Loading...
Minutes 10-24-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE LIBRARY PROGRAM ROOM 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, OCTOBER 24, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dub6, Vice Chair Robert Ensler Mike Friedland Woodrow Hay Steve Myott Maurice Rosenstock Mike Rumpf, Planning & Zoning Director Nicholas Igwe, Assistant City Attorney Lusia Galav, Senior Planner ABSENT Pat Frazier, Alternate 1. Pledge of Allegiance Chairman Lee Wische presided and called the meeting to order at 7:00 p.m. and led the Board and audience in the Pledge of Allegiance to the Flag. Chairman Wische announced that if anyone in the audience had come to testify in the Walgreen case, it had been withdrawn by the applicant. 2. Introduction of the Board Members and Staff Chairman Wische introduced the Board members and gave a brief description of their qualifications. He welcomed Bob Ensler as a regular member of the Board. He then introduced the City staff: Mike Rumpf, Director of Planning & Zoning; Lusia Galav, Senior Planner; Nicholas Igwe, Assistant City Attorney; and the Recording Secretary. 3. Agenda Approval Motion Vice Chair Dub6 moved to approve the agenda with item 8(A)1 to be removed. Mr. Rosenstock seconded the motion that carried 7-0. 4. Approval of Minutes Motion Meeting Minutes '~" · Planning & Development Board Boynton Beach, Florida October 24, 2000 Mr. Rosenstock moved to approve the minutes of the October 10, 2000 meeting. Mr. Hay seconded the motion that carried 7-0. 5. Communications and Announcements A) Planning and Zoning Report 1) Final disposition of October 10, 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 17, 2000 meeting: 1) The Quantum site plan, Lot 50B a/k/a Gale Industries, was tabled by the Board and the City Commission. 2) The Gary Case variances, the Arlene Henry variance, and the Dondi Realty variance were all approved pursuant to the Board's recommendations. 3) In the Public Hearing, the Quantum Park Business Center Lots 32-38 utility easement abandonment was approved. 4) The conditional use approval for the nightclub The Grand (a.k.a. The Ozone) was approved. Assistant City Attorney Igwe administered the Oath to all persons who would be testifying at the meeting. (There was no item 6 on the agenda.) 7. Old Business A. PUBLIC HEARING New Site Plan 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Quantum Lot 50B (Gale Industries) Michael J. Jaroch C/o Bentley Architects & Engineers, Inc. Gale Industries Lot 50B Quantum Park PID Request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse loCated on 4.25 acres 2 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 24, 2000 Carlos Ruiz, representing the Collage Companies, took the stand and Chairman Wische advised him that they had seventeen staff comments. Chairman Wische asked Mr. Ruiz to restrict his comments to the items on which he disagreed or needed clarification. Mr. Ruiz said they did not have any questions and agreed with all staff comments. Lusia Galav, Senior Planner, reported that the applicant had come to the Board before and the Board had asked the applicant to make some revisions to the elevation drawings. Those revisions have been made. AlsO, the applicant has met with the Quantum Architectural Review Committee who has issued the applicant a letter of approval. Mr. Myott said that it looked better and he was glad to see that the brick was gone. Mr. Ensler asked what the approval letter from the Quantum Architectural Review Committee said because the Board did not get a copy of the letter. Mr. Ruiz said the letter had some comments the Review Board had about the landscaping and at the time that it was submitted, the landscape architect had not been able to complete the changes. Mr. Ensler asked if that had been the only comment on the letter and the applicant replied in the affirmative. There were no requests to speak on this issue from the public. Motion Vice Chair Dub~ made a motion to approve agenda item 7(A)1, the request for new site plan approval to construct a 14,810 square foot commercial/industrial warehouse located on 4.25 acres. Mr. Friedland seconded the motion that carried 7-0. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Woolbright Medical Building (Freeman) Everett Jenner Woolbright Corporation of Boynton Beach Woolbright Road and 22nd Street (northwest corner) Request for new site plan approval to construct a 7,380 square foot medical office building on 0.39 acres Mr. Everett Jenner and Dr. Mark Freeman went to the podium. Dr. Freeman said he had been working as a medical doctor in the area for fifteen and a half years. Lusia Galav stated that this project had been withdrawn at a prior Planning & Development Board meeting. The applicants had submitted a plan that was taller than the site limits for that zoning district and their revised plan does meet those height requirements. Chairman Wische asked the applicants if there were any of the staff comments with which they disagreed. Meeting Minutes Planning & Development Board Boynton Beach, Florida October 24, 2000 The applicants stated that they agreed with all of the staff comments. There were no requests to speak from the public on this issue. Chairman Wische complimented the applicants on their rendition of the proposed building. Vice Chair Dub~ thought there had been a problem with the ceilings within the rooms but said that this had evidently been remedied. Mr. Friedland asked what had been done about the parking? The applicant stated the parking arrangements were basically the same and that it was under the building. Chairman Wische said that staff comments indicated that parking requirements were met. Motion Mr. Hay made a motion to approve Agenda Item 7(A)2, the request for new site plan approval to construct a 7,380 square foot medical office building on 0.39 acres. Vice Chair Dub~ seconded the motion. The vote was 6-1 with Steve Myott dissenting. 8. New Business A. PUBLIC HEARING Land Use AmendmentJRezoning PROJECT NAME: AGENT: APPLICANT: LOCATION: DESCRIPTION: Golf Road and Congress Avenue Drugstore Kilday and Associates Milnor Corporation, Inc. Northeast corner of Congress Avenue and Golf Road (SW 23rd Avenue) Request to amend the Comprehensive Plan Future Land Use Map from Office Commercial (OC) to Local Retail Commercial (LRC) and rezone form Office/Professional Commercial (C- 1) to Community Commercial (C-3) to construct a drugstore with drive through on 2.09 acres. Chairman Wische announced that this application had been withdrawn by the applicant. Rezoning/Master Plan Approval 4 Meeting Minutes '- ~ Planning & Development Board Boynton Beach, Florida October 24, 2000 PROJECT NAME: Boynton Beach Boulevard PCD (BJ's Wholesale Club) AGENT: Roscoe Biby, Kimley-Horn & Associates, Inc. APPLICANT: Birchwood/Boynton, L.L.C. OWNER: University of Florida Foundation, Inc., a Florida corporation and University of Florida Foundation Corporation, as Trustee LOCATION: Southwest corner of Boynton Beach Boulevard and Winchester Park Road DESCRIPTION: Request approval for a Planned Commercial Development (PCD) Master Plan for 14.77 acres to include a BJ's Wholesale Club store, gas station, a bank, two future retail/restaurant outparcels and related improvements Motion Vice Chair Dub6 made a motion to postpone agenda item 8(A)2, BJ's Wholesale Club, to the Planning & Development meeting of November 14, 2000, at the applicant's request. Mr. Ensler seconded the motion that carried 7-0. Abandonment 3. PROJECT NAME: Grotto Bay and Bermuda Place AGENT: Joni Brinkman, AICP, of Winston Lee & Associates, Inc. APPLICANT/ Quantum Park & Village, LLC OWNER DESCRIPTION: Request for 20-foot utility easement abandonment between lots 60 and 61 in the Quantum Park PID Motion Vice Chair Dub6 made a motion to postpone agenda item 8(A)3, Request for 20-foot utility easement abandonment between lots 60 and 61 in the Quantum Park PID at the owner's request. Mr. Ensler seconded the motion that carried 7-0. (Steve Myott left the meeting at 7:15 p.m.) 9. Discussion on Noise Levels Staff distributed a report, which they had prepared at the Board's request, addressing maximum city noise levels and a comparison of sound levels from different sources. 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 24, 2000 The report contained the section of the Boynton Beach Code of Ordinances that pertains to sound, Section 15.8.8. Vice Chair Dub6 asked Mr. Rumpf who had sound measuring meters? Mr. Rumpf replied that the Code Enforcement officers and some of the Police officers had them. He also said he understood that in order to use them they had to attend a course on the subject. Vice Chair Dub6 asked how this related to the County pockets where there were those who were abusing the sound levels? Mr. Rumpf said he did not believe that there were any agreements with the County pertaining to noise. He said there were mutual aid agreements between the police departments but not Code Compliance, to his knowledge. Vice Chair Dub6 stated that a school was engaging in construction for seven days a week, operating heavy equipment and making a lot of noise. Mr. Rosenstock said that construction could not start until 8:00 a.m. Mr. Rumpf said it was still in a County pocket so the question was "How enforceable are the City regulations in a County pocket area?" Mr. Rosenstock said the fact was that they were violating the decibel laws and the sound was carrying beyond the County pocket lines. Mr. Ensler stated that it was a form of pollution. Mr. Rosenstock believed that the School Board should be contacted. Vice Chair Dub6 wondered if the Boynton Code would be enforceable in this particular situation. Mr. Rumpf said that the City's Code was definitely enforceable within the City limits of Boynton Beach. Vice Chair Dub6 said the County was abusing noise levels because the school came under Palm Beach County School Board. Mr. Rumpf offered to put in a telephone call to a contact he had that might be able to assist in the matter. Mr. Ensler asked if violation of the Boynton Beach Code of Ordinances would constitute a misdemeanor?. Assistant City Attorney Igwe said he believed it was civil and not criminal. A misdemeanor would imply that it was a criminal act. Mr. Rumpf replied that violations went through the citation process of the Code Compliance Department. Mr. Ensler asked what the process was, and how long it would take to end the problem if someone exceeds the limit? What teeth do we have to make it stick? Mr. Rumpf said that in a worst case condition, a lien could be placed against someone's home. Mr. Ensler asked how long it would take if someone exceeded the sound limits? Assistant City Attorney Igwe referred to the series of warnings and notices given by the Code Compliance Department, which could ultimately result in fines being levied. It was mentioned that the first step would be a warning and notice of violation and the period of time for compliance was normally 30 to 45 days. At the end of this time there would be a reinspection. If no compliance had been achieved by the end of the "grace period", the person would be appear before the Code Compliance Board and a fine would be levied against them. Assistant City Attorney Igwe said that they should go through the Code Compliance route and that they could issue a Cease and Desist order, which would cover the situation for an indefinite period of time, and they could apply a lien. Another route would be to prosecute through the court system. He said he would look into the matter further. 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida October 24, 2000 Mr. Friedland appreciated the information but said if anything like the nightclub came up again, he believed it was up to staff to work with Code Enforcement and the Legal Department. There is not much we can do about this until we have a specification. Mr. Rumpf said that they should rely on the system itself to address those violations. 9. Comments by Members A) Absenteeism Policy on Boards Vice Chair Dub6 said that Chairman Wische had discussed the absenteeism policy for City Boards with City Manager Bressner. Vice Chair Dub6 said that he and Chairman Wische had both been subject to absenteeism in the past year due to having been in the hospital. He referred to his open-head surgery last year and Chairman Wische's two operations. He said they really needed to get an interpretation on the City's policy. He said there was no way either of them could have come to the meetings. They are being forced to attend to avoid being thrown off the board. Chairman Wische said the only reason he and Vice Chair Dub6 had missed meetings was due to the recovery period following their operations. In talking with City Attorney Cherof, he seemed to think these were excused absences but the issue needs to be taken up with the City Manager and the Commission. I believe it is an administrative thing. Assistant City Attorney Igwe said he would discuss it with City Attorney Cherof, research it, and report on it at the next meeting. B) Hardship as Condition for Granting Variances Mr. Ensler stated that at the last meeting there had been discussion about hardship when it came to granting variances, and asked Assistant City Attorney Igwe if Assistant City Attorney Payne had gotten back to him on this issue? She had been asked to find out what latitude the Board had in deciding whether variances should be granted or not. She had responded that she knew of no other City that used anything other than hardship but she would research it. Assistant City Attorney Igwe said he was working with City Attorney Cherof on a memo and as soon as they had something they would send it to the Board. 10. Adjournment Motion Mr. Hay made a motion to adjourn the meeting at 7:30 p.m. The motion was seconded and carried 6-0. Res_.p~ectfully submitted, Recording Secretary (one tape) 7