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LEGAL APPROVAL MEETING MINUTES \;- PLANNING & DEVELOPMENT b\JARD BOYNTON BEACH, FLORIDA JANUARY 14, 1997 for the downtown. However, Mr. Rosenstock disagreed because there are conflicting interests between CRAB and the Planning and Development Board. He pointed out that landscaping is part of the plans that are presented to the Planning and Development Board. He does not see the need to "spin off" another board just to handle landscaping. Ms. Heyden reminded everyone of the Community Appearance Board which existed to review landscaping. That board was eliminated to cut out that layer, and landscape review responsibilities were given to the Planning and Development Board. Mr. Rosenstock was not in favor of saving any board if there was a way to accomplish what needs to be done in accordance with State Statutes relative to laymen's participation in community government. It is the City Commission's responsibility to detennine the necessary boards. He suggested workshopping a review of all of the boards to determine if there are conflicting authorities. Those conflicts should be eliminated. Mayor Taylor said the City Commission will be addressing this issue. Approximately 60 days ago, a decision was made by the Commission to leave the CRAB board in existence. However, that was before anyone perceived this problem. The CRAB board handles the entire CRA area. Consensus There was a consensus of the board that the Planning and Development Board should handle anything that has to do with planning and development in the City. B. Report from the Planning and Zoning Department 1. Final Disposition of Last Meeting's Agenda Items a. The Boulevard Center Land Use Amendment/Rezoning/Comprehensive Plan Text Amendment was postponed at the City Commission. It will go forward on January 21. b. The Quantum Park Use Approval to amend the list of permitted uses to allow cosmetic manufacturing was approved. The reference to jewelry manufacturing was deleted. c. With regard to the master plan modification that was an amendment to the DRI to change the use of the lots BGI is Interested In to allow industrial use and research and development, the Commission dropped the condition regarding Note #4 on the master plan. However, prior to the next future change to a commercial lot, the applicant must come before the City with a use matrix that would be submitted as a regular DRI amendment. d. The master plan for Orchard Landing was unanimously approved subject to all staff comments. e. The site plan for the Hills at Lake Eden was approved subject to all staff comments and the Planning and Development Board's recommendations. f. The time extension for Whlpowill Arms was denied. Ms. Heyden reminded the members that the LOR workshop was held, but the group left the meeting before 5 - DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA ~ fEC18~ &m APPLICANT: Whioowill Arms APPLICANT'S AGENT/OWNER: Burton Metsch DATE OF HEARING BEFORE CITY COMMISSION: 12/17/96 TYPE OF RELIEF SOUGHT: Reauest for a second one vear time extension for concurrencv and site plan aooroval. LOCATION OF PROPERTY: 515-513 SE 4th Street DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ~~ NOT established by substantial competent evidence a basis for the relief requested. 3 The Applicant's application for relief is hereby _ GRANTED subject to the conditions marked as "include" in Exhibit "D" hereto. - / .y DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. .." ~,.' _DATED: December 17.1996 "J~A>'.d1cn-~--?'- City lerk ~\\\\\""""'I"IJ ~~"'~~'TON e ~/*~ ~ 0 .......... ~ ~ ~ <!) ....~ORA.,.k~~..,C ~ :: 4 lo~ ~ 'So ~ = 0 ;0 ~ = ,.. :z = %~~- ~nO f "::!.... .\ "d" ~ ~- \ ..."~~ ~~Whi 1Iira.\.Q, 1~ F\.O~ ~ 'I11''''tt''\\\\\\\'~ ..., .. ~ .... ;; c1~":'...<9:r ~::..~ n' -. \ \ ,-n"'" .... . ~ .~~ . 1"' I n . .. .. , I' ~... 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Project name: Whipowill Arms File number: SPTE 96-001 and CNTE 96-002 Reference: Site plan and concurrency certification time extension. Planning and Zoning Degartment Memorandum No 96-643 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS e . ...,........... UTILITIES Comments: 1. The unpaid balance of the reservation fee of $2,411.64 is due within thirty (30) days of Commission approval, (Sec. 26- 34[E]). 2. It is the Utility Department recommendation that the plan not .. thrnuah the FIRE CL .--.- . Nr IN~ POLICE ~ !nt~. DEVELOPMENT DEPARTMENT C PARKS AND RECREATION CUI FORESTER/ENVIRONMENTALIST - '~E LUI PLANNING AND ZONING Comments: 3. Based on decisions forthcoming from the visions study regarding uses in the area of the subject request, it is recommended that the site plan approval and concurrency time extension be granted for six (6) months from February 21, 1997 to August 21, 1997. DEPARTMENTS INCLUDE REJECT 4. The conditions of approval granted with the original site plan approval remain applicable to the extended site plan and the permit plans for the project shall comply with the regulations listed in the current Land Development Regulations. 5. This approval shall become null and void in the event the .' fee is not naid davs ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. The Planning and Development Board recommends denial of the timA ion rlQonlllQoc::t ADDITIONAL CITY COMMISSION CONDITIONS 7. To be determined. T JH:dim D:\SHARE\WP\PROJECTS\WHIPOWIL\SPTE\CONDAPPR.WPD "Wf .., ADDITIONAL CONDITIONS FROM COrvtMISSION MEETING 1. 2. 3. 4. 5. 6. 7. 8. 9. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1996 worked out with the City Commission. The whole site is a compromise from what the developer wanted and what the City wanted. If this board recommends something else, it would be going against what the City has already comprised with the developer. Motion Mr. Aguila moved to approve the request for site plan approval for perimeter wall and buffer landscaping, common area landscaping, gated entry, preserve area fencing and sign age for the Hills at Lake Eden PUD, subject to staff comments and the following: . Delete the words "either a solid wood fence painted a neutral color or" from Comment 22; . Delete Comment 25 since it has been resolved; and . Add the following comment: The developer will return a minimum of 20 feet on the masonry walls in the northeast, southeast, and southwest corners of the property before commencing the chain link fence. Mr. Reed seconded the motion. Vice Chairman Golden said he is going to vote against this to be consistent with previous actions. The motion carried 5-1. Vice Chairman Golden cast the dissenting vote. E. Time Extension 1. Project: Agent/Owner: Location: Description: Whlpowlll Arms Burton Metsch 515-513 S.E. 4th Street Request for a second one year time extension for concurrency and site plan approval. Mr. Metsch was not present. Chairman Dube pointed out that when the board approved the previous time extension, it was for the exact same reason, which was that the applicant could not get financing. Mr. Aguila asked why the Utility Department recommended that the plan not proceed through the review process. Ms. Heyden explained that they never got their reservation fee so they do not feel that the applicant is trustworthy of turning in that fee. This condition 15 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 10, 1996 was included so that if we do not get the money, then at that point, it becomes nut! and void. Motion Mr. Aguila moved to deny this request for a second one year time extension for concurrency and site plan approval. Mr. Wische seconded the motion, which carried 6-0. F. Other Discussion (continued from last meeting) 1. Proposed changes to Chapters 2 and 5 of the Land Development Regulations Chairman Dube advised that a joint Planning and Development Board and City Commission workshop to discuss all the LDR changes is scheduled for January 9, 1997 at 7:00 p.m. at the City Hall at the Mall. He explained that only Chapters 2 (height of hedge issue only) and 5 will be discussed this evening. The rest will be discussed at the January 9th workshop. The members of the board did not propose any changes to these chapters. Ms. Heyden said the only substantive issue is the change that would no longer require us to require surety to be turned in for improvements that, although required by our Code, would not be dedicated to the City. She said this is sort of a philosophical issue regarding what you see the City's role being to insure that a project is completed per the plans that were approved by the City. She expressed concern about page 4, which appears to state that the City will hold up accepting public improvements, even though they are complete, if there are private improvements that are not complete. She did not know if we can do that. At this time, William Hukill arrived. He explained that a surety was added and one was eliminated. The surety that was added is a restoration surety for restoring a site to the condition it was in when the developer came on it. Under this new condition, the developer, or the City if the surety is called, would be required to restore the property (grade it, stop the blowing dust and sand, sod or seed it, etc.) to the way it was the day the developer started to get it back to its original condition. The surety that was eliminated was for the improvements that a developer puts in that the City does not have any ownership, operation, or maintenance interests in. For example, 16