REVIEW COMMENTS
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-018
Agenda Memorandum for
January 16, 1996 City Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. Heyden J'~
Planning and Zoning Director
DATE: January 11, 1996
SUBJECT: Whipowill Arms ~ SPTE 95-002
Site plan and concurrency certification time extension
SPTE #95-001 and CNTE # 95-002
Please place the above-referenced request on the January 16, 1996
City Commission agenda under Development Plans.
DESCRIPTION: Burton Metsch, owner of the property at 513-515 S.E.
4th Street, is requesting approval of an additional one (1) year
concurrency certification and site plan approval time extension for
the Whipowill Arms motel apartment project. If approved, the
request would extend the expiration of the site plan to February
21, 1997.
RECOMMENDATION: The Planning and Development Board, with a
unanimous vote, recommended approval subject to the original site
plan review conditions and comments. At the Board meeting there
was discussion about the city's downtown redevelopment efforts.
The applicant stated that he wanted to clarify, for the record,
that his bank is not suggesting that the city has no redevelopment
plan. However, his bank will not approve financing until some
actual redevelopment activity takes place.
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Attachment
a:CCAgTime.WHI
January 16. 1996
I. OPENINGS:
~~z
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
A. Call to Order - Mayor Jerry Taylor
B. Invocation - Rev. John Block. 51. Mark Catholic Church
C. Pledge of Allegiance to the Flag led by Commissioner Sid Rosen
D. Agenda Approval:
1. Additions. Deletions. Corrections
2. Adoption
II. ADMINISTRATIVE:
6:30 P.M.
A. Accept resignation from Helen Voelxen, Alternate Member. Advisory Board on
Children & Youth
B. Accept resignation from Rhennie K. Givhan, Municipal Firefighters' Pension Board
C. Appointments to be made:
APPOINTMENT
TO BE MAOf
IV Matson
II Bradley
IV Matson
IV Malson
IV Malson
IV Matson
IV Matson
IV Matson
III Jaskiewicz
IV Matson
Mayor Taylor
II Bradley
III Jaskiewicz
IV Matson
Mayor Taylor
III. CONSENT AGENDA
BOARD
Bldg Brd of Adj & Appeal Alt
Cemetery Board Alt
Adv Brd Children & Youth All
Comm Redev Adv Board Reg
Code Enforcement Board All
Adv Brd Children & Youth Reg
Adv Brd Children & Youth Reg
Board of Zoning Appeal Reg
Education Advisory Board 5tu
Bldg Brd of Adj & Appeal Alt
Education Advisory Board Alt
Adv Brd Children & Youth Alt
Education Advisory Board Reg
Education Advisory Board Reg
Municipal Firefighters' Pension Fnd
LENGTH OF TERM
EXEJRA TION DATE
Term expires 4/96
Term expires 4/96
Term expires 4/96
1 yr Term to 4/96
1 yr Term to 9/96
Term expires 4/97
Term expires 4/97
2 yr term to 1/98
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/96
Term expires 4/97
Term expires 4/97
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
TABLED
Matters In this Section of the Agenda are proposed and recommended by the City Manager
for "Consent Agenda" approval of the action Indicated In each Item. with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission Meeting Minutes of January 2. 1996
B. Bids - Recommend Approval - All expenditures are approved In the 1995-96 Adopted
Budget
1
1. Award annual contract for PVC schedule 40 and 80 Irrigation supplies to the lowest
vendor for each category for various departments
2. Approve purchase of submersible pump from A. Guthrie and Associates In the
amount of $51.534.00 for Utility pumping stations
3. Award bid for the Annual contract for Custodial Services for Various Parks to Brown's
Cleaning Service for $1.132.09 per week
C. Resolutions
1. Proposed Resolution No. R96- RE: Supporting the dissolution of the South
lake Worth Inlet district and the assumption of the operation and maintenance of the
South Lake Worth Inlet by Palm Beach County
D. Approval of Bills
E. Approve budget transfer to adjust budget amounts to reflect actual balances to carry
forward (Adopted 95/96 Budget amounts were estimates - CIP Fund)
F. Payment of Bills - December 1995
IV. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements
1. Joint meeting between the City Commission and Coalition of Boynton West
Residents Association - Thursday, February 8, 1996 at 4:00 P.M. - Library Program
Room located at 208 South Seacrest Boulevard
2. Special City Commission Meeting - Thursday. February 15.1996 at 4:00 P.M. - City
Hall Commission Chambers
a) General Election Issues - Receipt of Candidates' Nominating Petitions & General
Election Proclamation
b) City Advisory Boards
B. Presentations
1. Proclamation - Burn Awareness Week - February 4 - 10, 1996
2. Presentation of award to Recreation & Parks Department by Mike Hazlett, American
Earth Friendly. Inc.
v. BIDS:
None
VI. PUBLIC HEARING: 7:00 PM OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Hills of lake Eden PUD POSTPONED TO JANUARY 16, 1996
Burlison A. Gentry - Gentry Engineering & Land Surveying, Inc.
Newport Properties, Inc.
Northwest corner of S.E..36th Avenue and Seacrest Boulevard
REZONING - Request for zoning and master plan approval to
construct 62 single-family detached homes on 15.45 acres of land in
connection with a rezoning from R-l-AAB (single-family residential)
to Planned Unit Development with a land use Intensity of 5 (PUD with
lUI=5).
2
B. Impasse Hearing reference collective bargaining agreement for FY 1995/96 bet\~een the
Fraternal Order of Police (FOP) (Sergeants & Lieutenants) and the City of Boynton
Beach
VII. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS
VIII. DEVELOPMENT PLANS:
A. PROJECT:
AGENT:
APPLICANT:
LOCATION:
DESCRIPTION:
B. PROJECT:
AGENT:
APPLICANT
LOCATION:
DESCRIPTION:
C. PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
IX. NEW BUSINESS:
Isles of Hunters Run
Kieran J. Kilday, Kilday & Associates, Inc.
Home Development Corporation
West side of Congress Avenue. approximately 500 feet north of
Summit Drive
SITE PLAN: Request for site plan approval for common area
landscaping, decorative wall. project signage and a guardhouse in
connection with development of 56 zero lot-line, single-family
detached dwelling units.
Romano's Macaroni Grill at the Catalina Center
Roscoe L. Siby, P.E. c/o Kimley-Horn and Associates
Kevin Connell, Brinker International
1501 Congress Avenue
SITE PLAN MODIFICATION: Request to amend the previously
approved site plan to alter the exterior of the outparcel building
(formerly Marie Calendar's restaurant) at the Catalina Center Plat
No.1. increase seating from 205 to 248 and revise the shared
parking study for a new restaurant.
Whipowill Arms
Burton Metsch
513-515 SE 4th Street
TIME EXTENSIONS: Request for a one year time extension for
concurrency and site plan approval.
A. Items for discussion requested by Commissioner Shirley Jaskiewicz
1. Consideration of final items on Residential Appearance Code
2. Consideration of adoption of new Palm Beach County Nuisance Abatement
ordinance
x. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 096-01 RE: Amending Chapter 2, Section 4 of the
Land Development Code to allow boat docks and canopies as permissible structures
B. Ordinances - 1st Reading:
None
C. Resolutions
1. Proposed Resolution No. R96-
for Police Chief
RE: Ratification of City Manager's selection
3
D. Olher
1. Code Enforcement Lien Reduction for Freynel Jean-Baptiste
2. Code Enforcement Lien Reduction for A. J. Inc. Maryland Corporation
3. Executive Session
Commission will recess to a closed door executive session to discuss with the City
Attorney the following pending legal matters. This closed door session will last
approximately 45 minutes.
a) Geller vs City of Boynton Beach
b) 300 Properties vs. City of Boynton Beach
c) R.H.S. vs. City of Boynton Beach
d) 81. Juste vs. City of Boynton Beach
XI. UNFINISHED BUSINESS:
None
XII. CITY MANAGER'S REPORT:
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MAnER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S.286.0105)
THE CITY SHALL FURNISH APPROPRIATE 'AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY
THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT
JOYCE COSTELLO, (407) 375-6013 AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
4
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 95-740
FROM:
Chairman and Members
Planning and Development Board
Tambri J. Heyden ~.~
Planning and Zoning Director
TO:
DATE:
January 5, 1996
SUBJECT:
Whipowill Arms - SPTE 95-002
Site plan and concurrency certification time extension
NATURE OF REQUEST
Burton Metsch, owner of the property at 513-515 S.E. 4th Street, is
requesting approval of a time extension for building permits for the
construction of Whipowill Arms (see attached Exhibit II All location
map) . The request is for an additional one (1) year period. If
approved, the request would extend the expiration date of the site plan
to February 21, 1997.
BACKGROUND
On February 21, 1995, the City Commission approved the Whipowill Arms
site plan. The site plan included a 20,738 square foot, two-story, 39
unit motel apartment building with associated parking and landscaping
(see Exhibit liB" - proposed site plan). The location of the property,
zoned Community Commercial (C-3), is more specifically described as the
west side of S.E. 4th Street, between 4th Street and the F.E.C. Railway,
approximately 75 feet north of the intersection of S.E. 4th Street and
S.E. 5th Avenue.
Chapter 4, Section 5 of the city's land development regulations
indicates that the City Commission, at its discretion, may extend the
approval of a site plan for a one year period, provided a request for
extension is filed prior to the expiration of the (initial) one year
period. In granting such extensions, the City Commission may impose
additional conditions to conform the site plan to current development
standards.
ANALYSIS
The applicant has indicated in his letter of request (see attached
Exhibit IICII) that the project lenders have expressed concern that the
downtown Boynton Beach redevelopment effort does not have a defined
direction. Therefore, more time is required for commitment of
financing. The latest draft of the downtown redevelopment plan,
prepared by the former downtown development coordinator is currently
being reviewed and finalized by staff, after which it will require re-
review by the boards and Commission.
Regarding timing requirementst the request for time extension of the
site plan was filed in a timely manner as the approval was valid through
February 21, 1996 and the request for extension was submitted on
December 4, 1995. Regarding concurrency, all levels of service can
still be met, therefore there are no problems with extending concurrency
certification for the requested one year period. Also, although the
site plan was approved approximately two months prior to the adoption of
the city's current land development regulations, the site plan, once
revised to address the original staff comments, will meet current code.
RECOMMENDATION:
On December 26, 1995, the Concurrency Review Board/Technical Review
Committee met and unanimously recommended approval of the extension.
This recommendations is subj ect to the original site plan review
conditions and comments and is based on the above analysis related to
concurrency and current codes.
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