Minutes 02-24-04MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT
BOARD HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORIDA,
ON TUESDAY, FEBRUARY 24, 2004 AT 6:30 P.M.
Present:
Lee Wische, Chairman
William Cwynar, Vice Chair
Sergio Casaine
Mike Friedland
James UcUahon (~eft meeting at 7:12 pm)
Steve Myott
Woodrow Hay
Mike Fitzpatrick, Alternate (replaced Mr. UcUahon after he left)
David Tolces, Assistant City Attorney
Ed Breese, Principal Planner
Dick Hudson, Senior Planner
Eric Johnson, Planner
Absent:
Anne Centi, Alternate
1. Pledge of Allegiance
Chairman Wische called the meeting to order at 6:30 p.m. and Mr. Myott led the
members in the Pledge of Allegiance to the Flag.
2. Introduction of the Board
Chairman Wische introduced the Board Members, Assistant City Attorney David Tolces,
and the Recording Secretary. Chair Wische recognized and welcomed the presence in
the audience of Vice Mayor Ferguson and Commissioner Ensler.
3. Agenda Approval
Chair Wische asked that The Jefferson @ Boynton item (6.A.1) be heard at the end of
the meeting in conjunction with item (7.G.1), Westbrooke @ Boynton. Assistant City
Attorney Tolces asked to add an item at the end of the agenda for Attorney's Remarks.
Motion
Vice Chair Cwynar moved to accept the agenda as amended. Mr. Casaine seconded
the motion that carried unanimously.
4. Minutes Approval
Motion
Vice Chair Cwynar moved to approve the minutes of the January 27, 2004 meeting. Mr.
Friedland seconded the motion that carried unanimously.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
5. Communications and Announcements
Planning and Zoning Report
Final Disposition of the January 27, 2004 Planning and
Development Board Agenda items.
Ed Breese, Principal Planner, reported on the disposition of the following items that
were reviewed by the City Commission at its February 3, 2004 meeting:
4.
5.
6.
The Pylon Interstate Plaza (Phase II) Height Exception was approved.
The Calvary Chapel of Boynton Beach site plan time extension was
approved.
The Boynton Place new site plan was approved.
The Quantum Park abandonment of roadway was approved.
The Boynton Commerce Center use approval for janitorial was approved.
The High Ridge Commerce Center Code Review for dance instruction was
approved on first reading with the caveat that it be treated as a Conditional
Use.
Swearing in of Witnesses
Attorney Tolces administered the oath to all persons who would be testifying at the
meeting.
6. Old Business (deferred until end of meeting)
7. New Business
A. Code Review
Project:
Agent:
Description:
Suburban Mixed Use Zoning District (CDRV
04-002)
City-initiated
Request to amend Chapter 2. Zoning to establish a
Suburban Mixed Use (SMU) zoning district to
support and enhance development and
redevelopment opportunities in suburban areas
outside of the downtown redevelopment area.
Dick Hudson, Senior Planner, stated that staff was proposing the district as an alternative to the
development of large parcels of land like the former Motorola site under the existing C-3
Community Commercial zoning regulations. Under the C-3 regulations, portions of a site may
be developed for residential use; however, the regulations do not encourage a true integration
of commercial and residential uses, and basically perpetuate the suburban "strip centers" that
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
offer little or no connectivity, allow large parking lots adjacent to major roadways, and do not
yield large projects with unified designs.
Maximum structure height is proposed at 55 feet, with an increase as a conditional use, to a
maximum of 75 feet. A minimum height of 35 feet is also proposed for buildings fronting on
arterial roadways, to create the appearance of two-story buildings. The maximum front setback
along arterial roadways is proposed at 90 feet, including a mandatory 25-foot buffer and
landscaped berm. This is meant to continue the effect that can be seen driving down Congress
Avenue, where developments are separated from the roadway by extensively landscaped,
attractive berms.
Mike Fitzpatrick, 175 S.W. 2nd Street, Boynton Beach, stated that residential single family
detached was 5K square feet or 70 x 70. He asked what the current minimum was. Mr. Hudson
said 6K square feet if in a residential zoning district and if in a PUD, it could vary from that. Mr.
Fitzpatrick also asked if the CRA were going to sign off on this item and Mr. Hudson responded
that it would not be applied in the CRA district. Mr. Fitzpatrick thought that the purpose of the
CRA redevelopment was to enhance development downtown and keep it confined to more of
one area so it would generate extra activity and be self-sustaining. He thought that the
passage of this proposal might defuse this effort and hurt the downtown.
Mr. Hudson replied that staff did not see it that way at all. They saw it as an alternative to the
strip centers.
Chair Wische opened the floor for the Public Hearing, and closed it when no one wished to
speak.
Motion
Mr. Friedland moved to approve the City-initiated request to amend Chapter 2 Zoning to
establish a Suburban Mixed Use (SMU) zoning district to support and enhance development and
redevelopment opportunities in suburban areas outside of the downtown redevelopment area.
Vice Chair Cwynar seconded the motion that carried unanimously.
Vice Chair Cwynar recused himself from voting on agenda items 7B through 7E since the
developer is one of his clients. Mr. Myott recused himself from voting on the same items since
he is employed by a company that is working on some of the projects. The Recording Secretary
provided the proper forms to both parties to complete.
B. Comprehensive Plan Text Amendment
Project:
Agent:
Owner:
Location.'
Renaissance Commons (CPTA 03-001)
Klm Glas-Castro, AICP, Ruden McCIosky
Compson Associates of Boynton II, LLC
Southeast corner of Congress Avenue and
Gateway Boulevard
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
Description:
Request to amend the text of the Comprehensive
Plan Future Land Use Element to establish a
Development of Regional Tmpact (DRT) as a land
use designation, and corresponding policies for the
Renaissance Commons DR! (f.k.a. Motorola DR1)
that documents its approval, uses, densities and
intensities, and approved traffic generation.
Dick Hudson, Senior Planner, stated that he had no comments beyond the staff report, but
would answer any questions.
]im Comparatto, representative for the applicant, Compson Associates, stated that he
had no comments to make. Mr. Comparatto stayed at the podium for all of the Renaissance
Commons items.
Chair Wische opened the floor for the Public Hearing and closed it when no one wished to
speak.
The Board did not have any questions.
I~lotion
Mr. Casaine moved to approve the Request to amend the text of the Comprehensive Plan
Future Land Use Element to establish a Development of Regional l~mpact (DRT) as a land use
designation, and corresponding policies for the Renaissance Commons DR1 (f.k.a. Motorola DRT)
that documents its approval, uses, densities and intensities, and approved traffic generation.
Mr. Hay seconded the motion that carried 5-0.
C. Land Use Plan Amendment/Rezoning
Project:
Agent:
Owner:
Location:
Description:
Renaissance Commons (LUAR 03-009)
Kim Glas-Castro, AICP, Ruden McCIosky
Compson Associates of Boynton I]:, LLC
Southeast corner of Congress Avenue and
Gateway Boulevard
Request to amend the Comprehensive Plan
Future Land Use Map from Industrial (I) and Local
Retail Commercial (LRC) to Development of
Regional Tmpact (DI~); and Request to rezone
from Planned Industrial Development (PID) and C-
3 Community Commercial to Suburban Nixed Use
(SMU).
Dick Hudson, Senior Planner, stated that he had nothing to add to the Staff Report.
The applicant did not have any comments to make but offered to answer questions.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
Chair Wische opened the floor for the Public Hearing, and closed it when no one wished to
speak.
The Board did not have any questions.
Mqtion
Mr. Hay moved to approve the request to amend the Comprehensive Plan Future Land Use Map
from Industrial (1:) and Local Retail Commercial (LRC) to Development of Regional Impact
(DR1); and Request to rezone from Planned Tndustrial Development (PI:D) and C-3 Community
Commercial to Suburban Mixed Use (SMU). Mr. Casaine seconded the motion that carried 5-0.
D. Development of Regional Tmpact Amendment
Project:
Agent:
Owner:
Location:
Description:
Renaissance Commons (DRT.4 03-001)
Kim Glas-Castro, A1:CP, Ruden McClosky
Compson Associates of Boynton 1:1:, LLC
Congress Avenue south of Gateway Boulevard
Request for Development of Regional Tmpact
Amendment (DR]A) approval amending the
approved uses within the project, establishing a
use conversion matrix and changing the name of
the DR! project from Motorola to Renaissance
Commons.
Chair Wische asked the representative of Compson Associates of Boynton ZT, LLC if the
applicant agreed with all staff comments. Mr. Comparatto responded that the applicant was in
agreement with all staff comments and conditions relative to this item. He had no more
comments.
Staff had nothing to add beyond the Staff Report.
Chair Wische opened the floor for the Public Hearing and closed it when no one wished to
speak.
The Board did not have any questions.
Motion
Mr. Friedland moved to approve the request for Development of Regional 1:mpact Amendment
(DR]A) approval amending the approved uses within the project, establishing a use conversion
matrix and changing the name of the DRt project from Motorola to Renaissance Commons. Mr.
Casaine seconded the motion that carried 5-0.
E. Master Plan Modification
Project:
Agent:
Owner:
Renaissance Commons (MPMD 03-002)
Kim Glas-Castro, Ruden McClosky
Compson Associates of Boynton 1:1:, LLC
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
Location:
Description:
Congress Avenue south of Gateway Boulevard
Request for Master Plan Modification approval to
convert the former Motorola Planned Tndustrial
Development (P1:D) to a Mixed-Use project
consisting of residential, commercial and office
uses in conjunction with the amendment of the
Development of Regional Impact (DRI).
Staff had nothing to add beyond the Staff Report.
The applicant's representative had no comments.
Chair Wische opened the floor for the Public Hearing, and closed it when no one wished to
speak.
Motion
Mr. Hay moved to approve the request for Master Plan Modification approval to convert the
former Motorola Planned Industrial Development (PID) to a Mixed-Use project consisting of
residential, commercial and office uses in conjunction with the amendment of the Development
of Regional Impact (DR1). Mr. Casaine seconded the motion that carried 5-0.
2. Project:
Agent:
Owner:
Location:
Description:
Grove Plaza Subdivision Master Plan (MPMD
03-003)
Michael Weiner, Weiner & Aronson P.A.
KMA Investment Properties, LLC
3800 Hypoluxo Road
Request for modification of the Subdivision Master
Plan to convert Parcel "F" from a 3,600 square foot
restaurant to a 7,180 square foot retail store (Auto
Zone).
Michael Weiner, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach,
stated that the applicant agreed with the condition of approval in the Staff Report.
Staff did not have anything to add beyond the Staff Report.
Chair Wische opened the floor for the Public Hearing, and closed it when no one wished to
speak.
Mr. Myott said the Grove Plaza was a master-planned area and the buildings were supposed to
follow a common design scheme. He asked to see color renderings, which the applicant's
representative provided.
Mr. Myott asked whether the base was architectural masonry. Mr. Weiner called on Mr. Huebner
to answer this question.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
Mr. Johnson stated that the plans indicated this was a masonry split face block along the lower
portions of the building.
.lay Huebner, P.E., with Carnahan Proctor & Cross, 6101 W. Atlantic Boulevard,
Margate, Florida, stated that they had put special detail on the stucco base and also on the
columns. They tried to add more depth to it and to match the carwash adjacent to the
proposed building.
Mr. Myott asked if staff had concerns about the lack of any foundation landscaping. Mr..lohnson
replied that this was addressed as a condition of approval for The Auto Zone, the next case.
Motion
Mr. Casaine moved to approve the request for modification of the Subdivision Master Plan to
convert Parcel "F" from a 3,600 square foot restaurant to a 7,180 square foot retail store (Auto
Zone). Mr. Hay seconded the motion that carried 7-0.
New Site Plan
Project:
Agent:
Owner:
Location:
Description:
Auto Zone (NWSP 03-027)
Michael Weiner, Weiner & Aronson P.A.
KMA ]~nvestment Properties, LLC
3800 Hypoluxo Road
Request for New Site Plan approval for a 7,180
square foot retail store (auto supply store) on a
1.18-acre parcel in a C-3 zoning district.
Chair Wische stated that the Staff Report listed 30 conditions of approval and he asked the
applicant if he wished to dispute or needed clarification on any of the items.
Michael Weiner, Weiner & Aronson, P.A., 102 N. Swinton Avenue, Delray Beach,
stated that the applicant did not disagree but wanted clarification on item numbers 28, 29, and
30.
The applicant was aware of the Design Guidelines for this parcel, but wanted to achieve some
kind of consistency with what was actually in place regarding lighting fixtures, signs, and paint.
The awning issue in item number 30 was discussed, and Mr. Johnson stated that staff wanted
to make sure that the proposed building was as compatible as possible with the surrounding
buildings and that the awnings were similar to the carwash and only on the north fa~;ade. The
applicant agreed to this.
The applicant also wanted to have the sign color match the building as opposed to white or off-
white on the sign.
The applicant wanted to put in aluminum poles for light fixtures, using the same canister as
those used by the neighboring carwash.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
In response to the light fixtures and sign color, Mr. Johnson stated that staff wanted to
maintain the integrity of the Design Guidelines. To make any changes to it would involve
revisiting the Design Guidelines themselves and amending them.
Mr. Weiner stated that since it seemed important to staff to follow the Design Guidelines as
stated, they would cooperate. They did, however, ask staff to take a look at the carwash, since
it did not appear that this facility followed the referenced guidelines.
Mr. Johnson asked the applicant if they would agree to continue the buttonwood hedges to the
west, and Mr. Weiner responded that the applicant would agree to this.
Chair Wische opened the floor for the Public Hearing, and closed it when no one wished to
speak.
Mr. Friedland wanted assurances that there would be no oil changes or any other car work done
outside in the parking lot of the Auto Zone facility. Mr. Weiner said that the applicant shared
that concern and would not allow any kind of fluid changes to be done in its parking lot.
Motion
Mr. Friedland moved to approve the request for New Site Plan approval for a 7,!80 square foot
retail store (auto supply store) on a !.!8-acre parcel in a C-3 zoning district, subject to all staff
conditions of approval and the agreements reached at this meeting. Vice Chair Cwynar
seconded the motion that carried 7-0.
2. Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Cancer Center (NWSP 03-
029)
George Gentile, Gentile, Holloway, O'Mahoney &
Associates, Inc.
Boynton Beach Real Estate, LLC
2375 West Woolbright Road
Request for New Site Plan approval for a 6,85!
square foot medical office building on a 0.39-acre
parcel in the C-! zoning district.
George Gentile, President of Gentile, Holloway, O'Mahoney & Associates, Inc., came
to the podium to respond to questions. He stated that the applicant was in agreement with all
the staff conditions of approval.
Chair inquired whether staff had anything to add, and Mr. Johnson replied that he did not.
Chair Wische opened the floor for the Public Hearing, and closed it when no one wished to
speak.
Motion
Mr. Hay moved to approve the request for New Site Plan approval for a 6,85! square foot
medical office building on a 0.39-acre parcel in the C-! zoning district, subject to all conditions
of approval. Vice Chair Cwynar seconded the motion that carried 7-0.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 200`1
Mr. Mcblahon left the meeting at 7:12 p.m. and Mr. Fitzpatrick took his place on the dais.
F. Major Site Plan Modification
Project:
Agent:
Owner:
Location:
Description:
Westbrooke @ Boynton (MSPM 03-O13)
3amie Gentile, Calvin, Giordano & Associates, Inc.
Westbrooke Companies, Inc.
East of South Congress Avenue, north of L.W.D.D.
L-30 Canal
Request for Major Site Plan Modification approval
to construct 300 townhouse units on 32.15-acres in
the Planned Unit Development (PUD) zoning
district.
The Board members wished to know why the Board was being asked to consider the extension
of a site plan and a new site plan on the same property.
Summary: U/t/mate/y, the Board decided to hear the site plan "modification" first, approved
it, and denied the site p/an time extension.
Eric 3ohnson, Planner, stated that the applicant had requested, in a letter that he had furnished
the Board members, to defer consideration of Item No. 6.A.1 regarding a one-year time
extension of the .lefferson at Boynton site plan approval granted on December 2, 2002. The
request was made because the time extension is on the agenda at the same time as a related
site plan modification, which, if approved, would alleviate the need to consider Item No. 6.A. 1.
The Board could grant this deferral at its discretion, according to Attorney Tolces.
There was a great deal of discussion about this issue and a certain amount of confusion. [t
seemed to many Board members that if they denied the site plan time extension, it would
eliminate consideration of the "modified site plan" and cause the applicants to have to start
over with a new site plan. Some felt that this should be done. Others wanted to hear the site
plan "modification" first, and then take action on the site plan time extension.
Scott Backman, Ruden McClosky, 200 E. Broward Boulevard, Ft. Lauderdale, gave a
history of the matter. Tn 2002, the contract purchaser, .1PT Apartment Development, submitted
a site plan that was approved for 3`10 rental units. Tn late 2003, Westbrooke Companies
purchased the property from 3P! Apartment Development. Westbrooke needed some time to
look at the plan and submitted a letter to the City in October of 2003 requesting an extension to
that site plan, stating that they wanted additional time to review the plans and to pull together
any applications they needed for development permits so that they could move forward on the
project. From October 2003 to the present, Westbrooke developed a new site plan that reduced
the number of units from 3,t0 to 300 and offers ownership vs. rentals, a favorable point to the
City when they reviewed the site plan application/modification.
Mr. 3ohnson stated for the record that when staff reviewed the request for site plan time
extension, the conclusion was reached that 3P! Apartment Development was not acting in good
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
faith to carry forth the project and this is why staff recommended denial of the site plan time
extension. They had not pulled a building permit or gotten a traffic study.
Mr. Backman noted that staff had taken that position regarding the previous developer, and not
against the current developer. Mr..~ohnson confirmed staff's belief that Westbrooke was acting
in good faith.
MotiQn
Mr. Myott moved to amend the agenda to place the major site plan modification for The
Westbrooke @ Boynton ahead of the request for The Jefferson @ Boynton's request for site
plan time extension. Mr. Friedland seconded the motion.
Mr. Fitzpatrick spoke against the motion, saying that it would be establishing a bad precedent.
He said that the Board should follow the agenda and stick to the rules, even if it meant that the
applicant would have to come back before them in a month or so.
Chair Wische commented that if the site plan time extension did not pass, there would be no
site plan to modify - it would be a moot issue. The applicant would have to come back with a
new site plan.
Chair Wische asked the Recording Secretary to poll the vote.
The motion passed 4-3, Chair Wische, I~lessrs. Casa/ne and Fitzpatrick dissenting.
Summary: The Board considered the Najor Site Plan I~lodification and ultimately approved it
6-1, with the app//cant agreeing to all staff condi~'ons of approva/.
Chair Wische asked whether the applicant agreed with the 67 staff conditions of approval.
Scott Backman, Ruden McCIosky, 200 E. Broward Boulevard, It. Lauderdale, stated
that the applicant had one objection to Ttem No 65, which was a condition put on by the City to
reduce the allowable depth of the outdoor patios to 5 feet on those patios proposed in the rear
yards of the 3 buildings that abut the landscape buffer along the north property line.
Staff stated that since the proposed development abuts an industrial development on the north,
it is important to preserve the 15-foot wide landscape strip between the edge of the patios and
the northern extent of the industrial property.
Michael DeBack, Westbrooke Companies, 1860 Old Okc. c.c. hobee Boulevard, West
Palm Beach, stated that making the lots wider versus deeper, as suggested by Mr. Myott, was
something that the applicant could be amenable to, but they had provided 200 additional trees
along the landscape buffer in compensation. He commented that there was no requirement in
the Code for the 15-foot setback requested by the City. They currently had 20 feet, 10 feet of
which was for patios.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
Mr. Johnson stated that while Mr. Backman was correct in saying that a 15-foot landscape
buffer was not required, there were two zoning districts involved - a residential PUD and an
industrial district. Mr. Johnson believed that the :LS-foot request was comparable to the buffers
throughout Quantum Park where residential property abutted industrial uses. Also, staff could
not impose the 15-foot buffer on the industrial property since it was already built out. There
was no other way to insure the landscape buffers. Mr. Johnson thought the additional shrubs
and landscaping should be done in addition to the 15 feet. Also, with the PUD zoning district,
Mr. Johnson understood that the PUD was meant for large, planned communities and had its
own buffer requirements. Although the 15-foot buffer request was not required by Code, it was
comparable to similar developments in Boynton Beach. Staff did not want to take money from
the developer's pocket, but wanted to protect the welfare of the community.
Various alternatives were discussed. After considerable discussion, the applicant stated that
while they would not allow a disagreement about this one item to jeopardize site plan approval,
they did feel it was unfair that 3 units in an undesirable location would become that much more
undesirable as a result of this request. Also, Mr. Backman reiterated that this was not
something that was even required by the Code. After more discussion, Mr. Backman stated
that since it was clearly important to staff, they would accept the condition.
Mr. Fitzpatrick did not see how the project would benefit the City. He stated that it took about
$:[00K in taxes to pay for each new resident. After a Homestead deduction is taken from the
average purchase price of $150K, the benefit to the City would be practically nothing. There
would also be extra congestion on Congress Avenue.
Mr. Fitzpatrick also felt that the condition to continue d/scuss/ons w/th the property owner about
the possib#ity of inc/uding the vacant ~or on the property in the City of Boynton Beach's future
Greenways and Bikeways p/an was meaningless. The developer was only agreeing to discuss
this. Mr. Backman stated that it was the applicant's understanding that the dedication of this
land to the City would allow the City additional opportunities to make any necessary
connections or in the future to explore connections and have flexibility to do what it needed to
do in the future. This had been agreed to with staff.
Mr. Fitzpatrick said that when this had first come up a year ago, he had proposed a connection
from the back of the property along the canal. Also, he stated that the City never got any
compensation for changing this land classification from industrial to residential. They turned
over millions of dollars in benefit rights and received nothing in return except extra traffic
congestion.
Mr. Johnson's understanding was that the subject parcel was not a developable lot and did not
have access to anything. The City is working on a document called the Boynton Beach
Greenway and Bikeways Plan, which is in draft form and has not been approved by the City
Commission. The City has no money or plans to acquire or maintain this property. Staff's intent
was to leave the door open for discussions when, and if, the Greenway and Bikeways Plan is
completed and approved.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
Mr. Backman reiterated that Westbrooke had agreed to dedicate this piece of property to the
City. In addition, Westbrooke agreed to provide a six-acre conservation area to the north,
which will be for public benefit.
Mr. Friedland expressed the opinion that regardless of the taxes, the City had too many
apartments and not enough fee-simple homes and that homes in this price range would be of
benefit to the area.
Chair Wische opened the floor for a Public Hearing, and closed it when no one wished to speak.
Motion
Mr. Friedland moved to approve the request of Westbrooke @ Boynton for Major Site Plan
Modification approval to construct 300 townhouse units on 32.:15-acres in the Planned Unit
Development (PUD) zoning district. Mr. Hay seconded the motion that carried 6-:1, Mr.
Fitzpatrick dissenting.
6. Old Business
A. Site Plan Time Extension (Heard out of Order)
Project:
Agent:
Owner:
Location:
Description:
The 3efferson @ Boynton (f.k.a. South
Congress Avenue Residential) (SPTE 03-006)
Kieran .1. Kilday, Kilday and Associates
Westbrooke Communities
East side of Congress Avenue, north of L.W.D.D.
Canal L-30
Request for a one (:1) year time extension of the
site plan approval granted on December 2, 2002,
from December 2, 2003 to December 2, 2004.
Chair Wische believed that the applicant's position and staff's position had been made clear in
previous discussions.
Motion
Mr. Casaine moved to deny and eliminate the request for a one-year time extension of the site
plan approval granted on December 2, 2002, from December 2, 2003 to December 2, 2004.
Vice Chair Hay seconded the motion. The motion carried 7-0.
Mr. Fitzpatrick stated that there seemed to be a pattern of people taking over site plans, with
the old developer being the bad guy and the new developer being the good guy. He felt that
the Board needed to draw the line.
8. Other
None
9. Comments by Members
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February 24, 2004
Mr. Casaine wanted his opinion put in the record that when staff brings proposals before the
Board, they should be well defined and "clean." The Jefferson @ Boynton and Westbrooke @
Boynton agenda items were not properly defined.
10. Attorney's Remarks
Attorney Tolces distributed two documents to the Board members - City of Boynton Beach
Resolution 95-99 and State Statute 286-0115. This presentation was given as a clarification of
the law pertaining to Board members speaking outside of the meeting to applicants and
developers.
Resolution 95-99 addresses the issue of whether or not ex parte communications with
individuals related to applications, which the Board is considering, may be considered
prejudicial, and whether or not the Board may speak with individuals and make side visits, and
so forth. This Resolution complied with the statutory requirements, which provided for the
ability of communications to take place between members of the Board and applicants and
found that those communications, as long as they were disclosed on the record at a public
hearing, would not be considered to be prejudicial.
Subsequent to the adoption of Resolution 95-99, the State Statute, Section 286.0115, was
amended. Originally, this was the statutory section that provided the authority for a City
Commission to adopt such a resolution. Attorney Tolces directed the Board members' attention
to Statute 286.0115 2C, which he read in its entirety. Attorney Tolces stated that in essence,
the Statute modified its earlier finding about having to disclose communications that took place
between Board members and applicants and stated that the Board members could proceed to
communicate with individuals without causing prejudice to the proceedings.
In light of that explanation, Attorney Tolces advised the Board members that they could speak
to individuals regarding applications that had or would come before the Board. If a Board
member were to receive any written communications, however, the City Attorney's office still
strongly suggested that a copy be provided to the Planning & Zoning Department or the City
Clerk so that everyone on the Board could also have a copy of it. Attorney Tolces stated that
the Board was instructed to decide the issues before it based upon the substantial competent
evidence that is presented to it at the meeting.
A question arose about how this would apply to Board members speaking with each other about
matters that had or would come before the Board. Attorney Tolces said that this would still be
covered by the Sunshine Law.
10. Adjournment
Since there was no further business before the Board, the meeting was duly adjourned at 8:08
p.m.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
February24, 2004
Respectfully submitted,
Susan Collins
Recording Secretary
(022704)
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