Loading...
Minutes 06-13-00PRESENT Lee Wische Chairman Mike Rumpf, Planning & Zoning Director J. Stanley Dube, Vice Chair Nicholas Igwe, Assistant City Attorney Larry Finkelstein Dick Hudson, Senior Planner Mike Friedland Lusia Galav, Senior Planner Woodrow Hay Maurice Rosenstock Robert Ensler, Voting Alternate ABSENT Pat Frazier, Alternate Steve Myott 1. Pledge Of Allegiance Chairman Wische called the meeting to order at 7:10p.m. and Led the Pledge of Allegiance to the Flag: 2. Introduction of the Board Members Chairman Wische introduced the members of the Board, Assistant City Attorney Nicholas lgwe Director of Planning and Zoning, Mike Rumpf; Ms. Lusia Galav, Senior Planner and Dick Hudson, Senior Planner;_ 3. Agenda Approval Motion Vice Chair Dube moved to approve the agenda. Motion seconded by Mr. Finkelstein and unanimously carried. 4. Approval of Minutes Motion Mr. Rosenstock moved to approve the minutes of the May 23, 2000 meeting. Motion seconded by Vice Chair Dube and unanimously carried. Meeting Minutes Planning and Development Board` Boynton Beach, FL June 13, 2000 S Communications and Announcements' A. Planning and Zoning Report Final disposition of May 23, 2000 Planning and Development Board Meeting Agenda Items. Mr. Rumpf reported on the disposition of the following items by the City Commission at their June 6, 2000 Meeting: (1) The Don Tracy variances for the side and front set backs were approved. (2) Stor-Ail time extension was approved. (3) Oriana Granite site plan in Quantum Park and its corresponding use approval were approved. (4) Commerce Road Realty site plan was approved (5) The Sammy Berry Building on Martin Luther King Boulevard site- plan was.. approved. (6) Under Ordinances on second and final reading, the Bethesda Hospital future landuse amendment for the parking lot and the corresponding rezoning were approved. (7) Also, under second reading, the Swimming Pool Code Review Item was ,approved to change the set backs for aboveground pools to (8) Under Ordinances on first reading, the following were approved: (a) The three Villa Del Sol items; and (b) The ERA based amendments, which included Palmetto Green Park, the `Isles at. Hunters Run, Seacrest Scrub and Rosemary Scrub. Mr. Rosenstock requested that he would like the opportunity to address what transpired at the last City Commission meeting with regard to a prior applicant who made comments that Commissioner Black interpreted to mean that the applicant was coerced into making a decision. Chairman Wische stated that this - would be addressed under item 8 ("Other): Chairman Wische thanked. Mr. Rumpf for his report. There were no comments from the members of the Board. 6. Old Business None 7. New Business 2 Meeting Minutes Planning and Development Board - ` Boynton Beach, FL June 13, 2000' A. PUBLICHEARING Abandonment 1. Project Name: Quantum Business Park (Utility Easement) - Agent: Winston Lee ASLA, AICP/Winston Lee Associates, Inc. Owner Gateway Business Park L.C. Location: North' of the intersection of Gateway Boulevard and Quantum Boulevard Description: Request for abandonment of an easement on 0.13 acres located on a portion of lots #36, #37 and #38 in the Quantum Park PID Chairman, Wische requested that the agent` assume the podium and instructed Assistant City Attorney Igwe to administer the oath to all persons who would be testifying before the Board this evening. Ms. JoniBrinkman, from the firm of Winston Lee & Associates took the podium and stated that she represents the owner. Chairman Wische asked the agent if there were any comments she wished to make and she said there were none. " Staff had no further comments and Chairman Wische noted that staff recommended approval. Chairman Wische opened up the public hearing. Since no one wished to speak on the item, Chairman Wische closed the public hearing. Motion Mr. Rosenstock moved to approve Item 7.A.1 for Quantum Business Park request for utility easement of 0.13 acres located on a portion of lots #36, #37 and #38 lin the Quantum Park PID. Motion seconded by Vice Chair Dube, Motion carried 7-0. Land Use Plan Amendment/Rezonin a 2.; Project Name: ALTMAN (AKA) BAY VISTA Agent: Chris Kerr,,Kilday and Associates, Inc. Owner: David E. Blankenhelm Location: South Federal Highway northeast of the intersection with SE 23rd Avenue Description: Request to amend' the Comprehensive. Plan Future Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential , (SHR) and rezone from Community Commercial (C-3) to 3 Meeting Minutes Planning and Development Board Boynton Beach, FL June 13, 2000 - Multiple -Family Residential(R-3) for 2.33 acres. Chairman Wische requested thattheapplicant assume the podium. Mr. Kiernan Kilday of Kilday and Associates, Inc., -1551 Forum Place, West Palm Beach assumed the podium.. Chairman Wische noted that staff recommended._ approval. Chairman Wische opened up the public hearing. Since no one wished to speak on the item, Chairman Wische closed the public hearing. Chairman Wische asked if any Board member had any comments and there were none. Motion Mr. Rosenstock moved that the Altman (AKA) Bay Vista request to amend the Comprehensive Plan Future.Land Use Map from Local Retail Commercial (LRC) to Special High Density Residential (SHR) and rezone from Community - Commercial (C-3) to: Multiple -Family Residential (R-3) for 2.33 acres be approved. Mr Friedland seconded motion. Motion carried 7-0. B. SITE PLANS New Site Plan 1. Project Name: ALTMAN (AKA) BAY VISTA Agent: Chris Kerr, Kilday and Associates, Inc.: Owner: David E. Blankenhelm Location. South Federal Highway northeast of the intersection with,SE 23`d Avenue Description: Request for new site plan approval to construct a 286 unit multi -family development on 14.33 acres. Mr. Kilday remained at the podium. Chairman Wische noted there were 28 staff comments and asked the applicant to only address the comments they do not agree with or need clarification. Mr. Kilday stated they agreed with all conditions and pointed out that in accordance with condition #15 they will be pursuing the Natural Resource Credit for preservation of the mangroves. Staff had no additional comments. Chairman Wische opened up the public hearing. Since no one wished to speak on the item, Chairman Wische closed the public hearing. 4. Meeting Minutes Planning and Development Board Boynton Beach, FL June 13, 2000 Mr. Kilday presented a letter from Jerry Schmidt, President of Seagate of Gulfstream Homeowners Association in support of the project, to the Recording Secretary for the record. Motion Mr. Hay moved that the request for new site plan approval to construct a 286 unit multi -family development on 14.33 acres, subject to all staff comments be approved. Motion seconded by Mr. Finkelstein. Mr. Rosenstock asked the applicant if they met with any other neighbors in the area and Mr. Kilday stated they met with the condo association to the south of the property twice and with the homeowners to the north of the property once. Mr. Kilday stated that the association on the south side was supportive, but they were unable to put together an official board to compose a letter due to the time of year. Mr. Rosenstock statedfor the record that the applicant received no objections and Mr. Kilday stated that was correct. Mr. Rosenstock asked for clarification on the boardwalk and noted that for now it is private, but if in the future the City wishes to open up this area for greenway use, the applicant would allow this use. Mr. Kilday pointed out on. the site plan the area to which Mr. Rosenstock was referring and indicated that gates will be provided at the north and south of the property line and if the City adopts a greenway's walkway through this area, it would tie into the property. Mr. Rosenstock inquired_ if easements have been provided to the City for this purpose. Mr. Kilday stated they have not been provided as of yet. Mr. Rosenstock' felt that; provision should be providedfor the greenway's walkway. before approval and Mr. Rumpf stated that this would be the time to request these easements. Mr. Rosenstock asked Mr. Kilday if the developer would _provide a document to the City as a condition precedent to permit a greenway walkway through the property. Mr. Kilday agreed to this condition precedent and stated for the record, the greenway, passageway may never come to fruition, but if it does, the gates would be opened, Chairman Wische called fora vote on the motion on the floor. Motion carried 7=0. 2. Project Name: BORGATA (Melear PUD 3A and 3C) Agent: Julian Bryan/Julian Bryan & Associates= Owner: Gene B. Guck Company. Location: Southwest corner of Miner Road and Sandalwood Drive 5 Meeting Minutes Planning and Development Board Boynton Beach, FL June 13, 2000 Description: Request for new site plan approval for common; area landscaping, and recreation facility Chairman Wische requested that the applicant assume the podium. Mr. Julian Bryan, agent for Continental Homes of Florida, took the podium and Chairman Wische noted there were 28 staff comments. He asked the applicant if there were any 'comments they wished to; address" or needed clarification. Mr. Bryan stated he had no further comments at this time. Chairman Wische openedup the public hearing. Since no one wished to speak on the item, Chairman Wische closed the public hearing: Vice Chair Dube asked the agent to clarify his statement not at this time. Mr. Bryan felt that some of staff comments were repetitious and said he agreed with all staff comments. Staff had no further, comments. Motion Mr., Friedland moved that the request for new site plan approval for common area landscaping and recreation facility at the southwest corner of Miner Road and Sandalwood Drive"be approved, subject to all staff comments. Motion.seconded by Mr. Finkelstein. Motion carried 7-0. C. CODE REVIEW 1. Project'Name: Uses Excluded from Zoning Regulations Applicant. City, of Boynton Beach Description: Request to amend Chapter 2, Zoning, Sections 6.D.1' and 8.A.1 to provide for commercial uses that are not specifically listed as a permitted or conditional use in any other zoning district: Mr. Rumpf was requested to present an overview of the item. ,He stated that staff has recognized that there was a weakness in the City's Zoning Code as related to the description of permitted and prohibited uses while reviewing'a request for a tattoo business in one of the City's zoning districts. Under a strict;. interpretation of the code, the use was not specifically permitted and the number one item prohibited in that zoning district was cited as "all uses not specifically listed as permitted This wording could be considered very exclusionary. Mr. Rumpf _ 6 Meeting Minutes Planning and Development Board Boynton Beach, FL June 13, 2000 pointed out that regulations have been tested many times and have been found to be unconstitutional or, weak when they don't provide for many basic uses. if a city does not provide a place for all uses within that city, this could be ground for legal action. In order, to address this, the City has looked to the heavy commercial zoning districts, the C-4 and M-1 zones. Therefore, those uses, which are, not prohibited or not includedin those zoning districts, are permitted in the M-1 zoning district and would then become conditional in C-4. This is basically to address the tattoo business: Mr. Finkelstein pointed out that there are some areas in M-1 that border many major City streets. Mr. Rumpf noted that a city is not prohibited from excluding or strictly limiting certain extreme uses, such as adult entertainment, hazardous waste uses and the like. Mr. Rosenstock inquired- about the use of slaughterhouses and Mr. Rumpf stated that this use is prohibited in M-1 and therefore is not permitted. Mr. Rosenstock wants to ensure that the City has the initial steps in place to protect the city against unwanted uses: Mr. Rumpf pointed out that the use of slaughterhouses is prohibited in the City and this was discussed during the Berry Veal application. Mr. Rumpf said that the City would continue to consider each use on a case by case basis Mr. Rosenstock asked where the M-1 zones are located within the Citi and Mr. Rumpf said there are; two, one on South Congress Avenue; near 30 Avenue south to the City linea The second area is north of Boynton Beach Boulevard, west of the FEC Railroad tracks, which is a small pocket behind the. C-4 zoning district. Mr. Rosenstock queried whether the city wants these M-1 districts to remain M-1 districts. Mr. -Rosenstock' could not envision an MA use directly across from Hunters Run, which is the highest appraised residential area within the City. Mr. Kumpf pointed out that there is an additional M-1 area along High Ridge Road, south of the Commerce Park PID. Chairman Wische informed the Board that Ms. Sarah Lorenz telephoned him and requested a meeting with- him. Chairman Wische said he would not meet with Ms. Lorenz and her husband, but would speak with her on the telephone. Chairman Wische requested that Ms. Lorenz assume the podium to present her story. Chairman Wische stated that Ms. Lorenz; applied for a permit and spoke to someone in the Planning Department who told her that the tattoo parlor would be o.k. in C-4. Ms. Lorenz 'informed him that she would be willing to give the name of the person in the Planning Department that made this statement. Once Ms. Lorenz was told that it was o.k., she signed a lease and invested around $30,000 in equipment. Chairman Wische said that he has seen Ms. Lorenz appear for months before the City Commission and to date no one has given her an answer and no one has offered to help her: Chairman. Wische felt that Ms. Lorenz was misled and could sue the City, if she so wished: 7 v Meeting Minutes Planning, and Development Board Boynton Beach, Ft June 13, 2000 Ms Sarah Lorenz, 2508 NW 21St Street, Boynton Beach took the podium and gave a background to: the members on how she started almost four yearsago to prepare to open a tattoo parlor. Ms. Lorenz said that she had a meeting scheduled on February 24th with the Planning and Zoning Department, but because of lack'of staff, the meeting did not take place. A City Planner told her that if she were to open up a tattoo business, she would need to be in a C-4 zone district. Ms. Lorenz stated no one told: her she had to be in an industrial zoned area until she met with City Manager Bressner and Mr. Greene, Director of Development in April. Ms. Lorenz was also told that the only thing required would be to appear before the City Commission to have a text change to. allow the tattoo parlor in the C-4 zone: Ms. Lorenz further stated that she has been fully cooperative with the City and was informed by Attorney Cherof that it would have been on the agenda for May 21st and that it wasn't necessary for her to appear before the Planning and Development Board. Ms. Lorenz stated she collected more than 135 signatures on a petition in support of the tattoo parlor from business owners and employees within the area. Mr. Friedland spoke in support of Ms. Lorenz and noted that each generation does their own thing; and complimented Ms. Lorenz in her perseverance. Mr. Ensler said he had concerns and if the system has been working, why change it and feels the code has worked well for the City over the years. Mr. Ensler would like each case to be reviewed on a one -by -one -basis and not generalized. Mr. Rosenstock pointedoutthat this is a conditional use and that any conditional use must come before the Planning and Development Board and the City Commission for approval. Chairman Wische said the code is 20 years old and needs to be changed. Ms' Joy Currier assumed the podium and said that Ms. Lorenz appeared before the Community' Relations Board recently and reported how poorly the city has treated her. Ms. Currier stated that Ms. Lorenz has the right to open a tattoo' parlor. Vice Chair Dube wished to straighten out the record- and asked Chairman Wische if the statements he made about Ms. Lorenz prior to her assuming the podium were made by Mr. Wische as a resident of the city, and not as Chairman of the Planning and Development Board. Chairman Wische said this statement was correct. Also, Chairman Wische informed' Ms. Lorenz that his speaking with her would not affect how he would vote on anything because he could not discuss things that he would be voting on. 8 i Meeting Minutes: - J Planning and Development Board Boynton Beach, FL June 13, 2000 Vice Chair Dube requested that the Recording Secretary reflect in the minutes that all statements made in the beginning by Chairman Wische were made as a private citizen. The landlord leasing the property to Ms Lorenz assumed the podium and spoke in support of Ms. Lorenz. At first he had reservations regarding a tattoo parlor and instructed her to go to the City to determine if a tattoo parlor would be allowed. If allowed, he would lease the space to her. He also pointed out that the lease is a strict lease and prohibits loitering and lingering on the premises and commended Ms. Lorenz on the wonderful job she has done in fixing up the property and she would be an asset to the City. Mr. Finkelstein inquired if the- Board was to: act on approving the tattoo parlor tonight? Mr. Finkelstein was under the impression- that tonight the Board is merely discussing the types of businesses that are not permitted under code and that could be allowed in C-4 on conditional use approval and openly in M-1. Mr. Rumpf stated this was correct. Chairman Wische also noted the Board was not present tonight to vote, but for discussion only. Mr. Rumpf said. that he has had numerous conversations with Ms. Lorenz and that she had not disclosed to him that someone told her on his staff that it was a permitted use in C4. Mr. Rumpf did not dispute this, and felt it is very difficult for zoning code planners to interpret the zoning codes on a daily basis: Chairman Wische read staffs recommendation into the record as follows: "Staff recommends that this proposed code review request be approved to address the unjustifiable exclusion of uses by the city's zoning. regulations. Mr. Ensler stated that he still had concerns about the M-1 zoning district. Mr. Rumpf added that he has interpreted the zoning code and has been confronted by an assortment of uses and that the City's code is quite comprehensive. However no one can be 100% protected from unanticipated use. Mr. Finkelstein raised the point. that the City has not moved forward very much with regard to the overlay district :for Federal Highway and noted that there are C- 4 districts in that area. Also, Mr. Finkelstein noted that- there were uses listed in the Visions 20/20 plan and did not 'think tattoo parlors were listed. Mr. Rumpf said that in the downtownand,marina areas the Plan specifically states that certain uses should be prohibited. However, tattoo parlors. were not specifically excluded. Mr. Hay inquired if the Visions 20/20 Plan recommended doing away with M-1 zoning and Mr.. Rumpf said it did not. 9 u Meeting Minutes Planning and Development Board Boynton Beach, FL June 13, 2000 Motion Mr. Rosenstock moved to grant the request by the City of Boynton Beach to make the amendment as specified in the agenda under Item 7.C.1- entitled "Uses Excluded from Zoning Regulations". Motion seconded by Vice Chair Dube. Mr. Briars Edwards, 629 NE 9th Avenue, Boynton Beach requested to address the Board. Mr: Edwards said that he has been at several meetings when Ms Lorenz 'had been present and he would like to commend: her for her perseverance: Vice Chair. Dube stated that the tattoo parlor is not on the agenda- and that the Board got sidetracked and this does not pertain to the item on the agenda.Mr. Edwards disagreed with this comment. Vice Chair Dube asked Assistant City Attorney Igwe for his opinion. Attorney lgwe noted that the tattoo parlor is a use approval that may eventually come before the Board, but tonight the item on the agenda is the request for the amendment. Mr. Edwards brought up the: subject of the overlay district that had been previously' mentioned. Mr. Edwards stated that there was no discussion about the CRA and noted the CRA was extended down to Gateway. Mr.,. Edwards asked what does the City anticipate North Federal Highway to look like and what types of businesses does the City want there? Chairman Wische called Mr. Edwards out of, order. Mr. Rosenstock said that the Board tonight has been discussing a' potential lawsuit against the City. Mr. Rosenstock further stated that as far as he is concerned the item has nothing to do with tattoo parlors. Mr. Edwards stated that it was Chairman Wische who initiated the conversation about the tattoo parlor and Mr: Edwards has concerns about the zoning and the language. He noted that almost everyone' that has spoken tonight had not addressed the amendment, but the tattoo issue. Chairman" Wische called for a vote on the motion. Motion carried, 6-0 (Mr. Hay had left the daisy. 8. Other A. Discussion = Minimum parking space width Mr. Rumpf said that: he placed this item on the agenda- and asked_ members if they wanted to address a code modification that could be considered and presented to the City Commission. Staff has begun to compile data on parking spaces and Mr. Rumpf pointed out that the issue of parking spaces was negatively -addressed" in the press, which should not have been the case. Mr. Rosenstock asked Mr_ Rumpf if the Planning Department favored a 10' wide 10 Meeting Minutes Planning and Development Board Boynton Beach, FL June 13, 2000 parking space?, Mr. Rumpf stated based on the facts that he garnered, staff wouldsupport the change. Mr. Rosenstock recommended that staff be requested by this Board to continue researching to determine what areas in the City should have 10' minimum width parking spaces. The research should then be presented, to this Board and the City Commission for further consideration. There was:a consensus among the members to proceed With this recommendation. B. Discussion on what transpired at the. last City Commission Meeting (Maurice Rosenstock) Mr. Rosenstock said, he would like to make a recommendation to the City Commission and noted that the City Boards sit and listen to many citizens with. complaints and requests and feels that the Boards really try their best to do a good job on behalf of the citizens of the City. Mr. Rosenstock would like for City Commissioners to have the courtesy to contact the Chairperson of the Board or listen to the tape recorded minutes to ascertain for themselves what the truth of the matter is as to what really transpired, before a Commissioner publicly makes a judgment that gets published in the press. Mr. Rosenstock felt this Board was maligned by the petitioner saying that he was pressured and coerced into something. he didn't want to do. Mr. Rosenstock said the record 'would prove differently. Mr. Rosenstock feels that any Board member should be able to ask a developer to do more than is in the code if they want to comply. If they refuse, nobody has the right to coerce anyone. Mr. Rosenstock used Wal*Mart as an example and how this project agreed to go beyond the code in landscaping. Mr. Friedland asked why the Planning and Development Board was by passed on the billboard issue? Chairman Wische asked Mr. Rumpf to, respond to the question and Mr. Rumpf said this is something that should be directed to the City Attorney's Office. Mr. Igwe stated he was not involved in this issue and could not answer the question. Mr. Friedland, said, he would follow through on this and report back at the next meeting. 10. Adjournment There being no further business, the meeting properly adjourned at 8:20 p.m. Respectfully submitted, Barbara M. Madden .Recording Secretary (one tape) 11 June 13, 2000 Honorable CtLy Commissioners City of Boyalon 8=Ch 100 E, Boynton. Beach Blvd. Ray=u Beacb, P1 3 343 5 RX- Day Vii & reddeutirA proposal Dew Cotnmissicaers. Please aceqn dais letter ofendorsernent for the Bay Vista hmury apart Friday June 9, z000, repres=tgtives totn Alt .m= DevelopmentWm KAday & ASSOCIUM met With a2mbas of our community at our _�jub, details of their r Pmpowd- They provided site elevationsfplans and elevations -c satisfhotarily responded to alt of our questions regewding The pro t. . support for the development at that meedne *a= all tho so M atta&dgm The developmment would be bc=ficial to our neighborhood and vftuld anti= ommuniV. This hi& qual"FEY development should not as et mot k0developwr= on both sides of US I in this area. Sincerely, Cip�JZ *:=Pte Of (3W&tream Homeowners Association e--y�-JL-Jku IF4Z>HM - on and as the aiiolt to The