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AGENDA DOCUMENTS MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 16,1997 PIO and Cedar Ridge PUD Subdivision, and authorizing the Mayor and City Clerk to execute a disclaimer for said abandonment and requiring disclaimer be recorded in the Public Records of Palm H3acn County 4. Proposed Resolution No. R97-204 Re: Accepting as a City street, the proposed access road from NE 61h Street into property owned by the Banana Boat Restaurant upon completion of construction of the road by FOOT in connection with State Project No. 93200-3505, accepting a quitclaim deed from FOOT upon completion of the access road, and naming said roadway "Banana Boat Way" D. Ratification of Planning & Development Board Action: 1. New Site Plan for Alhambra North (Application Denied by Planning & Development Board on August 26, 1997) . .. ..... ... ...... .. POSTPONED TO 12/16 CITY COMMISSION MEETING Upon recommendation of the City Attorney, Item 0.1 was deleted from the agenda. See discussion under Item 1.0.1. 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" Item 0.2 was removed from the Consent Agenda for discussion by Commissioner Bradley. 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" Item 0.3 was removed from the Consent Agenda for discussion by Commissioner Bradley. 4. Harry Woodworth - Request for variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 4.J.1 - Fence Height, which restricts fence heights to 6' for fences located within the required setbacks of residential properties to allow a 4' high fence on a 3' 6" retaining wall 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 Item 0.5 was removed from the Consent Agenda for discussion by Commissioner Bradley. E. Approve Change Order #2 for Mangrove Park for Construction Technology for changes in fencing to make the park safer. additional curbing to control street ~ 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 D.1, D. 2, D.3, D.5, and Item F. Vice Mayor Titcomb seconded the motion that carried 4-0. Items for discussion: D.2. Via Lugano - Melear PUD - 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' to 8' 1" D.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 valiance 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 ~ - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a h and pursuant to the provisions of the Land Development Regulations of said City: Case NO.241 Owner: Harry Woodworth \,/ Requested Variance: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 4.J.1 - Fence Height, which restricts fence heights to 6 feet for fences located within the required setbacks of residential properties to allow a 4 foot high fence on a 3 foot 6 inch retaining wall. Location: 685 N. E. 15th Place Legal Description: Lot 11, Yachtman's Cove, according to the plat thereof recorded in Plat Book 31, page 225 of the public records of Palm Beach County, Florida. Together with: The north 75.46 feet of Tract A of Yachtman's Cove, according to the plat thereof as recorded in Plat Book 31, page 225 of the public records of Palm Beach County, Florida. Note: Property in question lies in Section 22, Township 45 south, range 43 east, Palm Beach County, Florida. Use: residence 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. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 375-6260 PUBLISH: November 14, 1997 PALM BEACH POST S:\projects\Woodworth\LGL-CASE241 C: City Mgr., City Attny, Planning, Files