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Minutes 11-26-02MTNUTES OF THE PLANNZNG AND DEVELOPMENT BOARD MEETTNG HELD I~N COMM:[SSI~ON CHAMBERS, CZTY HALL, BOYNTON BEACH, FLORZDA ON TUESDAY, NOVEMBER 26, 2002 AT 7:00 P.M. Present Mike Friedland, Chairman William Cwynar Mike Fitzpatrick Edward Hillery Bob Ensler, Voting Alternate Alice Otis, Voting Alternate David Tolces, Assistant City Attorney Michael Rumpf, Planning & Zoning Director Lusia Galav, Principal Planner Maxime Ducoste-Amedee, Planner Eric 3ohnson, Planner Hanna Matras, Economic Planner Absent Woodrow Hay, Vice Chair Maurice Rosenstock 1. Pledge of Allegiance Chairman Friedland called the meeting to order at 7:00 p.m. and Mr. Cwynar led the members in the Pledge of Allegiance to the Flag. 2. :Introduction of the Board Chairman Friedland introduced the Board Members, Assistant City Attorney Tolces, and staff. 3. Agenda Approval Motion Mr. Hillery moved to approve the agenda. unanimously. Motion was seconded by Mr. Ensler and carried 4. Approval of Minutes - November 14, 2002 MQtign Mr. Hillery moved to approve the minutes. unanimously. Mr. Cwynar seconded the motion that carried Meeting Minutes Planning & Development Board Bovnton Beach, Florida November 26, 2002 5. Communications and Announcements A. Planning and Zoning Report Final disposition of the November :L4 2002 Special Planning and Development Board meeting. Mike Rumpf, Planning & Zoning Director, reported on two items from the November 19th Commission meeting. The Fookes variance concerning the storage shed was approved by the City Commission, subject to removal of the shed from the easement and proper landscaping. The Boynton Beach Medical Pavilion, which was an administrative appeal, was denied by the Commission but granted a time extension to keep the project alive. Mr. Rumpf also wanted to respond to a question that was raised at the last Planning & Development Board meeting where a special meeting was set to process a DRI. When the application was postponed, there was a question on how that could occur when there was such a tight timeframe. ]~t was determined that this was acceptable as long as it was requested and mutually agreed upon by the applicant and the City. He also announced that the Hawks Landing project, which had been advertised, had been postponed to December 19m. Assistant City Attorney Tolces swore in everyone who wished to offer testimony. 6. New Business: A. Develooment of Reaional Imoact Amendment Project: Agent: Owner: Location: Description: Motorola (DR.I:A 02-002) R. Duke Woodson, Foley & Lardner Maury L. Carter & Associates, ~nc. Southeast corner of Gateway Boulevard and Congress Avenue Request to amend the Motorola DR~/Master Plan to allow retail, commercial and 500 residential units on 48.1 acres of the 87.4-acre site 2 Meeting Minutes Planning & Development Board Bovnton Beach, Fl~rid~ Ncvember 26, 200~ Lusia Galav, Principal Planner, explained that the Motorola site is a Development of Regional Impact. The applicant requested an amendment to the originally adopted Development Order. The Motorola development was originally approved for 825,000 square feet of industrial and office land use and was originally to be developed in three phases. Phases one and two were actually developed. The new owners are requesting to change a portion of the site to accommodate some different uses. The uses proposed are 500 multi-family residential units, 63,500 square feet of commercial space, 450,000 square feet of office space, and 128,000 square feet of warehouse space. They are proposing to have the existing structure remain. Ns. Galav explained that the City's C-3 zoning would accommodate the retail uses, townhouses, or multi-family rentals that the applicant is proposing. An amendment tO a DRI requires that the City review the DRI to determine whether it is or is not a substantial deviation according to the criteria in Chapter 380. There are two criteria that apply in this case: The change proposed is for 15 percent or more of the acreage to a land use not previously approved. 2. Increases and decreases in terms of trip generation and uses. The applicant provided a traffic study. The County must review the traffic based on concurrency. Also, the Regional Planning Council and D.O.T. have expressed some objections to some of the methodology used in their trip formula. Those issues have not yet been resolved. Because of the two criteria, this development is presumed to be a substantial deviation until it is rebutted by clear and convincing evidence from the applicant. The applicant can resolve these issues before the public hearing by the City Commission on December 17u~. The master plan modification has gone to the Technical Review Committee and was reviewed for regional impact and local impact. The regional impact generally deals with traffic and that is an outstanding issue. Concerning the local issues, the applicant proposes two additional entrances on Congress Avenue and those would need approval by the City and the County. This could be handled at time of site plan approval. Utilities (water and sewer) are another major issue. The development was vested for a certain square footage and a certain type of development and vested for certain gallonage for water and sewer. The proposal would increase the water and sewer and may cause an impact to the current infrastructure in place to provide utilities. The applicant has worked 3 Meeting Minutes Planning & Development Board Bovnton Beach, Florida Noveml)er 26. 2002 with the Utilities Department and come up with conditions of approval. The City would conduct a study, at the applicant's expense, to review the impact to the infrastructure. :[f there are additional infrastructure needs, the costs would be borne by the developer. Ms. Galav stated that there are burrowing owls on the site. The applicant applied to the State of Florida Fish & Wildlife Conservation Commission for a permit for a migratory bird nest removal application. The applicant applied to the Palm Beach County School District and received school concurrency approval. They will be subject to the Park & Recreation impact fee at time of site plan approval. :[n addition, staff is working with the applicant on providing a greenway easement along the LWDD E-4 Canal and the Boynton Canal. :[n conclusion, Ms. Galav said that the only regional issue of significance is the traffic and that will determine the substantial deviation question. That will be addressed later in the process. Staff recommends approval of the master plan subject to the conditions of approval. Mr. Hillery felt that with the regional problem and the need to conduct a water and sewer survey, it was pre-mature to bring this to the Board. Ms. Galav responded that the applicant agreed to the conditions of approval regarding utilities. They can occur as the site develops. She said that they expect the traffic issue to be resolved before the public hearing. There is also a statutory time frame to adopt a notice of proposed change. Mr. Fitzpatrick noted that the modification to Policy :[.19.2 of the Comprehensive Plan has only had a first reading. :[f it does not pass, he wondered how that would affect this project. Ms. Galav explained that even if this policy amendment is not approved by the Commission, the DR1 could go forward. The policy would affect the land use amendment and rezoning more than the DR:[ process. The project is generally consistent with the policy because of the changing market conditions. :[t is almost impossible to accommodate a one-user site; therefore, different alternatives in the use of that site must be looked at. In response to Mr. Hillery's question regarding the time frame, Ms. Galav responded that the State Statute sets the time frame for 90 days. Duke Woodson, Foley & Lardner, introduced .]eft Douglas, who represents the owner, and Mark Mandell, who owns the day care at the corner. Mr. Woodson explained that the 4 Meeting Minutes Planning & Development Board Bovnton Beach, Florida NQvember 26, 2002 applicant filed this application in mid September. At that time, they submitted a traffic analysis to the County, the Regional Planning Council, and D.O.T. This project was originally approved for 13,020 trips. The applicant does not want to go over that number of trips. He said that with the traffic model, they backed into the land uses. They estimate that 500 residential units could be put on the property, the day care would remain, and they estimate a certain amount of commercial square footage. The agencies have not given any reaction except for a series of questions received in mid November. They questioned certain assumptions that the applicant made. If the applicant cannot agree with all those agencies, they will scale down their land uses so that they do not exceed 13,000 trips. The City Commission could see less apartments and less commercial square footage on December 17~. However, they want a mixed-use project. The water and sewer issue is a local issue. The project was originally approved for 127,000 gallons per day and that will be exceeded. They have worked with the Utilities Department and reached an agreement on language to address that. Mr. Woodson stated that regarding the water system, there are capacity issues under the Water Management District permit. The applicant may need to pay additional monies to reserve additional capacity. Regarding the existing sewer system on the property, the City believes there may be a capacity problem and wants to conduct a study. If there is a problem and it is because of the increase in capacity, the applicant would fix it. In response to Mr. Hillery's question regarding extending the statutory time, Ms. Galav said that could be done only at the request of the applicant. .left Douglas, representing Maury L. Carter & Associates, stated that there are very few one user DR]:s in the entire state. With the fall-out of the communications business, there is little hope to fill up this kind of property with a single user. They have invested $20 million in this project. They went to the marketplace to see what was needed here and the market dictated that mixed use was the best approach. The number one concern is the traffic generation and they do not want to exceed the number of trips already allowed. They will spend their own money to see whether there is a utility problem. Tf there is an issue, the owner will pay. Mr. Ensler wondered whether these units would be rental or fee simple. Mr. Douglas did not know the percentage at this time but said that there would be some of each. He said the percentage could be 50, 60 or 70 percent. They had not received one phone call for office or industrial use but there have been 23 contracts submitted for residential housing for that property. In response to a question, Mr. Douglas said they would know more about the figures at time of site plan approval and when the project goes to the Commission. Meeting Minutes Planning & Development Board BQynton Beach, FIQrida November 26, 2002 Mr. Cwynar asked whether they have closed on the property and Mr. Douglas responded that they had. Kahart Pinder, Pinder Troutman Consulting, Znc., stated that the DR]: vested for the site was for 1,634 peak hour trips. He clarified that this was for the DR]: that was approved for Motorola. The 13,020 was the daily volume. Mr. Hillery wanted to know what the daily trip volume was when Motorola had 4,000 employees. Mr. Pinder responded that the estimate was approximately 1,100 per hour and approximately 9,700 trips daily. Mr. Fitzpatrick said that as a long- term resident of Boynton Beach, he wondered how this project would improve his quality of life. Mr. Douglas replied that currently, this is vacant property that does not generate much tax. This project would introduce higher paying jobs, support local businesses, and provide bikeways. There is a big demand for housing. Ms. Otis questioned whether they have potential tenants for high paying jobs. Douglas said that it was too early to know. Mr, Chairman Friedland opened the public audience. James Miriana was very concerned regarding high density in the City and the traffic situation. He thought Boynton Beach was becoming a metropolis, which a lot of people do not want. Michael Kusz shared Mr. Miriana's concerns. He questioned why high density residential is being built in the City rather than single-family homes. He felt that rental units encourage transients and there are too many apartments in the City, He stated that he was having difficulty finding a place to build a single-family house in Boynton Beach. Single-family homes would create less traffic and less utility use. He encouraged the Board to free up land for single-family homes. Mr. Ensler questioned the issue of substantial deviation. Ms. Galav said that the determination is made by the City Commission and the only issue is traffic. Mr. Ensler asked what justification could be given to those people who have objected to the loss of industrial land in the City. Ms. Galav responded that there was a change in the policy direction from the City Commission. Meeting Minutes Planning & Development Board BQynton Beach, FIQrida N~vember 2G, 200:~ Mr. Ensler asked whether the Board would be creating an isolated pocket for the residential units and Ms. Galav did not consider this an isolated pocket. Chairman Friedland said that they cannot stop growth in this community. He was comfortable that the traffic and utility issues would be resolved and the Board would know the percentage of rental units later in the process. He believed that because the City is very narrow, the best use of the land is for higher buildings. Kay Yates, a west Boynton resident, was interested in greenways and preserving some of the non-populated land. She asked how much land would be set aside for a greenway. Mr. Douglas stated that their proposal is to have a dedicated area for a walkway. It would be deeded to the City. They also hoped to connect the walkway to the community. Mary Law, 625 S. Federal Highway, asked that the burrowing owls be kept on site and protected. She hoped that the water study takes into consideration all the other developments and that we would have a sufficient supply of water. The public audience was closed. Motion Mr. Ensler moved that DI~A 02-002 for the Motorola site be approved subject to the conditions of approval. Mr. Cwynar seconded the motion with the amendment that the developer will agree to pay any costs for studies to determine the adequacies of the water, sewer, and trip generation analysis as well as any costs to make the improvements to said infrastructure as needed. Mr. Ensler asked staff whether the amendment was appropriate. Ms. Galav replied that as far as utilities are concerned, that condition is already in the conditions of approval. The City is going to conduct the study and the applicant will pay for the study, When asked whether the applicant agreed with all 13 conditions of approval, the answer was affirmative. Mr. Fitzpatrick asked that comment #8 be modified to read "At time of site plan approval for any portion of the site included in the NOPC Amendment #1 request, the applicant will provide a greenway and bike easement along the east and south sides of this property along the E-4 Canal and Boynton Canal. Dimensions are to be 200 feet wide, 3,500 linear feet, totaling 16 acres, plus or minus." 7 Meeting Minutes Planning & Development Board Bovnton Beach. FIQrid~ NQvember 26. 2002 Mr. Douglas felt that 16 acres would create a maintenance nightmare for the City. He could not agree with the 200 feet. Mr. Ensler questioned whether the City would be responsible for the maintenance even if the applicant agreed to the condition. Ms. Galav said that it could. At the present time, the comment states that the applicant is going to work with the City to provide a greenway; however, it was not known what it would be because staff does not know what their site development plan is at this point. Mr. Ensler was not willing to accept the amendment. Assistant City Attorney Tolces stated that the motion was to approve the NOPC Amendment #1 sUbject to the 13 conditions of approval with the addition of the traffic analysis payment because the water study is already provided for as one of the conditions. Vote The recording secretary called the roll and the vote was 3 to 3 with Messrs Fitzpatrick and Hillery and Ms. Otis dissenting. The motion failed. City Attorney Tolces stated that this item would move forward to the City Commission without a recommendation by the Planning & Development Board. A recess was declared at 8:30 p.m. and the meeting reconvened at 8:38 p.m. B. Land Use Plan Amendment/Rezonino Project: Agent: Owner: Location: Description: Hotorola (LUAR 02-007) R. Duke Woodson, Foley & Lardner Maury L. Carter & Associates, :[nc. Southeast corner of Gateway Boulevard and Congress Avenue Request to amend the Comprehensive Plan Future Land Use map to reclassify 49.695 acres of the Motorola DR[ from Industrial (:[ND) to Local Retail Commercial (LRC); and Request to rezone 49.695 acres of the Motorola DRI from Planned Industrial Development (PID) to Community Commercial (C-3) For multi-family, and commercial development 8 Meeting Minutes Planning & Development Board Bovnton Beach, Florida NQvember 26, 200;? Mr. Ensler inquired whether it was appropriate to hear this item if the previous item was rejected. Assistant City Attorney Tolces responded that this is a separate item and should be heard. The first item was not necessarily rejected. It was forwarded to the City Commission without a recommendation. The Planning & Development motion failed and there was no subsequent motion. Hanna Matras, Economic Planner, presented the item, which is an application to reclassify a portion of the DR[ from Industrial to Local Retail Commercial and rezone from Planned :[ndustrial Development to C-3 Community Commercial. The code has eight criteria for staff to analyze. There are three that touch on economic issues, two on compatibility with current and future land uses, one regarding consistency with the Comprehensive Plan, and one regarding the impact of the amendment on public facilities. She stated that the Comprehensive Plan Policy 19.2 has not been approved yet. Policy 1.15.:L deals with mixed commercial and residential uses in C-3 zoning. The proposed amendment is consistent with both of these policies. Hr. Hillery questioned the staff report under "conclusions" where it states that this request is consistent with the intent of the Comprehensive Plan and will not create additional impacts on infrastructure that has not been anticipated. Ms. Matras responded that all of those issues would be resolved after working with other agencies and departments. Mr. Hillery could not understand how they would be resolved when the study has not been completed. He also had concerns with the infrastructure. Ms. Galav responded that the traffic will be determined and resolved by December 17th. Otherwise, it would be a substantial deviation and the developers would have to re-study their development. The developer does not want to go over that trip generation number and will work not to go over it. Ms. Galav explained that the Utilities Department has stated that water is available for this site and the applicant would just have to pay for it. If there is an impact on the sewer system, the applicant would be required to mitigate it and they have agreed to this. Duke Woodson, Foley and Lardner, stated that the staff report says that the applicant must meet six criteria to qualify for rezoning and a Comprehensive Plan amendment. Staff has said that they meet those criteria. He believes that they are legally entitled to the amendment and rezoning. In 1979 the Planning & Development Board approved this project for 127,000 gallons of water and sewer a day. The staff report states that there is no impact. That is because the applicant would either have to fix the problem or cannot go over what a prior Board has approved. 9 Meeting Minutes Planning & Development Board Boynton Beach, FIQrid~ NQvember 26, 2002 Hotion Mr. Cwynar moved to approve item 6.B.1 Land Use Amendment for a request to amend the Comprehensive Plan Future Land Use map to reclassify 49.695 acres of the Motorola DRI from Industrial to Local Retail Commercial. Mr. Ensler seconded the motion. The recording secretary called the roll and the motion failed 3 to 3 with Messrs. Fitzpatrick and Hillery and Ms. Otis dissenting. Motion Mr. Cwynar moved to approve the request to rezone the 49.695 acres of the Motorola DR! from Planned ~[ndustrial Development to Community Commercial C-3 for multi-family and commercial development. Mr. Ensler seconded the motion. The recording secretary called the roll and the motion failed 3 to 3 with Messrs. Fitzpatrick and Hillery and Ms. Otis dissenting. Assistant City Attorney Tolces stated the three items would go forward to the City Commission without any recommendation from this Board and then the Commission would take whatever action they deem appropriate. C. Use Approval Project: Agent: Owner: Location: Description: Gateway Plaza (USAP 02-002) H. Burton Smith, P.E. KWB Charitable Trust Lot 91 - Quantum Park P]~D (Northeast corner of High Ridge Road and Gateway Boulevard) Request for use approval for a gasoline dispensing establishment and convenience store on Lot 91 in the Quantum Park Eric .lohnson, Planner, reported that this item was tabled from the last Planning & Development Board meeting. The applicant is here to request a use approval for a convenience store with gas sales or a gasoline-dispensing establishment with an accessory car wash. They propose diesel fueling stations, which the applicant states will provide a service for trucks or trailers that make deliveries to and from the Publix Distribution Center. In 1999, this site was approved for an ice skating rink, the Frozen Ponds. Since that time, the site plan for Frozen Ponds expired. Within the same time frame, Mobil on the Run was approved. As a part of this approval for Mobil, there was a stipulation that restricted the entire PID to one gas station. A second gas station, therefore, would be in violation of this previous project's condition of approval. 10 Meeting Minutes Planning & Development Board BQynton Beach, Florida November 26, 2002 This request for use approval would also constitute a request to amend that condition of approval for the Mobil gas station. When evaluating a request for a use approval, there are :~:1 performance standards and the applicant has indicated their compliance with all standards. Staff endorses the concept of limiting the P:[D to one gas station. Staff had concerns regarding traffic that could be generated from this site although the use is covered for concurrency purposes for trip generation. However, site-specific traffic issues have not been addressed. Tractor-trailers would be going to and from the site and staff had concerns regarding the potential for hazardous conditions in the future. The applicant submitted a vegetation analysis for Gateway Plaza. There are 800 trees on the site and there was the question of how the gas station would impact those trees. Mr..]ohnson stated that if the Board approves the request for use approval, these are the conditions of approval: 1. A tree survey is required 2. Environmental review approval shall be required prior to the issuance of an occupational license or a C.O. Iqichael Weiner, representing the applicant, stated that they delivered a letter today regarding the second part of this site - the conditional use and site plan. They requested that it be postponed since they received a report from the City with additional concerns regarding the site plan. They want to address those concerns. Motion Mr. Cwynar moved to amend the agenda to table item D.1 to the December 19th meeting. Motion was seconded by Mr. Hillery. Mr. Fitzpatrick thought that the items should be heard together. Mr. Weiner responded that the only reason they are on the same agenda tonight was because at the last meeting, they had to table this. They usually are separate. Vote The roll was called and the motion to table carried 5 to 1 with Mr. Fitzpatrick dissenting. Mr. Weiner said that the staff's analysis is based on the following points: 1. The performance standards set forth in Chapter 2 of the Land Regulations and the PI~D ordinance. 2. Some negative impacts that might be a problem with this site plan 3. The limiting of one gasoline station within the PTD Development Meeting Minutes Planning & Development Board BovntQn B~pc;h, Fl¢)riq~a N~veml)er 2G, 2002 The manner in which uses are approved in a PID is that the Planning & Development Board would make findings that the use will not be in conflict with the performance standards and that the uses are consistent with the intent and purpose of the Pi[D. Staff had no real problem with this project meeting the performance standards. Mr. Weiner presented a letter to the recording secretary to be made a part of the record. The letter was from Charles Pace with respect to this project. This is marked "Exhibit A" and is attached to the original minutes on file in the office of the City Clerk. :It outlines that the project meets all performance standards. This letter is almost the same as the Mobil letter and Mobil was passed. The ordinances state that the use will be consistent with the intent and purpose of the PTD section. Mr. Weiner read the subsection entitled ":intent & purpose," which states "Regulations for PID are intended to accomplish a more desirable environment for industrial development in relation to existing and/or future City development." The correct analysis on use is whether or not you allow a more desirable environment for industrial development. He pointed out that there is truck traffic in Quantum Park. :independent truckers require refueling and they now add to traffic by using the surface roads. This project would allow truck traffic to use the main roads for refueling purposes and then immediately return to the :i-95 corridor. This station would encourage development. Tt would be better for residences because the trucks would be channeled onto the main road and then back onto :I-95. Regarding staff's concern on traffic safety, Mr. Weiner noted that there was not a concern to the previous approved station or the ice skating rink. The rink generated more traffic, included a larger structure, and had a larger parking lot than this particular site plan. The ice skating rink had 292 parking spaces and this project would have 23. He stated that his client would do whatever is appropriate to meet safety requirements. Burr Smith, Civil Engineer for the project, stated that the site plan had been designed to meet F.D.O.T. standards. Richard Wensing, Architect, said that they are very concerned about safety. They have designed many service stations. They designed this project to keep pedestrians, trucks, and cars as far apart as possible. They designed it to have the car traffic coming in off of High Ridge Road and keep the truck traffic separate by having two entrances. He believes they have addressed the safety issues in their design. Mr. Cwynar questioned how they propose to get the trucks in and out without going to the Tri-Rail access road and coming out onto High Ridge Road. 12 Meeting Minutes Planning & Development Board Bovnton Beach, Florida NQvember 26, 2002 Mr. Weiner stated that they are going to add some things that will decrease the traffic on that road. He will explain more on this later in his presentation. Mr. Ensler said that truck stops are listed as a prohibited use. Mr. Weiner responded that this is not a truck stop. There will be no towering sign on :[-95. There will be no sleeping accommodations, only refueling. Mr. Hillery felt that we would be encouraging trucks coming off of 1~-95. Mr. Weiner responded that that is not the case. There are only a few pumps and Palm Beach County has the highest taxes on gasoline. Mr. Weiner explained that his client wishes to propose an area to retain habitat and also to further accommodate Tri-Rail and public transportation. His client would be willing to dedicate 32 parking spaces on the northeast corner to decrease the congestion on the roadway system that goes into the Tri-Rail. At the time of the last gasoline station approval, it was to be the only one. Mr. Weiner said that one station is not sufficient for 550 acres in Quantum Park. The Commission could end that monopoly. The ordinance allows two gasoline stations at these types of intersections. He asked whether they would want everyone to depend on only one gas station in the event of a hurricane evacuation. One of the Planning & Development Board members present when the Mobil station was approved suggested that with only one gasoline station, pricing would be affected. Mr. Weiner presented an excerpt from the Planning & Development Board minutes dated April 27, 1999 to be a part of the record. This is labeled "Exhibit B" and is attached to the original minutes on file in the office of the City Clerk. In conclusion, Mr. Weiner stated that because of the size of Quantum Park, the need to service the public, and the fact that a monopoly has been granted for no real purpose, there is no reason to deny the application. His client meets the spirit of the intent of the PID ordinance and wants to address the site plan issues. The reason for the postponement of the site plan was so that they can address other comments. This will be a better site plan with less impact than the ice skating rink and it will assist public transportation and clear up congestion. The Public Audience was opened. Lisa Hanley, 175 SW 2nd Street, did not understand the need for a station, as there are several diesel-refueling stations on Hypoluxo Road along :[-95. Regarding Mr. Weiner's concern regarding evacuation, Quantum Park has the highest elevation in Boynton Beach 13 Meeting Minutes Planning & Development Board BoyntQn Be~¢h, FIQrid~ NQvember 26, 2002 and no one in Quantum would need to evacuate. She takes her son to the Tri-Rail station to go to school and she does not want to stand in line with diesel trucks. Bonnie Miskell, 222 Lakeview Avenue, West Palm Beach, said that she represents the neighbor who recently obtained approval for the townhomes and this project could impact her clients' property. Her clients have concerns regarding the use, particularly the diesel dispensing. Her clients are not necessarily opposed to this project but do not know what they are specifically proposing as far as the site plan is concerned. She requested that this Board consider the two applications together because once one is approved, the other is ministerial. She would like the applicant to speak with her client directly since her client may be impacted. Bruce Gay, Pace Development, stated that this is not a truck stop. They want to fuel the trucks and limit their stay. There are no amenities for truckers. The truck traffic does not pass lot 89. Mr. Weiner said that his client would be happy to meet with Ms. Miskell's clients, the owners of lot 89, to address their concerns regarding the site plan. The truck traffic wilt not go up High Ridge Road when there is an :[-95 entrance there. Chairman Friedland stated that he is the only current Planning & Development Board member who was on the Board when the previous gas station was approved. He explained that when the Mobil Station was approved, he was very much in favor of it because it was needed and it was right off of 1-95. it was firmly agreed upon to limit it to one station. As he recalled, there were several members at that time that did not want any gasoline stations there. M~tion Mr. Hillery moved that item 6.C.1, Gateway Plaza (USAP 02-002), Request for Approval, be denied. Mr. Fitzpatrick seconded the motion that carried unanimously. Use D. Conditional Use/New Site Plan Project: Agent: Owner: Location: Description: Gateway Plaza (COUS 02-005) H. Burton Smith, P.E. KWB Charitable Trust Lot 91_ - Quantum Park PI:D (Northeast corner of High Ridge Road and Gateway Boulevard, Quantum Park P:[D) Request for conditional use/site plan approval for gas station/convenience store/fast food restaurant with drive through on a 6.54-acre parcel 14 Meeting Minutes Planning & Development Board Bovnton Beach. Fl~rid~ November 26, This item was tabled earlier. E. New Site Plan/Master Plan Project: Agent: Owner: Location: Description: South Congress Residential (NWSP 02-017) .lamie Gentile, Kilday & Associates, Inc. Congress l~ndustrial Park, LLC East of Congress, South of Golf Road Request new site plan approval for a 340-unit multi- family development on a 32.16-acre parcel Maxime Ducoste-Amedee, Planner, explained that the existing land use and zoning is Industrial. The proposal is for High Density Residential. It is an irregular vacant parcel of 32.2 acres. There are approximately 6.5 acres that would be used for conservation along Congress Avenue. The developer is proposing to construct 340 rental apartments in 22 buildings. They would include four building designs with some being three-stories and some two-stories. The developer proposes one central main driveway that connects to Congress Avenue. The project consists of one, two, and three-bedroom units. There would be a recreation building with a swimming pool and tennis court. The main color is yellow with pastel accents and the roof is concrete tile. The corresponding application for a land use amendment was approved for transmittal to the state on .luly 2, 2002 and will return to the Commission concurrent with this request. The approval of the land use amendment and rezoning application and final adoption by the City Commission and approval by the Florida Department of Community Affairs is required as a condition of the site plan approval. There is one main entrance at the western portion on Congress Avenue. The entrance provides both right and left turns onto Congress Avenue. The project does not provide any secondary access to the development and staff recommends the construction of a secondary access at the southwestern portion of the property. There are 624 parking spaces required and the project provides 664 parking spaces, including 20 handicap spaces. Staff recommends approval subject to the conditions of approval. Bonnie Miskell stated that the staff report is extremely comprehensive. Her client concurs with all of the conditions but they request modification to condition #7. This concerns the secondary access. She suggested that they be given the option to approach the Lake Worth Drainage District to see whether they would allow the developer to use a portion of their easement in order to provide the fire and secondary access along the south property line so that they would have minimal modifications to their plan. l~f they run a secondary access along the south property line, they could avoid cutting the berm 15 Meeting Minutes Planning & Development Board Bovnton _Reach, Florida NQvember 26, 2002 open. She has spoken to Development Director Quintus Greene regarding this modification and he had no concern assuming that it was acceptable to the Fire Department. ]:n response to Hr. Hillery's question regarding whether the berm was sufficient to shield all of the parked cars, Ms. Miskell answered that it was. Hr. Fitzpatrick requested to add a condition #44 to read "The applicant will provide a greenway/bike easement along the east and south sides of this property along the L-30 Canal and E-3 Canal, 100 feet width, approximately 1,843 lineal feet for a total of plus or minus 4.3 acres." Ms. Miskell stated that they do not have the space to provide that. She did not see any continuity to any properties to connect to. Mr. Fitzpatrick felt that this was a crucial greenways link. Ms. Miskell again said that they did not have the space. Mr. Ensler commented that the applicant met with the all of the association presidents at Hunters Run and the presidents voted to support this project. Mr. Fitzpatrick felt that Hunters Run supported this because they were afraid that if they did not, ugly industrial uses would be placed there. He believed that there would be mostly young renters at this proposed project and he was concerned regarding traffic safety with these residents and the residents of Hunters Run. Motion Mr. Cwynar moved to approve item 6.E.1, South Congress Residential, Request for a New Site Plan Approval, subject to staff's conditions, with comment #7 being amended as requested by the applicant. Mr. Ensler seconded the motion. When asked for clarification on the amendment to comment #7, Ms. Miskell stated that the amendment should read "The option to utilize the Lake Worth Drainage District and a portion of the south side of the property as the opening for secondary access to the satisfaction of the Fire Chief and the Drainage District." Vote The motion passed 4 to 2 with Mr. Fitzpatrick and Ms. Otis dissenting. 2. Project: Staples (NWSP 02-018) Agent: Bradley Miller, AICP, Hiller Land Planning, ;[nc. Owner: Woolbright ]:V, LLC Location: Shoppes of Woolbright PCD (Portion of Tracts "A" and "E'3 16 Meeting Minutes Planning & Development Board Bovnton Beach, Florida N~vember 26, 2007 Description: Request for new site plan approval for a 30,438 square foot retail store on a 4.10 acre out-parcel in the Shoppes of Woolbright PID Eric .lohnson, Planner, explained that this was for site plan approval to construct two commercial buildings in an out-parcel of the Shoppes of Woolbright PCD. The out-parcel is located on the northwest corner of the PCD. There is a slight change to the staff report. The building area of the Staples building would be 20,675 square feet. Therefore, two extra parking spaces would be required. If approved, there would have to be a condition #16 stating that a total of 155 parking spaces would be required. Staples will enhance their fac~ade to be more compatible with Home Depot and Home Expo. The applicant agreed to all staff conditions. Staff is recommending approval subject to the 15 conditions in the staff report plus the 16~ condition. Bradley Miller, Miller Land Planning Consultants, is representing Staples. He clarified that in Condition #14, they agreed to cut off the red tile area at the edge of the flared columns and remove it from the sides. Regarding Condition #15, they agreed to add a cap on top of the sign, which is where the address would be placed. They want to maintain the 7 feet of height and the cap would go above that. Hr. Hiller said that staff talked about the tenant signs matching up with the Staples portion of the sign. Hr. Johnson clarified that staff wanted the same white letters that Staples has and Mr. Hiller agreed. The only exception would be if some national chain comes in. Hr. Miller agreed with the new condition that Mr..lohnson added tonight. Hr. Ensler requested information on the colors. Mr. Bradley stated that they were trying to match colors and some of the architectural features of Home Expo. The colors would be in beige tones for the main structure and red tile for their logo. Motion Mr. Ensler moved that the Site Plan (NWSP 02-018) for Staples be approved subject to the conditions of approval as modified for items 14 & 15 plus the addition of comment #16. Mr. 3ohnson said that Condition #14 would be fine the way it is because the applicant and staff agreed to work that out. Condition #15 would need to be modified so that the tenant signs would not be the same font. 17 Meeting Minutes Planning & Development Board Boynton Beach, Florida N~vember 26, 2002 Mr. Ensler asked whether modifying Condition #15 to add a cap on top of the 7-foot sign and adding Condition #16 requiring a minimum of 155 parking spaces would be appropriate and Mr. Johnson agreed. Ns. Otis seconded the motion that carried unanimously. 7. Other 8. Comments by members Mr. Cwynar questioned whether the Board members needed all the paperwork they receive before Board meetings. After some discussion, City Attorney Tolces said that from a legal standpoint, he would prefer that the Board receive the actual package that is submitted. Mr. Fitzpatrick noted that he had gone to the shed supplier that the Fookes (variance request) used and was told on two occasions that no permit was required. He asked whether the Planning & Development Board could send a letter to this supplier. Rumpf requested that Mr. Fitzpatrick E-mail the information to him and he would handle it. 9. Adjournment There being no further business, the meeting properly adjourned at 10:25 p.m. Respectfully submitted, Bonnie Glinski Deputy City Clerk (four tapes) ' t_ 18 ._EX~II.~;IT ,~ '- 1.: /26/02 Minutes November 25, 2002 PACE DEVELOPMENT SERVICES 6662 Grand Orchid Way Delray Beach, Florida 33,146 Mr. Michael Rumpf City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Re: Gas Station of Quantum Park Use Approval for Gas Station Dear Mr. Rumpf: By this letter, I am certifying the following with respe,:.t ::o Ih( :~o. ve ~ne, tioned application. The gas sales facility, convenience store and car was. lq .viii ::.~) T f:iy w ::~ al of the City's performance standards. They are individually addre::sed as f<',llows: 1. Noise: Nosound will be created which i:: in~h~ a ::,ri oJ !ec! <)n 1 :- 8 of the City of Boynton Beach Code of Ordinances. 2. Vibration: No ground vibration will be generated by tqe ~ ~': pc,s:!J u e. 3. Smoke, dust or other particular matter: No emissi ,n of .< n :~ <,::, ,[ Jst, :Jirt: or other particular matter will be created. The proposed uses will not :dlow ih.:. substances in violation of any federal, state, county, or city lavv~ ~r per ~' it: go' ~:rni :g :he emission of such substances. 4. Odors and Fumes: No objectionable or offen::He od)l:: v~il 3e ea<:{ilv perceptible at any point beyond the industrial district. 5. Toxicor noxious matter: The proposed usewill not~dlo~r¥~:n ,, :oxi~ 3r i o×iOLlS matter to be discharged in such concentrations as to cause damage 1o pro~ ~ -~, or ~, ~ge ation, discomfort or harm to persons or animals, or prevent reasonable use a-~d en~ ~) ~ ~e~t )f pr ~perty or rights-of-way at or beyond the property line or to contaminate :ny pLl: i~ wamrs ,r any groundwater. 6. Fire and Explosion: Local, State and Federal regulations related to gasoline storage, transport and sale require strict safety standards to be followed in the development of this facility. 7. Heat, Humidity or Glare: The proposed use will not create any large amounts of heat, humidity or glare that will affect the surrounding property. The proposed lighting will conform the maximum foot-candle standard established by the Cit of Boynton Beach Code. 8. Liquid Waste: Any disposal of liquid waste will be in conformance with the provisions of Chapter 2 6 of the Boynton Beach Code of Ordinances and any applicable federal, state or county laws or permits. 9. Solid Waste: Any accumulation or disposal of solid waste will be in conformance with Chapter 10 of the City Boynton Beach Code and Ordinances and will not be transferred to adjacent property or right-of-way. 10. Electromagnetic Interference: will be created. No electromagnetic radiation or interference 11. Hazardous Materials and Hazardous Waste: No hazardous materials or - waste will be created, stored, or handled with the proposed use. Thank you for your assistance on this matter. Sincerely, Charl'~s~ce CP:vf BOYNTON BEACH, FLOR~A __EXHIBIT B APR/L27,1999 11/26/02 Minutes Mr. Myott noted that there were comments from Development regarding the aesthetic issues of this building. He requested that the applicant try to incorporate more of the features Boynton Commons has into the exterior of this building. Vice Chairman Oub~ pointed out that this request would not result in any change in the Comprehensive Plan. The motion carried unanimously. 3. Project: Mobil Station at Quantum Park PZD (Originally appeared on agenda as Item 7.8.1) Agent: Michelle Coward Owner: Quantum Park Partners Ltd. Location: Southwest corner of Gateway Boulevard and High Ridge Road Description: Request the list of approved uses for the Quantum Park P]:D be'amended to include gasoline sales with convenience store and car wash Anna 'Cottrell, 319 Clematis St~eeb West Palm Beach, represented th~ applicant. She said this request is part of the evolution of the changes taking place in Quantum Park. Quantum park is now intended to become a full-service park. The service staUon will serve the needs of the employees in the park as well as the general traffic. There are no impacts on any residential uses and it takes advantage of already exi~ng volumes of traffic. This will be a convenience service for the Park. At'mr reviewing the map that indicated gas station and auto repair uses within the City, Mr. Hyott advised that there is a gas station at Gateway Boulevard and Federal Highway. Ms. Cottrell agreed that the gas station exists approximately 11/2 miles- away from this proposed gas station. Vice Chairman Dub& expressed his opposition to any additional gas stations in Boynton Beach. Nthough this area may need the staUon, he is against Mobil getting a staUon with no competition. He felt Mobil would be given carte blanche. This station will create an increase in the traffic coming off Ms. Cottrell pointed out that this Is an issue that will be faced by localities that have reduced the number of opportuniUes for gas stations. Gas stations that have been located on comers have been reduced in size and are becoming functionally obsolete. There are no opportunities to bring them up to standards because of the site sizes. Other gas stations are dose enough to this proposed station to create some competition. Most of the ~ers will be drive-by customers and people will drive a distance if the prices are not competitive. PLANNZNG & DEVEL. OPMI~ BOARD ~OYNTON BEACH, FLORZI& ; APR/L 27, 1999 Vice Chairman Oub~ asked for clarification of the stdp of land to the north that fronts the street at the comer. Ms. Cottrell advised that DOT has ownership of'that land and they are retaining it for future right-of-way. There are no plans to use it. Following that explanation, Vice Chairman Dub~ said this property does not qualify for a gas station since it is not on a comer. Ms. Cottrell explained that it is on a right-of-way. There is no intervening property owner. Mr. Rosenstock said he could understand the new owners of Quantum Park wanting to sell as much land for as many uses as they can in order to make a profit. However, the City had grandiose ideas about how Quantum Park would be used. There were plans for scientific research centers, industrial sites and others.' When the Simon Group appeared before the Commission, they proposed other changes they wanted to make. It is Mr. Rosenstock's opinion th~;. the Park is being whittled away parcel by parcel. The Park now contains a fast-food restaurant, two hotels, an auto resale business and now a gas station. Mr. Rosenstock said he couldn't support this request for all of the reasons he has stated in the past. Mr. Reed said there is at least one other location in the City where there is a Mobil station that has no competition and it affects pdcing. ]:n his opinion, there should either be no gas stations or there should be two stations. He does not believe a monopoly should be established. In response to Ms. Frazier, Ms. Cottrell said this is a company store and. there will be no repairs made at this location. Mr. Rosenstock inquired about the number of-. gas stations within the boundaries of the City. Mr. DeCado explained that the map only dealt with auto repairs, of which there are 40, 12 body shops and 6 auto detailing shops. Mr. Rosenstock reiterated that he specifically requested a map from Mr. Rumpf indicating the locations of the gas stations. He again made a request for a map indicating all gas stations within the boundaries of the CRy of Boyn~on Beach. Mr. Friedland pointed out that the housekeeping at the Mobil and Amoco staUons in the western part of the City has been of a high standard. He is not concerned about their pridng. He did a study by questioning 14 leaders of buildings'in his community (Village Royale on the Green) about complaints regarding this gas station. No negattve complaints were received. The employees of the Park will need fuel. Even though there are some negatives associated with gas stations, Mr. Friedland feels this would be a positive to this particular area. Mr. Rosenstock felt Mr. Frledland's logic was false because the distance ~om the gas station to where he lives is quite, large. Mr. Rosenstock also referred to the last meeting minutes where he made the request for a color coded map depicting gas stations and auto uses in the City. CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT TO ADDRESS THIS APPLICA'r[ON. PLANNZNG & DEVELOPP~T BOARD BOYNTON BEACH, API~L 27, 1999 Mr. Rosenstock moved that the petitioner, asking for a Mobil Station at the southwest corner of Gateway Boulevard and High Ridge Road, be rejected. Vice Chairman Dub~ seconded the motion that FAZLEO 3-4. (Chairman Wische, Ms. Frazier, and Messrs. Fdedland and Myott dissented.) Mr. Myott moved to approve the request. Ms. Frazier seconded the motion. Mr. Reed requested that Mr. Myott amend the motion to delete Comment #2 because he does~ not believe we should set a monopoly. Mr. Myott ,was not willing to amend the motion. The motion to approve the request carried 4-3. (Vice Chairman Dub& and Messrs. Reed and Rosenstock dissented.) project: Agent: Owner: · Location: Description: Mobil Station at .quantum Park PZD (Originally appeared on agenda as Item 7.A.3) Michelle Coward Quantum. Park Partners Ltd.: _. Southwest comer of Gateway Boulevard and High .Ridge Road Request approval to construct 3,70! square Foot gas. station/convenience store with a car wash on ]..!3 acres Anna Cottrell advised that only one comment required clarification. Condition #16 - 'The permit for the canopy shall not be iSSUed until the existing sign easement is reconflgured so that the canopy does not encroach into the easement, or canopy moved outside of There is an easement that was written by Quantum to provide room for a large monument sign (Park idenUflcaUon sign). The easement covered a larger area than what was needed for the sign construction. This is a non-exclusive easement and there is no prohif~Uon against other kinds of improvements in the easement. The applicant has received permission from Quantum to construct the Improvements within the easement. A small portion of the canopy extends into the edge of the easement. The applicant requests deletion of this condition. Mr. DeCarlo said he spoke with Mike Haag today and if they can provide verification of permission from the property owner, staff would have no objection to deleting the condition. 9 I~IEE'~NG IVlXNLITES' ~ PLANNING & DEVELOPM~ . BOARD BOYNTON BEACHf FLOR/DA APR/L 27, 199g rvlr. Rosenstock said there have been many discussions about 'the number of foot-candles with respect to lighting gas stations. He asked if the Planning Division addressed this issue. Ms. Cottrell'said this issue is not reflected in the conditions because the plan was modified to be consistent with the illumination levels recommended by staff. The plans show that the applicant will not exceed 60-foot candles throughout the site. Sixty-foot candles are the maximum that was agreed to on an overall basis. Ms. Cottrell reminded the members about the discussion that was generated when the Mobil Gas Station on Woolbright ROad was reviewed. Staff and Mobil did a great deal of research about what was existing on other stations and what was acceptable. Sixty-foot candles was a compromise and it is less than the average existing overall and slightly more than staff initially proposed. Mobil has agreed to 60- foot candles and that is what this project will be permitted to. Ms. Cottrell was not opposed to the addition of a condition of approval regarding the illumination levels. Vice Chairman Dub~ recommended that a condition of approval be added whereby the illumination levels at this gas station do not. exceed the illumination levels that were agreed to by the Planning & Development Board at the Mobil Gas Station on .Woolbright Road. Mr. Rosenstock requested that staff take illumination measurements at some of the gas stations throughout the City and provide Re members with the locatiOns and the foot-candles measured. at driver height sitting in ah automobile. ' cHAiRMAN W[SCHE ANNOUNCED THE PUBLIC HEAliNG. THERE WAS NO ONE PRESENT WHO VVISHED TO SPEAK ON THIS APPLICATION. Mr. Myott asked for clarification of Condition #13. Ms. Cottrell reported that (~uantum Park is readdressing their program and will look at materials, type of illumination and the sizes. Mobil's proposal is for a 51/2' sign. Mobil will work with Quantum Park. This will come back as a modification to their PID. The applicant wishes to keep the language generic so that when Quantum readdresses the sign program, they will be able to make accommodations for the sign. Mr. Myott moved that we grant the request to construct a 3,701 square foot gas station,. convenience store and car wash on 1.[3 acres subject to staff comments. Ms. Frazier seconded the motion. Mr. Myott agreed with Vlce Chairman Dub~'s amendment to indude~at previously approved foot-candles for Mobil Gas Station. The motion carried 5-2. (Vice Chairman Dub~ and Mr. Rosenstock dissented.) tO API~L 27, 1999 Hs. Co~ell qUestioned whether We motion included the deletion of Condition #16. The response from Chairman Wische was affirmative. C. S I'I'E PLANS Project Name: Agent: Owner: Location: Description: Lot 58 (~uantum Park PID Winston Lee, Winston Lee & Associates MFT Development Inc. Quantum Lakes Drive (Quantum Park PID, Lot #58) Request site plan approval to construct a 51,556 square-foot office building in two phases on 4.93 acres Winston Lee, 1532 Old Okeechobee Road, West Palm Beach, said there were three conditions he wished to discuss. He introduced Eugene Gerlica, ProjeCt Engineer from Hock Roos. Condition #5- "Add a not~ to the Paving and Drainage plan stating that all proposed storm drainage structures and .pipes in Phase II will be constructed with* Phase [." Condition #6 - "Add a note to the Wastewater and Water plan stating that all proposed water and sewer lines in Phase II will be constructed with Phase Mr. Lee dadfied the meaning of these conditions. These conditions require the ultimate buildout. The applicant would like to be able to phase the project. The retention area (Condition #5) would be able to succ~_~ully handle all water quality issues of the entire buildout within Phase [. With respect to Condition #6, there is a looped pressurized water system that is completely self-contained and can stand on its own. The applicant would like to be permitted to phase the stormwater and water and sewer service. ,~--,,?. ,-,,. ==r~-r agree~ mat ir me app,cant had calculations for storing all the ?. Ge. dip ~ ~ he m~ ~ ~ Oa~n ~ di~ his =mm,n=. ~ ~ ~o m· pna~ng mu~, ne w~ ~U~ ~ ~e appli~n~s P~n~U~. Mr. ~i~ ~id~was = · ~ ~:~ ~u~ ~ me I~ or ~ me wa~ main and I~ping it for Pha~ I. ~, ,~ m ~ wa~ managem~t of ~e d~ p~~en~ what ~e 11