Loading...
Minutes 04-22-03MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 22, 2003 AT 6:30 P.M. Present Mike Friedland Jennifer Butler William Cwynar Woodrow Hay Steve Myott Lee Wische Bob Ensler, Alternate David Tolces, Assistant City Attorney Dick Hudson, Senior Planner Eric Johnson, Planner Absent Sergio Casaine I. Pledge of Allegiance Chairman Friedland called the meeting to order at 6:35 p.m. Mr. Wische led members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Friedland introduced the Board members and Assistant City Attorney Tolces. 3. Agenda Approval Attorney Tolces announced that staff requested that Item E.2 be postponed and that the agenda should be approved with this change. Motion Mr. Cwynar moved to approve the agenda with the postponement of Item E.2. Motion seconded by Mr. Wische and unanimously carried. 4. Election of New Chairman and Vice Chairman Mr. Friedland stated that he has enjoyed being Chairman of the Board and asked for nominations for Chairman. 'Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Motion Mr. Hay nominated Lee Wische as Chairman. Motion seconded by Mr. Ensler. There were no other nominations. Vote The vote to elect Lee Wische Chairman was unanimous. Mr. Wische assumed the Chairmanship of the Board. Chairman Wische thanked everyone for his appointment as Chair and said that he would try to do the best he could in this capacity. Mr. Wische called for nominations for Vice Chair. Motion Ms. Butler nominated William Cwynar as Vice Chair. Motion seconded by Mr. Hay. There were no other nominations. Vote The vote to elect William Cwynar as Vice Chair was unanimous 5. Approval of Minutes - March 25, 2003 Motion Mr. Friedland moved to approve the minutes. Motion seconded by Mr. Hay and unanimously carried. 6. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the March 25, 2003 Planning and Development Board Meeting Agenda Items Mr. Hudson reported that the following actions were taken at the April 1,2003 City Commission Meeting: 1. The Gateway Plaza item was postponed. 2. The Boynton Lakes/Hastings Lane variances were approved upon consent. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 3. ITT Industries' request for approval for assembly and distribution of reverse osmosis and desalination equipment in Quantum Park was approved. 4. The Motorola Land Use Amendment, from a prior meeting, was approved on final reading. Attorney Tolces administered the oath to all persons who would be testifying. 7. Old Business: A. Conditional Use/Site Plan INDEFINITE POSTPONMENT REQUESTED BY APPLICANT 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. Motion Mr. Ensler moved that the item be taken off the agenda until the applicant requests that it be placed back on a future agenda. Motion seconded by Mr. Friedland and unanimously carded. 8. New Business: A. Annexation Project: Agent: Owner: Location: Description: Serrano @ Boynton (ANNEX 03-001) Paul Bach Beth Peschl West of Congress, North of the L-28 Canal Request to annex a + 9.74-acre parcel B. Land Use Plan Amendment/Rezoninq Project: Agent: Owner: Serrano @ Boynton (LUAR 03-002) Paul Bach Beth Peschl 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Location: Description: West of Congress, North of the L-28 Canal Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR); and Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) Chairman Wische noted that the two items would be heard simultaneously. Mr. Dick Hudson, Senior Planner presented the item on behalf of staff. Mr. Hudson announced that 93 letters from residents of Silverlake have been received in opposition to the annexation and rezoning. Also submitted in opposition is a letter from the Village of Golf and a petition signed by 33 residents of the Village of Golf. Copies of all these documents are on file in the City Clerk's Office. A gentleman in the audience inquired about the status of the 128 letters submitted by residents of Chanteclair in opposition to the rezoning. He was informed that those letters are also on file in the City Clerk's _ Office. The property is comprised of 9.78 acres and the applicant is requesting a change to medium density of 9.68 dua in a PUD. The applicant is proposing to build 92 fee-simple townhouses. The property is surrounded by the Silvedake Development, which is designated Iow-density/residential and contains approximately 2.4 units per acre. There is a single two-story house located in the Town of Golf to the northwest of the property. To the south, there are rights-of-way belonging to the Lake Worth Drainage District and Palmland Drive. The land is designated high density residential (10.8 units per acre)to the west. Chanteclair Villas was built at 7.42 dua and Palmland Villas at 8.57 dua. To the east is the Crosspointe Elementary School and to the west is the Village of Golf. The Master Plan proposes a development of 98 fee simple townhomes with a 70' wide entrance road from Palmland Drive across the L-28 canal. This will replace the existing 10' wide ingress/egress easement. The road will loop approximately 120 feet inside the property boundaries. There will be a one-acre lake in the center of the property and one-quarter of an acre will be the recreation site. ^ 15' landscape buffer completely surrounding the property is also proposed. Mr. Hudson noted that the maximum density allowed by the Medium Density Residential land use classification is 9.58 dua and this would allow the developer a maximum of 92 units. Maximum allowable height is 30'. Chanteclair is located approximately 170' from the site, and the site is 75' from the closest building to the property line of the development in the Village of Golf. Since this is considered a small-scale development application, it would go through the entire process in the City prior to being Submitted to the Department of Community Affairs. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Mr. Hudson also explained that the project needs "Intergovernmental Coordination." The Village of Golf has advised staff that they will submit a formal objection to the Land Use Amendment through the Intergovernmental Plan Amendment Review Committee (IPARC). If the objection is filed prior to the adoption of the Ordinance by the City Commission, IPARC will assemble a fact-finding committee to review the facts and generate an opinion on the proposed amendment. The IPARC position would be forwarded to the City for consideration. Staff has reviewed the project against the criteria contained in the Code and determined that the project is inconsistent with a document entitled "Land Use Problems and Opportunities" that was adopted in 1989 by reference in Policy 1.16.3. It states that the recommendations in the Land Use Problems and Opportunities shall apply, regardless of the status of the City's development regulations and are incorporated by reference into the goals, objectives and policies of the Plan. The policy states that these parcels should be annexed and placed into the Iow-density land use category and development should be limited to single-family detached dwellings to be compatible with the one-story condominiums located to the south and the single-family subdivision to the north. One parcel has already been annexed for the school and no adjustment to the subsection was made since schools can go into any zoning district. The project could be built at a higher density, if this policy were not in the plan. However, the requested 9 units per acre are still not acceptable and something close to 7 units per acre would be more acceptable. The applicant also requested 35' for height and all residential heights in the area are 30'. Staff would recommend that the height not exceed 30'. Staff also looked at other available land in the City that would be available for this type of development and there are only three parcels that have densities greater than 4.84 dua. All the other remaining parcels in the City are much larger and contain between 50 to 100 acres; there are only four parcels left for residential development. Any new residential developments would require a land use amendment and rezoning. The project would not create any additional impacts on the infrastructure that were not anticipated in the Comprehensive Plan. It could be considered compatible with land use designations and would contribute to the overall economic development of the City. However, based on the one policy in the Comprehensive Plan, staff cannot recommend approval. If the request is approved, there should be a requirement that staff would initiate an amendment to the policy in the Plan and the support documents. This would be considered a large-scale amendment and if it were submitted to DCA, it would be approved by December. If there are any additional conditions of approval, they should be included in a separate document to go forward with the application. Mr. Hay inquired about the height exception and Mr. Hudson responded that the applicant could not go beyond the 30' height. Mr. Friedland asked if there were any other developments in the City that were at 35' and was informed there were none. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Ms. Butler asked how large the Estates of Silverlake were and was informed that the Estates of Silvedake contained approximately 83 acres with 170 approved units. Mr. Ensler noted that the staff report mentions that there was a request to rezone the property to a density of approximately 7 dua and the City Commission turned this down. Mr. Ensler inquired why this request was turned down and Mr. Hudson was not sure, but thought that there was a great deal of opposition at that time. The request to rezone could not have been approved unless the policy was amended. Mr. Myott inquired about the plan for the buildings and how many stories were anticipated. Mr. Hudson informed him that the buildings would be two-story with a one- car garage. With regard to the size of the units, Mr. Hudson suggested that the developer answer this question. Attorney Marty Perry, representing D.R. Horton, the contract purchaser and proposed developer, introduced Julian Bryan, their land planner, who would be giving a PowerPoint presentation that should cover a lot of the speculation that has been circulating in the community. Attorney Perry would address comments after the presentation. Julian Bryan, 756 St. Albans Drive, Boca Raton noted that the units would be fee simple units and the buildings would contain between three to six units. All buildings would be two story and the square footage would range between 1,800 to 2,000 square feet. Selling prices would begin at $174,000. The height of the buildings would be less than 30'. A proposed master plan was presented, minus the buildings. There would be a 15' landscape setback, plus an additional 15' rear yard for a total of 30' between the property line and the structures. The three homes that abut the site already have a 25' setback. Mr. Bryan pointed out that the construction of the school has substantially altered the character of the neighborhood and has created a five and ten acre parcel that is landlocked. They will, however, continue to provide access to this property. Mr. Bryan reviewed the site plan and noted that each unit will have its own garage with a doublewide driveway. The recreation area will be located at the intersection of the road in the southwest corner and it is anticipated that the recreation area would be passive recreation. They are proposing to build 92 units on 9.74 acres. Each unit will also include a small front yard and rear area or porch. Therefore, the square footage of the lot would be larger than the footprint. It is anticipated that the driveways would be paver driveways and the roof would be either concrete or barrel tile. The price ranges of the units of $174,000 to $190,000 does not include any additional lot premiums. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Mr. Bryan presented a comparison of recent sales prices and square footage of units in the area compared to their proposed project. The figures indicate that their project falls somewhere in the middle. Mr. Bryan concluded his presentation. Mr. Ensler noted that the staff report states that there will be 92 fee simple homes, but the site plan analysis states 98. Mr. Bryan stated that 92 is the correct number. Mr. Ensler also inquired about the minimum lot size and was informed that it would be 24' wide by 75' to 80' deep, or approximately 2,000 square feet. Mr. Bryan did not feel that the lot size was relevant because most of the land would be common land and owned by the homeowner's association. Mr. Myott noted that the plan shows that there is no pool or clubhouse, and he felt that including these types of amenities would add to the project. He did not think that the project fit the standard that the City has been trying to establish for townhome communities. Mr. Bryan agreed and stated that the plan is merely a graphic that represents where the buildings would be placed; it does not show any brick pavers, street furniture, lighting fixtures and other details that would be presented at a site plan review process. Mr. Myott felt that the plan was disappointing. Mr. Friedland inquired if the rezoning did not pass could the annexation still go through. Attorney Tolces responded that this would depend upon whether the owner would want to proceed without the site plan approval, since this is a voluntary annexation. Mr. Friedland felt that the annexation should proceed in any event. Mr. Cwynar inquired if the developer has taken title to the property and was informed he has not. He also asked if approval of this was contingent upon the land use and rezoning being approved and was informed that it was. Ms. Butler asked for more detail of the recreation area. Mr. Bryan said that because staff is recommending a lower density it becomes a matter of economics. They would like to put some kind of recreational facilities on the property, but he was not sure at this point'in time what those amenities would be. Mr. Myott felt that a community of this size and price range should have these amenities. Mr. Perry noted that they were present tonight with a petition for annexation and rezoning. The site plan being presented was just prepared in order to have something to show the Board and the plan presented by staff was just a plain bubble plan. The reason they prepared the site plan was to address all the speculation that was circulating. Mr. Perry said that their project would not affect the property values in the neighborhood. They would be offering amenities to their prospective purchasers, but he was not sure what they would be at this time. Chairman Wische introduced Commissioner Mack McCray in the audience. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Chairman Wische requested that site plan items not be addressed. He did ask, however, if there was room for site plan amenities. Attorney Perry felt that there was room for amenities, but there were more significant issues that needed to be addressed. From an economic standpoint, there was not a great deal of latitude they could deal with, but they would be willing to reduce the density to 84 units. Anything less than that would not be economically feasible. This would free up more space for buffering the three houses most impacted. Attorney Perry thought that the Comprehensive Plan language was the main issue; whether or not the project has to be limited to single-family residence; and whether it would be compatible with the neighboring properties. Attorney Perry pointed out that they have been meeting with staff for over five months and the first time they learned of the Comprehensive Plan issue was yesterday when they received the staff report. Had they known about it previously, they would have made a request for a text amendment. If the project were approved, a text amendment could be made to the Comprehensive Plan to solve the problem. He further said that allowing the school to be built changed the conditions in the area and the text issue should have been addressed at that time. Attorney Perry felt that they met all the criteria for approval except for this one issue. Staff noted that a good transitional density would be 7.26 units per acre or 70 units, but the way the text is written, the 70 units would have to be single-family units, which could not be done on this piece of property. Attorney Perry said that they could not possibly put in a development of only 70 units and questioned if there was much difference between 70 and 84 units. Mr. Myott inquired what the density would be at 84 units and Attorney Perry responded it would be 8.6 dua. Attorney Perry said that they would be willing to put in additional landscaping to create a 30' buffer area between their project and the three homes that abut Silverlake, if these three homeowners would allow it. Further, Attorney Perry noted that by annexing this property, it would meet with one of the City's goal, which is to square off its boundaries. Attorney Perry requested an opportunity for rebuttal after the public hearing, which Chairman Wische agreed to. Chairman Wische opened up the public hearing. He requested that a representative from each of the four affected parcels speak, i.e. a representative from Silvedake, the Village of Golf, Palmland Villas and Chanteclair Villas. Each person will be given five minutes. After these people speak, anyone in favor of the project will be given an opportunity to speak. Mr. Roger Saberson, one of the three property owners that abut the project requested that he be permitted to speak. Chairman Wische said that the property owners that abut the project would also be permitted to speak. Roger Saberson, 2740 SW Cranbrook Drive pointed out his property on the plan and said that his lot was most affected by the project. He felt that if this parcel and the other 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 remaining parcel were developed, his property would become like a prison with walls on both sides. He asked the question that if the project were approved, would it be considered granting of a special privilege considering the existing density in the adjoining areas. He felt that the project would be totally incompatible with the three surrounding communities. He referred to the Comprehensive Plan that was adopted in 1989 that states what should be placed on this property and that it should be single-family, Iow density development. He did not think that the City could legally approve the application as submitted and he cited Florida Statutes Chapter 163 that requires that all development orders have to be consistent with the Comprehensive Plan, which staff pointed out. He also felt that the developers should have known this without having to be told by staff. Mr. Saberson was also opposed to the 25' setback for his property since the setback for the property to the south would be 170', the Village of Golf was 175' away, and to the east there was no impact at all since there is a lake. He felt if the project moved forward there should be a major change in this setback. Mr. Saberson said that he met with Mr. Hudson over a week ago and at that time requested to view all files pertaining to the application. All he was shown was the bubble plan and a sheet of paper entitled "Townhouse Design Standards." At that time he was told that the square footage of the units under air would be 1,000 square feet and tonight was the first time he heard that the units were 1,640 square feet. He felt that the City's process was flawed and that the design standards and criteria should have been included with the application. Mr. Saberson requested that the process be stopped tonight and stated that he and his wife are opposed to the project. Dr. Herbert Shaftel, a resident of Silvedake, questioned why developers could speak for such a long period of time and citizens are only allowed five minutes. Further, Dr. Shaftel did not think that the various communities appointed a single speaker to represent them. He would like an opportunity to speak. Chairman Wische explained that the fairest way to address this would be to have a representative of each community speak. The developer and City were allowed to speak for as long as necessary. Attorney Bob Diffenderfer, of Lewis, Longman and Walker, 1700 Palm Beach Lakes Boulevard, West Palm Beach, representing the Village of Golf, assumed the podium and introduced Carrie Hill, the Village of Golf Manager. The Village of Golf has submitted a letter of objection to the proposal, which is included in the records of the City Clerk's Office. Attorney Diffenderfer wished to discuss the Comprehensive Plan issue. He said that the application cannot be approved tonight. The applicant is asking staff and the Board to ignore it and come back another time and change it. He pointed out that the City's 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Comprehensive Plan has identified a number of problem areas, which this piece of property falls into. The Plan states: "That the property should be annexed and placed in Iow density residential land use category and development of the property should generally be limited to single-family residential dwellings to be compatible with the one- story condominiums to the south and the single-family subdivision to the north. He felt that there was no excuse for the applicant to state they were unaware of the language in the Comprehensive Plan. Attorney Diffenderfer cited Objective 1.6 that reads: "the City would continue to regulate the use, density and intensity of land use by requiring that all land development orders be consistent with the future land use plan and other applicable policies of the Comprehensive Plan." Policy 1.16.1 states that "recommendations for specific areas {this property} which are contained in the Land Use Problems and Opportunities section of this Element shall supersede the uses or intensities set forth in the land uses below, if these recommendations are more restrictive." The argument that "conditions have changed" is inapplicable in this situation. He pointed out that the City has been asked to change the language previously and refused. Staff recognizes that the project is inconsistent with the Plan and if approved it could open up a challenge to the plan. Attorney Diffenderfer supports staffs recommendation for denial and that it would be totally improper to consider it. Charles Stone, 2410 Cranbrook Drive, Estates of Silverlake spoke on behalf of the residents of Silvedake and stated that he was the President of the Board. He agreed that the project is not in accord with the Comprehensive Plan and he did not believe that the developer's counsel was unaware of provisions in the Plan. He noted that the heights of the houses in Silverlake were approximately 20' high and in the Village of Golf approximately 15'. He did not think that the proposed project could be called a "transition" project and he sees a need for conformity. The smallest house in Silvedake is 1,700 square feet under air and goes up to 3,300 square feet. Also, sales of record far exceed the $235,000 value that the applicant mentioned. There have been recent sales of $325,000 to $350,000. Mr. Stone suggested that the developer go back to the seller of the property and get a lower price so that he could develop the property as it was intended and still make a profit. Joseph Baldwin, 1746 Palmland Drive, Boynton Beach, President of Chanteclair Villas stated that there are 214 families living in Palmland Villas on over 25 acres of land. Mr. Baldwin has been a resident of the City for 25 years. He stated that they were opposed to the proposed project and requested that the property not be rezoned beyond the approved limit. The project would result in an increase in traffic since their development is on a small country road that goes out to Congress Avenue. He pointed out that there is a problem with the water and their development, as well as the Estates of Silvedake, has been flooded numerous times and when it rains the canal rises up. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Mr. Baldwin noted that there has been activity going on at the property and questioned if permits have been obtained. He urged the Board to listen to the residents and not the builders and asked the Board not to approve the rezoning of the property. Mary Lou Maloney, 1900 Palmland Drive, Boynton Beach has been a resident of the City for over 20 years. She read a letter signed by many residents of Palmland requesting that the Serrano project not be approved. They are in favor of annexation of the land to control future land use and development. They are not in favor of the rezoning and have concerns about the height of the building and the reoccurring flooding problems. Also, consideration needs to be given to the additional traffic that would be generated. She requested that the property remain Iow density residential in order to be consistent with the surrounding neighborhoods. Ms. Maloney submitted the signed letter to the Recording Secretary for inclusion in the City Clerk's records. Chairman Wische asked if anyone in the audience favored the project and wished to speak. There were none. Chairman Wische requested that Dr. Shaftel assume the podium. Dr. Herbert Shaftel, 2549 SW 23rd Cranbrook Drive, said that when you get old, time is of the essence and he does not have time to deal with minutia politicking. He pointed out that all the people tonight were against the project and that this Board should do the right thing. If the Board does not do the right thing, the only weapon they have left is the voting machine. Attorney Perry addressed Mr. Saberson's comments that his yard would be like a prison yard and having a single-family residence backing up to his property would still create a walled in effect. Under current County regulations, 49 single-family residences would be permitted on this site and could go to 35'. With regard to the comment that there are land development activities taking place on the property, Attorney Perry stated that the current landowner has a nursery on the site and is removing it. Attorney Perry read the language contained in sub-section 8.d of the Comprehensive Plan that states, "These parcels should be annexed and placed in the Iow density, residential land use category. Development of these properties should generally be limited to single-family, detached dwellings so as to be compatible with the one-story condominiums that lie to the south and the single-family sub-division lying to the north, compatible between those two areas." He noted that although the City turned down a text change in 1993, in 2001 the City deviated from this language by approving a 37' tall, 970-student population school. He noted that the School does not fall within the language and asked if the City chose to ignore the language. He also noted that the language states that development of these properties should "generally" be limited to single family. It does not say "exclusively" or "only" be limited to single family. Attorney 11 'Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Perry respectfully requested that the Board give fair and objective consideration to their request. Mr. Myott asked Mr. Hudson if he agreed with Attorney Perry's interpretation of the word "generally" and whether it would leave it open for interpretation. Mr. Hudson responded that the language in the plan needs to be amended and the policy itself is a problem. Attorney Tolces responded that tonight was the first time that he was apprised of this language and the Plan does state that these parcels should be annexed and placed in Iow-density residential category. Development of the parcels should generally be limited to single-family detached dwellings. It might provide some opportunity or interpretation as to what would or would not be consistent with the Comprehensive Plan Policy without looking at the history of the language. It is a debatable issue and he felt that he was not prepared at this point to make a determination either way. Mr. Ensler felt that one of the responsibilities of the Planning and Development Board is to protect the zoning of the City to ensure that there is compatible and transitional zoning. He did not think that the project presented could be interpreted as transitional and the County's zoning is more transitional at the 4 to 5 dua. He also agreed that the City did the right thing in denying the zoning in 1993. Mr. Ensler felt that the zoning should be limited to single-family homes to be consistent with the Comprehensive Plan and the development should be limited to 48 single-family homes. Mr. Friedland noted that there are approximately 65,000 residents in the City and pointed out that there have been many projects that have come before this Board that residents opposed and yet were passed by this Board. Most opposition to projects is due to misunderstandings and improper information. Mr. Friedland felt that this new development would bring more money into the City and when the real site plan is presented, residents would have more of an opportunity to see exactly what the project would look like. Chairman Wische discussed the Comprehensive Plan that was adopted in 1989 that recommended Iow-density land use for this area and noted that he was on the Commission at that time and voted for this use. He felt that this Board had a fiduciary responsibility to the people that come before the Board and it is also the Board's responsibility to do what is best for the people. Chairman Wische called for a motion. Attorney Tolces reminded the Board that the motion would be a recommendation to the City Commission. Chairman Wische added that whatever this Board determines, it is a recommendation to the City Commission and they would make the final decision. Mr. Myott inquired if the applicant would be agreeable to have the motion include lowering the density to 8.6 units per acre. ,Attorney Perry said that they were amenable to this. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Mr. Tolces suggested that there be separate motions. Motion Ms. Butler moved to approve the annexation of the ± 9.74-acre parcel located west of Congress, North of the L-28 Canal. Motion seconded by Mr. Hay. Motion carried 6-1 (Chairman Wische dissenting). Motion Mr. Ensler moved to deny the request to rezone a ± 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD). Motion seconded by Mr. Hay. The Recording Secretary called the roll. The motion to deny the rezoning passed 4-3 (Mike Friedland, Jennifer Butler and Steve. Myott dissenting). Motion Mr. Hay moved to approve the request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR). Motion seconded by Mr. Myott. Attorney Tolces stated that technically the motion to amend the Comprehensive Plan should have come before the motion to rezone. Vote The motion carried 6-1 (Mr. Ensler dissenting). RECESS WAS DECLARED AT 8:35 P.M. THE MEETING RECONVEND AT 8:45 P.M. Members raised questions regarding the prior three motions, which Attorney Tolces addressed. Attorney Tolces explained that there were three motions for the Serrano @ Boynton agenda item; the first motion was to annex the parcel into the City which passed 6-1; the second motion was to deny the request to rezone the property to PUD that carried 4-3; and the third motion was to approve the request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential ((MeDR) that passed 6-1. The first and third motions will move forward to the City Commission with a recommendation of approval. Mr. Hay said that he did not intend to approve the item to amend the Comprehensive Plan Future Land Use Map, and Attorney Tolces said that he could make a motion to reconsider his motion. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Motion Mr. Hay moved to reconsider the motion on the request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MEDR). Motion seconded by Mr. Cwyner. The motion to reconsider carried 4-3 (Mike Friedland, Jennifer Butler and Steve Myott dissenting). Motion Mr. Ensler moved to deny the request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR). Motion seconded by Mr. Hay and carried 4-3 (Mike Friedland, Jennifer Butler and Steve Myott dissenting). Attorney Tolces stated that the request to amend the Comprehensive Plan Future Land Use Map will move forward with a recommendation of denial. C. Conditional Use 1. Project: Agent: Owner: Location: Description: Eckerd Drugs @ Target (COUS 03-001) Erik Wilczek, P.E., Kimley-Horn & Associates, Inc. Andrew Berger, American Development Corp. 1895 N. Congress Avenue, Target Shopping Center Request for conditional use approval for a drive-through facility in an existing 11,786 square foot building on a 2.27-acre parcel Eric Johnson presented the item on behalf of staff and requested that the two Eckerd items be reviewed together, but voted on separately. The applicant would like to occupy an existing store on parcel A of the Target Commercial Center, which is comprised of four different parcels. Eckerd is requesting a drive-through feature on the east fa(;ade. If this were allowed, ten parking spaces would be eliminated. Staff is recommending approval with certain conditions, to which the applicant has agreed. Staff is also recommending that occupancy of the building take place within one year. The major site plan modification is a housekeeping issue. There are two conditions of approval for the site plan and the applicant has agreed to both. Erik Wilczek, 7002 NW 39t' Street, Coral Springs, Florida, agent for the applicant, stated that they agreed with all staff comments. 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Ms. Butler inquired if the other tenants were notified of the elimination of the 10 parking spaces. Mr. Johnson responded that as part of the conditional use application all property owners within a 400' radius of parcel A were notified. Mr. Myott requested to view the color samples. Kent Hamilton, Architect, of 235 Commercial Boulevard, Suite 208, Lauderdale-by- the-Sea explained that the color of the building would be soft beige that would blend in with the color of McDonald's, which is located closer to the project than the Target Store. Mr. Myott inquired about the colors of the Eckerd lettering. Mr. Hamilton stated that the lettering would be blue and would be lit up at night. The window frames would be bronze. Mr. Myott asked if the parapet hid all the equipment and was informed that it did. Mr. Hamilton stated that they would be removing the awnings since they did not meet the hurricane code requirements. They will also be replacing the awnings with a barrel tile roof to meet the 140 mph wind load. They will also be significantly improving the current landscaping and the drive-through will be completely hidden by the landscaping. Ms. Butler inquired how the delivery trucks would access the property, and Mr. Hamilton pointed out the route on the map. He noted that for a store of this size, delivery trucks with general merchandise would only come twice a week and the turning radius would be adequate. Mr. Hamilton explained that the loading area would remain exactly where the current loading area is. There was no one in the public that wished to speak on this item. Motion Mr. Friedland moved to approve the request for conditional use approval for a drive- through facility in an existing 11,786 square foot building on a 2.27-acre parcel, subject to all staff comments. Motion seconded by Mr. Hay and unanimously carried. D. Major Site Plan Modification 1. Project: Agent: Owner: Location: Eckerd Drugs (~ Target (MSPM 03-002) Erik Wilczek, P.E. Kimley-Horn & Associates, Inc. Andrew Berger, Amedcan Development Corp. 1895 N. Congress Avenue, Target Shopping Center 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Description: Request for major site plan modification to reconfigure parking spaces in Parcel "A" of Target Commercial Center Motion Mr. Hay moved to approve the request for major site land modification to reconfigure parking spaces in Parcel "A" of Target Commercial Center. Motion seconded by Mr. Cwynar and unanimously carried. E. Code Review Project: Agent: Location: Request: Indoor Recreation Facilities/Athletic Competitions (CDRV 03-002) City Initiated C-3 Community Commercial and C-4 General Commercial Districts Request to amend the Land Development Regulations: 1. Chapter 1. Definitions, by adding definitions for "Athletic Competitions," "Amusement Arcade," "Billiard Hall," Bowling Alley," "Gymnasium/Health Club," "Shooting Range, Indoor," "Skating Rink;" and 2. Chapter 2, Zoning, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses. Dick Hudson, Senior Planner, presented the item on behalf of staff. This code review was generated at the request of the City Commission. The amendment would allow amateur and professional competitions such as boxing, martial arts and wrestling, subject to conditional use approval within the C-3 Community Commercial and C-4 General Commercial Districts. Mr. Hudson noted that since the staff report was distributed, the Attorney's Office has made two minor changes as follows: (1) In the definition of bowling alley, the word "playing" has been deleted and the words "ancillary public areas" were substituted in its place. (2) In the definition of "shooting range, indoor", the word "arrow" has been added between the words "pistols" and "shotguns". Mr. Ensler noted that there were many sports that were not included in the definition of "athletic competitions" and questioned why bowling and shooting were not included. Mr. Hudson said he would check on this omission. Mr. Ensler also thought that racquetball and swimming should be included and the definition of athletic competition was not broad enough. Mr. Hudson thought that the inclusion of the wording "but not be limited to" would cover a myriad of other competitions. 16 .Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Mr. Myott requested that the owner of Club Ovation address the Board. He felt that boxing was a good thing and could bring some notoriety to the City. Mr. Myott asked the owner how this would affect his property. Mr. Randy Grinter, owner of Club Ovation, informed Mr. Myott that originally he thought this was an'allowable use of the facility when he purchased it nine months ago since previous boxing events had been held there. If boxing matches were held, it would actually reduce the occupancy of the building because a boxing ring and temporary seating would have to be set up. Mr. Myott inquired if he would be applying for this conditional use and Mr. Grinter stated that he did so today. Ms. Butler asked if the applicant would have to apply per event and was informed he would not. She had concerns that amateur nights might be held and felt that this was not an acceptable event. Mr. Grinter responded that they would only be staging regulated amateur and professional events and the State of Florida Boxing Commission would regulate the events. There will be no "tough-man events" or mud wrestling. Motion Mr. Friedland moved to approve the request to amend the Land Development Regulations: 1. Chapter 1. Definitions, by adding definitions for "Athletic Competitions", "Amusement Arcade", "Billiard Hall", Bowling Alley", "Gymnasium/Health Club", "Shooting Range, Indoor", "Skating Rink" (CDRV 03-002); and 2. Chapter 2, Zoning, Section 6.C.1.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses. Motion seconded by Mr. Hay and carried 6-1 (Ms. Butler dissenting). Project: Agent: Location: Description: Building Height Measurement (CDRV 03- 003) City Initiated Citywide Request to amend the Land Development Regulations, Chapter 1, Article I1. Definitions, "Building Height," to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process Postponed at the request of staff 9. Other Mr. Friedland announced that Mike Rumpf was in the hospital. Mr. Hudson stated that Mr. Rumpf was now home and recuperating. 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2003 Mr. Friedland said that he has noticed many unauthorized signs throughout the City. On some occasions he has called the Code Division to take them down. He would like to see approval of signs brought before this Board so that signs could be approved in accordance with the Code. 10. Comments by Members 11. Adjournment There being no further business, the meeting propedy adjourned at 9:20 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (April 23, 2003) 18