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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 AP.R""7.~ 13-96 WED 02: 12 PM AUER/DES I CN :!:e~ ~2~ 1070 P.02 11 ~, . 04:.04/96 16:43 'JO/~U/lllr ID; 1 inoo In PNPev-ty 14:117 VIIl\ U4 3tlZO FAX;3054891424 (:I~I\N .,.AMl'A FJ. PAGE 2 !jtJOOlt ~". First Ar' "'rlcan Title Insurance Vpsuy ~ nWNltk'S roucv ..lIt~Ii"Plll& A ::!: / ;\Jll Aie.", rile Nil,: 00"91139))0 (Bo)'1ll01l nelCb) Poll.:} No. ......3'~7 ~.ll otr~lI~y: Ai)luU'9, 11>>94., 1:~7 p.ll'I, A/1I0U,,1 ne In,lIr.nc:e: $181,100.(10 I. N.mo of In.nrll\1: N^rrO'NSJtA1'f~ OF ~WR.ID^, N.^.. I nllloftAllllllkltll A3"'tl'lloll 1. TI\I: urate lIr l"llllCIIlllllhc Ilnd Vthkllll e()Vll/ed b,'hlt I"cl!cy iJ I l..c.tKctK1IIl P,~IIIC trt.llfd hy "'al eerl.ln l.cllll) dated Jul, ~. \914 helwccm N.U. AllIIn., u II'tor. Ind \.Inlled Fe4clral S.vl".. Ind J.f,ll\ ^~~i'lian or IhoWl,J CCltnllY. U lUlU. and e,ldenee.J by lJIal eel"',n Mllmnr.,.dulII or l.e1I\flIl\~Cllled by 5~tCllld A,ellllC Rellty Ctlrl'/lf.dlln, tll~c"$Knr Ii) N.I>. ^lhll\', ..1.119', and C.llfornl. ro.II...1 bllllk, FSS. . , ' formerly known III C.lifom/l F~"c:'" ~.vil'l" .nrt IA~n ^lIAOOI.,k1n, Illr."lmor by mer,.r 10 l'nlled tle4Ir,' Slvln,. aM 1.0." "llOcI,lton of ~ nt{lwml Cllunly. .. ICl..~e. ltaloeS ^lIiU&1 I. 1994 and r~tlllded nil Au.un 9, 199~ In ornel., Record, IMKlk SUO. 1'..0 1534 or mil! f'uhtic .!'/[I Recore" of I'.lm b~..cl, C'oUlllY. P1urld.. Ihr. lentll'l ,"terell in .....hidt wnI usia"e4 ti) NfttillniBlnk 01 Flolld.. KI\. lIy A..litlrnenll\kI~~:IJ, Anun\pllon [.r LeeiO exe~llled by Calir(l,nll Federal 0. Ilk . J1.~H Ind N.liolllBlllk Df flufl",. N ,A. IIued AUlIuu4. 199-1 and rnordecS 1111 ^lIilut "~.~ 9, IPP4 in OlJ1elalltOCQflla BOllk 1380.1'&&, ISlB of llle ""bile Recordl \)[ Jlalt" Jhlll;h Counly, Iltlllld.. 1_ Tide 10 t,he e:I"~ or InlOttn In dlll l.nlS I, nltCtl IR~ NATIUNS8ANK op t'LOIUl>A, N"A., 111t1lu.,.I "-nkln'IIInc:lltlull 4. The land r~rured (0 'I1thl. Volley I. c1e.crl"-d u lollow. (herell1aner rertrr~ lo~. the .SutlJecI Prore(\y'): A plfeelllf IUld 1)11111 jD ~~dun )0, 'hlWllfthip 45 Sooth, Rllljtt I\l FlIl~I, !,.Im lJr.lcl1 Cuun(y. P1orhtft, b!!lttl dllsr.rlbed .. the Nnll1l200.00 fed o("e Welt ;:00.00 fe~' or (M P.u, 22',00 fl:" of iJ1e rollow1n, 4'.crlb'~ plrcol: thaI plrt of Tracu 1 and 2, Iy ina Smllh of the Suulh rlalll-or-WI,. HI S'lte ROlli No. 804. aud III uf Tm;h 31 lInll 32 (L.&U 11111 Rell'" ao feet tlr ..14 tract:. :I Illtd 32) of 'alllllle.."b Farr.. COlnplt1)1 Plel No, a Ctf Seclion ~O, Tow~shjp 4' SOll\ll. IUn'l! 0143 ~'Il. .~lrdin8 III ,he rill lheret>[ olllilllllllho OHler! 111 "'I Clllr~ 01 Ihll Circuit C()\.Ilt In and r" l'Alnl Deneb CUUIII)', f1loTi~.. ltl:lln1~<I111 rl.1 IkJ4lk S, PI,e 13. CUlllalnlng 0 ~lIaclu more {If ItM and ~ubJecllo .....mf,"., Ind ''''',,-af-way Qf "card, flllCeplhl. llll'refr'llll UIO liltl 10 fCllllhen:of filr liihl af,wAY for Cor'lrflll A"cnije II "lU~11 by Ihole ded, recu!'ded In O~1I1 R.~ordl Root I 116. r'l~ 178 anll Ottii:lll Recorda Dmlk 1116, Palt 1M, l\JbUc Recnllll of Palm Bea{.h Counly. Plor/Ill. And fI,J1!lfr c I\t~ll,I". u.:rdml11 thaI rareel \If land liken l'Iy ,.Im 8ueh County (or SUID ft(l~d 1104 bylhll Onlor ",f Tit in. rl:CMdctl in Official R.c"'t~.lIoolk 5~'61 p_.t 9'1, Public R<<:llrch orrltln Dele" C"'U"I)'. Floridl. To.el1ler Wlllurua.elllclIl de,elll>~d ullle SOlllh 6HXl fOIl oHlIe Nn/IIl 26HlO feel tlr the Wen 200,00 rr.c,,,r f11(1 fln1223,QO ,,,.1 of Ilia I pm IIf Tr'l;" 1 t11L12, Iyilll SOlllh oftha Soulh rlllll-<lf.\t..y of $ulle ROlli) No. 804. ~nd III af Trlclt: 3 J arid 31 ~U!SS the Sou'" 11(1 'MI of I.Jef Tlle(.. 31 ami ~:l) or Palm "eaCh Farm. Company JIIII No.8 or Seclion 3(), 'ICIWIII!Ii" 01' S\lUIII, R~",e 43 EIII. .ceordinalu Ihc PIIIl!1ereor on 010 'II !he Omce of .bll elork of Ihe Clrcbit Courl',' a/ld fll' I',lrn Dueh CnUlIl)'. Pintid.. recorded In 1"1" D()()~ ,. It". 13. 1'111. pllcel Iri lJlo ..me PtOlltrlY Ilnder Property C(lnlrll' '08 4,J ~4 ~o 01 001 OOUi. ANn 'lb. Sllulh 6!' feel or lhe Nor,h 26J le~ "r the WC&~ 200 retl of Iho P.AU ~23 '.e' of &he (llllowlfl, described p.tcel ~f ..~\ 111.'11'" of TrAIlS I and 2, lyif1i SOUlh or I~e 901llh rlllhl~f.w.y of Stale Rllld Na. 804, and III (If Tr.eu 31 Illd 32 (LESS lIle SOil III 80 (fll elf .ald Tracl1 31 and )2) ef 1'.lm nCllell FINn. COlnP8TlY rllll N€). 8 of Sec:l!otl )0, 'l'ow/lltJip 4' SI'I\llh. Rlnae 43 ani, .cCllrllln. Ie the Vial UlllJllOr 01) file in thlJ otnCIl at the Clerk of the: ClrCllil COUll III and rur Pllm Dueh County. T'IorklB. recorded ill Pit, nuuk'. rille 73, &cep1l1llhuerrom lbe DullO r,ellherco( for r18hHlf,wll)' lilt ConirclI Avenue ..shown by !hal elect! recilraed In omda' Retonf$ Book 2541. Pa.e 1190. , (8U CON'UNUA'fJON Or LEG"'LllItSCJUI'T10N ON SCHED\JU A AnAClI1lf)) l)e271\MOR.~I$~ APR-10-96..WED 02:12 PM AUER/DESIGN 305 525 110370 P.03 . 04/04>96 16: 44 10/:(0/1JlI ID;linooln propert~ 14:08 ftS13 224 3820 FAX:305489142Ll PAGE A '-b 00" CIWti '('MU'^ Fl. First Ar 'rlcan Title Insurance ~l1pany -,...' SCIIEDUUt R Pollt, No, "A-3'.(1201l" EXCtl.rtlONS I1\OM COVERMiK 'rhlll P,.llc)' d'~1I nlll In.ure ...in*lloSl (It ".Inl" 1'1I~ 1'rI1l CUl'ftpu'Y wtlll1~ P'Y CON, IHorncy" fte. IIf ~~~"",) whkh 1,11e by rU.l1n of: L Ail uloTe", tell praperl)l lUes ami UltUltlCnfS ror Ula )'tU 1994 and aubullucnl )'un wlllch IIrc nol yer duCl lOll pa)'lbl~. '\193 lilies plid. T.. ..D. No. ()1l-43-4"30~I.ooH)()16 - Grol. ^ll1a~l1f: $U,76$.24 (A, 10 r.,~e' U: Th LU. No. 08"'3"'U.JO~J.(lOI...ooU - Oroll Amount: $1,796.16 '^* 111 r.rccl 2). ~, TIle rallowlnl m.ttel dlatlOled 11)' thll cClr1.ln ralvoy elf Ihe Subjocl Prllpall>' pfl:pmd by AlneJi~.n $\lrvc:ylf11 COOIl'lIl)' urulcl Orller No, 40:2194; d.~:ed ^~tII14. 199<4: _...........-~ ---'" <I) l!.'rIllchmcnt 0010 ~utlJa:1 PrOPC:!I)' o( cone"" tUl'b from ~{('f'e"), Ilijoinlna Wellelll boundary of S\lbl~t ProJKrty. 3. Tt\c term. 'lid rUOVlfllJlI1 of Ute J~.3" rur'l/lnl C" whi," ll>e LtM~hullj 1t.~le InslItllll hercby w.~ l;r~le~. Incl\ldln,. without U1nbtltllJ, l~e IId,_lInn ,eretr:l1ced In ".....r.ph (I) ~,r tho McmO'lndultl or IAlle delcrlbc:d I"Plllar'Ph 2 nf Schedulo ^ ar III. Polley. 4. 1!asemenlllunt6d 1/1 Rl1ridll Pl1wer.t.. tiJl1l Com/l.IIY by 11I~IIlll'l1t'" rllcorofd in Omci.I Reet'lr". IhMl~ '$9'7. P... 1(;11. Public Re<ll)rclt (lr i'alm Keach (;nUnI)'. JoJuriLI., U \0 flletl i (lnl)'. ,. ~Hmental.nled II) 1M Cil)' ,,( "o11l1~m Delcb, b)' In'trunltnl rec(Jrdcd in OfI'lCill R~cord. PQok 28114, 1"~11I 1080, Pulllic Reeord'l/f P"IT! ae.eh eOUllt)'. fIIorlda. IS III Pnc&ll (111)', 6. (l"~emell( a,alltc4 UI ell)' (If Rllynll'll Jl~ch, 11)' Instrument retarded III Official RCI~",d, Book 1714, Pile R9,. I\lbllc Rt\:onfa or Palm Beach Cuunty, fll,rllll, II to P'I1:I' 7 only. '1, Cron Pllk'''1 A.rumenl b)' "nd bctwcf-n Nicbo118 n. hlhln.alld Second Menu/) Realty Corpofltlon rccordj:d In O(r~lal Record' Book '*i". PII' 191, 1'1111110 RCt:nrdl of ralln O~IClt CUllnly, Florida. .. II) rJr~cl ZUlli)'. S. 1!"ICnlCIl1Ir'nltd to nll)'nfuh PIIlUl ~hclfJJlinl Cenler.lne. by Instrumcnf rec\'llllccll" Ofllclal Reoorlla DOQj( 631S!. r'lo 0(60, ""bile Records 0' r.lm I\ctch CO\l"'7, f1Inrkt.. II to Parcel 2 only. APR-10-96 WED e2:l~ PM ~UER/DESI~N ~e~ ~2~ lere P.134 , ... . 04/04/96 16:44 lU/~O/lm ID:lincoln propert~ 14:07 (t81~ ~24 30Z0 FAX:80548914:24 CM'~~ 'I'''\MI' A III. P!:lGE 3 l4J uoa Ii'irst AI" "rican Title Insurance <:.-npaJJY '-'" 19CHJtOULK ^ . tontlnu~d r(lll~)' No. r'^-:n'()208" SUhJeu 10 "' e"lIm_ f()1 \n.rr:"" and 'IIrtl. Illd pirkl". .. r.cordellln omel.1 R""llfdl nook f)J IV. PAle 480, l\lb(lc Ret(lrlh afF.lm CDun!)'. f!1orlilft, ' Tllll PIJccll:1 lho urn. proporty tinder PttlJlcrl)l Ctlntrnl No, 08 4) .., 3001 001 0015. 7'b0 .boVIl .rrd (or'101111 ellllatillll*, IIIe J".elll'~tl'ilae. un(ler Ih*'Ilr.rlftln toe.., d~led July~. '!H~ b!ll~ten NJJ. Achll1l, Lea.ur, IDd Uoitcd lIeder.. Savill" .tld !.clln AjJ(JclaUo. Dr Drowud CUlInl)'. Luaee, 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