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Minutes 02-10-98 /' 1) I +' r !' ':-ðt)'( 1~..I\'e('<_ .~1 ;-c Ie. (.J R I~Yí)AL (:,ntJJJt)T ß~. LOCHr-tel. , 8··2'3 -C C¡ ~1' PLANNING AND DEVELOPMENT BOARD MEETING P D ¡¡:~. ~P,~" ·r· ''\ ~ . """8 :azf ~'~~~ j ¥' ,j"f 4! '~Jj j:,aw> <~ ø.> . -, .... ~ 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 9 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 9 - 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. 9 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 9 - . 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. 9 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. 9 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. 9