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LEGAL APPROVAL DEVELOPMENT ORDEB - CITY OF BOYNTON BEACH, JA 00 ~@~OW~ ill SEP 2 1997 - 'LANNING AND ZONING DEPT. PROJECT NAME: Boynton Beach Mobile Village APPLICANT: Bob Brown APPLICANT'S AGENT: None APPLICANT'S ADDRESS: 3757 N.E. 6th Drive. Boca Raton, FL 33431 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Community Design Plan Appeal (dumpster enclosure) LOCATION OF PROPERTY: 1801 N.E. 4th Street DRAWING(S): SEE EXHIBIT "An 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 LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applic~nt's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other \.I';IIi/!/1 III ~ . ,ON B" ''''.. . \ ~\ ........ -f ~ . ~~/ {';"'."QAATlEiJ..01-~ City Clerk ~ ~ ...~ J ~ = u.. fO = - 0 .(.) - J:\SHRDATA\Plan.ning\SHARED\V\lP\PROJECTS\8rown\CDPA\DEVELOPMENT ORDER. doc ~ ..". .~t'\.,.",t::Jl $ , ~ ''Y.l.. ~;::- ~ ~~ .... .$> ~ ~ .., ~ ~ ~ e\ 0 ~ ~~ r~ ~\~ "11"'''11\\\\\\'\ DATED:O.h'f"'~<2L ~ /9P7 /3 EXHIBIT "B" Conditions of Approval Project name: Boynton Beach Mobile Village (canvas dumpster enclosure) File number: CDPA 97-003 Reference: Letter ofreauest dated Julv 3. 1997. File # CDPA 97-003 with a Julv 7. 1997 Planning and Zoning Deoartment date stamD markinll. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/A UTILITIES Comments: N/ A FIRE Comments: N/A POLICE Comments: N/ A ENGINEERING DIVISION Comments: N/ A BUILDING DIVISION Comments: N/ A P ARKS AND RECREATION Comments: N/ A FORESTER/ENVIRONMENTALIST Comments: N/ A PLANNING AND ZONING Comments: 1. If the appeal is granted, it is recommended that the sides of the dumpster shall be protected by additional structures (such as a heavy duty steel frame, V concrete or steel bollards, etc.) and appropriately landscaped. A letter from the property owner releasing the city from any liability of damage (to either the canvas, or structural framing) caused by city sanitation vehicles is required prior to issuance of a building pennit. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. Denied ADDITIONAL CITY COMMISSION CONDITIONS 3. To be detennined. ~Nt!f' c:X'1I/011 n LOCATION M}\P BOYNTON BEACH MOBILE VILLAGE . "~)'~I-" -- r; ,',' ~.. ~~ h' 7' I '~ 1:~ '- '- ,....: ~, I ~~ In ': I , :' r" J ': . -:' -: 1..~iJ I, . :__y~U j C j ~:t-~'~I,-~-J : - I :.Ji.i 7.) r1 \ ~ -- . ~. ~I ............. I IS' " ::::i~" ~e~JS:i'--;l~;:::= elN' ~,:,' lii.I~', . 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I" IT, ,J'" ~ I r RE ~ v c ... CI r, ~ ... z . o CD ... o ~ ... v 11> ... ! ~ oJ . r I' i'T r1JTI I t> ,'>'~/J o ,,~fgl JJ2 - . ~J (-( - .l=-l . \' \ ~ ~ 1/8 MIL~S~ ~ JIIHo.~!o F~~T "- u _ 1'/,.14 N"'IN r: Pe.P r. ' .0 M~ETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 This item was removed from the Consent Agenda for discussion. I. Approve request for Boynton Mobile Village for Community Design Plan Appeal J. Approve request for Palm Walk ACLF for conditional use time extensionl concurrency time extension K. Approve request for master plan modification for the Shoppes of Woolbright PCO This item was removed from the Consent Agenda tor discussion. L. Approve request for master plan modification for Melear PUD M. Approve request for new site plan for ARC (American Retirement Communities) at Boynton Beach N. Approve request for new site plan for Woolbright Medical Office This item was removed from the Consent Agenda tor discussion. O. Approve site plan time extension for Boynton Beach Mall-Department Store F P. Approve funding for City Halllnformation/Site Sign in the amount of either $10,000 or $25,000 a. Approve request for refund on Mausoleum Crypt #E-9, Benediction Building, Section B, Boynton Beach Memorial Park purchased by Rosadee Wright R. Approve request for refund on Cemetery Lots 10 & 11, Block J, Boynton Beach Memorial Park, purchased by Louise L. Carver S. Authorization to turn finalized utility accounts with uncollectible balances to 3/31/97 over to collection agency Motion Commissioner Tillman moved to approve the Consent Agenda wit Commissioner Jaskiewicz seconded the motion which carrie exception of Items "H". "K", and uN" H. Approve request for Shafiqul Is m for a variance to the Land Development Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed Commissioner Jaskiewicz reported that she attended the Planning & Development Board meeting when this issue was addressed. After the meeting, she inspected the area and feels this request would be very appropriate. This site is located on the Intracoastal where very large homes already exist. She does not feel the structure will block anyone's view. It is her opinion that the board was too stringent in requiring the applicant to stay within the 25' limit tor a luxury home and she recalled that the applicant was willing to go to 30'. It appeared to Commissioner Jaskiewicz that some of the existing homes are higher than 25'. She teels this request should be given reconsideration, and she is hopeful it will not be denied. Attorney Cherot advised that the applicant has requested a postponement of this item. He suggested this item be tabled. 5 MINUTES OF THE t<EGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, F ON TUESDAY, AUGUST 19, 1997, AT 6:30 P.M. PRESENT rnrnrnu\H~ .- I ~ ' I;" . 'II!; ~' U' i ASEP 4 _.'- ,....... . ~::..'~, .~ PLANNING AND ZONING DEPt ~. Gerald "Jerry" Taylor. Mayor Jamie Titcomb. Vice Mayor Matt Bradley, Commissioner Shirley Jaskiewicz. Commissioner Henderson Tillman. Commissioner Kerry Willis. City Manager James Cherof. City Attorney Sue Kruse. City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Father Mark, Pastor, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation, Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested the addition to two items under X-New Business. They will be: 1. Letter from the .'! Have A Dream Foundation": and 2. 1-95 Wall as it relates to Forest Park Elementary School City Manager Willis added four items under V-City Manager's Report. They are: 1. Citizens Action Center 2. Schedule Workshop to Discuss Fire and EMS Services to Hypoluxo 3. Authorization to Retain Labor Management Services 4. Approval of a Block Party Request 2. Adoption Commissioner Tillman moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion which earned 4-0. Mayor Taylor announced that Commissioner Bradley is out of town. II. ADMINISTRATIVE: I\: T BRADLEY WAS OUT OF TOWN DURING THIS MEETING. 1 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 k Comment 17 This comment deals with making some square footages consistent on site plans and master plans. He will confirm the numbers with staff before the City Commission meeting. Attorney Pawelczyk recommended leaving comment 13 in. If the City Commission decides to make any alterations. they would override this comment. If they eliminate this comment. it would be moot. Motion Mr. Dube moved to approve the request to modify the previously approved Shoppes of Woolbright PCD master plan to move north, approximately 40 feet, the driveway that is located on the east side of S.W. 8th Street between Outparcel 1 and Outparcel 2. reduce the floor area of Outparcel 1 from 4,000 square feet to 3,710 square feet. reduce the floor area of Outparcel 2 from 6.745 square feet to 6,492 square feet, reduce the floor area of Outparcel 3 from 3,175 square feet to 2.911 square feet, detach from Home Depot the commercial buildings located north of the garden center and combine the two southern most tenant spaces, subject to all conditions of approval by staff. Vice Chairman Golden seconded the motion. which carried unanimously. C. Appeals Community Design Plan Appeal 1. Project: Agent: Owner: Location: Description: Boynton Beach Mobile Village Bob Brown Spillane Brown Development Co. 1801 N.E. 4th Street Request to appeal the Community Design Plan, Section 10.C.3. to allow a canvas dumpster enclosure to substitute for the required concrete block, stuccoed wall dumpster enclosure. Bob S. Brown, owner of the Boynton Beach Mobile Village, did not object to the one staff comment, and advised that the steel structure is up. 11 .~._-----_._-----_.. MINUTES PLANNING AND DE"t:i.OPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1991 Mr. Aguila asked why the dumpsters are nine feet high. Mr. Brown advised that there are rollers on the bottoms of the dumpsters so they can be pushed out so that the trucks do not run into the frames. They are side load dumpsters. Motion Mr. Dube moved to deny the request to appeal the Community Design Plan, Section 10.C.3, to allow a canvas dumpster enclosure to substitute for the required concrete block, stuccoed wall dumpster enclosure. Vice Chairman Golden seconded the motion. Vice Chairman Golden asked why Mr. Brown does not bring this up to code and construct a sturdier enclosure. Mr. Brown advised that he has other improvements to make and dumpster enclosures are very expensive. Vice Chairman Golden pointed out that the weather and garbage trucks may damage the canvas. Mr. Brown stated that he had wheels put on the dumpsters so they can be pushed out. The truck will not get close to the enclosure. Chairman Wische stated that anything that is grandfathered in could stay that way unless the owner requests a change. Once the owner requests a change, it has to be brought up to the current code. The current code requires a concrete block, stuccoed wall dumpster enclosure. He felt Mr. Brown should conform to the current code. Mr. Aguila pointed out that this is a focal point in that community and it should be done properly. The motion carried unanimously. D. Site Plans New Site Plan Description: ARC at Boynton Beach (American Retirement Communities) Bradley Miller, AIC? Charles Putman & Associates, Inc. Norman J. and Elishka E. Michael Southeast corner of Congress Avenue and S.W. 23rd Avenue Request for site plan approval to construct an 1. Project: Agent: Owner: Location: 12 ,~-... r; (t~ i'\'J 111' :;;: ~ . j ~! LS '21 ~~ Li i,~' t_ ,i !i 1 :._._~_......""..-~ ....::..".- . I '" ~ !lnL...", I LiU I KU':' '-- , . ( L..--rrr- -- ; PL:..' MINUTES OF THE PLANNING AND DEVELOPMENT BOARD_-MEE-T1NGHELD IN- COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 12, 1997, AT 7:00 P.M. PRESENT Lee Wische, Chairman Jim Golden, Vice Chairman Jose Aguila Mike Friedland Stan Dube Steve Myott. Alternate James Reed, Alternate Michael Rumpf, Senior Planner Michael Pawelczyk, Assistant City Attorney ABSENT Pat Frazier Maurice Rosenstock 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische welcomed Commissioner Shirley Jaskiewicz and Vice Mayor Jamie Titcomb to the meeting and introduced the members of the board and Attorney Pawelczyk. 3. AGENDA APPROVAL No additions, deletions. or corrections were made to the agenda. Motion Vice Chairman Golden moved to approve the agenda as submitted. Mr. Dube seconded the motion, which carried unanimously.