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AGENDA DOCUMENTS cn i OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Request~d City Commission Date Final Form Must be Turned Requested City Commission Date FinaJ Fonn Must be Turned Meetin2 Dates in to City Clerk's Office Meeting Dates in to Cit\' Clerk's Office 0 April 7, 1998 March 20,1998 (noon) 0 June 2, 1998 May 22, 1998 (noon) 0 A"riI21, 1998 April 10, 1998 (noon) ~ June 16, 1998 June 5. 1998 (noon) 0 May 5, 1998 April 24, 199& (noon) 0 July 7, 1998 June 26. 199& (noon) 0 May 19, 1998 May 8, 1998 (noon) 0 July 21,1998 July 10, 1998 (noon) RECOMMENDATION: This matter was tabled pending court mediation, The City Attorney advises that the mediation was concluded and was unsuccessfuL Accordingly, the site plan review process set forth in the Code should continue. EXPLANATION: PROJECT: Alhambra Square North AGENT: Malek and Associates OWNER: Norman J, Michael LOCATION: Northeast comer of Congress A venue and S,W, 23" A venue (Golf Road) DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan request. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Development Department Name /,L t- 7Z~ ~ Acting Director Plan~and Zoning S.\PLANNINGISHARED\WP\PROJECTS\ALHAMBRA NORTH\NWSl'\AGENDA ITEM REQUEST 6_16_98 DOC \11. PL slIe HE.ARI\G A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meelin2 Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office 0 April 7,1998 March 20. 1998 (noon) 0 June 2. 1998 May 22.1998 (noon) 0 April 21, 1998 April 10. 1998 (noon) I:8J June 16. 1998 June 5,1998 (noon) 0 May 5. 1998 April 24, 1998 (noon) 0 July 7,1998 June 26, 1998 (noon) 0 May 19. 1998 May 8, 1998 (noon) 0 July 21,1998 July 10, 1998 (noon) -- RECOMMENDA nON: This matter was tabled pending court mediation. The City Attorney advises that the mediation was concluded and was unsuccessfuL Accordingly, the site plan review process set forth in the Code should continue, EXPLANATION: PROJECT: Alhambra Square North AGENT: Malek and Associates OWNER: Norman J. Michael LOCATION: Northeast comer of Congress Avenue and S,W, 23" Avenue (Golf Road) DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan request. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A &h7 Department Head's Signature Development Department Name ~t.J~ Acting Director PI d Zoning S:IJ'LANNING\SHAREI>\WP\PROJECTS\ALHAMBRA NOIlTH\NWSP\AGENDA tTEM. REQUEST 6-16-9I,DOC ~~ p ~ Oz.. . . MILNOR ~ORPORATION BUILDERS & LAND DEVELOPERS 3475 WOOLBRIGHT ROAD. BOYNTON BEACH. FLORIDA 33436 PHONE 561/733-4353 . FAX 561/733-7875 ill ill@illOW ill ~-. .1 .1 ~ -,. I 1 ,,,, I ,.Cl f . U ~_v .;.J PLANNING AND L ZONING OE?I December 12, 1997 Ms. Sue Kruse City Clerk City of Boynton Beach P. 0, Box 310 Boynton Beach, Florida 33435 Dear Ms. Kruse: We are in receipt of the Agenda item Request Form wherein we would appear before the City Commission on December 16, 1997 in regards to the Alhambra Square North project. As referenced in ourtelefax of December 1,1997 postponing our place on the December 2, 1997 Agenda we are waiting for an appointment with the Palm Beach Circuit court. If you would be so kind as to postpone our place on the Agenda until we contact you indicating that we have appeared before the Court and they have rendered their decision. Thank you for your time and trouble in this matter. , Best regards, ./ -----;:h,d~!w./~ / rtflu Norman J(.Michael NJM/dlh tTfte City of '13oynton'13eacli 1OO~~~~ '2.0. 'Bo:t.310 ~ ~ %;riJ4 .3.342$-0.310 PHONE: (561) 375-4280 FAX:. (561) 375-6357 July I, 1997 Law Office of Eisen & Willits 299 Camino Gardens Blvd. Suite 204 Boca Raton, Florida 33432 Attention: Robert A, Eisen Re: M ilnor Corporation Dear Mr. Eisen: It is suggested to include the language that will permit a drug store with the drive-thru as an allowed use on the property depicted on the proposed site plan labeled Proposed Drug Store & Medical Office Building Job # 18797 dated June 8. 1997 and prepared by Miklos & Associates, Very truly yours. CITY OF BOYNTON BEACH, FLORIDA S-:Y-C. ~.. '-' Milan M, Knor, P,E. Director of Development MMKJck xc: James Cherof, City Attorney C:\My Documents'Alhambra Square :--;onh Agreement.doc "-..---... .~ Jtrn.er".cas (jauway to w (juf/stream IV-CONSENT AGEND,~ ITEM 0.1 ~ITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date FinaJ form Must be Turned Requested City Commission Date Final Fann Must be Turned Meetinll Dates in to City Man32cr's Office Meetinlit Dates in to City Manaeer's Office t8J December 16, 1997 December 5. 1997 (noon) 0 February 17.1998 February 6. 1998 (noon) 0 January 6. 1998 December 19. 1997 (noon) 0 March), 1998 February 20, 1998 (noon) 0 January 20, 1998 January 9. 1993 (noon) 0 March 17, 1998 March 6. 1998 (noon) 0 Fehruary 3,1998 January 23, 1998 (noon) 0 April 7, 1998 March 20. 1998 (noon) RECOMMENDATION: Please place the request described below on the December 16, 1997 City Commission meeting agenda under Consent - Ratification of Planning & Development Board Action, The Planning and Development Board with a 4-3 vote. recommended denial on the grounds that the proposed constrUction is in conflict with the current settlement agreement. You will recall that this item was frrst tabled at the September 16, 1997 City Commission meeting, at the request of the applicant. The additional time was needed to allow the applicant to file with the court fot interpretation of whether the 1989 Milnor settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, The item was tabled for a second time on November 4, 1997, and again on December 2, 1997. The time period estimated for the courts to provide clarification on the settlement agreement is six (6) months, At a minimum, lhe City Commission should set a specific dale at which lime this item should be postponed to and reconsidered. EXPLANATION: PROJECT: Alhambra Square North AGENT: Malek and Associates OWNER: Norman J, Michael LOCATION: Northeast comer of Congress Avenue and S,W, 23" Avenue (Golf Road) DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan request, PROGRAMIMPACT:NA FISCAL IMPACT: NA ALTERNATIVES: NA ~ :I! /)),1~, -" ) Manager's Signature Development Services Department Name A- Cu. ~~ Planning & oning Drrcctor S:\BULLETJN\FORMSIAGENDA ITEM REQUEST FORM,DQC /~a~~~~;;~ ~~ ~6/97 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetin~ Dates in to City Manaeer's Office Meetine: 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) 0 October 7. 1997 September 26, 1997 (noon) ~ December 2. 1997 November 21, 1997 (noon) RECOMMENDATION: Please place the request described below on the December 2, 1997 City Commission meeting agenda under Consent - Ratification of Planning & Development Board Action, The Planning and Development Board with a 4-3 vote, recommended denial on the grounds that the proposed construction is in conflict with the current settlement agreement, You will recall that this item was first tabled at the September 16, 1997 City Commission meeting, at the request of the applicant. The additional time was needed to allow the applicant to file with the court for interpretation of whether the 1989 Milnor settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, The item was tabled for a second lime on November 4, 1997, and again at the request of the applicant. The time period estimated for the courts to provide clarification on the settlement agreement is six (6) months. At this meeting, the City Attorney is anticipated to provide direction to the Commission with regards to the further tabling, Or perhaps the removal of this item from the agenda during the interim period, EXPLANATION: PROJECT: Alhambra Square North AGENT: Malek and Associates OWNER: Norman J, Michael LOCATION: Northeast comer of Congress Avenue and S. W, 23" Avenue (Golf Road) DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan request. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Af'~~ , He d's Signature City Manager's Signature Development Services Department Name -(tv G. ~ ~ Planning and Zonin rrector IICH\MAJN\SHRDA T AIPlanninglSHAREDlWPIPROJECTSIALHAMBRA NORTHlNWSPlAgenda Item Request 110497 #2.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned 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 (noonl 0 September 2. 1997 August 22. 1997 (noon) jgJ November 4, 1997 October 24, 1997 (noon) 0 September ] 6. 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon) 0 October 7.1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon) RECOMMENDATION: Please place the request described below on the November 4, 1997 City Commission meeting agenda under Consent - Ratification of Planning & Development Board Action, The Planning and Development Board with a 4.3 vote, recommended denial on the grounds that the proposed construction is in conflict with the current settlement agreement, This item was tabled at the September 16, 1997 City Commission meeting, at the request of the applicant. The additional time was needed so that the applicant could file with the court for interpretation of whether the 1989 Milnor settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, As of the deadline for this agenda, staff has not been able to reach the applicant, and further notice of an additional postponement has not been received. EXPLANATION: PROJECT: Alhambra Square North AGENT: Malek and Associates OWNER: Norman J, Michael LOCATION: Northeast comer of Congress Avenue and S,W. 23,d Avenue (Golf Road) DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan request. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Development Services Department Name .?' ,;' rJ., r~~?L- /? Planning arid .l6ning Dire tt:-v J:\SHRDA TA\PlanningISIIAR[D\WP\PROJECTS\ALHAMBRA NORTH\NWSP\Ag~nda Item Request 110497.doc AGENDA . I 00 .30. m PLANNING AND ZONI NG DEPT 10/29/97 WED 11:05 FAX 813 229 1447 RUDNICK&WOLFE ~001 RUDNICK & WOLFE 101 Eo.sr Kennedy Boulevard Suire 2000 Tampa, Florida 33602.5133 Telecopiers (813) 229-1447 (813) 224-0246 Telephone (813) 229-2111 IMl'ORTANT: THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS P1UVILBGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPUCABLE LAW, IF THE READER OF THIS MESSAGE r5 NOT THllINTBNDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THBMESSAGE TO THE INTENDBD RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYlNG OF THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE llECBIVED THIS CO~~UNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED STATES POSTAL SERVICE. THANK YOU IELECOPIER COVER SJlEE.T TO: FROM: DATE: James Cherof, City Attorney Cynthia A, Henderson October 29, 1997 Number of PagC5: 3 (inCluding cover sheet) Telecopier Number 561137.5-6054 Confll'lDation Number 5611375-6050 Client Number 26360.00,014 MESSAGE: Please see corresDondence which foHows, If there are any problems with. this transmittal, please call Rudnick & Wolfe's File/Mail/Fax Center at (813) 229-2111, ext, 230 or 279, 10'29'97 WED ll:0S FAX 813 229 1447 RVDNICK&WOLFE ~002 LAW OFF'I<;E:S RUDNICK & WOLFE ... "''''RH":,,.i'l'P II"C~V;' Na ~.O,.e:S.'Of'olAI". <:::O"~OR"'TION~ CH.CA.GO C~I""I<:r: 101 ~^ST KENNCDY elVO. SU''!''1t aooo TAJ'I1PA, FLORIO"," 33eoc.613~ W''''~Io.4rNG'!'ON 0 r:;. O\f"\<;t. RfojD""'C;t< S W01.I"'l! ZO:) NO,,'!",", I.... S......~~ &T"'IEIE'" Sl..iI"'C \&00 C;"'ICAI$O, 'L.L.INC""5 60(lO~'I"!):t (~'i',\ 3.....QI;I0 .....CSI...:LI: :,)'011 1t;,,,.,.S,1'< 1'E""C~,",ONE (813) ,a."Z'11 "'''(;:$IIolIL.l; (1I:~1 ""~_1""7 ""UO"'lICl<, WO","1I.. ....lfTi!!N 6' ZIiJOMAN 1201 NeW 'l"O~1"i AvtN.JC., N.W ..t:NT"OI.i5f:; W"'S"'I,~C"ON, a.c. ",QQQS.:3~I. ,~o,u "'Z-l'l:OO "ACfI,l""Il"C 1;r.~::I.i .,,,..]:t.~ CYNTHIA A. HENDERSON October 29, 1997 26360,00.014 Via F~csimile Mr, James Cherof City Attorney' City of Boynton Beach Pest Office Box 310 Boynton Beach, Florida 33425-0310 Re: Alhambra Square North Dear Jim' As a follow up to our telephone conversation on October 24, 1997, this letter is a request to continue the public hearing on the discussion of the Stipulation and Settlernenl Agreement and approval of the Preliminary Site Plan. I understand they are scheduled for Tuesday, November 4, 1997, on the City CommIssion agenda. At our last public hearing, we continued these hearings in order to give us time to appear before the Judge to seek an interpretation of the Stipulation and Settlement Agreement. We have attempted to schedule a hearing 0:1 this issue with the presiding Judge, Unfortunately, we were unable to obtain any guidance as to the exact hearing date that is available, III or~r to scheduled a hearing, we need additional information from the City as 10 how long it believes it will take to present its case On this issue. As we discussed, we plan to file a motion to enforce thc Stipulation and Settlement Agreement in order to bring this issue before the Judge, We ask that YOIl discuss this matter with the City Commission and advise us as to your list of witnesses and the length of presentation of your case so that we can schedule this hearing as expeditiously as p05Sible, As r discussed. We will be providing you with a copy of our Motion to Enforce the Stipulation and Settlement Agreement as soon as it is avai[able. We also appreciate your willingness to accept service, It will elCpedite our hearing process, --~--- -_._-~ LY/~Y(~l ~hU Ll~UO ~AA ~lJ ~~~ l~~i KlUNlll\&WOLfE 141003 RUClNICK & WOLFE James Cheraf City Attorney City of Boynton Beach October 29. 1997 Page 2 Thank you for your cooperation, In the interest of our client, please let us know if this maner will be continued, Cordially yours, CAR/sip CAH64767 cc: Mr. Alan Bumberg ~~ ..'" .... . ... ,.'~ .. ao '" ... ~ "........,"''-L\t.Ir.'''....l..t't. \i!JIJU' I...J>.W ':oFF' C:ES RUDNICK & WOLFE AI .."",I!TNC"_...'., I"C~\,I;I NIJ ~"O't.S."IOM""'" el)"~OP,"'T10N; CI-l C;.t.GO o..,.\<:~ 101 e::^ST KENNCOY el.'Jo. SlJ '\01[ cOOO .,.....MP""'. F'LO~\O'" 33ec2.S13~ W",'l-I:NO'rQN 0';. OI""IC;!: IQ....ONIC;t< ell 'NC1..fI'e 203 NO"..... "'..... ,,"'...., $"~~'I'" Sl.I'''C ISOO C...(~...~O. \"'wl~C1S .O"O"I~O:l ().:n .3.....QOO ,....CS\"",~~ ',31;)) t3.,".r~ TCl"Ctll"'lQl';t. t&l J) "~..Zll' .....es' "",'-, <.'::\1 "o!~.I"'.Y "'UCf'(ICo<, WO...... _"IIlT:."", 5. ;tSn:::lMAN I~OI ~1a:W VO.:!I'C AV'", ..Ie. N.W _1:Ilol1'... 0... &-c:. WA.$...'NC"ON, CI.c:. ",QQQ..3Q.. tOaI7'z.t;:OO "AC;~'''''II..e:: j.!.O:" 1 i.7a.a CYNTHIA A. HENDERSON October 29, 1991' 26360,00,014 Via F~csirnile Mr, James Cherof City Attorney' City of Boynton Beach POst Office Box 310 Boynton Beach, Florida 33425-0310 Re: All,omlml SqUilrt North Dear Jim: As a follow up to oue telephone conversation on October 24, 1997, this letter is a request to continue the public hearing on the discussion of the Stipulation and Settlement Agreement and approval of the Preliminary Site Plan. I understalld they are scheduled for Tuesday, November 4, 1997, on the City ComDllssion agenda. At our last public hearing, we continued these hearings in order to give us time 10 appear before the Judge to seek an interpretation of the Stipulation and Settlement Agreemel1t. We have attempted to schedule a Ilearing 0:1 this issue with the pres\di:1g Judge, UnfortUnately, we were unable to obtain any guidance as to the exact hearing date that is available, In order to scheduled a hearing, we ne:d additional information from the CilY as to how long it believes it will take to p~nt itS case on this issue, As we discussed, we plan to me a motion to enforce the Stipulation and Settlement Agreement in order to bring this issue before the Judge, We uk that you discuss this matter with the City Commission aoo advise us as to your list of witnesses and the length of presentttion of your case so that we can schedule this hearing as expeditiously as possible. As I discussed, we will be providing you with a copy of our Motion to Enforce the Stipulation and Settlement Aareement as soon as it is available, We also appreciate your willingness to accept service. It will expedite oue hearing process, IV, CONSENT AGENDP D, ( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned MeetinR Dates in to City Manner's Office Meetinsz Dates in to City Manaszer'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) 181 November 4, 1997 October 24, 1997 (noon) 0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7,1997 (noon) 0 October 7, 1997 September 26, 1997 (noon) 0 December 2. 1997 November 21, 1997 (noon) RECOMMENDATION: Please place the request described below on the November 4, 1997 City Commission meeting agenda under Consent - Ratification of Planning & Development Board Action. The Planning and Development Board with a 4-3 vote, recommended denial on the grounds that the proposed construction is in conflict with the current settlement agreement, This item was tabled at the September 16, 1997 City Commission meeting, at the request of the applicant. The additional time was needed so that the applicant could file with the court for interpretation of whether the 1989 Milnor settlement agreement, which allows a pharmacy, also allowed a drugstore on the subject property, As of the deadline for this agenda, staff has not been able to reach the applicant, and further notice of an additional postponement has not been received. EXPLANATION: PROJECT: Alhambra Square North AGENT: Malek and Associates OWNER: Norman J, Michael LOCATION: Northeast comer of Congress Avenue and S,W, 23" Avenue (Golf Road) DESCRIPTION: Ratification of Planning and Development Board action denying the Alhambra Square North site plan request, PROGRAM IMPACT: N/A FISCAL IMPACT: N/A A~TERNATIVES: N/A #~- Development Services Department Name J4uLut' e ~tbJ Planning and ~ning Dire or J:ISHRDA T AIPlanninglSHAREDI WPlPROJECTSIALHAMBRA NORTHlNWSPlAgenda Item Request 11 0497.doc DEVELOPMENT ORDER CI r't .IF BOYNTON BEACH, FLORID"" d.e-; {RI!(! .LleENSe --;]),& /2."',v#IA/a PROJECT NAME: Alhambra Square North ~ ~ l&J ,r'-'--'''-'rn! JUNI8. W APPLICANT: Norman J, Michael APPLICANTS AGENT: Malek and Associates APPLICANTS ADDRESS: 253 N.E. 2nd Avenue, Delray Beach, Florida 3344 DATE OF PUBLIC HEARING BEFORE CITY COMMISSION: June 16,1998 TYPE OF RELIEF SOUGHT: New Site Plan (Walgreen's and medical office) LOCATION OF PROPERTY: Northeast corner of Congress Avenue and S,W, 23rd Avenue (Golf Road) 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 HAS ..lL- 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 _ GRANTED subject to the conditions referenced in paragraph 3 hereof, -L 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: (2"''-';/0 /~ /99.8 (/ ~d~~'~~" _ City Clerk \\\1,,\\1111''''''1 0$"'\ 0'1 NTO-V rll~ .::::: A ........ It.~... '" v.' 0"'" "'....." ;::. (( .,O^..? ."'t~'. ".- ~ .;:: 0 o'"Or '&:-~. '"V ~ ::::$} J 0 ~ = ~ :c;, :t :: - I- . - ~ 0 \... '\ 9'2.0 j ~ ...... o' ~ ~ ...........,.. *' ~III "1 Ol'\\Q ~\\~ rl"'''"fI\\I\\\\~ J:ISHRDA T AIPlanninglSHAREDlWPIPROJECTSlBrownlCDPAIDEVELOPMENT ORDER.doc DEVc._OPMENT SERVICES DEPA. ,'MENT PLANNING AND ZONING DIVISION MEMORANDUM #97- 444 SITE PLAN REVIEW STAFF REPORT FOR PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION August 26, 1997 DESCRIPTION OF PROJECT Project Name: Alhambra Square North Applicant: Milnor Corporation Agent: Malek and Associates Location: Northeast corner of Golf Road and Congress Avenue, FileNo.: NWSP 97-014 Land Use Plan Designation: Office Commercial (OC) Zoning Designation: Office and Professional district (C-1) Type of Use: Drugstore with a drive-through and a medical office building Number of Units: nla Square Footage: Site Area: Building Area: 3.92 acres 40,065 sq, ft. Surrounding land uses and Zoning District: (see Exhibit "A" - location map) North - Leisureville single family residential development, zoned R~1AA South - Golf Road right-of-way and farther south is undeveloped land, zoned R-3 East - Leisureville single family residential development, zoned R-1AA / Page 2 Site Plan Review Staff Report Memorandum #97-444 Alhambra North Existing Site Characteristics: Proposed Development: Concurrency: a. Traffic- b. Drainage- Driveways: Parking Facility: Landscaping: Building and Site Regulations: West - Congress Avenue right-of-way and farther west is Quail Lake, zoned PUD The site is currently undeveloped and contains a hedge centered on the northern and eastern property lines, The developer is proposing construction of two buildings: · 13,905 sq, ft. 1-story drugstore with a drive-through . 26,985 sq. ft, 2-story medical office and a parking facility for 204 parking spaces (see Exhibit "B" _ proposed site plan), The subject site is vested for traffic concurrency, as it is the subject of a settlement agreement dated prior to the city's and Palm Beach County's concurrency ordinances, The traffic study for the proposed development was forwarded to the Palm Beach County Traffic Division for evaluation, A verbal response was received approving the study. The subject site is exempt from the city's concurrency requirements for the same reason stated above, The Engineering Division is recommending that specific drainage solutions be reviewed at the time of permit review, On-site traffic circulation consists of a 27-foot wide driveway system looping both proposed buildings and connecting the site with Golf Road to the south and Congress Avenue to the west. There are 204 on-site parking spaces to be provided, including seven (7) handicap accessible spaces as required by ADA. This exceeds the minimum standard of 201 parking spaces, as required by the Land Development Regulations, Chapter 2 - Zoning for this use. The landscaping of the site will fully meet the code requirements when staff comments are incorporated. Building and site regulations will be fully met when staff comments Bre incorporated into the permit drawings. ;< Page 3 Site Plan Review Staff Report Memorandum #97-444 Alhambra North Community Design Plan: There are two buildings proposed on the site: a Walgreen's drugstore with a drive-through and a medical office building, The Walgreen's building is a one-story structure finished with a beige stucco and is covered by a flat roof, Entrance elements are covered with a sloped roof finished with "mission S" style roof tiles. The height of the building is 27 feet. The information regarding exterior building materials proposed for the medical office building is very limited. The elevation drawings show a 25 foot high, two-story building finished with stucco and covered with a flat roof. Similar to the Walgreen's building, entrance elements are covered with the sloped roof finished with "mission S" style roof tiles. The complex, as a whole, is architecturally compatible with the surrounding residential development. Signage: Signage for the site consists of a pole sign located at the southwest comer of the property, Signage will fully meet the code requirements when staff comments are incorporated. Compliance with Stipulated Agreement: In October of 1989, the City Commission entered into a court ordered stipulated agreement with the Milnor Corporation to set forth the restrictions for development of the subject Alhambra North property. The conditions set out by this agreement are as follows: (1) Building height not to exceed two stories; (2) All dumpsters to be located away from adjacent residential areas; (3) Construction of the six-foot high zoning boundary wall shall be coordinated with the governing association of the adjacent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association and at no cost to the governing association; (4) Parking lot lighting shall be shaded so as not to shine directly into residential areas, and parking lot lighting shall not be illuminated after 11:00 P,M. The proposal, as submitted, will incorporate all conditions of the stipulated agreement, when staff comments are incorporated. However, with respect to the drug store use proposed, a land use ::2- J Page 4 Site Plan Review Staff Report Memorandum #97-444 Alhambra North amendment and rezoning to C-2 are necessary, since drugstores are not permitted in the current C-1 zoning of the property, The City Commission has agreed to discuss this revision to the settlement agreement at the September 2, 1997 commission which is the same meeting that this site plan request will be discussed, RECOMMENDATION: Planning and Zoning 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 IICH\MAINlSHRDATAIPLANNINGISHAREDIWPIPROJECTSIALHAMBRA NORTHINWSPlSITE PLAN STAFF REPORT WALGREENS.DOC 4 EXHIBIT "A" 6" L:)CAT\ON M:.P AU-\AMBRA SQUARE NORTH \. ~~:k~~~r~~:;~~~9~-~~~C~~ ~_ 'L.:.~'-S:\Jr;-41"'T"""" ILJ. \\ ' _",In:' c-11I""" ~j .....__;\':U , ~ ~ .,,,, "0. ...., .'M 1\ ' .Io;~- ' ' ~ ~- '--~~' . '. ~es OF " . . ,....' "'''''' .,.. ,,~.... .:1::: l . '" I _ , .. '-" q =. ' .. . J ' .'1 \. j/-i.. c:::v:~ ::r.;" ~~ ' ...... '" ,", ~. ,": .:,', 8-" ;r---=- ~-"?" ~-- ~ ~_., L ,.,. . ~"". -.- -, ,,- - ~. , '", ,===;',' -r .' >-,' . ,,- , ". " --. --0: - i<l- t A ! ':::' ."..= . ,'" .' .., ; . 'c -';;;, ""...-~ . -' ~ " . . ' --------' ~"" .. ~ "" " ,'E- .. - I \ \ c' \ \ \ . ."3, I ," \_ "" """'~ lU / 17 ,~d. \~ ..) - ,- :";C~ -' -.' ...--;-~ \' ~~ ~~~~ 1, ) C \ \- :~ ,', .,..t$';9;:Jt I ~\'J1l1J. iW-". 1 \ bF ~./ ' . - /~j- / / j I 1'iffiJ!. rT 17' 'I '.: ",ce, ,,~-3Y ~Jo';#..V' /j' ) Eirnf'r [0 W ; r ;:;r-t. '''.:J " , -","C \.~~~: / / 0). ~~:ttro\ .to}1~'Cj':;""'''\' ,11 ',~ . \' . ~ #:,~;f'1 , :, ,'" , ' l _ ' ,., ,"'~' "iJ;:%S , 'J~'" "a' ' ,.e,' == " ,-,,' .. ~ ....., , ' .'" ~., rd'-Ill' \( ,,"'EZ -~ 3 k -' <Co "". -~'':;,...,- a ;,1 ~.",' '\ \, ~:. ' ~ I-- ' . ,:t-'.::n-.t ? ~:'<<)/,~'~ '~, r "r~' ' ' ,C< """'~ %-';':' __ : '" \..,~ __ "\;';1';"<". ' lID I",,:., .' ",v,... ~-:.. LJ~ _ '.'" ,.,.. .~, ' 0 ' ,. " , .... "" <'C, ,'" "'C'...' ,'" "" ' , " , " ' '- "'" _---l~ ~ r ~ f::\\ ,P=-\-\ \ ' , _~'" ,,~' " :._....'" .. ,C\" - : =::} c-:--..- .:;;;; , '.1, " -" '= -:- ~ _ \ ! G .., n .;::IlTT--- ~., \ " ' \ \ . ,.L-' , ~'-~~~~,l' "".'i?,,~l.J' '-\2 .''''''r.~';; .'-- "'."~,'-.P'.'" -=-\i.-- ".~ -:..~"~\\' \. ,'\.,; . .... L.. ,._' ~ ,_/1 \ ,-.-:JS-- ~ -m, , , . " '.~, F" W r- \ - . ~ \ . , , ,D ._ ... " . ~. . \\-, - .\.---- ,__---7 ',' ,... -, .-... .... . " \\ \ '", - " ,......,\ we> ._...._ 1-... .. " .,'~. :-.' ,~ .. ~ ,; t:y _, 'c"'" l'C"--~\' I," ~'} . ,,' 1-..." Jc._..~Ai,lr.,=-.j' y c-~ ~;t.o.~O~'\.- ~ ' '!f~'" ,,~:: ,'T t;3f"=jf ~ \ J r\..o~ ' r.' ~ -.., -,=,,~-'~ -, ,...J ",c , .~ '_""S' ~ C\ ~,,'- -=;;110 ,.:uLlHJtri '--~-~- 0 i -- , - ,/- \l,,' ",\,,,' C j 'C ,~~f' ".- .". .....--==-=, p-:::: , ,:.= .\ ~.' ,,"=: ,_ _ .._ 'r-;;' ~'=' ...~-r- -==-- _' "C ....~ .. ~.._., - . ~"- -- .--'" . ~ ~ \ . t:: --..-"i'- ~ --,-~- =- --~ - ~-'~- - " ".-' , ...-" ,. I> _," ._\-,0------,.,...... -...... .., _, _ I' =.",.......--;- -~,' - --'" . --' -- ----- ' .rt:' -. I ~ \ 'z.-.....-' 0 ~ /8 MILSSI ~ ~-'I .\ \ \ II " ~ r:::.'C \ \ \ \ \ '_ ' _ _ ~.. i ,- '0 400 600 FSS' " ' , . , ,,' "" ' .~-------_.,.--- _\~~f- \ II .\ \, \ ::. 9-~'- ...:. d,r . J' . , ' - -= - '- -::: ---=.~';:. ----- . --- -" -.---. -.." .-----.....- -- EXHIBIT "B" '1 .' ;'~~4;' ., I 11'-' II ~ i Ib! IU--~ ! I' _0__, -II ,_ I ~ I ! - -- Ii I' " , ' Ii n' l I!: I" . I --. - Ili" . ., . j= I I ., r " . ;/ Ii i~ ill !t -, ~r.t~h . If n ., . III ~t, 11 iic ,!ql ,I Hl. ~fl: " ~U; .! ; ~ i t t.,! .1- lito ..I .11' 11r! 'W". ;: ii ! ~.. ! eH,i ,: ..:,;'., ":.; i.! i =Si1 ; ~:~ :&_.. e'. .,..... ~o!'IJI'!'~;.. ....II. :trt.!tt rrti' !~m~~ m3 -<< - ..!!=- l:h)J I i-filii HI, _ lJ1J!H H!'] t-J-l'~ ,Ill', II: ..!iJiJl i~'lli ._ C J.:_.1 ~H j; I! .i:'i ..H._ ~ :i Pi ", .' I. !:l fa': ~ If! ~ _:t j . ~ I , . I ! Lj 1,"J "'1 .." Hfi;j _:-1... ~WW ~ !.~:n __ ;'fa ;-- .. ~ i if ;.~ . , g ~ - i] ~! . s " ili . . ~ ~. ~ ~ --.- ~-_..- ... _' (____..r.::.:. .. .- ,-". :..,.- - ..... .~_._. . -- . I:' ! I~ 'Q I~ 10: ,... \ itS :~. ! ~ t ., ~ I ~ 'I: . ~ \: i ~ ! I',! I" 1 ! i ~ f: ~ 11 l: . , - ~';' SS3~9Na;-- 1"/ , '~~'."~..'-:"<t~.;".< _ ._._ IT j If' I. 'il Ii i";l I ,I I!ll i'l Ii i 1 11 , I' ; I 11.1 ! ' rHi l ~ l i I ~ i 1 , i .. I rt~! ! . II ,II; I I r 'I J" lllililLiH1j 'II" .alil' .lW1ilj"' I\H'liP,i' llt1i1i'H1i ~ I ll..lhlh. ,; . .. . .~ ~ ~ . , I ~ , ; EXHIBIT "C" OJ DEVELOPMENT ORDER CITy OF BOYNTON BEACH, FLORIDA PROJECT NAME: Alhambra Square North APPLICANT: Norman J, Michael APPLICANTS AGENT: Malek and Associates APPLICANTS ADDRESS: 253 NE 2nd Avenue, Delray Beach, Florida 33444 DATE OF HEARING BEFORE CITY COMMISSION: August 26,1997 TYPE OF RELIEF SOUGHT: New Site Plan (Walgreen's and medical office) lOCATION OF PROPERTY: Northeast comer of Congress Avenue and S,W. 23'd Avenue (Golf Road) DRAWING(S): SEE EXHIBIT"N 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 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 _ 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 ofthis order, 7. Other DATED: City Clerk J:ISHROA TAIPlanningISHAREOIWPIPROJECTS\Brown\COPAIDEVELOPMENT OROER.doc EXHIBIT "B" Conditions of Aooroval Project name: Alhambra Square North File number: NWSP 97-014 Reference: The olans consist of 10 sheets identified as 2nd Review. New Site Plan, File # NWSP 97-014 with a Julv 22. 1997 Planning and Zoning Deoartment date stamo marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: l. Palm trees will be the only tree species allowed within utilities easements, Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future, (Sec, 7.5-18,1) 2, Department of Health pennits will be required for the water and sewer systems serving this project, (Sec, 26- 12) 3, Fire flow calculations will be required demonstrating the city code requirement of 1500 g,p,m, (LDR Chap, 6, Art, , Sec, 16), or the requirement imposed by insurance underwriters, whichever is greater, (Sec, 26-I6(a)), 4, A capacity reservation fee will be due for this project upon the Utilities Department request for signature on the Health Department application fonns or within 30 days of site plan approval. This fee will be detennined based upon final meter size, (Sec, 26-34(E)) 5, City water may not be used for irrigation where other sources are readily available, (Cornp Plan policy 3C,3.4) Indicate on the site plan the location of the water well to be used for irrigation, FIRE Comments: None POLICE Comments: 6. Depict handicap pavement markings in accordance with code. 7, Provide on the site plan pavement markings indicating the direction of the intended travel through the drive through, 8, It is recommended that strict attention be paid to D,O,T, guidelines in Page 2 Alhambra North File No, NWSP 97-014 DEPARTMENTS INCLUDE REJECT reference to line of sight for the ingress and egress on both roadways, ENGINEERING DIVISION Comments: 9, Replace egress arrows exiting onto S,W, 23rd Avenue with right and left turn arrowS [Chapter 4, Section 7,B.2,] 10, Add stop bar and stop sign at the southbound center driving lane between Building A and Building B at the southernmost end of the traffic divider (this will allow for northbound traffic to crossover and enter the drive thru), [Chapter 4, Section 7,8.2,] II. Remove yellow cross hatch median located between the two buildings and replace it with concrete curb to separate driving lanes from drive thru lanes [Chapter 4, Section 7,8.2,] \2, Provide signage and striping at northeast comer of Building A to prevent traffic from entering the drive through from the wrong direction, [Chapter 4, Section 7,8.2,] \3, All plans submitted for specific penn its shall meet the city's code requirements at time of application, These penn its include, but are not limited to the following; site lighting, paving, drainage, curbing, landscaping, irrigation and traffic control devices, Penn its required from agencies such as FDOT, PBC, SFWMD, DEP, LWDD and any other pennitting agency shall be included with the penn it request, 14, Entrance to S,W, 23rd Avenue is 39 feet wide which is greater than the maximum allowable of 32 feet. Reduce the width of the entrance driveway by 7 feet or obtain approval from the Director of Development for the 39 foot wide driveway, [Chapter 23, Article II,H, I.] 15, Show six ittch thick concrete sidewalks thru both driveways, [Chapter 23, Article II, Section P,] 16. Provide location and details for fire lanes. [Chapter 23, Article ILM,] 17, Remove both stop bars/signs for southbound traffic along the eastern parking area and the one for westbound traffic at the southwest comer of the site for efficient traffic flow, 18, At the driveway on Congress A venue change the straight-thru arrow to a right turn arrow and install a one way arrow sign in the median, Page 3 Alhambra North File No, NWSP 97-014 19, Revise dumpster plan view eliminating block wall in the front to provide a clear, unobstructed opening of at least twenty feet. 20. At both egress driveways add dual 6 foot solid, yellow stripes 25 feet back from the stop bars to delineate traffic lanes, BUILDING DIVISION Comments: 21. On the site plan place a note indicating that the required handicapped 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 4,1.2III (I) thru (4), Where applicable, specify with notes on the plan the location of the required curb cut ramps and built up ramps. 22, Where applicable, provide the following information on the Paving and Drainage Plan: a) Show the location of the handicapped accessible curb cut ramp(s) and built up ramps, b) Provide a detail drawing of the built up ramps, 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 in the Florida Accessibility Code for Building Construction, Section 4,1.2I1I (I) thru (4), 23, Based on the detail drawings submitted for the free-standing site sign found on sheet A5,1, omit Note Number 2 found on the site plan drawings. 24, The 173,851 I square foot proposed free-standing sign shown on the site plan and illustrated on sheet A5.! exceeds the 64 square foot maximum sign area allowed by the sign code, Amend the drawings to show the sign area in compliance with the regulations of the sign code, [Chapter 21 - Sign Code, Article IV, Section 2] 25, The 25 foot tall proposed free-standing sign shown on sheet A5, I exceeds the 20 foot maximum sign height, Reduce the height of the sign to comply with the regulations of the sign code, [Chapter 21 - Sign Code, Article IV, Section 2] Page 4 Alhambra North File No, NWSP 97-014 26, Amend all plan view drawings of the site to show the location of the site sign meeting the minimum setback dimensions of ten feet identified in the sign code, [Chapter 21 - Sign Code, Article III, Section 5] 27, The dimensions of the building signage (west building) illustrated on sheet A2,I indicate the 635 (plus) square feet of proposed sign area exceeds the 154.5 square feet of maximum sign area allowed by the sign code, Amend the drawings to depict the total sign area in compliance with the regulations of the sign code, [Chapter 21 - Sign Code, Article IV, Section 2] 28, All signs that are shown erected upon a parapet wall that extends above the roof line are prohibited signs, Therefore, to show compliance with the sign code all proposed signs that are shown above the roof line shall be removed or relocated below the roof line, [Chapter 21 - Sign Code, Article n, Section 3 and Chapter I - General Provisions, Article n, definition of Roof Sign] 29, At time of site plan review building signage is required to be submitted and reviewed for compliance with the applicable codes, Because the applicant did not provide detail drawings of the signage proposed for the east building, the applicant shall place a note on the elevation view drawing of the east building indicating that no building signage will be installed on the building or provide a note stating that a subsequent site plan approval is required for building signage, 30, Permit plans for the proposed project shall comply with the applicable Building, Energy and Accessibility Code. [Chapter 20 - Building, Housing and Construction Regulations] PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: 31. With the permit set of drawings provide a clause on the survey stating that the property was abstracted for all easements, right-of-ways and utility lines, as required by LDR, Chapter 4, Section 7,A. Page 5 Alhambra North File No, NWSP 97-014 32, Provide a statement on the site plan that no part of the subject site will be sold, detached or otherwise separated from the original tract of land without the City of Boynton Beach approval of a subdivision plat. 33, Provide lighting details showing shields diverting light from the residential properties located to the north and to the east of the site. 34, Proposed buffer wall shall be set back, at minimum, a distance of 2 feet from the northern and eastern property lines, as required by the LDR, Chapter 2, Section 4,L, Relocate the buffer wall at a minimum of 2 feet into the property and dimension the setback required, 35, On the site plan show traffic control markings within the vehicular system of the development, including drive-thru lanes, as required by LDR, Chapter 4, Section 7,B.2, 36, Show on the site plan and dimension all required and proposed setbacks of all structures as required by LDR, Chapter 4, Section 7,B, I, 37, Submit drawings showing color elevations of both proposed buildings as required by LDR, Chapter 4, Section 7,D,2, Since these were not submitted for staff review, a future site plan modification and/or appeal may be required if the drawings do not comply with the Community Design Plan, 38, Submit a presentation board containing samples of all major exterior building materials as required by LDR, Chapter 4, Section 7,D, 1. 39, On the elevation drawings for the medical office building depict color codes and manufacturer's names of all exterior finishes, as required by LDR, Chapter 4, Section 7,D,1. 40, On the landscape plan, indicate all existing and proposed easements to avoid potential conflicts with the utility lines and proposed structures, 41. Eliminate the discrepancy between the proposed height of the Walgreen's building as depicted on the site plan and elevations. 42, Provide Leisureville Homeowners Association approval of the proposed buffer wall, as warranted by the Settlement and Stipulated Agreement. 43, Comply with the comments from Palm Beach County regarding access which include moving the driveway onto Golf Road east against the property line or constructing a median from the Golf RoadIW oolbright intersection east to the turn lane, Page 6 Alhambra North File No, NWSP 97-014 44, For consistency, eliminate discrepancies between elevations, floor plan and site plan depiction of both buildings, 45, Provide color elevations of the proposed signs, 46, Any roof top equipment shall be screened from view at a distance of 600 feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with eye level from a distance of 600 hundred feet from the building (LDR, Chapter 9, Section I l.E), 47, The proposed 13,905 square foot drugstore with drive-thru is not a permitted use in the C-l zoning district. No permits will be issued until an application to rezone the property from C-l to C-2, a small scale land use amendment and an amended stipulated agreement are approved by the City Commission and DCA. 48, Lake Worth Drainage District requires that a drainage permit be issued for the proposed on-site drainage, Provide L.W,D,D, permit prior to building permit issuance, ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 49, Request denied, X ADDITIONAL CITY COMMISSION CONDITIONS 50, To be determined, TJH:dim J :\SHRDA T AIPLANNINGlSHAREDI WPlPROJECTSIALHAMBRA NORTH\NWSPlCOND, OF APPROV AL-II-4 CC,DOC ,...I,,1G, U,j, MILNL,,~ CORPORATION BUILDERS a lAND DevELOPERS 3475 WOOLBRIGHT ROAD. BOYNTON BEACH. FLORIDA 33436 PHONE 561/733-43$3 . FAX 561 n33-7875 TELEFAX TRANSMISSION DATE: Octobe< 21, 1997 TO: Ms. Sue Kruse. City Clerk. City o(Boynton Bead> FAX NUMBER: 375-6090 FROM: Norman J Michael NUMJlt:l\ OF !'AGES,INCLUDING COVEa Sm:ET: 1 If YOU HAVE ,fillY PROBLEMS wrrn nus TRANSMISSION OR DO NOT RECEIVE ALL OF THE PAGES. PLEASE CONTACT DEBBIE HOTCHKlSS AT 56\1733-4353 THANK YOU MESSAGE: . Dear Ms Kruse The Alhamb", Square North project i. ochodulod (or the C~y Commiuion moetill8 on Novembel' 4, 1997 This lottei' is . l'CC\ueat to COtltUtuc the hearing until December 2, 1997, W c appreciatc your confirmatioo that the matter bas been continued until that date at your earliest convenience. am regard.. h . 10/28/97 - MR. NORMAN MICHAEL: YOUR ABOVE REQUEST WILL BE DISTRIBUTED TO THE CITY COMMISSION MEMBERS AT THE MEETING ON NOVEMBER 4. 1997. THE CITY COMMISSION WILL MAKE THE DECISION WHETHER TO HONOR YOUR REQUEST. -_.~~ ......,,,... RUDNICK & WOLFE James Cherof City Attorney City of Boynton Beach October 29, 1997 Page 2 Thank you for your cooperation, In the interest of our client, please let us know if this matter will be continued, Cordially yours. (1 \ CAR/sip CAH64 757 cc: Mr, Alan Bumberg