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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment November 12, 1999 Lewis Feldman Palm Walk Associates, LLC 6800 Jericho Turnpike, Suite 202E Syosset, NY 11791 VIA FACSIMILE Re: Palm Walk Conditional Use Time Extension CUTE-99-001 Dear Mr. Feldman: Please be advised that despite your request for postponement, the Planning and Development Board recommended approval of the Conditional Use Time Extension for the requested period of six (6) months. This item is scheduled for review by the City Commission on November 16, 1999; please arrange for a project representative to be in attendance. Please also keep in mind those concerns communicated by the Commission on June 1, 1999, when your previous request was considered. These concerns, or required accomplishments, include selecting a management firm, securing financing, submit building plans, secure building permits, and commencement of construction. Please be prepared to provide the Commission with a project status report at their meeting on November 16th. Please feel free to contact me if! can be of further assistance in this matter. Sincerely, JA Inl \ICH\.MAIN\SHRDATAIPlanningISHARED\WPIPROlECTSlPalm Walk ACLF(CUTE 99-00I)ITime Extension Letter 11-16-99 CC mtg.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMENT ORDER CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Palm Walk ACLF APPLICANT: Palm Walk Associates, LLC APPLICANT'S AGENT: Lewis Feldman The Hunter Companies APPLICANT'S ADDRESS: 6800 Jericho Turnpike - Suite 202E Syosset, New York 11791 DATE OF HEARING BEFORE CITY COMMISSION: TYPE OF RELIEF SOUGHT: Concurrency Time Extension/Conditional Use Time Extention LOCATION OF PROPERTY: North side of S.W. 19th Avenue approximately 351 feet east of Congress Avenue. DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ..lL HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby ----X.. GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other \\\ \\ \ \III 1111/111 ~{;> III/. ~ <00'- NTO ~ ~ ~ ..m... 'II ~ ~ 0 .....~po,C).;.. <9 ~ ~ ..0 '1JI:fJ-.:... ~ ~ .=:: .)... /# ~'.. "P ::::. ~J-:""" ~iC)= ~ =0: i:::c: ~~,~~ \ \. 1-Q20 i & City Clerk % ..................' :I ~ I:'I.OR\O~ ~ "1/ ,I, \\\" 11/1/11" 1\ \\\ \\\\ DATED: //P7/P? . J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Palm Walk ACLF(CUTE 99-001)\DEVELOPMENT ORDER.doc EXHIBIT "D" Conditions of Approval Project name: Palm Walk ACLF File number: CUTE 99-001/CNTE 99-001 Reference: Letter ofreauest dated March 23. 1999. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. All structures and appurtenances shall be a minimum of 10 feet from existing water and sanitary sewer mains. X 2. Continue proposed asphalt drive/entrance to existing sanitary lift station north to match existing concrete north edge for access and maintenance. X 3. A hold harmless letter will be required for the proposed paver blocks in X utility easements. - FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 4. Time extension approval is subject to all staff comments that condition the original approval (File No. COUS 94-003). This would include the Community Design Plan appeal that was granted. X DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment June 15, 1999 Palm Walk Associates 201 South Biscayne Boulevard, 22nd Floor Miami, FL 33131-4336 Subject: Palm Walk ACLF-97-001 Dear Mr. Fierman, Please be informed that on June 1, 1999, the City Commission approved a 120-day time extension for Conditional-Use Approval and concurrency certification for the Palm Walk ACLF. This action extends these approvals from May 5, 1999 to September 2, 1999. In order to comply with the requirements of the conditional use approval, a minimum of 25% of the project must be completed by September 2, 1999 or obtain a subsequent time extension. A subsequent time extension must be requested a minimum of 45 days prior to expiration, or by July 19, 1999. This request shall again be made to this office, initiated by a letter from the applicant/owner, and include the $400 application fee. Please contact this office if I can be of any further assistance to you. Sincerely, -~~ Michael W. Rumpf Director of Planning and Zoning MWR/nl J:ISHRDA T AIPlanningISHARED\WPlPROlECTSIP ALM WALK ACLFITimeExtensionlt2.doc America'5 Gateway to the Gulfstream 100 East Boynton Bcach Blvd.. P.O. Box 310 Boynton Beach. Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 8. Proposed Resolution No. R99-154 Re: Authorizing the City Attorney to enter into an Appointment Contract with Judy Solomon, Legal Secretary 9. Proposed Resolution No. R99-155 Re: Confirming the appointment of Michael Haag as Building Code Administrator and authorizing the City Manager to execute a contract on behalf of the City, and adopting the revised position description 10. Proposed Resolution No. R99-156 Re: Approving the employment contract for Quintus Greene as Department of Development/CRA Director Removed for clarification at the request of Commissioner Denahan. D. Ratification of Planning & Development Board Action: 1. Quantum Park Master Signage Program (Quantum Park PID) - Request to amend the previously approved PID master plar] signage program to allow needed flexibility in tenant signage 2. Melear PUD (Southwest corner of Miner Road and Congress Avenue) - Request for master plan modification to increase the maximum allowed height from 25' to 30' for Phases 3A, 3B and 3C 3. Quantum Park Lot 7 - (Quantum Park, Lot #7) - Request for site plan approval to construct a 35,033 square foot industrial building on 2.6 acres At the request of Attorney Cherof Item 0.3 was removed permanently from the agenda. 4. Palm Walk ACLF (Southwest 19th Street) - Request for a six months time extension for conditional use approval and concurrency certification ( September 28, 1999 to May 2, 2000) to construct a 48-bed adult living facility to be known as Palm Walk Alzheimer's Facility Removed for discussion at the request of Commissioner Weiland. E. Authorizing Change Order #3 in the amount of $2,977 for firesafing the existing horizontal joints of the precasted concrete tee beams, and authorizing Change Order #4 in the amount of $10,481.65 for installation of additional phone/data jacks in unidentified areas of the building and 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 add six new complete foreman work stations in Meeting Room #119, as originally intended, to complete the scope of work during the current construction project located at 124 East Woolbright Road Removed for discussion at the request of Commissioner Weiland. F. Approve Change Order No. 4 in the amount of $5,890 and proceed with final payment of $22,390 to South Florida Utilities for Master Lift Station Rehabilitation 356 and 309. (Total contract price $753,334.97) G. Approve disposal of surplus Police Iightbars H. Authorize the Finance Department to make payment of $13,800 to Wallace Roberts & Todd for planning of the proposed City Club located at Intracoastal Park I. Authorize the continuation of the successful Biting Midge Mitigation Project at Mangrove Nature Park (Total cost of the program is $833 per month or $9,996 per year) J. Approve using $11,209 from the City's Contingency Fund (Account #001- 0000-247-02-04) to pay for the refinishing of the gymnasium floor at Ezell Hester Community Center K. Approval of Bills Motion Commissioner Weiland moved to approve the Consent Agenda. Motion seconded by Mayor Pro Tern Sherman. Motion unanimously carried. Item B.3 Approve the purchase of a SECURITY SYSTEM FOR THE DOORS IN CITY HALL AND EAST WING matching an existing system in the Police Department for SECURITYLINK from Ameritech in the amount of $18,132 Commissioner Weiland said he would like to get clarification on this item and realizes that there needs to be some security in City Hall and does not have a problem with the amount being requested. Commissioner Weiland would like to know how visitors would be handled once they are let in and what is to assure that they are actually going to their intended destination? Also, would all visitors be escorted, and if so, how many escorts would be needed and what would the cost be? 9 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, ~LORIDA November 16, 1999 Interim City Manager Hawkins said that no visitor would be escorted and there was no intent to hire additional personnel. Mr. Hawkins said this is a preventative measure and is a non-intrusive type system. It is hoped this would be a means to deter somebody from taking a drastic act by having him approach another human being first. People will also be required to sign in and indicate where they are going and give an approximate time they would be leaving. Mayor Broening asked if the City used another entity as a model? Mr. Hawkins replied that the concept comes from basic security measures found in other government buildings. Motion Vice Mayor Tillman moved for approval of Item IV.B.3. Motion seconded by Commissioner Weiland. Motion unanimously carried. Item C-I0. Proposed Resolution No. R99-156 Re: Approving the employment contract for Quintus Greene as Department of Development/CRA Director - Commissioner Denahan said she has some questions regarding the actual contract and noted on Page 2, Duties and Obligations, Paragraph 2.1.1, references Exhibit A and Commissioner Denahan said there was no Exhibit A attached to her copy of the contract. Also, under Paragraph 2.1.1. Exhibit B is referenced and she does not have a copy of that Exhibit as well. Commissioner Denahan further noted that under Vacation on Page 4, Article IV, Compensation and Benefits, the vacation clause was not copied in total. Commissioner Denahan would like assurances that these are clerical mistakes and wants to be certain that Mr. Greene was protected. Commissioner Denahan said she has a problem on voting for something that she has not read in terms of Exhibits A and B. Attorney Cherof informed Commissioner Denahan that the vacation benefit is the same continuing clause found in 4.5, 4.6 and 4.7 for non-union City employees hired after October 1, 1991. Mr. Hawkins said this must have been an oversight when the copies were made. Mr. Hawkins said that Exhibit A sets forth the job responsibilities and goals that need to be accomplished; Exhibit B is additional job responsibilities as Community Redevelopment Agency Director; and Exhibit C is specific performance action items as CRA Director. Mr. Hawkins said this information was just furnished this evening and was probably omitted due to clerical error. 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16,1999 Commissioner Denahan was furnished with a copy of the Exhibits and requested she needed time to read them before she could vote on the item. Mayor Pro Tem Sherman inquired if Mr. Greene were in the audience? Mr. Hawkins said his plane was delayed, but he would be here momentarily. Mayor Pro Tem Sherman said he has a problem and wished that Mr. Greene were present. He noted the City is in the process of hiring a City Manager and the City is now filling some very high positions. Mayor Pro Tem Sherman did not think that these positions should be filled now before hiring a City Manager and questioned the timing of this. Mr. Hawkins said he is confident that Mr. Greene would be at the meeting tonight. Mr. Hawkins noted that Mr. Greene has the background and qualifications that would give the City the leadership role it needs. Mr. Greene went through four in-person interviews and has been to Boynton Beach no less than three times and is fully aware of the situation, which currently exists in the City. Staff is very comfortable with Mr. Greene's skills, abilities and background to do the job. Mr. Hawkins reported that Mr. Greene would not becoming onboard until after January due to the fact that he must give 30 days notice. Commissioner Denahan said she now has read the Exhibits and has no concerns and is confident that they are appropriate. ~ Attorney Cherof suggested that since Mr. Greene is not present yet, it might be feasible to move the item further down the agenda to Legal Other 0.2. This should allow him enough time to get here and then the contract could be approved in his presence. Motion Vice Mayor Tillman moved that Item IV.D.l0 be moved to Item 11. 0.2, Legal Other on the agenda. Motion seconded by Commissioner Weiland. Motion unanimously carried. Item IV.DA Palm Walk ACLF (Southwest 19th Street) - Request for a six months time extension for conditional use approval and concurrency certification (September 28, 1999 to May 2, 2000) to construct a 48-bed adult living facility to be known as Palm Walk Alzheimer's Facility Commissioner Weiland inquired if there was anyone present who wished to speak on this item. Lee Wische, Chairman of the Planning&. Development Board, 1302 SW 18th Street, Boynton Beach said there were new owners and Palm Walk was given extensions under the previous owners. The development has changed hands and they 11 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA November 16, 1999 need this time to get their staff in place and all their commitments. Therefore, the Planning and Development Board gave them six-months extension. Mayor Pro Tem Sherman noted the minutes stated that this was Palm Walk's second extension. Commissioner Denahan said that when the Commission last time approved the 120 day extension, the Commission had concerns that the management would be in place by June 1999 and the bank loans financed by August 1999 and that the building plans would be permitted by October 1999. Building permits would be secured in December 1999 and construction would begin in 2000. Commissioner Denahan said her minutes indicate the Planning and Development Board denied the request. It was noted that the motion passed 7-0. For clarification, Commissioner Denahan said the Planning & Development Board denied the request to postpone the request for extension and granted the six-month extension. Mr. Rumpf said this was correct and that the applicant was unable to make that Planning & Development meeting and requested postponement to make travel plans. Motion Commissioner Denahan moved to ratify the unanimous decision of the Planning & Development Board action and to recommend approval of the extension request for Palm Walk ACLF. Motion seconded by Mayor Pro Tem Sherman. Motion unanimously carried. Mayor Broening noted that Mr. Greene arrived and explained that his appointment approval was moved up on the agenda pending his arrival, but since he is present, Mayor Broening asked for a motion to move the Item back to the consent agenda. Motion Vice Mayor Tillman moved that Item IV.C.10 be moved back into the Consent Agenda. Motion seconded by Commissioner Weiland, which unanimously carried. Mayor Broening welcomed Mr. Greene to the meeting and asked if any member had any questions for Mr. Greene. Hearing none, Mayor Broening called for a motion to approve Resolution 99-156, employment contract for Quintus Greene. 12 FROM THE HJ'lTE~ COMPAN I ES FAX NC. 516 682 8333 Ma~. 12 1999 03:03PM P2 Palm Walk Associates, LLC 6800 Jericho Turnpike - Suite 202E Syosset, New York 11791 Tel: (516) 682-5840 Fax: (516) 682-8333 May 12,1999 Mr. Michael Rumpf Planning & Zoning Board City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach. Florida 33425-0310 Re: 48 Bed Alzheimer's Facility, Boynton Beach. Florida Dear Mr. Rumpf: We are sending you this letter to formally request that our project be/emoved from the City Commission's May agenda and re-schedule to its June ",eetlng date. {5 #I This time is required so that we may assemble an appropriate presentation in support of our application. Please advise us of any additional steps we may need to take to achieve this. Additionally, at your earliest possible convenience please provide us with a confirmation of the requested scheduling change. \k;F' (} t "