Minutes 01-10-05M1'NUTES OF THE REGULAR MEET1'NG OF THE PLANNING AND DEVELOPMENT
BOARD MEETI'NG HELD I'N COMMI'SSI'ON CHAMBERS,
CI'TY HALL, BOYNTON BEACH, FLORZDA,
ON TUESDAY, JANUARY 10, 2005 AT 6:30 P.M.
Present
Lee Wische, Chair
Sergio Casaine, Vice Chair
William Cwynar
Woodrow Hay
Shirley Jaskiewicz
Roger G. Saberson
Gerald Broening, Alternate
Mike Fitzpatrick, Alternate (non-voting)
Absent
Jose Rodriguez
David Tolces, Assistant City Attorney
Michael Rumpf, Planning & Zoning Director
Ed Breese, Principal Planner
Dick Hudson, Senior Planner
I. Call to Order & Pledge of Allegiance to the Flag
Chair Wische called the meeting to order at 6:30 p.m. Mr. Cwynar led the Pledge of
Allegiance to the Flag.
TI. Introduction of the Board
Chair Wische introduced the Board members and Assistant City Attorney Tolces.
ZZI. Agenda Approval
There were no changes, additions, or deletions to the agenda.
Motion
Mr. Cwynar moved to approve the agenda as presented. Mr. Hay seconded the motion
that passed 7-0.
:~V, Minutes Approval
There were no changes to the minutes.
Motion
Ms. Jaskiewicz moved to approve the minutes of November 23, 2004 as presented. Vice
Chair Casaine seconded the motion that passed 7-0.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
JanuaryS0,2005
V. Communications and Announcements
A. Planninq & Zoning Report
Final disposition of the November 23, 2004 Planning and
Development Board meeting Agenda Items
Mike Rumpf, Planning & Zoning Director, reported on City Commission action on
previously heard Planning and Development Board items. The St. Gregory Armenian
Church item was postponed to January 18, 2005. The Renaissance Commons Phase VI
Site Plan was approved on December 7, 2004.
VI. Old Business
A. Land Use Plan Amendment/Rezoning
Project:
Agent:
Owner:
Location:
Description:
Boynton Village (LUAR 04-006)
Ruden, HcCIoskey, Smith, Schuster & Russell, P.A.
Klatt Family Limited Partnership
Between Congress Avenue and the LWDD E-4 Canal
and South of the C-16 (Boynton) Canal
Review of updated Master Plan associated with the
rezoning of 82.0 acres to Suburban Mixed Use (SMU)
Attorney Tolces administered the oath to all persons who would be testifying at this
meeting.
A correction was noted to the Agenda, which erroneously listed the amount of acreage
involved as 1.6 acres instead of 81.81 or 82 acres.
Dick Hudson, Sr. Planner, reviewed the highlights of the staff report. This project was
first heard on June 22, 2004 and the rezoning was approved on June 21. At that time,
the master plan was incomplete. Mr. Hudson showed a picture of the property, saying
that at the time the Board had approved the request for zoning, it did not meet Code
requirements. The developer had come back with several different iterations of the
plan, the latest of which did meet Code and was provided to the Board members at this
meeting for discussion and approval.
3ames Comparato, 980 N. Federal Highway, Boca Raton, Florida, came to the
podium to speak.
2
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
.lanua~ 10, 2005
Chair Wische asked Mr. Comparato if he agreed with the twelve new conditions of
approval. Mr. Comparato had questions about 1) the amount of land to be dedicated,
and 2) the issue of expanding Gateway Boulevard.
Mr. Comparato wanted clarification on Item #11, the open space comment. He
referred to the City's regulation wherein the dedication of land could be offered in place
of the cash impact fee for parks and recreation. Mr. Hudson confirmed that the amount
of land to be dedicated was based on the appraised value of the property. Mr.
Comparato believed that this figure would equate to 1.5 to 2 acres of land. Mr. Hudson
advised and Mr. Comparato understood that this dedication of land would not be
deducted from the City's requirement for usable open space.
Mr. Comparato referred then to a mention in the staff report of the expansion of
Gateway Boulevard from Renaissance Commons up to 1-95. Their traffic study did not
address this point. Mr. Comparato thought this might have been something that was
under consideration as an alternate plan, but he did not believe that it was stated
appropriately in the staff report.
Mr. Hudson agreed to investigate and resolve this point prior to the appearance of this
item before the City Commission.
With the discussion as noted, Mr. Comparato agreed with all of the conditions of
approval.
Cha/r Wische opened the pub//c audience, and dosed/t when no one w/shed to speak.
Chair Wische acknowledged the presence in the audience of Vice Mayor McCray and
welcomed him to the meeting.
Board Comments
Ms..laskiewicz was concerned about Condition of Approval Item #11. She was also
concerned about the spine road exiting onto Old Boynton Road, a roadway already
seriously impacted by traffic. She asked how the developer would deal with this issue if
the five~laning were not done before the end of the project. If the spine road were
opened, she asked whether the developer would consider having "right-turn only"
exiting.
Mr. Comparato responded that this would depend on the response from the County, the
regulating agency for roadways. It was the developer's intention that the Old Boynton
Beach Road improvements would be completed prior to the opening of the spine road.
3
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 10, 2005
Ms. ]askiewicz inquired about the timeline for the roadwork, and Mr. Comparato
responded that the project would be phased in as the work was completed throughout
the County and in the area of the project.
Mr. Fitzpatrick, Board Alternate, asked staff questions about the growth rate of Boynton
Beach as portrayed on page six of the Staff Report. Mr. Hudson did not have the
figures at his disposal, but offered to get them to Mr. Fitzpatrick.
Mr. Fitzpatrick then commented that in the 1989 Comprehensive Plan, Recreation &
Open Space Element, there was a specification of 6 acres per 1,000 new residents.
Since this project has 1,120 units, he computed that there should be a land dedication
of about 15 acres. This would be based on about 2 people per unit or 2,500 people, or
15 acres per the 1989 Comprehensive Plan.
Mr. Fitzpatrick asked if the impact fee was supposed to capture enough money to buy
six acres per thousand people.
Mr. Hudson stated that it was 2.5 acres per thousand people of developed parkland, not
2.5 acres of raw land. The cost of equipment would also be part of it. Also, it was on a
citywide basis. When the impact fee was developed, the cost of land citywide was
considered, not specific land. The prices of large, vacant parcels were considered. Then,
it was determined that it would cost "X" to buy and equip 2.5 acres and this formed the
basis for the impact fee that was adopted. It did not buy 2.5 acres of this particular
land. Mr. Fitzpatrick did not know where the City was going to get the rest of the
developed parkland that he believed was due the City. Chair Wische suggested that Mr.
Fitzpatrick meet with staff to go over this matter in detail so all the facts and figures
could be available. Mr. Fitzpatrick wanted the record to reflect that the requirement for
land dedication had dropped 90% from the 1989 standards.
Mr. Saberson asked about the phasing for the traffic improvements and whether the
County would state that before X amount of square foot or so many units could be
built, a certain amount of roadway improvements would have to be under construction.
Kim Glas-Castro, Ruden, McCIoskey, Smith, Schuster & Russell, P.A., 222
Lakeview Avenue, West Palm Beach, stated that with the current Traffic
Performance Standards now under review, the County would issue a concurrency
statement that would have specific conditions of approval for the use allocation that
was being requested: the 1,120 units, 10K square feet of office space, and 149K
square feet of commercial. It would say things like, "No building permits generating
more than 190 new external, new peak hour trips until Gateway Boulevard/Congress
Avenue intersection improvements are completed." As each site plan comes in, the
County will relate it to the conditions of the Traffic Performance Standards. The
developer did have a verbal approval from the County for their traffic study at this time.
4
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 10, 2005
Ms. Jaskiewicz asked if the Traffic Study would have to be re-submitted to the
Department of Community Affairs after the County's approval or disapproval. Mr.
Hudson responded that if the County gave its approval for the developer's traffic study
next week, the traffic study would have to go back to DCA with the final tabulations
from the County.
Cha/r Wische opened the pub//c hearing, but dosed/t when no one w/shed to speak.
Motion
Mr. Cwynar moved to approve Agenda Item 6-A, Boynton Village LUAR 04-006 between
Congress Avenue and the LWDD E-4 Canal and South of the C-16 (Boynton) Canal, a
review of updated Master Plan associated with the rezoning of 82.0 acres to Suburban
Mixed Use with all staff conditions and the clarifications of Mr. Comparato. Mr. Hay
seconded the motion that passed 7-0.
VII. New Business
A. Master Plan Modification
Project:
Agent:
Owner:
Location:
Anderson PUD (MPMD O5-O0:L)
Julian Bryan & Associates, Inc.
D.R. Horton, Inc.
West side of Lawrence Road, approximately 2,000
feet south of Hypoluxo Road
Description: Request for master plan modification to allow a
reduction in front setback from 25 feet to 22.5 feet.
3ulian Bryan, 300 N.E. 25th Street, Boca Raton, representing D.R. Horton,
inc., came to the podium. He explained that part of the reason that he was requesting
this modification was to provide some character in the development and avoid
monotony in the streetscape.
Ed Breese, Principal Planner, stated that the Technical Review Committee
recommended approval of this request, subject to the 24 conditions of approval as well
as the original 39 conditions. The developer was requesting that just the single-story
homes in the development be granted the reduced front setback, limited to a maximum
of 20% of the lots within the development.
Chair Wische asked the applicant if he agreed with the 24 conditions of approval and
the original 39 conditions. Mr. Bryan responded that the developer agreed to all
conditions.
5
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 10, 2005
Chair Wische opened the public hearing, and dosed it when no one w/shed to speak.
Ms..laskiewicz wanted to make certain that the 20% ceiling was included in the
conditions of approval. Mr. Breese responded that this was stated on the Master Plan
itself.
Mr. Fitzpatrick believed that the request should not be granted. His position was that
the developer had known of the City's requirements and should be made to adhere to
them. He believed that a regular citizen could not easily get such a reduction. He
thought that the developer should make the lake smaller or do something else to meet
the Code without asking for this reduction in the setback requirements.
Motion
Mr. Hay moved to approve the Anderson PUD MPMD 05-001 request for master plan
modification to allow a reduction in front setback from 25 feet to 22.5 feet on the
single-family homes for a maximum of 20% of the homes within the development and
subject to 24 staff comments and the original 39 conditions. Mr. Cwynar seconded the
motion that passed 7-0.
Project:
Agent:
Owner:
Location:
Description:
Serrano Beach (MPMD 05-002)
Julian Bryan & Associates, Inc.
D.R. Horton, [nc.
One-quarter mile west of Congress; south of Golf
Road
Request for master plan modification approval to
allow a reduction in front setback from 25 feet to 22.5
feet
Mr. Saberson abstained from voting on this item since he lived in the abutting
development.
Julian Bryan, 300 N.E. 2Sth Street, Boca Raton, representing D.R. Horton
Homes, remained at the podium to respond to questions.
Chair Wische asked the applicant if he concurred with the 27 staff comments, including
the 48 conditions from the previous development order. Mr. Bryan responded
affirmatively.
Chair Wische opened the pub//c hearing, and dosed it when no one w/shed to speak.
Vice Chair Casaine asked the applicant to reiterate the reasons for the request for
setback reduction. Mr. Bryan responded that it was market driven because people were
demanding homes of larger and larger square footages. In a one-story house, this can
6
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 10, 2005
be achieved by going wider or deeper. No changes will be made in the rear of the
homes to avoid affecting surrounding developments. Having the one-story homes with
the setbacks was also requested to provide a more varied streetscape.
Mr. Fitzpatrick raised the same objection as on the previous item, believing that the
developer should be required to abide by the Code.
f4otion
Mr. Cwynar moved to approve Serrano Beach MPMD 05-002 request for master plan
modification approval to allow a reduction in front setback from 25 feet to 22.5 feet,
subject to all staff conditions, including those from a previous development order. Vice
Chair Casaine seconded the motion that passed 6-0, Mr. Saberson abstaining.
B. New Site Plan
Project:
Agent:
Owner:
Location:
Description:
Centre ~ Woolbright (NWSP 05-002)
Anthony Polera, Vitcar Consulting Company
Boca Raton Holdings, LLC
2315 West Woolbright Road
Request for new site plan approval for a
12,790 square foot office building on a 1.12-
acre site in a C-1 zoning district.
Ed Breese, Principal Planner, reviewed the highlights of the staff report. The typical
parapet roof height is 27 feet 3 inches. There is a pitched roof at 32 feet that screens
the mechanical equipment on the roof and the maximum height allowed in a C-1 zoning
district is 30 feet. Staff recommended approval of the site plan subject to the conditions
of approval and the accompanying Height Exception item.
Tony Polera, 900 N.W. 17th Avenue, representing Boca Raton Holdings, LLC,
came to the podium and remained there for this and the following item.
Chair Wische asked if the applicant agreed with all 36 staff conditions of approval, and
Mr. Polera responded that they were in agreement with all conditions.
Chair Wische opened the pub/lc hearing, and closed it when no one w/shed to speak.
Ms..]asckiewicz asked if the buffering was consistent with the buffering for the other
buildings in the area. Mr. Breese stated that the abutting properties had landscaping of
varying degrees of growth, but when the new plantings caught up, the buffering would
be consistent with the surrounding properties.
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
.January 10, 2005
Mr. Fitzpatrick asked if this were a new site plan and Mr. Breese responded that it was,
and that the previous site plan approval had expired.
Motion
Vice Chair Casaine moved to approve the new site plan approval NWSP 05-002 Centre
@ Woolbright, subject to all 36 staff comments. Mr. Hay seconded the motion that
passed 7-0.
C. Heiqht Exception
Project:
Agent:
Owner:
Location:
Description:
Centre @ Woolbright (HTEX 05-002)
Anthony Polera, Vitcar Consulting Company
Boca Raton Holdings, LLC
2315 West Woolbright Road
Request for height exception approval of two
(2) feet to allow decorative roof and screening
of mechanical equipment at a height of 32
feet, a distance of two (2) feet above the 30
foot maximum height allowed in the C-1 zoning
district.
Ed Breese, Principal Planner, showed the Board an architectural rendering with the
middle portion of the building showing a hip roof, which screened the mechanical
equipment. The purpose of this request was to add architectural interest to the
building and screen the roof-top mechanical equipment.
Chair W/sche opened the pub/ic hearing, and dosed it when no one wished to speak.
Ms. Jaskiewicz commented that screening the mechanical equipment would be an asset.
Mr. Hay inquired whether the colors in the architectural rendering were true to life, and
the applicant responded that they were very much the same.
Notion
Mr. Hay moved to approve Centre @ Woolbright (HTEX 5-002) request for height
exception approval of two (2) feet to allow decorative roof and screening of mechanical
equipment at a height of 32 feet, a distance of two (2) feet above the 30 feet maximum
height allowed in the C-1 zoning district, subject to all staff comments. Mr. Cwynar
seconded the motion that passed 7-0.
8
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida
January 10, 2005
VIII. Other
Chair Wische spoke about the "Comments by Members" section of the November 23,
2004 minutes. Tn this, Ms..laskiewicz stated that it was not the Board's job to
automatically approve all of staff's recommendations. Chair Wische agreed that this
was so. He disagreed, however, with what he perceived as an insinuation that the
Board was "rubber stamping" the approvals of the professional planners in the Planning
& Zoning Department. He stated that the Board had disagreed with staff on many
occasions in the past. Often, the City Commission had agreed with the Board in its
recommendations that were against those of staff. Ms. _laskewicz stated that it was not
an insinuation, but the simple truth and she was glad the Board was in agreement on
its goals.
IX. Adjournment
Since there was no further business before the Board, the meeting was duly adjourned
at 7:17 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
(011105)
9