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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