ZONING BOARD OF APPEALS STAFF REPORTS

City of West Palm Beach Development Services Dept. Planning Division 401 Clematis Street P.O. Box 3147 West Palm Beach, FL 33402 P: 561.822.1435 F: 561.822.1460 W: wpb.org

DATE:

June 29, 2016

TO:

Zoning Board of Appeals Members Samuel Thomas, Senior Assistant City Attorney

FROM:

Development Services/ Planning Division

SUBJECT:

Zoning Board of Appeals Meeting Thursday, July 7, 2016

Attached are the Planning Division’s Staff Reports and supporting information regarding applications for action before the City of West Palm Beach Zoning Board of Appeals. The Zoning Board of Appeals meeting will be held in the City Commission Chambers, City Hall, 401 Clematis Street, on July 7, 2016, beginning at 6:00 p.m. If you have any questions or require additional information, please feel free to contact myself or the respective Project Manager via e-mail or telephone. If you are unable to attend the meeting, please contact me at (561) 822-1441, or [email protected].

_______________________________________________ Angella Jones-Vann, AICP Planning and Zoning Administrator cc: City Commission

PLANNING DIVISION 401 CLEMATIS STREET P.O. BOX 3147 WEST PALM BEACH, FL 33402 561.822.1435

MAYOR Honorable Jeri Muoio

CITY COMMISSION Commission President Sylvia Moffett – District 1 Commissioner Cory Neering – District 2 Commissioner Paula Ryan – District 3 Commissioner Keith James – District 4 Commissioner Shanon Materio – District 5

ZONING BOARD OF APPEALS MEMBERS Ms. Rae Franks, Chairperson Mr. Alan Steinberg, Vice Chairperson Mr. James Carman Mr. Monte Lambert Mr. Christopher Heggen Mr. Scott Holtz, First Alternate Ms. Malaika C. Barlow, Second Alternate Mr. Samuel Thomas, Senior Assistant City Attorney Ms. Cindy Pazmino, Board Secretary

ZONING BOARD OF APPEALS AGENDA CITY OF WEST PALM BEACH July 7, 2016 TIME:

1:30 p.m.

PLACE:

Commission Chambers City Center, 401 Clematis Street

I.

Call to Order/Roll Call/Pledge of Allegiance

II.

Minutes

III.

Report from the Zoning Staff

IV.

Remarks by the Chairperson

V.

Declaration of Ex-parte Communication

VI.

Public Hearing A.

Swearing in of the Speakers

B.

Continued Cases 1.

Zoning Board of Appeals Case No. 3330: A request by John R. Eubanks, Jr., Esq., of Breton, Lynch, Eubanks & Suarez-Murias, P.A., on behalf of Waterview Towers Condominium Association, Inc., and Gerald Waldman, for an administrative appeal of the decision of the Plans and Plats Review Committee rendered on August 12, 2015, relating to the approval of Formal Site Plan Review Case No. 15-04, Palm Harbor Dock Relocation. Location: The Palm Harbor Marina is located generally at 400 North Flagler Drive, within Commission District No. 3 – Paula Ryan. Case Manager: Phone: E-mail:

C.

Eric Schneider, Principal Planner (561) 822-1446 [email protected]

Zoning Board of Appeals Cases 1.

Zoning Board of Appeals Case No. 3332: A request by Rod A. Feiner, Esq., of Coker and Feiner, on behalf of Sharja Property, Inc., for a Class B Special Use Permit, to allow the expansion of an existing convenience store with accessory motor fuel sales in the General Commercial (GC) zoning district.

Location: The approximately 0.68 acre property is located at the northwest corner of North Military Trail and 45th Street, within Commission District No. 4 – Keith James. Case Manager: Phone: E-mail: 2.

Linda Louie, Planner (561) 822-1458 [email protected]

Zoning Board of Appeals Case No. 3338: A request by Josh Nichols, LEED AP, of Jon E. Schmidt and Associates, on behalf of Oasis Life Center, Inc., for a Class B Special Use Permit to allow a drug and alcohol inpatient detoxification facility (Group Home Type V) in the General Commercial (GC) zoning district. Location: The approximately 0.32 acre property is located at 539 Ogston Street, within Commission District No. 5 – Shanon Materio. Case Manager: Phone: E-mail:

D. VII.

Linda Louie, Planner (561) 822-1458 [email protected]

Administrative Appeals

Unfinished Business

VIII. New Business IX.

Other Business

X.

Adjournment

All interested parties may appear at the above Public Hearing at the stated time and place and be heard with respect thereto. Please be advised that should any interested person seek to appeal any decision made by the Zoning Board of Appeals with respect to any matter considered at such hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which an appeal is to be based. In accordance with the provisions of the Americans with Disabilities Act (ADA), persons in need of a special accommodation to participate in this proceeding shall, within three working days prior to any proceeding, contact the City Clerk’s office, 401 Clematis Street, West Palm Beach, Florida 33401, {(561) 822-1210}. Exact legal descriptions of the property involved may be obtained from the Planning Division of the City of West Palm Beach. PUBLISH:

The Palm Beach Post Monday, June 27, 2016

F:\Planning and Zoning\Zoning Board of Appeals\agenda\2016agen\16July7.ag.docx

Zoning Board Attendance Fiscal Year 2015-2016

Rae Franks (Chair)

Alan James Steinberg Carman (Vice Chair)

Monte Christoper Scott Holtz Lambert (1st Alt) Heggen

Malaika Barlow (2nd Alt)

No Meeting

1-Oct-15 5-Nov-15

P

A

P

A

P

A

3-Dec-15

P

P

P

P

P

P

7-Jan-16

P

A

P

P

P

P

4-Feb-16

P

P

P

P

A

P

3-Mar-16

P

P

P

P

P

A

7-Apr-16

Canceled

Canceled

Canceled

Canceled

Canceled

5-May-16

P

P

A

P

P

P

N/A

Present

6

4

5

5

5

4

0

Absent

0

2

1

1

1

2

0

Canceled Canceled

2-Jun-16 7-Jul-16 4-Aug-16 1-Sep-16

Attendance: a: The absence of a member or alternate member from three (3) consecutive meetings without cause and the prior approval of the Chairperson shall be deemed cause for removal by the Mayor. The Planning & Zoning Administrator shall forward to the Mayor the name of any member who has been absent without cause and the prior approval of the Chairperson from three consecutive meetings.

b:

Any member unable to attend a meeting must advise the Zoning Secretary or the Chairperson of such prior to the meeting. The absence of a member caused by a unique or unforeseeable event or occurrence shall be deemed with cause.

c:

The Recording Secretary shall notify the members when a member has been absent from two (2) or more consecutive meetings. The Planning & Zoning Administrator shall also notify each member of his/her attendance record each year at the annual meeting.

Zoning Board Attendance Fiscal Year 2015-2016

Publication Date: 06/27/2016

THE PALM BEACH POST REAL NEWS STARTS HERE | MONDAY, JUNE 27, 2016

B7

Daily Law Journal This E-Sheet(R) is provided as conclusive evidence that the ad appeared in the newspaper on the date and page indicated. You may not create derivative works or in any way exploit or re-purpose any content.

Advertiser: CITY OF WEST PALM BEACH Section/Page/Zone: LOCAL/007/PPBP Description: ZONING BOARD OF APPEALS AGENDACITY 1190462 1 x 8.52777 B&W Insertion Number: Size: Color Type:

Ad Number:

618016

Client Name:



Legal Notices NOTICE OF SOLICITATION [S] NO. 17C-001T D TITLE- DISTRICT-WIDE FILTER REPLACEMENT SERVICES/PREVENTIVE MAINTENANCE SERVICES OPENING DATE- JULY 25, 2016 @ 2:00 PM EST ALL QUESTIONS AND INQUIRIES ARE DUE BY JULY 18, 2016 BY 5:00 P.M. SOLICITATIONS ARE ALSO AVAILABLE, AT NO CHARGE, ON THE INTERNET AT http://www.palmbeachschools.org/ purchasing/bids/ The School District of Palm Beach County is an Equal Education Opportunity Provider and Employer PUB: The Palm Beach Post 6-27/2016 #617906 NOTICE OF TIME PERIOD IN WHICH ANY LANDOWNER CAN REQUEST HIS OR HER NAME TO APPEAR ON THE OFFICIAL BALLOT FOR ELECTION OF SUPERVISORS FOR THE SOUTH INDIAN RIVER WATER CONTROL DISTRICT NOTICE IS HEREBY GIVEN that any landowner within SOUTH INDIAN RIVER WATER CONTROL DISTRICT who wishes his or her name to appear on the Official Ballot for Election of Supervisors for the South Indian River Water Control District should send written notification to the District’s Office at 15600 Jupiter Farms Road, Jupiter, Florida 33478. Two (2) supervisors will be elected for terms of three (3) years each. Both supervisors to be elected must own land in the District and at least one supervisor to be elected must reside in the area of the District east of the South Florida Water Management District Canal 18. Notification should be directed to the attention of Holly Rigsby prior to 4:30 p.m. on July 15, 2016. It will be necessary for each candidate to submit a short informational paragraph which will be provided to the landowners. Each candidate must also submit a notarized oath of residency in a form to be provided by the District. The Annual Landowners’ Meeting is scheduled for September 15, 2016 at 7:00 p.m. at the Jupiter High School, 500 N. Military Trail, Jupiter, Florida. DATED this 24th day of June, 2016. BOARD OF SUPERVISORS SOUTH INDIAN RIVER WATER CONTROL DISTRICT By: Stephen Hinkle, President PUB: The Palm Beach Post 6-27/2016 #619884 PUBLIC NOTICE: CSX Railway proposes to erect 70-ft-tall PTC tower within CSX Right-of-Way at MLK: 26.77906, -80.10694, which will be licensed through the Federal Communications Commission (FCC). As part of its responsibilities assigned by FCC for compliance with National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA), CSX invites the public to notify CSX of any effects the placement of this tower may have on properties listed or eligible for listing in the National Register of Historic Places, or any concerns the public may have with regard to the potential impact the tower may have on natural and cultural resources subject to NEPA or NHPA review and consideration. Background information regarding the Positive Train Control (PTC) program may be accessed at FCC’s website (http://www.fcc.gov/encyclopedia/positive-train-control-ptc). Please direct your comments to Aubyn Williams at HDR, 200 W. Forsyth St., Suite 800, Jacksonville, FL 32202. Comments must be received within 10 days of this notice. PUB: The Palm Beach Post 6-27/ 2016 #618432 PUBLIC NOTICE The Village Council of the Village of Royal Palm Beach will conduct a public hearing in the Village Meeting Hall located at 1050-A Royal Palm Beach Boulevard on Thursday, July 7, 2016 at 7:00 p.m. or as soon thereafter as possible and continuing from time to time and place to place as necessary, at which time the following ordinances will be adopted: ORDINANCE NO. 932 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF ROYAL PALM BEACH, FLORIDA, AMENDING CHAPTER 15. LANDSCAPING AND VEGETATION MANAGEMENT. AT ARTICLE V. DESIGN STANDARDS. AT SECTION 15-130. MINIMUM LANDSCAPE REQUIREMENTS. IN ORDER TO PROVIDE THAT ALL NEW SINGLE-FAMILY DEVELOPMENTS SHALL PARTICIPATE IN THE VILLAGE STREETSCAPE PROGRAM; FURTHER PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 15. LANDSCAPING AND VEGETATION MANAGEMENT. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. A copy of the proposed ordinance is on file in the Village Clerk’s office for review by the public. Interested parties may appear at the hearing with respect to any proposed ordinance. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at this meeting or hearing, he or she will need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. The Village of Royal Palm Beach does not provide such a record. PUB: The Palm Beach Post 6-27/2016 #616969 ZONING BOARD OF APPEALS AGENDA CITY OF WEST PALM BEACH July 7, 2016 TIME: 1:30 p.m. PLACE: Commission Chambers City Center, 401 Clematis Street I. Call to Order/Roll Call/Pledge of Allegiance II. Minutes III. Report from the Zoning Staff IV. Remarks by the Chairperson V. Declaration of Ex-parte Communication VI. Public Hearing A. Swearing in of the Speakers B. Continued Cases 1. Zoning Board of Appeals Case No. 3330: A request by John R. Eubanks, Jr., Esq., of Breton, Lynch, Eubanks & Suarez-Murias, P.A., on behalf of Waterview Towers Condominium Association, Inc., and Gerald Waldman, for an administrative appeal of the decision of the Plans and Plats Review Committee rendered on August 12, 2015, relating to the approval of Formal Site Plan Review Case No. 15-04, Palm Harbor Dock Relocation. Location: The Palm Harbor Marina is located generally at 400 North Flagler Drive, within Commission District No. 3 – Paula Ryan. Case Manager: Eric Schneider, Principal Planner Phone: (561) 822-1446 E-mail: [email protected] C. Zoning Board of Appeals Cases 1. Zoning Board of Appeals Case No. by Rod A. Feiner

Legal Notices 1. Zoning Board of Appeals Case No. 3332: A request by Rod A. Feiner, Esq., of Coker and Feiner, on behalf of Sharja Property, Inc., for a Class B Special Use Permit, to allow the expansion of an existing convenience store with accessory motor fuel sales in the General Commercial (GC) zoning district. Location: The approximately 0.68 acre property is located at the northwest corner of North Military Trail and 45th Street, within Commission District No. 4 – Keith James. Case Manager: Linda Louie, Planner Phone: (561) 822-1458 E-mail: [email protected] 2. Zoning Board of Appeals Case No. 3338: A request by Josh Nichols, LEED AP, of Jon E. Schmidt and Associates, on behalf of Oasis Life Center, Inc., for a Class B Special Use Permit to allow a drug and alcohol inpatient detoxification facility (Group Home Type V) in the General Commercial (GC) zoning district. Location: The approximately 0.32 acre property is located at 539 Ogston Street, within Commission District No. 5 – Shanon Materio. Case Manager: Linda Louie, Planner Phone: (561) 822-1458 E-mail: [email protected] D. Administrative Appeals VII. Unfinished Business VIII. New Business IX. Other Business X. Adjournment All interested parties may appear at the above Public Hearing at the stated time and place and be heard with respect thereto. Please be advised that should any interested person seek to appeal any decision made by the Zoning Board of Appeals with respect to any matter considered at such hearing, such person will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which an appeal is to be based. In accordance with the provisions of the Americans with Disabilities Act (ADA), persons in need of a special accommodation to participate in this proceeding shall, within three working days prior to any proceeding, contact the City Clerk’s office, 401 Clematis Street, West Palm Beach, Florida 33401, {(561) 822-1210}. Exact legal descriptions of the property involved may be obtained from the Planning Division of the City of West Palm Beach. PUB: The Palm Beach Post 6-27/ 2016 #618016

Collect money or dust, your choice. Sell your items fast in the

CLASSIFIEDS 561-820-4343

Legal Fictitious Names Notice Under Fictitious Name Law Pursuant to Section 865.09, Florida Statutes NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of SIGNATURE SERVICING LLC located at 675 WEST INDIANTOWN RD., SUITE 103, in the County of PALM BEACH in the City of JUPITER, Florida 33458, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida. Dated at West Palm Beach, Florida this 27th day of June, 2016 ACE CUSTOMER SERVICES, LLC PUB: The Palm Beach Post #619578

Notice Under Fictitious Name Law Pursuant to Section 865.09, Florida Statutes NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of BEKA WILK located at 160 W. CAMINO REAL #113, in the County of PALM BEACH in the City of BOCA RATON, Florida 33432, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida. Dated at West Palm Beach, Florida this 23rd day of June, 2016. REBEKA BURNS PUB: The Palm Beach Post 6-27/2016 #619453

Notice Under Fictitious Name Law Pursuant to Section 865.09, Florida Statutes NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of SHAMAN’S CRYSTALS AND HERBS located at 410 EVERNIA ST., UNIT 113, in the County of PALM BEACH in the City of WEST PALM BEACH, Florida 33401, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida. Dated at West Palm Beach, Florida this 27th day of June, 2016 SARA RICHERTS PUB: The Palm Beach Post #619098

NOTICE UNDER FICTITIOUS NAME LAW PURSUANT TO SECTION 865.09, FLORIDA STATUTES NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the Fictitious Name of AAA Corporate Travel, with a mailing address of One River Place, 6 Fl., Wilmington, DE 19801, and a principal office located in Palm Beach County, intends to register the said name with the FL Dept. of State, Div. of Corps., Tallahassee, FL. Owner: AAA Club Alliance Inc. PUB: The Palm Beach Post 6-27/ 2016 #619488 NOTICE UNDER FICTITIOUS NAME LAW PURSUANT TO SECTION 865.09, FLORIDA STATUTES NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the Fictitious Name of AAA Allied Group, with a mailing address of One River Place, 6 Fl., Wilmington, DE 19801, and a principal office located in Palm Beach County, intends to register the said name with the FL Dept. of State, Div. of Corps., Tallahassee, FL. Owner: AAA Club Alliance Inc. PUB: The Palm Beach Post 6-27/ 2016 #619487

Legal Fictitious Names Notice Under Fictitious Name Law Pursuant to Section 865.09, Florida Statutes NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business under the fictitious name of COTTAGE OF MINIATURES/HUDSON RIVER MINIATURES located at 16040 MELLEN LANE, in the County of PALM BEACH in the City of JUPITER, Florida 33478, intends to register the said name with the Division of Corporations of the Florida Department of State, Tallahassee, Florida. Dated at West Palm Beach, Florida this 27th day of June, 2016 MARY C. GENTILE PUB: The Palm Beach Post #618948

Legal Foreclosures IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE No. 2014CA011548 NRPL TRUST 2013-1, Plaintiff, vs. SYLVESTRE, MAIRENIQUE, et. al., Defendants. RE-NOTICE OF FORECLOSURE SALE PURUSUANT TO CHAPTER 45 OF THE FLORIDA STATUTES NOTICE IS HEREBY GIVEN pursuant to an Order or Final Judgment entered in Case No. 2014CA011548 of the Circuit Court of the 15TH Judicial Circuit in and for PALM BEACH County, Florida, wherein, NRPL TRUST 2013-1, Plaintiff, and, SYLVESTRE, MAIRENIQUE, et. al., are Defendants, clerk Sharon R. Brock, will sell to the highest bidder for cash at, WWW.MYPALMBEACHCLERK.CLERKAUCTION.COM, at the hour of 10:00 a.m., on the 11th day of July, 2016, the following described property: UNIT 1010, BUILDING 10, OF VILLA DEL SOL CONDOMINIUM, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 17026, PAGE 1, AND ALL SUBSEQUENT AMENDMENTS THERETO, TOGETHER WITH ITS UNDIVIDED SHARE IN THE COMMON ELEMENTS, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA

Legal Foreclosures West Palm Beach, Florida 33401 Telephone: (561) 839-2959 Ext. 130 Facsimile: (561) 471-1141 Email: [email protected] (This email to be used for e-service only) By: ROBERT B. BURR, Esquire Florida Bar No. 82067 ALLEN E. ROSSIN, Esquire Florida Bar No. 373559 PUB: The Palm Beach Post 6-27, 7-4/ 2016 #619276 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 502015CA008804XXXXMB COLONIAL RIDGE RICHMOND, INC., A FLORIDA NOT FOR PROFIT CORPORATION, PLAINTIFF, V. UNKNOWN HEIRS, BENEFICIARIES, SPOUSE, DEVISEES, GRANTEES, ASSIGNEES, LIEN ORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE ESTA TE OF JOYCE CONNELL, DECEASED, ET AL., DEFENDANTS. ____________________________/ NOTICE OF SALE PURSUANT TO CHAPTER 45 NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure dated June 21, 2016, and entered in Case No. 502015CA008804XXXXMB of the CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT in and for Palm Beach County, Florida, wherein COLONIAL RIDGE RICHMOND, INC. is Plaintiff, and UNKNOWN HEIRS, BENEFICIARIES, SPOUSE, DEVISEES, GRANTEES, ASSIGNEES, UENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTlES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE ESTATE OF JOYCE CONNELL, DECEASED; JULIE CONNELL and JAMES CONNELL are Defendants, Sharon R. Bock, Palm Beach County Clerk of Court, will sell to the highest and best bidder for cash: www.mypalmbeachclerk.clerkauction.com, the Clerk’s website for online auctions, at 10:00 AM, on the26th day of July, 2016 the following described prope1ty as set forth in said Final Judgment, to wit:

Legal Foreclosures

to the provision of certain assistance. Please contact the ADA Coordinator at 561-355 4380 at Palm Beach County Courthouse, 205 North Dixie Highway, Room 5.2500, West Palm Beach, FL 33401 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. PUB: The Palm Beach Post 6-27, 7-4/ 2016 #618516 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA Case No: 502015CA005713XXXXMB WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006-RFC1, ASSET-BACKED PASS-THROUGH CERTIFICATES, Plaintiff, vs. LISETTE M. ROPERTO, et al., Defendants. _________________________________/ NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN that pursuant the Summary Final Judgment for Foreclosure dated June 21, 2016, and entered in Case No. 502015CA005713XXXXMB of the Circuit Court of the FIFTEENTH Judicial Circuit in and for Palm Beach County, Florida wherein WELLS FARGO BANK, N.A., AS TRUSTEE FOR CARRINGTON MORTGAGE LOAN TRUST, SERIES 2006RFC1, ASSET-BACKED PASS-THROUGH CERTIFICATES, is the Plaintiff and LISETTE M. ROPERTO; UNKNOWN SPOUSE OF LISETTE M. ROPERTO; FHB INVESTMENTS, LLC; FOREST HILL GARDENS PROPERTY OWNERS ASSOCIATION, INC. ; FOREST HILL GARDENS EAST CONDOMINIUM ASSOCIATION, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., AS NOMINEE FOR FMF CAPITAL, LLC; UNKNOWN TENANT #1; UNKNOWN TENANT #2, are Defendants, the Clerk of the Circuit Court will sell to the highest and best bidder for cash www.mypalmbeachclerk.clerkauction.com at 10:00 AM on July 26, 2016 the following described property set forth in said Final Judgment, to wit:

A Leasehold Interest in Apartment No. 203 of Colonial Ridge Richmond, Inc., a cooperative apartment building situated on the following described property:

Condominium Parcel No. 107, Building 6086, FOREST HILL GARDENS EAST, A CONDOMINIUM, according to the Declaration of Condominium thereof recorded in Official Records Book 3399, Page 612, as amended from time to time, of the Public Records of Palm Beach County, Florida.

Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within 60 days after the sale. DATED this 14th day of June, 2016.

A Parcel of land, lying in Lot 7, Block “A”, PALM BEACH SHORE ACRES, as recorded in Plat Book 7, Page 15, Public Records, Palm B e a c h C o u n t y, F l o r i d a , s a i d Parcel of Land being more specifically described as follows:

Any person or entity claiming an interest in the surplus, if any, resulting from the Foreclosure Sale, other than the property owner as of the date of the Lis Pendens, must file a claim on same with the Clerk of Court within sixty (60) days after the Foreclosure Sale.

GREENSPOON MARDER, P.A. TRADE CENTRE SOUTH, SUITE 700 100 WEST CYPRESS CREEK ROAD FORT LAUDERDALE, FL 33309 Telephone: (954) 343 6273 Hearing Line: (888) 491-1120 Facsimile: (954) 343 6982 Email 1: [email protected] Email 2: [email protected] By: David Merkur, Esq. IMPORTANT If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Clerk of the Court’s disability coordinator at 205 N. DIXIE HIGHWAY STE 3.23, WEST PALM BEACH, FL 33402, 561-355-2461. at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. #616334 6-20, 6-27/2016

From an intersection of the South line of said Lot 7 and the East Right of Way line of A-1-A, run due East along said South line a distance of705.75’ to the POINT OF BEGINNING.

DATED June 24, 2016 Jason Ruggerio, Esq. Florida Bar No. 71367 Lender Legal Services, LLC 201 East Pine Street, Suite 730 Orlando, Florida 32801 Tel: (407) 730-4644 Fax: (888) 337-3815 Attorney for Plaintiff Service Emails: [email protected] [email protected] PUB: The Palm Beach Post 6-27, 7-4/ 2016 #619787

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502016CA001531XXXXMBAW HIGH POINT OF DELRAY WEST CONDOMINIUM ASSOCIATION SECTION 1, INC., Plaintiff, vs. UNKNOWN PERSONAL REPRESENTATIVE, SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE ESTATE OF LEONARD J. DOBRY, DECEASED, AND ALL UNKNOWN PERSONS OR PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY; DONNA R. DOBRY; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNKNOWN TENANT #1 AND UNKNOWN TENANT #2, Defendants, _______________________/ NOTICE OF SALE PURSUANT TO CHAPTER 45 NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure dated June 21, 2016, and entered in Case No. 502016CA001531XXXXMBAW, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA, wherein, UNKNOWN PERSONAL REPRESENTATIVE, SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL OTHER PARTIES CLAIMING BY, THROUGH, UNDER, OR AGAINST THE ESTATE OF LEONARD J. DOBRY, DECEASED, AND ALL UNKNOWN PERSONS OR PARTIES HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, OR INTEREST IN THE PROPERTY; DONNA R. DOBRY; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; UNKNOWN TENANT #1 AND UNKNOWN TENANT #2, are Defendants, I will sell to the highest bidder at www.mypalmbeachclerk.clerkauction.com at 10:00 o’clock A.M., on the 26th day of July, 2016, the following described property as set forth in said Final Judgment, to wit: Condominium Unit No. 86 C, of HIGH POINT OF DELRAY WEST CONDOMINIUM SECTION I, according to the Declaration of Condominium thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Official Record Book 3257, page 946, and amendments thereto Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within 60 days after the sale. Dated at West Palm Beach, PALM BEACH County, Florida, on this 23rd day of June, 2016. ROSSIN & BURR, PLLC 1601 Forum Place, Suite 700 West Palm Beach, Florida 33401 Place your ad online 24 hours a day, 7 days a week! There are many specials and ad enhancements to choose from!

www.palmbeachclassi�eds.com

Thence, continue due East along said line a distance of 120.88’, thence, due North a distance of 90’. Thence, due West a distance of 120.88’, thence due South a distance of 90’ to the POINT OF BEGINNING. A/K/A: 5505 N. Ocean Blvd., Unit 203, Ocean Ridge, FL 33435 A PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DA TE OF THE LIS PEND ENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. I HEREBY CERTIFY a copy of the foregoing was served by first class United States mail and e-mail to Steven M. Stepper, Esq., Attorney for Defendant The Estate of Joyce Connell, 1615 Forum Plce, Suite 200, West Palm Beach, FL 33401 ,, [email protected]; Julie Connell, 1335 N. Astor Street Apt SA, Chicago, IL 606l0,julz3@ aol.com, [email protected]; James Connell, 1833 N Fairfield Ave., Chicago, IL 60647, on this 23rd day of June, 2016. BECKER & POLIAKOFF, P.A. Attorneys for Plaintiff Huntington Centre Corporate Park 2901 SW 149 Avenue, Suite 140 Miramar, Florida 33027 (954) 985-4102 (954) 987-5940 Fax Primary: [email protected] BY: K. Joy Mattingly Florida Bar# 17391 PUB: The Palm Beach Post 6-27, 7-4/ 2016 #619491 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2015-CA-011980XXXXMB CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT AS TRUSTEE OF ARLP TRUST 4, Plaintiff, -vs.JEAN E. CHARLES, ET AL Defendant(s). __________________________/ NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursuant to the Final Judgment of Foreclosure dated June 14, 2016 in the above action, Sharon R. Bock, the Palm Beach County Clerk of Court will sell to the highest bidder for cash at Palm Beach, Florida, on July 19, 2016, at 10:00 a.m., www. mypalmbeachclerk.clerkauction.comfor the following described property: CONDOMINIUM UNIT NO. 228, BUILDING 6041, OF THE LAURELS AT SHERWOOD, A CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 19879, AT PAGE 1878, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Property Address: 6041 10th Avenue N., Apt. 228, Greenacres, FL 334631667 Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within sixty (60) days after the sale. The Court, in its discretion, may enlarge the time of the sale. Notice of the changed time of sale shall be published as provided herein. Palm Beach County Newspaper: Palm Beach Post Galina Boytchev, Esq. FBN: 47008 Ward, Damon, Posner, Pheterson & Bleau PL Attorney for Plaintiff 4420 Beacon Circle West Palm Beach, FL 33407 Tel: (561) 842-3000 Fax: (561) 842-3626 Email: [email protected]

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2015CA014262 GENERAL JURISDICTION DIVISION WINDSOR P CONDOMINIUM ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, PLAINTIFF, V. LAWRENCE B. SAMBERG, ET AL., DEFENDANTS. _______________________________/ NOTICE OF SALE PURSUANT TO CHAPTER 45 NOTICE IS HEREBY GIVEN pursuant to court order on June 23, 2016, and entered in Case No. 2015CA014262 of the CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT in and for Palm Beach County, Florida, wherein WINDSOR P CONDOMINIUM ASSOCIATION, INC. is Plaintiff, and LA WREN CE B. SAMBERG and SUSAN SAMBERG are Defendants, Sharon R. Bock, Palm Beach County Clerk of Court, will sell to the highest and best bidder for cash: [] www.mypalmbeachclerk.clerkauction.com, the Clerk’s website for online auctions, at 10:00 AM, on the 25 day of July, 2016 the following described property as set forth in said Final Judgment, to wit: Condominium Parcel No. 373 of WINDSOR “P” CONDOMINIUM, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 2036, Page 236, of the Public Records of Palm Beach County, Florida. A/K/A: 373 Windsor P, West Palm Beach, FL 33417 A PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM T H E S A L E , I F A N Y, O T H E R T H A N T H E P R O P E RT Y O W N ER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITHIN SIXTY (60) DAYS AFTER THE SALE. I HEREBY CERTIFY a copy of the foregoing was served by first class United States mail and e-mail to James Atwood Taylor, III, Esq., Attorney for Defendant Lawrence B. Samberg and Susan Samberg, 2145 14th Avenue, Ste. 15, Vero Beach, FL [email protected], on this 24th day of June, 2016. BECKER & POLIAKOFF, P.A. Attorneys for Plaintiff Huntington Centre Corporate Park 2901 SW 149 Avenue, Suite 140 Miramar, Florida 33027 (954) 985-4102 (954) 987-5940 Fax Primary: [email protected] BY: Candace C. Solis, Esq. Florida Bar #88833 PUB: The Palm Beach Post 6-27, 7-5/ 2016 #619815

N THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 502011CA017136XXXXMBAW KENSINGTON GARDENS CONDOMINIUM ASSOCIATION, INC., Plaintiff, vs. LUIS REATEGUI A/K/A LUIS J. REATEGUI, CLAUDIA VIRGINIA ROBLES, ALEJANDRO ROBLES, BANK OF AMERICA, NATIONAL ASSOCIATION FORMERLY KNOWN AS NATIONAL CITY BANK, UNKNOWN TENANT #1 AND UNKNOWN TENANT #2, Defendants, _________________________/ NOTICE OF SALE PURSUANT TO CHAPTER 45 NOTICE IS HEREBY GIVEN pursuant to a Final Judgment of Foreclosure after Default of Stipulation of Settlement dated June 21, 2016, and entered in Case No. 502011CA017136XXXXMBAW, IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA, wherein, LUIS REATEGUI A/K/A LUIS J. REATEGUI, CLAUDIA VIRGINIA ROBLES, ALEJANDRO ROBLES, and BANK OF AMERICA, NATIONAL ASSOCIATION FORMERLY KNOWN AS NATIONAL CITY BANK,, are Defendants, I will sell to the highest bidder at www.mypalmbeachclerk.clerkauction.com at 10:00 o’clock A.M., on the 30th day of August, 2016, the following described property as set forth in said Final Judgment Upon Default of Stipulation of Settlement, to wit: Unit 1, KENSINGTON GARDENS CONDOMINIUM, a Condominium pursuant to the Declaration of Condominium, recorded at Official Records book 14184, Page 655, Public Records of Palm Beach County, Florida, Note: The property described in the above Quit Claim Deeds and Warranty Deed may also be legally described as the following: Unit 1, Building 1, KENSINGTON GARDENS CONDOMINIUM, a Condominium pursuant to the Declaration of Condominium, recorded at Official Records book 14184, Page 655, Public Records of Palm Beach County, Florida Any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the Lis Pendens must file a claim within 60 days after the sale. Dated at West Palm Beach,, PALM BEACH County, Florida, on this 23rd day of June, 2016. ROSSIN & BURR, PLLC 1601 Forum Place, Suite 700 West Palm Beach, Florida 33401 Telephone: (561) 839-2959 Ext. 130 Facsimile: (561) 471-1141 Email: [email protected] (This email to be used for e-service only) By: ROBERT B. BURR, Esquire Florida Bar No. 82067 ALLEN E. ROSSIN, Esquire Florida Bar No. 373559 PUB: The Palm Beach Post 6-27, 7-4/ 2016 #619254

Did you forget a birthday or anniversary last year? Did that special someone pout? Don’t let history repeat itself! Place a CELEBRATION AD and make that someone special smile from ear to ear. Call (561) 820-4382 for more information and place your ad today!

Legal Estates IN THE CIRCUIT COURT FOR PALM BEACH COUNTY, FLORIDA PROBATE DIVISION File No. 50-2016-CP-001961-XXXX-MB IN RE: ESTATE OF MELISSA LYNN WENTH, Deceased. _____________________________/ NOTICE TO CREDITORS The administration of the estate of MELISSA LYNN WENTH, deceased, whose date of death was JANUARY 6, 2016; File Number 50-2016-CP-001961XXXX-MB, is pending in the Circuit Court for PALM BEACH County, Florida, Probate Division, the address of which is 205 North Dixie Highway, West Palm Beach, Florida 33401 The names and addresses of the personal representative and the personal representative’s attorney are set forth below. All creditors of the decedent and other persons having claims or demands against decedent’s estate, on whom a copy of this notice is required to be served, must file their claims with this court WITHIN THE LATER OF 3 MONTHS AFTER THE TIME OF THE FIRST PUBLICATION OF THIS NOTICE OR 30 DAYS AFTER THE DATE OF SERVICE OF A COPY OF THIS NOTICE ON THEM. All other creditors of the decedent and other persons having claims or demands against decedent’s estate must file their claims with this court WITHIN 3 MONTHS AFTER THE DATE OF THE FIRST PUBLICATION OF THIS NOTICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.702 OF THE FLORIDA PROBATE CODE WILL BE FOREVER BARRED. NOTWITHSTANDING THE TIME PERIOD SET FORTH ABOVE, ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE DECEDENT’S DATE OF DEATH IS BARRED. The date of first publication of this notice is: June 27, 2016 Signed on June 14, 2016. Sean F. Bogle, Esq. [email protected] Attorney for Personal Representative Florida Bar No. 106313 Bogle Law Firm 101 South New York Avenue, Suite 205 Winter Park, Florida 32715 Telephone: (407) 834-3311 Fax (407) 834-3302 LINDA THERESA ASCIONE Personal Representative PUB: The Palm Beach Post 6-27, 7-4/ 2016 #618466

IN OBSERVANCE OF INDEPENDENCE DAY The LegaL adverTising deparTmenT wiLL be CLOsed on mOnday, JULy 4, 2016

DEADLINE for JULy 3, 4, 5 pUbLiCaTiOn is nOOn, ThUrsday, JUne 30, 2016

For more information email: [email protected] or call: 561-820-3106

If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator

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ZBA 3332

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ZBA 3338

ZONING BOARD OF APPEALS May 5, 2016 Meeting Minutes Commission Chambers MEMBERS PRESENT:

Rae Franks, Chair Alan Steinberg, Vice Chair Monte Lambert, Member Christopher Heggen, Member Scott Holtz, 1st Alternate

MEMBERS ABSENT:

James Carman, Member

STAFF PRESENT:

Angella Vann-Jones, planning and Zoning Administrator Linda Louie, Planner Cindy Pazmino, Board Secretary

BOARD ATTORNEY:

Samuel Thomas, Senior City Attorney

I. Call to Order/ Roll Call Ms. Rae Franks, Chairperson, called the regular meeting of the Zoning Board of Appeals to order at 1:35 p.m., and Cindy Pazmino, Board Secretary called the roll and it was determined that a quorum was present. II.

Approval of Agenda/ Minutes

Mr. Monte Lambert made a motion to approve the March 3, 2016 minutes. The motion was seconded by Mr. Christopher Heggen, motion approved 5-0. III.

Report from the Zoning Staff

Ms. Angella Vann-Jones, Planning and Zoning Administrator reported that the applicant for ZBA Case No. 3330 was requesting a continuance to the July ZBA Meeting. Mr. Alan Steinberg made a motion to approve the continuance. The motion was seconded by Mr. Scott Holtz, motion approved 5-0. IV.

Remarks by the Chairperson/ Declaration of Ex-Parte Communication None

V.

Ex-Parte Communication

Mr. Scott Holtz talked to Mr. Santo D’ Ganji about ZBA Case No. 3337. No other members stated that they had any ex-parte communications. Public Comment

A. Swearing in of the Speakers Mr. Samuel Thomas, Staff Attorney, swore in all members of the public and staff who wished to speak. B. Continued Cases Zoning Board of Appeals Case No. 3337 Ms. Linda Louie presented Zoning Board of Appeals Case No. 3337; A request by Damian Brink of Jon E. Schmidt & Associates, Inc., on behalf of Crystal Palm Beach Development, LLC, for four (4) variances to the Zoning and Land Development Regulations (ZLDRs). The following variances are requested in order to construct a six (6) story, 9-unit, multifamily condominium building in the Multifamily High Density (MF32) Residential zoning district: 1.) A 14-foot variance to the required 32-foot north side setback to allow a principal building height of 64-feet. 2.) A 17-foot variance to the required 32-foot south side setback to allow a principal building height of 64-feet. 3.) A 4.5-foot variance from the required 5-foot wide landscape buffer along the north property line. 4.) A 4.5-foot variance from the required 5-foot wide landscape buffer along the south property line. Location: The approximately 0.49 acre site is located at 3611 South Flagler Drive, within Commission District No. 3 – Commissioner Paula Ryan The applicant and their representative presented their case. The Chair opened the floor to public comment. 15 persons of the public commented on this case. Executive Session Mr. Alan Steinberg asked the applicants if he would like to continue the case in order to make proper adjustments to original proposal. Mr. Christopher Heggen suggested that the variances be split in two. The applicant stated no and would like each variance to be considered separately. Mr. Christopher Heggen, Mr. Scott Holtz, Ms. Rae Franks, Mr. Alan Steinberg and Mr. Monte Lambert all stated that variance 1 and 2 would be unadvised. Mr. Monte Lambert moved to deny Variance request No. 1:

A variance to Section 94-77(a)(2)(d.), which requires a building side setback of 32 feet from the north property line to be a minimum of 18 feet (14 foot variance) to allow a principal building height of 64 feet. The motion is based upon the testimony presented along with the application submitted and the staff report, which constitute competent, substantial evidence. The Zoning board of Appeals finds that the applicant has not presented competent, substantial evidence of record that all ten criteria required by Article II, 94-38(d)(6) have been met for the variance. The motion was seconded by Mr. Scott Holtz. Approval of Denial 5-0 No oppositions Mr. Monte Lambert moved to deny Variance request No. 2: A variance3 to section 94-77(a)(2)(d.), which requires a building side setback of 32 feet from the south property line to be a minimum of 15 feet 917 foot variance0 to allow a principal building height of 64 feet. The motion is based upon the testimony presented along with the application submitted and the staff report, which constitute competent, substantial evidence. The Zoning board of Appeals finds that the applicant has not presented competent, substantial evidence of record that all ten criteria required by Article II, 94-38(d)(6) have been met for the variance. The motion was seconded by Mr. Christopher Heggen. Approval of Denial 5-0 No oppositions Mr. Alan Steinberg moved that the Zoning Board of Appeals Board approve Variance request No. 3: A variance from Section 94-443(c), which requires vehicular use areas for multifamily residential uses to have 5 foot wide landscape buffer with a 36 inch decorative wall when adjacent to a residential zoning district, to allow a 0.5 foot wide landscape buffer with a 36 inch decorative wall (4.5 foot variance) at the north property line. The motion is based upon the testimony presented along with the application submitted and the staff report, which constitute competent, substantial evidence. The board hereby makes findings of fact that each of the ten criteria in Article II, Section 94-38(d)(6) have been met for the variance. The motion is made subject to the conditions requested by staff.

Mr. Monte Lambert seconded the motion. Approval 5-0 No oppositions Mr. Alan Steinberg moved that the Zoning Board of Appeals Board approve Variance request No. 4: A variance from Section 94-443(c), which requires vehicular use areas for multifamily residential uses to have 5 foot wide landscape buffer with a 36 inch decorative wall when adjacent to a residential zoning district, to allow a 0.5 foot wide landscape buffer (4.5 foot variance) and relief from the 36 inch decorative wall at the south property line. The motion is based upon the testimony presented along with the application submitted and the staff report, which constitute competent, substantial evidence. The board hereby makes findings of fact that each of the ten criteria in Article II, Section 94-38(d)(6) have been met for the variance. Mr. Monte Lambert seconded the motion. Approval 5-0 No oppositions ADJOURNMENT Ms. Rae Franks adjourned the meeting at 3:58 p.m. Please be advised the minutes are not verbatim. An audio taped copy of the meeting may be requested through the City of West Palm Beach City Clerk’s office at 822-1210. There is a fee. ***** This signature is to attest that the undersigned is the Chairperson, or designee, of the Zoning Board of Appeals and that the information provided herein is the true and correct Minutes for the May 5, 2016 meeting of the Zoning Board of Appeals, dated this _______ day of ____________________, 2016.

____________________________________________ Chairperson (or designee)

ZBA Case #.3330 was continued from the May 5, 2016 ZBA meeting. The addenda to the staff report are available online at http://wpb.org/blog/meeting/zoning-board-ofappeals-65.

CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS Meeting Date: July 7, 2016 Zoning Board of Appeals Case No. 3332 Kwik Stop Convenience Store and Gas Station Expansion – Class B Special Use Permit 5653 and 5665 North Military Trail Location Aerial

Site outlined in red. I. REQUEST A request by Rod A. Feiner, Esq., of Coker and Feiner, on behalf of Sharja Property, Inc., for a Class B Special Use Permit, to allow for the expansion of an existing convenience store with accessory motor vehicle fuel sales in the General Commercial (GC) zoning district. The approximately 0.68 acre site is located at the northwest corner of Military Trail and 45th Street, within Commission District No. 4 – Commissioner Keith James.

[This space is left intentionally blank.]

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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II. RECOMMENDATION APPROVAL with CONDITIONS – Based on the findings that the petition meets Sections 9436(e)(3) and (4) and Section 94-273(d)(12)b. of the City of West Palm Beach Zoning and Land Development Regulations (ZLDRs). The recommendation of approval is made with the following conditions: 1. The applicant shall address all outstanding comments by the Plans and Plats Review Committee (PPRC) and obtain site plan approval prior to the submission of any building permit for the project. 2. Prior to the submittal of a building permit, an application for a Unity of Title, joining the parcels at 5653 North Military Trail and 5665 North Military Trail shall be submitted to the City’s Engineering Services Department for recordation with the Clerk of Palm Beach County. A copy of the recorded Unity of Title shall be provided to the Development Services Department – Planning Division. 3. The applicant shall obtain a right-of-way permit for the access point on Military Trail from the Florida Department of Transportation. A copy of the permit shall be provided to the Development Services Department – Planning Division, prior to the issuance of any building permit for the project. 4. The applicant shall obtain an Engineering Permit from the City’s Engineering Services Department. 5. The City of West Palm Beach Department – Crime Prevention Unit shall review and approve all construction drawings to ensure the adherence to generally-accepted Crime Prevention Through Environmental Design principals, as well as compliance with all local and state regulations pertaining to the proposed use. Such submittal shall include a Construction Site Security and Management Plan. 6. Prior to the removal or relocation of any trees or palms on the property, a Tree Alteration Permit shall be submitted, reviewed and approved by the Development Services Department – Planning Division. III. BACKGROUND AND ANALYSIS The subject property is approximately 0.68 acres and is comprised of two separate parcels (5653 and 5665 North Military Trail), owned by Sharja Property, Inc (the “applicant”). 5653 North Military Trail is comprised of an existing 2,405 square foot, one-story Kwik Stop convenience store with a single operational gas pump at the southeast corner of the property, and 5665 North Military Trail is currently an unimproved vacant lot. Both parcels currently have a zoning designation of General Commercial (GC). Existing uses surrounding the subject property include a cell tower to the north, industrial and commercial uses to the east, a shopping plaza (Southwind Plaza) to the south and a vacant lot with an abandoned structure to the west. A survey of the property is provided in EXHIBIT A and site photographs are provided in EXHIBIT B. ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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According to the Justification Statement (EXHIBIT C), the applicant is seeking approval to expand the existing convenience store with accessory motor vehicle fuel sales use to the vacant lot at 5665 North Military Trail. The proposed expansion will consist of the removal of the existing single gas pump island and vacuum pump at 5653 North Military Trail, to be replaced with two (2) gas pump islands (with a total of two pumps at each island) to the north end of the subject property on 5665 North Military Trail. The vacuum pump will also be relocated to the northern portion of the subject property. The existing convenience store will remain unchanged in size and location. The proposed site plan is provided in EXHIBIT D, the truck circulation diagram is provided in EXHIBIT E, the landscape plan is provided in EXHIBIT F and the proposed new gas canopy elevations is provided in EXHIBIT G. Pursuant to the Permitted Use Table in Section 94-272 of the Zoning and Land Development Regulations (ZLDRs), a Convenience/Grocery Store and Accessory Motor Fuel Sales use (limited to a maximum of two (2) pump islands with three (3) pumps per island), including any expansion of the use, requires a Class B Special Use Permit review by the Zoning Board of Appeals for properties zoned General Commercial (GC). The applicant is seeking a Class B Special Use Permit for the proposed expansion; no waivers are being requested from the Additional Standards pursuant to Section 94-273(d)(12)b. of the ZLDRs. The existing convenience store and accessory gas station use at 5653 North Military Trail is located on a small, constrained parcel that is approximately 0.33 acres in size. The proposed expansion of the existing use to the vacant parcel to the north will allow the applicant to reconfigure the site to provide for improved internal circulation, and implement additional site improvements to enhance the appearance of the site and the intersection at Military Trail and 45th Street. As illustrated in the proposed site plan and truck circulation diagram (EXHIBITS D and E), the gas pumps and vacuum pump will be relocated to the northern portion of the site to create additional space for trucks and vehicles to maneuver and circulate more efficiently. Additional parking will also be provided on site to address the existing deficiency in parking for the use; the existing use currently provides five (5) parking spaces, ten (10) parking spaces are required for the use, and eleven (11) parking spaces are proposed in the expansion. A new five (5) foot wide landscape buffer is proposed along the north property line and along the eastern boundary of the subject property in order to buffer the use from the traffic along Military Trail. The additional landscaping within the buffer will also improve the visual appearance of the subject property and the intersection at Military Trail and 45th Street. The expansion of the use to the unimproved vacant parcel immediately north seems to be a logical expansion in the immediate area. The vacant parcel is bounded by the existing gas station to the south and a cell tower to the north. The parcel is only 0.35 acres (slightly larger than the immediate parcel to the south) and has a shallow depth. Based on the size and depth of the lot, development of the parcel with a separate commercial use would be challenging. Therefore, Staff believes that the expansion of the existing convenience store and gas station to the vacant parcel immediately north at 5665 North Military Trail is the most appropriate use of the vacant land. Staff also supports the proposed use in the immediate area. The existing Kwik Stop has been in operation as a convenience store with accessory motor fuel sales at its current location for a number of years. Uses surrounding the subject property include a mix of commercial and ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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industrial uses, which are compatible with the existing use; additionally, there are no schools or residential uses within the vicinity of the subject property. Both Military Trail and 45th Street are identified as arterial roadways, which makes this type of vehicular-oriented use at this high capacity intersection appropriate. Based on the assessment of the immediate area, Staff does not foresee any adverse impacts with the expansion of the use on the subject property. Conclusion Staff finds that the request for a Class B Special Use Permit to expand the existing convenience store and accessory motor vehicle fuel sales use in the General Commercial (GC) zoning district at 5653 and 5665 North Military Trail will not adversely affect the surrounding properties and is compatible with the existing and future uses in the area. Staff also finds that the proposed expansion meets the General Use Standards, Specific Use Standards and Additional Use Standards for the use found in the Zoning and Land Development Regulations. The analyses of these standards are found in EXHIBITS H through J. IV. PROJECT DETAILS A. Land Use and Zoning The subject property currently has a Commercial (C) Future Land Use (FLU) designation and a General Commercial (GC) zoning designation. The following table summarizes the FLU designations, zoning designations and existing uses surrounding the subject property. Adjacent FLU Designation

Adjacent Zoning Designation

Adjacent Existing Use

Industrial (I)

Industrial (I)

Cell Tower

South:

Commercial (C)

Commercial Planned Development (CPD)

East:

Special Impact Zone/Commercial (SIZ/C)

General Commercial (GC)

West:

Industrial (I)

Industrial Planned Development (IPD)

North:

45th Street; Shopping Plaza (Southwind Plaza) Military Trail; industrial/commercial uses (Broward Factory Service (a/c repair) and an AutoZone retail store) Vacant lot with an abandoned structure

B. Interdepartmental Review The application was presented to the Plans and Plats Review Committee (PPRC) on December 9, 2015. All major issues with the site plan have been satisfactorily addressed; however, there are minor technical comments with the plans that are still outstanding. The applicant will be required to address the outstanding technical comments and obtain site plan approval prior to the submission of any building permits for the project. This has been added as a condition of approval. ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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C. Inter-jurisdictional Review Traffic Concurrency: The proposed expansion will not generate significant traffic impacts to the surrounding roadway network. On December 18, 2015, the Palm Beach County Department of Engineering and Public Works – Traffic Division, issued a letter indicating that the proposed project meets the Traffic Performance Standards (TPS) of Palm Beach County for traffic concurrency. A copy of the TPS Review Letter from the County is provided in EXHIBIT K. School Concurrency: Not required. D. Public Comment Courtesy notices were mailed to property owners within four hundred (400) feet of the subject property on June 21, 2016. At the time of printing this report, the City has not received any inquires regarding this request. Prepared and Respectfully Submitted by:

Linda M. Louie, AICP Planner

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT A Boundary Survey

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT B Site Photographs

View of the existing gas pump island to be removed at the southeast corner of 5653 N. Military Trail.

View of the vacant/unimproved lot at 5665 N. Military Trail facing north.

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT C Applicant’s Justification Statement

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT C (continued)

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT C (continued)

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT C (continued)

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT C (continued)

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT C (continued)

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT C (continued)

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT D Proposed Site Plan

ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT E Truck Circulation Diagram

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EXHIBIT F Proposed Landscape Plan

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EXHIBIT G Gas Canopy Elevations

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EXHIBIT H General Special Use Standards Section 94-36(e)(3) A. FUTURE USES: The use exactly as proposed at the location where proposed will be in harmony with the uses, which, under the zoning ordinance and land use plan, are most likely to occur in the immediate area where located. Findings:

COMPLIES

The subject property has a Commercial (C) Future Land Use designation and a General Commercial (GC) zoning designation. The proposed use is a commercial use that is consistent with the Future Land Use and zoning of the property. Additionally, the subject property is surrounded by properties that are designated for commercial and industrial uses, which are uses that are compatible with the proposed use. Therefore, the use would be in harmony in the immediate area where located. B. SURROUNDING USES: The use exactly as proposed at the location where proposed will be in harmony with the existing uses in the immediate area where located. Findings:

COMPLIES

The use as proposed at the location where proposed will be in harmony with the existing uses in the immediate area. The existing uses surrounding the site include a cell tower, vacant land, industrial and commercial uses. The proposed use is an existing use that has operated in harmony with existing uses in the immediate area for a number of years, and therefore, the expansion of the use should have insignificant impact to the character of the immediate area where located. C. PUBLIC BENEFIT: The use exactly as proposed at the location where proposed will not result in substantially less public benefit nor greater harm than would result from use of the site for some use permitted by right or by some other use permitted on the site. Findings:

COMPLIES

The proposed use is an expansion of an existing use that will not result in substantially less public benefit, nor greater harm than would result from a use that would be permitted by right. The subject property is located in a commercial zoning district with other commercial and industrial uses that are compatible with the proposed use. The applicant is also proposing site and landscape improvements that will improve the aesthetics of the subject property and immediate area. ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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EXHIBIT I Specific Use Standards Section 94-36(e)(4) A. TRAFFIC: 1. The proposed use will not generate traffic that will reduce the level of service of any road to a lower level than would result from a use permitted by right. Findings:

COMPLIES

The proposed expansion of the use will not generate traffic that will reduce the level of service of any road to a lower level than would result from a use permitted by right. The Palm Beach County Traffic Division issued a Traffic Performance Standards (TPS) Review Letter on December 18, 2015, stating that the proposed expansion meets the Traffic Performance Standards of Palm Beach County for Traffic concurrency. 2. The proposed use will not require the extension or enlargement or any other alteration of the street system in a manner resulting in higher net public cost or earlier expenditure of public cost than would result from a use permitted by right. Findings:

COMPLIES

The proposed use will not require the extension or enlargement to the street system. 3. The property or structure for the proposed use will be located, designed, and constructed so that the access and egress standards of Section 94-273 are satisfied for the uses subject to those standards. Findings:

COMPLIES WITH CONDITIONS

The proposed use is designed so that the access and egress standards of the Zoning and Land Development Regulations have been met. The project will provide two (2) access points that connects to the existing street system in the immediate area. An existing access point on 45th Street will continue to be utilized by the proposed use, and a new access point on Military Trail will be provided. The applicant will be required to obtain a right-of-way permit for the access point on Military Trail from the Florida Department of Transportation (FDOT). A copy of the permit shall be provided to the Development Services Department – Planning Division prior to the issuance of any building permit for the project; this has been added as a condition of approval.

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B. UTILITY SYSTEMS: The proposed use will be located in relation to water lines, sanitary sewers, storm sewers, surface drainage systems, and other utility systems that neither extension or enlargement nor any other alteration of such systems in a manner resulting in higher net public cost or earlier expenditure of public cost than would normally result from a use permitted by right will be required. Findings:

COMPLIES

The use will not require the alteration of any public utility system. C. PUBLIC SAFETY: The proposed use will not place a demand on municipal police or fire protection services beyond the capacity of those services, except that the proposed facility may place a demand on municipal police or fire protection services, a demand which does not exceed that likely to result from a use permitted by right. Findings:

COMPLIES

The proposed use will not place a demand on municipal police or fire protection services.

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EXHIBIT J Additional Standards Convenience Store and Accessory Motor Vehicle Fuel Sales Section 94-273(d)(12)b.

1. Minimum site dimensions: I. II.

Minimum site area: 10,000 square feet. Minimum lot width 100 feet.

Findings:

COMPLIES

The subject property has a lot area of 29,504 square feet and a lot width of 101 feet, which complies with the minimum lot size requirement of 10,000 square feet and minimum lot width requirement of 100 feet for the proposed use. 2. Minimum distances: I.

All parking loading and vehicular circulation areas: 25 feet from any residential zoning district.

II.

All convenience stores shall be located a minimum of 1,000 feet from any existing convenience store and 100 feet from any preexisting place of religious worship, public or private school, or residential zoning district. Distance shall be measured from property line to property, without regard to intervening structures or objects.

Findings:

COMPLIES

The proposed use is not located within 1,000 feet of an existing convenience store nor is the proposed use located within 100 feet from a place of worship, public or private school, or residential zoning district. 3. Accessory motor vehicle fuel sales. Accessory motor vehicle fuel sales shall be limited to a maximum of two pump islands with three pumps per island. Findings:

COMPLIES

The use will not exceed the maximum requirement of two (2) pump islands with three (3) pumps per island for accessory motor vehicle fuel sales. The proposed use will provide a total of two (2) pump islands with two (2) pumps per island. 4. Storage of combustibles. All receptacles, tanks, or facilities for the storage of combustibles in excess of 200-gallon quantities shall be located underground and within the building setback lines. All receptacles, tanks, or facilities for the storage ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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of combustibles in 200-gallon or less amounts shall be located and maintained within building setback lines and in a manner acceptable to the City. Findings:

COMPLIES

All storage of combustibles occurs underground and within the building setback lines. 5. Discontinued use. In the event a service station is a discontinued use for a continuous period exceeding one year, the property owner shall be required to remove or treat, in a safe manner (approved by applicable city, county and state authorities responsible for such regulation) of all flammable material storage tanks on the site. A bond sufficient to cover the cost of removal shall be posted prior to the issuing of a building permit for the facility. Findings:

COMPLIES

The applicant has acknowledged and has agreed to the provisions of the Zoning and Land Development Regulations for the removal of all flammable material storage tanks on the site in the event the service station becomes a discontinuous use for a continuous period exceeding one year. 6. Wall requirement when parking lot adjoins residential district. An opaque wall shall be erected to a height of no less than four feet and no more than five feet and not closer than six inches to lot lines along the side and rear lot lines when such parking lot or area adjoins a residential district, except that such a wall shall not be required where the applicant for a permit shall secure and file with the application a notarial waiver duly signed under the seal by all abutting landowners waiving objection to the existence of an unwalled parking lot or area. Such walls, where required, shall be erected in compliance with the city building code. Findings:

DOES NOT APPLY

The proposed use does not abut a residential zoning district. Therefore, the requirement to provide an opaque wall along the side and rear lot lines of the parking area is not applicable. 7. Landscape buffering. For sites adjacent to residential zoning districts, the following landscape buffering standards apply. The site must provide five-foot wide landscape area with shade trees planted every 30 linear feet on center. A hedge must also be maintained within this buffer area. Findings:

DOES NOT APPLY

Although the subject property is not located adjacent to a residential zoning district, the applicant is proposing to install a minimum 5 foot wide landscape buffer along a signification portion of the property.

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8. Exterior pay phones. For sites adjacent to residential zoning districts, no exterior pay phones will be allowed. Findings:

COMPLIES

No exterior pay phones will be provided on the subject property for the proposed use. 9. Hours of operation. For sites adjacent to residential districts, hours of operation shall be no greater than 6:00 a.m. to 12:00 p.m. for fuel sales, and 6:00 a.m. to 10:00 p.m. for convenience store items. Findings:

DOES NOT APPLY

The subject property is not located adjacent to a residential zoning district, therefore, the restrictions on the hours of operation for fuel sales and convenience store items does not apply.

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EXHIBIT K Palm Beach County Traffic Performance Standards Review Letter

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GRANTING THE CLASS B SPECIAL USE PERMIT I move that the Zoning Board of Appeals GRANT Application No. 3332, a request Rod A. Feiner, Esq., of Coker and Feiner, on behalf of Sharja Property, Inc., for a Class B Special Use Permit to allow for the expansion of the existing Kwik Stop convenience store with accessory motor fuel sales by allowing the addition of fuel pump islands and fuel pumps, for a maximum total of two (2) pumps islands with two (2) pumps per island on the subject property located at the northwest corner of North Military Trail and 45th Street in the General Commercial (GC) zoning district. The motion is based upon the testimony presented along with the application submitted and staff report, which constitute competent, substantial evidence. The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-36(e)(3) and (4) and also the standards in Article IX, Section 94-273(d)(12)b., have been met.

READ ONLY IF CONDITIONS ARE IMPOSED: In addition, the granting of the Class B Special Use Permit is made conditional upon the following restrictions, stipulations and/or safeguards: 1. The applicant shall address all outstanding comments by the Plans and Plats Review Committee (PPRC) and obtain site plan approval prior to the submission of any building permit for the project. 2. Prior to the submittal of a building permit, an application for a Unity of Title, joining the parcels at 5653 North Military Trail and 5665 North Military Trail shall be submitted to the City’s Engineering Services Department for recordation with the Clerk of Palm Beach County. A copy of the recorded Unity of Title shall be provided to the Development Services Department – Planning Division. 3. The applicant shall obtain a right-of-way permit for the access point on Military Trail from the Florida Department of Transportation. A copy of the permit shall be provided to the Development Services Department – Planning Division, prior to the issuance of any building permit for the project. 4. The applicant shall obtain an Engineering Permit from the City’s Engineering Services Department. 5. The City of West Palm Beach Department – Crime Prevention Unit shall review and approve all construction drawings to ensure the adherence to generally-accepted Crime ZBA 3332 – 5653 and 5665 N. Military Trail (Kwik Stop Convenience Store and Gas Station Expansion)

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Prevention Through Environmental Design principals, as well as compliance with all local and state regulations pertaining to the proposed use. Such submittal shall include a Construction Site Security and Management Plan. 6. Prior to the removal or relocation of any trees or palms on the property, a Tree Alteration Permit shall be submitted, reviewed and approved by the Development Services Department – Planning Division. that I move are necessary to insure compliance with the purpose and intent of the Zoning and Land Development Regulations and consistent with the Comprehensive Plan of the City of West Palm Beach.

DENYING THE CLASS B SPECIAL USE PERMIT I move that the Zoning Board of Appeals DENY Application No. 3332, a request Rod A. Feiner, Esq., of Coker and Feiner, on behalf of Sharja Property, Inc., for a Class B Special Use Permit to allow for the expansion of the existing Kwik Stop convenience store with accessory motor fuel sales by allowing the addition of fuel pump islands and fuel pumps, for a maximum total of two (2) pumps islands with two (2) pumps per island to the existing convenience store establishment located at the northwest corner of North Military Trail and 45th Street in the General Commercial (GC) zoning district. The motion is based upon the testimony presented along with the application submitted and staff report, which constitute competent, substantial evidence. The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-36(e)(3) and (4), and also the standards in Article IX, Section 94-273(d)(12)b., have not been met.

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CITY OF WEST PALM BEACH ZONING BOARD OF APPEALS Meeting Date: July 7, 2016 Zoning Board of Appeals Case No. 3338 539 Ogston Street – Class B Special Use Permit Oasis Life Center (Group Home Type V) Location Aerial

Site outlined in red. I. REQUEST A request by Josh Nichols, LEED AP, of Jon E. Schmidt and Associates, on behalf of Oasis Life Center, Inc., for a Class B Special Use Permit to allow a drug and alcohol inpatient detoxification facility (Group Home Type V) in the General Commercial (GC) zoning district. The approximately 0.32 acre site is located at 539 Ogston Street, within Commission District No. 5 – Commissioner Shanon Materio.

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II. RECOMMENDATION APPROVAL with CONDITIONS – Based on the findings that the petition meets Sections 9436(e)(3) and (4), and Section 94-273(d)(28)c. of the City of West Palm Beach Zoning and Land Development Regulations (ZLDRs). The recommendation of approval is made with the following condition(s): 1. The applicant shall be required to submit an application for an Informal Site Plan Review (ISPR) prior to the issuance of any building permit for the project. Any site improvements required as a condition of approval for the proposed use shall be addressed at the time of the ISPR process. 2. The landscaping on the property shall be upgraded to meet the current landscape code requirements where possible. 3. The parking area shall be upgraded to meet the standards and minimum parking requirements for the use pursuant to Article XV, Parking, of the Zoning and Land Development Regulations (ZLDRs). 4. A Traffic Performance Standards (TPS) review letter from the Palm Beach County Traffic Division, confirming that the expansion of the proposed use meets the TPS standards of the County shall be required at the time of the Informal Site Plan Review (ISPR) process and prior to the issuance of any building permit for the project. III. BACKGROUND AND ANALYSIS The subject property is currently comprised of two (2) existing warehouse buildings, totaling 7,286 square feet. According to the Palm Beach County Property Appraiser’s, the building to the north of the property was built in 2000 and consists of 3,908 square feet, and the building to the south of the property was built in the 1950’s and consists of approximately 3,378 square feet. The current use on the property is a construction contractor’s office. The boundary survey of the property is provided in EXHIBIT A and site photographs are provided in EXHIBIT B. According to the Justification Statement (EXHIBIT C), the applicant is seeking approval to convert the existing warehouse buildings to an inpatient detoxification facility. The proposed facility will accommodate treatment rooms, administrative offices and patient rooms totaling thirty-eight (38) beds distributed within twenty-two (22) rooms; twelve (12) beds are proposed in the north building, and the south building would be renovated to add a second floor consisting of 3,378 square feet in order to provide twenty-six (26) beds. The proposed overall square footage of the detoxification facility is 10,664 square feet. Because the applicant is proposing to add an additional 3,378 square feet to the proposed use, the applicant will be required to submit an application for an Informal Site Plan Review (ISPR) for approval. At this time, no application for an ISPR has been filed; the applicant is only seeking approval of the use on the subject property. If the use is approved, the applicant will be required obtain approval of an ISPR prior to the issuance of a building permit for the project. Preliminary ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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drawings of the site plan, floor plans and architectural elevations for the proposed detoxification facility have been included in EXHIBITS D through F for reference. Pursuant to the Zoning and Land Development Regulations (ZLDRs), a facility for former substance abusers that provides short or long term lodgings, meals and resident support services, such as counseling, guidance and varying levels of medical care, is classified as a Type V Group Home. A Type V Group Home in the General Commercial (GC) zoning district requires a Class B Special Use Permit to be reviewed and approved by the Zoning Board of Appeals in order to operate in the district. The subject property is located in an inconspicuous location comprised of commercial and industrial warehouses at the back end of a community park (Phipps Park). Because Ogston Street is a dead-end roadway, access to the subject property is also limited by vehicular and pedestrian traffic. Since the proposed facility is a reuse of an existing warehouse building, the appearance and character of the area is not expected to significantly change. Treatment will occur within the existing building; and according to the applicant’s Justification Statement, patients will be monitored 24 hours a day by on site nursing staff. Staff does not believe that the proposed use will adversely impact or be adversely impacted by the existing uses surrounding the property, and therefore, Staff believes that the location is a suitable location for a detoxification facility. According to the Traffic Impact Statement, prepared by Thuha Nguyen Lyew, P.E., of Via Planning, Inc., dated June 8, 2016 (EXHIBIT G), the existing 7,286 square foot warehouse use on the subject property generates 26 vehicle trips daily, and the proposed 10,664 square foot detoxification facility is expected to generate 193 trips daily, which would increase the daily net new trips by approximately 167 vehicles per day. Pursuant to Section 94-579(1) of the ZLDRs, a traffic study is required if a proposed project will generate more than 1,000 vehicles trips per day, as determined by a professional traffic engineer. Based on the information provided in the applicant’s Traffic Impact Statement, the proposed increase in the number of trips will be below the 1,000 vehicle trips per day threshold for which a traffic study is required, and therefore, the proposed use is expected to have insignificant impact to the roadways in the area. However, the City requires that any expansion of a building square footage will require the applicant to obtain a concurrency determination and approval from the Palm Beach County Traffic Division at the time of the Informal Site Plan Review process. This requirement has been added as a condition of approval for the proposed use. Staff recommends and has added as a condition of approval, that the landscape and parking lot area of the property is upgraded and brought into compliance with the current standards of the ZLDRs to the greatest extent possible. A site visit completed by Staff revealed that the condition of the property’s landscaping is inadequate and does not provide the appropriate screening necessary for privacy. Addressing the landscaping requirements of the ZLDRs will not only afford the proposed detoxification facility the privacy necessary for its patients, but it will also provide screening for the property to mitigate any impacts to the adjacent uses. Upgrading the landscaping and parking lot area will also improve the appearance of the property and of the surrounding area. [This space is left intentionally blank.]

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Conclusion Staff finds that the proposed Class B Special Use Permit to allow an inpatient drug and alcohol detoxification facility on the subject property meets all of the standards found in the ZLDRs, subject to Staff’s recommended conditions. The analyses of the required standards are attached hereto as EXHIBITS H through J. IV. PROJECT DETAILS A. Land Use and Zoning The subject property currently has Special Impact Zone/Commercial (SIZ/C) Future Land Use (FLU) designation and a General Commercial (GC) zoning designation. The following table summarizes the FLU designations, zoning designations and existing uses surrounding the subject property. Adjacent FLU Designation

Adjacent Zoning Designation

Adjacent Existing Use

North:

Special Impact Zone/Commercial (SIZ/C)

General Commercial (GC)

Warehouse

South:

Community Service (CS)

Community Service (CS)

Phipps Park

East:

Special Impact Zone/Commercial (SIZ/C)

General Commercial (GC)

Warehouse

West:

Industrial (I)

Industrial (I)

Warehouse with Outdoor Storage

B. Interdepartmental Review As a condition of approval, the applicant will be required to submit an application for an Informal Site Plan Review (ISPR) for approval by the Plans and Plats Review Committee (PPRC) prior to the issuance of any building permit for the project. Any site improvements required as a condition of approval for the proposed use will need to be addressed at the time of the ISPR process. C. Inter-jurisdictional Review Traffic Concurrency: A Traffic Performance Standards (TPS) review letter from the Palm Beach County Traffic Division verifying that the proposed use expansion meets the TPS standards of the County will be required at the time of the Informal Site Plan Review (ISPR) process. This has been added as a condition of approval for the proposed use. ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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School Concurrency: Not required. D. Public Comment Courtesy notices were mailed to property owners within four hundred (400) feet of the subject property on June 21, 2016. At the time of printing this report, the City has not received any inquires regarding this request.

Prepared and Respectfully Submitted by:

Linda M. Louie, AICP Planner

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EXHIBIT A Boundary Survey

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EXHIBIT B Site Photographs

View of the south building from the corner of Ogston Street and Miller Avenue.

South view of the south building looking north on Ogston Street. ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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EXHIBIT B (continued)

West view of the north building looking east on Miller Avenue.

View of both the north building (left) and south building (right) on Miller Avenue.

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EXHIBIT C Applicant’s Justification Statement

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT C (continued)

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EXHIBIT D Preliminary Site Plan

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EXHIBIT E Preliminary Floor Plan

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EXHIBIT F Preliminary Building Elevations

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EXHIBIT F (continued)

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EXHIBIT G Applicant’s Traffic Impact Statement

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EXHIBIT G (continued)

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EXHIBIT H General Special Use Standards Section 94-36(e)(3) A. FUTURE USES: The use exactly as proposed at the location where proposed will be in harmony with the uses, which, under the zoning ordinance and land use plan, are most likely to occur in the immediate area where located. Findings:

COMPLIES

The propose use is in harmony with the future uses, which under the zoning ordinance and land use plan, are most likely to occur in the immediate area where located. The use is surrounded by properties designated for commercial, industrial and community service type uses. The property is zoned General Commercial (GC), which permits a range of commercial uses; inpatient detoxification facilities are found in the GC zoning district with a Class B Special Use Permit. B. SURROUNDING USES: The use exactly as proposed at the location where proposed will be in harmony with the existing uses in the immediate area where located. Findings:

COMPLIES

The proposed use at the location where proposed, will be in harmony with the existing uses in the immediate area where located. Existing uses surrounding the property include a mix of commercial/industrial warehouses, an industrial storage yard and the back end of a community park (Phipps Park); the proposed use is not located in the immediate area of any existing residential use. Therefore, Staff does not foresee any adverse impacts with the proposed use to the surrounding area. C. PUBLIC BENEFIT: The use exactly as proposed at the location where proposed will not result in substantially less public benefit nor greater harm than would result from use of the site for some use permitted by right or by some other use permitted on the site. Findings:

COMPLIES

The proposed use will increase the public benefit by providing treatment services for persons suffering from drug and alcohol dependency.

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EXHIBIT I Specific Use Standards Section 94-36(e)(4) A. TRAFFIC: 1. The proposed use will not generate traffic that will reduce the level of service of any road to a lower level than would result from a use permitted by right. Findings:

COMPLIES WITH CONDITIONS

According to the Traffic Impact Statement, prepared by Thuha Nguyen Lyew, P.E., of Via Planning, Inc., dated June 8, 2016, and provided as Exhibit G in the Staff Report, the proposed use will increase the daily net new trips by approximately 167 vehicles per day. Pursuant to Section 94-597(1) of the Zoning and Land Development Regulations, a traffic study is required if the proposed use on the subject property will generate more than 1,000 vehicle trips per day. Since the proposed increase in the number of trips is below the 1,000 vehicle trips per day threshold for which a traffic study is required, the proposed use is expected to have insignificant impact to the roadways in the area. However, the City also requires that any expansion of a building square footage greater than 1,000 square feet will require the applicant to obtain a concurrency determination and approval from the Palm Beach County Traffic Division at the time of the Informal Site Plan Review (ISPR) process. This requirement has been added as a condition of approval for the proposed use. 2. The proposed use will not require the extension or enlargement or any other alteration of the street system in a manner resulting in higher net public cost or earlier expenditure of public cost than would result from a use permitted by right. Findings:

COMPLIES

The proposed use will not require the extension or enlargement to the street system. 3. The property or structure for the proposed use will be located, designed, and constructed so that the access and egress standards of Section 94-273 are satisfied for the uses subject to those standards. Findings:

COMPLIES

The existing ingress and egress onto the subject property will remain, with appropriate access to the property on Miller Avenue and Ogston Street. B. UTILITY SYSTEMS: The proposed use will be located in relation to water lines, sanitary sewers, storm sewers, surface drainage systems, and other utility systems that neither extension or ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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enlargement nor any other alteration of such systems in a manner resulting in higher net public cost or earlier expenditure of public cost than would normally result from a use permitted by right will be required. Findings:

COMPLIES

The proposed facility is a reuse of an existing site that will not require the alteration of any public utility system. C. PUBLIC SAFETY: The proposed use will not place a demand on municipal police or fire protection services beyond the capacity of those services, except that the proposed facility may place a demand on municipal police or fire protection services, a demand which does not exceed that likely to result from a use permitted by right. Findings:

COMPLIES

The proposed use will not place a demand on municipal police or fire protection services.

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EXHIBIT J Additional Standards – Group Homes Section 94-273(d)(28)c. 1. Residential character/district compatibility. If a group home is located within a residential district, it shall be maintained to conform to the character of that neighborhood. This standard applies to design, density, lot size, landscaping, or other factors affecting the neighborhood's character. This will prevent disruption of a neighborhood due to the introduction of a dissimilar structure. Findings:

NOT APPLICABLE

The proposed use is not located within a residential district. 2. A group home facility shall be located a minimum of 1,200 feet from another such facility; provided, however, that this standard shall not apply between any group home facilities when both of such facilities are located entirely within the community service (CS) zoning district. Findings:

COMPLIES

The proposed group home facility is not located within 1,200 of another group home facility. 3. No signs denoting the name and/or purpose of a special residential use shall be allowed in any residential district. Findings:

NOT APPLICABLE

The proposed group home facility is not located within a residential district. Therefore, the signage restriction is not applicable. 4. Facilities located in nonresidential areas shall be maintained in the general character of the surrounding area. This standard applies to design, lot size, landscaping, and other factors affecting the character of the area. Findings:

COMPLIES WITH CONDITIONS

The general character of the surrounding area will not be adversely affected by the proposed use. The use will operate within the existing building footprints and modifications and improvements are expected to the exterior of the building. Staff believes that the landscaping and parking area on the property could be upgraded to improve the overall appearance of the property and the surrounding area. The applicant will be required to upgrade the landscaping and parking area on the property at the time of the Informal Site Plan Review process. This has been added as a condition of approval for the proposed use. ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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5. The total occupancy of a structure designed for a group home use shall not exceed that allowed in section 16.1.7.1 of the Life Safety Code (or 200 square feet per occupant). For homes on a local street, occupancy shall not exceed two clients per total number of bedrooms minus one, or two clients per bathroom, whichever is less. Findings:

COMPLIES

The applicant will be required to comply with the requirements of Section 16.1.7.1 of the Life Safety Code. 6. The standards in the chapter which is entitled "Lodging or Rooming Houses," in the Life Safety Code (see subsection 3109 of this code) shall be the minimum standards for group homes. Findings:

COMPLIES

The City’s Fire Department and Development Services Department – Construction Services Division will ensure the minimum standards are met. 7. Licensed nursing homes in residential districts may have 2.5 times as many beds as dwelling units permitted in that district. Findings:

NOT APPLICABLE

The proposed facility is not located within a residential district. 8. Parking shall be provided pursuant to Article XV of this chapter. Findings:

COMPLIES

According to the Justification Statement provided by the applicant, the proposed facility will require a minimum of twelve (12) parking spaces. Currently, twelve (12) parking spaces are provided for the proposed facility in the site plan. 9. Dwelling units in group homes shall have a minimum living area of 450 square feet. Findings:

NOT APPLICABLE

The proposed facility does not provide “dwelling units” as defined by the City’s Zoning and Land Development Regulations. Therefore, the minimum living area of 450 square feet is not applicable.

ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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GRANTING THE CLASS B SPECIAL USE PERMIT I move that the Zoning Board of Appeals GRANT Application No. 3338, a request by Josh Nichols, LEED AP, of Jon E. Schmidt and Associates, on behalf of Oasis Life Center, Inc., for a Class B Special Use Permit to allow a drug and alcohol inpatient detoxification facility (Group Home Type V) with a maximum of 38 patient beds to operate on the property located at 539 Ogston Street, in the General Commercial (GC) zoning district. The motion is based upon the testimony presented along with the application submitted and staff report, which constitute competent, substantial evidence. The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-36(e)(3) and (4) and also the standards in Article IX, Section 94273(d)(28)c., have been met.

READ ONLY IF CONDITIONS ARE IMPOSED: In addition, the granting of the Class B Special Use Permit is made conditional upon the following restrictions, stipulations and/or safeguards: 1. The applicant shall be required to submit an application for an Informal Site Plan Review (ISPR) prior to the issuance of any building permit for the project. Any site improvements required as a condition of approval for the proposed use shall be addressed at the time of the ISPR process. 2. The landscaping on the property shall be upgraded to meet the current landscape code requirements where possible. 3. The parking area shall be upgraded to meet the standards and minimum parking requirements for the use pursuant to Article XV, Parking, of the Zoning and Land Development Regulations (ZLDRs). 4. A Traffic Performance Standards (TPS) review letter from the Palm Beach County Traffic Division, confirming that the expansion of the proposed use meets the TPS standards of the County shall be required at the time of the Informal Site Plan Review (ISPR) process and prior to the issuance of any building permit for the project.

that I move are necessary to insure compliance with the purpose and intent of the Zoning and Land Development Regulations and consistent with the Comprehensive Plan of the City of West Palm Beach. ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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DENYING THE CLASS B SPECIAL USE PERMIT I move that the Zoning Board of Appeals DENY Application No. 3338, a request by Josh Nichols, LEED AP, of Jon E. Schmidt and Associates, on behalf of Oasis Life Center, Inc., for a Class B Special Use Permit to allow a drug and alcohol inpatient detoxification facility (Group Home Type V) to operate on the property located at 539 Ogston Street, in the General Commercial (GC) zoning district. The motion is based upon the testimony presented along with the application submitted and staff report, which constitute competent, substantial evidence. The Board hereby makes findings of fact that each of the criteria in Article II, Section 94-36(e)(3) and (4) and also the standards in Article IX, Section 94-273(d)(28)c., have not been met.

ZBA 3338 – Oasis Life Center Detoxification Facility @ 539 Ogston St.

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