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Minutes 10-10-01MEETING MINUTES OF THE SPECIAL MEETING OF THE PLANNING AND DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON WEDNESDAY, OCTOBER 10, 2001 AT 7:00 P.M. Present Lee Wische. Chairman Steve Myott, Vice Chair Robert Ensler Mike Fitzpatrick Woodrow Hay Edward Currier, Alternate Mike Friedland, Alternate Absent William Cwynar Maurice Rosenstock I. Pledge of Allegiance David Tolces, Assistant City Attorney Mike Rumpf, Planning and Zoning Director Lusia Galav, Principal Planner Nancy Byrne, Assistant Development Director John Wildner, Parks Director Eric Johnson, Planner Lorinda Logan, Engineering Chairman Wische called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the Flag. 1. Introduction of the Board Chairman Wische introduced the Board members, Assistant City Attorney -17olces and the Recording Secretary. Ms. Galav introduced staff. 2. Agenda Approval Motion Mr. Hay moved for approval. Motion seconded by Mr. Hay and unanimously carried. 3. Approval of Minutes - September 24, 2001 Motion Mr. Hay moved for approval. carried. 4. Motion seconded by Mr. Ensler and unanimously Communications and Announcements None Special Meeting Minutes Planning and Development Board Boynton Beach, FL October 10, 2001 5. New Business A. Master Plan Modification 1. Project Name: Agent: Owner: Location: Description: Quantum Park DRI NOPC/Master' Plan Amendment #12 Eugene Gerlica, P.E. MFT Development, Inc. Quantum Park, P.I.D. Request to amend the Quantum Park DRl/Master Plan to change the permitted use on lots 7-11 from "Office Industrial" (OI) to "Mixed Use" (MU) and lots 23-31 from "Office" (O) to "Mxed Use" (MU); to increase maximum residential units from 500 units to 1,000 units; to partially close Quantum IJakes ?,'rive and c,r,,e, ate two (2) new traots of xed Use (MU); and to change the permitted use on tract 34-C from '~Detention" to "Industrial" (IND). Chairman Wische reported that a conference was held between the Cityi and Quantum Park and there were changes made ~ the Cond tons of Approval. Ms Galav pointed out that Amendment #10 allowe~l Quantum to build 500 dwelling units in the MU designated tracts. Quantum Park is requesting to buildl 500 additional units for a total of 1000 units. Ms. Galav distributed a letter dated October 8, 2001 from the Treasure Coast Regional Planning Council containing their findings of the project. Agreed upon changes to the Conditions of Approval are: Condition #3 wiJ be revised to read as follows: "The City Commission did exempt from the Recreation Dedication Requirement of 272 units of the first 500 units approved in NOPC ~10. Applicability for amount of recreation fees or dedication will be considigred at subsequent site plan stage." ~ Comment #5 will be removed in its entirety. Comment #8 will be removed in its entirety. As of today, the applicant has revised their traffic study and submitted it to the County. A letter of approval has been received from the County and the school trips are now included in Special Meeting Minutes Planning and Development Board Boynton Beach, FL October '10, 200'1 the vested trip counts. The letter from the County and the traffic study will be included as part of the record when the item goes to first reading. Comment 34C is a new comment and was distributed. Staff and the applicant have agreed to the comment. Comment #34C will replace Comment #4J Ms. Galav noted that one change has been made to the new com,m,,ent. I~ the fifth line of the first paragraph item a) has been changed to state 'the City and applicant evaluate..." Originally staff did not recommend approval of cha!~ging the Ioi to Industrial. Comment ff, L34C takes the 6.5 acre lot out of the iopen space category, removes it from Industrial and places it in a "rese~rved" category until the best use for that lot can be jointly determined. A gentleman in the audience requested that Ms. Galav read the entire Cordment #34C for the benefit of the audience, which she read for the record. Mr. Fitzpatrick inquired when the lot was designatec~ Industrial Ms. Galav s~[ated the lot was never designated Industrial. The lot has always been undesignated, but was included in the open space total. In several amendments the lot had been designated for detention. Mr. Fitzpatrick asked for clarification on the revision for Comment #3. Ms. Ga av noted that any further recreation and impact fees would be addressed at theltime of site plan approval Mr. Fitzpatrick asked for the definition of "reserved'I and Ms. Galav responded that it has none. In effect a new category is being created. Chairman Wische opened up the public hearing and requested that AssiStant City Attorney Tolces administer the oath to all persons who would be testifyiqg. Ms. Stella Rossi, 625 Whispering Pines Road, Boynton Beach pointed out that the 1988 ecological plan specified that 12 acres of micrositing was p~rt of the original DO. Out of 553.13 acres the DRI recommended 40 acres for preserve rn one piece. This did not happen. There are now two smal preserves instead. Ms. Rossi stated that the former developer asked for relief from th~ 12 acres of micrositing and the City yielded. The original DRI has not I~een followed. Ms. Rossi objected to any building being placed on the property next to the preserve and pointed out that Lot 34C abuts the preserve. She wants to ensure that the preserves are protected. Mr. Enrico Rossi, 625 Whispering Pines Road, Boynton Beach has lived in the City for 39 years and was involved in the original design of Quantum Park. Mr. Rossi said the zoning taking place today is ludicrous. Mr. Rossi felt thelC ty was leaving the door open for legal act on by not remaining with the original ~ an Mr. Rossi requested that the Board deny the project and said it is not suitable for mixed use. Special Meeting Minutes Planning and Development Board Boynton Beach, FL October 10, 2001 Mr. Gary Lehnertz, 619 SW 2nd Avenue, Boynton Beach stated that over the last 20 years significant changes have occurred at Quantum Park to the detriment of the City and the environment. He pointed out that every site was supposed to have a small nature preserve i~ order to maintain little pieces of natural area throughout the Park. This has not been done. The last development cleared their property right up to the edge of the fence of the nature preserve. Mr. Jeff Omans, 1085 Fairfax circle West, Boynton Beach said that he has been in Boynton Beach over 15 years and has seen pieces of land disappearing. Chairman Wische closed the public hearing. Mr. David Norris, Attorney for the applicant, assumed the podium. Chai~rman Wische pointed out that there are five remaining comments and asked Mr. Morris if he agreed with the change to Comment fl3. Mr. Norris stated that they agreed with all staff comments. He pointed out that Lot 34C was not designated as Dpen space or detention and the applicant requested to have the lot appropriately designated. Staff had concerns that there would be a loss of indL~strial designation. The applicant agreed to put the industrial designation on the lot, but h~s now agreed to designate the lot as reserve. Mr. Norris stated that there was a meeting among the various entities, Tr~e~sure Coast Planning Council and the environmental agencies on September 18 and they approved the clearing project that had take~ place. They also commehded Quantum on the good job it was doing with the environment since the~new owners took over in 1998. Mr. Norris brought up all the tax dollars that have come into the City as a result of the growth in Quantum Park. Vice Chair Myott pointed out that the planned use for the park ~s now being changed to include residential. He questioned how the Parks and Recreation Department would be able to absorb all this new development withou/~ the developer contributing any impact fees. Mr. Norris said [hey would be preprared to discuss this further during the site plan process. Mr. Fitzpatrick stated he was also present at the September 18~ meetinai and confirmed that the environmental agencies stated Quantum was doin a o~1 'ob g g J n certain areas. However, they were not happy about the edge effect and the development of certain lots right up to the fence line of the south Sand Pine preserves. Also, the clearing of over a dozen lots a long time ago was illiegal because the lots were cleared far in advance of development. Mr. Eugene Gerlica, 2500 Quantum Lakes Drive, Boynton Beach took the podium and stated he has been dealing with Quantum Park since 1988. Mr. Gedica noted that most of the complaints about the Park occurred between 1984 and 1987. He stated that before the new owners took over ~ 1998, they required that all the environmental regulations had been met. Mr. Gedica poihted 4 Special Meeting Minutes Planning and Development Board Boynton Beach, FL October 10, 2001 out that the 40 acres of Sand Pine preserve has been preserved. The nor[hern area has 25.7 acres and the southern area has 14.3 acres. This was platted and approved by the City. Mr. Ensler inquired if the applicant planned to put in streets where Quantum Lakes Drive has been closed since there is such a great distance between Eot 59 all the way up to Lot 102. Mr. Gedica responded that they plan to place streets in this area. There will be one entrance into the Village of Quantum Lakes that will provide all residents access to the future traffic light at Quantum and Gateway. Mr. Fitzpatrick inquired how the Board would be voting and whether it would vote on the items individually or all the items would be in one motion. Ms. Galav responded that staff divided their recommendations into three basic areas and the applicant is making three requests. The first request relates to the 23.27 acres of mixed use (lots 7-11 and 23-3r~ ). Staff is not recommending apl~roval and if it is approved, there is a condition. The second request involves lot 34C. Staff is agreeing with the applicant to modify its recommendation to approve the 6.5 acres going into a reserve category. The third recommendation relates to the Quantum Lakes Drive reconfigu~ation and staff recommends approval of this item. Mr. Fitzpatrick noted that the addition of another 500 units would require more City services, such as water, police, fire, and library. He stated that the ~axes generated from the apartments would not cover the costs of [hese addi~,ional expenses. Motion Mr. Friedland moved to approve the request to amend the Quantum ~Par,,k, DRI/Master Plan to change the permitted use on lots 7-11 from "Office Indus~trial' (OI) to "Mixed Use" (MU) and lots 23-31 from Office" (O) to Mixed Use" IMU) and to include the additionaJ 500 units. Motion seconded by Mr. Currier. Motion carried 5-2 (Vice Chair Myott and Mr. Fitzpatrick dissenting). Motion Mr. Currier moved to approve the change in the permitted use of tract 34-6 as presented in the amended comments from detention to reserve. M4)tion seconded by Mr. Hay and carried 7-0. 5 Special Meeting Minutes Planning and Development Board Boynton Beach, FL October 10, 2001 Motion Mr. Ensler moved that the reconfiguration be approved, subject to the revision of the conditions of staff. Motion seconded by Vice Chair Myott and carried 7-0. Attorney Norris requested that the Board vote to approve that this is not a substantial deviation from the original development order. Assistant City Attorney Tolces stated that this is ultimately the decision of the City Commission, but that this Board could make a recommendation. Motion Mr. Currier moved that this is not a substantial deviation from the oFiginal development order. Motion seconded by Mr. Friedland and carried 6-1 (Mr. Fitzpatrick dissenting). New Site Plan project Name: Agent: Owner: Location: Description: Gateway Crossing (Quantum Pai'k) Nell Gaeta Boynton Industrial Realty Corporation Lots 81 and 82, Quantum Corporate F~ark Request for site plan approval toi build an 87,375 square foot strip retail Center on 9.3 acres. Vice Chair Myott recused himself from this item. The firm where he w(~rks is involved in this project. He completed Form 8B and furnished it to the Recording Secretary for inclusion in the file. Chairman Wische noted that Mr. Hays left the meeting. Mr. Nell Gaeta, Gaeta Development, representing the contractor, assumed the podium. Chairman Wische pointed out that there were 47 staff comments and asked the applicant to address those comments that they did not agree with or on which they would like clarification. Mr. Johnson pointed out that there is an additional staff comment, which would make 48 comments. Chairman Wische requested that Mr. Johnson recite the new comment. Comment ~-48: "The project must be approved by the Quantum~ Park Architectural Review Committee." Mr. Gaeta wished to address Comment #24, which deals with unity of title of the lots at the time of permit rewew. Mr. Gaeta requested that the unity of ti,tie be 6 Special Meeting Minutes Planning and Development Board Boynton Beach, FL October 10, 2001 furnished before a certificate of occupancy or substantial completion ef the project, rather than before the building permit ~s issued. If the building permit is not issued, he did not feel [here was any point to obtaining unity of title. Staff agreed to this. Chairman Wische opened up the public hearing. Mr. Tom McGuillicuddy, 1902D Palmland Drive, Boynton Beach state(~ he is a member of the Quantum Park Property Owner's Association and remind,~d the applicant that they need to secure a permit from the Architectural Review Committee before they go before the Commission. He also reminded the applicant that they needed to appear before the Quantum Community Development District before they apply for a building permit. The app~licant acknowledged these requests. Mr. Fitzpatrick questioned why the use approval wasn't being addressed b~fore the site plan approval. Mr. ,R, umpf stated that the order of the items ~,asn't significant. If the Board didn t approve the use approval, the applicant v~ould have to change their development plan or amend their application. Mr. Ensler asked about the entrances to the project. The applicant stated that all entrances were from High Ridge Road only. Chairman Wische asked to view the elevation plan, which Ms. Galav provide~d. Mr. Ensler inquired about the type of signage that would be used. The applicant stated that there would be a monument sign at the entrance only and signs attached to the structures in accordance with ' ~ the Code. Chairman W~sche requested that the applicant furnish the signage at the proper time. Mr. Johnson pointed out that the applicant is seeking approval tonight and does not intend to come back before the Board. Mr. Ensler requested that the s~gnage be reaay when the item goes before the City Commission. The applicant agreed to thi[s. Mr. Bob Sullivan, 208 South Hampton Drive, Jupiter, Florida stated thatlthey would have to go before the Quantum Architectural Review Committee thalJ has their own signage packages, which all developers must adhere to. Mr. Ensler felt that the applicant should have gone before the Quantum Architectural Review Committee before coming before this E~oard for approval. Mr. Rumpf responded that this is usually mentioned to the applicant at the time of the TRC. However, it is not included in the code and is a separate process,i Mr. Rumpf was not certain if the City could delay the applicant from going thrQugh the City process before it goes before the Quantum review. 7 Special Meeting Minutes Planning and Development Board Boynton Beach, FL October 10, 2001 Mr. Myott stated that plans have been submitted to Quantum for their prelir~inary review and they will be making a formal application shortly. The plan displayed on the overhead screen showed the location of the monument sign Mr. Fitzpatrick inquired how many trips per day were anticipated. The applicant stated that 4,700 trips per day are anticipated for the entire site, including the restaurants. Mr. Johnson read a letter from the Senior Traffic Engineer of Palm Beach County to Mr. Rumpf stating that the County's traffic division determined that the proposed development falls within the previously approved DRI and meets the traffic performance standards of Palm Beach County. Motion Mr. Friedland moved to approve the request for site plan approval to bulld an 87,375 square foot strip retail center on 9.3 acres subject to all staff comments, as rev sed. Motion seconded by Mr. Currier. Motion carried 5-0 (Vice ChairMyott abstaining). B. Use Approval Project Name: Agent: Owner: Location: Description: Crossing (Quantum Par,~) Gateway Nell Gaeta Boynton Industrial Realty Corporati~)n Quantum Park PID Request to amend the list of pern~itted uses within the Quantum Park PIID to allow retail shops, a fast food restabrant with drive-thru and a sit-down restatJrant on Lots 81 and 82. Vice Chair Myott recused himself from this item since it is part of the s(ame project. Chairman Wische noted that there were two staff comments. The applicant stated that they did not receive the comments. Mr. Rumpf read the[two comments as follows: I Comment #1: Retail uses will be limited to those lots with the "commE use" optiOn. Comment #2: Restaurants and related drive-through features sh~ limited to LOtS #81 and #82~ The applicant agreed to both staff cOmments. Chairman Wische announced the pubtic hearing. Since no one wished to si: the public hearing was closed. 8 rcial be ;ak, Special Meeting Minutes Planning and Development Board Boynton Beach, FL October 10, 2001 Mr. Fitzpatrick questioned if this project would take away any economic activity that the City is trying to develop in the downtown ares. Mr. Rumpf stated that there is a possibility that there might be some in; pact, but he cannot determine this at this time. Motion Mr. Ensler moved to approve the request to amend the list of permitted uses withi~ the Quantum Park PID to allow retail shops, a fast food restauran~ with drive-thru, and a sit-down restaurant on Lots 81 and 82, with the conditiohs of approval attached. Motion seconded by Mr. Currier and carried 5-0 (Vice Chair Myott abstaining). Mr. Gaeta thanked staff for their assistance and efforts in getting these items move forward. 6. Other None 7. Comments by members None 8. Adjournment Motion Mr. Ensler moved to adjourn, which was seconded by Vice Chair Myott. The meeting properly adjourned at 8:30 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (two tapes) (O~ober 11, 2001) 9