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Minutes 12-28-10 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, DECEMBER 28, 2010, AT 6:30 P.M. IN COMM C HAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Michael Rumpf, Planning and Zoning Director Matthew Barnes, Vice Chair Jamila Alexander, Assistant City Attorney Sharon Grcevic Shirley Jaskiewicz Candace Killian Warren Timm ABSENT: Lea" Foertsch, Alternate 1. Pledae of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. The Pledge of Allegiance was led by Ms. Killian. 2. Introduction of the Board Chair Saberson introduced the Board members. 3. Agenda Approval Motion Ms. Jaskiewicz moved approval. Ms. Killian seconded the motion that passed unanimously. 4. Approval of Minutes from November 23, 2010 meeting Motion Mr. Barnes so moved. Ms. Killian seconded the motion that passed unanimously. 5. Communications and Announcements: Report from Planning and Zoning Director Michael Rumpf, Planning and Zoning Director, reported on the outcome of the items reviewed by the City Commission subsequent to the Board's review. 1 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 28, 2010 December 7, 2010 City Commission Meeting The Planning and Zoning Department's New Land Development Regulations were approved. Staff would be working on changes in connection with greening provisions and other issues. The new regulations represent the past but even more so, the future. The changes to the Adult Entertainment Regulations were also approved as originally presented. It had been many years since the regulations had been visited and a number of land use changes had occurred, leaving little land in the City by distance separations and zoning regulations available for adult businesses. Mr. Rumpf noted adult businesses could not be zoned out of the City. The City Commission reviewed the Board's recommendations, and Mr. Rumpf began preparing a map series representing the recommended changes. He believed the Commission was concerned with not extending the moratorium one more time. If this were to be revisited at the initiative of this Board, perhaps a second attempt could be made to present something to the Commission in the future. The second City Commission meeting in December had been cancelled because of the Christmas holiday. Mr. Rumpf advised the Board members should have received a letter from the City Clerk's Office notifying them of the Code of Ethics training, which is mandatory for all City staff, boards and elected officials. The two optional meeting dates are Thursday, January 13 and Wednesday, January 26 both at 6:30 p.m. Members should advise the City Clerk's Office of the dates selected. 6. Old Business: None 7. New Business: Attorney Alexander administered the oath to all who would be testifying. A.1. Boynton Town Center Dry Cleaner (COOS 11 -001) — Approve conditional use for Boynton Town Center Dry Cleaner (COUS 11 -001) with on- premises cleaning and laundering, to occupy existing retail space in the SMU district. Applicant: The Sembler Company Eric Johnson, Planner II, set forth the request contained in the staff report. Prior to the revamping of the Land Development Regulations (LDR) last year, the Code had been changed to allow dry cleaning establishments to have the ability to clean clothes 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida December 28, 2010 on site in a Suburban Mixed Use (SMU), as well as in the other mixed -use zoning districts. Prior to the Code amendment, dry cleaners were only permitted to serve as drop -off facilities in the mixed-use zoning districts. The proposed lessee would occupy existing space in a 1,500 square foot bay in the Boynton Town Center along Main Street. The subject property would be surrounded by Suburban Mixed Use (SMU) zoning. Ingress and egress would remain unchanged as would the loading areas and off - street parking. The applicant had asserted that any external noise generated from the building would be similar to other permitted uses allowed in the zoning district. He also indicated the expected external noise would be limited to "the sound of a roof - mounted compressor and exhaust fans typical of those found on many retail stores, restaurants, etc." All necessary equipment would be placed on top of the roof and screened by the existing parapets. No landscaping or buffering would be affected or changed as a result of the proposed dry cleaning use. Staff reviewed the request against all the criteria contained in the Code for evaluating the standards for conditional uses as outlined in the staff report and found no issues with the proposed use. Staff is recommending approval of the request for a conditional use for an on- premise dry cleaning and laundering capability with two conditions of approval. The first cited Chapter 4, Article III, Section 3.A.9, requiring all rooftop equipment, including fans which may be required because of the dry cleaner, to be completely screened from view at a minimum distance of 600 feet. The second recommended a one -year time period be allowed to obtain a Business Tax Receipt. Andy Carlson, on behalf of the Sembler Company, noted staffs report was correct. He believed the large parapet wall on the building should be sufficient to screen any rooftop equipment. If not, additional screening would be added. He advised of the Sembler Company's self- imposed restrictions which did not allow dry cleaning plants that utilized perch lorothylene (PERC) in its shopping centers. The proposed lessee is considered a green dry cleaner, and the product to be used is a CO -2 based product, which carbonates soda and is delivered by the same truck that delivers the CO -2 to restaurants. Once the product is used, it is recaptured, put back into a tank and recycled. No pollutants would be released onto the property. The applicant advised he was in agreement with the conditions of approval. Chair Saberson opened the public hearing. No one came forward and the public hearing was closed. Mr. Barnes noted the Code had been changed to allow the conditional use requested, and as all the necessary criteria had been met, he supported the request. 3 Meeting Minutes Planning and Development Board Boynton Beach Florida December 28, 2014 Ms. Jaskiewicz believed the requested use rounded out all of the uses in Town Center, making it more of a one -stop shopping area. She felt it was an excellent use for the property. Chair Saberson concurred with the above comments. Motion Ms. Grcevic moved to approve the conditional use for Boynton Town Center Dry Cleaner (COOS 11 -001) with on- premises cleaning and laundering, to occupy existing retail space in the SMU district subject to the conditions of approval. Mr. Timm seconded the motion that passed unanimously. Chair Saberson invited public comments. Donald 8cantlan, 13 Cedar Circle, attended the meeting as an interested citizen, He noted he was the Chairman of the Financial Advisory Committee which would be making budget recommendations, and he was interested in learning of the issues put before the Planning and Development Board. Were he to be in a position of leadership in the City, he would like to be an informed participant. 8. Other None. 9. Comments by members Ms. Jaskiewicz announced her retirement from the Board and commented on her association over the years. She commended staff for their intensive, accurate and articulate background information provided at every meeting. She also commended the Recording Secretaries for doing a fantastic job in capturing in a concise manner all of the important points made by the Board. Her fellow Board members were all of various backgrounds and as such, added another layer of perspective. The Board members are residents of the City and share a common goal to have every development or redevelopment project coming before the Board to be the very best for the City of Boynton Beach. She added it had been a great pleasure serving with the Board. As current Chair, Mr. Saberson noted it had been a pleasure serving with Ms. Jaskiewicz. He noted her many years of service to the City, her leadership as Chair of the Board, and her myriad contributions were greatly appreciated by all. The Board wished Ms. Jaskiewicz the very best. 4 Meeting Minutes Planning and Development Board Boynton Beach Florida December 28 2010 10. Adjournment Motion Mr. Barnes moved to adjourn. There was no objection to the motion. The meeting adjourned at 6:47 p.m. Stephanie D. Kahn Recording Secretary 12/19/10 5