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Minutes 01-11-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, JANUARY 11, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dubb, Vice Chair Pat Frazier Mike Friedland Woodrow Hay Steve Myott Maurice Rosenstock Larry Finkelstein, Alternate Quintus Greene Director of DeveloRment Mike Cirullo, Assistant City AttorneyI Mike Rumpf, PJanning & Zoning Director Hanna Matras, Economic Research ,~nalyst Lusia Galav, Senior Planner 1. .Pledge Of Allegiance Chairman Wische called the meeting to order at 7:05 p.m. and led the Pledlge of Allegiance to the Flag. 2. Introduction of the Board Member=', Chairman Wische introduced the Board Members, Assistant City Attorney. Mik, e Cirullo, Mike Rumpf, Planning and Zoning Director, Quintus Greene, the' itys new Development/CRA Director, Hanna Matras, Economic Research A alyst and Lusia Galav, Senior Planner. Ch,airman Wische also welcomed Mayorr!erry Broening, Larry Finkelstein, the Board s Alternate and the Recording Secret~r~. 3. Chairman Wische called for a motion to approve the agenda. Motion Vice Chairman Dubb moved to approve the agenda. Mr. Rosenstock seconded the motion, which unanimously carried. 4. Chairman Wische called for a motion to approve the minutes of the December 28, 1999 meeting. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 11, 2000 Motion Mr. Rosenstock moved that the minutes of the December 28, 1999 m(~etng be approved as submitted. Motion seconded by Vice Chair Dub6, which- carried unammously. 5. C~ommunications and Announceme~, A, P~lanninq and Zoninq Report 1. Final disposition of the December 28, 1999 Plannilg and Development Board meeting agenda items. Mr. Rumpf reported on the following City Commission action that was taien at the January 4, 2000 meeting on items reviewed by this Board. (a) The Learning Depot was approved by th~, City Commission and will be before the Board tonight for a more complete review. (b) The Kenmont Abandonment Request was postponed to the January 18, 2000 City Corn,mission. (c) The two Ordinances for the Lowe s Project, amending the Future Land Use Element of the Comprehensive Plan, were both approved on second reading. Mr. Rumpf concluded his report. 6. New Business A. Conditional Use 1. Project Name: THE LEARNING DEPOT--PRE SCHOOL[ Agent/Owner: Scott and Kathy Freeland Location: SW 3rd Street at Woolbright Road Description: Request conditional use and site plan appr~,val to cons[rum a 4,623 square foot daycare c~nter on 0.52 acres. Chairman Wische announced that all persons who wished to speak on this em must be sworn in and asked Assistant City Attorney Cirullo to administer the, ath to all persons testifying. 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA - - __ January 11, 2000 Chairman Wische noted that item was before the Board two weeks ago and came back for further review and stated there were 28 staff comments. The applicant agreed with all staff comments. Chairman Wische inquired if any Board members had anv comments· ViCe Chair Dub6 asked about the plumbing and said it appeared fr~m the plans thai all the fixtures were for adults and asked how the children would be accommodated? Ms. Freeland said that the bathroom fixtures in the classrooms are s~nall accommodate the children. Vice Chair Dube inquired if there would be a children's handicap bathroom along with the adult handicap bathroom and Ms. Freeland said there was none for children. Vice Chair Dube said that he did not have a problem with the drive-thru, but at the last meeting the applicant mentioned that children would be et ' ' ,of cars and going under the cover Vic ~,o~- r~,.~.~- ........ g ting in a~nd out eecause there was a distance ~-~+,',;~-- e-L-""-,~t' ~'~ ~u m~s was not po!ssible, ,,o,vv~, Lne orlve-mru and the covered over'head. Ms. Freeland said she plans to have adults assist with getting the childremout of the cars into the building. Chairman Wische opened up the public hearing. public hearing. Hearing none, he closed the Mr. Myott inq uired about the color of the roof tile and was informed it Mr. Myott also noted that the si,~n ,, ...... ,~ ,._ . . was ~hite. approval. ~ a~ v,uu~u uu separa[e from the sitel plan _Motion Vice Chair Dub6 moved to approve the request for conditional use and site plan approval to construct a 4,623 square foot dayCare center on 0.52 acres sul~ect to all staff comments Motion seconded by Mr. RosenstoCk. Motion Carried ~-0. Mr. Rosenstock said he had an item he would like to discuss under' Old Business, which is approval of the Comprehensive Plan that was discUss.~d at the last meeting when Mr. Rumpf was not present. Mr. Rosenstock sai~ he telephoned Mr. Rumpf today and called to his attention that it had been discussed in the past that this Board consider a change in the Comprehen was to ~sive Plan regarding the land use on the Intracoastal Way. The concept at thai time stop high-density development or further commercial development ar J to only allow high caliber, high cost homes: Mr. Rumpf informed him that there vas still enough time when the plan comes back from the Department of Comn- ?ity Affairs (DCA) to add this. Mr. Rosenstock said he would like some input on this change in Ithe ComphrensiVe Plan and would like to move forward with scheduling a workshop 3 i MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 11, 2000 with this Board and the Planning Department for this purpose. Aisc, the City Commission would be invited if they wished to attend. Mr. Rosenstock re.quested that the Chairman set a date certain for a workshop to review the Comprehensive Plan and not wait until the last minute when the Plan comes Deck from DCA with their comments. Mr. Rumpf rep ed that there is not a significant amount of time when ti~e Plan comes back/;rom DCA with their response and the time it has to be a4Jopted. Therefore, Mr Rosenstock would like to have a workshop as soon as possible to discuss the changes that have already been submitted. If ther· - changes, another workshop could be scheduled for a later date e are ad~llbonal Chairman Wische asked if there was a consensus on the Board to ~old a workshop as soon as possible. After discussion, it was determined te hold the workshop on the Comprehensive p · Board's regularly scheduled January 25th Meetmlan Imm..edla_tely follewin. ~1. the not appear that the anenda fo- m,,, ......... g.. Mr. ~umpf sa~d that ~t did ~ .,.aL muuung WOUld be lengthy Attorney Cirullo reminded Mr. Rumpf that there must be proper notice fbr the workshop in the event people want to come to the workshop only· 7. New Business_: Mr. Rosenstock said he would have liked the Wal,Mart application to remain on the agenda for discussion. Mr. Rosenstock said he has concerns about the City giving away more land in addition to the Ocean Ridge pro er[ H no objection to these vet,, smo" ..... , ..... P Y' owever, he has · ~ ~,, P,~,~-u~. ~vlr. ~umpt explained to hi~ the awayneCessitYwithout°f having to do this. Mr. Rosenstock feels the City is giving t~ings getting anything in return. Mr. Rosenstock would like the Board to consi . · · 1% of the tote cost of t . der the i.de.a of charging devek 3ers ,..__,., ,_ ...... he commercial developmen~ for some t e .v.v._u._u,,u ue. a..val~aDle ~o me public. This could in .,~, ~ .... ,_,_ yp ,of ad that wums and riley could also be n a,.,~,4 ~ .... ,~_ ,cl,,~.o ,~..u,.,.~ns, sculp~ur( art the building being but Mr R~se~n"s'~;~k%"~u~',e~r_~,°c,a,u°~n 'f ,,.w. as.not, feasil: e in · - ecru Lna[ ~vlr I~umpf I'tad informed him that he asked WalC~Mart to build a couple of fountains. This could be dore in their water retention ponds and it would certainly add to the beauty of that development, which would also prove to be economical to the applicant. Mr. Rosenstock suggested that the City would be pleased to give WalC~Martlthe easements and the land they need in return for two fountains being built om the property. Chairman Wische said that as long as the Board doesn't make this mandatory, he didn't think the Board had to make any type of ruling, except to appeal to lthe 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January 11, !2000 applicant's better judgment. Mr. Rosenstock would like to have a consensus of the Board that they would like to see something like this added [o the project. Chairman Wische polled the Board and there was a consensus to requ st that Wal,Mart be asked to add fountains to their project. Mr. Myott said that, here is an impact fee on building permits, that is a fee for art in public plac~ Rosenstock said these fees go to other places in the County and ot to the cities. · Mr. Mr. Myott said that the City of Boca Raton has a median ~mprovement surcharge. A. PUBLIC HEARING Abandonment Project Name: Agent: Location: Description: WalC~Mart (Postponement Requ, ested by Applicant) J. Robert Bray, Assistant V ce President ~nfcRea Estate Wal+Mart Storesl East, Northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard Request for abandonment of three (3) segments of street rights-of-way totaling approximately 0.13 acres. _Motion Mr. Rosenstock moved to postpone. carried 7-0. 2. Project Name: Agent: Location: Description: _Motion Mr. Rosenstock moved to postpone. Motion seconded by Mr. Friedland. carried 7-0; Motion seconded by Mr. Friedland. M~tion WalC~Mart (Postponement Requetted by Applicant) J. Robert Bray, Assistant V ce Presibtent of Rea Estate WalC~Mart Stores, Northwest corner of WincheSter I~ark Boulevard and Boynton B~ach Boulevard Request for abandonment of twoI (2) segments of special purpose easement ra c rhets ;Or-waY tota,,ng app,ox,mate,y 10.5 Motion 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA January11,~000 _ 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 district regulations, Sections 8.,~ and 8.A.4.e to allow as a conditi¢ the cutting of sub-primal porti, meat and pre-cut poultry into portions, including packagin shipping, and to clarify the prohibited uses. For clarification purposes, Mr. Rumpf stated the two Wal.Mart items ~vould appear on the February $, 2000 agenda. Chairman Wische asked the agent to take the podium. No one was present on behalf of the applicant. Chairman Wische stated that if the applicant dolls' not appear, this Board does not hear the case. Mr. Rumpf had assumed that the appJicant was present. -~oning La (5) al use ns of ~rving and st of Mr. Rosenstock said that he spoke with Mr. Rumpf today on this issue an~ has some questions on the M-1 categories and would like to review that ~ the workshop meeting. Mr. Rosenstock noted that Berry Veal is operating m ~v at that address and under the M-1 code designation. Mr. Rumpf tolc Mr. Rosenstock that he was impressed with their operation and that actually [hey were no[ in violation now under the M-1 category. Mr. Rumpf stated that b ~sed on the current interpretatiop the applicant is legally not conforming. Therefore, the purpose of the amendment is for clarification. Mr. Rosenstock said he would like the agent to be present to answer questions about the operations of the business. Motion Mr. Rosenstock moved to postpone the application to the next Board meeting. Motion seconded by Mr. Hay, which carried 7-0. 8. _Other 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD ~BOYNTON BEACH, FLORIDA None January11,2000 9. Comments By Membem Ms. Frazier asked Mr. Rumpf when he toured the Berry Veal facility w~as it as clean as he thought it would be and Mr. Rumpf replied that it was cleaher and colder. Also, he said that he met with the Federal inspector who is hoased on site. Mr. Rumpf replied that the operations generate next to nothing in t~erms of waste products. Chairman Wische stated that he received a copy of Ordinance 099-38 that had been brought before the Commission that he questoned and request~ed that certain portions of the Ordinance be deleted, which has been donA. C[~airman Wische read the Ord ~nance to which he was referring to the Board. Vice Chair Dub~ wished to thank Chairman Wische and the City CommisSion for the way the Learning Depot was handled. Vice Chair Dubb asked where the dates for [he TRC meetings were and Mr Rumpf replied they are being updated. Also, Vice Chair Dub~ would l ke to continue to receive copies of the City Commission minutes. Mr. Hay asked when an applicant is not present, is it a written Board policy not to act upon it and requested a copy. Chairman Wische said it is not a ~written guideline, but a consensus of opinion if people don't take the initiative to appear, the Board is unable to ask questions of the applicant. Mr. Rosenstock did not feel it was fair to make a decision either for or against a project without the applicants being present to represent themselves. 10. Adjournment Motion Mr. Hay moved to adjourn. Motion seconded by Vice Chair DubS. The meeting properly adjourned at 7:35 p.m. Respectfully submitted, Barbara M. Madden Record ~ng Secretary (one tape) 7