Minutes 03-22-05MINUTES OF THE REGULAR MEETING OF THE PLANNING &
DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL,
BOYNTON BEACH, FLORI~DA, ON TUESDAY, MARCH 22, 2005 AT
6:30P.M.
Present:
Lee Wische, Chairman
Sergio Casaine, Vice Chair
William Cwynar
Woodrow Hay
Shirley .laskiewicz
Roger G. Saberson
Gerald Broening, non-voting Alternate
IVlike Fitzpatrick, Alternate
Absent: Absent:
Ed Breese, Principal Planner
Eric .Johnson, Planner
.lose Rodriguez David Tolces, Assistant City
Attorney
1. Call to Order and Pledge of Allegiance
Chairman Wische called the meeting to order at 6:32 p.m. and the Pledge of
Allegiance to the Flag was recited.
Chairman Wische announced that David Tolces, Assistant City Attorney was
absent.
2. Introduction of Board
Chairman Wische decided to proceed without introduction of the Board.
3. Agenda Approval
Motion
Mr. Hay moved that one more board member was needed and Mr. Wische stated
that Gerald Broening, non-voting Alternate would become a regular until the
regular arrives. Motion seconded by Mr. Saberson and unanimously carried.
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
4. Approval of Minutes
Motion
March 22, 2005
Mr. Hay moved to approve the minutes. Motion seconded by Mr. Saberson and
unanimously carried.
Mr. Saberson administered the oath to all persons who would be testifying.
5. Communications and Announcements
Planning and Zoning Report
1. Final disposition of the February 22, 2005 Planning and
Development Board meeting Agenda items.
Ed Breese, Principal Planner, reported on the actions taken by the City
Commission at their meeting on March 1, 2005 of the Board. He stated the
following items were approved:
· The Neptune Commerce Center request for New Site Plan for a
16,482 square foot industrial building on a 0.969-acre parcel in
a M-1 zoning district.
· Verizon Wireless at Boynton Space Plus request for conditional
use 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.
· Live/Work Code Review in SlVlU. Request for an amendment to
the Land Development Regulations, Chapter 2. Zoning, Section
6.H. Suburban Mixed Use zoning district to allow Live/Work
units as a permissible use.
· Boynton Beach Mall NOPC #5. 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 theatre with 3,650 seats.
· Boynton Beach Mall NOPC #5. Request for Development of
Regional Tmpact Amendment for the conversion of 90,010
square feet of existing leasable retail space to a 79,500 square
foot multi-screen movie theatre with 3,650 seats.
6. Old Business:
None
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
7. New Business:
A. Master Plan Modification
Project:
Agent:
Owner:
Location:
Description:
Citrus Park (MPMD 05-004)
John Frullo
John and Sharon Frullo
142 Citrus Park Circle
Request for Master Plan Modification to
reduce the minimum side setback for
swimming pools from eight (8) feet to
three (3) feet for Lot # 75.
John Frullo, 142 Citrus Park Circle, assumed the podium. Chairman Wische
read the request and stated that staff recommends approval subject to 6 staff
comments. Mr. Frullo said he was in agreement with all staff comments.
Eric Johnson, Planner, spoke on behalf of staff and stated the only comment was
that when the Board is reading the motion to approve or deny the request, they
highlight the request is not just for swimming pools but also for screening
closures.
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 to reduce the
minimum side setback for swimming pools from eight (8) feet to three (3) feet
for Lot # 75 subject to all staff comments and to highlight that the request is not
just for swimming pools but also for screening closures. Motion seconded by Ms.
Jaskiewicz.
Mr. Broening stated that the recommendation from staff was to make this a class
action which would save the tax payers and residents of Citrus Park a great deal
of money and also save the Board and the Commission some time. He stated
this includes more than Lot # 75, that it includes all similar lots in the P.U.D. He
also stated the H.O.A. has no apparent objections and that the motion made was
correct but too narrow. Therefore, he would like to move to reconsider and
make a motion subsequent to the reconsideration.
Mr. Johnson stated staff is recommending that in order for the Master Plan
Modification to be approved, the swimming pool would have to be four feet
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
from the side property line and that screen closures may be three feet from the
side property line, and asked it be included in the motion.
Ms. 3askiewicz inquired whether the homeowners association would be as
amendable to other sites.
Ed Breese, Principal Planner, stated that they looked at all the other similar lots
within the P.U.D. with the same house configuration and model, and took all the
identical ones to Mr. Frullo's and made them a part of it. Part of the
recommendation is also that the homeowner's association would have to act
individually on any of the requests. He stated staff is approving Mr. Frullo's and
all the others, providing the homeowners association signs off on each of them
individually.
Motion
Vice Chair Casaine moved to amend the motion to include the staff
recommendations. Ms. 3askiewicz seconded the motion that unanimously
carried.
Chairman Wische welcomed Commissioner Mike Ferguson and President & C.E.O.
of Chambers Diana .lohnson.
B. Major site Plan Modification
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Mall / Muvico (MSPM O5-O0:L)
Thomas Marsicano, ATCP, URS Corporation Southern
Boynton, 3CP Associates, LTD
Boynton Beach Mall, Macy's Leased Parcel
Request for Major Site Plan Modification approval to
construct a 3,650 seat (79,500 square feet) movie
theatre and 17,528 square foot addition to the
Boynton Beach Mall.
Thomas Marsicano, URS Corporation Southern, Tnc., 7650 West
Courtney Campbell Causeway, Tampa, Florida assumed the podium.
Chairman Wische pointed out that there were a total of 52 staff comments, and
Mr. Marsicano stated comment Nos. 41 and 42, which dealt with signs, were the
two that they were concerned about.
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Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Mr. Marsicano addressed comment No 41 first which stated that it allows one
wall sign per wall and that both signs are not allowed on the same wall, but a
variance will be required to have two signs on one wall. He stated that Muvico
would like the opportunity to apply for the variance and that signage is very
important to a movie theatre as far as advertising the movies that are playing.
He stated all the signs face internally to the property and hoped the use of the
property as a movie theatre and the fact that it is not facing any public
roadways, would be considered in the variance application process.
Eric _]ohnson, Planner, pointed out that the way the Code is written for malls,
that each building side is only allowed to have one wall sign. He stated that
Muvico would either have to remove one of the signs, or they may request a
variance and Staff would have to review the request and it would also have to be
reviewed by the Planning and Development Board and City Commission.
Vice Chair Casaine inquired whether the Code includes the signs facing inside the
mall and Mr..lohnson responded yes, and that wherever there are two signs
proposed, whether it is the IVluvico sign or the reader board, is where they are
not complying with Code.
IVlr. Marsicano stated that Muvivo would be willing to incorporate the reader
board and the Muvico logo into one sign and asked if it could be acceptable,
because they may attempt to do that as opposed to applying for a variance.
Mr. Cwynar inquired what the Code says in reference to temporary signs and
questioned whether the reader board signs aren't temporary because they
advertise movies for a couple weeks. Mr..lohnson responded that though the
actual contents of the reader board might be temporary, the actual reader board
is not temporary. It is a permanent structure, and the City cannot regulate sign
content, however, the City regulates sign appearance and size.
Vice Chair Casaine inquired whether to apply for the variance wouldn't be the
better solution, because he has seen other rvluvico structures in other areas, and
when you have a building of that size, more than one sign would be appropriate
because of the space between them.
Mr..lohnson pointed out that if the Board and City Commissions approved the
project with staff conditions, the applicant could submit permits to construct the
building. Even though they could not have the Muvico logo or the movie boards
at that time, they can start construction and the sign issues can be settled at a
later date.
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Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
George Figler, 3101 North Federal Highway, representative from Muvico
theatres assumed the podium, and stated that any condition relevant to
maintaining the Muvico image is acceptable, and whatever is collectively agreed
to do, they will do. He stated that based on comment No. 42 about the roof top
sign that Staff sees it as a sign but he sees it as part of the architecture.
Mr. 3ohnson stated that staff has a condition of approval.
Chairman Wische opened the public hearing. Since no one wished to speak, the
hearing was closed.
Ms. Jaskiewicz stated she had two concerns. The first one was the video arcade,
and the other was the covered bicycle rack. She pointed out that these additions
would invite juveniles to the area. She stated that the area was not conducive
for bicycle riding.
Motion
Mr. Saberson moved to approve Staff recommendations as contained on Page 8
of the staff report pertaining to Agenda 7B1 which states that Staff has reviewed
the request for New Site Plan approval and is recommending approval of the Site
Plan, contingent upon the approval of the accompanying request for height
exception and satisfying all conditions indicated in Exhibit C, conditions of
approval. Mr. Hay seconded the motion.
Ms..laskiewicz suggested amending the motion to include that as an additional
Planning and Development Board comment they don't think that video arcades
and a bicycle rack are acceptable uses for this property. The suggestion was
declined.
Vote
The motion carried 6-1 (Ms..]askiewicz dissenting).
Chairman Wische welcomed Commissioner Bob Esnler to the meeting.
C. Height Exception
1. Project:
Agent:
Owner:
Location:
Boynton Beach Mall / Muvico (HTEX 05-003)
Thomas IVlarsicano, AICP, URS Corporation Southern
Boynton, .~CP Associates, LTD
Boynton Beach Mall, Macy's Leased Parcel
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Description:
Request for Height Exception approval of 19 feet-six
(6) inches to allow decorative rooftop statues at a
height of 64 feet-six (6) inches in lieu of the
maximum of 45-feet allowed in the C-3 zoning
district.
Chairman Wische stated that there was only one staff comment and Mr.
Marsicano agreed with the staff comment.
Chairman Wische opened the public hearing. Since no one wished to speak, the
public hearing was closed.
Motion
Ms..laskiewicz moved to approve the request for Height Exception approval of 19
feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six
(6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district.
Mr. Hay seconded the motion that passed unanimously.
D. Code Review
l. Project:
Agent:
Owner:
Location:
Description:
Quantum Park MU Height (CDRV 05-006)
Eugene Gerlica, P.E., Quantum Group of Companies
Quantum Group of Companies
Quantum Park P[D
Request amendment to the Land Development
Regulations to increase the allowable building height
from 45 feet to 5 stories in Mined Use (MU) PODs of
the Planned [ndustrial District (PTD) regulations.
Chairman Wische stated that Staff approved it with slight recommendations to
the Planned Industrial District regulations.
David Norris, 7:L2 US Highway ~., attorney for the applicant, assumed the
podium and stated that they accept the staff recommendations.
Ed Bresse, Principal Planner stated that the City Manager requested that Staff
recommend that the item be tabled so he can have more time to review the
information submitted.
Chairman Wische stated it was not on the agenda to table, and he was only
interested in whether the request was approved.
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Mr. Saberson moved to table the request for one month until the next Planning
and Development meeting. Ms. ]askiewicz seconded the motion.
Chairman Wische objected to tabling and stated the item was already held back
from the February meeting. Mr. Breese informed the Board that the City
Manager had been ill and has not had a lot to time to spend on those types of
Items.
Vice Chair Casaine stated he did not believe that enough reason had been
presented to table the item. He stated that motions must be presented in an
order, and you have to give the opportunity for it to be presented to the public
and the Board for discussion before a motion can be presented.
Mr. Hay stated that based on the City Manager's illness he felt the City Manager
should have the opportunity to review the item.
Mr. Nora pointed out that the item was originally part of the request for NOPC
#15, and staff requested them to remove it from that request so that they would
have more time to review. They gave staff the additional month and a half to
review the item, which Staff gave their recommendation that they agree with. He
did not think it was fair for them to ask for more time at the last minute. He
stated that it is a big project and every request is time sensitive.
Mr. Broening pointed out that after the Board makes its recommendations that
the item then goes to the City Commission for approval, which will provide
sufficient time for any further review that may be necessary.
Mr. Breese pointed out that Mr. Nora stated Staff asked them to remove the item
from the NOPC #15 to give them more time to review, and that was not a
factual statement. He stated that it is not a part of the NOPC and is not
something that is reviewed by the State. He stated that they did ask him to
remove the item because it would not be appropriate to deal with it within an
NOPC and suggested they move it to tonight's meeting.
Vote
The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr. Cwynar, Mr.
Hay, Mr. Broening dissenting).
Meeting Minutes
Planning and Development Board Meeting
Boynton Beach, Florida
March 22, 2005
Motion
Vice Chair Sergio moved that the request to amend the Land Development
Regulations to increase the allowable building height from 45 feet to 5 stories in
Mixed Use (MU) PODs of the Planned Industrial District (PTD) request and
following staff's recommendations be approved. Motion seconded by Mr.
Cwynar.
Vote
The motion carried 5-2 (Mr. Saberson and Ms ]askiewicz dissenting).
8. Other
None
9. Comments by members
Mr. Hay inquired if it was okay for them to have the meeting without an Attorney
present. Mr. Breese responded that Staff was told that it would not be a
problem running the meeting without the Attorney present.
Mr. Fitzpatrick, Alternate, inquired from Staff about a list of questions he had
given out to Staff two months ago and has not had any reply. Mr. Breese stated
that he was not sure what those requests were, that they were not directed to
him, but he will find out.
10. Adjournment
There being no further business, the meeting properly adjourned at 7:19p.m.
Respectfully submitted,
Catherine Wharton
Recording Secretary
(March 24, 2005)
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