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Minutes 08-08-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN CONFERENCE ROOM C, WEST WING, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 8, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dub6, Vice Chair Larry Finkelstein Pat Frazier, Voting Alternate Mike Friedland Woodrow Hay Maurice Rosenstock Robert Ensler, Alternate Mike Rumpf, Planning & Zoning Director Nicholas lgwe, Assistant City Attorney Lusia Galav, Senior Planner ABSENT Steve Myott I Pledge of Allegiance Chairman Wische called the meeting to order at 7:05 p.m. and led the Board and audience in the Pledge of Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board members; the Recording Scretaryand; Lusia Galav, Senior Planner; Mike Rumpf, Director of Planning & Zoneing; Nicholas Igwe, Assistant City Attorney, Chairman Wische requested that Assistant City Attorney lgwe administer the oath to all persons who would be testifying. 3. Agenda Approval. Mot -ion Vice Chair Dub6 moved to approve the agenda. Motion seconded by Mr. Hay, which carried unanimously. 4. Approval of Minutes Meeting Minutes Planning & Development Board August 8, 2000 Boynton Beach, Florida Motion Mr. Friedland moved to approve the minutes of the July 25, 2000 meeting. Motion seconded by Mr. Hay, which carried unanimously. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of June 27, 2000 Planning and Development Board meeting agenda items. Mr. Rump reported on the disposition of the following items by the City Commission at their August 1, 2000 Meeting: (1) The P.G.O., Inc. site plan expansion was approved. (2) The Church of Jesus Christ of Latter -Day Saints site plan was approved; and (3) The two Ordinances dealing with LDR changes were approved on second reading. 6. Old Business A. SIGN APPROVAL 1. Project Name: Woolbright Professional Plaza (Nguyen) Agent: Jon Schmidt 50' Location: Woolbright Road, approximately 6 from Congress Avenue Description: Request for sign approval in conjunction with the previous approval of a 7,260 square foot Medical Office Building, and related site improvements on 0.89 acres (further sign review and separate approval was a condition of site plan approval) per July 11, 2000, Planning and Development Board Meeting conditions. Only - Planning and Development . Board Al2proval is jgggLired. Jon Schmidt, 333 Southern Boulevard, West Palm Beach, Florida, agent for the applicant assumed the podium. Mr. Schmidt noted that after the applicant's July 18th approval by the City Commission, this Board requested that the sign be 2 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 8, 2000 brought back with more detail to this Board for approval. A rendering of the sign is included in the agenda packet. There were no comments from the Board. Chairman Wische opened up the Public Hearing. Since there was no one that wished to speak, Chairman Wische closed the Public Hearing and called for a motion. Motion Vice Chair Dub6 moved that the request for sign approval in conjunction with the previous approval of a 7,260 square foot Medical Office Building, and related site improvements on 0.89 acres per July 11, 2000, Planning and Development Board Meeting conditions be approved, subject to all staff comments. Motion seconded by Mr. Finkelstein and carried 7-0. 7. New Business A. PUBLIC HEARING Zoning. Code Variance 1. Project Name: Bruce Black — Fence Variance Agent/Owner Bruce Black Location: 321 SW 1t Avenue Description: Request for relief from Chapter 2 Zoning, Section 4, General Provisions J. 1 —Other Structures, limiting maximum front yard fence height to four (4) feet to allow a one (1) foot variance or a five (5) foot high fence. Chairman Wische noted that this is the item that had been postponed at the last meeting and due to the large contingency of people who wished to speak on the item at that time, he afforded people an opportunity to do so. Chairman Wische explained the procedure for addressing items that appear before the Planning and Development Board and stated he would not permit any personal attacks. Bruce Black, 321 SW Ist Avenue, Boynton Beach, owner of the property, assumed the podium. Mr. Black said he purchased the property in January 2000 and the property has a swimming pool in the front yard, which is approximately 25'x 51' and has a great deal of concrete decking around the pool. The pool has never been fenced in and is concealed by the landscaping. The applicant would 3 Meeting Minutes - Planning & Development Board Boynton Beach, Florida August 8, 2000 like to bring the property up to Code by adding a fence around the pool. However, in order to place the fence 25' from the sidewalk, the fence would have to be built on the concrete around the pool. This would require him to cut down his mature Areca Palms. Also, Mr. Black is requesting to add a fence around his property, which could only be four feet high in accordance with the Code; whereas the fence around the pool has to be five feet. Insteadofputting up two fences, the applicant would like to put up one five-foot fence around the property and the pool. Mr. Black explained how he would like the fence placed around his property. Mr. Finkelstein inquired about the material of the fence. Mr. Black stated it would be a green coated chain link fence. At the pool area, the fence would be inside of the Areca Palms and would not be visible from the street. Mr. Hay asked what the total frontage of the property was and Mr. Black stated 150' from end to end. The fence would be installed approximately 13' to 15' back from the sidewalk. Chairman Wische pointed out that the applicant will need a 13' setback from the sidewalk and Mr. Black said that was correct. Mr. Rosenstock requested to view a diagram of the exact footage of the fence and the setback and noted that the Board members were not furnished with any diagrams. Ms. Galav located the plan and passed it around for members to review. Chairman Wische read from staffs report that the "applicants' proposal would not appear to constitute a special privilege nor would it be incompatible with the adjacent properties". Chairman Wische opened up the Public Hearing. Mr. Mike Fitzpatrick, currently residing at 101 SW 4t' Avenue, Boynton Beach took the podium. He stated that he is in the process of constructing a new residence at 135 SW 2"a Street, immediately adjacent to Mr. Black's property on the east side. Mr. Fitzpatrick noted that this is one of the oldest neighborhoods in Boynton Beach and the pool should have been fenced in years ago. Mr. Fitzpatrick felt a two-tier fence would look bizarre. He would like to see the fence at 5' and is agreeable to the 13' sidewalk setback. Ms. Beverly Annabel, 327 SW 1St Avenue, Boynton Beach asked if the 5' being approved is based upon the grade of the property? Mr. Rosenstock asked for clarification of this question. Mr. Black replied that from the ground level there would be no change in the dirt or ground and that no dirt would be moved or changed. Ms. Annabel stated she was against the variance. 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida - August 8, 2000 Mr. Rosenstock asked Ms. Annabel why she was against the variance and she replied that the property is located in historical Boynton Heights and feels that the variance will alter the historic nature of the neighborhood. Vice Chair Dube pointed out that the City Code requires a five-foot fence around the pool. There was no one else that wished to speak and Chairman Wische closed the public hearing and called for a motion. Motion Mr. Friedland moved to approve the request of Bruce Black for relief from Chapter 2 -Zoning, Section, General Provisions, J.1 — Other Structures, limiting maximum front yard fence height to four (4) feet to allow a one (1) foot variance or a five (5) foot high fence, subject to all staff comments and conditions. Motion seconded by Vice Chair Dube and carried 7-0. 2. Project Name: Woolbright Medical Building (Freeman) Agent: Everett Jenner, Al Owner: Everett Jenner, Architects Location: Woolbright Road at SW 22nd Street Description: Request for relief from Chapter 2 Zoning, Section 6.A.3, limiting maximum building height to 30 feet to allow a 9 foot variance, or 39 foot high building. Mr. Everett Jenner, of Boca Raton assumed the podium. Mr. Jenner noted that this item had been on the July 11th agenda and he requested that the matter be tabled to be heard with the variance. Mr. Jenner said that because the building will be used for a medical building the ceilings need to be higher in the treatment rooms since the surgical lights are not designed for low ceilings. Also, because the minimum code in the parking garage is 7', a wheelchair van requires a clearance of 8'3" and the applicant is proposing 8'6" for the parking area underneath. Because the parking area would only have three columns, this requires a deep structural system. If more columns were added, it would interfere with the underneath -parking garage. The applicant is proposing that the 39' would be Limited to the two extensions of the wall, one on the outside elevator and the other to cover that portion of the building that would be used for mechanical services. Mr. Jenner presented an artist rendering of the project, which was reviewed by the Board. The applicant pointed out that landscaping has been added to the building plans. The two towers on the outside would be 39' and the remainder of the building would be 37'. The building covers 21% of the lot area. If the building were expanded 61 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 8, 2000 horizontally, it would cover more land and would extend to the minimum setback that would bring it 35' closer to the houses. Chairman Wische read from staff's recommendations as follows: J `Based on the negative aesthetic impacts a taller building could have on adjacent property, and the desire of the City to maintain thetransitionalintent of the C-1 zoning district, projects significantly exceeding the maximum allowed height of 25 feet (30 feet for under -story parking) should be discouraged. Staff recommends that the variance request to allow a three-story building to exceed the maximum allowed height by nine (9) feet be denied. "No conditions of approval are recommended..." Mr. Jenner requested that the owner's attorney who was also present be permitted to speak. The applicant's attorney assumed the podium and displayed an artist rendering of the building if it were a one-story building. The applicant feels that this would be less aesthetic and would cover a great deal of the lot. The applicant's goal is to build an attractive two-story building. The building would have Kittle impact on Lesureville, which is in back of the building and buffered by a canal. Mr. Friedland said that the City, because of its narrowness, should consider the height factor within reason and should look into changing the Code to address this issue. Mr. Friedland felt the building presented was an attractive building. Mr. Ensler quoted from Chapter 1.5 of the Code dealing with this specific issue. Mr. Ensler said the applicant admitted he could have put the same square footage in a building without underground parking using 40% of the land and would meet the Code. Mr. Ensler felt that since the applicant was aware of the Code and said he could put a building on 40% of the land, he did not understand why the applicant chose to go in this direction. Mr. Jenner pointed out that even if the applicant built a one-story building, they would still have to have parking underneath. Mr. Finkelstein noted that the applicant is placing a self-imposed hardship upon himself and stated C-1 Codes exist for specific purposes in specific areas to act as buffers between residential and higher intensity commercial uses. Mr. Jenner said that the applicant did not like the look of the building if it were to be only one story with underneath parking. Further, Mr. Jenner felt the building they were proposing would be the most attractive building that would be suitable for -the area and the lot. 6 P` i Meeting Minutes Planning & Development Board Boynton Beach, Florida August 8, 2000 Chairman Wische announced the public hearing. Mr. Bruce Bean, 2389 SW 14th Avenue, Boynton Beach took the podium and said he is opposed to any changes in the zoning if it would be a detriment to the neighborhood. However, Mr. Bean said he had very little information about the application and asked the Board wheat type of buildings are allowed in a C-1 district? Chairman Wische stated that C-1 is generally zoned for office/professional buildings; and allows no retail Mr. Bean asked if Dr. Freeman would be the primary doctor in the building or would other doctors also be located t ere? Mr. Jenner replied that Dr. Freeman would occupy 3,000 square feet and the remainder of the building would be leased out. Dr. Freeman would like to have his office on a separate floor from the other doctors. Since no one else wished to speak, Chairman Wische closed the public hearing. Motion Vice Chair Dube moved to deny thel requestfor relief from Chapter 2, Zoning, Section 6.A.3, limiting maximum building height to 30 feet to allow a 9 foot variance, or 39 foot high building. Motion seconded by Mr. Hay. The motion to deny carried 7-0. Conditional Use Site Plan 3. Project Name: Bent' Veal Corporation Agent: Jaime Plana Owner: Berry Veal Corporation Location: 1421 Neptune Drive Description: Request for conditional use and site plan approval to construct a 4,050 square foot addition to an existing building for a business which engages in the cutting, packaging and shipping of meat. Mr. Jaime` Plana, Architect for the project, took the podium, together with the president of Berry Veal Corporation. Chairman Wische noted there were 19 staff comments and requested that the agent only address the comments they do not agree with or need clarification. Mr. Plana was under the assumption they were here tonight for the conditional use and Ms. Galav replied that the conditional use would be heard with the site plan. Chairman Wische requested that a copy of staffs comments be furnished to the agent. Mr. Rumpf stated that the applicant did receive the entire package. 7 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 8, 2000 Mr. Plana wished to address comment #1 Mr. Rumpf responded that the utilities' staff applied a Code provision', that allows landscaping to be removed from utility easements. Normally, with a new site plan, certain landscaping would not be allowed to be placed within easements. Mr. Rumpf stated that since the applicant is not modifying that portion of the site and it is an existing. project, certain characteristics of the site, which are non -conforming at the time of expansion, could be allowed. However, this is not specifically stated in the Code. Mr. Plana said that there are some very mature trees within the easement and there has never been any conflict with the easement and the trees. He sees no reason why the trees should be removed. Mr. Plana noted that the trees comply with the City's landscape regulations. The trees are beautiful shade trees and he would hate to see them cut down nine trees. Mr. Rumpf did not think there would be a needto access the utilities and noted that the landscaping is existing. Chairman Wische read the environmental regulations under Section 18.1 regarding exemptions for public utilities. Mr. Rosenstock did not understand the reasoning why the City would want to destroy these trees. Mr. Rosenstock felt if the time comes that the trees interfere with the utilities that would be the time to deal with it. The applicant agreed with all other staff comments Vice Chair Dube asked to look at the rendering and the agent said he did not bring it with him because he thought this was a conditional use approval. Mr. Rumpf responded that it is a minor expansion and is almost identical to the current building. The agent will have it available for the Commissioners. Chairman Wische announced the public hearing. Since no one wished to testify, Chairman Wische closed the public hearing. Mr. Plana requested that in the description of the project it should also state that the applicant also processes poultry in addition to meat. There would be no slaughtering or gutting of poultry. The poultry is precut for packaging. Motion Mr. Hay moved to approve the request for conditional use and site plan approval to construct a 4,050 square foot addition to an existing building for a business which engages in the cutting, packaging and shipping of meat, subject to all staff comments. Motion seconded by Ms. Frazier and carried 7-0. B. HEIGHT EXCEPTION LA Meeting Minutes Planning & Development Board Boynton Beach, Florida August 8, 2000 1 Project Name: Woolbright Professional Plaza (Nguyen) Agent: Jon Schmidt Owner: Dr. & Mrs. Nguyen Location: Woolbright Road approximately 650 feet east of Congress Avenue Description: Request for a height exception from the City's Land Development Regulations, Chapter 2, Zoning, Section 4.F.1, to allow a five (5) foot increase from the maximum twenty-five (25) foot height limit required within the C-1 Office and Professional Commercial zoning district. Mr. Jon Schmidt, the agent for the owner assumed the podium and said they were requesting a height waiver, not a height variance. Under C-1 zoning regulations, a 30' height is allowed provided that parking is underneath. Also, he noted that the City recently passed a 30' height in residential zones. Mr. Schmidt stated that the additional height would be limited to the east and west ends of the building and presented an artist's rendering of the project for 'viewing. The architect was present to answer any questions. Mr. Schmidt stated that the architecture of the project would be compatible with the bank project going up next to it. Chairman Wische announced the public hearing. Since no one wished to speak, Chairman Wische closed the public hearing. Motion Vice Chair Dub6 moved to approve the request for a height exception from the City's Land Development Regulations, Chapter 2, Zoning, Section 45.1, to allow a five (5) foot increase from the maximum twenty-five (25) foot height limit required within the C-1 Office and Professional Commercial zoning district for the Woolbright Professional Plaza. Motion seconded by Mr. Finkelstein and carried 7-0. C. SITE PLAN 1 Project Name: Woolbright Medical Building Agent: Everett Jenner Owner: Woolbright Corporation of Boynton Beach Location: Request for new site plan approval to construct a 7,380 square foot medical office building on 0.39 acres. Meeting Minutes Planning & Development Board Boynton Beach, Florida August 8, 2000 Mr. Jenner assumed the podium and stated that the applicant wished to withdraw the item from the agenda. Motion Vice Chair Dube moved to accept the applicant's request to withdraw the item from the agenda. Motion seconded by Mr. Hay and carded 7-0. D. CODE REVIEW 1. Project Name: Landscape Regulations Applicant City of Boynton Beach Description: Amendments to Chapter 7.5, Article 11 (and related sections) to add aesthetic/beautification requirements, to create additional buffering standards, to increase maintenance requirements, increase planting specifications and to codify lake planting requirements. Mr. Rumpf noted that this is a section of the City's Code that has been deficient for a long time. Staff has been dealing with this on a case-by-case basis by requesting higher quality landscaping. Staff has fought hard to raise the landscaping standards. He pointed out that the basic weaknesses in the Code are that the landscaping specs require smaller plant species and there is the lack of beautification. The City's landscaping Code is not world class as defined in the Visions 20/20 Plan. In the agenda packet are proposed modifications to the landscaping regulations, which Mr. Rumpf reviewed as follows, while making a Power Point presentation. 1. The width of the buffer between the vehicle use area and the right of way would be increased. Currently the Code requires a minimum of 5' and it would go to 7. Greater space would provide more depth and more green. 2. The creation of a landscape buffer requirement. 3. More stringent maintenance requirements are being proposed. 4. There will be an increase in minimum planting requirements for both trees and shrubs. Currently the minimum tree height is 8' and it is being proposed to 12'. Hedges will be increased from the 18" minimum to 24". Spacing requirements currently are 2. It is being proposed that more plantings be from "tip -to -tip". Mr. Rosenstock inquired why trunk diameter was not covered. Mr. Rumpf stated that this was discussed and it was felt that increasing the age and height of the 10 77- Meeting Minutes _.. Planning & Development Board Boynton Beach, Florida August 8, 2000 tree would increase the diameter of the trunk. Mr. Rosenstock would Like staff to reconsider and add diameter to avoid getting tall, thin trees. Mr. Rumpf said this would be inserted in the modifications. 5. Also, 30' is being proposed for spacing of trees as opposed to 40'. Mr, Finkelstein inquired if there would be a problem root wise if certain plants were planted tip -to -tip? Mr. Rumpf will discuss this issue with the Urban Forester. 6. It is anticipated to add more color to landscaping and the new Code would provide for colorful ground cover plants to be placed along the perimeter, allowing for some design flexibility, such as clumping, clustering, or matching the shrub itself. Also, plants would be placed around entrances and signage. 7. Foundation landscaping regulations for commercial buildings are being proposed Mr. Rosenstock inquired why the Code should allow Ficus trees, since it is considered a nuisance tree? It should be specified that nuisance trees are not allowed and offer alternatives. Mr. Rumpf will also discuss this with the Urban Forester. 8. Since 1986, lake plantings have been required for environmental reasons. The proposed regulations would codify these requirements. 9. Interior tree requirements for larger projects would be increased and would be based upon the number of parking spaces, rather than upon green area which is based upon parking spaces. This would require a more dense tree count. Mr. Rosenstock asked about the replacement of landscaping if any of the material dies and that it should be replaced. Mr. Rosenstock stated this should also be included in the revised Code. Mr. Ensler also inquired about the requirements for letters of 'credit and if they need to be clarified. Attorney Igwe stated that this is already in the Code. Mr. Rumpf will look at this furtherers well. Mr. Rosenstock inquired if there were any penalties in the landscape Code for failure to comply. Mr. Rosenstock suggested this issue be brought up with the City Attorney. Assistant City Attorney Igwe stated this would fall under the Code Compliance Board. Mr. Rosenstock noted that many areas are now using effluent water for irrigation purposes. He questioned if this should be put in the Code that when effluent water becomes available that it would become incumbent upon the property 11 Meeting Minutes Planning & Development Board Boynton Beach, Florida August 8, 2000 owner to hook up their irrigation system to the effluent water. Mr. Rumpf said he would look into this. 10. A signature tree species would be added to the Code so that it would not have to be done on a case-by-case basis and would provide some uniformity throughout the City. Mr. Rumpf noted that a signature tree is a tree with blossoms or natural color other than green, which could include Yellow Elder, Scarlet Bush or Bougainvillea. Mr. Rumpf said he would review the Board's comments with the Urban Forester and incorporate those comments into the Code as advisable. Also, he will further discuss the issue of letters of credit with the Legal Department. Motion Vice Chair Dubd move ' d to approve amendments to Chapter 7.5, Article 11 (and related sections) to add aesthetic/beautification requirements, to create additional buffering standards, to increase maintenance requirements, increasing planting specifications and to codify lake planting requirements, subject to the comments made this evening. Motion seconded by Mr. Rosenstock and carried 7-0. 8. Other None 9. Comments by members None 10. Adjournment There being no further business, the meeting properly adjourned at 8:45 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) 12