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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT DIvision of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment February 1,2000 Robert Basehart 333 Southern Blvd. West Palm Beach, Flonda 3340 Re FIle No LocatIOn. Lowe's Home Center HTEX 99-00 I SW Comer ofI-95 and Woolbnght Dear Mr Basehart: Enclosed IS the CIty of Boynton Beach Development Order for a heIght exceptIOn granted on December 7, 1999 Should you have any questIOns regardmg thIS matter, please feel free to contact thIS office at (561) 742-6260 Smcerely, YL--&~ Michael W Rumpf DIrector of Planning & Zomng MWR/nl l:\SHRDA T AIPlanningISHAREDlWPIPROlECTS\LOWE'S HO~lE CENTERIHTEX\Development Order Lener.doc America's Gateway to tile Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CIl .JF BOYNTON BEACH, FLORID,. PROJECT NAME Lowe S. Home Improvement Center APPLICANT'S AGENT Robert E Basehart, AICP Basehart Consulting Inc. APPLICANT'S ADDRESS 333 Southern Boulevard Suite 200 West Palm Beach FI 33405 DATE OF CITY COMMISSION PUBLIC HEARING December 7 1999 TYPE OF RELIEF SOUGHT Height exception LOCATION OF PROPERTY Southeast corner Woolbright Road and Corporate Drive DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows OR 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 "0" with notation "Included" 4 The Applicant's application for relief is hereby -2L 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 \\\\\ \ 1111/ 11//111 ,\\ II/. <.'>' { tl TO ^f 1:1 '..z " 0 ~ 'l ~ ~ ......R:.... '...... ~ ..... . ~o ..r~ TO.... :::- 4. i;~ "0 ~ ~ - u . """'- = ::z :: - >- :- - ~ ::r-~ a ~.~.~.!c:2/ %0\. ~9?;... ff City Clerk % -............. ,\) ~~ SIP"'nnongISHAREOIWPIPROJECTSIlOWE'S HOME CENTERIHTEX\OEVELOPMENT OROER-h.ight .."""lion.doc: ~qll F L 0 ~ \\\"..... 1111/1/ II \I \ \\ \\ 7 Other DATED /o1~/PI' P3'1 EXHIBIT "D" ConditIOns of Approval Project name Lowe's Home Improvement Center File number' HTEX 99-001 (heIght exception for an addItional five (5) feet) Reference Hellzht exceotlOn letter dated October 21 1999 DEFARTMENTS 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 P ARKS AND RECREATION Comments. None X FORESTERlENVIRONMENT ALIST Comments' None X PLANNING AND ZONING Comments None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS Comments None X ADDITIONAL CITY CO~SSION CONDITIONS 1 "Fo be a~t-.lll1ined. . ~Ale .......- MWR.dim JISHROATAIPLANNINGISHAREOIWPIPROJECTSILOWE'S HOME CENTERIHTEX\CONO. OF APPR CC 12-7-99.00C MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA January 18, 2000 Mr Rumpf, Planning & Zoning Director, advised that this is a simple abandonment request. However, there is an active utility line behind the property utilizing the alley and it must be maintained Staff usually supports abandonments, but in this case, it should remain accessible Even though the applicant indicated that he would not block access, staff recommends denial of the request. Oris Walker, 707 NW 3rd Street, said he spoke with Attorney Martincavage when he had problems with people parking trucks in the alley He has since learned that there is a sewage line in the alley and Utilities is against the abandonment. Mr Walker requested that this item be removed and he will work out his concerns with Code Compliance. Attorney Cherof requested that the record reflect that there was a withdrawal of the agenda item and application for abandonment. B Project: Agent: Location Description Lowe's Home Center Robert E. Basehart, Basehart Consulting, Inc. Southwest corner of 1-95 and Woolbright Road Request conditional use approval for the construction of a 135,197 square foot home improvement store with a 48,472 square foot garden center on 15 27 acres Attorney Cherof administered the oath to all that would testify during this quasi-judicial proceeding Bob Basehart, representing the project, introduced Mike Reynolds from Lowe's, Rick Creche and Rich Wilson from Creche Engineering Mr Basehart reminded the Commissioners that there previously was a public hearing on this item and the Commission approved the final adoption of the Comprehensive Plan amendment and rezoning The applicant appreciates staff's recommendation for approval and agrees with all of the conditions of approval imposed by staff and the Planning & Development Board The Planning & Development Board unanimously recommended approval of the request. MAYOR BROENING ANNOUNCED THE PUBUC HEARING THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPUCATION Motion Vice Mayor Tillman moved approval of Agenda Item B on Public Hearing, Lowe's Home Center Commissioner Denahan seconded the motion subject to staff comments with the exception of Comment # 10 which was revised to allow building signage tabulation to be limited to the area immediately around the sign letters and added requirement that revised site signage be approved by the Planning & Development Board Vice Mayor Tillman agreed with Commissioner Denahan's remarks and the motion carried unanimously 8