AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D March 16, 1999
D April 6, 1999
D April 20, 1999
D May 4, 1999
March 5, 1999 (noon)
[gI May 18, 1999
D June I, 1999
o June 15, 1999
D July 6,1999
May 7,1999 (noon)
March 26, 1999 (noon)
May 21, 1999 (noon)
April 9, 1999 (noon)
June 4, 1999 (noon)
April 23, 1999 (noon)
June25, 1999 (noon)
NA TURE OF
AGENDA ITEM
D Administrative
[gI
D
D
D
Consent Agenda
Public Hearing
Bids
D Development Plans
D New Business
D
D
D
Legal
Unfmished Business
Announcement
Presentation
RECOMMENDATION: Please place the request below on the May 18, 1999 City Commission agenda under Consent-
Ratification of Planning and Development Board Action. The Planning and Development Board with a 6-0 vote,
recommended denial, based on the lack of development activity and approval of repeated extensions. For further details
pertaining to this request see attached Department of Development Memorandum No. 99-088.
EXPLANATION:
PROJECT: Palm Walk ACLF
AGENT: Richard T. Sovinsky, RA
Ehasz Giacalone Architects, PC
OWNER: Palm Walk Associates
LOCATION: Southwest 19th Street
DESCRIPTION: Request for a one year time extension for Conditional Use approval and concurrency certification (May 5,
1998 to May 5, 2000) to construct a 48 bed adult living facility to be known as Palm Walk.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/ A
ALTERNATIVES: N/A
1'~
ent Department Acting Director
Interim City Manager
7k/~~
Planning and Zoning Director
City Attorney / Finance / Human Resources
IICH\MAIN\SHRDATAIPLANNINGISHAREDIWP\PROJECTSIPALM WALK ACLF(CUTE 99-001 )\AGENDA ITEM REQUEST CC S-18-99.DOC
DEVELOPMENT DEPARTMENT SERVICES
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 99- 088
FROM:
Chairman and Members
Planning and Development Board
jl;'c/e
Michael W. Rumpf
Planning and Zoning Director
(llcR A
Dan DeCarlo ..
Assistant Planner
TO:
THROUGH:
DATE:
May 21,1999
SUBJECT:
Palm Walk Adult Congregate Facility (ACLF)
- conditional use time extension
- concurrency time extension
File No. CUTE 99-001/ CNTE 99-001
NATURE OF REQUEST
Richard T. Sovinsky, of Ehasz Giocalone Architects, agent for Palm Walk Associates, L TD, property
owner, is requesting a twelve (12) month time extension of the conditional use approval and
concurrency certification granted on May-5, 1998. The property, zoned R-3, consists of 1.96 acres of
vacant property located on the north side of S.W. 19th Avenue, approximately 350 feet east of
Congress Avenue. If approved, the request would extend the expiration date of this conditional use
approval to May 5, 2000 (see Exhibit "A" - 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. The approval was subject to staff comments and included
concurrency certification for all applicable levels of service. A total of three (3) time extensions have
been granted for projects approved on this property; two extensions were granted to the former
owner/applicant, and one extension was granted to the current owner, for the original project. The
time extensions extended the project from August 16, 1995 to August 16, 1996, from August 16, 1996
to August 16, 1997, and from August 16, 1997 to August 16, 1998. On May 5, 1998, the current
owner received approval for a new conditional use, which modified the original approval from a
21,172 square foot ACLF with 24, 2-bed units to a 24,500 square foot ALF with 48, 1-bed units (see
Exhibit liB" _ Approved Plan). This extension request represents the second request by the current
property owner, but the first request to extend the current conditional use approval.
ANALYSIS
Prior to the January 21, 1997 adoption of major revisions to the LDRs, Chapter 1.5, Article VI, Section
12.J governed concurrency time extensions. This section stated that requests for time extensions
"may be filed not later than 60 days after the expiration of said certificate". It further stated that "time
extensions may be granted for any length of time which does not exceed one year". However, the
current language regarding who approves concurrency time extensions is unclear and the language
regarding when it must be filed is left out of the current code. Regardless, the time extension request
was submitted on March 25, 1999, well prior to the expiration date of May 5, 1999. Furthermore,
I
. ,
Memorandum No. 99-088
Palm Walk CUTE 99-001/CN I c: 99-001
Page 2
since extension of a development order is meaningless without concurrency approval, and since
extension of the conditional use does require Board and Commission approval, it follows that such a
time extension approval brings with it concurrency re-approval.
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 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. However, staff spoke directly with a principal of
Palm Walk Associates to determine the specific status of this progress and the current efforts to date.
Staff was informed that the applicant has been searching for an ideal operator of the facility, and is
currently negotiating with a "top ten" firm with the expectation of closing the deal within 30-60 days.
Secondly, since a lender requires information on the operator, securing financing has been timed with
operator selection. However, oral commitments have been received from two (2) South Florida
lenders, and financing is expected to be finalized within the same 30-60 day time period. In response
to staff inquiring whether a shorter time. extension would be acceptable, the applicant prefers to
request 12 months to avoid future extensions in the event of unanticipated delays in securing an
'operator and financing, and building permits. Furthermore,. the extended time period should' be
sufflci~nt to allow for closure on the current issues as well as to allow for the commencement of
construction.
With respect to specifics of the approval, neither the property nor area are the subject of specific
recommendations generated from the Vision 20/20 Planning Study, or to be generated from the
Comprehensive Plan EAR-based amendments which would negatively affect the subject approval.
Therefore, there are no existing changes, nor anticipated changes to circumstances on which the
1998 conditional use approval was based.
RECOMMENDATION
Based, in part, on current project progress; the consistency with the Comprehensive Plan which
allows such uses within this land use classification contingent upon residential compatibility; upon the
circumstances that the current conditional use approval were based which remain unchanged; and
upon the fact that, despite the history of time extensions involving this property, this application
represents the first extension request for the current project as approved in 1998 (which is the same
plan submitted by-the current applicant and owner of the project). Of course all conditions on which
the 1998 project received approval remain conditions of the project if this request for time extension is
approved. If additional conditions of approval are required by the Board or City Commission, for the
approval of this request, said conditions will be included on the attached Exhibit "C" - Conditions of
Approval. It should be noted that a condition of a prior approval for time extension required improved
site maintenance. Staff visited the site on May 6, 1999 and observed the property in an acceptable
condition.
DDC:dim
Xc: Central File
J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\PALM WALK ACLF(CUTE 99-(01)\TlME EXTENSION STAFF REPORT.DOC
c0
EXHIBIT "A"LC\r;ATION MAP
PALM WALK
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DEVELOPMENT ORDER
, OF BOYNTON BEACH, FLOR'
~,.
PROJECT NAME: Palm Walk ACLF
APPLICANT: Palm Walk Associates, L TD
APPLICANT'S AGENT: Richard T. Sovinsky
Ehasz Giacalone Architects P.Co
APPLICANT'S ADDRESS: 431 Conklin Street, Farmingdale, New Yoek 11735
DATE OF HEARING BEFORE CITY COMMISSION: May 18,1999
TYPE OF RELIEF SOUGHT: Concurrency Time Extension/Conditional Use Time Extention
LOCATION OF PROPERTY: North side of SoWo 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
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirement.s of t~e City's Land Developmen~ Regulations.
2. The Applicant
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 "B" with notation "Included".
4. The Applicant's application for relief is hereby
_ 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. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Palm Walk ACLF(CUTE 99-001 )\DEVELOPMENT ORDERdoc
f.t;
.~
,
EXHIBIT "e"
Conditions of Approval
Project name: Palm Walk ACLF
File number: CUTE 99-001lCNTE 99-001
Reference" Letter of reauest dated March 23 1999
.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORE STER/ENVIRONMENTALI ST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS .
1. Denied X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
DDC/dim
J:ISHRDATAIPLANNING\sHAREDIWPIPROJECTSIPALM WALK ACLF(CUTE 99-001)ICOND. OF APPROVAL 5-11.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meetine: Dates in to City Manae:er's Officc Mcctine: Dates in to City Manae:er's Office
0 Deccmber 16, 1997 December S, 1997 (noon) 0 February 17, 1998 February 6,1998 (noon)
0 January 6, 1998 December 19, 1997 (noon) 181 March 3, 1998 February 20, 1998 (noon)
0 January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon)
0 February 3, 1998 January 23, 1998 (noon) 0 April 7. 1998 March 20, 1998 (noon)
RECOMMENDATION: Since the request below has been advertised for public hearing at the March 3,1998 City
Commission meeting, it needs to appear on the agenda under Public Hearing. However, the Planning and Development
Board tabled the request to their March 11, 1998 meeting as requested by the applicant to address the ownership of one of the
parcels proposed to be developed. Therefore, the hearing before the Commission needs to be tabled to the March 17, 1998
meeting.
EXPLANATION:
PROJECT: Palm Walk ACLF
AGENT: Ehasz Giacalone Architects
OWNER: Palm Walk Associates
LOCATION: S.W. 19th Avenue
DESCRIPTION: 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.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
~~urz~<?~
Department Head's Signature
City Manager's Signature
Development
/" Department Name
~/~~~
Planning and ning Dire' or
I\CH\MAIN\SHRDATAIPLANNINGlSHAREDIWP\PROJECTS\PALM WALK ACLF\AGENDA ITEM REQUEST 3.3.9B.DOC
. aZ/20/98 FRI 10:00 F.~ 305 347 6500
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McDer.ott Will . ~r7
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22nd Fl~.,
Miami. Ft 3J13H336
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I'WwYurk
St. Pt.'ltmIburjC (RUl'sid)
VIlnius (l.ithwni.ll
Washington. D.C.
"aociattd
(IlfUptfldt'frO Offit'rs:
8arcelona LOndtm
j' Brussels Madrid
Lisbon PaN
McDERMon WILL &t EMERY
G"'II H. Fl.naan
Attcrney it Law
3Q5.J.l7.6554
pebruary 20, 1998
na Jlae8DlIr..
Tambri J. Heyden, AICP
Planninq and Zoning Director
Ci1:y of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Plorida 33425
Re: JtllJ~~dult Conqre9ate Livinq.Facility
rile No.: CUTE 96-001/CNTE 96-001
Location North side of S.W. 19th Avenue, approximately 351 f.et
east of Conqress Avenue and 598 teet south ot Woolbriqht
Read
Dear Ms. Heyden:
i
Our office represents Palm ~alk Associates, Ltd., a Florida
limited partnership (.Palm Walk :!A8sociate..), the owner of the
captioned property.
As I believe you have alre~y discu..ed with our client's
architect, Louis P. Giacalone, at Bhasz Giacalone ArChitects,
P.C., this letter will aerve .s Qur client'. request that the City
of Boynton Beacn .[1. .JIlf;l~-- ~y.heiaring scheduled for February 24,
1998 concerning our cl" en '-s con~:Utional u.e application, in order
to enable our client to addre.s ~e is.u.. concernin9 Tract A that
were recently brouqht to our Client.. attention.
Plea.e do not he.itate to call me it you need anything
further with respect to the foregoinq.
GHF: lib
Very 2:.1: .,
Gre~i Wie';"'n
cc: Palm Walk As.ociates, Ltd.
Mr. Louis P. Giacalone
\4"71\011\6OCG1FII.058
CITr OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Commission Meetin2 Dates in to City Manae:er's Office Meetin2 Dates in to City Manae:er's Office
0 May 6, 1997 April 25, 1997 (noon) 0 July 1, 1997 June 20, 1997 (noon)
0 May 20, 1997 May 9, 1997 (noon) 0 July IS, 1997 July 3, 1997 (Thursday noon)
0 June 3, 1997 May 23.1997 (noon) 0 August 5, 1997 July 25, 1997 (noon)
0 June 17, 1997 June 6, 1997 (noon) fZI August 19, 1997 August 8, 1997 (noon)
RECOMMENDATION: Please place the request below on the August 19, 1997 City Commission meeting agenda under
Consent. The Planning and Development Board, with a 7-0 vote, recommended approval, subject to all staff comments in
Exhibit "D"- Conditions of Approval (see attached). For further details pertaining to this request, see attached Planning and
Zoning Memorandum No. 97-410.
EXPLANATION:
PROJECT: Palm Walk Adult Congregate Living Facility
AGENT: Gregg H. Fierman
McDermott, Will and Emery
OWNER: Palm Walk Associates, Inc.
LOCATION: North side ofS.W. 19th Avenue, approximately 351 feet east of Congress Avenue.
DESCRIPTION: 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.
PROGRAMIMWACT:NM
FISCAL IMPACT: N/A
ALTERNATTVES: N/A
Department Head's Signature
City Manager's Signature
Department Name
J~:~i1zbJ
\\CH\MAIN\SHRDA T A\Planning\SHARED\ WP\PROJECTS\PALM WALK ACLfiAgenda Item Request.doc
EXHIBIT "D"
Conditions of Approval
Project name: Palm Walk ACLF
File number: CUTE 97-00l/CNTE 97-001
Reference: Letter ofreauest dated June 27. 1997. File # CUTE 97-00l/CNTE 97-001 with a June 30. 1997
Planning and Zoning Department date stamp 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
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
utility easements.
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
Page 2
Palm Walk ACLF
File No. CUTE 97-001/CNTE 97-001
PLANNING AND ZONING
Comments:
4. Time extension approval is subject to all staff comments that condition the
original approval (File No. CODS 94-003). This would include the
Community Design Plan appeal that was granted.
5. The property is overgrown with weeds and grass. It is recommended that a
regular site maintenance program be initiated immediately to comply with
the city's nuisance standards.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
6. NONE.
ADDITIONAL CIIT COMMISSION CONDITIONS
7. To be determined.
Ibme
s:\projects'lcond of appr\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Commission Meetin2 Dates in to City Manae:er's Office Meetin2 Dates in to City Manae:er's Office
0 May 6, 1997 April 25, 1997 (noon) 0 July 1, 1997 June 20, 1997 (noon)
0 May 20, 1997 May 9,1997 (noon) 0 July 15, 1997 July 3, 1997 (Thursday noon)
0 June 3,1997 May 23,1997 (noon) 0 August 5, 1997 July 25, 1997 (noon)
0 June 17, 1997 June 6, 1997 (noon) ~ August 19, 1997 August 8,1997 (noon)
RECOMMENDATION: Please place the request below on the August 19,1997 City Commission meeting agenda under
Consent for ratification of the Planning and Development Board's action. The Planning and Development Board, with a 7-0
vote, approved this request, subject to the attached staff comments in Exhibit G. For further details pertaining to this request,
see attached Planning and Zoning Department Memorandum No. 97-387.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCA nON:
BGI Industries, Inc. at Quantum Park
Gonzalo Ravago
BGI Industries, Inc.
Northeast comer of Gateway Boulevard and Quantum Boulevard (lots 32, 33, 34A, 34B, 35,36,
37 and 38 in Quantum Park)
Request for a zoning code variance from the City of Boynton Beach Land Development
Regulations, Chapter 2, Section 7.H.II - Off-street loading, to allow off-street loading facilities
fronting Gateway Boulevard.
DESCRIPTION:
PROGRAM IMP ACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Department Head's Signature
City Manager's Signature
Department Name
~
-::::-~,.
Planning and Zon'
"
\\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\BGI\ZNCV\Agenda Item Request OFF-STREET. doc
EXHIBIT "G"
Conditions of AoorovaJ
Project name: BGI - off-street loading location
File number: ZNCV 97-005
Reference: Aoolication and exhibits with a Julv 9. 1997 Plannina and Zonina Deoartment date stamo
markina.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: N/A
UTILITIES
Comments: N/A
FIRE
Comments: N/A
POLICE
Comments: N/A
ENGINEERING DIVISION
Comments: N/A
BUILDING DIVISION
Comments: N/A
PARKS AND RECREATION
Comments: N/A
FORESTER/ENVIRONMENTALIST
Comments: N/A
PLANNING AND ZONING
Comments:
1. It is recommended that the variance, if granted, be tied to the parcel
of land consisting of lots 34A, 34B, 35, 36, 37 and 38 (excluding lots
32 and 33 not proposed for development at this time).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. NONE.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
JUbme
J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\BGI\ZNCV\cond. of approval.doc
8.E.2
PALM WALK ADULT CONGREGATE LIVING FACILITY
CONCURRENCY AND CONDITIONAL USE TIME
EXTENSION
DEVELOPMENT DEPARTMENT SERVICES
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97-410
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden, AICP
Planning and Zoning Director
FROM:
Jerzy Lewicki
Acting Senior Planner
-;:::]~
DATE: August 8, 1997
SUBJECT: Palm Walk Adult Congregate Facility (ACLF)
- conditional use time extension
- concurrency time extension
File No. CUTE 97-001/ CNTE 97-001
NATURE OF REQUEST
Gregg Fierman of McDermott, Will and Emery, agent for Palm Walk Associates, L TD, property owner,
is requesting a twelve (12) month time extension of the previously granted conditional use approval
and concurrency certification (see Exhibit "A" - letter of request). The property, zoned R-3, is located
on the north side of S.W. 19th Avenue, approximately 350 feet east of Congress Avenue, as shown on
the attached location map - Exhibit "B". If approved, the request would extend the expiration date of
the site plan to August 16, 1998.
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), specifically to the "Modern" design district to allow a white cement roof
rather than the required metal, tar and gravel or built-up with deck 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 the Palm Walk ACLF project. On September 17, 1996, the City
Commission extended the approvals for another year (August 16, 1996 to August 16, 1997).
ANALYSIS
Prior to the January 21, 1997 adoption of major revisions to the LDRs, Chapter 1.5, Article VI, Section
12.J governed concurrency time extensions. This section stated that requests for time extensions
"may be filed not later than 60 days after the expiration of said certificate". It further stated that "time
extensions may be granted for any length of time which does not exceed one year". However, the
current language regarding who approves concurrency time extensions is unclear and the language
/
Page 2
Memorandum No. 97-410
Palm Walk
CUTE 97-001
CNTE 97-001
regarding when it must be filed is left out of the current code. Regardless, the time extension request
was submitted on June 30, 1997, prior to the expiration date of August 16, 1997. Furthermore, since
extension of a development order (such as a conditional use approval) is meaningless without
concurrency approval, and since extension of the conditional use does require Board and
Commission approval, it follows that such a time extension approval brings with it concurrency
reapproval.
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 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. However, the property was recently subject to
foreclosure and has changed ownership. The attached letter of request from the applicant
representing the new owner includes an explanation relative to his attempts to proceed in "good faith"
(Exhibit "A").
With respect to specifics of the approval, the property nor area is the subject of any near future EAR-
based (Evaluation and Appraisal Report of the Comprehensive Plan) amendment required by the
state or part of the in-progress Vision 20/20 Planning Study. Therefore, there are no changed
conditions since the 1996 approval that might warrant expiring the Palm Walk ACLF conditional use
approval.
RECOMMENDATION
On July 22, 1997, 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 "0" (see Exhibit "0" - 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).
The basis for this recommendation, in part, was staffs recognition of the new ownership and that no
applicable city regulations have changed since the original approval.
JL:bme
Xc: Central File
J:\SHRDATA\PLANNING\SHAREDlWP\PROJECTS\PALM WALK ACLF\P&D STAFF-REPORT-CUTE-PALM WALK. DOC
~
EXHIBIT "A"
3
A Partnership Including
Professional Corporations
201 South Biscayne Boulevard
22nd Floor
Miami, FL 33131-4336
305-358-3500
Facsimile 305-347-6500
McDERMOTT, WILL & EMERY
Gregg H. Fierman
Attorney at Law
305-347-6554
June 27, 1997
VIA FEDERAL EXPRESS
Tambri J. Heyden, AICP
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Re:
File No.:
Location
j Boston
Chicago
Los Angeles
Miami
Newport Beach
New York
St. Petersburg (Russia)
Vilnius (Lithuania)
Washington, D.C.
Associated
(Independent) Offices:
Barcelona London
sels Madrid
I.' r- Lilp:bolir"\ ;-- PariS-. - . ..'
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I L
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Palm Walk Adult Congregate Living Facility
CUTE 96-001/CNTE 96-001
North side of S.W. 19th Avenue, approximately 351 feet
east of Congress Avenue and 598 feet south of Woolbright
Road
Dear Ms. Heyden:
This letter is written as a follow-up to our telephone
conversation yesterday with respect to the captioned matter. As I
indicated to you, our office represented Palm Walk Associates,
Ltd., a Florida limited partnership ("Palm Walk Associates"), in
connection with its acquisition of the subject property.
Palm Walk Associates acquired title to the subject property
on April 17, 1997. Its acquisition of the subject property
followed a foreclosure action against Mark Fassy. It is our
understanding that a former owner of the subject property had
obtained a conditional use approval and concurrency certification
for the Palm Walk Adult Congregate Living Facility. As the new
owner of the subject property, Palm Walk Associates intends to
construct an adult congregate living facility on the property.
However, our client recently discovered that the conditional use
approval and concurrency certification for the Palm Walk Adult
Congregate Living Facility will expire on August 16, 1997.
Although our client intends to commence construction shortly, it
does not anticipate being in a position to commence construction
by August 16, 1997.
Accordingly, this letter will serve as a formal request by
Palm Walk Associates to the City of Boynton Beach for the issuance
of a one (1) year extension for the conditional use and
concurrency certification for the Palm Walk Adult Congregate
4
Tambri J. Heyden, AICP
June 27, 1997
Page 2
Living Facility. In this regard, enclosed is our firm's trust
account check made payable to the City of Boynton Beach in the
amount of $400.00, representing the fee required in connection
with this request for the one (1) year extension.
Thank you for your assistance in connection with this
matter. Please do not hesitate to call me if you requir y
additional information with respect to the foregoin
GHF: mh
Enclosure
cc: Palm Walk Associates, Ltd.
Mr. Louis P. Giacalone
\45978\011\60CORFIE.039
Q
EXHIBIT IIBII
LOCATIOI\J Mh.-J
npALM WALKII A.C.L.F.
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EXHIBIT "D"
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EXHIBIT "D"
Conditions of Approval
Project name: Palm Walk ACLF
File number: CUTE 97-001lCNTE 97-001
Reference: Letter of request dated June 27. 1997. File # CUTE 97-001lCNTE 97-001 with a June 30. 1997
Planning and Zoning Department date stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
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
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
utility easements.
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENTALIST
Comments: None
/0
Page 2
Palm Walk ACLF
File No. CUTE 97-001lCNTE 97-001
PLANNING AND ZONING
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
Community Design Plan appeal that was granted.
5. The property is overgrown with weeds and grass. It is recommended that a
regular site maintenance program be initiated immediately to comply with
the city's nuisance standards.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
6. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
I 7. To be determined. I I I
/bme
s:\projects\cond of appr\
/1
-- DEVELOPMENT ORDER
clr". 0F BOYNTON BEACH, FLORIDA
PROJECT NAME: Palm Walk ACLF
APPLICANT: Palm Walk Associates, L TD
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
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
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 "B" with notation "Included".
4. The Applicant's application for relief is hereby
_ 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. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\PALM WALK ACLF\DEVELOPMENT ORDER.doc
I),
DEVELC-V1ENT SERVICES DEPARTMENT
PlJ..liNING AND ZONING DIVISION
MEMORANDUM NO. 97-339
TO:
TECHNICAL REVIEW COMMITTEE MEMBERS
Kerry Willis, City Manager
Larry Roberts, Public Works Director/City Engineer
AI Newbold, Deputy Director of Development
Ken Hall, Development Services Department
William Cavanaugh, Fire Prevention Officer
Sgt. Marlon Harris, Police Department
John Wildner, Parks Superintendent
Kevin Hallahan, Forester/Environmentalist
Clyde "Skip" Milor, Utilities Chief Field Insp.
Mike Haag, Building Permit Administrator
Jerzy Lewicki, Acting Senior Planner
Tambri J. Heyden, AICP 1;:;..J';")1!t.~:
Planning & Zoning Director
FROM:
DATE:
July 9, 1997
SUBJECT:
Administration Technical Review Committee Meeting - Tuesday, July 15, 1997.
On July 15, 1997, following the regularly scheduled TRC meeting, a staff-only meeting will be held to
discuss the project identified below in the 2nd Floor Conference Room C, West Wing, City Hall.
1 . Old Business
None
2. New Business
A. LAND DEVELOPMENT ORDERS (OTHER THAN SITE PLANS)
Site Plan Time Extension
1.
PROJECT:
Boynton Beach Mall - Dept. Store F
AGENT:
Cormac C. Cohahan
LOCATION:
301 N. Congress Avenue
DESCRIPTION:
Request for a one year time extension (to May 17, 1997) of a
previously approved major site plan modification granted on May 17,
1996 for a 162,502 square feet addition with parking structure to the
mall.
NOTE:
Written comments are due to the Planning and Zoning Director
no later than 5:00 P.M. Monday, July 21,1997.
Page 2
Administrative TRC Meeting
July 15, 1997
Concurrency and Conditional Use Time Extension
2.
PROJECT:
Palm Walk Adult Congregate Living Facility
AGENT:
Gregg H. Fierman
McDermott, Will and Emery
LOCATION:
North side of S.W. 19th Avenue, approximately 351 feet east of
Congress Avenue and 598 feet south of Woolbright Road
DESCRIPTION:
Request for a third, one year time extension (August 16, 1997 to
August 16, 1998) for conditional use approval and concurrency
certification for construction of a 48 bed ACLF built to
Alzheimer/Dementia specifications.
NOTE:
Written comments are due to the Planning and Zoning Director
no later than 5:00 P.M. Monday, July 21,1997
4. Other Business
Discussion: Bio Barrior will be discussing their product with regard to Utility and Public Works
improvements.
5. Comments by members
6. Adjournment
S:\agenda\adm\A TRC071597.doc