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Minutes 12-14-99MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 14, 1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dubb, Vice Chair Pat Frazier Mike Fdedland Woodrow Hay Steve Myott Larry Finkelstein, Voting Alternate Michael Rumpf, Director of Plann ng& Zoning Mike Cirullo, Assistant City Attorn ~ey Hanna Matras, Economic Resear&h Analyst Nancy Byme, Acting Director of Development Lusia Galav, Senior Planner ABSENT Maurice Rosenstock 1. Pledqe Of Allegiance Chairman Wische called the meeting to order at 7:05 p.m. and led the Plel Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board Members, Assistant City Attorne~ Cirul!o, Mike Rumpf, Director of Planning and Zoning, Hanna Matras, Ecl Research Analyst, Nancy Byrne, Acting Director of Development, Lusia Senior Planner and the Recording Secretary. Chairman Wische also intr{ Mayor and Mrs. Jerry Broening and Jamie Titcomb, former City Commis who were in the audience. Chairman Wische called attention to the large audience that was present ~ge of ~nom c .~alav, duced ;ioner, onight and noted that most were here to speak on the Villa Del Sol Project. Chairman Wische requested that each community that was present tonight should select one spokesman, if this is not agreeable, a sign in sheet will be ProvidedI for all those who wish to speak and those speaking will be limited to three n~inUtes each. 3. Agenda Approval Chairman Wische called for a motion to approve the agenda. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, :1999 Motion Vice Chairman Dub6 moved to approve the agenda. Mr. Hay seconded motion, which unanimously carried. 4. Approval of Minutes Chairman Wische called for a motion to approve the minutes of the Noven 1999 meeting. Motion Vice Chair Dubb moved that the minutes of the November 23, 1999 me~ approved as submitted. Motion seconded by Mr. Hay, which carried unanir Chairman Wische instructed Assistant City Attorney Cirullo to administer t to all persons who would be testifying before the Board. Attorney Ciru suggested that due to the large amount of people present, if anyone come podium to speak who was not sworn n to so state in order that they c, sworn in. 5. Communications and Announcements A. Planninq and Zoninq Report 1. Final disposition of the November 23, 1999 Planning Development Board meeting agenda items. Mr. Rumpf reported on the following City Commission action that was tal~ the December 7, 1999 meeting on items reviewed by the Board. (a) (b) the her 23, !ing be ously. e oath o also to the ~uld be and .~n at The Lowe's items were all approved, except fo as follows: · Variance for the number of signs was approv, · Variance for the number of driveways approved. · Variance for sign height was withdrawn. Th~ that the applicant will be coming back wit meet the height limitation of 20'. · The height exception for the building was approved. The peak entranceway exceede~l the maximum height. The two setback variances for Carsrud ~were postponed at the request of the applicant. one, d. was sign will 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, fl999 (c) (d) (e) (f) The Boynton Commerce Center master plan, which is also connected to the Lowe's project, was approved. The High Ridge Properties site plan was approved. ;ation The Lowe's Home Center conditional use appl was approved. The Foster Oil project was approved Mr. Rumpf concluded his report. Vice Chair Dub~ requested Mr. Rumpf supply him with a new LDR Book. 6. OLD BUSINESS None 7. NEW BUSINESS Conditional Use The Learning Depot Pre-Sc Scott and Kathy Freeland SW 3rd Street at Woolbright Request conditional use ap to construct a 4,623 square daycare center on 0.52 acr( 1. Project Name: Agent/Owner Location: Description: (Postponement required to December 28, 1999 Planning and Development Meeting to correct scf'ivener error in legal advertisement.) Motion iool :~oad roval :oot ~oard I Vice Chair Dub6 moved that the Learning Depot Pre-School be postpone~t until merit. the December 28, 1999 meeting to correct an error in the legal advertis( Motion seconded by Mr. Friedland, which carried unanimously. Zoning Code Variance 2. Project Name: Agent: Owner: Location: Description: Eckerd Drugstore Bonnie Miskel Boynton/Federal Development Northwest corner Federal Highway/ and Boynton Beach Boulevard Request for relief from I Land Development Regulations, Chapter 21, Signs, Article IV, Section 6 perm~ itting one freestanding sign to allow a t~tal of two (one at each entry) MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, ~1999 Chairman Wische requested that the applicant take the podium. Attorney Bonnie Miskel, 222 Lakeview Avenue, West Palm Beach, F orida stated she was present tonight on behalf of the petitioner. Chairman Wische asked if staff had any comments and thera were none. ~ Chairman Wische asked if any Board member had any comments? Mr. Finkelstein said he looked at the L, cerne and Dixie Highway, Lake Worth store that has two s gns at each entry. However, those s gns are significantly s~..aller than what the ~ppli,cant, is requesting tonight. Mr. Finkelstein noted the,ap ,~!icant was requesting a 6 x 9 sign and the Lake Worth store signs are only 5 x ~. Mr. Finkelstein was of the opinion that the large signs being requested might be out of character for the location. Mr. Finkelstein asked if the applicant woa~ld be amenable to reducing the size of the signs. Attorney Miskel said they did not represent the developers on the Lake [Worth project, but she did attend the Lake Worth meeting when the projecI was approved and the signage was limited by their code. Therefore, they t'iad to corn ply with the Lake Worth code. Ms. Miskel pointed out that although they are asking for two signs, the size of the signs is under the maximum allo~able height, which is 80 square feet The s ze of the applicant's sign is 66 square~feet Ms. Miskel said she would discuss this with her client if [he sign co~ld be minimized to a certain degree, but this is the signage that Eckerd has currently approved. Mr. Finkelstein said that the Eckerd Delray Beach site had no signs whatseever, except for what is on the building. Ms. Miskel informed the Board that at the City Commission meeting whtn the project was apprdved, the City Commission agreed that if this was not appCloved, the applicant would be permitted to have the signage on the gazebo. Hov~ever, the applicant would prefer to go with the two signs as opposed to the gazebo. Ms. Miskel said that this signage has been approved and if the Board requlires a change in the size of the form itself, it would require a copy change anti Ms. Miskel was not sure that Eckerd would approve this. / Mr. Finkelstein requested that Ms. Miskel respond to his comment regardi~ Delray Beach site and she said when Eckerd looks at each site, there number of factors they consider. Some sites are probably a higher interes than other sites based on demographics, location and other factors. Ms. I said it is difficult to compare sites and it depends upon how motivated Ec~ to take a particular site. g the ]re a level liskel .~rd is MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, ~1999 Chairman Wische asked Ms. Miskel if there ~s an average size for the Eckerd signs? Mr. Mark Wallace, 2665 South Bay Shore Drive, Miami, Florida took the podium and said he was with the developer of the project. Mr. Wallaoe said the typical signage for Eckerd is larger than what is being proposed fer this project and is pole mounted and is typically 25' to the top of the sign. In addition the sign would have a reader board for messages. The total signage would be in excess of 48 square feet. Mr. Myott said that the signs fall well within the definition of a monumen~ s~gn. Mr. Finkelstein asked why the street address was on one side only and sa;id the signs would be facing the side streets. Attorney Miskel did not know wl~y the signs were done in this manner and thought it should be on both sidesscof the sign. Mr. Myott asked if there was any landscape proposed for the bottom of th( and Ms. Miskel stated that the applicant is required by code to have lands( Mr. Rumpf stated that staff has achieved considerable landscaping, patti at the entranceways and even though the sign is 6' in height, only abo would be visible, because of the landscaping. Mr. Friedland felt that because the location is on a corner, two signs would unusual. signs aping. :ulady ~t 4¼' lot be Chairman Wische announced the public hearing. There was no one who wished to speak on the application and Chairman Wische closed the public hearing. Motion Mr. Friedland moved to approve the request for relief from Land Devel¢ Regulations, Chapter 21, Signs, Article IV, Section 6 permitting one freest sign to allow a total of two 6' x 9! signs (one at each entry) for Eckerd DrL at the northwest corner of Federal Highway and Boynton Beach Bou subject to all staff comments. Motion seconded by Vice Chair DubS. carried 7-0. )ment nding ]store ;vard, 4otion Attorney Cirullo pointed out that the City Commission Would make th final decision at the CitY Commission meeting. Chairman Wische stated th this Board only makes recommendations and the City CommiSsion makes th~ final decision. / Abandonment 3. Project Name: Agent: Kenmont Diana Hileman, Esquire MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, '~999 Owner: Location: Description: Mr. Oris W. Walker 707 NW 3rd Street Request for abandonment ef that alley segment that abuts 7d7 NW 3rd Street. Chairman Wische noted that [here was only one staff comment and staff is requesting denial. Attorney Diana Hileman, 1200 South Federal Highway, Suite 1-201 Bc~ynton Beach, Florida took the podium and stated she was present on behalf of Mf. Ods Walker. Attorney Hileman said that she just received the comments this m~)rning and noted that the Utilities Department is requesting denial of the abandonment. Also, Florida Power and Light has an easement, but would be satisfied if the owner granted them an easement back over the abandoned property. They would have no problem with that. Ms. ~Hileman said that they would sugge, st the same thing for the Utilities Department. She stated that Mr. Walker has nolplans to place a fence on the property or landscape it, and they would be amen~tb e to having some type of language in the document to that effect. Mr. Rumpf said he could only convey the concerns of the Utilities Depa~ment. Even though the abandonment of the alleyway allows for better maint~nahce of the alley, the City doesnt have the ability and money to maintain ~11 the alleywaYs. Als°, it is difficult to monitor the alleyways until a utility truck needs to get into the ar,ea, only to discover there is no access. Even though the L~tilities ~epartmen( ha's acc(~pted hold harmless documents, it is more of a maintenance 'problem; and defeats the purpose of abandonment if the property cannot be accessed. Vice Chair Dub6 asked why the applicant wanted the alley abandoned. Attomey Hileman stated that the applicant wants to expand his yardi although he do~es not plan to iar)dscape it or fence it in. However, there have been vehicles pllarked right up Onto the back of his property. Attorney Hileman said if the applicant had ownershiprights, he could take more direct action to stop this. Vice chair Dub6 noted that when the 20' alley is abandoned, Mr, Walker only get ;10'. The other owner gets the other 10'. Vice Chair Dub6 said the doesn,t know what the other owner wants to do and there is a gravity sew Which cannot be covered up. Also, Vice Chair Dub6 noted that Comcast was requesting a 10' easement through the alley with their line in the ce~ the 10' easement. Attorney Hileman said they would grant an easement Gomcast Cable to enter upon the property. Mr. Hay aSked what the harm would be ~f landscaping were extended in o~ discourage vehiCleS from parking in the alley? Mr. Rumpf said that the U 6 vould ~oard ~r line .~able ter of lek to ~er to :ilities MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Department does not know the exact depth of the main and therefore nee~ls the entire 20'. Mr. Finkelstein felt the City was getting a great deal of abandonments, especially east of 1-95 and the Visions 20/20 Plan said the City should maintain the ¢lleys. He would not like to see a great deal of abandonments. I There was no one who v~ished Cha rman Wische announced the public hearing, closed the public hearin~. to speak on the application and Chairman Wische Motion Vice Chairman Dub6 moved that the request for abandonment of tha segment that abuts 707 NW 3rd Street be denied. Motion seconded Finkelstein. Denial carried 6-1 (Mr. Hay dissenting). Land Use Plan AmendmenfJRezoning 4. Project Name: Agent: Owner: Location: Villa Del Sol Bradley D. Miller, AICP, Land Planning Consultants Grove Partners Limited Request to amend the Land Use Plan from Local Commercial to Special Density Residential (20 d units/acre) and rezone fro Community Commercial High Density Residential Chairman Wische asked how many different community groups were audience tonight? The following communities were represented: Colonia Tradewinds, Sterling Village and Los Mangos. Chairman Wische said persons who speak would be limited to three minutes. Chairman Wische that all persons who wished to speak should sign up with the Re~ Secretary and your name will be called in order. While the people were signing upto speak, Chairman Wische called the itE Mr, BradleY D. Miller, of Miller Land Planning Consultants, Inc. assun podium, alley y Mr. Miller Inc. :uture Retail High /elling C-3 R-3 the Club, lat all stated ~rding ~d the MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, ~999 Chairman Wische announced that various people in the audience regarding this item have contacted some of the E~oard members. Vice Chair Dub6, Mr. Friedland, Mr. Finkelstein and Ms. Frazier also stated that they have, been contacted. Mr. Hay said he was not contacted. Steve Myott said he is an architect affiliated with this project and has filed the necessary forms and stated he would not be voting on it. Attorney Cirullo said that Mr. Myott could not comment or participate n any discussions. Mr. Miller said he is representing Grove Partners Limited who ~s the owner/applicant of the 16-acre parcel. Present with Mr. Miller was Bert Frbehoff, a representative of the owner and Michael Getz from Cornerstone Group, a developer. Mr. Miller said the property was located on the west side of I~ederal Highway at the northwest corner of Old Dixie Highway and referred the Beard to the map on the overhead screen. The site is approximately three-quarteis of a m e south of. Woolbright Road. The current zoning is commercial a~d the purpose of this public hearing is to change the designation from comme[cial to residential. After the hearing tonight, the petition will go to the City ComrOission and then it would be referred to the Stat~ Department of Community AffAirs for review. It would then come back to the City for public hearings. In the mid 1980s there was a proposal to develop this property as a com~nercial shopping center. A site plan application was approved, but the project ne}/er got offthe ground. Since 1984 it has remained in the same condition. In 198§when the City revamped their Comprehensive Plan, they specifically identifi~c~ this parcel to be designated special high density residential, which is being pre, posed tonight. However, because of the appro,}ed prior plans, the City felt ob~ligated that the property remain commercial. This property has been sitting for 1(~ years and nc one has come forward to develop the property for a commercial ,project. T:here was a County study done that designated this area as having a sur~plus of commercial. Mr. Bradley said under the commercial designation, the site is allowed to: over 200;000 square feet of commercial development, which is a major s~ center. Based on that, there would be traffic, water and sewer impac change from commercial to residential would be a reduction in the nur trips by 6,000 trips on a daily basis. The proposal would allow up apartments and Mr. Miller presented an artist's rendering of what the would look like. There will be significant green space and a perimeter lan buffer will be provided. The project will be away from adjacent propert there will be a central lake to provide open space. It will be an ~ development with a gated entryway and will provide recreational ameni Well as some garages and there will be washers and dryers in the units. 8 upport ~pping s. The ~ber of :o 320 ~roject Iscape .~S and pscale es, as MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Chairman Wische asked what the price range of the apartments would b~ and Mr. Miller said a market analysis was done which was submitted to staff. The study supports that there is a demand for this type of project. The pnce r~nges will be $750 to $1,200 per month. The apartments will be one, two andl!hree bedroom units. The buildings would be three stories in height. Mr. Miller s~aid he would conclude his presentation to allow the aud ence to speak, but would Ilike to reserve so me time at the end to address any issues that come up. Mr. Rumpf requested to present staff's overview at the end of the audience. Mr. Finkelstein asked if this Board was only voting on the zoning change and not the site plan and Mr. Rumpf said that was correct. Mr. Finkelste he supported the project and said it would bring in significant revenues. He that this area has been an eyesore and he would ike to see it developed. ~ublic )night ~ said noted Vice Chair Dub6 noted that the zoning being rec~uested tonight is the exact zoning that the people in the audience currently live in. Mr. Friedland stated that Quantum Park is exploding and all kinds of industries are coming in. Also, the Gateway project is proceeding and all this addingl to the overall property value in the City. Chairman Wische opened up the public hearing. Mr. Anthony Pesanelli, Colonial Club Drive, #105, Boynton Beach said he is amazed to hear Board members approve of a project before a public hearimg has taken place and said this is not normally how land use boards operate, Vice Chair Dub6 pointed out that the Board has received all the information on this project and have studied and read everything being presented tonight. Mr. Pesanelli said he has s~x questions that he would like answered. Chairman Wische asked to whom he was directing these comments and Attorney Cirullo said that all questions should be directed to the Board. Mr. Pesanelli said he would like to know the storm frequency of the retention pond and is the outflow going to go into existing storm sewers? Chairman Wische said this is not on the agenda tonight. Chairman ~/ische pointed out that the issue tonight is a change in the zoning from comme¢cial to high density residential. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Mr. Rumpf replied that anything related to the site plan cannot be addressed at this time because staff does not have this information. Tonight a concept plan is being and has not been reviewed by staff. This question can be answeredlwhen the site plan review comes up on the agenda. Mr. Pesanelli said that changing the zoning would increase traffic onto F Highway. Mr. Pesanelli asked if consideration has been given to insts traffic light? Mr. Pesanelli did not think the area could sustain 320 new uni piece of property that borders a railroad track. Vice Chair Dub6 stat( actually traffic would be much less than if it were commercial Vice Chai noted that under the proposed daily trips there are 2,053 and the veste trips with the commercial was 8,465. Therefore, this 'ts now a reduction o daily trips. ;deral Ling a son a :1 that Dubb daily 6,412 Chairman Wische welcomed Commissioner Denahan to the meeting. Frances Flanagan of 3812 Periwinkle Lane, in the Tradewinds Develc said that decisions have already been made in the existing future Land Us the existing Comprehensive Plan, and the Zoning Ordinances what the la be used for and should be adhered to. Ms. Flanagan stated that the zoning for Colonial Club and Los Mangos ~s 10.8 per acre, not 20. Ms. FI. ~ment Plan, is to lensity hagan said this is environmentally sensitive land and she read a petition to the Board that had been signed by 17 people ~n opposition to the project. Ms.. FI~ nagan said that the high-density project would be detrimental to their ne~ghberhood, which are basically single family homes She said that this project infringes upon their rights to privacy and their pursuit of happiness. Ms Flanagan sa d there ~s no need for additional mulff-family units in this, area. There already s Seagate, Colonial Club Condominiums, Sterling ~illage, Hampton Gardens Homing Inn and Los Mangos, all of which have high Igvels of absentee ownership and are not classified as high 'ncome housingJ This ne hborhood s a middle-class neighborhood and is already overbuilt. She g . .i further stated that the area is environmentally sens~bve harboring scrub j ys and other endangered species. Ms. Flanagan said that they have alerted t ~e U.S. Department of Fish and Wildlife. She said that this area will not suppc these high rents and she would like to see an impartial market survey performe( Ms. Flanagan said that although the notice was in accordance with th~ law, a high percentage of people notified will not be in town until after the holida s. She further stated that Mr. Myott's acceptance of this project is a serious czlnflict of interest, even though he is not allowed to vote. Ms. Flanagan said that out-of- state developers should not be allowed to ruin these neighborhoods for their own personal benefit. l0 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Ms. Barbara Harrison, a resident of Colonial Club, Section 1 assumed the podium and was sworn in by Assistant City Attorney Cirullo. Ms. Harrison said that there are buildings going up everywhere and wanted to know if there ~ould be personnel on the property to manage it? Chairman Wische asked the applicant to respond to this question. Mr. Miller said there would be on-site management and maintenance that would live en the property. Mr. Peter Raidy, 3813 Periwnke Lane said his property is mmediately adjacent to the proposed prOject and his neighborhood is z~)ned for single family residences. He asked Attorney C ru Io f the Board approves the project, is; there anything legally binding upon tl~e applicant to adhere to the fanta s that the~/have quoted tonight? Assistant City Attorney Cirullo responded that they are not legally obi because tonight's hearing is on the zoning change, not site plan approva applicant is trying to be accommodating by stating things on the reco would come back to them if there were ~nconsistencies in their state Assistant City Attorney Cirullo said he .felt that the applicant was trying to a the concerns being expressed tonight. However, they wou d be(~ome binding upon approval at the appropriate stage. lated, The I that lents. Idress egally Ms. Billie' Gaglio, President of Los Mangos Property Owners' Association, who lives at ~676 SE 27th Lane said she has a petition to present to the ~oard, but did not have an opportunity to copy it. She requested that she wouldllike to get more signatures and present it to the Commission. Ms. Gaglio stated that the people of Los Mangos strongly object to the rezoning of the prOperty to R-13, high density, 20 units per acre. Ms. Gaglio said the difference between the pr(~posed project and the surrounding communities is that there is ownershilp and ownership changes the picture of a development. She said when peopl~ don't have a financial interest in a property, it is not as well taken care of. Ms. Gaglio said Boynton Beach is flooded with apartments all along Congress Avenbe and Boynton Beach Boulevard. Ms. Gaglio said she does not want to see another high rise without elevaters and who would this appeal to? Ms. Gaglio said that their neighborhood has o deal with the Homing Inn, which has studio apartments for rent, and this prop( '[y is a prOblem to the City and the Police Department. There are eleven pages )f calls since August to the Police Department and asked how can the City mc (e any money with all these police calls? th Mr. Mike Fitzpatrick, 101 SW 4 Avenue sa~d he is present tonight on b the B°ynt°n Beach Greenways Project Team. Mr. Fitzpatrick explained greenway was to the audience and Board. Greenways protect environr ~half of ~vhat a entally MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December t4, 1999 sensitive land and wildlife, and also provide people with access to outdoor recreation closer to home· Mr. Fitzpatrick said he is not opposed to high density and thinks the project could work and the project could support these types of rents. Mr F tz atrick said as far as he knew this was not environmentally ser~sitive and. It had been part of Zill s mangoes before ~t was bulldozed. S~nce ~t was bulldozed, it is just a sandp t. Mr Fitzpatrick said he really would like to ktnow if there were scrub jays on the land and requested someone provide h m with a pictu re of one of~ the property. Mr. Fitzpatrick stated that the Greenways Project Team is about ready to make a presentation to the City Commission sometime after the first of the ye~ r. The Project Team is going to recommend that in the Land Use Plan there bE some greenway corridors in Boynton Beach. Mr. Fitzpatrick presented a map to the Board showing the proposed greenways areas. The Project Team is pr( ~osing that a greenway be built through the backside of the site along [he railroad which would be a 200' wide dedicated easement for greenways. Mr. Fitzpatrick )ointed out on the map the ocation of the entire greenway project that is being pr( aosed. This greenway could be a bike/walking/hiking trail and this wou d be a lefinite attraction to the City of Boynton Beach. Cha rman Wische asked Mr. Fitzpatrick what [his had to do with the site plan? Mr. Fitzpatrick repl ed that th s project would require that approximately fiv~ acres needs to be set aside as open space. He is asking the Board that if the a~)plicant wants something from the City, a dedicated easement for a 200' corridor running along the railroad should be given for the G reenway Project. Mr. John Lyon took the podium and was administered the oath. Mr. Lypn said he lives at 2663 SE 28th Circle and said he's an original owner since 1977 and past President of the Los Mangos Association. Mr. Lyon said there ha~e. been previous attempts to change the density requirements. Last time when t~is was requested, the Chambers was packed and there were no seats. Chairman Wische asked when this occurred and Mr. Lyon said that this o~c, curred when HUD asssted housng was being proposed. Mr. Lyon asked v~hy this particular applicant s going to be given permission to build a high-densitylproject, when the previous one was turned down? Mr. Lyon said that they also protested when the Homing Inn was rezoned. He felt the reason tbs property has · In remained vacant so long was because of the problems with the Homing In . Mr. Robert Spence, 22 Colonial Club Drive, Apt. 300 said that he had appeared prey ously wnen there was an application to build a Winn-Dixie on he site and th s fell through· Mr Spence said this particular piece of prol~erty has been bad luck to the Colonial Club and surrounding neighborhoods ever s nce MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 the Winn-Dixie didn't come in Mr. Spence asked about the notice of zoning change which stated "special high density residential - 20 dwelling units per acre" and would like to know if there had been any previous approvals for 20 dwellings units per acre for other projects. Mr. Rumpf responded that there have been other projects. Mr. Rumpf said that this application has been tailored after an existing site that is located on th[e east side of U.S. I further north, but in the same southern area of the City. Mr. Rumpf further exp a ned that for planning purposes land that is located east of th~FEC tracks s cons dered coastal area. Other areas of high density ara in the ~nixed- use Land Use Application which consists of the Central Business D strict ~nd a land east of the FEC tracks and north to the Boynton Canal. This mix~d-use category allows 40 dwelling units per acre. Mr. Edward Tedtmann, 869 NW 8th Avenue assumed the podium arid was administered the oath by Assistant City Attorney Cirullo. Mr. Tedtmann ~aid he has some concerns about the site and wants t(~ address them in the truelsense of planning and zoning in order to preserve the property values and health and welfare of the community. Mr Tedtmann said that the people who were ir~olved in planning this property in the first place had the right concept because~EC is heavy ra I which means heavy freight traffic travels through there and-itl!s loud and ~oisy. Mr. Tedtmann stated that at the intersect on of 31st Street, wh ch is across from Chapel Hill and heading east, you would run into a residential development that is now in ruins because of the noise and vibrations fr~m the railroad. This development is now abandoned and is home to the homeless. Mr Tedtmann believes that this property is within the CRA and he thinks t~e new CRA Director should have some input on this. Mr. Tedtmann said he wduld not like to see the new CRA Director become a political tool. Chairman Wische said that Mr. Tedtmann's remarks were out of line anc~ asked him to sit down. Mr. Tedtmann said he wasn't finished; Mr. Tedtmann said the denSity is too high for this area and disagrees with the number of trips I~er unit. Mr. Tedtmann does not think this is the proper use for this property. ! Ms. Jean Lyon of 2663 SE 28!h Circle took the podium and was admir~istered the oath by Assistant City Attorney Cirullo. Ms: Lyon feels that the Bo,ard has already made up their minds in favor of the project. She asked why the Board is so eager to jump at the first proposal and asked the Board to wait te~/see if anything better would come along. / / A gentleman who lived in the Los Mangos Community assumed the p0di~um and was administered the oath by Assistant City Attorney Cirullo. He feels ~hat the c t ~ens are fighting the City Officials pnd the people of the City expect some kind of consideration. He said even thoggh there are 320 apartments, 60 u~nits are MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, '1999 three bedroom apartments and the amount of peope nvoved in the I~roject would be enormous. Also there will be a large number of vehicles. He lasked what the plans are for widening the street and installing a light? He s~id the $750 a month rent falls within the Section-8 range This gentleman said th[at this is not an upscale project and that this project is going to be a big mess. Chairman Wische informed the audience that this is a volunteer Board ar are not elected officials. The Board is asked to perform a duty for the C that is to review site plans. This Board is not in the booking business an~ not put items on an agenda now next year or the following. The agenda i,, to-this Board by the City department in charge of these things. Board mE do not know what is on the agenda until they receive it the weekend bef~ meeting. Also, Chairman Wische said that this Board's decisions are n, and they go onto the City Commission, who are the elected officials. d they Iy and does given ~bers 'e the final There being no one else that wished to speak, Chairman Wische closed the public hearing. Cha rman Wische asked if there any issues that the apolicant would like to add tess. Mr. Burt Freehoff, 2255 Glades Road, Suite 421-A, Boca Raton took the podium and said that he has been representing the owners of the property for two and one-half years. Mr. Freehoff said it took years to clear up the tifie ~efore Grove Partners could take ownership. Mr. Freehoff said he made a s~erious attempt to get a commercial development on the property and in two and one- half years with intensive marketing, he did not have one single response. He said he contacted condo development owners and no one expressed any i~erest. The only interest in the property was for multi-family. Mr. Freehoff said thelowner of the property is a passive investor and is not a developer and lives out o~ state. The only interest for multi-family was in the over 300 unit range. / / This amount of units would provide enough revenue and overhead to sustain the project. The owner and Mr. Freehoff were aware that the City was again,': HUD or subsidized housing. Mr. Freehoff said he had six offers from four d ferent companies for subsidized housing and refused to do business with them. Ve did not feel it would be right for the community and there would be a proble with getting it accepted. Mr. Freehoff said there are no rental units that are being proposed that are located within the eastern corridor along Federal High vay ~n the south end of the City. Mr. Freehoff said they retained the services of an environmental firm ar t their report indicated that there are no scrub jays on the property. The City d( ~s not feel there are any endangered species on the property. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Mr. Freehoff stated even if condominiums were built, it doesn't prevent them from being turned into rentals. Mr. Freehoff stated that the owner has made an effort to seek someone out who does quality work. Chairman Wische asked if any staff had anything further to add. Mr. P, umpf said he would like to clarify some items that were raised. · F rst, the statements in the report are accurate relative to density consistent in the area. There is documentation in the Comprehensive Plan that in evaluating the coastal area for potential perking impact, that'some non- conformng densities have been rea ized. This can raise concemsJ about geeing insurance. The Comprehensive Plan nventoried existing resldenta projects in the coastal area to determine the densities and made cor~ments and policies about making them conforming. Densities in the immedial~., area for named, established projects in the area range from 21 dwelling u~its per acre 32.2 dwelling units per aCre, 27.7 dwe ling un ts per acre and further north there are 18.6 and 18 30 dwelling units per acre. Therefore, ~ou can see why staff feels the project is consistent with the estab shed alnd use pattern in the area. · Specific set back will be required for this project. · Traffc generation would be less. This is an expired project and the p.~'oject is now starting from scratch and since there is no concurrency, staff Ioo~s at the project from ground zero. · Successful redevelopment of the eastern area of the City will nc~t occur without chan§es,that are being presented tonight. The City is enterin¢ a new era in terms ~)f growth and development of the City. The City is at ~growth rate in excess of 3%. I · Mr. Rumpf said he met with the School Board today and Boynton Beach ts targeted with two otl~er areas m the County as the areas to watch in terms of growth. · it is not unusual for density in downtown Delray Beach to be at 60 to 70 dwelling units per acre. ~ · When the project reaches the site plan stage, staff will deal with impacts, traffic lights and turn lanes. In comparison to the commercial project lhat had been previously approved there is a reduction in traffic. ~ · With regard to the comment that was made earlier that the property was recommended for commercial use, and the only reason that designation is in the Comprehensive Plan was when it was adopted in 1989, therel was an approved commercial project. However, the Comprehensive Plan recognized the preferable land use as being special high density. I Mr. Rumpf concluded his response. ~ Mr. Hay asked what happened to the approved project and Mr. Rumlf said it expired. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Mr. Friedland apologized for making a statement in advance that was out ol .order and said the Board (Nas here tonight to change the zoning. Mr. Friedland s[aid he has been involved with Vis ons 20/20 and Boynton Beach is an expiosiv~e city. ~ ' arrowest citv from Jacksonville to Miami and has a code Boynton Beach ~s the n J · r that does not allow growth above four stones, except aong the water. M. Friedland said that the zoning change is necessary and there is no other place to go but up, unless you want to build a fence around the city and not grow anymore. Mr. Friedland would like the BOard to move ahead to appr¢ ~e the change ~n zomng. Boynton Beach is on the move and people have :o live somewhere. Motion Vice Chair Dub6 moved that this Board approve the request to amend th6 Future Land Use Plan from Local Retail Commercial to Special High Density Re.· dential (20 dwelling units/acre) and rezone from C-3 Community Commercial to R-3 High Density Residential, subject to all staff recommendations and con ments. Motion seconded by Mr. Finkelstein. Assistant City Attorney Cirullo requested that the Chair have a roll call vot The Recording Secretary called the roll and announced that the motion carried with five (5) votes in favor, one (1) vote (Mr. Hay) against and one ~1) vote {Mr. Myott) abstaining. Chairman Wische stated that there were additional items on the proj, ct, and people were invited to stay for those items. Chairman Wische called for a recess at 9:05 p.m. The meeting reconvened at 9:12 p.m. Comprehensive Plan Text Amendment 5. Project Name: Agent: Owner: Location: Description: Villa Del Sol Bradley D. Miller= AICi. Miller Land Planning Consultar s, Inc. Grove Partners Limited Northwest corner bf the intersection of Federal jHighway (US 1 ) and Old Dixie Hig,hway Request to amen~ the Comprehensive Plan FutUre Land Use Support Document IPlanning MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, ~1999 Area 1.p.; to support the reclassification from Local~ Retail Commercial Lane Use to Special High Density Residential, to encourage development and revitalization of this area of the City· Mr. Myott declared he had a conflict of interest associated with this project and has filed the necessary paperwork required. Vice Chairman Dub6, Chairman Wische, Mr. Myott, Ms Frazier snd Mr. · I t Fdedland acknowledged that people had contacted them regard ng this projec. Mr. Rumpf said that the item represents two text changes. One has been applied for and the second one staff is recommending. / Mr. Bradley Miller of Miller Land Plann ng Consultants representing Grove Partners Ltd. took the podium and stated this is a clarification of the text that is in the Code. Mr. Miller said they agree with all staff comments. Chairman Wische announced the public hearing. Ms. Frances Flanagan assumed the podium and requested that everytr, ing that she said during her previous testimony be repeated. There was no one else who wished to speak and Chairman Wische clesed the public hearing. Motion Vice Chair Dub6 moved to approve the request to amend the Compr Plan Future Land Use Support Document Planning Area 1.p; to sul reclassification from Local Retail Commercial Land Use to Special Higl Residential, to encourage development and revitalization of this area subject to all staff recommendations and comments. Motion second6 ~hensive Iport the Density Ihe City, by Ms. Frazier. Assistant City Attorney Cirullo requested that the Chair have a roll call v te. The Recording Secretary called the roll and announced that the motk ~ carried with five (5) votes in favor, one (1) vote (Mr. Hay) against and om (1) vote (Mr, MyOtt) abStaining. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Projecl Name: Agent: Description: Comprehensive Plan - EAR - Based Amendment (excluding School Siting & Intergovernmental Coordination) City of Boynton Beach Request to approve the Evaluation and Appraisal Report (EAR);based amendments to the CompreEensive Pan as required to update the;goals, objectives and policies, and Futur~ Land use map in accordance with state law, the Evaluation and Appraisal Report, and City direction. Chairman Wische requested that this item be postponed until the members have an opportunity to read it more thoroughly. Motion Mr. Finkelstein moved that Item 6, Comprehensive Plan Amendment, bE to this Board's December 28, 1999 meeting. Motion seconded by Ms. Fr; Vice Chair Dubb asked if this was an advertised item, and if so would it be readvertised? Mr. Rumpf said it is an advertised item, but it is not nE to readvertise the item. Historically, the City allows one extension to oc~ is extended beyond that date, it would have to be readvertised. moved let. ave to ~essary ur. If it Mr. Rumpf said he did not object to the postponement. Mr. Rumpf distributed to members some pages that had been omitted inadvertently and some text data that should have been included, but ~va.s not. Mr Rumpf said this material a so needs to be reviewed in conjunction ~vith the other material. Mr. Rumpf said he would be going through the matena more thoroughly in order to provide an outline for the Board. Mr. Rumpf pointed out that this item is combined with the Villa Del Sol itbm. Any delay in this project would delay [he processing of the Villa Del Sol project. The items cannot be separated. A majority of the information in the F~lan was revewed and approved by the City in 1996 and 1997. Two worksh~,ps were held, as we as ~ public hearing. Mr. Rum of said he is now going to ma~Ke this a high priority to be maintained on an annual basis. Mr. Rumpf said i~e will not be present at the next meeting, but Lusia Gal2v will be heading up the review. 18 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNToN BEACH, FLORIDA December 14, ~999 Attorney Cirullo reminded the Board that there is a motion on the floor that should be voted upon. Chairman Wische called for a vote to continue the matter until December 28th. Motion carried unanimously. 7. OTHER None 8. COMMENTS BY MEMBERS Vice Chair Dub~ said he appreciated receiving a copy of the City Com ~ission minutes and requested that this be included wi~h their packets in the futur~ Vice Chair Dub~ said he counted nine illegal signs on the corner of C, ~gress and WoOlbdght. Vice Chair Dub~ would like to be able to assist th Code Compliance Department with these types of violations. Ms. Byme reported that the Police Department has certified a special ur it of the COP unit to go out and assist with parking violations and enforcement, but she did not know if this could also apply to Code Enforcement. 8. ADJOURN______MENT Mr. Hay moved that the meeting adjourn. Motion seconded by Mr. Fi~lkelstein and the meeting properly adjourned at 9:30 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (3 tapes)