AGENDA DOCUMENTS
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
drainage runoff, four additional car stops against the landscaped areas, deletion
of one bench and additional walkway necessary for the completion of the project,
in the amount of $8,200
F. Authorization to advertise a Request for Proposal (RFP) for Lead Hazard
Abatement for the City of Boynton Beach Police Department Pistol Range
located at 3501 North Congress Avenue.
Item F was removed from the Consent Agenda for discussion by Mayor Taylor.
Motion
Commissioner Tillman moved to approve the Consent Agenda with the exception of Items 0.1,
0.2,0.3,0.5, and Item F. Vice Mayor Titcomb seconded the motion that carried 4-0.
Items for discussion:
0.2. Via Lugano - Melear PUD - 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' to 8' 1"
0.3. Via Lugano - Melear PUD - Variance from the City of Boynton
Beach Land Development Regulations, Chapter 2 - Section 4.J.1,
to allow for construction of 5' high decorative fence and column
sections within the 40' front yard setback at a setback of 23' 11"
0.5. Via Lugano - Melear PUD - 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
Commissioner Bradley expressed concern about the variance the Planning & Development
Board granted to allow the maximum height of the monument sign for Via Lugano to be
increased from 6' to 8' 1" when that Board is only permitted to grant a variance for 25% over the
amount allowed. He is fearful we are not following the protocol in our Land Development
Regulations.
Tambri Heyden, Planning & Zoning Director, explained that there was a great deal of discussion
during the board meeting about this project and these variances, and the developer made many
comments in response. Some of the units in this project are two stories, and others are three
stories high. The developer feels it is necessary to have higher scale appurtenances and
amenities to compliment this higher scale project. The developer also feels this higher scale
translates to a higher dollar value he can command for his apartments.
The Planning & Development Board members' comments somewhat mirror Commissioner
Bradley's remarks. Some of the board members did not feel the height of the sign would offer
more success in renting these units.
5
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
The developer also req\jested a variance for the height of the fence along Congress Avenue.
There were comments made about the 20' height of the unmanned guardhouse that is 20'
setback into the project. Everything about this project is large; however, it fits together in a large
scale.
Staff included a reminder to the Board members in staff comments that only certain degrees of
size variance and height variances can be granted by the Board. That protection would limit this
sign height to 7' 6".
Rob Cottier of Cottier & Hearina. was present on behalf of the applicant. He advised that Don
Hearing had another meeting to attend. He was expected to arrive at any time. He requested
delaying approval of these items until Mr. Hearing arrived if a detailed discussion was required.
He explained that the applicant was aware of the fact that the Board could only act on 25% of
the allowable height. The applicant agreed to a height of 7' 6" during the Planning &
Development Board meeting. The applicant feels this height is necessary because there is a
utility easement along the front of the property that limits everything 20' from the right-of-way.
The fence sections will be approximately 22' from the right of way, and the signs (because they
are at a 45-degree angle) will be approximately 25' to 30' from the right-of-way. This project has
large buildings and the developer wishes to make a large statement. In addition, rental projects
"live and die" by their signage.
Mayor Taylor confirmed with Mr. Cottier that the applicant is willing to accept a sign height of 7'
6".
Commissioner Bradley feels the tastefulness of the sign is more important than the size of the
sign. Other projects along Congress Avenue are also within the same setback. range and their
signs are smaller. He feels this project will look too big.
Mr. Cottier displayed a drawing and pointed out that the signs step up on each side. The sign
will be of cast stone, and only one portion of it is higher than the height restriction. Scaling it
down will result in the letters being reduced to a size that cannot be read from the roadway.
The sign letters are within the Sign Code. .
Commissioner Bradley feels the size is larger than it should be and it will look out of place. He
will vote against this request.
Mayor Taylor requested that the record reflect that if the Commission approves this request, it
will be for a height of 7' 6" and not 8' 1" as indicated on the agenda.
Motion
Vice Mayor Titcomb moved to approve Items 0.2. 0.3, and 0.5. Commissioner Tillman
seconded the motion that carried 3-1. (Commissioner Bradley dissented.)
()
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
DECEMBER 16, 1997
Item for discussion:
F. Authorization to advertise a ReCluest for Propl')sal (RFP) for Lead Hazard
Abatement for the City of Boynton Beach Police Department Pistol Range
located at 3501 North Congress Avenue.
Mayor Taylor confirmed with the City Manager that if the Commission approves this item, it is
only providing approval to go out for an RFP.
Mayor Taylor expressed concern about the amount of money involved and questioned whether
this is the only way to correct the situation. He asked for input on whether other organizations
use our pistol range, and whether or not they can contribute to help offset the cost of the
cleanup.
Wilfred Hawkins, Assistant to the City Manager, advised that others use this facility. Mr.
Hawkins explained that if approval is granted to clean up this pistol range and we continue to
use it, we should consider charging for the use of the range. This pistol range is one of the few
modem indoor ranges in the area, and it is popular among federal and local officials. There is
no reason for us not to charge for its use in the future. That money could be used toward future
maintenance. Mr. Hawkins advised that Judith Ensor and Dr. Michael Landman are working
with the City on this project. The City will be investigating the use of lead-free bullets that can
be used in the future.
Marshall Gage, Chief of Police, reported that at least three or four other agencies are using the
pistol range on a regular basis. They have not been charged for that usage. We anticipate
modifying this in the future. He does not believe we will be successful in soliciting their help to
clean up the range. In the future, however, they will understand that there are ongoing
maintenance costs that will have to be shared by any agency wanting to share the facility. He
does not anticipate a problem in that regard.
We will also look at an aggressive and regular maintenance program that will preclude anything
like this happening again. This situation elevated because we did not maintain it from the
beginning. Some of the filtration systems that were in place were not optimal. In addition, we
will be looking at the use of bullets that are lead-free or do not have the high level of lead. Chief
Gage assured the Commissioners that the employees have been tested and they are fine and
healthy. -
Judith Ensor advised that we can prevent this from happening again in the future by having a
maintenance contract with a certified lead professionals to monitor and make sure the range is
cleaned correctly. This maintenance will be done on a monthly, bi-monthly or quarterly basis,
depending on the amount of activity at the facility.
Mayor Taylor realized that a maintenance contract would be necessary that would require
additional expense.
Ms. Ensor anticipates there will be a large number of companies bidding on this project.
7
MEETING MINUTES
PLANNING & DEVELOPI'vIENT 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.)
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. 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 8' 1".
3.
Project:
Agent:
Owner:
Location:
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING.
Nancv Mavberry. a resident of Sandalwood. requested that this project be tastefully
constructed.
CHAIRMAN WISCHE 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 proportions4sed 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' I 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 signage 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'-6". Mr. Aguila will support this request if the applicant will comply with
staff's 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 ~~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 1.0 -
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 7' 6". Ms. Frazier seconded the motion.
Mr. Oube 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 engineer's plans and the applicant's plans. There are only a few comments that
need to be addressed.
Mr. Oube 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 17th attached to the plans that explained
how the applicant addressed the first round of comments.
6
7.A.3
VIA LUGANO - MELEAR PUD
ZONING CODE VARIANCE
Meeting
Date:
Petition:
File No:
Location:
Owner:
Project
Name:
Variance
Req uest:
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM #97-563
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
December 1, 1997
Case No. 243
ZNCV 97-009
Southwest corner of Sandalwood Drive and Congress Avenue
Gene & Glick Management
P.A. C. Land Development Co. - contract purchaser
Via Lugano
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 21, Article IV, Section 1.D - signs allowed, to allow the
height of a monument sign to be increased from the maximum of 6 feet to 8
feet 1 inch.
BACKGROUND
The subject project, Via Lugano, is a planned apartment complex located at the southwest
corner of Sandalwood Drive and Congress Avenue, within the Melear PUD (see Exhibit
"A" - Location Map).
The proposed entrance signage for Via Lugano consists of one sign on both sides of the
main entrance from Congress Avenue (see Exhibit "B" - Site Plan and Exhibit "C"-
Survey). The entrance signs are part of the 8 foot 1 inch (8'1") high decorative walls which
become part of the decorative fence that encompasses a majority of the project (see
Exhibit "D" - decorative wall design). Since the code prohibits signs higher than six (6) feet
in residential zoning districts, a zoning variance application was filed with the City (see
Exhibit "E" - Application).
The following is a description of the zoning districts and land uses of the properties that
surround the subject property:
j'
Page 2
Memorandum No. 97-563
Via Lugano - sign wall height
Case No. 243 -staff report
North -
Sandalwood Drive right-of-way and farther north is the
completed portion (first phase) of the Melear PUD
known as Sandalwood;
South -
LLWD L-20 canal right-of-way and farther south is the
Mohagany Bay apartment complex, zoned PUD;
East -
Congress Avenue, and farther east is Dos Lagos, a
multi-family and single family community zoned PUD;
West -
Remaining (vacant) portion of the Melear PUD, and
farther west is Sunny South Estates, a manufactured
home community within unincorporated Palm Beach
County.
ANAL YSIS
The City of Boynton Beach Land Development Regulations, Chapter 21, Article IV,
Section 1.D states as follows:
"A condominium or residential development may erect single faced name signs on
each side of all entrances on site walls or one (1) freestanding monument sign for
each entrance. These signs are not to exceed thirty-two (32) square feet in area,
nor be more than six (6) feet in height"
Chapter 21, Article II, Section 1.B assigns the board the following powers in regard to
granting increases in the height of signs:
''Allow the area and/or height of a sign to be increased by up to twenty-five (25)
percent of the maximum allowable height or area"
Therefore, the maximum allowable height of the sign wall, if the variance is granted, is 7
feet 6 inches (7'6'). The applicant has stated that the sign regulations present him with a
hardship. In summary, the applicant justifies this application based on the minimum
setback of the wall and sign, which is affected by the existence of a utilities easement
located along the front side of the project. Alternatively stated, the applicant requests the
additional sign height to achieve a desired level of visibility, which is only necessary to
offset the greater setback distance created by the utility easement. The applicant also
;(
Page 3
Memorandum No. 97-563
Via Lugano - sign wall height
Case No. 243 -staff report
justifies the necessity of this variance based on consistency with the overall scale and
design of the project. It is the applicant's opinion that the wall and sign, as proposed, "are
consistent with the spirit and intent of the LOR's and with the policy objectives of the
Comprehensive Plan (see Exhibit "F" - Statement of Special Conditions).
The Land Development Regulations state that zoning code variances cannot be approved
unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands, structures
or buildings in the same zoning district;
b. That the special conditions and circumstances do not result from the actions of the
applicant;
c. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands, buildings, or structures in the
same zoning district;
d. That literal interpretation of the provisions of this ordinance would deprive the applicant
of rights commonly enjoyed by other properties in the same zoning district under the
terms of the ordinance and would work unnecessary and undue hardship on the
applicant;
e. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building, or structure; and
f That the grant of the variance will be in harmony with the general intent and purpose
of this chapter [ordinance] and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
Unlike other development applications, the code does not require staff to make a
recommendation regarding whether an applicant meets the above criteria warranting a
variance to the city's ordinance.
If the Planning and Development Board and City Commission approve this request, it is
recommended that the variance be subject to conditions of approval, which are included in
Exhibit "G" - Conditions of Approval.
3
Page 4
Memorandum No. 97-563
Via Lugano - sign wall height
Case No. 243 -staff report
xc: Central File
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APPLICATION ACCEPTANCE DATE:
FEE PAID:
RECEIVED BY STAfF MEMBER:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETING AND
SUBMITTAL DATES:
Please Print (in ink) or Type
Submittal Date: October 17, 1997
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Bard to grant
to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is described as follow: Lot(s)
Block
, Subdivision
Plat Book Not Platted
Page N/A or otherwise described as follows:
Property Address Phase II Melear PUD SW Comer of Congress and Sandlewood.
Variance requested Variance to allow sign wall greater than 6' in height. Sign code (Article V
Section 1.d)
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
.
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the site
Utilities on or adjacent to the site
Legal Description
Number of acres to the nearest one-hundredth (1/100) of an acre
Location of sketch property
Surveyor's certificate
2. Two site plans properly dimensioned and to scale showing:
/t
F
(
(
Page 2 . '.
Zoning Code Vanance ApplicatIon
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys.
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of name.s and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse. Such
list shall be accompanied by an Affidavit (sE?e attached) stating that to the best of the
applicant's knOWledge, said list is complete and accurate.
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an a ent is submittin the etition a notarized co of a letter desi natin him as
such must accompanv the petition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please orint or
tyoe):
c.
D.
E.
F.
,.
A.
That special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
That the special conditions and circumstances do not result from the actions of the
applicant;
That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
B.
6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must
accompany a completed application. The $400.00 application fee covers a request to vary
one (1) section of the Code. Seeking relief from more than one section of the Code will
require payment of $100.00 for each additional Code section.
/5
( --
f::
Page 3
Zoning Code Variance APPlication
7.
Name and address of owner:
Gene & Glick Management
8. Name of applicant: P.A.c. Land DeveJ.O!JIIIent, funaldson Hearing _ Agent
APPlicanfs address: 730 Bonnie Brae Street, Winter Par~, FL 32789
-3065
Applicant1s phone #:
Date: October 16, 1997
Signature of Applica .
Agen
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1.
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
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Property is presently zoned:
formerly, zoned:
2. Property Control Number.
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required); _
j-'!, ,
4. Nature of exception or variance required:
5.
Case Number.
Meeting Date:
~
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I
,
,
i
Date:
Permit denied - Building Department
.
/0
EXHIBIT "F"
/1
Variance #2 - Sign Code Article IV Section 1.0
Chapter 21 LOR
Via Lugano at Melear PUO
Boynton Beach, Florida
The applicant is requesting relief from Article IV Section 1.0 of Chapter 21 of the LOR
(Signs Allowed). This code section allows residential and condominium developments to
erect single faced signs on each side of a community's entrance walls. This section
limits the height to a maximum of 6 feet with the sign area not exceeding 32 square feet
for each face.
In the case of Via Lugano, this signage is located approximately 35 feet from Congress
Avenue due to existing easements granted to the City. This is substantially greater than
the minimum 10 feet allowed by the code.
A. Special circumstances do exist which are peculiar to the subject property. A 20
foot utilities easement, which was dedicated to the City by the original developer
of the Melear PUD limits the placement of signage.
The columns and archway of the sign wall is a maximum of 8 feet 1 inch high.
The majority of the wall is 2 feet 7~ inches high with a picket fence on top
averaging 5 feet overall. Additional height is required due to the setback of the
proposed sign wall and in order to achieve the desired aesthetic appearance. It
is the applicant's opinion that the proposed Via Lugano fencing and hardcape
elements, including the proposed architectural walls in which the signs are
applied, are consistent with the spirit and intent of the LOR's and with the policy
objectives of the Comprehensive Plan.
B. The special circumstances that exist do not result from the actions of this
applicant. Easements were needed to better serve the majority of the City of
Boynton Beach residents. The easements where in place at the time the
applicant purchased the land.
Additionally, we believe the sign code is silent on the height of aesthetic elements
in the landscape. It is the intent of the PUD zoning to encourage"creative design
and an improved living environment." We believe Via Lugano meets and
exceeds these directives.
C. The granting of the requested variance will not in any way confer special
privileges on the applicant that is denied other lands. The subject property is a
" Planned Unit Development which is intended to encourage unique design. A 20
foot utility easement along the front of residential properties is greater than what
is commonly found. The sign face is located 35' from the Congress Avenue
property boundary.
e:\project\general\a-m\melearvar-2. doc
/1
Via Lugano at Melear PUD - Van~ ,e #2
Boynton Beach, Florida
Page 2 of 2
(C_
D. Literal interpretation of Article IV Section 1.d would limit the applicants ability to
successfully market a high end residential development in the City of Boynton
Beach.
E. The variance sought is the minimum that will make possible the desired aesthetic
appearance.
Entry Feature Walls
The columns of the entry feature are 5 feet with a finial for a total of 7 feet
4 3/8 inches. The walls and planter are 2 feet 7% inches with a 3 foot
picket fence section on top. The overall height has been reduced
approximately 1 foot form the original submittal. The Entry Feature Walls
are located at a minimum of 20 to 49 feet from the Congress Avenue
right-of-way.
Sign Wall Face
The average height of the wall is 5 feet with a decorative cap and an
archway which extends to 8 feet 1 inch. The height has been reduced
from 11 feet previously proposed. The Sign Wall is located on average 35
feet from the Congress Avenue property line. The signage lettering is
located below 5 feet and is less than 10 square feet (8'6" x 14" letters).
F. The granting of this variance is harmonious with the general intent and purpose
of the City of Boynton Beach Land Development Regulations and the goals and
objectives of the comprehensive plan to encourage upscale housing
development. The hardscape signage feature proposed is simply an extension of
the overall landscape expression of the Via Lugano project. LOR Chapter 2
Article IV Section 2.0.1 limits signs to a height of 6' with a setback of only 10 feet.
Considering the sign lettering is located at a height less than 5 feet and the sign
walls are setback 35 feet, on average, the visual perception of height is greatly
diminished.
..
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EXHIBIT "G"
;;;10
EXHIBIT "G"
Conditions of Approval
Project name: Via Lugano aka Melear PUD (multi-family)
File number: ZNCV 97-009, Case No. 243 (sign wall height)
Reference: Zoning Code Variance application with an October 17. 1997 date.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTERlENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments:
1. If the variance is granted, the maximum height cannot exceed 7 feet 6
inches.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
3. To be determined.
/bme
s:\projects\cond of appr\
;2/
DEVELOPMENT ORDER
cln 0F BOYNTON BEACH, FLORIDA
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 2,1997
TYPE OF RELIEF SOUGHT: Zoning Code Variance (sign wall height)
LOCATION OF PROPERTY: Southwest corner 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
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
_ 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
DATED:
City Clerk
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\MELEAR\Via Lugano\NWSP\DEVELOPMENT ORDER.doc
d:Z