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HomeMy WebLinkAboutMinutes 09-12-00 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING 0 -- HELD HELD IN THE LIBRARY PROGRAM ROOM 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 12, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman Mike Rumpf, Planning & Zoning J. Stanley Dube, Vice Chair Director Robert Ejisler, Alternate Nicholas lgwe, Assistant City Larry Finkelstein. Attorney Mike Friedland Hannah Matras, Economic Woodrow Hay Research Analyst Steve Myoft Dick Hudson, Senior Planner Maurice Rosenstock - ABSENT Pat Frazier, Alternate 1. Pledge of Allegiance Chairman Wische called the meeting to order at 7:00 p.m.. and asked Vice Chair Dube to lead the Board and audience in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board members; Nicholas lgwe, Assistant City Attorney; the Recording Secretary; Mike Rumpf, Director of Planning & Zoning; Hannah Matras, Economic Research Analyst; and Dick Hudson, Senior Planner. 3. Agenda Approval Motion Vice Chair Dube moved to approve the agenda. Motion seconded by Mr. Finkelstein, which carriedunanimously. 4. Approval of Minutes Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 Motion Vice Chair Dube moved to approve the minutes of the August 22, 2000 meeting. Motion seconded by Larry Finkelstein, which carried unanimously. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of August 22, 2,000 Planning and Development Board meeting agenda items. Mr. Rumpf reported on the disposition of the following items by the City Commission at their September 6, 2000 Meeting: (1) Oriana Granite variance request was approved. (2) The Harbor Estate rear setback variance was approved. (3) The Bed and Breakfast text amendment was approved on first - reading. B. Announcement 1. Comprehensive PlanWorkshop following the Planning and Development Board meeting Mr. Rumpf announced that. the workshop would go forward this evening at the conclusion of the meeting and he had prepared a package for the members, which was included in the agenda packet. Mr. Rumpf stated if the hour became too late, the workshop could be continued to the next scheduled meeting. In addition, Ms. Matras distributed to members an Overview on Apartment Housing. Chairman Wische said he could' not be prepared to discuss a topic if the information is handed out at a meeting. Since he has not been afforded an opportunity to read and study the material, he was not in favor of discussing the issue. When the subject is brought up, he will ask for a consensus from the Board on whether to move forward in discussing the handout. 6. Old Business _ A. PUBLIC HEARING Zoning Code Variance 2 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 1. Project Name: Mark Daly Agent: Burl Gentry, Gentry Engineering & Surveying, Inca Owner: Mark Daly Location: East Railroad Avenue, south of SE 8t" Avenue Description: Request relief from Chapter 2, Zoning, Section 6, C.3, requiring a minimum lot frontage of 75 feet to allow a 45 foot variance or a minimum lot frontage of 30 feet within the C-3 zoning district Mr. Burl Gentry, Gentry Engineering & Survey, Inc, 1005 S. Congress Avenue, Delray Beach, Florida assumed the podium. Chairman Wische noted that staff recommended approval and asked if any Board members had any comments. Mr. Finkelstein, asked about the exact location of the property to which Mr. Gentry responded. There were no other comments. Chairman Wische asked Assistant City Attorney lgwe to administer the oath to all persons who would be testifying. Chairman Wische opened up the public hearing. Since no one wished to speak, the public hearing was closed Motion Vice Chair Dube moved to approve the request for relief from Chapter 2, Zoning, Section 6, C.3, requiring _a minimum lot frontage of 75 feet to allow a 45 foot variance or a minimum lot frontage of 30 feet within the C-3 zoning district, subject to all staff comments. Motion seconded by Mr. Rosenstock and carried 7-0. Abandonment . 2. Project Name: Agent: Owner: Location: Mark Daly Burl Gentry, Gentry Engineering & Surveying, Inc. Mark Daly East Railroad Avenue, south ofSE8th Avenue 3 - Meeting Minutes r Planning & Development Board Boynton Beach, Florida September 12, 2000 Description: Request for abandonment of that portion of East Railroad Avenue between S.E. 10th Avenue and S.E. 8th Avenue Mr. Burl Gentry remained at the podium. Chairman Wische noted there were five staff comments and requested the agent only to address the comments to which he didnot agree or needed clarification. Mr. Gentry stated they agreed with all staff comments. Mr. Finkelstein asked if staff received any comments from the neighbors and Mr. Rumpf said there were none. Chairman Wische opened up the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Chair Dube moved to approve the request for abandonment of that portion of East Railroad Avenue between S.E. 10th Avenue and S.E. 8th Avenue for Mark Daly, subject to all staff comments. Motion seconded by Mr. Friedland and carried 7-0. B SUBDIVISION Master Plan Modification 1. Project Name: Lawrence Oaks PUD (DeStefano) Screen and Pool Setbacks Agent: Peter DeStefano, President of Lawrence Oaks Homeowners Association, Inc. Owner: Lawrence Oaks Home Owners Association Location: 2440 Woolbright Road Description Request for master plan modification- to reduce screen enclosure setbacks from two (2) feet to zero (0) feet and poolsetbacks from five (5) feet to one (1) foot for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 Chairman Wische stated staff recommends approval since the change is not substantial. Mr. Peter DeStefano, President of Lawrence Oaks Homeowners Association, 7805 Manor Forest Lane, Boynton Beach assumed the podium. Chairman Wische opened up the public hearing. Mr. Larry Duffy, 7834 Manor Forest Boulevard, Boynton Beach said the plat that was submitted for the change to the buffers has requirements for the oak trees. Mr. Duffy would like assurances that the Association will be responsible for enforcing all ordinances and rules regarding the oak trees. Mr. Rumpf replied that these two issues are not related. Mr. Duffy said he was under the impression that staff asked that comments be placed on the plat specifically related to the oak trees and he did see the comments on the plat. Mr. Rumpf stated because this comment is not related to the application, it was not retained and was. stricken. This was an original comment from Kevin Hallahan. There were no other comments from the public. Therefore, Chairman Wische closed the public hearing. Mr. Rosenstock asked about the certainty of the oak trees and if they would be maintained. Mr. DeStefano stated that originally there was an agreement between the County and the developer that the developer was to maintain the oak trees. Mr. DeStefano stated that when the, association took over, the association agreed to maintain the oak trees. Motion Mr. Friedlandmoved to approve the request for master plan modification to reduce screen enclosure setbacks from two (2) feet to zero (0) feet and pool setbacks from five (5) feet to one (1) foot for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD. Motion seconded by Mr. Hay and carried 7-0. 7. New Business A. PUBLIC HEARING Abandonment 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 1. Project Name: Daise Temple Church of God in ChrisA Agent: Daise Temple Church of God in Christ Owner: James Gibbons/Bernett Bell/Anderson Lindsey Location: Alley on east side of 340 NE 12th Avenue Description: Request for abandonment of a 90 -foot segment of right-of-way for NE 3rd Street, lying south of NE 12th Avenue Chairman Wische stated that staff has recommended denial. Mr. Finkelstein noted that the Engineering Department plans to lay fiber optic communication cables along the entire length of the street and asked where this installatign would begin and where it would end. Mr. Rumpf was not certain, but thought it would be somewhere south of 10th Avenue heading north to 13th. It is anticipated that it would run from the Public Work's compound ending at the tower site of the old wastewater treatment plant. Mr. Rumpf said that this was determined late in the application process and prior to obtaining this information it was determined that the City is formalizing a redevelopment plan for the MLK area. if this item moved forward, it would sever a plated street that may be _ included in the redevelopment plan. Staff did consider postponing the request, but was not sure how it could be reconsidered and thus the recommendation for denial was made. After the formal redevelopment plans are known for that area, the application could be brought up again. Mr. Finkelstein noted that on Exhibit B there is a 5' chain link fence and asked if this were abandoned or if itlencroached on the alley? Mr. Rumpf was not certain, but said it was probably an encroachment. Vice Chair Dube asked if the applicant was aware of staffs concerns of the redevelopment of MLK at the time they made application? Mr. Rumpf stated they were not and at the time when the application was filed the only thing happening on MLK was the corridor plan itself. Now the City is considering moving forward with a master plan to be prepared by an outside consultant. Vice Chair Dube inquired if the matter could be postponed and reheard at a future date without the applicant incurring any additional fees, since staff is recommending denialfor a reason that the applicant had not been aware of. Chairman Wische asked the applicant to take the podium. Reverend Jonas Gibbons, 340 NE 12th Street, Boynton Beach stated he was the Pastor for the Daise Temple and said they have concerns about the condition of thestreetwhich is not paved and in very poor condition. Also, Rev. Gibbons stated they would like to remodel their church and need part of the 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 92, 2000 street for this purpose. Further, the church is too close to the street and he would like to see the street eliminated instead of being upgraded. Mr. Rumpf said that staff had the same concerns that Vine Chair Dube expressed about reactivating the application. Mr. Rumpf said that if the Board wished, the applicant: would only have to pay for the advertising cost and not the entire application fee. Mr. Rosenstock asked who determines who pays the fee and stated that if this applicant had been aware at the time of application that the City had plans for this right-of-way, they would not have applied for the abandonment. Mr.. Rosenstock felt the applicant should be given a total refund. Mr. Rumpf said that this 'request would probably have to be made to the Commission. Mr. Rosenstock would like included in. the motion that a recommendation be made to the City Commission that the entire fee be returned to the applicant. There were no other comments from the public. Therefore, Chairman Wische closed the public hearing. Mr. Ensler inquired how close the building was to the property line and Rev. Gibbons stated about 8'. Motion Vice Chair Dube moved that the Board not recommend approval of the request for abandonment of "a 90 -foot segment of right-of-way for NE Td Street, lying south of NE 12th Avenue and that in addition consideration be given to the applicant to refund all monies paid by the applicant due to the circumstances involved in the redevelopment of that area. Motion seconded by Mr. Finkelstein and carried 7-0. B. SUBDIVISION Master Plan Modification 1. Project Name: Isles of Hunters Run Agent: John M. Contant, Project Manager, Home Development Corp. of South Florida Owner Andrew Steinberg/ President, Home Development Corp. of South Florida Location: West of Congress Avenue and north of Summit Drive in the Hunters' Run PUD Description: Request for master plan Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 screen enclosure setback for back- loaded pools on the non -zero side from ten (10) feet to eight (8) feet to coincide with related building codes; Mr. Andrew Steinberg, 101 West Lake Drive, Boynton Beach, Florida assumed the podium. Chairman Wische noted that staff is recommending approval since this is not a substantial change. There were no comments from the Board or the public. Motion Mr. Finkelstein moved to approve Item 7.13.1, request for master plan modification approval to change the screen enclosure setback for back-loaded pools on the non -zero side from ten (10) feet to eight (8) feet to coincide with related building codes, including staff comments. Motion seconded by Vice Chair Dube and carried 7-0. C. SITE PLAN New Site Pian 1. Project Name: Quantum Lots 21 and 21 B Agent: Winston Lee, Winston Lee & Associates, Inc. Owner: Quantum Limited Partners, Ltd. c/o Cohen, Norris, Scherer, Weinberger & Harris Location: Lots 21 and 21 B, Quantum Park PID Description: Request for new site plan approval to construct a 17,579 square foot professional office building located on 2.13 acres Mr. Winston Lee, 1532 Old Okeechobee Road, West Palm Beach, Florida assumed the podium. Chairman Wische noted there were 10 staff comments. The applicant stated they agreed with all staff comments. Mr. Finkelstein noted there was a typographical error on page 2 of the back-up material in the paragraph entitled "Parking Facility" and that the words "one-half' in the third line from the bottom of that paragraph. should be deleted, to which the applicant concurred. 8 r Meeting Minutes Planning & Deve Boynton Beach, ment Board mber 12, 2000 Chairman Wische announced the public hearing. Since there were no comments from the public, Chairman Wische closed the public hearing. Motion Mr. Hay moved to approve the request for new site plan approval to construct a 17,579 square foot professional office building located on 2.13 acres, subject to all staff comments. Motion seconded by Vice Chair Dub6 and carried 7-0. 2. Project Name: Agent: Owner: Location: Description: Quantum Lot 50B (Gale Industries) Michael J. Jaroch, c/o Bentley Architects & Engineers, Inc. Gale Industries, Inc. Lot 50B Quantum Park PID Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres Mr. Carlos ' Ruiz, 1421 Pagoda Street, Coral Gables, Florida, representing the Collage Companies, took the podium and stated he was present for the architect. Chairman Wische noted that there were 20 staff comments. Mr. Ruiz stated the comments that he had received listed 33. He was furnished with a new list of comments and reviewed them. He concurred with all staff comments. Mr. Myoft asked about the redesign of the elevations and Mr. Ruiz said they have not received final comment from the Quantum Review Board. He said they would look at the elevations again when he receives the comments from the Quanturn Review Board. Also, Mr. Myoft stated he knew of no metal buildings in Quantum Park and said he would oppose any exposed metal on the building and would like to see detailing on all four sides., Mr. Rosenstock asked what the alternative water source would be for irrigation since City water cannot be used. Mr. Ruiz stated water would be taken from a canal in the rear of the property. Mr. Myoft said that the colors of the building and the signage would have to come back to the Board. Mr. Ensler stated he would have preferred that the item go to the Quantum Architectural Review Committee first before it came before this Board. Mr. Ruiz stated it has been submitted and is in the process of being reviewed. Mr. Rumpf stated that the majority of the projects are going through review with Quantum concurrently with the City. This is the responsibility of the applicant. Mr. Rumpf stated these were two separate processes. Members felt that it should have gone to the Quantum Board first. 0 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 Mr. Finkelstein inquired what would happen if the Quantum Architectural Review Board made changes after this Board approved the project. Would it come back to this Board? Mr. Rumpf stated only if the changes were major. Mr. Friedland requested that the item be postponed for two weeks until everything was known and the Quantum- Architectural Review Board had reviewed the project. Mr.. Ruiz said there were certain contractual obligations that might create a problem with a 2 -week delay. Mr. Rosenstock asked what the building would look like and Mr. Ruiz replied that the building would be white with a blue accent color similar to what is being shown tonight. Mr. Myott would like to see the building redesigned to conform to the quality of the projects already in Quantum Park. Mr. Finkelstein read the commentdealing with the design of the building. Mr. Rumpf said that staff could only suggest that enhancements be added to the project to match the level of quality already existing: Mr. Ruiz said there is a timeframe to have the building ready for use and that a two week delay could amount to a couple of months. Chairman Wische did not agree with this comment. Mr. Rumpf acknowledged that an additional week might be added to the two-week delay, but there would not be a two-month delay. 'Mr. Myott requested to address Mr. Tom McGillicuddy and Assistant City Attorney Igwe administered the oath to Mr. McGillicuddy. Mr. Tom McGillicuddy, 1902D, Palmland Drive, Boynton Beach assumed the podium and said he is employed by the Quantum Companies and is a member of the Architectural Review Committee (ARC). Mr. Myott asked him if the Committee has looked at the elevations and he stated they have not completed their review. Mr. Rosenstock asked who owns the land and was informed that the applicant has closed on the property. Mr. McGillicuddy also agreed that the applicant should have ARC approval before coming to the P&D Board, although he anticipates no problems. After discussion, Mr. Ruiz requested that the item be postponed for two weeks Motion Mr. Rosenstock moved to postpone the new site pian request for Quantum Lot 50B (Gale Industries) to. the P&D meeting scheduled for September 26th. Motion seconded by Mr. Friedland and carried 7-0. 10 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 Mr. Rumpf asked Mr. McGillicuddy to explain to the Board what the ARC process involves. Mr. McGillicuddy gave a brief overview of an ARC review for the benefit of the members and the applicant. Mr. Rosenstock inquired who appoints the ARC Committee and Mr. McGillicuddy stated that the Quantum Park Property Association appoints them. Mr. Ensler would like to have it a requirement that an applicant go through the ARC review before coming to the City and Mr. McGillicuddy felt it should also be handled this way. Mr. Hay requested when the project comes back in two weeks that more detail be presented. 8. Other Discussion: 1. Proposed Wall Mural Regulations Chairman Wische said that approval of all murals should come before the Planning and Development Board in the same manner that signs must be approved. He does not feel that murals should be approved by a design review committee that is being proposed. Mr. Rosenstock inquired if this discussion would be a continuation of the meeting and it was decided that it would remain as part of the meeting. A recess was called at 7:55 p.m. The meeting reconvened at 8:00 p.m. Chairman Wische left the meeting due to illness and Vice Chair Dube presided. Mr. Rumpf asked members to refer to the proposed ordinance included in their agenda packets. Mr. Rumpf noted that there are no provisions covering wall murals in the City and there are currently wall murals already existing downtown. It is important to have some regulations in place to avoid worst case scenarios. The ordinance was prepared by utilizing ordinances from other municipalities and was drafted by the Planning team. It was then referred to a committee comprised of people studying the need for a downtown art committee. Vice Chair Dube was not certain that there was a need for wall murals to be brought ,to the P&D Board. Currently wall murals begin by application to the Building Department, if at all; and then it gets reviewed. Mr. Rosenstock said he has a lot of questions regarding the proposed ordinance. Meeting Minutes Planning & Development Board Baynton Beach, Florida September 12, 2000 Mr. Rosenstock asked where it was stated that a person must apply for a permit to place a mural on a building? Mr. Rumpf replied that it is not stated and therefore a permit is not necessary. Mr. Rosenstock would like it included in the ordinancethat a permitmust be required. Also, standards should be established for murals with regard to content, size, colors, etc. even before a permit is applied for. Mr. Rumpf asked Mr. Rosenstock what his intent was and did: he feel that a permit document should be created .or a fee charged? Mr. Rosenstock said that the Commissioners should determine this. Mr. Rumpf stated that administrative approval is included in -the ordinance. Mr. Myott suggested that murals be handled in the same manner as a sign permit. Mr. Rosenstock wanted to make sure that murals are reviewed by the Planning and Zoning Department before coming before the P&D Board. Mr. Rosenstock inquired how staff would determine what "geographic area" a mural would be related to. Mr. Rumpf stated that a theme concept is being discussed by a downtown Committee. Mr. Rosenstock said that First Amendment issues could occur and could result in suits. He further suggested that the ordinance needs more legal study before being presented. Mr. Rosenstock suggested adding that there would be no religious connotation of any kind permitted on any mural. Also, Mr. Rosenstock inquired how the City planned to address the issue of nudity if it should ever arise. Mr. Rosenstock said that the City should declare a moratorium on any new murals to be put up until a City Ordinance is enacted within the next 12 months. Mr. Ensler said he agreed with Mr. Rosenstock and questioned why the City might be asking for a great deal of trouble just to put up a few murals. Further, Mr. Ensler felt that downtown could look very nice without murals and that murals were not necessary. Attorney Igwe pointed out that the Board has received a preliminary draft of an ordinance, which is still under review by the City.Attorney's Office. Mr. Friedland also felt that murals were not necessary and would not like to see any murals downtown. Mr. Myott said that certain overlay districts should be considered for murals and he disagreed with the other- Board members. Mr. Myott felt there are appropriate places for murals and would like the P&D Board to review murals. 12 Tri Meeting Minutes Planning & Development Board Boynton Beach, Florida September12, 2000 Mr. Hay said he agreed with Mr. Myott and felt there were certain places for murals and felt the current mural downtown on U.S._1 was attractive. However, Mr. Hay does not want to have murals allowed throughout the entire City. Mr. Rosenstock noted it was important to get something in place to address murals in order to protect the City. Staff should put something in place for this purpose on a trial basis. Mr. Rosenstock said he has a problem with the Director of the Department and that people hours are being spent on this project When there is still no sign ordinance in place, which has been discussed for years and nothing is being done. Mr. Friedland pointed out that the old grandfathered signs should be addressed first and nothing is being done. Vice Chair _Dube felt that enough discussion had ensued for the Legal Department to look at the issue and the Board should wait until the Legal Department comes back with something. Mr. Myott said that there should be language included in the document that murals are not intended to take the place of landscaping or other architectural enhancements that might be more appropriate. Mr. Rosenstock complimented Mr. Rumpf on getting the document to the Board because now the Board has something that they can work with. Mr. Finkelstein said he is in favor of art in public places and is in favor murals. Mr. Finkelstein would like to see a pilot program put in place for a specific location based -on design parameters from the Vision 20/20 Plan. Mr. Rosenstock asked Mr. Rumpf if he has been instructed to address this issue? Mr. Rumpf stated that the Commission is anticipating the ordinance and it has been scheduled for first reading. Mr. Rumpf stated he will forward the Board's comments and recommendations and will suggest that the ordinance be postponed for (a) legal review and (b) further consideration. WORKSHOP ITEMS (addressed out of context B. Rental Development - Trends and Analysis (taken out of order) Motion Mr. Rosenstock moved to table the discussion on apartment housing that was furnished to the members. Motion duly seconded and unanimously carried. 13 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 Mr, Rumpf stated this could be addressed at another meeting and that the purpose of the overview on apartment housing was being furnished to the members for informational purposes. A. Comprehensive Plan Future Land Use Recommendations Vice Chair Dube asked if the Board wished to table this item until the next meeting. Mr. Rumpf replied that staff is continuing to review the code. Mr. Finkelstein noted that the workshop had been advertised. Motion Mr. Finkelstein moved to postpone the Workshop on the Comprehensive Plan to the next Board meeting, which was duly seconded and unanimously carried. Continuance of Regular Agenda Items 2. Proposed landscape code revisions (incorporation of Board comments) Mr. Rumpf requested that members refer to page 4 of the report regarding "reuse water". He pointed out that currently there. is limited availability.Mr. Rosenstock would like it mandated that all new construction have the proper irrigation hook-ups installed so that when reuse water is available, they would be able to hook up to the reuse water. Vice Chair Dube questioned if this would be appropriate for small developments. Mr. Rumpf said he would discuss this issue with Utilities and it might be better to have Utilities propose the policy. The following changes have been incorporated in the Code. Referring to Page 5, two comments have been inserted as follows: (1) the new caliper requirements have been reinserted and (2) the prohibition of the Ficus species was stated: A reference to fines has been included for "non-compliance of maintenance" and not just for installation. Also, tip -to -tip planting was discussed with the Forester and this is not a problem for hedges. 9. Comments by members None 10. Adjournment 14 Meeting Minutes Planning & Development Board Boynton Beach, Florida September 12, 2000 -There being no further business, the meeting properly adjourned at 8:40 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (2 tapes)