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Minutes 10-26-04MTNUTES OF THE REGULAR MEETZNG OF THE PLANNIING AND DEVELOPMENT BOARD HELD TN COMMTSSTON CHAMBERS, CTTY HALL, BOYNTON BEACH, FLORZDA, ON TUESDAY, OCTOBER 26, 2004 AT 6:30 P.M. Present Lee Wische, Chair William Cwynar Woodrow Hay ,]ose Rodriguez Roger G. Saberson Shirley _]askiewicz, Alternate Mike Fitzpatrick, Alternate David Tolces, Assistant City Attorney Ed Breese, Principal Planner Eric .lohnson, Planner Absent Sergio Casaine, Vice Chair T. Call to Order and Pledge of Allegiance Chair Wische called the meeting to order at 6:32 p.m. The Pledge of Allegiance to the Flag was recited, led by Mr. Cwynar. Introduction of the Board None, III. Agenda Approval There were no changes, additions, or deletions to the Agenda. Motion Mr. Hay moved to approve the agenda as presented. motion that passed 7-0. Ms. ]askiewicz seconded the TV. Minutes Approval Motion Mr. Hay moved to approve the minutes of September 27, 2004 as presented. Rodriguez seconded the motion that passed 7-0. Mr. Meeting Minutes Planning and Development Board Boynton Beach, Florida October 26, 2004 V. Communications & Announcements Mr. Friedland thanked all the Board members for the experiences he had serving as a member of this Board. He formally announced his retirement from the Board effective this meeting. A. Planning and Zoning Report Final disposition of the .luly 27, 2004 Planning and Development Board meeting agenda items. Ed Breese, Principal Planner, gave the following update of action taken by the City Commission at its October 19, 2004 meeting: 1) The Ward Variance, Ed Carey Design Site Plan Time Extension, Quantum Park NOPC No. 14, and the Venetian Villas Plat were approved. 2) On 2® readings of ordinances, they approved the Car Rental Code Review and Boynton Mango Land Use and Rezoning. VII Old Business None. VII. New Business Attorney Tolces swore in all the persons who expected to testify during the proceedings. He clarified that although representatives from an organization on the agenda were not present, the Board may still consider the case based upon the materials presented with the agenda. A. Site Plan Time Extension Project: Agent: Owner: Location: Description: Berry Veal (SPTE 04-009) Alan Gioia, Berry Veal Corporation Berry Veal 1421 Neptune Drive Request for one (1) year time extension of the site plan approval granted on August 3, 2003, from August 3, 2004 to August 3, 2005 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 26, 2004 Mr. Johnson, Planner, stated that Staff recommends approval of the one-year time extension, pending conditions of approval as stated in the initial development order and an updated traffic concurrency approval as mentioned in Memorandum No. PZ 04-244. Chair Wische opened the floor to public comment and closed it when no one came forward to speak. Motion Mr. Cvvynar moved to approve the request for a one (:L) year time extension of the site plan approval granted on August 3, 2003 from August 3, 2004 to August 3, 2005. Mr. Hay seconded the motion that passed 7-0. Project: Agent: Owner: Location: Description: Serrano Beach (SPTE 04-O10) Chip Bryan, Julian Bryan & Associates, Tncorporated D R Horton, Incorporated Quarter mile west of Congress Avenue; South of Golf Road Request for a three (3) month time extension of the site plan approval granted on August 5, 2003, from August 5, 2004 to November 5, 2005. Chair Wische stated the applicant had approached him and Staff, prior to this meeting, to request an additional time extension. .lulian Bryan, D R Horton Homes, 300 NE 25th Street, Boca Raton, approached the podium and stated that in preparation for site plan approvals and other things that are pre-requisite for building in the City, they did not allow themselves enough time to obtain the building permits. Mr. Bryan stated that they mistakenly assumed that a land development permit would qualify as a building permit to legitimize the site plan. Mr. Bryan stated that the building permits are in the City's system but have not been issued as of this meeting and it is possible that they could be issued next week or the following week. He clarified that the weather of the last two months had caused some delays that were out of their control. He requested an additional two-month time extension until .lanuary 5, 2005. Mr..lohnson, Planner, stated that Staff considers a five-month time extension from a three-month time extension sufficient. This would extend the site plan approval to January 5, 2005. Mr..lohnson stated that the company must submit a Traffic Equivalency Determination for the 47 single-family homes because the previously submitted Traffic Impact Analysis was approved for 98 multi-family dwelling units for a buildout year of 2004. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 26, 2004 Chair Wische reminded Mr. Bryan that the organization must also conform to all the previous Staff comments as noted in the initial development order. Chair Wische opened the floor for public comment and closed it when no one came forward to speak. Mr. Fitzpatrick asked Staff whether the access to this site would be on Palm Land Drive. Chair Wische called Mr. Fitzpatrick out of order, counseling him that the Board is only voting on time extensions at this meeting. Notion Mr. Hay moved to approve the request that had been modified from a three-month to a five-month time extension of the site plan approval granted on August 5, 2003 to August 5, 2004, making the expiration date January 5, 2005, pending the conditions of approval included in the initial development order and a Traffic Equivalency Statement approval. Ms..laskiewicz seconded the motion that passed 7-0. rvls. Jaskiewicz asked if there were any changes to the site plan from the original plan previously approved and was informed there were not. Mr. Fitzpatrick asked why his question was out of order and Ms..laskiewicz's question was not. Chair Wische clarified that she was out of order but he did not need to rule on the situation because he had previously ruled that all questions other than those pertaining specifically to the site plan time extensions are out of order. Mr. Fitzpatrick declared his disagreement with Chair Wische's rule of order. Project: Agent: Owner: Location: Description: St. Gregory Armenian Church (SPTE 04-011) Dale Meaux, AP! Group The Armenian Cultural Association of America West of Southwest 8th Street, South of Boynton Beach Boulevard Request for a one (1) year time extension of the site plan approval granted on September 2, 2003, from September 2, 2004 to September 2, 2005. Chair Wische stated that Staff recommends a nine (9) month time extension instead of a one (1) year time extension. Mr. Johnson, Planner, confirmed that Staff recommends the nine-month time extension instead of a one-year time extension making the site plan approval June 2, 2005. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida October 26, 2004 Chair Wische opened the floor to public comment and closed it when no one came forward to speak. Mr. Cwynar asked why Staff is only recommending a nine-month time extension and was informed that the agent has not submitted any plans for their permits and feels that the nine months extension should be a sufficient amount of time. He further clarified that if Serrano Beach only required a five-month time extension, then a nine- month time extension for St. Gregory should be enough time. Chair Wische asked whether the organization has been notified that a change in time extension is being requested by the City and was informed that they have. Notion Ms..laskiewicz moved to table this project until the Planning and Development Board meeting on November 23, 2004. Mr. Fitzpatrick seconded the motion that passed 7-0. VIII. Other None IX. Comments by Members Ms. _laskiewicz stated that the St. Gregory Armenian Church has been notorious in not fulfilling their obligations to that particular parcel in the past and, therefore, should be here for comment. Chair Wische reminded Ms..laskiewicz that she had already made this motion. X. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 7:50 p.m. Respectfully submitted, Deanna Ewing Recording Secretary (102604) 5