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LEGAL APPROVAL DEVELOP~~"IT ORDER OF THE CITY COMMI.r ' :ON OF THE . rv OF BOYNTON BEACH, FLOR,_A APPLICANT'S ADDRESS: 100 Miller Road, Delray Beach, FL 33483 DATE OF HEARING BEFORE CITY COMMISSION: December 1, 1998 TYPE OF RELIEF SOUGHT: Alley abandonment LOCATION OF PROPERTY: 306 S.E. 1st Avenue rn ~n\Ylrn m ~\--~ ~':~J ~ _" _~:j PLANNING AND ZONING OfPT PROJECT NAME: 306 SE 1st Avenue (Robert Katz) APPLICANT'S AGENT: Martin L. O'Shea DRAWING(S): N/A THIS MA TIER came before the City Commission of the City of Boynton Beach, Florida 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: OR X THIS MA ITER 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 lHAS 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 fo relief is hereby l 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. 7. Other \\\ \ \ \ \ \ 111'" fl/I/ ~\\ ~ I;;) .. 1/1 ~<.. ..{ \~ .J S~ /~ ~ a .......... c...' ~ ~ 'Q ...9ul"\.~r.i... "7('1 ~ ii '{. "f <> .... ~ :;. .:: 0 !(j ~::: =:;z : = = >- :- a: == :::'(-~ :.::- - ~. 4 r,.t.'I.' - ~ f~ --. \":1" ..- ~ ~ -.. .... ~ ~ ~ ......... ,<:) .;::. ~/.1. FLO~ \"v '/11 \\\ 1111111111\\\\\\\ DATED: M'.I~B ~~.~~">I"~ J.\SHRDAT AIPlannong\SHAREO\WP\PROJECTS\Katz . RObetl-Histonc House'I8ban~.Ord8r-ABAN.clDc: EXHIBIT "C" Conditions of Approval Project name: 306 SE 1st Avenue (Robert Katz) File number: ABAN 98-008 Reference: Abandonment application dated October 12. 1998. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. The City shall be given a utility easement over the existing alley as a X condition of abandonment. FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREA nON Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X ,. PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 3. T.o b~ Q'ilteRR;nptt tVew<< V MWRldim JISHRDA T AIPLANNINGlSHAIlED\WP\PIlOJECfS\KATZ . 1l0BEIlT.H1STOIllC HOUSE\ABANlCOND. Of APPIl. ABAN.OOC MEMORANDUM TO: BULENT KASTARLAK, DIRECTOR OF DEVELOPMENT FROl\-I: SUE KRUSE, CITY CLERK DATE: JANUARY 7,1999 RE: ORDINANCE #098-47 Attached please find a copy of the above mentioned ordinance which was recorded in Palm Beach County on December 30, 1998. .~~~~ C: Planning Engineering Utilities Original to Central Files j : \shrdata \cc\wp\memos\kastarlak.doc Dec-~ 398 08:02al 98-50'3453 ORJ:I 10842 Pg 745 11111111111111111111111111111111111111111111111111111 ORDINANCE NO. 03S-fl : . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ABANDONING A CERTAIN ALLEY, (LOCATED BETWEEN SE 3RD STREET AND THE FEC RAILROAD TRACKS, SOUTH OF SE 1ST AVENUE); SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED HEREIN; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DISCLAIMER FOR SAID ABANDONMENT; PROVIDING THAT THE ATTACHED DISCLAIMER BE RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. , , I; : i i I I, I WHEREAS, the applicant, Martin O'Shea, Agent for Robert F. Katz, has requested abandonment of an alley, located. between SE 3rd Street and the FEC railroad tracks, south of SE 1st Avenue; and WHEREAS, comments have been solicited from the appropriate City Departments; and WHEREAS, publiC hearings have been held before the City's Planning and Zoning Board and the City Commission on the proposed abandonment; and WHEREAS, based on the foregoing information, the said alley no longer serves any useful purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida I by and through its City Commission does hereby abandon an alley, located between SE 3rd Street and the FEC railroad tracks, south of SE 1st Avenue, and more particularly described in Exhibit "A". Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver the attached Disclaimer and cause the same to be filed in the Public Records of Palm Beach County, Florida. Section 3. All ordinances or parts of ordinances in conflict herewith be ORB 10842 Pg 746 and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be deciared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. This ordinance shall become effective immediately upon I' :, passage. I, ' FIRST READING this ~ day of ~~ SECOND, FINAL READING AND PASSAGE ~~ ,1998. 1998. this , S- day of , ) Vice Mayor ~?/~ Com miss. r~ Co mlSSlone: "'- 4uu~l{aJy_~ Commissioner p~ S:ca\O~_~ley ~"4.0~ NTo~ ~/~ ~ ~~ v ........ ~ ~ ~ "'r?O~.:'o. V'~ ~ ~ O( ;;)~.". ~ S.).. a: =J- :z:= =u = % 1920 i ~ .- to ~ ~/1. ,4:'LOR\O #' '/1111f/1I" \\\\\\\\\\i ORB 10842 Pg 747 EXHIBIT "A" I i; An existing alley between lots 4, 5, &6, Block 11 and Lots 7, 8, 9 Block 11, Town I of Boynton, a subdivision as recorded in Plat Book 1, page 23, of the Public i: Records of Palm Beach County, Florida. I I Ii I' I 0' 1. 0842 Pg 748 i I! ,I I' DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City of Boynton Beach, Florida, a municipal corporation, under the laws of the State of Florida, does hereby abandon and disclaim a certain alley, more particularly described herein as Exhibit "A". ,I I IN WITNESS WHEREOF, the duly authorized officers of the City of i i i I i Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the , i I City this -.l2 day of December, 1998. ATIEST: CITY OF BOYNTON BEACH, FLO~{\}~II"'I1IIII/, ! ~ .# fl>OY N1'o ,.~ : ~ ~ ....~~~ i J (/~$ 0 ...~o~A <S) ~ ' r Ma r :: ~ ti\ ~ '% i , ~ (3 J () =1 :: ~ =1 ! STATE OF FLORIDA ) \ .~ 920 f: I )ss: ~ J:o .......... .. ~ I, ~/I. ~OR'Or \\,,~ I: COUNTY OF PALM BEACH ) I"'lil/lII\1\\\\\" I BEFORE ME, the undersigned authority, personally appeared JERRY : TAYLOR and SUZANNE KRUSE, Mayor and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed thE: foregoing instrument, and acknowledged the execution thereof to I ! be their free hand and deed as such officers, for the uses and purposes , I mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. I , I ....'--, II or;:B 10842 Pg 750 EXHIBIT "A" An existing alley between lots 4, 5, &6, Block 11 and Lots 7, 8, 9 Block 11, Town of Boynton, a subdivision as recorded in Plat Book 1, page 23, of the Public Records of Palm Beach County, Florida. , I ; i I I ! I I 06'B 10842 Pg 752 DOR( H. WILKEN, CLERK PB COUNTY, FL ?:fu City of tJ3oynton tJ3eacli 100 'E. t.B,qgnton 'BtJZdt. 'Boukvard V P.O. 'BO/t310 'Boynton 'Beadi, 1'foritfa 33425-0310 City "all: (561) 375-6000 :f5fX: (561) 375-6090 CER TIFICA TION I, JANET PRAINITO, DEPUTY CITY CLERK of the City of Boynton Beach, Florida, do hereby certify, that the attached Ordinance #098-47 consisting of three (3) pages and the original disclaimer consisting of three (3) pages is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 22nd day of December, 1998. J ET PRAINITO EPUTY CITY CLERK December 22,1998 ~\\\\"""'1I1111. .#"'" ~OYN"O"/~ ~ O~ ...-.~ ~ ~ 1~'OJif~~~ ==,.. ~;J"':: =~ 0= -- ;z:- ~ 1920 j ~ ~ ~ ~ ~ ~q/, l.OR\O" ~ "111"" III"" \\\,,~ (SEAL ) ~r.::CORDERS MEMO: Legibility of dOCumei( unsatisfactory when received. jffmew's (jattway to tfu (julfstnam <)2eTVI2r'TO / S2\Jc ~~ t30L( ~~:seo sri 'lSo'--(ft\o v"\ ~- 5 Dec-31-1998 02:14pI 98-514004 ORB 1 0849 Pg 1 583 Con 1.00 Doc 0.70 111111/1111111/1/111 " 111/1/1111 BlI/IM 1111/11 01 I IHI ~ <{3\ EASEMENT THIS INDENTURE made this 31st. day of December, A.D., 1998, by Robert F. Katz, a single man, and having his principal place of business at 334 Gardena Blvd., Gardena, CA 90248, first party, to the City of Boynton Beach, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435, a political subdivision of the State of Florida, second party: WHEREAS, the first party is the owner of property situated in Palm Beach County Florida, and described as follows: That portion of a 20 foot dedicated alley between Lots 4, 5 and 6, Block 11, and Lots 7, 8 and 9, Town of Boynton a subdivision as recorded in Plat Book 1, Page 23, in the public records of Palm Beach County Florida and, WHEREAS, the se~nd party desires an easement for water and sewer utilities and/or other appropriate purposes incidental thereto, on, over and across said property, and, WHEREAS, the first party is willing to grant such an easement, NOW, THEREFORE, for and consideration of the mutual covenants each to the other, the first party does hereby grant unto the second party, it's successors and assigns, full and free right and authority to construct, maintain, repair, install and rebuild facilities for above stated purposes and does hereby grant a perpetual easement on, over and across the above described property for said purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed in his name, attested by his proper officer thereunto dul authorized, the day and year first above written. ' Signed, sealed and delivered in the presence of: ~.~~~ ~ STATE OF FkR COUNTY OF PALM BEACH b I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Martin L. O'Shea, authorized representative of Robert F. Katz, well known to me to be an authorized representative respectively, of Robert F. Katz as the first party in the foregoing Easement and that he acknowledged executing the same in the presence of a subscribing witness freely and voluntarily, under authority. WITNESS my hand and official seal in the County and State last aforesaid this 8/ day of .TJ"<:''''''<l~~ A.D.~~~ ~~ lZ'AON'dX3NOlSSIWWO:H.W Notary Public in and for the 8O!il8O:)'ONNOISSlWJIlOO State and County aforesaid. VCIDI01II :10 3.LVJS :ll1&nd AIY.LON aWM 1!OllVO ' 1YOH:IO OfARYSEAL CLAIRE L WARD NOI'ARY PUBLIC srATE OF FLORIDA COMMISSION NO. CC781508 MYCOMMISSIONF.XI>. NOV. 212002 ORB 10849 Pg 1584 , i?- &lOROTHY H. WILKEN, CLERK PB COUNTY F S e. '0 ~ ~I(~~r ( +01 '1.11111 ,', , I e.,r / 'fTING t CY' A -rP-r; PtJ,. '0 ' N ~ - G>,/'t.X 1"51iN G '.~/,-~It polJ/lA. po,-! , A1JfWI ~/~'~' t'. ~ I~' ro 1.' ~,JtAoL~ ~ I~ ,4 s p'" . ~ ~ ~ nt,,,! I l ~ ~ I l~~~ ('(\ o~~ ". < \j ~~ ~~ , \I~ ~ 'iQ..') . ~ ~ :"o~'4 N ~,~ "'-->> e . , \II -I,.) I ','1' >l-A-- . , " w DDb rEAl" ) S~~Le , , -_ '7()/ I' ~ 7 L~-r 1 1-0 T' b \ o ~ , " ~ ,",0 at. 11 A /,O"'~ ---- / ~I ~ ~ " ~b e \ ~<t (,ob t.,vl a.~~ ,16 ,,0 po o \! t ~ ~ \r C:, ~ I " ~ V'\ Lo,~ t,"{, b . I.- () -r S A<-< 6. ;,. L~,..o6 51 ") n r; ~ L rJV' ~o ,J' 1> ,,0 ~ B L. Od.,,1( \ \ L..OI4- ~ ,\ \~ ,.~ tP ,,\".,) \ ~ ..,~ - ,," .~n'DA , 'BEACH COUNTY ' Or t'LVt<" PA.M . . . . ~ I l-1ereby certify at the fO,reg01ng IS 0 true copy of e'record)f1 my office, SPECIAL PURPOSE SURVEY EXISTING ALLEY BETWEEN LOTS 4 t 5 . AND 6 t BLOCK 11 t AND LOTS 7, 8 AND 9 J BLOCK 11. TOWN OF BOYNTONt A SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 23, IN THE PULIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DATE OF SURVEY: 10/18/98 , . ~~:" ... .[> J: I . : "..;..' ~ ~ ~ \ .. GENTRY ENGINEERING & LAND SURVEYING, INC. P.O. BOX 243 DELRAY BEACH. FLORIDA 33444 (561) 272-1924 MINUTES OF THE PLANNING a. DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, APRIL 13,1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman Jim Reed, Vice Chairman J. Stanley Dube Pat Frazier Mike Friedland Steve Myott Maurice Rosenstock Frances Cleary, Alternate Woodrow Hay, Alternate Mike Rumpf, Planning & Zoning Director Michael Cirullo, Assistant City Attorney 1. INTRODUCTION OF THE BOARD Chairman Wische called the meeting to order at 7:05 p.m. Following the Pledge of Allegiance to the Flag, he introduced the members of the board including the two board alternates, Assistant City Attorney Cirullo, Mr. Rumpf and the Deputy City Clerk. On be~alf of the Planning & Development Board, Mr. Dube congratulated Mr. Rumpf on his recent promotion. 2. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON Motion Mr. Rosenstock moved to nominate Lee Wische as chairperson of the board. Mr. Friedland seconded the motion. Motion Mr. Rosenstock moved to close the nominations. Mr. Friedland seconded the motion that carried unanimously. The motion to elect Lee Wische as chairperson of the board carried unanimously. Chairman Wische thanked the members of the board for their confidence in him. Motion Mr. Rosenstock moved to nominate Stan Dube as Vice Chairperson of the board. Mr. Reed seconded the motion. 1 MEETING MINUTES "" PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ..., APRIL 13, 1999 Motion Mr. Friedland moved to close the nominations. Mr. Rosenstock seconded the motion that carried unanimously. The motion to elect Stan Dube as Vice Chairperson carried unanimously. 3. AGENDA APPROVAL Vice Chairman Dube moved to approve the agenda as presented. Mr. Rosenstock seconded the motion that carried unanimously. 4. APPROVAL OF MINUTES Vice Chairman Dube moved to approve the minutes of the March 23, 1999 meeting. Mr. Reed seconded the motion that carried unanimously. s. COMMUNICATIONS AND ANNOUNCEMENTS A. Planning and Zoning Report 1. Final disposition of the March 23, 1999 Planning and Development Board meeting agenda items. Mr. Rumpf reported the following City Commission action on items previously reviewed by the' Planning & Development Board: ,. Stor-AII Approved ~ Height Variance for Deanna Patrick - Denied ~ Unisite Communication Tower Postponed at Applicant's Request - Staff will recommend that the City Commission remove this item from their agenda at the next meeting. ~ Wal-Mart Ordinances Approved on first reading 6. OLD BUSINESS None 7. NEW BUSINESS: A. PUBUC HEARING 2 MEETING MINUTES PLANNING It DEVELOPMENT SOARD BOYNTON BEACH, FLORIDA Zoning Code 1. PROJECT: AGENT: LOCATION: DESCRIPTION: APRIL 13, 1999 Pelican Estates, Inc. William Koch 1340 Neptune Drive Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 1l.H.16 to allow for a reduction in the required ratios of one (1) parking space per 800 square feet (warehouse use) to 1 parking space per 1,000 square feet, and 1 parking space per 500 square feet (manufacturing use) to 1 parking space per 600 square feet, which represents a reduction of 6 required spaces. Attorney Cirullo administered the oath to all that would testify during these proceedings. Bill Glenn, Secretary/Treasurer of Pelican Estates, 216 North Seacrest Circle, Delray Beach, represented Agent William Koch. Mr. Rumpf had no additional comments to report. CHAIRMAN WISCHE ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPUCATION. Motion Vice Chairman Dube moved to approve the request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 1l.H.16 to allow for a reduction in the required ratios of one (1) parking space per 800 square feet (warehouse use) to 1 parking space per 1,000 square feet, and 1 parking space per 500 square feet (manufacturing use) to 1 parking space per 600 square feet, which represents a reduction of 6 required spaces, subject to all comments. Mr. Reed seconded the motion. When Mr. Friedland inquired about the size of this parcel of land, Mr. Glenn responded that it was .98 acres. The motion carried unanimously. Land Use Amendmentl Rezoninq 2. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Robert Katz Historic House Martin O'Shea Robert Katz 306 SE 1st Avenue Request approval of Amendment to the Future Land Use Map of the Comprehensive Plan from Low Density Residential (LOR) 3 MEETING MINUTES ~ PLANNING" DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ., APRIL 13, 1999 to Local Retail Commercial (LRC) and rezone the property from R1A to C2 to allow for adaptive reuse of historic home and parking facilities. Martin O'Shea was present in the audience and Robert Currie, Architect, approached the podium. Mr. Currie advised that the applicant had an objection to Comment #1 that reads as follows: "Use of the subject property will be limited to a historic home, ancillary element such as garage/utility building, outdoor gathering and entertainment areas, and parking facilities. " He advised that the applicant would like to use the building for an undefined use in the future such as a coffeehouse. The use would not be expanded in any way, but the applicant would like an opportunity to use the building. Mr. Rumpf advised that such a use would be permitted. He explained to the board members that the applicant would like to modify that condition. When the members expressed concern that modifying the condition at this time would be like giving the owner carte blanche, Mr. Rumpf pointed out that because of its size, this property could never become a major restaurant. CHAIRMAN WISCHE ANNOUNCED THE PUBUC HEARING. Edith Coooer. 120 SE 1st Street. President of the Vivienne Condo Association. spoke on behalf of the residents who are concerned that expa'nsion of this use will create traffic and noisy conditions because of deliveries. She explained that this is a quiet street with 11 children living in this condominium. Ms. Cooper said the residents currently have a problem with the grocery store located on Ocean Avenue because of deliveries and trash pickup. She said there are a lot of young people living in this area and they do not want business on this particular street. Mr. Currie advised that the applicant plans to construct buffer walls on the south and west sides of this parcel. All deliveries would be internal to the site. Chairman Wische read the following letter from Mr. Harvey E. Oyer, Jr. into the record: Addressed to: City of Boynton Beach Planning and Zoning Division Re: Public Hearing 4/13/99 Robert Katz 306 SE 1st Avenue ''Gendemen: I have reviewed the plan on file and urge that the rezoning be granted. I believe this proposed change in zoning will benefit the entire city. I think it WIll enhance the desirability or mine and my f'ami/yS properties in the designated area. Respectfully you~ HaNey E. Oye/; Jr. " 4 MEETING MINUTES PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 13, 1999 Mr. Rosenstock requested that Mr. Rumpf explain how rezoning this parcel would benefit the City. Mr. Rumpf explained that this is a very small parcel of property in a transitional area. This parcel flanks a C-2 zoning district to the south. Staff feels this minimal extension of the zoning district would encourage expansion in that area. There are other historic homes in this area that are well maintained. Mr. Katz has purchased additional property and plans to redevelop it into a small commercial site. Mr. Rumpf explained that when the use comes through for approval, it could be limited as to hours of operation. The benefit to the Oty would be the increase in activity in the area. Mr. Rosenstock questioned whether or not staff would permit the applicant to gut the inside of the structure, without expanding it, to create a restaurant in this building. Mr. Rumpf responded that such a situation has occurred in the past. Mr. Rosenstock felt it would be unfair to permit this rezoning since the residents who purchased property in this area did so because it was zoned residential. He felt that all purchasers should be notified that they are buying in a transitional zone so that they could make an informed decision on whether or not to purchase the property. Mr. Currie pointed out that there is not enough room in this structure to even build a gourmet kitchen and the owner has no intention of making this structure any larger. Mr. Rosenstock inquired if the owner would be amenable to complying with specified hours of operation. Mr. Currie felt confident that Mr. Katz would agree, but pointed out that the Occupational Licensing process would probably cover that. He recommended that the board make the hours of operation a condition of approval. Mr. Myott envisioned this structure as a rental property for private parties. Mr. Rumpf explained that at one of the first meetings he had with Mr. Katz, he talked about using the structure for receptions. Mr. Friedland said he would not object to this request and would not have a problem with a coffeehouse as long as the community was buffered from the use. Chris Francois, 65 Spanish River Drive, Ocean Ridge, expressed concern about rezoning this parcel of land and about this project in general. Although she agreed that upgrading of the zoning might be in order, her concerns centered on the public restroom and the parking situation. She felt the house was beautiful and would be a great museum project. Ms. Francios pointed out that Ocean Avenue has always been a commercial district, but no commercial has ever existed in this particular area. Vice Chairman Dube confirmed with Mf Francois that she is a property owner within the City limits of Boynton Beach. Mr. Rosenstock pointed out that even the architect has not been formally advised of the intended use at this point. In addition, the next thing that will become an issue will be the signage, and the neighbors will have to deal with that. By approving this request, the door will be opened to allowing 5 MEETING MINUTES ...,. PLANNING. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA .., APRIL 13, 1999 commercial establishments in residential districts. Mr. Myott felt the owner of this property should have been present for this hearing so that he could define the intended use. He felt that the lack of specifications gave this request a "tricky" feel. Chairman Wische reminded the members that at this point, there is no way of knowing the use that will come in. Motion Mr. Rosenstock moved that we reject this petition for Robert Katz Historic House, request approval of Amendment to the Future land Use Map of the Comprehensive Plan from Low Density Residential (LOR) to Local Retail Commercial (LRC) and rezone the property from RlA to C2 to allow for adaptive reuse of historic home and parking facilities. Vice Chairman Dube seconded the motion. Mr. Friedland reiterated his support and stated that he would be comfortable approving the request as long as the project is fenced in as depicted on the plans. The motion carried 5-2. (Mr. Friedland and Ms. Frazier dissented.) B. USE APPROVAL 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Mobil Station at Quantum Park PID Michelle Coward Quantum Park Partners Ltd. Southwest corner of Gateway Boulevard and High Ridge Road Request the list of approved uses for the Quantum Park PID be amended to include gasoline sales with convenience store and car wash. Mr. Rumpf reported that the applicant had requested a postponement of this application based on timing it with their request for conditional use approval that will appear on the next agenda. Motion Mr. Rosenstock moved to table this item per the request of the Planning Department. Vice Chairman Dube seconded the motion that carried unanimously. Mr. Rosenstock questioned whether the petitioner or City staff prepared the location map. Mr. Rumpf advised that staff prepared the location map that. depicts the closest gas stations. 2. PROJECT NAME: AGENT: OWNER: PGD, Inc. Richard C. Ahrens, Ahrens Companies Ms. Shelley Childers, PGD, Inc. 6 MEEllNG MINUTES PLANNING. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA LOCATION: DESCRIPTION: APRIL 13, 1999 151 Commerce Road, High Ridge Commerce Park PID Request the list of approved uses for the High Ridge Commerce Park PID be amended to include the manufacturing, wholesale and storage of cast stone products. In response to Mr. Rosenstock, Shellv Childers. Vice President of PineaDDle Grove Designs. said sand and cement would be the product composition. Water is added to the ingredients and cast stone tile results. These small tile products are applied to the exteriors of buildings. The sand and cement will be delivered in 2,000 pound bags that are stored in interior silos until they are dispensed. Ms. Frazier asked the applicant to explain the product that would be manufactured. Ms. Childers said they would manufacture I" thick medallions that are applied to the exterior of buildings. CHAIRMAN WISCHE ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPUCATION. Motion Vice Chairman Dube moved to approve the request that the list of approved uses for the High Ridge' Commerce Park PID be amended to include the manufacturing, wholesale and storage of cast stone products, subject to all staff comments. Mr. Myatt seconded the motion that carried unanimously. C. SITE PLANS New Site Plan 1. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: PGD, Inc. Richard C. Ahrens, Ahrens Companies Ms. Shelley Childers, PGD, Inc. 151 Commerce Road, High Ridge Commerce Park Request approval to construct a 19,293 square foot building to be used for manufacturing, wholesale and storage of architectural cast stone products. When Chairman Wische reminded the agent that there were 14 staff comments associated with this application, Mr. Dove Furer, Project Manager, stated that there were no objections to any of those conditions of approval. CHAIRMAN WISCHE ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPUCATION. Mr. Rosenstock asked Mr. Furer if the applicant would comply with a request to add additional landscaping to the project. Mr. Furer advised that a meeting had taken place with the Landscape Architect and the plans would be submitted to the City within a week. 7 MEETING MINUTES ..,. PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ." APRIL 13, 1999 Mr. Rumpf added that the landscaping depicted on the plans was identical to the landscaping already provided in the area. Because the easement along the frontage is located close to the front of the building, there is no lush landscaping. Palm species are being used to be utility easement friendly. There is a required 25'-30' perimeter buffer required in this PID. On the south side of the plan, Waxed Myrtles and Eugenias will be planted. When Mr. Myott questioned whether or not the Planning & Development Board had seen this plan in the past, Mr. Rumpf explained that this is a long narrow parcel with warehouse buildings. Therefore, each project that has come forward is very much the same as the last. Motion Mr. Myott moved to approve the request to construct a 19,293 square foot building to be used for manufacturing, wholesale' and storage of architectural cast stone products, subject to all staff comments. Ms. Frazier seconded the motion that carried unanimously. 8. OTHER None 9. COMMENTS BY MEMBERS >- Mr. Rosenstock commented that it is very easy to note on a calendar from year-to-year when the elections for this board are to occur. This is the second time the elections were left off the agenda. He also requested that revised agendas be clearly marked "REVISED" and delivered to the members prior to the meeting. >- Mr. Rosenstock requested that the members of the board be provided with a map depicting all of the gas stations within the City of Boynton Beach. He would like the map color-coded to indicate auto repair businesses as well. ~ Mr. Rosenstock requested a status report on the revision of the Sign Code. Mr. Rumpf reported that no one is currently working on that project. Mr. Rosenstock said this was a project that was workshopped and discussed on multiple occasions. He requested that the City Commission report back to the Planning & Development Board that assignments have been made to continue the progress of developing a new Sign Code for the City of Boynton Beach. Mr. Myott said he was at a meeting of the AlA Board of Directors at the County a few months ago when a discussion took place about signage being almost more important than the appearance of the exteriors of buildings. Bad signage will ruin a neighborhood faster than any other aesthetic item. Therefore, Mr. Myott is in favor of moving forward with the revised Sign Code with quality in mind. 8 MEETING MINUTES PLANNING&. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 13, 1999 Mr. Rosenstock requested that Chairman Wische poll the members to determine who was in favor of moving his recommendation forward. The vote was unanimous. Mr. Reed pointed out that there have been two false starts within the last 2V2 years. This is a project that must be completed. ~ Mr. Rosenstock recalled that the Comprehensive Plan must be sent to Tallahassee in April. Mr. Rumpf explained that there are two deadlines; one in April and one in October. Mr. Rosenstock said the Planning Department should make a recommendation to the City Commission that a workshop be held to review the currently existing Comprehensive Plan so that it is possible to know what people are talking about when they request changes such as the rezoning considered at this meeting. It is important to know what is located on each property and to know the delineation of the boundaries. Mr. Rosenstock pointed out that the Comprehensive Plan is not meant to be set in granite. Therefore, it is necessary to take a look at it. Mr. Rumpf said there would be an opportunity to do that. The Comprehensive Plan is currently in the EAR based amendment stage. A contract has been executed with the consultants and they are currently working on implementing the EAR product. They will be coming back to us within the next few months with proposed amendments. There is new State law that must be incorporated into the Comprehensive Plan and many of the policies are outdated. Mr. Rumpf has requested that the consultant review the Land Use and Problems Opportunities Section, Section 8, which is a site-by-site description, analysis and recommendations. Mr. Friedland thanked Mr. Rosenstock for his remarks about letting things go. He is anxious to get this signage done so that it will add to the beauty of the City. Mr. Rumpf advised that staff is not opposing changes. The files and notes are still fresh and have not been stored away. This project is on the Department's agenda of things to do and staff will get to this project. 10. ADJOURNMENT There being no further business to come before the Planning & Development Board, the meeting properly adjourned at 8:00 p.m. fn.~ f1::::. Prainito Deputy City Clerk (One Tape) 9