REVIEW COMMENTS
APPLICATION TRACKING LOG
PROJECT TITLE: PALM WALK ACLF FILE N: CUTE 97-001/CNTE 97-001
PROJECT LOCATION: NORTH SIDE OF S.W. 19TH AVE. APPROXIMATELY 351 FEET EAST OF
CONGRESS AVE. AND 598 FEET SOUTH OF WOOLBRIGHT ROAD
TYPE OF APPLlCATION:CONCURRENCY TIME EXTENSION/CONDITIONAL USE TIME EXTENSION
PUBLIC NOTICE REQUIRED: (Y IN) 0
AGENT: GREGG H. FIERMAN
MIAMI. FL 33131-4336
AGENT PHONE: 305-347-6554
DATE REC'D: 6/30/97
REVIEWER'S NAME: JERZY LEWICKI
ADDRESS: 201 S. BISCAYNE BLVD.. 22ND FLOOR.
FAX: 305-347-6500
AMOUNT: ~400.00
RECEIPT NO.: 2761
12 SETS OF PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW:
2 OF 12 SETS SIGNED AND SEALED 0
SURVEY 0
LANDSCAPE PLAN 0
FLOOR PLAN 0
SITE PLAN WITH SITE DATA 0
APPLICATION/SUBMITTAL: DATE ACCEPTED:
DRAINAGE PLAN 0
ELEVATION VIEW DRAWINGS 0
COLORED ELEVATIONS RECEIVED 0
MATERIAL SAMPLES RECEIVED 0
PHOTOGRAPHS RECEIVED 0
DATE DENIED:
DATE OF LETTER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES:
DATE OF SUBMITTAL ACCEPTANCE LETTER:
INITIAL 1ST REVIEW MEMO: DATE SENT:
MEMO NO.
RETURN DATE: _July 21, 1997_
1 ST REVIEW COMMENTS RECEIVED
UTIL.
P.W.
PARKS
FIRE
POLICE
PLANNING
BUILDING
ENGINEER
FORESTER
ECON. DEV.
COORD.
PLANS
o
o
o
o
o
-
1fW
PLANS
o
o
o
o
o
MEMON
DATE
DATE OF LETTER SENT TO SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS:
90 DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID:
DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMITTED FOR 2ND REVIEW:
PRE-ASSEMBLED PLANS SUBMITTED FOR REVIEW:
AMENDED APPLICATION 0
2 OF 12 SETS SIGNED AND SEALED 0
SURVEY 0
LANDSCAPE PLAN 0
FLOOR PLAN 0
SITE PLAN WITH SITE DATA 0
2ND REVIEW MEMO: DATE SENT:
DRAINAGE PLAN 0
ELEVATION VIEW DRAWINGS 0
COLORED ELEVATIONS RECEIVED 0
MATERIAL SAMPLES RECEIVED 0
TRANSPARENCY RECEIVED 0
PHOTOGRAPHS RECEIVED 0
MEMO NO.
RETURN DATE:
2nd REVIEW COMMENTS RECEIVED
PLANS MEMON DATE PLANS MEMON DATE
UTIL. 0 PLANNING 0
P.W. 0 BUILDING 0
PARKS 0 ENGINEER 0
FIRE 0 FORESTER 0
POLICE 0 ECON. DEV. 0
COORD.
LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT / SIGNS INSTALLED:
DATE: 8/12/97
BOARD MEETING DATE:
BOARD: PLANNING 8[ DEVELOPMENT
CITY COMMISSION: DATE:
DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: 0 DATE:
DEVELOPMENT ORDER SENT TO APPLICANT: 0 DATE:
S:\FORMS\TRACKING LOG FORM
revised 4/25/97
-1997 12;53PM
FROM LAKE WORTH DRAINAGE 561 495 9694
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LAKE WORTH DRAINAGE DISTRICT
13081 MILITARY TRAIL
OELRAY BEACH. FLORIDA ~
July 21, 1997
Tambri J. Heyden, AlCP
Director Planning and Zoning
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 3342S-0310
Subject: Tecbnical Review Committee Agenda - Meeting Date July 22, 1997
Dear Ms. Heyden:
, The Lake Worth Drainage District offers the following comments regarding the item(s)
on the meeting agenda;
1. We do Dot object to the time extensions for the two (2) projects shown on the
agenda faxed to us by the City on July 18, 1997.
As always, we thank you for being given the opportunlty (0 comment.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
~w~~
Project Engineer
JWF :tgr
c: Ronald L. Crone, Assistant Manager, LWDD
Patrick A. Martin, P.E., District Engineer. LWDD
Shaughn J. Webb, ChiefInspectot', LWDD
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07/22/1997 15:17 5513647382
FI RE PRE\!
PAGE 03
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PLANNING AND
ZONING DEPT.
FIRE PREVENTION DIVISION
Memorandum No. 97 -27e
TO:
FROM:
Tambri Heyden, Director
Planning & Zoning Division
William D. Cavanaugh, Act. FPO /I /J j p()
Fire - Rescue Department / t/V'\fI
DATE:
July 22, 1997
SUBJECT:
Time Extension
Palm Walk ACLF
SW 19 Avenue
We have no objections to a time extension.
cc: Deputy Chief Ness
File
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. 97-181
W~ : ,I! --~
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TO:
Tambri Heyden, Planning & Zoning
DATE:
July 18, 1997
FROM:
Al Newbold, Deputy Director of Development
RE:
PALM WALK ADULT CONGREGATE LIVING FACILITY
SITE PLAN EXTENSION (3RD REQUEST)
We have reviewed subject request and offer the following comments.
Building Division
No objection
Engineering Division
No objection
AN/ck
xc: Mike Haag
Sebastian Puda
C:\My Documents\Palm Walk Adult Living Fac., Ext. 3rd.doc
MEMORANDUM
Utilities # 97-232
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Date:
Tambri Heyden.
Planning & Zoning Director
John A. Guidry, ~ /
Director of Utilities ~ V
July 16, 1997
TO:
FROM:
SUBJECT:
Palm Walk Adult Congregate Living Facility,
Concurrency and Conditional Use Time Extension
Staff has reviewed the above referenced project and offer the following comments:
1. Utilities has no additional comments at this time but Utility Department
Memo # 94-253 still applies.
It is our recommendation that the plan proceed through the review process.
If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or
Peter Mazzella at 375-6404.
sm/ palm3
xc: Clyde "Skip" Milor
Peter Mazzella
File
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MEMORANDUM
UTILITIES DEPT. NO. 94 - 253
-----'~'"
TO:
FROM:
John A. Guidry, Utilities Director
DATE:
August 2, 1994
SUBJECT: Palm Walk, aka Boynton Belvedere
Clarification of post-second review comments
To clarify our previous memo no. 94-249, some items that were mentioned in prior memos
are still outstanding, and can only be reviewed at building permit time, due to the complex
nature of the details required. Those comments numbered 2, 4, and 6 as stated on memo
no. 94-243 (dated July 20,1994) will require further review, even though the applicant has
expressed his willingness to comply with them. Their current status, however, should not
prevent this project from moving forward.
Regarding item no. 4 specifically, our approval is based upon the applicant's assurance to
provide an eight (8) foot wide driveway to the west of the existing lift station slab. This
driveway is essential if we are to have access to the lift station with our larger equipment.
I trust this memo will clarify the issue sufficiently. If you should have any further questions,
please refer them to Peter Mazzella of this office.
JAG/PVM
be: Peter Mazzella
xc: Skip Milar
File
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PUF /\ l (~I I I
PLANNING AND
10NING OE.Pl
MEMORANDUM
Utilities #94-243
TO: Tambr1 J.'Heyden,
Planning & Zoning Director
FROM: John A. GUidry,:=J ~- -..l.;;I j(~ )~~
Director of Util1~ V
DATE: July 20, 1994
SUBJECT: Palm Walk a/k/a Boynton Belvedere
Second Review
Staff has reviewed the above referenced project and offer the
following comments:
1. Item numbers 3, 5 and 6 of Utility Memorandum #94-154
are outstanding.
.'
2. All structures and appurtenances shall be a minimum of
10' from existing water and sanitary sewer mains.
3. Specify size of proposed water meter on Sheet C-1.
4. Continue proposed asphalt drive/entrance to existing
sanitary lift station north to match existing co~crete
north edge for access and maintenance.
5. Add the following note to Sheet C-l: The City of
Boynton Beach Utility Department to own and maintain
sanitary sewer main line only.
6. A Hold Harmless Letter will be required on proposed
paver blocks in utility easements.
7. Plan Sheet 1 of 5 shows several structures (sculpture,
breezeway, gates, fences, etc.) within utility
easement. Please clarify and identify all objects
encumbering easement for review and comment, Appendix
C, Art. VIII, Sec. 9.
It is our recommendation that the plan not proceed through the
review process until Items 1, 3 and 7 are addressed.
If you have any questions regarding this subject, plea~e contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
xc:
Clyde "Skip" Milor
Peter Mazze lla IY
File
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MEMORANDUM
UTILITIES DEPT. NO. 94 - 253
FROM:
DATE:
John A. Guidry, Utilities Director
TO:
August 2,1994
SUBJECT: Palm Walk, aka Boynton Belvedere
Clarification of post-second review comments
To clarify our previous memo no. 94-249, some items that were mentioned in prior memos
are still outstanding, and can only be reviewed at building permit time, due to the complex
nature of the details required. Those comments numbered 2, 4, and 6 as stated on memo
no. 94-243 (dated July 20,1994) will require further review, even though the applicant has
expressed his willingness to comply with them. Their current status, however, should not
prevent this project from moving forward.
Regarding item no. 4 specifically, our approval is based upon the applicant's assurance to
provide an eight (8) foot wide driveway to the west of the existing lift station slab. This
driveway is essential if we are to have access to the lift station with our larger equipment.
I trust this memo will clarify the issue sufficiently. If you should have any further questions,
please refer them to Peter Mazzella of this office.
JAG/PVM
be: Peter Mazzella
xc: Skip Milar
File
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PlANNING AND
1.0NING OEPT.
MEMORANDUM
Utilities #94-243
TO: Tambri J.'Heyden,
Planning & Zoning Director
FROM: John A. GUidry\~'~- ~.;I y~ )~~
Director of Utl11~ V
DATE: July 20, 1994
SUBJECT: Palm Walk a/k/a Boynton Belvedere
Second Review
Staff has reviewed the above referenced project and offer the
following comments:
1. Item numbers 3, 5 and 6 of Utility Memorandum #94-154
are outstanding.
2. All structures and appurtenances shall be a minimum of
10' from existing water and sanitary sewer mains.
3. Specify size of proposed water meter on Sheet C-l.
4. Continue proposed asphalt drive/entrance to existing
sanitary lift station north to match existing c6~crete
north edge for access and maintenance.
5. Add the following note to Sheet C-l: The City of
Boynton Beach Utility Department to own and maintain
sanitary sewer matn line only.
6. A Hold Harmless Letter will be required on proposed
paver blocks in utility easements.
7. Plan Sheet 1 of 5 shows several structures (sculpture,
breezeway, gates, fences, etc.) within utility
easement. Please clarify and identify all objects
encumbering easement for review and comment, Appendix
C, Art. VIII, Sec. 9.
It is our recommendation that the plan not proceed through the
review process until Items 1, 3 and 7 are addressed.
If you have any questions regarding this subject, please contact
Skip Milar at 375-6407 or Peter Mazzella at 375-6404.
/gb
xc: Clyde "Skip" Milar
Peter Mazze lla IY
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JUL L U 1994
RECREATION & PARK MEMORANDUM
TO:
Tambi Heyden, Planing and Zoning Director
Kevin John Hallahan ,Forester I Environmenlalist )I. j H-
Palm Walk
FROM:
RE:
DATE:
August 4, 1997
There are no comments on this project. The plans should continue in the normal review process.
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MEMORANDUM
Utilities #94-154
TO: Tambri J. Heyden,
Planning & Zoning
DATE: May 18, 1994
FROM: John A. Guidry,
Director of Utilities,
SUBJECT: Palm Walk a/k/a Boynton Belvedere, First Review
Staff has reviewed the above referenced project and offer the
following comments:
1. Provide tapping tee and valve for proposed fire
hydrant. Existing water main continues north and
connects to water main on Woolbright Road. Please
revise plan (Page C-l) to show existing 6" D.I.P. water
main to north property line (per available record
drawings) .
2. Provide current survey showing all existing and
proposed utility easements. Include existing sanitary
sewer Lift Station #607 shown outside existing utility
easement.
3. Existing 6" water main and fire hydrant running east-
west in center of proposed project to have unobstructed
access for operation and maintenance.
4. Show proposed access to existing sanitary sewer lift
station.
5. No trees are permitted within utility easements, Sec.
7.5-18.1.
6. A capacity reservation fee will be required within
thirty (30) days of City Commission approval, or upon
request for my signature on the HRS/DEP permit and
applications. The fee amount will be determined based
upon meter size or expected demand, Sec. 26-34(e).
It is our recommendation that the plan proceed through the review
process.
If you have any questions regarding this subject, please contact
Skip Milor at 375-6407 or Peter Mazzella at 375-6404.
19b
xc:
Clyde "Skip" Milor
,Peter Mazzella
File
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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
;;::J L------
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 TO, 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 staff's 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\SHARED\WP\PROJECTS\PALM WALK ACLF\P&D STAFF-REPORT-CUTE.PALM WALK.DOC
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EXHIBIT "A"
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A Partnership Inell/ding
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
Boston
Chicago
Los Angeles
Miami
Newport Beach
New York
St, Petersburg (Russia)
Vilnius (Lithuania)
! Washington, D,C.
r Associated
(Independent) Offices:
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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
matter. Please do not hesitate to call me if you requir
additional information with respect to the forego in
GHF: mh
Enclosure
cc: Palm Walk Associates, Ltd.
Mr. Louis P. Giacalone
\45978\O'1\60CORFIE.039
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EXHIBIT "B"
LOCATIOI\l (VIAP
"PALM WALK" A.C.L.F.
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EXHIBIT "0"
9
EXHIBIT "D"
Conditions of Approval
Project name: Palm Walk ACLF
File number: CUTE 97-001lCNTE 97-001
Reference: Letter ofreauest dated June 27. 1997. File # CUTE 97-001lCNTE 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
/0
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. 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
7. To be determined.
/bme
s:\projects\cond of appr\
/1
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).
ANAL YSIS
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 liD" (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).
The basis for this recommendation, in part, was staff's recognition of the new ownership and that no
applicable city regulations have changed since the original approval.
JL:bme
Xc: Central File
J:ISHRDA TAIPLANNING\SHARED\WP\PROJECTSIPALM WALK ACLF\P&D ST AFF-REPORT-CUTE-PALM WALK-DOC
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM NO. PZ 98-057
TO: Chairman and Members
Planning and Development Board
THROUGH: Tambri J. Heyden
Planning and Zoning Director
FROM: Michael Rumpf
Senior Planner
DATE: April 10, 1998
SUBJECT: Palm Walk - COUS 97-006
Conditional Use - Adult Living Facility (ALF)
PROPOSAL SUMMARY
Contained herein is a description of the subject project including a comparison of the proposed Adult
Living Facility (ALF) project with the original Palm Walk Adult Congregate Living Facility (ACLF)
approved for this site on August 16, 1994 (see Site History below). With respect to the reclassification
from an ACLF to ALF, staff understands that this is only a result of a change in terminology recognized
by the health care industry and the Department of Health and Rehabilitative Services, and does not
reflect a change in use, function, or performance of this use as measured by the city's land development
regulations,
Applicant!
Agent:
Palm Walk Associates/Ehasz Giacalone Architects, P.C. (Farmingdale, NY)
Project name:
Palm Walk
General description: Conditional use approval for a 48 bed adult living facility (ALF).
Property size:
1.955 acres
Land use:
High Density Residential
Zoning:
R-3, Multiple family (the R-3 zoning district permits rooming and boarding houses
as a conditional use).
Location:
North side of S.W. 19th Avenue, 100 yards east of Congress Avenue and to
occupy lots 9-24 and 42-48, and Tract "A" of the Christian Villas Plat #2
subdivision (see Exhibit "A" - Location Map).
Number of Units:
48 rooms each containing 1 bed (the original 48-bed Palm Walk project was
designed with 24 beds and 2 beds per unit),
Palm Walk
Memorandum No. PZ 98-057
Page 2
Building area:
24,500 square feet broken down into a 3,030 square foot administration building
and a 19,905 square foot residential building (excluding that area occupied by
mechanical equipment, a kitchen, and other non-livable space). As originally
approved, this current project will also include a canvas-covered walkway
connecting the administration and the residence buildings, and a gazebo located
immediately west of the administration building (see Exhibit "B" - Proposed Plan),
Site history:
A 48-bed ALF was approved for this property on August 16, 1994, and
subsequently granted time extensions which will maintain, at minimum,
concurrency approval for a 48-bed, 21,172 square foot ALF until August 16, 1998.
This original approval consisted of a 4,536 square foot administrative building and
a 12,506 square foot residence building. The project area of the current proposal
exceeds the size of the original approval by 3,328 square feet.
SURROUNDING LAND USES AND ZONING
North - an existing buffer wall and commercial parking lot for the Woolbright Professional Building, zoned
C-3, Community Commercial;
East - a private north/south canal; farther to the east is a single family neighborhood (Boynton Beach
Leisureville), zoned R-1-AA1PUD;
South - S.W. 19th Avenue, a public right-of-way; farther south is a continuation of Boynton Beach
Leisureville, described above; and
West - Cedarwood Villas, a multi-family residential neighborhood zoned R-3.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication
of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section. In evaluating an application for conditional use, the
Board and Commission shall consider the effect of the proposed use on the general health, safety and
welfare of the community and make written findings certifying that satisfactory provisions have been
made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and
access in case of fire or catastrophe.
The subject property has one point of ingress/egress located on S. W. 19th Avenue at the
southeast corner of the site. The driveway leads to the building entrance and off-street parking.
The unobstructed line-of-sight areas at the S. W. 19th Avenue driveway entrance provide safe
visibility for vehicles and pedestrians entering and exiting the site, A sidewalk for pedestrian
Palm Walk
Memorandum No, PZ 98-057
Page 3
access is to be provided from the right-of-way to the entrance of the building. To address
objections raised by the Fire Department, relative to emergency vehicle circulation, patient
loading, and fire suppression, the applicant has agreed to alterations which adequately satisfy
said comments.
2. Off-street parking and loading areas where required, with particular attention to the items in
subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will
have on adjacent and nearby properties, and the city as a whole.
Sixteen (16) parking spaces are required and twenty-one (21) spaces are provided, which
represents an increase of four (4) spaces above that which was proposed in the approved
project. Similar to the original Palm Walk project, this project also proposes a loading area at the
front of the building between the existing city lift station and the walled court area, and again
proposes to locate parking areas at the rear of the site where the property abuts a commercial
parking lot. As originally recognized by staff, this parking design will allow the building to block
views to the parking areas from the street.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
The refuse and service areas are to be combined and located in front of the building at the
southeast area of the site (a location nearest to the facility's kitchen). With respect to the original
project, in an attempt to satisfy accessibility requirements then generated by staff, the dumpster
was to be rolled from the enclosure to the entry drive. However, staff is satisfied with the current
location and accessibility of the dumpster enclosure, as proposed in the subject plan.
4. Utilities, with reference to locations, availability, and compatibility.
With incorporation of Utility Department comments, utilities are available and consistent with
Comprehensive Plan policies and city regulations,
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
With incorporation of Planning and Zoning Division comments, screening and buffering of
adjoining properties will meet code.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
At the time of permitting, the parking lot light levels will be evaluated for traffic safety and
excessive glare. Considering that most of the parking area is shielded by project buildings, no
adverse conditions regarding glare are anticipated. It is recommended that the site lighting poles
not exceed 20 feet in height and that the light levels not exceed minimum standards to maintain
residential character. It is further recommended that the light fixtures required to illuminate the
entrance access aisle be directed away from the residential buildings located east and south of
the site. The signage, also located and designed similar to the current approved plan, is
compatible with sign code requirements for a residential neighborhood.
7. Required setbacks and other open spaces.
Setback and overall landscape code requirements will be met when staff comments are
incorporated into permit drawings.
Palm Walk
Memorandum No. PZ 98-057
Page 4
8. General compatibility with adjacent property, and other property in the zoning district.
The height of the building as proposed is out of scale with the single family, one-story homes that
comprise the Boynton Beach Leisureville neighborhood. As indicated below under Item #9, with
adherence to the condition relative to height, the project will maintain a height compatible with
adjacent residential dwellings.
9, Height of building and structures, with reference to compatibility and harmony to adjacent and
nearby properties, and the city as a whole.
The overall height of the proposed structure is 36 feet (one story). The maximum height allowed
in the R-3 zoning district is 45 feet; however, the adjacent residential buildings have an overall
height of approximately 15 feet. To prevent the project from being out of scale with the majority
of buildings in the area, staff recommends the overall height of the proposed residential building
be reduced to 20 feet. This comment is consistent with the staff recommendations on which the
current site plan was approved. The original site plan proposed a residential building at 25 feet in
height, which staff recommended to be reduced to 20 feet.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
The ALF would be available to the citizens of Boynton Beach and should be an economic asset to
the city. The property has been platted since 1980. Site plan approval for townhouses, to be
constructed in phases, was received as part of the existing Cedarwood Villas project. Although
the city vested the project for concurrency and site plan approval, there has been little interest
over the years in completing the project as originally approved,
11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter
19, Article II of the City of Boynton Beach Code of Ordinances, (Part III Chapter 4 Site Plan
Review) .
With incorporation of staff comments, the proposed project will comply with all requirements of
applicable sections of city code.
12, Compliance with, and abatement of nuisances and hazards in accordance with the performance
standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton
Beach Noise Control Ordinance,
With incorporation of all conditions contained herein, the use would operate in a manner that is in
compliance with the above-referenced codes and ordinances of the City of Boynton Beach.
RECOMMENDA liON
As previously mentioned, ALF's have been construed to be a permitted use, subject to conditional use
approval, in the R-3 zoning district. However, nursing homes are not similarly construed because they
are considered more of an institutional/commercial use, State law governs the distinction between ALF's
and nursing homes and requires different building standards, nursing care requirements and medical
provisions for each type of facility. In addition, nursing homes require a certificate of need from the
Florida Department of Health and Rehabilitative Services (HRS), whereas ALF's do not.
, Palm Walk
Memorandum No, PZ 98-057
Page 5
There is concern that the facility could be converted from an ALF to a nursing home and would then not
be a permitted use at this location. Awareness of the conversion could be difficult, since from the
exterior, no changes would likely be noticed, This is because at the site plan level, building plans are not
required which would indicate whether the building is to be built to the higher nursing home standards.
Construction now to these higher standards would enable future conversion to be easily made with
interior improvements. At time of city permitting of these improvements, it might not be apparent that
these changes are being made to satisfy state nursing home requirements. However, there are currently
three ALF's in the city in R-3 districts and they could potentially convert to nursing homes as well.
Based, in part on the need for this facility as represented by the combined efforts of the former and
current petitioners, the vested status of this project, and the consistency with the Comprehensive Plan
which allows such uses within this land use classification contingent upon compatability with
neighborhood character, staff recommends that this project be approved. This recommendation for
approval is conditioned upon satisfying all conditions of approval as contained in Exhibit "C".
MR
Attachments
S:IPlanningISHAREDlWPIPROJECTSIPALM WALK ACLFICOUS-97\Report COUS9? ,Q06,doc