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' ~...
'. i1\ \ '\
t) ~{11 ~
~'f1"')~.Gl.Tj
J,.lh '-H 1
....1'0. ~\ t I
~010 ('r\-' l
\\{t ~l
~1\T - ~l1n'
;.~,. iU -.-1
'.' . .~.~.
.. ,~~.1'- -
-:v,.... _" "" " ,11' , \11 \I ' -
or 1:13_
!~~~.~~~ 1
~-'
~I I
~. .:.
Lf
..
. ~
.
.-'
:'
...
Ii::
-Cd
..
.:
..
.. -eelliJ-\
. -.;~ ~
n11 :;;;;..~. . .-"'J..-~..r~ :
~ "
===- . ..""- : . '
M' ., . .'
...~.. .1: ..i. ~ -\ ;:" ~l ~I'I~'" \i, ,,~- ~ ~\.';. -',,1~': '\ .... 1
.._ _ _' . ,.' \ 1
~~,,;\ .. 1\ 1 ' t f~ ' ." : :, \ 1 ,'. \ ... 1 t
.. ... . .' ,III \ ___.- .: 1 '
.,' '..I.,!' '" t _. 3l: . if, il.,..LI'\ b ,., . · ... ,i t=::
.l!ll' .1,1 .l!I! ..... tt ,'"....~. ,11 ...: " .. b-
{J. ,sat ':"l.:~\ ""'-': ~ ~_IJ l.;~ .:\ =: I: ~...;:., ...;~ . .J~I .
\ . . ~\\l ,I ,.,' [ ~,. - · =-: I '- .' .. l~"'" ~~
'\.. .1.1>'1 ,,' _ = . l' l' i
.. ' l ~~ ~ m: f'I' 1=1 __' , ~i _.-1- \ . ~' \ ~- .-
. \lr, '1'1' ~\1 l\W.: Iii .. - iI :... \
rn ,,"" Co ..".' ,-= Ii:. L--'
u.," ,.' .. .. ,I
''3 ' .1 "\\ \'" , ,i\ \\\ \\ ...:.' ~ . \ · - c-
'......: . ,\ \ .. \" "r.. I .: 0 ...... _,' '.'( ,C\', . ,.:.~..~}. -.,. J-\ . ..,
;'''~Wllr .1\\ \\ ' ,\tn. ~i::: :;:.-j'" ,-;- ~ ..:~~-"",._.J "1f;' .
,'.~ \\\' I;\' l\\" . tlJ . =' ::: · ., -, ." . V 1. -' .-
<.~~\; ~\' rr\'~' I;' .d: ~ 2;:':"'~' ,1 -; : l' ~ - ,,-
rill' ill m~1I .u' II''; c l3 1TT' \ .: -- - . -."
, ~ill [\11 n 1 '" II I en' :lJ "1. - . . ~ II
'\:D.l III .11 ~~' ,II. \~r!' -,. 'n"'/., . ~". .' -. .,'
~ @ n ~ . j :\\\ JJb ~O' II "{l i -E"' , [ ,\ 7 Jr ., -
\ ,:\' \' " l;r'-' - .:[ ~
\r~\'\ ,\ :.- '\ '1.. ~---ll' 'f} i . :s:.-'l-{:"~--
. ~il\ \ II Ill' \' .- · - I · ,'" ,I l . fie.:. - -
'\"n!1l1T ~\~E\f (\~:~:~ .~.: 1ir~:rL rL~..~ -~~II
\~ ,.. I . \ I; I.' v 1 ~ ..:
. : i -- :y."'''W r f: .-
pU 1 1: \ GS' i:t cr~l f \ 11
: . Q ..-. ~. 1_' 'n" lC.I'
._..;-,'PIrl:.. dl~ ,~'i\ .,i-r- Iii i~"'~~~~
-------.---'.
T .-.
. .-
'\ -
~
--
.-
~
EXHIBIT "0"
Conditions of Approval
.."
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