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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 ....,.. "" '-,.. . "T;. , .. .' I a : Ii :: k-'. '. ,;f, . . r -.; < .... "~" '. . =-:., $'.'1 -. ;>0 , . ..", . L. oJ" I J '.:...,.. > ... .' ~ .' II - - 1\1 ~. I .so._ ~-:..i11'. ....,.;-..,.....~... '~r'~ ,~. . > ~<: ....v.. ,,-.~;:-. l1- -' ~\ ...:~i . -', 1 ~ ,.' if' .' T' ~. ,t. ).,,#-............") .' Ao .-, - r,.. , - "'''4'',' ~.\ ~ ~~..-,. ..:. ,<~....... . ~ '. ~ ."....., .f'" K'/~ \. .\ \\ 'I I -' ... .... " . . Q ~ .. '- . ~ #' . ,. t ..- : '~'--.r.:..:~t_~I~ . "~~I,.\\Jjii ~. P :~2)~g~~}~'>~. .~.~\:~:~' "~~~~' i' ,. ./' ... ~~ ' \ . >':~'':~Z.., '.' t -\:. ,~<\ ~ \ \. '.' ... 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I I I. ~:;.;-:-...!:..:._.:.- -+' - - i<i or' 2' c....,,~ I~ . ..' k I ~~ .& ~ ~@ It ~6 ~ ~ ' .. ... ,,' .:..1 n ; "k ~~" " .9 .. , ~t " F.H I' .l: A ~ 11 . ,,. <<?l. .', r I: r,t\ (.': ~ b .. ,', ~ p. ~ ! (. '(, ... Ii~' f ~ ~ r. j j :~.~ ~ '! r ~ " u ,.. l. ~; ~:i ~ t~ ).\ :a~ ~ :: ~ f. ~~ * .~ t . ." ( ..o~... I i ;:'. '! .. ~; ~ , .. ....., ," ... ;: ~~!~:~ 'l,i ~ ~ ~t~ ~~ ~t; ~i. ~ t t~.; .~. ,.:,' I; ..,1 Vl) f, ~, : l :. r ;; "~ . . ' ~ ;. ~ ,: . . ~ ~ ~ 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 ,-. - McDer.ott Will . ~r7 liD OOZ .0\ Arnlll"f'l4,i,. "fl.'/'III.~ [''n!'':<~I''",,1 c.~.,.talltr 201 SllUth BillQYrw Iklu~'anj 22nd Fl~., Miami. Ft 3J13H336 3O.~.~!l8.35ClO r...":IimiLl :;u.~..w7.fI..~ 1=. Llls An~s - Miami I Newport &oa.:h 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-. - . ..' , I.. 11c1 r', ; I'" U: e:"j I !' !I.I, r--".- fUll! I L l . P[~.il:.';" :T:~'~.;~-'''' . lC',.'~~;;;~~ l;::'-'~ ~.. ~~~.-"".- 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. c~l:Il ! csll';' .1 Ii i~ i /I .~: '~~';)I'~' II ~"p . .' ~ -..:0:\ W" 80" ra v "Iur. H --.-.. r\.. , . Ic :,.:..,....p. "'_' I ~..~b-ig,w.~J: _' 1 P'" -il -1.1 :-1;1i 1.:1. #~. ..~~~ ! 11,1 n III ., w) . ~. \ -'1lfI" I II p,cr.. ~ ,( t'c i NIC ~, -: ", ~~,', La " ~ ~'.i( - . ... rrr ~ j 1,/ :....~)j ~:. ' ~ . . .' J ')1 ~.2. . , . . :. ~ J. _ . : ~I.' ~!r1t. ~~ I'" .. .' I ., :oJ' ~, -=-_ II I . - -.. ...' 0'" . ~ ,., 'S~ f1~!:'r~ T)' . ',1.1 .!!' 1\I1:r. f I~, ~~ liB -;J : 1= U j.' ,:,') 1 ~,.\>.~~~i/).', :.. '.~! ij . 1M" . R R C JD. I . .'. '-'0 I ~~-' :3 7 TlI1 ' il /, 1U~ i-J, I " "" ~~, ': I . ~ 1'1\ IN I_"",~,~ ,,\: (.);1; . ' , D ("J t~ J ~ ~'dk ~'~ 'N,;f/ ~o- , ';;y /~ ~:~' j!~." I '~~r\~~~' !~) ~ ~~: ~::;Ri.I.q . :l: >; ~ E;; ~\\{, .Ij . . ~ ~~~~~.~~.. C1-~ :1' I~ '1 ~ ,0 \ : {iz>-.. \-V "" 7 0 '. ITII . .r- t '.. 1......)1h~ II II I "" III 1= I ~-------.., "-lllWUIIll A.......~~ '.' I! . ~.: -: '._.:::. ~v . I I I:: 1 I . .,. .. R'~ 'j' .' .... .-' ~ { i'- S IrI" ~ '" Y~AlVf w<<-t "INI/G":'r ,'(/I~i ~~J1~~~ OI~;-,~3~ ~~. fAErJl': ~,~ :gci': ~. ; '"EC', :(J r- . '. J; ~. . . i 1!l1I. 'l"i ~ ~ "Y' .J: _ <;,.. -In ft\"A ~. \ If )) I ~ ~':"t ;, k\Zi~~1I <Q'\ , ...... ~ \ A I '" 5 ~;' . _. ;: .IifiI~ . r -----r----.l 1.1 ...n=.' ('~' -~ AOJJ' Ii:O/lD . Ii 1"1"1' \jJ~..J2l. 51 C1 I ... __ ~Q IIITl\.tf'\:.. TJ' oi I L~ II TTIIIII ITT J.u.k . 'R3 n-- 111 ,'1-"1 T~ L 1111~U..JIt.. 't; / II IT. T ,_ L 1 ...... 'A,," ... .. " . ,.' - 6! 'r::J::Y' 1:: /- Ill.JJlU "I'I ;. ~.~ ..:~... II I~ l','j ~I ,61'\', ~./:~U'~I'~ II"' .::; t180~..1 , I; . '.0. 1/8 MILES(/ .; ~ if. fA JT'il' ~ 'E. ~I- \l .::1: ;f, 1'111" 'I . ''''-J./ I 0 ~ ~~ .2./1 T~~j.?:l~iJ/: 44 t:; T" '" ,. "...-- .~.r' EXHIBIT "C" 1 ~ ~e =r r ~ ~ r ~ I )> -c -c :rJ ~ = rrI Ii 0 en =i m -c ~ :0 11) Z 11! - tl () en 11) 0 ~ :1: Z <) , ~ CJ . ....&. =i CD - [U 0 :r ~ c:: Z )> r r m p c ~ en I j;) m ..... (/) C to t.. m () -i ,:-I I 0 (/) ~ ) " (') 0 3: 3: m z -i en J EXHIBIT "D" q 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