Minutes 06-27-06
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD
HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
JUNE 27, 2006 AT 6:30 P.M.
PRESENT:
Lee Wische, Chair
Woodrow Hay, Vice Chair
Joseph Baldwin
Sergio Casaine
William Cwynar
Shirley Jaskiewicz
Sharon Grcevic, Alt.
David Tolces, Assistant City Attorney
Mike Rumpf, Director, Planning and Zoning
ABSENT:
Roger Saberson
Diana Johnson, Alt.
I. Pledge of Allegiance
Chair Wische called the meeting to order at 6:31 p.m. Mr. Casaine led the Pledge of Allegiance.
II. Introduction of the Board
Chair Wische introduced the members of the board. Mr. Doug Hutchinson, contract employee
for the City was also present.
III. Agenda Approval
Motion
A motion was made by Mr. Cwynar to approve the agenda. Mr. Casaine seconded the motion
that unanimously passed.
IV. Approval of Minutes
Motion
A motion was made by Vice Chair Hay to approve the minutes as presented. Mr. Cwynar
seconded the motion that unanimously passed.
V. Communications and Announcements.
A. Planning and Zonino Reoort
1. Final disposition of the May 23, 2006 Planning and Development Board
meeting Agenda items.
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27,2006
Mike Rumpf, Planning and Zoning Director, reported the items previously heard by the Planning
and Development Board were heard at the June 20th City Commission meeting. The time
extension for the Muvico Theater project at the Boynton Beach Mall, and Fosters Mill master
plan modification for setback changes were approved. The land use amendments and rezoning
for the Aspen Glen projects were approved. The conditional use, height exception, and new
site plan for the Pylon Interstate Plaza was approved. The annexation, land use amendment
and rezoning for Lake Trail Estates at the south end of the City along 1-95 were approved with
two conditions of approval. Those conditions required the lease for the billboard not be
extended and the billboard be removed upon expiration of the lease. The Forest Hill, Lot 3
variance and setback item were tabled for staff to research whether there was enough land for
a driveway construction.
Chair Wische addressed the audience and directed all individuals intending to speak, to stand
and be sworn in. Attorney Tolces administered the oath to all persons who would be testifying.
VI. Old Business
None.
VII. New Business
Additional Item
Comprehensive Plan Policies 1.9.5 and 1.16.1
Cycle 2-2006 Amendments
Comprehensive Plan Text Amendment
1.
Project:
Comprehensive Plan Policies 1.9.5 and 1.16.1
Cycle 2-2006 Amendments
City-initiated
Request to amend Future Land Use Element
Policies 1.9.5 and 1.16.1 of the City of Boynton
Beach Comprehensive Plan.
Owner:
Description:
Mr. Betfg Hutchinson, Dick Hudson, contracted employee for the City was present and
explained text amendments to the Comprehensive Plan are considered large-scale
amendments. He explained there are only two transmittal periods, per year, for any
submissions to be made. He clarified this is cycle number two for this year. He explained
large-scale amendments are transmitted to the Department of Community Affairs (DCA) for
review. DCA returns their comments to the City. If DCA has any objections, they would also be
indicated. The City can then adopt the changes.
Mr. Hutchinson Hudson explained the request for the two sets of amendments involved the
Future Land Use amendments, which pertained to the redevelopment efforts of Boynton Beach.
He clarified there were redevelopment areas in the City that were not governed by the
Community Redevelopment Agency (CRA). One amendment to the policies would allow a
corridor study on a portion of Woolbright Road between the Florida East Coast (FEe) railroad
tracks and 1-95 to take place. Mr. Hutchinson Hudson advised the north side had been
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27,2006
problematic for some time, and they had been trying to determine how to improve development
opportunities in the area without impacting the single-family residential neighborhoods to the
immediate north. The request would provide an opportunity to study the issue. Mr. Hutchinson
Hudson anticipated the density in the area would probably be changed to the lowest intensity of
mixed-use, or would be allowed to have the lowest intensity of mixed-use upon the request of
the property owners. Specific regulations were being promulgated for when properties abut
single-family homes to provide extra protections. Examples of those protections were increased
setbacks for commercial/mixed-use development along that area, restricting heights, and
having step-up areas when development abutted a residential neighborhood.
Mr. Hutchinson Hudson advised the second amendment was to Policy 1.16.1., which contained
all of the definitions of the land use categories found on the land use map. The definition of
Special High Density Residential reads, "It is restricted only to two areas in the City within the
CRA." Those areas were at the very north and south ends of the City and allowed for
residential development up to 20 units per acre. The City was considering workforce housing in
other sections of the City and Mr. Hutchinson Hudson explained a density bonus would be
needed for an incentive. Mr. Hutchinson Hudson advised goals would need to be set and he
anticipated the amendments would be adopted, and in final form, some time in late November
or early December. Mr. Hutchinson Hudson announced it was anticipated an Affordable
Housing program would be implemented within the City.
Mr. Hutchinson Hudson indicated the specific changes were reflected in the staff report. Ms.
Jaskiewicz noted this item applied to areas outside the Federal Highway corridor. She asked if
there was a specific reason why. Mr. Hutchinson Hudson explained the CRA had a Federal
Highway Corridor Redevelopment Plan to spark redevelopment in the corridor. He clarified the
concept now was not to restrict the density to only that corridor since workforce housing could
be implemented in other areas of the City. He emphasized, however, the density should only
be used for workforce housing purposes. Mr. Hutchinson Hudson also confirmed for Ms.
Jaskiewicz that if another piece of property became available on the corridor it would not be
excluded. Ms. Jaskiewicz noted an area on Golf Road, between US 1 and Sea crest was no
longer considered a primary commercial target area. Mr. Hutchinson Hudson responded the
north side of the road was rapidly developing. He repeated it was thought studying the
Woolbright Corridor would be more important since it was outside the CRA area.
Chair Wische opened the floor for public comments. There were no comments received. Chair
Wische closed the floor for public comments.
Mr. Cwynar spoke about Woolbright Road from the FEC tracks to 1-95 and noted there was a
water treatment plant, a cemetery, the Little League Field on the south side and on the north
side there was a 7-11 store, a small produce market and a few other small businesses. He
indicated there was not much available property. Mr. Hutchinson Hudson responded there was
redevelopment potential for all of those properties. For the property between the small
produce market and 1-95, there were a number of requests over the last three years to take
over the residential units and change them to commercial use. He clarified they did not have
an organized plan for them and the corridor study was to determine the feasibility to continue
commercial development. The language in the comprehensive plan read the land could convert
but it would need a large amount of land to develop. He clarified the requests they had
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
received were spotty requests and they would like to develop land in a logical progression from
the existing commercial to the west. He also added he did not believe they had enough C-1, C-
2 and C-3 regulations to protect the abutting single-family residential areas. They would like
extra measures there.
Chair Wische indicated a public hearing was held on this item by the CRA on June 13, 2006 and
noted the request entailed lands that would be voted upon by the Planning and Development
Board. He stressed the item was added to the agenda one day prior to the meeting. He
advised this was a very large-scale amendment, for which there was no public hearing, and the
board was expected to take action on it at the meeting. He thought it was a big push.
Mr. Casaine announced he was in favor of a redevelopment concept. He indicated there was a
lot of land involved with the item and he was pleased to see it being considered for
redevelopment. He commented, however, he thought there was a problem with population
density. More specifically, the amount of high or medium density compared to commercial
retail that was needed. He thought staff should offer a workshop for the board, giving as
complete a description as possible of what the intent of the item was and what was being
considered for redevelopment so the board could be oriented. He further announced, as far as
the amendments were concerned, he would like to make a motion that the item be tabled and
have staff offer a workshop or a special meeting providing the board an orientation about
what it is they were looking at that could be appropriate for retail, commercial, industrial, etc.
that could benefit the City of Boynton Beach.
Ms. Jaskiewicz requested confirmation the item was to provide an opportunity to study the issue
and not implement any changes. Mr. Hutchinson Hudson confirmed her understanding was
correct.
Motion
Ms. Casaine moved the additional item on the Comprehensive Plan Policy 1.9.5 and 1.16.1 Cycle
2-2006 of the Comprehensive Plan Text Amendments be tabled until they can have a clearer
orientation or workshop before the board actually votes on it. Vice Chair Hay seconded the
motion.
Vote
The secretary called the roll. Motion passed 6-1. (Ms. Jaskiewicz dissenting.)
A. Sonic Restaurant
Conditional Use
1.
Project:
Agent:
Owner:
Description:
Sonic Restaurant (COUS 06-002)
Jon E. Schmidt, Jon E. Schmidt & Associates
Winchester, Winchester, Zeiher & Schroeder, FL. GP
Request for Conditional Use/New Site Plan approval
for the 1,674 square foot fast good drive-in
restaurant and related site improvements on a 1.70-
acre parcel in a C-3 zoning district
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Chair Wische announced the request is for a conditional use/new site plan approval for a 1,674
square foot, fast food drive-in restaurant and related site improvements on a 1. 70-acre parcel in
a C-3 zoning district. The property is on Winchester Drive off Boynton Beach Boulevard. There is
an empty lot north of ABC Wine and Spirits store and about half the lot would be taken for the
project.
Chair Wische announced there were about 40 staff comments associated with the request. He
asked the applicant whether they agreed, disagreed, or needed any clarification of the comments.
Mr. Jon Schmidt, 2247 Palm Beach Lakes Boulevard, West Palm Beach, agent for the
project was present and agreed with all of the conditions. Mr. Schmidt also announced this will
be the first Sonic Restaurant in the tri-county area. Mr. Chris Bender, a partner in the project
was also present.
Mr. Ed Breese, Principal Planner for the City of Boynton Beach, reported the restaurant
would be located behind the Boynton Commons Center and was a drive-in restaurant where the
public parked under a canopy and would be served in the vehicle. There would be 10 tables with
four seats each. It was an outside eatery. Staff believed they had met the conditions and
recommended approval. Mr. Breese also complimented the applicants. He indicated the site was
difficult and they were diligent in bringing the project forward.
Chair Wische opened the floor for public comments. There were no comments received and
Chair Wische closed the floor for public comments.
Ms. Jaskiewicz inquired about the menu, hours of operation and exterior restrooms.
Mr. Chris Bender, 8496 York Road, Wellington, explained Sonic is an old-fashioned A&W
root beer styled establishment, serving hamburgers. The establishment would be open 24 hours
a day. There was a brief discussion about locking the outside restrooms. Mr. Bender explained
there is a door going into the restrooms separating the male and female restrooms that would be
locked.
Mr. Bender complimented staff and indicated they were very helpful with the project.
Motion
My Cwynar moved to approve the request for conditional use/new site plan approval for 1,674
square foot fast food, drive-in restaurant and related site improvements on a 1.70-acre parcel in
a C-3 zoning district with all staff comments. Mr. Baldwin seconded the motion that unanimously
passed.
B. Meadows PUD
Master Plan Modification
1.
Project:
Agent:
Applicant:
Meadows PUD (MPMD 05-013)
Steven L. Cohen & Associates, P .A.
Boynton Meadows, LLC
5
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Location:
Southwest corner of Congress Avenue and Hypoluxo
Road
Request for Master Plan Modification approval
For the addition of 34 town homes to the Meadows
Planned Unit Development (PUD)
Description:
Chair Wische announced there were no staff comments and staff recommended approval.
Mr. Steve Cohen of Steven L. Cohen & Associates, Inc., Architect representing the
developer was present and explained the project is part of Meadows on the Green, which was a
conversion from rental to condominiums. He explained there was a parcel of land left on the
property that was undeveloped and under the PUD, there were additional units that could be
constructed. He explained while undertaking the conversion, a portion of the land was carved
out of Parcel G, creating Parcel P. The request was platted as a separate entity off the property.
Mr. Cohen explained his client is seeking to place 34 townhomes on the property. They had
reconfigured the lake, keeping the same volume of water in the lake, and placed town homes
around the perimeter. The existing buffer on the west side of the property will remain as it was,
and heavy landscaping along the perimeter of the property was added. He announced everyone
would have a lake view. They have a cross-access agreement with the condominium association
to use the same facilities and the new residents will pay dues into the association for the use of
their pool area and tennis courts.
Mr. Ed Breese, Principal Planner explained the applicant carved out a portion of Tract G on the
condominium parcel and created Parcel P for the 34 additional townhomes. When the PUD was
originally approved, the developer did not construct the maximum number of units allowed. This
proposal was to construct 34 additional units. Mr. Breese explained this request was for the
master plan. The site plan would be heard next. Mr. Breese recommended approval.
Chair Wische recognized Mayor Jerry Taylor and Mrs. Taylor observing the proceedings.
Ms. Betty Tator, 17085 Bay Street, Jupiter was present. Ms. Tator was a homeowner and
Vice President of the recently formed Meadow on the Green Condominium Association who were
requesting the builder correct the violations before constructing the new units. She explained
there were code violations and apparent breach of contract obligations that presently exist.
The issues Ms. Tator reported were a wiring and lamp violation imposed by the Fire Department.
She indicated the builder committed to replacing roofs on buildings 1-18, however, only buildings
14-18 have been completed. The remaining buildings had visible gaps in the eaves and there
had been complaints about leaks within the last 30 days. Ms. Tator advised the patio frames
were missing in many units and many more needed screen replacements, which were to be fixed
by the builder. Electrical meter utility sheds were missing doors; security gates were not installed
or functioning and were installed without motors. Ms. Tator further reported condominium funds
were expensed to clean and prepare the lake area, but the remaining area behind units 1 through
12 was not cleaned and were appalling. Ms. Tator reported the patio at the model home used for
sales to potential buyers had a patio made of paver blocks. She reported after closings, the
pavers were removed and she advised said blocks were supposed to be put on all first floor units
and were not.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Ms. Tator advised the trash container area required repairs on gates, some were missing covers
and shrubs and the gate did not meet Code. The unit identifying numbers required by the
Boynton regulations are to be four inches in height and the square cement box used to attach the
numbers did not accommodate the 4-inch numbers. Several subcontracted projects were
completed and not paid.
Ms. Tator requested the board seriously consider the violations and require the builder complete
his contractual and moral obligations to the Meadow on the Greens Condominiums. The police,
she commented, call the complex "Ghetto on the Green". She advised they were a new board
and were committed to improving the appearance of the complex and making it an asset to the
community .
Mr. Casaine requested Ms. Tator provide a copy of her list of items to the secretary. He
explained the proposed project was an extension of a project previously approved. Mr. Breese
confirmed for Mr. Casaine that the proposal did adhere to what was initially proposed. Mr.
Casaine further expressed he thought the issues were serious items and thought Mr. Cohen
should have an opportunity to respond.
Mr. Cohen responded he was the architect for the project. He explained he was aware building
permits were submitted to the City and some of the items still had to be reworked. He
elaborated there were still problems with roofers, where part of a job was completed, the roofers
would leave for another job and then come back to finish. He was aware his client was working
diligently to complete the items. He offered to bring these matters to his clients attention the
next day, but clarified the project is on a separate plat of land. He elaborated they have a cross-
access agreement with the Meadows and were building fee-simple townhomes. Individuals would
own their own property. He clarified the request was not really an extension of the existing
project, rather it was a totally new concept which were townhomes in lieu of condominium two-
story walkups or with elevators. He emphasized he would definitely bring the matter to the
attention of the developer and further offered to take Ms. Tator's telephone number so the
project manager could contact her to resolve the issue within the next few weeks.
Ms. Casaine recommended Mr. Cohen also receive a copy of the list used by Ms. Tator. He
acknowledged the association representative was very concerned with what had already been
built, and understood there was a complete rehaul of the area, but thought the issues were of
concern so the entire area would have the aesthetics and security that was required. He
recommended an expression be given that the items would be corrected. Mr. Cohen reiterated
he would bring the issues to the attention of the developer first thing in the morning and have a
letter back to the Commission and Messrs. Rumpf and Breese by Thursday to determine when the
work would be completed. They would follow up with the board as well.
Mr. David Katz, 67 Midwood Lane was present. He expressed he did not think the area was
known as "Ghetto on the Green". He explained he lives in the Meadows in Windemere. He
commented the developer provided many enhancements to a property that was in disrepair and
the developer had greatly upgraded the property. He noted in reference to the townhome
project, this was a separate project and when Mr. Cohen attended a HOA meeting, he became
involved because he lives in the community and wanted to ensure the project would be first-class
and would enhance his property values. He commented he attended numerous meetings with
7
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
staff. He announced he knew the developer and that the developer handles properties worth
hundreds of millions of dollars. Mr. Katz expressed he thought the operation was top notch. He
also advised the developer had donated $50,000 for the Little League security system. The
homes would sell in excess of $300,000 and would enhance the tax base. He thought the board
should approve the request.
There were no other public comments and Chair Wische closed the floor for public hearing.
Ms. Jaskiewicz noted the site plan related to this request that would be heard next had many
conditions attached to it. She indicated her thoughts that some of the concerns could be
addressed then. Mr. Casaine agreed with Ms. Jaskiewiczs' comments. He agreed with Mr. Katz
that the project was totally separate but indicated the issues needed to be addressed.
Motion
Mr. Casaine moved the request for Master Plan Modification approval for the addition of 34
town homes to the Meadows Planned Unit Development (PUD) be approved. Mr. Baldwin
seconded the motion that unanimously passed.
C. Meadows Townhomes
New Site Plan
1.
Project:
Agent:
Owner:
Location:
Description:
Meadows Townhomes (NWSP 05-032)
Steven L. Cohen & Associated, Inc.
Boynton Meadows, LLC
100 Meadows Circle
Request for New Site Plan approval for 34
town homes and related site improvements on a
7.966-acre tract within the Meadows Planned Unit
Development (PUD)
Chair Wische announced the request was for a new site plan approval for 34 townhomes and
related site improvements on a 7.966-acre tract within the Meadows Planned Unit Development.
He advised there were 50 comments attached to the request and asked if the applicant agreed,
disagreed or needed clarification.
Mr. Steve Cohen of Steven L. Cohen & Associates, Inc., explained they had agreed to the
staff comments and most of them had to do with landscaping, buffer zones, the location of
dumpsters, which had been corrected since that time, and a few other items. He repeated they
were in agreement with the comments and will have them reflected on the plans prior to
permitting.
Mr. Breese displayed the site plan and showed the entrance to the condominiums. The units
were two story buildings with four to six units per building. Mr. Breese indicated staff
recommended approval of the project. He announced it was self contained and gated. The new
town home residents would share the pool and tennis courts with the adjacent condominium
development. The buffers were 18 feet and were in place along Nautica Sound. There would
also be Areca Palms and they would infill any area lacking Areca Palms. The closest townhome
8
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
building to the condominium was 110 feet away with landscaping between the two buildings.
Staff recommended approval of the request subject to the conditions of approval.
Chair Wische opened the floor for public comment.
Ms. Betty Tator, 17085 Bay Street, Jupiter, spoke about access to the property. She
indicated the papers the condominium board received revealed that in order for the new
town home owners to take access to the property, they would need to enter the Meadows on the
Green condominium complex. She wanted to ensure the board was aware of this aspect and
further indicated, since the new residents would be using the pool and tennis courts, more should
be done for the condominium owners. She ,explained she presented the problems they have to
the board and the building was being approved.
Chair Wische explained there were 50 staff comments attached to the request that the developer
would have to adhere to, and it was not carte blanche.
Mr. Breese indicated the cross-access agreement was a requirement contained in the conditions
of approval and was number 42.
Attorney Tolces clarified the developer would need to present proof of the cross-access
agreement with respect to the use of any existing condominium property that is currently in place
and the new development would be using.
Ms. Tator pointed out the townhome owners would need to enter through the gates. Attorney
Tolces responded he had not reviewed the condominium documents. He explained to the extent
that the new parcel being created was not part of the original declaration, the declarations of
Covenants and Restrictions would have to be amended or certain agreements would need to be
entered into by the existing condominium and the new townhome development in order for there
to be any cross-access or shared use of facilities. Attorney Tolces explained the issue was a
private matter between the condominium owners and the developer, and there were conditions
of approval which would have to be met and presented to the City at some point in time.
Mr. Cohen announced he had a copy of the documents that were given to each buyer. The
condominium documents contained all the covenants and restrictions and cross-access
agreements for the project. He offered to sit with Ms. Tator and review where the information
was contained. He also advised each homeowner, as required by state law, was provided with a
copy of the condominium documents that were specific to the project.
Ms. Jaskiewicz asked if it was appropriate for this project to have any references to the
condominium.
Attorney Tolces advised unless there was a specific connection between some of the issues that
were being raised in the proposed development, he did not think it would be appropriate for the
board to include, in its approval, any conditions related to the existing condominium buildings
that have already been sold.
9
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Mr. Casaine questioned the matter and thought there was. Attorney Tolces clarified the cross-
access agreements were already contained in the documents provided to the owners of the
condominiums that were sold. The other issues raised by Ms. Tator were private matters between
the association and the developer. Mr. Casaine expressed his thoughts there was no
communication between the developer and the condominium association to clarify the matter.
He thought recognizing the situation would put the residents' minds at ease. Mr. Cohen
reiterated they would be happy to review the issue with Ms. Tator and the condominium
association so they would be clear as to what was allowed and not allowed.
Vice Chair Hay inquired if the issues reported by Ms. Tator could be included as contingency
conditions. Attorney Tolces responded the issues put forward by Ms. Tator were private in nature
between the individuals who purchased the unit and the developer regarding the conversion from
apartments to condominiums. The application was for a site plan for a townhome development.
As long as the developer had the pieces in place for the townhome development, the board was
limited with respect to the condominium project that was previously converted and sold. Vice
Chair Hay expressed he did not want the issues raised by Ms. Tator to fall through the cracks and
thought they should be addressed.
Motion
Mr. Cwynar moved that the request for new site plan approval for 34 townhomes and related site
improvements on a 7.966-acre tract within the Meadows Planned Unit Development (PUD) be
approved with all staff conditions and recommendations. Vice Chair Hay seconded the motion
that unanimously passed.
Mr. Cohen complimented the Planning and Zoning Department. He expressed they were one of
the finest departments they ever worked with. They were very cooperative and helped them
through the process. Attorney Tolces made a friendly request to meet with the homeowners for
the condominium, prior to the request being heard by the City Commission.
D. Boynton Lakes North
Master Plan Modification
Description:
Boynton Lakes North (MPMD 06-002)
Fred Freimann, President of Boynton Lakes North
Homeowners Association
Boynton Lakes North Homeowners Association
Southeast corner of Congress Avenue and Hypoluxo
Road
Request for Master Plan Modification of the 'Boynton
Lakes North PUD to reduce the minimum rear yard
setbacks for water lots from ten (10) feet to two (2)
feet for hard roof and from five (5) feet to zero (0)
feet for screen roof enclosures, and to reduce the
minimum rear yard setbacks for interior or non-water
lots from ten (10) to five (5) feet for hard roof
enclosures and from five (5) feet to two (2) feet for
screened roof enclosures.
1.
Project
Agent:
Owner:
Location:
10
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Chair Wische announced the request was for a Master Plan Modification of the Boynton Lakes
North PUD. The applicant was not present. Chair Wische inquired if the board could hear the
request.
Attorney Tolces indicated the application was on the agenda and the board could consider the
request if it wanted to. He clarified it is the applicant's burden, in theory, to present their case or
justification for what they were seeking.
Chair Wische polled the members and there was consensus to hear the request. Mr. Breese
advised staff had no objections to hearing the request and felt fine presenting the application in
the absence of the applicant.
Mr. Breese explained the Homeowners Association (HOA) was requesting the master plan be
modified to reduce the minimum rear yard setbacks for building additions and screen room
enclosures as noted above. He indicated the HOA received many requests from its residents to
construct small additions at the rear of their homes, but could not because of the lot regulations
outlined in the master plan. As such they were requesting the modification. The plats were
depicted in a manner so that all lots appeared to have rear property lines that abut either water
bodies such as lakes or canals, or common areas and open space owned by the HOA. He
explained as a result, the individual lots did not share a common rear property line.
Mr. Breese advised the Lawrence Oaks and Lakes of Tara PUDs allowed screen rooms with a zero
rear yard setback and in the case of Lawrence Oaks; zero yard setbacks were only for those lots
abutting lakes, buffers or preserved parcels. In both of those PUDs, rear property lines were not
shared between neighbors. A previous master plan modification for Boynton Lakes North was
approved by the City in 2003, which allowed an amendment for rear yard setbacks for some lots
on Hastings Lane. That request was identical to this request for the entire PUD. Any proposed
improvements would be within the homeowner's property line. Some of the lots also had a rear
utility easement. If the intent were to construct something, the additions would need to stay out
of the utility easement, or a request for abandonment of the utility easement would need to be
made. Staff recommended approval of the request.
Chair Wische opened the floor for public comment.
Ms. Susan Efe, 44 Desford Lane, Boynton Beach, requested clarification about the request.
She explained the present setback was ten (10) feet and that this proposal would change it from
ten (10) feet to two (2) feet for hardwood enclosures. Mr. Breese responded her understanding
was correct. For screened enclosures the request would be changed from five (feet) to zero. Mr.
Breese explained those are for lots on the water. Ms. Efe explained she had a water lot, and
explained she was actually gaining land on the change. Mr. Breese responded the HOA felt the
majority of the residents would benefit from the ability to add-on to their home as opposed to
looking elsewhere to expand or find a bigger footprint in another development.
There were no other comments received. Chair Wische closed the floor for public comments.
11
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Motion
Vice Chair Hay moved to approve the request for Boynton Lakes North for Master Plan
Modification of the Boynton Lakes North PUD to reduce the minimum rear yard setbacks for water
lots from ten (10) feet to two (2) feet for hard roof and from five (5) feet to zero (zero) for
screened roof enclosures, and to reduce the minimum rear yard setbacks for interior or non-water
lots from ten (10) to five (5) feet for hard roof enclosures and from five (5) feet to two (2) feet
for screened roof enclosures subject to all staff comments. Mr. Baldwin seconded the motion that
unanimously passed.
D. RBC Centura Bank
New Site Plan
Description:
RBC Centura Bank (NWSP 06-016)
Joseph Marzi, P.E., and Russell Morrison, P.E., of
Kimley Horn & Associates, Inc.
1950 Congress Ave, LLC
Approximately 260 feet north of the northeast corner
of Old Boynton Road and Congress Avenue
Request for New Site Plan approval for a 3,920
square foot bank and related site improvements on
out lot #2 of The Boynton Town Center site.
1.
Project:
Agent:
Owner:
Location:
Attorney Tolces put the representatives for this project under oath.
Chair Wische presented the request for new site plan approval and noted the location was just
north of the proposed Target store.
Mr. Russell Morrison, Kimley Horn & Associates, Inc., explained they would be locating to
the south of the existing Target and to the west of the proposed Target. Mr. Morrison announced
he was in agreement with all staff comments.
Mr. Breese reported this was the first outlot to come before the board. He announced the bank
would be subject to the 25 foot front landscape buffer that applied to the Boynton Town Center
project. As a condition of approval, the buffer and other improvements such as the roads and
sidewalks would have to be completed before a Certificate of Occupancy would be issued. Mr.
Breese complimented the bank for their design, which was in keeping with the proposed designs
noted on the original Boynton Town Center plan. He appreciated all the efforts the applicant put
into the project and announced staff recommended approval of the request subject to the
conditions of approval.
Chair Wische opened the floor for public comments. There were no public comments received
and Chair Wische closed the floor to public comments.
Vice Chair Hay inquired about the shrubs and one of the renderings provided. He noted the
drawing did not depict landscaping.
12
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
June 27, 2006
Ms. Nancy Everhardt, 5815 West Park Drive, Charlotte, NC, architect for the project was
present. She clarified the drawing presented was more specific to the building design and not the
landscape design. She explained the landscaping planning design was included in the board's
back-up package. She commented there was a lot of landscaping and it would be an
enhancement to the design.
Mr. Breese explained there was a 25 foot landscape buffer along Congress Avenue and the drive
through facility was at the east side of the building facing the Target store.
Ms. Jaskiewicz asked when construction would begin.
Mr. Mario Seranto anticipated a five-month construction process that would commence in
December, 2006.
Motion
Mr. Baldwin moved to approve the request for new site plan approval for a 3,920 square foot
bank and related site improvements on outlot #2 of the Boynton Town Center site. Ms.
Jaskiewicz seconded the motion that unanimously passed. There was consensus the request was
subject to all staff comments.
IIX. Other
None.
IX. Comments by Members
Mr. Joseph Baldwin thanked the board for allowing him to participate in the City of Boynton
Beach. He announced this was his last meeting and he was leaving for North Carolina. He
thanked the City Commissioners and his fellow board members for their help and companionship.
The board wished him well and expressed he would be missed.
X. Adjournment
Motion
There being no further business, a motion was made by Mr. Casaine to adjourn. Vice Chair Hay
seconded the motion that unanimously passed. Meeting adjourned at 7:34 p.m.
Respectfully submitted,
n /1' . ~ .h
l {//I ('l/) - . 11 i/1JYyJaYY{
Catherine erry-Guberman
Recording Secretary
(062906)
13