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Minutes 08-24-10 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, AUGUST 24, 2010 AT 6:30 P.M IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA. PRESENT: Roger Saberson, Chair Mike Rumpf, Planning Director Matthew Barnes, Vice Chair Jamila Alexander, Assistant City Attorney Candace Killian Steve Myott Warren Timm Leah Foerstch, Alternate ABSENT: Sharon Grcevic 1. Pledge of Allegiance. Chair Saberson called the meeting to order at 6:31 p.m. Ms. Killian led the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Saberson introduced the members of the Board. 3. Agenda Approval. Motion Ms. Jaskiewicz moved to approve the agenda. Vice Chair Barnes seconded the motion that unanimously passed. 4. Approval of Minutes from July 27, 2010 meeting. Motion Ms. Jaskiewicz moved to approve the minutes as presented. Vice Chair Barnes seconded the motion that unanimously passed. 5. Communications and Announcements. Report from Planning and Zoning Director Michael Rumpf , Planning and Zoning Director, reported on the outcome of the items as 1 Meeting Minutes Planning and Development Board Boynton Beach, FL August 24, 2010 reviewed by the City Commission subsequent to the Board's review. At the August 17, 2010 meeting, the City Commission took the following action: The Jaffe Variance for two setbacks to allow for the boat/trailer storage shelter was denied. The two Habitat for Humanity Variances were denied. The City Attorney refreshed the City Commission members via a memo issued two years back detailing the conditions for a variance. The City Commission sent a clear message to staff regarding their desire to adhere to the review and approval process for variances, which staff took note of. This information would be made more clear in the staff report and to the applicant in the pre- application meetings. The Gateway Hotel, New Site Plan Approval for Quantum Lot 2, was approved. The hotel was a 108 room hotel. JR Watersports’ request to amend two conditions of approval from their prior Conditional Use approval to allow a single boat to be in the front for display purposes, and to amend the expiration or extension of the time allowed for them to complete their improvements were approved. It was noted there was a big thank-you note in front of the Master Craftsman site. The City-initiated Code amendment allowing for dry cleaners to be in the SMU and mixed- use zoning districts was approved. Currently only a drop-off and pick-up facility was allowed, not a site-work facility. The draft LDR Work Product Group 8 was endorsed and supported by the City Commission. 6. Old Business None. 7. New Business: There was agreement the Board would hear both items together and approve them via separate motions. Attorney Alexander administered the oath to all intending to testify. Congress Middle School (ANEX 10-001) A.1. – Approve Congress Middle School (ANEX 10-001) annexing a 0.95-acre property located at the southern terminus of st 31 Terrace S. Applicant: Michael C. Owens 2 Meeting Minutes Planning and Development Board Boynton Beach, FL August 24, 2010 Hanna Matras , Senior Planner, presented the request for annexation and land-use amendment and rezoning. The parcel was part of the school property, and the only part of the property within Palm Beach County. The proposed land-use zoning was moderate density Residential/Public Usage which was consistent with the remainder of the property. Staff recommended the requested annexation and rezoning be approved on the following basis: It meets statutory requirements; ? It is consistent with the Comprehensive Plans for both the City and County due to it ? emphasizing the annexation of enclaves and other policies pertaining to annexation and school siting; and The land use classification and zoning designation is consistent with the land use ? classification and zoning designation of the remainder of the school property located within the City’s Boundary. Michael Owens , Sr. Planner, representing the School District of Palm Beach County, 3300 Forest Hill Boulevard, was available to answer questions. Mr. Myott inquired why the annexation was being done now. Ms. Matras explained the school was in existence for many years, but the property was purchased in 2008. They initially had a development plan for the land, which did not move forward. There were no immediate plans for development but the current Palm Beach County land use and zoning designation was not amenable for the improvement of the school, which was why the School District requested the amendments. Approval of the request would make the property consistent with the rest of the property. If, at a later time, they wanted to develop the parcel, the zoning and land use classification would permit it. Mr. Owens explained they were exploring ideas with the campus and the School District had no immediate development plans. Vice Chair Barnes inquired about adding a stipulation requiring the School District provide Unity of Title for the land. Ms. Matras expressed she thought they may already have it. Mr. Owens agreed to check to see if they had title. Chair Saberson opened the public comment for items 7.A.1. and 7.A.2. Robin Bird , principal of the property to the north, had no objection to the actions. He pointed out the request would establish a residential land use next to an industrial and heavy commercial land use. He pointed out there was an institutional land use available and that would still be compatible with the residential land use to the south. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL August 24, 2010 While the School District had no definitive plans, should the land be put back out as surplus property at a later time, it would be more difficult for him to obtain financing when it was adjacent to a residential land use. There was no problem with the zoning under either category, but it was just a question and a plea that the Board consider the Institutional Land use which would be more compatible with the Industrial Land use category which he has. Ms. Matras indicated staff had planned to combine, in the amendment, the Institutional/Governmental land use on the property in the next large-scale amendment cycle in 2011. Mr. Bird requested the Board support the entire property being designated as Institutional in the future. He agreed it would be compatible with his, the BJ's and the Publix plaza. Motion Ms. Jaskiewicz moved to approve Congress Middle School annexing a .95-acre property located at the southern terminus of 31st Terrace. Vice Chair Barnes seconded the motion. Mr. Myott suggested adding it would be planned to be changed to Institutional in the next Evaluation and Appraisal Report (EAR) submission. It was explained that condition would be added to Item 7.A.2. There was a vote on the motion that unanimously passed. Congress Middle School (LUAR 10-001) 2. -Approve Congress Middle School (LUAR 10-001) reclassifying subject property from Palm Beach County’s IND (Industrial) to MoDR (Moderate Density Residential); and Motion Mr. Myott moved to approve the land use amendment to reclassify the property to moderate density residential with the understanding that at the next cycle, the staff would amend it to the Institutional Use. Mr. Rumpf requested the reclassification occur during the first or second cycle. Mr. Myott amended his motion to approve reclassifying the property to moderate density residential and then the staff would change it to Institutional Land Use (PPGI) within two review cycles. Mr. Timm seconded the motion that unanimously passed. Approve Congress Middle School (LUAR 10-001) rezoning of the subject property from Palm Beach County’s AR (Agricultural Residential) to PU (Public Usage). Applicant: Michael C. Owens 4 Meeting Minutes Planning and Development Board Boynton Beach, FL August 24, 2010 Motion Ms. Killian moved to approve the rezoning from Agriculture Residential to Public Usage. There was discussion about Unity of Title. Mr. Rumpf explained that was typically a requirement when the property was developed and he acknowledged the property was developable. Staff’s interest was that the property be annexed, not necessarily that it be co-joined with the existing School District parcel. If the property was sold, it would be developed consisentt with the City’s land use plan. Mr. Owens explained Unity of Title may exist and he agreed to check on it the next day. He reiterated the School District had no intention to sell the property at this time. Their idea was if developed, it may partially be used as a buffer or as retention. While they had considered a bus loop, they decided against it due to financial reasons. He did not know if the School District would object to obtaining Unity of Title. Vice Chair Barnes explained the intent of the application was they purchased the land with the concept of developing it as part of the school property and it made sense to ensure that occurred via the Unity of Title. He pointed out Unity of Title could be broken on consent of the parties. It did not make sense to rezone and change the land use and then change it to something else if it was going to be developed in the future. Staff had no opposition to requesting the Unity of Title. Ms. Killian amended her motion to include a condition that the School Board record a Unity of Title tying the site to the remainder of the School Board property. Ms. Killian restated her motion to approve Congress Middle School rezoning from Agriculture/Residential to Public Usage and the School District recording Unity of Title with this parcel and the existing school property. Mr. Myott seconded the motion that unanimously passed. LDR Re-write (CDRV 07-004) B.1. –Approve LDR Re-write (CDRV 07-004) draft changes to previously presented Chapters 1, 3, and 4 of the Land Development Regulations Rewrite project regarding in part, definitions, general provisions and zoning districts, and various development standards.Applicant: City initiated This item was withdrawn at the request of staff. 8. Other None. 9. Comments by members 5 Meeting Minutes Planning and Development Board Boynton Beach, FL August 24, 2010 made by the former Planning Director but the effort was unsuccessful. It was a matter of services and taxes. Mr. Bird was contemplating expanding the storage area. Storage has become a retail business; however, many municipalities do not like having retail frontage from low-density employers on high-volume roadways. He hoped now that South Florida was ready for three and four-story storage facilities, that was a possibility. He did not think they would meet concurrency with water and he expected he would have to approach the City for that service. 10. Adjournment Mr. Myott moved to adjourn. Vice Chair Barnes seconded the motion that unanimously passed. The meeting adjourned at 7:00 p.m. dCttJUJLtXJL. OJ.u.\LC Catherine Cherry a Recording Secretary 082610 6