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Minutes 08-24-04MZNUTES OF THE REGULAR MEETIING OF THE PLANNZNG AND DEVELOPMENT BOARD MEETZNG HELD TN COMMTSSTON CHAMBERS, CTTY HALL, BOYTON BEACH~ FLORTDA, ON TUESDAY, AUGUST 24, 2004 AT 6:30 P.M. Present Lee Wische, Chair Sergio Casaine, Vice Chair William Cwynar Mike Friedland Woodrow Hay .lose Rodriguez Roger G. Saberson Mike Fitzpatrick, Alternate Shirley .laskiewicz, Alternate David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Ed Breese, Principal Planner Eric .lohnson, Planner 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 IVlr. Cwynar. TX. 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 .laskiewicz. ][T. 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 TV. Minutes Approval Motion Mr. Cwynar moved to approve the minutes of.luly 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. Hike 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. New Business A. Development of Regional Impact Amendment Project: Agent: Owner: Location: Description: Quantum Park NOPC #14 (DR:iA 04-001) Eugene Gerlica, Quantum Group of Co. IVlIT Development, Inc. West side of Interstate 1-95, between Miner Road and the Boynton (C-Z6) Canal Request for Development of Regional Tmpact Amendment (DRIA) to create the new land use option "]~ndustrial with Retail Sales" (1nd/R), to add this use option to Lots 17, 21, 50A and 52 and to re-designate Lots 81 and 82 to "Governmental & Institutional" Eugene Gerlica, Quantum 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 l~mpact Amendment (DRTA) 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 & Tnstitutional," 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. MFI' Development, Thc. West side of Tnterstate !-95, between Miner Road and the Boynton (C-16) Canal Request for Master Plan Modification approval to add the "Office/Tndustrial with Retail Sales" (O! & !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!). 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 DR! or Citywide. Mr. Breese responded that they were specific to the DR!. 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" (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), 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) John 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. .lohn 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 Oho 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. Motion Mr. Hay moved to approve MPIVID 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: (~uantum Park DRT (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 P]:D. .~eanne 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. Motion 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 PID, subject to any conditions of approval. Mr. Hay seconded the motion that passed 7-0. 5 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, A]~A 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 Johnson, 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 (:12) 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)