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Minutes 08-25-98 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETI~-G HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 25, 1998 AT 7:00 P.M. PRESENT Lee Wische, Chairman James Reea Vice Chairman J. Stanley Dub6 Pat Frazier Mike Fdedland Steve Myott Maurice Rosenstock Frances Cleary, Alternate William Sherman, Alternate Michael Rumpf, Acting Planning & Z Director Peter Lichtman, Assistant City Atto~ 1. pLEDGE OF ALLEGIANCF Chairman Wische called the meeting to order at 7:04 p.m. and led the Allegiance to the Flag. 2. I_NTRODUCTION OF COMMISSIONERS AND BOARD MEMBER,'; Chairman Wische introduced Commissioner Titcomb, Commissioner De~ members of the Board, and Assistant City Attorney Peter Lichtman. Chaim introduced and welcomed the newest member of the Board, Frances Clear Iongtime Boynton Beach resident. Also introduced was Mike Rumpf, the Planning and Zoning Director. 3. AGENDA APPROVAl Mr. Dub~ moved to approve the agenda with the removal of Item 7.B.2 (Au Mr. Friedland seconded the motion. Motion carried 7-0. 4. APPROVAL OF MINUTER Mr. Rosenstock moved to approve the minutes of the August 11 1998 me Dub6 seconded the motion. Motion carried 7-0. ' 5. COMMUNICATIONS AND ANNOUNCEMENT~ A. Planning and Zoning Report (Mike Rumpf, Acting Planning and Zoning Director) 1. Mr. Rumpf stated that due to continued postponemE Commission removed the Riverwalk Plaza from the agend ~ning ley edge of ihan, the n Wische who is a /'s Acting o Zone). !lng. Mr. its, the for re- MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH FLORIpA advertisement. Chairman Wische inquired if notification was sent to the residents. Mr. Rumpf indicated they have not, but resid re-notified. AUGUST 25 1998_ It will come back to this Board in the future, urround ing ;nts will be Day Care Uses Accessory to Churches Code Reviev approved by the Commission. Lakeside Addition Alley Abandonment. which is the s( abandonment approved by this Board, was approv, Commission. item was ;ond alley ;d by the = None Dedicated Land Code Review was approved. OLD BUSINESS 7. NEW BUSINESS The first reading of the Communication Towers on R ,creational Chairman Wische informed the audience that this was a public hearing ar wishing to address the Board may do so. Attorney Lichtman requested Chairman Wische to instruct those persons pre would be testifying to be sworn in. Chairman L-4~,,a~-_Wische requested the Secretary to swear in all persons testifying this evening. A. PUBLIC HEARING Zoninq Code Variance Project: Agent: Location: Banyan Cove - parking requirement: Jan C. Hansen East side of U.S. One, approximatel, north of Seaview Circle Request for a variance to reduce the space requirement to 1.95 spa( dwelling unit from 2 spaces per ~ unit, an actual difference of 9 spa( spaces from 376 spaces). 2 Description: anyone ent who :ecording I i O0 feet parking ;s per welling ;s (367 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH FLOR_IDA AUGUST 25 1998 Chuck Yanetfi, 900 South U.S. Highway 1, Jupiter took the podium on l petitioner. Chairman Wische stated there were no staff comments and in¢ had any additional comments. Mr. Rumpf stated that the petitioner's parkin~ the result of a compromise between local interests concerning waterfront vi mangroves and how the nearest building could be relocated to gain mcr views. Further, Mr. Rumpf said that the (~ ty would look favorably upon acc of this request. Chairman Wische inquired if anyone in the audience wished to address the B~ Bob Harper, 28 Via Lago, Boynton Beach and President of his homeowners' took the podium and stated that the project will enhance the water views and the elimination of the nine parking spaces will be beneficial. Chairman Wische closed the public hearing. Mr. Dub6 noted that the applicant changed the parking spaces as an accom~ the abutters and the City. Motion Mr. Dub6 moved that the request for a variance to reduce the parking space to 1.95 spaces Per dWelling unit from 2 spaces per dwelling unit, an actual diffE (367 spaces from 376 spaces) be approved. Ms. Frazier seconded the motio carried 7-0; 2. Project: Agent: Location: Description: Fidelity Federal Lindsey Walter Kilday and Associates, Inc. 2505 Woolbright Road Request for variance to allow for reduction in the required dis1 driveway from streets from 180 re. feet. Chairman Wische stated this is an empty parcel where Palm Bank had been located on the northeast corner of WoOlbright Road and Congress Avenue were two staff comments. 3 ;half of the Jired if staff vadance is ws and the waterfront 'nmodation ~rd? ~ssociation ~grees that odation to ]uirement ence of 9 Motion 52-foot rice of to 128 -~viously there MEETING MINUTES PLANNING AN D DEVELOPMENT BOARD BOYNTON BEACH FLORIDA AUGUST ;~5 1998_ Kiernan Kilday took the podium and stated he represents Fidelity Fed6 Chairman Wische stated the two staff comments as follows: · approval of Lake Worth Drainage District due to close proximity driveway to the L-26 Canal bridge, and · approval from Palm Beach County for access onto county roadway. Chairman Wische inquired if the Applicant had received approval from agencies. Mr. Kilday stated that both agencies have agreed to the proj approval letter from Palm Beach County has been received. Mr. Kilday state Beach County would be permitting all the turnouts. Chairman Wische inquired if staff had any additional comments. Mr. Rumpf has looked at the benefits of this project and has no additional comments. Chairman Wische noted that the surrounding properties incorrectly designate Beach Leisureville" to the north It should be "Palm Beach Leisureville" agreed that this was an error. · Chairman Wische announced this was a public hearing. No one present speak. Motion Mr, Rosenstock moved that the Fdelity Federal Bank project to be W°°ibright ROad request for variance to allow for a 52-foot reduction in locate the re distance of driveways from streets from 180 feet to 128 feet be approve¢ seconded by Mr. DubS. Motion carried 7-0. B. SITE PLANS New Site Plan Project: Agent: Location: Description Stor-AII William Morris Kilday and Associates, Inc. North of Boynton Beach Boulevard, 95 on Industrial Way Request for site plan approval to ( an 84,830 square foot self-service facility on a 4.353 acre parcel of land. 4 al Savings. proposed these two !ct and an I that Palm ;tated staff "Boynton Vlr. Rumpf wished to at 2505 uirement Motion est of I. Instruct storage MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA AUGUST 25, 1998 Kiernan Kilday, representing the petitioner took the podium. Chairman Wische stated there were 19 staff comments and asked Mr. Kilday to address only the corhments with which the petitioner does not agree. Mr. Kilday stated the comments were r( viewed with staff toaay and requested to address the following staff comments: Comment No. 2 should ~)e changed as follows: 2. "Provide 4 foot concrete sidewalk along Industrial zenue and develop a swale with sod acceptable to the City EJ ineer. A waiver may be requested to construct the sidewalk." With regard to the waiver of the sidewalk, Mr. Kilday stated a variance app cation has been filed. Mr. Kilday stated there was no sidewalk on the read. Mr. Rosenstock inquired why the comment was listed if there was no sidew ~ at all. A gentleman in the audience stated there was a sidewalk on the road. The side~ alk begins at #518 and goes north to the end of the road. Mr. Rumpf stated this is standard engineering comment per code. Mike Brinkman, 518 Industrial Avenue, Boynton Beach took the podium. Mr Brinkman stated he was in favor of the project, but pointed out that Industrial Avenue is road. which is heavily traveled by tractor-trailers. Mr. Brinkman stated he had dead-end previously requested the City to do something to provide for a cut over to West Indu ,'trial. Mr. Brinkman feels the project will further impact the road and the City should address this ~ssue. Mr. Brinkman statec~ the only way a tractor-trailer can get out of Industri~al Avenue is to back up to the petitioner's pronert,, and ~ ,- j ,u,,, ,~uuuu. /here is no p~operty on Industrial Avenue where tractor-tra ers can turnaround. Mr. Brinkman state this was his only concern, and feels the project will be an addition to the neighborhood. Mr. Rosenstock inquired how the City is going to address this issue, since therejwill be no place for a tractor-trailer to back up and turnaround? Mr. Rumpf stated he will present the matter to the engineering department. Mr. Rosenstock requested that a ireport be made to this Board on the outcome of this request. Mr. Rosenstock stated this was not the problem of the petitioner, but is a City problem. Mr. Kilday stated with regard to Item 6, there would be no handicap ramps reqL~ired. All sidewalks will be flush to the asphalt and no ramps will be proposed. Mr. Kilday Jindicated the sidewalks will be painted with the appropriate handicap detailing. 5 MEETING MINUTES PLAN NING AND DEVELOPMENT BOARD BOYNTON BEACH FLORID_A AUGUST 25. 1998 With regard to Item 8, Mr. K day stated this was a problem Mr K day stated there is a serious drainage problem and the swale will be reconstructed to accommodate dra nage. Mr. Kilday pointed to the plans where the grass area will act as a depressed retenti~)n area for drainage. There wilt be a drainage easement through the p~oper[y under the bridge to the south. The plans do not have the fence going to the front of ' Mr. Kilday pointed to d fferent areas on the ,-~--,- · ....... · . _ . fi~e property. u,,=,,, ~u~ park ng, anascap ng nd fenc ng. Therefore, Mr. Kilday asked that Item 8 be deleted. Mr. Rumpf stated this item has been discussed and should be considered. /Mr. Rumpf did not think it should~ be deleted. Mr Rumpf stated that projects can go ferward with recommendations for the record and the eng neering reviewer will note at t is a recommendation. Mr, Rosenstock did not agree with Mr, Rumpf's conclusion of Item 8 an~ stated a developer has the right to know what must be done and not have items rem~ ning to be addressed later in the project. Mr. Rosenstock stated that Item 8 should be d~ leted. Mr. Rumpf concurred that the item could be deleted. Ms. Frazier did not agree with deleting Item 8. Mr. Fried and felt that Item 8 should be deleted. After discussion, Chairman Wische stated that Item 8 will be dele ed at the request of'the applicant. With regard to Item 10 it should be noted that it is a "Type IV" building, not "Type VI" building. With regard to Item 14, Mr. Kilday stated they have met with staff and will in~ ~rporate a landscape plan and provide for additional trees along the embankment of Boyn' )n Beach Boulevard utilizing some of the City's planting. Mr. Kilday stated that Item 16 is acceptable. A change has been made in th parking plans and the changes have been given to staff. "600 bays" has been change to "450 bays" and under "Multi-Access 1 space for 200 Bays" the actual number c bays is 250, not 210". Mr. Rumpf clarified this item for the Board in that the comment ' but the information was incorrect. ~l correct, With regard to Item 17, Mr. Kilday stated there would be no loading on the i~le of the building. The petitioner has agreed in lieu of leaving the loading zones, the doc marked clearly as fire exists. Mr. Kilday noted there is a railroad spur that runs ~'s will be property. Mr. Rosenst0ck asked how the petitioner would be landscaping this p, long the rt of the proper[y? Mr. Kilday stated a hedge will be planted along that side of the build~ which 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH FLOR[DA AUGUST 25, 1998 1-95.could reach 8' if agreed to. Mr. Kilday stated the buildings cannot be clearly ¢iewed from Mr. Rosenstock inquired where the air conditioning unit would be placed'., stated [he rear buildings are not air-conditioned and the a~r conditioning units building will be placed on the ground level. Ms. Frazier inquired about the additional traffic that will result from the p Rumpf stated the County has reviewed the traffic studies and has con( conform [o County standard. Also, Mr. Rumpf stated these types of uses ha or scattered type peak demands. Ms. Frazier stated that traffic tie-ups currer asked how wilt the 18-wheelers be addressed? Mr. Kilday stated self-storage facilities are Iow generators of traffic and will semi-trucks. Mr. Myott inqu red as to the type of roof Mr; ~K!day stated the roof is fiat wit[ around the bui ding, wh ch is approximately 2 8. Mr. Myott inquired what mat be used on the roof and Mr. Kilday did not know. Mr. Myott also inquired if the plan conforms to the landscape code, since there landscaping on the property? Mr. Kilday stated that there is little landscaping r( Chairman WJsche opened the public hearing. No one was present to Chairman Wische closed the public hearing. Motion Mr. Kilday or the front 3ject. Mr. uded they ,e off-peak exist and generate parapet ,rial would is so little uired. leak and Mr. Rosenstock moved [hat project known as Stor-All, Item 7.B.1 on the ag( ida, and located north of Boynton Beach Boulevard, west of 1-95 on Industrial Way, r( ;luest for site plan approval to construct an 84,830 square foot self-service storage fac lity on a 4.353 parcel of land be approved, subject to all staff comments and thi., Board's comments on items 2, 6, 10, 16 and deletion of 8 be approved. Mr. Dub6 seconded the motion Chairman Rumpf stated that item 14 has been revised to include a new second as follows: (Attorney Lichtman requested that Mr. Rumpf read this into the "Existing trees along Boynton Beach Boulevard right of way may c to the required number of trees equivalent to five (5) trees, leavinc entence rotion.) ttribute four (4) MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH FLORIDA _ canopy trees required to be placed adjacent to the parking area o side." AUGUST 25_ 1998 i the south Mr. Rosenstock moved to amend his motion to include Mr. Rumpf's commen~ Mr. Dub6 seconded the amendment to the motion. Mr. Myott said the back of the building's exterior should be add ressed sin visible from the roadway. Mr. Myott commented upon the fine detailing on the building, but there is nothing noted to provide detailing on the elevations that Also, Mr. Myott recommended that the detailing above the single stow build front elevations also be carried over to the back of the three stow building. Mr. Kilday stated the stucco scoring could be continued onto the back of the agreed to carry the detailing onto the back of the building. Mr. Rosenstock further amended his motion to include Mr. Myott's comments. further amended his second of the motion. Motion carried 7-0. Item 14. ~ it will be ~ront of the ~re visible. lgs on the ~ilding and Mr. Dub~ 8. OTHER Boynton Shoppes (f.k.a~ Auto Care Centers of America) update conditions of approval - phasing and service bay doors. Chairman Wische asked Mr. Rumpf for an update on the status of the Auto Car of America. Mr. Rumpf stated that there were no special conditions placed on the project n to be done in one unified manner. Mr. Rumpf stated when the applicant r( specific phasing, it is reviewed, construed and required to be developed in manner. Auto Care has requested staff to consider approving a phasing plan a the current status of project, Also, Mr. Rumpf stated Auto Care has submit ative to Centers quidng it uests a unified that is to the permit division plans for the retail building. The City previously has allowed pi )jects to oPen those Portions of a project for the purpose of generating revenue with the ondition that the C.O. is conditional upon the remaining requirements. Mr. Rumpf stated he was not in favor of granting a phasing plan at this time, as pans for the retail bUildi g have been submitted: Further, the automobile repa r P,Oortion has been complete~well in adVance of the retail building. Mr. Rumpf stated 30~ of the property has beeR leased and when a Certain threshold is obtained, ConstructiOn on the other building will begin. 8 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH FLOR[DA AUGUST 25 1998_ Mr. Dub~ stated that this Board approved the site plan and the C ion agreed with this Board. Further, Mr. Dub~ stated that when a site plan is changed is either a minor or major change. Major changes come back to this Board and that ali the buildings have been changed and moved. These changes never were brought back to this Board. Mr. Dub~ stated the applicants changed the location of the and that someone had to agree to the changes inthe buiidi~ and this is a major corner in the City and this project should be stopped. Mr. ~,rocedures Mr. Rosenstock expressed h s concerns regarding these particular building I~osenstock stated that no C.O. should be issued and questioned the purpose of this Bo~ i~ place that every developer must post a bond that their project will be built pr~ 'd if these types of proceedings are allowed to take place. Mr. Rosenstock stated a policy should be raptly and m accordance with the request brought before this Board and the City Commi, sion, If a developer will not agree to this Procedure, their project should be denied. Attorney Lichtman inquired if Mr. Rosenstock wanted his comments related spE :ifically to Boynton"?Sh°ppes or ~f this was something he wished to address under "cot ~nents by members . Mr. Rosenstock stated his comments appied to both. stated the entire Board agrees wth Mr. Rosenstock s assessment of Chairms 1 Wische the proje¢ and that the project does not resem bio the project that this Board approved. Mr. Dubb stated an arch was to be placed over the two buildings. Mr. Dub6 s ~ted that somewhere this requirement was removed, Mr. Dub~ did not recall this Board emoving the arch and this Board did not delete comment 84=55 Mr. Rosenstock noted that Mayor Taylor joined the meeting and updated the Ma or as to phasethe statuSthe oftheprojectBOyntOnand thatSh°ppes'the Mr. Rosenstock stated that the developer pl[nned to buildings were moved and not built in accordanceS'with the plans submitted to the City The developer never posted a bond and never intended~ to fulfill the project as presented Mr. Ro~enstock stated that a , should be issued, cease and desist order Mr. Dub~ stated the way the buildings are now being built it wou d be impossibl to add the arch, as the buildings have been separated. ' Mr. Rumpf stated that the project was not approved with a phasing plan. Th record shows the project is to be permitted and a C.O. issued in a unified manner. M~Rumpf 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH FLORIDA_ AUGUST 25 1998 review processes. Mr. Rumpf stated he is not a reviewer and because n everything reviewed was documented, he can on y assume that when the building was s°~itched, the bays were orient? . in a different direction away from the intersection ' nC(~strued to be a re,not' modification Mr. Dub6 ~tated the ,~.,ifin,~¢, ....... _a,~d..probably. -- F ........ / vYd;~ LrOl~] TRey couJo put the doors on the building as presented and that the doors had to be ct Dub~ stated the petitioner agreed that the tire shop doors would be kept cl time except to let vehicles in and out. Mr. Rosens[ock stated he had no intention of passing the blame for this pr Rumpf, and noted that Mr. Rumpf is the only one present this evening to ~ssues back to staff. Chairman Wische restated that it was clearly explained that the Code states garage doors could face any private or public street and the petitioner agreed 1 Mr. Rosenstock noted the following had transpired: ~nged. Mr. sed apl the ,ject to Mr. ~ring these lo bays or this. The developer phased the project without authorization; The buildings are not where the developer stated they wo d be; The developer :defrauded the C ty in the way the bu dings would be constructed; and I A change in the plans was made without com ng back to this Board 4. for approval. Mr. Myott agreed that this Board worked very hard on this project and state,/ that this Board never received any revised site plans. Mr. Rumpf stated that per, aps staff construed the redesign in response to comments generated and can only guess there is no documentation. Mr. Myott suggested that automotive use OR Congress Avenue should not be Mr. Friedland asked for the Board's concurrence of Mr. Rosenstock's assessm project and everyone agreed. Mr. Reed stated that no certificate of occupancy issued. ~t this, as ermitted. .nt of the hould be owed on 'e are at Mr. ROsenstock stated that no more automotive use or gas stations ShOuld be a; Congress Avenue Within the City of Boynton BeaCh. Mr. Rosenstock stated the least 25 gasoline stations within the City of BOynton Beach. Mr. Dub6 thanked Mr. Rumpf for bringing this information to this BOard as requesl 10 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA 9. COMMENTS BY MEMBER~ (See #8, above) 10. ADJOURNMENT Mr. Rosenstock moved that the meeting adjourn. the meeting propeny adjourned at 8:15 p.m. Respectfully submitted, AUGUST ;25, 199~t Barbara M. Madden Recording Secretary (two tapes) Ms. Frazier seconded the 'notion and