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Minutes 03-23-04MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 23, 2003 AT 6:30 P.M. Present: Lee Wische, Chairman William Cwynar, Vice Chair Sergio Casaine James McMahon Mike Friedland Anne Centi, Voting Alternate Mike Rumpf, Planning & Zoning Director David Tolces, Assistant City Attorney Ed Breese, Principal Planner Absent: Woodrow Hay Steve Myott Mike Fitzpatrick, Alternate 1. Pledge of Allegiance Chairman Wische called the meeting to order at 6:33 p.m. and Vice Chair Cwynar led members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Wische announced that Board members Woodrow Hay and Steve Myott were ill and would not be present tonight. Anne Centi will be a voting Alternate. Chairman Wische introduced the Board Members, Assistant City Attorney Tolces, the Recording Secretary, and Commissioner Mack McCray. 3. Agenda Approval Motion Vice Chair Cwynar moved for approval. Motion seconded by Mr. Casaine and unanimously carried. 4. Approval of Minutes Meeting Minutes Planning and Development Board Boynton Beach, Florida March 23, 2004 Motion Mr. Friedland moved for approval. Motion seconded by Vice Chair Cwynar and unanimously carried. 5. Communications and Announcements Planning and Zoning Report Mr. Rumpf reported on the disposition of the following items that were reviewed by the City Commission at the March 16, 2003 Commission meeting. 1. The Westbrooke @ Boynton Beach major site plan modification was approved with some additional conditions. 2. Renaissance Commons Master Plan Modification was approved under the Consent Agenda. 3. Grove Plaza Subdivision Master Plan was approved. 4. The new site plan for Auto Zone was approved. 5. The Boynton Beach Cancer Center was approved. 6. The site plan time extension for the Jefferson at Boynton Beach was denied. 7. The Suburban Mixed Use Zoning regulations were approved under public hearing and on first reading of the Ordinance. Additional changes will be added to prevent any height exception provisions, as well enhancing the open space provisions and height maximums that are adjacent to single-family homes. 8. Renaissance Commons Comprehensive Plan Text Amendment, DRI, Land Use Plan Amendment and Rezoning were all approved. Mr. Rumpf reported that the Text Amendment and Land Use Plan Amendment would be forwarded to DCA for review. 9. The Code Amendment for Dance Instruction was approved on second reading as a conditional use in the M-1 Zoning District. 10.The abandonment of a portion of the Quantum Boulevard right-of-way was approved on second reading. Attorney Tolces administered the oath to all persons that would be testifying. 6. Old Business None 7. New Business A. Conditional Use 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 23, 2004 Project: Agent: Owner: Location: High Ridge Commerce Center II Dance Studio (COUS 04-002) Joni Brinkman, AICP, Winston Lee & Associates Levitt Commercial High Ridge II, LLC Request for Conditional Use approval to allow a Dance Studio in an M-1 zoning district. Joni Brinkman, Winston Lee & Associates, agent for the applicant, assumed the podium. Chairman Wische pointed out that there were 12 staff comments. Ms. Brinkman had a question regarding comment #6 and she had spoken with Mr. Rumpf today about deleting this comment. She noted that conditions #3, ~t, #5, #7, #8, #9 and #10 of the Building Department should cover everything that was necessary during the building permit process. Chairman Wische asked Mr. Rumpf whether he agreed with the applicant and he responded that she was correct. Chairman Wische announced the public hearing. Since no one wished to speak, the public hearing was closed Motion Vice Chair Cwynar moved to approve the request for Conditional Use approval to allow a Dance Studio in an M-1 zoning district, with the deletion of staff comment #6, and with all other staff comments remaining. Motion seconded by Mr. Casaine and unanimously carried. Project: Agent: Owner: Location: Description: Chick-FiI-A (COUS 03-010) Rachel Hall, InterPlan LLC Oriole Homes Corporation BJ's out parcel; South of Boynton Beach Boulevard, West of Winchester Park Boulevard extended. Request for conditional use approval for a 3,972 square foot restaurant with drive-thru restaurant on a 0.87 acre parcel in a Planned Commercial Zoning District Rick Abt, Interplan LLC of Woodstock, Georgia, assumed the podium. Chairman Wische noted that there were 30 staff comments and asked the applicant if there were any he wished to address or disagreed with. Mr. Abt agreed with all staff comments. Chairman Wische reported that he inspected the site and noted that the drive-thru window does not face a major artery. He announced the public hearing. Since no one wished to speak, the public hearing was closed. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 23, 2004 Motion Mr. Friedland moved to approve the request for conditional use approval for a 3,972 square foot restaurant with drive-thru restaurant on a 0.87-acre parcel in a Planned Commercial Zoning District, subject to all staff comments. Motion seconded by Ms. Centi and unanimously carried. B. Use Approval Project: Agent: Owner: Location: Description: Boynton Commerce Center (USAP 04-001) Joni Brinkman, AICP, Winston Lee & Associates Levitt Commercial Boynton Beach Commerce Center, LLC. 1800, 1900, 2000, 2100 Corporate Center Drive, South of Lowes Home Improvement Warehouse of Boynton Beach Request to include "catering and food services" on the list of permitted uses within the Boynton Commerce Center Planned Industrial District (PID). Joni Brinkman, Winston Lee & Associates, representing the applicant, assumed the podium. Chairman Wische reported that there were no staff comments, and staff recommends approval. Chairman Wische announced the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Casaine moved that the request to include catering and food service on the list of permitted uses within the Boynton Commerce Center Planned Industrial District (PID) be approved. Motion seconded by Mr. Friedland and unanimously carried. C. Height Exception Project: Agent: Owner: Location: Description: Renaissance Commons Phase I (HTEX 04- 001) Carl E. Klepper, Jr., Compson Associates Compson Associates of Boynton, LLC. 1500 Gateway Boulevard, southeast corner of Congress Avenue and Gateway Road Request for height exception of 5 feet-4 inches to allow for the hip-roofs associated with elevator mechanical rooms and stair towers to Meeting Minutes Planning and Development Board Boynton Beach, Florida March 23, 2004 extend above the 45-foot maximum height provision in the Community Commercial (C-3) and Planned Industrial District (PID) zoning districts. Vice Chair Cwynar recused himself and provided the Recording Secretary with a completed Form 8B, the original of which is on file in the City Clerk's Office. Jim Comparato, Compson Associates, 980 North Federal Highway, Boca Raton, assumed the podium. Chairman Wische reported that there were no staff comments and the applicant meets all code requirements. Chairman Wische further pointed out that Chapter 2, Zoning of the LDR, Section 4.F.3 allows the height exception. Chairman Wische announced the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Casaine moved that the request for the height exception of 5 feet-4 inches to allow for the hip-roofs associated with elevator mechanical rooms and stair towers to extend above the 45-foot maximum height provision in the Community Commercial (C-3) and Planned Industrial District (PID) zoning districts be approved. Motion seconded by Mr. McMahon and carried 5-0 (Vice Chair Cwynar abstaining). D. Code Review Project: Owner: Description: Environmental Review Process Staff-initiated Request for amendments to the City's Land Development, Chapter 2, Zoning, Section 4.N.5, 6, 7, 8 and 11 that simplify and refine the environmental review process, replacing the committee process with a staff review process, and placing review and enforcement duties relative to hazardous material and substances under the Fire Marshal. Nancy Byrne, Assistant Development Director, explained that the code changes that they are proposing would remove a process that was very cumbersome and negative to the business community. The proposed changes to the code will simplify and streamline the environmental review process. The regulation of hazardous materials and toxic substances will now be the responsibility of the Fire Marshal and removed from the Zoning Code. Ms. Byrne noted that there has been a reorganization of the Planning and Zoning Division, and Occupational Licensing is now under Planning and Meeting Minutes Planning and Development Board Boynton Beach, Florida March 23, 2004 Zoning. As a result of the reorganization, every application for an occupational license will now undergo a comprehensive review. Motion Mr. Friedland moved that this Board make a recommendation in favor of the proposed amendments to the sections referenced in the agenda to the City Commission. Motion seconded by Vice Chair Cwynar and unanimously carried. 8. Other 9. Comments by Members Mr. Friedland noted that the members of this Board previously received the minutes of the Commission and the Community Redevelopment Agency. This practice no longer exists and he requested that it be re-instituted. Mr. Friedland was informed that the minutes are available on the City's website. Vice Chair Cwynar inquired if the Board members whose terms were expiring needed to reapply for appointment and he was informed that this was necessary. 10. Adjournment There being no further business, the meeting propedy adjourned at 6:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (March 25 2004)