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Minutes 02-22-05MINUTES OF THE REGULAR MEETING OF THE PLANNING & DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 22, 2005 AT 6:30 P.M. Present: Lee Wische, Chairman Sergio Casaine, Vice Chair William Cwynar Woodro~ Hay Shirley Jaskiewicz Jose Rodriguez Roger G. Saberson Gerald Broening, non-voting Alternate Julie Klahr, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Ed Breese, Principal Planner Dick Hudson, Senior Planner Eric Johnson, Planner Absent: Mike Fitzpatrick, Alternate 1. Call to Order and Pledge of Allegiance. Chairman Wische called the meeting to order at 6:30 p.m. The Pledge of Allegiance to the Flag was recited, led by Ms. Jaskiewicz 2. Introduction of the Board. Chairman Wische introduced the board members and Assistant City Attorney Julie Klahr. 3. Agenda Approval Motion Mr. Cwynar moved that Items 7.B.1. and 7.C.1 (Boynton Beach Mall NOPC #5) be heard together, but voted upon separately. Motion seconded by Ms. Jaskiewicz and unanimously carried. Motion Mr. Hay moved to approve the agenda, as amended. Motion seconded by Mr. Cwynar and unanimously carried. - -- 4. Approval of Minutes. Meeting Minutes Planning and Devel ~ent Board Meeting Boynton Beach, Flor,da February 22, 2005 Motion Mr. Hay moved to approve the minutes. Motion seconded by Mr. Cwynar and unanimously carried. Attorney Klahr administered the oath to all persons who would be testifying. 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the January 25, 2005 Planning and Development Board meeting agenda items. Mr. Rumpf, Planning and Zoning Director, reported on the following items that were on the February 1, 2005 City Commission Agenda: · Grove Plaza Master Plan Modification, and corresponding conditional use approval for a minor repair, automobile business was approved. · The large-scale Land Use Plan Amendment cycle consisting of two items was approved. These included the High Ridge/New Urban Communities Project on High Ridge Road. This project is a combination of townhomes and single-family homes. The other project is the Knollwood Groves Land Use Amendment and Rezoning. · Dr. Go Daycare Center was approved. · Quantum Park NOPC #15, DRI and Master Plan Modification to accommodate additional dwelling units were approved. The Commission approved the following items at the February 15, 2005 City Commission Meeting: · The Boynton Town Center Village Projects, including the Land Use Amendment and Rezoning of the large track of land located at Congress Avenue and Old Boynton Road. · The corresponding Comprehensive Plan and Text Amendment that involved an amendment to Policy #1.16.1 regarding the definition of suburban mixed use. · The Text Amendment to Chapter 22, Streets and Sidewalks, was approved on first reading. Chairman Wische welcomed Vice Mayor Mack McCray, Commissioner Bob Ensler and Commissioner Carl McKoy to the meeting. Mr. Cwynar reported he attended the Palm Beach County Commission Meeting today where the County Commission voted on an alternate site for the Scripps project. The alternate site selected was the Florida Industrial Park. Meeting Minutes Planning and Developmer' ~oard Meeting Boynton Beach, Florida February 22, 2005 6. Old Business: None 7. New Business: A. Conditional Use 1. Project: Agentf Owner: Location: Description: Verizon Wireless at Boynton Space Plus- (COUS 05-003) Jason Laskey, SBA Network Services Mega Mini Company 2951 SW14TM Place Request for conditional use approval to allow construction of a 135-foot high telecommunication tower on a 2,000 square foot leased pamel on the site of the Boynton Space Plus Storage Center. Susan Dellaghal, an attorney representing the applicant, assumed the podium. Chairman Wische pointed out there were 28 staff comments. Ms. Delaghal said they were in agreement with all staff comments. Mike Rumpf, Planning and Zoning Director, presented the item on behalf of staff. Staff uses three general review criteria when reviewing a proposed cell tower. The first involves separation requirements. Minimum standards include both a 250' minimum separation distance between a new tower and a residential zoning district. The proposed tower would be located 450' to the nearest residential zoning district. There must be a 750' minimum separation between the nearest tower and the proposed tower. There is a distance of 1,500' to the WXEL tower and 3,000' to the nearest general co-location tower. The second criteria deals with code requirements, such as setbacks, screening, co- location capability, wind load, and meeting other standards, such as FAA. The criterion for stealth design must also be met. The setbacks and screening have been complied with, according to the Code. Staff has requested, as stated in the conditions of approval, that the voids in the existing landscaping of the entire project be filled in. Engineering statements in the application indicated that the co-location is a priority and will accommodate a minimum of three carriers. The tower meets the wind loads and the applicant furnished an Engineering Certification Statement regarding FAA compliance. Since the tower is located inJhe M-1 zoning district, it'must I~e ~ stealth toTNer in order to blend in. The pole will be a "flagpole" design. The antenna units will be located inside the cylinder of the tower shaff. The third criterion is necessity. The applicant has provided informatip~ indicating there is a void in the vicinity along Congress Avenue that justifies additional need. Meeting Minutes Planning and Devel ~nent Board Meeting Boynton Beach, Florida February 22, 2005 Staff has reviewed the item thoroughly and recommends approval. Further, staff has concluded that the tower would not have a negative impact in the area. Chairman Wische welcomed Commissioner Mike Ferguson to the meeting. Chairman Wische opened the public hearing. Richard Philpott, 1361 SW 27th Avenue, Boynton Beach, is the homeowner association President for GolfView Harbour and asked if there were alternative sites to locate the tower. He also inquired if the residents should be concerned regarding radiation emanating from the tower. Jason Laskey, SBA Network Services, 1701 NE 16th Avenue, Ft. Lauderdale, Florida, responded Verizon has identified this area as needing improved service to provide its customers with better quality phone service. They are licensed by the FCC, and, therefore, are obligated to fulfill a certain level of service under their license. The site would comply with FCC requirements regarding E911 services. The nearest tower is located approximately one mile south from the proposed tower. They did look at this tower as an alternative. However, this particular tower would not be suitable because of its location. If sites are too close, a cross-clutter of signal problems could be created. With regard to safety issues, Verizon is licensed by the FCC and must meet FCC requirements under their license. A tower cannot be denied because of a perception of possible danger to the public because of RF issues. Therefore, they meet the safety standards as outlined by the FCC and are required to follow those guidelines. Mr. Rodriguez asked Mr. Laskey what his position was with Verizon. Mr. Laskey responded he is a site-acquisition consultant and works with Verizon to identify suitable tower or cell sites. Mr. Rodriguez asked if Verizon had a backup plan, and Mr. Laskey stated the backup would be to locate to another industrial zoned property. Mr. Roddguez asked if Verizon would be leasing the tower to other cell phone companies and Mr. Laskey stated that all towers encourage shared leasing with a minimum of three users. Chairman Wische closed the public hearing. Ms. Jaskiewicz had some concerns about the site and noted that the lTV station has an antenna along Congress Avenue that services three other telecommunications companies. She would prefer to have the tower located closer to 1-95 and would like to see the tower relocated to another site. Ms. Saberson concurred with Ms. Jaskiewicz's comments and would like to have the tower located further south in the M-1 District. Motion Mr. Cwynar moved to approve the request for conditional use approval to allow construction of. a 135-foot high telecommunication tower on a 2,000 square foot leased parcel on the site of the Boynton Space Plus Storage Center, subject to all staff comments. Motion~econded by Mr. Hay. The Recording Secretary called the roll and the motion carried 4-3 (Ms. Jaskiewicz, and Messers Saberson and Rodriguez dissenting). 4 Meeting Minutes Planning and Developmep~ ~oard Meeting Boynton Beach, Florida February 22, 2005 B. Master Plan Modification Project: Agent: Owner: Location: Description: Boynton Beach Mall NOPC #5 (MPMD 05-007) Thomas A. Marsicano, AICP JCP Associates~ Ltd Boynton Beach Mall Request for Master Plan Modification approval for the conversion of 90,010 square feet of existing leasable retail space to a 79,500 square foot multi-screen movie theater with 3,650 seats. C. ~ Development of Reqional Impact Amendment 1. Project: Agent: Owner: Location: Description: Boynton Beach Mall NOPC #5 (DRIA 05-002) Thomas A. Marsicano, AICP, URS Corporation Southern JCP Associates, Ltd Boynton Beach Mall Request for Development of Regional Impact Amendment (DRIA) for the conversion of 90,010 square feet of existing leasable retail space to a 79,500 square foot multi-screen movie theater with 3,650 seats. Thomas Marsicano, Vice President of URS Corporation Southern, Inc., 7650 West Courtney Campbell Causeway, Tampa, Florida assumed the podium. Chairman Wische noted the items would be heard simultaneously, but would be voted upon separately. Item B.1 (Master Plan Modification) had two staff comments. Mr. Marsicano agreed with both staff comments. He also repot/ed they resubmitted their traffic study and it was received by the City today. Mr. Bre_ese confirmed receipt of the revised traffic study. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Hay moved to approve the request for Master Plan Modification approval for the conversion of 90,010 square feet of existing leasable retail space to a 79,500 square foot multi-screen movie theater with 3,650 seats, subject to all staff comments. Motion seconded by Vice Chair Casaine. Motion carried 7-0. Chairman Wische opened the public hearing' for Item 7.C.1 (DRIA 05-002). Since no one wished to speak, the public hearing was closed. Motion Vice Chair Casain~e moved to approve the Request for Development of Regional Impact Amendment (DRIA) for the conversion of 90,010 square feet of existing leasable retail space to a 79,500 square foot multi-screen movie theater with 3,650 seats. Meeting Minutes Planning and Deve~ 'nent Board Meeting Boynton Beach, Flor,da February 22, 2005 Mr. Rodriquez had concerns about the impact a movie theater would have at the Boynton Beach Mall. He referred to the problems that have resulted with the Muvico in CityPlace. Chairman Wische noted this was not an agenda item. The Board was being requested to consider the conversion of the existing retail space to a multi-screen movie theater. Mr. Rodriguez felt they needed to look at the impact this would have upon the City. He avoids going to the Boynton Beach Mall because it is a place where kids hang out on a regular basis and he had concerns that a movie theater would, o~ly increase this problem. He also felt it would have a negative impact upon the merchants in the Mall. Vote The motion carried 6-1 (Mr. Rodriguez dissenting). D. New Site Plan 1. Project: Agent: Owner: Location: Description: Neptune Commerce Center (NWSP 05-006) William Wietsma Company, Inc. Pelican Estates, Inc. South side of Neptune Drive, approximately 1,300 feet east of South Congress Avenue Request for New Site Plan approval for a 16,482 square foot industrial building on a 0.969-acre parcel in a M-1 zoning district. A representative on behalf of the applicant assumed the podium and stated they agreed with all 28 staff comments. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Cwynar moved to approve the request for New Site Plan approval for a 16,482 square foot industrial building on a 0.969-acre parcel in a M-1 zoning district, subject to all staff comments and conditions. Motion seconded by Ms. Jaskiewicz and unanimously carried. E. Code Review 1. Project: Agent: Location: Description: Carwash in M-1 (CDRV 05-001) Michael Weiner, Weiner & Aronson - - Industrial (M-l) Zoning District Request for an amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8.A.4. M-1 Industrial District, to allow as a conditional use, car washes provided the 6 Meeting Minutes Planning and Developmep' '~oard Meeting Boynton Beach, Florida February 22, 2005 use is located along a major arterial roadway located west of Interstate 95, such as Congress Avenue. Michael Weiner, 209 S. Seacrest Boulevard, Boynton Beach, was present on behalf of the applicants and assumed the podium. Chairman Wische noted staff recommended approval. Mr. Weiner concurred with staff's report, but pointed out that staff's report did not utilize the applicant's language. However, they agree with staff's recommendations. Staff also included recommendations for other zoning districts, which he did not oppose. Attorney Weiner pointed out the thoroughness of staff's report and felt it fairly presented the issues that have been raised. Eric Johnson, Planner, stated staff is recommending approval of the request for a code amendment with the addition of the following language: "In the M-1 Zoning District, it would be read as a conditional use/car wash, automatic or self-service and in the C-3 and C-4 Zoning Districts, instead of being a permitted use, they would become conditional uses." Chairman Wische opened the public hearing. Richard Philpott, 1361 SW 27th Avenue, Boynton Beach, reported the residents in GolfView Harbour are concerned about a car wash being located next to their community. If such a car wash were located next to their community, they were worried about the noise and they would like to know how the noise would be addressed. They do not object to a car wash, but would like assurances that the abutting homeowners would be protected from constant noise coming from a car wash. He also noted the car wash located at the Mobil Station at Woolbright and Congress is open 24-hours per day. Linda Chiodo, and her husband, live at 2515 SW 15th Court and own a vacant lot in GolfView Harbour that is adjacent to the subject property and they have many concerns. Mr. Cwynar inquired about Ms. Chiodo's lot and whether it could be built on. Ms. Chiodo responde~d it was a vacant, buildable lot, on which they plan to build. Natalie Maloney, 1460 SW 28m Avenue, Boynton Beach, lives in the corner house at 28th Avenue and Congress Avenue and the subject lot is located behind her house. She also had concerns about the car wash and whether it would be open 24-hours per day, as well as the lights, noise and the effect it would have upon the property value of her house. Ms. Maloney was also worried about the view she would have from her back window. Mr. Broening pointed out that what the Board is being asked to approve is not site specific. The amendment al_so puts a conditional use on the zoning, wllich means all these issues would be addressed adequately at the proper time. Since no one else~wished to speak, the public hearing was closed. 7 Meeting Minutes Planning and Deve' merit Board Meeting Boynton Beach, Florida February 22, 2005 Attorney Weiner pointed out they are not dealing with a site plan. With regard to the specific site of his applicants, the car wash would not be a tunnel car wash. He explained that the City's Code deals with noise and noted these Codes are enfomeable. There are many uses that are allowed in M-1 zoning districts that would result in much more noise, odor and problems than the proposed car wash and do not require conditional use approval. The car wash would not be open 24 hours. A photometric plan must be submitted to and approved by staff. Mr. Weiner read a list of approved uses in M-1 z~ning that did not require site plan approval. Some of those uses included stone cutting and finishing; steam pressure and cleaning services; septic tank, sewer and drain cleaning and repair services; towing companies with exterior storage; monuments and gravestones, includin~ retail sales; trucks, buses, farm equipment, construction, including retail renting; and a myriad of other uses. Staff noted there are a great number of retail businesses in the M-1 zoning district and it had been determined several years ago there could be compatibility between residential and M-1 on the same side of street. The applicant would only be adding a service that would be utilized by people who want to get their cars washed and it is a use that would not have that much impact. Ms. Jaskiewicz noted that the car wash could also affect Hunters Run, Silverlake and many other communities along Congress Avenue in addition to GolfView Harbour. Ms. Jaskiewicz did not feel that Congress Avenue was a good location for a car wash. She was not opposed to the zoning amendment, but she did not want it to apply to Congress Avenue. Mr. Saberson did not think it was appropriate to have a car wash in an M-1 zoning district and the uses cited by Mr. Weiner are the types that belong ip that zoning district. He felt if this request were approved, it would only make the situation worse. Further, he was opposed to placing car washes directly behind residential uses. He disagreed with Mr. Weiner's comments that a car wash would have little impact upon the area. As a result, he would like the City to determine what kinds of uses should be allowed in an M-1 zoning district that could be adjacent to residential zoning districts. He did not feel that the uses cited by Mr. Weiner would be compatible with residential uses. Mr. Rodriguez asked Mr. Weiner if he had a specific site in mind. Mr. Weiner responded that his clients are requesting the Code review for the vacant land next to the self- storage facility that is being built along Congress Avenue. He felt a car wash would be far less invasive than some of the other uses that would be allowed. Mr. Rodriguez asked staff why it was necessary to expand the current zoning since there are so many other zonings [hat would allow this use: Mr. Johhson resp(~nded that the applicant applied to modify the zoning code to allow car washes in the M-1 zoning district. Staff evaluated this request and how it would affect the M-1 zoning district. After the South Congres~s Avenue Study was done, it was determined that 66% of the licenses issued for businesses along Congress Avenue have a retail trade component. Meeting Minutes Planning and Developmen° ~oard Meeting Boynton Beach, Florida February 22, 2005 Therefore, a car wash does not appear to be inappropriate for a site along Congress Avenue. Since car washes need visibility, it would seem unlikely that a car wash would locate in the interior of the M-1 zoning districts. Mr. Johnson also pointed out-that Congress Avenue is a major thoroughfare and automotive uses are already permitted in the M-1 district. A car wash is just another form of an automotive use. Because of the conditional use requirements, staff could almost make certain that whatever is built would be built to protect the health, safety and welfare of the residents in the area a/ad the City as a whole. Vice Chair Casaine referred to the modern types of car washes now being constructed. The new types do not detract from the value of one's property. Also, when the actual car wash applied for approval, further hearings would be held to allow the public additional input. He pointed out these kinds of car washes are located in Cities like Boca Raton and Delray Beach, and he does not feel that it has affected property values. Motion Vice Chair Casaine moved to approve the request for an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 8.A.4. M-1 Industrial District, to allow as a conditional use, carwashes provided the use is located along a major arterial roadway located west of Interstate 95, such as Congress Avenue. Motion seconded by Mr. Hay. Ms. Jaskiewicz felt this item was almost site specific since there is very little open space along Congress Avenue and she could not vote favorably for the request. Mr. Johnson questioned whether the Board was approving_the motion proposed by the applicant or the motion proposed by staff with staff's language. Chairman Wische asked the applicant what motion he would prefer. Attorney Weiner stated they had no problem with staff's language and he would agree to either version the Board adopts. Vice Chair Casaine amended his motion that it be based upon staff's language. Mr. Hay seconded the amended motion. The motion carried 5-2 (Ms. Jaskiewicz and Mr. Saberson dissenting). 2. Project: Live/Work in SMU (CDRV 05-002) Agent: Klm Glas-Castro, AICP Owner: Town and Country Homes - Florida Location: Renaissance commons Description: Request for an amendment to the Land Development Regulations, Chapter 2.'Zonin{;i,-Section EH. Suburban Mixed Use (SMU) zoning district to allow Live/Work units as a permissible use. Klm Glas-Castro, an Attorney with Ruden & McCloskey, 222 Lakeview Avenue, West Palm Beach, assumed the podium. Ms. Glas-Castro noted staff's report Meeting Minutes Planning and Deve' ment Board Meeting Boynton Beach, Florida February 22, 2005 mentioned several local examples where cities have live/work units; however, in preparing the draft regulations, they performed a national search that included Denver, Los Angeles, Atlanta, and Boston that all had live/work units. She also noted Abacoa has a good set of regulations for these types of units and they utilized a great deal of Abacoa's language in their request. She noted live/work units are permitted uses in the SMU District with criteria that specifies the maximum size for the business operation, limits employees, requires parking for the business and restricts the types of businesses to be those such as realtor, tutoring, and a home/office type situation. Ms. Glas-Castro felt that live/work units would fit well in Renaissance Commons, but it could be applied Citywide for any SMU District. Mr. HudSon confirmed staff favored the request. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Cwynar asked about parking. Mr. Hudson stated one additional parking space would be needed for each two units. Ms. Glas-Castro stated this space would be in addition to the spaces needed for the residential use. Mr. Rodriguez inquired if retail businesses would be included. Ms. Glas-Castro stated the use was more for professional services and a list of uses was included in the agenda item. Mr. Rodriguez also inquired if advertisement would be allowed on the units. Mr. Hudson stated a unit could have one two-square foot plaque-type sign that would have to be consistent with the sign program for the SMU project. Motion Mr. Cwynar moved to approve the request for an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 6.H Suburban Mixed Use (SMU) Zoning District to allow Live/Work units as a permissible use. Motion seconded by Vice Chair Casaine and carried unanimously. 8. Other None 9. Comments by members None 10. Adjournment ]0 Meeting Minutes Planning and Developmen* "~oard Meeting February 22, 2005_ Boynton Beach, Florida There being no further business, the meeting properly adjourned at 7:32 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (Februa~ 24, 2005)