Loading...
LEGAL APPROVAL MINUTES OF PLANNING AND DEVELOPMENT BOA. ~ETING HELD IN COMMISSIO~ ~HAMBERS, CITY HALL, BOYNTON BEhvri, FLORIDA, ON TUESDAY, JANUARY 10, 1995, AT 7:00 P.M. PRESENT Gary Lehnertz, Chainman Stanley Dube, Vice Chairman Jim Golden Tom Walsh Bradley Weigle Maurice Rosenstock Pat Frazier, Alternate Tambri Heyden, Planning and Zoning Director Michael Rumpf, Senior Planner PLEDGE OF ALLEGIANCE Vice Chainman Dube called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag. INTRODUCTION OF MAYOR. COMMISSIONERS AND BOARD MEMBERS This item is addressed later in the meeting. AGENDA APPROVAL Mr. Rosenstock moved to approve the agenda as presented. Mr. Walsh seconded the motion, which carried unanimously. Chainman Lehnertz arrived for the meeting. INTRODUCTION OF MAYOR. COMMISSIONERS AND BOARD MEMBERS Chairman Lehnertz introduced the members of the Board. APPROVAL OF MINUTES Vice Chainman Dube moved to approve the minutes of the December 13, 1994 meeting as submitted. Mr. Rosenstock seconded the motion, which carried unanimously. COMMUNICATIONS AND ANNOUNCEMENTS A. Report fral the Pllnning lnd Zoning Department 1. Finll Disposition of LIst Month's Agendl Items Ms. Heyden reminded the members that five (5) agenda items were addressed last month. Two of the items were master plan modifications for Woolbright Place and Bethesda Memorial Hospital. Those two items did not move forward to the City Commission since they are disposed of at the Planning and Development Board. Listed below is the final disposition of the remaining three (3) items addressed by the Board at its December 13th meeting: - 1 - , !.~!.f' ~ ~ l5~ r \i7 ~ I."". -.,.~.:.~. I,' i.I ~ U._ ,':1 i: < " IUU JAN I 7 '1~' I PLANNING AND ZON!NG DEPT. ---_........_~~.-, .. MINUTES - PLANNING AND OEVELOPMENT BOARO MEETING BOYNTON BEACH, FLORo" " ~ SEPTEMBER 13, 1994 / .-..../ .~ Chairman Lehnertz pOint!9--{)l1f'that conditional use aper..ova-rf:are-/SUbject to the City Code of Ordina ,but one of the things to,1-s--Soard has historically done is gone beyond ct reQui rements and had.tcr-rook at aesthetjc.s.and how the proposals wi affect the City, the S~rr01.inding are~,_.a~residents in general. .- ..--- T~~n carried 5-2.~:~;~&..weig.l'e ~-Fr~~ier cast the dissenting votes.) ~. Heyden referred~l1ems II-1.a through d on Page 12 of the staff report and ~ clarified that the motion included keeping the tile as shown on the elevation submitted by the applicant. B. SUBDIVISIONS MASTER PlAN MODIFICATIONS Woolbright PllCI PUO Howard R. Scharlin, as Trustee SW 8th Street, apprOXimately 1,400 feet north of Woolbright Road Request for modifications to the approved master plan to include revised access points off SW 8th Street and Morton's Way, a phasing plan, subdivided multi-family parcels and a landscape buffer and set- backs between the subdivided parcels. Ms. Heyden made the presentation. Richard Wolfarth, agent for Howard Scharlin, trustee/property owner of the Woolbright Place PUD, has made this request. 1. Project Name: Owner: Location: Description: The modifications are a result ..of last month's exception to platting where three parcels were created out of the multi-family pOd. The modifications consist of fiv~ changes as follows: 1. Redistribution of the 320 multi-family units approved within Pods 1 and 2. There are a total of 640 multi-family units within these Pods. These units are being redistributed into Pod 2A and 28 and a Pod 1 of 14 acres showing 90 multi-family units. 2. A phasing plan in which Pod 2A will be constructed first. .There is a site plan approval for this Pod on tonight's agenda. 3. Shifting of the two access points to the two multi-family pods to create one access paint 608 feet north of Morton's Way to the 33.87 acre parcel and one access point 1,328 feet north of Morton's Way to the 14 acre parcel. 4. Creation of a 20' wide landscaped buffer between the 33.87 acre parcel and the 14 acre parcel. The width of the buffer will be split between the two parcels. 5.' Establishment of a building setback of 40' between the 33.87 acre parcel and the 14 acre parcel. - 13 - MINUTES - PLANN1"~ J DEVELOPMENT BOARD MEETING ."'" BOYNTON BEACH. PWIfR'MA ~ SEPTEMBER 13. 1994 \ The Technical Review Committee recommended to the City Commission a finding of no substantial change for the changes requested subject to staff comments. This request was heard by the City Commission for a finding of no substantial change. When this went to the City Commission on August 16, 1994, they made a finding of no substantial change and included all staff comments with the exception of Planning and Zoning Department comments regarding the landscape buffer and the portion of the comment regarding the tenns of the parks and recreation agreement which the City entered into with Tradewinds when the plat was approved. With regard to the buffer, the City Commission is allowing the 20' wide landscape buffer to be split between the two parcels. They stipulated that the buffer shall be benned and have a 51 high chain-link fence with a Ficus hedge on both sides. Additionally, trees will be planted. With regard to the parks and recreation agreement, the City Commission is requiring that the issue of payment be resolved prior to the site plan approval which is scheduled tonight and next Tuesday before the City Commission. The applicant proposes to pay the $60,000 which is owed to the City at the time Of issuance of building penmits or January 10, 1995, whichever comes first. This proposal must be considered by the Board and the City Commission. Mr. Rosenstock requested clarification on the parks and recreation agreement. Ms. Heyden explained that the agreement required .the payment to be made at least one year ago. The Commission was apprised of this situation during the presen- tation of the exception to platting. The City Commission made a decision to enforce the tenms of the agreement at the time of site plan approval. The developer is aware of the fact that the City wants this money upfront. The developer will address this issue this evening. With regard to the landscape buffer, Mr. Golden questioned whether or not there are any requirements with regard to plantings in the buffer. Chainman Lehnertz po1nted out that the City Commiss10n has specif1ed that the buffer w1ll be 20' wide and landscaped with F1cus. He feels the Board has no say in this situation. Ms. Heyden advised that if the Board members recommend something else to the City Commission, they should be very careful because this project was subject to a Court Order. She further felt that 1f the Board strongly objects to something, 1t is possible for the C1ty Commission to reverse its decision. Richard WOhlfarth. CCL Consultants. 220 Park Central Boulevard North. POftI)ano Beach. thanked the stiff for working-wTth them. The applicant is in agreement with all comments wh1ch were extended, and with the comments raised and approved by the City Comm1ssion. With regard to the buffer, the applicant is attempting to provide a visual and physical barrier. This is the reason for the request for the 51 chain link fence as well as the Ficus hedge. This type of hedge grows very quickly and will be maintained to provide the visual barrier and to prev~ot people from going from the multi-family site to the 14 acre property. Regarding the park, there was a great deal of debate. The developer has acknowledged that the $60,000 is payable to the City and has requested that the payment be made not later than January 10, 1995, or at the time of first ~ -~ - 14 - M!NUfES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORI ~\ SEPTEMBER 13. 1994 building penmit, whichever comes first. He feels the payment will be made in January given the process the applicant will be gOing through. As of today, the developer has acknowledged that payment is due to the City, and at a time cer- tain. Mr. Wohlfarth is hopeful the City Commission will accept this proposal from the developer. Although a Ficus hedge will grow very rapidly, Chainman Lehnertz suggested using native alternatives which would work as well, and grow as thickly and almost as rapidly as the Ficus. He recommended a Florida Privet or Coco Plum. Mr. Wohlfarth requested an opportunity to work with staff during the process with regard to species. He pointed out that everyone is attempting to work with xeriscape as much as Possible, but if it is deemed to be unusable by either side, that it be an option along with the Ficus. Vice Chainman Dube asked whether there will be two homeowners' associations with a master association for this development. Mr. Wohlfarth said the multi-family is a rental project which will be maintained by an overall association. There is a potential that there could be a single-family project, but tonight's master plan is for the multi-family project. Vice Chainman Dube explained that if there are two different maintenance companies, one side could be growing, while the other side is not. Problems may arise regarding who should maintain the hedge. A master association, cutting and maintaining totally, would eliminate any problem. Mr. Wohlfarth said that with regard to the maintenance of the face of the hedge on the multi-family site will be matntained by Trammell Crow and its subsidiaries. Regarding the topping of the hedge, he committed to topping the entire hedge at the same time. Motton Mr. Golden moved to recommend approval of the master plan modification for the Woolbright Place PUD submitted by Howard Scharlin, Trustee, for modifications to the approved master plan to include revised access points off SW 8th Street and Morton'S Way, a phasing plan, subdivided multi-family parcels and a landscape buffer and setbacks between the subdivided parcels, subject to staff comments. Vice Chainman Dube seconded the motion which carried unanimously. herefore, it was deleted This,application was withdraw earlier in the meeting. - 15 - ".... MINUTES - PLAN~ .'(.-NO DEVELOPMENT BOARD MEETII.w ,.; BOYNTON BEACH,~OlrIDA SEPTEMBER 13, 1994 /JJP/J)!J 0/- 0 ().3 C. SITE PLANS NEW SITE PLAN 1. Project Name: Description: The Vinings It Boynton Belch lnd The Vinings II It Boynton Belch CCl Consultants, Inc. Howard R. Scharlin, as Trustee East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road. Request for site plan approval to construct 548 apartments with associated recreational amenities and signage on 33.87 acres. Agent: Owners: location: Mr. Haag made the presentation. This is broken down into two phases. The southern portion would be Phase I and include 252 apartment units and a total of eleven (11) buildings. Phase II will have 296 units and a total of 12 build- ings. Regarding the surrounding zoning districts, to the north is single-family residential zoned R-1A; to the east is the railroad right-of-way and an M-l zoning district; to the south is Morton's Way and the PCD where Home Depot is located; and to the west is SW 8th Street, a church site and a drainage lake within Woolbright Place. This is an undeveloped piece of property where multi-story buildings are pro- posed. The maximum overall height will be 401-1". Concurrency for this project is based on a Court Order and it will be met. There is only one ingress/egress to the site off SW 8th Street. There are possible areas for emergency access off Morton's Way. Security gates are proposed for the project with a divided median entrance. The site will be heavily populated with trees. They have created a perimeter with trees and shrubs. The Landscape Code requires founda- tion landscaping around the building which is shown on the site plan. There are recreational amenities which include a leasing office, pool area, pool deck, tennis courts, barbeque areas, and children.s play area. Both phases will have five recreational amenities. There will be 900 parking. Phase I will self- support itself for parking. Every apartment unit will have two parking spaces. There are surplus parking spaces above the two per unit in Phase II. This is a Planned Unit Development (PUD) and they have established setbacks at 40.. They are trying to comply with a 20. separation between buildings. This project is not in a Community Design District. The building is a tan color with contrasting dark green trim for the handrails and stairway. The signage includes a project entrance sign along SW 8th Street on either side of the entrance way. There will be many signs throughout the site which have a forest green pOle and sandblasted coral stone finish. Staff reviewed the request for this large project. There are comments from every department with the exception of the Police Department. Mr. Haag reported that the Planning and Zoning Department has a recommendation in addition to its comments. That recommendation is that if there is any signage which they are not Showing which they have discussed with staff, staff would like the latitude to approve those signs administratively rather than to modify the sign program and bring them back before the Board. These signs would have to meet the Sign Code and blend in with the colors shawn. - 16 - MINUTES - REGULAR CITY-~ISSION MEETING BOYNTON BEACHt FLORIDA AUGUST 16t 1994 - '"C""" Vote on Mo,tfon /;9 Th~'on carried C. Other 1. Mister Plan Modification for Woolbright Place " /' 5-0. /' d';<" /' /' 1't fM 1> , t-<<JJ --- Ms. Heyden stated that this request is very similar to the previous one. In this case, Mr. Wolfarth is requesting approval to modify the previously approved master plan for the Woolbright Place PUD. The modifications are as follows: The approved master plan shows two multifamily pods (pOds 1 and 2), each 320 units. Rather than two pods, this master plan shows three pods (A, Band 1 (90 units)). At this point, all three of these pods are being shown as multifamily. However, the applicant intends to file another master modification in the very near future to convert this to single family (Pod 1). _ In addition to the redi'stribution of the units and the phasing plan, there is.zP slight shifting of the access points. They do meet the subdivision regulations~~~' Therefore, they are acceptable. Also, as part of this request, there is the creation of a twenty foot wide landscape buffer between Pod 2B and Pod 1. Finally, the establishment of a building setback of forty feet is requested as part of this master modification. This would establish a forty foot setback from the property line between Pod 1 and Pod 2B. Changes in master plans come before the City Commission for detenmination of substantial change. If the Commission recommends that it is not a substantial change, it is forwarded to the Planning and Development Board for final disposi- tion. The redistribution of the pods and the acreage does not increase the allowable density. Therefore, there is no increase in traffic or water and sewer impacts. The access points, as mentioned earlier, are acceptable, as well as the phasing plan. There are no minimum setbacks in PUDs. However, since this PUD most resembles the R-3 zoning district, staff finds the forty foot setback acceptable. Staff is concerned about the forty foot wide landscape buffer. The buffer is proposed to be split between two pods. Staff recommends that twenty-five feet be approved consistent with other PUDs in the City, and that the twenty-five feet be totally within the boundaries of this property. The reasons for this are: (1) It is very hard to insure that landscape buffers are retained as ori- inally required; (2) The premise behind requiring a buffer is that the use that is creating the impact is the one that has to mitigate; and (3) By splitting the buffer, there is no guaranty that you would have a unified design, construction, or timing and maintenance of that buffer. Therefore, staff recommends that the twenty-five foot buffer be within Pod 2B and Pod 2C. - 16 - MINUTES - REGULAR CITY C~~ ~ION MEETING BOYNTON BEACH, FLORIDA AUGUST 16, 1994 Commissioner Aguila asked if there is a way to get the landscape buffer installed all at one time, as opposed to waiting as development progresses. Ms. Heyden answered affirmatively. She advised that the site plan for this project is currently in progress and it incorporates both Pods 28 and 2A. The first round of comments were turned over to the applicant last Friday. It was recommended that the buffer be installed and irrigated in its entirety, assuming the twenty-five feet is approved, regardless of when this project comes in. This is consistent with how it has been handled in other parts of town. Commissioner Aguila felt it should be a condition of approval, not a recommen- dation. City Attorney Cherof drew the Commission1s attention to comment number 5 of Planning and Zoning Department Memorandum No. 94-256, which is an issue the Commission addressed about a year ago with respect to the $60,000 fee in asso- ciation with the park agreement. Commissioner Aguila referred to comment 4 and deleted the option of a twenty foot wide landscaped buffer with a wall. He wanted a twenty-five foot wide .~~ landscaped buffer and he wanted it to be constructed at the time the first phase~~~~ is COed on the first part. Commissioner Katz asked if the concern about the drainage and its being routed has been addressed to the City Engineer's satisfaction. Mr. Hukill said that concern does not have to be dealt with right here. He explained that there is an easement across the southwest corner. It has a pipe that goes part way through there. South of that, in the PCD, there is a fifty-four inch drainage pipe coming from Home Depot that empties south of this property. Currently, the water comes out of that pipe, wanders across onto this PUDproperty, diagonally across the corner and then to the west. It is eventually picked up in another pipe at the street. The applicant wants to abandon the drainage easement. It is Over land drainage, as opposed to underground drainage. Mr. Hukill wants that water rerouted before the easement is abandoned. He said the applicant cannot build on it anyway while that easement is there. However, he is just putting the applicant on notice that there is a problem 'and the City would like it addressed as soon as possible. Mr. Hukill has no problem with the master plan revisions. Richard Wolfarth represented the applicant. He said he was in agreement with 95 percent of the items discussed this evening. However, he was not in agreement with the buffer between the 14 acre parcel and the multifamily property. Given the size of the land and the number of units available, he believed the 14 acre parcel will more than likely have a flavor of single family or town houses. It will not be apartments. That is a potential, but the final planning is not done. He proposed to install a five foot chain link fence on the twenty foot landscaped area, ten foot on either side of the parcel line, and a ficus hedge on either side of it. This has been done on many projects and has been very successful. The benefit over walls and wooden fences, which have a high main- tenance problem, is within six months or less, you will not know that a fence is there. When the 14 acre parcel comes into play, that fence would either be in place or will be part of the plan. As to the timing, phase 1, the area to the - 17 - MINUTES - REGULAR CITYt:0M4ISSION MEETING BOYNTON BEACH, FLORI~ AUGUST 16, 1994 south, will go first. It would create a landscape maintenance problem to build a berm or landscape easement on the area between the 14 acre parcel and the second phase because it is a vacant piece of land. During the construction of phase 2, or if for some reason the 14 acre parcel comes in first, as it is being built, Mr. Wolfarth agreed to build whatever is agreed upon at that pOint for that buffering. Commissioner Aguila did not have a problem with Mr. Wolfarth's argument. How- ever, he would be comfortable if Mr. Wolfarth made a commitment that the buffer would be completely in place, irrigated, inspected and approved before the first unit in the residential and the single family residential pod is COed. Mr. Wolfarth agreed to this. If the Commission agrees to a twenty foot chain link fence, ten feet on either side, Commissioner Aguila asked Mr. Wolfarth to commit to adding more land~. scaping and dOing whatever it takes to achieve full coverage of the fence- if in six months to a year the landscaping has not grown to a pOint that it does exactly what Mr. Wolfarth said it would do. Mr. Wolfarth made this commitment.~ At the suggestion of City Attorney Cherof, Commissioner Aguila asked if the other conditions listed in Planning and Zoning Department Memorandum No. 94-256 create any dilemma for the developer. Mr. Wolfarth was in agreement with all of those comments. In response to Ms. Heyden, Mr. Wolfarth indicated he was in agreement with the comments of the Utilities Department and the Engineering Department. He was in agreement with the comments of the City Forester, with one clarification. He stated that on the tree survey we are providing a tree count of the trees that are on the site. He believed that was agreed upon with the City Forester. Wi~h regard to the comments from the Recreation and Park Department, Mr. Wolfarth stated that as to the dedication and cash contribution, he would like to discuss this matter further with the City Attorney and with City planning staff. He will be back with a PUD modification and the site plan around the middle of next month and have that issue resolved by that time. Ms. Heyden asked for a clarification of the applicant's proposal regarding the buffer. Mr. Wolfarth said it would be a twenty foot wide chain link fence located on the property line, which is the center of the easement. Commissioner Aguila asked about the landscaping. Mr. Wolfarth said it will be ficus with a fence and with specimen trees located on center. The berming would be on the north side, next to Lake Boynton Estates, in accordance with the approved drawings, and over by the railroad and also on the Industrial side. City Attorney Cherof asked for clarification of the comment about the $60,000 payment. Mr. Wolfarth would like to work with City staff over the next two to three weeks to resolve this item. City Attorney Cherof asked if this means we are going to discuss the method of payment. - 18 - I -;;;:Jl!(~~i~:,____