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Minutes 01-22-08 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON JANUARY 22, 2008 IN COMMISSION CHAMBERS, AT 6:30 P.M. BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Roger Saberson, Vice Chair Sharon Grcevic Matthew Barnes Candace Killian Steve Myott Mike Rumpf, Principal Planner Jamila Alexander, Assistant City Attorney Absent: Jeff Lis Jon Blehar, Alt Attorney Alexander called the meeting to order at 6:35 p.m. and announced since there was no Chair or Vice Chair elected, Item 5, Election of Chairman and Vice Chairman should be moved to the top of the agenda. Motion Mr. Saberson moved to hear Item 5 first. Mr. Barnes seconded the motion that unanimously passed. Mr. Saberson nominated Shirley Jaskiewicz as Chair of the Board. Ms. Grecvic seconded the nomination. A vote was taken and Ms. Jaskiewicz was unanimously elected. 1. Pledge of Allegiance. Mr. Saberson led the board in the Pledge of Allegiance to the Flag. Chair Jaskiewicz passed the gavel and nominated Mr. Saberson as Vice Chair. Ms. Grecvic seconded the nomination. A vote was taken and Mr. Saberson was unanimously elected as Vice Chair. 2. Introduction of the Board. This item was addressed later in the meeting. 1 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 3. Agenda Approval. There were no changes to the agenda. Motion Mr. Saberson moved to approve the agenda. Mr. Myott seconded the motion that unanimously passed. 4. Approval of Minutes. Motion Mr. Saberson moved to approve the minutes as presented. Mr. Myott seconded the motion that unanimously passed. 5. Election of Chairman and Vice Chairman. This item was heard earlier in the meeting. 6. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the November 27, 2007 Planning and Development Board meeting Agenda items. Mike Rumpf, Planning and Zoning Director, reviewed the disposition of items previously heard by the board and reported the City Commission approved the following: . High Ridge PUD, Master Site Plan Modification . Meadows Townhomes, New Site Plan . Ocean Drive, Zoning Code Variance . Cortina at Boynton Beach, Site Plan Time Extension . Boynton Mausoleum, Major Site Plan Modification An item that was not reviewed by the board, but was of note, pertained to transferring the review of CRA items to this board. Mr. Rumpf explained previously, the Planning and Development board reviewed items within the City limits. They also reviewed CRA items, but those items were reviewed and approved by the CRA board. The Planning and Development board would now review and approve all items regardless of the location of the project being inside the CRA boundaries. Ms. Jaskiewicz inquired if the Ticket Clinic City items were resolved. Mr. Rumpf responded the item was approved and modified. The sign was reduced to comply with the height 2 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 requirements of the City; the colors were modified, and the text was modified based on the City Commission and the Planning Staff comments 7. Old Business None. 8. New Business A. Heatherlake at the Meadows Master Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Heatherlake at the Meadows (MPMD 08-001) Alex Gonzalez I Heatherlake Home Owners Association N/A Meadows P.U.D; east side of Meadows Boulevard, west of Congress Avenue Request for master plan modification of the Heatherlake at the Meadows P.U.D. to reduce the rear yard setback from twelve (12) feet to four (4) feet for construction of screened roof enclosures, and to reduce rear yard setback for pools from twelve (12) feet to six (6) feet, for lake front lots. Ed Breese, Principal Planner, explained the Homeowners Association was looking to modify the master plan and wanted to reduce the minimum rear yard setbacks on the lakefront lots. There were 18 lakefront lots that would be impacted and the change would apply to those lots for pools and screened roof enclosures. The setbacks were reduced from 12 feet to 6 feet for pools and down to 4 feet for the screen enclosures. The Planned Unit Development consisted of 75 lots on 16 acres with the lots being 55' by 100' -110' feet in depth. There were four types of lots which were lakefront lots, canal lots, the Meadows Boulevard lots and then the interior lots. Mr. Breese explained the current setbacks coincided with the utility easements that were along the lakefront lots. The utilities were in the road or in the easements in the front of the lots. Accordingly, that was why they were asking for the reduction that would allow structures to encroach into the rear yard setbacks. Staff was recommending approval of the setbacks for these lots but with the condition that each applicant who comes forward to construct enclosures in the easement must obtain sign offs from Utilities. When the applicant submits for a permit, it must be indicated there are no issues with that. Mr. Breese explained this was consistent with other lots they have approved in the past. Citrus Park, Fosters Mill and Lawrence Oaks have similar or less rear yard setbacks to accommodate those types of improvements. 3 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22,2008 There were no comments from the applicant, the public or the board. Motion Mr. Barnes moved to approve as presented and with all staff comments. Ms. Grcevic seconded the motion that unanimously passed B. The Learning Place Site Plan Time Extension DESCRIPTION: The Learning Place (SPTE 08-001) Scott and Cathy Freeland Scott and Cathy Freeland 8518 Lawrence Road; immediately south of Citrus Grove Elementary School and the LWDD L-21 Canal Request for a one (1) year site plan time extension for the new site plan and conditional use (COUS 04-006) approved on October 18, 2005 for a 7,800 square foot day care center, thereby extending approval from October 18, 2007 to October 18, 2008. 1. PROJECT: AGENT: OWNER: LOCATION: Kathleen Zeitler, Planner, explained the project was approved by the City Commission on October 18, 2005. The applicants needed more time to revise construction drawings to address conditions of approval and the Florida Department of Health for conditions for a daycare. An extension was approved on February 13, 2007, which extended the site plan approval to October 18, 2008. The applicants would also have to obtain a renewed traffic concurrency approval including a new project site build-out date, prior to the issuance of a permit for the project. The applicants have satisfied the condition for concurrency to build out through 2009. Staff recommended approval subject to the original 41 conditions of site plan approval being included. Dave Beasley, 2385 SW 13th Terrace, the applicant, was present. He reported they were very close to commencing construction. They made some mechanical revisions and modified the building footprint. They would be submitting for a minor setback modification and anticipated submitting for a permit within the next 60 days. They were looking forward to commencing the project. Motion Mr. Saberson moved to approve the staff recommendation including the 41 conditions of approval included with the original approval continuing to apply. Ms. Grcevic seconded the motion that unanimously passed. 4 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 Chair Jaskiewicz explained she did not introduce the members of the board. She explained the City was very fortunate to have talented and diverse individuals serving on the board who were interested in a positive approach to the development and redevelopment of the City. Chair Jaskiewicz introduced the members of the board. She welcomed new board members Steve Myott, Candace Killian and Matthew Barnes. C. Hotel I Motels in PID Code Review AGENT: DESCRIPTION: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7, H.4., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. 1. PROJECT: Mr. Breese explained this was a staff generated Code amendment in the Planned Industrial District. It was the only category in which hotel/motels were regulated through a density requirement. He explained, typically, density was associated with dwelling units in residential zoning districts. Hotels/motels were not considered dwelling units, rather they were considered as transient lodging, and they are usually associated with commercial type uses. This change would eliminate that density regulation within the Planned Industrial District and give equal treatment in all allowed zoning districts. The Quantum Park Planned Industrial District was the only district in the City that recognized hotels/motels as an allowable use within its Permitted Uses Table. The Quantum Park DRI limited the number of hotel/motel units to 400 within its development, which was a better way to regulate that type of use, rather than through density. Staff proposed that any reference to density within the PID relative to hotels/motels be stricken from the Code. Ms. Jaskiewicz asked if any density regulations apply to the other districts. Mr. Breese responded they did not, only the PID District. Motion Mr. Myott moved to approve. Mr. Saberson seconded the motion that unanimously passed. 5 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 D. Workforce Housing Code Review AGENT: DESCRIPTION: Amendments to Workforce Housing Ordinance (CDRV 08-002) City-initiated Request to amend Chapter 20. Building, Housing and Construction Regulations, Article X, Section 3 and Section 4, clarifying applicability conditions and unit type requirements. 1. PROJECT: Hanna Matras, Senior Planner, presented the amendment that pertained to the Workforce Housing Ordinance that was approved in April of 2007. There were two areas of change. The first dealt with compatibility and the other pertained to provisional units. In terms of the compatibility, there are three changes proposed. One change was that the ordinance did not apply retroactively to projects that were applying for site plan extensions. The next change would apply to projects that have been approved before and applied for Major Site Plan Modification. The ordinance would apply to a modification that included the additional housing units if the previous approval included increases in density, the modification proposed more units than were originally approved, andthe previous approval was granted after April 7, 2007, the approval date of the housing ordinance. The third component of the amendment would simplify the requirements. If approved, the ordinance would apply to all applications where the desired future land designation or zoning permitted density in excess of 10 dwelling units. Another proposed change pertained to the prohibition of workforce housing units. The current text of the approved ordinance requires that the portion of the development which contained workforce units would have to have the same profile as the market units, in terms of rentals, number of bedrooms, etc. This proposed change had two provisions. The first was if there was a site plan modification, then that provision would only apply to the additional units. In all other cases, the prohibition would still apply. However, if the developer proposed something to change the profile, such as more rental workforce units than the proportion of the market units, then it may be allowed if there was a justification. Staff believes there should be flexibility when requests were warranted and appropriate. Accordingly, staff was recommending approval of the changes. Chair Jaskiewicz asked if the later changes were previously approved. Ms. Matras explained the change pertained to the land use or the zoning. Any time the request included the density increase, the ordinance would come into effect. The only changes other then schematics, was it would include those projects that applied for high density residential zoning. It was unlikely that there would be many projects, but staff thought the changes were needed. Chair Jaskiewicz asked whether workforce housing was becoming a moot issue with the pricing of homes in the City being adjusted downward. Most of the condos were in the 6 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22,2008 affordable housing range. Ms. Matras explained although housing prices would continue to fall, affordable housing was based on income not the cost of the home. Motion Mr. Myott moved to approve. Mr. Barnes seconded the motion that unanimously passed. Chair Jaskiewicz suggested Item E be tabled to the next meeting. Mr. Rumpf explained it could be deferred until then; the board members were having difficulties hearing the presentations due to the extreme rain. Staff noted the streets were also flooding. Chair Jaskiewicz thought it may be prudent to end the meeting to get home safely. Motion Mr. Saberson moved to table Item E until the next meeting. Mr. Barnes seconded the motion that passed 4-2 (Ms. Grcevic and Mr. Myott dissenting.) E. Land Development Regulation Rewrite - Group 4 - Part II Code Review AGENT: DESCRIPTION: Land Development Regulations (LDR) Rewrite Group 4 - Part II (CDRV 07-004) City-initiated A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes Article III Exterior Building and Site Design Standards. This proposed section will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 and 6; Chapter 4 (Site Plan Review), Section 8; and Chapter 9 (Community Design Plan), Sections 1,2,4,6,7,10, and 11. 1. PROJECT: This item was tabled to the next meeting. 8. Other None. 9. Comments by members None. 7 Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 10. Adjournment Motion Mr. Saberson moved to adjourn. Mr. Myott seconded the motion that unanimously passed. The meeting adjourned at 7:08 p.m. (l~~ Catherine Cherry Recording Secretary 012308 8