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Minutes 02-23-06 I I MEETING MINUTES OF THE CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD HELD IN CITY COMMISSION CHAMBERS, FEBRUARY 23, 2006 AT 6:30PM Present: Lee Wische, Chairman Woodrow Hay, Vice Chair Sergio Casaine William Cwynar Shirley Jaskiewicz Diane Johnson Roger Saberson Joseph Baldwin, Alternate Sharon Grcevic, Alternate Jacob Horowitz, Assistant City Attorney Ed Breese, Planning & Zoning Director I. Pledge of Allegiance Chair Wische called the meeting to order at 6:31 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. Hay. The motion passed 7-0. IV. Approval of Minutes - January 24,2006 Motion A motion was made by Mr. Cwynar to approve the minutes. The motion was seconded. Mr. Casaine objected to the approval of the minutes. The basis of his ot;>jections were related to a discussion held at the last meeting regarding code violations pertainlng to the petition by St. Johns Armenian Church. Some of the comments made by various board members did not appear in the minutes, giving the impression that the minutes were bein~ edited. He expressed his belief that those comments are very important and going forward!, could come to a test, legally or by others who object. As an example, he explained he wrote a response to a letter received from an attorney who represented residents on a subject. The attorney insisted the Board change it's vote due to legal technicalities that he felt were apw~priate and would justify the change he was requesting. Mr. Casaine expressed his objection!irit writing to the attorney, and countered the attorney was trying to pressure the Board into maki(1~ the changes. The City Attorney let the situation stand feeling there was no basis to the letter. Mr. Casaine explained at Meeting Minutes Planning and Development Board Boynton Beach, Florida February 23, 2006 the last Commission meeting, the same gentleman criticized the City Commission for not including the letter he had written in their back up, where he was asking the Board to change its vote. Mr. Casaine stressed it is important the minutes reflect the comments made by the Board members, particularly when made in a formal fashion, with the permission of the Chair and in the presence and purview of the City, or Assistant City Attorney. To not have the comments in the minutes gives an appearance that someone is either not doing their job or improperly editing what was said. He objected to the passage of the motion and expreSsed the minutes of the meeting of January 24, 2006 ought to be edited again and the comments that were made be included in those minutes. Specifically, comments were made by Mr. Cwynar, the Chair, Mr. Casaine, and Ms. Jaskiewicz, however only the comments by Ms. Jaskiewicz were reflected in the record. Motion Mr. Cwynar moved to not accept the minutes of January 24, 2006 until they are corrected. The motion was seconded. Messrs. Cwynar, Hay, Saberson and Baldwin discussed the minutes were not intended and never have, or will be, a verbatim record of every single thing said by every single person. Conversely, if the discussion does not fairly represent the discussions of the Board, the minutes could be revised. It was noted the content is summarized in some fashion as to the statements made. The basis of the objection was the summary of some of those conversations were missing and further noted pages of the minutes were missing, including the signature page which is routinely signed. Ms. Jaskiewicz also noted, as did Chair Wische there is an opportunity to make corrections, deletions or additions to the minutes. Chair Wische summarized the motion as the minutes should be correqted, and when they are transcribed, comments of all who made comments should be included both in favor and as opposed. There was consensus the comments should be highlighted to have a trail of paperwork of what was said, i.e. Mr. Hays highlighted. . . . Vote Chair Wische called the question on the motion including the recommendations noted above which unanimously passed. V. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the January 24, 2006 Planning and Development Agenda items. Ed Breese, Principal Planner informed the Board of the actions taken by the City Commission on February 21,2006 as follows: . Bellamy Heights Zoning variance - approved; · St. Johns Armenian Church - approved with the conditions agreed upon between the neighborhood and applicant; 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 23, 2006 · Rapido Rabbit Car Wash - approved with a number of conditions including one which specifies a certificate of occupancy will not be issued until facility sound tests were conducted and found to be within limits; · Southern Dance Studio, Annexation and Land Use Rezonil1g - approved on First Reading and scheduled for Second Reading on March 21, 2006. The site plan will be heard at that point in time; · Renaissance Commons, Phase VI Conditional Use - approved. VI. Old Business: None VII. New Business A. 504 SW 7th Street Abandonment 1. Project Agent: Owner: Location: Description: 504 SW 7th Street (ABAN 06-002) Christine and Thomas Ruffini City of Boynton Beach Portion of SW 7th Street Request abandonment of a portion of SW 7th Street abutting residential property located at 504 SW 7th Street in Lake Boynton Estates. Abandonment consists of a shell rock stub-street 50 feet in width by 120 feet in length, and a total of 6,000 square feet (0.138 acre) in area. Attorney Horowitz administered the oath to all persons who would be testifying. Thomas and Christine Ruffini, residing at 504 SW 7th Street were present. Chair Wische explained the request for abandonment for a portion of SW 7th Street abutting residential property located at 504 SW 7th Street in Lake Boynton Estates. Abandonment consists of a shell rock stub-street 50 feet in width by 120 feet in length, and a total of 6,000 square feet (0.138 acre) in area. Chair Wische pointed out there wer~ three staff comments and asked if the applicant agreed with the comments or needed any c1arilfication of them. The Ruffini's responded they were in agreement with the conditions. Chair Wishce indicated Staff recommends approval of the request. Ms. Zeitler, Planner concurred and advised various City departments have reviewed the request and have no objection to supporting the abandonment with the dedicated easement which will be required prior to the second reading. Chair Wische opened the floor for public hearing and asked for public domments. Since there were no comments, he closed the public hearing. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 23, 2006 There was discussion whether this request was a unique situation with just this particular home or if it was applicable to other adjacent property owners. Ms. Zeitler explained when a street is abandoned, the property is split 50-50 with the adjacent property owners receiving half. Other adjacent property owners have not requested the abandonment, only the Ruffini's. This request was unique to the Ruffini's. The road was platted to be a through street, but it was not developed that way. The street was developed at the end of BoyrtJton Lakes subdivision. Crystal Key was developed to the south and had their own road so SW 7th Street was not being used at all. There was further discussion about individuals living two streets over to the east, being able to make the same request, and whether the City should advise those individuals of the opportunity for abandonment. Staff responded only the applicant has made the request, and the City could advise eligible residents of the opportunity to abandon their streets, but they may have already been abandoned in previous years. The issue was since the street runs all the way through the development, whether the whole road should be abandoned at one time. Mr. Breese responded only this applicant requested abandonment on their street. If other p~rties were interested in abandoning theirs, they would have the same justification as is being presented here. He could not confirm whether the other areas have been abandoned and noted ithey could show on the location map but still have been abandoned previously. The Board discussed Valencia Way traversing through the entire subdivision of Lake Boynton Estates and if it was an undeveloped road. Staff reiterated the way it was originally platted and showed it was developed much differently. The development stopped at the boundary of Lake Boynton Estates and the development to the south, Crystal Key, has its own interior roads The portion of the street just south of the intersection at 4th Street and the erid of the subdivision is a dead end street which was not used and the applicant wanted it abandoned. It was noted by the Planning and Development Board members each abandoned property has a fee simple cost involved. This fee would be divided by two, one for the property owner on the east and one for the west. Motion A motion was made by Mr. Hay to approve the request for abandonment of a portion of SW 7th Street abutting residential property located at 504 SW 7th Street in Lake Boynton Estates. Abandonment consists of a shell rock stub-street 50 feet in width and 120 feet in length for a total of 6,000 square feet, 0.138 acres in areas subject to the three staff comments. Mr. Cwynar seconded the motion that passed unanimously. B. Healing Heart Veterinary Office Maior Site Plan Modification 2. Project: Agent: Owner: Location: Description: Healing Heart Veterinary Office (MSPM 06-001) Merrill Romanik Synalovski Gutierrez Romanik Nancy Keller, White Elk Enterprises, LLC 226 SE 23rd Avenue Request approval of a major si~ plan modification to construct a 400 square foot additi<l>ri to an existing 1,200 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida February 23, 2006 square foot building for a proposed veterinary clinic on a 1.106 acre parcel in a C-1 zoning district. Merrill Romanik, of Synalovski Gutierrez Romanik Architects, Inc. was present on behalf of the Owner, Nancy Keller. Chair Wische reviewed the request for approval of a major site plan modification to construct a 400 square foot addition to an existing 1,200 square foot building for a proposed veterinary clinic on a 0.106 acre parcel in a C-1 zoning district. Mr. Wische advised there were a total of 24 staff comments. He inquired if the applicant wanted to discuss, have clarified or was in agreement with the comments. Ms. Romanik agreed with all comments Ms. Zeitler, Planner indicated the property is zoned C-1, Office, Professional and Commercial and currently has a single family dwelling on the property which is considered to be a non- conforming use in the C-1 zoning district. The conversion of this property to commercial use, was consistent with all of the C-1 lots fronting on 23rd Avenue and would change this to a conforming use. She announced staff has checked the requirements, the applicant meets the criteria, and staff supports the request subject to the 24 conditions of approval. Chair Wische opened the public hearing. There were no comments received and Chair Wische closed the public hearing. Motion Mr. Saberson moved to approve staffs recommendation, which includes all the conditions. Mr. Hay seconded the motion that unanimously carried. Adiournment There being no further business, meeting properly adjourned at 6:56 p.m. Respectfully submitted, o I C' ~ (1Wl {,~ 1.:r;J hJ.l}!i- . Q()V/'lWl( Catherine Cherry-Gu erman Recording Secretary (022806) 5