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Minutes 08-12-97MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 12, 1997, AT 7:00 P.M. PRESENT Lee Wische Chairman Jim Golden, Vice Chairman Jos6 Aguila Mike Friedland Stan Dub~ Steve Myott. Alternate James Reed. Alternate ABSENT Pat Frazier Mau rice Rosenstock Michael Rumpf, Senior Planne Michael Pawelczyk. Assistant Attorney 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. The Pledge of All the Flag was recited. ty lance to 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische welcomed Commissioner Shirley Jaskiewicz and Vice Ma Titcomb to the meeting and introduced the members of the board and Pawelczyk. 3. AGENDA APPROVAL No additions, deletions, or corrections were made to the agenda. Motion Vice Chairman Golden moved to approve the agenda as submitted. seconded the motion, which carried unanimously. or Jamie Attorney Ir. Dubb MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 4. APPROVAL OF MINUTES No additions, deletions, or corrections were made to the min utes of the last m~eting. Motion Mr. Dub~ moved [o approve the minutes of the July 22, 1997 meeting as Vice Chairman Golden seconded the motion, which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final City Commission Disposition of the agenda iten the last Planning and Development Board meeting Mr. Rumpf reported that the items that the Planning and Development Board reviewed were all approved at the City Commission meeting, with the excep~ Boynton Commons Appeal. Per the request of the applicant, that item postponed to the September 2nd meeting. 6. SWEARING IN OF WITNESSES Attorney Pawelczyk swore in all those who planned to testify this evening. OLD BUSINESS None. 8. NEW BUSINESS A. Public Hearings Zoning Code Variance 1. Project: Agent: Owner: Location: BGI Industries, Inc. at Quantum Pa~ Gonzalo Ravago BGI Industries, Inc. Northeast corner of Gateway Bouleva Quantum Boulevard (Lots 32, 33, ," 35.36, 37. and 38 in Quantum Park) 2 ubmitted. [rom 'eviously on of the las been and ~,. 34B, MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Description: Request for a zoning code variancff from the City of Boynton Beach Land DeVelopment Regulations, Chapter 2, Section 7.Htll - Off- street loading, to allow off-streel loading facilities fronting Gateway Boulevard. Chairman Wische opened the public hearing; however, no one in [he audien. to address this item. Gonzalo Ravago, Director of Operations at BGI Industries, agreed to the comment. Motion Vice Chairman Golden moved to approve the zoning code variance for BGI I Chapter 2, Section 7.H.11 - Off-street loading, to allow off-street Ioadin{ fronting Gateway Boulevard. subject to staff comments and including the j~ submitted by the applicant for the screening provided. Mr. Reed seconded t[ which carried unanimously. Project: Owner: Location: Description: Lee Manor Isles Subdivision (Lot 1 Shafiq ul Islam Lee Manor Isles Subdivision. Lot 10 ( Avenue. a/k/a Riviera Drive) Request for a variance to the City of [ Beach Land Development R6 Chapter 2, Section 5.C.2 to allow ar n height of a proposed single-famil' 35 feet from the maximum 25 feet all, Mr. Aguila did not agree with the applicant's justifications for this varian ce. convinced that this lot is unbuildable or that the only way it can be built is if 1 limit is raised Vice Chairman Golden felt it would be inappropriate to grant this variance wi1 to adjacent properties. Mr. Reed felt that what is proposed is out of proportion with the rest of the corr 3 e wished one staff ~dustries. facilities ~tification motion, i.E. 13~" oynton lulations, increase home to ~ed. was not ~e height respect nunity. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Mr. Friedland was in favor of granting this variance because this lot has vacant for many years, because it is an odd pie-shaped lot, and because the more and better single-family dwellings was expressed at 20/20 Visions. Mr Islam stated that his architect told him 25 feet is too Iow of a height fo house. Larry Chandler. 914 N.E. 2"° Street, stated that he is trying to build a house where no building has been done since the 1950s. It is on the Intraco~ architect told him he should consider ten-foot ceilings because eight-foot ce chintzy on nice houses. He wants to build a two-story house. If the first floor foot ceiling and the second floor has a ten-foot ceiling, the roof would have and that would look awful. He would like a steeper roof for hurricane reason; that the' height limit needs to be addressed. Motion Mr. Aguila moved to deny the request for a variance to the height regulation Manor Isles SubdiViSiOn, Lot 10, by virtue of finding the unjustified rea.~ requesting the variance. Vice Chairman Golden seconded the motion. Mr. Aguila agreed with Mr. Chandler's comments and suggested this matter front of the planning consultants' agenda so that some of these issue,. dispensed with quickly. Mr. Reed pointed out that this is not a blanket vote. It is a vote on a particular a particular site. The motion carried 6-1. Mr. Friedland cast the dissenting vote. Attorney Pawelczyk explained to Mr. ISlam that this board's decision recommendation to the City Commission, and the City CommissiOn will ultimate decision. B. Subdivisions Master Plan MOdification Project: Agent: Owner: Melear PUD Donaldson Hearing James T. Bisesi and Gene B. Glick 4 remained :lesire for this size ~n his lot. ~ta] His ings look as a ten- [o be flat He felt the Lee )ning for be put in can be louse on ; only a lake the MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUS'F 12, 1997 Description: Request to modify the previously app Melear PUD master plan to allow buffer width along Congress Avenu~ feet to 40 feet. revised access for one onto Congress Avenue, an egress/ingress driveway onto S~ Drive, and redistribution of unit t numbers within Phase 2 and 3 of, family units and 181 single-family ur multi-family units and 309 single-fatal Marty Perw, attorney for the applicant, was present. He introduced Donaldsc of Cotleur Hearing, Planners; Joe Pollock of Kimley Horn & Associate Engineers; and Andrea Troutman of David Plummer & Associates, Traffic He stated that the only issues for discussion relate primarily to the two-w; driveway on Congress Avenue and the landscape buffer (six foot masonry w does not make sense and is not consistent with what is happening on Avenue. Mr. Pollock stated that the traffic issues concern access to the project. He pr restrict the access to Congress Avenue to permit northbound left turns and s( right turns into the property, and eastbound right turns out of the prol: Congress Avenue. Left turns will not be allowed out of the project northb~ Congress Avenue. He displayed two diagrams of the intersection of Congre,~ and Sandalwood Drive and explained that the more conflicts you have in tr~ the more safety issues you have. and the situation he proposed is much safer. oved reduced from 50 driveway ~dditional ~dalwood pes and 92 multi- ts to 364 units. Hearing , Traffic ~gineers. y access II), which ~.ongress ,posed to ~thbound ;rty onto und onto ~ Avenue fic flows. 5 He pointed out that the County, or any other jurisdiction, would evaluate th left turn traffic out of Sandalwood Drive to go north on Congress Avenue. The traffic from this apartment complex that would go to the north would be accessing Sandalw ,od Drive and conceivably go to Congress Avenue. Therefore. the provision of this ac~ ess point would not reduce the signalization potential for the Sandalwood Drive interse, tion. His traffic study presents traffic volumes with full buildout of the Melear PUD. 'he peak hour traffic volumes do not even meet the mimmum volume warrant re~ uired for signalization Therefore. it is a very remote possibility that the inter,~ .~ction of Sandalwood Drive would ever meet the warrants for signalization. Even if sic lalization were to occur at Sandalwood Drive. it would not alter the safety characteri~ cs of the proposed direct access for the apartment complex. Signalization would crc ite some gaps in the southbound traffic and allow left turns to be made into the partment complex more safely. He felt Miner Road is most probably where future si lalization will occur, not at Sandalwood Drive. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUS? 12, 1997 At this time, Chairman Wische recognized the presence of Mayor Jerry Tayl wife, and Commissioner Matt Bradley. Mr. Aguila asked if there would be a deceleration lane for southbound Congress Avenue entering the development. Mr. Perry advised that if it is there ~s room to provide it. Vice Chairman Golden advised that the City's subdivision regulations are dc collect traffic from local streets, channel it to collector roads, and then c thoroughfares. These regulations have been n effect for a number of y6 projects approved throughout the City, particularly along North Congres., implement such a design. You do not see. driveways for every project on Avenue. This is good planning practice. If approved, he believes this would a very negative precedent. Mr. Perry advised that Andrea Troutman of David Plummer & Associates sL report in support of Mr. Pollock's opinion Mr. Perry believes Mr. Pollock's stu, to the conflict points at the intersection of Sandalwood and Congress ar indication of the problem with that particular planning principal in this situation. Donaldson Hearing, Landscape Architect and Land Planner, advised that ti was approved in 1983. At that time. no specific access points were identifi master plan. The Traffic Report assumed that the traffic would be to the int, (Sandalwood Ddve). Commercial was also located in the middle of the m~ He acknowledged that there is a planning principle that is practiced as mer Vice Mayor Golden However, it is a principle, not a hard and fast rule. He dj( that pnnciple should apply in this case. Often developments are designed to I tracts of land with single points of entrance This parcel is much smaller tI communities and d'oes not have the same characteristics as other projects. / / There is going to be a redistribution of units within Phases 2 and 3. Th~ purchaser of the Phase 2 property is planning to build an upscale luxury; complex. The developer intends to further the goals and objectives of th reducing the number of multi-family units in the parcel and by introducing a luxury product. Three hundred sixty-four one. two and three bedroom proposed. A number of those units would have options to have enclosed There will be a number of amenities, including a club facility, indoor basketb shuffleboard, an indoor movie theatre, childcare opportunities, a pool, and voll~ 6 and his 'affic on required. signed to ito major ~rs. The Avenue, .~ongress ye setting ~mitted a relative a clear articular project ~d on the rnal road ~ter plan. :ioned by not think ~e unified an many contract partment · City by upscale ~nits are garages. courts, ball. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Al point of access or access out onto a collector road. Mr. Hearing believes th being proposed for this project presents a safer condition. In this particuh makes sense and does not disregard good planning principles. PUDs throughout Palm Beach County and Boynton Beach do not hav8 a single ~t what is r case. it An upscale project with upscale landscaping is being proposed. There will b treatment. The buffering would be behind the edge treatment. With regard t, the character of the Congress Avenue corridor is berms and landscaping. He to accentuate that and install as much landscaping as needed to provide a s~ buffer. This can be dealt with at the site plan level. Mr. Myott asked if these are rental apartments. Mr. Hearing answered afl Mr. Myott asked if the applicant is requesting an entrance on Congress Avent a visual presence in order to rent the apartments more easily. Mr. Hearing sI the people who will be renting these apartments demand amenities, want al place, and want that identity not just for themselves but for when their friend,, visit them as well. Mr. Myott asked if the gate is going to be manned 24 hours a day and if there to be gatehouses at the Sandalwood entrances. Mr. Hearing advised that th be electronically controlled gates on both entrances: however. [hey wou manned. Vice Chairman Golden wondered why staff recommended a wall as opposed along Congress Avenue. an edge the wall, oroposed ectacular 'matively. ,= to have ated that upscale come to ~re going ~re would not be a fence Mr. Aguila asked if the contract purchaser would be acquiring the park to the orth. Mr. Hearing advised that he would not be. Mr. Aguila asked if the balance of the r 'operty ~s being purchased as a whole or if only Phase 2 is being purchased right now. Mr. Hearing advised that Mr. Bisesi has been discussing the back parcel with a ~ umber of potential developers. That is how they arrived at the number of units and the ifference in the property boundaries. There is a master plan of what could potentially g( there. Mr. Aguila asked if there is an access point on Congress Avenue if Phases will come out to Sandalwood Drive or go through Phase 2 to get to Congres.' Mr. Hearing advised that they would go to Sand alwood Drive. Mr. Perry addressed Vice Chairman GOIden's comment about good plannin¢ He stated that in this particular case. there is an unusual circumstance unlik~ proposed many years ago when this project was originally approved. At that t was going to happen with Miner Road was not fully considered. There is a p, \ and 3B Avenue. practice. Ihe norm me, what tential of 7 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST~ 12, 1997 1.000 units coming out at the intersection of Sandalwood Drive and Congres There is probably an equal number coming out'of the Dos Lagos project street. The likelihood of obtaining a signal at Sandalwood Drive as oppose~ Road is remote. The proposal would remove a significant number of Sandalwood Drive and place them safely onto Congress Avenue without hazards. Traditional planning concepts are wonderful when they make sens particular case, this princfple does not make sense. It would be safer to access on Congress'Avenue. In addition. ~here is no justification for a six-fcc wall. Mr. Perry objected to comment 8. He pointed out that this project has donate for the fire station and the water storage site. and has contributed the right-, Miner Road and $80.000 toward the construction of Miner Road. What cz proposes is different than from what the County proposes in their median program. They allow for xeriscap~ng. In addition, there was no discussion pro rata allocation with the Dos Lagos PUD. He did not think this condition w~ Vice Chairman Golden pointed out that in his letter, the County Traffic Engin( recognizes the possibility of a traffic signal at Congress and Sandalwoo¢ warrants are met, He also pointed out that the original developer made a commitments. The new developer purchased property from the original Therefore, in essence, the new developer did not make those commitments hi Mr. Perry stated that when you buy a piece of property, you pay for everythin person you bought it from paid for. In addition, he interpreted the Cour Engineer's letter to mean that it is possible that if traffic si§ nal warrants are r intersection of Sandalwood and Congress. and are not met at the intersectiof Road and Congress Avenue. a traffic signal could be installed at Sandal~ Congress. He pointed out that Mr. Pollock looked at it from a buildout standpc buildout of this project, in conjunction with al the units from Dos Lagos, th6 are not met at this intersection. Vice Chairman Golden pointed out that the County Traffic Engineer's lette~ would be based on actual traffic counts. Mr. Aguila asked if Congress Avenue is anticipated to be widened in the fu Rumpf was not aware of any expansion plans for Congress Avenue. Mr Aguila thinks this is potentially a very good project at a scale that Boynt, could use. He did not have a problem with the second access onto Congress it removes some of the traffic from Sandalwood. He pointed out that when the Avenue. ;ross the to Miner 'ips from ny traffic ;. In this have the masonry the land f~way for mment 8 mdscape ~lative to fair. .=r clearly if signal umber of ~veloper, ~self. I that the :y Traffic ret at the of Miner ood and nt and at warrants states it ure. Mr. Beach because site plan MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 comes to this board, we could review the stacking, deceleration lanes, and o~her kinds of controls. He wondered why we would want to cover up the landscaping With a slx- foot high wall. With regard to the median landscaping, Mr. Myott stated that Congress Aver ~e needs to be upgraded. All over the County, the medians have to be landscap~ by the developers as projects come in. Motion Mr. Aguila moved to approve the request to modify the previously approw Melear PUD master plan to allow a reduced buffer width along Congress Avenue frc 50 feet to 40 feet, revised access for one driveway onto Congress Avenue, an ~ditional egress/ingress driveway onto Sandalwood Drive, and redistribution of unit i ~pes and numbers within Phase 2 and 3 of 492 multi-family units and 181 single-fami ~ units to 364 multi-family units and 309 single-family units, subject to staff comment~ with the following exceptions: Comments 1, 2, 4, 5. 9 and 13 be deleted in their er irety and that with regard to comment 11, the six foot high buffer wall be deleted. Ar. Dub~ seconded the motion, which carried 6-1. Vice Chairman Golden cast the issenting vote. Project: Agent: Owner: Location: Description: Shoppes of Woolbright PCD Michael Morton Morton Group, Inc. Howard Scharlin. Trustee North of Woolbright Road and east o' _.W.D.D. E-4 Canal Request to modify the previously app] )red Shoppes of Woolbright PCD mast6 plan to move north approximately 40 ' 9et. the driveway that is located on the ea.' side of S.W. 8t' Street between Outparc( 1 and Outparcel 2, reduce the floor area of )utparcel 1 from 4,000 square feet to 3,710 sq are feet, reduce the floor area of Outparcel 2 fl )m 6,745 square feet to 6,492 square feet, r( Juce the floor area of Outparcel 3 from 3,17 ~ square feet to 2,911 square feet, detach fr( ~n Home Depot the commercial buildings Ioca ed north of the garden center and combin( the two southern most tenant spaces. 9 MIN UTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUS~ Attorney Greg Kino of Boose Casey and Ciklin was present on behalf Scharlin. Trustee. and addressed the following staff comments: Comment3 It is recommended that a traffic signal be installed at the intersection of the access road and S.W. 8th Street. Mr. Kino felt it was proper to reword this comment to indicate that the traffic be performed when the remaining parcel is developed to determine whethE s~gnal is warranted. He stated that until warrants are met, no recommendati be made. Comment9 This comment requests that the signage for Cracker Barrel, RaceTrac, a Depot be deleted from the master plan. He did not have a problem deletin Barrel and RaceTrac. However, Home Depot relates to condition 10. which that the second freestanding sign should be deleted. Fie will resolve this issu~ staff. Comment 12 Amend the chad that identifies previous master plans to reflect the approi date the master plan modification was approved by the City Commission indicate that the approvals are subject to staff comments. Mr. Kino advised that those dates were received from Mike Haag. He think., accurate but will double check them with Mr. Haag. For clarification, he pre' last sentence in this comment to read, "Also, indicate that the approvals are staff conditions." Comment 13 This comment deals with completion of the industrial access road and recomrr this can be completed or permit application made by a certain date. Mr. Ki that on May 28% the City was asked to modify the timing of this so that it is tie development of the remainder of the project or that an adjacent prope~ demonstrates the need to utilize this road. This is being workshoppe, Commission on August 25% 10 12, 1997 Howa~ ~dy shall ' a traffic ,n should id Home Cracker indicates with City date ~,lso, they are .~rred the ubject to ;nds that ~o stated into the owner by the MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, t997 Comment 17 This comment deals with making some square footages consistent on site dans and master plans. He will confirm the numbers with staff before the City Cc remission meeting. Attorney Pawelczyk recommended leaving comment 13 in. If the City C( 'nmission decides to make any alterations, they would override this comment. If the~ eliminate this comment, it would be moot, Motion Mr. Dub6 moved to approve the request to modify the previously approved S oppes of Woolbright PCD master plan to move north, approximately 40 feet the ddvev ~y that is ocated on the east side of S.W. 8tn Street between Outparcel 1 and Ou}parcel reeuce the floor area of Outparcel 1 from 4,000 square feet to 3,710 square feet, reduce the floor area of Outparcel 2 from 6,745 square feet to 6,492 square feet, reduce the floor area of Outparcel 3 from 3,175 square feet to 2,911 square feet, detach from Home Depot the commercial buildings located north of the garden center aha combine the two southern most tenant spaces subject to all conditions o approval by staff. Vice Chairman Golden seconded the motion, which carried unanimo~ sly. C. Appeals Community Design Plan Appeal 1, Project: Boynton Beach Mobile Village Agent: Bob Brown Owner: Spillane Brown Development Co. Location: 1801 N.E. 4~h Street Description: Request to appeal the Community D~ ~ign Plan, Section 10.C.3, to allow canvas dumpster enclosure to substitute for the required concrete block, stucco ~d wall dumpster enclosure. Bob S. Brown, owner of the Boynton Beach Mobile Village, did not object the one staff comment, and advised that the steel structure is up. 11 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Mr. Aguila asked why the dumpsters are nine feet high. Mr. Brown advised ,that there are rollers on the bottoms of the dumpsters so they can be pushed out sd that the trucks do not run into the frames. They are side Icad dumpsters. Motion Mr. Dub6 moved to deny the request to appeal the Community Design Pla~ 10.C.3. to allow a canvas dumpster enclosure to substitute for the requirec block, stuccoed wall dumpster enclosure. Vice Chairman Golden seconded ti' Vice Chairman Golden asked why Mr. Brown does not bring this up to construct a sturdier enclosure. Mr. Brown advised that he has other improv make and dumpster enclosures are very expensive. , Section concrete ; motion. :ode and ,ments to Vice Chairman Golden pointed out that the weather and garbage trucks ma the canvas. Mr. Brown stated that he had wheels put on the dumpsters so th pushed out. The truck will not get close to the enclosure. Chairman Wische stated that anything that is grandfathered n could stay unless the owner requests a change. Once the owner requests a change, it brought up to the current code. The current code requires a concrete block, wall dumpster enclosure. He felt Mr. Brown should conform to the current cod Mr. Aguila pointed out that this is a focal point in that community and it shoul~ properly. The motion carried unanimously. D. Site Plans New Site Plan Project: Agent: Owner: Location: Description: ARC at Boynton Beach (American Retirement Communitie~ Bradley Miller, AICP Charles Putman & Associates, Inc. Norman J. and Elishka E Michael Southeast corner of Congress Av( S.W. 23r° Avenue Request for site plan approval to con: 12 damage ~y can be that way las to be stuccoed be done ue and ruct an MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUS~ 12, 1997 assisted living unit facility (containin( and 91 units) on 4.622 acres. Mr. Miller represented Strategic Investments who is proposing this assi= project. The only condition he had a concern with is condition 27. He advi,' stipulation agreement was executed several years ago. It covered not only thi the parcel on the north side of Golf Road. Condition 27 pertains to the par( north side, not the parcel in question. Mr. Aguila suggested raising the bottom of the signs since they are only grade and will be covered by foundation plantings. Peter Ryland, 1311 S.W. 25TM Avenue, was concerned about complying wit agreement and what is going to happen to the 4.5 acres directly opposite An ACLF was allowed on this property. He did not know the difference be ACLF and an assisted living facility. Vice Chairman Golden asked if the applicant is going to provide a "Do Not E at the one-way egress onto Golf Road. Mr. Miller advised that the applic provide that. Mrl Dub~ understands why there is no lighting in the parking lot after 1 However, he pointed out that the vehicles are going to be subject to theft. advised that there would be security lighting around the project for safety purp~ Motion Vice Chairman Golden moved to approve the request for site plan approval to an assisted living unit facility (containing 93 beds and 91 units) on 4.622 acre to staff comments including the applicant providing a "Do Not Enter" sign at way egress onto Golf Road. Mr. Reed seconded the motion, whicl unanimously. Project: Agent: Owner: Location: Description: Woolbright Medical Office Robert Basehart, AICP Joseph R. Jingoli Southwest corner of Woolbright Road LWDD E-4 Canal Request to construct a 36,000 square medical office building on 2.70 acres. 13 93 beds ;d living ~d that a site. but .~1 on the 3" above the lega s house. ween an ~ter" sign ~nt could :00 p.m. /lr. Miller SdS. :onstruct ,subject the one- carried nd the :oot MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUS1 Chairman Wische read a letter from the Boynton Leisureville Homeowners A in favor of this two-story medical facility. (This letter is attached to the origin; of this meeting.) It seemed to Mr. Aguila that comment 8 ends in mid sentence. At this time, Mr. Dub~ left the Chambers. 12, 1997 sociation minutes Mr. Basehart agreed with all the comments and recommendations of staff. -Iowever, he referred to comment 33 and stated that in 1987, when the property was originally rezoned commercial, a site plan for a one-stow building was proposed 3parently there was a condition attached to the rezoning, limiting the height to ~e stow. Comment 33 indicates that prior to the issuance of a Building Permit, we will ~ve to file an application to modify the original conditions of approval. His understandir was that they were voluntary conditions. Given the fact that the application was ~ straight rezoning and not a conditional use, it may not have been appropriate to put ~onditions of approval on the zoning. He would like to avoid having to file an applicationlto modify the original conditions of approval before being issued a Building Permit. Mr. Rumpf believes this condition is set forth in an ordinance. Mr. Baseha ': advised that this comment is not in the ordinance. The Planning and Zoning Division s afl report suggested that there be a limitation of one story. Therefore. it is not clear wt .~ther it is a condition of approval. It would involve time. money, and delay the project I have to go forward with a formal application to modify this condition. Chairman Wische suggested letting the attorneys work [his issue out. Mr. ~asehart was agreeable to this. He also agreed to adhere to this comment if he has to. Mr. Aguila asked what the building is made of. Mr. Basehart stated that it w ~uld be a concrete and stucco building with some arch work and tile work along the bott, m. It will be white and earth tones. Mr. Aguila inquired about the site line. Mr. Basehart confirmed that the parap~ l is going to be three feet above the grade of the roof and that there is no mechanical ( ~uipment closer than 20 feet. Therefore nothing will be seen within 600 feet. No one in the audience wished to address this issue. Motion Vice Chairman Golden moved to recommend approval of the site pla~ for the Woolbright Medical Office to construct a 36.000 square foot medical office b ilding on 14 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUS'P 12, 1997 2.70 acres, subject to staff comments subject to the City Attorney rendering on the appropriateness of comment 33. and subject to clarification by staff of 8. Mr. Aguila seconded the motion, which carried 6-0. Mr. Dubb had not ye to the Chambers. E. Time Extensions Site Plan Time Extension Project: Agent: Owner: Location: Description: Boynton Beach Mall - Department Cormac C. Cohahan DeBartoio Properties Management. 301 N. Congress Avenue Request for a one-year time extensio~ 17, 1998) of a previously approved plan modification for a 162,502 s( addition for a new department st¢ Boynton Beach Mail. Attorney Cormac Cohahan represented the applicant. He had no problem the conditions, including condition 5. as long as the utility pipe can be connecl building. Mr. Aguila advised this came to the Board when Dillards was thinking of corn they exceeded the height limitations with an arch over the entranceway. I- favor of approwng another one year only time extension: however, he was n( of approwng a height variance or other code variances that might have been Dillards to anyone else Mr. Cohahan advised that the same department store that wanted the signat~ the same department store that is going to be going in there. The same s~gn~ will be necessary and they will need that same height variance for their signa He would understand that the extension would include this. Mr. Aguila had no to this as long as it is the same department store. No one ~n the audience wished to address this item. At this time, Mr. Dubb returned to the Chambers. 15 ~ opinion ;omment returned ,tore "F" to May ]ajor site ~are foot at the any of ed to the Ig n and e was in t in favor ranted to e arch is :ure arch Jre arch. }bjection MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 Motion Mr. Aguila moved to approve the request for a one-year only time extension (t 1998) of a previously approved major site plan modification for a 162.502 s< addition for a new department store at the Boynton Beach Mall, subje( comments. Vice Mayor Golden seconded the motion, which carried unanimoL Concurrency and Conditional Use Time Extension Project: Agent: Owner: Location: Description: Palm Walk Adult Congregate Livin Gregg H Fierman McDermott, Will and Emery Palm Walk Associates, nc. North side ofS.W ,19~ Avenue. appr 351 feet east of Congress Avenue Request for a third, one-year time ext (August 16, 1998) for conditional us( and concurrency certification for cc of a 48 bed ACLF. Attorney Darren Fitch of McDermott, Will and Emery represented Associates. Inc. He had no objection to any of the staff comments. Mr. Dub~ asked why this is the third time an extension is being requested advised that his client did not own this property when the first two extens requested. His client recently acquired this property and just realized that the about to expire. Vice Chairman Golden felt there were extenuating circumstances becau: change in ownership. Mr. Fitch advised that this client intends the build the unit before the extension expires. Motion Mr. Aguila moved to approve the request for a final one-year time ext, conditional use approval and concurrency certification for construction of ACLF at the no~ side of S.W. 19th Avenue, approximately 351 feet east of Avenue, Palm Walk Adult Congregate Living Facility~ subject to staff comme Chairman Golden seconded the motion, which carried unanimously. 16 May 17. uare foot to staff Facility dmately !nsion approval ~struction m Walk Mr. Fitch )ns were time was of the ird time lsion for ~ 48 bed ,ongress ~ts. Vice MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA AUGUST 12, 1997 F. Other None. 9. COMMENTS BY MEMBERS Vice Chairman Golden advised that he was recently at the Meadows Square Center and noticed they were painting portions of the shopping center a diffE than what was ~approved. The stone columns in front of the building and were being changed from an off white to a dark teal. He has alerted Code C staff about this. Mr. Aguila felt they should come before this board if they want to change suggested that Ms. Heyden advise the board at the next meeting about how reads regarding color changes to preapproved elevations. Attorney Pawelczyk advised that the Visions Consultants are reviewing Development Regulations and suggested they be asked to look at this issue, 10. ADJOURNMENT There being no further business to come before the board, the meeting was at 8:51 p.m. Eve Eubanks Recording Secretary (Two Tapes) 17 ~hopping ent color gutter ~npliance ~ors, He [he code qe Land djourned