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
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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.
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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
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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
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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.
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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
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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
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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
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