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Minutes 01-28-03MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETTNG HELD IN COMMI'SSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, .1ANUARY 28, 2003 AT 7:00 P.M. Present Mike Friedland, Chairman Jennifer Butler Sergio Casaine William Cwynar Mike Fitzpatrick Woodrow Hay, Vice Chair Edward Hillery Bob Ensler, Alternate Alice Otis, Alternate Lindsey Payne, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Dick Hudson, Senior Planner Maxime Ducoste-Amedee, Planner Eric Johnson, Planner Pledge of Allegiance Chairman Friedland called the meeting to order at 7:00 p.m. and led the members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Friedland introduced the Board members, Assistant City Attorney Payne, and City staff. He welcomed new Board member Sergio Casaine. 3. Agenda Approval Mr. Cwynar requested that item 7.D.1, Site Plan Time Extension for Calvary Chapel, be moved up on the agenda to follow Communications and Announcements. Motion Mr. Cwynar moved to accept the above change. Vice Chair Hay seconded the motion that carried unanimously. Mr. Cwynar requested that item 7.B.:1, Code Review, be moved to the end of the agenda. Motion Mr. Cwynar moved to accept the above change. Vice Chair Hay seconded the motion that carried unanimously. Mr. Cwynar requested that items 7.F.! and 7.G.1, Survivors Charter School, be heard together but voted on separately. Meeting Minutes Planning & Development Board Boynton Beach, Florida January 28, 2003 Motion Mr. Cwynar moved to accept the above change. Vice Chair Hay seconded the motion that carried unanimously. Mr. Cwynar requested that items 7.C.1 and 7.G.2, Hampton Court, be heard together but voted on separately. Motion Mr. Cwynar moved to accept the above change. Vice Chair Hay seconded the motion that carried unanimously. Mr. Fitzpatrick requested that items 7.C.1 and 7.G.2, Hampton Court, be moved up on the agenda to follow the Calvary Chapel application. Motion Mr. Fitzpatrick moved to accept the above change. Notion was seconded by Ms. Butler and carried unanimously. Motion Hr. Cwynar moved to approve the agenda as amended. motion that carried unanimously. Vice Chair Hay seconded the 4. Approval of Minutes - December 19, 2002 Alice Otis, Alternate Board Member, referred to the first full paragraph on page l! of the minutes concerning Arbolata Townhomes. Her point was that this residential zoning district is a very narrow strip of land being inserted into an active industrial area thereby splitting businesses that are already thriving and it would have potential difficulties for residences and businesses alike. Motion Mr. Cwynar moved to approve the minutes as corrected. motion that carried unanimously. Vice Chair Hay seconded the 5. Communications and Announcements Mr. Friedland commented that he and members of the Board had received a number of letters and telephone calls concerning Hampton Court. Mr. Casaine said he was pleased for the opportunity to work with the distinguished members of this Board. He committed his support to preserve and enhance the existing quality of life in Boynton Beach. Meeting Minutes Planning & Development Board Boynton Beach~ Florida 3anuary 28, 2003 A. Planning & Zoning Report Final disposition of the December 19f 2002 Planning & Development Board meeting items Mike Rumpf, Planning & Zoning Director, reported on the outcome of items that were previously reviewed by the Planning & Development Board and heard at the .lanuary 21st City Commission meeting. Use approval for Gateway Plaza at Quantum - approved Three items for High Ridge #2 - approved South Congress Residential ordinance - approved on 2nd reading Rezoning for Hawk's Landing - approved on Ist reading 7.D. Site Plan Time Extension PROJECT: AGENT: OWNER: LOCA'I'~ON: DESCR]~PT[ON: Calvary Chapel (SPTE 02-003) .lames T. Barretta, Barretta & Associates Calvary Chapel of Boynton Beach 3190 Hypoluxo Road Request for a one-year time extension of the site plan approval granted on December 4, 2001 to December 4, 2003. This item was heard out of order. Motion Mr. Hillery moved to approve the extension for one year. motion that carried unanimously. Mr. Fitzpatrick seconded the Assistant City Attorney Payne swore in everyone who would be testifying tonight. Chairman Friedland requested that the public limit their individual comments to three minutes if possible. 7.C. Land Use Plan Amendment/Rez0ninq PRO.iECT: AGENT: OWNER: LOCATION: DESCRTP'I-JON: Hampton Court (REZN 02-007) .lennifer Liszak-Land Design South RSPB LLC East of Congress Avenue, south of SW 23rd Avenue Request to rezone a _+ 4.70-acre tract from R-3 Multi-family Residential to Planned Unit 3 Meeting Minutes Planning & Development Board Boynton Beachr Florida 3anuary 28, 2003 Development (PUD) to allow the site planning for 66 fee-simple townhouses. 7.G. New Site Plan PRO.1ECT: AGENT: OWNER: LOCA'I'~ON: DESCR:[PT[ON: Hampton Court (NWSP 02-023) ~lennifer Liszak-Land Design South RSPB LLC East of Congress; south of SW 23rd Avenue Request for site plan approval for 66 dwelling units within seven (7), two-story, fee simple townhouse buildings on 4.70 acres in a proposed PUD zoning district. The above two items were heard out of order. Chairman Friedland announced that the above two items would be heard together but voted on separately. Dick Hudson, Senior Planner, explained that this is a unique case. This property is subject to a settlement and stipulation agreement from the court in 1989. That settlement agreement allowed the property to be rezoned to R-3 at that time. However, the use of the property was limited to an Adult Congregate Living Facility (ACLF) with a total of 248 beds for the two properties on the south side of Golf Road. There were also restrictions in that agreement that governed building height, the roof pitch, the parking lot lighting, the dumpster placement, the use of the Lake Worth Drainage District Canal right-of-way, and buffering and landscaping. There was also a requirement that any development on the site would be coordinated with the homeowners' associations of adjacent residential neighborhoods. The applicants went to court to ask for reconsideration of this agreement. The court said that if the Planning & Development Board gave an affirmative vote to the project, then the court would review the settlement agreement. This project, if approved, would go back to the court before it would go to the City Commission for review. This vacant property consists of 4.7 acres, classified as High Density Residential that allows 10.8 dwelling units per acre. The request is to rezone the property from R-3 to PUD in order to build a 66-unit townhouse condominium complex with a recreation facility. To the west of this property is a developed 93-bed ACLF that was developed consistent with the terms of the settlement agreement. 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 The applicants are proposing 66 condominium units in seven 2-story buildings. The recreation area occupies 12,632 square feet on the southeast corner of the site. The total pervious area for the site is 86,403 square feet. PUD regulations state that a 5-acre site is the minimum site for a PUD. However, if this Board and the City Commission agree that a smaller parcel should be approved as a PUD, then it can be done. The PUD regulations from 1989 state a certain percentage of the PUD must be set aside for recreation and open space. A five-acre site would require approximately 24,000 square feet of recreation area and open area of 149,000 square feet and they are proposing slightly less than that. The proposed structures meet the two-story limit of the settlement agreement. The roof pitch is very close to what the settlement agreement required.. There is no wall shown on the site plan, which was required. There is nothing in the site plan that indicates there will be any use of the Lake Worth Drainage District's right-of-way. Staff's one major problem is with the density. The applicants propose slightly more than 14 units per acre and the maximum allowed on the property is 10.8. Nr. Hudson explained how the applicants arrived at the 66 units. They said they are using the unused density because the ACLF only used 93 beds and so there should be 155 beds remaining. Using the City's 2.3 beds per dwelling units, they believe they should get 67 units. The City does not have a program for transferring density between properties under separate ownership. Staff does not recommend approval of this rezoning at this time. Eric Johnson, Planner, presented the site plan portion of the application. The applicants propose 66 townhouses built in one phase. They submitted an environmental assessment. There were no endangered, threatened, or species of special concern observed on the site. There are ospreys; however, they are not listed as a species of special concern in the State of Florida except in Nonroe County. The project meets the Palm Beach County Traffic Performance Standards. The paving, grading, and drainage plan shows that there would be outfall into the Lake Worth Drainage District (LWDD) canal. This outfall would require all permits from the LWDD. When improving property that abuts the LWDD right-of-way, a developer must dredge or improve that portion of the right-of-way. Any vegetation in the right-of-way may be required by the LWDD to be removed. :If possible, the City staff requests that the applicant petition the LWDD to dredge the right-of-way adjacent to the subject property to the minimal extent possible so not to impact the flora and fauna that may be in the right-of-way. There would be one point of ingress/egress off of Golf Road. The Fire Department would require "knock" boxes on the two gated openings to accommodate emergency vehicles. The required parking spaces are 137 and the applicant proposes 158. The pervious area would be 41.5% of the site. The depth of the west landscape buffer would vary between 27 and 10 feet. The south 5 Meeting Minutes Planning & Development Board Boynton Beach, Florida January 28, 200~ landscape buffer would be between 25 and 9 feet. The east landscape buffer would vary between 40 and 15 feet. The roadway buffer would be 15 feet in width. A 6-foot wall would surround the entire property except for the south buffer line. This is in conflict with the settlement agreement. PUD allows a height of 45 feet and the height of the proposed buildings is less. However, a lesser height could be imposed if the compatibility with adjacent properties is an issue. The outdoor lighting fixtures would be 10 feet in height and illuminated until 2:00 a.m. This is required by code. The settlement agreement only allows the lights to be on until 11:00 p.m. There would be an entry sign but no building wall signs. There are 37 conditions of approval. Michael Weiner, attorney representing Centex, confirmed that they agree to 34 of the conditions and would be discussing three of them. He reminded the Board that Mr. Hudson said that staff only objected for one reason and that one reason concerned transferring of densities between properties. His clients were not involved in this 1989 litigation and they inherited this baggage. Bob Bentz, Land Design South, showed a PowerPoint presentation regarding the surrounding uses. To the west on Congress Avenue, commercial office buildings are being built. To the north of that is high density residential with 10.8 dwelling units per acre. The largest area surrounding this property is Leisureville with up to 7.8 dwelling units per acre. To the east of the project is Golfview Harbor that is primarily a single family residential area. South of the project across the canal is a single-family residential community. This canal is a very large canal that can be navigated by boats and provides a large separation between this development and the single-family homes on the other side. The adjacent parcel is the Homewood Residence Congregate Living Facility. Mr. Weiner explained that the applicants are requesting 66 units in seven 2-story buildings. The staff analysis is made up of two parts. The first part concerns the fact that this piece of property contains less than 5 acres. The second part deals with the eight criteria taken from the Land Development Regulations, Chapter 2, Section 9. The applicants' burden is to prove that the project is consistent with the Comprehensive Plan and complies with the procedural requirements of this particular zoning ordinance in question. The City's burden is to demonstrate that maintaining the existing zoning classification would accomplish a legitimate public purpose. Mr. Weiner maintained that there is no legitimate purpose served by keeping the present zoning in place. 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 What makes this rezoning different from others is the existence of the lawsuit entitled Milnor Corporation, etal vs. the City of Boynton Beach. This case is more than :~4 years old. it involved this piece of property and the surrounding homeowners' associations. This litigation occurred long before the applicants were involved. A settlement was reached in 1990 that allowed for development. A stipulation provided that the court should at all times maintain jurisdiction. All the stakeholders in the lawsuit must be satisfied and they are. That is why this proposal meets the terms of the Comprehensive Plan and the terms of the litigation. The Land Use Problems and Opportunities section of the Comprehensive Plan states that the land use, zoning, and development of the property shall be in accordance with the settlement and stipulation agreement. The homeowners' associations did approve a proposal substantially similar. Their attorneys took this to the court and the court directed the applicants back to the City. The homeowners' associations have seen the site plan and agreed that the applicant could proceed. If the Board does not approve this, the only thing that can be built is what is in the stipulation agreement, which is an ACLF. Staff's report stated that restricting this property to an ACLF may leave it undevelopable. Staff said this may decrease compatibility with surrounding homeowners. Mr. Weiner urged the Board to vote in favor of the rezoning and the site plan. Bob Bentz explained that the area of the litigation is almost 10 acres in size. it includes the western portion of the property that was developed. The agreement said that 248 beds would be developed on the property. Ninety-three beds were developed on the western portion. Therefore, there are 155 beds remaining. He explained that if you divide 155 by 2.3, which is the ratio of beds to residential units in the City, this represents 67 equivalent units. The project is consistent with the Comprehensive Plan because the Plan says that the stipulation agreement will be followed for these properties. Regarding the overall site plan, it was designed to be sensitive to the surrounding community. This project would provide a transition between the large two-story buildings to the west (ACLF) and the single-family units to the east. There would be very few units (8) abutting the eastern boundary of the site. There would be one main access that is a gated access and three emergency only access points. This site plan would be very compatible with the surrounding area and the property meets all concurrency. There are three conditions of approval that Mr. Bentz discussed. Regarding condition #19 - they do not want to cut down the trees. They will keep those trees as long as the Lake Worth Drainage District does not object. Regarding condition #25 (signage) - they want to have their own identify and not look like the existing ACLF. 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 Condition #33 - they would like to not have a wall on the southern boundary of their project so that their residents would have a view of this large canal. Mr. Weiner presented into the record the following: Boynton Beach Comprehensive Plan Boynton Beach support documents Comprehensive Plan criteria Settlement Agreement Letters of agreement from homeowners' associations These items are marked "Exhibit A" and are on file in the office of the City Clerk. l~n answer to Mr. Cwynar's question regarding what associations signed the agreement, Mr. Weiner stated that Golfview Harbor Homeowners' Association, ];nc. and Golfview Harbor Estates signed it. When questioned regarding whether Leisureville needed to approve, Mr. Hudson referred the Board to page 6 (9 a and b) of the Stipulation and Settlement Agreement that states that Boynton Leisureville was a party to the Alhambra North Parcel agreement and Golfview Harbor and Golfview Harbor Estates were parties to the Alhambra South and Alhambra ACLF Parcel agreement. Richard Barrows, 2203 SW 22nd Way, Boynton Leisureville, strongly recommended widening 23rd Avenue and making it three lanes with a left turn lane in the middle. He also recommended a traffic light on 23rd Avenue. Carlos Rosello, 1321 SW 25b~ Avenue, lives across the canal from the proposed project. He is opposed to the plans. The representatives of Centex made it clear that their plans would include usage of some water features of the canal. With four people per unit, a minimum of 264 people would be living on 4.7 acres. This would be an overcrowded development. Also, there are native species of birds and fish that inhabit the canal. He was also concerned regarding the impact on emergency vehicles as SW 23"d Avenue is two lane and there is no traffic light on 23"d. Another concern was regarding schools exceeding their capacity. Mr. McDowell, 1341 SW 25u' Avenue, lives across the canal. He felt that the needs of a few would be overruling the residents who have been here for many years. He was concerned regarding the high density. This canal is not a mammoth canal. He asked the Board to consider the rights of the residents who live there. He pointed out that the homeowners' associations that they are talking about are not mandatory homeowners' associations. A lot of the people in the associations do not live near the canal and he felt that they voted on something on which they did not understand the impact. 8 Meeting Minutes Planning & Development Board Bovnton Beach, Florida 3anuarv 28, 2003 Paul Fassolo, 1405 SW 25th Avenue, said that the canal is approximately 6 feet deep and 42 feet wide. He was concerned that this project would decrease property values. He also had a concern regarding the traffic problems on Golf Road. He presented a photograph that is marked "Exhibit B" and is on file in the office of the City Clerk. Doug Badin, 2314 SW 13th Street, felt that the units would be too close to his house. This area was previously zoned for single-family residential and then ACLF. Now, they want condominiums. He suggested single-family zoning or a park. Scott Berger, 2324 SW 13th Street, presented photographs taken after Hurricane Irene after they built the current ACLF. They are marked "Exhibit C" and are on file in the office of the City Clerk. He was concerned regarding the traffic on 23rd Avenue. The applicants did not talk to the residents in the surrounding area across the canal, on 23rd Avenue, or 13th Street. He is opposed to this high density. Steve Brandt, was representing his parents who live at 2344 SW 13m Street. Under the stipulation, the property is zoned R-3 for an ACLF. [f there were no agreement, the property would be zoned R-l-AA. He felt that the only reason the people in the surrounding area agreed to the settlement with Milnor was because the ACLF agreed to certain stipulations. Milnor had agreed to put in a wall on the south side, move the pool and the dumpster to the interior of the site, and that the lights would go off at 11:00 p.m. If the zoning was going to change, it should revert back to R-l-AA. His biggest concern was the location of the pool and the secondary access. Peter Ryland, 1311 SW 25th Avenue, stated that he was there when the stipulation agreement was reached in 1989. l~t was changed to R-3 zoning only because it was to be an ACLF. ACLFs are much different from residential units. He felt that there is much more water used and more traffic generated by residential units. Mr. Ryland received notice of the Golfview Harbor Homeowners' Association meeting the day before the meeting and many people did not receive notices. On the basis of the vote at that meeting, the president of the association signed the agreement. There are a large group of homeowners who do not want this project. Mr. Weiner respectfully reserved the right to appeal to the City Commission. He said that the Board must make decisions based on the law. The applicant wants to buy the land subject to a lawsuit. He reiterated that staff said there were no endangered species on the site. [t is only scrub land. :It should be developed. The homeowners' associations both voted in favor of this project. Mr. Weiner stated that they should not take blocking someone's view as a reason to deny. The testimony from lay people on traffic is not competent testimony and the Board cannot rely on this. The project meets concurrency. Residential is one of the lowest traffic generating uses and an ACLF would generate more traffic. They received school concurrency today. The stipulation said we can have this density, the court controls it, and two homeowners' associations have approved it. 9 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 Mr. Hillery asked whether this could be zoned something other than this requested zoning or zoning for an ACLF. Mike Rumpf, Planning & Zoning Director, explained that the settlement agreement limits it to an ACLF. No matter what they asked for, they would need to change the settlement agreement. Mr. Casaine said that concerned citizens came to this meeting and the Board also has the responsibility to uphold their quality of life. Ms. Butler questioned the conversion of beds to dwelling units. Mr. Rumpf clarified that staff has never shifted density between projects that are not connected by a master plan. These two are not connected by a master plan. The settlement agreement does not state that the property can be developed at a certain density; it states the number of beds that can be developed. The density requested exceeds the Comprehensive Plan and staff does not support that density. Mr. Hay asked staff how they felt about the three conditions of approval that the applicant had objections to. Mr. Rumpf stated that that condition #19 is a recommendation; however, he would not want to recommend something that another agency would have a problem with. He would suggest that language be added to state "subject to canal district approval." Concerning condition #25, Mr. Rumpf said that this project and the ACLF would be seen together and it would be nice to visually connect them. He is not saying that they have to be identical but something compatible. Regarding condition #33, staff thought this would be a visual buffer. Of the three conditions discussed, staff stands strongest behind condition#33. Mr. Weiner stated that if this rezoning is granted tonight, the applicant would be willing to discuss the three conditions. He also said that the stipulation says no less than 248 beds and Milnor would never agree with R-l-AA zoning. When questioned, Mr. Weiner stated that Centex is the contract vendee. Mr. Cwynar questioned whether there was any expansion plan for Golf Road by Palm Beach County. Mr. Rumpf was not aware of any. l0 Meeting Minutes Planning & Development Board B0ynton Beach, Florida 3anuary 28, 2003 Mr. Cwynar asked whether the pool could be placed on the west side of the property. Mr. Bentz said that they put the pool to the east because that pushed the two-story buildings further to the west away from the single-family residential district. They thought it was more compatibility but they would consider a change. In response to a question regarding the estimated price, it was stated that they would be asking from $165,000 to $250,000. When asked whether this project would work with 50 units, the answer was that it would not for Centex Homes. Mr. Fitzpatrick asked where there Were other PUDs under 5 acres. Mr. Rumpf replied that one was Hawk's Landing in the north end and another was Kensington Place on Golf Road. Mr. Fitzpatrick stated that he met with seven of the homeowners and felt that it was a bad idea to approve PUDs less than 5 acres. He would prefer to see an ACLF than these units because of the traffic on Golf Road and the impact on emergency vehicles. Ms. Butler inquired whether there would be any access to the canal and Mr. Bentz replied that there would be no docks. Mr. Rumpf wanted to clarify for the record regarding being subjected to the court's process. The court authorized this review. They authorized the application being submitted to us. The language in the order defines this process. He read from the second page of the order, under item 2. "If, upon completion of review of Plaintiff's application for amendment, the Plaintiff has obtained a favorable recommendation from the Planning & Development Board, the parties may jointly petition the Court for modifications to the Agreement." Assistant City Attorney Payne read the next item, item #3, which states "This Joint Motion and Agreed Order does not obligate the City of Boynton Beach to enact land use amendments, zoning changes, or use amendments inconsistent with those set forth in this Court's October 20, 1990 Order." This is not binding on the City at this point. It is just to get this amendment process moving. Mr. Weiner said that with respect to the site plan issues, they are flexible regarding the three previously discussed conditions. Regarding the lower density, they could not live with 50 units but maybe less than 66. Chairman Friedland wondered whether the Board should consider tabling this item. Mr. Weiner felt that would be wise and then they could go back to court and ask if they would accept a lower density. 11 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 Motion Mr. Fitzpatrick moved to deny the request to rezone a 4.70-acre tract from R-3 Multi-family Residential to Planned Unit Development (PUD) to allow the site planning for 66 fee-simple townhouses. Mr. Hillery seconded the motion. The roll was called and the motion to deny was carried 5 to 2, with Ms. Butler and Mr. Casaine dissenting. Motion Mr. Hillery moved to deny the site plan. Motion was seconded by Vice Chair Hay and carried unanimously. Mr. Rumpf clarified that this project cannot go forward to the City Commission because this Board did not approve it. A recess was declared at 9:10 p.m. and the meeting resumed at 9:15 p.m. 6. Old Business: A. Conditional Use/Site Plan PROJECT: AGENT: OWNER: LOCAT[ON: DESCRI~PTION: Gateway Plaza (COUS 02-005) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park P1~D) Request for conditional use/site plan approval for a gas station/convenience store with car wash proposed as the first phase of construction on this 6.54-acre parcel. This item was requested to be tabled by the applicant. M~tion Mr. CasaJne moved to table the Gateway Plaza item. Hay and carried unanimously. Motion was seconded by Vice Chair B. New Site Plan PROJECT: AGENT: OWNER: Bethesda Hospital Physician Parking (NWSP 02-011) (Revised) ]aime Gentile, Kilday & Associates, :[nc. Bethesda Memorial Hospital; Sintilien Georges; Jesus and ,~oan Santiago 12 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 LOCA'I'ION: DESCRTPTION: 2700 Block of SW 4th Street Request for new site plan approval for a 32,058 square foot, one (1) level parking garage in a Public Usage (PU) zoning district on a :[.43-acre parcel. Lusia Galav, Principal Planner, explained that the Planning & Development Board previously heard an application for a land use amendment and rezoning at this site. The parcel consists of eight lots and is located directly west of Bethesda Hospital. l~t is proposed as a physicians' covered parking garage consisting of 85 parking spaces in two separate buildings. The applicant had previously requested that the site plan application be tabled so that they could make modifications after hearing staff's comments and the surrounding neighbors' concerns. The footprints remain the same. However, the buildings on the new site plan would be more compatible with the neighborhood. Staff recommends the revised site plan be approved with 12 conditions of approval. Kieran Kilday, Kilday & Associates, ]:nc., explained that the City Commission approved the land use amendment and rezoning. The site plan was tabled so that the applicant could meet with the residents and come up with something more acceptable to them. On the original site plan, the neighbors were concerned that the building had a fake look. They revised their design. Now the structures will have no openings facing SW 4th Street. There will be openings on the portion facing the hospital for circulation of air. They also revised the landscaping along the street. There would be ficus trees and a double row of oak trees 22 feet in height. The applicant agreed with all the conditions of approval. Scott Pape, 27:15 SW 4th Street, attended previous community meetings between the hospital and the residents. The elevations are workable. He had the following requests: A better variety of landscaping No mechanical exhaust equipment A wall along the east side of the parking garages On the north and south sides of the parking garages, extend wall to the south side of the hospital grounds Extend the existing wall on the north No break/lunch area between the two buildings. This area was to be used for parking only. If a wall was put up between the two buildings, it would restrict access and provide additional security Vertical slats or Bahama shutters on the two large openings on the north side of the south building and the south side of the north building Submittal of photometric plan so he could view the exterior lighting 13 Meeting Minutes Planning & Development Board Boynton Beach, Florida .lanuary 28, 2003 Mr. Pape said that the hospital was supposed to have one more meeting with the residences to show their final drawings but never had that meeting. He requested that the Board table the project until after the hospital's final meeting with the neighbors so that the community can see the entire plan. Chairman Friedland asked Mr. Pape whether he was representing himself or the neighbors. Mr. Cwynar stated that Mr. Pape lives directly across from this project. He is the "Mike Rumpf" of Delray Beach and Mr. Cwynar respects his views. He was certain that Mr. Pape had the support of his neighbors. Mr. Pape felt that he had the vast majority of support for his comments tonight. Mr. Kilday stated that the applicant could accommodate most of Mr. Pape's concerns and that Mr. Pape was a great help in previous discussions. Mr. Kilday agreed to the following: A variety of plantings A condition that no mechanical equipment be mounted on the building Regarding the open areas on the buildings, they would agree to provide vertical slats with the proviso to provide them only if they could meet the building and fire code requirements They will provide a photometric plan. They intend to contain all lighting within the building Extending the wall on two sides as suggested. They would put a gate in one wall to allow for landscape maintenance The issue that Mr. Kilday does not want to agree to is the no open break area. This area would be a place for the hospital employees to have lunch. Historically, there have always been benches on the vacant lots that the hospital owned for the last 20 years and hospital employees have used them all these years. There never was an issue with employees sitting out there to have a sandwich. Perhaps there was a concern because of the lack of maintenance of the property. Therefore, they are proposing to provide a vinyl chain link fence with landscaping up to 6 feet high so it would not be seen from the street. If the Commission wishes, they would put a wall rather than a fence. Chairman Friedland complimented the hospital and the surrounding neighbors for working together. 14 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 :In response to Vice Chair Hay's inquiry regarding why the break area was a concern for him, Mr. Pape said it was not consistent with the residential character of the street. Vice Chair Hay replied that it would not be seen with the fence. Mr. Pape felt that it could be seen through a chain link fence, l~t was originally to be a park-like area and there was never any mention of placing tables there. Mr. Kilday would be willing to compromise and replace the fence with a wall with landscaping in front of the wall. Ms. Galav reported that staff agrees with Mr. Kilday. To cut this area off would create a fairly large dead zone. Mr. Pape then suggested putting the wall further to the east so it did not connect one corner of the building to the other corner because then you would be looking at what appears to be one long building with no green area between. Mr. Kilday suggested setting the wall 10 feet back so that there was not a fiat wall. Mr. Fitzpatrick said that, historically, there has been a break area for the employees and he did not want the employees to lose that privilege. He also suggested that the ficus trees be replaced in a few years with oak trees. Motion Mr. Sergio moved to approve this project as staff has recommended with the changes that Mr. Kilday has expressed here. Vice Chair Hay seconded the motion that carried unanimously. 7. New Business: A. Waiver PROJECT: AGENT: OWNER: LOC. AT[ON: DESCRIPTION: Quantum Park North -Waivers Sara Lockhart-Calvin, Giordano & Associates, :[nc. Westbrooke Companies, :[nc. North of Gateway Boulevard/West of High Ridge Road (Quantum Park Lots 83-88) Request for Waivers for a Master Site Plan in a mixed use pod within an approved P:[D to include: (1) Land Development Regulations Chapter 2, Section 7.H. 17 - Requesting Waiver of 28 feet to allow a reduction of the peripheral buffer from 40 15 Meeting Minutes Planning & Development Board Boynton Beachr Florida 3anuary 28, 2003 feet to 12 feet where adjacent to residential zoning (along the western boundary of Quantum Park Lots 83 and 87); and (2) Land Development Regulations Chapter 2, Section 7.H.15 - Requesting Waiver of 17 feet to allow a reduction in the minimum distance between buildings from 25 feet to eight (8) feet. PROJECT: AGENT: OWNER: LOCA'I'~ON: DESCRIPTION: Quantum Park Lot 89-B - Waivers Sara Lockhart-Calvin, Giordano & Associates, Inc. Westbrooke Companies, Inc. North of Gateway Boulevard/West of High Ridge Road (Quantum Park Lot 89-B) Request for Waiver for a Master Site Plan in a mixed use pod within an approved PID to include: (1) Land Development Regulations Chapter 2, Section 7.H.17 - Requesting Waiver of 15 feet to allow a reduction in the peripheral buffer from 25 feet to 10 feet with a wall along the northern property line. Lusia Galav, Principal Planner, explained that approximately two months ago, the master site plan for these areas, consisting of commercial and residential components, were approved by the Planning & Development Board and the City Commission. These master plans included waivers. Waivers are a unique item that is done in Quantum Park in these mixed use pods. There is no way, through the zoning regulations, to deal with residential units in Quantum because it was originally an industrial park so they introduced the waiver procedure. The applicant came back with a technical site plan and is doing a clean up with the waivers, l~t was one of staff's recommendations to the applicant to work with the site plan to create a more neo-traditional plan. The applicant complied and now has a much better designed site plan. Staff concurs with the waivers as requested. Sara Lockhart-Calvin, Giordano & Associates, Znc., explained that the reason the applicants are here to modify the previously approved waivers is because they are converting this to a neo-traditional design per staff's recommendation. Tn conventional residential developments, the garages are in the front of the house and, as a result, there is no interaction with neighbors because most of your living occurs in the back of the house. ]~n these units, the garages would be in the rear. As a result, the waivers are needed to allow the rear-loaded garages and the road necessary to access them. There is no reduction in plant material. This was previously approved as a rear yard but because of the change in design, the yard would be basically open space and interior courtyards. 16 Meeting Minutes Planning & Development Board Boynton Beachr Florida 3anuary 28, 2003 Motion Mr. Cwynar moved that item 7.A.:1 - Quantum Park North Waivers, north of Gateway Boulevard and west of High Ridge Road, Quantum Park Lots 83-88 be approved. Vice Chair Hay seconded the motion that carried 6 to I with Mr. Fitzpatrick dissenting. Motion Mr. Cwynar moved that item 7.A.2 - Quantum Park Lot 89-B Waivers, request for Waiver for a Master Site Plan in a mixed use pod within an approved PID (Lot 89-B) be approved. Vice Chair Hay seconded the motion that carried 6 to 1 with Mr. Fitzpatrick dissenting. B. Code Review PROJECT: AGENT: LOCA'I1ON: DESCRIPTION: Limited Access Self-Storage (CDRV 02-004) City of Boynton Beach C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts city-wide Request to amend the Land Development Regulations Chapter 2. Zoning, Sections 6(a), 6(c), 6(d) and 1:1.O: (1) to restrict self-storage facilities to the M-1 Industrial zoning district; and (2) to amend the supplement regulations governing SELF SERVICE STORAGE FACIL~IIES (MINI-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district. This item was heard out of order/ater in the meeting. C. Land Use Plan Amendment/Rezonin- PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Hampton Court (REZN 02-007) Jennifer Liszak-Land Design South RSPB LLC East of Congress Avenue, south of SW 23rd Avenue Request to rezone a _+ 4.70-acre tract from R-3 Multi-family Residential to Planned Unit Development (PUD) to allow the site planning for Th/s ~rem was prev/ou$/y heard out of order. 17 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 D. Site Plan Time Extension PROJECT: AGENT: OWNER: LOCA'I'ION: DESCRTPTION: Calvary Chapel (SPTE 02-003) .lames T. Barretta, Barretta & Associates Calvary Chapel of Boynton Beach 3190 Hypoluxo Road Request for a one-year time extension of the site plan approval granted on December 4, 2001 to December 4, 2003. Th/$ /tern was prev/ou$/y heard out of order. E. Master Plan Modification PRO.iECT: AGENT: OWNER: LOCATION: DESCRIPTION: Motorola PXD (MPMD 02-004) R. Duke Woodson-Foley & Lardner Maury L. Carter & Associates 1500 W, Gateway Boulevard Request for master plan modification to decrease the size of the Motorola P]:D Master Plan boundary in conjunction with the conversion of the undeveloped portion for commercial and residential uses, Eric .lohnson, Planner, explained that there were some very minor conditions of approval and the applicant agreed with them. Staff recommended approval. Duke Woodson, representing the applicant~ agreed with staff's conditions and said that this was a housekeeping item to satisfy a condition of approval of the DR]:. Motion Vice Chair Hay moved to approve the request for the master plan modification to decrease the size of the Motorola PID Master Plan boundary in conjunction with the conversion of the undeveloped portion for commercial and residential uses with all conditions. Mr. Cwynar seconded the motion that carried unanimously. F. Use Aooroval I PRO.iECT: AGENT: OWNER: LOCATION: Survivors Charter School (USAP 02-003) Douglas B. MacDonald, Quantum Limited Partners, Ltd Quantum Limited Partners, LLC 1325 Gateway Boulevard (Quantum Park Lots 18 & 19) 18 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 DESCRIPTION: Request for use approval for a "Charter High School" on Lots 18 and 19 in the Quantum Park Planned Industrial Development (PID). G. New Site Plan 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Survivors Charter School (NWSP 02-020) Douglas B. MacDonald, Quantum Limited Partners, Ltd Quantum Limited Partners, Ltd 1325 Gateway Boulevard (Lots 18 & 19 Quantum Park PID) Request for site plan approval for a two-story, 33,124 square foot building to be used as a Charter High School, and a one-story, 186,286- square foot office/warehouse building on 5.60 acres. The above two items were heard together. Lusia Galav, Principal Planner, presented the case. All of the City's Planned Industrial Developments require a list of uses that are approved by the Planning & Development Board. The applicant requests a use approval for a charter high school that would be located in one of the two spec buildings on lots 18 and 19. The school would have a long- term lease. The age of the students would be between 17 and 19 years old who have acquired minimum credits for graduation but have not graduated. This charter school would provides an innovative way for these students to graduate with diplomas. The estimated enrollment would be 700 students. In the Quantum Park PID, the master plan designates all of the lots with land use designations. These lots are designated as OI, which means that either office or industrial could be developed on that site. In our traditional C-1 zoning and in the PID section on uses permitted, schools are allowed. This is a request to add a charter high school to the Quantum Park permitted use list, specifically for lots 18 and 19 and staff recommends approval of the request. Douglas MacDonald, Quantum Limited Partners, Ltd., agreed with all of staff's recommendations. This charter school is part of the Palm Beach County school system. They are very successful and are expanding their program. They currently have a school in West Palm Beach but they realize that Quantum Park is the best place to be located. The school serves a need in the community. Quantum Park designed the building as an office building so it could be converted to that if the school would close. Mr. MacDonald felt that the charter school was a great use. 19 Meeting Minutes Planning & Development Board B0ynt0n Beach, Florida 3anuary 28, 2003 In response to an inquiry from Ms. Butler regarding having 239 parking spaces for 700 students, Mr. MacDonald explained that some students use Tri-Rail or the bus. Ken Carson said that the school's hours of operation would be staggered from Boynton Beach High School and would probably be from 8:00 a.m. until 12:30 or 1:00 p.m. The ratio of parking spaces meets the code. In response to questions, Mr. MacDonald explained that Quantum owns the buildings and would be leasing them. Motion Vice Chair Hay moved to approve the request for use approval for a "Charter High School on Lots 18 and 19 in the Quantum Park Planned Industrial Development (PID). Motion was seconded by Mr. Fitzpatrick and carried unanimously. Motion Vice Chair Hay moved to approve the request for site plan approval for a two-story, 33,124 square foot building to be used as a Charter High School, and a one-story, 186,286-square foot office/warehouse building on 5.60 acres. Mr. Fitzpatrick seconded the motion that carried unanimously. G. New Site Plan PROJECT: AGENT: OWNER: LOCAT[ON: DESCP, JPT[ON: Hampton Court (NWSP 02-023) .lennifer Liszak-Land Design South RSPB LLC East of Congress; south of SW 23~d Avenue Request for site plan approval for 66 dwelling units within seven (7), two-story, fee simple townhouse buildings on 4.70 acres in a proposed PUD zoning district. This item was previously heard out of order. $#bdivision - Master Plan PROJECT: AGENT: OWNER: Arbolata Townhomes (SBMP 02-005) William Wietsma William H. Baker, Trustee 2O Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 LOCATION: DESCRI PTIO N: Southeast corner of Congress Avenue and Southwest 35th Avenue. Request for Subdivision Master Plan approval for a 172 unit, multi-family residential development on a 16.087-acre parcel in a proposed PUD zoning district. Eric Johnson, Planner, stated that the site would be developed in one phase. The project has traffic and school concurrency and meets the parking requirements. Emergency vehicle ingress and egress would be provided at a curb cut along Congress Avenue. The width of the west landscape buffer along Congress Avenue will vary but will be at least 30 feet at its most narrow point. The south landscape buffer will be at least 19 feet, the buffer along Caloosa Park will be at least 12 feet, and at least 15 feet along SW 35th Ave. The proposed development will be gated and there will be a 6-foot high wall surrounding the entire property. The recreation area is not being site planned at this time but the applicant understands that he must come back to this Board and the City Commission at a later date with plans for the recreation area. The applicant agreed to meet all 20 conditions of approval. William Wietsma advised the Board that this project was not going to be gated. Regarding the landscape buffers, he explained that there are additional setbacks for the buildings that add to the landscape barriers. When asked by Mr. Johnson whether there would be a provision for screen enclosures in the rear yard, Mr. Wietsma responded no. No fences are allowed between the units. Each unit has a covered lunai that can be screened in; however, no screen enclosures are permitted that extend beyond the building footprint. Bob Ensler said that he was speaking as an Alternate IVlember of the Board, Vice Chair of the Boynton Beach Sister City International Committee, and spokesperson for the residents of Hunters Run. He presented a petition containing 1,304 signatures in favor of this project. They represent residents of Hunters Run, Quail Run, and Golfview Harbor. This is marked "Exhibit D" and is on file in the office of the City Clerk. Mr. Ensler stated that the Sister City International Committee discussed using the back of Caloosa Park to build a Chinese facility. Caloosa Park is rather hidden and it would be helpful if there was signage on Congress Avenue pointing to Caloosa Park and potentially pointing to the Chinese facility. Mr. Weitsma agreed to some sort of signage either by the City or the Friendship Committee. Mr. Ensler requested that this be part of the motion if approved. 21 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuary 28, 2003 Mr. Fitzpatrick felt that after deducting homestead exemptions and costs of services, the City would not derive very much in taxes. He preferred a larger Caloosa Park. He did not believe that this was a good project for the City. Alice Otis, Alternate Member of the Planning & Development Board, felt that this project was an intrusion on the businesses in this industrial area. Chairman Friedland stated that these were fee-simple homes and not rentals. He understood Mr. Fitzpatrick's concerns regarding tax revenue but felt that the new residents would be good for the economy by using City restaurants, movies, etc. Mr. Johnson stated that if there were going to be a sign, we would need to identify a sign easement on the site plan. The applicant agreed. Motion Mr. Cwynar moved to approve the request for Subdivision Master Plan approval for a 172 unit, multi-family residential development on a 16.087-acre parcel in a proposed PUD zoning district. Vice Chair Hay seconded the motion. When questioned whether this included the sign, it was stated that it did. The motion to approve carried 6 to I with Mr. Fitzpatrick dissenting. 7.B. C0de Review PROJECT: AGENT: LOCA'I'ZON: DESCRTPT~ON: Limited Access Self-Storage (CDRV 02-004) City of Boynton Beach C-2 Neighborhood Commercial, C-3 Community Commercial and C-4 General Commercial zoning districts city-wide Request to amend the Land Development Regulations Chapter 2. Zoning, Sections 6(a), 6(c), 6(d) and 1:~.O: (2) to restrict self-storage facilities to the M-1 ]~ndustrial zoning district; and (2) to amend the supplement regulations governing SELF SERVICE STORAGE FACILITIES (M:[NT-WAREHOUSES) to remove all references to the C-1 Office/Professional Commercial zoning district. Dick Hudson, Senior Planner, explained these are proposed amendments to the zoning regulations. They would restrict self-storage facilities to the M-! zoning district only. He presented some background on this for the Board. 22 Meeting Minutes Planning & Development Board BoYnton Beach~ Florida 3anuary 28, 2003 In 1989 an applicant wanted to build a limited access self-storage facility in the office commercial district. Their rationale was that it would be used mainly for record storage and therefore should be close to offices that produce the records. Staff agreed and made some Comprehensive Plan amendments limiting self-storage to the C-1 zoning district. An interpretation of the code amendments this past year led to an application for a limited access storage facility in an area zoned C-3 on Federal Highway. The City Commission issued a Notice of Intent that halted any development of limited access self-storage facilities in all commercial districts except C-4 and M-1. Now staff wants to prohibit self-storage in all commercial districts and limit them to the M-1 zoning district. Part of the reason is that there is a lot of property on Federal Highway zoned C-4 and that is not an appropriate area for storage. Alter tonight, it will go before the City Commission and if they agree, proper ordinances will be dralted. Bob Ensler felt that there should be distance standards and architectural and appearance standards for those self-storage facilities on major arteries. Michael Rumpf, Planning & Zoning Director, stated that if the Board and the City Commission concurs with the language, staff would draft an ordinance for the Commission. Ms. Butler asked if this would jeopardize existing legal non-conforming uses. Mr. Rumpf answered that if it was a non-conforming use, they would be restricted from expansion. Motion Mr. Cwynar moved to approve the request from the City to amend the code for the limited access self-storage and to include distance standards and architectural and appearance standards for storage uses fronting on major arteries. Motion was seconded by Vice Chair Hay and carried unanimously. 8. Other 9. Comments by members Chairman Friedland was concerned regarding a sign on one of the large warehouse buildings on the north side of Gateway Boulevard. Mr. Rumpf said he would check it out. 23 Meeting Minutes Planning & Development Board Boynton Beach, Florida 3anuarv 28, 2003 :L0. Adjournment Sine there was no further business before the Board, the meeting properly adjourned at 10:35 p.m. Respectfully submitted, Bonnie Glinski Deputy City Clerk (four tapes) 24