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Minutes 06-23-98 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY JUNE 23, 1998 AT 7:00 P.M. pRESENT Lee Wische, Chairman J. Stanley Dub6 Pat Frazler Mike Friedland Steve Myott Maudce Rosenstock William Sherman, Alternate ABSENT James Reed, Vice Chairman Vance M. Gragg, Alternate Mike Rum pf, Acting Planning and Zoning Director ~ Peter Lichtman, Acting ~ Assistant City Attorney Bulent Kastarlak, Director of Development PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:06 p.m. and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEM~BERS Chairman Wische introduced Commissioner NelLie Denahan who was pre., audience. Chairman Wische introduced the Board Members to the audience. Chairman Wische then introduced Peter Lichtman, Acting Assistant City Att¢ Rumpf, Acting Planning and Zoning Director, Bulent Kastarlak, Director of De' and the Recording Secretary. ent in the ney, Mike elopment, Chairman Wische stated that he has been requested to move the last item up on the Agenda, Item 7.D.1 (Auto Zone) to be heard first on the Agenda. Chairman Wische stated that if the Item is in fact moved up and the Petitioner is not present, the matter could not be heard. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 2~, 1998 Chairman Wische was handed a fax transmittal from the Petitioner, which he re Members which in effect requested that their Petition be tabled until the next and Development Board Meeting, a copy of which is made a part of the minute,' Chairman Wische apologized to all those present in the audience who attendance to speak at the public hearing portion of this item. Motion Mr. Dub6 moved that item 7.D.1~ of the Agenda (Auto Zone) be postpone¢ next Planning and Development Boam Meeting of July 14, 1998. Motion seconded by Mr. Rosenstock and carried 7-0. Mr. Dub6 stated that this same scenario has happened before and inconvenient for the people of the homeowner's association who come to the r speak at the public hearing, find out upon arrival at the meeting that the PE requesting a postponement. Chairman Wische suggested that a certain amount of days notice to postpone should be established in order to avoid these situations and this request made as a recommendation to the City Commission. Mr. Rumpf stated that he was made aware yesterday of an agreement that th entered into with the Coquina Cove Association, which is an agreement f~ application to improve their right-of-way. Other members of Mr. Rumpf's aware of complications between the applicant and the Coquina Cove Associal could affect the site plan. The applicant has indicated that he is willing to wo id to the ~lanning Nere in until the , is very ~eeting to :itioner is hearing hould be : City had r a grant ,taft were an, which ik with the ~efore the property owners' association, and Mr. Rumpf advised the applicant to do so hearing process. Mr. Dubb inquired how the residents of Coquina Cove would be notified of th's meeting prior to the next meeting date. Mr. Rumpf indicated that the sign that has b( ~n posted on the property could be changed with the new date. Mr. Rosenstock inquired how [he residents of Coquina Cove were infon ~ed about tonight's hearing. People responded that they heard of the meeting several ~ tys. Mr. Rosenstock inquired if adjoining property owners were to be notified o Mr. Rumpf stated that site plan application does not require notice, only con( application requires notification to adjoining property owners. Mr. 2 hearings. tionaluse 0senstock MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1998 suggested that the name and phone number of the president of the homeowner's association be given to Mr. Rumpf so that he can notify him when the next meeting would be held. Mr. Rumpf stated that he is in close communication with Hank Ackermann, the City's Neighborhood's Specialist and he will stay abreast of this situation. 3. APPROVAL OF AGENDA Mr. Dub6 moved to approve the Agenda, as amended. Rosenstock. Motion carried 7-0. Motion seconded by Mr. 4. APPROVAL OF MINUTES Mr, Rosenstock moved lo approve the minutes of the June 9, 1998 meetin seconded by Mr. Myott. Motion carried 7-0. COMMUNICATIONS AND ANNOUNCEMENTS (Mike Rumpf, Actinq Planninq and Zonin.q Director~ Mr. Rump~ stated that the Riverwalk Plaza (variance for a wall fE was still tabled at the Commission's June 16, 1998 meeting. B. The Amerope Enterpnses, Inc. use approval was approved. C. The Banyan Cove Apartment was approved. Tabled at the Commission meeting and to be heard tonight Storage Text Amendment. The Alhambra Square North (Waigreen's) Project Site Plan and will be litigated. F. The first reading of the Ordinance on the Barrera Anne approved. (Mr. Dubb's comments at this point in the meeting were moved under "Co~ Members"), on Page 18. Mr. Wische stated that the meeting should proceed according to the Agem issue should be reserved under "Comments by Members" at the end of th 3 Motion :e) the Self- denied ~tion was ~ments by and this meeting. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1998 (The Recording Secretary was requested to move this discussion to Comments by Members, ) 6. OLD BUSINESS None 7. NEW BUSI_NESS: A. Public Hearing DRIA 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Boynton Beach Mall Thomas A. Marsicano, Vice I~resident URS Grenier, Inc. Boynton Beach Mall Request to amend the Development Order of the Boynton Beach Mall Development of RegionalI Impact (DRI), amending Ordinance 96-26, to extend the build out Idate to December 31, 2000. Thomas Marsicano, of URS Grenier, Inc., Tampa, Florida took the p( ~ium and stated he represents the Simon DeBartolo Group, owners of the Boynton E ~ach Mall technical and presented an amendment that was necessary as the result of a requirement being overlooked. The traffic studies have been completed to dE ~onstrate the meeting of concurrency through the year 2000. Chairman Wische stated there was one staff comment and Mr. Marsicano sE petitioner agrees to the one staff comment. Mr. Wische asked if staff additional comments and there were no ne. Chairman Wische stated that this is a public hearing and asked if an' audience wished to speak on this ~ssue. There being none, the public closed. Chairman Wische asked for a motion from the Board. d that the ad any a ne in the h~ aring was MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 2 Motion Mr. Myott moved that item 7.A. 1 request to amend the Development Ord Boynton Beach Mall Development of Regional Impact (DRI), amending Ordi~ 26, to extend the build out date to December 31, 2000, be approved, subj~ comments. Motion seconded by Mr. Friedland. Motion carried 7-0. Chairman Wische requested that Acting Assistant City Attorney administer ti' all persons who will be testifying this evening. Attorney Lichtman stated he notary and could not administer an oath. The Recording Secretary was re( administer the oath, but also is not a notary. Attorney Lichtman stated that Wische, in his capacity as Chairman, had the authority under the Code to ad oath and did so. Code Review 2. PROJECT: AGENT: LOCATION: DESCRIPTION: I, 1998 of the ice 96- to staff .~ oath to ,as not a .~sted to ~hairman ilnlster an SELF-STORAGE FACILITIES (t; bled at 6/9/98 meeting) William Morris Kilday and Associates, Inc. N/A Request to amend the Land De~ .~lopment Regulations, Chapter 1 and Cha ter 2, to expand the definition for self-storage facilities to differentiate betwee~ limited access self-storage facilities aid multi- access, self-storage facilities; to a :id limited access self-storage facilities to l he list of permitted uses within ti le C.1, Office/Professional zoning distri, [, and to change the design requirements, ocational criteria and other development ~tandards for self storage facilities. Kiernan Kilday of Kilday and Associates, Inc. took the podium. Chairr~ ~n Wische stated that there were 13 staff comments and this Board will address )nly those comments, with which the petitioner does not agree or wishes to discuss. 5 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA Mr. Kilday stated that he has worked with staff on the conditions and that all are acceptable to the petitioner and is not requesting any changes. Chairman Wische inqu ~red if there were any add itional staff comments. Mr. Rumpf stated that there was one item regarding the criteria for distance After identifying that the unincorporated facility at Congress Avenue and Boynt, Boulevard is within the setback distance that was indicated, the language changed from "all other facilities" to read "other limited access facilities". Chairman Wische inquired if anyone '~n the audience wished to be heard on There being none, the public hearing was closed. JUNE 23, '1998 ~nditions )aration. n Beach ~ouid be his item. Mr. Rosenstock inquired if the Application before the Board this evening inc )rporates the changes in the code that Mr. Kilday had discussed with Mr. Rosensto, on the telephone. Mr. Kilday replied that there were a few modifications that staff I' ad asked for, which was less than the petition requested, but these ~ssues have been ~ )rked out and petitioner agrees to these modifications. One limited the hours of operati m further and the other was the width of the aisles between facilities. M r. Rosenstock questioned the height of the facilities being raised to 35'. stated that the height would remain 30' feet within residential areas, which w for three stories within the building. qr. Kilday ,uid allow Mr. Rosenstock questioned the deletion of item G.8 on Page 6 of the Zoning ;ode Text amendment ("Storage bay doors. Storage bay doors shall not face ar abutting property which is residentially zoned, nor any public or private street.'7 Mr. Rumpf stated that the deletions and changes of the Zoning Code Text ~ndment are in effect a reallocation of items within the City Code. Mr. Rosenstock stated that this Board continues to receive information that is not the final document that would clearly show what the code would be and thi~ Board is continually being asked to vote on items that are not clearly defined. Mr. Kilday stated that item G.8 was crossed out because it now appears as em C.2 at the top of Page 5 of the Zoning Code Text Amendment (Page 14 of Exhibit A)I Mr. Rosenstock inquired if the City Attorney reviewed this Petition. Mr. Kilda~'~ stated he thought Attorney Cherof did look at the Agenda items and did not see any problems with any of the items. 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1998 Mr. Rumpf stated that the items are reviewed in their entirety after they the City Attorney in ordinance form. Mr. Rosenstock would like to request to the City Commission that when Attorney reviews changes in the Code or Ordinances, that the City Attorney This would allow this Board to determine that the items had been approved, the Planning Director should sign off on these items. Chairman Wische asked the Board for their comments on Mr. Rcs recommendations. There was a consensus among the Board that this matter brought to'the attention of the City Commission as a request from the Plat Development Board. Mr. Rosenstock asked Mr. Kilday if there were any other issues that should b to the attention of this Board. Aisc, Mr. Kilday stated that although it is being ' es" the st of perm tted us , it is being added as a "conditional use". back to [he City sign off. tnd also nstock's ~ould be 3lng and ~ brought added to Mr. Rosenstock questioned why item 'T' on Page 8 (Zoning Code Text Art .~ndment) was being cross out. Mr. Rump,! ,s,,tated that this item was moved to Page '~ (Zoning Code'Text Amendment) as item M. Mr. Rosenstock also had questions regarding/the the buffers. Mr. Rumpf stated there are minimum requirementst space between rk~n as chan ed, Wh/ch staff Mr. Rosenstock also asked staff if it concurred on the pa ' g g said it did. There being no further comments, Chairman Wische called for a motion. Motion Mr. Dub6 moved to that the Request to amend the Land Development R~gulations, Chapter 1 and Chapter 2, to expand the definition for self-storage facilities to differentiate between limited access self-storage facilities and multi-access, sblf-storage facilities; to add limited access self-storage facilities to the list of conditionall permitted uses within the C-1, Office/Professional zoning district, and to change t[~e design requirements. Iocational criteria and other development standards for s(Clf storage facilities be approved, subject to all staff comments. Motion seconded by Mr. Rosenstock. Motion carried 7-0. 7 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 2~, 1998 Code Review 3. PROJECT: AGENT: DESCRIPTION: Day Care Uses Accessory to Churches Bishop Sylvester Banks Bible Church of God Request to amend the Land DevE Regulations, Chapter 2, Zoning, to allow as an ancillary function to a church locate AA zoning districts. opment day are I in R-l- Chairman Wische stated that the Applicant has requested postponement to th~ July 14, 1998 meeting in order that the Applicant can meet with Palm Beach County, which is the authority that will decide the size of day care facilities prior to review by the Planning and Development Board. Mr. Rumpf requested that the Board allow the extra time to review the inasmuch as it is actually a text change on land uses. Motion Mr. Dub6 moved that Item 7.A.3 (Day Care Uses Accessory to Churches) be [: until the July 14, 1998 meeting. Motion seconded by the Mr. Myott. Motion ca Conditional Use 4. PROJECT; AGENT: LOCATION: DESCRIPTION: Favorite Food Court Bradley D. Miller, AICP Miller Land Planning Consultants, Inc. East side of S.W. 8th Street north of W Road petition, )stponed reed 7-0. )olbright Request for conditional use approval to ,nstruct a 4,000 square foot restaurant with a drive thru within the Shoppes of Woolbright PCD. Bradley Miller of Miller Land Planning Consultants, Inc. took the podium and represents the petitioner, Favodte Food Court, Inc. Mr. Miller said that staff's have been reviewed and Petitioner agrees with all staff conditions. Chairman Wische asked if staff had any further comments. Mr. Rumpf st were none. stated he :onditions ted there MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 29, 1998 Chairman Wische said this was a public hearing and asked if anyone in the audience had any comments. There being none, Chairman Wische closed the public hearing. Chairman Wische inquired if the Board had any questions. Mr, Dubb stated that s rice the building will contain four restaurants, he questipned the size of the 10' Dumpster being sufficient for four restaurants and that there wasmo room for a second enclosure for recycables. Mr. Dub6 further stated that if the Dumpster remained in the designated place, there would be no room for the second Dum ~ster. Mr. Miller agreed that two Dumpsters would not fit in the allotted space and ~mpsters were discussed when the matter was before the technical rewew committee. /Ir. Miller stated that the size of the Dumpster was agreeable to the Public Works De 3artment. Mr, Miller suggested that the sidewalk could be moved to the north side and the Dumpster for recycables could be placed in this area. Mr. Du'b6 further stated the Dura psters are being located in a wide-open spac( between the restaurants, and Home Depot and the Dumpster enclosure can be viewed by everyone using the parking areas. Mr. Miller said the reason the Dumpster is bein~ placed at this location is tt~at it is a mirror image of where the Discount Auto Dumpster is located. Mr. Miller also ~uggested that the frequency of the pickups could be increased. Mr. Rosenstock raised concerns that the landscaping, the colors and the ove~ ~11 look of the building are not. specifically stated. Further, Mr. Rosenstock stated that th~ Discount Auto Store is a disaster that was permitted into this area. The building was pa ~ted gray with signs in the window (Ms. Frazier stated that the signs have since been ta :eh out of the windows) and he does not want to see a repeat of this type of buil~ lng. Mr. Rosenstock said he could not support this petition until he knows the exact de Is of the project, which should be a responsibility of the Planning and Engineering De ~rtments to require specific information as to what is actually going into the prc'ect. Mr. Rosenstock stated ('for the record) that petitioners are "getting away with m~ ~rder" and he cannot support this petition. Mr. Miller stated that the whole application package requires not only the sit~ plan and eng neering requirements but also requ res the elevation, the full landscape plans with all the specifications of the size, type and height of the trees. With regard to the architectural requirements, there is a complete table on the architectural plan that sets 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 2,'3, 1998 out the finishes, colors and materials of the building, which is also a requirem~ application. / Mr. Rosenstock stated he was not satisfied with the Petitioner's plans and r that more landscaping be added to the property. Mr. Rosenstock stated that not want to see another block type building put on a piece of property ti- resemble a building built 50 years in a strip mall. Mr. Myott confirmed his agreement with Mr. Rosenstock as to how the Disc( properly turned out and also feels that the proposal for the Auto Zone has potential of another "Discount Auto". landscaping for Auto Zone. ~t of the quested he does tt would unt Auto le same Mr. Myott stated there also is no fdundation Howevi~r, Mr. Myott stated that the Food Court proposal is much more refined have foundation landscaping which is possible at this location. Mr. Myott ~ would not be fair to unfairly judge this petition because of Discount Auto. Mr. Miller stated that they have paid particular attention to the architectural f~ the building in order to make it attractive. Mr. Miller said that this site was over a year ago for a similar building and petitioner is presenting the appli( evening because additional property nas been added to the parcel improvement to the site. ~nd does so felt it atures of approved ation this ~at s an Mr. Rosenstock inquired how the Dumpsters could be hidden from public ~riew. Mr. · r stated that a s X-foot hidh wall will surround the Dumpster on three sides together M e " . '" r with a metal gate enc osure and there wdl be landscaping around me (~nc~osu e. Discuss on en~ued regard ng whether the size and height of the landscapinglw, ould be sufficient to hide the I~umpster area. Mr. Miller stated the landscaping was selected at the recommendation of their landscape architect. Mr. Rosenstock stated that he wanted an assurance n writing before he votes on the petition that the area will be covered with landscaping and if more landscaping is necessary, that more will be planted. / Ms. Frazier inquired if the Petitioner has entered into any signed leases with tenants. Mr. Miller stated there have been discussions with a multiple group of restaurants and non-restaurants. There have been discussions with Subway, Taco Bell and Dunkin Donuts. Also, there is a hair salon that has shown interest. 10 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE Z3, 1998 Mr. Rosenstock stated that he was under the impression that the Board was co a Food Court and not retail shops. Mr. Miller stated that the requireme conditional use is because of the drive-thru, and the drive-thru is not intended salon" type of facility, but will be for restaurant use. Mr. Myott indicated that the name implies a shared use among eating esta[ within the building. Mr. Dubb stated that the conditional use request states that it is for "al: construct a 4,000 square foot restaurant with a drive thru within the ~k Woolbright PCD"and does not mention hair salons. Mr. Miller stated that the original approval of the petition was based on a F~ and the corporate name was set up to reflect this and the Petitioner has Kept for consistency. ~sidering ~t of,, the 3r a hair shments )royal to )ppes of od Court he name Chairman Wische stated that if the petitioner knew that the building would nol remain a food court, why did the Petitioner come before the Board tonight asserting that it is a food court? Mr. Dub6 stated that on Page 2 of the Settlement Agreement it states "the ettlement agreement apprOved...Approved Use Lot ~ Food Court Restaurant': AlSo, 37~0 square feet is being changed to 4000 sqUare feet. Mr Miller addressed Acting AssiStant City Attorney Lichtman if the purPose 0f a public hearing and the prOcess is for a conditional use apProval of the drive-thru ar~ is not a request of a use; AttOrney Lichtman stated that the area has been approved for both food and has no bearing on this hearing whether the building will be for food or retail, is zoned properlY. The use the petitioner is using in this particUlar area does the zoning in the area. Mr: Rumpf stated that staff has reviewed the petition with the understan( would be a restaurant. Mr. Rumpf recommended that if the building were to t anything other than a restaurant that the petition be postponed until staff can matter further With a view towards retail shops being added to the use ar petition be resubmitted with these additional uses. 11 ;tail and it both. It ~onform to ng that it ie used for irewew the !d that the MEETING MINUTES PLANNING AND DEVELOPMENTBOARD BOYNTON BEACH, FLORIDA JUNE 23, 1998 Mr. Friedland also stated that the Board was not prepared to deal with retail shops being added to the petition and unless the petitioner agrees to resubmit his petition, the Board shou Id turn down the conciitional use request. The Board reiterated that they were not against retail shops being built on this land, but the petition the Board is beir~g asked to consider this evening is for a Food ~ourt and not retail shops. Mr. Myott stated that in order for the petitioner to lease the property, i~e needs to have the condit onal use in p ace for a drive-thru which expands the possibility of le~,sing the property. Discussion continued on how the petition should be worded for cons ~lerat on. Chairman W sche stated that since Mr. P, umpf is suggesting that the petition~e tabled for this hearing, the petitioner should meet with the Planning and Build ng Dep~trtment to work out the details of the petition and resubmit the petition. Motion Mr. Dub6 moved that Item 7.A.4 (Favorite Food Court) Conditional use MotiOn seconded by Mr. Friedland. Chairman Wische asked the Petitioner if they concurred with the motion Board? Petitioner asked for time to discuss the issue. The Petitioner requested at this time that the Board consider the origin; of a 4,000 square foot restaurant. Mr. Dub6 moved to withdraw his motion. Mr. Friedland withdrew his seco motion. Chairman Wische inquired if anyone in the audience wished to address None being present, Chairman Wische closed the public hearing. Mr. Rumpf reminded the Board that conditional use approval process has bE because of the:drive-thru and is synonymous with site plan approval. TheT Board s reviewing a site plan as called for by a site plan process and the raises additional requirements. Motion 12 tabled. Iore the petition id of the ~e Board. ~ initiated ifore, this drive-thru MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1998 Mr. Myott moved to approve the Favorite Food Court, Inc.'s reqUest for conditional use to construct a 4,000 square foot building consisting of ,multiple restaurants, one of which would have a drive-thru, within the Shol~pes of Woolbright PDC. Motion seconded by Mr. Dub6, Mr. Friedland stated that the presentation by the petitioner was not very prep; this Board should consider the petition fur[her before voting on it. Chairman Wische called for a vote on the motion before the Board. Chairmar asked that before a roll call on the vote is taken, if the Petitioner approve wording of the motion. The Petitioner agreed to the wording. Chairman Wische asked the Recording Secretary to call the roll. Stan Dub6 Yes Pat Frazier No Mike Friedland No Steve Myott Yes Maurice Rosenstock No Lee Wische Yes William Sherman Yes Motion carried 4-3 in favor of Favorite Food Court, Inc. B. SUBDIVISION Master Plan Modification PROJECT: AGENT: LOCATION: DESCRIPTION Shoppes of Woolbright PCD - Food Court Bradley D. Miller, AICP Miller Land Planning Consultants, Iric. East side of S.W, 8th Street, iorth Woolbright Road Request for modification to the ma for the Shoppes of Woolbright PCD adjustment of square feet from retail use to the remaining rE outparcel in connection with procE ~red and Wische of the avorite of ter plan through =lanned ~tau rant ising of MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1998 the Favorite Food Court use applic~ation to construct a 4,000 square foot (restaurants) with a drive thru. Mr. Miller took the podium on behalf of Favorite Food Coud, Inc. He s~ purpose of the petition is to reflect the 4000 square feet on the master plan be from the square footage of the parcel immediately north of the 4000 square fi: to balance out the Master Plan, which is a staff requirement. Chairman Wische asked if any one in the audience wished to address the Boar being none. closed the public hearing. ~ted the ~djusted ~t parcel There Motion Mr. Dub~ moved to approve the request for modification to the master pla Shoppes of Woolbright PCD through adjustment of square feet from planned [o the remaining restaurant outparcel in connection with processing of the Fav¢ Court use application to construct a 4,000 square foot (restaurants) with a subject to all staff comments. Mr. Myott seconded the motion. Motion carried 4-3 in favor of Favorite Food Court. (Mr. Rosenstock, Mr. Friedland and Ms. Frazier voting "nay") C. USE APPROVAL 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Quantum Corporate Park Roscoe Biby, P.E. Kimley-Horn and Associates Quantum Corporate Park PID Request to amend the list of appr, for the Quantum Park PID maste allow studio suites on lots "Hotel" Mr. Roscoe Biby took the podium on behalf of the Applicant. Chairman Wische stated that there was only one staff comment and Mr. Bib the applicant agrees to the staff comment: 14 for the etail use 'ite Food ive thru, 'ed uses plan to signated said that MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 23, 1998 Chairman Wische asked if anyone in the audience had any comments. ;hairman Wische closed the public hearing. Chairman Wische asked if any member of the Board had any comments. Mr. Dub~ inquired if the location was as stated on the map and if any lots re being changed? Mr. Rumpf stated no lots were being changed. ~lotion Mr. Rosenstock moved that the request to amend the list of approved use for the Quantum Park PID master plan to allow studio suites on lots designated )tel" be approved, subject to staff comments. Motion seconded by Mr. Dub6. Motion carried 7-0. 8. OTHER Discussion: A. Change Planning and Development Board meeting from Jul 28th to July 2~)th due to budget sessions. Mr. Rosenstock questioned why the meeting date is being changed, as he pre~3ares his calendar according to meeting dates and it is difficult to accommodate change of meeting dates. Chairman Wische concurred with Mr. Rosenstock, as he has ~. wedding on the 29th of July and could not attend the meeting on that date. Also, if ~ member does not attend a meeting, it counts as an absence. Chairman Wische inquired why the change was requested. Mr. Rumpf was n~)t certain, but felt it was due to the budget sessions being held in the C?mmission Ch.~mbers at the same time as the Planning and Development Board meeting. Further, .~,r. Rumpf stated if it were merely a location change, the meeting could relocate to the West Wing Conference Room, which has been done in the past. Mr. Rumpf will let the Bc~ard know of the meeting place for the July 28t~ meeting. ~ (Mr. Rumpf conferred with the C~ty Clerk and determined that the July '28~h meeting could be held in the West Wing Conference I~ )om, at 7:00 p.m., as scheduled.) 15 MEETING MINUTES PLANNING AND DEVELOPMENTBOARD BOyNTON BEACH, FLORIDA JUNE 2~, 1998 B. Mobile Tech Improvement Mr. Rumpf stated that the proprietor of the property was present this evemnglto make an inforr~al presentation to the Members of the Board for their considerati~)n. Mr. Rumpf stated that the informal review being presented this evening is in ~)ne way conforming to code and in another way s not co~forming to code There are d~,p cation · i '1 requests that could be done under the code and there are more substanba improvements that would not be allowed. Mr. Rumpf stated that the use, as i~t stands, does not conform to current zoning d strict; nor does it conform to the Visiohs 20/20 recommendations for the Marina District. Will it remain in perpetuity? It may until market forces push the business out. This business has been ~n place for sometime and business is good and they would like. to remain in this location. Staff ha~s placed potential on t~nese types of properties for beautification projects in the interi~ ~eriod. Also, the benefit this business could provide for the ciowntown area h~as been considered. The petitioner presented a handout to the Board Members for their review. Mr. Rosenstock stated that he totally disagreed with Mr. Rumpf's presentation rlegarding the property in question. Mr. RosenStock also stated that the 20/20t Visions recommendations did not include types of garages of any kind in the marina area, regardless Of the type of work being performed at the garage. Mr. Rosensto~.k stated that if the proprietors of the property were allowed to impr~)ve the property, lit almost elimin:ates the possibility of eminent domain by making the property more valualble. i Mr. Bu ent Kastar ak, D rector of Deve opment, requested to address the B~)ard and stated there are several issues being presented in favor of this project. First, Mr. Kastarlak stated the City is going through a prooess of encouraging gr(~wth and economic development, especially in the CRA District. Mr. Kastarlak stated tl~at it was important to encourage incubator businesses in the City and the City will h~ve to be more cognizar~t of the needs of these businesses and to give them supl:{Ort. Mr. Kastarlak stated by encouraging this particular business to gro~N in its current I~)cation, it would outgrow:the current location shortly and move to a different area. Also, what is being,prol~seci ton ght s transitional in nature and is not permanent. Mr. KaCarlak felt if the building~ on the U.S. 1 corridor are left in their present conditio, r~ for the foreseeable f~t~re, the area will cent nue to deteriorate, even through the high~vay itself 16 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA has been beautified, Mr. Kastarlak stated that he supports this project and thai a betterment to the area. Mr. Rosenstock totally disagreed with Mr. Kastadak and stated that if the prop this property are allowed to improve their property, increase their business 8 more income in this location, the proprietors would not want to move to another Mr. Kastarlak stated that six bays wouldn't be sufficient for the business onc( and deserves the support of this Board. Mr. Rosenstock could not agree with Mr. Kastarlak's reasoning that six improved, would add to the improvement of the area as the City pumps r dollars to' beautify projects for boutiques, shops and fine restaurants. Mr. R( stated it would cost the City more when the time came for the City to pun property or take the property under eminent domain. Improving the properb. raise the price to the City. Mr. Kastadak stated he views this as an incubator business and from an development initiative, is a temporary betterment. Mr. Dub~ said that if the Board allowed this project, the Board would be precedent since there has already been a request from a previous busines,' "bay". If this request is allowed, that particular petitioner could come back to and state that a precedent has been set. Since it was allowed for one petitiom them, the City would be in another law suit. Mr. Kastadak stated that the City has funds from the CBDG, which e incubator businesses to stimulate and grow and considers it unfair to particular petitioner an opportunity to grow and improve their business and pr( Mr. Rosenstock pointed out that the City, various Boards of the City, the 20/ group have spent thousands of hours discussing a beautiful downtown and h; come m and build new businesses and new enterprises, but this type o should not be under consideration, Discussion continued regarding other businesses that wanted to expand ir area. Mr. Kastarlak stated it was important for the City to encourage small busines.' as the City has funds available for these businesses. Mr. Kastadak state¢ have been only five applications for the CBDG funds and the City 17 JUNE 23, 1998 it will be netors of hd make location. it grows )ays, as illions of senstock ~ase the will only ;conomic setting a to add a ~is Board and not courages deny this :)erty. h0 Visions ye people business the same .~s to grow that there ;hould be MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 2.3, 1998 encouraging businesses and people to come forward with their projects for tle City's support. Mr. Friedland stated that there should be another location in the City for this business to relocate with which the City could assist them, instead of encouraging improvement at their present location. Mr Myott suggested that perhaps some transitional improvement in this area ~night not be a bad idea, since the property might be far enough north to improve the pro.~.e~ty to a certain degree and it might enhance the appearance of the overall area. ~r. Myott suggested that the issue be presented to the 20~20 Vis OhS consultants for th.elf opinion to d~termine if the City supports transitional improvements along the way to it~ ult mate goal. Mr. Kastadak stated he would be glad to have Mr. lief respond to Mr. Myott's uest. Mr. Rumpf stated that part of the intent of bringing this issue before the Bo d tonight has been obtained. Staff has been and always will be contacted by seriou,' inquiries from various entities requesting assistance and guidance, as well as staff's ,pinion of the outcome of these requests. Because of the conflicting opinions expr~ ssed this evening, staff has become aware of the direction this Board intends to move with the 20/20 Visions Plan and how staff should deal with these applications in the future. Mr. Rosenstock inquired if this Board was being asked for a consensus? Chairman Wische nquired if Mr. Rumpf was looking for a consensus from t Mr. Rumpf stated he would not go forward any further with these terns and individual applicants to come forward with zoning requests. 9. MEMBER COMMENTS e Board? it is up to 18 Mr. Dub6 raised concerns that the building going up behind Amoco ~s not be ~g built as this Board had approved. This Board approved that the two buildings be atta( led, since originally the two buildings were separate, one north and south and the oth( · east and west. It appears that only one building is being built on the north side. Mr. Dub~ suggested that Mr. Kastarlak check to make sure a building permit was ~issued for everything, s~nce part of that approval is that the building on the Congress A/enue side blocks the view of all garage doors of the building on the north side. If the building is not built on Congress Avenue it defeats the whole intention of this Board thai the vew of the doors be blocked from sight. MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 2~, 1998 Mr. Rosenstock inquired if the Planning Department is aware if both buildings are being built. Chairman Wische stated there were two items before the Board this evening that the Board was not aware of until the meeting and people in the City are not ev~en made tems that are comino before this Board. Applicants are ~nore prepared for the aware of . ~ . . i 'n meetings than Board members. Chairman W~sche stated that some system ha~to be ~ place in order for people to be apprised whether or not a particular issue will be heard as scheduled. 10. ADJOURNMENT_ There being no further business to come before the adjourned at 8:54 p.m, E3oard, the meeting properly Respectfully submitted, Barbara M. Madden Recording Secretary (three tapes) 19