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Minutes 04-22-08 MINUTES OF THE PLANNING AND DEVELOMENT BOARD MEETING HELD ON TUESDAY, APRIL 22, 2008, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Shirley Jaskiewicz, Chair Roger Saberson, Vice Chair Matthew Barnes (arrived at 7:05 p.rn.) Sharon Grcevic Candace Killian Jeff Lis Steve Myott Mike Rumpf, Planning Director Jamila Alexander, Assistant City Attorney Absent: Amber Barritt, Alternate William Poznak, Alternate Chair Jaskiewicz called the meeting to order at 6:30 p.m. 1. Pledge of Allegiance. Mr. Lis led the board in reciting the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the board. 3. Agenda Approval Motion Mr. Saberson moved approval of the agenda. Ms. Grcevic seconded the motion that passed unanimously. 4. Approval of Minutes. Motion Mr. Lis moved approval. Mr. Saberson seconded the motion that passed unanimously. S. Communications and Announcements A. Planning and Zoning Report Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 1. Final disposition of the March 25, 2008 Planning and Development Board meeting agenda items. Mike Rumpf, Planning and Zoning Director, reported the following items were approved by the City Commission: · Charter Schools of Boynton Beach, approving a modification to the list of approved uses for Quantum to expand the use provisions for charter schools within the Quantum Park Planned Industrial District (PID). · Text amendment to modify the regulations for PID to remove a density provision for hotels. · EAR-based Comprehensive Plan Amendments were approved for transmittal to the Department of Community Affairs (DCA). This also recognized the board's recommendation to amend the aspect of the Amendment that involved the merging of two land use classifications, low density and moderate density. Chair Jaskiewicz inquired as to recommendations made by Mr. Lis. Mr. Rumpf believed those recommendations pertained to Recreation and the aspect of blueways. There were provisions that were reviewed for future amendments to the Recreation Strategic Plan which would be promoted when appropriate. Mr. Saberson understood the Commission determined there would be no change to the low-density residential land use classification. Mr. Rumpf noted the Amendments were transmitted status quo, with the current low-density and moderate-density structure. 6. Old Business None 7. New Business Attorney Alexander administered the oath to all who would be testifying. A. 947 Isles Road ZoninQ Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 947 Isles Road (ZNCV 08-003) Jose Rodriguez Jose Rodriguez 947 Isles Road Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., requiring 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 a minimum front yard setback of 25 feet, to allow a variance of 11 feet and a front yard setback of 14 feet for a proposed addition to a single-family residence within the R-l-AA Single-family Residential zoning district. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Kathleen Zeitler, City Planner, advised the subject property fronted Isles Road and Waterway Canal to the rear, and was a standard-sized lot. The residence, a three- bedroom, three-bath house, currently complied with all the required building and site regulations of the R-l-AA zoning district. The floor plan provided by the applicant indicated that one of the bedrooms was an office. The applicant wished to construct an additional bedroom in the front right corner of the residence, which would encroach a total of 11 feet, and would be located 14 feet from the front property line. Staff reviewed the requested variance, focusing on the criteria required, as well as the applicant's response to the criteria. Staff found no basis for a hardship. Special conditions and circumstances did not exist. Many other properties had the same limitations, with a pool in the rear yard abutting a canal. There were no requested variances to the front setback in this neighborhood. The II-foot encroachment would not be in keeping with the typical 25-foot frontyard setback and could appear unbalanced when compared to other residences fronting Isles Road. The requested variance was for the convenience of the applicant to allow construction of an additional bedroom with minimal interior renovation. Design alternatives, such as converting the office back to a bedroom, eliminating or relocating the pool, or constructing a bedroom addition above the garage, were available, without the need for a variance. Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights and would not cause undue hardship. In 2005, the Land Development Regulations were revised to allow administrative adjustments for reductions in setbacks for lots platted prior to June 13, 1975, such as in Boynton Isles. The administrative adjustments would reduce the front setback from 25 to 20 feet, which would not be sufficient. The variance was not the minimum that would make pOSSible the reasonable use of the residence, given the amount of the encroachment, which was more than double what could be granted administratively. The size of the addition was 20 feet 8 inches wide and 11 feet deep, which was approximately 227 square feet. Based on the above, staff recommended the requested variance be denied. However, staff supported residential redevelopment and recognized that past variance requests had been reviewed by the City, using more than the traditional criteria. If the board and City Commission supported this request, staff offered the following for consideration. There were no sidewalks in the Boynton Isles neighborhood. Therefore, 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 the addition would be located a total of 29 feet from the edge of the asphalt roadway, which would maintain an adequate space and view along Isles Road. The streetscape of Isles Road was not regular, with the south side of the street being lined with oversized hedges in the rear yards of several homes in an adjacent subdivision. The proposed addition to the front of the residence would not have a negative impact on adjacent properties across Isles Road. The house to the east was oriented such that the garage would be adjacent to the bedroom addition, which also minimized any potential impact. The proposed addition would make the subject property more comparable to home sizes in the immediate area of the subject property. Staff had not received any objections to the request but had received letters of support from the adjacent property owners and from the homeowners' association. It was unlikely the addition would block the views of motorists backing out of driveways, which were 45 feet in length, and most of the nearby residences had circular drives in addition to the driveways. Jose ROdriguez, 947 Isles Road, clarified several points set forth in staffs report. The office-den identified as a bedroom did not have a closet and measured 11 feet by 11 feet, or 121 square feet. A standard room measured 144 square feet. He believed an office was essential, especially for individuals having more than one job. Item "e" of staffs report indicated the proposed addition was 11 feet by 20 feet 8 inches, approximately 227 square feet. This referred to the exterior, rather than the interior boundaries. In order to construct the additional room, it would be necessary to come in from the living room through a closet of a second bedroom, thereby eliminating the closet in the second bedroom. It would then be necessary to build two closets in the new room. The new room would measure only 10 feet by 13-1/2 feet, or 135 square feet. The primary reason for the addition was to accommodate the mother of Mr. Rodriguez, who would be moving into the residence. Mr. Rodriguez had the support of his neighbors as well as the association. Chair Jaskiewicz invited public comments. There were none. Attorney Alexander was asked whether the board's approval of the requested variance would present difficulties as to other properties that were not unique. Attorney Alexander explained that any applicant seeking approval of a variance would be required to appear before the board and ultimately the City Commission. Therefore, the granting of a variance on one property would not automatically require the granting of a variance on a separate property, whether unique or similar. Mr. Lis recused himself from a vote as he was the appointee of Mr. Rodriguez as well as his next-door neighbor, and President of Boynton Isles Neighborhood Association. However, he noted his support for the project. Attorney Alexander indicated it would not be necessary for Mr. Lis to recuse himself, as there was no monetary gain involved. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Motion Mr. Myott moved approval. Ms. Grcevic seconded the motion that passed unanimously. B. Boynton Vistas II Maior Site Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Vistas II (MSPM 07-004) Jeff Wolff, Wolff & Company, Inc. Wolff & Company, Inc. 420 NE 17th Avenue Request for Major Site Plan Modification approval to allow construction of seven additional mUlti-family residential apartment units in two, I-story buildings, and a 1,000 square foot rental office on a 1.76-acre site zoned R-3, Multi-family Residential. Ms. Zeitler noted the subject property for the proposed Boynton Vistas II project consisted of a proposed I-story building with four units, a I-story building with three units, and a 1,000 square foot rental office. The project was proposed at the maximum density. The proposed rental office could not be converted into an additional dwelling unit in the future. Staff reviewed the site plan and determined the project, along with the recommended conditions of approval, complied with the Land Development Regulations. The project had received approval for traffic and school concurrency. The existing parking lot would be reconfigured and upgraded to several current Code requirements for traffic and pedestrian circulation, accessibility and landscaping. The parking lot would be resurfaced and restriped and would include new curbing, landscaped islands and sidewalks. The project proposed a mix of two and three-bedroom units, based on 19 total units, and 1,000 square feet of office space. The project required 42 parking spaces and a total of 45 parking spaces were provided, included two handicap spaces. The entire site would be landscaped to comply with current requirements. A large, open-space area, approximately 100 feet by 100 feet, would remain vacant, serving as usable open space and a recreation area for the residents. Building "A" would contain four dwelling units and Building "B" would contain three dwelling units and an office. The minimum living area for multi-family units in the R-3 zoning district was 750 square feet. Each of the dwelling units, and the office would be approximately 1,000 square feet in size. Staff reviewed this request for major site plan modification and was recommending approval with conditions. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Jeff Wolff, President, Wolff & Company, Inc., and owner of Boynton Vistas, concurred with all the conditions of approval. He noted the existing buildings were fully occupied and as such, there was a need for the project. Additionally, in order to accommodate requests of Section 8 Housing and Affordable Housing, he included three-bedroom, and three-bath units in the mix. Board discussion ensued. Highlights included: · The floor plan was not good, as the bedrooms were larger than they needed to be (especially the master bedroom), while the living room and dining rooms should be larger. · The plan was consistent with today's market, and the kitchen and bedrooms were the most important features. Mr. Wolff noted, in dealing with handicap issues, he was requested to modify the bathrooms, which reduced the size of the living area. Representatives of companies with which he dealt believed it was more important for individuals to be able to navigate more easily in the bedrooms than in the living rooms. Mr. Wolff advised all units in the development were rentals and, in his opinion, were very marketable. He was prepared to build the units immediately upon approval. He added funding should be available within the next 30 days. He pointed out the floor plans for the proposed units were consistent with the floor plans of the existing buildings, and the proposed units would be upgraded to provide hurricane shutters. He reiterated Section 8 Housing would be provided pursuant to the Fair Housing Act. Board discussion ensued. Highlights included: · As the units in existing buildings were fully occupied, the need existed for the development. · The necessity for the provision of Section 8 Housing was noted. Motion Mr. Lis moved to approve, with all conditions of approval as noted. Mr. Saberson seconded the motion that passed 5-1 (Mr. Myatt dissenting). Mr. Barnes arrived at 7:05 p.m. Ed Breese, Principal Planner, requested Items 7.C1., Safe & Secure Phase III, Major Site Plan Modification, and 7.C2., Safe & Secure Phase III, Community Design Plan Appeal, be addressed simultaneously for presentation and voted on individually. The board had no objection to the request. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 C. Safe & Secure Phase III Maior Site Plan Modification 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Safe & Secure Phase III (MSPM 08-001) Robert Basehart, Pugliese Company Boynton Properties, LLC 3010 South Congress Avenue Request for Major Site Plan Modification approval for the addition of a separate 7,953 square foot storage building to a 3.9-acre site currently improved with a 95,588 square foot self-storage facility and 4,575 square foot automotive car wash, all zoned M-l, Industrial. Safe & Secure Phase III Community DesiQn Plan Appeal 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Safe & Secure Phase III (CDPA 08-001) Robert Basehart, Pugliese Company Boynton Properties, LLC 3010 South Congress Avenue Request for approval of a Community Design Plan Appeal to allow overhead bay doors to face Congress Avenue, in conjunction with an application for Major Site Plan Modification (MSPM 08-001). Mr. Breese advised the plan for Phase III consisted of the addition of a separate 7,953 square foot storage building to the 95,583 square foot Phase I storage facility, and the Phase II Carwash, which was approved originally as Rapido Rabbit The project would have access on Congress Avenue through a curb cut to the north of the existing carwash, and from the south on the east side of the Phase I self-storage facility. The parking for the facility would consist of four excess parking spaces from Phase I, designated for the Phase III building. The Phase III building would receive the same architectural treatments as the Phase I building, including beige walls, with the Patina Green standing seam metal roof. The Community Design Plan Appeal was requested in conjunction with the Major Site Plan Modification request. The applicant has proposed to paint the overhead bay doors and the side-swinging doors to match the color of the walls. He believed the applicant was to be commended for working diligently with staff to make the doors less 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 noticeable. The bay doors were recessed 12 feet from the west wall of the building and the area was fitted with a roof covering to conceal the doors as much as possible. The bays were being rotated to face the internal courtyard, thereby reducing the number of bays facing Congress Avenue. The applicant was landscaping the areas between Congress Avenue and the pOint of the building, including the median, the perimeter landscape buffer of the carwash and the entry drive off Congress Avenue. Staff required a great deal of landscaping at the exit of the tunnel of the carwash to block the internal views into the carwash, which also provided a great deal of buffering to the applicant's project. The applicant was also doubling the amount of landscaping on the island between the carwash and the Phase III building. As such, staff was recommending approval of the Major Site Plan Modification, as well as the Community Design Plan Appeal. The Major Site Plan Modification contained conditions, while the Community Design Plan Appeal did not, based on the mitigation provided by the applicant. Mr. Breese believed the applicant designed the best possible plan for the site. Bob Basehart, Executive Vice President, Pugliese Company, noted the Safe & Secure facility was a three-story, 95,588 square foot limited access self-storage facility. All access to the original bays was from within the interior of the building. Phase III of the project consisted of a 7,953 square foot, one-story building with nine limited access units and eight general access units with an overhead door. Two of the units have been turned inward and only six doors faced the front of the building. The building would provide storage spaces larger than those in the limited access building and would accommodate storage for equipment, small boats, jet skis and collector cars. The facility would be enclosed and there would be no outside storage. Unlike repair shops, carwash and oil-change facilities, the doors to the proposed facility would almost always be closed. This proposed storage would provide an opportunity currently lacking in the area. He believed all of the objectives of the Community Design Plan Appeal had been met. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. When the issue of height of the facility arose, Mr. Basehart explained the height was necessary in order to accommodate rack systems for use in storing collector cars. There would be no parking in the front recessed area containing the roof overhang. The equipment would be located off the side of the building and would be completely screened with landscaping. Mr. Basehart suggested landscaping the area to the south. Mr. Breese noted at the time the property was sold and subdivided, it was the intent to utilize the strip for further development. When the property was purchased, it was intended that all three parcels would be utilized. The front site on Congress Avenue was purchased for the carwash, and the balance of the property remained with Mr. Pugliese's company. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Chair Jaskiewicz believed the proposed project constituted an overuse of the property. Mr. Basehart contended the total building coverage in the floor area was well within the limits required by the Code. In a carwash facility, a tremendous amount of land area was needed for lining up cars to be washed. A carwash also required more parking than a self-storage facility required. The applicant had need for only four spaces and was using the surplus spaces. Chair Jaskiewicz expressed concerns relating to the workspace area, visibility of the facility to residential areas, insufficient pervious area and lack of maintenance of the drainage easement. Mr. Basehart noted the applicant did not own the land immediately to the north which was zoned Industrial. Discussion ensued as to future development of the land. Mr. Breese advised staff would carefully review all future development to ensure compatibility . It was suggested that a hip roof be installed on the ends of the buildings, which could soften the roof lines without the loss of volume or square footage. Mr. Basehart accepted the suggestion. Discussion ensued with respect to the elevated drainage area. It was reiterated the applicant did not own the land between its site and the canal. A board member inquired whether, as part of the process, it was the applicant's responsibility, if positive outfall was sought, to provide drainage plans. Mr. Breese advised it was not a condition of approval; however, the true engineering drainage plan would be reviewed at the time of permitting. With regard to Condition #20, Live Oak Trees were suggested. Mr. Breese noted staffs intent with regard to Condition #20 was to place some kind of plant material six to eight feet in height between the hedge height and the Palm Trees. Mr. Basehart accepted staffs recommendation for an intermediate tree between the top canopy and the ground cover. Staff was asked whether allowances had been made for any other businesses along Congress Avenue with regard to overhead garage doors facing the street. Mr. Breese was uncertain whether this had been accomplished on Congress Avenue, but it had been accomplished on other major thoroughfares. The Community Design Plan covered all the major thoroughfares within the City, and there had been a number of appeals approved over the years with certain mitigation. Motion Mr. Barnes moved to approve the Major Site Plan Modification with the conditions suggested during the meeting, and all of staffs conditions. Mr. Grcevic seconded the motion that passed 6-1 (Chair Jaskiewicz dissenting). 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Mr. Breese requested clarification as to the conditions suggested and was advised as follows: · A hip roof should be installed on the north and south sides to soften the end elevations. Staff would work with the applicant. · The height of the landscaping was to be increased, if staff determined this was feasible. Motion Mr. Barnes moved approval of the Community Design Plan Appeal as presented. Mr. Lis seconded the motion that passed 6-1 (Chair Jaskiewicz dissenting). 8. Other Chair Jaskiewicz reminded the board members of the Advisory Board Recognition Dinner to be held April 23, 2008. 9. Comments by members None 10. Adjournment There being no further business to discuss, the meeting properly adjourned at 7:40 p.m. n? Stephanie D. Kahn Recording Secretary 043008 10