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Minutes 03-24-98 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA TUESDAY, MARCH 24, 1998 PRESENT: Lee Wische, Chairman James Reed, Vice Chair J. Stanley Dub6 Pat Frazier Mike Friedland Maurice Rosenstock Steve Myott, Alternate ABSENT: Jos6 Aguila Tambri Heyden, Planning & Z~ Director Michael Pawelczyk, Asst. City Bulent Kastadak, Dir. of Devel Michael Rumpf, Senior Plann~ 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:02 p.m. The Pledge of All the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMI Chairman Wische introduced Vice Mayor Shirley Jaskiewicz; Bulent Kastarlal~ of Development; Michael Rumpf, Senior Planner; Tambri Heyden, Planning ar Director; Members of the Board; Assistant City Attorney, Michael Pawelczy~ Recording Secretary. 3. AGENDA APPROVAL No additions, deletions or corrections were made to the agenda. Upon mot Stanley Dub6 and seconded by Steve Myott, it was unanimously voted to apl agenda, which carried 7-0. 4. APPROVAL OF MINUTES Mr. Friedland notec~ that the motion at the bottom of Page 4 of the March minutes is incorrect. The motion was ~n fact made by Mr. Myott, not Chairmar and was seconded by Mr. Aguila. nlng Attorney ~ment rlance to ERS Director Zoning and [he )n by J. rove the 1, 1998 Wische MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA Mr. Dub6 also requested that the spelling of his name be corrected to sh( name is "J. Stanley Dub6". MARCH 2¢,, 199f~ iw that his The minutes, as corrected, were unanimously approved, upon motion by Mr and seconded by Mr. Myott. Motion carried 7'-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS. A. Report from the Planning and Zoning Department. Chairman Wische introduced Tambri Heyden for an update of the Pla Zoning Department. Ms. Heyden reported the following: Friedland ning and The Palm Walk ACLF request for conditional use approval to construct a 48 bed Alzheimer care liv ng facility to be known as Palm Walk has lequested the matter be tabled until the next meeting and this will be their last ~xtension. Ms. Heyden stated they would be prepared to go forward at the ne)4t meeting on April 14, 1998. With regard to the Benvenuto Restaurant expansion and this Board's many recommendations, the Major Site Plan Modification has been submitted to the Commission and has been approved. OLD BUSIN ESS None. NEW BUSINESS A. PUBLIC HEARING Project: Agent: Owner: Location: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. 19th Avenue Description: Request for conditional use ap construct a 48 bed Alzheimer care living faci known as the Palm Walk adult congrega facility. 2 )rova to ity to be living MINUTES PLANNING AN D DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 24, 1998 Upon motion by Mr. Dub~ and seconded by Mr. Myott, it was unanimouslV voted to table the Palm Walk ACLF hearing until the April 14, 1998 meeting. Motion c-,~rried 7-0. B. PUBLIC HEARING REZONING Project: Agent: Location: Description: Hills at Lake Eden PUD Mike Zeman 15.40 acres of property located between S Boulevard and Swinton Avenue, just no~ westward extension of Gulfstream Boul( Lake Eden Drive) Request to modify the approved rezoning m to reduce the required minimum rear sE pools and screen enclosures from 29 feet on Jots #1 through #.9 and on lots #17 thr¢ and to reduce the required minimum sid( setback from 10 feet to 7½ feet on lots #1 th and tO modify two conditions of the ofig rezoning to reduce the required minimurr unit size from 2,400 square feet (under air square feet (under air); and to reduce the minimum average dwelling unit s~ze fro square feet (under air) to 2,450 square fe, air). Chairman Wische stated that he spoke with the Development Director this m Seacrest of the ~ard (10 ster plan back for ) 20 feet Jgh #25; building 2ugh #8; iai PUD dwelling to 2,250 required 2,600 (under ,ming to confirm that this matter was before this Board last year. Mr. Dub~ stated th it was before this Board three prior times and was not approved each time. Chairmad Wische further stated that the City Commission voted it down each time also. Chairman Wische inquired why staff would bring this matter back before the Board since it was voted down three prior times. Chairman Wische asked Mike Rumpf, Senior Planner ~ attend the meeting in order to advise why staff is now recommending this matter for approval at this time. Tambri Heyden stated that staff wished to make a presentation. At [his point in the meeting, Attorney Pawelczyk swore in all parties who pl~ testify on any item on the agenda this evening. 3 reed to MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA Mr. Rosenstock inquired if the Applicant was present, and noted that the A fact, was not present. Mr. Rosenstock made a motion that the matter be tal the fact that the Applicant is not present. Mr. Myott seconded the motion. MARCH 2[4, 199~f ~plicant, in led due to Chairman Wische asked Assistant City Attorney Pawelczyk for his open, regard. Attorney Pawelczyk stated that the matter should be tabled due [o ti' the Applicant is not in attendance to present his case. ~n in this fact that Mr. Dub6 confirmed the fact that this request has., been before this Board thrE previous times and the square footage appears to be d~fferent from the prior reque ts This Board denied the matter; P~titioner has asked for set backs before and ~s turned down. When the matter appeared before the Comm ssion, an agreement wa~' reached between both part es. The I~etition at tonight's hearing is a change from that Agreement. Ms. Heyden left the meeting to determine if the Petitioner was in the parking lot or on hiS way to the meeting. Attorney Pawelczyk stated that the Board should r~rain from any further discussion in this matter. Mr. Rosenstock stressed that the front doors to the Chambers should be op~ everyone desiring admittance to the meeting can have access. The recording stated she unlocked the side door and would make sure in the future that the were opened. Ms. Heyden upon return informed the Board the Petitioner was not present. suggested that the meeting take a ten minute recess in order to give the additional time to appear. ~ so that ~ecretary mt doors 4r. Dubb 'etitioner Mr. Rosenstock brought before the Board an item he had come across in his files this evening. It pertained to a form that the City adopted in 1990 which is utilized a a result of Mr. Rosenstock's proposal. Specifically, the form is an affidavit that a devek Der must sign, stating that plans submitted on a particular date by the developer, and agree to abide by all the terms and conditions of the plans, as approved by lhe City Commissioner, the Planning and Zoning Board, and the developer. This form resulted from the petition of [he developer of the Casablanca Development to change he roofs as originally submitted to the Board. Mr. Rosenstock inquired if the Planning Bl~ard was still utilizing [his form. Ms. Heyden stated that the form is still being used, however, there we~ modifications made to the original form. 4 some MINUTES PLAN NING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 2~,, 199~I Chairman Wische also stated that he was on the City Commiss on at that time. The project was originally presented for S-tile rooftops, but later the developer requested under a hardship for substitution of asphalt til~. When corn ng off I-~5 ~everyth ng visible is either b~rrel tile or concrete block. Esthetica y, it wou d not be plea ing to the neighborhoods; the substitution request was turned down. The developer thr~iartened to su e; but that never came about and barrel tile was in fact used for the roofs. Ms. Heyden stated that Mike Rumpf contacted the petit oner and stated thel pet toner could.beat the meeting in 20 minutes Discusson ensued ~-Lu uet~rm~ne '~ .... w~e[ner'~ .... me meeting should'wait for the petitioner to arrive or adjourn the meeting. Mr. Rosenstock stated, even though th;ere are many people in the audienc~ from the Hills at Eden Lake, this matter has been brought back to the Board several ti fact this meeting ~aited another 20 minutes for the developer to appear, th. meeting would now be at least 40 minutes late. Mr. Rosenstock moved to adjourn. Pawelczyk reminded the Board that there is a motion on the table. Before Chairman Wische took a vote [o adjourn the meeting, he asked if there comments from the Board. There were none. Chairman Wische asked if people in the audience wan[ed to wait an additior minutes. Attorney Lynn Ventry, an attorney from Boca Raton, who resides in the area, s felt due process had been met by sending the developer a notice of the meE and time, and that this meeting should proceed. Attorney Pawelczyk did not agree with Attorney Ventry's assessment and sta recommending that this Board table the matter until the next meeting to prew process lawsuit against this City. Chairman Wische presented the motion as previously made before the Boam the Hills of Eden Lake PUD until the April 14, 1998 meeting. Motion unanimously, 7-0. 9. ADJOURNMENT There being no further business to come before the Board, Mr. Myott moved to 5 ~es. If in Attorney ~ere any twenty ]ted she lng date ~d he is ~t a due to table carried ~journ MINUTES PLANN lNG AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 2~, 199~t Meetingthe meeting.actjournedMr. Rosenstockat 7:20 p.m seconded the motion, which carried unanimously, 7-0. Respectfully submitted, Barbara M. Madden Recording Secretary (one tape)