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Minutes 06-23-09 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JUNE 23, 2009, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Roger Saberson, Vice Chair Matthew Barnes (arrived 7:37 p.rn.) Sharon Grcevic Candace Killian Steve Myott Mike Rumpf, Planning Director Jamila Alexander, Assistant City Attorney ABSENT: Jeff Lis Amber Barritt, Alternate William Poznak, Alternate 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:35 p.m. Vice Chair Saberson led the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the Board. 3. Agenda Approval. Chair Jaskiewicz requested Item F be heard first due to a number of individuals being present for that item. There were no objections to the request. Motion Mr. Myott moved to approve the agenda. Vice Chair Saberson seconded the motion that unanimously passed. 4. Approval of Minutes. Motion Vice Chair Saberson moved to approve the minutes. Ms. Killian seconded the motion that unanimously passed. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the May 26, 2009 Planning and Development Board Meeting Agenda items. Mike Rumpf , Planning and Zoning Director, reported Board members Amber Barritt could not attend the meeting, and Matthew Barnes would be late. The City Commission reviewed the following items on June 2, 2009: ? Two Text Amendments regarding major annexations on Seacrest Boulevard, the Planned Commercial Development (PCD) setbacks and accessory pumps amendment, and the funeral homes/cemetery items were approved on public hearing and first reading. ? Calvary Chapel Master Plan Modification was approved, which included a new site plan for the current phase. ? The Large Scale Comprehensive Plan Amendments included the Sam’s Club, Palm Beach Memorial Park Cemetery and the New Urban High Ridge projects were tabled. The New Urban High Ridge project was postponed and would need to be processed on the State level. The annexation, rezoning and land use amendments ordinances were tabled twice to allow negotiations between the property owner and the applicant to take place, as issues needed to be worked out. ? Abandonment of a portion of NE 12th Avenue was approved on first reading on June 2, 2009. On June 16, 2009, the City Commission took the following actions: ? Seacrest Gardens Office Building expansion – approved. ? Imagine Charter School, including the rezoning, new site plan and height exception – approved. The rezoning will move forward to second reading. 7. New Business Churches in Residential Districts (Heard out of Order) F. Code Review Pre-existing churches in 1. PROJECT: residential zoning districts 2 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 (CDRV 09-006) AGENT: City-initiated DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning, Section 11(C) to establish provisions, related improvements, and expansion limits applicable to non-conforming churches within single-family zoning districts. Mr. Rumpf explained in 2004, the City Commission approved amendments to the zoning regulations regarding non-residential uses in residential zoning districts. There were uses identified as being compatible with a residential environment, such as churches and schools; however, times have changed and activities and visitors come from outside the neighborhood to partake in those uses. The intention of the original amendment was not to remove the uses from the residential areas, but to restrict them to the perimeters of the neighborhoods. The wording required they be located on an arterial or collector road. Due to the placement of the uses in non-conforming status, the City Commission realized some of the entities have been unable to expand and the original amendments did not include the conforming provisions. The Commission recognized the benefit of the uses in the areas and did not want to penalize the existing entities. Staff was directed to amend the regulations to incorporate and allow them to remain under grandfathered conditions. Therefore, the existing churches would not be subject to the regulations previously adopted that limit such uses to arterial or collector streets. Staff referenced recommendations contained in the Heart of Boynton Redevelopment Plan and Downtown Master Plan, which speaks about individual land uses in the area. There was language incorporated that addressed individual land uses that pertained to churches. Additional recommendations were being proposed to address those; mainly non-conforming conditions for those uses such as inefficient or insufficient parking resources, physical design, character and architecture. The proposed amendments would allow improvements and expansions of pre-existing places of worship. It would require improvements to existing facilities and properties as listed, and establish maximum limits on facility expansions. The Code Amendments consisted of the addition of a new subsection in Chapter 2 of the existing Land Development Regulations, Section 11C, which was included with the meeting materials. The amendment only pertained to those uses granted to the entity proposing the change at the time the amendments were adopted. The amendment did not modify the intent of the Code, or allow the uses to be sold to another church; rather, it had to be the entity suffering the hardship, not the one who comes into the conditions. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Attorney Alexander administered the oath to all who would testify. Woodrow Hay , 427 NW 5th Avenue, speaking as a resident and minister, not as the Vice Mayor, recalled the eight years he spent on the Planning and Development Board and explained the Board was his second love. He explained he championed the initiative because he believed it was an oversight when the amendments and ordinances were enacted. The idea was the churches supported the neighborhood community. He agreed with the comments made by Mr. Rumpf and pointed out, if there was a catastrophic event and the church had to rebuild, the Code currently in effect would prevent them from doing so because they would not meet the criteria. He expressed it would be an act of goodwill for the Board and the City Commission to grandfather the churches in existence when the amendment came about. If something happened and the church needed to rebuild or add on, it would meet the other Code requirements. Providing an opportunity to rebuild on the same site would be in order, not only in the Heart of Boynton area, but anywhere else in the City as well, if confronted with the same circumstances. James Baretta , 74 Baytree Lane, thanked Vice Mayor Hay and the City Commission for recognizing the need for the Ordinance. He complimented staff and agreed they did a good job regarding not only the grandfathering aspect of the amendment, but also the stipulations and conditions. He took exception, however, to condition 4C, which stated the maximum building size of the improvements would be allowed up to a maximum of 100% of the pre-existing area. He commented if a church had a half-acre lot and 5,000 square feet of building, the change would allow them to build another 5,000 square feet. If another church had four acres, and they have 2,000 square feet of building, they should not be limited to 2,000 square feet if they have the property to accommodate a larger building. He felt, unintentionally, there was an imposition created that did not take into account the size of the property that may be vacant. Some churches fill up the entire site and some have many times the land area than the building area. He suggested that aspect be added to the formula. Doris Jackson , 531 NW 10th Avenue, inquired about Condition 4H, which specified no wall or fence shall be placed closer than 30 feet from a parcel zoned for a single-family residence. She explained the church owned properties in the neighborhood slightly less than an acre, which was vacant. She wanted to know what effect the amendment would have on their plans. It was later discussed the New Mt. Zion Missionary Church owned nine lots across the street from the church and they anticipated constructing something on it. Mr. Rumpf explained there was specific language that acknowledged undeveloped lots owned by the same church entity. He explained Condition H was not overly restrictive. Their church perimeter was a street and the 30-foot setback pertained to the nearest residential property. The street was not residential property. It pertained to abutting single-family properties. Setbacks between non-residential and residential uses varied between 20 to 30 feet. Previously, the only thing restricted from setbacks from property boundaries were 4 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 buildings. Parking, play areas, and utility areas were allowed. With the new amendment, only buffering and bifurcation walls would be allowed. There was discussion if the building was constructed whether the setback had to be 30 feet from existing residential property that was used residentially and/or just zoned single-family residential, or if it only related to the street side. Mr. Rumpf explained as it applied to building, it would need to adhere to the minimum setbacks that corresponded with the zoning district in which the property was located. Cecelia Shay , 521 NW 2nd Street, agreed with the comments made by Mr. Hay and Mr. Baretta and she requested the Board support the change. The members discussed the size of the lot. A standard site plan modification would need to be followed if a building were replaced at more than 100% of the area. Mr. Rumpf explained that was correct for a non-conforming site. The intent was not to double the size if it was a non-conforming use. Staff was trying to prevent a worsening of a non-conformity and to have some type of limitation. Staff wanted to accommodate reasonable increases for growth, expansion and development for entities who have land and can build. It appeared to be a safe way to draw the line to limit expansion for traffic purposes, noise and impacts on the adjacent neighborhoods. As to the church with four acres of land, it was noted the church could be redesigned to be conforming. Mr. Rumpf, however, pointed out if it was not on an arterial or collector roadway, it could not conform unless it was rezoned. If the piece of land was large, isolated and had good access, the rezoning was an option that could be used. Mr. Baretta explained he was referring to the ordinance in general. The proposed ordinance was drafted because in the analysis of one church, it was realized all the churches in the community were jeopardized. There was a church desirous of expanding, but it was unknown to what extent because under the current code, they were not allowed to do anything. The subject church had always envisioned expanding. To limit the expansion to 100% of the existing building for a church with a lot of land to expand onto did not appear equitable. The same limitation applied to another church down the road that consumed the entire lot. Recognition of how much land was available should be considered. Chair Jaskiewicz closed the public hearing. Mike Rumpf explained one option was to apply for a conditional use. If the church wanted to expand above the 100% threshold, there would be public hearings and the applicant would need to go through the site plan approval process, because they were expanding a conditional use. The use was a semi-conforming/non-conforming use. The definition of proper ownership was discussed and was defined as being under the same ownership after the adoption of the ordinance as before adoption of the ordinance. Motion 5 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Vice Chair Saberson moved they recommend to the City Commission the adoption of the Ordinance along the lines of the staff recommendation. Mr. Myott seconded the motion that unanimously passed. thth NE 11 / NE 12 Avenue Alley A. Abandonment thth NE 11 / NE 12 Avenue Alley 1. PROJECT: (ABAN 09-002) AGENT: Andrew Mack, Engineer OWNER: City of Boynton Beach thth LOCATION: Between NE 11 Avenue and NE 12 Avenue, east of North Seacrest Boulevard DESCRIPTION: City-initiated request for abandonment of an unimproved alley right-of-way five th (5) feet in width lying between NE 11 Avenue and NE 12th Avenue, extending east from North Seacrest Boulevard to an area west of Railroad Avenue. Kathleen Zeitler , Planner, presented the City-initiated abandonment. The property was owned by the City. The property was approximately five-feet wide, 1,550 feet long and was located between the Meeks and Andrews Addition plans. The property was never used or improved as an alley, as intended and indicated on the plat, and was dedicated to the public as a right-of-way under the City’s jurisdiction. If abandoned, the property would be partitoned amongst the adjacent property owners located in the Meeks and Andrews Addition subdivisions on the south side of the alley. The existing underground utilities were located in the alley and if the alley were abandoned, the dedication of a five-foot wide utility easement would be required. City staff believed the alley right-of-way no longer served any public purpose and continued City-ownership brought continued responsibility and associated liability. The area would best serve area residents through private ownership. There were no objections received by the various City Departments or the utility companies, provided a five-foot utility easement was provided. Staff recommended approval of the request subject to the condition the subject property be dedicated as a utility easement. Chair Jaskiewicz opened the public hearing. Attorney Alexander administered the oath to Katie Miller, 1057 SW 28th Avenue. Ms. Miller owned property at 235 NE 11th Avenue and her mother owned property at 317 NE 11th Avenue. She did not understand the abandonment. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Ms. Zeitler explained the process to Ms. Miller. Lydia Thomas , 331 NE 11th Avenue, explained they purchased the land in 2006, and she received approval for a privacy fence, which she installed but it encroached into the easement. She indicated if they took five feet from her, she would lose the investment she made in the fence. It was explained land was being added to the lots on NE 11th between Seacrest and just west of the railroad. All Ms. Thomas needed to do was maintain the land and allow access when the utility line needed to be serviced. Motion Mr. Myott moved to approve the abandonment of the alleyway between 11th and 12th Avenue as a City-initiated request for abandonment of an unimproved alley right-of-way th five (5) feet in width lying between NE 11 Avenue and NE 12 Avenue, extending east from North Seacrest Boulevard to an area west of Railroad Avenue, with all staff comments. Ms. Grcevic seconded the motion that unanimously passed. JR Watersports B. Abandonment Ed Breese , Principal Planner requested the two items be combined for presentation purposes and then have separate motions. There were no objections from the Board. JR Watersports (ABAN 09-003) 1. PROJECT: AGENT: Beril Kruger of Beril Kruger Planning & Zoning Consultants OWNER: Michael Wood, Contract Purchaser LOCATION: 725 North Federal Highway DESCRIPTION: Request for abandonment of an unimproved alley, approximately 20 feet wide by 206 feet in length, totaling 4,135.4 square feet, running north and south adjacent to and parallel with the Florida East Coast (FEC) railroad. JR Watersports Conditional Use/Major Site Plan Modification JR Watersports (COUS 09-001 - 1. PROJECT: MSPM 09-002) AGENT: Beril Kruger of Beril Kruger Planning & Zoning Consultants OWNER: Michael Wood, Contract 7 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Purchaser LOCATION: 725 North Federal Highway DESCRIPTION: Request for conditional use/major site plan modification approval for conversion of two (2) vacant buildings totaling 7,419 square feet to a new boat dealership including an ancillary customization/service component, in a General Commercial (C-4) zoning district. Ed Breese , Principal Planner, explained Bill Kruger - representing JR Watersports, requested the City abandon a 20-foot portion of the alley behind the property. The alley runs north and south, adjacent to, and parallel with the Florida East Coast Railroad. The applicant planned a MasterCraft Boat showroom and customization business. Ownership of the alleyway would enhance access, improve security, and to make improvements within the 20-foot area. Staff determined the alley no longer served a public purpose and recommended abandonment, subject to the establishment on an easement for utility purposes. JR Watersports was seeking a conditional use and major site plan modification. Their current location was on West Industrial Avenue in the M-1 Zoning District; however, their agreement with MasterCraft required them to have a more visible business location. The overhead bay doors would be replaced with storefront glass for a showroom. Boat maintenance would occur to the rear of the building. Fifteen parking spaces would be required and it was noted the site plan reflected they could meet the 15 spaces. The property would be landscaped. Boats would be stored behind the security fence behind the front building line. Staff recommended approval of both the abandonment, and the conditional use/major site plan modification. Mr. Kruger explained JR Watersports’ present facility was half the size of the proposed location. Mr. Kruger circulated photos of the property and what was behind the building. The last photo reflected the property used to be a mess until JR Watersports took possession of it. The MasterCraft colors were blue and white. The new building would be white with blue trim. A mansard roof on part of the building would be removed and made uniform. They would also address existing property violations. The previous use for their new location was a shoddily-run boat operation that had boats in various states of disrepair and no parking. Staff supported the request. There were 19 conditions of approval, and two regarding easements. Mr. Kruger concurred with all of the conditions of approval, and agreed to an added condition that the applicant would obtain a building permit within a year. 8 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 The Board requested viewing the site plan and on further inquiry, learned the signage would indicate only “MasterCraft Boats.” David Hawke , Hawke and Associates, Architects, explained they have a sign package that would parallel the building permit. The applicant agreed on record to work with the property owner. They would have at least one set of ADA compliant restrooms; have the doors swing in the correct direction; replace inoperable doors; and address anything having to do with the health, safety and welfare of the public entering the building and the employees working there. Exposed wires would be addressed, as would the air conditioning. All electrical upgrades would be made prior to occupancy. The Fire Marshall and Tim Large of the Building Department would inspect the facility prior to occupancy to review and approve their improvements. Screening, fencing and landscaping would be provided in a phased approach. All code violations would be corrected. The chain link fence would be removed. The sign on Federal Highway would be removed and replaced with a decorative aluminum fence, as they wanted the police to be able to see through the fence since the boats there were expensive. Chair Jaskiewicz did not understand how the Board could enforce the elements of the site plan and associated conditions if the applicant was already occupying the premises. Mr. Breese explained the applicant could be given a deadline to accomplish the improvements. Discussion turned to allowing a year to complete the improvements. Mr. Kruger noted the Code required the site plan conditions must be met within a year and one half. It was noted the applicant could not move in until the building was brought up to Code. Mr. Breese explained it was reasonable to allow a year for the remaining improvements to be made, and if they were not made, the conditional use would be revoked. Motion Vice Chair Saberson moved to approve the staff recommendation for JR Watersports abandonment. Daniel Spotts , 805 N. Federal Highway, expressed concern that the use was not consistent with the Heart of Boynton or Downtown Master Plan. Mr. Spotts owned a retail store immediately north of the subject property. The area was zoned C-3. He explained there are abandoned lots to the north and south of him, and the area looked bad because of the decrepit buildings. He asked the Board to think about the long-term goals for the area, and whether the proposed use was appropriate. Mr. Barnes arrived at 7:37 p.m. The prior owner of the site operated under the auspices of an auto repair shop, which was allowed under the Code. It then evolved into an engine repair shop; then a boat 9 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 engine repair shop, then into a boat repair shop, and it got out of hand. There were boats parked on the street in the front parking lot area and behind the fence, which was not screened and was not allowed. He commented a conditional use was being sought because a boat dealership was not allowed. He expressed customizations were better done in an industrial area. The prior owner made repairs in the alleyway and Mr. Spotts reported hazardous chemicals were strewn all over the property. When Mr. Spotts moved into the business, he asked the City to clean up the property and was advised they were citing the owner but they could not do anything as the property was in foreclosure. The owner did not apply for business permits and operated for years without any. His concern was the new owners would gain access to the premises and then do whatever they wanted. Mr. Spotts explained he requested the same alleyway abandonment and was not allowed to permit parking in that area because of a City waterline. The building was very close to the existing 20-foot abandoned right-of-way, and the discussion was most of the boats would be located in the alleyway that he was not allowed to park in. He suggested the Board consider whether the owner could keep all the boats within a restricted area, have the access to move the boats in and out, or if it would wind up on Federal Highway. He believed the owner wanted the business to look nice, but he felt the Board should consider the master plan for the area. The building was in bad shape. He explained across the street was an auto/used car dealership that had boats. He requested the Board not open the door to this type of business . He asked if the Board was comfortable with a boat dealership in the area. Chair Jaskiewicz noted Mr. Spotts’ concerns and explained that was why the Board was imposing deadlines. The improvements must be completed in conformance with the site plan within one year. Mr. Kruger explained JR Watersports was in existence for eight years. The boats from MasterCraft were expensive. He clarified the only work he would do was customization and he could go to the site where the boat was or the boats come in on a trailer pulled via pick-up truck. If a motor was needed, a crate arrives, they remove the old motor, install the new one, put the broken motor in the crate and move it out. They would add items such as towers to the boats, stereos, leather seats or whatever was needed. The boats have 350 horse power Chevy engines and the prices ranged from $50,000 to $190,000. Chair Jaskiewicz explained if the applicant complies with the conditions, it would be an asset. She inquired how the applicant could operate if the conditions were not complied with in advance. Mr. Rumpf explained the applicant was applying for and intending to receive approval for a conditional use, which would allow them to operate. It was not the site plan or major site plan modification approval that granted the applicant the ability to begin operating. It was the safety requirements of the Florida Building Code, which set the 10 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 timing in which an operation can begin stocking. Temporary Certificates of Occupancy are issued in advance of all the necessary improvements to be done. Site inspections were necessary, prior to allowing operations and not every improvement, such as appearance, was part of the Building Code that the permit and operation was attached to. Mr. Breese explained the Board added a specific condition of approval, in addition to other conditions, that all improvements to the building must be made within one year or the conditional use was revoked. The applicant could not operate from that location, or would have to apply for a new conditional use approval. Mr. Spotts reiterated his concerns regarding the hazardous chemicals and requested the City stay on top of the matter to ensure there were no boats in the front. Chair Jaskiewicz explained there were 21 stringent conditions of approval. An inquiry was made about the definition of customization. Mr. Kruger clarified adding a stereo, seats or a motor was not customizing – rather customizing was stripping down and removing equipment. They were only adding items to new boats. He acknowledged the boats were not permitted to be parked out front. The applicant has been operating for eight years and there has never been a problem. Motion Mr. Myott moved to approve the request for abandonment of an unimproved alley approximately 20 feet wide by two hundred and six feet in length, totally 4135.4 square feet running north and south adjacent to the and parallel to the Florida East Coast Railroad subject to all staff comments. Ms. Killian seconded the motion that unanimously passed. Motion Mr. Myott moved to approve a request for a conditional use/major site plan modification for the conversion of two vacant buildings totaling 74,019 square feet for a new boat dealership including ancillary customization service components in a general commercial C-4 zoning district subject to all staff comments and the addition of a new comment that all the improvements would be made within a one-year timeframe as another condition of approval, or the conditional use would be revoked at the end of this time. Vice Chair Saberson seconded the motion that unanimously passed. CSouthern Pine Lumber . Major Site Plan Modification Southern Pine Lumber (MSPM 1. PROJECT: 09-005) AGENT: Timothy J. Healey, Frontier 11 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Engineering, Inc. OWNER: Richard S. Kozell of Southern Pine Lumber Company LOCATION: 1100 West Industrial Avenue DESCRIPTION: Request for major site plan modification approval to add a 1,056 square foot modular office building and associated site improvements, and to demolish the existing 611 square foot office building, on a 0.84-acre parcel in the M-1 zoning district. Mr. Breese presented the request and explained Southern Pine was a long-time business within the City and was located in the M-1 zoning district. The project was to replace an existing building with a modular office building. Traffic circulation would not be impacted and they proposed to repair, and replace as necessary, the wooden fence facing West Industrial Avenue and landscape in front of it. A photo of another of the applicant’s locations within the State was included for the Board to review. The only change was instead of the French doors depicted in the photo, the door would have a glass front. No new signage was proposed. Attorney Alexander administered the oath to Mr. Kozell, the owner. Mr. Kozell agreed with the conditions of approval. There were no comments from the Board or public. Motion Mr. Barnes moved to approve the request for a major site plan modification to demolish an existing office and locate a new 1,056 square foot modular office structure and associated infrastructure improvements in the M-1 zoning district subject to all staff conditions. Vice Chair Saberson seconded the motion that unanimously passed. DDogfather . Mobile Vending Unit Dogfather (MVU 09-003) 1. PROJECT: AGENT: Alicia Gondi, Cilantro Grill, LLC OWNER: Boynton JCP Associates, Ltd. LOCATION: 801 North Congress Avenue (Boynton Beach Mall) DESCRIPTION: Request for mobile vending unit (MVU) approval to be located outside the main mall entrance, on the north side of the entrance opposite the former Ruby 12 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Tuesday restaurant. Ms. Zeitler explained this was the third Mobile Vending Unit (MVU) request received since the provision was adopted in 2007. The City established a system to review, approve and regulate mobile vendors within the City. Standards and requirements for mobile vendors varied depending on whether the MVU was proposed on public or private property and whether the MVU would provide for the sale of merchandise, food or services. This request was to provide food services from an 8-foot by 9-foot hotdog cart at the Boynton Beach Mall, outside the main mall entrance on the north side outside the food court and opposite the Ruby Tuesday restaurant. Staff reviewed the request, which met all City requirements as contained in the staff report, checklist and exhibits. The applicant has met the conditions set forth by the property owner such as maintaining a 300-foot separation from selected uses such as parks, schools, churches and residential districts, and from a fixed business providing like goods, similar services or from another MVU. The applicant received the MVU ordinance and understood the requirements including the permit would be valid for only one location. In order to operate, clear passage of at least four feet must be maintained for pedestrians and the MVU must be removed from the site each night. The applicant agreed to comply with all of the requirements of the ordinance. Staff recommended approval and advised any conditions of approval made by the Board would be added to the Mobile Vending Permit before issuing it to the applicant. Alicia Gondi , 501 57th Street, West Palm Beach was present. The Board discussed how there would be a 300-feet separation between merchants providing similar services. Chair Jaskiewicz had concerns with the location, as there were three vacant food vendors in the food court. There was a vendor that sold ice cream and hot dogs in the mall within 300 feet. She indicated she would approve the cart by Sears, but not at the proposed location. She expressed surprise management would allow the proposed location. It appeared mall management was not considerate of the vendors inside the food court. Ms. Gondi explained she was paying $1,200 per month for the cart location. Ms. Zeitler also noted the mall was marketing the vending opportunities on site to individuals such as the applicant and they approved the location of the cart. Ms. Gondi noted she has to carry insurance and she has the same expenses as the mall tenants. She also noted Taco Bell, a burger vendor and a salad vendor would be moving into the food court. Ms. Gondi did not believe the mall would allow any other mobile food vendors besides her and that she was selected because of her presentation. Her hot dog operation was not like the one at Home Depot or Lowes, it was a very nice cart and it would look nice. Chair Jaskiewicz believed it detracted from the mall and did not feel the location was appropriate. 13 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Ms. Zeitler confirmed mall management was soliciting the vending business. There were marketing materials from the mall directed towards vendors. There was competition from tenants. The hot dogs would be three dollars. Mr. Barnes explained if the request met the requirements, the Board may not agree with mall management’s decision, but to disapprove it was meddling in mall management’s business and would be a disuse of their power on the Board. Mr. Myott thought it was bad for the mall. Ms. Zeitler explained MVU approval does not require City Commission approval, only the Planning and Development Board. Ms. Grcevic noted this type of activity occurred at other malls and the decision to allow the vendor was within the mall management’s rights. It was noted a patio area where Starbucks used to be to the north of the main mall entrance might be more appropriate; however, Ms. Gondi explained she was located next to the food court entrance because that was where patrons who wanted to eat entered. Ms. Killian thought it was good competition. Ms. Gondi explained the cart would be a good thing for the City and it would employ another individual. Simon owns other malls and knows from experience that it would be good, which is why they wanted to try the vendor. She usually attended festivals with the cart but was looking for one location. Chair Jaskiewicz opened the public hearing. No one coming forward, Chair Jaskiewicz closed the public hearing. Motion Ms. Grcevic moved the request for a Mobile Vending Unit (MVU approved to be located outside of the main mall entrance on the north side of the entrance opposite the former Ruby Tuesday restaurant be approved Mr. Barnes seconded the motion. The motion failed 3-3 (Chair Jaskiewicz, Vice Chair Saberson, and Mr. Myott dissenting.) Motion Mr. Barnes moved to defer the item until the next regular Planning and Development Board meeting. Ms. Grcevic seconded the motion that passed 5-1, (Mr. Myott dissenting.) Mr. Myott thought the mall management should have assisted Ms. Gondi by attending the meeting to show their support of the use. Ms. Gondi explained they were willing to do so but she did not think it was going to be an issue. She expressed her disappointment at the decision to defer the request as she has been waiting for three months. It was suggested a representative from the mall attend the next meeting on July 28, 2009 with Ms. Gondi. 14 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 E.Zoning Permits and Verification Code Review Zoning Permits and 1. PROJECT: Verification (CDRV 09-005) AGENT: City-initiated DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter 1, Article VIII and Chapter 2, Section 4.J to enable the review for issuance of zoning permits and zoning verifications. Mr. Rumpf explained this was a City-initiated Code Amendment item to amend the Land Development Regulations and insert enabling regulations into the Code to establish a function in the Planning and Zoning Division. The item was attributable to actions taken in the Building Division to discontinue the lead role of reviewing permits and applications that do not fall under the Florida Building Code. Under new leadership, the Building Official was fine-tuning the process so the Building Division administered only processes that fell under the Florida Building Code, or applications regulated by the Florida Building Code. Most of those processes were regulated by the zoning regulations, and it made sense for Planning and Zoning to take the lead role in those types of applications. Some of the processes were new and some have occurred informally without strong regulations in the Code. The majority of the process should have a foundation in the Code. Most of the changes were process oriented with the exception of regulations new to the Code having to do with setbacks and impervious surfaces, mainly for driveways. The Code provisions would be inserted into Chapter 2 of the Land Development Regulations under Other Structures and Improvements. Fees would be incorporated into the fee schedule to support the function. Paragraph E addressed the expiration of zoning permits, and the life of the approvals at six months. That could change as a final interpretation was being awaited. Chair Jaskiewicz opened the public hearing. No one coming forward, Chair Jaskiewicz closed the public hearing. It was noted Habitat for Humanity was working on a project in the Heart of Boynton and the developer had to pay a fee from the Engineering Department. Mr. Rumpf explained it probably had to do with a right-of-way permit, which was a minimal fee of $50 or a percent of the project. Currently, a city inspector did not inspect the forming and steel of the driveways where it was thought a building inspector inspected each phase of construction. In this instance, there were special requirements for construction in the rights-of-way. The Florida Building Code does not cover concrete use for a driveway and there was a gap. Inspectors would inspect slabs, fittings, tie-ins etc., but they were 15 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 not reviewing driveways and there were no standards. Discussion followed that as a consumer, it was a comfort to think an inspector was overseeing the work of the contractor. Planning staff would be conducting planning inspections, but would only be inspecting for setbacks required via the site plan or zoning regulations. Landscaping modifications would be made to the Code as the City works closely with Homeowner Associations who wish to make landscaping modifications which required a permit. The exact fee was fine-tuned and that process was being made user friendly. To simplify the permit for a fence, staff was requesting a pre and post photograph be provided. If it were a unique situation, a pre or post inspection would be conducted by Planning staff. The members discussed Lake Worth and the City providing services to them. The building inspector provided building services and the City’s services might be expanded. Motion Mr. Myott moved to approve. Mr. Barnes seconded the motion that unanimously passed. Churches in Residential Districts F. Code Review Pre-existing churches in 1. PROJECT: residential zoning districts (CDRV 09-006) AGENT: City-initiated DESCRIPTION: Request for interim amendments to the Land Development Regulations, Chapter 2, Zoning, Section 11(C) to establish provisions, related improvements, and expansion limits applicable to non-conforming churches within single-family zoning districts. This item was addressed earlier in the meeting. 8. Other None. 9. Comments by members Mr. Myott commented the Boat Showroom graphics relative to its location on Federal 16 Meeting Minutes Planning and Development Board Boynton Beach, FL June 23, 2009 Highway was weak. He suggested the architect be pushed for a good presentation. 10. Adjournment There being no further business to discuss, the meeting properly adjourned at 8:36 p.m. Ci ajj1fLl, .1LtClke-1' Catherine Cherry Recording Secretary 062409 17