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LEGAL APPROVAL PROJECT NAME: CEVELOPMENT ORDER i,-....'"_._,..~... ,TV OF BOYNTON BEACH, FLQ~ ~A r~; I'" n" J! ['l~""";'~",\." _ ':;1 'J 11 ,.! j Palm Walk ACLF t I. fl. H SEP _ 9 .,r;('\ IIJ~.J I ,':.17 I L__,=,_,~ ',. · PlA'I'.i'lif' A';;:'--.l L___ zoi~uiv;}:B1Et ~I )/} i .'.'.,.,..X-.,..'. /'.~.' 0;;7 .. I'; i '; .l. Ji,: I IV) ; i I _J APPLICANT: Palm Walk Associates, L TO APPLICANT'S AGENT: Greg H. Fierman APPLICANT'S ADDRESS: 201 S. Biscayne Blvd., 22nd Floor, Miami, FL 33131-4336 DATE OF HEARING BEFORE CITY COMMISSION: August 19,1997 TYPE OF RELIEF SOUGHT: Concurrency Time Extension/Conditional Use Time Extention LOCATION OF PROPERTY: North side of S.W. 19th Avenue approximately 351 feet east of Congress Avenue. DRAWING(S): SEE EXHIBIT "A" 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 s' 1ft 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 v HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "8" with notation "Included". 4. The Applicant's application for relief is hereby v GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. AI further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: ~f Ji'':::<, /7/1'7 \\\\\" 1111111111 \\\ III. "" o~ BE... /~ ~~ ~ ~ ~'" ............. 01- ~ '.a~- .,'9J>.TE'D .... ~ C. CI rk .... "9..e '.;:;:: Ity e == a:l :'q: \ ~ =:0 t- = U. :u R:> : = ~ 0 \~ n.<1.I I '" g ~_~.-J ..,~~ ~ , "".. ~ ~ -<"" .., o~ ~ ~.. f\": ..:~ ,r"l. \\", ~"''''III''\\\\' /;< J:\SHROA TA\Planning\SHARED\VVP\PROJECTS\PALM WALK ACLF\OEVELOPMENT ORDER. doc Page 2 Palm Walk .-\CLF File No. CUTE 97-001lCNTE 97-001 PLANNING AND ZONING . N~Lu"Lk: A Ev-&:!:T Comments: 4. Time extension approval is subject to all staff comments that condition the original approval (File No. COUS 94-003). This would include the V Community Design Plan appeal that was granted. 5. The property is overgrown with weeds and grass. It is recommended that a I. , regular site maintenance program be initiated immediately to comply with the city's nuisance standards. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 6. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 7. To be detennined. !bme s:\prOjects\cond ot apprl EXHIBIT 3 Conditions of Ao~roval Project name: Palm Walk ACLF File number: CUTE 97-001lCNTE 97-001 Reference: Letter of reQuest dated June 27, 1997. File # CUTE 97-00 IICNTE 97-00 I with a June 30. 1997 Planning and Zonifllz Deoartment date stamo marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. All structures and appurtenances shall be a minImum of 10 feet from ~ existing water and sanitary sewer mains. 2. Continue proposed asphalt drive/entrance to existing sanitary lift station V' north to match existing concrete north edge for access and maintenance. 3. A hold harmless letter will be required for the proposed paver blocks in v' utility easements. FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DMSION Comments: None P ARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None MINUTES PLANNING AND DEVEL\...,"'MENT BOARD MEETING BOYNTON BEACH. FLORIDA -,. MARCH 11. 1998 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department Chairman Wische introduced Tambri Heyden for an update of the Planning and Zoning Department. Ms. Heyden reported the following: . The department is back on a regular schedule. All items that were on the agenda for the February 24, 1998 meeting have been approved by the City Commission, including the zoning code variance for the First United Methodist Church for a setback variance and abandonment of a portion of a 20.8 foot wide alley south of the Church. . Request by Grand Park ALF of Boynton Beach for abandonment of a utility easement on property located at the southeast corner of Congress Avenue and S.W. 23rd Avenue to be known as Grand Park of Boynton Beach. . The Palm Walk ACLF request for conditional use approval to construct a 48 bed Alzheimer care living facility to be known as Palm Walk was postponed. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING 1. Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone architects Palm Walk Associates S.W. 19th Avenue Request for conditional use approval to construct a 48 bed Alzheimer care living facility to be known as the Palm Walk adult congregate living facility. Chairman Wische informed members that a continuance has been requested. Attorney Pawelczyk stated that a vote tabling this matter until the next meeting was necessary. Therefore, upon motion by Jose Aguila and second 2 ~ " .., MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 11.1998 by James Reed, it was unanimously voted to table the Palm Walk hearing until the March 24, 1998 meeting. Motion to table carried 6-0. B. PUBLIC HEARING MAJOR SITE PLAN MODIFICATION 1. Project: Agent: Owner: Location: Description: Benvenuto's Restaurant Jean Philippe Gaudier Bernard and Cathy Perron 1730 N. Federal Highway Request to amend the previously approved site plan to expand the existing restaurant by 10,767 square feet and add associated parking and landscaping. Chairman Wische asked the agent for Benvenuto's Restaurant to please identify himself. At this point in the meeting, Attorney Pawelczyk swore in all parties who planned to testify on any item on the agenda this evening. Albert Nelson of International Engineering Associates introduced himself as the designer of the project in conjunction with Messrs. Bernard Perron and Jean Philippe Gaudree, the owners of Benvenuto's Restaurant. Chairman Wische instructed Mr. Nelson that he would be asked to address only those issues that he disagreed with or needed clarification. Mr. Nelson stated that there were two issues that they would like to bring to the attention of the Board. At this point in the meeting, Chairman Wische introduced the new Development Director, Bulent Kastarlak and welcomed him to the meeting. Mr. Nelson asked the Board Members to refer to Item 15 on page 10. If you will refer to the site plan, it is intended to keep the existing parking. In so doing some of the spaces may- not comply with the 27' backup space required for 90 degree parking spaces. Mr. Aguila inquired if the spaces were to remain valet parking spaces and was informed that they were. Mr. Aguila stated he felt that 27' was in excess and that 24' would be totally acceptable. Mr. Nelson added that where possible, the new spaces would comply with the 27' requirement. Ms. Heyden reminded Mr. Nelson of the code, which states that when you add square footage to an existing use, you have to bring the parking up to code. Also, Ms. Heyden 3 MEETING MINUTES PLANNING & DEVELOPMEN) ~JARD BOYNTON BEACH, FLORIDA FEBRUARY 24,1998 Mr. Aguila questioned whether the Church is proposing to rezone the property in the future so that it is zoned one classification. Ms. Heyden advised that the City is not requiring such a rezoning, but will clean this up as part of the Comp Plan amendments. Motion Mr. Aguila moved to recommend approval of the request to abandon a portion of a 20.8 foot wide alley south of the First United Methodist Church subject to staff comments. Mr. Dube seconded the motion that carried 6-0. (Mr. Rosenstock was away from the dais.) Mr. DuM recognized people in the audience who were present for Item #4, Palm Walk ACLF. He pointed out that these people were not aware of the fact that this item has been postponed. Attorney Pawelczyk advised that the board would have to take action on this item. However, the applicant has requested a postponement of this application until the meeting to be held on Wednesday, March 11, 1998. He announced that the meeting will be held in the West Wing Conference Room "cn at 7:00 p.m. 3. Project: Agent: Owner: Location: Description: Grand Park ALF of Boynton Beach Gregory Miklos of Miklos and Associates Norman J. Michael, Milnor Corporation Southwest corner of SW 13th Street and Golf Road Request for abandonment of a utility easement on property located approximately 540 feet east of the southeast corner of Congress Avenue and SW 23rd Avenue to be known as Grand Park of Boynton Beach Greg Miklos, 2263 Northwest Boca Raton Boulevard, approached the podium. Chairman Wische noted that there are no staff conditions for this application. Motion Mr. Aguila moved to recommend approval of the request for abandonment of a utility easement on property located approximately 540 feet east of the southeast corner of Congress Avenue and SW 23rd Avenue to be known as Grand Park of Boynton Beach. Mr. Dube seconded the motion that carried 6-0. (Mr. Rosenstock was away from the dais.) Conditional Use 4. Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates SW 19th Avenue Request for conditional use approval to construct a 48- bed Alzheimer care living facility to be known as the Palm Walk adult congregate living facility. Motion Mr. Dube moved to table Item #4 to the March 11th meeting. Mr. Aguila seconded the motion that carried 6-0. (Mr. Rosenstock was away from the dais.) 4 MEETING MINUTES PLANNING & DEVELOPMENl ..,OARD BOYNTON BEACH, FLORIDA - FEBRUARY 24, 1998 8. OTHER: None 9. COMMENTS BY MEMBERS Mr. Aguila advised that he would remain a member of this board only through March. He is hopeful that the members who continue on this board think about variances more carefully and vote consistently rather than emotionally. 10. ADJOURNMENT Mr. Myatt moved to adjourn the meeting. The motion was seconded and carried. The meeting properly adjourned at 7:28 p.m. ~ 'nt. p~ ~anet ~. Prainito Recording Secretary (One Tape) 5 ME~TING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 19, 1997 This item was removed from the Consent Agenda for discussion. I. Approve request for Boynton Mobile Village for Community Design Plan Appeal J. Approve request for Palm Walk ACLF for conditional use time extensionl concurrency time extension K. Approve request for master plan modification for the Shoppes of Woolbright PCD This item was removed from the Consent Agenda for discussion. L. Approve request for master plan modification for Melear PUD M. Approve request for new site plan for ARC (American Retirement Communities) at Boynton Beach N. Approve request for new site plan for Woolbright Medical Office This item was removed from the Consent Agenda for discussion. O. Approve site plan time extension for Boynton Beach Mall-Department Store F P. Approve funding for City Hall Information/Site Sign in the amount of either $10,000 or $25,000 a. Approve request for refund on Mausoleum Crypt #E-9, Benediction Building, Section B, Boynton Beach Memorial Park purchased by Rosadee Wright R. Approve request for refund on Cemetery Lots 10 & 11, Block J, Boynton Beach Memorial Park, purchased by Louise L. Carver S. Authorization to turn finalized utility accounts with uncollectible balances to 3/31/97 over to collection agency Motion Commissioner Tillman moved to approve the Consent Agenda with the exception of Items "H", "K", and UN" Commissioner Jaskiewicz seconded the motion which carried 4-0. H. Approve request for Shafiqul Islam for a variance to the Land Development Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed Commissioner Jaskiewicz reported that she attended the Planning & Development Board meeting when this issue was addressed. After the meeting, she inspected the area and feels this request would be very appropriate. This site is located on the Intracoastal where very large homes already exist. She does not feel the structure will block anyone's view. It is her opinion that the board was too stringent in requiring the applicant to stay within the 25' limit for a luxury home and she recalled that the applicant was willing to go to 30'. It appeared to Commissioner Jaskiewicz that some of the existing homes are higher than 25'. She feels this request should be given reconsideration, and she is hopeful it will not be denied. Attorney Cherot advised that the applicant has requested a postponement of this item. He suggested this item be tabled. 5 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, F ON TUESDAY, AUGUST 19, 1997, AT 6:30 P.M. PRESENT Ir Gerald "Jerry" Taylor. Mayor Jamie Titcomb. Vice Mayor Matt Bradley. Commissioner Shirley Jaskiewicz. Commissioner Henderson Tillman. Commissioner Kerry Willis. City Manager James Cherof. City Attorney Sue Kruse. City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Father Mark, Pastor, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor re (jil re n nn G lS~~U\!JL:: I" , 11;; . f II!; ~' U, i ASEP 4~,~~ ;':-'._, PLANNING AND ZONING DEPT. Mayor Taylor called the meeting to order at 6:35 p.m. Following the invocation. Mayor Taylor led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Taylor requested the addition to two items under X-New Business. They will be: 1. Letter from the "1 Have A Dream Foundation": and 2. 1-95 Wall as it relates to Forest Park Elementary School City Manager Willis added four items under V-City Manager's Report. They are: 1. Citizens Action Center 2. Schedule Workshop to Discuss Fire and EMS Services to Hypoluxo 3. Authorization to Retain Labor Management Services 4. Approval of a Block Party Request 2. Adoption Commissioner Tillman moved to approve the agenda as amended. Commissioner Jaskiewicz seconded the motion which carned 4-0. Mayor Taylor announced that Commissioner Bradley is out of town. II. ADMINISTRATIVE: k I BRADLEY WAS OUT OF TOWN DURING THIS MEETING. 1