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Minutes 04-24-01MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE COMMISSIONER CHAMBERS, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 24, 2001 at 7:00 P.M. PRESENT Lee Wische, Chairman William Cwynar Robert Ensler Mike Fitzpatrick Woodrow Hay Steve Myott Maurice Rosenstock Ed Currier, Alternate Mike Friedland, Alternate Nicholas Igwe, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Dick Hudson, Senior Planner 1. Pledge of Allegiance Chairman Wische called the meeting to order at 7:00 p.m. and led the Board and audience in the Pledge of Allegiance to the Flag. All of the members were present. Chairman Wische stated the Board would move to Agenda Approval first and then Election of Officers. 2. Agenda Approval Motion Mr. Rosenstock moved to approve the agenda, which was seconded by Mr. Ensler and unanimously carried. 3. Election of Officers Chairman Wische said the meeting was open to accept nominations for Chairman of the Board. Mr. Ensler nOminated Lee Wische for Chairman of the Board. seconded by Mr. Rosenstock. Nomination Mr. Cwynar nominated Steve Myott for Chairman of the Board. Meeting Minutes t Planning & Development Board Boynton Beach, FL April 24, 2001 Mr. Rosenstock moved to close the nominations. There was no second for the nomination of Steve Myott for Chairman. Mr. Lee Wische was elected Chairman of the Board by unanimous vote. Chairman Wische said the meeting was open to accept nominations for Vice Chairman of the Board. Mr. Friedland nominated Steve Myott for Vice Chairman of the Board. Motion seconded by Mr. Cwynar. Mr. Rosenstock nominated Bob Ensler for Vice Chairman of the Board. Chairman Wische passed the gavel and seconded the motion. Chairman Wisqhe called for a vote on the nomination of Steve Myott for Vice Chairman of the Board. The nomination carried 4-3 in favor. (Messrs. Rosenstock, Ensler and Chairman Wische dissenting). 4, Introduction of the Board Members Chairman Wische introduced the Board Members; Assistant City Attorney Igwe; Mike Rumpf, Planning and Zoning Director; Lusia Galav, Principal Planner; and Dick Hudson, Senior Planner. 5. Approval of Minutes Not addressed 6. Communications and Announcements A. Planning and Zoning Report 1. Mr. Rumpf reported that the Outpatient Clinic item was pulled from the April 17, 2001 City Commission agenda and is on the Board's agenda tonight. 2. The first reading of the abandonment of the utility easement for Boynton Commerce Center was approved. 3. Mr. Rumpf announced that a special meeting of the Board has been set for May 9, 2001 at 7:00 p.m. in the Commissioner Chambers. 2 Meeting Minutes Planning & Development Board Boynton Beach, FL April 24, 2001 Chairman Wische instructed Assistant City Attorney Igwe to administer the oath to all persons who would be testifying. 7. New Business A. PUBLIC HEARING Rezoning Project Name: Agent: Owner: Location: Description: Seacrest Scrub Preserve Staff Generated Palm Beach County South Seacrest Boulevard approximately ¼ mile north 'of the intersection of Gulfstream Boulevard Request to rezone a _+ 53.69 acre scrub preserve from "Single Family Residential" (R-1AA) and "Duplex Residential" (R-2) to "Recreation" (REC) pursuant to a condition of an intedocal agreement with Palm Beach County Mr. Rumpf stated that the first two items on tonight's agenda are similar. As outlined in staff's report, the County used Preservation 2000 Dollars to purchase environmentally sensitive scrub sites and Boynton Beach had two Quality A sites, Seacrest and Rosemary Scrub. To apply for the grant funds the County had to complete a lengthy application and the City signed up as a joint participant. There is an interlocal agreement between the City and the County, which is part of the grant agreement. One of the provisions of the agreement is that the City tailor its Land Use Planning and Zoning Map to keep the land in its preserved state. Mr. Rumpf pointed out the location of the Scrub on the overhead map. Mr. Rumpf stated that originally the property was zoned R-1AA and R-2 and needs to be rezoned Recreation. Recreation is the corresponding zoning district for this type of land use. Chairman Wische announced the public hearing. Ms. Stella Rossi, 625 Whispering Pines Road, Boynton Beach, Florida stated she is the Chairperson for the Coalition of Wilderness Islands and the bond issue referred to was the result of their Coalition, which is to save historic Florida Wilderness Preserves. Ms. Rossi pointed out that staff is intending to change the proposed land use to Recreation and it should be Preservation. Ms. Rossi felt that if the use were changed to Recreation this would not eliminate other uses. 3 Meeting Minutes Planning & Development Board Boynton Beach, FL April 24, 2001 Ms. Rossi noted that the City is a partner with the County and the State regarding environmentally sensitive lands and these preserves come under the preservation category, not recreation. Ms. Rossi said that the City should have a conservation land use category. She also noted that the City has other preserves that should be included for protection. Mr. Rumpf pointed out that when the Comprehensive Plan was adopted in 1989, staff adopted a conservation overlay concept, rather than a separate land use classification. The conservation overlay shows up on the Comprehensive Plan and has text that goes with the designations, which is in the City's future land use support document. Mr. Rumpf felt that the land use is considered in a preserved state and is the highest preservation designation that the City can categorize it under its current system. Mr. Rumpf cited Item D, under the Recreation District.in the Zoning Code that discusses four permitted uses. Mr. Rumpf did not feel that there is a conflict or problem at this point in time. Mr. Rosenstock asked Mrs. Rossi if she had any recommendations to changing the language. She stated that she would like to have a Conservation Land Use Category adopted by the City. Mr. Ensler inquired since the land use designation is recreation could a baseball field be placed on the land at a future date? Mr. Rumpf pointed out that the County owns the property and the funds were granted for a specific purpose, which is the preservation of the land and not for active recreation. Mr. Ensler inquired if the City is limited to use the land use designation as recreation and Mr. Rumpf replied that the City's current system limits the land use classification as recreational. Mr. Gary Lehnartz, 619 SW 2nd Avenue, Boynton Beach said he had been a previous member of the Planning and Zoning Board. When the Comprehensive Plan was developed he pushed for a conservation land use designation. At that time it was explained to him that this wasn't necessary, because there were no parcels in the City at that time that fit this category and the conservation oveday would address this if it came up in the future. Mr. Lehnartz felt that this would a good time to expand the City's land use categories to include a conservation land use. Mr. Fitzpatrick pointed out that recreational use has various subcategories and if the land were designated recreation, people wouldn't know that the land is conservation land. Mr. Fitzpatrick would like the City, when it adds two more building designations entitled mixed-use high and mixed-use Iow, that it also include a land use for conservation. Mr. Fitzpatrick said he would like to make a motion that this be recommended to the City Commission. 4 Meeting Minutes Planning & Development Board Boynton Beach, FL April 24, 2001 Vice Chair Myott pointed out that if this land is designated recreation, the City could lose out on active parks because the land would be included in that designation. Mr. Rumpf said he would recommend that the Board adopt this change to satisfy the County requirement and during the Comprehensive Plan cycle beginning October 1st, the City could change the land use classification from Recreation to Conservation. Motion Mr. Rosenstock moved to approve the request that the Seacrest Scrub Preserve, owned by Palm Beach County, to rezone a _+53.69 acre scrub preserve from "Single Family Residential" (R-1AA) and "Duplex Residential" (R-2) to "Recreation" (REC) pursuant to a condition of an intedocal agreement with Palm Beach County. Mr. Rosenstock further moved that this Board strongly recommend to the City Commission that they take immediate steps to change the designation of this property to Conservation as opposed to Recreation. Mr. Rosenstock further moved that any other properties that fall within the same category be presented to the Planning and Development Board for this change to be made as soon as feasible. Motion seconded by Mr. Ensler and carried 7-0. Project Name: Agent: Owner: Location: Description: Rosemary Scrub Preserve Staff Generated Palm Beach County Northwest corner of the intersection of North Seacrest Boulevard and Miner Road Request to rezone a _+ 13.59 acre scrub preserve from "Single Family Residential" (R-l) to "Recreation" (REC) pursuant to a condition of an intedocal agreement with Palm Beach County. Motion Mr. Rosenstock moved in order to save time and since the presentation for this item would be the same as the previous item, that the same motion adopted for Item 7.A.1 be applied to Item 7.A.2. Motion seconded by Mr. Hay and carried 7-0. Zoning Code Variance Project Name: Agent: Owner: Location: DuFour Variance Michael DuFour Judge Kathryn DuFour 926 SW 38th Ct., Boynton Beach 5 Meeting Minutes Planning & Development Board Boynton Beach, FL April 24, 2001 Description: Request for relief from City of Boynton Beach Land Development Regulations, Chapter 6, Required Improvements, Section 8, requiring construction of a seawall along the property line, to allow construction of seawall adjacent to existing seawall with a variance of 10.83 feet. Mr. Michael DuFour, 926 SW 38th Court, Boynton Beach took the podium. Chairman Wische noted that staff has recommended approval and there are no staff comments. Mr. Rumpf stated that the current owner purchased the property with the current seawall, which was pointed out on the overhead screen. The property is on Lake Eden with river frontage in a small indent on the lake. The seawall is in need of replacement or severe maintenance. The City regulations require that the seawall be placed just on the inside of the property boundary. The property owner has received approval from the South Flodda Water Management District to place the new seawall up against the existing seawall and the property line, which is approximately 10'. The placement of the new seawall should not interfere with any movement of boats in the area since the wall would be recessed. Mr. Rumpf stated that they have received two letters in support of the item and none have been received in opposition. The applicant was asked several questions concerning the adjoining properties and he informed members that neither adjoining properties have a seawall and there has never been a problem with erosion since the lake level at the neighboring properties is only about 6". Chairman Wische opened up the public audience. Since no one wished to speak, the public hearing was closed. Mr. Cwynar asked if there were any underground public utility easements on the property and the applicant stated none that he was aware of. Mr. Ensler inquired if the applicant had approval since the seawall crosses an easement? Mr. Rumpf stated in order for the applicant to receive a permit he would have to have approvals and if there was a utility line in the area, some type of consent from the utility would have to be obtained. Mr. Ensler noted that a utility has future use of the property and the seawall could cause a problem in the future. He asked Mr. Rumpf if the utility was FPL and Mr. Rumpf was not certain. 6 Meeting Minutes Planning & Development Board Boynton Beach, FL April 24, 2001 Mr. Ensler asked if the Board should approve the item without knowing whether the applicant could obtain approval? Mr. Rumpf stated that the approval would supersede a permit. The applicant stated that the builder he hired contacted the DEP and the Lake Worth Drainage Distr~ict. Mr. Rumpf read from the Lake Worth Drainage District correspondence, which stated that the lot is not adjacent to a District right of way and therefore no permit would be required. The DEP correspondence stated that the application is exempt from their permitting requirements because it would have no impact upon navigable water space. A gentleman in the audience, who stated he was the owner of Lot 41 which is east of the propertY, requested to speak and stated originally he had no problem with the application. However, after listening to Mr. Rumpf explain that the applicant is .receiving a variance to cut out 10' for the entire length of the property, this would affect him. He stated that if the seawall were placed 10' from the property line it woUld come out 10' in front of his property and would block his access to his dock. Mr. Rumpf replied that the seawall would fall within the applicant's property boundary. Mr. Rumpf suggested that approval could be conditioned upon the placement or completion of the seawall at its eastern most point within the property boundary to comply with Code. Mr. DuFour said the new seawall would be placed within one foot of the existing seawall. Mr. Rumpf suggested increasing that to two feet at its easternmost point to allow more room in the event something surfaced during the design stage. Motion Vice Chair Myott moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 6, Required Improvements, Section 8, requiring construction of a seawall along the property line, to allow construction of a new seawall adjacent to the existing seawall with a vadance of 1'0.83 feet, subject to staff comments that the design will conform to Exhibit B and be within two feet (2') relative to the existing seawall at the eastern end of the property. Motion seconded by Mr. Fitzpatrick. Mr. Ensler requested the motion be amended to state the approval is subject to approval of the owner of the utility easement. Vice Chair Myott said he would amend his motion to include this language. Mr. Fitzpatrick seconded the amended motion. Motion carried 7-0. Meeting Minutes Planning & Development Board Boynton Beach, FL April 24, 2001 B. SITE PLANS New Site Plan Project Name: Agent: Owner: Location: Description: High Ridge Commerce Park Lot 17 Michael Sipula/JMS Design Condor Investment of Palm Beach 160 Commerce Road, High Ridge Commerce Park PID Request for site plan approval to construct a 55,171 square foot office/warehouse on 1.27 acres. Mr. Mike Sipula from JMS Design, 211 South Federal Highway Boynton' Beach assumed the podium. Chairman Wische pointed out that there are ten staff comments and requested he address only the comments that they do not agree with or which they need further clarification on. Mr. Sipula stated that they agreed with all staff comments. Chairman Wische opened up the public audience. Since no one wished to speak, the public hearing was closed. Mr. Fitzpatrick asked what the difference was between the Live Oaks and Sweet Mahogany. Ms. Galav responded that Live Oaks were part of the proposal, but on the back buffer for Majestic Greeting Cards, a recently approved development, their buffer area indicates Sweet Mahogany. Therefore, staff would like to be consistent in the buffer area and use Sweet Mahogany to which the applicant has agreed. Mr. Fitzpatrick pointed out that once Live Oaks are established they don't need to be watered and asked how much water Sweet Mahogany would require? Ms. Galav was not certain on this. Mr. Ensler requested to look at the artist's rendering of the property and it was displayed, to the members. Mr. Ensler inquired if the building would match the scheme of the surrounding buildings and Mr. Sipula stated that it would. With regard to signage, there would be no signage on Commerce Road, but there would be a sign in front of each bay. Vice Chair Myott inquired if all the equipment would be roof mounted and was informed that it would be and would also be parapet screened on all four sides. Motion Mr. Ensler moved to approve the request for site plan approval for High Ridge Commerce Park Lot 17 to construct a 55,171 square foot office/Warehouse on 8 Meeting Minutes - Planning & Development Board Boynton Beach, FL April 24, 2001 1.27 acres, subject to all staff comments. Motion seconded by Mr. Hay and unanimously carried. Revised Site Plan Project Name: Agent: Owner: Location: Description: Outpatient Center of Boynton Beach LTD Terry Metts/Petra Builders James H. Degerome, MD Southwest corner of Seacrest Boulevard and SE 23rd Avenue Request for approval of a site plan modification to construct a 2,900 square foot medical office building on a 0.72 acre lot. Mr. Thomas Sharp, 555 SW 8th Terrace, Boca Raton took the podium. Chairman Wische pointed out that there were 32 staff comments. Mr. Sharp stated they agreed with all staff comments. Chairman Wische opened up the public audience. Mr. Bob Foot, 2400 SW Ist Street, Boynton Beach assumed the podium and was administered the oath by Attorney Igwe, Mr. Foot stated his property was west of the project and asked about the parking situation that was brought up at the prior hearing. Also, Mr. Foot had concerns about the drainage and hoped that this had also been addressed. He pointed out that there has been flooding in the past at the foot of the hill as a result of drainage coming off the hill. Ms. Galav responded that she had spoken with Mr. Foot. TRC Board reviewed the plan and the architect has submitted a preliminary and conceptual drainage plan, which has been approved by Engineering and Utilities. Ms. Galav pointed out that final drainage is not approved until permit time because other entities have to approve it. Ms. Virginia Foot, 2400 SW 1st Street, Boynton Beach assumed the podium and was administered the oath by Attorney Igwe. Ms. Foot inquired about the parking and whether or not it had been corrected? Ms, Galav noted at the last meeting the parking areas were dead end and did not connect. The applicant has now connected the parking areas so that there would be continual flow. Parking in front of the building has been revised and has been reduced from four spaces to three. Ms. Galav pointed out the revisions on the blue print on the overhead screen. Also a crosswalk area will be provided to slow traffic down, as well as a stop sign. 9 Meeting Minutes Planning & Development Board Boynton Beach, FL April 24, 2001 The public hearing was closed. Mr. Ensler inquired if the gutters and downspouts would be hidden. The agent replied that the downspouts are on the outside of the building. Mr. Charles Dusenberry, architect for the project assumed the podium and was administered the oath by Attorney Igwe. Mr. Dusenberry said that they could change the position of the downspouts as requested. Motion Mr. Hay moved to approve the request of a site plan modification to construct a 2,900 square foot medical office building on a 0.72 acre lot, subject to all staff comments. Motion seconded by Mr. Cwynar and carried 7-0. None 9. None 10. Other Comments by Members Adjournment There being no further business, the meeting properly adjourned at 8:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) 10