Minutes 07-14-92HINUTES OF THE PLANNING ANO DEVELOPMENT BOARD HEETING HELD
COI4NISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, OULY 14, 1992AT 7:00 P,M.
PRESENT
Gary Lehnertz, Chairman
Marilyn Muckle, Vice Chairwoman
Nathan Collins
Ken Johnson
Bradley Miller
Shirley Stevens
Nathan Sussman, Alternate
ABSENT
Dean Fleming (Excused)
PaUl Davis, Alternate (Excused)
Mike Haag, Zoning & Site Devel.
Administrator
Tambri Heyden, Senior Planner
PLEDGE OF ALLEGIANCE
Chairman Lehnertz called the meeting to order at 7:03 p.m. and led the Pledge of
~llegiance to the Flag.
INTRODUCTION OF NAYOR~ COMMISSIONERS AND BOARD MEMBERS
Chairman Lehn~rtz introduced the Board m~mbers and announced the presence in the
audience of Commissioner Jose Aguila.
AGENDA APPROVAL
There being no additions, deletions or corrections, Shirley Stevens moved the
approval of the agenda as presented. Marilyn Huckle seconded the motion which
carried unanimously.
APPROVAL OF MINUTES
Bradley Miller asked that Paragraph #4 on Page 16 be corrected to read, "Mr.
Miller questioned the variance approval...".
Shirley Stevens asked that a notation be made in the section on Waste Management
to reflect the fact that she asked Michael Bryant or John Albert how long the
City would get free mulch and his response was "indefinitely".
Marilyn Huckle moved to accept the June 9, 1992 minutes as corrected. Mr.
Collins seconded the motion which carried unanimously.
COMMUNICATIONS AND ANNOUNCEMENTS
Tan~bri Heyden stated that discussions took place at the May meeting and the
workshop.regarding documents for new Board members. At that time, documents
were distributed. Ms. Heyden prepared and distributed a list of materials
which had been presented to former members of the Planning and Zoning Board and
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NINUTES - PLANNING AND DEVELOPNENT BOARD NEE'rING
BOYNTON BEACH, FLORIDA ~IULY 14, 1992
Community Appearance Board. She suggested the list be reviewed and asked mem-
bers to resubmit the list, placing his/her name on top with items circ)ed. The
requested mateKiats will then be given to those members in the near future.
A. REPORT OFT HE PLANNING ANG ZONING DEPARTMENT
There is no report from the Planning and Zoning Department regarding administra-
tive approvals.
OLD BUS~NESS
None
NEW BUSINESS
A. SUBDIVISIONS
t4ASTER PLAH MODIFICATIONS
Project Name:
Agent:
Owner:
Location:
Boynton Con~mrce Center
Motchkavitz Engineering Company
MIG Companies {MIG}
Between Woolbright Road and Golf Road east of the E-4
Lake Worth Drainage District Canal and west of the
Seaboard Airline Railroad
Description:
Request to reduce the width of the peripheral green-
belt along the east side of the subject property from
twenty-five feet {25') to approximately six feet {6')
at the south end and fifteen feet (15') at the north
end, add sixty-nine {69} parking spaces and asso-
ciated landscaping directly west of the proposed
greenbelt.
Mike Haag made the presentation. Mr. Haag used an overhead projection to depict
the site on a map. This is a Planned Industrial District for which there is a
required greenbelt. A 25' greenbelt is required along the east property line,
the south property tine and the north property line. There is a requirement for
a 40' greenbelt on the west side of the property which is along Leisureville.
The applicant has requested a greenbelt reduction from 25' to 6' at the south
end to approximately 15' at the north end. This request was determined to be a
minor change by the City Commission. The Planning and Zoning Department recom-
mends approval subject to staff comments.
In response to Mr. Miller's question, Mr. Haag stated the buffer is required
because this use is adjacent to another commercial use. The applicant has
requested the reduction in order to supply additional parking spaces on the east
side of the project. It was explained that currently, there are enough parking
spaces at the site, but the applicant wishes to add the spaces to make parking
more convenient for the tenants on the east side.
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HINUTES - PLANNING AHD DEVELOPHENT BOARD HEET]rNG
BOYNTON BEACH,, FLORIDA JULY Z4, 1992
Ms. Stevens confirmed that the applicant is willing to agree to Mr. Hallahan's
comments regarding relocating all existing trees. In response to Ms. Stevens'
question, Mr. Haag stated that the applicant is responsible to upgrade only the
new portion of the parking lot. ~f this request is approved, it will be
necessary for the applicant to go through site plan review and return before the
Planning and Development Board for the parking spaces.
Ms. Huckle wondered if the present parking lot meets the current Code. Mr. Haag
pointed out that although the Department has not gotten into such an investiga-
tion, the site w~s developed in ~982-83 amd., t~erefo.re, it would no, meet the
present Code. ~Additional foundation landscaping h~s:been added and the parking
lot has been restriped.
Mr. Collins pointed out that the site plan does not show any foliage at the
narth end and asKedif~ they ptanto add Some landscaping in that area. Mr. Haag
$~sted ~opl'a~s ~or SuCh an addition exist ~t this time. He ~urther pointed out
~hat ~nether s~te }s located to the north a~d the ~ntire project W~uld require a
pe~ip~era.l greenbelt. The entire project has not yet beeh developed.
The or~ginal
They will be putting in forty
trees on ~his Site.
this pro-
trees.
~airman Lehnertz mentioned a letter from NtG which talks about how the improve-
~ent? will add protection'to .the weltfi;e}d. He a~ked for an e~planation. Mr.
G~nt~le stated there is a welilfield alOng the boundary. It is right off a
~wale. The runoff from the parking lot. ru~s over to the wel. lfield and per-
O~la~es down. Grease from tCucks percolates into the well.. The applicant
~ill provide for a reversal of slope at ~hat location so that 'runoff will be
~e~Way fro~ the. wellfield. Further, the~ wil.l be. aspEalting around where the
ll~iela i:s located so that serv.ice p~rsonnel wi~.l have an area for parking
dathen tha~ pa~king ~n anether location where anythilng dropped by the truck wit
Percol:at~ ~own into the ground.
~n response to Chairman Lehnertz' question, Mr. Gentile stated he has no
problems with any of the staff comments.
Mr. Gentile informed the Board that they are complying with the new ADA require-
ments which provide larger handicap spaces. The project is not fully built out.
This project has enough spaces now and will have enough spaces at build out.
Mr. Sussman moved to accept this request at this point subject to all staff com-
ments. Ms. Huckle seconded the motion which carried unanimously.
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NTNUTES - PLANNING AND I)EVELOPHENT BOARD HEETTNG
BOYNTON BEACH, FLORZDA
dULY 14, 1992
B. SITE PLAN
HEN SITE PLAN
Project Name:
Agent:
Owner:
Location:
Hodular Node1 Home Sales Center
Jim Zengage
Walter Dutch
Southeast corner of NW 7th Court and Boynton Beach
Boulevard
Description:
Request to construct a modular model home with sales
office, associated parking area, and landscaping on a
.22 acre vacant site.
Mike Haag made the presentation. This is a corner lot. The Land Use Plan
Designation is Commercial/Local Retail and the present zoning designation is
C-2. The type of use is a sal,es off~ce for a modular home. The building will
be designed and constructed tO represen~ the model home. The site iS approxima-
tely 9,500 square feet and ~he~uilding is=appr6ximately 1,583 square feet.
Photos were presented for vie~ihg by Beard m~b~rs.
Mr. Haag explained that theKe is a residential d~strict to the north, Wendy's
Restaurant to the east, Boyn~on.Beach ~B~u)evar~to the south and across 7th
Court to the west is a vacant lot. M~, Haagus~d the overhead projection to
show a Site plan landscape pl,anof the ~ro~eCt. The entrance into this project
will be off NW 7th Court'innova small p~rk~ng a:rea containing four parking spa-
ces. The east half of the stracture w~l~ be ~hs model house and the office will
be built where a garage would exist. ~Ths landscaping proposed is to Code sub-
ject to Mr, Haag's co~ents. Pou'mdati~O~ landscaping ,has been provided around
the structure.
This site is located within the Community Des,ign District designated as Medi-
terraneah~. The Planning and ZoningDepartmen~ feels if this theme is imposed,
the home would not took like the home the appilicant is attempting to sell to
prospective buyers. The Department asked foK relief from meeting all of the
requirements of the Design Plan. However, the applicant is using the colors
suggested in the Plan. ~r. Haag reminded the, members of some of the require-
ments oflthe Mediterranean design plan and explained that this project will have
asphalt Shingles rather ~han a cement tile roof. The project will be vinyl-
sided ra~her ~han a brick or stucco finish. Further, the tree does not~ meet the
Communityl DeSlg~ Planand there will be no iron gates, decorative lamps, accent
tile, be)q towers or arches.
Staff feels that comments cam be addressed at the time drawings are submitted
for permit. The Planning and Zoning Department recommends the Board find the
plans acEeptable and forward thom to the City Commission with a recommendation
that it b~ subject to the administrative decision by the Director to waive the
requirements of the buffer wall and the Board accept the degree to which the
building and site areshown i~n compliance with the Community Design Plan for
this spe~¢ific use and concept and subject to the applicant submitting working
drawings Of the project for permit review that depict the project in compliance
with the City Code of Ordinances and the attached staff comments.
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MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING
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Hr. Haag explained that there is a requirement in the Code for a 6' masonry wall
when a commercial site is adjacent to a residential site. The Department feels
this requirement should be waived since this is a temporary use. The model home
is a dry model,
Ms. Huckle wondered why there was no recommendation for the replacement of the
masonry wall with a hedge, Mr. Haag stated there is no requirement for any kind
of buffering except for the required landscaping around the parking lot. She
further questioned the height of the vegetation. Mr. Haag said the minimum at
planting is 18". Chairman Lehnertz feels it is more important to question how
high they will allow the vegetation to grow. He pointed out that Coco Plum will
easily grow 6' to 8'.
Ms. Stevens explained that the City Commission passed the Community Design Plan
for this particular area. Mr. Haag said this corridor along Boynton Beach
Boulevard going west is in the Mediterranean/Spanish theme, but much of the
development in that area was done prior to the inception of the Community Design
Plan. However, the new buildings are required to follow this Plan.
Ms. Stevens further stated that this use does not appear temporary when they are
planning to be at the location for at least three to four years. It is a com-
mercial site and will always remain a commercial site, and she feels the resi-
dents should be protected with a buffering wall. She further stated that the
cost of the wall, can be recouped at the time of sale. Ms. Stevens stated she
cannot support this petition.
Mr. Miller asked for clarification of Mr. Newbold's memorandum requesting a cash
bond to return the property to its original state. Mr. Haag reported that the
TRC felt the City should have protection in case the applicant left the dry
model on the site. The bond would be used to clean the lot. This is part of
staff's recommendation. Mr. Miller further agreed with Ms. Stevens' remarks
regarding the necessity for a buffering wall to protect the residents from the
commercial use.
~O~m~RockwellDeveloDlng Company, 2499 Glades Road~ Suite 104~ Boca
~iFL3~4~ he has been attemptin-~--~o bring afford~hoUsin~--~-~to
! e community. He chose this Sitebecause of its high visibility. Mr. Zengage
~said it is impossible to build a modular home and keep it affordable if he
follows the requirements of the Community Design Plan. The best he can offer is
compliance with the color scheme. The landscaping requirements have been
complied with except for the one northern line. He does not have a problem
complying in that area. The construction of a 6' high masonry wall is cost pro-
hibitive and feels the landscape buffer would be sufficient. With regard to the
cash bond, he agrees to post a cash bond for the removal of the building, but
does not see the necessity of destroying the parking lot and the underground
utilities to return the site to a barren lot. Mr. Zengage suggested the
construction of a window box fence versus a masonry wall, if the landscape
!buffer is not sufficient.
In response to Mr. Collins' question, Mr. Zengage stated that similar units in
Flagler County have recently been completed. It is hoped that models can be
offered in Boynton Beach at prices ranging from $40,000 to $70,000. Mr. Zengage
~has spoken with the Housing Partnership in Palm Beach County and they are
interested in seeing this project come about. They have talked about doing
infill projects north of Seacrest Boulevard. Mr. Collins does not see $60,000
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MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING
BOYNTON BEACH~ FLORIDA
~ULY 14, 1992
to $70,000 as affordable. Mr. Zengage stated that a small house is front end
loaded with plumbing, electric, kitchens, bathrooms and air conditioning, etc.
Ms. Huckle wondered if these hemes are prefabricated, Mr. Zengage responded
that they are not prefabricated. The module is constructed off site. There are
three DCA~approved plants in Florida. The modules are built in large factories
under ideal conditions. The workers work shifts and produce a home within seven
to ten days. The modules are trucked to the site, lifted by crane onto a stem
wall and the front and back portions are "married" together from under the foun-
dation. A family can be put into a home within fourteen days from delivery.
Mr. Zengage confirmed to Chairman Lehnertz that these homes will be put on lots
owned by the prospective buyers.
Ms. Stevens questioned what decision had been made regarding the installation of
spr3nkler system or fire hydrant, Mr. Zengage said no decision has yet been
made. Costs are being investigated at this point, but one will be chosen. This
is a requirement of the Fire Department.
Responding to Mr. Miller's question, Mr. Zengage reported that removal is as
easy as installation and the home can be used again. Mr. Zengage said that
because of the dry construction of the model, it was not built toward commercial
code, When this model=becomes ~bsol~te, his choices would be to remove the
model or upgrade it to code. It would be easier to move the model to a residen-
tial tot. Mr. Zengage is leasing the land.
Chairman Lehnertz asked Mr. Zengage if he would have a problem con forming with a
cOndition that the ~oc6 Plum be grown and maintained at a height greater than
18". Mr. Zengage h~s mo Problem with such a condition.
Mr. Collins has no problem with this use and feels it might benefit some of the
people in the commuhit~.
Ms. Stevens does not feel this project is temporary since no time limit has been
set. The only reason for waiving the building requirements is because this is a
temporary use, but she does not feel this can me called temporary. All new
construction in this area has been required to follow the Community Design Plan
and she does not feel this project should be exempt. She further feels the wall
must be provided to protect the residential areas. Ms. Stevens does not feel
Boynton Beach Boulevard is an appropriate location for this type of facility and
she will not support this project.
Mr. Zengage explained to Ms, Huckle that no other site was considered because he
was searching for a high profile location. He feels this model will blend in
with the community. In response to Ms. Huckle's question, Mr. Zengage stated
that his lease is for two years, renewable in two-year options. He has no
objection to setting a specific time limit for the use and then returning to
discuss the situation.
Mr. Sussman questioned whether or not Mr. Zengage is still willing to post the
cash bond. Mr. Zengage is willing to post the cash bond, but only for the
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HINUTES - PLANN)NG AND DEVELOPHENT BOARD HEETING
BOYNTON BEACH, FLORIDA ,,1ULY 14, 1992
removal of the house. He does not feel it is proper to return the lot to its
original condition which he called scrub. He feels everyone would benefit from
the landscaping and the next user might have use for the parking lot. He would
like further discussions with staff on this matter. He is willing to remove the
home and foundation from the property, but would like to leave the underground
utilities, landscaping and parking lot.
Chairman Lehne:rtz feels this is a~ goo~ project because the City has areas which
are in need of ~nfill. This project'~ould ~llevia~e that problem. While he
understands theconcerns about the Community Design Planand the lack of the
buffer wall, he seesWend~'s ~nd Texaco closeto this site and their design is
not at all close to the Community Design Plan. Chairman Lehnertz hooes this
project will be successful,
Ms. Hucklel feel~ ~Ee elevQtio~ facing Boynton Beach Boulevard is aesthetically
u~appea~ing. S~%,~sked i'f.,~hat ~ul~be made more ~ttractive, Mr. Zengage
~greed;to Ures~L~tbeg~bl~e'~o.r~ion~iwith a dormer and ~eplace the tree on
B6y~to~ Be~¢h B6~levard w~th' a~la~rg~ flowering shade tree next to the building.
Mr, H~ag remind~d~he ,Board that i~ they are going to go along with the Planning
D~p~m~nlt!~:s~ F~endation t~ waive the buffer wall, Comment #2 from his staff
comments'would ~a~e tobe rom6ved.
Mr. Miller; agreed the use is eeeded in the City; however, he has a problem with
the ,u~e b~$nga~cen~ to ~hei~esidential community. Buffering is required.
Fur~r,i ~e' ~th of time t~e use will be at the location and its non-
com~l,ianc~,w~h?.~e Commun:ity!Design Plan are also problems. Mr. Miller asked
if ~r. Zengag~ ~s.
1, willing to go along with a time frame such as two years;
2. wi]ling~,to relocate the tree near the building on Boynton
Beach Boulevard; and
3. willing to post a 110% cash bond for removal of the
building and foundation.
Mr. Zengage ha.s~ no problomwith the tree. The 110% cash bond for the removal of
the building and the foundation is no problem. Regarding the two-year time
frame, Mr. Zeng~ge would rather not agree to two years since that is not very
much time. He would suggest five years. After discussion, Mr. Zengage agreed
to a time limit of four {4) years and then he will return to review the
situation.
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NIl, lUTES - PLANNING N,ID DEVELOPI4ENT BOARD HEET}*NG
BOYHTON BEACH, FLORIDA
~ULY 14, 1992
Mr. Co]lins moved that the Board approve the request to construct the modular
model home with sales office, associated parking area, and landscaping on a .22
acre vacant site subject to all staff comments with the exception of Michael
Haag's Comment #2 requiring a solid masonry buffer wall and clarifying Mr.
Jaeger's comment that the posting of a 110% cash bond would be for the removal
of the building and the foundation; that we recommend this to be a four-year
temporary approval at which point the applicant can come back to the City for
renewal; that the hedge on the north parking lot line will be grown and main-
tained at 6' heights; that there will beadditional landscaping or elevation
enhancements on the south side to increase the aesthetics for Boynton Beach
Boulevard; these will be handled through staff recommendations in working with
the applicant; that the Board accepts the degree to which the building and site
are shown incompliance with the C°n~nunity Design Plan for this specific use and
concept and subject to theappiicant submitting working dra~i,ngs for the project
for permi't review that depict the project in compliance with the City Codes of
Ordinances. Ms. Huckle seconded the motion which carried 5-2, {Shirley Stevens
and Bradley Miller cast the dissenting votes.)
Ms. Huckle and Mr. Sussman announced that they will not be in attendance at the
meeting iq AugUSt.
ADJOURNMENT
There being no further business, the meeting properly adjourned at 8:40 p.m.
Recording Secretary
(Two TaPes)
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