LEGAL APPROVAL
rrFre City of
13oynton 13eac/i
100 'E. 13oynton 13eadi.13oukvara
P.O. 13~310
13oynton 13eadi., 1"forid'a 33425-0310
City %z[[: (407) 375-6000
1".9lX: (407) 375-6090
September 15, 1994
Mr. Mark Joel Fassy
13289A Via Vulcanus
Delray Beach, Florida 33484
RE: Palm Walk ACLF
COUS #94-003 and CDPA #94-003
Dear Mr. Fassy:
Please be advised that your request for conditional use approval
for a 48 bed, adult congregate living facility, to be known as
Palm Walk and to be located on a 1.955 acre parcel on the north
side of S.W. 19th Avenue, approximately 351 feet east of Congress
Avenue, was approved by the City commission on August 16, 1994,
subject to conditions (see attached city Commission meeting
minutes for conditions). Also at this meeting, the City
commission approved your request for a community design plan
appeal for roof material, as submitted.
Although additional requirements and procedures are set forth by
code for conditional use requests, pursuant to Section 11.2.D.11
and 11.2.F.5 of Appendix A - Zoning of the Boynton Beach Code of
Ordinances, conditional use requests must contain the same site
plan information and be reviewed incorporating the standards set
forth in the city's site plan ordinance. Therefore, the August
16th conditional use approval encompasses site plan approval as
well and entitles you to proceed to the building permit process.
I trust that this response, as requested, answers your questions
regarding the city's project approval process for conditional use
requests.
Sincerely,
J~~n-,_1! ~
Tambri J. ~d~
Planning & Zoning Director
tjh
P'.ttach:nent
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MINUTES - REGULAR CI1. ~OMMISSION MEETING
BOYNTON BEACH. FLORIDA
AUGUST 16. 1994
Motion
Vice Mayor Matson moved to approve the Consent Agenda as corrected, including
the bill which was added in the amount of $9,585.30 for Josias & Goren. Mayor
Pro Tem 8radley seconded the motion, which carried 5-0.
IV. ANNOUNCEMENTS & PRESENTATIONS
A. Announcements
1. First City Commission Meeting in September will be Friday,
September 9, 1994, at 6:30 P.M.
Mayor Hanmening made this announcement.
2. Code Revision Workshop Meeting -September 12. 1994 - 6:0~ P.M.
Mayor Hanmening made this announcement.
3. First Budget Public Hearing for FY 94/95 - September 13. 1994 -
6:00 P.M.
Mayor Hanmening made this announcement.
At this point in the meeting, Mayor Hanmening acknowledged the presence of the
Chair of the Board of County Commissioners, Mary McCarty, in the audience.
B. Presentations
None.
V. BIDS
None.
VI. PUBLIC HEARING
-
C<9L(S 9f..(f)C.J
Palm Walk a/k/a Boynton Belvedere
Trio Associates Ltd.
Mark Fassy
North side of SW 19th Avenue, approximately 351
feet east of Congress Avenue
CONDITIONAL USE: Request for conditional use
approval to construct a 17,042 square foot, 48
bed adult congregate living facility (ACLF) on
a 1.955 acre site.
Tambri Heyden, Planning and Zoning Director, stated that this is a request for
conditional use approval for a 48 bed adult congregate living facility (ACLF)
specializing in Alzheimer's and dementia patients with limited nursing care.
A. Project Name:
Owner:
Agent:
Location:
Description:
- 8 -
MINUTES - REGULAR CIl ;OMMISSION MEETING
. BOYNTON BEACH, FLORIDA
AUGUST 16, 1994
The proposed ACLF is located on the north side of S. W. 19th Avenue, approxi-
mately 351 feet east of Congress Avenue, and is zoned R-3. The R-3 zoning
district pennits rooming and boarding homes, subject to conditional use approv-
al. It has been detennined that adult congregate living facilities are a type
of rooming and boarding house.
The facility consists of 4,536 square feet of administration building, and the
residential building where the beds are located will be approximately 13,000
square feet. Both buildings are connected with a canvas canopy and the drive-
through entrance canopy is proposed east of the administration building. A
canvas covered gazebo is planned on the west property line.
With regard to surrounding land uses and zoning, to the north (zoned C-3) is the
Woolbright Professional Building; to the east is Leisurevi11e (zoned
R-1-AA/PUD); to the south is also Leisurevi1le,.and to the west is Cedarw09d
Villas. -
There are a number of standards that have to be evaluated for conditional use!r.-r~ __
The Board and the Conmission have to consider the effect of the use on the -~-
general health, safety and welfare of the conmunity and certify that satisfac-
tory provision has been made regarding those standards.
Ms. Heyden stated that the property has only one ingress/egress on S. W. 19th
Street. The parking area is in the rear. The service area and the fonnal
entrance is on the east side of the property. A loading area is provided in
front of the building between the existing City lift station and the front of
the building.
The refuse area was a major concern in review of this project and many changes
have taken place in the last two to three weeks. The refuse and service area
were combined and located in front of the building. The latest proposal was a
roll-out dumpster. This was a compromise reached by staff and the applicant
based on problems with safety and visibility and due to the arrangement of the
site, which did not allow adequate maneuvering of a dumpster. Staff had origi-
nally wanted the dumpster in the rear of the property where it would most likely
have been screened. However, the applicant preferred the dumpster in the front
of the property because the kitchen facilities are located in front of the
building. The Utilities Department had a problem with a roll-out dumpster
because of the proximity of the roll-out to the lift station. Also, the roll-
out dumpster requires a curb around it and because of the close proximity of the
11ft station with the dumpster, it was felt it was a tripping hazard for person-
nel trying to access the lift station. In addition, while they had compromised
with a roll-out dumpster, it is the Public Works Department's position that
roll-out dumpsters are problematic because you have to rely on the property
owner or manager to rollout the dumpster and roll it back, and it has always
been a last resort to solve the dumpster problem.
Staff is now reconmending that rather than provide a dumpster, a dumpster enclo-
sure be provided and house trash cans for can pickup. It is proposed that a
residential truck, which will have more than one driver on it, pick up the gar-
- 9 -
. MINUTES - REGULAR CIlY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 16, 1994
bage. Since there is more than one driver on the truck, the truck can safely
back in and out of the site. This will be charged at the commercial rate and
based on a four yard, twice a week pickup. This has been discussed with the
applicant this evening over the telephone and he agreed to it.
Mayor Harmening asked if Public Works has agreed with this. Ms. Heyden answered
affirmatively and added that it was primarily their idea.
Commissioner Aguila wondered how much trash would be generated by the kitchen
and how smelly and dirty the area will be. Ms. Heyden did not think it would
smell any worse or be any dirtier than a dumpster. She advised thQt Robert
Eichorst, the Public Works Director, is aware of the quantity of garbage that
would be generated by this facility and feels that four yards twice a week would
be adequate.
Commissioner Aguila asked if the Health Department needs to have any input-on
the dumpster issue. Ms. Heyden advised that the Health Department requires the
faci 1 ity to have a can wash. .--
... :...:..-
.. :..=--.
With regard to the exterior lighting in the parking lot, it was recommended that
the site lighting poles not exceed twenty feet in height and that the light
levels not exceed the City standards so as to maintain the residential character
of the area. It was also recommended that those lights be directed away from
the residential buildings to the south, west, and east.
Regarding general compatibility, the applicant has designed a building that is
compatible in appearance with the residential buildings in the area. However,
Ms. Heyden pointed out that due to this type of facility, the specialized nature
of this facility, and state requirements, it lends a more institutional appear-
ance to the building.
Staff also recommended that the overall height of the building be reduced to
twenty feet, primarily based on the existing height of the buildings in the
area, which are fifteen feet.
Ms. Heyden stated that there is a general need for this type of facility and the
design components have been incorporated in such a way as to minimize the impact
of the use. Therefore, the Planning and Zoning Department recommends approval
of this request, subject to staff comments. If the Commission so desires, the
Public Works Department memorandum can be deleted in exchange for the can pickup
concept.
Ms. Heyden advised that the Planning and Development Board recommended approval
of this project, except for the height reduction recommended by the Planning and
Zoning Department. Commissioner Aguila agreed with the Planning and Development
Board regarding not reducing the height of the building. He felt lowering the
building would create a disproportionate change in the building and it will not
look as nice. He did not think it would impact the residential whether this
building is twenty or twenty-five feet.
- 10 -
MINUTES - REGULAR CIi _ COMMISSION MEETING
BOYNTON BEACH. FLORIDA
AUGUST 16. 1994
In response to Commissioner Aguila, Ms. Heyden advised that the height of the
dumpster enclosure is six feet. The entrance wall is four feet because it is
within the setbacks. In addition, the dumpster enclosure will be properly
gated.
Bill Lynch, 1912 S. W. 16th Avenue, President of the Boynton Leisureville
Community Association, stated that on August 8, 1994, a meeting was held with
the Board of Directors, the developer, and fifty or better residents who live in
the area where this ACLF will be erected. At the end of this meeting, he asked
for a show of hands for those who approve of having this development next to
Leisureville, and approval was almost unanimous. He respectfully requested the
City Commission to give their approval to this project.
No one else wishing to speak in favor of or against this proposed conditional
use, Mayor Hanmening declared the public hearing .c10sed.
Motion
._r
Commissioner Aguila moved approval of this conditional use, subject to staff
comments, exclusive of the reduction of height of the building from twenty-five
to twenty feet. Vice Mayor Matson seconded the motion, which carried 5-0.
-----
VII. PUBLIC AUDIENCE
.....~.u
Rhoda Friedman, 10093 Hickorywood Place, has been a member of the Boynton Beach
Municipal Golf Course since its inception. She objected to Joe Sciortino's pro-
posal to alter the golf course into a daily fee course. She does not understand
why a golf course that is financially successful should be changed when most
Palm Beach courses, both private and public, are seeking new memberships to
sustain themselves. Eight hundred plus members have been paying $700 plus up
front which brings in over $600,000 at the beginning of each season. Daily
players do not usually play the same course three times a week, as most of the
members do. She appealed to the City Commission to hold an open meeting so that
the members can express their point of view before making a final decision.
Joe Friedman, 10093 Hickorywood Place, has also been a member of the Boynton
Beach Municipal Golf Course since its inception. He wondered how the Commission
is able to make this change when the agreement the City has with the County
states that the agreement shall be null and void if the City violates any cove-
nant or provision of the agreement. Mr. Friedman stated that by changing this
from a membership course to a daily user course, the City will be violating this
agreement.
Mayor Hanmening stated that the proper forum for this discussion is probably at
the public hearing on the budget, not tonight. Mr. Friedman felt that it might
be too late to discuss it at the public hearing on the budget because it will
throw the budget haywire.
James W1111em Lawler, fonmerly of High Point, now lives in the County and is one
of the original people who got the land from the County and helped get this golf
- 11 -
MINUTES - REGULAR cn r C0tf4ISSION MEETING
BOYNTON BEACH. FLORIDA
AUGUST 16, 1994
VIII. DEVELOPMENT PLANS
A. Consent Agendl - Unlnimously lpproved by Pllnning & Development Board
........
None.
B. Non-Consent Agendl - Not unanimously lpproved by Planning &
Deve 1 opment c!']:lf/l f !'OC,
1. Project Name:
Owner:
Agent:
Location:
Description:
Pllm Wllk llkll Boynton Belvedere
Trio Associates Ltd.
Mark Fassy
North side of SW 19th Avenue, approximately 351
feet east of Congress Avenue
COMMUNITY DESIGN PLAN: Request for an appeal to
the Modern Design District roof material require-
ment for a proposed adult congregate living facil-
ity (ACLF) __
..:"~~
Ms. Heyden stated that this request goes hand in hand with the Palm Walk con-
ditional use approval. This request is for a Community Design Plan appeal.
Palm Walk is within the Community Design Plan modern district and the applicant
is requesting a white cement tile roof as part of the roof material, rather than
the required metal, tar and gravel or built-up with deck and space frame with
skyl i ght.
The Planning and Development Board unanimously recommended approval of this
request, as submitted. Staff recommended approval of this request, with the
condition that the roof of the entrance canopy be changed from canvas to white
tile. One of the drawings submitted showed white tile and one showed canvas.
T~erefore, there is a discrepancy on the drawings. Staff recommends that the
canopy be tile rather than canvas.
The walls of the building are pale pink. The trim of the building is light
green tile and the canvas canopies are striped white, pink and pale green.
In response to Mayor Hanmening, Ms. Heyden said she was talking about the main
entrance to the project. The gazebo also has canvas on it. Mayor Harmening
asked her if she recommends allowing the canvas on the gazebo. Ms. Heyden
discouraged canvas in general. Mayor Harmening pointed out that the gazebo is
planned for the future. Ms. Heyden confinmed that this site plan approval is
phased in two phases.
Commissioner Aguila felt a white cement tile roof is very appropriate in this
neighborhood and the request should be granted. He felt the canvas is fine and
softens it and adds a little color.
Vice Mayor Matson stated that it 1s a very beautiful project.
Commissioner Aguila felt it is going to be a very appropriate project in the
middle of a community that is going to be impacted by it in a very positive way.
- 13 -
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
AUGUST 16. 1994
If it is landscaped as nicely as the plans indicate, it is going to be a project
to be proud of.
Motion
Commissioner Aguila moved to grant the applicant a waiver of the Community
Design Plan. Commissioner Katz seconded the motion.
Mayor Harmening pointed out that it sits right in the middle of all white tile
roofs and it would look strange to have something else on it. He believed this
was not on the Consent Agenda because of the canvas over the porte-cochere, not
because anyone objected to the roof. The only problem he had with canvas rather
than a solid roof with white tile on it, is that canvas deteriorates and can
become rather unslightly unless it is renewed on a regular basis. In addition,
it has a tendency to blow around in a heavy win~.
Commissioner Aguila stated that they have come a long way on the vinyl and nylon
materials they use as opposed to canvas. They tend to keep their color 10ngerJ:
tend to be tied on considerably tighter, and tend to last longer. However,
poorly maintained, or use of a cheap product, can result in exactly what Mayor
Harmening said. He guessed, based on the quality he has seen to this point,
that this is probably not going to be the case here.
Mayor Pro Tem Bradley asked if staff is opposed to the canvas because of its
tendency to deteriorate and fade. Ms. Heyden stated that staff pretty much
echoes the Mayor's comments.
Amendment to Motton
Commissioner Aguila moved to allow the use of the white cement tile roof and the
canvas awnings as presented this evening. Commissioner Katz seconded the
motion, which carried 5-0.
Vote on Matn Motion
'--
The motion to grant the applicant a waiver of the Community Design Plan also
carried 5-0.
2. Project Name:
Owner:
Agent:
Description:
The Vinings a.t Boynton BRCh ~~PL '1"'-I)(JJ,
Howard Scharlin, Trustee ,
Richard Wolfarth, C.C.L. Consultants, Inc.
EXCEPTION TO PLATTING: Request to subdivide a
33.87 acre parcel from Tract C, the undeveloped,
multifamily/duplex designated parcel of Woolbright
Place, Plat No. 1
Ms. Heyden stated that Richard Wolfarth of C.C.L. Consultants, Inc. is
requesting approval to further subdivide the Woolbright Place PUD. The PUD is
located on S. W. 8th Street, approximately 1,300 feet north of Woolbright Road.
The subdivison requested was to split up a 33.87 acre parcel from Tract C of the
Woolbright Place Plat. It is proposed to subdivide Tract C into three parcels
- 14 -
"
7. A. 1
PALM WALK a/k/a BOYNTON BELVEDERE
CONDITIONAL USE
/
~
..
PLANNING AND ZONING DEPARTMENT MEMORANDUM #94-234
FROM:
Chairman and Members
Planning and Development Board
--1:J.1I Pi)f?..
Tambri J. Heyden
Planning And Zoning Director
Michael E. H~an;J......,-
Zoning and Site _ ~loPfuent Administrator
August 5, 1994
TO:
THROUGH:
DATE:
SUBJECT:
Palm Walk - Cous #94-003
Conditional Use - ACLF
SUMMARY: Mark Fassy, owner and agent for Trio Associates, Inc., is
requesting conditional use approval for a 48 bed adult congregate
living facility (ACLF), built to the specifications for
alzheimer/dementia patients. The proposed ACLF is to be located on
the north side of S.W. 19th Avenue, approximately 351 feet east of
Congress and 598 feet south of Woolbright Road. The 1.955 acre
property is within an R-3 zoning district. The project is located
in the modern district of the Community Design Plan. The facility
is 17,042 square feet in size. This request is being forwarded for
review, consistent with Section 11.2 of Appendix A-Zoning of the
Code of Ordinances and Chapter 4 of the Site Plan Review Ordinance.
The R-3 district permits rooming and boarding houses as a
condi tional use. Adult congregate living facilities have been
construed to be a type of rooming and boarding house. As a point
of information, nursing homes have been determined not to be
allowed in the R-3 district.
DESCRIPTION OF PROJECT: (See attached drawing)
Project name:
Palm walk a/k/a Boynton Belvedere
File No:
COUS 94-003
Applicant:
Trio Associates Ltd.
Agent:
Mark Fassy
Location:
North side of S.W. 19th Avenue (100 yards east of
Congress Avenue.)
Land Use Plan
Designation:
High Density Residential
Zoning District: R-3, Multi Family Residential
Type of Use:
A specialized adult congregate living facility wifu
limited nursing services
Number of Units:
48 Beds
Square Footage of Buildings: 17,042
Parcel Size: 1.955 acres
I
Palm Walk
memorandum #94-234
Page 2
As previously described, the site is located on the north side of
S.W. 19th Avenue, east of Congress Avenue and is currently vacant
land. The property encompasses the undeveloped phase of Cedarwood
Villas, specifically lots 9-24 and 42-48 of Christian Villas Plat
#2. The facility consists of a 4,536 square foot administration
building and a 12,506 square foot residence building. Both
buildings are connected with a canvas canopy. A canvas, drive-
through entrance canopy is proposed east of the administrative
building. West of the administrative building, a canvas-covered
gazebo is proposed. Sixteen parking spaces are required for the 48
bed facility and seventeen parking spaces are proposed for the
si te. The parking area has direct access to S. w. 19th Avenue.
Using the ratio of one parking space per three (3) beds, the
facility will have one surplus space.
The applicant has requested a variance from the Community Design
plan requirements for roof material, which is being processed
concurrently with the conditional use approval.
SURROUNDING LAND USES AND ZONING (see attached location map):
The subject property is located in the R-3, Multiple-Family
Dwelling, zoning district. The following is a description of the
land uses and zoning districts of the properties that abut the
subject site.
North - an existing buffer wall and commercial parking lot part of
the Woolbright Professional Building, zoned C-3, Community
commercial.
East - a private north/south canal; farther to the east is a single
family neighborhood (Leisureville), zoned R-1AA/PUD.
south - S.W. 19th Avenue, a public right-of-way; farther south is
the continuation of Leisureville, described above.
West Cedarwood Villas,
neighborhood, zoned R-3.
a
multiple-family
residential
STANDARDS FOR EVALUATING CONDITIONAL USES: Section 11.2 D of the
Zoning Code contains the following standards to which conditional
uses are required to conform. Following each of these standards is
the Planning and Zoning Department's evaluation of the application
as it pertains to the 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 provision has been
made concerning the following standards, where applicable:
2.
Palm Walk
memorandum #94-234
Page 3
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 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. No negative
comments were submitted regarding traffic flow or access in
case of an emergency. A sidewalk for pedestrian access is
provided from the right-of-way to the entrance of the
building.
2. off-street parking and loading areas where required, with
particular attention to the items in subsection I 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 seventeen (17)
spaces are provided. A loading area is provided at the front
of the building between the existing city lift station and the
walled exterior patio area. No adverse effects are
anticipated regarding the parking area because all parking
spaces are located at the rear of the site and will be
substantially blocked from view by the proposed building.
3. Refuse and service areas, with particular reference to the
items in subsection I and 2 above.
The refuse and service area are combined and located in front
of the building at the southeast area of the site. The refuse
pick-up will be by roll-out dumpster. The provision of a
roll-out dumpster was a comprise reached by staff and the
applicant due to safety and visibility problems anticipated
wi th servicing the dumpster in the enclosure where it is
proposed to be located. Therefore, the dumpster will be
stored in an enclosure and rolled to a curbed concrete slab
for pick-up by a city sanitation vehicle (see memorandum #94-
201 from the Director of Public works regarding the location
of the dumpster pick-up area). It was the position of the
Public Works and Planning and Zoning departments that the
refuse and service area be located near the north property
line. However, the present building layout does not offer a
location that will provide the space needed to properly
maneuver a sanitation vehicle to exit the property. In
addition, the applicant requested that the dumpster be located
near the kitchen which is in the front of the residence
building.
4. utilities, with reference to locations, availability, and
compatibility.
with incorporation of utility Department comments, utilities
are available and consistent with city codes.
5. Screening, buffering and landscaping with reference to type,
dimensions, and character.
With incorporation of Planning Department comments, screening
and buffering of adjoining properties will meet code.
3
Palm walk
memorandum #94-234
Page 4
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 most of the parking area is shielded by the
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 ~ecommended 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 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.
8. General compat ibil i ty with adj acent properties, and other
property in the zoning district.
The applicant has designed the proposed buildings to be
compatible in appearance with residential buildings. The
design is compatible with buildings located in other R-3
zoning districts. It is noted that due to the type of
residents that the facility will house, the specialized nature
of the ACLF for alzheimer's and dementia patients, with
specific state required components lends more institutional
appearance to the facility.
9. Height of buildings 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 25 feet (one
story). The maximum height allowed in the R-3 zoning district
is 45 feet. The adjacent residential buildings are one story,
wi th an overall height of approximately 15 feet. It is
recommended that the overall height of the structures proposed
for the site be limited to 20 feet so that they are not out of
scale with the majority of the buildings in the area.
10. Economic effects on adjacent and nearby properties, and the
city as a whole.
The ACLF is 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. utilities, which are to
be abandoned, were extended onto the property, however
construction ceased. Although, the city vested the project
for concurrency and vested the site plan approval, there has
been little interest over the years in completing the project
for townhouse development.
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).
The project conforms to the standards and requirements of the
site plan review ordinance, except that drawings conflict in
some areas and should be corrected on the building permit set
of drawings.
4
Palm walk
memorandum #94-234
Page 5
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.
The use, as proposed, will operate in a manner that is in
compliance with the above-referenced codes and ordinances of
the city of Boynton Beach.
REVIEW OF DEPARTMENT COMMENTS
Below is a list of those departments that have comments regarding
this request.
DEPARTMENT
ATTACHED MEMORANDUM
Public Works
Utilities
Fire
Police
Engineering
Building
Parks & Recreation
Forester/Environmentalist
planning & Zoning
#94-201
#94-253
N/A
N/A
#94-205 & 94-209
#94-178
N/A
#94-258
Memorandum dated 8/3/94
All outstanding
memoranda can be
following approval
commission.
comments identified in the above-referenced
incorporated into the permit set of drawings
by the Planning and Development Board and City
RECOMMENDATION:
As previously mentioned, ACLFs have been construed to be a
permitted use, subject to conditional use approval, in the R-3
district. However, nursing homes have not because they are
considered more of an institutional/commercial use. State law
governs the distinction between ACLFs 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, whereas ACLFs do not.
There is concern that the facility could be converted from an ACLF
to a nursing home and would then not be a permitted use at this
location within the R-3 district. 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 ACLFs in the
city in R-3 districts and they could potentially convert to nursing
homes as well.
s
Palm walk
memorandum #94-234
Page 6
The comprehensive plan analyzes the supply and demand of various
land uses, including ACLFs (a type of group home) and group homes,
but not specialized ACLFs. In general, given the continued
increase in the percentage of the city's, as well as unincorporated
Palm Beach County's population, that is elderly, there is a need
for ACLF beds. Also, with respect to the comprehensive plan, the
Low Density Residential land use category, which pyramids to the
High Density Residential land use category of the property, allows
group homes, rooming and boarding houses, nursing homes and related
health care facilities, provided they are comparable in character
and impact to the density permitted.
Therefore, based on general need and the proposed design components
that have been incorporated into the building and site improvements
to minimize the impact of the use and preserve the residential
surroundings, planning and Zoning Department recommends approval of
this request for conditional use approval. Approval is subject to
the permit plans for the project being amended to show compliance
with staff comments and the applicable City of Boynton Beach Code
of Ordinances.
A:memo94-2J.
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PUBLIC WORKS DEPARTMENT
MEMORANDUM .#94-201
TO: Mike Haag, Zoning & Site Administrator
FROM: Robert Eichorst, Public Works Director
SUBJ: Palm Walk
DATE: August 2, 1994
Having reviewed th.e plan reference to the dumpster enclosure at
this site I am at a loss for words, everything that was previously
discussed gets changed prior to re-submittal.
The position presently shown requires the dumpster to be rolled out
for pickup. At our last meeting a dumpster enclosure was to have
been located in the general area of the spot presently shown as an
area for a rollout dumpster. The dumpster should be in a service
area and not openly exposed in front of the building. If a roll
out dumpster is to be used it should be located north of the
service area, east of the building not to encroach the sidewalk,
driveway or overhang of the building.
This Department is not recommending the use of a rollout dumpster,
however if this becomes the only working solution the owner must
provide and install the wheels at their expense. The pad must be
a minimum of 8' wide by 7' deep with a three sided curb to restrict
the dumpster from rolling.
Eichorst
Works Director
REier
ill
AUG 4 IQQ"
rn
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8
MEMORANDUM
UTILITIES DEPT. NO. 94 - 253
TO:
Tambri J. Heyden, Planning and Z nin
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.
, 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
bc: Peter Mazzella
xc: Skip Milor
File
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~1~) /\ lnl'l 1
PLANNING AND
ZONING OEPT.
~
FROM:
MEMORANDUM
October 3, 1988
Peter L. Cheney, City Manager
Raymond A. Rea, City Attorney
Cedarwood Villas Plat II
(a/k/a Christian Villas Plat II)
TO:
RE:
Attached for your information is a copy of a letter dated
September 27, 1988, from Peter L. Breton, regarding the payment
of recreational fees for the above referenced project. After
reviewing Mr. Breton's letter I am of the opinion that his legal
interpretation is totally accurate and that this city cannot
collect the fees from Barnett Bank or its contract purchaser.
Therefore, I would request that a letter to that effect be
transmitted to Mr. Breton under your signature at your earliest
convenience. ~~Q ,
Raymond A. Rea
City Attorney
RAR/ r
Ene.
13
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-209 (2nd Amendment)
TO:
Tambri J. Heyden
Planning & zoning Director
lw~ltiam ~ukill, P.E.
~ Englneer
FROM:
DATE:
July 28, 1994
PALMWALK/BOYNTON BELVEDERE, PLANNING FILE COUS 94-003
RE:
Attached please find Mr. Finizio' s review comment on subject
amended site plan relating to a $24,0001: fee in lieu of land
dedication which he seemed to feel was due the City. A more
thorough review revealed a memo dated October 3, 1988, authorized
by then City Attorney Raymond Rea stating that the City could not
collect the fees, and asking that then City Manager Cheney write a
letter to that effect to the appropriate party.
You will notice that reference lines are not the same on all memos.
That is because the project was identified at various time by
various names, including Christian Villas Plat II, Cedarwood Villas
Plat II and most recently Palmwalk/Boynton Belvedere.
The bottom line is that the fees seem not to be collectable.
WVH:ck
C:PALMWALK.2AM
xc: Carrie Parker, City Manager
James Cherof, City Attorney
attachments: Vincent Finizio review comments/Memo No. 94-205
Raymond Rea 10/3/88 Memo
rn
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m
PlANNING AND
ONING DEPT.
/~
BUILDING DEPARTMENT
MEMORANDUM NO. 94-178
July 18, 1994
From:
Tambri J. Heyden, Planning & Zoning Director
Don Jaeger, Building Officia~
Al Newbold, Deputy Building ;Qficial
To:
Via:
Re:
TRC COMMENTS - Site Plan - 2nd Review
Palm Walk, a/k/a Boynton Belvedere
The Building Department has reviewed the documents submitted for
second review and have the following comments:
1. Approval from all applicable utility companies for
construction located in easements must be included as
part of the documentation at the time of permit
submittal.
2. Appropriate documentation must be provided to the
Building Department from all state agencies regarding
appropriate approvals at the time of permit submittal.
Contingent upon these comments, we support processing this
project through the P & D Board.
~4f:;;~
Al Newpei: I
.'
AN:mh
Att.
~
!.J.I~ , Q 1994
~rn
A: PALMWALK.TRC
I'f'
ENGINEERING DEPARTMENT MEMORANDUM NO. 94-205
TO:
william Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
Palmwalk - Boynton Belvedere
Planning Department File No. COUS 94-003
(aka Christian villas Plat '2)
I am in receipt of the above referenced plans and herein offer the
following review comments:
1. According to our research, the property owners of Christian
Villas Plat #2, owe the City of Boynton Beach, Florida
$24,157.94 which represents a fee in lieu of land dedication
which remains past due to date. As a condition of approval,
the aforementioned fee should be collected (see attached
Engineering Dept. Memorandum 93-216 dated July 26, 1993).
2. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
VAF/ck
C: PARKWALK. COM
attachments: Engineering Dept. Memorandum dated 4/21/88
Engineering Dept. Memorandum No. 93-216 dated 7/26/93
/0
ENGINEERING DEPARTMENT MEMORANDUM RO. 94-205 (Amended)
TO:
William Hukill, P.E.
City Engineer
FROM:
vincent A. Finizio
Deputy City Engineer
DATE:
July 19, 1994
RE:
Palmwalk - Boynton Belvedere
Planning Department File Ro. COUS 94-003
(aka Christian Villas Plat #2)
I am in receipt of the above referenced plans and herein offer the
following review comment:
1. Along the east property line of Christian Villas Plat #2 there
exists a public rights-of-way identified as Tract A. The
abandonment of Tract A as well as other unnecessary easements
depicted on the plat, should be effectuated by the submission
of a formal application for abandonment by the applicant or
other legal procedures as may be deemed reasonable by the City
Attorney.
L )~
Vincent A.
VAF/ck
C: PARKWALK. COM
/1
RECREATION & PARK MEMORANDUM *94-258
TO: Tambri Heyden, Director
Planning & Zoning Department
FROM:
Kevin J. Hallahan, Forester/Environmentalist ~21 jf
Palm Walk - 2nd Review
RE:
DATE:
July 20, 1994
The applicant has delineated which trees will be removed and the
reasons for removal. These trees will be replaced with new but
different species. The value of replacement trees exceed the value
of trees removed in quantity and desirability. The project should
continue on the normal review process.
KH:ad
~mJl~~':M~rn
/'5'
MEMORANDUM
FROM:
Tambri Heyden
Planning & zoning Director
Michael E. H~f.~
Zoning and Site r/lopment Administrator
August 3, 1994
TO:
DATE:
RE:
site Plan
Review - 2nd Review - conditional Use
New site plan
Palm walk a/k/a Boynton Belvedere
S.W. 19th Avenue and Roma way
Mark Fassy
COUS 94-003
project:
Location:
Agent:
File No:
The following is a list of comments regarding the second review of
the above-referenced project. It should be noted that the comments
are divided into two (2) categories:
The first category is a list of comments that identify unresolved
comments either from the first review or new comments as a result
of the second review. To show compliance with these comments will
not substantially alter the configuration of the site and the
design of the building.
The second category is a list of recommendations I believe will
enhance the aesthetics and function of the project.
All comments and recommendations can be rectified on the plans at
time of permitting if the site plan request is approved. The
applicant must understand that additional comments may be generated
upon review of the documents and working drawings submitted to the
Building Department for permits for the proposed project.
I. SITE PLAN REVIEW COMMENTS:
1. The west side setback indicates that the eventual roof
overhang will encroach the required 20 ft. setback by 2 feet.
Permit set of drawings shall reflect the code required 20 ft.
setback.
2. The list of landscape material and the landscape drawing
contain the following, but not limited to, discrepancies that
shall be corrected:
a. The east access aisle (driveway) to the parking area
requires a continuous landscape barrier between the
access aisle and the adjoining property line. The plans
have been modified from the original submittal and no
longer meet the requirements of the code. Modify the
drawings to show and specify no less than the required
landscape barrier.
b. The north property line adjacent to the vehicle use area
requires a continuous landscape barrier on the
applicant's property. The drawing has been changed in
this area from the first submittal and it is unclear how
the applicant will provide the required screening.
Modify the drawings to show and specify no less than the
required landscape barrier.
/(,
page 2
2nd review
Palm Walk
c. The main access aisle is visible from the west property
line and requires a continuous landscape barrier to
screen the view of the access aisle. Modify the plans to
show and specify the code required landscape material.
d. Add to the landscape plan the code required landscape
screening around three sides of the dumpster enclosure.
e. Provide the material specifications for the plant symbols
Cl, CL, SL, CI. Show the location of all the plant
material identified with the symbols ZF, REI, LS, SN.
Correct the discrepancy between the number of plants
identified on the plant list versus the number of plants
identified on the plan for the symbols CC, GJ, LEG, CU,
RAI, ING. Change one of the two BG plant symbols to show
a distinguishable marking to indicate the difference in
plant specifications.
f. Those items listed as trees on the landscape material
list must meet the height requirement of 8 feet minimum
when planted on site. The height specification for the
trees and palms with the following symbols shall be
amended to specify no less than 8 feet: CN, RE, and PM.
g. The species identified with the following symbols shall
be placed in a separate list identified as ornamental
plants: PRl, CR, ZF, REJ, CC, VOA, GJ, SN.
h. Please add a note to the landscape drawing that indicates
that the location of plant material that interferes with
a structure may be relocated on site at time of
installation of plants.
3. Obtain from and submit to the Building Department a Unity of
Title form combining all lots into one lot.
4. specify on the elevation view drawing the colors of all
exterior materials. The exterior colors and materials shall
match the colors and materials identified on the approved
color elevation view drawings.
5. Modify the roof material to comply with the Community Design
Modern District roof material or be granted an appeal to the
roof design requirement.
6. Along the S. W. 19th Avenue frontage of the property, a
representative sampling of those plant materials called out as
being acceptable to the modern design district as delineated
in Appendix III of Article V - community Design plan must be
shown on the drawings.
7. Revise the civil, architectural and landscape drawings to
eliminate the inconsistencies regarding, but not limited to,
the building setbacks, configuration of dumpster area and type
of entrance canopy.
8. Place a note on the site plan drawings stating that future
expansion shall require subsequent conditional use approval.
9. Revise the building area identified on the site data to be
consistent with the area computed using the dimensions
provided on the plans.
/1
page 3
2nd review
Palm Walk
10. To be consistent with the colored elevation drawings, omit
from the elevation view drawing of the residence building the
wording regarding textured shingle roof and replace with the
wording IIwhite cement tilell.
II. RECOMMENDATION(S):
1. To provide better compatibility with the height and
design of the proposed residential building and the
adjacent residential structures, it is recommended to
reduce the overall height of the residence structure to
a maximum of 20 feet.
2. It is recommended that the site lighting poles not exceed
20 feet in height and that the light levels not exceed
minimum light level standards. 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.
NOTE: If recommendations are approved, incorporate them into the
working drawings required for permits for the project.
MEH/jj
A:2revpalm.wlk
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.oCf-:noN MAP
"PALM WALK" A.C.LJ:. .
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OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
Ms. Tambri Heyden
Planning & Zoning Director
DATE: July 27, 1994
FROM:
Sue Kruse
City Clerk
RE: Conditional Use Application
Palm Walk A.C.L,F.
Attached please find a copy of the Notice of Hearing for the Palm Walk
A.C.L.F. Conditional Use application, which is scheduled to be advertised
in the Boynton Beach News on Thursday, July 28, 1994. Notices to property
owners within 400' are being mailed today.
~~i!<2~-'
SK: slb
attachment
cc: City Manager
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ill
JUL 2 11994
00
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,
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PLANNING AND
ZONING DEPT.
NOTICE OF PUBLIC HEARING
Mark Fassy. owner, has requested the fcllowing parcel to be considered f~r
Condi:.ion:ll Use to expa~1d the existing [,du::'t Congregate Living Facility at
the fol10w~ng l=cation:
Legal
Descrlption:
Lots 9 through 24 and Lots. 42 through 48
inclusive and Tract !l.~" Christian Villas
subdivision Plat F2 Flat Book 40, Page 102.
Palm Beach County, Florida.
Address:
S.~. 19th Avenue & poma Way
O\-lr.e 1- ;
Trio Associates Ltd (Mark Fassy)
Pl-oposed Use:
Build a 48 bed ACLF to Alzheimer/Dementia specifications
A HEARING BEFORE THE PLk~NING AND DEVELOPMENT BOARD WILL BE HELD AT CITY HALL
COHMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON
ALgust 9, 1994, AT 7:00 P.M.
ALSO
.'a. PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION AT CITY H}\=..L
C~MMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON
August 16, 1994, AT 7:00 P.M., OR AS SOON THEREAFTER AS THE AGENDA PERMI~S:
':='1'1 THE .'a.BO'VE REQUEST.
All interested parties are notified to appear at said hearings in perso~ cr
~y attorney and be heard. Any person who decides to appeal any decision of
the Planning and Development Board or city Commission with respect tc any
~atter considered at these meetings will need a record of proceedings, and
fer such purpose, may need to ens~re that a verbatim record of the
proceedings is made, which record includes the testimony and evidence u~on
which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE, C.M.C.
CITY CLERK
PUBLISH: Boynton Beach News
July 28, 1994
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MEMORANDU~l
FF 0:'1; T amb1.- i
r' fijty Clerk
...... ~ Ft'J1?"
Heyden, Planning and Zoning Director
l'T'i-, .
DP.TE:
FE: Conditional Use - Palm Walk (48 Bed ACLF)
s.w.. 19th Avenue and Roma Way
P':"le No. :r94-003
AcccmFanying this memorandum you will find a copy of the
applicatio~, supporti~g documentation and a list of property owners
wi~hin a 400 foet radius of the subject property. A check in the
a~n:::;'_:nt of ;; 1,000.00 to C(1Ver the revie...,' and processin-;r of this
appl~c~tion has been forwarded to the Finance Department.
The sub~ect conditional Use will be discussed in the August 9, 1994
pl;:m::in-;r and D.:!velopment meeting and the August 16, 1994 City
Ccmmissioll meet~~g.
The l~gal advertisement for this request will be forwarded to your
o=flce after review by the City Attorney and city Mana-;rer.
:;ttacllments
xc: ?roje~t File
P.: 'C )V~F.. CD
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. .. _... - _..... _.... _.. _. _.. - _. . - _.. - _.. - _. - _. - _. - _..... - _. - _... - _.... - - _.... _... _"."... - .1.. -1-"". - - _~ _. _... - - - - __.. - _. - - .1.. -. -. -1-"." -.. -. -.....
[TEllS NON-EX-VlIIL NOH EX TlIX EAA/DD DEBT SWA/DD IIAINT LIBRARtv, ' 'OTl'IL CO IIUHICj TAX 'TOTAL TAXES
pr, '~T-SCHOOL ~ ..~OOO "~2.75 .00 53.00 ' ,
PC ~l.T-GENERAL ~ ....000 312.5' .00 108.20 'fO 916.5~ 3~.23 12B8.77
R!I;liUl.l'IR R!I;IIL PROPERTY TA~ ~- ---PAL.H BEliCH COUHTY
on>o, STATE OF flORIDA
NAME OF OWNER, AOD_RES_~.JasCRIPTION OF PROPERTY AND OTHER INFORMATION
OB ~J ~~ J2 12 000 0120 "'00000
FAIIY ~AIlK .l
13ZI' VIA VULCIIHUS . A
DELIlAY REIlCH FL
ACllts
PI" 00't
2-867-~~~'B
08 'IJ ~5 J2 12 000 01JO "-00000
FIlSSY IIIlRK .l
1321' VIII VULCIlIIUS . l'I
DELlll'lY IEIlCH I'L
p 'C oo~
ACUS
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FIlISY "IlU .l
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"ASSY IIIIIlK .l
1321' VIII VULCIINUS . II
DELRAY lEACH I'L
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CHRISTIAH VILLAS PL 2
LT 12
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CHRISTIl'IN VILLAS PL. 2
loT 13
SALE YR'2 ORI 73'2 P 1203
33~1'I
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CHRISTIAN VIL.L.AS PL. 2
LT 1~
SAL.E YR'2 ORI 73'2 P 1203
33..B..
.07
CHRISTIAN VILLAS PL 2
LT 15
Sl'ILE TR'2 ORB 73'2 P 1203
33.....
.07
VALUES
AMOUNT
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~CH Vl'IL.1
:11";' l'IND
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TOTAl ~AX[S
-wTGllLIIR REIIL I'lIlal'UTY TIIX llaLI.
onlV' STATE OF FLORIDA
NAME OF OWNER, ADOlljS!.,-lfB-CR!.ffi2-N OF PROPERTY AND OTHER INFORMA.llilli-_~~VAfTTJ"S _TAXES
01 ~3 ~5 32 . c 000 0200 "'00000 CHIlISTtAN VILLAS I'L 2 ~~:, AH:~OUN1:-~'.O'~~"'--~ -~~~,~
rAI.Y "AIlK J LT 20 H~UILDGSI '0.56
131" VIA VULCIIHUS . A SALE YR'2 ORI 73'2 P 1203 O~OTAL '000
DELIlIIY lEACH rL
~rqnL~~ ~r~l ,~opr~TY T~)( ~OLl
P~l" .'
· COUNTY
,." ,'," S TAT E 0 F FL 0 RID A
NAME OF OWNER, ADDRESS. DESCRH
N OF PROPERTY AIiD OTH1~ IN:F_O_RM~rON
. VAlUES
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'call
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?'-867'UI-5
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'AISY "1I1lK J
1321' VIA VULCIIHUS . A
DELIlAY IEIICH rL
IICIlES
CHRISTIAN VILLA~ PL 2
L T 17
SALE YR 92 O~I 73'2 P \203
~'II'-AHD
DHMUILDGSI
: O~OTAL
,
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SCH VAL,
p,C
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33'11'1
.07
2-867-'i75-8
08 ~J ~5 J2 12 000 0180 99-00000
'ASSY MilK J
'32" VIA VULCAHUS . A
DELIlAY lEACH n
ACRES
CHRISTIAN VILllIS Pl 2
l T \ I
SALE YR'2 ORB 73'2 P 1203
""'LAHD
~H~UILDGSI
~Oo(TOTAl
P'C 00'i
33'i8'1
.06
CO.
liEH VALl
~CH VALl
2 - 86 7 . ~ 8 1 - 2
08 ~J ~~ 32 :2 000 0190 9'-00000
FASSY HAIl~ I
'3219 VIA VUlCAHUS . A
DElIlAY BEliCH Fl
~'I~' AHD
H UIlDGSI
o OTAl
CHRISTIAN VILLAS Pl 2
l T 19
SALE YR'2 ORI 73'2 P 1203
p,C
00'i
33'i8'i
.06
~oBi
ACRES
2-867-'i87-'
k;EH VAL
5CH VAL
PG-TOT-SCHOOl
PG-TOT-GENERAL
ITEHS
~
'i
.00
HOH-EX-VAl
nooo
nooo
14014 EX TAX
362.2'i
255.76
EAA'OO DEBT SWA'DD HAINT
.00 .00
.00 \08.20
LIBRIIIl1Y
I'AL" IEIICH-CUUKT~-
p,C
00'i
33'11'1
.06
~O~
~EH
~CH
VALl
VALl
IICIIlU
2-867'~'3'6
i
OB ~3 'i5 3c 12 000 0210 "-00000 CHRISTIAN VILLAS Pl 2 r~AHD
r ASlY "AIlK J LT 21 DH UIlDGSI
1321' VIA VULCAHUS II A SALE YR '2 ORI 7392 P '203 XO OTAL
DELIlAY lEACH 'l
~'c 00'i 33'11'1 ~O~
IICIlU .06
~EN VlIl,
2-'67'~''.l'5 : CH VAll
Q8 ") "5 JZ 12 000 0220 "'00000 CHRISTIAN VIlLIIS Pl 2 1"'i~"HD
'AI.... HAliK J IT 22 ~H UIlDGSI
\311' VIA VUlCAHUI . II SALE YR '2 Oil. 7392 ~ 1203 OOlTOTAl
DlLllAY lEACH 'l
p.n. OO~ 33'11"
"CIIES .06 CO~
iGEN VAL
2'167,505,) lICH VAL
TOTAL CO
726.20
YU~ U PAc:r NO. ,~, 3C
T,AX~S
MII~"OI
fT"
'<mrt"
1. I Il'lCJiGEH TAlC
10.06301SCH TAil
13.'"
'0. "
9000
n.05 "'AIHT
I. 'I5t3l"UH
27.05
76. I ~
'000
toOO
TOTAL
7.10'l*E" T"lC
\ O. 0630iScH TAlC
2'57.69
63.''i
90.56
'000
9000
'000
27.05 "'AINT
.. ""JI'lUH
76. , 'i
27.05
'000
TOTAL
7.IO'l0~EH TAlC
'O.063~CH TAX
63.''i
'0.56
257.6~
'000
9000
27.05 "AINT
,
8.'I5'=+UH
76. , ~
27.05
'00e.
,TOT Al
7. 10"oiGEH TAlC
10.063ojsCH TA~
63.''i
'30.56
257.6'3
'000
'000
27.05 /,AIHT
8. 'I593~UH
76. ,"
27.05
TOTAL
257.6'
HUH I CI TAX
30/+.56
'TOTAL TAXES
1030.76
YEIIIIl '3
I'AGElfCI.
-'7'ff3TI
7. 'O..ojc;EH TAlC
'O.063O!'CH TllllC
'000
'000
27.05 ~IIINT
I. 'I"JjHUN
76.1 ~
27.05
'000
TOTAL
7. 10'lolGEN TAlC
10.063D\SCH TAlC
257.6'3
63.9~
90.56
'000
'000
27.05 "AIHT
!. 'I"3~UN
76. , ~
Z7.05
'000
1T0TAl
7. \ O"O~EH Till(
, O. OUD!lCH TAl(
Z57. "
63.''i
'0.56
'000
'000
27.05 "AIHT
.. 'l"J/'lUN
Z7.05
76. l'i
TOTAL
2"5' !if)
"\, 1111 "fIlii'"
\'.. 1" I III "1111'1\
11111.
~
~
"0" tlt Ult
Ut.'"
"', ."
110'" tlt. 'fllt~
~,,~O
". lOll
11lt1lt'DD 0'" 'WIlt'~D !l1It1"'
,00 all
,1111 '11.,1'"
I I.........
""
'0"\\ CD
." '11
O' .:u' S TAT E 0 F F LOR IDA -wRUt:ll1nfUlL -nun"T'rTI'ir---nl:r-' -u-----nrr.....nCR-clMlT'r
NAME OF OWNER, ADClREss.~lsenPTlQl\! .QFP~r~~~~~~NF~~~A~-':--=--t~-'m~A~.~~UN'
08 ~3 ~~ 32 :~ 000 0200 "'00000 CHRISTIAN VILLAS PL 2 ~' 'IIlAND
I"AIIY "IItRK J L T 20 H""UILDGSI
132" VIA VULCANUS . A SALE VR 92 OR8 7392 P '203 O~OTAL '000
DELIlAY lEACH I"L
p/c
oo~
ACIlES
2-867-~93'6
08 ~3 ~~ 3c '2 000 0210 '9-00000
I"ASSY "ARK J
1328' VJA VULCANUS . A
DELRAY lEACH I"L
~/c
oo~
ACRES
2-867-~9'-~
08 ~3 ~~ 32 12 000 0220 "'00000
I"AIIY "ARK J
131" VIA VULCAIIUS . A
DELilA V lEACH FL
p/c
oo~
ACRES
2-867-~0~-3
08 ~3 ~~ 32 ~2 000 0230 99-00000
FASSV "ARK J
13289 VIA VULCAIIUS . A
DELRAV lEACH FL
ACRES
P/C
oo~
2-867-~1' -8
33'18'1
.06
CHRISTIAN VILLAS PL 2
LT 21
SALE VR 92 ORI 7392 P 1203
33'18'1
.06
CHRISTIAN VILLAS PL 2
LT 22
SALE VR 92 ORI 7392 P 1203
33'18~
.06
CHRISTIAN VILLAS PL 2
L T 23
SALE VR 92 OR8 7392 P \203
33'18'1
.06
~O~
,
!GEN VAL,
iSCH VALl
"'IllAND
IDHMUILDGSI
rxO~OTAL
~Oa:
bE" VAL,
~CH VALl
~ ''1*' AND '
H UILDGsl
DOTAL '
,
~oa:
ic;EN VAL'
5CH VALl
~'I~AND
H UILDGSi
I DOTAL
fO~
, FEN VAL
iSCH VAL'
!lUIIIC 'All
I II I 11\ I lit
~~ "
'IlHl
vnrrr-p-!l"C[" lI'D. ,~
f"AUS
: ~'~~E..'~~ ~__'!~~ . 'G~lIrt"
7.10'l~[1I TA~ '3,
10.Ol3QSCH TA~ '0,
27.05 "AINT
8.'I5'JIotU"
27,
76.
'000
'000
'TOTAL
7, I O'lOlGEN TA~
9000 10.013,CH TAM
27.05 "AIIIT
'000 r. 'I"~UN
'000
'TOTAL
7.'0'l;EN TAX
10.063 CH TAX
9000
I
, 27.05 r,AINT
'000 8.'I5'3~UN
'000
I
!TOTAL
7. , O'lObEN TAX
'000 10.0nojsCH TAX
27.05 "AINT
9000 8. 'I"3~UN
9000
TOTAL
257.
63.
90.
27.
76.
2~7.
63.
90.
27.
76.
257.
63.
90.
27.
76.
2~7.
. - - - - - - - . - - - - - - . - - - - - - - - - - --. . . - - -- -- - -- - -- -- -- - -- - - - - - - - . - - - - - - . . - - - - - - - -- - - - - - - - - -l~ - -!--. - - - -~ - . - -- - . -- of- -- -- -- -,- - - - - - -- - - - - . - - -
ITE"S NOII-EX-VAL liD" EX TAX EAA/DD DEIT SWA/DD "AI"T LIIRAR~' , TOTAL CO "U"I~ TAX TOTAL TAX
PG-TOI'SCHOOL 'I 36000 312.2'1 .00 .00 I '
PG' TOT - GEIIERAL 'I 36000 255.76 .00 108.20 ' .100 726.20' 30/1.56 '030.
.
co>", S T J.\ T E 0 F F LOR IDA IIrCUI:""10l "ItO"EIlT'i' TJlll ULL "/ltLH IElleH -COUNTY
NAME OF OWNER, ADDRESS. DESC"IPTlON 0' PROPERTY ANP OTH.lJ! IffF,O.lMM[OJ.l' ~L.!Jll
t~ 'RLr ~ AMouNt
~'I,lAND
I~H"IIUILDGSI
ORI 73'2 P 1103 ~O~OTAL
01 oJ ~, 32 12 000 01'10 "'00000
I"AIIV "ARK J
IJII' VIA VULCA"US . A
DELRAV lEACH I"L
~'c
000
ACRU
2'867-,,7'7
CHIlISTIAN VILLAS PL 2
L T 2'1
SALE VR tz
33'11'1
.01
08 ~J ~, 32 12 000 02'0 TEIlTZAKIAN VAIlTKISS & ALICE CHRISTIAN VILLAS PL 2
105 COU"TIlV CIR LT 25
COLUIIIUI IIJ SALE VR 81 OR8 3'l80 P' 256
01022
P/(
or),.
A(.r~
O~
'CDS
GEN VAL,
SCH VIIL
II'IILAND
iDHAlIUILDGS,
XOOlTOTAL
COR
219
.2115
VEn'~ "-~E NO. 7~,:
,l!J(~$
,,"
MlU&GI
"Wit"
'000
t
7. 'O'lolc;E" Till<
, O. OUOiSCH TAX
63, !
90 . ~
27.05 ."AINT
1.'I5SJ"UN
27. (
76. '
'000
'000
TQTIIL
7.10'lOlGEN TAl(
'O.OUOISCH TAl(
2'7, I
JOO. '
'115. '
27,0' I'IAI"'T
2' ,
"" /" S TAT E 0 F Fl 0 RID A ~lG!!L.~ ~Ul "~O"UTV H,ll 1101.1. ""1." It COUNTY
NAME OF OWNER. AOOUSS. OnCRIP\ 4 0' P~QURJ_~A"~~~n~N'O~~~_-=-~-:". iRLrrn~"OUH'-=-'''"''1!~2~XES
o. ~3 ~, 32 '2 000 0~20 "'00000 CHRISTI~N VILL~S ,1. 2 ~~~HD
'~"Y "ARK J LT ~e H UILDG~
131" VIA VULCAHUI . ~ S~LE VR'2 Dill 73'2 , 1203 0 OT~L II '000
DELIlIIY lEACH ,1.
p,C 00.. IlCIllS . ~~~I~ rO~EH VilLI) '000 I :~~::;~~HT
2""""" I CH VAL '000
I
~~~~~~DGSi
ORa 7312 "203 PCOCfOT~L !
; I .
n~: ::t,
~,lll"D I
HIljIUILDG51
ORa 13'2 P' 203 OjOTIlL ,
O~" J
CHRISTIAN VILLAS PI. 2 ~~$~ND'
.0 .. . ::':::1
SAI.E VR'2 OR. 7392 P '203 DOTAl.
n..... I I
.'0 oal I
II' ~E" VALli
ICN VAl.
0' '13 .., 32 \2 000 0..30 "-00000
'AISY "~RK J
'321' VIA VULCIl"US . A
;lURIlV IEIlCH ,1.
p 'C
00..
IlCIlES
2'167-62' .,
08 '13 '15 32 '2 000 0....0 "-00000
'AISV "IlRK J
'321' VI~ VULCIl"US . A
DELRIlV IEIlCH n
p,c
00..
ACRES
2'867.627'0
08 ..3 '15 32 12 O~O 0..50 '9-00000
fllSSV "ARK J
'321' VIII VULCIlNUS . A
DEI.RIlY IEIlCH fL
P'C
00'1
ACRES
2'867,633-5
CHRISTIAN VII.LAS 'L 2
LT ~3
SALE VR 92
n~l~
.10
CHRISTIAN VII.LIlS PL 2
LT ~~
SALE YR '2
33'11"
. '0
i
......._...__...._.._......__._.______________________-.---.-----.----..---. ---.----.---[------.l--..-----
IT[ IS HOH-EX-VAL HD" EX lllX EAAIDD DEll SWAIDD HAIHT LIIRA \ TDTIlL CO
. fG-TOT-SCHOOI. 'l 3'000 362.2'1 .00 .00
'0-< OHm", · "000 '" . O. .00 ...." r i...."
'~L" lEACH COUNTY
0' "',' S TAT E 0 F Fl OR'i'OA-u REGULIlR IlEIlI. 'R'll'n'RlV TAX 1101.1.
NAME OF OWNER, ADOlftS-=:o.UC:'RTP1lQ.N OF PROPERTY AND OTHER
a.MOUMt
YrA~ U
"iller NO.
7'5,31 I
7. , O~*EH TAll
,0.0IJDjlCH Tllll
'~Utrr
U.,~
'0. "
27.0'S
76.1'1
ITOUIL
7. , O~~EN TAlC
'O.OU~CH TA~
257."
n.''I
'0.'6
'000
'000
'000
27.05 "1lIHT
I. ~"+U"
76. PI
27. D'S
'000
:
~OT~L
i
7.'0'l0IGEN T~~
,0.onorCH TA~
21.0'S ~IlINT :
1''I'S'3rUN
'6.'" .
257.61
63.''1
'0.56
27.05
'000
'000
'000
::A~A I
CH T~~
AINT I
UN i
I
I
257.69 .
257.6'
63.''1 .
'0.56 ,
27.05
76. ''I
'000
'000
i
~OTAL
-------\~.-----I.--..-_.._--~
~UNIC TAX TOTIlI. TAXES.
30r.56 1030.76
I
----y-rg-'3 'AGE NO. 1m
~~-~~~~, ~::
EM T~~ 63.'"
CH T~~ '0.56
"",\,,"0.1
7.10'1
'0.013
'000
'000
'000
27. D'S ~AINT
I.~"~UH
76. ,..
27.05
I
I
I
'000 !
~DTAL
7.IO'l0~E" T~~
,0.onarCH TA~
I
I
27.0'S rAINT
.. 'I"~UN
I
~DT~L I
I ; .
: 7. 10'1 EN TA
! 10.013 CH TA1
I I '
27. O'S ~Al"T :
. . ~"~UN '
I
76, 1 ~
2n.n
63. ,..
'0. "
l!7.05
76.' ..
'000
'000
257.61
63. ''I
'0.56
'000
l!7,05
'000
'000
lOlAL
2~ 1 5q
,.
#
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the office of the city Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGHV\TING DEPARTHENT: Planninq and Zoninq Department
PREPARED BY: Tambri J. Heyden DATE PREPARED: Julv 11. 1994
BRIEF DESCRIPTION OF NOTICE OR AD: Condi tional Use for
Palm Walk (48 bed ACLU) - Auqust 9. 1994 Planninq and
Development Meetinq and Auqust 16. 1994 city Commission Meetinq.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
standard Leqal Ad
SEND COPIES OF AD TO: Newspaper. Property owners within a 400
foot radius of the sub;ect property and applicant.
NEWSPAPER{S) TO PUBLISH: To be determined by City Clerk
DA~E(S) TO BE PUBLISHED: To be determined by City Clerk
APPROVE~Y: ...
(1) -i:';:!;::::l~ I~~
( 2 )
(Ci ty }':..ttorney)
(Date)
( 3 )
~ Ci ty l"!anager)
(Date)
RECEIVED BY CITY CLERK:
COHPLETED:
l\.: PUBL I SH. eu a: palr:nvalk .l~ub
NOTICE OF PUBLIC HEARING
Mark Fassy, owner, has requested the following parcel to be considered for
Conditional Use to expand the existing Adult Congregate Living Facility at
the following location:
Legal
Description:
Lots 9 through 24 and Lots 42 through 48
inclus i ve and Tract ".ll." Christian viII as
Subdivision Plat #2 Plat Book 40, Page 102,
Palm Beach County, Florida.
Address:
S.W. 19th Avenue & Roma Way
Owner:
Trio Associates Ltd (Mark Fassy)
Proposed Use:
Build a 48 bed ACLU to Alzheimer/Dementia specifications
^ HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD AT CITY HALL
COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON
J\ugust 9, 1994, AT 7:00 P.t-!.
ALSO
A PUBLIC HEARING IS SCHEDULED BEFORE THE CITY COMMISSION AT CITY HALL
COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON
August 16, 1994, AT 7:00 P.M., OR AS SOON THEREAFTER AS THE AGENDA PERMITS,
ON THE ABOVE REQUEST.
All interested parties are notified to appear at said hearings in person or
by attorney and be heard. Any person who decides to appeal any decision of
the Planning and Development Board or city Commission with respect to any
matter considered at these meetings will need a record of proceedings, and
for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
A:COND-USE.AD
a:palmwalk.ad
GDVERNME1\TAL CEl\TER - FIFTH FLOOR
301 NORTIi OUVE AVENUE
WEST PALM BEACH, FLoRIDA 331m
TEL: (107) 355-2866 FAX: (107) 355-3963
GARY R. NIKOUTS, CF A
P AIM BEACH CoUNTY
PROPERTY APPRAISER
FROM:
PALM BEACH COUNTY PROPERTY APPRAISER, CUSTOMER SUPPORT
DATE: 3-7-94
SUBJECT: MEMORANDUM BILLING
LISTED BELOW ARE CHARGES FOR DATA PROCESSING SERVICES FOR
MARK J. FASSY
PHONE #
499-~042
$ 40/HR.
$ . 58/PER $19.33
107 .53
1.426 $1.44
MAP $3.00
TOTAL $24.30
APPLICATIONS/DEV. SERVICES
COMPUTER TIME
CPU SECS
* OTHER CHARGES (LABELS) $4.95 PER THOUSAND
* $ 1.01 PER THOUSAND PRINT LINES
TAPE INPUT/OUTPUT $3.39 PER THOUSAND
USER: PALM BEACH COUNTY PROPERTY APPRAISER
TO BE INCLUDED IN BILL FOR
MARCH
I CERTIFY THAT I HAVE EXAMINED AND CALCULATED THE MEMORANDUM BILLING ON A BY
LINE BASIS AND ALL ITEMS ON THE ANALYSIS ARE TO THE BEST OF MY KNOWLEDGE TO
BE TRUE AND CORRECT FOR SUCH BILLINGS AT THE APPROVED RATES.
SIGNED (' i01-\CQ 2~hJtIf)
DATE
3-7-94
GLADFS AREA OFFICE
2976 STATE ROAD 15
BF.LLE GLADE, FL 33430
TF.L: (407) 996-4890
FAX: (407) 996-1661
NORTH COUNTY OFF1CE
3188 PGA BLVD.
PAlM BEACH CAROms, FL 33410
TF..L: (407) 624-6522
FAX: (407) 775-5617
ROYAL PAIM BEACH OFFICE
1030 ROYAL PAlM BEAC H BLVD.
ROYAL PAlM BEACH, FL 33411
TEL: (407) 798-1199
FAX: (407) 795-2389
SOUTH COUNTY OFF1CE
501 S. CONGRESS AVE.
DELRAY BEACH, FL 33445
TEL: (407) 276-1250
FAX: (407) 276-1278
-
GoVER..\~{I:\'TAL CEN.rn - FI;TH FLooR
301 NORTIl DUVE AVB\1JE
WEST PALM BEACH. FLoRIDA 33401
m: (1'()7) 355-2866 FAX: (407) 355-3963
GARY IL NmoLITS, CFA
PAlM BEACH CoL'NTY
PROPERTY A.PPRAlSER
M E M 0 RAN DUM
To whom it may concern:
This is to advise That, due to a change in legislation, the
non-ad valorem assessments will not appear on the 1993 tax roll
records of the Property Appraiser's office. The final tax bills
may contain non-ad valorem assessments such as roads, fire,
garbage, lighting, drainage, water, sewer, or other non-ad valorem
special assessments which may be levied by the county, city or any
special district. The Property Appraiser's records will only have
the ad valorem assessments. The complete extended 1993 tax roll,
with both the ad valorem and non-ad valorem tax information can be
obtained from the Tax Collector's office by contacting.
Honorable John K. Clark, Tax Collector
Attention: Richard Ward, Chief Deputy
P.O. Box L
West Palm Beach, FI 33402
(407) 355-2805
We appreciate your cooperation during the implementation of the
law and apologize for any inconvenience or confusion this may have
caused.
Our staff, as always, will assist you with appraisal and
exemption information questions. Call us at (407) 355-2866.
To place orders for the as valorem tax roll on magnetic tape,
micro fiche and computer runs, call James o. Hilliard, Director
Real Estate ~. Facilities at (407) 355-2859, or Clarice P. Peterkin
at (407) 355~2358.
For our records, we would appreciate your signing the attached
acknowledgment receipt.
If
GLADES AREA OFFICE
2976 SUTE ROAD 15
EEllL GLADE. FL 33430
'ill.: (407) 996-4890
_J:n-14D71 qQ.fr 166J
.
NORTH COUNTY OFFICE
3188 PGA BLVD.
PALM BF.AOI GARDENS, FL 33410
TE1..: 1407} 624-6522
_.Eu.,._L4!l71 77,,-,,1\17
ROY AI.. PAlM BEACH OFFICE .
1030 ROYAL PALM Br.Acu BLVD.
ROYAL PALM BF.AOI. FL 33411
TE1..: 1407/798-1199
hx: /407\ 7q;;-2:lRlL_____
SOlITH COUNTY OffiCE
501 S. CoNGRfSS A vr.
DI:'1.RAY BF.AOI, FL 33445
TE1..: (407) 276-1250
E..u.,J4ffi'L n 1\-1"7R
..
r-
MINUTES - REGULAR CIT~ ~~ISSION MEETING
BOYNTON BEACH. FLORIDA
-...
AUGUST 16. 1994
Motion
Vice Mayor Matson moved to approve the Consent Agenda as corrected, including
the bill which was added in the amount of $9,585.30 for Josias & Goren. Mayor
Pro Tern Bradley seconded the motion, which carried 5-0.
IV. ANNOUNCEMENTS & PRESENTATIONS
A. Announcements
1. First City Commission Meeting in September will be Friday,
September 9, 1994, at 6:30 P.M.
Mayor Hannening made this announcement.
2. Code Revision WOrkshop Meeting .'September 12. 1994 . 6:0~ P.M.
Mayor Hannening made this announcement.
3. First Budget Public Hearing for FY 94/95 . September 13. 1994 -
6:00 P.M.
Mayor Hannening made this announcement.
At this point in the meeting, Mayor Hannening acknowledged the presence of the
Chair of the Board of County Commissioners, Mary McCarty, in the audience.
B. Presentations
None.
v. BIDS
None.
VI. PUBLIC HEARING
----
Ct9LU' 9f..(f)I!JJ
Pal. Walk a/k/. Boynton 8Ilvtdere
Trio Associates Ltd.
Mark Fassy
North side of SW 19th Avenue, approximately 351
feet east of Congress Avenue
CONDITIONAL USE: Request for conditional use
approval to construct a 17,042 square foot, 48
bed adult congregate living facility (ACLF) on
a 1.955 acre site.
Tambri Heyden, Planning and Zoning Director, stated that this is a request for
conditional use approval for a 48 bed adult congregate living facility (ACLF)
specializing in Alzheimer's and dementia patients with limited nursing care.
A. Project Name:
Owner:
Agent:
Location:
Description:
- 8 -
NURS ING HO~...ES
----------'Pr r-rrt--K<1y---erntp'u t
5'38381 V22ZMO 9Z0925
,', ....,-,.,..,.........., ,'.
. .-..., ...,'
::'- ' : ".:::,,:.:;<::::;,:::-:-:.:::..::-:::-.::...-...,."
BOYNtbN......................<.........
Page 1
08/'04",/'94 16: 45: 01
.- D i s-p l-d.-'~.r -re~.'! i.:: ~---;.--~
LiL':::'
P ,b., TTYM
Us ;~r
8/04/94
o C C Ij P A
T I
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MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
SEPTEMBER 13, 1994
1. Palm Wllk COnditional Us. - This ACLF was approved subject to staff
comments and with two additional remarks. The City Commission requested
gates on the dumpster. However. there will be no dumpster. There will
be can pickup with a dumpster enclosure. The height reduction, which was
recommended by staff. was not approved.
2. Palm Walk - Community Des1gn Plan Appeal - This item was approved
and the City Commission endorsed the Planning & Development Board's
opinion.
3. V1n1ngs - Except10n to Platting - This item was approved as sub-
mitted.
Ms. Heyden asked for input from the Board on her new practice of mailing inform-
ation packages when Board members are on vacation. Messrs. Golden and Walsh
felt this was a very good idea. ChainnanLehnertz reconmended that members
advise the Planning and Zoning Department, as well as the City Clerkls Office,
when they will be on vacation so that staff knows whether or not to mail the
packets.
OLD BUSINESS
None
NEW BUSINESS
A. PUBLIC HEARING
ABANDONMENT
The V1ntngs at Boynton Beach
Cel Consultants, Inc.
Howard Scharlin, Trustee
East side of SW 8th Street, approximately
1,400 feet north of Woolbright Road
Request for abandonment of a 20' wide drainage
easement located near the southwest corner of
the property.
Mr. Haag made the presentation. A locator map was used to display the area
which is located 1n the Woolbright Place PUD. This w1ll be an apartment complex
consisting of 548 un1ts. The drainage easement 1s approximately 203' long and
20' wide.
1. Project Name:
Agent:
OWner:
location:
Description:
This drainage easement was created when Home Depot, located in the Shoppes of
WOOlbright PCD, was established. The drainage fram that project works its way
onto this project. The stonmwater is ultimately discharged into a lake. When
the site is developed, there will be buildings in the location of the easement.
,The applicant will reroute the drainage so that it will connect into the
existing infrastructure located under SW 8th Street.
...-
s and the Planning and Zoning Departments are in favor of
this for aba donment. One condition, recommended by staff, requests
\ ~. -, n ,dopting t~e abandonment of the drainage easement not be
_~,gned by the Ci y Commission until after the infrastructure is in place and
,:wort~ t",,,rtthe drainage off ttfe property. The CHy Engineer is in
agreement with this condition. The applicant has agreed with the stipulation.
? -
MINUTES - REGULAR CITY ~_ ~ISSION MEETING
BOYNTON BEACH, FLORIDA
AUGUST 16, 1994
The proposed ACLF is located on the north side of S. W. 19th Avenue, approxi-
mately 351 feet east of Congress Avenue, and is zoned R-3. The R-3 zoning
district penmits rooming and boarding homes, subject to conditional use approv-
al. It has been detenmined that adult congregate living facilities are a type
of rooming and boarding house.
The facility consists of 4,536 square feet of administration building, and the
residential building where the beds are located will be approximately 13,000
square feet. Both buildings are connected with a canvas canopy and the drive-
through entrance canopy is proposed east of the administration building. A
canvas covered gazebo is planned on the west property line.
With regard to surrounding land uses and zoning, to the north (zoned C-3) is the
Woolbright Professional Building; to the east is Leisurevi11e (zoned
R-1-AA/PUO); to the south is also Leisurevi11e,.and to the west is Cedarw09d
Villas. -
There are a number of standards that have to be evaluated for conditional use!~~
The Board and the Commission have to consider the effect of the use on the ...~~
general health, safety and welfare of the community and certify that satisfac-
tory provision has been made regarding those standards.
Ms. Heyden stated that the property has only one ingress/egress on S. W. 19th
Street. The parking area is in the rear. The service area and the fonnal
entrance is on the east side of the property. A loading area is provided in
front of the building between the existing City lift station and the front of
the building.
The refuse area was a major concern in review of this project and many changes
have taken place in the last two to three weeks. The refuse and service area
were combined and located in front of the building. The latest proposal was a
roll-out dumpster. This was a compromise reached by staff and the applicant
based on problems with safety and visibility and due to the arrangement of the
site, which did not allow adequate maneuvering of a dumpster. Staff had origi-
nally wanted the dumpster in the rear of the property where it would most likely
have been screened. However, the applicant preferred the dumpster in the front
of the property because the kitchen facilities are located in front of the
building. The Utilities Department had a problem with a roll-out dumpster
because of the proximity of the roll-out to the 11ft station. Also, the roll-
out dumpster requires a curb around it and because of the close proximity of the
lift station with the dumpster, it was felt it was a tripping hazard for person-
nel trying to access the 11ft station. In addition, while they had compromised
with a roll-out dumpster, it is the Public Works Department's position that
roll-out dumpsters are problematic because you have to rely on the property
owner or manager to rollout the dumpster and roll it back, and it has always
been a last resort to solve the dumpster problem.
Staff is now recommending that rather than provide a dumpster, a dumpster enclo-
sure be provided and house trash cans for can pickup. It is proposed that a
residential truck, which will have more than one driver on it, pick up the gar-
- 9 -
~r
MINUTES . REGULAR CIT~ COMMISSION MEETING
BOYNTON BEACH, FLORI
\
~
AUGUST 16, 1994
,
,
~
bage. Since there is more than one driver on the truck, the truck can safely
back in and out of the site. This will be charged at the commercial rate and
based on a four yard, twice a week pickup. This has been discussed with the
applicant this evening over the telephone and he agreed to it.
Mayor Harmening asked if Public Works has agreed with this. Ms. Heyden answered
affinmatively and added that it was primarily their idea.
Commissioner Aguila wondered how much trash would be generated by the kitchen
and how smelly and dirty the area will be. Ms. Heyden did not think it would
smell any worse or be any dirtier than a dumpster. She advised that Robert
Eichorst, the Public Works Director, is aware of the quantity of garbage that
would be generated by this facility and feels that four yards twice a week would
be adequate.
Commissioner Aguila asked if the Health Deparbnent needs to have any input-on
the dumpster issue. Ms. Heyden advised that the Health Department requires the
facility to have a can wash. -.-
-~
. ~-
With regard to the exterior lighting in the parking lot, it was recommended that
the site lighting poles not exceed twenty feet in height and that the light
levels not exceed the City standards so as to maintain the residential character
of the area. It was also recommended that those lights be directed away from
the residential buildings to the south, west, and east.
Regarding general compatibility, the applicant has designed a building that is
compatible in appearance with the residential buildings in the area. However,
Ms. Heyden pointed out that due to this type of facility, the specialized nature
of this facility, and state requirements, it lends a more institutional appear-
ance to the building.
Staff also recommended that the overall height of the building be reduced to
twenty feet, primarily based on the existing height of the buildings in the
area, which are fifteen feet.
Ms. Heyden stated that there is a general need for this type of facility and the
design components have been incorporated in such a way as to minimize the impact
of the use. Therefore, the Planning and Zoning Department recommends approval
of this request, subject to staff comments. If the Commission so desires, the
Public Works Department memorandum can be deleted in exchange for the can pickup
concept.
Ms. Heyden advised that the Planning and Development Board recommended approval
of this project, except for the height reduction recommended by the Planning and
Zoning Department. Commissioner Aguila agreed with the Planning and Development
Board regarding not reducing the height of the building. He felt lowering the
building would create a disproportionate change in the building and it will not
look as nice. He did not think it would impact the residential whether this
building is twenty or twenty-five feet.
- 10 -
MINUTES - REGULAR CITY t_,AISSION MEETING
BOYNTON BEACH. FLORIDA
AUGUST 16. 1994
In response to Commissioner Aguila, Ms. Heyden advised that the height of the
dumpster enclosure is six feet. The entrance wall is four feet because it is
within the setbacks. In addition, the dumpster enclosure will be properly
gated.
8111 Lynch, 1912 S. W. 16th Avenue, President of the Boynton Leisureville
Community Association, stated that on August a, 1994, a meeting was held with
the Board of Directors, the developer, and fifty or better residents who live in
the area where this ACLF will be erected. At the end of this meeting, he asked
for a show of hands for those who approve of having this development next to
Leisureville, and approval was almost unanimous. He respectfully requested the
City Commission to give their approval to this project.
No one else wishing to speak in favor of or against this proposed conditional
use, Mayor Hanmening declared the public hearing.closed.
Motion
--.-...
Commissioner Aguila moved approval of this conditional use, subject to staff
comments, exclusive of the reduction of height of the building from twenty-five
to twenty feet. Vice Mayor Matson seconded the motion, which carried 5-0.
----
VII. PUBLIC AUDIENCE
...- ~-_..
Rhoda Friedman, 10093 Hickorywood Place, has been a member of the Boynton Beach
Municipal Golf Course since its inception. She objected to Joe Sciortino's pro-
posal to alter the golf course into a daily fee course. She does not understand
why a golf course that is financially successful should be changed when most
Palm Beach courses, both private and public, are seeking new memberships to
sustain themselves. Eight hundred plus members have been paying $700 plus up
front which brings in over $600,000 at the beginning of each season. Daily
players do not usually play the same course three times a week, as most of the
members do. She appealed to the City Commission to hold an open meeting so that
the members can express their point of view before making a final decision.
Joe Friedman, 10093 Hickorywood Place, has also been a member of the Boynton
Beach Municipal Golf Course since its inception. He wondered how the Commission
is able to make this change when the agreement the City has with the County
states that the agreement shall be null and void if the City violates any cove-
nant or provision of the agreement. Mr. Friedman stated that by changing this
from a membership course to a daily user course, the C1ty will be v10lating this
agreement.
Mayor Hanmening stated that the proper forum for this discussion is probably at
the public hearing on the budget, not tonight. Mr. Friedman felt that it might
be too late to discuss it at the public hearing on the budget because it will
throw the budget haywire.
James William Lawler, fonmerly of High Point, now lives in the County and is one
of the original people who got the land from the County and helped get this golf
- 11 -
MINUTES - PLANNING AND ~-'ELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 9, 1994
3. Barnett Bank - The Board had a great deal of discussion about the
"no right turn" sign; however, the City Conmission determined that
the "no right turn" sign has been in place for a long time, and they
did not see a problem. No extra provisions were made to either make
the area one way or change the signage to redirect the traffic. In
addition to staff conments, this was approved with the addition of
gates to the dumpster enclosure.
4. Boynton Festive Center - This was approved subject to all staff
conments.
5. Quantum Park use approval for the Tri-Rail Station was approved.
6. The Ordinance to change the Sign Code to allow bus shelter signage
was approved. It is scheduled for second reading next Tuesday.
No action was taken on the Board's reconmendation regarding not
allowing signage on shelters.
Chairman Lehnertz recognized the presence in the audience of Mayor Harmening.
UNFINISHED BUSINESS
None
NEW BUSINESS
A. PUBLIC HEARING
CONDITIONAL USE
1.
Project Name:
Owner:
Agent:
Location:
Palm Walk a/k/a Boynton Belvedere
Trio Associates Ltd.
Mark Fassy
North side of SW 19th Avenue, approximately 351 feet
east of Congress Avenue
Description: Request for conditional use approval to construct a
17,042 square foot, 48 bed adult congregate living
facility (ACLF) on a 1.955 acre site.
Mike Haag made the presentation. The location of this facility is zoned R-3,
and the project is in the Modern Design District of the Conmunity Design Plan.
There are two buildings on the site; an administration building on the north
side of the project which is 4,000 square feet, and the residence which will
house the Alzheimer's patients. The project will also include a gazebo, and a
canopied area which will allow for unloading at the administration building.
The parking lot is located to the rear of the site.
- 2 -
MINUTES - PLANNING AND [ ELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 9, 1994
The Adult Congregate Living Facility (ACLF) has been detenmined to be a per-
mitted used in the R-3 zoning district; however, nursing homes are not. The
surrounding uses include a commercial building to the north which is on the
opposite side of a buffer wall. Leisureville is to the east and to the south
across SW 19th Avenue, and Cedarwood Villas abuts this site to the west. The
parcel of property involved in this project was to have been the second phase of
Cedarwood Villas; however, that project did not materialize.
The standards used for evaluating a conditional use are identified in the Code.
They include the following:
1. There is ingress/egress on SW 19th Avenue. There is one two-way
into the site leading to the entrance to the administration build-
ing. There is a pedestrian sidewalk from the right-of-way along
the east side of the residence building. .
2. Sixteen off-street parking spaces are required by Code. Seventeen
spaces are being provided. One of those spaces will be a handicap
parking space.
3. The refuse and service area are combined and located in front of the
building at the southeast area of the site. There was a concern
about the dumpster location and dumpster pick up. That concern was
resolved this afternoon with Mr. Eichorst by the addition of a pad
with curbing. A roll-out dumpster will be stored and rolled out on
the day of pick up.
4. Once the Utilities Department comments are satisfied, they will meet
Code requirements.
5. This landscape plan is consistent with the Landscape Code. There are
some minor staff comments with regard to spacing of the species in
certain areas as well as some material along the back portion of the
property. No buffer walls are required for a residential use. They
have provided the landscaping screen for the residential area and
foundation landscaping around the building.
6. With regard to signs and exterior lighting, there will be a sign
attached to the wall in front of the service area which will meet
the Sign Code requirements for size and height. The vehicle use
area requires proper site lighting to meet the Code.
At this point, staff recommends that the light poles be limited
to a 20' height. The reason for this recommendation is because of
the fact that this is in a residential area.
7. Once staff comments are complied with, the building will meet the
building and site regulations for setbacks.
8. The applicant has designed the buildings to be compatible with the
surrounding buildings.
- 3 -
MINUTES - PLANNING AND r ELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 9, 1994
9. Staff has recommended that the buildings be no higher than 201 in
height. The elevations which were on display, showed the building
at 251 in height. The reason for staff's recommendation is to try
to fall in line with the scale of the surrounding buildings.
10. This project will be of benefit to the people of the City. Alzheimerls
patients could make use of this facility. This site plan was platted
and approved in 1980. It received its vesting at that time for con-
currency and site plan.
11. This standard involves the fact that the process they are pursuing
follows through with Chapter 19, Article II of the City of Boynton
Beach Code of Ordinances. (Part III, Chapter 4 Site Plan Review)
12. This is a performance standard which requires that this site operate
within Code compliance. This will be evaluated once the project is
in working condition. Code Enforcement and other regulatory agencies
will follow through with this requirement.
Mr. Haag referred to the colored elevations which were displayed. The applicant
plans to mix white, pink and a muted blue/gray. There will be a skylight donmer
on the north side of the residential building. The gazebo will have an awning-
type canvas canopy. The entrance canopy leading into the administration
building will also have a canvas canopy. There is also a canvas canopy which
connects the two buildings. The colors of the canopies will blend with the
surrounding buildings.
There is a Community Design Plan appeal for the roof material. The applicant
shows a cement tile roof which is not allowed in the Modern Design District.
Staff has reviewed the plan and offered comments which are identified in the
back-up material. Staff recommends approval subject to the comments.
The Planning and Zoning Department recommends approval of the project. However,
the use the department is recommending approval for would be an ACLF-Alzheimer's
patients. Nursing homes are not a penmitted use in this zoning district. At
site plan levels, it is very difficult to tell whether this project is being
developed to possibly turn into a nursing home. There is a fear that this would
turn into a nursing home. Mr. Haag further advised that there are three addi-
tional ACLF projects located in the City's three zoning districts. We have no
way of know if they have turned themselves into nursing homes.
The Planning and Zoning Department recommends approval of this project, subject
to staff comments.
Mr. Weigle inquired as to how the applicant can reduce the building height from
25' to 201. Mr. Haag said the applicant can accomplish this in a few ways, one
of which would be to reduce the 5 and 12 slope to eliminate the additional 51.
In response to Mr. Weigle's question, Mr. Haag advised that the project directly
to the west is approximately 15' in height, although he did not have the exact
dimensions available.
- 4 -
MINUTES - PLANNING AND l ELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 9, 1994
Vice Chairman Dube expressed concern about the number of parking spaces. He
pointed out that half of the number of spaces will be occupied by the employees.
He wondered where the cars will park if half of the residents have visitors.
Mr. Haag explained that staff determined that the parking space ratios would be
one parking space for every three beds. That is the ratio which has been used
for ACLFs in the past. Mr. Haag said he investigated this situation when the
recent application which was approved for Carl Lindner came through. They had
parking spaces available which were never used.
Mark Fassy, owner of the property and licensed architect, said he concurs with
staff comments. He explained that he had concerns with the roof materials. He
chose the roofing to comply with the neighborhood. It will blend with the homes
in Leisureville. He also expressed concern about the 20' setback to the eave as
opposed to the building. The building is quite large. He is attempting to pro-
vide as much landscaping between the entrance roadway and what will be the
future expansion of the building. Every foot of landscaping which can be
secured would be helpful. There is a 6' high wall on the west property line.
Beyond that wall is the road and a blank wall at the start of the first row of
houses. He would like to be able to consider the setback to the building line
as opposed to the overhang line.
Mr. Fassy said the reduction of the roof height is not a problem. It will cost
him less money. He felt the 251 height was proper for the scale of the building
with a 5 and 12 slope, but he will consider a reduction.
With regard to the lighting, he felt it should be illuminated properly, but he
is willing to go along with staff's recommendation for less than what the Code
requires.
Chairman Lehnertz asked Mr. Fassy to address staff's concerns about turning this
facility into a nursing home. Mr. Fassy said this is an ACLF. A Certificate of
Need is required by the State to make this facility a nursing home. Part of the
procedure to turn this into a nursing home would require that they be zoned for
a nursing home and they are not. Therefore, they will not be able to secure the
Certificate of Need.
Chairman Lehnertz confirmed with Mr. Fassy that if he decided to turn this
facility into a nursing home, the City will be aware of the fact that he was in
that process. Mr. Fassy said he has no desire to turn this into a nursing home.
Bill LYnch, 1912 SW 16th Avenue, President of Boynton Leisureville Community
Association, said he represented the Board of Directors and some of the resi-
dents whose property will abut this proposed ACLF. At a recent meeting with Mr.
Fassy, the residents viewed the plans on display this evening. Mr. Fassy
answered all questions and concerns including turning this into a nursing home,
landscaping, dumpsters, etc. Following the meeting, a "show of hands" was
taken, and it was the consensus of opinion of approximately fifty (50) or more
of the residents who attended, that they would have no objection to this ACLF on
this site. He requested that the Board approve this project and move it forward
to the City Commission for their approval.
- 5 -
MINUTES - PLANNING AND L lLOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 9, 1994
Mr. Weigle questioned whether or not the height of 20' as opposed to 251 was
discussed. Mr. Fassy said no such discussion took place during that meeting.
Mr. Lynch confirmed that the residents reviewed the colored elevations which the
Board was reviewing at this meeting. The residents liked what they saw and have
no problem with the 251 height.
Chairman Lehnertz read a letter from Waldemar Moehle and Lucy Moehle dated
August 2, 1994, which states their opposition to any zoning change in this resi-
dential area. (A copy of the letter is attached to the original set of minutes
on file in the City Clerk's Office.)
Because of his interest in the environmental aspects of these projects, Chairman
Lehnertz asked Mr. Fassy if he would be agreeable to using Melaleuca mulch
instead of Cypress mulch around the shrubs. Chainman Lehnertz pointed out that
this will not add any additional cost, it is readily available and, on the long
range, it will help preserve Cypress trees and eliminate Melaleuca trees. Mr.
Fassy said he will discuss this with his Landscape Architect.
Mr. Weigle reiterated his concerns about reducing the height of these buildings~
He knows the slope will change, and at this point, it is in proportion to the
building. The residents in the area liked what was presented to them, and he
sees no reason to reduce the height. The owner is an architect and he did this
plan to meet the proportions of the width of the building and to include the
donmers. Lowering this height may ruin the appearance of the buildings. He
would not like to see that happen.
Motion
Mr. Weigle moved to accept the request for conditional use approval to construct
a 17,042 square foot, 48 bed adult congregate living facility (ACLF) on a 1.955
acre site, subject to all staff comments with the exception of the 20' height
requirement. Vice Chairman Dube seconded the motion, which carried 4-0.
B. ADMINISTRATIVE APPEAL
COMMUNITY DESIGN PLAN
1. Project Name:
OWner:
Agent:
Location:
Palm walk alkla Boynton Belvedere
Trio Associates Ltd.
Mark Fassy
North side of SW 19th Avenue, approximately 351 feet
east of Congress Avenue
Description: Request for an appeal to the Modern Design District
roof material requirement for a proposed adult
congregate living facility (ACLF).
Mr. Haag made the presentation. As mentioned earlier in the meeting, this
facility is located in the R-3 zoning district in the Modern Design District.
The roofing material required for this Community Design District includes metal,
tar and gravel, built up with deck and space frame with skylight. The applicant
- 6 -
MINUTES - PLANNING AND, ;ELOPMENT BOARD MEETING
BOYNTON BEACH, FLORIDA
AUGUST 9, 1994
is attempting to match the design of the roof and roof materials of the sur-
rounding buildings located in Leisureville. He has requested that a white
cement tile be acceptable. The white cement tile will be placed on the resi-
dence building and the administration building. The gazebo roof and canopy will
be canvas.
After reviewing the surrounding neighborhood, staff has recommended approval of
the request to the Community Design Plan with a stipulation that the roof
material for the canopy match the roof material on the administration building
and the residence building. Mr. Haag pointed out that originally it was planned
that this building would have a cement tile roof. The applicant changed that
and is now requesting that the roof be of canvas material.
Staff recommends approval of the project with the stipulation that the canopy
entranceway have cement tile to replace the canvas roof.
Mark Fassy, architect and owner of the project, would like the canvas entry for
aesthetic appeal and the cost effectiveness. He sees no reason or judgment why
the Planning staff should change his design. He stated there is nothing in the
Code that makes this interpretation.
Vice Chainman Dube pointed out that this was originally planned with a cement
tile roof, and then changed. Mr. Fassy said there have been many plans. One of
the reasons why it is submitted in this manner is because it has been reviewed
and revised, and he would like it accepted as submitted.
Mr. Haag clarified that Mr. Fassy's request is that the white cement tile remain
on the residence building and administration building, and the canvas remain on
the canopy and the gazebo. The Code clearly says the structures must have the
roof materials stated earlier for the Modern Design District. Mr. Fassy asked
if the Code states that the canopy must match in material. Mr. Haag explained
that the same structures shall have the type of materials identified in the
Code. Mr. Fassy pointed out that the canvas canopy is not over inhabitable
space.
Vice Chainman Dube feels it makes sense to go ahead with the cement tile roof
because the surrounding area is tile. He also feels that since the gazebo is
being left with the canvas roof, the entranceway should also have the canvas
roof. Mr. Haag confinmed that there was no reason for the recommendation that
the entranceway roof be tiled other than the fact that there was a drawing
showing it that way. Further, the Building Code does allow a carport or entry
canopy to have an awning.
Mr. Fassy said his intention was to light the entrance canopy from underneath.
At night, this lighting would provide a glow and clearly define an entrance
space. He felt this would enhance the entrance to the property.
Mr. Weigle pointed out that Mr. Fassy is not required to put anything over the
entranceway. Mr. Haag confinmed this statement to be true and explained that
this was an attempt to soften this portion of the site against the residential
area.
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MINUTES - PLANNING AND l ELOPMENT BOARD MEETING
BOYNTON BEACH. FLORIDA
AUGUST 9. 1994
Motion
Vice Chairman Dube moved that we approve the request for relief from the roof
covering material requirement of the Community Design Plan. Mr. Weigle seconded
the motion, which carried unanimously.
C. SUBDIVISIONS
EXCEPTION TO PLATTING
1.
Project Name:
Owner:
Agent:
Location:
The V1n1ngs at Boynton Beach
Howard Scharlin, Trustee
Richard Wolfarth, C.C.L. Consultants, Inc.
Northeast corner of SW 8th Street and Morton's Way
Description: Request to subdivide a 33.87 acre parcel from Tract
C, the undeveloped, multi-family/duplex designated
parcel of Woolbright Place, Plat No.1.
Ms. Heyden made the presentation. The PUD was platted in 1990. As part of the
plat, there was a residential tract called Tract "Cu. That tract was comprised
of three residential pods on the master plan. When the plat was developed, it
was a boundary plat and did not differentiate between the residential pods.
Along with this request, the applicant has submitted a site plan approval appli-
cation for 548 rental apartments on the 33.87 acre parcel which he wants to sub-
divide from Tract "Cu. That could result in Tract "C" being divided into three
parcels.
There is criteria in place which states that no land is to be divided into more
than three parcels. That is the criteria applicable to this application. Only
three parcels are being created at this time. Development of the 33 acre parcel
for the rental units does not require any additional easements or right-of-way
dedications.
The City Engineer and the Planning and Zoning Department recommend approval of
this request. If the exception is granted, a survey establishing the formal
boundaries of the new parcels without phase lines as property lines, must be
submitted prior to penmitting. Ms. Heyden requested this be added as a con-
dition of approval.
Chainman Lehnertz requested additional clarification on the reason for this
request. Ms. Heyden said they would not have to replat unless they did not meet
the criteria in the subdivision regulations. Since they are under the threshold
with regard to the number of parcels, they meet the criteria and need not
replat.
The applicant was not present.
Chairman Lehnertz reminded the Board that the Planning and Development Board has
approved two site plans for the commercial portion of this property; however, no
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