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AGENDA DOCUMENTS -- , - ~ ~- \ r~ ~\ 0' n ':1F :c: ... I 'Lo' 1:'/ 'i: \: ,,! :'- I' 'J ... ~-' II _ - .1 J :.-.------..-'-~. ----- I '... ~ H n) ~ .,.", I UU! kU':' ,-, ~ ~ i:..---,.,..-.- .-- - .-- ~ FL.~.. MINUTES OF THE PLANNING AND DEVELOPMENT BOA RD"MEE-TI NG HELD IN. COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 12,1997, AT 7:00 P.M. PRESENT Lee Wische, Chairman Jim Golden, Vice Chairman Jose Aguila Mike Friedland Stan Dube Steve Myott. Alternate James Reed, Alternate Michael Rumpf, Senior Planner Michael Pawelczyk, Assistant City Attorney ABSENT Pat Frazier Maurice Rosenstock 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische welcomed Commissioner Shirley Jaskiewicz and Vice Mayor Jamie Titcomb to the meeting and introduced the members of the board and Attorney Pawelczyk, 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Vice Chairman Golden moved to approve the agenda as submitted. Mr. Dube seconded the motion, which carried unanimously. MINUTES PLANNING AND DEVELO...MENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Motion Mr. Aguila moved to approve the request for a one-year only time extension (to May 17, 1998) of a previously approved major site plan modification for a 162,502 square foot addition for a new department store at the Boynton Beach Mall, subject to staff comments. Vice Mayor Golden seconded the motion, which carried unanimously. Concurrency and Conditional Use Time Extension 2. Project: Agent: Description: Palm Walk Adult Congregate Living Facility Gregg H. Fierman McDermott, Will and Emery Palm Walk Associates, Inc. North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue Request for a third, one-year time extension (August 16, 1998) for conditional use approval and concurrency certification for construction of a 48 bed ACLF. Owner: Location: Attorney Darren Fitch of McDermott, Will and Emery represented Palm Walk Associates, Inc. He had no objection to any of the staff comments. Mr. Dubs asked why this is the third time an extension is being requested. Mr. Fitch advised that his client did not own this property when the first two extensions were requested. His client recently acquired this property and just realized that the time was about to expire. Vice Chairman Golden felt there were extenuating circumstances because of the change in ownership. Mr. Fitch advised that this client intends the build the unit before the third time extension expires. Motion Mr. Aguila moved to approve the request for a final one-year time extension for conditional use approval and concurrency certification for construction of a 48 bed ACLF at the north side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue, Palm Walk Adult Congregate Living Facility, subject to staff comments. Vice Chairman Golden seconded the motion, which carried unanimously. 16 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12,1997 F. Other None. 9. COMMENTS BY MEMBERS Vice Chairman Golden advised that he was recently at the Meadows Square Shopping Center and noticed they were painting portions of the shopping center a different color than what was approved. The stone columns in front of the building and the gutter were being changed from an off white to a dark teal. He has alerted Code Compliance staff about this. Mr. Aguila felt they should come before this board if they want to change colors. He suggested that Ms. Heyden advise the board at the next meeting about how the code reads regarding color changes to preapproved elevations. Attorney Pawelczyk advised that the Visions Consultants are reviewing the Land Development Regulations and suggested they be asked to look at this issue. 10. ADJOURNMENT There being no further business to come before the board, the meeting was adjourned at 8:51 p.m. .?/ d~ ~~~ Eve Eubanks Recording Secretary (Two Tapes) 17 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-470 Agenda Memorandum for September 17, 1996, City Commission Meeting TO: Carrie Parker City Manager Tambri J. Heyden, AICP 71-Ji Planning and Zoning Director FROM: DATE: September 12, 1996 SUBJECT: Palm Walk Adult Congregate Living Facility (ACLF) CUTE 96-001/CNTE 96-001 Request for TIME EXTENSION (Conditional use and Concurrency Certification) Please place the above-referenced item on the September 17, 1996 City Commission agenda under Development Order. DESCRIPTION: Mark Fassy, owner and agent for Trio Associates, Inc., is requesting a one-year time extension for conditional use approval and concurrency certification for the Palm Walk ACLF. The proposed ACLF is to be located on a 1.955-acre parcel, located on the north side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue and 598 feet south of Woolbright Road. For further details pertaining to this request please refer to attached Planning and Zoning Department Memorandum No. 96-450. RECOMMENDATION: The Planning and Development Board, with a 6-0 vote, recommended approval subject to staff comments in Exhibit "C". T JH:dim Attachments xc: Central File PALMWALK.WPD EXHIBIT "0" Conditions of Approval Project name: Palm Walk Adult Congregate Living Facility ACLF File number: CUTE 96-001/CNTE 96-001 Reference: One-year time extension for conditional use approval and concurrency certification) INCLUDE REJECT NF FIRE ~lJl . ~F POLICE ~(J1 : NONE DEVELOPMENT DEPARTMENT l . N IE PARKS AND RECREATION - . l,lJlllIll~IIL~: FORESTER/ENVIRONMENTALIST - l .1 JIlII .It-!III~' PLANNING AND ZONING Comments: 1. Approval for one year time extension (August 16, 1996 to August 16, 1997). 2. All staff comments that conditioned the original approval (this would include the Community Design Plan appeal that was granted). 3. The property is overgrown with weeds and grass and therefore a program of regular site maintenance needs to be initiated and maintained to comply with city's nuisance standards. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. NONE ADDITIONAL CITY COMMISSION CONDITIONS 5. To be determined. MEH/dim c:PALMWALKWPD I PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-513 CopV f...i- (pA 1./ tY ~lV- .' {o ~,//-;I d;~(~ . CJI ~ r? , I / '1'..> ~ C~\~ Agenda Memorandum for september 19, 1995 City commission Meeting FROM: Carrie Parker City Manager Tambri J. Heyden n I! planning and Zoning Director TO: DATE: september 14, 1995 SUBJECT: Palm Walk ACLF - CUTE 95-001/CNTE 95-001 Time E}:tension (conditional use and concurrency certification) Please place the above-referenced request on the september 19, 1995 City Commission agenda under Development Plans. DESCRIPTION: Mark Fassy, owner and agent, for Trio Associates, Inc, is requesting a one year time extension for conditional use approval and concurrency certification for construction of a 48 bed adult congregate living facility, the Palm Walk ACLF - located on a 1.955 acre parcel, zoned R-3, Multi-family Residential, on the north side of S.W. 19th Avenue, approximately 351 feet east of congress Avenue and 598 feet south of Woolbright Road. This request was submitted prior to the project's conditional use and concurrency certification expiration of August 16, 1995. (One year after the August 16, 1994 Commission approval.) RECOMMENDATION: The Planning and Development Board, with a 7-0 vote, recommended approval of this request subject to staff comments (Planning and Zoning Department Memorandum No. 95-491). TJH:dim Attachment xc: Central File ,,: C':C'AQenc'a. Pal.. , . TO: Planning and Development Board -2- September 7, 1995 No construction has commenced on the subject property and no permit applications have been submitted to date since the original approval. The attached letter, dated September 2, 1995, from the applicant has been submitted as the applicant's verification that he has made a good faith effort to develop the property. RECOMMENDATION On August 22, 1995, the Technical Review Committee (TRC)/ concurrency Review Board met to discuss the time extensions for Palm Walk. At this meeting the following recommendation was formulated for consideration by the Planning and Development Board and City commission: approval for a one year time extension, subject to continued maintenance of the property and adherence to all staff comments that conditioned the original approval (this would include the Community Design Plan appeal that was granted). The basis for this recommendation was that in staff's opinion, the applicant's difficulties with financing were out of his control and that no city requirements had changed since the original approval. tjh Attachments xc: Central File A:PalmWkTE PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-491 TO: Chairman and Members planning and Development Board FROM: 'l'ambri J. Heyden ~WiL' Q ~~L___ Planning and zoning Dir~ct~ . DATE: September 7, 1995 SUBJECT: Palm Walk ACLF - CUTE 95-001jCNTE 95-001 Time Extension (Conditional use and concurrency certification) NATURE OF REOUEST Mark Fassy, owner and agent for Trio Associates, Inc., is requesting a one year time extension for conditional use approval and concurr~ncy certification for the Palm Walk ACLF - adult congregate living facility (see attached l~tter of request dated August 7, 1995). The proposed ACLF is to be located on a 1.955 acre parcel, zoned R-3, Multi-family Residential, on the north side of S.W. 19th Avenue, approximately 351 feet east of congress Av~ntle and 598 feet south of Woolbright Road (see attached locatioll map). BACKGROUND On August 16, 1994, the city commission granted conditional use approval for the Palm walk ACLF; a 17,042 square foot, 48 bed, specialized adult congregate living facility with limited nursing services for Alzheimer's and dementia patients. The approval was subject to staff comments and included concurrency certification for all levels of service. Also approved was a request for a Community Design Plan Appeal (under the former Community Design Plan) to the "Modern" design district to allow a white cement tile roof rather than the required metal, tar and gravel or built-up with deck and space frame with skylight. ANALYSIS Two sections of the Land Development Regulations govern these types of extensions. Regarding expiration of the project's concurrency certification, Chapter 1.5, Article VI, Section 12.J of the Land Development Regulations states that such requests for time extensions "may be filed not later than 60 days after the expiration of said certificate". It further states that "time extensions may be granted for any length of time which does not exceed one year". The project's conditional use and concurrency certification expired August 16, 1995 (one year after the August 16, 1994 Commission approval). Since the time extension request was submitted prior to this expiration date, the request is timely. Regarding expiration of the conditional use approval, Chapter 2, Section 11.2.E.2.b.(2) of the Land Development Regulations (LDRs) indicates that when the land has not been substantially physically improved, consideration shall be given to the applicant's genuine desire to physically develop the land involved as evidenced by his diligence and good faith efforts to acutally commence and complete construction of the project for which original approval was granted. As stated in the LDRs, "In determining good faith, some of the factors to be considered are: the extent to which construction has commenced, when construction has occurred, and the extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the applicant, it was not possible to meet the time limit". The intent is to oppose permitting a land speculator to retain an approval to more readily sell the land. MARK JOEL FASSY ARCHITECT t J 1 8 9" V I" V U leA NUS DURAY lEACH. fL JJ .... . TELEPHONE (..on "99010"2 :. .,..,,~ fACSIMILE c4 ~ rBfJu11.Jxud!l - 7)t1 ~,N t ~ tE Ol~ tjtJ!OJ R!!i::{4l1.i;! ,.,7flf- ~qvet( ~ f2;~ r qfdL{( I{/tte{c I' V (Jt I {(iJin1,Jlei.{alW A, C. .L, t, ~ J I' . ~ co; ) _ '" I tJt ~.{4 Cl ,etwd~ Irzt ~-;~~~ )t,/t/ - J'tJ!d. . dt:tt a td I . rM -!fe. fV:ttLt-J .,t, 1 U-tt'> l if ;uTt .f.I!clu c'lFfou-J!1! ' 0 1l.0..!((( I~{{ (I LrJladt 1&1 IDJ ~ b rn _n \VI rn fn1 IJI] AOO" or ID95 ~ PlANNING AND ZONING DEPT. '/)/7/95 \. \ " \ 0-~ 0(od ~~ -- ARcmTECT ~ I . 1 . ;1 1'/1 . .~ .....1 :l t ldu ' (,{, ,) . ~. 1{1 i?!1i1Um1J52&&l ~ ,''#tf://ludt (r{311-25'03/tJ /~ RrfJ/7) } ~ iVJf4tf-(j).. . ~(/ ifu(ft'~to&f Si& f1!M" ,,1 I ( lJ, L ~ 1 Yr A C L j::' aut( V' " I ( I lllJU!/ .',' UJ ,t)tfi, /t(V7~ /dJriditr .J! CUtl ,ddllu((j, L.~ ') \ a.{( 1fJffi. t~. h( 10 ~'tl~ ql{~ _,'-dG tl(tr'1 [[~ _ pcJal,/ yeJi ( I aJ 1 fi:.. u,l f) : .Jlad ),Met dill ','. ' (JfJl' ,A ~aut:; .;.l ;{ .fk .Jill,; - I \!;,~rrU_i1 {j <lUZW,. ." (?(l+~~/~-3ct>zlta.' . /~Q) f/ I C'. D- im7~'tf;;itl.t /l~ e (p~ deu ()" .':1;' r .' 1 r1b.trJ.f a _ (;'-(~_ JtltL !fiJ(lf rJ!tztNumq dfzrl/\,:ulteti;(;; yitcvl{rfiV , )/CtOlt,-{24 L((lalltftlk 0.;/2(95 fD) rn @ rn n \VI rn lJ11 SEP 5 1995 PH: (407) 499-2042 13289 A VIA VULCANUS DELRA Y BEACH. FLORIDA 33484 FAX: (407) 499-2042 ... 1 C3 , LOCATION MAP "PALM WALK" A.C.L.F. . r:1tttLJ "..-,- ..,.~. ,," . -~.-- --- . peD ~ ",' o 1/8 tIll Eo,labo 7.E.l. TIME EXTENSION PALM WALK ACLF (2nd TIME EXTENSION) PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-450 TO: Chairman and Members Planning and Development Board -/W. -t:; .-z(!____" ~ Tambri J. Heyden, AICP Planning and Zoning Director FROM: DATE: September 5, 1996 SUBJECT: Palm Walk Adult Congregate Living Facility (ACLF) CUTE 96-001 /CNTE 96-001 Time Extension (Conditional Use and Concurrency Certification) NATURE OF REQUEST Mark Fassy, owner and agent for Trio Associates, Inc., is requesting a one-year time extension for conditional use approval and concurrency certification for the Palm Walk ACLF (see Exhibit "A" -letter of request dated August 14, 1996). The proposed ACLF is to be located on a 1.955- acre parcel, located on the north side ofS.W. 19th Avenue, approximately 351 feet east of Congress Avenue and 598 feet south of Woolbright Road (see Exhibit "B" -location map). BACKGROUND On August 16, 1994 the City Commission granted conditional use approval for the Palm Walk ACLF; a 17,042 square foot, 48 bed, specialized adult congregate living facility with limited nursing services for Alzheimer's and dementia patients (see Exhibit "C" - approved site plan). The approval was subject to staff comments and included concurrency certification for all applicable levels of service. Also approved was a request for an appeal to the Community Design Plan (under the former Community Design Plan), and specifically to the "Modem" design district to allow a white cement roof rather than the required metal, tar and gravel or built- up with deck and space frame with skylight. On September 19, 1995 the City Commission granted approval of a one-year (August 16, 1995 to August 16, 1996) time extension for conditional use approval (48 bed ACLF) and concurrency certification for the Palm Walk ACLF project. ANAL YSIS Two sections of the Land Development Regulations govern these types of extensions. Regarding expiration of the project's concurrency certification, Chapter 1.5, Article VI, Section 12.J of the Land Development Regulations states that such request for time extensions "may be filed not later than 60 days after the expiration of said certificate". It further states that "time extensions may be granted for any length of time which does not exceed one year". The project's conditional use and concurrency certification expired August 16, 1996. The time extension request was submitted prior to this expiration date of August 16, 1996. Regarding expiration of the conditional use approval, Chapter 2, Section 11.2.E.2.b.(2) of the Land Development Regulations (LDRs) indicates that when the land has not been substantially physically improved, consideration shall be given to the applicant's genuine desire to physically develop the land involved as evidenced by his diligence and good faith efforts to actually commence and complete construction of the project for which original approval was granted. As stated in the LDRs, "In determining good faith, some of the factors to be considered are: the I Page 2 Planning and Zoning Department Memorandum No. 96-450 Palm Walk ACLF - CUTE 96-00l/CNTE 96-001 extent to which construction has commenced, when construction has occurred, and the extent to which there has been a bona fide continuous effort to develop but because of circumstances beyond the control of the applicant, it was not possible to meet the time limit". The intent is to oppose permitting a land speculator to retain an approval to more readily sell the land. No construction has commenced on the subject property and no permit applications have been submitted to date. The attached letter of request from the applicant includes an explanation relative to his attempts to proceed in "good faith" (Exhibit "A"). RECOMMENDATION On September 3, 1996, the Technical Review Committee (TRC)/ Concurrency Review Board reviewed this request and formulated a recommendation for a one-year time extension, subject to the Conditions of Approval within Exhibit "D" (see Exhibit "D" - Conditions of Approval) which includes the continued maintenance of the property and adherence to all staff comments upon which the original approval was granted (this would include conditions attached to the Community Design Plan appeal approval). If approved, the new expiration date would be August 16, 1997. The basis for this recommendation, in part, was staffs recognition that the applicant's difficulties with financing were out of his control, and that no applicable city regulations had changed since the original approval. 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(~r;:~ 'Of\JL\L ~~ tu?>tJC L)' ~J.<:Yrft:> +~t.1\.t:(Q\~.~- l{.+:.f~- ('Jf"ul\T ({A'J ( M \H{S <)0 rs ~;t\)(/l.RYl ~>fEC~/\ L\ 7-.Q(}~ IN lilE lk\JE~1tNl ~}D ('X€~rt~ c.f: A. I L ' r: $ l~ \T3~\\~NG7 \~e,LJC;(( p.t~D tS (~ res (\plE~r s\u~~ DUR-t ~ UJU(ct.\ l1ME 1l\ty c~~~r ctJt\) ~.. Cl.0DE A~~ ~j\~AC\1aJs . -n4t'f A~, ~~1\C\(~-' \(~CO\::. N',,~EAA~t0"rc; \0 r~. ftN/J.L-t z,FI) lS'i T{,\E- F.-W!) c~ ,-\~Nrj.A~Y' l~1, LI 9000000000000000000000 TEL No.OOOOOOOOOOOOOOOOOOOO M~r~;~,96 18:40 P.02 ~ tY"od ~ ARCHITECT 'Bf CAlJ5f~ ( HA \Ie -f:U ~'<:-iCEJ) t)~VCL()Pl ~? 'PACt\,\ l.AJAl,.l< \Nl\K l:;uf Pll-tGf;NGt-. I\Nrv It'--\ ^ \1 -rotJ1l: lS CJ'fr ~E t~Sf:NCE ('( tM~HJElC. (t\~'D ' HA\Jt ctAOSE-~ "COM\~~'1 ~l~c\ ,,'-' It,-. L- (stcl~ G ~Ht fkt)(- fI\OLJ1t)j 'A~1) (bv\^'~tJ"JClt.! t;,F~FfYr t D ~J\OS\ ,Af\~r:C{A~lC t" -nAE acTE.t--0S{()~ ~)N 11~ ATf'RO\.\ED sm~ ftAt0 I r:r'7~crr()LL-Y 4~~ PH (4n7H<)~.:~: 1)289 A VlA VULCANUS DtlRA Y I3EACH . FLORID^ )H!!~ Fi\.X (407) 49').20.12 U.... II. . -I ~ E X H I BIT "B" " ,...-,- ~, ;../f,t; ~~r~ ""!"f" o 1/8 llllll 'I E X H I BIT "0" ~ ~ r 3: ~ r- ~ I )> 'lJ 'lJ :rJ ~ m c en ~ m "'C r )> Z ~ o o z c ~ 5 z )> r C en m ....... CIJ C OJ '- m () -4 ~?I o cn ~ Ii "'T1 (') o 3: 3: m z ~ CIJ CIJ: :E , . ... CD . ... : ::r . 1 ;~ i<::: m ~e =r . . .. .. .. o .. . .. o ::: ;tl III lJ) 0 III ::: C) ~ It c: r- p ~ .. j:;') 0 . .., .. . .. . . .. .. .. o ~ .. q E X H I BIT "D" (0 EXHIBIT "C" Conditions of Approval Project name: Palm Walk Adult Congregate Living Facility ACLF File number: CUTE 96-001/CNTE 96-001 Reference: One-year time extension for conditional use approval and concurrency certification) DEPARTMENTS INCLUDE REJECT PUBLIC WORKS C:lJllllllt-!nt~. NONE UTILITIES 'N FIRE CUIIIlIIt-!IIL:S: NONE POLICE l . NI DEVELOPMENT DEPARTMENT CQI III I~ nts: NONE PARKS AND RECREATION . NONF FORESTERlENVI RONMENT ALlST G NONF PLANNING AND ZONING Comments: 1. Approval for one year time extension (August 16, 1996 to August 16, 1997). 2. All staff comments that conditioned the original approval (this would include the Community Design Plan appeal that was granted). 3. The property is overgrown with weeds and grass and therefore a program of regular site maintenance needs to be initiated and maintained to comply with city's nuisance standards. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 3. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 4. To be determined. MEH/dim c:PALMWALK.WPD )} 0000000000000000000000 TEL No.OOOOOOOOOOOOOOOOOOOO ~ <fTod tS3~ P.Ol .~ ~r~ "'@t ~ J~ I~ ~ ill ARCHITECT PLANNING AND ZONING DEPT. '~~~\"Br2\ i~ 1-1.ANNl~ ~ 7aJlNG I~T .~t)jNrCN f€{lCt~ IlL 'FA'1 ~: sri? WI () C~~ 015' 0.30-1 8 ( (4. tc)C~ f:t--f~ f-\tj1J\-not-Jf\L 1{tVtE" F:~-rr=N5({.-N (')C-J tl fA LilA ~'\\!\LK / i I A ( C . 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