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Minutes 02-27-07 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA, ON TUESDAY, FEBRUARY 27,2007 AT 6:30 P.M. PRESENT: Lee Wische, Chair Woodrow Hay, Vice Chair Sergio Casaine William Cwynar Shirley Jaskiewicz Jamila Alexander, Assistant City Attorney Mike Rumpf, Director, Planning and Zoning Matthew Barnes, Alternate Sharon Grcevic, Alternate Absent: Jon Blehar Roger Saberson 1. Pledge of Allegiance Chair Wische called the meeting to order at 6:37 p.m. Vice Chair Hay led the Pledge of Allegiance to the Flag. 2. Introduction of the board Chair Wische introduced the members of the board. 3. Approval of Minutes Motion Ms. Jaskiewicz moved to approve the minutes as presented. Mr. Casaine seconded the motion that unanimously passed. 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the January 23, 2007 Planning and Development Board meeting agenda items. Mike Rumpf, Planning and Zoning Director announced the following projects were approved: · 306 SW 5th Avenue, Variance · Cortina Boynton Village, Site Plan Time Extension · The Learning Place II, Site Plan Time Extension · Fire Station at High Ridge Road and Gateway, Community Design Plan Appeal and Site Plan 1 Meeting Minutes Planning and Development Boynton Beach, Florida February 27,2007 . Citrus Park, Master Plan Modification . Polio Campero, Site Plan Approval . Banks in Quantum Park, Use Approval and Major Site Plan Modification 6. Old Business None 7. New Business Assistant City Attorney Jamila Alexander administered the oath to all who would be testifying. A. Jerry's Cigar Lounge Conditional Use 1. Project: Jerry's Cigar Lounge (COUS 07-001) Paz Plaza Jerry Pearson II Jerry Pearson II 3301 West Boynton Beach Boulevard Request for conditional use approval for a 1,200 square foot "cigar lounge" in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. Agent: Owners: Location: Description: Chair Wische read the request into the record and asked the applicant if he was in agreement with all three conditions of approval. Jerry Pearson, 4772 NW 90th Way, Coral Springs, agreed to all staff comments. Gabriel Weubben, Planner, recommended approval subject to all staff comments. Chair Wische opened the issue for public hearing. No one coming forward, Chair Wische closed the public hearing. Ms. Jaskiewicz spoke about ingress and egress for the project and asked why the request was delayed. Mr. Wuebben explained the owner was out of town for three weeks. Ms. Jaskiewicz was not happy with the request. She felt the use was not conducive to the type of development occurring in the C-2 District. Vice Chair Hay explained the building to the east of the subject property was vacant and the building to the west was Moore's Golf Shoes Etc. 2 Meeting Minutes Planning and Development Boynton Beach, Florida February 27,2007 Mr. Wuebben explained the request would be forwarded to the City Commission and the surrounding property owners were notified. There was no further discussion. Motion Vice Chair Hay moved to approve the request for conditional use approval for a 1,200 square foot cigar lounge in a commercial center located on the north side of Boynton Beach Boulevard, approximately one-half mile west of Congress Avenue in the C-3, Community Commercial zoning district. Mr. Cwynar seconded the motion that unanimously passed. B. Estates at Heritage Club Master Plan Modification 1. Project: Agent: Owners: Location: Estates at Heritage Club (MPMD 07-002) Jason Mankoff, Weiner & Aronson, P.A. New Century Boynton One Development, LLP West of FEC Railroad on the north side of Gulfstream Boulevard, (The Estate at Heritage Club PUD, fka Boynton Dixie. Request for master plan modification approval to The Estates at Heritage Club PUD to reduce the approved number of fee-simple town house units from 82 town houses to 25 town houses and add 56 single-family zero lot line dwelling units (a net reduction of one unit.) Descri ption: Chair Wische read the request into the record and asked the applicant if he was in agreement with all 43 conditions of approval. Jason Mankoff, Agent for the project, had concerns with four of the conditions. The applicant agreed with the intent of Condition 41 but were not happy with the wording. He suggested the condition read, "Revise site plan (sheet CE-2) by adding a note to address location of screen enclosures allowed in rear yards of lots adjacent to Gulfstream Boulevard." Staff had no objection to the rewording. Condition 30 referenced Parks and Recreation Impact Fees and the remainder of the unpaid portion would be due at time of permitting. Mr. Mankoff advised they already made payment in the amount of $63,222, and they would like a reference to that effect incorporated into the condition. Staff had no objections to the request. The third concern was Condition 34 pertaining to indicating easements, including five (5) foot utility easements in the front and rear of each unit on all landscape plans. He had no objections to the utility easements in the front but explained the property was platted and there would not be easements in the rear of the units. Staff agreed to use what was platted. 3 Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 Hugh Johnson, Landscape Architect for the project, addressed Condition 2. When this item was in the early planning stage, staff wanted the sidewalk set back four feet from the curb. They agreed and would plant street trees in the four-foot swale area between the curb and sidewalk. The trees were Pigeon Plums. At the Technical Review Committee, this was brought up and staff had an issue with it. The applicant requested the application go forward and agreed to work with City staff for a suitable tree specimen. Mr. Rumpf had no objection to allowing for subsequent coordination on the issue. If not it has to be relocated. Chair Wische opened the issue for public hearing. Attorney Alexander administered the oath to John Werner, 420 SE 34th Avenue. Mr. Werner was concerned about the lots backing up to the existing homes. He questioned the plans for the rear easement and landscaping issues. Ms. Zeitler explained the condition pertained to a five-foot utility easement within the 25-foot area in the rear yard. The utility easements will now be located in the front of the lot and had nothing to do with the perimeter landscaping. Site plans and building elevations were in the Planning and Zoning for Mr. Werner to review. Staff reviewed the original plans had 82 town house units in 16 buildings with a 25-foot rear setback which mirrored the setback for the adjacent single-family lots. The new plan had the same layout for lots, utilities and streets, but included zero-lot line single-family detached homes for 56 of the lots on the west and north. The lots on the railroad tracks had 25 town house units in five buildings with five units each. All the buildings would be two stories. The plan was consistent with how the request was previously approved and the application was just a change in the type of housing proposed to be more consistent with the adjacent properties on the north and west, which is single-family, detached housing. Mr. Werner explained the existing homes were ranch homes. He was concerned about the building heights and privacy. Ms. Zeitler explained there would be about 50 feet between the two developments. A combination wall and fence on the east property line, and fence buffer on the north and west property line would help ensure privacy and would be maintained by the Homeowners Association. There being no further comments, Chair Wische closed the public hearing. Vice Chair Hay requested additional information on the water lines. James Drotos, Project Engineer, explained there would be a water main connection on Gulfstream Boulevard. The applicant was upgrading to a 6" water main that ran from Sea crest Boulevard along 34th Avenue to east of Dixie to the railroad tracks. They would add an additional eight-inch main connection to the north. 4 Meeting Minutes Planning and Development Boynton Beach, Florida February 27, 2007 Motion Mr. Cwynar moved to approve the request for master plan modification approval for The Estates at Heritage Club PUD to reduce the approved number of fee-simple town house units from 82 town houses to 25 town houses and add 56 single-family zero-lot line dwelling units (a net reduction of one unit) with the comments as discussed in reference to Item 2, Exhibit D, and between the meeting and the City Commission, the item be would be worked out with the trees and the four feet between the street and sidewalk. Condition 30, that approximately $63,222 has already been paid in fees, checked and noted and only the difference was due, Item 34 would be as platted and the rewording as per the builder would be utilized in Condition 41 plus any and all other staff comments. Vice Chair Hay seconded the motion that unanimously passed. 8. Other None. 9. Comments by members None. 10. Adjournment. Motion Mr. Cwynar moved to adjourn. Mr. Casaine seconded the motion that unanimously passed. Meeting adjourned at 7:05 p.m. o ' Qk/cl( - N lL6~lL/l!Y1 all,! Catherine Cherry Guberman Recording Secretary 030107 5