Loading...
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 7 /, kk . ()~J/, ~.~ -<::f ;i-n 1-- jf- // Tambri J. Heyden, AICP Planning and Zoning Director T JH:jbg Attachment Xc: Central File J:\SHRDATA\Planning\SHARED\WP\PROJECTS\CROSS CREEK CENTRE\Dev Order letter.doc 5lmerU;as (jatt'UJaY to tIU (julfstream ~<.:.' /" ~"-' ---::L ffi/~/~~7 '" -,::- ....: . i, I ~; 12 l --~l~ J 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 \\ \\ \ \ 11111/ "II/I ~\\ 0 II/, ~,'\ :-l.~i N (J ~ ~ ^"o .......,... ~ ~ " v..' ORA"'--, - ~ ~ .;::; .~o '~:". 7", ~ .::;:; t.c. ...:(Y '0.. .... :::. DATED: /~#PH?' ,~~~/....,...~ ~ 0 if \ -;t. ~ City Clerk ~ ~ (- "J ~ - ,,~n\J _ ~ 0 ":J"';::: J:\SHRDATA\Planning\SHARED\WP\PROJECTS\MELEAR\Via Lugano\DEVELOPMENT ORDER-case 243.d~ '\ ...... ^"t" ~ ~ 'v ~ ~ FLO\'" ~ ~ ~,,'\ ~IIIII"'""\\\\\'\ 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' ~, .... Ij . I,. (1) /czJ&L. l. ICI.-fi",c /ie,...- (Originator)' .1 I /~/1? (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