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Minutes 08-10-99 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 10, 1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dubb, Vice Chair Mike Fdedland James Reed Woodrow Hay, Voting Alternate ABSENT Pat Frazier Steve Myott Maurice Rosenstock Mike Ciruilc, Assistant City Attorney Nancy Byrne, Acting Director of Dev~ Michael Rumpf, Director of Planning & Zoning Iopment 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:02 p.m. and led the Allegiance to the Flag. 2. INTRODUCTION OF THE BOARD MEMBERS Chairman Wische introduced the Board Members, Assistant City Attorney, M Mike Rumpf, Director of Planning and Zoning, Nancy Byrne, Acting Development and the Recording Secretary. 3. AGENDA APPROVAL Chairman Wische called for a motion to approve the Agenda. Motion Vice Chair Dub6 moved to approve the agenda. Mr. Friedland seconded Motion unanimously carried. 4. APPROVAL OF MINUTES Chairman Wische called for a motion to approve the minutes of the Ju meeting. =ledge of (e Cirullo, irector of he motion. 27, 1999 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1999 Motion Vice Chair Dub6 moved that the minutes of the July 27, 1999 meeting be~ approved. Motion seconded by Mr, Reed. Motion unanimously carried, 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report 1. Final disposition of the July 27, 1999 Ptan~ Development Board meeting agenda items. Mr. Rumpf reported the following took place at the August 3, Commission Meeting: (a) The Wal-kMart Supercenter appeal item for the bay door was approved, as well as th ~ site plan. (b) The Morris Building site plans were approved. (c) The two zoning code text amendments for the Day the height increase (single-family structures) were,', Mr. Rumpf concluded his report. Chairman Wische requested that all persons who would be testifying this eve to be sworn in. Assistant City Attorney Cirullo administered the oath to all t would be testifying. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING Rezoninq 1. Project: Agent: Owner: American Legion Rezoning David A. Silva American Legion of Boynton Beacl' 2 ng and 999 City )verhead ,?,are and oproved. ~ng need ~ose who Inc. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1999 Location: Description: 114 NW 6th Street Request to rezone a 0.17 acre parcel from the PU - Public Usage Zoning Dist~'ict to the R-2 Residential Duplex Zoning District The Agent approached the podium and was administered the oath by Assistant City Attorney Cirullo. ~ David A. Silva, 9762 Kamena Circle, Boynton Beach stated he was the Agent for the Applicant and was the Commander of the American Legion Post #164. Chairman Wische asked if staff had any comments. There were none. Chairman Wische asked if any Board member had any comments and there were none. Chairman Wische announced the Public Hearing and hearing none, closed hearing. Motion Mr. Reed moved to approve the request to rezone a 0.17 acre parcel frorr Public Usage Zoning District to the R-2 Residential Duplex Zoning Distrk seconded by Mr. Fdediand. Motion carried 5-0. :he public lhe PU- Motion Comprehensive Plan Text Amendment 2. Project: Applicant: Description: Comprehensive Plan to modify t Land Use Element and Intergov Coordination Element to incorpc mandated school sitinc intergovernmental coordinatio~ objectives and policies in accord: Florida law. EAR-Based Comprehensive Plan Amendments School Siting and Related Coordination The City of Boynton Beach Request for amendments to the City's we Future ~=rnmental rate state and goals, lnce with Mr. Rumpf was the Agent for the Applicant, who stated the report inclu agenda packet is self-explanatory. The amendments deal with two aspects Statutes, which involve school siting and school concurrency issues, as intergovernmental coordination element of the Comprehensive Plan. Mo 3 ed in the the State ~ell as the ie detailed MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 1~, 1999 requirements will be forthcoming and the requirements presented tonight alre interim requirements that are needed to be incorporated in the City's Comprehensive Plan. The City, s Comprehens ve P an is currently being updated with the EAR (l~valuation and A~)praisal Report) Recommendation. :l-he consultant separa;~&d these requirements. The remainder of the Comprehensive Plan Amendments s~hould be coming before the Board sometime in November or December. Chairman Wische announced the Public Hearing and hearing none, closed hearing. Motion Mr. Friedland moved that the City of Boynton Beach's request for amendm6 City's Comprehensive Plan to modify the Future Land Use Ben Intergovernmental Coordination Element to incorporate state mandated scl and intergovernmental coordination goals, objectives and policies in accord Florida law be approved Motion seconded by Mr. Hay. Motion carried 5-0. ne public its to the ent and ~ol siting ~nce with Chairman Wische announced that Mr. Bill DeBeck, the City's Project Mar present who would be presenting the Senior Center item. Chairman Wische toured the Senior Center and that the City should be very proud of its efforts. Zoninq Code Variance Project Name: The Center for Self Discovery Applicant/Owner: Anne Salter& Carrie Matthews Location: 112 SE 23rd Avenue Description: Request for relief from Chapter Article Ill, Section 5, requiring setback for a sign, to allow variance, or 3 foot side setback. Ms. Anne Salter took the podium and stated she was the owner of The Cent~ Discovery. Chairman Wische announced the Public Hearing and hearing none, closed hearing. Mr. Rumpf said that this request had been before the Board previously 1 setback variance. The request has been modified to a side setback' varia Rumpf presented to the members a copy of two letters of objection that wet6 by the City. Mr. Rumpf contacted one of the writers and determined the writ, understand the variance ad and did not understand that it was a side setbact~ 4 ~ger was ~tated he , Signs, 10 foot 7 foot r for Self public a front ce. Mr. received did not variance MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1999 and not for a front setback. Mr. Rumpf was unable to contact the writer of the second letter. Assistant City Attorney Cirullo requested that the applicant be furnished with~ copies of the letters. Mr. Rumpf read the letters into the record, which are attached a~d/made a part of these minutes. ~ Mr. Fdedland complimented the applicant for agreeing to staff's comment~/ from the previous hearing date. Motion Vice Chair Dub6 moved to approve the request for relief from Chapter 21, Sig~s, Article III, Section 5, requiring a 10 foot setback for a sign, to allow a 7 foot variance,lot 3 foot side setback for Anne Salter at 112 SE 23rd Avenue, The Center for Self Discevery. Motion seconded by Mr. Fdedland. Motion carried 5-0. J Project Name: Senior Center Applicant/Owner: City of Boynton Beach Location: 1012 South Federal Highway Description: Request for relief from Chapter Section 6(C)(3) requiring a 15 fo to allow a 15 foot setback vari; zero (01 setback for an entrance a Assistant City Attorney Cirullo administered the oath to the Applicant's Agent Mr. Bill DeBeck, Facilities Manager for the City of Boynton Beach, 222 NE Boynton Beach took the podium and said he was present to represent the variance request. Chairman Wische announced the Public Hearing and hearing none, close~ hearing. Staff had no further comments. Vice Chair Dub6 said that the awning was necessary because of the use of as a Senior Center. Mr. Rumpf pointed out the location of the awning on the 5 Zoning, setback ce, or a vning. ith Avenue, City on its the public he building ;Green. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1999 Motion Mr. Hay moved to approve the request for relief from Chapter 2, Zoning, Secti requiring a 15 foot setback to allow a 15 foot setback variance, or a ze~ setback for an entrance awning, subject to all staff comments (there were nor seconded by Vice Chair DubS. Motion carried 5-0. B. SUBDIVISION Project Name: Agent: Applicant: Location: Description: Nautica PUD Frank Panizi Jack Lynch, President of the Homeowners Association Nautica PUD, northwest corner of Road and the Lake Worth Draina¢ L-21 Canal Request to amend the previously master plan to decrease the buffer easement from 25 feet to 1 lots #17 through #64, lots #26( #297 and lots #298 through #306 Assistant City Attorney Cirullo administered the oath to the agent. ,n 6(C)(3) p (0) foot e)- Motion Nautica .awrence District 3proved )erimeter feet for through Chairman Wische noted there were three staff comments, as well ~ a staff recommendation. Mr. John Frankenfield of 8190 White Rock Circle asked 1 address No. 7, which states "a minimal reduction in the 25-foot buffer would not likel create a noticeable change in the transitional zone". The agent said they were ~Jnder the assumption when the adjacent lands were developed, th,e, re would be the sar'e buffers, thereby creating back to back buffer zones of actually 50. Th a applicant is a king for a 15' reduction down to 10'. The agent said that staff made the recommendati¢ of 25' to 20' and they would like a bigger decrease. Mr. P, umpf stated the application cited change in land use as a justificati for the decrease. Mr. Rumpf said as of today, there has been no change ~n land lase of the surrounding property and pointed out the surrounding areas on the map. Also, Mr. F~umpf said that the County set back has not changed and said he did lot find a consistency where all these lots were limited to just 5'. The agent stated that there are several homes in the community that do have a 5' deep backyard and they would like to give these people 10 more feet. Mr. F~ump: said staff has recommend ad 5' and another 5' may not have an mpact. There would ave to be a condition that this would not impact the vegetation or that additional landscaping may MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1999 be required. Mr, Rumpf said that they would request a limitation that 25' remla, in for the structure itself and that the vegetative buffer not be altered. Mr. Rumpf reminded the Board that this is not. in a separate tract and when staff processed thle PUD it recommended that the permanent buffer be placed in a separate tract. Mr, Friedland said he is disappointed in the request and noted that the City is moving toward larger homes with larger lots, and he .w, ould like to see it stay ar is. Mr Friedland said he would be opposed to the 10 change, but would agreelto the 5 request. Mr. Reed said he is in favor of maintaining as much green areas as possible and thinks this would cheapen the area by taking away the greenspace. Mr. Hay concurred with Messrs. Friedland and Reed. Vice Chair Dub~ inquired if these were individual lots and if so, could theylnot come back as individual hardship cases and a request for a variance could be made at that time. He would not like to give a blanket variance. Mr. Rumpf said this could Ibe done if the individual hardship variance was adhered to. Chairman Wische agreed with Vice Chair Dubb and said he does not like to give carte blanche approval. Motion Vice Chair Dubb moved to deny the request of Nautica PUD to amend the approved master plan to decrease the perimeter buffer easement from 25 fee' for lots #17 through #64, lots #266 through ¢Y297 and lots #298 through #30 seconded by Mr. Friedland. Motion for denial carried 5-0. 8. OTHER None 9. COMMENTS BY MEMBERS Chairman Wische asked Mr. Rumpf if an agenda has been prepared for thc joint City Commission and Board Workshop for August 24% Mr. Rumpf said that the a~lenda has been prepared and could be changed if there were additional items tha~ a Board member would like to include, Chairman Wische said he would conta(~t Messrs. Rosenstock and Myott to determine if they would like to add anything to the agenda. Assistant City Attorney Cirullo requested that Mr. Rumpf contact Mr. Rosenstock and Mr, Myott in order to make this determination, )reviously to 10 feet ~. Motion 7 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 10, 1999 10. ADJOURNMENT Motion Mr. Hay moved [o adjourn the meeting. Motion seconded by Mr. Reed. properly adjourned at 7:35 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (one tape) 8 T~ meeting 2404 $. Sea.est BNd Bo._.n~on Beach, FL 33435 73 ~ .8244 272-3600 Ansuya Kalra M,D. P.A. Obstetrics & Gynecology 122 John F. ~ Aria 968-~445 KUGUST 9TH 1999. TO CITY OF BoYNTON BEACH PLANNING AN~ ZONING DIVISION ~A~ 742 6259 Ref: Publi: Heacin~ tel Subje¢~ Proper~y: I12 i So~nl SAFETY OBJECTION TO' TH] Dear Zoning of~£cer; I have safety objection to this deviation. Plt variation. The "szsn' is located over khe hedge the side work. ~iew of the, oncominc ~raific, there can be a set This is a safety hazard and no deviations should Fur~he~ ii ~his is permitted all other businessei ask for deviation. I~ for amy reaaon you e~e considering deviation, selet~ evaluate the situakion. ~ours Sincerely, alr) ,nnedy Circle tis, FL 33462 968-466.0, ~rrow, 8/t0/199 "23 rd Avenue ~ ~each DEVIATION · ith one foot on sisn blocks the ;e permitted. in the area will let dspartmenu of CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION SUBJECT: PUBLIC HEARING ITEM ~ 2 P.O. BOX !1330 135 S.E. 24th AVE. BOYNTON ~ ~ACH, FL AUGUST 4, 999 THE PROPERTY AT 112 S.E. 23rd AVE IS LOCATED VERY C DSE TO THE EXTREMELY BUSY INTERSECTION OF SEACREST BLVD ND S.E. 23rd AVE. THE CURRENT HEDGE AND SIGN COME. TO T E THE REQUIRED SETBACK OF 10 FEET. REDUCING THE SETBACK TO ALLOW A 7 FOOT VARIANCE MOVE THE SI~ AND POSSIBLY THE HEDGE TO THAT LINE AT THERE BEING A SIDEWALK THAT WOULD CREAT QUITE AN OBS' COURSE. L 7 FT. %CLE SOUTH EAST 23rd AVENUE IS A VERY BUSY ROADWAY~ ~By GRANTING SUCH A VARIANCE YOU WOULD OPEN A PANDORA BOX. ALL O~HER BUSINESS ALONG THAT ROAD COULD THEN MAKE THE SAME REQUEST. I WOULD URGE THIS-BOARD TO REFUSE THIS REQUEST~ MOST SINCERELY,