Loading...
Minutes 07-08-97 MINUTES OF THE PLANN NG & DEVELOPMENT BOARD MEETING HELD IN CONFERENCE ROOM "C,', WEST WING, BOyNTON BEACH, FLORIDA, ON TUESDAY, JULY 8, 1997, AT 7:00 P.M, PRESENT J. Stanley Dub6, Chairman Jim Golden, Vice Chairman Jos6 Aguiia Pat Frazier Marshall Friedland Maurice Rosenstock Lee Wische , Steve Myottl Alternate James Reed, Alternate Tambri Heyden, Planning & Zoning Director Jerzy Lewicki, Assistant Planner Mike Pawelczyk, Asst. City Attorney 1. PLEDGE OF ALLEGIANCE Chairman Dub~ called the meeting to order at 7:02 p.m, and led the Pledge of Allegiance to the Flag. Chairman Dubb acknowledged the passing of Milan Knor, Director of Development. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman DUb6 acknowledged the presence in the audience of Vice Mayor Jamie Titcomb and Commissioner Shirley JaskieWicz, and introduced Assistant City Attorney Mike Pawelczyk and the board members. James Reed, board alternate, had not yet arrived. 3. AGENDA APPROVAL Chairman Dub6 requested the addition of an item which would address the election of board chairperson and Vice chairperson. However, Mr. Rosenstock felt this would be out of order since the members did not receive due notice. Attorney Pawelczyk advised that the election item should have been listed on the agenda. In addition, he requested that "Swearing in of Witnesses" be added on future agendas following Approval of Minutes. Therefore, the next meeting agenda is to include "Swearing in of Witnesses" and "Election of Chair and Vice Chair". MS. Heyden pointed out that "Swearing In of the Witnesses" does not appear on the City Commission agenda. She questioned why it must be included on the agenda for this board. Attorney PawelCzyk explained that there is no requirement for this item, but he would like it included for notice purposes since this is a quasi-judicial board. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 8,1997 Mr. Aguila will briefly discuss the Pete Rose sign under Item 8, "Comments by Members". Motion Mr. Aguila moved to approve the agenda as amended. motion which carried unanimously. 4. APPROVAL OF MINUTES Vice Chairman Golden moved to approve. unanimously. 5. Vice Chairman Golden seconded the Mr. Aguila seconded the motion which carried COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department '1. Disposition of Last City Commission Meeting Agenda Items Ms. Heyden reported the at their meeting of July I 1997. the City Commission approved the rezoning of the Heise PCD with staff comments and with the Planning & Development Board recommendations including the deletion of the overhead doors facing Congress Avenue. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications Chairman Dubb referred i:o a request for neon lighting that appears twice on the report. He q uestioned why requests such as this are not denied immediately considering the Planning & Development Board's position and the City Commission's position on this type of lighting. Ms. Heyden advised that a design appeal would have to be filed. Therefore. such a request remains on the report until the appeal is submitted. If the applicant decides not to request an appeal, the request goes to the deadbeat file after six months if the Building Department tracks it. There is no automatic system to remove the deadbeats. Ms. Heyden will bring this to the attention of the Building Department. Mr. Aguila ~s concerned about items such as this appearing on the report because when they are finally removed, he does not know whether or not these requests are being approved without having come to this board. He would like to be able to see how and when a request is disposed of. Motion Mr. Rosenstock moved that this board request that the Planning Department add a column to the site plan review report marked "Disposition and Date of Disposition". Mr. Wische seconded the motion. 2 MEETING MINUTES PLAN NING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 8,1997 Mr. Rosenstock explained that the purpose of this column is to let the members know what has happened with the request. Mr. Rosenstock amended his motion to have the Planning Department replace the column marked "Approval Date" with a column marked "Disposition". Mr. Wische agreed to the amended motion. The motion carried unanimously. Mr. Aguila asked for a status report on the dry cleaners. Ms. Hoyden said this item has been taken Off the list. Two years ago. this request came through as a new site plan approval. When sucha request gets to permitting, if there is a discrepancy in the layout of parking or a change to the building which is different from the approval, staff ~]oes througt~ the request to determine whether it iS a major or minor site plan modification. The changes were different than what was approved, but still minor enough to let it go through the process without coming back tothe board Ms. Hoyden does not know what changes were requested. Mr. Lewicki discussed this request with Mr. Haag today. The applicant pulled a permit, but the permit expired. They are trying to get this project started again. He stated that once the permit is issued, it does not have a sunset clause. Mr. Aguila disagreed and pointed out that the permits expire m 180 days of issuance if there is action. Vice Chairman Golden noted the expansion of a nonconforming use regarding Showtime. He asked for an explanation. Ms. Heyden advised that this request is now being battled by our attorneys and the applicant's attorneys. There is adjacent property to the south of Showtime that they want to acquire, and plan to expand their use to that building. Mr. Rosenstock said it has been a state policy of the City Commission to expedite vadous applications. In the report, he noticed requests by Hunters Run, Cambridge and Woods for a rear patio and side room addition that have been pending since June 2~ 1997. He pointed out that people have put on rear patios and side room additions in Hunters Run approximately 600 times. There is nothing different about this application other than the contractor's name. He questioned why it takes so long to approve such a request. Ms. Hoyden explained that the time period depends on the condition of the application at the t~me of submittal. She feels confident that the applicant has not addressed the first round of commen[s. Mr. Lewicki explained that in doing permitting, his major concern is that on many applications. he cannot read the plans and a great deal of information is missing, t took multiple generation of comments to clarify the request. In addition, many projects are sitting in a basket for weeks with no one coming in to address those comments. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 8,1997 Mr. Myott recalled that the Planning & Development Board requested that signage proposals be included with presentations. He questioned whether applicants have been notified of this procedure. Ms. Heyden advised that this procedure has been put in place and the board members will be seeing evidence of this in the very near future. Vice Chairman Golden inquired about the exterior renovations for Boynton Plaza. Ms. Heyden was unable to provide a response. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING Zoning Code Variance Project: Owner: Location: Description: 142 NE 6th Avenue Tommie L. Green 142 NE 6th Avenue Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.1 .C.1 .b.- Nonconforming Lots, to allow construction of a single- family home on a nonconforming lot having a lot area of 4,800 square feet (rather than the minimum of 5,000) in the R-2 (single and two-family) zoning district. Chairman Dub8 pointed out that since the original houses were built, the zoning has been changed. Mr. Green is now being punished because he is being required to have 5,000 square feet while everyone else around him has 4,800 square feet. Attorney Pawelczyk administered the oath to Tommie Green of 2650 NW 2"d Street. Mr. Lewicki advised that he had nothing additional to add about this request that was not already said by Chairman Dubb. Staff has no objection to this request. Mr. Green said he began work on this project on December 10, 1996. He urged the members to approve his request so that he can move forward. Chairman Dub6 announced the PUBLIC HEARING. 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 8,1997 Ida Aiken, 136 NE 8th Avenue. is not opposed to approval of this request, but questioned how an approval would affect her property. She is concerned that Mr. Green's house will be too chose to hers. Mr. Lewicki explained that every zoning district requires certain setbacks, According to the site plan, the setbacks of 9' will be met between the external wall of the building and the side property line. There will be 20' rear anc front setbacks. Mr. Wische explained to Ms. Aiken that the distance from her home to this proposed home will be no different from the distance of the existing home. Mr. Aguila added that there will be approximately 16' between the houses. Mr. Green pointed out that this parcel of land has been a nuisance because of trash piles, He plans to improve this property. Motion Mr. Friedland moved to grant the variance. Mr. Wische seconded the motion which carried unanimously. B. OTHER Abandonment 1. Project: Agent: Owner: Description: High Ridge Commerce Park PID J. Richard Harris, Esq. Southern-most 25' of the High Ridge Commerce Park PID, located at the northeast corner of High Ridge Road and unimproved Miner Road. Request to abandon a 25' wide buffer easement along the south side of the High Ridge Commerce Park PID Attorney Pawelczyk administered the oath to Mr. Rick Harris, representing Condor Investments. Mr. Lewicki had nothing additional to offer other than what was included in the back-up material. Mr. Harris advised that the road was abandoned and the buffer easement was relocated. The applicant now has two buffer easements, and they are abandoning the one that was platted. They have reached an agreement with FPL with respect to relocation of the 10' easement. Mr. Harris has prepared the agreement, and is ready to record it. Motion Vice Chairman Golden moved to approve the request to abandon a 25' wide buffer easement along the south side of the High Ridge Commerce Park PID subject to staff comments. Mr. Wische seconded the motion which carried unanimously. 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 8,1997 Chairman Dub6 acknowledged the arrival of City Manager Willis and board alternate, James Reed. Project: Agent: Owner: Location: Description: High Ridge Commerce Park PID J. Richard Harris, Esq. Condor Investments of Palm Beach County, Inc. Southern-most 10' of the High Ridge Commerce Park PID. located at the northeast corner of High Ridge Road and unimproved Miner Road. Request to abandon a 10' wide utility easement along the south property line of the High Ridge Commerce Park PID Motion Vice Chairman Golden moved to recommend abandonment of a 10' wide utility easement along the south property line of the High Ridge Commerce Park PID subject to staff comments. Mr. Rosenstock seconded the motion which carried unanimously. Attorney Pawelczyk reminded Mr. Harris that we will require evidence of the recorded documents prior to preparation of the Resolution. Mr. Harris will provide the Planning Department with the necessary evidence. 8. COMMENTS BY MEMBERS Pete Rose's Sign Mr. Aguila questioned how the Pete Rose's sign was allowed, and asked who looked at the aesthetics of the sign in order to approve it. Ms. Heyden advised that a variance was approved by the Board of Zoning Appeals for that sign. Mr. Aguila expressed his opinion that this is the stupidest configuration of signage that he has seen in a long time: Ms. Heyden explained that staff made a comment relative to combining the two signs into one monument; however, they could not get agreement on this issue. Pete Rose's needed to have its own sign. Mr. Aguila pointed out that what Pete Rose's needed was not in the best interest of Boynton. Election of Chair and Vice Chair Chairman Dub6 pointed out that it is allowable to waive a notice of meeting. He questioned why the election could not be held now with a waiver of notice of meeting since this was an oversight by staff. 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 8, 1997 Attorney Pawelczyk explained that a decision was made earlier in the meeting to hold the election at the next meeting, and pursuant to Robert's Rules, that decision should remain in force. Mr. Rosenstock advised that when a notice of meeting s received, it gives individuals time to prepare themselves for the action they wish to take. That is the purpose for delivering agendas in advance of a meeting. There should be advance notice on something as ~mportant as an election. Ms Heyden apologized for the oversight and explained that the election is always placed on the April agenda, However. because of the changes that were made to the boards, this item was delayed. Attorney Pawelczyk reminded the members that the Sunshine Law prohibits any contact between the members either by phone or face-to-face outside of a public meeting on any item that may come before the board. If anyone has a question regarding the Sunshine Law, please contact Attorney Cherof and Attorney Pawelczyk. Mr. Reed distributed copies of an article from Hemisphere Macazine titled. "Delray Beach Turning the Tide". It is a good summary of what has happened in Delray Beach. ADJOURNMENT Mr. Aguila moved to adjourn the meeting at 7:45 p.m Vice Chairman Golden seconded the motion which carded unanimously. Prainito Recording Secretary (One Tape) 7