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Minutes 10-23-07 MINUTES OF THE PLANNING AND DEVELOPMENT BOARD REGULAR MEETING HELD ON TUESDAY, OCTOBER 23, 2007 AT 6:30 P.M. CITY COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA Present: Lee Wische, Chair Woodrow Hay, Vice Chair Jon Blehar Sergio Casaine Shirley Jaskiewicz Roger Saberson Sharon Grcevic, Alt. Michael Rumpf, Planning Director Jamila Alexander, Assistant City Attorney Absent: Jeff Lis Matthew Barnes, Alt. 1. Call to Order and Pledge of Allegiance. Chair Wische called the meeting to order at 6:33 p.m. The Pledge of Allegiance to the Flag was led by Vice Chair Hay. 2. Introduction of the Board. Chair Wische introduced the members of the board. 3. Agenda Approval. Motion Vice Chair Hay moved approval of the agenda. Ms. Jaskiewicz seconded the motion that unanimously passed. 4. Approval of Minutes. Motion Ms. Jaskiewicz moved to approve the minutes as presented. Vice Chair Hay seconded the motion that unanimously passed. 5. Communications and Announcements. Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 A. Planning and Zoning Report 1. Final disposition of the September 25, 2007 Planning and Development Board meeting agenda items. Mike Rumpf, Planning and Zoning Director, announced the Makrista Baby Administrative Appeal item was tabled by the City Commission due to timing and the inability of the applicant to be present. The Brisson item variance was tabled. On another matter, Mr. Rumpf advised he was contacted by Board Member Lis and informed he was detained in traffic and would not attend the meeting. Motion Mr. Casaine moved to accept the report. Vice Chair Hay seconded the motion that unanimously passed. Attorney Alexander administered the oath to all who would be testifying. 6. Old Business A. 2514 SW 12th Street (Brisson) ZoninQ Code Variance 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 2514 SW 12th Street (Brisson) (ZNCV 07-006) Mark and Holli Brisson Mark and Holli Brisson 2514 SW 1ih Street Request for relief from the Land Development Regulations, Chapter 2. Zoning, Section 11. E. Swimming Pools, requiring a minimum rear setback of 8 feet from the property line for the construction of a swimming pool, to allow a rear setback of 2 feet; a variance of 6 feet within the R-1-AA single-family residential zoning district. Chair Wische presented the request. Staff was suggesting an alternative to the original request be considered. Gabriel Wuebben, Planner, provided an overview and announced the applicant was very cooperative in working with staff to achieve a compromise. The swimming pool sat in the 2 Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 rear yard on a severe slope which caused the pool to be placed away from the home. The staff report indicated there is a significant amount of public land behind the property. Because of this, staff felt the intent of the setback was met, with about 80 feet separating the pool from the neighbor. Staff was recommending the board approve the variance request for three feet. Mark Brisson, 2514 SW 12th Street, the applicant, agreed with the recommendations of staff. Chair Wische opened the floor to public hearing. No one coming forward, Chair Wische closed the floor to public hearing. Motion Ms. Jaskiewicz moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2. Zoning, Section 11. E. Swimming Pools, requiring a minimum rear setback of 3 feet, a variance of five feet within the R-1-AA single- family residential zoning district per the recommendations of staff. Ms. Grcevic seconded the motion that unanimously passed. 7. New Business A Pylon Interstate Plaza Phase II Conditional Use/Maior Site Plan Modification 1 . PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Pylon Interstate Plaza Phase II (COUS 07-004) Ray Balassiano, AI.A Peter Debs, Woolbright Executive Center LLC 1501 Corporate Drive Request for conditional use/major site plan modification approval for a 29,199 square foot office building and related site improvements on 2.86 acres in a C-1 zoning district. Chair Wische presented the request and advised the applicant there were 17 staff comments associated with the request. Raymond Balassiano, 800 Glouchester Street, Boca Raton, agreed with the conditions of approval. Ed Breese, Principal Planner, recommended hearing the items together but voting on them separately. He briefly explained the second portion of the item was a request for a height exception to permit a segment of the parapet wall and mechanical equipment at a height of 43 feet. This would be eight (8) feet above the 35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199 square foot office building. 3 Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 Mr. Breese explained this item was heard in 2006 and the property had been sold. Before the new owners could submit for permit, the plab expired. The project was practically identical to the prior request, but had a 10 feet decrease in the height exception request, three additional parking spaces on the ground floor and a change to the building facade to be more consistent with the surrounding office buildings along Woolbright Road. The roof deck was proposed at 35 feet. The parapet did not count towards the height according to the Code, but there was a three foot step up in the parapet at the west entrance to the building. The mechanical equipment on the roof was also at 43 feet, which was eight feet over the allowed height which predicated the request. The prior owners received a parking variance for 49 spaces to allow office space to be up to 50% medical use/tenants. The height exception would not adversely affect surrounding property owners and staff recommended approval of the Conditional Use and Height Exception requests. The applicant had no comments. Chair Wische opened the floor for public hearing. No one coming forward, the Chair closed the floor to public hearing. Ms. Jaskiewicz asked about the location of the building and the parking. The building fronted on Woolbright near the former Peninsula Bank Building. The ground parking was located under the building. Mr. Blehar received confirmation the prior request for a height exception was 18 feet and this request was now reduced by 10 feet. Ms. Jaskiewicz asked whether the nine foot wide spaces for parking stalls were standard. Mr. Breese explained outside the CRA area, it was 9.5 feet but if there was existing parking and parking was being added, they needed consistency and they recommended nine feet. Motion Mr. Casaine moved to approve the request for conditional use/major site plan modification for a 29,199 square foot office building and related site improvements on 2.86 acres in the C-1 zoning district with all staff comments. Ms. Jaskiewicz seconded the motion that unanimously passed. Pylon Interstate Plaza Phase II HeiQht Exception 2. PROJECT: AGENT: OWNER: Pylon Interstate Plaza Phase II (HTEX 07 -005)) Ray Balassiano, AlA Peter Debs 4 Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 LOCATION: DESCRIPTION: 1501 Corporate Drive Request for height exception approval to allow a segment of parapet wall and mechanical equip- ment at a height of 43 feet, eight (8) feet above the 35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199 square foot office building. Chair Wische opened the floor to public hearing on the Height Exception. No one coming forward, Chair Wische closed the floor to public hearing. Motion Vice Chair Hay moved approval of the request for a height exception to allow a segment of the parapet wall and mechanical equipment at a height of 43 feet, eight (8) feet above the 35 foot limit in the C-1 zoning district, in conjunction with the construction of a 29,199 square foot office building with all staff comments. Ms. Jaskiewicz seconded the motion that unanimously passed. B. Cortina at Boynton Village Site Plan Time Extension 1. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Chair Wische presented the request. Cortina at Boynton Village (SPTE 07-010) Stephen Liller, K. Hovnanian Homes South Florida Devco, Inc. Northeast corner of Old Boynton Road and canal. Request for a second one (1) year site plan time extension of a site plan (NWSP 05-001) originally approved on September 20, 2005 for 458 townhome units in the Boynton Village and Town Center Development. This second request would extend approval from September 20, 2007 to September 20, 2008. Kathleen Zeitler, Planner, explained staff reviewed the request and recommended approval subject to the original conditions of approval still being applicable. The justification for the request was the local real estate market would require the applicant to amend the site plan and replat and needed an additional six months. Steve Liller, Agent for the project agreed with the conditions of approval. Chair Wische opened the floor for public hearing. No one coming forward, Chair Wische 5 Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 closed the floor to public hearing. Motion Mr. Saberson moved approval subject to all staff recommendations. Vice Chair Hay seconded the motion that unanimously passed. C. Land Development Regulation Rewrite Group 4 Code Review 1. PROJECT: Land Development Regulations (LDR) Rewrite Group 4 (CDRV 07-004) City-initiated A portion of Group 4 deliverable, pursuant to the LDR Rewrite Work Schedule, which includes: Article 1. Environmental Protection Standards and Article II. Landscape Design and Buffering Standards. AGENT: DESCRIPTION: These proposed sections will ultimately replace and enhance portions of the current LDR Part III, Chapter 2 (Zoning), Sections 5 through 7, 8.5, and 11; Chapter 4 (Site Plan Review), Section 8; Chapter 6 (Required Improvements), Article III; all of Chapter 7.5; Chapter 8 (Excavation and Fill Regulations), Articles I through VI; and Chapter 9 (Community Design Plan), Sections 10 and 11. Mr. Rumpf presented the changes in Group 4. These were still draft products submitted for review and comment. The Group Four rewrite encompassed environmental protection and design, buffering, exterior building and site design. Staff was still trying to promote user friendliness and promote public and professional involvement. Planning staff held a meeting with design professionals, landscape architects, tradesman and others for their input to assist in this effort. Exterior Building and Site Design would come at a later stage. The Environmental Protection, Landscape Design and Buffering would be reviewed. Mr. Rumpf explained when the rewrites are adopted applying these requirements to current projects could possibly cause non-conforming elements. Certain elements could be brought to Code without being problematic or cause monetary hardships to the property owners. There was nothing in the rewrite that dealt with retroactivity, vesting, non-conformities and things of that nature. There would, however, be other chapters dealing with processes and the application process. This Code only applied to applicability with new projects, major modification to existing projects, new areas that are paid. 6 Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 Tree preservation was reviewed and updated. Enhanced descriptive text pertaining to mangroves and their benefits and purpose to the environment was added. They increased properties that were subject to review for preservation purposes. Current Code required sites with 10 or more acres of scrub habitat to be under review. The revision would allow those subsets to be smaller as long as they are part of a larger 10 acre tract or adjacent parcel. The revisions identified landscape permits that were required. Excavation and fill requirements were reviewed. The revisions simplified categories of excavations. Littoral zones and planting requirements were reviewed. The landscape portion of the Code had an expanded purpose and intent section. Durability issues were reviewed and landscape design principles, i.e. natural landscape composition, buffering local character, drought tolerant/native were created. Areas of focus were energy, water conservation and storm durability of plants. A new area offocus was reducing sod (reduce watering) and more xeriscaping. This revision would be a visual issue as well as an energy and water issue. Vice Chair Hay commented it would require less water and less chemicals. This could be a visual issue. Chair Wische asked if xeriscaping could be invoked. Mr. Rumpf explained the word xeriscaping was a copywrited word, but the effort would be more ecological. They wanted to provide separation between areas, pervious areas and provide contrasting colors. Additionally, they wanted to design for durability. He showed slides of fallen trees due to the area being too small for the roots and gravel combined with the soil. The Code currently required 25 square feet for minimum planting area, and would now increase to 225 square feet for a large tree. They can still have small areas in parking lots but they would be for small trees. There are some drought resistant species that are colorful. Mr. Rumpf explained they were referencing and limiting plant selections to those contained in the South Florida Water Management District Publication called "Waterwise" The Code would require clean fill and would have a prohibited list contained in another publication issued by the Florida Exotic Plant Council. The tree measurement methodology would be changed to caliper size and spoke more to quality rather than quantity. Encouraging canopy trees over palm trees for ecosystem purposes, cooler environments and more screening purposes was added. Presently three palms equated to one canopy tree. They would have requirements for plant materials, water source, irrigation and installation, mulch, upland future/littoral landscaping in easements, landscaping in right-of-way. The revisions would allow easements to exist and overlap with existing landscaping in right- of-ways. The developer and designer would offset the buffers and easements. It was believed those changes would produce a better streetscape. Large and small island portions would have large trees or small trees to correspond with 7 Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 the areas on the site. Maintenance would be in accordance with the International Arborist Association, pertaining to the maximum height of hedges, cross visibility and safe sight, corner of right-of-ways so hedges would not obstruct the sight lines. The Urban Landscape Code addressed applicability in the central business district and mixed use districts. Different types of buffers would be identified and graphics would be provided in the document. There were different types of buffers such as those used in parking areas, or buffers used between different or incompatible zones. Landscape strips are the buffers along roads and the buffers themselves were between properties among others. There would be a perimeter urban landscape barrier which could be used for additional buffering and would be taller and more dense and could be flexible based on the type of use. The Suburban Landscape Code was similar to the Urban Code but would have different dimension requirements based on the environment it was in, i.e. commercial projects, landscape strips abutting right-of-ways. The downtown area and streetscapes were defined as having amenities such as pots and flower planted elements. The property owner would be responsible for moving the planted pots during hurricanes, if movable. The Interior Open Space Code now required a minimum number of trees to encourage green space and to be designed cooler and was consolidated and located central to the project. This was more of an ecological effort and it did not contain any pervious surface areas. Currently, 20% was contained in the Code and Mr. Rumpf clarified that the intent was meant for the large preserve areas. Mr. Blehar inquired whether planned residential and single-family housing districts in the older parts of town would have the maximum percentages of sodded areas. Mr. Rumpf explained those would be written into the PUD and currently was not written to apply to a conventional single-family district. Mr. Blehar asked if a detached single-family home that did not maintain their lawn appearance would be in violation under the current Code. He noted by enhancing the environment and saving water, the lawn would not be very attractive. He hoped they could develop an answer for new design for single-family housing landscaping allowing for maximum amount of water being saved while discouraging the use of sod. He thought most precipitation winds up as run off and hoped the percentage of detached single-family housing contributed to groundwater conservation and management. At the moment, the drought tolerant species did not apply to single-family districts. Mr. Saberson did not think it should be mandated for single family dwellings. Mr. Rumpf explained PUD's subdivided to single family lots were not mandated, but there was an opportunity to regulate PUDs that have fewer quantifiable regulations. The current Code was written to only have sod where needed. Mr. Saberson was concerned to what extent these species of trees give the same 8 Meeting Minutes Planning and Development Board Boynton Beach, FL October 23, 2007 opportunity for screening and buffering. There were native species that were dense and could buffer areas; he hoped the Code would allow flexibility to apply common sense. Mr. Saberson wanted to know what criteria was used for champion trees. Ms. Jaskiewicz inquired what the regulations for replacement were if they wanted to remove a tree. Mr. Rumpf explained at the present time removed trees were replaced by any tree. Mr. Saberson noted the two categories of trees listed were "dry and moist", and "low and medium". Mr. Rumpf advised staff would combine the two definitions and try to obtain additional copies of the SFWMD publication for the board members. There were no further comments received on the Land Development Code rewrite. Consensus There was unanimous consensus the board supported the staff rewrite. Vice Chair Hay and the board congratulated staff on their efforts. 8. Other None. 9. Comments by members None. 10. Adjournment Motion Vice Chair Hay moved to adjourn. Mr. Saberson seconded the motion that unanimously passed. The meeting adjourned at 7:45 p.m. o C!iuLt(fdil~4/fWM Catherine ChJrry-Guberman Recording Secretary 102507 9