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Minutes 05-27-03MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 27, 2003 AT 6:30 P.M. Present Lee Wische, Chairman Jennifer Butler Sergio Casaine William Cwynar, Vice Chair Mike Friedland Woodrow Hay Steve Myott Bob Ensler, Alternate Mike Fitzpatrick, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Dick Hudson, Senior Planner Eric Johnson, Planner Maxime Ducoste-Amedee, Planner I. Pledge of Allegiance Chairman Wische called the meeting to order at 6:30 p.m. Ms. Butler led members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Wische introduced the Board members; Assistant City Attorney Tolces; staff; Jeff Livergood, Director of Public Works; and Deputy Fire Chief Jim Ness. 3. Agenda Approval Motion Mr. Cwynar moved that Item VII.A. (New Alliance Haitian Church) be deferred until the applicant arrives. Motion seconded by Mr. Hay and unanimously carried Motion Mr. Cwynar moved that Item 8.A. (Fire Station), a City-initiated project, be moved to the end of the agenda. Motion seconded by Mr. Friedland and unanimously carried. Ms. Butler noted that Item 4. "Election of New Chairman and Vice Chairman," should be removed from the agenda since this was addressed at last month's meeting. Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Motion Ms. Butler moved to delete Item 4 "Election of New Chairman and Vice Chairman" from the agenda. Motion seconded by Mr. Cwynar and unanimously carried. Motion Mr. Cwynar moved to approve the agenda, as amended. Motion seconded by Mr. Casaine and unanimously carried. 4. Approval of Minutes - April 22, 2003 Motion Mr. Friedland moved to approve the minutes. Motion seconded by Mr. Cwynar and unanimously carried. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the April 22, 2003 Planning and Development Board Meeting Agenda Items Mr. Rumpf reported that the following actions were taken at the City Commission Meeting: 1. At the May 6, 2003 Meeting, the two items for Eckerd Drugs, the conditional use approval and the major site plan modification for the Target Shopping Center, were both approved. 2. At the May 20, 2003, Meeting the ordinance for indoor recreation or athletic competition, was amended. 3. At the same meeting, the Serrano item was tabled and has since been withdrawn at the request of the applicant. Mr. Rumpf announced the dates for the workshops for the Land Development Regulations Re-write Project. The first one has been scheduled for June 17th for the City Commission and June 24th at the Planning and Development Board Meeting. Mr. Rumpf inquired if the Board wished to have the workshop prior to its regular meeting. After discussion it was agreed to schedule the LDR workshop from 6:00 p.m. to 7:00 p.m. on the same day as the regular meeting and the regular meeting would start at 7:00 p.m., instead of 6:30 p.m. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Motion Mr. Friedland moved that this Board hold a workshop on Tuesday, June 24, 2003 from 6:00 p.m. to 7:00 p.m., after which time the regular meeting will take place. Motion seconded by Mr. Cwynar and unanimously carried. Attorney Tolces administered the oath to all persons who would be testifying. Chairman Wische introduced Quintus Greene, the City's Development Director. 6. Old Business: A. New Site Plan (addressed later on the agenda) Project: Agent: Owner: Location: Description: New Alliance Haitian Church (NWSP 01-008) Alfred Daise New Alliance Haitian Church Hoadley Road (east end) Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel This item was acted upon by the Board on September 24, 2002, and subsequently directed back to the Board by the City Commission to reconsider impacts of road improvements upon adjacent neighbors. 7. New Business Land Use Plan Amendment/Rezoninq (addressed later on the agenda) Project: Fire Station (LUAR 03-004) (Relocation of Fire Station #2) Agent: City of Boynton Beach Owner: City Initiated Location: North side of Woolbright Road; west of Congress Avenue Description: Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential (LDR) to Public and Private Governmental/Institutional (PPGI); and Request to rezone from Planned Unit Development (PUD to a Public Use (PU) to 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27,2003 allow for the relocation of Fire Station #2 with accessory recreation amenities. B. Zoning Code Variance Project: Agent: Owner: Location: Description: Ream Variance (ZNCV 03-004) Peter and Stephanie Ream Peter and Stephanie Ream 710 SW 27th Avenue Request for relief from Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-l-AA Zoning district, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. Chairman Wische informed the applicant that staff recommended denial of the request. Stephanie Ream, 710 SW 27th Avenue, Boynton Beach referred to the staff report that stated there were only two rear setback requests in her community during the past 12 years. She checked the records of the Forest Hills Subdivision and found that there were many variances granted prior to those years. Ms. Ream explained that they are anticipating another child and would like to add another bedroom to their home. She also noted that in the Chapel Hill area recently there was an approved variance for a rear setback that was more than what they are seeking. When they purchased the home in August 2002 there already was a concrete patio set where they would like to add the new room. She was not certain if the previous owners applied for a variance to lay the patio. They do not intend to go further than the current patio. She said that they explored adding a second story to the house, but were informed that their foundation could not support a second story. Maxime Ducoste-Amedee said that he did obtain copies of the variances applied for in the Forest Hill Subdivision and they only searched back 12 years when analyzing the request. The variances that the applicant referred to were very minimal. He noted that the last three setbacks that had been applied for had been denied. He pointed out that in order to be granted a variance, the applicant must meet the hardship criteria, which this applicant does not. He noted that the former owner built the structure to the full extent of the setback limitations, leaving minimal space for any addition to the structure. Mr. Casaine inquired as to the size of the additional room and Ms. Ream responded that they have not hired an architect and therefore was not sure on 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27,2003 the size. The addition would also include a bathroom, as well as a bedroom. She estimated that the addition would probably be 15' x 22'. Ms. Ream presented petitions and letters that her neighbors submitted in support of her request for a variance. Mr. Ducoste-Amedee noted that those were included in the staff report. Mr. Friedland felt that the variance request was not that significant and that it was necessary as the result of family growth. Mr. Cwynar said that he lives about eight houses from the applicant and knew the original owners. He has lived in this area since 1974 and thinks that a lot of things have been done in the community that were not noted by City officials and he would be in favor of granting the variance. Mr. Myott also lives in this neighborhood and he did not think that a 25' setback was necessary since many of today's new houses have much shorter rear setbacks because square footage becomes more valuable. He noted that the house was not a large house and that the granting of the variance should be allowed to encourage young families to stay in the City and at the same time add to the tax rolls. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mike Fitzpatrick said he was opposed to granting the variance because the rules should be followed. If this variance were allowed, it would set a precedent. Motion Mr. Friedland moved to approve the request for relief from Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 25 feet for a single- family home within the R-l-AA Zoning District, to allow for a variance of 5 feet, and a rear yard setback of 20 feet. Motion seconded by Mr. Hay and unanimously carried. VARIANCE WITHDRAWN Project: Agent: Owner: Location: Description: Linton Black Variance (ZNCV 03-003) Linton Black Linton Black 202 NE 15th Avenue Request for relief from chapter 2, Zoning, Section 5.D.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-1-A Zoning District, to allow for a Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 variance of 14.8 feet, and a rear yard setback of 10.2 feet. Variance request withdrawn; determined unnecessary during analysis and research. C. Site Plan Waiver Project: Agent: Owner: Location: Description: Quantum Park & Village South (SPWV 03-001) (aka villas at Quantum Lakes Phase III) Mark Hansen, Olen Properties Quantum Lakes Villas II, Corporation South of Gateway Boulevard; west of High Ridge Road Request for waiver from Land Development Regulations Chapter 2, Section 11.H.1 requiring 2 spaces per unit to allow a 0.25 reduction or 1.75 spaces per unit with an additional 5% of the total spaces. Mr. Myott recused himself from this item because the firm that he is employed with is working on this project. Mark Hansen, Olen Properties, 1062 Coral Ridge Drive, Coral Springs, assumed the podium. Chairman Wische announced that staff has recommended approval. Staff had no further comments. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Friedland moved to approve the request for waiver from Land Development Regulations, Chapter 2, Section 11.H.1, requiring 2 spaces per unit to allow a 0.25 reduction or 1.75 spaces per unit with an additional 5% of the total spaces, subject to the conditions of approval. Motion seconded by Ms. Butler. Chairman Wische pointed out that there was a waiver and asked the applicant if he agreed with the waiver. Mr. Hansen said that he did, as well as the conditions of approval. Vote Motion carried 6-0 (Mr. Myott abstaining.) Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 C. New Site Plan Project: Agent: Owner: Location: Description: Largo Pointe (NWSP 03-005) James R. Williams Phegley Corporation 2400 SW 19th Avenue Request for site plan approval for 20 fee- simple townhouse units and related site improvements on a 1.97 acre parcel in the R-3 zoning district Mr. Myott recused himself from this item because the firm that he is employed with is working on this project. James Williams, of Quincy, Johnson Architects, 949 Clint Moore Road, Boca Raton, assumed the podium. Chairman Wische pointed out that there were 32 staff comments and asked the applicant if there were any comments that they disagreed with or needed clarification on. Mr. Williams responded that they agreed with all staff comments. Eric Johnson noted that staff received letters today from Palm Beach County Traffic Division and Palm Beach County Board of Education, which states that the project meets the concurrency requirements. Therefore, staff comments #24 and #25 should be eliminated. Mr. Fitzpatrick inquired about comment #20 dealing with the two existing Ficus trees and why staff was requiring that these two trees be preserved. Mr. Williams responded that these two trees would be replaced with two native trees. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Myott inquired if there was any signage, and Mr. Williams responded that it is included with the site plan package. Ms. Butler asked what the starting price would be for the units. Mr. Williams thought it was around $200,000. Motion Mr. Hay moved to approve the request for site plan approval for 20 fee-simple townhouse units and related site improvements on a 1.97 acre parcel in the R-3 zoning district with the rejection of comments #24 and #25 and subject to all other staff comments. Motion seconded by Mr. Casaine and carried 6-0 (Mr. Myott abstaining) 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 D. Site Plan Time Extension Project: Agent: Owner: Location: Description: Woolbright Plaza (SPTE 03-001) H.P. Tompkins, HPT Consultants, Inc. R.S.B. Ventures, Incorporated 1609 S. Congress Avenue Request for a one (1) year time extension of the conditional use/site plan approval granted on March 5, 2002 (an extension to March 5, 2004). Chairman Wische opened the public hearing. Herb Suss, a resident of Quail Run, Boynton Beach, pointed out that when the item first came up, his community supported the project, except for the height exemption. He stated that the applicant went directly to the Commission and informed the Commission that they needed 17' in height over Code for their elevator shaft. The residents of Quail Run were against the height exemption, because they did not want to see these high structures. It later surfaced that these towers were not needed for the elevators and will be used for aesthetic purposes. He would like the applicant held to the 45' height limitation and that the request for the height exemption be rejected. Mr. Ensler noted that when the item first came before this Board, there was a request for a 17' height exception and the Board was informed it was needed for the elevator shaft and the Board approved it, but not unanimously. When the item went to the City Commission, the applicant stated that he made a mistake and the 17' height exception was not necessary for the elevator and the applicant was willing to reduce the height. Mr. Ensler pointed out that the applicant is applying for a one-year time extension that includes the height exception. Mr. Ensler was in favor of granting the time extension, but did not want to include the height exception. Mr. Ensler cited the requirements that would justify a height exception from the Code and noted that the neighboring residents are opposed to it. Chairman Wische closed the public hearing. Mr. Friedland questioned if the 17' height exception was part of the applicant's request. Mr. Press responded that they are not requesting any new conditions and acknowledged that they received a height exception at the original site plan approval. He agreed that they did not need the 17' feet for the elevator shaft after all. However, the City Commission liked the elevations and approved the height exception. Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Chairman Wische asked Attorney Tolces to clarify what the Board would be voting on. Attorney Tolces responded that the request is for a one-year extension of the site plan as approved, which includes the height exception. Attorney Tolces did not think that the Board could amend the site plan that has already been approved. Motion Mr. Myott moved to approve the request for the one (1) year time extension for the site plan approval, including the height exception. Motion seconded by Mr. Friedland. The Recording Secretary called the roll. The motion carried 4-3. (Chairman Wische and Messrs. Casaine and Hay dissenting.) F. Heiaht Exception Project: Agent: Owner: Location: Description: The Watershed (HTEX 03-003) Richard Jones, A1A, Quincy Johnson Architects Watershed Treatment 4905, 4915, 4927 Park Ridge Road Request for height exception of 10 feet pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of decorative cupolas to be 55' in height, a distance of 10' above the 45-foot maximum height allowed in the P.I.D. Zoning District. Mr. Myott recused himself from this item because the firm that he is employed with is working on this project. Richard Jones, an Architect with Quincy Johnson Architects, 949 Clint Moore Road, Boca Raton assumed the podium. Eric Johnson, Planner stated that the project was approved on June 4, 2003 by the City Commission for use as a substance abuse rehabilitation hospital. At the time when the Commission approved the project, it never formally approved the height exception request, which was only a project condition of approval. By approving the height exception tonight, this will represent the formal request for approval of decorative cupolas that were previously shown on the elevations approved by the Commission. If the height exception were denied, the top of the roof would be fiat. Mr. Johnson noted that cupolas are eligible for height exceptions and, if approved, they would be allowed to remain. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Chairman Wische noted that staff has recommended approval and there are no conditions of approval. Chairman Wische opened up the public hearing. Herb Suss, a resident of Boynton Beach, requested that this item be denied because it would be 10' above code. He requested that the building conform to the code. Mr. Fitzpatrick pointed out that Quantum Park is a PUD and is governed by different rules. He felt with the addition of the cupolas the building is more aesthetically pleasing and was in favor of the request. Alice Otis, 203 SW 13th Street, Boynton Beach, said that the City was originally going to go above 45' in Quantum Park and noted that it has already been approved and should not be denied. Chairman Wische closed the public hearing. Ms. Butler asked if staff received any objections from the neighboring community. Mr. Johnson responded that they received no correspondence from any neighbors, but pointed out that the item was not advertised. Mr. Friedland felt that the addition of the cupolas made the building much more attractive. Mr. Ensler pointed out that when the original application was heard the neighboring community was against the project and did voice their objection to the height. Mr. Ensler questioned why the neighbors were not notified of the height exception. Mr. Friedland retorted that most of the people that spoke against the project were against the use and not the height of the building. Mr. Cwynar agreed with Mr. Friedland's assessment and that height was discussed, but was not a major issue. Motion Mr. Cwynar moved to approve the request for height exception of 10' pursuant to the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the top of decorative cupolas to be 55' in height, a distance of 10' above the 45 foot maximum height allowed in the P.I.D. zoning district. Motion seconded by Ms. Butler and carried 6-0 (Mr. Myott abstaining.) 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 A. New Site Plan (addressed out of order)) Project: Agent: Owner: Location: Description: New Alliance Haitian Church (NWSP 01-008) Alfred Daise New Alliance Haitian Church Hoadley Road (east end) Request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel This item was acted upon by the Board on September 24, 2002, and subsequently directed back to the Board by the City Commission to reconsider impacts of read improvements upon adjacent neighbors. Attorney Tolces administered the oath to the late arrivals Alfred Daise of Loxahatchee, Florida, assumed the podium. Chairman Wische explained that there are 15 staff comments and asked the applicant to address only those comments that he did not agree with or needed clarification. Mr. Daise stated that the Architect, Donald Senatore, would address these items. Mr. Senatore stated that he never received staff's comments. Eric Johnson, Planner said that these were comments from the fourth review of the site plan that were not addressed when the site plan went through the TRC. Any issue that was not addressed at the TRC is converted to conditions of approval, of which there are 15. Mr. Johnson pointed out that condition #2 conflicts with condition #15 that deals with the party that would be responsible for upgrading Hoadley Road, which Mr. Johnson cited. Staff requires that all developers fund off-site improvements that are necessary to accommodate private improvements, which is not the City's responsibility. When the Planning and Development Board originally approved the project, the Board recommended that the City shall be responsible for upgrading the southern portion of Hoadley Road and to provide a turnaround. Mr. Daise objected that the developer should be responsible for installing the road. This was a pre-existing condition and through the City's neglect, the road was not upgraded. Mr. Daise felt that this requirement was unfair and should be the City's responsibility. Other than the responsibility for the repair of the road, the applicant agreed with all staff comments. Mr. Daise noted that they met with Jeff Livergood, Director of Public Works, who offered to assist with tying in some of the costs for the water main. Mr. Daise said that this brings up the issue that they would have to trespass on the mall property to accomplish this. He felt that this was litigious, and they cannot go onto someone else's property as a condition of puffing in a road. 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Jeff Livergood, Director of Public Works, explained that water mains are located in utility easements, which the City has the right to access. Therefore, the City has the right to allow the developer to access the water main in the shopping center. The developer would be responsible for the costs involved, but these costs would be a lot less than putting in a new water main all the way out to Velaire Drive or maybe to Old Boynton Road. Mr. Hay stated that when he looked at the road, it appeared substandard and he wondered why the City has not done something previously to bring it up to standards. Mr. Livergood responded that when the area was developed it was annexed from the County and Hoadley Road was a dead end serving three homes. Therefore, the current roadway is sufficient to serve these three homes since there was no thru traffic to justify the expense of widening the road. Mr. Hay retorted that since the City annexed the property, it should be the City's job to bring it up to par. Mr. Livergood was not certain when this area was annexed into the City, nor the history of the development of the single-family homes that are affected. The City may have allowed the single-family homes to be built without requiring them to improve the road. Mr. Ensler was in agreement with Mr. Hay and felt the City was being unreasonable in asking the developer to bring the road up to code. The City should assume all responsibility for Hoadley up to the northern property line of the church, at which point the church would then become responsible for the road and other improvements. Quintus Greene, Development Director explained that the subdivision was originally platted in 1917 in the County. He stated that when there is new development, it is the developer's responsibility to install those improvements caused or made by his development. Mr. Greene explained the reason that there is a turn lane at the north bound lanes of the Seacrest at Woolbright intersection was due to Lowe's Home Improvement coming to the City, which is located one-half mile away. Since the church is creating a 400-seat auditorium, there will be an additional traffic demand on the road that the road cannot accommodate. Therefore, the church is being required to upgrade the road. Mr. Daise responded that the seating capacity of the church is 224. He said that he has looked at City records and found that no church has ever been required to install and pay for a road, unless the church was located on a major roadway and a turn was required onto the property. Mr. Daise stated that they were putting in the turnaround for the emergency vehicles as required by code. He further pointed out that they have agreed to all staff comments except for the road. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Mr. Daise noted that the mall developer is not in compliance with the City requirements that the trees must be planted every 30'. Further, some of the trees are so old they should be removed. If they were required to remove the trees and replant new ones, this would cost them more money. Mike Fitzpatrick felt that the developer should be responsible for improving the road. Sometimes the City does pay for improvements, such as in the CRA area, but they get something in return. Mr. Fitzpatrick noted that there are no taxes on churches and this would set a bad precedent. Mr. Fitzpatrick also felt that the separation between church and state should apply, and he did not want his tax dollars to go towards helping churches. Mr. Fitzpatrick also recommended that "no parking" signs be placed along the sides of the road. Ms. Butler inquired how many services would take place. Mr. Daise stated that they do not have that many members and the Alliance Development Group, which is based out of Colorado, is doing the project. There is already an Alliance Church on Southern Boulevard in West Palm Beach and they anticipate building more churches in Boynton Beach. Mr. Daise reiterated that he felt it was the City's responsibility to put in the road. Mr. Friedland pointed out that the road has not been updated since 1917 for the current three families. He felt that these residents deserved a better street. Mr. Friedland felt that the City should take care of this. Chairman Wische said that he inspected the road today and the road has deteriorated to not being a road. It was so narrow that he could not even turn around. Mr. Hay also has gone to the site several times and stated that there are portions of the road where it would be impossible for two cars to pass each other. Mr. Hay was disappointed in the City that it has not rectified these substandard road conditions. He did not think it would cost too much money for the City to redo the road up to the church property. For clarification purposes, Mr. Greene stated that the road was platted in 1917; that does not mean that it had not been paved since 1917. Ms. Butler inquired if the church would be required to pay impact fees and Mr. Greene stated that those fees would go to the County. Ms. Butler said that those fees are earmarked for infrastructure, regardless if the money goes to the County or the City. Mike Rumpf, Planning and Zoning Director, responded that the City collects impact fees for the County and the County returns the City's share based upon certain formulas. Ms. Butler felt that the City should be responsible for repairing the road. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Mr. Fitzpatrick said that there are miles of substandard roads and sidewalks in Boynton Beach. When he built his house, he put in his own sidewalk. He did not think that the City should have to pay for developers' improvements. Mr. Fitzpatrick did not think that 30 trips per day were generated from this road and that it was probably closer to six trips per day. Chairman Wische opened the public hearing. Eric Peterson, 430 Hoadley Road, is happy with the size of the read and it adequately serves the needs of the three homes and could serve three or four more homes. He did not think that the read was decrepit, and the City has recently paved it. He would like to see single-family homes built at the end of Hoadley and there would be no need to widen the road. He said that there was an average of eight trips per day for the three homes. The community is opposed to building a church at this location and did not think that a church at the end of their dead end street would be appropriate. He noted that there are only houses on one side of the street; there is a concrete buffer wall on the other side. At the end of the street, where the church would like to locate, the land is surrounded by water on two sides. Further, he noted that none of the residents in the community are members of the church and there would be a lot of non-residents coming into their neighborhood everyday. He did not think that the 63 parking spots could accommodate 243 seats. As a result, he felt that people would park on the road. Even if the road were expanded to 20' it would still be substandard. Mr. Peterson pointed out that the City's Land Development Regulations state that the developer is responsible for the cost of any improvements to roads, etc. Mr. Myott inquired if the site plan has already been approved and was informed that it was approved and the item was sent back to the Board by the Commission to deal with the road issue. Tina Smith, 15 Velaire Drive, pointed out that this is a neighborhood of 26 homes and is a small neighborhood. She felt that no one has even considered Velaire Drive in the plans, which would become a freeway when 60 cars are trying to exit. Even if the road were widened to 20', she did not feel that this would be sufficient. Further, she pointed out that the vegetation buffer was put up to protect the neighborhood and now it would be torn down. Anne Smith, 4 Velaire Drive, said that the church would have a big impact on the neighborhood. Ms. Smith felt there was insufficient parking. Since there is only one way in and one way out, Velaire Drive would be backed up. She also felt that if there were insufficient parking at the church, people would park along the street. Ms. Smith did not want to see their nice neighborhood destroyed. 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Neal Kilburn, 19 Velaire Drive, has lived on the corner of Velaire and Hoadley Road since 1985 before the shopping center was built. He did not want to see the buffer that separates Hoadley Road from the shopping center eliminated and if the road were expanded, it would impact the neighborhood. He also felt that the traffic generated would be overwhelming to the neighborhood. When he moved in his house, the road was made of shellrock and was paved a few years ago. He also said that the shopping center has not lived up to its covenant to maintain live trees along the eastern side of the wall. Mr. Kilburn is opposed to making any improvements to the road to accommodate a church with this capacity. Kathy Silverio, 10 Velaire Drive, has lived in the neighborhood for 10 years. Ms. Silverio felt that even widening the road 20 feet would not be sufficient and is still not up to code. She further felt it would be very difficult for two cars to pass each other on Hoadley Road. She is also opposed to the City paying for the upgrade of the road that would set a precedent where other churches would come in and ask for the same exception. Ms. Silverio was opposed to her tax dollars paying for this. Bill Petteruto, 14 Velaire Drive, stated that if the trees and vegetation that currently buffer the shopping center were torn down, the shopping center would be visible. He pointed out that approval of the shopping center was based upon a covenant that the trees would be maintained by the shopping center. He felt that an exposed bare wall would attract a great deal of graffiti. He also thought that the traffic generated by the church would create a dangerous situation when they tried to exit onto Old Boynton Road. He felt that the residents would not be able to get in and out of their neighborhood due to the increased traffic. He pointed out that they are due consideration and have lived in their neighborhoods for 10 to 15 years. He could not understand how a church could locate into such a small neighborhood thereby creating a dangerous situation. He said that they are already waiting up to five minutes to exit Velaire onto Old Boynton Road. He did not think that putting in a traffic light would solve the problems, because there already is a traffic light at Old Boynton and Congress Avenue. Rod Silverio, 10 Velaire Drive, was not opposed to road improvements, but was concerned about the traffic impact. He felt Hoadley Road was adequate the way it is. Mr. Silverio noted that when Wal-Mart opened up, it greatly increased the traffic on Old Boynton Road and people are using Old Boynton Road to get to Wal-Mart as a shortcut. Mr. Silverio pointed out that the code requires the fire lane to have a minimum of 22'. He also had concerns with emergency vehicles having to access the roads when the church is holding services. He inquired if the Police Department would be present to direct traffic because at certain times of the day you cannot get in and out of his street onto Old Boynton Road. He also pointed out that there has been an increase in traffic accidents at the intersection of Old Boynton Road and Congress Avenue. 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Gene Seng, 1 Velaire Drive, also abuts Hoadley Road. He pointed out that the church's membership would grow and the City is only creating bigger problems. He felt that construction would create a lot of debris and infringe into their yards. Mr. Seng was against having a church in his neighborhood. Frank Klaven, 12 Velaire Drive, was opposed to the City paying for any improvements to Hoadley Road. He felt that this was the responsibility of the developer and noted that the Church was being paid for by an Alliance in Colorado. He felt that they should have sufficient funds to make the improvements. There being no one else that wished to speak, the public hearing was closed. Mr. Daise responded that the church has a legal right to be there. He felt that by putting the onus on the church that things would get worse was inaccurate. He said that they have sufficient parking spaces and have room for expansion on site. Mr. Daise said that no one would be parking on anyone else's property and if the church grows, they would get a bigger church. Don Senatore from Pembroke Pines, the architect for the project, stated that the hedge along the buffer wall would remain and that the width of the road is actually 30' wide. If they had to improve the road in accordance with the code, the road would have to be 50' wide, by taking 20' from the current property owners. They are opposed to taking any property away from the homeowners. Mr. Ensler inquired at what point would the 20' wide road become inadequate to meet the church's needs. He felt that there should be some conditions that would apply in the future should the church grow and if Hoadley Road could accommodate this growth. He would like to know if the safety issues have been looked at. Mr. Livergood explained that a road width of 22' is a standard width that engineers use, and they actually look at the road as having two 11' lanes. The width of lanes depends upon traffic volume. He said that 10' travel lanes is more than sufficient to accommodate 200 vehicles per day. Therefore, staff felt it prudent to allow two 10' travel lanes. If the church decided to expand, this would have to be looked at by staff. Mr. Hay inquired if any walls or vegetation would have to be removed if the road was widened. By reducing the width of the road to 20' from 22' staff anticipates that this would minimize the impact upon the vegetation. Mr. Livergood explained that the right-of-way width of 30' was substandard and trying to put a 20' roadway in a 30' right-of-way is very difficult. 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Staff had concerns that if the roadway was widened to 22', it would impact the buffer zone and the excavation of the roadway would infringe upon the root structure of the seagrapes, which is the primary buffer on the east side of the wall. With regard to the trees planted by the owner of the shopping center, staff has been speaking to that developer to relocate those trees to another location. Mr. Myott asked for clarification in the staff report that states this item was acted upon by the Board on September 24, 2002 and subsequently directed back to the Board by the City Commission to reconsider impacts of road improvements upon adjacent neighbors. He noted that the item includes the request for site plan approval for a one-story 5,146 square foot church with 240 seats on a 1.9- acre parcel. Mr. Myott wondered if the Board was being asked to reconsider the entire project again. Mr. Rumpf concurred with Mr. Myott's interpretation and that one cannot be approved without the other and it should be treated as a whole. Attorney Tolces pointed out that the Board voted on the site plan application that had been presented and made a recommendation. The Board has now made the decision to reconsider the prior approval and should look at the whole item. Mr. Livergood pointed out that when the prior site plan had been approved, the applicant did not submit good engineering drawings. Staff was unable to tell where the roadway would be located, where the alignment would be and what the impacts upon the neighborhood would be. The developer has since contracted with an engineering firm to provide staff the drawings so that staff could accurately state what the impacts would be upon the neighborhood and that is why staff can now be very specific. Motion Mr. Myott moved to deny the request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel. Motion died for lack of a second. Motion Mr. Hay moved to approve the request for site plan approval for a one-story (240 seat) church on a 1.9-acre parcel, subject to the comments stated. Attorney Tolces requested that the motion address the conflict between the two conditions and who is responsible for the road. Mr. Hay added to the motion that it was the City's responsibility to bring the street up to the standard code. 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Mr. Casaine asked that the motion be clarified. Attorney Tolces requested that the motion be seconded before any more discussion. Mr. Casaine seconded the motion. Chairman Wische noted that the City would be responsible for the road up to the applicant's property line. Attorney Tolces added that the developer of the property would construct the turnaround portion of the road adjacent to their property in conformance with the plans as submitted. Mr. Livergood noted that the vote was "up to standard", which is 22' feet. Mr. Hay amended his motion that the City would be responsible for the road- widening plan. Mr. Tolces confirmed for clarification purposes that the motion would read: "To approve the site plan, subject to the comments provided with respect to the conflict between comments #2 and #15 and clarifying that the City improve the road up to the developer's property, at which point in time the developer would improve the roadway to provide for the turnaround and that the road would be constructed in accordance with the plans submitted to staff and provided in the back up this evening." Ms. Butler inquired at what point did the City determine that there was a traffic problem and require the Church to hire a police officer. Mr. Friedland thought that this was done on an as need basis by the house of worship. Mr. Rumpf said he would look into this. Vote Motion carried 6-1 (Mr. Myott dissenting). 8. New Business Project: Agent: Owner: Location: Description: Fire Station (LUAR 03-004) City of Boynton Beach City Initiated North side of Woolbright Road; west of Congress Avenue Request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential (LDR) to Public and Private Governmental/Institutional (PPGI); and Request to rezone from Planned Unit Development (PUD) to a Public Use (PU) to allow for the relocation 18 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 of Fire Station #2 with accessory recreation amenities. Dick Hudson, Senior Planner presented the item on behalf of the City. Since this is a small-scale amendment consisting of 4.22 acres, it would be adopted by the City before going to DCA. The location of the project is west of Congress Avenue on Woolbright Road. The L-26 Canal borders the property to the north. This property was dedicated to public use in the 1970s for the PUD that eventually became Quail Lake. There is a smaller parcel to the east on which the City has a water storage facility. Because of the shape of the property, it was never developed for recreation. Due to the rapid growth taking place in the City, fire services must be expanded, as well as decreasing the response time. The current fire station #2 was built in 1973 and sits on one-half acre of land. The current station was not built to accommodate dual gender staffing and is not ADA capable. Also, there is very little space for parking. Mr. Hudson noted that the location of the new station would place it in a better location to answer the calls for service in the area. It is also closer to the Boynton Beach Mall, which will lower the insurance rates. It is intended that the station would serve as an Emergency Operations Center and will include a community training room. Staff recommends approval. Mr. Ensler inquired if the site plan would have to be approved by the Planning and Development Board, and Mr. Hudson responded that it would. Mr. Fitzpatrick was in favor of the new station, but he pointed out that this would constitute a loss of land for parks and recreation. Chairman Wische opened the public hearing. Bob Kane, 1657 Wood Fern Drive, Quail Run, asked what the response pattern was for the firehouse. Deputy Chief Jim Ness, stated that the fire assessment program was designed to reduce response times. Originally, it was intended to add a new fire station #4 in the south end of the City. However, it was determined that the redesign of fire station #2 would not reduce response time. When it came to the attention of staff that this particular property was available and after comparing it to the current fire station #2, it was determined that it would be more advantageous to relocate the station. Chief Ness pointed out that even if the current fire station #2 was remodeled, it is located within 20' of residential and the only way to build up would be to add a second story. Even after remodeling, there would be no room for storage. By 19 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 relocating the station, it would move the station one-half mile north, but brings the station closer to the call area, which experiences approximately 2,400 calls. Mr. Kane did not think that building the new station would be advantageous and every time a piece of equipment responded to a call, the sirens would go off and the equipment would have to make a U-turn to get back onto Congress. He also pointed out that a light would have to be installed so that the equipment could exit the station and make the U-turn. Currently the County maintains a fire station at Woolbright and Military that responds as far as Knuth Road. Chief Ness responded that the Fire Department intends to have traffic control at the intersection and they do have a silent response. They intend to pull into the traffic with no siren and with traffic light pre-emption, they would have control of the traffic light at Woolbright and Congress. He also noted that they would have a direct route to 1-95 and the new fire station #.4. Chief Ness emphasized that response time is critical, and they respond to over 450 calls on 1-95 annually. Jean Kane, 1657 Wood Fern Drive, Quail Run, disputed the statement that response time to the Mall would be cut down. She did not want to see fire equipment going through Quail Run by utilizing 26th Street and felt that their landscaping would have to be cut back to accommodate the fire equipment. Ms. Kane was opposed to the station being moved into their neighborhood, thereby decreasing property values. Ms. Kane asked what the amenities would be for the intended recreational use. She asserted that the Board did not care about the members of the community by allowing a fire station in their community. Ms. Kane said she was not against fire stations, but she was against the relocation of fire station #2. David Hoover, 41 Tara Lakes Drive, did not think that moving a fire station from a six-lane road to a four-lane road made sense. He also felt that moving the fire station would have a noise impact upon the neighborhood. He did not want to hear sirens and horns going off at all hours. He felt it would be better to improve the current fire station #2 than to build a new one. He noted that a new station would cost over a $1 million, whereas fixing up the old station would only cost around $500,000. Steve Dunbar, 42 Tara Lakes Drive, felt that the new fire station would create a lot of noise and have a big impact on the homes on the other site of the canal. He would like station #2 to remain at its current location. He disagreed that the new station would be closer to 1-95 and felt that the current station has better access to Boynton Beach Boulevard. 20 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 Teresa Markey, a resident of Quail Run, said that she never received notice regarding the new station and concurred with everyone else who spoke. She pointed out that this is a residential area and she did not want to see anything commercial added and that adding a fire station would have a great impact upon their community. She requested that the current station remain at its present location. Alice Otis, 203 SW 13th Street, asked if the equipment exiting the new station would have to make a U-turn. Chief Ness responded that there would be a cut with a light and there would be no U-turn involved. Chief Ness responded to some of the comments as follows. With regard to the issue of the Mall, the Insurance Service Organization rates fire departments based upon certain variables. One of the problems is the City's response time to the Mall. The ISO looks at a two-mile radius and by moving the station, the ISO requirements would be met and will reduce the City's rating. Chief Ness also spoke about rehabilitating the current station versus building a new station. The current station is very small and they must plan for future growth. If fire station #2 was remodeled, within five to ten years there would be a need for a new station because the station would be inadequate. He further pointed out that as time goes on, there will not be much property available in the City and they may not be able to find a suitable piece of property for a fire station. Statistically, by moving the fire station, they would be closer to 2,400 calls. Also, the new fire station would be closer to the other zones. Staff has carefully analyzed this move and, in their professional opinion, this is the best move. Mr. Myott inquired if the equipment would go through Quail Run property and Chief Ness stated that they would not go through Quail Run when they have access to major thoroughfares. Mr. Friedland pointed out that Chief Bingham was awarded Fire Chief of the Year Award for the State of Florida and that this should be taken into consideration when looking at the facts presented. Mr. Friedland was in favor of relocating the current fire station #2. Mr. Cwynar asked if there was remodeling taking place at station #2 and Chief Ness said there was none. Chief Ness also noted that if station #2 was refurbished, the current firefighters would have to be relocated and this may pose a problem. He also pointed out that a temporary location could cost approximately $250,000. Mike Fitzpatrick said that the City serves the Village of Golf and on Sunday they had two calls. Mr. Fitzpatrick said that it might be possible that they may go through Quail Run if it was necessary to get to the residential section of the Village of Golf or Silverlake. However, these calls only equate to approximately 21 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27, 2003 400 per year. He also noted that the City currently services Quail Run and he did not anticipate that the fire trucks would be knocking down trees. He also noted that it is important that station #2 be located for quick response to 1-95, as well as for backup of other stations. Ms. Butler inquired what the recreational facilities would be. responded that it would be some kind of exercise trail. Chief Ness Motion Mr. Myott moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Low Density Residential (LDR) to Public and Private Governmental/Institutional (PPGI). Motion seconded by Mr. Hay and carried 6-1 (Mr. Cwynar dissenting). Motion Mr. Casaine moved to approve the request to rezone from Planned Unit Development (PUD) to a Public Use (PU) to allow for the relocation of Fire Station #2 with accessory recreation amenities. Motion seconded by Mr. Myott and carried 6-1 (Mr. Cwynar dissenting). Chairman Wische read a letter from Board Member Sergio Casaine regarding Mr. Casaine's absence from the April 22, 2003 meeting. Mr. Casaine was detained at the Courthouse where he was working as an interpreter, which caused him to miss the meeting. He respectfully requested that he be granted an excused absence since he could not advise the Board prior to the meeting of his absence. Chairman Wische commended Mr. Casaine for the letter and said that as far as he was concerned, Mr. Casaine was excused from the meeting. However, he could not answer for the City. G. Code Review Project: Agent: Location: Description: Building Height Measurement (CDRV 03-003) City Initiated Citywide Request to amend the Land Development Regulations, Chapter 1, Article I1., Definitions "Building Height," to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process. 22 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27,2003 Mike Rumpf, Planning and Zoning Director, reported that approximately one year ago staff brought to the Board a proposed amendment for determining height. This addressed the top measurement, i.e. to the roof point, which was changed from peak point to varied, based upon the type of roof. Staff is requesting a change in the methodology, but this time it is the base measurement. Mr. Rumpf referred to the current and proposed language. Currently, the base measurement is measured from the finished grade, which is defined as the average level of the finished surface of the ground adjacent to the exterior walls of the structure. Staff is addressing property-finished grade that could be raised without limit and would raise the height of the structure. Mr. Rumpf explained that FEMA sets the minimum finished floor elevations. In summary the changes being proposed are (1) the word "STRUCTURE" is being added to the title; (2) the base measure will be changed from finished grade to adjacent property or FEMA (which means that despite the amount of fill added, and the ultimate finished grade of a parcel, the maximum structure height will more closely correspond and be consistent with adjacent properties); (3) the addition of parapet roofs; (4) requiring design compatibility and describing general eligibility for height exception; and (5) the addition of, and applicability to, buffer and retaining walls. Mr. Ensler inquired how a person would determine if property were above or below FEMA. Mr. Rumpf responded that FEMA maintains flood maps for all areas that would contain the necessary information to determine the elevation. Mr. Ensler inquired if there was a maximum height for parapets. Mr. Rumpf responded that a parapet cannot be greater than 5'. Mr. Ensler pointed out on page 2 under the new definition of Building/Structure Height," the word "may" should be changed to "shall." Motion Mr. Friedland moved to approve the request to amend the Land Development Regulations, Chapter 1, Article II, Definitions "Building Height," to require the base measurement be from an adjacent property or the minimum flood elevation, to change the peak point of measurement for parapet roofs, and to add a reference to the height exception process, including the changing of the word "may" to "shall" as discussed by Mr. Ensler. Motion seconded by Mr. Hay and unanimously carried. 9. Other- None 10. Comments - None 23 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 27,2003 10. Adjournment There being no further business, the meeting properly adjourned at 9:30 p.m. Respectfully submitted, Barbara M. Madden (May 28,2003) 24