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Minutes 01-22-02MEETING MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, JANUARY 22, 2002 AT 7:00 P.M. Present Lee Wische, Chairman Steve Myott, Vice Chair William Cwynar Robert Ensler Mike Fitzpatrick Woodrow Hay Maurice Rosenstock Edward Currier, Alternate Mike Friedland, Alternate 1. Pledge of Allegiance David Tolces, Assistant City Attorney Mike Rbmpf, Planning and Zoning Director Lusia Galav, Principal Planner Eric Johnson, Planner 2. Introduction of the Board Chairman Wische introduced the Board Members, Assistant City Attorney David Tolces, members of the staff and the Recording Secretary. Chairman Wische also introduced the Board Alternates who were in the audience. 3. Agenda Approval Motion Mr. Rosenstock moved to approve the agenda. The motion was duly seconded by Mr. Hay and unanimously carried. 4. Approval of Minutes - December 26, 2001 Mr. Fitzpatrick requested that the minutes on Page 15 under the PID Item be corrected to reflect his comment "that a pedestrian was murdered there a few days previously due to a lack of sidewalks and was run over by a car." Motion Mr. Hay moved to approve the minutes with the necessary correction. Motion seconded by Mr. Ensler and unanimously carried. Chairman Wische called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the Flag. Meeting Minutes Planning &Develop, nent Board Boynton Beach, FL 33426 January 22, 2002 5. Communications and Announcements A. Planning and Zoning Report Final disposition of the December 26, 2001 Planning and Development Board Meeting agenda items. Mr. Rumpf reported on the following action taken by the City Commission at the January 2, 2002 meeting: 3. 4. 5. 6. The High Ridge PID Items were all approved. This includes the Master Plan Modification, the corresponding Site Plan Approval, and the Master Use Approval list for the entire PID. The Woolbright Medical Building site plan extension was approved. Krispy Kreme Project Comprehensive Plan Amendment and Rezoning was approved under Public Hearing. The Krispy Kreme site plan was approved with additional conditions. Mobil on the Run Major Site Plan Modification was approved. The Calvary Chapel items were adopted on second reading. Mr. Rumpf reported on the following action taken by the City Commission at the January 15, 2002 meeting: 1. Under Public Hearing, the, Land Use Amendment, Rezoning and Site Plan for Dakota Lofts were approved. 2. The Marouf Car Wash Site Plan was approved with additional conditions. 3. The Krispy Kreme Land Use Plan Amendment and Rezoning were approved on first reading. Vice Chair Myott pointed out that the Dakota Lofts and Marouf Car Wash were CRA items, which Mr. Rumpf acknowledged was correct. 6. Old Business A. Code Review Project Name: Agent: Owner: Location: Definition of Height/Height Exception Bradley Miller, AICP N/A Cityvvide 2 Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January22,2002 Description: Request for a code review to revise the definition of "building height" found in Land Development Regulations, Chapter 1, Article II and to add language to the exemptions to the maximum building height found in Land Development Regulations, Chapter 2, Section 4.F.2, Assistant City Attorney Tolces administered the oath to all persons who would be testifying. Attorney Tolces pointed out that this item is coming back to the Board at the request of the Legal Department. After the Board,s last meeting, the Legal Department raised some concerns regarding the language that was originally proposed in the height exception with respect to church height. The Legal Department requested that the Board review the item again and come up with new language that could be universally applied throughout the City. Mr. Rosenstock inquired what the specific objection was. Attorney Tolces responded it was naming only "churches", thereby treating non-religious institutions differently. The proposed language change refers to "places of assembly" that would include churches, synagogues, conference centers, and auditoriums. Ms. Galav pointed out that there are two Code revisions being proposed. One is to change the definition of height. Staff still recommends approval of the definition of height. The change being requested is for this particular height exception and to change the language to "places of assembly" and to provide a definition for "places of assembly." Mr. F~osenstock pointed out that if this language were adopted it would include a large variety of places where an assembly could be held and would broaden the height limits in the City. Attorney Tolces responded that this was correct. He pointed out, however, that all items would still have to come before this Board for approval for the granting of a height exception. Ms. Galav also pointed out that there are eight criteria that would have to be met before the Board, and the Commission, could grant a height exception. Mr. Ensler had concerns about possible lawsuits. Ms. Galav pointed out that a height exception would have to meet the eight criteria to the Board's satisfaction. If an applicant does not meet the eight criteria to the Board's satisfaction, the Board could make a legitimate determination of denial. Mr. Ensler also had concerns that an applicant could apply for a height variance. Attorney Tolces addressed his concerns and explained that a variance is a different process. Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January 22, 2002 Chairman Wische opened the public hearing. Mr. Bradley Miller, Miller Land Planning Consultants, representing the First Baptist Church, stated that the variance process applies more to land, whereas a height exception applies to buildings and building height. Motion Vice Chair Myott moved that the Board reconsider this item from its previous meeting. Motion seconded by Mr. Hay and carried 7-0. Motion Mr. Ensler moved that Chapter 2, Zoning Section 4.F.2 be approved as indicated. Motion seconded by Mr. Hay and carried 7-0. Motion Mr. Ensler moved to approve the amendment to Chapter 1, Article II, definitions of building height. Motion seconded by Mr. Hay and carried 7-0. Motion Mr. Ensler moved to approve the previously presented items from the December 26, 2001 meeting. Motion seconded by Mr. Hay and carried 7-0. 7. New Business A. PUBLIC HEARING Conditional Use/Site Plan Project: Agent: Owner: Location: Description: Woolbright Plaza H.P. Tompkins Veronica Motiram 1609 S. Congress Avenue Request Conditional Use/Site Plan approval to raze an existing bank building in order to construct a new 14,490 square foot Walgreen's store with a drive- through facility combined with 4,800 square feet of commercial space and a separate four (4) story 40,000 square foot office/retail building for a total of 59,290 square feet of building area on 4.945 acres. Project to be done in phases. 4 Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January22,2002 Staff Postponed to February 26, 2002 Planning and Development Board Meeting Motion Mr. Cynwar moved that Item 7.A.1 be postponed. Motion seconded by Mr. Hay and unanimously carried. B. Height Exception 1. Project: Agent: Owner: Location: Description: Staff Postponed Board Meeting Woolbright Plaza H.P. Tompkins Veronica Motiram 1609 S. Congress Avenue Request a height exception pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow a peaked roof on a proposed office/retail building at 61 feet-6 inches; a distance of 16 feet-6 inches above the 45 foot maximum height allowed in the C-3 zoning district. to February 26, 2002 Planning and Development Motion Mr. Rosenstock moved that Item 7.A. 1 be postponed. Motion seconded by Mr. Hay and unanimously carried. C. New Site Plan Project: Agent: Owner: Location: Description: Corina Collin Center, LLC Philip Aguirre Corina Collin Center, LLC North side of Woolbright Road approximately 263 feet east of Congress Avenue Request for site plan approval to construct a two-story 9,143 square foot Medical/M.R,I. office building on 1.12 acres. Enrico Popescu, 913 Diplomat Parkway, Hallendale Beach, Florida 33009, is representing the architect and the owner. Chairman Wische pointed out that there were 21 staff comments. The agent agreed to all staff comments. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January 22, 2002 Mr. Ensler asked staff if the colors of the building would be compatible with other buildings in the area. Mr. Eric Johnson responded that the project was reviewed on its architectural style and colors. He asked the agent to explain why the colors depicted on the artist's drawing were chosen. The agent stated that the owner chose the colors and style for its Mediterranean appeal. He felt that the gold tones with gold accents would blend nicely in the area. The roof tiles are a mixture of gold, yellow and red tones to match the building. Staff recommends approval and feels that the project would fit in with the community. Staff determined that the colors were compatible. Each project is reviewed on a case-by-case basis and must comply with the Community Design Plan. Mr. Rumpf said that the colors in the area are lighter pastel tones, but there are other unique colors in the area. Mr. Rumpf also felt that the colors would blend in. Vice Chair Myott inquired about the colors and design of the roof and the rotunda. Mr. Popescu stated they were natural tone concrete and everything on the building that appears white is actually natural cast stone. Vice Chair Myott inquired about the roof material and was informed that it would be a multi-color, barrel tile roof. Mr. Popescu stated that a multi-colored roof was chosen in the event of a hurricane because it would be difficult to locate the same tile colors. Mr. Rosenstock disagreed that the applicant's "barn red" roof would blend in with the Fidelity Bank Building roof. Mr. Rosenstock also did not feel that the colors would blend in with the surrounding buildings and did not approve of the colors. Mr. Enlser would like staff to work with the applicant to make the building fit in better with the surrounding buildings. Mr. Popescu stated that the colors can always be changed, but these are the colors that the owner wanted. He pointed out that the building is fashioned after a very beautiful building in Rome. Mr. Rumpf offered to work with the agent in coming up with colors that the Board would like to see. Mr. Rumpf suggested that staff be furnished with a photograph of the building in Rome and Mr. Popescu said he would furnish this by tomorrow. Chairman Wische requested that the Board make a motion at this time. Vice Chair Myott said he still had concerns about the slope of the rotunda roof and would like to see this design changed. 6 Meeting Minutes Planning & Development Board Boynton Beach, Fl. 33426 January 22, 2002 Motion Mr. Ensler moved that the site plan for Corina Collin Center be approved, subject to the conditions of approval in Exhibit C, and subject to the colors being made compatible with the adjoining buildings. Vice Chair. Myott said he would second the motion if the stucco above the highest fascia could be eliminated and that the roofs be tied together. Mi'. Ensler asked the applicant if he would agree to Vice Chair Myott's condition. The agent would not agree to Vice Chair Myott's request. Vice Chair Myott withdrew his second of the motion. Mr. Rosenstock seconded the motion'. The motion carried 6-1 (Vice Chair Myott dissenting.) Project: Agent: Owner: Location: Description: Golden Corral Restaurant Jeffrey Silberstein Wal-kMart Stores East, Inc. West side of Winchester Park Boulevard, north of Boynton Beach Boulevard. Request for site plan approval to construct a 10,330 square foot restaurant (390 seats) on 2.65 acres. Jeffrey Silberstein of Silberstein Architects, 524 NE 2nd Street, Delray Beach, Florida, the agent for the applicant, stated that they agreed with all 20 staff comments. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. There were no comments from members of the Board. Motion Mr. Hay moved to approve the request of Golden Corral Restaurant for site plan approval to construct a 10,330 square foot restaurant (390 seats) on 2.65 acres, subject to all staff comments. Motion seconded by Mr. Cynwar and carried 7-0. Do Major Site Plan Modification Project: Agent: Owner: Location: Villas @ Quantum Lake Mark Hansen, Vice President Villas at Quantum Lake Corporation Request Major Site Plan Modification for an additional 42 residential units to be located on 7 Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January 22, 2002 a 2.91-acre addition to this approved 272-unit project. Ms. Galav presented an overview of the site plan. The first 272 units at the Villas @ Quantum Lake are currently under construction. As a result, a notice of a proposed change to the DRI was submitted that created two additional lots for mixed-use. The property is currently being, replatted. Staff Condition #20 has been satisfied and this comment should be deleted when the motion is made. Mark Hanson, Olen Development, 1062 Coral Ridge Drive, Coral Springs, Florida, stated that they agreed to all staff comments with the exception of Comments #13, #14, #15 and #16. Mr. Hanson.requested that Mr. McGillicuddy address these comments. Tom McGillicuddy, 1902D Palm Land Drive, Boynton Beach, stated they were given permission to build 500 residential units on 62 acres of a mixed-use project in Quantum Corporate Park. At that time, the City Commission said they would look at the recreational fees each time Quantum came before the Board for site plan approval. When Quantum was granted approval to build 272 units, the City Commission waived the recreational fees. Quantum is now applying for 42 more units and feels that the recreational fees for these 42 units have been exempted, because the fees were exempted for 500 units. Mr. McGillicuddy listed the environmental and recreational features and amenities currently in Quantum Park, which are paid for by the property owners through their association fees. Since the public is permitted to use these amenities, the property owners feel that they would be paying twice. He also pointed out that the property owners of Quantum Park have never received any developer incentives from either the City or County that are offered to other developers. This has always been their position. Mr. Ensler said he was confused about the recreation fees being requested in staff comment #16. Ms. Galav noted that this is a standard formula that is applied to all residential development in the City. The applicant is applying for an additional 42 units and the formula applied by the Parks and Recreation Director is to give ¼ credit for the recreational amenities, which can be given in either land or cash. Comment #15 states that the applicant can donate .315 acres in land or cash. Mr. Ensler asked what the cash value would be. Mr. McGillicuddy responded that under the current City formula, that would be $102,372, or $2,437 per unit. He noted that the City is currently reviewing this formula because it has gotten out of control. Mr. Rosenstock asked staff how much money Quantum Park would have to pay in recreational fees if it provided none of the existing amenities. Ms. Galav stated 8 Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January 22, 2002 that the Planning and Zoning Division is not involved in these negotiations. The City's Code requires that all residential development pay a recreational impact fee and this is a residential development. When the PID was developed as a DRI, it had to dedicate certain amounts of land as part of the DRI. Staff does not have the legal right to waive recreational impact fees. Only the Commission can do this. The Commission waived the impact fees for the first 272 units. Staff must continue to recommend that the recreational fees be paid as it applies to all other recreational developments. It would be up to the Commission to decide if they want to waive the fees again. Mr. Rosenstock asked why this was on the agenda, if this Board had no authority to waive this fee, Attorney Tolces noted it was one of the conditions of approval. Mr. Rosenstock suggested that this Board make it a condition of approval that the Board ask the City Commission to consider waiving the fees. Attorney Tolces stated that the Board could make this recommendation. Mr. Fitzpatrick pointed out that the amenities approved were approved for the original apartments and further stated that these additional 42 units are a gift from the City, since they are being built on a public road and a jogging path. Quantum is increasing the density, while decreasing the quality of life for the residents of these units. Ms. Galav responded that the recreational amenities, including the new units, are sufficient according to the Parks Director. Ms. Galav also pointed out that Quantum Park has been approved for 1,000 units and the project is no longer being referred to as 500 units with an additional 500 units. Mr. Fitzpatrick stated that the newly created lot 101 contains 2.91 acres. This is where the 42 units will be built. Currently this is a jogging trail and a public road. Ms. Galav said the units would be built on the lake right of way and the road, which is being replatted. The new lot was created through amendment #12. Mr. Fitzpatrick asked whether there was any mitigation for the loss of the jogging trail area when the change was made. Ms. Galav responded that there was none. Mr. Hanson pointed out that the size of the pool, the pool deck and the dock were increased and added to the original site plan to address the additional 42 units. The pool now extends into the lake with a deck. Mr~ Ensler asked if Quantum would be willing to give lot 31 or a portion of that lot to the City to help the City with their park in Quantum. Mr. McGillicuddy said that they had previously offered these lots to the City and the City never moved forward with it. Douglas McDonald, 2500 Quantum Lakes Drive, Boynton Beach, asked to address this question and was administered the oath. Mr. McDonald said that 9 Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January 22, 2002 his corporation spent $50,000 designing a baseball park and the City said they couldn't afford to maintain the park. Quantum also offered the City nine miles of linear parks. Quantum paid $165,000 to redo a sidewalk for the new High School that goes only to the High School. Mr. McDonald said they had an agreement with the City that 500 units would be exempt from the recreational impact fees and this would be done through site plan approval. He stated that the only incentive Quantum ever received from the City was the waiver of the recreational fees and the reason the waiver was granted was because the City cannot maintain the areas that are used by the public. Mr. McDonald also pointed out that there already is a dog park in Boynton Beach and it is in Quantum Park. Mr. McDonald pointed out that the owners of the project will pay over $70,000 per year in association fees, $40,000 of which goes towards the maintenance of the public areas that is open to everyone in the City Mr. McDonald further stated that his office building pays $750 per month for storm water fees, yet their buildings don't contribute any storm water to the City, because they handle their own storm water. Mr. Ensler inquired whether the 42 units were in addition to the 500 units or are they included in the 500 units. Mr. McDonald responded that the 42 units are part of the original 500. Mr. Ensler asked Ms. Galav if her understanding was the same as Mr. McDonald's regarding the 500 units and she stated it was not. Ms. Galav stated that the minutes of the Commission meeting, when the units were waived, stated that it was for 272 units specifically. The Commission noted it would deal with the remaining units at site plan approval. Mr. McDonald stated that they have never reneged on an obligation or commitment to the City in four years and have put $175 million into Boynton Beach, without ever coming back to the City for changes to anything agreed to. Mr. Ensler inquired if he made a motion that Quantum would contribute lot 31 to cover the recreation fees, would they agree to that. Mr. McDonald said he would not, because he offered the land in December 2000, and it was turned down. Vice Chair Myott and Mr. Rosenstock agreed with Mr. McDonald's interpretation of the waiver of the fees. Mr. Rosenstock also recalled when Quantum Park offered the lanc~ to the City. Mike Friedland also felt that the original waiver was for 500 units because he was on the Board that night. Mr. Friedland said he was embarrassed because every time Quantum wants something they are treated like outsiders. Mr. Friedland requested that the Board recommend to the City Commission and staff that the waiver include these 42 units. 10 Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January22,2002 Mr. Rosenstock asked Mr. McDonald why he was retracting his offer to the City of lot 31 and Mr. McDonald responded that this lot would affect the 42 units going in. Chairman Wische said he has been on the Board from the beginning with Quantum Park and that he always fights for Quantum Park because they always deliver. They have paid their dues and Quant'um is the best thing that has ever happened to Boynton Beach. Chairman Wische stated that Quantum should not have to pay any recreational fees whatsoever. Mr. Fitzpatrick pointed out that originally there was going to be only 500 rental units in Quantum Park and then they came back and asked for another 500. Mr. McDonald responded that there would only be 500 rental units and the additional 500 units would be fee-simple units. Motion Mr. Rosenstock moved that Item 7.D.1, for the Villas at Quantum Lake, located at Quantum Lakes Drive, request for Major Site Plan Modification for an additional 42 residential units to be located on a 2.91 acre addition to this approved 272 units project be approved, subject to all conditions of approval, with the exception of Comments #13, #14, #15, #16 and #20, and requesting that the City Commission relieve Quantum Park of any impact fee necessitated by this construction project. Motion seconded by Mr. Ensler. The motion carried 6-1 with Mr. Fitzpatrick dissenting. For clarification purposes, Mr. Ensler pointed out that this totals 314 units of the 500 units and for the record there still are 186 units remaining under the agreement with this Board. Mr. Rosenstock noted that the City staff is bound by the Code and that the Code needs to be changed. Mr. McDonald responded that Quantum Park is not subject to all the Codes in the City. 8. Other Mr. Hay recommended that the City acquire a hand-held microphone so that people who speak in front of their drawings can be heard. Vice Chair Myott requested that the number of units in Quantum that are exempt from recreation fees be put in writing to avoid going through this lengthy process again. 11 Meeting Minutes Planning & Development Board Boynton Beach, FL 33426 January22,2002 None 10. Comments by Members Adjournment There being no further business, the meeting properly adjourned at 9:10 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (January 24, 2002) 12