Loading...
Minutes 08-09-94 HINUTES OF THE PLANNING ANO DEVELOPMENT BOARD MEETING HELD IN COHHISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 9, 1994, AT 7:00 P.M. PRESENT Gary Lehnertz, Chairman Stanley DubA, Vice Chai~n Bradley Weigle Daniel Winters, Alternate ABSENT Jim Golden (Excused) Richard Gram Maurice Rosenstock Tom Walsh (Excused) Pat Frazier, Alternate (Excused) 'Tambr~ Heyden, Planning and Zoning Director Mike Haag, Zoning & Site Devel. Administrator James Cherof, City Attorney PLEDGE O_~F ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:05 p.m., and led the Pledge of Allegiance to the Flag, INTRODUCTION OF HAYOR~ COMMISSIONERS AND BOARD MEMBERS Chairman Lehnertz introduced the Board members and Attorney Cherof. AGENDAAPPROVAL Vice Chairman Dub~ moved approval of the agenda as presented. seconded the motion, which carried unanimously. APPROVAL OF MINUTES Mr. Winters Mr. Winters moved to approve the minutes of the July 12, 1994 meeting. Mr. Weigle seconded the motion, which carried unanimously. COMMUNICATIONS .AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department: z. Final dlsposttlon of last month's agenda items Tambri Heyden reported on the City Commission's action of last month's agenda item. C-15 Linear Park - The City Commission approved the project subject to staff comments. They also recommende~ omitting the parking lot during the first phase of construction. That parking will be constructed during Phase II. 2. Harvey's Restaurant - This was approved subject to all staff comments. - i - MINUTES - PLANNING AND OEVELOPM~ BOARO MEETING BOYNTON B~H, FLORIOR AUGUST 9, 1994 Barnett Bank - The Board had a great deal of discussion about the "no right turn" sign; however, the City Commission determined that the "no right turn" sign has been in place for a long time, and they did not see a problem. No extra provisions were made to either make the area one way or change the signage to redirect the traffic. In addition to staff comments, this was approved with the addition of gates to the dumpster enclosure. 4. Boynton Festive Center - This was approved subject to all staff comments. 5. Quantum Park use approval for the Tri-Rail Station was approved. The Ordinance to change the Sign Code to allow bus shelter signage was approved. It is scheduled for second reading next Tuesday. No action was taken on the Board's recommendation regarding not allowing signage on shelters. Chairman Lehnertz recognized the presence in the audience of Mayor Harmening. UNFINISHED BUSINESS None NEW BUSINESS A. PUBLIC HEARING CONDITIONAL USE Project Name: Owner: Agent: Location: Palm Walk a/k/a Boynton Belvedere Trio Associates ~Ltd. Mark Fassy North side of SW 19th Avenue, approximately 351 feet east of Congress Avenue Description: Request for conditional use approval to construct a t7,042 square foot, 48 bed adult congregate living facility (ACLF) on a 1.955 acre site. Mike Haag made the presentation. The location of this facility is zoned R-3, and the project is in the Modern Design District of the Community Design Plan. There are two buildings on the site; an administration building on the north side of the project which is 4,000 square feet, and the residence which will house the Alzheimer's patients. The project will also include a gazebo, and a canopied area which will allow for unloading at the administration building. The parking lot is located to the rear of the site. -2- HINUTE$ - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 9, 1994 The Adult Congregate Living Facility (ACLF) has been determined to be a per- mitted used in the R-3 zoning district; however, nursing homes are not. The s~irround~ng uses include a commercial building to the north Which is on the opposite side of a buffer wall. Leisurevitle is to the east and to the south across SW tgth Avenue, and Cedarwood Villas abuts this site to the west, The parcel of property involved in this project was to have been the second phase of Cedarwood ¥illas; however, that project did not materialize. The standards used for evaluating a conditional use are identified in the Code. They include the following: Thereis ingress/egress on SW 19th Avenue. There is one two-way into the site leading to the entrance to the administration build- ing. There is a pedestrian sidewalk from the right-of-way along the east side of the residence building. Sixteen off-street parking spaces are required by Code. Seventeen spaces are being provided. One of those spaces wilt be a handicap parking space. The refuse amd service area are combined and tocated in front of the bu~ldl~ng at the southeast area of the site. There was a concern about the dumpSter location and dumpster pick up. That concern was resolved this afternoon with Mr. Eichorst by the addition of a pad with curbing. A roll-out dumpster will be stored and rolled out on the day of pick up. 4. Once the Utilities Department comments are satisfied, they will meet COde requirements. This landscape plan is consistent with the Landscape Code. There are some minor staff comments with regard to spacing of the species in certain areas as well as some material along the back portion of the property. No buffer walls are required for a residential use. They have provided the landscaping screen for the residential area and foundation landscaping around the building. With regard to signs and exterior lighting, there will be a sign attached to the wall in front of the service area whiCh will meet the Sign Code requirements for size and height. The vehicle use area requires proper site lighting to meet the Code. At this point, staff recommends that the light poles be limited to a 20' height. The reason .for this recommendation is because of the fact that this is in a residential area. 7. Once staff comments are complied with, the building will meet the building and site regulations for setbacks. 8. The applicant has designed the buildings to be compatible with the surrounding buildings. -3- MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 9, 1994 Staff has recommended that the buildings be no higher than 20' in height. The elevations which were on display, showed the building at 25' in height. The reason for staff's recommendation is to try to fall in line with the scale of the surrounding buildings. 10. This project will be of benefit to the people of the City. Alzheimer's patients could make use of this facility. This site plan was platted and approved in 1980. It received its vesting at that time for con- currency and site plan. This standard involves the fact that the process they are pursuing follows through with Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III, Chapter 4 Site Plan Review) t2. This is a performance standard which requires that this site operate within Code compliance. This will be evaluated once the project is in working condition. Code Enforcement and other regulatory agencies will follow through with this requirement. Mr. Haag referred to the colored elevations which were displayed. The applicant plans to mix white, pink and a muted blue/gray. There will be a skylight dormer on the north side of the residential building. The gazebo will have an awning- type canvas canopy. The entrance canopy leading into the administration building will also have a canvas canopy. There is also a canvas canopy which connects the two buildings. The colors of the canopies will blend with the surrounding buildings. There is a Community Design Plan appeal for the roof material. The applicant shows a cement tile roof which is not allowed in the Modern Design District. Staff has reviewed the plan and offered comments which are identified in the back-up material, Staff recommends approval subject to the comments, The Planning and Zoning Department recommends approval of the project. However, the use the department is recommending approval for would be an ACLF-Alzheimer's patients. Nursing homes are not a permitted use in this zoning district. At site plan levels, it is very difficult to tell whether this project is being developed to pOssibly turn into a nursing home. There is a fear that this would turn into a nursing home. Mr. Haag further advised that there are three addi- tional ACLF projects located in the City's three zoning districts. We have no way of know if they have turned themselves into nursing homes. The Planning and Zoning Department recommends approval of this project, subject to staff comments. Mr. Weigle inquired as to how the applicant can reduce the building height from 25' to 20'. Mr. Haag said the applicant can accomplish this in a few ways, one of which would be to reduce the 5 and 12 slope to eliminate the additional 5'. In response to Mr, Weigle's question, Mr, Haag advised that the project directly to the west is approximately 15' in height, although he did not have the exact dimensions available. -4- MINUTES - PLANNING AND DEVELOPMENT BOARD HEETIHG BOYNTON BEACH, FLORIDA AUGUST 9, 1994 Vice Chairman Dub~ expressed concern about the number of parking spaces. He pointed out that half of the number of spaces will be occupied by the employees. He wondered where the cars will park if half of the residents have visitors. Mr. Haag explained that staff determined that the parking space ratios would be one parking space for every three beds, That is the ratio which has been used for ACLFs in the past. Mr. Haag said he investigated this situation when the recent application which was approved for Carl Lindner came through. They had parking spaces available which were never used. Mark Fa$$~, owner of the property and licensed architect, said he concurs with staff comments. He explained that he had concerns with the roof materials. He chose the roofing to comply with the neighborhood. It will blend with the homes in Leisureville. He also expressed concern about the 20' setback to the eave as opposed to the building. The building is quite large. He is attempting to pro- vide as much landscaping between the entrance roadway and what will be the future expansion of the building. Every foot of landscaping which can be secured would be helpful. There is a 6' high wall on the west property line. Beyond that wall is the road and a blank wall at the start of the first row of houses, He would like to be able to consider the setback to the building tine as opposed to the overhang tine. Mr. Fassy said the reduction of the roof height is not a problem. It will cost him less money. He felt the 25' height was proper for the scale of the building with a 5 and 12 slope, but he will consider a reduction. With regard to the lighting, he felt it should be illuminated properly, but he is willing to go along with staff's recommendation for less than what the Code requires. Chairman Lehnertz asked Mr. Fassy to address staff's concerns about turning this facility into a nursing home. Mr. Fassy said this is an ACLF. A Certificate of Need is required by the State to make this facility a nursing home, Part of the procedure to turn this into a nursing home would require that they be zoned for a nursing home and they are not. Therefore, they will not be able to secure the Certificate of Need. Chairman Lehnertz confirmed with Mr. Fassy that if he decided to turn this facility into a nursing home, the City will be aware of the fact that he was in that process. Mr. Fassy said he has no desire to turn this into a nursing home. Bill ~ 1912 SW lSth Avenue, President of Boynton Leisurevilte Community Associat)on,'said-~e r-~resented the Board of Directors and some of the resi- dents whose property wilt abut this proposed ACLF. At a recent meeting with Mr. Fassy, the residents viewed the plans on display this evening. Mr. Fassy answered all questions eno concerns including turning this into a nursing home, landscaping, dumpsters, etc. Following the meeting, a "show of hands" was taken, and it was the consensus of opinion of approximately fifty (50) or more of the residents who attended, that they would have no objection to this ACLF on this site. He requested that the Board approve this project and move it forward to the City Commission for their approval. -5- MINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA AUGL~T 9, 1994 Mr. Weigle questioned whether or not the height of 20' as opposed to 25' was discussed. Mr. Fassy said no such discussion took place during that meeting. Mr. Lynch confirmed that the residents reviewed the colored elevations which the Board was reviewing at this meeting. The residents liked what they saw and have no problem with the 25' height. Chairman Lehnertz read a letter from Waldemar Moehle and Lucy Moehle dated August 2, lgg4, which states their opposition to any zoning change in this resi- dential area. (A cop9 of the letter is attached to the original set of minutes on file in the ~ity ~lerk's Off, ce.) Because of his interest in the environmental aspects of these projects, Chairma~ Lehnertz asked Mr. Fassy if he would be agreeable to using Melaleuca mulch instead of Cypress mulch around the shrubs. Chairman Lehnertz pointed out that this will not add any additional cost, it is readily available and, on the long range, it will help preserve Cypress trees ano eliminate Melaleuca trees. Mr. Fassy said he will discuss this with his Landscape Architect. Mr. Weigle reiterated his concerns about reducing the height of these buildings. He knows the slope will change, and at this point, it is in proportion to the building. The residents in the area liked what was presented to them, and he sees no reason to reduce the height. The owner is an architect and he did this plan to meet the proportions of the width of the bu}lding and to include the dormers. Lowering this height may ruin the appearance of the buildings. He would not like to see that happen. Motion Mr. Weigle moved to accept the request for conditioqal use approval to construct a 17,042 square foot, 48 bed adult congregate living facility (ACLF) on a 1.955 acre site, subject to ali staff comments with the exception of the 20' height requirement. Vice Chairman Dub6 seconded the motion, which carried 4-0. B. ADMINISTRATIVE APPEAL COMMUNITY DESIGN PLAN Project,Name: Owner: Agent: Location: Palm Welk a/k/a Boynton Belvedere Trio Associates Ltd. Mark Fassy North side of SW 19th Avenue, approximately 351 feet east of Congress Avenue Description: Request for an appeal to the Modern Design District roof material requirement for a proposed adult congregate living facility (ACLF). Mr. Haag made the presentation. As mentioned earlier in the meeting, this facility is located in the R-3 zoning diistrict in the Modern Design District. The roofing material required for this Community Design District includes metal, tar and gravel, built up with deck and space frame with skylight. The applicant -6- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH~ FLORIDA AUGUST 9, 1994 is attempting to match the design of the roof and roof materials of the sur- rounding buildings located in Leisurevitte. He has requested that a white cement tile be acceptable. The white cement tile will be placed on the resi- dence building and the administration building. The gazebo roof and canopy will be canvas. After reviewing the surrounding neighborhood, staff has recommended approval of the request to the Community Design Plan with a stipulation that the roof material for the canopy match the roof material on the administration building and the residence building. Mr. Haag pointed out that originally it was planned that this building would have a cement tile roof. The applicant changed that and is now requesting that the roof be of canvas material, Staff recommends approval of the project with the stipulation that the canopy entrancewa? have cement tile to replace the canvas roof. H~rk Fa$$~, architect and ownpr Of the~would like the canvas entry for aesthetic.appeal an2 t~e cost ef~-~ct--T~ene~: ~e sees no reason or judgment why the Plann~lng staff, should change his design. He stated there is nothing in the Code that makes this interpretation. Vice Chairman DubA pointed out that this was originally planned with a cement tile roof, and then changed. Mr. Fassy said there have been many plans. One of the reasons why it is submitted in this manner is because it has been reviewed and revis:ed, and he would like it accepted as submitted. Mr. Haag clarified that Mr. Fassy's request is that the white cement tile remain on the residence building and administration building, and the canvas remain on the canopy and the gazebo. The Code clearly says the structures must have the roof materials stated earlier for the Modern Design District. Mr. Fassy asked if the Code states that the canopy must match in material. Mr. Haag explained that the same structures shall have the type of materials identified in the Code, Mr, Fassy pointed out that the canvas canopy is not over inhabitable space. Vice Chairman Dub~ feels it makes sense to go ahead with the cement tile roof because the surrounding area is tile. He also feels that since the gazebo is being left with the canvas roof, the entranceway should also have the canvas roof, Mr. Haag confirmed that there was no reason for the recommendation that the entranceway roof be tiled other than the fact that there was a drawing showing it that way. Further, the Building Code does allow a carport or entry canopy to have an awning. Mr. Fassy Said his intention was to light the entrance canopy fromunderneath. At night, this lighting would provide a glow and clearly define an entrance space. He felt this would enhance the entrance to the property. Mr. Weigle pointed out that Mr. Fassy is not required to put anything over the entranceway. Mr. Haag confirmed this statement to be true and explained that this was an attempt to soften this portion of the site against the residential area. -7- NINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA ALIGUST 9, 1994 Motlen Vice Chairman Dub~ moved that we approve the request for relief from the roof covering material requirement of the Community Design Plan. Mr. Weigle seconded the motion, which carried unanimously. C. SUBDIVISIONS EXCEPTION T...~O PLATTING Project Name: Owner: Agent: Location: The Vlnlngs at Boynton Beach Howard Scharlin, Trustee Richard Wolfarth, C.C.L. Consultants, Inc. Northeast corner of SW 8th Street and Morton's Way Description: Request to subdivide a 33.87 acre parcel from Tract C, the undeveloped, multi-family/duplex designated parcel of Woolbright Place, Plat No. 1. Ms. Heyden made the presentation. The PUD was platted in [990. As part of the plat, there was a residential tract called Tract "C". That tract was comprised of three residential pods on the master plan. When the plat was developed, it was a boundary plat and did not differentiate between the residential pods. Along with this request, the applicant has submitted a site plan approval appli- cation for 548 rental apartments on the 33.87 acre parcel which he wants to sub- divide from Tract "C", That could result in Tract "C" being divided into three parcels. There is criteria in place which states that no land is to be divided into more than three parcels. That is the criteria applicable to this application. Only three parcels are being created at this time. Development of the 33 acre parcel for the rental units does not require any additional easements or right-of-way dedications. The City Engineer and the Planning and Zoning Department recommend approval of this request. If the exception is granted, a survey establishing the formal boundaries of the new parcels without phase lines as property lines, must be submitted prior to permitting. Ms. Heyden requested this be added as a con- dition of approval. Chairman Lehnertz requested additional clarification on the reason for this request. Ms. Heyden said they would not have to replat unless they did not meet the criteria in the subdivision regulations. Since they are under the threshold with regard to the number of parcels, they meet the criteria and need not replat. The applicant was not present. Chairman Lehnertz reminded the Board that the Planning and Development Board has approved two site plans for the commercial portion of this property; however, no -8- H~NUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA AUGUST 9, 1994 work has been done. Ms. Heyden said Acme Plastics decided not to continue with their contract. Race Trac is in the permitting process. The building permit has not yet been issued. They had a problem with power lines going through the site. Those power lines had to be relocated. Ms. Heyden said there has been interest in the remainder of the property. Motion Vice Chairman DubA moved to recommend approval of the request to subdivide a 33.87 acre parcel from Tract "C", the undeveloped, multifamily/duplex designated parcel of Woolbright Place, Plat No. 1, the Vinings at Boynton Beach. Mr. Weigle seconded the motion. Chairman Lehnertz pointed out that he has a problem with the absence of the applicant. He feels the applicant's appearance would have shown some respect for the process. The motion carried 3-1. (Chairman Lehnertz cast the dissenting vote because he felt the applicant showed a lack of respect for the Board.) Attorney Cherof confirmed for Ms. Heyden that the motion did not have to include the condition regarding the recording of a survey. He advised that this is a Code requirement which is automatic. D. OTHER CONSISTENCY REVIEW 1. /~nendment to the Zoning Code, Section 11.D, Home Occupations, to provide consistency regarding truck weight. Ms. Heyden explained that the topic of truck weight, as it relates to parking of trucks in residential areas, was discussed numerous times last year between April and September. There were two Ordinances resulting from the discussion. One of the Ordinances changed the allowable weight from 3/4 ton to one tcn capa- city, and the second one clarified the weight restrictions. It was recently discovered that when the last Ordinance was adopted, it created a conflict with the Home Occupational License section. The City Attorney has prepared the new Ordinance which will eliminate the inconsistency. Since there are no Comprehensive Plan policies which relate to this issue, this amendment is consistent with the Comprehensive Plan, She recommended that the Board make the determination that it is consistent with the City's Comprehensive Plan. Motion Mr. Weigle moved that we accept the recommendation of the Planning and Zoning Department that a determination be made that the request to amend the Zoning Code Section i1.D is consistent with the Comprehensive Plan. Vice Chairman Dub~ seconded the motion, which carried unanimously. g MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTOH BEACH, FLORIDA AUGUST g, lgg4 COHHEHTS BY ME~ERS None AD&OORNMENT There bein9 no further business to come before the Board, the meeting proper]y adjourned at 8:05 Prainito Recording Secretary (One Tape) - 10 - AUguSt 2~ 199~ . [~-n~ notice abOUt !he PrOposed Ye ~ere g~Ve %L ,~+'S~,~ ~hrough 4B ~nC~U..s~ve o~ ~ - '~2 palm Beach C Y Florida. zoning change, since ~e are We are A~INS~ any in a Resid~taaI area and' you mant to bring a com- mercial e~/erDrise in the area. Sincere[Y, /~a[de~ar ~oeh[e