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Minutes 03-11-97MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 11, 1997, AT 7:00 P,M. PRESENT Stan Dub6. Chairman Jos6 Aguila Robert Eisner Pat Frazier Maudce Rosenstock Lee Wische James Reed. Alternate ABSENT Jim Golden, Vice Chairman Tambri Heyden. Director of Planning and Zoning Mike Haa~,. Planning Coordinator Jerzy Lewicki, Assistant Planner 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:03 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Dub~ introduced the members of the board. In the absence of Vice Chairman Golden. Mr. Reed sat at the dais as a voting member. Mr. Rosenstock was not yet present. 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Mr. Aguila moved to approve the agenda as presented. Mr. Eisner seconded the motion, which carried 6-0. 4. APPROVAL OF MINUTES No additions deletions, or corrections were made to the minutes of the last meeting. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 Motion Mr. Wische moved to approve the minutes of the February 11, 1997 meeting as submitted. Ms. Frazier seconded the motion, which carded 6-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from Planning and Zoning Department 1. Final disposition of last meeting's agenda items Ms. Heyden reported that the Food Court at Shoppes of Woolbright and Discount Auto at Shoppes of Woolbright applications have been approved by the City Commission ane will not come back to this board. At this time, Mr. Rosenstock arrived. With regard to Discount Auto, the applicant agreed to use a mansard roof on three sides of the building and changed the finish of it from a shiny metal to a mat finish. With regard to the west. north, and south elevations, the applicant agreed to split the concrete block and put in three windows (a minimum of two feet by four feet) on each of these elevations. However, he did not agree to the insets or any kind of vertical elements to break up the wall. He agreed to coordinate the landscaping of the three parcels (Burger King, Discount Auto. and Food Court). He did not agree to change the color of the building. No temporary COs will be issued, and the variance was approved by the Board of Zoning Appeals. With regard to Food Court, the applicant lowered the height of the building and changed the color of the roof and building. A small tf~ree foot parapet was wrapped around the toP of the roof and there was signage on it. Our sign Code does not allow rooftop signs. However, the City Commission determined that this was a sign on the side of the parapet and allowed it. On the north elevation, the applicant is going to put in glass block windows and control joints on all sides. Everything pertaining to the landscaping was postponed until the time of CO. No temporary COs will be issued. Ms. Frazier inquired about the traffic study. Ms. Heyden advised that she has not heard from the County yet. Ms. Frazier pointed out that there is a lot of traffic on that road already, and Burger King and DiscountAuto are not even open yet. Ms. Heyden advised that that road is supposedly designed to handle that traffic. 2 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 Mr. Aguila referred to the landscaping across the street from Racetrac and Cracker Barrel. the outpamels, the landscaping that eads towards Home Depot. and the landscaping around the lake and advised that it is not being maintained and some of it has died. Ms. Heyden advised that we have been trying to get the landscaping of the lake and of the buffer that abuts Leisureville in for years. Mr. Morton put it in; however, he did not get a permit to do it. So it has not been inspected and it has not been maintained. As time goes on Mr. Morton is selling offthese parcels to other people and now they are responsible for the landscaping. Mr. Aguila stated that the landscaping at the Home Depot has died and has not been replaced. Also, the trees within the right-of-way along 8TM have no leaves. Ms. Heyden adv sed that andscap ng that is on a parcel that is not being maintained can be turned over to COde Enforcement. Mr. Aguila pointed out that there is no such thing as a temporary CO; however, there is a conditional CO. Ms Heyden advised that no conditional COs wilJ be issued. 6. OLD BUSINESS None. 7. NEW BUSINESS A. Site Plans New Site Plan Project: Crystal Key at VVoolbright Place PUD Agent: Kenneth H Kruger, P.E. Owner: Kennedy Homes Location: East side of S.W. 8~n Street, approximately 2.200 feet north of Woolbright Road Description: Request for site plan approval to install perimeter buffer landscaping, security gates and project signage for the 14.05 acre. 83 unit single-family detached home residential development. 3 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 Mr. Kruger wished to discuss comments 32.33, 35, 36, 43 and 47. He advised that the applicant is presenting an alternative landscaping plan for the perimeter buffers. This plan does not match what was previously apl~roved A cng the entire north property line of the Woolbright Place PUD, there is an interface with existing single-family residences. This project forms part of that interface. To the east is Phase 2 of the Trammel Crow multi-family project, which is also a part of the north interface. The master plan. which included the Trammel Crow multi-family project and the proposed single-family, project, required a 25foot wide landscape buffer along the north property line tobuffer the existing single-family residences from the new project. The revised submittals of the landscaping ~s for ;the proposed project s part,on of the.25 foot w de landscape buffer. This is a :single,family ~rbject, inter~acin~ With single-family to the north. ~te feit: that the landscaping required or shown on the plan iS more appropriate and typical for a screening :b. etween s~Qgl~family a_,n~ multi-family. Even though less. intens~ he felt,the revised landsCapingpian ~for this.buffer is just as attractive and more than ample to screen' thisrsing le-fai:nily.pr°Ject from the existing l~omeS to the north. Mr. Kruger stated that when this original!y came before this board and the City Commission, the 25 foot wide buffer and the master plan contained a note that the max mum height on the houses in the singte-family arena, would be 30 feet tall. However, Kennedy Homesis committed', to building one Story;. Single-family houses. In addit on most of the existing res denCes:to ihe north, hav~ iix foot tall w~od shadow box fences along the north prope~[y line. Aisc, some of them.:hav~e landscaping and some of them have naturaJ ~egetation. The grading of the prOpOsed landscaping ane berm is the same. The berm will ibe 4 feet tall from tlie ex stir~g ground. Comment 36 refers to part of the landscaping that is shown in the buffer between this project and the Trammel Crow multi-family project (the Vining~), The landscape arch tect for this project is a so the landscape architect for th~ ~inings and according to him, the alternative plan that we have submitted iS exactly wl~atl has been approved fo~' Trammel Crow. We want to put in: exactly what Trammel Crow is putting in. We feel it is more than sufficient screening and buffer between us and Trammel Crow. The grading of the area between us and Tram, mel Crow is a two ~nd a half foot tall berm with the high point o~ that berm right on the p[operty ii.ne between Trammel Crow and us. We will each be landscaping our own side of that. berm. Comment 43 refers to Palm Beach County Traffic Division approval and the methodology usee by applicant's traffic engineer. Mr. Kruger thought this was already addressed in the master plan stage. He was not aware of any problem with the traffic study. He asked if this is the same issue that Ms. Heyden spot~e of when she was speaking about the Food Court. 4 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 Comment 47 states that it is recommended that the buffer easement, berm and approved landscaping be moved southward into the site so as not to diminish the required buffer. Mr. Kruger was not sure what staff meant by this. He did not neee to or want to move that berm further south into the single-family lot area. He is going to provide a 25 foot wide landscape buffer per the plat and master plan. Mr. Kruger agreed to most of comment 32; however, he said it references comment 33. Therefore, depending on how comment 33 tums out, comment 32 might have to be changed. Mr. Haag said Mr. Kruger is correct. The comments reflect what the City Commission approved for the buffer. With regard to comment 29. he recommended one change from what the City Commission approved. The Commission wanted the 4 foot berm buffer along the east and north sides of the area titled "open parcel. He recommended that the buffer for the north side of the open parcel be changed from the 4 foot berm to the 2 ~ foot berm similar to the west side of the open parcel. Mr. Kruger agreed to this. Chairman Dubb pointed out that Mr. Morton has tried to change this 25 foot buffer several times and an agreement was finally reached. Mr. Kruger referred to the note about the 30 foot height for the buildings. He said Mr. Morton did not know who was going to develop this parcel, and Kennedy Homes did not know what height buildings they were going to build. He pointed out that Kennedy Homes is building one-story houses, not two-story houses. Mr. Haag advised that there is no change in reduction in quantity of material, The same materials that were approved by the City Commission will be used. However. there is a reduction in the size of the plant material. Mr. Aguila inquired about the justification for the reduction in size of the plant material. Mr. Kruger felt the required screening is over kill. In addition, the cost of the original plan is astounding. It will cost close to $4,000 per lot just for the landscaping for the rear property line. Mr. Kruger advised that Saw Palmetto is not available, and ~s very expensive. At this time. Chairman Dub~ recognized the presence of Commissioner Jamie Titcomb. In response to a question posed by Mr. Aguila, Mr. Haag referred to comments 33 and 34. He pointed out where the Slash Pines and the two Red Cedar trees will be located and said the applicant is requesting 6 to 8 foot tall trees instead of 12 foot tall trees. Comment 33 refers to the hedge and shrub plant. 5 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 Mr. Haag referred tothe comment 43 and advised that this is the same issue that Ms. Heyden brought up eadier in the meeting. The traffic for that project included the Shoppes of Woolbright PCD and the PUD and we still have not received confirmation from Palm Beach County. With regard to comment 47, Mr. Haag advised that the master plan process is somewhat conceptual, and the platting process is more definite and technical. During the platting process, an additional easement was required along the north Property line. That easement overlaps ~nto most of the 25 foot buffer easement. The trees that are going to be planted need to be approved by the utility users. If the applicant does not get that approval; st~ff recommends that the easement be moved back so that we can get thosethings plaoted there so that we do not diminish the buffer. Mr. Kruger' did not anticipate any problem getting approval from Florida Power and Light1 He said it is typical for them to allow landscape planting in their easements. Also, the toiletries will be kept to the south side of the 25 foot landscape buffer. Mr. Aguila advised that there is a very specific list, Of materials that they allow. Mr. Kruger stated that it is a recommended guideline. He is going to put all their recommended guideline allowed species closer to their 10 foot utility easement. With regard to comment 35. Mr. Haag had no objection to reducing the Saw Palmettos to 22 inches, 7 gallon, rather than 15 gallon. He said it is more like a ground cover. That type of plant isa very small plant and it is really not providing any of the buffering like the hedge row and the other shrubs that are there. Mr. Rosenstock inquired about the price of these homes and the total cost of the landscaping per house. Frank.Spirato, the Project Manager, advised that the prices of the homes run betw~e~n $89,900 and $99 000 and the landscaping will cost between $1,700 and 2.000. In addition each home will have a specific landscaping package. Since the City Commission has already specified certain landscaping, Mr. Rosenstock did not think it was within this board's prerogativeto change it. Mr. Aguila said the issue of availability is dealt with at the time of construction. The availability of materials depends on the time of year, catastrophes, weather conditions, etc. To him, this is more of a money issue than an availability issue. Because of the history of the north buffer line. he was not in favor of this project if the north buffer is in any way reduced in any fashion, shape or form. Mr. Rosenstock agreed. Mr. Reed had no objection to replacing the Saw Palmettos with a slightly smaller plant because it does not impact the buffer, in addition, plants that are less mature, but we] 6 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 rooted, a re more likely to survive than older ones. Mr. Rosenstock pointed out that if the applicant is supposed to put in certain plants and they do not survive, he has to replace them. Mr. Haag referred to comment 35 and pointed out that the City Commission required 24 thirty to thirty-s~x inch tall Saw Palmettos, but the applicant is proposing 48 three gallon Saw Palmettos, which are much smaller. Mr. Spirato said the smaller plant is available However. he is having a problem finding the 15 gallon Saw Palmetto. Mr. Kruger reiterated that these are going to be single- story houses, which is the basis of this request. In addition, the cost is an issue. You are r~ot going to see any change visually with regard to what was originally proposed versus what the applicant is proposing. It is also a matter of overkill. He did not think this request and the basis for his request should not be considered because of the history of this parcel. Mr. F~osenstock felt he was taking Mr. Aguila's comments out of context. He thinks what Mr. Aguila was referring to is the fact that the people living on the other side of this project have always sought protection. We want to be sure that the citizens on the other side of this project have screening to suit their needs as specified. Mr. Aguila stated that the fact that there were possibly going to be two-story buildings there was not the driving force. It was merely one ingredient. Therefore. the fact that you take that one element out does not necessarily mean that the people have a different feeling or are interested in having less landscaping because they perceive the impact tobe less. In his opinion, you can never overdo landscaping. He understands what was promised and assured, and he understands the comfort levels given to the property owners year after year. Chairman Dub~ pointed out that the buffer used to be 50 feet. He also pointed out that there is no mention of the six foot chain link fence on the north side. Mr. Spirato said that is a mistake. The black vinyl coated fence will also be on the north side. Chairman Dubb asked who will own the fence. Mr. Kruger advised that the Homeowners' Association will own it. Chairman Dub~ asked where the common ground is. He did not see any. He saw the fence being put on the individual lots. which means the property owners own the fence. He asked how the applicant is going to prevent the home owner from taking the fence down. He asked if the Homeowners' Association is going to go on private property to repair the fence. He pointed out that if the fence needs to be repaired on three lots, three permits will be needed. He pointed out that the entry wall with the sign ~s on Lot 1, which is not common ground. The 7 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 homeowner is going to pay taxes on the land that is under the sign. If a car hits that sign, the homeowner has to fix that sign. That sign is owned by that homeowner because it is on his land. 'Ehat has to be common ground, and you cannot sell that land. Also, the fee to hire a service to maintain the landscaping is going to be horrendous. He inquired about the estimated monthly maintenance fee. Mr. Spirato estimated it to be$77. Chairman Dub6 pointed out that unless there is a guard at the gate, you do not have a secure~ community because everybody knows that the gate will open if you useO911. If the people decidethey want a guard service, the monthly maintenance feewill be $200. Also, theeasement runs through the northern cul-de- sac. The site plan does not agree with the plat.plan. There are 15 parking spaces at the pool. on the site plan, but there are only 10 on the plat plan. Mr. Kruger advised thata separate site plan submittal for the rec area has been submittedfor staff's review, Chairman Dub6 advised that the applicant has to come up with 15 parking spaces on the rec plan when it is submitted. Mr. Aguila requested that no cypress mulch be used. Instead, he wanted organic. Eucalyptus, or melaleuca chips used. Mr. Kruger agreed to this condition. Motion Mr. Aguila moved to approve the request for site plan approval to install perimeter buffer landscaping, security gates, and project signage for the 14.05 acre. 83 unit single-family detached home residential development called Crystal Key at Woolbright Place PUD subject to all staff comments and the following additional comment: No cypress mulch to be used on this project, but organic wood chips, or Eucalyptus. or melaleuca or some sort of wood chip be used for mulch, and that no reduction in s~ze or quantity from the previously approved buffer landscaping material be considered. Mr. Wische seconded the motion, which carded 7-0. For the record, Mr. Aguila stated that Mr. Spirato confirmed that there will be chain link on all four sides of the property. B. Other Abandonment Project: Agent: Owner: Pollo Tropical at Shoppes of Boynton David S. Drobner, Esq. Draper and Kramer of Florida, Inc. 8 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MARCH 11, 1997 Location: Description: Northeast corner of Congress Avenue and Quantum Boulevard Abandonment of a portion of a 15 foot wide utility easement. The applicant was not present. Mr. Lewicki corrected the staff report. It states that Pollo Tropical is located on the northwest corner of Congress Avenue and Quantum Boulevard. It should state "northeasf'. Also, comment 2 on Exhibit E should state "Florida Power and Light", not "Florida Public Utility". Motion Mr. Aguila moved approval to abandon a portion of this 15 foot wide utility easement, subject to staff comments and the corrections made by Mr. Lewicki. Mr. Reed seconded the motion, which carried 7-0. 8. COMMENTS BY MEMBERS Chairman Dubb advised that this is Mr. Elsner's last meeting, and he is not going to reapply to sit on this board. 9. ADJOURNMENT There being no further business to come before the board, the meeting was adjourned at 8:03 p.m. Eve Eubanks Recording Secretary (One Tape) 9