LEGAL APPROVAL
~J
tJ1ie City of
~oynton ~eacli
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100 'E. 'Boynton 'Buu.1i 'Boulevard
P.o. 'Bo~310
'Boynton 'BetUli, 'j"{QriIia 33425.0310
City:Jla[[: (4(7) 375-6000
7"5U: (407) 375-6090
September 18, 1996
Mr. Mark Fassy
13289A Via Vulcanus
Delray Beach, Florida 33484
Re:
File No.:
Location:
Dear Mr. Fassy,
Palm Walk Adult Congregate Living Facility
CUTE 96-001/CNTE 96-001
North side ofS.W. 19th Avenue, approximately 351 feet east of
Congress Avenue and 598 feet south of Woolbright Road
Enclosed is the City of Boynton Beach Development Order regarding Commission approval of
your request for a one year extension for conditional use and concurrency certification.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
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Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dar
Attachment
xc: Central File
c:develord.pal
5lmema's (jateway to tlU (julfstream
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DEVELOPMENT ORDER
OF THE
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORID
APPLICANT:
APPLICANTS AGENT: Mark Fassv
DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96
TYPE OF RELIEF SOUGHT: Reauestina a one-year time extension for conditional use
approval and concurrency certification for the Palm Walk ACLF.
LOCATION OF PROPERTY: The proposed ACLF is to be located on a 1.955 acre
parcel located on the North side of SW 19th Avenue. approximatelv 351 feet east of
Conaress Avenue and 598 feet south of Woolbriaht Road.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
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 Applict6nt
....:!. HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3 The AppHt.Ant's application for relief is hereby
l'GRANTED subject to the conditions marked as "include" in
Exhibit "0" 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.
'lI:\'CTES
PLA~:\I~G .-\ND DEVELOP:\IE:\'T BOARD
BOY:\TON BEACH. FLORIDA
OCTOBER 8. 1996
recommendations of the Planning and Development Board regarding foundation
landscaping along Seacrest Boulevard.
· Flowers Bakery Site Plan - Approved by the City Commission, subject to all staff
comments and the Planning and Development Board's recommendations regarding
landscaping. There was a clarification at the City Commission meeting regarding
landscaping on the east and west sides of the building. The landscaping will be
installed at the corners only, and not along the entire east and west sides.
· Palm Walk Time Extension - Approved by the City Commission, subject to all staff
comments.
B. Filing of quarterly Report for Site Plan Waivers and Minor Site Plan
Modifications
This information was provided for the board's perusal. Mr. Wische commented that it was
very well done.
6. OLD BUSINESS
A. Public Hearing
Rezoning (Postponed from September 10, 1996)
1.
Project:
Agent:
Location:
East Ridge PUD
W. Keith Grant
John A. Grant, Jr., Inc.
Gary De Graf
De Graf, Inc.
East side of the intersection of N.E. 4th Street and N.E.
20th Avenue
Request for master plan approval for 34 single-family
units in connection with a rezoning of 5.01 acres from R-
3 to PUD (Planned Unit Development) with a Land Use
Intensity of 7.00.
Owner:
Description:
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MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1996
building", it will cover it. The applicant just pointed out a different interpretation and feels
more comfortable deleting those words. However, she and Mr. Bekesh agreed on what
the Planning and Development Board recommended.
Mr. Bekesh said if the words "east and west" were left in, there is the danger that if
Ms. Heyden were to leave and someone else came in, that person would force the
applicant to put landscaping along the east and west. It is a distribution center and we
cannot do that.
City Attorney Cherof advised that comment 31 should be rejected and we will rewrite a new
one as additional condition number 1 that will state, "Provide foundation landscaping on
the north side of the building."
No one in the audience wished to address this item.
Motion
Commissioner Titcomb moved to approve New Site Plan request for site plan approval to
construct a 7,000 square foot, new warehouse and office facility, and associated parking
on a 1.3 acre parcel in Quantum Corporate Park, subject to staff comments, with the
deletion of comment 31 and the addition of additional condition number 1. Vice Mayor
Jaskiewicz seconded the motion, which carried 5-0.
E.
Project:
Location:
Applicant:
Owner:
Description:
Palm Walk ACLF (2nd time extension)
S.W. 19th Avenue and Roma Way
Mark Fassey
Trio Associates, Inc.
Time Extension - Request for a second, one-year time
extension (August 16, 1996 to August 1~, 1997) for
conditional use approval and concurrency certification for
construction of a 48-bed ACLF built to Alzheimer/Dementia
specifications.
The applicant was not present. Ms. Heyden said Mr. Fassey was present during recess.
She recommended approval subject to staff comments.
No one in the audience wished to address this item.
25
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 17, 1996
Motion
Commissioner Tillman moved to approve Palm Walk ACLF's request for a second, one-
year time extension (August 16, 1996 to August 16, 1997) for conditional use approval and
concurrency certification for construction of a 48-bed ACLF built to Alzheimer/Dementia
specifications. Vice Mayor Jaskiewicz seconded the motion, which carried 5-0. ;,
IX. NEW BUSINESS
A. Items for discussion requested by Mayor Taylor
1. School Concurrency
Mayor Taylor advised that the City Commission passed a resolution supporting the
Municipal League's stand on school concurrency. Since that time, the Municipal League
has come up with a slightly different plan. A general membership meeting of the Municipal
League will be held on September 25th at 10:30 a.m. At that time, they will be asking the
general membership whether or not they will be supporting the Municipal League's new
proposal. Commissioner Bradley will be our representative, and we should give him our
guidance on how to vote on that issue. The School Board's proposal contains a regulatory
element whereby the School Board and the County would regulate what building could take
place in the communities. The Municipal League's plan tries to do that same thing through
a planning process by using a five year plan and a seven year plan. They are asking the
School Board to come up with a seven year plan that addresses what will happen in seven
years, what that money will be used for, where those schools will go, and then the cities
would buy into that along with the County in a tri-party agreement. Also, they had originally
said that 15 percent of the money collected in anyone year would go towards inner city
schools. They are increasing that to 25 percent. 0
Commissioner Bradley said the problem that the Municipal League has had with the
regulatory part of concurrency is that concurrency will not do much good to reduce
overcrowding in our schools. There are vested projects that span out over the course of
the next four, five, six, and seven years in Palm Beach County that will virtually eliminate
any benefit that concurrency could have. They said that if 5,000 students are coming into_
the system, 500 of them will be impacted by concur-rency. Therefore, 4,500 students wiif
come from projects that are already vested. Due to this fallacy in the system, the
Municipal League did not think it was right. When you couple that with the idea that our
home rule and our ability to single-handedly evaluate and decide upon the different
26