LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
December 10, 2001
Ms. Shirley Waters
Bible Church of God
1390 North Seacrest Boulevard
Boynton Beach, Florida 33435
Re:
For:
FileNo.
Location:
Bible Church of God
Conditional Use
COUS 98-006
1390 North Seacrest Boulevard
Dear Ms. Waters:
Enclosed is the City of Boynton Beach Development Order for application item, Bible
Church of God, COUS 98-006, which represents conditional use approval for an
accessory daycare/preschool in an existing church with its required outside play area.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 742-6260.
Sincerely,
'~{jc.
Michael W. Rumpf
Director of Planning & Zoning
MRW:AD
Attachment: Development Order
Conditions of Approval
J:ISHRDA T A IPlanninglSHAREDI WPIPROJECTSIBible Church of GodlApproval form letter after CC.doc
City of Boynton Beach . 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425.{)310
Phone: (561) 742-6260 . www.ci.boynton-beach.f1.us
DEVELOPMEN. ORDER OF THE CITY COMMISSlvN OF THE
CITY OF BOYNTON BEACH, FLORIDA
A'-d.
....1' ~ Z-
~.
~.
0ee.d0- .
PROJECT NAME: Bible Church of God
APPLICANT'S AGENT: Shirley Waters
APPLICANT'S ADDRESS: 1390 North Seacrest Blvd.
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 4, 2001
TYPE OF RELIEF SOUGHT: Conditional Use
~. ~ (C [E" r n c ~ ~
, I..{r------.--- ---~iOI
Ii . /~
I ---1
DEPAR,N:E,.iT Ct DEVeLOPMENT
THIS MATTER came before the City Commission of the City of Boynton , . lorida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
LOCATION OF PROPERTY: 1390 North Seacrest Blvd.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
.1L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set'
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
I:J. - '1-01
\..,\\111111111/1/
'\' I'//.
,y'. o'''lrO.. ~~
.'~;)., .W" ~
.$ t( ....:'.; -...;..... ~ ~
............. "'Jr"'" _1....~;:;::.
'::-:(j . ". "7 ~
.:'; )... :..:>0 ..... =:.
7.
Other
DATED:
- 1-::
J :\SH RDA T A \Planning\SHARED\WP\FORMS\Blan
Revised.doc
City Clerk % .
forms folder\Develop.Order Forr.e;2001., .
~ ,...:,
//// (,. i..~) n\ '- "
'11/ \"
III/J/JIII\\\\\\
EXHIBIT "e"
Conditions of Approval
Project name: Bible Church of God
File number: CO us 98-006
Reference: 2'd Review plans (revised) identifIed as Conditional Use. File# COUS 98-006 with a November 9,
2001 Planning & Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS-General
Comments: None X
PUBLIC WORKS-TraffIc
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments:
I. The site plan and master plan design documents shall adhere to Chapter 9 of X
the Code of Ordinances of the City of Boynton Beach entitled "Fire
Protection and Prevention." This ordinance adopts NFPA 1, Fire Prevention
Code 19976 edition. and NFPA 101. Life Safetv Code, 1997 edition.
2. Pursuant to City Ordinance 9-3F, the Fire Marshal has developed an X
Administrative Order dated May 9, 200 I, that provides the minimum
performance for all securi ty gates and emergency access. Another
Administrative Order dated May 15, 2001 addressed Knox Box storage of
information for responding emergency personnel.
3. Design documents must demonstrate compliance with the requirements for X
fire lanes that are provided in Section 9-21 of the City Ordinances. Signing
and marking are described in LDR Chaoter 23 Section B2.
POLICE
Comments: None X
ENGINEERING DIVISION
4. Provide a signed and sealed survey, not older that 6 (six) months, in X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
accordance with the requirements of the LDR, Chapter 4, Section 7.A and
Chapter 23, Article I, Section 5.B.2.
BUILDING DIVISION
Comments:
5. At the time of permit review, submit signed and sealed working drawings of X
the proposed construction.
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
6. No signage is being reviewed or approved with this application. X
7, The height of the proposed chain link fence in the front (west), cannot X
exceed four feet in height from the building line to the front line. (Chapter
2, Section 4.J.I.).
8. The access lane for this site must be kept clear of all vehicles. No parking X
of any vehicles is permitted on the access drive, only in the designated
parking lot areas.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
1. NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. }vaNE
S:\PJanning\SHARED\WP\PROJECTS\Bible Church of God\COUS Oaycare 2001\Conditian of Approval 2 page revised 2001 form.doc
~
'1
I
:l
,
I
1
'I
I
.,
..
j
~
I
.,
~ . l
'1
1
i
!
I
!
,i
i
!
I
.
I
i
~:{.~;j'i '( ~
~~-""'~'l:i" I
,.:.~, !
'." ;
..
,:.'Jt';',.
!
~~<~;! J
~~ "~i"~~~i .i
'C.";,,:,:; J
i',,;; 1
',....'..'
"!,'::;., J
,({:~:
.::'d~},:i
':i,;~~
."'.;'T,
. '~. ;'
'..::::V 1
.... !
. ," ~. I
."':;~\~~;:. 1
~).t)~,~ i
"',
'"
'"
-,
)l)
,~ <....
-n ./ , ......- -..:.
3;, --7 J , "-
I
'" ( - - .
_...1 ~';\ )j L_
"
~ 1- 'h<:J::l hi 1\"1
~ :l>. ~I>) t- :>:
['\~ 1'-_
< " a '^
l\) rr, TI\ ... 'h<;::: Z~ >:
\:) --' . .;. ~ ~'"
'. ~ l1\'1l '^ <'-
(h ;; ;:", ~.c\
-{>.. '" "I::J
~ 1 (\ ~
':1:, r-
<::. r--
""
"
~
r
r ~
1 ~
"" ~
- L ~ ~
'"
."
i U1TfllTmJ I
:~ ~ ~. ~I
t~, ,\j , ! I I I r-
~l. ~
" . ~ .
" ; r
)H-r
r . . .",...'5 ~.. ..
,-~,;"~.,,,,-:<~ ....~.~:k......;~....,.c.~-.... ,r.~-"....,.,'''''........ ".~ .
~.
'"
"".
'"
.,.
\~.r'( . "\ \
'>i~ PL-lY.
~><y
1 ~~)'
. >- ""
. ... "
.,....6:>.r
, ..."'"
Ai?FI9 .;>-
~
To T)1j.
10. 7~ 1
~"'ITf)Gk ~ r//y~,... ..."..
. -:..... . ~"~"'C:
EXHIBI
liB"
~
\1,)
~
''-5)
.O:l
~
\...j
'"
...,
~
~.
~-
-<..
~ ...-n
~ .,~
.,. , (')
~ .11".
" ~
~1~:
~ '"
x "->:
OJ
OJ
r
m
()
I
C
JJ
()
I.
o
."
G)
o
o
,.., .-....~
r-----l
:.' 1 I .1' I .'
I I _ T'. _, r- _ _
n~: i'iJI: Ilil~~;:;;;.;
----;
, ,
,
- 1
/...1;.0-1:>.
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01-227
TO:
FROM:
Janet Prainito
City Clerk ~
Michael W. Rump
Director of Planni d tng
DATE:
October 18, 2001
SUBJECT:
Bible Church of God - Conditional Use Approval (Day Care Center in Church)
COUS 98-006
Accompanying this memorandum you will find an application and supporting documentation
for the above-referenced case. A check in the amount of $1,000.00 was received by the
Department of Development to cover the review and processing.
The legal advertisement for this request will be forwarded to your office after review by the
City Attorney. This request is scheduled for the November 27, 2001 Planning and
Development Board meeting and the December 4, 2001 City Commission meeting. Please
advertise in the newspaper and notice property owners accordingly.
MWR:eij
Attachments
J;\SHRDATAIPlanning\SHARED\WP\PROJECTSIBible Church of GodlCOUS Daycare 2001\LGLNOTICE.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two
(2) working days prior to the first publishing date requested below.
ORIGINATOR: Planninq and Zoninq Division
PREPARED BY:
Mchael W. Rumpf
DATE PREPARED: October 18, 2001
BRIEF DESCRIPTION OF NOTICE OR AD: Conditional Use Approval for a dav care
operation bv the Bible Church of God located at 1390 N. Seacrest Boulevard, November 27,
2001 - Planninq and Development Board meetinq and December 4, 2001 - Citv Commission
.meetinq.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) STANDARD LEGAL AD
SEND
COPIES OF AD TO: Propertv owners (postmarked November 17, 2001) within a 400 foot
radius of the subiect propertv, applicant and the Planninq and Zoninq I'v1anaqer.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: November 17, 2001
APPROV D BY: J
(1 Ll&C4 8~~v
(Originator)
v I"-E leu", f'r
'Dller JD;
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:\SHRDA T AIPlanningISHARED\WPIPROJECTSIBlble Church of God\COUS Daycare 2001\lGlNOTlCE.doc
NOTICE OF PUBLIC HEARING
Shirley Waters, Agent for Bible Church of God, property owner, has requested the following parcel
located at 1390 N. Seacrest Boulevard to be considered for Conditional Use approval for a day care
operation within an existing church.
Legal Description:
THE SOUTH 100 FEET OF THE NORTHEAST QUARTER (N.E. Y..) OF THE
NORTHEAST QUARTER (N.E. Y..) AND THE SOUTH 165 FEET OF THE
NORTHWEST QUARTER (NW. Y..) OF THE NORTHEAST QUARTER (N.E. Y..) OF
SECTION 21, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LESS THE RIGHT-OF-WAY FOR SEACREST BOULEVARD AS
DESCRIBED IN OFFICIAL RECORD BOOK 5359, PAGE 675 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
Proposed Use:
Day care.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE PLANNING AND
DEVELOPMENT BOARD ON TUESDAY NOVEMBER 27, 2001 AND THE CITY COMMISSION ON
TUESDAY DECEMBER 4, 2001, AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON
BEACH BOULEVARD, BOYNTON BEACH BOTH AT 7:00 P. M.
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any
written comments prior to the hearing dates. Any person who decides to appeal any decision of the
Planning and Development Board and City Commission with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity
conducted by the City. Please contact Patricia Tucker (561)742-6268 at least twenty-four hours prior to the
program or activity in order for the City to reasonably accommodate your request.
PUBLISH:
November 17, 2001
The Post
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
J:ISHRDATA\PlanningISHAREO\WPIPROJECTSIBible Church of God\COUS Daycare 2001\LGLNQTICE.doc
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
Description:
Request to construct a 140-foot
communication tower with antennas,
equipment and access road.
(Postponement Requested)
3.
Project Name:
Agent:
Owner:
Location:
Description:
Bible Church of God - Day Care Center
Shirley Waters
Bible Church of God
1390 N. Sea crest Boulevard
Request approval for a day care
operation within an existing church.
(Postponement Requested)
4.
Project:
Agent:
Location:
Description:
Private Members Only Club
Robert Fetrow
1107-1109 N. Federal Highway
Request for approval to adaptively
reuse an existing vacant building for a
private club.
(Postponement Requested)
Zoning Code Variance
5.
Project Name:
Agent/Owner
location:
Description:
Lake Eden Place
Deanna Patrick
South lake Drive (Lot 14, Block 1)
Request approval to allow an increase
in the height of a proposed single
family home to 32 Yz feet from the
maximum of 25 feet.
Mr. Martin Cheney, 3033 Spanish River Road, Boca Raton, Florida took the
podium.
Chairman Wische noted there was one staff comment, which stated "the home shall be
situated on the lot to achieve reasonable side setbacks, and no setback variances be
requested to minimize impact on adjacent properties".
Chairman Wische asked if there were any additional staff comments.
20
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9,1999
Mr. Rumpf referred the Board to the fax that was handed out regarding a response from
one of the property owners in the neighborhood and up until this time, staff was not
aware that there was any opposition from property owners.
Mr. Rumpf said there is also another issue, which involves vegetation. Mr. Rumpf said
that staff made known that vegetation should be maximized and maintained on site, Mr.
Rumpf stated that staff has received a communication that many trees on site had been
"red tagged" for possible demolition. Mr. Rumpf said there are a lot of mature trees on
the site and existing vegetation can have a calming effect on the transition of properties,
Mr. Rumpf asked the representative of the applicant to inform the Board and staff of the
applicant's plans to retain this vegetation and to address the concerns of adjacent
property owners,
Mr. Cheney requested to make a presentation before responding to Mr, Rumpf. Mr.
Cheney stated he was a commercial developer and has sought variances on other
property that he has developed and stated that he was the father and father-in-law of
Deanna and David Patrick, respectively. The applicants feel that increasing the height
of the home will increase the market value of the home in the event of a resale. Mr,
Cheney stated for a home to be truly marketable in this price range it is essential that
floor heights of 10 feet be achieved. In adding trusses. the 25' maximum height is
exceeded, Mr. Cheney stated that most municipalities in surrounding cities and towns
have a maximum heights allowed for a single family residence is 35',
Mr. Cheney stated that the home would cover less than 10% of the total site area, The
applicant could have chose to be a single-family residence, thereby impacting the
vegetation greater than what they are doing if they were to develop 5,000 square feet.
The two-story building will be 2,500 square feet. Mr. Cheney further stated that the
construction of this home would result in a positive increase in the City's tax base.
Chairman Wische announced that this was a Public Hearing and asked if anyone in the
audience wished to address this issue.
Mr. Jeff Leggio took the podium and stated he lived across the street from the lot and
said the neighborhood consisted of older established homes and to have one home that
would go 32' would change the character of the neighborhood. Mr. Leggio was not
against a two-story home. but said a home with 10-foot ceilings would not fit in. Also,
Mr. Leggio stated that a lot of mature trees would have to be taken down, leaving only'
perimeter trees. Mr. Leggio requested the variance be denied.
Ansuya Kalra, M.D., took the podium and stated his property adjoins the property to
the south side. Dr. Kalra had a video camera with him if any Board member wished to
view the property. Dr. Kalra stated his home on the south side is all glass facing the
21
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
applicant's property and he would lose his privacy. Dr. Kalra also said he was
approached, about the vegetation on his side being removed and a fence being placed
on this side of the property. Dr. Kalra said he is opposed to the variance.
Mr. AI Till, 3845 South Lake Drive said he lives on Lot #5, which is across the street
from the property on a southerly diagonal direction, Mr. Rumpf pointed out the lot on
the overhead map. Mr. Till has no objection to a wonderful upscale home being built on
the lot and that this area is already a very upscale area and all properties have
waterfront property. Mr. Till stated they welcome new neighbors and the neighborhood
is very social. Mr. Till stated the applicants should abide by the height regulation as all
other property owners have, Mr. Till said the house would tower over any other houses
in the neighborhood and did not agree that the house needs 10' ceilings to be
marketable. Mr. Till requested that the applicants stay within the existing regulations.
Mr. Donald Brian, 916 SW 38th Court who lives at the end of the cul-de-sac, which is
the street to the north of the applicant's property, took the podium, Mr. Rumpf indicated
this location on the overhead. Mr. Brian welcomed the Patricks to the neighborhood as
well and said he has lived in the neighborhood for 15 years in a house he designed and
built himself. Mr. Brian said he has a two-story house and the height of the highest
point of his roof is 24'6". Mr, Brian said he had ceilings in his house that exceeds 22
feet. Mr. Brian said that what the petitioner is proposing is actually another story above
the two-story houses in the neighborhood and requested that the Board deny the
petitioners' request and not to set a precedent in the neighborhood.
Susan Harris, 3825 South Lake Drive, lives on the north side of Mr. Leggio. Ms.
Harris stated it appears that most of the trees on the lot have been marked to be cut
down. Ms. Harris hopes these problems can be resolved and the Patricks will enjoy
living in the neighborhood.
Chairman Wische closed the public hearing portion.
Chairman Wische asked if there were any comments from the Board.
Ms. Frazier asked the applicant if the house was a spec-house, Mr, Cheney stated that
the applicants intend to raise their family in the house and requested to address some
of the issues raised. Mr, Cheney said that the applicants could have built a 25' house
with a flat roof that would be unattractive. Mr. Cheney said the applicants have certain
rights to build a home on their property and by building a two-story house would have
less impact on the vegetation than a 5,000 square foot single story home. Mr, Cheney
further stated there have been changes in single-family homes over the years.
22
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9,1999
Mr. Rosenstock asked when the property was purchased and was informed
approximately two years go and also asked if the applicants looked at the code before
they purchased the property.
Mr. Rosenstock asked Mr. Rumpf about the code regarding trees being cut down for the
building of a residence and noted there is a code in the city that when a tree is taken out
there is a requirement that it be replaced. Mr. Rumpf said the Tree Preservation Code
does not apply to single family homes.
Mr. Myott said this is the second case that has come before the Board recently on
ceiling height and asked Mr. Rumpf if they would consider changing the Codes. Mr.
Rumpf said they have not and his recommendation is that each case be reviewed on its
own merits. Mr. Rumpf said other jurisdictions do not measure to the top of the building,
but to some mid-way point. Mr. Myott did not think that enough information on the
scope of the project has been presented for this Board to make a decision.
Mr. Friedland suggested that a study be done regarding the heights of homes in the
surrounding area so that there could be bigger and better homes in the community.
Vice Chair Reed noted that in order for this Board to approve a variance six conditions
must be met and the Board must agree that those conditions apply. Vice Chair Reed
said that the six conditions have not been met. Mr. Rosenstock agreed with Vice Chair
Reed and said that the Board should have a list of the six criteria to approve a variance
in front of them at every meeting.
Mr. Rosenstock said it is incumbent upon an individual before purchasing a piece of
land to find out what the requirements are to build a house. Also, Mr. Rosenstock felt
that the house would not be compatible with the existing homes in the neighborhood.
Also, Mr, Rosenstock said if there were consideration to changing the code in the City,
there has to be some kind of consideration given to what presently exists. Mr.
Rosenstock said he could not approve of the project.
Ms. Frazier asked if the applicant could build a two-story home. Mr. Rumpf said the
applicant could build a two-story home with a 25' maximum height.
Motion
Mr, Rosenstock moved that, Deanna Patrick, the owner of South Lake Drive (Lot 14,
Block 1), Lake Eden Place, request for approval to allow an increase in the height of a
proposed single family home to 32 Yo feet from the maximum of 25 feet be denied. Ms.
Frazier seconded the motion.
23
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9,1999
Vice Chair Reed stated his vote was based solely on the applicant not meeting the six
criteria,
Mr. Rumpf stated that staff was not aware of the property owners opposition to the
project until tonight. Mr. Rumpf stated that it was a quality project and perhaps the
Board may wish to table the project so that that it could be coordinated with the property
owners.
Mr. Rosenstock stated he would be glad to withdraw his motion if the applicant would
agree to Mr. Rumpfs comments.
Mr. Myott asked if Attorney Cirullo wished to comment on the withdrawal of the motion.
Attorney Cirullo stated the applicant could voluntarily withdraw its application, although
Attorney Cirullo did not think it was appropriate for this Board to table a motion. Mr.
Rosenstock said under Robert's Rules, he has the right to withdraw his motion and the
applicant can voluntarily ask for a postponement. The petition would come off the
agenda and be placed back on at the applicant's request. Mr. Cheney requested to
consult with the applicant.
Mr. Cheney respectfully requested that a vote be postponed.
Mr. Rosenstock withdrew his motion, Ms. Frazier withdrew her second of the motion,
Attorney Cirullo stated the applicant could voluntarily request a postponement.
Chairman Wische asked if anyone was opposed to the postponement of the application.
There was none and the postponement was agreed to.
B. SUBDIVISION
Master Plan Modification
1.
Project:
Agent:
Description:
Shoppes of Woolbright - Home Depot Tool
Rental Center
Steven Tate
Caulfield and Wheeler, Inc.
Home Depot
North of Woolbright Road and east of the.
L.W.D.D. e-4 Canal
Request to amend the approved master
plan to move 2,789 square feet of
approved/undeveloped space to Home
Depot, to modify parking circulation aisle
24
Owner:
Location:
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9,1999
and loading area, and correct parking space
calculation.
Mr. Steve Tate, of Caulfield and Wheeler, Inc. of 7301 West Palmetto Park Road, Boca
Raton took the podium.
Sketches of the property were presented to the Board for their review. Chairman
Wische stated there were three staff comments.
Mr. Tate said that the proposal is to transfer 2,789 from the proposed retail center in the
northwest corner of the site to the Home Depot Store to provide for a rental center to be
added to the store. Secondly, to modify the parking in front of the store to
accommodate an additional loading and unloading area at the southwest corner. The
third request is to add a pick-up area in the rear of the building for contractor's use and
large load pick-ups. Mr. Tate also said that in preparation of the master plan revision it
was noticed there was a Miner discrepancy in the parking and he is taking the
opportunity to correct the parking, which has increased the parking by 17 spaces,
With regard to the staff comments, Mr. Tate stated one will be taken care at the time of
permit. The landscaping is being addressed at the moment and will be submitted
shortly and the third one has been corrected.
Ms. Frazier stated she had stock in Home Depot and because of this is unable to vote
which was concurred by Attorney Cirullo.
Mr. Rosenstock asked how many rides per day to the store does the applicant
anticipate regarding the addition. Mr. Tate said there would be no additional rides,
because it is a transfer of the square footage, Mr. Rumpf clarified the additional trips for
Mr. Rosenstock,
Chairman Wische stated this was a public hearing and asked if anyone in the audience
wished to address the issue, Hearing none, Chairman Wische closed the public
audience.
Motion
Mr. Rosenstock moved that this Board approve the request to amend the approved
master plan for the Shoppes of Woolbright - Home Depot Tool Rental Center, north of
Woolbright Road and east of the L.W.D.D. E-4 Canal to move 2,789 square feet of
approved undeveloped space to Home Depot, to modify parking circulation aisle and
loading area, and correct parking space calculation, subject to all staff comments and
provided that Home Depot take aggressive steps to improve their landscaping around
25
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
the entire property. Motion seconded by Mr. Friedland. Motion carried 6-0 (Ms. Frazier
abstaining)
Foster Farm PUD (fka Foster Mill)
Julian Bryan
Julian Bryan and Associates
Continental Homes of Florida
North side of Miner Road, one-half mile
west of Congress Avenue
Request to amend the approved master
plan to increase building height from 25
feet to 30 feet, and to add plan details such
as privacy fence, private recreation and
entry wall/signage locations.
Julian Bryan, took the podium on behalf of the Applicant. Chairman Wische noted
there were 13 staff comments and asked if the agent wished to address or clarify any
comment. Mr. Bryan said they have reviewed the comments and have no problem with
the comments and will abide by all the comments,
2.
Project:
Agent:
Owner:
Location:
Description:
Chairman stated this is a public hearing and asked if anyone in the audience wished to
address this issue. Hearing none, closed the public hearing,
Chairman Wische asked if staff had any comments. Mr. Rumpf had no comment.
Mr. Rosenstock asked what the average price of the homes would be. Mr. Bryan said
the average price would be approximately $150,000, base price and the range is
$120,000 to $170,000, not including oversized lots. Mr, Bryan said there were nine
models being offered in the community of which four are two-story homes and Mr.
Bryan noted that this request is not a variance and should be considered a use by
right. Mr, Bryan said he should have put 30' in the application originally and was used
to having height construction being interpreted as the mid point between the fascia and
the ridgeline, as with the County,
Ms. Frazier asked to view the pictures of the models. Ms, Frazier stated the homes
were very nice.
Motion
Mr. Friedland moved to approve the request to amend the approved master plan to
increase building height from 25 feet to 30 feet and to add plan details such as privacy
fence, private recreation and entry wall/signage locations, on the north side of Miner
26
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
Road, one-half mile west of Congress Avenue, subject to all staff comments. Motion
seconded by Mr. Myatt. Motion carried 7-0,
C. SITE PLANS
New Site Plan
1.
Project:
Agent:
Foster Farm PUD (fka Foster Mill)
Julian Bryan
Julian Bryan and Associates
Continental Homes of Florida
North side of Miner Road, one-half mile
west of Congress Avenue
Request for site plan approval for
landscaping, perimeter buffer, common
areas and signage.
Owner:
Location:
Description:
Chairman Wische requested that Mr. Bryan remain at the podium and noted there were
13 staff comments on this item. Mr, Bryan said they agreed with all staff comments
Chairman Wische stated this was a public hearing and asked if anyone in the audience
wished to address this issue. There were none and Chairman Wische closed the
public hearing.
Motion
Mr. Sherman moved to approve the request for site plan approval for landscaping,
perimeter buffer, common areas and signage for Foster Farm PUD on the north side of
Miner Road, one-half mile west of Congress Avenue, subject to all staff comments.
Motion seconded by Mr. Myott. Motion carried 7-0.
Maior Site Plan Modification
2.
Project:
Agent:
Owner:
Location:
Description:
Guardian Storage - signage approval
Mark Gregory
Carl Touhey
3450 S. Congress Avenue
Request for approval for site and building
signage.
27
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
Mr. Mark Gregory, 3000 Jasmine Terrace, Delray Beach, took the podium. Chairman
Wische noted there were three staff comments and asked the applicant if he wished to
address any comment. Mr. Gregory said that they accept all three comments, but
would like a clarification on regarding "site signs" and "pylon signs".
Mr. Rumpf stated site sign is the free standing sign or the property sign.
Mr. Rosenstock inquired as to the location of the building and the agent stated it was on
South Congress across the street from station WXEL. Mr. Rosenstock asked about the
landscaping and Mr. Rumpf stated it met minimum code. Mr. Rosenstock said he could
not vote for this issue unless he knew the landscaping plans, Mr, Rosenstock said that
the City has just spent $30,000 to landscape the medians. Mr. Gregory referred
members to the landscape detail that was provided by the landscape architect. Mr.
Rosenstock said there were only seven trees in front of a building.
Mr. Rumpf said that site plan approval is not on the agenda tonight. Mr. Rumpf said
that the site plan and landscaping had been approved, The only condition of approval
was that the signage be brought back to this Board. Mr. Rosenstock requested that the
landscaping be made more dense. Mr. Gregory stated that the landscaping had already
been approved and that he had no authorization to change the landscaping, Mr,
Gregory stated he was present tonight for the wall sign on the building and a
freestanding sign. The owner anticipates opening in about thirty days.
Mr. Gregory asked Mr. Rumpf to confirm that the Board had approved the project and
Mr. Rumpf said it has gone through the site plan approval process.
Ms. Frazier asked how many colors were in the sign and Mr, Gregory said there were
three colors in the sign, Mr. Gregory stated that the metal structure of the sign will
match the building color, a white background with red lettering to match neighboring
signs. A copy of the sign was included in Members' packets. Mr. Gregory stated the size
of the sign was reduced by 35% overall. Mr. Rumpf stated that the maximum allowable
signage would be 64 square feet. Mr. Gregory stated that the sign would not be any
taller than the height of the building,
Mr, Myott noted that it was really a modified pole sign and does not fall in with the type
of signage that this Board has pushed for in the past and stated the sign is "cheap" and
does not relate to the architecture of the building. Mr. Gregory said that applicant wants
to open in thirty days and needs a sign.
Mr. Rumpf stated that sometimes it is easier to incorporate some of the details on the
building into the sign. Mr. Rumpf suggested that some of the design of the building be
inserted in the sign and the colors of the building, Mr. Gregory stated he could revise
28
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9,1999
the sign and presented the type of format he thought the Board was looking for, The
proposed revisions were reviewed and Mr. Myott asked Mr. Rumpf if he could review
the changes with the applicant.
Mr. Friedland asked about the signage program that the City was looking into and Mr.
Rumpf said at the moment there has not been much done on the program because of
staff shortages due to the absence of Mr. Kastarlak who was in charge of the program.
Motion
Mr. Myott moved to approve the request for approval for site and building signage for
Guardian Storage based on all staff comments and that the sign company meet with Mr.
Mike Rumpf and integrate architectural details currently contained within the project into
the sign, Ms. Frazier seconded the motion.
Motion carried 5-2 (Mr. Rosenstock and Vice Chair Reed dissented)
Attorney Cirullo noted for clarification of the record that there were three cases where
the applicant prior to appearing tonight requested postponements and requested that a
general motion be made regarding the postponements,
Motion
Mr. Rosenstock moved that in accordance with the request by the multiple applicants
asking for postponements, that this Board grant those postponements. Vice Chair Reed
seconded the motion. Motion carried 7-0.
8. OTHER
None
9. COMMENTS BY MEMBERS
None
10. ADOURNEMNT
29
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
The meeting properly adjourned at 10:30 p.m.
Respectfully submitted,
I -
,. : .l_
,.
/. .~ ......,..
Barbara M. Madden
Recording Secretary
(4 tapes)
30
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9, 1999
7.' NEW BUSINESS
Conditional Use
1.
Project Name:
Agent:
Owner:
Location:
Description:
Unisite at Quantum Park
Andy Zitman, Zitman and Associates, Inc.
City of Boynton Beach
Optimist Park at Quantum Park
Request approval to construct a 140-foot
communication tower with antennas,
equipment and access road.
Mr. Andy Zitman, of Zitman and Associates, Inc., 950 NW 185 Avenue, Pembroke
Pines, Florida, agent for the applicant took the podium, Chairman Wische informed Mr.
Zitman that there were 13 staff comments and stated that the applicant only address the
comments they do not agree with or comments that they need clarification on.
Mr. Zitman requested that the matter be postponed and said they are at an impasse
regarding the lease negotiations. Mr. Zitman said they just received the revised contract
on February 17, 1999 from the City Attorney, which is not acceptable and on the 18th of
February received a counter-proposal, which again is not acceptable. Therefore, the
Applicant requests a referral of the case to the March 23, 1999 meeting so that the
lease agreement can be worked out.
Motion
Mr. Rosenstock moved that the Unisite at Quantl:lm Park Conditional Use Approval be
deferred until the meeting of March 23, 1999. Motion seconded by Ms. Cleary.
Mr. Myott asked Mr. Rumpf if he was up-to-date on the lease negotiations and Mr.
Rumpf did not know of the status. Mr. Rumpf stated that the agreement is currently in
the City Attorney's Office. Attorney Cirullo stated that the lease is' being negotiated in-
house and he did not know the status of the lease agreement.
Motion carried 7-0.
2.
Project Name:
Agent:
Owner:
Location:
Bible Church of God - Day Care Center
Shirley Waters
Bible Church of God
1390 N. Seacrest Boulevard
3
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
FEBRUARY 9,1999
Description:
Request approval for a day care operation within
an existing church. (Postponement requested)
Attorney Cirullo requested that each postponed item be voted on individually.
Motion
Mr. Rosenstock moved to postpone the Bible Church of God - Day Care Center
Conditional Use as requested, Mr. Friedland seconded the motion. Motion carried 7-0.
3.
Project:
Agent:
Location:
Description:
Private Members Only Club
Robert Fetrow
1107.1109 N. Federal Highway
Request for approval to adaptively reuse an
existing vacant building for a private club.
(Postponement to March 23, 1999 meeting
requested)
Motion'
Mr. Friedland moved to postpone the Private Members Only Club to the March 23, 1999
meeting. Motion seconded by Vice Chair Reed.
Mr, Rosenstock noted this was the second request for a postponement and asked Mr.
Rumpf if there was some type of regulation regarding continuous postponements. Mr,
Rosenstock suggested the item be removed from the agenda and the process should
start anew,
Mr. Rumpf said that staff received a request from the applicant's attorney that requested
a postponement to this date and this has not been a week-by-week request. Mr.
Rosenstock asked why it was placed on this week's agenda. Mr. Rumpf said it was just
a means of tracking postponed items. Mr, Rumpf said it has also been advertised.
.'
Mr. Myott said he was anxious to see what is really planned for this particular club and
would like to know how it would fit in with the zoning, Mr. Myott was under the
impression that the location had a limited non-conforming use expansion and would like
a real good description when the report is prepared, Mr. Rumpf stated the building is
basically grandfathered and if the non-conformity is not furthered, the building can be
expanded.
Chairman Wische stated the only matter before the Board tonight was for a
postponement and called for a vote on the motion.
4