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Minutes 02-08-00 (2) MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING~ HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, FEBRUARY 8, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman Pat Frazier Mike Friedland Steve Myott Maurice Rosenstock Larry Finkelstein, Voting Alternate Robert Ensler, Voting Alternate Quintus Greene, Director of Develop Mike Cirullo, Assistant City Attorney Mike Rumpf, Planning & Zoning Dir( Hanna Matras, Economic Research Lusia Galav, Senior Planner Dick Hudson, Senior Planner ABSENT J. Stanley DubS, Vice Chair Woodrow Hay 1. Pledqe OfAIleq ance Chairman Wische called the meeting to order at 7:06 p.m. and led the Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the board members, Mike Cirullo, Lusia Gall Matras, Quintus Greene, Mike Rumpf and the Recording Secretary. Mr. Rumpf introduced Dick Hudson, the City's new Senior Planner. Chairman Wische also introduced Mayor and Mrs. Jerry Bmening Commission candidates, Bruce Black and Brian Edwards. 3. Agenda A.p_proval Motioq Mr. Rosenstock moved to approve the agenda. Mr. Finkelstein seconded which carried unanimously. 4. ~f Minute~ lent ~tor lalyst edge of Hanna two motion, MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February 8, 2000 Motion Mr. Friedland moved that the minutes of the January 25, 2000 meeting bel approved Motion seconded by Mr. Finkelstein, which carried unanimously. 5. Communications and Announcemenf_~ A. Planninq and Zoninq Report Final disposition of the January 25, 2000 Planning and Development Board meeting agenda items. Mr. Rumpf reported on the following City Commission action that was taken at the February 1, 2000 meeting on items reviewed by this Board. The Berry Veal item as modified by this Beard was approved with the changes. David Chafin rear setback variance request was tabled. The Sammy Berry Building three variances and two setbacks were denied in connection with the siteI plan for Martin Luther King Boulevard. The roadway separation was approved. Mr. Myott inquired how this would affect the project? Mr. Rumpf stated that the applicant has agreed to wait while staff processes some type of overlay re~lulations to move the project along without having to go through the deve opment, of ~horough overlay regulations. This might take a couple of m~)nths Staff will try to lprocess some interim regulations, such as a district name, boundaries and setbact{s. This could be done very quickly. 6. Old Business Chairman Wische requested that Assistanl City Attorney Cirullo administer The oath to all persons who would be testifying. PUBLIC HEARING Abandonment 1. Project Name: Agent: Wal'kMart (Postponement Granted to February 8, 2000 Meeting) J. Robert Bray, Assistant Vice Pres,dent of Real Estate Wal-kMart Stores East, Inc. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February8,2000 Location: Descnption: Northwest corner of Winchester Park Boulevard and Boynton Beach Bo,elevard Request for abandonment of three (3) segments of street rights-of-waY totaling approximately 0.13 acres. Chairman Wische asked if the item had to be removed from the table and Assistant City Attorney Cirullo stated it was not necessary because 't was an agenda item. Attorney Susan Motley of Ft. Lauderdale, representing the applicant, ~al-kMart Stores East, Inc., took the podium and said she would be presenting bothl items on tonight's agenda. Chairman Wische asked if staff had any further comment. Mr. Rumpf state¢ that the site plan has been approved and pointed out the abandoned parcels in qdestion on the overhead screen. Mr. Rumpf noted that the parcel to the south ~s an u~derlay of the Lake Worth Drainage Canal and is an old right-of-way. The parcel to thle north is an old historic rigt~t-of-way. Mr. Rosenstock asked what would be placed on the space and was irtformed it would be a buffer between Wal-kMart and Steak 'n Shake. Mr. Rosenstdck stated since nothing would be placed on the property, he did not see any reasor~ why the City should give up the land. Mr. Rumpf replied that nghts-of-way are no longer necessary for what they were originally e,s, tab shed. Mr. Rosenstock said if the area was currently a bLCfer area, why doesnt the City retain the land as a buffer. Mr. Rumpf said that thelapplicant plans to put a landscape buffer on the land with the utility easements. Attorney Motley said these abandonments were formerly private propert~r and the property was dedicated to the County for rights-of-way many years ago ~s part of the platting process. Attorney Motley stated this is underlying private property and the rights-~f-'way were intended for public purposes. These small sectionslof rights- of-way were .leftover and for some reason were not included in I previous abandonments Attorney Motley said that by law if there s no intended public purpose for such a right-of-way, it is supposed to revert to the private prope[rty owner who originally deeded it away when a public purpose had been intended. I Attorney Motley said they are merely trying to clear up the title. Mr. Rosenstock questioned the agent as to what they may place on the pi'operty ~n future years and noted it was also an easement for ut lities. Attorney Motley replied that it is not an easement, but was County road right-of-way and there is r~o use for it. Attorney Motley stated that these p~eces of rights-of-way must be returned to private property and there is no obligation to the private property owner to beep it as 3 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February 8, 2000 a buffer area. The site plan has been approved with the landscaping and the City has no right to keep the property. Mr. Finkelstein ~nquired if the land directly north of parcel #2 had previously been abandoned? Attorney Motley was uncertain. Mr. Finkelstein thought thins was an ingress and egress for the gas plant. Attorney Motley stated that this is! probably true. Chairman Wische opened the public hearing. There was no one who ~/ished to speak on the item and Chairman Wische closed the public hearing. Motion Mr. Friedland moved to grant the request for abandonment of three (3) segments of street rights-of-way totaling approximately 0.13 acres on the northwest ~corner of Winchester Park Boulevard and Boynton Beach Boulevard, subject t~ all staff conditions. Motion seconded by Mr. Finkelstein. Motion carried 6-1 (Mr. Rosenstock dissenting). Mr. Flnkel,s, tein thought there was a mistake in the motion in stating "Boynt,~n Beach Boulevard and it should be identified as "Old Boynton Road" Mr Rum~f replied that the property in general has always been described as the' nor~west'~corn~r of Boynton Beach Boulevard and Winchester Park Boulevard. 2. Project Name: Wal-kMart (Postponement Granted to February 8, 2000 Meeting) Agent: J. Robert Bray, Assistant Vice Pr~ Real Estate Wal-kMart Stores East, Inc. Location: Northwest corner of Winches1 Boulevard and Boynton Beach Bo[ Description: Request for abandonment of segments of special purpose rights-of-way totaling approxim~ acres. Attorney Motley remained at the podium and Chairman Wische noted that was approved by staff and would have no impact on the surrounding area. Attorney MOtley stated that this item also involves rights-of-way and the La Drainage District would continue to have an easement over the area ant previous item, this is to clear up the title. Mr. Rumpf agreed with this. 4 sident of ;r Park evard [wo (2) ~sement lely 0.5 ithe item e Worth like the MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February 8, 2000 There were no comments from the Board Chairman Wische opened the public heanng. There was no one who Wished to speak on the item and Chairman Wische closed the public hearing. Motion. Mr. Myott moved to approve the request for abandonment of two (2) segments of special purpose easement rights-of-way totaling approximately 0.5 acres for Wal-kMart Stores at the northwest corner of Winchester Park Boule~'ard and B°ynton Beach Boulevard, subject to all staff comments Motion seconded by Mr Finkelstein. ' Motion carried 6-1 (Mr. Rosenstock dissenting). Chairman Wische informed the agent that this Board makes recommendatiens to the City Commission and the Commission has final approval. 7. New Business A. PUBLIC HEARING Abandonment 1. Project Name: Agent: Owner: Location: Description: BAPS TEMPLE Jay Patel BAPS Development, Inc. SE 18th Avenue and U.S.11 and SE 20th Avenue Request for abandonment right-of-way. Mr. Jay Patel, Project Manager for the owner, took the podium. Chairma noted that staff approved the project, subject to utility easements and agent if they agreed to this. Mr. Patel stated they agreed. Staff had no further comments. 2f street Wische ;ked the Mr. Rosenstock noted that this involved almost four (4) acres of land arid it was confirmed that it was 3.97 acres of land. Mr. Rosenstock asked why this amount of land was being given away. Mr. Patel stated that this was the total acreage for the total site and the land in question is approximately .05 acres or approximately 1/20th of an acre. 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February 8, 2000 Mr. Rumpf stated this item was before the Board previously and pointed out the areas in question on the overhead map. He noted that the roadway goes nowhere, but backs up to the adjoining property on the other side. Mr. Rosenstock inquired what was located on the other side of the property being abandoned and was informed that there was an apartment com,p, lex on ,thins Iocat on Mr. Rumpf stated the d mensions of this piece of property are 30 x 165 a~d it is not being maintained or used. Mr. Patel said currenty this property is a dumping site and when the prqperty was cleared there were all types ~)f debris found. It is the owner's intention t(~ clean up the property, maintain it and keep it aesthetically pleasing. Mr. Finkelstein noted that when the property is abandoned half would go to the applicant and half to the apartment coml~lex. He asked what would hapl~en to the sliver of property that would be left? Mr. Rumpf said the applicant woul~d have to negotiate with the other party Who receives the other portion of [he abar~donment. Mr. Fnkestein asked why the property could not be sold as surplus City property instead of abandoning the proper[y? Mr. Finkeistein said that th s abandonment is not the same as the prewouslones that had been old Palm Beach County plat property that were donations to th~ cities for roads that were never used. Mr. Finkelstein said this is a street right-of-way that has not been used. Mr. P, umpf asked Assistant City Attorney Cirul o to respond to th s question. Mr. Rumpf said if it is right-of-way, it is public ownership and not City ownersh~ip to sell. Staff had looked into this with another piece of property near the Baptis~t Church across the street from City Hall. All the land around the Church I~as been abandoned, but there is a sr~all piece of [and that the City owns and planslto sell as surplus land. Attorney Cirullo said that the reversion rights must be kept in mind. If theI property was abandoned to the City for public purpose and there is no public pu.,rpose, it rever[s back to the person who deeded it to the C ty. Mr. Rumpf a so stated that it s the responsibility of the applicant in an abandonment case to provide the n~ecessary documentation Jo verify that the land is in fact right-of-way and this has been done. Mr. Ensler inquired if the road should be opened to traffic? Mr. Rumpf stated that the way the Code was written and this being a conditional use within the CICA, it did not come to this Board, but went to the CRA. Mr. Rumpf said that this is the approved conditional use/site plan. Mr. Rumpf reviewed the access to thb site on the map and the points being abandoned would not be used for access to the project. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February 8, 2000 Mr. Ensler had concerns about the space between the Temple and the residential area. The agent replied that they plan on building a wall around the propffrty so that the land could be maintained and dumping could be prevented. Except for landscaping, there are no plans to put anything on this land. The agent further stated that they spoke to all the property owners who would be receiving ~he and to determine if they would like to donate the land to the church for tax deduction purposes. Chairman Wische opened the public hearing. There was no one who ~vished to speak on the item and Chairman Wische closed the public hearing. Motion Mr. MYthOtt moved to approve the request for abandonlment of street right~of-way at SE 18 Avenue and US 1 and SE 20th Avenue, subject to staff comment~. Motion seconded by Mr. Friedland. Motion carried 5-2 (Messrs. Rosenstock and Ensle~ dissenting). Chairman Wische said he would like to refer to the second Wal-kMart item and stated it was brought to his attention that the right-of-way should be .05 not 0.5. Mr. Myott stated that it was the BAPS Temple that cited the abandonment of 1/i20"~ of an acre and not WalCrMart. Chairman Wische requested that the Recording Secretary read th~ second Wal-kMart motion and she complied Mr. Ensler requested a clarification on the size of the property. Attorney Cirullo pointed out that the Past applicant was [he one that gave ar~ estimate of .05 acres. Mr. Rumpf said that staff would clarify with the applicant the correct amount of land for the second WalCrMar[ abandonment. B. SITE PLANS New Site Plan 1 Project Name: Agent: Owner: Location: GROVE PLAZA COMMON AREA Donna West Carnahan, Proctor & Cross, Inc. Alice Fay and Walter J. Janke Southeast corner of Hypoluxo Roa Lawrence Road 7 and MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February 8, 2000 Description: Request new site plan approval for common area buffer - Tract "G" (Grove Plaza Replat) Ms. Donna West, a planner for Carnahan, Proctor & Cross, Inc., 6101 Worst Atlantic Boulevard, Margate, Florida took the podium and stated she is representing the owners. Chairman Wische noted there were three staff comments and Ms. West stated that they agreed to all three comments. Mr. Myott inquired about the status of the development of the site. Ms. ~¢Vest said that she was not aware of any other action on any other sites. Staff had no further comments. Chairman Wische opened the public hearing. There was no one who ~vished to speak on the item and Chairman Wische closed the public hearing. Motion Mr. Finkelstein ,~,o, ved to approve the request for new site plan for common area buffer - Tract G (Grove Plaza Replat), subject to all staff commentsL Motion seconded by Ms. Frazier. Motion carried 7-0. 8. Other Discussion to change Planning and Development Board meeting date fqr election date of Tuesday, March 14th to Monday, March 13th or Thursday, March 16t~. If run-off is required, discussion to change the Planning and Development~ Board meeting date from Tuesday, March 28~n to Wednesday, March 29th or Thursday, March 30th, After discussion there was a consensus among the Board members that the following alternate dates will be the meeting dates for the Tuesday, Mlarch 14t~ meeting and if necessary, the Tuesday, March 28t~ meeting. Thursday, March 16th and Thursdav, March 30th (if necessary) Mr. Rumpf said he determined the amount of land being abandoned by W'ahlrMart, which was previously questioned, is 0.498 (or 0.5) of an acre. 9. Comments by Members 8 MEETING MINUTES pLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA February 8, 2000 None 10. Adjournment Motion_ Mr. Finkelstein moved to adjourn the meeting. Motion seconded by Ms. Fr~zier and the meeting properly adjourned at 7:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (one tape) 9