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Minutes 06-22-04MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 22, 2004 AT 6:30 P.M. Present Lee Wische, Chair Sergio Casaine, Jr., Vice Chair William Cwynar Woodrow Hay Jose Rodriguez Roger G. Saberson Mike Fitzpatrick, Voting Alternate Mike Pawelczyk, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Dick Hudson, Senior Planner Eric Johnson, Planner Absent Steve Myott Mike Friedland, Alternate 1. Pledge of Allegiance Chairman Wische called the meeting to order at 6:33 p.m. Mr. Mike Fitzpatrick led members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Wische introduced the Board Members and Assistant City Attorney, Mike Pawelczyk. Chairman Wische also introduced District 1 Commissioner Ensler. 3. Agenda Approval Motion Mr. Hay moved to approve the agenda. Motion seconded by Vice Chair Casaine and unanimously carried. 4. Approval of Minutes - May 25, 2004 Motion Mr. Hay moved to approve the minutes. Motion seconded by Vice Chair Casaine and unanimously carried. Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 Attorney Pawelczyk administered the oath to all persons who would be testifying. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the May 25, 2004 Planning and Development Board Meeting Agenda items Mr. Rumpf, Planning and Zoning Director, reported on the following items that appeared on the June 1,2004 City Commission agenda: The Hendricks rear yard setback variance was approved. The Master Plan Modification and the corresponding site plan for parcel D for Grove Plaza Project was approved. The Quantum Park Use Approval List was amended to allow medical offices on Lot 3. The Largo abandonment was approved. At the June 15, 2004 City Commission Meeting, the Largo abandonment was approved on first reading of the Ordinance. 6. Old Business None 7. New Business: A. Land Use Plan Amendment/Rezoninq Project: Agent: Owner: Location: Description: Boynton Village (LUAR 04-006) Ruden, McCIoskey, Smith, Schuster & Russell, P.A. Klatt Family Limited Partnership Between Congress Avenue and the LWDD E-4 Canal and south of the C-16 (Boynton Canal) Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban; and Request to rezone from R-l-AA single family residential to Suburban Mixed Use (SMU) Proposed use: Mixed-use development of _+81.814 acres containing retail, office and residential uses Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 Dick Hudson, Senior Planner, announced that there would be a Workshop on the Evaluation and Appraisal Report for the Comprehensive Plan with the Planning and Development Board at 6:30 p.m. in Commission Chambers on Tuesday, June 30th. Mr. Hudson presented the item on behalf of staff and reviewed the boundaries of the project. He explained that the first three items on the agenda are part of the large-scale amendment process, and the City is limited to adopting large-scale amendments twice yearly. After the hearing, the amendments are sent to the Department of Community Affairs (DCA) for approval. Their report is normally sent back to the City within 60 days. The City then has 60 days to either adopt the amendments as transmitted, or adopt with changes, or to determine not to adopt and to notify DCA of this decision. Chairman Wische pointed out that the City is compelled to adopt any DCA recommendations only if it were State law. All other recommendations by DCA are just recommendations, which was confirmed by Mr. Hudson. Staff recommends approval of the requested land use amendment and rezoning for the four reasons set forth in the Executive Summary of the staff report, which Mr. Hudson read into the record, a copy of which is on file in the City Clerk's Office. Chairman Wische next presented an overview of staff's recommendations that Mr. Hudson had read into the record. He pointed out that the parcels subject to this land use amendment total 81.81 acres. Due to the size of the property, the DCA classifies the amendment as a large-scale amendment. Following local Board review and City Commission public hearings, the large-scale amendment must be transmitted to DCA for review for compliance with State, regional and local comprehensive plans prior to adoption. Chairman Wische introduced Mayor Taylor in the audience. Chairman Wische opened the public hearing. He stressed that persons wishing to speak should limit their testimony to the Comprehensive Plan Future Land Use Amendment and Rezoning. No issues relating to a site plan are to be discussed. Rod Silverio, 10 Velaire Drive, Boynton Beach, lives across the street from the site. He inquired if there has been a traffic study on Old Boynton Road since the traffic is already very heavy on Old Boynton Road and Congress Avenue. He noted there is a sign at the corner alerting people that there have been seven major accidents at this corner. Mr. Silverio felt that the new development would greatly impact traffic. Mr. Hudson responded that a traffic study is not limited to one specific read; however, it looks at the impact a project would have upon the entire roadway network. The traffic analysis submitted by the applicant shows that the average daily trips generated by the 588 single-family residential units under the existing land use designation would be 4,116 daily trips. Under the proposed mixed-use designation, the average daily trips would equal 12,780, which is a net increase of 8,664 trips. As a result, this would cause Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 Gateway Boulevard and Old Boynton Road to drop from levels of service "D" to "E," if no improvements were made to these roadways. Congress Avenue, however, would continue to be a "D" roadway, which is the adopted level of service for Congress Avenue. The traffic impacts were evaluated in combination with the request for the adjacent property to the south for land use and rezoning. The applicant's traffic engineer stated that the proposed development would only meet the requirements of the traffic performance standards of Palm Beach County if phasing of the development is linked to the County's programmed roadway and intersection improvements in addition to those proposed by the traffic engineer. Many of the improvements, including the widening of Gateway Boulevard from four lanes to six lanes between Congress Avenue and High Ridge Road and the widening Old Boynton Road from two lanes to five lanes between Boynton Beach Boulevard and Congress Avenue, would require amendments to the Palm Beach County 5-year roadway program that encompasses the years 2003 to 2008. These improvements are planned after this 5-year program. There are rights-of- way for both of those improvements. Mr. Cwynar asked if the 5 lanes for Old Boynton Road are already in the County's plan. Mr. Hudson stated it is, but not within this 5-year program. Mr. Saberson felt that the traffic impact from the two projects would be huge. He noted that the two projects combined would have an increase of 14,000 trips per day and the traffic engineer for the project has indicated that currently they cannot meet concurrency. Therefore, Mr. Saberson questioned why staff did not wait to bring the project forward in the segment that would comply with concurrency and defer the remainder of the project that does not comply. Mr. Hudson noted that the applicant is being asked to phase the project tied to the improvements. Even though the project is not in the County's five-year plan, with an amendment to the plan, it could be moved up. Further, Mr. Hudson stated that approval of any future development increments would depend upon when the project could meet concurrency. Maida Daughtrey, 843 NW 11th Street, Sky Lake, lives east of the proposed project and has two concerns. Ms. Daughtrey was concerned with what would happen to Old Boynton Road and the traffic. She inquired if the Board's responsibility was to be concerned with what a developer might propose for Boynton Beach. Secondly, does the Board feel that it needs to approve it, even though the Board may be aware that there are no benefits to the City from a development or if the project would actually be a detriment? She asked if there were any benefits to this particular project. Also, she did not feel that this was a transition project from the single-family residences in Sky Lake and the mall across the street. Ms. Daughtrey alluded to the money that would be made from the project. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 At this point, Chairman Wische instructed the speaker to limit her remarks to the comprehensive plan. He further explained that the benefits of the project were not under consideration by the Board. The Board is being asked to approve or disapprove staff's recommendations. Ms. Daughtrey inquired if staff recommended a project is there a good chance that the project would be approved. Chairman Wische pointed out that there have been many occasions when the Board has voted against staff recommendations. Ms. Daughtrey inquired if the Board would be voting on the project tonight and Chairman Wische stated that the Board would be voting on the item. Patty Schultz, 1073 NW 11th Street, Sky Lake, lives directly east of the proposed project and said that she spoke with the Palm Beach County Traffic and Road Department last Friday. They informed her that the project was submitted to the City in two separate parcels; one was the Boynton Town Center and the other was the Boynton Village. The Palm Beach County Traffic and Road Department informed her that they sent a letter to the City stating that the County would not allow the developer to submit the projects separately because of the traffic issues. She also pointed out that there were seven serious accidents last month at Old Boynton Road and Congress Avenue. Ms. Schultz did not think widening Old Boynton Road would cut down on accidents. She felt that adding spin off roads would only create more traffic. She also questioned the compatibility of this project with the surrounding neighborhoods. Almost 50% of the boundaries of the project are single-family homes. Ms. Schultz read a quote by Commissioner Ensler that appeared in the March 26th edition of the Sun Sentinel that was from an article about Congress Middle School getting too close to the neighborhoods. It read, "1 am concerned that we don't interfere with the residents' lifestyle. No matter where we do development, we need to make sure that the edges of the two work together." She would like to know how the buildings of 35' to 50' along the boundaries of the development would be compatible with one-story homes. Mr. Hudson responded that the communication that he received from Palm Beach County Traffic Engineering does not deny the project. It states that "the combined impacts of the two projects need to be evaluated on the surrounding traffic network within the overall project radius of influence. Please combine the two projects and resubmit." Staff has requested that the applicant follow through on this request. Ms. Schultz further asserted that the County has not approved the traffic study for Renaissance Commons. Mr. Hudson responded that the traffic study for Renaissance Commons has been approved. He further explained that the County's role is to determine whether or not the project meets roadway concurrency. If it does not, the County has the opportunity during the evaluation period, after the project goes to DCA, to write their objections at Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 that time. He anticipates that this would all be worked out between the time the amendment is transmitted to DCA and the time it comes back for adoption in November. Ms. Schultz presented to the Recording Secretary a sketch of how she envisions the property being developed, a copy of which is on file in the City Clerk's Office. Jim Wilson, 1224 Isles Court, Boynton Beach, has lived in the City for 31 years. Mr. Wilson was in favor of widening the road to cut down on accidents and to expedite traffic. He also was in favor of installing a median strip down Old Boynton Road and he has spoken to other people who would also favor a median. Mr. Wilson also thought that when the new Haitian Church is built, this would result in more traffic. He heard that there would be several hundred people attending services. He thought that the overall plan was good, but he did not want to see a Target built on the corner of Boynton Beach Boulevard and Congress Avenue. Mr. Wilson thought that if a Target were built, this would increase the traffic by several thousand vehicles. Chairman Wische informed Mr. Wilson that this was not on the agenda tonight and he should limit his remarks to the issues presented. Further, Chairman Wische stated that he was unaware that Target would be moving to this development. Since no one else wished to speak, Chairman Wische closed the public hearing. Mr. Fitzpatrick noted that the staff report states that there is Iow demand for industrial zoned property in the City. He pointed out that there has been conversion of industrial land in the City for housing use and the City has lost industrial based property. Mr. Fitzpatrick pointed out that many residential units, including townhouses and condos, have been built on industrial land within the past few years, and he thinks that the units come to approximately 3,000. Mr. Fitzpatrick pointed out that the zoning for this land is currently medium density- residential. He thought that there was a great demand for medium density housing in the City. Mr. Hudson did not think there was that much demand for this type of housing. Mr. Fitzpatrick felt that if 775 houses were built on this land that they would sell immediately. Mr. Hudson further stated that if there was a big demand for this type of housing, someone would have come in and asked for it. Mr. Fitzpatrick asked what the traffic standards, "A", "B". "C", "D" and "E" stood for, noting that "D" was the standard. Mr. Hudson responded that it would depend upon the width of the read, the number of lanes and the amount of traffic that travels through it on an average daily basis. Mr. Fitzpatrick inquired if the "D' standard was considered "poor." Mr. Hudson did not have the definitions with him, but stated that "D" is the standard for most of the County roads. Mr. Fitzpatrick wanted to know why the roads were not rated "B' or "C" standard and Mr. Hudson stated he could not answer this because he was not here when the levels of service were set. Mr. Hudson stated that a traffic engineer could answer these questions for him. Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 Mr. Fitzpatrick inquired what "phased development" referred to. Mr. Hudson stated that phased development is one single development project and a certain amount of square feet could be built until something triggered to allow greater development on the parcel. Mr. Hudson gave an example of what could trigger further development of a phased project. Mr. Fitzpatrick inquired if the County roads were paid through the gasoline tax. Mr. Hudson stated that if a read were in a five-year program, the County would pay for the road. Vice Chair Casaine pointed out that if a citizen has questions regarding any development going up in the City, they are free to come to City Hall and speak with the Planning and Zoning staff to determine how a particular project might impact the traffic. Vice Chair Casaine further pointed out that when a person accepts membership on a City Board, that person makes a commitment to uphold the quality of life of the citizens of the City. This does not mean that the clock stops, all construction stops and there is no more progress in the City. He pointed out that Boynton Beach is growing and both staff and the Board members are aware of this. He noted that they are well aware of the accidents that occur in the City and they care about traffic. He urged any resident to come to City Hall and discuss with staff their concerns. Everything they do is in the open. He felt that developers do what is necessary to comply with the traffic designs to make it safe and this Board is committed to that. Mr. Rodriguez felt it was important that the members, as well as the residents, are informed what the traffic grades mean. He would also like to know what happens when a road goes from "D" to "E' and how this impacts the citizens. Chairman Wische requested that staff furnish the Board members with a definition of all the road grades. Mr. Fitzpatrick said that a staff member in Planning and Zoning this morning informed him that the County was going to reject the Winchester property traffic analysis for lack of data. He was informed that the County felt the traffic analysis submitted was incomplete and there were no long-range studies done. He also noted that the traffic analysis was not done in combination with Renaissance Commons. He would like the item tabled until the traffic analysis is completed. Mr. Hudson explained that Renaissance Commons is a separate project and has its own traffic impact analysis that has already been approved. Further, Mr. Fitzpatrick wrote a letter to staff today asking that they follow through on this. Mr. Hudson stated that they telephoned the County yesterday to determine why the County has not submitted anything and the County informed him that they have not had an opportunity to get to it. This morning the County called and informed him that they were going to request additional information, but they did not state anything would be rejected. Further, it is the responsibility of the applicant to provide the requested information. Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 Chairman Wische noted that the item could be tabled or the item could be approved contingent upon the traffic report. Mr. Saberson asked what benefit this project would be to the City. The land use category is 7.26 units per acre and this will be going to a land use category of 20 dua and for commercial/office to a floor area ratio of one. The number of residential units would go from 588 to 1,120 and 10,000 square feet of office and 149,000 square feet of commercial. He felt that the City Commission should be prepared to answer this question. He also recommended that the people residing in Sky Lake be informed what kind of protection would be provided that is built into mixed-use zoning, such as buffering, landscaping and distance requirements. Mr. Hudson responded that all this had been reviewed when the suburban mixed-use zoning code amendments were presented. He also pointed out that the E-4 Canal has a right-of-way of more than 100' in addition to the 25' wide buffer required around the perimeter of property, plus the setbacks of the single family homes in Sky Lake. Mr. Hudson invited Mr. Saberson to stop by his office and he would review this with him. Motion Vice Chair Casaine moved that the request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Mixed Use-Suburban; and the request to rezone from R-l-AA single family residential to Suburban Mixed Use. Proposed use: mixed use development of +81.814 acres containing retail, office and residential uses be approved, contingent upon the clarification of the traffic analysis that has to be completed. Motion seconded by Mr. Cwynar. Mr. Fitzpatrick inquired if the developer would be making a presentation. Chairman Wische did not think it was necessary since staff already made their recommendations. Mr. Fitzpatrick had some questions that he would like to ask the developer. Secondly, Mr. Fitzpatrick inquired who was standing before us? He had an article from the newspaper that states the land was sold from Winchester to Compson Associates, which is not the name on the agenda. He further inquired if Compson Associates was involved in the project at all. Chairman Wische noted that representatives from Compson Associates and the Winchester family were present and inquired who owns the property at this time. Jim Comparato of Compson Associates assumed the podium and stated that Mr. Winchester and his wife currently own the property. Mr. Comparato stated that he was a minority partner in the LLC that is the subject of tonight's presentation. This is a joint venture between the Sembler Company and a separate LLC of the Compson Group. Chairman Wische pointed out that the agenda indicates that the owner of the property is Klatt Family Limited Partnership. Mr. Fitzpatrick stated he was merely pointing out a Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 discrepancy between the agenda and the Palm Beach Post. Chairman Wische said that the members should not go by what is printed in the newspapers, but what staff presents. Mr. Hay called for a vote on the motion on the floor. Mr. Fitzpatrick felt that the information he was presenting was germane to the motion. He noted that when the Board heard the Renaissance Commons project, Steve Myott and Bill Cwynar recused themselves because they were doing work for Compson Associates. Mr. Fitzpatrick inquired if Mr. Cwynar would be recusing himself from voting on these items since it is the same developer. Mr. Cwynar responded that he is not employed by, nor is he doing any work for, Compson Associates. The work that he did in the past was completed and Mr. Cwynar did not feel that he had to recuse himself from voting on the item since the owner is the Klatt Family. Attorney Pawelczyk stated that if the applicant wanted to give a presentation, they should be afforded the opportunity to do so. Mr. Comparato responded that staff's presentation was sufficient and he had nothing further to add. Vote The Recording Secretary was requested to call the roll. The motion carried 6-1 (Mr. Fitzpatrick dissenting). Project: Agent: Owner: Location: Boynton Town Center (LUAR 04-007) Ruden, McCIoskey, Smith, Schuster & Russell, P.A. Klatt Family Limited Partnership Northeast corner of Congress Avenue and Old Boynton Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MoDR) to Local Retail Commercial; and Request to rezone from R-l-AA single family residential to C-3 Community Commercial Proposed use: Commercial retail development of _+_25.00 acres Dick Hudson, Senior Planner presented the item on behalf of staff and stated that the location of the project was at the intersection of Congress Avenue and Old Boynton Road. The property on the west side of the project is local retail/commercial; a portion Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 fronting on Congress Avenue at Old Boynton Road directly south of the property is local retail/commercial, and further east is high-density residential. Staff recommends approval of the requested land use amendment and rezoning for the following reasons: The proposed rezoning will relate to the adjacent three quadrants of the intersection of Congress Avenue and Old Boynton Road, whereas the existing designation for single-family residential development might be viewed as contrary to the established land use pattern in the area; There is a probable need for additional retail commercial development in the Congress Avenue corridor to balance the residential development proposed within the vicinity; and The proposed commercial development will have a positive effect on the economic development of the City; however staff recommends a condition that commercial development on the site be limited to 250,000 sq. ft. Mr. Hudson noted that the applicant has agreed to the 250,000 square feet limitation. Local retail/commercial allows a Floor Area Ratio (FAR) of 1.0 and if the project were developed at the full FAR it would provide over 540,000 square feet of retail/commercial. This would be classified as a development of regional impact and staff feels that this would be beyond the needs of the neighborhood. Chairman Wische noted that if the item is approved, staff is recommending that as a condition of approval the commercial development be limited to 250,000 square feet. Mr. Cwynar inquired if the applicant was in agreement with this and Mr. Hudson stated that they were since they have only asked for 250,000 square feet. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Chairman Wische asked the applicant if they agreed with staff. Mr. Comparato stated that they agreed with staff. Vice Chair Casaine wanted assurances that the traffic analysis has been addressed on this item and Mr. Hudson stated that it had been previously addressed. Vice Chair Casaine inquired if the project was contingent upon completion of the traffic analysis as in the previous item and Mr. Hudson stated that it would be. Mr. Fitzpatrick stated that he attended a meeting last Wednesday night with the new developers. They indicated that it was possible that there would be strip malls next to Target and he did not think this was an appropriate development in Boynton Beach. He was not in favor of having Target move to this location, which would leave a hole at Gateway that could devastate that entire shopping center. He further did not feel that this would be of any benefit to the City if this were approved. tO Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 Mr. Saberson asked if the applicant agreed with the 250,000 square foot limitation and Mr. Comparato stated that they did. Motion Vice Chair Casaine moved that the request to amend the Comprehensive Plan Future Land Use Map from Moderate Density Residential (MODR) to Local Retail Commercial; and the request to rezone from R-l-AA single family residential to C-3 Community Commercial. Proposed use: Commercial retail development of _+_25.00 acres be approved, contingent upon the final analysis of the traffic impact in order to make sure that it is in compliance. Motion seconded by Mr. Hay. Mr. Saberson requested that the motion be amended to include the limitation of 250,000 square feet. Vice Chair Casaine amended his motion to include this limitation and Mr. Hay agreed to the amendment. Mr. Fitzpatrick requested that the Recording Secretary call the roll. Vote The motion carried 6-1 (Mr. Fitzpatrick dissenting). B. Comprehensive Plan Text Amendment Project: Owner: Comprehensive Plan Text Amendments (CPTA 04- 002) Suburban Mixed Use City-initiated Description: Request to amend Policy 1.16.1 of the Future Land Use Element by adding a Mixed Use-Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development Dick Hudson, Senior Planner, presented the item on behalf of staff. When the City originally developed the suburban mixed-use zoning category, it was only applied to the DRI land use. It has since been determined that there are areas where this should be applied. Staff looked for another land use category and have added a mixed-use category entitled suburban mixed-use, which the Board is being asked to approve. To date, mixed use has only been used in redevelopment east of 1-95, but with the redevelopment of the Motorola site, the possibility exists that it could be used on this site as well, which is also a DRI. Mr. Hudson noted that at some point, some of the strip malls would become obsolete and this would provide an opportunity to redevelop those as well. This type of development offers the intemal recapture of trips; whereas the current developments require people to drive to shop elsewhere. Mixed-use development would provide amenities where people would not have to drive to shop. 1! Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 Mr. Hudson referred to the proposed text that would go into the Comprehensive Plan that is in staff's report. The new sections to be added are "underlined." It includes 20 dua and permits a floor area ratio of 1.0 to be considered. Land use ranges have been included that would permit residential between 30% to 70% and commercial (including office development) at 30% to 70%. Staff recommends approval. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Fitzpatrick asked what the difference was between "urban" and suburban." Mr. Hudson stated that it was the intensity with which it is developed. Mr. Fitzpatrick inquired when 20 dua became a standard for suburban development. Mr. Hudson responded that staff feels that this is a maximum that it could go to. Further, Mr. Hudson noted that density is relative and in some areas 150 units per acre is high density, whereas others may say 10 units is high density. He felt that it would depend upon the character of the community. Mr. Fitzpatrick inquired if there was a definitive characterization of "suburban." Mr. Hudson stated that suburban is usually Iow density, single-use development spread over large areas of land (sprawl). Mr. Fitzpatrick felt that the item presented does not meet the definition of suburban and that it should be called something else, rather than "suburban." Chairman Wische noted that Mr. Fitzpatrick should have brought these questions to staff previously and not cross-examine staff during the hearing. Chairman Wische felt that Mr. Fitzpatrick's questions had nothing to do with what is before the Board, which Mr. Fitzpatrick disagreed with. Mr. Rumpf, Planning and Zoning Director, stated that these definitions are from old theories. He explained that there are suburban and rural categories that covered vast portions of a scale that could be made up of varying densities in each of those categories. He confirmed what Mr. Hudson had stated that there is no definition of densities and it is relative. Mr. Fitzpatrick stated that there was no greenspace included in the definition. Mr. Rumpf responded that the open spaces are more specifically defined in the zoning regulations. Mr. Fitzpatrick thought that if this definition were accepted, it could be used to convert private city golf courses into developments. Chairman Wische informed Mr. Fitzpatrick that he was asking hypothetical questions that did not apply to the item being heard by the Board. Chairman Wische declared that Mr. Fitzpatrick out of order and called for a motion. Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 Motion Mr. Hay moved that the request to amend Policy 1.16.1 of the future Land Use Element by adding a Mixed Use-Suburban land use category, providing for consistent zoning districts, allowed uses, density and intensity of development be approved. Motion seconded by Mr. Cwynar. Mr. Fitzpatrick requested that the Recording Secretary call the roll. Vote Motion carried 6-1 (Mr. Fitzpatrick dissenting). 2. Project Owner: Comprehensive Plan Text Amendments (CPTA 04- 004) Figure 4-Functional Classification of Roadway Map City initiated Description: Request to update Transportation Element Data & Analysis Figure 4 (Functional Classification of Roadways Map) by adding two roadway segments classified as Local Collectors Mr. Hudson reported that the item was moved to the Community Redevelopment Agency since it only affects roadways within their jurisdiction. C. Use Approval Project: Agent: Owner: Location: Boynton Commerce Center Lot 3B (SAP 04-003) Joni Brinkman, AICP Nayrot Realty, Inc. South of Woolbright Road and West of 1-95 Description: Request for use approval for dance instruction on Lot 3B only Joni Brinkman, Winston Lee & Associates, 1532 Old Okeechobee Road, West Palm Beach, assumed the podium. Chairman Wische noted that there were two staff comments and asked the applicant if she agreed with them. Ms. Brinkman responded that they agree with the comments, but requested a point of clarification on staff comment #2. Ms. Brinkman noted that it states the parking space calculation was based upon 200 square feet of gross floor area and it should read "ground floor gross area," since the approved site plan allows the applicant to calculate the mezzanine space as well. Eric Johnson, Planner, noted that industrial projects have parking requirements based upon gross floor area, whereas retail is commonly based upon leasable floor area. Staff Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22, 2004 wanted to avoid confusion and therefore asked that parking be based upon gross floor area. Staff does not have a problem accommodating Ms. Brinkman's request to change this to "ground floor gross area," since inclusion of any mezzanine area had already been approved. Mr. Johnson stated staff is recommending approval. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Ms. Brinkman requested that the condition be revised to state "gross ground floor area." Motion Mr. Cwynar moved that the request for use approval for dance instruction on Lot 3B only be approved, subject to staff conditions and with the change to condition #2 to read "gross ground floor area." Motion seconded by Mr. Hay and unanimously carried. D. Code Review Project: Agent: Owner: Location: Auto Repair in Commercial Master Plans (CDRV 04-004) (C-3 Zoning District) Michael S. Weiner, Weiner & Aronson, P.A. Walter H. Janke and Grove Plaza C, LLC Southeast corner of Lawrence Road and Hypoluxo Road Description: Request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in standalone buildings within commercial master plans in the C-3 zoning district Attorney Michael Weiner, 102 N. Swinton Avenue, Delray Beach, was present on behalf of the owner. Attorney Weiner stated that they are requesting a change to the City's zoning code to allow minor automotive repair. He noted that minor automotive repair has been restricted in Boynton Beach since the Code was written a long time ago, which does not allow oil changes, tire repair and minor repairs. Attorney Weiner would like to have these types of consumer oriented services allowed in more convenient locations. Attorney Weiner also pointed out that minor auto repairs are conditional uses. He felt that if the text amendment was approved, (1) it would allow for greater public convenience; (2) it would be in response to changes in the way people now purchase the service of automotive repairs; (3) it would not change the safeguards that the City already has with respect to automotive repair; (4) staff agrees with the applicant; and (5) staff thinks it would be an improvement to the Code. Mr. Weiner respectfully requested that the Board approve the request and recommend approval to the City Commission. ]4 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 Chairman Wische asked Attorney Weiner if he agreed that this would not be located between a principal building and the adjoining right-of-way, or abutting residential areas, which Attorney Weiner stated was correct. Eric Johnson, Planner, explained that minor automotive repair uses are permitted uses in the M-1 zoning district and in some planned commercial developments. This use is not permitted in C-3 zoning districts. The use is allowed as a conditional use in shopping centers or projects that are greater than five acres, but less than 75 acres. When staff reviewed the request, they wanted to make sure that the necessary safeguards were put in place. Staff wanted to avoid having Wendy's and other out parcels of shopping centers being converted to Jiffy Lubes. With the language contained on Page 5 of staff's report, minor repair establishments could not be located between a principal building and a right of way. Also, staff wanted to protect the residential communities that abut these shopping centers. If a minor automotive repair use was to locate in one of these shopping centers, it should not be located between the principal building and the shopping center. The request is acceptable to staff, contingent upon staff's proposed language. Therefore, staff is recommending approval. Chairman Wische noted that Attorney Weiner agreed with the language contained on page 5 of staff's report. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Fitzpatrick inquired what the definition was of "minor repair." Chairman Wische pointed out that this is also included in staff's report. Motion Mr. Fitzpatrick moved to approve the request to amend the Land Development Regulations, Chapter 2, Zoning, Section 6.C to allow minor auto repair as conditional uses in standalone buildings within commercial master plans in the C-3 zoning district. Motion seconded by Mr. Hay and unanimously carried. Mr. Johnson inquired if the recommendation for approval was based upon the language proposed by staff and members agreed that it was. E. Site Plan Time Extension Project: Agent: Owner: Location: New Haitian Alliance Church (SPTE 04-005) Rev. Dieugrand Jacques New Haitian Alliance Church 440 Hoadley Road Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 Description: Request for a one (1) year time extension of the site plan approval granted on June 3, 2003 from June 3, 2004 to June 3, 2005 Reverend Dieugrand Jacques, 5341 Deland Circle, Boynton Beach, Senior Pastor for the New Haitian Alliance Church, stated they were requesting the time extension because when they submitted their plans, they were not accepted by permitting. The permitting division was requiring that they submit plans for the road first, which now requires that they go back to the architect to come up with a new set of plans. Also, they have to refinance the project because they need an additional $200,000 for the read. He pointed out that the plans were submitted on time, but were not accepted. Chairman Wische asked Rev. Jacques if they were granted the one-year extension, would the church be completed and Rev. Jacques stated that it would be completed within that time. Mr. Fitzpatrick asked staff if the details for the road improvements have been worked out. Mr. Rumpf responded that exactly what was required was very clear upon approval. Vice Chair Casaine noted that there were two staff comments. Staff comment #1 dealt with Code Section 26-34(E) regarding payment of the capacity reservation fee and comment #2 dealt with submittal of a revised traffic impact statement prior to issuance of a permit. Vice Chair Casaine asked Rev. Jacques if he agreed with these comments. Rev. Jacques stated that he was not aware of these comments. For the record, Mr. Rumpf read the conditions as follows: Comment #1 is a standard requirement of the Utilities Department that requires a utility reservation fee be paid within 30 days of site plan approval. This condition was on the original approval. Mr. Rumpf did not think that this fee had been paid. Comment #2 is an additional standard comment that requires that the traffic data be updated since there will now be a revised build out date. Chairman Wische asked Rev. Jacques if he understood these two comments and he stated that he did understand the comments and agreed with them. Chairman Wische opened the public hearing. Rod Silverio, 10 Velaire Drive, Boynton Beach asked if approval of the site plan extension for the New Haitian Alliance Church could be conditional upon the traffic study that is being done for Old Boynton Road for the previous projects since the Church is in the same location. Mr. Rumpf acknowledged that people attending Church would use the same roadway and generate additional traffic, but when the County reviews the site plan for concurrency, it looks at the p.m. peak hour traffic. Since the Church's traffic would most Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 likely be on Sunday morning, he did not think it would have an effect upon the other traffic studies. Mr. Silverio said that he understood that there would be activities every day at the Church, including a daycare center. Mr. Rumpf pointed out that there is no daycare approved for this project that would require conditional use. Chairman Wische closed the public hearing. Mr. Rodriguez inquired why the applicant had not met condition #1 that was due upon 30 days of site plan approval and what recourse does the City have. Mr. Rumpf stated that the Utilities Department is recommending that both periods be paid for; i.e. that the fee be paid for the expired time and the fee for the extension period as well. Mr. Hay asked the applicant if he understood what was just discussed. Mr. Rumpf explained that the utility reservation fee would be for two different periods of time. Chairman Wische inquired how much the reservation was and Mr. Rumpf was not sure, but thought it was nominal for non-residential uses. Chairman Wische asked Rev. Jacques if he understood this and he stated that he did. Motion Mr. Hay moved that the request for a one (1) year time extension of the site plan approval granted on June 3, 2003, from June 3, 2004 to June 3, 2005 be approved, subject to staff conditions. Motion seconded by Vice Chair Casaine and unanimously carried. 8. Other Chairman Wische announced that there would be a workshop on June 30th at 6:30 in Commission Chambers. 9. Comments by members Mr. Hay inquired why the applicant in the previous item was not made aware of those conditions. Mr. Rumpf explained that the applicant is given a notice of the meeting with a statement on it that if they desired to review any of the material included in the agenda backup, to contact staff. Therefore, if an applicant does not request the backup material, they would not know of the conditions. Mr. Fitzpatrick distributed a chart of the County's 2003 millage rates. He pointed out that Bdny Breezes has the lowest millage rate in the County that he equated to no growth equals Iow taxes. With regard to developers not wanting to build single-family homes in Boynton Beach, Mr. Fitzpatrick presented a copy of a ballot question that appeared on the ballot in Boca ]7 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 22,2004 Raton in 1972 asking people whether they wanted to limit the total number of dwellings to 40,000. The day after it passed, the City Commission declared a 45-day moratorium. The developers eventually sued and prevailed; thus, the amendment was never implemented. Also, Mr. Fitzpatrick felt that developers were successful in building multi-families in Boynton Beach because they can get what they ask for. He further felt that ever since the Tradewinds suit, the City is afraid to say no to developers. Boynton Beach has 5,000 mom multi-family units than any other municipality in South County, which Mr. Fitzpatrick felt was a detriment to Boynton Beach. Chairman Wische asked Mr. Fitzpatrick how many units there are today in Boca Raton and Mr. Fitzpatrick said he did not know. 10. Adjournment Them being no further business, the meeting properly adjourned at 8:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (June 23, 2004) tS