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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. 1 Meeting Minutes Planning and Development Boynton Beach, Florida 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: 2 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 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: 3 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 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 4 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 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 5 Meeting Minutes Planning and Development Boynton Beach, Florida 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 6 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 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. 7 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 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 8 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 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. 9 Meeting Minutes Planning and Development Boynton Beach, Florida 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. 10 Meeting Minutes Planning and Development Boynton Beach, Florida January 23, 2007 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) 11 Meeting Minutes Planning and Development Boynton Beach, Florida 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 12 Meeting Minutes Planning and Development Boynton Beach, Florida 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. 13 Meeting Minutes Planning and Development Boynton Beach, Florida 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. 14 Meeting Minutes Planning and Development Boynton Beach, Florida 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 012407 15