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Minutes 11-23-04MZNUTES OF THE REGULAR MEETTNG OF THE PLANNTNG AND DEVELOPMENT BOARD HELD IN COMMTSSTON CHAMBERS~ CTTY HALL, BOYNTON BEACH~ FLOP~DA~ ON TUESDAY~ NOVEMBER 23~ 2004 AT 6:30 P.M. Present Lee Wische, Chair William Cwynar Shirley `laskiewicz .lose Rodriguez Roger G. Saberson Gerald Broening, Alternate Mike Fitzpatrick, Alternate Absent Sergio Casaine, Vice Chair Woodrow Hay I. Call to Order and Pledge of Allegiance Chair Wische called the meeting to order at 6:35 p.m. Flag was recited, led by Mr. Cwynar. Introduction of the Board David Tolces, Assistant City Attorney Ed Breese, Principal Planner Eric .lohnson, Planner The Pledge of Allegiance to the There were no changes, additions, or deletions to the Agenda. Motion Mr. Cwynar moved to approve the agenda as presented. motion that passed 7-0. Ms. `laskiewicz seconded the IV. Minutes Approval Motion Mr. Cwynar moved to approve the minutes of October 26, 2004 as presented. Rodriguez seconded the motion that passed 7-0. Mr. III. Agenda Approval Chair Wische introduced the Board members and Assistant City Attorney Tolces. Meeting Minutes Planning and Development Board Boynton Beach, Florida November 23, 2004 V. Communications & Announcements Attorney Tolces administered the oath to all the persons who expected to testify during the proceedings. A. Planning and Zoning Report 1. Final disposition of the October 26, 2004 Planning and Development Board meeting agenda items. Mike Rumpf, Director of Planning & Zoning, gave the following update of action taken by the City Commission at its November 3, 2004 meeting: 1) Berry Veal site plan time extension, an expansion of their existing project, was approved. 2) Serrano Beach site plan time extension, townhome project 1/4 mile west of Congress Avenue and south of Golf Road, was approved. VT. Old Business A. Site Plan 'lqme Extension 1. Project: Agent: Owner: Location: Description: St. Gregory Armenian Church (SPTE 04-011) Dale Meaux, API Group The Armenian Cultural Association of America West of Southwest 8th Street, South of Boynton Beach Boulevard Request for one (1) year time extension of the site plan approval granted on September 2, 2003, from September 2, 2004 to September 2, 2005. Motion Mr. Broening moved to remove the St. Gregory Armenian Church (SPTE 04-011) Site Plan Time Extension from the table. Mr. Cwynar seconded the motion that passed unanimously. Mr..lohnson, Planner, stated that Staff recommends approval of the site plan extension, pending 3 additional conditions of approval as mentioned in Memorandum No. PZ 04- 245. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 23, 2004 Ms. 3askiewicz clarified that Staff indicated a dual zoning district on the east side of the lot that is contiguous with neighborhood commercial. That portion is extremely small with the remainder enclosed by R-l-AA residential area. She also clarified that the apartments in the high-density residential area across the divided highway have no relevance to this discussion. Dale Meaux, AP:[ Group architects, 111 East Palmetto Park Road, Boca Raton, stated the construction plans for site work had been submitted, processed and approved by the City. The site plans were also approved by the Board of Health and they are ready to begin construction on the site. A benefactor surfaced after the plans for Phase ! had been completed, prior to being submitted for permits. This benefactor offered money for the construction and completion of the church. The plans have been changed to include the church, Phase T, and Phase !!. This change caused a delay in the original construction dates and, therefore, a time extension is requested. Mr. Meaux stated the architect handling some of the interior design on the church had not completed his work and, as a result, has been unable to make a presentation to the Board. Mr. Meaux anticipates having the plans ready to submit for permit in January 2005. Chair Wische opened the floor to public comment. Harry Thompson, 133 NW 10th Court, member of the Board of Directors of Palm Beach Leisureville, took the podium and asked for information about the plans. He was informed that the Board is only considering the time extension, not the plan review. He was then informed that the site plan review would be held for public comment during the City Commission review. He was thanked for his concern regarding the construction of this project. Chair Wische closed the floor to public comment. Mr. Rodriguez asked the applicant whether he would be able to comply with the 9- month time extension. The applicant stated he would. Mr. Rumpf clarified there was a change in the code that now limits selected non- residential uses to residential districts, primarily on major roadways, so the buildings are not set back away from the roadway. This site complies with current regulations based on its frontage on Boynton Beach Boulevard. None of the changes in the last year with regard to code negatively affect this project. Ms. 3askiewicz stated she has concerns with Phase III, which includes the recreation center. She feels the recreation center should not be in a residential neighborhood completely encapsulated. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 23, 2004 Mr. Meaux clarified that because the recreation area is enclosed, the noise level is reduced and is of benefit to the neighborhood. Mr. Broening noted that the Board is reviewing the request for time extension, and site plan approval has already occurred. Chair Wische recognized and we/comed Commissioners Bob Ens/er and Mike Ferguson. Motion Ms. Jaskiewicz moved to deny the request for a nine (9) month time extension of the site plan approval granted on September 2, 2003 from September 2, 2004 making the expiration date June 2, 2005 pending conditions of approval included in the initial development order and a Traffic Equivalency Statement. Mr. Saberson seconded the motion. Chair Wische requested that the Recording Secretary call the roll. The motion did not pass, having a vote of 3-4 (Mr. Rodriguez, Mr. Broening, Mr. Cwynar and Mr. Wische dissenting). Motion Mr. Cwynar moved to approve the request for a nine (9) month time extension of the site plan approval granted on September 2, 2003 from September 2, 2004 making the expiration date June 2, 2005 pending conditions of approval included in the initial development order and a Traffic Equivalency Statement. Mr. Broening seconded the motion. Chair Wische requested that the Recording Secretary call the roll. The motion passed with a vote of 4-3 (Ms. 3ask/ewicz. Mr. ~aberson and Mr. Fitzpatrick dissenting). Mr. Meaux was asked to work with Staff to ameliorate any perceived problems with the already approved site plan. Mr. Meaux stated this happens during the regular course of the permitting process and would be happy to accommodate the request. VII. New Business A. New Site Plan 1. Project: Renaissance Commons Phase VI (NWSP 04- 015) 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 23, 2004 Agent: Owner: Location: Description: James Comparato and Carl Klepper for Compson Associates of Boynton II, LLC Compson Associates of Boynton II, LLC Southeast corner of Congress Avenue and Gateway Boulevard Request for New Site Plan approval of a Mixed Use project, including 348 multi-family dwelling units, 105,510 square feet of commercial and 176,097 square feet of office/storage space, on an 18.126- acre parcel in a SMU zoning district. Chair Wische pointed out that there are 67 conditions of approval for this site plan. The Board would only discuss those conditions on which the applicant requires clarification. Eric Johnson, Planner, provided a brief overview of the project stating the retail, or commercial, component of Phase VI would be exactly 58,645 square feet of retail and 49,240 square feet of restaurant. Staff reviewed the request for new site plan noting that in the Suburban Mixed-Use (SMU) zoning district, any building that exceeds 55 feet in height requires conditional use approval. As such, this project was reviewed on the standards for evaluating conditional use. Mr. Johnson clarified the proposed uses of Phase VI would require 2,001 parking spaces. There are 1,804 parking spaces proposed, creating a deficit of 197 parking spaces. At the applicant's suggestion a shared parking analysis would be submitted with Renaissance Commons project in its entirety and Staff feels confident this would be a viable solution to the parking situation. The analysis may be reviewed prior to issuance of a building permit. Mr. Johnson noted that throughout the Renaissance Commons project, there is a surplus of 262 parking spaces. As a part of the Renaissance Commons project as a whole, a sign program will be submitted that will encompass Phase VI. As a result, signage for Phase VI will be reviewed at that time. The building meets all the required setbacks and open space. In the SMU zoning district there is a usable open space requirement. The applicant submitted a plan that reflected their usable open space. Staff was not in total agreement with what the applicant considered usable open space. After personally speaking with the architect, Mr. Johnson believes that they would be able to provide at least 3.62 acres of usable open space in Phase VI. If the applicant cannot meet this requirement prior to permitting, the plan would come before the Board again for approval. Staff recommends approval of Phase VI, subject to the 67 conditions of approval. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 23, 2004 3im Comparato, Compson Associates, 980 North Federal Highway, Suite 200, Boca Raton, assumed the podium and commented a considerable amount of work has been completed with the corner location at Renaissance Commons. He presented renderings that reflect the overall feel for the project, stating it is designed as a courtyard and encompasses a combination of retail and office space in two buildings that face Gateway Boulevard. There would be retail/office space only in one building and retail/office and some storage for the office in the other. A project to the rear of the property would house retail space on the first floor with residential space above it. This amounts to both horizontal and vertical integration with different mixed uses and he feels that this design conforms to the concept and intent of the code for the SMU district. Mr. Comparato has had numerous conversations with Staff to ensure they conform to all of the different provisions of the ordinance. He is in agreement with the 67 conditions of approval. Chair Wische opened the floor to public comment and closed it when no one came forward. Ms. ,laskiewicz asked for confirmation that the standup clock reflected in the renderings would be an actual part of the site plan. She was informed it would be a 75-foot clock tower with clocks on all 4 sides. The clocks will not require winding and are assured to work. Ms. Jaskiewicz asked whether the entrance on Gateway accesses the entire site and was informed that there are several access points into the center: · Gateway Boulevard · two entrances into the property off the spine road (a main connector with a traffic light) · Congress Avenue. There is good cross-traffic access as well as entrance ability from every direction. The spine road has potential to link into future development of another site. Mr. Comparato clarified the signage would be uniformed and, to date, he and Staff have agreed upon the size of the signs as well as two or three of the colors that would be used. The signage will house many of the qualities that are found in the developments of this type. Samples would be brought in for specificity with the Board and the Commission when appropriate. Staff clarified for Mr. Fitzpatrick that the Development of Regional Impact (DRI) originally approved 1,55! units with a 30% conversion matrix between uses. It was 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 23, 2004 of those uses. As a result, they have added a few more units while reducing the amount of office space. The developer is aware that several improvements have to be made in order for the water system to be usable. If water is not ready at the time the development goes forward, the project will be phased. Ed Breese, Principal Planner, clarified that the developer has vested trips under the DR1 for the project. Traffic approvals from the County would not be a problem and will require some intersection improvements to include turn lanes, re-striping, etc. Mr. Rumpf reiterated the most intense traffic analysis was performed during the amendment and land use plan amendment/rezoning stages. He stated he does not have any red flags as far as traffic goes for this project. For this site plan, hardscaping includes plazas but are only counted as 50% under the usable open space requirement. Tt is in keeping with an urban mixed-use type as opposed to the typical suburban type of development. The developer has room to increase the usable open space to the amount required. Because the City is currently in litigation over the height requirement, Mr. Tolces was not able to answer Mr. Fitzpatrick's questions regarding this issue. He stated the applicant is aware of the suit over height requirements. Regarding the tax impact, Mr. Rumpf clarified that the City has initiated a fiscal impact analysis and has contracted with a consulting firm to program the model that is in place at the County to be used by the City. This analysis would take a lengthy amount of time to complete. Since the land use changed, replacing the previous industrial land use category, it hasn't been reviewed against that kind of criteria. Mr. Fitzpatrick questioned whether the completion of Fire Station No. 5 should be considered a concurrency issue and was informed that this would be an item for the Commission to review and take into consideration. It is not something that the concurrency system governs or limits by the levels of service standards. Motion Ms. 3askiewicz moved to approve the Renaissance Commons Phase VI (NWSP 04-015), request for conditional use/new site plan approval for the construction of four mixed- use buildings between 55 feet in height and 75 feet in height. These buildings would accommodate 348 multi-family dwelling units, 58,645 square feet of retail, 49,240 square feet of restaurant, and 176,097 square feet of office on an 18.126-acre portion of the 86-acre project known as the Renaissance Commons, zoned Suburban Mixed-Use (SMU), subject to all 67 conditions of approval as noted. Mr. Cwynar seconded the motion that passed with a vote of 6-1 (Mr. F/tzpatr/ck d/$$ented). 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 23, 2004 V[~T. Other None. ~rx. Comments by Members Ms..laskiewicz commented that Mr. Fitzpatrick's concerns regarding the Renaissance Commons Phase V! project are valid but are answered in the conditions of approval. !f the developer complies with the 67 conditions, all of Mr. Fitzpatricks concerns would be met. Ms..laskiewicz stated for the record she feels that the Board's job is not to automatically approve all of Staff's recommendations. The Board has a responsibility to look at each item presented from the perspective of the people that would be impacted by any development in a particular area. Staff is highly respected by the Board but the Board's role is not to rubber stamp anything that the professional Planners within the Planning Department approve. X. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 7:20 p.m. Respectfully submitted, Deanna Ewing Recording Secretary (112904) 8