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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