Loading...
Minutes 01-25-05MTNUTES OF THE REGULAR MEETTNG OF THE PLANNTNG AND DEVELOPMENT BOARD MEET:LNG HELD TN COMt4:ZSSTON CHAMBERS, CTTY HALL~ BOYNTON BEACH~ FLORZDA~ ON TUESDAY~ .1ANUARY 25~ 2005 AT 6:30 P.M. Present Lee Wische, Chair Sergio Casaine, Vice Chair William Cwynar Woodrow Hay Shirley -laskiewicz Mike Fitzpatrick, Alternate Absent David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Ed Breese, Principal Planner Dick Hudson, Senior Planner ,lose Rodriguez Roger G. Saberson Gerald Broening, Alternate T. Call to Order & Pledge of Allegiance to the Flag Chair Wische called the meeting to order at 6:35 p.m. Mr. Cwynar led the Pledge of Allegiance to the Flag. TT. Tntroduction of the Board Chair Wische introduced the Board members and Assistant City Attorney Tolces. Chair Wische also introduced honored guests Vice Mayor McCray and former Board member Mike Friedland. TTT. Agenda Approval The following changes to the agenda were recommended: on page 9 of Ttem 7.A. 1 and Item 7.B.1 the words "Community Redevelopment Agency" should be changed to "Planning and Development Board"; Item 7.F. 1 should be heard first under New Business; Item 7.D.2 should be heard after Item 7.C.2. Motion Vice Chair Casaine moved to approve the agenda as amended. motion that passed 6-0. Mr. Hay seconded the Meeting Minutes Planning and Development Board Boynton Beach, Florida .lanuary 25, 2005 TV. IqJnutes Approval There were no changes to the minutes. Motion Vice Chair Casaine moved to approve the minutes of November 23, 2004 meeting as presented. Mr. Hay seconded the motion that passed 6-0. Chair Wische noted that he received a call from member Rodriguez that he would not be able to attend the meeting. V. Communications and Announcements A. Planning & Zoning Report Final disposition of the January 10, 2005 Planning and Development Board meeting Agenda Items Hike Rumpf, Planning & Zoning Director, reported on City Commission action on previously heard Planning and Development Board items. At the January 18, 2005 City Commission meeting, the following consent items were heard and approved: the St. Gregory Armenian Church time extension, Anderson PUD Master Plan Modifications, Serano Beach Master Plan Modification (reduction and setbacks), and the Center at Woolbright Project (new site plan and height exception). All of the Ordinances related to the Boynton Village Town Center Project, as well as the DCA Amendment cycle related to those, were tabled until the City Commission meeting to be held on February 1, 2005. Mr. Rumpf informed the Board that he received a call from board member Saberson indicating he would not be able to attend the meeting. VT. Old Business None. VIZ. New Business F. Code Review Project: Agent; Chapter 22, Streets and Sidewalks (CDRV 05- 005) City initiated - Engineering Department 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida `lanuary 25, 2005 Owner: Description: N/A Request for amendments to the Land Development Regulations, Chapter 22. Streets and Sidewalks related to street naming and renaming, construction of sidewalks, access to and work within public rights- of-way, and providing for appeals, work requirements and surety. David Kelley, Assistant Public Works Director and City Engineer, reviewed the highlights of the staff report. From 2000 until Spring 2004, the Planning and Zoning Division along with Engineering worked to upgrade numerous chapters to the Land Development Code. To date, staff successfully modernized, updated, and brought into compliance numerous chapters of the Code with current rules and regulations at the State level. Chapter 22, Streets and Sidewalks, addresses the way in which the City treats the naming of streets and street suffixes, along with the number system. The City brought into compliance the upgrading of streets and sidewalks with regard to filling in the missing areas of the town. A Street Addressing Procedure Manual was developed, in cooperation with Nancy Byrne, Associate Development Director, and has been in use for approximately one year. .left Livergood, Public Works Director, commented that staff's recommendation was a modernization of the City's Streets and Highways' Section of the Code. The Public Works Department created a set of rules and requirements whereby developers, individual property owners, builders, etc. would refer when working within the public right-of-way. For example, if someone were building a new home on a vacant lot, they have to access the City's public street via a driveway that would be built. The Public Works Department is ensuring that the driveway would be built in conformance to the City's standards to ensure safety. Other than Engineering details, some of the most significant changes required that anyone working within the public right-of-way provide a certificate of insurance so that the City's residents are insured, as taxpayers, should anything happen to someone through the fault or negligence of a contractor (i.e, the contractor leaves an open hole that a child on a bicycle falls into the hole.) The City wants to make sure that the contractor provides proof of insurance. Secondly, the City would require anyone working within the public right-of-way to be bonded or to provide the City with a cash bond or surety. Jif a driveway is not completed properly, the bond is on file and the City can ensure that the work would be completed safely and to Code. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida .]anuary 25, 2005 Minor requirements have also been included, such as how mailboxes are addressed, when certain improvements are required (i.e., curb and gutters, storm drainage) and determining when traffic signals are required. By updating the Code, it is built into the requirements when certain public improvements must be made so that it is clear to the development community in the beginning stages of their process. The most significant change from a policy perspective relates to public sidewalks. Public sidewalks benefit all citizens and currently the requirements include an ability to waive public sidewalks. The waiver still exists but a fee would be collected from the builder equal to the dollar amount to build the sidewalk. The fee would then be placed into one of 4 fund accounts, by commission district. The City would use those funds to construct sidewalks in larger segments in those various districts using a more common- sense approach. The City is prioritizing sidewalk construction next to schools. Board Comments Mr. Cwynar asked for clarification of new sidewalks being constructed in existing neighborhoods where there are sidewalk deficiencies. Mr. Livergood confirmed that the new sidewalks would be built at no additional cost to taxpayers. He commented that $100,000 per year had been allocated in the budget to build and replace sidewalks. This would supplement the dollar amount being requested as part of chapter modifications so that the City could continue to build sidewalks where none exist now, primarily in areas with elementary schools. He clarified that the rate to have sidewalks in place on a least one side of every street in the City is estimated to be approximately 40 - 50 years to accomplish, it is an enormous task and the prioritization process would be based on pedestrian volume, type of use, road width, road volume, lighting conditions, etc. Mr. Livergood confirmed that the prioritization process takes into account those neighborhoods that are slated to be demolished. As the community redevelops, the new requirements would demand funds from the builder for the construction of sidewalks. Mr. Fitzpatrick asked whether there was a plan to correct existing problem numbering. it was explained that there were too many blocks that have the numbering system going in a variety of ways. The City is working on correcting the problems. The corrections would be made when new development is built. Numbering issues would be corrected on commercial properties when the existing tenant vacates. Mr. Hay expressed his concern over sidewalks in front of restaurants being used as an extension of the restaurants' service area. The sidewalks block pedestrian traffic. It was explained that it is not an issue that was addressed as part of the code changes but could be something added in the future. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida January25,2005 Notion Mr. Hay moved to approve Agenda Item 7.F.1, request for amendments to the Land Development Regulations, Chapter 22, Streets and Sidewalks, related to street naming and renaming, construction of sidewalks, access to work within public rights-of-way, and providing for appeals, work requirements and surety. The motion was duly seconded and passed 6-0. A. Annexation Project: Agent: Owner: Location: Description: High Ridge/New Urban Communities (ANEX 05-001) Timothy Hernandez and Roger Decapito of New Urban Communities, Inc. Paramount Investment Group Northwest corner of High Ridge and Miner Road Review to annex +18.438 acres of land currently designated MR-5 (5 du/ac) and LR-2 (2 du/ac) and zoned RS (Single Family Residential)(Palm Beach County). Attorney Tolces administered the oath to all persons who would be testifying at this meeting. Chair Wische stated that he previously met with the owners of this property. He also visited a property similar to this located in Delray Beach, Florida. He commented that the physical appearance of the property visited was very well constructed, reflected quality workmanship, and looked, to him, to be an outstanding development. He did not discuss anything further with the owners, nor were his voting preferences mentioned to approve this development. Tim Hernandez, New Urban/High Ridge LLC, 398 NE 6th Avenue, Delray Beach, Florida 33483, took the podium and introduced himself and his partner. Hanna Matras, Economic Planner, stated staff recommends approval of the Annexation, Land Use Amendment and Rezoning requests as outlined in the Executive Summary section of the staff report. Cha/r W/$che opened the pub/ic aud/ence. Richard Levy, Terra Archer, Timothy Granowitz, Robert Goodman, and Michael King took the podium individually to express their concerns regarding this development. Their concerns are summarized below: 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25,2005 · Traffic congestion on High Ridge Road due to the new construction already taking place. Cannot get in or out of his property due to the amount of traffic in the mornings and afternoon. Offered to come back with signatures of everyone in his neighborhood that do not approve of changing density to something higher than Iow density residential. · Tri-Rail and Palm Tran traffic combined with the High School and church traffic already clog up High Ridge Road at peak hours. · An additional traffic study was requested. · Character of the development is not in keeping with the older developments. · The density of the new development is too high. Ms. Matras clarified that the townhomes in the Cedar Ridge PUD, located near the property, are built at 8.02 du/ac. The developer is proposing to build this property to a density of 9.44 units per acre. Canterbury, a development to the south of the property, is built slightly over 9 units per acre. The cap of the density in the area is 10.8 units per acre. Chair Wische closed the public audience. Mr. Hernandez addressed the public's concerns regarding the higher density and traffic flow. Board Comments Ms. Jaskiewicz had concerns regarding the traffic flow. She personally visited the area and drove the surrounding access roads to get a feel for the atternoon peak hour flow and was very concerned with adding additional residential units to an already existing problem. She stated the road would need to be improved eventually. Mr. Cwynar inquired about the County's plans to improve High Ridge Road. He was informed that there were none as far as staff had been able to determine. Ms. Matras clarified that the maximum number of trips that High Ridge Road was allowed is over 15,000 trips. To date, the average daily trips are only 4,500, which would put it at one- half the road's capacity. The study showed that with the proposed development, it would put the daily trips at 2,025, which is still well below capacity. The number of new trips related to this project does not exceed 1,000 and means that the requirement for the developer to provide a traffic analysis is limited to the immediate link - Miner Road and High Ridge Road. It would only be when the trip number exceeds 1,000 that the developer had to provide a traffic analysis of the area, either ! mile or 4 miles, depending upon the traffic number. Vice Chair Casaine commented that the trip-to-capacity analysis failed to depict the actual problem that existed on this road because of the time of day when the Meeting Minutes Planning and Development Board Boynton Beach, Florida January25,2005 concentration of traffic occurs. He personally counted 6 policemen in a given area because of the accumulation of automobiles, particularly in the area where people are waiting for their relatives to come off of the train and buses and felt it was definitely a problem. However, it does not mean that the annexation should not happen. He cautioned the audience that construction and development were inevitable. However, traffic flow had to be addressed properly. Mr. Fitzpatrick asked about the fiscal benefits of this development. He was informed that the townhomes and single-family homes within the development would be priced between $400,000 and $600,000, which would then generate an increase in the tax base for the City. He asked if an analysis had been completed that compares 5 units per acre against 10 units per acre. He was informed that none was performed. He asked how staff would know whether 5 units per acre would not be more esthetically and fiscally beneficial than 10 units per acre. He was informed that the 5 units per acre scenario would have a lesser impact fiscally but staff could not comment on the aesthetic comparison, as it is not customary to do so. Chair Wische reminded Mr. Fitzpatrick that what was before the Board to consider was 9.44 units per acre, not 5. Mr. Fitzpatrick asked for staff to clarify what changes were made to make the Land Use Amendment and Zoning desirable. He was informed that the request is presented as a market response to the demand. Motion Mr. Fitzpatrick moved to approve Item 7.A.1, a request to annex +_18.438 acres of land currently designated MR-5 (5 du/ac) and LR-2 (2 du/ac) and zoned RS (Single Family Residential)(Palm Beach County). Ms. 3askiewicz seconded the motion that passed 6-0. B. Land Use Plan Amendment/Rezoning Project:: Agent: Owner: Location: Description: High Ridge/New Urban Communities (ANEX 05-002) Timothy Hernandez and Roger Decapito of New Urban Communities, Tnc. Paramount Investment Group Northwest corner of High Ridge Road and Miner Road Request to amend _+18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to High Density Residential (HDR); and Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25, 2005 Request to rezone from Single Family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD) Proposed use: Single-family residential and townhouse community. Chair W/sche opened the public audience. Attorney Tolces clarified to the public that testimony presented during the prior matter regarding annexation of this property would carry over to the Land Use Amendment and Rezoning matters. Richard Levy, Terra Archer, and Robert Goodman, took the podium individually to express their concerns regarding this development. Their concerns are summarized below: · Requested changing the Land Use category to Low Density. · Traffic is the biggest concern. Board Comments Ms..laskiewicz asked the developer if he could work with a lower density, perhaps Medium or lower. Mr. Hemandez stated that his firm always tries to work with the City and the neighbors surrounding the properties. The traffic studies had been done and the concerns should not be about property values because he feels that his development would only increase the value of those properties in the neighborhood. Staff clarified the densities and their corresponding units per acre: · Medium Density (9.68) · Moderate Density (7.26) · Low Density (4.84) Mr. Cwynar asked whether staff had knowledge of a study that showed people drive faster if there are speed bumps placed on a road. Staff was unaware of such a study. MotiQn Ms..laskiewicz moved to approve lrtem 7.B. la, request to amend _+18.438 acres of land on the Comprehensive Plan Future Land Use Map from Medium Density Residential (Palm Beach County) to Medium Density Residential (MDR). Vice Chair Casaine seconded the motion that passed 4-2 (/Vlr. Cwynar and Mr. Fitzpatrick dissenting). 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida January25,2005 140tion Ms. ]askiewicz moved to approve the request to rezone from Single Family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD). Vice Chair Casaine seconded the motion that passed 5-:~ (Mr. F#zpatr/ck d/ssent/ng). Project: Agent: Owner: Location: Description: Knollwood Groves (LUAR 05-001) Chip Bryan, .lulian Bryan & Associates, [nc. Knollwood Groves, Inc. 8053 Lawrence Road, west side of Lawrence Road at the intersection of Miner Road. Request to amend _+30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR); and Request to rezone from Agricultural (AG) to Planned Unit Development (PUD). Proposed use: Single-family residential community 3ulian Bryan, 200 NE 25th Street, Boca Raton, representative for DR Horton Homes, took the podium and introduced himself. Dick Hudson, Sr. Planner, reviewed the staff report. He clarified that the extension of Miner Road is on the County's improvement plan slated to occur in the year 2030. However, it was possible that new development in the area could cause Miner Road's extension to happen sooner. Therefore, the County requested a 110-foot easement along the north side of the property to be used for the extension, whenever that should occur. A parcel of land immediately to the southwest of the property is landlocked and the County was requesting a 50-foot access easement and utility connections be provided to that parcel. Cha/r Wische opened the pub//c aud/ence. Attorney Tolces administered the oath to Mr. Nevitt. Richard Nevitt, Dennis Clark, David Shanks, Donna Dalkins, Larry 3ohn, Brian Cooper, f4ike LeCratio, Roger Williams, f4atthew Maxwell, and f4elissa DeLisa took the podium individually to express their concerns regarding this project. Their concerns are summarized below: The extension of Miner Road required a ll0-foot easement, which would run along the northern boundary of the project. It would cut off portions of privately owned residential property. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25, 2005 · Any new construction of this size would increase traffic volume and cause the timing of the Miner Road extension to be moved forward. · Safety with regard to traffic. The surrounding neighborhood had a large volume of foot traffic - children play in the street, horses are boarded in the neighborhood and also walk in and out of the neighborhood, parades are held in the street. · The 5-acre landlocked parcel located just to the south of the property had become part of Knollwood, which was not reflected in the information they had received. Mr. Hudson clarified that the issue to be discussed did not include the 5-acre parcel and once the Land Use Amendment and Rezoning are approved, the site plan presented for approval must be the same size. 2-story homes built on property would be invasive. Not having an easement on Reading Road when the site plan is developed would be preferred. Preservation of flora and fauna located on the property. 23 different species of birds have been sited in Knollwood Groves, the majority of which were on the endangered species list. Historical trees have also been sited and need to be preserved. Board Comments Vice Chair Casaine stated he felt that the extension of Miner Road is an issue and the Board cannot decide this issue until there is a final master plan. There is a lot to be considered in the final master plan and he recommended that the issue be turned down. Mr. Bryan asked to address the public's comments and concerns. He stated that he does not intend to make an entrance from Miner Road. He had submitted his original request approximately 4 months ago and has had several subsequent meetings with Staff. The main thrust of those discussions went in two directions: 1) Acquiring the 5-acre landlocked parcel to the south, and 2) The Miner Road extension. He explained that he did not intend to place an entrance from Miner Road but was required by the County to place an access easement. It serves no purpose for the development, as the traffic analysis reflected that the traffic moves either north or south on Lawrence Road, with a small number traveling east over to Congress Avenue. Bill Sears, Traffic and Roadways Department for Palm Beach County, advised him that 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25, 2005 this development was not in a thoroughfare plan, nor is it budgeted in the future. It is simply a line item in the Comp Plan Element. He further explained that the development would have sidewalks on both sides per the City's Code and a sidewalk already exists on Lawrence Road. Access from the development would be provided to the South. The existing ingress/egress easement that accrues to the landlocked property's benefit would be abandoned with the platting of what would then be 35 acres once the 2 parcels are combined. A tree survey is now underway to identify the oak trees on the property and every effort would be made to save them. The 3 banyan trees that the audience mentioned are not native species. The City of Boca Raton, as a result of the hurricanes, updated their City Code banning the planting of Banyan trees because of the root structure. As a PUD, the perimeter of the property must have a landscape buffer with screening and would be presented during the site plan approval process. Rear setbacks would be doubled for any 2-story homes built on the western and southern perimeters. Board Comments Vice Chair Casaine thanked Mr. Bryan for providing the information for clarification because it enlightened the Board greatly. Motion Vice Chair Casaine moved to deny the request to amend _+30.683 acres of land on the Comprehensive Plan Future Land Use Map from Agriculture (A) to Low Density Residential (LDR) until a final master plan is presented, knowing that it was not the idea of the developer to present this master plan where Miner Road had to be altered. Mr. Fitzpatrick seconded the motion that passed 4-2 (Mr. Cwynar and Ms. Jaskiewicz dissenting). Motion Vice Chair Casaine moved to deny the request to rezone from Single Family Residential (RS) (Palm Beach County) to Planned Unit Development (PUD). Mr. Hay seconded the motion that passed 4-2 (Mr. C~/nar and Ms. Jaskiew/cz dissenting). C. Conditional Use Project: Agent: Owner: Location: Dr. Go Daycare Center (COUS 05-001) Dave Beasley Dr. Ka Hock Dy Go Southeast corner of West Boynton Beach Boulevard and Knuth Road 1! Meeting Minutes Planning and Development Board Boynton Beach, Florida .]anuary 25, 2005 Description: Request Conditional Use/Major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037-acre parcel in a C-1 zoning district. Dave Beasley, 3570 Kikely Avenue, took the podium to speak. He stated that he agreed with all of staff's comments. Chair W/sche opened public audience and closed it when no one wished to speak. Board Comments Ms. 3askiewicz asked for clarification under Exhibit C, Condition of Approval, Item 24, which reads "The facilities shall comply with Health Department and all other Regulatory Agency requirements." She asked what Regulatory Agency requirements the staff was referring to. Ed Breese, Principal Planner, explained that he was not sure of what the requirements were but, as he understood it, the Palm Beach County Health Department asks other agencies if they have any comments on any application that is placed before them. Ms..laskiewicz was also concerned about where any outdoor space would be placed. Mike Pressley, attorney, and partner in the daycare center, took the podium to speak. He explained that the procedure would be that after the Board made their determination on the Conditional Use change, then all of the requirements of the Palm Beach County Department of Health would then have to be abided by. The site plan had been preliminarily approved by the Health Department and it had been determined that the courtyard area was suitable as a playground for pre-K students. There would be no Kindergarten age students or older at this facility. Final approval from the Health Department would be made after the City had approved the land use change. Motion Mr. Cwynar moved to approve the request for Conditional Use/Major Site Plan Modification approval to allow conversion of 7,098 square feet of an existing 13,170 square foot office building for daycare use on a 2.037-acre parcel in a C-1 zoning district pending all staff comments and conditions. Vice Chair Casaine seconded the motion that passed 5-1 (Ms. Jaskiewicz dissenting). Project: Agent: Owner: Location: Grove Plaza Parcel C (COUS O5-002) Lution Hill Grove Plaza C, LLC 3940 Hypoluxo Road 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida 'lanuary 25, 2005 Description: Request Conditional Use/New Site Plan Modification approval for a 6,832 square foot minor automotive repair facility on a 0.823-acre parcel in a C-3 zoning district. Michael Weiner, 209 S. Seacrest, representing the applicant, took the podium to speak. He stated that he agreed with all of staff's comments. Ed Breese, Principal Planner, stated that he had nothing further to add to the discussion. Chair W/sche opened the public audience. Paul George, 3981 SW 71st Avenue, came to the podium to speak. His concerns were: 1. The health of his children and the children attending the high school across the street - chemicals being used and blown around when repairing vehicles (asbestos brakes). Mechanics can wear gloves and masks but kids cannot. Chemicals seeping into the ground and getting into the water supply are a serious issue. 2. An Automotive center does not necessarily fit the use of other types of businesses in the area. Prefers other types of retail for the children to utilize. Mr. Breese commented that the mix of uses within Grove Plaza is currently automotive related - auto parts retail store, car wash, and the gas station/convenience store. Tt makes sense with the uses that were already slated for that property. The retail store previously approved as Parcel D would most likely contain many of the uses that Mr. George referenced - i.e., bookstore, restaurant, etc., and would be located immediately adjacent to this property. Mr. Weiner commented that many of the concerns that Mr. George mentioned would be addressed in the Master Plan Modification section. The City's Code is very strict and the recommendations in the Master Plan Modifications required that an applicant had to go through 12 different standards before he/she can receive a positive recommendation. The size of this property represents only 5% of the overall property. The automotive industry is one of the most regulated industries across the U.S. and, as such, the industry's waste disposal is now policed by both State and Federal agencies. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida .lanuary 25, 2005 Board Comments Ms. ]askiewicz commented that she would have been opposed to this item had the site plan represented the buildings' openings facing the surrounding neighborhood. She was impressed with the architecture represented in the site plan. Mr. Fitzpatrick asked for clarification of minor and major automotive repair. Minor repair includes engine tune-ups, carburetor repairs, wheel balancing and replacement, and/or repair of external engine parts. It does not include engine rebuilding or transmission work. Motion Mr. Hay moved to approve the request for Conditional Use/New Site Plan Modification approval for a 6,832 square foot minor automotive repair facility on a 0.823-acre parcel in a C-3 zoning district, subject to all staff comments. Ms. ]askiewicz seconded the motion that passed 6-0. E. Master Plan Modification Project: Agent: Owner: Location: Description: Grove Plaza Parcel C (MPMD 05-003) Lution Hill Grove Plaza C, LLC 3490 Hypoluxo Road Request for Master Plan Modification approval to convert Parcel "C" from a proposed 6,540 square foot retail use to a 6,832 square foot minor automotive repair facility. Chair Wische opened the pub/lc audience and closed it when no one w/shed to speak. Motion Mr. Cwynar moved to approve the request for Master Plan Modification approval to convert Parcel "C' from a proposed 6,540 square foot retail use to a 6,832 square foot minor automotive repair facility subject to all staff comments. Vice Chair Casaine seconded the motion that passed 6-0. D. Development of Regional Impact Amendment Project: Agent: Owner: Location: (~uantum Park NOPC #15 (DRIA 05-001) Eugene Gerlica, Quantum Group of Companies MFT Development, ]'nc. West side of interstate ]'-95, between Miner Road and the Boynton (C-16) canal. 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25, 2005 Description: Request for Development of Regional Impact Amendment (DRiA) to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units. Chair Wische explained for the public's benefit that NOPC means Notice for Proposed Change. David Norris, 712 U.S. Highway 1, North Palm Beach, attorney for the applicant, took the podium to speak. He stated that he agreed with all of staff's comments. However, Items 4 and 5 suggested that some mistakes existed but those mistakes had been corrected and he felt that those two items should be deleted. Ed Breese, Principal Planner, stated that he had not seen the correction to Item 4 although he had discussions with the applicant that the item would be corrected. To date, Mr. Breese had not seen any paperwork proving the correction. Regarding Item 5, the applicant had made application for the Code review but staff felt the language should remain due to the recent height restriction issues that had occurred within the City. The item is satisfied because the applicant applied for Code review. £ha/r W/sche opened the pub//c audience and dosed it when no one w/shed to speak. Board Comments Ms..laskiewicz commented that Amendment 10, passed in the year 2000, was very opposed to converting industrial land to residential uses and would limit those conversions. The applicant, at that time, indicated that they understood the concerns of the City and would limit the amount of residential in an effort to assure the City that the industrial land conversions would be minimized. She felt that 1,000 units were over the limit and adding an additional 105 units was an unreasonable request. Chair Wische reminded Ms..~askiewicz that what applied in the year 2000 does not necessarily apply now. He felt that the traffic flow analysis was not as bad as some frequent requests that had previously been approved. Mr. Breese commented that the request was for mixed-use pods that existed currently, as opposed to converting more industrial land to residential. Vice Chair Casaine asked whether the conversion involved changing an existing plan for commercial use to private home dwellings. 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25, 2005 Doug McDonald, Chief Executive Officer, Quantum Group of Companies, 2500 Quantum Lakes Drive, took the podium to review renderings of the proposed development, which he would have discussed during the next item's review. He explained that the proposed development was in response to public requests. He further explained that development would only be on the outer perimeter of Gateway, with commercial/retail/residential units having entries on both the front and rear of the buildings. Board Comments Mr. Fitzpatrick expressed his concern that the amendment was put in place for a reason. The Board had previously approved allowing 1,000 units from 500 and is now being asked to allow 1,105. He also expressed his disapproval at the concept of the development tying into the old Motorola property by one long sidewalk along Gateway, stating it was too long (2 miles) and that most citizens would not want to walk it. Motion Mr. Hay moved to approve the request for Development of Regional Impact Amendment (DRIA) to allow an increase in the maximum number of dwelling units permitted under the development order from 1,000 to 1,105 dwelling units. The motion was duly seconded and passed 4-2 (Ms. Jaskwiecz and Mr. Fitzpatrick dissenting). E. Master Plan Modification Project: Agent: Owner: Location: Description: Quantum Park NOPC #15 (MPMD 05-006) Eugene Gerlica, Quantum Group of Companies MFT Development, ]nc. West side of interstate 1-95, bet~veen Miner Road and the Boynton (C-16) canal. Request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units. Motion Mr. Cwynar moved to approve the request for Master Plan Modification approval to allow an increase in the maximum number of dwelling units allowable within the areas designated for "Mixed Use (MU)" from 1,000 to 1,105 dwelling units, subject to staff recommendations. Mr. Hay seconded the motion that passed 4-2 (Ns. Jaskiewicz and lyf. Fitzpatrick dissenting). 16 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25, 2005 F. Code Review 2. Project: Agent: Owner: Description: Medical or Scientific Research Uses in M-1 (CDRV 05-003) City initiated - Engineering Department N/A Request for amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8. M-! Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts. Mike Rumpf, reviewed the staff report. He clarified that this is a new use for the City and was initiated as part of the Land Development Regulations (LDR) review. When the City's Code represents or indicates antiquated characteristics in the list of uses, the City makes the necessary changes to update them. This amendment would also prevent the potential exclusion of certain uses within the City's zoning regulations, as well as facilitate the "case-by-case" review of unique uses and application of appropriate conditions of approval. The question was asked whether this change was indicative of Scripps Research Laboratories relocating to the County. Mr. Rumpf stated that it was not, but the thought had come to mind. To date, no conversations with Scripps have taken place with the City. In reviewing the City's uses, particularly as was represented by this circumstance, staff wondered if such uses as biotechnology would be subject to conditional use. It was felt that it wouldn't, which is why the change went into detail explaining how the existing categories, namely research and development labs and medical/dental labs, would be construed if they are not dealing specifically with full body parts and full bodies. It was clarified that if a business presents itself using full cadavers, the City would have to make a professional judgment call at that time as to what category they would fall into. Ms..laskwiecz expressed her concern that this change would potentially attract these kinds of uses and would not, necessarily, be for the good of the City. Motion Vice Chair Casaine moved to approve the request for amendment to the Land Development Regulations, Chapter 2. Zoning, Section 8. M-! Industrial District, to allow as conditional uses, uses proposed as medical or scientific research which involve the use, treatment, storage, or processing of human or animal bodies, or body parts. Mr. Hay seconded the motion that passed 5-1 (~I$. Jask/ewicz d/$sent/ng). 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida January 25, 2005 VIII. Other None, IX. Comments by members Mr. Fitzpatrick distributed a list of questions to staff. He provided copies to each member of the Board. X. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 10:00 p.m. Respectfully submitted, Deanna Ewing Recording Secretary (o2olo5) 18