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Minutes 10-13-98 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEET HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, ON TUESDAY, OCTOBER 13, 1998 AT 7:00 P.M. PRESENT Lee Wiscne, Chairman James Reed, Vice Chairman J. Stanley Dubb Pat Frazier Steve Myott Maurice Rosenstock William Sherman Alternate, Voting Member Frances Cleary, Alternate Michael Rumpf, Acting Planning & Z~ Director Mike Cirullo, Acting Assistant City At- ABSENT Mike Friedland 1. PLEDGE OF ALLEGIANCF Chairman Wische called the meeting to order at 7:00 p.m. and led the Allegiance to the Flag. 2. INTRODUCTION OF COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced the Board Members, Mike Rumpf, Acting Planning and Zoning, the mere ~ers of the Board, and Acting Assistant City Att Cirullo. 3. AGENDA APPROVAl Vice Chairman Reed requested that Item 7. A. 5 (Conditional Use) for the S1 Episcopal ChurCh and School be moved up on the Agenda to be heard befon items pertaining to ABC Fine Wine and Spirits. Motion Vice Chairman Reed moved to approve the agenda, as amended. Mr. Myott the motion. Motion carried 7-0. G ,ORIDA, ning )rney ~ledge of )irector of ,rney Mike Joseph's the three seconded MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 14, '1998 Chairman Wische indicated that St. Joseph's Episcopal Church and School Use) be renumbered as item 7.A.2. 4. APPROVAL OF MINUTER Motion Vice Chairman Reed moved to approve the minutes of the September meeting. Motion seconded by Mr. Sherman. Motion carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENT,~ Mr. Rumpf handed out an Updated Listing of Development Orders for membe A. Final disposition of the September 22, 1998 Plan~ Development Board meeting agenda items. Mr. Rumpf updated members on the following Commission actions: 1. = Stor-All Site Plan limited access/multi access storage pr( approved. Fidelity Federal Bank at the corner of Woolbright and Con( approved. Auto Care Centers of America sign program was approved. Ameritech Abandonment, corner of S.W. 8th Street and S.W. was approved. Chairman Wische thanked Mr. Rumpf for his update. 6. OLD BUSINESS None NEW BUSINESS PUBLIC HEARING 2 Conditional 22, 1998 review. iing and ect was ess was Avenue MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER _Zoninq Code Variance 1. Project: Robert Bordelon Agent: Robert Bordelon Location: 261 $ S.W. 4th Street Description: Request for approval of a varianc~ City of Boynton Beach Land Del Regulations, Chapter 2-Zoning, 5.C.2.a - to aJlow a 5.0 foot reduc the required minimum side yard s 10. D feet for the purpose of constri addition to a single family structu R-1AA zoning district, witt Ridgewood Estates Subdivision. Chairman Wische requested that Acting Assistant City Attorney Cfrullo admi oath to all persons who would testify this evening. Robert Bordelon, 2616 S.W. 4th Street took the podium and stated he is the the proper~y and the applicant for the variance. Chairman Wische asked the al he read staff's comments and he replied affirmatively. Chairman Wische info Bordelon that staff denied his request for a variance. Mr. Bordelon stated i was a condition of approval, which would allow the granting of the variance if' only modification to the property and that there would be no further additions. Mr. Bordelon stated he spoke to his neighbor to the south who would be a~ most by the addition and the neighbor had no objections. If the addition wer6 accordance with recommendations of the BuiJding Department, it would not be to install an additional bathroom, which is an important part of the additi( Bordelon requested that the Board grant his request for a vanance. Chairman WJsche requested that Mr. Rumpf address this issue. Mr. Rumpf st project was reviewed using standard and traditional criteria for a hardship for a, and recognizes that there are some pl~s in the area that are older than this su[ which allow a 7 ½' side setback The Planmng Department constantly developments with narrow lots, narrow side setbacks and zero lot line condition.. it is taken into consideration that the current owner of the side property will ev change and a new owner may not be so amenable to the variance. Staff vanance request was inconsistent with the general area. 1998 from the :lopment Section :ion from ;tback of cting an 'e in the n the ister the )wner of plicant if 'ned Mr. at there is s the ;ted the done in )ossible ~. Mr, ted the adance ~ivision 'evlews · Also, ~ntually :elt the 3 MEETING MINUTES PLANN lNG AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1998 Chairman Wisch e introduced Mr. Rosenstock to the audience who took his eat on the podium. ] Chairman Wische stated this was a public hearing and asked if anyone in the audience had any comments, Mr. Karl Krug, 2512 SW 4th Street, Boynton Beach took the podium and wa _a_d.,m]nis!ered' the oath by Acting Assistant City At/omey Cirullo. Mr. Krug ,stated h~ ~usJaes Two houses from the petitioner and was in favor of granting the variance to the petitioner. Ms. Frazier inquired what the addition to the properzy would consist of, and wc family room or a bedroom. Mr. Bordelon stated it is intended to be a prim room, but will be used for a spare bedroom as well. The house is small for needs, but Mr. Bordelon likes living in his neighborhood and does not want 1 move. Mr. Bordelon informed members that emergency access to the homes be altered as a result of this addition. Aisc, the variance would not afl easements. Mr. Rumpf confirmed that the Fire Department did not oF reduction. dd it be a try family lis family ) have to vould not ect utility )ose the Mr. Dub~ asked for clarification on the location of the swimming pool. M.' inquired if the addition could be built on the rear of the house and was inform~ pool is extra long and there would not be enough room Mr. Rosenstock apologized for being late and asked Mr. Bordelon what wo~ distance from the point of the new addition to the property line. Mr. Bordelon woUld be five feet with the variance. Mr: Rosenstock inquired if any of the p( neighbors had any objections to the addition and Mr. Bordelon stated the neigh no object ons tothe addition. Mr. Rosenstock inquired if staff received any objE the variance request and was informed there were none. Motion Mr. Dubb moved that this Board recommend approval for the request of a varia~ the City Of Boynton Beach Land Development Regulations, Chapter 2- Zoning, 5.C.2.a - to allOw a 5.0 foot reduction from the required minimum side yard sel 10.0 feet for the purpose of constructing an addition to a single family structure 1AA zoning district; within the Ridgewood Estates Subdivision, subject to comments. Motion seconded by Ms: Frazier. Motion carried 5-2 (Messrs. Myott and Reed dissented) 4 Frazier that the J be the stated it :itioner's ~ors had .'tions to ce from Section back of ~the R- iII staff MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 13~, 1998 Conditional Use 2, Project: St Joseph's Episcopal Church an Sch ' Agent: ' ool Jerome F. Milord Location: 3300 S. Seacrest Boulevard DeScription:Request for ConditiOnal use approval to construct the addition of a 4,543 square foot YOuth and day ca~re in the nOrthweSt cOrner of the c~am~us~'' Jerry Milord, of Milord Development Corporation located at 3600 S. CongresI Avenue Boynton Beach, agent for the project, took the podium. Chairman Wische inf(~rmed the petitioner that there were several staff: comments and inquired if the apPlica bt had an opportunity to review the comments. Mr: Milord stated that they agree wit all staff comments. Chairman Wische inquired if Mr. Rumpf had any additional comments and ti none. Ms. Frazier questioned the year of 1979 as being the original church, fellOwshi school and stated that the church has been in existence for a ong time. M~ was informed that the date of the original church Was in fact 1954 and the scl was 1957. Chairman Wische stated this was a public hearing and inquired if anyon audience had any comments. There were none and Chairman Wische ch pub c hearing. Mr. ube commented upon the fine work that has been ach eyed at this prop D ' the enhancement of the landscap ng has made this area of Seacrest very pleaSi Motion Mr. Dub~ moved to approve the request for conditional use approval to cons1 addition of a 4,543 square foot youth and day care center in the northwest corn campus, Subject to all staff comments. Mr. Myott seconded the motion. Motion carried 7-0. For clarification purposes Mr. Milord stated that the addition would be used prim a youth center for children who attend the school as well as other childre 5 ,re were hall and i. Fraz~er iool date ~in the sed the ;rty and Ig. uct the r of the ~rily for in the MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA community. children. It will be used as a daycare during church Zoninq Code Variance 3. Project: Agent: Location: Description: OCTOBER 131, 1998 ABC Fine Wine and Spirits Chris Kerr Unruh, Smith and Associates, Inc. Northeast corner of Winchesl Boulevard and Boynton Beach BoL Request for approval of a variance for a reduction in the required rat (1) parking space per 20Osquare fe (1) parking space per 225 squ. which represents a reduction spaces to 40 spaces to be require( single retail store. services for th younger Park evard to allow of one ;t to one re feet, rom 45 for this Chairman Wische noted that this applicant has three items on the agenda. Ellen Smith. of Unruh, Smith and Associates, 105 S. Narcissus Avenue, W, st Palm Beach, Florida took the podium. Ms. Smith stated that the applicant agrees w h staff's comments. The first request of the three-part variance deals with a requ~ st for a variance m required parking spaces. Ms. Smth stated that the City Code ~ oes not identify package or liquor stores. The park ng code groups retail uses not c herwise listed with genera retail uses. Ms. Smith handed m~mbers a report prepar ~d by a project engineer, which demonstrates that the actual parking demand of packa[; stores within the State of Florida is much less than required by Chty Code. Based ( traffic patterns, it is anticipated that only 30 parking spaces would be needed. M: Smith briefed members of a typical customer's time at a package store and there wou d never be 40 people at one time in the store. The parking code ratio presents a hardshiP. Staff suggested that some square footage be taken off !he size of store, but M . Smith requested this not be a requirement, Ms Smith state ' ' . ~;. 40% lot covera e whi ' - · ,d that the ~f the building ere at ._ ,.g , ch is allowed, the building ~n fac[ could be 14,000 square~ eet if it COUld support me parking. The building size proposed has been reduced to 2 of lot coverage. Chairman Wiscne noted that staff recommends approval of the request for a variance to reduce the minimum parking ratio required of one space per 200 square feet to one 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD ~BOYNTON BEACH, FLORIDA OCTOBER 1998 space per 225 square feet. Chairman Wische asked Mr. Rumpf if he had an comments and Mr. Rumpf replied he did not. Chairman Wische stated this was a public hearing and inquired if any audience had any comments. There were none and Chairman Wische public hearing. Mr. Myott asked that the' Board and staff consider that retail projects shoc foundation landscaping in front of lhe stores. Because of the parking require to attain the size of the desired retail store, the applicant had to limit landsc~ Myott felt it would improve the entire area if landscaping was added to the store. Mr. Rosenstock inquired if this Board reduced [he parking spaces even more t requested this evening, would the applicant be agreeable to enhancing the Ms. Smith stated that they would be more than glad to improve the andsca Smith stated they could provide at least two more feet of andscaping if th requirement were further reduced. Further, Ms. Smith added she would be gl~ with staff to determine how landscaping can be increased especially a on~ Beach Boulevard. Ms. Smith stated that at least two feet would be readily ava maybe even four feet. Motion Mr. Rosenstock moved to approve the request for a variance to allow for a re~ the required ratio of one (1) parking space per 200 square feet to one (1) parki per 225 square feet, which represents a red uction from 45 spaces to 40 spa{ required for this single store unit, that the Applicant agrees to work with staff the staff take heed of this Board's request that a few more parking spaces eliminated if the landscaping is increased dramatically. Motion seconded oy Mr. Dub6. Mr. Myott requested that the motion be amended to include landscaping [s dramatically "along Boynton Beach Boulevard". Mr. Rosenstock am6 motion to include this wording and Mr. Dubb amended his second of the motion. Motion carried 7-0. Mr. Rosenstock also requested that the property be irrigated to which the ~ agreed. 7 additional ~e in the osed the d inClude ment and )lng. Mr. bnt of the ~an being tscaping. iing. Ms. ~ parking J to work Boynton able and [uction in ig space ~s to be and that ~ould be :reased Jed his )licant MEETING MINUTES PLANNING AN D DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA -- OCTOBER 1: 1998 Mr. Rumpf also reminded the Board that this project would be coming back )efore the Board for site plan approval. Chairman Wische requested that Ms. Smith remain at the podium for the 'emaining items on the agenda. _Parkinq Lot Variance 4. Project: ABC Fine Wine and Spirits Agent: Chris Kerr Unruh, Smith and Associates, Inc. Location: Northeast corner of Winchest ~r Park Boulevard and Boynton Beach Bou evard Description: Request for approval of a variance to allow a 34 foot reduction from the 'equired minimum driveway distance f~ 3m an intersection of 180 feet to 146 feet, lo allow access to the planned site for thi single retail store. 5. Project: ABC Fine Wine and Spirits Agent: Chris Kerr Unruh, Smith and Associates, Inc. Location: Northeast corner of Winchest~ Park Boulevard an d Boynton Beach Bouh .'yard Description: Request for approval of a variance ' 3 allow a 36.83 foot reduction from the ~ :quired minimum driveway distance fn m an intersection of 180 feet to 143.1' Feet to allow access to the planned site ~r this single retail store. Ms. Smith stated the applicant is requesting the variance, as the lot is too small o meet code requirements for the required distance from an intersection of 180 feet plus 20 feet for a driveway. The dimension of the Winchester Park side is 193 feet and in i der to meet City requirements, 200 feet would be necessary ,and that would place the d~iveway directly on property line. This could not be done, as 5 is needed to meet fire code. The same situation exsts on the Boynton Beach Boulevard side with only 191 :eet of frontage. Ms. Smith stated that they agree with staff ~n recommending denial request on Boynton Beach Boulevard. Staff has requested that the drive~ 8 of the ~ay be MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 13~, 1998 relocated as close to the property line to the east as possible. This would pr( distance to the intersection. Ms. Smith stated they would be happy to compl exception. This is an existing driveway and therefore pre-exists the Florida of Transportation Standards for driveways. Ms. Smith stated two concerns. If the driveway fs moved, it will no Ion existing. If the ddveway is moved to the east, the FDOT access manager requires 285 feet between the driveway and the adjoining property, which is sewer pump house to the east. If the ddveway were moved, it would de( distancebetween two driveways and could not comply with FDOT standards. closer, FDOT may not give the applicant a permit for the driveway. Therefore requests that staff's recommendation for the driveway on Winchester Park be as is and approve staff's Cecommendation for the driveway on Boynt( Boulevard cond toned upon the FDT allowing applicant to relocate the drivew~ Mr. Rumpf stated that this information was furnished to him subseque completion of staff's analysis. Given the possib e denial by FDOT this weul¢ hardship. Therefore, Mr. Rumpf concurs with Ms. Smith that if this Board apl: request that this be added as a condition thal it be approved upon FDOT deni Chairman Wische inquired if anyone ~n the audience wished to address Th ere being none, Chairman Wische closed the public headng. Motion Mr. Dub6 moved that this Board approve the request for a variance to allow. reduction from the required minimum driveway distance from an intersection oi to 146 feet, to allOw access to the planned site for this retail store, subject t¢ comments. Motion seconded by Mr. Rosenstock. Motion carried 7-0. .Motion vide more · with one epartment r be pre- ~ent rules [he City's 'ease the If moved applicant ~pproved Beach y. t to the create a oves the Board. 34 foot 180 feet all staff 9 Mr. Dub6 moved that this Board approve the request for a variance to allow a 3~ .83 foot reduction from the required minimum driveway distance from an intersection of 80 feet to 143.17 to allow access to the planned site for this single retail store, subj( ;t to all staff comments and conditioned upon FDOT denial, which would create a ~rdship. Motion seconded by Mr. Rosenstock. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 1." 1998 Ms. Smith asked for clarification of the vote to mean if FDOT denied the move the driveway, the driveway would stay on the plan as shown. Ms. advised this was correct. Motion carried 7-0. 8. OTHER None 9. COMMENTS BY MEMBERS Mr. Dub6 mentioned that the land was cleared behind the Amoco station to build the third building and that is all that has been done. Concrete driveways and concrete roadways are ~n place, but nothing has been done regarding the third bui ling. Mr. Rumpf stated he thought the requirement that the developer come back for site plan approval on the building had been removed from the master plan. Mr. Dui said he was under the impression that it was separate and asked who approved this. Ir. Dub~ stated that there is a permit for a third building. Mr. Rosenstock stated that at the last City Commission meeting he made a pre,sentafion regarding the s~gn. At that meeting, Mr. Rosenstock spoke with the owner of the properly who complained bitterly about changing the sign and the amount of me~ ney that he was spending on this project. Mr. Rosenstock asked the owner specifically ~ bout the third building that was not supposed to be separated, and the developer info ~qed Mr. Rosenstock that as fast as [he City would give him a permit, he would cc nmence construction Mr. Rosenstock stated that a C.O. should not be given until there is evidence of work being done on the proper~y. Mr. Rosenstock stated that ti' owner should be compelled to sign an affidavit that he intends to complete the projec , before ~ssuing a C.O. Mr. Rumpf did not think there was site plan approval for he final building. Chairman Wische requested that Mr. Rumpf make a full report to the Boar status of this project at the next meeting. Mr. Dubb noted that the Development Department in its memo of October incorrectly identified the names of the Alternates on this Board. Mr. Rumpf Stated that this project has a dilemma. The exterior space has be6 and that the different levels of the facade do not correlate to the tenant's space. 10 equest to nith was 1998 broken on the MEETING MIN UTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 13, 1998 Mr. Rosenstock asked Mr. Rumpf to obtain assurances from Mr, Kastar, Building Department that a C.O. is not granted until there is some type of cor to what this City's expects of this developer. This Board should be assur building will built in accordance with the original plans submitted. Mr. Du b6 also noted that there is a gas station being built at Boynton Beach and Knuth Road on the southwest corner. Mr. Rosenstock stated that a desist order should be issued until confirmation of the original approval is obb Rumpf stated that various personnel have signed off on this project. Mr. R stated this was the same scenado presented dudng the Oil Connection issue. Mr. Dub6 noted that the former City Attorney was going to rewrite the section to making changes in a site plan and that changes had to be referred be Board. Mr. Dub~ stated that site plans have bee~ changed as minors and1 feels that th e changes are majors. Mr, Rumpf stated:he would bring the cdter used to distinguish between minor and major changes to the next meeting. Also, Mr. Dub~ stated that the zoning map has no! been drought up to date }r a long time and requested that updated zoning maps be furnished to members. Mr. Rosenstock noted that there ~s a City Commission Ad-hoc Committee · )rmed to review the sign code. Mr. Rosenstock would like to be updated on the chan( ~=s in the sign code. Mr. Rosenstock stated that this Board is the City's Sign Appearanc; Board. Mr. Rosenstock stated that there used to be a policy in place that the Chairman of this Board had to sign off every set of plans at the meeting and questioned why t~h s is not being done now. This policy should be mplemented again to avoid questioni[~g which plans this Board had approved. Mr, Myott stated this is ~ommon practice in other cities. Also, Mr. Dub~ has mentioned on several occasions that after the comments have been made, this Board has no idea what the results were regarding the comments. Mr. Rosenstock stated that the plans should be brought back for a final signat[ signed off by the Chairman This would avoid all these problems. Mr, My( doing it in this matter, the Commission comments would also be noted and signed off on the final plan. Mr, Rumpf also stated that during the permittir changes are also made to plans and this has to be taken into consideration. Mr. Rosenstock requested that the following be entered into the record. Mr. Ro stated he resides at Hunters Run Golf and Racquet Club. Hunters Run desire( a new starter's shack, Mr. Rosenstock informed everyone what a starter's sh; It was proposed that the old starter's shack be torn down and replaced with a approximately 5' x 6'. When the plans that were submitted to the City were 11 and the pi ance as d that the 3oulevard ease and ined. Mr. ~senstock ~at refers ;k to this lis Board that are enstock to build ck was. building turned, re to be ~ stated ~-ould be g stage, MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 1 there were comments asking where are the handicap access spaces, wh( handicap bathrooms, where is the bathroom for the building, etc., etc. The viewed these plans, had no conception of what he was viewing. Mr. stated if that is the way the City's Building Department is operated, plans s coming back to this Board. Chairman Wische inquired if the plans were a which Mr. Rosenstock stated they were not. 10. ADOURNMENT There being no further business, Chairman Wische asked for a motion to meeting. Motion Mr. Dub~ moved that the meeting adjourn Motion seconded by Vice Chai and unanimously carried. Meeting properly adjourned at 8:02 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (one tape) 12 1998 are the .~rson who osenstock ;ould start ~roved to ourn the ~an Reed