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Minutes 07-25-000 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN CONFERENCE ROOM "C", WEST WING, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 25, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dube, Vice Chairman Larry Finkelstein Michael Friedland Woodrow Hay Steve Myott Maurice Rosenstock Robert Ensler; Alternate . Mike Rumpf, Planning & Zoning Director Nicholas ►gwe, Assistant City of Boynton Beach Attorney Lusia Galav, Senior Planner ABSENT Pat Frazier, Alternate 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, staff, and welcomed all visitors to the meeting. 3. AGENDA APPROVAL Motion Mr. Rosenstock made a motion to approve the agenda. Mr. Finkelstein seconded the motion that carried 7-0. 4. MINUTES APPROVAL Motion Mr. Rosenstock moved to approve the minutes of the July 11, 2000 meeting as submitted. The motion was seconded and carried 7-0. Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2000 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report Mr. Rumpf reported on the disposition of the following items by the City Commission at their July 18 2000 meeting; (1) Woolbright Professional Plaza (Nguyen), a medical office building, was approved on consent. (2) Woolbright Medical Building (Freeman) — This Board's recommendation to postpone, pursuant to the request of the applicant, was also approved to time this item with the variance process for height exception. (3) The Bethesda Hospital Site Plan was approved. (4) The Wood Partners Text Amendment to amend our Comprehensive Plan High Density Land Use Classification Density maximum was withdrawn. (5) The Wood Partners Land Use Plan Amendment, the site-specific land use amendment, was approved. (6) The Bay Vista front setback variance for structures within the setback was approved,. (7) Under second reading, the M1 zoning district was amended to include text which allows approved uses which are undefined or not addressed elsewhere in the zoning code. (8) The abandonment of the Quantum Park PID utility easement was finalized. (9) The amendment of the Comprehensive Plan Future Land Use Map from Local Retail Commercial to Special High Density Residential requested for Altman aka Bay Vista Project was approved. (10) The Bay Vista rezoning was approved. (11) , The code amendment to allow fences, hedges and walls within the front setback of multi -family zoning from four feet to six feet was approved on first reading. (12) The code item that changes the methodology used for the calculation of parking spaces for recreation areas was approved on first reading. Change of Venue for Planning and Development Board Chairman Wische commented that he had been hospitalized during the recent transfer of meeting; place for the group. He believed, in spite of an apologetic letter, that the City Manager should have discussed it with the Board Chairman beforehand. He also stated that the City Manager had been kind enough to come to his house to discuss the matter with him since he was incapacitated. He mentioned the recent Planning and Development meeting, where there had been a "musical chairs„ type of scenario. The crowd exceeded the fire Limitations of Conference Room "C" and had to move to the Chambers, where the Board and staff had to sit on hard metal chairs for a three-hour meeting. The Board was not allowed to sit on the dais. His opinion as Chairman of this Board, was that in a city that is trying to be world-class, this circumstance is not consistent with that goal In the next few years there will be many such large meetings as the redevelopment and revitalization effort proceeds. Hopefully, there will be a light at the end of the tunnel. To Chairman Wische's knowledge, Planning and Development K Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2000 Boards always meet in City Chambers. This was borne out by a person who worked for the State and in all his years, he does not remember being anywhere but in the Chambers. Chairman Wische quoted an excerpt of a letter from Wood Partners, which is attached to these minutes and made a part hereof. The excerpt he read is as follows: Dear Sir: "I would like to commend the Boynton Beach Development Board members on your professionalism, experience and intelligence. 1 mean this with all sincerity. I_ have dealt with similar advisory boards_ in nearly a dozen municipalities throughout the southeastern United States over the past nine years and found Boynton Beach's to be among the most competent of any I have encountered. In particular, I appreciated your intelligent questions and believe you moderated the proceedings at an appropriate pace. Please accept my compliments and continue to serve Boynton Beach's citizens with your time, energy and talents." Mr. Jason McArthur of Wood Partners signed the letter. Chairman Wische asked that the letter be entered into the record. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING Zoning Code Variance 1. Project Name: Bruce Black — Fence Variance (Postponement requested by the applicant) Agent/Owner: Bruce Black Location: 321 S.W. 1't Avenue Description: Request relief from Chapter 2 -Zoning, Section 4 General Provisions,J.1. — Other Structures, requesting a variance to allow a maximum front yard fence height of five (5) feet which is a one (1) foot variance from the four (4) foot maximum height allowed. 3 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2000 Motion Mr. Dub6 moved to approve applicant's request for postponement. Mr. Hay seconded the motion that carried 7.0. Chairman Wische asked anyone wishing to speak on any item on the agenda to rise and be sworn in by Assistant City Attorney Igwe. The persons who wished to speak were duly sworn in. A contingent of 5-6 people was in the audience to speak about the postponed zoning variance, item 7.A.1. A woman from the group asked why the group that had received a notice to attend this meeting on the zoning variance was not notified that it had been postponed?. She stated that she had taken off work for the evening and had now lost that income. She mentioned getting one envelope from the City that was empty. She then got a second letter four days later with a notice of this hearing. The question was deferred to Mr. Rumpf, who acknowledged that there had been an error that had been corrected with the second mailing. He said that once something is legally advertised, the only way it can be postponed is through this Board's recommendation. The meeting has to take place. Mr. Rosenstock asked Mr. Rumpf when the City knew that Mr. Black had requested a postponement? The response was that the letter had been dated July 7, 2000. Mr. Rumpf stated he did not believe there was a process for reissuing notices when an applicant has requested postponement. Mr. Rosenstock pointed out that whether this Board recommended approval or denial of the variance, the group would still have to appear two times: once for the initial hearing before the Board and again when the Commission considered the matter and rendered a final decision. Mr. Rumpf stated that if a person wished to speak and was unable to attend, he/she could either send a representative to the hearing or a letter to the Planning & Development Board Chairman and/or the City Commission, to make their opinions known. Ms. Galav stated that the variance hearing for Mr. Black had been postponed until the August 8, 2000 meeting of this Board and that he would not be able to put up the fence until and unless a favorable judgment had been obtained from the City Commission. The Board commiserated with the people who were inconvenienced by the postponement and the consensus on the Board was that it would be a good idea to have some kind of notice in the future. Mr. Rumpf stated he would have no problem with including a statement on the notice that said something to this effect: "The applicant has the right to request a postponement of this issue. If you desire to confirm the meeting date, please telephone XXX-XXXX." B. SITE PLAN New Site Plan I Project Name: Agent: Owner: P.G.D., Inc. — Second Facility Richard C. Aherns Companies Mr. Chris O'Hara, P.G.D., Inc. Meeting Minutes' Planning & Development Board Boynton Beach, Florida July 25, 2000 Location: Lot 6, High Ridge Commerce Park Description: Request for new site plan approval to construct a 25,960 square foot, industrial warehouse on 1.099 acres Mr. -Greg Celentano, representing Richard C. Aherns Companies, was sworn in by Assistant City Attorney igwe. Mr. Celentano stated that his company was aware of all the staff comments and took exception to none. Chairman Wische asked for further comments from staff and there were none. Chairman Wische opened the public hearing. There was no one who wished to speak. Mr. Finkelstein commented on only having one dumpster for the size of the facility. Mr. Rumpf did not believe that there was a written standard. He thought that Public Works had a good sense of logic and history as to what was required for certain uses and wouldact with the company to get more if necessary. Motion Mr. Dube moved to approve the request for a new site plan approval to construct a 25,960 square foot industrial warehouse on 1.099.acres subject to all staff comments. Mr. Finkelstein seconded the motion. The motion carried 7-0. 2. Project Name: The Church of Jesus Christ of Latter -Day Saints Agent: Franz Joseph Shropa Owner: The Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints Description: Request for new site plan approval to construct a 11,755 square foot church on 4.26 acres Mr. ,Franz Shropa, architect speaking on behalf of the Church, was sworn in by Assistant City Attorney Igwe. Chairman Wische stated that there were 21 staff comments and asked that the applicant address only the ones he disagreed with or on which clarification was required. Mr. Shropa stated that the comments had been discussed and the Church concurred with all the comments. Chairman Wische opened the public hearing. There were no comments from the audience. Mr. Dube asked for the colored renderings of the project, which the architect produced and shared with the Board members, who examined them. Mr. Finkelstein commented on the height exception, comment #21, which stated that "A height exception is required to allow the height of the steeple to exceed 45 feet. (Ch. A Meeting Minutes Planning & Development Board Boynton Beach, Florida July 25, 2000 2.Sec.4.F.)." Mr. Finkelstein noted that the height appeared to 66-1/2 feet and the applicant stated it was actually 66 feet, 11 -3/4 inches from finished grade, six inches off the building. Mr. Friedland asked how long it would take the edifice to be completely built? The applicant responded, 10 months. Mr. Ensler asked a question about the raised rostrum and if there were a ramp for the handicapped leading to it? The applicant replied that there was no handicap ramp, stating that Federal regulations exempted houses of worship from this requirement. He went on to say that the church believed there was a moral obligation to provide it and would do so if the need for it arose. Motion Mr. Dub6 moved to approve the request for new site plan approval to construct an 11,755 square foot church on 4.26 acres for the Church of Jesus Christ of Latter -Day Saints, subject to all staff comments. Mr. Hays seconded the motion. The motion carded 7-0. 8. OTHER None 9. COMMENTS BY MEMBERS 1 Chairman Wische commented on a discussion he had with the City Attorney regarding the Board's discussions with applicants and the issue of intimidation or perceived intimidation. Chairman Wische maintained that it was the right and privilege of the Board to ask someone to do more than the Code requires. The Board may not demand it and cannot infer that it may not vote for it if the applicant refuses. Chairman Wische cautioned the Board that no inference as to how one is to vote can be made unless a motion has first been made on the subject matter. 2) The Board again discussed the current procedures pertaining to postponements and noticing, affirming their belief that the wording of the notices needed to be more explanatory. There was some feeling on the Board that the applicant requesting postponement should be required to pay for the notice. Mr. Rumpf commented that the same procedure had been followed for at least fourteen years with no problems. Mr. Myoft believed that things should stay as they are now for the reason that a person could call Mr. Rumpf at4 p.m. on the day of the meeting and be told that the applicant had requested a postponement. Then, when the meeting convened, the applicant could, theoretically, appear and say, I changed my mind, let's go ahead with this". Mr. Rumpf believed that the Board would probably not recognize an applicant who had already applied for a postponement and who suddenly appeared and changed his/her mind. Meeting Minutes Planning & Development Board Boynton Beach, Florida- July 25, 2000 Mr. Hay brought up the point about the vote for postponement being a moot vote. He asked under what circumstances would they ever deny a postponement? Mr. Rosenstock did not believe that a vote should be taken on postponements, saying that once the person had requested postponement, the matter was finished. He believed the Board should be notified of the request on the agenda, where it would simply state "Postponement Granted". Mr. Friedland agreed with Mr. Rosenstock and Mr. Hay. The Board asked Assistant City Attorney Igwe to get with City Attorney Cherof to get some rules and regulations in place to clarify the issue. 10. ADJOURNMENT Having no further business to come before the meeting, the meeting was duly adjourned at 8:00 p.m. Respectfully submitted, Susan Collins Recording Secretary (one tape) FF, VA July 12. 2000 J. Stanley Dube Vice Chair Boynton Beach Planning and Development Board 100 E. Boynton Beach Boulevard P O Box 310 Boynton Beach, FG 3342 5-03 10 Dear Sir: I would like to commend the Boynton Beach Development Board members on your professionalism, experience and intelligence. I mean this with all sincerity. I have dealt with similar advisory boards in nearly a dozen municipalities throughout the southeastern United States over the past 9 years and found Boynton Beach's to be among the most competent of any of I have encountered. In particular, I appreciated your intelligent questions and believe you moderated the proceedings at an appropriate pace. Please accept my complements and continue to serve Boynton Beach's citizens with your time, energy and talents. While 1 wholeheartedly mean everything expressed above, I feel compelled to mention that I was disappointed that you dismissed our text amendment request without giving due consideration to the merits of the proposed amendment. You voted against it on the basis that the city would not make universal zoning code changes to accommodate an individual project. I firmly believe that a change in the definition of high density residential from 10.8 units per acre to -12.1 would benefit Boynton. Most of the apartment communities that have been built in Boynton in recent years have an actual density of 15 to 18 dwelling units per acre. As aerials of the city indicate, Boynton Beach is fast running out of 50+ acre tracts on which 15 to 16 unit multi -family densities can be achieved along side companion office, commercial or lower density residential uses through the PUD zoning mechanism. As most of the desirable remaining parcels in the city limits are less than 20 acres, I believe that the city will have to face the reality that it needs higher residential densities in the near future. lt;rtJ i'urhr<rc i a C;ruur, ,( ! iIII ihccl l_I,INfit y ( anhanit s '70(} Nr it! in Klrnr ;e.. (F -.n. Starr 130 13cx-\ 1' r�r:, I -i( t 33131 I thank your for yok time and attention last night an<I for your support of our proposed zoning change for church property. My hope for this rental community is that it will exceed your expecF ions and raise the har for all future apartment projects built in Boynton Beach. Respectfully, Jason McArthur JM/ky