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Minutes 08-22-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 22, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dube, Vice Chair Larry Finkelstein Robert Ensler, Voting Alternate Mike Friedland Steve Myott MauriceRosenstock Pat Frazier, Alternate Mike Rumpf, Planning & Zoning Director Nicholas Igwe, Assistant City Attorney ABSENT Woodrow Hay Chairman Wische requested that Mr. Rumpf speak with the City Manager on behalf of the Board to inform him that the microphones did not work. 1. Pledge of Allegiance Chairman Wische called the meeting to order at 7:05 p.m. and led the Board and audience in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board members; Mike Rumpf, Director of Planning & Zoning; Nicholas Igwe, Assistant City Attorney; and the Recording Secretary. 3. Agenda Approval Motion Vice Chair Dube moved to approve the agenda. Motion seconded by Mr. Finkelstein, which carried unanimously. f r i MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 22, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dube, Vice Chair Larry Finkelstein Robert Ensler, Voting Alternate Mike Friedland Steve Myott MauriceRosenstock Pat Frazier, Alternate Mike Rumpf, Planning & Zoning Director Nicholas Igwe, Assistant City Attorney ABSENT Woodrow Hay Chairman Wische requested that Mr. Rumpf speak with the City Manager on behalf of the Board to inform him that the microphones did not work. 1. Pledge of Allegiance Chairman Wische called the meeting to order at 7:05 p.m. and led the Board and audience in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board members; Mike Rumpf, Director of Planning & Zoning; Nicholas Igwe, Assistant City Attorney; and the Recording Secretary. 3. Agenda Approval Motion Vice Chair Dube moved to approve the agenda. Motion seconded by Mr. Finkelstein, which carried unanimously. s Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 4. Approval of Minutes Motion Mr. Finkelstein moved to approve the minutes of the August 8, 2000 meeting. Motion seconded by Vice Chair Dube, which carried unanimously. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of August 8, 2000 Planning and Development Board meeting agenda items. Mr. Rump reported on the disposition of the following items by the City Commission at their August 15, 2000 Meeting: (1) Woolbright Professional Plaza (known as Nguyen) -medical office building was. approved; (2) The Woolbright, Medical Building (Freeman) variance request was denied; (3) Landscape regulations were approved and moved forward to Ordinance; Mr. Rosenstock inquired if the changes requested by this Board were added and Mr. Rumpf stated that they would be. Mr. Rosenstock requested that the Board members be furnished with a copy before it goes to the Commission in the form- of an Ordinance. Mr. Rumpf said that it would not be going to the Commission at the next meeting, which would allow enough time to furnish it to the members before a second reading of the Ordinance. Mr. Rosenstock requested members be furnished with a copy before the first reading of the Ordinance. (4) The Bruce Black variance was approved; and (5) The Berry Veal site plan modification was approved. Chairman Wische requested that Assistant City Attorney Igwe administer the oath to all persons who would be testifying. 6. Old Business None 7. New Business A. PUBLIC HEARING 2 Meeting Minutes - Planning & Development Board Boynton Beach, Florida August 22, 2000 ZoningCode Variance 1. Project Name: Oriana Granite (Lot 50A) Agent: Robert Sullivan Owner: Oriana Granite Location Lot 50A Quantum Park Description: Request for relief from Chapter 2 Zoning, Section 7.H.3 requiring a minimum driveway separation of 150 feet to allow a six (6) foot variance or a 144 foot driveway separation in a Planned Industrial District (PID). Mr. Myott stated that he had a conflict of interest with this case and would not be voting. Attorney 1gwe requested that Mr. Myott state what the conflict was. Mr. Myott said he was employed by the architectural firm for this project. Mr. Robert M. Sullivan, 2121 NE 30th Street, Lighthouse Point, Florida 33064 assumed the podium and stated he was the architect for the project. The applicant is requesting a variance due to the existing utility easements and landscape buffers required. Chairman Wische read the one staff comment. Mr. Sullivan stated they would agree to the one comment. Chairman Wische opened 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 7.1-1.3 requiring a minimum driveway separation of 150 feet to allow a six (6) foot variance or a 144 foot driveway separation in a Planned Industrial District (PID), subject to all staff comments and recommendations of the Planning and Zoning Department. Motion seconded by Mr. Friedland and carried 6-0. 2. Project Name: Harbor Estates (Lot 38) Agent Michael Schmidt Owner: Michael Schmidt Location: South Road Description: Request relief from Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum rear setback of 25 feet to 3 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 allow a 15 foot variance or a 10 foot rear setback within the R-1AA zoning district. Mr. Michael Schmidt, 154 Barefoot Cove, Hypotuxo, Florida took the podium. Chairman Wische informed the Board that staff recommends denial and the applicant statedhe was aware of this: The applicant stated that this is nearly the last piece of waterfront property in this neighborhood and before he purchased it he researched the land' and discovered there were restrictions on the setback. Also, Mr. Schmidt noted that at least six other, variances had been granted in that neighborhood and he had informed the Planning Department of this. The applicant stated he had no problem with the 25' front setback in the front'. However, in order to place a home on the property the rear setback is needed. The applicant further pointed out that many houses in the neighborhood do not comply with the setbacks. Mr. Rumpf displayed a drawing of the site on the screen for members to review. If the setback were granted the applicant would be able to place a 2,800 square foot two-story home on the property, which would be an enhancement to the area. The two-story home would be under the 30' height restrictions: Mr. Rumpf stated that the denial was based upon the traditional hardship criteria on whether the property owner could construct a dwelling in accordance with the zoning code and the answer is he could. Mr. Myotf felt there was not a real negative feeling on the denial for the setback and the hardship on the property is the R -1 -AA zoning that is waterfront property. Mr. Myott felt that the zoning regulations do not fit those lots. Mr. Ensler indicated that there were six similar properties given variances. Were the variances granted for the same reason or for other hardship reasons? If they were in fact similar, could this Board not approve the request that was given to other property owners? Mr. Rumpf said that most of the rear setbacks are similar. Attorney Igwe replied that each application has its own unique set of facts and why other variances were granted in the past is not known. Each applicant must show a true hardship. Mr. Rumpf confirmed that he had documentation that there were six previous variances granted, but did not know the reasons for them. Mr. Finkelstein inquired if there have been any reactions from the surrounding neighbors and Mr. Rumpf stated they have received none. GI I Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 Mr. Friedland pointed out that staff concluded that the construction of the single- family residence will not impact negatively on adjacent property values. Further, staff concluded that the aesthetic impacts from the proposed structure would not Likely be realized by the neighborhood since there are existing homes with similar rear setback variances. Mr. Finkelstein inquired if the applicant tried to design a home that would meet the setbacks and Mr. Schmidt stated that they had, but the building looked like a "bowling alley" Chairman Wische opened the public hearing. Ms. Pam Case, 811 Ocean Inlet Drive, Boynton Beach took the podium and was administered the oath by Attorney Igwe. Ms. Case inquired about the depth of the lot and was informed it was 80'. Chairman Wische closed the public hearing. Mr. Finkelstein inquired why the applicant purchased the lot with the restrictions and the applicant replied that he put a bid in on the property and while waiting to see if it was accepted, he then learned of the restrictions. He stated he was not fully aware of what he was getting into. Motion Mr. Myott moved to approve the request for relief from.Chapter 2 Zoning, Section 5,C.2.a, requiring a minimum rear setback of 25 feet to allow a 15 foot variance or a 10 foot rear setback within the R-1AA zoning district. Motion seconded by Mr. Ensler. Mr. Rosenstock asked how many homes in this area have setbacks against the code. Mr. Rumpf replied that those that have been processed with setback variances amount to six out of 40 homes. However, Mr. Rumpf stated he only looked at homes immediately near the applicant's site. Motion carried 7-0. 3. Project Name: Mark Daly (Applicant requested Postponement to the September 12, 2000 Planning and Development Board meeting to ,obtain necessary information) Burl Gentry, Gentry Engineering & Surveying, Inc. Mark Daly 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 Location: East Railroad Avenue, south of SE 8 t Avenue Description: Request relief from Chapter 2, Zoning, Section 6.C, -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 Motion Vice Chair Dube moved to postpone item 7.A.3. at the request of the applicant to the September 12, 2000 Planning and Development Board Meeting. Motion seconded by Mr. Finkelstein and carried 7-0. Abandonment 4. Project Name: Mark Daly (Applicant requested Postponement to the September 12, 2000 Planning and Development Board meeting to obtain necessary information) Agent: Burl Gentry, Gentry Engineering & Surveying, Inc. Owner: Mark Daly Location: th East Railroad Avenue, south of SE 8 Avenue Description: Request for abandonment of that portion of East Railroad Avenue between S.E. 10th Avenue and S.E. 8th Avenue. Motion Mr. Rosenstock moved to postpone item 7.A.4. at the request of the applicant to the September 12, 2000 Planning and Development Board Meeting. Motion seconded by Mr. Finkelstein and carried 7-0. B. SUBDIVISION Master Plan Modification 6 The applicant was not present. Motion Mr. Finkelstein moved to table. Motion seconded by Mr. Myott and carried 7-0. C. CODE REVIEW 1. Project Name: Agent: Owner; Description: Bed and Breakfast Peter H. Schmidt, Esq. Barbara R. Bradshaw Request to amend Chapter 2, Section 16.B.g, Bed and Breakfast to allow existing kitchenettes to remain in any residential unit within a bed and breakfast establishment upon their conversion to such establishment. Peter H. Schmidt, Esquire, 400 South Dixie Highway, Boca Raton assumed the podium and stated he was representing the applicant. Chairman Wische noted that staff recommended approval. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Finkelstein noted that on Page 4 of staff comments it states that staff proposes to replace the 90 -day period with a 45 -day period and the draft amendment still contains the 90 -day period. Mr. Rumpf pointed out that the 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 1. Project Name: Lawrence Oaks PUD (DeStefano) Screen and Pool setbacks Agent: Peter DeStefano, President of Lawrence Oaks Homeowners Association, Inc. Owner: Lawrence Oaks Horne 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 pool setbacks from five (5) feet to one (1) foot for those lots fronting lake, buffer and preserve areas within the Lawrence Oaks PUD. The applicant was not present. Motion Mr. Finkelstein moved to table. Motion seconded by Mr. Myott and carried 7-0. C. CODE REVIEW 1. Project Name: Agent: Owner; Description: Bed and Breakfast Peter H. Schmidt, Esq. Barbara R. Bradshaw Request to amend Chapter 2, Section 16.B.g, Bed and Breakfast to allow existing kitchenettes to remain in any residential unit within a bed and breakfast establishment upon their conversion to such establishment. Peter H. Schmidt, Esquire, 400 South Dixie Highway, Boca Raton assumed the podium and stated he was representing the applicant. Chairman Wische noted that staff recommended approval. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Finkelstein noted that on Page 4 of staff comments it states that staff proposes to replace the 90 -day period with a 45 -day period and the draft amendment still contains the 90 -day period. Mr. Rumpf pointed out that the 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 applicant had supplied the proposed amendment (Exhibit B). However, only what is described in staff's report would move forward. Mr. Finkelstein also inquired if this would only apply to the R-3 Zoning- District and Mr. Rumpf stated it would not° Mr. Ensler also noted that on Page 4 it states that breakfast shall not be served. after 11:00 and suggested that a period of time be inserted. Mr. Rumpf stated that it should state 11:00 a.m. Mr. Myott asked Attorney Schmidt if he has reviewed all the amendments and if he agreed with all of staff's changes? Mr. Schmidt inquired what the 45 -day change applied to and Mr. Rumpf stated that currently the ordinance limits the length of time ,that a person could stay at a bed and breakfast and that a person could not.retum over a 90 -day period. Staffsuggesteda 45 -day wait period for those people that wished to return. Attorney Schmidt stated that he was unaware that there were changes. The - Board provided an opportunity for Attorney Schmidt to review the changes made by staff. Attorney Schmidt requested that whenever the term "residential units" is used that it be ,changed to "guest units" and Mr. Rumpf agreed to this change. Mr. Schmidt stated that the proposed change that was submitted to the City under Item 7 does not include the introductory language, which states "except as hereinafter otherwise provided". If this wording were not included,` it would make staff's recommended language conflict with Item 10, which deals with kitchenettes. Mr. Rumpf said he would not object to adding clarifying language to precede the sentence. The final change requested was to eliminate the word "room" in Section 16.13 (2)g.(1). There were no other changes. Motion Vice Chair Dube moved to approve the request to amend Chapter 2, Section 16.B.g. Bed and Breakfast to allow existing kitchenettes to remain in any residential unit within a bed and breakfast establishment upon their conversion to such establishment, subject to the changes herein discussed between the Applicant and the Planning Director. Motion seconded by Mr. Finkelstein. Motion carried 7-0 8 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 8. Other Discuss date for planned workshop Mr. Rumpf reported that the Board had previously requested when the consultant received the Comprehensive Plan back from the State that this Board be advised of any changes. In order to accommodate the Board with this request, a workshopneeds to be set up. Also information garnered' on multi -family development will be furnished for discussion at that time. Mr. Rumpf said that it looked like the first meeting in September would be light and that a workshop could be held immediately after the regular meeting is concluded. This was agreeable to the members and the back-up material will be furnished to the members in advance of the workshop. Mr. Ensler presented an article with the picture of a mural that recently appeared in the Sun Sentinel that said that City officials are trying to make it easier for people to display murals. The article went on to state that Mike Rumpf, Director of Planning and Zoning has written a three-page ordinance to allow murals on buildings. Mr. Ensler read the salient portions of the article to members. Mr. Rumpf stated that an ordinance has been drafted to guide the processing of future murals. Mr. Rosenstock asked if a mural was a sign and Mr. Rumpf said it is not. Mr. Ensler stated he has concerns- regarding First Amendment Rights and what rights the City would have to approve certain murals and not to approve other murals. He further felt that the City would be opening Pandora's Box and before the Ordinance is presented to the Commission that a written legal opinion be obtained. Mr. Friedland said he complained about this at a Commission meeting and does not feel that a mural is a work of art. Signage is something that this Board should consider. Mr. Rosenstock said it is important that the Ordinance be drafted very carefully to state what can and cannot be done. Further, he noted that this Board approves all signs in the City and a mural is close to a -sign. Mr. Rosenstock asked about the status of the Ordinance and Mr. Rumpf said it is in the draft stage. It is anticipated that a downtown Committee would be formed to approve murals. Mr. Rumpf pointed out -that there are no codes currently dealing with murals in the City and anyone could do whatever they want. Staff was concerned about this. Also, another issue being discussed is art in public places to beautify downtown. 9 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 22, 2000 Attorney igwe stated that all Ordinances come to the City Attorney's Office for review and he has not seen any Ordinance yet. Mr. Rosenstock would like staff to search all major cities in the United States to determine their experience with murals and that the legal staff research for case laws dealing with the legality of the content of murals on buildings within a municipality. Mr. Finkelstein was under the impression that there would be a pilot mural program, strictly for the downtown, ocean district that would follow the Visions 20/20 guidelines. Mr. Rosenstock said he would not like this left to a committee and that guidelines must be set. The legalities of First Amendment Rights need to be established before a Committee ever reviews murals. Mr. Rumpf stated that he will have legal staff review the Ordinance and he will emphasize the concerns of this Board, Also, the Ordinance would go to the City Commission, not the Committee. Mr. Friedland said he does not like to see the Board being by-passed on this issue. Mr. Rumpf said he would try to have this as a item for discussion on the Board's agenda for the next meeting. 10. Adjournment Motion Vice Chair Dube moved to adjourn, which was duly seconded. The meeting properly adjourned at 8:15 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) 10