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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 if EXHIBIT "A" 5 LOCATION MAP 'WOOLBRIGHT MEDICAL OFFICES l~ ' I ~ r \ I ! ' L E C I.. . , ~ ~. . . > -__ .'" I I ..- ..-- .. . ;' _J j J 1 I \ 1 :~ , '"" p p ,..... Ill!l i 1 r ..~, . ~t'l ,-.. ., r~~ l~"" - _J J! '. I rT:TT..,})""/-rh: 7 ,','. , 'HI!II~r!'-'IJ(U..,. . ::. U nJ7i!' .. ::~_"'"1 _~~-. c-\~-^ 1'\ ;1// .8-97 ! ! .- EXHIBIT "B" 1 ." ... \ ... lOT 11 BLOCK 113 MEDICAL \ lJ OFFICE BUILDING \ 18.000 SF De' - ----- ~ T f; "'. ---- ..~ .... \. "'. '''''' ... ill ...- ....-- UTlUTY EASEMENT ~ Y , ---- 6 ".",.." E I ~_. - · 1.___.__ -r; 4.o1fC) L,.CJC..ln CUOMll8.. UVPn .... OFESSIONAL OFFICE BUILDING 18,000 SF l: ~ ~ .~' ..-/ ~,/' ~ it) U) ::.:: '1 w ~~ z CS cj ~ ..J ~ ." .... ~00>S>(\\~~~ .4' .,/ ~ .... ." ~ot-?- /' .....- .... .... ~ NORTH 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