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Minutes 02-24-98 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 24, 1998 AT 7:00 P.M. PRESENT Lee Wische, Chairman James Reea, Vice Chairman Jos6 Aguila Stanley Dub6 Mike Friedland Maudce Rosenstock Steve Myott. Alternate (Voting Member) ABSENT Tambri Heyden, Planning & Zoning Director Mike Rumpf, Assistant Planner Dan DeCarlo, Assistant Plan~er Michael Pawelczyk, Assistant City Attorney Pat Frazler 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced the members of the board, Assistant City Attorney Pawelczyk, & Zoning Division staff, and the Recording Secretary. 3. AGENDA APPROVAL Mr. Dub6 moved to accept the agenda as presented. Mr. Aguila seconded the mofior unanimously. Planning ~t carried 4. APPROVAL OF MINUTES The approval of the minutes of the last meeting was deferred until the next meeting of the Development Board. $. COMMUNICATIONS & ANNOUNCEMENTS A. Planning & Zoning Report Final disposition of the January 27, 1998 and February 10, 1998 F Development Board meeting agenda items Ms. Heyden advised that there would be only one more split schedule meet ng After that p addressed by the Planning & Development Board will go to the City Commission for approval meefing following the Planning & Development Board meeting. ~lanning & anning& ,int. items the next Ms, Heyden reported the following City Commission action on the items addressed by the Rlanning & Develooment Board at their January 27, 1998 meeting: / Four Steel Communications Tower - Conditional Use Approval Approved subject to staff commen[s and recommendations of the Planning & Development Board Boynton Commerce Center - Master Plan Modifications - Approved subject staff comments MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 24, 1998 Boynton Commerce Center - Site Plan - Approved subject to staff comments and recommendations of the Planning & Development Board. Ms. Heyden reported that the Cit~/Commission would address on the following items that were addressed by the Planning & Development Board at their February 10, 1998 meeting: Boynton Beach Mall - Zoning Code Variance for numaer of parking spaces Grand Park ALF - Site Plan approval. Meeting date for March 10, 1998 is changed to March 11, 1998 in Conference Room "C" Ms. Heyden confirmed with the members that the only member who is unable to attend the n~ & Development Board meeting on Wednesday, March 11, 1998 is Mr. Rosenstock. OLD BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING Attorney Pawelczyk administered the oath to all who would testify in these proceedings this ev~ Zonin Cg_q.~de Variance Project: Agent: Owner: Location: Description: First United Methodist Chumh Robert Hall David Lynch (Trustee) 101 N. Seacrest Boulevard Request for a variance from the City of Boy~ Land Development Regulations, Chapter ; Section 5.G.2.c, to allow a 24.2 foot redu~ required 40 foot front setback (a 15.8 foot required). Robert Hall, agent, approached the podium and confirmed for the board that he was in agre the two staff comments. i/est Wing Planning ~ing. :on Beach - Zoning, on of the ;etback is merit with CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Ms. Heyden had no additional comments. Mr. AguiJa expressed confusion about the request. However, Ms. Heyden confirmed that part ( was abandoned in 1964, and the Church took possession of the entire 20'. Mr. Aguila was about the west 5 because the back-up nformat~on d d not ind cate that the single-family reside 7' gain one-half of the alley being abandoned. It appeared that the Church would get all of the prol Ms. Heyden advised that the Church owns the single-fatuity house. There will be a Unity of ' house, parking lot, and Church. 2 this alley oncemed ~ce would fie of the MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 24, 1998 Mr. Aguila further pointed out that this request does not meet ihe conditions outlined in the criteria that must be met in order for a variance to be granted, Motion Mr. Dub6 moved to approve the request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.c, to allow a 24.2 foot reduction of the requlred 40 foot front setback (a 15.8 foot setback is required) subject to staff comments. Mr. Myott seconde~l '~he motion. Mr. Aguila said he watched the former Board of Adjustment approve variances that never qL~a f ed He believes the Planning & Development Board is doing the same tl~ rig. He pointed out the nee~llto carefully review the criteria that must be met to grant a variance. Although I~e agrees that it makes set, se to grant this variance, th s precedure is wrong He feels the board needs to look at these s tuations because these situations weaken the board. Attorney Pawelczyk recommended that the applicant take me opportunity [o speak on issue to convince the board that the request is justified. Mr. Hail advised that in 1976, the Church was granted a vaoanca. The Church now needs tJ /edance to continue the wail 22' to the south. Mr. Hall advised that he answered the questions with re~ )oct to the variance criteria in the application that was submitted to the Planning and Zoning Department. The motion carried 5-2. (Messrs. Aguila and Rosenstock dissented.) Mr. Aguila added that he was opposing this request on principal. Abandonment 2. Project: Agent: Owner: Location: Description: First United Methodist Church Robert Hall David Lynch [Trustee) 101 N. Seacrest Boulevard Request to abandon a portion of a 20.8 foot south of the First United Methodist Church Mr. Hall advised that Mike Corbett should have been listed as the agent in this request. Attorney Pawelczyk administered the oath tofMr. Corbett Mike Corbett, Architect for the Church expansion, understooc why the board has some about the abandonment. However, granting this abandonment will clean up the entire piece, and make it a clean "L". It will also resolve technicalities that the former variance compour request for this variance results from me widening of Seacrest Boulevard that eliminatea a gn frontage. Mr. Corbett feels that by granting this variance, the site can be cleared of configuration. Chairman Wische read the two staff conditions into the record, and Mr. Dub6 provided Mr. Co copy of the conditions for his 2erusal. Mr. Corbett confirmed for ihe ~)oard that he had no objec two staff comments. tcide alley concerns f property led. The at deal of strange ;tt with a on to the Attorney Pawelczyk recommended that the language in Condition #2 be included in the utility easement. Mr. Corbett had no objection to this request. Mr. Rosenstock left tne dais. 3 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 24, 1998 Mr. Aguila questioned whetner the Church ~s proposing [o rezone the proper~y in the futuri zoneo one classification. Ms. Heyden advised that [he City is not requiring such a rezoning, this up as part of the Comp Plan amendments. Mot on Mr. Aguila moved to recommend approval of the request to abandon a portion of a 20.8 f south of the First United Methodist Church subject to staff comments. Mr. Dub~ seconded carned 6-0. (Mr. Rosenstock was away from the dais.) Mr. Dub~ recognized people in the audience who were present for Item #4, Palm Walk ACL out that these people were not aware of the fact that this item has been postponed. Attorney Pawelczyk advised that the board would have to take action on this item. However, has requested a postponement of this app ication until the meet ng to be held on Wed,n,e,s, da 1998. He announced that the meet ng wi I be he d in the West Wing Conference Room C at 3. Project: Agent: Owner: Location: Description: ~ so that it is )ut will clean )t wide alley motion that He pointed le applicant , March 11, ':00 p.m. Grand Park ALF of Boynton Beach Gregow Miklos of Miklos and Associates Norman J. Michael, Milnor Corporation Southwest corner of SW 13th Street and Gol Road Reouest for abandonment of a utility et ~ement on property located approximately 540 feet ast of the southeast corner of Congress Avenue andJ SW 23rd Avenue to be known as Grand Park of Boynt~ Beach Greg Miklos, 2263 Northwes! Boca Raton Boulevard, approached the podium. Chairman Wiscne no[ed that there are no staff conditions for lhis application. Motion Mr. Aguila moved to recommend approval of the request for abandonment of a utility e~ property located approximately 540 feet east of the southeast corner of Congress Avenue ar Avenue to be known as Grand Park of Boynton Beach. Mr. Dub8 seconded the motion [hat (Mr. Rosenstock was away from the dais.) Conditional Use Motion Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates SW 19th Avenue Request for conditional use approval to con bed AIzheimer care living facility to be kn, Palm Walk adult congregate living facility. Mr. Dub6 moved to table Item ~ to the March 11th meeting. Mr. Aguila seconded the motion 6-0. (Mr. RoSenstock was away from the dais.): 4 ~ment on I SW 23rd arried 6-0. uct a 48- as the carried MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 24, 1998 8. OTHER: None 9. COMMENTS BY MEMBERS Mr. AguJJa advised that he would~ remain a member of this board only through March. He iq hopeful that the members who continue on th~s board think about variances more ~arefully and vote consistently rather than emotionally. 10. ADJOURNMENT Mr. Myott moved to adjourn the meeting. The motion was seconded and carried. The meeting propedy adjourned at 7:28 p.rn, (,.,,/Janet M. Prainito Recording Secretary (One Tape) 5 PLANNING AND DEVELOPMENT BOARD MEETING PRESENT Lee Wische, Chairman Jim Reed, Vice Chairman Stan Dub6 Mike Friedland Maudce Rosenstock Steve Myott, Alternate Jos 6Aguila Tambd Heyden. Planning & Zoni,~g Direct~ Michael Pawelczyk, Assistant City Attorne ABSENT Pat Frazier 1. PLEDGE= OF ALLEGIANCE Chairman Wische called the meeting to order at 7:05 PM. The Pledge of the Flag was recited. 2. INTRODUCTION OF STATE REPRESENTATIVE AND DIRECTOR OF DEVELOPMENT FROM AUDIENCE. Chairman Wische introduced the members of the board, Attorney Pawelc Recording Secretary, and acknowledged the presence of State Repres Andrews and Director Kastadak in the audience. (Mayor and Mrs. approximately 7:20 and were acknowledged by Chairman Wische.) 3. AGENDA APPROVAL 9 egiance to yk and the ,ntative Bill flor arrived PLANNING AND DEVELOPMENT BOARD MEETING NO additions, deletions, or corrections were made to the agenda. Motion Mr. Dub 6moved to approve the agenda as submitted. Mr. Aguila seconded which carried unanimously. 4. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the last mt Motion Mr. Dub6 moved to approve the minutes of the January 27, 1998 meeting as Mr. Myott seconded the motion, which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEfvl ENTS motion, ,~ting. ubmitted. Ms. Heyden reported the following: Two of the five items from last meeting through the City Commission process; the other th ree will be going Tuesday The two that have been finalized are the Shoppes of Woolbright PCD Modification and Shoppes of Woolbfight - Home Depot Expo Design Center. approve by City Commission subject to comments from this Board. M reminded the board of various issues that had been previously discussE replatting, PCD subdividion, etc. In further discussions with the applk information on subdividing this property was achieved. They will be cot Home Depot parcel with the Expo Design Center. Regarding the control iss requiring revised control documents (how to maintain building, design stand~ Ms. Heyden announced that the March meeting will be held on March-11 ,~1998 in West Wing, Conference Room C. Ms. Heyden had distributed handouts to the Board, including the agend 9 ~ave gone ight. Plan Both were Heyden such as nt, exact bining the es, staff is ds, etc.). ~dnesday, for special PLANNING AN D DEVELOPMENT BOARD MEET~ NG meeting on Thursday (workshop). She encouraged Board members to ttend this meeting. Mr. Rosenstock suggested in the future that when regular meeting dates changed that Ms Heyden consult with members of the Board to asc~rtain'l'7 tOtheirbe availability. None 7, OLD BUSINESS NEW BUSINESS Zoning Code Variance Owner: Boynton JCP Associates, Ltd. Location: 301 N. Congress Avenue Description: Request for a zoning code variance to reduce [he numbe~ of required parking spaces from 6.195 to 5,553 (a ratio of once (1) (1) space per 222.225 square feet of gross leasable floor pace in connection with construction of department store "F" (pro)sed Dillards)). At this time, Attorney Pawelczyk swore in all those who planned to testify on ny item on the agenda this evening. Chairman Wische opened the public hearing. 9 PLANNING AND DEVELOPMENT BOARD MEETING Mr. Tom Sliney, Attorney for the owner of the Boynton Beach Mall addresse and reiterated the request for a zoning code variance as detailed above. the Board that the City Commission had previously approved th 9 developm the remaining department stores at the mall, including the parking g~ introduced members of the audience who were connected with the develo detailed some reasons the applicant was requesting the variance and why approved. He said the main reason was that the parking garage would nol and there was plenty of parking spaces, and that the existing ratio of 1:; ceXCeSsive requirement for a mall of this size, He also mentioned econor onnected wi;~h the new Dillards, including assessed valuaton and city sal saidthe owner would not want to make it difficult for people to park1 Mr. Sliney complimented and thanked the city staff for their help and assist~ project. Mr.- Sliney then introduced Mr. Timothy .Da ey, 7908 Westfield Indianapolis, IN who showed pictures of the proposed D ard's Departmen [ the Board ; reminded ;nt p!an for rage. He )ment, and should be be needed :)0 was an ~c benefits ;s tax. He [ce on this BOulevard, Store and the proposed parking area. constructed, and that there would 9e ample parking available. He background information on Dillards and how the proposed store would e Mall. He explairfed how the ,proposed park ng area would be presented hance the At this point, Chairman Wische introduced Mayor and Mrs. Taylor Mr. Daley then introduced Mr. Tom rVlarsikano, of Tampa Florida, PIE mentioned his association with the Boynton Beach Mall. He spoke abou.,~ parking areas in Florida have been evolving over the years, and how today are different. Chairman Wische then invited the public to address the Board. Mr. Frank Vito, 3545 Old Boynton Road expressed his concerns about property space, and off-street parking. Mr. Aguila explained that the tern parking" as mentioned in a letter Mr. Vito had received was confusing, referred to a chapter. The Board assured Mr. Vito that no off-street p involved with this project. There being no other persons from the audience who wished to address Chairman Wische closed the public hearing, and opened the meeting to com the Board. Mr. Dub 6asked how other retail stores felt about the reduction in parking: Daley replied that they were in the process of modifying the REA, and were 9 lner. He how other standards sing more "off-street ~nd that it ~rking was :he Board, 3ents from Pace. Mr. in contact PLAN NING AND DEVELOPMENT BOARD MEETING with the other stores m order to come to an agreement with them Mr. Freidland referred to page 12 of the handout, and mentioned that problem with the project and that he would endorse it. Mr. Reed agreed concerned about the zoning codes. Chairman Wische read page 3 of the ha a brief discussion was held with further input from the previous speakers. Mr. Myott asked about further expansion and proposed renovation of the Daly mentioned the mall would undergo renovations n 1999, and detaile( them for the Board. He also mentioned that Maoy's has the legal right to e) third level, and that the parking vanance w II cover the expansion should it 0c¢ MOTION Mr. Dub6 moved to approve the request for a zomng code variance to r~ number of required parking spaces from 6,195 to 5,553 Ia ratio of one (1) ~ 200 square feet of gross leasable floor space to one (1) space per 222.225 sc of gross leasable floor space in connection with construction of department (proposed Dillards)). (A brief discussion was held on the motion regardir codes, but no amendment was added to this motion). Mr. Aguila seconded th which carried unanimously. B. SITE PLANS New Site Plaq Owner: Location: Description: Norman J. Michael, Milor Corporation Southwest corner of SW 13th Street and Golf Road living facility on 4.69 acre parcel of land. 9 saw no but was ~dout, and ~all. Mr. some of )and to a Ir. duce the pace per uare feet store "F" zoning motion, PLANNING AND DEVELOPMENT BOARD MEETING Mr. Gregory Miklos Applicant, Miklos & Associates, 2263 NW Boynton Boulevard addressed the Board. Chairman Wische asked Mr. Miklos which staff comments he was ~n agreement with and which ones he needed to clarify or d ~scuss. In r,~.gards to Item #21, Mr. M klos asked if the city wanted them to finish paving the c[ I-de-sac. Ms.~Heyden answered yes, that it was a city requirement that any unimpro~ sd street abutting property being deve!oped must be comp eted (swale installed, so(~ded and paved). Mr. Mikl0s agreed to comply. Mr. Miklos then asked, in regards to Item #23 mentioned in a prior meetin~ that he believed it was agreed that he wasn't going to stripe the road, but paint the c~ 'b in lieu of striping. Ms. Heyden agreed. In regards to #45, Mr. Miklos said he would provide colored elevations of all sides of buildings as stipulated. Chairman Wische opened the public hearing at this time. Mr. Peter R, yland of 1311 SW~29 Avenue addressed the Board. He was concerned about the proposed auilding, and felt it was very large in comparison to the surround ng area, Mr. Ryland ~ alained that an ~bjection was voiced along with a group of pettioners who stated that this proposed building was not an ACLF. He also spoke of the usage that includ~ d higher levels of nursing and staffing, medical waste pickups etc, He was also cz ncerned about potential tru;cks and noise on the peripheral road along the canal. He also mentioned objections to fencing. Chairman Wische thanked Mr. Rylanc for his comments and closed the public hearing. The Board spoke briefly about various ~ssues including the fact that the facili' / was in fact an ACLF, and that nothing that had already been proposed and agreed )on was being changed. Mr. Aguila said he felt residents would be better protected a solid wail. The applicant had agreed to all court ordered recommendations. MOTION Mr. Aguila moved to approve the request for site plan approval to construct a 1105 bed assisted living facility on 4.69 acre parcel of land on the Southwest corner of~W 13th Street and Golf Road, including th~ revised comment ~-45 and with the clarific~ation on comment #23 instead of the yellow diagonal striping with the words "Emergency Vehicles Only" in the loading zone area, that the applicant would provide a pair ted curb and appropriate signs. Mr. Dub 6seconded the motion, which carried unanimol Sly. 9 PLANNING AND DEVELOPMENT BOARD MEETING 8. OTHER None, 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no further business to come before the Board, Mr. Rosenstoc adjourn the meeting at 7:45 PM. Mr. Friedland seconded the motion wh unanimously. 9 mOved to .'h carried