Minutes 07-24-07
MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING
HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA
JULY 24, 2007 AT 6:30 P.M.
PRESENT:
Lee Wische, Chair
Woodrow Hay, Vice Chair
Jon Blehar
Sergio Casaine
Shirley Jaskiewicz
Jeff Lis
Roger Saberson
Sharon Grcevic, Alternate
Edward Hillery, Jr., Alternate
Jacob Horowitz, Assistant City Attorney
Mike Rumpf, Planning and Zoning Director
1. Pledge of Allegiance.
Chair Wische called the meeting to order at 6:31 p.m. Vice Chair Hay led the Pledge of
Allegiance.
2. Introduction of the Board.
Chair Wische introduced the board members, and notably, Jacob G. Horowitz, Assistant
City Attorney.
3. Agenda Approval.
There were no changes to the agenda.
Motion
Ms. Jaskiewicz moved to approve the agenda. Vice Chair Hay seconded the motion
that unanimously passed.
4. Approval of Minutes.
There were no changes to the minutes.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
Motion
Mr. Lis moved to approve the minutes as presented. Ms. Jaskiewicz seconded the motion
that unanimously passed.
S. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the June 26, 2007 Planning and Development
Board Meeting Agenda Items.
Mike Rumpf, Planning and Development Director, reported from the July 17, 2007 meeting,
the Lake Worth Christian School, height exception and major site plan
modification/conditional use for the school expansion was approved. Also approved was
the next deliverable for the LDR Rewrite item processed by staff, entitled "Zoning Districts
and Overlays."
6. Old Business
Ed Breese, Principal Planner, discussed the status of the Red Lobster. The master
developer ran into issues with Palm Beach County regarding the access points on Congress
Avenue. The issues had been resolved and permits were obtained.
With regard to the status of the school expansion project, the old school was demolished
and a new middle school was constructed. Mr. Breese believed subsequent phases
included recreation areas in the front entranceway. He would confirm this, and report
back to the board at the next meeting. The plan was to construct a new school while the
old school was used. Thereafter, the old school would be demolished. The new school
would be constructed in the back of the property near the track and recreation fields. The
new fields would be positioned where the new school was currently situated.
City Attorney Horowitz administered the oath to all who would be testifying.
7. New Business
A. Boynton Bay
Land Use Plan Amendment/Rezoning
1.
PROJECT:
AGENT:
Boynton Bay (LUAR 07-002)
Weiner & Aronson, P.A.
i
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
DESCRIPTION:
The Hamlet, LTD.
West of Federal Highway and south of
Gateway Boulevard
Request to amend the Comprehensive Plan
Future Land Use Map from High Density
Residential (HDR) to Special High Density
Residential (SHDR): and
OWNERS:
LOCATION:
Request to rezone from Multi-Family Residential
(R-3) to Planned Unit Development (PUD)
PROPOSED USE: Residential development consisting of 420 residential
Units (240 existing for-rent units, 180 new for-sale
Units) for an overall density of 19.93 dwelling units
per acre (du/ac).
Chair Wische read the request.
Hanna Matras, Economic Planner, advised this was the first project utilizing the
provisions of the workforce housing ordinance approved April 3, 2007. The project was a
redevelopment of an existing project and was age-restrictive. The workforce housing
ordinance did not provide any restrictions as to households with the traditional labor force
age, as a large percentage of the population over the age of 55 still worked. The
ordinance provided the developer would have to sell 25% of 45 units to low-income
households. The remaining 75% would be sold to moderate-income households. She
pointed out the development currently included 240 workforce housing rental units which
were affordable. Financing of this project would ensure the units remained affordable.
Gabriel Wuebben, Planner, discussed the request which was made by the applicant for a
property that consisted of approximately 21.07 acres. As a result of the size of the
property, the Florida Department of Community Affairs classified the amendment as a large
scale amendment, and as such, was required to be transmitted to the Florida Department
of Community Affairs (DCA) for review and comments prior to adoption. It was necessary
for adoption to occur prior to the end of the 2007 calendar and was tentatively scheduled
for late November or early December 2007.
The proposed development would result in the construction of three structures in the
center of the existing development, which consisted of 17 two-story rental buildings. The
applicant had positioned the taller structures toward the center of the development, and
the structures were a significant distance from the surrounding single-family residential
neighborhoods.
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Boynton Beach, Florida
July 24, 2007
The residential structures would usurp a significant amount of green space, resulting in the
loss of recreational amenities. The deve:oper would compensate for the loss with
alternative facilities, including a second swimming pool and landscaping, and passive
amenities, including a beauty salon/barber shop, a general store and a rooftop restaurant.
This project would be brought back with a site plan for review and evaluation.
Pursuant to the workforce ordinance, the developer was permitted to apply for waivers of
development standards where compliance could preclude the construction of the project's
workforce housing units. The applicant applied for a parking waiver to accommodate the
reduction in the amount of required parking spaces associated with the additional units.
The applicant also applied for a waiver to increase the maximum structure height from 45
feet to 63 feet, 3 inches.
Staff evaluated the application, and careful consideration was given to the project's
compatibility with the City's Comprehensive Plan. The project was compatible with the
Comprehensive Plan's delineation of standards, and contributed to the overall economic
development of the City by reducing the workforce housing shortage and generating tax
revenue for the City. It was not anticipated this project would significantly impact the
infrastructure not already accommodated.
A potential issue was the request for an increase in the maximum height. However, the
applicant had worked closely with staff to assuage whatever difficulties existed. Staff
concluded the mitigation of the project's potential negative impacts, if any, was effective
enough for its benefits to offset any remaining concerns.
In consideration of the applicant's efforts to soften the effect of the increased height, staff
was in support of the project. Staff therefore recommended the land use amendment and
rezoning be approved for transmittal to the DCA for their review, and then final adoption of
the land use amendment and rezoning be approved concurrent with the site plan
submission.
Chair Wische called for comments.
Jason Mankoff, Weiner & Aronson, P.A., discussed the staff report and the merits of the
proposed project.
Chair Wishe opened the floor for public hearing.
Ron Perella, 311 NE 1ih Avenue (the FOllr Sea Suns Condominium Association, which
was the property directly to the south of Boynton Bay), advised he requested Tom Hinners
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Planning and Development Board
Boynton Beach, Florida
July 24, 2007
clean up the boundary separating the properties and attend to the condition of the fence,
overgrowth of vegetation, and tall trees. Mr. Perella was assured of Mr. Hinners' plans to
attend to these issues in April 2007. Survey stakes were observed on the Association's
property. Thereafter, Mr. Hinners met with the Association's board members and outlined
his plans for one building in the center of his property. The Association received notice of
this hearing and presented letters from the residents in opposition to the project.
Concerns also pertained to increased traffic, fire and police protection, safeguarding of the
boundary line, parking and roadways.
Mr. Mankoff believed the appli~ant would resolve any issues. The property had already
been developed and the fac;ade would be improved. He advised the project was required
to comply with traffic requirements and would include several amenities. Additional
roadways were proposed.
Tom Hinners, representing Boynton Bay, advised he had discussions with board members
of the Four Sea Suns Condominium Association and was informed any development in the
neighborhood would be welcomed. Landscaping of the boundary was anticipated in
September 2007. Approximately $6M would be expended to improve the existing Boynton
Bay development. Boynton Bay's surveyors determined the survey sticks were placed at
the property line. There were no plans to utilize that land. As to the roadway, Mr. Hinners
invited the residents of the Four Sea Suns Condominium Association to become part of the
Boynton Bay community by fencing in their property, and allow them to utilize Boynton
Bay's gatehouse entrance. Security guards were currently situated at the property's
entrance from 8:00 p.m. until 2:00 a.m., and police officers reside within the community.
The proposed development would allow for 24-hour security service.
Chair Wische closed the public hearing.
Mr. Mankoff addressed concerns of the board and advised the area to be developed
consisted of a total of approximately 21 acres, with 2-1/2 acres in the center of the
property. The 55-and-older age restriction applied to the parking waiver. The applicant
had submitted a declaration of restrictive covenant in order to secure the continuation of
the age-restrictive status. There were no plans to provide designated parking spaces.
Cito Beguiristain, Vice President, Auburn Development, discussed affordable housing,
and set forth the criteria established with respect thereto. A percentage of the units were
required to be affordable for renters 62 and older, and a percentage for 55 and older.
Dan Carter, 74 NE 5th Avenue, Delray Beach, landscape architect, currently had a permit
from the City to re-Iandscape the entire perimeter area to re-establish the native scrub
buffer, along with other materials to provide adequate buffers. He also met with Mr.
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Boynton Beach, Florida
July 24, 2007
Hinners in order to further finesse the plan.
Steve Myott, 3012 Fernwood Drive, advised there currently was a sidewalk located on
one side of 4th Street, and there would be significant sidewalks for pedestrian use within
the new development as well.
Mr. Casaine contended additional facts and data, including an analysis of low and
moderate income units, and the subsidy element for low-income housing, was needed in
order for the board to come to a decision with respect to the project. He believed the
County's figures did not address the needs of Boynton Beach in terms of median income.
Without the proper financial data, workforce housing could be defeated. He believed the
project should be submitted to the DCA first and thereafter, the board could make an
evaluation and recommendation to the City Commission.
City Attorney Horowitz advised, procedurally, the State Statutes set out an order in which
the process would go forward. The City's Code of Ordinances also provided an order of
operations. The City Attorney's office was currently in the process of discussing a
declaration of strict covenants on this property.
Ms. Matras advised there was no data for the City with regard to workforce housing.
Federal and State programs were based on County-wide incomes. The CRA programs
were based on the County's income, as were all City programs. The American Community
Survey had now included Boynton Beach in its survey. However, the survey was limited,
and the income data indicated a high margin of error and was not sufficient for staff's use.
Therefore, staff based the program on the County's income. Additionally, current data was
required, as the most recent data for Boynton Beach was based on the 2000 Census. All
subsidy programs were based on County incomes. The workforce housing ordinance
provided for income qualifications relating to eligibility. All purchasers of the
condominiums would be required to proceed through the City's Community Development
Department, and staff would ensure the income requirements, as well as any other
subsidies, were met.
Mr. Mankoff pointed out, with regard to current and future applications involving major
modifications of existing developments, the City could consider amending regulations to
permit the disruption of proportionality under special circumstances. The applicant could
also submit a waiver application requesting relief from the proportionality requirements of
the workforce housing ordinance
City Attorney Horowitz advised, from a procedural standpoint, there were currently two
issues to be decided tonight. The first pertained to the Land Use Plan Amendment, and
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Planning and Development Board
Boynton Beach, Florida
July 24, 2007
the second to zoning. A separate motion would be required for each issue.
Ms. Matras advised if the board were to renc.Jer a decision, the project would go before the
City Commission in August 2007, and within ten days of the City Commission meeting, at
the City Commission's discretion, the matter would be recommended for transmittal to the
DCA. The City Commission was the local planning agency, and the Planning and
Development board served as an advisory on this issue.
Motion
Mr. Casaine moved to table this issue until the next board meeting in order for staff to
provide the additional information to the board so that the board could render a
recommendation to the City Commission. Vice Chair Hay seconded the motion.
Chair Wische opened the floor for discussion.
The board discussed whether tabling the item would delay submission to the DCA, as well
as eligibility criteria required for purchasers of the proposed units. The board suggested
additional items to be provided by staff include formulas and analyses as to income;
anticipated income or revenue from the formulas; and the actual figures to be presented
by staff to the City Commission.
Ms. Matras addressed the timeframe issue pertaining to submission of the item, adding it
would have to be brought back in 2008, as staff would be submitting the EAR-based
(Evaluation and Appraisal Report) Amendment to the Comprehensive Plan. Thus, the item
would not be submitted until February or March 2008.
City Attorney Horowitz contended the developer might favor an unfavorable
recommendation, rather than a tabling, simply in the interest of timing.
Mr. Mankoff advised there were many issues other than scheduling issues. He believed the
board was provided with enough information to recommend approval or denial to the City
Commission, but would request, as a result of the uncertainty of the timing, the board vote
on this matter tonight.
Ms. Matras advised staff could not provide information other than what was supplied, as
the data on the income levels did not exist. The applicants, when purchasing the units,
would go through the Community Development Department. The income would be
verified and the applicants would either qualify or not.
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Planning and Development Board
Boynton Beach, Florida
July 24, 2007
Motion
Mr. Casaine wished to withdraw his previous motion, and moved to approve the request
made by the petitioner with the following caveats: (1) a formal meeting be held with the
residents present tonight, in order to assist them in the resolution of their issues; and (2)
City staff provide the City Commission with numbers that reflected median incomes for
Boynton Beach.
Attorney Horowitz advised two separate motions were required, one addressing the density
and one addressing the zoning. Thereafter, at the board's discretion, a third motion could
be made directing City staff as to the provision of median income data.
Motion
Mr. Casaine moved the board accept the density proposed by the petitioner. Vice Chair
Hay seconded the motion which passed 6-1, Mr. Blehar dissenting.
Motion
Mr. Casaine moved the board accept the zoning presented by the petitioner, with the
understanding they would meet with the residents who expressed concerns regarding their
property lines. Vice Chair Hay seconded the motion that passed 6-1, Mr. Blehar dissenting.
Motion
Mr. Casaine moved to request City staff present the numbers available regarding the
median income of Boynton Beach. Chair Wische passed the gavel to Vice Chair Hay, and
seconded the motion.
Vice Chair Hay opened the floor for discussion.
The board discussed staff's earlier contention that income data was not available,
notwithstanding, at a meeting attended by various City boards, staff pointed out the
income levels of Boynton Beach were well below the County median.
Ms. Matras advised consistently, until the year 2002, the Boynton Beach median income
was approximately $8,000 lower than that of the County. There would be no reason the
situation would reverse in 2007. The American Community Survey had now included
Boynton Beach, and provided both the median family and median household incomes.
However, as the sampling was insignificant, the margin of error was extremely high. The
income for Boynton Beach was $38,000, plus/minus $8,000. This was not a sufficient
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Boynton Beach, Florida
July 24, 2007
estimate for staff to use and, as other figures were used in subsidy programs, it was
impractical to have those programs be inconsistent. A plus/minus $8,000 margin of error
was a huge margin of error. Staff would not be advised to use this for the programs that
were otherwise subsidized. Thus, the formula utilized the County's income.
Mr. Casaine withdrew his motion based on the comments of Ms. Matras. Chair Wische
withdrew his second.
The meeting recessed at 8:23 p.m. and reconvened at 8:30 p.m.
B. Children's Services Council
Heiaht ExceDtion
DESCRIPTION:
Children's Services Council (HTEX 07-003)
Christopher H. Miller, Architect 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of Quantum Park, northeast corner of
Gateway Boulevard and High Ridge Road
Request for height exception of eight (8) feet - six (6)
inches above the maximum building height of 45 feet
allowed in the PID zoning district for rooftop equipment.
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
Chair Wische read the request.
Mr. Lis recused himself from the issues pertaining to Projects #1 and #2, as he was
employed by the same company that employed the presenters.
Christopher H. Miller, Architecture 6400, Inc., 300 SE 2nd Street, Fort Lauderdale,
stepped forward to indicate he was present.
Chair Wische opened the floor for public hearing. No one having come forward, public
hearing was closed.
Vice Chair Hay moved to approve the request for the height extension of 8 feet 6 inches
above the maximum building height of 45 feet allowed in the PID zoning district for rooftop
equipment. Ms. Jaskiewicz seconded the motion that passed 6-0.
City Attorney advised the final vote would be 6-0, as there was one recusal.
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Planning and Development Board
Boynton Beach, Florida
July 24, 2007
Children's Services Council
Community Desic;m Plan ADDeal
2.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Chair Wische read the request.
Children's Services Council (CDPA 07-002)
Christopher Miller, Architecture 6400, Inc.
Children's Services Council of Palm Beach County
Lot 91 of quantum Park, northeast corner of Gateway
Boulevard and High Ridge Road
Request approval of a Community Design Plan for
screening of rooftop equipment.
Ed Breeze, Principal Planner, advised staff requested a conditional approval if the board
accepted staff's recommendation that the equipment on the rooftop be continuously
painted and cleaned so it maintained its new appearance.
The applicant accepted the conditional approval.
Chair Wische opened the floor for public hearing. No one having come forward, Chair
Wische closed the public hearing.
Chair Wische invited comments from the board. Hearing none, he entertained a motion.
Motion
Ms. Jaskiewicz moved to approve the request of the Community Design Plan for screening
of the rooftop equipment, with the conditions of approval as noted. Vice Chair Hay
seconded the motion that passed 6-0, Mr. Lis having recused himself.
C. Open-air Structures
Code Review
1.
PROJECT:
AGENTS:
DESCRIPTION:
Open-air Structures (CDRV 07-004)
City-initiated
Request to amend the Land Development
Regulations Part III, Chapter 2. Zoning. Section
4.B by the addition of provisions and regulations
for "Open-air structures" that will include pavilions,
gazebos, and tiki/chickee huts, and corresponding
setbacks and size criteria.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
Chair Wische read the request.
Mike Rumpf, Director of Planning and Zoning, advised staff proposed amendments to the
Land Development Regulations to address a current deficiency in the regulations applicable
to a certain type of structure which staff identified as open air structures. Examples would
include pavilions, gazebos, tiki huts and, chickee huts. Mr. Rumpf provided a PowerPoint
presentation with respect to the various open-air structures.
Mr. Rumpf advised Florida Statutes exempted chickee huts from requirements of the
Florida Building Code based on certain criteria: (1) the chickee huts were constructed for
either the Miccosukee or Seminole Indian Tribes; (2) the improvement was an open-sided
wooden hut; (3) the hut included a thatched roof of palm, palmetto or other traditional
material; and the structure excluded electrical, plumbing or other non-wood features.
The purpose of the Code amendment would be to establish a definition for this group of
structures, to add these structures under "Other Structures" within the zoning regulations,
provide for setback provisions, and establish a review procedure to ensure compliance with
local and State law.
Mr. Rumpf provided recommended changes. Proposed amendments included definitions
for the open-air structures, permitting required with regard to the construction of the
open-air structures, and setback requirements.
Any time new or more restrictive code amendments were enacted, the potential existed for
the creation of a non-conforming situation. In such an event, staff proposed regulations
with respect thereto, which were reviewed by Mr. Rumpf.
Ed Breese, Principal Planner, advised staff met with the Fire Department regarding fire
protection requirements. The 25-foot distance requirement provided a comfort level with
respect thereto.
Board concerns were raised as to fire safety relating to barbeque grills, and hurricane
hazards pertaining to the roofs of the structures.
Mr. Rumpf explained State law allowed the huts to be constructed. Additionally, it was not
known whether the Attorney General had made a determination as to whether the
structures were restricted to Indian reservations. Therefore, in the absence of regulations,
staff believed it would better to have something on the books to regulate the structures.
City Attorney Horowitz concurred with Mr. Rumpf, adding as the State Statute allowed the
structures to exist, the City could only impose certain regulations restricting setback
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Planning and Development Board
Boynton Beach, Florida
July 24, 2007
distances, which staff was attempting to do. The alternative to regulations would be no
regulation, allowing the State Statute to prevail. This would provide for carte blanch in the
construction of the structures.
Mr. Rumpf suggested staff explore this matter further.
Motion
Mr. Casaine moved to table the item until the matter could be further explored, and to be
brought back before the board when City staff believed it to be pertinent.
Vice Chair Hay seconded the motion that passed unanimously.
Mr. Rumpf suggested staff circulate the item to the CRA, and it would bring the item back
before the board in August 2007.
The board was in accord with Mr. Rumpf's suggestion.
D. Mobile Vendors
Code Review
1.
PROJECT:
AGENT:
DESCRIPTION:
Mobile Vendors (CDRV 07-005)
City-initiated
Request to amend the Land Development Regulations,
Chapter 2. Zoning, by the addition of a new section
with provisions and regulations for mobile vendors
including definitions, location restrictions, review and
approval procedures and requirements, and operational
rules.
Mike Rumpf, Planning and Zoning Director, advised the City Commission directed staff to
prepare for consideration, code amendments to review the potential for accommodating
mobile vendors.
The City currently accommodated mobile vendors through business licensing. Examples of
mobile vendors were ice cream trucks and food vendors. However, the City had no
provisions applicable to street vendors. He highlighted the proposed amendments.
The majority of the definitions related to the handling and vending of food. Also included
were the definitions for merchandise, mobile vending unit and services, which help define
what is being provided in the regulations. Types of merchandise were limited to art, small
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
personal items, cell phones and other electronics, small appliances, medicines, books and
magazines. Services were specifically to be limited to personal services. The definitions
also defined commercial zoning districts to which the uses and vendors would be restricted.
The application, process and rules called for the review by the Planning and Zoning and
CRA Advisory Boards.
Planning and Zoning Division staff would be the administrative body to process the
applications. Appeals would be made directly to the City Commission.
Mr. Rumpf discussed the application requirements, which would include an analysis of the
proposed cart and equipment to be used by the applicant.
In addition to the definitions, many of the regulatory provisions would come under design
and location, and general restrictions.
He reviewed the general restrictions which included maximum area to be occupied by a
mobile vendor unit (MVU), maximum size of an MVU, display of merchandise and food and
removal of MVUs.
Mr. Rumpf advised, with regard to mobile vendors who currently were licensed, the City
was diligent in looking into the mobile vendors not allowed to operate.
The board addressed the issue of Rufus' Barbecue, which business did not appear to be
accommodated by the amendments.
Mr. Rumpf advised that Rufus' Barbecue had two separate units, the MVU and portable
kitchen. This would be addressed and staff would ensure the City Commission was aware
of differences.
Chair Wische opened the floor for public hearing.
Linda Davis, 2671 NE 1st Street, advised she and her husband owned a barbecue
business, Troy's Barbecue, 1017 N. Federal Highway. Troy's had been in business for ten
years and was required to be licensed by the State of Florida, Palm Beach County and the
City of Boynton Beach. She believed the amendments were being considered to benefit
Rufus' Barbecue.
No one else having come forward, Chair Wische closed the public hearing.
Chair Wische called for additional comments from their board. There were none.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
July 24, 2007
Motion
Mr. Casaine moved to table the item until it appeared before the CRA for further
evaluation, and to take into consideration those having established businesses. Ms.
Jaskiewicz seconded the motion that passed unanimously.
10. Adjournment
Motion
There being no further business to discuss, the meeting properly adjourned at 9: 11 p.m.
~0-
Stephanie D. Kahn
Recording Secretary
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