Loading...
Minutes 10-28-14 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA ON TUESDAY, OCTOBER 28, 2014, AT 6:30 P.M. PRESENT: Roger Saberson, Chair Mike Rumpf, Planning Director James Brake Hanna Matras, Senior Planner Sharon Grcevic Kathy Zeitler, Senior Planner David Katz Ed Breese, Principal Planner Brian Miller Brian Sherman, Assistant City Attorney Stephen Palermo, Alternate Aieshia Macon, Alternate Ryan Wheeler, Vice Chair ABSENT: Ryan Whceler, Vice Chair Gregory Murphy Chair Saberson called the meeting to order at 6:31 p.m. 1. Pledge of Allegiance The members recited the Pledge of Allegiance. 2. Introduction of the Board Chair Saberson introduced the members of the Board. He acknowledged Aieshia Macon and Stephen Palermo, Board Alternates, who would be sitting at the dais. 3. Agenda Approval MOTION made by Mr. Katz to approve the agenda, seconded by Mr. Brake. In a voice vote, the motion passed unanimously. 4. Approval of Minutes from August 26, 2014 meeting • MOTION made by Mr. Katz to approve the minutes, seconded by Mr. Miller. In a voice vote, the motion passed unanimously. 5. Communications and Announcements: Report from Staff Mike Rumpf, Planning and Zoning Director, announced the outcome of items previously reviewed which have moved forward to the City Commission: • High Ridge Landing PUD rezonings and corresponding Master Site Plan Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 st modification were approved on 1 reading and will go to the 11/5/14 meeting for final reading and approval.  The Parking Code amendments (SMART growth of sustainable provisions) were nd approved on 2 reading, and are now in effect. 6. New Business: Attorney Sherman administered an oath to all those intending to testify. Casa Del Mar (LUAR 14-001) A.1. - Approve Casa Del Mar Future Land Use Map amendment (LUAR 14-001) from Low Density Residential (LDR) to Special High Density Residential (SHDR), located at 2632 North Federal Highway. Applicant: Dodi Buckmaster Glas, of Gentile Glass Holloway O’Mahoney & Associates, Inc. Ms. Dody Glas, 1907 Commerce Lane, Suite 101, Jupiter , represented the applicant. She went through the applicant’s presentation for the amendment, rezoning, abandonment, and new Master Plan, highlighting the following:  There is currently an approval for a facility with dry dockage and slips. There had been a previous approval on the property minus the southeast corner of the site for an 82 unit, 4-story, condo/townhouse configuration.  The proposal for consideration is to square off the property adding two additional parcels north of Dimick Road, for a total of 80 fee simple townhomes, along with a private dock and two visitor docks.  The land use allows for the two lots under the same land use category with the companion rezoning application bringing them in under the IPUD.  Lake Drive previously provided access to the two lots, as an extension north of Dimick Road; however, the abandonment application for it will serve as emergency access from the rear of the property back onto Lake Drive.  There is an existing area providing access to the waterfront. There are four- story elements abutting the water. Wall and hedge screening, entry features, amenities, elevations, storm water issues, and architectural materials and color schemes were reviewed. In response to Mr. Katz’s questions, Ms. Glas stated that there would be 16 three-story townhomes on the south side abutting the single family homes. The front of the residential homes will face the rear of the townhomes. With regard to the possibility of making the abutting townhomes two stories, Ms. Glas felt three stories were appropriately sized for the transition to the south. Flood plain elevations, storm water structures/systems, rainwater retention, pedestrian connections, street ingress and egress, and garage utilization were discussed. In response to Mr. Katz’s question about parking requirements, Ms. Zeitler stated there will be 160 owner and 12 guest spaces, which calculates to .15 spaces per unit for the guest spaces. There is one handicap spot required, which is near the pool. Ms. Zeitler 2 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 continued that each single family residence is required to have two parking spaces, which are typically in a garage or driveway, and the garage space counts as a parking space. Ms. Zeitler stated that parking provided in the plan meets Code. It will be stipulated that the garages will only be used for parking – the HOA would enforce the rule. In addition, parking in the street would be enforced by Code Enforcement. It would not be possible to widen the streets, as it would not allow for sufficient flow of traffic. Pedestrians would not walk on a sidewalk by the street; they are directed elsewhere. Green space would be located on the alternative side where the pedestrians would be. Ms. Zeitler said that staff recommends approval with conditions. Mr. Miller expressed concern with lack of parking around the pool and public areas, due to the distance from some of the dwellings. Regarding open space calculations, Ms. Zeitler replied that the boardwalk over the bio- swale is considered open space. The areas between the two waterfront buildings and the water are also considered open space, including the dock, as it is a recreational amenity. Discussion ensued on the inclusion of the pool and cabana in the open space calculation. Ms. Zeitler remarked there was explanatory data on the site plan and in the staff report. Chair Saberson opened the public hearing. Jason Evans , attorney, disclosed he had spoken to Jamie Ann in Planning and Zoning, who informed him he would not be constrained to any time limit for speaking at the meeting. Mr. Sherman stated it would be up to the board to decide how long he has to speak. Evans stated he was speaking for Lakeside Gardens (30 representatives who were present). Chair Saberson allowed Mr. Evans 15 minutes to speak. Mr. Evans stated his objection for the record. Mr. Evans, Leslie Robert Evans & Associates, 214 Brazilian Avenue, Suite #200, Palm Beach, Florida, 33480 , stated he represented the adjacent commercial owner at 2626 North Federal Highway and also resident Tony Mauro, at 2611 Lake Drive North. He acknowledged he was speaking for residents of Lakeside Gardens (a single-family home development to the south). Mr. Evans said he did not think the Boynton Beach Code of Ordinances was being respected by this application. He also felt the staff report overlooked the people who will have to deal with the amendment. Mr. Evans said there are 11 requirements in the Code in Article 2, Section D3. Referring to the staff report of October 20, 2014, Mr. Evans addressed the following requirements: 1. Demonstration of need a. Does not provide data that more single family homes are needed 3 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 2. Availability of public services and infrastructure a. Lower level of land will increase flooding, raised level of land will produce runoff (health and safety issue) b. Difficult access from home to pool c. Massive parking issues d. No data given for drainage, sewage and parking e. That garages not be used for storage is requested, not required 3. Sustainability a. Surge/flooding, no analysis 4. Compatibility a. Unsupported staff recommendation that the project will not affect adjacent properties (parking, values, flooding) b. Aesthetics inconsistent with environment Mr. Evans stated that now is the time to do due diligence; the developer, City and residents should meet. Mr. Katz asked Ms. Glas if there would be any access to the project off Dimick Road. Ms. Glas replied the vehicular access is from Federal Highway, although there is emergency access on North Lake Drive. She added there is pedestrian access via a sidewalk along Dimick Road. There are gates along the fence on the south side. In response to a question by Mr. Katz, Ms. Glas commented that it would be possible to prevent any access from Dimick Road by eliminating the gates on that side. Mr. Evans confirmed there were 16 access points (gates) on Dimick Road. Robert Moore, 318 Boca Ranch Road, West Palm Beach , said he is a Planning, Zoning and Building consultant, and was there to represent Tony Mauro. Mr. Moore spoke in opposition to the project, citing small setback, lack of driveways to individual units, one handicap parking space, no area to walk from one house to the next safely, and no area for service vehicles to park. He summarized there is too much development for the property, and forecast that the amendment would meet opposition in Tallahassee. Robert Gonzalez, attorney, 636 Potter Road , represented himself and his wife. He expressed concern about the project, desiring conversation with the developers and planners regarding how the development would tie in with their community. He also cited a serious issue with drainage and questioned the parking calculation. Margaret Ann Lembo, Matilda Holdings LLC, 2610 North Federal Highway , stated her LLC owns about 2.97 acres between Dimick and Potter Roads. She advised that her property is not available for excess/overflow vehicle parking or for construction vehicles or equipment. Ms. Lembo also commented on a property at 615 Potter Road, which has become a swale area; she did not want that to flood and further decay her land. 4 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 Mike McCleary, 2600 Lake Drive North , pointed out that a car was parked next to the gates on one of the drawings and predicted people would park on the street. He also expressed concern about the drainage, noting that all the storm drains lead to one pipe going out the wall. In addition, he wondered if ladder trucks (fire trucks) could navigate in the development, and said there are too many units. Susie Kay, lots #114 and #115 in Lakeside Garden (aka 640 Potter Road, 33435), recalled the following issues which were addressed in 1978 regarding a condominium (Inlet Harbor Club) built behind her property:  land elevation of four feet above grade  did not allow for proper drainage or surface water  neighboring homes suffer flooding damage, debris in street (distributed photographs) John Trach, 2623 Lake Drive North , expressed concern about the 40-foot setback/right-of-way being too small and felt 50 or 60 feet should be used. June Trach, 2623 Lake Drive North , said she had an independent surveyor measure the width of Dimick Road, which was an average of 15 feet of pavement. (She distributed photos of Dimick Road and flooding.) Ms. Trach stated that Florida Statute 553.5041 requires six handicap parking spots. John Colewell, 628 Dimick Road , did not see the purpose of the gates on Dimick Road since the townhouses do not have an address on Dimick Road – he thought they would be used for service deliveries and loading/unloading. If so, two cars would not be able to pass on the road. He thought the gates should be eliminated. Mike Mrotek, 2624 Lake Drive North , opposed the project, citing too little distance between his home and the proposed buildings. He also cited the narrow width of Dimick Road, property value decline, and increased water running down Dimick Road. Dr. James Devoursney, 2625 Lake Drive North , expressed concern that a four-story building would be right next to his two-story house, overlooking his property. He was also concerned about the effect of another retaining wall to be built about five feet away from his property. Dr. Devoursney wondered what the new development would do to the settlement of his home, built in 2007. Monica Devoursney, 2625 Lake Drive North , was opposed to the project, citing the abandonment of the 3,000-square foot road that their daughter plays on, a four-story building looking at her house, and a decrease in property value. She felt a two-story development would blend in better. Liliana Devoursney, 2625 Lake Drive North , said she is allowed to play only on the dead-end road because people speed on the other roads. In addition, she expressed opposition, saying that the proposed buildings would face her bathroom and bedroom windows. 5 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 Tony Mauro, 2611 Lake Drive North , stated he also has an office at 2626 North Federal Highway. He wondered what the acreage was without the road and southeast corner, believing it to be much less than four acres. Mr. Morrow thought too much was unknown about the project. Chair Saberson pointed out that the Code measures gross density in terms of the overall land area. That density is applied to the unit of land area. Chair Saberson closed the public hearing. Mr. Katz was curious if the amendment would take the property from low to high residential density. Ms. Matras said the majority of the development is already classified special high density, and the land use amendment only applies to two lots. She stated that the majority of issues that have been raised (storm water, parking, and road width) do not pertain to the land use. Ms. Matras continued that if the land use of those two lots were not amended, then they could only be used for single-family homes. Mr. Katz confirmed that if this request is denied, only those two single-family lots would be affected. Ms. Matras added that the density is below 17. It was confirmed that other than the two single-family lots, the rest of the property is already high-density residential, and already approved for 96 units. Mr. Brake was curious what the level of divider was between the low density and high density. Ms. Matras said measures are taken to mitigate the impact by Code regulations. Ms. Glas commented that at the high-density lots, there are Code requirements based on the I.P.U.D. There is also language in the Code requiring that they meet the standards of the R1AA since there is an existing single-family south of the property. A side setback of 10 feet is required, and that is exceeded. Ms. Glas explained the setback using a diagram. Mr. Katz established that the site minus the two single-family vacant lots is 4.4 acres. If that acreage was developed under the Special High Density, it could allow 20 dwelling units per acre, which would be 90 maximum. Mr. Katz wondered what the developable size of the land would be minus the road, park area, sidewalks, swales, etc. Ms. Matras reiterated that the previous approved development had 82 units, but she would have to calculate the specific answer to Mr. Katz’s question. Mr. Katz thought they were putting too many units onto the land. Mr. Brake requested an explanation of the flood mitigation system and if the swale area Howard Jablon, A.J. Hydro Engineering, along Dimick Road is part of the system. 5932 Northwest 73 Court, Parkland , replied there are two parts to the system. The first is a small motor system onsite, and the City Engineer has been provided the final detailed storm water calculations along with the final detailed grading plans, drainage plans, etc., that indicate exactly how the storm water system will function. Mr. Jablon stated that they are required to retain all of the water onsite and discharge it somehow onsite within a reasonable time. No water that falls on the site will be discharging offsite; the perimeter walls help retain the water onsite. Secondly, there is a series of storm water structures throughout the site to collect the water, exfiltration systems, and 6 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 a bio-swale. All of the water quality treatment that is required by the State is contained onsite. Mr. Jablon continued that everything from the perimeter of the site is graded into the property. When the water builds up, injection wells will take up the water. There is also a storm structure beyond the 25-year storm requirement, which will, if it overflows, send the water out to the Intracoastal prior to breaching the perimeter walls. Mr. Jablon emphasized there is no way for the site to impact the offsite area. Mr. Brake asked Mr. Jablon to explain the swale area long Dimick Road. Mr. Jablon stated that the current proposal would place a five-foot wide sidewalk on the north side of Dimick Road a minimum of six feet from the edge of the pavement. That six-foot area would be a grassy swale. It begins at US 1 heading east and will be graded down to the intersection at Dimick Road and Northwest Lake Drive, which is the low level. He pointed out that the subject site, for the most part, is graded higher and then flattens out at Dimick Road and Northwest Lake Drive. Since water will pond in that area, Mr. Jablon said they plan to install storm structures there to capture the water and bring it back into the site to drain into the site. Water will flow in, but not out, through a series of valves. Ms. Grcevic was curious if the success of the development was based solely on the two lots, and Ms. Glas replied the two lots were an integral part of the way the project is designed and the client owns the lots. MOTION made by Mr. Katz, seconded by Mr. Brake, to deny approval of LUAR 14-001, Casa Del Mar Future Land Use Map amendment (LUAR 14-001) from Low Density Residential (LDR) to Special High Density Residential (SHDR), located at 2632 North Federal Highway, applicant: Dodi Buckmaster Glas, of Gentile Glass Holloway O’Mahoney & Associates, Inc. In a vote by roll call, the motion passed (5-2) as follows: Ms. Macon, yes; Mr. Palermo, yes; Mr. Miller, yes; Mr. Katz, yes; Ms. Grcevic, yes; Mr. Brake, no; Chair Saberson, no. Casa Del Mar (REZN 14-005) A.2. - Approve Casa Del Mar rezoning (REZN 14-005) from an IPUD (Infill Planned Unit Development) with the Master Plan for a marina use, and from R-1AA (Single-Family Residential District) to an IPUD with a Master Plan for 80 fee-simple townhouse units, located at 2632 North Federal Highway. Applicant: Dodi Buckmaster Glas, of Gentile Glass Holloway O’Mahoney & Associates, Inc. Ms. Glas stated that they will have discussions with the neighborhood and provide education to clear up misinformation regarding the project. Chair Saberson opened the public hearing. Robert Moore, 318 Boca Ranch Road, West Palm Beach , stated the only way the garage issue (not be used for storage) can be enforced is by warrant if the resident does not want the officer to look in the garage. He also stated there should be 7 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 additional guest and/or service parking in the “planned unit development,” and staff, neighbors and developers should work on the plan so that it works for the neighborhood. Mr. Katz hoped that staff would be included in the developer’s discussions with the neighborhood. Jason Evans requested that his objections to Item A.1 be adopted to Items A.2, A.3, and A.4. Mike McCleary, 2600 Lake Drive North, stated there used to be homes there on the two lots and it should be left that way. He also noted a marina had been approved for the area in 2006. He wanted to keep Lakeside Gardens as is. Susie Kay,640 Potter Road, presented a letter dated July 14, 1978. She also pointed out that all the water on her property and other nearby lots comes from a condominium project behind them which could not contain their water. When the Intracoastal rises, there will be no place for water to go. She also said they were told a marina, not townhomes, had been approved in the past. Ms. Glas clarified that the entire site is being rezoned because it is a full master plan. Dr. James Devoursney, 2625 Lake Drive North, reiterated that the proposed buildings to the east of his property will look right into his children’s rooms. The easement abuts his property and will be “inviting” to outsiders. Chair Saberson closed the public hearing. MOTION made by Mr. Katz, seconded by Mr. Miller, to deny approval of Casa Del Mar rezoning (REZN 14-005) as stated in the agenda. In a vote by roll call, the motion passed (5-2) as follows: Ms. Macon, no; Mr. Palermo, yes; Mr. Miller, yes; Mr. Katz, yes; Ms. Grcevic, yes; Mr. Brake, no; Chair Saberson, yes. Casa Del Mar (ABAN 14-001) A.3. - Approve request for abandonment of a portion of Lake Drive, immediately north of Dimick Road. Applicant: Dodi Buckmaster Glas, of Gentile Glass Holloway O’Mahoney & Associates, Inc. The applicant had no comments, noting comments had been said and done. Chair Saberson opened the public hearing. Mike McCleary, 2600 Lake Drive North , commented that the part of the road under discussion is not abandoned, but is a dead-end going to the property, and it is not part of the developer’s property. Chair Saberson closed the public hearing. 8 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 MOTION made by Mr. Katz, seconded by Mr. Miller, to deny approval of Casa Del Mar, (ABAN 14-0001), as stated on the agenda. In a vote by roll call, the motion passed (6- 1) as follows: Ms. Macon, yes; Mr. Palermo, yes; Mr. Miller, yes; Mr. Katz, yes; Ms. Grcevic, yes; Mr. Brake, yes; Chair Saberson, no. Casa Del Mar (NWSP 14-003) A.4. - Approve request for a new Master Plan/Site Plan (NWSP 14-003) for 80 fee-simple townhouse units, waterfront amenity area, and related site improvements located at 2632 North Federal Highway. Applicant: Dodi Buckmaster Glas, of Gentile Glass Holloway O’Mahoney & Associates, Inc. The applicant had no comments, but would answer questions. Ms. Zeitler stated that staff recommended approval of this item with conditions. Chair Saberson opened the public hearing. John Trach, 2623 Lake Drive North, said he was a registered land surveyor in the State of Florida. He asserted that the three to four-inch water line running down to the fire hydrant on Dimick Road was inadequate for fire safety and suggested it be connected to the fire hydrant at six or eight inches. Regarding sewer, he thought the new site should have its own lift station. Chair Saberson closed the public hearing. Mr. Palermo asked Mr. Trach if he referenced storm sewers or pump sewers, and Mr. Trach replied he meant sanitary sewers. In regards to a question by Mr. Palermo, Mr. Trach remarked there were two catch basins on Northwest Lake Drive. He clarified he was discussing the sanitary sewer structure, noting that the sewer matter would bubble up out of the manholes. Howard Jablon, A.J. Hydro Engineering, 5932 Northwest 73 Court, Parkland, reported they had had lengthy discussions with the Utility Department and have received a letter of sufficient capacity for the wastewater system from the Utility Director. Regarding the water system, they will be connected to an existing stub located on the north side of the property. They plan to run an eight-inch water main on the north side of Dimick Road from Northwest Lake Drive back to U.S. 1; that will significantly improve pressure in that area. Ms. Macon was curious if there was any other property on Federal Highway comparable in number of units and size of land to the proposed project. Ms. Glas responded there is such a development adjacent to the north. Ms. Macon asked if that development is currently experiencing (or had in the past experienced) drainage issues. Mr. Rumpf responded that it is a relatively new project, and they have not heard any complaints relative to parking or drainage. MOTION made by Mr. Katz, seconded by Mr. Miller, to deny approval of Casa Del Mar, 9 Planning and Development Board Meeting Minutes Boynton Beach, Florida October 28, 2014 new Master Plan/Site Plan (NWSP 14-003) as stated on the agenda. Mr. Katz opined that the site would be developed one way or another and suggested the affected parties work together to iron out their differences. Mr. Miller also commented he would like to see the property developed, but felt there should be more communication between the residents and the developer. He recommended that the developer create more green space and more parking, and create something that will benefit not only the new residents, but the ones already residing in the surrounding neighborhoods. In a vote by roll call, the motion passed (5-2) as follows: Ms. Macon, no; Mr. Palermo, no; Mr. Miller, yes; Mr. Katz, yes; Ms. Grcevic, yes; Mr. Brake, yes; Chair Saberson, yes. 7. Other 8. Comments by members 9. Adjournment Upon motion duly made and seconded, the meeting was adjourned at 8:57 p.m. [Minutes prepared by J. Rubin, Prototype, Inc.] 10