LEGAL APPROVAL
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 15, 1997
Mayor Taylor offered to investigate this situation. In addition, he explained that traffic signals
are handled by the County. The County is currently doing a traffic count across Seacrest
Boulevard to determine whether or not changes are required on that road. Mayor Taylor urged
the residents to contact the County with reference to the traffic Ijghts. Mayor Taylor will follow-
up on the grant program and contact Mr. Garcia. (Mr. Garcia's telephone number is 734-2438).
James Gostel, 2240 North Seacrest Boulevard. said he came before the City Commission in
December, 1994. On advice of City staff and to try to avoid a "fight about his house", he
pleaded guilty to Code violations. The violation included non-issuance of roofing permits. More
than two years have gone by, and the house is now in deplorable condition, He feels the Code
entrapped him. He claims he has tried to resolve this issue by contacting the City Manager who
referred him to the City Attorney. He requested assistance from the Commission.
IX. DEVELOPMENT PLANS:
A. Project:
Agent:
Owner:
Location:
Description:
Old Dutch Mill Seafood Market
George C. Davis
Scott and Mary Jo Bills
1022 North Federal Highway
MAJOR SITE PLAN MODIFICATION - Request for approval of a
major site plan modification to remodel the existing building
exterior, add a 100 square foot addition and reconstruct the
parking lot on .25 acres.
This application was addressed earlier in the meeting.
ATTORNEY CHEROF ANNOUNCED THAT ALL OF THE FOLLOWING DEVELOPMENT PLANS ARE QUASI-
JUC:CIA.::.. IN NATURE. HE ADMINISTERED THE OATH TO ALL WHO WOULD BE TESTIFYING THIS EVENING,
B.
Project:
Agent:
Owner:
Location:
OeIcription:
Brisson Medical Building
Monica Brisson
Dale and Monica Brisson
305 SE 23rG Avenue
TIME EXTENSION - Request for approval of a 20-month
retroactive time extension for a major site plan modification and
concurrency to expire October 21, 1997.
Dale and Monica Brisson were present. Mr. Brisson advised that this property is near the
railroad tracks on 23rG. This application was denied by the Planning and Development Board.
He is requesting an extension due to the fact that financing hampered development of this
project. Mr. Brisson said he is now able to qualify for financing.
Tambri Heyden, Planning and Zoning Director, confirmed that the Planning and Development
Board recommended denial of this application. However, she pointed out that she
recommended approval because th~ Visions document recommends encouragement of this
kind of development for Golf Road. This type of activity is also recommended in our
8
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 15, 1997
Comprehensive Plan and E.A.R. In addition. since the site plan already exists, it seemed
senseless to have someone else come in and have the department generate another staff
report with similar comments, This site plan meets the extent of what the City is trying to
accomplish in that area. Therefore, Planning and Zoning recommends approva~ of the
application even though the TRC and the Planning and Development Board recommend denial.
Mrs. Brisson advised that the applicants have paid the $400 application fee and secured
approval in January for a demo permit. She urged approval to allow them to proceed by the
deadline. Mr. Brisson said his financial position is stable and he is ready to begin this project
within six to eight months. He offered a personal guarantee that he can start the project if the
time extension is granted. Mr. Brisson explained that he did not file for a time extension in a
timely manner because the bank wanted to see a lease. They tried to lease the property, and
during that time. the approval lapsed.
Mayor Taylor pointed out that if a retroactive approval is granted, the site plan is locked in and
the applicants would not have to bring this project up to current Codes.
Ms. Heyden advised that the Code allows the Commission to require any changes to current
Code. T"'e next step for these applicants would be the preparation of building permit plans.
Their plans would have to meet current Code, and they would have to secure a building permit
by October 21, 1997.
Stan Dube, Chairman of the Planning and Development Board, explained that this
application would have been approved by the board if Mr. & Mrs. Brisson had provided a letter
of commitment relative to financing. It is one week since that meeting, and they still have not
secured such a letter.
Mr. Brisson advised that he will be lending himself the money to finance this project. He offered
to provide a letter to the Commission this evening.
Motion
Commissioner Jaskiewicz moved approval to grant a time ~xtension for a 20-month retroactive
time extension for a major site plan modification and concurrency to expire October 21, 1997,
contingent on . documented letter presented within a period of 14 days as proof of funding for
this project.
Attorney Cherof suggested that the Commission add a condition to the motion requiring the
Brissons to provide the City Attorney and Finance Director with proof of financial ability to
complete the project.
Commissioner Jaskiewicz requested that her motion include the addition of the City Attorney's
recommendation.
Commissioner Tillman seconded the motion.
9
. ..._...e~'_"""'_~._"."_"'~""--"_.' '..-
MEETING MINUTES
REGULAR CITY COMMIS~.JN
BOYNTON BEACH, FLORIDA
APRIL 15, 1997
Mayor Taylor said he will not support this approval because he is not satisfied with the
applicant's explanation of why this time extension was not filed in a timely manner. He does not
want to restart a precedent of approving these retroactive time extensions. In addition, he is
not comfortable with this financial situation.
Commissioner Tillman agreed with Mayor Taylor's remarks and felt the applicant had a very
cavalier attitude, and he was not comfortable with this request.
The motion failed 2-3. (Mayor Taylor and Commissioners Bradley and Tillman dissented.)
C.
Project:
Agent:
Owner:
Location:
Description:
Grove Plaza
Julian Bryan and Associates
Dr. Walter H. Janke and Ms. Alice Fay
Southeast corner of Hypoluxo Road and Lawrence Road
TIME EXPENSION - Request for approval of a one-year time
extension for subdivision master plan approval and concurrency to
expire March 19, 1998.
Susan Oelegal, Attorney, represented the petitioner. She introduced Julian Bryan, the
Planning Consultant for the project. This project will be a retail commercial use with lot
coverage of only 8%. There will be six freestanding buildings with a considerable amount of
green space around the project. The TRC and the Planning and Development Board approved
the time extension. The most important reason for the delay relates to the Gateway Boulevard
widening project. Prior to the letting of the contract, there was a restriction with regard to the
amount of square footage that could be built. The project can now buildout the entire 35,000
square feet, and the applicant has every intention of proceeding with this project.
Tambri Heyden, Planning and Zoning Director, had no additional comments, but reminded the
Commissioners that the Planning and Development Board unanimously recommended approval
of a 12-month time extension. (Chairman Dube confirmed for the Commission that although
the agenda back-up material noted approval with a 5-2 vote, the vote was unanimous.)
Mayor Taylor referred to the Planning and Zoning Department's Comment #1 on Exhibit "0"
wherein there is a recommendation for denial of this request. However, the TRC recommends
approval. Ms. Heyden explained that the TRC does not look at land use and design issues,
They support this application because it was filed in a timely manner.
Motion
Commissioner Tillman moved to approve Development Plan "e", Grove Plaza, at the southeast
corner of Hypoluxo Road and Lawrence. request for time extension of one year for the
subdivision master plan approval and concurrency to expire March 19, 1998. Vice Mayor
Titcomb seconded the motion.
Vice Mayor Titcomb confirmed with Commissioner Tillman that his motion included the one-time
only condition recommended by the Planning and Development Board, and would exclude the
Planning and Zoning Departmenfs'C'omment #1 as depicted on Exhibit "D".
10
MINUTES
PLANNING AND DEVELOP" ,~T BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 8, 1997
Chairman Dubs was concerned about the Pete Rose Cafe going into the Holiday Inn
because he felt the parking problem is going to get worse. Mr. Haag advised that the
applicant has to adhere to the number of seats licensed for that facility. Parking is
based on the number of seats in the facility. If the applicant increases the seats, he will
have to justify new shared parking.
6. OLD BUSINESS
None.
7. NEW BUSINESS
A. Land Development Orders (Other Than Site Plans)
Time Extension
1.
Project:
Agent:
Owner:
Location:
Description:
Brisson Medical Building
Monica Brisson
Dale and Monica Brisson
305 S.E. 23rd Avenue
Request for approval of a 20 month retroactive
time extension for a major site plan
modification and concurrency to expire
October 21, 1997.
Mr. Haag advised that staff recommended approval as identified in Exhibit "0".
Dale Brisson requested this extension so that he may proceed based on the approvals
received about a year and a half ago.
Mr. Rosenstock asked why nothing has been done yet. Mr. Brisson attributed this to
financing. Mr. Rosenstock asked if the financing is in place now. Mr. Brisson advised
that he has not received a commitment. Mr. Rosenstock asked why he did not request
a time extension prior to the deadline. Mr. Brisson stated that he has about 10 other
businesses, and this time extension just lapsed.
Mr. Aguila stated that several years ago, the City generally approved time extensions
because of the economic conditions. He does not feel that this request falls into this
category. He pointed out that Monica Brisson's letter requesting an extension does not
give any justification or explanation.
3
MINUTES
PLANNING AND DEVELOPPI 'T BOARD MEETING
BOYNTON BEACH, FLORIDA
APRIL 8, 1997
Motion
Mr. Rosenstock moved to deny this time extension as requested for the Brisson Medical
Building located at 305 S.E. 23rd Avenue. Mr. Aguila seconded the motion.
Mr. Reed did not see any convincing rationale for approving this time extension.
Mr. Rosenstock did not think there would be a problem approving a time extension if
the applicant had a letter of commitment from a bank or financial institution showing
that the financing is in place.
The motion carried unanimously.
Consensus
With regard to the request for direction in the first paragraph on page 2 of Planning and
Zoning Department Memorandum No. 97-129, it wa's the consensus of the board that
retroactive time extensions should not be approved.
Description:
Grove Plaza
Julian Bryan and Associates
Dr. Walter H. Janke and Ms. Alice Fay
Southeast corner of Hypoluxo Road and
Lawrence Road
Request for approval of a one (1) year time
extension for subdivision master plan approval
and concurrency to expire March 19, 1998.
2.
Project:
Agent:
Owner:
Location:
Attorney Jerry Nide represented the applicant and advised that this request for an
extension is timely. The reason for the delay in getting this project going had to do with
concurrency. He recently received a letter dated March 24, 1997 from the Palm Beach
County Department of Engineering and Public Works stating that the contract for the
widening of Gateway Boulevard from Congress Avenue to Military Trail has now been
awarded and this project meets the traffic performance standards of Palm Beach
County. Mr. Nide said the phasing of this project was tied to the widening of Gateway
Boulevard. There were also problems with respect to getting sewer and drainage to the
site. The applicant is in the process of actively continuing the platting process and is
negotiating contracts with parties who are interested in this site.
Chairman Dube pointed out that the Planning and Zoning Department recommended
denial of this request based on four reasons. Mr. Nide and Mr. Bryan addressed those
reasons as follows:
4
7 May, 1997
To: Board Membersl City Commission of Boynton Beach
Re: Beautification of property located at 250 SE 23rd A venue
From: Dale J. Brisson
As you might recall myself and my wife recently set aside two Tuesday evenings and
5400.00 to attend commission meetings concerning our attempt to beautify our property
at 250 SE 23rd Avenue. We requested the commission accept the plans that were
oreviouslv aooroved (time had lapsed) so that we might expedite beautification of that
property. Much to our chagrin "governmental thinking" and not common sense governs
your board. Needless to say the first board voted unanimously for no beautification at that
property and the second board voted a 3 to 2 in favor of no beautification. In your
ignorance I feel the board completely missed the issue. The issue was not do we adhere to
the 1 year statute for filing a building permit. THE ISSUE WAS: DO WE VOTE FOR
IMMEDIATE BEAUTIFICATION OF PROPERTY ALONG 23RD A VENUE. By casting
your negative vote you opted for No Beautification.
It is my understanding not long before this meeting you cast a resolution calling for
beautification along 23rd Avenue. Hello! Wake Up! Make up your minds. I submitted that
we were ready to move ahead on the project with my oersonaleuarantee but thafwasn't
good enough. Only to be told I was being "cavalier". Your "No Beautification" vote was
an injustice to the staff at the City of Boy ton Beach, the citizens of the City of Boynton
Beach, and the surrounding residents of 250 SE 23rd Avenue.
Those of you who voted for beautification I applaud you. You are certainly for the citizens
of Boynton Beach, and do not let your egos cloud your judgment.
Sincerely,
.~ cf ~.
Mr. Dale J. Brisson