Minutes 10-24-06
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD
HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
OCTOBER 24, 2006 AT 6:30 P.M.
PRESENT:
Lee Wische, Chair
Woodrow Hay, Vice Chair
Sergio Casaine
William Cwynar
Shirley Jaskiewicz
Roger Saberson
Matthew Barnes, Alternate
Sharon Grcevic, Alternate
Jamila Alexander, Assistant City Attorney
Mike Rumpf, Director, Planning and Zoning
Absent:
Jon Blehar
1. Pledge of Allegiance
Chair Wische called the meeting to order at 6:34 p.m. Shirley Jaskiewicz led the Pledge of
Allegiance to the Flag.
2. Introduction of the Board
Chair Wische introduced the members of the board. He noted that board member Jon Blehar
was unable to attend and Sharon Grcevic, Alternate was seated in his chair. Mayor Taylor was
recognized as being present also.
3. Agenda Approval
Motion
Mr. Cwynar moved for approval of the agenda. Mr. Hay seconded the motion. The motion
passed unanimously.
4. Approval of Minutes
Motion
Mr. Hay moved to approve the minutes as submitted. Mr. Cwynar seconded the motion. The
motion passed unanimously.
5. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the September 26, 2006 Planning and
Development Board meeting agenda items
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Meeting Minutes
Planning & Development Board
:Boynton Beach, _Florida
October 24, 2006
Mike Rumpf, Director of Planning and Zoning, reported the applications for Red Lobster and
Smokey Bones at Boynton Town Center were approved at the October 3, 2006 City Commission
meeting. At the October 17, 2006 meeting, the Ocean 95 Interchange project was approved.
Mr. Rumpf requested a determination be made at this time regarding the date for the
December meeting or even possible cancellation of the meeting due to the holiday season.
Two items were pending in the Planning and Zoning Department; however, the applicants had
been made aware of the conflict with the holiday season and a possible delay. The board
discussed the possibility of having the meeting on December 19, 2006 as the regularly
scheduled City Commission meeting had been cancelled. It was ultimately agreed to cancel the
December meeting.
Motion
Mr. Hay moved to cancel the meeting for December, 2006. Mr. Casaine seconded the motion.
The motion passed unanimously.
6. Unfinished Business
A. Code Review
1.
Project:
Agent:
Description:
Mixed Use Zoning Districts (CDRV 06-002)
City-initiated
Request for approval of proposed amendments to Chapter
2, Zoning, Section 6.F. Mixed Use Zoning Districts for
conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1
(MU-Ll), amendment of Mixed Use-High (MU-H), and
establishment of the Mixed Use-Low 2 (MU-L2) and Mixed
Use-Low 3 (MU-L3) zoning districts.
Mr. Rumpf summarized the request as converting from a two to four mixed-use system
involving Planning and Development and the Community Redevelopment Agency. The
conversion involved a text amendment to the Comprehensive Plan to include the Woolbright
Road corridor under the Planning and Development area. The effect would be to create an
envelope for the developer to build by stepping the building back as it goes up to create sky
exposure on the first level and throughout, including to adjacent buildings. The new
regulations would be much more sensitive to shadowing.
(Sergio Casaine left the meeting at 6:46 p.m.) (Matthew Barnes, Alternate assumed his chair on
the dais)
Mr. Rumpf indicated there would not be much change for existing structures except for grocery
stores and gas stations would have some special considerations.
Ms. Jaskiewicz noted there would not be any buildable land remaining except from the railroad
tracks to Federal Highway designated in the CRA area. She noted in particular that car washes
were not included as approved uses. Mr. Rumpf replied car washes could be an accessory use
but not a principal use.
Mr. Wische thanked Mr. Rumpf for his presentation.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
October 24, 2006
Motion
Mr. Saberson moved to approve the proposed amendments to Chapter 2, Zoning, Section 6.F.
Mixed Use Zoning Districts for conversion of Mixed Use-Low (MU-L) to Mixed Use-Low 1 (MU-
Ll), amendment of Mixed Use-High (MU-H), and establishment of the Mixed Use-Low 2 (MU-L2)
and Mixed Use-Low 3 (MU-L3) zoning district. Ms. Jaskiewicz seconded the motion. The
motion passed unanimously.
7. New Business
A. Bru's Room
Conditional Use
1.
Project:
Agent:
Owner:
Location:
Description:
Bru's Room (COUS 05-009)
Charles Putman, Putman & Associates, Inc.
Bob Brudinski, Bru's Wing's Inc.
1333 North Congress Avenue
Request for conditional use approval for a nightclub
(amplified music) to Bru's Room Sports Grill on 1.68 acres
in the C-3 Community Commercial zoning district.
Charles Putman, agent for the applicants, advised the owners were present and agreed
with all eight conditions of approval.
Attorney Alexander administered an oath to all those intending to testify.
Mr. Putman reconfirmed his agreement with all the conditions of approval.
Kathleen Zeitler, Planner, gave an overview of the request and indicated the application had
met all the criteria including a voluntary sound study that did comply with the Code. She
advised staff did recommend approval of the application.
Chair Wische opened the issue for public hearing.
Patty Douglas, 1272 NW 11th Street, explained her backyard faced west toward Congress
Avenue and was located one quarter mile east of Bru's Room. She spoke representing herself
and her neighbors in Sky Lake. She did not feel Bru's Room was an appropriate place for a
nightclub. On a previous occasion when amplified music was used, the sound came across the
vacant field and resulted in many sleepless nights for the residents. The Police Department had
been called to ultimately shut down the night club. Ms. Douglas realized the Boynton Town
Center project would buffer much of the noise when and if it were completed some time in the
future. In the interim the residents of Sky Lake would be bombarded with the increased noise
and traffic, especially when the establishment closed.
No one else coming forward Chair Wische closed the public hearing.
Mr. Saberson felt Ms. Douglas did have valid concerns. He questioned the parameters of the
sound study that had been done. Also, if approved, it could be an administrative nightmare for
the City of Boynton Beach to enforce in light of the close proximity to residential uses.
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Meeting Minutes
Planning & Development Board
BOYllton_l3E!ach, Florida
._. _()~0I>er_~~n~~()6
Ms. Jaskiewicz inquired about the number of complaints that had been lodged against the
Delray Beach location. The statistical data was not available. She agreed with the request for
expansion but was not enthusiastic about adding live entertainment.
Mr. Hay confirmed no complaints had been filed from any of the 26 properties notified of the
proposed plans. Ms. Zeitler stressed the establishment would be required to comply with the
noise ordinance.
Mr. Barnes indicated staff had provided conditions of approval and the business would be
subject to code enforcement regulations. The business was in a commercial corridor and was
an appropriate use of the site.
Mr. Saberson noted if there were no residences in the area there would not be an issue. There
are - procedures and processes in place to address the noise issue. Mr. Zeitler added if the
sound limitation were exceeded, sound mitigation measures would need to be taken.
Ms. Grcevic suggested sound proofing measures could be utilized to muffle the noise levels.
Motion
Mr. Cwynar moved to approve the request for conditional use for a nightclub (amplified music)
to Bru's Room Sports Grill on 1.68 acres in the C-3 Community Commercial zoning district. Mr.
Hay seconded the motion with staff recommendations of approval. The motion passed 6-1.
(Ms. Jaskiewicz dissenting)
Bru's Room
Major Site Plan Modif'lCation
2.
Project :
Agent:
Owner:
Location:
Description:
Bru's Room (MSPM 06-004)
Charles Putman, Putman & Associates, Inc.
Bob Brudinski, Bru's Wing's, Inc.
1333 North Congress Avenue
Request for major site plan modification for a building
addition of 775 square feet to Bru's Room Sports Grill on
1.68 acres in the C-3 Community Commercial zoning
district.
Mr. Putman indicated the applicant agreed with all the conditions of approval.
Ms. Zeitler gave an overview of the application and the proposed use of the addition to be
constructed. Staff recommended approval of the request.
Chair Wische opened the issue for public hearing. No one coming forward, Chair Wische closed
the public hearing.
Ms. Jaskiewicz commented she would vote for the additional space to be added.
Motion
Mr. Hay moved to approve the major site plan modification for a building addition of 775 square
feet to Bru's Room Sports Grill on 1.68 acres in the C-3 Community Commercial zoning district
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
October 24, 2006
with staff conditions of approval. Ms. Grcevic seconded the motion. The motion passed
unanimously.
B. Aspen Glen
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Aspen Glen (NWSP 06-025)
Bradley Miller, Miller Land Planning Consultants, Inc.
Lawrence Development Group, LLC
(Leonard Albanese, Managing Member)
7216 Lawrence Road and 3904 71st Lane South, east side
of Lawrence Road, approximately 1,000 feet south of
Hypoluxo road.
Request for new site plan approval for common areas and
landscaping proposed with development of 45 single-
family (zero lot line) dwelling units on 9.34 acres in the
PUD (Planned Unit Development) zoning district.
Bradley Miller, Miller Land Planning Consultants, agent for the applicant, confirmed
the applicant was in agreement with all 31 conditions of approval.
Ms. Jaskiewicz raised the issue of a second exit for emergency purposes. Ms. Zeitler advised
there was a grassy easement in the back from the cul-de-sac to Nautica Sound Boulevard;
however, the Homeowners' Association was not in favor of the connection.
Mr. Miller added the developer had stabilized the grassy area to accommodate an exit, but were
denied access on to Nautica Sound Boulevard.
Chair Wische opened the issue for public hearing. No one coming forward, Chair Wische closed
the public hearing.
Motion
Mr. Cwynar moved to approve the new site plan for common areas and landscaping proposed
with development of 45 single-family (zero lot line) dwelling units on 9.34 acres in the PUD
(Planned Unit Development) zoning district along with all staff conditions of approval. Mr. Hay
seconded the motion. The motion passed unanimously.
C. Boynton Village SMU, Bldg M
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Descri ption:
Boynton Village SMU, Building M (NWSP 06-028)
Kimberly Glas-Castro, AICP, Bonnie Miskel, Esq., and
Ruden, McClosky, Smith, Schuster & Russell, P.A.
1950 Congress Avenue LLC
East side of Congress Avenue, approximately 1,800 feet
north of Old Boynton Road
Request for new site plan approval to construct a 12,120
square foot retail building and related site improvements
on out lot #5 of the approved Boynton Village project.
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Meeting Minutes
Planning & Development Board
.Boynton Beach_L"lorida___
October 24, 2006
Richard Foreman, Sembler Companies, the applicant, accepted the 20 staff comments
and had worked with staff to resolve them.
Ed Breese, Principal Planner, reviewed the request pertaining to the details of out lot #5 with
the same conditions as all of the out lots subject to the Traffic Performance Standards. Staff
recommended approval.
Chair Wische opened the issue for public hearing. No one coming forward, Chair Wische closed
the public hearing.
Ms. Jaskiewicz inquired if the colored graphic depicted the actual uses or conceptual uses. Mr.
Foreman replied they were conceptual. There were two interested restaurants and two
interested retailers. It had been determined that a multi tenant building would be in the best
interest of the developer and the City versus a free standing unit.
Motion
Mr. Hay moved to approve the request for new site plan to construct a 12,120 square foot retail
building and related site improvements on out lot #5 of the approved Boynton Village project
with all conditions of approval. Ms. Jaskiewicz seconded the motion. The motion passed
unanimously.
8. Other
None.
9. Comments by members
Mr. Hay requested an updated list with all new members be included in the agenda books. Mr.
Rumpf agreed to add a new list with the next agenda.
10. Adjournment
Motion
Mr. Cwynar moved to adjourn the meeting. Mr. Hay seconded the motion. The motion passed
unanimously and the meeting adjourned at 7:30 p.m.
ith A. Pyle
eputy City Clerk
10/26/06
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