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Minutes 05-23-06 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, TUESDAY, MAY 23,2006 At 6:30 P.M. Present: Lee Wische, Chair Woodrow Hay, Vice Chair Sergio Casaine William Cwynar Shirley Jaskiewicz RogerSaberson Diana Johnson, All. Sharon Grcevic, All. David Tolces, Assistant City Attorney Absent: Joseph Baldwin 1. Pledge of Allegiance Chair Wische called the meeting to order at 6:32 p.m., followed by the Pledge of Allegiance to the Flag led by Ms. Jaskiewicz. 2. Introduction of the Board Chair Wische acknowledged the presence of Vice Mayor McKoy and Commissioner Ensler, and then introduced the board members. Mayor Taylor was also present and arrived at 6:51 p.m. 3. Agenda Approval There were no corrections, deletions, or additions to the agenda. Motion Mr. Cwynar moved to approve the agenda, seconded by Vice Chair Hay. The motion unanimously passed. 4. Election of new Chairman and Vice Chairman Motion Mr. Casaine moved the present Chairman, Mr. Wische, be re-elected. Mr. Cwynar seconded the motion. A vote was taken. Motion passed 6 - 1 with Ms. Jaskiewicz dissenting. Ms. Jaskiewicz asked if there were other nominations. 1 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Motion Ms. Jaskiewicz moved that Woodrow Hay be nominated for Chairman. Motion died for lack of a second. Motion Mr. Saberson moved to nominate Woodrow Hay for Vice Chairman. Ms. Jaskiewicz seconded the motion. There were no other nominations. A vote was taken and the motion unanimously passed. 5. Approval of Minutes - January 24, 2006 Motion A motion was made by Vice Chair Hay to approve the meeting minutes as presented, and, after a second by Mr. Casaine, unanimously passed. 6. Communications and Announcements There were no announcements or communications. 1. Planning and Development Board meeting held in April. None. No meeting held in April. Assistant City Attorney Tolces put all people who would be testifying under oath. 7. Old Business: None. 8. New Business A. Lake Trail Estates Annexation 1. Project: Lake Trail Estates (ANEX 06-005) (fka Bermuda Bay) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National Lake Company, Inc. Location: Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive. Description: Request to Annex subject property (5.783 acres) Michael Covelli, Agent for the project with Caufield and Wheeler, Inc. was present. Chair Wische indicated the project meets all the criteria, but there was a statement indicating that unless the billboard is removed, staff would have to deny the request. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Hanna Matras, Economic Development Planner explained this condition has been a longstanding requirement. After discussion with the agent and the board, it was ascertained there is an existing contract on the billboard, set to expire in 2013. Assistant City Attorney Tolces explained the history of municipalities wanting to have billboards removed. It was thought at one time, there was an ordinance addressing this issue. Assistant City Attorney Tolces clarified whether there was an ordinance or not, the courts have required Cities to pay if a billboard has to be removed, and for all intensive purposes, the billboard remained. Mr. Covelli agreed to remove the billboard once the contract has expired at no cost to the City. There was further discussion about the applicant not renewing the billboard contract, removing the billboard upon expiration of the contract at no cost to the City, and whether those actions would satisfy staff's requirements. Ms. Matras explained billboards are generally not allowed under the City's Sign Code. There have been several instances within the last five years, in which the City was reviewing the requests for annexations, and the billboards were removed before the annexation. She did not believe the requirement was an ordinance but clarified the sign was not allowed per the sign code. Staff reviewed the subject property further. Assistant City Attorney Tolces also indicated there is a provision in the land development regulations regarding non-conforming signs which states if there is a billboard sign in Palm Beach County that is annexed into the City of Boynton Beach after the date of adoption which was June 21, 1994, that sign shall be brought into compliance with all provisions of the sign code within five years following the date of annexation. However, the billboard on undeveloped land shall be brought into compliance as a condition precedent to the issuance of any development order prior to that five-year period. Assistant City Attorney Tolces explained they need to have the billboard removed prior to the issuance of the development order otherwise they had to wait five years. In view of the existing contract, the sign would probably run to the end of the contract, otherwise the City would have to pay for the remaining years the property owner would lose. This was the provision contained in Section 7 of Chapter 21, Signs, Land Development Code, which provides the mechanism for the removal of the sign prior to the issuance of the development order. Assistant City Attorney Tolces would need to do more research to determine whether the City would have to pay prior to the expiration of the contract. Mr. Covelli explained the north portion of the property is already within city limits and was a voluntary annexation. The billboard is further south. The master plan was changed and the lots were made larger. The issue with the billboard can affect the timing of when the project can be developed. He indicated the lease on the billboard is a binding contract and the loss of revenues would need to be calculated. He expressed the owner would be looking for compensation. The easy answer would be to approve the annexation and rezoning and only develop the northern portion of the property. Mr. Covelli explained that would fragment the project and he was looking to develop the property as a unified project. This issue was pure economics. Chair Wische acknowledged the presence of Mayor Taylor in the audience. Chair Wische opened the floor to public comment and received comments from the following individuals: 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Jeff Liggio, 3835 South Lake Drive, indicated the lot frontage on the existing homes has 150 square feet (sf) of frontage. He explained, initially, the owner was planning on building 17 homes on the north property and another five homes in the annexed area. He explained that changes the character of the neighborhood. He expressed the residents suggested something closer on the lots on their side of the property and compromised at 90 feet frontage with 10ft setbacks. He asked the board, in considering the rezoning, mandate the lots be somewhat closer to what they have now which is about 120/110 feet of frontage with more of a setback. They feel the plans are very close to zero lot line homes. Mr. Liggio explained there is at least 50 - 60 feet between the existing homes. Mr. Robert Gallik, 3724 Diane Drive, explained his home is the first property north and across the street from the billboard. He explained he had no issue with the billboard remaining until the expiration of the contract, but his concern was that down the road, there could be plans for town homes. He explained if there were just 22 residential lots, plus the annexation, which would increase the number of lots to 27 or 29 lots, and were single-family homes, he would have no objection. He inquired whether the low-density residential zoning classification allowing 4.84 du/ac (dwelling units per acre) could accommodate town homes. It was explained town homes are not a permitted use under the land use regulation and zoning classification that is being requested and proposed for this district. Chris Ciasulli, 3708 Diane Drive, spoke about traffic and expressed concern the street would become a "racetrack" for traffic coming from Mission Hill. He explained there are children present. The current speed limit is 25 miles per hour. Denise Zupo, 3509 Diane Drive, agreed with Mr. Ciasulli's concerns and also expressed concern regarding traffic. She inquired who would be responsible for maintaining the bridges with the increase in traffic and construction vehicles traveling the roadway. She explained she and her husband have noticed the bridges are showing signs of cracking and in the past the City has rebuilt and reinforced the bridges. She was looking for assurance the City of Boynton Beach would maintain and control the development process and bridge maintenance. She added the bridge is the only way in and out of the development. Assistant City Attorney explained there are no changes as far as public streets, which the City maintains. It was also noted the project would reduce the traffic counts for that road by 245 trips as a result of the change to the residential zoning classification rather than the current industrial use zoning. AI Tyll, representing himself and two neighbors, Dr. Julio Rodriguez, 3855 S. Lake Drive, and Julio C. and Emilio Rodriquez, 3865 S. Lake Drive, indicated his concerns were the proposed development would not be constructed within the same character of the neighborhood. He explained the one aspect that does not meet the character is the size of the lot. He concurred with Mr. Liggio and requested the zoning be changed to a lower density, R1-AAA, which is more restrictive than what is being proposed. He also indicated the individuals who will live there will be boaters or will use the lake. He explained there would be 22 docks, boats, trailers and jet ski's. There may be additional vehicles. He cautioned if there are too many homes in the area, it would be a mish mash and not in the character it should be. He invited the board members to view the property and gave permission for the board to inspect the area from his yard. Chair Wische closed the floor to public comments. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 The board expressed its concerns about annexing the property with the existing billboard and the legal ramifications and costs to the City. Assistant City Attorney Tolces explained the property can be annexed in, but the code recognizes circumstances in which there would be a non-conforming sign on the property. How the City and the property owner deals with the sign after the property is annexed, are issues that could be addressed subsequent to the annexation. Attorney Tolces clarified the conditions placed on the annexation would be carried over as recommendations to the City Commission. Attorney Tolces explained the matter would need to be studied and this could occur before the matter reaches the City Commission. It was noted a development agreement between the affected parties could be reached, but it may be necessary to bring them all together to reach accord and at what point in time this would occur was unknown. There was further discussion about having the property owner enter into some type of agreement so the City would not have to pay to remove the sign. In return, the City would not take action to enforce the Sign Code, or add a Hold Harmless agreement as a condition for approval, would alleviate the City's liability. Mr. Covelli agreed to take down the sign once the lease expired and indicated if there was a mechanism by which the details could be worked out, he would be amenable to that. He reiterated the issue is the lease needs to run and if it ran until expiration there would be no cost to anyone Motion Mr.Casaine made a motion in reference to the request for annexation of the 5.73 acre subject property that the request should be approved with the following conditions: . The legal ramifications do not tax the City in any way as far as the billboard is concerned. . The billboard comes down after seven years as the applicant has expressed; and . The responsibility the City has as far as cost is concerned and the approval of the annexation is examined and to ensure the City is protected. Vice Chair Hay seconded the motion. Assistant City Attorney Tolces indicated the wording protects the city, provides an opportunity to review the issue and work with the property owner. The board further discussed an amendment to include the builder/developer would be allowed to proceed with the development of the land. Assistant City Attorney Tolces indicated the board can make a recommendation to the City Commission directing staff to take any steps that are legally authorized and necessary to allow for the development order to be issued; notwithstanding, the language currently in the Land Development Regulations. It would be an exception or waiver, because of the billboard, the development could not occur. Assistant City Attorney indicated he would need to review the code to determine the proper tool to use, i.e., a variance or waiver to the Code or whether an amendment or some type of agreement would be needed. This would take place between the time of the annexation and prior to the development, with the City Commission's input and direction from staff. Motion 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Mr. Casaine indicated the attorney's comments, as were explained, were included in his motion. Mr. Casaine further agreed to the amendment. Vice Chair Hay agreed to the amendment. A vote was taken and the motion unanimously carried. Land Use Amendment/Rezoning 2. Project: Lake Trail Estates (LUAR 06-012) Agent: Michael J. Covelli, Caufield & Wheeler, Inc. Owner: National Lake Company, Inc. Location: Adjacent to and east of 1-95, west of Lake Ida, west of South Lake Drive. Description: Request to amend the Comprehensive Plan Future Land Use Map from Industrial (Palm Beach County) to Low Density Residential (4.64 du/ac); and Request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single-Family Residential Proposed Use: 22 single-family residential homes Hanna Matras announced in terms of the land amendment and rezoning, staff had no objections. She indicated all the conditions were met. Chair Wische reminded staff of the comment that staff would recommend denial if the billboard condition could not be met. She explained the way it was worded was that unless the applicant could find a legal solution that would satisfy the City, the development order could not be issued. Mr. Covelli explained they had been working through this process for some time and the master plan had been changed a number of times. When the process is finished, as far as annexation and rezoning, the next step would be to fine tune the plan and develop it into a calculated plot plan as a plat. He elaborated the board members and staff do not have the same plan. The original plan submitted showed 22 lots and the current plan has 20 lots showing an increase in the lot frontage based on discussions with some of the residents. The smallest lot has 90 feet of frontage and the shortest depth is 170 feet. He explained there are some lots that exceed the 90 foot lot frontage. Chair Wische opened the floor to the public for the request to amend the Comprehensive Plan Future Land Use Map (FLUM) from Industrial (Palm Beach County) to Low Density Residential (4.84 du/ac). Chair Wische explained after the first request, they will proceed to the third item. He requested comments already received not be repeated. Mr. Tyll requested the board raise the density category to R 1-AA, which requires 100 feet of frontage and a minimum of 12,500 sf per lot. Assistant City Attorney Tolces clarified Mr. Tyll was referring to the R1-AAA zoning classification. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Mr. Liggio disputed the suggestion that there are lots having frontage greater than 90 feet. He said that square footage is not on the frontage and emphasized it is the frontage across the lake that is important, not facing 1-95. He supported Mr. Tyll's request for rezoning to the R1-AAA classification. Mr. Charlie Bowie, 3800 S. Lake Drive inquired about the entranceway from Lake Ida Road. Assistant City Attorney Tolces explained that land would be in Delray Beach. Staff concurred with Assistant City Attorney Tolces. Staff indicated the property separating the two parcels is not included at this time. Mr. Bowie further inquired about the traffic. He indicated the property is not being used and he did not view the rezoning as a reduction of 240 trips. Additionally he supported his neighbor's request about having the 100 foot frontage facing the lake as a minimum. Mr. Covelli clarified with zoning frontage, the frontage is the lot frontage at the street, not the rear property line along the lake. The zoning code specifies frontage as the building setback line at the front of the house. He explained residents are discussing how wide the lots are, and asked the board to note the smallest lot is 15,300 square feet. The largest lot is 30,579 square feet. He explained a typical lot size is 120 x 150. There are similar square footages, but the configuration of a particular parcel is such, that if there were frontage on both sides of the roadway, it would be considered and the number of the lots would be increased. He emphasized the determination was made that the road would run along the west side of the property, and then the single row of lots would have all homes as waterfront homes. He reported land is sold at square footage and then the overall parcel would need to be looked at. He added they are good size lots but they are not as square as a conventional lot, they are more rectangular, offering a lot of area from front to back. They are not building it as a square lot. He expressed in creating the lots in that manner, they are compatible in terms of size and provide an opportunity for varying the locations of houses, in terms of distance to the lake or the street. Chair Wische closed the floor to public comments. Motion A motion was made by Mr. Saberson to approve the staff's recommendation with respect to the Land Use Classification. Ms. Jaskiewicz seconded the motion that unanimously passed. The board then addressed the rezoning portion of the item. Chair Wische opened the floor to public comments. Mr. Liggio indicated R1-AAA has a side setback of 30 feet. He indicated irrespective of whether the lake is the frontage or the rearage, the importance of the lower density is, there is a 30 ft setback on the side of the lot, which would force lower densities and preserve the character of the neighborhood. He asked for a motion for R1-AAA to have the developer construct the homes in the neighborhood in that classification. Mr. Tyll supported Mr. Liggio's comments. He disputed the applicant's comment that the 18 to 22 lots would be in keeping of the neighborhood and indicated it was in keeping with his plans. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 He requested the board consider the concerns of the residents in order to preserve the neighborhood character. Ms. Sharon Tapie, 931 SW 35th Ct., expressed she does not live on the water, but did not believe the plan was in character with the neighborhood, and would change it. She indicated 100 sf of lot frontage is needed. Chair Wische closed the floor to public comments. The lot size of the properties on Diane Drive was R1-AAB, with a minimum lot size of 9,000 sf with 25 ft front and rear yard setbacks and 10ft side setbacks. The zoning on S. Lake Drive was also R1-AAB. Some board members questioned how more restrictive zoning could be instituted than the zoning already in place. Staff indicated the request was for 22 homes and is now for 20 homes. The lots would have a minimum of 90 sf of frontage, which meets the R1- AAB frontage and minimum lot areas. David Paladino, owner of the former Grimes Aerospace warehouse was present and explained he wants the project to be high quality. He would encourage individuals to purchase two lots and place one home on them. He further explained originally he was speaking with a developer who wanted to put 300 town homes, and reconsidered the request. He thought considering the property was Industrial, that the new zoning would be an improvement. Motion Ms. Jaskiewicz moved to approve the request to rezone from Light Industrial (IL) (Palm Beach County), and R1-AAB Single-Family Residential to R1-AA Single-Family Residential subject to all staff comments. Mr. Casaine seconded the motion, which unanimously carried. B. Aspen Glen Annexation 1. Project: Aspen Glen (Anex 06-006) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to annex subject property (9.34 acres). Bradley Miller, Miller Land Planning Consultants, Inc., was present and requested the land be annexed to accommodate zero lot line homes as part of a Planned Unit Development (PUD). He explained they are finalizing the site plan application which will come back before the board at a later time. In reference with all three requests, he indicated he is in agreement with all of staff's conditions for them. Vice Chair Hay left the dias at 7:43 p.m. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Kathleen Zeitler, City Planner indicated staff recommended approval and the requests were consistent with the City's adopted policies and regulations. She reported the request is compatible with the surrounding subdivisions of Nautica Sound and Jonathans Grove. Vice Chair Hay returned to the dias at 7:46 p.m. Chair Wishce opened and closed the public hearing. The typical lot size will be 45 feet by 110 feet, for a total of 4, 950 sf and a maximum lot coverage of 50 percent. Nautica Sound is also a zero lot line subdivision having the same density. Jonathans Grove subdivision has single-family detached homes with the same density as Aspen Glen. Ms. Sharon Grcevic indicated there was a strip of land between the two parcels and received clarification that the project was immediately adjacent to Jonathan's Grove and the two parcels were contiguous. The board discussed a project that was recommended for denial, but approved in March by the City Commission for 90 town homes on less acreage than the request. Ms. Zeitler explained this project has 45 detached single-family homes. Motion A motion was made by Mr. Cwynar to approve the annexation of the subject property subject to all staff comments. Vice Chair Hay seconded the motion that unanimously carried. Land Use AmendmentlRezonintJ 2. Project: Aspen Glen (Anex 06-013) Agent: Bradley Miller, Miller Land Planning Consultants, Inc. Owner: Lawrence Development Group, LLC Leonard Albanese, Managing Member Location: East side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road Description: Request to amend the Comprehensive Plan Future Land Use Map from Medium Density Residential (MR-5, Palm Beach County) to Low Density Residential (LDR); and Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD) Proposed Use: 45 Zero lot line Single-family homes Kathleen Zeitler indicated staff recommended approval subject to all staff conditions. Chair Wische opened and closed the floor for public comments. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Motion A motion was made by Mr. Cwynar to approve the request to amend the comprehensive plan from Medium Residential MR-5 to Low Density Residential subject to all staff comments. Mr. Hay seconded the motion that unanimously carried. Motion A motion was made by Ms. Jaskiewicz to approve the request to rezone from Agricultural Residential (Palm Beach County) to Planned Unit Development (PUD) subject to staff comments. Mr. Casaine seconded the motion that unanimously carried. C. Pylon Interstate Plaza Conditional Use 1. Project: Pylon Interstate Plaza (COUS 06-004) Agent: Steven L. Cohen Owner: Chambers Properties, LLC Location: 1501 Corporate Drive Description: Request for conditional use/new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861 acre parcel in the C-1 zoning district. Chair Wische presented the item and asked the Agent, Mr. Cohen, if he agreed with all of staff's comments. The Agent, Steven L. Cohen indicated he was in agreement with all of the staff conditions. Mr. Breese, Principal Planner indicated staff recommended approval. Chair Wische opened and closed the floor for public hearing. Motion Vice Chair Hay moved to approve the request for a Conditional Use for new site plan approval to construct a two (2) story, 29,419 square foot building and related site improvements on a 2.861-acre parcel in the C-1 zoning district with all staff comments. Mr. Casaine seconded the motion. Heiaht Exception 2. Project: Pylon Interstate Plaza (COUS 06-003) Agent: Steven L. Cohen Owner: Chambers Properties, LLC 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Location: 1501 Corporate Drive Description: Request for Height Exception approval to allow a decorative hip roof over the proposed elevator shaft at a height of 53 feet- 6 inches, a total of 18 feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning district. Chair Chair Wische presented the item and indicated staff recommended approval without any staff comments. Chair Wische opened and closed the floor for public hearing. Motion Ms. Jaskiewicz moved to approve the Request for Height Exception approval to allow a decorative hip roof over the proposed elevator shaft at a height of 53 feet- 6 inches, a total of 18 feet above the 35 foot height limit for buildings constructed over parking in the C-1 zoning district. Vice Chair Hay seconded the motion that unanimously carried. D. Forest Hill Lot 3, Block 2 ZoninQ Code Variance 1. Project: Owner: Location: Description: Forest Hill Lot 3, Block 2 (ZNCV 06-007) Agent: Octavia Sherrod City of Boynton Beach South side of SW 23rd Terrace approximately 255 feet west of SW 6th Street. Request for relief from the City of Boynton Beach land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a minimum lot frontage of seventy-five (75) feet to allow a thirty-four (34) foot variance for an odd shaped remnant lot as a result of 1-95 taking, resulting in a forty-one (41) foot frontage for a proposed single-family residence within the R1-M single family zoning district; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 5.C.2.a, requiring a minimum rear yard setback of 20 feet to allow a five (5) foot variance, resulting in a fifteen (15) foot rear yard setback for a proposed single-family residence within the R1-M single-family zoning district Mr. Breese explained the applicant is the City of Boynton Beach and further explained Community Development is looking to infill develop the lot. The northwest corner of the lot was 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 taken with 1-95 taking. In order to fit a reasonable home on the property, a variance would be needed and the home would need to be situated further back on the property. The City of Boynton Beach assists first time homebuyers. Chair Wische opened the floor for public comments. Ms. Maryann Tillet, 710 SW 23rd Terrace, explained the property is a small pie shaped property and expressed concern that the home will be right on, top of her driveway. She was concerned about her property being ruined by the construction vehicles encroaching on her property to access the lot. She explained her neighbor Olga Correa was opposed to the request and believed the home would be undersized and not in keeping with the character of the neighborhood. Mr. Cwynar indicated he would not vote and would step down to speak to the board. He clarified he lives in the subdivision. Assistant City Attorney indicated he did not need to file a conflict of interest and could vote and requested he limit his comments from the dias. Ms. Tillet explained her driveway is on the left side of the lot and there is a wall that comes out at an angle. They would have to encroach on her property to access the parcel. She explained the City, when they maintain the lot, used to drive across her lot to do the work. She also indicated he was interested in purchasing the lot, but did not receive a complete answer and was unaware the County owned it. Chair Wische closed the public hearing. Mr. Cwynar explained he lived in the subdivision since 1974. He expressed with the increase in home values, the lot is not the appropriate location to put the home. He concurred with Ms. Tillet and announced the wall is very close to the lot and thought the City should make a handsome offer to purchase the lot and not build a home there. The board discussed the request and some members indicated it would be a mistake to put the home there. The property has 80 or more feet of frontage. Mr. Breese explained the property meets the minimum requirements for lot area and the home would meet the setback requirements for the front and side yards, but would need 5 ft reduction from the rear yard setback. The board further discussed the property meets the criteria for a variance with the 1-95 taking and meets all the requirements other than the frontage requirements. The board noted the lot is much bigger than some of the lots that were approved by the board earlier in the meeting. Motion Mr. Saberson moved for approval of the request subject to all of staff's recommendations. MS.Jaskiewicz seconded the motion. A vote was taken and the Recording Secretary called the roll. Motion passed 4 to 3, with Chair Wische, and Messrs. Cwynar and Casaine dissenting. E. Fosters Mill Master Plan Modification 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 1. Project: Fosters Mill (MPMD 05-010) Agent: George Delarosa, President of Fosters Mill HOA Owner: N/A Location: North side of Miner Road between Congress Avenue and Lawrence Road. Description: Request for Master Plan Modification of the Fosters Mill P.U.D. to reduce the minimum side yard setback from ten (10) feet to eight (8) feet and the minimum rear yard setback from five (5) feet to three (3) feet for screened roof enclosures, and to reduce the minimum rear yard setback for pools from eight (8) feet to five (5) feet. Chair Wische read the request and indicated staff recommends approval without any staff conditions indicated. The agent, George Delarosa was present. Mr. Breese, Principal Planner for the City indicated this request was similar to Citrus Glen approximately a year ago. He explained this situation had a master plan with the same side setback for pools and for screen rooms. That meant if someone built a pool, then sold and the new owner decided to screen in the pool, the owner would have a problem because the screen would be at waters edge on that side. He elaborated the applicant requested staff revisit the issue and look at an eight foot setback for the screen room, and also look at allowing them more flexibility for the construction of pools for the future. The request would reduce the rear yard setback for pools from eight feet to five feet, thereby, at the same time, changing the screen room enclosure for the rear yard setback from the existing five foot to three feet. The unique issue with this PUD is almost every lot in the development either backs up on the 20 feet landscape perimeter buffer, or on one of the lakes or common areas. There are eight lots, which back up to other lots and for those lots, staff was recommending that they retain the current master plan designation for rear, pool and screen enclosure setbacks. Chair Wische opened and closed the floor for public comment. The board discussed the item and noted the developer involved in designing the subdivision, caused the issue with the setbacks. The developers should not have been allowed to develop the subdivision the way they did. The board also noted with the common areas adjacent to the affected properties that staff was recommending approval. It was a prior situation that required the present request. Motion A motion was made by Mr. Casaine to approve the request for Master Plan Modification of the Fosters Mill P.U.D. to reduce the minimum side yard setback from ten (10) feet to eight (8) feet and the minimum rear yard setback from five (5) feet to three (3) feet for screened roof enclosures, and to reduce the minimum rear yard setback for pools from eight (8) feet to five (5) feet. Vice Chair Hay seconded the motion that unanimously passed. F. Muvico Theaters 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida May 23, 2006 Site Plan Time Extension 1. Project: Muvico Theaters (SPTE 06-004) Agent: George Figler, Muvico Theaters Owner: Boynton, JCP Associates, LTD. Location: 301 North Congress Avenue Description: Request for site plan time extension approval for Muvico Theaters and 17,528 square feet of retail space at the former Macy's mall entrance granted on April 19, 2005, from April 19, 2006 to April 19, 2007. The agent, George Figler, 3101 N. Federal Highway, Ft. Lauderdale, was present. Chair Wische read the request. Mr. Figler explained market conditions have driven the developer to delay the project. They had immediately went into permitting after the initial approvals and expected to be finished with permitting within the next 30 to 60 days, with the intent to build immediately thereafter. The construction is typically a 12-month build-out, and for the movie business, they would like to be up by July of next year. Motion Mr. Cwynar moved to approve the request for site plan time extension approval for Muvico Theaters and 17,528 square feet of retail space at the former Macy's mall entrance granted on April 19, 2005, from April 19, 2006 to April 19, 2007 subject to all staff comments. Ms. Jaskiewicz seconded the motion that unanimously carried. 8. Other None. 9. Comments by members None. 10. Adjournment Motion A motion was made by Mr. Cwynar and seconded by Mr. Hay to adjourn. A vote was taken and the motion unanimously carried. Meeting adjourned at 8:18 p.m. . R. eWlctfUIIY sUbmirM (1 { I -1..11.))) - , l/J;vm Catherine c~rry-Gu erman Mt Recording Secretary 052406 14