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Minutes 09-23-03MZNUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, C1~TY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER P~, 2003 AT 6:30 P.M. Present Lee Wische, Chairman Bill Cwynar, Vice Chair Sergio Casaine Mike Friedland Woodrow Hay .lames McMahon Steve Myott Mike Fitzpatrick, Alternate David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Absent Bob Ensler, Alternate Pledge of Allegiance Chairman Wische called the meeting to order at 6:33 p.m. and Steve Myott led members in the Pledge of Allegiance to the Flag. Introduction of the Board Chairman Wische introduced the Board members, Assistant City Attorney Tolces, and staff. III. Agenda Approval There were no changes, additions, or deletions to the agenda. Motion Mr. Hay moved to approve the agenda as submitted. The motion was seconded by Vice Chair Cwynar and carried unanimously. IV, Approval of Hinute$ of August 26, 2003 There were no changes to the minutes, r4oti~n Mr. Myott moved to approve the minutes as submitted. Friedland and carried unanimously. The motion was seconded by Mr. Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2003 V. Communications and Announcements A. Planning and Zoning Report Mike Rumpf, Planning and Zoning Director, gave a report of the actions that were taken by the City Commission on items considered by the Planning and Development Board. 1. Final Disposition of the August 26, 2003 Planning and Development Board items. Mr. Rumpf reported on items heard by the City Commission at the September 2, 2003 meeting. a. List of approved uses for Boynton Commerce Center approved b. Front yard setback request for East Coast Mechanical approved c. 18 foot variance for a commercial office/warehouse building in a P.I.D. District and a 7-foot wide peripheral greenbelt approved for Quantum Park Lot 3 d. Site plan approval for construction of multiple bay building for Winchester Commons e. Site plan approval and height exception for St. Gregory's Armenian Church with additional condition applied of a buffer on the eastern side where the project abuts residential properties f. Arby's conditional use and new site plan approved g. Serrano items approved on 2nd reading (annexation, land use amendment and rezoning) h. Abandonment of ingress/egress easement for Boynton Commerce Center approved on 2nd reading i. Abandonment of 3 additional easements (ingress/egress, FPL, and utility) for Boynton Commerce Center approved on 2"d reading Dock ordinance restricting distance a dock can extend into canal tabled on 1st reading Mr. Rumpf reported on items heard by the City Commission at the September 16, 2003 meeting. Vii. a. Dock ordinance approved on 1~t reading. b. Abandonment for Boynton Commerce Center approved on 1~t reading. Old Business None Vi:I;. New Business Attorney Tolces administered the oath to all persons who would be testifying at the meeting. A. _Zonin(~ Code Variance 1. Project: Griffith Variance (ZNCV 03-009) 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2003 Agent: Craig Griffith Owner: Craig Griffith Location: 1301 N.W. 8th Court Description: Request relief from Chapter 2, Zoning Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. Mr. Myott recused himself because he is the architect for the applicants. Nancy Cavanaugh and Craig (~riffith explained that they were getting married and wanted to make the house larger. They worked with an architect to come up with the best possible configuration for the property and believed they had achieved this. Ms. Cavanaugh stated that she also had many letters from the neighbors in support of granting the variance. Steve Myott spoke in a private capacity at the podium, stating that the goal had been to bring the house up to the current specifications and provide a 3 bedroom, 2 bath, 2000 square foot house comparable to the other houses in the vicinity. He had worked on four different additions on this same street and this was the only one where there was not quite enough room, by 5 feet. Maxime Ducoste-Amedee, Planner, presented the Staff Report. Staff recommended denial of the project because it did not meet traditional hardship criteria. However, staff had received many letters of support from the neighbors and did not feel that the addition would present any problem in the area. ]:f the Board wished to grant the variance, staff offered several points of information that would tend to support that action. Attorney Tolces drew the Board's attention to the Land Development Regulations, Section 4.1, containing criteria the Board would have to consider in order to grant a variance. Mike Fitzpatrick recommended that the Board deny the request, believing that it set a bad precedent to allow it. Motion Mr. Friedland moved to approve the request to grant relief from Chapter 2, Zoning Section S.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R- 1-AA zoning district, to allow for a variance of $ feet, and a rear yard setback of 20 feet, subject to all staff conditions of approval. Mr. Casaine seconded the motion that carried 6-0. B. Abandonment Project: Agent: Owner: L.A. Fitness (ABAN 03-O10) Derek Vander Ploeg, Vander Ploeg & Assoc., Tnc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2003 Location: 2290 and 2298 N. Congress Avenue Description: Request for abandonment of a public utility easement The applicant requested staff to postpone this item. Vice Chair Cwynar moved to continue this item until the October 28, 2003 meeting. Mr. Casaine seconded the motion that carried unanimously. C. Major Site Plan Modification 1. Project: Agent: Owner: Location: Description: space on 6.27 acres in the C-3 zoning district. The applicant made a request to staff that this item be postponed. Vice Chair Cwynar moved to continue this item until the October 28, 2003 meeting. seconded the motion that carried unanimously. Project: Agent: Owner: Location: Description: L.A. Fitness (MSPM 03-OO7) Derek Vander Ploeg, Vander Ploeg & Assoc., Inc. RM Boynton Shoppes Regal, LLC and RM Boynton Shoppes, LLC 2290 and 2298 N. Congress Avenue Request for major site plan modification to replace an existing movie complex with a 77,000 square foot building, consisting of a 43,000 square foot fitness club and 34,000 square feet of future retail Mr. Hay Bethesda Memorial Hospital (MSPM O3-OO8) Dennis Campbell, Kilday & Associates, Inc. Bethesda Memorial Hospital, Inc. 2815 S. Seacrest Boulevard Request for major site plan modification to an existing site plan to add 56,277 square feet in two additional floors to accommodate a comprehensive in-patient rehabilitation center within the existing building footprint of the hospital. Kiernan Kilda¥, Kilda¥ & Associates, ]:nc., responded that the applicant was in agreement with all staff Conditions of Approval. Chairman Wische opened the Public Audience, closing it when no one wished to speak. Ed Breese, Principal Planner, advised that staff had worked very closely with the applicant and believed that there were no outstanding issues on either side. He offered to give a full presentation, but the Board declined. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2003 Vice Chair Cwynar moved to approve the Bethesda Memorial Hospital request for major site plan modification to an existing site plan to add 56,277 square feet in two additional floors to accommodate a comprehensive in-patient rehabilitation center within the existing building footprint of the hospital, subject to all staff Conditions of Approval. Mr. Hay seconded the motion that carried 7-0. D. Heiaht Exception 1. Project: Bethesda Memorial Hospital (HTEX O3-OO6) Agent: Dennis Campbell, Kilday & Associates, Thc. Owner: Bethesda Memorial Hospital, ]:nc. Location: 2815 S. Seacrest Boulevard Description: Request for a height exception of 10 feet-5 inches Pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevators and stair tower to be 55'5" in height, a distance of 10'5" above the maximum 45-foot height allowed in the Public Usage (PU) zoning district. Fd Breese, Principal Planner, stated that staff recommended approval of the height exception. Chairman Wische opened the public hearing, but closed it when no one wished to speak. Mr. Fitzpatrick wanted assurance that the helicopter-landing pad (for Trauma Hawk) would not be affected by this height exception, and Mr. Kilday assured him that this had been reviewed and that there would be no impact to the pad. Mr. Hay moved to approve Bethesda Memorial Hospital's request for a height exception of 10 feet, 5 inches pursuant to the City's Land Development Regulation, Chapter 2, Zoning, Section 4.F.2, to allow the mechanical room housing elevators and stair tower to be 55; 5 inches in height, a distance of 10', 5 inches above the maximum 45-foot height allowed in the Public Usage (PU) zoning district, subject to all staff Conditions of Approval. Mr. Friedland seconded the motion that carried 7-0. E. New Site Plan Project: Agent: Owner: Location: Description: Safe & Secure (NWSP 03-001) Bradley Miller, Miller Land Planning Consultants, Inc. Estelle Blumberg Northwest corner of SW 30m Avenue & Congress Avenue Request for new site plan approval for the construction of a three story, 95,588 square foot Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2003 self-storage facility on 3.39 acres in the M-1 zoning district. Eric Johnson, Planner, stated that staff recommended approval of this request. There are 28 Conditions of Approval and the applicant agrees with all of them. He only added that if Parcel "B" of the site were to be developed later, it would require a separate site plan approval. Bradley Miller, Miller Land Planning Consultants, Inc., stated that the applicant agreed with all Conditions of Approval. Chairman Wische opened the public hearing and closed it when no one wished to speak. Vice Chair Cwynar moved to approve Safe & Secure's request for new site plan approval for the construction of a three (3) story, 9.5,588 square foot self-storage facility on 3.39 acres in the M- 1 zoning district, subject to all Conditions of Approval. Mr. Hay seconded the motion that carried 7-0. 2. Project: :~nterstate Sign Crafters (NWSP 03-014) Agent: Mike Sipula, .1MS Designs, ]:nc. Owner: Jeffrey Petersen Location: Lots 13 & 14 High Ridge Commerce Park, 130 Commerce Road Description: Request for new site plan approval for a 17,384 square foot warehouse building on a 2.53-acre parcel in a Planned ]:ndustrial Development (P]:D). Mike Sipula, .1MS Designs, stated that the applicant agreed with all Conditions of Approval. Ed Breese, Principal Planner, stated that staff had worked very closely with the applicant and felt that all concerns had been answered. Chairman Wische opened the public audience, but closed it when no one wished to speak. Mr. Myott asked if all of the space were going to be used by ]:nterstate Sign Crafters and Mr. Sipula responded that it was set up as a four-space area and that ]:nterstate would use two of them and offer the other two for lease. Mr. Fitzpatrick commented that mahogany trees were inappropriate plant species for a high and dry area like High Ridge. He also stated that the City had given away the Miner Road right-of- way and did not get anything in return. He asked if the applicant would have any problem with allowing the area behind his facility, in the setback buffer area, to be used as a future public bike path, assuming permission from other contiguous owners. Mr. Sipula stated that this was where they had their l-foot drainage swale area and that site security would be a consideration. He did not know if the applicant would allow this or not. Meeting Minutes Planning and Development Board Boynton Beach, Florida September 23, 2003 Motion Mr. Casaine moved to approve Interstate Sign Crafters' request for new site plan approval for a 17,384 square foot warehouse building on a 2.53-acare parcel in a Planned Industrial Development (PID), subject to all staff Conditions of Approval. Vice Chair Cwynar seconded the motion that carried 7-0. VIII. Other- None IX. Comments by Members Mr. Fitzpatrick made the comment that someone had approached Crosspointe Elementary School about changing the color of their building and making adjustments to some landscaping. The School made the changes at a cost of $8,000. The Principal and the Building Facilities Manager confirmed that someone had come to the school and initiated this request but neither of them knew the identity of the individual. The Principal believed the person lived in Hunters Run. One of the teachers at the school told Mr. Fitzpatrick that the person was Mr. Ensler. The Building Facilities Manager told Mr. Fitzpatrick that there was a report but he did not have a copy of it. Mr. Fitzpatrick wanted staff to investigate this matter and find out if a person had appeared at the school as a representative of the City, asking that the colors and landscaping be changed. Some Board members felt that this was based on rumor and did not want to pursue it. Other Board members wanted to pursue it but not at this time. Chair Wische suggested that if Mr. Fitzpatrick wished to pursue this, he could do so on his own. Attorney Tolces commented that the Board did not have the power to investigate anything and that if they wanted to know the facts, they would have to ask staff to investigate and report back to them. Everyone acknowledged that with the election in the offing, it was not a good time to pursue this. No one wanted to "sling mud." The Board did not want to get involved politically; on the other hand, there was some concern that anyone would, on their own, purport to represent the City or the Board and request such changes. Mr. Friedland agreed that the timing was bad but felt that the matter should be explored. Motion Mr. Friedland moved to direct staff to investigate this matter, get the facts, and relay them back to the Board. Mr. Myott seconded the motion that carried 5-2, Vice Chair Cwynar and Mr./-/ay dissenting. X. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 7:15 p.m. Respectfully submitted, Susan Collins, Recording Secretary (092403) 7