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Minutes 01-14-97 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JANUARY 14, 1997, AT 7:00 P.M. PRESENT J. Stanley Dubb, Chairman Jim Golden, Vice Chairman Robert Eisner Maudce Rosenstock Lee Wische Pat Frazier, Alternate James Reed, Alternate ABSENT Josh Aguila Barry Hill Tambri Heyden, Planning & Zoning Director Jerzy Lewicki, Assistant Planner Mike Haag, Planning Coordinator 1. PLEDGE OF ALLEGIANCE Chairman Dub~ called the meeting to order at 7:05 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dub~ introduced the board membem. 3. AGENDA APPROVAL Mr. Wische moved to approve the agenda as presented. Vice Chairman Golden seconded the motion which carried unanimously. 4. APPROVAL OF MINUTES Mr. Wische moved to approve the minutes of the December 10, 1996 meeting. Mr. Rosenstock seconded the motion which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final Disposition of Last Meeting's Agenda Items B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications Agenda Item 5, "Communications and Announcements", was deferred until later in the meeting. 6, OLD BUSINESS: None MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 14, 1997 7. NEW BUSINESS: A. SITE PLANS New Site Plan Project: Agent: Owner: Location: Description: Blockbuster Video At Boynton Lakes Plaza Stephen M. Page Nichols/Page Design Associates, Inc. Boynton Lakes Plaza Partnership c/o FRU-CON Development Corporatio~ SROUtheast corner of Cong[ess Avenue and Hypo uxo Road equest for step an app~val to construct a 5,~00 square foot video store on a .765 acre lea~ed outpamel within the Boynton Lakes Plaza. Mr. Lewicki advised that staff had no comments. Chairman Dub~ questioned whether the applicant had an opportunity to review the 34 conditions of approval. Stephen Paqe, representing Blockbuster, responded affirmatively. Chairman Dub~ asked Mr. Page to address only those conditions with which the applicant had objections or comments. Mr. Pa~oe advised that the only outstanding issue relates to the material board. On a number of occasions, Mr. Page attempted to review each of the comments. However. he was Jrged to review only the objectionable conditions. Mr. Page stated the applicant has an objection to Condition #24 which relates to the material board. rn response to Chairman Dub~'s question, Mr.,Lewicki advised that staff has not yet seen the material board. Ms. Heyden said staff will have to review the material board, and if there are comments, they will go forward to the City Commission. Chairman Dub~ referred to a comment from Development relative to a traffic study. However, in the body of the letter, Ms. Heyden advises that the traffic study is not needed. He questioned why that comment was not deleted. Ms. Heyden advised that she dbes not have the authority to remove that comment. Vice Chairman Golden pointed out that in looking at the site plan, there is a misalignment where the access aisles match up with the existing access aisles. He is concerned about conflicting turn movements between the access aisles for Blockbuster and the ones across from it. He realizes that because of the configuration of the building on this particular parcel, it would be very difficult to change things to rectify this situation Mr. Lewicki agreed that major alterations to the ayout would De required. This ~ssue was not brought up as a discussion item at the TRC. Mr. Wische questioned the reason why the gas station was left out. He explained that he would like to know the traffic flow associated with that gas station to determine whether there will be a problem with what is already existing. Chairman Dubb explained that the lane going into the gas station on the north side (by the restaurant) is closed. However, you can travel from the gas station into the parking lot. The south side is open. 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 14, 1997 Ms. Heyden advised that at the time the shopping center site plan was approved, only one cress-access was required with the Mobil Service Station. That is the access on the south side of the restaurant. Vice Chairman Golden further pointed out that there is a car wash associated with the Mobil Service Station. It would be very difficult to try to include a connector because it would conflict with the ingress and egress of that car wash. Chairman Dubb acknowledged the presence in the audience of Mayor Taylor. Motion Vice Chairman Golden moved to recommend approval of the request for site plan approval for Boynton Lakes Plaza to construct a 5,500 square foot video store on a .765 acre leased outparcel within the shopping center, subject to all staff comments. Mr. Wische seconded the motion which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications Chairman Dub~ remarked about the copy quality of the first page of the report. He was unable to read his copy. (Not all of the copies were of poor quality.) He requested that copies of this quality not be included in the future. Chairman Dub~ noticed on the report that there are a few items that have been on the report since April. He questioned whether they can be declined and removed. Mr. Haag explained that some of these are old flies. The Planning and Zoning Department keeps them open because the Building Department still has an open permit for them. The Planmng and Zoning Department has no control over when the building permit is closed or voided. Therefore, it remains an open item for Planning and Zoning. Chairman Dubb specifically referred to "Carabba's" and "RaceTrac". Both of these items refer to red neon. Ms. Heyden explained that there are two scenarios wh are an open permit can remain on the books. Mr. Haag explained one scenario. The other situation is that the Planning and Zoning Department can be in the process of working with an applicant, and it sometimes takes a long pedod of time for an applicant to resolve an issue. Aisc, there are times when comments have been provided by Planning and Zoning, but the applicant has not come back to resolve the issue. Therefore, the record keeping remains open. Chairman Dub~ pointed out that when a request is turned down administratively, it moves to a review ~)oard other than the Planning and Development Board. He has a concern about this because when a request is not considered minor, it is forwarded to the Planning and Development Board. However, if it is turned down administratively, it bypasses the Planning and Development Board and goes to another board. He realizes that the reason for this procedure relates to a orevious political battle. He feels this procedure should be changed so that these requests come to the Planning and Development Board. The Commission is ready to pass the Ordinance that relates [o this procedure, and Chairman Dub~ feels the Planning and Development Board should have the opportunity to review requests the Planning and Zoning Department deny. Ms. Heyden pointed out that there was only a brief discussion about this at the workshop meeting last week. 3 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 14, 1997 None of the Poard members expressed to the Commission that they would like to see this procedure changed. Chairman Dub~ stated that he did not go into a specific discussion during the workshop meeting because not all of the members were present. At that time, he also wanted to raise the issue of the marina, but delayed that discussion until this meeting when ali members were expected to be present. Consensus There was a consensus of the board that Ms. Heyden forward Chairman Dubb's recommendation to the City Commission before the Ordinance is passed. She clarified that the recommendation is to have Planning and Zoning appeals come beforethe Planning and Development Board rather than a different board. If the Planning and Development Board denies the appeal, it can be forwarded to the City Commission. Chairman Dub~'s recommendation specifically refers to design ~ssues. Mr. Rosenstock felt the City Attorney must provide input on this issue because if the Planning and Development Board denies a request, and the applicant appeals, the applicant cannot come back to the board that originally denied their request. They must go to a higher authority to appeal. Therefore, they would have to go to the City Commission. Chairman Dub~ clarified that his discussion specifica y relates to a denial by the Planning and Zoning Department. These requests should go to the Planning and Development Board before they go anywhere else. From the audience, Mayor Taylor advised Ms. Heyden to raise this issue for discussion at the City Commission meeting before these Ordinances are passed on second reading. Chairman Dub6 also raised the issue of the conceptual review of Mr. Finkelstein's proposal that was made by the Community Redevelopment Advisory Board on Monday evening, He explained that he knows why such a request would go to that board, but feels it should come to the Planning and Development Board. Ms. Heyden explained that CRAB looked at Mr. Finkelstein's proposal at last night's meeting as a courtesy review only. Mayor Taylor advised that he asked the City Attorney to investigate this situation because he has a problem with the fact that not all developments go before the Planning and Development Board. Our Code specifically states that anything in the CRA goes before CRAB and then the City Commission. The Code will have to be changed to change the process. Mayor Taylor mentioned this situation at the workshop meeting, and he will continue to pursue this issue. In response to s. Heydens question Chairman Dub6 requested that this suggestion be passed on to the City Commission as a formal recommendation Chairman Dubb explained that many of the Commissioners were not aware of this situation when they appointed members to CRAB. The people on the CRAB board are qualified in different areas than those on the Planning and Development Board. [3iscussion ensued relative to a suggestion by Mr. Wische to change the CRAB board to landscaping only 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 14, 1997 for the downtown. However, Mr. Rosenstock disagreed because there are conflicting interests between CRAB and the Planning and Dave opment Board. He pointed out that landscaping is part of the plans that are presented to'the Planning and Development Board. He does not see the need to "spin off" another board just to handle landscaping. Ms. Heyden reminded everyone of the Community Appearance Board wh ch existed to rev ew landscap ng Th~ b~ard was eliminated to cut out that layer, and andscape review responsibit t es were given to the Planning and Develbpment Board. Mr. Rosenstock was not in favor of saving any board i!, there was a way to accomp sh what needs to De dong in acco~a~ce with State Statutes re atve to laymen s participation n communit~ government. It is the City'Commiss[on s, re~Qnsib ty to determine the necessar~ boards. He suggested workshopp nga review of ail of the b0a~d~ tb determine if there are conflicting authorities. Those conflicts should be eliminated. Mayor Taylor sa d the City Commission will be addressing this issue. Approximately 60 days ago, a decision was made by'the Commission to leave the CRAB board in existence. However, that was before anyone perceived this problem. The CRAB board handles the entire CRA area. Consensus There was a consensus of the board that the Planning and Development Board should handle anything that has to do with planning and development in the City. B. Report from the Planning and Zoning Department 1. Final Disposition of Last Meeting's Agenda Items The Boulevard Center Land Use Amendment/Rezoning/Comprehensive Plan Text Amendment was postponed at the City Commission. It will go forward on January 21. The Quantum Park Use Approval to amend the list of permitted uses to allow cosmetic man ufacturing was approved. The reference to jewelry manufacturing was deleted. With regard to the master plan modification that was an amendment to the DRI to change the use of the lots BGI is interested in to allow industrial use and research and development, the Commission dropped the condition regarding Note #4 an the master plan. However, pdor to the next future change to a commemiai lot, the applicant must come before the City with a use matrix that would be subrr tted as a regular DRI amendment. The master plan for Orchard Landing was unanimously approved subject to all staff comments. The site plan for the Hills at Lake Eden was approved subject to all staff comments and the Planning and Development Board's recommendations. f. The time extension for Whipowill Arms was denied. Ms. Heyden reminded the members that the LDR workshop was held, but the group left the meeting before MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JANUARY 14, 1997 scheduling a future workshop meeting. That date will be set at the next City Commission meeting. Ms. Heyden w advise the members when the date becomes available. Chairman Dub~ referred back to the discussion about the CRAB boarc~ and Planning and Development Board and suggested the possibility of enlarging the Planning and Development Board to nine regular members and two alternate members. s. Heyden advised that she received a legal op~n~on th~s morning and the manna project w be advertised as a public hearing before the CRNOity Comm ss on, and it Will be ~[ regular site p an rev ew before CRAB It will not be a public headng before CRAB. Chairman Dub~ asked if the project could come before the Planning and Deve opment Board as a courtesy Ms~ Heyden advised that the (~omm ss on would have to make that decision, and the applicant might not want to attend another meeting. In response to Ms. Frazier's question, Chairman Dub6 advised that the Plannina and Development Board members can attend the CRAB meeting on February 10. when this application ~]oes forward. B. OTHER None 8. COMMENTS BY MEMBERS None 9. ADJOURNMENT There being no further business to come before the board, the meeting properly adjourned at 7:40 p.m. Prainito Recording Secretary (One Tape} 6