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Minutes 03-13-01MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN THE COMMISSIONER CHAMBERS, CITY HALL BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 13, 2001 @ 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dub6, Vice Chair Mike Fitzpatrick, Voting Alternate Mike Friedland Woodrow Hay Steve Myott James Barretta, Voting Alternate ABSENT Robert Ensler Maudce Rosenstock 1. Pledge of Allegiance Nicholas Igwe, Assistant City Attorney Lusia Galav, Principal Planner Eric Johnson, Planner 2. Introduction of the Board Members Omitted Chairman Wische instructed Assistant City Attorney Igwe to administer the oath to all persons who would be testifying. 3. Agenda Approval Motion Vice Chair Dub6 moved to approve the agenda, which was seconded by Mr. Friedland and unanimously carried. Chairman Wische called the meeting to order at 7:03 p.m. and led the Board and audience in the Pledge of Allegiance to the Flag. A quorum was present. Meeting Minutes Planning & Development Board Boynton Beach, FL March 13, 2001 4. Approval of Minutes Motion Mr. Hay moved that the minutes of the February 27, 2001 meeting be approved. Motion seconded by Vice Chair Dubb and unanimously carried. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of February 27, 2001 Planning and Development Board meeting agenda items. Ms. Galav reported on the disposition of the following items by the City Commission at their March 6, 2001 meeting' 1. Site plan modification for Ideal Paint and Body was approved. 2. With regdrd to the outpatient clinic item that this Board denied, the applicant requested it be tabled until the Apdl 3, 2001 Commission Meeting. 3. The Code Review to allow Photograph Studios in a C-1 Zoning District was approved and will be on the next Commission Agenda for first reading. 4. The use approval for D6cor Elements in QuantUm PID was approved and is now an approved use in the Quantum PID. Ms. Galav concluded her report. 6. New Business a. PUBLIC HEARING VARIANCE Project Name: Agent: Owner: Location: Description: ROWE David Rowe David and Mary Rowe 647 and 649 Lake Street Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b, to allow a 9.76 foot reduction from the twenty-five (25) foot rear yard setback 2 Meeting Minutes Planning & Development Board Boy nton Beach, FL March 13, 2001 required within the R-3 multi-family zoning district for a duplex building, or a 15.24 foot setback. Mr. David Rowe, 1820 New Palm Way #401, Boynton Beach took the podium. Chairman Wische noted that the Planning and Zoning Department has recommended denial because a hardship has not been proven, which was confirmed by Ms. Galav. Chairman Wische asked the applicant for his comments. Mr. Rowe acknowledged that his application is not a hardship and that the design would be aesthetically pleasing to the neighborhood. His daughter will occupy the duplex planned for the property. He further stated that the home is designed to look like a single family home with a Mediterranean look. Chairman Wische requested that Ms. Galav respond and she stated that the applicant must have a hardship in granting a variance and that no traditional hardship has been shown. The staff report indicates that several other properties in that neighborhood have structures in the rear yard setback that were never granted permits or variances~ In general a patio on the first floor would be permitted within the setback, 'but this design puts the patio on the second floor, which means it has to meet the setback requirements. Ms. Galav stated if the Board did grant a variance, staff would request that the deck above and below not be screened, otherwise there is no traditional hardship, which is why the staff has to recommend denial. Mr. Rowe replied that the proposed variance would not create a noticeable deviation in the aesthetics of the area. He pointed out that the actual structure is 25' from the property line and it would be the open deck that would encroach upon the setback. Mr. Rowe stated that 23 residents in the adjacent area all support the project and his daughter has a petition evidencing this. Chairman Wische opened up the public hearing. Assistant City Attorney Igwe administered the oath to the late arrivals and the citizen who wished to speak on this item. Mr. James Griffin, 1810 New Palm Way, BoyntOn Beach asked what the elevation of the front of the building would be. Mr. Rowe presented a blue print of the project to Mr. Griffin to view, after which he presented it to the Board members. Since no one else wished to speak, Chairman Wische closed the public hearing. 3 Meeting Minutes Planning & Development Board Boynton Beach, FL March 13, 2001 Mr. Hay asked the applicant the purpose of the deck and Mr. Rowe stated it would be used both for an entrance and an outside lounge area. Mr. Hay inquired if the applicant intended to come back at some point to request a variance to screen in the deck and Mr. Rowe stated that the deck would remain open with a railing around it. Mr. Barretta inquired if the variance was necessary in order to build the second unit and was informed that a variance for this purpose would not be necessary because the property is located within R-3 zoning. Mr. Barretta also asked if a vadance was necessary in order to obtain access to the second entrance and was informed that a variance in this case would be necessary. Mr. Friedland pointed out that staff had to recommend denial because no hardship was shown. However, Mr. Friedland concluded after reading staff comments, that staff was not totally against the variance. Mr. Myott asked what the width of the lot was and was informed it was a 75' lot. Mr. Hay pointed out that in staff's comments it was mentioned that the project would contribute to the aesthbtics of the neighborhood and would blend in with the architectural character established by Benvenuto's Restaurant. Motion Vice Chair Dub~ moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning Section 5.G.2.b, to allow a 9.76 foot reduction from the twenty-fiVe (25) foot rear yard setback required within the R-3 multi-family zoning district for a duplex building, or a 15.24 foot setback, subject to all ~',taff comments. Motion seconded by Mr. Hay. Motion carried 5-2 (Messrs. Fitzpatrick and Barretta dissenting). Ms. Galav asked for Clarification purposes if the motion included the staff comment about screening and Vice Chair Dub6 pointed out that his motion was subject to all staff comments. Project Name: Agent: Owner: Location: Description: M&M Appliance Klm Deilastatious Michael and Marsha Morakis 915 N. Federal Highway Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section l'l,H.16.d (12) to allow nine (9) parking spaces in lieu of the sixteen (16) required by code, 4 Meeting Minutes Planning & Development Board Boynton Beach, FL March 13, 2001 a variance of seven (7) spaces for a retail business in a C-4 zoning district. Chairman Wische left the meeting. Motion Mr. Myott moved to table the M&M Appliance item to the March 27, 2001 meeting. Motion seconded by Mr. Hay and unanimously carried. Messrs. Myott and Barretta stated they were recusing themselves from voting on the Villa del Sol item. B. SITE PLAN Project: Agent: Location: Descriptioh: VILLA DEL SOL Eugene Spano, The Cornerstone Group Northwest corner of Old Dixie Highway and US-1 (Federal Highway) Request for new site plan approval to construct a 312-unit multi-family apartment complex on 15,697 acres. Vice Chair Dub~ pointed out that although two members have recused themselves, there are still four members left which constitutes a quorum. Ms. Bonnie Miskel, Attorney, of 222 Lakeview Avenue, West Palm took the podium and stated she was representing the applicant. Chairman Dub6 noted that there were 19 staff comments and asked the Attorney to only address those comments they do not agree with or need clarification. Ms. Miskel stated they did not need clarification on any comment, but had one comment to make under Item 11 dealing with the recreation dedication element. She stated they are in the process of discussing the acquisition of a site for land dedication versus payment. Therefore, Ms. Miskel stated they are not prepared to inform the Board which method they would choose at this time. John Wildner, Parks Director took the podium and acknowledged that he did meet with the developers and the acquisition of land had been discussed. With regard to Comment 11 regarding the ¼ credit, for clarification purposes, he would not recommend the ¼ credit for the project. Mr. Wildner did state that they were getting close, but he has not seen anything in the plans. Once the recommendations were incorporated into the plan, he would be able to make the recommendation. He also said that these changes would have to be incorporated into the plans prior to them being submitted to the City Commission. 5 Meeting Minutes Planning & Development Board Boynton Beach, FL March 13, 2001 Ms. Miskel said that her client just informed her that the changes that had been previously discussed were incorporated into the plans being presented tonight and they are prepared to review the changes tonight. Mr. Richard Jones, of Quincy, Jones Architects, joined Ms. Miskel at the podium. The changes made to the plans were pointed out to Mr. Wildner and the members as follows: The addition of a pavilion/barbecue/picnic area at the pool location. The picnic area will include picnic tables and barbecue facilities. A quiet area with a bench and lush landscaping have been added. Because of the new location of the pavilion, the pool deck area has been expanded to provide a larger pool. A playground area has also been added. Mr. Jones stated that this project would be a great addition to the Federal Highway Corridor. Mr. Jones further stated that the addition of 312 luxury rental units would bring quality people to the downtown area and assist in the growth along Ocean Avenue. Vice Chair Dub6 explained to Mr. Jones that the Board has reviewed the packet for over a week and are fully familiar with the project. Therefore, it would not be necessary for Mr. Jones to make an entire presentation regarding the project and requested that the subject of the ¼ credit be addressed. Mr. Wildner stated that since these changes have been incorporated into the formal plans to be submitted to the City Commission, he is now prepared to write an additional memo to the Planning and Zoning Department recommending the ¼ credit. There was no one present to speak at the .public headng. Mr. Friedland pointed out that the project would generate a great deal of taxes for the City and better living conditions for that area of the City. Mr. Fdedland said he was pleased to see this project come into the City. Mr. Fitzpatrick said he has a lot of problems with the project. He pointed out that the land originally was going to be a shopping center. ^ zoning change was later passed to make it high-density and 312 units were necessary in order to make a profit. Mr. Fitzpatrick pointed out that the 312 units was not achieved through a high density design, but instead went to a medium density, which overcrowded the site to achieve high density. Therefore, there will be more asphalt than greenspace that would be attributable to a normal high-density project. Mr. Fitzpatrick read a letter from Board Member Robert Ensler setting forth his concerns about the project, among which were the lack of dedicated land, the 6 Meeting Minutes Planning & Development Board Boynton Beach, FL March 13, 2001 buildings being too close to the railroad, the impact upon the City's water supply and traffic problems at the intersection of Old Dixie Highway and Federal Highway. A copy of Mr. Ensler's letter is attached to the original minutes. Mr. Fitzpatrick said he has been advocating greenways in Boynton Beach for a long time and there are limited areas for greenways within the City'and this area is suitable for greenways. Mr. Fitzpatrick presented a map to the members, which he had prepared showing the location for a bike path and greenways' loop between Gulfstream Boulevard and Golf Road, which would run along the railroad tracks adjacent to the applicant's property. He further stated that this type of development would be a detriment to the greenways in the City. Mr, Fitzpatrick stated that the greenways team proposed that 200' be utilized along the full length of the railroad track for greenways, which would be' equivalent to the full compliment of the recreational park's set aside. This could be done without having to grant a variance or ¼ credit, which the City CommisSion has the option not to grant. Motion Mr. Friedland moved to apP"rove the request for new site plan approval to construct a 312-unit multi-family apartment complex on 15.697 acres at-the northwest corner of Old Dixie Highway and US-1 (Federal Highway), subject to all staff comments and subject to the Park Director's conditions. Motion seconded by Mr. Hay. Motion carried 3-1 (Mr. Fitzpatrick dissenting). 7. Other None 8. Comments by members 9. Adjournment There being no further business, the meeting properly adjourned at 7:40 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (2 tapes) 7