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Minutes 04-06-05MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 26, 2005 AT 6:30 P.M. Present Lee Wische, Chair Woodrow Hay, Vice Chair Sergio Casaine William Cwynar Shirley Jaskiewicz Jose Rodriguez Roger G. Saberson Joseph Baldwin, Alternate Diane Johnson, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Ed Breese, Principal Planner Eric Johnson, Planner 1. Pledge of Allegiance Chairman Wische called the meeting to order at 6:34 p.m. and led members in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chairman Wische introduced the two new Alternate Board Members. 3. Agenda Approval Motion Mr. Cwynar moved to approve the agenda. Motion seconded by Mr. Hay and unanimously carried. 4. Election of New Chairman and Vice Chairman Mr. Cwynar announced that he would decline the nomination as Chairman of the Planning and Development Board, if any member so wished to nominate him. Mr. Casaine nominated Lee Wische as Chairman of the Planning and Development Board. Ms. Jaskiewicz nominated Woodrow Hay as Chairman of the Planning and Development Board. Mr. Rodriguez seconded the appointment. Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 Attorney Tolces announced that before a second nomination could be received, the first nomination must be seconded. Mr. Hay second the motion to nominate Lee Wische as Chairman of the Planning and Development Board. Mr. Hay declined the nomination as Chair. Vote Motion to elect Lee Wische Chair carried 6-1. Ms. Jaskiewicz declined to vote. Ms. Jaskiewicz felt that other Board members should be afforded the opportunity to serve as Chair and Vice Chairman, since all Board members were capable to serve in those capacities. Mr. Rodriguez inquired if he could nominate Ms. Jaskiewicz as Chairperson. Attorney Tolces explained that this would be possible if someone voting on the prevailing side to nominate Lee Wische as Chair made a motion to reconsider. If the motion were seconded and passed, the nominations could be reopened. Motion Mr. Saberson moved to reconsider. Motion seconded by Ms. Jaskiewicz. Vote The Recording Secretary called the roll and the motion to reconsider failed 3-4 (Messrs. Wische, Casaine, Cwynar, Hay dissenting). Mr. Saberson stated his vote was not reflective of Mr. Wische as Chairman and that Mr. Wische has done a very good job in that capacity. However, he would like to see the position rotated. Chairman Wische noted this same issue came before the Commission a few years ago where a person could only serve as chair for one year at a time and it was defeated. Chairman Wische thanked the members who voted for him and he looked forward to serving as Chair for the next year. Chairman Wische passed the gavel and nominated Sergio Casaine as Vice Chair of the Planning and Development Board. Motion seconded by Mr. Hay. Ms. Jaskiewicz nominated Woodrow Hay as Vice Chair of Planning and Development Board. Motion seconded by Mr. Rodriguez. Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 Chairman Wische called for a vote on the nomination of Sergio Casaine as Vice Chair. Vote The Recording Secretary called the roll to nominate Sergio Casaine as Vice Chair of the Planning and Development Board. The motion failed 2-5 (Messrs. Cwynar, Hay, Rodriguez and Saberson and Ms. Jaskiewicz dissenting). Vote The Recording Secretary called the roll to nominate Woodrow Hay as Vice Chair of the Planning and Development Board. The motion carried unanimously. 5. Approval of Minutes - May 25, 2004 Motion Mr. Cwynar moved to approve the minutes. Motion seconded by Vice Chair Hay and unanimously carried. Assistant City Attorney Tolces administered the oath to all persons who would be testifying. 6. Communications and Announcements Ao Final disposition of the March 22, 2005 Planning and Development Board Meeting agenda items. Mike Rumpf, Planning and Zoning Director, reported on the following: The Citrus Park Master Plan Modification for reduction of setbacks was approved. The Muvico at the Boynton Beach Mall major site plan modification and height exception were both approved. Two text amendments were heard on first reading. · The Quantum Park Height Amendment for the mixed-use POD was denied; · The Car Wash/M-1 Zoning District Amendment was approved on first reading. The Notice of Intent initiating a temporary moratorium in the M-1 zoning districts to provide staff an opportunity to do a zoning study within 180 days was approved by Resolution R05-060. Mr. Rumpf distributed a Memorandum he received from the Recreation and Parks Department. They are currently working with a consultant to develop a strategic plan for the Recreation and Open Space Element of the Comprehensive Plan. They would like Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 to have a workshop with this Board to present the consultant's findings. The study is not ready for distribution to the Board and he would like to determine how the Board would like to address this. Mr. Rumpf felt it was important that the Board be furnished this information well in advance to provide members an opportunity to review it. After review of the information, a workshop could be scheduled or it could be included on the agenda for a regular meeting. The consultant would also be present in either case. After discussion, it was determined to schedule a workshop one hour earlier on the same day as the Board's regular meeting. Mr. Rumpf will work on this and will advise members whether the workshop would take place before the May or June meeting, depending when the study is available. The workshop would take place from 5:30 p.m. to 6:30 p.m. Ms. Jaskiewicz inquired if the M-1 moratorium would affect the car wash on Congress Avenue. Mr. Rumpf stated all projects in the works would be excluded from the moratorium. Ms. Jaskiewicz inquired why a temporary moratorium was initiated for M-1 zoning. Mr. Rumpf felt it dealt more with aesthetics and looking at M-1 in proximity to major corridors that are entryways into the City. 7. Old Business None 8. New Business A. Abandonment Project: Agent: Owner: Location: Description: Florida Public Utilities (ABAN 05-001) Christopher Canino, Florida Public Utilities Florida Public Utilities Company South side of Old Boynton Road approximately 300 feet west of Winchester Park Boulevard Request to abandon a portion of an unimproved 30-foot wide road. Chris Canino, 405 U.S. Highway 1, North Palm Beach, Florida, assumed the podium. Chairman Wische asked the applicant if he agreed with staff comments and he stated he did. Chairman Wische inquired if the applicant received an affirmative response from Florida Power & Light and he stated they have received a response and FP&L has no objection. Eric Johnson, Planner, stated staff recommends approval, subject to the two staff comments. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 Chairman Wische noted there was no one in the public audience to address the issue. Motion Vice Chair Hay moved to approve the request to abandon a portion of an unimproved 30-foot wide road. Motion seconded by Mr. Casaine and unanimously carried. B. Code Review Project: Agent: Location: Description: LDR Revisions (CDRV 05-007) City Initiated N/A Proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 4.B, 4.J, and 5.A-5.E, relative to residential district building setbacks, and regulations for fences, walls, and sheds Ed Breese, Principal Planner, presented the item. Building Setbacks The City Commission requested staff during their review and re-write of the Land Development Regulations (LDR) to look at the setbacks in the residential districts due to the magnitude of variance requests that were coming to the City, most of which dealt with rear yard setbacks. While reviewing rear yard setbacks, staff determined to look at all the setbacks so homeowners would be able to expand their homes to add an additional bedroom, meet expanding family needs, etc. In so doing, families would be able to remain in the City instead of having to move. Staff will be making the recommendations (1) to reduce rear-yard setbacks in all single- family zoning districts from 25' to 20'; and (2) to allow an administrative adjustment for setbacks that could be handled in-house by staff. Mr. Breese reviewed the zoning changes that staff could administratively adjust regarding setbacks in R-1AA zoning districts for single-family homes as follows: Front setbacks of 25' with administrative adjustment could go to 20'. Rear setbacks would be 20' in all districts and with an administrative variance it could go to 15'. Side setbacks are currently 10' and, with an administrative adjustment, could go to 8'. Staff is also recommending the creation of special rear-yard setbacks for properties that abut railroad tracks, 1-95, lakes, the Intracoastal and properties that do not have a "neighbor" in their backyard. In these instances, the rear yard setback could go from 20' to 10'. This category would also include City and private parks. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 Ms. Jaskiewicz inquired if an administrative adjustment would go before the City Boards and Mr. Breese stated it would only be reviewed by staff. By handling these requests in-house, homeowners would not have to meet all the criteria for a variance. Ms. Jaskiewicz also inquired if the neighbors would be notified of these variances. Mr. Breese said this has not been addressed at this time. They want to look at the request before proceeding to notify neighbors. Staff will be looking at the neighborhood characteristics before any variance is approved. Mr. Saberson noted in the special rear yard setback category staff included "community perimeter walls." Mr. Saberson would like this category eliminated because he did not think the same concept would apply in this case. This would allow homes to be back-to- back with only a wall separating them. Secondly, if that person built an addition to their house, they would only be 10' from the community wall. Mr. Saberson felt this would allow homes to be too close to one another and should not be permitted in this instance. He requested that "community perimeter walls" be deleted. Mr. Breese pointed out that the special setback only applies to a first floor expansion. Mr. Breese recommended changing the language to state, "community perimeter walls that do not abut a single-family residential district, such as industrial, R-3, etc." Mr. Saberson would agree to this as long as it was anything other than residential. Mr. Breese stated staff would redraft the language in accordance with Mr. Saberson's request. Mr. Saberson also felt the criteria for a variance was too loose. He would like staff to look at it further to see if there was anything else they could require. Mr. Breese pointed out staff was requested to make it easier for people to expand their homes, rather than more difficult. Staff feels they have accomplished this with the recommendations being presented. If the current criteria for a variance were applied, it would defeat staff's intent. Mr. Breese recommended that the Board make a motion for all the items introduced, rather than doing them separately. ,,~ Accessory Buildings (storage structures). Mr. Breese explained that Boynton Beach has a 7' height restriction for sheds, which is quite stringent, and very few sheds are manufactured to this height. Therefore, staff is recommending the height of sheds be raised to a maximum of 9'. The code also requires that sheds must be placed 12' from the principal structure and today there are sheds that are manufactured that attach to a house. Staff discussed this with the Building Official and the Fire Marshal to determine if there was anything in their codes that prohibited a shed from being attached to or in close proximity to the principal structure. They indicated there was nothing in the code to prevent this. They also did not see a problem with having sheds attached to or placed Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 close a residence. Sheds, however, are prohibited from being placed in the front yard and must be placed in the rear or side yards. When this issue was brought before the CRA Board, they recommended sheds be screened from the street and view, where possible, and especially on corner lots. This could be done with fencing, a hedge or other type landscaping. Mr. Rodriguez inquired if there would be restrictions on the color and design of the sheds. Staff is not recommending this, since it is not done for residences. Mr. Saberson inquired how close a shed could be built to the rear and side yards. Mr. Breese stated the current code is 3' from any property line. Staff's recommendation contains this, as well as allowing sheds to be a maximum of 100 square feet, which is the current code. Mr. Rodriguez inquired if a permit was necessary for a shed and was informed a permit was required. Mr. Breese pointed out that homeowner association rules and regulations would still prevail over the City's requirements. Ms. Jaskiewicz inquired why this is now being brought up. Mr. Breese stated the City continues to receive complaints from people when they find out they can only have a 7' shed. Also, many people cannot place a shed 12' from their house. As a result, the City felt this needed to be re-addressed. Mr. Breese pointed out the standard for sheds is much larger than what the City allows. Mr. Rodriguez inquired why the City did not recommend 8', which is a standard height for most ranch homes. Mr. Breese pointed out that currently 9' high fountains are permitted in yards. Mr. Rodriguez requested staff to reconsider limiting the height of sheds to 8'. Mr. Casaine pointed out that the standard shed sold at Home Depot is 8'. Mr. Breese was amenable to recommending 8' instead of 9' to the Commission. Mr. Saberson recommended that this be included in the motion. There was a consensus to go with 8'. Fences, Walls and Sheds The CRA recommended fence heights for side and rear yards be increased from 6' to 8'. Mr. Breese inquired if this Board would also agree with this recommendation. This would include all types of fencing. Board members agreed to increase the height of fences to 8'. Mr. Baldwin inquired where the height of the fence was measured. Mr. Breese pointed out that a fence is measured from the natural ground. Mr. Saberson inquired about having a berm and a 6' wall on top and whether this would still be allowed. Mr. Breese explained PUD's are treated differently and are approved with a master plan. Staff is looking at single-family homes throughout the City. Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 Mr. Breese explained the current code was not clear where a 6' fence could be placed if the property were a corner lot. To rectify this, staff is recommending the following language: "Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, except that in front setbacks, from the building line forward to the property line, the maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot height limitation, in accordance with Chapter 2, Section 4.E, Visual Obstructions." Ms. Jaskiewicz inquired how this would apply to swimming pools. Mr. Breese stated swimming pools must have a 5' fence. If the pool, however, was located within a screen enclosure with the proper safety latches, a 5' fence is not required. Mr. Rumpf pointed out initially these recommendations did not include hedges, but once the process began, staff determined that hedges needed to be addressed. Mr. Rumpf requested that the Board provide him with their position on the height of hedges. Currently hedges are treated similar to fences and walls. There are, however, hedges within the City that are over 6' in height. Ms. Jaskiewicz pointed out that hedges serve as a sound wall for communities. She was in favor of allowing 8' hedges for this purpose. Mr. Rodriguez thought maintaining an 8' hedge would be difficult. Ms. Jaskiewicz pointed out that commercial landscapers normally maintain these higher hedges. Mr. Saberson inquired if staff felt a need to regulate the height of hedges. He was in favor of allowing hedges higher than 6'. Mr. Saberson stated hedge height needs to be regulated when there are site problems and at street intersections. Mr. Breese noted that currently hedges, walls and fences are addressed as one in the current code. Staff is proposing that hedges go to 8' and side and rear yards would be addressed the same way as walls and fences. If this Board wanted to bring something else forward, they should let staff know. Mr. Casaine recommended that this be discussed at the workshop to allow members an opportunity to come up with some suggestions. Ms. Jaskiewicz did not think that hedges should be included with fences. Motion Mr. Cwynar moved to approve staff's proposal to amend the Land Development Regulations, Chapter 2, Zoning, Section 4.B, 4.J and 5-A-5-E, relative to residential district building setbacks, and regulations for fences, walls and sheds with the following changes: (1) community perimeter walls would be deleted from the recommendation for rear yard setbacks that applies to any kind of residential; (2) the maximum height for Meeting Minutes Planning and Development Board Boynton Beach, Florida April 26, 2005 accessory buildings would be 8'; and the maximum height for fences, walls and hedges would be 8'. Motion seconded by Mr. Casaine and unanimously carried. Project: Agent: Location: Description: Building Colors along selected roadways (CDRV 05-009) City initiated N/A Proposal to amend the Land Development Regulations, Chapters 4 and 9 to limit building colors, and require the review/approval for changes to building colors for buildings located along Boynton Beach Boulevard, Federal Highway and Congress Avenue Mr. Rumpf reported that this item was not ready to be addressed. Attorney Tolces advised that no action on the Board's part was necessary. 9. Other None 10. Comments by Members None 11. Adjournment There being no further business, the meeting properly adjourned at 7:47 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (April 27, 2005)