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LEGAL APPROVAL ORDINANCE NO. 0 OO-~~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH THE APPLICATION BY GROVE PARTNERS, LTD., ( FOR THE PROJECT KNOWN AS VILLA DEL SOL) WITHIN THE PLANNING AREA 1 P.; SAID TEXT AMENDMENT WILL ALLOW FOR LAND USE RECLASSIFICATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Bradley D. Miller, as Agent for Grove Partners, Ltd., owners of the project known as Villa del Sol, has requested an amendment to the Future Land Use M~p for a 16 acre parcel of land, located at the Northwest comer of the intersection of Federal Highway (US 1) and Old Dixie Highway (located within the expanded CRA area), from Local Retail Commercial to Special High Density Residential; and WHEREAS, the City Commission of the City of Boynton Beach adopted in 1989 a Comprehensive Plan and as part of said Plan a Future Land Use Element by Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the Future Land Use Element contains the Section VIII. Land Use Problems and Opportunities which, in part, indicates the basis for land use classifications for selected properties as shown on the Future Land Use Map; and WHEREAS, the Future Land Use Element, Section VIII. Land Use Problems and Opportunities, recommended the Local Retail Commercial Land Use Classification for Planning Area 1.P, consistent with an approved development plan which is now expired; and ~ ~ I. WHEREAS, the Special High Density Residential Use Classification has f been established to support the redevelopment of infill lands within the City's coastal area and the subject project represents an infill development on 16 acres within the coastal area of the Community Redevelopment Area; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the text of the Future Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The portion of the Future Land Use Element entitled Land Use Problems and Opportunities, Planning Area 1P. is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck through type, as follows: 1.p. Parcels at Northwest Comer of U.S. 1 and Old Dixie Highway. Due to the limited demand for commercial floor space along this segment of U.S. 1., an initial recommendation of the Comprehensive Plan adopted in 1989 was the Coost31 M3nagement Element originally recommonded that these parcels be taken out of the Local Retail Commercial land use category, and placed in the Special High Density Residential category. Howover, bec3use a site pkm ~md construction drawings for a shopping center on this site have been 3ppr:ovod by tho City. the City Commission docidod to koop thoso p3rcols in the LOC31 Ret3il Commor~i31 13nd use category. This recommendation was not enacted because a site plan and construction drawinas for a shoppina center on this site have been approved bv the City. The shoppina center has not been developed and the site plan and construction plan approvals have expired. Therefore. these parcels should be taken out of the Local Retail Commercial land use cateaorv and placed in the Special Hiah Density Residential cateaorv to encouraae development and revitalization of this area of the City. Section 2. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby granted to codify said Ordinance. Section 5. The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding this Text amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding said amendment to be in compliance in accordance with Chapter 163.3184, F.S. The ~otice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21 day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. FIRST READING this -L day of ~H'6' , 2000. SECOND, FINAL READING AND PASSAGE this J/t::J day of ~4' ,2000. , Myor ~ ~tf /~/C~. ~~ Mayor Pro Tem ~ C . sioner ATTEST: Ci Clerk~~'\"o"f NTOA, ;l11~ ~~ "th~ ~s ......... ~~ s:ca~ . Q_WQ ~ ....... .. ..",~.. -- :i 0 iQO '<:)\ " ~ = >- i~ \ ~ E =t-' i- _r-. - %,0\ "'920/ j ~ .... \ ..'" ~ ~ ............ t- ~ %" FLOf'\Q ~~~ ql/ \\" _ ___u___ _~/I"""!\\\\\ __ DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Building Planning & Zoning Engineering Occupational License Community Redevelopment January 24, 2000 Paul Conger Planner IV State of Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 RE: Amendment LUAR 99-05Nilla Del Sol Dear Mr. Conger, In response to your letter of January 7, 2000, attached please find six copies of the requested Future Land Use Map depicting the present land use designations of the subject property and the properties adjoining the subject area. Sincerely, d@A~f Michael W. Rumpf Director of Planning and Zoning MWR/nl J:\SHRDA T AIPlanning\SHARED\WPIPROJECTS\VILLA DEL SOL CPTA & LUAR\VillaDeISoIDCAleltetwn.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6260 FAX: (561) 742-6259 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: VILLA DEL SOL ...--' ,---~"--,,-~~:. APPLICANT'S AGENT: Bradley D. Miller, AICP APPLICANT'S ADDRESS: 6 Ramland Road, Orangeburg, NY ;\(\,~ , II \1 \. . t.\ ~,_: -~. ." q LkL L ( \ it ~ J\ '.-'..-- ,____....--O<Y~ DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: M,4t~~ TYPE OF RELIEF SOUGHT: Future Land Use Map and Rezoning LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway (US 1) and Old Dixie Highway. I...-~ . . DRAWING(S): NA THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X 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 .lL 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby .lL 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 Transmittal of the amendments to the Deoartment of Community ~~~k;{;'~/III//// review in accordance with Chaoter 163 F.S. ~ q, "'~O'R"'" <9~-:e.~ ~ 0<( ,"o~ 4 ~'" )? S _ /. , ....., ~ :: lu ;o.~ () ~ DATED: /A/A~t''' == >- :~ : :t :: _ _ i ~ J:ISHRDATAIPlanningISHAREDIVVP\PROJECTSIVILLA DEL SOL CPTA & LUARIOO CC 12-21-99.doc ~ () ... 920 l gg ~ .. ' ..... S ~ .......... '0 'C" ~ ~II FLO~\ \,,~ 11111/1/'111\\\\\\\\ EXHIBIT "I" Conditions of Approval Project name: VILLA DEL SOL File number: LUAR # 99-005 Reference:.Future Land Use Amendment and Rezoning apolication oreoared bv Miller Land Planning Consultants Inc dated October 1 1999 . . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None P ARKS AND RECREATION Comments: None FORESTER/ENVlRONMENTALIST Comments: None PLANNING AND ZONING Comments: NONE ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. NONE ADDITIONAL CITY COMMISSION CONDITIONS 2. To ~e GetermiAea. ~t!1f MWR/dim J:ISHRDATAIPLANNINGlSHAREDlWPIPROJECTSIVILLA DEL SOL CPTA & LUARICOND OF APPROVAL P&D 12-14-99 DOC v DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: VILLA DEL SOL APPLICANT'S AGENT: Bradley D. Miller, AICP ~ . :;!' . ii .; " J' i Llll; f ~ .f L~~ _ ; 1,-; ~! . ; I :r I. ' Ij ;! f{ >01 j , . ,,~___1 APPLICANT'S ADDRESS: 6 Ramland RQad, Orangeburg, NY DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: ~..._.,.. 4A'~~? TYPE OF RELIEF SOUGHT: Amendment to Comprehensive Plan Text LOCATION OF PROPERTY: Northwest corner of the intersection of Federal Highway (US 1) and Old Dixie Highway. DRAWING(S): NA THIS MA TIER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MA TIER 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 lHAS 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 "C" 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 Transmittal of the amendments to the Department of Community ~1rsl 'f(hlll/I/ review in accordance with Chapter 163 F.S. .#"\,o:.~.:'.~1v ;/~~ ~ {~ ~ l( ....~OR<l~... ~ ~ /~#9? ~~~~....~g~.:~oo ~\~~ City Clerk :: I- i- : ~ = ::0\ 01- ~ ......." 92.... ~ ~ .... $ ~ ............... ~ %1. FLOf'\Q ~,~ '11/11111/11 ""\\\\\'\ DATED: J:ISHRDATAIPlanningISHAREDIWP\PROJECTS\VILLA DEL SOL CPTA & LUARIOO CC 12-21-99.doc EXHIBIT "I" Conditions of Approval Project name: VILLA DEL SOL File number: CPT A # 99-002 Reference:.Future Land Use Text Amendment application prepared bv Miller Land Planning Consultants. Inc. dated October 1 1999 . ~ . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DMSION Comments: None P ARKS AND RECREA nON Comments: None FORE STER/ENVIRONMENTALI ST Comments: None PLANNING AND ZONING Comments: X 1. The site design requirements should include variable north and south setbacks based on project height: a) North side adjacent to residential district only 1) 1 story - 40 feet 2) 2 stories - 45 feet DEP ARTMENTS INCLUDE REJECT 3) 3 stories - 60 feet 4) 4 stories - 100 feet b) South side adjacent to residential district only . . 1) I story = 40 feet . 2) 2 stories - 40 feet 3) 3 stories - 75 feet 4) 4 stories - 100 feet X 2. The perimeter landscaping on the north and south sides shall include at minimum, a hedge, I canopy tree spaced no greater than 20 feet, and additional landscaping of varying height placed between trees. The landscaping to be placed along the rights-of-way shall include serpentine berm varying in height. A combination of palm and deciduous/canopy trees densely spaced with a diversity of plant materials from ground covers at varying height placed within the buffer. X 3. Signage shall be compatible (in scale) with adjacent residential properties and be designed in conjunction with materials to be repeated along the perimeter such as posts, fence elements, small monument features, etc. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 4. None ADDITIONAL CITY COMMISSION CONDITIONS 5. 1'0 be. dGtc.rmia6a. ~ e- ",......- MWR/dim J:ISHRDATAIPLANNINGISHARED\\lllPlPROJECTS\VILLA DEL SOL CPTA & LUARICOND OF APPROVAL P&D 12-14-99.DOC Response to Objections, Recommendations And Comments Report Proposed Comprehensive Plan Amendment City of Boynton Beach Amendment 00-1 ER I. Consistency with Chapter 163, F.S., and Rule 9J-5 & 9-11, F.A.C. The City of Boynton Beach, in Palm Beach County, has proposed a Comprehensive Plan Amendment, based on the City's Evaluation and Appraisal Report (EAR) adopted on April 1, 1997. The proposed Amendment consists of updating all of the Elements of the City's Comprehensive Plan as anticipated in the EAR. The proposed EAR-based Amendment includes four Future Land Use Maps (FLUM) changes. The City has also proposed a non-EAR related FLUM change. The City proposed to adopt this Amendment in May of June of 2000. The Department has identified the following objections to the proposed Amendment: A. EAR-based Amendment Transportation Element Objection 1. The Transportation Element does not include future transportation maps identifying the major public transit trip generators and attractors based upon the future land use map; and the projected peak hour levels of service for transportation facilities for which level of service standards are established. Response: The MPO generated 2020 throughfare system and 2020 pedestrian facilities are included as support documents. The Public Transit System Map implicitly indicates the location of major public transit trip generators and attractors at various terminals. The map will be expanded, however, to explicitly indicate the trip generators and attractors based on the Future Land Use Map. The projected peak hour level of service is contained in the Evaluation and Appraisal Report as Map 2.9. Objection 2. The Transportation Element support documentation indicated that transit market share for Tri-County Rail and Palm- Tran, as well as pedestrian and bicycle facilities, would have to increase in the City through transportation demand management (TDM) strategies in order to modify peak-hour travel demand. However, the City did not include a policy in this Element establishing TDM programs. Response: An explicit TDM oriented policy to establish a transportation management organization as an implementing vehicle for the TDM will be added above and beyond what is implicitly indicated in Objective 2.7 and 2.8, pending the City's concurrence with the costs and Staff implication of a TDM public/private partnership and responsibilities. City of Boynton Beach, Florida Response to Objections, Recommendations, & Comments Report Amendment OO-lER Date: June 6, 2000 Page 1 of5 Objection 3. Proposed Objective 2.4 of the Transportation Element states: The City shall develop and maintain a safe, convenient, and energy efficient multi-modal transportation system which will meet future as well as current trans needs. The City has provided an inventory of existing intermodal facilities, but not an analysis of the deficiencies or projected needs. These data and analysis will assist the City in addressing the need for additional terminals, connections, high occupancy vehicle lanes; and pedestrian, bicycle, park-and-ride and other facilities based on land use projections to facilitate effective implementation of this objective. Response: The analysis presented within the EAR is adequate and it will be incorporated in the text and maps of the support documents by reference. Additionally, transportation concurrency management map(s) will be expanded to address the Department's concerns. Comment. The transportation map series do not include the appropriate titles, legend, map scale and the preparation or revision date. The inclusion of this information will improve the usefulness of these maps in the City's planning efforts and enhance citizen's understanding of these maps, because the maps can be properly referenced. Response: The map series were intended to update and/or augment the maps already in the EAR and not necessarily to substitute them. The maps presented however, did and do contain appropriate titles and legends. They will be expanded and improved upon, however, to adequately address the Department's concerns. Planning Timeframe Comment. The City projected its population and public facility capacities and needs to 2015 in the EAR. The proposed Comprehensive Plan EAR-based Amendment and support data and analysis have been based on the 2015 timeframe. However, the City did not include in the plan or on the FL UM any planning timeframe, either short-term, medium-term, or long-term, toe support the proposed goals, objectives and policies in the Comprehensive Plan. We recommend the City should include at least two planning periods in the Comprehensive Plan, one for at least the first five-year period and one for at least an overall ten-year period. Response: The Transportation Element addresses appropriate planning timeframes (Policy 2.2.1) for transportation improvements. City of Boynton Beach, Florida Response to Objections, Recommendations, & Comments Report Amendment OO-lER Date: June 6, 2000 Page 2 of 5 B. Non EAR-based Amendment Future Land Use Map (FLUM) Amendment (LUAR #99-005: Villa Del Sol) Objection. The Amendment does not restrict development activities where such activities do not protect human life by directing population concentrations away from known or predicted coastal high hazard areas. Additionally, the proposed Amendment is internally inconsistent with Policy 1.21.1 of the Future Land Use Element of the City's Comprehensive Plan which requires the City to obtain wTitten approvals from the Palm Beach County Division of Emergency Management and the City of Boynton Beach Risk Management Officer, "prior to approving any increase in residential densities in the Hurricane Evacuation Zone...if the proposed density increase would result in an increase of 50 or more dwellings." The City has not supported the proposed FLUM Amendment with such wTitten approvals. Moreover, the City has not demonstrated the consistency of the proposed FLUM Amendment with Objective 7.6 of the Coastal Management Element of its Comprehensive Plan, regarding the City's commitment to maintain or reduce current estimated hurricane evacuation times if development increases in the coastal high-hazard area of the City. The City did not provide analysis of the projected impact of anticipated population density of the proposed additional 148 dwelling units and potential evacuation needs of the population on hurricane evacuation planning. Response: City staff made two errors in its review comments on the application for amendment. The first was to reference the location of the amendment as being a part of Map location #16 in Table 24 of the Coastal Management Element. The referenced map location is on the east ofU. S. Highway 1, while the subject parcel is on the west of that thoroughfare. In an early draft of support documents for the Coastal Management Element, the subject property was identified as Map location #17 and corresponding policy direction in Table 24 provided setback requirements for development of the site under a Special High Density Residential designation. The map and policy references were removed from the final version of the support documents when it was decided to recognize the development order in place for the property in 1989 and maintain the commercial land use designation on the site. Staff's second error was to recommend that the proposed amendment would be forwarded to the County EMD for review. This is required when a site is located within the Hurricane High Hazard Zone and impacts of the increased density reach thresholds established in the Land Use Element of the Comprehensive Plan. While the parcel is within the City's adopted Coastal Planning Area, it is west of the line delineating the Hurricane High Hazard Zone. It is staff's understanding that under Rule 91-5.003(18), F.A.C., the coastal planning area does not need to be City of Boynton Beach, Florida Response to Objections, Recommendations, & Comments Report Amendment OO-lER Date: June 6,2000 Page 3 of 5 coterminous with the Coastal High Hazard Area so long as all of the Coastal High Hazard Area is included within the planning area. Emergency Support Function 18 - PUBLIC SAFETY of the Palm Beach County Comprehensive Emergency Management Plan details the geographic areas contained within each Traffic Evacuation Zone for hurricane evacuation. The boundaries for each zone are repeated from the Treasure Coast Regional Hurricane Evacuation Study. Zones 11, 12 and 13 encompass areas of the City of Boynton Beach; however, the zone in closest proximity to the subject parcel is Zone 13. Its boundaries are described as, "South of Ocean Avenue, east of U. S. 1, north of Gulf Stream Golf Course, west of Atlantic Ocean." Evacuation Zone 13 is classified as the Storm Surge Vulnerable Zone for all hurricanes. (See Attachment A) The subj ect parcel is located west of U. S. Highway 1, and therefore is not within the Hurricane High Hazard area, defined in Rule 9J-5.003(17), F.A.C. as "the evacuation zone for a Category 1 hurricane as established in the regional hurricane evacuation study applicable to the local government. " Even though the property is not located within the Hurricane High Hazard area, staff requested that the Palm Beach County Emergency Management Division review the amendment and provide comments. Their response indicates that the site is not designated as an evacuation area in the event of a Category 1 storm. (See Attachment B, paragraph 4) II. Consistency with the State Comprehensive Plan The proposed Amendment does not adequately address and further the following goals and policies ofthe State Comprehensive Plan, Chapter 187, F.S.: 1. Goal (7) Public Safety. Policy 25, regarding local governments adopting plans and policies to protect public and private property and human lives from the effects of natural disasters. Response: Evacuation routes, as shown, addresses the concerns contained with this Goal as it relates to transportation. 2. Goal (20) Transportation. Policies 10 & 15, regarding promotion of ride sharing by public and private sector employees; and promotion of effective coordination among various modes of transportation in urban areas to assist urban development and redevelopment efforts. Response: An explicit TDM oriented policy to establish a transportation management organization as an implementing vehicle for the TDM will be added above and beyond what is implicitly indicated in Objective 2.7 and City of Boynton Beach, Florida Response to Objections, Recommendations, & Comments Report Amendment 00-1 ER Date: June 6, 2000 Page 4 of5 2.8, pending the City's concurrence with the costs and Staff implication of a TDM public/private partnership and responsibilities. City of Boynton Beach, Florida Response to Objections, Recommendations, & Comments Report Amendment OO-IER Date: June 6, 2000 Page 5 of 5 , 1-1 '--- I , , ___.-J MINEl1 ID ~ ----- UJ u it 22 AVE ~ :5 BOYNTON F() ?.:r-7 BOYNTON: B CH Ii! ~ i r r I r r L, r i l , '---.. .------------..1 i I ~ I a I ~: ., L I L-_________________ ---- CITY LIMITS ATTACHMENT A HYPOLUXO RD : I I V Ie :ll : ler c!1 .... '" 1 L -1.. j I !i I I WINER ~ , I Ln, i r I ,_J / r / - - c: c: X IJJ U BLVD ILl > "'" U1 01 I ~ '" '" UJ c: tD ::z: CJ U KOOLBRIGHT AD 23 AVE /-- , ( \ \ \ '.J ~ ~ ~ c.., ~ c.., I...., J..... ~ ~ -.....J J..... ~ LEG END ~ N.7.S. I'"~~~ HURRICANE EVACUATION ZON~ BOYNTON BEACH COASTAL MANAGEMENT ELEHENT FIGURE 19 - HURRICANE EVACUATION ZONE WALTER H. KELLER JR., INC. Consulting EiJgineers G Planners Coral Spr i/lg5, Florida -96- Department of Public Safety Emergency Management 20 S [l,l1litary Trail West Palm Beach. FL 33415-3130 (561) 712-6400 FAX: (561) 712-6464 wwwco palm-beach.fI.us . Palm Beach County Board of County Commissioners Maude Ford Lee. Chair Warren H. Newell. Vice Chairman Karen T. Marcus Carol A. Roberts Mary McCarty Burt .-\aronson Tony Masilotti County Administrator Robert \Veisman -An Equal Opport"~niry Affirman\'e Acnon Employer" @ printed on recycled paper ATTACHMENT 8 ( - t r ~ _~.~;:-__'':~.~ .. 1m' rn @_tLJ~.?_;: '.- :1 U I. !; .e! , I '" ) , ; : 11 !l ..MAV I 2- 1.1. I HI ~J...rd.~ ~ J ! ~--~-:-:-..- . May 9, 2000 Dick Hudson, Senior Planner Divison of Planning & Zoning City of Boynton Beach PO Box 310 Boynton Beach, FL 33425-0310 Dear Mr. Hudson: This letter is in response to your correspondence of April 12, 2000 relative to the proposed change in land use designation for the 16 acre Villa del Sol site to "Special High Density Residential. " The Division of Emergency Management has not established or documented a formal policy on development in designated evacuation zones. Typically, we defer to the judgment of appropriate Zoning and Planning officials to establish and enforce such policies. Palm Beach County's Comprehensive Emergency Management Plan does not contain specific wording relative to the prohibition or discouragement of development in evacuation areas. However, page 4-13 of the Palm Beach County's "Unified Local Mitigation Strategy,n states that the County, through its Coastal Management Element, has established the public policy of not subsidizing new and expanded development in coastal areas. It further states that it is the County's position that population concentrations be directed away from known or predicted coastal high hazard areas, and it discourages increases in population densities that negatively impact hurricane evacuation times. We are not aware of any designation of the proposed site as a high hazard coastal area, nor do we have any specific information on what impacts the proposed population densities would have on evacuation clearance times. We would clearly not favor any residential development in surge areas that would present a threat to public safety or lead to repetitive property loss claims. As best we can determine from the maps provided, it appears the eastern half of the subject site is in, or borders on, a Category 5 storm surge zone. The eastern most portion of the site appears to be in a Category 3 surge zone. Dick Hudson - Page 2 of 2 Should approval of the land use designation change be granted, we would hope that developers, property managers, and/or residents would take appropriate steps to mitigate the risks of hurricane force winds and surge associated with near coastal locations. I hope these comments are of some assistance in your decision process. 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'1'""\ _______ ~ - }~ -- ---~- ---- -c:;: ~~- -~ ---- --- :7 ------ ---' -'--.,.-- \- -= --- ------ .--- --- ~ \ ~ ---=- ~ --- --- --- --- -----:::- , -::= -- ~ - ----- ~~ ---- :::: ::: -::::.-:... --------- ~. --==-::: ~~ ......./ c ~. - .- ~~- - ~ ..---- --- ----- - - ------- - - ............--- ~~ --I -- . - - \ :::- -::::::--- ~_\ ~:~\ ::...------: ~' -_.~...~ ~ ----- - __ / ___ . ::--- ~~~________ __ ---::- - - --,_ ----::..._r- ___~ ~ -~-~ -- - -~- - - .------:-=:.-- -- ----I - o~.-. - - - _---. - 7 -:;--- ------- ~-.- . _:...J _ ~ ______--.- _" ..~ __.e--=---- ~ ------- . ~.- -=:=--:!: --d ----~ ~ ...... Q---- ---------.:::: ~ -- =-== . - - ~ >.....:- -~.. .- ~............---- - ...... ~ -== ------- --~- ~? ............;;::::: -: .........---- - . --------------- , \- \ ----- -- -- z. o I- _Z- - )-" ----- .....-------- c;:: ~ ./ BOYNTON BEACH CITY COMMISSION MEETING MINUTES 12/21/99 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, DECEMBER 21, 1999 AT 6:30 P.M. PRESENT Gerald Broening, jvlayor Henderson Tillman, Vice Mayor William Sherman, Mayor Pro Tern Ron Weiland, Commissioner Nellie Denahan, Commissioner Dale Sugerman, Assistant City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS: A. Call to Order - Mayor Jerry Broening B. Invocation - Father Mark Szanyi - St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Nellie Denahan Mayor Broening called the meeting to order at 6:30 p.m. Following the invocation, Commissioner Denahan led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Vice Mayor Tillman moved to approve the agenda. Commissioner Denahan seconded the motion that carried unanimously. II. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Exoiration Date Mayor Broening Children & Youth Advisory Board Alt 1 yr term to 4/00 Tabled (2) I Weiland Children & Youth Advisory Board Stu/NonVoting 1 yr term to 4/00 Tabled (2) II Denahan Children & Youth Advisory Board Reg 2 yr term to 4/00 I Weila ,d Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 Tabled (2) II Denahan Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 Tabled (2) III Sherman Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 Tabled (2) IV Tillman Bldg. Board of .4.djustment & Appeals Alt 1 yr term to 4/00 Tabled (2) I Weiland Community Relations Board Alt 1 yr term to 4/00 Tabled (2) II Denahan Community Relations Board Reg 3 yr term to 4/02 Tabled (2) III Sherman Community Relations Board Reg 3 yr term to 4/01 1 ~, . . W' MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 II Denahan Education Advisory Board Reg 2 yr term to 4/01 Tabled (2) II Denahan Nuisance Abatement Board Reg 2 yr term to 4/01 Tabled (2) IV Tillman Planning & Development Board Alt 1 yr term to 4/00 Tabled (3) Mayor Broening, Vice Mayor Tillman, Mayor Pro Tem Sherman and Commissioner Weiland requested that their appointments remain on the table. Motion Commissioner Denahan moved to remove her appointments from the table. Vice Mayor Tillman seconded the motion that carried unanimously. Commissioner Denahan made the following appointments: · Reappointed Bob Borovy to the Advisory Board on Children & Youth as a regular member. · Appointed John Critchett to the Community Relations Board as a regular member. · Appointed Dr. leon Schwartz to the Education Advisory Board as a regular member. · ApPointed Joseph Pineau to the Nuisance Abatement Board as a regular member. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. City Hall closed Friday, December 24th and Monday, December 27th in Observance of Christmas Mayor Broening announced that City Hall would be closed on Friday, December 24th and Monday, December 27th in observance of Christmas. 2. City Hall closed Monday, January 3rd in observance of New Year's Day Mayor Broening announced that City Hall would be closed on Monday, January 3rd in observance of New Year's Day. 3. Meg Hooper, Special Events Manager Ms. Hooper thanked the City Commission and the public for attending and participating in the Holiday Parade. She announced the upcoming "Secret of the Sailfish" Millennium Event and displayed the "Secret of the Sailfish Millennium calendars that are for sale. 2 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 B. Presentations: 1. Proclamations: None 2. Presentation by Interim City Manager Wilfred Hawkins of Certificates of Completion to Mayor Gerald Broening and Commissioner Ronald Weiland for the completion of the Advanced Institute for Elected Municipal Officials In the absence of Mr. Hawkins, Assistant City Manager Dale Sugerman approached the podium and reported that the Florida League of Cities and Institute of Government sponsor training classes for elected officials. The classes are not mandatory, but many elected officials benefit from this training. He presented Mayor Broening and Commissioner Weiland with Certificates of Completion for completing the Advanced Institute for Elected Municipal Officials. Commissioner Weiland thanked the citizens of Boynton Beach for allowing him this opportunity to further his knowledge in performing his job. Mayor Broening said the Commissioners learn the things they don't know during this training, but the learning is an ongoing process. Much of what is not known is learned during meetings where there is public input. IV. CONSENT AGENDA: Commissioner Weiland announced that he would like to ask questions about the minutes of the City Commission Workshop meeting of November 23rd and Consent Agenda Item IV-C.2. A. Minutes: 1. City Commission Workshop Meeting of November 23,1999 The minutes of the City Commission Workshop Meeting were removed from the Consent Agenda for discussion. 2. Agenda Preview Conference of November 29, 1999 3. Regular City Commission Meeting of December 7, 1999 B. Bids - Recommend Approval - All expenditures are approved in the 1999-00 Adopted Budget 1. Approve the piggyback purchase for FENCE INSTALLATION AND REPAIRS utilizing a Palm Beach County Bid #97-0861jmm awarded to Tropic Fencer Inc., with an estimated expenditure of $70,000 3 .... MEETING MINUTES ... REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21,1999 2. Award the bid for "PURCHASE OF THREE (3) ROLL-OFF REFUSE COLLECITON VEHICLES/WITH THREE (3) TRADE-INS" to Volvo Trucks of Palm Beach, in the amount of $229,232 3. Award the bid for "PURCHASE OF THREE (3) BULK TRASH AND REFUSE COLLEcrIONfTRANSPORT VEHICLES" to Atlantic Truck Center, in the amount of $152,772 4. Renew the bid for "ANNUAL CONTRACT FOR THE SUPPLY & INSTALLATION OF WATER SERVICE CONNEcrIONS & RESTORATION" to Line-Tec, Inc. with an annual expenditure of $75,000 5. Renew the bid for "LEASING OF FIVE (5) NEW & UNUSED VEHICLES FOR POLICE DEPARTMENT" to Mears Motor Livery Corporation with an annual expenditure of $32,500 6. Approve a piggyback" PURCHASE OF THREE (3) AUTOMATED RESIDENTIAL REFUSE COLLECITON TRUCKS, using a City of Kissimee Bid, with an award to Volvo Trucks of Palm Beach, each truck at $148,228, for a total purchase of $444,684 7. Approve a piggyback PURCHASE OF A HEAVY DUn RESCUE VEHICLE W/OPTIONS, utilizing a Martin County Bid, with an award to Pierce Manufacturing, Inc., in the amount of $232,199 8. Approve the PURCHASE OF A NEW ALS TRANSPORT VEHICLE from Wh~eled Coach, Inc., in an Extension of Same Current Vehicle Specifications and Price, with Allowances: 1) Year 2000 Chassis Increase; 2) Trade-in for Veh. #835, bringing the total amount to $117,973 9. Approve CHANGE ORDER FOR ADDmONAL WORK TO BE DONE AND ADDED TO PO #992747 - SOUTHERN SEWER EQUIPMENT/SALES FOR REFURBISH 1989 - VACCON TRUCK, in the amount of $3,041.66 bringing the refurbish total to $12,768.62 10. Extend the bid for "CO-OP ANHYDROUS AMMONIA" for one additional year to Tanner Industries, Inc., in the amount of $81,416.40/City Utilities portion $6,000 11. Extend the "ANNUAL CONTRACT FOR MONTHLY PEST CONTROL SERVICES FOR VARIOUS CITY OF BOYNTON BEACH FACILITIES AND LOCATIONS" for an additional one-year period to Falk Pest Control, Inc., in the amount of $542/month ($6,504 annually) 4 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 12. Approve piggybacking existing bids for Walk-Up Convenience Copiers on State of Florida Contract No. 600-380-00-1, and Putnam County Contract No. RFP 97-2 for the purpose of providing Xerox copiers at various locations throughout the City C. Resolutions: 1. Proposed Resolution No. R99-162 Re: Approving a proposal from Camp Dresser & McKee Inc. (CDM) for stormwater contract services to assist the City in complying with the National Pollution Discharge Elimination System Stormwater Discharge Permit in an amount not to exceed $22,380 2. Proposed Resolution No. R99-163 Re: Approving a contract for Medical Services (City physical exams) with Medical Infusion Center, Inc. for City medical clinic Item IV-C.2 was removed from the Consent Agenda for discussion. 3. INTENTIONALLY LEFT BLANK 4. Proposed Resolution No. R99-164 Re: Confirming the appointment of Dan DeCarlo as Neighborhood Specialist for the Neighborhood Services Division of the Department of Development and authorizing the City Manager to execute an appointment contract on behalf of the City and adopting a revised Position Description D. Ratification of Planning & Development Board Action: 1. Eckerd Drugstore (Northwest corner Federal Highway & Boynton Beach Boulevard) - Request for relief from Land Development Regulations, Chapter 21, Signs, Article IV, Section 6 permitting one freestanding sign to allow a total of two (one at each entry) E. Approve the donation of bicycles to East Coast Migrant HeadStart Program and Boynton Community Forum Families and Friends Network Motion Commissioner Denahan moved to approve the Consent Agenda as amended. Vice Mayor Tillman seconded the motion that carried unanimously. CONSENT AGENDA ITEMS FOR DISCUSSION: IV-A.1. City Commission Workshop Meeting of November 23, 1999 5 ~ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ~ DECEMBER 21, 1999 Commissioner Weiland said that during the meeting, he had a question about the severance package that the City of Boynton Beach would offer to the new City Manager that will be hired. During the workshop, the Mayor said that would be handled during negotiations of the contract with that particular person. The Assistant City Attorney agreed that at that time, it would be open for negotiation. Commissioner Weiland feels the entire Commission needs to discuss the specifics of the severance package before it goes to negotiations. When Mayor Broening asked about the usual practice, Attorney Cherof said there is no set practice. All of the elements of the contract would be subject to negotiation. However, there are many times when employers/municipalities establish some provisions that are non- negotiable. The contract would have to be approved by the Commission. Mayor Broening asked if an Executive Session could be held to discuss this issue. Attorney Cherof responded negatively. This must be done in a public session. Commissioner Weiland said the salary range for the City Manager was discussed in the workshop meeting. The benefits are almost standard.. At a future date, the Commission needs to discuss the severance issue. Mayor Broening suggested reaching an easy conclusion by using a portion of a year's basic pay, or one year's basic pay. He is hopeful this issue could be handled in this manner rather than focussing on a specific dollar amount. Consensus There was a consensus of the Commission to handle this at a future date. Motion Commissioner Denahan moved to approve the minutes from November 23rd City Commission Workshop. Commissioner Weiland seconded the motion that carried unanimously. IV.C.2. Proposed Resolution No. R99-163 Re: Approving a contract for Medical Services (City physical exams) with Medical Infusion Center, Inc. for City medical clinic . Commissioner Weiland requested clarification of this item since he found the back-up material somewhat confusing. He referred to Item 3.3 of the Agreement where it states that the "City shall provide Consultant with the medical equipment specified in Exhibit "A" to be utilized solely in the performance of medical examination and testing of City employees." Exhibit "A" states a number of pieces of equipment. Commissioner Weiland questioned whether the City was providing this equipment. Fire Chief William Bingham said the clinic has a great deal of equipment, but there were a few items that were needed for the Police, Fire and City employees. The City purchased those items and we are loaning it to the clinic. 6 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Motion Commissioner Weiland moved to approve Item IV-C.2. Commissioner Denahan seconded the motion that carried unanimously. V. CITY MANAGER'S REPORT: Mr. Sugerman reported on the following: . The City accepted bid proposals for the construction of the Pond "B" project. Only one bid was received and was opened last week. A second bid was received late. The one official bid came in at $5.9 million with an engineer's estimate of $4.2 million. That bid was rejected because the City did not believe it is a $5.9 project. At the appropriate time, Mr. Sugerman would like to bring forward a formal action to get Pond "B" built. We have the following options: 1. We can award the $5.9 million bid since it is a solid bid. 2. We could rebid the project, but that is not a good option since we have certain deadlines. 3. We could break the bid apart and award just one of the component parts that would be the actual pond and the piping network to accommodate the stormwater run-off from the bridge. 4. We could look at Cjn option of design/build where the designer of the project builds it as well. Camp, Dresser & McKee, the consulting engineers, are the designers. Staff spoke with them about doing a design/build. This is known as CM At-Risk (Construction Manager At-Risk). Mr. Sugerman said Don Monksgard of Camp, Dresser & McKee was present in the audience to speak about this option. Mr. Sugerman advised that he was not requesting the Commission to take any formal action, but pointed out that we need to move forward with Pond "B" construction. Mayor Broening inquired what would authorize the Commission to "go outside of the box" to move forward with Option 4. Attorney Cherof advised that this issue needs to be an agenda item. It is a very expensive and important item and should not get onto the agenda through the City Manager's Report. When it becomes an agenda item, staff should be prepared to explain why we are at this point after two bid openings and two projections by the design consultant that have not come close to what the bids have been. Attorney Cherof recommended that this issue be rolled over to the next agenda. 7 ~ MEETING MINUTES ., REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Mr. Sugerman said he was attempting to determine whether or not the City Commission was interested in having a presentation on these options. He was looking for direction to do some things "outside the box/l. Mayor Broening agreed that this should be an agenda item. The Commission would be willing to discuss the four options mentioned and any others that might arise before this appears on the agenda. Consensus There was a consensus of the Commission that this item would appear on the January 4th agenda. · Mr. Sugerman advised that the City of Boynton Beach is selling, as a fundraiser, a once-in-a- lifetime Millennium Calendar at $10 each. · Mr. Sugerman wished everyone a happy, healthy and prosperous New Year. VI. PUBLIC AUDIENCE: David Fellows. 638 NE 9th Avenue. reminded the City Commissioners that on November 15th, the Mayor proclaimed December 5-11 to be Megan Keller Organ Donor Awareness Week. That week was intended to honor his granddaughter and draw attention to the issues surrounding organ donation. Mr. Fellows sadly announced the passing of Megan Keller on Friday, December 10th. Mr. Fellows spoke about the expenses associated with organ transplants and the fact that there are organizations and groups that will continue to raise the $120,000 to cover the transplant expenses. The University of Miami Organ Donor Program and the Children's Organ Transplant Association have been comforting. Mr. Fellows thanked the Boynton Beach Mall, Hank Ackermann, homeowners' associations throughout the City, Steve Waldman, the Boynton Beach Youth Council, the City Clerk's Office, Kathy Shabotynskyj, the Chamber's Board of Directors, the Education Committee of the Chamber of Commerce, many businesses throughout the City, Meg Hooper, the Atlantic High School Key Club, ABC Sign Emporium, Jordan Wrecker Service, Jo-Als Restaurant, the ground crew of the Boynton Beach Cemetery, Commissioner Denahan and Mayor Broening. Mr. Fellows acknowledged the coverage provided by Merle Augustin of the Sun-Sentine/and articles in The Pa/m.8each Post Mr. Fellows said he is proud to say he lives in Boynton Beach. Mike Friedland. 330 NE 26th Avenue. announced that Village Royale on the Green will present the Fire and Police Departments with checks for $1,000 each for the help they have offered over the years. Mr. Friedland wished everyone a very good year. Dee Zibelli commended the Paramedics that transported her mother to the hospital. They were very caring individuals. Bill Schmalz asked for an update on the issue of fluoridating the City's drinking water. 8 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Attorney Cherof advised that a workshop would be held on January 26th. He recommended that the public read the public notice that will be published explaining the public hearing procedure. Ed Tedtmann, 869 NW 8th Avenue, requested that the City consider an Ordinance that there be no building within 150' of active rail and there be some tree and shrub buffering considered as well. VII. PUBLIC HEARING: A. Project The Learning Depot - PreSchool Agent/Owner: Scott and Kathy Freeland Location: SW 3rd Street @ Woolbright Road Description: Request conditional use approval to construct a 4,623 square foot daycare center on 0.52 acres (POSTPONEMENT REQUIRED TO DECEMBER 28, 1999 PLANNING. & DEVELOPMENT BOARD MEETING TO CORRECT SCRIVENER ERROR IN LEGAL ADVER17SEMENT.) Attorney Cherof pointed out that the agenda indicated a postponement. Therefore, no motion was required. B. Project Name: Villa Del Sol Land Use Amendment/Rezoning/Comprehensive Plan Text Amendment Agent: Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc. Owner: Grove Partners Limited Location: Northwest corner of the intersection of Federal Highway (US 1) and Old Dixie Highway Description: Request to amend the Future Land Use Plan from Local Retail Commercial to Special High Density Residential (20 dwelling units/acre) and rezone from C-3 Community Commercial to R-3 High Density Residential Attorney Cherof administered the oath to all that would testify during the quasi-judicial proceedings. Bradlev Miller, Miller Land Plannina Consultants, is a Land Planner with certification from the American Institute of Certified Planners. His address is 298 Pineapple Grove Way in Delray Beach. Mr. Miller represented Grove Partners Limited, the owner and applicant of this 16-acre parcel. Mr. Miller explained that in 1989, when the City was considering modifications to the Comp Plan, this property was recommended for Special High Density Residential. The reason it remained as a commercial designation was that there was a site plan approval and approved construction plans for a shopping center. The shopping center never got off the ground and 9 .... MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA ,., DECEMBER 21, 1999 the property is vacant. The applicant would like to bring this property back to the Special High- Density Residential category that was recommended 10 years ago. In comparing the commercial designation to a multi-family designation, this application would allow up to 320 multi-family units in comparison to the commercial designation where over 200,000 square feet of commercial could be developed. With respect to impact, the following is important: 1. The trips generated between a commercial development and a multi-family project is a reduction of more than 6,000 trips per day. 2. In a commercial development, there are large truck deliveries, a mass paved parking area, lighting, and dumpsters. All of these items would be eliminated by the change to Special High-Density Residential category. 3. With respect to density, there would be 20 units per acre. This is not inconsistent with several projects throughout that corridor. There are legal non- conforming projects in the area that have as many as 40 units per acre. This project is consistent with the "Eastward Ho" movement. The Treasure Coast Regional Planning Council has pro'/ided a letter (.f support. This project is in the CRA and would benefit the area. It is consistent with the Comprehensive Plan and staff has been provided with a report that addresses all issues associated with this change. Mr. Miller advised that staff and the Planning & Development Board recommended approval of this project. If the City Commission approves this request, the application would be forwarded to the State Department of Community Affairs for their review. This application would return in the Spring and be readdressed through the public hearing process. Commissioner Denahan pointed out that Exhibit "G" in the backup was easy to readl but the map that corresponded with it was difficult to understand. She referred to a property with an existing density of 38.3 and questioned which property this was. Lusia Galav, Senior Planner, explained that this information appeared in the Comprehensive Plan. It did not name the particular developments. She further explained that not all of the properties mentioned are developed; however, they are approved for the densities listed. Commissioner Weiland asked what the height allowance would be for the category Special High Density Residential. Ms. Galav responded if this project were approved, the developer would be permitted to go to a maximum height of 100'. Mr. Miller explained that the condition in Exhibit "I" pertains to setbacks. The setback is further away from the property line as the height increases. This project would probably be in the range of 35' to 45' in height. Mr. Miller advised that this would be a site plan issue and would be addressed at that time. Mayor Pro Tem ~herman recalled that during the Planning & Development Board meeting a citizen talked about the greenways project. He asked Mr. Miller if he had an opportunity to 10 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 absorb that information. Mr. Miller advised that he provided the citizen with his business card, but he had not yet heard from him. Mr. Miller explained that he was in possession of a site plan, but that was not the issue on the agenda this evening. Mr. Miller said the applicant believes it is important to look at the railroad and determine how to buffer it. This will be done with the site plan. MAYOR BROENING ANNOUNCED THE PUBLIC HEARING. Robert Soence, 22 Colonial Club Drive, Section 2, complimented the excellent coordination between the application and presentation to the Planning & Development Board and staff. He said it is wonderful to have so many people come up with one parallel answer. He claimed that Section 2 of Colonial Club has 10.2 units per acre. He recommended that the Commission delay approval of this request if there are questions about it. He urged the Commission to remember that with a height of 100', there are fire, rescue and water considerations. Mr. Spence feels the project that is developed should be compatible to Colonial Club and the surrounding area. Rosemarie Gaglio, President of Los Mangos, presented a petition signed by the residents. Los Mangos is a small community of 188 units on 23 acres. The residents object to the rezoning of the property from Commercial to Special High Density Residential. Ownership communities are different from a high-density rental community. Ms. Gaglio noted that approximately 10 years ago, there was a shortage of rental apartments. This County is now flooded with them. The residents of Los Mangos do not agree that there is a need for luxury apartments in this location. Ms. Gaglio advised that Los Mangos has only one unit for sale in their community and they do not want the value of the property to decrease because of this type of development. They are fearful this project could turn into another Homing Inn. That property has had 11 pages of Police responses since August. Ed Tedtmann, 869 NW 8th Avenue, said that when this project was reviewed by the Planning & Development Board, there were a number of people who had concerns related to the authority and duty of the board to consider and recommend, after a determination of facts, that the applicant would not generate excessive traffic, provoke overcrowding or concentration of people, that the development would be in harmony with present and future developments of the area and encourage the most appropriate use of land. The board did not respond to the public and Mr. Tedtmann felt the people were left out of the process. The 20 units per acre came about because of the land price that the developer either paid for the property or was anticipating in terms of getting a commercial designation and developing a shopping center. Greed is involved. Burt Frehoof. Commercial Realtor reoresenting the orooertv owner, reported that in 2112 years of working on this particular property, he did not have one inquiry to develop it as commercial property. He has had a great deal of interest in developing multi-family and the incentive to build is that it must be large enough so that the economics of the project can support quality development, amenities and proper management. A market study was done and presented to staff and it substantiates that in coming years, the demand will exceed the 11 .., ~ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 supply. Mr. Frehopf said it is normal for a property management company to keep a "For Rent" sign on the property. One of the things that was always intended is to go for the zoning where the density would fit. Staff advised the applicant that a site plan can be developed concurrent with the process and when it goes for final public hearing, the applicant will address issues such as lighting, height, setbacks and landscaping. This project will not be a "Homing Inn" project. A developer does not build a $20 million project and not manage it properly. If it had to be developed as a small project, the property would remain vacant. The Winn-Dixie project never developed because of title ownership problems that took a long time to resolve. There has been no interest in developing condos on this site. The parcels that are available to the south and north are only a couple of acres in size. Sixteen acres or more are needed to develop this type of project. The applicant would commit to making a project that is not intrusive and is as compatible as possible while still being economically viable. He requested that the Commission allow the applicant to go forward with the application to the State and address the issues that have arisen. The applicant does not plan to have a 100' high building. At the present time, the applicant is considering a maximum of three stories. A site plan has been developed with one two-story building close to Federal Highway and the balance of the buildings would be three stories. A resident of 1 Colonial Club Drive said that at the Planning & Development Board meeting on December 14th, it was her impression that the voices of objection were not heard. Their main concern appeared to be that this development would increase the tax base for the City. She is concerned about two and three-bedroom apartments because children would be involved. In addition, it would involve an increase in traffic, maintenance and repair. It is difficult for the residents of Colonial Club to exit onto Federal Highway now. She urged the Commissioners to consider the residents who are already in place. A member of the audience approached the podium and said she attended the Planning & Development Board meeting and felt that the architect was part of the process. She felt the board members were too quick in making their decision. Donna Amato. 2813 SE 5th Circle. questioned why a developer would want to build this type of project next to the "Homing Inn" where there is prostitution and drug dealing. She is opposed to anything else coming in. She can't imagine anyone wanting to live next to the "Homing Inn". WITH NO ONE ELSE WISHING TO SPEAK ON THIS APPLICATION, MAYOR BROENING CLOSED THE PUBLIC HEARING. Mr. Miller reminded the Commissioners that Mr. Frehopf addressed the fact that the applicant will continue to work with the residents through the site plan process. Commissioner Denahan pointed out that the neighbors are concerned about urban blight. They are not opposed to development of the property. Commissioner Denahan said that in order for 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 her to support the project, she would have to feel comfortable that she is not promoting urban blight. She wants to ensure that she is protecting all of the residents of the City. Commissioner Denahan asked if the applicant would be amenable to a 200' wide strip adjacent to the FEe. It is felt that more greenspace would keep the buildings away from the railroad tracks and the housing stock would be more comfortable and would dissuade transients. Mr. Miller said he listened to this recommendation at the Planning & Development Board meeting and it is something the applicant must consider when the site plan is finalized. It would be to the developer's benefit to buffer the project from the railroad tracks. Mr. Frehopf pointed out that a 200' strip would take about 25% of the property and it would wind up being a 400' to 500' stretch that goes nowhere. Mr. Frehopf said he has heard that there are vagrants in the area and he feels the best thing to do would be to fence the property and develop the property to its fullest. That greenway would encourage intruders. The intent is to have an adequate setback from the railroad. This issue would be part of the site plan process. Commissioner Denahan reminded Mr. Frehopf that the Seacrest Scrub exists to the west of the property and it would be a linkage. Mr. Frehopf pointed out that the Seacrest Scrub is on the other side of the railroad tracks. Commissioner Denahan asked for clarification of the requirement for open space per apartment unit. Mr. Miller advised that this was a site plan issue. Mr. Miller was unsure of the requirement but was certain the requirement would far exceed the requirement for a commercial development. With regard to the 200' corridor and the concern about urban blight, Mr. Miller felt this would promote transients using .the area. He felt it would be better to plant it and buffer it properly and include the proper development regulations to control this problem. Commissioner Denahan recommended that this project be planted with native vegetation and buffered. Mr. Miller reminded Commissioner Denahan that this was also a site plan issue that would be considered during the process. He felt confident the applicant could accommodate the issue of native vegetation. Commissioner Weiland is in favor of residential versus commercial, but expressed concern with the wording of "Special High Density Residential". He also expressed concern about the buffering. He would like to see mature trees, not 8' to 10' trees and perhaps a buffer on the north end along the railroad tracks as well. Vice Mayor Tillman questioned whether language could be placed in the approval that the property would revert back if it is not used for what it was intended. Attorney Cherof responded negatively, but said the property owner could voluntarily provide a deed restriction. Mr. Miller pointed out that the 100' height that was mentioned earlier is extremely excessive for this type of project. Staff has recommended greater than normal setbacks than what is normal 13 .. ... MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 as building heights are increased. Within the buffer areas there will be native vegetation. The applicant would not be opposed to a condition being imposed on the site plan regarding the planting of mature vegetation. Mr. Frehopf advised that he is currently involved in contract terms, conditions and negotiations with the developer. There are five or six other people who are interested in this property if this particular developer does not move forward. Mayor Broening asked Hanna Matras about her comfort level relative to the market study. Ms. Matras said there is a demand for this type of project. She further advised that Boynton Beach has had a population increase of 3.5% that is much higher than expected. From a marketing standpoint, this project makes sense. Commissioner Weiland reported that he received phone calls, letters and a petition from residents requesting that the Commission table this item until the second meeting in January when more residents will be back in town after the holidays. With respect to the issue of buffering the railroad tracks, Commissioner Denahan pointed out that the recreation requirement per dwelling unit is 0.18 acres. For 320 units, this amounts to 5.76 acres. However, if certain amenities were included in the development, the amount of land would be cut down. Mr. Miller explained that it would be counted as open space and recreational amenities for the property . Commissioner Denahan said she wants to ensure success for this project and for our current and future residents. She would be willing to support the project if she could get title to the strip of land so that it will. remain undeveloped. Mr. Frehopf said there would be a three-acre lake in the m!ddle of the project. If the developer devotes the strip of land, they will have to cram all of the buildings together. While this application is at DCA, the site plan will be developed. If the Commission does not like it when it is presented, it will not be approved. He reminded the Commissioners that it is to the owner's benefit to come up with something that is well designed. This process will allow the developer to go forward with the application process. He recommended that the Commission approve the project subject to approval of the site plan. The applicant cannot get the project approved unless there is a site plan that matches the project. Attorney Cherof confirmed for Commissioner Weiland that the height limit was expanded to 100' in the Central Business District and portions of Quantum Park. Mayor Broening summarized that the vote this evening is to forward a request for rezoning to the DCA. At another hearing, the Commission would approve the rezoning. Ms. Galav explained that this approval is just for transmittal of the Land Use Plan Amendment. We are allowed to do this twice a year on a large scale. This Amendment will go forward with 14 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 the EAR based amendments. These two items must go forward together. The Commission is now considering two amendments for the same piece of property. One amendment is to the Future Land Use Map that would change it from Commercial to Special High Density Residential and the second amendment is to the support document section that was adopted with the Comprehensive Plan that relates to land use problems and opportunities and a table that goes with it. It is a text amendment. The Commission would vote separately on the map amendment and the text amendment. If the Commission agrees to transmit the amendment, it will go forward to the DCA with the EAR based amendments and be reviewed. After their review period, they will transmit objections, recommendations and comments and we will make the final revisions at that time. This amendment will come back to the Commission for adoption hearings. At that time, the rezoning will be presented. The Commission is not currently dealing with the rezoning. Ms. Galav explained that the City's Code requires the application for a Land Use Plan Amendment to be accompanied by a rezoning. The applicant must submit both, but they cannot be approved at the same time. Motion Vice Mayor Tillman moved to amend the Future Land Use Map from LRC to Special High Density Residential SH. Commissioner Weiland seconded the motion that carried unanimously. Motion Vice Mayor Tillman moved to approve the text amendment that will apply to Planning Area 1.P as described in Section VIII, Land Use Problems and Opportunities of the Future Land Use Element Support Document, Pages 89 and 90. Section A was approved and adopted by the plan in Policy 1.17.3 of the Future Land Use Element. Commissioner Weiland seconded the motion that carried unanimously. MAYOR BROENING DECLARED A BRIEF RECESS AT 8:25 P.M. THE MEETING RECONVENED AT 8:35 P.M. Description: BAPS Temple Jay Patel SAPS Development, Inc. SE 18th Avenue, north of SE 23rd Avenue, east of the FEC Railroad tracks and west of Federal Highway Request conditional use approval for the construction of a temple facility including ancillary education and youth recreation accommodations to be built in two phases with a total building area of 31,570 square feet on 3.97 acres c. Project Name: Applicant/Agent: Owner: Location: Attorney Cherof administered the oath to all that would testify during this quasi-judicial proceeding. 15 ..., ....,. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Ms. Galav advised that this is a conditional use and site plan for a temple to be constructed in split zoning. The zoning of the property is R-3 and C-3. When the applicant brought the proposal to staff, the site plan was different and the building was located on the R-3 portion of the parcel. Both R-3 and C-3 allow construction of a church; however, R-3 allows it by conditional use. Staff agreed to process the application as a conditional use. The site plan changed through the TRC process and the structure is now totally on C-3 property. Only the parking lot is now located on the R-3 portion of the parcel. There are conditions that are going forward with the application and the applicant has agreed to those conditions. Ms. Galav said the applicant was ready to address issues that were raised at the eRA meeting. Jav Patel. Project ManaQer, is a Professional Engineer. The applicant is presenting Phase I of the project that is an 8,000 square foot building. At a later date, the applicant will add 20,000 square feet depending on the community's response. At the present time, the church serves 30 families. In response to Mayor Pro Tem Sherman, Ms. Galav advised that staff received a response from Palm Beach County on the regular traffic study that had to be submitted to them. They have required some additional information. The applicant has prepared that information and will be working with Palm Beach County to gain their approval. The applicant distributed information on the anticipated generation of traffic based on an ITE rate. The applicant has also spoken with the Boynton Beach Police Department relative to the issue that was raised at the CRA regarding contracting an off-duty Police Officer to assist with directing traffic when services conclude. Mr. Patel confirmed that he spoke with Lt. Ron Esposito who advised that an off-duty officer could be contracted to direct traffic. On special occasions, the temple will contract with the Police Department for this service. The congregation meets once a week on Sunday between 4:00 and 6:00 p.m. Most of the surrounding properties are closed during that time. Commissioner Denahan asked if the applicant was willing to include a stipulation to include a contract to use the Boynton Beach Police Department every time a service is held. Mr. Patel responded negatively, but said they would provide this service on special occasions when large crowds are expected. Commissioner Denahan pointed out that the applicant is anticipating expanding the church in the future. Mr. Patel said that the applicant would comply with a directive from the Police Department if it were deemed necessary. Commissioner Denahan said she would like a stipulation included in the conditions of approval stating that the applicant would ensure this service. She is concerned about the property rights of property owners on 20th Street and 18th Street. Mr. Patel said the applicant is willing to work with the neighborhood and if there is a need for the service, they will provide it. 16 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Vice Mayor Tillman was of the opinion that the Commission could not tie in a stipulation that may not be in the development rights. Although it is important to deal with the issue of traffic growth, the entire area needs to be reviewed. This should be addressed with the influx of people and as traffic increase. In response to Mayor Broening, Matt Immler, Assistant Police Chief advised that the Officers who are on patrol monitor all traffic patterns. Through investigation and monitoring, if the Police Department determines the problem is ongoing, they would meet with the property owner and make the suggestion regarding hiring off-duty Officers. Attorney Cherof advised that the kinds of conditions of approval the Commissioners should be making are related to zoning - not operational issues. He would not support attaching that type of condition. Motion Vice Mayor Tillman moved approval. Commissioner Weiland seconded the motion that carried unanimously. D. Project Name: Agent: Owner: Location: Description: KEN MONT Diane Hileman, Esquire Mr. Oris W. Walker 707 NW 3rd Street Request for abandonment of that alley segment that abuts 707 NW 3rd Street Mr. Sugerman said he spoke with the attorney representing the agent and he requested tabling this item until the January 18th City Commission meeting. Motion Commissioner Denahan moved to table the request for abandonment of the alley for 707 NW 3rd Street until the January 18, 2000 meeting. Commissioner Weiland seconded the motion that carried unanimously. E. Project Name: COMPREHENSIVE PLAN - EAR-BASED AMENDMENT (excluding School Siting & Intergovernmental Coordination) Agent: City of Boynton Beach Description: Request to transmit the Evaluation and Appraisal Report (EAR)-based amendments to the Comprehensive Plan as required to update the goals, objectives and policies, and Future Land Use map in accordance with State law, the Evaluation and Appraisal Report, and City direction 17 ~ ~ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Ms. Galav advised that the Commissioners could approve this request; however, the consultants were not present because the Planning & Development Board asked for additional time to review the amendments. Motion Commissioner Weiland moved to approve. Vice Mayor Tillman seconded the motion that carried unanimously. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Approve Special Event Permit for Calvary Chapel "Renewal 2000" event on February 24-27, 2000 subject to tent inspections by City officials Joseph Massev. Chairman. said this is a religious event of area churches. Five or six churches will get together at the end of February in the evening and possibly on Sunday at the noon service. All ethnic backgrounds will be included. Motion Vice Mayor Tillman moved approval. Commissioner Denahan seconded the motion that carried unanimously. XI. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 099-34 Re: Amending Chapter 2 Zoning, Land Development Regulations; by creating a new Section 11 (A), Newsrack Regulations within the Central Business District and the Community Redevelopment Area Attorney Cherof read Proposed Ordinance No. 099-34 by title only. MAYOR BROENING ANNOUNCED THE PUBUC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS ORDINANCE. 18 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-34. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 099-36 Re: Vacant property consisting of 5.89 acres of land (Lowe's Home Center); amending Ordinance 89-38 of said City by amending the Future Land Use Element of the Comprehensive Plan of the City by adopting the proper land use of certain property from Industrial to Local Retail COllmercial Attorney Cherof read Proposed Ordinance No. 099-36 by title only. Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-36. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 2. Proposed Ordinance No. 099-37 Re: Regarding the application of Richard Basehart of Basehart Consulting, Inc., Agent for Woolbright Partners, Inc., (a 5.89 acre parcel at the southwest corner of 1-95 and Woolbright Road, approximately 390 feet south of Woolbright Road) amending Ordinance 91-70 by rezoning a certain tract of land from Planned Industrial Development District (PID) to C-3 (Community Commercial) Attorney Cherof read Proposed Ordinance No. 099-37 by title only. Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-37. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 099-38 Re: Amending Chapter 2 Zoning, Land Development Regulation Section 6 (E)(l); providing that all applications for conditional uses located within the Central Business District and the Community Redevelopment Area shall be considered and reviewed by the Planning and Development Board; providing that each and every other section of Chapter 2 not specifically amended shall remain in full force and effect Attorney Cherof read Proposed Ordinance No. 099-38 by title only. 19 ~ ~ MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21,1999 Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-38. Commissioner Weiland seconded the motion. Commissioner Denahan said she previously suggested that this automatically be sent to the Commission once the CRA membership changes. She believes that will happen anyway, but the wording should have been included. City Clerk Sue Kruse polled the vote. The vote was unanimous. C. Resolutions: 1. Proposed Resolution No. R99-165 Re: Ratifying the 1998- 2000 collective bargaining agreement between the City of Boynton Beach and the Police Lieutenants Fraternal Order of Police Attorney Cherof read Proposed Resolution No. R99-165 by title only. Motion Vice Mayor Tillman moved to approve Proposed Resolution No. R99-165. Commissioner Weiland seconded the motion that carried unanimously. 2. INTENTIONALLY LEFT BLANK 3. INTENTIONALLY LEFT BLANK 4. Proposed Resolution No. R99-166 Re: Authorizing the Mayor and City Clerk to execute a contract for purchase and sale of real property between the City of Boynton Beach and the Town of Ocean Ridge Attorney Cherof read Proposed Resolution No. R99-166 by title only. This involves the sale of real property between the Town of Ocean Ridge and the City of Boynton Beach. In the contract there are exhibits that refer to the legal description. We have not yet received the legal description or surveys supporting it. He requested that the approval be conditioned upon City Attorney's review of those documents. There are also a few other minor points in the language of the contract. The motion should be subject to those also. Dee Zibelli, 440 Ocean Parkway, expressed concerns about the sale of this property and the need for additional beach parking. (A copy of Ms. Zibelli's remarks is attached to the original set of these minutes on file in the City Clerk's Office.) 20 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Ed Tedtmann spoke on behalf of his wife who could not be present. He said his wife had the same concerns as Ms. Zibelli. He pointed out that parking is at a premium at Gulfstream Beach and the same thing will happen at Boynton Beach. Motion Commissioner Denahan moved to approve Proposed Resolution No. R99-166. Vice Mayor Tillman seconded the motion that carried unanimously. 5. Proposed Resolution No. R99-167 Re: Authorizing and directing the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton Beach and the Town of Ocean Ridge providing for cooperation between the parties concerning the use of the Boynton Beach Oceanfront Park and the parking facilities at the Ocean Ridge Town Hall Attorney Cherof read Proposed Resolution No. R99-167 by title only. Motion Vice Mayor Tillman moved to approve Proposed Resolution No. R99-167. Commissioner Weiland seconded the motion that carried unanimously. ~ Commissioner Weiland announced that when the Commission addressed Public Hearing Item E, he was under the impression that he was making a motion. to postpone the item until the December 28th meeting. Attorney Cherof explained that he could move to reconsider the item since he was on the prevailing side. There was agreement among the Commissioners that the item would be readdressed at the end of the meeting. D. Other: 1. Ratification of Code Compliance Board action: a. Reduce the fine in Case #98-2166 (2015 S. Federal Highway) from $8,350 plus $634.12 in administrative costs to $634.12 The Commission 2:knowledged the request to table this item. 21 ~ '-" MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Motion Commissioner Denahan moved to table to the January 4th meeting. Mayor Pro Tem Sherman seconded the motion that carried unanimously. b. Rescind the fine in Case #98-1387 (2300 NW 1st Street). The original fine totaled $9,650 plus $730.15 in administrative costs. Scott Blasie, Code Compliance Administrator, reported the board voted 6-1 to rescind this lien in total based on the fact that this is an owner-occupied residence where the owner is attempting to refinance his mortgage. The property is in compliance. Motion Vice Mayor 1illman moved approval of the Code Compliance Board action. Commissioner Denahan seconded the motion that carried unanimously. 2. Accept the agreed upon settlement with plaintiff in the amount of $45,000 in the case Warren D. Evans v. City of Boynton Beach Motion Vice Mayor 1illman moved approval. Commissioner Weiland seconded the motion that carried unanimously. XII. UNFINISHED BUSINESS: A. Carsrud - Southwest corner of NE 7th Street and NE 8th Avenue - Request relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum side (corner lot) setback of 25 feet, to allow a 10 foot side setback variance, or a side setback of 15 feet to construct a single- family dwelling (TABLED ON 12/7) Motion Vice Mayor 1illman moved to remove this item from the table. Commissioner Weiland seconded the motion that carried unanimously. Mr. Carsrud said the soil test was done and he has learned that a piling will have to be used. If he is required to build a two-story residence, a hardship will be created because he would have to change the piling system. The piling he was planning to use would cost between $8,000 and $10,000. The two-story structure would require a piling system that would cost approximately $14,000. 22 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 In addition, Mrs. Carsrud has a disability from an accident and has lost 30% to 35% of the use of her left ankle. Mr. Carsrud is planning to retire in 19 months and will have hip replacement surgery. He would not be able to climb stairs. Mr. Carsrud said that at the last meeting there was a statement made that most corner lots have setbacks. He said he is in a residential area and has looked at other residential areas. Many of the houses do not have side setbacks. He said he would understand the requirement if he was on a high-traffic corner lot. In response to Commissioner Denahan, Attorney Cherof confirmed that financial issues do not constitute a hardship. Variances must relate to a unique configuration of the land that makes it impossible to develop. Although Commissioner Denahan would like to see the property developed, she pointed out that Mr. Carsrud did not justify a hardship. Attorney Cherof explained that although this may not be appropriate for a variance, there may be properties around this part of Boynton Beach that may warrant a review from a Code point of view. He suggested that the Commission look at them all together so that variances are not required, but the properties would be more developable than they are in their current status. Mayor Broening said this is a long-term objective of his. Rather than have a Code that says "one size fits all", there should be a Code that recognizes the difference between communities and where there are preexisting, presently non-conforming issues, if they match the neighborhood, our variance procedure should address that. We do not have that now, but we should. This is an issue that must go on the front burner and be addressed in a sensible way. Motion Vice Mayor Tillman moved to deny the request for relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum side (corner lot) setback of 25 feet, to allow a 10-foot side setback variance, or a side setback of 15 feet to construct a single-family dwelling. Commissioner Denahan seconded the motion that carried 4-1. (Mayor Broening dissented.) B. Carsrud - Southwest corner of NE 7th Street and NE sth Avenue - Request relief from Chapter 2, Zoning, Section 5(D)(2)(a) requiring a minimum rear setback of 25 feet, to allow a 10 foot rear setback variance, or a rear setback of 15 feet to construct a Single-family dwelling (TABLED ON 12/7) Motion Vice Mayor Tillman moved to remove this item from the table. Commissioner Denahan seconded the motion that carried unanimously. Mayor Broening announced that the Planning & Development Board approved this request. 23 ~ .., MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Motion Commissioner Weiland moved to approve Item XII-B. Vice Mayor Tillman seconded the motion that carried 4-1. (Commissioner Denahan dissented.) Commissioner Denahan pointed out that Mr. Carsrud did not prove that a hardship exists. Attorney Cherof agreed that the same standard applied to this hardship that applied to the previous case. Commissioner Weiland withdrew his motion and Vice Mayor Tillman withdrew his second. Motion Commissioner Denahan moved to deny. Vice Mayor Tillman seconded the motion that carried 4-1. (Mayor Broening dissented.) C. Review and Consideration of the pre-application(s) received, for submittal to Palm Beach County, Department of Economic Development, under the Round III Core Grant Program (TABLED AT NOVEMBER 16" MEETING) Mr. Sugerman reported that Investments Ltd. provided some of the required information, but not all of it. Mr. Sugerman recommended that since the agenda submittal deadline for the January 4th meeting is tomorrow, this item should remain on the table until the meeting scheduled for January 18th. With respect to Scully's Market, Mr. Sugerman reminded the Commissioners that Mr. Scully submitted something to the City Manager's Office that contemplated withdrawal of his request. Mr. Sugerman recommended tabling this request to the January 18th meeting. D. Issue paper concerning Negotiations about Intracoastal/Boat Club Parks Mayor Broening explained that staff provided an issue paper that outlined strategies and objectives. Commissioner Weiland said it would be necessary to determine whether this area would be a park or a mixed-use development. Mayor Broening felt the issue at hand was an extension of time for the grant. He felt that the primary issue concerning the County relates to boat trailers and tow vehicles parked on Federal Highway. One of the original solutions was to include 27 of those trailers and pickup trucks on the first part of the 10 acres. Mayor Broening said this would pose operational and aesthetic problems regardless of the use that is selected for the 10 acres. It would be ludicrous for a 24 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 boater to put his/her boat in the water, drive 114 of a mile to park and then walk back to the boat while it sits in the water. Mayor Broening agreed that the trailers need to be removed from Federal Highway. Staff has proposed some solutions for this problem with clever designs for additional places within the existing Boat Club Park and the possibility of closely adjacent property that could accept the additional overflow. Commissioner Denahan noted that the Commission needed to designate primary and secondary representatives. Vice Mayor Tillman and Commissioner Weiland were nominated to represent the City during these negotiations. In an attempt to achieve consistency, Commissioner Denahan suggested that Commissioner Weiland be designated as the primary representative in the event the negotiations continue on past the expiration of Vice Mayor Tillman's term. Vice Mayor Tillman did not anticipate that the negotiations would continue on past his term limit. He pointed out that he has a long-term background on the issue. It is his opinion that these negotiations would involve maintenance of the grant and the issues associated with. it. Resolution of this issue should have occurred more than a month ago. Therefore, this issue will not lay on the table. Mayor Broening advised that two of the County Commissioners have already indicated that they are anxious to resolve this issue quickly. The original deadline for this grant is March. Mayor Pro Tem Sherman was of the opinion that since Vice Mayor Tillman was involved in the Ocean Ridge negotiations, Commissioner Weiland should be the primary representative as a matter of equal distribution. Commissioner Weiland advised that he has a very flexible schedule and would be able to meet with County representatives at their convenience. Vice Mayor Tillman said scheduling would not be a problem for him. He felt it was important to have the knowledge and understanding of what was going on. Vice Mayor Tillman expressed his opinion that the representative should be the person who has had the full range of the Commission and he is that person. Vice Mayor Tillman said he should not be left out of these negotiations. Commissioner Denahan said she is concerned that the negotiations will be drawn out and she wants to see consistency. In addition, she recommended that Items 5 and 6 be deleted because the use of decals is a City of Boynton Beach issue that must be discussed by the City Commission. Vice Mayor Tillman agreed with Commissioner Denahan. Commissioner Denahan further recommended that Item 8 be deleted because it should not be a consideration at this point. She felt the focus must be on renegotiating how the City can get the grant money and make it a "win-win" situation. The City should not consider not getting the money. Mayor Pro Tern Sherman thought it might be wise to include Item 8 in case the negotiations do not go as well as we would like them to go. 25 ..., '-' MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Vice Mayor Tillman pointed out that this document was a position paper. As the negotiator, he would not explain where the City was on this because it would limit his ability to negotiate. When Commissioner Denahan expressed concern about the Commissioners knowing what would be negotiated, Vice Mayor Tillman explained that following the discussions, the representative would return to the Commission to discuss the issues. Commissioner Denahan felt it was the Commissioners' responsibilities to set parameters. She said she would not consider Items 5, 6 or 8 as the parameters. Mayor Broening questioned whether it would be possible to point out during the negotiations that the Commissioners are anxious to find a home for the boat trailers and tow vehicles, but not on the 10 acres. He felt everything else would be open to discussion. Commissioner Denahan reiterated that Items 1, 2, 3, 4 and 7 should be parameters for the discussion. Commissioner Weiland agreed with Mayor Broening that it is necessary to find a different home for the additional parking spaces regardless of the eventual use of the 10 acres. We should negotiate putting that parking in a different location. Commissioner Weiland inquired about the language involved when the County offered the money for the parking spaces. He questioned whether it was for any use or for a lO-acre park and whether the County would withdraw the money if the parcel were not developed as a park. Attorney Cherof said he was unsure whether the agreement reflected that intent. He offered to research this issue. The intent was for the County to expend money to receive in return their waterfront park capabilities. John Wildner, Parks Superintendent, advised that the County approached City staff early on in the discussions to express their concern for additional boat trailer parking. They brainstormed with staff to determine how to accomplish additional boat trailer access to the Intracoastal Waterway. The first interest was in providing ramps. When it was discovered that Johnson Grass existed in the Intracoastal Waterway, the focus moved to providing additional parking. They began with a request for 75 additional boat trailer spaces to address the problems that occurred on Federal Highway on weekends. It was decided that 20-25 spaces would be placed on the Intracoastal Park site. It was City staff's position to try to find funding' for a passive park. It became a marriage of the County's desire to provide additional access for boat use and the City's desire to fund a passive park. In response to Mayor Broening, Mr. Wildner stated that the City has not received any money from the County since Boat Club Park opened. Mr. Sugerman asked Mr. Wildner if the $1.875 million was done by an Interlocal Agreement. Mr. Wildner responded affirmatively. Mr. Sugerman questioned whether or not there is language in the lnterlocal Agreement that specifically stipulates what the County expects in return for that money. 26 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Mr. Wildner said one of the sections of the Interlocal Agreement stipulates that the City agrees that at a minimum, it would design and construct 75 additional boat trailer parking spaces to serve the boat ramps at Boat Club Park. It is the intent of this agreement to maximize the number of boat trailer parking spaces at Boat Club Park. A minimum of 50 spaces shall be constructed at Boat Club Park. The remaining balance of the 75 spaces shall be placed at Intracoastal Watervvay Park to be used as overflow parking. for Boat Club Park. Vice Mayor Tillman realized that the basis of the Agree.ment was that the County wanted more trailer parking. Mr. Wildner said that was probably true. However, he pointed out that the City "married" its desire to have a passive park with the County's desire for additional access. In order to get the County to fund the construction of a passive park, the City agreed to construct 75 additional parking spaces. The County might consider relocating 25 of those spaces at a nearby site. Vice Mayor Tillman said the issue of the passive park was included to appease the people at Watersedge. The word "passive" was used to gain the residents' consent. Vice Mayor Tillman said the word "park" wasn't used per se to say we were going to build a park. The passive park was used because we were trying to please the people at Watersedge so that they would not go against what we were planning to do in that location. Mr. Wildner pointed out that there was a master plan. It was definitely a park and there was no question that it would be anything else. Commissioner Weiland does not feel there is a question about the County giving us the $750,000 for the 50 spaces at Boat Club Park. However, the City wants to use the $1.8 million to construct the park. In order to get that money, we must give the County the additional parking spaces. The location could be negotiated and perhaps the City could purchase a parcel for that parking. Mr. Wildner advised that from his discussions with staff, it is his opinion that this would be "doable". Mayor Broening agreed. Commissioner Denahan felt that Items 1, 2, 3, 4 and 7 were interrelated. Mike Fitzoatrick pointed out that when this item was raised at a Recreation & Parks Board meeting, one of the considerations was the length of the agreement and the length of time the City would be required to provide parking. Commissioner Denahan said Boat Club Park would be in perpetuity and the 10-acre site would be for 30 years. Ed Tedtmann reminded the Commissioners that Boat Club Park provided a limited number of slips and parking spaces. When there is an overabundance of users, fist fights break out. The County is responding to political pressure to bring in more boat traffic. Mr. Tedtmann suggested that the city erect "No Parking" signs along the area. 27 ... .., MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 Motion Vice Mayor Tillman moved to approve Items 1, 2, 3, 4 and 7 as the core of what we intend to do. Commissioner Denahan seconded the motion that carried 5-0. Motion Commissioner Denahan moved that Commissioner Weiland be the primary representative with the designated Vice Mayor Tillman as the secondary representative. Commissioner Sherman seconded the motion that carried unanimously. XIII. OTHER: A. Reconsideration of Item VII-E. COMPREHENSIVE PLAN - EAR-BASED AMENDMENT (excluding School Siting & Intergovernmental Coordination) Commissioner Weiland said he misunderstood what the City Attorney stated and he would like to reconsider removing his motion and move to postpone this until the December 28th meeting. Motion Commissioner Denahan moved to reconsider Item VII-E. Mayor Pro Tem Sherman seconded the motion that carried unanimously. Attorney Cheraf advised that the Commission could move forward with transmitting the amendments or table the. item so that the Planning & Development Board could provide further input to staff. Ms. Galav added that if the Commission were to table this item, it would be tabled to the next City Commission meeting scheduled for January 4th. The Planning & Development Board will hear this item at their meeting on December 28th. Mr. Sugerman advised the Commission that they could transmit the document and this would place it in the DCA pipeline. The Planning & Development Board and City Commission could still review, research, modify and amend while it is in the DCA pipeline. Commissioner Weiland asked for an explanation of the repercussions of not moving forward with it at this time. Ms. Galav advised that the amendment on Villa Del Sol and the EAR amendments must be submitted together. If the EAR amendments were postponed, the transmittal of the Villa Del Sol amendment would also be postponed. These items must be transmitted together as a package. Commissioner Denahan asked about the benefit of delaying the transmittal. Ms. Galav advised that the Planning & Development Board requested more time to review the amendments. If 28 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA DECEMBER 21, 1999 the Commission votes to transmit the amendments, we still have the option of reviewing and submitting changes. Once we receive the review from DCA, we must respond to their comments. Motion Commissioner Weiland moved to transmit the EAR Report as approved and it is subject to further amendment after the Planning and Development Board has reviewed it. Mayor Pro Tem Sherman seconded the motion that carried unanimously. XIV. ADJOURNMENT: There being no further business to come before the City Commission, the meeting properly adjourned at 9:50 p.m. CITY OF BOYNTON BEACH Mayor Vice Mayor A TrEST Mayor Pro Tem City Clerk Commissioner Commissioner 12/23/1999 11:25 AM 29 ... ~ CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING MINUTES 12/14/99 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 (c) The Boynton Commerce Center master plan, which is also connected to the Lowe's project, was approved. (d) The High Ridge Properties site plan was approved. (e) The Lowe's Home Center conditional use application was approved. (f) The Foster Oil project was approved. Mr. Rumpf concluded his report. Vice Chair Dubs requested Mr. Rumpf supply him with a new LOR Book. 6. OLD BUSINESS None 7. NEW BUSINESS A. Conditional Use 1. Project Name: Agent/Owner Location: Description: The Learning Oepot Pre-School Scott and Kathy Freeland SW 3rd Street at Woolbright Road Request conditional use approval '-_ "....._If"'+... ."'+ '" A C::,)'J: ~"'II~ro. fl"'\l""\t , D, evt. MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 14,1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dubs, Vice Chair Pat Frazier Mike Friedland Woodrow Hay Steve Myott Larry Finkelstein, Voting Alternate Michael Rumpf, Director of Planning & Zoning Mike Cirullo, Assistant City Attorney Hanna Matras, Economic Research Analyst Nancy Byrne, Acting Director of Development Lusia Galav, Senior Planner ABSENT Maurice Rosenstock 1. Pledge Of Allegiance Chairman Wische called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board Members, Assistant City Attorney, Mike Cirullo, Mike Rumpf, Director of Planning and Zoning, Hanna Matras, Economic Research Analyst, Nancy Byrne, Acting Director of Development, Lusia Galav, Senior Planner and the Recording Secretary. Chairman Wische also introduced Mayor and Mrs. Jerry Broening and Jamie Titcomb, former City Commissioner, who were in the audience. Chairman Wische called attention to the large audience that was present tonight and noted that most were here to speak on the Villa Del Sol Project. Chairman MEETING MINUTES PLANNING & DEVE~PMENT BOARD BOYNTON BEACH, FLORIDA ~ December 14, 1999 Chairman Wische requested that the applicant take the podium. Attorney Bonnie Miskel, 222 Lakeview Avenue, West Palm Beach, Florida stated she was present tonight on behalf of the petitioner. Chairman Wische asked if staff had any comments and there were none. Chairman Wische asked if any Board member had any comments? Mr. Finkelstein said he looked at the Lucerne and Dixie Highway, Lake Worth store that has two signs at each entry. However, those signs are significantly smaller than what the applicant is requesting tonight. Mr. Finkelstein noted the applicant was requesting a 6' x 9' sign and the Lake Worth store signs are only 5' x 4'. Mr. Finkelstein was of the opinion that the large signs being requested might be out of character for the location. Mr. Finkelstein asked if the applicant would be amenable to reducing the size of the signs. Attorney Miskel said they did not represent the developers 011- the Lake Worth project, but she did attend the Lake Worth meeting when the project was approved and the signage was limited by their code. Therefore, they had to comply with the Lake Worth code. Ms. Miskel pointed out that although they are asking for two signs, the size of the signs is under the maximum allowable height, which is 80 square feet. The size of the applicant's sign is 66 square feet. Ms. Miskel said she would discuss this with her client if the sign could be minimized to a certain degree, but this is the signage that Eckerd has currently approved. Mr. Finkelstein said that the Eckerd Delray Beach site had no signs whatsoever, except for what is on the building. Ms. Miskel informed the Board that at the City Commission meeting when the project was approved, the City Commission agreed that if this was not approved, the applicant would be permitted to have the signage on the gazebo. However, the applicant would prefer to go with the two signs as opposed to the gazebo. Ms. Miskel said that this signage has been approved and if the Board requires a change in the size of the form itself, it would require a copy change and Ms. Miskel was not sure that Eckerd would approve this. Mr. Finkelstein requested that Ms. Miskel respond to his comment regarding the Delray Beach site and she said when Eckerd looks at each site, there are a number of factors they consider. Some sites are probably a higher interest level than other sites based on demographics, location and other factors. Ms. Miskel said it is difficult to compare sites and it depends upon how motivated Eckerd is to take a particular site. 4 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the November 23, 1999 Planning and Development Board meeting agenda items. Mr. Rumpf reported on the following City Commission action that was taken at the December 7,1999 meeting on items reviewed by the Board. (a) The Lowe's items were all approved, except for one, as follows: . Variance for the number of signs was approved. . Variance for the number of driveways was approved. . \h1r'i~n~A fnr' c::inn hAinht w~c:: withrtr'~wn Th~ ~jnn MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14,1999 Chairman Wische asked Ms. Miskel if there is an average size for the Eckerd signs? Mr. Mark Wallace, 2665 South Bay Shore Drive, Miami, Florida took the podium and said he was with the developer of the project. Mr. Wallace said the typical signage for Eckerd is larger than what is being proposed for this project and is pole mounted and is typically 25' to the top of the sign. In addition the sign would have a reader board for messages. The total signage would be in excess of 48 square feet. Mr. Myatt said that the signs fall well within the definition of a monument sign. Mr. Finkelstein asked why the street address was on one side only and said the signs would be facing the side streets. Attorney Miskel did not know why the signs were done in this manner and thought it should be on both sides of the sign. Mr. Myott asked if there was any landscape proposed for the bottom of the signs and Ms. Miskel stated that the applicant is required by code to have landscaping. Mr. Rumpf stated that staff has achieved considerable landscapingi. particularly at the entranceways and even though the sign is 6' in height, only about 4~' would be visible, because of the landscaping. Mr. Friedland felt that because the location is on a corner, two signs would not be unusual. Chairman Wische announced the public hearing. There was no one who wished to speak on the application and Chairman Wische closed the public hearing. Motion Mr. Friedland moved to approve the request for relief from Land Development Regulations, Chapter 21, Signs, Article IV, Section 6 permitting one freestanding sign to allow a total of two 6' x 9' signs (one at each entry) for Eckerd Drugstore at the northwest corner of Federal Highway and Boynton Beach Boulevard, subject to all staff comments. Motion seconded by Vice Chair Dube. Motion carried 7-0. Attorney Cirullo pointed out that the City Commission would make the final decision at the City Commission meeting. Chairman Wische stated that this Board only makes recommendations and the City Commission makes the final decision. Abandonment 3. Project Name: Agent: Kenmont Diana Hileman, Esquire 5 MEETING MINUTEs.., PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA -- December 14, 1999 Owner: Location: Description: Mr. Oris W. Walker 707 NW 3rd Street Request for abandonment of that alley segment that abuts 707 NW 3rd Street. Chairman Wische noted that there was only one staff comment and staff is requesting denial. Attorney Diana Hileman, 1200 South Federal Highway, Suite 1-201, Boynton Beach, Florida took the podium and stated she was present on behalf of Mr. Oris Walker. Attorney Hileman said that she just received the comments this morning and noted that the Utilities Department is requesting denial of the abandonment. Also, Florida Power and Light has an easement, but would be satisfied if the owner granted them an easement back over the abandoned property. They would have no problem with that. Ms. Hileman said that they would suggest the same thing for the Utilities Department. She stated that Mr. Walker has no plans to place a fence on the property or landscape it, and they would be amenable to having some type of language in the document to that effect. Mr. Rumpf said he could only convey the concerns of the Utilities Department. Even though the abandonment of the alleyway allows for better maintenance of the alley, the City doesn't have the ability and money to maintain all the alleyways. Also, it is difficult to monitor the alleyways until a utility truck needs to get into the area, only to discover there is no access. Even though the Utilities Department has accepted hold harmless documents, it is more of a maintenance problem and defeats the purpose of abandonment if the property cannot be accessed. Vice Chair Dube asked why the applicant wanted the alley abandoned. Attorney Hileman stated that the applicant wants to expand his yard, although he does not plan to landscape it or fence it in. However, there have been vehicles parked right up onto the back of his property. Attorney Hileman said if the applicant had ownership rights, he could take more direct action to stop this. Vice Chair Dube noted that when the 20' alley is abandoned, Mr. Walker would only get 10'. The other owner gets the other 10'. Vice Chair Dube said the Board doesn't know what the other owner wants to do and there is a gravity sewer line which cannot be covered up. Also, Vice Chair Dube noted that Comcast Cable . ,was requesting a 10' easement through the alley with their line in the center of the 10' easement. Attorney Hileman said they would grant an easement back to Comcast Cable to enter upon the property. Mr. Hay asked what the harm would be if landscaping were extended in order to discourage vehicles from parking in the alley? Mr. Rumpf said that the Utilities 6 CITY OF BOYNTON BEACH PLANNING AND DEVELOPMENT BOARD MEETING MINUTES 12/14/99 ~ .."", MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, TUESDAY, DECEMBER 14,1999 AT 7:00 P.M. PRESENT Lee Wische, Chairman J. Stanley Dube, Vice Chair Pat Frazier Mike Friedland Woodrow Hay Steve Myott Larry Finkelstein, Voting Alternate ABSENT Maurice Rosenstock 1. Pledge Of Allegiance Michael Rumpf, Director of Planning & Zoning Mike Cirullo, Assistant City Attorney Hanna Matras, Economic Research Analyst Nancy Byrne, Acting Director of Development Lusia Galav, Senior Planner Chairman Wische called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance to the Flag. 2. Introduction of the Board Members Chairman Wische introduced the Board Members, Assistant City Attorney, Mike Cirullo, Mike Rumpf, Director of Planning and Zoning, Hanna Matras, Economic Research Analyst, Nancy Byrne, Acting Director of Development, Lusia Galav, Senior Planner and the Recording Secretary. Chairman Wische also introduced Mayor and Mrs. Jerry Broening and Jamie Titcomb, former City Commissioner, who were in the audience. Chairman Wische called attention to the large audience that was present tonight and noted that most were here to speak on the Villa Del Sol Project. Chairman Wische requested that each community that was present tonight should select one spokesman. If this is not agreeable, a sign in sheet will be provided for all . those who wish to speak and those speaking will be limited to three minutes each. 3. Agenda Approval Chairman Wische called for a motion to approve the agenda. MEETING MINUTES PLANNING & DEVEL~MENT BOARD BOYNTON BEACH, FLORIDA .., December 14,1999 Motion Vice Chairman Dube moved to approve the agenda. Mr. Hay seconded the motion, which unanimously carried. 4. Approval of Minutes Chairman Wische called for a motion to approve the minutes of the November 23, 1999 meeting. Motion Vice Chair Dube moved that the minutes of the November 23, 1999 meeting be approved as submitted. Motion seconded by Mr. Hay, which carried unanimously. Chairman Wische instructed Assistant City Attorney Cirullo to administer the oath to all persons who would be testifying before the Board. Attorney Cirullo also suggested that due to the large amount of people present, if anyone comes to the podium to speak who was not sworn in to so state in order that they could be sworn in. 5. Communications and Announcements A. Planning and Zoning Report 1. Final disposition of the November 23, 1999 Planning and Development Board meeting agenda items. Mr. Rumpf reported on the following City Commission action that was taken at the December 7, 1999 meeting on items reviewed by the Board. (a) The Lowe's items were all approved, except for one, as follows: . Variance for the number of signs was approved. . Variance for the number of driveways was approved. . Variance for sign height was withdrawn. The sign that the applicant will be coming back with will meet the height limitation of 20'. . The height exception for the building was approved. The peak entranceway exceeded the maximum height. (b) The two setback variances for Carsrud were postponed at the request of the applicant. 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 (c) The Boynton Commerce Center master plan, which is also connected to the Lowe's project, was approved. (d) The High Ridge Properties site plan was approved. (e) The Lowe's Home Center conditional use application was approved. (f) The Foster Oil project was approved. Mr. Rumpf concluded his report. Vice Chair Dube requested Mr. Rumpf supply him with a new LDR Book. 6. OLD BUSINESS None 7. NEW BUSINESS A. Conditional Use The Learning Depot Pre-School Scott and Kathy Freeland SW 3rd Street at Woolbright Road Request conditional use approval to construct a 4,623 square foot daycare center on 0.52 acres. (Postponement required to December 28, 1999 Planning and Development Board Meeting to correct scrivener error in legal advertisement.) 1. Project Name: Agent/Owner Location: Description: Motion Vice Chair Dube moved that the Learning Depot Pre-School be postponed until the December 28, 1999 meeting to correct an error in the legal advertisement. Motion seconded by Mr. Friedland, which carried unanimously. Zoning Code Variance Description: Eckerd Drugstore Bonnie Miskel Boynton/Federal Development Northwest comer Federal Highway and Boynton Beach Boulevard Request for relief from Land Development Regulations, Chapter 21, Signs, Article IV, Section 6 permitting one freestanding sign to allow a total of two (one at each entry) 2. Project Name: Agent: Owner: Location: 3 ., MEETING MINUTES . PLANNING & DEVE~PMENT BOARD BOYNTON BEACH, FLORIDA -- December 14, 1999 Chairman Wische requested that the applicant take the podium. Attorney Bonnie Miskel, 222 Lakeview Avenue, West Palm Beach, Florida stated she was present tonight on behalf of the petitioner. Chairman Wische asked if staff had any comments and there were none. Chairman Wische asked if any Board member had any comments? Mr. Finkelstein said he looked at the Lucerne and Dixie Highway, Lake Worth store that has two signs at each entry. However, those signs are significantly smaller than what the applicant is requesting tonight. Mr. Finkelstein noted the applicant was requesting a 6' x 9' sign and the Lake Worth store signs are only 5' x 4'. Mr. Finkelstein was of the opinion that the large signs being requested might be out of character for the location. Mr. Finkelstein asked if the applicant would be amenable to reducing the size of the signs. Attorney Miskel said they did not represent the developers or1- the Lake Worth project, but she did attend the Lake Worth meeting when the project was approved and the signage was limited by their code. Therefore, they had to comply with the Lake Worth code. Ms. Miskel pointed out that although they are asking for two signs. the size of the signs is under the maximum allowable height, which is 80 square feet. The size of the applicant's sign is 66 square feet. Ms. Miskel said she would discuss this with her client if the sign could be minimized to a certain degree, but this is the signage that Eckerd has currently approved. Mr. Finkelstein said that the Eckerd Oelray Beach site had no signs whatsoever, except for what is on the building. Ms. Miskel informed the Board that at the City Commission meeting when the project was approved, the City Commission agreed that if this was not approved, the applicant would be permitted to have the signage on the gazebo. However, the applicant would prefer to go with the two signs as opposed to the gazebo. Ms. Miskel said that this signage has been approved and if the Board requires a change in the size of the form itself, it would require a copy change and Ms. Miskel was not sure that Eckerd would approve this. Mr. Finkelstein requested that Ms. Miskel respond to his comment regarding the Oelray Beach site and she said when Eckerd looks at each site, there are a number of factors they consider. Some sites are probably a higher interest level than other sites based on demographics, location and other factors. Ms. Miskel said it is difficult to compare sites and it depends upon how motivated Eckerd is to take a particular site. 4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14,1999 Chairman Wische asked Ms. Miskel if there is an average size for the Eckerd signs? Mr. Mark Wallace, 2665 South Bay Shore Drive, Miami, Florida took the podium and said he was with the developer of the project. Mr. Wallace said the typical signage for Eckerd is larger than what is being proposed for this project and is pole mounted and is typically 25' to the top of the sign. In addition the sign would have a reader board for messages. The total signage would be in excess of 48 square feet. Mr. Myott said that the signs fall well within the definition of a monument sign. Mr. Finkelstein asked why the street address was on one side only and said the signs would be facing the side streets. Attorney Miskel did not know why the signs were done in this manner and thought it should be on both sides of the sign. Mr. Myott asked if there was any landscape proposed for the bottom of the signs and Ms. Miskel stated that the applicant is required by code to have landscaping. Mr. Rumpf stated that staff has achieved considerable landscaping; particularly at the eritranceways and even though the sign is 6' in height, only about 4%' would be visible, because of the landscaping. Mr. Friedland felt that because the location is on a corner, two signs would not be unusual. Chairman Wische announced the public hearing. There was no one who wished to speak on the application and Chairman Wische closed the public hearing. Motion Mr. Friedland moved to approve the request for relief from Land Development Regulations, Chapter 21, Signs, Article IV, Section 6 permitting one freestanding sign to allow a total of two 6' x 9' signs (one at each entry) for Eckerd Drugstore at the northwest comer of Federal Highway and Boynton Beach Boulevard, subject to all staff comments. Motion seconded by Vice Chair Dube. Motion carried 7-0. Attorney Cirullo pointed out that the City Commission would make the final decision at the City Commission meeting. Chairman Wische stated that this Board only makes recommendations and the City Commission makes the final decision. Abandonment 3. Project Name: Agent: Kenmont Diana Hileman, Esquire 5 MEETING MINUTESw- PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ... December 14, 1999 Owner: Location: Description: Mr. Oris W. Walker 707 NW 3rd Street Request for abandonment of that alley segment that abuts 707 NW 3rd Street. Chairman Wische noted that there was only one staff comment and staff is requesting denial. Attorney Diana Hileman, 1200 South Federal Highway, Suite 1-201, Boynton Beach, Florida took the podium and stated she was present on behalf of Mr. Oris Walker. Attorney Hileman said that she just received the comments this morning and noted that the Utilities Department is requesting denial of the abandonment. Also, Florida Power and Light has an easement, but would be satisfied if the owner granted them an easement back over the abandoned property. They would have no problem with that. Ms. Hileman said that they would suggest the same thing for the Utilities Department. She stated that Mr. Walker has no plans to place a fence on the property or landscape it, and they would be amenable to having some type of language in the document to that effect. Mr. Rumpf said he could only convey the concerns of the Utilities Department. Even though the abandonment of the alleyway allows for better maintenance of the alley, the City doesn't have the ability and money to maintain all the alleyways. Also, it is difficult to monitor the alleyways until a utility truck needs to get into the area, only to discover there is no access. Even though the Utilities Department has accepted hold harmless documents, it is more of a maintenance problem and defeats the purpose of abandonment if the property cannot be accessed. Vice Chair Dube asked why the applicant wanted the alley abandoned. Attomey Hileman stated that the applicant wants to expand his yard, although he does not plan to landscape it or fence it in. However, there have been vehicles parked right up onto the back of his property. Attorney Hileman said if the applicant had ownership rights, he could take more direct action to stop this. Vice Chair Dube noted that when the 20' alley is abandoned, Mr. Walker would only get 10'. The other owner gets the other 10'. Vice Chair Dube said the Board doesn't know what the other owner wants to do and there is a gravity sewer line which cannot be covered up. Also, Vice Chair Dube noted that Comcast Cable ',was requesting a 10' easement through the alley with their line in the center of the 10' easement. Attorney Hileman said they would grant an easement back to Comcast Cable to enter upon the property. Mr. Hay asked what the harm would be if landscaping were extended in order to discourage vehicles from parking in the alley? Mr. Rumpf said that the Utilities 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Department does not know the exact depth of the main and therefore needs the entire 20'. Mr. Finkelstein felt the City was getting a great deal of abandonments, especially east of 1-95 and the Visions 20/20 Plan said the City should maintain the alleys. He would not like to see a great deal of abandonments. Chairman Wische announced the public hearing. There was no one who wished to speak on the application and Chairman Wische closed the public hearing. Motion Vice Chairman Dube moved that the request for abandonment of that alley segment that abuts 707 NW 3rd Street be denied. Motion seconded by Mr. Finkelstein. Denial carried 6-1 (Mr. Hay dissenting). ~ land Use Plan Amendment/Rezoning Owner: Location: Villa Del Sol Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc. Grove Partners Limited Request to amend the Future Land Use Plan from Local Retail Commercial to Special High Density Residential (20 dwelling units/acre) and rezone from C-3 Community Commercial to R-3 High Density Residential 4. Project Name: Agent: Chairman Wische asked how many different community groups were in the audience tonight? The following communities were represented: Colonial Club, Tradewinds, Sterling Village and Los Mangos. Chairman Wische said that all persons who speak would be limited to three minutes. Chairman Wische stated that all persons who wished to speak should sign up with the Recording Secretary and your name will be called in order. " While the people were signing up to speak, Chairman Wische called the item. Mr. Bradley D. Miller, of Miller Land Planning Consultants, Inc. assumed the podium. 7 MEETING MINUTE~ PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ., December 14, 1999 Chairman Wische announced that various people in the audience regarding this item have contacted some of the Board members. Vice Chair Dube, Mr. Friedland, Mr. Finkelstein and Ms. Frazier also stated that they have been contacted. Mr. Hay said he was not contacted. Steve Myatt said he is an architect affiliated with this project and has filed the necessary forms and stated he would not be voting on it. Attorney Cirullo said that Mr. Myott could not comment or participate In any discussions. Mr. Miller said he is representing Grove Partners limited who is the owner/applicant of the 16-acre parcel. Present with Mr. Miller was Bert Freehoff, a representative of the owner and Michael Getz from Cornerstone Group, a developer. Mr. Miller said the property was located on the west side of Federal Highway at the northwest corner of Old Dixie Highway and referred the Board to the map on the overhead screen. The site is approximately three-quarters of a mile south of Woolbright Road. The current zoning is commercial and the purpose of this public hearing is to change the designation from commercial to residential. After the hearing tonight, the petition will go to the City Commission and then it would be referred to the State Department of Community Affairs for review. It would then come back to the City for public hearings. In the mid 1980s there was a proposal to develop this property as a commercial shopping center. A site plan application was approved, but the project never got off the ground. Since 1984 it has remained in the same condition. In 1989 when the City revamped their Comprehensive Plan, they specifically identified this parcel to be designated special high density residential, which is being proposed tonight. However, because of the approved prior plans, the City felt obligated that the property remain commercial. This property has been sitting for 10 years and no one has come forward to develop the property for a commercial project. There was a County study done that designated this area as having a surplus of commercial. Mr. Bradley said under the commercial designation, the site is allowed to support over 200,000 square feet of commercial development, which is a major shopping center. Based on that, there would be traffic, water and sewer impacts. The change from commercial to residential would be a reduction in the number of trips by 6,000 trips on a daily basis. The proposal would allow up to 320 apartments and Mr. Miller presented an artist's rendering of what the project would look like. There will be significant green space and a perimeter landscape buffer will be provided. The project will be away from adjacent properties and there will be a central lake to provide open space. It will be an upscale development with a gated entryway and will provide recreational amenities, as well as some garages and there will be washers and dryers in the units. 8 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Chairman Wische asked what the price range of the apartments would be and Mr. Miller said a market analysis was done which was submitted to staff. The study supports that there is a demand for this type of project. The price ranges will be 5750 to $1,200 per month. The apartments will be one, two and three bedroom units. The buildings would be three stories in height. Mr. Miller said he would conclude his presentation to allow the audience to speak, but would like to reserve some time at the end to address any issues that come up. Mr. Rumpf requested to present staff's overview at the end of the public audience. Mr. Finkelstein asked if this Board was only voting on the zoning change tonight and not the site plan and Mr. Rumpf said that was correct. Mr. Finkelstein said he supported the project and said it would bring in significant revenues. He noted that this area has been an eyesore and he would like to see it developed. Vice Chair Dube noted that the zoning being requested tonfght is the exact zoning that the people in the audience currently live in. Mr. Friedland stated that Quantum Park is exploding and all kinds of industries are coming in. Also, the Gateway project is proceeding and all this adding to the overall property value in the City. Chairman Wische opened up the public hearing. Mr. Anthony Pesanelli, Colonial Club Drive, #105, Boynton Beach said he is amazed to hear Board members approve of a project before a public hearing has taken place and said this is not normally how land use boards operate. Vice Chair Dube pointed out that the Board has received all the information on this project and have studied and read everything being presented tonight. Mr. Pesanelli said he has six questions that he would like answered. Chairman Wische asked to whom he was directing these comments and Attorney Cirullo said that all questions should be directed to the Board. Mr. Pesanelli said he would like to know the storm frequency of the retention pond and is the outflow going to go into existing storm sewers? Chairman Wische said this is not on the agenda tonight. Chairman Wische pointed out that the issue tonight is a change in the zoning from commercial to high density residential. 9 MEETING MINUTES PLANNING & DEVEL~MENT BOARD BOYNTON BEACH, FLORIDA ~ December 14, 1999 Mr. Rumpf replied that anything related to the site plan cannot be addressed at this time because staff does not have this information. Tonight a concept plan is being and has not been reviewed by staff. This question can be answered when the site plan review comes up on the agenda. Mr. Pesanelli said that changing the zoning would increase traffic onto Federal Highway. Mr. Pesanelli asked if consideration has been given to installing a traffic light? Mr. Pesanelli did not think the area could sustain 320 new units on a piece of property that borders a railroad track. Vice Chair Dube stated that actually traffic would be much less than if it were commercial. Vice Chair Dube noted that under the proposed daily trips there are 2,053 and the vested daily trips with the commercial was 8,465. Therefore, this is now a reduction of 6.412 daily trips. Chairman Wische welcomed Commissioner Denahan to the meeting. Frances Flanagan of 3812 Periwinkle Lane, in the Tradewinds Development said that decisions have already been made in the existing future Land Use Plan, the existing Comprehensive Plan, and the Zoning Ordinances what the land is to be used for and should be adhered to. Ms. Flanagan stated that the density zoning for Colonial Club and Los Mangos is 10.8 per acre, not 20. Ms. Flanagan said this is environmentally sensitive land and she read a petition to the Board that had been signed by 17 people in opposition to the project. Ms. Flanagan said that the high-density project would be detrimental to their neighborhood, which are basically single family homes. She said that this project infringes upon their rights to privacy and their pursuit of happiness. Ms. Flanagan said there is no need for additional multi-family units in this area. There already is Seagate, Colonial Club .Condominiums, Sterling Village, Hampton Gardens, Homing Inn and Los Mangos, all of which have high levels of absentee ownership and are not classified as high income housing. This neighborhood is a middle-class neighborhood and is already overbuilt. She further stated that the area is environmentally sensitive harboring scrub jays and other endangered species. Ms. Flanagan said that they have alerted the U.S. Department of Fish and Wildlife. She said that this area will not support these high rents and she would like to see an impartial market survey performed. Ms. Flanagan said that although the notice was in accordance with the law, a high percentage of people notified will not be in town until after the holidays. She further stated that Mr. Myott's acceptance of this project is a serious conflict of interest, even though he is not allowed to vote. Ms. Flanagan said that out-of- state developers should not be allowed to ruin these neighborhoods for their own personal benefit. 10 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Ms. Barbara Harrison, a resident of Colonial Club, Section 1 assumed the podium and was sworn in by Assistant City Attorney Cirullo. Ms. Harrison said that there are buildings going up everywhere and wanted to know if there would be personnel on the property to manage it? Chairman Wische asked the applicant to respond to this question. Mr. Miller said there would be on-site management and maintenance that would live on the property. Mr. Peter Raidy, 3813 Periwinkle Lane said his property is immediately adjacent to the proposed project and his neighborhood is zoned for single family residences. He asked Attorney Cirullo if the Board approves the project, is there anything legally binding upon the applicant to adhere to the rentals that they have quoted tonight? Assistant City Attorney Cirullo responded that they are not legally obligated, because tonight's hearing is on the zoning change, not site plan approval. The applicant is trying to be accommodating by stating things ort the. record that would come back to them if there were inconsistencies in their statements. Assistant City Attorney Cirullo said he felt that the applicant was trying to address the concerns being expressed tonight. However, they would become legally binding upon approval at the appropriate stage. Ms. Billie Gaglio, President of Los Mangos Property Owners' Association, who lives at 2676 SE 27th Lane said she has a petition to present to the Board, but did not have an opportunity to copy it. She requested that she would like to get more signatures and present it to the Commission. Ms. Gaglio stated that the people of Los Mangos strongly object to the rezoning of the property to R-3, high density, 20 units per acre. Ms. Gaglio said the difference between the proposed project and the surrounding communities is that there is ownership and ownership changes the picture of a development. She said when people don't have a financial interest in a property, it is not as well taken care of. Ms. Gaglio said Boynton Beach is flooded with apartments all along Congress Avenue and Boynton Beach Boulevard. Ms. Gaglio said she does not want to see another high rise without elevators and who would this appeal to? Ms. Gaglio said that their neighborhood has to deal with the Homing Inn, which has studio apartments for rent, and this property is a problem to the City and the Police Department. There are eleven pages of calls since August to the Police Department and asked how can the City make any money with all these police calls? Mr. Mike Fitzpatrick, 101 SW 4th Avenue said he is present tonight on behalf of the Boynton Beach Greenways Project Team. Mr. Fitzpatrick explained what a greenway was to the audience and Board. Greenways protect environmentally 11 MEETING MINUTEs..,. PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA ., December 14, 1999 sensitive land and wildlife, and also provide people with access to outdoor recreation closer to home. Mr. Fitzpatrick said he is not opposed to high density and thinks the project could work and the proje..:t could support these types of rents. Mr. Fitzpatrick said as far as he knew, this was not environmentally sensitive land. It had been part of Zill's mangoes before it was bulldozed. Since it was bulldozed, it is just a sandpit. Mr. Fitzpatrick said he really would like to know if there were scrub jays on the land and requested someone provide him with a picture of one on the property. Mr. Fitzpatrick stated that the Greenways Project Team is about ready to make a presentation to the City Commission sometime after the first of the year. The Project Team is going to recommend that in the Land Use Plan there be some greenway corridors in Boynton Beach. Mr. Fitzpatrick presented a map to the Board showing the proposed greenways areas. The Project Team is proposing that a greenway be built through the backside of the site along the railroad, which would be a 200' wide dedicated easement for greenways. Mr. Fitzpatrick pointed out on the map the location of the entire greenway project that is being proposed. This greenway could be a bike/walking/hiking trail and this would be a definite attraction to the City of Boynton Beach. Chairman Wische asked Mr. Fitzpatrick what this had to do with the site plan? Mr. Fitzpatrick replied that this project would require that approximately five acres needs to be set aside as open space. He is asking the Board that if the applicant wants something from the City, a dedicated easement for a 200' corridor running along the railroad should be given for the Greenway Project. Mr. John Lyon took the podium and was administered the oath. Mr. Lyon said he lives at 2663 SE 28th Circle and said he is an original owner since 1977 and past President of the Los Mangos Association. Mr. Lyon said there have been previous attempts to change the density requirements. Last time when this was requested, the Chambers was packed and there were no seats. Chairman Wische asked when this occurred and Mr. Lyon said that this occurred when HUD assisted housing was being proposed. Mr. Lyon asked why this particular applicant is going to be given permission to build a high-density project, when the previous one was turned down? Mr. Lyon said that they also protested when the Homing Inn was rezoned. He felt the reason this property has . remained vacant so long was because of the problems with the Homing Inn. Mr. Robert Spence, 22 Colonial Club Drive, Apt. 300 said that he had appeared previously when there was an application to build a Winn-Dixie on he site and this fell through. Mr. Spence said this particular piece of property has been bad luck to the Colonial Club and surrounding neighborhoods ever since 12 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 the Winn-Dixie didn't come in. Mr. Spence asked about the notice of zoning change which stated "special high density residential - 20 dwelling units per acre" and would like to know if there had been any previous approvals for 20 dwellings units per acre for other projects. Mr. Rumpf responded that there have been other projects. Mr. Rumpf said that this application has been tailored after an existing site that is located on the east side of U.S. 1 further north, but in the same southern area of the City. Mr. Rumpf further explained that for planning purposes land that is located east of the FEC tracks is considered coastal area. Other areas of high density are in the mixed- use Land Use Application which consists of the Central Business District and all land east of the FEC tracks and north to the Boynton Canal. This mixed-use category allows 40 dwelling units per acre. Mr. Edward Tedtmann, 869 NW 8th Avenue assumed the podium and was administered the oath by Assistant City Attorney Cirullo. Mr. Tedtmann said he has some concerns about the site and wants to address them in the true sense of planning and zoning in order to preserve the property valueS and health and welfare of the community. Mr. Tedtmann said that the people who were involved in planning this property in the first place had the right concept because FEC is heavy rail. which means heavy freight traffic travels through there and it is loud and noisy. Mr. Tedtmann stated that at the intersection of 31st Street, which is across from Chapel Hill and heading east, you would run into a residential development that is now in ruins because of the noise and vibrations from the railroad. This development is now abandoned and is home to the homeless. Mr. Tedtmann believes that this property is within the CRA and he thinks the new CRA Director should have some input on this. Mr. Tedtmann said he would not like to see the new CRA Director become a political tool. Chairman Wische said that Mr. Tedtmann's remarks were out of line and asked him to sit down. Mr. Tedtmann said he wasn't finished. Mr. Tedtmann said the density is too high for this area and disagrees with the number of trips per unit. Mr. Tedtmann does not think this is the proper use for this property. Ms. Jean Lyon of 2663 SE 28th Circle took the podium and was administered the oath by Assistant City Attorney Cirullo. Ms. Lyon feels that the Board has already made up their minds in favor of the project. She asked why the Board is so eager to jump at the first proposal and asked the Board to wait to see if anything better would come along. A gentleman who lived in the Los Mangos Community assumed the podium and was administered the oath by Assistant City Attorney Cirullo. He feels that the citizens are fighting the City Officials and the people of the City expect some kind of consideration. He said even though there are 320 apartments, 60 units are 13 MEETING MINUTE~ PLANNING & DEVEC'lSPMENT BOARD BOYNTON BEACH, FLORIDA ~ December 14, 1999 three bedroom apartments and the amount of people involved in the project would be enormous. Also, there will be a large number of vehicles. He asked what the plans are for widening the street and installing a light? He said the $750 a month rent falls within the Section-8 range. This gentleman said that this is not an upscale project and that this project is going to be a big mess. Chairman Wische informed the audience that this is a volunteer Board and they are not elected officials. The Board is asked to perform a duty for the City and that is to review site plans. This Board is not in the booking business and does not put items on an agenda now, next year or the following. The agenda is given to this Board by the City department in charge of these things. Board members do not know what is on the agenda until they receive it the weekend before the meeting. Also, Chairman Wische said that this Board's decisions are not final and they go onto the City Commission, who are the elected officials. There being no one else that wished to speak, Chairman Wische closed the public hearing. Chairman Wische asked if there any issues that the applicant would like to address. '. Mr. Burt Freehoff, 2255 Glades Road, Suite 421-A, Boca Raton took the podium and said that he has been representing the owners of the property for two and one-half years. Mr. Freehoff said it took years to clear up the title before Grove Partners could take ownership. Mr. Freehoff said he made a serious attempt to get a commercial development on the property and in two and one- half years with intensive marketing, he did not have one single response. He said he contacted condo development owners and no one expressed any interest. The only interest in the property was for multi-family. Mr. Freehoff said the owner of the property is a passive investor and is not a developer and lives out of state. The only interest for multi-family was in the over 300 unit range. This amount of units would provide enough revenue and overhead to sustain the project. The owner and Mr. Freehoff were aware that the City was against HUD or subsidized housing. Mr. Freehoff said he had six offers from four different companies for subsidized housing and refused to do business with them. We did not feel it would be right for the community and there would be a problem with getting it accepted. Mr. Freehoff said there are no rental units that are being proposed that are located within the eastern corridor along Federal Highway in the south end of the City. Mr. Freehoff said they retained the services of an environmental firm and their report indicated that there are no scrub jays on the property. The City does not feel there are any endangered species on the property. 14 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Mr. Freehoff stated even if condominiums were built, it doesn't prevent them from being turned into rentals. Mr. Freehoff stated that the owner has made an effort to seek someone out who does quality work. Chairman Wische asked if any staff had anything further to add. Mr. Rumpf said he would like to clarify some items that were raised. . First, the statements in the report are accurate relative to density consistent in the area. There is documentation in the Comprehensive Plan that in evaluating the coastal area for potential perking impact, that some non- conforming densities have been realized. This can raise concerns about getting insurance. The Comprehensive Plan inventoried existing residential projects in the coastal area to determine the densities and made comments and policies about making them conforming. Densities in the immediate area for named, established projects in the area range from 21 dwelling units per acre, 32.2 dwelling units per acre, 27.7 dwelling units per acre and further north there are 18.6 and 18.30 dwelling units per acre. Therefore, you can see why staff feels the project is consistent with the estat>lished land use pattern in the area. . Specific set back will be required for this project. . Traffic generation would be less. This is an expired project and the project is now starting from scratch and since there is no concurrency, staff looks at the project from ground zero. . Successful redevelopment of the eastern area of the City will not occur without changes that are being presented tonight. The City is entering a new era in terms of growth and development of the City. The City is at a growth rate in excess of 3%. . Mr. Rumpf said he met with the School Board today and Boynton Beach is targeted with two other areas in the County as the areas to watch in terms of growth. . It is not unusual for density in downtown Delray Beach to be at 60 to 70 dwelling units per acre. . When the project reaches the site plan stage, staff will deal with impacts, traffic lights and turn lanes. In comparison to the commercial project that had been previously approved there is a reduction in traffic. . With regard to the comment that was made earlier that the property was recommended for commercial use, and the only reason that designation is in the Comprehensive Plan, was when it was adopted in 1989, there was an approved commercial project. However, the Comprehensive Plan recognized the preferable land use as being special high density. Mr. Rumpf concluded his response. Mr. Hay asked what happened to the approved project and Mr. Rumpf said it expired. 15 MEETING MINUTES PLANNING & DEVE~PMENT BOARD BOYNTON BEACH, FLORIDA ~ December 14, 1999 Mr. Friedland apologized for making a statement in advance that was out of order and said the Board was here tonight to change the zoning. Mr. Friedland said he has been involved with Visions 20/20 and Boynton Beach is an explosive city. Boynton Beach is the narrowest city from Jacksonville to Miami and has a code that does not allow growth above four stories, except along the water. Mr. Friedland said that the zoning change is necessary and there is no other place to go but up, unless you want to build a fence around the city and not grow anymore. Mr. Friedland would like the Board to move ahead to approve the change in zoning. Boynton Beach is on the move and people have to live somewhere. Motion Vice Chair Dube moved that this Board approve the request to amend the Future Land Use Plan from Local Retail Commercial to Special High Density Residential (20 dwelling units/acre) and rezone from C-3 Community Commercial to R-3 High Density Residential, subject to all staff recommendations- and comments. Motion seconded by Mr. Finkelstein. Assistant City Attorney Cirullo requested that the Chair have a roll call vote. The Recording Secretary called the roll and announced that the motion carried with five (5) votes in favor, one (1) vote (Mr. Hay) against and one (1) vote (Mr. Myatt) abstaining. Chairman Wische stated that there were additional items on the project, and people were invited to stay for those items. Chairman Wische called for a recess at 9:05 p.m. The meeting reconvened at 9:12 p.m. Comprehensive Plan Text Amendment Owner: Location: Villa Del Sol Bradley D. Miller, AICP. Miller Land Planning Consultants, Inc. Grove Partners Limited Northwest comer of the intersection of Federal Highway (US 1) and Old Dixie Highway Request to amend the Comprehensive Plan Future Land Use Support Document Planning 5. Project Name: Agent: Description: 16 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Area 1.p.; to support the reclassification from Local Retail Commercial Land Use to Special High Density Residential, to encourage development and revitalization of this area of the City. Mr. Myott declared he had a conflict of interest associated with this project and has filed the necessary paperwork required. Vice Chairman Dube, Chairman Wische, Mr. Myott, Ms. Frazier and Mr. Friedland acknowledged that people had contacted them regarding this project. Mr. Rumpf said that the item represents two text changes. One has been applied for and the second one staff is recommending. Mr. Bradley Miller of Miller Land Planning Consultants rePresenting Grove Partners Ltd. took the podium and stated this is a clarification of the text that is in the Code. Mr. Miller said they agree with all staff comments. Chairman Wische announced the public hearing. Ms. Frances Flanagan assumed the podium and requested that everything that she said during her previous testimony be repeated. There was no one else who wished to speak and Chairman Wische closed the public hearing. Motion Vice Chair Dube moved to approve the request to amend the Comprehensive Plan Future Land Use Support Document Planning Area 1.p; to support the reclassification from Local Retail Commercial Land Use to Special High Density Residential, to encourage development and revitalization of this area of the City, subject to all staff recommendations and comments. Motion seconded by Ms. Frazier. Assistant City Attorney Cirullo requested that the Chair have a roll call vote. The Recording Secretary called the roll and announced that the motion carried with five (5) votes in favor, one (1) vote (Mr. Hay) against and one (1) vote (Mr. Myatt) abstaining. 17 MEETING MINUTEs.. PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA --- December 14, 1999 6. Project Name: Comprehensive Plan - EAR - Based Amendment (excluding School Siting & Intergovernmental Coordination) City of Boynton Beach Request to approve the Evaluation and Appraisal Report (EAR)-based amendments to the Comprehensive Plan as required to update the goals, objectives and policies, and Future Land use map in accordance with state law, the Evaluation and Appraisal Report, and City direction. Agent: Description: Chairman Wische requested that this item be postponed until the members have an opportunity to read it more thoroughly. Motion Mr. Finkelstein moved that Item 6, Comprehensive Plan Amendment, be moved to this Board's December 28, 1999 meeting. Motion seconded by Ms. Frazier. Vice Chair Dube asked if this was an advertised item, and if so would it have to be readvertised? Mr. Rumpf said it is an advertised item, but it is not necessary to readvertise the item. Historically, the City allows one extension to occur. If it is extended beyond that date, it would have to be readvertised. Mr. Rumpf said he did not object to the postponement. Mr. Rumpf distributed to members some pages that had been omitted inadvertently and some text data that should have been included, but was not. Mr. Rumpf said this material also needs to be reviewed in conjunction with the other material. Mr. Rumpf said he would be going through the material more thoroughly in order to provide an outline for the Board. Mr. Rumpf pointed out that this item is combined with the Villa Del Sol item. Any delay in this project would delay the processing of the Villa Del Sol project. The items cannot be separated. A majority of the information in the Plan was reviewed and approved by the City in 1996 and 1997. Two workshops were held, as well as a public hearing. Mr. Rumpf said he is now going to make this a high priority to be maintained on an annual basis. Mr. Rumpf said he will not be present at the next meeting, but Lusia Galav will be heading up the review. 18 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA December 14, 1999 Attorney Cirullo reminded the Board that there is a motion on the floor that should be voted upon. Chairman Wische called for a vote to continue the matter until December 28th. Motion carried unanimously. 7. OTHER None 8. COMMENTS BY MEMBERS Vice Chair Dube said he appreciated receiving a copy of the City Commission minutes and requested that this be included with their packets in the future. Vice Chair Dube said he counted nine illegal signs on the corner of Congress and Woolbright. Vice Chair Dube would like to be able to assist the Code Compliance Department with these types of violations. '. Ms. Byrne reported that the Police Department has certified a special unit of the COP Unit to go out and assist with parking violations and enforcement, but she did not know if this could also apply to Code Enforcement. 8. ADJOURNMENT Mr. Hay moved that the meeting adjourn. Motion seconded by Mr. Finkelstein and the meeting properly adjourned at 9:30 p.m. Respectfully submitted, ., --p-....v6-t, ,,1'- /k-. jYLa-r.~U"",^- Barbara M. Madden Recording Secretary (3 tapes) 19 ." ." DEPT OF CO~1 AFFAIRS .. F 3.X : 8504823309 . Jan 14 20X 16:02 P.Ol rLk:. -<- 0 ~~ c: ~ .... ~ 4, 7 C"" " "?~ -)0 /.::' ..f- ""'-, 7 ~. 'j ~~ STI\TE OF FLOR.IOA DEPARTMENT OF COMMUNITY AFFAIRS "'Dedica red to making Florida. a better place to call home" J!88USH Governor STEV~N M. 5(1I5ERT Secretary January 7, 2000 --- .--. -- - ...... ..- _. -_ _.. n__ __ _. Michael W. Rumpf Director of Planning and Zoning City of Boynton Beach Post Office Box 310 Boynton Beach, FL 33425 Dear Mr. Rumpf: L CON(\ElZ, The Department received the proposed amendment to the Boynton Beach Comprehensive Plan on January 3,2000 as submitted with your letter dated December 30, 1999. The proposed amendment package received by the Department is incomplete because it doe~ not .include all of the information required by Rule 9J~11. Florida Administrative Code. The submittal requirements for amendments to local government comprehensive plans are prescribed in Rule 9J-l1. Florida Administrative Code, "Procedural Rule for Review of Local Government Comprehensive Plans and Amendments:' The requirements for the transmitt.a11etter are outlined in Rule 9J-l1.006(1)(a), Florida Administrative Code. Your submittal package for the proposed amendment(s) does not include: · Reference map amendment LUAR #99-0SNista del Sol. six copies ofyourjuture land use map depicting the present future land use map designations of the subject property and the abutting properties adjoining the subject area [Rule 9J-l1.006(1)(b)lb]. The proposed amendment will not be processed until all the required infonnation is : available to distribute for review, as required by Rule 9J-11.009(1)(b), Florida Administrative Code. Ifwe may be of further assistance. please contact Mr. Paul Conger, Planner IV, or me. at (850) 488-4925. ,".' - C\ @~ ~~ ~i\ ... ':.,\\\ \ n'\,. . \ sl!l'$\ .. \\jl ____- ~ l ,. - .Ir\ i ;; ~.IW 1.--..~. ORE/per Sincerely. ~ D~ ~~banE. O\Ai~ Community Program Administrator ~S55 SHUMARD OAIC BOUlEVA,RD . TAllAHASSl!f, flORIDA 32399-2100 Phone: b~O.4811.8466/5ulI<<:om 27e.84~b. ~^X: 8S0.92t .078t1Suncolll 291,0781 Inter:let address: htlp.lIwww.dc;a.stale.f1..J5 f'IO~~ Kf\'5 ""... '''C'''lul~,,C_,;el401ric,, 21'" 0.-..... >lith_yo $.....1U M",'hor. "OIId. U~122' . CUE", SWAM' 101.. of OIK.11' ...W c......... FI_d OII1e. :a~ EI.1 M.ln ~ ",:,. , ~ ..n_. "<>NI. ~"J.Q.A"" DEPT OF COMM AFFAIRS Fax:3504883309 Ja1 14 20)0 16:02 P.02 BOYNTON BEACH OO-lER This is Boynton Beachts EAR-Based amendment submittal package... Included in this EAR-Based submittal is one non EAR..Based FL UM amd changing a 16 acre site from Local Retail Commercial to Special High Density Residential [LG # 99..05Nilla del Sol]. The only thing wrong with this specific map amd is that they did not transmit a FLUM depicting the present FLUM designations of the subject property and the abutting properties. They provided a 'location map' & a Coastal ~1al1agement map (the coastal map is necessary for related text changes) but they did not provide a FLUM map. Since they are amending their FLUJ.~ need a copy of their FL UM depicting the subject site. Note: They are making EAR-based related changes to their FLUM map and they have provided copies of their FLUM map for these sites. NOTICE OF ZONING CHANGE NOTICE OF COMPREHENSIVE PLAN CHANGE CITY OF BOYNTON BEACH PUBLIC HEARINGS The City of Boynton Beach proposes to amend text within the Comprehensive Plan, change the land use plan and rezone property indicated on the map below. Public hearings to consider transmittal of these proposals will be held before the Planning and Development Board on December 14, 1999, at 7:00 P.M., and before the Local Planning Agency/City Commission on December 21, 1999, at 6:30 P.M. at City Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. f11 II T 7/!r;'fj .. ~, U t V !i.: !!if-1l..\ J.I "-n . I 11!1: I:UI.. !~l f t ( .;: ::""e:~-~~ I IriIlll : J. I ltti ; -.1~; -,. -- 0 - ;::) ~~ '~, ~- ..;!., -- :: I': : I II !Il ~ !I!:; 1....;, . - - t ! .:;1 . f. =-- . I IWLJ I I ~ f' Cl i.:.... .. ,--4--'-:--: I ! :,._. 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I ~ f. .~~: !;:1 [ "t !'l.'----~ :.'.',.. ~:r~ -, " T..I.-ii"i~~}{ !i'--L;::~"T 'f~ :,. cr' ~---~--. ,. .. ': ';1 I' _::r- ,7 .: 0/' :: ;.!~~ :,' ::: I U-.7 ---: . w, I :: i"g-" ,I',: "1 .7LI .::,,' IL, , ., f '01 .' ','1.............. · ~ : " :: :1-- ".~"',.,: ~ _ I . . . . I~ - '.". "- , ::,::: I..::~~ 1-----. ..' I n ~ ,', :l'_ " r -- ---.J il 'I:::::'. -... ~:!; u!(......., ~ . , . :j ..-.::::: Hi!; ; ii, ,. _, I -l __ 11 ~"'/ VI ~/I : 0- I I I I ': ! ' 1 I >- f- III I I 1 I- ~ r 1 ~ r ~ I - ~', ~- R= ~~ - 1-'1 II ~J .J.JJ -..L' I II I I I I ;: : ;;.... I; :. . , PETITIONER: AGENT: INTENDED USE: LOCATION: Grove Partners, L TD. Bradley D. Miller, AICP Multi-family residential Northwest comer of the intersection of Federal Highway (US 1) and Old Dixie Highway LEGAL: Complete legal description on file in the Planning and Zoning Division, 100 East Boynton Beach Boulevard, Boynton Beach, Florida AMEND FUTURE LAND USE PLAN From - Local Retail Commercial To - Special High Density Residential (20 dwelling units/acre) REZONE From - C-3 Community Commercial To - R-3 High Density Residential AMEND TEXT OF COMPREHENSIVE PLAN Amend Section l.p., page 89 and 90 of the Comprehensive Plan Future Land Use Support Document. The current text is provided below. 1.p Parcels at Northwest Comer of U.S. 1 and Old Dixie Highwav Due to the limited demand for commercial floor space along this segment of U.S. 1, the Coastal Management Element originally recommended that these parcels be taken out of the Local Retail Commercial land use category, and placed in the Special High Density Residential category. However, because a site plan and construction drawings for a shopping center on this site have been approved by the City, the City Commission decided to keep these parcels in the Local Retail Commercial land use category. REQUEST: REQUEST: REQUEST: The proposed text read as follows: 1.p Parcels at Northwest Comer of U.S. 1 and Old Dixie Highway Due to the limited demand for commercial floor space along this segment of U.S. 1, an initial recommendation of the Comprehensive Plan adopted in 1989 was that these parcels be taken out of the Local Retail Commercial land use category, and placed in the Special High Density Residential category. This recommendation was not enacted because a site plan and construction drawings for a shopping center on this site had been approved by the City. The shopping center has not been developed and the site plan and construction plan approvals have expired. Therefore, these parcels should be taken out of the Local Retail Commercial land use category and placed in the Special High Density Residential category to encourage development and revitalization of this area of the City. A COPY OF THESE APPLICATIONS AND CORRESPONDING LEGAL DESCRIPTION ARE A V AILABLE FOR REVIEW IN THE PLANNING AND ZONING DIVISION, MONDA Y THROUGH FRIDAY, 8:00 A.M. TO 5:30 P.M. ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION