Minutes 01-23-07
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING
HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
JANUARY 23, 2007 AT 6:30 P.M.
PRESENT:
Lee Wische, Chair
Jon Blehar
Sergio Casaine
William Cwynar
Shirley Jaskiewicz
Roger Saberson
Matthew Barnes, Alternate
Sharon Grcevic, Alternate
David Tolces, Assistant City Attorney
Mike Rumpf, Director, Planning and Zoning
ABSENT:
Woodrow Hay, Vice Chair
1. Call to Order and 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. The board observed a moment of silence for
the passing of Vice Mayor Robert Ensler.
2. Introduction of the Board
Chair Wische introduced the board members.
3. Agenda Approval
Motion
A motion was made by Mr. Cwynar to approve the agenda. Mr. Casaine seconded the
motion that unanimously passed.
4. Approval of Minutes
Motion
Mr. Cwynar moved to approve the minutes. Mr. Casaine seconded the motion that
unanimously passed.
Chair Wische announced anyone wishing to speak on any item on the agenda must be
sworn in.
Attorney Tolces administered the oath to all individuals who would be testifying.
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January 23, 2007
5. Communications and Announcements
Mike Rumpf, Planning and Zoning Director, explained the City Clerk had requested a
correction to the minutes as contained on the agenda. The correction was not indicated
in the approval of the minutes.
Motion
Mr. Cwynar moved to reconsider the approval of the minutes. Mr. Saberson seconded
the motion that unanimously passed.
Motion
Mr. Cwynar moved to approve the minutes as corrected. Mr. Saberson seconded the
motion that unanimously passed.
Mr. Rumpf provided an update and announced the City Commission approved the
Evaluation and Appraisal Report (EAR) and Resolution 06-204. The revised EAR was
sent to the State for final review. The Pylon Interstate Plaza variance for a reduction in
parking spaces was approved, High Ridge New Urban PUD site plan time extension was
approved, and the Miraflor Annexation, Land Use Amendment and Rezoning, and New
Site Plan were approved on second reading.
Mr. Rumpf indicated members of other boards have requested the City Clerk provide the
minutes to the members via email. He requested anyone wishing to receive them
electronically should let him know or contact the City Clerk's office.
A joint workshop was being scheduled for January 30, 2007 regarding Workforce
Housing for the City at 6:30 p.m. at the Library regarding Workforce Housing for the
City. Staff had drafted an ordinance to implement the program.
Chair Wische announced he had a request from Hanna Matras, Economic Planner to
hear item G first. There were no objections from the board.
(Heard out of order)
G. Code Review
1.
Project:
Proportionate fair-share mitigation program
(CDRV 07-001)
City-initiated as per 163.3180(16), Florida Statutes.
Amendment of Land Development Regulations,
Chapter 1.5, Article VI. Concurrency Requirements,
to comply with new growth management legislation
directing local governments to adopt a
methodology for assessing proportionate fair-share
contributions from developers to meet traffic
concurrency requirements for local roads.
Agent:
Description:
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Hanna Matras, Economic Planner, advised the board the State was requiring all local
governments in Florida have a program for traffic concurrency. They missed the
December 1, 2006 deadline because the Department of Community Affairs (DCA) was
not clear whether the City would fall under the purview of the County, who was in
charge of traffic concurrency programs. This item would add Article 8 to Chapter 1.5
and amended Concurrency Requirements, Chapter 6.
The program provided a methodology for developers, when they added road capacity
over the adopted Level of Service (LOS) to pay its share towards improvements of the
impacted facilities. The Ordinance was drafted by the Department of Transportation at
the request of DCA, and contained all the State requirements. Ms. Matras explained the
formula was complex and was contained in the Ordinance.
When trips generated by new development cause the road to exceed the adopted LOS,
the developer will contribute towards their improvements if those facilities were going to
be improved by the City and were contained within the City's Five-Year Capital
Improvement Plan. At this juncture, there are no capital improvements for local roads;
only repaving is required. In the future when capital improvements fall within the City's
jurisdiction, the program could be used. For the present moment, the City has to have
the program because the State requires it. Ms. Matras recommended the board approve
the amendment.
Mr. Cwynar asked what Level of Service was being used. Ms. Matras responded they
were looking at Level of Service "D", which is contained in the adopted Comprehensive
Plan and in the Code.
Motion
Ms. Jaskiewicz moved to approve the amendment. Mr. Saberson seconded the motion
that passed 6-1 (Mr. Cwynar dissenting).
6. Unfinished Business:
A. Cortina at Boynton Village
Site Plan Extension
Description:
Cortina at Boynton Village (SPTE 06-012)
Stephen B. Liller, K. Hovanian Homes
Hovstone Properties Florida, LLC
Boynton Village, northeast corner of Old Boynton
Road and Congress Avenue.
Request for a one year site plan time extension for
site plan approval granted on September 20, 2005,
from September 20, 2006 to September 20, 2007
1.
Project:
Agent:
Owner:
Location:
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Melissa Hudson, 1275 Gateway Boulevard was present on behalf of the project.
Chair Wische read the request for the one-year site plan time extension and indicated
the extension was subject to all the original conditions and staff comments. Ms. Hudson
was in agreement with those conditions.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Gabriel Weubben, Planner, reviewed the request as contained in the staff report and
recommended approval contingent upon satisfaction of all the comments indicated in
Exhibit C, Conditions of Approval.
Motion
Mr. Cwynar moved to approve the site plan time extension for site plan approval granted
on September 20, 2005, from September 20, 2006 to September 20, 2007. Ms.
Jaskiewicz seconded the motion that unanimously passed.
7. New Business
A. 306 SW 5th Avenue
ZoninG Code Variance
1.
Project:
Agent:
Owners:
Location:
Description:
306 SW 5th Avenue/Jenkins (ZNCV 07-001)
Steve and Anna Jenkins
Steve and Anna Jenkins
306 SW 5th Avenue
Relief from Chapter 2, Zoning, Section 5.D.2.a. of
the Land Development Regulations, requiring a
minimum rear setback of 20 feet, to allow a 7-foot
variance, resulting in a 13-foot rear setback for a
solid-roof screen enclosure on property zoned R-1-
A.
Chair Wische read the request for relief for setbacks to accommodate a solid screen
enclosure.
Kathleen Zeitler, Planner reviewed the item and provided the project location. She
indicated a screen enclosure with a solid roof must comply with the setback
requirements for the zoning district and indicated the structure presently encroached
seven feet into the rear yard setback.
Staff reviewed the request against the criteria that needed to be met before the board
could grant a variance and announced there was no hardship. She cautioned granting
the request would set a precedent and could be construed to condone construction of
improvements without proper permits and inspections, and asking for forgiveness after
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the fact. Ms. Zeitler advised the hardship appeared to be self-imposed and the request
could be avoided by replacing the solid roof on the screen enclosure with a screen roof.
Staff recommended denial of the request.
Steve and Anna Jenkins, 306 SW 5th Avenue, were present. Mr. Jenkins admitted,
as it was brought to the attention of the board, that as the homeowner he should have
been familiar with the laws and regulations of the City. He advised he purchased the
home in 2002 with the screen enclosure and roof already there. Hurricane Francis
knocked the structure down. He contracted with J. White to have the enclosure put
back up. J. White advised Mr. Jenkins he had a permit and had applied for the permit.
The patio was replaced and a year later Mr. Jenkins was advised he was in violation of
the Code.
The home was constructed in 1973 with the enclosure pre-existing and all he did was
replace a damaged existing structure. He had no knowledge of the Codes and did
everything the City asked him to do. He applied for the variance. He advised the Code
Compliance Officer informed him he did not need to attend the Code Compliance Board
meeting and directed him to the City Engineer's office to ask for a permit. He has been
dealing with this for two years. He announced his neighbors do not even know they
have a patio enclosure. The matter arose because he had the contractor go down
legally to obtain a permit and the contractor never advised him the permit was denied.
Anna Jenkins testified they heard nothing from the contractor advising he could not
obtain a permit but could apply for a variance. Ms. Jenkins indicated the contractor was
fined and Mr. Blasie, Code Compliance Administrator requested she bring in her
contract, the cancelled checks and anything else she had to assist them with the issue.
She researched the issue and in 1977, a permit for the patio slab was issued. There
was never a permit pulled for the enclosure and Ms. Jenkins further emphasized the
contractor failed to apprise them there was never a permit for the enclosure to begin
with. The patio was the reason why they purchased the home and where they spent
their time.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Ms. Jaskiewicz announced she visited the home and tried to view the structure but there
was a privacy fence. She drove behind the home and the structure was not visible. She
noted the home was not the only home with a hard roof on the enclosure in that area.
She expressed if they applied for a variance before the structure was put up, she could
see no reason why it could not be granted and she did not feel granting the request
would be setting a precedent. The board would be dealing later with a Planned Unit
Development modification that had far less square feet and homeowners could build
closer to the setbacks than this request.
Ms. Jaskiewicz commented replacing the screen with the hard roof does not serve the
same purpose as a screened roof. She disagreed with staff and thought an allowance
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January 23, 2007
should be made and the variance granted. She emphasized the permits, fees and
inspections were put in place and thought investigating why Mr. White did not get the
permits would be appropriate. Ms. Jaskiewicz contended Mr. White should be
responsible for it.
Ms. Zeitler pointed out the City was aware the contractor failed to inform the
homeowner they had not obtained the permits. She pointed out, however, when
homeowners hire contractors, they are responsible for ensuring the proper permits and
inspections occur. She reported the permit issued in 1977 for the patio slab was for an
open patio, and was not structurally engineered to support a solid roof.
Mr. Cwynar took exception that comments about the patio were included in the report
that were not factual. He indicated comments not confirmed as fact should not be
contained in the report or put on the record
Mr. Casaine thought the rules in place should be respected and individuals should be
responsible. In this instance there was a roof on the patio prior to the storm damaging
it. He was familiar with the area and noted there were other such structures. He
thought if the homeowner was replacing something in existence prior to the purchase,
an exception should be made. Mr. Casaine recognized something went wrong in the
process, and there was not an inspection when they purchased the property. He felt
granting an exception in this instance would be fair.
Mr. Saberson complimented staff for applying the criterion in the Code against the
project. The structure was an illegal structure and never permitted. He indicated if a
permit was not obtained to rebuild it, the structure was still illegal. He agreed it was the
owner's responsibility to ensure permits and inspections for the structure took place, but
further indicated he had mixed emotions about the request. He agreed with comments
Ms. Jaskiewicz made earlier about the Planned Unit Development (PUD) modification
requests. He pointed out PUD requests provided blanket exceptions. When someone
applied for a variance on a single-family lot outside of a PUD, the standard variance
criteria is applied. He thought there were two different criteria and in this instance he
could support this request.
Ms. Grecvic commented the survey from 1982 showed the covered patio. Ms. Zeitler
advised they had records for all permits issued under the address, which were contained
in Exhibit D. A permit application for a new screen enclosure was applied for in 1997.
Fifteen years is how far back they can search on the microfilm. Ms. Grecvic inquired
what occurred in 1982 that warranted the survey. The staff records did not indicate any
permit activity for that year. Ms. Zeitler acknowledged the screen enclosure shown on
the survey did not have a permit and that there were multiple owners at the address.
Ms. Grecvic did not believe the applicants should be penalized.
Chair Wische asked staff if they were aware J. White applied for the permit, which was
not granted. Ms. Zeitler confirmed they were aware and that they spoke with Ms.
Jenkins about alternative options. The record reflected J. White was contacted twice to
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advise the permit was on hold until revisions could be made to the setbacks. The permit
was in the system for several months before it expired and at that time it needed to be
renewed and a letter generated advising the applicant of such.
Mr. Blehar commented this situation occurs frequently and prospective homeowners are
not made aware of such issues when the homes are listed. Ms. Grecvic, a realtor, took
exception to the comment. Mr. Blehar felt problems with property were never disclosed
to the buyer.
Attorney Tolces advised while realtors and builders have certain obligations to disclose,
the prospective homebuyer also had a concurrent obligation to conduct due diligence to
discover whether permits existed for the structure they were purchasing.
Motion
Mr. Cwynar moved to approve the request for relief from Chapter 2, Zoning, Section
5.D.2.a. of the Land Development Regulations, requiring a minimum rear setback of 20
feet, to allow a 7-foot variance, resulting in a 13-foot rear setback for a solid-roof screen
enclosure on property zoned R-1-A. Mr. Casaine seconded the motion.
Attorney Tolces recommended including in the motion they make a specific finding as
provided in Chapter 1.5, Article 1, Section 4.1D.1A-G, that the application for the
variance meets those requirements.
Vote
Mr. Cwynar amended his motion to incorporate the recommended language into his
motion. Mr. Casaine amended his second. The motion passed 6-1 (Mr. Blehar
dissenting).
B. The Learning Place II (SPTE 07-001)
Site Plan Time Extension
Description:
The Learning Place II (SPTE 07-001)
Scott and Catherine Freeland
Scott and Catherine Freeland
8518 Lawrence Road; east side of Lawrence Road,
immediately south of Citrus Cove Elementary
School and the LWDD L-21 Canal.
Request for a one (1) year site plan time extension
for site plan and Conditional Use (COUS 04-006)
approval granted on October 18, 2005, from
October 18, 2006 to October 18, 2007.
1.
Project:
Agent:
Owners:
Location:
Attorney Tolces administered the oath to individuals intending to testify who were not
previously sworn in.
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Chair Wische read the request and reminded the applicant that all prior conditions of
approval applied.
Scott Freeland, 10855 Canyon Bay Lane agreed to all the conditions of approval.
Kathleen Zeitler reviewed the request and explained financing caused the delay. Staff
recommended approval of the request subject to all prior conditions of approva, a traffic
analysis and notice of concurrency approval be provided prior to the issuance of a
building permit.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Motion
Mr. Casaine moved the request for the one (1) year site plan time extension for site plan
and conditional use approval granted on October 18, 2005, from October 18, 2006 to
October 18, 2007 be approved with all staff conditions. Mr. Cwynar seconded the
motion that unanimously passed.
C. Fire Station #5
Community Desian Plan ADoeal
Description:
Fire Station #5 (CDPA 07-001)
David Stump, Project Manager, Engineering
Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High
Ridge Road, south of Gateway Boulevard
Request for Community Design Plan appeal
approval to allow overhead bay doors to face High
Ridge Road.
1.
Project:
Agent:
Owners:
Location:
Chair Wische read the item and announced the request would allow the overhead bay
doors to face High Ridge Road.
David Stump, Sr. Project Manager for the City of Boynton Beach, explained the
operating doors would directly face High Ridge Road. In the process, they developed an
hourglass concrete outlet onto High Ridge Road to minimize the view with the doors
being open. He explained the main issue was that during emergency situations, timing
was of the essence. It was practically impossible to utilize a side entry garage with the
size of the vehicles. They added extensive landscaping in the area.
Ed Breese, Principal Planner, announced staff recommended approval of the request
based, in part, with the response time. With the addition of the hourglass driveway,
additional landscaping, and construction of pilasters between the doors, the fa<;ade was
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no longer one solid fa<;ade. He advised there had been other design appeal approvals in
the general area for the same thing and staff had no objections to the request.
Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische
closed the public hearing.
Motion
Ms. Jaskiewicz moved to approve the request for community design plan appeal
approval to allow overhead bay doors to face High Ridge Road. Mr. Casaine seconded
the motion that unanimously passed.
Fire Station #5
Community Design Plan ADDeal
2.
Project:
Agent:
Owners:
Location:
Description:
Fire Station #5 (NWSP 07-002)
David Stump, Project Manager, Engineering
Division
City of Boynton Beach
Quantum Park lots 81 and 82; east side of High
Ridge Road, south of Gateway Boulevard
Request new site plan approval to construct a two-
story 42,739 square foot fire rescue station to also
include Fire Administrative offices, ITS, the
Emergency Operation Center (EOC) and related
site plan improvements on a 4.47-acre site zoned
Planned Industrial Development (PID).
Chair Wische read the request for new site plan approval and asked the applicant if they
agreed with the conditions of approval.
Mr. Stump agreed with all the conditions of approval.
Mr. Breese reviewed the request and displayed an aerial photo of the site. He reviewed
the north part of the property was City owned and was Phase II, which would come
before the board in the future. The facility would also serve as the Emergency
Operations Center and ITS department. The project was designed with lots of
landscaping to mask the doors. Staff recommended approval of the request subject to
all 26 conditions of approval.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Mr. Cwynar asked if this was a duplication of the fire station on Woolbright Road. Mr.
Stump responded this was a completely different center. Mr. Cwynar asked how much
additional cost was involved with the hourglass driveway. Mr. Stump explained the
concrete work was less costly.
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January 23, 2007
Anderson Slocum, architect for the project, explained the building was a five bay
station. With all the concrete, the building was harsh. They softened the entrance up
and addressed comments from Quantum Park about exposure of the apparatus directly
from the street. The design was actually cheaper, and was designed as a category five
hurricane building.
Ms. Jaskiewicz commented the hourglass driveway criteria could meet some of the art
criteria.
Motion
Mr. Cwynar moved the request for new site plan approval to construct a two-story
42,739 square foot fire rescue station to also include Fire Administrative offices, ITS, the
Emergency Operation Center (EOC) and related site plan improvements on a 4.47-acre
site zoned Planned Industrial Development (PID) be approved subject to all staff
comments. Ms. Jaskiewicz seconded the motion that unanimously passed.
D. Citrus Park
Master Plan Modification
1.
Project:
Agents:
Owner:
Location:
Description:
Citrus Park (MPMD 07-001)
Marilyn Bonora, Prime Management Group
Wendy and Ross Cooper
Prime Management Group
Citrus Park PUD; south of Miner Road and east side
of Lawrence Road.
Request for a master plan modification to reduce
the minimum side yard setback for swimming pools
from twelve (12) feet to four (4) feet and the
minimum side yard setback for screen-roofed
screen enclosures from twelve (12) feet to three
(3) feet on the non-zero side of certain lots.
Chair Wische read the request for swimming pools and noted there were three staff
comments associated with the item. Mr. Cooper, Agent for the project responded they
were in agreement with all comments.
Mr. Breese reviewed in 2005 there was a request for a very specific floor plan and this
item mirrored that request. He explained the Homeowners Association asked staff to
identify other lots in the development for the same potential. Staff recommended the
same criteria apply to all the other typical type lots in the development short of those on
curvatures with the larger back yards and larger sides that can meet the current day
regulations of the PUD. Staff recommended approval of the request.
Chair Wische opened the floor to public hearing. No one coming forward Chair Wische
closed the public hearing.
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Mr. Saberson took issue with blanket, or de facto, approvals occurring within PUDs. The
earlier applicants with the single-family home who applied for a variance had rigid
variance criteria applied against them. Here it was a HOA, and not individual property
owners, asking for a blanket variance. The criteria applied to the single-family variance
did not apply to this at all.
Mr. Saberson spoke about other homes abutting the PUD. Mr. Breese explained
property owners were noticed up to 400 feet, outside and inside the development. In
this particular instance these were side setbacks being applied against units inside the
development, not rear setbacks affecting outside property owners. Mr. Breese clarified
this was a master plan modification only for side yards, for all the lots except for those
on corners and those with pie shaped lots. This request was granted for 33 of the lots
in 2005.
The board further discussed the difference between this request and a variance, was
this development was a PUD and the HOA endorsed the change. The Jenkins request
with the single-family property affected other property owners. Mr. Saberson thought at
some point, the board should review these modifications.
Ms. Jaskiewicz commented the request seemed extreme. Mr. Breese explained the Code
required three feet from the screen room from a wall of an adjacent unit and four feet
from a pool. The Code did not require access on all four sides of a pool, therefore the
screened room could be brought right up to the decking and coping of the pool. This
request applied to the non-zero lot line side.
Mr. Blehar asked if Mr. Cooper could produce 113 signatures from within the
community. Mr. Cooper explained the Homeowners Association signed off on the
request. Mr. Blehar noted the request might not have been unanimous.
Chair Wische clarified it was the majority or whatever percentage was specified in the
bylaws that counted with the Homeowner Associations. Mr. Blehar understood, but
commented homeowners purchasing homes under certain conditions might be
disappointed.
Motion
Mr. Casaine moved the request for a master plan modification to reduce the minimum
side yard setback for swimming pools from twelve (12) feet to four (4) feet and the
minimum side yard setback for screen-roofed screen enclosures from twelve (12) feet to
three (3) feet on the non-zero side of certain lots be approved with all staff conditions.
Mr. Cwynar seconded the motion that passed 5-2 (Ms. Jaskiewicz and Mr. 8/ehar
dissenting).
E. Polio Campero
New Site Plan
1.
Project:
Polio Campero (NWSP 07-003)
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January 23, 2007
Agent:
Owner:
Location:
Description:
Oscar Tazoe, Kimley-Horn & Associates, Inc.
1950 Congress Avenue LLC
Boynton Town Center; east side of Congress
Avenue, approximately 820 feet north of Old
Boynton Road.
Request for new site plan approval to construct a
3,289 square foot drive-through restaurant and
related site improvements on out lot #4 of the
approved Boynton Town Center project.
Chair Wische read the request into the record.
Oscar Tazoe, 4148 Lake Tahoe Circle, West Palm Beach and the agent for the project,
agreed with all 24 staff comments.
Mr. Breese reviewed the project, which was located immediately north of the Red
Lobster Restaurant. The property was out lot four, of the Target shopping center, which
was part of the Boynton Town Center. The site had three points of ingress and egress
and staff worked with the applicants on the elevations. This was the last building
between the out parcel and main street portions. They tried to match and make the
transition in building elevations between the two sections. Staff complimented the
applicants on their diligence in the project and recommended approval subject to all
conditions of approval.
Mr. Enrique Kaufer, 3640 Yacht Club Drive, Aventura, explained they had about 250
restaurants worldwide. This was the first restaurant in Florida and there were another
25 establishments within the United States. The quality would be equal or better than
the Guatemala City location. It was noted both Mr. Casaine and Ms. Jaskiewicz were
familiar with the restaurant and they both appreciated the color renderings of the
project and were happy to see the tower.
Motion
Mr. Casaine moved approval of the request for new site plan approval to construct a
3,289 square foot drive-through restaurant and related site improvements on out lot
four of the approved Boynton Town Center project with all staff conditions. Ms. Grecvic
seconded the motion that unanimously passed.
F. Banks in Quantum Park
Use ADDroval
1.
Project:
Agent:
Owner:
Location:
Banks in Quantum Park (USA) 07-001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park
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January 23, 2007
Description:
Request to amend the list of approved uses for the
Quantum Park Planed Industrial Development (PID)
to include banks.
Chair Wische read the request to amend the list of approved uses.
Mr. Jared Weiner, 7000 Island Boulevard #2208 Aventura and Agent for the project
was present.
Mr. Weubben, Planner, advised staff reviewed the project and compared it against
criteria listed in Section 4.N of the Zoning Regulations and found no conflicts.
Accordingly, staff recommended approval.
Chair Wische opened the floor to public comments. No one coming forward, Chair
Wische closed the public hearing.
Ms. Jaskiewicz asked about the pancake house. The applicants did not know where
they would go, but commented they would be retrofitting the existing building.
Mr. Blehar inquired about the north/south property line and parking. Mr. Weiner
explained there was a cross access easement agreement for parking with the property
owners to the west of the building.
Motion
Ms. Jaskiewicz moved the request to amend the list of approved uses for the Quantum
Park Planned Industrial Development (PID) to include banks be approved. Mr. Casaine
seconded the motion that unanimously passed.
Quantum Park Lot 1
Maior Site Plan Modification
2.
Project:
Agent:
Owner:
Location:
Description:
Quantum Park Lot 1 - OPH Bank (MSPM 07-
001)
Jared Weiner, PEBB Enterprises
OPH Boynton Realty, L.c.
Quantum Park Lot 1; north side of Gateway
Boulevard, east of Congress Avenue. (Original
Pancake House).
Request for major site plan modification to convert
the existing 4,710 square foot restaurant to a 5,267
square foot bank on a 1.15-acre parcel zoned
Planned Industrial Development (PID)
Chair Wische read the request and asked the applicants if they were in agreement with
all 23 staff comments.
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January 23, 2007
Mr. Weiner agreed to the conditions of approval.
Mr. Weubben, Planner, announced the Utilities Department indicated there would be no
impact on their operations as a result of the request. The Engineering Department
indicated specific drainage solutions would be deferred until the time of permit review.
The traffic concurrency letter was still needed from the county. Staff was satisfied with
the landscape plan and recommended approval subject to all conditions.
Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische
closed the public hearing.
Mr. Casaine asked if the modification was towards the rear of the building. Mr. Weiner
responded it was; they were adding a drive through and that was why there was a
difference in square feet.
Ms. Jaskiewicz asked about the condition related to art. She asked what was an art
installation and what the definition of art was. Mr. Weubben explained the applicant
wanted to pay the fee in lieu of providing the art. It was explained the City had a panel
to handle the matter.
Motion
Mr. Cwynar moved the request for major site plan modification to convert the existing
4,710 square foot restaurant to a 5,267 square foot bank on a 1.15-acre parcel zoned
Planned Industrial Development (PID) be approved subject to all comments. Ms.
Jaskiewicz seconded the motion that unanimously passed.
8. Other
None.
9. Comments by members
Chair Wische announced Vice Chair Hay had contacted him to indicate he was not
available to attend the meeting. His sister Lillian Artis had surgery two days ago and
was on a respirator at Bethesda Hospital. The family was with her and Vice Chair Hays
called to excuse himself and let the board know and to pray for her.
Mr. Charles Vlamynck, 922 SE 3rd Street, came forward and commented he was
trying to go through the normal channels to receive some answers, but had been
unsuccessful. He was aware of the current development on SE 3rd Street between 6th
Avenue and what could be construed as 13th Avenue by the old lumberyard. He
explained there were utility markings on the street denoting where the meters were. He
wanted to know what was being planned.
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January 23, 2007
Attorney Tolces advised the board only addressed projects for development approval.
He suggested Mr. Vlamynck speak with the City Manager's Office or the Planning and
Zoning Department. Mr. Vlamynck indicated he contacted the Planning and Zoning,
Utilities, and Engineering Departments. Mr. Vlamynck was further directed to the City
Commission and the Community Redevelopment Agency.
10. Adjournment
There being no further business to discuss, the meeting properly adjourned at 7:52 p.m.
Respectfully submitted,
(l CLVJI,1J.' J-{uhOjmiLr1
Catherine Ch ry-Guberman
Recording Secretary
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