LEGAL APPROVAL
%e City of
t:Boynton t:BeacFi
100 T.. 'Boynton 'Beadi 'Boukvara
P.O. 'B(J;t310
'Boynton 'Beadi, !JforUfa 33425-0310
City 9laU: (561) 375-6000
!FfllX: (561) 375-6090
December 19, 1997
Donaldson Hearing
1070 E. Indiantown Road
Jupiter, Florida 33477
Re: Via Lugano aka Melear PUD (multi-family)
File number: ZNCV 97-009 - Sign wall height
Location: Southwest corner of Sandalwood Drive and Congress Avenue
Dear Mr. Hearing:
Enclosed is the City of Boynton Beach Development Order regarding Commission approval
of your request for a sign wall height variance, regarding the above referenced.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely,
/'I I
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Tambri J. Heyden, AICP
Planning and Zoning Director
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Attachment
Xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\CROSS CREEK CENTRE\Dev Order letter.doc
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r~;;'J:!ING AND
2'-j;,\ :~~C DEPT.
DEVELOPMENT ORDER
CITY OF BOYNTON BEACH, FL .IDA
PROJECT NAME: Via Lugano aka Melear PUD (multi-family)
APPLICANT: Thomas Cavanaugh, P.A.C. Land Development Corporation
APPLICANT'S AGENT: Donaldson Hearing
APPLICANT'S ADDRESS: Suite 402,1070 E. Indiantown Road, Jupiter, FL 33477
DATE OF HEARING BEFORE CITY COMMISSION: December 16,1997
TYPE OF RELIEF SOUGHT: Zoning Code Variance (sign wall height)
LOCATION OF PROPERTY: Southwest comer of Sandalwood Drive and Congress Avenue
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
-L HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby
-L GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
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EXHIBIT "B"
Conditions of Aooroval
Project name: Via Lugano aka Melear PUD (multi-family)
File number: ZNCV 97-009, Cas~ No. 243 (sign wall height)
Reference: Zonin2 Code Variance aoolication with an October 17. 1997 date.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERfENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. If the variance is granted, the maximum height cannot exceed 7 feet 6 X
inches.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. NONE. X
ADDITIONAL CITY COMMISSION CONDITIONS
3. TQ bw setel hl.i:1lcd. ,.,.....4U'r ~ 6t!'DiT) .,......~ ' )(
TJH:dim
J. ISHRDA T AIPLANNING\SHARED\WP\PROJECTSIMELEAR\V1A lUGANO\COND OF APPROVAl-CASE243.DOC
MEETING MINUTES
PLANNING & DEVELOPMfNl BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 1,1997
each section. This treatment is not a buffer wall or security fence. It is an aesthetic edge
treatment to the landscaping that will be backdropped by lush landscape features.
Mr. Rosenstock questioned whether only the columns will be over 6' in height. Mr. Hearing
responded affirmatively. The total fence height from the ground will never be higher than 5'-
71/2".
Motion
Mr. Rosenstock moved that the project known as Via Lugano - Melear PUD, located at the
southwest comer of Congress Avenue and Sandalwood Drive, and their request for a variance
to Chapter 2, Section 4.J.1 of the Boynton Beach Land Development Regulations to allow for
construction of a 5' high decorative fence and column sections within the 40' front yard setback
of 23' 11" not to exceed 7'-4 3/8" and not to occur more often than 40' on center. Mr. Aguila
seconded the motion.
Mr. Aguila said he seconded this motion because it did not include staff comments.
The motion carried 6-1. (Mr. Myott dissented.)
3.
Project:
Agent:
Owner:
Location:
Description:
Via Lugano - Melear PUD
Donaldson Hearing
Gene and Glick Management
Southwest comer of Congress Avenue and Sandalwood
Drive
Request for a variance to Chapter 21, Article IV, Section
1.0 - Signs of the Boynton Beach Land Development
Regulations to allow the height of a monument sign to be
increased from the maximum of 5' to 8' 1".
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING.
Nancv Mavberry. a resident of Sandalwood. requested that this project be tastefully
constructed.
CHAIRMAN WlSCHE CLOSED THE PUBLIC HEARING.
Mr. Rosenstock questioned why the applicant wants to build a sign that is so high.
Mr. Hearing explained that the sign is small. The entry statement that is being constructed has
higher proportion~sed on setbacks, scale and magnitude of the project. The Sign Code
limits the height of walls to a maximum height of 6'. In addition, the signage is limited to 32
square feet. The applicant is proposing an entrance feature. The walls, columns, guardhouse,
trellises, and planters are part of the entry architecture. In order to accommodate the scale of
the surrounding area, the applicant requested that the top of the arch on the back of the sign be
allowed at a height of 8'-1". Since that request was made, staff explained that the maximum
variance this board is permitted to grant is 25% (7'-6"). The applicant agrees with that height if
the board will grant the variance.
4
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 1, 1997
The signage is below the height of 5', and has been modified so that it is within a panel that is
less than 32 square feet. It is very important for the overall entrance. This architecture is
intended as an enhancement.
Mr. Rosenstock expressed concern about the scale of this entrance feature. He does not feel a
bigger sign produces better advertisement. He feels a more sedate architectural feature should
be considered.
Mr. Hearing explained that the monument is 13'-11", but the sign is only 4'. This feature is
necessary because of the scale of the overall project. Mr. Rosenstock disagreed that a large
sign is needed because this is a large project. It was his opinion that this feature is gaudy and
excessive.
Tom Cavanauah. PAC land Developers. said this is a $30 million investment. The sign is his
lifeblood to this investment. He reminded the members of the power lines that exist at the front
of this project. This feature will reduce the negative aesthetics of those power lines. In addition,
because of the utility easements on Congress Avenue, this project had to be moved back 20'
from the street. On a residential, for-sale community, the sign could be much smaller because
the community and houses sell themselves. However, this is a very high-end rental community.
Mr. Cavanaugh said 90% of the people who drive into the community will make up their minds
to rent before they get to the guardhouse.
Mr. Rosenstock disagreed that the sign age draws people into the property. He further pointed
out that the applicant knew what the setbacks and the position of the utility lines were before the
development was proposed. He feels the applicant planned this project with variances in mind.
It is his belief that the Code should be strictly adhered to.
Mr. Cavanaugh said 75% of the leases come from passersby. For a $30 million investment, Mr.
Cavanaugh must make a first-class statement. Mr. Rosenstock feels that can be done with a
smaller sign.
Mr. Aguila explained that when this project first came before the board. he felt it was a very
high-end, very classy rental community. During the Visions 20/20 conference, there were
discussions about the need for high-end rental opportunities in Boynton Beach. This entrance
provides that message to passersby. The sign can be toned down somewhat, but he is
comfortable with the 7'-8". Mr. Aguila will support this request if the applicant will comply with
staffs recommendation.
Ms. Frazier feels this will be an upscale development. She questioned the price of the rentals.
Mr. Cavanaugh said the studio apartment would be at the low range of $700. An average one-
bedroom will be ap"1>roximately $850. The three-bedroom unit will average approximately
$1,400. None of these prices include the cost of a garage. A one-bedroom with everything
including a garage and privacy alarms will be approximately $1,000. This complex will be at
least $200 to $250 higher than any other rental in Boynton Beach.
5
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 1, 1997
Motion
Mr. Aguila moved to approve the request for a variance to Chapter 21, Article IV, Section 1.D-
Signs of the Boynton Beach Land Development Regulations to allow the height of a monument
sign to be increased from the maximum of 5' to 7' 6". Ms. Frazier seconded the motion.
Mr. Dube confirmed with the applicant that he agrees with the height of 7' 6".
A roll call vote was polled. The vote was 5-2. (Messrs. Myott and Rosenstock dissented.)
B. SITE PLANS
New Site Plan
Description:
Via Lugano - Melear PUD
Donaldson Hearing
Gene and Glick Management
Southwest comer of Sandalwood Drive and Congress
Avenue
Request for site plan approval to construct 13 apartment
buildings containing 364 dwelling units, clubhouse, office,
recreation facilities and associated parking for 767 spaces
on 12.58 acres of land.
1.
Project:
Agent:
Owner:
Location:
Chairman Wische asked the applicant to discuss only those comments that are of concern or
that require clarification.
Mr. Dube asked if objections remain from the first review. Ms. Heyden was unable to respond.
Mr. Dube pointed out that the first review is always ignored and the same comments appear on
the second review. He recommended that these issues be addressed between the first and
second review.
Mr. Kastarlak explained that staff is going through the entire process of plan review and the
permit process within the department. Staff is hopeful that some of the unnecessary steps will
be eliminated through a streamlined operation for the benefit of the applicant and the City.
Ms. Frazier questioned when the applicant received the conditions of approval. Mr. Hearing
said the package was provided to the applicant last Tuesday. Mr. Hearing complimented staff
on their handling of this application. He explained that a number of the comments are standard
comments that are informational to the owner. Other comments are a matter of coordination
between the engil't!er's plans and the applicant's plans. There are only a few comments that
need to be addressed. i
Mr. Dube pointed out .that the Planning & Development Board does not need to see the
standard comments.
Mr. Myott explained that there was a list dated October 171S1 attached to the plans that explained
how the applicant addressed the first round of comments.
6
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97- 520
TO:
FROM:
Sue Kruse
City Clerk
z! 'I ( -
, , 'J.j .
Tambri J. Heyden, AICP ! y.J/>A.No./
Planning and Zoning Direttor
DATE:
November 6, 1997
SUBJECT:
Via Lugano
Case No.243
File No. ZNCV 97-009 (sign height)
Accompanying this memorandum you will find one (1) copy of the application and related documentation
for the above-referenced case. The site plan for the request is the same set of site plans transmitted with
the Via Lugano fence height variance (Case No. 242). Therefore, another set of plans is not being
forwarded to you for this application. A check in the amount of $400.00 to cover the review and
processing of this application has been forwarded to the Finance Department.
The legal advertisement for same has been prepared for the December 1, 1997 Planning and
Development Board and will be forwarded to your office after review by the City Attorney.
T JH:bme
Attachments
s:\projects\Melear\Via Lugano\LGL-CASE 243
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal
Advertisement published and must be submitted to the Office of the City Attorney two (2) working days
prior to the first publishing date requested below.
ORIGINATOR: Planninq and Zoninq
PREPARED BY: Jerzv Lewicki
DATE PREPARED November 6. 1997
BRIEF DESCRIPTION OF NOTICE OR AD: Planninq and Development Board Hearinq Notice for Case
No. 243 (meetinq Mondav, December 1. 1997) Via Luqano (siqn heiaht)
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement,
Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All property owners within 400 feet of property (postmarked no later than
November 14. 1997). applicant and Director of Planninq and Zoninq.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: November 14. 1997
LAST DATE TO FAX TO NEWSPAPER November 12. 1997 at 3:00 P.M.
APPROVED BY:
1 -I'
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(1) /czJ&L. l. ICI.-fi",c /ie,...-
(Originator)' .1 I
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(Da e)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:\projects\Melear\Via Lugano\LGL-Case243
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING AND
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under
and pursuant to the provisions of the Land Development Regulations of said City:
Case NO.243
Owner: Gene and Glick Management
Requested
Variance: Request for a variance from the City of Boynton Beach land Development Regulations,
Chapter 21, Article IV, Section 1.0 - signs allowed, to allow the height of a monument sign to
be increased from the maximum of 6 feet to 8 feet 1 inch.
Location: Southwest corner of Congress Avenue and Sandalwood Drive
Legal
Description: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH
00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
1362.30 FEET; THENCE NORTH 89025'20" WEST, A DISTANCE OF 60.00 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120 FEET
IN WIDTH) AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN
DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF-
WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT
(L.W.D.D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL
RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER
(N.E. 14) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH
01019'11" EAST, A DISTANCE OF 793.62 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET
IV PLAT THREE AS RECORDED IN PLAT BOOK 53, PAGE 176 THRU 179, PUBLIC
RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A
790.00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL
ANGLE OF 24019'42" AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET
TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45
FEET TO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO
THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00
FEET; THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING
FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS
RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 23.60 ACRES MORE OR LESS.
Use: multi-family rental project
. 'Page 2
Via Lugano aka Melear PUD
File No.: ZNCV 97-009, Case No. 243
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, December 1,1997 at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any
written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning
and Development Board with respect to any matter considered at this meeting will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
PUBLISH: November 14, 1997
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
S:\projects\Melear\Via Lugano\LGL-CASE243