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Minutes 08-27-02MZNUTES OF THE PLANNZNG AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 27, 2002 AT 7:00 P.M. Present Mike Friedland, Chair Woodrow Hay, Vice Chair Ed Currier William Cwynar Mike Fitzpatrick Edward Hillery Maurice Rosenstock Bob Ensler, Alternate Alice Otis, Alternate David Tolces, Assistant City Attorney Lusia Galav, Principal Planner Maxime Ducoste-Amedee, Planner Laurinda Logan, Civil Engineer 1. Pledge of Allegiance Chair Friedland called the meeting to order at 7:00 p.m. and Mr. Currier led members in the Pledge of Allegiance. Chair Friedland called for a moment of silent prayer for Mayor Gerald Broening who is recovering from heart surgery. 2. Introduction of the Board Chair Friedland introduced the Board Members, Assistant City Attorney Tolces and staff. Chair Friedland recognized Lee Wische, former Planning & Development Board Chair. 3. Agenda Approval Motion Vice Chair Hay moved to approve the agenda. Motion seconded by Mr. Cwynar. It was noted that the applicant has requested that the Bethesda Hospital Physician Parking item be tabled for one month. Motion Mr. Rosenstock moved to approve the agenda as amended. Hillery and carried unanimously. Motion seconded by Mr. 4. Approval of Minutes Motion Mr. Hillery moved to approve Development Board meeting. carried. the minutes of the July 23, 2002 Planning & Motion seconded by Mr. Currier and unanimously Meeting Minu,=s Planning and Development Board Bov~t~n Beach, Florida Auczust 27, 2002 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the July 23, 2002 Planning and Development Board Meeting agenda items. Ms. Galav reported that the two Bethesda Hospital rezoning items were approved by the City Commission and will now proceed to the next Commission meeting for first reading of the ordinances. Bethesda Hospital Physician Parking (new site plan), was tabled by this Board and will return next month. The Medical Arts Professional Center, Monahan & Monahan Office Building, and the Tri-Rail Expansion projects were approved by the City Commission. Ms. Galav also reported that the interview panel has interviewed companies for the re-writing of the Land Development Regulations and has selected the RMPK Group. This item will be on the City Commission agenda for ratification on September 17% It will be a one-year process and the Planning & Development Board will be involved. 6. Old Business A. New Site Plan Project Name: Agent: Owner: Location: Description: Bethesda Hospital Physician Parking (NWSP 02-0tl) (APPL]:CANT RE(~UEST TO TABLE) 3aime Gentile, Kilday & Associates, Thc. Bethesda Memorial Hospital; Sintilien Georges; Jesus and Joan Santiago 2700 Block of SW 4t~ Street Request for New Site Plan approval for a 31,672 square foot parking garage in a proposed Public Usage (PU) zoning district on a 1.43-acre parcel This/tern was tab/ed. 7. New Business A. Public Hearing Zoning Code Variance 1. Project Name: Woolbright Plaza (ZNCV 02-009) Meeting Min~.es Planning and Development Board Bovnton _P~ch, Florida Auou~ 27,2002 Agent: Location: Description: Press Tompkin% HPT Consultants, l~nc. SW.Corner of Woolbright Road and Congress Avenue Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L to allow a landscape buffer along the north, approximately 277 feet of the western property line, in lieu of the required six foot high masonry buffer wall required by code, where a commercial and/or industrial district abuts a residential district Assistant City Attorney Tolces swore in everyone who would be testifying tonight. Mr. Ducoste-Amedee presented the item on behalf of staff. He said that the wall requirement came into effect when this site was subject to conditional use approval. He pointed out on a map the area between Quail Run Villas and the C-3 zoning district that is subject to the wall requirement. Nr. Ducoste-Amedee explained that there is an existing utility easement that runs along the perimeter. Within this easement is a Ductile Iron Pipe water main. The buffer wall requirement states that there must be a setback of 2 feet from the property line to build the wall. This means that the wall would sit directly within the utility easement. This proves that there is a hardship because that infrastructure was in place before the applicant purchased the property in 1996. Staff believes that there is a great distance, approximately 600 feet, separating the residential units from this project. Based on the utility easement and the distance factor, staff recommends approval of the landscape buffer rather than the wall, subject to the three Planning and Zoning conditions of approval. Mr. Hillery questioned whether the Cocoplum hedge would get enough sun under the Areca Palms, Press Tompkin, agent for the applicant, explained that they are planning to intersperse the hedge and the palms. The applicant agreed to the three Planning & Zoning conditions. He explained that the applicant is putting in a masonry wall on one portion of the property line and the reason they are not putting the wall on the other portion is because of the existing utility line. The applicant has placed the drive-thru so that it faces east and the lights from vehicles will go towards South Congress. There is only right-in and right-out from Woolbright Road and South Congress Avenue. When questioned regarding access from Congress and the lights shining west, Mr. Tompkin said that is where the palms will be as dense as possible. MeeUng Min..as Planning and Development Board Bovnton Be~ch, Florida Auq~st 27, 2002 Mr. Currier stated that the applicant came before the Board previously and one condition was that a wall should be built. He is in favor of a wall as he does not believe any landscaping would be thick enough to buffer headlights. Mr. Tompkins said that the cost of the wall is not the issue. The reason for the landscaping is because the Utilities Department does not want a wall in the proximity of the water main, Chair Friedland opened the Public Audience portion, Dick Cappella, resident of (~uail Run and a member of the Board of Directors of the Villas of (~uail Run, said he was representing appreximately 600 residents and they are against the variance, He asked how far the easement was from the property line. Mr. Tompkins said that the easement runs contiguous with the property line, Mr. Cappella stated that Quail Run maintains their preperty less than 10 feet from the applicant's property. He felt that since they were that close, Quail Run Villas should have received notice. Cocoplum hedges do not seem to be used much here. They are slow growing and have large, messy berries. Their life span is 5 to 40 years depending on how they are cut so they could have a short life span. He visited several commercial properties and has found none that abuts residential property that does not have a wall for separation. He presented pictures to the Board. The pictures are attached to the original minutes on file in the office of the City Clerk. Mr. Cappella was concerned that vehicle headlights will shine threugh the landscaping and the lights will affect his development. Hr. Tompkins stated that the Utilities Department does not allow a walt in the easement. The applicant would be willing to plant another type of landscaping. Mr. Cwynar asked whether there was adequate space on the Quail Run side to install the wall and whether Quail Run would cooperate. Mr. Tompkins answered that on the Quail Run side, that is part of the Water Management tract. It is their lake maintenance easement and they will not allow any above-ground improvements there. Mr. Rosenstock suggested that maybe the wall could be put in where there would still be room to maintain the water main. Ms. Galav reiterated that the Utilities Department does not permit walls in easements. Bob Ensler said that the intent of the Code is to protect the citizens. He felt that this variance should be denied and the wall should be built away from the water main. He pointed out that some of the landscaping could die. Heeting Minutes Planning and Development Board Bovnton B=.-ch, Florida AuQust 27,2002 Motion Mr. Rosenstock moved that item 7.A.! - the Woolbright Plaza Agent Press Tompkins, HPT Consultants, Inc. - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.L to allow a landscape buffer along the north, approximately 277 feet of the western property line be denied. Motion seconded by Mr. Currier. Mr. Hay asked whether there had been discussion regarding what other options might be available. Mr. Tompkins said they met with City staff on several occasions to work on a landscaping plan and this one is over and above what they normally approve. Mr. Currier thought that the first consideration should have been the wall, before the building or the parking lot. Hr. Hillery asked whether there had been any discussion with the County entity regarding a variance. Mr. Tompkins said that the Water Management District does not allow variances. Vote A vote was called and the motion to deny carried 6-1 (¢ha/r Fried/and d/ssent/ng). B. Subdivision - Master Plan 1. Project Agent: Location: Description: Quantum Park and Village South (SBMP 02-001) (P]:D Master Site Plan) Eugene Gerlica, P.E. South of Gateway, West of High Ridge Road (Lots 62-67B and Lot 100) Request for Master Site Plan Approval for 132,032 square feet of retail/office use and 234 rental apartments on 25.9 acres in the Quantum Park DR[ Ms. Galav presented the case on behalf of City staff. She explained that this is something that the Board has never looked at before or approved before. This is a master site plan as defined in the LDR for a mixed use POD in a PID. This is a site plan for the entire mixed use POD. The lots are directly south of Gateway Boulevard and west of High Ridge Road and have a connection to the Villas at Quantum Lake. In the process of approving this master plan, the Board will approve, in general, what can be developed on this site. The applicant must submit technical site plans to the City for review. They will be reviewed by the Technical Review Committee; the Development Director will issue a Development Order; and then they will proceed with that site plan to building permit. What is being presented tonight is the master plan, which will go to the City Commission for approval. Subsequently, their site Meeting Minu~es Planning and Development Board Boynton B~ach, Florida Aq~qq~st 27, 2002 plans will only have to be approved administratively. Next month~,here will be two additional master plans for the north section of Quantum Park. Ms. Galav explained that the applicant has requested seven waivers from Code requirements. Staff concurs with all of them except one and that is the use of Cuban Laurel plant material for buffering. The City Forester is adamant about not using that material. Ms. Galav said that condition #32, regarding a letter of approval from the Quantum Park Architectural Review Committee, could be removed as the City has received the letter. Also, Comment #36 can be omitted because this project is vested for school concurrency. Mr. Rosenstock questioned what criteria the City has set up regarding mixed use. He asked what the relationship was between commercial and residential. Ms. Galav. responded that they are allowed to have 1,000 residential units that can be placed in the Quantum DR1 on the mixed use lots. They can place them anywhere. The only restriction is on the lots for Quantum Townhomes East and West. They had to be fee simple ownership. For the remainder of the units within this area of the mixed use pod, there is no specific relationship between how much residential or commercial. :It is governed by the master plan for quantum Park. Eugene Gerlica, agent for Quantum Park & Village South, stated that they only have objection to a couple of the conditions of approval. All of the area south of Gateway Boulevard in the mixed use area is now encompassed in what is before the Board for approval. They have consolidated all of the apartment units that will be built within Quantum Park in one location. They have provided the commercial portion along Gateway Boulevard. The residential and commercial elements have been integrated with numerous pedestrian ways. They call this horizontal integration rather than vertical integration (residences and offices on top of the commercial). They do restrict the commercial traffic from going into the residential area. The 132,000 square feet of commercial includes two free-standing restaurant buildings and a drive-thru on the building nearest the Mobil station. They are requesting seven variances. Some will be in line with the City's Land Development Code once it is amended. They are consistent with what has been applicable previously or what has been worked out with City staff to be acceptable. That is why staff concurs with all but one of the requested variances. Motion Mr. Currier moved to approve the item. Chair Friedland stated that there were 39 conditions of which two (conditions #32 and #36) have been resolved. Mr. Gerlica explained that besides the two comments that have been resolved, there are three others, #11, #16 and #17, that he wished to address. Two of them (#11 and #16) would be acceptable by adding at the end of the comment that the 6 MeeUng Minu~gs Planning and Development Board B~vnton E==ch, Florida A~aust 27, 2002 requested information will be provided at the time of technical site plan sub~r review and approval. Ms. Galav had no objection to this amendment. Mr. Gerlica said that comment #17 had been addressed and could be removed. Ms. Galav said that this was a Building Division comment and she did not want to remove it. The same amendment - "To be reviewed at technical site plan" could be added. Mr. Fitzpatrick asked for clarification of comment #38. Ms. Galav said that it means that the applicant is asking for a waiver to use "Cuban Laurel." Our Land Development Regulations prohibit Ficus species throughout the City. Ms. Galav explained that in the motion the Board could deny this variance request. Mr. Fitzpatrick asked how staff felt regarding comment #27. Ms. Galav said that they concur with this variance request. She explained that when they put in the Code the requirement for 50% native landscaping, it was supposed to be for required plant, material. But now staff has to interpret it as al_l site plant material required. Staff wants to maintain the 50% for required plant material, which they agreed to, but staff concurs with this variance request and are planning to amend the Code. Mr. Fitzpatrick suggested that the Board delete the waivers in comments #27 and #38 in their motion. Assistant City Attorney Tolces said that the comments, as presented, are without waivers included. He suggested that if the Board were to approve the presentation with the various comments either removed or amended, then they could subsequently address any waivers that they want to grant or deny. Motion Mr. Currier again made a motion to approve the mixed use project on the condition that the revisions would be handled at a later time on an individual basis. Motion seconded by Mr. Hay. Assistant City Attorney Tolces clarified for the record that comments #11, #16 and #17 would be amended by adding the phrase "These items will be addressed at time of technical site plan review." He also said that comments #32 and #36 are removed. Mr. Currier revised his motion to add the verbiage of Assistant City Attorney Tolces. Motion was again seconded by Mr. Hay. Vote The motion carried unanimously. Waiver request #26 was addressed. Staff approves of this waiver per Ms. Galav. Meeting Min,..es Planning and Development Board Boynt~)n Beach. Florida A~aust27,2002 I~lotion Mr. Currier moved to approve waiver request #26. Cwynar and carried unanimously. Motion was seconded by Mr. Waiver request #27 was addressed. Ms. Galav said that the applicant is requesting that 50% of all required landscaping will be native vegetation and they want to be exempt from the 50% requirement for their landscaping above and beyond the required landscaping. Staff concurs with that request. Mr. Fitzpatrick said that the area where this project is being built is essentially bulldozed class A scrub, of which there is less than 2% remaining. There is a sand pine scrub reserve adjacent to it. The scrub area will serve as a reservoir and a central location for some of the remaining birds and animals. The non-native plants provide no food source whereas native plants usually do. Also, native plants require less water. He requested that this waiver be denied. Hark Han~on, Olen Development~ explained that they meet 100% of the native required plantings. All plantings by the Sand Pine Preserve will be native plants. Ms. Galav added that comment #21 requires that only native Sand Pine compatible landscape vegetation along the existing Sand Pine Preserve perimeter of the site be used. Mr. Gerlica responded to Mr. Fitzpatrick's concern regarding the water use. l~n Quantum Park, by virtue of the South Florida Water Management permit, they are required, when available, to use the surface water for irrigation of their plant material. These projects are adjacent to Water Management tracts and they will be the source for irrigation water. Hotion Mr. Currier moved to approve waiver request #27. and carried 6-1 with Mr. Fitpatdck dissenting. Motion seconded by Mr. Cwynar Waiver request #29 was addressed and staff concurs with it. Iqotion Mr. Rosenstock moved to approve waiver request #29. motion that carded unanimously. Mr. Hillery seconded the Waiver request #3'l was addressed and staff concurs. ~otion Mr. Currier moved to approve waiver request #34. carried unanimously. Motion was duly seconded and Waiver request #35 was addressed and staff concurs. 8 Meeting Minu~es Planning and Development Board Bovnton Beach, Florida Auoust 27. 2002 Motion Mr. Currier moved to approve waiver request #35. Cwynar and carried unanimously. Motion was seconded by Mr. Waiver request #37 was addressed. Motion Mr. Currier moved to approve waiver request #37. that carried unanimously. Mr. Hay seconded the motion Waiver request #38 was addressed. Staff is not in favor of this request. Mr. Gerlica clarified that within the commercial areas, they are not proposing the use of any Cuban Laurel. The Cuban Laurel is specific to the residential portion, which will be the single owned entity of the Villas at Quantum Lakes and they will be. responsible for maintaining it. Mr. Hanson said that they were only proposing to use the Cuban Laurel in the berm area between the residential and commercial areas and they maintain everything that they build and they have their own landscaping maintenance company. Motion Mr. Hillery moved to deny waiver request #38. carried unanimously. Mr. Hay seconded the motion that C. Waiver Project: Agent: Location: Description: Villas at (~uantum Lake Mark Hansen-Olen Properties Quantum Lakes Drive (Lot 101) Request for a waiver for a technical site plan in a mixed use pod within a Planned l;ndustrial Development (PI;D) to allow a drive aisle width of 24 feet in lieu of the required minimum of 27 feet for the back-up dimension for 90 degree parking spaces Ms. Galav presented the case for staff. She explained that this is a clean up to a waiver that was granted on the addition to the Villas at Quantum Lakes, the project that is in Lot 10:1. Lot 101 was reconfigured by a replat and all of Quantum Lakes Ddve goes through Lot 101 and Lot 100. They are incorporating two lanes of the existing Quantum Lakes Drive into their site plan, which the Board has already approved. The waiver that was shown on the site plan was 25 feet. Actually the pavement area is 24 feet. Since all waivers are advertised, staff had to re-advertise in order to request the waiver for 24 feet. 9 Meeting Minu,es Planning and Development Board B~ynton Beach, Florida A~q#st 27, 2002 Motion Mr. Hillery moved to approve the waiver request. and carried unanimously. Motion was seconded by Mr. Cwynar 8. Other In reference to the site plan for Bethesda Hospital Physician Parking, which will be coming before the Planning & Development Board, Mr. Cwynar asked Assistant City Attorney Tolces whether the Board could put conditions on the project for them to do something outside of their property. Assistant City Attorney Tolces responded that the Board is only authorized to impose conditions that are authorized through the Land Development Regulations or State Statutes. l:f the Board wishes to attach comments or concerns through their approval, they can pass them along since they are only recommendations to the City Commission. There being no further business, the meeting properly adjourned at 8:30 p.m. Respectfully submitted, Bonnie Glinski Deputy City Clerk (two tapes) l0