AGENDA DOCUMENTS
AGENDA DOCUMENTS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Development Board and City Commission
of the CITY OF BOYNTON BEACH, FLORIDA, will conduct PUBLIC HEARINGS at CITY
HALL COMMISSION CHAMBERS. 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, December 22, 1997 and on Tuesday, January 20, 1998, respectively, at 7:00 p.m.
to consider a utility easement abandonment application submitted by David Remland, agent for
Fedric Newman, property owner of a 2.7 acre parcel located at the southwest corner of
Woolbright Road and the E-4 Canal. The utility easement is proposed to be abandoned in
connection with development of the parcel as the Woolbright Twin Medical Plaza, former
referred to as Woolbright Medical Offices. Said easement is more particularly described as
follows:
A PORTION OF PARCEL "0" OF THE PLAT OF PALM BEACH LEISUREVILLE
10TH SECTION AS RECORDED IN PLAT BOOK 30, PAGES 129 THROUGH
141, PALM BEACH COUNTY PUBLIC RECORDS.
SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID PARCEL "0" RUN N69011'14"E
ALONG THE NORTH LINE OF SAID PARCEL "0" A DISTANCE OF 204.23
FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 849.46 FEET, THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 04007'13" A DISTANCE OF 133.00 FEET TO THE
POINT OF BEGINNING.
CONTINUE THENCE ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 00022'18" A DISTANCE OF 12.00 FEET; THENCE
S16030'24"E A DISTANCE OF 23.88 FEET; THENCE S00022'42"W A
DISTANCE OF 149.89 FEET; THENCE N89037'18"W A DISTANCE OF 12.00
FEET; THENCE NOoo22'42"E A DISTANCE OF 148.11 FEET; THENCE
N16030'24"W A DISTANCE OF 22.10 FEET TO THE POINT OF BEGINNING.
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 Planning and Development
Board with respect to any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: The Post
December 5, 1997
S:\SHARE\PROJECTS\woolbright twin medical\aban\LEGALNOT
NOTICE OF PUBUC HEARINGj~~l:::.~ !J : ~ , W'
,
NOTICE IS HEREBY GIVEN that the following application has been made to thePz~~~A~G AND I
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a heanng as Indicated, under
and pursuant to the provisions of the Land Development Regulations of said City:
Case NO.244
Owner: Michael C. Desimone and Paul D. DeGrugillier
Requested
Variance: Request for a variance from the City of Boynton Beach Land Development Regulation$,
Chapter 10, Section 3(c).2, to allow reduction of setbacks as follows:
. Rear yard setback from the required 10 feet to 6 inches.
. Side yard setback from the required 15 feet to 6 inches.
Location: Approximately 154 fee.t south of the southwest comer of Ocean Avenue and the 1-95 right-of-
way
Legal
Description: PARENT TRACT:
A PARCEL OF LAND IN THE NORTHWEST % OF SECTION 28, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF
OCEAN AVENUE AS SHOWN ON PLAT OF BEVERLY HILLS ADDITION NO.2,
RECORDED IN PLAT BOOK 13, PAGE 58, PALM BEACH COUNTY PUBLIC RECORDS,
AND THE WESTERLY LINE OF THE PROPOSED LIMITED ACCESS RIGHT-OF-WAY OF
STATE ROAD NO.9 (1-95) AS SHOWN ON RIGHT-OF-WAY MAP OF STATE ROAD NO.9,
SECTION 93220-2412, SHEET NO.3; RUN THENCE SOUTH 14 DEGREES 01 MINUTES
43 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE REFERRED TO THOSE
SHOWN ON SAID RIGHT-OF-WAY MAP OF STATE ROAD NO.9) ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 133.69 FEET; THENCE SOUTH 06
DEGREES 49 MINUTES 52 SECONDS EAST A DISTANCE OF 19.97 FEET TO THE
POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED
PARCEL OF LAND; THENCE CONTINUING ON THE SAME COURSE ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 125.71 FEET; THENCE NORTH 89
DEGREES 47 MINUTES 31 SECONDS WEST ALONG A LINE LYING 274.17 FEET
SOUTH OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF AFORESAID OCEAN AVENUE, A DISTANCE OF 71.29 FEET
TO A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 595.87
FEET, SAID CURVE BEING 8.00 FEET EASTERLY OF THE CENTER LINE OF SPUR
TRACK SV NO.4 AS SHOWN ON GRANTOR'S DRAWING NO. M-1172; THENCE
NORTHERLY ALONG THE ARC OF SAID 595.87 FOOT RADIUS CURVE, HAVING AN
INITIAL TANGENT BEARING OF NORTH 05 DEGREES 44 MINUTES 52 SECONDS WEST
SUBTENDING AN ANGLE OF 12 DEGREES 17 MINUTES 24 SECONDS, AN ARC
DISTANCE OF 127.81 FEET TO A POINT ON A LINE LYING 149.40 FEET SOUTH OF
(MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF AFORESAID OCEAN AVENUE; THENCE SOUTH 89 DEGREES 47
MINUTES 31 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 82.64
FEET (82.28 FEET PER DEED), MORE OR LESS, TO THE POINT OF BEGINNING;
CONTAINING 0.213 OF AN ACRE, MORE OR LESS.
Page 2.
Four Steel Telecommunication Tower
File No. ZNCV 97-010
Case No. 244
LEASE PARCEL:
A PARCEL OF LAND IN THE NORTHWEST % OF SECTION 28, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF
OCEAN AVENUE AS SHOWN ON PLAT OF BEVERLY HILLS ADDITION NO.2,
RECORDED IN PLAT BOOK 13, PAGE 58, PALM BEACH COUNTY PUBLIC RECORDS,
AND THE WESTERLY LINE OF PROPOSED LIMITED ACCESS RIGHT-OF-WAY OF
STATE ROAD NO.9 (1-95) AS SHOWN ON RIGHT-OF-WAY MAP OF STATE ROAD NO.9,
SECTION 93220-2412, SHEET NO.3; RUN THENCE SOUTH 14 DEGREES 01 MINUTES
43 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE REFERRED TO THOSE
SHOWN ON SAID RIGHT-OF-WAY MAP OF STATE ROAD NO.9) ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 133.69 FEET; THENCE SOUTH 06
DEGREES 49 MINUTES 52 SECONDS EAST A DISTANCE OF 105.38 FEET TO THE
POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED
PARCEL OF LAND; THENCE CONTINUING ON THE SAME COURSE ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 40.30 FEET; THENCE NORTH 89
DEGREES 47 MINUTES 31 SECONDS WEST ALONG A LINE LYING 274.17 FEET
SOUTH OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF AFORESAID OCEAN AVENUE, A DISTANCE OF 71.29 FEET
TO A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 595.87
FEET, SAID CURVE BEING 8.00 FEET EASTERLY OF THE CENTER LINE OF SPUR
TRACK SV NO.4 AS SHOWN ON GRANTOR'S DRAWING NO. M-1172; THENCE
NORTHERLY ALONG THE ARC OF SAID 595.87 FOOT RADIUS CURVE, HAVING AN
INITIAL TANGENT BEARING OF NORTH 05 DEGREES 44 MINUTES 52 SECONDS WEST
SUBTENDING AN ANGLE OF 03 DEGREES 05 MINUTES 47 SECONDS, AN ARC
DISTANCE OF 40.35 FEET TO A POINT ON A LINE LYING 234.17 FEET SOUTH OF
(MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF AFORESAID OCEAN AVENUE; THENCE SOUTH 89 DEGREES 47
MINUTES 31 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 71.90
FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING 2855 SQUARE
FEET, MORE OR LESS.
Use: telecommunication tower
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, December 22, 1997 at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any
written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning
and Development Board with respect to any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: December 5, 1997
PALM BEACH POST
S:\projects\Four SteeI\ZNCV\LGL-CASE244
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under
and pursuant to the provisions of the Land Development Regulations of said City:
Case No.247
Owner: Michael C. Desimone and Paul D. DeGrugillier
Requested
Variance: Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 10, Section 3.3(g) to allow elimination of the required two and one-half feet wide
landscape buffer with hedge row along the southern and eastern property lines.
Location: West of Interstate 95 and approximately 150 feet south of Ocean Avenue.
Legal
Description: PARENT TRACT:
A PARCEL OF LAND IN THE NORTHWEST % OF SECTION 28, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF
OCEAN AVENUE AS SHOWN ON PLAT OF BEVERLY HILLS ADDITION NO.2,
RECORDED IN PLAT BOOK 13, PAGE 58, PALM BEACH COUNTY PUBLIC RECORDS,
AND THE WESTERLY LINE OF THE PROPOSED LIMITED ACCESS RIGHT-OF-WAY OF
STATE ROAD NO.9 (1-95) AS SHOWN ON RIGHT-OF-WAY MAP OF STATE ROAD NO.9,
SECTION 93220-2412, SHEET NO.3; RUN THENCE SOUTH 14 DEGREES 01 MINUTES
43 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE REFERRED TO THOSE
SHOWN ON SAID RIGHT-OF-WAY MAP OF STATE ROAD NO.9) ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 133.69 FEET; THENCE SOUTH 06
DEGREES 49 MINUTES 52 SECONDS EAST A DISTANCE OF 19.97 FEET TO THE
POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED
PARCEL OF LAND; THENCE CONTINUING ON THE SAME COURSE ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 125.71 FEET; THENCE NORTH 89
DEGREES 47 MINUTES 31 SECONDS WEST ALONG A LINE LYING 274.17 FEET
SOUTH OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF AFORESAID OCEAN AVENUE, A DISTANCE OF 71.29 FEET
TO A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 595.87
FEET, SAID CURVE BEING 8.00 FEET EASTERLY OF THE CENTER LINE OF SPUR
TRACK SV NO. 4 AS SHOWN ON GRANTOR'S DRAWING NO. M-1172; THENCE
NORTHERLY ALONG THE ARC OF SAID 595.87 FOOT RADIUS CURVE, HAVING AN
INITIAL TANGENT BEARING OF NORTH 05 DEGREES 44 MINUTES 52 SECONDS WEST
SUBTENDING AN ANGLE OF 12 DEGREES 17 MINUTES 24 SECONDS, AN ARC
DISTANCE OF 127.81 FEET TO A POINT ON A LINE LYING 149.40 FEET SOUTH OF
(MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF AFORESAID OCEAN AVENUE; THENCE SOUTH 89 DEGREES 47
MINUTES 31 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 82.64
FEET (82.28 FEET PER DEED), MORE OR LESS, TO THE POINT OF BEGINNING;
CONTAINING 0.213 OF AN ACRE, MORE OR LESS.
Page 2
Four Steel Telecommunication Tower
File No. ZNCV 97-013
Case No. 247
LEASE PARCEL:
A PARCEL OF LAND IN THE NORTHWEST % OF SECTION 28, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF
OCEAN AVENUE AS SHOWN ON PLAT OF BEVERLY HILLS ADDITION NO.2,
RECORDED IN PLAT BOOK 13, PAGE 58, PALM BEACH COUNTY PUBLIC RECORDS,
AND THE WESTERLY LINE OF PROPOSED LIMITED ACCESS RIGHT-OF-WAY OF
STATE ROAD NO.9 (1-95) AS SHOWN ON RIGHT-OF-WAY MAP OF STATE ROAD NO.9,
SECTION 93220-2412, SHEET NO.3; RUN THENCE SOUTH 14 DEGREES 01 MINUTES
43 SECONDS EAST (BEARINGS MENTIONED HEREIN ARE REFERRED TO THOSE
SHOWN ON SAID RIGHT-OF-WAY MAP OF STATE ROAD NO.9) ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 133.69 FEET; THENCE SOUTH 06
DEGREES 49 MINUTES 52 SECONDS EAST A DISTANCE OF 105.38 FEET TO THE
POINT OF BEGINNING AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED
PARCEL OF LAND; THENCE CONTINUING ON THE SAME COURSE ALONG SAID
WESTERLY LIMITED ACCESS RIGHT-OF-WAY LINE 40.30 FEET; THENCE NORTH 89
DEGREES 47 MINUTES 31 SECONDS WEST ALONG A LINE LYING 274.17 FEET
SOUTH OF (MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF AFORESAID OCEAN AVENUE, A DISTANCE OF 71.29 FEET
TO A POINT ON A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 595.87
FEET, SAID CURVE BEING 8.00 FEET EASTERLY OF THE CENTER LINE OF SPUR
TRACK SV NO. 4 AS SHOWN ON GRANTOR'S DRAWING NO. M-1172; THENCE
NORTHERLY ALONG THE ARC OF SAID 595.87 FOOT RADIUS CURVE, HAVING AN
INITIAL TANGENT BEARING OF NORTH 05 DEGREES 44 MINUTES 52 SECONDS WEST
SUBTENDING AN ANGLE OF 03 DEGREES 05 MINUTES 47 SECONDS, AN ARC
DISTANCE OF 40.35 FEET TO A POINT ON A LINE LYING 234.17 FEET SOUTH OF
(MEASURED AT RIGHT ANGLES) AND PARALLEL TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF AFORESAID OCEAN AVENUE; THENCE SOUTH 89 DEGREES 47
MINUTES 31 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF 71.90
FEET, MORE OR LESS, TO THE POINT OF BEGINNING; CONTAINING 2855 SQUARE
FEET, MORE OR LESS.
Use: telecommunication tower
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Tuesday, December 22,1997 at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any
written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning
and Development Board with respect to any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH: December 5,1997
PALM BEACH POST
S:\projects\Four Steel\ZNCV-2\LGL-CASE247
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 7, 1997
7. Proposed Resolution No. R97 -170 Re: Approving renewal
of contract with Child Care Resource and Referral, Inc., for
substitute teachers in the Latchkey Afterschool Program for the
1997 -98 fiscal year
8. Proposed Resolution No. R97-171 Re: Ratifying the
appointment of Vance & Doney, PA to provide legal services
related to the development of the Downtown Stormwater
Improvements Project
Commissioner Bradley pulled this item from the Consent Agenda for discussion.
D. Ratification of Planning & Development Board Action
1. Major Site Plan Modification for Clear Copy
2. New Site Plan for Woolbright Medical
Office............POSTPONED FROM AUGUST 19, 1997 CITY
COMMISSION MEETING
E. . Approval of Bills
A list of these bills is attached to the original minutes of this meeting on file in the City
Clerk's Office.
F. Approve draft language in Request for Proposal for a Classification
and Compensation Study and authorization to solicit proposals from
qualified firms to complete this work
Commissioner Jaskiewicz pulled this item from the Consent Agenda for discussion.
G. Approve disinterment of cremains from Sunrise Building, Section G.
Niche F-3 requested by Lori Ann Holman Faroni
The cremains are being removed for the purpose of burial in another state.
H. Approve request by Edward & Jois Wallschlag to transfer Cemetery
Lots 109 and 110 to Seth Chase, 1009 SW 3rd Way, Boynton Beach,
Florida 33426
These lots are in Block B of Boynton Beach Memorial Park.
I. Approve Records Disposition Request #10 submitted by Code
Compliance and approved by the State
17
MINUTES
CITY COMMISSION WORKSHOP MEETING
BOYNTON BEACH, FLORIDA
OCTOBER 7, 1997
This Records Disposition Request was authorized by the State.
Motion
Commissioner Jaskiewicz moved to approve the Consent Agenda with the exception of
the minutes, which were approved separately, and Items C.1, C.8, and F. Vice Mayor
Titcomb seconded the motion, which carried unanimously.
Motion
Vice Mayor Titcomb moved to approve the minutes as amended. Commissioner
Bradley seconded the motion, which carried unanimously.
II. ADMINISTRATIVE
A. Accept resignation from Eleanor Krusell, Regular Member, Advisory
Board on Children & Youth
Motion
Commissioner Jaskiewicz moved to accept Ms. Krusell's resignation from the Advisory
Board on Children and Youth. Commissioner Bradley seconded the motion, which
carried unanimously.
B. Appointments to be made
Appointment
To Be Made
II Bradley
MayorTaylor
II Bradley
II Bradley
MayorTaylor
II Bradley
I Bradley
MayorTaylor
III Jaskiewicz
I Titcomb
I Titcomb*
II Bradley
III Jaskiewicz
II Bradley
MayorTaylor*
I Titcomb*
Board
Adv. Bd. on Children & Youth
Adv. Bd. on Children & Youth
Adv. Bd. On Children & Youth
Civil Service Board
Cemetery Board
Cemetery Board
Code Enforcement Board
Community Relations Board
Community Relations Board
Community Relations Board
Community Relations Board
Library Board
Senior Advisory Board
Recreation & Parks Board
S.H.I.P. Affordable Housing
S.H.I.P. Affordable Housing
18
Alt
Stu/Reg
Reg
Alt
Reg
Alt
Alt
Alt
Alt
Reg
Reg
Alt
Alt
Alt
Reg
Alt
Length of Term
Exoiration Date
1 yr term to 4/98 TABLED-1
1 yr term to 4/98 T ABLED-1
2 yr term to 4/99-1
2 yr term to 4/99 TABLED-1
3 yr term to 4/00 TABLED-1
1 yr term to 4/98 TABLED-1
1 yr term to 9/98 T ABLED-1
1 yr term to 4/98 T ABLED-1
1 yr term to 4/98 TABLED-1
3 yr term to 4/00 T ABLED-1
3 yr term to 4/00 T ABLED-3
1 yr term to 4/98 T ABLED-1
1 yr term to 4/98 T ABLED-1
1 yr term to 4/98 T ABLED-1
1 yr term to 6/98 TABLED(3)
1 yr term to 6/98 TABLED(3)
NOTICE OF PUBLIC HEARING
NOTICE OF AMENDING CONDITION OF RE 0
m m il W m ,fn)
IN! 2 3" ~I
ANN/Ne ANO
NING EPT
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
IICHIMAIN\SHRDA T A\PlannlngISHARED\WP\PROJECTS\Woolbrlght Medical Offlce\Rezonlng Condition Amendment-Ad.docs
c: City Manager, City Commission, City Attorney, Planning, Files
Publish: POST
9/25/97
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 12, 1997
assisted living unit facility (containing 93 beds
and 91 units) on 4.622 acres.
Mr. Miller represented Strategic Investments who is proposing this assisted living
project. The only condition he had a concern with is condition 27. He advised that a
stipulation agreement was executed several years ago. It covered not only this site, but
the parcel on the north side of Golf Road. Condition 27 pertains to the parcel on the
north side, not the parcel in question.
Mr. Aguila suggested raising the bottom of the signs since they are only 1'3" above
grade and will be covered by foundation plantings.
Peter Ryland, 1311 S.W. 25th Avenue, was concerned about complying with the legal
agreement and what is going to happen to the 4.5 acres directly opposite his house.
An ACLF was allowed on this property. He did not know the difference between an
ACLF and an assisted living facility.
Vice Chairman Golden asked if the applicant is going to provide a liDo Not Enter" sign
at the one-way egress onto Golf Road. Mr. Miller advised that the applicant could
provide that.
Mr. Dube understands why there is no lighting in the parking lot after 11 :00 p.m.
However, he pointed out that the vehicles are going to be subject to theft. Mr. Miller
advised that there would be security lighting around the project for safety purposes.
Motion
Vice Chairman Golden moved to approve the request for site plan approval to construct
an assisted living unit facility (containing 93 beds and 91 units) on 4.622 acres, subject
to staff comments including the applicant providing a liDo Not Enter" sign at the one-
way egress onto Golf Road. Mr. Reed seconded the motion, which carried
unanimously.
Description:
Woolbright Medical Office
Robert Basehart, AICP
Joseph R. Jingoli
Southwest corner of Woolbright Road and the
LWDD E-4 Canal
Request to construct a 36,000 square foot
medical office building on 2.70 acres.
2.
Project:
Agent:
Owner:
Location:
13
MINUTES
PLANNING AND DEVELOr-I~ENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 12, 1997
Chairman Wische read a letter from the Boynton Leisureville Homeowners Association
in favor of this two-story medical facility. (This letter is attached to the original minutes
of this meeting.)
It seemed to Mr. Aguila that comment 8 ends in mid sentence.
At this time, Mr. Dube left the Chambers.
Mr. Basehart agreed with all the comments and recommendations of staff. However,
he referred to comment 33 and stated that in 1987, when the property was originally
rezoned commercial, a site plan for a one-story building was proposed. Apparently
there was a condition attached to the rezoning, limiting the height to one story.
Comment 33 indicates that prior to the issuance of a Building Permit, we will have to file
an application to modify the original conditions of approval. His understanding was that
. they were voluntary conditions. Given the fact that the application was a straight
rezoning and not a conditional use, it may not have been appropriate to put conditions
of approval on the zoning. He would like to avoid having to file an application to modify
the original conditions of approval before being issued a Building Permit.
Mr. Rumpf believes this condition is set forth in an ordinance. Mr. Basehart advised
that this comment is not in the ordinance. The Planning and Zoning Division staff report
suggested that there be a limitation of one story. Therefore. it is not clear whether it is
a condition of approval. It would involve time, money, and delay the project to have to
go forward with a formal application to modify this condition.
Chairman Wische suggested letting the attorneys work this issue out. Mr. Basehart
was agreeable to this. He also agreed to adhere to this comment if he has to.
Mr. Aguila asked what the building is made of. Mr. Basehart stated that it would be a
concrete and stucco building with some arch work and tile work along the bottom. It will
be white and earth tones.
Mr. Aguila inquired about the site line. Mr. Basehart confirmed that the parapet is going
to be three feet above the grade of the roof and that there is no mechanical equipment
closer than 20 feet. Therefore, nothing will be seen within 600 feet.
No one in the audience wished to address this issue.
Motion
Vice Chairman Golden moved to recommend approval of the site plan for the
Woolbright Medical Office to construct a 36,000 square foot medical office building on
14
MINUTES
PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 12, 1997
2.70 acres, subject to staff comments, subject to the City Attorney rendering an opinion
on the appropriateness of comment 33, and subject to clarification by staff of comment
8. Mr. Aguila seconded the motion, which carried 6-0. Mr. Dube had not yet returned
to the Chambers.
E. Time Extensions
Site Plan Time Extension
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Mall - Department Store "F"
Cormac C. Cohahan
DeBartolo Properties Management, Inc.
301 N. Congress Avenue
Request for a one-year time extension (to May
17, 1998) of a previously approved major site
plan modification for a 162,502 square foot
addition for a new department store at the
Boynton Beach Mall.
Attorney Cormac Cohahan represented the applicant. He had no problem with any of
the conditions, including condition 5, as long as the utility pipe can be connected to the
building.
Mr. Aguila advised this came to the Board when Dillards was thinking of coming in and
they exceeded the height limitations with an arch over the entranceway. He was in
favor of approving another one year only time extension; however, he was not in favor
of approving a height variance or other code variances that might have been granted to
Dillards to anyone else.
Mr. Cohahan advised that the same department store that wanted the signature arch is
the same department store that is going to be going in there. The same signature arch
will be necessary and they will need that same height variance for their signature arch.
He would understand that the extension would include this. Mr. Aguila had no objection
to this as long as it is the same department store.
No one in the audience wished to address this item.
At this time, Mr. Dube returned to the Chambers.
15
MINUTES - CITY COII1ISSIOh ...&TINS
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 PBrA 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 HEARINS
A. Project Name:
Agent:
OWner:
Location:
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...u 41( ;td 9f-o/2
Mayor Hanmening pointed out that the Planning and Development Board voted 6 to 1
to deny this.
Tambri 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 CCMMISSIOl ..&ETING
BOYNTON BEACH. flORIDA
~Y 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 Leisureville. In 1987, the property was rezoned from R-1-AA to
C-l 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 rezonings.
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 Hanmening 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 detenmined what the use would be in C-2, Mayor
Hanmening would not be in favor of a zoning change.
The motion carried 4-0.
- 11 -
. MINUTES
PlANNING AND DEVELOPMENT 8 ~D MEETING
80YNTON 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.O.O. 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-1 (Office/Professional) to C-2 (Neighborhood
Commercial).
1. Project Name:
Agent:
Owner:
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 DEVELOPMENT B .D 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-l 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-l property across the E-4 canal to the east.
Rumpf confinmed that the Paychex Office Building is only one-half of the
building site plan which was originally approved on the property.
as a
Mr.
office
John Glander~ Real Estate Appra1ser~ 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 detenmine 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.
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
1 i ke to serv-
They are not
Mr. Rosenstock referred to the staff report and read from the "Si te Hi story".
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 "northern New Jersey". He will not support this request.
- 4 -
MINUTES
.PLANNING AND DEVELOPMENT B. D 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 detenmine 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.
Chainman 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-l.
Mr. Glander said he contacted the Building Department to learn how many building
permits were issued for office buildings. The Building Department infonmed him
that no permits were issued in the past two years. He pointed out that Leisure-
vi11e 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 Leisurevi11e, 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 Leisurevi11e on two occasions to
infonm them of what was intended for this property. Leisurevi11e 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 Leisurevi1le
either in support or opposition of this request.
- 5 -
MINUTES
.PLANNING AND DEVELOPMENT 6 '0 MEETING
BOYNTON BEACH, FLORIDA
JANUARY 10, 1995
Vice Chainman 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 people serviced by the meat market in that center are not from
Leisureville.
Mr. Golden referred to the infonmation 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 reconmend 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 Le1surev111e. 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, Leisurevi1le will go against the proj-
ect at the City Conmission 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.
Chainman 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 DEVELOPMENT B '0 MEETING
BOYNTON BEACH. FLORIDA
JANUARY lOt 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 DEVELOPMENT & :0 MEETING
BOYNTON BEACH. FLORIDA
JANUARY 10. 1995
In addition, Mr. Golden pointed 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 Chainman had contact
this morning. However, no additionalinfonmation 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 tenms 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.
Chainman 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 petitioner1s request be denied and that the Board vote in the negative and
not grant the change in zoning from C-l to C-2. Mr. Golden seconded the motion,
which carried 6-1. (Mr. Walsh cast the dissenting vote.)
2. Project Name:
Annexation Progr~ 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.
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 -
,.I "
CL~'il'
_,.to ~_... "'-='~d . ... - '.' -""""-'."..,.,,,
~f/I1\J 1)-1/0
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
?\ye
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
-zo-
_':~,::....:,-...:.:.~~}i~-:;_~.a;,~L;;:~*-t;.,"'t!..~..t,.7~'~........~~,,:_
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-lAA
(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
AVe
Motion carried 3-2.
-21-
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 Tumed
Meeting Dates in to City Manager's Office Meeting Dates in to City Manager'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)
I2l October 7, 1997 September 26, 1997 (noon) 0 December 2, 1997 November 21,1997 (noon)
RECOMMENDA TION: Please place the request below on the October 7, 1997 City Commission meeting agenda under
Consent. At the August 19, 1997 City Commission meeting, this request was postponed to October 7, 1997, until the
application to change the 1987 rezoning condition regarding building height, referenced in condition 33, could catch up with
the site plan. The Planning and Development Board, with a 7-0 vote, recommended approval, subject to all staff comments in
Exhibit "C" - Conditions of Approval (see attached). The Board requested legal and planning staff to research two points of
clarification before the Commission meeting, relative to condition 8 and 33. Condition 8 has been corrected to reinsert the
missing words at the end of the sentence. The hearing for the process referenced in condition 33 is scheduled for the October
7'h Commision meeting. For the staff report pertaining to this request, see attached Planning and Zoning Memorandum No.
97-413.
EXPLANATION:
PROJECT: Woolbright Medical Office
AGENT: Robert Basehart, AICP
OWNER: Joseph R. Jingoli
LOCATION: Southwest comer of Woolbright Road and the LWDD E-4 Canal.
DESCRIPTION: Request to construct a 36,000 square foot medical office building on 2.70 acres.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
City Manager's Signature
Department Head's Signature
Development Services
Department Name
/--
. '1 / { ~
~ - 'Ii.: _~,"-(;.-"./' '\ t:( i...1:~-'~;----
Planning and Zoning Director
\\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\ Woolbright Medical Office\NWSP\Agenda Item Request 1O-7.doc
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97-413
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
August 12, 1997
DESCRIPTION OF PROJECT
Project Name:
Woolbright Medical Offices
Applicant:
Joseph Jingoli
Agent:
Robert Basehart
Location:
Southwest corner of Woolbright Road and the L.W.D.D E-4 Canal
File No.:
NWSP 97-013
Land Use Plan
Designation:
Office Commercial (OC)
Zoning
Designation:
C-1 (Office and Professional Commercial District)
Type of Use:
Medical offices
Number of
Units:
Not applicable
Square
Footage:
Site Area:
Building Area:
2.7 acres
36,000 square feet
Surrounding land
uses and Zoning
District: (see Exhibit "A" - location map)
North -
Woolbright Road right-of-way and farther north is a
medical office building, zoned C-1
South -
Palm Beach Leisureville residential development,
zoned R-1 AA
I
Page 2
Site Plan Review Staff Report
Memorandum #97-413
Woolbright Medical Offices
Existing Site
Characteristics:
Proposed
Development:
Concurrency:
a. Traffic-
b. Drainage-
East -
West -
Office buildings, zoned C-1
Palm Beach Leisureville residential development,
zoned R-1AA
The site is currently undeveloped and contains four Palms on the
western part of the property. The parcel is also separated from the
Leisureville development along its western and southern property
lines by a mature 6 foot high ficus hedge.
The developer is proposing construction of two, 2-story medical
offices and a combined parking facility for 196 parking spaces.
Each building would contain 18,000 square feet (see Exhibit "B" -
proposed site plan).
The originally submitted traffic impact analysis is obsolete,
as the second submittal contains substantial changes with
regard to the number of access driveways which has be
decreased from four to two. Although the Palm Beach
County Traffic Engineering Division reviewed the original
traffic analysis and found this project consistent with the
Palm Beach County Traffic Performance Standards
ordinance, the new driveway configuration requires an
amendment to the traffic impact analysis final review and
determination of compliance by the county.
Insufficient drainage information has been submitted for the
Engineering Division to certify compliance with the City's
drainage levels of service at the time of site plan approval
when it is required. The Engineering Division is
recommending that this be postponed to time of permit
review.
Driveways: On-site traffic circulation consists of a two-way, looped system
connecting the site via two, 27 foot wide ingress/egress driveways
onto Woolbright Road.
Parking Facility: There are 196 on-site parking spaces to be provided, including six
~
Page 3
Site Plan Review Staff Report
Memorandum #97-413
Woolbright Medical Offices
(6) handicap accessible spaces as required by ADA. This exceeds
the minimum standard of 162 parking spaces as required by the
Land Development Regulations, Chapter 2 - Zoning for this use.
Landscaping:
The landscape plan will fully meet the code requirements when
staff comments are incorporated.
Building and Site
Regulations:
The plans will fully meet the building and site regulations when staff
comments are incorporated.
Community Design
Plan: There are two buildings proposed for the site. The building located
at the western part of the lot will contain medical offices. The other
building is designated on the site plan as a professional office
building. The exterior elevations of the buildings are identical. The
buildings are finished with a combination of various colored stucco.
Roofs of both buildings are flat and are hidden behind
approximately 3 foot high parapet walls. The site is located at the
western terminus of a neighborhood commercial development at
the corner of S.W. 8th Street containing several architecturally
diverse buildings. No specific architectural pattern has been
established in this area to which this project would be compared.
Signage:
Signage, although required, has not been submitted as a part of
this application. Another formal submittal of a major site plan
modification will have to be made and be presented to the Planning
and Development Board for consideration and approval.
Compliance with
Rezoning
Conditions:
I n September of 1987, the City Commission conditionally approved
a rezoning request of the subject parcel from R-1AA (single family
residential) to C-1 (Office and Professional Commercial). The
conditions of the approval are listed below.
. Construct a six foot high concrete block wall along the southern
and western property boundaries.
. Parking lot lighting shall be directed away from the existing
residences
. The proposed building height shall be limited to one story and
no higher than 15 feet.
3
Page 4
Site Plan Review Staff Report
Memorandum #97-413
Woolbright Medical Offices
The proposal incorporates (or will incorporate when staff comments
are addressed) the first two conditions of approval. The third
condition limiting the height of the building, which is not met under
the proposed development plan, was discussed with the
Leisureville Homeowners Association (the property owners
immediately to the south and to the west of the subject site and the
only residence within 400 feet - the area required to be notified of
rezonings and changes to rezonings). The applicant informed staff
that an agreement with Leisureville was reached allowing two story
buildings to be constructed on the site. Therefore, if the city is in
agreement with changing this rezoning condition, the applicant will
file the proper paper work to change the condition. This process
will require public hearings and an ordinance to be adopted.
RECOMMENDA TION:
The Planning and Zoning Department recommends approval of this site plan request,
subject to the comments included in Exhibit "C" - Conditions of Approval. The
Technical Review Committee (TRC) recommends that the deficiencies identified in this
exhibit be corrected on the set of plans submitted for building permit.
xc: Central File
\Woolbright Medical Office\NWSP\site plan staff report woolbr med off.doc
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EXHIBIT "A"
5
LOCATION MAP
'WOOLBRIGHT MEDICAL OFFICES
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EXHIBIT "C"
9
EXHIBIT "B"
Conditions of Approval
Project name: Woolbright Medical Office
File number: NWSP 97-013
Reference: The plans consist of6 sheets identified as 2nd Review. New Site Plan. File # NWSP 97-013 with a
Julv 9. 1997 Planning and Zoning Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments:
1. The dumpster located on the east side of the property meets the requirements X
for size, but does not have the proper angle for approach that city vehicles
need. The dumpster location will have to be turned clockwise for a safe
approach.
UTILITIES
Comments:
2. Palm trees shall be the only tree species allowed within utilities easements. X
Canopy trees may be planted outside of the easement so that roots and
branches will not impact those utilities within the easement m the
foreseeable future (Sec. 7.5-18.1).
3. Department of Health permits will be required for the water and sewer X
systems serving this project (Sec. 26-12).
4. A capacity reservation fee will be due for this project upon the Utilities X
Department request for signature on the Health Department application
forms or within 30 days of site plan approval. This fee will be determined
based upon final meter size (Sec. 26-34(E)).
5. Water and sewer lines to be owned and operated by the City shall be included X
within utility easements. Show all proposed easements on the engineering
drawings, using a minimum width of 12 feet. The easements shall be
dedicated via separate instrument to the city (Sec. 26-33(a)).
6. Appropriate backflow preventers will be required on the domestic water X
service to the building, and the fire sprinkler line if there is one (Sec. 26-
207).
7. Water meter sizes are smaller than normally installed for the use specified. X
Please provide engineering calculations.
FIRE
Comments:
8. The parking lot and any turns within shall accommodate the turning radius X
Page 2
Woolbright Medical Office
File No. NWSP 97-013
DEPARTMENTS INCLUDE REJECT
of the aerial ladder truck.
POLICE
Comments: None X
ENGINEERING DIVISION
Comments:
9. On both the site plan & drainage plan, indicate stop bars at all stop sign X
locations. [MUTCH]
10. Provide the city with a copy of the county permit required for work on X
Woolbright Road. [Chapter 23, Article II.H.6.]
II. Add a stop bar/sign for westbound traffic in the northwest parking area just X
before entering the west driveway egress lane. [MUTCD]
12. Remove the ingress/egress pavement arrows shown within the Woolbright X
R/W. Install "Right Turn Only" arrows in front of the stop bars. [MUTCD]
13. Add "Right Turn Only" post signs underneath the egress driveway stop X
signs. Additionally, install "One Way" arrow, post mounted signs in the
Woolbright Road medians directly across from the two exit driveways.
[MUTCD]
14. A curb cut detail for the handicap access aisles at the sidewalk will be X
required at time of permitting. [Florida Accessibility Code]
15. Provide an engineer's sealed certification that "the drainage plan will X
conform with all rules, regulations and codes including, but not limited to,
Chapter 6, Article IV, Section 5 of the City's Land Development
Regulations". [Chapter 4, Section 7.F.2.]
16. Provide pavement arrow markings to delineate lanes within parking lot X
aisles. [MUTCD]
17. On the north side of the medical office building (south side of the north X
parking lot), the sidewalk dimension on the site plan is shown as 7 feet and
the dimension on the drainage plan is shown as 5 feet. Provide consistency
in dimensions on both plans.
Page 3
Woolbright Medical Office
File No. NWSP 97-013
18. All plans submitted for specific permits shall meet the city's code X
requirements at time of application. These permits include, but are not
limited to the following; site lighting, pavmg, drainage, curbing,
landscaping, irrigation and traffic control devices. Permits required from
agencIes such as the FDOT, PBC, SFWMD, L WDD and any other
permitting agency shall be included with your permit request.
BUILDING DIVISION
Comments:
19. On the site plan place a note indicating that the required handicapped X
accessible path leading to the entrances of both buildings from the abutting
public right-of-way and each handicapped parking space will be designed
and constructed in compliance with the regulations specified in the Florida
Accessibility Code for Building Construction, Section 4.1.2 III (1) thru (4).
Where applicable, specify with notes on the plan the location of the required
curb cut ramps.
20. Where applicable, provide the following information on the Paving and X
Drainage Plan:
a) Show the location of the handicapped accessible curb cut ramp(s).
b) Provide a detail drawing ofthe curb cut ramp(s).
c) Specify the finish grade elevations and/or slope of the accessible paths
required to both buildings from the abutting right-of-way and the
handicapped parking spaces.
d) Identify the finish floor elevation of each building.
Note: All drawings, dimensions, surface finishes, elevations and slopes
shall comply with the regulations specified m the Florida
Accessibility Code for Building Construction, Section 4.1.2 III (1)
thru (4).
21. At time of site plan review, building and site signage is required to be X
submitted and reviewed for compliance with the applicable code
regulations. Because the applicant did not provide the requested detail
drawings of the site and building signage including showing, identifying
and dimensioning the location, size, color, type, style, height or form of
illumination, the monument sign shown on the plan view drawings shall be
omitted from the plans. To clarify the status of the signage for the project,
place a note on the site plan and elevation view drawings of the buildings
indicating that the site and building signage will be approved under a
separate site plan review submittal specifically for signage. [Chapter 21 -
Sign Code and Chapter 9 - Community Design Plan, Section 10.1.]
22. Permit plans for the proposed project shall comply with the applicable X
Building, Energy and Handicapped Codes. [Chapter 20 - Building,
Housing and Construction Regulations].
Page 4
Woolbright Medical Office
File No. NWSP 97-013
23. The 100 square foot proposed monument sign illustrated on the site plan X
exceeds the 64 maximum square foot for signage and is not part of this
request. Remove the monument sign drawing from the plan.
PARKS AND RECREA nON
Comments: None
FORE S TER/ENVIRONMENT ALIST
Comments:
24. The applicant shall quantify the existing Cabbage Palm trees which will be X
relocated on the site.
25. The applicant shall indicate if any of the existing Ficus hedge plants will be X
preserved on the site, or replaced with new hedge materials.
26. The applicant is required to provide landscaping and irrigation to the X
Woolbright Road median abutting the project. The city Parks Division has
a policy and procedure manual directing how the median landscaping shall
be designed for future city maintenance. [Comprehensive Plan Policy]. The
city is currently in the design phase to landscape/irrigate all of the
Woolbright Road medians from N.W. 22nd Street east to Corporate Drive
(5 medians). The applicant can choose to participate with the city in the
allocated costs to complete the one median abutting the site or the applicant
may choose to complete all of the median improvements as part of the site
improvements that will be reviewed by staff.
PLANNING AND ZONING
Comments:
27. Provide a clause on the survey stating that the property was abstracted for X
right-of-way and easements, as required by LOR, Chapter 4, Section 7.A.
28. On the Landscape Plan, indicate percentage of native species for code X
required landscaping. City of Boynton Beach ordinance #89-38 and
Comprehensive Plan Policy 404.6 state that native vegetation species shall
satisfy at least 50% of all required site landscaping.
29. An amended traffic report shall be submitted to the Planning and Zoning X
Department for review by Palm Beach County Traffic Division.
30. All exterior utility boxes, meters, transformers, etc. shall be screened from X
view by a wall or continuous hedge as described in Chapter 9, Community
Design Plan, Sec. 10.CA.
31. On the site plan, indicate required setbacks and their dimensions for the C- X
Page 5
Woolbright Medical Office
File No. NWSP 97-013
1 zomng distrIct, aSi.]er Chapter 2, SectIOn 6, as required by the LDR
Chapter 4, Section .B.
32. All exterior surfaces of the structure(s) shall be depicted on elevations X
submitted for permit, including color code and manufacturer's name of
products.
33. Building height shall be limited to 15 feet as stipulated by the conditions of X
rezoning (City Commission Meeting of November 17, 1987). Prior to a
building permit, submit an application to change the rezoning condition. A
permit will not be issued until the necessary ordinance has been adopted.
Approval of the site plan is contingent upon adoption ofthe ordinance.
34. Provide buffer wall details including color, finish material, and setback. X
According to LDR, Chapter 2 Section 4.L the minimum setback shall be 2
feet.
35. Indicate the width of the required vegetative buffer between the vehicular X
use area and the Woolbright Road right-of-way (LDR, Chapter 7.5, Art II,
Section 5.D.l)
36. On the permit set of drawings, indicate the height of the parapet wall that X
will be used to screen roof top equipment.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
37. NONE. X
ADDITIONAL CITY COMMISSIONS CONDITIONS
38. To be determined.
TJH:dim
J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Woolbright Medical Office\NWSP\COND.DOC
DEVELOPMENT ORDER
CITY l BOYNTON BEACH, FLORIDA
PROJECT NAME: Woolbright Medical Office
APPLICANT: Joseph R. JinQoli
APPLICANT'S AGENT: Robert E. Basehart, AICP
APPLICANT'S ADDRESS: 3131 Princeton Pike, Bldg. #4, Suite 209, Lawrenceville, NJ 08648
DATE OF HEARING BEFORE CITY COMMISSION: August 19,1997
TYPE OF RELIEF SOUGHT: New Site Plan
LOCATION OF PROPERTY: Southwest comer of Woolbright Road and the E-4 Canal
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
_X_ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby
_X_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Brown\CDPA\DEVELOPMENT ORDER.doc