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Minutes 09-26-17100 E MINUTES PLANNING AND DEVELOPMENT BOARD COMMISSION CHAMBERS, CITY HALL BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA TUESDAY, SEPTEMBER 26, 2017,6:30 P.M. PRESENT: David Katz, Chair Kevin Fischer, Vice Chair Trevor Rosecrans Floyd Zonenstein Ryan Wheeler Susan Oyer ABSENT: Stephen Palermo Nicholas Skarecki, Alternate David Sholl, Alternate Chair Katz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance 2. Roll Call STAFF: Mike Rumpf, Planning & Zoning Director Ed Breese, Principal Planner James Cherof, City Attorney Thuy Shutt, CRA, Asst. Director Theresa Utterback, CRA Lisa Edmondson, Prototype, Inc. Roll was called and it was determined a quorum was present. 3. Agenda Approval Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve the agenda. Chair Katz requested that item 7.B. be moved up on the agenda to accommodate City staff. With that change, the motion was approved unanimously. 4. Approval of Minutes from Planning and Development Board :Meeting Minutes Motion made by Ms. Oyer, seconded by Mr. Zonenstein, to approve the minutes of the August 22, 2017 meeting. One correction was noted: to change Mr. Rumpf to Mr. Cherof as having sworn in the witnesses. With that change, the motion was approved unanimously. 5. Communications and Announcements: Report from Staff Mr. Rumpf reported on the following items brought before the City Commission on September 19, 2017: Meeting Minutes Planning and Development Board September 26, 2017 Page 2 • LDR Amendments Group 3/CRA Implementation Step - approved • Numerous items under the title of the Villages of East Ocean Avenue including two major site plan modifications, abandonments, rezonings and Land Use Plan Amendments - approved • Commercial uses on Boynton Beach Boulevard and enlargement of plaza space on Ocean Avenue - the City Commission added conditions allowing for flexibility of the commercial uses to allow live/work along Boynton Beach Boulevard and also recommended that the plaza along Ocean Avenue be enlarged • Flood prevention LDR Amendments - approved • Workforce housing - approved 6. Old Business - none. 7. New Business Mr. Cherof swore in those persons wishing to testify on the following items. Item 7.B. was moved up on the agenda at the request of Chair Katz. 7.B. Approve 711 North Federal Highway Abandonment (ABAN 17-007) allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), Ms. Thuy Shutt advised this application is for an abandonment to allow the sale of property to Florida Master Craft. This matter will be heard by the CRA at their next meeting for discussion and ratification of a purchase and development agreement. The proposed site plan application will be made to the Board in detail after finalization of the purchase and sale agreement. Chair Katz then opened and closed public hearing as there was no one wishing to speak on this item. There was then brief discussion regarding the adjacent property owner, with Chair Katz inquiring regarding the size of the lots, the price the property is to be sold for, and whether there are incentive dollars or grants involved. In response, Ms. Theresa Utterback stated the proposed purchaser may be receiving grants along with $100,000. Chair Katz then expressed concern asking why the City was "giving away the farm" with another piece of land. Ms. Shutt responded that there will be some requirements, i.e., creation of jobs, and there will be further negotiations. The monies would not be a straight grant, but will have job creation components. Motion made by Vice Chair Fischer, seconded by Mr. Wheeler, to approve Item 7.13. In a voice vote, the motion passed 6-0. Meeting Minutes Planning and Development Board September 26, 2017 Page 3 7.A. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. Mr. Wheeler advised he would be stepping down and abstaining due to conflict. Ms. Joni Brinkman appeared on behalf of the applicant stating that this application is for major site plan modification to construct a facility for persons with memory care issues, further explaining the purpose of facility, showing an aerial location map indicating adjacent properties and location, providing a brief history of the property, showing drawings of the proposed site plan, advising of setbacks and the wall previously built along the property line, generator location, elevations, and addressing security measures. She indicated the applicant is in agreement with all staff conditions required for approval. Chair Katz then opened the hearing for public comment. Ms. Judy Lyman spoke in favor of the project stating it is exactly what the neighborhood needs. With no other persons wishing to speak, Chair Katz closed public comment. Ms. Oyer inquired regarding roof structure as well as tree removal, relocation, and species. There was then brief discussion regarding car charger spaces, LED lights, art projects to include a healing garden, parking spaces, the generator, and solar panels. Chair Katz stressed the importance of City staff considering renewable energy for projects. Motion made by Vice Chair Fischer, seconded by Mr. Rosecrans to approve Item 7.A. In a voice vote, with Mr. Wheeler abstaining, the motion passed 5-0. 7.C. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. Mr. Rumpf reported this is a final step in implementing an Amendment to the Code to include standards to accommodate medical marijuana and would be consistent with how phannacies are regulated within the City with exception of the provision regarding distance separation from schools. Chair Katz then opened and closed public hearing as there was no one wishing to speak on this item. Brief discussion continued regarding other controlled substances in the Code with 500 foot requirement from schools, multiple grower locations, and operational limitations. Ms. Oyer express concerns with stealing, access to children, and security. Meeting Minutes Planning and Development Board September 26, 2017 Page 4 Motion made by Mr. Wheeler, seconded by Mr. Zonenstein, to approve Item 7.C. In a voice vote, the motion passed 6-0. Other -none. 9. Comments by members Vice Chair Fischer acknowledged the newspaper article reporting on the 119th anniversary of the City of Boynton Beach. 10. Adjournment With no further business to discuss, the meeting adjourned at 7:05 p.m. [Minutes transcribed by L. Edmondson, Prototype, Inc.]