Minutes 11-10-98 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, NOVEMBER 10, 1998 AT 7:00 P.M.
PRESENT
Lee Wische Chairman Michael Rumpf, Acting Planning & Zor ng
James Reed. Vice Chairman Director
J. Stanley Dub6 Mike Cirullo, Acting Assistant City
Pat Frazier Attorney
Mike Friedland Bulent Kastadak, Director of Developr ant
Maurice Rosenstock
William Sherman, Voting Alternate
Frances Clean/, Alternate
ABSENT
Steve Myott
1. PLEDGE OF ALLEGIANCE
Chairman Wische called the meeting to order at 7:09 p.m. and led the Iledge of
Allegiance to the Flag.
2. INTRODUCTION OF COMMISSIONERS AND BOARD MEMB ERS
Chairman Wische introduced the Board Members, Bulent Kastarlak, Director of
Development, Mike Rumpf, Acting Director of Planning and Zoning, Acting A.' sistant City
Attorney, Mike Cirullo and the Recording Secretary.
3. AGENDA APPROVAL
Chairman Wische asked for a motion to approve the Agenda.
Motion
Mr. Dub6 moved to approve the agenda. Ms. Frazier seconded the moti m. Motion
unanimously ca tried.
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 10! 1998
4. APPROVAL OF MINUTES
Motion
Mr. Dubb moved to approve the minutes of the October 13, 1998 meeting.
seconded by Mr. Friedland. Motion unanimously carried
COMMUNICATIONS AND ANNOUNCEMENTS
A. Mr. Rumpf updated members on the following Commission actior
1 The Omhard Landing Variance for frontage was approved.
The Ridgeway Plumbing Site Plan Modification and
Appeal was approved.
6. OLD BUSINESS
None
7. NEW BUSINESS
A. PUBLIC HEARING
Conditional Use
1. Project Name:
Agent:
Contract Holder:
Location:
Description:
7-Eleven at Grove Plaza
Donna West
Carnahan-Proctor and Asso
N, Kent Wilmering, Trustee
Southeast corner of Hypolu:
and Lawrence Road; parcel
proposed Grove Plaza subd
Request for conditional use
to construct a 2,960 square
service station with a conve
store on 1.18 acres of land.
Chairman Wische requested the Acting Assistant City Attorney to administer the
all persons who would be testifying.
Motion
ndscape
iates, Inc.
Road
of the
/ision
~pproval
oot
,ience
oath to
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 10 1998
Ms. Donna West, of Carnahan-Proctor and Associates, inc., agent for the
took the podium. Chairman Wische informed Ms. West that there were
comments and asked if there are any comments to which they did not agree (
to have clarified. Ms. West stated there were two items that they wished to
Theflrst item is item 14 dealing with the fuel pumps. Ms. West said that the (
requires fuel pumps must be located on corner lot properties which are situate
four-lane roads. Lawrence Road is currently under contract with the County
the road and the applicant's attorney discussed this with the City, Ms. West
the impression that the issue had been clarified to allow the applicant to insb
once the contract to widen .Lawrence Road was let. Ms. West informed men
she had spoken with staff and that staff had agreed, subject to the City J
concurrence, to allow the pumps to be installed once the contract is let.
Chairman Wische asked-Mr Rumpf if this assumption was correct and IV
stated it was. Mr. Rump~ stated it ~vas an oversight of the City and that the
was relying upon the communication as being approval to have the pumps
when the agreement was let, rather than being tied into completion of the cons
Mr. Rosenstock inquired if there was a copy of this communication. Mr. Rur
there is a copy of the applicant's communication, but there is no wdtten res
the City.
Mr. Rumpf further stated that staffs comments were based upon strict interp
the zoning code and that is Iocational criteda There are aspects of the City
regulations that allow certain ~mprovements to be timed with commitments.
show of good faith.
Mr. Friedland asked about the construction timeframe of the widening of
Road. Ms. West stated she had spoken with the County's Engineering
recently and the County should be letting the contract in March, subject to
one or two month delay.
Mr. Rosenstock stated that the plans did not show much landscaping. Ms. ~
that the landscaping meets the code requirements. Mr. Rosenstock agree
plans meet the code requirements, but were lacking and Ms. West require(
Rosenstock was looking for with regard to landscaping. Ms. West state¢
would upgrade some of the landscaping if the Board had specific suggestions
Mr. Rosenstock asked Mr. Rumpf if the Planning DeparLment adheres to the
this Board is trying to set with regard to enhanced landscaping on all pre
3
~plicant,
21 staff
r wished
[scuss.
ity Code
J on two
:o widen
~s under
II pumps
hers that
ttorney's
· . Rumpf
applicant
]pproved
Jction.
~pf stated
,)rise from
~tation of
;ode and
This is a
_awrence
;partment
t possible
~st stated
~ that the
what Mr.
that they
~eme that
;cts. Mr.
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 10~ 1998
Rumpf stated he tres to encourage these themes, but until they are written in t
the reviewer may not be as familiar with those requirements. Mr. Rumpf stat
Board has spec f c suggesbons w~th regard to landscape enhancements, they ,'
specified in order for them to be placed into the record.
Chairman Wische asked the applicant what other staff item she wished to ad(
she replied Item 19. This item deals with the height of the buildings. The plans
show the building at 20' and the canopy at 25'. The design of the building s
the canopy overlaps the roof of the main building to provide coverage to pe
Ms, West stated this is a typical design prototype that 7-Eleven uses. Ms. W
that the applicant needs an 18' clearance because tanker trucks require this
clearance. Originally the canopy would have been lower, but the appli
requested to provide ~arrel, tile o~ top of the canopy, which increased the hei
Ms. West stated that if the canopy remains onthe north side of the building, it
be visible to the residents to the south
~e Code,
;d if this
~ould be
· ess and
~rrently
aws that
estdans.
st stated
nount of
;ant was
:ht. Also,
~vould not
Mr. Rumpf stated this is the first commercial entity going into the area and
tone. Overal the. desig n has some attractive features. Staff has tried to keep t
as toned doyen as pOSsible by limiting the stdp ng.
Ms, Frazier ~pqu red if the lighting would be the same type of lighting as in ti
gas station a~t ~ongress Avenue. Mr. Rumpf stated that the lighting will be the
the station at the :n~rthwest corner of Congress and Woolbright and would be
the same maximum, ntens ty Also Mr. Rumpf stated [hat the lighting fixtures
recessed orcovered.
Mr. Dub6 in( aired what the expiration date was of the last extension. Mr. Ru~
there was o ~ly one time extension. Mr. Dub6 questioned whether the app
n~ limit of their time extension. Mr. Rumpf stated that afte~
within the ti
extension to
Mr. Dubb al
any comme
noted that ti
,k place, it was followed up by platting, which vests the project.
so inquired if the School Board had been notified and if the Cit
lt. Mr. Rumpf stated there has been no comments received.
e project was across the street from a high school.
Vice Chair Reed stated that some of the existing landscaping would be r
reposit one~ and these are mature trees. Vice Chair Reed stated that ther~
possibility that these trees will die, Vice Chair Reed inquired if the trees die
orovision that they be replaced. Mr, Rumpf stated there is a tree preservatio
ines to match s~ze or value. Mr. Rumpf ~s uncertam ~f the replaced tree wot
be of "comparable" size and will check with the Forester.
4
~ill set a
e project
Amoco
same as
limited to
nad to be
~pf stated
cant was
the time
received
Mr. Dub6
~oved and
is a good
is there a
plan that
d have to
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 10
Mr. Rosenstock stated that the trees that had been removed can be replaced ~
of a much smaller size as long as the value of the tree is replaced, not the si
tree. Mr. Rumpf stated that the Board could insert this comment and state t
would have to be replaced with comparable size trees.
Ms West stated that some of the trees on the property had been trees from i
and the trees were not intended to remain on the site. The trees were n
property naturally and were intended to be moved since they were nursery st
West stated f th~ applicant meets the tree code, the applicant is trying to mair
was originally nursery stock. Vice Chair Reed stated that the trees were p
landscape plan. Ms. West did not think it would be possible to purchase m~
trees. Mice Chair Reed said it should be a condition that the expired trees n,
replaced to maintain the density of the landscaping. It was suggested th~
included in the motion.
Mr. Dub6 stated that this would have to be included in the next motion, wh
Master Plan Modification. The first motion is the Conditional Use. Mr. Rut
that beth motionsshould Be considered and that the Master Plan Modification
voted upon first.
Vice Chair Reed noted that the plans indicate that City water be used for irrig~
Rumpf stated that if any other sou rce is available, the applicant is to avoid
water for irrigation. Mr. Rumpf also stated that is determined by Utilities and
should not be utilized for irrigation.
Motion
Mr. Rosenstock moved that the 7-Eleven at Grove Plaza, located at the
,1998
/ith trees
~-e of the
lat trees
nursery
r on the
,ck. Ms.
ain what
rt of the
rure size
ed to be
[ this be
;h is the
)f stated
~ould be
.ion. Mr,
sing City
;ity water
southeast
comer of Hypoluxo Road and Lawrence Road, parcel A of the proposed G~ )ye Plaza
subdivision, request for conditional use to construct a 2,960 square foot service station
with a convenience store on 1.18 acres of land be denied. Mr. Dubb sec reded the
motion.
Chairman Wische stated this is a public hearing and inquired if anyone in thc audience
wished to ,address the matter. Hearing none, Chairman Wische closed he public
hearing.
Chairman Wische asked if there were any other comments from the Board.
5
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 10, 1998
Mr. Fried[and expressed concerns that the school is close to the project
magazines, cigarettes and beer are sold which is not an appropriate atmosl
students to frequent. Aisc, Mr. Friedland questioned whether the distance
school is legal.
Chairmar Wische requested that all Board members in favor of the denial
saying "aye". Denial carried 7-0.
Mr. Rumpf restated with regain to Item 3 that City water may not be used
when other sources are readily available.
and that
~here for
om the
nify by
irrigate
B. SUBDIVISION
Master Plan Modification
1. Project:
Agent:
Contract Holder:
Location:
Description:
Grove Plaza
Donna West
Carnahan-Proctor and Associates, Inc.
N. Kent Wilmering, Trustee
Southeast corner of Hypoluxo R~ad and
Lawrence Road
Request for modifications to the pt-eviously
approved master plan to reconf~gure lot
lines to create a separate comn~on area
tract, modify Parcel A from 7500 square feet
of retail/pharmacy to a 2960 square foot
convenience store/gas station,I modify
Parcel C from 4500 square feet of retail to
6540 square feet of retail, modify Parcel D
from 6500 square feet of retail to 9000
square feet of retail, add turn ane and
change the southerly driveway.
Chairman Wische noted there were six staff comments and asked the AgE
were any comments she wished to address. Ms. West stated the applicant d
to address any of the comments.
Mr. Rumpf had no additional comments.
Chairman WisChe inquired if there were any comments from the Board.
none.
6
it if there
not wish
~ere were
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 10~ 1998
Chairman Wische stated th s was a public hearing and inquired if anyone in the aud ~ence
wished to address the Board. There were no comments and Chairman Wischt closed
the publi~ hearing. ~
Mr. Dube inquired if this approval was subject to approval of the Conditional !se. Mr.
Rumpf stated that the Master P an Mod fication could stand alone. Mr. Rumpf st~.ted that
the Conditional Use would be relied upon the approval of the Master Plan Mo~lificat on.
Mr. Dub6 noted that once the road is constructed, it would no longer be a Conditional
Use. Mr. Rumpf stated that Conditional Use Approval is required for the sale of asoline.
Motion
Mr. Dub6 moved that the request for modifications, to the previously approve master
plan to reconflgure lot lines to create a separate common area tract, modify ~arcel A
from 7500 square feet of retail/pharmacy to a 2960 square foot convenience ~tore/gas
station, modify Parcel C from 4500 square feet of retail to 6540 square fee~ of retail,
modify Parcel D from 6500 square feet of retail to 9000 square feet of retail add 'turn
lane and change the southerly driveway at the southeast corner of Hypoluxo I~oad and
Lawrence Road for the Grove Plaza be denied. Motion seconded by M~. Roser~stock.
Chairman Wische requested that all members in favor of the denial signify ~y saying
"aye". Denial carried 7-0.
USE APPROVAL
1. Project:
Agent:
Location:
Description:
Atlas Party Rental
Ron Kent
Jack Lupo Realty
High Ridge Commerce Park a~ d Cedar
Ridge Road
Request for approval to amend t~e list of
permitted uses for the High Ridge
Commerce Park Planned tlndustrial
Development (PID) to include storage and
rental of party supplies
The Agent took the podium and was administered the oath by the AsEistant City
Attorney Cirullo.
Chairman WiSche stated there were no staff comments.
7
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 10
Motion
Mr. Dub6 moved that the Request for approval to amend the list of permitted
the High Ridge Commerce Park Planned Industrial Development (PID) t(
storage and rental of party supplies for the Atlas Party Rental on High Ridge C
Park and cedar Ridge Road be approved. Ms. Frazierseconded the motion.
Motion carried 7-0.
8. OTHER
A. Update on progress of reviewing/improving sign regulations
Mr. Kastarlak had temporarily left the meeting and it was decided to addres,'
item on the agenda.
B. Zoning regulations summary
Mr. Rumpf stated that zoning matrix was distributed to members at the last me
Vice Chairman Reed mentioned that the first matter before this Board was pre
a company that had met the minimum requirements and stated there sh
method in place that would reward applicants towards excellence instead (
minimum. Mr. Rumpf stated that the regulations need to be enhanced to m(
higher level. Mr. Rumpf further stated that improvements in foundation lands,
necessary.
Chairman Wische stated that it is the intent of this Board to upgrade the
landscaping requirements.
Mr. Rumpf informed members that Vice Mayor Jaskiewicz has a proposed I~
and s~gnage ordinance, which will be on the next agenda, but did not know th.
the ordinance. Also, Mr. Rumpf was not sure if Vice Mayor Jaskiewicz was d
non-conforming sites or total landscaping requirements. He would ascerl
nformation in this regard.
Discussion ensued on various methods that could be used to entice applk
beyond the minimum landscaping requirements.
8
1998
uses for
include
-nmerce
the next
;ting.
~ented by
uld be a
I towards
ce to that
aping are
minimum
~dscaping
details of
~aling with
tin further
]nts to go
MEETING MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
NOVEMBER 101 1998
9. COMMENTS BY MEMBERS
Mr. [3ub~ requested that the notebooks which are distributed to member~ by the
Plann ng Department for each meeting should have a divider placed in the ba.c~,, so that
members c~n keep items beyond the d rider for reference at meetings, i~lr. Dub~
requested that the zoning matrix remain in the book asa convemence.
10. ADJOURNMENT
There being no further business, Chairman Wische called for a motion to adjourn.
Motion
Mr. Dub~ moved that the meeting adjourn. Motion seconded by Ms. Frazier a~
unanimously. Meeting adjourned at 7:45 p.m.
Respectfully submitted,
Barbara M. Madden
Recordin9 Secretary
(one tape)
d carried