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Minutes 10-10-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE LIBRARY PROGRAM ROOM ~208 S.. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 10, 2000 AT 7:00 P.M. '4, PRESENT J. Stanley DubS, Vice Chair Robert Ensler, Alternate Pat Frazier, Alternate Mike Friedland Woodrow Hay Steve Myott Maurice Rosenstock Mike Rumpf, Planning & Zoning Director Lindsey Payne, Assistant City Attorney Lusia Galav, Senior Planner ABSENT Lee Wische,. Chairman 1. Pledge of Allegiance In the absence of the Chairman, Vice Chair Dub~ presided and 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 Vice Chair Dub6 introduced the Board members; Mike Rumpf, Director of Planning & Zoning; Lusia Galav, Senior Planner; Lindsey Payne, Assistant City Attorney; and the Recording Secretary. 3. Agenda Approval Motion Mr. Rosenstock moved to approve the agenda, which was seconded by Mr. Hay and unanimously carried 4. Approval of Minutes Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 Motion Mr. Rosenstock moved that the minutes of the September 26, 2000 meeting- be approved as submitted. Motion seconded by Mr. Friedland and unanimously carried. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of September 26, 2000 Planning and Development. Board meeting agenda items. Mr. Rumpf reported on the disposition of the following items by the City Commission at their October 4, 2000 Meeting: 2. 3. 4. 5. 6. The postponement of the Quantum site plan, Lot 50B, a/k/a Gale Industries was approved; The postponement of the Boynton Shoppes' items including the variances, rezoning and new site plan were approved. Under ordinances, the landscaping regulations were approved on second reading. Under .ordinances, the PID regulations for Quantum Park were approved on first reading. Under ordinances, the amendment to the LDR to include nightclubs was approved on first reading. Under ordinances on first reading, the two gas station items were addressed as follows: (a) Gasoline stations located on 12 or more acres was denied; and (b) Gasoline stations as ancillary uses in a PCD of 10 acres or more was approved. Vice Chair Dub6 requested that Assistant City Attorney Payne administer the oath to all persons who would be testifying. (There was no Item 6 on the agenda) 7. Old Business. A. PUBLIC HEARING Maior Master Plan Modification/Rezoning 2 Meeting Minutes Planning & Development Board Boynton Beach, Florida 1. Project Name: October 10, 2000 Agent: Owner: Location: Description: Zoning Code Variance 2. Project Name: Agent: Owner: Location: Description: Project Name: Agent: Description: BOYNTON SHOPPES PCD (HEISE PCD) (applicant requested postponement to the November 14, 2000 Planning and Development Board Meeting) Robert E. Basehart, BaSehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue 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. BOYNTON SHOPPES (Side Yard Setback) (applicant requested postponement to the November 14, 2000 Planning and Development Board meeting) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue 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. Chapter 2 requiring a peripheral BOYNTON SHOPPES (Peripheral Greenbelt) (applicant requested postponement to the November 14, 2000 Planning and Development Board meeting) Robert E. Basehart, Baseh art Consulting, Inc. Request for relief from Zoning, Section 5.F~7.f. minimum ten (10) foot 3 Meeting Minutes ..... Planning & Development Board Boynton Beach, Florida October 10, 2000 greenbelt within the PCD zoning district to allow a five (5) foot variance or a minimum five (5) foot peripheral greenbelt along a 230 foot portion of both the east and west property lines of the Boynton Shop.pes PCD. B. SITE PLAN New Site Plan Project Name: Agent: Owner: Location Description: BOYNTON SHOPPES (applicant requested postponement to the November 14, 2000 Planning and Development Board meeting) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for new site plan approval to construct 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 use located on a 0.727 acre outparcel in the Boynton Shoppes PCD. Vice Chair Dub6 announced that the applicant for Items 7.A. 1, 7.A.2, 7.A.3 and 7.B.1 has requested a postponement to the November 14, 2000 P&D Meeting. Motion Mr. Rosenstock moved to postpone Items 7.A.1, 7.A.2, 7.A.3 and 7.B.1 to the November 14, 2000 meeting. Motion seconded by Mr. Hay and. unanimously carried. Vice Chair Dub6 noted that these items would have to be readvertised. 8. New Business A. PUBLIC HEARING Conditional Use Site Plan 4 Meeting Minutes -- Planning & Development Board Boynton Beach, Florida October 10, 2000 PROJECT NAME: Agent: Owner: Location: Description: THE GRAND (a.k.a. OZONE) Harvey H. McClintock Carl Brockdoff Gulf Stream Mall, 3637 S. Federal Hwy. Request for conditional use approval for a bar/cocktail lounge at the Gulf Stream Mall within 600 feet from a residential zoning district. Vice Chair Dubb noted that staff has recommended approval. Also included in the packet is a letter from the Town of Gulf Stream and approval would be subject to this letter, a copy of'which is attached to the original minutes. Mr. Cai Brockdoff of Baltimore, Maryland took the podium and said he has read all staff comments and the letter from Gulf Stream. Vice Chair Dub~ asked the applicant if he had any comments or questions regarding the backup material? Mr. Brockdoff stated he had no further comment and planned to address all staff comments. Mr. Rumpf gave a brief overview of the project and displayed a site plan of the shopping center on the overhead screen for members to review. The location of the applicant's club in relationship to the Shopping Center was pointed out. The property is located in the northwest corner of Gulf Stream Boulevard and U.S. 1, at the southeastern tip of the City. The property had previously been occupied by Winn-Dixie and lastly as the Grand Nightclub. Mr. Rumpf stated tonight's application is a formal application of what was formerly known as the Grand. Staff has looked at the parking situation currently in the shopping center and has determined that it is underutilized. One of the conditions for approval is that all parking spaces be painted. The current uses of the shopping center were looked at and the possibility exists for shared parking considering the various uses in the shopping center. Mr. Rumpf said that he spoke with the Town Manager of Gulf Stream, Ms. Kristin Gardson and they were in opposition to this type of use. They acknowledged, however, that the best thing that the Town could do would be to generate some comments that could be incorporated into the conditions of the staff report. Mr. Ensler asked Mr. Rumpf to indicate on the plan the residential areas that are within 600' of the site. Mr. Rumpf replied there is only one area within 600' of the site, which is on the west side of the FEC railroad tracks. Mr. Ensler asked Mr. Rumpf to indicate the residential areas in the Town of Gulf Stream that would also be affected, to which Mr. Rumpf complied. Mr. Rumpf stated that this area is affected more by noise from Federal Highway traffic than it would be from the proposed use. 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 Mr. Myott asked if the conditions from the Town of Gulf Stream could be included as an addendum to the comments? Mr. Rumpf stated this was staffs intent and that is why they have been presented with staff's comment. Mr. Myott inquired about the type of entertainment. The applicant stated it would be musically oriented entertainment. The clientele would depend upon the type of entertainment from classic rock to a younger audience with a broad range of music. Mr. Myott inquired about the period of operation and the applicant stated they would like to be open four nights per week, depending upon the schedule of the acts being booked. They do plan to be open every Friday and Saturday. Mr. Myott inquired about the drinking service versus the food service. The applicant stated it would mainly be bar service. Currently there would be no food service because of the costs involved: Typically, there would be one show per night. Mr. Myott asked the applicant if he has other establishments similar to the one being proposed and he stated that he and his mother own a nightclub in Baltimore, Maryland. Mr. Brockdoff presented letters of recommendation from the Baltimore Police Department, the State Commissioner of the Maryland Board of Liquor Licenses and the Community of Curtis Bay Association, which are attached to and made a part of the original minutes. Mr. Myott asked the applicant if he was involved in the operation of the Grand and he stated he had nothing to do with the Grand, but is familiar with the history of that club. The club failed because it was undercapitalized and cut a lot of corners. They were granted a temporary Certificate of Occupancy and then ran into trouble with the clientele. Mr. Friedland is of the opinion that this type of establishment could be a benefit to the community in offering some type of entertainment to attract people. Mr. Friedland questioned the last staff comment about the recommendation of a period of one year be allowed to initiate the project. Mr. Rumpf replied that this is a generic comment, considering this is a new project. Mr. Rosenstock asked about the seating arrangements and was informed that for most events, there will be no seating since seating could have an impact upon the space. However, some acts will warrant seating. Mr. Rosenstock asked about the anticipated capacity for the events and the applicant stated that it could be around 1,800 people which would occupy all four rooms if they were all utilized. Mr. Rosenstock noted that there are 440 parking spaces. The applicant stated usually people patronize nightclubs in groups of three or more people and it would be very unusual to have a vehicle for every patron. Mr. Rosenstock asked about security for this large amount of people? The applicant stated he has met with Lt. Leonard of the City Police Department and the applicant plans on hiring a minimum of one-half dozen off-duty police officers whenever a large crowd is expected. Mr. Rosenstock also expressed concern 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 about the sound emanating from the nightclub and asked what the applicant's'~ plans were with regard to soundproofing. Mr. Brockdoff stated there were no open windows and the club would be completely closed during performances. The applicant stated that they are installing sound absorbing acoustic panels around the perimeter of the interior. Mr. Hay asked if there were plans to improve the exterior of the building. The applicant said they plan on coordinating the color scheme with the remainder of the shopping center, as well as new signage and exterior lighting. Vice Chair Dubb asked where the valet parking would be and the applicant stated they haven't had time to really address this. Vice Chair Dubb had concerns that there might not be enough parking for the other establishments in the shopping center. Mr. Friedland asked if the colors and the signage would be coming back to staff. Mr. Rumpf replied that there would be no site signage for the project and the applicant is only placing a sign on the building. Also, Mr. Rumpf pointed out that there is no established character in this shopping center that the applicant could deviate from that would require him to come back to staff. The applicant agreed to show the planned signage to staff. Vice Chair Dub6 also had concerns about the parking once the pool hall opens. Mr. Brockdoff stated they also planned to have their own security staff of approximately 15, together with the six off-duty police officers to handle the parking situation. Mr. Rumpf discussed the parking situation and stated that staff has looked at the parking numbers. The applicant noted that the owner of the property has discussed parking arrangements with the office building just to the south of the site that could be utilized for parking over the weekend. This would provide for approximately an additional 100 parking spaces. Mr. Rumpf stated there are 440 spaces available on site and pointed out other additional spaces in the area that could be utilized. Vice Chair Dub~ opened up the public hearing. Mr. Robert Dittman, 925 Orchard Lane, Gulf Stream lives in the subdivision that is southeast of the project and feels everyone would like to see this shopping center become successful and noted that he has lived in his subdivision for over 25 years. Mr. Dittman stated when the site was called the Grand there was a noise problem and his house is located approximately 1,200' from the site. Mr. Dittman said that he also has concerns about the parking and traffic and requested that the Board consider the parking situation carefully. Vice Chair Dub~ welcomed Mr. Quintus Greene, the Director of Development, who joined the meeting. 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 Ms. Mary Law, 625 South Federal Highway, Boynton Beach asked how Tiffany's was able to operate because she understood that this type of establishment had to be at least 1,000' from another drinking establishment. Also, she was not sure how the City was measuring the site to the residential areas. Mr. Rumpf replied that the subject use is not considered adult entertainment. Further, Mr. Rumpf stated it is a legal non-conforming use based upon its 1,000' proximity to residential zoning districts. The subject use is included in a conditional use category because it is within 600' of a residential zoning district. However, it is not a use that would be measured against adult entertainment establishments. Vice Chair Dub6 closed the public hearing. Ms. Frazier inquired if any residents within the area contacted staff? Mr. Rumpf stated they received no correspondence or telephone calls. Mr. Ensler said he has concerns about the welfare of the community and the problems with the noise. Mr. Rumpf pointed out that these issues are addressed in staffs report and acknowledged that certain intangibles may arise that were not anticipated. However, relying upon the information provided and the size of the shopping center, staff has recommended approval. Further, this is the largest existing site in the City with this type of vacancy. Mr. Rosenstock asked if there is a City Code with regard to decibels within certain distances of residences? Mr. Rumpf replied there are regulations that would be enforced by the Code Compliance Division and there is a set maximum. Mr. Rumpf was uncertain as to what this is. Mr. Rosenstock requested that the City measure the number of decibels emanating from the club. Also, Mr. Ensler requested that the frequency levels be measured. Mr. Brockdoff referred to the letters from the City of Baltimore that addressed the concerns expressed by the Board members and stated that for the five years of operation of his club in Baltimore, there have been no complaints or violations whatsoever. Motion Mr. Friedland moved to approve the request for conditional use approval for a bar/cocktail lounge at the Gulf Stream Mall within 600 feet from a residential zoning district, subject to ali staff statements and comments, including the letter from the Town of Gulf Stream. Mr. Hay seconded the motion. Motion carried 6-1 (Mr. Ensler dissenting). Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 Zoning Code Variance PROJECT NAME: Agent/Owner: Location: Description: CASE VARIANCE (front setback) Gary C. & Pamela J. Case 811 Ocean Inlet Drive Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum front setback of 25 feet to allow a 5-foot front variance or a 20-foot front setback to construct an enhanced front entry. Vice Chair Dub6 acknowledged that he had a conversation with Mrs. Case regarding the issue, as did Mr. Myott. Mr. Ensler stated he received a telephone call from Mr. Case, but did not discuss the case. Gary and Pam Case, 811 Ocean Inlet Drive, Boynton Beach took the podium and stated they have lived at this address for 22 years. Vice Chair Dub6 noted that staff has recommended denial because the applicants have not met the requirements for the variance, i.e. that it is a hardship. Mr. Case stated he did not agree with staff's recommendation. Mr. Case stated he researched the development when it was originally platted in 1952 and the plat indicates that the rear set back is 15' and in 1975 the City changed it to 25'. Also in the Coquina Cove subdivision, the lots on the south side of Ocean Inlet Drive are larger and are on a canal. Whereas, the lots on his side of Ocean Inlet Drive are smaller and are open to the Intracoastal. Mr. Myott noted that these types of requests have previously come before the Board and are usually recommended for denial. Mr. Rumpf stated that traditionally hardships are based on peculiarities of either the use or the land itself. Mr. Myott said he would like to see nicer and larger houses in this area. Also, Mr. Myott noted there is an oVeday district being proposed for this area. The applicant pointed out there are four two-story homes at the end of Coquina Cove that all have enhanced entranceways. Mr. Case presented an aerial photograph of the development, which the Board members reviewed. Mr. Rosenstock inquired if there were any objections from the neighbors and the applicant stated there were none. Further, the applicant was in possession of letters from his neighbors approving the project. Mr. Rosenstock felt if the neighbors had no objections, why should the Board deny the request? Mr. Rumpf replied that staff cannot rely upon neighbors on Whether a hardship exists. Vice Chair Dub6 announced the public hearing. 9 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 Mr. Harry Woodworth, 685 NE 15th Place, Boynton Beach said he lives in thi~'c development and sold his house, because he wasn't able to improve it and moved 150 yards to build a new house. Mr. Woodworth feels that the City has made it impossible for residents to improve one of the most beautiful neighborhoods in Boynton Beach and fully supports the applicant. Mr. John Alvaroe, 680 NE 15th Place, Boynton Beach, who lives near the applicant stated he supported the applicant 100%. Mr. Alvaroe said that across the street from the applicant is a 2-story house worth at least $600,000. He noted that all the applicant wants to do is add a little to the front and noted that in the back the property goes back to the seawall. Motion Mr. Rosenstock moved to grant relief to Gary C. and Pamela J. Case from Chapter 2, Zoning, Section 5.C.2.a requiring a minimum front setback of 25 feet to allow a 5 foot front variance or a 20 foot front setback to construct an enhanced front entry. Motion seCOnded by Mr. Myott and carried 7-0. PROJECT NAME: Agent/Owner: Location: Description: CASE VARIANCE (rear setback) Gary C. & Pamela J. Case 811 Ocean Inlet Drive Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25 feet to allow a nine (9) foot rear variance to a 16-foot rear set back to construct a covered porch. Vice Chair Dub~ noted this is the same applicant and is a variance for a rear setback. Vice Chair Dub6 announced the public hearing. Mr. Stephan Homrich, 690 NE 15th Place, Boynton Beach said he supports the variance, but would like the applicant to eliminate an eyesore that presently exists on the property, which is a cement wall that sits at the seawall. Mr. Homdch would like the same texture and paint color that is applied to the house applied to this wall. Also, Mr. Homrich stated that the applicant has a light that shines from his house onto the dock and Mr. Homrich would like the light redirected. Mr. Homrich said he supports the variance with these two conditions being met. Mr. Harry Woodworth, 685 NE 15th Place, Boynton Beach-said he supports the setback variance and agreed with Mr. Homrich that he would like to see a finish applied to the wall and the light redirected. 10 Meeting Minutes .... Planning & Development Board Boynton Beach, Florida October 10, 2000 Mr. John Alvaroe, 680 NE 15th Place, Boynton Beach said he feels the same way as Messrs. Woodworth and Homrich and would like to see the light hooded or redirected and the wall have a texture applied. Otherwise, he supports the setback. Vice Chair Dub~ closed the public hearing and asked the applicant if he would like to respond to the previous testimony. The applicant stated that the light is a security light and said he would put a hood on the light. Also, the applicant said he would texture the wall. Mr. Rumpf noted that Assistant City Attorney Payne stated these comments have nothing to do with the request for a variance, which the Board acknowledged. Mr. Rosenstock stated that this Board has been criticized in the past in asking petitioners to improve conditions when requesting something else. Mr. Rosenstock acknowledged that this Board has no authority in asking the applicant to do anything beyond their requests for setbacks. Mr. Hay asked the applicant if he felt pressured to agree to these requests and the applicant replied he did not feel pressured. Motion Mr. Rosenstock moved to grant relief to Gary C. and Pamela J. Case from Chapter 2, Zoning, Section 5.C.2.a requiring a minimum rear setback of 25 feet to allow a nine (9) foot rear variance or a 16 foot rear setback to construct a covered porch. Motion seconded by Mr. Myott and carried 7-0. PROJECT NAME: Agent: Location: Description: ARLENE HENRY VARIANCE (rear setback) Adene Henry 144 SE 31st Avenue Relief from Chapter 2, Zoning, Section 5.C.2.a. requiring a minimum rear setback of 25 feet to allow an 11.9-foot variance resulting in a 13.10 foot rear setback to allow a rear addition on property zoned R1AA. Vice Chair Dub~ noted that staff has also recommended denial of the application since the applicant does not meet the required hardship. Ms. Arlene Henry, 144 SE 31st Avenue, Boynton Beach said that there are snakes, raccoons and other animals in the woods behind her property. Her 11 Meeting Minutes ~, Planning & Development Board Boynton Beach, Florida October 10, 2000 children play in the yard and she is concerned for their safety. Vice Chair Dub6 noted for the record that the applicant's property borders the Seacrest Scrub. Ms. Frazier inquired if there was a fence between the applicant's property and the Seacrest Scrub and she stated there was a fence. Ms. Henry would like to enclose the patio so that the children could play outside safely. She noted that the concrete slab is already on the property and she merely wants to enclose it. The slab is already in the setback. Mr. Myott noted that there are code violations on the property and asked if there was already a roof over the slab. The applicant stated there was a roof, which was built without a permit and she said she was unaware that a permit was required. Mr. Rosenstock inquired if the roof was present when the applicant purchased the property and she stated it was. Mr. Rumpf noted that the property was cited as a result of the applicant being observed making improvements without a permit. Mr. Myott asked the applicant if she applied for a permit, which she stated she did. However, the permit was rejected because of the setback being non- conforming. In order for the applicant to bring the property up to code, she needs a variance. Mr. Rosenstock noted that if the variance was denied, the applicant would probably have to tear the roof down, but Mr. Rumpf was uncertain on this. However, he noted if it was in a state of disrepair as a non-permitted structure, the applicant could be required to take it down. Mr. Rumpf announced that he received three letters in support of the variance. Vice Chair Dub~ announced the public headng. Mr. Charles Brunner, 152 31st Avenue, Boynton Beach stated he resided next to the applicant and that the structure was an existing structure when she purchased the property. Mr. Brunner further stated that the applicant would be improving the neighborhood, as well as her property, and was in favor of her application for a variance. Motion Mr. Myott moved to grant relief to Adene Henry from Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum rear setback of 25 feet to allow a 11.9 foot variance resulting in a 13.10 foot rear setback to allow a rear addition on the property zoned R1AA to allow the completion of an existing structure to this property at 144 SE 31st Avenue. Motion seconded by Mr. Ensler and carried 7-0. 12 Meeting Minutes ~ Planning & Development Board Boynton Beach, Florida October 10, 2000 PROJECT NAME: Agent: Owner: Location: Description: DONDI REALTY VARIANCE4' (CRESTVIEW) (rear setback) Dan Hess/Dondi Realty Group Inc. Dondi Realty Group, Inc. 2211 SE 3rd Street (Lot 30, Crestview Subdivision) Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a. to allow a two and one-half (2.5) foot reduction from the minimum twenty-five (25) foot rear setback required within R- 3 zoning district for a duplex residence. Mr. Dan Hess, 4128 Francis Drive, Delray Beach, Florida stated that there are other ways that he could address the building and not encroach on the rear set back by designing the duplexes parallel to the train tracks and parallel to the street. By designing this building this way, eight out of the 12 bedrooms would have windows that would open to the train tracks and four of the 12 bedrooms would face the street. Also, the entrances and family rooms would face the street. However, Mr. Hess felt it would be better for the tenants and the City by redesigning the building. The only way to accomplish this would be to place the building perpendicular to the tracks and the street. This would create the maximum space between the tracks and the bedrooms. This would also provide for a common area in the middle of the buildings. The buildings are three bedroom, two bath units directed towards families. There was no one that wished to speak during the public hearing. Motion. Mr. Friedland moved to approve the request for relief for 2211 SE 3rd Street from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.F.2.a to allow a two and one-half (2.5) foot reduction from the minimum twenty-five (25) foot rear setback required within R-3 zoning district for a duplex residence. Motion seconded by Ms. Frazier and carried 7-0. Abandonment 6. PROJECT NAME: QUANTUM PARK BUSINESS CENTER LOTS 32-39 Agent: Eugene A. Gerlica, Mock, Roos & Associates, Inc. Owner: Gateway Business Park L.C. 13 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 Location: Description: North of the intersection of Gateway~ Boulevard and Quantum Boulevard, Lots 32-38 in the Quantum Park PID Request for utility easement abandonment between lots 32 and 33 in the Quantum Park PID Vice Chair Dub~ noted that staff recommends approval. Mr. Eugene Gerlica of Mock, Roos & Associates, Inc., 5720 Corporate Way, West Palm Beach, Florida stated he was agent for the owner, Gateway Business Park L.C. Mr. Rosenstock has objections when profit making corporations come to the City to acquire additional property to be abandoned and the City gives it away for nothing. Mr. Rosenstock feels the City should be compensated for the property, if it is no longer needed by the City. Assistant City Attorney Payne responded that the law states if the land is no longer needed, the property automatically reverts to the abutting property owner. Mr. Rosenstock suggested that an exchange of properties could take place. Vice Chair Dub6 announced the public hearing. Mr. Mike Fitzpatrick, 101 SW 4t~' Avenue, Boynton Beach stated he is a member of the Sierra Club and said he appeared at the last meeting and presented photographs which showed that this particular piece of property had been land scraped. Mr. Fitzpatrick felt that the applicant should have relocated and transplanted the native plantings, but feels they did not do this, which is a condition of the Quantum Park agreement. Mr. Myott asked Mr. Fitzpatrick if he followed through on this with the City and Mr. Fitzpatrick stated he spoke with Kevin Hallahan. Ms. Mary Law, 625 S. Federal Highway, Boynton Beach asked if the property owners were properly notified on the Grand hearing and Mr. Dub6 stated they were. Mr. Rumpf replied that all property owners that reside within 400' of the application received direct notice. Vice Chair Dub~ closed the public hearing. Mr. Gedica replied with regard to the issue on the clearing of the site when the property was developed, it was required to have 40 acres of preserve and they have complied with this. Because of the flora and fauna within Quantum Park, it is a condition of the DRI that each landowner perform an environmental assessment and this was done for this particular site. Mr. Gedica explained the Meeting Minutes Planning & Development Board Boynton Beach, Florida October 10, 2000 process they went through to comply with the conditions of the DRI. Also, there is~' a great deal of landscaping between Gateway Boulevard and Quantum Boulevard that will remain. Further, Mr. Gedica pointed out that there will be a number of utility easements granted to the City for water mains for fire protection purposes. Mr. Gerlica stated the reason for the abandonment is because the easement is located between two lots and is only 10' wide. The Quantum Community Development District has a 42" drainage pipe going in that will be servicing the entire park. This new drainage pipe will be relocated, upsized and improved and placed in a 20' wide drainage utility easement. Motion Mr. Hay moved to approve the request for utility easement abandonment between lots 32 and 33 in the Quantum Park PID, subject to staff comments. Motion seconded by Mr. Friedland and carried 7-0. 9. Other None 10. Comments by members Mr. Ensler noted that on tonight's agenda there were four variance requests that had been recommended for denial by staff, yet the Board approved all four applications. Mr. Ensler feels that a definition problem exists on how staff reviews these requests. Mr. Ensler would like this disparity looked at in more d e pth. Mr. Rosenstock noted that sometime back the legal department furnished the Board with definitions on what constitutes the validity to grant a variance and feels that the variances granted tonight did not meet the criteria. Attorney Payne said this is more of a Code problem, which should be looked at. Mr. Rosenstock requested that the legal department research the latitude, which the Board can use in granting a variance. Attorney Payne stated she would look into this, but noted that she knows of no other cities that use anything other than hardship in granting variances. Vice Chair Dub6 inquired if the City Commission had the power to overrule this Board on a variance? Attorney Payne replied that the decision of this Board can be appealed to the City Commission by staff or the applicant. 15 Meeting Minutes - Planning & Development Board Boynton Beach, Florida October 10, 2000 6. Adjournment There being no further business, the meeting propedy adjourned at 9:00 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (2 tapes) 16 BALTIMORE POLICE DEPARTMENT MAP.TIN O'MALI~EY Mayor September 8, 2000 To whom it may concern: Fantasies Nightclub is located in the Curtis Bay area of Baltimore City, MI). The proprietors of Fantasies Nightclub operate their establishment in a very professional fashion. They appear to take all reasonable precautions to insure that their business stays in compliance with all applicable laws of Baltimore City. Fantasies peacefulIj/coexist~ with area residents and other local businesses. Baltimore City records indicate that there have been no violations regarding the service of underage patrons, or community complaints regarding public drunkenness, noise or debris during approximately the last five years. Any questions pertaining to the information contained in this letter may be addressed by contacting me at Baltimore City Police Southern District Headquarters. The phone number is 410'.396.2499. Sincerely, Police Officer M. Runk Southern District ~O1 ~". {='AYETTE STREET BALTI,MOR~=', MARYL.AND 21202 AREA CODE 410-396-2~325 BALTIMORE POLICE DEPARTMENT September 8, 2000 To whom it may concern: Fantasies Nightclub is located in the Curtis Bay area of Baltimore City, MD. The proprietors of Fantasies Nightclub operate their establishment in a very professional fashion. They appear to take all reasonable precautions to insure thiit their business stays in compliance with all applicable laws of Baltimore City. Fantasies peacefUlly coeX~s~ with area residents and other local businesses. Baltimore City records indicate that there have been no violations regarding the service of underage patrons, or community complaints regarding public drunkenness, noise or debris during approximately the last five years. Any questions pertaining to the information contained in this letter may be addressed by contacting me at Baltimore City Police Southern District Headquarters. The phone number is 410.396.2499. Sincerely., Police Officer M. Runk Southern District 601 E FAYETT~' STRE:I;T BALTIMORE, MARYLAND 21202 AREA CODE: 410-396-2525 CHAIRMAN STATE OF MARYLAND BOARD OF LIQUOR LICENSE COMMISSIONERS FOR BALTIMORE CITY SUITE 200, 10 SOUTH STREET BALTIMORE, MARYLAND FAX ~41 August 1 7, 2000 To Whom it May Concern: The Kimmico Corporation trading as Fantasies located at ,5520 Pennington Avenue, Baltimore, Maryland 21226 is a unique licensed establishment. Fantasies holds both a State of Maryland liquor license and a Baltimore City adult entertainment license. Furthermore, Fantasies has not appeared before the Board of Liquor License Commissioners for any violations of either the State of Maryland's liquor laws or the City of Baltimore's adult entertainment laws for over two years. If any additional information is required, please contact me at (410) 396- 4380. ~i~ry truly y°urs'~--) Na'tlqan C. I rby, I r. Executive Secretary NCl/cc L[n~ARD Fl. SKOLN1K CO~ISS3ONER$ WILLI,~M A. W~'LCH. JR. DEPUTy F..,.XEGUTIV~' SEG~E?ARY ~'TATE OF' MARYLAND BOARD OF LIQUOR LICENSE COMMISSIONERS FOR BALTIMORE CITY SUITE 200, 10 SOUTH STREET i=ALT'IMORE, MARYLAND August 17, 2000 To Whom it May Concern: The Kimmico Corporation trading as Fantasies located at .5520 Pennin~ton Avenue, Baltimore, Maryland 21226 is a unique licensed establishment. Fantasies holds both a' State of Maryland liquor license and a Baltimore City adult entertainment license. Furthermore, Fantasies has not appeared before the Board of Liquor License Commissioners for any violations of either the State of Maryland's liquor laws or the City of Baltimore's adult entertainment laws for over two years. If any additional information is required, please contact me at (410) 396- 4380. NC1/cc C. ,rbY, Jr. Executive Secretary September 12, 2000 To Whom it may concern: This letmr ~s to introduce the Fantasies Night Club located at 5520 Penningron Avenue Lu Curtis Fantasies Night Club has been 1~ in our neighborhood for five years. In that time this business has not been a problem. They maintain a clean aPPearance and very good control of their patrons. They seem to attract a middle to upper class clientele. There have been no repotted problems retated to their establi~ent since ithas opened. There are no Liquor Board or Zonir~ violatiom on record. Famasies Nightclub has been a good neighbor, David Schuyler ~ ~ President, Community of Curtis Bay Association Working for a Better Curtis Bay ! ;HE COMMUNITY OF CURTIS .BAY ASSOCIATION CCur~is B~, MD ,21~6 Scptem~ 12, 2000 To Vfaom it may concern: This letter is to introduce the Fantaxies Night Club located at 5520 Pennington Avenue in Curtis Bay, Maryland. Fanlasies Night Club has been located in our neighborhood for five years. In tha~ time this business has not been a pmblent They mainlain a clean appearance and very good control of ~ palrons. Ti~ seem to attract a middle to upper class clientele. There have been no reported problems related to their establi~ent since it has opened. There are no Liquor Board or Zoning violations on recor~t Fantasies Nightclub has been a good neighbor~ President, Comm~ of Curtis Bay Association Working for a Better Curtis Bay !