Loading...
Minutes 02-25-03MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD IqEETING HELD IN COIqMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 25, 2003 AT 7:00 P.M. Present Mike Friedland, Chairman Jennifer Butler Sergio Casaine William Cwynar Nike Fitzpatrick Woodrow Hay, Vice Chair Edward Hillery Bob Ensler, Alternate Alice Otis, Alternate David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Dick Hudson, Senior Planner Eric Johnson, Planner Call to Order Chair Friedland called the meeting to order at 7:10 p.m. The workshop that preceded the regular meeting caused a slight delay in the start time. Mr. Mike Fitzpatrick led the Pledge of Allegiance to the Flag. II. Introductions Chair Friedland introduced the Board members to the audience. III. Agenda Approval There were no additions, deletions, or changes to the Agenda. Motion Mr. Cwynar moved unanimously carried. to approve the agenda, seconded by Mr. Hay, and IV. Approval of Minutes There were no additions, deletions, or changes to the Minutes of January 28, 2003. Motion Mr. Casaine moved unanimously carried. to approve the minutes, seconded by Mr. Hay, and Meeting Minutes Planning & Development Board Boynton Beach, Florida February 25, 2003 V. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the January 28, 2003 Planning and Development Board meeting agenda items. Th/s /tern was inadvertently orn/tted from the proceedings, Assistant City Attorney Tolces administered an oath of truthfulness to all who planned to testify at this meeting. VI. Old Business A. Conditional Use/Site Plan Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park PID Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park PID Request for conditional use/site plan approval for a gas station/convenience store with car wash proposed as the first phase of construction on this 6.54- acre parcel The applicant requested that this item be tabled. Mr. Johnson asked that if the Board tabled it, they do so with a date certain in March. I~lotion Mr. Casaine moved to table Gateway Plaza, COUS 02-005, until the meeting of March 25, 2003. Mr. Cwynar seconded the motion that carried unanimously. New Business A. Use Azmroval 1. Project: Agent: f4otorola PID (USAP 03-001) R. Duke Woodson, Foley and Lardner 2 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 25, 2003 Owner: Location: Description: Maury L. Carter & Associates, inc. Southeast corner of Gateway Boulevard and Congress Avenue Request to approve a list of permitted uses for the 39.3-acre PID. Mri Eric .lohnson, Planner, gave a brief overview of the staff report. The application includes a general list of uses that may be permitted in the Motorola P1~D. The proposed uses include commercial, personal services, warehouse, manufacturing, industrial, and office. Staff would like to exclude the following four uses: stone cutting and finishing, machine shops, seafood, and/or a solvent distribution facility. The applicant will be able to request use approval for any of the excluded uses in the future. Duke Woodson~ with the law firm of Foley and Lardner, proposed a set of uses in Exhibit D of the Staff Report that he picked up from other approved PIDs in Boynton Beach. Mr. Woodson referred to the four deletions from the list and stated that the applicant agreed with them. They were trying to define the uses that would be permitted in the empty Motorola building by right versus uses on which they would have to request specific use approval later. Chair Fried/and opened the public audience but closed it when no one wished to speak. Mr. Cwynar confirmed that the applicant was in agreement with the Conditions of Approval in Exhibit "C." Mr. Ensler noted his understanding that if a use were not excluded, it would be a permitted use. He expressed a desire to either exclude or make conditional the following uses: septic tank, sewer and drain cleaning and repair services, upholstery and carpet steam cleaning businesses, self-storage facilities, vehicle transportation equipment, towing companies with exterior storage, vegetation recycling, dispatching, auto storage and distribution, lawn and garden and tree maintenance services, landscaping contractors, and boats. Mr. Woodson responded that they had included items in the list that had been approved in other P~[Ds around the City. He realized that Code Section 8.a.l.b under Commercial Uses lumped in some things that did not seem to fit but since the City had approved those uses for other PlODs, he did not second-guess them. The four uses that staff suggested be excluded were not uses that they hoped to bring in and they had no problem with deleting them from the permitted uses. Also, under sub-paragraph "C" on Exhibit D, on self-service storage facilities he observed a footnote. He asked Mr. 3ohnson to explain this footnote. It appeared Meeting Minutes Planning & Development Board Boynton Beach, Florida February 25, 2003 that the applicant was being limited to one type of self-storage facility. This was an important use because they were currently negotiating with such a tenant. Also, they preferred to retain limousine storage and dispatch, auto storage, and distribution as permitted uses. These uses have been approved in all the other PIDs in the City. Mr. Johnson stated that there were limited-access and multi-access self-storage facilities and staff was recommending that the multi-access self-storage facilities not be allowed. The multi-access facilities have overhead bay doors outside. The limited access facilities operate primarily inside a building. He hoped that the applicant would agree to exclude the multi-access self-storage facilities. Ms. Galav noted that when the Motorola DR! had been approved, their traffic analysis included traffic trip generation for storage and for self-storage. That was always an anticipated use. Chair Friedland asked if the usage would be visible to motorists and pedestrians on Congress Avenue. Mr. Woodson agreed that it would be inside and not visible to the community at large. Mr. Woodson introduced I~lr..1elf Douglas~ representing the owners, Maury L. Carter & Associates, in Orlando, Florida. He thanked staff for their assistance during the application process and said that the Planning & Zoning staff had been a delight to work with. He stated that they were willing to forego the septic tank and mobile home uses. Ms. Butler asked Mr. Douglas about the towing company with the exterior car storage. Mr. Douglas thought that there might be a vehicle removal use. He agreed that they would not have outside storage of towed vehicles or anything like that. He suggested that this be made a conditional use. Mr. Hillery asked Mr. Fitzpatrick, a lieutenant in the City's Fire Department, about the storage of fertilizer with ammonium nitrate and its safety. Mr. Douglas indicated that they would have to have an inspection by the Fire Department and that their insurance had stringent requirements as well. He said that they did store fertilizer for the landscaping of the extensive sod on the property. Assistant City Attorney Tolces indicated that any storage of hazardous material would require an environmental review under the City's Code so they would have to meet certain standards set by the professional associations and the Florida Building Code in order to have those types of uses on the property. Mr. Casaine felt that this should be put in the record as a conditional use. 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 25, 2003 Mr. Hillery inquired about vegetation recycling. Mr. Douglas thought that it could refer to pallets of mulch that might have to be kept out of the rain if a company were a supplier to Target or Wal-Mart, for example. The same thing would be true for fertilizer. Assistant City Attorney Tolces stated that there was a list of prohibited uses in the P:[D district and that it included such things as fertilizer manufacturing and/or distribution, chemical plants, parking of house trailers and use of such trailers as living quarters, acid manufacturing, pulp and paper mills, rendering plants, cement and or lime manufacturing or processing, glue works and so forth. Mr. Ensler thought that consideration had to be given to possible future expansions and additions at the property and what might be developed, inside and outside the building. Ms. Butler urged the Board not to "nit-pick" and get too restrictive. She felt that this was an important piece of property and that the Board needed to do everything in its power to welcome new businesses. Mr. Rumpf reiterated the businesses that would be excluded from the permitted use list in Code Section 8.a.l.b.--(5) septic tank, sewer, and drain cleaning and repair services, (7) lawn, garden, and tree maintenance services; landscaping contractors, (14)upholstery and carpet steam cleaning businesses, (15) towing companies with exterior storage, and (16) vegetation recycling. After discussion, item 14, upholstery and carpet steam cleaning businesses, was left on the list of permitted uses. However, Mr. Fitzpatrick did not believe that upholstery and steam carpet cleaning services should be permitted uses. I~lotion Mr. Hillery moved to approve the uses as presented in Exhibit D attached to the staff report on the Motorola P]:D, with the exception of the following uses as provided in Code Section 8.a.l.b, (5), (7), (15), and (16.) Mr. Hay seconded the motion that carried unanimously. Chair Fried/and announced that long-time Board member, Plr. Plaur/ce Rosenstock, was now at home and recovering nicely. He hoped that Mr. Rosenstock would stop by and say he/lo to the Board. B. Site Plan Time Extension Project: Agent: t4obil on the Run (SPTE 02-005) Woolbright and Congress Lucas Anthony, P.E., Kimley-Horn & Associates, ]:nc. 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 25, 2003 Owner: Location: Description: Mobil Oil Corporation 2605 West Woolbright Road Request for a site plan time extension of the site plan approval granted on January 2, 2002 to January 2, 2004. Mr. 3ohnson explained that this applicant's site plan had been approved but they had never pulled a building permit. This caused them to apply for a site plan approval extension. The applicant indicated that they hoped to have the new building constructed by this year. Staff recommended approval of the extension. Motion Mr. Cwynar moved to extend the site plan approval granted on January 2, 2002 to Mobil on the Run to 3anuary 2, 2004. Mr. Hay seconded the motion that carried unanimously. VIZT. Other Assistant City Attorney Tolces announced that the terms of three Board members were coming up for renegotiation. Also, the new Board year would start in April and there would be an election at that time for a new Chairperson and Vice Chairperson. :~X. Comments by Members Mr. Rumpf presented a last-minute request for the Board to consider a special meeting in March to consider an application from a reverse osmosis water filter assembler that wants to locate a business in Boynton Beach. The equipment would come pre-assembled and they would be doing welding and soldering. The applicant was under time constraints, probably applied by the landlord who realized that the rental was contingent upon the applicant's obtaining the City's approval of the business. The applicant wanted to have the meeting on March 4 so that the results could be forwarded to the City Commission for action on March :L8, 2003. After discussion, it appeared that staff could not complete a full analysis of the application prior to March 4. The Board decided to defer the application until its regular March 25, 2003 meeting. The City Commission would then review the case at its first meeting in April. Mr. Rumpf expressed confidence in the use approval. Motion Mr. Hay moved to consider the application of lq-I' [ndustries for use approval at the March 25, 2003 Planning & Development Board meeting at 6:30 p.m. Mr. Hay seconded the motion that carried unanimously. 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 25, 2003 Ms. Butler suggested letting the applicant know that the Board was looking forward to reviewing their application. Mr. Tolces reminded the Board members that the new start time of 6:30 p.m. would begin at their March 25, 2003 meeting. X. Adjournment Since there was no further business before the Board, the meeting duly adjourned at 8:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (022603) 7