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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment December 15, 2000 David M. Layman Greenberg & Traurig, P .A. 777 South Flagler Drive, Suite 300 East West Palm Beach, Florida 33416 Re: File No.: Location: Boynton Landings Apartments ADAP 00-001 2309 North Congress Avenue Dear Mr. Layman: Enclosed is the City of Boynton Beach Development Order for administrative appeal that was denied on December 5,2000. Considering this outcome, please confirm if you still desire the City to process your request for Code Review. This application was on hold until the appeal process was completed. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~ Michael W. Rumpf Director of Planning & Zoning CC: Nick Igwe, Assistant City Attorney MWR/vr J:\SHRDATA\Planning\SHARED\\VP\PROJECTS\Boynton Landings ADAP 2000\dev order Itr denied. doc: America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FA-X; (561) 375-6259 DEVELOP'. N~t)RDER OF THE CITY COMM 31'" ~, OF THE Cll. ~F BOYNTON BEACH, FLORIDA PROJECT NAME: BOYNTON LANDINGS APARTMENTS A-'~txr 00 I W\ APPLICANT'S AGENT: David M. Layman, Greenberg Traurig, P.A. APPLICANT'S ADDRESS: 250 S. Australian Avenue #1003, West Palm Beach, FL 3;3401 ~2~ .~:. DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Decemb~~;S\~o6~~~-:; :,\:.q i' i i ['.'-, -- 1 IUU\ t;LJ 1. \._~ ~_~_- .- ~~=--~ "I :., r"l -~.~ . II " ' 1 \ \ \ \ 1 ~ j: ',...-' ~ \ ."...,~~ ~ TYPE OF RELIEF SOUGHT: Administrative Appeal LOCATION OF PROPERTY: 2309 North Congress Avenue , . .....J DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. L-- ....--..- X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative 'staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS 2.. HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. ...L DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other \\\\\\111'" 11111;: ~~O-.(N' UN ;//0,z ~'i 'q) .... .... ~ ~ ~ ."~oR.o\""', '? ~ ""';'.t eg.; '~.,...., ..,. ...... ,,- 0 e. \.' <:;:::. .::: 0 :(j .. :t ::: = '- :2 \:: - ;- .- .- :~\ "I == ~ r)'. "\ g'2.'v/ ~ ~ ...... ..... ~ ~ ........ <:) ~ ~ ~//II FLO~\ \\\~ 1//1111 J II \, \\\\\\ DATED: ~. ~ .:Ae:J;:7t:) , L.I~ -~ ~ ~ ~ ~~~<?~... ~--~City Clerk J:ISHRDATAlPlanningISHAREOIWPlPROJECTSl8oynton Landings AOAP 2000\CC 12.5-00 DO.doc EXHIBIT" " Conditions of Approval Project name: BOYNTON LANDINGS APARTMENTS) File number: ADAP 00-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BUILDING DMSION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTERlENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDmONS Comments: 1. Denied. X ADDmONAL CITY COMMISSION CONDmONS NONe- (.../ Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Description: Request for 20-foot utility easement abandonment between lots 60 and 61 in the Quantum Park PID Chairman Wische noted there were no staff comments. There was no public audience present to speak. Motion Mr. Dube moved to approve the request for abandonment of a 20-foot utility easement between lots 60 and 61 in the Quantum Park PID known as the Grotto Bay at Bermuda Place for Quantum Park & Village, LLC. Motion seconded by Mr. Friedland and carried 6-0. Chairman Wische requested that Item 7.B. 1 (Boynton Landings) be addressed before the second item for the Grotto Bay. C. ADMINISTRATIVE APPEAL Administrative Aooeal Owner: Location: Description: BOYNTON LANDINGS David M. Layman, Greenberg Traurig, P.A. CSC Boynton Landings, Ltd. 2309 North Congress Avenue Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan. 1. PROJECT NAME: Agent: Attorney Timothy W. Schulz from the law firm of Greenberg Traurig took the podium. Chairman Wische noted that staff has denied the item. Attorney Schulz said it is his position that this is not the correct Board to hear the appeal. He feels that the City has relied upon certain provisions of the Code to determine thafthis Board is the proper body to hear the appeal. Attorney Schulz stated he has looked at a different section of the Code which contradicts staffs opinion. Attorney Payne requested Attorney Schulz cite the Code sections on which he based his opinion. Attorney Schulz stated that Ms. Lusia Galav of staff cited Chapter 1.5, Article 1, Section 4.1 E of the LOR, which grants this Board authority to hear an appeal from an administrative decision. 13 - Meeting M~tes Planning and Development Board Boynton Beach, Florida .., 'W' ..., .. November 28, 2000 Attorney Schulz cited Article VII, Chapter 1, under Appeals, Section 1.0.2 that states that the City Commission "will hear and decide appeals of administrative decisions for determinations in the enforcement or administration of environmental review permits; excavation, dredging and/or fill permits; major/minor site plan or plan modifications and height exceptions". Attorney Schulz said he was present tonight to appeal a request to a minor modification of a site plan. This provision provides that the City Commission shall hear the appeal. Further, Attorney Schulz also referenced a letter in the agenda backup from Assistant City Attorney Igwe dated August 7, 2000 which cites this section to support why an appeal should not be allowed. Chairman Wische pointed out that every decision made by this Board goes to the City Commission and whatever decision this Board makes, the applicant will still appear before the City Commission. Chairman Oube stated that the item was placed on the agenda and that this Board should act on it. Mr. Rumpf said there is an inconsistency in the City Codes in numerous sections referencing an appeals process and the City Attorney's Office is clarifying the issue. Mr. Rumpf cited Chapter 1.5 of the LOR which lists all the items that come before this Board and in Paragraph b, Item 2 administrative appeals is stated. Motion Vice Chair Dube moved to deny the appeal from Boynton Landings on their request to have the decision of our Planning and Zoning Director overturned. Vice Chair Dube inquired if the motion had been stated correctly and Attorney Payne said that the motion should be stated in the positive and then the Board can vote either yes or no, consistent with the motion. In other words, if you vote "yes" I you are approving it or if you vote "no", you are not approving it. Chairman Wische suggested that the motion be cited as written on the agenda. Motion Vice Chair Dube moved to approve the Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan. Attorney Payne stated if the Board votes to approve it, they are approving the denial, because denial is the recommendation from the Planning Director. Mr. Friedland seconded the motion. 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr. Ensler stated that he researched the City Code and determined that there are prohibitions in the Code that prohibit banners, signs that swing, fluttering signs and also under special signs, banners do not meet the criteria. Mr. Ensler asked Attorney Schulz if he could cite the section that allows banners in the City? Attorney Schulz said he read the section of the Code cited by Mr. Ensler and it is his contention that the City's Code is vague and ambiguous and the Code states that a banner is a sign. Therefore the definition of a sign needs to be determined. Vice Chair Dubs noted that there was no "period" after the word sign and that the Code states that "a sign having the characters, letters, illustrations or ornamentals applied to cloth, paper, film or a fabric of any kind, with only such materials for a backing". Mr. Myott inquired if the applicant ever applied for permits for the banners and was informed they did not. Attorney Schulz stated that when he came to the meeting tonight, he saw banners hanging from the light poles with the Happy Holidays' insignia ana is displayed similarly to the Boynton Landings' banners. Attorney Payne and members discussed the wording of the motion on the floor. Vice Chair Dube withdrew his original motion and Mr. Friedland withdrew his second of the motion. Motion Vice Chair Dubs moved to deny the Notice of Appeal of the Applicant from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan. Motion seconded by Mr. Friedland. Motion carried 6-0. Technical Site Plan With Waivers Description: GROTTO BAY @ BERMUDA PLACE Joni Brinkman, AICP, of Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard Request for Technical Site Plan approval for 15.16 acre POD in the Quantum Park PID. The Mixed USE POD will contain 272 multi- family residential rental units and require code waivers pursuant to Ordinance 00-52. 5. Project Name: Agent: = Owner: Location: 15 '-' ~ Meeting Minutes Planning and Development Board Boynton Beach, Florida ~ ., -,' November 28, 2000 Mr. Winston Lee, of Winston, Lee & Associates assumed the podium and Attorney Payne administered the oath. Chairman Wische noted that there were 49 staff comments and requested the agent only address the comments they do not agree with or need clarification on. Mr. Lee said he divided his comments into four parts. The first part will be the waivers that the applicant agrees with. The second portion would be the single waiver request that the applicant is in disagreement with staff. The third portion would be certain conditions that they do not agree with. The fourth portion would be for clarification on some design recommendations. With regard to Items #4, #6 and #16, Mr. Rumpf replied that the agent wants to insure that the way the item is read, if it is checked, it would be included. Also that the waiver procedure takes precedence over the comment, except for one, which is Item #16. Item #16 was an oversight and did not include the reference to the waiver request. Staff will add that to the amended conditions, so that if the waiver is approved, the condition is superseded. Item #40 is a waiver request that the applicant does do not agree with. This deals with a buffer area south of the project. Mr. Lee pointed out the area in question on the artist's rendering of the project. Mr. Lee said that the Code as written would not apply in this instance to a mixed-use project. The Code states that a fence or wall must be placed between the two properties and the applicant feels this would be counterproductive. If you put walls in, the open area concept would be broken up and lost. Chairman Wische asked for staff to comment. Mr. Rumpf said that staff has the ability to be flexible. Mr. Rumpf said that they are asking for some type of separation between the residential and the office building that could be something less than a brick wall and staff wants to separate the two parcels. Mr. Rumpf noted that on the northeastern side there is a continuous hedge and a tree spaced every 20 to 30 feet. Staff would like to see this at minimal on the other side of the property to separate the two environments. Mr. Rumpf further pointed out that currently the two tracts in question are connected, but it may not always remain this way. Also, this portion of the mixed-use project is not mixed- use, but is residential. Mr. Friedland said he did not see the need for a wall and Mr. Rumpf replied that the wall would only provide security and is a marketing issue. It the applicant is not in need of that type of element, staff would agree to that. Mr. Doug McDonald, President of Quantum Limited Partners, 2500 Quantum Lakes Drive, Boynton Beach took the podium and said they are breaking new grounds in the City and he does not want to see walls used to 16 IN THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA / ..' BOYNTON LANDINGS APPEAL FROM PLANNING AND ZONING BOARD DECISION CSC BOYNTON LANDINGS, LTD. a Florida corporation, CASE NO. Appellant, vs. CITY OF BOYNTON BEACH, FLORIDA, and the CITY COMMISSION OF THE CITY OF BOYNTON BEACH, Appellees. I NOTICE OF APPEAL NOTICE IS GIVEN that Appellant, CSC BOYNTON LANDINGS, LTD., appeals to the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida, the Final decision and Order of the City Commission of the City of Boynton Beach, rendered on December 5, 2000, ratifying a denial by the Planning and Development Board of Boynton Landing's request for minor modification of site plan. A copy of the decision and Order is attached hereto. The jurisdiction of the Circuit Court is invoked pursuant to Florida Rule of Appellate Procedure 9.030(c)(1)(A). The nature of the Order is a final decision ofthe City Commission of the City of Boynton Beach, Florida. q~rn\ "i;~ j J r r~' .~ r~ r'~ il O~ r----"' - ; l' n \ 1 LJtL 2 0 1 j'~ t ~ " The final decision ratified a prior decision of the City of Boynton Beach, Planning and Zoning Department, to deny Appellant's request for a minor modification to the original site plan. GREENBERG TRAURIG, P.A. Attorneys for Appellant 777 South Flagler Drive, Suite 300 East West Palm Beach, Florida 33401 Telephone: (561) 650-7900 Facsimile: (561) 655-6222 By: T~vJ.C~/"? TIMOTHY '\\T. SCHULZ Florida Bar No. 0073024 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Notice of Appeal has been served by facsimile copy and U.S. Mail on this ~ day of December, 2000, on: City Clerk's Office City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 Nicholas Igwe, Esq. Assistant City Attorney City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 Michael Rumpf City of Boynton Beach Planning and Zoning Division 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 ~ T~~~~~~ 2 The City of Boynton Beach City Clerk's Office 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 (561) 742-6060 FAX: (561) 742-6090 CERTIFICA TION I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify the attached two pages copied from the Consent Agenda of the Regular City Commission Meeting Minutes dated December 5, 2000 are true and correct copies, as they appear in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 14th day of December, 2000. ~~~~hftJ~:-~ CITY CLERK December 14, 2000 ~"\\\\ \'" 1111111111. :S-~ of BO)o-/q~ ~...~ __" rYJ- ~ ~ "~'-':'CORA"___ 0 ~ .::::'o'~ O~..""o:::. -- .,," #' :::. ~ (EAL) ii'\ OJ :: - o' m - ~ "9~~)a~ ~ .0(\ ..... <:"~ _p ~ ~ ( 00 v ~- s ~ 0 ..... ~ ~/III. f:/ IDA ~~$' 111/111/ 11\ I\\\\\\\; ''An Equal Opportunity/Affirmative Action/ADA Employer" Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 v. CONSENT AGENDA: A. Minutes: 1. Special City Commission Meeting of November 8, 2000 2. Regular City Commission Meeting of November 8, 2000 3. Agenda Preview Conference of November 16, 2000 B. Bids - Recommend Approval - All expenditures are approved in the 2000- 2001 Adopted Budget 1. Award the "CO-OP ROAD CONSTRUCTION MATERIALS", BID #017 -1411-01/KR, to three vendors as outlined in the back-up material, for an estimated expenditure of $76,011 2. Award "RFQ FOR MEDICAL DIRECTOR TO OVERSEE THE EMERGENCY MEDICAL SERVICES AS PROVIDED BY. FIRE RESCUElEMTS, PARAMEDICS AND LIFEGUARDS., RFQ #007- 2210-01/KR, to Dr. Kenneth A. Scheppke of Jupiter, Florida, in the amount of $21 ,000 (PROPOSED RESOLUTION NO. ROO-1S9) 3. Award the "PURCHASE OF TWO BULK TRASH AND REFUSE COLLECTIONfTRANSPORT VEHICLES. BID #006-2516-01/KR, to Atlantic Truck Center in the amount of $105,912 4. Award the RFP for "ENTERTAINMENT COORDINATOR FOR THE 2001 GREAT AMERICAN LOVE AFFAIR., RFP#OO5-2710-01/CJD to Big Beat Produdion, Inc. of Coral Springs, Florida for an expenditure of $15,000 (PROPOSED RESOLUTION NO. ROD-170) 5. Approve the .PURCHASE OF NEW/REPLACEMENT LAW ENFORCEMENT PURSUIT VEHICLES-in the amount of $458,372 from Duval Ford utilizing State of Florida Contrad #070-001-99-1 6. Approve the piggyback of Palm Beach County BID #99186NMG to Odums Sod, Inc. in the amount of $13,770 for sod for Pence Park Ballfield C. Resolutions: 1. Proposed Resolution No. ROO-171 Re: Reaffirming the appointment of Kurt Bressner as City' Manager of the City of Boynton Beach and authorizing and directing the Mayqr arid City Clerk to execute an amendment to the employment agreement on behalf of the City with Kurt Bressner 6 Meeting Minutes Regular City Commission Boynton Beach, Florida December 5, 2000 2. Proposed Resolution No. ROO-172 Re: Approving the revised Recreation & Park Department Revenue Policy Manual & Fee Schedule . D. Ratification of Planning & Development Board Action: 1. Boynton Shoppes (Side Yard Setback) - Request for relief from Chapter 2 Zoning, Section 5.F.7.e. requiring a minimum 30' setback to allow a 17.5' variance or a minimum 12.5' side yard setback within the Boynton Shoppes PCD 2. Grotto Bay @ Bermuda Place - Request for Technical Site Plan approval for 15.16 acre pod in the Quantum Park PID. The mixed- use pod will contain 272 multi-family residential rental units and require code waivers pursuant to Ordinance 00-52 3. Boynton Shoppes - Request for new site plan apprqval to construct an additional 3,000 square foot retail building locat~ on a 0.727 acre outparcel in the Boynton Shoppes PCD 4. Boynton Landings - Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan E. Approve Task Order #1 with Hartman & Associates for the preparation of design/build documents for the installation of a new 12" water main to complete a loop on Hypoluxo Road from Overtook Road to Seacrest Boulevard and replace existing small rear easement water mains in the San Castle area east of 1..95 in the amount of $43,650. These documents will be used to obtain competitive bid/design proposals. F. Approve the expenditure of $23,090 for the purchase of two Trimble ProXR GPS units from GPSServe, Inc. The Trimble ProXR GPS units are on . SFWMD Bid #RFB 0Q.044. Motion Commissioner Black moved to approve the Consent Agenda. Motion seconded by Vice Mayor Weiland and unanimously carried. VI. CITY MANAGER'S REPORT: A. Recommendation of Selection of Planning Consultant for Federal Highway Zoning in Progress Study - Award RFP #012-2410..Q1/CJD to Michelle 7 . DEVELOPMF-""T QRDER OF THE CITY COMMI5~Of\L-OF THE c. . Y . BOYNTON BEACH, FLORIL. . PROJECT NAME: BOYNTON LANDINGS APARTMENTS APPLICANT'S AGENT: David M. Layman, Greenberg Traurig, P.A. APPLICANT'S ADDRESS: 250 S. Australian Avenue #1003, West Palm Beac~f;3.~Q1l~ ,::~",~~[a0 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: DeCemb$~i~} ~-,. ,..,". :' \ '\ \ \ 1\11:11 " I' TYPE OF RELIEF SOUGHT: Administrative Appeal \J\ \\ DEe -. l' -\.:1\ \ ,W \_..------.-....-...-' ' ~ ~..' . _ l ..-: LOCATION OF PROPERTY: 2309 North Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. . . ,- . . . ..' t--:<~..-.....--"'-" X THIS MATIER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative 'staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _HAS -1L HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set - forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. .L DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other ~\\\\\\' 11111 """/. ~~ ~N I uN IJ ~~ ~ ~o .'_ ..... ~ ~ ~ ,"90RA ...~\.., ~ ::i '4, :'~ '~ C'l ~ ::: 0 1(.10 -r ::: _.~ ; - :: > :5 .:: S~\. n1:; ~ r". ,\9~'vl ~ ~ .... .... ~ ~ ............ ~ 'f- ~ ~~II FLO~\ '!\\"~ Itlllll I! n\l\\\\\ DATED: ~. ?: cAt::J&JC) , L4.- ~ ~ J ~ ~~<-<?c.. ~CityClerk J:\SHROATA\PIannlng\SHAREO\WPlPROJECTS\Boynton Landings AOIJ' 2000ICC 12.5-00 DO.doc EXlDBIT" " Conditions of Approval Project name: BOYNTON LANDINGS APARTMENTS) File number: ADAP 00-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X . . FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DMSION Comments: NONE X BvaDING DMSION Comments: NONE X PARKS AND RECREA nON COJlUl1ents: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNlNG AND ZONING Comments: NONE X ADDmONAL PLANNING AND DEVELOPMENT BOARD CONDmONS Comments: 1. Denied. X ADDmONAL CTIY COMMISSION CONDmONS NONE V" IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NUMBER: ......... 12 4 3 2 A V ,.. CSC BOYNTON LANDINGS LTD Appellant(s) ~~[L~[Q) -vs- o J:-c eN' f3 E-P- ) e 20 Ci D DOROTHY H. WILKEN - CLERK CIRCUIT COURT BY /{1.~'7t' rf. 'Z-..R..J~. CITY OF BOYNTON BEACH, ADoellee(s) FLORIDA, and the CITY COMMI~~ION OF THE CITY OF BOYNTON BEACH CERTIFICATE OF MAILING I, DOROTHY H. WILKEN, Clerk of the above entitled court, do hereby certify that a copy of Appellate procedures from the Appellate Division of the Circuit Coun was mailed to all counsel of record and/or all parties involved at their indicated addresses listed below. Wimess my hand and Seal of the Coun this _ day of -""'" --,\ ~'It'I}l. ':-" ...........,. ; '"./fn''' · ,.;;: F , .~, '.." 'I ~ :: ! ...,p 1 ~ I. i'..i . ~ :".~ ~:.\. . t l~~ ~ '# , .... ,. oil (CO~JtliEA~': 1'~\.\"".... DEe 1 8 2000 DOROTHY H. WILKEN CLERK OF THE CIRCUIT COURT c By: It/LA -1 11- ;?.~ Deputy Clerk Nancy A. Zambello COPIES TO: GREENBERG TRAURIG PA ATTORNEYS FOR APPELLANT 777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PALM BEACH, FLORIDA 33401 CITY CLERK'S OFFICE _ CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425 NICHOLAS IGWE,ESQ. ASSISTANT CITY ATTORNEY CITY OF BOYNTON BEACH 100 E BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425 IT /mailng. !=n.apls IT2 6/98 MICHAEL RUMPF CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION J.,-'~-'.'::; 100 E BOYNTON BEACH BOULEVARD' r"\ \~; ,'" \ . P.O. BOX 310 \ \, 1'- BOYNTON BEACH, FLORIDA 33425 '\ ~~\) L,",. '.';~~. , \1< :, ) 'l ',-I I} \' tJ l u...v L ~ . ...1 t ~ _ i . e IN THE CIRCUIT COURT OF THE FIFTEENTH mDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVISION OF THE CIRCUIT COURT IMPORTANT NOTICE TO ATTORNEYS AND PARTIES Unless there are exie:ent circumstances. the court will strictly enforce the followin2 policies to assist the Court in the prompt and orderly disllosition of matters under review: I. NOTICE OF APPEAL. The full name of the trial court judge who entered the order or judgment and the date of rendition should be indicated on the Notice of Appeal. See Fla. R. App. P. 9.020(g). The notice shall also include the names of all parties to the appeal, and shall designate whether the appeal is final or non-final appeal. See Fla. R. App. P. 9. I lO(d) and 9. 130(c). 2. CONFORMED COPIES. Within ten (1 0) days after filing the Notice of Appeal the Appellant shall file a copy of the order/judgment(s) appealed together with a copy of any motion for rehearing and a copy of any order entered thereon. 3. BRIEFS. All briefs should be securely stapled with one staple in the upper left-hand corner and without brief covers. No onion skin or similar quality copies will be accepted. See Fla. R. App. P. 9:210. Each brief must be served and filed as follows: (a) One (1) copy of each brief must be served on counsel for each party separately represented; (b) One (1) orie:inal and three (3) copies of each brief must be filed with the clerk. (c) One (1) electronic COpy of each brief must be filed with the clerk on a 3.5 inch diskette unless the mine: party certifies the brief was not prepared on a computer or word processor. The diskette must be formatted in WordPerfect; or, if WordPerfect is not available, Microsoft Word; or, if Microsoft Word is not available, ASCII; or other compatible electronic language. The diskette must contain a label indicating: the title and docket number of the case, the name of the document contained on the diskette, and the language format of the document. 4. MOTIONS. Although motions in some instances are appropriate under the rules, excessive and unnecessary motion practice is discourae:ed and may result in the imposition of sanctions under Fla. R. App. P. 9.410. See Dubowitzv. Centurv Village East. Inc., 381 So. 2d252 (Fla. 4th DCA 1979). Any record material necessary for resolution of a motion should be attached thereto as an appendix. Please enclose addressed stamped envelopes with all motions, one for the party filing the motion and one for each ofthe parties listed on the certificate of service. See Fla. R. App. P. 9.300. Motions should also contain an express representation, except on motions where clearly inappropriate. that opposine: counsel has been contacted and wiII or wiII not stipulate to the relief reauested. 5. RESPONSES TO MOTIONS. Responses to motions shall be promptly filed, in any case, no later than 10 days after service. No reply to the response will be considered unless specifically authorized by the court. Any unauthorized reply will be stricken without consideration. See Fla. R. App. P. 9.300. 6. EXTENSIONS OF TIME. Attorneys are responsible for seeing that the time schedule set out in the Appellate Rules is followed and that the record and briefs are filed on time. Requests for extension of time should be filed in compliance with Fla. R. App. P. 9.300(a). No extensions of time will be granted in expedited cases. No motion for extension of time will be l!ranted that does not contain a certificate that opposine: counsel has been contacted and statine: whether the motion is opposed. A motion for " extension of time served after the time for serving the brief has expired will not be granted absent a showing of good cause. Failure to complY with these standards may result in dismissal or in strikinl!: an untimely brief or in other sanctions. 7. ORAL ARGUMENT. It is expected that oral argument will be requested and will be granted by the court only in those cases where it is genuinely believed necessary for disposition of the cause. Oral argument will be limited to twenty (20) minutes per side in civil and criminal matters with exceptions only by motion and order of the court. Requests should be filed in conformity with Fla. R. App. P. 9.320. 8. RELATED CASES. All parties have the obligation to advise the Court, in writing, as soon as possible, of any other cases pending before this Court involving related issues. 9. CERTIFICATES OF SERVICE. All motions. notices, briefs and appendices are required to have a certificate of service. See Fla. R. App. P. 9.420(c)(2). Also, compliance with Fla. R. App. P. 9.300(a) is mandatory. 10. STATUS INQUIRIES. Requests for the status of a matter pending before the Court should be directed to the Clerk's Office. 11. EXHIBITS. If a party desires to include one or more articles of physical evidence, excluding documents, in the record on appeal, the party shall first seek permission from the court. 12. SUPPLEMENTAL AUTHORITY. A party's brief should contain all relevant authority published prior to submission of the brief. A Notice of Supplemental Authority should cite to newly discovered cases (copy of opinion to be attached to Notice) with a clear designation of the point on appeal to which the authority is pertinent. (Original and 3 copies) 13. RIGHTS OF CHILDREN. The Court has adopted a policy of being favorably disposed to grant Motions to Expedite where a genuine issue on appeal involves custody of children, visitation privileges, or other interests of children. 14. REHEARING. Although motions for rehearing are permitted by Fla. R. App. P. 9.330, they should be rare. The court stronl!:lv discoural!es the practice of routinelv minI! such motions or those which merely re-arl!ue the merits or Question the court's decision. Where there has been an award of attorney's fees on appeal in connection with our decision on the merits. additional attorney's fees will be awarded upon a denial of a motion for rehearinl!. 15. PARTIES. Pro Se Parties. An individual is entitled to represent herself or himself in a civil proceedinl! but he or she must comply with the Florida Appellate Rules of Procedure. Failure to properly comply with rules of procedure can reach a point where such failure amounts in an abuse of judicial process properly subjecting the appeal to a dismissal with prejudice. See Thomas v. Pridgen, 549 So. 2d 1195 (Fla. 1 st DCA 1989). Corporations. A corporation may not represent itself through non-lawyer employees, officers, or shareholders even where the non-lawyer purporting to represent the corporation is the sole shareholder of the corporation. See Telepower Comm. Vv. L TI, 658 So. 2d 1026 (Fla. 4th DCA 1995); Richter v. Higdon Homes, 544 So. 2d 300 (Fla. 1 st DCA 1989). 11/99 FORl\1 "B" CITY OF BOYNTON BEACH MEMORANDUM TO Honorable Mayor and City Commission FROM: Nicholas I. Igwe, Assistant City Atto ey RE: Boynton Landings vs. City of Boynton ach (Sign Code violations /display of illegal banners) DATE: December 15, 2000 Recently the Code Compliance Division issued three citations to Boynton Landings Ltd., the owner of Boynton Landings apartments, located at 230 N. Congress Ave., for hanging 10 banners on individual poles at the entrance of the apartment. While the citations were pending in the court system, Boynton Landings unsuccessfully sought to administratively modify the approved site plan to permit the banners on the property. Boynton Landings' appeal of the administrative decision to modify its site plan was denied by the Planning and Zoning Board. Ultimately, the Commission ratified the Planning and Zoning Board's decision. On December 14, 2000, the three citations were tried in the county court. We are happy to announce that our Office prevailed on this matter. Boynton Landings was adjudicated guilty of the charged offenses and ordered to pay a total of $699 in court costs and fines. Boynton Landings was ordered to remove the illegal signs by 5 P.M. December 18,2000. We are thankful to Courtney Caine, Code Compliance Officer, Scott Blasie, Code Compliance Supervisor and Code Compliance Division for their professional support and assistance in the prosecution of this matter. Thank you. Cc: James Cherof, City Attorney Kurt Bressner, City Manager Quintus Greene, Director ofDevel~ent Mike Rumpf, Planning Director-'" Lusia Galav, Senior Planner Scott Blasie, Code Compliance Supervisor Courtney Cain, Code Compliance Inspector Members ofthe Code Compliance Board Members of the Planning and Zoning Board SlIgwe filelBoynton Landings Memo. i; ,-,Lv It . ---::--~ .:,' \~. ~'\ _~,~~. I n. ~ , r \ i '!, 5 - .- . ~r ~.J i I \ -'-~_J r~-~----""" L-..