Loading...
Minutes 12-22-09 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, DECEMBER 22,2009, AT 6:30 P.M. IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA PRESENT: Shirley Jaskiewicz, Chair Roger Saberson, Vice Chair Candace Killian Jeff Lis Steve Myott Warren Timm, Alt. Mike Rumpf, Planning Director Jamila Alexander, Assistant City Attorney ABSENT: Matthew Barnes Sharon Grcevic 1. Pledge of Allegiance. Chair Jaskiewicz called the meeting to order at 6:32 p.m. Ms. Killian led the Pledge of Allegiance to the Flag. 2. Introduction of the Board. Chair Jaskiewicz introduced the members of the Board. 3. Agenda Approval. Motion Vice Chair Saberson moved to approve the agenda as presented. Mr. Timm seconded the motion that unanimously passed. 4. Approval of Minutes. Vice Chair Saberson clarified on page 15, the third paragraph from the bottom, that years ago he was the City Attorney in Delrav Beach. 1 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 Motion Vice Chair Saberson moved to approve the minutes with the clarification. Mr. Myott seconded the motion that unanimously passed. 5. Communications and Announcements. Report from Planning and Zoning Director Mike Rumpf, Planning Director, announced staff was contacted by Ms. Grcevic who indicated she would be out of town. Mr. Barnes was unsure he would be able to attend due to a commitment. The following actions were taken by the City Commission on items previously reviewed by the Board: . New Urban High Ridge was tabled indefinitely on December 1,2009. This had to do with the remaining portion of property on High Ridge Road which was previously converted from a county designation upon annexation to Residential PUD. The property was intended for single-family and townhome structures. Due to market conditions the project was abandoned. The property was subsequently split with a portion sold off for a school & reviewed by the Board. The remainder of the property was still unaddressed and would be rezoned back to an industrial district. . The Recreation Surface Water Comprehensive Plan Amendment was approved on 2nd reading and the IPUD zoning district Code amendment to codify the Comprehensive Plan amendment was approved; . Ordinance 09-44 adopting the corresponding IPUD Code amendments was approved; however, the parking ratio requirements would be addressed under a separate ordinance. . The Administrative Appeal for Pro-Golf Mega Mini would be held at the first City Commission meeting in January; Additionally, the City Commission was going to reconsider Ordinance 09-044 in January regarding its height provisions. It was noted there was a site plan application pertaining to the height and other issues included on the Planning and Development Board agenda and the members discussed whether to defer the item until after the City Commission's determination to reconsider the ordinance. After further discussion, it was decided the Board would review the plan and make their own determination. 6. Old Business: None. 2 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 7. New Business: Attorney Alexander administered the oath to all who would be testifying. There was agreement both of the Hemingway Square items would be discussed together and voted on separately. A. 1. HeminQwav SQuare Medical Office (LUAR 09-004), Land Use Plan Local Retail Commercial (LRC); and Request approval to rezone from Infill Planned Unit Development (IPUD) to C-3 Community Commercial. Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Hanna Matras, Senior Planner, explained the first item was the LUAR and rezoning at 2319 S. Federal Highway. The property was presently designated as Special High Density Residential and had the IPUD zoning. In July 2006, the property was approved for 21 townhouse units known as Hemingway Square. The site plan expired in July 2007. Given the market conditions, the applicant sought a non-residential option for a medical office. If approved, the request would revert back to its prior designation of Local Retail Commercial. The prior zoning was C-2, Neighborhood Commercial and C- 3 Community Commercial. The request was to zone the property to C-3. The request was consistent with the intent of the Code as it pertained to time limitations. If no action was taken within 18 months of the approval for zoning, the City Commission could revert the zoning and land use designation. The size of the parcel makes the request a small scale amendment, which would not have a full compliance review by the Department of Community Affairs. If approved, staff would send the request to the Department of Community Affairs. Staff reviewed the request using the Land Development Regulations and recommends approval. The request is consistent with the goals of the Comprehensive Plan and Federal Highway Corridor plan. There would be no impact on infrastructure. Staff added a condition of approval that the occupant would provide a traffic impact report. Staff did not anticipate any issues from the report which would be submitted prior to the City Commission meeting. 2. HeminQwav SQuare Medical Office (NWSP 08-003), New Site Plan, located at 2319 South Federal Highway, northwest corner of SE 23rd Avenue and South Federal Highway. Request for new site plan approval for an 18,000 square foot medical/professional office building on a 1.24 acre parcel in a proposed C-3 zoning district. Applicant: Robert Vitale, Realty Acquisitions & Trust, Inc. Kathleen Zeitler, Planner, reviewed the request. Staff reviewed the plan for concurrency, utilities, drainage, access circulation, parking, building height and site lighting. Staff's findings of compliance were contained in the report. Ms. Zeitler reviewed the parking, and pedestrian access. The office design was modern with a smooth stucco finish. The landscape plan had appropriate buffering. The south buffer along SE 3 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 23rd was 7 -feet wide. East on Federal Highway, the buffer varied between 10-15 feet. The landscaping would be comprised of canopy trees such as Live Oak, Gumbo Limbo, Silver Buttonwood, East Palatka Holly and other palm trees such as, Florida Royal Palm, Sable Palms and Christmas Palms Half of the plant materials would be native and the remaining half will be non-native having medium watering needs. Staff recommended approval of the plan as presented contingent on the land use amendment and rezoning, and the 14 conditions of approval. Jose Fernandez, Slattery and Associates, Architects, 2060 NW 2nd Avenue, Boca Raton, was present. Mr. Fernandez distributed an exhibit to the members and thanked staff for their assistance to work out the details of the application. The lot was vacant, formerly used as a furniture store. A prior unit made application for the 21-unit townhome project which did not come to fruition. Mr. Fernandez noted there was a great deal of landscaping. As soon as approval was given, they would be retained for the permit documents. They hoped, if approval was granted, they could begin the design elements, permit in the spring, and start construction as soon as possible. There was discussion regarding signage. Staff explained there would be one monument sign. They were allowed a wall sign, but the applicants were not proposing to install one. If the applicants later decided to add a wall sign, they would have to apply to the City. Mr. Myott was opposed to multiple listing on the parapet. Chair Jaskiewicz opened the floor to public comments for both items. No one coming forward, Chair Jaskiewicz closed the floor. There was discussion the traffic analysis required was a long term capacity analysis, extending up to 25 years into the future. Motion Vice Chair Saberson moved, as to Agenda Item 7.A.1., Hemingway Square Medical Office Land Use Plan Amendment and Rezoning, to approve staff's recommendations subject to all comments of staff. Mr. Lis seconded the motion that unanimously passed. Motion Mr. Lis moved to approve the proposed site plan subject to application for the prerequisite Land Use Amendment Rezoning LUAR 09-004 and subject to satisfying all the comments indicated in Exhibit "C" Conditions of Approval. Mr. Myott seconded the motion that unanimously passed. 4 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 B. 1. Casa del Mar Yacht Club. (REZN 09-003), Rezoning, located at 2632 North Federal Highway, east side of Federal Highway, North of Dimick Road. Request to rezone 4.11 acres of property from Infill Planned Unit Development (IPUD) with a multifamily use master plan to IPUD with a marina use master plan. Applicant: Lancore Nursery, LLC. There was agreement to hear all of the items together and hold discussion on each separately. Mr. Myott requested hearing from the surrounding neighborhoods, such as INCA. Hanna Matras, Senior Planner, presented the request. In July of 2006, the property was approved for 82 multi-family units. Given the current market, the project was no longer economically feasible, nor was it anticipated to be in the near future. While retaining the current approvals, the applicant sought a non-residential option and was requesting approval for rezoning to the Infill Planned Unit Development with a marina use. Although the property was approved for the IPUD, the new plan must be processed as part of a rezoning. Additionally, the applicant was requesting a conditional use and two variances. Mr. Lis left the dais at 7:08 p.m. The Master Site Plan proposed a MarinalYacht Club. The proposal would include 320 dry and 35 wet slips encompassing about 75,000 square feet of building area. The proposed buildings included a 5,000 square foot one-story boat sales showroom and office; a 55,173 square foot boat storage (dry stack) building at 66 feet in height; a three-story clubhouse/retail store and office totaling nearly 10,000 square feet; a one- story boat staging and wash down area having 4,454 square feet; and a dock hand pavillion at 400 square feet. There would be 99 parking spaces on site, including four spaces designated for handicap use and pedestrian connectivity. Mr. Timm left the dais at 7:10 p.m. Staff reviewed the use and found the request to be consistent with several Comprehensive Plan policies. The development does not create any additional impact on infrastructure. It would contribute to the economic goals of the City through job generation; however, the height of just over 66 feet was incompatible with the adjoining property owners and it could not be adequately addressed. The project design could potentially mitigate the impact on the surrounding properties at the allowed height of 45 feet. In this case, staff felt any remaining concern would be offset by the project's benefits at 45 feet. For the proposed height, the protection afforded by the regulations of the IPUD zoning district would not be adequate to ensure reasonable land use compatibility between the project and surrounding neighborhoods. Staff recommended the project be approved subject to compliance with the maximum height allowed in the IPUD district. 5 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 2. Casa del Mar Yacht Club. (ZNCV 09-005) and (ZNCV 09-006), Zoning Code Variance, located at 632 North Federal Highway, east side of Federal Highway, North of Dimick Road. Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.3., "Maximum Height allowed - 45 feet", to allow a height of 67 feet for a proposed boat storage structure, for a variance of 22 feet; and Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.L.4.g.11.(p)., "Additional Design Regulations", requiring the height of 50% of required trees be a minimum of two- thirds the height of the building, to allow the required trees to be planted at one- third the height of the building, for boat storage structure within a proposed yacht club/marina, at 2632 North Federal Highway, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lancore Nursery, LLC. Ed Breese, Principal Planner, presented the zoning code variance items. The first variance was a request to exceed the maximum height of 45 feet allowed in the IPUD District to accommodate the boat storage facility at 67 feet, having a variance of 22 feet. The second request was to vary the request for installation of landscaping and allow it to be planted at 1/3 the height of the structure. The applicant indicated there were special conditions or circumstances requiring the height variance based on the narrowness of the lot, the number of slips needed to offset the cost of the property and the improvements of an upgraded building. New boat dimensions were taller which required taller racks. While the property was elongated, it was not of such a configuration that the project could not be physically constructed on the site, even at a lower height. Another project could be approved for the site, as witnessed by the previous approval of the Casa Del Mar residential site plan. The variance request was predicated on the applicant needing to house a certain number of boats to make the project economically viable and not any pecularities of the lot itself. Staff felt, in regard to Variance Criteria B that the need for the variance did not arise from the actions of the applicant. The project scale accommodated the economics of the project, but it was not a criteria to be used in the approval of variances. Criteria C was discussed. The applicant opined approval of the height variance would not confer any special privileges and if other applicants could meet the requirements, they could make application as well. Staff's opinion was the height was too drastic at the edge of a single-family residential development Staff pointed out several projects were approved below 45 feet in order to be compatible with surrounding properties and if the height variance were approved, special privileges would be granted to the applicant that would not otherwise be granted to others. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 The applicant asserted the literal interpretation of Criteria D would deprive the petitioner of the ability to construct an allowable use in the IPUD zoning district and would cause unnecessary and undue hardship on the petitioner since there was no other category of land use in the City with the height required to build it. Staff; however, did not believe the literal interpretation of the IPUD regulations would deprive the applicant of rights commonly enjoyed by other properties within the same zoning district. As it pertained to Criteria E, the applicant believed the request was the minimum variance needed in order to make reasonable use of the property. The applicant could construct the project at a lesser scale, in conformance with the IPUD regulations, with a reduction in the number of boats stacked in the dry storage facility. The applicant noted on several occasions it would not be economically feasible to do so. Staff believed reasonable use of the property could be achieved through a smaller or different project. Economic factors are not a criteria to be used and considered in variance reviews. The height of the IPUD district to the north had a maximum height of 45 feet, and to the south had a maximum allowable height of 30 feet. The proposed storage building at 66 feet would tower over the surrounding single-family residential districts and would not be in harmony with them. Staff concluded the height, mass and proximity to single-family residential properties for the dry storage building were not compatible and the applicant had not demonstrated hardship, other than that of an economic nature. Staff agreed the landscape plan and line of sight analysis would accomplish the intent of the IPUD without the use of taller trees and recommended approval of the variance for the height of the landscape material; but, as a condition of approval, the petitioner shall substitute more dense and wider spreading tree species such as Orange Geiger and Gumbo Limbo trees in an effort to create a denser landscape area adjacent to residential properties. Staff recommended the variance request for relief from the maximum allowed height of 45 feet to a height of 67 feet for the proposed boat storage structure be denied based on incompatibility with adjacent residential properties and lack of hardship. The variance request for the requirement to install 50% of the trees at 2/3 the height of the proposed boat storage structure, and to relax the requirement to install the trees at 1/3 the height of the structure should be approved based on the inability to plant trees at 43 of 44 feet in the air. Should the building be reduced in height - comparable to that of the zoning district, staff would not recommend approval of the variance. Staff recommended approval of substitution of the plant materials for the Orange Geiger and Gumbo Limbo. 3. Casa del Mar Yacht Club. (COUS 09-004) (NWSP 09-004), Conditional Use and New Site Plan, located at 2632 North Federal Highway, east side of Federal 7 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 Highway, north of Dimick Road. Request for MarinalYacht Club including a 320 unit boat storage building, a 4,450,:!: square foot boat sales showroom, a 9,986 square foot mixed-use building with club facilities, retail store, and ancillary offices within a master planned IPUD on a 4.11 acre parcel. Applicant: Sidney Atzmon, Managing member of Lancore Nursery, LLC. Kathleen Zeitler, Planner, explained staff evaluated the marina use with the conditional use standards and explained many steps were taken to protect the adjacent residential neighborhoods through height and setback requirements, increased landscaping and design, and operational requirements. Access from Lake and Dimick Roads was restricted and locked gates and lockboxes would be utilized only by emergency and waste management vehicles. Accessory uses and outdoor activities were limited. Uses such as minor repairs, engine flushing and boat washing would not be allowed outdoors. Live aboard, Botels and public access to the boat ramp were not proposed. An automated forklift system would be used to reduce decibel levels to those of a car and would operate without backup beeping. No outdoor loudspeakers or music were proposed. Conservation measures for water recycling and reclamation were proposed. Building openings were oriented to the interior of the site and designed with additional regulations for compatibility with adjacent residential land uses. The mass of the boat storage building was mitigated. The buildings were designed with 360-degree architecture that included decorative window shutters with awnings, balconettes and a lighter color palette. The lightpoles were recommended to be 15 feet and would be recessed and shielded on all sides to protect adjacent properties. The boat storage building and clubhouse were set back 15 feet in some areas and did not comply with IPUD setback requirements. Per the new IPUD regulations for marinas, the City may grant some relief from the requirement of one additional foot for each one foot in height above 30 feet if vegetation, screenings and other barriers or creative design on the perimeter of an IPUD achieved compatibility with the adjacent uses. The applicant requested relief from this provision based on the additional planting and buffering to be provided in excess of Code requirements. There would be a six-foot masonry wall along the north and south buffers. Staff recommended the landscape plans be revised to provide various types of plant material within the perimeter buffers that would result in denser plantings and more of a tiered effect. Materials recommended included Traveller's Palm, Fish Tail Palm and White Bird of Paradise Palm rather than some of the proposed canopy trees. With the inclusion of staff's recommended conditions of approval, the proposed marina project would generally be compatible with development regulations and conditional use standards. Staff recommended approval subject to approval of the 30 staff recommendations and subject to compliance with the IPUD district standards for building height and foundation trees, or relief granted. Staff also recommended that a period of 18 months be allowed to initiate the project. 8 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 Bonnie Miskel, Attorney for Lancore LLC, addressed the site plan. Ms. Miskel explained there was discussion about the text amendment on the City Commission level and discussion about reconsideration of the item as it pertained to height. The question was whether a more appropriate height would be at 60 feet. At the City Commission meeting, some residents spoke about it and there was a vote taken not to increase the height to 60 feet throughout the entire PUD. Since then, there was a request for reconsideration, which would be decided on in the first week in January on the issue of height and the 60 feet within the IPUD. Since that Commission meeting, there have been meetings with the President of INCA and they were assured it was not their intention to have the 60 feet exposed throughout the entire IPUD area, including INCA and others similarly situated; rather it made more sense to limit a greater height for the dry storage use. If the request was tabled, there would be an issue for the applicant who had lending issues coming due in January. The project was started months ago. They had submitted a request for a land use change on the property to a commercial category with a corresponding commercial zoning to allow the proposed use. Staff suggested the changes be incorporated into the IPUD District and then commenced the text amendment to the Comprehensive Plan with the corresponding zoning change to allow the use. The applicant's application was then converted upon approval of those actions. Although the applicant initiated the project a long time ago, they were slowed by the changes. Five buildings were proposed for the site which ranged from 400 feet to 55,000 feet. Ms. Miskel discussed the Department of Tourism and the Manatee Protection Plan, which permanently limited the number of wet and dry slips available in the State of Florida. There were only two areas in the City that were preferred for this type of use which she reviewed. The applicant's site; however, did not have seagrass and was in close proximity to the inlet. Ken Carlson, Architect for the project, reviewed the plans. Building one was a sales/retail building that conformed to the height and scale of the corridor design. Building two was in a residential style. It was a three-sided passive building on three sides of it, the west, north and south. The only openings were three large doors in the center and an office door to the south. Building three was a multi-use building. The boat wash facility looked like a residential building and opened to the south, but was shielded from the south by another building. The two larger buildings already constructed on the site were 32 feet tall. The four buildings yet to be constructed were in the 40-foot range. They were residential style, end capped to their structure, with two windows per floor per unit in each of the four buildings. 9 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 He reviewed the position of the buildings. Building two was proposed at the height of 66 feet. The entire site would have a six-foot high wall. There would be a first layer of buffering, and a second layer of trees alongside the building, serving to break down the scale. Dan Carter, Landscape Architect, explained the project was close to the Intracoastal and it had direct access to the ocean. This was a primary concern with the plant selection for the buffering, which should be salt tolerant. Mr. Carter clarified the Orange Geiger tree was an error and Silver Buttonwood should be used. They were limited in what could be used due to FP&L's Right Tree Right Place program. Overall, the project required 207 trees. The applicant had 447 trees and he noted there was a quantity discrepancy in the plans. Staff requested the applicant change some of the materials to Traveller's, Areca Palm, Bird of Paradise and Fish Tail Palms. He explained none of the materials could be used within the FPL Right Tree Right Place program, so they could not use the material under the powerlines as there were certain setback requirements to use those materials. It was his opinion, that using those materials in a salt environment would result in them dying after about a year. The applicant conceded to those requirements if staff wanted them to do so. The trees fronting Dimick Road were large Gumbo Limbos, which were fast growing trees. The height proposed at planting was 18 feet and Mr. Carter anticipated they would be 20 to 22 feet within the first year. The applicant could increase the size of the trees if needed. There would be tiered landscaping on the street front. The windows in the buildings were a glass panel system. The building would have shutters, metal roofs, and there would be a liner tilt wall and a painted lap board in a light colored complementary palate. The south elevation would have a lower section of trees, which were a combination of Yellow Elders and Silver Buttonwoods. Behind them would be the Gumbo Limbos with clusters of Sabals. The Royal Palms would break up the building fagade, being placed about every 35 feet. A similar use of materials would be on the north elevation. He reviewed the sight lines and explained the landscaping materials were to scale at the time of installation. Clearance was sufficient for the Fire Department. The end-user parking was to the rear of the site. As to the variance, staff's position was the request was economic in nature; however the applicant contended the nature of their request had to do with function. Most boat storage facilities have four levels. The lifting system was a forklift system. The difference was the Gateway facility was designed for smaller boats. The proposed project was a high-end, top of the line facility. Hence, the variance from the 45 feet, otherwise the applicant would lose two levels of boats. Luxury boat sales had not been impacted. The developer's intention was to attract a use that exists, and that had a 10 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 demand. The applicant reviewed other uses over the last 10 to 20 years. Other marina dry storage facilities, such as the Royal Palm Yacht and Country Club were across from one of the most affluent areas and had no landscaping. The Marina One facility in Deerfield Beach had previously been a storage facility. The debate, when it was reapproved, had to do with the six-story condominiums behind the site - not because of the height, but the close proximity to their property, which was approximately 25 feet. The subject property was again reviewed. The Peninsula project was approved at a height over 50 feet. The lightpoles were requested to be reduced to 15 feet; however the neighborhood lightpoles were at 20 feet and the applicant requested they be consistent with them. The use was an attractive garage designed to store boats. The IPUD allowed 50 feet for height. The project would bring revenue to the City and would bring up to 36 jobs. She noted Pompano Beach just approved Hidden Harbor which was a 70-foot dry-storage facility. Ms. Miskel explained other businesses know what they need to be successful and this request was no different in that it knows it needs four stories. Ms. Miskel noted the former project for the site was approved at 57 feet. The structure could withstand up to a Category 5 hurricane. There were no mangroves on the site. Chair Jaskiewicz opened the floor to public comments. Harry Woodworth, 685 NE 15th Place, announced the developer spoke to INCA about the project, which he thought was beautiful and well designed. The issue was the project did not match the IPUD requirements and it was right in the middle of a residential area. John McCann, 622 Dimick Road, lived there for 25 years. He agreed with Mr. Woodworth's comments. Mr. McCann felt it was an industrial use in a residential district and indicated the height was an issue and the project would decimate the neighborhood. They want to maintain a family type of neighborhood. Tony Mauro, 2611 Lake Drive North, felt the neighborhood was already decimated. There were no improvements in the area and there was much vacant land and junk on land outside of the dwellings. He applauded the designation of area for the use as it gave an identity to the area and brands it since Florida was synonymous with water, sun and boating. The structure could be a landmark and he hoped improvements would continue down Federal Highway. Mr. Mauro reported some neighbors expressed concerns about the increase in traffic; however, it appeared that item was addressed. He thought there could be a gate at Dimick and having another gate at Potter would be an improvement. He hoped the developer would consider removing the powerlines along Dimick, as they are unsightly. He thought the project was crucial to the area. It was creative and the neighborhood would be the benefactors. He pointed out if he could keep a boat at the facility, he would not want a dock and he thought people would move into the area because of the facility and property values would rise. 11 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 It was pointed out the subject property was not zoned as residential, rather it was zoned for a nursery. The wet slips would be used only as a staging area and could accommodate boats 40 to 50 feet long. A larger boat could be accommodated at the "T". Mr. Lis felt the applicant ignored comments he had on the project. He announced he loved the project but had concerns about the cumulative impact the project would have. Mr. Lis felt his comments were not at all addressed. Ms. Miskel responded they did not prepare the IPUD text change. When they spoke it was a commercial land use application with a commercial zoning category and her thoughts were that staff believed the IPUD would handle the issues on a case-by-case basis. The IPUD was rewritten in a way she had not seen before. A Planned Unit Development was intended to be a shell, having its own requirements, such as setbacks and height. Ms. Miskel felt staff believed the rewrite addressed Mr. Lis' concerns. The parcel must be four acres in size. There were two other parcels the project could be situated on; however, they were City-owned parcels. That was how restrictive the language in the IPUD was and she believed it accommodated his concerns. INCA indicated their issue was not with the project, rather it was with the IPUD. Ms. Killian left the dais at 8:39 p.m. Mr. Lis was concerned about the turning basin and the overhead powerlines. He wanted to hear there was agreement between the parties. Ms. Miskel explained the request was for a dry storage facility and a marina at the site previously approved for condominiums. The only disagreements were on the height issues. The variance requests were for the height of the dry storage facility and the other was the height of the trees. The Code required the height of the trees be two-thirds the size of the building. If the building height remained at 45 feet, the issue was invalidated, but if it was approved at 66 feet, the inventory for trees that are 44 feet that could fit in a foundation plan was virtually non-existent. Their recommendation was to recommend against the height variance for the building; otherwise, they were supportive of the tree heights. Ms. Killian returned to the dais at 8:42 p.m. The applicant was trying to accommodate all parties. It was noted the applicant has rights of ownership of submerged lands and they were permitted through the Department of Environmental Protection for those rights. Tim Blankenship, Coastal Systems International, Marina Consultants and Civil Engineer for the project explained the project was being permitted through the Department of Environmental Protection and the U.S. Army Corp of Engineers. He explained how the staging would work and the architect's plan showed the wet slip layout and the staging area. It was suggested the developer have a plan to move the 12 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 boats in and out. Merv McDonald, Principal for the project, explained the reason why boats are not stored in the water. The applicant spent much time with the State to obtain the number of slips so they could properly stage. With 35 slips, the dockmaster could more than adequately dock the boats. The wet circulation plan was not shown. Mr. Myott was concerned about the size of the building, which resembled a three-story townhome but was twice as tall. He noted the windows, shutters and other items were extremely large, and compatibility with the neighborhood was important. A new scale of elements was being brought in that did not relate to the area. He would like to see the project better integrated into the community and thought it would be good for the town. He agreed the powerlines should be underground and that Mr. Carter should select the trees to ensure they would survive. Ms. Miskel reviewed the "Green Box" areas. The subject property was the only property that could accommodate the project. She explained the applicants felt they had accommodated Mr. Lis' concerns. They tried to mitigate the impact on the neighbors. They are 80 ft from the property line and 150 feet from the nearest home. On the north side they were over 50 feet from the property line and over 90 to 100 feet from the nearest building. Building 3 had no open windows or openings that could spill any noise to the neighborhood. She explained the building design was a staff recommendation. None of the windows faced the neighbors. Vice Chair Saberson agreed with the comments to bury the powerlines and about the landscaping. It was noted the City's report recommended burying the powerlines on the north side; however, that was in error. The powerlines to be buried were to the south. Mr. Timm explained there would be no significant boat traffic from vehicles on Federal Highway. Boat owners would call ahead to the facility indicating when they would arrive so they could have the boat waiting for them. It was an internal operation. When the owner was finished boating, the dockmaster would park it. Ms. Killian was in favor of the project and agreed the landscape architect should select the trees. She agreed with the scale of the project and felt the project size, while it was economic, was a matter of function. Chair Jaskiewicz recalled they previously had a proposal similar to this for the downtown marina area. She felt it would not be detrimental to the property. She was upset regarding the IPUD zoning and explained if the application had arisen at that time and all parties were allowed to voice their opinions regarding the height, that was the appropriate time to hear the application. She liked the architecture, and the project. She elaborated that she liked the Ordinance the way it was presented at the time. She thought the project would be an enhancement to the area and the property. 13 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 Mr. Lis left the dais at 9: 11 p. m. and returned at 9: 12 p. m. There was further discussion of the project and its location. Mr. Lis opined the project would create an economic value for the applicant and for the town. The area would become a marine business district, and staff made that decision months ago by creating the overlay district as it related to the manatee zones. The County made the decision three or four years ago. Mr. Myott explained it was staff's job to advise the Board members of what regional plans were in place and what would happen to traffic in the area. Mr. Rumpf commented he had information on INCA's current position which he distributed. It was noted INCA opposed the increase in height favoring a case-by-case review. They were concerned regarding the "Green Box" and that the additional height should be reviewed on a case-by-case basis of the project throughout the corridor and not be an across the Board increase in height. They had concerns the development would spread and should be limited to those areas. The Code in its present form, limits the marina type water based type uses to the preferred zones. In order to take those uses outside the zone, a Comprehensive Plan Amendment would be needed. Ms. Miskel addressed Condition 10 regarding the mangroves contained in the Site Plan/Conditional Use application, Exhibit D. She suggested adding the terms "If required" since there were no mangroves on the site. The present IPUD allows the applicant to request relief if they go above 30 feet by adding one foot more to the setback for everyone foot in height over the 30 feet. Building three was situated on the site because when they were applying for their environmental permitting, they were told where to put the boats. The buildings have to be the north or south. Building three was very narrow and was 15 feet off the property line to the south, but was 12 feet over the 30 feet. They need to be 27 feet off the property instead of the 15 feet. The applicant believes they mitigated the issue because it was a non-active side of the building and the neighbors' privacy was protected. The applicant requested that condition be rejected for the building. Also Building two would have to have additional setbacks as well. It was setback 15 feet off Lake Drive. The applicant requested relief for that building and suggested relief from Condition #15 for only those two buildings. Condition #19 pertained to the height of the building. If the variance request was approved, the condition would not apply. The applicant requested Condition #21 be rejected and use the salt tolerant plant species and materials suggested by their landscape architect. They would like the landscaping to be approved as submitted, and the applicant would like to leave the Gumbo Limbo instead of the Traveller's, Fish Tail, White Bird of Paradise and Areca Palms. Staff had made the recommendation to have a more dense planted area and the applicant planted more trees than the minimum required. There was so much 14 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 visibility and opening between the trees, staff sought a tiered buffer rather than an upgraded buffer. Ms. Miskel commented now that the powerlines would be buried they can provide a more dense barrier and she requested they work with staff to accomplish that goal with the utilization of salt tolerant materials. The applicant requested a variance from Condition 23 regarding the height of the planting materials. The condition may not apply if the height variance for the building was not approved. The applicant had been in negotiations with Palm Tran regarding a bus stop and a shelter in front of the building. There was an area where they could locate it, but it would require the removal of landscaping. Palm Tran advised that Potter Road does not have a bus shelter and suggested the applicant pay for the shelter there instead. She requested adding language to the effect "or in accordance with any other negotiations with Palm Tran" or other language to staff's satisfaction. Staff advised that language was acceptable. Condition #27 pertained to reducing the lighting from 20 feet to 15 feet. The applicant explained that the height was inconsistent with the neighbors. Due to the Code requiring the project lighting not spilling out to the neighbors, they felt by being consistent with the height of the lightpoles at 20 feet and the vegetation , there would not be any spillover. Staff could support the request as long as the illumination characteristics matched or are less. The lights needed to be baffled and Mr. Rumpf had various suggestions. The applicant agreed with staff's suggestions and to work with them. There were questions if the Board approved the applicant's landscape plan, whether Condition 23 would apply. Staff responded it would. There were also questions if there was a way to grant relief to a small portion of the site. Mr. Breese responded it would be through a waiver process. If the applicant provided the necessary landscaping to offset the buffer whether it should be included as a comment. Mr. Breese responded it should stay as it provided the City Commission the ability to grant the option. Motion Mr. Myott moved to approve Item B1 Casa Del Mar Yacht Club rezoning located at 2632 N. Federal Highway, the request to rezone 4.11 acres of property from IPUD with a multi family use master plan to IPUD with a marina use master plan subject to staff comments. Vice Chair Saberson seconded the motion that unanimously passed. Motion Mr. Myott moved to approve the variance for Casa Del Mar Yacht Club B.2 for a zoning code variance located at 2362 N. Federal Highway to exceed the maximum height of 45 feet to allow the height of 67 feet for a proposed boat storage structure, a variance of 22 15 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 feet, and request relief from the Boynton Beach Land Development Regulations, Chapter 2, zoning section 5.L.4G11-P Additional Design Regulations, requiring 50% of the required trees to be a minimum of two-thirds the height of the building to allow the required trees to be planted at 12 the height of the building, for a boat storage structure within a proposed yacht club/marina, at 2632 N. Federal Highway in the IPUD zoning district. It was suggested having two separate motions. Mr. Myott amended his motion to consider the height variance of 22 feet allowing it to go from the 45 feet to a height of 67 feet for the boat storage building. Vice Chair Saberson seconded the motion that passed 5-1 (Chair Jaskiewicz dissenting.) Chair Jaskiewicz explained she was not in favor of the request based on the reason she previously stated which was that it should have been presented earlier. Motion Mr. Myott moved to allow the height of the required trees to be planted at one-third the height of the building as opposed to two-thirds the height of the building. Ms. Killian seconded the motion that unanimously passed. Motion Mr. Myott moved to approve the conditional use and new site plan for the Casa del Mar Yacht Club, Item B.3 located at 2632 North Federal Highway, request to approve a marina yacht club including a 320 unit Boat Storage Building, a 4,450 square foot Boat Sales Showroom, a 9,986 square foot Mixed-Use building with club facilities, retail store ancillary offices within a master plan IPUD on the parcel. Subject to all staff comments except as follows: Modification to Condition #10, adding the language "if required" between the words "permit" and "from". To read "The applicant must obtain a permit, if required, from the regulatory agencies pertaining to the existing mangrove trees along the eastern perimeter of the property"; Condition #15 would be left in asking the applicant to present their documentation relative to additional landscape to the City Commision for a waiver as allowed by the IPUD zoning districts; Condition 21 was proposed to be rejected and include wording that due to the powerlines being buried along Dimick Road that a higher canopy tree would be provided in its place, providing the additional screening that this comment addressed, subject to staff's review and agreement; 16 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 Condition 25, would be changed to read the applicant will continue to negotiate an acceptable solution with Palm Tran, subject to staff approval; Condition 27 replacing the comment with allowing the lightpole height to match Peninsula's at 20 feet, to provide matching illumination level and cut-off fixtures or a baffle to eliminate light spilling onto adjacent properties; Add an additional comment that the powerlines along Dimick Road would be buried. Mr. Timm seconded the motion that passed unanimously. C. 1. Land Development ReQulation - Rewrite Group 7 (CDRV 07-004), Code Review. A portion of Group 6 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes the following: An amendment to Chapter 2, Article II (Planning and Zoning Division Services) to add Lot-Line Modification provisions; Chapter 2, Article III (Engineering Division Services); Chapter 2, Article IV (Building Division Services); Chapter 2, Article V (Business Tax Services); and Chapter 2, Article VI (Impact and Selected Fees). Applicant: City-initiated. Chair Jaskiewicz inquired if the document included the changes they had read. Eric Johnson, Planner, felt it was proper to make a presentation. Mr. Johnson gave a brief presentation and explained the Group 7 Rewrite pertained to the Engineering Division, Building Division, Building Tax Division Services, and impact and selected fees. With regard to the Planning and Zoning Division Services, they added a process called "Lot Line Modification" for properties that are not to be platted or required a replat, they would have to go through their Division's process to ensure it complied with the zoning code. The biggest changes were that the Building Division requested any site development work, or anything five feet from the building be handled by either Planning and Zoning or Engineering. This means clearing and grubbing, the irrigation and paving, grading and drainage permits would be changed and filtered through Planning and Zoning or the Land Development permit process, which is handled by the Engineering Division. The Board had previously reviewed Season Sales events and Temporary Sales events, which would be overseen by the Business Tax Services. The changes contained the process by which to secure those approvals. The Business Tax changes were contained in four pages, and formalized the process. It was noted the issuance of a Business Tax Receipt was not a zoning determination. Staff wanted to prepare an outline for developers desiring to go through the development process so as to educate them on what type of approvals would be needed. The impact and selected fee section did not contain an all inclusive list of fees a developer would have to pay. Staff believed it would be beneficial to have a list, or 17 Meeting Minutes Planning and Development Board Boynton Beach, FL December 22, 2009 guideline, to give the developer an estimate of how much their project would cost. The staff report indicates wireless communications facility regulations were not included in this presentation. Mr. Johnson distributed information regarding the Surety Section of the Engineering Division article as it pertained to the periodic reduction in surety. The information reflected the ordinance passed' in 2006, which was not in the language regarding Engineering Services. Staff was not proposing to change anything. . Staff requested approval so they could start the Group 8 Rewrites. There was discussion to include the information in the Engineering Division Services Article, Section 6.B2, Page 67. The definition of surety was discussed and it was noted this was the City's way to release the surety in stages. On page 67, the underlined portion of Ordinance 06-086 was omitted in Article III Engineering Services. Motion Mr. Myott moved to recommend the Land Development Rewrite Group 7 Code Review portion of the group be forwarded to the City Commission for further action. Ms Killian seconded the motion that unanimously passed. Chair Jaskiewicz 'wished all a healthy Holiday season and a safe' and prosperous New Year. There being no further busines's to discuss, the meeting properly adjourned at 9:~:4 p m. (Jllt}.tIU/~. (J/tvuI Catherine Cherry 6 Recording Secretary 123009 18