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Minutes 11-28-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE LIBRARY PROGRAM ROOM 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA, ON TUESDAY, NOVEMBER 28, 2000 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley DubS, Vice Chair Robert Ensler, Alternate Mike Friedland Woodrow Hay Steve Myott Lindsey Payne, Assistant City Attorney Mike Rumpf, Planning & Zoning Director Dick Hudson, Senior Planner ABSENT Pat Frazier, Alternate Maurice Rosenstock 1. Pledge of Allegiance Chairman Wische called the meeting to order at 7:00 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; Lindsey Payne, Assistant City Attorney; Mike Rumpf, Director of Planning & Zoning; Dick Hudson, Senior Planner; and the Recording Secretary. 3. Agenda Approval Motion Vice Chair Dub6 moved to approve the agenda, which was seconded by Mr. Ensler and unanimously carried. 4. Approval of Minutes Motion Vice Chair Dub~ moved that the minutes of the November 14, 2000 meeting be approved. Motion seconded by Mr. Ensler and unanimously carried. Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of November 14, 2000 Planning and Development Board meeting agenda items. Mr. Rumpf reported on the disposition of the following items by the City Commission at their November 21, 2000 Meeting: The Boynton Beach Boulevard PCD, a/k/a BJ's Wholesale Club major master plan modification and rezoning to include the BJ's Wholesale Club, gasoline station, a bank and two future outparcels was approved. The site plan for the BJ's project was also approved. Chairman Wische announced that as soon as the agent for the Woolbright Place PUD appears, this case will be moved up on the agenda: Chairman Wische requested that Assistant City Attorney Payne administer the oath to all persons who would be testifying. 6. Old Business A. PUBLIC HEARING Maior Master Plan Modification/Rezoning 1. Project Name: Agent: Owner: Location: Description: BOYNTON SHOPPES PCD (HEISE PCD) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for Major Master Plan Modification to allow for the construction of an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD. Mr. Robert E. Basehart, of Basehart Consulting, Inc. assumed the podium, Chairman Wische noted that staff has recommended approval and asked if staff had anything further they wished to add. Mr. Rumpf requested to present a brief overview of the project and asked the members and the audience to refer to the plan displayed on the overhead screen. The PCD was pointed out and Mr. Rumpf stated that the. Master Plan 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 was approved and partially developed to include the southern portion and all the site improvements to the north up to Woolbright Road, The amendment on the agenda tonight is to amend the PCD to include the a 3,000 square foot (displayed on the overhead screen) building in the northern section. This represents an amendment to the Master Plan because this portion of the project was not included on the odginal Master Plan. Chairman Wische announced the public hearing. Since no one wished to speak, Chairman Wische closed the public hearing. Motion Mr. Friedland moved to approve the request for a Major Master Plan Modification to allow for the construction of an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD, subject to all staff comments. Motion seconded by Mr. Ensler. Motion carried 5-1 (Vice Chair Dub~ dissenting) Zoning Code Variance 2. Project Name: Agent: Owner: Location: Description: BOYNTON SHOPPES PCD (Side Yard Setback) Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for relief from Chapter 2 Zoning, Section 5.F.7.e, requiring a minimum 30 foot setback to allow a 17.5 foot variance or a minimum 12.5 foot side yard setback within the Boynton Shoppes PCD. Mr. Rumpf explained the reason for the zoning code variance request is to allow for a 12.5' side yard set back and the Code requires a 30' side setback in order for the project to fit. The first time the project was presented to staff, there was a drive-thru on the eastern side. However, that required two setbacks, one side setback, and a reduction in th~, required buffer. Therefore, after speaking with the applicant, the drive-thru and the buffer reduction variance were eliminated to make the project work without further reducing the width of the building. Chairman Wische asked Mr. Rumpf if staff agreed with these changes and Mr. Rumpf replied that they did. 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida NoVember 28, 2000 Vice Chair Dub6 said that he felt that the owner of the property has not been a good neighbor and now he is requesting a favor from the City. Vice Chair Dub6 said the place is a disgrace and the windows are full of signs, in violation of the sign code. Also, the right of way has signs sticking outat the curb, and over the past year there have been more than one-half dozen illegal signs in the entrance to the property. Vice Chair Dub~ said that the owner needs to clean up the place and make it look more presentable. Mr. Basehart stated that the owner was present tonight and could address Vice Chair Dubb's concerns. Chairman Wische asked if the Code Compliance Department was ever given the details of what Vice Chair Dubb brought up? Mr. Heise, the owner of the property, took the podium and was administered the oath by Attorney Payne. Mr. Heise said that he was not aware of the property ever being cited for sign violations, but will address the issue at once. Mr. Heise feels that his building is attractive and maintained well and he does not want any signs to degrade the appearance of the property. Vice Chair Dub~ stated the greatest offender is the shipPing business. Mr. Heise said he would look'at the Code and then speak to his tenants. Chairman Wische announced the public hearing. Attorney Payne administered the oath to Mr. Joseph Phelan, 103 SW 8th Court, who said he could not understand how this Board could approve a 3,000 square foot building when there is not enough access space around the building. Mr. Basehart addressed his question and explained that the code permits up to a 40% floor area ratio. With this addition, the site would still be only at 14%, which means that it is only one-third of the amount of development that would be allowed under Code. Chairman Wische closed the public hearing. Mr. Basehart noted that the site plan approval is further down on the agenda and requested that it be moved up to be addressed at this time. Motion - Mr. Friedland moved to approve the request for relief from Chapter 2 Zoning, Section 5.F.7.e, requiring a minimum 30 foot setback to allow a 17.5 foot variance or a minimum of 12.5 foot side yard setback within the Boynton Shoppes PCD, subject to all staff comments. Motion seconded by Mr. Ensler. Motion carried 6-0. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida November28,2000 Motion Vice Chair Dub6 moved that Item 6.B.1 follow Item 6.A.2. Motion seconded by Mr. Ensler and unanimously carried. B. SITE PLAN New Site Plan 1. Project Name: Agent: Owner: Location: Description: BOYNTON SHOPPES Robert E. Basehart, Basehart Consulting, Inc. Boynton Shoppes, LLC 1620 S. Congress Avenue Request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD. Chairman Wische noted that there were 13 staff comments and requested that the agent only address the comments that they do not agree with or the ones that require clarification. Mr. Basehart said they agreed with all staff comments. Chairman Wische announced the public hearing. Since no one wished to speak, Chairman Wische closed the public hearing. Mr. Myott noted that the building matches the current buildings. Mr. Basehart stated that this building would be a carbon copy of the existing buildings. Motion Vice Chair Dubb moved to approve the request for new site plan approval to construct an additional 3,000 square foot retail building located on a 0.727 acre outparcel in the Boynton Shoppes PCD, known as the Boynton Shoppes, LLC, subject to all staff comments. Motion seconded by Mr. Hay and carried 6-0. Mr. Kieran Kilday of Kilday & Associates, Inc. arrived and Chairman Wische announced that his item would be heard next. Motion Vice Chair Dubb requested that Item 7.A.1. (Wood Partners), west side of SW 8th Street, approximately 1/8 mile north of Woolbright Road be the next item on the agenda. Motion seconded by Mr. Friedland and unanimously carried. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 7. A. PUBLIC HEARING Master Plan Modification/Rezoning 1. Project Name: Agent: Applicant: Location: Description: WOOLBRIGHT PLACE PUD (WOOD PARTNERS) Kilday & Associates Inc. Wood Partners West side of SW 8th Street, approximately 1/8 mile north of Woolbright Road Request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings on 14.18 acres at a density of 10.8 DU/VC Chairman Wische noted that there were ten staff comments and requested the agent only address the ones they do not agree with or need clarification on. Mr. Kieran Kilday said that they accept all staff comments. Mr. Rumpf gave an overview of the project as follows: The property was designated as the Baptist Church Project. The Church decided not to relocate to the site and put the property on the market. The best use determined for the property was a medical complex to include an office building, nursing home and an ACLF. This use required the extraction of this property from the original PUD. It was replaced with a planned commercial development (PCD) designation and classification. However, there was no market for this use and the market now points to use of the property for residential and particularly high-density apartment rentals. Last year the applicant came to the City and requested a land use classification to amend the land use from commercial back to residential. This has gone through City and State processing and is now completed. The applicant has waited to time the final approval of the Land Use Plan Amendment at the City level with the rezoning of the project. This requires that the project be taken out of the PCD designation and put back into the PUD and rejoined with the existing Woolbright Place PUD in order to develop the property for the residential project. The site plan will come to the Board at a future meeting. Chairman Wische stated that the backup material indicates that Leisureville, which is adjacent to the project is 7.6 dwelling units per. acre. Chairman Wische said that the backup material was confusing because if the property was 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 reverting to residential why would it not remain at the 7.6 instead of going to 10.8 dwelling units per acre and requested clarification on this point. Mr. Rumpf stated when the project was originally built, it was built at 7.26 per acre, moderate density/residential. When the 14 acres was pulled out of the PUD that caused the density in the PUD to lose its maximum of 7.26. Even though there was no further development in the built-up portion of the PUD, the density no longer complied when the 14 acres was pulled out. Once the 14 acres was pulled Out, the nearest land use classification was 10.8 or high density. This is greater than needed, but is the minimum that would apply. Mr. Ensler pointed out that the figure was 9.79 units per acre. To make the project comply, the applicants had to go up in density, which they did and which was approved by the City. Mr. Rumpf pointed out that the City does not have a land use classification of 9.79 and they are in increments and the most appropriate increment was 10.8 or high density. Chairman Wische said he didn't understand if the ACLF wasn't built within 18 months, why didn't the property revert back to the original classification. Mr. Ensler pointed out that the original acreage was 80.36 acres and using the 7.26 dwellings per acre, there would make a total of 583 for all the property. The actual number of units that have already been built in the Vinings and Crystal Bay exceeds that at 648 units. Mr. Rumpf was not certain how this was arrived at and whether or not the lawsuit had any influence on the original approvals. Mr. Myott said that the Vinings is a higher density project than the one being presented today. The Vinings is 16.17 dwelling units per acre. Also, Mr. Ensler noted that although the figure of 10.8 is being mentioned, by recombining the two areas into one, in actuality the applicant would get a density of 15.2 dwellings per acre and not 10.8. Mr. Rumpf stated that this assumption was. The rejoining of the property with the existing PUD allOws the applicant to take advantage of the surplus density that remains between the 9.79 and the 10.8. Mr. Kilday stated that there were two items before the Board tonight, the master plan amendment and the rezoning approval. Mr. Kilday stated he was involved in the original approval process 12 years ago that included commercial and residential. There were lawsuits involved and the final densities that were set were the densities that were built and there are' exactly 640' units, which is in the settlement agreement with the City. The Vinings has a net density of 16.2 units per acre. Chairman Wische pointed out this was the result of the settlement of the lawsuit and this density was agreed to as an enhancement to save the City some money, but was only for this particular site. Mr. Kilday agreed that this was correct.-Crystal Key is approximately 3 to 3.5 units per acre, the retention area is zero units per acre and the Church site initially had zero units per acre. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr. Kilday stated that Wood Partners made an offer to purchase the property, but it was based upon achieving a density to build an upscale project and that net density, due to shifting the densities in the PUD, is 15.3 units per acre, which comes to 216 units. Mr. Kilday presented an artist's rendering of how the project would look. He pointed out that the project is located within an intensive retail area, which includes a gas station, Cracker Barrel, and across from the property is the Expo Center and Home Depot. The property is also buffered from Leisureville by a significant canal and power easement. Also, the project would not share any roads with Leisureville and it is anticipated that an additional retention area will be provided to the north of the site. Mr. Kilday explained that in order to make the project viable, there must be enough units to support the amenities, which includes a pool, pool house, exercise room, etc. The amenities portion of the project was presented to the members on an artist's rendering. Chairman Wische asked about the rental prices for the units and Mr. Kilday was not certain, but thought it would be in the $1,000 to $1,200 per month range. Mr. Kilday stated if they were only allowed the 7.62 units per acre, the applicant would not purchase the property and it is unlikely that there would be any type of market for the property for' lower-density residential use. Mr. Kilday said that the proposed project would be a good compromise alternative that would allow the property to be developed with minimal affect upon the surrounding neighbors. Vice Chair Dub6 noted that originally 864 units were approved for the site at 10.75 units per acre. The Vinings has 548 units, Crystal Key has 84 units with 16 duplex units, leaving a balance of 216 units left to build. Mr. Kilday said that the 216 units could only be achieved with the higher density and by combining the two properties. Mr. Friedland pointed out that staff presented a report on the tax base that this project would bring into the City and asked Mr. Kilday if he had any recollection of what transpired at the prior hearing on the project. Mr. Kilday said four or five months ago when they first appeared before the Board, they asked for an Amendment. to the Comprehensive Plan to allow up to 16 units per acre. In the downtown area up to 40 units per acre is allowed and along the coast up to 20 units per acre. However, west of 1-95 the maximum is 10.8. The Board at that time recommended denial and Mr. Kilday said he withdrew his request. At the following Commission meeting, he stated that the applicant could live with the 10.8 units per acre, but they needed to have the benefit of calculating the density based upon the PUD land use. This Board also ~'ecommended denial on the 16-Unit request. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida November28,2000 Mr. Ensler asked Attorney Payne if she could address the question of rezoning for economic advantage. Attorney Payne stated that economic advantage could be one of the factors considered, but also the surrounding land uses must be looked at and whether the project would be compatible and consistent with those uses. Economic advantage should not be used as the sole criteria. Mr. Hay asked for clarification purposes if the applicant was asking for 15.3 dwelling units per acre? Mr. Kilday stated that is correct and necessary for the 216 units. Mr. Hay asked if the 10.8 dwelling units would be acceptable to the applicant and Mr. Kilday responded it would not. Chairman Wische noted that the request states 10.8 dwelling units per acre and that is what this Board is being asked to make its decision on. Mr. Kilday stated that tonight this Board is only ruling on the PUD and the PUD density is 10.8, but the actual site plan, which will be heard on December 12th will contain 216 units or 15.3 dwelling units per acre. Mr. Ensler pointed out that there are two proposed changes, one is to rezone the property to a PUD and second to reassemble the property with the Woolbright Place PUD. The second part of the proposed change would allow the density to be increased to 15.3 dwelling units per acre. Mr. Myott inquired about the height of the buildings and Mr. Kilday stated the buildings are three stodes. The clubhouse would be one story. Chairman Wische announced the public hearing. Robert Linnon, 607 SW 8th Place, Boynton Beach said that the traffic on 8th Street has increased tremendously. Chairman Wische said the traffic would be discussed at the site plan hearing in two weeks, when a traffic report would be given. Mr. Linnon noted that in October 1999 there was a serious flooding problem and the greater the density of the buildings means more land will be covered creating more runoff. Mr. Linnon stated that there is a portion of Leisureville, which is directly adjacent to the project. Mr. Linnon complimented the Board on its thoroughness in examining the project. Ms. Jean McNally, 128 NW 10th Court, Boynton Beach said if this Board approves the additional density the traffic would increase. Chairman Wische responded th~it this Board has to vote tonight on what is on the agenda not on what might happen. Ms. Mary Cucinotta, 204 SW 8th Place, Boynton Beach took the podium and was administered the oath by Attorney Payne. Ms. Cucinotta asked if the project called for creating a second runoff?. 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr. Kilday noted there is currently a lake along 8th Street and they would be expanding the lake to the south, which may or may not be connected. Further, Mr. Kilday said the purpose of the lake is to keep water frem running off the site. Mr. Kilday stated when Hurricane Irene hit, the entire County was flooded and it is impossible to contrel those types of storms. Whenever there is runoff, it would flow into the canal, which connects to the outfall and there will be no additional runoff going into Leisureville. Ms. Norma Yaegger, 108 SW 8th Place, Boynton Beach said that the lake is not a lake, but is a pond and is not very big. Ms. Yaegger could not understand why anyone would want to live next to Cracker Barrel and all the fast food restaurants in the area and is opposed to the project. Susan Carlson, 721 SW Lake Court, Boynton Beach said that she and her parents have lived in this area since the 1970s and that the area today is so dense that the quality of life is suffering. Boynton Beach used to be a nice peaceful place to live and when she walks down the street she now sees neon lights. Robert Baker, 4762 Palo Verdi, Boynton Beach was administered the oath by Attorney Payne and said he felt that the project was comparable to the property across the street. Mr. Baker said you cannot stop change. Chairman Wische responded that the residents in Leisureville are not against change: Mr. Baker said he was trying to present a balanced view on the project. There being no one else who wished to speak, the public hearing was closed. Mr. Friedland said that the agenda item is confusing to which Mr. Kilday agreed. Mr. Kilday said that the agenda item states 10.8 units per acre is the rezoning request tonight, but in terms of the master plan appreval, those units would increase to the 15.3 dwelling units per acre. Chairman Wische noted that the Master Plan comes in with the same vote for the density, therefore if the Board votes for the Master Plan, they would be voting for the density and the applicant could not be held to the 10.8. Mr. Friedland suggested tabling the item until the confusion can be clarified. Mr. Hay said he has a preblem voting for something that appears incomplete and misleading. 'Also, the item has been presented with a great deal of inconsistencies and incomplete information and he could not support the project. Mr. Myott noted the past history of the preperty, which included lawsuits and it has a negative situation attached to it. Mr. Myott said that the project is not a high-density project by any means and everything is well spaced and it is a nice looking project. Further, Mr. Myott felt the project could add other positives to the City and the downtown redevelopment. Mr. Myott said that the project would 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 complete the development and would in effect be putting the last piece to rest while achieving something of very high quality. Vice Chairman Dub6 pointed out that the traffic study that has already been submitted illustrates under the present situation that there are 1,838 trips per day. If the designation is changed it would become 1,540 trips per day, which is 298 less trips per day, not more. Also, Vice Chair Dub6 pointed out that when property is developed, the site must comply with the City's drainage requirements and the Lake Worth Drainage District. Vice Chair Dub~ said when a hurricane hits, there isn't much anyone can do to stop the flooding. Mr. Rumpf added that staff opposed the original reclassification of that parcel from the Church parcel due to the significant change in impacts in the area, specifically on SW 8th Street. Mr. Rumpf also pointed out that the project represents a reduction in intensity and particularly traffic, compared to the current approval. The property could be developed today in accordance with the current concept of a health campus and have impacts exceeding what is being requested. Also, this removes the commercial designation from the future Land Use Map, which was projected in the Comprehensive Plan. This now puts the site into a residential classification, which has a greater importance in the City considering the population growth. Also, Mr. Rumpf said that the project meets the current significant demand for high-end rental units in the area. Staff does not oppose the density, nor is staff trying to mask the density and feels the higher density is necessary. Mr. Rumpf pointed out that drainage must be accommodated on site and the standard is the first inch of a lO0-year storm, which is rare. Motion Vice Chair Dub6 moved to approve the request for rezoning from PCD to PUD and amend the previously approved PUD master plan to allow for construction of multi-family dwellings, on 14.18 acres at a density of 10.8 DUNC, subject to all staff comments. Motion seconded by Mr. Friedland. Chairman Wische requested that the Recording Secretary call the roll. The motion failed on a 3-3 vote with Vice Chair Dubb, and Messrs. Myott and Friedland voting aye and Messrs. Ensler, Hay and Chairman Wische dissenting. Mr. Kilday asked if the item would next go before the Commission and was informed that was the next step. 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida November28,2000 A RECESS WAS DECLARED AT 8:30 P.M. THE MEETING RECONVENED AT 8:40 P.M. Abandonment 3. Project Name: Agent: Applicant: Owner: Location: Description: BOYNTON BEACH BOULEVARD PCD (BJ's Wholesale Club) (Right-of-way) Roscoe Biby, Kimley-Horn & Associates, Inc. Birchwood/Boynton, LL.C. University of Florida Foundation, Inc., a Florida corporation and University of Florida Foundation Corporation, as Trustee. Southwest corner of Boynton BeaCh Boulevard and Winchester Park Road. Request for abandonment of a 20-foot utility easement between lots 60 and 61 in the Quantum Park PID. Mr. Chris Ralph, of Kimley-Horn and Associates, Inc. took the podium. Chairman Wische noted that staff approved the request and asked if there were any comments from the members. Chairman Wische announced the public hearing. Hearing none, he closed the public hearing. Mr. Rumpf pointed out that even though it states it is an easement in the backup, it is technically a dedicated street (road right-of-way) being abandoned. Motion Vice Chair Dubb moved to approve the request for abandonment of a 30-foot road right-of-way easement for the University of Florida Foundation, Inc. for the project known as Boynton Beach Boulevard PCD. Motion seconded by Mr. Ensler and carried 6-0. Abandonment 4. Project Name: Agent: Owner: Location: GROTTO BAY @ BERMUDA PLACE (Easement) Joni Brinkman, AICP, of Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard 12 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Description: Request for 20-foot utility easement abandonment between lots 60 and 61 in the Quantum Park PID Chairman Wische noted there were no staff comments. There was no public audience present to speak. Motion Mr. Dub6 moved to approve the request for abandonment of a 20-foot utility easement between lots 60 and 61 in the Quantum Park PID known as the Grotto Bay at Bermuda Place for Quantum Park & Village, LLC. Motion seconded by Mr. Friedland and carried 6-0. Chairman Wische requested that Item 7.B. 1 (Boynton Landings) be addressed before the second item for the Grotto Bay. C. ADMINISTRATIVE APPEAL Administrative Appeal 1. PROJECT NAME: Agent: Owner: Location: Description: BOYNTON LANDINGS David M. Layman, Greenberg Traurig, P.A. CSC Boynton Landings, Ltd. 2309 North Congress Avenue Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan. Attorney Timothy W. Schulz from the law firm of Greenberg Traurig took the podium. Chairman Wische noted that staff has denied the item. Attorney Schulz said it is his position that this is not the correct Board to hear the appeal. He feels that the City has relied upon certain provisions of the Code to determine that-this Board is the proper body to hear the appeal. Attorney Schulz stated he has looked at a different section of the Code which contradicts staff's opinion. Attorney Payne requested Attorney Schulz cite the Code sections on which he based his opinion. Attorney Schulz stated that Ms. Lusia Galav of staff cited Chapter 1.5, Article 1, Section 4.1E of the LDR, which grants this Board authority to hear an appeal from an administrative decision. 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Attorney Schulz cited Article VII, Chapter 1, under Appeals, Section 1.D.2 that states that the City Commission "will hear and decide appeals of administrative decisions for determinations in the enforcement or administration of environmental review permits; excavation, dredging and/or fill permits; major/minor site plan or plan modifications and height exceptions". Attorney Schulz said he was present tonight to appeal a request to a minor modification of a site plan. This provision provides that the City Commission shall hear the appeal. Further, Attorney Schulz also referenced a letter in the agenda backup from Assistant City Attorney Igwe dated August 7, 2000 which cites this section to support why an appeal should not be allowed. Chairman Wische pointed out that every decision made by this Board goes to the City Commission and whatever decision this Board makes, the applicant will still appear before the City Commission. Chairman Dubb stated that the item was placed on the agenda and that this Board should act on it. Mr. Rumpf said there is an inconsistency in the City Codes in numerous sections referencing an appeals process and the City Attorney's Office is clarifying the issue. Mr. Rumpf cited Chapter 1.5 of the LDR which lists all the items that come before this Board and in Paragraph b, Item 2 administrative appeals is stated. Motion Vice Chair Dubb moved to deny the appeal from Boynton Landings on their request to have the decision of our Planning and Zoning Director overturned. Vice Chair Dub6 inquired if the motion had been stated correctly and Attorney Payne said that the motion should be stated in the positive and then the Board can vote either yes or no, consistent with the motion. In other words, if you vote "yes", you are approving it or if you vote "no", you are not approving it. Chairman Wische suggested that the motion be cited as written on the agenda. Motion Vice Chair Dub~ moved to approve the Notice of Appeal from the June 20, 2000 decision of the Planning and Zoning Director, denying Boynton Landings' request for a minor modification of the approved site plan. Attorney Payne stated if the Board votes to approve it, they are approving the denial, because denial is the recommendation from the Planning Director. Mr. Friedland seconded the motion. 14 Meeting Minutes .... Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr. Ensler stated that he researched the City Code and determined that there are prohibitions in the Code that prohibit banners, signs that swing, fluttering signs and also under special signs, banners do not meet the criteria. Mr. Ensler asked Attorney Schulz if he could cite the section that allows banners in the City? Attorney Schulz said he read the section of the Code cited by Mr. Ensler and it is his contention that the City's Code is vague and ambiguous and the Code states that a banner is a sign. Therefore the definition of a sign needs to be determined. Vice Chair Dub6 noted that there was no "period" after the word sign and that the Code states that "a sign having the characters, letters, illustrations or ornamentals applied to cloth, paper, film or a fabric of any kind, with only such materials for a backing". Mr. Myott inquired if the applicant ever applied for permits for the banners and was informed they did not. Attorney Schulz stated that when he came to the meeting tonight, he saw banners hanging from the light poles with the Happy Holidays' insignia and is displayed similarly to the Boynton Landings' banners. Attorney Payne and members discUssed the wording of the motion on the floor. Vice Chair Dub6 withdrew his original motion and Mr. Friedland withdrew his second of the motion. Motion Vice Chair Dubb moved to deny the Notice of Appeal of the Applicant from the June 20, 2000 decision of the Planning and Zoning. Director, denying Boynton Landings' request for a minor modification of the approved site plan. Motion seconded by Mr. Friedland. Motion carried 6-0. Technical Site Plan With Waivers 5. Project Name: Agent: - Owner: Location: Description: GROTTO BAY @ BERMUDA PLACE Joni Brinkman, AICP, of Winston Lee & Associates, Inc. Quantum Park & Village, LLC The east side of Quantum Lakes Drive, south of Gateway Boulevard Request-for Technical Site Plan approval for 15.16 acre POD in the Quantum Park PID. The Mixed USE POD will contain 272 multi- family residential rental units and require code waivers pursuant to Ordinance 00-52. 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Mr. Winston Lee, of Winston, Lee & Associates assumed the podium and Attorney Payne administered the oath. Chairman Wische noted that there were 49 staff comments and requested the agent only address the comments they do not agree with or need clarification on. Mr. Lee said he divided his comments into four parts. The first part will be the waivers that the applicant agrees with. The second portion would be the single waiver request that the applicant is in disagreement with staff. The third portion would be certain conditions that they do not agree with. The fourth portion would be for clarification on some design recommendations. With regard to Items #4, #6 and #16, Mr. Rumpf replied that the agent wants to insure that the way the item is read, if it is checked, it would be included. Aisc that the waiver procedure takes precedence over the comment, except for one, which is Item #16. Item #16 was an oversight and did not include the reference to the waiver request. Staff will add that to the amended conditions, so that if the waiver is approved, the condition is superseded. Item fi40 ~s a waiver request that the applicant does do not agree with. This deals with a buffer area south of the project. Mr. Lee pointed out the area in question on the artist's rendering of the project. Mr. Lee said that the Code as written would not apply in this instance to a mixed-use project. The Code states that a fence or wall must be placed between the two properties and the applicant feels this would be counterproductive. If you put walls in, the open area concept would be broken up and lost. Chairman Wische asked for staff to comment. Mr. Rumpf said that staff has the ability to be flexible. Mr. Rumpf said that they are asking for some type of separation between the residential and the office building that could be something less than a brick wall and staff wants to separate the two parcels. Mr. Rumpf noted that on the northeastern side there is a continuous hedge and a tree spaced every 20 to 30 feet. Staff would like to see this at minimal on the other side of the property to separate the two environments. Mr. Rumpf further pointed out that-currently the two tracts in question are connected, but it may not always remain this way. Aisc, this portion of the mixed-use project is not mixed- use, but is residential. Mr. Friedland said he did not see the need for a wall and Mr. Rumpf replied that the wall would only provide security and is a marketing issue. It the applicant is not in need o[ that type of element, staff would agree to that. Mr. Doug McDonald, President of Quantum Limited Partners, 2500 Quantum Lakes Drive, Boynton Beach took the podium and said they are breaking new grounds in the City and he does not want to see walls used to 16 Meeting Minutes '~ Planning and Development Board Boynton Beach, Florida November 28, 2000 separate the parcels in Quantum Park. Further, Mr. McDonald noted that they will be back before the Board .in two months with the main portion of the project. Mr. McDonald pointed out in Quantum Park there has been over $100 million worth of construction completed with 3,000 jobs as of today. Mr. Lee stated the next items they disagree with are Items #24, #25, #26 and #27, which deal with Parks and Recreation's comments on requests for dedicated recreation fees. Mr. Lee said that these regulations do not apply to this project. The project is a DRI and has received its development order and is fully vested. Also, the City Codes as written do not apply, because this is a mixed use POD within a PID and not a residential sub-division. Mr. Lee pointed out all the recreational facilities are already available in Quantum Park, including bicycle paths, picnic areas, green spaces, lakes, etc. Also, there are some very large preserves on site. Mr. Lee stated that Quantum Park is already providing more than what is being requested and there are more preserve areas than residential property. A children's play area is already designated, plus a swimming pool with lawn areas. Als0, the recreation building will have air conditioned basketball and racquetball courts, with exercise rooms. Vice Chair Dubb noted that this Board cannot waive the fee, and this would have to be done by the City. Mr. Rumpf stated that based upon a strict interpretation of the Ordinance, the Recreation Department feels that this project is no different than any other project in the City, regardless of the zoning district that it is being developed in. Further, Mr. Rumpf stated that the residences were never accounted for in the land use tabulations and concurrency analysis when the City was redoing its Comprehensive Plan. Mr. Rumpf said the issue here is whether the item is applicable and suggested that the two parties meet to resolve their differences, but feels that this can be worked out with minimal impact to the project. Mr. Lee requested when the City makes its recommendations, these conditions not be included. Mr. Myott pointed out that when you have a high-density project, the recreational impact fees represent a great deal of money and is based upon people and land. Mr. Myott said he is very much in favor of the project, but is uncomfortable in recommending that the recreation items be deleted from the proposal. Mr. Rumpf said staff is currently reviewing the methodology used in determining the recreation impact fees. The recreational impact fee is based upon: A person's per dwelling unit factor or figure, number of dwelling units and value of the land. Currently it is based upon 2.5 for single family and 2 persons per dwelling unit 17 Meeting Minutes Planning and Development Board Boynton Beach, Florida November28,2000 for multi-family unit and this project is less than those figures. These figures will come down in the future. Mr. McDonald said they have spent several hundred thousands of dollars on recreational enhancements and that they maintain the drainage for the City park, at no cost to the City, and they maintain the City's wetlands at no cost to the City, and that the City pays no dues. Mr. McDonald pointed out that the project will be attracting young professionals with very few children. He further stated that they have been working with the City in a very positive manner, but the comment on the impact fees tonight appears like a "cash grab" that they never had to deal with before and that they have never gone to the City to ask for any tax breaks or incentives. Further, Mr. McDonald pointed out that a new Ordinance was created for the DRI and these fees do not apply to their project. Mr. Myott said that there is not enough information to simply remove the comments. Mr. Friedland pointed out that Quantum Partners has never come to the City, County or State for any money for the project and he would like to see the project move forward. Chairman Wische noted the wonderful things that are taking place in Quantum Park and feels it is the biggest thing to ever come into the City. Chairman Wische said the City should be flexible and suggested members take a tour of the area to see what is going on in Quantum Park. Mr. Lee added that three-quarters of the requirements have been met on site. He then asked members to refer to Condition #37 and stated they agree to Condition #37 and they are going to correct the land use designation on the site plan to "industrial". Lastly, Items #46, ~47, ~-48 and #49, Mr. Lee thought these were only recommendations, not conditions of approval; however, Mr. Rumpf informed him that they could be conditions of approval. Mr. Lee would like those comments be kept as recommendations and addressed each one individually. ~46 - Modify the proposed project to improve pedestrian/sidewalk system, including extension of sidewalks to intersections and striping for pedestrian paths across drive aisles in the parking area. Mr. Lee said there are areas that need more connections and when the Master Plan is presented for Bermuda Place Quantum Lakes Drive will have substantial improvements. He requested that the only striping would be for ADA requirements and doesn't want to stripe the entire site. 18 Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 #A7 - It is important that this residential project take the initiative in linking future development of Bermuda Place. It appears that the only link proposed is a driveway exit north of the site. How will the future development link with Grotto Bay? Mr. Lee stated that they have taken the initiative to incorporate linkage and Quantum Lakes is being redesigned with Bermuda Place and pointed out the pedestrian links on the artist's rendering. Mr. Lee stated that the pedestrian connection is the critical connection between the two projects and asked that they be allowed to let them deal with thiS. ff48 - The project should take advantage of the lakes by designing the open spaces between the buildings as "terminating vistas" creating a link between the two. Mr. Lee interpreted this to mean there would be open spaces between the lakes. Mr. Lee stated there are beautiful terminating vistas in other locations and noted that the project is a waterfront project and doesn't want to create an unencumbered corridor from lake to lake. #49 - Adding other architectural elements such as fountains could enhance the intedor green spaces. Currently only two gazebos are proposed. Mr. Lee did not see the need for water features on the interior since it is a waterfront project. Also with regard to only two gazebos are proposed, that is what is being planned for the interior. Therefore, Mr. Lee requested that comments ~t6, #-47, #48 and #49 be left as recommendations. Vice Chair Dub~ pointed out that if the Board approved the item subject to staff conditions, they remain as recommendations and this Board does not change their designation unless the Board specifically makes them conditions. For an overview of the comments, Vice Chair Dub~ requested that the Board review what transpired. Mr. Rumpf stated in the first group Comment #16 is the only comment to be modified and the agent and staff agree that the reference to the waiver requirement will be added, so that it would supersede the requirement if the waiver is approved. Mr. Lee added that Comments #4 and #6 were approvals of the waiver. With regard to Condition #37, the applicant will accept staff's recommendation. Mr. Friedland complimented Mr. Rumpf for his hard word and dedication on behalf of the City and he is much appreciated. Motion 19 Meeting Minutes ..... ' Planning and Development Board Boynton Beach, Florida November28,2000 Vice Chair Dub6 moved to approve the request for Technical Site Plan for 15.16 acre POD in the Quantum Park PID. The Mixed Use POD will contain 272 multi- family residential rental units and require code waivers pursuant to Ordinance 00- 52, subject to all staff comments with the following changes: (a) Comment #16 will be modified to add the reference to the waiver request and to read that the corresponding note on the site plan referencing the waiver request will be modified to read that no encroachments in the easements will occur. (b) Comment #40 will be removed. (c) Comments #46 through ~49 will be maintained as recommendations. Motion seconded by Mr. Friedland. Motion carried 6-0. 8. Other None 9. Comments by Members Mr. Ensler pointed out that the current Code requires a 9' wide space for parking and pointed out that many communities have adopted 10' wide parking spaces. The benefits of adopting a 10' wide parking space would be eliminating a lot of incidences of damage to cars. Vice Chair Dub6 noted it is important that the City Commission make appointments to the Board when there are vacancies because there were only six members present tonight due to a lack of Alternates. Vice Chair Dub6 said it is important for members to go to the Commission meetings because it appears that the powers given to the Board are being eroded. Chairman Wische said there are rumors that Mr. Greene was organizing a committee that would be responsible for the murals. When the Community Appearance Board was disbanded those powers were given to this Board which includes signs and murals. Also, Chairmen Wische said since there is a CRA, the City wants everything in the CRA to be handled by that Agency. Chairman Wische said he would recommend if all this takes place, the entire Board should resign in total. Vice Chair Dub6 noted that this Board is experienced and knowledgeable and doesn't see the need for more Boards. Members discussed the process of approval for murals, which they had previously reviewed and it was noted that once this Board reviewed the subject, it moved on and never came back to the Board. Mr. Ensler questioned why the 2O Meeting Minutes Planning and Development Board Boynton Beach, Florida November 28, 2000 Board wasn't asked to take a vote or express an opinion and Attorney Payne did not think that was necessary. Chairman Wische asked for a consensus from the members if the Board feels it should be the authority for approval of murals and not have it by pass the Board because a statement was made that indicated that the Board was not in favor of murals; There was a consensus among the members that they would like the approval of murals to come before this Board. Mr. Friedland said there are very strong reasons why this Board has complaints and he feels politics is being played. He would like the politics taken out and that the Board be permitted to continue its job without being weakened. 10. Adjournment Vice Chair Dub6 moved that the meeting adjourn, which was seconded by Mr. Hay. The meeting properly adjourned at 10:00 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (3 tapes) 21