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Minutes 02-13-96MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA. ON TUESDAY, FEBRUARY 13, 1996, AT 7:00 P.M. PRESENT Stanley Dub6, Chairman Jim Golden, Vice Chairman Dave Beasley Robert Elsner Maurice Rosenstock James Titcomb Lee Wische Will/am Burton, Alternate Pat Frazier. Alternate Tambri Heyden. Director of Planning and Zoning Mike Haag, Zoning and Site Development Admirdstrator Jerzy Lewicki. Assistant Planner 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:00 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dub6 introduced the members of the Board. 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Mr. Wische moved to approve the agenda as submitted. Mr. Elsner seconded the motion, which carried 7-0. 4. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the minutes of the last meeting. Motion Vice Chairman Golden moved to approve the minutes of the January 9, 1996 meeting. Mr. Wische seconded the motion, which carried 7-0. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Plannh~g and Zoning Department (1) Final disposition of last month's agenda items Ms. Heyden was not yet present m give this report. 6. OLD BUSINESS None. 7. NEW BUSINESS A. PUBLIC HEARING ABANDONMENT Project Name: Agent: Applicant: Location: Description: Charter Drive North - Parcel C Smart H. Ctmningham. P.E. and P.L.S. Hunter's Run Property Owner's Association, Inc. Western terminus of Charter Drive North Request to abandon a portion of Charter Drive North, legally described as Parcel C. Chairman Dub6 asked Mr. Cunningham if he has read staff's comments. Mr. Cunningham answered affirmatively. He said the major comment seems to concern access to the parcel to the rear. He pointed out access to the property on an overlay. He stated that this abandonment would not affect access. Mr. Rosenstock pointed out the City right-of-way on the overlay. A problem exists at the Hunter's Rrm Golf and Racquet Club at the present time: At the south entrance, adjacent to the L-30 canal, there is a stacking of cars out onto Congress Avenue. The Hunter's Run Golf and Racquet Club would like to increase the road at their gatehouse so they can have additional access. They only have one lane of traffic going in there now. They want to make it two lanes. MINUTES PLANNING AND DEVELOPN[ENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Mr. Rosenstock advised that the City Attorney said there would be no problem with this because this is the full right-of-way across here (he pointed to an area on the overlay) The 3.70 acres that are encompassed by this rectangle would have access through this fight-of-way. Therefore, the Engineering Department is incorrect. The City Attorney and the engineer for Humer's Run checked those boundary lines. The right-of-way is not affected in any way. Chairman Dub~ asked why staff recommended denial of this abandonment. Ms. Heyden advised that staff recommends denial based on the Engineering Department's comment. Mr. Rosenstoek asked if Parcel 103 has access or not. Ms. Heyden stated that the City Engineer feels there is nor adequate access. Mr. Cunningham suggested that this item be approved subject Hunter's Run working to provide access if it is found that there is a problem with access through the east/west roadway. No one in the audience speak to wish on this item. Motion Vice Chairman Golden moved to recommend approval of the abandonment for Hunter's Run for a portion of Charter Drive North, legally described as Parcel C, subject to staff comments and subject to the resolution of the parcel in dispute (the northern triangle) between the City Attorney, City Engineer, and the applicant. Mr. Beasley seconded the motion. Mr. Beastey thinks that Summit Drive is in the middle of the existing right-of-way also. He thinks that entire road is in the northern portion of the right-of-way, and that there is room to widen that road. Mr. Wische could not understand why someone from the Engineering Department was not present to explain their objection. He pointed out that this is not the first time that this has happened. The motion carried 7-0. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13. 1996 Project Name: Agent: Applicant: Location: Description: Charter Drive North I Parcels A and B Stuart H. Cunningham, P.E and P.L.S. Hunter's Run Golf and Racquet Club, Inc. Western terminus of Charter Drive North Request to abandon a portion of Charter Drive North, legally descried as Parcels A and B. Mr. Beasley inquired about the need to abandon Parcels A and B. Mr. Rosenstock explained that the City Attorney recommended that the acquisition could be made without interfering with any right-of-way, or with the neighbors that adjoin the property. Part of the corner would also be needed. It was drawn up by the City Attorney that way because it does not infringe upon anybody's access. Mr. Beasley asked if Tract 17 is part of the right-of-way for Summit. Mr. Rosenstock explained that it belongs to Hunter's Run Golf and Racquet Club. No one in the audience wished to address this item. Motion Vice Chairman Golden moved to recommend approval of Charter Drive North. Parcels A and B, the request to abandon a portion of Charter Drive North, legally described as Parcels A and B, subject to staff comments. Mr. Beasley seconded the motion, which carried 7-0. REZOi'CING (City Commission remanded on January 16, 1996 to the Planning and Development Board) 1. Project Name: Agent: Owner: Location: Description: Hills of Lake Eden PUD Burlison A. Gentry Gentry Engineering and Land Surveying, Inc. Newport Properties, Inc. Northwest corner of S.E. 36th Avenue and Seacrest Blvd. Request for master plan approval to construct 56 single- family detached homes on 15.45 acres of land in connection with a rezoning from R-1-AAB (single-family residential) to Planned Unit Development with a land use intensity of 5 (PUD with LUI=5). MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Chairman Dub6 advised that this item was on the City Commission agenda last Tuesday, and was remanded back to the Planning and Development Board. Mr. Gentry agreed with Chairman Dub6 that the applicant has agreed to all of the conditions on Exhibit "J", except conditions 5, 27, 29. and 34. Therefore, only those conditions were discussed. Condition 5 (Sidewalks/ Mr. Gentry stated the Code requires a sidewalk on both sides of public roadways within a dedicated right-of way. However. the developer feels that since tins is a private street, the sidewalk on Swlnton Avenue is not required. Mr. Gentry said the traffic volumes are not stgnificanr. The City Engineer insisted that this sidewalk be installed, and the developer will agree to this if it is a condition of approval Mr. Gentry advised that the minimum is 42 feet, under certain conditions, for right-of-way widths for a dedicated street. He proposed a 40 foot right-of-way, and feels this can satisfy the requirements for drainage, as well as the proposed 24 foot roadway within that right-of- way. Condition 27 (Maximum Building Height) Mr. Gentry said staff recommended 30 feet, and because of the architectural features, the developer is requesting 33 feet to enable him to build the type homes he is proposing. If this is a point of contention, he would agree to the 313 feet. Chairman Dub6 read Condition 27, which states as follows: "It is recommended that the maximum building height be limited to 30 feet (two stories), to mLnimize impact to the adjacent residential neighborhoods having a 25 foot height limit rather than the proposed 35 feet. Thirty feet, rather than 25 feet, is recommended to recognize flexibility in unit design for cathedral ceilings." Ms. Heyden stated that in the adjacent zoning district and in the current zoning district of this property, the limit is 25 feet. Mr. Beasley asked if there is any residential zoning that is more than 25 feet. Ms. Heyden said, "No." Mr. Beasley asked why 30 feet is being recommended. Ms. Heyden explained 5 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 that it is difficult to construct cathedral ceilings. Mr: Beasley suggested that if staff is going to recommend 30 feet, then the Code should be changed to 30 feet. Comment 29 (Street Connection to Seacrest Boulevard Cha'ncman Dub6 thought the applicant was going to omit this. Mr. Gentry th'inks that what was discussed previously was a proposal to make it one way, connecting to Seacrest The developer would agree to do that. We are trying to maintain some kind of reference away from the areas to the east m try to enhance this property and make it a private gated community. We are proposing a gate on Seacrest Boulevard for emergency access. Mr. Wische asked what the applicant's main objection is of having flow of traffic instead of going all the way through the development out to Sw'mton. Mr. Gentry said a traffic study was done and the traffic volume from this development, with the existing development, is significantly below the level of service requh'ed for the roadway. Therefore, this development would not adversely affect Swinton Avenue if it were to access that way. Also, he wanted to maintain a private development with a gated entry, and he fek that the single entry on Swinton was adequate. Mr. Titcomb was concerned with morning departure traffic, especially the traffic that goes north from the project. At about 7:30 a.m., it is virtually impossible to get onto that road. He asked if this project addresses a solution for relieving northbound traffic out of the project. Mr. Gentry believes that problem exists because of the traffic flow at that intersection. He felt s~gnalized control at this intersection would relieve this problem. He did not think it would be a complicated matter to have a signal installed at that intersection, and offered to approach the County to have one installed. Chairman Dub6 advised that traffic lights are not being installed because of lack of funds. Also. there are 30 or 40 traffic lights on the list to be installed before this one. Mr. Gentry said this is something that could be addressed by the developer. Condition 34 (Preservation Area. Tracts, Easements) Chairman Dub6 noticed that the applicant has changed the tracts to easements. Mr. Gentry advised that environmentalist Cheryl Carpenter recently completed a project similar to this one. The concept of an easement with deed restrictions is comparable to the tracts, which were initially proposed. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Ms. Carpenter is with C&N Environmental Consultants in Jupiter. She recently worked on a project in Palm Beach Gardens, which had a lot of environmentally sensitive areas. In an effort to preserve as much as possible, it was permitted so that the easements were on each lot. The easements were contiguous. There was only a certain amount of each lot that you could build on. There were deed restrictions, k was very successful and preserved a lot more of the environmentally sensitive areas than if we had just one separate area because of the location of the trees. Mr. Wische referred to Stella Rossi's letter, the original of which is attached to the original minutes of this meeting, which are filed in the City Clerk's Office. Mr. Rosenstock asked if Ms. Carpenter is saying that the land around the houses will have easements so that those areas will constitute the same square footage that would make up the area that we were talking about to be preserved. Ms. Carpenter answered affirmatively. Mr. Rosenstock asked how people are going to be prevented from destroying that piece of land, how children are going to be kept from gett'mg in there, and how homeowners are going to be kept from using it. Mr. Gentry advised that the homeowners' association and the City Forestry Department will patrol the area. Mr. Rosenstock was not in favor of allowing the developer, in perpetuity, to protect the interests of the public. Ms. Carpenter advised that the preserves will be fenced. There will be a sign behind each lot designating it as a conservation easement. It will be managed as one n-act. It is not any different from any of the other parcels that you set aside. Mr. Wische stated that the Board previously unanimously recommended denial of this project because of the setbacks and the size of the lots. The applicant is now getting around the setbacks and the size of the lots by increasing them by incorporating them into the preservation and buffer areas. That is a false sense of increasing the lot sizes. The increase is on paper only. The applicant is also receiving credit for increasing setbacks for those homes that back onto an easement. In this case. only those homeowners will have to pay taxes on that portion of land, instead of having it spread out among all of the homeowners. Mr. Gentry stated that there were some problems with the setbacks the last time. There was a proposal to take a foot and a half from the front and put it in the rear. We have expanded the setback from the easement line. The central block areas are the only ones that count when it comes ro the preserve area. All the other areas are stand alone (9.000 square feet plus). They have been widened and deepened to satisfy staff's condition. 7 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Mr. Wische said you are getting an increase in size by using an easement instead of the word "tract". He asked who can authorize changing a tract to an easemem. Mr. Gentry said this ~s something the developer is requesting. We would dedicate that as a separate area if it is a condition for approval. Mr. Rosenstock inquired about the average square footage of the homes. Mr. Gentry said we basically have a fixed average of approximately 5,000 square feet, which was accepted by the Planning Department. That would be the maximum allowed. Mr. Rosenstock asked what would you have if you took every house that you plan to put on this plat and averaged out the square footage under air. Mr. Gentry agreed to maintain the existing zoning minimum (1,800 square feet). This concerned Mr. Rosenstock. He said some of the homes in that area go up to 3,000 square feet or more. Mr. Gentry advised that one of the models that the developer proposes is in excess of 3.000 square feet. Mr. Rosenstock said if one or two houses are 3,000 or 4,000 square feet, and the rest are 1,800 square feet, you are not going to average anywhere near what is sitting on the adjacent properties. This could deteriorate the property values of the adjacent property. Mr. Gentry said a market study of that property was done. Based on a rough average, they came up with around 2,400 square feet average there. Mr. Rose~nstock asked who did the study. Mr. Gentry advised that it was taken from the County records. There were two homes on that property, that exceeded 3,000 square feet. Mr. Rosemtock inqu'tred about the size of the rest of the homes. Mr. Genn~ said there were some as small as 1. 800 to 2,000 square feet. Those homes are not averaging 3.000 square feet. Mr. Rosenstock said the City requires developers to have a mirdmum local street right-of-way of 50 feet. and the applicant wants us to allow him to do it in 40 feet. Mr. Gentry pointed out that there were other developments that were recently approved with private roadways that were 40 feet. Mr. Rosenstock did not believe in ruling by variance. He suggested the Code be changed if there is a compilation of variances. Mr. Gentry said the PUD regulations provide the flexibility to approve the 40 foot right-of-way. Also, it does not make reference to the public streets, which require a minimum of 50 feet. It seemed to Mr. Rosenstock that the developer is trying to squeeze every piece of house and every single buck he can get out of this property without trying to help the surrounding areas. Mr. Gentry stated that this property has a maximum gross density of 4.84 units per acre. The developer is proposing a plan that has 3.62 units per acre. which is significantly less than the maximum allowed. 8 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Mr. Rosenstock felt the developer should take into consideration the concerns of the surrounding areas. Mr. Gentry stated that we have been meeting with the property owners in the area and are trying to address their concerns. Mr. Beasley asked if Mr. Gentry said the average house in the surrounding area is 2,200 square feet. Mr. Gentry said. "No." He said there was a mixture. He found six that were less than 2,000 square feet, and he found two that were in excess of 3.000 square feet. Mr. Beasley believes there are a lot more than ten houses over 3,000 square feet there. Mr. Gentry pointed out that this was taken from the County records. Mr. Beasley asked if the applicant would agree to tracts instead of easements. Mr. Gentry answered affirmatively, Mr. Beasley pointed out that this would make the rear setbacks 7 l/2 feet. Mr. Gentry believes the increase was to 9. Mr. Beasley felt this was too close to the rear setback line. Chairman Dub6 stated that his homeowners' association has spent $13,000 and seven months trying to have a fence put back up on their property. Mr. Gentry advised that the homeowners' association can put the fence back up and send the homeowner a bill. Chairman Dub6 pointed out that the homeowner can take the fence down again and have a person arrested for trespassing. Mr. Beasley stated that at the last meet'mg, Vice Chairman Golden pointed out that the intent of a PUD was to do a development in a more interesting way by reducing setbacks, etc., to create a more pleasant project. He has a problem with going from R-1-ABB to a PUD when the only reason to do that is to get more houses in there and to lessen the setbacks. He thinks this ~s going around the intent of rezoning k to a PUD. Mr. Gentry said he is just trying to compromise and create a private community, and the PUD is the right approach. It allows certain things for the developer to be able to do and give back to the City and the people he is building for. Aside from reducing the development by several lots, Vice Chairman Golden asked what the applicant has done to address the major issues and concerns that were previously raised by the Board. Mr. Gentry said the property owners felt the lots along Swinton would be too close together. The existing zoning requires 20 feet. The developer agreed to meet the minimum along that area. Therefore. those homes will be a minimum of 20 feet apart. Also, the lot s~zes were increased which, based on its nature, would allow more setback because the houses would be pretty much a standard size. Therefore. the larger lots will have an increased 9 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 setback by the construction. We have tried to organize those areas by creating uniformity around the perimeter, and we maintained the buffers on both Seacrest and Swinton. The developer is willing m make the berm the height to satisfy the concerns of the property owners. There would be a concrete column with a steel fence and a screening of hedges (solid opaque). The transplanted trees that we have on the site are goLng to be preserved. We will also have the South Florida type palm trees. The developer is trying to do those improvements to create somewhat of an amenity. It creates a nice picture for anyone driving along Swinton. It also gives the property owners privacy. The property owners on that side would also have the option of fencing up to the landscape buffer, which would give them more privacy. We have tried to decrease the density and increase the setbacks. Chairman Dub6 allowed the public to speak on this item. Ingrid Eckler, 2750 Seacrest Boulevard. Delray Beach, owns the property immediately to the south of this proposed development. She would like to see a berm, landscaped with native plantings, on the south side of this development Ellen Smith of Unmh, Smith and Associates. represented the neighborhoods of Lake Eden. She said the developer achieved the greater lot size on paper by incorporating part of the environmental preserve into the lots. They also incorporated the entire buffer system into the lots. In fact. many of the lots are far smaller than they appear on the site plan. Half of the lots in this project are not 9.000 and 10,000 square feet as shown on the site plan. The net usable land that a homeowner will have is 6,500 square feet. Value is based on net usable parts of the property. For compatibility purposes, compare the 6.500 net usable size to what is around it. In the neighborhoods of Lake Eden, what is around it is an average lot size of 16,000 square feet. almost three times the size of what half of this project is going to be. Yhis is clearly incompatible. The perception that the developer has met the homeowners' demand is only a perception; it is not fact. A second reason why this project is not compatible is density. It is hard to compare a planned development density to an old fashioned neighborhood because in planned developments, you base it on gross and get to add in the roads, guardhouse, and landscape strips. The gross density here is 3.62 units an acre. We have to compare apples to apples, not apples to oranges, not gross to the rest of the neighborhood, which is net. On an apples to apples comparison, the net density of this project is 5.77 units an acre, and next door is 2.5 units an acre. This is a second very strong reason why this project is incompatible. 10 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 The next reason is home size. This may be by far the most significant concern of the homeowners' associations. We did the research in the Property Appraiser's Office as to the average home size in the neighborhood. The neighborhoods of Lake Eden average home size is 2,600 square feet. Many of the pockets are much larger: The average home size in Lake Eden Plat I is 3,126 square feet. The average home size inthe most adjacent is 2,612 square feet. In fact, there are deed restrictions in this area on keeping minimum home size up. We have asked the developer to commit to a m'mimum home size of 2,600 square feet. Net lot size is the basis of value. Home sales will start at $!70,000 and may even go up to $350,000. She was not sUre they will ever achieve the $350,000 for a smaller product in a less desirable location. AccOrding to the Property Appraiser, the average sales price in this neighbOrhood in 1984 and 1985 Was $237;200. MS. smith felt the applicant's target sales price is not achievable. Another reason why this project is ~ncompatible is lot frontage. As a professional planner, it is easy for Ms. Smith to look at this and get the feeling of smallness. Lot frontage along the neighborhoods of Lake Eden is 100 feet on every lot. What is proposed here is 65 feet to 40 feet. Ms. Smith felt the proposed project will diminish the value of adjacent neighborhoods. She discussed the layout of the preserve. There are two aisles that are part of the lots. The configuration of preserve is dangerous. She read a letter that was addressed to her from Barbara Bobsein. the former head of the Development Review Section for the County Department of Environmental Resources. The letter stated that the proposed preservation areas, as depicted on the site plan, wilt not allow for long term preservation of the habitat to be set aside. Long narrow linear preserves are exposed to a number of intrusions known as edge effect which degrade the quality of the habitat over the time. Placing the homes on both sides will accelerate the edge effect and compound the degradation of native habitat which k proposes to preserve. The preserve area will be invaded by sod growing in the yards and exotic ornamental landscape material as it creeps into the native areas. The preserve will also be affected by yard runoff, which typically includes nutrients from fertilizers, and various pesticides and herbicides. Deed restrictions which contain portions of the preserve may look good on paper, but they are a nightmare to enforce. Based upon Ms. Bobsein's past observation, this type of preservation will not work. In her opinion, if this prqject is approved as shown on the site plan, [here will be no long term preservation of native habitat. Ms. Smith pointed out that the Comp Plan indicates that it is the City's job to encourage land developments that are sensitive to the environment. Objection 4.4 of the Comprehensive Plan 11 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 states as follows: "The City shall, to the maximum extent feasible, protect all remaining areas of native upland habitat." Ms. Smith said this is a formula for poison for the preserve. A better design would be to incorporate it all together. There are 2,000 feet of edge effects on the site plan. For this very reason alone, the Board should cont'mue to recommend denial of this project. The residents of the neighborhoods of Lake Eden do not wish to have access onto Swinton. They are seeking access onto Seacrest. We talked to the developer in December about access onto Seacrest and it was his opinion that for marketing purposes, he needed the access onto Swinton. He wanted to be like the neighborhoods of Lake Eden. We believe he is not compatible. Condition 29 contemplates a Fire Departmem access onto Seacrest. She suggested making that. at a m/nimum, another access. Many of the residents want that to be the only access for a number of reasons. They want Seacrest the access to the project. there is no buffer on the north and south sides of this property. Modern development and modern PUDs require buffers all the way around. Condition 24 does not contain a minimum width. The City has only been told that the trees will be 8 foot trees planted 40 feet on center. Modern development codes talk about 10, 12, and 14 foot trees planted 20 feet on center. The buffer is not adequate. There is a great elevation difference between this site and the neighborhoods of Lake Eden, There is almost a 15 foot difference in elevation between what could be built on this site and the residents down below. We have an incompatible product peering down on one of the City's finest neighborhoods. There are no amenities. There are no sidewalks on both sides of the street. There is no recreation or innovative design. That is what PUDs are supposed to do m return for the increased density and other flexibilities. The residents have visited with the developer of the project and his representatives and have listened. They asked why the clearing was extensive and were told that the developer had a permit. However. Ms. Smith pointed out that the developer violated the terms of the permit and cleared more than he was supposed to. The residents were told that the reason the houses were this big and would sell for that much was pursuant to a marketing plan. However, they were subsequently told that there is no marketing plan. 12 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Ms. Smith said the Code gives the Board the latitude to deny this on several counts. The biggest is whether the proposed rezoning to Planned Development would be contrary to the establishment land use patterns, and whether it would be compatible with the current and future land use values. She believes it is not. Gary Lelmertz. 619 S.W. 2nd Avenue, spoke as the Chair of the Loxahatchee Sierra Club which encompasses Palm Beach County, and as a City resident who is extremely concerned about preservation of our diminishing natural resources and native habitat. He said it is a travest.v to take two narrow strips that are easements and try. to call that a dedicated habitat in perpetuity. He stated that species need contiguous areas that are as square as possible. The more edges you have. the more intrusion you get, and the less healthy it is for the species. He hoped that this Board would, at a minimum, direct the developer to redo the entire plan and provide 25 percent of native habitat in one area that is contiguous and as square as possible. Ray Miller, 1145 N.W. 10th Street, who is a Mitigation Comphance Inspector with one of the State regulatory agencies, spoke as a concerned citizen. He sees these types of setups quite often. Based on the current design, he felt the developer was trying to maximize profit, not set aside for a remnant set of scrub. He also felt the design would create a headache for Code Enforcement. He stated that consolidated, larger parcels remain viable a lot longer than little piecemeal parrs. Also, there is less edge associated with larger parcels. Many of the species that inhabit scrub areas need a minimum size in order to survive. Mr. Miller stated that he always has a hard time with enforcement when easements are pulled out of preserves. People allow their plants to grow into the preserve. They throw lawn clippings, etc., over the top of the fence. Cats run around in the preserve. Land management would also be a problem. He stated that these are fire required type of habitats and asked if burning is going to be allowed in order to maintain them. He felt the right approach would be to consolidate the largest parcel possible and put together a good management plan~ in perpetuity, or have the developer pay a mitigation fee and write k off. Erick Luckman, 821 S.W. 34th Avenue, is a homeowner in the Lake Eden area. He said the people in this neighborhood are vehemently opposed to any PUD in this neighborhood. He encouraged the Board to keep the zoning in its current fashion and let the developer build within the Code as it exists. Dan Boyer is a biologist and currently President of the Palm Beach County Chapter of the Florida Native Plant Society. He has worked in a professional capacity in land management and regulations of environmentally sensitive lands. He stated that one step towards effective 13 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 management of environmentally sensitive lands is good planning and good desigmng. He felt the proposed design is bad. It maximizes the edge effect and the potential for conflict with human activities regarding the preserves. Forms of intrusion that are likely to occur and degrade the areas include dumping of grass clippings, watering of these areas (the sprinklers will change the character of the areas, particularly if you are dealing with scrub), fertilizer and pesticide runoff, the ability for cats to ge[ into the area. noise and lighting from the homeowners, which will deter wildlife utilization such as bird nesting, and encroachment by exotic landscape plans. He encouraged redesign. To minimize the edge effect, the preserve area should be in one contiguous piece, either round or oval in shape. The proposed design will make it very difficult for the City to enforce and manage that area. Stella Rossi's February 10, 1996 letter to Chairman Dub6, expressing her comments and concerns regarding this project, is attached to these minutes. She referred to a survey done by Palm Beach County in 1989 and the 1988 assessment from George G. Gentile & Associates, Inc., and stated that the preserves should be 2.22 acres, not 1.03 acres. She also referred to a letter from C&N, dated October 1995, which states that the cleared area [o the east. which is an acre, was nor included in the assessment. That was native. It is now coming up as native. and there were oaks left. That was nor taken into consideration. Also, you will not see any of the pines there because they will all be in houses or streets. She asked the Board to recommend to the City Commission that the preserve be a 2.22 acre, one piece ecosystem that encompasses ~scrub and p'me flatwoods and the preserve deeded to the homeowners. She circulated a picture,showing what the site looks like. She also had aerials, dating from 1965 to 1989. of the cleal:ed area to the northwest. She asked why it is in the preserve area if it has been cleared and it is now coming back in mainly exotics. She said it should be one parcel and it should be to the outer edge of this project to be more viable and better protected. Enrico Rossi is an engineer. He reviewed the conceptual drainage plan. He felt it should show a little more detail with regard to what will happen to the water that is going to be picked up on the streets and carried towards Swinton and the other roads. He said it is not clearly defined how this is going to be controlled. He advised that it is difficult to take a 20 foot strip of land, put a mount on it. put a wall on it, and also make a depression for water. 14 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Motion With regard to the agenda of Tuesday, February 13th. Item 7.B. 1. known as the Hills of Lake Eden PUD, Mr. Rosenstock moved that the request for master plan approval to construct 56 smgle-family detached homes on 15.45 acres of land in connection with a rezoning from R-1-AAB to Planned Unit Development with a land use intensity of 5 (PUD WITH LUI-5) be denied by this Board. Vice Chairman Golden seconded the motion, which carried 7-0. At 8:17 p.m.. Chairman Dub6 declared a recess. The meeting reconvened at 8:30 p.m. C. USE APPROVAL l. Project Name: Agent: Owner: Location: Description: High Ridge Commerce Park PID Richard C. Ahrens Condor Investments of Palm Beach County, Inc. Northeast corner of High Ridge Road and Miner Road Request to amend the list of High Ridge Commerce Park PID permitted uses to allow wholesale distribution and service of turf equipment. Chairman Dub6 asked if the applicant had a chance to read staff' s comment with regard to the environmental review. Mr. Ahrens represented the Kilpatrick Company. He advised that he already had his environmental review, and passed. Mr. Lewicki advised that the Board of Zoning Appeals granted the applicant's request for a variance to omit the required 6 foot high buffer wall between lots 1, 2, and 3 and the residential property to the north. Motion Vice Chairman Golden moved to recommend approval of the use approval for High Ridge Commerce Park PID to allow wholesale distributions and service of turf equipment, subject to staff comments. Mr. Titcomb seconded the motion, which carried 7-0. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Project Name: Agent: Owner: Location: Description: Boynton Commercenter PID Frederick Roth, Jr., P.E. Michael B. Schorah and Associates Boynron Commercenter. Ltd. Approximately 700 feet south of the southwest corner of Woolbright Road and 1-95. Request to amend the Boynton Commercenrer PID list of allowed uses to include communication towers. Chairman Dub6 asked the applicant if he has read staff's recommendations. Mr. Roth advised that he has reviewed the comments and has no comment relative to them. Vice Chairman Golden noticed that staff recommends allowing only one tower as part of this use approval. He asked if this is an issue from a legal standpoint. Ms. Heyden advised that the City Attorney received a copy of the agenda package Monday morning. She has not heard anything from him. Therefore. she assumes he had no problems with it. Mr. Rosenstock asked Ms. Heyden if she called the City Attorney. She advised that she had not. Chairman Dub6 advised that he spoke to the City Attorney. Motion Vice Chairman Golden recommended approval of the use approval for Boynton Commercenter PID to amend the list of allowed uses to include communication towers, subject to staff comments, and the conclusion from the City Attorney that only permitting one tower will not create any type of furore problem. Mr. Wische seconded the motion, which carried 7-0. Mr; Rosenstock suggested that in the furore, because of the time constraints, the Planning Department contact,the City Attorney to find out if he has reviewed the agenda package and found any problems. Ms. Heyden advised him that the procedure is that she gives him the agenda package and if he has a problem, he will let her know. Mr. Rosenstock will recommend to the City Manager that we change that procedure. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 D. SITE PLANS NEW SITE PLAN 1. Project Name: Agent: Owner: Location: Description: Tara Oaks PUD Kieran J. Kilday Kilday and Associates. Inc. for Pulte Home Corporation Tara Oaks Development Company East side of Knuth Road approximately 570 feet north of Woolbright Road Request for site plan approval to develop 14.47 acres of the Tara Oaks PUD for a 192 trait townhouse project with private recreation facilities. Chairman Dub6 advised that there are 55 conditions. Mr. Kilday agreed with most of them. Mr. Haag advised that condition 55 needs to be revised to state as follows: "It is recommended that the applicant process an abandonment application to abandon S.W. Congress Boulevard west of Tara Lakes Drive West." Condition 20 Mr. Kilday said this condition should be amended, subject to the City Engineer's verification. The Code requires the hedges to be 18 inches on center at time of planting, as opposed to "four feet high" as stated in condition 20. Mr. Haag clarified that the hedges must be 18 inches in height at plant'mg and 24 inches on center. Mr. Kilday agreed to that. Condition 24 Mr. Kilday said he and the City Forester agreed that the Oaks up to a caliber of 12 inches will be relocated utilizing a tree spade. Any Oaks above that size would be replaced for a no net loss. Condition 28 Mr. Kilday agreed to condition 28, with one change. He will have the rear elevation, which contains the raised stucco bands and louvers, on the second story. It does not contain it on the 17 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 first story. Those areas will have landscaped buffers between them, as well as perimeter base plantings on the first story. That would apply to all buildings that can be seen from rights-of- way. Mr. Haag advised that staff has agreed to this. Staff believes the berm and landscaping will hide the view of the first floor. Condition 54 Mr. Kilday agreed to this condition. He clarified that the trash collection areas that were shown on the final plan did not allow the gate to open toward the vehicle use area. That would not be allowed. In addition, he met with the City's Public Works Director, Bob Eichorst, regarding the collection points addressed in his memo. A gate will be provided along the sidewalks and the collection areas will be redesigned. Condition 55 Mr. Kilday said the area we are talking about is a small stub of right-of-way that comes up to the west property line. He agreed to submit the surveying information and application procedure to staff. However, the applicant is not the abutting property owner on each side. Therefore, he was not sure rise applicant is authorized to make this request. There are two other property owners who abut the right-of-way. The City owns the property on the north. There is an adjacent property owner to the south. Mr. Haag stated that in completing the application, the applicant would have to give the City the name and address of the property owner to the south. Mr. Haag advised that staff accepts Mr. Kilday's revisions this evening and recommends approval, subject to staff comments. Motion Mr. Titcomb moved to approve the request for site plan approval to develop 14.47 acres of the Tara Oaks PUD for a 192 unit townhouse project with private recreation facilities, subject to staff comments. Mr. Beasley seconded the motion, which carried 7-0. 18 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 Project Name: Agent: Owner: Location: Description: The Fdlpatrick Company Richard C. Ahrens Condor Investments of Palm Beach County, Inc. Northeast corner of High Ridge Road and Commerce Road Request for site plan approval to consu'uct a 39,790 square foot wholesale distribution facility on 3.59 acres in the High Ridge Commerce Park PID tLots 1.2 and 3). Chairman Dub6 asked Mr. Ahrens if he agrees with the conditions contained in Exhibit "C" Mr. Ahrens wished to make a few comments, some of which were just for clarification. Condition 2 Mr. Ahrens said this condition requires that the applicant obtained approval from South Florida Water Managemem He advised that he bas that permit. Condition 8 Mr. Ahrens had no problem with this condition. He advised that the 7.700 square foot furore expansion was removed from the landscape plan. Condition 9 Mr. Ahrens stated that he has a tortoise permit from the State of Florida and the agency representing the Kilpatrick Company has been authorized to proceed with gopher tortoise relocation. Condition 10 The omission of the 6 foot high masonry wall was approved by the Board of Zoning Appeals last night. Mr. Haag stated that the variance was to omit the buffer wall which was required along the north property line. The variance was granted last night, subject to the condition that there be in its place a chain link fence along the north property line, and that landscaping shown on this 19 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 plan or the plan approved by the City Commission would be in place. Mr. Ahrens had no problems with that condition. Condition 12 Mr. Ahrens had no problem with this condition. The front of the building is identified as High Ridge Road. Condition 13 Mr. Ahrens advised that he will supply Unity of Title upon closing on the land, which should be within the next two weeks. Condition 15 Mr. Ahrens advised that he will provide a symbol on the revised plan, showing the location of the chain link fence that is to have the slatted material. Chairman Dub6 advised that we need not discuss the conditions that the applicant agrees to. Condition 23 Mr-. Ahrens advised that there are only two trees to be relocated. They are small Oak trees. He believes the plan bas been revised to show that relocation. They will be in the northeast comer of the property. Condition 24 Mr. Ahrens was not sure of the meaning of this condition. Mr. Haag explained that the drawings that were turned in showed the lettering as blue. However, the elevation rendering displayed this evening shows green. Mr. Ahrens stated that the rendering displayed this evening was done prior to the color selection of the sign. "Boynton Pump and Irrigation Supply" will be blue, and "Kilpatrick Turf" will be green. 20 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13. 1996 Condition 25 Mr. Ahrens stated that this is a recommendation from staff. He did not agree to the fzrst part of this condition, which states as foilows: "Show on the plans at the northeast comer of the site a six foot tall berm including the proposed landscape plants and vinyl slats placed in the fence along the entire east property line rather tl~q~n the proposed 3.5 foot tall berm and chain link fence specified on sheets 102 and 201" He said this would interfere with the golf hole. There will be a tee box in the southeast comer, and a functional green in the northeast comer. The purpose for this is that they have facilities all over the State of Florida and are going to utilize that to bring all the major golf course management people here to demonstrate their equipment and sprinkler heads. If we expand the earth berm that is depicted in the area, approximately a third of the way back from the upper right hand Corner along the north property line, with a 4 to 1 slope and a 2 foot flat area on the top, we would almost take up that whole 40 foot berm area. The chain link fence was approved hst night. We have a 3 1/2 foot high berm and material that will grow approximately 6 feet tall. Therefore, in the end, we will have a 9 1/2 foot barrier there. He agreed to extend the fence along the entire north property line. Also, with regard to slatting along the east property line. the east property line abuts another industrial parcel. Other than the area that is shielding the storage, he did not see the need to run the slatting up the entire easterly property line since there is a compatible use m the east. However, the section that would be visible on the south side of the building will be screened. Mr. Alxrens requested that the slatting in the fence along the north property line not be required because he did not think it is necessary. In addition, some police departments frown upon too much slatting because it diminishes visibility inside fenced areas, and they cannot see if anyone is inside. Mr: Ahrens pointed out that this abuts a residential area. If he has to put the slat in, he will, but he thinks it is unnecessary. He thinks the fence would be a lot less intrusive without the sIats, and there would be a natural environment look from the fence side. The residential development to the north has trees approximately 25 feet on center along that property line with five or six hedge type materials underneath each tree. A majority of that area is being preserved as a pine preserve area and only very selective clearing is going to be done in there. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA FEBRUARY 13, 1996 With regard to the last portion of condition 25, Mr. Haag advised that nobody knows what the natural area is going to look like once it is cleared. Therefore, if the City Forester thinks it is sparse, the applicant will have to plant some native material, consistent with what is there, in the spotty areas. Mr. Ahrens assumed the slatted fence would resolve that situation. Tim Kilpatrick said he would rather have the native material than the slatted fence. Mr. Rosenstock asked Mr. Haag why he prefers a slatted fence instead of native material. Mr. Haag said the Board of Zoning Appeals approved the landscaping instead of the wall to create the buffer. With regard to the manmade portion, Mr. Haag recommended at least a 6 foot tall berm and slats to cut the view from the residential. Mr. Kilpatrick was amenable to putting in additional landscaping. He would rather see landscaping than slatting. Mr. Ahrens pointed out that besides the fence, there is hedge material and trees the entire length. Vice Chairman Golden asked why the applicant requested a variance for the wall. Mr. Ahrens explained that there is a natural habitat on the site. A 10 foot utility easement comes across the north property line. The Code states that the wall has to be 2 feet inside the property line or the utility easement, which would be right through the middle of the habitat. When we got done digging the footings, we would have wiped out all of the pines. Instead of taking down 40 and 50 foot trees, we compromised to save the natural area. He pointed out that 40 feet trees with palmetto bushes underneath them is a much better barrier than a 6 foot high block wall. We preserved a lot of pines that otherwise.would have been destroyed. Mr. Haag recommended that the berm be increased from 3.5 feet to 6 feet in height and that the fence be slatted. Mr. Ahrens disagreed with the 6 foot high berm. He said by the time you take a 4 to 1 slope and put a 2 1/2 foot flat area on the top, you have eaten up 30 feet. This entire greenbelt is only 40 feet wide. He did not see the reasoning behind the 6 foot berm. Ms. Heyden and Mr. Ahrens agreed to slatting the corner and putting in additional landscaping. Motion Mr. Beasley moved to approve the request for site plan approval to construct a 39,790 square foot wholesale distribution facility on 3.59 acres in the High Ridge Commerce Park Pti), subject to staff comments as discussed. Mr. Wische seconded the motion, which carded 7-0. 22 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH~ FLORIDA FEBRUARY 13, 1996 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month' s agenda items Ms. Heyden reported on the following: Isles of Hunters Run Site Plan Approval - The Board recommended approval, subject to deletion of three comments. The City Commission concurred with the Board's recommendation. Romano's Macaroni Grill - The Board recommended approval, subject to all staff comments and working out some elevation changes. That entailed not accepting the shared parking study. At the City Commission. meeting, the applicant proposed a plan to add the parking spaces that they were short. Those parking spaces are going to be added to the rear of the shopping center. Therefore. that negated the need for the shared parking study. With respect to the elevation changes, the applicant and staff were able to work out the color of the building, and also the color of the awnings. However, they could not reach an agreement on eliminating the stone. The City Commission agreed to allow the stone. Whipowill Arms Time Extension ~ The City Commission approved this, subject to all staff comments. 8. COMMENTS BY MEMBERS Chairman Dub6 suggested that Ms. Heyden look at the red color on Hops in the daylight. Chairman Dub6 advised that former Commissioner Rosen commented to him after the last Board meeting about the lights at the Amoco station. Ms. Heyden agreed that the lights under the canopy are blinding. She advised that there is a minimum mount of foot candles required, but there is no maximum. However, they cannot produce glare. Mr. Rosenstock suggested that, the Code be revised to include a maximum. Ms. Heyden will pass this information on to the City Engineering Department. Chairman Dub6 reminded the members of the Board whose terms expires this April to resubmit an aPplication if they desire to continue to serve on the Board. 23 MINUTES PLANNING ANDDEVELOPMENT BOARD BOYNTON BEACH, FLORIDA FEBRUARY 13, 1996 10. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 9:15 p.m. Eve Eubanks RecOrding Secretary (Two Tapes) 24 February i0, 1996 l¥~r. J. Stanley Dube, Chairperson Boynton Beach Planning and Development Board Dear ~ir. Dube: I would appreciate your noting my comments and concerns regarding the Hills of Lake Eden project which comes before you on February 13, 1996. Please be advised that copies were provided to the ~yor and City Commission for their review and consideration in January 1996. Sincerely, ~ ,×o Stell8 Rossi 625 ~nispering Pines Rd, Boynton Beach, Fl. 33455 HILLS OF LAKE EDEN COMMEaNTS / QUESTIONS ON FLORIDA NATIVE HABITAT PRESERVE The current master plan, third submittal, shows the preserve as being part of the abutting lots, that is lots that are shown as containing 9,200 square feet and 142.5 feet in depth are in reality 7100 square feet and 110 feet in depth. The applicant treated the preserve as an easement instead of a well defined and dedicated tract. Lots along Swinton Avenue and Seacrest Boulevard were similarly treated, i.e.,the landscape buffer is shown as being part of the lot. In my opinion, this easement treatment comprehensive land use is nor acceptable. of an important element of the Why use deceptive methods to mask the preservation of the native habitat. The only way to insure control in perpetuity is by dedication to the Homeowners Association the way it is done by most other jurisdictions. The Master Plans show no attempt to identify the best Florida Native Habitat encompassing scrub and pine flatwoods on the 15 acre parcel. Developers site plan optimizes number of lots with little regard to the existing native habitat. The 65 feet and 55 feet wide preserve easements are not only in the wrong location but contain only one-half of the identified scrub using the C & N Report. The 65' and 55' wide strips are too narrow to be considered viable preserve. The required set aside should have been in one piece to better insure its ability to survive. The applicants plan treats the preserve as landscape buffers. The proposed preserve easement is not located on the top of the ridge as C & N Report indicates. The East preserve is on the slope. The applicant was required according to Kevin Halahan to submit a clarification of the calculations that accompanied the tree location plan. There is no explanation of how the net scrub preserve acreage was determined. Based on aerial photos of the site, it appears that a portion of the West strip preserve easement shown on the Master Plan lies within a previously cleared area identified in the C & N report as the "Cleared Western Portion". This again, indicates a disregard on the pan of tine applicant for not including those areas that contain the best native plant communities.