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Minutes 07-27-99 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETJ[NG~ HELD IN COMMTSSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLOR[DA~ ON TUESDAY, 3ULY 27, 1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman Mike Fdedland Steve Myott 3ames Reed Maurice Rosenstock Woodrow Hayf Alternate ABSENT .1. Stanley DubS, Vice Chairman Pat Frazier Mike Rumpf, Planning & Zoning Director Mike Cirullo, Assistant C]ity Attorney 1. Pledge of Allegiance Chairman Wische called the meeting to order at 7:02 p.m., and ed the Pledge the Flag. 2. Tntroduction of the Board Chairman Wische introduced the members of the boardf Assistant City Attorne~ Rum pr, Hanna Matras, Nancy Byrne and .lanet Prainito. He also acknowledged th the audience of Mayor Pro Tern Sherman and members of the press. Cha announced the Vice Chairman Dub~ was in court, but was expected to arrive meeting. 3. Agenda Approval Mr. Rosenstock moved to approve the agenda. Mr. Friedland seconded the mot unanimously. 4. Approval of Minutes -- luly 13, 1999 Mr. Rosenstock moved to approve the minutes. Mr. Hay seconded the motion unanimously. 5, Communications and Announcements A. Allegiance to CiruJJo, Mike ,, presence in 'man Wische iortJy for the that carried hat carried Planning and Zoning Report 1) Final disposition of the .July 13, 1999 Planning and Development Board meeting agenda items MEETTNG MTNUTES PLANNTNG & DEVELOPMENT BOARD BOYNTON BEACH, FLORZDA 3ULY 27~1999 Mr. Rumpf reported the following City Commission action on items previously revi~ewed by the Planning & Development Board: · The Dolphin Restaurant - Major modification of an existing site plan to e~pand The Dolphin Restaurant and Lounge - Approved · Sterling Records Management - New site plan to construct two warehouse buildings - Approved · Stanton Magnetics - New site plan approval to construct a 33,088 sqpare foot industrial building - Approved · Dr. Verma Office Building - ~Iew site plan to construct a 3,515 square foot commercial building - Approved Quantum Park PID - Use approval to add the assembly of automated packaging machinery to the Quantum Park Planned Industrial Park list of permitted uses - Approved · Unisite @ Quantum Park- Approval to construct a 140' communication tower with antennas, equipment and access road - Approved Mr. Rumpf announced the two possible dates for the joint workshop with the City Commission as August 10~n and August 24t~. He distributed copies of the draft agenda for that workshop. Consensus There was a consensus of the board to conduct this joint workshop on Tuesday, Au01ust 24~n. Mr. Rumpf reqtJested that the board members provide him with agenda item requests as soon as possible, k Mr. Rosenstocl~ requested that Mr. Rumpf provide the board with notes from ~he previous meeting whenthe request for the workshop was made. Those notes included tl~e items Mr. Rosenstock wo~ld be interested in discussing with the City Commission. / / ! Chairman Wische recommended that Mr. Rumpf return to the board at its next me~cing with his interpretation of what should be discussed at the meeting. Mr. Myott requestea that the agenda include a discussion of color changes, etc. 6. Old Business A, APPEALS 2 MEETZNG M~NUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH~ FLORIDA .1UEY 27~ 1999 Attorney CirullO administered the oath to all that would testi~ during the proceeding;s, community Desiqn Plan AoOeal :~. PRO3ECT: Wal-kMart Supercenter AGENT: Kevin M. Roberson, Kimley-Horn & Associates APPLICANT: 3. Robert Bray, Assistant Vice President of Real Estate Wal-kMart Stores East, [nc. LOCATION: Northwest corner of Winchester Park Boulevard land Boynton Beach Boulevard j DESCR~PTLON: Request approval to appeal the Community pesign Plan, Chapter 9. Section :~:L1, to allow overhead doors located on elevations of the proposed commercial/retail building that face Knuth Road and Wincheste,r Park Boulevarc~. J Susan Motley~ attornev rel~resentincl the aoolicant, is with the law firrn~ of Ruden, IvlcClusky, Smith, Schuster & Russell located in Fort Lauderdale. She introduced Hal Havens, architect and Todd Calvin, project engineer, Hs. MoUey reminded the members that the applicant requested a deferral last mogth because there were issues that had to be worked out with staff. The applicant worked ~ery hard to come up with a project that would be acceptable to staff, the City Commissibn and the residents of Boynton Beach. One of the issues that arose dealt with the bay doors. This Supercenter will bela combined retail store and supermarket. As part of having two operations in a building, a g~reat deal of planning has gone into the building and the loading area. There are overhead doors that will face Winchester Park Boulevard and others ii, at will face Knuth Road. The doors will be 380' from Winchester Park Boulevard and 560'lfrom Knuth Road. Even though these are significant distances from th.e, roadways, the applicant worked with Hr Rumpf and staff and decided that the addition of a 6 high architecturally fleatured wall would be included. This wall will be very similar to the wall at Boynton Com~nons. The applicant also added landscaping and berming on both sides of the wall to provi,'e additional b~Jffering of the bay doors. A perspective was displayed for the edification of the r embers and the audience. The perspectives showed a person's view from a car at the side )f the road. Two views for each location were displayed. One view depicted the view when the landscaping is first installed, and the second view was at maturation of the landscaping. M.~ Motley felt confident that the applicant had created a situation that screened the view of tf bay doors from the rights-of-way. Ms. Motley pointed out that staff has recommended approval of the request. Mr. Myott referred to the comment recommending that the applicant ao~ additional landscaping. Ms. Motley advised that the comment was structured so that if staff determines more landscaping is needed than what is already proposed, the applicant would ha~e to provide that landscaping. The applicant does not have a problem with that comment. 3 MEETTNG MTNUTES PLANNTNG & DEVELOPMENT BOARD BOYNTON BEACH~ FLOR.iDA .1UEY 27~ 1999 Chairman Wische acknowledged the arrival of Commissioner Nellie Denahan at 7::16 p.m. CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. Herb Suss, resident of Ouail Run, supports this request, but feels the distance of the doors from the roadways is not sufficient. WITH NO ONE ELSE WISHING TO ADDRESS THIS APPLICATION, CHAIRMAN WIS( tE CLOSED THE PUBLIC HEARING. Ms. Motley advised that trucks would not be permitted to access the site from Knu 1 Road. In response to Mr. Myott's comment, Ms, Motlev advised that the applicant provide, the cross- section or diagram that was requested. If Mr. Rumpf makes a determinatior that more landscaping is needed, the applicant would have no problem providing more. Because of his concern about how the project would look when the Supercenter is ready to open for business, Mr. Rosenstock asked if the applicant would be willing to assur( the City, in writ ng, that the bay doors would be hidden at the time the project is ready ~.o open for business. Mr. Rosenstock pointed out that when the site plan approval is addresseD, he would request additional landscaping in the parking lot. Ms. Motley advised that the bay doors would be screened at the time of installation. The applicant agreed that if a determination is made that there is a problem wit~ the view, additional landscaping will be added per the City's requirements. Mr. Rosenstock said he is concerned about the density of the trees at installation. advised that there would be Royal Poinciana trees on the east and Laurel Oaks ant on the other side. Mr. Rosenstock asked for an assurance from Wal,Mart that t~ installation would be increased so that the doors would not be visible. Ms. Motley agreed to do that and restated the applicant's position of agreem( Rum pf's condition, Mr. Friedland referred to the 6' concrete wall and concluded that the height of th cover the view even without the landscaping. Ms. Motley agreed with Mr conclusion Mr. Myott asked the applicant to describe the wall. Mr. Havens advised that the applicant was asked to match the wall at Boynton Cot colors woUld match the colors of the building and there are features on the wall. Mr. Rumpf Wax MyrUe density at with Mr. wall would Friedland's mons. The MEETZNG MTNUTES PLANNTNG & DEVELOPMENT BOARD BOYNTON BEACH~ FLORIDA 3UILY 27, 1999 Motion Mr. Friedland moved that the board approve the request to appeal the Community l~esign Plan, Chapter 9 Section 11..1, to a Iow overhead doors located on elevations of th~ proposed commerc al/retail building that face Knuth Road and Winchester Park Boulevard, foi the project at the northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard, subject to staff comments. Mr. Reed seconded the motion that carried 6-0. B, SITE PLANS New Site Plan PRO.~ECT: AGENT: AppI TCANT: LOCATION: DESCP~P-~ON: Wal-kMart Supercenter Kevin M. Roberson, Kimiey-Horn & Associates 3. Robert Bray, Assistant Vice President o~: Real Estate Wal-kHart Stores East, ThC. ~ Northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard Request new site plan approval to construct a 220,184 square foot retail store on 39.6:[ acres. When Ms. Morley approached the podium, Chairman Wische confirmed with her that the applicant would remove all Melaleuca trees from the property. Ms. Motley advised that the applicant is in agreement with all comments with th~ exception of Comment #:L7 that reads as follows: "Limit blue stripe and blue co/or (including the wall sign) to main entrance~ and areas enhanced with the E. L FS. surface in order to minimize incompatibil/~ with the Boynton Commons Shopping Center which represents the established desirable architectural character that adjacent uses should match, and to be consistent w/th proposed design standards." Ms. Motley reported that the applicant's original request was for the blue stripe arolund the entire building. The applicant worked with staff and deleted the band from the building ~.cept in front. Mr. Rumpf has requested that the use of the stripe be reduced to only at the m~ain entrances. Ms. Motley explained that blue is considered to be a trademark color t~ WaiWMart. I The applicant has given up a great deal of the blue color to satisfy the desires of the City. The applicant would like to keep the blue stripe across the front of the building. At Chairman Wische's request, Ms. Motley said the colors of the building include peach sandstone with a darker beige accent and some blue. CHATRMAN WTSCHE ANNOUNCED THE PUBLTC HEARING. Herb Suss, resident of Quail Run, expressed his concern about the traffic ~hat would be generated with the opening of Knuth Road from Boynton Beach Boulevard to Woolbright Road, MEET'~NG MTNUTES PLANN'rNG & DEVELOPMENT BOARD BOYNTON BEACH,~ FLOR/DA 3ULY 27~ 1999 The residents of Quail Run are fearful there will be cut-through traffic on SW 26t~ Street that runs through his community. Hr. Suss supports the Supercenter, but urged the board to do something for the residents of Quail Run. Alice Warren, 719 Woodfern Drive, is a resident of Quail Run. She Rooks foi~ward to the opening of this Supercenter, but also expressed concern about the traffic th~at would be generated with the opemng of this new Supercenter. She urged the board to ensure that a traffic study is completed. Hr. Rumor added that a traffic study was submitted and the applicant is working with the County to work through certain improvements that are required. Wl-I'H NO ONE ELSE WTSHING TO SPEAK ON THTS APPLTCAT~ON, CHA}[RMAN WTSCHE CLOSED THE PUBI TC HEARTNG. When Mr. Rosenstock asked Mr. Rumpf how he arrived at a figure of 1,101 req~uired parking spaces, Mr. Rumpf explained that this is a retail-parking ratio that is one space p~r 200 square feet of gross leaseable area. This number of spaces does not include the garden area. The Code addresses that area with a separate ratio. Mr. Rosenstock explained that he is c,o, ncern,e,d about the vast expanse of asphalt i~ the parking lot. Many shopping centers have 3 or 4 medians with grass, trees and sh~bbery. Hr. Rosenstock pointed out that there would be approximately 110' between landscaping in this parking lot. Ms. Motley sa d these slands are larger than typ cai islands. The applicant's idqa was to put more trees in a larger island because they will survive better than in smaller~slands. The architect said there are plans to install Sabal Palms and Laurel Oaks with tree diameters of 4" to 6. Ns. Motley added that there woud be a 10 wde andscape buffer around the enbre perimeter of the property. Mr. Rosenstock pointed out that from his review of the plans, the trees appeared tc~ be 60' apart. The architect said that from center space to center space, there woulcJ be 40'.I Outside the buffer, around the docking bay, the trees will be 20' apart. Hr. Rosenstock requested that the applicant install all of the trees 20' to 25' apart. Ns. Motley agree~ to work with IlVlr. Rumpf to come up with an agreeable solution if he believes the applicant needs to add more ~rees. Mr. Rumpf explained that the applicant has met the mlmmum Code requirements ~y planting the perimeter trees at 40' apart. Ms. Motley said there is a s~gnificant amount of greenspace in terms of lands,caping. With respect to the parking lot, the applicant tried to provide sufficient parking to avoid ,~aving people parking their vehicles along the rights-of-way or in outparcels. The applicant ~Iecided to go forward with the larger islands so that the landscaping can flourish. While M~r. Rosenstock accepted the fact that the applicant was more than complying with the minimum Code, he requested that the applicant consider going above and beyond the minimum Codt~ to plant the MEETING M'ENUTES PLANN'rNG & DEVELOPMENT BOARD BOYNTON BEACH~ FLOR-~DA 3ULY 27~ 1999 trees on 20' centers. He feels this would be more aesthetically pleasing and would attract more business to the project. Ms. Hotley explained that there are no surplus parking spaces in the project tBat could be e iminated Nr Rumpf agreed with Ms. Motley's remarks. Mr. Rosenstock r~commended allowing the applicant to eliminate a few spaces to replace them wth trees Mr Rumpf said staff worked on this issue with the applicant. Staff recommended, and agreed toI support, an application for a variance to increase the terminal islands with greenspace. The applicant chose not to do this because of the number of spaces they require based on ~:onsumer traffic. lVls. Hotley agreed that the applicant could add additional trees to the buffer ar Wal,Mart would not want to reduce the parking spaces because they do not parking in unauthorized areas. When Mr. Rosenstock requested a consensus of the board to recommend that W~ additional perimeter trees on the property, Mr. Reed requested an opportunity b concerns. He explained that on the northwest side of the perimeter, Royal Poinci~ proposed for installation. These trees have 20' to 30' canopies. Mr. Reed wouk plantingthese trees 20' apart. In addition, Royal Poinciana trees are dedduous an~ two or three months of the year. That would defeat the purpose of using this vad, for the overhead doors. The Crepe Myrtle has the same problem. Ms. Motley said the applicant would be amenable to planting another species and with the City Forester to select a variety. Tn response to Mr. Myott, the architect advised that the initials DBH on the pi; "diameter of breast height". a; however, ~ant people *Mart place address his ma trees are not suggest I are bare for ~ as a shield reed to work referred to Mr. Myott pointed out that the Tabebuia trees are also deciduous and are only 2'~ at the chest height. These trees will not create much of a canopy in the parking lot. Chairman Wische recommended that the applicant consult with staff on the tree isst Mr. Myott asked Mr. Rumpf to explain the master plan design standards for the oc Rumpf advised that staff applied three concepts for the master plan. 1. Curb cuts are laid for only the master project leaving the parking are; 2. A perimeter buffer is 10' rather than the minimum of 5' per parcel; ar ~arcels. Mr. 3. To help accomplish uniformity of design, design guidelines th~ talk about materials, colors, compatibility, etc. are used. Mr. Rumpf explained that he worked very closely with Kimley-Horn to develop the document to make it be a PCD. The drainage plan is master and is sized for all outparcels. The .~nly thing not incorporated is that the master traffic review does not include outparcels. Those plojects w'll be MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH,~ FLOP~TDA ~ULY 27~999 reviewed on a case-by-case basis for traffic impact Mr Rumpf confirmed that a~ additio w. ,e~tbound dght~turn lane at the intersection of ~onnress ~venu~ ~ ,~,~ ~ .... ., ~n _ . .n. al widenin~ of Bo"n~^- ~___L .... = ,~ ~,~u ~,u ~uyucon Keao~ ano the ~J y ~u. DemOn ~ou~evarcl oetween 3og Road and El Claire Ranch Roa~d would be required. Ms. Motley confirmed that the applicant would be willing to add trees 20' apart that are not deciduous. Mr. Rumpf said there is a great dea of green area and staff realizes that there is a great deal of color in this project. However, there is space in between the first tree rows for additiona secondary tie~ landscaping. Mr. Rosenstock pointed out that the diameter of the trees n the islands is very isma I. He recommended that the applicant install trees that are larger n d ameter and height so that the product will be lush when the facility opens its doors for business. Ms. Motley felt this was a logical and reasonable request. In response to Mr. Rosenstock, the architect said there is a parapet wall that will serve as a screen for the air conditioning units. With respect to the blue stripe, Mr Rosenstock asked Mr. Rumpf f he had any objec,tion to the main entrance that has a Royal Blue background to the letters that spell out Wal~-~l. art. Mr. Rumpf responded negatively and said that was used as a compromise. He agreed that the sign areas should be allowed to have the corporate colors in order to eliminate them fro the fiat large building areas. ~ . When Mr. Rosensto,c,k questioned the width of the blue stripe, the architect determ~ ed ~as approximately 4 wide. Mr. Rosenstock felt it was too lame '~- ........ ~ th.at it d~e width of the band to 24". He felt the lettering would stil~"~-~vithi'' ~ t%r~rl~endcc. agreea to reduce The architect confirmed that there is foundation landscaping around the building. Motion Mr. Reed moved that we approve the site plan for Wal. Mart Supercenter on the corner of Winchester Park Boulevard and Boynton Beach Boulevard SUbject to all staff and the additions discussed this evening; Mr. Myott seconded the motion thz unanimously. 2. PRO.]ECT: AGENT: LOCATION: DESCR.tPT~ON: orthwest )mments carried The Morris Building Richard C. Ahrens, Ahrens Companies [6[ Commerce Road, Lot 4 High Ridge Park Request new site plan approval to construct la 15,:t04 square foot industrial/warehouse building on ~.0c. 9 acres. Attorney Cirullo administered the oath to Greg Celentano. MEETING M~'NUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLOR[DA 1ULY 27, 1999 Grea Celentano, reoresentina Ahrens Comoanies, said he was in agreement With all staff comments. CHAIpjVlAN WISCHE ANNOUNCED THE PUBliC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION Mr. Rumpf had no additional information to offer. Mr. Myott noted that this site p an was consistent wth the other buildings that are already exist ng. He confirmed with Mr. Celentano that the air conditioners are not on the rocor. Motion Mr. Hay moved that we accept the request from The Morris Building for a newl site pan approval to construct a :[5,~.04 square foot industrial/warehouse building on 1.099 acres subject to all staff comments. Mr. Myott seconded the motion that carried 6-0. 7. New Business: A. CODEAMENDMENT Code Review - LDR Text Amendment 1. PRO.]ECT: Day Care in R-l-AA Zoning District APPLICANT: Scott and Catherine Freelartd DESCRIPTION: Request to amend the Land Development Regulations, Chapter 2. Zoning~ Section 5.C to include day care as an allowable use within the R-1AA zoning district. Attorney Cirullo administered the oath to Scott and Catherine Freeland. Catherine and Scott Freeland, 4470 Gleneaqles Drive, said they agree with~ all staff comments. CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESBNT WHO WISHED TO SPEAK ON THIS APPLICATION Mr. Myott asked Mr. Rumpf to elaborate on why staff supports this application. Mr. Rumpf explained that staff researched the need for daycare w th n the City. With r~espect to Ioc. atio, ns, ther. e are several residential zoning districts flanking principal corridors that lower the value rot resioential properties and increase potent a conversion to commercial propert~s. This proposal is a compromise. Mr. Myott asked Mr. Rumpf to explain the letter that was included in the backup ~at talks about not granting access. Mr. Rumpf explained that when staff is requesting~ a text MEETTNG MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACHf FLOI~DA 1ULY 27, 1999 amendment, there ~s an effort made not to focus on a particular property. However, the parcel involved in this request is a difficult parcel to work with. It is very close to the 1-95 ihterC~ange at Woolbdght Road. Due to some extraction of and that was purchased for future right-of-way and proximity to the intersection, curb cuts ont~ Woolbright Road have bee~ denied. Therefore, th~ access will be internal only to the neighborhood. Mr, Myott questioned how a change in the text would affect residents in adjacent sihgie-family homes. Mr. Rumpf said one of the recommendations includes making these uses conditional uses. The conditional use requires the 400' notification process. AT 8:20 P.M., CHATRMAN W/SCHE REI_I~N(~UISHED THE GAVEL TO MR. ROSENSTOCK AND LEFT THE MEE'I-~NG. MR. RosENSTOCK PREsTDED AS CHA/~RMAN FOR THE REM/LTNDER OF THE MEETING. Attorney Cirullo asked whether or not all residential zones would be part of the a~nendment. Mr. Rur~pf said the conditions of approval lay out the areas. Staff cannot justify am(~nding only the R-l-AA zoning district. The change should be uniform and Iocational criteria wodld be used to address other concerns. Mr. Rosenstock suggested that the Ordinance be brought back to the board before~ it goes to the City Commission for two readings. Attorney Cirulto advised that a private applicant requested the Code revision. responded by recommending a Code change to provide for this use globally witf provisions that wi1 ~e included in the Ordinance. Mr. Myott was pleased that this would become a conditional use application that wo~ come back to the board and the City Commission A conditional use hearing rec notice and wou d be deat with on a case-by-case basis. Motion Mr. Myott moved to approve the request to amend the Land Development Regulatior 2. Zoning, Section 5.C to include day care as an allowable use within the R-1AA zoni Hr. Reed seconded the motion that carried 5-0. Staff has the eight d have to res public ;, Chapter g district. PROJECT: APPLICANT: DESCRIPTION: Height Increase (Single-Family Structures) Woody H. Freise, NCARB I Request to amend the Land Development ~egulations, Chapter 2. Zoning, Section 4.f to allo~v for ad~ninistrative approval to increase the maximum height df a single- family home from 25 feet to 30 feet. Mr, Rosenstock questioned whether or not this application came before the board ~ln the past, Mr. FreLse responded negatively. 10 MEET,lNG MZNUTES PLANNZNG & DEVELOPMENT BOARD BOYNTON BEACH, FLOR/DA 3UL¥ 27, 1999 Woody Freiser Architectr 1447 NE 4th Aven,,,= c~ ....... .... r --. LauoeraaleL saio ne nas en a trend from Dade County up the coast of Florida where housing is going to a higher-end cs';tOm style. Housin§ is changing back to some of the basic characteristics of architecture including features such as higher pitched roofs, art-deco and old [Vlediterranean styling. In addition, par of this request stems from the way the City of Boynton Beach C( ~e looks at finished floor measurement or the tota elevation of the building. There are discrep~ ~cies in the Code. Hr. Freise would Iike the City to amend the Code to get back to a basic level ( measuring the overall height of a building. This measurement should be based on FEMA ,=cause the insurance companies establish the level of the finished grade based on the flood ele, ion. Hr. Rumpf reported that staff used this opportunity to possibly amend the Code to a( ~ress this issue that has come up repeatedly over the past few years. Host new development occurs in PUDs where there is no maximum he ght lira ration set in the Code. When the appl cant brought this issue to the attention of staff, a decision was made to reevaluate the :ode and formally recommend the change to bring the Code up to modern day standards. Although there have been variances in the past for heights above 25; this would be cleaner and more comprehensive way of accomplishing the.same thing. The proposal is two- .=red. It bumps the maximum from 25' to 30' and includes provisions for those cases that are in excess of 30'. Hr. Myott said he is in favor of this concept, but ~s concerned about a situation wh~re there might be two established lower level homes and a bigger home would be added in th~ middle. This situation would be objectionable. However, if the neighbors did not obje to the construction, he would support it. ~ Hr. Rosenstock said he experienced this problem in the past and is very familiar with/ it. He presented the following scenario: "Assume I own a $2 million home. T have landscaping and built the house taking intb account the position of the sun ~t certain times of the day. Along comes a citizen who demolishes an existing house next to me anti builds a 35' house that completely negate~ what ! did." He would not support an Ordinance that gives carte blanche 35'. He would consider it on a case-by-case basis. Hr. Rosenstock said h~ would consider supporting a revision to theL~ode to say that it could be allowed if app, roved by adjoining facilities or neighbors. ~ Hr. Rumpf explained that the 35 scenario would be accompanied by performance criteria/that would allow staff to review it on a case-by-case basis. Tf such a case were presentec~ to the Building Division, it would be forwarded to Planning &, Zoning for evaluation using the same criteria that is used to evaluate height exceptions in the City. MEETTNG MZNUTES PLANNTNG & DEVELOPMENT BOARD BoYNTON BEACH~ FLOR.iDA 3ULY 27~ 1999 Mr. Rosenstock expressed concern about the bureaucracy of someone being ableito make a decision that would destroy what a previous property owner had built. He said he would support this if staff could develop language that builds in protection for the property owners. When IVlr. Freise questioned whether this discussion was referring to the 30' to 35; or from the 25' to the 35; Mr. Rosenstock said it involved the 25' to 35' and any height in between. Mr. Friedland referred to the Visions 20/20 Plan. He does not believe 30' WOt hardship. However, he believes there should be criteria for any request above 30'. Mr. Myott asked Mr. Freise if this application had anything to do with the applicati previously denied by the Planning & Development Board. Mr. Freise responded ne Mr. Rumpf added that he contacted those applicants to find out whether or not cause a that was ~tively and they wou d benefit by this change. He was advised that they redesigned their plans and are under construction to rebuild at 25'. Hr. Reed would support the increase from 25' to 30' but believes anything higher than 30' should require special considerations. Attorney Cirullo advised that additional conditions to allow a structure to go fror~ could be handled administratively. He pointed out that criteria A through F in the b~ be included in the Code. He asked if there was anything else the board wanted there was discussion about adjacent property owners' objections. Nr. Rumpf advised that the way the Code ~s currently written, there would b notification process to go from 30' to 35'. 30' to 35' :kup would Jded since no public Hr. Rosenstock said he would not support this request unless public notification is the Code. Mr. Rosenstock said he w~uld want neighborhood notification and a he~ the Planning & Development Board. Tt would come to the board as a special excepti, Motion Mr. Friedland moved to approve the "equest to amend the Land Development Chapter 2. Zoning, Section 4.f to allow for administrative approval of increase thc height of a single-family home from 25 feet to 30 feet with neigi~borhood notice anything above 30' as well as the attention of the Planning & Development Board. ncluded in 'lng before n. .~gulations, maximum ~quired for 12 Mr. Rumpf recommended that the motion read "subject to staff comments in a, tition to a public notification requirement being incorporated into the process". Mr. Rum pf exl ained that Mr. Friedland's motion was technically verbatim from the agenda. Staff is not propc ping that it be done administratively per se. Staff is recommending that the height limit be m ximized at 30'. There will be no administrative review. Therefore, he said the motion could be, "...approved subject to staff comments in addition to an additional requirement hat public notification and consent be ~ncorporated into the process above 30 feet." ~IEETZNG HINUTES PLANN~'NG & DEVELOPMENT BOARD BOYNTON BEACH, FLORZDA 3ULY 27, 1999 Mr. Friedland req Jested that the word consent be ~nduded in the mofdon. Mr. Rosenstock pointed out that there appeared to be a consen,sus of the members to a ow 30'. However, he felt that when the request is for higher than 30; t becomes a vadanle type of situation that requ res discussion. ~he' Planning & Development Board or the City C~mmission would need oversight. Mr. Rumpf recommended two options: Eliminate the 30' to 35' height 2. Include a provision for unique elements that protrude above the 30'. Mr. Rosenstock feels there is a need for a strict interpretation of the law. He reiterated that he would not object to3'0, but anything above 30' Would have to go before the pIl~n~ng & Development Board. Mr. Reed questioned whether or not the board was changing the definition of"what is ~0 feet?" Mr. Rumpf explained that it is staff's recommendation to clarify where the base measu ~ment is from. At present, the definition is at the finished floor elevation (foundation). Mr. Rosenstock pointed out that the way the Code is currently written, he could p~ chase a piece of property that is level with all surrounding property, and then raise it 10'. en the measurement is taken from the foundation, his structure would be 10' higher. Mr. Rumpf explained that although the Code is written in this manner, there a e other interpretations that leci Buildin~ Div s on staff, to measure from the average ~nished g~de. In addition, there will also be an invisible hand with regarding to drainagethat would eliminate that type of activity. Mr. Rosens~ock said he would like the structure measured from the median grade for ijoining lots. Mr. Freise explained that on an older piece of property, where the land has settled, thc inished floor must be put at FEMA requirements as a minimum. The lot he is currently workinc )n is at a grade of 6.6 because the land has s~tled. The house, by FEHA standares, must e at 8' finished floor. He said he lost 18" of height that was measured from average grad~ of the FEMA°verallstandards.structure' Mr. Freise recommended that the average grade be measured accond ng to Mr. Rosenstock recommended tabling this item to allow the applicant to prepare proposed legislation for the board's consideratio~ Mr. Friedland withdrew his motion. ~3 MEETtNG MZNUTES PLANNZNG & DEVELOPMENT BOARD BOYNTON BEACH~ FLOR/DA ]UL~Y 27r :11.999 Motion Mr. Myott moved to approve the request to amend the Land Development Regulatic~ns to allow for administrative approval to increase the maximum height of a single-family hon~e from 25 feet to 30 feet subject to staff comments 1, 2, and 4. Th s c arifies the establishr~ent of the grade elevation. Mr. Friedland seconded the motion that carried 5~0. · Attorney Cirulio advised that this item would go before the City Commission for two readings of the Ordinance. 8. Other None 9, Comments by members 10, Adjournment There being no further business to come before the Planning & Development Board, the meeting properly adjourned at 8:50 p.m. (~2'anet M. Prainito Deputy City Clerk (Three Tapes) 14