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Minutes 02-09-99 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COM MISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 9, 1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman James Reed, Vice Chairman Pat Frazier Mike Friedland Steve Myott Maurice Rosenstock William Sherman, Voting Alternate Frances CIeary, Alternate Michael Rumpf, Acting Planning & Z Director Mike Cirulio, Acting Assistant City At1 Hanna Matras Planning Department ABSENT J. Stanley Dub6 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. and led the Allegiance to the Flag. 2. INTRODUCTION OF COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced Ihe Board Members, Acting Assistant City Atb Cirullo, and Mike Rumpf, Acting Director of Planning and Zoning. Chaim announced that William Sherman would be a Voting Alternate this evening. ~ning )rney )ledge of rney, Mike ~n Wische Chairman Wische introduced Mayor and Mrs. Jerry Taylor and Commissiener Jamie Titcomb who were in the audience. Mr. Rumpf introduced Hanna Matras of the Planning Department staff. 3. AGENDA APPROVAL Chairman Wische asked for a motion to approve the Agenda Motion Mr. Friedland moved to approve the agenda. unammously carried. Mr. Myott seconded the motk 7. Motion MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 4. APPROVAL OF MINUTES Motion Mr. Rosenstock moved to approve the minutes of the January 26 1999 submitted Motion seconded by Vice Chair Reed, which carried unanimousl, 5. COMMUNICATIONS AND ANNOUNCEMENTS Planning and Zoning Report 1. Final disposition of the January 26, 1999 Development Board meeting agenda items. Planhing Mr. Rumpf reported the results of the February 2, 1999 City Commissk regarding items previously presented before the Board: The Boynton Commerce Center Master Plan was approved. (a) (b) The Manatee Bay fka Banyan Cove Abandon approved. (c) The Wreck Restaurant was approved. (d) The Collier Commercial Site Plan was approved. Chairman Wische asked if there were any comments from the Board. Ther comments. Chairman Wische informed the public that any person who wished to address on any item on the Agenda would have to be sworn in. Chairman Wische that Acting Assistant City Attomey Cirullo administer the oath to all persons ~ be testifying. 6. OLD BUSINESS 2 None aeting, as and Meeting dification went was were no he Board equested ho would MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 7. NEW BUSINESS A. PUBLIC HEARING Conditional Use Project Name: Agent: Owner: Location: Description: Boynton Beach Marina Robert Currie Ocean Breeze Festival Park, Inc. Casa Loma Boulevard Request for conditional use a[ construct a mixed-use project apartments, 8,262 square feet 1999 ~roval to with 229 of retail With regard to the height, the building ~s eight (8) stories high, which ~s con: the 20/20 Visions recommendations. The height is 64' or 68' to the top floor slope. The office building is approximately 50' to the top of the parapet. Mr. Currie said that the entire waterfront would be open to the public. presented an artist's drawing to the members of the Board showing f waterfront would be open to the public and pointed out that the entrance bE two buildings is 28' wide. Mr. Currie stated that access from the dock where t is located is 76' wide. Mr. Currie said there would be brick walkways, lighting trees and trash containers, etc. and would be a very pedestrian friendly pul: way. 3 th 20,000 uare foot :ail on the canal. stent with ~efore the 4r. Currie )w much ween the e gazebo benches, ic dght of presentation, Mr. Currie stated the retail phase is a two-stow building ~ square feet of retail and offices and on the end there will be a 6,700 s restaurant. The 229-unit apartment building will have 8,000 square feet of r( ground floor and there will be a freestanding restaurant at the other end of thc space, a 152 seat restaurant, along with modifications to phase 1 to co~nply with development agreement / Mr. Robert Currie, Architect for the project, took the podium. Chairman Wi¢che noted there were 79 staff comments. The Board requests that the Applicant only address those comments they do not agree with or wish to have explained a~-worked-o~ut. Mr Currie requested he be allowed to address the Board before add I . . . co~nments, to which the Board agreed. The Applicant is proposing 229 apar~t~r~'enngt u~i~s~ to go with the retail that has already been approved at the end of the cana Mr, Rumpf pointed out the areas to which the Applicant referred to throughout he entire MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 With regard to parking, there will be a 4-level parking structure and the g parking would be open to the public. All other parking on the site is open for The Applicant is providing 505 parking spaces and Mr. Jarvis hired a traffic, determine the practical number of parking spaces needed. The traffic engi~ doing the study, considered the Two Georges Restaurant and Janet Hall' together with the apartments and retail and came up with the mixed-use pan spaces. The Applicant is requesting that the top throe levels of the parking limited to the rosidents only. Mr. Rumpf stated that a total of 118 parking spaces would not be reserved Curde stated [hat there is additional parking along Casa Loma and 6th ~tl would make approximately 200 parking spaces available. Mr. Curde wished to address the staff comments and referred to Comment dealt with improvements to other people's property, i.e. the lights and side~ Janet Hall's property and the Two Georges. Mr. Currie sa~d this had been 'ound floor )ubiic use. nglneer to eer, when property, lng of 505 ;larage be rking. Mr. ;et, which ~18 which ilks along :liscussed with the Commission previously and it is not the Applicant's property. The ,~ )plicant is not inclined to build on someone else's DroDertvthi.~ i.q th~ P. ih/'. rc~nnneihilifw _ . . and ..............~ ....~...,,..,..,,,.z. ! Chairman Wische noted the comment stated "the Developer shall agree tcj make all proposed improvements at his cost". Mr. Currie stated the Developer disa~roes with that comment and stated the Commission previously agreed to delete this item. Mr. Rosenstock asked Mr. Rumpf if this had oeen done. Mr. Rumpf did not recall Chairman Wische asked if the Commission previously had deleted the item, ~ the staff comments tonight. Mr. Rumpf stated that tonight's comments ar amendment to the development order, which in effect reduced staff comment,, to approximately 79-80 comments. Mr. Rumpf said the comment still rema has been no official action with regard to this comment. The next item addressed was Comment #13 regarding emergency access north side of the apartment build rig, which is the north dock and a fire lane Mr. Currie stated the north dock runs along the top of the north side of the [here is water available for putting out fires. Also, the area ~s handicap acce,, Currie stated if the City gets the promenade built all the way to the Intrac, access would be simpler. Mr. Rumpf indicated this area on the overhead and said there ~s an issue of ~ and of bringing the road down. The project calls for the road to be constructec project boundary on the west side and nol to exceed the cost of $75,000 tc The remainder is to be done by the project developer. Mr. Rumpf pointed our sac that would be used for emergency vehicles and for solid waste tru 4 y is it on ~ the first from 139 and there ~long the required. anal and sible. Mr. ~stal, the ~ngroves up to the the City. a cul-de- ks as a MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 turnaround. Mr. Rumpf pointed out the area to which the City wants to haw access. The City would bring the road to the northwest corner of the prope~ developer would have to bring it the remainder of the distance. Mr. Rosens~ what this difference was. Mr. Currie stated the circle is 90' in diameter, thc distance would be about 200'. Mr. Currie said there would also be access Loma. Comment #30 addresses ~roviding a temporary parking lot and the spaces b up on Casa Loma and 6 Street that are currently being used by ~-wo Ge Janet Hall. The Applicant does plan to provide temporary parking. Ho comment provides for "landscaping, lighting, drainage and sidewalks". Mr. CL they are not planning to pave the property, but will be putting some type of and provide for lighting and marking. The Applicant does not plan to prowc drainage or landscaping since it is temporary. Mr. Rosenstock asked Mr. Currie how long would the temporary parking be Currie said it would be used for approximately 8 to 9 months. Mr. Rumpf stat landscaping is required. The parking lot would require minimum signage,; drainage. Mr. Rosenstock asked how a gravel parking lot could be stri ped. stated they planned to use telephone poles as bumper stops, which would individual parking spaces. Mr. Currie stated that putting in temporary draina( make sense since it would have to be tom Lip again in nine months. Mr. Cu there is some type of system for percolation that could be done. minimum and the ock asked ,refore the rom Casa ,lng taken ~rges and ~ever the de stated )ck down asphalt, sed. Mr. ~d that no s well as /ir. Currie entify the does not 'ie stated Mr. Rumpf stated the agreement does not delineate what the drainage should Rosenstock stated that there has £o be some type of drainage in place so people get out of their cars when it is raining there would not be a problem. Mr. Ron Dixon, of Dixon & Associates Engineers of West Palm Beach took tf Mr. Dixon stated it is intended to grade the temporary parking areas s, rainwater would sheet flow away from the parking and where this ~s not temporary depressed areas will be built for the water. Mr. Friedland asked cars would be parked in this temporary area. Mr. Currie stated this would be further. be. Mr. ~at when podium. that the possible, )w many iscussed With regard to Comment #31, Mr. Currie stated that a roadway couldn't be co~nstructed over muck or peat. Mr. Currie stated that the existing Casa Loma is constrlucted on muck and peat, as well as the new road leading to the bridge. Mr. Currie s~aid there were 23' feet of muck and it is impossible to remove the muck. Mr. Dixon slated that the comments from the Engineering Department referenced Article IV, Sectioi~ 10.E of the City's Land Development Regulations ane recited the last sentence as folio rs: "The 5 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 design of streets proposed in excessive muck areas shall be consid~ individual basis". Mr. Curde stated that in the developer's agreement it is a requireme developer maintain Case Loma and NE 6th Street and this will not be a m issue for the City. Chairman Wische noted that was recited in comment #32. Mr. Curde addressed Comment #73 that stated "The road will be constrl e evatlon of .~5 6. Mr. Currie stated this should state "at minimum". Mr. Cur lowest point they are building is 5.6 and it will be higner in many places. ed on an t that the lintenance ;ted at an e said the Mr. Rosenstock stated that the copy of the staff comments in his packet list( J this item as Item #74. Mr. Currie said that in his copy it was Item #73. C'hairm n Wische concurred that his comments also stated Item #74. Mr. Rumpf informed the Board that a new set of comments had been furnished to all Board members and requested members refer to the new set. Mr. Rosenstock stated he did not receive a revised set. Mr. Rumpf stated [hat there were no changes in the comments, and the only changes were to ~hanges in the Building Department comments. Mr. Currie recited Item #76, which stated the developer must provide parkii~g for 450 cars and Mr. Currie said this was an impossibility. ,~lso Items #50 and #65 reference temporary parking and contrad ct Item #76. Item #65 states a mln mum of .~4 parking spaces be provded the exact number is unknown until temporary parkino ol ans are · submitted. Mr. Currie stated there is a b g difference between 94 parking spaces and 450 parking spaces. Mr. Rosenstock inquired if the City knows the total number of parking spac~ s t wants the developer to provide. Mr. Rumpf stated that staff requests 94 parking si: ~ces. Mr. Currie stated the developer would provide 94 spaces. Mr. Rumpf state~ that the developer needs to meet the requirements of phase 1 as well as the adjacent Jses. Mr. Currie stated they would be able to meet these requirements. Mr. Steve Ball, representing M~'. Garcia, took the podium and stated the .~ ~ parking spaces.took into consideration that there would have been a gas stop, plu., a marina store and that would have eliminated some of the parking. The temporary arking lot will be operated for Two Georges and Janet Hall's operations. Mr. Ball :ated this would be maintained during phase' 1 of the construction and the marina wc Id not be operating. Mr. Rosenstock asked when the project is completed, how many parking s ,aces will there be. Mr. Ball stated 505 spaces, including the garage. Mr. RosenstocI asked if the City was satisfied with the parking requirements. Mr. Rumpf stated that th parking requirements could be calculated in two different ways. The first way woul I be how 6 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 they were presented on the plans, which requires more strict ratios. shopping center ratio for a combined use site. Also the CBD perm requirements to be reduced by 50%. The developer does meet those nee( comfortable in accepting the parking since the City is going to go through ar comprehensive shared parking study for downtown. Staff applied a :s parking s. Staff is elaborate, Mr. Rumpf requested that the Board consider deleting Comment #76 that de; 450-car requirement. Chairman Wische asked Mr. Rumpf if he had an' comments and he said he did not. Chairman Wische opened the public hearing portion of the meeting. Chairf requested that all persons wishing to speak on this item to be as brief as speak only for three minutes and that everyone would be allowed an ow speak. David Geller, stated he has been a resident of Florida for a long time and h Is with the additional in Wische )ssible, to ~rtunity to ~s been at the marina for 43 years and thinks the City is missing the boat. Mr. G 41er felt if apartments were placed at the marina that tourists would not wa k down to tl~e marina. Mr. Geller stated Boynton Beach s noted as the sailfish captal of the worl~l and this would be taken away from the people, The marina should be saved forlprospedty purposes for the younger generation. Mr. Geller said there are enough lapartment J~otJses and felt this ~ould not help the downtown area. A marina wil~ help the downtown area and the City should have bought the property many year:; ago and developed its own marina. Mr. Geller stated that during a moon tide, the w;Iter is four to five inches over the road and a sewer system will only back up and woul~ drain out only when the tide goes out. Rick Rossi, 625 Whispering Pines, Boynton Beach, stated he is present t, citizen and also as a civil engineer. Mr. Rossi said that the project needs and that there wereno facts presented. T,h,e proje,,ct should come back one Mr. Rossi stated that Mr. Kastarlak was no dummy. light as a ~ go back ~ore time. Dee Zibelli, 440 OCean Parkway, Boynton Beach sa d she was confu,~ on the r ' · .I . p oject. Ms. ZIbel i said she appeared at the Commlss on meeting with h~ r concern about the 229-unit .apartment building and the Parking. Ms. Zibelli stated th at if there wore 229 apartments, most apartments would be occupied by two people with two cars. Two cars equate to 458 spaces and would probably take some of the pub i~ spaces. Ms. Zibelli is concerned about traffic problems and stated the project should ~onsist of 120 luxury apartmedts. Ms. Zibelli stated that rentals are very lucrative for the first four or five years and wondered about the management of the building after that tin le period. 7 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 / Mr. Rosenstock asked Ms. Zibelli if she would approve of the project except for the traffic and parking Ms. Zibelli said she would not approve an 8-story pro[iect. Ms, Zibelli stated that if the project were to revert to four stories and 120 units she would go along with the project to this point Ms. Zibelli stated that the open spaces should be maintain ad and that the project appears to be crowded. Mr. Friedland questioned Ms. Zibelli's theory that every family would have tw( cars. Victoria Costello, 406 South Seacrest Blvd., Boynton Beach said she ha Boynton Beach since 1959. Ms. Costello stated she served on the City'~ Board and that the Palm Beach Post did a study of the Town Center in Boca Palm Beach Mall and the Boynton Beach Mall and that Boynton Beach h~ traffic pattern. Ms. Costello said she could hardly get into the Two Gc weekend. Ms. Costello stated she attended last night's Commission/C Commeme Workshop at which it was stated that the City's Development De[ seriously understaffed. Ms. Costello said that the marina project will define Boynton Beach and as a resident :of the City requests that the Planning Bc from approving any changes in the marina area until the City Departments d developments are fully staffed. Janet Hall stated that she and her family own the property on the south sic Loma. Ms. Hall expressed her surprise that the development turned into a apartmentI and Ms. Hall stated that a number of items impact her propert adjacent to the Two Georges. Ms. Hall stated she had always been mpressio ~ that Casa Loma was a .City street and now finds it is being counting [ arking spaces for the project and objects to this. Ms. Hall said tt turn arour d on the north side is on property she owns and comes out into Ms. Hall n ~ted that if the City would no longer maintain Casa Loma, it shoul~ back to th, ; property owners on each side. Ms. Ha stated no one has appro about the ;)0' turn around on the north side of her property. Ms. Hall further Casa Lorr a Boulevard is being raised so that all the run off would wash property. Also, Ms. Hall questioned if the street is curbed, wou d the residen to use the Istreet for parking and that there would be no cuts in the curbing for to get ont9 their property. Ms. Hall reqUested that the Board consider the ir the projectlhas on other people's property. Chairman W~/~ische requested that Mr. Rumpf address the drainage ssue rais. Hall. Mr..Rumpf said he was not an expert on drainage, but did state that en requirements arid drainage structures a~e intended to eliminate drainage im[ drainage Will be retained on site and will be ex-filtrated to pipes in the groL areas approved by the drainage authorities Mr. Rumpf said [hat attempts made to ~liminate these types of problems. 8 resided in Planning {aton, the ~ the best )rges this amber of artment is he City of trd refrain aling with ,~ of Casa rge rental which is ~nder the eased for ~t the 90' qe street. be g~ven fched her Iated that ~way her s be able residents ~act that by Ms. ~lmeering act. The id to the ~re being MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Mr. Bill Skaggs said he is the owner of the Two Georges Restaurant witl and has been in business about 42 years. Mr. Skaggs said that this p~ morning there were 88 care parked o~ Casa Loma Boulevard, even Restaurant was opened Mr. Skaggs stated that on weekends the area is ~ locked. Mr. Skaggs said that the project is going to cut down on parking tremendous amount of residential and commercial space and feels this v disaster. Mr. Skaggs finds it strange that the cul-de-sac is in the middle o: an.d feels it is the intent of the developer to end the street where the prope prime to build in order to obtain the highest rents. Mr. Skaggs said he emi: 60 people or 25 per shift on an average day, Mr. Skaggs said there would parking for his customers on Casa Loma Boulevard. Mr. Skaggs said th; Manager, the Mayor and Mr. Kastadak visited the property and pointed o~ where the cimle is intended. Mr. Skaggs said no one is going to walk hundred yards.to his restaurant for a sandwich or any other restaurant. stated there are dive boats lined up along the dock, as well as Ms. HSlI's fishing boat alone can hold up to 45 to 50 people. Mr. Skaggs said that con restaurant holds approximately 150 people and the restaurant :being propos about 150 to 200 people, there will be massive gridlock. his family st Sunday 3efore the Iready gdd ~nd add a ~uld be a the street [y is at its oys about ot be any t the City the area )0 to 500 '. Skaggs ~ck and a Jedng his d to hold Mr. Skaggs said he was not opposed to the project, but would like to see it eveloped with the needed parking. Mr. Skaggs said that he met with the .City Manager and the Mayor, together with h s architect, and presented a proposal that would nclu~l~ drop-off p0i~ts for people to drop their equipr~ent off and go back down the roa~'j- At that meeting th~ Mayor thought it was a very good idea. Mr. Skaggs said th~Jt he was assured that his proposa was to be given some kind of consideration but every t me he attends a meetir~g, nothing every changes. Mr. Skaggs feels that everythin~ is being done for the developer and the people who have be~n here for years and ~ears are being pushed away. Bruce Black, 629 SW 1st Avenue, Boynton Beach said his concern is that be eight floors to the apartment building and has not seen on the plans building would be constructed of, or what the building would look like. requested that the developer inform him what the building would look like. said he liked the project, but needs more information. :here will ~hat the Hr. Black tr. Black Secondly, Mr. Bl,.ack is concerned about thee, public access to the north and so th which is said to be 28 wide and asked if the 28 was ceiling to sky or wou d ther~ be roof overhangs from tlie retail shops. If there were, t would be a lot narrower and uested this be clarified. 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Chairman Wische requested that the Applicant answer all questions at the ~end of the public audience. Barclay Garnsey, 326 SW Ist Avenue, Boynton Beach and said his farr~ly owns a business on adjacent property to the south of Casa Loma. Mr. Garnsey questioned the assumption that the developer has worked with all adjacent property owners md he has not had any contact with the developer or his agents. Mr. Gamsey said th~: in earlier staff comments, there was a comment that if less than 100% of required parking is provided, then all parking has to be open to the public~ Mr. Garnsey ~ked what happened to this comment. Mr. Gamsey said that Item 18 states that the developer is to agree to make ~ proposed improvements at the developer's cost and said this was in the original plan Now the developer wants the improvements to be done by the City. Mr. Garnsey qL .~stioned if adjacent property owners have to pay for future improvements. Mr. Gamsey also questioned the placement of the dumpsters. The develc er's plans show the dumpsters will be placed in front of h s property and askeC f he wa'. go ng to have to share this dumpster. , Mr. Garnsey said that all the developer s handicap parking spaces are in f~'~ nt of the dive shop building. Mr. Gamsey questioned why handicap spaces would beI in front of his shop for his customers who have to carry dive tanks into the dive,,, ~op. Mr. Garnsey stated that the handicap parking should be in front of the developer.~ property. Lastly, regarding Item 73 regarding the height of Casa Loma E~oulevard, wi _5.6 inches and the developer, wants "at minimum or even higher". M~ asked how this height would relate to the current height of the road, as v height of the adjacent property owners. Mr. Garnsey feels the developer sho ramp up to his property and leave the road at the level that it is. ich states Garnsey 911 as the ~ld build a Scott McCary, owner of Dive Shop 2 and rents from Mrs. Hall spoke next. said that his shop can attract 60 divers with three trips per day and each dj' approximately 40 pounds. Mr. McCary stated that the divers would have to equipment to get down to the dock and then carry their equipment back Ul efficient for those persons to park in a remote location, and Mr. McCary sai¢ have to figure out how to get the divers from the parking location back to t. area. Thi~ is a problem for people who are trying to make a living. Mr. M( that of the 505 parking spots, 300 would be allocated to the apartments and about 200 for everyone else, including three restaurants. Mr. McCary ,, keeping his eye on the "owner of the magic wand" who-is supposed to problem go away. 10 Mr. McCary er carries :arry their · It is not he would e loading ,";a ry said leaves aid he is ~nake the MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Mr. Johnson, a tenant of Janet Hall said he has a business on NE 6th Johnson said currently the State and City are putting a new street where ti starts up to the Banana Boat. Mr. Johnson said aJ this property is at sea JohnSon said the developer's property should be raised through landscar than have the rest of the property owners sitting in a hole. Mr. Johnson ask street level was being changed in the middle of the street. Ms. Judy Andrews, daughter of Janet Hall, took the podium and asked he turnaround on the north side of the property on 2nd Street is to the suc¢ property. Mr. Rumpf stated that if the details of the road cannot be worked out n t rr alternative location for the trash system for the apartment complex would I determined. Mr. Rumpf said this does not negate the need to provide sot emergency pathway. Ms. Andrews asked if the project could be approved before the details of the' are worked out. Mr. Rumpf said that the items in the conditions of approval worked out prior,to the issuance of permits. Ms. Andrews stated that the ~ ap,peats to be 60 on her property. Mr. Rumpf said the location of the turn a 50 on the Hall!property. Ms. Andrews said there has bee~ no communicati, this would be done. Ms. Andrews said she would like to see the project wo the Parking situation needs to be defined and there needs to be more com~ among the parties. Ms. Andrews said no one has approached her reg; acquisition of this property. Street. Mr. ~e property level· Mr. ng, rather ,d why the vital the 9ss of the ,~, then an ave to be ~e type of Jmaround ave to be Jrnaround 3und was n on how k out, but ~unication rding the Mr. Rumpf stated there are times a developer comes to the City and is caugh off guard by certain requirements. Mr. Rumpf stated that the addition of the cul-de-ss: was the result of the City's request for min mai turnaround access. Mr. Rumpf further ~ lated that if arrangements cannot be worked out with the property owners, this wo~ require relocation of the chute compactor. Herb Suss, resident of Boynton Beach Quail Run took the podium and sai( too many unanswered questions. Mr. Suss stated he was for the project, but 8-story building,and this could create density problems, as well as pollution with all the additional parking. Mr. Suss stated that more police and traffic con be needed. AlsO, Mr. Suss said he would like to know what the building would Mr. Joseph Skaggs, co-owner with his brother of Two Georges Restaurar reviewed some of the transcripts and was surprised to see this issue again. M stated this issue was addressed about 18 months ago before the street would 11 I lere are lainst the 3roblems roi would ook like. said he · Skaggs be given MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY ~), 1999 to the developer. Also, all the parking spaces are being contributed to the all the parking was to be shared parking. Mr. Skaggs said that every Co~ agreed to the shared parking, as well as the developer and everything was Mr. Skaggs said now everything is changing and this is not right. It was in1 the parking would be shared among the property owners. Attorney Martin Perry, representing the Skaggs family and the Tw( roject and 1missioner ~igned off. ended that Georges Restaurant took the podium. Mr. Perry stated there is a history of corresp( ndence in meeting with the City to express concerns referred to by the Skaggs this evcmng. Mr. Perry Stated that the projeci seems to be planned with little consideration to the property owners along the south side of Casa Loma Boulevard. Mr. Perry stated that ~he current property owners will be well below the elevation of the street and that curbing abutments will be constructed as part of the street which is part of the drainhge plans. Mr. Perry raised concerns that these .p, roperty owners will be flooded because drainage had been from the Skaggs property nto drainage inlets in the Perry ~stated they had filed a petition objecting to the issuance of a Dep~ Envi~'onmenta! Pollution permit that resulted in ~ meeting and a number of il discussed at that meeting. The only item reflected in the current plan isthe r6 the drainage inlet so that the property wou d not flood once the improveme Mr. Perry ~iated they entered [~to a stipulation dismissing the pet t on for adr bearing before the State on the 'assurances provided by the City tha~ th, owners' concerns would be addressed Mr. Perry stated that his clients hay( with the location of the cul-de-sac and that the (~nly Way the Two Georges could be accessed would be from the cul-de-sac (Mr, Rumpfpointed out the overhead). Mr. Perry stated that there is only one point that a person can e: de-sac as there is a curbing around the restaurant. You would have to wal~ point, down a sedes of sidewalks to get to the restaurant. '[his is also the ~ unload service delivery trucks and for patrons to enter the restaurant. Mr. Perry asked Mr. Rumpf to point to the Two George's current existing which runs along the west side of the building to Mrs. Hall's property, whic around 13 to 14 vehicles. This parking lot can no longer be used and will be feet below the grade level of the street. Mr. Perry asked why can't the road down into the area since this is the area that has been used for many years for the dive vehicles and access to the restaurant. This could be used as point. Mr. Perry stated the property owners feel threatened about the poss these improvements will cause them damage and [here has been no consid~ how to address these problems. Mr. Perry said that no one wants to stop ti' but the project has te work for everyone. Mr. Perry stated people have be6 from all areas to Two ;Georges for many, many years and it is a landmark in th traditional reet. Mr. trtment of ~ms were 3cation of ~ts are in. inistrative property concerns estaurant ea on the it the cul- from that ly way to ~rking lot can park bout 2 % / ramped r parking drop off )ility that ration on ; project, coming City. 12 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Chairman Wische inquired if there was anyone else who wished to address this matter under th e Public Hearing. Hearing none, Chairman Wische closed the Public Hearing. Chairman Wische stated the Applicant could have time to rebut. Bruce Jarvis, 302 NE 8th =Street, Delray Beach took the podium. Mr Jan/is said he is a residential developer of phase 2 of the marina project and what is bein.g presented this evening, are conceptual plans. Mr. Jan/is said that the process up to dat~ has been a cooperati~,e environr~ent ~th the City Mr. Jan/is said that building on n~f sites is d ~cult. Mr. Jan/is said of the 79 Comments, they are only objecting to seven or eight items and that four are clarification items. Mr Jan/is acknowledged that there wou d be incon?niences that center around parking and these inconven ences exist ~oday with the bridge construction. Mr. Jan/is said he would suffer the same inconveniences that the existing businesses are suffering and that during many meetings with the proper~y owners, n(~ one has offered to pitch in to pay for anYthing. ~ Mr. Currie said there were a lot of comments that were well founded. ~r. Jarvis indiCated that he wants the project to work for everybody and that he wants the Two Georges and Janet Hall to be successfu .. Mr Curde stated that the 505 park ?g spaces were ;~he result of the recommendations of the traffic engineer, but they can be changed if they are not right. Mr. Currie stated they met with the architect of the Tw( Georges regarding access and the parking arrangements had been agreed to. The remain ng was who would cut the curb and the City said they would cut the Curde indicated that the Two Georges' architect would work out the transitio~ level down to the restaurant and would get back to Mr. Currie and there discussions on this issue. Mr. Currie stated that the 8-story building would be 64' from the line to wh~ slopes up. The office building behind will be 50' and it is not a high rise. TI' 20/20 document suggests an 8-story building. Mr. Currie stated with regard to the police ~ssue, by making the street more with amenities, lights and nice places to go to, there are no security problerr the people using the amenities. Mr. Curde stated that Mrs. Hall ~s correct and that the applicant needs to turnaround with her and it was an expedient solution that came in at the la,~ Mr. Currie said if Mrs. Hall was not agreeable to the cul-de-sac, the applic~ have to fine another solution. Mr. Currie also stated if the Promenade intended, it would not be necessary to have the cul-de-sac. With regard to access to the docks, there are two ramps, plus stairs for peo[ their equipment to the docks. The road will be built at code and there w 13 )nly thing curb. Mr. from the tve been the roof Visions ~ttractive with all uss this minute. ~t would built as .~ to get be no MEETING MIN UTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 drainage on anyone else's property. Mr. Currie stated they are required to p th Mr. Curule further stated that the project from Casa Loma to 6 Street approved and there is a legal document evidencing this. The permits can bE to build that portion of the site and the docks are ready for construction. Mr. Currie stated the dumpsters were placed where the City indicated they, dumpsters. Mr. Curde stated with regard to the character of the building, the buildin¢ would be consistent with the two-story buildings that have al ready been approved. -I: e building would have horizontal siding, hardy board (like the Sunday House in Deln Beach), standing seam metal roofs, pastel colors (blue, pink and yellow), with nautical character to go with the neighborhood. With regard to the parking issue, Mr. Curne noted that 35% of the apartmer ~ are one bedroom, which dneanS most Would have one car. The height of the floor sial s must be 7.6' above the water accord ng to the code. Mr. Currie said the entire edge of the water is accessible to the public ancJ wants the public to enjoy the area. None of th~ buildings go to the water. ~ce curbs. has been picked up Canted the Chairman Wische thanked Mr. Curr e for his comments and asked for coments from the Board. rrr Mr. Rosenstock nloted thal most concerns from the audience were the parking and the elevation of the read. Mr. Rosenstock stated that in cities today it is not uncommon to have to walk to a restaurant and people in this area are used to pulling up to ti te front of store and walk ng fn. Mr. Rosenstock pointed out in Miami Beach and in oiler major cities there is vafet park ng for the restaurants and when there is no va E: parking, people have to wa k to their destinations, sometimes five to six blocks. Mr. R ~senstock has said on many occasions that parking should be the biggest problem in Iowntown Boynton Beach and if it becomes a problem, it would become incumbent up¢ the City and other persons to build a parking garage like in other cities. Mr. Rosenstock favors mixed-use and the people living in the downtown artments would shop and use the facilities. Mr. Rosenstock further stated that a parl~ing study was done about eight to ten years ago on the number of parking spaces available and there were several hundred. Mr. Rosenstock said he would like to sec a lower apartment building, but the developer needs to make a profit and if the apartm ~nt meets the City codes, this must be accepted. Mr. Rosenstock pointed out that tonight's hearing was a conditional us; and is concerned about the elevation of the road and the drop-off for deliveries. Ho~ ever, Mr. R osenstock noted most deliveries take p ace early in the morning and between lunch 14 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY ,9, 1999 and dinner and deliveries can ce regulated. Mr. Rosenstock stated overall that the project is meritorious and deserves the support of this Board and that these problems can be worked out during the process. Mr. P, osenstock said you couldn't b~ lid a moat around the City and stop development. Mr. Rosenstock believes in progress ~nd wants to see a viable downtown that would generate more sa es taxes and propert~ taxes and would be amenable to all people living in the area, as well as attracting p ople from other areas. Mr. Rosenstock hopes that ail the problems expressed tonic ~t can be worked out and that the project has his vote. Ms. Cleary said she has studied the designs of the apartments and they ap ear pretty sad to her and do not represent FlOrida. Ms. Cleary said these types of buildi~ gs can be found up and down Military Trail and look like English Muse. Ms. Cleary said ~he would like to. see something better than what was presented and that the devel~ er should come ~ p with a more open design. With regard to the emergency access, Ms. Cleary said she has bee~ attending Community Redevelopment meetings 1982 and asked how an ambulance ~ould turn around. Mr. Myott said he has gone over the plans for a few days and for a project ~ this size expressed surprise that there was very little information and has a concern bout this. Mr. Myott said it is difficult for everyone to understand a set of drawin~]s of this magnitude. A project of this size should have a model presented and it iwould be beneficial if the project had been placed on a 4 x 8 sheet of plywood and everything would be visible. Mr. Myott said he did not know what the colors were or the materials of the building and usually these specifications are furnished to this Board. said that one of the finest architects is working on the project and feels the pro be good when completed. vlr. Myott .~ct wouic~ Mr. Myott also has a concern with the relationship between the phase 1 ele~ ~tion and the phase 2 elevation. The rapid dse to this area should be further addressed. Aisc, Mr. Myott is concerned about the ~ssues that the adjacent property owners rai ,ed. Mr. Myott noted that the ground floor of the apartment building does not have eno ~gh room for bathrooms in the clubhouse and there are no amenities on the entire first' ocr, only shops and some rental units. These issues need to be worked out as well. ~r. Myott feels that the lobbies and shops should have a higher ceiling. Mr. Myott stated that the prc. ect needs more work, the public needs to be and more detailed information is necessary. involved Mr. Friedland said he feels there is room for improvements and the Board is ct ready to move ahead tonight, however, all he has heard tonight was negatives. Mr. :riedland 15 MEETING MINUTES PLAN NING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY stated no one remarked about another restaurant, stores and office Friedland stated that Village Royal on the Green, which consists of 880 uJ buildings, had a flooding situation on Victoda Boulevard, which is a City Str Mr. Friedland became President of the Association, he called the City and Mr 1999 pace. Mr. its and 14 et. When Mark Law was put in charge of the project1 Within several weeks, the flooding was ta ~n care of. Mr. Fdedland said the City has the know how on how [o deal with these situat OhS. Mr. Friedland said he was very much in favor of the project and feels this lis a much better project than the original boat barn. Mr. Friedla~d stated t is time thCt Boynton Beach had this type of development and that there should be more workshop~ and sessions to get the project underway as fast as possible. Vice Chair Reed stated that after listening to all the comments, it appeared that people approve and like the project in concept, but have concerns over Vice Chair Reed said the Board tonight was voting on a Conditional Use App~ Site Plan Approval. Mr..Rumpf stated that the Board tonight would be approving Conditional Us, for the multi-family projects in the CBD and major modification to the original The Board would not see this project back. Mr. Sherman said he would like the concerns of the abutters addressed. Mr felt the response from the applicant regarding the turnaround was not clea surprised that the abutters were not consultee Mr. Sherman would like assur this will be addressed. general details. )val, not a Approval Site Plan. Sherman and was ~nces that Ms. Frazier said she is very happy with the project and that the City will fin~ downtown and is extremely excited about the project. Mr. Myott asked Mr. Rumpf what type of meetings could be held to wrap up ends quickly. Mr. Rumpf asked Mr. Myott to be more specific. Mr. Myott sug,c if the project were put on hold and the City got together with the properl architects and developers and worked the problems out, what time would be Mr. Rumpf said certa n issues can be resolved and certain issues will not be the satisfaction of all parties. Mr. Rumpf said there have been numerous mc to date and it would be difficult to answer Mr. Myott!s question: Chairman Wische stated there seems to be a lack of communication and th~ him. Chairman Wische said he couldn't wait to see something develop~ particular area, but wants to make sure when something is built, it is right. Wische stated there appears to be fundamental problems, which could be w~ 16 ly have a the loose ;sted that ' owners, ~olved. solved to ings held : disturbs .ct in this .hairman rked out, MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 but he has to judge what is before him tonight. project is not ready for approval to be passed on to the Commission and th many loose ends that need to be addressed. Chairman Wische wants project move ahead, but in the proper way. In Chairman Wische's c~pinion the · ,re are too see the Chairman Wische recommended that the matter be tabled and that the appl back before the Board with the staff comments corrected since the project coming back. Chairman Wische asked how the Board could pass somethin haven't seen fixed. Chairman Wische noted that this Board has constantly ( that once a project leaves the Board, subject to staff comments, the Board ~ the project again and does not know if the staff comments are ever; Chairman Wische said that it has to be done correctly. ;ant come ~/ill not be I that they ~mplained ever sees ddressed. Motion Mr. Mvott moved to table the project as presented tonight for conditional us~ for th~ Boynton Beach Marina project for 229 apartments, 8,262 square fe space, a 152 seat restaurant, subject to resolution of staff comments satisfaction of adjacent property owners. Motion seconded by Mr. Sherman Attorney Cirullo requested to address the Board. Attorney Cirullo reminded that their actions taken are recommendatory to the City Commission and anything that needs to be considered between now and the City Commission may be addressed between staff and the applicant between that time. The Bo approval ~t of retail id to the :he Board there is ~eeting, it rd should take this into consideration when tabling the matter. Attorney Cirullo further Stated that the City Commission can do anything it wants to do with this Board's recomme~ndation. Attorney Cirullo stated that this Board has been presented w th all the fact~s'l that the Applicant and the City staff wish to present to the Board at this time an~ it is the Applicant's ob gation to meet whatever criteria is presented or necessady for this Board's approval. Mr. Myott asked for clarification. Attorney Cirullo sa d this Board could mov~ forward with an approval or denial of the application. The application is automatically blaced on the consent agenda and the City Commission can pull the issue from th~ consent agenda to be reconsidered by them, and who ultimately makes the decisi(n on this Board's recommended order. Attorney Cirullo said that this Board could moire forward on what has been presented this evening, but there is a motion on the floor. Mr. Myott stated his motion is to table the project and to further work on for more details. 17 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Chairman Wische asked Attorney Cirullo if this Board has jurisdiction to tabl Attorney Cirullo said the code was changed a couple of years ago that provide recommendations to the City Commission for their final review. Chairman Wische surmised it is the responsibility of this Board [o either pas the petition. Mr. Rosenstock added unless the developer voluntarily withdra~ Attorney Cirullo said was correct. ~ a matter. his Board Therefore, , or defeat to which Mr. Rosenstock requested that the deve oper state whether they are an~enab e to discussions within the next thirty days in order to address the concerns r ised here tonight to obtain some kind of satisfaction. Mr. Bruce Jarvis tz~ok the podium and respectfully requested that the B( ard either approve or deny their petition. Mr. Jarvis said that whatever he could do to :ooperate with the adjoining landowners, he would do. Mr. Jarvis said he has attend a great number of meetings where they have been present and n particular to ~he issues involving Two Georges Mr. Jarvis was under the impress on those issues Ihad been worked out Mr. Ja~is said no one to date has contacted him or anyone oh his staff relative to this project and the project has had enough publicity over the last t~ 'o months in the press Mr. Jarvis respectfully requested the Board approve or deny the petition. Mr. Myott withdrew his motion to table the item and Mr. Sherman withdrew s second of the motion. Motion Mr. Myott moved to deny the project as presented tonight for condii 3hal use approval for the Boynton Beach Marina project for 229 apartments, 8,21 square feet of retail space, a 152 seat restaurant, subject to resolution of staff ~mments and to the satisfaction of adjacent property owners. Chairman Wische passed the gavel to Vice Chair Reed. Chairman Wische ! the motion. Vice Chair Reed asked if there was any discussion on the motion. Mr. Rosenstock requested a roll call vote. Pat Frazier voted against the denial (Nay) Mike Friedland voted against the denial (Nay) Steve Myott voted for the denial (Aye) James Reed voted against the denial (Nay) 18 ;econded MEETING MIN UTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY Maurice Rosenstock voted against the denial (Nay) Lee Wische voted for the denial (Aye) Bill Sherman voted for the denial (Aye) Motion was defeated on a 4-3 vote. Motion denied Chairman Wische asked that the gavel be passed back and asked for anoth~ Motion Vice Chair Reed moved to approve the conditional use project to mixed-use project with 220 apartments, 8,262 square feet of retail sp~- seat restaurant, along with modifications to phase 1, subject to comments on the February 4, 1999 revisions, except Items #76. Motion by Mr. Rosenstock. Chairman Wische asked if there was any discussion. Hearing none, called f¢ the motion. Attorney Cirullo requested that a mil call be called. Patrick Frazier - Yes Mike Friedland - Yes Steve Myott - Nay James Reed- Yes Maurice Rosenstock - Yes Lee Wische. No Bill Sherman - No Motion carried 4-3. Chairman Wische declared a recess at 9:10 p.m. The meeting reconvened at 9:20 p.m. 2. Project Name: Agent: Owner: Location: Unisite at Quantum Park Andy Zitman Zitman and Associates, Inc. City of Boynton Beach Optimist Park at Quantum Par~ 19 ', 1999 motion. lstruct a :e, a 152 all staff ,~conded a vote on MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA Description: 3. Project Name: Agent: Owner: Location: Description: 4. Project: Agent: Location: Description: Zoninq Code VariancP FEBRUARY 9, 1999 Request to construct a 140-foot communication tower with antennas, equipment and access road. (Postponement Requested) Bible Church of God - Day Ca Shirley Waters Bible Church of God 1390 N. Seacrest Boulevard Request approval for a operation within an existing (Postponement Requeste~ Private Members Only Club Robert Fetrow 1107-1109 N. Federal Highway Request for approval to ; reuse an existing vacant buil¢ private club. (Postponement Requeste= 5. Project Name: Lake Eden Place AgentJOwner Deanna Patrick Location: South Lake Drive (Lot 14, Bioc~ Description: Request approval to allow an in the height of a propose, family home to 32 Y2 feet maximum of 25 feet. Mr. Martin Cheney, 3033 Spanish River Road, Boca Raton, Florida podium. Chairman Wische noted there was one staff comment, which stated "the hon situated on the lot to achieve reasonable side setbacks, and no setback var requested to minimize impact on adjacent properties". Chairman Wische asked if there were any additional staff comments. 2O Center ay care Jrch. laptively ng for a 1) ncrease single om the ook the shall be nces be MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Mr. Rumpf referred the Board to the fax that was handed out regarding a res .~onse from one of the property owners in the neighborhood and up until this time, st~ff was not aware that tber'e was any opposition frown property owners. Mr. Rumpf said there is also another issue, which involves vegetation. Mr. F~umpf said that staff made known that vegetation should be maximized and maintained o~n site. Mr. RumPf stated that staff has re~:e veda commun cation that many trees on sit,had been "red tagged'' for possible demolition. Mr. Rumpf said there are ~ lot of matule trees on the site ~nd eXisting vegetation can have a cal~n ng effect on the transition of properties. Mr..Rum,pr asked the representative of the applicant to inform the Board and ~taff of the applicant s plans to retain this vegetation and to address the concerns o~ adjacent property owners. / Mr. Cheney requested to make a presentation before responding to Mr. R~mpf. Mr. Cheney stated he was a commercial developer and has sought vanance~ on other property that he has developed and stated that he was the father and fathE Deanna and David Patrick, respectively. The applicants feel that increasing of the home will increase the market value of the home in the event of art Cheney stated for a home [o be truly marketable in this price range it is es., floor heights of 10 feet be achieved. In adding trusses, the 25' maximurf exceeded. Mr. Cheney stated that most municipalities in surrounding cities and have a maximum heights allowed for a single family residence is 35'. '-in-law of he height sale. Mr. .~ntial that height is towns Mr. Cheney stated that the home would cover less than 10% of the total site area. The applicant could have chose to be a single-family residence, thereby imp¢cting the vegetation greater than what they are doing if they were to develop 5,000 sq~uare feet. The two-story building will be 2,500 square feet. Mr. Cheney further state8 that the construction of this home would result in a positive increase in the City's tax b~tse. Chairman Wische announced that this was a Public Hearing and asked if any audience wished to address this ~ssue. Mr. Jeff Leggio took the podium and stated he lived across the street from t~ said the neighborhood consisted of older established homes and to have one would go 32' would change the character of the neighborhood. Mr. Leggk against a two-story home, but said a home with 10-foot ce ngs would not fit Mr. Leggio stated that a lot of mature trees would have to be taken down, lel perimeter trees. Mr. Leggio requested the variance be denied. ,ne in the e lot and ome that was not ~n. Also, ¢ing only Ansuya Kalra, M.D., took the podium and stated his property adjoins the p the south side. Dr. Kalra had a video camera with him if any Board member view the property. Dr. Kalra stated his home on the south side is all glass 1 21 )perty to fished to ~cing the MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 1999 applicant's property and he would lose his privacy. Dr. Kalra also sa approached about the vegetation on his side being removed and a fence b on this side of the property. Dr. Kalra said he ~s opposed to the variance. Mr. Al Till, 3845 South Lake Drive said he lives on Lot #5, which is acros from the property on a southerly diagonal direction. Mr. Rumpf pointed ou the overhead map. Mr. Ti] has no objection to a wonderful upscale home be the lot and that this area ~s already a very upscale area and all prop~ waterfront property. Mr. Till stated they welcome new neighbors and the nei is very Social. Mr! Till stated the applicants should ab de by the height regul; .other ~roperty owners have. Mr -~ said the house would tower over any otl ~n the.neighborhood and did not agree that the house needs 10' ceil marketable. Mr. Ti requested that the applicants stay within the existing regL Mr. Donald Brian, 916 SW 38th Court who lives at the end of the cul-de-s~ the street to the north of the applicant's properly, took the podium. Mr. Rum[: this location on the overhead. Mr. Brian welcomed the Patricks to the neigh~ well and said he has lived in the neighborhood for 15 years in a house he de.. built himself. Mr. Brian said he has a two-story house and t/~e height, of ti point of his roof is 24'6". Mr. Brian said he had ceilings in his house that e feet. Mr. Brian said that what the petitioner is proposing is actually another s' the two-story houses in the neighborhood and requested that the Board petitioners' request and not to set a precedent in the neighborhood. Susan Harris, 3825 South Lake Drive, lives on the north side of Mr. Le~ Harris stated it appears that most of the trees on the lot have been markec~ down. Ms. Harris hopes these problems can be resolved and the Patricks living in the neighborhood. Chairman Wische closed the public hearing portion. Chairman Wische asked if there were any comments from the Board. d he was ing placed the street the lot on ~g built on les have Ihborhood tion as all ar houses gs to be ations. which is indicated ~rhood as gned and e highest ceeds 22 Dry above deny the lo. Ms. to be cut Iwill enjoy s. Fraz~er asked the applicant if the house was a spec-house. Mr. Cheney .~ ated that the appiicants intend to raise their family in the houSe and requested to addr ,ss some of the issues raiSed. Mr. ~;heney said that the applicants could have built a 25' house with a flat roof that would be unattractive. Mr. Cheney Said the applicants ha~e certain rights t° build ahome on lheir property and by building a two-story hoUse w~uld have less impact on the vegetation than a 5,000 square foot single story home, M Cheney further stated there have b~en changes in Single-family homes oVer the years. 22 MEETING MIN UTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Mr. Rosenstock asked when the property was purchased and wasI informed approximately two years go and also asked if the applicants looked at the ced 9 before they purchased the property. Mr. Rosenstock asked Mr. Rumpf about the code regarding trees being cut down for the building of a residence and noted there is a code in the cit~ that when a tree ~ taken out there is a requirement that it be rep aced. Mr. Rumpf sai~ tlie Tree Preservation Code does not app y to single family homes. Mr. Myott said this is the second case [hat has come before the Board recently on ceiling height and asked Mr. Rumpf if they would consider changing the C~des. Mr. Rum~f said they have not and his recommendation is that each case be revi,e~ed on ts own merits. Mi. Rumpf said other jurisdictions do not measure to the top of the building but to some mid-way point. Mr. Myott did not think that enough informati n on the scope of the project has been presented for this Board to make a decision. Mr. Friedland suggested that a study be done regarding the heights of hon es in the surrounding area so that there could be bigger and better homes in the corem[ lity. Vice Chair Reed noted that in order for this Board to approve a variance six d onditions must be met and the Board must agree that those conditions apply. Vice C air Reed said that the six conditions have not been met. Mr. Rosenst~ck agreed with ice Chair Reed and said that the Board should have a list of th ~ six criteria to approve \~ variance in front of them at every meeting. Mr. Rosenstock said it is recumbent upon an individual before purchasing piece of land to find out what the requirements are to build a house. Also. Mr. Rose ;tock felt that the house would not be compatible with the existing homes in the neic ~orhood. Also, Mr. Rosenstock said if there were consideration to changing the cod, in the City, there has to be some kind of consideration given to what presently exi~ ts. Mr. Rosenstock said he could not approve of the project. Ms. Frazier asked if the applicant could build a two-story home. Mr. Rumpf said the applicant could build a two-story home with a 25' maximum height. Motion Mr. Rosenstock moved that, Deanna Patrick, the owner of South Lake Drive (Lot 14, Block 1), Lake Eden Place, request for approval to allow an increase in the h~ ght of a proposed single family home to 32 ¼ feet from the maximum of 25 feet be der .~d. Ms. Frazier seconded the motion. 23 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Vice Chair Reed stated his vote was based solely on the applicant not meeling the six criteria. Mr. Rumpf stated that staff was not aware of the property owners opposi project until tonight. Mr. Rumpf stated that it was a quality project and p, Board may wish to table the project so that that it could be coordinated with tt owners. Mr. Rosenstock stated he would be glad to withdraw his motion if the appli~ agree to Mr. Rumpf's comments. Mr. Myott asked if Attorney Cirullo wished to comment on the withdrawal of t, Attorney Cirullo stated the applicant could voluntarily withdraw its application Attorney Cirullo did not think it was appropriate for this Board to table a m( Rosenstock said under Robert's Rules, he has the right to withdraw his motk applicant can voluntarily ask for a postponement. The petition would COl agenda and be placed back on at the applicant's request. Mr. Cheney consult with the applicant. Mr. Cheney respectfully requested that a vote be postponed. Mr. Rosenstock withdrew his motion. Ms. Frazier withdrew her second of the rr Attorney Cirullo stated the applicant could voluntarily request a postl: Chairman Wische asked if anyone was opposed to the postponement of the at There was none and the postponement was agreed to. B. SUBDIVISION _Master Plan Modification Project: Agent: Owner: Location: Description: ~on to the rhaps the -= pmperb~ ~nt would e motion. although [ion. Mr. 3 and the e off the Jested to )tion. )nement. 31ication Shoppes of Woolbright - Home De ~ot Tool Rental Center Steven Tate Caulfield and Wheeler, Inc. Home Depot North of Woolbright Road and eas of the LW, D.D. e-4 Canal Request to amend the approved master plan to move 2,789 square '~et of approved/undeveloped space to Home Depot, to modify parking circulati~ aisle 24 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 and loading area, and correct parl calculation. Mr. Steve Tate, of Caulfield and Wheeler, Inc. of 7301 West Palmetto Park Raton took the podium. Sketches of the property were presented to the Board for their review. Wische Stated there were three staff comments. Mr. Tate said that the proposal is to transfer 2,789 from the proposed retail c( northwest corner of the site to the Home Depot Store to provide for a rental added to the store. Secondly, to modify the parking in front of th( accommodate an additional loading and unloading area at the southwest cc third request is to add a pick-up area in the rear of the building for contractor large load pick-ups. Mr. Tate also said that in preparation of the master plan was r~oticed there was a Miner discrepancy in the parking and he is opportun tyro correct the parking, wh ch has increased tt-;e parking by 17 spa( lng space oad, Boca Chairman lter in the nter to be store to 'ner. The ~ use and revision ii ~king the With regard to the staff comments, Mr. Tate stated one will be taken care at 1 permit. The landscaping is being addressed at the moment and will be shortly and the third one has been corrected. Ms. Frazier stated she had stock in Home Depot and because of this rs una[ which was concurred by Attorney Cirullo. Mr, Rosenstock asked how many rides per day to the store does the anticipate regarding the addition Mr. Tare said there would be no additic because it is a transfer of the square footage. Mr. Rosenstock. ~e time of ~ubmitted e to vote applicant al rides, Mr. Rumpf clarified the additional trips for Chairman Wische stated this was a public hearing and asked if anyone in the jaudience wished to address the issue. Hearing none, Chairman Wische closed tt~e public audience. Motion Mr. Rosenstock moved that this Board approve the request to amend the approved master pian for the Shoppes of Woolbright - Home DePot T°ol Rental CenterJ north of Woolbdght Road and east of the L.W.D.D. E-4 canal to move 2,789 Squar~ feet of aPproved undeveloped space to Home Depot, t° modify parking circulation ~isle and loading area, and correct parking space calculation, subject to all staff comments and provided that Home Depot take aggressive steps to improve their landscapin: around 25 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA the entire property. Motion seconded by abstaining) FEBRUARY 9, 1999 2. Project: Agent: Owner: Location: Description: Mr. Friediand. Motion carried 6-0 Foster Farm PUD (fka Foster Mil Julian Bryan Julian Bryan and Associates Continental Homes of Florida North side of Miner Road, om west of Congress Avenue Request to amend the approv( plan to increase building heigh feet to 30 feet, and to add plan d6 as privacy fence, private recn entry wall/signage locations. Is. Frazier half mile master from 25 ails such tion and Julian Bryan, took the podium on behalf of the Applicant. Chairman Wi,~ there were 13 staff comments and asked if the agent wished to address or comment. Mr. Bryan said they have reviewed the comments and have no pn the comments and wilJ abide by all the comments. Chairman stated this is a public hearing and asked if anyone in the audience address this issue. Hearing none, closed the public hear rig. Chairman Wische asked if staff had any comments. Mr. Rumpf had no comrr ;he noted :larify any blem with vished to .~nt. Mr. Rosenstock asked what the average price of the homes would be. Mr. Bryan said the average price would be approximately $150,000, base price and thel range is $120,000 to $170,000, not including oversi~.ed lots Mr Bryan said there ~vere n ne models being offered in the community of which four are two-story homes~ and Mr. Bryan noted that this request is not a vad,ance and should be considered ~ use by right. Mr. Bryan said he should have put 30 in the application originally and vas used to having height construction being interpreted as the mid point between the ~scia and the ridgeline, as with the County. Ms. Frazier asked to view the pictures of the models. Ms. Frazier stated t homes were very nice~ .Motion Mr. Friedland moved to approve the request to amend the approved mastE increase building height from 25 feet to 30 feet and to add plan details such s fence, private recreation and entry wall/signage locations, on the north side 26 plan to privacy Df Miner MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 9, 1999 Road, one-half mile west of Congress Avenue, subject to all staff comments. Motion seconded by Mr. Myott. Motion carried 7-0. C. SITE PLANS New Site Plan 1. Project: Agent: Owner: Location: Description: Foster Farm PUD (fka Foster Mill) Julian Bryan Julian Bryan and Associates Continental Homes of Florida North side of Miner Road, one. west of Congress Avenue Request for ·site plan appr~ landscaping, perimeter buffer, areas and signage. Chairman Wische requested that Mr. Bryan remain at the podium and noted 1 13 staff comments on this item. Mr. Bryan said they agreed with all staff com~ Chairman Wische stated this was a public hearing and asked if anyone m the wished to address this issue. There were none and Chairman Wische public hearing. Motion Mr. Sherman moved to approve the request for site plan apprOval for lar perimeter buffer, common areas and signage for F°Ster Farm PUD on the no~ Miner Road, one-half mile west of Congress Avenue, subject to all staff cc Motion seconded by Mr. MyotL Motion carried 7-0. _Ma|or Site Plan Modification Project: Agent: Owner: Location: Description: Guardian Storage - signage appr~ Mark Gregory Carl Touhey 3450 S. Congress Avenue Request for approval for site and, signage. 27 lair mile val for :ommon ere were ants ~udience )sed the scaping, side of ~ments. val .uilding MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 6, 1999 Mr. Mark Gregory, 3000 Jasmine Terrace, Delray Beach, took the podium. Chairman Wische noted there were three staff comments and asked the applicant if h wished to address any comment. Mr. Gregory said that they accept all three corr would like a clarification on regarding "site signs" and "pylon signs". Mr, Rumpf stated site sign is the free standing sign or the property sign. Mr. Rosenstock Inquired as to the location of the building and the agent stat, South Congress across the street from station WXEL Mr, Rosenstock aske( landscapin~ and Mr. Rumpf stated it met minimum code. Mr. Rosenstock sai not vote for this issue unless he knew the landscaping plans. Mr. Rosenstol the City has just spent $30,000 to landscape the medians. Mr. Gregc members to the landscape detail that was provided by the landscape arc Rosenstock said there were only seven trees in front of a building. Mr. Rumpf said that site plan approval is not on the agenda tonight. Mr. that the site plan and landscaping had been approved The only condition ¢ was that the signage be brought back to this Board. Mr. Rosenst°ck request~ landscaping be made more dense. Mr. Gregory stated that the landscaping h~ been approved and that he had no authorization to change the landscal Gregory stated he was present tonight for the wall sign on the buildi~ freestanding sign. The owner anticipates opening in about thirty days. Mr. Gregory asked Mr. Rumpf to confirm that the Board had approved the p Mr. Rumpf said it has gone through the site plan approval process, Ms. Frazier asked how many colors were in the sign and Mr. Gregory said tJ three colors in the sign Mr, Gregory stated that the metal structure of th~ match the building color, a white background with red lettering to match n( s~gns, A copy of the sign was ~ncluded in Members' packets. Mr. Gregory state of the sign was reduced by 35% overall. Mr. Rumpf stated that the maximum signage would be 64 square feet. Mr. Gregory stated that the sign would n, taller than the height of the building. ~ents, but it was on about the I he could : said that f referred tect. Mr. Jmpf said approval d that the d already lng. Mr. and a ect and ere were sign will ghboring :1 the size allowable )t be any Mr. Myott noted that it was really a modified pole sign and does not fall in wit[ of signage that this Board has pushed for in the past and stated the sign is "c~ does not relate to the architectu re of the building. Mr. Gregory said that applic to open in thirty days and needs a sign. the type .~ap" and nt wants Mr. Rumpf stated [hat sometimes it is easier to incorporate some of the deta s on the building into the s~gn. Mr. Rumpf suggested that some of the design of the bt ilding be inserted in the sign and the colors of the building. Mr. Gregory stated he col Id rev se 28 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA the sign and presented the type of format he thought the Board was Iookir proposed revisions were reviewed and Mr. Myott asked Mr. Rumpf if he co the changes with the applicant. FEBRUARY 9., 1999~ ) for. The dd review Mr. Friedland asked about the signage program that the City was looking in Rumpf said at the moment there has not been much done on the program I staff shortages due to the absence of Mr. Kastadak who was in chai:ge of the Motion Mr. Myott moved to approve the request for approval for site and building s Guardian Storage based on all staff comments and that the sign company meE Mike Rumpf and integrate architectural details currently contained within the p the sign. Ms. Frazier seconded/he motion. Motion carried 5-2 (Mr. Rosenstock and Vice Chair Reed dissented) Attorney Cirullo noted for clarification of the record that there were three cas the applicant prior to appearing tonight requested postponements and requesl general motion be made regarding the postponements. Motion Mr. Rosenstock moved that in accordance with the request by the multiple a asking for POstPonements, that this Board grant those Postponements. Vice Ch Secor~ded the r~°tion: Motion carried 7-0. 8. OTHER None 9. .COMMENTS BY MEMBERS None 29 10, ADOURNEMNT ) and Mr. ;caUse of rogram. Inage for with Mr. iect into ,s where ;d that a ~plicants iir Reed MEETING MINUTES PLANNING AND DEVELOPMENT BOARD ~BOYNTON BEACH, FLORIDA The meeting properly adjourned at 10:30 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (4 tapes) 3O FEBRUARY l, 1999