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Minutes 05-25-04 MINUTES OF THE REGULAR MEETING OF THE PLANNING & DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 25, 2004 AT 6:30 P.M. Present: Sergio Casaine Woodrow Hay .lose Rodriguez Roger Saberson Mike Fitzpatrick, Alternate (arr'd 6:47 p.m.) Mike Friedland, Alternate Mike Rumpf, Planning & Zoning Director David Tolces, Assistant City Attorney Ed Breese, Principal Planner Maxime Ducoste-Amedee, Planner Eric Johnson, Planner Absent: Lee Wische, Chairman William Cwynar, Vice Chair Steve Myott I. Pledge of Allegiance In the absence of the Chair and Vice Chair, Assistant City Attorney Tolces led the Board in the Pledge of Allegiance to the Flag. II. Introduction of the Board Assistant City Attorney Tolces introduced the Board members and staff and acknowledged the presence in the audience of Commissioner McKoy. He indicated that it would be appropriate to appoint an Acting Chair for the meeting. Mr. Friedland moved to open the nominations for Acting Chair and nominated Mr. Sergio Casaine as Acting Chair. Nr. Casaine accepted. There were no other nominations, so the nominations were closed and Mr. Casaine was elected to Chair the meeting. III. Agenda Approval Acting Chair Casaine asked if there were any additions, deletions, or corrections to be made to the Agenda. Meeting Minutes Planning and Development Board Boynton Beach, Florida May 25, 2004 Motion Mr. Hay moved to approve the agenda as submitted. motion that carried unanimously. Mr. Friedland seconded the Acting Chair Casaine noted that Chair Wische was in the hospital but was doing well and expected to be at the next meeting. He sent the Board's best wishes and prayers to Chair Wische. IV. Election of Chair and Vice Chair Acting Chair Casaine opened the floor for nominations for Board Chair for the 2004-05 Board year. IVlr. Friedland nominated Mr. Lee Wische as Board Chair. Mr. Hay seconded the nomination. Mr. Wische had previously communicated to the Clerk's office his acceptance of such a nomination, if put forward. There were no other nominations, so the nominations were closed and it was announced that Mr. Wische would hold the position of Chair for the 2004-05 Board year. Acting Chair Casaine opened the floor for nominations for Vice Chair for the 2004-05 Board year. Mr. Hay nominated Sergio Casaine for Vice Chair. Mr. Casaine accepted the nomination. There were no other nominations so the nominations were closed, and it was announced that Mr. Casaine would hold the position of Vice Chair for the 2004-05 Board year. Acting Chair Casaine welcomed the two new Board members, .lose Rodriguez and Roger Saberson, and expressed appreciation for the presence of Commissioner McKoy. V. Approval of Minutes of April 27, 2004 There were no corrections to the minutes. Motion Mr. Hay moved for approval of the April 27, 2004 minutes, seconded by Mr. Friedland, and carried unanimously. VI. Communications and Announcements A. Planning and Zoning Report 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 25, 2004 Mike Rumpf, Planning & Zoning Director, reported on the disposition of the following items that were reviewed by the Planning & Development Board on April 27 and acted upon by the City Commission at the May 5, 2004 meeting: 2. 3. 4. The Wantshouse variance request was approved. The Anderson PUD Site Plan was approved. The Arbolata Site Plan Time extension was approved. The Woolbright Plaza Major Site Plan modification was approved. Also, Mr. Rumpf distributed copies of "A Guide to Preparing an Evaluation and Appraisal Report, Part I: The Process" from the Florida Department of Community Affairs (DCA). He also distributed a copy of the City's latest Comprehensive Plan, circa November 1989. The State has asked the City do an Evaluation and Appraisal Report of issues that would affect the Comprehensive Plan, as a prelude to updating it. The input of the Planning & Development Board and the Community Redevelopment Agency is being sought and various public meetings will be held as well. The end product of this analysis will be presented to the City Commission before being sent to the DCA. This effort is expected to take two months. The consensus of the Board was to call a special workshop on this topic for 3une 30, 2004 at 6:30 p.m. in the Commission Chambers. Acting Chair Casaine complimented the Planning staff on the diligent work they put into analyzing each case that comes before the Board. VII. Old Business None Swearin,q in of Witnesses At Acting Chair Casaine's request, Assistant City Attorney David Tolces administered the oath to all persons who would be speaking during the meeting. VIII. New Business A. Zoning Code Variance Meeting Minutes Planning & Development Meeting Boynton Beach, Florida May 25, 2004 Projecl:: Agent: Owner: Location: Description: Hendricks Variance (ZNCV 04-003) Thomas & Rona Hendricks Thomas & Rona Hendricks 91l S.W. 28th Street Request for 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 10 feet, and a rear yard setback of 15 feet. Maxime Ducoste-Amedee, Planner, stated that the City recommended denial of this variance request, on the grounds that there was no hardship according to the criteria set forth in the Land Development Regulations. Also, the applicant could effect the change he wanted without resorting to a variance. He was aware that doing so would entail extra expense on the part of the applicant. Thomas Hendricks, 9:L:L S.W. 28th Avenue, Boynton Beach, distributed an overview of his request to the Board. He explained that he and his wife had just purchased a home with two bedrooms in Chapel Hill and that they knew when they bought it that they would have to add a third bedroom. After purchasing the home, they discovered that the required rear yard setback was larger in Boynton Beach than in Delray Beach, from which they had just moved. The architect suggested a plan for the addition that encroaches ten feet into the required 25-foot setback. To add the room to any other part of the house would require eliminating one of the two bathrooms, tying into the roof structure, and would cost the applicant about $15K. He referred to a similar variance in the neighborhood that came before the City and was approved hast year. He had asked his neighbors on all sides if they would object to this addition, and all were comfortable with it. Mr. Ducoste-Amedee stated that staff had only received one letter from the neighbors and he gave this to the Recording Secretary for the record. The letter stated that the proposed addition would increase the value of Mr. Hendrick's home and be a credit to the neighborhood. Mr. Ducoste-Amedee projected the floor plan of the house on the wall and showed Mr. Hendricks where he could put the addition that would not encroach on the setback. Mr. Hendricks stated that to put the addition in the location proposed would eliminate half of the view from the Florida room, one of the most desirable features of the property. 4 Meeting Minutes Planning & Development Meeting Boynton Beach, Florida May 25, 2004 The Board discussion ensued. The majority opinion was that there was no hardship and that this was something that the Hendricks should have discovered before they purchased the home. The opinion was also set forth that many people were living within the bounds of the existing setbacks and that to grant this request would amount to conferring special privilege on the Hendr/cks. The general opinion was that it was the Board's job to see that the zoning codes were respected. Planning staff indicated that it had recommended denial of the variance that was requested in the Hendricks' neighborhood last year, although the Board and the Commission approved it. it was pointed out that if the Board denied it at this meeting, the Commission could still approve it. :It was also pointed out that staff had undertaken a review of the zoning and setbacks and it was possible that allowances could be made in certain circumstances. However, this review might not be completed until September of this year and it might not have a result that would allow this variance. Mr. Rodriguez asked if financial hardship was considered a hardship under the terms of the LDR, and the response was that it was not. Mr. Friedland felt that the Board had to use common sense, had some latitude, and should exercise it. Acting Chair Casa/ne opened the floor for the public to speak, and closed it when no one came forward to do so. 14orion Mr. Friedland moved to approve ZNCV 04-003, the request for 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-:I-AA zoning district, to allow for a variance of 10 feet, and a rear yard setback of 15 feet. Mr. Rodriguez seconded the motion that failed 4-2 (Mr. Fried/and and hlr. Rodriguez in favor.) The effect of this motion was to deny the variance request. B. Abandonment Project: Agent: Owner: Location: Description: Largo Po/rite (ABAN 04-00~.) Juan Perez, Moraitis, Cofar & Karney Phegley Corporation North side of Southwest :[9th approximately 800 feet east of Avenue Request for abandonment of the roadway portion of an unimproved roadway/utility easement Avenue, Congress 5 Meeting Minutes Planning & Development Meeting Boynton Beach, Florida May 25, 2004 Acting Chair Casaine read the description of the request for abandonment. He noted that there was no representation from the applicant and asked Attorney Tolces how this affected the hearing of the case. Attorney Tolces advised that there was no reason the case could not be heard. Maxime Ducoste-Amedee stated that staff recommended approval of this request for abandonment. That finding was based on staff's conclusion that the roadway easement serves no public purpose, and is subject to the comments included in Exhibit "C", Conditions of Approval. Acting Chair Casa/ne opened the floor for the pub/ic to speak on this item, and dosed it when no one came forward to do so. Mr. Fitzpatrick questioned whether the land would be suitable for a Greenways and bike path use. Mr. Ducoste-Amedee explained that the roadway easement was located within the property line of the applicant's property, not outside of it. The purpose was for vehicular egress and ingress and circulation throughout the project, when it was originally platted as Christian Villas. Mr. Fitzpatrick confirmed that this roadway easement was a carryover from the original plot plan of Christian Villas, which was only half-developed. Acting Chair Casaine asked Attorney Tolces whether the Board could act on this case without knowing whether the applicant would accept the Conditions of Approval. Attorney Tolces stated that if the Board agreed with the Conditions of Approval and found them reasonable, it had the right to impose those conditions. Motion Mr. Hay moved to approve the request for abandonment (ABAN 04-001) of the roadway portion of an unimproved roadway/utility easement, subject to all Conditions of Approval. Mr. Friedland seconded the motion that carried unanimously. Attorney Tolces commented that the approval was for the unimproved roadway easement and not the utility easement, which was still there. C. Master Plan Modification Project: Agent: Owner: Location: (~rove Plaza (MPMD 04-O0:L) Michael S. Weiner, Weiner & Aronson, P.A. Grove Plaza "D" LLC South side of Hypoluxo, east of Lawrence Road 6 Meeting Minutes Planning & Development Meeting Boynton Beach, Florida May 25, 2004 Description: Request for modification of the subdivision master plan to convert parcel "D" from a 9,000 square foot retail building to a 11,973 square foot retail building. Ed Breese stated that staff recommended approval of this request. He offered to answer any questions about the request. There were no Conditions of Approval. Francisco Perez, architect for the project 955 N.W. 17th Avenue, Delray Beach, came to the podium and offered to answer questions. Acting Chair Casa/ne opened the floor for the pub/lc to speak on this/tern, and dosed it when no one came forward to do so. There were no questions or comments from the Board. Motion Mr. Hay moved to approve Grove Plaza Master Plan Modification (MPMD 04-001), request for modification of the subdivision master plan to convert parcel "D' from a 9,000 square foot retail building to an 11,973 square foot retail building. Mr. Fitzpatrick seconded the motion that passed unanimously. D. New Site Plan Project: Agent: Owner: Location: Description: Grove Plaza Parcel "D" (NWSP 04-007) Michael S. Weiner, Weiner & Aronson, P.A. Grove Plaza "D" LLC South side of Hypoluxo, east of Lawrence Road Request for New Site Plan approval for an 11,973 square foot retail building on a 1.22- acre parcel in a C-3 zoning district. Ed Breese, Principal Planner, stated that staff recommended approval of this request, subject to 28 Conditions of Approval. Francisco Perez, architect for the project 955 N.W. 17m Avenue, Delray Beach, remained at the podium from the previous case. Acting Chair Casaine asked the petitioner if the applicant agreed with the Conditions of Approval or had any questions. Meeting Minutes Planning 8~ Development Meeting Boynton Beach, Florida May 25, 2004 Mr. Perez stated that the applicant was in agreement with all Conditions of Approval except he had a question on ]:tem 28 that called for all proposed flee-standing lighting structures to conform to the Design Guidelines for Grove Plaza. Since other parcels in Grove Plaza had different fixtures than the ones shown on the original master plan, they hoped to be able to match what was already installed. Ed Breese responded that the Board had recently approved a request from Auto Zone, another business going into Grove Plaza, and they had asked the same question. They ultimately agreed to the Condition and the City would like the Design Guidelines to be adhered to, regardless of what another business might have done in the area. Mr. Perez understood, and stated that they would adhere to the Design Guidelines. Acting Chair Casa/ne opened the floor to the public, and closed it when no one wished to speak. There were no questions or comments from the Board. Motion Mr. Friedland moved to approve Grove Plaza Parcel "D" (NWSP 04-007), request for New Site Plan approval for an 11,973 square foot retail building on a 1.22-acre parcel in a C-3 zoning district, subject to all Conditions of Approval. Mr. Hay seconded the motion that carried unanimously. E. Use Approval Project: Agent: Owner: Location: Description: (~uantum Park Use Approval (USAP 04-002) Iqedical Offices .]oni Brinkman, Winston Lee & Associates, Inc. Bocar Properties, ]:nc. Lot 3, Quantum Parka DR1 Request for Use Approval to include "Medical Offices" in the list of permitted uses on Lot 3 of the Quantum Park PID. Eric Johnson, Planner, stated that staff had determined that the requested "medical office" use would be consistent with the intent and purpose of the Office-]:ndustrial land use option of Lot 3 in the Quantum Park P]:D. Staff recommended approval of the request contingent upon meeting the conditions listed in Exhibit "C", Conditions of Approval. 8 Meeting Minutes Planning ~ Development Meeting Boynton Beach, Florida May 25, 2004 3oni Brinkman, Winston Lee & Associates, :[nc., came to the podium. She stated that they were in agreement with both conditions, but wanted to make a change to Condition of Approval #1. They proposed to add the words "or property owner's association" pertaining to the maintenance of the spreadsheet. The property owners' legal counsel is in the process of converting this project to condominiums and has been given this condition of approval to incorporate in those documents. Eric .lohnson, stated that staff was in agreement with this request. Acting Chair Casaine opened the floor to the public, and closed it when no one came forward to speak. There were no comments or questions from the Board. Motion Mr. Hay moved to approve USAP 04-002, request for Use Approval to include "Medical Offices" in the list of permitted uses on Lot 3 of the Quantum Park PID, subject to all Conditions of Approval. Mr. Fitzpatrick seconded the motion that carried unanimously. IX. Other None X. Comments by Members None X]:. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 7:45 p.m. Respectfully submitted, Susan Collins Recording Secretary (052604)