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Minutes 03-25-03MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD .IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 25, 2003 AT 6:30 P.M. Present Mike Friedland, Chairman Jennifer Butler Sergio Casaine William Cwynar Mike Fitzpatrick Woodrow Hay, Vice Chair (arrived at 6:40) Alice Otis, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Maxime Ducoste-Amedee, Planner Eric Johnson, Planner Absent Ed Hillery Bob Ensler, Alternate I. Pledge of Allegiance Chairman Friedland called the meeting to order at 6:35 p.m. Mr. Cwynar led members in the Pledge of Allegiance to the Flag. A moment of silent prayer was observed on behalf of former Mayor Jerry Taylor and his family on the loss of their grandson, who died tragically in a bicycle accident. 2. Introduction of the Board Chairman Friedland introduced the Board members, Assistant City Attorney Tolces, staff members and the Recording Secretary. 3. Agenda Approval Motion Mr. Cwynar moved to approve the agenda. Motion seconded by Mr. Casaine and unanimously carded. Approval of Minutes - February 25, 2003 Workshop and Regular Meeting Motion Mr. Cwynar moved to approve the minutes. Motion seconded by Mr. Casaine and unanimously carried. Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 5. Communications and Announcements Chairman Friedland requested that when the public items were over, he would like the Board to remain to discuss the Board openings that will be coming up in April. A. Planning and Zoning Report 1. Final disposition of the February 25, 2003 Planning and Development Board Meeting Agenda Items The following actions were taken at the March 18, 2003 City Commission Meeting: 1. The Motorola PID Use Approval list was approved, with the changes made by this Board. 2. The Mobil on the Run site plan time extension was granted consistent with the Board's recommendation. 3. The text amendment dealing with self-storage was approved on first reading. Mr. Rumpf announced that the Board Dinner is scheduled for April 2nd and he would not be attending since he would be out of town attending a conference. Mr. Rumpf felt it was important that he be present at the Dinner to show his gratitude and appreciation for the fine work that the Board has done during the past year and thanked the Board. Ms. Galav will be attending on his behalf. Mr. Rumpf announced that Ms. Galav submitted a letter of resignation, effective April 11t~. Ms. Galav will be retained under contract temporarily to finish some important projects and to assist with filling the position. Chairman Friedland requested that the minutes reflect that the Board wished Ms. Galav good luck with her new endeavors. 6. Old Business Conditional Use/Site Plan POSTPONED BY APPLICANT Project: Agent: Owner: Location: 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) 2 Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 Description 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 Chairman Friedland called for a motion to postpone the Gateway Plaza item. Motion Mr. Cwynar moved to postpone. Motion seconded by Mr. Hay and unanimously carried. Mr. Fitzpatrick inquired how many times this item could be postponed. Assistant City Attorney Tolces responded that the postponement did not have to be to a specific date. Mr. Rumpf said that the applicant requested a postponement for one month and that the item be placed on the April 22nd agenda. The item has to be re-advertised. Attorney Jason Mankoff, of Weiner & Aronson, Attorney for the applicant, said that they would be willing to postpone the item to any date the Board may desire. Chairman Friedland asked about the status of the applicant's discussions with Quantum. Attorney Mankoff said that they are working on this and would like to have those issues resolved before they come back to the Board. Mr. Fitzpatrick thought that there have been an inordinate number of postponements and inquired if this has occurred in the past. Mr. Rumpf was not certain on this, but he felt that what was important was the life of the advertisement. Once that expires, a new ad is required, which sets the new dates. Chairman Friedland introduced former Board Chairman, Lee Wische and Commissioner Cad McKoy. Assistant City Attorney Tolces administered the oath to all persons who would be testifying. 7. New Business A. Master Plan Modification Project: Agent: Owner: Boynton Lakes/Hastings Lane (MPMD 03-001) Jack and Lucyna Lamb Jack and Lucyna Lamb and Claudine and Chris McCarthy 3 Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 Location: Description: 22 Hastings Lane/40Hastings Lane, Boynton Lakes PUD Request to amend the Boynton Lakes PUD Master Plan to reduce the rear yard setback from 10 feet to 2 feet for Lots #22 and #13, Block 10 of Plat No. 4 of Boynton Lakes North PUD, to allow the construction of hard-roof room additions. Mr. Ducoste-Amedee presented the item on behalf of staff. Mr. Ducoste-Amedee noted that Boynton Lakes was the first PUD established in Boynton Beach, which is composed of 172 detached, zero-lot-line homes. The total acreage is 54.7 acres and the development is located on the east side of Congress Avenue between Hypoluxo Road and the L-19 Canal. All lots are developed and the typical lot size is 5,000 square feet with varying frontages. All lots front on an internal road network that provides ingress and egress to Congress Avenue. Originally the approved setbacks were 20' in the front, 15' in the rear and side. An amendment to the setback was approved in 1989 to allow 10' rear setbacks. The two properties in question are located along the E-4 Canal and there are no minimum yard setbacks required within PUDs. The setbacks are approved with the PUD Master Plan. He noted that the purpose of building setbacks is to create separation between units. In this instance, a 10' rear setback is required. However, there are special conditions that exist with these parcels. The rear yards of the properties are adjacent to the E-4 Canal and there is approximately 85' of open space beyond the rear property lines of the applicants. From the rear property line of the subject property to the High Ridge Country Club there is approximately 170' separating the two properties. Reducing the setback would not result in the usual impacts because of the open space in the rear of the property and the distance separating the single-family homes and the High Ridge County Clubs. Staff feels that allowing the reduced rear yard setback would generate no negative impact upon the adjacent properties. Mr. Ducoste-Amedee noted that along the rear of the properties there is an 8' utility easement. The setback would encroach onto the easement. However, Chapter 5, Platting Section 10, does not allow any encroachment of utility easements. However, the Department of Public Works, Engineering Division reviewed this specific request and issued a memorandum indicating that they have no objection to the placement of improvements on the utility easement since the City utility lines are located in front of the properties. The other utility companies have also signed consent forms indicating that this easement is not being utilized for any utility support. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 Staff is recommending approval of the requests for reduction of the minimum rear yard setback from 10' to 2' because (1) the request will not be injurious to the area or detrimental to the public welfare; (2) the existing location of the subject lots are adjacent to the E-4 Canal; and (3) the intent of typical setback requirements will be met in the subject plat. Further, to maintain uniformity along the rear of the properties backing up to the E-4 Canal, staff is recommending that this setback modification include Lots #6 through #23, which were displayed on the overhead screen. This recommendation is subject to the conditions listed in Exhibit E, Conditions of Approval, including any necessary amendments to the Association documents, which may show or list the rear setback as being 10'. Chairman Friedland requested that the applicants assume the podium. Chairman Friedland welcomed Commissioner Mack McCray to the meeting. Assistant City Attorney Tolces administered the oath to Chris and Claudine McCarthy. Ms. McCarthy agreed with staff's recommendations and did not think that their application would have any negative impact on the neighbors. They received approval from each of their neighbors stating that they had no objections to their proposal. Mr. Casaine inquired if the application was presented to their homeowner's association. Ms. McCarthy stated that they did this and they were informed that they should make application to the City. Ms. Butler inquired if the setback would impede any access to the Canal for maintenance. Mr. Ducoste-Amedee said it would not. Mr. Hay inquired if there was a previous precedent and Mr. Ducoste-Amedee thought that there was one back in 1989 and that is why staff is requesting the Master Plan modification for consistency. Mr. Fitzpatrick asked about on-site water retention if the property setback was down to 2'. Mr. Rumpf noted that there is a building code requirement entitled impact of construction regulation that stipulates that if expansion of a unit is beyond a certain percent, there needs to be a minimum square footage of impervious area and that relates essentially to drainage. Mr. Fitzpatrick also had concerns that the setback might have an impact if a bikeway was built along the Canal. Mr. Rumpf said that the setback has nothing to do with the Canal. Mr. Fitzpatrick felt that if the application were approved this would set a precedent. He felt that there was nothing to prevent other developers, such as Quantum, from coming in asking for the same setbacks. Mr. Ducoste-Amedee said that any other applicant would have to go through the same process and it would have to be heard by the Board. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 Mr. Cwynar asked what utilities were located in the easement. Mr. Ducoste- Amedee said that there are no City utilities in the easement. Ms. McCarthy pointed out that the other applicant paid Adelphia Cable to move the cable and they would have to do the same thing if the setback was approved. Ms. Otis inquired if the other applicant received approval from their neighbors. Ms. McCarthy said that the Lambs' neighbors also approved of the setback. The neighbors feel that this will improve property values and allow all of the neighbors to make improvements to their property. Ms. Butler complimented the applicants in deciding to remain in their neighborhood and make improvements, thereby enhancing the neighborhood; rather than choosing to move out of the community. Mr. Cwynar had concerns about the utility easement. Mr. Ducoste-Amedee pointed out that the City Engineer in their memorandum stated that there are no plans to utilize the utility easement. Ms. McCarthy also noted that the Lambs had received easement consent forms signed by the telephone company and the cable company. With regard to FP&L, she noted that their easement is in front of the property. Chairman Friedland opened up the public hearing. Since no one wished to speak, the public hearing was closed. Motion Ms. Butler moved to approve the reduction of the rear setback from 10' to 2' for Boynton Lakes on Hastings Lane for Lots 6 through 23. Motion seconded by Mr. Casaine and unanimously carried. Assistant City Attorney Tolces explained that recommendation to the City Commission and that decision. this Board makes a body will make the final B. Use Approval Project: Agent: Owner: Location: Description: ITT Industries, Inc. (USAP 03-001) Dennis Ramsey, Production Manager Premier Asset Management Premier Gateway Center @ Quantum Park (Lots 32-38) Request for use approval for assembly and distribution of reverse osmosis and desalination equipment on lots designated "industrial" in the Quantum Park PID. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 Eric Johnson, Planner presented the item on behalf of staff. Mr. Johnson noted that the property is known as the Quantum Business Center and was approved in 2000 for three buildings, totaling 336,050 square feet. The applicant intends to occupy 45,000 square feet of building #2. Thirty-six thousand square feet will be used for assembly and 9,000 square feet will be used as office space. The lots are zoned PID, but have an industrial land use classification. Mr. Johnson referred to Exhibit B of the agenda memorandum that listed the various Quantum Park land use classifications. Under the "Industrial" heading there are specific uses that are tailored to businesses occupying space in Quantum Park. The use being proposed by the applicant, which is the assembly and wholesale distribution for reverse osmosis and desalination equipment, is not allowed under the "Industrial" heading under the "warehouse, distribution, wholesale" land use classification. Therefore, a land use designation needs to be found to accommodate the proposed use. Mr. Johnson stated that in the M-1 zoning district in Chapter 2, Section 8.^.1.a.(14) there is a heading that states "businesses that engage in machinery equipment, appliances, parts, and tools (limited to assembly of finished parts and materials) are permitted uses in the M-1 zoning distdct and this would allow the proposed use. Staff is recommending approval. Staff, however, would like the recommendation not to state the specific approval of the "assembly and distribution of reverse osmosis and desalination equipment," but would like to utilize the use listed in the M-1 zoning district. Mr. Johnson also noted that the applicant must address the 11 criteria that come under the performance standards and the applicant must certify that they will not violate any of the performance standards required. There is one condition of approval that states if the condition of approval is required to go through environmental review, they will have to obtain a permit. Staff will determine this. Staff is recommending approval with this one condition of approval. David Norris, Attorney for Premier Asset Management and the applicant, noted that the subject properties are lots 32 through 38 in Quantum Park. The buildings being developed on the properties have been approved. He also concurred that the property is classified Industrial in Quantum Park and under the PID zoning, any industrial use must be approved by this Board. Because there is no specific use that would apply to the applicant's requested use, they are asking that this use be added as an approved use. Mr. Norris pointed out that the applicant has addressed the 11 performance standards and the use will not conflict with those standards. Further, the use that is being requested is consistent with the intent and purpose of the PID zoning district. Mr. Norris also pointed out that the applicant will be occupying over 7 Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 40,000 square feet of space and will be hiring over 60 people, which will be a good addition to the City. Mr. Norris requested that if the Board approves the request, he would like the motion to state that the use is not in conflict with the performance standards and that the use is consistent with the purposes and intent of the PID section of the Code. Also, Mr. Norris asked that the use include "the assembly and distribution of reverse osmosis and desalination equipment and similar manufacturing and assembly type businesses and uses under the M-1 zoning classification." Mr. Fitzpatrick inquired what the reverse osmosis and desalination equipment would be used for. Dennis Ramsey, Production Manager at ITT Industries, Inc., Water- Equipment Technology Division explained that reverse osmosis and desalination is equipment that takes salts and solids out of the water. This could be done from lakes and wells, as well as turning ocean water into drinking water. They perform these services for industrial, commercial and resort-type uses. This service can be done from 250 gallons per day--up to 4 million gallons per day. Chairman Friedland opened up the public hearing. Since no one wished to speak, the public hearing was closed. For clarification, Mr. Johnson pointed out that the use definition would fall under No. 14, "manufacturing, fabrication and processing of machinery, equipment, appliances, parts, and tools, limited to assembly of finished parts and material," which are permitted in the M-1 zoning district under Chapter 2, Section 8.A.1.a.(14) and would not include all 21 items. Motion Mr. Hay moved to approve the request for use approval for assembly and distribution of reverse osmosis and desalination equipment on lots designated "Industrial" in the Quantum Park PID, including staff comments. Motion seconded by Mr. Casaine. Assistant City Attorney Tolces pointed out for clarification purposes that this would be added to the uses as described in Chapter 2, Section 8.A.1.a.(14) of the LDR of the City of Boynton Beach. Vote The motion unanimously carried. Assistant City Attorney Tolces reminded the applicant that the item would be going to the City Commission for final approval. 8 Meeting Minutes Planning and Development Board Boynton Beach, FL March 25, 2003 8. Other 9. Comments by Members Chairman Friedland pointed out that there are three regular members and two alternate members on the Board whose terms are ending and they will either be reappointed or replaced. Chairman Friedland wished all the outgoing members good luck. Chairman Friedland noted that he receives the minutes of the CRA and would like all the members to read their minutes. He noted that he attended one of their workshops at which a museum was discussed. Assistant City Attorney Tolces cautioned Chairman Friedland not to discuss items that may potentially come before the Board. Even though the item was not on the agenda, he felt it was necessary to recommend not discussing any potential agenda items. Chairman Friedland reported that there is a great deal of development coming to Federal Highway and downtown areas, and he was pleased to see what is happening in the City. Mr. Casaine asked what the procedure was for reappointment to the Board. Chairman Friedland explained that members wishing to be reappointed to their Board positions must complete a new application. Assistant City Attorney Tolces noted that the new appointments are scheduled for the next City Commission meeting and at the Board's next meeting, they must elect a new Chair and Vice Chair. 10. Adjournment There being no further business, the meeting propedy adjourned at 7:40 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (March 26, 2003) 9