Loading...
Minutes 04-24-12 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, APRIL 24, 2012, AT 6:30 P.M. IN THE CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Ed Breese, Principal Planner Sharon Grcevic, Vice Chair Stacey Weinger, Board Attorney James Brake Cory Kravit Brian Miller 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Mr. Brake led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Item 6, B.1 - JL Vending MVU was added to the agenda. Motion Ms. Grcevic moved to approve the agenda as amended. Mr. Miller seconded the motion that unanimously passed. 4. Approval of Minutes from March 27, 2012, meeting This item was not addressed. 5. Communications and Announcements: Report from Staff Ed Breese, Principal Planner, reported the Bridge of Christ Tabernacle and the Seabourn Cove, Phase II, Rezoning and New Site Plan were approved by the City Commission. Attorney Weinger administered an oath to all those intending to testify. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL April 24, 2012 5. New Business: A.1. Publix Liquor Store (COUS 12 -2002) - Approve conditional use request for a 1,300 square foot package liquor store immediately south and abutting the new Publix grocery store in the Boynton Lakes Plaza shopping center at 4770 North Congress Avenue within a C -3 (Community Commercial) zoning district. Applicant: Heather Ramos, Gary Robinson, P.A. Mr. Breese presented the request and stated that Heather Ramos, agent for Publix Supermarkets, Inc. was seeking conditional use approval for a Publix liquor store at the Boynton Lakes Plaza. The proposed liquor store would be located in a 1300 square foot retail bay, south of and immediately abutting the new Publix grocery store at 4770 N. Congress Avenue. Liquor stores require conditional use approval if the proposed use would be located within 200 lineal feet of residentially zoned property. The plaza abuts the Boynton Lakes North subdivision to the east. The proposed liquor store would be set back approximately 190 feet from the east property line with the 40 foot wide right -of -way, further separating the store from the residential use. The landscape buffer along Boynton Lakes Boulevard consists of a six foot high masonry wall, a hedge, and silver buttonwood and live oak trees, which should provide adequate screening and buffering from the residential properties to the east. Publix would operate the business as a package /liquor store, with no on -site consumption. The shopping center was constructed in the 1980's with approximately 117,000 square feet of commercial space and is anchored by the new Publix grocery store, approved in May 2011 to replace the vacant Winn Dixie Building that was located there. There would be no changes to the vehicle circulation pattern, parking or loading areas, or parking demand with this request. This request would conform to Code and would meet all of the Conditional Use standards. Based on details contained in the staff report, staff recommended approval subject to the conditions contained in Exhibit D. Heather Ramos, Attorney, Gray Robinson, 301 E. Pine Street, Orlando, was present representing Publix Supermarket. She advised Jeff Peck, the leasing manager and Nick Goodwin, manager for Publix were also present. She provided a brief background for the request. One of the reasons there was a separate entrance and exit was because it was a state law requirement. Beer and wine for off- premise consumption would be sold from the grocery store, so this would be an extra service not only to Publix customers, but to those that visit the plaza and live in the surrounding neighborhoods. She advised a justification statement was submitted regarding the Conditional Use criteria in the Code, and outlined how all the criteria had been met. With the other businesses in the plaza currently in place, this would be a 2 Meeting Minutes Planning and Development Board Boynton Beach, FL April 24, 2012 compatible use. Chair Saberson inquired as to the hours of operation. Attorney Ramos indicated the proposed hours would be 10:00 a.m. to 10:00 p.m., seven days per week. The liquor store would be closed when the store was closed. Chair Saberson said that would be acceptable and would request it to be a condition of approval. Chair Saberson opened the public comment No one coming forward, public comments were closed. Motion Mr. Miller moved to approve COUS 12 -002 with the hours of operation to be 10:00 a.m. to 10:00 p.m. and with all other conditions met. The motion was seconded by Mr. Brake and unanimously passed. B.1 JL Vending MVU (MVU 2 -001) — Approve request for mobile vending unit — food vendor at the Lowe's Home Improvement store located at 1500 Corporate Drive, within a C -3 (Community Commercial) zoning district. Applicant: Joseph Levy, JL Vending, Inc. Kathleen Zeitler, Planner, advised this request was filed per Ordinance 07 -024, which regulated mobile vendors in the City, with various standards and requirements 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. Final review and approval of the MVU requests were by the Planning and Development Board The proposed MVU was for a food vendor on private property. The MVU regulations require the unit be self - contained and removed from the site each night. This was proposed for Lowe's, on the south side of Woolbright and west of 1 -95 Ms. Zeitler reviewed the site requirements and presented the floor plan of the proposed unit. Mr. Brake confirmed that the unit would be removed every evening and inquired whether the owner had a business tax receipt. He also inquired whether the color of the unit matched the Lowe's store colors. Joseph Levy, 9766 Boca Gardens Parkway, Boca Raton, owner of JL Vending and Empire Food Services, advised he currently had an occupational license for Boca Raton and would get one for this location also. Approval would be needed before he could obtain the license. Mr. Levy also confirmed that the colors of the unit would be the exact color of the store. Mr. Levy advised that under normal conditions, the trailer would not be removed every evening but would be stored under the overhang. It would be removed once a week for cleaning. One of the conditions, he understoof, would be to remove the trailer every evening and he was working on ways to accomplish this. There was further discussion regarding the possibility of Lowe's changing their site plan 3 Meeting Minutes Planning and Development Board Boynton Beach, FL April 24, 2012 if it became difficult to remove the trailer every day. Ms. Zeitler indicated it would involve a Code review which would be a revision because the MVU Ordinance Regulations were put in the new land development regulations. It would require the City Commission to instruct staff to revise that language. Ms. Zeitler advised if there was a change, it would affect all vendors and would be a City -wide change. Mr. Kravit noted the City application required automobile insurance but the Certificate of Liability insurance did not include automobile liability insurance. Mr. Levy advised the unit was not connected permanently to an automobile. The vehicle identification number of the trailer would be recorded on the application Chair Saberson opened the public comment No one coming forward, public comments were closed. Motion Mr. Brake moved to approve the request for JL Vending MVU based on all conditions being met. The motion was seconded by Mr. Miller and unanimously approved. 6. Other None. 7. Comments by members Mr. Brake shared news that a 22 year old Boynton Beach citizen lost his life in the line of duty last Sunday in Afghanistan. 8. Adjournment Motion There being no further business to discuss, Mr Brake moved to adjourn Mr Miller seconded the motion that unanimously passed. The meeting was adjourned at 7:11 p.m. ; r ( (L C ,{„t14 r Ellie Caruso Recording Secretary 4