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Minutes 07-27-04HiNUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMHiSSiON CHAHBERS~ CTrY HALL~ BOYTON BEACH, FLORZDA~ ON TUESDAY, 3ULY 27, 2004 AT 6:30 P.M. Present Lee Wische, Chair Sergio Casaine, Vice Chair William Cwynar Hike Friedland Woodrow Hay .lose Rodriguez Roger G. Saberson David Tolces, Assistant City Attorney Dick Hudson, Senior Planner Eric .lohnson, Planner Hike Fitzpatrick, Voting Alternate (participated from the audience) i. Call to Order and Pledge of Allegiance Chair Wische called the meeting to order at 6:32 p.m. The Pledge of Allegiance to the Flag was recited, led by Vice Chair Casaine. Chair Wische congratulated Hr. Friedland on being moved up from Alternate to Regular status. II. introduction to the Board Chair Wische introduced the Board members, Assistant City Attorney Tolces, and City staff. III. Agenda Approval There were no additions, deletions, or changes to the Agenda. Motion Hr. Hay moved to approve the agenda as presented. that carried 7-0. Hr. Cwynar seconded the motion IV. Minutes Approval Hike Fitzpatrick, Alternate~ stated that in the ~lune 22, 2004 minutes on pages 9 and 11, there were roll call votes that he had requested, and they were shown as passing 6-1, with Hr. Fitzpatrick dissenting. He wished to have the record reflect the persons who had voted in favor of those motions and not the dissenting vote. He also wished to make a correction to page 18, in the next to last paragraph. He believed that Meeting Minutes Planning and Development Board Boynton Beach, Florida July 27, 2004 he had actually said, "The Boynton Beach City Commission had approved 5,000 multi- family units over the last five years and this was much more than any other municipality in South County." MoUon Mr. Hay moved to approve the .lune 22, 2004 minutes as amended by Mr. Fitzpatrick. Mr. Cwynar seconded the motion that carried 7-0. The Board then considered approval of the June 30, 2004 workshop minutes. Motion Mr. Friedland moved to approve the seconded the motion that carried 7-0. minutes as presented. Vice Chair Casaine V. Communications and Announcements A. Planning and Zoning Report Final disposition of the June 22, 2004 Planning and Development Board meeting Agenda items. Dick Hudson offered the following update: The Large Scale Comp Plan amendments, including Boynton Town Center, the Text Amendment for Suburban Mixed Use, and Boynton Village were approved on July 20, 2004 for transmittal to the Florida Department of Community Affairs. They would be there for approximately 60 days and tentative adoption would be some time in late November. The New Haitian Alliance Church time extension and Boynton Commerce Center were both approved on July 6. Traffic Performance Standards In response to a request from the Board, Mr. Hudson had distributed information on Traffic Performance Standards to the Board at a recent workshop. Following that, .left Livergood, Public Works Director, prepared another report on that topic which Mr. Hudson distributed to the Board at this meeting. Commission Workshop on EAR A date for this workshop should be set on Friday, July 30, 2004. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 27, 2004 VI:. Old Business (None) Assistant City Attorney Tolces swore in all the persons who expected to testify during the proceedings. VII, New Business A. Conditional Use Project: Agent: Owner: Location: Description: Boynton Beach Memorial Chapel (COUS 04-OO3) Richard Wensing, Richard Wensing Architects & Planners Stormet Norem Boynton Beach Chapel, Ltd. 800 West Boynton Beach Boulevard Request conditional use/major site plan modification approval for a 773 square foot building addition to an existing funeral home on a 1.21-acre parcel in a C-2 zoning district. Stormet C. Norem, 5720 Old Ocean Boulevard, Ocean Ridge, identified himself as the owner of Boynton Beach Memorial Chapel. Chair Wische stated that staff recommended approval of this item. He asked Mr. Norem if he agreed with the 1! staff conditions of approval. Mr. Norem agreed with all of the comments but needed clarification on #5 regarding having signature trees on each side of each ingress and egress to the property. He thought there was supposed to be one tree at each point. Eric Johnson, Planner, responded that one tree was required on either side of all driveway openings. ]:f the landscape plan did not show the signature trees, they would have to be provided at the time of permitting. Mr. Norem agreed with the condition. Chair W/sche opened the floor for pub/ic comment, and dosed it when no one came forward to speak. Motion Mr. Friedland moved to grant the request for conditional use/major site plan modification approval for a 773 square foot building addition to an existing funeral home on a 1.21oacre parcel in a C-2 zoning district. Mr. Cwynar seconded the motion that carried 7-0. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida .]uly 27, 2004 Assistant City Attorney Tolces asked if the motion included all staff conditions of approval, and Mr. Friedland and Mr. Cwynar agreed to include that in the motion. A. Conditional Use (cont'd.) 2. Pro,iect: Agent: Owner: Location: Description: Renaissance Commons Phase :i:V (COUS 04-004) .lames Comparato & Carl E. Klepper, Jr., Compson & Associates Compson Associates of Boynton ]:]:, LLC 1500 Gateway Boulevard (southeast corner of Gateway Boulevard and Congress Avenue, just north of the Boynton C-16 canal) Request conditional use/new site plan approval for the construction of a six (6)-story 328-unit condominium building (70 feet in height) and 70 townhouse units on an 18.184-acre portion of the 86-acre parcel known as Renaissance Commons. 3im Comparato, Compson Associates, 980 N. Federal Highway, Boca Raton, introduced himself. Chair Wische asked Mr. Comparato if he agreed with all 57 staff conditions of approval. Mr. Comparato stated that he agreed with all 57 conditions of approval. Eric .lohnson, Planner, stated that staff recommended approval of this item, subject to their conditions of approval. The applicant had satisfactorily demonstrated compliance with standards for evaluating the conditional use. Chair Wische opened the floor for pub/lc comment. Mike Fitzpatrick, 175 S.W. 2nd Street, Boynton Beach (Alternate Board Member) mentioned a condo project north of Boynton Beach where the citizens had recently taken the condo builder to court and won. The condo units, which had already been built, were bulldozed. He wondered who had to pay for that. He also mentioned the current lawsuit against the City concerning height limit. That limit was passed by referendum and the City Commission subsequently ignored that. He wanted a 58th condition of approval added as follows: "Tn the event the plaintiff in the height limit referendum lawsuit prevails, the developer agrees to hold harmless, legally and financially, the City of Boynton Beach, the members of the City Commission, and the members of the Planning & Development Advisory Board for any court-ordered modifications.' 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 27, 2004 Attorney Tolces thought the project in question had been in Martin County. The court ordered that an apartment complex be removed when it was found to not be in compliance with the Comprehensive Plan. He did not recall the rest of the details on that issue. Attorney Tolces could not speak about the ongoing litigation. With regard to the condition proposed by Mr. Fitzpatrick that requested the developer to indemnifi/the City in the event there was successful challenge to the City's height limitation issues, Attorney Tolces did not recommend that this Board approve or recommend such a condition. Chair W/sche dosed the pub#c hear~rig when no one e/se came forward to speak. Mr. Cwynar recalled the referendum and believed that the whole Quantum area had been exempted from the height limitation. Chair Wische stated that this would be a legal issue on which he would not give an opinion. He did not believe it fell within the Board's jurisdiction. ]:t was not a court of law. Mr. Hay commented that his calculations had shown that there would actually be 21.98 units per acre in this project versus the 20 units per acre allowed in Suburban Mixed Use areas. He asked if that would be a problem. Mr. Johnson stated it was not a problem because a review of the entire project showed compliance, even though this project was slightly over in density. Mr. Rodriguez wanted assurance that the 70-foot height planned for this project was not a legal issue. Attorney Tolces was not aware of this height being an issue at this time. However, if the Board found that the application met the standards and conditions for approval, then it was the Board's right to recommend approval, based on what was in effect at this time. Mr. Hay asked for a copy of the FD Design Guide mentioned in ~[tem 15 of the conditions of approval and Mr. Johnson offered to provide it. He also asked for an example of an off-site improvement as mentioned in :Item 7. Mr..~ohnson believed that the Utilities Division had a lift station in mind when they had written that comment. Chair Wische addressed Mr. Hay regarding his comment on ~[tem 7, saying that the final sentence clarified that the developer had funded a study of the issue and staff's final approval would be delayed until the completion of that study. The study related to a re- evaluation of the City's utilities master plan in order to evaluate the adequacy of the service main network in the area. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 27, 2004 Motion Mr. Hay moved to approve the request for conditional use/new site plan approval for the construction of a six (6)-story 328-unit condominium building (70 feet in height) and 70 townhouse units and on an 18.184-acre portion of the 86-acre parcel known as Renaissance Commons, subject to all staff comments. Vice Chair Casaine seconded the motion that passed 7-0. Project: Agent: Owner: Location: Description: Renaissance Commons Phase V (COUS 04-05) Stephen Liller, Town & Country Builders, :[nc. Compson Associates of Boynton, LLC :L500 Gateway Boulevard (southeast corner of Gateway Boulevard and Congress Avenue, just north of the Boynton C]-16 canal.) Request conditional use/new site plan approval for the construction of two six (6)ostory condominium buildings (75 feet in height) for a total of 447 dwelling units on an 8-.538-acre portion of the 86-acre parcel known as Renaissance Commons. Steve Lawlor, Town & Country Builders, 1275 Gateway Boulevard, Boynton Beach, came to the podium and stated that they were in agreement with all 49 staff conditions of approval. Chair Wische stated that staff had recommended approval of this item, subject to all staff conditions of approval. Chair Wische opened the floor to public comment, closing it when no one wished to speak. Mr. Saberson confirmed with Mr. Johnson that this project was on a property that had been or still was a DR]:. He asked if the developer had filed a Notice of Proposed Change under Chapter 380 to be considered by the City and if so, had the City considered it and found that there was no substantial deviation. Mr. Johnson responded affirmatively. Motion Mr. Hay moved to approve the request for conditional use/new site plan approval for the construction of two six (6)-story condominium buildings (75 feet in height) for a total of 47 dwelling units on an 8.538-acre portion of the 86-acre parcel known as Renaissance Commons, subject to all staff conditions of approval. Mr. Friedland seconded the motion that passed 7-0. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 27, 2004 B. Abandonment Project: Agent: Owner: Location: Description: Boynton Lakes (ABAN 04-006) Kristen Conti/]eannie Heavilin Sara L. Valashinas 3 Boswell Place Request for abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No. 2. Mr. Saberson announced his intention to abstain from voting on this item since it pertained to his daughter. A copy of his formal abstention is attached to the record. 3eanne Heavilin, agent for applicant, Sailfish Realty, 532 E, Ocean Avenue, Boynton Beach, offered to answer questions. Chair Wische noted that staff had recommended approval of this with no conditions of approval. Maxime DucosteoAmedee, Planner, stated that this was an action to rectify a situation where a screened porch was built with permits in 1994 encroaching in a 6.5-foot utility easement. The abandonment of the western 2.3 feet would resolve the porch encroachment and the porch would comply with the 3.5-foot rear setback. Staff's recommendation was based on its finding that the utility easement served no public purpose. Chair W/sche opened the pub/it hearing and dosed/t when no one came forward to speak, Mr. Saberson noted that the cable company and BellSouth had wires there, but they had both been contacted and both submitted letters of no objection. Notion Mr. Friedland moved to approve the request for abandonment of a portion of a utility easement located on Lot 3 of Block 26 Boynton Lakes Plat No. 2. Mr. Hay seconded the motion that carried 6-0, Mr. Saberson abstaining. C. Use Approval Project: Agent: Location: Boynton Commerce Center Lot 3B (USAP 04-004) 3oni Brinkman, AiCP/Winston Lee & Associates, inc. South of Woolbright Road on Corporate Drive 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 27, 2004 Description: Request Use Approval for air-conditioning installation and repair business with associated truck parking on Lot 3B only. Chair Wische noted that staff had recommended approval of this request, subject to two conditions of approval. 3oni Brinkman, Winston Lee & Associates, 1532 Old Okeechobee Road, West Palm Beach, introduced herself and offered to answer questions. Chair Wische asked if the applicant agreed with both staff comments. Ms. Brinkman asked that Condition #1 be deleted since the applicant had already submitted documentation in fulfillment of that condition. Eric Johnson, Planner, agreed to delete Condition #1. Chair Wische opened the floor for public comments, and closed it when no one came forward to speak. Motion Mr. Hay moved to approve the request for Use approval for air-conditioning and repair business with associated truck parking on 3B only, removing Condition of Approval #1, and subject to the remaining condition. Mr. Cwynar seconded the motion. Mr..]ohnson asked to read into the record what the City would want to see in order for this to be a permitted use. ]:n reference to Condition of Approval #2, which was now Condition of Approval # 1, "Offices for contractors (work shops, outside storage, and truck parking) will be permitted; however, overs/zed vehicles and/or associated equipment for contractors are spec/fica//? prohibited from parking w/thin the confines of the standard parking stalls." The motion passed 7-0. D. Code Review Project: Agent: Description: Non-residential uses in single-family zoning district (CORV 04-008) City-initiated Request to amend Chapter 2, Zoning, Section ]:1~, with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida 3uly 27, 2004 use requirements for non-residential uses proposed within single-family zoning districts. Dick Hudson, Sr. Planner, presented the City's case. For a number of years, the City allowed certain non-residential uses such as schools and churches in single-family zoning districts, believing that they were benign, neighborhood-type uses. in 1999 the City was petitioned to allow day care centers and nursery schools in single-family zoning districts. On re-examination, the City decided that schools, churches, and day care centers might not be strictly neighborhood uses and might bring people in from outside the neighborhood and potentially disturb the residential neighbors. So, staff established some additional criteria for churches, schools, and day care centers in single-family zoning districts. Staff believed that such uses should be restricted to I acre or greater parcels and be located on state and county arterials and county collectors, meet a minimum frontage standard of 150 feet, and include a minimum 10-foot buffer width and "barrier" landscaping along parking areas to screen them from adjacent residential properties. Staff also recommended that churches and schools within single-family zoning districts be allowed by right when fronting arterial roadways and be treated as conditional uses when fronting collectors or lesser roads. Staff also added some criteria for the parking lots that surrounded these uses. They wanted to make sure that the neighbors who were home when the uses were in operation were protected from excess noise. They were also adding a buffering requirement to nursery school playgrounds for the same reason. Making these changes to the Code would assure notification of the residents when one of these uses planned to locate in their neighborhoods and they could come out and speak about it. Staff Comments: Vice Chair Casaine asked how this would affect any of the construction plans that were in existence today. Mr. Hudson said it did not affect them and they would become non- conforming uses if they did not meet the criteria. Vice Chair Casaine confirmed that the new regulations would cover any plans presented from the date of this change onward. Mr. Hudson commented that there had been some discussion about exempting the existing facilities. Mr. Hay asked when it would go into effect, and Mr. Hudson replied that it would go into effect after the second reading of the ordinance. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida .]uly 27, 2004 Mr. Hudson stated that right now, there was a Notice of Intent on these uses and they were asking that this be extended for one month so that they could go through the ordinance reading process. Mr. Hay did not have a problem with it, but he wanted to know what else it included. Mr. Hudson said that the main uses were the nursery schools, the day care centers, churches, and schools. The only other non-residential use that was allowed in a non- residential neighborhood would be a utility or a City use. Mr. Saberson said that this action would remove conditional use approval if a facility were located on an arterial road. He wondered if the City really wanted to give up its right of review and approval for these uses even on an arterial road. A school or day care center on an arterial road might abut a single-family residential district and that residential district might need as much protection as the same district having one of these uses within a neighborhood. Mr. Hudson responded that the additional requirements for buffering and minimum parcel size would apply on all the uses, regardless of where they were located. Mr. Saberson asked if there were some reason the City wanted to remove those uses from the Conditional Use category. Had there been a problem with that? Mr. Hudson said there had not been a problem. Mr. Saberson noted that the church that received approval to go into a single-family residential zoning district had been a Conditional Use and it was still approved, in spite of the adverse impacts that resulted from it. Mr. Hudson said that was true, but that road would not have qualified since it was not on the roadway classification map. It was a neighborhood street. Mr. Saberson verified that the proposed changes would prohibit nursery schools, day care centers, churches, and schools from operating on anything other than an arterial road or collector road. Mr. Hudson said that is why they said "arterial by right," and collector or anything else would be a Conditional Use. Motion Mr. Saberson moved to approve the request to amend Chapter 2, Zoning, Section II with the addition of supplemental regulations to establish location, minimum lot area and frontage, landscaping and conditional use requirements for non-residential uses proposed within single-family zoning districts with the modification that these types of uses, even though located on arterial roads, be subject to the Conditional Use process. Mr. Hay seconded the motion. Chair Wische opened the floor for public comment. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida July 27, 2004 Klm McGow, 945 LeGrace Circle, Boynton Beach, asked if a Conditional Use could be approved on a neighborhood road. Mr. Hudson responded that it could not. Ms. McGow asked that the Board grant this approval. She lived in a neighborhood in which there was an open parcel and they were concerned about the kinds of uses that could be located on it. Chair Wische closed the floor public comment when no one else came forward. The motion passed 7-0. VIII. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 7:15 p.m. Respectfully submitted, Susan Collins Recording Secretary (072904) 11