LEGAL APPROVAL
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ORDINANCE NO. 097-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
THE CONDITIONS OF APPROVAL OF THE ORIGINAL
REZONING CONTAINED IN ORDINANCE NO. 87-41
TO MODIFY THE CONDITIONS OF APPROVAL
CONTAINED THEREIN; PROVIDING FOR CONFLICTS,
SEVERABIL TY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida
previously rezoned a certain parcel of land known as the Woolbright Professional
Center by Ordinance No. 87-41, dated November 17,1987; and
WHEREAS, said Ordinance imposed certain conditions of approval upon said
parcel concurrent with the rezoning: and
WHEREAS, the applicant has requested that one of the conditions be
modified from the original condition established in Ordinance No. 87-41 ; and
WHEREAS, public hearings have been held with regard to said modifications,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: That the conditions of approval of the rezoning of Woolbright
Professional Center contained in Ordinance No. 87-41 which rezoned said parcel
from R-1AA to C-1 Office/Professional are hereby amended. Said new conditions c;>f
approval are hereby attached and incorporated by reference as Exhibit "A" to this
Ordinance which include staff comments dated September 26, 1997.
Section 2: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
Section 3: Should any section or provision of this ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision
shall not affect the remainder of this ordinance.
Section 4: This ordinance shall become effective upon adoption.
FIRST READING this.t2lL day of October, 1997.
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SECOND, FINAL READING AND 'PASSAGE this L day of November, 1997.
CITY OF BOYNT
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Mayor
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ATTEST:
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ORDINANCE NO. 87-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING ORDINANCE NO. 80-19 OF SAID
CITY BY ~ A CERTAIN PARCEL OF LAND
MORE PARTICULARLY DESCRIBED HEREIN, FROM
R-1AA (SINGLE-FAMILY RESIDENTIAL) to C-l
(OFFICE/PROFESSIONAL); PROVIDING A
SAVINGS CLAUSE; PROV llJ1Nli :t<.E"f'BALING
PROVISIONS; PROVIDING AN EFFRCTIVE DATE;
AND FOR OTHER PURPOSES. .
WHEREAS, the city commission of the city of Boynton
Beach, Florida, has heretofore adopted ordinance No. 80-19
in which a Revised Zoning Map was adopted for said city. and
WHEREAS, the owners and agents of the property have
requested the above mentioned zoning classification. and
WHEREAS, the planning and zoning Board of the city of
Boynton Beach, Florida, has heretofore held public hearings
regarding said rezoning; and
WHEREAS, the city commission deems it in the best
interest of the inhabitants of said city to amend the
aforesaid Revised zoning Map as hereinafter set forth.
NOW, THEREFORE, BZ IT ORDAINED BY THE CITY COMMISSIClIf
OF THE CITY OF BoYNTON BEACH, FLORIDA:
located in the city of Boynton Beach, Florida, be and the
section 1:
That the following described land,
same
is
hereby
rezoned
from
R-1AA
(Single-FamilY
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i\ hereby made a part hereof by reference.
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ii particularlY described as follows:
parcel "D", Plat of Tenth section, palm
Beach Leisureville, city of Boynton
Beach, Florida acco;:qcing to the Plat
thereof, on file in the Office of the
circuit Court in and for palm Beach
county, Florida as recorded in Plat Book
30, pages ~41.
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section 2:
That the aforesaid Revised Zoning Map of
the city shall be amended accordingly.
section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
section 4:
Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such.decision shall
not affect the remainder of this Ordinance.
Section 5:
This Ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of
~tJe#r~j/
1987.
;it
SECOND, FINAL READING and PASSAGE this /7 'day of
~~ve#1J~y , 1987.
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CITY OF BOYNTON BEACH, FLORIDA
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MaYor
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Vice M yor
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commissioner
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comm~ss~oner
ATTEST:
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(Corporate Seal)
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08/28/97 THU 11:34 FAX 1 561 989 0304
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IMAGEOl : FL-97-38S15-1 08/21/1997 02:16:32pm
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fE'TURN TO:
Moyle, 1!'1Bnlqan. :Katz,
lit~(Jetald (a Sheeblln, P.A.
Peter L. Breton, Eaqdre
P.O. HOX 3BBB
Hest J'lllm Bssall. FL 33402
PREPARED BYI
KQyle, I'le.niglln, latz.
ritEGuald & fiheehen. P.A.
.fotor L. Praton, Isquire
~,O, Box 3888
We=st palm Baaotl, PL 33402
NOV-2i-19llS 04~OSPIl ga-32319:2
ORa 5879 P9 251
Con SO.OO Doc ,55
J~ a DU~(lE,Cl.ERK - P8 COUNTY, ~_
r6IlllC@ llhOvp. this l1m~ for fncorll.inQ l1Al:Il~
092788-1
:t2:ua
GRANT O? EARKMENT
KNOW ALL ME1I B~ TII2Sl!: PRESEIlI':\'6 that WQO:r.aRI<IIIT PROfESSIOBAL
CENTE~. e New JeflJey pilrt:nerahip ("'Owner->, in consldautlon of
the I'JI,llll of TEN DOLL~S ($10.00) anO othar good and valuable
considoration, tbB receipt and adequacy of .,hlc:::h. 1zs berehy
acknowleo.ged, doe, hereby gUilt: unto the Cln OF BOYNTON BEACH, .
municipal corpouUon of the State of Florida, and its luCCenon
lln(l lJ9s:l.gnl: (.Cj,tJ~>, a p"rl'ui:ual, nOI\-~J;clu5iva i!Ja"emont: to be
:1..1=., rephcement ant!
11~d appu~tonant
a~rou I;he following
mllint:enlmCEI
, operal:.ion,
of en ul1dorground wat:er
ellulpmGnt Over.,..... ur."6ir-'iiid"
above-grounO
dascribe" lands of the Owner I situate, lyin~ 3n" beln9 io Palll1
Beech County, Flodd., to wit:
A PORTION Of PMCEL -Oil OF Tim PLAT 01" PALH
"EACH L!ISUREVXr.X.E 10TH S&C'l'ION AS RECORDED IH
Pr..A1: DOOK 30. PI\GB5 129 THROUGH 141, J?nr..M BEACH
COUNTY PUBLIC RtCORDS.
SAID PORTION BBING MORE PARTICUL}UU,Y DESCSlIBJ;D
AS FOLLOWSt
FROM. THE SOUTIIHBS'f COiNER OF BAlD PAllC~L liD"
RUN NU.U'14"B ALONG THE NOR'!H LINE or SAID
PAJtCBL IOD" A DISTANCE Of' ;l04. 23 1"ERT TO '.1'1Ut
POI~'t OF CCRVATUllE OF A CunVE CONCAVE 'l:O THE
SOUTHEAST HAVING A MDIUB OF 849.45 FEET,
TllB~CE It:)1t1'ttEAS'l$]UjlC ALONG THE AaC 01 SAID
CURVE 111100GH 1\ CEN'rRAL ANGLB 01" 04 "07.. 13" A
DIBTANCJ: OJ! 133.00 pm" TO 'rilE :J?OIttT OF
BEG INN IDC.
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Page 1 of3
08-28-97 11:02AM PODS "26
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08!2~/97 THU 11:34 FAX 1 561 989 0304
.MAGEOl : FL-?7"3881S-1 08121/199702:1c):32pm
M.S.W.K. & D., P.A.
: .Hot NEWMAN, RIC
IgJ007
Page 2 of 3
ORB
S8i'9 PI 252
CON'rIHUIi: '11IBlICE ALCmG THE ARC 011' SA~D r:JRVB;
THROUOH A CEJlTmJ. ANGLE Of 00-22' 18" A bIS't~y;C8
OF 12,00 FEU: TRUCE SlS'30'U-E A DtS'lANCE OF
23.88 r~RT; THtNCI 800'22'42"" A DISTARCE OF
149.89 FRET I 1'IlBtICJ 189-3"7'18"" A DlS'l'hNCB OF
12.00 I'BBTl TRUC! 600"22'42'"1 A DIS'tAJlCE OF
148.11. !'Eftl XU!IICE N1&-30'2tN A DISTANCE OF
22. 10 FItIT 'l'O THE IOIftT OF BBGUlIING.
TOaSTHER WX'lH 8 perpetual, non-.ezclulJ,ve easement to bil u5Ad
for the losl:lllal:10n. operation, tepoir, replacelllent anI!
maintlmanCQ of 8n under9round unitary 118W8t nain Bnd .Pl'~rtel!iIDt
above-ground 8lJ\.1ll'lUenl: over, upon and eaton the tollowiag
described hnl1s of the Ownlr, to w1t:
A POJlTlOIl'l or PARCBL "0" f]F '.tJm PLAT OF PALM
BEACH Lt!:ISTJRIVILL! 10m BJ!X:l'IOI!I. AS RBCORDED IN
PLM' BOOlt 30, PAGIS 129 THnoUGll 141. P.l\L14 DEACII
COUBtt PtnJLIC BOORDS. SAXD fORTIOH agING MORB
PA)t'1'ICtJt.AlU,Y. DESctlIsm .\S rOLLON&I
FROM THE SOtt1'Hl4ES1' CORNb OF SAID p.uCEL -D-
RUB . 1189.D7'1O.~ !LObO '1'9 SOU'nl J.nm OF SAIll
PUczr. "D'" A DIBfAlfCE OF 49.00 raT TO 'THE
POUt'! or BEGINNIIG.
COBTINU1!I: !tHENCR 689.37'lB'"E A DIST.\lfCE Of
192.00 VERT, 'r1tDlCE 1I001l23'42-B A DIS1'ANCIl: OF
:U.OO FEBT: 'lHEKCB &89831'18"" A DIS"lANCl: Of
192.00 FEEt: 1'UlfCB SOO-U'4Z'H A DXST~CE OF
20.00 ro TflE POIBT OF BEGIHYIIIO.
The owner, howAver, te$!;lt'/9S the tight. and p Ii vilege to use
tile Bbove-c1C!8cdbet!l a$liel1OlIl:s for all purposeti e:acGpt as horalll
gr:antBd QJ: os night int8rflltB 1Iith the citY'1!! usa, occupation or
9njOymen~ thereof. or as ftdvht cause. ha:ardous condi~ion.
III WITNESS WHEltEOF, t:hl <>mer haa executed this Grant of
!a~e.u~nt 'this '7 day O~ Ot.f~;'t,... 1988.
Siqne~1 s8ale~ and dftllvered
in the pressnell of:
(l)~" tfr ~/U9'
(2l.i(B. iJ\). .UJ!l<<~~
WOOLBRIGHT PROF!SSIO~AL CENTEa,
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MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
NOVEMBER 4,1937
~
Proposed Ordinance No. 097-50 Re: Woolbright Medical Offices
Rezoning
Attorney Cherof read Proposed Ordinance No. 097-50 by title only.
MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO ADDRESS THIS ORDINANCE.
Motion
Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 097-50, Commissioner
Bradley seconded the motion,
City Clerk Sue Kruse polled the vote, The vote was unanimous.
B. Ordinances _1st Reading
1. Proposed Ordinance No. 097-51 Re: Amending the Code of
Ordinances to replace the term "Code Enforcement Board" with the term
"Code Compliance Board"
Attorney Cherof read Proposed Ordinance No. 097-51 by title only.
Motion
Vice Mayor Titcomb moved to approve Proposed Ordinance No. 097-51, Commissioner
Tillman seconded the motion.
City Clerk Sue Kruse polled the vote. The vote was unanimous.
C. Resolutions:
1. Proposed Resolution No. R97 -189 Re: Authorizing the Mayor and
City Clerk to execute an interlocal agreement between the City of
Boynton Beach, the City of Delray Beach, and the City of Boca Raton,
providing for creation of the South Palm Beach County Public Safety
Communications Cooperative
Motion
Vice Mayor Titcomb moved to table. Commissioner Bradley seconded the motion that carried
unanimously.
.
D. Other:
1. Discuss enactment of an ordinance prohibiting Iive-aboards on
vessels and other waterborne structures within the city limits
Commissioner Bradley explained that a number of homeowners in the north end of the City
have complained about a boat that is anchored in the Intracoastal Waterway. Approximately
17
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NOTICE
roJ ~@~O\~!>
lnJ OCT 2 3 /997
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The following proposed ordinance which is published by captio only w~ 18 e
City Commission meeting of the City Commission of the City of B NI ,D ~._.
on the 21st day of October, 1997. This ordinance shall be presented for proposed
enactment by the City Commission, at the Regular City Commission meeting at City
Hall, in the Commission Chambers, 100 East Boynton Beach Blvd., Boynton Beach,
Florida, on Tuesday, November 4, 1997 at 7:00 P.M.
ORDINANCE #097-50
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AMENDING THE
CONDITIONS OF APPROVAL OF THE ORIGINAL
REZONING CONTAINED IN ORDINANCE NO. 87-41 TO
MODIFY THE CONDITIONS OF APPROVAL CONTAINED
THEREIN; PROVIDING FOR CONFLICTS, SEVERABILITY
AND AN EFFECTIVE DATE,
Interested parties may appear at said meeting and be heard with respect to this
proposed ordinance. Subject ordinance may be inspected by the public at the Office of
the City Clerk at said City Hall. Pursuant to F.S. 286.0105, please be advised that if a
person decides to appeal any decision made by the City Commission with respect to
any matter considered at this meeting, he will need a record of this proceeding, and for
such purpose, he may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to
be based.
CITY OF BOYNTON BEACH
SUZANNE M, KRUSE, CMC/AAE
CITY CLERK
PUBLISH; PALM BEACH POST
OCTOBER 24, 1997
S\CC\WORD\generaI\ORD AD 1
c: City Manager. City Attorney. Planning. Central Files
113/13/1997 17:137 56137561354
CITY ATTORNEY
PAGE 131
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7871
.NCE NO. 097
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!! WHEREAS, the City Commission of the City of Boynton Beach, Florida
:! previously rezoned a certain parcel of land known as the Woolbright Professional
;1 Center by Ordinance No, 87-41, dated November 17,1987; and
il
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""'I'" Vf'UIl..f'\I....'"'~ \J~ I ME CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
THE CONDITIONS OF APPROVAL OF THE ORIGINAL
REZONING CONTAINED IN ORDINANCE NO. 87-41
TO MODIFY THE CONDITIONS OF APPROVAL
CONTAINED THEREIN; PROVIDING FOR CONFLICTS,
SEVERABIL TV AND AN EFFECTIVE DATE.
!!
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,I WHEREAS, said Ordinance imposed certain oonditions of approval upon said
, parcel concurrent with the rezoning; and
WHI:REAS, the applicant has requested that one of the conditions be
modified from the original condition established in Ordinance No. 87-41; and
oil WHEREA~UbIiC hearin~ have been held with regard to said modifications.
I
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I i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
: THE CITY OF BOYNTON BEACH, FLORIDA. THAT:
II
.1 Section.1.;, That the conditions of approval of the rezoning of Woolbright
'. Professional Center contained in Ordinance No. 87-41 which rezoned said parcel
:: from R-1AA to C..1 Office/Professional are hereby amended. Said new conditions of
:, approval are hereby attached and incorporated by reference as Exhibit "A" to this
:: Ordinance which include staff comments dated September 26, 1997.
:1
, Section 2' All Ordinances or parts of Ordinances in conflict herewith are
:! hereby repealed.
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, Section 3: Should any section or provision of this ordinance or any portion
:~ thereof be declared by a court of competent jurisdiction to be invalid, such decision
II shall not affect the remainder of this ordinance.
I
I! Section 4: This ordinance shall become effective upon adoption.
FIRST READING this _ day of October, 1997.
10/13/1997 17:07
5613756054
CITY A HORNEY
PAGE 02
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SECOND. FINAL READING AND PASSAGE this _ day of November, 1997.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
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Commissioner
Commissioner
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I ATTEST:
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! City Clerk
Commissioner
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DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-490
TO:
FROM:
Jim Cherof
City Attorney
Tambri J. Heyden, AICP 'lj-H
Planning and Zoning Director
DATE:
September 29, 1997
~UBJECT: Woolbright Medical Offices Rezoning - Height Condition (REZN 97-002)
Attached, please find the legal notice and backup documents for your use to generate an
ordinance for the above-referenced petition. For your information, the public hearing before
the City Commission is scheduled for October 7, 1997, and first and second readings of the
ordinance will be scheduled for meetings to be held on October 21 st and November 4th,
respectively. Please contact Michael Rumpf at this office if you need additional information.
T JH:mr
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Woolbright Medical Office\Rezoning (ht. condition)\Cherof- ordinances.doc
NOTICE OF PUBLIC HEARING
NOTICE OF REZONING
NOTICE IS HERESY GIVEN that the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, October 7, 1997 at
7:00 p.m., to consider the request below submitted by Basehart Consulting, Inc.,
agent, for Joseph R. Jingoli, property owner, regarding. a 2.70-acre parcel located at
the southwest corner of Woolbright Road and Lake Worth Drainage District (LWDD)
E-4 Canal.
NATURE OF REQUEST:
To amend a previous rezoning condition on which the property described herein
was rezoned on November 17, 1987, which limits building height to one story or 15
feet. Removing this condition will allow the height of development on this site to be
up to the maximum allowed within the C-1, Office and Professional Commercial
zoning district, which is 25 feet or 2 stories.
LEGAL DESCRIPTION:
A parcel of land in Section 32, Township 45, Range 43, City of Boynton Beach, Palm
Beach County, Florida, being more particularly described as follows;
Parcel "0" within the Plat of Tenth Section of Palm Beach Leisureville, according to
the plat thereof as recorded in plat book 30, pages 129-141 of the Public Records of
Palm Beach County, Florida.
All interested parties are notified to appear at said hearing in person or by attorney
and be heard. Any person who decides to appeal any decision of the Board of
Adjustment with respect to any matter considered at this meeting will need a record
of the proceedings and for such purpose may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
(561) 375-6260
\\CH\MAIN\SHRDATAIPlannlngISHAREDIWPIPROJECTSIWoolbrlght Medical OfflceIRezonlng Condition Amendment-Ad.docs
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetin!! Dates in to City Manaeer's Office Meetine Dates in to City Manll2er's Office
0 August 19, 1997 August 8, 1997 (noon) 0 October 21, 1997 October 10, 1997 (noon)
0 September 2, 1997 August 22, 1997 (noon) 0 November 4,1997 October 24, 1997 (noon)
0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon)
[gJ October 7,1997 September 26, 1997 (noon) 0 December 2, 1997 November 21,1997 (noon)
RECOMMENDATION: Please place the request described below on the October 7,1997 City Commission meeting
agenda under public hearing. This project was not forwarded through the Planning & Development Board pusuant to the
recommendation of the City Attorney. This request for rezoning was submitted by Robert Basehart of Basehart Consulting,
Inc. in connection with his application for site plan approval for a medical office building on the south side of Woolbright
Road, immediately west of the L WDD E-4 Canal. This rezoning process has been requested to eliminate a condition of the
previous rezoning which limits building height on this site to one story or 15 feet (the code allows a maximum height of two
stories or 25 feet within the C-l zoning district). Elimination of the height condition would allow the site to be developed in
accordance with the established development standards for the C-l zoning district, which includes a maximum height
standard of two stories or 25 feet. Staff has based a recommendation of approval of this request upon the appropriateness of
the C-l zoning district at this location, and upon the current support by the adjacent property owners of the proposed project
and specifically, its two-story design. It should be noted that when the property was rezoned to C-l in 1987, the owners of
adjacent properties within the Leisureville neighborhood were opposed to a two story project and therefore supported the
condition on building height. For further information on this request and analysis, please see the accompanying staff report
(Planning and Zoning Memorandum #97-485).
EXPLANA nON:
PROJECT: Woolbright Medical Office Rezoning (height condition)
AGENT: Robert Basehart/Basehart Consulting, Inc.
OWNER: Joseph R. Jingoli
LOCA TION: Southwest corner of Woolbright Road and the L WDD E-4 Canal
DESCRIPTION: Request to eliminate the one story height (15 feet) condition placed on the rezoning of the property to C-I
Office/Professional when rezoned in 1987.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Department Head's Signature
City Manager's Signature
Development Services
Department Name
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Planning :md Zoning Director
\CII\MA[N\SHRDAL\\Planning\SIIARED\WP\PROJECTS\\Voolbright Medic~l Ofticc\Agend~ Item Request Form.doc
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-485
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TO:
Kerry Willis
City Manager
FROM:
-/1
Tambri J. Heyden, AICP !1-0.4,1-
Planning and Zoning Director
DA TE:
September 26, 1997
SUBJECT: Woolbright Medical Offices Rezoning (REZN 97-002)
Removal of Height Condition Placed on Property at Previous Rezoning
INTRODUCTION
Bob Basehart of Sasehart Consulting, Inc., agent for Joseph Jingoli, property owner, is
requesting elimination of the height condition placed on the property described below when it
was rezoned from R-1AA (Single Family Residential) to C-1 (Office/Professional) on
November 17, 1987. This request has been made in conjunction with a request for site plan
approval to construct a two-story medical office building on this property which is located on
the south side of Woolbright Road, approximately 350 feet east of S.W. 18th Street and
immediately west of the LWDD E-4 Canal (see Exhibit "A"- Location Map). The City Attorney
has advised that the previous height condition must only be reviewed for modification through
a public hearing before the City Commission. This previous condition restricts development on
this property to a maximum height of one story or 15 feet. Review of the site plan was
postponed at the August 19th meeting until the process for changing the 1987 rezoning
condition could catch up with the site plan request.
ANALYSIS
In reviewing this request, staff has focused its brief analysis on the rationale on which this
condition was established, current zoning regulations for the C-1 (Office/Professional) zoning
district, and on current conditions and development impacts.
Staff analysis of the previous rezoning indicated that, in general, the 1987 rezoning of this
property for office use was compatible with the residential properties that abut the subject site
to the south and east. These residential properties consist of single family homes within the
Boynton Beach leisureville neighborhood. It was also concluded by staff that the rezoning
was a logical extension of commercial zoning districts along Woolbright Road, and that the
rezoning and land use amendment were consistent with Comprehensive Plan policies
regarding proximity to an arterial roadway, and the generation of minimal impacts on
residential land uses. However, to ensure that impacts on residential uses were further
minimized, the applicant agreed, in writing, to the adjacent homeowners, the following
restrictions, which staff forwarded to the Commission and were made conditions to the
rezoning:
age 2
'lanning and Zoning Division Memorandum No. 97-485
Noolbright Medical Offices Rezoning (Height Condition)
REZN 97-002
1) Distances between commercial buildings and the adjacent homes would be
maximized;
2) Construction of the required (by code) six foot high concrete block wall along the
southern and western boundaries;
3) Parking lot lighting be directed away from adjacent residences; and
4) Building height be limited to one story or 15 feet (the development regulations
allow a maximum of two stories or 25 feet within the C-1 zoning district).
With respect to current or changing conditions, which may relate to the original conditions, in
general, the currently proposed medical office building is similar to that which was proposed
when the property was rezoned in 1987. At the time however, the building construction was
speculative, as no specific tenants had been identified. At this point in time, the property
owner does have tenants lined up, providing greater comfort and less uncertainty with respect
to the impacts, or lack of impact on the adjacent residences. Therefore, the adjacent property
owners are no longer opposed to the construction of a two story building on this site, and have
written a letter indicating this opinion. (see Exhibit "B" - Letter Supporting Proposed Project).
CONCLUSIONS/RECOMMENA TIONS
Based, in part, on the previous staff findings and conclusions which supported the original
rezoning to C-1 (Office/Professional), and on the current support of the proposed two story
office project by the adjacent property owners, staff recommends that this request to omit the
previous condition of rezoning limiting the site to one story or 15 feet, be approved. This
recommendation is also based on the continued application of the remaining three (3)
conditions of original rezoning, which have also been documented with Exhibit "C"-
Conditions of Approval.
xc: Central File
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LOCATION MAP
WOOLBRIGHT MEDICAL OFFICES
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NOTICE OF PUBLIC HEARING
NOTICE OF AMENDING CONDITION OF REZONING
NOTICE IS HEREBY GIVEN that the City Commission of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION
CHAMBERS, 100 East Boynton Beach Boulevard, on Tuesday, October 7,1997 at
7:00 p.m., to consider the request below submitted by Basehart Consulting, Inc.,
agent, for Joseph R. Jingoli, property owner, regarding a 2.70-acre parcel located at
the southwest corner of Woolbright Road and Lake Worth Drainage District (LWDD)
E-4 Canal.
NATURE OF REQUEST:
To amend a previous rezoning condition on which the property described herein
was rezoned on November 17,1987, which limits building height to one story or 15
feet. Removing this condition will allow the height of development on this site to be
up to the maximum allowed within the C-1, Office and Professional Commercial
zoning district, which is 25 feet or 2 stories.
LEGAL DESCRIPTION:
A parcel of land in Section 32, Township 45, Range 43, City of Boynton Beach, Palm
Beach County, Florida, being more particularly described as follows;
Parcel "0" within the Plat of Tenth Section of Palm Beach Leisureville, according to
the plat thereof as recorded in plat book 30, pages 129-141 of the Public Records of
Palm Beach County, Florida.
All interested parties are notified to appear at said hearing in person or by attorney
and be heard. Any person who decides to appeal any decision of the City
Commission with respect to any matter considered at this meeting will need a
record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
(561) 375-6260
\\CHIMAIN\SHRDA T AIPlanning\SHAREDlWPIPROJECTSIWoolbrlght Medical OfficelRezonlng Condition Amendment-Ad.docs
RL~UEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a
Legal Notice or Legal Advertisement published and must be submitted to the
Office of the City Attorney two working days prior to the newspaper's ad
submittal deadline.
ORIGINATOR: PlanninQ and Zoning
PREPARED BY: Michael Rumpf
DATE PREPARED: Sept. 3, 1997
BRIEF DESCRIPTION OF NOTICE OR AD: To amend a previous rezonina
condition on which the "Woolbriaht Medical Offices" site was rezoned on
November 17. 1987. which limits buildinQ heiaht to one stOry or 15 feet.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size,
Section Placement, Black Border, etc.) Standard Legal Ad for City Commission
meetina scheduled for October 7. 1997 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper and PlanninQ and ZoninQ Director.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: September 28. 1997
LAST DATE TO FAX TO NEWSPAPER: Thursdav, Sept. 25. 1997 @ 3:00 p.m.
APPROVED BY:
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(1) dctnd0t Q, p~'
(Originator) :/
(Date)
9/r191
(2) ?f?J~ IltA
(City Attorney)
(Date)
7' Id ) /r-;
RECEIVED BY CITY CLERK:
COMPLETED:
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MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 26, 1997
· The Boynton Beach Mobil Village Community Design Plan Appeal for the dumpster
enclosure was denied.
· The ARC of Boynton Beach Site Plan (ACLF) was approved subject to staff
comments and the Planning and Development Board conditions.
~
The Woolbright Medical Office Site Plan was postponed until the October Tr' City
Commission meeting.
· The Boynton Beach Mall, Department Store IF'. Site Plan Time Extension was
approved.
· The Palm Walk Adult Congregate Living Facility concurrency and conditional use
time extension was approved subject to staff comments.
Mr. Dube asked if a liquor store is allowed in C-2. Attorney Pawelczyk advised that the
sale of beer and wine is permitted in a C-2 district; however, the sale of alcoholic
beverages is prohibited.
7. OLD BUSINESS
None.
8. NEW BUSINESS
A. Public Hearings
Zoning Code Variance
1.
Project:
Agent:
Owner:
Location:
Description:
Mobil Gas Station and Convenience Store
Anna Cottrell
Mobil Oil Corporation
2605 S.W. 15th Avenue (northwest corner of
Woolbright Road and Congress Avenue)
Request for a variance to Chapter 2 - Zoning,
Section 11.L.3.d(1) of the Boynton Beach Land
Development Regulations to allow an access
driveway located 65 feet. rather than the
required 110 feet. from the intersecting right-of-
way lines of Woolbright Road and Congress
Avenue.
3
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
AUGUST 19, 1997
Vice Mayor Titcomb also attended the Planning & Development Board meeting. He explained that De/ray
Beach IS currently going through a debate about "mansionization". This is an issue the City of Boynton
Beach will be dealing with soon. In addition, during the Visions process, there was discussion about the
need for higher end housing in the City. Therefore. he feels further discussion is warranted either through a
workshop or Commission discussion about this type of application. Also, there was discussion during the
Planning & Development Board meeting about the fact that this particular request was not a hardship case
and did not necessarily fall under a variance area. Vice Mayor Titcomb is hopeful that a discussion will help
in finding a mechanism for assisting people who wish to move into the older coastal neighborhoods and
"spruce' them up.
Mayor Taylor also attended the Planning & Development Board meeting. He realizes this is an odd-shaped
lot on Intracoastal property in an area where we are trying to develop some upscale housing. The applicant
is trying to conform with the setbacks. Mayor Taylor does not have a problem with the applicant's request
and is happy the applicant asked for a postponement to try to work out this situation.
Motion
Vice Mayor Titcomb moved to postpone this item. Commissioner Jaskiewicz seconded the motion which
carried 4-0.
K. Approve request for master plan modification for the Shoppes of Woolbright pee
Mayor Taylor reported that a request from the applicant was included in the back-up to postpone this item
until September 2. 1997.
Motion
Vice Mayor Titcomb moved to postpone this item until the September 2nd meeting. Commissioner Tillman
seconded the motion which carried 4-0.
N. Approve request for new site plan for Woolbright Medical Office
Attorney Cherof advised that there is a provision of the conditions that makes reference to a 1987 stipulation
that resulted in a condition regarding height associated with the rezoning of this property. Because it was
incorporated as a rezoning, this matter should be considered as a public hearing with appropriate notice to
adjacent property owners. He requested that this matter be deferred until the first meeting in October
(October 7In).
Motion
Commissioner Tillman moved to postpone this item until the first meeting in October. Vice Mayor Titcomb
seconded the motion which carried 4-0.
Mayor Taylor referred to back-up information which contained a cover sheet advising that the item (a
Proposed Resolution for a contract between the City of Boynton Beach and Dr. Weiner) would be added to
the agenda. He noted that no one added the item to this evening's agenda. He questioned whether City
Manager Willis wished to add the item.
City Manager Willis offered to include this item on the September 2nd agenda. However, Wilfred Hawkins.
Assistant to the City Manager. advised that this item is time sensitive from the standpoint that work in the
building is almost complete and we need to move into the medical end. Mr. Hawkins explained that the issue
can be delayed until the September 2nd meeting, but if. it is approved tonight. Dr. Weiner can begin his work.
City Manager Willis requested that this item be added as Item V.5-City Manager's Report.
6