LEGAL APPROVAL
MEMORANDUM
TO:
Tambri Heyden
Planning & Zoning Director
FROM:
Sue Kruse
City Clerk
April 22, 1996
DATE:
SUBJECT: TRANSMITTAL OF ORDER PERTAINING TO CITY COMMISSION
HEARING OF NATIONSBANK REQUEST TO AMEND THE PREVIOUSLY
APPROVED SITE PLAN. MEETING OF APRIL 16, 1996
Attached is the original copy of the Order be to forwarded to the appellant.
.~~
Attachment
c: Meeting Minutes
jmp
S:ICCIWPIMINUTES\ORDERS\416BANK. WPD
DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT: NATIONS BANK
APPLICANTS AGENT: Frank Choueiki
DATE OF HEARING BEFORE CITY COMMISSION: April 16. 1996
TYPE OF RELIEF SOUGHT: ReQuest to amend the previous Iv approved site plan to
include a 928 SQuare foot buildinQ addition. a new auto lane addition. and an A TM
relocation
LOCATION OF PROPERTY: 289 North Conaress Avenue
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
-1L. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The Applicant's application for relief is hereby
..A.. GRANTED subject to the conditions marked as "include" in
Exhibit "C" hereto.
DENIED
4. This Order shall take effect immediately upon issuance by the City Clerk.
5. All further development on the property shall be made in accordance with
the terms and conditions of this order.
6.
Other:
None.
DATED: Aori118.1996
~M~J
Cit Clerk
I
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 9, 1996
Gary Peterson. Ft. Lauderdale. Florida. reDresentfna the aDDllcant. confirmed for
Chairman Duba that the applicant is agreeable with all staff comments. The applicant has
been waiting for more than two months for approvat, and is anxious to get this addition-
built.
Motion
Vice Chairman Golden moved to recommend approval of the major site plan modification
for NationsBank, request to amend the previously-approved site plan to include a 928
square foot building addition, a new auto lane addition, and an ATM relocation, subject to
all staff comments. Mr. Wische seconded the motion which carried unanimously.
9. COMMENTS BY MEMBERS
Mr. Rosenstock requested that the record reflect the following:
"In light of the comments that Mr. Wische and' made regarding the plans
submittal by Tradewinds, that we get an opinion from our staff attorney
regarding the number of days that must be taken as a maximum for hearing
before the Planning and Development Board, and then the subsequent
hearing by the City Commission."
Mr. Rosenstock feels parameters should be set by the City Attorney so that the City can
comply with the order.
In the case just heard for NationsBank, the representative stated that he has been waiting
two to three months for approval. "When someone can walk in here ahead of him, it is like
someone getting in front of the line at an airline ticket counter ahead of you, and you're
waiting to catch an airplane." Mr. Rosenstock would like a definitive decision on what can
be done legally. He does not want to impede anyone, but the board wants to do what is
right.
Mr. Wische would like to see the stipulation that was stated tonight on this arrangement.
Chairman Dube reminded everyone present that the board has requested the presence
of the City Attorney at the next special Planning and Development Board meeting when the
Tradewinds applications are heard.
Chairman Dube asked Ms. Heyden if the Hills at Lake Eden application will again be heard
by the Planning and Development Board. Ms. Heyden said the application will be a major
master plan modification, and it is .going back through the rezoning process as a change
to the PUD zoning conditions. The ad specifically states the change which is a drop from
2,400 square feet under air to 1,800 square feet minimum, and from 2,600 square feet to
11
_._._-,----_.__...,._-_.._----~--_._----~-------
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 9, 1996
B. SITE PLANS
Major Site Plan Modification
2.
Project:
Agent:
NatlonsBank
Frank Choueiki
Lincoln Property Company C.S.E., Inc.
2nd Avenue Realty
289 North Congress Avenue
Request to amend the previously-approved site
plan to include a 928 square foot building
addition, a new auto lane addition, and an ATM
relocation.
Owner:
Location:
Description:
At Chairman Dube's request, no presentation was made by staff.
Mr. Aguila referred to staff's recommendation relative to relocating the dumpsters to the
west side of the building. He is glad the applicant did not do this on the modified plans
because it is not a good comment. He has no problems with what was done along
Congress Avenue.
Mr. Lewicki stated that staff felt the location of the dumpsters would be better on the other
side of the property. The comment was discussed with the architect, but he cannot find
a location on the other side. Mr. Aguila agreed it would be difficult to find a place on the
west side. This proposed area is heavily landscaped and he feels it is the right spot for it.
Vice Chairman Golden feels it is desirable to keep the dumpsters away from public roads;
however, this is not prominent and there are problems locating it on the west side. The
only other location would be where the existing wall is located, and that would have to be
removed. That could then lead to problems with stacking, the drive-through lanes, and the
truck getting to the dumpster to service it. He feels the dumpster should be left where it
is.
Mr. Aguila would try to persuade the applicant to close the access point on the bottom of
the property line, but if it is not left open, the truck will not be able to get to the dumpster
to service it.
Chairman Dube asked if consideration was given to the fact that westbound traffic on
Boynton Beach Boulevard and southbound traffic on Congress Avenue turn into that
driveway to go to the Post Office. He pointed out that this situation will become more
complicated.
10
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 9, 1996
Gary Peterson. Ft. Lauderdale. Florida. reoresentlna the aoolicant. confirmed for
Chairman Dube that the applicant is agreeable with all staff comments. The applicant has
been waiting for more than two months for approval, and is anxious to get this addition-
built.
Motion
Vice Chairman Golden moved to recommend approval of the major site plan modification
for NationsBank, request to amend the previously-approved site plan to include a 928
square foot building addition, a new auto lane addition, and an ATM relocation I subject to
all staff comments. Mr. Wische seconded the motion which carried unanimously.
9. COMMENTS BY MEMBERS
Mr. Rosenstock requested that the record reflect the fol/owing:
"In light of the comments that Mr: Wische and I made regarding the plans
submittal by Tradewinds, that we get an opinion from our staff attorney
regarding the number of days that must be taken as a maximum for hearing
before the Planning and Development Board, and then the subsequent
hearing by the City Commission."
Mr. Rosenstock feels parameters should be set by the City Attorney so that the City can
comply with the order.
In the case just heard for NationsBank, the representative stated that he has been waiting
two to three months for approval. "When someone can walk in here ahead of him, it is like
someone getting in front of the line at an airline ticket counter ahead of you, and you're
waiting to catch an airplane." Mr. Rosenstock would like a definitive decision on what can
be done legally. He does not want to impede anyone, but the board wants to do what is
right.
Mr. Wische would like to see the stipulation that was stated tonight on this arrangement.
Chairman Dube reminded everyone present that the board has requested the presence
of the City Attorney at the next special Planning and Development Board meeting when the
Tradewinds applications are heard.
Chairman Dube asked Ms. Heyden if the Hills at Lake Eden application will again be heard
by the Planning and Development Board. Ms. Heyden said the application will be a major
master plan modification, and it is going back through the rezoning process as a change
to the PUD zoning conditions. The ad specifically states the change which is a drop from
2,400 square feet under air to 1,800 square feet minimum, and from 2,600 square feet to
11
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1\.U11\rwn1tIrI.K~
MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 16, 1996
~/~~
VIII.
DEVELOPMENT PLANS:
A.
Project:
Agent:
Owner:
Location:
Description:
NaUonsBank
Frank Choueiki
Lincoln Property COf11)any C. S. E., Inc.
2nd Avenue Realty
289 North Congress Avenue
MAJOR SITE PLAN IIODIFICAnON - Request to amend the
previously-approved site plan to include a 928 square foot
building addition, a new auto lane addition, and an A TM
relocation
Mayor Taylor announced that during the Planning and Development Board meeting, the
NationsBank representative stated there were no problems with any of the staff conditions,
and they agreed to everything staff asked of them.
Commissioner Bradley pointed out that this endeCM)l' was made easier because the owner
and the lessee worked together.
Mr. Haag advised that NationsBank has agreed to every cond'rtion with the exception of
moying the dumpster to the west side of the buitding. The Planning and Development
Board agreed with that exception.
Motion
Vice Mayor Jaskiewicz moved to approve the Major Site Plan Modification for NationsBank.
Commissioner Tillman seconded the motion which carried unanimously,
B.
Project:
Agent:
Owner:
Location:
Description:
t1rhCc
Woolbright Place PUD
Brett Nein - CCl Consultants, Inc.
Howard Scharlin, Trustee
ARJroximately 1 ,000 feet north of the intersection of
Woolbright Road and SW 8th Street
MASTER PLAN MODIFlCAnON - Request to amend the
previously-approved master plan to change the dwelling units
wittin Pod 1 from 90 multifamily dwelling units to 85 single-
fanily. detached dwe8ing units; reduce the north PUD buffer
from 25 feet to 10 feet and reduce the perimeter building
setbacks along SW 8th Street and the north PUD buffer from
40 feet and 60 feet to 20 feet and 25 feet, respectively, add
private recreation, and establish recreation setbacks.
Attorney Cherot advised that this application is for a master plan modification to the PU D.
15
_._,_..__. ___.__'""__.n___.__'" _ ~ ,_"___,,,,~_~,_,,_______'___ ~-- ~
MINUTES
SPECIAL PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
APRIL 23, 1996
Conditional Use ADDroval for The Vlllaaer Pub - Approved and deleted all staff
comments with the exception of tagging the Occupational Ucense.
~ - Approved subiBd to staff comments. The City Commission deleted
the recommendation to relocate the dumpster.
Mr. Aguila questioned whether there was any discussion at the City Commission meeting
relative to an Ordinance which would allow the City to go back to previous site plan
approvals to ensure that they are being maintained. Ms. Heyden explained that Mr.
Aguila's suggestion is already contained in the Site Plan Ordinance. In the case of The
Villager Pub, staff pulled the site plan and made the determination that there was a
landscape hedge to screen the dufT9'Sler, and a buffer wall. The City will pursue these
issues with Code Enforcement.
Chairman Dubs advised that he was present at the City Commission meeting, and there
was discussion about enforcing site plans. The City will be looking at old site plans to
ensure that they are maintained.
Chairman Dubs confirmed with Ms. Heyden that the last City Commission/Planning and
Development Board Workshop on the E.A.R. has been scheduled for May 13, 1996.
, Although she was not certain of the tine, she believed it will be held at 6:30 p.m.
6. OLD BUSINESS
None
7. NEW BUSINESS:
A. SUBDIVISIONS
Master Plan Modification
1.
Project Name:
Agent:
Applicant:
Location:
Description:
Shoppes of Woolbright peD
Louis R. Campanile, Jr.
CCL Consultants, Inc.
Howard Scharlin, Trustee
North side of the intersection of Woolbright Road
and S.W. 8th Street
Request to amend the previously-approved
master plan to reduce the building size of
Outparcel 1 from 6,920 square feet to 5,930
square feet; increase the building size of
Outparcel 2 from 5,755 square feet to 6,745
2