Minutes 02-10-98
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PLANNING AND DEVELOPMENT BOARD MEETING
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PRESENT
Lee Wische, Chairman Tambri Heyden, Planning & Zoning Director
Jim Reed, Vice Chairman Michael Pawelczyk, Assistant City Attorney
Stan Dubé
Mike Friedland
Maurice Rosenstock
Steve Myott, Alternate
Jos éAguila
ABSENT
Pat Frazier
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:05 PM. The Plødge of Allegiance to
the Flag was recited.
2. INTRODUCTION OF STATE REPRESENTATIVE AND DIRECTOR OF
DEVELOPMENT FROM AUDIENCE.
Chairman Wische introduced the members of the board, Attorney Pawelczyk and the
Recording Secretary, and acknowledged the presence of StatE~ Representative Bill
Andrews and Director Kastarlak in the audience. (Mayor and Mrs. Taylor arrived
approximately 7:20 and were acknowledged by Chairman Wische.)
3. AGENDA APPROVAL
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PLANNING AND DEVElOPMENT BOARD MEETING
No additions, deletions, or corrections were made to the agenda.
Motion
Mr. Dub émoved to approve the agenda as submitted. Mr. Aguila seconded the motion,
which carried unanimously.
4. APPROVAL OF MINUTES
No additions, deletions, or corrections were made to the minutes of the last meeting.
Motion
Mr. Dubé moved to approve the minutes of the January 27, 1998 meeting as submitted.
Mr. Myott seconded the motion, which carried unanimously.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. Planning and Zoning Report
Ms. Heyden reported the following: Two of the five items from last meeting have gone
through the City Commission process; the other three will be going Tuesday night.
The two that have been finalized are the Shoppes of Woolbright PCD Master Plan
Modification and Shoppes of Woolbright - Home Depot Expo Design Center. Both were
approve by City Commission subject to comments from this Board. Ms. Heyden
reminded the board of various issues that had been previously discussed such as
replatting, PCD subdividion, etc. In further discussions with the applicant, exact
information on subdividing this property was achieved. They will be combining the
Home Depot parcel with the Expo Design Center. Regarding the control issues, staff is
requiring revised control documents (how to maintain building, design standards, etc.).
B. Rescheduled Meeting Date.
Ms. Heyden announced that the March meeting will be held on Wednesday,
March-11 ,-1998 in West Wing, Conference Room C.
Ms. Heyden had distributed handouts to the Board, including the agenda for special
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PLANNING AND DEVElOPMENT BOARD MEETING
meeting on Thursday (workshop). She encouraged Board members to attend this
meeting.
Mr. Rosenstock suggested in the future that when regular meeting dates need to be
changed that Ms. Heyden consult with members of the Board to ascertain their
availability.
6. OLD BUSINESS
None
7. NEW BUSINESS
A. PUBLIC HEARING
Zoning Code Variance
Owner: Boynton JCP Associates, Ltd.
Location: 301 N. Congress Avenue
Description: Request for a zoning code variance to reduce the number of
required parking spaces from 6,195 to 5,553 (a ratio of one (1)
(1) space per 222.225 square feet of gross leasable floor space in
connection with construction of department store "F" (proposed
Dillards)).
At this time, Attorney Pawelczyk swore in all those who planned to testify on any item
on the agenda this evening.
Chairman Wische opened the public hearing.
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PLANNING AND DEVELOPMENT BOARD MEETING
Mr. Tom Sliney, Attorney for the owner of the Boynton Beach Mall addressed the Board
and reiterated the request for a zoning code variance as detailed above. He reminded
the Board that the City Commission had previously approved the development plan for
the remaining department stores at the mall, including the parking garage. He
introduced members of the audience who were connected with the development, and
detailed some reasons the applicant was requesting the variance and why it should be
approved. He said the main reason was that the parking garage would not be needed
and there was plenty of parking spaces, and that the existing ratio of 1 :200 was an
excessive requirement for a mall of this size. He also mentioned economic benefits
connected with the new Dillards, including assessed valuation and city sales tax. He
said the owner would not want to make it difficult for people to park.
Mr. Sliney complimented and thanked the city staff for their help and assistance on this
project. Mr.- Sliney then introduced Mr. Timothy Daley, 7908 Westfield Boulevard,
Indianapolis, IN who showed pictures of the proposed Dillard's Department Store and
the proposed parking area. He explained how the proposed parking area would be
constructed, and that there would be ample parking available. He presented
background information on Dillards and how the proposed store would enhance the
Mall.
At this point, Chairman Wische introduced Mayor and Mrs. Taylor.
Mr. Daley then introduced Mr. Tom Marsikano, of Tampa Florida, Planner. He
mentioned his association with the Boynton Beach Mall. He spoke about how other
parking areas in Florida have been evolving over the years, and how today's standards
are different.
Chairman Wische then invited the public to address the Board.
Mr. Frank Vito, 3545 Old Boynton Road expressed his concerns about losing more
property space, and off-street parking. Mr. Aguila explained that the term "off-street
parking" as mentioned in a letter Mr. Vito had received was confusing, and that it
referred to a chapter. The Board assured Mr. Vito that no off-street parking was
involved with this project.
There being no other persons from the audience who wished to address the Board,
Chairman Wische closed the public hearing, and opened the meeting to comments from
the Board.
Mr. Dub éasked how other retail stores felt about the reduction in parking space. Mr.
Daley replied that they were in the process of modifying the REA, and were in contact
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PLANNING AND DEVELOPMENT BOARD MEETING
with the other stores in order to come to an agreement with them.
Mr. Freidland referred to page 12 of the handout, and mentioned that he saw no
problem with the project and that he would endorse it. Mr. Reed agreed, but was
concerned about the zoning codes. Chairman Wische read page 3 of the handout, and
a brief discussion was held with further input from the previous speakers.
Mr. Myott asked about further expansion and proposed renovation of the malt. Mr.
Daly mentioned the mall would undergo renovations in 1999, and detailed some of
them for the Board. He also mentioned that Macy's has the legal right to expand to a
third level, and that the parking variance will cover the expansion should it occur.
MOTION
Mr. Dubé moved to approve the request for a zoning code variance to reduce the
number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) space per
200 square feet of gross leasable floor space to one (1) space per 222.225 square feet
of gross leasable floor space in connection with construction of department store "F"
(proposed Dillards)). (A brief discussion was held on the motion regarding zoning
codes, but no amendment was added to this motion). Mr. Aguila seconded the motion,
which carried unanimously.
B. SITE PLANS
New Site Plan
Owner: Norman J. Michael, Milor Corporation
Location: Southwest corner of SW 13th Street and Golf Road
Description:
living facility on 4.69 acre parcel of land.
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PLANNING AND DEVElOPMENT BOARD MEETING
Mr. Gregory Miklos, Applicant, Miklos & Associates, 2263 NW Boynton Boulevard
addressed the Board. Chairman Wische asked Mr. Miklos which staff comments he
was in agreement with, and which ones he needed to clarify or discuss. In regards to
Item #21, Mr. Miklos asked if the city wanted them to finish paving the cul-de-sac.
Ms.-Heyden answered yes, that it was a city requirement that any unimproved street
abutting property being developed must be completed (swale installed, sodded and
paved). Mr. Miklos agreed to comply.
Mr. Miklos then asked, in regards to Item #23 mentioned in a prior meeting that he
believed it was agreed that he wasn't going to stripe the road, but paint the curb in lieu
of striping. Ms. Heyden agreed.
In regards to #45, Mr. Miklos said he would provide colored elevations of all sides of
buildings as stipulated.
Chairman Wische opened the public hearing at this time. Mr. Peter Ryland of 1311
SW-29 Avenue addressed the Board. He was concerned about the proposed building,
and felt it was very large in comparison to the surrounding area. Mr. Ryland explained
that an objection was voiced along with a group of petitioners who stated that this
proposed building was not an ACLF. He also spoke of the usage that included higher
levels of nursing and staffing, medical waste pickups etc. He was also concerned
about potential trucks and noise on the peripheral road along the canal. He also
mentioned objections to fencing. Chairman Wische thanked Mr. Ryland for his
comments and closed the public hearing.
The Board spoke briefly about various issues, including the fact that the facility was in
fact an ACLF, and that nothing that had already been proposed and agreed upon was
being changed. Mr. Aguila said he felt residents would be better protected by a solid
wall. The applicant had agreed to all court ordered recommendations.
MOTION
Mr. Aguila moved to approve the request for site plan approval to construct a 105 bed
assisted living facility on 4.69 acre parcel of land on the Southwest corner of SW 13th
Street and Golf Road, including the revised comment #45 and with the clarification on
comment #23 instead of the yellow diagonal striping with the words "Emergency
Vehicles Only" in the loading zone area, that the applicant would provide a painted curb
and appropriate signs. Mr. Dub éseconded the motion, which carried unanimously.
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PLANNING AND DEVElOPMENT BOARD MEETING
8. OTHER
None.
9. COMMENTS BY MEMBERS
None.
10. ADJOURNMENT
There being no further business to come before the Board, Mr. Rosenstock moved to
adjourn the meeting at 7:45 PM. Mr. Friedland seconded the motion which carried
unanimously.
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