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Minutes 03-12-96MINUTES OF Tlq-E PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 12, 1996, AT 7:00 P.M. P~SE~ Stanley Dub6, Chairman Jim Golden, Vice Chairman Dave Beasley Robert Elsner Pat Frazier, Alternate ABSENT Maurice Rosenstock James Titcomb Lee Wische William Burton, Alternate Tambri Heyden, Director of Planning and Zoning Mike Rumpf, Senior Planner 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:00 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dub6 introduced the members of the Board. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Vice Chairman Golden moved to approve the agenda as submitted. Mr. Beasley seconded the motion, which carried 5-0. 4. APPROVAL OF MINUTES Ms. Frazier advised that she did not receive the mhautes of the last meeting. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 Motion Vice Chairman Golden moved to approve the minutes of the February 13, 1996 meeting. Mr. Beasley seconded the motion, which carried 4-0. Ms. Frazier abstained since she did not receive the minutes. 5. CO--CATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month's agenda items Ms. HeYden reported on what transpired at the last City Commission meeting relative to the items that Were before this board last month. Charter Drive North - Both abandonments were approved subject to providing easement agreements. The problems with access were resolved. The applicant is now working on getting the recorded easements for the City. Once the City receives them, resolutions can be adopted. Hills of Lake Eden - The rezoning was approved subject to the following conditions: 2. 3. 4. 5. 6. 7~ The preservation areas will be tracts instead of easements. The landscape buffers along Seacrest and Swinton will remain easements. The sidewalks will be on one side. The building height was allowed to be 33 feet. The roads (private rights-of-way) have to be 40 feet wide. A gated egress was approved onto Seacrest only. The minimum square footage under air must be 2,400, and the average square footage under air must be 2,600. This item is going to the Commission next Tuesday for second reading. High Ridge Commerce Center - The use approval to allow wholesale distribution and service of turf equipment was apProved subject to environmental review. 2 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 Boymon Commerce Center - The application for use approval for a communication tower was withdrawn. An agreement was reached with the applicant relative to locating the tower on City- owned property. Tara Oaks - The site plan was approved subject to all staffcomments, including the use of trash compactors instead of dumpsters. Ms. Heyden stated that this was a good solution to the mount of trash that will be generated by a project of this size. The KilpaUick Company - The site plan was approved subject to staff commems, including the recommendation about screeding the nnrtheast corner of the property. (2) Update of Evaluation Appraisal Report - Comprehensive Plan Ms. Heyden advised that staff is working on this with a consultant. The deadline is quickly approaching. Staffis trymg to set up the first LPA/Planning and Development Board workshop during the week of March 26. There will probably be workshops on April 18 and April 23, prior to the May 1st transmittal date to the State. There will also probably be at least one workshop prior to the two public hearings that are required for adoption in July. 6. OLD BUSINESS None. 7. NEW BUSINESS A. PUBLIC HEARING Future Land Use Amendment/Rezoning Chairman Dub~ advised that the seven enclaves on the agenda have already been annexed and are before this board to determ/ne if the zoning is m concurrence with our current plans. Mr. Rumpf used the overhead projector ro point out the location of each enclave, and reviewed the current County zoning and land use, and the proposed City zoning and land use. The proposed reclassifications are in accordance with the already designated Comprehensive Plan Furore Land Use Map recommendations which were'adopted ha 1989. The City's proposed reclassifications and rezonings are equivalent to the County's. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 Project Name: Applicant: Location: Description: Enclave #6 City of Boynton Beach Two parcels totaling 1.89 acres located on the east side of Lawrence Road approximately 800 feet north of Gateway Boulevard Request to amend the land use from MR/5, Medium Residential/5 (County to Low Density Residential (City) and rezone from RS, Residential Single-Family (County) to R-1-AAB, Single-Family Residential (City). Enclave 6 is comprised of two large parcels containing two single-family homes. No one in the audience wished to speak on this item. Therefore, Chairman Dub6 closed the Public Hearing. Motion Vice Chairman Golden moved to recommend approval of the Future Land Use Amendment/Rezoning for Enclave 6 based on consistency with the Comprehensive Plan. Mr. Beasley seconded the motion, which carried 5-0. Project Name: Applicant: Location: Description: Enclave g7 City of Boynton Beach A 0.41 acre parcel approximately 250 feet west of Winchester Park Boulevard on the south side of Old Boynton Road Request to amend the land use from CH/8, Commercial High Intensity/8 (County) to Local Retail Commercial (City) and rezone from AR, Agricultural Residential (County) to C-3, Community Commercial (City). This site is occupied by Florida Gas utility. No one in the audience wished to speak on this item. Therefore, Chairman Dub6 closed the Public Hearing. 4 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 Motion Vice Chairman Golden moved to recommend approval of the Future Land Use Amendment/Rezoning for Enclave 7 based on consistency with the Comprehensive Plan. Dr. Eisner seconded the motion, wh/ch carried 5-0. o Project Name: Applicant: Location: Description: Enclave #10 City of Boynton Beach Two parcels totaling 4.36 acres located on the north side of Mission Hill Road, east ofi-95 and west afthe LWDD E-4 Canal Request to amend the land use from INST Institutional (County) to Public and Private Governmental/Institutional (City) and rezone from AR, Agricultural Residential (County) to PU, Public Usage (City). Mr. Rumpf advised that the parcel in the southeast comer of this enclave is City-owned and occupied with utility equipment. The remainder is owned and occupied by the Delray Beach Fraternal Order of Police Lodge. In response to some concerns of Christine Moeller, 3519 Diane Drive, Mr. Rumpf explained thai there are no proposals to change the property This is merely City initiated action to place City zoning and land use applications on the parcels. Tlie zoning that is being placed on these enclaves corresponds to the uses. Ms. Heyden added that no development or changes are being proposed on any of these parcels. The City has annexed these properties and now needs to take the Palm Beach County zoning and land use and convert it into a comparable City zoning and land use. The City has tried to match up what the County allows and what the City allows and come up with a comparable zoning and land use. In some cases, there are going to be some differences that will allow uses that were not allowed. In other cases, ir might prohibit certain uses that were not prohibited under the County zonmg. This has no bearing on how the FOP operates or can continue to operate. If the FOP has plans for expansion, etc., they have to go through the City's approval process. Ms. Moeller asked who would the neighbors go to if they were to have a complaint about the upkeep of this property. Chairman Dub6 advised her that they should contact the City's Code Enforcement Unit. 5 MINUTES PLANNING AND DEVELOPMENT BOARD BOY-NTON BEACH, FLORIDA MARCH 12, 1996 No one else wishing to speak, Chairman Dub6 declared the public hearing closed. Motion Vice Chairman Golden moved to recommend approval of the Furore Land Use Amendment/Rezoning for Enclave 10 based on consistency with the Comprehensive Plan. Dr. Eisner seconded the motion, which carried 5-0. Project Name: Applicant: Location: Description: Enclave #11 City of Boynton Beach A 3.72 acm parcel approximately 200 feet east of Lake Drive Extension between S.W. 38th Court and Pine Ridge Road (protrudes into northeastern portion of Lake Ida). Request to amend the land use from LR/2, Low Residential/2 (County) to Low Density Residential (City) and rezone from AR, Agricultural Residential (County) to R-1-AAB, Single-Family Residential (City). No one wishing to speak on this item, Chairman Dub6 declared the public hearmg closed. Motion Vice Chairman Golden moved to recommend approval of the Future Land Use Amendment/Rezoning for Enclave 11 based on consistency with the Comprehensive Plan. Mr. Beasley seconded the motion, which carried 5-0. Project Name: Applicant: Location: Description: Enclave #13 City of Boynton Beach Two parcels totaling 0.57 acres approximately 750 feet north of Gulfstream Boulevard on the east side of Old Dixie Highway Request to amend the land use from C/5, Commercial High (County) to General Commercial (City) and rezone from CG, General Commercial (County) to C-4, General Commercial (City). No one in the audience wished to speak on this item. Therefore, Chairman Dub6 closed the Public Hearing. 6 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 Motion Vice Chairman Golden moved to recommend approval of the Furore Land Use Amendment/Rezoning for Enclave 13 based on consistency with the Comprehensive Plan. Mrs. Frazier seconded the motion, which carded 5-0. Project Name: Applicant: Location: Description: Enclave #14 City of Boynton Beach One 0.06 acre parcel approximately 800 feet north of Gulfstream Boulevard on the west side of U.S. Highway 1 Request m amend the land use from C/5, Commercial High (County) to Local Retail Commercial (City) and rezone from CG, General Commercial (County) to C-3, Community Commercial (City). No one in the audience wished to speak on this item. Therefore, Chairman Dub6 closed the Public Hearing. Motion Vice Chairman Golden moved to recommend approval of the Future Land Use Amendment/Rezomng for Enclave 14 based on consistency with the Comprehensive Plan. Dr. Eisner seconded the motion, which carried 5-0. Project Name: Applicant: Location: Description: Enclave #15 City of Boynton Beach Numerous lots totaling 3.86 acres located between the F.E.C. Railroad tracks and Old Dixie Highway, approximately 850 feet southwest of U.S. Highway 1 Request to amend the land use from MR 5, Medium Residential 5 (County) to Medium Density Residential (City) and rezone from RM, Residential Multi-Fam/ly (County) to R- 1, Single-Family Residential-east of Sunset Road; R-2, Single and Two Family District-west of Sunset Road (City). Sharri Roser, 3813 North Old Dixie, purchased a building on Old Dixie in 1978. It was grandfathered m in 1960 as a commercial building with a hair styling salon. She has had this MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 business for 30 years. She asked what is going to happen with the zomng and if she can remain a commercial business. Mr. Rumpf stated that the subject use has been in operation for several years and is considered a legally nonconforming use in the County. The City's rezoning will continue this nonconforming status. The property ow~ner will be notified that a City occupational license is required, at which time we will formally recognize the legally nonconforming status of it based upon County records, and it will stand as it is for an undetermined amount of time, as long as our Code is sat/sifted with respect to nonconformmg uses. Mr. Beasley asked ifthere are any other commercial uses on this strip. Mr. Rump£advised that there are no detectable commercial uses on that strip. Chairman Dub6 read the last sentence on page 13 of Planmng and Zoning Deparunent Memorandum No. 96-119, which states as follows: "The commercial business, a hair salon, has been licensed in the County since 1988, and the status of this business in the County as a legally non-conforming use will be recognized by the City when the business will be required to be licensed bv the City (the City will notify the proprietor of this requirement during the City's occupational license annual renewal period which occurs in September)." Chairman Dub6 reiterated that Ms. Roser will be notified that she must obtain a City occupational license in September. Ms. Roser asked how this will affect addresses. Mr. Rumpf advised that addresses will remain unchanged. Vice Chairman Golden advised Ms. Roser that she can continue to operate her business as long as she floes not expand her business beyond its current status and scope. Scott Kipp, 3456 Old North Dixie, said he is purchasing a lot of property in this area. The noise from the railroad tracks disturbs the residents. Since he has cleared the property, the noise is a lot louder. He would like to zone some of those lots C-4. Ms. Heyden stated that the Planning and Zoning Department would not recommend zoning this property commerCial because the proposed land use and zoning (residential) are inconsistent with the Comprehensive Plan. However, this would not preclude Mr. Kipp from filing a land use plan 8 MINUTES PLANNING ANDDEVELOPMENT BOARD BOYNTONBEACH, FLOR1DA MARCH 12, 1996 application with the City. She recommended that Mr. Kipp set up an appointment with someone in her department to discuss what is in the Comprehensive Plan so that he does not invest money in property only to find out that it may not be consistent with his plans. Alan Kanouse, 3805 Periwinkle Lane, asked for assurances that everything will remain status quo. He did not want to have to change his address. Chairman Dub6 explained to him that no one can predicate what will happen in the furore. No one else in the audience wished to speak on this item. Therefore, Chairman Dub6 closed the Public Hearing. Motion Vice Chairman Golden moved to recommend approval of the Future Land Use Amendment/Rezoning for Enclave 15 based on consistency with the Comprehensive Plan. Dr. EiSner seconded the motion, which carried 5-0. B. Discussion Zoning code change to add not-for-profit community center as a permitted use in the M-I, Light Industrial, zoning district Mr. Beasley had no problem with this zoning code change. Vice Chairman Golden had no problem with this request either; however, he pointed out that some community centers may have a lot of children. Depending on where the community center is located and what is next to it, there could be a lot of truck traffic and industrial type activity that may be incompatible with the younger population. He did not see a particular problem with this particular request; however, he was thinking about others that may come in for approval in the furore. Ms. Heyden felt this was a good point and will pass it along to the City Commission. Chairman Dub6 referred to Ms. Heyden's comment about where people will park if they ever fill the place up with 188 seats. He asked if'they ever had more than 59 cars. A gentleman in the audience from Kilday & Associates, who assisted the Jewish Federation with this application, indicated that there is an average of about 6 cars at any one time. Vice Chairman Golden pointed out that there are other sites in the City that meet Code, but because of the intensity of an actiVitY on a certain night, the parking might spill over onto neighboring properties. He said there are always a few that defy the norm. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 12, 1996 Looking at the scheduled activities in the program guide, and the times that they are going to occur, Ms. Heyden felt there will be some benefit with sharing parking with the other bays, even though a shared parking concept was not approved. None. 9. COMMENTS BY MEMBERS ADJOURNMENT There being no further business to come before the Board, the meeting was adjoin'ned at 9:15 p.m. Eve Eubanks Recording Secretary (One Tape) 10