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Minutes 07-22-03MINUTES OF THE REGULAR PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JULY 22, 2003 AT 6:30 P.M. Present Lee Wische, Chairman William Cwynar, Vice Chair Jennifer Butler (arrived at 6:40 p.m.) Sergio Casaine (arrived at 6:45 p.m.) Mike Friedland Steve Myott Bob Ensler, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Dick Hudson, Senior Planner Eric Johnson, Planner Maxime Ducoste-Amedee, Planner Ed Breese, Planner Dave Kelly, City Engineer Absent Woodrow Hay Mike Fitzpatrick, Alternate Pledge of Allegiance Chairman Wische called the meeting to order at 6:35 p.m. members in the Pledge of Allegiance to the Flag. Mr. Friedland led 2. Introduction of the Board Chairman Wische introduced the Board members, Assistant City Attorney Tolces, and the Recording Secretary. Attorney Tolces administered the oath to all persons who would be testifying. 3. Agenda Approval Motion Vice Chair Cwynar moved that Item E.2, under New Business, be heard with Items 6. A. 1 and 6.B.1 under Old Business (Serrano at Boynton) and that they be voted upon separately. Motion seconded by Mr. Friedland and unanimously carried. Motion Vice Chair Cwynar moved that Items B. 1, B.2, B.3, B.4, C.1 and E.1 under New Business (Boynton Commerce Center) be combined and that they be voted upon separately. Motion seconded by Mr. Myott and unanimously carried. Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Motion Vice Chair Cwynar moved to approve the agenda, as amended. Motion seconded by Mr. Myott and unanimously carried. 4. Approval of Minutes - June 24, 2003 Mr. Ensler referred to page 7, third paragraph, that states, "that project will be a traditional area where the streets are open" and further says, "that none of the roads would be dedicated." Mr. Ensler asked staff if this statement was correct. Vice Chair Cwynar recalled when they were discussing this, it was said that they would maintain all common areas. Mr. Friedland also thought that there would be no dedication of the roads and that it would be an open area. Mr. Ensler requested that Mr. Rumpf determine whether the streets would be dedicated and that the minutes be corrected accordingly. (Ms. Butler arrived at 6:40 p.m.) Motion Vice Chair Cwynar moved that the minutes be approved, subject to clarification of the dedicated streets in Renaissance Commons. Motion seconded by Mr. Friedland and unanimously carried. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the June 24, 2003 Planning and Development Board Meeting Agenda Items. Mr. Rumpf, Planning and Zoning Director, reported that the following items heard by the City Commission at the July 15, 2003 meeting were approved, noting that the July 1st meeting was cancelled: 2. 3. 4. 5. The Ed Carey Design major site plan modification. Renaissance Commons new site plan. Seacrest Medical Tower conditional use/height exception. The Villas of Quantum Lakes Phase III Abandonment. The first reading of the Ordinance for the abandonment on North. Federal Highway, east side, between lots 24, 25, and 26, Block 4, Lake Addition to Boynton. Mr. Rumpf announced that the annual Florida Chapter of the American Planning Association Conference will be held on September 3fa through the 6th at the Breakers Hotel in Palm Beach. He noted that there are special workshops for elected officials 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 at the Conference and distributed information that would be of interest to the members and recommended that they attend. Mr. Rumpf introduced Ed Breese the new Planner for the City, who has several years of planning experience with the City of Lake Worth. (Mr. Casaine arrived at 6:45 p.m.) 6. Old Business. A. Annexation Project: Agent: Owner: Location: Description: Serrano at Boynton (ANNEX 03-001) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to annex a ±9.74 acre parcel for the purpose of pursuing development within City of Boynton Beach. Julian Bryan, Planning Consultant, 1700 Arcadia Way, Boca Raton, requested that staff give their presentation first. Dick Hudson, Senior Planner presented the item on behalf of staff. The applicant is requesting to annex the property and reclassify it from the County designation of MR-5 (medium density residential) to the City designation of Iow density residential and to rezone from AR-Agricultural Residential (County) to PUD (City). The project will be located on 9.75 acres. The proposed land use is 5.84 dua/ac and is the lowest land use in the City. The proposed use will be for 47 zero lot line, singe-family homes. Mr. Hudson presented the adjacent uses. Because the property is less than 10 acres, the proposed amendment is considered small scale and is adopted by the City before it is sent to DCA for their review. State Annexation Law allows the annexation of enclaves less than 10 acres without the consent of property owners. The subject property is a portion of an enclave that totals 15 acres and in this instance the property owner has requested annexation. The annexation is consistent with City policies to annex enclaves of less than 10 acres that meet adopted level-of-service standards. Staff is not required to review the petition against the eight criteria for land-use amendments and rezoning when it is consistent with the City's Comprehensive Plan. Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate the proposed amendment. Further, the City's Director of Public Works has determined that no improvements will be necessitated to Palmland Drive as a result of the proposed development. There is adequate capacity for solid waste and the School District has 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 reviewed the application and determined that adequate capacity exists to accommodate the resident population. Mr. Hudson noted that drainage will be reviewed in detail as part of the review of the conditional use application and must satisfy all requirements of the City and local drainage authorities, including South Florida Water Management District (SFWMD). Further staff has concluded that approval of the development will contribute to the overall economic development of the City and therefore is recommending approval of the annexation, land use amendment and the rezoning. Rezoning to PUD is contingent upon approval of the site plan. Mr. Hudson distributed comments received today from the Village of Golf that pertain to the site plan. Mr. Bryan asked the Board if they wanted to consider the site plan at this time because most of his comments relate to the site plan, as well as the letter from the Village of Golf and a property owner that adjoins their property to the north. Attorney Tolces responded that it is up to the Board how they want to address the items and if they want to allow the public to address the three items individually. Motion Mr. Myott moved that the Board hear all the presentations of all the agenda items, then consider and vote upon each item upon completion of that presentation. Motion seconded by Ms. Butler. Mr. Friedland said that he was opposed to the motion and would like to deal with the items separately. Vote Motion carried 5-2 (Messrs. Friedland and Casaine dissenting.) Chairman Wische opened the public hearing on the annexation. Since no one wished to speak on the annexation, Chairman Wische closed the public hearing. B. Land Use Plan Amendment/Rezoninq Project: Agent: Owner: Location: Description: Serrano at Boynton (LUAR 03-005) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Approximately one-quarter mile west of Congress Avenue, north of the L-28 Canal, south of Golf Road Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre; and Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Development (PUD) in preparation for the site planning for 47-single family, zero-lot line homes. Neither staff nor the agent had any comments on this item. Chairman Wische opened the public hearing for the land use amendment and rezoning. Roger Saberson, 2740 Cranbrook Drive, Silverlake Subdivision stated that his property directly abuts the project from his south boundary line. Mr. Saberson presented the Board with a handout, a copy of which is on file in the City Clerk's Office. Mr. Saberson said that he had some conditions that he would like to have included in the rezoning to a PUD. Chairman Wische pointed out that Mr. Saberson was not allowing the Board enough time to review the material that he presented. Mr. Saberson responded that he just prepared the handout after a meeting with the Public Works Director and City Engineer this afternoon. Mr. Myott requested that Mr. Saberson speak once regarding all his issues. Mr. Saberson said he would wait until the site plan is addressed, but he would to still like to be able to request that certain conditions be added to the PUD zoning. Chairman Wische agreed with this. E. New Site Plan (moved up on the agenda) Project: Agent: Owner: Location: Description: Serrano Beach (NWSP 03-010) Chip Bryan, Julian Bryan & Associates, Inc. Beth Peschl Quarter mile west of Congress Avenue, south of Golf Road Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74-acre site in a proposed PUD. Staff had no comments and the Board waived a presentation by staff. Chairman Wische noted that there were 37 staff comments and asked Mr. Bryan which comments he did not agree with or needed clarification. Mr. Bryan agreed with all staff comments, with the exception of the comment regarding traffic, (comment #25). Mr. Bryan said that they have not yet received a confirmation from Palm Beach County Traffic regarding concurrency. He pointed out that they had received approval when they first appeared before the Board for 98 units. That approval was for a generation rate of seven trips per dwelling unit per day. Since there are only now going to be 47 units, the trips per day would be greatly reduced. Chairman Wische read comment #25 into the record that stated the Traffic Equivalency Statement must be approved prior to the issuance of a building permit and Mr. Bryan agreed with this. Mr. Bryan requested an opportunity to address any comments made by the public. Mr. Ensler had some questions that he requested the applicant comment upon. The first one dealt with the northern border for lots 17 through 20 that the setback would be at least Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 25' and Mr. Bryan confirmed that this was correct. Mr. Ensler noted that staff objected to a solid screened-roof enclosure encroaching into the minimum setback and he asked if this applied to all the homes. Mr. Bryan stated that this was a correct statement and this did apply to all the homes. Mr. Ensler requested that this be added to the conditions of approval. The last item Mr. Ensler noted was that staff requested that the screen enclosure be limited to the mean height and Mr. Bryan stated that they were also agreeable with this. Chairman Wische opened the public hearing. Mr. Saberson requested that staff display the location map on the overhead screen and he pointed out the location of his property in proximity to the proposed development. Mr. Saberson requested that the location of the lift station be pointed out. He stated that the lift station is 10' from the Silverlake boundary and requested that the lift station be relocated more interior in the development. He felt that the lift station created a negative influence upon his property, thereby decreasing its value, as well as the value of his neighbors' properties. He thought that any odors that emanated from the lift station would blow directly onto his property. He reported that he met with the City Engineer and the Public Works Director this afternoon to determine that if the lift station were relocated it would not be a problem from an engineering standpoint and to ensure that the lift station complied with City requirements. He said that the Public Works Director informed him that the lift station could be located anywhere on the site and it would still function properly. He requested that a condition of approval of the PUD rezoning be that the lift station is relocated to the southern portion of the PUD. Mr. Saberson had great concerns regarding the drainage. He felt that because the elevation of the PUD was higher than the Silverlake elevations this could result in flooding of Silverlake. Mr. Saberson requested that condition #2 dealing with drainage and stormwater management be made a condition of approval. Mr. Saberson further requested that the developer install a 6' retaining wall along the entire northern boundary of the site. He also was requesting that the City Engineer certify that in the event of "a 100 year flood" the adjoining property in Silverlake would not flood. His final condition, along with the Silverlake Board of Directors, was that the homes be limited to one-story only. Also, he reported that the Board of Directors voted that the lift station not be located on the adjoining boundary with Silverlake. David Kelly, City Engineer stated that he and Jeffrey Livergood, the Public Works Director, met with Mr. Saberson this afternoon and that he would be addressing Mr. Saberson's requests. With regard to the location of the lift station, engineering design practices permit lift stations to be developed anywhere on the property and it is the City's responsibility is to ensure that the design characteristics of the lift station are compatible with the other utility systems that serve the City. He referred to one of the conditions of approval that he requested that requires the design engineer to ensure compatibility with the lift station serving the elementary school in front of the development. Further, Mr. Kelly said that once the City takes over the lift station, they would like to be able to maintain the lift station as minimally as possible, which is the reason the lift station was 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 placed where it is so that it could connect to the next collection point, which is the school to the east. Mr. Kelly said he had informed Mr. Saberson that it is a requirement of the City that the developer had to obtain a SFWMD permit and that certain rules, regulations and design criteria must be followed. These are (1) the roads must be able to withstand a 25-year, 24- hour storm; (2) the house pad elevations are set at a 100 year storm elevation; and (3) the water contained on the property would accommodate a 50-year, three-day storm. Mr. Kelly felt that the lake in the middle of the development had a great deal of storage capacity. With regard to placing a wall along the property lines of the development, Mr. Kelly had no objections to this request. However, it is up to the design engineer to determine what is required for the property to contain the stormwater runoff. It is the responsibility of the design engineer to ensure that the development does not impede any stormwater onto any adjacent development, including the school and the undeveloped five acres in the northwest corner. Mr. Kelly felt that all these issues have been addressed. Mr. Myott thought that the worries of the Silverlake residents were unfounded unless and until the L-28 canal fills up and the entire western portion of Congress Avenue becomes flooded. Mr. Kelly stated that during the SFWMD review and approval process, all these items will be addressed and the City has these same requirements. Mr. Kelly also did not think that it was reasonable to ask the project engineer to certify that a "100-year storm event" would not flood Silverlake. Mr. Kelly did not think that any engineer would make this certification. Carrie Hill, City Manager for the Village of Golf, 21 Country Road, Village of Golf had two issues that she would like the Board to consider as conditions of approval. Ms. Hill noted that the site plan calls for a 10' landscape buffer and a 10' building setback along the west property line that adjoins the Village of Golf. The Village of Golf's property abuts all of the 13 lots on the west side and in accordance with City Code, the PUD regulations require that the perimeter buffers and setbacks within the PUD mirror adjacent developments. She noted that the setback for the Village of Golf is 25' and she requested that the total setback be 25' that would include the 10' landscape buffer and the 15' building setback, which is the same condition for Silverlake. Ms. Hill stated that she was not contacted by staff or the developer to determine their setbacks. Mr. Johnson stated that staff felt that the proposed setbacks were compatible for the City property and the Village of Golf was not included. Ms. Hill reported that the City's Comprehensive Plan requires the City to consider the comments from adjacent municipalities regarding annexation. She felt that the project has come a long way compared to the original project and would be an improvement to the City. Ms. Hill also requested that about half of the lots be restricted to single-story. The owner of the two adjacent vacant parcels has submitted a site plan to the Village of Golf for development and he was restricted to single-story units on the entire six-acre parcel. Further, Ms. Hill would like assurances that the streetlights would not shine directly into other houses. Lastly, she requested that the PUD contain a condition that the property owners would not be allowed to remove the trees that would be placed in the landscape buffer. Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Mr. Johnson stated that staff would not object to any of those conditions. With regard to the street lighting, this is addressed during the permitting process. With regard to the maintenance of the trees, staff feels that there should be some stipulation that the trees never be cut down or removed. Staff would like to see more trees added, but this would have to be addressed by the applicant. Mr. Bryan responded to Ms. Hill's comments. He stated that he had no problem with the trees not being removed and this would be included in the HOA documents to assure that the trees are not removed in the buffer zones. Derle Bailey, 2600 Country Lake Trail, Boynton Beach pointed out that the property to the north is not undeveloped. He stated that the property has been developed for several years and he lives on the south end of the property and he has a tree farm on it. He has a one- acre pond in the middle and has a driveway that enters his property from Palmland Drive, along the west property line. He is concerned about access to his property because he has a deeded easement for egress and ingress. He said that he spoke with the developer and he would like it a condition of approval that access to his property be resolved between himself and the developer before the site plan is approved. Mr. Johnson noted that this is addressed in staff condition of approval #1 and any rededication of any easements or abandonment of any easements would have to be approved prior to the issuance of a building permit. Andrew Dodge, 2738 Cranbrook Drive, Silverlake Estates stated that the lift station would be located directly south of his property. He said that he spoke to several engineers that informed him that there may or may not be an odor and that there are approximately 168 lift stations in the City. Some of the older ones did have an odor, whereas the newer ones did not. Mr. Dodge would like to have the lift station placed further south in the development. Mr. Dodge would also like the homes that buffer Silverlake to be only one-story. Joseph Baldwin, 1746 Palmland Drive, Boynton Beach, lives in Chanteclair Villas that is located south of the development. Mr. Baldwin would like the developer to be required to maintain the grassy area, east of the bridge, instead of the Lake Worth Drainage District, since they do not maintain their property very well. With regard to the chain link fence in back of the property, Mr. Baldwin requested that it be placed between the trees and the hedge and that the hedges be permitted to grow tall to cover the fence. He also requested that Palmland Drive be striped so that the lanes would be defined. Chairman Wische closed the public hearing. Mr. Bryan addressed the comments made as follows: With regard to maintenance of the canal, they would normally be involved in the maintenance of the canal and the HOA would maintain the north side from the water's edge to the property line. They would also put in irrigation and Mr. Bryan suggested that the Chanteclair HOA sit down with them to discuss their maintaining the south half of the canal. (2) They cannot build one-story homes only because of the costs and the market conditions. The homes will contain between 1,800 square feet to 3,000 square feet 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 and will sell between the Iow $200,000 to the Iow $300,000. Mr. Bryan felt that their homes would be comparable with the homes in the neighborhood, but they would not agree to being restricted to one-story homes. (3) With regard to the Village of Golf's comments, the western-most streetlights would be approximately 130' from the property line and there will be no spillage. (4) With regard to the setbacks requested by the Village of Golf, the homes in the Village of Golf that are closest to their project face the west; therefore, there actually is no rear yard setback. There would be buffer landscaping and a roadway separating their property from the Village of Golf. They would be amenable to sitting down with representatives of the Village of Golf to see if they could provide the additional five feet that they requested. (5) With regard to only having single-story homes adjacent to the Silverlake properties, he pointed out that two-story buildings would have more than a 25' setback and would probably be closer to 30'. Also, in that particular area, they would be willing to double the amount of canopy trees in the landscape buffer. (6) They want to be good neighbors and they will be working out an agreement with Mr. Bailey so that he would have access to his property. (7) The City Engineer addressed the drainage issue thoroughly. They are prepared to comply with all City regulations and those of the SFWMD regulations. (8) With regard to the lift station, this is the shortest run and most appropriate location for the lift station. The lift station that will be installed will be top-of-the line and there will be no odor. Mr. Ensler inquired about the chain link fence around the property and Mr. Bryan stated that there are pieces of fences in various states of repair in portions of the west, east and north sides. The east fence behind the school is the newest. They will be repairing or replacing all the fences as necessary, so that there would be fences on all four sides of the property. Mr. Bryan agreed to place the fence that will be adjacent to the canal along the northerly edge in the 10' landscape buffer. The other fences will be placed in the perimeter of the property with the landscaping on the lot side. Mr. Ensler asked staff if the code required chain link fences between residential areas, and Mr. Johnson said that no fences are required between residential properties. Mr. Friedland complimented the agent, the developer, staff and the City Engineer for bringing forth a great project. Vice Chair Cwynar felt that the project was a major improvement from the previous project. Vice Chair Cwynar did not feel that there would be a problem with stormwater retention and that the developer has provided adequately for this. Mr. Myott inquired if there would be room for the homes to install pools. Mr. Bryan said there was not enough room for pools. Some of the larger, two-story homes may be large enough for a small pool. Mr. Myott inquired why the developer did not provide for a common pool or a similar amenity and are they considering any other types of amenities besides the tot lot. Mr. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Bryan responded that this is still under consideration, but he was not certain if it would be worthwhile for only 47 units. He noted that if they did not provide these amenities, they would still have to pay the City's park impact fees. Mr. Casaine congratulated the developer for working with the community in addressing some of the concerns expressed tonight and he would like these to become conditions of approval. Mr. Casaine asked staff for clarification on the lift station and the plans to ensure that there would be no odor. Mr. Kelly responded that the lift stations built today are more efficient that they used to be. To guaranty that there would never be any odor in the future, he did not think anyone could ever guaranty that. However, most lift stations being designed today are almost odor free, but he could not guaranty what could happen in 15 to 20 years. Mr. Kelly noted that it is the responsibility of the City's utility employees to check every lift station in the City. If any lift station is encountering odor problems, they try to find out the cause. Mr. Casaine asked if the location of the lift station could be moved. Mr. Bryan noted that the project has three homes that are closer to the lift station than the abutting properties in Silverlake. He explained that this location is the best location from a technical design perspective. The lift station could be located elsewhere on the property, but that could create linking problems to the force main. They have concluded that the location of the lift station is the most reasonable and appropriate location and they have just as much as risk as the residents. Ms. Butler asked if the developer could take any other preventative measures to cut down on the odor. Mr. Kelly responded that additional greenery could be placed around the lift station. He stressed, however, that the new lift stations being designed today are very efficient and if the lift station has a good sealed system, there should be no odors. Mr. Bryan responded that they would add an additional hedge around that fence to screen the lift station. Ms. Butler inquired about the ratio of single-stow versus two-story homes. Mr. Bryan felt that the ratio would be somewhere between 80/20 to 90/10, two-story to one-stow. Actually, the one-story homes are starter homes that are loss leaders in the pricing structure. Ms. Butler inquired if the single-stow lots have been identified and Mr. Bryan responded that they have not at this time. Motion Mr. Friedland moved to approve the request to annex a +9.74-acre parcel for the purpose of pursuing development within City of Boynton Beach. Motion seconded by Vice Chair Cwynar and unanimously carried. Motion Mr. Casaine moved to approve the request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Low Density Residential (LDR) at 4.84 units/acre. Motion seconded by Mr. Myott and unanimously carried. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Motion Vice Chair Cwynar moved to approve the request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) in preparation for the site planning for 47-single family, zero-lot line homes. Motion seconded by Mr. Myott and unanimously carried. Motion Mr. Friedland moved to approve the request for a new site plan approval for 47 zero lot line single-family homes and related site improvements on a 9.74-acre site in a proposed PUD, subject to all staff conditions and all amendments contained in the minutes. Motion seconded by Mr. Casaine. Attorney Tolces itemized the specific conditions, in addition to staff's conditions contained in the staff report as follows: 1. The replacement and/or maintenance of the fence surrounding the property. 2. The placement of additional shrubbery around the lift station. 3. Maximizing the rear yard setback along the north and west property boundaries. 4. Irrigating the north side of the canal and will work with the HOA on arranging for landscaping and/or irrigation, subject to Lake Worth Drainage District approval for the south side of the canal. 5. Work to minimize glare and spillage from the street lights located within the development. 6. Double the canopy of trees along the north boundary adjacent to the Silverlake properties. 7. The trees along the west boundary are subject to the HOA documents for the continued maintenance and control of removal. 8. Work with the property owner to the north to provide a replacement easement to the property. 9. Solid roofs on all the properties in the minimum rear setback will not be allowed. 10. The height of the screen enclosures shall be limited to the mean height of the house. Vote The motion carried 7-0. RECESS WAS DECLARED AT 8:25 P.M. THE MEETING RECONVENED AT 8:35 P.M. C. Zoning Code Variance Project: Agent: Location: Description: Davila Variance (ZNCV 03-006) Joseli and Mildred Davila 3616 SE 1 st Street Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.J.1, limiting a fence to a 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 maximum height of six (6) feet within the rear building line to allow a 3-foot variance, and a nine (9) foot high fence. Joseli Davila, 3616 SE 1st Street, Boynton Beach, assumed the podium. Maxime Ducoste of staff had nothing further to add to the staff report. He noted that a retention wall along the northeast boundary was required as a result of a single-family home being constructed. Because the adjacent property drops three feet, it would be impossible to build a 6' high wall and, therefore, staff is recommending approval of the variance. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Myott moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 4.J.1, limiting a fence to a maximum height of six (6) feet within the rear building line to allow a 3-foot variance, and a nine (9) foot high fence. Motion seconded by Ms. Butler and unanimously carried. 7. A. Conditional Use Project: Agent: Owner: Location: Description: Berry Veal (COUS 03-005) Jaime Plana, Architect Berry Veal Corporation 1421 Neptune Drive Request for conditional use approval/major site plan modification for a two-story 5,807 .square foot addition to an existing meat packaging plant in an M-1 zoning district. Jamie Plana, Architect for the applicant, 1053 W 12t' Street, Boca Raton, assumed the podium. Chairman Wische noted that there were 23 staff comments and asked the agent which ones he did not agree with or needed clarification. Mr. Plana said that they agreed with all staff comments. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Motion Mr. Casaine moved to approve the request for conditional use approval/major site plan modification for a two-story 5,807 square foot addition to an existing meat packaging plant in an M-1 zoning district, subject to staff comments. Motion seconded by Mr. Myott and unanimously carried. 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 B. Abandonment Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-005) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of an existing ingress/egress easement Joni Brinkman, from Winston Lee & Associates, 1532 Old Okeechobee Road, West Palm Beach, assumed the podium. Maxime Ducoste, Planner explained that this abandonment was for the south ingress/egress easement between parcels 3B and 3C. The applicant is providing a new 50' wide ingress/egress that was required by the City Engineering Division and staff is recommending approval. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Myott asked where the abandonment was located on the site map. Mr. Kelly explained that the applicant is removing an irregular shaped 65' easement and replacing it with a straight 50' easement. Mr. Kelly explained that the easement had to be shifted because FP&L relocated their poles to the edge of the drainage easement of the E-4 Canal. Motion Vice Chair Cwynar moved to approve the request for an abandonment of an existing ingress/egress easement at Boynton Commerce Center (ABAN 03-005). Motion seconded by Mr. Myott and unanimously carried. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-007) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a Florida Power and Light easement. Chairman Wische noted that staff recommended approval. Mr. Kelly explained that FP&L had an "anchor" easement that came across the road into the property and is no longer applicable. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Motion Vice Chair Cwynar moved to approve the request for an abandonment of a Florida Power and Light easement, Boynton Beach Commerce Center (ABAN 03-007). Motion seconded by Mr. Friedland and unanimously carried. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-008) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of a utility (water) easement. Mr. Ducoste noted that there is an existing fire hydrant located in the easement that will be relocated elsewhere on the site and staff has no comments and is recommending approval. 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 an abandonment of a portion of a utility (water) easement for Boynton Commerce Center (ABAN 03-008). Motion seconded by Mr. Casaine and unanimously carried. 4. Project: Agent: Owner: Location: Description: Boynton Commerce Center (ABAN 03-009) Winston Lee Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for an abandonment of a portion of an existing ingress/egress and utility easement. Motion Vice Chair Cwynar moved to table Item B.2 (ABAN 03-009) to the August 26, 2003 meeting. Motion seconded by Mr. Casaine and unanimously carried. C. Use Approval Project: Agent: Owner: Location: Description: Boynton Commerce Center (USAP 03-002) Joni Brinkman, AICP Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for use approval for various manufacturing type users in the PID. Motion Vice Chair Cwynar moved to table Item C.1 (USAP 03-002) to the August 26, 2003 meeting. Motion seconded by Mr. Casaine and unanimously carried. 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 D. New Site Plan (Moved up on the Agenda) 1. Project: Agent: Owner: Location: Description: Boynton Commerce Center Lot 3B (NWSP 03-009) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for a new site plan approval for a 72,174 square foot light industrial warehouse with ancillary office and retail space in a PID. Ms. Brinkman remained at the podium. Chairman Wische noted that there were 36 staff comments and Ms. Brinkman responded that they agreed with all staff comments. Mr. Johnson noted that staff recommends approval of the site plan, but this is contingent upon approval of all the abandonment requests. Chairman Wische opened up the public hearing. Since no one wished to speak, the public hearing was closed. Motion Vice Chair Cwynar moved to approve the request for new site plan approval for a 72,174- square foot light industrial warehouse with ancillary office and retail space in a PID, known as Boynton Commerce Center, Lot 3B, subject to all staff comments and conditions and specifically to Item #20 with respect to the processing of abandonments and rededication of easements. Motion seconded by Ms. Butler and unanimously carried. Project: Agent: Owner: Location: Description: Quantum Park DRI (USAP 03-003) Joni Brinkman, AICP Bocar Property, Inc. Lot 3 Request for use approval for Athletic and Aerobic Clubs/Specialized Instruction and Automobile and Vehicle Accessories, furnishings and supplies in the Quantum Park PID on lot 3 having use options of "Industrial" and "Office." Joni Brinkman, from Winston Lee & Associates, 1532 Old Okeechobee Road, West Palm Beach, remained at the podium. Chairman Wische noted that there are two staff comments. Mr. Johnson, Planner explained that the applicant is seeking use approval for two different types of uses. The first one is for athletic and aerobic clubs/specialized instruction, that would include gymnastic centers, cheerleading schools, karate schools, yoga centers, pilates centers, dance studios and fitness centers. The second use would be for automobile and vehicle accessories, furnishings and supplies, sales, installation, repair and service, such as car alarms, window tinting, stereo systems and customizations. 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 The site was approved for two buildings and the parking requirements were based upon 23,330 square feet of office area at a rate of one parking space for each 300 square feet and the warehouse would have a parking ratio of one space per 800 square feet. Mr. Johnson pointed out that if the uses that staff is recommending are allowed, condition #2 addresses how the Development Department could monitor the incoming uses. Different uses require more parking than what the building had been approved for. Staff does not like to have this type of monitoring system. This places a burden on staff when an applicant applies for an occupational license or when an interior renovation permit is requested. It is very difficult for staff to monitor this. The applicant is requesting commercial types of uses and it is staff's position not to have industrial land converted to commercial property. Mr. Johnson said that there are already lots in Quantum Park that have the commercial land use option. It would be more beneficial for the applicant to request use approval for a lot that is already approved with the commercial land use option. Staff is not certain what the impact would be on the traffic if all these commercial types of uses were allowed. Therefore, staff is recommending certain types of uses, namely, the installation, repair and service of alarms, stereos and window tinting for automobiles, since these types of uses are more industrial. The gymnastic and karate type uses are high traffic generating types of uses and staff feels that this would be inappropriate at this location. Ms. Brinkman agreed with the wording changes for window tinting, alarms and stereos by staff. With regard to the first request, Ms. Brinkman said that she has met with staff and she understands staff's concerns regarding commercial uses in industrial land use categories. Therefore, the applicant has decided to withdraw a majority of those requests. However, the applicant would like to proceed forward with the gymnastic centers/cheerleading schools. Ms. Brinkman pointed out that lot 3 is close to the area that has been approved for 271 dwelling units and can go up to a maximum of 1,000 dwelling units. The applicant feels that this is a good use for this location because in that size of a development there will be a lot of children living there that could benefit from having these uses near them. She pointed out that in October 2001 there was a text amendment change that allowed this use to be a permitted use in the industrial land use category and this Board and the City Commission approved it. The applicant feels that the request is consistent with the zoning code. Further, they agree to provide all requested information for staff and there will not be an undue burden placed upon staff to track any uses that go into the development. Ms. Brinkman did not think that they would be using too many parking spaces and requested that the Board recommend approval. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Friedland pointed out that Quantum Park is now a multi-use development that consists of schools, restaurants, homes and businesses. He was in favor of allowing these uses in order to allow another business in the Park. Ms. Butler felt that the permitted use for a gymnastic center/cheerleading school would be suitable for the area and that most of the students would more than likely be dropped off by 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 their parents. She felt that this was a great opportunity for the children to learn a skill and she would support the use. Mr. Casaine echoed Ms. Butler's comments. Mr. Myott noted that it was difficult to locate a building that could provide gymnastics and if it could be determined that there would not be a parking problem, he felt the use was suitable. Ms. Brinkman confirmed that they were withdrawing their request for karate schools, yoga centers, pilates centers, dance studios and fitness centers. Mr. Johnson pointed out that staff condition #1 recommends eliminating the athletic and aerobic clubs, specialized instructions, including gymnastic centers, cheerleading schools, karate schools, yoga centers, pilates centers, dance studios and fitness centers, as well as automobile and vehicle accessories, furnishings, customization and sales. Ms. Brinkman pointed out that the use would be limited to installation of stereos, window tinting and alarms and this work will be performed inside the bays. Ms. Brinkman was requesting that gymnastic centers/cheerleading schools be removed from staff comment #1 to allow them to be approved. Mr. Myott asked staff what they would allow as automotive. Mr. Rumpf stated that staff recommends approval of the aspects that are nearest to industrial uses; therefore, staff is recommending installation, repairs and service specifically of three items: alarms, stereos and window tinting. Ms. Brinkman would also like it clarified that sales would be allowed and Mr. Rumpf felt ancillary sales would be permissible. Mr. Rumpf requested that if the Board approved the uses, that the applicant provide the City with a statement from their traffic engineer that this would be equivalent and would not affect the DRI. Ms. Brinkman spoke with their traffic engineer who said that would not be a problem. Mr. Rumpf pointed out that this could set a precedent. Motion Mr. Casaine moved to approve the request for use approval for the installation, repair and service of alarms, stereos and window tinting for automobiles and ancillary sales, and a gymnastic center and cheerleading school. That the representatives of Bocar Property, Inc. present a statement to the effect that the amount of traffic would be consistent with the uses that have previously been approved for this lot in Quantum Park PID on lot 3, having use options of "Industrial" and "Office." Motion seconded by Mr. Ensler and unanimously carried. E. Major Site Plan Modification 1. Project: Agent: Owner: Location: Description: Club Meadows (MSPM 03-005) Bradley Miller, Miller Land Planning Consultants, Inc. LPC Club Meadows, L.P. 100 Meadows Circle, Meadows PUD Request for major site pan modification approval for the replacement of an existing clubhouse within the Club Meadows Apartments with a new 3,055 square foot clubhouse. 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Bradley Miller, of Miller Land Planning Consultants, Inc., was representing Lincoln Property Company, the new owner of the project. Chairman Wische pointed out that there were 17 staff comments. Mr. Miller stated that they agreed with all staff comments and wished to address comment #12 that dealt with the handicap accessibility items. They are proposing to place a concrete boardwalk that would extend out to the existing lake and if this requirement changes the entire boardwalk and makes it unattractive, they would prefer not to be required to do this. This would like to keep the boardwalk as more of a natural type boardwalk. Mr. Breese, Planner felt that this would be acceptable and if they chose to remove it, it would be okay with staff. Vice Chair Cwynar suggested eliminating the boardwalk. Mr. Breese added that the applicant wanted to keep the boardwalk provided that it meets ADA requirements. This can be addressed at permitting and Mr. Miller agreed with this. Chairman Wische opened the public hearing. Since no one wished to speak, the public hearing was closed. Mr. Ensler asked if the project met ADA requirements from the parking lot to the building. Mr. Miller stated that they will meet ADA requirements and the ramps will be designed to accommodate the ADA requirements. Mr. Myott asked if the new owners would be making additional improvements to the property. Mr. Miller stated that this was the first step to improving the property into a nicer apartment facility. Motion Vice Chair Cwynar moved to approve the request for major site plan modification approval for the replacement of an existing clubhouse within the Club Meadows Apartments with a new 3,055 square foot clubhouse, subject to staff comments. Motion seconded by Mr. Casaine and unanimously carried. F. New Site Plan 1. Project: Agent: Owner: Location: Description: Boynton Commerce Center Lot 3B (NWSP 03-009) (previously addressed) Winston Lee, Winston Lee & Associates, Inc. Nayrot Realty, Inc. Southwest corner of 1-95 and Woolbright Road Request for a new site plan approval for a 72,174 square foot light industrial warehouse with ancillary office and retail space in a PID. Project: Agent: Owner: Location: Serrano Beach (NWSP 03-010) (previously addressed) Chip Bryan, Julian Bryan & associates, Inc. Beth Peschl Quarter mile west of Congress Avenue, south of Golf Road 18 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 22, 2003 Description: Request for a new site plan approval for 47 zero lot line single family homes and related site improvements on a 9.74 acre site in a proposed PUD. 8. Other 9. Comments by Members 10. Adjournment. There being no further business, the meeting properly adjourned at 9:25 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (July 23, 2003) 19