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Minutes 06-26-12 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD ON TUESDAY, JUNE 26, 2012, AT 6:30 P.M. IN THE CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Roger Saberson, Chair Mike Rumpf, Director, Planning and Zoning Sharon Grcevic, Vice Chair Stacey Weinger, Board Attorney James Brake Cory Kravit ABSENT: Brian Miller 1. Pledge of Allegiance Chair Saberson called the meeting to order at 6:30 p.m. Ms. Grcevic led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Chair Saberson introduced the members of the Board. 3. Agenda Approval Motion Mr. Brake moved to approve the agenda. Ms. Grcevic seconded the motion that unanimously passed. 4. Approval of Minutes from May 22, 2012 meeting Motion Ms. Grcevic moved to approve the minutes. Mr. Brake seconded the motion that unanimously passed. 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, advised he would provide an update on previously reviewed items and how they fared before the City Commission. On June 5 the Mobile Vending Unit item that was to modify the regulations to allow weekly removal from a site was approved on first reading, and set for second reading in July. Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2012 On June 16 the Commission approved the Economic Development Initiatives with various amendments to the zoning regulations on second reading. They are presently in effect. Mr. Brake inquired on the status of the veterinary clinic that was going in on Boynton Beach Boulevard. It was advised they were coming back on a redesigned project, but there were uncertainties on whether or not it would be moved forward. 6. New Business A.1. Boynton Village & Town Center (MPMD 12 -003) — Approve Master Plan Modification to the Boynton Village & Town Center development to redesign the Cortina portion of the site from 458 townhomes, 348 apartments and 80 single - family homes, including the relocation and re- sizing of the park land dedication on a site zoned SMU (Suburban Mixed Use) and located at the NE corner of Old Boynton Road and Congress Avenue. Applicant: Michael Covelli. Ed Breese, Principal Planner, advised BR Cortina Acquisitions, LLC was requesting a Master Plan Modification to the Boynton Village & Town Center Master Plan to redesign the Cortina portion of the site from the previously approved plan in 2005. Mr. Breese showed the boundaries and map in a slide presentation. The previously approved site was rezoned to Community Commercial; the balance of the site was rezoned to Suburban Mixed Use at that point in time. Staff requested a Master Plan for the entire site as the connectivity and the shared amenities between the two parcels warranted a more comprehensive view of the entire 106 acres. The current proposal increased the number of dwelling units within the Master Plan from 1,120 to 1,124, with the additional four units being added to the Cortina portion of the site. With the approval of the Master Plan back in 2005, Palm Beach County Traffic Engineering required on and off -site improvements to assist with improving traffic movements, which included the construction of the three and five lane portion of Old Boynton Road from the two -lane road it was previously. Mr. Breese reviewed the additional road improvements. The proposed Site Plan Modification also depicted the park site dedication, which would be relocated and thus be more centrally located. The previous site location required the developer to dedicate 2.195 acres at the south end of the site and the City would be responsible for the development and maintenance of the new park site. As part of the revised Master Plan, the applicant increased the acreage to three acres and proposed to develop the park site as a passive park and maintain it at the developer's expense. After staff review, the relocation was supported and a formal agreement was under preparation for the maintenance and the relocation of the site and would be presented to the City Commission for formal approval. Staff recommends approval of the Master Plan Modification subject to the conditions of approval contained in Exhibit D. 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2012 Mike Covelli, 2295 NW Corporate Blvd., Boca Raton, advised the one significant item was the park location. The current park location was situated against a canal and houses. The park would not be used. Taking advantage of the main entryway, the park would now be used as a focal point and it would be incorporated into the lake, which would in essence make the park nine acres if you include the lake. The offer to construct the park and maintain it would make it a very good amenity for the project. In addition, when the site was developed, there was a lot of construction. The site was now filled to grade, the lake was existing, all main roadways and utilities are in, and in terms of development, there would be a lot less construction conflict in the development of this site than previously. The change of use was contemplated, primarily due to the market. An evaluation was done of different projects in the area and it was concluded the project was planned properly. Chair Saberson inquired whether the applicant was in agreement with the conditions of approval and Mr. Covelli advised they were in agreement. There was a discussion on the types of units that would be built and the people the developer hoped to target which included young professionals, younger married couples, and people with fairly good income to fill the proposed 132 one bedroom apartments, 192 two bedroom, and 24 three bedrooms. There would also be 34 townhouse units incorporated from the previous plan that would be three and four bedrooms. There was no price decided on as of yet although looking at comparables in the area, the average price was $1.30 -$1.40 per square foot. Mr. Covelli also reviewed the intent for the landscaping and irrigation plans. Patty Schultz, 1073 NW 11 Street, commented that her neighborhood, Skylake Subdivision, consisted of 190 single family homes that were located directly east of this project. She felt this was such a massive project and she had to come forward with her concerns, as well as share the concerns of many of the residents in her neighborhood. She advised she lived through the construction of the Super Target, Best Buy, and Renaissance Commons for two or three years, seven days a week, 12 hours a day. She felt many bad decisions had been made by the City and this approval was one of them. She expressed her concern that the placement of the apartments, homes and townhomes should be different so as not to obstruct views and create additional noise to her neighborhood. Mr. Brake inquired of Ms. Schultz what suggestions she had for placement of the homes to make it a better development. She advised she would put the single family homes along the canal so it would not obscure the views in her neighborhood and put the apartment buildings along the C -16 canal facing Renaissance Commons or Old Boynton Road. Mr. Brake also inquired why she did not contact the developer regarding her issues as she had the time after getting noticed of the meeting, viewing the plans at the City and making arrangements to come to this meeting. She advised there was not adequate time. Mr. Covelli addressed Ms. Schultz's comments on the ten buildings along the canal. He clarified that only six would be along the canal and four of those were set back away 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2012 from the canal. He continued to explain the concerns of logistics. Ms. Grcevic expressed her understanding of Ms. Schultz's concerns, but also reminded her that the residents that would ultimately live in this upscale development may not want the same things that she wants. She also commented that this project was previously approved and the purpose of this meeting was to approve a modification of the existing plan that was already approved, which was a favorable one that would create a nice improvement. Chair Saberson indicated the developer was not going to redesign the project and she could raise any concerns she had with the City Commission before the matter went before them on July 17th. Motion Ms. Grcevic moved to approve the Master Site Plan Modification as described. Mr. Kravit seconded the motion that unanimously passed. B.1. Cuthill's Backyard (COUS 12 -003) — Approve Conditional Use to allow a bar /nightclub at an existing restaurant on a 0.66 -acre site C -4 (General Commercial) located at 511 Northeast 4th Street. Applicant: Bradley Miller Eric Johnson, Planner, advised the application was to allow a bar /nightclub at 511 Northeast 4 Street. The property had an underlying land use of General Commercial. A bar /restaurant was considered a Conditional Use within the zoning district. The applicant would like to allow for a bar /nightclub. Mr. Johnson explained this was an existing site that had a 1,867 square foot building. It should be noted that on February 28, 2012, the existing restaurant was given a live entertainment permit. This particular request was for Conditional Use only and not in connection with any site plan or site plan modification. There was a minor site plan modification that was approved earlier this year, but this particular request was for Conditional Use. Staff reviewed the request against the standards for evaluating the Conditional Use, which would be ingress and egress, off - street parking, refuse and service areas, utilities, screening and buffering, signage, and required setbacks, and felt the bar /nightclub would be compatible with the surrounding uses and that which was allowed in a C -4 zoning district. Staff felt there was economic benefit to the request and would better the area. Mr. Johnson further explained this request was more for the benefit of having more liquor than food sales for permit purposes. All other permitting issues and uses had already been addressed in the past. Staff recommended approval of this request, subject to the conditions of approval as identified. There was discussion about the noise level and minor complaints received. There had been an increased amount of response to the location by the Police. Mr. Kravit felt the wording of the condition regarding police presence and amount of officers required to be on site was vague and suggested the condition have more detail and even possibly remove the condition. Mr. Johnson advised the condition was meant to be vague because staff did not want to indicate a certain number of police were required to be on site. This way if the need changed, the condition would not set limits. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida June 26, 2012 Bradley Miller, Miller Land Planning, 508 E. Boynton Beach Blvd., advised Cuthill's Backyard was rebranding to The Backyard. He advised that the owner was very concerned about the police issue. He had been in direct contact with the Police Department from the beginning and had brought on a private security person to assist on the weekends and would, if necessary, have an off -duty police officer also. Mr. Miller presented the history of the making of Cuthill's to where it was today and reiterated what the request was for at this meeting. James Hall, 1010 Murano Bay, Boynton Beach, explained to the Board that his bar was a very family oriented outdoor entertainment venue with an eclectic mix of people. He presented more photos of what the establishment looked like now and explained all the improvements that took place. He advised that, by his calculations, since opening in February, approximately 30,000 people had frequented the establishment. A new stage was built, sound barriers put in place and improvements including public art were constantly ongoing. They are continually working with the police department on any issues arising. Motion Ms. Grcevic moved to approve the Conditional Use for The Backyard as described in the recommendation subject to the conditions of approval. Mr. Brake seconded the motion that unanimously passed. 7. Other None. 8. Comments by members None. 9. Adjournment Motion There being no further business to discuss, Mr. Brake moved to adjourn. Ms. Grcevic seconded the motion that unanimously passed. The meeting was adjourned at 7:39 p.m. e a te . .ervu zde _ Ellie Caruso Recording Secretary 5