Meeting 08-24-04MINUTES OF THE REGULAR MEETTNG OF THE PLANNTNG AND DEVELOPMENT
BOARD MEETTNG HELD IN COMM'rSSZON CHAMBERS,
CITY HALL, BOYTON BEACH, FLORZDA,
ON TUESDAY, AUGUST 24, 2004 AT 6:30 P.M.
Present
Lee WJsche, Chair
Sergio Casaine, Vice Chair
William Cwynar
Mike Friedland
Woodrow Hay
Jose Rodriguez
Roger G. Saberson
Nike Fitzpatrick, Alternate
Shirley 3askiewicz, Alternate
David Tolces, Assistant City Attorney
Michael Rumpf, Planning & Zoning Director
Ed Breese, Principal Planner
Eric Johnson, Planner
T. Call to Order and Pledge of Allegiance
Chair Wische called the meeting to order at 6:30 p.m. The Pledge of Allegiance to the
Flag was recited, led by Mr. Cwynar.
tZ. Tntroduction of the Board
Chair Wische introduced the Board members, Assistant City Attorney Tolces, and City
staff. Chair Wische welcomed the new Alternate, Ms. Shirley 3askiewicz.
III. Agenda Approval
There were no changes, additions, or deletions to the Agenda.
Motion
Mr. Cwynar moved to approve the agenda as presented.
that passed 7-0.
Mr. Hay seconded the motion
IV. Minutes Approval
Motion
Mr. Cwynar moved to approve the minutes of July 27, 2004 as presented.
seconded the motion that passed 7-0.
Mr. Hay
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 24, 2004
V. Communications & Announcements
A. Planning and Zoning Report
Final disposition of the July 27, 2004 Planning and Development
Board meeting agenda items.
Mike Rumpf, Planning & Zoning Director, gave the following update of action taken by
the City Commission at its August 3, 2004 meeting:
Non-residential uses in single-family zoning districts was approved.
Boynton Commerce Center Lot 3B, use approval was approved.
Boynton Beach Memorial Chapel expansion was approved.
Renaissance Commons Site Plans (2) for conditional use were approved.
Boynton Lakes abandonment was approved.
The text amendment for the Grove Plaza project was approved.
Old Business
Assistant City Attorney Tolces swore in all the persons who expected to testify during
the proceedings.
VII. New Business
A. Development of Regional Tmpact Amendment
Project:
Agent:
Owner:
Location:
Description:
{~uantum Park NOPC #14 (DR:IA 04-001)
Eugene Gerlica, Quantum Group of Co.
MFT Development, [nc.
West side of Interstate :[-95, between Miner
Road and the Boynton (C-16) Canal
Request for Development of Regional :[mpact
Amendment (DR:[A) to create the new land use
option "Tndustrial with Retail Sales" (:[nd/R), to
add this use option to Lots 17, 21, 50A and 52
and to re-designate Lots 81 and 82 to
"Governmental & :[nstitutional"
Eugene Gerlica, (~uantum Group of Co., Port St. Lucie, Florida, stated that all
three staff conditions of approval were acceptable.
Ed Breese, Principal Planner, stated that he had nothing to add to the staff comments.
2
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 24, 2004
Chair Wische opened the floor for the public to speak and closed it when no one came
forward to speak.
The Board did not have any comments or questions on this item.
Motion
Mr. Friedland moved to approve the Request for Development of Regional Impact
Amendment (DRIA) to create the new land use option "Industrial with Retail Sales"
(Tnd/R), to add this use option to Lots 17, 21, 50A and 52 and to re-designate Lots 81
and 82 to "Governmental & Institutional," subject to all staff conditions of approval. Mr.
Cwynar seconded the motion.
Attorney Tolces advised that the determination of substantial deviation should be
included in the motion. Chair Wische read from the staff report, "The proposed changes
delineated in Amendment #14 are determined not to be a substantial deviation per
Chapter 380.06 (19) of the Florida Statutes."
The motion passed 7-0.
B. Master Plan Modification
Project:
Agent:
Owner:
Location:
Description:
Quantum Park NOPC #14
(MPMD 04-005)
Eugene Gerlica, Quantum Group of Co.
MFT Development, Inc.
West side of Interstate 1-95, between Miner
Road and the Boynton (C-16) Canal
Request for Master Plan Modification approval
to add the "Office/Industrial with Retail Sales"
(OI & Ind/R) land use designation to Lots 17
21, 50A and 52 and to change the use
designation on Lots 81 and 82 to
"Governmental & Institutional" within the
Development of Regional Impact (DRI).
Eugene Gerlica, Quantum Group of Co., Port St. Lucie, Florida, stated that the
staff conditions of approval were acceptable.
Ed Breese, Principal Planner, offered to answer questions.
Mr. Saberson asked if the land use category within the DR! were specific to the DRI or
Citywide. Mr. Breese responded that they were specific to the DRI.
3
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 24, 2004
Chair Wische opened the floor for the public to speak and closed it when no one came
forward.
Chair Wische read from the staff report, "The proposed changes delineated in
Amendment #14 are determined not to be a substantial deviation per Chapter 380.06
(19) of the Florida Statutes."
Motion
Mr. Casaine moved to approve MPMD 04-005, the request for Master Plan Modification
approval to add the "Office/industrial & industrial with Retail Sales" (OT & :[nd/R) land
use designation to lots 17, 21, 50A and 52 and to change the use designation on lots 81
and 82 to "Governmental & :[nstitutional" within the Development of Regional :Impact
(DR:[), subject to all staff conditions of approval. Mr. Hay seconded the motion that
passed 7-0.
Project:
Agent:
Owner:
Location:
Description:
Citrus Glen (MPMD 04-003)
3ohn Schiavo
John and Marilyn Schiavo
South of Miner Road, east of Lawrence Road
Request for Master Plan Modification approval
to reduce the side yard setback for pool
construction on Lot 1.
3ohn and Marilyn Schiavo, 159 Executive Circle, Boynton Beach, stated that
they agreed with the one staff condition of approval.
Ed Breese, Principal Planner, stated that it was staff's opinion that this particular lot was
unique among its neighbors and deserving of the modification requested.
Chair Wische opened the floor for public comment.
Mike Fitzpatrick, 175 S.W. 2nd Street, Boynton Beach, Board Alternate, stated
that the pool was a standard pool and not a therapeutic one. Also, he asked how on-
site water retention would be handled. He felt that to grant this request would set a
bad precedent.
Mr. Saberson believed that this request was inconsistent with the setback requirements
called out in the ordinance granting the PUD in which this home resided.
Mike Rumpf, Planning & Zoning Director, stated that the Code allowed Master Plan
Modifications to be reviewed, subject to whether the change would be considered a
4
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 24, 2004
substantial one or not. Staff did not believe that this request constituted a substantial
change and they supported it.
Ed Breese, Principal Planner, commented that any drainage issues associated with the
permit would be reviewed and addressed at the time of permitting.
Chair Wische closed the floor for public comment.
Iqotion
Mr. Hay moved to approve MPMD 04-003, a request for Master Plan Modification
approval to reduce the side yard setback for pool construction on lot 1, subject to any
staff comments or conditions of approval. Mr. Cwynar seconded the motion that passed
7-0.
C. Use Approval
Project:
Agent:
Owner:
Location:
Description:
Quantum Park DR! (Lions Club) (USAP
04-006)
Aaron P. Bowles
Bocar Property, ]:nc.
2439 Quantum Boulevard, Lot 3, Quantum
Park
Request for Use Approval to add "Lions Club
Meeting Hall" to the list of permitted uses in
the Quantum Park
3eanne Heavilin, Sailfish Realty, 532 E. Ocean Avenue, Boynton Beach, agent
for the applicant, stated that the applicant agreed with all conditions of approval.
Ed Breese, Principal Planner, offered to answer questions but did not wish to add
anything to the staff report.
Chair Wische opened the floor for public comment and closed it when no one came
forward to speak.
I~lotion
Mr. Cwynar moved to approve USAP 04-006, request for use approval to add "Lions
Club Meeting Hall" to the list of permitted uses in the Quantum Park P]:D, subject to any
conditions of approval. Mr. Hay seconded the motion that passed 7-0.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 24, 2004
D. Major Site Plan Modification
Project:
Agent:
Owner:
Location:
Description:
Church of 3esus Christ of Latter Day
Saints (MSPM 04-002)
Franz Shropa, ATA
Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints
1480 Knuth Road
Request for Major Site Plan Modification
approval for the construction of a 5,004 square
foot addition to an existing place of worship on
a 4.26-acre site located in the Hamptons
Planned Unit Development (PUD) zoning
district.
Frank Shropa, Architect for the applicant, 300 N.W. 70th Avenue, Plantation,
stated that the applicant agreed with all 20 staff comments.
Eric Johnson, Planner, stated that he had nothing to add to the staff report and its
recommendation for approval.
Chair Wische opened the floor for public comment, and closed it when no one came
forward to speak.
Motion
Mr. Friedland moved to approve MSPM 04-002, request for Major Site Plan Modification
approval for the construction of a 5,004 square foot addition to an existing place of
worship on a 4.26-acre site located in the Hamptons Planned Unit Development (PUD)
zoning district, subject to all staff conditions and comments. Mr. Hay seconded the
motion that passed 7-0.
E. Code Review
Project:
Agent:
Location:
Description:
Car Rental (CDRV 04-006)
Michael A. Rodriguez, Sachs, Sax & Klein
Citywide
Request to amend Chapter 2, Zoning, Section
6.C, with the addition of supplemental
regulations to include automobile rental as a
conditional use on sites zoned C-3 and greater
than 75 acres.
6
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
August 24, 2004
Michael Rodriguez, Sachs, Sax & Klein, attorney for the applicant, stated that
the applicant agreed with all conditions of approval.
Eric .lohnson, Planner, stated that there was an error on page 4 of the Staff Report item
(3) (ii) and it should read as follows: "No more than twelve (:[2) automobiles shall be
stored on-site for the purpose of rental. Said automobiles shall be stored in marked
stalls."
Mr. Rodriguez responded that this was acceptable to the applicant.
Chair Wische opened the floor for public comment and closed it when no one wished to
speak.
Motion
Mr. Cwynar moved to approve CDRV 04-006), request to amend Chapter 2, Zoning,
Section 6.C with the addition of supplemental regulations to include automobile rental
as a conditional use on sites zoned C-3 and greater than 75 acres. Mr. Hay seconded
the motion that carried 7-0, subject to all staff conditions of approval.
VIII. Other
Mr. Hay asked the Planning & Zoning staff if they would revert to their former practice
in the staff report of "Staff recommends," rather than "TRC recommends." Mr. Rumpf
and staff nodded agreement.
IX. Comments by Visitors
X. Adjournment
Since there was no further business before the Board, the meeting was duly adjourned
at 6:57 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(082504)
7