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REVIEW COMMENTS ! , The City of Boynton Beach ill rn 00 rn u Wi ~ ,/r:!i MAY 2 9~~3 [J}j I ~ PLANNHiG AND ZONiNG DEPT. 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Office of the City Attorney (5tH) 375-6050 FAX: (561) 375-6054 cf'!!'1l ~.... .. May 28, 1998 . Thomas E. Sliney, Esq. Hodgson Russ Andrews Woods & Goodyear, LLP 2000 Glades Road Suite 400 Boca Raton, Florida 33431-8599 VIA FACSIMILE ONLY (561) 394-3862 Re: Bovnton Beach MalllRestrictive Covenant Dear Tom: This is in response to your letter dated April 28, 1998, in which you posed some questions pertaining to the above matter. I have discussed each of your questions with members of the Planning Division for the City and respond as follows: 1. Is there an expiration date for the site plan approval that my clients obtained with the parking deck? At the present time, the site plan for the project does not include a parking deck. The site plan containing the parking deck was replaced by the existing site plan. According to Mike Rumpf in the Planning Division, the expiration date for the existing site plan is one (1) year from the date of approval. 2. Does the recently issue parking variance approval which reduced the parking ratio to 4.5 have any effect on the prior site plan (which included the parking deck)? That is, hypothetically, could my client still go ahead with the original plan with the parking deck? The recently issued parking variance approval reducing the parking ratio has no effect on the site plan containing the parking deck. Said site plan has been replaced by a new site plan. Further, approval of the parking variance was recommended by the Planning and Development Board and granted by the City Commission after each board was presented with facts and infromation indicating "An Equal Opportunity/ Affirmative Actionl ADA Employer" MINUTES OF THE PLA H AND DEVELOPMENT BOA~ t ETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON - TUESDAY, FEBRUARY 10,1998 AT 7:00 PM PRESENT Lee Wische, Chairman Jim Reed, Vice Chairman Stan Dubs Mike Friedland Maurice Rosenstock Steve Myott, Alternate Jose Aguila Tambri Heyden, Planning & Zoning Director Michael Pawelczyk. Assistant City Attorney ABSENT Pat Frazier 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:05 PM. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF STATE REPRESENTATIVE AND DIRECTOR OF DEVELOPMENT FROM AUDIENCE. Chairman Wische introduced the members of the board, Attorney Pawelczyk and the Recording Secretary, and acknowledged the presence of State Representative Bill Andrews and Director Kastartak in the audience. (Mayor and Mrs. Taylor arrived approximately 7:20 and were acknowledged by Chairman Wische.) 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Mr. Dube moved to approve the agenda as submitted. Mr. Aguila seconded the motion, which carried unanimously. 4. APPROVAL OF MINUTES No additions. deletions, or corrections were made to the minutes of the last meeting. 00 rn n \'!l rn fn' !' , r.:=o -, '7 .. ,1 I\-;~ _! (J 1 PLANNING ANO ZONING DEPT -----.---.----- MINUTES PLANNING AND DEVEL\JPI.. _NT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 10, 1998 Motion Mr. Dube moved to approve the minutes of the January 27, 1998 me,sting as submitted. Mr. Myott seconded the motion, which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report 1. Final disposition of two of the five January 27, 1998 Planning & Development Board meeting agenda items. Ms. Heyden reported the following: Two of the five items from last meeting have gone through the City Commission process; the other three will be going Tuesday night. ../ The two that have been finalized are the Shoppes of Woolbright PCD Master Plan Modification and"Shoppes of Woolbright - Home Depot Expo Design Center. Both were approve by City Commission subject to comments from this Board. Ms. Heyden reminded the board of various issues that had been previously discussed such as replatting, PCD subdividion, etc. In further discussions with the applicant, exact information on subdividing this property was achieved. They will be combining the Home Depot parcel with the Expo Oesign Center. Regarding the control issues, staff is requiring revised control documents (how to maintain building, design standards, etc.). B. Rescheduled Meeting Date. Ms. Heyden announced that the March meeting will be held on Wednesday, March 11, 1998 in West Wing, Conference Room C. Ms. Heyden had distributed handouts to the Board, including the agenda for special meeting on Thursday (workshop). She encouraged Board members to attend this meeting. Mr. Rosenstock suggested in the future that when regular meeting dates need to be changed that Ms. Heyden consult with members of the Board to ascertain their availability. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING 2 MINUTES PLANNING AND DEVE1..~~ ..,ENT BOARD MEETING BOYNTON BEACH, FLORIDA - FEBRUARY 10, 1998 Zoning Code Variance J Boynton Beach Mall Thomas E. Sliney, Esq Boynton JCP Associates, Ltd. 301 N. Congress Avenue Request for a zoning code variance to reduce the number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) space per 200 square feet of gross leasable floor space to one (1) space per 222.225 square feet of gross leasable floor space in connection with construction of department store "F" (proposed Dillards )). 1. Project Agent: Owner: Location: Description: At this time, Attorney Pawelczyk swore in all those who planned to testify on any item on the agenda this evening. Chairman Wische opened the public hearing. Mr. Tom Sliney, Attorney for the owner of the Boynton Beach Mall addressed the Board and reiterated the request for a zoning code variance as detailed above. He reminded the Board that the City Commission had previously approved the development plan for the remaining department stores at the mall, including the parking garage. He introduced members of the audience who were connected with the development, and detailed some reasons the applicant was requesting the variance and why it should be approved. He said the main reason was that the parking garage would not be needed and there was plenty of parking spaces, and that the existing ratio of 1 :200 was an excessive requirement for a mall of this size. He also mentioned economic benefits connected with the new Dittards, including assessed valuation and city sales tax. He said the owner would not want to make it difficult for people to park. Mr. Sliney complimented and thanked the city staff for their help and assistance on this project. Mr. Sliney then introduced Mr. Timothy Daley, 7908 V\lestfield Boulevard, Indianapolis, IN who showed pictures of the proposed Dillard's Department Store and the proposed parking area. He explained how the proposed parking area would be constructed, and that there would be ample parking available. He presented background information on Dittards and how the proposed store would enhance the Mall. At this point, Chairman Wische introduced Mayor and Mrs. Taylor. Mr. Daley then introduced Mr. Tom Marsikano, of Tampa Florida, Planner. He mentioned his association with the Boynton Beach Mall. He spoke about how other 3 MINUTES PLANNING AND DEVELuPhr.cNT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10, 1998 parking areas in Florida have been evolving over the years, and how today's standards are different. Chairman Wische then invited the public to address the Board. Mr. Frank Vito, 3545 Old Boynton Road expressed his concerns about losing more property space, and off-street parking. Mr. Aguila explained that the term "off-street parking" as mentioned in a letter Mr. Vito had received was confusing, and that it referred to a chapter. The Board assured Mr. Vito that no off-street parking was involved with this project. There being no other persons from the audience who wished to address the Board, Chairman Wische closed the public hearing, and opened the meeting to comments from the Board. Mr. Dube asked how other retail stores felt about the reduction in parking space. Mr. Daley replied that they were in the process of modifying the REA, and were in contact with the other stores in order to come to an agreement with them. Mr. Freidland referred to page 12 of the handout, and mentioned that he saw no problem with the project and that he would endorse it. Mr. Reed agreed, but was concerned about the zoning codes. Chairman Wische read page 3 of the handout, and a brief discussion was held with further input from the previous speakers. Mr. Myott asked about further expansion and proposed renovation of the mall. Mr. Daly mentioned the mall would undergo renovations in 1999, and detailed some of them for the Board. He also mentioned that Macy's has the legal right to expand to a third level, and that the parking variance will cover the expansion should it occur. MOTION Mr. Dube moved to approve the request for a zoning code variance to reduce the number of required parking spaces from 6,195 to 5,553 (a ratio of one (1) space per 200 square feet of gross leasable floor space to one (1) space per 222.225 square feet of gross leasable floor space in connection with construction of department store "F" (proposed Dillards)). (A brief discussion was held on the motion regarding zoning codes, but no amendment was added to this motion). Mr. Aguila seconded the motion, which carried unanimously. 4 MINUTES PLANNING AND DEVEL~t- ."iENT BOARD MEETING BOYNTON BEACH, FLORIDA - FEBRUARY 1 0, 1998 B. SITE PLANS New Site Plan 1 . I Project Agent: Owner: Location: Description: Grand Park ALF of Boynton Beach Gregory Miklos, Miklos & Associates Norman J. Michael, Milar Corporation Southwest corner of SW 13th Street and Golf Road Request for site plan approval to construct a 105 bed assisted living facility on 4.69 acre parcel of land. Mr. Gregory Miklos, Applicant, Miklos & Associates, 2263 NW Boynton Boulevard addressed the Board. Chairman Wische asked Mr. Miklos which staff comments he was in agreement with, and which ones he needed to clarify or discuss. In regards to Item #21, Mr. Miklos asked if the city wanted them to finish paving the cul-de-sac. Ms. Heyden answered yes, that it was a city requirement that any unimproved street abutting property being developed must be completed (swale installed, sodded and paved). Mr. Miklos agreed to comply. Mr. Miklos then asked, in regards to Item #23 mentioned in a prior meeting that he believed it was agreed that he wasn't going to stripe the road, but paint the curb 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 Ryland of 1311 SW 29 Avenue addressed the Board. He was concerned about the proposed building, and felt it was very large in comparison to the surrounding area. Mr. Ryland explained that an objection was voiced along with a group of petitioners who stated that this proposed building was not an ACLF. He also spoke of the usage that included higher levels of nursing and staffing, medical waste pickups etc. He was also concerned about potential trucks and noise on the peripheral road along the canal. He also mentioned objections to fencing. Chairman Wische thanked Mr. Ryland for his comments and closed the public hearing. The Board spoke briefly about various issues, including the fact that the facility was in fact an ACLF, and that nothing that had already been proposed and agreed upon was being changed. Mr. Aguila said he felt residents would be better protected by a solid wall. The applicant had agreed to all court ordered recommendations. 5 MINUTES PLANNING AND DEVEL~......cNT BOARD MEETING BOYNTON BEACH, FLORIDA FEBRUARY 10, 1998 MOTION Mr. Aguila moved to approve the request for site plan approval to construct a 105 bed assisted living facility on 4.69 acre parcel of land on the Southwest corner of SW 13th Street and Golf Road, including the revised comment #45 and with the clarification 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 painted curb and appropriate signs. Mr. Dube seconded the motion, which carried unanimously. 8. OTHER None. 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no further business to come before the Board, Mr. Rosenstock moved to adjourn the meeting at 7:45 PM. Mr. Friedland seconded the motion which carried unanimously. Fran Avery Recording Secretary (One Tape) 6 . I ~J MINUTES OF - .l - ..ANNING & DEVELOPMENT BOA~ -.J. - riNG UU HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR A, ON TUESDAY, FEBRUARY 24,1998 AT 7:00 P.M. ,,' LS l!1 LS U I!/ l5 U' I i ~25;~ I. PLANNING AND ZONING OEPT. PRESENT Lee Wische, Chairman James Reed, Vice Chairman Jose Aguila Stanley DubS Mike Friedland Maurice Rosenstock Steve Myott. Alternate (Voting Member) Tambri Heyden, Planning & Zoning Director Mike Rumpf, Assistant Planner Dan DeCarlo, Assistant Planner Michael Pawelczyk, Assistant City Attorney ABSENT Pat Frazier 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, the Planning & Zoning Division staff, and the Recording Secretary. 3. AGENDA APPROVAL Mr. Dube moved to accept the agenda as presented. Mr. Aguila seconded the motion that carried unanimously.- . 4. APPROVAL OF MINUTES The approval of the minutes of the last meeting was deferred until the next meeting of the Planning & Development Board. 5. COMMUNICATIONS & ANNOUNCEMENTS A. Planning & Zoning Report 1. Final disposition of the January 27,1998 and February 10,1998 Planning & Development Board meeting agenda items Ms. Heyden advised that there would be only one more split schedule meeting. After that point, items addressed by the Planning & Development Board will go to the City Commission for approval at the next meeting following the Planning & Development Board meeting. Ms. Heyden reported the following City Commission action on the items addressed by the Planning & Development Board at their January 27. 1998 meeting: Four Steel Communications Tower - Conditional Use Approval - Approved subject to staff comments and recommendations of the Planning & Development Board. Boynton Commerce Center - Master Plan Modifications - Approved subject to staff comments. 1 .-.---'.--- ....-.-.. ."'f'~ . ~..... :" ~~ETING MINUTES pLANNING & DEVELOPMt::I-41 wOARD 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 City 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 number of parking spaces Grand Park ALF - Site Plan approval. B. Meeting date for March 10, 1998 is changed to March 11, 1998 in West Wing Conference Room "C" Ms. Heyden confirmed with the members that the only member who is unable to attend the next Planning & Development Board meeting on Wednesday, March 11, 1998 is Mr. Rosenstock. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING Attorney Pawelczyk administered the oath to all who would testify in these proceedings this evening. Zonina Code Variance 1. Project: Agent: Owner: Location: Description: First United Methodist Church Robert Hall David Lynch (Trustee) 101 N. Seacrest Boulevard 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 required 40 foot front setback (a 15.8 foot setback is required). Robert Hall, agent, approached the podium and confirmed for the board that he was in agreement with the two staff comments. 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. Aguila expressed confusion about the request. However, Ms. Heyden confirmed that part of this alley was abandoned in 1964, and the Church took possession of the entire 20'. Mr. Aguila was concemed about the west 75' because the back-up information did not indicate that the single-family residence would gain one-half of the alley being abandoned. It appeared that the Church would get all of the property. Ms. Heyden advised that the Church owns the single-family house. There will be a Unity of Title of the house. parking lot. and Church. 2 MEETING MINUTES PLANNING & DEVELOPME:I~r I.ovARD BOYNTON BEACH, FLORIDA FEBRUARY 24, 1998 Mr. Aguila further pointed out that this request does not meet the conditions outlined in the criteria that must be met in order for a variance to be granted. Motion Mr. DuM moved to approve the request for a '!ariance 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 required 40 foot front setback (a 15.8 foot setback is required) subject to staff comments. Mr. Myott seconded the motion. Mr. Aguila said he watched the former Board of Adjustment approve variances that never qualified. He believes the Planning & Development Board is doing the same thing. He pointed out the need to carefully review the criteria that must be met to grant a variance. Although he agrees that it makes sense to grant this variance, this procedure is wrong. He feels the board needs to look at these situations because these situations weaken the board. Attorney Pawelczyk recommended that the applicant take the opportunity to speak on this issue to convince the board that the request is justified. Mr. Hall advised that in 1976, the Church was granted a variance. The Church now needs this variance to continue the wall 22' to the south. Mr. Hall advised that he answered the questions with respect 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 wide alley 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 eXDansion. understood why the board has some concerns about the abandonment. However, granting this abandonment will clean up the entire piece of property and make it a clean "L". It will also resolve technicalities that the former variance compounded. The request for this variance results from the widening of Seacrest Boulevard that eliminated a great deal of frontage. Mr. Corbett feels that by granting this variance, the site can be cleared of its strange configuration. Chairman Wische read the two staff conditions into the record, and Mr. Dube provided Mr. Corbett with a copy of the conditions for his perusal. Mr. Corbett confirmed for the board that he had no objection to the two staff comments. 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 the dais. 3 MEETING MINUTES PLANNING & DEVELOPM~.~ 1 ....DARD BOYNTON BEACH, FLORIDA FEBRUARY 24, 1998 Mr. Aguila questioned whether the Church is proposing to rezone the property in the future so that it is zoned one classification. Ms. Heyden advised that the City is not requiring such a rezoning, but will clean this up as part of the Comp Plan amendments. Motion Mr. Aguila moved to recommend approval of the request to abandon a portion of a 20.8 foot wide alley south of the First United Methodist Church subject to staff comments. Mr. Dube seconded the motion that carried 6-0. (Mr. Rosenstock was away from the dais.) Mr. Dube recognized people in the audience who were present for Item #4, Palm Walk ACLF. He pointed 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, the applicant has requested a postponement of this application until the meeting to be held on Wednesday, March 11, 1998. He announced that the meeting will be held in the West Wing Conference Room "cn at 7:00 p.m. 3. Project: Agent: Owner: Location: Description: Grand Park ALF of Boynton Beach Gregory Miklos of Miklos and Associates Norman J. Michael, Milnor Corporation Southwest corner of SW 13th Street and Golf Road Request for abandonment of a utility easement on property located approximately 540 feet east of the southeast corner of Congress Avenue and SW 23rd Avenue to be known as Grand Park of Boynton Beach Greg Miklos, 2263 Northwest Boca Raton Boulevard, approached the podium. Chairman Wische noted that there are no staff conditions for this application. Motion Mr. Aguila moved to recommend approval of the request for abandonment of a utility easement on property located approximately 540 feet east of the southeast corner of Congress Avenue and SW 23rd Avenue to be known as Grand Park of Boynton Beach. Mr. Dube seconded the motion that carried 6-0. (Mr. Rosenstock was away from the dais.) Conditional Use 4. Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates SW 19th Avenue Request for conditional use approval to construct a 48- bed Alzheimer care living facility to be known as the Palm Walk adult congregate living facility. Motion Mr. Dube moved to table Item #4 to the March 11th meeting. Mr. Aguila seconded the motion that carried 6-0. (Mr. Rosenstock was away from the dais.) 4