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
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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.
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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)