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Minutes 11-25-14 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, NOVEMBER 25, 2014, AT 6:30 P.M. PRESENT: Roger Saberson, Chair Stacy Weinger, Assistant City Attorney Ryan Wheeler, Vice Chair Ed Breese, Principal Planner James Brake Amanda Parker, Planner Sharon Grcevic David Katz Brian Miller Stephen Palermo, Alternate ABSENT: Gregory Murphy Aieshia Macon, Alternate Chair Saberson called the meeting to order at 6:35 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval MOTION made by Mr. Katz, seconded by Ms. Grcevic, to approve the agenda. In a voice vote, the motion passed unanimously. 4. Approval of Minutes from October 28, 2014, meeting MOTION made by Mr. Miller, seconded by Mr. Brake, to approve the minutes as corrected. In a voice vote, the motion passed unanimously. The following correction was noted: • Ryan Wheeler was present, but was not voting due to a conflict of interest. Meeting Minutes Planning and Development Board Boynton Beach, Florida November 25, 2014 5. Communications and Announcements: Report from Staff Mr. Breese, Principal Planner, announced the outcome of items previously reviewed which have moved forward to the City Commission: • High Ridge Landing PUD rezonings and corresponding Master Site Plan Modification were approved. • Applicant has requested tabling of Casa del Mar (Land Use Rezoning and Site Plan) to the December 2 meeting. Mr. Breese requested that members of the Board turn in their completed Advisory Board Appointment applications and the Ethics Training Acknowledgement Forms. Attorney Weinger administered an oath to all those intending to testify. 6. New Business: A. Texas Roadhouse Restaurant (SP 14 -005) — Approve major site plan modification request to construct a one -story, 7,420 square foot restaurant building and related site improvements, located on the north side of Old Boynton Road, immediately west of Winchester Park Boulevard /Mall entry drive, in front of Macy's Department Store and zoned C3 (Community Commercial). Applicant: Bradley Miller, Miller Land Planning, Inc. Bradley Miller, Miller Land Planning Consultants, represented the applicant for a new Texas Roadhouse on a site known as the "Carnival Site" at the northwest corner of Winchester Park Boulevard and Old Boynton Road. Mr. Miller highlighted the following: • The corner is currently a rarely used parking lot owned by Macy's; it is being sold to his client, a contract purchaser for Texas Roadhouse. • There is a shared agreement across the entire parking lot with the balance of the Mall property. • New landscaping will be installed. • Restaurant will have 281 seats. • Architecture is typical with some modifications to make it blend in. • Artwork will be near the sidewalk. Mr. Miller said they are in full agreement with the staff report, but pointed out a typographical error that said there were 67 parking spaces instead of 76. In response to a question by Mr. Katz, Mr. Miller stated that all handicap spaces have to be 12 feet wide with a five -foot access aisle next to it per Federal regulations. Mr. Katz asked if they could add another handicap space on the north or east side of the building; Mr. Miller (applicant) responded they could do it, but they would lose one regular parking space by doing so. Board member Miller also requested the additional 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 25, 2014 handicap parking spot. Ms. Grcevic pointed out there are blind spots for drivers turning in on Winchester Park Boulevard due to shrubbery. Mr. Miller (applicant) acknowledged they could adjust the landscaping to keep it within a sight triangle. Mr. Miller stated that the offsite sidewalk will be installed by the Mall. The applicant will be making the extension from Old Boynton Road to that spot. In response to a question by Mr. Palermo, Mr. Miller pointed out that the site does not have a direct connection to Old Boynton Road. Patrons would come in from Winchester to a loop road. He showed a connection that would go to Old Boynton Road. Chair Saberson opened and closed the public hearing. MOTION made by Mr. Katz, seconded by Mr. Brake, to approve Texas Roadhouse Restaurant (MSPM 14 -005), subject to all recommended staff conditions. In a voice vote, the motion passed unanimously. B. 622 South Road Variance (ZCV 14 -001) — Approve request to grant a variance of seven (7) feet to allow a thirteen (13) foot rear setback instead of the twenty (20) foot rear setback required per Part III, Chapter 3, Article III, Section 2.B.3. of the Land Development Regulations, located at 622 South Road and zoned R1AA (Single - Family Residential). Applicant: Michael and Beth Miskiewicz. Beth Miskiewicz, 622 South Road, Boynton Beach, stated they are seeking a variance for property they purchased in June. Ms. Miskeiwicz stated they inherited a problem from the seller - an addition constructed without permits - which interferes by seven feet from the rear setback. She added they are pursuing the sellers legally because they stated they did not have any unpermitted work; however, the applicants need the variance settled to determine what course of action they take. Michael Miskiewicz, 622 South Road, Boynton Beach, said they discovered the problem when he applied to put a shed on the property. He said the room was not constructed to Code; he wants to bring it up to Code, but needs the variance to do so. They would like to keep the room, as it is one -third of the house. Amanda Parker, Planner, pointed out there was a typo on the report in Analysis Part A — the typical lot dimension should be 80 X 100 feet, not 80 x 180 feet. She also said that staff received a letter of support from one of the neighbors (on East Road, lot 40) that she requested be read into the record (attached). Ms. Parker said the letter pointed out that other rear setback variances have been granted in the neighborhood. 3 Meeting Minutes Planning -and Development Board Boynton Beach, Florida November 25, 2014 Ms. Miskiewicz clarified that the aerial view shows the two parts of the property, the house and the boat slip, which are separate. She continued that the rear of their property abuts the back yard of another property. Ms. Parker reported that the neighbor to the rear was notified of the variance, and also pointed out it is in another zoning district, R3. Staff has reviewed the application and accompanying documentation. Chair Saberson opened and closed the public hearing. MOTION made by Mr. Katz, seconded by Vice Chair Wheeler, to approve 622 South Road variance (ZNCV 14 -001) for approval subject to all staff comments, if any. In a voice vote, the motion passed unanimously.. 7. Other Mr. Breese said they have applications to review for the December 23 meeting, and asked if any Board members would be out of town. It was deemed there would be a quorum. Chair Saberson expressed his appreciation for serving on the Board and said he had not put in for reappointment. He was not sure when his term would end, and Mr. Breese said he would confirm it with the Clerk's office. 8. Comments by members Board member Miller wished all a Happy Thanksgiving. 9. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 7:07 p.m. [Minutes prepared by J. Rubin, Prototype, Inc.] 4