CORRESPONDENCE
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~f, Michael
From:
Sent:
To:
Subject:
Rumpf, Michael
Friday, September 27,20029:27 AM
Johnson, Don; Byrne, Nancy
FW: Bethesda comments on rezoning ordinance
Just FYI, despite my comments, I believe the rezoning ordinance will go forward with language granting the Building
Department with responsibility determining appropriateness for using 4th Street for parking lot construction tasks. MR
-----Original Messagen~h
From: Rumpf, Michael
Sent: Thursday, September 26, 20029:52 AM
To: Cheraf, James
Cc: Lamanna, Rosemarie; Byrne, Nancy
Subject: Bethesda comments on rezoning ordinance
Jim, I have reviewed the letter from Bethesda dated September 19th wherein they state the following:
1) the need more flexibility regarding access through SW 4th Street;
2) that the Building Division will be able to make exceptions to the limitations; and
3) the property owners will be coordinated with during the site plan process.
My recommendation is that the specific language needed to allow Bethesda the minimum access necessary for the
project be added to the ordinance so the Commission is aware of the needs and is responsible for approving the
wording. I think I can speak for the Department when I say that the Building Division should not be left to determine the
appropriate level of use of 4th Street.
Mike
1
DATE
9/13/02
9/26/02
9/26/02
REQUESTS AND COMMENTS ON DRAFT
BETHESDA REZONING ORDINANCE 02-053
FROM
Tim
Monaghan,
Esq.-Atty for
Bethesda
Mike Rumpf
Tim
Monaghan
COMMENT/REQUEST
Add language to allow for limited
access from SW 4th to accommodate
unsafe conditions such as power lines.
Suggested language:
OUTCOME
Requested
language added to
ordinance Sec 2 c.
.~
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Forwarded to staff
That during construction on the for review
property, neither the applicant, or its
agents or assigns, will use S. W. 4th
Street for ingress or egress, except for
minimum use to complete the
landscaping and improvements to the
berm/pathway area. In response to a
request by the contractor for the
project, the Building Department may
approve exceptions to this condition, as
necessary to accommodate specific
situations during the construction
process where it is determined to be
unsafe or unreasonable to require
access from the east side of the
property. Any such request and
approval shall seek to avoid or
minimize any disruption to the adjacent
residential neighborhood.
Language requested by Monaghan
should be reviewed by Commission.
Exceptions, if any, should not be
reviewed solely by the Building
Denartment.
Request for new language:
Sec. 2 f- Applicant agrees to repair, at
its expense, any damage sustained by
adjacent properties which is caused by
its contractors, or its other agents or its
employees, during the course of
construction.
Review
Commission
ftrst reading
Ordinance.
Review
Commission
ftrst reading
Ordinance.
with
at
of
with
at
of
9/30/02 Quinus Green Language requested by Monaghan puts Review with
City and staff in untenable position. Commission at
first reading of
Ordinance.
Commission action:
~f. Michael
From:
Sent:
To:
Cc:
Subject:
Lamanna, Rosemarie
Monday, September 30, 2002 9:45 AM
'Timothy Monaghan'
Cherof, James; Rumpf, Michael
RE: FW: Bethesda comments on rezoning ordinance
~
Rev 092502
ezoning - Bethesda.
The Ordinance which was submitted to the Commission for the agenda package
will not be altered further prior to first reading. All comments and suggestions
regarding further amendments will be submitted to the Commission and, if any, can be
made by the Commission First or Second Reading.
I am attaching a copy of the last revised Ordinance, which is in the agenda package.
---Original Message-----
From: Timothy Monaghan [mailto:tem@smclawfirm.com]
Sent, Thursday, September 26, 2002 3,59 PM
To: Lamanna, Rosemarie
Cc: Robert.Taylor@BethesdaHealthcare.com
Subject: Re: FW: Bethesda comments on rezoning ordinance
Rosemarie, The Hospital has asked me to submit the following language for the city!s
consideration for inclusion into the ordinance. This would be a new condition f. under
Section 2 of the ordinance:
f. Applicant agrees to repair, at its expense, any damage sustained by adjacent
properties, which is caused by its contractor, or its other agents or its employees,
during the course of the project.
By the way, I have spoken to Mike Rumpf and I understand that he is preparing substitute
language for the exception language in 2.c. which would permit limited use of 4th Street
where required by site conditions. I will be out for surgery tomorrow but will be
checking my e-mail over the weekend. Please forward any revised ordinance as soon as
available. Please forward same also to Robert.Taylor@Bethesdahealthcare.com
Thank you very much for your assistance, Tim Monaghan
>>> "Lamanna, Rosemarie]] <LamannaR@ci.boynton-beach.fl.us> 09/26/02 11:29AM >>>
Comments from our Planning Director.
> -----Original Message-----
> From: Rumpf, Michael
> Sent, Thursday, September 26, 2002 9,52 AM
> To: Cherof, James
> Cc: Lamanna, Rosemarie; Byrne, Nancy
> Subject: Bethesda comments on rezoning ordinance
>
> Jim, I have reviewed the letter from Bethesda dated September 19th wherein
> they state the following'
>
> 1) the need more flexibility regarding access through SW 4th Street;
> 2) that the Building Division will be able to make exceptions to the
> limitations; and
> 3) the property owners will be coordinated with during the site plan
1
> process.
>
> My recommendation is that the specific language needed to allow Bethesda
> the minimum access necessary for the project be added to the ordinance so
> the Commission is aware of the needs and is responsible for approving the
> wording. I think I can speak for the Department when I say that the
> Building Division should not be left to determine the appropriate level of
> use of 4th Street.
>
> Mike
>
2
ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
BETHESDA MEMORIAL HOSPITAL;
AMENDING ORDINANCE 02-013 OF SAID
CITY BY REZONING A CERTAIN TRACT
OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM R-1-AA
(SINGLE FAMILY RESIDENTIAL) TO PU
(PUBLIC USAGE); PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No, 02-013, in which a Revised Zoning Map was adopted for said
City; and
WHEREAS, Bethesda Memorial Hospital, as owner of the property more
particularly described hereinafter, has heretofore filed a Petition, through their agent,
James Gentile/Kilday and Associates, Inc., pursuant to Section 9 of Appendix A-
Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose
of rezoning a certain tract of land consisting of:!: 1.43 acres, said land being more
particularly described hereinafter, from R-1-AA (Single Family Residential) to PU
(Public Usage), subject to conditions regarding future expansions and access from
SW 4th Street, and the reversion to existing zoning; and
WHEREAS, the City Commission conducted a public hearing on August 20,
2002, and heard testimony and received evidence which the Commission finds
supports a rezoning for the property hereinafter described; and
C:\Documents and Settings\rumpfm\Local SettingS\Temporary Internet Files\OLK7\Rev 092502
Rezoning - Bethesda - 1.43 acres.doc
WHEREAS, during the public hearing the applicant for the Rezoning made
material representations which were considered and were relied on by the City
Commission in reaching its conclusions regarding the appropriateness of the proposed
rezoning. The material representations made by applicant are set forth in the minutes
ofthe City Commission meetinglPublic Hearing conducted August 20th, 2002.
WHEREAS, the City Commission finds that the proposed rezoning IS
consistent with an amendment to the Land Use which was contemporaneously
considered and approved at the public hearing heretofore referenced; and
WHEREAS, the City Commission deems it in the best interests of the
inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter
set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing Whereas clauses are true and correct and
incorporated herein by this reference.
Section 2.
The City Commission based upon the representations and
consent of the applicant in public hearing, imposes the following conditions to the
rezonmg:
a. That the applicant apply for a building permit on or before August 20,
2004;
b. That if applicant fails to apply for a building permit on or before
August 20, 2004, zoning on the property will revert to R-l-AA;
c. That during construction on the property, neither the applicant, or its
agents or assigns, will use S.W. 4th Street for ingress or egress, except
C:\Documents and Settings\rumpfm\Local SettingS\Temporary Internet Files\OLK7\Rev 092502
Rezoning - Bethesda 1 43 acres.doc
for minimum use to complete the landscaping and improvements to
the berm/pathway area. In response to a request by th~ c()ntractor for
. the rrojechthe Building Dep<llimentl11!ly..approve exceptions to this
condition, as necessary to accommodate specific.situations during the
construction process where it is determined to be unsafe or
unreasonable to require access from the east side of the property. Any
such request and approval shall seek to avoid or mmlmlze any
disruption to the adjacent residential neighborhood.
d, There will be no ingress or egress to the property from S.W. 4th Street,
following construction of the proposed parking lot; and
e. The applicant's Board of Directors/Trustees will adopt a Resolution
expressing its EQP1mitm"llt opt to acquire additional property to the
r; ;><5 vtf /
west or n~rty which is the subject of this rezoning, for
further expansion of the hospital, support facilities or parking area..
Failure of applicant to comply with the foregoing conditions, whether construed as
conditions precedent or conditions subsequent, shall constitute grounds for
reconsideration or rescission of the approval of petitioners application for rezoning.
Section 3.
The following described land, located in the City of Boynton
Beach, Florida as set forth as follows:
Lots 1 through 8, inclusive. Block I, Seacrest Hills,
according to the Plat thereof as recorded in Plat Book
25, Page 74, Public Records of Palm Beach County,
Florida.
Containing approximately:!: 1.43 acres ofland.
,
be and the same is hereby rezoned from R-l-AA (Single Family Residential) to PU (Public
C:\Documents and Settings\rumpfm\Local Settings\Temporary Internet Files\OLK7\Rev 092502
Rezoning Bethesda 1.43 acres.doc
Usage) A location map IS attached hereto as Exhibit "A" and made a part of this
Ordinance by reference.
Section 4: That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 5: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6: 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 7. This ordinance shall become effective immediately upon passage.
FIRST READING this _ day of
,2002.
SECOND, FINAL READING and PASSAGE this day of
,2002.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(Corporate Seal)
C:\Documents and Settings\rumpfm\Local Settings\Ternporary Internet Files\OLK7\Rev 092502
Rezoning Bethesda - 1.43 acres.doc
08/28/2002 16:56
5617426011
PAGE 01
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Bethesda MCDlorial Hospital
August 27, 2002
Mr. Kurt Bn:ssner
City Manager
The City of Boynton Beach
100 E. Boynton Bach Blvd.
Boynton Beach, FL 33425
Dear Kurt:
I would like to request that the following three Bethesda items scheduled for an Ordinance First
Reading next Tuesday, Sept. 3'" at the City Commission meeting be delayed until at least their
Sept. 17't> meeting.
These three items are:
1) Bethesda Physician Parking (LUAR 02.004)
2) Bethesda Rezoning (REZN 02-004)
3) Bethesda Physician Parking (NWSP 02-011)
The Hospital is making this request for the attorneys for the City and Hospital have not been able
to have any communication to date on this issue. A postponement will provide enough time to
ensure that the wording of the conditions to be included in the Ordinance are complete and meet
both parties' expectations.
Thank you in advance for your consideration to this request. If you have any questions, please
don't hesitate to eontact me.
Sincerely, .
~/1iIJ
Robert B. Hill
President & CEO
RECEIVED
AlJG 2 8 2002
CfJY MANAGER'S OFFICE
2815 South Seacrest Boulevard' Boynton Beach, Florida 33435' (561) 737.7733
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Date:
To:
Fax:
Project No.:
Pages :
Commen18 :
From the desk of..
Jamie A. Gentile
Kll...DA Y & ASSOCIATES, lC\'c.
1551 FORUM PLACE, SLTIE lOOA
WEST P;\LV! BEACH, FL 33401
jamie@kiJdayinc,com
www.kildayinc.com
(561)689-5522
Fax: (561)689-2592
'.v, 25:
"
08/19/02
Dick Hudson, Senior Planner
Kurt Bressner, City Manager
Quintus Green, Director of Development
Robert Hill, Bethesda Memorial Hospital
Timothy E. Monaghan, Esq.
742.6259
561-278-9462
742-6011
742-6089
737-4534
352.18 Bethesda
6 including cover sheet
Attached is a memo regarding Bethesda Physician's
Parking (LUAR 02-(04). If you ha\'e any questions
please contact me at (561).689.5522
Jamie
~20m
Jog.fax
Kilday & Associates
Landscape Architects / Plal)ners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522' Fax (561) 689-2592
E-Mail: info@kildayinc.com
MEMORANDUM
Date:
August 19,2002
To:
Dick Hudson
City Planner
From:
Kieran Kilday
Re:
Bethesda Memorial Hospital Physician Parking Expansion (LUAR 02-004)
Our File No.: 352.18
Because the Boynton Beach Land Development Code requires that land use amendments
and rezonings be subject to eight criteria listed in Article 2 Section 9 Administration and
Enforcement Item C, I felt it important that we address each of those items in greater detail
as an ajdendum to the initial justification statement which addresses these issues in
response to the staff analysis contained in your memo of July 15, 2002. These criteria are:
A. Whether the proposed land use amendment would be consistent with the
applicable comprehensive plan policies.
Policy 1.16.1 references institutional uses in two areas. First: within the definition of Low
Density Residential the statement is made, "Public, educational, and institutional uses
located within the zoning districts may be placed in the Public and Private Governmental /
Institutional land use category...". This statement is a reflection that many public,
governmental and institutional uses have been routinely located in or adjacent to
residential areas. In such cases, the Public and Private Governmental / Institutional land
use category will be placed upon these properties despite the fact that they may be
surrounded by residential uses and in fact may actually be zoned residential as well. There
is a clear recognition that these type of uses often coexist with surrounding residential
areas.
The second reference is merely the definition of Public and Private Governmental /
Institutional land use which specifically lists hospitals and other health care services and
agencies as a permitted use. There are no other references within the Comprehensive
Plan to this land use so, therefore, this proposed amendment must be judged to be
consistent with the applicable comprehensive plan polices.
In addition, the Future Land Use Element Support Documents Page 44 states, "that
additional acreage will be added to the category Public and Private Governmental /
Institutional Land (PPGI), if additional government or institutional uses are established in
the City, beyond those which can be anticipated at the present time. It is not possible,
however, to estimate the acreage requirements for these uses, until such time as these
uses actually become established."
Mr. Dick Hudson
August 19, 2002
Page 2
Undoubtedly, the increased demand on the hospital could not have been predicted in 1959
when the hospital was established. The Future Land Use Support Documents further
substantiate that point.
However, the staff report goes further to apply Commercial and Industrial land use criteria
from the comprehensive plan to this use despite the fact that there is no technical basis for
such an application. Specifically, the report references Policies 1.17.3 and 1.17.4. These
policies require buffer walls and vegetative screening between industrial and residential
uses, wherever practical. It should be noted that despite the fact that this policy does not
apply to Public and Private Governmental I Institutional uses, the plan submitted by
Bethesda Hospital provides both buffer walls and solid vegetative screening between the
proposed parking area and adjacent residential properties. So even in the event these
policies are applied to the hospital site, the plans submitted for the site meet these policies.
Lastly, the staff report discussion of this issue notes incompatibilities quoting from the
original justification statement with regard to the mechanical equipment currently existing
on the hospital property in the service court area. It should be noted that the
comprehensive plan amendment does not propose to place any mechanical equipment on
the expanded area. In meetings with the neighboring property owners the issues of
incompatibilities on the existing hospital property concerned primarily sound from air
conditioner coolant fans, the incinerator blower, dumpster pickup, and delivery of supplies.
In those discussions, there was never an issue as it related to the existing doctor parking
which takes place in that same area. The purpose of the compatibility statement contained
in the original justification statement was to show how the expanded area of the application
could effectively seal off existing incompatibilities which are not a subject of this application
and create a better condition utilizing the property abutting the residential neighborhood to
the west (including buffer walls and vegetation).
B. Whether the proposed amendment / rezoning would be contrary to the
established land use pattern, or would create an Isolated district unrelated to
adjacent and nearby districts.
Clearly, the land use amendment does not create and isolated district. The proposed
amendment is to designate the additional lots with the same land use designation as the
rest of the adjacent hospital property. There is currently an interface between the
hospital's land use and the residential land use along the entire west property line. Of the
eight lots included in this application, five of the lots have been owned by the hospital for
over 30 years. These lots were purchased by the hospital in the 1960's with a knowledge
that additional growth of healthcare may require their future utilization. A sixth lot adjacent
to the original five lots was purchased approximately one year ago, Prior to filing this
application, a meeting was held inviting the property owners along SW 4th Street to explain
the hospital's plans. Following that meeting, two adjacent property owners approached
the hospital with an offer to sell their properties to the hospital. The hospital has entered
H:Clientsl352.181Correspondence/HudsonOB1902
Mr. Dick Hudson
August 19, 2002
Page 3
into a contract to include these properties in its addition. These later two lots directly abut
the service loading area of the hospital. Inclusion of these lots with the original lots made
sense in the hospital's effort to buffer its most intensive service activities "which already
exist" from nearby residents. With the additional walls and landscape screening as
recommended in the comprehensive plan, the public welfare of the immediate
neighborhood will be protected.
C. Will a change in conditions make the proposed rezoning desirable?
As previously stated the hospital was established in 1959. Needless to say there has been
an explosion of growth in the Boynton Beach area over these past 40 years. The hospital
has expanded and grown in order to service the Boynton Beach community. The service
area, which includes the doctor parking area, has been located in this area of the hospital
since its inception. All of the doctor ancillary services are directly accessed from this
service area in the basement of the building. Beyond the doctor entrance doors are the
medical offices, medical library, medical records and places for appropriate signing in and
out of the hospital. With the growth of the hospital, the number of doctors utilizing the
hospital has increased significantly. There is a current identified need for providing
additional doctor spaces. Location of these spaces has never been an issue of discussion
in previous parking analysis as parking for doctors needs to be located to properly access
the internal circulation and records of the hospital. The service area is an isolated area
separated from the rest of the hospital parking. While there may be a need to provide
additional parking accommodations for the public and other hospital employees, that
accommodation will not be located in this area and the physician parking cannot be located
properly or efficiency elsewhere on the site.
D. Will the proposed use be compatible with utility systems, roadways and other
public facilities?
The staff report properly indicates, as does the Site Plan, that there will be not access
between the hospital and SW 4th Street from this parking area. Therefore, there will be not
impacts from this proposed parking area on the neighboring street system. Staff did not
find any problems with this application meeting this standard.
E. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties.
As previously stated, the proposed use is merely an expansion of an existing use which
has been located on this spot since 1959. The design of the proposed use and the
limitation of the use to parking protects neighboring residential properties. In fact there are
many areas throughout the city of Boynton Beach where parking is located adjacent to
residential areas, With proper landscaping and buffering the parking has no negative
affect on the adjacent residential property. As part of the presentation to the Planning and
Development Board, a Property Sales Analysis was provided showing no negligible
H:Clients/352.1 81Correspondence!Hudson081 902
Mr. Dick Hudson
August 19, 2002
Page 4
difference in property values between properties abutting parking facilities and properties
abutting other residential uses. It should be noted that the study did show a distinct
valuation drop on those few lots directly abutting the service court of the hospital, a
reflection of the intensive activities which take place in that area. The properties which will
be included in this parking expansion provide a clear and defined buffer between the
service area and the adjacent residential properties.
With respect to the comment in the staff report, staff and the applicant agree that there are
existing compatibility issues within the service court of the hospital. However, The
applicant has never agreed that the expanded parking area would be an incompatibility
with the adjacent residential area, In fact, it is the belief of the applicant that properly
landscaped and buffered parking will provide an acoustic barrier between the current
activities within the service area and the residential neighborhood beyond, a condition
which does not currently exist.
F. Whether the property is physically and economically developable under the
existing zoning.
While the property is physically able to be developed under the current zoning, there is a
question as to its economic viability. As previously stated, analysis of property sales in the
area have shown that these particular lots abutting the service court have been depressed
as compared to the surrounding neighborhood, Any attempt to develop new homes on the
vacant sites from a practical standpoint need to recognize the difficulties of marketing
these properties with the intensity of activities taking place within the hospital service court
directly adjacent to them. It was for this reason two property owners approached the
hospital to include their properties in the expansion area. If the interest is to maintain and
enhance the value of the surrounding community, appropriate utilization of these properties
for landscape buffering and screening would better accommodate the stability of the
neighborhood rather than attempting to build new homes on property that has already
reflected depressed values in previous resales.
G. Whether the proposed amendment / rezoning Is of a scale which is reasonably
related to the needs of the neighborhood and the city as a whole.
As previously stated, the Site Plan specifically sets back the parking area 30 ft. from SW
4th Street. By setting back the parking and proposing to enclose it in a structure, any
parking and or building area is recessed to the same set backs as the single family homes
located on both sides of the street. The west 30 ft. of the lot has been restricted for use as
a landscape buffer. This section of the neighborhood does not have existing sidewalks.
The proposed plan incorporates a sidewalk / pedestrian path area along the entire frontage
of tthis property tying into the sidewalk located immediately north of the site. The hospital
has agreed to restrict the use of this property to the ongrade parking and to further restrict
the use of the west 30 ft. to landscaping and pedestrian uses as part of this application.
Therefore, the use of this site will be harmonious with the surrounding neighborhood and of
H:Clients/352.181Correspondence!Hudson081902
.
Mr. Dick Hudson
August 19, 2002
Page 5
appropriate scale.
H. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
As previously indicated, the hospital has been located on this property since 1959. The
hospital has grown in accordance with the needs of the community. The relationship ofthe
physician parking to the physician activities which take place inside the hospital accessed
immediately off the service court has been a continuing operation through all these years.
The hospital purchased five of the eight lots over 30 years ago knowing that some
expansion of this area may need to take place at some time. There is no other adequate
area in the hospital to provide physician parking in proper relationship to the internal
hospital services.
Convenience of physician parking is of critical concern to the hospital in allowing a
physician to arrive at the hospital, pick up records and service patients in a timely manner.
This issue becomes extremely critical when there is an emergency situation. The intent of
this application is to provide the assurance that a doctor arriving at the hospital can park
easily and close to the records they need in order to serve patients promptly.
Summary
It is the belief of the applicant that all eight criteria listed in the Land Development Code
have been met in this application. The design and limitation of the use on this property to
parking and the design of the parking to provide appropriate barriers and buffer allows for
the use to occur in the place its needed without adversely affecting the surrounding
neighborhood. The hospital has met with the neighborhood three times in an effort to
accommodate the needs of the hospital while at the same time providing safeguards to the
residents in its design. The hospital in committed to continue meeting with the
neighborhood to assure that the design of the facility has no negative effect upon it.
Cc: Kurt Bressner, City Manager
Quintus Green, Director of Development
Robert Hill, Bethesda Memorial Hospital
Tim Monaghan, Attorney
H:Clientsl352.181Corre.pondence/HudsonOB1902
Edward T. Currier
449 S.W. 4th Ave.
Boynton Beach, Fl. 33435
736-6345 FAX 734-3364
e-mail LC~381.aol.com
TO WHOM IT MAY CONCERN:
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em MANAGER'S OFFICE
As a member of the P&D Board, I was present at our last meeting, which took place in
the Chambers, on 7/23/02. One of the issues involved the request to change the Zoning, at
the Western boundary ofthe property owned by Bethesda Hospital. In the opinion of
"staff", the request should have been denied. This would be for the hospital to build a
parking garage housing seventy-three parking spaces, for the Doctor's vehicles. This
would be adjacent to the rear entrance of the hospital, making it convenient for the
doctors, and not necessitate much walking.
The hospital would erect a wall, that would minimize the noise and odors, emanating
from the hospital freight and service area. A barrier wall should have been in place years
ago.
It barely passed on a four to three vote. There were more than a hundred of the
residents of Chapel Hill in attendance, and when the vote came in, they became
extremely vociferous. Their properties are being intruded upon. They don't want to be
looking at the back end of a concrete parking garage. The City set up these zoning laws
for a good purpose, and they should not be infringed upon.
At least two members of the P&D Board were at the hospital the day of the meeting,
being escorted about, and surely getting a selling job.
Bethesda Hospital is BIG BUSINESS. Competing with JFK and DELRA Y
COMMUNITY, and coming in third. They should build their multi-level parking garage
on the property they own on 23 rd., and let the doctors walk. It is good exercise. They
should not be permitted to intrude into a residential neighborhood. I wonder how the vote
would have gone had they wanted to intrude upon "Hunter's Run."?
I beseech you to vote your conscience at the next Commission Meeting, and reverse the
voting of the P&D BOHrn Thi< i< <till thp [TSA Hnn H npr<on'< rights and property,
should be respected
Sincerely,
Ed Currier
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Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 . Fax 1561) 689-2592
E-Mail: info@kildayinc.com
July 25, 2002
Ms, Lusia Galav
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Re: Request for Postponement
Petition Numbers LUAR 02-004, REZN 02-004 and NWSP 02-011
Our File No.: 352.18
Dear Ms. Galav,
Attached you will find a letter from Mr. Robert Hill of Bethesda Hospital requesting
postponement of the above reference petitions to the August 20, 2002 City Commission
meeting. Additionally, attached you will find a letter that our office is sending to all of the
residents of Chapel Hill inviting them to a meeting at the Hospital to discuss the
hospital's proposal. We would very much like to have your attendance at the meeting
as well. It is up to you whether you want to get actively involved in the meeting or
merely to attend as an observer.
It is our intent to provide as much information as possible to the entire neighborhood
and see if there is some common ground to be found.
Attachments
H:\Clients\0352 Hili\0352.18\Correspondence\Galav_July 25, 2002.DOC
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73471B9
ROBERT HILL
PAGE Bl/01
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Bethesda Memorial Hospital
July 25, 2002
Mr. Kurt Bressner
City Manager
The City of Boynton Beach
100 E, Boynton Beach Boulevard
Boynton Beach, Florida 33425
Dear Kurt.
As discussed with you by Robert B. Taylor, CFO, we would like to request that the
following three Bethesda Memorial Hospital items scheduled for the August 6th City
Commission Meeting be delayed until their August 20th meeting. The 3 items are:
1) BMH Physician Parking (LUAR 02-004)
2) BMH Re-zoning (REZN 02-004)
3) BMH Physician Parking (NWSP 02-011)
The Hospital has previously held two (2) meetings including the most affected property
owners on Southeast 4th Street. As the attendance at the Planning and Development
Board indicated. interest in this project extends well beyond the immediate properties on
Southeast 4th Street. For those residents In attendance. this delay is requested to allow
us the opportunity to meet with all the residents of Chapel Hill in an effort to try to
address any issues that they may have in opposition to the physician parking.
Thanking you in advance for your consideration in this request. I will be out of the office
for several days, so if you have any questions please contact Roger L Kirk, Executive
Vice President. at 737-7733, Extension 4400.
Sincerely.
~~1/~
Robert B. Hill~
President/CEO
RlBOYNTONCITYBRESNER
nl5 Sollth Seacr.,t Boulevard. Boynton Beach. Florida 33435. (56l) 737-7733
.
July 25, 2002
Resident Name
Address
City, State Zip
Re: Bethesda Hospital Proposed Physician Parking Expansion
OUf File No.: 352.18
Dear
On behalf of the administration and staff at Bethesda Hospital, I am inviting you to
attend a presentation and workshop regarding the proposed Physician Parking
Expansion at Bethesda Hospital. As I indicated at the recent Planning and
Development Board meeting, the Hospital had previously held two (2) meetings,
including the most affected property owners on Southeast 4th Street.
As the attendance at the Planning and Development Board indicated, interest in this
project extends well beyond the immediate properties on Southeast 4th Street. For
those residents in attendance at the Planning and Development Board meeting, it was
their first opportunity to hear a full presentation in a less than ideal setting.
For that reason, I have been authorized to postpone the August 6, 2002 public hearing
at the City Commission to August 20, 2002 in order to hold another presentation at the
Hospital. At that meeting, we will present the plans which were shown to the Planning
and Development Board the other night. Additionally, we will take input from the
residents as to what, if any, changes could be made to make this project more
acceptable to the neighborhood.
At the Planning and Development Board, a suggestion was made that the land area
along Southeast 4th Street be developed as a pedestrian linear park with amenities such
as lighting, seating and fountains. We will be prepared at the upcoming meeting to
discuss some of these design alternatives.
The meeting will be held at the Clayton Conference Center beginning at 6:30 PM on
August 8, 2002. The best way to get to the auditorium is by entering the hospital at the
Ambulatory Surgery Center located along Seacrest Boulevard. Thank you.
Sincerely,
Kieran J. Kilday
H:Clients/352.18_CorrespondencellettecResident LatteeJuly 25, 2002
The City of BOYTl4-on Beach
OFFICE OF .dE CiTY MANAGER
100 E. Boynton Beach Bouleuard
P.O. Box 310
Boynton Beach, Florida 33425-0310
City Manager's 0fJU:e: (561) 742-6010
FAX: (561) 742-6011
e.mail: city.m.anager@::i.boynton.beach.fl.us
www.ci.boynton-beachjLus
~'YO'.
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To:
City Commission
From:
Kurt Bressner, City Manager
Date:
.~ ..".
~
Subject~
July 24, 2002
"'~Me~rio;pit:iR:Z~~'k~R~:;;:-: -
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I'm currently in Naples, FL and received a cell phone call from BobTaylor, VP of Bethesda. The
Planning and Development Board approved the hospital's zoning request last night on a 4-3 vote.
The hospital has requested that all matters pertaining to the proposed parking garage be tablJlnntil
August 20th. Mr'-Taylor advised the hospital is requesting the additional time to meet with the
neighbors and address their concerns and the staff objections to the petition, if possible.
I told Mr. Taylor that this was a good idea as it provides the residents and the hospital more time to
resolve their differences. We will be receiving an official letter from the hospital on Thursday. I
recommend that the Commission honor the request of the hospital.
Thank you.
Cc: James Cherof
Wilfred Hawkins
Dale Sugerman
Janet Prainito
\... Quintus Greene
..._"1..;.~;.\2 '::~S!J.)~
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~(.;" ~ 42
Date:
To:
Fax:
Project No.:
Pages:
Comments:
From the desk of...
Jamie A. Gentile
KILDAY & ASSOCIATES, INC.
1551 FORUM PLACE, SOlTE rOOA
WEST PALM BEACH, FL33401
jamie@kildayinc,com
www.kildayinc.com
(561)689-5522
Fa..: (561)689-2592
07/26/02
G.::~ia Galev & Dick Hudson
742.6259
352.18 Bethesda Residential Expansion
7 including (over sheet
Attached is a request for postponement to the Aug, 20,
2002 City Conuuission Hearine for the Bethesda
Physician's Parking. If you have any questions please
contact me at (561)-689.5522
Jamie
.' ~1 '
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Kilday lk Associates
Landscape Architects I Planners
1551 Forum Ploel. Suit. l00A
West Palm a.ach, Florid. 33401
(561) 889-&522 . Fox (561 J 68s-2592
E.Mail: info@kildayinc.com
July 25.2002
Ms, Lusia Galav
City of Boynton Beach
. 100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
Re: Request for Postponement
Petition Numbers lUAR 02-004, REZN 02-004 and NWSP 02-011
Our File No,; 352.18
Dear Ms. Galav,
Attached you will find a letter from Mr. Robert Hill of Bethesda Hospital requesting
postponement of the above reference petitions to the August 20, 2002 City Commission
meeting. Additionally. attached you will find a letter that our office is sending to all of the
residents of Chapel Hill inviting them to a meeting at the Hospital to discuss the
hospital's proposal. We would very much like to have your attendance at the meeting
as well. It is up to you whether you want to get actively involved in the meeting or
merely to attend as an observer.
It is our intent to provide as much information as possible to the entire neighborhood
and see if there is some. common ground to be found.
Attachments
H:\CllenlSlO352 HW\Il3~2. '8\C0f:I$~ond.nco\G91av_July 25. 2002.00C
.UL, :6. 2002 ~: :56AV
'. "AY &'::
:AT~~,'- .--.-.-'----'-.':Iiu, 7L3~-'_c 3
Kilday & Associ.tes
landscape Arcllitll<:t$ / Piar'lners
1551 Forum 1'18co. Suite 10QA
West Pllm Belch, Florid. 33401
(5611669-5522' Fax (561) 6$9-2592
www.kildsyinc.com
July 25, 2002
Mr. Dick Hudson
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425.0310
Re: Request for Postponement
Petition Numbers LUAR 02-004, REZN 02-004 and NWSP 02.()11
Our File No.: 352.18
Dear Mr. Hudson.
Attached you will find a letter from Mr. Robert Hill of Bethesda Hospital requesting
postponement of the above reference petitions to the August 20. 2002 City Commission
meeting. Additionally, attached you will find a letter that our office is sending to all of t/'1e
residents of Chapel HHI inviting them to a meeting at the Hospital to discuss the
hospital's proposal. We would very much like to have your attendance at the meeting
as well. It is up to you whether you want to get actively involved in the meeting or
merely to attend as an observer,
It is our intent to provide as much information as possible to the entire neighborhood
and see if there is some common ground to be found.
c;~~
..t~ .
amie A. Gentile
Attachments
H:Clienr.l3:iZ.16_<;orrespQndeIlce/Hud5on-oluly 2'. 2002
, "~""" '1 :-"iA~~ 1'!'r'I\\' ~ \-,~","'\-"-
"~_, ,~, L~~L I I ';, III 734~" '1M' & h~~v~.~I~)
--- '-~~1 ll~-~ --:. 4-"-'--
ROBERT HILl.. ,) '"" 'I-'AGE 61/01
July 25, 2002
to,~ Kd~
FA-X.
"8'1 - ~ S l1 'Z..
8echeM:i Melllorial HOIIpicaI
Mr. Kurt Bressner
City Manager
The City of Boynton Beael1
100 e, Boynton Beach Boulevard
Boynton aeach, Florida 33425
Dear Kurt,
As discussed with you by Robert B. Taylor, CFO, we would like to request that the
following three Bethesda Memorial Hospital Items scheduled for the August 6'" City
Commls.ion Meeting be de/ayed until their August 20t/l meeting. The 3 items are:
1) BMH Physician Parkil1g (LUAR 02-004)
2) BMH Re..zcning (REZN 02-004)
3) BMH Physician Parking (NWSP 02-011)
Tile Hospital has previously held two (2) meetings including the most affected property
owners on SClutheast 411I Street. As the attendance at the Planning and Development
Board indicated, interast in this project extends Well beyond the immediate properties on
SO\ltheast 4t1l Strwet. For those residents In attendal1ce, this delay is requ8$ted to alloW
us the opl)Ortunlty to meet with III the residents of Chapel Hill in an effort 10 try to
address any issues that they may have in Opposition to the physIcian parking.
Thanking you In advance for your consideration in this request. I will be out of the office
for several days, so if you have any questions please contact Roger L: Kirk, Executive
Vice President, at 737-7733. extension 4400. .
Sincerely,
~~~
Robert B. Hjll~
Pre6ident/Ceo
RtBOYNTONC'TvBReSNER
21115 South SoIa.""'l Boule""rd' Boyncon Beach. FloridIl334J" (:561) 737.77)3
'.v,-.
26 2:11: 2 ::.; 7 A'I
JAY & ASSCC[A"iES
~~H_.._-..n 748- P 5 H_____.
July 25, 2002
Resident Name
Address
City, State Zip
Re: Bethesda Hospital Propoaed Physician Parking Expansion
Our File No,; 352.18
Dear
On behalf of the administration and staff at Bethesda Hospital, I am inviting you to
attend a presentation and workshop regarding the proposed Physician Parking
Expansion at Bethesda Hospital, As I indicated at the recent Planning and
Development Board meeting, the Hospital had previously held two (2) meetings,
including the most affected property owners on Southeast 411\ Street.
As the attendance at the Planning and Development Board indicated, interest in this
project extends well beyond the immediate properties on Southeast 4th Street. For
those residents in attendance at the Planning and Development Board meeting, it was
their first opportunity to hear a full presentation in a less than ideal setting.
For that reason, I have been authorized to postpone the August 6, 2002 public hearing
at the City Commission to August 20, 2002 in order to hold another presentation at the
Hospital. At that meeting, we will present the plans which were shown to the Planning
and Development Board the other night. Additionally, we will take input from the
residents as Ie what, if any, changes could be made to make this project more
acceptable Ie the neighborhood_
At the Planning and Development Board, a suggestion was made that the land area
along Southeast 4111 Street be developed as a pedestrian linear park with amenities such
as lighting, seating and fountains, We will be prepared at the upcoming meeting to
discuss some of these design altematlves.
The meeting will be held at the Clayton Col'Iference Center beginning at 6:30 PM on
AugU8t 8, 2002. The best way to get to the auditorium is by entering the hospital at the
Ambulatory Surgery Center located along Seacrest Boulevard. Thank you,
Sincerely,
Kieran J. Kilday
H:C1I1nW2,'8):Qrreepondenctllelle<_AHidonI ~ellOr..,JUIy25. 2002
July 25, 2002
IfDJ ~((;~UW~~
lfU JUL 2 5 2llO2 1Y
CITY MANAGER'S OFFICE
V
iJt>
7J.2..'dCf1-
Bethesda Memorial Hospital
Mr. Kurt Bressner
City Manager
The City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
c"w~ R,
L''.-tc..~\:.
~^) .
-J IY;P('(\ v' 'i) Gel, Pri:l-c~~
,,\ ,,[Jc\ \ C,,\--y to ,,,,,,",,,,-,> 4-
\,[}- ~L'~'
Dear Kurt,
As discussed with you by Robert B. Taylor, CFO, we would like to request that the
following three Bethesda Memorial Hospital items scheduled for the August 6th City
Commission Meeting be delayed until their August 20th meeting. The 3 items are:
1) BMH Physician Parking (LUAR 02-004)
2) BMH Re-zoning (REZN 02-004)
3) BMH Physician Parking (NWSP 02-011)
The Hospital has previously held two (2) meetings including the most affected property
owners on Southeast 4th Street. As the attendance at the Planning and Development
Board indicated, interest in this project extends well beyond the immediate properties on
Southeast 4th Street. For those residents in attendance, this delay is requested to allow
us the opportunity to meet with all the residents of Chapel Hill in an effort to try to
address any issues that they may have in opposition to the physician parking.
Thanking you in advance for your consideration in this request. I will be out of the office
for several days, so if you have any questions please contact Roger L. Kirk, Executive
Vice President, at 737-7733, Extension 4400.
Sincerely,
~ ~ 1,i.d-
Robert B. Hill<L&
President/CEO
RlBOYNTONCITYBRESNER
/1'1 C 6
,)~ L
2815 South SeaCfest Boulevard" Boynton Beach. Florida 33435 "1561) 737-7733
_\~YO'"
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DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Building - Planning & Zoning . Occupational Licenses . Community Redevelopment
October 18, 2002
Mr. D. Ray Eubanks, Community Program Administrator
Department of Community Affairs
Division of Community Planning
2555 Shumard Oak Boulevard
Tallahassee, Fl 32399-2100
Re: City of Boynton Beach
Bethesda Parking (LUAR 02-004)
Dear Sir:
Please find enclosed required documents on the above-referenced, adopted small-scale
amendment processed in accordance with Subsection 163.3187(1)(c)2., Florida Statues. The
total number of acres for this amendment is 1.43. With the adoption of this amendment the
cumulative total of acreage to date for the 2002 calendar year is 6.36 acres.
Enclosed is Ordinance 02-052, reflecting approval by the City Commission on October
15,2002, the publication notice, an updated land use map with the boundaries and location of the
subject property in relationship to the surrounding street and thoroughfare network, and the
completed RPM-BSP-Small Scale-I form. If you have any questions please contact me at 561-
742-6264.
Respectfully submitted,
7t - /I
Vutv F ~
Dick Hudson, AICP,
Senior Planner
Cc: Treasure Coast Regional Planning Council
South Florida Water Management District
Florida Department of Transportation
Florida Department of Environmental Protection
MWR
J\SHRDATA\PIJnnLng\HUDSON\A~E:-.IDMENT SMALL SCAt E\DCA :-.IQ\lC~ dOl
City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, FL 33425-0310
Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton.beach.fl.us
II
!
ORDINANCE NO. 02- ~.;L
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AMENDING ORDINANCE 89-38,
BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSNE PLAN OF
THE CITY, ADOPTING THE PROPER LAND USE OF
PROPERTY MORE PARTICULARLY DESCRIBED
HEREINAFTER (BETHESDA HOSPITAL
PHYSICIAN PARKJNG - 1.43 ACRES OF LAND);
SAID LAND USE DESIGNATION IS BEING
CHANGED FROM LOW DENSITY RESIDENTIAL
(LDR) TO PUBLIC & PRIVATE
GOVERNMENTAL/INSTITUTIONAL (PPGD;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTNE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
dopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land
se Element by Ordinance No. 89-38 in accordance with the Local Government
omprehensive Planning Act; and
WHEREAS, the procedure for amendment of a Future Land Use Element of a
omprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
WHEREAS, Bethesda Memorial Hospital, owners of the property hereinafter
escribed, by and through their agents and representatives have filed an application for a
and Use Amendment to reclassifY the property hereinafter described from low density
esidential to public and private governmental/institutional; and
WHEREAS, the City Commission conducted a public hearing on August 20,
002, and heard testimony and received evidence which the Commission finds supports a
and Use Amendment for the property hereinafter described; and
WHEREAS, during the public hearing the applicant for the Land Use
mendment made material representations which were considered and were relied on by
he City Commission in reaching its conclusions regarding the appropriateness of the
roposed Land Use Amendment; and
WHEREAS, the City Commission finds that the proposed Land Use Amendmenth
'\CA\orclinanceS\Planning\Land Use - a..t.hellda 1 43 i1ctl!lI.doc
II
is consistent with the goals and objectives set forth in the City's Comprehensive Plan;
'and
WHEREAS, after public hearing and deliberation, the City Commission deems it
I 'in the best interest of the inhabitants of said City to amend the aforesaid Element of the
I
I
. Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: The foregoing Whereas clauses are true and correct and incorporated
erein by this reference.
Section 2. Ordinance No. 89-38 of the City is hereby amended to reflect the
ollowing:
hat the Future Land Use of the following described land shall be designated as Public
d Private Government/Institutional (PPGI). Said land is more particularly described as
ollows:
Lots I through 8, inclusive, Block I, Seacrest Hills,
according to the plat thereof as recorded in Plat Book 25,
page 74, Public Records of Palm Beach County, Florida.
Section 3: That any maps adopted in accordance with the Future Land Use Element
hall be amended accordingly.
Section 4: All ordinances or parts of ordinances in conflict herewith are hereby
epealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof
e declared by a court of competent jurisdiction to be invalid, such decision shall not affect
he remainder of this Ordinance.
Section 6: This Ordinance shall become effective 31 days after adoption, unless
hallenged. If challenged, it becomes effective upon the issuance of a final order finding it in
ompliance.
sf . f
FIRST READING this L day of {Jdo!J~r
,2002.
,\O\Ot'dinances\<'lannin9\Land Use - Bethesda 1.43 anee.doc
I'
SECOND, FINAL READING and PASSAGE this ~ day of OC.TOE!.E~ 2002.
0111 BE
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Vice Mayor
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!
II
SMALL SCALE DEVELOPMENT AMENDMENT
SUBMITTAL FORM
1. Name of Local Government
City of Boynton Beach
Person Completing this form
Dick Hudson
Phone number 561-742-6264
Name of Newspaper that notice of small scale was published The Palm Beach
Post
Date Publication Noticed July 9, 2002 & July 23, 2002
(Please attach copy of notice)
2. Number of acres of small scale development amendments contained in package:
a. Within Urban Infill, Urban Redevelopment or Downtown Revitalization
as defined by Section 163.3164, FS 0
b. Within Transportation Concurrency Exception Area pursuant to Section
163.3180(5), FS 0
c. Within Regional Activity Centers or Urban Central Business Districts
pursuant to Section 380.06(2)(e), FS 0
d. Outside categories a, b, c 1.43
3. Cumulative total number of acres of small scale development amendments for the
calendar year:
a. Categories listed in Item 2 a, b, c. above 4.31
b. Categories listed in Item 2 d and above 2.05
4. Total number of acres of small scale development amendments in this
package that are located within a coastal high hazard area as identified in
the comprehensive plan 0
Pursuant to Rule 9J-11.015(2), Florida Administrative code, this form must be mailed
with all small scale development amendments as defined by Section 163.3187(1 )(c),
Florida Statutes to:
DEPARTMENT OF COMMUNITY AFFAIRS
BUREAU OF STATE PLANNING
PLAN PROCESSING SECTION
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(904) 488-4925
\\CH\MAIN\SHRDATAIPLANNINGIHUDSONICOMP PLAN PROCESSISMALL SCALE FORM.DOC
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'.1 II. ',( :)f) (I r1 lJ I-\! rtF
HE PALM BEACH POST
Published Daily and Sunday
est Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
,ACH
lOrity personally appea,ed Kevin D. Austin, who on oath says that
sing Manager of The Palm Beach Post, a daily and Sunday
st Palm Beach in Palm Beach County, Florida; that the attached copy
tice in the matter of Public Hearinl!, Land Use Amendment,
n said newspape, in the issues of Julv 9, 23, 2002. Affiant further
s a newspaper published at West Palm Beach, in said Palm Beach
e said newspaper has heretofo,e been continuously published in said
1, daily and Sunday and has been entered as second class mail matte,
llm Beach, in said Palin Beach COWlty. Florida, for a period of one
. publication of the attached copy of advertisement; and affiant
:1either paid nor promised any person., fIrm or corporation any
1 0' refund for the purpose of sec g this vertisement for
paper.
-----=
fore this 9~ day of August, .D. 272
, /\ ) 1 ': 1
/; I / I
,
1)1
roduced Identification
Iced
,j \-f McUi\TON
.1!SSICN *CC97%69
I.ES Nl)Y \5. 200J
ry Servrce &. 8cna1r'l9. Inc
or
NO. 457424
NOTICE OF PUBUC HEARING
NOTICE OF LAND USE AMENDMENT
NOTICE OF REZONINGS
NOTICE IS HEREBY GIVEN thet the Plenning end 0., oIocment Beer<! <:lTHE CfIY Of
BOYNTON BEACH. flORIDA. will conduct e PUBlIC HEARING, en Tuesdcy, July 23,
2002 et 7:00 p.m. in th.CfIY HAIl COMMISSION CHAMBER>, 1<X1..EfI'IBcy:ntcn .
Beech Boul_cd Ie con,ider thi, requ..' ,ubmilfod bv Chri, Korr of IGIdcy end As..,.
ciele" Inc. en b;helf of Bethesde Memoriel ~",ilal. 'rho City Commiuien of THE CfIY
OF BOYNTON BEACH. FLORIDA. will 01", hold public heanngs Ie con,ider thi,
r:eques' on Tu~, A'!9'J,'6, 2002 end See_be.. 3.2002 ot 6:30 p.m.. or e, soon
th....,1ter 0' the agende pennits e' the CflYHAU. COMMISSION CHAMBERS. 100
Eo,' Bcynlcn Beech BouleYCcd. Th. request i, described e, follows:
lOCAl1ON: PROPt:RTY A
Six properties kxoled on the ea,t ,ide of SW 4" Street 12700 .
Block)leleling 1.43 acres PeNs 08-43-45-33-01-001-0010. .
0030, 0050. 0060, 0070 and 0080
Amend the Como<ehen,,,,, Plan Future land Use Mop:
From - low Den,ity Residen6el(LDR)
To - Public & Privale Gavemment/ln,61utiono1
ROZOlle(
From- RlAA (Singl. Family R..iden6el-5.40 du/acl
To - PU (Public Use
JIllOIfOiSa!D lISE: Auxiliol)' perking area
:..1lt!SaI'llllR LOTS 1 THROUGH 8.INClUSlVEtBlOCK I, SEACREST
, . ',. HIllS, ACCORDING 10 THE PlA THEREO. AS RECORDED
. IN I'IAT BOOK 25. PAGE 74, PUBlIC RECORDS Of PAlM
BI!AOi COUNTY. FLORIDA.
PROPt:RTY B
South ,ide 01 South-t 23- A_ue (Golf Roedl bel-.
South Seecrest Bou"""cd and Inten_ 95 _hng 10.37
acres
PCN 0&-43-45-33-1 Q-QO(}OOl 0
'Re=.:
. From - Planned Uni' OovoIopmen'
To - PU (Public Use)
: .~ USI: No chang..
~~IlEScRIPnoN: PlAT Of B.M.H.' PROPt:IUY. ACCORDING TO THE PlAT
'SJi~~;;'. ..;.,.. THEREOF AS RECORIlW IN PlAT BOOK 49. PAGES 43
,)1-~ ,'. . AND 44 OF TH~ PUBUC RECORDS Of PAlM BEACH
"'., COI:JNTY. flORIDA
..... LocalIon Map
IlfQUfST:
R!QUUT,
lOCATION:
REQUE51'...,
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Tlii~'con bo~ the houniilWrl..... and >:JU p.m. otth. <;1.
of' 8eoch Planning end Zoni"9 DiviJioft; rOO Ealtllcyntcn 8eoch Bouleva .
AlI;h...~QI'O notiRocIlecppecrolsai,~ in -01 the P1aorby.atlcmey
and be . My F*"!'" who decides Ie _ .." d.asian .a.n","9 and
0.. .Ie...,.,t Beeid or City CQI11mis,i_wilIi '-Pc 10 ..." motler conSIdered J' th...
meelillQl wilf need ~ recoid at the Pi:~~"~ I. h JlUfPO'Oecord"'?YncI~d leth
enlUre.lhat a ~ record of the ~ *-~ whidi r I U e$ e
testimony and ..idence upon which a . ""'. .
=" 1omiaIl2PP.'!lfriOle ouxinary aido aiod...;c.. wh<<e neces",ry lethe afford
~ ,- wittr Q cftSObil"Y an ~ ~. PJiicipate in and enjoy .
cA a ~ J?I1'9ram, or cctivity CcncIucticl bY "'" City. Please conlccl Petri~la
1$.611 742-62i!8, ot r.asl twenty-Tour (24) hours prior Ie the program or ac11v,ty
In"'" lor iho City Ie reascnobly accommodate your request.
CfIY Of BOYNTON BEACH
PlANNING AND ZONING DIV1SION
(561) 742-6260
=--
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..-- ->----
PUBU5H: The Post July 9,2002 and July 23,2002
A~G, 19. 2(i02 12:5~PM
':, cAY & A'~or"TE0
'1".... '.. v,i"., "
NO. 153
114
Kilday & Associates
Landscape ArehitectslPlanners
1551 FOI1lII1 Place
Slit8 10l1A
West Pam Beach. Florida 33401
(561)689-5622 Fax (581)889-2592
From:
Date:
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Q Project # 'b 0:;- 'J- . \ "6
'* Re:
. Addltlou" Commentsl
Pag.. Pnduding Cover Sheet) ....... @]
ORIGINAl. TO FOLLOWIHTHE MAlL....,...... D
SAV~ OUR PROPERTY VA~aES!!
As you may have heard, Bethesda Hospital is
petitioning the city for approval of a parking
garage on SW 4th street, right in our neighborhood!
All of us must put our time and efforts toward this
important goal of stopping this eyesore from being
built or we will fail. If we don't get involved,
we shouldn't complain when our property values
drop!
The following information should be used to let our
city officials know how we feel. Please take the
time to have your voice heard! Call today!
Elected Officials - Terms of Office
The Mayor and Commissioners are elected to three year terms
and are limited by the City Charter to serving two
consecutive three-year terms.
The Mayor and Commissioners may be contacted through the
City Manager's Office, (561) 742-6010, or at the numbers
listed under each Commissioner's biography
Gerald Broening- Mayor - lG4-47l6
Gerald F. Broening was reelected to his second term as Mayor
in March 2000 with a mandate to keep the City on the
progressive course it had adopted during his first term in
office.
Ron Weiland- 734-6885
Mr. Weiland is serving his second term as District I city
commissioner.
Mack McCray - 732-9213
Mack McCray was named to the City Commission in June 2001 to
fill the seat vacated by Bruce Black in District II.
Muir C. Ferguson. 732-3753
Muir C. "Mike" Ferguson was named to the City Commission in
December 2000 to fill the unexpired term of William Sherman
in District III. He was elected in his own right in March
2001 and will serve until November 2003.
Chdrlie Fisher - 276-3722
Mr. Fisher is serving his first term as the District IV City
Commissioner
A~'G. '9. 2", : 2'= 12 52 FV,~K : _DAY & A ~,':'OC! h -;: S:-::'.-
'."~ ';~)'- ~ 4- .
:~v. l."....-,; ,
.
STRAWN, MONAGHAN & COHEN, P.A.
e4 NOFrntEA5r I'OUJU1oi -'IIENUi
DELRAY IlEACfoI. FLORIlA ~183
Attorney. 8nd Counselors
S_I.;o_
TllIO'l'WV I!. MONot4I1AN
oIOE, T. tTIW/oW
"'-
--
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IoIoWl.:
TUO....I!MANe~r~
August 16, 2002
_eounll-_OIJAII_s....;"g
.,.., N.W. a..c-,....... ..,11.4040
Fl ~ucI"",.1o, _dl3J:lOll
(0$4, 4Ic.lI016
P.o. ... ,''''
,..11.1........ FIall.. 3231T_,
(850) e.'.TOlI
TELEPHONE lH'l2'.......
'TEI.~~(U'I)~
VIA FAX (854) 7'71-4923
and U.S. MAIL
Kerry Ezral, Esq.
Goren, Cherof, Doody & Ezrol
3099 East Commercial 61vd.
Suite 200
Ft. lauderdale, FL 33308
Re: Bettre8da Memorial Hospital Rezoning Request
City of Boynton Beach File #: Land Use AmendmentIR.etoning (LUAR 02-004)
Bethesda Hospital Physician Parking
Dear Mr. Ezrol:
I am writing this letter on benalf of Bethesda MemorIal Hospital, Inc. in regards to
tI1e abOlle referenced project. I appreciate havinll had the opportunity to discuss 5ame with
you yelterday. As I mentioned at tnat time, the Hospital has asked me to find a legal
mech9l'1iam whereby they can voluntarily commit to certain lend use restrictions on the
subject proj:lerty. Specifically, the Hospital would like to be able to assure the adjacent
residential neighborhood that the use of this ~raj:lerty will be limited to II low intensity
parking area.
As II practical mder, the site is not suitable-for other more lntensive uses anWlay.
Nonetheless, in order to provide additional comfort to the our neighbors to the west, the
Hospltalllllked me to find II mechanism which we could bath agree would legally impose
the deslrecl restrictions. .
1 hailS S0lT18 expertise in this area as I represented the Town of Lake Park for a
periOd often (10) years. from 1989 until 1999. I have also been involved in 2'oning and
land USl!llssues for the Town ofTequests and the Town of Flaim Beach. In my experience,
It is not unusual for a rezoning applicant to voluntarily colT1mlt to certain additional use
restrictions, beyond those impOSed by the general zoning code. Itis my understanding that
you are in agreement that a use restrlctfon, sud1 as deSCribed herain, to Which the
applicant voluntarily submits. would, indeed, be legally bindIng Ullon the applicant.
. HULTHCAMJdW. C()J/1'OR.cTE'EMPLf)I'UIlNT.
. ~ESTATt:. ESTATES AND l'l!tIS7:S. COYE1lNMENTA/..
'J8. '9. ?~G2 '2:52PM--- KUAY I, A:~'Y:Am"-
NO c-~.v
, L)."
L. 4
Kerr~ Elrol, Esq.
August 16,2002
Page 2
Accordingly, in conjunction with our l'8Cluest to the City Comml$$lon for approval of
this rezoning, we are requesting that the fallowing restrictive language be mede a part of
the ordinance or other approving action by the City:
.Use of the property shall be limited to on glilde parlQng only. No awcture win be
permitted other than walls and parking enclosures utilized to screen views of the on grade
parking, as approved by the site plan approval process of the City of Boynton Beach.
Furthermore, the west thirty (301 feet of the property shall be used solely for landscaping
and walls for buffering and pedestrian walkways."
If you have any questions or comments regarding this letter or the reque&ted
restrictive language, pi.... advise me as soon as possible. We would also welcome any
suggestions from City staff and. of course, members of the City Commlsslon.. In the
meantime, I would appreciate your forwardifl9 this letter to the City Commission for their
consideration in conjunction with the publlc heetlng on this matter scheduted for Tuesday,
August 20. Z002.
Thank you again for your time and consideration in this matter.
Sincerely,
TEM/ee
cc: Robert B. Hili. Pr:esident.
Bethesda Memorlal Hospital. Inc.
l<:\oloml-bmhlut.. LDl.wpG
AIJ~. n 20)2 12:5i'I,!
(:LDAY & A:20CiA'ES
r~o, 253
~ 2 '4
. .~
.-
KildaV & Associates
Landscape Architects I Planners
~551 Forum Place. Suite 100A
Wost Palm B.ach. Florida 33401
(56') 65S.5522. Fax (561' 889-2592
E.Mail: info~~iJd.yinc.com
MEMORANDUM
Date:
Augum 19. 2002
TO:
Quintus Green
Director of Development
From:
Kerry Kilday
Re:
Bethesda Physician Parking Expansion (LUAR 02.(04)
Our File No.: 352,18
Attached you will find a letter prepared by Tim Monaghan. attorney for Bethesda Hospital,
to Mr. Kerry Ezrol. attorney for the City of Boynton Beach. In that letter. Mr. Monaghan
recommends a condition of approval which would restrict the use of the residential parcels
which are part ofthe land use amendment. It is my suggestion that this restriction become
a condition of the land use amendment. A restrictive condition at the land use amendment
level will provide the greetest safeguard that the restriction wiil be honored through future
years.
For your information. Palm Beach County routinely conditions land use amendments.
Oftentimes. these conditions relate to changes to commercial land uses. Because the
commercial land use category is so broad the County will sometimes approve a
commercial land use provided that it is severely restricted as to the actual future use ofthe
property. In this case. the hospital is requesting a PPGlland use category. Again. a
condition restricting tI1e use of this property strictly to ongrade parking forthe hospital will
provide additional safeguards for the neighborhood.
Please cail me if you have any questions or suggestions.
JHJ/KJK
Cc; Kurt Bressner, City Manager
Dick Hudson, City Planner
Tim Monaghan. Esq.
Robert Hill, Bethesda Memorial Hospital
H:ClienW352.16/ComJspondance!GreenO!1902
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
JEB BUSH
Governor
STEVEN M. SEIBERT
Secretary
October 30, 2002
Mf. Dick Hudson, Sf. Planner
Boynton Beach Department
of Development
Planning and Zoning Divi,io'l
Post Office Box 310
Boynton Beach, FL 33425-0310
Dear Mr. Hudson:
Thank you for submitting copies of the City's Small Scale Development Plan Amendment
adopted by Ordinance No. 02-052 on October 15,2002. for our records. The reference number for the
amendment is 02S6.
The Department will not conduct a compliance review or issue a Notice of Intent regarding the
adopted small scale development plan amendment in accordance with procedures contained in Section
l63.3l87(3)(a), Florida Statutes.
If you have any questions. please contact me for the DR! and Plan Processing Section at
(850)922-1767.
Sincerely,
~/Z E~kS' Administrator
Plan Reviev.' and Processing
DRE\lw
cc: Michael Busha, Ex. Director
Treasure Coast Regional Planning Council
.-12002
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FLORIDA 32399-2'00
Phone: 850.488.8466/Suncom 278.8466 FAX: 850.92' .0781/Suncom 291.0781
Internet address: http://www.dca.state.fl.us
CRITICAl STATE CONCERN FIELD OFFICE
2796 Overseas Highway, SUlle 212
Marathon, FL 33050-2227
(305)289-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850)488-2356
EMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
Ta!1ahassee, FL 32399-2100
(850)413-9969
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
(850) 488-7956
,
"
Kilday & Associates
Landscape Architects / Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522' Fax 15611689-2592
E~Mail: info@kildayinc.com
k:i
MEMORANDUM
Date:
August 19, 2002
To:
Dick Hudson
City Planner
From:
Kieran Kilday
Re:
Bethesda Memorial Hospital Physician Parking Expansion (LUAR 02-004)
Our File No.: 352.18
Because the Boynton Beach Land Development Code requires that land use amendments
and rezonings be subject to eight criteria listed in Article 2 Section 9 Administration and
Enforcement Item C, I felt it important that we address each of those items in greater detail
as an addendum to the initial justification statement which addresses these issues in
response to the staff analysis contained in your memo of July 15, 2002. These criteria are:
A. Whether the proposed land use amendment would be consistent with the
applicable comprehensive plan policies.
Policy 1.16.1 references institutional uses in two areas. First: within the definition of Low
Density Residential the statement is made, "Public, educational, and institutional uses
located within the zoning districts may be placed in the Public and Private Governmental /
Institutional land use category...". This statement is a reflection that many public,
gOllernmental and institutional uses have been routinely located in or adjacent to
residential areas. In such cases, the Public and Private Governmental / Institutional land
use category will be placed upon these properties despite the fact that they may be
surrounded by residential uses and in fact may actually be zoned residential as well. There
is a clear recognition that these type of uses often coexist with surrounding residential
areas.
The second reference is merely the definition of Public and Private Governmental /
Institutional land use which specifically lists hospitals and other health care services and
agencies as a permitted use. There are no other references within the Comprehensive
Plan to this land use so, therefore, this proposed amendment must be judged to be
consistent with the applicable comprehensive plan polices.
In addition, the Future Land Use Element Support Documents Page 44 states, "that
additional acreage will be added to the category Public and Private Governmental /
Institutional Land (PPGI), if additional government or institutional uses are established in
the City, beyond those which can be anticipated at the present time. It is not possible,
however, to estimate the acreage requirements for these uses, until such time as these
uses actually become established."
Mr. Dick Hudson
August 19,2002
Page 2
Undoubtedly. the increased demand on the hospital could not have been predicted in 1959
when the hospital was established. The Future Land Use Support Documents further
substantiate that point.
Howeller, the staff report goes further to apply Commercial and Industrial land use criteria
from the comprehensive plan to this use despite the fact that there is no technical basis for
such an application. Specifically, the report references Policies 1.17.3 and 1.17.4. These
policies require buffer walls and vegetatille screening between industrial and residential
uses, wherever practical. It should be noted that despite the fact that this policy does not
apply to Public and Private Governmental/Institutional uses, the plan submitted by
Bethesda Hospital provides both buffer walls and solid vegetative screening between the
proposed parking area and adjacent residential properties. So even in the event these
policies are applied to the hospital site, the plans submitted for the site meet these policies.
Lastly, the staff report discussion of this issue notes incompatibilities quoting from the
original justification statement with regard to the mechanical equipment currently existing
on the hospital property in the service court area. It should be noted that the
comprehensive plan amendment does not propose to place any mechanical equipment on
the expanded area. In meetings with the neighboring property owners the issues of
incompatibilities on the existing hospital property concerned primarily sound from air
conditioner coolant fans, the incinerator blower, dumpster pickup, and delillery of supplies.
In those discussions, there was never an issue as it related to the existing doctor parking
which takes place in that same area. The purpose of the compatibility statement contained
in the original justification statement was to show how the expanded area of the application
could effectively seal off existing incompatibilities which are not a subject of this application
and create a better condition utilizing the property abutting the residential neighborhood to
the west (including buffer walls and lIegetation).
B. Whether the proposed amendment / rezoning would be contrary to the
established land use pattern, or would create an isolated district unrelated to
adjacent and nearby districts.
Clearly, the land use amendment does not create and isolated district. The proposed
amendment is to designate the additional lots with the same land use designation as the
rest of the adjacent hospital property. There is currently an interface between the
hospital's land use and the residential land use along the entire west property line. Of the
eight lots included in this application, fille of the lots have been owned by the hospital for
over 30 years. These lots were purchased by the hospital in the 1960's with a knowledge
that additional growth of healthcare may require their future utilization. A sixth lot adjacent
to the original five lots was purchased approximately one year ago. Prior to filing this
application, a meeting was held inviting the property owners along SW 4th Street to explain
the hospital's plans. Following that meeting, two adjacent property owners approached
the hospital with an offer to sell their properties to the hospital. The hospital has entered
H:ClientsJ352.18/CorrespondencelHudson081902
Mr. Dick Hudson
August 19,2002
Page 3
into a contract to include these properties in its addition. These later two lots directly abut
the service loading area of the hospital. Inclusion of these lots with the original lots made
sense in the hospital's effort to buffer its most intensive service activities "which already
exist" from nearby residents. With the additional walls and landscape screening as
recommended in the comprehensille plan, the public welfare of the immediate
neighborhood will be protected.
C. Will a change in conditions make the proposed rezoning desirable?
As previously stated the hospital was established in 1959. Needless to say there has been
an explosion of growth in the Boynton Beach area over these past 40 years. The hospital
has expanded and grown in order to service the Boynton Beach community. The service
area, which includes the doctor parking area, has been located in this area of the hospital
since its inception. All of the doctor ancillary services are directly accessed from this
service area in the basement of the building. Beyond the doctor entrance doors are the
medical offices, medical library, medical records and places for appropriate signing in and
out of the hospital. With the growth of the hospital, the number of doctors utilizing the
hospital has increased significantly. There is a current identified need for providing
additional doctor spaces. Location of these spaces has never been an issue of discussion
in previous parking analysis as parking for doctors needs to be located to properly access
the internal circulation and records of the hospital. The service area is an isolated area
separated from the rest of the hospital parking. While there may be a need to provide
additional parking accommodations for the public and other hospital employees, that
accommodation will not be located in this area and the physician parking cannot be located
properly or efficiency elsewhere on the site.
D. Will the proposed use be compatible with utility systems, roadways and other
public facilities?
The staff report properly indicates, as does the Site Plan, that there will be not access
between the hospital and SW 4th Street from this parking area. Therefore, there will be not
impacts from this proposed parking area on the neighboring street system. Staff did not
find any problems with this application meeting this standard.
E. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties.
As previously stated, the proposed use is merely an expansion of an existing use which
has been located on this spot since 1959. The design of the proposed use and the
limitation of the use to parking protects neighboring residential properties. In fact there are
many areas throughout the city of Boynton Beach where parking is located adjacent to
residential areas. With proper landscaping and buffering the parking has no negative
affect on the adjacent residential property. As part of the presentation to the Planning and
Development Board, a Property Sales Analysis was provided showing no negligible
H:ClientsJ352.18/CorrespondencelHudson081902
Mr. Dick Hudson
August 19,2002
Page 4
difference in property lIalues between properties abutting parking facilities and properties
abutting other residential uses. It should be noted that the study did show a distinct
valuation drop on those few lots directly abutting the service court of the hospital, a
reflection of the intensive activities which take place in that area. The properties which will
be included in this parking expansion provide a clear and defined buffer between the
service area and the adjacent residential properties.
With respect to the comment in the staff report, staff and the applicant agree that there are
existing compatibility issues within the service court of the hospital. However, The
applicant has never agreed that the expanded parking area would be an incompatibility
with the adjacent residential area. In fact, it is the belief of the applicant that properly
landscaped and buffered parking will provide an acoustic barrier between the current
activities within the service area and the residential neighborhood beyond, a condition
which does not currently exist.
F. Whether the property is physically and economically developable under the
existing zoning.
While the property is physically able to be developed under the current zoning, there is a
question as to its economic viability. As previously stated, analysis of property sales in the
area have shown that these particular lots abutting the service court have been depressed
as compared to the surrounding neighborhood. Any attempt to develop new homes on the
vacant sites from a practical standpoint need to recognize the difficulties of marketing
these properties with the intensity of activities taking place within the hospital service court
directly adjacent to them. It was for this reason two property owners approached the
hospital to include their properties in the expansion area. If the interest is to maintain and
enhance the value of the surrounding community, appropriate utilization of these properties
for landscape buffering and screening would better accommodate the stability of the
neighborhood rather than attempting to build new homes on property that has already
reflected depressed lIalues in previous resales.
G. Whether the proposed amendment / rezoning is of a scale which is reasonably
related to the needs of the neighborhood and the city as a whole.
As previously stated, the Site Plan specifically sets back the parking area 30 ft. from SW
4th Street. By setting back the parking and proposing to enclose it in a structure, any
parking and or building area is recessed to the same set backs as the single family homes
located on both sides of the street. The west 30 ft. of the lot has been restricted for use as
a landscape buffer. This section of the neighborhood does not have existing sidewalks.
The proposed plan incorporates a sidewalk / pedestrian path area along the entire frontage
of tthis property tying into the sidewalk located immediately north of the site. The hospital
has agreed to restrict the use of this property to the ongrade parking and to further restrict
the use of the west 30 ft. to landscaping and pedestrian uses as part of this application.
Therefore, the use of this site will be harmonious with the surrounding neighborhood and of
H:Clients/352.181Correspondence/Hudson081902
Mr. Dick Hudson
August 19, 2002
Page 5
appropriate scale.
H. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
As previously indicated. the hospital has been located on this property since 1959. The
hospital has grown in accordance with the needs of the community. The relationship of the
physician parking to the physician activities which take place inside the hospital accessed
immediately off the service court has been a continuing operation through all these years.
The hospital purchased five of the eight lots oller 30 years ago knowing that some
expansion of this area may need to take place at some time. There is no other adequate
area in the hospital to provide physician parking in proper relationship to the internal
hospital services.
Convenience of physician parking is of critical concern to the hospital in allowing a
physician to arrive at the hospital, pick up records and service patients in a timely manner.
This issue becomes extremely critical when there is an emergency situation. The intent of
this application is to provide the assurance that a doctor arriving at the hospital can park
easily and close to the records they need in order to serve patients promptly.
Summarv
It is the belief of the applicant that all eight criteria listed in the Land Development Code
have been met in this application. The design and limitation of the use on this property to
parking and the design of the parking to provide appropriate barriers and buffer allows for
the use to occur in the place its needed without adversely affecting the surrounding
neighborhood. The hospital has met with the neighborhood three times in an effort to
accommodate the needs of the hospital while at the same time providing safeguards to the
residents in its design. The hospital in committed to continue meeting with the
neighborhood to assure that the design of the facility has no negative effect upon it.
Cc: Kurt Bressner, City Manager
Quintus Green, Director of Development
Robert Hill, Bethesda Memorial Hospital
Tim Monaghan, Attorney
H:Clients/352.181Correspondence/Hudson081902
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Sep 25 02 02:07p
CIt~ Attorne~)s O~Fice
561-742-6054
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STRAWN, MONAGHAN & COHEN, P.A.
54 NORTHEAST FOURTH AVENUE
DELRAY BEACH. FLORIDA 33483
Attorneys and Counselors
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H lauderdale, Florida 33309
. .' (954) 484-0016
JEFFREY l. COHEN"
TIMOTHY E MONAGHAN
JOEL T STRAVom
TELEPHONE (561) 278-9400
TELECOPIER (561) 27B-9462
Of Counsel'
TCR:RY MEEK""
"Board Certifleo' in HeaIlO Care law
. P.O. a,OX 13441
Tallahassee. Flonda 32317-3341
(850)893-7821
E-MAIl.
TMONAGHANImSMCLAWFIRM.COM
September 19, 2002
VIA E-MAIL & U.S. MAIL
James A Cherof, Esq.
City Attorney
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: Conditions on BetheSda Memorial Hospital Rezoning Request
City of Boynton Beach File #: Land Use Amendment/Rezoning (LUAR 02-004)
Bethesda Hospital Physician Parking
Dear Jirn:
This letter is written with regard to Condition 2.c. of the Bethesda Rezoning
Ordinance relating to access to the property from South West 41h Street. during the
construction of the physician parking facilities. The initial draft of the ordinance limited
access from South West 4th Street to the delivery of landscape materials. I have discussed
this issue with the chief engineer for Bethesda Hospital and although he does not yet have
construction plans in hand, he anticipates that there may be a few other circumstances
wherein it would be inadllisable to limit access to the hospital side of the property.
By way of example, there are high tension wires along the eastern border of these
lots. These are the lines which supply power to the Hospital. If there are instances during
the project wherein it is necessary to use a crane or to unload heavy equipment. it may be
unsafe to access the property by passing under these power lines.
We understand the sensitillity of this issue and wish to proceed with this project in
a manner that will minimize any impact on our neighbors. For this reason, it is our intention
to conduct as much actillity from the Hospital side as practically possible.
We would suggest the following process. Once construction plans halle been
developed by the Contractor. we would like to sit down with the City's Building Department
. HEALTH CARE LAW. r()RPORATE. EMPLOYMENT.
. REAL ESTATE. ESTATES AND TRUSTS. GOVERNMENTAL.
Sep 25 02 02:07p
CIt~ Attorn@~~s Offic@
561-742-6054
p.3
James A. Cherof, Esq.
September 19, 2002
Page 2
and plan out the Project. At that time, we expect to be able to more specifically identify
those instances when it will be necessary to access the property from South West 4th
Street. We do not anticipate having any problems reaching an agreement with the City on
this issue. We think those circumstances requiring access from South West 4th Street will
be apparent to both the Hospital and to City staff. In any case, the attached language
makes any exception to the Condition subject to Building Department approval.
One final note, as you know, we will be going through a site planning process,
during which time we will be meeting with the neighborhood to receive their input on the
design of the Project. These neighborhood meetings will give us an opportunity to discuss
the construction process with the residents and advise them of the times during which it
will be necessary to utilize South West 4th Street.
Attached please find proposed language for an exception procedure relating to
condition 2.c. for the attached Rezoning Ordinance.
If you have any questions or comments, please call. We would like to make sure
that there is a consensus on these issues well in advance of the October 1, 2002 first
reading of the ordinance. Please keep me appraised during staffs review of this
submission.
Thank you lIery much.
Sincerely,
TEMIbI
Attachment
cc; Robert B. Hill, President
Kerry Kilday, Esq.
K\-tern\-bmh\rezoning physician parking 104.0211\Cjty of 88 Itr to Cherof.wpd
Sep 25 02 02:07p
CIt~ Attorne~Js Office
561-742-6054
p.4
ATTACHMENT
DRAFT
In response to a request by the contractor for the project, the Building Department
may approve exceptions to this condition, as necessary to accommodate specific
situations during the construction process where it is determined to be unsafe or
unreasonable to require access from the east side of the property. Any such rel!.uest
and approval shall seek to avoid or minimize any disruption to the adjacent
residential neighborh....
K:\-tern\-bmh\rezoning physician parking 104.021 HExceptions to condition
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DEPARTMENT OF DEVELOPMENT
. Building _ Planning & Zoning - Occupational Ucenses . Community Redevelopment
October 3, 2002
Ms. Maggie Woodall
2616 SW 5'" Street
Boynton Beach, FL
Dear Ms. Woodall:
This letter is in response to your request. made at the City Commission Meeting of October 1,
2002, that area residents be notified whenever Bethesda Hospital issues are on the City
Commission Agenda.
Please be advised that whenever a formal action, such as a rezoning. is initiated on any
parcel in the City, the staff of this department is required, by law, to notify all property owners
of record within 400 feet of the affected parcel. '. This was the procedure followed in the case
of the request by Bethesda Hospital to rezone property on SW 4'" Street
However, this legal notification requirement only applies to the initial public hearing in such
cases. Given this fact, as well as the fact that the area of interest involving the Bethesda
Hospital rezoning case now extends to residents far beyond the 400-foot radius, it would be
prohibitively expensive to provide such a notification each time any item involving Bethesda
appeared on the City Commission agenda.
As an altemative means of keeping area residents informed, the staff of this department
provides copies of City Commission agenda items and relevant backup materials regarding
Bethesda Hospital to three (3) designated neighborhood representatives. These individuals,
in tum, are responsible for conveying this information to their neighbors.
The three individuals are:
Scott Pape
Michelle Hoyland
Bob Bordelon
(561) 243-7040 (office)
(561) 243-7040 (office)
(561) 523-3063 (cell)
We recommend contacting one of these individuals should you have further questions or
require additional information conceming the current issues involving the relationship of your
neighborhood to Bethesda Hospital.
Sincerely,
Am
/0}L~
'---' QUintus Greene
Development Director
City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 . Boynton Beach, Florida 33425-0310
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DEPARTMENT OF DEVELOPMENT
Planning and Zoning Division
. Bui/ding . Planning & Zoning . Occupational Licenses . Community Redevelopment
June 20, 2002
Ms Anna Yes key
Clearinghouse
9835-16 Lake Worth Road, Suite 223
Lake Worth, Florida 33467
Re: Bethesda Memorial Hospital Parking
File No. LUAR 02-004
Location: Six properties located on the east side of SW 4th Street (2700 Block)
totaling 1.43 acres. PCNs 08-43-45-33-01-001-0010,0030,0050,0060,
0070 and 0080
Dear Anna:
Attached is the completed Executive Summary for the above-reference Comprehensive
Plan Amendment.
If further information is needed, please contact me at (561) 742-6264.
Sincerely
Ala
Dick Hudson, Senior Planner
Ene!:
\ \CH\MAIN\SH RDA T A \PLA.NNING\SHARED\ WP\PRQJECfS\BETHESDA \LUAR 2002\IPARC CDVER.DOT
City of Boynton Beach. 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach. FL 33425-0310
Phone: (561) 742-6260 . Fax (561) 742-6259 . www.ci.boynton-beach.fl.us
Page 1 of2
EXECUTIVE SUMMARY FOR COMPREHENSIVE PLAN AMENDMENTS
DATE: June 20. 2002
Reference #: LUAR 02-004
General Information
Initiating Local Government: City of Boynton Beach
Contact Person: Dick Hudson. Senior Planner
Address: 100 E. Boynton Beach Boulevard. Boynton Beach. FL 33425
TelephonefFax: (561) 742-6264/(561) 742-6259 fax
Applicant! Agent Kilday & Associates. Inc.lKieran Kilday
TelephonefFax: (561) 689-5522/ (561) 689-2592 fax
Proposed Comprehensive Plan Textual Amendments
General Surnmary of Amendments:
, _ amendments relating to traffic circulation or the roadway networks
_ amendments relating to affordable housing
Amendments related to the following elements:
- land use
- traffic circulation
- mass transit
ports and aviation
_ housing
- infrastructure sub-elements
_ coastal management
- conservation
_ recreation and open space
_ intergovernmental coordination
_ capital improvements
- other
i
I Summary of addition (s) to adopted comprehensive plan:
Page 2 of2
Summary of proposed change (s) to adopted comprehensive plan:
Proposed Amendments to the Future Land Use Map
Location of proposed map amendment (include a location map): Six properties located on the east side of SW 4th Street (2700
Block). PCNs 08-43-45-01-0010. 0030. 0050, 0060. 0070, and 0080
Size of Area Proposed for Change (acres): 1.43 acres
Present Future Land Use Plan Designation (include a density/intensity definition): Low Density Residential (4.84 do/ac)
Proposed Future Land Use Designation (include a density/intensity definition): Public & Private GovernmentaVInstitutional
(PPGl)
Present Zoning of Site (include a density/intensity definition): RlAA(Single Family Residential- 5.40 do/ac
Proposed Zoning of Site (include a density/intensity definition) Public Use (PU)
Present Development of Site: Three single family homes and three vacant lots
Proposed Development of the Site, if known (Number of Dwelling Units; Commercial Square Footage; Industrial Square
Footage; Other Proposed usage and intensity): Auxiliary parking structure
Is proposed change a Development of Regional Impact? N/A
Comprehensive Plan Change Processing
Daterrime/Location Scheduled for Planning & Development Board
July 23. 2002/7:00 p.m.lCity Commission Chambers. 100 E. Boynton Beach Blvd., Boynton Beach, FL
Date/Time/Location Scheduled for LP AlGoverning Body Public Hearing
August 6. 2002/6:30 p.m.lCity Commission Chambers, 100 E. Boynton Beach Blvd.. Boynton Beach, FL
Scheduled Date for Transmittal to DCA September 10.2002
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Commissioner Mike Ferguson
City of Boynton Beach
PO Box 3 10
Boynton Beach, FL 33425
July 22, 2002
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Boynton Beach, FL 33435
RE: Bethesda Hospital Application for Rezone of SW 4th St Parcel
Dear Commissioner:
Please accept this as notice of opposition against the proposed rezoning requested by
Bethesda Hospital on SW 4th Street. We feel the impact on the overall neighboring
subdivisions will be negative in relation to property values and the way of life. Since we
are a major portion of the residential tax base, we feel our opinions should be taken into
consideration. Thank you in advance for your consideration.
~
Sincerely.
RECEIVED
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CITY MANAGER'S OFFICE
Mike Rumpf
Planning and Zoning Director
100 East Boynton Beach Blvd.
PO Box 310
Boynton Beach, FL 33425
July 17,2002
Yvonne Cacioli / Kimberly Traber
2619 SW 4TH Street
Boynton Beach, FL 33435
RE: Bethesda Hospital Application for Rezone of SW 4th St. Parcel
Dear Director Rumpf:
Please accept this as a notice of opposition against the proposed rezoning requested by
Bethesda Hospital on SW 4th Street. We feel the impact on the overall neighboring
subdivisions will be negative in relation to property values and our way oflife. Since we
represent a major portion of the residential tax base, we feel our opinions should be taken
into consideration. Thank you in advance for your consideration.
Sincerely,
~
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KIm y Traber
Commissioner Mike Ferguson
City of Boynton Beach
PO Box 310
Boynton Beach, FL 33425
July 22, 2002
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Boynton Beach. FL 33435
RE: Bethesda Hospital Application for Rezone of SW 4th St Parcel
Dear Commissioner:
Please accept this as notice of opposition against the proposed rezoning requested by
Bethesda Hospital on SW 4th Street We feel the impact on the overall neighboring
subdivisions will be negative in relation to property values and the way oflife. Since we
are a major portion of the residential tax base, we feel our opinions should be taken into
consideration. Thank you in advance for your consideration.
Sincerely,
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July 15. 2002
Mr. Mike Rumpf
Planning and Zoning Dir.
P.O. Box 310
Boynton Beach, FL 33425
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RE: Bethesda Memorial
Amendments Along S
1 Use Map
Dear Mike:
This letter is in regards to the de dlentioned above. As you are
probably aware Bethesda Hospita, _^pand their campus into the "Chapel
Hill" residential neighborhood. I , _.<lng to make you aware of this residential
community's opposition to the proposaL Find attached a petition that has been
distributed to residents within our community. This petition indicates that there is an
overwhelming opposition to the proposed incursion. Please include this petition and my
letter in the staffreport for the applications associated with the proposed garages.
There are no planning principles that would support these actions. They will only serve
to fracture one of the most important residential communities in the City. This
community is widely recognized as one of the most desirable communities in Palm Beach
County by evidence of the rapidly rising property values.
If you have any questions, please contact me at 738-4633.
Sincerer
j" ~
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2715 SW 4th Street
Boynton Beach, FL 33435
The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map, Zoning Map, and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are Opposed to
the proposed changes to the Future Land Use Map, Zoning Map, and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map, Zoning Map, and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map. Zoning Map, and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
Siqnature
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map. Zoning Map, and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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Address
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map. Zoning Map. and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map, Zoning Map, and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map, Zoning Map. and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
SiQnature
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map, Zoning Map, and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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The undersigned hereby oppose the unwanted expansion of Bethesda Hospital into the existing
single family neighborhood on the west side of the hospital. The undersigned are opposed to
the proposed changes to the Future Land Use Map, Zoning Map. and Site Plan for a proposed
parking garage for properties located along SW 4th Avenue in our community. The undersigned
request that the City of Boynton Beach deny these proposals and protect the established
residential character of our neighborhood.
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