AGENDA DOCUMENT
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turncd Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December IS, 2007 December 3, 2007 (Noon) D February 19, 200S February 4, 200S (Noon)
D January 2, 200S December 17, 2007 (Noon) D March 4, 200S February 19, 200S (Noon)
rgJ January 15, 200S December 31, 2007 (Noon) D March IS, 2008 March 3,2008 (Noon)
D February 5, 200S January 14, 2008 (Noon) D April I, 200S March 17, 200S (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda rgJ Legal
D Code Compliance & Legal Settlements D Unfmished Business
D Public Hearing D
RECOMMENDATION: Please place this request on the January 15, 2008 City Commission Agenda under
Legal, Ordinance - Second Reading. The City Commission on January 2, 2008 approved this item under Public Hearing and
Legal, Ordinance - First Reading, noting that the conditions of approval would be updated to recognize/document the revised
sign design as represented by the agent at the January 2nd public hearing. For further details pertaining to this request, see
attached Department Memorandum No. 07-123.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ticket Clinic (ANEX 07-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Jer Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
Request to annex the subject property (0.37 acres).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
r
City Manager's Signature
/'1 .. ..11
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4--. L-~-
Planning & Zoning Di eto City Attorney / Finance
S:\Planning\SHAIi.ED\WP\PROJECTS\Ti et Clinic\ANEX 07-001 \Agenda Item Request Ticket Clinic ANEX 07-001 l-15-0S.doc
Assistant to City Manager
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 07-123
Chair and Members
Planning & Development ~_aJd and City Commission
~~r
Gabriel Wuebben
Planner 0" 4
t UJU
Michael W. Rumpf ;'l..-
Director of Planning and Zoning
November 7, 2007
Ticket Clinic /(ANEX 07-001) (LUAR 07-005)
To annex a 16,088 square foot (0.37-acre) parcel, to reclassify
land use to Local Retail Commercial (LRC), and to rezone to C-3,
Community Commercial.
PROJECT DESCRIPTION
Jer Enterprises, LLC
Mr. Ted Hollander / Bradley Miller, Miller Land Planning
Consultants Inc.
3349 North Federal Highway, south of Turner Road on the east
side of Federal Highway, (see Exhibit "A" - Location Map)
16,088 square feet (0.37 acre)
CHIS Commercial High (Palm Beach County)
CG General Commercial (Palm Beach County)
Local Retail Commercial (LRC)
C-3, Community Commercial
The applicant intends to refurbish the existing building, improve
the parking and landscaping, and use the existing structure for
professional offices. A site plan application has been filed and is
currently under review.
fJage 2
Ticket Clinic
ANEX 07-001 and LUAR G, JOS
Adjacent Uses:
North:
Developed commercial property classified in Palm Beach County
as Commercial High (CHS), and zoned as General Commercial
(CG) in Palm Beach County (J&L new Antiques and Outdoor
Patio);
South:
Undeveloped residential property recently approved as Tuscan
Villas, classified as Special High-density Residential (SHDR) land
use and zoned Infill Planned Unit Development (IPUD);
East:
Developed single-family residential subdivision (Tradewinds
Estates) classified in Palm Beach County as Medium Density
Residential (MR-S), and zoned Sing!e-Family Residential (RS) in
Palm Beach County; and
West:
Right-of-way for Federal Highway, then farther west is property
classified as Special High Density Residential (SHDR) and zoned
Planned Unit Development (PUD), approved for 109 townhomes
(forthcoming GuffstreamGardens II project).
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation / land use amendment / rezoning for
the following reasons:
1. The requested annexation is consistent with the objectives of the City's annexation
program, which emphasizes the annexation of enclaves, and relevant policies in the
Comprehensive Plan;
2. The requested land use and zoning are consistent with respective current designations
in unincorporated Palm Beach County;
3. The request will not create additional impacts on infrastructure that cannot be
accommodated by the City at present;
4. The requested land use and rezoning will provide the opportunity to return a blighted
and derelict property into an appealing, code-compliant site (NWSP 07-009) at the
southern gateway to Boynton Beach; and,
5. The requested change would help to further provide an economic contribution to both
the neighborhood and to the City.
Page 3
Ticket Clinic
ANEX 07-001 and LUAR 0, ;05
PROPERTY OWNER NOTIFICATION
Owners of properties within 400 feet of the subject annexation I land use amendment /
rezoning were mailed a notice of this request and its respective hearing dates. The applicant
certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007.
PROJECT ANALYSIS
The parcel which is the subject of this request for annexation, land use amendment, and
rezoning totals 16,088 square feet or 0.37 acre. Because of the size of the property under
consideration, the Florida Department of Community Affairs classifies this amendment as a
"small scale" amendment. A "small-scale" amendment is adopted prior to forwarding to the
Florida Department of Community Affairs, and is not reviewed for compliance with the state,
regional and local comprehensive plans prior to adoption. The site is currently developed with a
one (l)-story, 2,400 square foot commercial building and an existing asphalt parking lot.
Previously, Gulfstream Carpet occupied the site, however, the business is no longer active, and
the building has been unoccupied for several months.
The PTOP()s~d land use amendment I rezoning application is being reviewed concurrently with
an accompanying request for annexation. The subject property's current land use classification
is Commercial High with underlying Medium Density Residential of five (5) dwelling units per
acre (Palm Beach County CHIS). The applicant is requesting to annex into the City to utilize the
Local Retail Commercial (LRC) land use classification and the Community Commercial (C-3)
zoning district. The proposed land use classification (LRC) is the city's equivalent to the
County's CHIS land use classification, in terms of the allowable uses and respective intensities.
Therefore, the requested land use amendment / rezoning application meets the conditions
specified in Chapter 2, Section 9.C.2(2) of the Land Development Regulations stipulating that in
cases of annexation in which the Future Land Use and Zoning classifications of applicant Palm
Beach County properties are consistent with Future Land Use and Zoning classifications in the
City's Comprehensive Plan, the standard criteria for qualifying the change in Land Use and the
Rezoning maintained in Chapter 2, Section 9.C.7, shall not be applied. Since this is the case,
the request is relatively straightforward and would not require an evaluation of the eight (8)
criteria against which rezoning applications are normally reviewed, as outlined in Chapter 2,
Section 9.C.7 of the Land Development Regulations. Instead, staff analysis will relate to
consistency with other relevant portions of the Comprehensive Plan, the city's annexation
policy, service capability, and the conforming I non-conforming status of the property and uses.
The only policy in the Comprehensive Plan that would be pertinent to this request for
annexation I land use amendment I rezoning would be Policy 8.10.4, which states the
following:
8.10.4: The City shall coordinate with Palm Beach County regarding the prevention of
enclaves, pockets, or other undesirable land configurations adjacent to, or in the
proximity to, corporate limits, prior to annexation of any parcels into the City.
The annexation of the subject property will further the efforts to annex enclaves and pockets as
promoted by the county and practiced by the City. Currently, objectives of the City's
annexation policy include annexing all enclaves and pockets less than 10 acres, and to
Page 4
Ticket Clinic
ANEX 07-001 and LUAR U'i JOS
incrementally annex enclave and pocket properties with the intent to reducing them below the
10-acre threshold. Therefore, the annexation of this parcel is consistent with the only policy
within the Comprehensive Plan regarding annexation.
Existing land uses along the U.S. 1 frontage are predominately retail; therefore a Local Retail
Commercial (LRC) land use designation and Community Commercial (C-3) zoning category are
appropriate, both for lots which are presently in the City, and for those which will be annexed.
The subject property lies within Planning Area V as designated in the Federal Highway Corridor
Community Redevelopment Plan. Area V contains a mix of land uses, including commercial
uses, on small parcels. The residential nature of Planning Area V is to be preserved according
to the Federal Highway Redevelopment Plan, which serves as the foundation for the creation of
the Infill Planned Unit Development zoning district. However, although residential uses are
encouraged in the redevelopment of Planning Area V, the subject property is insufficient in size
to support a residential project.
In connection with previous annexation studies, city departments most affected by annexations
(e.g. Police, Fire, and Public Works), have been surveyed for issues related to service capability
and costs. All opinions previously collected from these departments supported the incremental
annexation of enclaves. These opinions have been based on the following:
1. The enclaves are all immediately adjacent to areas within the city that currently receive
urban services;
2. Ample service capacity exists to serve adjacent unincorporated properties; and
3. Most enclaves currently receive service from the city via the mutual aid agreement
(Police and Fire / EMS only);
With respect to impact upon roadways, the Palm Beach County Traffic Division has yet to
review the project to confirm that it meets Traffic Performance Standards of Palm Beach
County. The applicant must provide evidence of Traffic Concurrency prior to ordinance
adoption.
The Police and Fire Departments report that this project has been reviewed for potential service
impacts and availability, and based on the proposed use, office /professional space, it has been
determined that services allocated to., or existing within the area are adequate to provide the
project with a necessary level of service.
With respect to the status of the site and any existing or proposed uses, the property appears
to have been abandoned for some time. This conclusion is based on the lack of property
maintenance, the dilapidated condition of the existing building, and lack of intact site and
building signage. The site generally conforms to the City's site regulations including minimum
lot area and frontage, as indicated by the survey and other site plan documents simultaneously
submitted for new site plan approval (NWSP-07-Q06). There is however, a site sign proposed
for the project that would not conform to the city's sign regulations with respect to maximum
height and minimum setback. The proposed sign is actually in place, and staff understands that
it was the subject of a county sign permit. However, staff also understands that its current
location is inconsistent with the corresponding permit, and that it may have been initially
Page 5
Ticket Clinic
ANEX 07-001 and LUAR cr,-oos
planned for an existing sign structure located at the southwest corner of the property. Instead,
it was erected with a new structure just north of the existing driveway with the intent that its
placement would be followed-up with a corresponding amendment to the sign permit.
The City's sign regulations (Part 3, Chapter 21) require that all non-conforming signs annexed
into the city be brought into compliance within 6 months of annexation. However, given the
lack of county approval, and since the request for annexation is being accompanied by a
request for site plan approval, the sign has no official pre-existing status and should therefore
be brought into compliance with city regulations as a condition of annexation. In addition to
providing a sign that complies with the City's height and setback standards, it should also be
modified to provide a color scheme and letter size that is more compatible with the vision for
the corridor, which in part, is represented by the existing and proposed residential projects
along the corridor. More recently approved signage in this area along Federal Highway is
typically constructed of decorative stone and brick, with stylized lettering and an emphasis on
aesthetic quality: EXisting signs in the corridor represent a combination of a varietY. of old
commercial signs, most of which were recently identified by the County as part of a non-
conforming sign study, and new residential signage that is consistently seen as part of entry
walls and other features, using block and stucco, tile, scoring, channel letters and external
illumination. Although commercial developments typically do not present the same opportunity
for highly stylized signage, the Oty should attempt to maintain a minimum standard with
respect to the quality of signage permitted. Staff recommends that the applicant revisit the
design of the sign face in an effort to bring the proposed signage more in line with that of the
surrounding area, with particular emphasis on colors and lettering (For additional information
on this sign, see Exhibit "C" - Conditions of Approval, Exhibit "D" - Federal Highway Signage
Examples, and the staff report for the corresponding site plan application).
CONCLUSIONS/RECOMMENDATIONS
As indicated herein, this request is consistent with the intent of the Comprehensive Plan; would
not create additional impacts on infrastructure that have not been anticipated in the
Comprehensive Plan; would be compatible with adjacent land uses and would contribute to the
overall economic development of the City. Therefore, staff recommends that the subject
request be approved. If additional conditions of approval are recommended by the Community
Redevelopment Agency Board or required by the City Commission, they will be included as
Exhibit "e" - Conditions of Approval.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Ticket Clinic\LUAR 07-005\Staff Report - Ticket Clinic LUAR.doc
. Ticket Clinic - Exhibit ..A.. - Site Location Map
3349 N. Federal Hwy. - ANEX 07-0l)1/LUAR 07-005
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)RAWINGS\Site Plan Tart Comments.dwg, 1. <,2/20074: 11:12 PM, Adobe PDF
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EXHIBIT "C"
Conditions of Approval
Project name: Ticket Clinic
File number: ANEX 07-001/LUAR 07-005
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
2
PLANNING AND ZONING
Comments:
l. All signage must be approved concurrent with the request for Annexation X
and Land Use/Rezoning, in conjunction with site plan approval. Ultimate
signage must be reduced in maximum height from the reported 14' to 8',
and shall be setback a minimum of ten-feet (10') from any property
boundary.
2. The applicant shall modify the proposed sign colors and lettering to X
improve aesthetic compatibility with new signage in the corridor. Staff
recommends that the sign be occupied predominantly by muted colors,
more subtle copy, with the corporate colors being limited to a smaller
portion (approx. 20%) of the sign. Further, staff recommends the use of
block and stucco, tile, scoring, channel letters, stone and/or other
materials to achieve compatibility with the intended appearance of the
corridor. The intent of this condition may also be satisfied through the use
of other materials applying a faux design concept to meet the appearance
objective.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
l. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
l. The monument sign shall be modified to match the graphic presented by the X
applicant at the January 2, 2008 Commission meeting, consisting of a white
background, company logo on the left, " The Ticket Clinic" on the right,
with "The" and "Clinic" in black letters, "Ticket" in yellow, and the phone
number in smaller font, in black, on a yellow background at the bottom.
S:\Planning\SHARED\WP\PROJECTS\Ticket C1inic\LUAR 07-005\COA Ticket Clinic,doc
...,
Exhibit "0" - Federal Highway Signage Examples
-.,...,
-
THE p... #M BEACH POST
Pubh&.1ed Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
~
<.Q
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Marc Kramer, who on oath
says that he is Inside Sales Supervisor of The Palm Beach Post, a daily and Sunday
newspaper, published at West Palm Beach in Palm Beach County, Florida; that the
attached copy of adyertising for a Notice in the matter of LUAR 07-005 was
published in said newspaper in the issues of November 17. & 27. 2007, Affiant
further says that the said The Post is a newspaper published at West Palm Beach, in
said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Palm Beach County, Florida, daily and Sunday and has
been entered as second class mail matter at the post office in West Palm Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant further says that she/he
has neither paid nor promised any person, firm or corporation any discount rebate,
commission or refund for the purpose of securing this advertisement for publication in
the said newspaper.
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Sworn" "d ,"b~ri"'" "'fore 27" d" OfN'it:D. 2~
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,
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Personally known XX or Produced Identification
Type of Identification Produced
""'~~';:t',,, Karen M, McLinton
g~~":"l' '~....\ Commission # DD359566
~~:.~,:';'~EIpL."CS: NOY. 15, 2008
-:';:'-i"DF .f,..~"~ ~onded. Thru
'"''/lin''' .....tlantc Bonding CO'l Inc.
NO. 9300626R
NOTICE OF PUBLIC HEARING
NOTICE OF LAND USE AMENDMENT
NOTICE OF REZONING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY
OF BOYNTON BEACH, flORIDA, will conduct a PUBUC HEARING, on Tuesday,
November 27, 2007 at 6;30 p,m, in the CITY HAU COMMISSION CHAMBERS,
1 00 ~t Bayntan Beach Boulevard, to consider this request ;uomiHed by Miller land
Planmng Consultonts, Inc, on behalf of JER Enterprises, ue. The City Commission ai
THE CflY OF BOYNrON BEACH, flORIDA, in its dual role as local Planning Age '
will also hold public hearings to consider this request an Tuesday, December 18, "lOuT
and Wednesday, January 2, 2008, Each hearing willloke place at 7;00 p,m" or as
soon thereafter as the agenda permits at the CITY HAU COMMISSION CHAMBERS,
100 East Boynton Beach Boulevard, The request is described as follows;
lOCATION: 3349 North Federal Highway lEast side of Federal Hwy;
north of Gullstream Blvd,)
Annex the subject property; ,37 acres
Amend the Comprehensive Plan Future land Use Mar
From . CH/5 Commercial High/with underlying Medium
Density Residential of 5 du/ac IPalm Beach
County}
To - LRC lacal Reto"l Commercial
REQUEST:
, REQUEST:
REQUEST: Rezone;
From - CG General CommerciallPalm Beach County}
To. C-3 Community Commercial
PROPOSED USE: Prolessianal Office
LEGAL DESCRIPTION: On Rle in the Office of Planning and Zoning
Tlo;Mt Cl...... 13349 II.~"'" Hw)I.J
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~is r""uest can be viewed between the hours of 8;00 a,m, ond 5;30 p,m, at the
City of Boynton Beach Plonning ond Zoning Division, 100 Eost Boynton Beach
Boulevard: '
All interested parties are notified to appear ot soid heorings in person or by
attorney and be heard, Any person who decides to appeol any decision of the
Planning and Development Board or City Commission with respect to any matter
considered allhese meelings will need a record of the proceedings and for such
purpase may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be
based,
The City sholllurnish appropriate auxiliary aids and services where necessary to
afford an individual with a disability an equal oppartunity 10 participale in and
enjoy the benefits of a service, program, or activity conducted by the City. Please
contacl Palricia Tucker 15611 742-6268, alleasl twenty-four 1241 hours prior to
the program or adl'yiiy' in order for the City ;J ,ea~onobly accommodate your
request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISIOt--1
15611 742-6260
PUBLISH: November 17, 2007
November 27, 2007
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CI F BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Rcquested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D Decembcr 1 S, 2007 December 3, 2007 (Noon) D February 19, 2008 February 4, 200S (Noon)
k8J JanuaIY 2, 200S December 17,2007 (Noon) D March 4, 200S February 19,2008 (Noon)
D January 15, 200S December 31, 2007 (Noon) D March 18, 2008 March 3, 2008 (Noon)
D February 5, 2008 January 14,2008 (Noon) D April!,2008 March 17, 200S (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda rgJ Legal
D Code Compliance & Legal Settlements D Unfinished Business
g] Public Hearing D
RECOMMENDATION: Please place this tabled request on the January 2,2008 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The City Commission tabled the request on December 18, 2007 to
allow the applicant time to consider comments on project signage. The Commission questioned the sign size, compatibility
with area signage, the implications of the sign text (Le. "D,U.I"), and the necessity for both a wall and site sign. For further
details pertaining to this request, see attached Department Memorandum No. 07-123,
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ticket Clinic (ANEX 07-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc,
Jer Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
Request to annex the subject property (0.37 acres).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
~~..
Development Department Director
City Manager's Signature
Assistant to City Manager
~ tit;~
".. Planning & Zoning Di tor City Attorney / Finance
S:\Planning\SHARED\ WP\PROJECTS\Ticket Clinic\ANEX 07 -00 I \Agenda Item Request Ticket Clinic ANEX 07 -00 I 1-2-08.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
rgJ December IS, 2007 December 3, 2007 (Noon) D February 19, 200S February 4, 200S (Noon)
D January 2. 2008 December 17, 2007 (Noon) D March 4, 2008 February 19, 2008 (Noon)
D January 15, 2008 December 31, 2007 (Noon) D March 18, 200S March 3, 200S (Noon)
D February 5, 2008 January 14,2008 (Noon) D April1,2008 March 17,2008 (Noon)
D Announcements/Presentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda rgJ Legal
D Code Compliance & Legal Settlements D Unfinished Business
1ZJ Public Hearing D
RECOMMENDATION: Please place this request on the December 18, 2007 City Commission Agenda under
Public Hearing and Legal Ordinance - First Reading. The Planning and Development Board heard the request on November
27, 2007 and recommended that the request be approved, subj ect to all conditions of approval. For further details
pertaining to this request, see attached Department Memorandum No. 07-123,
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Ticket Clinic (ANEX 07-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc,
Jer Enterprises, LLC
3349 Federal Highway (East side of Federal Highway, north of Gulfstream Boulevard)
Request to annex the subject property (0.37 acres).
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development
City Manager's Signature
Assistant to City Manager
Planning & Zoning ector City Attorney / Finance
S '\Planning\SHARED\ WP\PROJECT icket Clinic\ANEX 07-001 \Agenda Item Request Ticket Clinic ANEX 07 -001 1 2-IS-07 .doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC