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LEGAL APPROVAL ,-- iJ1te City of '13oynton'13eac/i 100 'E. 'Boynton. 'Beam 'Boulevartf P.O. ~310 'Boynton. 'Buu/i, 1forU[a 33425-0310 City 9fJJfl: (407) 375-6fJ()() ~;U: (407) 375-6090 september 15, 1994 Mr. Mark Joel Fassy 13283~ Via ~ulcanus Delray Beach, Florida 33484 RE: Palm Walk ACLF COllS ~94-003 and CDPA #94-003 Dear Mr. Fassy: ?lease be advised that your request for condit~onal use approval fo= a 48 bed, adult congregate living facility, to be known as Palm Walk and to be located on a 1.955 acre parcel on the nor~h side of S.W. 19th Avenue, approximately 351 fee~ east of Congress Avenue, \'ias approved by the City Commission on August 16, 1994, subject to conditions (see attached City Commission meeting linutes for conditions). Also at this meeting, the city V~omrnission approved your request for a community design plan I appeal for roof material, as submitted. Although additional requirements and procedures are set forth by code for conditional use requests, pursuant to Section 11.2.D.11 and 11.2.F.5 of Appendix A - Zoning of the Boynton Beach Cede of ordinances. conditional use requests must contain the same site plan information and be reviewed incorporating the standards set fcrth in the city's site plan ordinance. Therefore, the August 16th :onditio~al use approval encompasses site plan approval as well and entitles you to proceed to the bUilding permit process. I trust that ~his response, as requested, answers your questions r&gard1ng the city's project approval process for conditional use requests. Sincerely, J~~n-,_1! ~ Tambr~ J. ~d~ Planning & Zoning Dir3c~c~ t]h :C'. t -::ach:nen t ;; : E);-v L :AI.. to t 5Imemas (jateway to tlie (julfstream MINUTES - REGULAR CITY ~'~ISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 VIII. DEVELOPMENT PLANS ( A. Consent Agenda - Unanimously appr~ved by Planning & Development Board ""'-- ( None. B. Non-Consent Agenda - Not unanimously approved by Planning & Development C!.1>1'1i i!-'OOj 1. Project Name: Palm Walk a/k/a Boynton Belvedere Owner: Trio Associates Ltd. Agent: Ma~k Fassy Location: North side of SW 19th Avenue, approximately 351 feet east of Congress Avenue Description: COMMUNITY DESIGN PLAN: Request for an appeal.to the Modern Design District roof material require- ment for a proposed adult congregate living facil- i ty (ACLF) _ _~r ....~=-=- Ms. Heyden stated that this request goes hand in hand with the Palm Walk con- ditional use approval. This request is for a Community Design Plan appeal. Palm Walk is within the Community Design Plan modern district and the applicant is requesting a white cement tile roof as part of the roof material, rather than the required metal, tar and gravel or built-up with deck and space frame with skylight. The Planning and Development Board unanimously recommended approval of this request, as submitted. Staff recommended approval of this request, with the condition that the roof of the entrance canopy be changed from canvas to white tile. One of the drawings submitted showed white tile and one showed canvas. T~erefore, there is a discrepancy on the drawings. Staff recommends that the canopy be tile rather than canvas. The walls of the building are pale pink. The trim of the building is light green tile and the canvas canopies are striped white, pink and pale green. In response to Mayor Hanmening, Ms. Heyden said she was talking about the main entrance to the project. The gazebo also has canvas on it. Mayor Hanmening asked her if she recommends allowing the canvas on the gazebo. Ms. Heyden discouraged canvas in general. Mayor Hanmening pointed out that the gazebo is planned for the future. Ms. Heyden confinmed that this site plan approval is phased in two phases. Commissioner Aguila felt a white cement tile roof is very appropriate in this neighborhood and the request should be granted. He felt the canvas is fine and softens it and adds a little color. Vice Mayor Matson stated that it is a very beautiful project. Commissioner Aguila felt it is going to be a very appropriate project in the middle of a community that is going to be impacted by it in a very positive way. - 13 - . ...........001 - Kl:bULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIQA , AUGUST 16, 1994 If it fs landscaped as nicely as the plans indicate, it is gOfng to be a prOject to be proud of. Motion Commissioner Aguila moved to grant the applicant a waiver of the Community Design Plan. CommisSioner Katz seconded the motion. Mayor Harmening pointed out that it Sits right in the middle of all white tile roofs and it would look strange to have something else on ft. He believed this was not on the Consent Agenda because of the canvas over the porte-cochere, not because anyone objected to the roof. The only problem he had with canvas rather than a solid roof with white tile on it, is that canvas deteriorates and can become rather unslfghtly unless it is renewed on a regular basis. In addition, it has a tendency to blow around in a heavy wind. Commissioner Aguila stated that they have come a long way on the vinyl and nylon materials they use as Opposed to canvas. They tend to keep their color longer~~ tend to be tied on considerably tighter, and tend to last longer. However, 0 poorly maintained, or use of a cheap product, can result In exactly what Mayor Harmening said. He guessed, based on the quality he has seen to this paint, that this is probably not gOing to be the case here. Mayor Pro Tem Bradley asked if staff Is Opposed to the canvas because of its tendency to deteriorate and fade. Ms. Heyden stated that staff pretty much echoes the Mayor's comments. Amendment to Motion Commissioner Aguila moved to allow the use of the white cement tile roof and the canvas awnings as presented this evenfng. Commissioner Katz seconded the motion, which carried 5-0. Vote on Main Motion The motion to grant the applicant a waiver of the Community DeSign Plan also carried 5-0. The Vinings It Boynton Belch Howard SCharlin, Trustee Richard WOlfarth, C.C.L. Consultants, Inc. EXCEPTION TO PLATTING: Request to sUbdivide a 33.87 acre parcel from Tract C, the undeveloped, mUltifamilY/duPlex designated parcel of WOOlbright Place, Plat No. 1 Ms. Heyden stated that Richard WOlfarth of C.C.l. Consultants, Inc. fs requesting approval to further subdivfde the WOolbright Place PUD. The PUD fs located on S. W. Bth Street, approXimately 1,300 feet north of Woolbright Road. Th e subd iv f son reques ted was to sp I it up a 33.87 acre parce I from Tract C of the WOOlbright Place Plat. It is proposed to subdivide Tract C into three parcels 2. Project Name: Owner: Agent: Description: - 14 - MINUTES - REGULAR CITY J4NISSION MEETING BOYNTON BEACH. FLORIDA AUGUST 16. 1994 Motion Vice Mayor Matson moved to approve the Consent Agenda as corrected, including the bill which was added in the amount of $9,585.30 for Josias & Goren. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. IV. ANNOUNCEMENTS & PRESENTATIONS A. Announcements 1. First City Commission Meeting in September will be Friday, September 9, 1994, at 6:30 P.M. Mayor Harmening made this announcement. 2. Code Rev1sion Workshop Meeting -September 12. 1994 - 6:0~ P.M. Mayor Harmening made this announcement. .. ~- 3. First Budget Public Hear1ng for FY 94/95 - September 13. 1994 - 6:00 P.M. Mayor Harmening made this announcement. At this point in the meeting, Mayor Harmening acknowledged the presence of the Chair of the Board of County Commissioners, Mary McCarty, in the audience. B. Presentat10ns None. V. BIDS None. VI. PUBLIC HEARING - CSL(S ?1-f!)eJ..1 Palm walk alkla Boynton Belvedere Trio Associates Ltd. Mark Fassy North side of SW 19th Avenue, approximately 351 feet east of Congress Avenue CONDITIONAL USE: Request for conditional use approval to construct a 17,042 square foot, 48 bed adult congregate living facility (ACLF) on a 1.955 acre site. Tambri Heyden, Planning and Zoning Director, stated that this is a request for conditional use approval for a 48 bed adult congregate living facility (ACLF) specializing in Alzheimer's and dementia patients with limited nursing care. A. Project Name: Owner: Agent: Location: Description: - 8 - MINUTES - REGULAR CIT' JMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 The proposed ACLF is located on the north side of S. W. 19th Avenue, approxi- mately 351 feet east of Congress Avenue, and is zoned R-3. The R-3 zoning district penmits rooming and boarding homes, subject to conditional use approv- al. It has been detenmined that adult congregate living facilities are a type of rooming and boarding house. The facility consists of 4,536 square feet of administration building, and the residential building where the beds are located will be approximately 13,000 square feet. Both buildings are connected with a canvas canopy and the drive- through entrance canopy is proposed east of the administration building. A canvas covered gazebo is planned on the west property line. With regard to surrounding land uses and zoning, to the north (zoned C-3) ;s the Woolbright Professional Building; to the east is Leisureville (zoned R-1-AA/PUD); to the south is also Leisureville,. and to the west is Cedarw09d Villas. - There are a number of standards that have to be evaluated for conditional use'~~_ .~ The Board and the Conmission have to consider the effect of the use on the - ~-- general health, safety and welfare of the conmunity and certify that satisfac- tory provision has been made regarding those standards. Ms. Heyden stated that the property has only one ingress/egress on S. W. 19th Street. The parking area is in the rear. The service area and the formal entrance is on the east side of the property. A loading area is provided in front of the building between the existing City lift station and the front of the building. The refuse area was a major concern in review of this project and many changes have taken place in the last two to three weeks. The refuse and service area were combined and located in front of the building. The latest proposal was a roll-out dumpster. This was a compromise reached by staff and the applicant based on problems with safety and visibility and due to the arrangement of the site, which did not allow adequate maneuvering of a dumpster. Staff had origi- nally wanted the dumpster in the rear of the property where it would most likely have been screened. However, the applicant preferred the dumpster in the front of the property because the kitchen facilities are located in front of the building. The Utilities Department had a problem with a roll-out dumpster because of the proximity of the roll-out to the lift station. Also, the roll- out dumpster requires a curb around it and because of the close proximity of the lift station with the dumpster, it was felt it was a tripping hazard for person- nel trying to access the lift station. In addition, while they had compromised with a roll-out dumpster, it is the Public Works Department's position that roll-out dumpsters are problematic because you have to rely on the property owner or manager to rollout the dumpster and roll it back, and it has always been a last resort to solve the dumpster problem. Staff is now reconmending that rather than provide a dumpster, a dumpster enclo- sure be provided and house trash cans for can pickup. It is proposed that a residential truck, which will have more than one driver on it, pick up the gar- - 9 - MINUTES - REGULAR CITY ~OMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 bage. Since there is more than one driver on the truck, the truck can safely back in and out of the site. This will be charged at the commercial rate and based on a four yard, twice a week pickup. This has been discussed with the applicant this evening over the telephone and he agreed to it. Mayor Harmening asked if Public Works has agreed with this. Ms. Heyden answered affinmatively and added that it was primarily their idea. Commissioner Aguila wondered how much trash would be generated by the kitchen and how smelly and dirty the area will be. Ms. Heyden did not think it would smell any worse or be any dirtier than a dumpster. She advised that Robert Eichorst, the Public Works Director, is aware of the quantity of garbage that would be generated by this facility and feels that four yards twice a week would be adequate. Commissioner Aguila asked if the Health Department needs to have any input-on the dumpster issue. Ms. Heyden advised that the Health Department requires the facil ity to have a can wash. --- ..... ~.. .. ~. With regard to the exterior lighting in the parking lot, it was recommended that the site lighting pOles not exceed twenty feet in height and that the light levels not exceed the City standards so as to maintain the residential character of the area. It was also recommended that those lights be directed away from the residential buildings to the south. west, and east. Regarding general compatibility, the applicant has designed a building that is compatible in appearance with the residential buildings in the area. However, Ms. Heyden pointed out that due to this type of facility. the specialized nature of this facility, and state requirements, it lends a more institutional appear- ance to the building. Staff also recommended that the overall height of the building be reduced to twenty feet, primarily based on the existing height of the buildings in the area, which are fifteen feet. Ms. Heyden stated that there is a general need for this type of facility and the design components have been incorporated in such a way as to minimize the impact of the use. Therefore. the Planning and Zoning Department recommends approval of this request, subject to staff comments. If the Commission so desires, the Public Works Department memorandum can be deleted in exchange for the can pickup concept. Ms. Heyden advised that the Planning and Development Board recommended approval of this project, except for the height reduction recommended by the Planning and Zoning Department. Commissioner Aguila agreed with the Planning and Development Board regarding not reducing the height of the building. He felt lowering the building would create a disproportionate change in the building and it will not look as nice. He did not think it would impact the residential whether this building is twenty or twenty-five feet. - 10 - MINUTES - REGULAR CITY JNMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 In response to Commissioner Aguila, Ms. Heyden advised that the height of the dumpster enclosure is six feet. The entrance wall is four feet because it is within the setbacks. In addition, the dumpster enclosure will be properly gated. Bill Lynch, 1912 S. W. 16th Avenue, President of the Boynton Leisurevil1e Community Association, stated that on August a, 1994, a meeting was held with the Board of Directors, the developer, and fifty or better residents who live in the area where this ACLF will be erected. At the end of this meeting, he asked for a show of hands for those who approve of having this development next to Leisurevi11e, and approval was almost unanimous. He respectfully requested the City Commission to give their approval to this project. No one else wishing to speak in favor of or against this proposed conditional use, Mayor Hanmening declared the public hearing.c10sed. Motion . .-.. Commissioner Aguila moved approval of this conditional use, subject to staff comments, exclusive of the reduction of height of the building from twenty-five to twenty feet. Vice Mayor Matson seconded the motion, which carried 5-0. ~ VII. PUBLIC AUDIENCE Rhoda Friedman, 10093 Hickorywood Place, has been a member of the Boynton Beach Municipal Golf Course since its inception. She objected to Joe Sciortino.s pro- posal to alter the golf course into a daily fee course. She does not understand why a golf course that is financially successful should be changed when most Palm Beach courses, both private and public, are seeking new memberships to sustain themselves. Eight hundred plus members have been paying $700 plus up front which brings in over $600,000 at the beginning of each season. Daily players do not usually play the same course three times a week, as most of the members do. She appealed to the City Commission to hold an open meeting so that the members can express their point of view before making a final decision. Joe Friedman, 10093 Hickorywood Place, has also been a member of the Boynton Beach Municipal Golf Course since its inception. He wondered how the Commission is able to make this change when the agreement the City has with the County states that the agreement shall be null and void if the City violates any cove- nant or provision of the agreement. Mr. Friedman stated that by changing this from a membership course to a daily user course, the City will be violating this agreement. Mayor Hanmening stated that the proper forum for this discussion is probably at the public hearing on the budget, not tonight. Mr. Friedman felt that it might be too late to discuss it at the public hearing on the budget because it will throw the budget haywire. James Wi11i~ Lawler, fonmerly of High Point, now lives in the County and is one of the original people who got the land from the County and helped get this golf - 11 - MINUTES - REGULAR CITY ~JMMISSION MEETING BOYNTON BEACH. FLORIDA AUGUST 16, 1994 VIII. DEVELOPMENT PLANS A. Consent Agendl - Unlnimously lpproved by Pllnning & Development BOlrd '-- None. B. Non-Consent Agendl - Not unlnimously lpproved by Pllnning & Development cJ:;ff1l t(-oc 1. Project Name: Pllm Wllk llkll Boynton Belvedere Owner: Trio Associates Ltd. Agent: Mark Fassy Location: North side of SW 19th Avenue, approximately 351 feet east of Congress Avenue Description: COMMUNITY DESIGN PLAN: Request for an appeal to the Modern Design District roof material require- ment for a proposed adult congregate living facil- ity (ACLF) ___r Ms. Heyden stated that this request goes hand in hand with the Palm Walk con- ditional use approval. This request is for a Community Design Plan appeal. Palm Walk is within the Community Design Plan modern district and the applicant is requesting a white cement tile roof as part of the roof material, rather than the required metal, tar and gravel or built-up with deck and space frame with skylight. The Planning and Development Board unanimously recommended approval of this request, as submitted. Staff recommended approval of this request, with the condition that the roof of the entrance canopy be changed from canvas to white tile. One of the drawings submitted showed white tile and one showed canvas. Therefore, there is a discrepancy on the drawings. Staff recommends that the canopy be tile rather than canvas. The walls of the building are pale pink. The trim of the building is light green tile and the canvas canopies are striped white, pink and pale green. In response to Mayor Harmening, Ms. Heyden said she was talking about the main entrance to the project. The gazebo also has canvas on it. Mayor Harmening asked her if she recommends allowing the canvas on the gazebo. Ms. Heyden discouraged canvas in general. Mayor Harmening pointed out that the gazebo is planned for the future. Ms. Heyden confirmed that this site plan approval is phased in two phases. Commissioner Aguila felt a white cement tile roof is very appropriate in this neighborhood and the request should be granted. He felt the canvas is fine and softens it and adds a little color. Vice Mayor Matson stated that it is a very beautiful project. Commissioner Aguila felt it is going to be a very appropriate project in the middle of a community that is going to be impacted by it in a very positive way. - 13 - MINUTES - REGULAR CIl I COMMISSION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 If it is landscaped as nicely as the plans indicate, it is going to be a project to be proud of. Motion Commissioner Aguila moved to grant the applicant a waiver of the Community Design Plan. Commissioner Katz seconded the motion. Mayor Harmening pointed out that it sits right in the middle of all white tile roofs and it would look strange to have something else on it. He believed this was not on the Consent Agenda because of the canvas over the porte-cochere, not because anyone objected to the roof. The only problem he had with canvas rather than a solid roof with white tile on it, is that canvas deteriorates and can become rather unslightly unless it is renewed on a regular basis. In addition, it has a tendency to blow around in a heavy win~. Commissioner Aguila stated that they have come a long way on the vinyl and nylon materials they use as opposed to canvas. They tend to keep their color 10ngerJ: tend to be tied on considerably tighter, and tend to last longer. However, poorly maintained, or use of a cheap product, can result in exactly what Mayor Harmening said. He guessed, based on the quality he has seen to this point, that this is probably not going to be the case here. Mayor Pro Tem Bradley asked if staff is opposed to the canvas because of its tendency to deteriorate and fade. Ms. Heyden stated that staff pretty much echoes the Mayor1s comments. Amendment to Motion Commissioner Aguila moved to allow the use of the white cement tile roof and the canvas awnings as presented this evening. Commissioner Katz seconded the motion, which carried 5-0. '-- Vote on Main Motion The motion to grant the applicant a waiver of the Community Design Plan also carried 5-0. 2. Project Name: Owner: Agent: Description: The Vinings at Boynton Beach Howard Scharlin, Trustee Richard Wolfarth, C.C.L. Consultants, Inc. EXCEPTION TO PLATTING: Request to subdivide a 33.87 acre parcel from Tract C, the undeveloped, multifamily/duplex designated parcel of Woolbright Place, Plat No. 1 ~~PL "l.()t7~ Ms. Heyden stated that Richard Wolfarth of C.C.L. Consultants, Inc. is requesting approval to further subdivide the Woolbright Place PUD. The PUD is located on S. W. 8th Street, approximately 1,300 feet north of Woolbright Road. The subdivison requested was to split up a 33.87 acre parcel from Tract C of the Woolbright Place Plat. It is proposed to subdivide Tract C into three parcels - 14 - MINUTES _ PLAMNING AHD DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 13, 1994 1. Palm walk Conditional Usa - This ACLF was approved subject to staff comments and with two additional remarks. The City CommiSsion reQuested gates on the dumpster. However. there will be no dumpster. There will be can pickuP with a dumpster enclosure. The height reduction. which was recommended by staff, was not approved. 2. Pal. walk _ community Daslgn Plan Appaal - This Item was approved and the City CommiSsion endorsed the Planning & Development Board's opinion. 3. ~Inlngs _ exception to Platting - This Item was approved as sub- mitted. Ms. Heyden asked for Input from the Board on her new practice of mailing inform- ation packages when Board members are on vacation. Messrs. Golden and Walsh felt thiS was a very good Idea. Chairman Uhnertz recommended that members advise the Planning and Zoning Department. as well as the City Clerk'S Office. when they will be on vacation so that staff knowS whether or not to mall the packets. OLD BUSINESS - None NEW BUSINESS - A. PUBLIC HEARING A8M~EMt The V1n1ngs at Boynton Beach CCl Consultants, Inc. Howard Scharl1n, Trustee East side of SW 8th street, approximately 1,400 feet north of Woolbright Road Request for abandonment of a 20' wide drainage easement located near the southwest corner of the property. Mr. Haag made the presentation. A locator map was used to display the area which IS located In the Woolbright Place PUD. This will be an apartment complex consisting of S48 units. The drainage easement IS approximatelY 203' long and 20' wide. 1. Project Name: Agent: Owner: Location: Description: ThiS drainage eesement was created when Home Depot. located In the Shoppes of Woolbright PCD. was established. The drainage from that project workS its way onto thiS project. The stonnwater Is ultimatelY diSCharged Into a lake. When the site Is developed. there will be buildings In the location of the easement. , The applicant will reroute the drainage so that It will connect into the existing infrastructure located under SW 8th street. ...- s and the Planning and Zoning Departments are in favor of this for aba donment. One condition. recommended by staff. reQuests ; . o' n .doptlng t~e abandonment of the drainage easement not be _~Igned by the CI ~ommlsslon until after the Infrastructure Is In place and . ., worl14g tCII _rttlle drainage off ttll property. The city Engineer is In agreement with thiS condition. The applicant has agreed with the stiPulation. ? -