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Minutes 11-09-99 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FIJORIDA, ON TUESDAY, NOVEMBER 9, 1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman Pat Frazier Mike Friedland Woodrow Hay Steve Myott Maurice Rosenstock Larry Finkelstein, Voting Alternate Michael Rumpf, Director of Planning & Zoning Mike Cirullc Assistant City Attorney Hanna Matras, Economic Research ~.nalyst Nancy Byrne, Acting Director of Development Lusia Galav, Senior Planner ABSENT J. Stanley Dub6, Vice Chair 1. Pledge Of Alleqiance Chairman Wische called the meeting to order at 7:07 p.m. and led the Pledge of Allegiance to the Flag. 2. IntrodUction of the Board Members Chairman Wische congratulated Mr. Woodrow Hay on his appointment as ~ Regular Member to the Board and introduced the Board Members. Chairman Wi~che also introduced Assistant City Attorney Mike Cirullo, Mike Rumpf, Director of Planning and Zoning, Hanna Matras, Economic Research AnalySt, Nancy Byrne, Acting Director of Development and Lusia Galav, Senior Planner. Chairman Wische intr°duc~ad Mayor and Mrs: Jerry Broening who were also in the audience. 3. Agenda Approval Chairman Wische called for a motion to approve the agenda. Motion Mr. Hay moved to approve the agenda. Mr. Finkelstein seconded the motk unanimously carried. Motion MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 4. Approval of Minutes Chairman Wische called for a motion to approve the minutes of the October 26, 1999 meeting. Motion Mr. Rosenstock moved that the minutes of the October 26, 1999 meeting be a. pproved as submitted. Motion seconded by Mr. Friedland. Motion unanimously carried. Chairman Wische instructed Assistant City Attorney Cirullo to administer the oath to all persons who would be testifying before the Board. 5. Communications and Announcements A. P anninq and Zoninq Report 1. Final disposition of the October 26, 1999 Planhing and Development Board meeting agenda items. (a) Mr. Rumpf reported that at the November 2, 1999 Commission Meeting, the Commission approved, the First Baptist Church. Abandonment, also known as NW 3ra Court, and (b) The postponement of the Lowe's Application for 4onditional Use Approval was approved. / 6. Presentation by Mike Cirullo, Board Attorney reqardinq Sunshine Chairman Wische requested that this item be moved to the end of the a! called for a motion. Motion Mr. Finkelstein moved that Item 6 be moved to the end on the agend~ seconded by Mr. Myott, which unanimously carried. 7. Old Business None 8. New Business 2 ,aw enda and Motion MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 A. SUBDIVISION Master Plan Modification Project Name: Agent: Location: Description: Quantum Park Master Signage Program Joni Brinkman, AICP, Winston Lee Associates Quantum Park PID Request to amend the previously .approved PID master plan s gnage programI to allow needed flexibi ity in tenant signage[ Winston Lahey, representing the applicant took the podium. Chairman Wisehe noted there were six staff comments and asked if the agent wished to address any comment. The agent requested to address Items #3 and #4. Mr. Lahey stated with regard to #3 there is a question of the method~_logy for compliance, which is the landscaping required for the base of the signs The only question the applicant has is if this was the appropriate forum. Mr. Lahey said there are two solutions. One is that the applicant has their own regulations to deal with the property ~)wners in bringing the property into compliance and could file a lien against the property. The applicant could also go onto the property and make the improvements [and then assess the mprovements against the proper~y owner. · Secondly, the City has its own Code Compliance to enforce this. Mr. Lahey would not like to see a timeframe put on this and thinks the two ~emedies stated above would be effective. / Mr. Rumpf replied that with respect to the City's Code anything that currently e~ists now was most likely permitted and is a completed project. It is either conforming or non- conforming, in which case the code requirements would not apply unless tl~ere was some major modification to the site. Staff is requesting some type of expansien of this statement, or have it totally withdrawn. For clarification purposes, Mr. Lahey said that whatever the project had been for originallY, the project should be at least in that state. If it were not, it subject to Code compliance. 3 ~pproved ~ould be MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 Mr. Rumpf asked if the agent was trying to catch something that was anticil~ated, or is there something that has occurred at this point in time that exists? Mr. Rosenstock asked who goes out to the project when it is completed to determine that everything has been done in accordance with the plans as submitted? Mr. Rumpf said this takes place during the inspection process before a Certificate of Occupancy ~s issued. Mr. Lahey said that the original staff comment was that staff wanted a typical landscaping plan for every sign. However, the applicant would prefer that every time a plan comes before this B6ard, the landscape plan would be put together at t~at time so that the landscape plan Would be in the conte~t of What the planting theme ~uld be for that project. Secondly, those that are currently in place would be brought up [o code. Mr. Rosenstock asked what was wrong with the language as it is currently ~vritten and Mr. Rumpf said that it is not stated how this would be enforced. To clarify the item, Mr. Lahey said he would not like to have to define the methodology that Quantu~ would be using and would prefer that there be no time limits set. Quantum wouldl like some flexibility in keeping its own house clean. Mr. Rosenstock asked the agent if he had any proposed language that theyI would like to see utilized? Mr. Rosenstock agreed that the Cty needs to have a time certain and that the impetus should not be placed upon the City. Mr. Myott suggested 30 to 60 days and then formal code enforcement procedures would apply. Mr. Eugene Gurlika, 1267 Moonlight Cove, Port St. Lucie joined the podium and said he works for the developer and the Property Owner's Association (POA). He pointed out that in the declaration of restrictive covenants that applies to every prope~y owner in Quantum Park, there are a number of remedies that the POA has to enforce its design criteria including the landscaping codes. The applicant would like to have the ability o~ a case-by-case basis to be able to deal with each project. Some projects ~ay require more time. The applicant would prefer not to have a time frame, which codld prove to be cumbersome and possibly put someone in violation of the sign program. Mr. Rosenstock inquired who has the controlling vote on the POA? Mr. Gudika said that there is not one entity that has a controlling interest. Mr. Rosenstock thought this was unusual, because usually until build-out the developer contros the majority of votes. Mr. Rosenstock was bewildered why this was such a big ~ssue and sa~d a that staff was seeking is some kind of timeline. 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November g, 1999 Mr. Lahey stated that since it appears to be a great deal of concern regarding this, the applicant will work out some kind of time period with Mr. Rumpf. Mr Rumpf ~greed and said he was not that uncomfortable with the landscaping signage sitLiation and suggested adding the language of "in accordance with requirements and propedures of the POA". This would narrow it down to the system that already exists. Mr. Rosenstock would not agree to this and said POA documents can be altered at any time. This is quite common. Mr. Rumpf suggested that a [imeframe of six months be used and Mr. Lahey agreed to six months. Mr. Lahey requested to address Item #4 and said these are off-site signs. Th~ applicant does not want to have directional signs for a business and building which lists the street numbers and streets. This is too much information. The applicant wilt be using direct ona signs and directional arrows to direct people where they need Ito go. If numbers were required, it is felt that would be too much information on lhe off-site directions. Mr. Rosenstock said that this City has a code that requires that every propert~y owner is supposed to have numerical identification for the Fire Department and this is hot being enforced. Mr. Finkelstein asked if the applicant was only objecting to the addresses on directional signs. , Mr. Myott inquired if the applicant was requesting that the comment be chan~ed so that it would represent what is on the site signage drawing and Mr. Lahey said thi~ is correct. Mr. Rumpf said that staff would be agreeable to eliminating the last thre~ words of comment #4 "including directional signage". Chairman Wische announced the public hearing and hearing none, he closel the public hearing. Motion Mr. Myott moved to approve the Master Site Signage Program for Qu; subject to staff comments, with the exception of comment #3 to be limite months for compliance and comment #4, the last three words "lncludir signage" would be deleted. Motion seconded by Mr. Finkelstein. Motion can ntum Park to six (6) directional 9d 7-0, MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 2. Project Name Agent Location: Description: MELEAR PUD Julian Bryan, Julian Bryan & Associates Southwest corner of Miner Road and Congress Avenue Request for master plan modification to increase the maximum allowed height from 25 feet to 30 feet for Phases 3A, 3B and 3C. Mr. Julian Bryan, 756 St. AIbans Drive, Boca Raton took the podium and stated the applicant agreed with the one staff comment. Chairman Wische asked if staff had any further comments. There were none~ Chairman Wische announced the public hearing. Hearing none, he closedl the public hearing. Motion Mr. Myott moved to approve the request for master plan modification to in!crease the maximum allowed height from 25 feet to 30 feet for Phases 3A, 3B and 39, including staff comments and provisions. Motion seconded by Mr. Hay. Motion carried7-0. B. SITE PLANS New Site Plan 1. Project Name: Agent: Owner: Location: Description: Quantum Park Lot 7 I Alan Strassler Architects, I~c. Quantum Limited partners, lLtd. Quantum Park, Lot 7 / Request fOr site plan approval to construct a 35 033 sq.aare foot industrial building on 2.6 aSres. Assistant City Attorney Cirullo administered the oath to the agent. Alan Strassler, 8895 North Military Trail, Palm Beach Gardens stated he is t~ for the project. Chairman Wische said there were 39 staff comments and agent tO only address the comments they do not agree with or which clarification on. Chairman Wische noted that Comment #6 should be stricken Comment #9 covers this. Mr. Rumpf noted this was a duplication. ,e amhitect asked the they need since 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 rvIr. Strassler said there was only one staff comment he wished to address, which is Comment #12 and requested the item be clarified. He was uncertain what the comment meant. Mr. Rumpf said that the comment really means the permit precess and staff understands the intent of this comment. This will not cause any delay to the project. Chairman Wische announced the public hearing. Hearing none, he closed the public headng. Mr. Myott asked what the height of the building was and was informed it was 24', but it m ght be h gner to the top of the parapet because the rooftop air conditioning requipment ne~,ds to be screened. With regard to comment #22, Mr. I~lyott inquired if tl~ere would be a separate signage package brought back to this Board? Mr. Rumpflstated not necessarily. It has been felt by this Board that all sig ns are to be reviev~ed by the Planr~ing and Development Board. The code is not written that way. It would be up to the Planning Department to determine if something came in later and ~hether it represented a major or m nor change Mr Rumpf would apply the criteria in~ Chapter 4 for site plan review. Mr. R.osenstock said if the Board passed this tonight, there could be a comrpent that it would not get final approval until the applicant comes back to this E~oard fo~' final sign approval. Mr. Strassler requested approval of the project without any signage on the building. Mr. Rosenstock would like it stated that if the applicant does wish to place a~ sign on or near the building, the applicant would come back to this Board for apprbval of the signage. Mr. Strassler said they would come back for approval of any sign package. Mr. Myott inquired if it was a single-tenant building and the agent stated it was. Ms. Frazier inquired who the occupant would be and Mr. Strassler stated t was Majest c Greeting Card Company, which is currently located in New York. Mr. Finkelstein stated the plan shows 77 parking spaces to be provided ~nd in staff comments it states 71 spaces, 15 of which are designated as grass future phase. Therefore, there are only 56 spaces for parking. Mr. Strassler said that all parking would be paved and said they exceed the minimum requirement and wil be I~u ding out all the parking spaces. Mr. Rumpf said that the color submitted matches the project color located adjacent to the applicant's project and is identical MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 Motion Mr. Hay moved to approve the request for site plan approval to construc~ a 35,033 square foot industrial building on 2.6 acres, subject to all staff comments. Motion seconded by Ms. Frazier. Mr. Friedland noted that the motion should contain wording that approval for ~11 signage must come back before this Board, Mr. Hay amended his motion to include tftis wording and Ms. Frazier seconded the amended motion. Chairman Wische asked the agent if he agreed to the amended motion and he replied he did. The motion carried 7-0. C. TIME EXTENSIONS 1. Project Name: Agent: Owner: Location: Description: Palm Walk ACLF Lewis E. Feldman, Palm Walk Associates, LLC Palm Walk Associates, LLC Southwest 19th Street Request for a six mor/ths time extension for conditional use approval and co~ncurrency cerfifcation (September 28, 1999 to March 2, 2000) to construcf~ a 48-bed adult living facility to be ~(nown as Palm Walk Alzheimer's Faci[litv. Mr Rumpf d str buted a copy of a letter, wh ch he rece ved from the app can'~ (a copy of which is attached to and made a part of the minutes). Mr. W~sche read the letter, which in effect was requesting a six-(6) month extension period. Chairman Wische asked if this was the first extension and Mr. Rumpf stated It was their secOnd extension for this particular group. Mr. Rosenstock said there ~qave been multiple extensions granted for other groups. Mr. Rosenstock asked Mr. Ru~npf if there were mitigating circumstances that required the applicant to request an exteniion. Mr. Rumpf said that the letter he handed out was not the letter he intended t4) hand out. He intended to distribute a letter he received two days ago, The letter re~ceived two daYs ag© requested postponement for this request for extension. The ~pplicant is MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 requesting postponement to the first meeting in December, based on their inaJbility to be here. Mr. Myott inquired if the timing of the site plan would expire within that time. Mr. Rum pf said it would not. Chairman Wische suggested passing the request onto the Commission for them to decide. Mr. RosenStock suggested giving the applicant the requested six-month extension. Motion Mr. Friedl~nd moved to approve the request for a six months time extension for Palm th I Walk ACLF, Southwest 19 Street, for conditional use approval and cencurrency certfcaton (September 28, 1999 to March 2, 2000) to construct a 48-bed adult [~wng facility to be known as Palm Walk Alzheimer's Facility. Motion seconded by Mr. Finkelstein. Mr. Myott noted that there were staff comments. Mr. Fdedland amended hi~ motion to includ~ "sbbject to all staff comments". Mr. Finkelstein seconded the amend'~d motion. Motion carried 7-0. 6. presentation by Mike Cirullo, Board Attorney regarding Sunshinel Law Assistant City Attorney Cirullo stated he was present tonight to give the Board a refresher Course in the Sunshine Law and especially for the new members, He said that he would be pointing out the salient points of the law and if anyone has any specific questions, he would be happy to address them. Assistant City Attorney Cirullo also informed the Board that his office is always open to questions and to feel free to call at anytime if anyone has any concerns. Chairman Wische stated that he was contacted by the newspapers that inquired why this Boarc~ was being updated on the Sunshine Law. Attorney Cirullo §tated that Chairma~Wische was probably contacted because it was an agenda item.I Attorney Cirullo hasJ been going to many of the City Boards to give the update and this Board has not been singled out and this is something the City Attorney's Office likes to do on a regular basis. Mr. Rosenlstock pointed out that the Supervisor of Elections offers a brochure on the Sunshine Law that has been furnished to every Board member. 9 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 The "Sunshine Law" is called the Sunshine Law because of the light ir~ the open government, Them is also a gray area, however, that does not apply to them, which in effect means it comes back into the Sunshine. With open government everything needs to be on the record and the public needs to know why things are done and why decisions are made. Members of the Board should avoid speaking about any issues that nay come before the Board outside of this Board. E~oard members are allowed to speak with Mike Rumpf one on one if a ~y member has any questions. Ms. FraZier asked if the Board could discuss an item once it has been approved? Attorney Cirullo said that after the Commission approves an item, he d ~ not think [hat would be a problem. However, members should keep in mind th~ things do come back to the Board for modification. Therefore, it would be better if the Broad refrained from discussing any ~ssues. If the S,u~nshine Law is violated, action by this Board could be voided and ~the Statute provides that th s is a second-degree misdemeanor. However, in order t~ involve a ~;rimina!~investigafi~n, the violatio~ would have to be extreme. Also, thislcould lead to litigation against the City. Everything this,BQard sees and does is public record and is open for insp~ection. Board me~ers should also keep in mind that they are private citizen~ and wear two hats. Every Board member has to vote on all matters that come before the Bo~rd. There is one, exception' that the Statute provides for and Attorney Cirulle read the exception to members. Mr. Myott inqu red if he were doing work for Quantum Park, but was not we signage item that was on the agenda tonight, would he have to disqualify h something he was not working on? Attorney Cirullo said [hat if Mr. Myott v¢ the signage ~ssue for Quantum Park and the people he was working fc because he voted no. would this influence his vote? Attorney Cirullo sale types of issues need to be looked at very carefully and suggested that wher this do come up, the Board member should contact the City Attorney assistance. If there is a conflict, it needs to be disclosed in the open. Within 15 day,' member with the conflict must file a form stating what the conflict was. Mr. Friedland inquired if a Board member is allowed to abstain from voting? · ting on the mself from :ed "no" on · fired him that these issues like office for the Board Attorney Cirullo said that all Board members have an obligation to cas,t their vote. Many Boar~ members have asked if they should vote on the minutes, if !hey did not 10 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA November 9, 1999 attend the last meeting. This is business before the Board and Chis is not I , associated with any financial gain or loss. Therefore, you must vote an~t ~f you do not feel comfortable about voting, you can vote "no". Chairman Wische thanked Attorney Cirullo for his informative presentation. Mr. Rumpf informed the Board that the next meeting would be quite lengthy and there are between 11 and 12 items on the agenda. 9. Other None 10. Comments by Members Mr. Rosenstock asked for an update on the WaI-A-Mart project. Mr. Rumpf st; reviewing the site plan and they have received permit plans and are ready t, is holding the permits, pending signed off of the rectified plan. Mr. Hay requested that the updates of the code that are furnished to Boan should have the changes highlighted so that the entire page doesn't have to determine what the change is. Attorney Cirullo suggested that when the o adopted that makes the changes, a copy of the actual ordinance could be fur the new pages. It would then be easy to determine the actual change. Mr. he wou Id follow this procedure. ted staff is go. Staff members be read to dinance is ished with ~,umpf said 11. Adjournment Motion Mr. Hay moved that the meeting adjourn. Motion seconded by Mr. Finkelst, meeting properly adjourned at 8:05 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (one tape) 11 in and the Palm Walk. Associates, LLC 6800 Jericho Turnpike - Suke 202E Syosset: New York 11791 Tei: (5 [6) 682-5840 Fax: (516) 682-$333 October 8, 1999 Mr. Jose Alfaro Planning S Zoning Board City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Re: Palm WatkAIzheime~s Facility, Boynten Beach, Florida Application for Extension Dear Mr. Alfaro: The following is the additional information your requested in your OctoOer 7J 1999 letter. We are requesting a six month extension period. The management company retained for this project is: CRSA Holdings, Inc. 6075 Poplar Avenue - Suite 600 Memphis, TN 38119 Our funding institutions are: Mellon United National Bank 1399 SW 1a Avenue Miamf, Fla. 33130, S~in Trust Bank Fort Lauderdale N.A, 2626 E. Oakland Park Bird Fort Lauderdale, Fla. 33306 and Ocean Bank 780 NW 42"~ Avenue - Suite 301 Miami, Fla. 33126 I hope this will be sufficient information for the planning board meeting. Very truly yours, Lewis E. Feldman