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Minutes 11-28-06 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA NOVEMBER 28, 2006 AT 6:30 P.M. PRESENT: Lee Wische, Chair Woodrow Hay, Vice Chair Jon Blehar Sergio Casaine William Cwynar Shirley Jaskiewicz Roger Saberson Matthew Barnes, Alternate Sharon Grcevic, Alternate David Tolces, Assistant City Attorney Mike Rumpf, Director, Planning and Zoning 1. Call to Order and Pledge of Allegiance Chair Wische called the meeting to order at 6:30 pm and led the Pledge of Allegiance. 2. Introduction of the Board Chair Wische introduced the members present. Also present was Mayor and Mrs. Taylor, and Commissioner McKoy. 3. Agenda Approval Ms. Jaskewicz requested the Site Plan Time Extension items, Dl, Cortina, and El, High Ridge, be moved up on the agenda. Motion Mr. Cwynar moved to approve the agenda with the changes. Vice Chair Hay seconded the motion that unanimously passed. 4. Approval of Minutes Motion Ms. Jaskewicz moved to approve the minutes as presented. Mr. Cwynar seconded the motion that unanimously passed. S. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the October 24, 2006 Planning and Development Board meeting agenda items Meeting Minutes Planning and Development Board Boynton Beach, FL November 28,2006 Mike Rumpf, Planning and Zoning Director, provided an update and announced the City Commission will review the Ocean 95 Exchange Plaza item on December 5, 2006. The redevelopment item, which created additional mixed-use districts, as well as modified existing mixed-use districts, was approved on first reading. The Bru's Room Major Site Plan Modification and Conditional Use as a nightclub were approved. The Aspen Glen New Site Plan was approved. The Boynton Village SMU, Building M, New Site Plan on out lot #5 was approved. He reminded the members the December meeting of the Planning and Development Board was cancelled by prior direction of the board. Chair Wische announced anyone wishing to speak on any item on the agenda must be sworn in. Attorney Tolces administered the oath to all individuals who would be testifying. 6. Unfinished Business None. 7. New Business D. Cortina at Boynton Village Site Plan Time Extension (Withdrawn) 1. Project: Agent: Location: Description: Cortina at Boynton Village (SPTE 06-012) Stephen B. Liller, K. Hovnanian Homes Boynton Village, NE corner of Old Boynton Rd. and Congress Ave. Request for a 12-month site plan time extension for site plan approval granted on September 20, 2005, to extend site plan approval from September 20,2006 to September 20,2007. Ed Breese, Principal Planner, announced that due to notification issues, the applicant withdrew the Cortina at Boynton Village Site Plan Time Extension item. This item would be heard at the next board meeting. E. High Ridge New Urban PUD Site Plan Time Extension 1. Project: Agent: Location: Description: High Ridge New Urban PUD (SPTE 06-013) New Urban High Ridge, LLC High Ridge Road and Miner Road Request for a 12-month site plan time extension for site plan approval granted on September 20, 2005, to extend site plan approval from September 20, 2006 to September 20, 2007 Mr. Breese explained the applicant was not present. There was consensus to hear the item when the applicant arrived. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 A. Evaluation and ADDraisal ReDOrt Revision. (EARl 1. Project: Agent: Description: EAR Revision City of Boynton Beach Request to review the revised EAR, which addresses the deficiencies identified by the Department of Community Affairs (DCA) in the original EAR Report. Hanna Matras, Economic Planner, reviewed the item. In December 2005, the City adopted and transmitted to the Department of Community Affairs (DCA), the original Evaluation and Appraisal Report (EAR). The DCA identified some deficiencies, which the City addressed. The DCA informally reviewed the EAR prior to the second transmittal, and to date, no deficiencies have been identified. Specifically, there were problems with the lack of financial visibility analysis of the Comprehensive Plan, which had become a big issue within the State. The amendments that would follow the EAR next year would review the CIP Budget and amend the CIP Element to meet the new requirements. Additionally, they reviewed the changes in Statutes and developed a more extensive analysis of the Comprehensive Plan elements advising which were successful and what issues needed to be addressed. The State suggested the Affordable Housing Element be added to the City's issues, so they were. She advised the report was ready for transmittal to the State and they were reasonably sure the report would meet the States requirements. Ms. Jaskiewicz had a question about the CRALLS (Constrained Roadway at Lower Levels of Service) program as a means of meeting the affordable/workforce housing needs of the City, and about County income studies for affordable housing. Ms. Matras responded the CRALLS program was in effect at Gateway and Congress Avenue and at a link on Old Boynton Road. The price of affordable housing is $287K and Ms. Matras noted, if looking at the income rates given the tax and insurance fees, $287K was not affordable. She explained if an applicant used the City and County subsidies, an applicant could qualify for a mortgage tied to that price. Motion A motion was made by Mr. Cwynar to recommend transmittal of the EAR Revision. Mr. Saberson seconded the motion that unanimously passed. B. Miraflor Annexation 1. Project: Agent: Owner: Location: Description: Miraflor (ANEX 06-009) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. Request to annex the subject property (3.87 acres). Bradley Miller, the agent for the project, was put under oath, along with others not previously sworn in. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Chair Wische read the request for the annexation. Kathleen Zeitler, Planner, explained the applicant was requesting to annex the project and change the Future Land Use classification from Palm Beach County Institutional to High Density Residential at 10.8 du (dwelling units) per acre maximum, and to rezone from Multi-family Residential, Palm Beach County, to Multi-family Residential R-3 in the City. Staff reviewed the project according to the criteria for rezoning and Land Use amendments and recommended approval contingent upon the request being consistent with the objectives of the City's Annexation Program and Comprehensive Plan including concurrency. The request was consistent with the surrounding developments, especially the properties to the south, Pine Point Villas. Mr. Miller was in agreement with the staff report and recommendations. Chair Wische opened the floor to public hearing. Mary Drago, Pine Point Villas resident, had several questions. She asked how the project would benefit Pine Point Villas. She advised she would like to see the development to the east of their homes improved. She asked if the board approved the request, whether trees could be planted to screen the structures and if the project would affect the FPL lighting on their development. She also inquired when the project would commence. Chair Wische responded, once approved for annexation, the site plan would address those questions. He referred Ms. Drago to the applicant. Ms. Drago spoke against the annexation and asked if there was anything they could do to prevent the project. John K3E1ella, Codella, 3311 Wurrcn Loren Rd., Unit D, Pine Point Villas requested staff provide background information on what the zoning was before the property was sold and how staff viewed it as being beneficial to Boynton Beach. He presumed the land was being annexed into the City. Ms. Zeitler explained the subject property was located in an unincorporated area of the county and that had an Institutional Land Use Classification. The current zoning was Multi-family Residential, which was the same thing they were asking for in the City. By annexing the property into the City, the property became consistent with the Multi-family residential zoning and would carry the same residential restrictions Pine Point Villas had. Mr. Kadella asked about the property across the street and the zoning along the City boundary lines. He inquired if there were a lesser zoning status on the east side of the road and the R-1 versus the Multi-family High Density zoning. Ms. Zeitler explained the property on the east side of the road was built as Single-family residential. The property south of Mentone Road and zoned R-1 Single-family residential, is in the City, and the property to the north of Mentone Road was zoned R-3 in the County. There were other individuals wanting to speak to this application, who were not previously sworn in. Attorney Tokes administered the oath to those persons who would be testifying. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Ms. Rose Williams, 100 Bayview Avenue in Pine Point Villas, asked how a road could be installed and the units be built when there was a 90-ft wide easement. Ms. Zietler explained there was a 160-ft easement along Seacrest. Chair Wische explained the request was for annexation. Mr. Casaine explained to the audience issues regarding the space between the property and issues such as trees and lights, pertain to the site plan portion. The board was currently hearing the annexation. Chair Wische closed the floor to public hearing. Ms. Jaskiewicz commented the property would be developed regardless of whether it was in the County or the City. She indicated annexing the property into the City was to the City's benefit because they could impose controls such as iandscaping, barriers and other issues. Mr. Blehar asked if staff developed a rough cost analysis on levels of service and taxes. Ms. Zeitler explained they review the per capita gallons of potable water and sewer, as well as school and traffic concurrency. Other departments such as Fire and Police review the requests to ensure they have sufficient levels of service to meet the new demands. A cost and tax comparison was not made. He thought in the future, that information might be beneficial. Mr. Rumpf explained more elaborate analysis were conducted when annexations were not simple, or rather when the property was not contiguous, or questions whether the annexation meets state law are raised. They were working on a fiscal model that was being promoted throughout the State in connection with the DCA Comprehensive Planning efforts. He anticipated in the future they may be able to provide a more standardized program. At the moment, the projects were only reviewed to provide service. Additionally, the properties they deal with were basically within the City's reserve annexation area, which most of the time would produce positive figures for revenue versus cost. Mr. Rumpf indicated they could not specifically list benefits to Pine Point Villas, but he did indicate the City was a smaller jurisdiction than the County and they could pay closer attention to individual developments than Palm Beach County. The City has high regard for adjacent projects and developments. He advised, workforce housing and housing in general was an issue for the City, and this project could provide it on a small-scale basis. Additionally, the project would generate tax revenues. Motion Ms. Jaskiewicz moved to approve the annexation. Mr. Casaine seconded the motion that unanimously passed. B. Miraflor Land Use Amendment/Rezonina 2. Project: Agent: Owner: Location: Miraflor (LUAR 06-022) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Sea crest Blvd., across from Mentone Rd. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Description: Request to amend the Comprehensive Plan Future Land Use Map from Institutional (Palm Beach County INST) to High Density Residential (HDR 10.8 du/ac); and Request to rezone from Residential, Multi-family (PBC RM) to Multi-family Residential (R-3) Proposed use: Residential development consisting of 40 Multi-family townhome units. Ms. Zeitler reviewed the request and recommended approval of the Land Use Amendment and Rezoning. Chair Wische opened the floor to public hearing. Ms. Drago asked when the zoning was changed if it would be just for Multi-family. Ms. Jaskiewicz confirmed it would. Chair Wische closed the floor to public hearing. Motion Mr. Saberson moved to approve the Land Use and Rezoning. Ms. Jaskiewicz seconded the motion. Mr. Blehar explained he had issues with the site plan, with the architecture, and several issues relative to circulation. He thought the only muscle the City had to make the changes was a refusal to allow the rezoning. He announced he would vote against it. Vote The motion passed 6-1. (Mr. B/ehar dissenting). B. Miraflor New Site Plan 2. Project: Agent: Owner: Location: Description: Miraflor (NWSP 06-027) Bradley Miller of Miller Land Planning Consultant, Inc. SCI Funeral Services of Florida, Inc. West side of North Seacrest Blvd., across from Mentone Rd. Request for new site plan approval to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi- family Residential Zoning. Chair Wische read the request and asked the applicant whether he agreed with the conditions of approval. Mr. Miller agreed with the conditions and gave a presentation. The parcel was separated from the cemetery. The Land Use and Rezoning would be consistent with the Pine Point Villas community to the south. The project was comprised of 40 town homes consisting of five buildings with eight units each. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 The configuration of the property zigzagged and was irregular to accommodate the cemetery to the north. The entry would be off Seacrest on the south boundary with access roads leading to the units. In the rear there was a turnaround area for sanitation and fire vehicles. There were two different dumpster locations. Each unit had a single car garage and second parking space in the driveway parking area. There were overhead utility lines and those lights would remain. They would also add a five-foot buffer on the south property line and additional hedge of trees using two different types of trees that would comply with FPL requirements. The combination would result in an eight-foot high hedge with tree canopy. The units were about 1,500 sf (square feet). This was not a subsidized low-income housing project. The price range would be in the high 200K's. There was a dry detention area for drainage, a tot lot and a wall on the northern boundary to screen the cemetery. Mr. Miller had diagrams of the units. The project would commence around the summer of 2007. He reported the zoning was an appropriate transitional use from I-95 to the Single-family areas to the east. The tot lot was the only recreational area in the development. Mr. Miller explained the target market is the family community. Compared to other projects, the size of the lot was appropriate. The proposed landscaping met the Code requirements. Mr. Miller thought the project would revitalize the area. Mr. Blehar discussed the rear elevation of the units would be visible when entering the development, which was the least attractive. He was concerned about the lack of a clubhouse and although the tot lot was provided, he thought it was common to provide a meeting place. He thought because it was workforce housing, it was likely to have boxed vans with signage which could not go in the garage or driveway and the vans would be parked on the side of the project adjacent to the roadway. The zoning was R-1, which was a bigger step from R-3 zoning. He reported the architecture does not age well and thought the development would go down hill. He thought workforce housing should receive the nicest product possible. However, he could not support the request. Vice Chair Hay asked about the size of the street and turnaround areas. Mr. Miller explained they meet the turning radius in the Code. The Engineering Department also reviewed the plan. Vice Chair Hay asked about the drainage. Mr. Miller explained the water run-off would run off the property to the east and west based on the grading of the project. The minimum height of the trees would be 12 feet, which was the minimum tree height. Mr. Casaine thought there were safety features in place and thought it was a well thought out plan. Mr. Saberson asked about the south line of the property and the direction the units faced. The units on the south were oriented to the south. The front entranceways faced each other and had patio areas. One building would face south which would be the last building. Ms. Jaskiewicz asked if the buildings could be flipped to face away from Sea crest. Mr. Miller reported they tried different designs and layouts. He noted there was some separation between the street and the initial wall with landscaping. The cemetery had a hedge and trees, and the landscaping for the project would be in addition to that. He explained he 7 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 worked with the staff on the architecture and there was a line between amenities and affordability. He indicated a clubhouse would add to the price of the homes. He commented his association does not have a clubhouse and they rent a space for meetings. Having a clubhouse would increase the price of the units to an amount that was higher than the one his client wanted to provide. Ms. Grecvic commented as a real estate broker in the downtown area, the project would improve the area. The homes across the street were built out and in foreclosure. There is a true need for affordable townhome communities. Amenities such as pools and clubhouses, especially with insurances costs, increase the price of the units. She thought there was a true need for small pockets of communities like this with low association dues. Chair Wische opened the floor to public comments. Ms. Drago, 3118 Pine Country Lane, invited Mr. Miller to attend one of their Homeowner Association Meetings to discuss the plans in greater detail and answer questions. She noted at one time residents from across the street came to their community and used their pool. They were apprehensive about the project because they do not have a gate. Chair Wische suggested having a sign and badge identification. Ms. Drago responded the occurrence she spoke about happened years ago at night. A man who was drunk fell into the pool. Ms. Jaskiewicz noted the Wilson Center pool would be opened. Mr. Kadella was concerned about the ground elevation of the project as it pertained to stormwater runoff. He asked about the buffer on the south boundary line and if it were pOSSible to change the roofline of the first building to enhance the architecture fa~ade. Ms. Williams thought the price of the housing was not for the working class. With insurance costs, and as a multi-family project with children, she was concerned there would be no accommodations for them. She asked if the units could not be sold, would they be turned into rentals. Chair Wische closed the floor to public hearing. Mr. Saberson asked about the finished floor elevation and drainage. Ms. Zeitler responded staff reviewed the conceptual drainage plan and would review the full drainage plan at the time of permit. The Engineering Department reviewed and approved the conceptual plan which addressed the water runoff. There could be final revisions by the time they submit for a building permit and the review would be much more detailed. Motion Vice Chair Hay moved to approve the request for new site plan to construct 40 townhomes and related site improvements on 3.87 acres in the R-3 Multi-family Residential Zoning District subject to all staff comments. Mr. Cwynar seconded the motion that passed 6-1, (Mr. Blehar dissenting). The board took a short break at 7:52 p.m. The board reconvened at 8:04 p.m. 8 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 C. Pylon Interstate Plaza Zonina Code Variance 1. Project: Agent: Owner: Location: Pylon Interstate Plaza (ZNCV 06-010) Jason Mankoff, Weiner & Aronson, P.A. Chambers Properties, LLC and Pylon Plaza, LLC Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H.26.d(1O), for a variance of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space, within the C-1 Office and Professional Commercial zoning district. Mr. Breese reviewed the request for a parking variance. The Code required regular office spaces to have one parking space for every 300 ft (feet) of office space and medical office space to have one parking space for each 200 feet. A Transportation Engineer was retained to prepare a parking study of the current tenant mix and determine what the utilization of the existing parking spaces were. The consultant determined the building design, and the variance of 49 parking spaces could be accommodated and the request for 50% medical tenants was substantiated as part of their review. Mr. Breese explained when staff reviews the variance they focus on the criteria in the Code, specifically items A through G, one of which addresses the existence of special conditions and circumstances which are peculiar to the land, structure or building. The consultant noted the design of the building floor plan decreased the amount of real office space based on an atrium, hallways, janitor's closets and other areas by about 22% of each building. If those spaces were not counted, it would equate to an additional 44 parking spaces being available for the medical use as opposed to the straight office use. Mr. Breese noted the consultant did not make the comparison with other offices within the C-1 Zoning district to show that the buildings have an over abundance of common space not utilized as true office space. The special conditions and circumstances did not result from the actions of the applicant. The applicant indicated the changing market demands for additional medical offices was the reason for the request. Mr. Breese explained in this case, the second office building has not been filled and there is an opportunity to reduce the square footage of that building in order to accommodate the request. The reduction in the building would reduce the square footage of the building from 29,000 to 9,000 sf. He commented the decrease in useable space may not be economically feasible based on reasonable tenant pricing or what the owner paid for the property. Based on the survey, the consultant concluded there was adequate parking available at different times of the day, if occupied with 50% medical tenants. Based on the study, the maximum percentage of parking spaces occupied over the four-day study was 66% and the lowest was 44%, with an average of 57%. 9 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Granting of the variance would be in harmony of the intent of the chapter and such variance would not be injurious to the public health and welfare. Staff visited the site and thought the parking spaces were underutilized. On present day assumptions the survey appeared correct in its conclusion. Mr. Breese reported nearly all variances would be denied if based on the A-G criteria in the Code. The hardship was self-generated and the applicant has the opportunity to construct less on the site. Economics was not one of the hardship criterions that staff bases their decision on, although the circumstances were acknowledged. Mr. Breese announced staff recommended denial of the request. Should the board and City Commission decide to approve the request, he asked that based on issues other than traditional hardship, that it be noted staff inspected the site on several occasions and found parking is underutilized. The need for medical office space in the area of Bethesda was high and the buildings were in close proximity to a considerable amount of residential units and senior populations. Mr. Casaine felt staff was denying the request based on it not being a traditional hardship, but noted it was a hardship based on the circumstances staff presented. He felt staff had grounds to recommend approval of the request. Mr. Breese explained in the past, staff had been asked to provide additional information. If staff took a hard line and denied everything, it made decisions difficult for the board and the City Commission. Mr. Breese clarified staff cannot recommend approval based on the criteria in the Code and must recommend denial. Staff has, however, proVided additional information, should they choose to approve it, that the board and City Commission may use as a basis for approval. Chair Wische noted information on page 10 indicated the request could be supportable. Jason Mankoff, Weiner & Aronson, 209 N. Seacrest Blvd., representing the owner, was present and reviewed the report. Mr. Mankoff showed photographs of the site to the board. He indicated he believed his client met the spirit of the variance and the approval would benefit the residents of Boynton Beach. He requested the board approve the request. Chair Wische opened the floor to public comment. No one coming forward, Chair Wische closed the floor to public comment. Mr. Saberson expressed concern over the legal criteria of the Code, in terms of reviewing some of the issues surrounding the request. He thought if the City wanted to consider the request, it should revise the Code, otherwise it would amount to a special privilege which other developers would then request. He could not support the request. Ms. Jaskiewicz recognized staff's position. She expressed the board operates under different criteria. She viewed the request based on need and did not think the location was a detriment to the nearby communities that need those services. She thought it was in the applicant's best 10 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 interest to ensure the other 50% of the tenants in the building have ample space to park. She had no objection to the request. Mr. Casaine announced in other areas, petitioners that have the need for medical use and office space, were accommodated without the requirement of a variance. He was in agreement with the variance request. Vice Chair Hay thought the request was reasonable and there was leeway for the board to make a decision and still not be in direct violation of the City Ordinances. He agreed with the prior comments and supported the request. Mr. Blehar thought the request was for a large variance. He calculated the variance to be a 29% variance. He could not support the size of the request. Matthew Barnes, Alternate on the board, thought the request was a reasonable application. He is a practicing planner, and thought the Code should be changed. He reported in general, many cities, including Boynton Beach were over-parked on the Code. He reviewed the Transportation Engineer book. Medical Office space parking was recommended at 3.5 spaces for each 1,000 sf and the City of Boynton Beach Code required 5 spaces per 1,000 sf. He announced based on national standards, if you calculated the information in the reverse, the applicant would meet the Code. He suggested the City review the Code. Motion Mr. Cwynar moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, H.26.d(10), for a variance of 49 parking spaces, from 248 to 199 spaces, to allow medical uses to occupy up to 50 percent of the office space, within the C-1 Office and Professional Commercial zoning district. Mr. Casaine seconded the motion that passed 5-2, (Messrs. Blehar and Saberson dissenting). E. High Ridge New Urban PUD Site Plan Time Extension 1. Project: Agent: Owner: Location: Description: High Ridge new Urban PUD (SPTE 06-013) Jeffrey Costello, Director of Planning for New Urban Communities New Urban High Ridge, LLC High Ridge Road and Miner Road Request for a 12-month site plan time extension for site plan approval granted on September 20, 2005, to extend site plan approval from September 20, 2006 to September 20, 2007 Chair Wische read the request. Gabriel Wuebben, Planner, reported the applicant presented a number of reasons why they had difficulty pulling permits. They had issues with Palm Beach County Traffic Division as well as difficulties with relocation of the lift stations and the lakes. The project required a number of modifications to the plans and plat. The applicant submitted payment of the Capacity 11 Meeting Minutes Planning and Development Board Boynton Beach, FL November 28, 2006 Reservation Fees in the amount of $225K, and permits have been issued. The application met Palm Beach County's Traffic Concurrency standards, and was subject to all the original conditions of approval. There were no new development regulations in place by which the project should be reviewed and modified. Staff recommended approval subject to all conditions. Chair Wische opened the floor to public comment. Hearing none, Chair Wische closed the floor to public comments. Motion Vice Chair Hay moved to approve the request for a 12-month site plan time extension for site plan approval granted on September 20, 2005, to extend site plan approval from September 20, 2006 to September 20, 2007 subject to all staff comments. Mr. Cwynar seconded the motion that unanimously passed. 8. Other None. 9. Comments by members Chair Wische announced the board would not be meeting next month and wished all a happy holiday. 10. Adjournment Since there was no further business before the board, the meeting was duly adjourned at 8:35 p.m. Respectfuily, OJ3./v.hA11- YoA~Jt/mall;t Catherine ChJrry-Gu erman Recording Secretary 120606 12