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LEGAL APPROVAL MINUTES PLANNING AND DEVELOPMENT Bo.aRD MEETING BOYNTON BEACH, FLORIDA DECEMBER 13, 1994 Louis Campanelli. of OCL Consultants. represented Howard Scharlin, Trustee. Mr. Haag pointed out that there is an error in the legal Description. He questioned whether or not Mr. Campanelli was aware of the error. Mr. Campanelli said he saw it on the plans and does not know how that came to be. They probably pulled an east off rather than a west. Mr. Haag said staff feels this can go forward even though the advertisement was incorrect because this is well within the applicant's property. The drawing, which went along with the legal ad, was published in the newspapers and went to the utility companies. Motion Vice Chainman Dube moved to approve the abandonment by CCl Consultants for Howard R. Scharlin for The Vinings at Boynton Beach of a 121 wide utility ease- ment that runs approximately 200' east of and along SW 8th Street. Mr. Golden seconded the motion. Mr. Weigle suggested adding something to the motion regarding the legal Description. Mended Motion Vice Chainman Dube amended his motion to include the revised legal Description changing east to west on line #12. Mr. Golden seconded the amended motion, which carried unanimously. B. SUBQ1YISIONS MASTER PLAN MODIFICATION WOolbright Place CCl Consultants, Inc. Howard R. Scharlin, Trustee East side of SW 8th Street approximately 1,400 feet north of Woolbright Road Request to amend the previously-approved master plan to subdivide Pods 2A and 2B and establish building, pool and dock setbacks from the new property line. Ms. Heyden made the presentation. This PUD is located on SW 8th Street, approximately 900' north of Woolbright Road. The modifications are limited to the multi-family portion. The purpose of this modification is to further sub- divide the PUD. Using the overhead projector, Ms. Heyden pointed out that what was the phase line is now becoming a property line. 1. Project Name: Agent: Owner: location: Description: Now that the property line is being established, it is necessary to set forth the penmanent setbacks from that property line. Those setbacks are being established at twenty (20) feet. The side setback for a pool has been set at eight (8) feet and zero (0) feet for the dock. - 10 - MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA DECEMBER 13, 1994 This is being processed in conjunction with the proposed modification to the site plan. This project was approved for 548 multi-family units on Pods 2A and 2B. Based on the number of subdivisions since the last plat, this subdivision also requires the property to be rep1atted. With respect to the changes requested, the reconfiguration of Pods 2A and 2B did not increase the overall density; therefore, there will be no change in impacts nonma11y reviewed with this type of request. Staff finds the proposed setbacks acceptable. When the City Commission reviewed this, they made a finding of no substantial change. They recommend that the Board approve the request subject to all staff comments. Ms. Heyden advised that the applicant has submitted construction plans for the completion of SW 8th Street to the northwest tenminus which should be completed in March, 1995. Louis ClmDanelli. of OCL Consultants. said his only problem is with Comment #2 in Utilities Department Memorandum No. 94-324 dated October 11, 1994, wherein Mr. Guidry stated that the completion of this main is also a prerequisite for approval of the HRS applications for the on-site water and sanitary sewer improvements. Mr. Campanelli advised that the water main on SW 8th Street is presently under construction and he does not believe it will be completed and signed off until mid-January or the end of January. The water and sewer plans are presently completed for the Vinings project itself and they have been sub- mitted to the City. Mr. Campanelli has a meeting. scheduled for tomorrow with the City to discuss this project. He would not like to see Comment #2 taken verbatim so that when he meets with the City, they will not sign off on the applications until there is a sign off on the SW 8th Street project. He is aware of the fact that he will not be able to get CDs for the rental units until both the SW 8th Street water main and the on-site water main are approved by HRS. This is the amendment he would like. In response to Ms. Heyden's question, Mr. Campanelli said he has had conversa- tions with Mr. Peter Mazzella about this situation. Most recently, he stated that he would sign off once he started seeing construction proceeding on the water main. That water main is virtually completed except for the tie-ins to the main line. Mr. Campanelli is meeting with him tomorrow to go over the design plans and the signing of the applications. Mr. Campanelli does not believe Mr. Mazzella has any objection to signing off on the applications tomorrow. Ms. Heyden recommended that the Board incorporate in its decision that as long as it is coordinated with the Utilities Department, it is okay. Chainman Lehnertz recognized the presence in the audience of Commissioner David Katz. - 11 - - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ! DECEMBER 6, 1994 Commissioner Aguila di landscaping is dense. em with this request as long as the Motion Commissioner Aguila Memorial Hospita s presented, with photographs s n by Bethesda staff. which car d 4-0. the master plan modification for Bethesda aff comments, and as presented by the C~ioner Katz seconded the motion, B. Master Plan Modification - The Vinings Ms. Heyden stated that this is a request to modify the previously approved master plan for the Woolbright Place PUD. In September, the Commiss~o~ reviewed the last master plan modification, which was a subdivision. This is a further subdivision of parcels 2A and 2B. When this came before the Commission, the Vinings multi-family project was granted site plan approval for the entire piece of property. They are planning to phase it (Phase 1 and Phase 2). The phase line now is being proposed as a property line, and that is really the root of this application. Once you start setting new parcels, you have to establish setbacks because there are no minimum setbacks for a PUD; those setbacks are established as part of the master plan process. Therefore, this master plan modification is to subdivide Pods 2A and 2B, establish the building setback of twenty feet on each side of the property line, and establish a setback for a pool. (In this location, there is a stonmwater management tract, and they ar~ providing recreation amenities that are water oriented, including a swimming pool and a dock. Setbacks need to be established for both of those structures.) With respect to the changes that are being requested, this change does not increase the density or intensity of the project and does not impact traffir., water and sewer. The proposed building setback of twenty feet is consistent with the side setback required for the R-3 zoning district, which is the zonin~ district the property most closely resembles. Regarding the eight foot side setback for the pool and the zero side setback for the dock, this is consistent with pool setbacks that are required for other zoning districts. The TRC recommends the City Commission make a finding of no substantial change and that they forward it to the Planning and Development Board for approval, subject to staff comments (Police Department Memorandum dated October 21, 1994, Engineering Memorandum No. 94-322, Utility Department Memorandum No. 94-324, and Planning and Zoning Department Memorandum dated November 22, 1994). In response to Commissioner Aguila regarding the completion of S. W. 8th Street, Ms. Heyden stated that it was always detenmined that S. W. 8th Street would be developed up to the north point of the PUD once any phase of this property went in. - 10 - .,..'" ,.' MINUTES - REGULAR CITY ~ISSION MEETING BOYNTON BEACH, FLORIDA DECEMBER 6, 1994 City Manager Parker advised that no CDs will be issued until S. W. 8th Street is sufficiently completed to provide 24 hour continuous access between Boynton Beach Boulevard and Woolbright Road. Commissioner Katz did not think the City should settle for just a dirt road for emergency vehicles. louis Campanelli with CCl Consultants, agents for Howard Scharlin, Trustee, stated that the ,owner has signed a contract with ~n engineering contractor to build the entire 8th Street up to Ocean Drive. They started about a week ago, and the owner has intentions of completing the Road to Ocean Drive. In response to Commissioner Aguila, Mr. Campanelli advised that all the proper penmits were pulled. Commissioner Aguila asked about the scheduled completion date. Mr. Campanelli advised that he is concentrating on putting 1n the water main. He stated that by the end of January or middle of February, it should be physi- cally done. In response to Mayor Hanmening, he said the water main will be physically done by the end of the year. The road should be physically done about a month later. In response to Ms. Heyden, Mr. Campanelli confinmed that the penmits are for a asphalt road. Ms. Heyden will check into this. Commissioner Aguila did not like the fact that this was being subdivided again. Bettina Scherer of Trammell Crow (the developer of the Vinings), 6400 Congress Avenue, Boca Raton, stated that essentially that line is really not a sub- division of the product type or what was presented previously by the site plan. When you drive into the entry drive, it is still going to seem like a full fledged development. That line is really just for financing and platting pur- poses. It is easier to finance it in two phases. Motion Mayor Pro Tem Bradley moved to approve the master plan modification for the Vinings, subject to staff comments. Commissioner Aguila seconded the motion, which carried 4-0. IX. NEW BUSINESS A. It-.s for discussion requested by MQor Pro Tem Mitt Bradley 1. COP Proor.- Update Mayor Pro Tem Bradley gave a brief update on the Citizens on Patrol Program. He said he met with Sgt. Copeland from the Sheriff's Department and one of his civilian officers and learned quite a bit about this program. Mayor Pro Tem Bradley felt this kind of program would benefit Boynton Beach and its residents. There are over 3,000 volunteers in almost 80 different programs that are - 11 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 6, 1995 Department's recommendation of 15' and has a problem with the request to reduce the side screen enclosure setback from 15' to 10'. Commissioner Jaskiewicz concurred with Mayor Pro Tem Matson's remarks. Mayor Taylor questioned whether Mr. Campanelli anticipated any problems in changing the name. Mr. Campanelli expiained that he does not know the legal ramifications involved. Following clarification regarding the recommendations made by staff with regard to the setbacks for screen roof enclosures from 15' to 10', Vice Mayor Bradley agreed that the Commission should not approve that reduction. He feels the zero-lot line lots are small enough. Mayor Taylor advised that he would support this request only if all of staff's recommendations were complied with. Motion Mayor Pro Tern Matson moved to find that this is "no substantial change" to the master plan modification. She moved to approve this subject to staff comments, and with a proviso that the name "Boynton Estates" not be used. Vice Mayor Bradley seconded the motion. Commissioner Jaskiewicz asked Mr. Campanelli whether or not he could comply with the Fire Department's recommendations. He responded affirmatively. However, he stated that the request was made because the project across from Citrus Park was granted these reductions, and they are in competition with that project. . Mayor Pro Tem Matson explained that one Commission may not approve the same thing another Commission approves. There is no such thing as a "me too" priority in the City. Each case is dealt with individually. The motion carried 5-0. C. Determination if Master Plan Modification requested for the Woolbright Place PUD constitutes a substantial or non-substantial change Ms. Heyden made the presentation. The request involves Pods 1 and 3. The changes in Pod 1 involve a change in unit type from 90 multi-family units to 108 single-family, detached units. The setbacks for multi-family units are less involved than those for single-family units. The 12 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 safety that the Commission wan~~eea , to ask the F're Chief but he was not present at the meeti~. e Mayor f t confident the Health Dept. had already look~d i to this pri to approving it. \~:p~:t was requested f the next eeting which would addre_~he Commission's conc ns. D. Project Name: "'-... Shoppes of Woolbright Agent: . lday & Associates Owner: Tr ewinds Development Co /~~tion: Nort side of Woolbright Rd. \ " the S railroad right-of-\'Iay L.W.D.D. E-4 Canal MASTER PL MODIFICATION: Request or~ approval of n amended master plan ' connection wit a stipulation and settlement agree ent. J Description: f I , / J I ", im Cannon, Interim PI ning Director expl 'ned this was ction by the Commission to ratify the Plann g and Zoning rd's action. Under nor 1 circumstances th have final pp oval over any changes to'~ PCD where there no . ncre ses in the intensi ty of 'u,se or impacts. The lanning nd Zo 'ng Board recommended appr,oval, subject to th sti- ulation nd settlement agreement "~nd subject to staf ~om7 ents. ~~J ~' David Beasley, 499 submitted a writt t is topic. He sta wa fine with him. Vice or Wische moved to pprove the request.~~_ Commissi er Artis seconded ~ motion which carrie~4-0. -,. .......,..,_...._".......~,-:."/',...._,-" '. ---..,-...-..- ".. -..' E. Project Name: WoolbiTgnE-Place--'- ....-.. '-..- Agent: Kilday & Associates Owner: Tradewinds Development Corp. Location: North of Woolbright Rd., between the SAL railroad right-of-way and the L.W.D.D. E-4 Canal MASTER PLAN MODIFICATION: Request for approval of an amended master plan in connection with a stipulation and settlement agreement. S.W. 30th Ave., #8, oynton Beach had request to address th Commission on d if there was no oppo then that .. Description: Tim Cannon, Interim Planning Director stated this required Commission action to ratify the Planning and Zoning Board's action. Normally a PUD Master Plan change goes to the Planning and Zoning Board, but since this was the subject of a stipulated settlement, it was coming back to the Commission for ratification. The Planning and Zoning Board concurred with the staff comments with one exception. The 20 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 15, 1990 Planning Dept. staff had recommended the apartment buildings along the north end be limited to two stories since they originally came in with a Master Plan saying two and three stories. The applicant did not agree with this and wanted the option of constructing three story buildings there. Mr. Cannon noted this did include the increased number of units which had been agreed on, namely 640 units. Mr. Cannon stated the Planning Dept. recommended the appli- cant be allowed to build one story duplexes. on the panhandle which extends to the northeast and that a buffer be planted along those duplexes. The City could in effect gain another piece of property which lies in the northwestern portion of Lake Boynton Estates which would be more useable for parks and open space. That strip, if dedicated to the City would always be a passive buffer. It would simply be a main- tenance task for the City and there would be very little tangible benefit as far as recreation, in Mr. Cannon's opi- nion. Commissioner Weiner moved to deny this request on the basis that it is now 640 units instead of 600 units. Mr. Cannon thought the Commission needed to ratify the action of the Planning and Zoning Board as being consistent with the sti- pulation. Commissioner Weiner's motion died for lack of a second. Vice Mayor Wische moved that the request of the developer, as approved by the Planning and Zoning Board, be ratified. Commissioner Artis seconded the motion which carried 3-1. Commissioner Weiner voted against the motion. -- .. ------------- The meeting ----'-... ...~ Carriage Homes of "c'().q~ress Lak~ (f/k/a Gerulaitis Mult"i.-Family Apt.,.) Alex Garcia, Project Eng~eer ' Carriage Homes of Congres~',*akes Associates " West of North Congress Ave., b'etween the Boynton {(::-1.6) Canal and N. W~ 22nd Ave., ~ PRELIMINARY PLAT'~",Reques t for the '-, ~ ' ,,~pproval of the con~ruction plans cing preliminary plat 'Which provides for',the construction of . nfrastruc- ture.i'mprovements and Ian aping to serve 46'6'"uni ts in connectio wi th a previously'a.pproved planned un~ development. The Mayor callep.a brief recess at 8:40 P.M. resumed at 8: 50 P :M..~ F~-p.,?ject Name: Agent: Owner: Location: Description: ~"'-., '~" '-, 21 MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 1, 1990 Mayor Mopr recognized the p sence in the a Dan O'Conne a Town Commissio r in Ocean Ri O'Connell had de a $500 persona donation towar 4th celebration. of Mr. Mr. the July M Cynthia Greenhou , 618 N.E. 20th La , Boynton Beac tho ht Mayor Moore was trying to lay the egis Garage probl at the feet of th Code Enforcement ard and she didn't ink that was appro iate. She stated hat Board can only ar the cases brougn before it. Greg Garage was heard 0 r a year ago. She ted they were cit d then they com ied. The matter ne r came back befor Board. Prior t the hearing, the Bu~ ing Dept. made termination the were in compliance. stipulation had bee entered into w h Greg's Garage agai t the advice of the 'ting inspector, r. Finizio. Mr. Finl io had reques d the Board hea it as he felt it was life/safety issue. wever, because stipulation was agree to, the Garage was iven time to co ly. She stated it wa up to the Building~ept. to make a termination as to whe er they are in co~iance. " It was reiterated~at the would be checking f~O this situatio~~~ ~ " DEVEL PLANS '., * one (1) year t e extension - c of rovement~ - Trac "E" at Meadows I ~ recommendatio \ Vic~a~or Wische move to grant the one ear time exten- \ si~~. ~mmissioner Weine',~~conded the mot '~n which carried' \ ~_~~~_ ~ _'2-------__,_.~~ __/~~ ____ B. Woolbright Place Planned Unit Development - Revised Master Plan ... " Copies of the TRB's comments were distributed to the Commission. Tim Cannon, Interim Planning Director explained the settlement between the City and Tradewinds anticipated they would be submitting this revised Master Plan. The Commission needed to determine if this revised Master Plan complied with the settlement. It would then be transmitted to the Planning & Zoning Board for review. It would then come back to the City Commission on May 15, 1990 for ratifi- cation of the Planning & Zoning Board's actions or the Commission could over-ride the Board's recommendation. City Attorney Cherof agreed these recommendations complied with the settlement offer previously approved. Mr. Michael Morton commented from the audience it was in compliance. 7