AGENDA DOCUMENTS
VIII DEVELOPMENT PLANS
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cc: Plan
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PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-184
Agenda Memorandum for
May 2, 1995 City Commission Meeting
TO: Carrie Parker
City Manager
FROM: Tambri J. HeYden~J
Planning and Zoning Director
DATE: April 27, 1995
SUBJECT: Lighthouse Grille Restaurant - File #794
(Request for additional time to resubmit site plan
satisfying recommended approval conditions)
Janet Hall is the owner of the property planned for a future
restaurant to be known as the Lighthouse Grille and to be located
on the north side and eastern terminus of Boynton Beach Boulevard
(partially under the former, proposed Boynton Beach Boulevard
bridge). On June 7, 1994, the Commission reviewed a request
from Mrs. Hall to waive a second resubmittal applica~~9n fee that
had been collected during the site plan review of~proposed
restaurant. The waiver was submitted for review because based on
the extensive number of staff-generated site plan comments and
the magnitude of the issues involved (mangrove preservation,
incomplete traffic study report and pending resolution of the
Boynton Beach Boulevard bridge location issue) which resulted in
a negative recommendation from staff for approval), Mrs. Hall had
requested withdrawal of her application at the May 9, 1994
community Redevelopment Advisory Board (CRAB) so that she could
resubmit her plans at a later date after she had an opportunity
to address the issues of concern.
Realizing that it may be some time before she could resubmit
plans that were in an approvable form, Mrs. Hall requested a
waiver of the second review fee she had paid. At the June 7th
meeting, the Commission tabled action on Mrs. Hall's fee waiver
request until such time after she resubmits plans, giving her
until April 1995 to resubmit, at which time the Commission would
take action on the fee waiver basing their decision on whether
the resubmitted plans are significantly different and on the cost
of the additional staff time necessary to complete review of the
resubmitted plans.
Mrs. Hall is now requesting additional time to resubmit the plans
due to problems with getting the information from her architect
in time to resubmit prior to the Commission's deadline of May 1,
1995. Please place this request for consideration on the City
Commission agenda for the May 2, 1995 meeting.
tjh
xc: Ann Ford, Downtown Development Coordinator
Michael Haag, Zoning and Site Development Administrator
central File
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April 12. 1995
Carrie Parker. City Manager
Boynton Beach City Hall
100 E. Boynton Beach Blvd.
Boynton Beach. FL
Re: Extension of Time to Correct Restaurant Plans
Dear Carrie:
The architect I hired to design restaurant plans for my property at the end of
Boynton Beach Blvd. has been unable to forward corrections requested by city staff.
As you know. he has moved out of state and it is difficult to coordinate. I am
currently working with Kevin Hallahan. City of Boynton Beach Forester. and the
appropriate environmental agencies to attempt to meet the environmental regulations
pertaining to this site plan.
It will be necessary for me to request an additional extension in order to comply
with regulatory agencies. I intend to work with a new architectural firm.
Robert G. Currie and Associate~ to expedite the process with the use of a local
firm. As you know. the regulatory process is a lengthy one. Therefore. it is
necessary for me to request another extension.
I am sorry to inconvenience both you and the Planning Department. but appreciate
your assistance with this matter.
Sincerely.
~C~/~
Jan~t Hall
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDI-
-
JUNE 7, 1994
Mr. Frederick advised that the City will have to revise the master plan and it
will take architectural work. Further, it will be necessary to. develop a
phasing type program and costs. When the City is ready to bid out the project,
construction drawings will be necessary.
Commissioner Aguila suggested retaining Gee & Jenson to modify the master plan.
When that is complete, if the City then wishes to retain another firm, that
would be the time to do it. Commissioner Aguila stated that no other firm will
touch Gee & Jenson's plan just to make an addition. Gee & Jenson can modify the
master plan on a hourly basis. Mr. Frederick reminded the Commission that our
contract with Gee & Jenson allowed for a continuation. He assumes the fees will
continue.
Vice Mayor Matson stated that she felt there was a consensus that the Commission
wants those fees to remain since it is an open-ended contract.
Consensus
There was a consensus of the Commission to retain Gee & Jenson to modify the
master plan on an hourly basis using the fees stipulated in the open-ended
contract.
Vice Mayor Matson advised that Ms. Hall's request would now be considered.
IX. E. Review of ~anet Hall's request to ~ive second application tee tor
Lighthouse Grill Restaurant
City Manager Parker reported that in January, 1993, Mrs. Hall submitted her
Lighthouse Square project for permits, received staff comments and paid the ori-
ginal fee. Mrs. Hall's architect moved out of town and there were modifications
which were required by staff. A significant time period elapsed between the
staff comments and the review. The time period set forth in the Code has
lapsed, and Mrs. Hall has been advised by staff that a second application fee is
required. She is requesting a waiver of the fee.
The major outstanding item which has caused a great deal of the delay is that
the property is adjacent to the Boynton Beach Boulevard bridge right-of-way.
FOOT has been negotiating with oEP on the location of the bridge. They have
been reluctant to move on any projects in relation to the bridge. The parking
plan submitted by Mrs. Hall shows parking on the FOOT right-of-way. Staff
advised that they cannot approve that unless we have written approval allowing
that parking on the bridge right-of-way, or an alternative agreement such as
parking under the bridge span if the bridge is located at Boynton Beach
Boulevard.
Mrs. Hall and her architect have been attempting to work with FOOT to get this
approval. So far, they have been unsuccessful. There is an another ninety-day
time period set forth in the Code for staff to process this request onto the
Community Redevelopment Advisory Board. It was processed to the CRAB Board
because there was no administrative means of tabling it from a staff position.
There were major items still outstanding at that time and Mrs. Hall requested
the CRAB Board table the application so that she would be able to address the
items before moving forward. The application was tabled. Mrs. Hall is
requesting additional time and that this time be considered under her first fee
submittal and a second application fee not be required.
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BOn BEACH:-FloRirij nu,u__-
..,.
JUNE 7, 1994
...",
Commissioner Aguila expressed concern over waiving the fee. He would be more
comfortable tabling this item for a certain period of time in order to allow
resolution of some of the issues. He feels this project was submitted before it
was ready to be reviewed by anyone. He would support tabling this item for six
months to allow them to seek the necessary approvals and address the comments
without additional fees, but if, as a result of the reviews and permits, the
project changes substantially and the review is being done again, the City
should then consider a fee.
Janet Hall. 326 SW 1st Avenue, said that part of the prOblem is that this
parking with the-Sridge has been discussed for the past ten years. This
involved a standing agreement that if the parking inside the property was lost,
she would be allowed to use the area under the bridge for parking. When the
plans were first submitted, and the comments received, her architect moved to
New York. Also, her engineer transferred his offices to Texas. When the plans
were finally resubmitted, she found a number of the items originally brought up
had not been taken care of by either the architect or engineer. She was unaware
of this and stated that it was beyond her control. She requested relief from
the Commission.
Vice Mayor Matson noted that she did not want to penalize Mrs. Hall for some-
thing not of her doing.
Mayor Pro Tem Bradley feels the Commission must be careful not to set a prece-
dent with regard to waiving fees. He supports tabling this item for an extended
period of time.
Vice Mayor Matson explained that the Commission has waived fees in the past and
would not be setting a precedent. The agenda back-up package contained informa-
tion on previous fee waivers by the Commission. However, she also supports
Commissioner Aguila'S recommendation so that if this application is resubmitted
with a lot of modifications, it will be proof that the project was originally
submitted too soon.
In response to Commissioner Katz' question about whether or not any of the pre-
vious fee waivers were similar to Mrs. Hall's, Ms. Parker said they are not, and
nor are they similar to each other. Each one is considered on a case-by-case
basis. Ms. Parker pointed out that Mrs. Hall paid $750 in 1993 for the first
review, and $1,500 in April of 1994 as a new fee. One review and one resubm1t-
tal of plans has occurred under that $1,500.
Commissioner Katz feels the Commission should not waive fees, but pointed out
that the time to consider the fee waiver may be when the plans are resubmitted
and the modifications are reviewed.
Ms. Parker pointed out that one of the outstanding issues with this project is
that it is in an environmentally-sensitive area containing a large amount of
mangroves on the property. One of the items the staff submitted as a comment is
that the City will not comment on the environmental issues for this project, but
forward those issues to the State agencies for review. If everything else is
resolved, the environmental issue will still remain outstanding and will go
through the process as outstanding at the City level. This will have to be
rereviewed for environmental issues, and that will be considered a new submittal
to the City when it comes back from the State agencies.
- 2S -
BOYNTON BEACH. FLORIDA
~UNE 7. 1994
Ms. Parker stated Mrs. Hall and her architect felt the City was holding up the
project. The City was willing to review it for compliance with City Code, but
the State agency review would necessitate major site plan changes that would
require an entire rereview by staff. The City has agreed to put its comments on
paper so that Mrs. Hall will have a starting point; however, the environmental
issues will not receive any City comments.
Ms. Parker suggested the City Commission put a timetable of approximately one
year on this for the DOT situation and any other outstanding Code items which
must be addressed by Mrs. Hall. After that, it should be a new submittal. The
April, 1994 fee will hold until April, 1995, to allow sufficient time to get the
minor Code comments taken care of and the application will move forward.
Anything after that date will be a new review.
Mrs. Hall stated that she never felt the City was holding up the project. The
delay was on the part of the architect and engineer. She appreciates the
compromise and hopes this will be resolved before April, 1995.
Motion
Commissioner Aguila moved that this fee will last for the reviews for the Code
comments that she currently has outstanding. She has until April 1, 1995 to get
those resolved under the current review system. Commissioner Katz seconded the
motion, which carried unanimously.
D. Other:
1. Stttl...nt ot Ewell M'ller Clai.
This is for ratification of settlement of a claim involving
charges of malicious prosecution and civil rights violation
against the City and two Fire Inspectors.
Vice Mayor Matson reminded Ms. Parker that in the past, she requested fonner
City Manager Miller provide a breakdown of how the claim is comprised. She
would like a chronological listing of the events of the claim and the costs
associated with those events.
Mr. Hawkins advised that this claim is still open. It is important to look at
how much information the City puts in the document.
City Manager Parker asked for clarification on what information the Commission
wishes to see in the agenda back-up material. According to fonmer City Manager
Miller, Ms. Parker has included the following: 1) the original demand; 2) the
amount of the 11111 fees; 3) how much in City costs has been incurred; and 4}
the projected cost if the City goes to trial.
Vice Mayor Matson asked that Mr. Hawkins attempt to have Sewell, Todd & Broxton,
Inc. provide the Commission with the same type of synopsis Roberts & Reynolds
provides. The information from Roberts & Reynolds is confidential and is sent
to the Commissioners under separate cover.
Motion
Commissioner Aguila moved to settle this per staff recommendation. Mayor Pro
Tem Bradley seconded the motion, which carried unanimously.
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FFU'11 (]"t.j I FFI><
Board of County Commissioners
Ken L. Poster. Chairman _-
Burt Aaronson, VIce ChairmAn
Karen T: Marcus
Carol A. Roberts
Warren H. Newell
Mary MCCarty
Maude Ford Lee
TOI
4ld' ".,....ti 70459
APR 13. 1995 9:54AM ~ P.B1
County AdmJnistrator
Robt'l'l Weisman
,.,
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April 13, 1995
Departmonl of
Environm.nt.1J RelOurc.. Mt'lntl8omClJ1t
Ms. Ann Ford
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Bc:adl, FL 33425
Dear Ms. Ford:
SUBJECT: PREAPPLlCATION MEETING. WATERFRONT LOT
AT THE EXTREME EASTERN END OP BOYNTON BEACH BOULEV ARC
This Jetter i. to oonfirm that a preappUeltloft meetiDS w. eonduc:ted Oil Pebnaary 22. 100.5 at the subject
addreu by Ms. Deniso Malone oEttle Department to discuss wttJlDd permJttina ilIUM for Ms. Janet Hall.
It we can be of t'unher asslstanee, pleue d(] not healtate w call Ms. Donlao Malone or me at
(407) 233~2400.
Sincerely,
~L'Q<J6
Barbara J. Co IUD)' , Environmem&l ProIf8lD Supervisor
Coa$taland Wetlands Division
.
"An Equ<ll Opportunity. AHirm<Hivt) Action Employ~r'
@t>I>fI(tJd:M~~
3323 I.'Jlll~d~tc Road, Bldg. 502 We$t Falm Buch, Florida 33406
!407) 233.2-100 Suncom 274.2400
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council
Ms. Ann Ford,
Community Development Director
The City ofBoyntOD Beach
100 East Boynton Beach Boulevard.
Boynton Beach, Florida 32425
Dear Ms. Ford:
As part of the Boynton Bead1 Chatrette study. the Treamre Coast RqponaJ P1ltftft"'B
Counci11Udf all'Veyed the downtowD and SU1'1'OU:DdiDg area ofBoymon Beach. Included
in the surwy WII8 the Janet Hall property located at the end of Boynton Beach Boulevard
on the lntnKiouta1. The charrette plan suggests tbat a building could be located on the
Janet Hall property that may be suitable for a waklnont restaurant or other non-
residential use acceptable to the City.
It is stair 8 undenstandiDa that the property omacr Us eum:Dtly worldna with the
appropriate CDYiroamaJuJ ~cies to make sure that developmem of the site would be
compatible with and meet all envimamentlJ requirements.
Coordinator
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