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Minutes 01-24-06 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 24, 2006 AT 6:30 P.M. Present: Lee Wische, Chairman Woodrow Hay, Vice Chair Sergio Casaine William Cwynar Shirley Jaskiewicz Diane Johnson Roger Saberson Joseph Baldwin, Alternate Sharon Grcevic, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director I. Pledge of Allegiance Chair Wische called the meeting to order at 6:35 p.m., followed by the Pledge of Allegiance to the Flag led by Mr. Casaine. II. Introduction of the Board Chair Wische introduced the Board. III. Agenda Approval Chair Wische asked for any corrections, deletions, or additions to the agenda. Motion Mr. Cwynar moved to approve the agenda, seconded by Mr. Casaine. The motion passed 7-0. IV. Approval of Minutes - December 22, 2005 Motion Mr. Casaine moved to approve the minutes, seconded by Mr. Cwynar. The motion passed 7-0. V. Communications and Announcements A. Plannina and Zonina Report 1. Final disposition of the December 22, 2005 Planning and Development Board meeting agenda items Michael Rumpf, Planning & Zoning Director, reported on the disposition of the items from this meeting. At the January 17, 2006 City Commission meeting, the United Way of Palm Beach County major site plan modification request to add an additional one story, 5K square foot building was approved. Also, the Rapido Rabbit carwash item was tabled again, at the request of the applicant, to the February 21, 2006 City Commission meeting. Meeting Minutes Planning & Development Board Boynton Beach, Florida January 24, 2006 Mr. Saberson asked Mr. Rumpf when the M1 zoning moratorium on Congress Avenue would end Mr. Rumpf responded it had been extended again through April. The resolution extending it specifically stated the dates in March and April when the amendments should be delivered to this Board, the CRA, and the City Commission. VI. Old Business Assistant City Attorney David Tolces administered an oath to all who planned to speak at the meeting. A. Zonina Code Variance 1. Project: Agent: Owner: Location: Description: Bellamy Heights (ZNCV 06-001) Zamil Abou Nauras Corporation Lots 15 and 16 of Block 9 Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requIring a minimum 10 frontage of 60 feet to allow a minimum lot frontage of 57 feet (a variance of three feet), and requiring a minimum lot area of 7,500 square feet to allow a minimum lot area of approximately 6,850 square feet (a variance of 650 square feet) for a proposed single-family residence within the R-1-A Single Family Zoning District Ed Breese, Principal Planner, stated staff recommended approval of this item due to a hardship not created by the applicant himself. The lots in this area were platted in 1925 and the majority of them were between 50 to 58 feet wide. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Lestin Quintinella, 434 S.W. 9th Avenue, Boynton Beach, stated he lived in the house next door to the lot in question. He was also representing the Nauras Corporation. Motion Ms. Jaskiewicz moved to approve the request for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet to allow a minimum lot frontage of 57 feet (a variance of three feet), and requiring a minimum lot area of 7,500 square feet to allow a minimum lot area of approximately 6,850 square feet (a variance of 650 square feet) for a proposed single-family residence within the R-1-A Single Family Zoning District. Mr. Casaine seconded the motion that passed 7-0. 2 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24, 2006 &_Site Plan Time Extension 1. Project: St. Johns Armenian Church (SPTE 05- 006) (fka St. Gregory Armenian Church) Dale Meaux, API Group The Armenian Cultural Association South side of Boynton Beach Boulevard, approximately 300 feet west of Southwest 8th Street Request for a second one year time extension of the site plan approval granted on September 2, 2003, from September 2, 2005 to September 2, 2006 Agent: Owner: Location: Description: Jasmin Meaux, 5921 Vista Linda Lane, Boca Raton, wife of the architect for the project, appeared. When asked if the applicant agreed to the Conditions of Approval, Ms. Meaux stated she was unaware of the conditions. Eric Johnson, Planner, explained there were two conditions of approval. One was the water reservation fee that had to be paid, and the other was updating the traffic analysis. He explained that traffic concurrency had to be obtained before pulling a building permit. Mrs. Meaux responded they agreed to those conditions. Ms. Jaskiewicz referred to the Boynton Beach Code violations on the property and inquired whether they had been rectified. Mrs. Meaux responded the Code violations had all been addressed. Ms. Jaskiewicz reported a meeting was held last year with representatives of the St. Johns Armenian Church, residents of Leisureville, and City staff from the Planning & Zoning and Building Departments concerning some changes Leisureville wanted to the project. This meeting took place after the Planning & Development Board voted to approve the project. Ms. Jaskiewicz wanted the agreements from that meeting regarding all of the wall abutting the residential properties to be made a part of the site plan. Because eQthers felt they were not approving the site plan, only an extension of the site plan, afl€l-they did not think it would be proper to €le-se add those conditions at this time.. One of the Jgr-cements V.'JS for J wall Jlong the entire portion of the residentiJI Jreu, insteJd of just J portion of it JS pr-cviously Jpproved. The Ms. Jaskiewicz added that another etl=tef agreement reached during the meeting with a representative of the Building Department present. was that the wall had to be constructed before issuance of a Certificate of Occupancy. The President of St. Johns Armenian Church and Mr. Meux agreed to that condition. 3 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24,2006 Ms. Jaskiewicz was also concerned about the vagueness of the plans for Phase 3. The details of Phase 1 and 2 were satisfactory and agreed to by all. Phase 3 was speculative in nature and the details were sketchy at best. Phase 3 was for a gymnasium that mayor may not be built on the property. Ms. Jaskiewicz was reluctant to approve the site plan extension in the absence of a full presentation on Phase 3. Mr. Cywnar commented that Item #3 in the Conditions of Approval state that all previous Conditions of Approval must be complied with. To this, Ms. Jaskiewicz responded that she did not think those conditions had been included since the meeting she reported on took place after the Board meeting and after the City Commission meeting. With that statement made. Mr. Cwynar did not see how those conditions could be included since those were not issues that came before the Board. Ms. Jaskiewicz stated that the conditions had to be included because they were agreed to and had been recorded. Mr. Wische reminded the Board members that the purpose of this application was a time extension. He noted that under recommendations. it said all Conditions of Approval from the original project must be satisfactorily addressed during the building permit process. He explained that whatever went on in a meeting that took place after everything was voted on does not mean it has to be put in. Whatever is included must be there and everything that is accepted beforehand must be met. Ms. Jaskiewica reiterated that City staff was present and witnessed Mr. Meaux and the President of the Church agree to the additional conditions. Chair Wische recognized the presence of Commissioner Bob Ensler in the audience. Assistant City Attorney Tolces advised under the Land Development Regulations, at expiration of a site plan approval, the City Commission could impose additional conditions if changes had occurred from the first site plan approval. If the Board felt it was appropriate, it could make those items a part of its recommendation to the City Commission. Mr. Casaine agreed with Chair Wische that the item before the Board was an extension for one year. If there are conditions that need to be added, staff should present those conditions. One board member is aware of those conditions, but the remainder of the Board members are not. According to the Board attorney, the Commission has the right to make amendments or add conditions. Mr. Casaine addressed Mr. Meaux stating that he assumed Mr. Meaux was familiar with the conditions that were added and based on earlier testimony, Mr. Meaux had no problems with those conditions. Mr. Meaux responded, "Correct". Mr. Casaine advised that it would be improper to consider those conditions until they are brought to the Board's attention by staff. The Board would be happy to have a presentation by staff. However, during this hearing, it was improper to consider the conditions since the request before the Board was for a time extension. 4 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24, 2006 When Ms. Jaskiewicz felt it was improper to approve a site plan that had not been seen in its entirety, Mr. Casaine reminded the members that the issue before the Board was not the site plan, but a one-year time extension. ~:;: ~~u~~ ~..:~~~ felt they did not hu'Je sufficient informJtion to Jdd the ChJn~es resultiri from thc informal ""'cting to t~c cond~ions of approVilI, in tAC abscAcc of a "'po ~ ~ . ~~ :~ ~t~:: ~nd, ~qs. Jaskie'.vicz did not feel it WJS JppropriJte to appro'/e J i n e~tension, Jnd by reference the site plJn itself, 'Nithout hJving seen the entirety of the PhJse 3 portion of the site plan. Mr. Saberson noted the staff report had listed the minor site plan modifications agreed to in the referenced meeting as follows: · relocation of the irrigation pump · relocation of lift station · inclusion of a 6-foot high wall along the south property line · submission of a photometric plan showing lighting levels on adjacent Leisureville lots · Coordination with Leisureville on the possibility of relocating the dumpster and informing Leisureville prior to the commencement of Phase 3 (gymnasiumO of the church's site plan It was noted in the staff report the applicant had agreed to these conditions at a meeting on December 16, 2004. Since the applicant and staff agreed, Mr. Saberson felt the additional conditions could be added. Eric Johnson, Planner, indicated subsequent to the first site plan time extension request, an informal meeting was held between City officials, the applicant, and Leisureville. That meeting resulted in several agreements made by the applicant in response to Leisureville requests. The City was a broker between the two parties. Those modifications made to the site plan were never on record at the Planning & Development Board level or at the City Commission level. In analyzing the applicant's request for a second site plan extension, staff considered the conditions of approval from the first time extension, the original site plan conditions, and the conditions of approval listed by Mr. Saberson. It was staff's hope the applicant would comply with all agreements made during the informal meeting. Mr. Saberson asked whether the applicant had submitted a revised site plan incorporating the agreed to changes. Mr. Johnson noted they had made a permit application and several comments had been made on it. However, he was unaware of whether those changes referenced the agreements made at the informal meeting. Mr. Rumpf responded it was their intent to see the referenced comments were met at'the time of permitting, if they were not officially added to the development order. They might have been. He did not have a copy of the development order with him. For example, they would not be seeing a photometric plan at this stage anyway. Mr. Saberson asked if the Commission were aware of the informal meeting, and Mr. Rumpf responded they were. 5 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24, 2006 Commissioner Robert Ensler, 26 Woods Lane, Boynton Beach, was not familiar with the details of this particular situation. He explained the Commission had recently passed an ordinance to help with problems associated with site plan time extensions. Up until the ordinance was passed, the Board only had the choice of saying yes or no. The ordinance now Jllowcd allows some changes to be made that had occurred during the time elapsed from the original approval to the request for extension. Diana Johnson confirmed the square footages for the various phases, including Phase 3. Ms. Jaskiewicz noted there was nothing in the agenda packet about Phase 3 except a proposed square footage. Chair Wische commented that the Board votes on issues based on information that is provided. He requested that the Board be iven all information so that the Board members are not misinformed when they are voting. Vahram Danielian, a representative of the Armenian Cultural Association, stated they had agreed to a four-foot high wall and after the informal meeting agreed to a six-foot high wall. They also agreed at that meeting to extend the wall all around the property abutting the residential area. The Leisureville residents were concerned the gymnasium slated for Phase 3, potentially, would create noise. Also, Leisureville residents were concerned the building would be a big, unadorned "box" and not attractively presented. The representatives from the Armenian Cultural Association had advised the Leisureville residents the gymnasium was important to them. Also, the gymnasium would be made of cinderblock stucco construction, and completely enclosed. It would be soundproof. There would be no problem with noise. The architect presented a sketch at that time showing the building was not going to be a simple "box." It would be nicely constructed to harmonize with the neighborhood. Motion Mr. Cwynar moved to approve the request for a second (1) one year time extension of the site plan approval granted on September 2, 2003, from September 2, 2005 to September 2, 2006. Mr. Casaine seconded the motion. Mr. Saberson asked whether Mr. Cwynar wanted to amend the motion to include the agreements made at the informal meeting. The motion could ask the City Commission to consider the changes and make a judgment about them. Mr. Saberson reiterated the conditions mentioned in the staff report. Chair Wische stated staff could report that back to the Board. Chair Wische wanted to hear a report on the conditions. Mr. Cwynar was not interested in amending his motion-;-, and felt Comment #3, "All previous Conditions of Approval must still be complied with" covered those situations. The motion passed 6-1, Ms. Jaskiewicz dissenting. 6 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24, 2006 VII. New Business A. Annexation 1. Project: Southern Dance Theater (ANEX 06- 001) Bradley Miller, Miller Land Planning Consultants Southern Dance Theater, Inc. East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203 Knuth Road) Request to annex subject property Agent: Owner: Location: Description: Hanna Matras, Planner, reviewed the annexation and land use plan amendment/rezoning concurrently. Staff recommended approval of the annexation for the reasons listed in the staff report. Bradley Miller, Miller Land Planning Consultants, offered to answer any questions. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Motion Ms. Johnson moved to approve annexation of the subject property. Mr. Cwynar seconded the motion that was approved 7-0. Land Use Plan Amendment/Rezoning 2. Project: Agent: Southern Dance Studio (LUAR 06-001) Bradley Miller, Miller Land Planning Consultants Southern Dance Theater, Inc. East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203 Knuth Road) Request to amend the Comprehensive Plan Future Land use Map from Commercial High Intensity (CH/8, Palm Beach County) to Local Retail Commercial (LRC); and Owner: Location: Description: Request to rezone from Agricultural Residential (AR, Palm Beach County) to Community Commercial (C-3). 7 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24, 2006 Hanna Matras, Planner, reviewed the land use plan amendment/rezoning and indicated staff recommended approval, for the reasons listed in the staff report. Chair Wische opened the floor for the public to speak, and closed it when no one came forward. Motion Ms. Johnson moved to approve the request of Southern Dance Studio to amend the Comprehensive Plan Future Land Use Map from Commercial High Intensity (CH/8, Palm Beach County) to Local Retail Commercial (LRC). Ms. Jaskiewicz seconded the motion that carried 7-0. Motion Ms. Johnson moved to approve the request of Southern Dance Studio to rezone the subject property from Agricultural Residential (AR, Palm Beach County) to Community Commercial (C- 3). Ms. Grcevic seconded the motion that carried 7-0. New Site Plan 3. Project: Southern Dance Studio (NWSP 06- 001) Bradley Miller, Miller Land Planning Consultants Southern Dance Theater, Inc. East side of Knuth Road, approximately 495 feet south of Old Boynton Road (1203 Knuth Road) Request site plan approval to construct a one-story building totaling 10,000 square feet for a dance studio and retail use, and related site improvements on 0.92 acres zoned C-3 Agent: Owner: Location: Description: Bradley Miller, Miller Land Planning Consultants, stated the applicant was in agreement with all 37 staff conditions. Kathleen Zeitler, Planner, reported the site plan complied with parking, landscaping, building and site design uses. The building had a lot of architectural details and the color was neutral. It also complied with the C-3 setback and lot coverage requirements, building height requirements, signage, and lighting. Staff recommended approval with the 37 conditions. Chair Wische opened the floor to the public, but closed it when no one wished to speak. Motion Ms. Jaskiewicz moved to approve the site plan for Southern Dance Studio to construct a one- story building totaling 10,000 square feet for a dance studio and retail use, and related site improvements on 0.92 acres zoned C-3, including all staff conditions of approval. Ms. Johnson seconded the motion that carried 7-0. 8 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24, 2006 Mr. Hay arrived at the meeting at 7:14 p.m. Ms. Johnson was pleased the City had not lost the dance studio to another City, and thanked Mr. Miller for his efforts to keep it in the City. B. Conditional Use 1. Project: Renaissance Commons Phase VI (COUS 06-001) Carl Klepper, Compson Associates, Inc. Compson Associates of Boynton II, LLC Southeast corner of Congress Avenue and Gateway Boulevard Request conditional use/major site plan modification approval to change 104,412 square feet to self-storage use, converting in part, a portion of the previously approved office space within the Renaissance Commons project, which is zoned Suburban Mixed-Use (SMU). Agent: Owner: Location: Description: Carl Klepper, Compson Associates, Inc. appeared as agent for the applicant. Chair Wische asked Mr. Klepper whether the applicant agreed with the 17 staff conditions of approval. Mr. Klepper indicated the applicant agreed to all 17 conditions and he complimented staff for doing a fantastic job with the application. Eric Johnson, Planner, thanked Mr. Klepper for the compliment. This request was to allow self- storage facility use in the Suburban Mixed Use Zoning District, which required conditional use approval. Staff reviewed the applicant's request to modify Building I to allow a self-storage facility inside the building and the applicant had demonstrated they would comply with all the standards for evaluating conditional use. They recommended approval of their use. Chair Wische opened the floor to the public, and closed it when no one wished to speak. Ms. Jaskiewicz inquired whether the footprint was the same for Building I, and Mr. Johnson responded it was, except the parapet wall had been raised by one foot to 71 feet. It was previously approved for 70 feet and was advertised that way; therefore, the applicant had agreed to change the parapet height by a foot to comply with the previous conditional use approval. Motion Mr. Cwynar moved to approve the Renaissance Commons Phase VI request for conditional use/major site plan modification approval to change 104,4112 square feet to self-storage use, converting in part a portion of the previously approved office space within the Renaissance 9 Meeting Minutes Planning &. Development Board Boynton Beach, Florida January 24, 2006 Commons project, which is zoned Suburban Mixed Use (SMU). Mr. Casaine seconded the motion that passed 7-0. VIII. Other - None IX. Comments by Members - None x. Adjournment There being no further business, the meeting properly adjourned at 7:25 p.m. Respectfully submitted, ~-'~ c-...... , --> (/0ttzl t94hl'(' Susan Collins Recording Secretary (012406) 10