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Minutes 06-26-01MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL BOYNTON BEACH:, FLORIDA, ON TUESDAY, JUNE 26, 2001 at 7:00 P.M. PRESENT Steve Myott, Vice Chairman William Cwynar Robert Ensler Mike Fitzpatrick Woodrow Hay Maurice Rosenstock Mike Friedland, Voting Alternate Ed Currier, Alternate David N. Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director ABSENT Lee Wische, Chairman 1. Pledge of Allegiance In the absence of Chairman Wische, who is recovering from surgery, Vice Chair Myott called the meeting to order at 7:00 p.m. and led the Board and audience in the Pledge of Allegiance to the Flag. A quorum was present. 2. Introduction of the Board Members Vice Chair Myott introduced the Board members and Assistant City Attorney David N. Tolces. 3. Agenda Approval Mr. Rosenstock requested that Item 6.A.4 (School Board 981) be moved up as the first item on the agenda. Motion Mr. Rosenstock moved to approve the agenda, as amended. Motion seconded by Mr. Fdedland and unanimously carried. 4. Approval of Minutes Mr. Ensler moved to approve the minutes of the May 22, 2001 meeting. Motion seconded by Mr. Hay and unanimously carried. Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 = Communications and Announcements A. Planning and Zoning Report (t) Final disposition of the May 22, 2001 Planning and Development Board meeting agenda items. (a) At the June 5, 2001 City Commission meeting the Janet Boyce variance was denied. (b) The ordinance to reclassify the Seacrest and Rosemary Scrub Preserves was approved on second reading. (c) At the June 19, 2001 City Commission meeting the ordinance for the Pink Princess rezoning and land use classification was approved upon second reading. (2) Mr. Rumpf announced that the Special Planning and Development Board Meeting scheduled for July 11, 2001 has been cancelled. 6. New Business A. PUBLIC HEARING Moved up on the agenda. Annexation Land Use Amendment/Rezoning Project: Agent: Owner: Location: Description: School Board 981 (ANEX 01-002, LUAR 01-003) Angela Usher Palm Beach County School Board West side of South Congress Avenue south of Golf Road and adjacent to the north side of the Lake Worth Drainage District Lateral Canal 28 (L-28). Vacant property consisting of + 18.03 acres of land in unincorporated Palm Beach County classified Medium Meeting Minutes ' ~ Planning & Development Board Boynton Beach, Florida June 26, 2001 Density Residential MR-5 (5 du/ac) and zoned Agriculture. Request to reclassify 18.03 acres of land, to be annexed from Medium Density Residential MR-5 (5 du/ac) to Public & Pdvate Governmental Institutional (PPGI), and rezone from Agriculture to Public Use (PU). Mr. Harry Fix presented a letter that he would be representing the School Board on this item in place of Angela Usher. Vice Chair Myott requested Assistant City Attorney Tolces to administer the oath to all persons who would be testifying. Dick Hudson, Senior Planner, explained that due to the size of the Land Use Amendment, it muSt be reviewed and approved by the Department of Community Affairs and would not become final until late November. The annexation could move forward by ordinance and does not need DCA approval. The 1989 City's Comprehensive Plan, sub-section 8.d, recommends that upon annexation the parcel shall be designated Iow-density residential and limited to single family to be compatible with adjacent residential development. However, Policy 1.19.8 of the Land Use Element of the Comprehensive Plan states that future public schools shall be permitted. Mr. Hudson noted that the traffic generation impact study would be part of the site plan process. Staff recommends approval of the annexation, the Land Use Amendment, and rezoning. Mr. Ensler inquired if the School District consulted the County for approval. Mr. Harry Fix, presented an artist's rendering of the school to the Board and assumed the podium. In response to Mr. Ensler's question, Mr. Fix stated there is an Intedocal Agreement with the County that before the School District purchases a site, it is submitted to the County for their input. If the property line is close to the city line, the School Distdct usually seeks annexation in order to provide the local government with some site plan review of the school sites. Mr. Fix reviewed the design of the school and stated its capacity would be approximately 970 elementary, students. Mr. Rosenstock inquired if the abutting property owners were ever contacted for their input regarding an elementary school being built in their neighborhood? Mr. Fix stated that tonight's meeting is part of the public notification process. Mr. 3 Meeting Minutes - - Planning & Development Board Boynton Beach, Florida June 26, 2001 Rosenstock pointed out that the School District owns a television station and storage area on Congress Avenue that has been an eyesore for over 10 years. Mr. Rosenstock would like the traffic impact study done before the site plan review process. He feels that the impact the school would have upon the neighborhood should be determined before the Board can give its approval to a plan it has not seen. Vice Chair Myott pointed out that tonight's hearing is for the rezoning and annexation and not for site plan approval. Assistant City Attorney Tolces administered the oath to persons not previously sworn in. Vice Chair Myott opened up the public audience portion of the meeting. The following persons spoke in opposition to the school for the reasons stated below: Mary Beth Weaver, 1898-C Palmland Drive, Boynton Beach Nicholas Capozzi, 1520 Palmland Drive, Boynton Beach Ed Walters, 1726 Palmland Drive, Boynton The school will affect the residents in the Palmland Villas. The traffic on Congress Avenue would be greatly increased. They do not want an entrance to the school from the road that leads to the three communities. The area is already congested and cannot handle any more traffic. The school would be disturbing to the frail and elderly residents of the Manor Care Nursing Home. Raised concerns about the lake on the property and the possibility of drownings. Pointed out that there is a canal running along one side of the property that is also unsafe. Raised concerns about the overall safety of the children. Mr. Bob Foot, 2400 SW 1st Street, Boynton Beach spoke in favor of the school. Mr. Foot feels that schools should be convenient to the children in their neighborhoods. Mr. Foot did not feel that the school woUld have any effect upon the Manor Care Nursing Home. Vice Chair Myott requested that Mr. Fix respond to some of the concems raised. Mr. Fixed stated that a preliminary traffic study is done before the School District purchases a site and the County Engineering Department is consulted. Mr. Fix thought that a traffic light would be required to the entrance to the school and there would only be one entrance off Congress Avenue. The lake was on the property when it was purchased by the School District to provide drainage and this is a requirement. Many schools have this type of drainage. The lakes are fenced, secured, and gated for maintenance. Many 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 schools are situated next to canals and the children are educated about being located near a canal. Mr. Fix would like to see the school and Manor Care undertake some cooperative ventures. Safety of the children is paramount and is taken into consideration during the design of the school. Mr. Friedland pointed out that this same scenario occurred when the plans for the new high school were taking place and people in his community expressed all types of concerns. Mr. Friedland felt the Board should be more informed on the plans for the school and would like to see the item tabled until more information is available. Vice Chair Myott asked if there would be community input during the site plan approval process? Mr. Rumpf stated that he would provide the Planning and Zoning Department's copy of the site plan for public review. He pointed out that the School Board voluntarily provides the City with a cursory review and this Board would not review the site plan. The City is exempt from local review of the site plan and one review with the City has already taken place. Any person wishing to provide input on the school should contact Mr. Fix at the School Planning Department at 434-7343. Mr. Ensler inquired if the County has approved the site for a school. Mr. Fix explained the School District's site selection process. Mr. Ensler concluded that if the City did not annex the site, the School District would still move forward to build a school, which' would then 'remain in the County. Mr. Ensler inquired how the traffic generated by the current zoning of 5 dwelling units per acre compared to having an elementary school on the property? Mr. Fix responded that the County Engineering Department assigned 1,~)00 trips to the school, which is almost equal to haVing 100 residential units making ten trips per day. Mr. Friedland asked what the advantage is to have the school in the City limits as opposed to remaining in the County? Mr. Fix responded that local governments prefer to have the schools within the City limits because they do become part of the site plan review process. Mr. Rumpf also responded that this is a pure enclave and if the City is given an opportunity for annexation and it fits within the City's annexation program, this provides an opportunity to the Clity to eliminate the enclave and to square up its boundaries. Mr. Rumpf also pointed out that the Health Department requires that the property be connected .to public infrastructure and since the school would be located within the City'S utility reserve area, the City will have to provide water/sewer service. When the School 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 District accepts this service, they sign an agreement to annexation. Therefore, the property would be annexed in any event. Mr. Ensler asked who owned the land west of the site? Mr. Craig Peschl, 400 NE 7~ Street, Boca Raton stated he owned the property and took the podium. He is a landscape contractor and purchased the property to grow trees. He said when he purchased the property, he was not aware that a school would be built. Mr. Peschl stated because of the lake on the school property, his property is holding water and he is having problems planting trees due to flooding. Mr. Peschl is also concerned that he might lose access to his property if the Lake Worth Drainage District closes off access to the culvert that goes over to his property. Mr. Vincent Garetano, 1736 Palmland Drive, Boynton Beach took the podium and was administered the oath by Attorney Tolces. Mr. Garetano stated he was against the school because of safety concems for the children. Vice Chair Myott closed the public hearing. Mr. Rosenstock inquired if a school will in fact be built, whether it went through the County or City process and Mr. Fix stated that was correct. Therefore, if the City approved the item, it would have minimal input. Mr. Cwynar pointed out that the elementary schools currently in the City, as well as Atlantic High School, are all located within residential areas. Mr. Cwynar noted that the schools in the City are overcrowded and new schools are needed. Mr. Rosenstock felt it would be best to have some degree of control over the school than no control at all and stated that the Board had no choice, but to approve the item. The item would next go to the City Commission for approval. Mr. Rosenstock requested that the School District inform the Planning Department where the school would be located on the property prior to the item going to the City Commission. Mr. Fitzpatrick noted that one of the City's goals is to square off its boundaries, thus necessitating the annexation. He pointed out that all the City schools are overcrowded. With the population reaching 60,000, more schools are necessary. Mr. Fitzpatrick said it is a State law to maintain a lake for water retention and that the likelihood of drownings is remote. Vice Chair Myott called for a motion. Mr. Hudson stated that three separate motions would be necessary, annexation, land use and zoning. Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 Motion Mr. Friedland moved to approve the request to reclassify 18.03 acres of land to be annexed from the Palm Beach County School Board from Medium Density Residential MR-5 (5du/ac) to Public and Private Governmental/Institutional (PPG). Mr. Ensler seconded the motion that carried 7-0. Motion Mr. Friedland moved to approve the annexation of 18.03 acres of land listed as Item 6.A.4 on the agenda, as stated. Mr. Ensler seconded the motion that carried 7-0. Motion Mr. Fitzpatrick moved to approve that the 18.03 acres of land be rezoned from Medium Density Residential MR-5 (5 du/ac) to Public & Private Governmental/Institutional (PPG), and to rezone from Agriculture to Public Use (PU). Motion seconded by Mr. Cwynar and carried 7-0. PUBLIC HEARING Conditional Use Project Name: Agent: Owner: Location: Description: Goldsmith Dental Lab N/A Jesse Goldsmith 2404 S. Seacrest Boulevard Request for conditional use approval for a Dental Laboratory in the. C-1, Office/Professional zoning distdct at 2404 S. Seacrest Boulevard. Ms. Lusia Galav said that the applicant currently maintains a dental laboratory at 207 SE 23rd Avenue. Staff has approved the project, subject to one condition. Mr. Jesse Goldsmith, 1606 Asbury Lane, Boynton Beach agreed to the one staff comment. Vice Chair Myott opened up the Public Hearing. Mr. Bob Foot, 2400 SW 1st Street, Boynton Beach stated he lives within 400' of the proposed conditional use. Mr. Foot and his wife favor the conditional use, but would like the conditional use to be limited to this applicant only. Mr. Foot had concerns if another owner took over the business and they would not care for it Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 as well as the current applicant does. Assistant City Attorney Tolces responded when a conditional use is approved, the use is approved for the property and would go with the property if it were sold. Mr. Ensler inquired about regulation of contaminants and Ms. Galav stated the City regulates the applicant's current business and would regulate it regardless of who owns it. Motion Mr. Rosenstock moved that Item 6,A.1 request for conditional use approval for a Dental Laboratory in the C-1, Office/Professional Zoning District at 2404 S. Seacrest Boulevard be granted, subject to all staff comments. Motion seconded by Mr. Ensler and unanimously carried. Vadance Project: Agent: Owner: Location: Description: Marie Premier Nixon Marc Marie Premier 1521 NE 2nd Street (Lot fl41, Block 17, First addition to Rolling Green subdivision) Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Sec. 4.B, requiring a minimum rear setback of twenty-five (25) feet, to allow a 16.58 foot variance and a 8.42 rear yard setback for a tool shed on a R-1 zoned parcel. Ms. Premier did not speak English and a gentleman sitting with her stated he would interpret for her. Assistant City Attorney Tolces administered the oath to Ms. Premier. Vice Chair Myott inquired if the agent, Nixon Marc, was present and he was not. Mr. Rumpf said that the applicant constructed a tool shed that complies with the side set back, but not the rear setback. The applicant can either relocate or remove the structure or apply for a variance to keep the shed. After staff reviewed the item, it was determined that it did not meet traditional hardship criteria and therefore staff recommends denial. Mr. Rumpf received letters of support from the two adjacent property owners. If the Board approved the setback without the hardship justification, it could be 8 Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 construed as endorsing a non-complying structure that was put up without proper permits. Mr. Rosenstock inquired if the Board could decide the case without getting testimony from the petitioner because she does not speak English. Attorney Tolces said that the petitioner has the opportunity to give testimony and the City has presented their testimony. The Board can choose to make a decision based upon the testimony presented and that the petitioner received notice of the hearing. Members discussed tabling the case until the July 24th meeting. Attorney Tolces stated that if the applicant agreed to table the item until the next meeting in order to bring a proper interpreter with her, the Board could make a motion to this effect. Mr. Rosenstock inquired if the petitioner obtained a permit for the shed and was informed that she did not. The applicant agreed to table the case to the next meeting in order to bring the agent with her. Motion Mr. Ensler moved to table Item 6.A.2 until the July meeting. Motion seconded by Mr. Hay. Motion carded 5-2 (Messrs. Fried/and and Fitzpatrick dissenting). Annexation Land Use Amendment/Rezoning Project: Agent: Owner: Location: Description: School Board 97M (ANEX 01-003, LUAR 01-004) Harry Fix Palm Beach County School Board South side of Hypoluxo Road between Congress Avenue and Lawrence Road Vacant property consisting of + 4.036 acres of land in unincorporated Palm Beach County classified High Density Residential HR-8 (8dU/ac) and zoned Agriculture. Request to reclassify a 4.036-acre parcel, to be annexed, from High Density Residential 'to Moderate Density Residential (MoDR), and rezone from 9 Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 Agricultural Residential to R-1 Single Family Residential (7.26 du/ac) Mr. Harry Fix distributed an artist's rendering to the Board and assumed the podium. Mr. Hudson stated that this item is to annex and reclassify a vacant parcel of land. The School Board intends to build a elementary school on the parcel that it already owns and the parcel to be annexed and reclassified would be used for retention purposes. Mr, Hudson cited the same statutes that he cited in the prior school item. The school must be limited to two-stories to blend in with the residential neighborhood. Mr. Fix pointed out that the majodty of land owned by the School Board is already in the City limits and they would like the City to annex this adjacent parcel to become part of the overall site. There was no one in the audience that wished to speak on the item. Motion Mr. Ensler moved'that the item entitled School Board 97M (#ANEX01-003) for the property located on the south side of Hypoluxo Road approximately one-half mile west of. Congress Avenue and one-half mile east of Lawrence Road be approved for annexation. Motion seconded by Mr. Hay and carried 7-0. Motion Mr. Ensler moved to approve the request to reclassify the 4.036-acre parcel of land from High Density Residential to Moderate Density Residential (MoDR). Motion seconded by Mr. Hay and carded 7-0. Motion Mr. Ensler moved to approve the rezoning of 4.036 acres of land from High Density Residential to Moderate Density Residential (MoDR), and rezone from Agricultural Residential to R-1 Single Family Residential (7.26 du/ac). Motion seconded by Mr. Hay and carried 7-0. Mr. Ensler requested that the property on Congress Avenue be cleaned up and Mr. Fix said he would follow through on this. Project: Agent: Owner: RGRS Inc. (ANEX 01-001, Luar 01-002) Richard Gesheidt Same 10 Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 Location: Description: North side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road. Vacant property consisting of 0.615 acres of land located in unincorporated Palm Beach County, classified High Intensity Commercial and zoned Agriculture. Request to reclassify a 0.615-acre parcel, to be annexed, from High Intensity Commercial to Local Retail Commercial (LRC) and rezone from Agriculture to Community Commercial (C-3). Mr. Hudson stated that annexing this property would be consistent with State law and County policy regarding annexation of enclaves. Staff recommends approval. There was no one in the audience that wished to speak. Richard Gesheidt, 400 S. Dixie Highway, Boca Raton, President and Attorney for the applicant stated that they have no intention to develop the property at this time. They are only requesting annexation. Motion Mr. Ensler moved that the subject property (ANEX 01-001) on the north side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road be annexed into the City. Motion seconded by Mr. Hay and carried 7-0. Motion Mr. Ensler moved that the same property (LUAR 01-002) on the north side of West Boynton Beach Boulevard between Winchester Park Boulevard and Knuth Road be reclassified from High Intensity Commercial to Local Retail Commercial (LRC) and rezoned from Agriculture to Community Commercial (C-3). Motion seconded by Mr. Hay and carded 7-0. B. Code Review Project Name: Agent: Cosmetology SchoOl in C-l/Boynton- Catalina Weiner & Aronson, P.A. 1'1 Meeting Minutes · Planning & Development Board Boynton Beach, Florida June 26, 2001 Owner: Location: Description: Boynton Catalina 1753 N. Congress Avenue Request to amend chapter 2, zoning, Section 6.A.l.n and 6.A.l.o to allow cosmetology schools as permitted uses in the C-1 zoning district, which would also allow the use in the C-2, C-3 and C-4 zoning districts. Mr. Rumpf stated that staff prefers to evaluate code review applications globally, as opposed to site specific. Mr. Rumpf explained that if the use were permitted within the C-1 zoning district, it would carry forward into C-2, C-3 and C-4 districts as well. Existing regulations allow instruction or tutoring of a professional nature, excluding industrial instruction in C-1 districts. Cosmetology comes under the trade category and would be limited to M-1. After review, staff determined that the use is not very industrial and would fit into the C-3 regulations. Staff recommends that the application be denied, but staff recommends amending the code to allow cosmetology schools as conditional uses in C-3 zoning districts. As a condition, the school would offer the retail services that are currently allowed in C-3 districts. Mr. Rumpf said that the code does not have a definition for cosmetology schools and recommended that this be incorporated into the code at the same time. This will permit staff to review each application on a case-by-case basis. Carol Aronson, 102 N. Swinton Avenue, Delray Beach, Florida distributed a proposal to the Board. Ms. Aronson stated she is .representing the owner of the Catalina Shopping Center. After the Shopping Center leased property to the cosmetology school, the tenant was unable to obtain a license and was advised that a cosmetology school was not permitted. They are only permitted in an M-1 zoning district, even though the service area of cosmetology is a permitted use in the C-3 zoning district. Ms. Aronson pointed out that a cosmetology school would provide a service, as well as education and career training. Most surrounding communities permit this use in commercial districts. Vice Chair Myott questioned why the applicant was seeking a zoning change that would include C-1, when the Catalina Center is zoned C-3. Ms. Aronson stated they applied for C-1 zoning, because anything allowed in C-1 would be allowed in C-3 and loOked at the item globally. Ms. Aronson stated that currently there is a cosmetology school in a C-3 district at 211 S. Federal Highway called Beauty Institute. Also, there used to be a cosmetology school in the shopping center on the southeast corner of Federal and Woolbdght, which is no longer in business. Vice Chair Myott pointed out that staff has recommended denial for cosmetology schools to be globally zoned C-1. Vice Chair Myott inquired if the applicant 12. Meeting Minutes Planning & Development Board Boynton Beach, Florida June 26, 2001 would be amenable to having the use permitted in the C-3 as a conditional use. Ms. Aronson agreed to this. Ms. Judy Gibson, 3068 NW 25th Way, Boca Raton, was administered the oath by Attorney Tolces. Ms. Gibson, the property manager for the Catalina Center, felt that the school should be permitted since they furnish the same services as a beauty salon at a Iow cost to the public, which would be a benefit to everyone. Mr. Ensler asked Attorney Tolces if the Board denied the application for the C-1 zoning, could the Board make a motion to approve the conditional use in a C-3 zoning. Attorney Tolces responded that the item is a code review request. If the Board would like to make a recommendation to allow the use in C-3 that would be within the Board's authority. Any amendment to the code would have to be approved by the City Commission. Motion Mr. Ensler moved that the request to amend Chapter 2, zoning, Section 6.A. 1 .n and 6.A.l.o to allow cosmetology schools as permitted uses in the C-1 zoning district be denied. Motion seconded by Mr. Hay and carried 6-1 (Mr. Fried/and dissenting) Ms. Aronson pointed out that they were present tonight for a code review and would like the Board to consider the C-3 zoning. Vice Chair Myott inquired if the Board could recommend that cosmetology schools be a conditional use within a C-3 zoning district and Attorney Tolces stated that this was within the Board's authority. Motion Mr. Rosenstock moved that as a conditional petitioned, to allow a cosmetology school in seconded by Mr. Friedland and carried 7-0. use this Board consider, if so a C-3 zoning district. Motion Attorney Tolces responded that this petition is not before the Board tonight and the vote is more of a recommendation. If the Board would like to make a specific recommendation to approve the cosmetology school as a conditional use in the C-3 district, without a condition that there be a subsequent petition, the Board is allowed to do that. Motion Mr. Rosenstock moved that the Board recommend that cosmetology schools be allowed in a C-3 zoning distdct as a conditional use. Motion seconded by Mr. Hay and carried 7-0. '13 Meeting Minutes Planning & Development Board Boynton Beach, Florida There p.m. Other Comments by members Adjoumment being no further business, Respectfully submitted, Barbara M. Madden Recording Secretary (2 tapes) the meeting properly June 26,2001 adjoumed at 8:55 June 27, 2001 at 9:30 a.m. 14