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Minutes 12-28-99MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 28, 1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley DubS, Vice Chair Pat Fraz~er Mike Friedland Wood row Hay Maurice Rosenstock Larry Finkelstein, Voting Alternate ABSENT Steve Myott 1. P edge Of Allecjiance Lusia Galav, Senior Planner Mike Cirullo, Assistant City Atton ey Chairman Wische called the meeting to order at 7:00 p.m. and led the PI Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board Members, Assistant City AttornE Cirullo and Lusia Galav, Senior Planner. 3. Aqenda Approval Chairman Wische called for a motion to approve the agenda. Motion Vice Chairman Dub8 moved to approve the agenda. Mr. Rosenstock sec( motion, which unanimously carried. 4. Approval of Minutes Chairman Wische called for a motion to approve the minutes of the DecE 1999 meeting. dge of Mike :led the nber 14, MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 Motion Mr, Fdedland moved that the minutes of the November 23, 1999 me~ting be approved. I Mr. Finkelstein requested that on Page 8 it should state that 'the had ~ot been contacted". Mr. Finkelstein seconded the amended motion. Motion carried 7-0. 5. Communications and Announcements A. Planninq and Zon|nq Report 1. Final disposition of the December 14, 1999 Planni Development Board meeting agenda items. Ms. Galav reported on the following City Commission action that was takel December 21, 1999 meeting on items reviewed by this Board. (a) (b) (c) (d) (e) (f) ~g and at the The Eckerd Drug Store sign variance was appr wed. The Land Use Plan Amendment for the Villa )el Sol was approved for transmittal to the Departr ent of Community Affairs for review. The Kenmont Abandonment Request was tabled at the request of the applicant's attorney. The I~equest is being rescheduled for [he January 4, 20~ 0 City Commission Meeting. The ©omprehensive Plan-EAR-Based Ame dment was approved for transmittal to the Departr ent of Community Affairs. From the November 23. 1999 Planning and Development Board Meeting the OrdinanCe for Lowe's Rezoning and Land Use Plan Amer~dment was approved on first reading. The Carsrud Variance Requests for rear adz side yard variances were both denied. / 6. New Business A. PUBLIC HEARING 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 Conditional Use Project Name: Agent/Owner: Location: Description: The Learning Depot- Pre-S~chool Scoff and Kathy Freeland I SW 3rd Street at Woolbrigh~ Road Request conditional use approval to construct a 4,632 square foot day care center on 0.52 acres. Chairman Wische stated that all persons who wished to speak on this item must be sworn in. Assistant City Attorney Cirullo administered the oath to all persons who would be testifying. Chairman Wische noted there were 28 staff comments and requested that the applicant only address those comments that they do not agree w th or need clarification. Mr. Ted Bessette, '1300 North Federal Highway, Boca Raton took the, podium and stated he is the project architect and that they agreed with all staff comments. Staff had no further comments, Chairman Wische announced the public hearing. A man ~ the audience stated that he would like to reserve his right to speak if necessary. Chairman Wische asked if the members of the Board had any questions? Mr. Finkelstein asked if the bell would be operational and Mr. Bessette re, plied the bell is only decorative. Mr. FinkelStein referred to the reqUirements that alday care must meet which is outlined in summary/Recommendations in theI back-up material and more specifically access along "a state arterial or county arterial or collector roadway". Ms. Galav responded that it is not necessary to have~ access. but the project haS to be located along the arterial roadway and technically, the project does meet that requirement. I Mr. Finkelstein inquired about the "on-site retention" and asked if this ~vould be located near the playground? Mr. BesSette stated that the retention site i~ located near the playgroUnd and noted the area is adequate for on site retention. e ardln Mr. Finkelstein asked if there was any response from the neighbors Itg ' g traffic concerns? Ms. Gaiav stated staff received no response from the n¢ ghbors MS, Galav said a traffic study has been provided to Palm Beach County sind is still being reviewed. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 Ms. Frazier questioned why no one in the neighborhood responded regarding the traffic, considering there already is a school in the area. Ms. Galav said everyone received notices that were within 400' of the site. A gentleman took the podium and stated he lives directly adjacent to the property and said that the f rst notice sent to the surrounding neighbors had th[a wrong project address A revised notice was sent and he felt this might be the r~ason for a lack of response from the neighbors. He is not opposed to the project,I but has some questions regarding the site plan, fencing and lighting, as well as run-off. Chairman Wische said these questions would be addressed at the ~;ite plan approval. Tonight the applicant is seeking a conditional use approval Itc build. After the conditional use is approved, the applicant comes in for site plan approval. Chairman Wische closed the public hearing. Ms. Galav said that tonight the applicant is asking for conditional use and site plan approval. Mr. Finkelstein nquired how many children would be attending the schoolland was informed approximately 66. The applicant stated that is the maximum ~tllowable amount in accordance with childcare center regulations. Vice Chair Dub6 stated if the applicant was also present for site plan [approval tonight, members of the Board were not furnished with a site plan and the, agenda only states conditional use. Vice Chair Dub~ felt that this Board cannotlapprove the site plan since it was not furnished. Ms. Galav said that in order to obtain a conditional use, a site plan must be included. Ms. Galav said there is a reduced version of the site plan in tb packet. Mr. Fdedland opined that that since members are not prepared whether ti could legally proceed with site plan approval and felt the request s postponed until the next meeting. The architect stated that the delay wot considerable expense to his clients. agenda is Board ould be d cause Mr. Friedland asked how large the staff would be for the 66 children. The applicant stated there Would be a staff of seven. / Mr. Finkelstein asked the applicant how they proposed to stack ail the ~vehicles. Mr. Bessette stated that the pick ups would be staggered and there will be a long u-shaped drive. Mr. Finkelstein asked approximately how many cars ~ould be stacked? Mr. Bessette replied the driveway is 27' wide. 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 Ms. Kathy Freeland replied that there will be a teacher outside to bdng the,children in and this would be a quick process. Also, she pointed out that the drop-off period would be staggered between 7:00 a.m. to 9:00 a.m. Pick-up would take place between 4:00 p.m. to 6:00 p.m. Mr. Bessette felt that approximately five cars could be stacked at one ti~e. Ms. Freeland pointed out that they plan on having parking spaces as w~ll. The architect pointed out that there will be a covered area outside the buildling and there ~s more than adequate area to load and unload the children. Chairman Wische asked Assistant City Attorney Cirullo for his opinion. ~Attomey Cirullo stated that to complete the application for a conditional use, submission of a site plan is necessary. Also Attorney Cirullo stated it was noticed as a conditional use and the property was posted for site plan review. Thereforle, notice is not an issue and s~id that the ~nembers have been provided witl~ all the documentation even though the site plan is in reduced format. Therefore, iAttorney Cirullo felt the Board could consider both the conditional use and §ite plan approval tonight. Ms. Freeland said it is their intent that the daycare would be a neighborhood school and parents could walk their children to school as well. Ms. Frazier nqulred if arrangements would be made with Forest Park I,or after- school care. Ms. Freeland said it was not their intent to do this and the s6hool will be kept as a daycare for pre-schoolers and infants. Mr. Finkelstein asked if the site would extend to the next house or would a vacant lot separate the school and the house. Ms. Freeland stated that the peo.~le in the next house own the vacant lot. Mr. Finkelstein said he was unable to Iread the landscape plans and asked about the buffers on the Woolbright sid~ of the property. Mr. Bessette said there would be landscaping, as well as ¢~alls and fences around the property. Mr. Hay inquired if there was enough notice between the first and seconal notice? Ms. Galav stated there was. Vice Chair Dub6 said even though the Board could legally vote on this, Re is not comfortable approving something he cannot read. Vice Chair Dub6 note~l it is the job of this Board to inform the City Commission on whether or not something has been approved. Ms, Galav stated that the plans were submitted and should have been included with the agenda packets. 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 Attorney Cirullo said that this Board could give the applicant the opportunity to review the site plan with the Board tonight if the Board so wished. If the Board was not comfortable after that, the Board could ask the applicant if they wished to voluntarily request to table the approval. Mr. P, osenstock agreed with Mr. Dubb and felt if he was going to approve the project, he would like to see the plan. Motion Mr. Rosenstock moveo to table the request for approval. Motion seconded by Vice Chair Dub6. Attorney Cirullo pointed out that the applicant must voluntarily request to t~ble their application, or the Board must pass on the recommendation of the application. Mr. Rosenstock said if the applicant does not request to table their application, he will recommend rejection of the approval, pending receipt of the plans. Chairman Wische asked the applicants if they understood what has tak and they said they did and would consider a request to table the item Board has an opportunity to look at the site plan. Mr. Rosenstock did not two weeks should make that much of a difference. ~n place Jntil the reel that Attorney Cirullo informed the applicant that if this Board recommended d, nial, the conditional use approval would go to the City Commission and the Co ~mission has authority to hold another hearing and could act in accordance with thi~ Board's recommendation. Mr. F~osenstock said if the City Commission decides to recommend without rewewing a set of plans, that is their prerogative as elected However, this Board are advisors to the City Commission and it is the responsibility to do the right thing. After discussion between the applicant and Mr. Bessette, the applicant r. that the conditional use approval be tabled until the next Planr Development Board meeting. Mr. Rosenstock said he is not faulting the applicant or the architect, but ti negligent act on the part of staff and said that staff should be more co¢ their job and it was their mistake. ~pproval officials. Board's quested ng and was a nizant of Chairman Wische noted that the applicant has requested that their Condii approval be tabled and that a motion had been made and seconded. ~nal use MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28,, 1999 The motion to table carried 7-0. Vice Chair Du bb stated for the record that the next meeting would be Jar Jary 11, 2000. 7. Old Business A. COMPREHENSIVE PLAN - EAR- BASED AMENDMENT 1. Project Name: Comprehensive Plan _ Agent: City of Boynton Beach Description: Request to transmit the E aluation and Appraisal report (EAI ~,)-based amend ments to the Comprehensive Plan as 'equired to update the goals, objec ves and policies, and Future Land Jse Map in accordance with State law, the Evaluation and Appraisal Report, and City direction. Mr. P, osenstock said he was not present at the prior meeting and asked anyone on the Board has read the document? Chairman Wische noted :hat Mr. Finkelstein has read the document. Mr. Rosenstock said he is not pre )ared to vote for this even though the City Commission approved the documer without reading it. Motion Mr. Rosenstock moved that this item be rejected at the present time and · ~bled for further consideration. Mr. Rosenstock requested that he be furnished with a copy of the docurr .mt. Ms. Galav stated that all Board members were furnished with a copy of the d }cument, but will furnish Mr. Rosenstock with another copy. Chairman Wische inquired if there was a time limit? Mr. Jim La Rue of 1375 Jackson Street, Suite 206, Ft. Myers, Florida took the podium and stated that he, GaW Price and Mohsen Salehi are consultar s for the City and helped City staff prepare the document. Mr. La Rue said tha' the City Commission did vote to transmit the document because the Depal ment of Community Affairs (DCA) will. review the document and then sub Hit their comments. At that time, this Board would have some specific comments from DCA and this would give the members an opportunity to go over their nates. Mr. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 La Rue said that in dealing with DCA he has found that it is better to have specific comments to deal with. The Board would be able to address those specific items and would not be rushed. Mr. Rosenstock noted that the process involves the City Commission abproving [he documents, the documents are sent to DCA and DCA comes b~ck with comments. Mr. Rosenstock asked at that point is there a final vote by the City Commission or is there revision of the Plan and then a vote by the City.~ Mr. La Rue stated that when the revision comes back it comes back to this Board for comments and this Board would make recommendations to the City Comr~ission. Mr. Rosenstock asked what would happen if something was not included in the initial submittal that should have been included? Mr. La Rue stated if thi~ occurs. he, or the City, would receive a notice within 10 days that the packbt is not complete. For clarification, Mr. Rosenstock said he questoned if sometl~ing was left out of the document, could the document be amended? Mr. La Rde said it would be better to wait until DCA gives their report. Mr. Rosenstock questioned if everything the Board talked about over the past two years s n the document. Mr. Rosenstock said he is uncomfortabe approving something that he hasn't read. Mr. La Rue said he was present at the last meeting, but because it ran so late he did not speak on the item. Mr. Hay requested that the Board hold a workshop with al parties involved and Mr. La Rue said he would be agreeable to a workshop. There was a consensus on the Board [o hold a workshop. Chairman Wische asked when the vForkshop should be held? M r. La Rue said that the clock does not start ticking until receipt of the document by DCA and then DCA has 90 days to review and submit their report with recommendations and comments. It will then come back to~ the City an(] the City will have 60 days to respond. Vice Chair Dub6 felt holding a workshop would be moot because the ~ocument has been submitted and it would be too late to include anything that tBe Board may suggest. Mr. La Rue said the Commission approved the submittal, but the document itself has not been physically transmitted. Mr. La Rue stated thio reason the Commission did this is to allow the Board time to discuss changes while DCA reviews the document. Mr. Finkelstein was under the impression that the Commissioners voted to send the document to DCA because they felt during this time the Board could study the document and make changes, amendments and have question8 ready. Therefore. when the document did come back, all the Board's changes ~could be MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 incorporated and then a final craft would be submitted. Mr. La Rue agreed with this assessment of what actually transpired. Mr. Finkelstein felt that it would still be necessary to have a workshop. Mr. Rosenstock wanted assurances that if this Board came up with a, ny new concepts that the Board would like included in the plan, they couldI still be resubmitted with the Board's revisions. Mr. La Rue said that this is poss~ible and that the Board could submit brand new policies that had not been previously submitted. Vice Chair Dub6 suggested that it would be better to receive the resposse from DCA before having the workshop. Vice Chair Dub6 said that the workshbp could be set up during the 90 days while the document is being submitted. Motion Mr. Rosenstock moved that after considering the consultant's recomme~ndations that this Board table the review of the Comprehensive Plan - EAR~- Based Amendment (excluding School Siting & Intergovernmental Coordination) t,o a time certain to be set by the Chairperson pending a return of the comments From the Department of Community Affairs. Motion seconded by Vice Chair Dub8i Motion carried 7-0. Mr. La Rue said that in the meantime, if any Board member had any comments, please feel free to pass them onto staff. Mr. Rosenstock asked Mr. La Rue who actually reviewed the Comprehensive Plan 'n light of the needs of the City and was it his recommendations or tho~e of the City's Planning Department? Mr. La Rue said an evaluation and appraisal report was done a few years ago and staff looked at items that had transpirbd in the meantime including the Visions 20/20 Plan. These were all incorporated~ into the Plan. Members discussed some of the items that had been incorporated into the Plan. 8. Other None 9. Comments by members See above. 10. Adjournment MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 28, 1999 Motion Vice Chair Dub~ moved that the meeting adjourn. Motion seconde( by Mr. Friedland. The meeting propedy adjourned at 7:50 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (one tape) ~0