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~',
. L J r LTi ~ l- -t L' , ::F='3
, '- ~H -=i- j:: ~', ---.....; e R~'
,}-,~~g ,;: lJ77 fe f ~ 'ii
-,~ :::: t;~~Jt~) I' II '-'li If; K.- ~ "'--':'.'... .
_, p: ;c.' (({If{ I' 1: -, ....BEe 7,
:'.j . -= L....J' ,i1 I I IT '
\p!_~r.''Tlr c33Iill';
. .t=I'1~ t=5+lE'~' ",t:'JJIRE ~~:.
"!..1~'~ : ~:l= ~T L; iI;f~ C!UI':
~-.' l~, :. L. Ot3 "'~, " ,'11",'11 'II 1:;' ,,:
r I I ","'I" ~ 'i:"
. ~~5:~f: ~', ~ bdL~~lrrl ~ II~' ftf;;if y: ~ ~ 'i~:..
~ ,_ ~; M-~ H . ' ,- , 3~1 ''R~
~ ,. _~ po-'" ..."...., ' ,T1-t' .: -- ~ - - '
_ _ p-= r--.- ~ _ ~ ~ r'~' T"" 'r-.---r 1 ", ,
J"l\ - - .-:. ,: - -+-~:-r rr ~ L ' '
" f'- ~ r rT t. ~ .~, ~l
. 1-. _. ._ I' ='
,... ,--,::u::;:,:J~ '- c...=., ~ r-: ca.: r' :1 '
, . _ :- r--::- PJ i UIT~;::';- " I ' j"
,;\. :.. f-::::-"'rl-1 '-! ~J t- .~ ~ ' k:: 1 T, "'-
J\\---- --=.. ~r- . . - . - ......~..~ --.;- .. C3 / I I I "" ,
. _ '- "\: .... " ...........r
, ' ,'T , '.::/ I ........~_.
~. ,I" ,'1 ';' :TrL 'j ..:.... ..... - -~
.. .'_ ;', \. . l T,T I.
_ _ _.' 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.