LEGAL APPROVAL
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RESOLUTION NO. R98-/?,
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT
OF A TWELVE FOOT WIDE UTILITY
EASEf\l.ENT LOCATED, AT THE
SOUTHWEST CORNER OF WOOLBRIGHT
ROAD AND THE E-4 CANAL; BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "An
ATTACHED HERETO; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID ABANDONMENT;
PROVIDING THAT THE ATTACHED
DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH
COUNTY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, David Remland, agent for Fredric Newman, of Newman
Realty Group, the owner of the property to be developed as the Woolbright
Twin Medical Plaza has requested the abandonment of a twelve (12) foot
wide utility easement located at the southwest comer of Woolbright Road and
the E-4 Canal; and
WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City's Planning
and Development Board and the City Commission on the pmposed
abandonment; and
WHEREAS, based on the foregoing information, the said utility
easement to be abandoned no longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOL VEO BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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OF 10206 Pg 1082
Section 1. The City Commission of the City of Boynton Beach,
Florida by and through its City Commission, does hereby abandon a twelve
(12) foot wide utility easement located at the southwest comer of Woolbright
Road and the E-4 Canal, as depicted on the attached Exhibit "A", located in
the City of Boynton Beach, Florida.
Section 2. The Mayor and City Clerk are hereby authorized and
directed to execute and deliver the attached Disclaimer and cause the same
to be filed in the Public Records of Palm Beach County, Florida.
Section 3. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED this ~t:J day of January, 1998.
ATTEST:
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CITY OF BOYNTON BEACH,
ommissioner
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ORB 1. 0206 Pg 1083
EXHIBIT "A"
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A portion of parcel "D" 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 N 69 0
11 '14"E. along the north line of said parcel "D" 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 040 07'13" a distance of 133.00 feet to the point of
beginning.
Continue thence along the arc of said curve, through a
central angle of 000 22'18" a distance of 12.00 feet; thence
5160 30'24"E. a distance of 23.88 feet; thence south
00022'42'W a distance of 149.89 feet; thence N 890
37'18'W a distance of 12.00 feet; thence N. 00022'42"E a
distance of 148.11 feet; thence N 160 30'24'W a distance of
22.10 feet to the point of beginning.
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WOOLBHI(..-IT MEDICAL
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DISCLAiMER
KNOW ALL MEN BY THESE PRESENTS that the City
of Boynton Beach, Florida, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim a twelve (12) foot
wide utility easement, located at the southwest corner of Woolbright Road
and the E-4 Canal and more particularly described in Exhibit "A" attached
hereto.
IN WITNESS WHEREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands and affixed
the seal of the City this _ day of January, 1998.
ArrEST:
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/' Su anne Kruse,
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared
GERALD TAYLOR and SUZANNE KRUSE, Mayor and City Clerk
respectively, of the City of Boynton Beach, Florida, known to me to be the
persons described in and who executed the foregoing instrument, and
acknowledged the execution thereof to be their free hand and deed as
such officers, for the uses and purposes mentioned therein; that they
affixed thereto the official seal of said corporation; and that said
~
OREL 10206 I='g 1086
instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this
J 6 tt., day of January, 1998.
~~
NOTARY PUBLIC, State of Florida
My Commission Expires:
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hA> Notary Public, State o(Florida :
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ORB 10206 Pg 10S?
EXHIBIT "A"
A portion of parcel "D" 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 "D" run N 69 0
11'14"E. along the north line of said parcel "D" 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 040 07'13" a distance of 133.00 feet to the point of
beginning.
Continue thence along the arc of said curve, through a
central angle of 000 22'18" a distance of 12.00 feet; thence
S160 30'24"E. a distance of 23.88 feet; thence south
00022'42'Wa distance of 149.89 feet; thence N 890
37'18'W a distance of 12.00 feet; thence N. 00022'42"E a
distance of 148.11 feet; thence N 160 30'24'W a distance of
22.10 feet to the point of beginning.
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fJ:fie City of
'Boynton 13eacli
ORlf 10206 Pg 1.088
DOROTHY H. WILKEN, CLERK PB COUNTY, FL
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'Boynton tJ3eadt, :Jforitfa 33425-0310
Citj !J{aff: (561) 375-6000
:FJU: (561) 375-6090
CERTIFICATION
I, SUZANNE M. KRUSE, CMC/AAE, City Clerk of the City of Boynton Beach,
Florida, do hereby certify that Resolution No. 98-17 consisting of two (2) pages,
Exhibit "A" consisting of one (1) page, a map consisting of one (1) page and the
original disclaimer consisting of three (3) pages is a true and correct copy as it
appears in the records of the City of Boynton Beach, Florida.
WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH,
FLORIDA, this 27th day of January, 1998.
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SU NE M. KRUSE, C C/AAE
CITY CLERK
JANUARY 27, 1998
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MEMORANDUM
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PlANNING ""~ '--'Ii
ZONING DFPT. ,
TO:
TAMBRI HEYDEN, PLANNING AND ZONING ADMIN.
FROM:
SUE KRUSE, CITY CLERK
DATE:
JANUARY 21, 1998
RE:
RESOLUTION #R98-17, #R98-18 THRU #R98-20
And
ORDINANCE #098-03, #098-04
Attached please find copies of the above mentioned resolutions and ordinances which
were approved at the City Commission meeting held on January 20, 1998.
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RESOLUTION NO. R98-/?,
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT
OF A TWELVE FOOT WIDE UTILITY
EASEMENT LOCATED, AT THE
SOUTHWEST CORNER OF WOOLBRIGHT
ROAD AND THE E-4 CANAL; BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A
DISCLAIMER FOR SAID ABANDONMENT;
PROVIDING THAT THE ATTACMED
DISCLAIMER BE RECORDED IN THE
PUBLIC RECORDS OF PALM BEACH
COUNTY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, David Remland, agent for Fredric Newman, of Newman
Realty Group, the owner of the property to be developed as the Woolbright
Twin Medical Plaza has requested the abandonment of a twelve (12) foot
wide utility easement located at the southwest corner of Woolbright Road and
the E-4 Canal; and
WHEREAS, comments have been solicited from the appropriate City
Departments, and public hearings have been held before the City's Planning
and Development Board and the City Commission on the proposed
abandonment; and
WHEREAS, based on the foregoing information, the said utility
easement to be abandoned no longer serves any useful purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida by and through its City Commission, does hereby abandon a twelve
(12) foot wide utility easement located at the southwest corner of Woolbright
Road and the E-4 Canal, as depicted on the attached Exhibit "A", located in
the City of Boynton Beach, Florida.
Section 2. The Mayor and City Clerk are hereby authorized and
directed to execute and deliver the attached Disclaimer and cause the same
to be filed in the Public Records of Palm Beach County, Florida.
Section 3. This Resolution shall take effect immediately upon
passage.
PASSED AND ADOPTED this A't:J day of January, 1998.
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EXHIBIT "A"
A portion of parcel "D" 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 N 69 0
11'14"E. along the north line of said parcel "D" 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 040 07'13" a distance of 133.00 feet to the point of
beginning.
Continue thence along the arc of said curve, through a
central angle of 000 22'18" a distance of 12.00 feet; thence
S160 30'24"E. a distance of 23.88 feet; thence south
00022'42'Wa distance of 149.89 feet; thence N 890
37'18'W a distance of 12.00 feet; thence N. 00022'42"E a
distance of 148.11 feet; thence N 160 30'24'W a distance of
22.10 feet to the point of beginning.
RESOLUTION R98-/B
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
STRONGLY OPPOSING APPLICATION NO. 98-SCA
95 IND 1 (B/E AEROSPACE PROPERTY) TO
AMEND PALM BEACH COUNTY'S FUTURE LAND
USE ATLAS; DIRECTING THE CITY CLERK TO
FORWARD A COPY OF THIS RESOLUTION TO
EACH MEMBER OF THE PALM BEACH COUNTY
BOARD OF COUNTY COMMISSIONERS, PALM
BEACH COUNTY PLANNING DIVISION AND TO
THE PALM BEACH COUNTY ADMINISTRATOR.
WHEREAS, Palm Beach County is proposing to Change the
County's Future Land Use Atlas, by Application No. 98-SCA 95 IND 1
(B/E Aerospace Property) by changing the land use designation from
Medium Residential 5 (MR-5) to Industrial (IND) for a .75 acre parcel;
WHEREAS, the City Commission of the City of Boynton Beach,
Florida is deeply concerned about the impact that this change may have
on increased traffic flow, and a possible increase in industrial waste
and/or pollution;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of
the City of Boynton Beach, Florida, that:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby strongly oppose a proposed change to the County's
Future Land Use Atlas, by application No. 98-SCA 95 IND 1 (B/E
Aerospace Property) from Medium Residential 5 (MR-5) to Industrial
(IND), for a .75 acre parcel.
Section 2. A copy of this Resolution shall be provided to all
members of the Palm Beach County Board of County Commissioners,
Palm Beach County Planning Division anq to the Palm Beach County
Administrator.
PASSED AND ADOPTED this j.~' day of January, 1998.
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RESOLUTION NO. R98-/9
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY oe; BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PALM
BEACH COUNTY DEVELOPMENT REGIONS
COMPETITIVE GRANT AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY, BY AND THROUGH ITS BOARD OF
COUNTY COMMISSIONERS IN REFERENCE TO THE
REDEVELOPMENT AND REVITALIZATION OF THE
DOWNTOWN REGION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the it is the policy of the County to stimulate and
encourage economic growth in Palm Beach County; and
WHEREAS, the Board of County Commissioners has determined that
providing assistance and support within development regions is essential to a
stronger, more balanced, and stable economy in Palm Beach County; and
WHEREAS, the City Commission of the City of Boynton, upon
recommendation of staff, deems it to be in the best interests of the residents and
citizens of the City of Boynton Beach to enter into a Palm Beach County
Development Regions Competitive Grant Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby authorize the Mayor and City Clerk to execute a Palm Beach County
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I Development Regions Competitive Grant Agreement, which Agreement is attached
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hereto as Exhibit "A", for the following project:
The Dolphin Plaza, located at 115 South Federal Highway,
Boynton Beach, Florida, in the amount of $83,000
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~t:7 day of January, 1998.
LORIDA
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RESOLUTION NO. R98-~t1
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THREE
(3) PALM BEACH COUNTY DEVELOPMENT REGIONS
CORE GRANT AGREEMENTS BETWEEN THE CITY
OF BOYNTON BEACH AND PALM BEACH COUNTY,
BY AND THROUGH ITS BOARD OF COUNTY
COMMISSIONERS IN REFERENCE TO THE
REDEVELOPMENT AND REVITALIZATION OF THE
DOWNTOWN REGION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the it is the policy of the County to stimulate and
encourage economic growth in Palm Beach County; and
WHEREAS, the Board of County Commissioners has determined that
providing assistance and support within development regions is essential to a
stronger, more balanced, and stable economy in Palm Beach County; and
WHEREAS, the City Commission of the City of Boynton, upon
recommendation of staff, deems it to be in the best interests of the residents and
citizens of the City of Boynton Beach to enter into three Palm Beach County
Development Regions Core Grant Agreement;
\' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida
does hereby authorize the Mayor and City Clerk to execute three Palm Beach
County Development Regions Core Grant Agreements, which Agreements are
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. i attached hereto as composite Exhibit "An, for the following projects:
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1. Cafe Barista, located at 529 East Ocean Avenue, Boynton
Beach, Florida, in the amount of $25,000;
2. Scully's Market, located at 214 East Ocean Avenue, Boynton
Beach, Florida, in the amount of $25,000;
3. Fisherman's Catch, located at 1022 North Federal Highway,
Boynton Beach, Florida, in the amount of $25,000.
Section 3. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ~~ day of January, 1998.
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ORDINANCE NO. 098-p'...1
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA AMENDING
CHAPTER 21, OF THE LAND DEVELOPMENT
REGULATIONS, "SIGNS", BY AMENDING ARTICLE II,
''VARIANCES/EXEMPTIONS AND PROHIBITIONS",
SECTION 3.H; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, it has come to the attention of the City Commission of the City of
Boynton Beach that some clarification is required regarding Section 3.H of Chapter 21 of
the Land Development Regulations with respect to prohibited signs; and
WHEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach has deemed it to be in the best interests of the citizens and residents of
the City of Boynton Beach to amend Chapter 21, Section 3.H of the Land Development
Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
I Section 1. Chapter 21, Article II. ''Variances/Exemptions and Prohibitions",
Section 3.H is hereby amended by adding the words and figures in underlined type and by
deleting the words and figures in struck-through type, as follows:
Section 3.
Prohibitions.
The following signs and related equipment are prohibited in all districts:
A. Any sign and/or sign structure...
F. Roof ~ signs
Section 2. That each and every other provision of the Land Development
Regulations not hereinbefore specifically amended shall remain in full force and effect
ca\ord\ldr chap 21 roof sign
rev. 12/23/97
1
I as previously enacted.
Section 3. Allla'Ns and ordinances applying to the City of Boynton 8e9ch in
conflict with any provisions of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately.
FIRST READING this ~ day of January, 1998.
SECOND, FINAL READING AND PASSAGE this ~ day of .J,../o<dN-'I, 1998.
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Commissioner
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Cit Clerk
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ORDINANCE NO. 098-d~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING CHAPTER 1, OF THE LAND
DEVELOPMENT REGULATIONS, ARTICLE II
DEFINITIONS, PROVIDING FOR REVISION TO THE
DEFINITION OF ROOF SIGN AND THE CREATION
OF A DEFINITION OF PARAPET SIGN; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
WHEREAS, it has come to the attention of the City Commission of the
City of Boynton Beach that certain definitions in Article II of Chapter 1 of the City
of Boynton Beach Land Development Regulations require clarification and/or.
should be added to the Land Development Regulations; and
WHEREAS, city staff and the Planning & Development Board recommend
a revision be made to the definition of "roof sign" and that a definition for
"parapet sign" be created for purposes of clarification and code interpretation;
and
WHEREAS, the proposed amendment to Chapter 1, Article II of the Land
Development Regulations has been reviewed, discussed, and recommended by
the Planning and Development Board of the City of Boynton Beach; and
WHEREAS, upon recommendation of staff, the City Commission of the
City of Boynton Beach has deemed it to be in the best interests of the citizens
and residents of the City of Boynton Beach to amend Chapter 1, Article II of the
I Land Development Regulations;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Calord~dr 1 definition roof sign
12/23/97
1
Section 1. Cm.,Aer 1, Article II, Definitions, is Ilv,eby amended by
, adding the words and figures in underlined type, and by deleting the words and
i: figures in struck-through type, as follows:
ARTICLE II. DEFIN'ITIONS
The words, terms and phrases herein shall be defined as follows
unless otherwise specified in this ordinance. The word nshall" is
mandatory, the word "should" is preferred and the word "may" is
permissive. The singular shall include the plural and the present tense
shall include the future tense and vice versa.
PARAPET SIGN - A sign placed completely on the face of the parapet.
ROOF SIGN -- A sign erected upon or above a roof or p3r3pet w311 of a
building. or above or partially above a parapet of a building.
Section 2. Each and every other Section of the Land Development
Regulations not hereinbefore specifically amended shall remain in full force and
effect as previously enacted.
Section 3. All laws and ordinances applying to the City of Boynton
Beach in conflict with any provisions of this ordinance are hereby repealed.
Section 4. Should any section or provision of this Ordinance or any
portion thereof be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this Ordinance.
Section 5. Authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately upon
I passage.
Ca\ord~dr 1 definition roof sign
12/23197
2
FIRST READING this ~ day of January, 1998.
SECOND, FINAL READING AND PASSAGE this --=L. day of
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1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
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12123/97
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OEVELOPMENTORDER
olin, BOYNTON BEACH, FLO",.~A
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100 rn @ rn u w ~~rn
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PROJECT NAME: Woolbright Twin Medical Plaza fka Woolbright Medical Offices
APPLICANT: Fredric Newman
APPLICANT'S AGENT: David Remland
PLANN!iJG A~!D
ZO:\!~;8 DEPT
APPLICANT'S ADDRESS: 555 South Federal Highway, Suite 350, Boca Raton, Florida 33432 .
DATE OF HEARING BEFORE CITY COMMISSION: January 20,1998
TYPE OF RELIEF SOUGHT: Abandonment (utility easement)
LOCATION OF PROPERTY: Southwest corner of Woolbright Road and the E-4 Canal.
DRAWING(S): SEE EXHIBIT "B" 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
lHAS
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
l 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: a.A/././.A~..::1..3 /9P,8
tI .
J :\SHRDA T A\Planning\sHARED\WP\Projects\Woolbright Twin MedicaIIABAN\DEVELOPMENT ORDER.doc
EXHIBIT "F"
Conditions of Approval
Project name: Woolbright Twin Medical fka Woolbright Medical Offices
File number: ABAN 97-005 (utility easement)
Reference: Abandonment application submitted November 12. 1997. File No. ABAN 97-005.
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. None. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. T&ee dd"'lUl~w;:;d. - ~A/€' /
/bme
s:\projects\cond of appr\