,000 square feet. Mr. Annunziato said the City
has a traffic impact analysis, but the evaluation is the
-' impact on Woolbright Road. Because the numbers are not
heavily generated, they suggest that Woolbright Road can
accept that traffic.
Mr. Annunziato informed Vice Mayor Marchese that the new
Local Government Comprehensive Plan and Redevelopment
Regulation Act clearly states that permits for land develop-
ment can be issued with conditions, but it has not been
tested in the Courts. Some people might consider that to be
contract zoning, but the Statutes do provide for that.
Commissioner Mann asked why the Planning Staff recommended
the intrusion into a residential area with a commercial
site. Mr. Annunziato said the Planning Staff attempted to
explain the reasoning under "Issues/Discussions" in their
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report. One of the areas they attempted to evaluate was the
impact on the development and whether or not the development
had an adverse impact on surrounding properties. Given
certain conditions, it could have an adverse impact, but
given some conditions of mitigation, such as properly located
walls, lighting shining away from the single family homes,
and conditions with respect to height, it appeared that the
negative aspects, as they related to the site and specifi-
cally its location, could be mitigated. Mr. Annunziato
stated that the Planning Staff also believes the property
can be developed residentially.
Commissioner Mann questioned whether it was going to be the
policy of the Planning Department to go into a residential
area and, on occasion, under a certain set of circumstances,
recommend rezoning it to Commercial. Mr. Annunziato
answered, "No", and added that this set no precedent.
Because of extenuating circumstances that evolved around
the City and him, Mayor Cassandra stated that in no way
could he approve this commercial property at all. He raised
the following for the Commission to consider:
1. The City went through an Evaluation and Appraisal (E&A)
and many meetings of the P&Z Board, as well as the
Commissioners, and it was agreed at that time that this
should stay as residential property.
2. At the P&Z Board, when the applicant came up, he made a
statement for the record that this was strictly for
speculation. Mayor Cassandra was concerned about land
use element changes for the economic reasons of the
applicant. In his opinion, that was what they were doing
right now. If the applicant speculates to develop the
land 50/50, and there is no guarantee that it will be
all medical or non-medical, and he is living with empty
spaces, it was Mayor Cassandra's bet that if the appli-
cant is a smart business man, he will sell the property
rather quickly to someone else.
Once the Commission approves the C-I zoning, Mayor Cassandra
wanted them to understand that whatever conditions the appli-
cant says he will meet, the new buyer will not have to meet
the legalities, and there can be another 30 foot building
like the one they heard about tonight. He expounded and
added that once they zone the land, they cannot take it
back.
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Mayor Cassandra said all of the Leisureville residents here
tonight saying they want something better than an empty lot
might not know if the empty lot is the best thing to have.
Mr. Annunziato added that some sentiment was expressed by
Members of the P&Z Board that these kinds of changes should
occur in comprehensive planning programs. Mayor Cassandra
felt that might be the way to go, if the applicant could
wait for the City Staff to go through a comprehensive
analysis and then made a comprehensive change.
Mayor Cassandra asked how binding it would be if the appli-
cant promises to build a one story level. City Attorney Rea
answered that the State Statutes allow for placing conditions
on rezoning. The question is, how long do they extend.
Theoretically, they should remain with the parcel. They
would run with the land, so to speak. The question is
again whether those conditions bind future Commissions and
ultimately what happens. Mayor Cassandra asked if it would
bind future buyers. Mr. Annunziato replied that they think
it will.
Vice Mayor Marchese stated that he has attended every meet-
ing Leisureville had and last Tuesday was the first time he
heard someone speak in opposition. The people in Leisure-
ville that are affected are strongly for this. Some people
in the audience protested. It seemed to Vice Mayor Marchese
that the people were in favor of a project of this type, and
it would not hurt the City in any way. He saw no reason why
it could not be supported. Vice Mayor Marchese commented
that all of life is speculation. Perhaps some people are
opposed to it, but he did not see them at all of the meetings
that took place. Vice Mayor Marchese was in favor of it.
He lives in Leisureville and wanted something to happen to
the property that he could be comfortable with.
'-
Mayor Cassandra asked if anyone wished to speak in favor of
the request and suggested that Kieran Kilday, Agent, speak
later so he could respond to the people.
Peter Esser, 1395 S. w. 17th Avenue, asked the Commission
to consider favorably the request. The place is rat
infested, and he killed eight rats in his back yard over a
period of four months. Therefore, Mr. Esser said the
property would have to be rid of rats before construction
starts because the construction will chase the rats to the
residents.
Mayor Cassandra thought the canals also bring rats. Even
after a building is put up, he thought they would still have
problems with rats.
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Wilbur J. Lynch, 1912 S. W. 16th Avenue, spoke as President
of the Boynton Leisureville Association and was in favor of
the request, as he felt it would be the best possible use
the parcel of land could be put to. Mr. Lynch felt it was
inconceivable that anyone would want to build single family
homes in the area, across from existing commercial. Doctors
offices will be a help to the people in Leisureville and
the surrounding areas.
Mr. Lynch said the developer assured them in writing that he
would landscape, buffer, and take care of the pest infesta-
tion on the property. The developer also stated, in writing,
that if the zoning change was granted, the only thing to be
built on the tract will be a medical/professional building.
Mr. Lynch handed a package to the Commissioners which
included a letter from the developer stating his intentions,
the dates of two meetings that were held in Leisureville
concerning this project, and he said he would go along with
what Vice Mayor Marchese said about the feedback from the
meetings.
Mr. Lynch said his Board was in favor of the change, and
they felt a majority of the people in Leisureville were in
favor of the change. He understood what Mayor Cassandra
said but thought the land had laid fallow for so long, that
it was an eye sore. Mr. Lynch felt the developer would
stick to his word. Under those conditions, he urged the
Commission to grant the request. There were further comments
by Mayor Cassandra and Mr. Lynch.
Mayor Cassandra informed Mr. Lynch that the application said
Mr. Lynch was hoping 50/50. Mr. Lynch was aware of what the
application said. Mayor Cassandra was concerned that if the
~, doctors do not come in, they will not have a medical complex.
If they cannot get doctors to go there, Mr. Lynch did not
think there would be concern if a lawyer went there. He
did not think the people of Leisureville would object. There
were more comments.
Mayor Cassandra asked if anyone wished to speak against the
request.
Catherine Thompson, 1407 S. W. 17th Avenue, said the residents
who live in Boynton West Leisureville, adjacent to the
property, were opposed to the rezoning. They bought their
homes in good faith in a residential community nine or ten
years ago. Since that time, the surrounding property has
been commercialized and developed. They have been able to
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adjust to most of the commercial properties because, in each
case, the property is separated by a wide canal. However,
the property now under consideration abuts their back yards,
and there is no canal to serve as a buffer.
If the rezoning is improved, Ms. Thompson said it can only
result in lowering the value of their homes. Once rezoned,
it will open up the possibility for any type of C-l zoning,
regardless of the submitted, proposed plans, and it opens
up the possibility of resales of property purchased as
residential and then available for resale as commercial.
Ms. Thompson stated that there was also the possibility of
future commercial bankruptcy without sufficient residents
to support them, and she called attention to the vacant
offices in a four story building and other stores and office
space in pylon Industrial Park on Woolbright Road with an
additional building planned. There is zoned and proposed
a two story professional medical building on the north
side of Woolbright Road at 22nd Street. There are two
unoccupied four story office buildings below S. W. 22nd
Street west of the canal, next to Sun Bank.
Ms. Thompson hoped the Commission would not change property
currently zoned as residential in the master Comprehensive
Plan and create commercial property, especially adjacent to
single family homes. She emphasized that the Boynton Beach
Leisureville Board of Directors, who appeared in favor of
the change, did not speak for them. None of the Directors
reside near the property.
Kieran J. Kilday, Landscape Architect and Planner, Kilday &
Associates, 1551 Forum Place, Suite 100A, West Palm Beach,
~ said he would try to address the issues that came up at the
P&Z Board meeting, as all of the Commissioners were there.
With him were Steve Elliott, Attorney on the project; Kirk
Stetson, Architect who prepared the rendering and will work
on the final plans; Keith Stuller, who handled the real
estate transaction; Robert Banting, of Anderson & Carr, West
Palm Beach, who was to look at some of the concerns regard-
ing the feasibility of the future development of the property.
Mr. Jingoli was also present, and Mr. Kilday said the
property is now owned by the Jingoli Family Trust. Mr.
Jingoli is also a resident of Hunters Run. Mr. Kilday
elaborated about the Jingoli family. He said Mr. Jingoli
being at the P&Z Board meeting and this meeting was only
indictative of the time he intends to spend being here,
working on the project.
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OCTOBER 20, 1987
Unfortunately, Mr. Kilday said the word "speculation" came
up. He explained that they are prepared to proceed immedi-
ately on this project. Mr. Stetson was authorized to
provide all working drawings, and the property will be built
as quickly as they can obtain working permits.
Normally, when you hear speculation, a guy comes in to
rezone property, turn around, and sell it to someone else
and get a profit. Mr. Kilday assured the Commission that
was not Mr. Jingoli's intent. When Mr. Jingoli was talking
last week, what he was saying was that he plans to "stick
with the property" and own the property until it is leased.
Mr. Jingoli is aware of the vacancy rates, but Mr. Kilday
said Mr. Jingoli also had a market study done to see why
there are vacancies in some of the other building in the
area. Because of this specialty type center, low scale, and
smallness of the center, Mr. Jingoli feels confident that he
can fill it up.
Mr. Kilday referred to the comment about empty stores. If
they get the approval from the Commission tonight, they will
still have to come in for site plan approval. The center is
being designed strictly as an office building, so there will
be no store front look to it. It will be set up with
interior corridors and with only limited windows because of
the nature of the businesses in it. It is not a situation
where something will be built, and they will come back and
say they wanted C-l, could not seem to rent it, and want to
open their options later. Mr. Kilday pointed out that the
actual physical design of the building would prevent its
use for anything else but this. He said the Commission can
guarantee it when they see the final plans of the building.
~ Mr. Kilday said the property has been sitting there for a
long time because of its location. He was involved with it,
on behalf of the City, in 1980. The rules that allowed
Leisureville to be built changed and what could be built on
the property would be a lot almost twice the size of the
Leisureville lot. Mr. Kilday said the possibility of access
through Leisureville is questionable at best. The current
access through the Leisureville roads is substandard,
according to the City's development regulations. Mr.
Kilday said all of those factions combined through the years
to say that, in all probability, resididential single family
in the practical world is not feasible on this site. That
being determined, they looked at the other possible changes
and came up with the C-I use and with the knowledge that
conditions could be placed upon the property.
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OCTOBER 20, 1987
Mr. Kilday said C-l is the most restrictive use in the City.
It allows for office type uses which open at 9:00 in the
morning and close at 6:00 at night. They are generally
closed on Saturdays and Sundays. Therefore, they can be
amenable to residential single family around them. The C-l
seemed to be a good use if it could be properly restricted,
and Mr. Kilday believed it could be.
Mr. Kilday drew attention to the plan and said it will be
one single story building. The corridors will be interior
air-conditioned corridors. The height of the roof will be
13 feet. In order to hide the air conditioning, the
parapet on the roof will rise to a height of 16 feet, 8
inches. Mr. Kilday said they would bring the various
specific facts and figures up because they could live with
those conditions even as of tonight.
Mr. Kilday thought the wall they proposed around the build-
ing would provide additional security, as well as separation
between vehicular parking. Their intent is that the bottom
row of parking, which will be adjacent to the residents,
will be designated for employee parking so there will not be
traffic going in and out.
In terms of where the property is, Mr. Kilday told
Commissioner Mann it is the last piece out there that is
undesignated. Probably, if it was not for that situation,
C-l would be very questionable on it, but they saw it as a
situation where they have C-l on one side, across the street,
and very limited definite access out onto Woolbright Road.
Based on that, Mr. Kilday asked for the Commission's
approval. He thought he had summed up concerns about the
feasibility of a single family development on the property.
'.
Mayor Cassandra asked if the driveways were according to
Code. Mr. Annunziato replied that the driveways were
consistent with the Code. If the Commission so desires,
do they first vote for the rezoning and then go through the
Comprehensive Plan procedure. If the Commission desired to
approve the request, Mr. Annunziato said the next step would
be for them to advise the City Attorney to prepare two Ordi-
nances. One would amend the Land Use Element of the
Comprehensive Plan, and the second one would be to rezone.
Because of the size of the tract, it does not have to go to
DCA but can be approved through normal procedures after
proper advertising. The City reports to DCA twice a year on
what they call small project approvals, and this would fall
under that. It would not be reported until it was completed.
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OCTOBER 20, 1987
If it completed after December 1st, it would not be reported
in the December 1st submittal.
As no one else wished to speak for or against the request,
THE PUBLIC HEARING WAS CLOSED.
Vice Mayor Marchese moved to approve the request, seconded
by Commissioner Zibelli. Mayor Cassandra said the motion
should be subject to conditions. City Attorney Rea inter-
jected that the City would make it subject to conditions
regarding the height and concrete block wall separations as
contained on page 3 of the memo from Mr. Annunziato,
Planning Director, to the P&Z Board, dated September 22,
1987. Mayor Cassandra asked if the comments said one level.
City Attorney Rea answered that the memo says "one story {IS
feet).1I
According to the Comprehensive Plan, Commissioner Mann said
the land is zoned Residential. The only way you can change
the Comprehensive Plan is if there is a mistake. If the
Commission has any integrity at all, Commissioner Mann
emphasized that they had to stay within the law and added
that to rezone the site from Residential to Commercial for
no reason other than economics would IIshoot the Compre-
hensive Plan apart. II He remarked that it was another case
of spot zoning, and he urged the Commission not to rezone
the property.
Vice Mayor Marchese referred to a property at Seacrest and
23rd Avenue, which was rezoned from Residential to Commer-
cial two weeks ago. Commissioner Mann questioned whether
Vice Mayor Marchese recalled the discussion at that time.
Vice Mayor Marchese thought the City was composed of people
~ and said the majority of people affected by this piece of
property were in favor of it, which was good enough for him.
He stated that he had the authority to make a change in
the Comprehensive Land Plan Use. By using that mechanism,
there was no way anyone could say the Commissioners did not
know what they were doing. Commissioner Mann asked if Vice
Mayor Marchese could support that majority statement. Vice
Mayor Marchese replied, "Absolutely, because he was there."
Commissioner Mann asked Vice Mayor Marchese if he heard Ms.
Thompson's comments. Vice Mayor Marchese answered that
Commissioner Mann heard one lady, but he heard over 150
people speak.
On the one story building, in the staff report, Mr. Kilday
observed that it said 15 feet. He informed the Commission
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BOYNTON BEACH, FLORIDA
OCTOBER 20, 1987
that the building height is 13 feet, but the parapet height
is 16 feet 8 inches so they can hide the air conditioner.
A man in the audience was told by Mayor Cassandra that he
could not speak because of the parlimentary procedure, but
the man stated that none of the people that live next to the
property were approached to give their individual opinions
until today or yesterday. The man continued to speak.
Mayor Cassandra interrupted him and explained the parlimen-
tary procedure. The man further commented and said he did
not think the request should be approved until the people
adjoining the property were contacted. He said 150 people
Vice Mayor Marchese knew said, "Yes", but 900 people live
there. The 150 people live on the other side. Mayor
Cassandra again told the man he was out of order.
A vote was taken on the motion, and the motion carried 3-2.
Mayor Cassandra and Commissioner Mann voted against the
motion.
DEVELOPMENT PLANS
A. Planning and Zoning Board
1. Consider request submitted by Kevin McGinley, Agent
for D. R. Associates, for approval of an amended site
plan to allow for the construction of project signage.
This development is located on West Boynton Beach
Boulevard at the L.W.D.D. E-4 Canal, northwest corner.
(Cross Creek Centre). . . . . . . . . . . . . .TABLED
Commissioner Hester moved, seconded by Vice Mayor Marchese,
to remove this item from the table. Motion carried 5-0.
~
Mr. Annunziato said this was somewhat complicated. The
request went to the P&Z Board, and it was his understanding
that no clear recommendation went to the City Commission.
Mr. Annunziato believed it was a 3-3 vote and was sub-
sequently tabled by the City Commission because the appli-
cant did not appear before the Community Appearance Board
( CAB) .
At last night's CAB meeting, Mr. Annunziato thought it was
sorted out. He read from a memo addressed to City Manager
Cheney from Don Jaeger, Building Department. Mr. Jaeger
advised that the CAB unanimously recommended signage for
Cross Creek with the deletion of a pylon sign and the
substitution of two low entrance wall signs. Other approved
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
NEW BUSINESS
A. PUBLIC HEARINGS
ABANDONMENT
1.
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
OCTOBER 13, 1987
Holiday Inn
James J. Moran
Mr. and Mrs. C. L. Leeman
East side of Interstate 95, between
Boynton Beach Boulevard and N.W. 1st
Avenue
That certain 50' wide strip of land
lying between Block 71 and Block 73
of Beverly Hills Addition No.3, as
recorded in Plat book 13 at Page 64,
Public Records of Palm Beach County,.
Florida~ which certain 50' wide
strip constitutes the northerly
extension of N.W. 4th Street in
Boynton Beach, Florida, heretofore
abandoned.
Request for the abandonment of a 50
foot wide utility easement
Ms. Tambri Heyden stated that this easement abandonment
request is located east of Interstate 95 between Boynton
Beach Boulevard and N.W. 1st Avenue. She stated that as a
condition of site plan approval and construction of the
Holiday Inn, N.W. 4th Street between Boynton Beach Boulevard
and N.W. 1st Avenue was abandoned. Until the underlying
utilities could be relocated and a new easement established,
a temporary easement was dedicated. Water and sewer utili-
ties were relocated and a new easement dedicated July, 1979.
A temporary 50' wide utility easement is not needed as it is
no longer used for water and sewer. The City Engineer
recommended that the easement be abandonded. Memo from John
Guidry, Director of Utilities, was read into the minutes and
is attached to the original copy of these minutes as
Addendum E. This memo states that the Utilities Director
has no objection to granting this easement, subject to prior
receipt of a hold-harmless agreement from Mr. Leeman for any
damage to the wall which lies over the utility easement.
. .
There was some discussion that this request had been pre-
sented previously, and Mr. Ryder stated that he did not see
that it would be in the interest of the City to grant this
abandonment. Mr. Golden assured the Board that this issue
had nothing to do with a previous request. He stated that
the applicant is trying to clear title to the property.
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1987
Mr. Charles Leeman, 8845 S.W. 176th Terrace, Miami, Florida,
stated that this is basically a housekeeping chore. He
noted that a mistake was made and the easement was never
released. He noted that the easement runs close to the
building adjacent to a retaining wall between the two
buildings. Mr. Leeman stated that he was sure that they had
already filed a hold harmless agreement with the City, but
he would be glad to do so, if that had not been done.
As no one wished to speak in favor or against this request,
THE PUBLIC HEARING WAS CLOSED.
Mr. Blanchette made a motion that the request for utility
easement abandonment be approved subject to the receipt of
the hold harmless agreement letter. Motion was seconded by
Vice Chairman Wandelt and carried 7-0.
LAND USE ELEMENT AMENDMENT/REZONING
2.
Project Name:
Agent:
Owner:
Location:
Legal
Description:
Description:
Woolbright Professional Center
Kieran J. Kilday
Kilday and Associates
J.C.F. Partnership
c/o C. Glenn Leonard
Woolbright Road at L.W.D.D.
E-4 canal, southwest corner
Parcel "D", Plat of Tenth Section,
Palm Beach Leisureville, City of
Boynton Beach, Palm Beach County,
Florida as recorded in Plat Book 30,
Pages 129-141
Request for an amendment to the
Future Land Use Element of the
Comprehensive Plan from Moderate
Density Residential to Office
Commerical and rezoning from R-1AA
(Single-Family Residential) to C-I
(Office/professional) for the pur-
pose of allowing construction of a
26,550 square foot
professional/medical office complex
consisting of two separate buildings
Mr. Golden noted that a minor correction was needed in the
memorandum from Carmen Annunziato dated September 22, 1987.
Line 3 of the memorandum, "R-lAAA" should read "R-lAA."
Mr. Golden stated that this parcel occupies 526.79 feet of
frontage on the south side of Woolbright Road, immediately
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MINUTES - PLANNING & ZONING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1987
west of the E-4 canal. The property is currently vacant.
The applicant wishes to have the property rezoned and
developed for a 26,550 square foot medical/office complex
consisting of two single story structures. He pointed out
the conceptual site plan which outlined the applicant's
proposal. To the east is the E~4 canal right-of-way (155'
wide), and across the canal, further to the east, is the
Pylon Interstate Park consisting of two buildings which is
zoned C-l (office/professional). To the south and west are
single family homes in Section 10 of Leisureville, zoned
R-1AA PUD. To the north is a 120' wide right-of-way for
Woolbright Road, across Woolbright to the northwest is the
Leisureville Convenience Center, and to the east is a site
which has been rezoned to C-l and is being developed for Dr.
Chua's medical clinic. Further east of the E-4 canal is a
vacant strip zoned R-IA, and east of that is a vacant C-2
neighborhood commercial tract.
The property in question was originally zoned C-4 and -\
intended to be used for trailer and boat storage for
Leisureville residents. In 1980 the property was rezoned to
R-lAA. As presently zoned, this property could accommodate
12 single family homes with access provided by buying an
existing 30' wide dead-end street in Section 10 of
Leisureville, if this property becomes a part of the
homeowners' association. Otherwise, access would be from
Woolbright Road. There is a median cut adjacent to this
property which could serve as access for the west bound
lane.
Mr. Golden continued that rezoning to C-l would permit an
office/professional structure up to 25', 2 stories high.
The maximum allowable height could be increased to 30' if
under-building parking is provided. There is other C-l,
~, C-2, and C-3 zoning in the area, so this rezoning request
could be said to constitute an expansion of the commercial
zone mode at Woolbright Road and the E-4 canal, and would
not constitute spot zoning.
Mr. Golden noted that there are a number of Comprehensive
Plan text provisions outlined in his report. One regards
whether or not developing this property as commercial use
will have an adverse impact on surrounding properties. He
stated that the size of the property would allow development
without significant impact to the residents to the south and
west. The use of the property for offices would not change
the character of the neighborhood since office/commercial
land use is already established in the area. The C-l use
does not usually create nuisances such as litter, odors,
noise or glare and would probably not operate after 6:00
P.M. A 2' high hedge at time of planning or 6' high
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MTNT1'T'F.~ - PLANNING & ZONNING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1987
concrete block wall for buffering along the southern and
western property boundaries would be required according tQ
city zoning regulations. The staff recommends that the 6"
high wall, rather than the hedge, be provided along the
southern and western property boundaries and that parking
lot lighting be directed away from the residences. Staff
comments are attached to the original copy of these minutes
in the Office of the City Clerk, as Addendum F. Mr. Golden
noted that even though these type offices are generally not
used after 6 P.M., the parking lots are usually kept lit for
security and police patrol purposes. Another condition for
zoning, should be that the building be limited to 15', one-
story, to protect the adjacent residences. He stated that ~.
there appears to be an adequate supply of office space in
the vicinity, however, this is a specialized type of office
space not generally found in the area. This would be more
professional/medical as opposed to general office space. -~
Mr. Golden noted that the property probably could be deve-
loped for single family homes. There are some new homes
constructed near the intersection of .23rd Avenue and
Congress and this would tend to support the conclusion that
it might be economically desirable to build single family
homes.
Mr. Golden noted that the property is highly accessible.
Uses permitted would have minimal impact on nearby resi-
dences and commercial zoning would not create a commercial
strip since commercial zoning is fairly compact and access
is well controlled. He pointed out that commercial zoning
could not extend any further on Woodbright Road.
Mr. Golden concluded that C-l zoning would be consistent
with the other parcels in the vicinity and would be con-
sistent with Comprehensive Plan policies for locating com-
. mercial uses and protecting residential neighborhoods
subject to the conditions outlined for buffering, glare, ang
building height. He noted that the Planning Department
recommends approval subject to the above conditions. Staff
comments are attached as Addendum G to the original copy of
these minutes in the Office of the City Clerk.
Mr. Ryder questioned the reason for .changing the zoning to
C-l, as he noted that Mr. Golden said the land could be
developed for single family homes.
Chairman Trauger recapped that this property was rezoned in
1980 to R-1AA for the protection of the residents at that
time. He also noted that at the time the Comprehensive Plan
was beind developed, the residents wanted this piece of pro-
perty left R-1AA and commercial use was ruled out.
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MINUTES - PLANNING & ZONNING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1987
Mr. Blanchette querried if the property is specifically
being proposed for a medical building at this time. Mr.
Golden stated that the indication is, based on documen-
tation, the traffic statement and conceptual site plan
review, that this will be a medical building. He pointed
out that, if rezoned, it could be used'for any mix of
professional/medical. However, he noted that no retail
would be allowed.
Chairman Trauger read the letter dated September 22, 1987
from Margaret F. Herman, 15061 S.W. 16th Street, Box 83, Lot
93, Boynton Beach:
"Dear Sir:
This letter is my approval of the property on the other side
being zoned C-1 so that a row of doctors' offices can be
built there. Thank you, Margaret Herman. I will that they
can get rid of the rats first."
Mr. Walshak noted that this request is consistent with other
requests the Board has approved recently. He further stated
that he had spoken with several people in Leisurevei1le and
they were in favor of the rezoning.
Chairman Trauger pointed out that this Board has to put some
controls on the rezonings, and he felt that control is the
Comprehensive Land Use Plan. He stated his feelings that
this plan should not be violated.
Mr. Kieran J. Kilday introduced the people attending the
meeting with him. They were Mr. Joseph Jingoli, a resident
of Hunters' Run and the new owner of the property as of
10/13/87: Mr. Kirk Stetson, architect for the property who
has prepared an elevation: Mr. Steve Elliott, attorney for
"" the project: and Kei th Schuler, real tor.
Mr. Kilday noted that this property has been vacant for many
years. He noted that C-4 zoning was changed in 1980 to pre-
vent more intense use. He stated that he was aware of the
history of the property, and he contacted the people of the
community first and brought their conceptual plan as well as
architectural drawings to them. He rioted that he found many
concerns when he contacted the people. The rats were a big
concern on this vacant property which has not been main-
tained. Mr. Kilday noted the residents were concerned about
the height of the building, and concealing air conditioner.
He pointed out that the two buildings would be connected
with an interior corridor for better security. The
buildings will be one story and located toward Pylon Park
Center away from the residences. There are no alleys or
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MINUTES - PLANNING & ZONNING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1987
or places for garbage to collect or trucks to run down. The
building height is proposed to be 13'4" with a parapet
around the side and the top making the building with parapet
16'8". The parapet conceals the mechanical equipment. He
noted that the entire plans would have to come back to the
Board for approval. He stated that it had been their inten-
tion from the beginning to put in a 6' wall as security for
the project as well as for the residents. He also stated
that all lighting would be low scale and away from the resi-
dents. He noted that no retail use is permitted under C-I
zoning. His intent is to build a quality professional
center which is low scale. He noted that they split the use
_ half for medical and half for other professional uses - to
cut back on traffic. He noted that the lots would have to
be 8,000 square feet lots to accommodate 12 houses and that
would not be consistent with the size of lots in the
surrounding neighborhood. He pointed out that it would be
difficult to access this property for single family homes,
and access would probably have to be from Woolbright Road.
,
Mr. Joseph Jingoli, the new owner of the property, stated
that he is in the construction/development business and has
built in New Jersey and Pennsylvania as well as in Florida.
Mr. Blanchette asked Mr. Jingoli if he had prospective
tenants for the building. Mr. Jingoli replied that at the
present time, this would be considered a spec building and
he does not have specific signed leases. In answer to Mr.
Blanchette's question, Mr. Jingoli replied that he does plan
to use the building as a medical building, pointing out that
he has two medical buildings of 24,000 square feet in New
Jersey which are dental/medical buildings.
Mr. Walshak asked if Mr. Jingoli was going to take care of
the rat problem irregardless of the outcome of the rezoning
request, and he replied that he would take care of the
problem with a pest control compny. Mr. Blanchette noted
that it would probably be impossible to get rid of all the
rats.
Mr. Wilbur Lynch, 1912 S.W. 16th Avenue, President of
Boynton Leisureville Association, spoke in favor of the~'
proposed development. He stated that the developer had spo-
ken to the residents and presented their proposal on several
occasions. He noted that he felt the use as a
medical/office complex would be the most acceptable plan for
the area as the developer had assured them in writing that
the development would be harmonious with existing homes in
Leisureville. He urged the change in zoning as requested.
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MINUTES - PLANNING & ZONNING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1987
Mr. Ryder noted that Mr. Lynch had been violently opposed to
Tradewinds development and Mr. Lynch agreed that he was, due
to the traffic it would have created as well as the size of
the Tradewinds project. Mr. Wandelt asked if Mr. Lynch had
an agreement in writing from Mr. Jingoli as to the proposed
use of the land. Mr. Lynch stated that they did have an
agreement in writing, noting that there are many residents
in Leisureville who would benefit from having medical
offices in the area.
Mrs. Catherine Thompson spoke against the proposed develop- *
mente She noted that she lives adjacent to the property in
question and stated that neither she nor any of the other
people adjacent to the project were never contacted per-
sonally by any of the people connected with the project. {
She noted that there were two meetings and they opposed the
project at that time. She also noted that there were resi-
dents living across from the shopping center on Woolbright
at the present time, and she was not convinced that people
would not buy a home if the land was developed for single
family homes.
As no one else wished to speak THE PUBLIC HEARING WAS
CLOSED.
Mr. Lehnertz stated that he had not heard any compelling
reasons for rezoning, noting that Boynton Beach is a resi-
dential city and he saw no overriding reason to change.
Mr. Blanchette asked Mr. Annunziato if twelve homes could be
built on this property and how much utilities would cost.
Mr. Annunziato stated that the value of the land has
increased recently and may be out of the residential use
territory. He stated that this is a market function and not
~. a zoning function.
Mr. Ryder stated that he felt that land zoned residential
should be kept residential.
Chairman Trauger stated that he was against the change in
zoning due to the Comprehensive Plan, even though he did
like the idea of using the land for medical buildings. He
noted that there are few lots left which would accommodate a
$150,000 to $190,000 home in the City of Boynton Beach.
Mr. Ryder made a motion that the request to rezone from
R-1AA to C-1 be denied. Motion was seconded by Mr. Lehnertz
and carried 4-3 with Mr. Blanchette, Dr. Jackier, and Mr.
Wa1shak voting against denial.
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MINUTES - PLANNING & ZONNING BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 13, 1987
B. SUBDIVISIONS
MASTER PLAN MODIFICATION
Owner:
Boynton Lakes Plat No. 2
Jack Wolfe, president
Plat No.2 Homeowner's Association
Boynton Lakes Plat No. 2
Homeowner's Association
East side of North Congress Avenue,
south of Hypoluxo Road
Request for approval of an amended
master plan to allow for a reduction
in the rear setback from ten (10)
feet to 3.5 feet to allow for the
addition of screened porches
1. Project Name:
Agent:
Location:
Description:
Ms. Heyden stated that the subject property is located on .
the east side of North Congress Avenue and south of Hypoluxo
Road which is east of the Meadows PUD. On September 15th
the City Commission determined that the requested modifica-
tion to the previously approved master plan for Plat No. 2
for Boynton Lakes PUD to allow for reduction of the rear
setback from 10' to 3~' was not a substantial change. This
decision allowed this request to come before the Board for
approval or denial. She noted that the TRB recommended
approval subject to the Building Department's comments,
attached to the original copy of these minutes as Addendum
H, located in the Office of the City Clerk.
Mr. Ryder asked a question concerning about cutting back on
the rear setback. It was noted that the setback is 8' for
screened enclosures. Mr. Golden noted that with the roof,
it is considered a structure: without the roof, it is considered a
screened enclosure. There was discussion regarding how
close the homes would be if two houses back to back made the
room addition. Mr. Golden stated that there was only one
situation where two homes would be IS' back to back.
Ms. Heyden referred to a letter from Mr. Jack WOlfe,
President of the Board of Directors, Homeowners' Association
#2, which states that rear property lines back onto a 20'
wide common area and do not abut onto the neighbor's prop-
erty line. His letter also states that 60 of the homes do
not have any homes in the rear of their property as they
back up to Boynton Lakes Boulevard, Congress Avenue, Estates
Road or the canal. Mr. Wolfe's letter is attached to the
original copy of these minutes as Addendum I, located in the
Office of the City Clerk.
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