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Minutes 06-26-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE LIBRARY PROGRAM ROOM, BOYNTON'BEACH, FLORIDA ON TUESDAY, SEPTEMBER 26, 2000 AT 7:00 P.M. PRESENT J. Stanley, Dube, Vice Chairman Mike Rumpf„Planning &Zoning Director Larry Finkelstein Nick Igwe, Assistant City Attorney Mike Friedland Hannah Matras, Economic Research Analyst Woodrow`Hay Lusia Galav, Senior Planner Steve Myott Maurice Rosenstock Pat Frazier, Alternate (Voting) , ABSENT I, Lee Wische, Chairman Robert Ensler,-Alternate i;* Pledge of Allegiance Vice Chairman Dube called the meeting to order at 7:00 p.m., and led the Pledge of Allegiance to the Flag. r, 2� Introduction of the Board Vice Chairman Dube introduced the board members, the Deputy City Clerk, the Assistant City Attorney, and Mike Rumpf, Planning & Zoning Director, who introduced the Planning & Zoning Division staff. He announced that Chairman Wische isrecovering from knee surgery at Pinecrest. 311 Appointment of Acting Chairman in the absence of Mr. Wische and Mr. Dube i Due to the fact that the Chairman- and Vice Chairman have had numerous surgeries this year, Vice Chairman Dube requested the addition of this item to the agenda so that an acting Chairman would be in place if both the Chairman and Vice Chairman were absent in the future. Motion ; Mr. Friedland moved to nominate Maurice Rosenstock to the position of Acting Chairman. Mr. Hay seconded the motion. In response to Mr. Finkelstein, Attorney Igwe explained that the appointment would be appropriate and the length of the term would be pending the return of either or both the Chairman/Vice Chairman. It was confirmed for the board members that the Acting Chairman position is a temporary position. The AI,cting Chairman would take over in the absence of both the Chairman and Vice Chairman. . The vote was polled and the motion carried unanimously. Vie Chairman Dube advised that the reason why he wanted an Acting Chairperson appointed relates to tli fact that there are times when City staff must contact the Chairperson or Vice. Chairperson of the hard. Itis important to ensure that staff would have someone to contact if he or Chairman Wische were not available. 1 MEETING MINUTES PLANNING &'DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26, 2000 4. Agenda Approval. Mr. Hay moved to approve the agenda. Mr. Friedland seconded the motion that carried unanimously. 5. Approval of Minutes Mr. Hay moved to approve the minutes. Mr. Finkelstein seconded the motion. Vice Chairman Dube referred to the last paragraph on Page 11 of the minutes of the last meeting. ' He noted that the minutes state: "Vice Chair Dube was not certain there was a need for wall murals to be brought to the. P&D Board." Vice Chairman Dube couldn't imagine that was his statement since he considers wall murals the same as signs. He felt certain that he said they should be brought to the board like signs are brought to the board. The vote was polled and the motion carried unanimously. .. 6. Communications and Announcements A. Planning and Zoning Report 1) Final disposition of September 12, 2000 Planning and Development Board meeting agenda items. Mr. Rumpf reported on the City Commission action on Planning and Development Board agenda items as follows: Approved on Consent: Lawrence Oaks PUD Master Plan Modification for Pool Setbacks Mark Daly Variance Request Isles of Hunters Run Setback Modification on the Master Plan Quantum Lots 21-218 Site Plan Quantum Lot 50B (Gale Industries) was postponed: Public Hearingsi I r Mark Daly Abandonment was approved. Daise Temple Church of God in Christ abandonment was denied. The Commission will have staff work with the Church to come up with an agreement to allow minimal use of the right-of-way without interfering with it and the existing utilities. Ordinance Readings: e The Bed & Breakfast Ordinance was 'a roved on second reading. PP II 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26, 2000 ♦ The Mural Ordinance was approved on first reading. It will be postponed on second reading to incorporate the last comments that were received from the Legal Department. s The Landscape Ordinance was approved on first reading. Mr. Rumpf advised that he discussed the use of reuse water with the Utilities Department. It is their opinion that reuse water is far off in the future and they do not see a benefit to requiring something on individual' site plans at this stage. Projects could easily be retrofitted in the future. B. Announcement 1) Comprehensive Plan workshop following the Planning and Development Board meeting. 7. Old Business A. SITE PLAN New Site Plan r, ;Y 1. PROJECT NAME: QUANTUM LOT 505 (GALE INDUSTRIES) AGENT: Michael J. Jaroch c/o Bentley Architects & Engineers, Inc. OWNER: Gale Industries Inc. LOCATION: Lot SOB Quantum Park PID DESCRIPTION: Request 'for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres. Motion, Mr. Rosenstock moved to postpone this application at the request of the applicant until the October 101h meeting. Mr. Friedland seconded the motion that carried unanimously. 8i New Business A. PUBLIC HEARING At Vice Chairman Dub6's request, Attorney Igwe administered the oath to all that would testify during the quasi-judicial proceedings. Mr. Rumpf requested that the four Boynton Shoppes PCD items be postponed at the request of the applicant to the October 10"' Planning & Development Board meeting. Mo iion Mir. Rosenstock moved to postpone the four Boynton Shoppes PCD items (Items 8-A.1, 8-A.2, 8-A.3 and 8 113.1 to the October 10th meeting. 3 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26," 2000 Maior Master Plan Modification /Rezoning L PROJECT NAME: BOYNTON SHOPPESPCD (HEISE PCD) AGENT: Robert E. Basehart, Basehart Consulting, Inc: OWNER: Boynton Shoppes, LLC LOCATION: 1620 S. Congress Avenue DESCRIPTION: Request for Major. Master Plan Modification to allow for the construction of an additional 3,000 square foot building consisting of a 1,500 square foot fast food restaurant with drive-through and 1,500 square feet of retail space. Postponed,- See motion above. I Zoning Code Variance 2. PROJECT NAME: BOYNTON SHOPPES (Side Yard Setback) - AGENT: Robert E. Basehart, Basehart. Consulting, Inc, OWNER: Boynton Shoppes, LLC LOCATION: 1620 S. Congress Avenue r , DESCRIPTION: Request for relief from Chapter 2 Zoning, Section ' 5.F.7.e. requiring a minimum 30 -foot setback to allow a 12.5 -foot variance or a minimum 17.5 foot side yard setback within the Boynton Shoppes PCD., Postponed - See motion above. 3. PROJECT NAME: BOYNTON SHOPPES (Peripheral Greenbelt) AGENT: Robert E. Basehart, Basehart Consulting, Inc. OWNER: Boynton Shoppes, LLC LOCATION: 1620 S. Congress Avenue DESCRIPTION: Request for relief from Chapter 2 Zoning, Section 5.17.7.f. requiring a minimum ten (10) foot peripheral greenbelt within the PCD zoning district to allow a five (5) foot variance`ora minimum five (5) foot peripheral greenbelt along a` 230 foot portion of both the east and west property lines of the Boynton Shoppes PCD. Postponed - See motion above.' B. SITE PLAN New Site Plan IIS 1. PROJECT NAME: BOYNTON SHOPPES, AGENT: Robert E. Basehart, Basehart Consulting, Inc. OWNER: Boynton Shoppes, LLC LOCATION: 1620 S. Congress Avenue DESCRIPTION:Request for new site plan ,approval to construct an additionat 3,000 square foot building consisting of a , with drive - r ' e 1 500 square foot. fast food restaurant t III 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26 2000 through and 1,500 square feet of retail use located on a 0:727 acre outparcel in the Boynton Shoppes PCD. Postponed See motion above. C. CODE REVIEW 1. PROJECT NAME: GASOLINE ESTABLISHMENTS (on 12 acres or more) APPLICANT: City of Boynton Beach DESCRIPTION: Request for amendment to Chapter 2, Section 111.3.a. to allow retail sale of gasoline or gasoline products to be permitted on parcels of land containing' 12 acres or more, located within' a 1,000 'foot radius of an intersection, and fronting on a roadway of three lanes or more. Vice Chairman Dube stated that he was confused by staffs recommendation for denial of this request since the applicant is the City, of Boynton Beach. y , Mr. Rumpf said the agenda should reflect the respective applicants who are Murphy's Oil and BJs. Todd Pressman, 2870 US Highway 19, Suite 100, Clearwater, represented Murphy's Oil. Murphy's Oil Company has been considering a site located near the new Wal-Mart. During consideration of this site, an item came to light with regard to how the Code works in this City. Mr. Pressman referred to the Code section that he displayed on the overhead projection. The Code mandates that gasoline dispensing stations may only exist at intersections that are four lanes or wider. ''Although the four lanes exist at this particular site, staff made an interpretation that that refers to a full four-way action intersection. Since Winchester Park Boulevard ends at the Mall,' it is not considered' a full four-way action intersection. The applicant is seeking variability away from the exact intersection. The applicant is not asking' to icrease the number of gas stations Citywide. There is still a maximum of two gas stations per intersection. This request would not override the conditional use review process or the leve! of roadway requirements. This request also would not reduce the lot size, street frontage or driveway requirements and it would not apply to more intensive gas station uses such as convenience stores. Mr. Pressman researched with the American" Planning Association, an accredited organization for planners i the United States. He received a zoning report. The report promotes incorporating the gas station into the planned shopping center. Access to the gas station would be through the shopping center. Mr. Rosenstock apologized that he would have to leave the meeting early because of another commitment. However,, he wanted the board to be aware of his position with respect to this request. Mr. Rosenstock said he was aware of Mr. Pressman's argument and the theory he presented does not affect this City. There are 26 gas stations in this City. Mr. Rosenstock did not believe Mr. Pressman's argument that traffic would be' deterred from the major intersection by putting in another gas station. He feels this; City does not need any additional gas stations. One station was recently approved in Quantum Park because there was a need for it in that location. i 5 MEETING MINUTES. PLANNING_ &DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26,"2000 Mr. Rosenstock requested that the record reflect that he would not change his mind with respect to allowing this gas station. There are no mitigating circumstances that should allow it to be built and there is no shortage of locations to purchase gasoline. Mr. Rosenstock said he is opposed to this petition., Mr. Pressman said that the request was not specific to the station. It is a request for consideration of a change to the existing Ordinance. Mr. Rosenstock said that a change in the Ordinance to allow gas stations in other areas would compound the problem that is already existing in this City. Mr. Rosenstock said that if the request was for a specific location that would generate a necessity for a gas station, it might deserve consideration. However, he would not consider changing an Ordinance to allow more gas stations. Mr. Pressman said there is still a portion of the City Code that allows a maximum of two gas stations per appropriate intersection. The applicant wasnot suggesting that should change. The applicant would like the Cityto allow some variability so that it is not located at the intersection. MR. ROSENSTOCK LEFr THE MEETING AT 7:25 P.M. Mr. Friedland advised that he felt differently about service stations than''some of the board members. He was in favor of the gas station on Gateway' Boulevard. There was a need for the station at that location. Mr. Friedland suggested that a different type of presentation indicating only one location might have different result from some of the members of the board. Mr. Friedland said he would not support the request. Vice Chairman Dube does not object to the location ofthegas station in question. However, staff's recommendation is negative and they did not explore and evaluate the number of new sites that would become eligible for gasstations under the proposed amendment. Mr. Rumpf explained that it would take a great deal of guesswork to figure out how, many parcels would become eligible if this Code' were amended. Staff would have to do that research because this amendment would expand possibilities. Vice Chairman Dube said he and Mr. Rosenstock have been opposing additional gas stations for approximately nine years because of the number of existing stations in this City. He has not changed his opinion regarding adding gas stations: Ms. Frazier pointed out that the lot size for this use is not large enough. Mr. Myott explained that Wal-Mart is a very large project that is adjacent to the Mail where a really good buffer exists. The gas station- use would not enhance the aesthetics in this area. Mr. Myott would not support this request. Mr. Hay asked Mr. Rumpf to identify other areas in the City that might become eligible if this request were approved. Mr. Rumpf advised that Quantum Park could be eligible and there are vacant parcels along Congress Avenue across from the Mail. However, a thorough analysis would have to include redevelopment of parcels and retrofitting of existing parcels. Mr. Myott added that any site within 1,000 feet of an intersection would become eligible subject to rezoning and lease arrangements. VICE CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26, 2000 Mr. Pressman said the applicant's approach had been to find the least- impacting way to go. The applicant would accept suggestions and input as to a better way to approach this situation. Mr. Friedland suggested that the applicant come back to the City with a drawing, artwork and more conversation about the need for this use at this location. Mr. Friedland felt the applicant might have more success with that approach. Mr. Pressman explained that the applicant would have been pleased to do that; however, the applicant is forced to follow a different route. Motion Mr. Friedland moved to deny the requested gasoline establishment in the City of Boynton Beach with regard to the request for amendment to Chapter 2, Section. 111.3.a. to allow retail sale of gasoline or gasoline products to be permitted on parcels of land containing 12 acres or more, located within a 1,000 foot radius of an intersection, and fronting on a roadway of three lanes or more. Mr. Hay seconded the motion that carried 6-0. (Mr. Rosenstock had left the meeting.) VICE CHAIRMAN DOBE NOTED FOR THE RECORD THAT ROBERT ENSLER, ALTERNATE' MEMBER, Is OUT OF THE COUNTRY. 2. PROJECT NAME: GASOLINE ESTABLISHMENTS (Planned Commercial Developments) APPLICANT: City of Boynton Beach DESCRIPTION: Request to amend Chapter' 2, ,Section 111 to allow automobile fueling facilities as ancillary uses in Planned Commercial Developments of ten (10) acres or more, and approved as conditional , uses under separate development standards and locational criteria. Vice Chairman Dube advised the board members that this request came forward to the board with staff's recommendation for approval. Joe Lelanic, Land Design Spin, introduced representatives from Kimley-Horn, BJs and the property owners. Mr. Lelanic explained that this request is different from the previous request in that itis specific to the BJs' site. This Code amendment is new to the trend in the market of mega-stores having the ancillary use of a gas station. BJs moved into the market in South Florida by opening a store in Royal Palm Beach. They want to be in the Boynton Beach area. As part of BJs' program, they offer gas sales to their members at a reduced rate. The applicant worked with staff to create a Code provision that would allow ancillary uses on a sitethatis 10 acres or larger when the primary user owns the use. This would eliminate the, possibility of a small grocery store having gas sales. There would be sufficient setbacks on the facility so that the use would not sit out on the right-of-way. This facility would be internal to the development, setback from the ril 9 ht-of-way and the residential area and it would be in character with the rest of the development. The applicant has worked well with staff and has come up with enough provisions so that this facility will not cause problems that have been experienced with gas stations located at corners. i When Ms. Frazier questioned whether or not gas sales exist at the facility in Royal Palm Beach, one of the representatives In the audience responded that the Royal Palm facility was built before this process was introduced. Mr.;Lelanic' added that this is a process that Costco started in South Florida. It is likely that the Royal Palm Beach site will add this use in the future. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26, 2000 Vice Chairman Dube confirmed with Mr. Lelanic that BJs would be located on the vacant parcel that is located on the south side of Boynton Beach Boulevard at Winchester Park.Boulevard.- The gas station use would be located near the Post Office. The plans include six gas pumps. When Mr. Friedland questioned how far along BJs was in the process, Mr. Lelanic said the site plan would be presented to the Planning, & Development Board in approximately one month. This request was the first step in the process. Vice Chairman Dube is familiar with this use at Costco and has noticed that they have a 'full-time attendant in place. The station is always kept clean and the use doesnot interfere with the store. He is not familiar with the BJs operation. Mr. Lelanic explained that: BJs is direct competition for Costco and must do the same or better in order to survive. In response to Mr. Friedland, Phil Woody. redresentina 630.1explained that BJs is a publicly; traded Company with 1,11 clubs in operation from Maine td Florida. There are six clubs operating in Florida: Mr. Woody explained that a full-time attendant wbuld, beaon duty at alltimes when the gas station is open for business. It is a very, clean operation for members only and only gasoline is sold at the station. The gas use would close 30minutes after the, store normally closes at 9:00 p.m, and at 10:00 P.M. on holidays. Mr. Myott said this use is attached to a PCD. Therefore, the board may want to attach a condition of approval regarding the hours of operation. VICE CHAIRMAN DUBE ANNOUNCED THE PUBLIC HEARING. Herb Suss heartily agreed with this use and looks forward to being able to use BJs instead of Costco. WITH NO ONE ELSE WISHING TO SPEAK, VICE CHAIRMAN DUBE CLOSED THE PUBLIC HEARING. Mr. Rumpf explained that approval of this change would not allow Wal-Mart to apply for a gas station on their property because it is zoned C-3 and is not a PCD. When Mr. Myott questioned whether or not the hours of operation should be linked to the principal user's hours of operation, Mr. Lelanic said the'applicant would be willing. to provide the City with the hours of ! operation during the PCD process and a condition of approval could be added at thattime. i Motion Mr. Friedland moved to recommend acceptance of the request to amend Chapter 2, Section 111 to allow automobile fueling facilities as ancillary uses in Planned Commercial Developments of ten (10) acres or more, and approved as conditional uses under separate development standards and locational criteria. Mr. Hay seconded the motion that carried 4-2. (Messrs.1 Finkelstein and Myott dissented.) 3. Project Name: Nightclubs, Bars/Lounges and Restaurants Applicant: City of Boynton Beach Descriptions Request; to amend the Land Development Regulations, Chapter 1, Article II. Definitions, and corresponding district regulations to establish a definition and locations for "nightclubs", and to clarify the definition for "restaurants" and "bar or cocktail lounge" 8 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26, 2000 Chairman Dube acknowledged -the presence in the audience of Quintus Greene, Development Directory., Mr. Greene requested the board's endorsement of proposed changes to the land Development Regulations to do two things: 1. Add a definition for nightclubs, and 2. Amend the existing definitions for bar and lounge and restaurant to be more specific. n E These changes came about as a result of a number of problems the City has experienced with businesses that come into some of the shopping centers as restaurants and turned out to be nightclubs. They created parking and noise problems that resulted in complaints from adjacent property owners. These problems had to be dealt with from an Occupational Licensing standpoint since the Code did not address these issues. The Police have had difficulty dealing with these situations because of the lack of adequate definitions in the Code. Staff has,dealt with these issues by including the following definitions: Restaurant An establishment with an on site commercial kitchen where food and drink are prepared and served, and are consumed primarily at tables on site. A restaurant may serve alcoholic beverages as a secondary activity. Bar or Cocktail Lounge An establishment devoted to the serving of beer, wine, or liquor, or any combination thereof, for on site consumption. The service of food shall be incidental to the service of alcoholic beverages. NighAYub — A restaurant, bar, lounge or similar establishment serving alcoholic beverages, h g ,tat features dancing,. theatrical, .cabaret,: or similar entertainmentand/or electronically amplified music. Mr. Greene explained that nightclubs are conditional uses. For that reason, the City can control their location. Staff recommends that this conditional use be allowed in C-3, C-4 and CBD zoning districts only. VICE CHAIRMAN DUBS OPENED THE PUBLIC HEARING. Barbara Grisdale, 2 .00 SW 190 Avenue felt=supper clubs should be included in the definition of nightclub; Mr. Greene explained that the City's experience has been that some of the problem establishments are restaurants from noon until 10:00 p.m. Then the tables are pushed aside and the band takes over the floor. That restaurant then becomes a nightclub. The problem arises when you try to distinguish rti Len a restaurant and nightclub: Herb Sus felt a need exists to distinguish nightclubs and the regulations must be rigid. WTH NO ONE ELSE WISHING TO SPEAK, VICE CHAIRMAN DUBS CLOSED THE PUBLIC HEARING. Attorney Igwe confirmed for Vice Chairman Dube that the City Attorney's --Office had reviewed these changes for sufficiency. I�, g MEETING MINUTES` PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 26, 2000 ' Mr. Hay questioned whether the noise level factors in with respect to nightclubs. Mr. Greene responded affirmatively and explained that was the reason for the reference to amplifiedmusic. Mr. Rumpf added that the City has Ordinances that Code Compliance enforces with respect to noise. Motion Mr. Finkelstein moved approval of the request to amend the Land Development Regulations, Chapter 1, Article II. Definitions, and corresponding district regulations to establish a definition and locations for "nightclubs", and to clarify the definition for "restaurants" and "bar or cocktail lounge". Ms. Frazier seconded the motion that carried unanimously. 9. Other NONE 10. Comments by members j Vice Chairman Dube commended Merle (Sim ;Sen&ne4 and Alice (777e Palm Beach Post) for their press coverage of the City of Boynton Beach. 11. Adjournment' There being no further business to come before the Planning & Development Board, the meeting properly j adjourned at 8;15 p.m., Janet M. Prainito Deputy City Clerk (Two Tapes) I i 10 j 5