Minutes 07-11-00MINUTES OF THE PLANNING &' DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, JULY 11, 2000 AT 7:00 P.M.
PRESENT
J. Stanley Dube, Vice Chairman Mike Rumpf, Planning & Zoning
Bob Ensler, Alternate Director .
Larry Finkelstein Nicholas lgwe, Assistant City
Michael Friedland Attorney
Woodrow Hay Lusia Galav, Senior Planner
Steve Myott Dick Hudson, Senior Planner
Maurice Rosenstock
ABSENT
Pat Frazier, Alternate
Lee Wische, Chairman
1. Pledge of Allegiance
In the absence of Chairman Wische, Vice Chairman Dube presided and called
the meeting to order at 7:18 p.m. Vice Chair Dube led the Board and audience in
the Pledge of Allegiance to the Flag.
2. Introduction of the Board Members
Vice Chair Dube introduced the Board members; Nicholas Igwe, City Attorney;
the Recording Secretary; Mike Rumpf, Director of Planfiiog & Zoning, who
introduced Lusia Galav and Dick Hudson, Senior Planners .for the City.
3. Agenda Approval
Motion
Mr. Rosenstock moved to approve the agenda. Motion seconded by Mr. Hay,
which carried unanimously.
3. Approval of Minutes
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MINUTES OF THE PLANNING &' DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON TUESDAY, JULY 11, 2000 AT 7:00 P.M.
PRESENT
J. Stanley Dube, Vice Chairman Mike Rumpf, Planning & Zoning
Bob Ensler, Alternate Director .
Larry Finkelstein Nicholas lgwe, Assistant City
Michael Friedland Attorney
Woodrow Hay Lusia Galav, Senior Planner
Steve Myott Dick Hudson, Senior Planner
Maurice Rosenstock
ABSENT
Pat Frazier, Alternate
Lee Wische, Chairman
1. Pledge of Allegiance
In the absence of Chairman Wische, Vice Chairman Dube presided and called
the meeting to order at 7:18 p.m. Vice Chair Dube led the Board and audience in
the Pledge of Allegiance to the Flag.
2. Introduction of the Board Members
Vice Chair Dube introduced the Board members; Nicholas Igwe, City Attorney;
the Recording Secretary; Mike Rumpf, Director of Planfiiog & Zoning, who
introduced Lusia Galav and Dick Hudson, Senior Planners .for the City.
3. Agenda Approval
Motion
Mr. Rosenstock moved to approve the agenda. Motion seconded by Mr. Hay,
which carried unanimously.
3. Approval of Minutes
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
Motion
Mr. Friedland moved to approve the 'minutes of the June 27, 2000 meeting.'
Motion seconded by Mr. Hay,4hich carried unanimously:
4. Communications and Announcements
A. Planning and Zoning Report
1. Final disposition of June 27, 2000 Planning and
Development Board meetingagenda items.
Mr. Rump reported on the disposition of the following items by the City
Commission at their July 5, 2000 Meeting:
(1) Barbara Bradshaw, Park Shore Manor Bed & Breakfast was
approved.
(2) 20/20 Overlay Districts were approved with two modifications.
(3) The two Wood Partner items were postponed.
(4) Ordinances on first reading were the dual text change ordinances
regarding unnamed commercial uses, which did not pass.
(5) The item to amend the M-1 zoning district to allow unnamed uses
as permitted uses passed.
(6) The sister ordinance to allow unnamed uses in C-4 district as
conditional uses failed on first reading.
(7) The abandonment for Quantum Park PID for utility easement was
approved on first reading.
(8) The Bay Vista Land Use Plan Amendment and the Re -zoning items
were approved.
Vice Chair Dube announced that the next items are Public Hearing items and
that anyone who wished to speak must be sworn in. Vice Chair Dube instructed
Assistant City Attorney Igwe to administer the oath to all persons who would be
testifying.
6. Old Business
A. PUBLIC HEARING
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
Comprehensive Plan Text Amendment
1. PROJECT NAME: Wood Partners Text Amendment
AGENT: Kilday & Associates; Inc.
DESCRIPTION: Amend Policy 1.16.1 of the
Comprehensive Plan Future Land
Use Element to increase the
maximum density in the High
Density : Residential land use
category from 10.18dwelling units
per acre to 16 dwelling units per
acre.
Mr. Myatt informed the Board that he must withdraw from consideration of this
item due to a conflict of .interest, which Attorney Igwe confirmed after he had
spoken to Mr. Myott.
Mr. Rosenstock inquired .what the conflict was. Mr. Myott responded that the
architectural firm that he works for has been in contact with Wood Partners, the
proposed developer of the property, although he does not know the status of his
firm's involvement . Also he has family -members on one side of the item. Mr.
Rosenstock noted that based upon the law of the State of Florida when people
declare a conflict it is important that the reasons be stated .in the record.
Kieran Kilday, of Kilday & Associates, Inc., 1551 Forum Place, Bldg. 100,
West Palm Beach, Florida assumed the podium.
Chairman Dube stated that the Planning and Zoning division recommended that
the application by Wood Partners to increase the gross density permitted for the
high, density residential land use designation from 10.8 dwelling units per acre to
16 dwelling units per acre be denied and not be transmitted to the State for
further processing. Staff opposes any increase to the maximum density permitted
for the high-density residential land use designation.
Staff has based this recommendation on several conclusions. Since there are no
conditions for approval of the item, the Board must address staff's denial and
staff's conclusions for denying the request.
Mr. Rosenstock asked the agent if he was familiar with the reasons for denial and
Mr. Kilday stated he was. Mr. Kilday requested that he give an overview of the
item and how it relates to the second item on the agenda, which has staff's
recommendation for approval. Wood Partners wishes to purchase the property -
owned by ,the First Baptist Church located in the Woolbright Place PCD. When
the Woolbright PUD was approved, this 14 -acre site was designated as a civic
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
site with the intent of the church at that time to relocate from its current Seacrest
Avenue site to this site.
Since that time, the church members made' a decision to remain in their present
site in the downtown area and to remain part of the downtown redevelopment.
Therefore.,,the church would like to sell the property to the applicant and use the
funds for an addition to their existing facility. Two years ago the property land
use was changed from civic site to a medical office and nursing home/ACLF use.
To do this, they changed from being part of the Woolbright PLID to be their own
separate, distinct PCD. This was approved and there was a contract purchaser
at that time that was given 18 months to develop the property and the 18 months
has expired.
Wood Partners have entered into a contract with the Church to build an
apartment complex on the property. Traffic' generation would be identical' to that
of the medical office/ACLF and could allow for 240 units .to be built on the
property. However, the City's current land use designation for high density would
not provide for a density that would allow anything close to the 240 units.
Mr. Kilday presented a chart showing the City's land uses from low density to
high-density, which is 10.8. Along the Intracoastal and inside the City there is
special high density, which permits 20 units per acre, and in the central business
district there is a potential for 40 units per acre.
After speaking with staff it was determined that if the high-density designation
was changed in portion of the City, it would change throughout the City. Mr.
Kilday presented a map, which showed that virtually all the high-density
residential land use within the City is built out. After speaking with staff and Mr.
Greene, the City's Director of Development, he pointed out there was a huge gap
between 10.8 and 20 and that it might make better sense for the high density to
be somewhere between the 9.8 to 20 and that is why the applicant chose 16,
which would be a mid -point.
Staff does not recommend allowing 16 units per acre, to which we can agree, but
the applicant would like to be allowed to have 12.1 units per acre for high density.
Mr. Kilday said they would agree with staffs recommendation to not support 16'
units, but that 12.1 would be consistent with the City's other land uses. If the 12.1
units per acre were permitted, the applicant would be able to build the 240 units.
Although the 12.1; units per acre is good for this property owner, it does not justify
it being applied' to other properties.
Mr." Kilday reiterated that if the Board would not support the original request for
16 units per acre, it should consider supporting 12.1 acres per unit.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
Vice Chair Dube asked Mr. Rumpf ifstaffwould agree to this and Mr.Rumpf
replied that it would be difficult to justify a citywide change based on these two
reasons in land use designations. Mr. Rumpf said that staff would be in favor of
site-specific changes, rather than citywide, and did review the 'project on its
merits. The project would result in a reduction of measurable impacts regarding
traffic and utilities. Mr. Rumpf pointed out the location of the property on the
graphic being displayed on the screen in relationship to the surrounding
properties:
Mr. Ensler' questioned why staff would recommend putting a higher'density. in this
location, rather than trying to have something blend in with the surrounding
locations. Mr.' Finkelstein asked for clarification that the actual density of the
Vinings is 16.2 units per acre and noted the applicant had asked for 17.1 units
per acre. Mr. Rumpf confirmed that the Vinings is 16.2 units per acre.
Mr. Rosenstock said he is concerned about the overall look of the City of
Boynton Beach and feels that Boynton Beach has become the apartment
complex of southeastern Florida. The City has more density and capacity than
any other municipality in Palm Beach County. Mr. Rosenstock asked if we want
our City to becomeiii all rental apartments? Do we want our City to have traffic
flow like Glades Road, jammed to capacity? Mr.' Rosenstock is deeply
concerned about the number of units going there and that the applicant should
remain with the 10.8 units per acre.
Mr. Rosenstock said that this Board had been previously reprimanded by the
Commission for imposing its will above and beyond' the code on previous
applicants, which is not true. In this case the Board wants to uphold the Code
and he was going to, vote to uphold the code.
Mr. Ensler questioned staffs comment which states staff further' recommends
that if the Commission denies the applicant's request, the Commission should
take action to revert the property to its prior designation which' is moderate
density residential at 7.26 units per acre. Mr. Rumpf replied that staff is trying to
be consistent with the original development order.
Mr. Hay stated that he would be in favor of the lower density of 10.8, but would
like to see consistency in other areas throughout he City when other items come
up.
Vice Chair Dube announced the public hearing. Vice Chair Dube explained that
there are two distinct and separate items on the agenda tonight. This first item
deals strictly with a text amendment to the Comprehensive, Plan and does not
deal with 'a specific piece of property and covers the entire City.
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Planning & Development Board
Boynton Beach, Florida July 11, 2000
Reverend ' ;Dave Edwards, Senior Pastor of First Baptist Church of Boynton
Beach: took: the: podium to explain the purpose\of the sale of the property.
Currently the Church is located on the northwest comer of Boynton Beach
and, help in the redevelopment of the downtown area.
Thp,Churc4 has purchasedthe-entire' block that the Church occupies and has
eliminated crack houses, cleaned up the, neighborhood and has bee,nperforming
ministry in the: neighborhood in order to hel:!:
p the neighborhood improve. Their
goal i is to sell ,Woolbri ht ,prope�rty in:,, Orderto: build a 600 -seat auditorium on
I ! I I � � I : 1 9
the: ,purrent, downtown property.: This, cannot be done unless the, Woolbright
property is sold. The;�ChUrch would,Iikpli,'!to�,stay where itistohelp thearea and
the community.
Reverend Edwards stated they do not want to hurt Leisureville and want to be
Ie residents good neighbors Th Church has held meetings with resid nt from Leisureville
regarding the,AQLF,,11 After all the agireements had been signed, the City
Commission put,contingencies upon the Church, which made it almost
the time � limit has, expired. , Reverend
impossible i to i,sell � the, �1 property, and now
Edwards asked that,
the Board look atthe ,:whole , picture on: what the Churchis
trying to, do for the community.
Since there: was no one else who wished to speak, Vice Chairman Dubd closed
the public hearing.
Mr. Kilday assumed the podium again and noted that the medical facility concept
was
s never �able to come to fruition because of a lack of the market to support it.
Therefore, the Church was left with a specific use on its property with no user.
Mr. Kilday stated that traffic studies had been done and the report concluded that
280 units would be an increase in traffic over the previous approvals. In order to
bring the traffic to the appropriate number of trips, the,applicant came up with the
240 units.
Mr. Ensler requested clarification where it indicated that the density is 7.26 and
Mr. Kilday states the current code is 10.8. Mr. Rumpf stated that the property is
currently commercially classified and has no residential classification. , Mr. Kilday
said that he is trying to keep the two applications separate and when he
addresses app �lication #1, he is referring to the 10.8 units, which is their request
to change from 10.8 to 16, which was modified to 12.1.
Mr. Rosenstock pointed out if the City Commission rejects the current application
and rejects, the second application,, the property then becomes commercial use
as specified previously by the City Commission. Mr. Kilday concurred with this
assessment. Mr. Rosenstock suggested that the church compromise and lower
the selling price so that the developer could build and the church would realize
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Planning & Development Board
Boynton Beach, Florida July 11, 2000
some money and perhaps the developer could go back and look at the numbers
again. Mr. Kilday noted that both the seller and buyer were present in the
audience tonight.
Vice Chair Dub6 called fora motion.
Motion
Mr. Rosenstock moved that the petition to amend Policy 1.16.1 of the
Comprehensive Plan Future Land Use Element to increase the maximum density
in the High Density Residential land use category from 10.8 dwelling units per
acre to 16 dwelling units per acre be denied based upon the arguments given to
us by the staff. Motion seconded by Mr. Finkelstein and carried 6-0 (with Mr.
Myott abstaining).
Land Use Plan Map Amendment
2. PROJECT NAME: Wood Partners Text Amendment
AGENT: Kilday & Associates, Inc.
OWNER: Wood Partners
LOCATION: West side of SW 8th Street
approximately 1/8 mile north of
Woolbright Road
DESCRIPTION: Request to amend 'the
Comprehensive Plan Future Land
Use Map from Local Retail
Commercial (LRC) to High
Density Residential (HDR) for
14.18 acres.
Vice -Chair Dub6 stated that staff recommends approval for transmittal to the
Florida Department of Community Affairs and requested Mr. Rumpf to clarify that
staff is approving the change from local retail to 10.8 high density.
Mr. Kilday assumed the podium and explained that now they are specifically
addressing the 14.18 acres owned by the First Baptist: Church. Mr. Kilday
requested that the map be displayed on the screen and pointed out the location
of the applicant's property and the adjoining properties. He noted that the
Vinings across the street have a density of between 15 to 16 units per acre. Mr.
Kilday pointed out that this project would separate the surrounding land uses and
it would make sense to separate the commercial uses to the east and south from
lesser density residential in the north and west.
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Meeting Minutes
Planning &Development Board
Boynton Beach, Florida July 11, 2000
Mr. Kilday requested that the Board approve staff's recommendation to move
forward at the standard density. Vice Chair Dubepointed out that the item under
consideration is only to change the designation from commercial to high density.
Mr. Rosenstock inquired how many rides per day would high-density rental
apartments generate as opposed to the commercial designation. Mr. Rumpf did
not have this information, but said that multi -family is typically 7 trips per day. Mr.
Rosenstock inquired if staff knew how many rides per day were generated in this
area now on these streets'. Mr. Kilday stated that the original approval for the
commercial and nursing home was 1,838 trips. The maximum trips based upon
high density would be 1,540 trips, or a 300 -trip reduction.
Mr. 'Ensler asked what would be appropriate for this property and should it
remain at 7.26 or go to high density at 10.87 Mr. Ensler did not feel that the
original plans should, be changed for economic reasons. Mr. Rumpf stated that
the focus was more on traffic and not land use and staff now is faced with a
retail/commercial designation as one option,` or the high-density residential option
as the second request:
Mr. Friedland recalled that the medical office would be a daytime usage and the
nursing home would have nighttime visitors. The separation of the traffic was one
of the reasons:theBoard endorsed the medical/ACLF use. He would like to see
more studies on the traffic because of the great amount of commercial in the
area. IL
Vice Chair Dube opened up the public hearing and reminded the audience that
the item being addressed is changing the land use designation from local
retail/commercial to high density as it pertains to this particular location.
Mr. Jim St. Pierre, 700 SW 8t" Place, Boynton Beach said he has resided in
the City for 18 months. Mr. St. Pierre stated that the retention pond on the
property overflowed during Hurricane Irene and flooded the entire site. Mr. St.
Pierre noted that the Woolbright Association, which is made up of the Vinings
Apartments, Cracker Barrel, Home Depot and the Baptist Church maintains the
retention pond. Mr. St. Pierre did not think that the current retention pond' could
support another apartment building. Mr. Dube stated this is an issue that would
be dealt with during site plan approval. Mr. St. Pierre said that the Board should
consider the impact of�more children in the area upon the schools.
Mr. Rumpf responded ':that as part of the City's coordination with other agencies,
the School Board would be notified when applications come in that would
intensify the Comprehensive Plan Future Land Use Map. It is the School Board's
general policy to oppose all increases in density. The drainage issue would not
be addressed until the site plan is submitted that would include drainage and
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Planning & Development Board
Boynton Beach, Florida July 11, 2000
engineering plans. The project will be compelled to have on site or coordinated
drainage requirements at the time.
Mr. Clyde Jordan, Jr., 2410 SW 1St Street, Boynton Beach took the podium
and was administered the oath by Attorney Igwe. Mr. Jordan said that he has
lived in Boynton Beach for73years. Mr. Jordan said that it appears that every
time the Baptist Church wants to do something, people seem to be against it.
Mr. Jordan pointed out that the Church has done a great deal for this City and will
do a lot more if permitted to:
Vice Chair Dube closed the public hearing.
Mr. Kilday requested to address the traffic issue and said he had a traffic report
and the generation of traffic for the existing approval is 1,838 trips which is a lot
less than general retail uses. A study was done regarding peak hour
characteristics and because of that there needs to be a reduction from the 280
units proposed down to 262 units. The reduction results in 1,340 trips. Mr.
Kilday stated that if the project were allowed at the 7.46 per unit density that
would involve a townhouse/for -sale type project. He did not think this location
would be 'suitable for this type of project, being located across the street from
Home Depot. Mr. Kilday summed up by stating that the high density would be a
practical compromise.
Motion
Mr. Hay moved that the request to amend the Comprehensive Plan Future Land
Use Map from Local Retail Commercial (LRC) to High Density Residential (HDR)
for 14.18 acres be approved. Motion seconded by Mr. Finkelstein.
Mr. Ensler inquired which high density is being approved and Vice Chair Dube
noted that the City only has one highdensity.
The Recording Secretary called the roll. The motion carried 4-2-1 (Messrs.
Rosenstock and Ensfer dissenting and Mr. Myoft abstaining).
Vice Chair Dube called for a recess at 8:35 p.m.
The Meeting reconvened at 8:45 p.m.
7. New Business
A. PUBLIC HEARING
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
1. Project Name: Altman/Bay Vista (Front yard setback)
Agent: Kilday & Associates, Inc.
Owner: Altman Development Corporation
(Contract Purchaser)
Location: On the eastern terminus of S.E. 23rd
Avenue on the east side of U.S. 1
Description: Request a variance from Chapter 2 -
Zoning, Section 15G 1.(2) requesting
relief from the 40 foot setback
requirement!:in 'R-3 zoning to allow four
(4)' shade pavilions to encroach into the
setback by 32 feet or eight (8) feet from
the property line.
Vice Chair Dube said that staff is recommending denial because of the lack of a
traditional hardship.
Mr. Kieran Kilday took the podium and presented an artist's rendering of what
the pavilions would took like and pointed out the four pavilions, which were along
Federal Highway. The pavilions would be roofed with a bench and would be built
into the line of the wall, eight feet off the sidewalk. This would be a feature along
the road. Because the structures contain a roof, they would have to be built as
multi -family setbacks. The pavilions are an aesthetic consideration and the
owner wants to do something architecturally significant.
Mr. Friedland asked if the Board could approve this without the typical hardship?
Mr. Rumpf said that a code review may be appropriate to review it against
current design concepts or Visions 20/20 design recommendations and staff did
not have the time to convert the application to:!a code review application. Mr.
Rumpf did not feelthat denial of these pavilions would delay the project and
could remove them from the site plan.
Mr. Rosenstock would like to see the entire City look the way the applicant is
presenting their design and Mr. Rosenstock would like to have the Board
recommend this. He felt it was an aesthetic enhancement to the project. Mr.
Rosenstock commended the developer for going above and beyond the code in
landscaping and he feels this would be a definite improvement to the street.
Mr. Ensler concurred with Mr. Rosenstock and questioned if there was some way
the Board could interpret the code in order to approve it. Mr. Rumpf replied that
staff tried to do this. Mr. Finkelstein asked if the pavilions could be approved if
the roofs were trellis roofs, because the City. Commission has been very strict in
not approving variances if they don't follow the hardship rule? Mr. Rosenstock
would like the Board to approve the application and that the City Commission
10
could then make a decision on whether to allow it or not. ,The applicant could
always come back for the code review.
Mr. Rumpf noted that the Eckerd proposal was approved with a similar structure.
Vice Chair Dube responded that if this Board approves the item, it would go onto
the Commission's consent agenda and unless it is pulled off the consent agenda,
it would be approved automatically.
Vice Chair Dube announced the public hearing. There was no one that wished to
speak, and Vice Chair Dube closed the public hearing.
Mr. Kilday offered to look into the trellisinstead of the roof and Vice Chair Dube
said that it would be good to have an alternative ready for the Commission and
that it isn't necessary for this Board because the Board has not turned it down.
Motion
Mr. Rosenstock moved that the Altman/Bay Vista Development Corporation's
request for a variance from Chapter 2 -Zoning, Section 5 G 1.(2) requesting relief
from the 40 foot setback requirement in R-3 zoning to allow four (4) shade
pavilions to encroach into the setback by 32 feet or eight (8) feet from the front
property line be approved. Motion seconded by Mr. Ensler.
Vice Chair Dube noted that this is going against code and Mr. Rumpf as Director
of the Planning and Development Department cannot really recommend approval
for anything that goes against code.
Motion carried 7-0. -
2. Project Name: Altman/Bay Vista (Front yard wall height)
Agent: Kilday & Associates, Inc.
Owner: Altman Development Corporation (Contract
Purchaser)
Location: On the easter terminus of S.E. 23`d Avenue
on the east side of US 1
Description: Request relief from Chapter 2 -zoning, Section
4.J.1 requesting a maximum front yard wall
height of eight (8) feet which is a four (4) foot
variance from the four (4) foof maximum height
allowed.
Withdrawal Requested by the Applicant
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11 2000
3. Project Name: Altman/Bay vista (Parking)
Agent: Kilday & Associates, Inc.
Owner: Altman Development Corporation (Contract
Purchaser)
Location: On the eastern terminus of S.E. 23`d Avenue
on the east side of US 1
Description: Request relief from Chapter 2- Zoning, Section
11, H.-1 6,E, (1 2) requesting a parking variance
to reduce the required number of off street
parking spaces from 27 to nine (9) 'for the
project recreation facilities
Withdrawal Requested by the Applicant
B. CODE REVIEW
1. Project Name: Altman/Bay Vista (Wall/fence/shrub height)
Agent: Kilday & Associates, Inc.
Owner: Altman Development Corporation (Contract
Purchaser)
Description: Request to amend land Development
Regulations, Chapter 2 -Zoning, Section 4.J.1
requiring a maximum wall, fence or shrub
height within the front setback of four (4) feet,
to increase the maximum eight to six (6) feet
applicable to multi -family zoning districts.
Vice Chair Dube noted that staff recommends that the regulation be amended` to
allow the fences, hedge and wall up to 6' in height above finished grade in the R-
3 Multiple Family Dwelling District, except for chain link` fences unless enhanced
with decorative columns and/or knee -walls within the front yard setback. In all
other residential zones, the maximum' height shall remain at four (4) feet within
the front yard set back.
Mr. Finkelstein inquired when a chain link fence would be appropriate and Mr.
Rumpf replied staff is trying to provide some flexibility.
Mr. Friedland noted that his community has chain link fences that have ficus
bushes that have grown around the fence and almost cover the fence. Mr.
Rumpf said this would be allowed if done in conjunction with landscaping.
Vice Chair Dube asked if anyone wished to speak. No one wished to speak on
the item.
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Planning & Development Board
Boynton Beach, Florida July 11, 2000
Motion
Mr. Rosenstock moved to approve the request to amend Land Development
Regulations, Chapter 2 — Zoning, Section 4.J.1 requiring a maximum wall, fence
or shrub height within the front setback of four (4) feet, to increase the maximum
height to six (6) feet applicable to multi -family zoning districts, subject to staff
comments. Motion carried 7-0.
2. Project Name: Altman/Bay Vista (Parking for private
recreation areas)
Agent: Kilday & Associates, Inc.
Owner: Altman Development Corporation (Contract
Purchaser)
Description: Request to amend Land Development
Regulations, Chapter 2 -Zoning Section 11, H -
16e, (1.2) requiring parking spaces for private
recreation areas as a factor of distance to
units, to require a flat rate requirement plus
spaces for office/administrative uses.
Vice Chair Dub6 noted that staff recommends approval.
Motion
Mr. Rosenstock moved that the request to amend Land Development
Regulations, Chapter 2 -Zoning, Section 11, H-1 6e, (12) requiring parking spaces
for private recreation areas as a factor of distance to units, to require a flat rate
requirement plus spaces for office/administrative uses be approved. Motion
seconded by Mr. Hay. Motion carried 7-0.
7. New Business
C. SITE PLAN
NewSitePlan
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 new site plan approval to
construct a 7,260 square foot medical
office building on 0.89 acres
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Planning & Development Board
Boynton Beach, Florida July 11, 2000
Vice Chair Dube asked the agent to take the podium and noted that staff has
recommended approval, subject to 20 conditions.
Mr. Jon Schmidt, of Jon E. Schmidt & Associates, 333 Southern Boulevard,
West Palm Beach, Florida took the podium. Vice Chair Dube asked the agent
to only, address the comments that they did not' agreie with and Mr. Schmidt
stated there were approximately five such comments.
Under staff comments: The applicant is requesting 42 parking spaces instead of
38 spaces, which exceeds the requirement.
Condition #2: The agent pointed out that the proposed use of a
medical/professional office typically has deliveries by light trucks and vans and
the applicant feels that the loading zone space of 12' x 35' is not needed. The
applicant would like deliveries accommodated in a regular parking space. Mr.
Rumpf agreed that standard delivery trucks could utilize a regular parking space.
Condition #16: The applicant is requesting a,, waiver of this condition. Mr. Rumpf
stated that staff would agree to this.
Condition #18: The agent said they do not have a problem with putting the
project name and the lettering on top of the sign. However, the applicant would
like to have the font be determined when the final architectural plans come up for
approval. Mr. Rosenstock asked how big the numbers would be? Mr. Schmidt
stated that the letters would be between 24" to 36" for the main sign. With regard
to the street number, Mr. Schmidt stated there is a code minimum that the
number must be placed on top of the sign and on top of the building.
Vice Chair Dube asked Mr. Rumpf if this Condition #18 were put off would the
applicant have to come back for approval? Mr. Rumpf replied that the Board
could make this a condition if it wished. Mr. Rosenstock would like assurances
that staff would ensure that the numbers are the right size. Mr. Rumpf replied
that there is information in his office that was provided by the National Sign
Organization and staff will review that. Mr. Rosenstock would like this as a
condition of approval. Mr. Rosenstock asked the agent if they would accept this
and Mr. Schmidt asked what the condition would state.
Mr. Rumpf replied, that the condition wound state that the address size
would conform to standards applicable to the National Sign Council and
the agent said: they would agree to this.
Condition #20: The agent' requested that this condition be eliminated. The
plantings being requested would be on the southwest_ comer and at the main
entrance. These areas have sight line issues looking down Woolbright, as well
as the adjacent Fidelity Federal site. ` The applicant is committed to increasing
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
the height of the trees to 10' height and will be doing additional plantings directly
adjacent to the building.
Mr. Rumpf replied that staffs response would be to retain the recommendation,
but to alter the condition to state that the suggested landscaping would not
conflict with or will conform to the 10' clearsight triangle at those locations.
Mr. Schmidt pointed: out the areas of discussion on the artist's rendering and
addressed the landscaping being planned for these areas. After discussion, Mr.
Schmidt stated that they could accommodate Condition #20 and that their
plantings are consistent with Fidelity Federal's plantings.
Mr. Myott stated he was disappointed in the quality of the sign application
and it is: not obvious what the intent is and feels the sign is lacking. Mr.
Schmidt replied that! the height waiver that they are requesting will be
addressed at the next, Planning and Development Board meeting and they
could bring forward the applicant's plans for the signage. Mr. Myoft
requested this be acondition of approval that the applicant presents the
sign for approval.,,Mr.Schmidtsaid they would agree with this if it could be
included at the no : xtP&D meeting with the height waiver request.
Vice Chair Dubd announced the public hearing. There being no one who wished
to speak, Vice Chair Dube closed the public hearing.
Motion
Mr. Finkelstein moved to approve Item 7.C.1 for Woolbright Professional Plaza,
subject to all staff comments and with the alteration of Condition #16, that
Condition #20 be changed in accordance with Mr. Rumpf s comments and the
sign package to be brought back to the Board for approval. Motion seconded by
Mr. Rosenstock. Motion carried 7-0.
2. Project Name: Woolbright Medical Building (Freeman)
Agent: Everett Jenner
Owner: Woolbright Corporation of Boynton
Beach
Location: Woolbright Road and 22nd Street
(northwest corner)
Description: Request for new site plan approval to
construct a,7,380 square medical office
building on 0.39 acres.
Vice Chair Dub6 noted that staff recommends approval subject to 14 staff
comments.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
Mr. Everett Jenner, 2647 NW 41st, Boca Raton, Florida took the podium and
Vice Chair Dube requested that the agent' limit his comments to the ones he
disagrees with or the ones on which he needs clarification.
With regard to Comment #1, the applicant wishes to retain the tree on top of the
Fire Department Siamese connection, and has spoken to the Fire Department
about moving the connection and moving the<tree somewhat.
With regard to Item #6, the agent noted that when the,, requirement for parking
under the building of 8' 6" is added, the building would' automatically be higher
than 30'. The agent' would like to build a 25' building with 8'/2 ' for the ,parking
requirements and a 2'/Z' parapet around the entire building. Adding the elevator
shaft to the building brings the entire height of the building to 39. Therefore, the
applicant wquld liketo request 'ia building height of 39'. This is necessary
because of lack of parking space and he code requirem nt'that a certain amount
of parking spaces be available.
Vice Chair Dube noted that the comment states to eith'e'r build the building at 30'
or apply for a hardship, and the applicant has applied fora variance.:
Mr. Jenner said that they agree with all of the other staff comments.
Discussion on the size of the building took place and the agent stated that the
applicant requested he wanted at least a 6,000 square foot building.
Mr. Friedland felt the building was unique with the elevator on the side and if staff
would' go along with the request for a hardship for additional footage, he would
like to see the item passed.
Mr. Myott questioned if the design of this building would work well with the design
of the building just approved and the Fidelity building. Also Mr. Myott had
concerns about the landscaping and would like to see the landscaping on the
elevated plan. Mr. Jenner explained what kind of landscaping would be planted
and pointed out the locations on the artist's rendering.
Mr. Finkelstein inquired if any of the neighbors had any comments and Mr.
Kumpf replied that the item had not been advertised.
Mr. Ensler said that he would have difficulty in approving the item because staff
has stated that the building must be 30' and the building is not 30'. Vice Chair
Dube pointed out that the Board is being asked to approve a site plan, not a
building. Mr. Myott said that the building could not be lowered by 9' and have the
parking remain' underneath the building.
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
Mr. Myott suggested that the applicant submit their- request for a variance
simultaneously or, before the site plan is submitted for approval. if the variance
passes, then the building would pass.
Mr. Rosenstock suggested that the item be tabled or postponed until the
applicant comes back with a site plan that meets the code. Mr. Jenner stated
that the site plan would not change, but the height of the building would probably
be modified to come within the 30'. This would be very expensive and it would
negate the possibly of any vans coming through the parking; area and it would
reduce the height of ceilings from 10' to 8'8".
Motion
Mr. Myott moved to deny the request for a new site plan approval to construct a
7,380 square foot medical office building on 0.39 acres. Motion seconded by Mr.
_Hay.
The agent requested that the application be tabled.
Mr. Myott withdrew his motion and Mr. Hay withdrew his second of the motion.
Vice Chair Dube calked for a vote to table the application. The request to table
carried 7-0.
Mr. Rumpf requested that the date the application is being tabled to be stated
and that it could be timed with the variance, if the applicant would concur to that.
Chairman Dube requested that the request to table be heard with the
variance.
3. Project Name: Bethesda Hospital (Lobby Expansion)
Agent: James Bellucy
Owner: Bethesda Memorial Hospital
Location: 2815 South Seacrest Boulevard
Description: Request for new site plan approval to
construct a 88,442 square foot
emergency room/lobby expansion to the
existing hospital building located on
24.22 acres.
Mr. James Bellucy agent for the applicant took the podium, together with Mr.
Gary Springer of HDR Architects, 8404 Indian Hills Drive, Omaha, Nebraska.
17
Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July11, 2000
Vice Chair Dube° noted there were 11 staff conditions and Mr. Springer said they
agreed with all staff's conditions. An artist's rendering of the project was
presented to the Board for review.
Motion
Mr. Rosenstock moved that Item 7.C.3 for Bethesda Hospital request for new site
plan approval to construct an 88,4.42 square 'foot 'emergency room/lobby
expansion to the existing hospital building located on 24.22 'acres be approved,
subject to all staff recommendations. Motioni seconded by Mr. Finkelstein.
Motion carried 7-0.
8. Other
None
9. Comments by Members
Vice Chair Dube requested that the Recording Secretary separate the members
comments from the minutes of the meeting and provide ahem to the
Commissioners in this manner. Vice Chair Dube said he feels that the
Commissioners do not read the minutes and that they ask the same questions
that this Board asks of the applicants and the answers are already in the minutes
and they are certainly not listening to the tapes.
Vice Chair Dube stated he was appalled that they had to sit in these seats and sit
at these tables for almost three hours in these hard chairs. Vice Chair Dube
suggested that the Commissioners sit in these seats; because if this Board' is
intimidating people, then why isn't the Commission intimidating people and why
do they get to sit up there and we get to sit down here.
Vice Chair Dube stated that he has lived in Boynton Beach for over 40 years and
he realized that his comments will probably keep me from being elected to the
Board, but he would like the Commission to reconsider the point that they are
trying to make. This Board makes important decisions for the benefit of the City
and should not make us go through this.
Mr. Friedland noted that in the Boynton Times there was an article written by a
Mr. Currier who stated that this Board should be put in its place. To the contrary,
Mr. Friedland feels that this Board should be elevated to be the strongest
committee that we could possibly be for the benefit of the community, rather than
be subjected to what took place tonight from being shuffled from one room to
another. There are no 'microphones and the members have been forced to sit at
made -shift tables and it is demeaning. If Mr. Friedland is not appointed next
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Meeting Minutes
Planning & Development Board
Boynton Beach, Florida July 11, 2000
time, so be it. This puts the Board in a bad light with the community and it is
discomfort to everyone having to sit in these chairs.
Mr. Hay concurred with what has been said and stated he has a problem sitting
in these chairs for such a great length of time. Mr. Hay feels this is totally
unprofessional - and Mr. Hay said he was asked to serve on this Board, and is
more than happy to serve. However, Mr. Hay feels if he is going to be treated
this way, he would rather be home with his family.
Vice Chair Dube noted in the newspaper article dated July 7t", the City Manager
stated that there would be a written apology and not one member of this Board
received a written apology including the Chairman. Mr. Friedland said that the
City Manager showed him at last week's Commission meeting a letter that was
prepared and said he would have a meeting with this Board to let us know why
this was done and how this all came about.
Mr. Myott requested that the Board be placed back on the dais.
10. Adjournment.
There being no further business, the meeting properly adjourned at 9:50 p.m.
Respectfully submitted,
Barbara M. Madden
Recording Secretary
(3 tapes)
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