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Minutes 10-23-01MEETING MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 23, 2001 AT 7:00 P.M. Present Lee Wische, Chairman Steve Myott, Vice Chair William Cwynar Robert Ensler Mike Fitzpatrick Woodrow Hay Maurice Rosenstock Edward Currier, Alternate Mike Friedland, Alternate David Tolces, Assistant City Attorne~ Mike Rumpf, Planning and Zonir~:j Director Dick Hudson, Senior Planner 1. Pledge of Allegiance Chairman Wische called the meeting to order at 7:10 p.m. and led the Pie( ~e of Allegiance to the Flag. 2. Introduction of the Board Chairman Wische introduced the Board Members, staff, the Recording Sec etary and Assistant City Attorney Tolces. Chairman Wische welcomed Commissioner McCray to the meeting. 3. Agenda Approval Motion Mr. Hay moved for approval. Motion seconded by Vice Chair Myo~l unanimously carried. 4. Approval of Minutes - October 10, 2001 and Motion Mr. Rosenstock moved for approval. Motion unanimously carried. 5. Communications and Announcements seconded by Mr. Ensler and A. Planning and Zoning Report Mr. Rumpf reported on the following actions taken by the City Commission at the October 2, 2001 meeting: Meeting Minutes Planning and Development Board Boynton Beach, Florida October 23, 2001 The Showcase Contractors variance was approved; The Castenada Medical Building site plan was approved; Quantum Park PID use approval was approved; Gymnastic centers in M-1 zoning district code review was approved; and Under Public Hearing, the School Concurrency Comprehensive Plan Amendment was approved for transmittal to the State of Florida. The Gateway Crossing site plan and related use approval, heard at the October 16, 2001 City Commission Meeting, received conditional approva, t was approved w th the condit on that the Architectural Re, view Committee for Qu~l~tum woUld have conducted, completed and app~[oved uncondit ona ly the r review of the site plan. Mr. Rumpf was informec~ that the review was not completed. The item will be on the November 6, 2001 City Commission agenda for follow up. Mr. Ensler inquired if the applicant in the above item provided the signage at the Commission meeting as agreed to? Vice Chair Myott said the monumenlj, sign was presented at the Commission meeting, but it was not approved by Quantum. Mr. Ensler noted that there have been many items that this Board approved subject to the signage being presented at the Comm ssion meeting. Mr. P~umpf said that he has asked the ~uantum ArChitectural Review Commit[ee to p~ovide their sign program to the City. Assistant City Attorney Tolces administered the oath to all persons who would be testifying. 6. New Business A. PUBLIC HEARING Land Use Plan AmendmentJRezoninq Project Name: Agent: Owner: Location: Description: Krispy Kreme Scott Barber/Gee & Jenson Dynamic Doughnuts of Florida Northwest 1st Avenue (between NW 1s~ A and Boynton Beach Boulevard [S approximately 1,500 feet east of N' Street), opposite the intersection of B~ Beach Boulevard and West Industrial Aw Request to amend the Comprehensiv( Future Land Use Map from Medium Residential (9.86 du/ac) to Local Commercial and; 'enue ~,804~ ¢ 7"' gnton 3ue. Plan lensity Retail 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 23, 2001 Request to rezone from Duplex Residential (R- 2) to Neighborhood Commercial (C-2). Attorney Tolces stated that the Board was presented with a letter prior t(~ the meeting from Attorney Reginald G. Stambaugh, who represents residents ia the area called "Save Our Street" ("SOS"). A copy of the letter is attached te the or ginal minutes. His letter indicates that the property owners have not si~lned the applicaton, in accordance with the Boynton Beach Code of Ordinances, a copy of the signed purchase contract and wr tten consent of the owner and geller must be prov deal. Attorney Tolces stated that an application signed by the roperty owner has not been provided. One of the property Owners ~vas present, P ........ =-- '"^ ~*"'~ to move forward If the Board would like something iv~n~vritC~nUg,a ~;'~"o~a~r~t"~j~;' condition their ;ctions upon obtaining the written consent of the property owners. Mr. Rosenstock inquired as to the whereabouts of all the pages of the Purchase and Sale Agreement attached to Attorney Stambaugh's letter, since only the first page was provided. Attorney Reginald G. Stambaugh assumed the podium and stated he only provided the first page to show that the Dynamic Doughnuts Florida Realfy Inc. ~NaS the purchaser, and the agent consent form was signed on behalf of Dynamc Doughnuts of Boynton Beach, Inc. Mr. Rosenstock asked if there was anyone present representing any of the parties that would have a document indicating that the agent was given permission to represent the owners before this Board. Mr. Jeff Sussman, agent for both sellers, was aaministered the oath by Assistant City Attorney Tolces. Mr. Sussman said he had fully executed purchase and sale agreements in his possession that contained authoriza'~ion for the buyer to act on behalf of the seller in making application for all required approvals. Attorney Stambaugh asked if the actual owners with their legal consent~ were present and if they were not, he did not feel that the Board should hear the · · . her ointed out that the agreements, which he rece ved from application He .furl p . ~ or the City, do not g~ve the buyer blanket authonty to act on behalf of the sellers, n have the sellers signed the application. Mr. Miller, representing HRS, which is another interested party, took the p, odium. He stated that the City's regulations provide that during the application p~rocess, there must be joint written consent of all owners, which is lacking, in the application, Mr. Miller pointed out that he checkee with Florida State recoi'ds and there is no such corporation called Dynamic Doughnuts of Boynton Beach, 3 Meeting Minutes Planning and Development Board Oc[ober 23, 2001 Boynton Beach, Florida Florida. Noting the discrepancies in the names of the documents, Mr. Miller requested that the application be withdrawn. Attorney Tolces stated that if the owners of both parcels were present and they (]ave their authorization for the agent to act on their behalf, they could move ~'orward. Attorney Tolces pointed out that the owners would be sworn in an(~ oral testimony would be acceptable, subject to signing the appropriate papers. With regard to the discrepancy in the corporate names, Attorney Tolces felt this could be corrected. Attorney Tolces administered the oath to August Vultaggio and Anthony Mundino, co-owners of the commercial property Ms, Abigail Serer~ also assumed the podiumstand stated she was representing her parents, who ar~e the owners of 633 NW 1 Avenue. Attorney Tolces asked Ms. Serera if she had a er arent's behalf She written power of attorney or other document to act on h p said she did not. She offered to call her parents to see if they could come to the hearing. Chairman Wische suggested that the Board move to the next item to allo~v the parents time to show up. If they did not arrive at that time, the case wolald be tabled. Attorney Stambaugh po nted out that the contracts for sale are be~b~veen Salvador H. Sentmanat and Norma T. Sentmanat for the residential proper~y, and August and Joseph Vultaggio for the commercial property. He pointed out that this item could go on for a couple of hours and witt~out owner consent, tll the testimony could be void. He also felt there might be a problem with transl~ .on of the testimony. Mr. Scott Barber, of the firm Gee & Jenson, took the podium and st~ ed he was the agent for Krispy Kreme Doughnuts. Motion Mr. Rosenstock moved that the item be tabled until all the requireme ts are completed by the applicant. Motion seconded by Mr. Ensler. Mr Barber pointed out that the due d ligence of the contract would expire round r~nRmber 6th He requested that if the item were tabled tonight, they b.e ~l~wed, ~oVV;~';ent th; land u'se application with the site plan at the Novemoe P meeting in order to make the December 4th Commission agenda. The motion carried 7-0. Attorney Tolces asked for clarification if Mr. Rosenstock's motion was o table until the November meeting. Chairman Wische noted that staff, if it wished, may call a speCial meeting prior to the November regular meeting. 4 Meeting Minutes Planning and Development Board October 23, 2001 Boynton Beach, Florida _ ~ Mr. Rosenstock amended his motion to table the item until the November meeting or a special meeting that could be called by the City or staff. Mr. Ensler agreed to amend his second of the motion, which unanimously carried. Project Name: Agent: Owner: Location: Description: Calvary Chapel James T. Barretta Calvary chapel of Boynton Beach South side of Hypoluxo Road approxir0ately 1,200 feet west of Congress Avenue Request to annex 8 8~- acres of vacant~land located in un ncorporated Palm Beach Cpunty into the City of Boynton Beach; Request to amend the Comprehensiv.ej Plan Future Land Use Map from HR-8 Residential (Palm Beach County designation) to Moderate Density Residential (MoDR); and Request to rezone from Agricu~ltural- Residential (Palm Beach County zoning) to Planned Unit Development (PUD). APPLICANT REQUESTS A POSTPONEME THE NOVEMBER 27, 2001 PLANNIN(~ DEVELOPMENT BOARD MEETING ~T TO AND Motion Mr. Rosenstock moved to table until the November 27, 2001 Planning and Development Board meeting. Motion seconded by Mr. Hay and carried 7-0. Project: Agent: Owner: Location: Description: Boynton Beach Medical Pavilion Chris Kerr Bethesda Healthcare System 2815 South Seacrest Boulevard Request for a height exception pursuant to th,~ City's Land Development Regulations, Chapter 2, [Zoning I e Section 4.F.2 to allow a parapet wall feature to b constructed at 31 feet, 8 inches (31'-8") high, ~vhich is 1 foot, 8 inches (1 '-8") in excess of the maximum thir[y (30) foot height limit in the C-1 Office and Professional Commercial zoning district. Chairman Wische noted that staff recommended approval. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 23, 2001 The public headng was opened. Since no one wished to speak, the public hearing was closed, Mr. Hay inquired why this small additional amount was necessary. The agent responded that the parapet feature would screen all rooftop fixtures. Motion Mr. Rosenstock moved to approve the request for an exception for Boynton Beach Medical Pay on pursuant to the City's Land Development Regul.a~io.ns: apter 2, Zoning, Section 4.F.2 to allow a parapet wall feature to be constr~c[ea aCth~'~ feet, 8 inch~s (31~-8") high, which s 1 foot, 8 inches (1' -8~) in excess ~f the maximum thirty (30) foot height limit in the C-1 Office and Profes;sional Commercial Zoning District, subject to all staff comments. Motion seconded by Mr. Ensler and carried 7-0. 6. Other None 8. Comments by members Mr. Ensler sad he had concerns as to whether this Board was fulfilling its obligations which incude hand ng !he responsibilities of the Com~nunity · rd He said the Clerks Office furnished him with copie~ of all Appearance Boa . . i Ordinances dealing with the Community Appearance Board and he presented them to Mr. Rumpf for his review. Mr. Ensler felt that many of the items contained in the Ordinances are not always being brought before this Board. He requested that Mr Rumpf report back to the Board on its responsibilities. Mr. Rumpf stated that staff always tries to provide the Board with complete projects. If there are items that have not been brought before the Board, he will be able to determine them from the documents provided by Mr. Ensler. 9. Adjournment There being no further business, the meeting properly adjourned at 7:50 p.,m. Respectfully submitted, Barbara M. Madden ReCording Secretary (one tape) (October 24, 2001) Regina|d G. Stambaugh' Theodore T. Tarone, Jr. STAMBAUGH & TARONE, P.A. Attorneys At Law 180 Royal Palm Way. Suite 201 palm Beach, Florida 33480 Telei3hone (561) 832-0272 Facs[mite (561) 832-0062 *Board Certified Real Estate Attorney October 23, 2001 City of Boynton Beach Chairmam. Plmming and Development Board 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Dynamic Doughnuts Florida Realty, Inc. / Krispy Kreme Dear Chairman: Please be advised that I have been retained to represent Mr. Craig Stmxley and alnumber of Bo ton Beach residents residing closely to the proposed development made by Kr~,spy Kreme onY~vnton Beach Boulevard here in Boynton Beach, Florida. The concerned resiCents that I represe'nt are now known as "Save Our Street" or "SOS." By this letter, nty clients hereby object to the application submitted by Gee & Jensen for the rezoning and replanning of the property owned by Salvador and Norma Sentmanat and August and Joseph Vultaggio located contiguous to Boynton Beach Boulevard for the followihg reason: THE APPLICATION MADE IS LEGALLY DEFICIENT ON ITS FACE. TIlE APPLICATION DOES NOT HAVE THE OWNER'S APPROVAL. Specifically, Dynamic Doughnuts Florida Realty, Inc. is the prospective Buyer of~e owners' property. The owners have not delegated any authority to Gee & Jensen or Dynamic Doughnuts Florida Realty, Inc. to act on their behalf in submitting this application. In fact, Ge~& Jensen is · ration, which is not duiy formed in the State of Fl~o~da, named merely representing a co_fpo · . · ' 'ye bu er of the owners' Dynamic Doughnuts of l~oynton Beach, Inc. Th~s as not the prospect~ y property. Le all , this application cannot proceed without the proper owners' authority (see 9ttachments). ~, g Y ........ '---~ ~--- *~-e owners Any recommendations or proce§sing of this tile appncatlorl is iell unslgxmu uy m . application by the City without the proper owner authority is void ab initio. City of Boynton Beach Craig Stanley October 23, 2001 Page Two Based on the foregoing, this letter hereby requests the Planning and Development Board to table any application made until the proper authority is given to the City. Sincerely, By." nald G. Stambaugh, Esq. RGS:trc cc: Craig Stanley ;ity of Boynton Beach - j. AND USE AMENDMENT AND/OR REZONING APPLICATION ~.~ age 8 t CERTIFICATION rstand that this application and all plans and papers submitted herewith become a (l) .OA/.e),.un_d~_ __--, -~-,-~,rds of the Planning and Zoning Board. (I) ON.e) here.by .c~..rt!,fy,_~_a_t_~t~h~e part oT me pem,a,.=,t ,~,.,- - ' -: ........ ~'~ or nlans sut3mittea nerewlut - statements or ShOWings ,i, a,,y ~.=~.~o .- ~- :rb;~ueSt~otat~nl~nodf,...,a~nmYv)(our) knowledge and bel,ef. Th,s appl,cation will not be accepted unless signed according to the instructions below. VI. Signature of Owner(s) or Trustee. or Authorized Pdncipat if_property is owned by a corporation or other business entity. AUTHORIZATION OF AGENT_ Date ~ent (I) (We) hereby designate the above signed person as (my) (our) authorized agent with regard to this application. Signature of Owner(s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date o x <Qo. m, rs o xo Q cn. n c. 4225 Genesee Sireet B~o~ New Y~k 14225 (71~ 634-2121 F~ (716) 634-6059 AGENT CONSENT FORM STATE OF~ CouNTY OF ~ C:::G~ BEFORE ME TH!S DAY pERSONALLY APPEARED ~' /~' ~[c~ ~Q BEING DULY ~wORN, DEPQSESAND SAYS T~T: ~ [C ~ I~ ..... he He/she is ~e~wn~ of the teal pmpe~y legacy deecnDeo ~n ~ applit ~ 2, He/she ~uiy authorizes and des~nat~ ~co~ Barber (Gee & Jenso ~ in histber behalf far the pupates of~e r~l propady i~aDy dascrib{~c in this He/she has e×sm~ned the' fore<:jotng apptlce'~ion artd helshe underage ~s how the propos~ ch~e may affect ~e real properly le~all~ descfibe~[ in t~s application Tn) as identification and who did FURTHER AFFIANT SAYETH NOT. The fore~oing~ns[mment, was ad<~owledged =afore me this ~,cknowted§ing) who is known to me or has produced ~"~'-~'~ ' did not) taka an oath. (Notary Seal) Serial Number N.Y. Ccmm~ss~on Exp~,e ~ / ~ ~ne~s Name (Printed) Ownafm ~drass Telephone TNfS PURCHASE AND SALE AGREE54ENT PURCHASE AND SALE AGREEMENT (this "Agreement") this /~ day of July, 2001, by and between Salvador H. Sez and Noraua T. Sen~n~at, ("Seller"), residing at 633 N.W. Boynton Beach, Florida 33426, and Dyn~m{c Doughnuts Florida Inc., (or its assign) a Florida corporation ("Purchaser"), offices at 4225 Genesee Street, Buffalo, New York 14225. 1. Sale of Property. Subject to termination during Diligence Period (see Section 11)' Seller agrees to sell and to Purchaser and Purchaser agrees to purchase and acqui! Seller, the property located in Palm Beach County, Fi made ~enue, ealty, ihaving he Due convey~ from orida, consisting of the real 'property described on Exhibit "A" a~ tached -~heretor including all improvements located thereon, subject to the provisions of Section 39 (collectively, the "Property") uDon the terms and conditions 2. Appurtenant Rights. sale are all of Seller's right, following (subject, however, to hereinafter defined below): (a) all easements, appurtenances to the Property. 3. Purchase Price, Payment, (a) The purghase price rights-of-way, set forth below. Included in the purchase nd the title and interest in and to the the "Permitted Encumbrances", as streets a ( other and, Deposit. (the "Purchase ~undred Fifty,Thousand U.S. Dollars ($250,000.00), ~.~djustments and prorations specified below. be paid as follows: Price") subject The Purchase PrJ is Two to the me will C PURCHASE AND SALE AGREEMENT ~tS PURCHASE AND SALE AGREEMElqT (this -Agreement") is made this~ day of July, 2001, by and betwee~ August ~ncl Joseph V~ltaggio, ("Seller"), having offices at 1501 N.W. 2~ Avenu Raton, Florida 33432, and D5rn=~c Doughnuts Florida Realty (or its ~ssi~Fn) a Florida corporation (,Purchaser"), having at 4225 Genesee Street, Buffalo, New York 14225. 1. Sale of Property. subject to termination during Diligence Period (see Section 11) Seller agrees to sell an( to Purchaser and Purchaser agrees to purchase and acqui Seller, the property located in Palm Beach County, consisting of the real property described on Ext%ibit "A" -hereto, including all improvements located thereon (colle Boca Inc., ~ffices :he Due convey-- :e from lorida, ttached tivety, the "Property") upon the terms and conditions set forth b~low. 2. Appurtenant Rights.. Included in the purchase land the sale are all of Seller's right, title and interest in an~ to the following (subject, however, to the ,Permitted Encumbrances", as hereinafter defined below): B (a) all easements, rigkts-of-way,-streets knd other appurtenances to the Property- 3. Purvh~ze Price, Pa~xe~t, ~d, Deposit.. (a) The purchase price (the -Purchase Price") is Four ~Hundred Eighty Fiye Thousand U.S. Dollars ($485,000.00), s~ject to the ad3ustment~'and- prorations specified below. The Purchase~ Price will be paid as follows: ~ (1) On the ,Effective Date" of this A~reement