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Minutes 01-25-00 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 25, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dub6, Vice Chair Mike Fdedland Woodrow Hay Steve Myott Maudce Rosenstock Larry Finkelstein, Voting Alternate Robert Ensler, Alternate ABSENT Pat Frazier Quintus Greene, Director of Development Mike Cirullo, Assistant qty Attorney Mike Rumpf, Planning & Zonlng Director Hanna Matras, Economic Research Analyst lusia Galav, Senior Planner 1. Pled e Of AIle,iance_ Chairman Wische called the meeting to order at 7:04 p.m. and led the Pledge of AII;egiance to the Flag. 2. Introduction of the Board Member~ Chairman Wische introduced the board members, Assistant City Attorney Mike Cir Io. Mike Rumpf, Lusia Galav, Hanna Matras, Quintus Greene, and the Recording Secretary. Chairman Wische introduced Robert Ensler. the new board Alternate, Mayor and ~rs. Jerry Broening and Commissioner P, on Weiland. 3. Motion Mr. Rosenstock moved to approve the agenda. Vice Chair Dub6 seconded the motion. Mr. Finkelstein addition of"D'scuss~on regarding Billboards" under Item ~-Other. requested the Motion carried 7-0. 4. A ,i royal of Minutes_ _Motion Vice Chair Dub~ moved that the minutes of the January 1'1, 2000 meeting be approve~t. Motion seconded 9y Mr. FinKeJstein, which carried unanimously. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 25, 2000 5. Communications and Announcemept~ A. Ptanninq and Zoninq Report Final disposition of the January 11, 2000 Planning and D~velopment Board meeting agenda items· Mr. Rumpf reported on the following City Commission action that was taken at the January 18, 2000 meeting on items reviewed by this Board (a) (b) The Kenmont Abandonmem request was withdrawn by the applicant in response to the City's objection. The Lowe's Home Center Conditional Use Approval request was approved. (c) On second reading, the amendments to the Comprehe~nsive Plan for Intergovernmental Coordination and School Silting were approved. Mr. Rumpf concluded his report. 6. Old Business A. PUBLIC HEARING Abandonment 1. Project Name: Agent: Location: Description: Project Name: Agent: Location: Description: Wal-kMart (postponement Granted to ~ebruary 8, 2000 Meeting) J · Robert Bray, Assistant Vice Presiden[ of Real Estate Wal~rMart Stores East, Inc. Northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard Request for abandonment of three (3) segments of street rights-of-way totaling approximat ly 0.13 acres, t~ (postpo.ement Gra.ted to ebruary , ,~uuu Iweeting) J. Robert Bray, Assistant Vice President of Real Estate WalCrMart Stores East, Inc. Northwest corner of Winchester Park Bbulevard and Boynton Beach Boulevard Request for abandOnment of two (2) segments of street rights-of-way totaling apProximaely 0.5 acres· 2 MEETING. MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 25, 2000 Chairman Wische announced that the board previously postponed these two items. Mr. Rosenstock inquired if Mr. Rumpf had an opportunity to speak with the~ Wal-kMart representatives regarding his proposal Mr. Rumpf said he did speak w th th m and response was negative a~d they will be providing Mr. Rumpf with their response in ~/¢eciting. the B. Code Review_ 1. Project Name: Berry Veal Agent: Richard W. Carlson, Jr., Esquire Owner: Berry Veal Corporation Location: 1421 Neptune Drive Description: Request to amend the M-1 zoning districl regulafions Sections 8.A.3.a (5) and 18.A.4.e to allow as a ;3onditional use the cutting ofl.sub-primal portions of meat and pre-cut pou try qto serv ng portions, ncluding packaging and shipping and [o clarify the liFt of prohibited uses Assistant City Attorney Cirullo administered the oath to all persons who would b testifying tonight. Attorney Richard W. Carlson, Jr., representing Berry Veal Corporation, stated he had nothing to adc to staff's recommendation. Mr. Carlson presented photographs to the Board of the project site as well as all other properties on Neptune Way. Mr. Rumpf stated staff had nothing further to add and [hat staff's position was sum adzed at the last Board meeting. Mr. Cad'on apologized for not being present at the last mi~eting and thought tonight was the first hear ng Mr (~arlson 'reported that except for the ietteri g on the building identifying Berry Veal, a person would never know that this building in~,~lved the dPra~lCy.eSsing of meat The business is heavily regulated and has a U.S.D.A. Inspect~r on site Mr. Carlson stated that everyth ng that enters the building leaves as a product and th re ~s very little waste. There is a minimal amount of bone or excess fat that goes into a disp~al and ~ picked up daily. The sub-primal portions are cut and distributed in serving size portionsJ Mr. Rosenstock expressed concern about changing the M-1 Zoning Regulations to allow this because it would then open the door to a ow ng it in other M-1 Zon ng areas in the not ~ity Mr. Rumpf explained [hat the way the language was written th s is the refined process and would allow butchering. Mr. Rumpf said that the slaughter of poultry or chickens woulU not be allowed. Mr. Rosenstock asked for clarification of the definition of "sub-primal". t was explained that sub-primal means portions of meat cut be ow [he quarter size. Quarter size is when b~ef is cul into quarters and that involves a carcass with bones. The meat that comes into Ber~ Veal is four,de-b°nedsix orbef°reeight ounceit arriveS.portions.The meat arrives n five and six pound portions and is then cut into 3 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January25,2000 Mr. Rosenstock requested that language be restricted to this. Mr. Carlson stated that the "cutting of sub-primal portions of meat and pre-cut pou try into serv ne Portions" ~ , this. Mr. Rosenstock said he would ik~ mnr~= ........... ~ - J ould cover - .......... ~LHCL~ve ~anguage and noted that the applicant could sell their business in the future and the business could change. Assistant City Attorney Cirullo requested that the photographs that were presented be marked to identify the applicant's property and be retained as part of the record. (The photographs have been placed into the minute book as a permanent record.) stAIs°' Assistant,, City Attorney Cirullo suggested add ng language at the end of the sentence that ates for purposes ofthis section suo-primal shall mean...". When Vice Chair Dub6 inqu red if five or six pounds would be lhe max mum weights, he was informed that ten pounds would be the maximum. Mr. Rumpf sa d that the Code isa' ' , and unclear and staff is trying to incorporate industry standards for the meat cutting i!dun~itqr~ated Mr. Rosenstock asked why the Code shouldn't be left alone until it could be refilled for all industries listed in an M-1 zone, but grant the applicant a variance to operate in a M-11 zone. Mr. Rumpf stated thal there is no variance process for uses. Mr. Carlson suggested adding at the end of the description the phrase "that involves minimal waste generation from the site". Aisc. it could be stated that everything has to be enclosed m the entire operation. Mr. Rosenstock has concerns about what would follow next if this is permitted He! felt that it was this Board's obligation to be sure lhat when a zoning designat on is chan, bases are covered Mr Rosenst~,,-~- ~-, ,~ ~-- ~- ..... ged t,hat all the · · ,,,~, o,= u .~ ,a~ no[nmg against the an licant ' the application on a neneric bao~,- ~ ,- ............ '-P , but ~s IIooking at = o,o ~, u~ ~u~ ~na[ wnen a zoning classification is defir~ed, that it ~s strictly defined. Mr. Rosenstock did not want to allow anything to take place that wbuld have too much leeway that could not be controlled. Mr. Myott suggested including the weight of the sub-primal portion and a percentage of that portion as allowable waste. Vice Chair Dub6 sugge_s,!ed that wording could be added as follows- "n .. with less than 1% waste Vice r.~.-.~, r-,..~._- ...... ' ct to exceed 1 p pounds · .~.~, ~uuu as~e~ aoouz [ne average percentage of waste, oV/ice Chair Dub6 was informed that it was les,s, than 1 ~. ,,The a,,p_plicant said the,y, wou d acc~ept 1 ~ of waste. Mr. Rosenstock said the terms sub-prmal and allowable ., The term "sub-primaF only aDDlie.~ tn m¢~' ....... waste, n.eed to be defined. - -~ - ........ ,~, ~L uoes no[ apply ~o poultry, which is precut.' CHAIRMAN WISCHE OPENED THE PUBLIC HEARING. THERE WAS NO ONE WHO WJ SHED TO ADDRESS THE ITEM. Chairman Wische welcomed former Mayor Jerry Taylor who joined the audience. Mr. Hay inquired if large equipment would be required? Mr. Carlson said it would not'land felt the largest piece of equipment would be a band saw. There is much less impact than a MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January25,2000 supermarket, since supermarkets receive their meat in quarters, which involves deboning and waste. Mr. Rosenstock inquired about vermin around the building. Mr. Carlson said that any board member would be welcome to visit the facility at any time. The U.S.D.A. Inspector iS there daily and performs random checks. If the inspector sees a problem on site, the operation is shut down. The facility is sanitized before each operation everyday and at the end of rite operation everyday. Aisc, there are vermin traps outside the building approximately every 20 feet. Mr. Friedland noted that when Mr. Rumpf reported on the application at the last meeting, he commented on the cleanliness ofithe operation .Motion Vice Chair Dub~ moved to approve the request to amend the M-1 zoning district n.gulations, Sections 8.A.3 a (5) and 8.A.4.e to allow as a condit ona use the cutting of sub-prin~l portions of meat and pre,cut poultry into serving portions, including pack n and shi in portions will not exceed 10 ,,oun,~- ~ ..--: ...... g Ppg wh~re pre-cut ~' '~o .. w~B~t ana waste genera:ed will not ~×,-~¢,~ 14o/. ~ clarity the list of prohibited uses s. ,~-~.-~ · ....... ~ ..... I'/o ~nd to meeting. , ,~,~j~.~ ~u ~,u ~nanges ana recommendations m~de at this Mr. Ensler asked if the cleanliness standard was key to the approval, would it be possible to add some kind of cleanliness standard which would be required for any future operation ? It noted that this would Come under lhe Board of Health and is nol in the control of this was ~0ard. Motion seconded by Mr. Friedland. Motion sarried 7-0. 7. New Business C. PUBLIC HEARING Zonin Code Variance Project Name Agent/Owner Location: Description: David Chafin David Chafin 640 NE 15t~ Place Request for relief from chapter 2 Section 5(C)(2)(a), requiring a mini setback of 25 feet to allow a 9 ~ variance, or a rear setback of 15~ construct an addition to a single family Mr. Chafin distributed a handout to the Board. Mr. David Chafin, 640 NE 15th Place "- - - , ouyn:on ~each, said he met with Plannincl an~ on November 18th before he applied for the variance and he was present tonight rebuttal on the denial of his request. 5 Zoning, lure rear foot rear feet to Zoging offer a MEETING MINUTES PLANNING & DEVELOPMENT BOARD _BOYNTON BEACH, FLORIDA January25,2000 Mr. Chafin said that he had met with Mr. Jim Nugget who suggested that Mr Chafin obtain a letter that the property would not be used for rental prope~rb~o' He hasdone tha!. Also, Mr. Nugget said that the square footage shou d not take over 35~ of the sa~d it lis wel~ below that figure, Mr Nu"'-e* ~' ......--- _ _ property and; Mr. Chafin ' - · ~ , ,~,ou/~uummenaea tr~e a ' are any other homes Jn the neiahborh ,~,~ ,~, -..- ......... pphcant deterrpme if there application. .~ o .......~,~ u.uer [ne 3b se! back and put that m the Mr. Chafin said he does not really have a hardship, except that his wife ~s pregnaht and they have a three-year old daughter. The applicant stated he gets up early and has an office job with the computers and printers on and this disturbs bls wife and daughter. Mr. Chafin said that he measured the two lots behind h s property and both , the property line. Mr. Chafin said he is leavi,-,- ~ ~' ~ ...... , .. , are 15 f~et or under the 25'. ,,~ ,,~ -u Lu me rear setback and is only ~aking 9' of Mr. Finkelstein asked the app icant when he measured the setback if .., - .enclosure?. Mr. Chafin said he measured it ri,~ht u" t" *~-~ '- ....... .he m.e. asured ,t ~ a pool or [ne properbes on the overhead man to m, ,-,, ^~... ,. ~ .% ~_,'.',u u~.cK eulla!ng. Mr. Rumpf ,~olnted out over 20 between the rear wall and th~ ¢~ ~, ........ ar.cl. Mr. Rumpf statedj there was very deep lot. _ ..... o--u ~e~DacK. merefore, the space that ~exists is a Mr. Finkelstein inquired if the outbuilding, which is not attached to the home, is stdctl use and would this be a problem with the neighborhood zoning? Mr Rumpf stated i~ for office · · this case there would not be separate cooking facilities, but separate bath facilities. Mr. Chafin said he designed the building so that he could go out to the outbuilding early in the mornir~g without waking up the family. Also, the building will be used for an extra bedroom, as well as an office. Mr. Rumpf gointed out from the aerial photos of the neighborhoods, the lots appear t~. be deep lots. Mr. R(~senstock asked f the area between the houses was · applicant stated it was, as well as fh¢ k~,.4. ....... heavdy landscape¢ and the · --~ ~h,~,-,, u~ ~ne houses. Mr. Finkelstein said he ~ould see directly in from Ocean inet Drive to 15 Place and asked if the neighbors were noti¢ied? Mr Finkelstein pointed out if the bu ding were attached to the home, it would come within the setback line, but as an outbuilding it does not. Mr. Myott thought it would be possible to design the office to be attached to the hous~ would fall within the setback and that a great deal of the noise could be controlled. The applicant asked why the homes that abut his prope have 1 ' setback? Mr Ru ,, ...... .. .... .. ....r . .,. dy 5 setbacks and he I · . m~f ,,=o uu~u~ u~ m s, Put [ Is possible that we situation· are dealing with a gr~ and this as a 25' ~dfather CHAIRMAN WISCHE OPENED THE PUBLIC HEARING. Commissioner Ran Weiland aSked if the addition could be turned sideways. It would then within the Setback and there would still be a buffer between the house and the outbuildint, be The applicant stated the reason he planned the Outbuilding as submitted was because lhe may want to add a pool and patio. 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January25,2000 THERE WAS NO ONE ELSE IN THE AUDI ENCE WHO WISHED TO ADDRESS ~'HE ISSUE. CHAIRMAN WtSCHE CLOSED THE PUBLIC HEARING. Mr. Finkelstein inquired if the matter of financial hardship no longer applied? The a~plicant saic that he has since sold another piece of property and he is no longer claiming financial hardship. Mr. Rosenstock noted that there were 68 homes in the development and asked iwhat would happen if 67 other homes requested the same thing? Assistant City Attorney Cirulle responded that is the reason this board considers variances o~ a case-by-c~se basis. Mr. IChafin said there are only 12 to 15 homes on his street. Mr. Finkelstein asked Assistant City Attorney CJrullo if the applicant's request fall~ within the criteria for granting relief for a hardsh p for a variance Attorney Ciru o replied that these were two different questions. This qualifies as a variance that this Board could grant but the Board must find that it meets the criteria in the Cede for grant ng it, one of which is hard~hipl. Motion eel [o allOW a 9 ½ toot rear vari . Motion carried 6-1 for denial of the request (with Mr. Friedland voting in favor of the request). Assistant City Attorney Cirullo reminded the applicant that this Board makes recommendations to the City Commission and that the City Commission has the authority to g~ with the recommendation or to change the Board's recommendations. 2. Project Name: Sammy Berry Building Agent: Kimberly A. Dellastatious AIA, PA Owner: Sammy Berry, Jr. & Eula Mason-Berry Location: 110 Martin Luther King Jr. Boulevard Description: Request relief from Chapter 2 Zonin~ Section 6(B) (3) requ ring a m nimum side setb~ ;k of 15' to allow a 0 var ance, or a side setb~ ck. Ms. Klm Dellastatious, agent for the owner, took the podium. Mr. Rumpf noted there is a great priority for redevelopment in the City. Although the ( prefer not to have to use va~iancas because they set precedents, staf~ feels in this cas( ty would the City would lose the opportunity for private initiative to begin implementing the redevelopm nt vision of the City. Mr. Rumpf stated the staff would like to see the entire street developed )nsistent with the vision, which staff is endorsing with the variances. Mr. Myott inquired what wou d be occupying the three bays. The agent stated the eaitem bay s a professional office; the center bay would be professional office or retai~; and the! western 7 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLOR!DA January25,2000 by_ag is retail. Mr. ~*,, *~,v,~,oL, noted that the variance would allow people to get to the parking lot in the rear. The agent reported that at the pre-application site plan meeting, an entirely different design was reviewed that required only one variance for the drveway n response to staffs ¢'eq Jest that the applicant follow staff's vis on, the applicant c,,hanged the plans that now requiie additional variances. This was all done at the applicants expense. The intent is to develop MLK Boulevard into an urban context. Mr. Finkelstein inquired about t,he columns and the overhang The agent re lied t . b,ack the front of the bu Iding 5 from the sidewo~L- ,,,~-~- ,..A.' ..... - _ P I~at she held ~JldllL trees. However, within the 5area there is an awnina th~f closed off. .... ~,-,=,u. ~ was noted that the existing curb culls would be Mr. Rurnpf noted that the reason for the zero setback is because the applicant indica ed that the elernent just described would be in the front however some of those elements have I~lief in the Code for: setbacks Staff did not want to alter the design and that is why staff w nt to zero setback. The Code would prevent anything from encroaching over the proper~Cy line but everything could go up to it. . The agent pointed out that the setback is 3', not 5'. Mr. Finkelstein fet the street ~as laid out very w~ll for what staff is trying to accornp ish, but would like to see the sidewalk wid&ned, as is the plan for downtown Mr. Rurnpf noted that staff is currently reviewing the plan. CHAIRMAN WISCHE OPENED THE PUBLIC HEARING. Ms. Blanche Girtman, 912 NW 3 ---~., ,:,uyu[on ~eacn, owner of propertl:~ on MLK whereB°ulevard'the buildingaSked whatis planned.kind of building was be ng planned and said there are no sidewa ks Ms. Girtrnan did not th nk MLK Boulevard wou d be S~uitable for zero tolerance and did not ike the idea of having parking in the rear of the buil~ling.'~' Ms. G rtrnan said this area has been constantly going down because of the surrounding area. Chairman Wische asked Mr Rurnpf to respond to Ms. Girtrnan s concerns. Mr. RurnBf stated it is a cornrnercial, single-story building. The park ng calculations are based upon corn ercial use and full parking will be provided. Mr. Rur:npf said there is sidewalk space availa~r~ and the project v~ould not be taking away any right-of-way. Mr. Rurnpf stated that the V s OhS ~0/20 plan had very few details recommended for MLK Boulevard. Mr. Myott noted that the theory of placing the building near the street is to encourage p destrian interaction up and down the boulevard. The purpose of the bu Iding is to enable people to walk frern building to building and the park ng would be in the rear. ' Ms. Girtrnan asked why the parking lot had to be so large and was informed that the Parking lot was in accordance with the City Code. Mr. Rurnpf said that staff is going to great lengths and using various processeslto steer development in the direction that the City wants it to go. Also, it is hoped that the next tirne 8 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON 'BEACH, FLORIDA Janua(ry 25, 2000 something new comes on line, there would ~)e some design guidelines in place to continue this design style. Ms, Girtman inquired if this would apply to both sides of the street and was informed it would be a unifiedstreetscape. Mr. Rumpf stated that staff envisions a m~xed use on MLK Bclulevard and would Mike it to happen in the same building. A woman in [he audience who resides on NW 11TM Avenue asked if this would affect her property. Mr, Rumpf responded negatively and explained that all property owners= within 400' were n~tified Of this application. THERE WAS NO ONE ELSE THAT WISHED TO SPEAK ON THE APRLICATION. CHAIRMAN WISCHE'CLOSED THE PUBLIC AUDIENCE. Mr. Rosenstock said that the theory among today's panners s to move everything parking in the rear of the buildings. This allows people to park their cars and walk fr~m building to building. ¢~)rward w th Mr. Rosenstock felt this application was a step in the right direction. H~ would like the setback to be able to accommodate a large sidewalk, trees and bushes b(~tween the building. Mr. Rumpf pointed out that staff is trying to design something in advance of an official design and is trying to envision what is best and what is coming. Mr. Finkelstein pointed out that there is currently a 5' sidewalk in place. Motion Vice Chair Dub~ moved to recommend approval for the request for relief from ~hapter 2, Zoning, Section 8(B)(3) requiring a minimum side setback of 15 feet to allow a 10 fo,o~ variance. or a 5 foot side setback, subject to all staff comments. Motion seconded by Mr. Rosenstockl Motion carried 6-1 (Mr. Hay dissenting). 3. Project Name: Sammy Berry Building Agent: Kimbedy A. Dellastatious AIA, PA Owner: Sammy Berry, Jr. & Eula Mason-Berry Location: 110 Martin Luther King Jr. Boulevard DescriPtion: Request relief from Chapter 2, Zon ng,I Section 6(B)(3) requiring a minimum front setback ef 30 feet to allow a 30 foot reduction or setback olt zero (0) feet. There were no comments from the board members. CHAIRMAN WISCHE OPENED THE PUBLIC HEARING. Blanche Girtman asked if this perta ned to the zero setback from the backside of the ~ dewalk to the building. Ms Girtman said she d°e_s, not like what is being done to MLK Boule ard and that some of the lets are so small you Won t be able to get a setback on the east sid~or west side nor in the back. 9 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 25, 2000 Mr. Myott explained to Ms. Girtman that staff is trying to line the streets with new buildings and that this does fo Iow w~at was'brought out n Vsions 20/20 Mr. Myott, is hopeful that the City will continue this practice once it ~tarts. Ms. Girtman quest oned hbw the existing buildings could be lined up with the new buildings and whether the entire street would be redesigned. Mr. Rumpf said there is a lot vacant property on MLK Boulevard a properties that could lead to future ,~ ,,,,~,~ .... + ^, ...... nd There may be some Discussion ensued ab0,,* +~- .... ,.=_~e-~,,,~,~,,~,L ~u, there w~ oe more red~velopme . u~ ~,~ t.~d/r~lll~ Sl[Ua[iorl and the Doss b I' nt available. Mr Rum f sa' .... Jty of shared a kin be lots would be devel~ed,d that the p°s'b tY ex'sts of land assemb,age and thatP o witheg In response to Mr.Hays' question' regarding a specific plan for MKL Boulevard, Mr. Rumpf stated in the Comprehensive Plan, the Visions 20/20 and previous redevelopmen~ plan talks about general land uses and zoning. However, it does not specifically state that buildings shall be placed in the front. Mr. Finkelstein said the plan contains drawings and ideas that bring the buildings tb the front and shares mixed-use and parking. For. m .e,,r, .May.or Jerry Taylor, 1086 SW 26th Avenue ex"'ress--' p ~u concerns with the a~ndscaping aha w~th the Dusinesses. He would like to make sure that there is some landscaping around the businesses. Former Mayor Taylor stated if zero setbacks were allowed this would nJ~t have to be done. Mr. Rumpf said that it isn't necessarily the plan to cover up the buildings with landscaping and that the building would speak for itself along the streetscape with windows, window diressings, and paint ngs to encourage window browsing. CHAIRMAN WlSCHE CLOSED THE PUBLIC HEARING. _Motion Vice Chair Dub~ moved to recommend approval of the request for relief from Chapter 2, Zon ng, Section 6 (B)(3) requiring a minimum front setback of 30 feet to allow a 30 foot red[Jction or setback of zero (0) feet. Motion seconded by Mr. Friedland. Motion carried 6-1 {Mr. Hay dissenting). ProJect Name: Agent: Owner: Location: Description: Sammy Berry Building Kimberly A. Dellastadous A1A, PA Sammy Berry, Jr. & Eula Mason-Berry 110 Martin Luther King Jr. Boulevard Request relief from Chapter 23 Parking ot~, Article 11 (H) (3) requiring a minimum separatofi of 180 feet between a driveway and intersection roi allow a 28 foot vadance or separation of 152 feet. 10 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January25,2000 Ms. Dellastatious stated that if this variance was not granted it would make the Iot~ "undoable". eC~sr~ontlmYa[l~:ri~saarefert. Wo curb cuts going into the lot and these are being pushed farther to the Mr. Myott thanked Mr. Berry and the architect for working with City staff on the projbct and said they should be congratulated. , CHAIRMAN WISCHE OPENED THE PUBLIC HEARING. THERE WAS NO ONE WHO WISHED TO ADDRESS THE ITEM. Motion Vice Chair Dub~ moved to recommend approval of the request for relief from Q;hapter 23, Parking lots, Article 11 (H)(3) requiring a minimum separation of 180 feet between a driveway and intersection to allow a 28~fo0t variance or separation of 152 feet. Motion secotded by Mr. Finkelstein. Motion carried 6-1 (Mr. Hay dissenting). 8. Other- Discussion Mr, Finkelstein noted that on Page 21 of the minutes of the last City Commission meeting, there was a discussion between Commissioner Denanan and the City Attorney relati g to non- conforming billboards. Aisc, there was some discussion that even thou h th ' . supposed to be taken down bv ¢.¢.~mhCr o~ . , g e blllb~agrds were .......... ~ D ......... ,~,, 1999, there was talk about not rer~oving the o~ooaras, Duz a~owing the billboards to be moved to another location in the City. Mr. Finkelstein felt this would be opening up a Pandora's box Mr. Finkelstein inquired if Mr. Rumpf knew about this. ' Mr. Rumpf said he attended the first meeting that staff had w~th representatives of the billboard company that owns the billboard site at the northeast corner of Hypoluxo Road and Lawrence Road. There is an existing lease for these billboards that expires n 2003 Because there is a desire for the property to be developed and the potential for the City to benefit from the revenues, it might be beneficial to allow the billboards to be placed on City property. Another consideration is whether or not the City is willing to go head-to-head with the billboard company in court, Assistam City Attorney Cirullo stated he has not been directly involved in this andFould not comment. However, he will check into this and report back to the board at the next mec~ting. Mr. Rosenstock note¢ that the billboard question came up before the City Commissi n a few years ago, as well as the County. Mr. Rosenstock would like to recommend thatl;ttorney Cherof check the County Ordinance and sa d there fs case aw, if the time is reasonable, to grandfather the billboards out of bus ness. 9. Comments by members See above. 11 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 25, 2000 10. Adjournment Motion Mr. Fdedland moved to adjourn. Motion seconded by Mr. Finkelstein and the meeting adjourned at 8:40 p.m. Respectfully submitted, properly Barbara M. Madden Recording Secretary (two tapes)