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Minutes 02-13-01MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 13, 2001 AT 7:00 P.M. PRESENT Lee Wische, Chairman J.. Stanley DubS, Vice Chair James Barretta, Voting Alternate Robert Ensler Mike Fitzpatrick, Alternate Mike Friedland Steve Myott Maurice Rosenstock Nicholas Igwe, Assistant City Attomey Mike Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Dick Hudson, Senior Planner ABSENT Woodrow Hay Pledge of Allegiance Chairman Wische called the meeting to order at 7:00 p.m. and led the Pleage of Allegiance to the Flag. II. Introduction of the Board Members Chairman Wische introduced the Board Members and City Staff: Assistant City Attorney, Nicholas Igwe; Mike Rumpf, Director of Planning and Zoning; Lusia Galav, Principal Planner; Dick Hudson, Senior Planner; Jeffery Livergood, Public Works Director; and the Recording Secretary, Susan Collins. III. Agenda Approval Motion Mr. Rosenstock moved to approve the agenda. Mr. Friedland seconded the motion that carried unanimously. IV. Approval of Minutes Motion Vice Chair Dub~ moved to approve the minutes as presented. Mr. Ensler seconded the motion that carried unanimously. Meeting Minutes Planning & Develepment Board Boynton Beach, Florida V. Communications and Announcements February 13, 2001 Chairman Wische aCknowled Fergusc the presence n~ the audience of Commissioner · In Mr. Hay'S absence, Mr, Barretta sat on the dais as a voting alternate. Planning and Zoning Report, Michael Rumpf, Planning & Zoning Director 1) Final disposition of January 23, 2001 Planning and Development Board Agenda items Mr. Rumpf gave a summary of the items that went before the City Commission at their February 6, 2001 meeting, and previously reviewed by the Planning and Development Board. 1) 2) 3) Riverwalk Buffer Wall vadance - approved Sonny's Bar-B-Q conditional use/Site Plan application - approved Ordinances approved on second reading were: · acoustic sound requirement for nightclubs · code review item parking space requirements Since the Planning and Zoning Department was still working on applications submitted pdor to the meeting frequency change, the new Schedule would not go into effect until April, at which time the Board would begin to meet on the fourth Tuesday of the month· Mr. Rumpf announced that the GIS presentation was rescheduled to March 5. Chairman Wische said that the Planning and Development Board meeting on March 13 conflicted with the election and that since several members of the Board were working on the election, or running for office, he requested that the meeting be postponed by a day or rescheduled. Mr. Rum pf stated that he would look into the matter. VI. New Business A. PUBLIC HEARING Assistant City Attorney Igwe administered the Oath to all the persons who would be testifying at the meeting. VARIANCE 1. PROJECT NAME: GOLF VIEW HARBOR (GUTH) AGENT: Fred Guth OWNER: Fred & Evelyn Guth Meeting Minutes Planning & Development Board Boynton Beach, Florida February 13, 2001 LOCATION: 2ND Section Lot 7, Block 13 DESCRIPTION: Request for variance from City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.C.2.a, to place a screen enclosure at five (5) feet from the property line in lieu of the seven and one-half (7.5)feet required by Code for a single-family building in a RIAA zoning district. Evelyn Guth, 1185 S.W. 27th Avenue, came to the podium to answer questions. Chairman VVische advised Mrs. Guth that staff had recommended denial of their application. He asked Mm. Guth why they were applying for a variance? Mrs. Guth referred to Exhibit "C" which listed the Guth's reasons for requesting the variance. Their primary reasons were that the existing screen enclosure had been in place since 1997 and that they had relied on their contractor to conform to all building codes. She also stated that it would be a hardship for the Guths to have the enclosure removed and replaced. She stated that it provided protection against snakes, waterfowl, and mOSt insects. It also provided some protection against a child or animal falling into the pool. Mr. Rumpf, Planning and Zoning Director, stated that what was being cited as a hardship was the result of an error, which staff did not usually consider to support a hardship. Chairman Wische opened the public headng. As no one came forward to speak on the subject, the Public Hearing was closed. Vice Chair Dub~ noted that although staff had recommended denial, it had added a list of reasons that appeared to support acceptance. Mr. Rumpf said that these were just facts and that the only negative potential was the setting of a precedent for a person with a similar circumstance in the future. Mr. Rosenstock asked for assurance that the adjacent homeowners had no objections and Mr. Rumpf replied that staff had received six letters of support from neighbors, including the owner of the property immediately adjacent to the Guths. Vice Chair Dub~ said the 7.5-foot setback originated in the need of the fire department to be able to go through between properties to get to the other side. In this instance there was a canal in the mar of the property so them would be no reason for a fire truCk to go through the property. Mr. Rumpf stated that the setback was primarily standardized to promote uniformity within the area. Motion Mr. Myott moved that the Board approve the request for variance from the City of Boynton Beach Land Development Regulations, Chapter 2 Zoning, Section 5.C.2.a, to place a screen enclosure at 5 feet from the property line in lieu of the 7.5 feet required Meeting Minutes Planning & Development Board Boynton Beach, FI0dda February 13, 2001 by Code for single-family dwellings in R1AA zoned districts. Mr. Friedland seconded the motion. The motion was carried 6-1, James Barretta dissenting. NOTICE OF PROPOSED CHANGE/MASTER PLAN MODIFICATION 2. PROJECT NAME: QUANTUM PARK DRIA AMENDMENT #11 AGENT: Eugene Gerlica, P.E.IA Quantum Group of Companies OWNER: MFT DeVelOpment, Inc., a Florida Corporation as General Partner to Quantum Limited Partners, LC LOCATION: On the west side of 1-95 between Miner Road extended and the Boynton Canal DESCRIPTION: Request to amend the previously approved PID master plan in Connection .with an amendment to the DRI as follows: Change in the master plan designation of lots 23, 24, 25, 26, 27, 28, 29, 30, and 31 from Office (O) Land Use to Mixed-use (MU). The proposed Mixed Use Land Use Designation includes office, Commercial, and residential uses. David Norris, Attorney for Applic,,a_nt, 712 Highway U.S. 1, North Palm Beach, came to the podium to state the applicant s position and answer questions for the Board. Chairman Wische said there were eleven staff comments and he asked Mr. Non'is to address only those items on which they disagreed or required further clarification. Items 1,2, 3, and 4 inthe Conditions of Approval prepared by staff dealt with traffic. Mr. Non'is stated that item #1, the traffic study, waS i~ p~'ogress and would be available by the following week. Items ;~2, 3, and 4 asked the applicant to analyze the traffic study, determine whether lights were necessary, and if so, be responsible for them. They were happy to provide the traffic study but did not believe it was their role to analyze it. Also, they believed the item would be more appropriately addressed when they came for Site Plan: approval. The applicant' believed that the lighting issue had been approved previously under the old PGI properties, now the Premier properties. In any case, they did not believe staff should impose these conditions when they were merely asking for changes in use designations. Concerning item #5, Mr. Norris stated that upgrades required to water and sewer systems due to the intensification of the land use was a Site Plan approval issue and was not appropriate at this juncture. 4 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 13, 2001 Mr. Norris addressed items #6, 7, 8, and 9 pertaining to the Recreation Dedication fee, which would become due on the filing of a plat. Since they were not subdividing, not doing a new development, and not filing a plat, they believed this issue did not apply, If it did apply and they were to be given Credit as stated in the Code, they had already provided sixty to.ni~ acres, an amount far in excess of requirements. Lastly, they had argued, this issue t' f Commission had agreed with them. They did not believe that they should; have toargue it again. On item #10, Mr. Norris said the City had aSked them for a written justification of their l~ Plan and they said they wel get the usage changes before th{ sue. Mr. #tl was one where staffwas trying to dictate what and when was developed in: Q approved, the City wanted to dictate how and when to do ;re willing to abide by the required mix but did not wish to have the "what" and "when" dictated to them and, therefore, rejected item #11. The had to ( Their as a way of provid to adapt to for a DRI. the Treasure Coat The applicant saw mixed-use and giving them the flexibility Chairman Wische' asked to hear from Staff in :reference to Mr. Norris' comments. Michael Rumpf, the Conditions of Apl: the project and the con found favor with the Zoning Director, stated that he did not wish to go through I one by one. He said the Board could note that staff opposed ; were there only to catch some issues in the event the City Mr. Rumpf's reasons for opposition are summarized below: · unwarranted elimi~ · disregard for distribution · increased surplus · counter to focus · · now · lack of proximity 3f industrial lands Plan's directive to maintain a balanced Beach and use, identified in Comprehensive Plan as having greatest downtown that the mixed, use concept was feasible in the Park and transportation corridors Mr. Rumpf previous units would not be be a continuation of th that there would nd be licants that as part of the justification or promotion of the Park, the applicants had stated that additional residential This was in response to the City's concern that there would of us® in the Park. The applicant had specifically stated increase above the 500 residential units in the Park. Meeting Minutes Planning & Development Board Boynton Beach, Florida February 13, 2001 There was no one from the public who Chairman Wische Qpened the public hearing. wished to speak, but the applicant did wish to speak and Chairman Wische allowed it. and Chi S.F. of office space had wan' to past the S:F. of whi, Mr. McDonald said he bei o. He Mr. McDonald spoke of taken to they desired. n if it so Chairman Wische closed the public.hearing. Mr. Barretta asked Mr. McDonald to Share his plan for the property with the Board. McDonald said it was a mixed-use 52,000 S.F. of space on lot 58. 60K S.F. to the northwest under cc areas to the north owned Lots 17, 18, space there. mixed-use not have in Quantum was any small market need for 900 to 1,200 S.F. Partner Olin. Developments, second story residerltial and to Quantum park. EaCh feet of office space. Basically with a McD¢ Mr. lid that insider of QuantUm they had built all built, 100% leased, and fully 'oCcUpied, with of those and they of office into the they did a with uare im be strictly Mr. 6 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 13, 2001' Mr. McDonald stated that the other reason they did not do a plan was that they had been dealing with staff on the redevelopment of that who e northern area. The City had a park in' the northWest corner. Quantum had a 25-acre sand pine Preserve and as he sa d to this Boardand the citY commiss on, !h.,e,y wou d endeavor to fully uti ze that park facil ty. He referred t° the wetland as Track T and said it was 2.5 acres. Their staff and pa d environmentalists recommended that the wetland be filled in, as it was not deemed, high quality wetland. The recommendation Was that it should be filled in. Winston Lee had developed a new plan for the overall development of that park that they would do with the remained or they had to slice them off so.the City they had made a promise two months ago to the Winston Lee to come up Parks & Recreation Department had asked 1 with the City in its development. Iai1 into in( north had to do that: loss of industrial land, and .~signated land, industrial :aking seven acres of industrial out and I: 6.84 acres back of the that if they prepared to Mr. Ens 30 and being willing to dedicate ;ms with the park. The question he had was, if Quantum and the Parks & Recreation discussions but he deferred to Mr. the park. Mr. Ensler assumed it was Lot was. Mr. Winston discuss the ( odginal plan small and property. Mr. Lee how thir wer~ fields. able a field, the major r114 , West Palm Beach, came to podium to acent lots 30 and 31. In the City's baseball field, a soccer field with two few other things, volleyball area was on the top right of the things over and the idea was to see ~ce. The two junior league ball fields ~lds and no longer be on top.of the soccer )wed them .to the Board. They were [t, the square:footage for rts, volleyball courts, full size soccer additional full size softball fields. Mr. Rosenstock asked build 500 asked if he were toa fourteen lots, would reside McDonald to affirm that he had been authorized by the City to Mr, McDonald said a maximum of 500. Mr. Rosenstock 500 more? Mr. McDonald said n°, that he was asking for up Rosenstock said it would be on what he saw as and' five .on the other. Mr.. McDonald agreed, saying it Rosenstock asked Mr. McDonald what type of to build? Mr. McDonald stated that on the west side 7 Meeting Minutes Planning & Development Board Boynton. Beach, Flodda of Quantum, they would put two stories where the land backed u existing si ~e stories to February 13, 2001 be Mr the C comp~ Mr~ Rum Concurrent with their ge~ the mixed-use lots. which for m how to use Mr, Rosenstock toOk a the hi: lot off ha City's antum Park's cor '. MCDon~ th< Mr~ d the it with the City telling them what what it wanted within rental the of good 'adjacent would be more than t to assist in the improvement of the (with;Mr. Wildner on providing a condition of said that City in ' would have :to 8 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 13, 2001 come back and say this is what we have agreed to'?. They would be coming to this Board for Site Plan approval and the City Park would be worked out by that time. Mr. Rosenstock stated that the Board could reject it at that time if they believed it were warranted. Mr. Myott's chief concern was that the mixed-use project not be done one at a time or in a piecemeal fashion. Mr~ McDonald did not know if it would all be done at once, but maybe one side of the street would be done first and the other side next. He said it would be 23-acre area and they were perfectly' prepared to get site plan It would not come in piecemeal and that was not an issue with them. Mr. Myott asked Mr. Rumpf to comment. Mr. Rumpf said they were throwing the term Site Plan around and the correct term for Quantum would be an Administrative Site Plan. The recent amendment to the zoning regulations allowed for individual site plans to be processed, administrative only, through the TRC process under or subsequent to the processing of a master plan through the City's formal review process. The Board would not see individual Site Plans unless they requested it or unless a Site Plan had some kind of variance. Then it would, but their intention was to include those types of relief on the master plan itself and the details of the Site Plan would only be seen on the master plan. The administrative Site Plan came to staff only Chairman Wische said he thought he had allowed the group to drift from the agenda long enough. He wanted to stiCk to the agenda and not worry about what was go ng to hal~pen d(~:wn the road. They had to de~ide whether they w~re going to appr(~ve their request or not, not about what they would be doing in the future. Mr. Barretta asked how, a piece of property went .from office industrial to a category that allowed'r residential with. out a comprehensive Plan change'~. Mr. Rumpf said by a c eatiVe approach that had been followed by the City at the request of the Quantum developers to date. Mr. Barretta asked Assistant City Attorney Igwe if it were legal for the Board to allow a land use change without going through the Comprehensive Plan process? He understood that staff had a negative recommendation, indicating that the proposed project would not comply with the Comprehensive Plan. Whether or not it was legal was not something Mr. Igwe could answer on the spur of the moment. Mr. Barretta said staff was saying they should not be allowed to make a land use change without going through the Comprehensive Plan land use proc. ess and this approval would allow just that. Mr. Ensler asked if the Commission had the authority to do that?. This Board was only making a recommendation. Assistant City Attorney Igwe said it was a matter of interpretation. The-Commission could dec~jde, based o~ the facts presented to them, that it was one way or another. He said it was difficult to make that call. Mr. Barretta said he thought they were on dangerous groUnd. He did not think this Board or the CommissiOn ~ad th~ right to amen(J the C0~nprehensive Plan without going through the process that was set forth by the State. 9 Meeting Minutes Planning & Development Board Boynton Beach, F or da February 13, 2001 Chairman Wische said a few of the higher agencies disagreed with Mr. Barretta and staff, . namely the Treasure Coast Regional Planning Council and the State Department of ( nted them to d . That wE staff have the right to say "for ts own comfort" when higher authority was saying it was a beautiful plan? Mr; be ol was not su re. the Chai not said Assi., , Attorney Igwe had just told em he Mr. Norris said this .issue was raised when they went through the first mixed-use request and staff said that the Comprehensive Plan did not permit t and'they would have togo throu dment. They addressed the issue and pointed out this and the P & D Board and the COmmission ended up ruling that f would be :incumbent Mr. Friedland thanked Mr. Norris and said it had that legally, it flew. He was taken with the idea months: ago, Hanna muir of the beauty of it or the benefit to benefit on the moving be for the the first ti:me around and g used :for the mixed-use iven the Board a-report on ~ for the ht into the community for thought; it was =not juSt a matter properties, but the idea of the dead horse ~a to Chairman Wische thanked everyone and asked for a motion. Mr. Michael Fitzpatrick, Alternate member, of the Planning & Development Board, Came to the podium and asked staff about the saltwater intrusion line and how far it was from the ballfields down on S.W. 15th Avenue? question. Mr. 500 units were built with another 1,000 out?. The developer seemed to feel t and =that we all had other agendas and that ~ traditional downtown. three years.got to wetlands, he stated it was half dead now so the item ~-6, i~e was not sure that the pretty sure that was double most globally imperiled ecosystem there was less of that kind of land in not be co[ did not understand why staff was said he could not answer that Was in a drought. If another sucked City Park was inappropriate see the downtown be the City He was and ~ut the could svelop it as recreation, so he r credit for that. Quantum 10 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 13, 2001 was sold to the City as jobs for locals and it was an industria park. If they wanted to build residential, they should have bought residential land. If they add more residents there, then there would be competition for local jobs and how was that good for the current resid as the water management tract as part of the 90 acres, the only reason was that they had so much impervious surface there that if they, ~ would be flooded. They need that for an engineering reason, not for any ecological reason. He recommended going along with staff's recommendation for denial. Mr. Barretta asked Mr. Rumpf if he believed that the Comprehensive Land Use Plan gave the City the latitude to make this kind of change without an amendment? Mr. Rumpf said that in amendment #10's staff analysis, it was believed that the industrial Jse e Comprehensive Plan did not allow residential land uses. :1 the analysis that was in he Comprehensive Plan would have in( scenarios in its land use distribution studies and tabulations. The conclusion from the City was that they basically sided with the developer's interpretation of the Comprehensive Plan. Mr. Barretta change? Mr.: I ind ection was to getting a Comprehensive Plan that there would not be a Comprehensive Plan land use would fit that. It would require a text amendment to the to allow residential land uses. Mr. Norris said that any kind of change took time and any delays were not something with which they wished to deal. Since the residential use issue was approved on Amendment #10, the applicant did not believe they should have to deal with the same issue again. Mr. Rosenstock did not understand why there was any objection to it. He did not hear anything about a Comprehensive Plan change when the City allowed the first 500 units in the northeast section of the Park. Why did they want it now? Mr. Myott said that was discussed with the idea that it needed a modification to the DRI. Eugene Gerlicka, 2500 Quantum Lakes Drive, .Boynton Lakes, Florida, came to the podium to address Mr. Fitzpatdck's comments. He stated that in the issue of water management, they used their own water, treated their own water, and contained that water, using it for irrigation. He said the uses for all 500 acres of the Park were contemplated back in 1984. The water demand and the wastewater generated were considered. They were not increasing the demand for water beyond what had already been approved. As they developed out they would be increasing it but they would not be increasing it any more than what they said they would be doing. They had 40 acres set aside for a Sand Pine Preserve out of a 500 acre park and they used it for a recipient site for gopher tortoises when it was originally built. That area was preserved and was not recreation per se. It was a preserve "set-aside" but because of that, if a recreational impact fee were to be applied, they would get credit for this per the City's Ordinance. In the evaluation of the wetlands, they were isolated wetlands and would have to be mitigated. Their contribution to the mitigation bank would preserve other adjacent areas that that had some benefit. 11 Meeting Minutes Planning & Development Board Boynton Beach, Florida February 13, 2001 Mr. Norris said in order to help on the decision, the applicant was wi lg to accommodate one of the concerns that staff about the further reduction in use in the Park COU Motion Vice Chair Dub~ moved to approve the request of Quantum Park for the DRI Amendment #11 to amend the previously approved PID Master Plan in connection with an amendment to the DRI as follows: Change in the master plan designation of Lots 7, 8, (office/industrial) land use to MU (mixed-use). The 'proposed Mi includes office, commercial~ and residential uses. 11 from O/I ;]nation Change in the master plan designation of Lots 23, 24, 25, 26, 27, 28, 29, 30, and 31 from Office (O)Land Use to Mixed-use (;MU). The proposed Mixed-use land use designation includes office, commercial, and (he said industrial here but back up says resi~lential) residential uses, subject to condition I, Conditions of Approval, by staff. It is further reqUeSted that the C ty Co~nmission take a strong look at all ~0mments made by this Board and have the conditions removed from the Cor~ditions of ApprovaL Mr. Friedland seconded the motion. Mr. Ensler requested an amendment to the motion dealing With Lot 34C, the suggestion the applicant made to rezone this lot to offset the loss of industrial use. Chairman Wische said that was in the record and he did not think this was necessary to add to the motion. Mr. Barretta said he would agree with this. Mr. Friedland said that he would accept the requested amendment, under duress. The motion carried 6-1, Mr. Barretta dissenting. Mr. Ensler moved to adjoum the meeting at 8:45 p.m. Mr. Myott seconded the motion that carried unanimously. Respectfully submitted, Susan Collins Recording Secretary (two tapes) 12