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Minutes 08-26-03MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 26, 2003 AT 6:30 P.M. Present Lee Wische, Chairman William Cwynar, Vice Chair Woodrow Hay Sergio Casaine Mike Fdedland Steve Myott Mike Fitzpatrick, Alternate Bob Ensler, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Eric Johnson, Planner Maxime Ducoste-Amedee, Planner Ed Breese, Planner I. Pledge of Allegiance Chairman Wische called the meeting to order at 6:35 p.m. and Sergio Casaine led members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Wische introduced the Board members, Assistant City Attorney Tolces and staff. 3. Agenda Approval Chairman Wische requested that Item 6.B.2 and 6.B.3 be moved up on the agenda to be heard first. Motion Mr. Friedland moved for approval. unanimously carried. Motion seconded by Vice Chair Cwynar and Motion Vice Chair Cwynar moved to approve the agenda, as amended. Motion seconded by Mr. Hay and unanimously carried. 4. Approval of Minutes - July 22, 2003 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Motion Vice Chair Cwynar moved to approve the minutes. Motion seconded by Mr. Casaine and unanimously carried. 5. Communications and Announcements A. Planning and Zoning Report Mike Rumpf, Planning and Zoning Director, passed out a missing page 2 to a two-page memorandum on the text item, which is the last item on the agenda and requested that members insert it in their agenda packet. Final disposition of the July 22, 2003 Planning and Development Board Items. Mr. Rumpf reported on items heard by the City Commission at the August 5, 2003 meeting. de The Davila fence height variance was approved. The use approval for Lot 3, Quantum Park, was approved. The major site plan modification to reconstruct a new clubhouse at the Club Meadows was approved The new site plan for Boynton Commerce Center for the northernmost building was approved Under public hearings, the following items were approved: so The annexation and land use amendment/rezoning for Serrano The major site plan modification/conditional use approval for Berry Veal Three abandonments for Boynton Commerce Center: (i) Florida Power & Light easement; (ii) utility easement; and (iii) an ingress/egress easement Under reading of Ordinances, the following items were approved: ko The DeLorenzo abandonment on North Federal Highway on second reading Abandonment for the Villas of Quantum Lakes on first reading The Comprehensive Plan Text Amendment in follow-up to the downtown mixed use land use amendment for processing with DCA on first reading The annexation and rezoning/land use amendment for the Serrano items on first reading 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 I. The three abandonments for Boynton Commerce Center on first reading Chairman Wische introduced Commissioner Cad McKoy in the audience. Attorney Tolces administered the oath to all persons who would be testifying. 6. B. Use Approval Project: Agent: Owner: Location: Description: St. Gregory's Armenian Church (NWSP 03-013) (moved up on the agenda) Dale Meaux, Architect, APl Group, Inc. The Armenian Cultural Association South side of Boynton Beach Boulevard approximately 300 feet west of SW 8th Street Request for site plan approval for a one (1) story, 23,475 square foot church on a 2.5-acre lot in the I:{1-AA zoning district. Dale Meaux, Architect, APl Group, Inc., 111 East Palmetto Park Road, Boca Raton assumed the podium. Chairman Wische noted that there were 17 staff comments and asked the applicant which comments they did not agree with or if they needed clarification of any comment. Mr. Meaux wished to address comment #2 dealing with providing a second water main tie-in (Iccp) to the water main on West Ocean Drive. Mr. Meaux felt that they already had sufficient water pressure to provide adequate fire protection for the building and the Fire Department agreed with them. If this were a requirement, Mr. Meaux felt that the City should bear the expense. This was a comment of the Utilities Department and they will be meeting with Pete Mazzella of the City's Utility Department next week on this. Eric Johnson, Planner, stated that when the staff report was originally prepared, that was a comment that carried over as a condition of approval. If the Engineering Department is asking for a second main water tie-in Iccp, then this would be required. However, as the site is developed, a more thorough investigation of the infrastructure will take place, but for the time being, Engineering is recommending a second water main. Chairman Wische inquired if this issue could be resolved before the Commission meeting of September 5th. Mr. Meaux stated that if the City insists that this requirement remain, they will cooperate with the City. Mr. Meaux stated that they agreed with all other staff comments. Mr. Johnson presented the item and explained that the project is in three phases. The proposal is to construct a 162-seat church; phase 1 and 2 deal with the initial construction and proposed expansion of the church. The 3rd phase deals with the construction of an indoor recreation court. The applicant indicated that the 3rd phase Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 would be constructed when it is deemed feasible, such as an increase in the church membership. A traffic impact statement was provided to the City and submitted to the Palm Beach County Traffic Division. The Palm Beach County Traffic Division approved the site for a 14,405 square foot church and as a condition of approval, the applicant will be required to submit additional information to the County regarding the indoor recreation court. This will be used solely by the church members and not open to the public. The Engineering Division has determined that the drainage is adequate and is recommending that specific drainage solutions be addressed at the time of permitting. The project is exempt from the County School Concurrency requirements. There will be two points of ingress/egress; one would be along Boynton Beach Boulevard and the other is on NW 1st Avenue and meets the width requirements. The applicant is basing the parking requirements on one parking space for every four seats. Therefore, a total of 104 parking spaces are required and the site plan shows that they will be providing 105 parking spaces. Thirty-five of the parking spaces will be on sod or stabilized grass, which is permitted in the Land Development Regulations. The parking stall sizes meet code and the proposed pervious area of the project will encompass 47.5% of the site. There will be a hedge along all property lines, which is required to be 2' minimum when installed and cannot grow to more than 6' in height. The height of the church will be 25' 6" and the maximum building height in the R1-AA zoning district is 30'; therefore, the church meets the height requirements. The church steeple exceeds the height limitation and the applicant has filed for a height exception. The approval of the site plan is contingent upon the approval of the accompanying height exception. Staff is recommending approval of the height exception. Staff has not seen the elevations for the indoor recreation facility; however, staff feels that having seen the architecture and style of the church, that the recreation facility would match the style. This could be done at the time of permitting. Mr. Johnson asked the applicant what the height of the phase 3 building would be and Mr. Meaux stated that it would not exceed the 30' maximum requirement. Mr. Meaux stated that there have been no design studies done on phase 3, but it would comply with the height restrictions. There will be no wall signs. There will be one 5' 8" monument sign, which is well below the allowable height. The TRC Committee and staff have determined that the plans are totally compliant with code. Mr. Johnson pointed out that as a condition of approval, the applicant has to submit a revised traffic impact statement that must be approved by the County that would apply to the 3rd phase of the project. Staff is recommending approval of the project and the height exception. The height exception has no conditions of approval. Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Chairman Wische asked about the landscaping on the west side of the project next to Leisureville. Ms. Meaux referred to the plan for the landscaping and stated that there would be trees along the perimeter every 20' with a hedge planted 3' tall grow to 6' within a year's time. It will be maintained and kept thick so that you could not see through the hedge. Foundation plantings will be added at the base of the hedge between the parking and the building. There will also be additional foundation planting and trees against the building, opposite the parking lot. Chairman Wische had concerns that the headlights would shine on the west side into people's homes. He suggested building a berm first so that the headlights would not shine into the homes. Mr. Meaux said that they could build a berm approximately 3' in height before the landscaping is planted. Mr. Myott inquired if all the parking would be built during phase 1 and Mr. Meaux stated that the entire yard would be included in phase 1. Mr. Myott inquired if the landscaping for phase 2 would be planted at the end of phase 1 and then relocated. Mr. Meaux was not certain on this. Mr. Myott felt that if this were not done, the elevation of phase 1 would be blank. Mr. Meaux agreed to plant all landscaping requested by Mr. Myott and then remove it when they begin the next phase. Chairman Wische opened the public hearing. Shirley Jaskiewicz, 1917 W 13th Avenue, Boynton Beach, was present as a member of the Board of Palm Beach Leisureville and was speaking with approval of Tom Otto, the President of the Board. Ms. Jaskiewicz stated that Leisureville is not against developing the property, but noted that the property has been a constant problem for every home that abuts it over the past year due to flooding. Ms. Jaskiewicz was referring to the 200' of land that abuts eight Leisureville properties. She felt that the church would be a positive influence on the City and the area, but would like to avoid overbuilding on the property. Ms. Jaskiewicz said that she met yesterday with Mr. Otto,' Leisureville's Community Manager, and Mr. Ensler, who supplied them with the plans. They reviewed the plans and have come up with some serious concerns. She felt that the project could not meet the pervious requirements of City code, which would increase flooding. Ms. Jaskiewicz inquired if the pervious area included the recreation building and Mr. Johnson stated that the pervious areas exclude the building areas, paved areas and parking areas, except for the 35 sod parking spaces. Ms. Jaskiewicz was not opposed to the height exception for the steeple. She stated that they have concerns that the lot would be overbuilt if the recreation building were added and did not think it would be appropriate for this neighborhood. She would like to see more landscaping added to the sides of the lot and have the parking placed in the rear. Further, she did not feel that the buffering would prevent the headlights of cars shining into the windows of abutting homes. She requested that the Board only approve 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 phase 1 and 2 and deny phase 3. Another concern she raised was the increased traffic on 8th Street that is already overpopulated with traffic. Instead of placing a hedge as a buffer, Ms. Jaskiewicz requested that a masonry wall be added on the west and south side of the property that abuts residential areas in addition to the landscaping. Ms. Jaskiewicz questioned the placement of the lift station and felt that it should be located on the east side of the church that abuts a commercial area. Mr. Casaine inquired how far the lift station would be from the nearest home. Mr. Johnson stated that the lift station would be over 200' from the nearest home in Leisureville. Ms. Jaskiewicz pointed out that there are people that live in the Lake Boynton Estates that would be directly across the street from the lift station, which Mr. Johnson agreed was correct. She would also like to have the water pump moved to the east side of the property. Tim Hare, Manager of Palm Beach Leisureville, 1121 NW 10th Street, Boca Raton, was present representing the residents of Leisureville and the adjoining communities. Mr. Hare questioned that the property could be considered for site plan approval when there are pending code violations on the property. The owners~ have not maintained the property to a standard that has been set by the City. The property has been in violation of City codes since February 2003. Mr. Hare did not feel that the applicants have been good neighbors. Mr. Hare would like to have a 6' concrete block wall added to buffer the headlights and to ensure that the parking lot lighting would not shine into people's homes. Also, he was concerned about the noise emanating from the pump station that would be located next to Leisureville. Mr. Hare felt that if the recreation facility were to be used by the youth in the area, they would exit and enter the recreation facility through the backyards of Leisureville. He was not opposed to the height variance. Mr. Cwynar inquired who owns the property and was informed it was the Armenian Cultural Association. Mr. Friedland felt that if the property were improved, this would rectify the code problems and would eliminate the current flooding problems in the area. Mr. Fitzpatrick asked for clarification on the setbacks. Mr. Johnson noted that a landscape buffer is required when there is vehicular use areas and there are vehicular use areas all around the church; therefore, the property would be required to have a minimum landscape buffer of 2 %' and the applicant is providing 6' to 7' buffers. Along the front property line, there is a minimum of 7' required and the project meets the minimum code requirements. Mr. Johnson stated that the applicant is not required to construct a wall and if a wall were desired, it would have to be done at the Board's recommendation and the applicant would have to agree to this. Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Vice Chair Cwynar asked about the various retention areas and Mr. Johnson stated that there would be three exfiltration trenches and three retention areas. Mr. Johnson noted that the more pervious the property, the better it would drain. Bob Ensler stated that the site plan indicates that there will be an auditorium with a stage and inquired if the church intended to have evening affairs. He questioned why the site plan has the cars facing the homes on the west and east sides, which would cause the headlights to shine into people's homes. He did not think that a 3' berm would prevent the light from shining into homes. He inquired if the site plan could be changed so that the cars would not face the homes. Jean McNally, 128 NW 10th Court, said that her property was one of the properties that was flooded and she would like assurances that this would not happen again. She stated that the street drains off her property into Leisureville's runoff and that she has been flooded twice. Mr. Johnson stated that they cannot guarantee 100% that property would not drain onto another property. He pointed out that the City, County and State have certain drainage requirements that must be met during an "event," which is defined as a rainfall. Staff has reviewed the paving and drainage plans to ensure that the project meets all applicable codes and the drainage meets the City's standard code requirements. Mr. Johnson reiterated that the drainage will comply with all code requirements and this will be determined prior to the issuance of a building permit or a certificate of occupancy. Mr. Friedland read into the record staff's comments regarding drainage and that conceptual drainage information was provided for the City's review. Further, the Engineering Division has found the conceptual information for the right-of-way and the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. He pointed out that if the plans at that time did not meet staff's approval, they would not be accepted. Mike Fitzpatrick stated that if the current flooding of the Leisureville homes was coming from this vacant land, it would stop once the land is developed. He did not feel that the vacant land was causing the run-off. Mr. Fitzpatrick inquired where the parishioners would come from. Chairman Wische informed Mr. Fitzpatrick that this was unrelated to the site plan approval. Chairman Wische asked the applicant if they would be willing to install a 6' concrete wall along the property that abuts Leisureville. Mr. Meaux said that they had looked into installing a wall around the entire property and determined that the cost would be around $100,000. If they had to install a wall on the western side, he felt it might cost around $50,000. Mr. Meaux did not think that a 6' high wall was needed and that a wall of approximately 4' would suffice. Chairman Wische requested that the applicant discuss this with staff and have it resolved prior to appearing before the City Commission and Mr. Meaux agreed to this. Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Mr. Myott felt that phase 1 did not have any architecturel elements. Phase 2, with the steeple, is very attrective. He would like assurances that Phase 2 would be built. Mr. Friedland asked the applicant when Phase 2 would be going up and Mr. Meaux felt that Phase 2 would be built within a year to a year and one-half. Mr. Meaux did not rule out that Phase 1 and 2 would be built at the same time, but this was a matter of funding. Chairman Wische asked if the lift station could be placed in a different location and Mr. Meaux responded that the connection they have to use for sewage is on Ocean Ddve, which is southeast of the property. The sewer line is being extended down Ocean Drive and they will gravity feed to Ocean Drive to a lift station. Chairman Wische inquired how many lift stations are currently located in Leisureville and Mr. Johnson though that there were six. Chairman Wische asked if there were any complaints regarding these lift stations and Mr. Johnson was not aware of any. Mr. Cwynar felt that a 4' to 4 %' wall would be adequate to shield the lights from the residences in Leisureville. Chairman Wische asked the applicant if they would be willing to install a 4' to 4 W wall. Mr. Meaux stated that if they were required to put in a wall, they would only like to place a wall along the residential areas that the property abuts. Chairman Wische felt this was acceptable. Mr. Cwynar inquired when church services would take place and Mr. Meaux stated that normally services are held on Sundays, but there will be services and social events on certain occasions. Attorney Tolces administered the oath to Mr. Yahram Danialian, who was representing the Armenian Culturel Association. Vahran Danialian stated that they have a small community of approximately 120 members that live between North Palm Beach to Miami. He stated that there were approximately 30 families in Boynton Beach. He did not think that there would be much night activity except for an occasional meeting. Mr. Danialian also did not envision any large crowds dudng the first few years. Chairman Wische asked Mr. Danialian if he was an officer of the church and he stated that he was. Chairman Wische asked Mr. Danialian if he would be agreeable to putting a 4 %' concrete wall along the west side and he said that he did not have a problem complying this request. Chairman Wische closed the public hearing. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Motion Mr. Casaine moved to approve the project as described with the notations that have gone on record, subject to all staff comments. Motion seconded by Mr. Hay. Attorney Tolces stated that it needs to be cladfied exactly what the additional comments and conditions are that the Board is placing on the approval in addition to staff comments. 1. The applicant will place a 4 %' high concrete wall along the western boundary facing Leisureville in addition to the landscaping. 2. Provide a second water main tie-in loop to the water main on West Ocean Drive unless required otherwise by Utility Department staff. 3. The concrete wall will be constructed prior to issuance of a C.O. for phase 1. Mr. Ensler requested that the wall be put up around all the residential areas that would include both the western and eastern border. He recommended that the motion be amended to include "all residential borders." Chairman Wische pointed out that if this were required it would be at a great cost to the applicant. Mr. Friedland pointed out that the church will only have 132 seats and he did not think that more than 40 to 50 cars would be using the parking lot and it should not be required that all residential areas be walled. Mr. Ensler also inquired if the width of NW 1st Avenue could accommodate the traffic. Mr. Johnson stated that the width of the opening onto NW 1st Avenue meets the code requirements of 20' 2" wide. Mr. Ensler asked if it were necessary to place the dumpster in the rear southeast corner, which would place the dumpster in back of the residential area. He would like to see the dumpster relocated. Mr. Johnson responded that the location of the dumpster enclosure was reviewed by Public Works that found the location to be adequate for the pick-up and removal of trash. Mr. Ensler also pointed out that there are two pumps, one in each corner of the property. Mr. Cwynar noted that the lift station pump is submersible and the pump on the Leisureville corner is the irrigation pump. Mr. Meaux stated that they would be willing to relocate the pump that is next to Leisureville. Therefore, another condition will be that the pump nearest Leisureville will be relocated away from Leisureville as much as possible and will be done at the time of permitting. Mr. Johnson explained that staff cannot make modifications to the plans without staff reviewing them. Mr. Ensler felt that the recreation building would generate a great deal of noise. Mr. Casaine asked what the construction of the building would be and was informed that it 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 would be concrete block. Mr. Casaine did not think that the neighbors would hear the noise that might be generated inside a concrete block building. Chairman Wische pointed out that this was the third phase and it would have to come back to the Board for approval. Attorney Tolces explained that this item would not be coming back to the Board and that the Board is being asked to approve the entire project tonight. A person in the audience requested to speak, which Chairman Wische permitted, even though the public hearing had been closed. Carol Albarano, 701 SW Lake Court, Boynton Beach thought that the project would generate a groat deal of noise and she would like to have the wall constructed prior to any building taking place. Chairman Wische did not think that this was possible. Attorney Tolces explained that this Board's role is to review and approve a site plan and the order of building is controlled by the Building Department. Therefore, this Board cannot condition the timing of the construction on the property. Chairman Wische closed the public hearing again. Vote The motion carried unanimously. C. Hei.qht Exception 1. Project: Agent: Owner: Description: St. Gregory's Armenian Church (HTEX 03- 005) (moved up on the agenda) Dale Meaux, Architect, APl Group, Inc. The Armenian Cultural Association Request for a height exception of 22 feet 8 inches pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the church spire to be 52 feet, 8 inches high in lieu of the 30-foot maximum height allowed in the R1-AA zoning district Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Friedland moved to approve the request for a height exception of 22' 8" pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of the church spire to be 52' 8" high in lieu of the 30-foot maximum height allowed in the R1-AA zoning district. Motion seconded by Mr. Hay and unanimously carried. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 (Mr. Myott left the meeting due to illness and Mr. Ensler assumed Mr. Myott's seat on the podium.) 7. Old Business: A. Abandonment Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID. Chairman Wische noted that there were three staff comments. Joni Brinkman, AICP, Winston Lee & Associates, 1532 Old Okeechobee Road, West Palm Beach, agreed with all staff conditions. Mr. Ducoste-Amadee, Planner, pointed out that this was an abandonment for the Boynton Commerce Center, Lot 3B, which the Board reviewed at the July 22, 2003 meeting, at which meeting all applications had been approved. Mr. Cwynar inquired if the item had to be removed from the table and Attorney Tolces explained that the matter had been postponed, not tabled. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Hay moved to approve the request for an abandonment of a portion of an existing ingress/egress and utility easement on Lot 3B of the Boynton Commerce Center PID, subject to all staff comments. Motion seconded by Mr. Cwynar and unanimously carried. B. Use Approval Project: Agent: Owner: Location: Description: Boynton Commerce Center (USAP 03-002) Joni Brinkman, ACIP Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for a change to the list of approved uses to include additional manufacturing uses 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 and increased retail sales up to 100% on Lot 3 "B" of the Boynton Commerce Center PID. Ms. Brinkman remained at the podium. Chairman Wische pointed out that there were six staff comments and Ms. Brinkman agreed with all of them. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Fitzpatrick inquired if the well field extended onto this property and he was concerned about leakage of pollutants into the well fields. Mr. Rumpf, Planning and Zoning Director, said that there is a major well field in this area and uses that come into this area are of major concern to the City and this will be very closely monitored. If any use requires an environmental review or increases traffic, staff would review it. Motion Mr. Cwynar moved to approve the request for a change to the list of approved uses to include additional manufacturing uses and increased retail sales up to 100% on Lot 3 "B" of the Boynton Commerce Center PID, subject to all staff comments. Motion seconded by Mr. Casaine and unanimously carried. C. Conditional Use Project: Agent: Owner: Location: Description: Arby's (COUS 03-004) Robert Basehart, Basehart Consulting, Inc. Schiappa Foods Corporetion, Inc. South side of Old Boynton Road immediately · west of entrance to Wal-Mart Supercenter Request for site plan/conditional use approval for a 3,094 square foot fast food restaurent with a drive-through facility. Robert Basehart, 333 Southern Boulevard, West Palm Beach, assumed the podium. Chairman Wische noted that there were 30 staff comments and Mr. Basehart agreed with all staff comments. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida August26,2003 Motion Mr. Casaine moved to approve the request for site plan/conditional use approval for a 3,094 square foot fast-food restaurant with a drive-through facility, subject to all staff comments. Motion seconded by Mr. Friedland and unanimously carried. 8. New Business: A. Zonin.q Code Variance Project: Agent: Owner: Location: Description: East Coast Mechanical (ZNCV 03-007) Chris Hair, Anderson Architecture, Inc. East Coast Mechanical 1500 High Ridge road Request for relief from Chapter 2, Zoning Section 8.A.6, requiring a minimum front yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet. Chris Hair, Anderson Architecture, Inc., 399 West Camino Gardens Boulevard, Boca Raton assumed the podium. Chairman Wische announced that staff denied the request. Maxime Ducoste-Amadee, Planner, explained that the property was located at the end of a cul-de-sac on High Ridge Road. The property is zoned industrial and the applicant is proposing to demolish the existing metal structure and to replace it with the exact square footage with a new concrete block building. The building being demolished had a setback of 4' and if the building is torn down and replaced, the 4' front setback would not be allowed. The original building was constructed in 1962 and the M-1 zoning district did not have any front yard setback requirements. The code now requires that the building have a 15' front yard setback. The current building is a legal, non-conforming structure and if the building were demolished, the non-conforming setback would be lost and code requires that the new building be built in conformance with the new regulations. Therefore, staff is not recommending approval of the application. Staff pointed out that the Board has the right to review the application for the reconstruction of a new concrete building to replace an old metal structure and the uniqueness of the property location should be considered. The building would be at the end of a cul-de-sac and abuts the C-16 Canal to the south and to the west is an FP&L transformer yard that probably would not be developed. Also, the proposed variance 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 would not create any noticeable deviation from the existing non-conforming front yard setback. Staff has not received any objections from any adjacent property owners. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Friedland felt that replacement of the old building would be a positive move and would not be detrimental to the area. He asked the applicant if the 11' variance was necessary. Mr. Hair said that they would lose approximately 15% of the metal building, causing the building to lose value. The owner wants to remove an old dilapidated metal building and replace it with a new concrete building and cannot afford to reduce the square footage of the building that he needs for storage. Chairman Wische read from staff's report that he felt would support approval of the request for a variance. Further, Chairman Wische pointed out that granting of the variance would not be detrimental to the area, rather it would permit the owner to construct a more substantial building (masonry versus metal) and would be more in keeping with the new buildings recently built in the subdivision. The existing metal building is in a state of disrepair and in need of remodeling. Mr. Ensler asked if there were any other reason for staff to deny the variance, other than the setback. Mr. Rumpf explained that one of the principal purposes of zoning is to create uniformity, but because of the location of the building, there are no other buildings in close proximity, which would conflict with this setback and it would not conflict with the intent of zoning if it were approved. Mr. Cwynar inquired if there were any easements and Mr. Ducoste-Amadee was not aware of any along the front property line. Mr. Hair reported that the City of Boynton Beach did an environmental report on this building and determined that the building is in a state of disrepair that would allow rodents. They did try to remedy this, but determined that it would be better to tear the building down. Motion Mr. Hay moved to approve the request for relief from Chapter 2, Zoning, Section 8.A.6, requiring a minimum front yard setback of 15 feet for a warehouse building within the M- 1 zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet, subject to all staff comments. Motion seconded by Mr. Casaine and carried 6-1 (Mr. Fitzpatrick) dissenting. 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Project: Agent: Owner: Location: Description: Quantum Park Lot 3 (ZNCV 03-008) Michael Rodriguez, Ruden McCIosky Bocar Properties, Inc. Lot 3, Quantum Park PID, Boynton Beach Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a PID zoning district. Michael Rodriguez, Attorney with the law firm of Ruden, McClosky, assumed the podium. Maxime Ducoste-Amadee, Planner, presented the item on behalf of staff. The subject property is located at the northwest corner of Quantum Boulevard and the Lake Worth Drainage District E-4 Canal and is the most western property within the PID. The site plan application was originally reviewed and approved by the Board on June 22, 1999 and the applicant proposed to construct two one-story office/warehouse buildings totaling 46,660 square feet. When the project was approved, the applicant provided more than the required parking spaces, for a total of 132 parking spaces, including 5 handicapped spaces. The owner applied for and received a use approval at the July Planning and Development Board meeting to allow additional uses. Those uses are similar to commercial uses and, therefore, will require more parking spaces. Mr. Ducoste-Amadee read one of the criteria that an applicant must meet in order to receive a variance as follows: "That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands...and that the special conditions and circumstances do not result from the actions of the applicant." Staff feels that the request was the direct result of the applicant, because it was the applicant's intention to provide additional parking spaces to support the demand for the newly commercial uses. Staff feels that the variance would not be needed if the property were used as originally approved for office and industrial/warehouse uses. Another condition that must be met is that the granting of the variance request would not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Granting of this variance could be considered granting a special privilege not typically conferred to others. Granting of the variance would lower the standards to which other PID master plans are held. The intent of the peripheral buffer is to provide separation and transition between uses. 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Based on the analysis contained in the staff report, staff is requesting that the request for relief to allow a 7' wide peripheral greenbelt in lieu of the required 25' wide buffer, be denied. Staff is not recommending any conditions of approval and any conditions recommended by the Board could be placed in Exhibit D of the attached report. Attorney Rodriguez disagreed with the comments and rationale contained in staff's report recommending denial of the project. He noted that they are not asking to change any uses of the building, only to the typography of site. This site is one of the rare sites in the Quantum Park PID that is subject to two peripheral greenbelt buffers. They are required to provide a 40' buffer to the north to buffer the property from the Dos Lagos subdivision to the north. This 40' buffer is in addition to the 85' canal right-of-way. The second buffer is the subject of tonight's hearing. This property is an OI node within the PID. The commercial light uses are permitted uses and the applicant has the right to request uses that would be permitted in an O1. They are not seeking to deviate from the use changes, but the uses may necessitate additional parking requirements. He noted that the peripheral buffer zones are not uniformly applied throughout Quantum Park and the High School does not have a 25' buffer separating it from Motorola and Tri-Rail doesn't have a 25' buffer along its eastern boundary. The applicant tried to work with staff to relocate the additional parking and was willing to place the additional parking between the two bays. However, the Engineering Division would allow this and suggested placing the parking along the western boundary, resulting in this request for a variance. He felt that the commercial use of the movie theater next to their property would have a more intense use than their property. Mr. Rodriguez did not feel that the variance would have a negative impact upon the neighborhood, nor would it give the applicant any special priv. ileges that would not be amenable to other members of the PID. Attorney Rodriguez in summary stated that case law has upheld that typography is not a self-imposed hardship when it applies to the request of a variance. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Ducoste-Amadee noted that the minutes of the July 22, 2003 Planning and Development Board Meeting for Use Approval 03-003 for Quantum Park indicate that the use approval was for athletic and aerobic clubs, specialized instruction, automobile and vehicle accessories, furnishings and supplies in the Quantum Park PID on Lot 3 that has an Industrial/Office use. Those uses require more parking than what is required in the OI land use classification and staff feels that the granting of these uses generated the need for extra parking. Mike Rumpf, Planning and Zoning Director, pointed out that staff opposed the additional use approvals based upon the principles of a DRI and the precedents that have been set throughout the 131:{I. It is noted that there have been three to five different NOPC 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 applications processed for Quantum Park and the intent of those applications included the change in the lot designations, i.e. either adding or taking away a use option on the individual parcels to balance the overall intent of the application. Mr. Rumpf noted that these NOPC applications did not try to manipulate the use approval list, which this applicant is trying to do. This particular applicant is trying to use an office/industrial use option on a lot and add commercial uses. Staff still opposes this and the applicant, during the use approval, acknowledged that parking would be a limiting factor. This was confirmed by the applicant agreeing that the parking, use-by-use, would be monitored and submitted at the time of occupational licensing. Mr. Rumpf noted that originally there was a surplus of parking for the office and industrial uses as approved with the site plan. He pointed out that there are other corner properties that have buffer requirements. Mr. Friedland inquired if the Quantum Park Association approved this request. Mr. Rodriguez stated that to his knowledge the applicant has notified the Association, but he was not certain of the Association's response. Mr. Rumpf confirmed that staff does not have any documentation from Quantum Park supporting the application. Mr. Ensler inquired if the greenspace used for the additional parking could be placed elsewhere on the property and Mr. Rodriguez was not certain on this. Mr. Fitzpatrick did not think that this was possible since the building is already built. Mr. Fitzpatrick felt that this particular greenspace did not serve much purpose. However, he had concerns that the applicant is using a new type of manipulating technique to sidestep the normal rezoning process to maneuver the Board and the City Commission. Mr. Fitzpatrick asked if his assumption was correct. Mr. Rumpf felt that Mr. Fitzpatrick was on the mark. Mr. Casaine pointed out that when the Board considered the use for this industrial area, the Board knew that other issues would have to be addressed. Mr. Casaine also felt that the greenspace being eliminated would not make much difference since the land in question abuts the theater's parking lot. He thought that putting trees in the 7' buffer would be sufficient since the land could not be used as a recognized greenway. Mr. Casaine also had concerns about safety and he was not in favor of adding parking spaces between the two buildings. He would prefer to put the additional 25 spaces next to the theater parking lot for safety purposes. Mr. Fitzpatrick inquired if the Board denied the request, the applicant could still apply for a variance by going through the normal channels, which staff stated was correct. Mr. Rumpf explained that even if the variance were denied, the applicant could use the conventional process of changing the use options on the lot through the NOPC process that would require an application to the DRI to allow greater diversity in commercial uses, 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Mr. Friedland asked what uses would be going into the property. Mr. Rodriguez was not certain on this, but stated that the uses would be consistent with the OI node within the PID and the applicant would not deviate from those uses. He also felt that the approval by this Board of the gymnastics facility would be consistent with those uses. Motion Mr. Fitzpatrick moved to deny the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a PID zoning district. Motion seconded by Mr. Hay. Mr. Casaine felt that the Board should approve the variance as a means of saving time and money, instead of making the applicant take the route recommended by staff. He noted that it is stated in the staff report that "the granting of the variance would be in harmony with the general intent and purpose of this ordinance and that such variance would not be injurious to the area involved or otherwise detrimental to the public welfare." Mr. Fitzpatrick disagreed with this and felt it would establish a terrible precedent, as well as eroding the powers of the Board. Since there is a review process in place, Mr. Fitzpatrick felt that it should be adhered to. Chairman Wische called for a vote on the motion to deny the request. The Recording Secretary called the roll and the motion failed 2-5 (Chairman Wische, and Messrs. Casaine, Cwynar, Friedland and Ensler dissenting.) Motion Mr. Casaine moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 7.H.17, requiring a 25-foot wide peripheral greenbelt when abutting a residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for a commercial office/warehouse building in a PID zoning district. Motion seconded by Mr. Cwynar. Mr. Ensler inquired if the motion would only apply to this property and Attorney Tolces responded that it would only apply to this application. The recording secretary called the roll and the motion carried 5-2 (Messrs. Fitzpatrick and Hay dissenting.) B. New Site Plan 1. Project: Agent: Winchester Commons (NWSP 03-012) Chris Ralph, P.E., Kimley-Horn & Associates, Inc. 18 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Owner: Location: Description: Land Capital Group Boynton Beach, LLC Northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard Request for site plan approval for the construction of a one (1) story, 21,600 square foot multiple bay building on 2.4 acres in a C-3 zoning district. Rocky Biby, Kimley-Horn & Associates, appeared on behalf of the applicant, along with Doug Plummer, of National Building Services, Carlton, Texas. Chairman Wische pointed out that there were 23 staff comments. Mr. Biby stated that they agreed with all staff comments except for condition #23. He noted that there are two billboards on the property and they propose to remove the billboard nearest to Winchester Park Boulevard and to keep the billboard that is located further west on the property because there is a long lease remaining on this billboard and it might be too expensive to buy out this lease. Mr. Ensler inquired if the applicant would be removing the second billboard once the lease expired and Mr. Plummer stated that it would be removed at that time. They plan on cleaning the billboard up and leaving it up until the lease expires. Attorney Tolces requested that if the billboard on the west side is removed at the end of the lease pedod that it be removed at no cost to the City. Mr. Plummer agreed with this. Mr. Johnson pointed out that comment #23 states that "staff recommends" and this is not a recommendation, but a "requirement" that the billboards be removed. Mr. Johnson stated that the two billboards would have to be removed. Attorney Tolces explained that the City Code, under Section 7 (Non-conforming signs) states that billboards that are located on properbj, that is annexed into the City after January 15, 1991, must be brought into compliance within five years from the date of adoption of Ordinance 94-18, which was June 21, 1994. Therefore, the non-conforming signs should have been removed by June 21, 1999. Attorney Tolces pointed out that both billboards must be removed; otherwise the site plan cannot be approved since it does not conform to code. Mr. Plummer agreed to comment #23 and stated that they will remove both billboards. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Rumpf requested that condition #23 be changed to delete the word "recommend" and substitute in its place the word "require." Mr. Cwynar noted that since the billboards were not in compliance would this not make the lease null and void. Attorney Tolces said he would have to look at the lease to determine this. 19 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Mr. Rumpf reported that the applicant has responded to staff's request regarding wall signage and site signage and staff has not had sufficient time to review the signage. Mr. Rumpf requested that the Board afford the applicant some flexibility in the signage for its first tenant, which is a vitamin shop. Mr. Rumpf noted that condition #21 requires that wall signage be limited to two variations in sizes. Mr. Rumpf distributed a sample of the signage that the applicant submitted. Mr. Rumpf requested that a condition be added to condition #21 that if there were a change in the tenant, the signage would revert back to be identical to the existing sign or to the wall sign limitation of two sizes. Discussion took place on staying with the two-size lettering. The applicant asked for clarification. Mr. Johnson responded that there would be two square footages of signs allowed that would be proportional to the size of tenant as stated in condition #21. Mr. Johnson noted that the elevations do not show the font. The applicant stated that the handout indicated that the font would be Swis721 BIk BT. With regard to comment #19, Mr. Johnson reported that the applicant agreed to convert the pylon signs to monument signs and agreed to reduce the height of the signs to 12'. Staff is requesting that the site address and project name be placed on the monument sign. Motion Mr. Casaine moved that the request for site plan approval for the construction of a one (1) story, 21,600 square foot multiple bay building on 2.4 acres in the C-3 zoning distdct be approved, subject to all staff conditions including the amendments cited in the minutes. Motion seconded by Mr. Hay and unanimously carried. THE MEETING RECESSED AT 9:15 P.M. THE MEETING RECONVENED AT 9:20 P.M. Project: Agent: Owner: Location: Description: St. Gregory's Armenian Church (NWSP 03- 013) (previously heard) Dale Meaux, Architect, APl Group, Inc. The Armenian Cultural Association South side of Boynton Beach Boulevard approximately 300 feet west of SW 8th Street Request for site plan approval for a one (1) story, 23,475 square foot church on a 2.5-acre lot in the R1-AA zoning district. B. Hei,qht Exception 1. Project: St. Gregory's Armenian Church (HTEX 03- 005) (previously heard) 2O Meeting Minutes Planning and Development Board Boynton Beach, Florida August26,2003 Agent: Owner: Location: Dale Meaux, Architect, APl Group, Inc. The Armenian Cultural Association South side of Boynton Beach Boulevard approximately 300 feet west of SW 8th Street C. Code Review Project: Agent/Owner: Description: Docks Extending into Waterways City Initiated Request to amend Chapter 2, Zoning, Section 4.J limiting the distance a dock can extend into the canal to one-third (1/3) of the canal width, to reduce the percentage to one-quarter (1/2) to coincide with regulations of other agencies. Mike Rumpf, Planning and Zoning Director, presented the item on behalf of the City. The code review is in response to the City Manager's initiative recognizing that there is a discrepancy between City regulations and regulations of other agencies, above the City's authority. The amendment would limit the extent to which docks could extend into a waterway. Mr. Rumpf referred to the handout that was previously distributed, which was page 2 of Don Johnson, Building Official, Memorandum No. 03-143 dated July 7, 2003. Currently docks on either side of a canal could extend one-third into the canal, which would allow for one-third passageway through the canal for navigational purposes. The agencies over the city have a one-quarter limitation on each side of a canal to allow for a 50% passageway. The Building Official's Memorandum outlines how this would be implemented and addressed - Legal non-conforming docks/marine facilities New permitted docks/marine facilities Unpermitted docks/marine facilities Some of the proposed changes also include, in addition to dock; mooring piles; groins; seawalls, jetties; revetments, or similar structures and facilities related thereto. Mr. Ensler asked how the width of the waterway is determined so that a person would know how long the dock would be applying the 25% rule. Mr. Rumpf explained that Mr. Johnson had planned on being present tonight, but was attending a conference in Odando and he is not totally familiar with all the particulars. Mr. Rumpf assumed that it would be measured from the property boundary, or the rights of way where the canal would start, but he did not think that it was measured from the water's edge. Mr. Casaine stated that it would be measured from the first piling that abuts the land. Mr. Ensler felt that this needs to be defined before it is brought before the Commission. 21 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Chairman Wische opened the public hearing. Bob Brown, 701 S. Seacrest Boulevard, was opposed to changing the length that a dock could extend out into a canal. He stated that there are exemptions in the federal and state laws that could include square footage, as well as need. If the water were shallow, a person would be allowed to build their dock out further, eliminating the need to dredge. He also thought that this new wording would limit private property rights and could bring additional liability upon the City. Mr. Brown requested that the item be tabled to allow staff to review the private property rights aspect that he just discussed. Because of the new language, he did not think that many boats could be accommodated on all of the City's canals. Mr. Ensler felt that there should be a minimum distance established so that a waterway would not become too narrow for boats to pass each other. Mr. Ensler noted that this could create a potentially dangerous situation. Mr. Friedland suggested that the item be tabled. Attorney Tolces responded that the City Attorney's Office is comfortable with the adoption of these provisions and there is no implication with respect to private property rights. He also explained that the State also looks at whether a proposed dock would interfere with navigation on the waterway. Mr. Rumpf telephoned Mr. Johnson, who informed him that the dock is measured from the seawall. The source of the additional structural terms was taken from the City's amendments to the Florida Building Code, so these are not arbitrary structureal terms. Mr. Ensler requested that the Ordinance include how the 25% is measured and to provide a minimum width for safe navigation. Mr. Tolces stated that the City cannot process a permit application for a dock until the DEP and the County had approved it. Attorney Tolces explained that the City. wants to make the City's regulations consistent with the State and County regulations. Mr. Rumpf also felt that there must be some kind of hardship provision in place if there were a question of depth of the water and that a person could always go through the City's variance process to obtain relief from the one-quarter requirement. Mr. Rumpf stated that the issues reaised by Mr. Ensler were included in the City's Amendments to the Florida Building Code. Chairman Wische closed the public hearing. Motion Mr. Fitzpatrick moved to approve the request to amend Chapter 2, Zoning, Section 4.J limiting the distance a dock can extend into the canal to one-third (1/3) of the canal 22 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 width, to reduce the percentage to one-quarter (1/4) to coincide with regulations of other agencies. Motion seconded by Mr. Friedland. Mr. Casaine requested that the motion be amended to include wording that the ordinance would ensure safe navigation within the waterway. Mr. Fitzpatrick did not wish to amend his motion. Vote The motion carried 6-1 (Mr. Ensler dissenting). 8. Other None 9. Comments by Members Mr. Fitzpatrick felt that there was a trend that all these churches are coming into Boynton Beach because the land in the City is less expensive than in Broward County or Boca Raton and Delray Beach. He was not opposed to churches, but he felt that the churches are taking land off the tax rolls, while requiring City services that the taxpayers have to pay for. Mr. Friedland was disturbed that one of the Board's members, Mr. Bob Ensler, worked with other communities, by presenting the Board's plans to these communities, and he felt that this was improper. He also mentioned an article that Mr. Ensler was quoted in the newspapers before a Board meeting a while back that he also thought was out of order. He did not think that Mr. Ensler did this maliciously, but he felt that this type of action was improper. Chairman Wische asked Attorney Tolces for his opinion on Board members meeting with other entities that may be concerned about certain items that may come before the Board. Attorney Tolces stated that there is nothing wrong with meeting with entities that have a concern about an item coming before the Board, but there are issues with respect to communications that may or may not be received that are associated with applications that could be interpreted as favoring one side or the other. Typically, those discussions are disclosed and there is nothing that prohibits it, but it does affect the process to a certain extent. Attorney Tolces noted that if a Board member meets with an applicant prior to the meeting, that discussion is disclosed because issues coming before the Planning and Development Board are of a quasi-judicial nature. Attomey Tolces did not know what the Board's policy was with regard to meeting with people who may be interested in a project, but are not the applicant. 23 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Mr. Casaine felt that it needs to be determined that when a Board member speaks with members of a community that have an issue with a particular item whether that Board member is acting as a private citizen or as a Board member. If the latter applied, should he excuse himself from the deliberations of that particular item? Mr. Ensler responded that the City's Code does not provide for notification to the people who lived in Leisureville from very important situations, such as the site plan presented tonight. He felt that the site plan could significantly affect the residents adjacent to that site and if these people are not informed as to the item appearing on the Planning and Development Board agenda, they would not be here to represent themselves. He has brought this issue up previously before the Commission to expand the notification process. Mr. Ensler felt that he was helping these people so that they would be aware of what was taking place. Mr. Fdedland felt that it was improper for Mr. Ensler to offer his opinion to this community and that it interferes with his ability to sit on the dais to make an opinion. Mr. Ensler disagreed with Mr. Friedland's comments and Mr. Friedland responded that it was not Mr. Ensler's right to do the City's job, if the City does not do their job correctly. Mr. Friedland asserted that Mr. Ensler has gone to three different communities for the same purpose. Mr. Casaine inquired whether it was correct for an individual representing this Board to speak to a community as a member of this Board. Mr. Ensler asked whether it was proper for a Board member to request money for campaigns when that member is a member of this Board. He felt this was more serious than the question posed by Mr. Casaine. Mr. Casaine felt that any person in any public office could ask for money for a campaign as long as the laws are complied with. However, he felt that if a person used their position on the Board to get money, then that person is acting incorrectly and is prohibited by State law. Mr. Casaine stated that he did not bring this up to criticize, but he was concerned that if a Board member was representing the views of a community and takes a position, is this done as a member of the community and at the same time as a member of the Board. Mr. Hay noted that whenever an item comes before the Board that affects Board member Myott, Mr. Myott always excuses himself. Mr. Fitzpatrick noted that Mr. Myott excuses himself from items that he has a financial interest in, but someone who advocates for a community is for a public interest and is not the same. Attorney Tolces noted that the State Code of Ethics requires that Mr. Myott not participate in the discussion or voting of any item, which may result in private gain to himself or his employer. 24 Meeting Minutes Planning and Development Board Boynton Beach, Florida August 26, 2003 Attorney Tolces felt that this was a matter that the individual Board members should decide what they feel is right. Chairman Wische inquired if the Board was prohibited from speaking with anyone on any issues that the Board would be voting on, regardless of whether they live in that community or not and members felt that this was the correct view to take. Mr. Casaine said that at one point members of his community asked him to speak to the Board about an item that affected his community and he refused because he had to vote on it. He informed the members of his community that they would have to present the case on their own behalf. He did not think it would be proper for him to present the views of his community and then vote on it. Mr. Fitzpatrick pointed out that the Board is a quasi-judicial board and members have to remain impartial. Mr. Ensler felt that the Board was treading on Freedom of Speech issues. He reiterated that if citizens are not notified of items coming up that affect them, is not a Board member allowed to tell these people about this? Mr. Ensler stated that he had nothing further to say and left the meeting. Chairman Wische expressed concern with this action. Mr. Casaine took issue with this action because he felt that Board members should be able to discuss issues amicably and should be able to work them out. 10. Adjournment There being no further business, the meeting propedy adjourned at 10:00 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (August 27, 2003) 25