The URL can be used to link to this page

AGENDA DOCUMENTS Requested City Commission Meeting Dates o November 21, 2000 t8J December 5, 2000 o December 19,2000 o January 2,2001 NATURE OF AGENDA ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORlYI Date Final Form Must be TlImed in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form MlIst be Turned in to City Clerk's Office l-iovember 9, 2000 (5:00 p.m.) o January 16, 2001 o February 6, 2001 o February 20, 2001 o March 6, 2001 February 21, 2001 (5:00 p.m.) January 3, 2001 (5:00 p.rn.) November 22, 2000 (5:00 p.m.) January 17,2001 (5:00 p.m.) December 6,2000 (5:00 p.m.) February 7,2001 (5:00 p.m.) December 20, 2000 (5;00 p.m.) o Administrative t8J Consent Agenda o Public Hearing o Bids o Announcement o Development Plans o New Business o Legal o Unfinished Business o Presentation RECOMMENDATION: Please place this request on the December 5,2000 City Commission Agenda under Consent, Ratification of the Planning and Development Board action, The applicant is requesting an appeal of an administrative decision of the Planning and Zoning Director regarding denial of a Minor Modification to place baIlllerS at the entrance of the Boynton Landings Residential development. The Planning and Development Board, with a 6-0 vote, favored the administrative decision thereby recommending that the request for appeal be denied. For further details pertaining to this request see attached Department of Development Memoranda No. PZ 00-300. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: BOYNTON LA1~DINGS APARTMENTS 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 on the approved site plan. PRO GRAl\'l lMPACT: N/A FISCAL IMP ACT: NI A ALTERNATIVES: N/A \~ ~/~~ 1-/ Planning an' ning Director City Manager's Signature City Attorney / Finance i Human Resources Development Department Director J.\sHRDATA\PLA.'INJ]\;G"SHARED\WP\PROJECTS\BOYNTOl' LANDrNGs ADAP 1000\CC 12-5-00 AGl;:-'UA ITEM REQUEST DOT " DEVELOPMENT DEPARTMENT MEMORANDUM NO. 00-300 TO: Planning and Development Board and City commissioe- Michael Rum; Planning and Zoning Director Lusia Galav, AlgJik Senior Planner ~) October 12, 2000 THROUGH: FROM: DATE: SUBJECT: Boynton Landings Appeal (ADAP 00-001) Project Name: Boynton Landings Apartments Location: 2309 North Congress Avenue Owner: CSC B<?ynton Landings, Ltd. Agent: David M. Layman, Greenberg Traurig, P.A. Request: 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. BACKGROUND Request for Minor Modification On May 19, 2000 the Planning and Zoning Department received a request for Minor Modification from David M. Layman, agent for CSC Boynton Landings, Ltd. The Minor Modification application requested the addition of ten (10) "architectural enhancements" located in the front setback on either side of the entrance to the Boynton Landings Apartments (see Exhibit "B" Site Plan). The letter indicated that these architectural accents had already been placed on the site. Staff reviewed the application and conducted a site visit. The ten (10) "architectural features" as described by the applicant are "banners" as defined by " Memorandum No. 00-300 Boynton Landings ADAP 00-001 Page 2 the Land Development Regulations Chapter 1, Article " (see Exhibit "D"). Banners are prohibited per Chapter 21, Signs, Section 3. D (see Exhibit "E"). A letter denying the request was written and sent to Mr. Layman on June 1, 2000 by Lusia Galav, Senior Planner. Subsequent to receipt of the denial letter, Mr, Layman addressed a letter to Ms. Galav, indicating that a code citation was issued to his client CSC Boynton Landing, Inc. on June 6, 2000 (actually June 8, 2000) regarding the prohibition of permanent banners in the City of Boynton Beach. Mr. Layman also requested that the decision for denial of the Minor Modification be reconsidered. At this time, Ms, Galav involved Mr. Rumpf, the Planning and Zoning Director, in the matter. Mr. Rumpf issued a letter on June 20, 2000, reconfirming the denial of the requested Minor Modification. It is this letter from Mr. Rumpf that Mr, Layman is addressing his appeal. Request for Appeal Staff received the request for appeal on June 30, 2000. The request for appeal is dated June 29, 2000, which is nine (9) days after the date of Mr. Rumpfs letter but 28 days after the original letter of denial from Ms. Galav. The appeal procedure provided in Chapter 1, Article VII indicates that an appeal must be filed fifteen (15) calendar days after the rendition of the order, Based on this code section, staff requested the City Attorney to review the validity of the appeal. Mr. Nicholas, Igwe, Assistant City Attorney researched the matter. A meeting was held with Mr. Layman on August 2, 2000 to discuss the appeal. After this meeting, correspondence was exchanged between Mr. Layman and Mr. Igwe resulting in the decision to process the appeal. Mr. Igwe made the determination that the City Commission is the body to determine the timeliness of the appeal. It has also been determined that administrative appeals should be processed in accordance with procedures outlined in Chapter 1.5, Article I, Sec. 4.1, E. of the Land Development Regulations (see Exhibit "F"). Under these procedures the Planning and Development Board hears the appeal and renders a decision which must be ratified by the City Commission. The chronology of correspondence regarding this appeal is found in Exhibits "G" through lOR" attached, CONCLUSIONS The following are the pertinent facts of this case regarding the denial of the Minor Modification. 1. A site plan cannot be modified to permit a use that is specifically prohibited in the Land Development Regulations, Memorandum No. 00-300 Boynton Landings ADAP 00-001 Page 3 2. Permanent banners are specifically prohibited in Chapter 23 - Signs. 3, The Code Compliance Division issued three citations to the property owner in accordance with the banner prohibition as stated in the code, 4. The banners are currently located within the 40 foot front setback required and approved for the project and within the 20 foot utility easement along Congress Avenue. 5. The owner did not apply for or receive a building permit from the city to erect the banners on the site. RECOMMENDATION If the Planning and Development Board and City Commission find that the appeal as presented is valid and meets the requirements of Chapter 1,5, Article I, Sec. 4.1, E. of the Land Development Regulations, then staff recommends the following: 1. Deny the appeal 2. Affirm the administrative decision to deny the minor modification request for the banners at Boynton Landings Apartments. In addition, staff would not support a code review to permit banners under any circumstance other than those exceptions currently permitted by the code, ADAP 001 MEMO ~ LIST OF EXHIBITS BOYNTON LANDINGS - ADAP 00-001 A. Location Map B. Site Plan C, Photos of Banners D. Definition of "Banner" E. Chapter 21 Signs - Banners Prohibited F. Appeal Procedure G. Letter dated May 18, 2000 - Request for Minor Modifi..::ation H. Letter dated June 1, 2000 - Denial of the Minor Modification Request I. Code Citation No, 08-00364 dated 6-8-00 and No, 08-00111 dated 6-22-00 J, Letter dated June 9,2000 - Request to Reconsider K. Code Citation No. 08-00371 dated 7-17-00 L. Letter dated June 20, 2000 - Reconfirmation of Denial M. Letter dated June 29, 2000 - Appeal of June 20, 2000 Letter of Denial N, Letter dated August 2, 2000 - Req uest for Appeal 0, Letter dated August 7,2000 - City Attorney Response P. Letter dated August 21, 2000 - Response to 8-7-00 Letter a. Letter dated August 25, 2000 - Second Letter from City Attorney R. Letter dated September 12, 2000 - Clarification of Appeal Request . . 10/17/00 ;, EX\-\\B\1 "A." . -------- ,. .' .--- ----- -- ~::-~--_._-' ..--...-. :___1 l "f .;:-/ .---:-,:-'--' . .' . ','. . .=----.::;-~ (' "'. '. "" ' \" .' ~ ';: \~, . . ::: \. / (. ~~ '-:-'-'~ ...,. . .. ~- -- . \~ -.< \ 9-: __ \ \ ...-----'- . .. .;-~...~~-:..:... >:-.-.~ ...-__' .' .', ,.,.' ".,.J . ( .:' ..:::_.... ~........,. I , ._...... ~).d' ...-- .~......,..,. .....or- . ;:... ~.,.:: . -- - " ..-.---- -\ . t:, \ -r.\ ~ -r. s ",111...0 ,.. "" ~ )l.ct< M ". f.,.1. LOCA"f\ON f,AAP ~"'1'"&... --- --------------- ------~--- - - - '.' ~. ._.. ..... -:::-~ ".~-... .J<o.._._....-- .,~..." tIMSP-'o --033 f'Y"'~p- oo--e ~ EXHIBIT"C" . " . ~-:...~ ~- "~~"I''''_.1 ",_ ~ ........:_~. ~ __._c _ . -o'(!. . ~_.' i I l ~. -:.~ '~.~ir.' '-. --:-. , JO:." t~~~~~,,/ ~/./ ./ rl\M~()- OO-~3 r -pi" ; --- NlP>>~- 00-033 General Provisions EXHIBIT "0" 5 jewelry and the like, but not used merchandise generally. No outside storage or display shall be permitted in connection with such uses. BALLOON - A container made of non-rigid material APARTMENT - A room or a suite of rooms\:\. .filled with air or gas and designed to be tethered. occupied, or which is intended or designed to be ~ occupied, as the home or residence of one (1) BAA~"ER - A sign having the characters, letters, individual, family or household, for housekeeping illustrations or ornamentations applied to cloth, paper, purposes. film or fabric of any kind, with only such materials for a backing. Banner shall not include national, state, municipal, civic or church flags, awnings or canopies. APARTMENT, EFFICIENCY - A dweIling unit consisting of one (1) room, other than a bathroom, and providing cooking facilities. APPLICANT - See "Developer." ARCADE - A permanent, roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which is cantilevered from the building wall, attached to and supported by the exterior building wall or supported by freestanding columns or pillars. ARTERIAL ROAD OR STREET - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. In addition, every United States numbered highway is an arterial road, and every street shown or described as arterial according to the current or most recent functional classification contained in the City of Boynton Beach Comprehensive Plan, as adopted and amended, is an arterial. AUTO PARTS SALES (RETAIL) - Sale of auto parts from a commercial establislunent for installation and use off-premises. AUTOMOBILE - An automobile or motorcycle, as defined by the rules of the Florida Depanment of Highway Safety and Motor Vehicles. AUTOMOTIVE SERVICE STATION - The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. A \VNING - A structure made of cloth or metal with a metal frame attached to a building, when the same 1997 S-5 is so erected as to permit its being raised to a position flat against the building when not in use. .~ BAR OR COCKTAIL LOUNGE - An establishment which serves or includes the serving of beer, wine or liquor to patrons other than in conjunction with the serving of meals. BICYCLE- PATH - Any road, path or way that is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. BILLBOARD - A sign normally mounted on a building wall or freestanding structure with advertising copy which refers to something other than the name and primary character of the business on the premises or is located on a remote site from service or site referred to by the sign copy. BLOCK - A parcel of land surrounded by streets, waterways, railroad rights-of-way, parks or other public space. BOARDING AND ROOMING HOUSE - A building other than hotel or motel providing lodging and where meals are or are not served for compensation. BOATEL - Yachtel. BRIDGE - A structure, including supports, erected over a depression or an obstruction, such as water or a highway or railway, and having a track or passage- way for carrying traffic as defined in chapter 316 or other moving loads. EXHIBIT "F" pJanning and Development Generally Sec. 4.1 Quasi-Judicial Authority, functions, powers, and duties. A. The Planning and Development Board shall have the authority and duty to hear and decide, in a quasi-judicial capacity administrative appeals, special \\ .exceptions and variances. ~ B. Administrative Appeals. The board has the authority to hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to the section. C. Special Exceptions. The board has the authority and duty to hear and decide requests for special exceptions. To decide such questions as are involved in the determination of when such speciaf exceptions should be granted. To grant special exceptions with appropriate conditions and safeguards or to deny such special exceptions when not in harmony with the purpose and intent of this section. The following standards apply to the board power to grant special exceptions: 1. The board shall find that in granting the special exception, the public interest will not be adversely affected, 2. The board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made part of the tenns under which the special exception is,granted, shall constitute grounds for the revocation of the special exception and the certificate of occupancy or occupational license associated therewith. 3. The board may prescribe a reasonable time limit within which the action for which the special exception is required shall begin or be completed, or both. D. Variances. The board has the authority and duty to authorize upon appeal such variance from the tenns of a city ordinance as will not be contrary to the public interest when, owing to special conditions, 1997 S-6 3 a literal enforcement of the provisions of the city ordinance would result in WUlecessary and undue hardship, 1. In order to authorize any variance from the tenns of an ordinance, the board must find that: a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district, d. That literal interpretations of the prOVISIOns of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the tenns of the ordinance and would work WUlecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconfonning. The applicant for such variances shall provide an affidavit with the application for variance stating that the above- mentioned conditions exist with respect to the acquisition of additional property. 4 Boynton Beach Code EXHIBIT "E" question prevents signage allowable under the provisions of this ordinance from adequately identifying the business or other activity located on such property. The board of zoning appeals may only grant a variance to: A. Allow a setback less than that required under the chapter; B. Allow the area and/or height of a sign co be increased by up to twenty-five (25) percent of the maximum allowable height or area; or C. Allow the number of signs co be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. (Ord. No. 96-61, ~ 1, 1-21-97) Sec. 2. Exemptions. The permit requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code: J. :1.) S' A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the property line, meet the structural requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. . , B. A single residential yard sign, not exceeding three (3) square feet in area (Beware of Dog, Watch your Step, Name and Address, etc.). C. Window/door signs using less than twenty (20) percent of the total glass area facing in anyone direction. This area is not included in the total sign area allowed under this chapter. These signs are not pennitted in residential zoning districts. D. Political ~igns. These signs must comply with Article III, Section 6.D of this Chapter. 1997 S-5 E. Flags. .r F. Bulletin boards not over eight (8) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions . G. Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two (2) square feet in area. H. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. 1. Tramc or other governmental signs, legal notices, railroaa crossing signs, danger signs and such temporary, emergency or non-advertising signs as may be approved by the city. J. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. ,~. ., ~ K. Vehicular signs. L. Bus shelter signs. % Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter. B. Animated/fluttering signs C. Balloons D. Banners (not including special civic event, recreational, expositional or temporary business identification si2"ns) E. Bus bench signs ~ L F, Festoons 4 Boynton Beach Code EXHIBIT "F" 2. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in confonnance with the comprehensive plan, if the board finds that the variance meets the conditions set forth in this section for granting the same, and the variance would only allow for the construction of a single-family detached dwelling. ~ E. Procedures for Variances, Special Exceptions and Appeals of Administrative Actions. 1. Exceptions. Under no circumstances except as pennitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the applicable zo~pg district, No nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for che auchorization of a variance. 2. Review of Administrative Orders. In exercising its powers, che board may, upon appeal and in conformity wich the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section, and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from 1997 S-6 whom the appeal is taken. A majority vote shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. 3. Appeals from decision of Administrative Official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing wich che officer from whom che appeal is taken and wich the board, a notice of appeal specifying the grounds chereof. The appeal shall be in the form presqibed by the rules of the board. 4. Stay of Work and Proceeding on Appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom . the appeal is taken shall certify to che board chat by reason of facts stated in che certificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a court of record on che application, on notice to the officer from whom the appeal is taken and on due cause shown. ..... . / 5. Hearing of Appeals. The board shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by che Planning Deparunent), a current certified survey accompanied by a fee as adopted by resolution of the City Commission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of Decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Commission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the Planning and Development Board. The decision of the . '- '.-- EXHIBIT ifF" PI~nning and Development Generally - City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or Denial of Application. a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner' and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for reapplication provided herein shall not apply. , ' F. Advertising Requirements. Required advertisements for the applicant's request must appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled Planning and Development Board Meeting, All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hearing. (Ord. No. 97-15, ~ 1,5-20-97) 1998 5-7 5 Sec. 4.2. Additional authority, functions, powers, and duties, as assigned by the City Commission. The Planning and Development Board shall have such additional authority, functions, powers and duties, as assigned to the board by ordinance. (Ord, No. 97-15, ~ 1, 5-20-97) Sec. 4.3 Authority Granted by the City Commission. A. The following applications/types of requests shall preliminarily be reviewed by the Planning and Development Board prior to approval by the City Commission: 1. Annexation. 2. Code review. 3. Comprehensive plan text amendment. 4. Consistency review, 5. Development of regional impact amendment. 6. Height exception. 7. Land use plan amendment/rezoning. 8. Rezoning. 9. Telecommunication towers (waiver or reduction of separation requirements and/or special exception regarding application rejection). 10. Conditional Use Approval. B. The following applications/types of requests that are processed and reviewed by the Planning and Zoning Department shall be approved by the planning and development board: 1. Abandonment. 2. Administrative appeal. 3. Community Design Plan appeal. 4. Concurrency appeal. ..' Boynton Beach Code EXHIBIT "F" ,6 . 5. Concurrency time extension. 6, Landscape appeal. 7. Master plan modification. 8. Master plan time extension. 9. Major site plan modification. 10. New site plan. 11. Parking lot variance. 12. Sign code variance. 13. Site Plan time extension. 14. Subdivision - master plan. 15. Use approval. 16. Zoning code appeal. 17. Zoning code variance. 18. Conditional use approval time extension. C. No action of the Planning and Development Board shall be considered a final action of the City until ratified by the City Commission. The procedure for ratification shall be as follows: 1. All matters which have been reviewed and acted on by the Planning and Development Board shall be reduced to writing as a proposed Develop- ment Order. The form of the proposed Development Order shall be approved by the City Attorney. 2. All proposed Development Orders shall be submitted to the City Commission on the consent agenda at the next regular City Commission meeting following action by the Planning and Development Board. 3. Prior to approval of the Commission consent agenda, a member of the Commission may request the removal of any proposed Development Order from the consent agenda for further discussion, consideration, or public hearing prior to ratification. 1998 S-7 4. The City Commission may table a proposed Development Order which has been removed from the consent agenda to a future meeting date to insure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested parties. r' 5. Following ratification of a proposed Development Order by the City Commission, the City Clerk shall date and sign the Development Order and issue it as a final order. (Ord. No. 97-22, ~ 1, 6-17-97; Ord. No, 97-41, ~~ 1, 2, 8-19-97) Sec. 5. Commission designated statutory phmnine agency. The City Commission is hereby designated as the city's local plmng agency to act on behalf of the city under the terms and provisions of the local government Comprehensive Planning Act, having the _ general responsibility for the conduct of a com- prehensive planning program and the preparation, supervision and amendment of the comprehensive plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said act. .' i \.. . . Sec. 6. Review of board decisions. All decisions of the planning and development board shall be advisory to the City Commission, unless otherwise stated in this Article or by ordinance. Disposition of an application or request made through the planning and development board shall not be deemed final until acted on by the City Commission, unless othenvise stated in this Article or by ordinance. Once final, a decision may be reviewed by the fIling of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed. Any determination decisions of the Planning and Development Board must first be appealed to the City Commission within twenty (20) days after rendition of the decision by the Planning and Development Board, \ \ ',,,-,"" David M. LJyrr.:m. 561i650-7990 ~~[[~~[~b ATTOR....EYS ..T L"'" I~~~~ID ( EXHIBIT "G" e-mail;laymJnd@.gtlaw.com May 18, 2000 ~' R (ilJ J?~_ ~ to ~ i- :;q t-. ~. .~/; MAY J 9 _ . J /1 t,; il:./ VIA FEDEX Mr. Michael W. Rumpf Planning and Zoning Director 100 East Boynton Beach Boulevard P,O, Box 310 Boynton Beach, Florida 33425 PLANNING M'D ZONING Dt:ci+ _I '. , j Re: Request for iVlinor Site Plan Modification for Bovnton Landings Dear Mr. Rumpf: This firm represents CSC Boynton Landing, Ltd., the .mV'ner of the Boynton Landings Apartments (the "Property"). This letter serves as a request :for a minor modification to the Boynton Landings site plan. Enclosed please find a check for $100.00 for this application for the minor modification, four (4) copies of the Boynton Landings survey (we could not obtain copies of the site plans) and photographs of the architectural accents being added to the site plan. These architectural accents were recently added to the Property and for your convenience are shown on the attached surveys plans as red dots. As you can see from the photographs, these accents are an architectural enhancement to the entranceway to the Property. These sturdy poles are painted with Benjamin Moore exterior gloss material and are designed to withstand sustained winds of 120 miles per hour and were installed by direct burial with the bottom 36" section below grade. These architectural enhancements cost over 57,000. We respectfully request a minor modification to the Boynton Landings site plan for these architectural enhancements to the Property. Please call me at 650-7927 if you have any questions or need any additional information. Enclosures cc: Mr. Danny Ruda (w/o encl.) GREE:-IBERG TRAt:RIG HOFDI.\:-l LIPOFF ROSE:'i & Ql.:E:-lTEL. P..-\.. WPe,CA.\;ll'OOF.:707S9r5"JOI' DOC:5IlS'OO;:OMP.UJ.M'lYOX 20629 WEST P.\UI BE.\CH. FLORID.I 33.H6-0629 561-650-7900 F.\x 56 t -655-1)222 777 SOUTII FUGLER DRIVE SCITE .100 E.\ST WEST P.IUI BUCII. FLOIl/D I :1.1~IJl ~ll.\."'l NE'" YOIlK U'\SHI:-IGT(),'I. D.C. PIIIL.\DELPlll.1 S,i.u P.\CLO - c FORT L.Il.:OEllll.\LE WEST P\UI BE.lel[ GilL \.'>10.) TILL.III.1SSEE Bu.;\ R.ITW'i ,/...____--.: I . ..-....:..\ r-::.:..:......~_'. ~..'7 ~m)aT('~lff: DEPARTl\tlENT OF DEVELOPLVIENT Division of Planning and Zoning Building Planning & Zoning Engint!ering Occupational License Community Redevelopment June 1, 2000 David M. Layman Law Offices of Greenberg T raurig P.O. Box 20629 \Vest Palm Beach, Florida 33416-0629 Re: Boynton Landings MMSP 00-033 Dear Mr. Layman: In response to your request for administrative review and approval of modifications proposed to the above-referenced, approved site plan, please be informed that the proposed change sho\.vTI on the revised plan dated 5/19/00 are in violation of the City of Boynton Beach Land Development Regulations. The ten (10) "architectural accents" as described in your letter dated May 18, 2000 . and sho-wn in the photographs are defined as "banners" and as such are prohibited per Chapter 21, Signs, Section 3.D., a copy of which is attached for your information. Please be advised that the existing ten (10) banners are not permitted and must be removed from the site. Please contact me at (561) 742-6260 if you have additional questions. Sincerely, -~iA'&v C2Ji~~alav, AICP Senior Planner Cc: Michael W. Rumpf, Director of Planning and Zoning Scott Blasie, Code Compliance Administrator ] \SHR.DA T A\P!U1nin!\SHA.R.ED\W?,PROJECTS"'SQynton L~dini5\.SaynfOn L.1l1d.iny.s.doc A.merica's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach. Florioa 33-'::5-0310 Phone: (561) 7-t2.6260 F.-\X: (561) 7~2-6259 !fl..lP r' I,;c-c.:tl v ~lBrT"H" 4 Boynton Beach Code question prevents signage allowable under the prOVIsIons of this ordinance from adequately identifying the business or other activity located on such property. The board of zoning appeals may only gram a variance to: A. Allow a setback less than that required under ehe chapeer; B. Allow the area and/or height of a sign to be increased by up to cwenty-five (25) percent of the maximum allowable height or area; or C. Allow the number of signs to be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter. (Ord. No, 96-61, g 1. 1-21-97) Sec. 2. Exemptions. The pennie requirements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject eo other provisions of this code: J.~2[' A. Real eseaee signs noe exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs muse be set back cen (10) feet from the property line, meet the strucrural requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. B. A single residential yard sign, not exceeding :hree (3) square feet in area (Beware of Dog. Watch lour Step. Name and Address, etc.). C. Window/door signs using less than cwenty 20) percent of the total glass area facing in anyone irection. This area is not included in the total sign rea allowed under this chapeer. These signs are noc emtiaed in residential zoning distric~. D. Political signs. These signs must comply ith Article III, Section 6,D of this Chapcer. 197 S-5 E. Flags. F. Bulletin boards not over eight (8) square feet in area for public, charitable or religious institutions when the same are located on the premises of such instirutions . G. Occupational signs denoting only the name and profession of an occupant in a commercial building. public inscirution.al building or dwelling house and noc exceeding cwo (2) square feet in area. H. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or other incombustible materials. I. Traffic. or other governmental signs, legal notices, railroad ,rossing signs. danger signs and such temporary, emergency or non-adve:cising signs as may be approved by the city. J. Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. K. Vehicular signs. L. Bus shelter signs. Sec. 3. Prohibitions. The following signs and related equipment are prohibited in all districts: A. Any sign and/or sign strucrure which does not meet all the criteria set forth in this chapter. B. Animacedlfluaering signs C, Balloons D. Banners (noc including special civic event. recreational. expositional or temporary business identificacion signs) E. Bus bench signs ,. . F. Festoons , ( (-- EXHIBIT "H" 5 General Provisions jewelry and the like, but not used merchandise generally. No outside storage or display shall be permitted in connection with such uses. APARTMENT - A room or a suite of rooms occupied, or which is intended or designed to be occupied, as the home or residence of one (1) individual, family or household, for housekeeping purposes. APARTME1""T, EFFICIENCY - A dwelling unit consisting of one (1) room, other than a bathroom, and providing cooking facilities. APPLICA.~"T - See .. Developer. " ARCADE - A permanent, roof-like structure open to the weather on one (1) or more sides, constructed of rigid materials, which is cantilevered from the building wall, attached to and supported by the exterior building wall or supported by freestanding columns or pillars. ARTERIAL ROAD OR STREET - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobiliry importance. In addition, every United States numbered highway is an arterial road, and every street shown or described as arterial according to the current or most recent functional classificatlon contained in the Cicy of Boynton Beach Comprehensive Plan, as adopted and art1ended, is an arterial. AUTO PARTS SALES (RETAIL) - Sale of auto partS from a 'commercial establishment for installation and use off-premises. AUTOMOBILE - An automobile or motorcycle, as defined by the rules of the Florida Department of Highway Safery and Motor Vehicles. AUTOMOTIVE SERVICE STATION - The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels. A ""NING - A structure made of cloth or metal with a metal frame attached to a building, when the same 199i 5-5 is so erected as to permit its being raised t.o a position flat againsc the building when noc in use. -. BALLOON - A container made of non-rigid material filled with air or gas and designed to be tethered. BA.J.~"ER - A sign having the characters, letcers, illustrations or ornamentations applied to cloth, paper, film or fabric of any kind, with only such materials for a backing. Banner shall not include national, state, municipal, civic or church flags, awnings or canopies. BAR OR COCKTAIL LO~GE -Anestablishmem which serves or includes the serving of beer, wine or liquor to patrons other than in conjunction wich the serving of meals. BICYCLE~PATH - Any road, path or way chat is open to bicycle travel, which road, path or way is physically separated from motorized vehicular traffic by an open space or by a barrier and is located either within the highway right-of-way or within an independent right-of-way. BILLBOARD - A sign normally mounted on a building wall or freestanding structure wich advertising copy which refers to something ocher than the name and primary character of the business on the premises or is located on a remote site from service or site referred co by the sign copy. BLOCK - A parcel of land surrounded by streets, waterways, railroad rights-of-way. parks or other public space. BOARDING A.~1) ROOMING HOUSE - A building ocher than hotel or motel providing lodging and where meals are or are not served. for compensation. BOATEL - Yachrel. BRIDGE - A structure, including supportS, erected over a depression or an obstruction, such as water or a highway or railway. and having a track or passage- way for carrying traffic as defined in chapter 316 or ocher moving loads. OCT-16-~e 1a:12 AM CODE COMPLIANCE - - ~ - . . ;. __ CITY OF BOYNTON BEACH 2_." .... 100 c. ao,rilal seen lblInwd . 'i.~' . . ,-"~ ' ~ OraI/lIIIIn . ". lIllI/I1lm IladI. Fl :l3oI.3S . .:. '.' ..., .,. QCountyC4dl . (S61)3~1211 ~"08 "00364 FlORIDA UNIFORM CODE CiTAtioN .' . lIII \fIItrtIpI ~ M 1lI_,.. n1--. ~ a...... ~.. ~,. ~ - ~~,";I 0 7 . .1 d~- ':bo~.~'I~I;~:: ~iJi IlL. ~. ..R /f;/n7'o;,""'L t;;':c/''';.;;,cj~'~ J:.",;:; ".~~=.:;;'~ ~/ - ..' ," .' A / (' (")/] 'r;,'.,-: r s . :~O~..:~ !:1j-: .' ~~ ~ 7' ... lip. B61 "St'on' e;;;',c'i;' 'n;::7J(iJf::~ '-:: .B~ /1;; ;-r 7" C; ~ c.' 716 .r:: ;jl~'l;i Vo.;;,,~ T f/l...., ".1: ...:.j~""_4P,"'I""" -,,=t ~~~~/~~~:'J~;Y..t(. ._ _ i'",. """:';;~~iff.. .; ~~ - ~ 7,0 --., ~' ..., .. -. ... -, ~ ~ -..1'1 -~- /-/ 7 "'B;j;;';'t~.~ . L~ ,;;I;;:;F~~';;''''~~':~' ,;) t:: U . e.. A :. '. ,;;,_;.:-......ii... . uplD ~ . ~.::. .~:~.;;.;,~ ~~;.::~,;~ :r~! FfM.1...-.nla..pW~c..."" / -// ........ '..-' .,'.......~'... &--"-5 ,~ (_ / . ".'0,... :I... ~"'.:.....:'T'_ ~ ~. '.~',' __' .' '" /.J 3 c c. . .' A ~ THI cIIIlM III __ ~. Sctklft 1&Ul. F1arida SldnI. Tbt rio*lIan Illr IIftIdI J'llll" ~ III & dwllI!frac:tian. Yow..,..,.lMIIlw'" IIIlt ~.. --- M iuIIl.', '--. ..... ...... a Ilgft MCI -.. lNI cItlIISan 1& . -' ~ llMlllI' 01 ..,. 2:'Id ... .. _ ~ s.~ ar771lll3!'b1oi1SlC1L '--'''10..,,.,. ~cM peMftyor...... .' Mlne 1ft>In lha ad 1Il1tla c-t .... lQ .,.. INlI aw.aIIltIt . ..... aI ,... ~ :i) corftR . hi CIIIion, MId JIapn ..., e. el'IIIInd IIplnIIt you for 81\ -.II 01 ~ lID ISllIL pet Inftcllon.. .::, ~" .. ..... ~. ,... .... .'--'., . .... . .,,' ..... .j "'_ . .~~... ,.,. .....'~...\ "'Y'!:':'':..:'''':~': :,-,,~.,,"_' '.,.'-~, ~t..U .~ ',rn~ ~~J ":';'!::Yl .... !.,..~, ~"",,'l!'" ." ........- . , , .' ..s..' ____. ..- _ ':.-,..',.:, ...., , .. .DA1CIf1IIEOFISSlJ.lNCf .~ /'. " ' .' "" L, c./ "~',f,-:-- /."~ .;..;'.; / . .........d~ Ul., ~ ...-.',' .",',0 ... \ . ~ . C<:.) c. ,.~'" /7 lIII' .( .'"r.",. -- ~.i j' (/ ~..'Ic. (/.._~).,./t;;.. ,,,?;:..' 1WII.~ ' WKTII a.n_ 1'II.l.DW/_ . ._f~~ . a.l.IE/CIId'.ona .. . EXH"iBIT'T". 5617426838 p.e2 ~-,r . -~'"!.~~.!rr.'~:--"i- "~:-:-,'''T;~.~.-!~.~~~~." . '.: ~ . ;:Crrv'OF eOYNTON'BEAC'H" "~'. ::~;: " ~ '. ,.'.::r. ;.....~ .' ". . . .... ! / ---"'-::1"-- ~ ". .'. ....IOOE~BItlCI~ ,~ .." .', .,..;.L. a Qty Ordl....".,.. .' ::"'-":~"~ e-ft,R.33435 ....' :~.:':,,,.; :~..; "' a ~ ~ FLORIDA ~NI;;'I~;~D:tg~16e 111 ThlIIldnipf cdM.. ,...~~ ~ ~ ~ ~.~~. ~ ~_~ w....., i,~"'::'''''~;'''';V~''--T?::2'';'''' ..lb06"f J-,::i.,)t.~ QU ',. ~. .to {.. .~ '. '~Rdr. ~d;" ".~! lB" ~;~""";'~'-Al ~.~~ ~'-"" .... ~ ~~ rl. '__~~~j .:.~.: ":._~:;""~~-. ~ 3~"Yb:>c~yT7/"~'<;~'<N'.ve:,. .. _.:..;._...'11!.,..". d;.'" ~..,~i=l:.._~.~~'3:j'c.ji~ /3:;/j;:j;;,;o ",:t:;.i ~ /?4 TG,~//owecl . ... ~.....;. ..... ."_... . ., :. ....4.~' ':- .. :.. ..'" ...,~~ n.:.::.~~;2;.,t V '1;;.:" ,~,~.;:.ij~.~;,I...~!"~. :~~iL~~/,;U" .s<=~_:s LJ ,.:"~ ~. ".~' ~. ~..:". ?l::..... .~.;,.. ~i7'.r..:...;~;. ~ .{.~. /f/D/'f.4 .. X!?4:l7-:, of"" /),37.1. n:;~ ";~'(AA.;.:<:: i> .......101:....... I, ,,"~.:_ :':~...... , . c::.aJlIc.Illan . ';'..: ~ '. ~, ;,.. '4l _ .L,.:;,::; ...:.':.' ;;::-':~:,. n. Finl,11..hMllltO*",piuI$lc.... ,.. ,., -'- t/ !:!;..c<:ir:;.-:":':", .~:1I1';j1,q~;Q AIIllNlI:I . 0(.. . ., .~.;;? ;.!: '.~ TlliI CI'IIlIen '-....., plIfNft'iD ~ 1SU1,1'lriM SlIUI. 1"- ~ Illr ..... ; , .)'011 - C'-JId ~... ill1nc:daIL 'flN.r......lleloor cto.lIlIC ......111...- rII gu ," '--...u........... Iftd 1CllIpI1lIII dIItIollll amllclllil_lllf tlllle 2M do9w ' :. . pnridIId s.m.c (JI ~ I'lriM SIIlID.,..,.... PIr IN ~ c:MI panajIy 0l'1WlIat : . '-ri"'ll ""'" 1M en olIN c-t 1l1l*I10 .1IIaII candlIItt. __ fIIr- rltftt:o oarU< ;..:~ CItlliOll.IIlll.....1lw, be.......- you lof an_ ..... S3GQ. i* IIIllICllan 1-" . .. ~.' ...~.: '~ ...r>~:)t; :.: ~ ,.~,;,.j ': .:':; ~:: ;;.~:<-.;.:~. ::':.~~;::' ;~:~ .,:...;\.:' . ~.,r}I' "-q(.:~ ,;'y~(::___ ~.. ..... -'~"~."" ':'",:.,,", "'~-- /, .; ~~;C" ~. "2ij.'i"~ CAr~~~~E ......"'_ U1.' ,~... ...~..::'->' .;;',0 AM (7:Zfr~St/ rtC/~7 . 3: 2S-:- .,E'f. -- -- ... (~"('~.~~~~c-r '0'-("';;._ ell.. ."-:' WKTE/OIIn 01Iloo n:u.0'6 j hIWMI PlN(fc.-_ atl!1 a.n 0lIlI:lI ._""--~~-~ . ~. . -~a:.;.tod~-Io :i-. " o oHttNHt~H .. ':" T .f ft' ., t l:o 4 or L. A -I J~~~~ID c~ EXHIBIT "J" ,. ("~.,,~ hi I 2ynur. So 1/050. 7~~(J e.lfI~.1 ~:JYIH~.i~,( ~:1~..... "':..JITI Jun<: \J, 2000 VI ~ TFTF.F ~x - 742-1'\259 Lusiz Galav, ArC? Senior Plannt:r City ufBoynlon B;:ach D<=pa.'1menr of Developm.em Di visivn of Plannmg a."ld Zomng 100 East BOj'mor: Beach Boukvard Bcynton Bc:a.ch, FL 33425 R~: Boynton Landing~ M.\tSP 00-033 Dea.: Ms. G~l:1v: .' 1 :-eceiveJ your le!ter ::\Jncemir.g Boynton La;:dmgs Also .:l.t!;;1chcd IS <1 City of Boymon Beach Code CiraIlon welch W2.S i5S~d Jun.e 6. 2000, j!:.st a day or rwo after 1 recel't~~d"yoL.;r idt~r in th.e mail. _ r.am suteir is. the: plL.-pose of your Code to prohibir obnoxious, ugly b~""U1c:rs wnh words like "Renr M~" on th-:m. nOI the v;:ry attraCtive stancPjons located ;!t BoyntOn Lancmg, wnlcll include cloth di:conl.Lio~~. .. Your Code specifically excludes from th:: ui:finlLion of banners '"expositioniZ" signs. -The wo.d "ex?osition" is detln~d in [he dictionary as someL~ing design:::d [0 co.nvey inionnation. Th~ cLoth ar.ached to rhe stanchions at Boymon Lancing include rh~ words "Boynron Landing", 'specifically conveying information to the: public, Th~s~a:chiIeCtuIal accents are quite anracIlve if you 'Will t3...l::e th.e tim~ ro se~ rhe-:n. 1 do not believe that thc:y are prohibir::d by your Cod~. they are arrractiyc ~'1d I ""QuId request th~" YOI! recor.sider. , , D~fL/lm cc: Michael Rumpf (via telefax.) Ja:rnes A. Cherof. Esq. (via !eWax~,,,= TJ:'~K...... P.A l".lJ 8,,~ 2Uo~1I '\VbT P..UI Br"cH, ~'-"ICI"A :q'lll>-IJ<.:!Y ~t;1.~50.:'Ioo FAA )6.t.~5S.6.:2:: __.... .u.... ,.vOl :';~ 50\oin. .!'"",-,C1.t.II D,uYf ;~,,-:'~ 300 .E",~!" W!'Jt" P,L... 1St.....:"? Fp.ll'uf'"" ij-luJ. MI'.... NEW Yenl.. \I.''='''''''.'{;'1u'. 0.(" A'.....\~'r, PUl:....DEL....u" 'L"t.a;'''~ t:""''\tK 5",0 fo',,,,,L.O f'QD.J ,L...4..IJt.:XU..lt. ~r"ll P"'tll Bt.A.l...iI OZElA..'\OG TALL..AH.':.i~1" Hut'" R"'T'J~ TUL -17~:-': '~~ .. "':-. ""0- _ _ ~ . .._I . __~"':'.w1""...r"1 .. -' -. - .' . .. aTYOF~~ ---~~cw' 1 , <<It!...,.......L-.- ~ Q c:ftr Croll J 1 " ...,........ ~ I . QQlaRlJC* 1I5Il". Ho.08 00371 \ FLORIDA UNFORII CODE CITATlON ! &-............--'-..---- I [ 10'71 /7 .J~;OQIE'.~~! I.f}'o?n-T~': t.O/'f~~yS~ I 230 C( Iv' Lon9/'~ frU e I ~r~~ ~N(~ A: r.?f~J"C I ~:. 1 ..-] - J -! B j l _ aft/] er. UI" ~ ,A..) 0 T 1 ~ O~'Lf}e('/ >/7 -~~ r;~t- I ~ . a~ (i-;J...~87 _1-'- S;"c :3 0 d~' 1 ~../nrft ~~r ~;t//~ r.>./',D-~t?~~-t,v \ \ fZ:ll--'''.$SlO~~ t ,.......... Ie.,.... sa C/lIIIla j 1---=$::( JP ~} u I IIICM: THI...1I __~_~ IIUI........... n. .w.DllI\......... \ ,-_.........dlllIIhCIIIa ,.................-----........... ' ~~............-..._clIIIbI.. 'I 1 rfl....2N..... I ~s.~........-.......PII1'...~ dwI."""" ......... : ...........onfl..c.-...W- .........,....tf~ np....... I _.......~t1 ~...,__.............IIt_"""". tl:I__ per~ i . I r- EXHIBIT "K" Q<.' ~r~..r.s ~ ~... . Jt/ I l ~ OfISSllMCl 1 I Q" I .:~ { ~;~l I . <Z" ~--". \. 0A"4 /::---~ .......,c:... to.. J ,.. . r....J.. /.,......., -' . ( /'"Yn,lrc,1' {.~l"'7' LIJ'.{ ",..- / - I (;'d f' t" I'\.t?! ...,! ,,'/j J Pc. " ..0lW" j f ~100Ift--~""'" Fl&IOlOtL t .... -.,.. ... - -.... -- '.-' ...-" -.. .-" - .' ....." ~t~_ T~T~1 ~ - ;;"':: .. ~@1mtflLII DEPARTMENT OF DEVELOPIVIENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevdoprru!nt June 20, 2000 Mr. David Layman Law Offices of Greenburg Traurig P.O. Box 20629 \Vest Palm Beach, Florida 33416 Subject: Boynton Landings MlYfSP 00-033 Dear Mr. Layman: I have re-examined this situation that involves ten (10) barmers hung on individual poles at the entrance to the above-referenced pr'oject. I understand that no attempt was made to obtain permission from the city prior to erecting the poles and barmers, and that you are now requesting that the new elements be considered as some type or signage rather than simply a decorative banner. Since the new features indicate the name or the subject apartment complex, I must agree that they represent a type or sign. Furthermore, in my opinion, the features have an attractive appearance. However, the city's regulations clearly prohibit banners as signage, and the definition for a "barmer" matches the features that your client has displayed at their entrance. I also must q.isagree v.-ith your argument that the city's regulations are intended to address obnoxious barmers or pennants rather than pure signs, as the definition of a banner refers to them as "signs" which are objects used to promote a business. Notwithstanding the definition of a banner and the prohibition of same, I must also indicate that given the fact that the new features are "signs" (as they advertise a place of business), they represent an unapproved modification to the site plan for the subject project, they represent a significant addition to the maximum sign area for the project which has nor been reviewed, and are subject to the basic sign regulations such as setbacks. Furthermore, based on the argumenr that Planned Unit Developments (PUDs) are nor subject co all regulations applicable to properties within conventional zoning districts, but may be revie\ved on a case-by-case .basis, you may think that the subject banners are not subject to the same America's Gateway to tlu Guifstream 100 E;Jse Boyneon BC:Jch Blvd.. P.O. Bo.'< ]10 Boyneon BC:Jch. Florid:! ]].1:5.0]10 Phone:: (561) 375-6260 FAX: (561) 375-6259 (":""' ~ r- EXHIBIT ilL" p~ohibitions applicable to other zoning districts. Regardless of this position, I must indicate that staff will exercise extreme caution when reviewing a site plan modification request which represents a deviation from conventional code (and our responses to prior similar inquiries), given the possible precedence that may be established which could unintentionally justify the approval of subsequent banners, which may not be as visually friendly as your clients features. With that explanation, and considering the investment made by your client, I suggest that you relocate the banners to the interior of your project where they would not be construed as project signage, but rather used as site decorations or enhancements for the lakefront, recreation area or sales office. If you still desire to pursue the approval of the signs where they are currently located, you have the option of submitting an application for Code Review which is a request to amend the city's regulations. If you desire the latter, please contact this office to set up a pre- application meeting with staff. Sincerely, ---j-'t,. ~ I .-:> / :.../ <-./ <'- Michael W. Rumpf MWR/rrl Cc: Nicholas Igwe, Assistant City Attorney J:\sHRDA T A\P!."nin~\SHAJlE!JIW?\PR01ECTS1BoynlOn L.utdin!pu'.ym>n 6-:0-~O doc r o~ff~~f~o ATTOR:'IEY5 AT LAW r~~~~/D r/.,v ." I . r- UU -1../ V I ~.' EXHIBIT "M" David M. Layman, 561/650-7990 e-mail: laymand@gtJaw.com June 29, 2000 VIA FEDEX Mr. Michael W. Rumpf Planning and Zoning Director 100 East Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425 Re: Request for Code Review and Appeal of June 20. 2000 Determination Dear Mr. Rumpf: As you know, this firm represents CSC Boynton Landing, Ltd., the owner of the Boynton Landings Apartments (the "Property"). This letter serves as an~application for Code Review and an appeal of the determination made in your June 20, 2000 letter regarding the signs located at the Property. We respectfully appeal the determination made in your June 20, 2000 letter on the same grounds originally set forth in our original letter to you requesting a minor modification to the site plan for the Property. Enclosed please find a check for $200.00 for the appeal fee. We desire to pursue the approval of the signs where they are currently located and, accordingly, we also request a Code Review. Pursuant to Chapter 1, Article VII, Section 1. B. of the Boynton Beach Code, kindly forward our appeal with the documentation we previously provided you with (i.e., we bad previously provided you with (4) copies of the Boynton Landings survey and photographs of the signs) to the appeal board for placement on the board's next available agenda. Please call me at 650-7927 to set up a pre-application Code Review meeting with your staff. Enclosure cc: Mr. Danny Ruda (w/o encl.) 1l,7!liCA:-IrNOF!:70759/SsxJOII.DOC:6i19/00i:0811 013800 GREE:'>IBERG TR..U;RIG. P..-\.. P.O. Box 20629 WEST P\UI BEACH, FLORIDA 33416-0629 561-6.~0-7900 F.\X 561-655-6222 www.gtlaw.com 777 SUUTH FUGLEll DRIVE SUITE 300 E.\ST WEST PAUl BEACH. FLOR1D\ 33401 :1<11,\0\11 NEW y,)RK W.\Sf!I:'o'r.TO:'o'. D.C. .-\.TL.\,';T\ PIlILADELPHI.\ TV50:'o'S COR:'>IEII Si.o P\L"L,) F()[lT L.\UDEllD.\LE WEST P.\UI BE.\eH ORlA.'1DO T\LL.\f! \SSEE Buc.\ R.\TO'i' - David :li1. Layman. 561/650-7990 n~ff~~f~o ,\ T TOR ~ E Y S ,\ T L.\ W I~~~~ID EXHIBIT "N" e-maIl: laJmand@gtla~"'><:om August 2, 2000 VIA FEDEX I'm R ~ rf \. \:;7 ~ r.., o ~ ~ ~- ----- , I G-cc~~::~ - Pit;N~ir:~ (: 'C' Mr. Michael 'vV. Rumpf Planning and Zoning Director 100 East Boynton Beach Boulevard P,O. Box 310 Boynton Beach, Florida 33425 Re: Bovnton Landin2"s: Appeal Dear Mr. Rump f: Thank you for taking the time to meet with us this morning. As you know, this firm represents the owner of the Boynton Landings Apartments (the "Property") and \ve have a pending application for Code Review and an appeal of the determination made in your June 20, 2000 letter regarding the signs loc"!-ted at the Property, We were shocked that you stated that our appeal had been denied because it was deemed to be untimely and were therefore unprepared to discuss this issue at this meeting. As we mentioned during the meeting, we had filed the appeal, paid the $200 appeal fee, inquired in \vriting as to the status of the appeal (please see my July 18, 2000 letter) and therefore reasonably thought that the appeal had been processed as the check was cashed and we had not heard anything to the contrary until this morning's meeting. As you know, Chapter 1, Article VII, Appeals, of the City's Code provides in pertinent part that:, , "B. FILING. Appeals shall be filed within fifteen (IS) calendar days after rendition of the order, requirement, decision, or determination with the official from the whom the appeal is taken specifying the grounds for the appeaL. . ."[emphasis added] Based upon our review 0 f Chapter 1, .Article VII, Appeals, of the City's Code, we believe that your statement today that the appeal was not timely filed is incorrect. Specifically, the appeal was an appeal of the decisions made in your June 20, 2000 letter. The appeal was filed on June 29, 2000, well within the 15 day appeal period. Thus, we respectfully request that this appeal be processed. In the evem that your decision regarding the appeal is not changed, please provide us with the decision in \vriting so that we may request an appeal of that decision as \velL GREE;>j'BERC TR.'URIC, P..-\. P.O. Box 20629 W'EST P.-\Ul BE.-\CH, FLORID-\ 33.U6-0629 561-650-7900 FAX 561-655-6222 www.gtlaw.com 777 SOUTH FLACLER DRtYE SUITE 300 E.-\ST WEST P.\UI BUCII. FLORIDA 33401 MIA.WI NEW" YORK W\,III:'1';TON, D.C. ATL.\:n.\ PHIL.\DELPHt.\ Tvso'ls COR.'1ER CIIl~.\f;O S \0 P.\ULO F'JRT L.~l:DERD \LE WEST P\UI BE \CH ORL.\:'IDO T\LL.\H \55r.E 80C,\ R\TO'l Mr. Michael \V. Rumpf August 2, 2000 Page 2 EXHIBIT IIN" Please call me at 650-7990 if you have any questions or need any additional information. SlJtincere. '~ly~ I . IH D 1 ~ . Layman cc: James A. Cherof, Esq. """B1CANl:-;OF~707S9ISsx.l0 I!. DOCiSI02'OO/2081 1.0 I J300 ....The City of , Boynton Beach EXHIBIT "0" 100 E. Boynton Beach Boulevard P.O. Bo:r310 Boynton Beach, Florida 33425-0310 Office of the City A ttorn<:JI . (561) 742-6050 FAX: (561) 742.605-1 August 7, 2000 David M. Layman, Esquire ~ Law Offices of Greenberg Traltig P.O. Box 20629 West Palm Beach, Florida 33416-0629 .... J,;-; :1 ..-:. II ~'ll~A_.w : I ~{ ,l . ~ j 1 ! .i ! I, i i \. . "_. ,. ._; -.. J .... Re: Boynton Landings Appeal Dear Mr. Layman: This is in response to your letter of August 2, 2000 to Mike Rumpf, Director of Planning and Zoning, requesting that your appeal of an administrative decision denying your request for modification of approved site plan in the above referenced development be processed. Please consider the following: On May 18, 2000, you sent a letter to the City asking for a minor modification of approved site plan in the above referenced development. On June 1, 2000, the City officially denied the above request through a letter to you. Further, the letter advised that the proposed modification to permit banners on the premises is prohibited under the City Code. On June 9, 2000 you sent a letter to the City, asking the City to "reconsider" its administrative decision denying your request for miflor modification. On June 20, 2000, the City sent you a letter denying your request for "reconsideration", That letter also advised you of your option to submit an application for code review. On June 29, 2000, you sent a letter appealing the June 20, 2000 letter denying your request for "reconsideration" and also asked for code review. The City's Land Development Regulation (LDR) permits an aggrieved party to appeal an administrative decision of a city official. Under LOR, Chapter I, Article VII (B), an appeal "shall be filed within 15 calendar days after rendition of the order, requirement, decision, or determination with the official from whom the appeal is taken". Nothing in the City Code authorizes an aggrieved party to seek a "reconsideration" of a decision of city official. Under Florida Rules of Appellate '~n Equal Opportunity/Affirmative Action/ADA. Employer" EXHIBIT "0" Procedure, a motion for reconsideration of a decision does not toll the time period for filing an appeal. In this instance, your appeal clock started running from June 1, 2000, when the City officially notified you of denial of your request for modificatio"n. As stated earlier, nothing in the Code allows for "reconsideration" of an administrative decision and thus the appeal clock could not have commenced from June 29, 2000 when you asked the City to "reconsider" its administrative decision. Therefore, it is clear that your letter of June 29, 2000, seeking to appeal the administrative decision was untimely as that letter was received more than 15 days of the June 1, 2000 decision denying your proposed modification. Please be advised that the City does not customarily hold checks and that checks are processed and cashed as they are received. Therefore, the City is currently processing the return of your $200 appeal fee. Further, staff is ready to assist you in moving forward with your request for a code ,review whenever you are ready. Should you have any additional questions or comments on this matter, please contact me directly. Very truly yours, ~'l cSA(L, ~~, - L ('-, C-J '1l./~ Nicholas I. Igwe, j Assistant City Attorney NII/mlr Cc: James Cheraf, City Attorney Mike Rumpf, Director of Planning and Zoning Llisia Galav, Planning Coordinator Ca/dept/planning/boyntonlanding/Layman Ltr o~[[~~[~o ATTOR;'<EYS .<T LAW r~~~~lo EXHIBIT "P" TIMOTHY W. SCHULZ WEST PAL'vf BEACH OFFICE DrRECT DIAL: (56 I) 650-797 I Email: schulzt@gtlaw.com August 21, 2000 Bv facsimile COPy 742-6054 and U.S. Mail -- ~ - iJL~l;..; ,-:;- '" : ....--.__ ?..,.\,,~~~i"';r..ti,~ ---~ ')~oT- -----.~.._-- . Nicholas 1. Igwe, Esq. Assistant City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. Post Office Box 310 Boynton Beach, Florida 33425-0310 RE: Boynton Landings Appeal Dear Mr. Igwe: I have reviewed your August 7, 2000, letter to David Layman of this office regarding the City's opinion that the appeal filed by Mr. Layman was untimely. I disagree with your assessment and would ask that the City reconsider its position and submit our appeal to the City Commission, the appropriate body to hear such an appeal. After reviewing this letter, if it is still the City's position that the appeal was not timely filed, and that the City will take no further action on this appeal, please contact me so that I may move this issue to the next appellate level. On May 18, 2000, Nlr. Layman sent a letter to the City of Boynton Beach requesting a minor modification of the approved site plan for Boynton Landings. The City denied this request on June 1, 2000. On June 9, 2000, Mr. Layman sent another letter to the City requesting reconsideration of its June 1 st decision. On June 20, 2000, Michael W. Rumpf, Director of Planning and Zoning for the City of Boynton Beach, responded to rvfr. Layman's reconsideration request. It was Mr. Rumpfs decision on June 20, 2000 that Boynton Landings appealed on June 29, 2000. On August 2, 2000, Mr. Rumpf and Ms. Lusia Galav, Senior Planner, met with 'Mr. Layman and Felix Canino of our office. It was at that meeting that Mr. Rumpf and Ms, Galav informed Mr. Layman and Mr. Canino of the City Attorney's decision that the filing of the appeal was untimely. In a letter to Mr. Layman dated August 7, 2000, you again stated the City's position that the "appeal clock started running on June 1, 2000, when the City officially notified you of denial of your request for modification." Based upon that reasoning, it is your position that our appeal was not timely filed. We respectfully disagree with your position. GREE:'<BERG TRAURIG, P.A. P.O. Box 20629 WEST P.U:.t BE.\CH, FLORIDA 33416-0629 561-650-7900 FAX 561-655-6222 ww.....gtla.....com 777 SOUTH FL.~GLER DRI\"E SUIT.. 300 EAST W'EST P.,L:.t BEACH. FLORIDA 33401 NE'" YORK WASHINGTON, D.C. ATL.':'<TA PHILADELPIII.' Tyso:,<s COR:'<EH CHICAGO BoJSTO:< PIIOE."'<lX WrL.',fI:-lGTO;'< Los A:<GELE5 DE:<\'1::!l 5,\0 P'ULO FOHT L.H!DERD.'LE B')<:'I R.\r'J.'i WEST PU)f BEACH ORL~ND') T\LUILlsSEE -';.~ . EXHIBIT "P" Nicholas 1. Igwe, Esq. Assistant City Attorney City of Boynton Beach August 21, 2000 Page 2 Chapter I, Article VII, Section I.B. permits an aggrieved party to appeal a decision of an administrative official by filing the appeal "within fifteen 15 calendar days after rendition of the order, requirement, decision or determination with the official from whom the appeal is taken..," A common sense interpretation of this provision reveals that our appeal was timely filed. \Ve are seeking to appeal a decision of an administrative official (Michael Rumpf) and have filed such an appeal within 15 days of his decision made on June 20, 2000. We notified the City of our decision to appeal on June 29, 2000. Article VII, Section 1 itself is entitled, "Appeals from decisions of an administrative official." The City Code does not specify at what level on the administrative ladder a party must appeal from. It simply provides the right to appeal a decision by an "administrative official." Literally, what Article VII, Section I.B. provides for, in this case, is an appeal of a decision by an administrative official. That is precisely what we are doing, appealing from the June 20th administrative decision by Mr. Rumpf. You also point out in your August 7th letter that nothing in the City Code authorizes an aggrieved party to seek a "reconsideration" of a decision of a city official. And you note that under the Florida Rules of Appellate Procedure, a motion for re- consideration of a decision does not toll the time period for filing an appeal. First, if it is your position that there is no procedure' for seeking reconsideration of a city official's decision, then the Rules of Appellate Procedure do not apply. Second, if the Rules of Appellate Procedure do apply, and I believe that they do, I would direct you to Rule 9.020(h) concerning rendition of an order. An order is rendered when a signed written order is filed with the clerk of the lower tribunal. Rule 9.020(f) defines an "order" as a decision, order, judgment, decree or rule of a lower tribunal. And, subsection (b) of Rule 9.020 defines "clerk" as the person or official specifically designated as such or, if no person is so designated, the official or agent who most closely resembles a clerk in the functions performed. Therefore, assuming your position is correct for the moment, and we disagree that it is, before an appellate expiration date can be ascertained, it must first be determined when the June 15t decision was actually filed with the Clerk or person so designated. Despite your contention that no procedure for reconsideration of administrative decisions exists, a review of the June 20, 2000 letter from Mr. Rumpf to Mr. Layman shows a complete reconsideration or "re-examination" of Ms. Galav's June 15t decision. Mr. Rumpf begins his June 20th letter by stating, "I have re-examined this situation that involved 10 banners..."(emphasis added). That is precisely the issue that Ms, Galav was dealing \vith. And a Thesaurus gives the meaning of the term re-examined, and a synonym for it, as Grn-:E'dlEHr: TIl \un,- -J.:;:' .. EXHIBIT lip" Nicholas 1. Igwe, Esq. Assistant City Attorney City of Boynton Beach August 21,2000 Page 3 reconsideration. \Vbatever the semantics, Mr. Rumpf clearly reconsidered Ms. Galav's June 1st decision. Mr. Rumpf, the Director of the City's Division of Planning and Zoning and Ms. Galav's superior, did not simply reiterate what Ms. Galav stated in her June 1st letter. Rather, Mr. Rumpf took an entirely new look at the applicable City regulations and all documents submitted in our application for a minor modification. He determined that the "banners" represent a sign, an issue Ms. Galav did not address. He conducted an analysis of the applicable city regulations and made findings as to why these "signs" were not permitted by city regulations, something else Ms, Galav did not do. He went further and found that the "signs" represent an "unapproved modification to the site plan for the subject property," a "si8!1ificant addition to the maximum sign area for the project that has not been reviewed" and that_ these "signs" are "subject to the basic sign regulations such as setbacks," all new issues and ones not addressed by Ms. Galav. It is, therefore, very clear that Mr. Rumpf undertook a complete reconsideration of Ms. Galav's June 1st decision. Even if City regulations do not spell out any procedure for obtaining reconsideration, they do not prohibit such actions by City officials. And it is our position that once a Division Director reconsiders or re-examines an earlier decision by a subordinate city official, that Division Director's reconsidered decision is subject to appeal within 15 days. We also take issue with the manner in which this appeal was handled and, as a result, believe the City of Boynton Beach has violated our client's right to due process. Chapter I, Article VII, Section I.B. requires that within 15 days of a decision, the appeal shall be filed with the official from whom the appeal is taken. The administrative official is to then prepare the record and forward the record and appeal to the appropriate appeal board for placement on the board's next available agenda. Subsection D.2. of Article VII provides that the "City Commission will hear and decide appeals of administrative decisions or determinations in the enforcement or administration of major/minor site plans. And subsection 4 of Article VII grants an aggri,e,ved party the right to appeal a decision of the City Commission to the Circuit Court. In this instance, our appeal and accompanying record was never forwarded to the City Commission, in violation of Chapter I, Article VII, Section I.B. Additionally, we have never even received a ""TItten response from the City regarding our appeal. Moreover, the City Commission is the appropriate body, sitting in its appellate capacity, to have determined that our appeal was untimely filed, not the City Attorney's Office. The City Commission could have certainly asked for advice from your office, but a written Commission decision should have been issued regarding the timeliness of our appeal. From that Order we could have appealed to the Circuit Court. As it now stands, we have no written decision to appeal as the proper appellate procedures were not followed by the City of Boynton Beach. C II E E .'Hl E R (; T R \ C R I (; _4,......:. " . ..... Nicholas I. Igwe, Esq. Assistant City Attorney City of Boynton Beach August 21,2000 Page 4 EXHIBIT "P" I recommend the following, that the City of Boynton Beach treat our appeal as timely filed, forward our appeal to the City Commission and permit the City Commission, sitting in its appellate capacity to determine the issues on the merits. If not, we will be forced to proceed with a Writ of Certiorari to the Circuit Court and will seek all available relief allowable as a result of the City's failure to properly follow its appellate procedures and its violation of our client's right to due process. TWS/dj cc: Richard Schlesinger Daniel Ruda James Cherof, Esq. ../ Michael W. Rumpf Lusia Galav \sCHULZT006 I 86vO I \6K960 1 LDOC8121100 , . - Very truly yours, ~W. ct,/"1 Timothy W. SChr GI1EE:'HlF:RG TR.\CRIG " The Ci-ry of Boynton Beach EXHIBIT "Q" 1 00 E. Boynton Bea&h Boulevard P.O. Box310 Boynfon Bea&h, Florida 33425-0310 Office of the CUy A Horney (561) 742-6050 FAX: (561) 742.6054 August 25, 2000 1imothy W. Schultz Greenberg, Traurig PO Box 20629 West Palm Beach, Florida 33416-0629 Re; Boynton Landings Appeal Dear Mr. Schultz; We have your letter of August 21, 2000 regarding Boynton Landings Appeal. The City will process your appeal. Please submit the application and the necessary filing fee to Mike Rumpf, Planning and Zoning Director. Thank you. Very truly yours, ~d~~ry~ Nicholas 1. Igwe, Assistant City Attorney NII/mlr / Cc: Mike Rumpf, Director of Development Ja'mes A. Cherof, City Attorney Lusia Galav, Senior Planner David Layman, Esquire , lr;1o f1@F q ~7 fi? ~\; J 1r --- b I' ! . J: f Un,.. 'I II : j .11 '..... " 8 - ': .; ~...;~' j.;.'b / '. : '; . i ,'-' - ... - ....'- : :....-. I I '--;~~~~--:-:-...~ f'l..."'lhl.:I'!L; ;,,"'J ZONING GE:~T. ",\ E / 0 ~ .t' \ [I: ,".' I j nA"" r ., .f1.n qua ppOT~:.Jn, y/....-1../}:rmaz/L'e ..."1..c..ronl.. '..J-I !:.mpfoy.zr ----------~-----_. ---- ~. o~f[~~f~D ATTOR~EY5 AT L.'''' r~~~~lo EXHIBIT "R" TIMOTHY w, SCHULZ "'FST P.\f \1 BF.-\C'H OFFICE DIRECT DIAL. (561) 650-i9il Email: schu:ztrEgtla'W com September 12. 2000 IfnJt- LnJj C;FP I 3 c-' -..~- ~q;JJgh~)--i --~.._.- -.-:.,------. .; :--.... I R~L_ : ~.'- Bv facsimile COPy 742-6054 and U.S. Mail Kicholas 1. Igwe, Esq. Assistant City Attorney City of Boynton Beach 100 E. Boynton Beach Blvd. Post Office Box 310 Boynton Beach. Florida 33425-0310 RE: Boynton Landings Appeal Dear Mr. Igwe: I have received and reviewed your letter dated August 25, 2000, written in response to our August 21, 2000, letter regarding the above cited appeal. After reading your letter. I was unsure as to the City's position on this matter. Your letter does state that the City will process our appeal. As a result, it is my understanding that all materials already sent to the city are to be forwarded to City Counsel. who will then place the matter on their agenda and sit in an appellate capacity. However, your letter also states that we should submit the application and the necessary filing fee to Mike Rumpf. I was unsure as to whether your letter was referring to an application and fee for the appeal or some other type of application. Ip order to avoid confusion. please accept this letter as our Notice of Appeal from the June 20, 2000, decision of Mike:: Rumpf, denying Boynton La!!dings' request for a minor modification of the approved site plan. Enclosed is our check in the amount $200.00 for the filing of this appeal. Please have all materials that we previously filed with the City as part of our request for minor modification of the approved site plan forwarded to the City Counsel. said materials constituting the appellate record. I would suggest that we discuss an appropriate date for City Counsel to hear arguments on this matter. GREE."IBERG TRAURIG, P..-\. P.o. Box :!06:!9 WEST PALM BEACH, FLORIDA 33.H6-0629 561-650-7900 F.\x 561-655-62:!2 www.gtlaw.com 777 SOUTH FLAGLER DRIVE SUITE 300 EAST WEST PAUl BEACH. FLORIDA 33401 'II NEW YORK WASHI:'/GTO,'1, D.C. ATLANTA PHILADELPHl.\ Tyso:-;s COR:'IER CHICAGO BOSTON PHOE:'ilX -i'IL.'1I.'1GTIl:'/ Los A.'1GELES DE.H'ER S~O PAULO FORT L.\l.:DERDALE Boc.\ R \Tl)'1 WEST P\UI BF..\C:lI ORL.\;'IDO T\LL.\I1 \SSEE EXHIBIT "R" Nicholas 1. Igwe, Esq. Assistant City Attorney City of Boynton Beach September 12, 2000 Page 2 If my understanding of your letter is incorrect, please call me in order to discuss. c-- Very truly yours. \~\U,St/ Timothy vV. Schulz TWS/dj Enclosure cc: Richard Schlesinger Daniel Ruda .lames Cherof. Esq. ../ Michael W. Rumpf Lusia Galav ISCHULZTJ0794 7vO 1 \6L~t30 I ~.DOC\9/5/00 GREENBERG TR-\URIG EXHIBIT" " Conditions of Approval Project name: BOYNTON LA1."IDINGS APARTl\iIENTS) File number: ADAP 00-00 I I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X ENGINEERING DIVISION Comments: NONE X BUILDING DMSION Comments: NONE X I PARKS AND RECREATION I X I I Comments: NONE I FORES~RlENVIRONMENTALIST I X I I Comments: NONE PLANNING AND ZONING Comments: NONE X ADDITIONAL PLMNING A1'ID DEVELOPIvfENT BOARD CONDITIONS Comments: 1. Denied. X ADDITIONAL CITY COMJv1ISSION CONDITIONS - i R>EP ARTMENTS : 2. To be determined. J:ISHRDATAIPLANNINGISHAREDlWPIPROJECTSI80YNTON LANDINGS ADAP 2000lCC 12-5-00 CONDo OF APPROVAL.DOC -I mCLUDE I REmcr i 7.B.l BOYNTON LANDINGS ADMINISTRA TIVE APPEAL DEVELOPMENT DEPARTMENT MEMORANDUM NO. 00-300 TO: FROM: Planning and Development Board and City Commissio\Z- Michael Rum; Planning and Zoning Lusia Galav, AI~ Senior Planner THROUGH: DATE: October 12, 2000 SUBJECT: Boynton Landings Appeal (ADAP 00-001) Project Name: Boynton Landings Apartments Location: 2309 North Congress Avenue Owner: CSC Boynton Landings, Ltd. Agent: David M. Layman, Greenberg Traurig, P.A. Request: 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. BACKGROUND Request for Minor Modification On May 19, 2000 the Planning and Zoning Department received a request for Minor Modification from David M. Layman, agent for CSC Boynton Landings, Ltd. The Minor Modification application requested the addition of ten (10) "architectural enhancements" located in the front setback on either side of the entrance to the Boynton Landings Apartments (see Exhibit "B" Site Plan). The letter indicated that these architectural accents had already been placed on the site. Staff reviewed the application and conducted a site visit. The ten (10) "architectural features" as described by the applicant are "banners" as defined by Memorandum No. 00-300 Boynton Landings ADAP 00-001 Page 2 the Land Development Regulations Chapter 1, Article II (see Exhibit "0"). Banners are prohibited per Chapter 21, Signs, Section 3. D (see Exhibit "E"). A letter denying the request was written and sent to Mr. Layman on June 1, 2000 by Lusia Galav, Senior Planner. Subsequent to receipt of the denial letter, Mr, Layman addressed a letter to Ms. Galav, indicating that a code citation was issued to his client CSC Boynton Landing, Inc. on June 6, 2000 (actually June 8, 2000) regarding the prohibition of permanent banners in the City of Boynton Beach. Mr. Layman also requested that the decision for denial of the Minor Modification be reconsidered. At this time, Ms. Galav involved Mr. Rumpf, the Planning and Zoning Director, in the matter. Mr. Rumpf issued a letter on June 20, 2000, reconfirming the denial of the requested Minor Modification. It is this letter from Mr. Rumpf that Mr, Layman is addressing his appeal. Request for Appeal Staff received the request for appeal on June 30, 2000. The request for appeal is dated June 29, 2000, which is nine (9) days after the date of Mr. Rumpfs letter but 28 days after the original letter of denial from Ms. Galav. The appeal procedure provided in Chapter 1, Article VII indicates that an appeal must be filed fifteen (15) calendar days after the rendition of the order. Based on this code section, staff requested the City Attorney to review the validity of the appeal. Mr, Nicholas, Igwe, Assistant City Attorney researched the matter. A meeting was held with Mr. Layman on August 2, 2000 to discuss the appeal. After this meeting, correspondence was exchanged between Mr. Layman and Mr. Igwe resulting in the decision to process the appeal. Mr. Igwe made the determination that the City Commission is the body to determine the timeliness of the appeal. It has also been determined that administrative appeals should be processed in accordance with procedures outlined in Chapter 1,5, Article I, Sec. 4.1, E. of the Land Development Regulations (see Exhibit "F"). Under these procedures the Planning and Development Board hears the appeal and renders a decision which must be ratified by the City Commission. The chronology of correspondence regarding this appeal is found in Exhibits "G" through "R" attached. CONCLUSIONS The following are the pertinent facts of this case regarding the denial of the Minor Mod ification. 1. A site plan cannot be modified to permit a use that is specifically prohibited in the Land Development Regulations. Memorandum No. 00-300 Boynton Landings ADAP 00-001 Page 3 2. Permanent banners are specifically prohibited in Chapter 23 - Signs. 3. The Code Compliance Division issued three citations to the property owner in accordance with the banner prohibition as stated in the code. 4. The banners are currently located within the 40 foot front setback required and approved for the project and within the 20 foot utility easement along Congress Avenue. 5. The owner did not apply for or receive a building permit from the city to erect the banners on the site. RECOMMENDATION If the Planning and Development Board and City Commission find that the appeal as presented is valid and meets the requirements of Chapter 1,5, Article I, Sec. 4.1, E. of the Land Development Regulations, then staff recommends the following: 1. Deny the appeal 2. Affirm the administrative decision to deny the minor modification request for the banners at Boynton Landings Apartments. In addition, staff would not support a code review to permit banners under any circumstance other than those exceptions currently permitted by the code. ADAP 001 MEMO LIST OF EXHIBITS BOYNTON LANDINGS - ADAP 00-001 A. Location Map B, Site Plan C. Photos of Banners D. Definition of "Banner" E. Chapter 21 Signs - Banners Prohibited F. Appeal Procedure G. Letter dated May 18, 2000 - Request for Minor Modifi.:ation H. Letter dated June 1, 2000 - Denial of the Minor Modification Request I. Code Citation No. 08-00364 dated 6-8-00 and No. 08-00111 dated 6-22-00 J. Letter dated June 9,2000 - Request to Reconsider K. Code Citation No. 08-00371 dated 7-17-00 L. Letter dated June 20, 2000 - Reconfirmation of Denial M. Letter dated June 29, 2000 - Appeal of June 20, 2000 Letter of Denial N. Letter dated August 2,2000 - Request for Appeal O. Letter dated August 7,2000 - City Attorney Response P. Letter dated August 21,2000 - Response to 8-7-00 Letter Q, Letter dated August 25, 2000 - Second Letter from City Attorney R. Letter dated September 12, 2000 - Clarification of Appeal Request 10/1 7/00 EXHIBIT "An --------- .--~ -,- tiwa _It -- T . ... ~:;-.=' I 'I . (iil ~ 1\ :;: ~ \ ~ lV_~---=~--..- .:' _H ~ : B ,util - I 9-: c1 \ L-;;~:-. :T:;~;:::~:D ~~. J:, ~ 'j~.Ji'~ :1EPT. ~-~.~.-:" gj X w OTa R 0 l.A YNTO I -8OYMTOH -4 RACK "AU LOCATION MAP f-,.1""~ ~. _, ..~. .-::-.. ....___4... ____...............- ...-~..... i i ,.,.., ._~. . ,.", >- ~,o--o,-s , - - --... -- -- ~ -'. . ~- ~~p- oo..en EXHIB1T"C" ~ ~'-'__ _J,I' ), 1Ifi#. \ -, -'.~ ....~....-:-:-- . " / b'~' ~~:.;~~. f - . vu:~~c . <./ rt\1-ft~P- oo-cn.3 '1 '1 , 1ih. - ~. -~ i --- ~~.. 00-033 ------------ 4 Boynton Beach Code EXHIBIT "F" 2. In granting a variance: a. The board may prescribe appropriate conditions and safeguards in conformity with this section. Violations of such conditions and safeguards, when made a part of the tenns under which the variance is granted, shall be deemed a violation of this section. b. The board may prescribe a reasonable time limit within which the action for which the variance is required shall begin, be completed, or both. c. Where variances of lot area and maximum densities are requested, and such variance, if granted, would cause the density to exceed the density shown on the future land use map of the city's comprehensive plan, the density created shall be construed to be in conformance with the comprehensive plan, if the board finds that the variance meets the conditions set fonh in this section for granting the same, and the variance would only allow for the construction of a single-family detached ~ d.welling. ~ E. Procedures for Variances, Special Exceptions and Appeals of Administrative Actions. 1. Exceptions. Under no circumstances except as permitted above shall the board grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the applicable zoning district. No nonconforming use of neighboring lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance. 2. Review of Administrative Orders. In exercising its powers, the board may, upon appeal and in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination made by an administrative official in the enforcement of any zoning ordinance or regulation adopted pursuant to this section, and may make any necessary order, requirement, decision or determination, and to that end shall have the powers of the officer from 1997 S-6 whom the appeal is taken. A majority vote shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant on any matter upon which the board is required to pass under this section. ,/ . 3. Appeals from decision of Administrative Official. Appeals to the board may be taken by any person aggrieved or affected by any decision of an administrative official interpreting any zoning ordinance. Such appeal shall be taken within thirty (30) days after rendition of the order, requirement, decision, or determination appealed from by filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The appeal shall be in the form presc~bed by the rules of the board. 4. Stay of Work and Proceeding on Appeals. An appeal to the board stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal is taken shall cenify to the board that by reason of facts stated in the cenificate, a stay would cause imminent peril of life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the board, or by a coun of record on the application, on notice to the officer from whom the appeal is taken and on due cause shown. \. ../ 5. Hearing of Appeals. The board shall fix a reasonable time for the hearing of the appeal, give the public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any person may appear in person, by agent or attorney. Applicants shall be required to file a proper form (supplied by the Planning Department), a current cenified survey accompanied by a fee as adopted by resolution of the City Conunission. For procedural purposes, an application for a special exception shall be handled by the board as for appeals. 6. Review of Decisions of the Board. Any person may appeal variance, special exception, or appeal of administrative order to the City Conunission of the City of Boynton Beach within twenty (20) days after rendition of the decision by the Planning and Development Board. The decision of the . . \ .-- EXHIBIT "F" PI~mning and Development Generally City Commission shall be deemed final subject only to review by writ of certiorari to the Palm Beach County Circuit Court. 7. Withdrawal or Denial of Application. a. Upon the denial of an application for relief hereunder, in whole or in part, a period of one (1) year must elapse prior to the filing of a subsequent application affecting the same property or any portion thereof. b. Upon the withdrawal of an application, in whole or in part, a period of six (6) months must run prior to the filing of a subsequent application affecting the same property or any portion thereof, unless the decision of the board is without prejudice; and provided that the period of limitation shall be increased to a two (2) year waiting period in the event such an application, in whole or in part, has been twice or more denied or withdrawn. c. An application may be withdrawn without prejudice by the applicant as a matter of right; provided the request for withdrawal is in writing and executed in a manner and on a form prescribed by the board and filed with the board at least one (1) week prior to any scheduled hearing scheduled before the board concerning the application; otherwise, all such requests for withdrawal shall be with prejudice. No application may be withdrawn after action has been taken by the board. When an application is withdrawn without prejudice, the time limitations for reapplication provided herein shall not apply. F. Advertising Requirements. Required advertisements for the applicant's request must appear in a newspaper of general circulation in the City of Boynton Beach, at least fifteen (15) days prior to the scheduled Planning and Development Board Meeting. All required notices to surrounding property owners must be postmarked no later than fifteen (15) days prior to that scheduled public hearing. (Ord. No. 97-15, ~ 1, 5-20-97) 1998 5-7 5 Sec. 4.2. Additional authority, functions, powers, and duties, as assigned by the City Commission. The Planning and Development Board shall have such additional authority, functions, powers and duties, as assigned to the board by ordinance. (Ord. No. 97-15, ~ 1, 5-20-97) Sec. 4.3 Authority Granted by the City Commission. A. The following applications/types of requests shall preliminarily be reviewed by the Planning and Development Board prior to approval by the City Commission: :], . Annexation. 2. Code review. 3. Comprehensive plan text amendment. 4. Consistency review. 5. Development of regional impact amendment. 6. Height exception. 7. Land use plan amendment/rezoning. 8. Rezoning. 9. Telecommunication towers (waiver or reduction of separation requirements and/or special exception regarding application rejection). 10. Conditional Use Approval. B. The following applications/types of requests that are processed and reviewed by the Planning and Zoning Department shall be approved by the planning and development board: 1. Abandomnent. 2. Administrative appeal. 3. Community Design Plan appeal. 4. Concurrency appeal. 6 Boynton Beach Code EXHIBIT !IF" 5. Concurrency time extension. 6. Landscape appeal. 7. Master plan modification. 8. Master plan time extension. 9. Major site plan modification. 10. New site plan. 11. Parking lot variance. 12. Sign code variance. 13. Site Plan time extension. 14. Subdivision - master plan. 15. Use approval. 16. Zoning code appeal. 17. Zoning code variance. 18, Conditional use approval time extension. C. No action of the Planning and Development Board shall be considered a final action of the City until ratified by the City Conunission, The procedure for ratification shall be as follows: 1. All matters which have been reviewed and acted on by the Planning and Development Board shall be reduced to writing as a proposed Develop- ment Order. The fonn of the proposed Development Order shall be approved by the City Attorney. 2. All proposed Development Orders shall be submitted to the City Conunission on the consent agenda at the next regular City Conunission meeting following action by the Planning and Development Board. 3. Prior to approval of the Conunission consent agenda, a member of the Conunission may request the removal of any proposed Development Order from the consent agenda for further discussion, consideration, or public hearing prior to -ratification. 1998 S-7 4. The City Commission may table a proposed Development Order which has been removed from the consent agenda to a future meeting date to insure that proper notice and opportunity to be heard is provided to the applicant, the public, and any other interested parties. r 5. Following ratification of a proposed Development Order by the City Commission, the City Clerk shall date and sign the Development Order and issue it as a final order. (Ord. No. 97-22, ~ 1, 6-17-97; Ord. No. 97-41, ~~ 1,2, 8-19-97) Sec. S. Commission designated statutory planning agency. The City G,onunission is hereby designated as the city's local plaiming agency to act on behalf of the city under the terms and provisions of the local government Comprehensive Planning Act, having the general responsibility for the conduct of a com- prehensive planning program and the preparation, supervision and amendment of the comprehensive plan or elements or portions thereof applicable to the areas under the jurisdiction of the city as provided in said act. " i \.- .-. Sec. 6. Review of board decisions. All decisions of the planning and development board shall be advisory to the City Commission, unless otherwise stated in this Article or by ordinance. Disposition of an application or request made through the planning and development board shall not be deemed final until acted on by the City Conunission, unless otherwise stated in this Article or by ordinance. Once final, a decision may be reviewed by the flling of a Petition for Writ of Certiorari in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, and in accordance with the procedure and within the time provided by court rule and such time shall commence to run from the date of the decision sought to be reviewed. Any determination decisions of the Planning and Development Board must first be appealed to the City Conunission within twenty (20) days after rendition of the decision by the Planning and Development Board, < ., ~ ........ DEPARTl\tIENT OF DEVELOPMENT MEMOR..\NDUM NO. PZ 00-315 TO: Sue Kruse City Clerk FROM: I Y// --. . IL Michael W. Rumpf ~ Director of Planning and Zoning DATE: October 25,2000 SUBJECT: Boynton Landings Administrative Appeal (ADAP) 00-001 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $200,00 for the administrative appeal to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney, The requested variance is scheduled for the November 28, 2000 Planning and Development Board meeting. Please advertise in the newspaper. J\sHRDATA\Planning\sHAREDIW1''-PROJECTS\BoynlOn Landings ADAP 1000\Legal notice for Admin. Appeal.doc NOTICE OF PUBLIC HEARINC' - NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Owner: CSC Boynton Landings, LTD. Request: Notice of Appeal from the June 20, 2000 administrative decision denying Boynton Landing's request for a Minor Modification of the approved Site Plan to place banners at the entrance to the property. Location: 2309 North Congress Avenue Legal Description A parcel of land being all of the plat of POST LANDING, according to the plat thereof as recorded in PLAT BOOK 54, Page 191 of the Public Records in and for Palm Beach County, Florida, as supplemented by that certain Surveyor's Affidavit recorded in Official Records Book 5129, Page 1341, of the said Public Records and as further supplemented by that certain Surveyor's Affidavit recorded in Official Records Book 5179, Page 356 of the said Public Records and lying in Section 18, Township 45 South, Range 43 East, City of Boynton Beach, Palm Beach County, Florida. [The full legal description is on file in the Planning and Zoning Office], A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE LIBRARY PROGRAM ROOM, BOYNTON BEACH LIBRARY, 208 S. SEACREST BLVD., BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 28,2000, AT 7:00 P.1\'I. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the 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. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST November 13,2000 REQUEST FOR PUBLISHING - LEGAL 1, ...-TICES AND/OR LEGAL ADVER.L.JEMENTS 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 two (2) working days prior to the first publishing date requested below, ORIGINATOR: Planning and Zoning PREPARED BY: Michael Rumpf DATE PREPARED: October 25,2000 BRIEF DESCRIPTION OF NOTICE OR AD: Administrative Appeal for Boynton Landings regarding a denial of a Minor Modification ofthe approved site plan. Planning and Development Board meeting to be held on November 28, 2000. at 7:00 P.M. in the Library Program Room, Boynton Beach Library. 208 S. Seacrest Blvd.. Boynton Beach, Florida. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc.) STANDARD LEGAL AD SEND COPIES OF AD TO: The applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED: November 13, 2000 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: November 9. 2000 APPROVED BY: (1) -~ZJ_~ (Originator) /0 -:< C;;-Oo (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: