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Minutes 12-19-02MTNUTES OF THE PLANNI'NG AND DEVELOPMENT BOARD MEETI'NG HELD I'N COMMISSi'ON CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR?DA ON THURSDAY, DECEMBER 19, 2002 AT 7:00 P.M. Present Mike Friedland, Chairman Jennifer Butler William Cwynar Mike Fitzpatrick Bob Ensler, Voting Alternate Alice Otis, Voting Alternate David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Dick Hudson, Senior Planner Maxime Ducoste-Amedee, Planner Eric Johnson, Planner Absent Woodrow Hay Edward Hillery :!.. Pledge of Allegiance Chair Friedland called the meeting to order at 7:00 p.m. and Ms. Butler led the members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Friedland introduced the Board Members, Assistant City Attorney Tolces, and City staff. He welcomed the new Board member, Ms. Jennifer Butler and recognized the presence in the audience of the former Board member and Chairman, Lee Wische. Chair Friedland announced that Mr. Ed Currier, former member of the Planning & Development Board, had moved out of the area. Also, Chair Friedland announced with regret that long-time Board member, Maurice Rosenstock, had written a letter of farewell to the Board for reasons of illness. Chair Friedland spoke on behalf of the Board, the Mayor, and the City Manager, when he expressed deep appreciation for Mr. Rosenstock's many accomplishments for the City of Boynton Beach over the years. He stated that IVlr. Rosenstock would be missed. Meeting Minutes Planning & Development Board Bovnton Beach, Florida December :L9, 2002 3. Agenda Approval Motion Mr. Ensler moved to approve the agenda. carried unanimously. Notion was seconded by Nr. Cwynar and 4. Approval of Minutes - November 14, 2002 Motion Ns. Otis moved to approve the minutes. unanimously. Nr. Cwynar seconded the motion that carried 5. Communications and Announcements A. Planning and Zoning Report Final disposition of the November 26, 2002 Special Planning and Development Board meeting items. Nike Rumpf, Planning & Zoning Director, reported on items from the December 17, 2002 City Commission meeting. Approval of a DR[/Naster Plan for the Motorola Project in Public Hearing and at second reading of the Ordinance. The ordinance for the South Congress Avenue Residential project did not pass under second reading. With the help of a consultant, the Planning & Zoning Division is finalizing a work program for the re-writing of the Land Development Regulations. The process will take two years and will proceed in two phases. The first project is to deliver a draft product to staff and the City Commission at the end of this fiscal year. Within that period, staff would like to obtain comments from all involved parties including the Boards, the public, and staff. The project will be presented to this Board at its February meeting and input will be sought at that time. 6. New Business Public Hearing Assistant City Attorney Tolces swore in everyone who wished to offer testimony. Meeting Minutes Planning & Development Board Boynton Beach, Florida December 19, 2002 Aw Zoning Code Variance Pro.~ect: Agent: Owner: Location: Description: High Ridge Commerce Center #2 (ZNCV 02-015) Winston Lee & Associates, ThC. David & Leighan Rinker Southwest corner of High Ridge Road and Miner Road Request relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article [[, Landscape Code, Section 3, B.4, to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by Code for a manufacturing/industrial building in an IVl-1 zoning district. Maxime Ducoste-Amedee, Planner, presented the highlights of the staff report. He requested that agenda items 6.A.1, 6.B.1, and 6.C.1 be presented and discussed at the same time. Motion Mr. Ensler moved to approve staff's request to hear the items concurrently, with each item being voted on separately. Mr. Cwynar seconded the motion that passed unanimously. Chair Friedland opened the public audience and closed it when no one wished to speak. Winston Lee, :1.532 Old Okeechobee Road, West Palm Beach, expressed agreement with all staff Conditions of Approval. Due to the difficulties of site planning a narrow, rectangular parcel, the applicant asked for: 1) relief from the LDR to allow parked vehicles to encroach two feet into a seven-foot landscape buffer, 2) to be allowed to have more narrow drive aisles than allowed by Code due to the east-west restrictions on parcel width, and 3) permission to have overhead bay doors face High Ridge Road. Eric _]ohnson, Planner, stated that the approval of the Site Plan was contingent on the approval of the variance request and community design appeal items (6.A.1 and 6.B.1.) The Site Plan complies with Code and meets the parking requirements. The drive aisles would require an administrative waiver for width but staff felt that the Engineering Division would approve this waiver. The overhead bay doors would face High Ridge Road and would not be allowed under Chapter 9 restrictions; therefore, the applicant applied for a Community Design Appeal, of which staff is in favor. During the site plan review process, the applicant agreed to reduce the number of overhead bay doors and greatly enhanced the design of the east fac;ade that would face High Ridge Road. The bay doors would be recessed in 5 feet from the front of the building and would be painted in the same color as the building - both of which steps would make the doors less obtrusive. There are 19 Meeting Minutes Planning & Development Board Bovnton Beach, Florida December lC~, 2002 Conditions of Approval in the staff report for the Site Plan. Mr. Johnson amended Condition of Approval #16 to read as follows: "Show all proposed wall signage, including the lettering style, color, and signage area. The maximum wall signage area shall be based upon the linear frontage of the two buildings plus the depth of the north elevation of Building B." The signage area is going to be based on the elevations fronting on High Ridge Road as well as the north fa(;ade of Building B facing Miner Road. Staff recommended approval of the Site Plan. Winston Lee stated that the applicant agreed with the amended Condition of Approval. Ms. Butler inquired if, other than the building to the south of Gateway on High Ridge Road that had bay doors facing High Ridge, there were any other buildings with bay doors viewable from High Ridge Road. Mr. Rumpf indicated that there was an L-shaped building opposite the proposed project that had such doors but they were a much greater distance back from the road. Mr. Ensler expressed concern about the effect that the bay doors facing High Ridge Road would have on the current and proposed adjacent residential properties. Mr. Johnson stated that it was staff's opinion that the applicant's design enhancements, coupled with landscaping, would join to create a minimal effect on adjacent residential properties. Mr. Lee shared a drawing of the building with the Board. Mr. Rumpf also displayed a map that showed the surrounding properties and their zoning classifications. Mr. Ensler commented that the drawing of the proposed project showed overhead doors that were of a different color than that of the building. Mr. Lee indicated that the overhead doors would definitely match the building color, regardless of what appeared on the drawing. Mr. Fitzpatrick expressed a belief that this property was essentially the same kind of property as the Rosemary Scrub and should be preserved for the same reason. He felt that to destroy 98% of this area and allow only 2% to remain in a natural state was unwise and immoral, even though it might be legal. It was not a proper legacy for future generations. Also, the long, narrow configuration of the property gave invasive plants a much larger invasion route. Mr. Fitzpatrick favored moving the retention pond to the cleared site to the south and moving the proposed building to the north to help create a link over to the 25-acre sand pine preserve in Quantum. Mr. Fitzpatrick felt that the animals could then move across the water retention area because it would be undeveloped and primarily planted along the edges with marsh type plants. Mr. Lee disagreed, saying that Mr. Fitzpatrick's suggestion would create two isolated areas of sand pines instead of one consolidated mass. He explained that the applicant was merely following the set-aside directions contained in the Comprehensive Plan for the City and that the City's Urban Forester agreed with the proposed configuration. Meeting Minutes Planning & Development Board Bovnton Beach, Florida December 19, 2002 Ms. Laurinda Logan of the Engineering Department stated that they had spoken with the applicant regarding moving the retention pond from the north to the south but drainage characteristics prevented this. Notion Mr. Fitzpatrick moved to table the site plan approval pending receipt of more information from the City Forester. The motion died for lack of a second. Mr. Lee stated that the City's Urban Forester told the applicant where the set-aside would be. The County, who will control the N]~C piece, has told them where they would want theirs. There were different opinions among the various parties. Ms. Butler asked if there were a maximum of 40 possible tenants in the building and Mr. Lee said that was correct. She was concerned about the bay doors facing High Ridge Road. She said that the other buildings along High Ridge Road did not have bay doors that faced High Ridge Road and it was hard to tell that the buildings were used for industrial purposes. She would not be able to vote for the project for this reason. Mr. Lee reiterated the design enhancements the applicant had suggested to minimize the effect of the overhead bay doors. Hr. Cwynar and Ms. Butler asked to see the landscaping plans and Mr. Lee provided them with a copy to view. Notion Mr. Cwynar moved to approve Agenda :Item 6.A.1, Zoning Code Variance (ZNCV 02-015), for the High Ridge Commerce Center #2, and to grant relief from the City of Boynton Beach Land Development Regulations, Chapter 7.5, Article ]:[, Landscape Code, Section 3, B.4, to allow parked vehicles to encroach two (2) feet into a seven (7) foot landscape buffer area required by Code for a manufacturing/industrial building in an IVl-1 zoning district. Mr. Ensler seconded the motion that carried 5-1, IVlr. Fitzpatrick dissenting. B. Community Desiqn Plan Appeal Project: Agent: Owner: Location: Description: High Ridge Commerce Center #2 (CDPA 02-002) Winston Lee & Associates, Inc. David & Leighan Rinker Southwest corner of High Ridge Road and Miner Road Request for an appeal from Land Development Regulations Chapter 9, Section 11_] to permit overhead bay doors to face High Ridge Road. Meeting Minutes Planning & Development Board Boynton Beach, Florida December :~9, 2002 Mr. Ensler expressed serious concern with overhead bay doors facing High Ridge Road and asked if there were any alternatives. Mr. Lee replied that they had considered this issue from every standpoint and given the narrow configuration of the property, felt that they had minimized any negative impact as much as they possibly could. Chair Friedland commented about the big building on Gateway and how its appearance had improved due to the maturing foliage around it. He did not find a problem with having this building and its bay doors on High Ridge Road as compared to having it on Congress Avenue or any of the other major corridors in the City. He did not think High Ridge Road would ever become a major corridor. With the proposed foliage, the same-color painting, and the distance from the road, Chair Friedland thought the use was acceptable. Motion IVls. Otis moved to approve item 6.B.1, High Ridge Commerce Center #2 (CDPA 02-002), a request for an appeal from Land Development Regulations Chapter 9, Section 11..1., to permit overhead bay doors to face High Ridge Road. IVlr. Cwynar seconded the motion that failed 3-3, Messrs. Fitzpatrick, Ensler, and Ms. Butler dissenting. C. New Site Plan Project: Agent: Owner: Location: Description: High Ridge Commerce Center #2 (NWSP 02-0:1.9) Winston Lee & Associates, Inc. David & Leighan Rinker Southwest corner of High Ridge Road and Miner Road Request new site plan approval to construct two (2) light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district. Motion Mr. Cwynar moved to approve item 6.C.1, High Ridge Commerce Center #2 (NWSP 02- 019), the request for a new site plan approval to construct two (2) light industrial buildings totaling 139,500 square feet on 10.4 acres in an M-1 zoning district, including the amendment to Condition of Approval #16 and all other Conditions of Approval. Ms. Otis seconded the motion that failed 3-3, Messrs. Ensler and Fitzpatrick, and Ms. Butler dissenting. Mr. Tolces advised that items 6.B.1 and 6.C.1 would go forward to the City Commission without a recommendation. 6 Meeting Minutes Planning & Development Board Boynt0n Beach, Florida December 19, 2002 D. Site Plan Time Extension 1. Project: Agent: Owner: Location: Description: Woolbright Medical Building (Freeman) (SPTE 02- 002) Steven T. Utrecht, PA. Mark and Tasmin Freeman, M.D. Woolbright Road and SW 22nd Street Request a second one (1) year time extension of the site plan approval and concurrency certification originally granted on November 8, 2000 and extended to November 8, 2002. Lusia Galav, Principal Planner, indicated that the applicant, Dr. Freeman, was requesting a second, one-year time extension to the site plan approval granted November 8, 2000. The applicant submitted an extension request prior to the expiration of the original extension granted by the City Commission. Ms. Galav indicated that the first extension had been necessary since the Lake Worth Drainage District rescinded a permit for landscaping and parking along the LWDD Canal right-of-way. This issue was resolved. In the interim, Dr. Freeman was in negotiation with other partners but is now in negotiation with another group of doctors who want to purchase the property. Staff is in favor of granting an extension as requested; however, they would not be in favor of any further extensions since the City is in the process of revising its Land Development regulations and the site plan would have to meet the updated requirements. Steven Utrecht, representing the applicant, stated that the property was for sale and that the purchasers wanted to proceed with the current site plan. In response to a question from the Board, Mr. Utrecht indicated that the closing was scheduled for February of 2003 and that it was the intention and expectation of the new owners to build it quickly. Chair Friedland opened the public audience and closed it when no one wished to speak. Motion Mr. Ensler moved to approve item 6.D.1, Woolbright Medical Building (Freeman) (SPTE 02- 002), request for a second one (1) year time extension of the site plan approval and concurrency certification originally granted on November 8, 2000 and extended to November 8, 2002, to November 8, 2003. Mr. Cwynar seconded the motion that carried unanimously. E. Land Use Plan Amendment/Rezoning 1. Project: Agent: Rosemary Scrub (LUAR 02-011) City-initiated 7 Meeting Minutes Planning & Development Board B0ynt0n Beach, Florida December 19, 2002 Owner: Palm Beach County Location: Northwest corner of the intersection of N. Seacrest Boulevard and Miner Road Description: Request to reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL). Motion Mr. Cwynar moved to consider agenda items 6.E. :1 and 6.E.2 concurrently, voting on each individually. Mr. Ensler seconded the motion that carried unanimously. Dick Hudson, Senior Planner, explained that at the request of the Palm Beach County DERM, the City was adding a "Conservation" land use to the Comprehensive Plan and a corresponding Environmentally Sensitive Land (ESL) zoning district in order to complete the process required in the interlocal agreement pertaining to the acquisition and management of the Rosemary Scrub ecosite in :1993. Motion Mr. Ensler moved to approve item 6.E.:1, Rosemary Scrub, (LUAR 02-01:1), the city- initiated request to reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL.) IVls. Butler seconded the motion that carried unanimously. Project: Agent: Owner: Location: Description: Seacrest Scrub (LUAR 02-012) City-initiated Palm Beach County South Seacrest Boulevard approximately 1/4 mile north of the intersection of Gulfstream Boulevard Request to reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL). Motion Mr. Ensler moved to approve item 6.E.2, Seacrest Scrub (LUAR 02-0:12,) the city-initiated request to reclassify the subject property from Recreational (R) to Conservation (CON), and rezone from Recreation (REC) to Environmentally Sensitive Land (ESL.) Ms. Otis seconded the motion that carried unanimously. Project: Agent: Owner: Arbolata Townhomes (LUAR 02-009) William Weitsma, William Weitsma Co., ]~nc. William H. Baker, Trustee 8 Meeting Minutes Planning & Development Board Bovnton Beach, Florida December :Zg, 2002 Location: Description: 3450 S. Congress Avenue Request to reclassify the subject property from Industrial (I) to High Density Residential (HDR), at a density of 10.8 du/ac, and rezone from M-1 Industrial to Planned Unit Development (PUD), in order to construct 172 fee-simple town houses. Dick Hudson, Sr. Planner, presented the highlights of the staff report, including the various criteria against which the project was reviewed in reference to the Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C. Staff did not advise approval of the request since their analysis found that the request was not consistent with the intent of the Comprehensive Plan due to (1) lack of data and market analysis to support the conversion of the land from "Industrial" to "Residential"; (2) the conversion of the subject parcel would create an isolated pocket that would effectively divide a single land use district; and (3) would serve to decrease the supply of land available for industrial development. The compatibility of the project with existing land uses and contribution to the overall economic development of the City were questionable. The existing residential developments of Hunters Run PUD and the Isles at Hunters Run PUD were developed with full knowledge that lands fronting on the east side of Congress Avenue were designated for industrial development and provided extra setbacks and buffering to ameliorate any negative effects. Staff's objections to this project centered on its perceived incompatibilities between residential and industrial uses, especially when adequate space to separate them was not available. William Weitsma, developer and agent for the property, showed an elevation of the proposed project. He stated that a market analysis had not been requested of the applicant; however, they did provide an 8-page justification statement based on the over- supply of industrial land in the City. He offered to provide it to the Board members if they had not received a copy. The applicant was preparing a market analysis in preparation for the City Commission meeting. They felt that trying to show demand for owner-occupied housing for under $200K on the east side of town was rather obvious and believed that their market analysis would prove that there was a strong need for such housing in this area. Mr. Weitsma addressed the setbacks and buffering plans and stated that they met and exceeded the City's Code requirements. They felt that it was more of an in-fill project than spot zoning. They were not getting any special privilege because they would be providing housing for a City that needs it. The applicant believed the location to be ideal for this type of housing. They disagreed that they were creating a north/south division because the division already exists with the canal. They were creating a link from Congress Avenue to the Park, which Meeting Minutes Planning & Development Board Bovnton Beach, Florida December :1.9, 2002 they believed to be important. They contended that there was an oversupply of industrial land and that Boynton Beach had the highest vacancy rate in the County for such property. There was no immediate need for industrial land in the City and according to their research, it would take decades for that need to be fulfilled with the existing available land. They would be taking a piece of property with a tax base of $31Vl and increasing the tax base to $34M plus. Chair Friedland opened the public audience, but closed it when no one wished to speak. Staff Comments and Questions Ms. Butler inquired about how many town homes there were in the development and the response was "172." She also inquired about the price range of the units and was told, "Between $189K and $200K." Chair Friedland stated that there was at least one Commissioner who had expressed that he would not vote for any more apartments in the City and that he wanted something that people could own. Also, in a news program he heard today about industry in Florida, the comment was that Florida was a great place for storage and some small industries, but that larger industries were not locating here. He was not concerned about the loss of industrial land in this area. He believed there was a definite need for really nice owner- occupied housing. Mr. Ensler noted that the Board had not been given the 8-page report referenced by the applicant and he believed it was incumbent on staff to provide the Board with all applicable documents on a case, particularly when staff was not in agreement with them. IVlr. Ensler spoke of his review of this project with the Presidents' Council at Hunters Run, who voted unanimously in support of it. Due to a desire to see the improvement in South Congress Avenue that this project would provide, Mr. Ensler expressed his support for the Arbolata Townhomes project and asked that the Commissioners support it also. Mr. Fitzpatrick noted that while there was no Greenways linkage in this project, there was a recreational need. :In his opinion, the highest and best use of this property would be to extend the recreation area at Caloosa Park. This project would bring approximately 600 additional people to the City and he did not believe that additional recreational areas were being built to provide the generally accepted standard of 6 acres of recreation per thousand residents. He thought that people were being crammed into Boynton Beach and wondered when the growth would end. He did not believe that projects of this type were desirable and believed that the majority of residents would agree with him. He did not think that any more people needed to be added to Boynton Beach's population base. More Iow-income housing on the east side was needed but would be taken care of through redevelopment. He thought that even if this project raised the tax base, the City 10 Meeting Minutes Planning & Development Board Bovnton Beach, Florida December ~.9, 2002 would not net much more in tax revenue after Homestead Exemptions and extra services such as fire and police were figured in. If this project did not help the City financially or in terms of quality of life, he did not believe there was any reason to do it. In addition, it would limit the City's future options. Ms. Otis could not believe that anyone wanted residential on this very narrow strip of land. In her view, the land was ideally suited to more small industries or for additional recreational land for Caloosa Park. She commented that apartments were not renting very well in the City and that even some of the established ones were begging their tenants to renew. She did not believe that there was a big need for more residential and that the proposed project was most inappropriate. Mr. Cwynar stated that while the City might only be getting approximately $24K from the land now, it would get "zero" if it were recreational, and he would be totally against it for that reason. Mr. Cwynar expressed the sentiment that it would have been better to locate the Seacrest Scrub and the Rosemary Scrub areas out by the Loxahatchee Preserve to add to that instead of their current locations. In their current locations, the City was getting zero from them and they were actually taking money out of the City's coffers. He would be in favor of this project because any increase in income to the City would be beneficial. In answer to a question from the Board, Chair Friedland stated that the site plan for this project would come before the Board on ]anuary 28, 2003 and that the Board would have an opportunity to take another look at the project at that time. Motion Mr. Cwynar moved to approve item 6.E.3, Arbolata Townhomes (LUAR 02-009), request to reclassify the subject property from Industrial (I) to High Density Residential (HDR) at a density of 10.8 du/ac, and rezone from M-1 Industrial to Planned Unit Development (PUD), in order to construct 172 fee-simple town houses. Mr. Ensler seconded the motion that passed 4-2, Mr. Fitzpatrick and Ms. Otis dissenting. THE MEETING RECESSED AT 8:45 P.M. AND RECONVENED AT 8:55 P.M. F. Rezoninq Project: Agent: Owner: Location: Hawks Landing (REZN 02-006) Bradley Miller, ATCP/Miller Land Planning, Inc. Grayhawk Development Corporation North of NE 16th Avenue, between NE 3rd Court and NE 4th Street 11 Meeting Minutes Planning & Development Board Bovnton Beach, Florida December 19, 2002 Description: Request to rezone from R-3 Multi-family Residential (10.8 dwellings per acre) to Planned Unit Development (PUD), for 18 single-family detached zero lot line homes. Motion Mir. Cwynar moved to consider items 6.F.1 and 6.G.1 concurrently, and vote on each item individually. Mr. Ensler seconded the motion that carried unanimously. Dick Hudson, Senior Planner, reviewed the staff report for this project. Since the existing zoning (R-3) of the property did not allow zero lot line single-family homes, a rezoning application was being processed concurrently with the Subdivision Master Plan. The approval of the rezoning application was required as a condition of Site Plan approval. The proposed PUD consists of 18 single-family one-story, detached zero lot line homes, ranging in sizes from 1,219 square feet to 1,654 square feet. Each unit would contain three bedrooms and a one-car garage and driveway for one vehicle. In particular, this project met Objective 6.3 of the Housing Element of the Comprehensive Plan, that "By the year 2002, the City sha// continue to/mp/ement a series of housing programs aimed at providing adequate housing and housing sites for the home/ess, very-low, /ow, and moderate-income persons to meet their housing needs." With prices starting at $110K, this project would meet the housing needs of those with moderate incomes. Eligible buyers with lower incomes could seek access to various homeownership programs. The proposed rezoning would be consistent with the established residential land uses and would not create an isolated district. The proposed project - single-family zero lot line homes - requires rezoning to PUD so that the flexible development regulations could be applied and the desired higher density achieved. Mr. Hudson commented that the proposed development was well related to the objectives and needs of the City as a whole and was a good example of the types of infill projects that would help to support the redevelopment efforts in areas east of Interstate 1-95. Staff recommended approval of the project. Maxime Ducoste-Amedee reviewed the staff report for the site plan portion of the project. One of the features he thought was significant was that the applicant proposed a private roadway to be located along the north property line between NE 3rd Court and NE 4th Street. It would have a 40-foot wide ingress/egress drainage and utility easement with 22 feet of paved area. It would provide east/west circulation throughout the project. Chair Friedland commented that the Board members had read the staff reports and with Mr. Ducoste-Amedee's permission, would proceed to allow the Board to ask questions of staff. Hr. Cwynar noted that Condition of Approval #5 said the same thing as Condition of Approval #9. After discussion, it was agreed to strike Condition of Approval #5. 12 Meeting Minutes Planning & Development Board B0ynton Beach, Florida December 19, 2002 Bradley Miller, representing Grayhawk Development Corporation, the owner of the property, stated that this project was a good example of an infill project. He indicated that ten of the 18 homes were already under contract. The applicant was in agreement with all 23 Conditions of Approval, including the change of striking Condition #5. Ms. Butler inquired whether there were a wall or some kind of barrier on the south end of the property separating the new homes from the existing ones and Mr. Miller stated that there was not. Mr. Fitzpatrick asked why they wanted a private road. Mr. Miller said that the primary reason was that the site is so narrow in a north/south direction, that a right-of-way would have further impacted the development area for the lots. :In this case they had an easement so the setbacks could actually be taken from the property line rather than the easement line. This would allow the road to flow through there. The City Engineer requested that it be an ingress/egress easement rather than a right-of-way. Chair Friedland asked if the Homeowners' Association would be paying for the road and Mr. Miller confirmed that they would. Mr. Fitzpatrick asked if it would be a private road with public access. Mr. Miller anticipated that the dedication language would be a combination of open for public access with the Homeowners' Association owning and maintaining the road. Mr. Ensler asked about the colors available for the proposed homes. Mr. Miller indicated that there were six different options from which the residents could choose. The primary color of the houses would be the same with trim in a lighter color, typically. Mr. Ensler asked for and received assurance that the front of the homes was not fiat but had bay windows and other architectural schemes that gave depth and definition to the front. Mr. Ensler questioned Condition of Approval #23, "To maximize affordabi/ity, energy efficient shou/d be considered, providing a minimum of 12 SEER or greater AC systems." He thought that this was a good idea and recommended that air conditioner efficiency ratings become a part of all projects in the future. He was not certain that 12 SEER was the correct number. Mr. Ducoste-Amedee said that this comment was made by the CRA when they were reviewing the project. Motion Mr. Ensler moved to approve item 6.F. 1, Hawks Landing (REZN 02-006), request to rezone from R-3 multifamily Residential (10.8 dwellings per acre) to Planned Unit Development (PUD), for 18 single-family detached zero lot line homes. Ms. Otis seconded the motion that carried unanimously. G. Subdivision - Master Plan 1. Project: Hawks Landing (SBMP 02-004) 13 Meeting Minutes Planning & Development Board Bovnton Beach, Florida December 19, 2002 Agent: Owner: Location: Description: Bradley Miller, AICP/Miller Land Planning, Inc. Grayhawk Development Corporation North of NE 16th Avenue, between NE 3rd COUrt and NE 4th Street Request new subdivision master plan approval for 18 single-family zero lot line homes on a 1.94-acre parcel. Ms. Butler said that the median house price in Palm Beach County this year was over $220K, so she applauded the developer's efforts to bring affordable housing into this city. Motion Mr. Cwynar moved to approve item 6.G.1, Hawks Landing (SBMP 02-2004), request for new subdivision master plan approval for 18 single-family zero lot line homes on a 1.94- acre parcel, subject to all Conditions of Approval, except that #5 is deleted. Ms. Otis seconded the motion that carried unanimously. H. Comprehensive Plan Text Amendment (CPTA 02-002) Agent/ Owner: Description: Staff-initiated Request to amend Objective 1.12 and Policies 1.12.1 and 1.12.2, regarding residential developments in the Coastal High Hazard Area; and request to amend Policy 1.16.1, which provides the definitions of all land use designations found on the Future Land Use Map. Dick Hudson reviewed the staff report on this item and detailed the proposed text amendments #1 and #2. The major changes and additions are as follows: ¢' A list of uses is provided for each residential land use classification, rather than building on the uses permitted in prior classifications. This is to provide a clearer understanding of the range of uses permitted in each classification. ¢' Language is added to ensure conformance with state law in locating group homes and other congregate living facilities. ¢' Language is added to reference the Federal Highway Corridor Community Redevelopment Plan in the definition of Special High Density Residential land use category consistent with recommendations found in the plan. ,/ Self-service storage facilities (limited-access mini-warehouse only) use removed as a permitted use in the Office Commercial (OC) land use classification in anticipation of changes to be initiated during the pending planning study. This revision could be 14 Meeting Minutes Planning & Development Board Bovnton Beach, FIQrida December 19, 2002 modified to match the corresponding zoning code changes resulting from the study, prior to adoption of the amendment in mid-2003. The MU-L Mixed Use-Low Intensity zoning district is recognized as being consistent with the Mixed Use land use classification and the recommendations of the Federal Highway Corridor Community Redevelopment Plan. A Mixed Use-Core (MU-C) land use classification and definition is added and the MU-H Mixed Use-High Intensity zoning category is recognized as being consistent with the classification and with recommendations of the Federal Highway Corridor Community Redevelopment Plan. A Conservation (CON) land use classification and definition is added and the ESL Environmentally Sensitive Lands zoning category is recognized as being consistent with the classification. This language is being added at the request of the Palm Beach County Department of Environmental Management and is consistent with the interlocal agreement between the City of Boynton Beach and Palm Beach County relating to the purchase and maintenance of the Seacrest Scrub and Rosemary Scrub preservation areas. Staff recommended approval of the amendments as the minimum required to update the Comprehensive Plan with regard to changing review policies by outside agencies and recommendations of adopted City-initiated studies. Board Comments In response to a question, staff noted that the Coastal High Hazard Area was the Evacuation Area for a category I hurricane and was generally the area on the east side of Federal Highway, including the east side of Federal Highway itself. Mr. Ensler asked what an applicant would have to do if he wanted to build a tall building east of Federal Highway. Staff responded that they would want to harden it to the point that it could be used for shelter. Mr. Ensler's concern was not the hardening of the building but what the Federal Highway traffic could bear. Mr. Ensler did not want to get in a position of approving something that would hinder development on and east of Federal Highway. According to Mr. Rumpf, there was no other means to measure this other than traffic concurrency and availability of facilities on the roadway. He said that they could battle the DCA at times as to what kind of data analysis is provided at time of Comp Plan amendment or text amendments. Mr. Ensler wanted to be sure that there was sufficient definition for developers to be able to provide what was necessary to put up these multi- story buildings east of Federal Highway. Mr. Cwynar asked how one would calculate the other coastal communities and their need to evacuate along with the area on the east side of the bridge, for example. Mr. Hudson said that evacuation times were calculated on a regional basis; no local evacuation times had been worked out. 15 Meeting Minutes Planning & Development Board Bovnton Beach, Florida December 19, 200:2 Mr. Ensler asked whether traffic concurrency would prevent the building of multi-story residential projects. Mr. Rumpf replied that they could. Mr. Rumpf noted that there had been exceptions that had been applied over the years to accommodate redevelopment - to provide some kind of relief, whether temporary or permanent for traffic purposes. Since there had not been any extreme redevelopment downtown, the issue had not come up. There could be a time when there would be a problem on traffic concurrency. IVlr. Ensler asked if the definition of "coastal area population" could be changed to start "X" number of feet east of Federal Highway so that Federal Highway development would not be hindered. IVlr. Hudson indicated that Chapter 163 of the Florida Statutes defines the coastal high hazard area and that is the area that contains this population. Ms. Butler stated that these concerns were very valid and that the County was trying to redo its parking standards to reduce the number of trips, which would negatively impact the ability to redevelop, especially high density. She felt that this should be monitored on the County level. Mr. Hudson stated that as a part of the amendment package, they were proposing special high density mixed-use core land use on a section of the downtown and in order to do that they did scenarios based upon the maximum development potential. This was sent to Palm Beach County for their review and they said it did not look like a problem. As each land use amendment comes through, the County will have to do similar scenarios. The City had to look at the maximum that could be done there on a "what if" basis, just to get it on the map. Chair Friedland thought it was a good first step. Mr. Fitzpatrick asked if there was a category for Future Green Space in the Comprehensive Plan and IVlr. Hudson replied that there was not. He hoped that an amendment would come as a result of the Greenways Study. Motion Mr. Cwynar moved to approve item 6.H, Comprehensive Plan Text Amendment (CPTA 02- 002), request to amend Objective 1.12 and Policies 1.12.1 and 1.12.2, regarding residential developments in the Coastal High Hazard Area; and request to amend Policy 1.16.1, which provides the definitions of all land use designations found on the Future Land Use Map. Ms. Otis seconded the motion that carried unanimously. 7. Other Chair Friedland suggested that the Board discuss changing the start time for their regular meetings from 7:00 p.m. to 6:30 p.m. After a brief discussion, the Board agreed. 16 Meeting Minutes Planning & Development Board Bovnton Beach~ Florida December 19, 2007 Motion Mr. Cwynar moved to start the Planning & Development Board meetings at 6:30 p.m. instead of 7:00 p.m., starting with the March meeting in order for the already-advertised items to proceed normally. Ms. Butler seconded the motion that carried unanimously. Chair Friedland noted that he had obtained Mr. Rumpf's permission to dispense with the reading of the detailed staff reports except if there were a large number of people in attendance from the public, who would benefit from it. Although the Board appreciated the reports, they did have them in their agenda packets and read them before the meeting. 8. Comments by members - None 9. Adjournment Since there was no further business before the Board, the meeting properly adjourned at 9:45 p.m. Respectfully submitted, Susan Collins Recording Secretary (two tapes) (122002) 17