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Minutes 09-28-99MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 28, 1999 AT 7:00 P.M. ~ PRESENT Lee Wische, Chairman Mike Friedland James Reed Maurice Rosenstock (arrived at 7:15) Woodrow Hay, Voting Alternate Larry Finkelstein, Voting Alternate Michael Rumpf. Director of Planning Nicholas Igwe, Assistant City Attorn( ABSENT J. Stanley Dubb, Vice Chair Pat Frazier Steve Myott 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:04 p.m. and led the Allegiance to the Flag. 2. INTRODUCTION OF THE BOARD MEMBERS Chairman Wische introduced the Board Members, Assistant City Attorn6 Igwe, Mike Rumpf, Director of Planning and Zoning, and Mayor and Broening. 3. AGENDA APPROVAL Chairman Wische called for a motion to approve the agenda. Motion Mr. Reed moved to approve the agenda. Mr. Hay seconded the mot unanimously carried. 4. APPROVAL OF MINUTES Chairman Wische called for a motion to approve the minutes of the Au meeting. Zoning ~ledge of Nicholas /Irs. Jerry .n. Motion ist 24, 1999 MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 2~ Motion Mr. Friedland moved that the m~utes of the August 24, 1999 meeting bE Motion seconded by Mr. Hay. Motion unanimously carried. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report Mr: Rumpf said there were two Commission meetings to report the September 14th meeting being cancelled. 1999 approved. )n, due to 1. Final disposition of the August 10, 1999 and Augus 24, 1999 Planning and Development Board meeting agenda it~ ns. Mr. Rumpf reported the following took place at the September 1999 City Commission Meeting: (a) Gevas North American Headquarters site )lan was approved; (b) The Quantum Site Plan Project for the ;embly of automated packaging machinery was approved; (c) Quantum Park PID list of permitted uses was )roved to add the Boynton Masonic Meeting Lodge and offiSe facility; (d) The Day Care Text Amendment~Ordinance was a~proved on second reading; (e) The height amendment was approved on second (d) The abandonment on SW 8th Street was a second reading; and (f) The American Legion Rezoning was appmw reading. Mr. Rumpf reported the following took place at the Septemb, City Commission Meeting: (a) The American Legion Rezoning was approved reading; and (b) The abandonment of the alley located at SW east of SW 8th Street was approved. 2 eading; )roved on id on first ;r 21, 1999 ion second ;rd Avenue, MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA None 7. OLD BUSINESS NEW BUSINESS A. PUBLIC HEARING Abandonment 1. Project: Agent: Owner: Location: Description: September 21~ 1999 ECKERD DRUGSTORE ~ Donna West-Camahan, Proctor Cross, Inc, I Boynton/Federal Development, Inc~. Northwest corner of Federal Highway and BoYnton Beach Boulevard .I Request to abandon a 20-foot wide. segment of NE 4th Street between BoYnt~n Beach BoUlevard and NE 3rd AvenUe Chairman Wische instructed Assistant City Attorney igwe to administer the oath to all persons who would be testifying this evening. Ms. Bonnie Miskel, Attorney, of 222 Lakeview Avenue, West Palm BeacI took the podium and stated she was present on behalf of the petitioner. Chairman Wische informed the agent that there were six staff comments an~ asked her to only address those comments which they did not agree with or needed ~larification. Ms. Miskel agreed with all staff comments. Chairman Wische announced the Public Hearing and hearing none, he closed the Public Hearing. Chairman Wische asked if any member of the Board had any comments. There were none. MOtion Mr. Reed moved to approve the request to abandon a ~d0-foot wide se, g. m6, Street between Bcynton Beach Boulevard and NE 3 Avenue, suelect comments. M°tionI seconded by Mr. Friedland. Motion carried 5-0. 3 it of NE 4th to all staff MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA Conditional Use September 28~ 1999 2. Project: Agent: Owner: Location: Description: ECKERD DRUG STORE DOnna WeSt - Carnahan, Proctor ~& Cross, Inc. Boynton/Federal Development, Inc NOrthweSt corner of Federal Hi~]hway & BoYnt°n BeaCh Boulevard Request conditional uSe apprOVa, I for the constrUCtion of an 11,938 square foot retail bUilding With drive'up Window on 1.51 acres. Chairman W sche informed the Board that they would be unable to address l. his issue. The property location is within the periphery of the central business district an~. will have to go b~fore the CRA Board Therefore, tl~e petit on will appear before the ORA Board at their n~xt meeting. ' Zoning Code Variance Project: Agent: Owner: Location: Description: Kevin Ballard Kevin Ballard Angle Ballard Northwest 4th Avenue, approxin feet west of Seacrest Boulevard Request for relief from C~ Development Regulations, Zoning, Section 5.D.2.a, to allow foot reduction from the miniml rear setback. ately 200 ~e Land apter 2, ten (10) 25 foot Mr. Kevin Ballard took the podium. Chairman Wische noted there were no staff comments and asked the agent if he had any. He did not. Staff had no further cc rnments. Chairman Wische announced the Public Hearing and hearing none, he closed the Public Hearing. Motion Mr Friedland moved to approve the r~quest for relief from the Land E ~,velopment Regulations, Chapter 2, Zoning, Section 5.D.2.a, to allow a ten (10) foot re~ uction from 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28i 1999 the minimum 25 foot rear set back on Northwest 4~h Avenue, approximately 200 feet west of Seacrest Boulevard. Motion seconded by Mr. Finkelstein. Motion carried 5.0. = Project: Agent: Owner: Location: Description: Kevin Ballard Kevin Ballard Angle Ballard NorthweSt 4th Avenue, approxim feet west of Seacrest Boulevard Request for relief from ti Development Regulations, Ch Zoning, Section 11.1 .C.1 .b, to allo~ a single-family residential home ( square foot 10~ which is 656 squar, than the required minimum of 5,0(~ ~tely 200 Land apter 2, building ~ a 4,344 feet less feet. Mr. Ballard remained at the podium. There were no further comments from staff, h! set back Mr. Hay asked about the other homes in the area, and if they meet t requirement. Mr. Rumpf replied that several homes in the area were Constructed on the same platted lots. Chairman Wische announced the Public Hearing. A female resident took th podium to sPeak On the petition but there was a language problem. Mr. Rumpf persor~ally spoke with her to determine why she was PreSent tOnight. Mr. Rumpf was~under the impreSsion that she might be an abutter of the property. (Mr. Rosenstock arriVed at 7:15 p.m.) Motion Mr. Hay moved that the request for relief from the Land Development I ChaPter 2, Zoning, Section 11.1.C.l.b., to allow building a single-famil' home on a 4,344 square foot lot which is 656 square feet less than minimum of 5,000 feet be granted. Motion seconded by Mr. Finkelstein. egulations, residential e required Mr. Reed noted that although the motion is to approve the request, this B~)ard was in actuality voting on the request that it meets the six criteria that have to be +et in order to aliow a variance. Mr. Reed felt it was important to state that those six qriteria have been met. 5 ' MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28 Motion carried 6-0. 5. Project: Agent: Owner: Location: Description: Gwendolyn Hanson Mark Hearn USA Exteriors Gwendolyn Hanson 206 SW 5th Avenue Request for relief from t~ Development Regulations, Ch Zoning, Section 5.D.2.a, to allow reduction from the minimum 25 set back. 1999 ~ Land ipter 2, ~ 12-foot FOot rear Assistant Attorney Igwe administered the oath to Ms. Gwendolyn Hanson, 2~)6 SW 5th Avenue, Boynton Beach and Mr. Mark Hearn. Chairman Wische informed the applicant that staff had denied the request ,,~ith certain reservations and the agent stated they were aware of this. Chairman Wische asked Mr. Rumpf to respond to the "certain reservation{s" by staff comment. Mr Rumpf stated that staff typ ca y reviews requests for variances based upon hardship and staff felt the request was based upon the applicant cleating the hardship herself by the expansion. The Code does not allow staff to be too sympathetic towards "growing pains" in a home. Mr. Rumpf said that requests for variances, however, have not always been granted upon traditional hardship. Chairman Wische announced the Public Hearing. Hearing none, he closed the Public Hearing. Mr. Finkelstein noted in the comments that it states homeowner needs assistance and asked for further explanation on the comment. Mr. Hearn responded that thC petitioner lives a one and people come to stay with her in order to care for her and t~ere is not enough room. The applicant stated that a nurse's aide comes to her hom~e regularly and would like to be able to stay with her, but there is no room. Mr. Hearn s~ated that it would be a 12-foot expansion on a 25-foot set back and the applicant has lived in the neighborhood her entire life. Mr. Rosenstock inquired who lives behind the property and was informe~ it was a church. Mr. Hearn said that all the neighbors have been contacted a~d no one objected. Mr. Rumpf stated he was in receipt of letters of support from threelindividuals (one on each side and across the street from the petitioner). 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28; 1999 Mr. Friedland inquired if the church responded and the agent said the churc~h did not res nd They tried to contact the church, but were not successful. ChairmaJn Wische was of the opinion that if the church had any object,on, they would have responded. Mr. Rosenstock said he would be willing to approve the request, but woul¢ like the motion to contain a caveat that it is being approved pending approval by t,h~e church. Mr. Rosenstock pointed out that the Board was not aware of ~,hat plans the c~urch may have and did n~ think that because the church did not respond it could be i~terpreted as approval. Ms. Hanson said she would really appreciate it if the Board would grant her the.' variance as she is a heart patient and her husband was killed in 1997 and she is alone. She said she cannot be alone and experiences shortness of breath. Chairman Wische asked Mr. Rumpf if the church received written notice and ~e replied that they did. Mr. Rumpf said he did not receive any objections from the chu'ch or any property owners. Mr. Rosenstock requested [hat staff at least telephone the, church to determine their consent. Motion Mr. Rosenstock moved that the request of Gwendolyn Hanson of 206 SW 5th Avenue for relief from the Land Development Regulations, Chapter 2, Zoning, Section 5.D.2.a, to a ow a 12 foot reduction from the m n mum 25 foot rear set back be[approved, pending approval by the church within 30 days. Motion seconded by Mr. Frie(~land. Chairman Wische announced the Public Hearing. Hearing none, closed ~he Public Hearing. Mr. Hay asked if staff had ever dealt with this church in the past in terms of to notices in a timely fashion? Mr. Rumpf could not recall that ever happ~ Rumpf said it is a large church and should have an organized staff. Mr: Hay the name of the church was and was informed it was the First Presbyterian Motion carried 6-0. Project: Agent: Owner: Location: Description: Hampshire Gardens, Inc. Pat Downey Project Chairperson Hampshire Gardens, Inc. 2400-2500 S. Federal Highway Request for relief from Development Regulations, .~sponding ming. Mr. [sked what ~urch. the Land Ct{apter 2, 7 MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28, 1999 Zoning, Section 4.J.1, to allow a one and one-half (11/2) foot increase in the maximum 4 foot height of a fence, hedge, or wall placed within the building setback,i to allow a 51/2 foot fence. Mr. Bill Hartman, owner of Bulldog Fence and Tennis Company, took the poC, ium and stated he was asked to represent Hampshire Gardens, Inc. Mr. Hartman saiil that the City erroneously approved the 5 W columns that currently exist on the property. The petitioner would like a 5' fence to go 6" below the columns and the Ci,ty ver~bally told them that it would be o.k., but then the petitioner was informed that only 4 wasl allowed. Mr. Rumpf said staff determined that what the petitioner was requesting devi~ated from the Code, but this was not determined until :after the posts had been put in at~5 ½'. Mr. Rumpf stated that he learned that it is practice to allow the posts to deviat~ from the maximum required and that is why the petitioner was approved and ,l~ermitted. However, when the petitioner came in to apply for the ~ence itself, that is wden it was determined that the fence deviates from the Code. Mr. Rumpf would, like the application to be modified to include both the post and fence at 5 ~'. Chairman Wische announced the Public Hearing. Hearing none, he closed the Public Hearing. Mr. Finkelstein inquired if the fence had already been erected without the p6~rmit. Mr. Rumpf said that the fence has not been erected The agent said that the current fence was placed temporarily to plug up the holes. Motion Mr. Rosenstock moved to approve the request for relief for Hampshire Garde~ns, nc. at 2400-2500 S. Federal Highway from the Land Development Regulations, Ohapter 2, Zoning, Section 4.J.1 to allow a one and one-half (1 ½) foot increase in the m~aximum 4 foot height of a fence, hedge or wall placed within the bud ng setback, to allow a 5 ½ foot fence that is now 5'. Mr. Rosenstock amended his motion to state "to allow a 5' fence and posts at 5 1/2% Mr. Hay seconded the motion, as amended. Mr. Rosenstock asked Mr. Rumpf if he expressed the intent of staff by changing the height of the fence from 5 ½' to 5'. Mr. Rumpf said he would like the fence tol be stated at 5 ½'. 8 MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28~ 1999 Chairman Wische noted there were 26 staff comments and asked the applicar~t to only address those comments which needed clarification or which they do not agree with. The agent stated they agreed with all staff comments. Chairman Wische said that during the use approval process, questions were a,'sked that pertained to site approval and requested that Board members limit their questions Lo anything new. Mr F nkelstein said there was a discrepancy in the figures for the square footage of the facility and that the figures in the Building Department Memorandum add uplo 94,216 squa~:e feet and asked about the remaining 2,000 square feet. The agent staJted that it is a clerical error and the total should be 94,216 and not as stated. Mr, Rosenstock asked about the colors and material for the building. An artist rendering was presented to the Board to rev ew. Mr. Rosenstock asked ~f this was the a~tual color of the facility. The agent stated that the types of material used are described ~n a set of drawings that had been furnished and asked the members to refer to that dra~ing. The agent said he would like to seek relief from having to furnish a sample of the material because this is a large project and the owners want to use competitiv~ bidding. Therefore it is uncertain as to the exact color because each manufacturer wou~ld have a different hue and/or saturation of color. The agent stated that the final colors~ would be substantially similar, if not identical to the ones presented this evening, Mr. Rosenstock said he would be willing to approve the project, subject To further approval'of the materials. Mr. Rosenstock wants to see what the actual project would look like. Mr. Finkelstein said he did not have the color and material list in his packet. IChairman Wische informed the agent that normally the Board would require the submittal of some chips for review. Mr. Rosenstock inquired if some of the panels would be pre-finished and was informed they were. He questioned why the agent did not bring some of those pan~ls for the Board to review. Mr. Rosenstock felt that the colors could turn out to b~e a great deviation from what is presented tonight and he could not approve the project. Mr. Finkelstein asked Mr. Rumpf if comment #22 addressed this situatio~ and Mr. Rumpf replied that it did. Mr. Friedland asked if the applicant could come back two weeks from tonig materials for the Board to view without impeding their progress. The agent that they were closing on the property a week from Thursday. The closing is this Board's approval. 11 t with the esponded subject to MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28~ 1999 · he s ested that the Board could approve the project, subject to the Chairman W~sc gg . . ~ · acceptable colors. Chairman Wische announced the Public Hearing. Mr Ken Brown approached the podium and was administered the oath by Ass~istant City Attorney Igwe. Mrl Brown asked for clarification on the problem with the color and Chairman Wische e[xplained that normally the Board reviews the paint chips. Chairman Wische dosed the Public Hearing. Motion Mr. Finkelstein mo~ square foot ice ska staff COmments an( the drawing apprev Mr. Friedland aske said the time frame Motion carried 6-0. ,ed to approve the request for new site plan to construc Iing facility on 6.55 acres in Quantum Corporate Park, the receipt by staff of color chips equal to or as close as 9d tonight. Motion seconded by Mr. Hay. J if a time frame could be placed on the motion. Chairr~ is the next City CommiSsion meeting, Project: Agent: Applicant: Owner: Location: Description: a 94,216 )ject to all ~ossible to ~n Wische Boynton Masonic Lodge George G. Gentile George G. Gentile & Associates, ~c. Boynton Masonic Lodge Quantum Ltd. Partners LC Quantum Park PID - Lot 22 ~p Request new site plan ap roval to construct a 6,829 square foot offi~:e/meeting facility on 1.91 acres. Mr. George Gentie of George G. Gentile & Associates, Inc., 675 West Indiantown Road, Jupiter, FIo ida took the podium. Chairman Wische noted there were 14 staff comments and asked the ~gent if he wished to address any; The agent stated they agreed with all staff comments. 12 MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28! 1999 Chairman Wische announced the public hearing. Hearing none, he closed ihe Public Headng. There were no questions from the Board. Motion Mr. Rosenstock moved to approve the request for new site plan approv~al for the Boynton Beach Masonic Lodge, located at Quantum Park PID - Lot 22 to c~onstruct a 6,829 square foot office/meeting facility on 1 91 acres, subject to all staff comments. ~r. Friedland ;ectonde~ the m~tion. ' I Motion carried 6-0. None C. Other None COMMENTS BY MEMBERS ADJOURNMENT There being no further business, the meeting properly adjourned at 8:05 p.m Respectfully submitted, Barbara M. Madden Recording Secretary (one tape) MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 21~ 1999 Mr. Rosenstock requested to amend his motion a second time to remain as originally approved as a "5 1/2' fence". Mr. Hay seconded the amended motion. Motion carried 6-0. Mr. Rosens!ock indicated it m ght be time for the City to rewew the height iof fences within the City. Mr. Rosenstock felt that the fence height being allowed in certain areas is not accurate. He has seen 8' fences wth wire on top of the fence. There was a consensus among the members that this issue should be re-addressed. B. USE APPROVAL Project: The Frozen Ponds Agent: C.T. Tarnowski, P.E. Applicant/Owner: The Frozen Ponds of Boynton Beach, Inc. Location: Quantum Park PID Description: Request for use approval to add lee-Skating Rinks to the Quantum Park Planned Industrial Development list of permitted uses for lots designated with the "Commercial" use option. Assistant City Attorney lgwe administered the oath to the persons that took ~ne podium who were representing the applicant. Chairman Wische asked if there were any comments from staff and there were none. Chairman Wische announced the Public Hearing. Hearing none, he closed the Public Hearing. Mr, Rosenstock asked what the size of the rinks would be. The agent inforrrted him that the rinks were two full size rinks (regulation rinks). Mr. Rosenstock aske, d what the ant c pated parking spaces would be and was informed there would be 292 parking spaces. Mr. Rosenstock asked if the parking spaces meet code and Mr. [Rumpf said this was the first such use in Boynton Beach and he relied upon inform~ttion from a study on existing rinks in southeast Florida. Mr. Rosenstock asked the agent if they intended to hold I~ockey tournamen'~s at the site and the agent replied they did. The agent stated the games would n[ot be on a professional level, but would be on an organized little league level and amateur team levels. He stated the rinks are not intended for professional, NHL type hockey. 9 MEETING MINUTES PLANNING & DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA September 28i 1999 Mr. Rumpf stated staff collected a great deal of data on the current demand fo~ ice rinks. Mr. Rumpf stated that these types of rinks are booked solid. Mr. Rosenstock felt it was an advantage for Boynton Beach to have this type of activity available in a Florida community. Mr. Rosenstock wants to make sure that the parking situation i~ covered, as well as the landscaping. Mr; Friedland also questioned if less than 300 parking spaces would be adequate. Mr. Fdedland inquired f there was any other area that could be used for parking? The agent stated there s no area remain ng that could be used for parking and ~hey have modeled this facility after the Coral Springs facility, which s also a double r nk. A comparative analysis of the parking demands was done and that figure ca,ne to 275 spaces. This facility will actually have 292 spaces. / The agent explained that many participants wou d be dropped off and the a~pplicant is providing a I~rge drop-off area. ~vhich would have two lanes that could be I~tilized by cars and buses. Mr. Rumpf pointed out that there is not a great deal of stadium capacity. Also. the games are quick turnover games and are mostly local league games. Also. Mr. Rumpf suggested that the applicant could try to get some type of shared agreemeht with Tri- Rail if more parking were necessary at certain times. Motion Mr. Reed moved to approve the use to add Ice-Skating Rinks to the Quantum Park Planned Industrial Development list of permitted uses for lots designated with the "Commercial" use option. Motion seconded by Mr. Finkelstein. Motion carried 6-0. C. SITE PLAN New Sit_~e Plan Project: The Frozen Ponds Agent: C.T. Tarnowski, P.E. Applicant/Owner: The Frozen Ponds of Boynton BE Location: Description: Ich, Inc. QUantum Park Lot 91,NOrtheaS corner of High Ridge Road and Gateway ,ulevard Request new site plan al~proval to construct a 96,216 square foot ice skating facility on 6.55 acres. I