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Minutes 07-24-01MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 24, 2001 at 7:00 P.M. PRESENT Woodrow Hay, Acting Chairman Robert Ensler Mike Fitzpatrick Maurice RoSenstock Edward Currier, Alternate Mike Friedland, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner ABSENT Steve Myott, Vice Chairman Lee Wische, Chairman William Cwynar 1. Pledge of Allegiance In the absence of Chairman Wische, who is recovering from surgery, Woodrow Hay acted as Chairman and called the meeting to order at 7:10 p.m. Mr. Hay led the Pledge of Allegiance to the Flag. A quorum was present. 2. Introduction of the Board Members Acting Chairman Hay introduced the Board members and Assistant City Attorney David N. Tolces. The staff members also introduced themselves. 3. Agenda Approval Motion Mr. Rosenstock moved to accept the agenda as submitted. Mr. Currier seconded the motion that carried unanimously. After the motion the Board learned that two of the items had been withdrawn by the applicant, Items 7.A.4 and 7.C. Their letter was distributed to the Board by the Planning Department. Motion Mr. Ensler moved to remove items 7.A.4 and 7.C from the agenda at the applicant's request, with the understanding that they would have to re-advertise. Mr. Currier seconded the motion that carded unanimously. 4. Approval of Minutes Meeting Minutes Planning & Development Board Boynton Beach, Florida July 24, 2001 Mr. Rosenstock moved to approve the minutes of the June 26, 2001 meeting. The motion was seconded by Mr. Currier and carried unanimously. 5. Communications & Announcements A. Planning and Zoning Report - M. Rumpf, Planning & Zoning Director (1) Final disposition of the June 26, 2001 Planning and Development Board agenda items at the July 3 and July 17 City Commission meetings: (a) (b) (c) (d) (e) (f) (g) The Marie Premier variance was postponed twice and was on tonight's agenda (7~3) The Cosmetology School text amendment was approved on the Consent Agenda (7/3) The Goldsmith Dental Lab was approved at Public Hearing (7/3) The annexations for the two elementary schools, 97M and 98-1 were approved at Public Hearing; The Land Use Amendment and rezoning ordinances have been sent to DCA for approval (7/3) Cosmetology school text amendment approved on first reading (7/17) RGRS annexation, land use amendment, and rezoning ordinances approved on second reading (7/17) Elementary school ordinances for 97-M and 98-1 were approved on second reading. The annexation ordinance .for 98-1 was approved also. (7/17) Assistant City Attorney Tolces administered the Oath to all persons who would be testifying at the meeting. 6. New Business A. PUBLIC HEARING Variance. Project: Agent: Owner: Location: Description: Marie Premier Nixon Marc Marie Premier 1521 N.E. 2nd Street (Lot #41, Block 17, first addition to Rolling Green subdivision) Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.B, requiring a minimum rear setback of twenty-five (25) feet Meeting Minutes Planning & Development Board Boynton Beach, Florida July 24, 2001 feet, to allow a 16.58 foot variance and an 8.42 rear yard setback for a tool shed on a R-1 zoned parcel. Mr. Rumpf stated that the Planning & Zoning Department recommended that this request for a variance be denied because a traditional hardship had not been established. Sufficient space exists for the construction of a smaller shed within the required setbacks, allowing reasonable use of the property. Two property owners that abut the proposed variance supported the request for a variance. Staff reinforced its position that it did not support construction without the necessary permits. Marie Premier, 1521 N.E. 2nd Street, through her interpreter, Delean Deleon, explained that she needed the tool shed to store things that did not fit in the garage. It was determined that Ms. Premier built the shed after the property was purchased. Ms. Premier did not know that she needed a permit. She got notification from the City that the house needed to be painted and in the course of that project, decided to fix up the old tool shed at the same time. Mr. Ensler asked if the neighbors to the rear of the subject proper~ had been contacted and Mr. Rumpf responded that the neighbors to the north and west of the property had sent letters of support for the tool shed. Motion Mr. Friedland moved that the Board deny the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 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-A zoned parcel. Mr. Fitzgerald seconded the motion that carried unanimously. Mr. Hay assured Ms. Premier that this Board was merely making a recommendation to the City Commission and that she could appear at the August 7, 2001 City Commission meeting where the final decision would be made. A. PUBLIC HEARING Conditional Use Project: Agent: Owner: Location: Descri ption: Sprint Cellular Tower/Hester Park Julio Dumas, Gulf Coast Real Estate City of Boynton Beach 1901 Seacrest Boulevard/Hester Park Request for conditional use approval for a new 144-foot high monopole telecommunications tower with co-location capability on a 1,800 square foot leased parcel at Hester Park. Mike Rumpf reported that the City had entered into a lease agreement with Sprint PCS for a 144-foot high monopole telecommunications 3 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 24, 2001 tower. The applicant now seeks conditional use approval to allow the construction of the monopole facility, The applicant was only concerned with Condition #1, which called for a fire hydrant to be placed within 250 feet of the property. Due to the excessive cost as well as the unique characteristics of the structure, Mr. Rumpf had spoken with the Fire Marshall, who was open to seeking an agreement on the minimum fire protection requirements. Mr. Rumpf and the Fire Marshall proposed some alternative language: "The fire hydrant must be located within 200 feet of the structure or the property must be served to an acceptable degree by existing utilities from the position of the Fire Marshall and other pertinent Citystaff. The structure is 8' high by 10'x 20' with an auxiliary power source that includes a flammable type of material. There have been no objections from neighbors. Ms. Karen Roselli, 2222 Lakeview Ave., West Palm Beach, FI, attorney for Sprint, stated that there is an 11' x 16' space on the site for Sprint to locate its ground equipment. There is space within the leased parcel for future ground equipment for future co-locators who may build a structure. Ms. Roselli explained that there are 3' x 3' X 5' equipment cabinets for computers on the ground and there is a proposed location for a propane tank for an auxiliary power source that is not being built now. Mr. Rosenstock was concerned about the number of towers in the City. Ms. Roselli stated that the intent was to attract other co-locators to go on the tower to reduce the requirement for towers in the City. Mr. Ensler asked about the range of the tower. Ms. Roselli believed it had a range of 10 to 15 miles. Mr. Ensler was concerned about the height of the tower and whether other technologies could be used that would require lower towers. Ms. Roselli explained that different carriers operate at different frequencies and different heights. The 144' height was the minimum height the radio frequency engineers came up with for Sprint to achieve its signal requirements for coverage demands and meet all of the licensing limitations imposed upon Sprint by the FCC. Mr. Rumpf said that the City had reviewed a substantial amount of RF engineering data on the type of tower and believed this tower and this technology would adequately fill the existing voids. The City would not have allowed the lease to go forward unless it had been satisfied with the technology and the tower. Mr. Ensler thought that the City should consider getting expert consulting help to assure them that the height of the tower was really necessary. Mr. Rosenstock was concerned about the distance of the proposed tower to the nearby shared City/County tower. Mr. Rumpf believed the separation between towers had to be 1,000 feet and he thought the other tower was about 5,000 feet away from the proposed tower. Mr. Fitzpatrick believed that any fire could probably be resolved with one engine and that if it required two and took a few extra minutes to lay that much hose, that it would be up to the applicant if they were willing to take that risk. If they were willing to assume the risk, there should be no problem. The Board agreed. The applicant was aware of the risk and was willing to accept it. The Board agreed that the requirement for a fire hydrant Meeting Minutes Planning & Development Board Boynton Beach, Florida July 24, 2001 was excessive in light of the non-flammable equipment, the applicant's willingness to assume any potential risk, and that there was no danger to life or property in the immediate vicinity. Mr. Rumpf believed that the negotiation of a mutually agreeable position on the fire hydrant issue could become a Condition of Approval. Mr. Rumpf reminded the Board that the City promotes co-location in order to keep the number of towers to a minimum. In order to get two or three co-locators at this tower, the height would have to be at least 120 to 130 feet. Mr. Ensler was concerned about' interference caused by the operation of the tower and asked whose responsibility it would be to resolve it. Ms. Roselli said there was a provision in the lease that any interference would have to be resolved by the interfering carrier. Since it involved their keeping their FCC license, they were highly motivated not to interfere and were aware of their duty to resolve any interference they might cause. Mr. Fitzpatrick was concerned about Condition of Approval #10, "The site plan should indicate how the single sabal palmetto tree, located in the southwest corner of the site, is to be watered." Mr. Fitzpatrick thought it should not be watered at all since it was near the preserve area and watering in a preserve area encouraged the introduction of exotics. Mr. Rumpf said the Code requires that all landscaping be irrigated. They do not have special xeriscape provisions where you water until established and then certain zones may be turned off. Mr. Hay opened the public hearing. No one wished to speak. Motion Mr. Rosenstock moved that the request for conditional use approval for a 144-foot high monopole telecommunications tower with co-location capability on an 1,800 square foot leased parcel at Hester Park be approved. Mr. Fitzpatrick seconded the motion. Mr. Friedland asked about the exclusion of the fire hydrant and Mr. Ensler asked if Mr. Rosenstock's motion took the other Conditions of Approval into account. Mr. Tolces said the motion should state it was being moved that it be approved subject to a condition other than the conditions listed. Mr. Rosenstock amended his motion to include that the request should be approved subject all conditions except the necessity for a fire hydrant, Condition #1. Mr. Fitzpatrick accepted this amendment to the motion. Mr. Ensler requested that the applicant provide technical representation when the case was brought before the City Commission to discuss interference and tower height. The vote was unanimous. Project Name: Agent: Owner: Location: Description: Palm Walk ACLF Lewis Feldman Ann Feldman 108 S.W. 19th Avenue Request for conditional use/site plan approval to construct a 48-unit Meeting Minutes ~ Planning & Development Board Boynton Beach, Florida July 24, 2001 Congregate Care Facility on approximately 2 acres of property located on S.W. 19th Avenue, approximately 100 feet east of Congress Avenue The applicant requested that this item be postponed until August 28, 2001. Motion Mr. Friedland moved to accept the request for postponement of Palm Walk ACLF. Mr. Rosenstock seconded the motion that carried unanimously, Abandonment Project: Agent: Owner: Location: Description: Villas at Quantum Lake Mark Hanson Villas at Quantum Lake Corporation Quantum Lakes Dr. at Quantum Boulevard Request for abandonment of a twelve (12) foot drainage easement between Lots 59 and 60 of Quantum Park at Boynton Beach Plat No. 6. Tom McGillicuddy, 1902D Palmland Drive, Boynton Beach, appeared on behalf of Villas at Quantum Lake Corporation. Ms. Galav stated that this easement was interfering with the development of the Grotto BayNillas at Quantum Lake project and must be moved. The applicant has given the City a new drainage easement to replace it. Motion Mr. Rosenstock moved to approve the request for abandonment. seconded the motion that,carried unanimously. Mr. Friedland Land Use Amendment/Rezoninq Project: Agent: Owner: Location: Description: Candlewood Tower Plaza William Thomas Estelle Blumberg & Mega Mini Co. Ltd. Northeast corner of Congress Avenue & S.W. 30th Avenue Request to classify _+4.41 acres of vacant property from Industrial (I) to Local Retail Commercial (LRC) and rezone from Light Industrial (M-l) to Community Commercial (C-3) in connection with the development of 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 24, 2001 a hotel, office/retail and stand-alone restaurant. Mr. Hay referred to a letter from the applicant requesting that this item, as well as item 7.C be withdrawn from the agenda. They realized they would have to readvertise. B. Site Plan 1. Project: Agent: Owner: Location: Description: Quantum Lots 73A-76 Winston Lee, ASLA, AICP Winston Lee Associates Boynton Industrial Realty Corporation Lots 73-A, 73-B, 74, 75, and 76 of Quantum Park, a P.I.D. Request to construct a one-story, 196,486 square foot office/warehouse building on a 13.75-acre parcel. Of the total building area, 39,297 square feet or 19.9% will be allocated for office use. Ms. Galav reported that the site plan was straightforward. "This project is located south of the current Car Max location. They have met most of the conditions and staff recommends approval of the site plan. Winston Lee, 71'14 Washington Road, West Palm Beach, stated that they had worked closely with staff and had no problem with the conditions. Motion Mr. Rosenstock moved to approve the request to construct a one-story, t 96,486 square foot office/warehouse building on a 13.75 acre parcel. Of the total building area, 39,297 square feet or 19.9% will be allocated for office use. Mr. Friedland seconded the motion. Mr. Ensler stated that one of the responsibilities of this Board was to monitor the appearance of properties and he asked to see a color drawing of the building. Mr. Rosenstock said the Quantum Park Architectural Review Board had approved it. Ms. Galav said the City had not received a letter from the Architectural Review Committee and it remained as one of the conditions of approval. The motion passed unanimously. C. Code Review Project Name: Agent: Owner: Location: Hotel Apartment Definition/Candlewood Tower Plaza William Thomas Estelle Blumberg & Mega Mini Co. Ltd. Northeast corner of Congress Avenue & S.W. 30th Avenue 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida July 24, 2001 Description: Request to amend the Land Development Regulations, Chapter 1, Article 2, "Definitions", by amending the definition for a "Hotel Apartment" to eliminate the maximum percentage of apartment suites allowed. See Item 7.A.4 above. Withdrawn by applicant. 7. Comments by Members Mr. Ensler requested that the City address the issue of the sale of alcoholic beverages in close proximity to schools. He cited a Palm Beach city that had recently instituted a policy of not allowing the sale of alcoholic beverages less than 750 feet from a school. Mr. Rumpf confirmed that the current Code did not specify any minimum distance between a school and an establishment selling alcoholic beverages. Mr. Friedland endorsed Mr. Ensler's proposal. Mr. Currier's opinion was that hotels should only be built in the downtown corridor area of Boynton Beach. 8. Adjournment There being no further business to come before the Board, the meeting was adjourned at 8:15 p.m. Res pectfully submitted, Susan Collins Recording Secretary (07/27/01)