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Minutes 03-26-02MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD lrN COMMI'SSION CHAMBERS, CTTY HALL, BOYNTON BEACH, FLORTDA ON TUESDAY, MARCH 26, 2002 AT 7:00 P.M. Present Steve Myott, Vice Chair William Cwynar Robert Ensler Mike Fitzpatrick Edward Hillery Maurice Rosenstock Mike Friedland, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning and Zoning Director Lusia Galav, Principal Planner Absent Woodrow Hay :[. Pledge of Allegiance Acting Chair Myott called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Acting Chair Myott introduced the Board members, the Assistant City Attorney, the Planning Division staff, and alternate member Edward Currier who was in the audience. Vice Chair Myott welcomed new Board member Edward Hillery. Assistant City Attorney Tolces swore in members of the audience who wished to testify before the Board. 3. Agenda Approval Motion Mr. Rosenstock moved to approve the agenda. unanimously. Mr. Cwynar seconded the motion that carried 4. Approval of Minutes - February 26, 2002 Motion Mr. Rosenstock moved to approve the minutes as submitted. Ensler and carried unanimously. Motion was seconded by Mr. Meeting Minutes Planning & Development Board Boynton Beach, Florida March 26, 200? 5. Communications and Announcements A. Planning and Zoning Report Final disposition of the February 26, 2002 Planning and Development Board meeting agenda items. Mike Rumpf reported on the following action taken by the City Commission: At the March 5th City Commission meeting, the site plan/conditional use for Woolbright Plaza was approved as well as the height exception application to allow the height to exceed the maximum allowed height of 45 feet. Additional conditions were attached to the project by the Commission to enhance the landscape buffering and preclude the placement of vending machines and shopping carts outside the project. At the March 19th City Commission meeting, the text items to change the methodology of measuring maximum building height and adding "places of assembly" to the list of height exceptions were both approved on second reading. Those will now be codified. Mr. Ensler said that at the last Planning and Development Board meeting, the Board approved a height exception based on information provided to the Board, which was corrected at the Commission meeting. He asked Mr. Rumpf to explain what information was changed. Mr. Rumpf said that the four-story building for the Woolbright Plaza project had an extended tower on it. On the site plan, it was noted that this was an elevator tower. However, it was later disclosed that it was not an elevator tower but was to cover up the stairway to the roof. Mr. Rosenstock said that people take an oath when they testify before this Board. He has not heard the tapes but wants to listen to them as he believes that someone lied at the meeting. He asked what ramifications there were when someone does not tell the truth. Assistant City Attorney Tolces said that there is a difference if a Board's action is final or a recommendation to the Commission because the applicant has the ability to correct the mistake or misrepresentation at the City Commission meeting. A lot would depend on whether it was a major or minor misrepresentation. Mr. Rosenstock asked Mr. Rumpf whether he would have approved the application if the applicant had asked for the tower for decorative purposes only. Mr. Rumpf said that he could not answer that. However, he said that it probably was considered an attribute to the project. There have been other cases where those types of additions to buildings have been encouraged so that the buildings do not have box-like appearances. 2 Meeting MinUtes Planning & Development Board Boynton Beach, Florida March 26, 200? Motion Mr. RoSenstock moved to request something in writing from the Assistant City Attorney's firm telling him what happens if an individual lies with malice aforethought before this Board. Mr. Ensler seconded the motion that carried 6 to 1, with Mr. Hillery dissenting. Mr. Ensler was concerned regarding the Board making subjective deciSions on height limitations and thinks the rules should be changed so that the Board knows where the City is heading. Mr. Friedland gave some examples of where this Board had granted height exceptions. He thought it was very difficult to etch height limitations in concrete and wondered whether or not it would be doing the community a favor by not allowing any changes to the height limitations. He suggested that the Planning and Zoning Division staff could come up with some ideas why the Board should either allow or not allow the exceptions. Mr. Hillery said that he was present at the City Commission meeting when the Commission reviewed the Board's recommendation. The first thing that the applicant said was that he had made a mistake. Since the Commission did not return the project to the Board for further review, apparently the mistake did not seem to be such a tremendous thing. Chair Myott recalled that the applicant had telephoned him and admitted that he had made a mistake. 6. New Business A. Public Hearing New Site Plan Project Name: Agent: Owner: Location: Description: Quarterdeck Restaurant/NWSP 02-001 Troy Holloway, ASLA Quarterdeck Properties, L.C. Northwest Wal-Mart out parcel along Old Boynton Road, west of Winchester Park Boulevard Request for site plan approval to construct a one-story 6,340 square foot sit-down restaurant with 160 seats on a 1.197-acre parcel Ms. Galav explained that Wal,lVlart is in the process of getting plat approval. The parcel must meet Wal-lVlart's design guidelines, which it does. There are very few comments that remain to be worked on at the building permit level. Troy Holloway~ representing Quarterdeck Restaurant~ said that the project would be located on the south side of Old Boynton Road, west of Winchester Boulevard. Immediately east is a vacant out parcel, to the west is an existing Stor-AII, and to the south is the WaI-Hart parking lot. The proposal is for a restaurant with 160 seats and an outdoor seating area of approximately 1,475 square feet. There will be two access roads to the parcel and they are both from the circulation drive of the parking lot. There are two existing live oak trees that will be preserved. The landscaping on the west and north perimeters will remain and will be Meeting Minutes Planning & Development Board Boynton Beach, Florida March 26, 200? enhanced. They want to increase the western buffer. The project consists of a one-story building with a barrel tile roof. Mr. Holloway had no objections to any of the conditions of approval. Vice Chair Myott opened the Public Hearing. There was no one present who wished to speak. Therefore, the Public Hearing was closed. Motion Mr. Ensler moved that the site plan for the Quarterdeck Restaurant/NWSP 02-001, an out parcel on the northwest corner of the Wal-Mart Super Center on Old Boynton Road, be approved. Mr. Friedland seconded the motion that carried unanimously. 7. Other None 8. Comments by members Mr. Rosenstock wanted to make certain that the secretary specifically states that his question did not only relate to the petitioner at that time but also in order that the City Commission and the Board are prepared in the future and know what ramifications there will be if someone does not tell the trUth. Mr. Ensler asked whether there was anything happening to change the heights of buildings other than in the CRA district, Mr. Rumpf stated that they were working on new zoning districts in the CRA area that will have greater heights but there is no current proposal to change the heights in other districts. 9. Adjournment There being no further business before the Board, the meeting adjourned at 7:30 p.m. Respectfully submitted, Bonnie Glinski Deputy City Clerk (one tape) 03/27/02 4