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.
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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
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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.
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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.
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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)
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