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Minutes 05-24-11 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD. ON TUESDAY, MAY 24, 2011 AT 6:30 P.M PRESENT: Roger Saberson, Chair Mike Rumpf, Planning and Zoning Director Leah Foertsch James Cherof, City Attorney Sharon Grcevic Cory Kravit Warren Timm James Brake, Alternate ABSENT Matthew Barnes, Vice Chair Brian Miller 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Mr. Kravit led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the Board members. 3. Agenda Approval Motion Mr. Brake moved to approve. Ms. Grcevic seconded the motion that carried unanimously. 4. Approval of Minutes from April 26, 2011 Meeting Motion Ms. Grcevic moved to approve. Ms. Foertsch seconded the motion that carried unanimously. 5. Communications and Announcements – Report from Staff Mr. Rumpf announced Messrs. Barnes and Miller notified the City they would not be present this evening. nd Mr. Rumpf reported the NW 2 Street/Ocean Avenue alley abandonment item that was previously reviewed by the Planning and Development Board was approved by the City Commission without any easements. 1 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 24, 2011 6. Old Business None 7. New Business: Attorney Cherof administered the oath to Mr. Rumpf. A.1 Cigar Bar in Mixed Use Pod (CDRV 11-005) – Amend the Land Development Regulations, Part III (LDR), Chapter 4, Article III, Section 6 to allow bars and nightclubs as conditional uses on properties located within Mixed Use Pods of Planned Industrial Development districts (PID). Applicant – City initiated. Mr. Rumpf explained Quantum Industrial Park includes some sophisticated terms in the Zoning Code that are unique due to the way it was created and the way it has morphed over the years. Using the map, Mr. Rumpf indicated that each lot had its own use option. Quantum Park is a DRI (Development of Regional Impact). It is also a Planned Industrial Development (PID) district. It has changed over the years given the rate of development and demand for commercial and residential land use and a developer who had a great desire to develop the land rather than wait for a perfect industrial opportunity. On numerous occasions the developer requested modification of the individual use options for different classifications within the Park. Those use options include commercial, industrial, research & development, governmental & institutional and office. Use approval is a term heard often when dealing with Quantum Park. There are three PIDs within the City. The uses allowed in the Industrial District are unique to that PID and are contained on a use approval list. The list of uses is reviewed by the Planning and Development Board for amendments and moves on to the City Commission for approval. A master list was created when the industrial park was established. In the Planning and Zoning Division, three lists exist that are used to guide the uses in each of the parcels. The newest addition to the Quantum Park PID is the Mixed Use Pod. The developers wanted to add residential land uses and expand the provisions for commercial uses. Until the Mixed Use Pod was created, the provisions were very stringent. The Park is 560 acres and when it was created in the 1980s, there was a vision to have some mixture that would include some institutional uses, some commercial uses and mostly industrial, office and research. The Mixed Use Pod was developed to add residential. Staff supported that request knowing what was coming in the future as far as transit-oriented developments near the Tri-Rail station. Certain lots now have the Mixed Use Pod designation and there is corresponding language in the Code governing the development of those sites. There is no individual use list for the Mixed Use Pod. Originally, the Code included the three categories in the Mixed Use Pod that included townhouse and multi-family residential, commercial/retail and business and professional offices. 2 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 24, 2011 Although the project is called a “cigar bar”, the word cigar is irrelevant because it is really the sale of alcohol which is captured by the definition of “bar”. Staff is now recommending changes in the allowable uses within the Mixed Use Pod that include: 1. Any permitted use in the C-1, C-2 or C-3 zoning districts is considered permitted in the Mixed Use Pod; 2. Any conditional use in the C-1 or C-2 zoning district shall require conditional use approval in the Mixed Use Pod; and 3. Bars and nightclub establishments shall require conditional use approval in the Mixed Use Pod. Staff supports the amendment to the Code. Mr. Timm acknowledged he had observed cigar bars in many places and in his opinion, they have attracted a high quality clientele and are usually quiet places. It was his opinion this would make a good business addition to the community. Chair Saberson noted this pod was originally approved for 234 residential units. He questioned whether they had been developed. Mr. Rumpf responded portions of the units have been developed; however, the center still retains vacant land to the west that has not been developed to date. Staff met with the property owner who is looking into a rental project for that property. Chair Saberson thought it would be unusual for the City to locate a bar within close proximity of residential. Mr. Rumpf felt that in a conventional zoning district that might be true; however, this is a mixed use development and this type of project would be more common. There is live/work zoning on the opposite side of the parking lot and this is a mixed use environment. Mr. Brake inquired about the locations of the other two PIDs within the City. Mr. Rumpf responded one is behind Lowe’s at I-95 and Woolbright Road and the other is at High Ridge where Miner Road dead-ends just south of Cedar Ridge Estates. These are strictly industrial parks and this amendment would not apply to them. Ms. Grcevic observed more neighborhood bars coming into higher residential areas and it is her opinion this relates to drinking and driving. People want to be safe and like a local establishment that is quiet and peaceful that they can walk to from their homes. She supports keeping people safe on the roads. She noted the “Sweetwater Pub” is crowded with local patrons every night. Mr. Rumpf added that the live entertainment ordinance is new to the City and it is the City’s attempt to have a different regulatory system over entertainment. Through the process, there is a simplified means of reviewing and allowing a live entertainment permit for these types of 3 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 24,2011 uses. They are compelled to comply with the City's noise ordinance which is fairly strict. If they violate that ordinance, Code Compliance processes a citation and that permit could be taken away by the Commission for a year. The City wants to support entertainment within the City while maintaining peace and compatibility within the areas. Chair Saberson inquired about public notice for this item. Mr. Rumpf explained the newspaper notice for this project had been advertised for the City Commission. Chair Saberson felt when the application comes in for a conditional use, notice goes out to people within 400' and that is the time when the public will show up to talk about these types of projects. Mr. Brake confirmed with Mr. Rumpf that Quantum Park is the only area with a Mixed Use Pod by definition inside a Planned Industrial Development (PID). Motion Mr. Brake moved to approve. Ms. Grcevic seconded the motion that carried unanimously. 8. Other None 9. Comments by Members None 10. Adjournment Motion There being no further business to come before the Board, Mr. Timm moved to adjourn the meeting. Mr. Brake seconded the motion that carried unanimously. The meeting properly adjourned at 6:55 p.m. m.~ ~inito, MMC City Clerk OS/25/11 - 1 hr. 4