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Minutes 06-24-97MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 24, 1997, AT 7:00 P.M. PRESENT Stanley Dubb, Chairman Jim Golden Vice Chairman Jos6 Aguila Pat Frazier Maurice Rosenstock Lee V~sche Steve Myott. Alternate ABSENT Robert Eisner James Reed. Alternate Tambri Heyden, Director of Planning and Zoning Jerzy Lewicki. Assistant Planner Mike Pawelczyk. Asst. City Attorney 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:03 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dubb introduced the board members and Assistant City Attorney Mike Pawetczyk He also'advised that Mr. Reed is in Hong Kong by invitation of the Chinese government. 3. AGENDA APPROVAL Mr. Aguila moved to approve the agenda. unanimously. 4. APPROVAL OF MINUTES Mr. Aguila moved to approve the minutes as presented. which carried unanimously, 5. COMMUNICATIONS AND ANNOUNCEMENTS A: Mr. Wische seconded the motion which carried Mr. Wische seconded the motion Report from the Planning and Zoning Department 1. Final DispositiOn of June '10th and May 13th meeting agenda items Ms. Heyden reported on the City Commission action on the following items: MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 Pollo Tropical Abandonment - Deleted from the agenda. This item will be resubmitted in August. The applicant is resubmitting to expand the scope of the abandonment. Bowers Park Subdivision Abandonment -Approved Master Plan Modification & DRI Amendment for Quantum Park - Approved the request but denied all changes that added additional commercial lots except for the lot that the hotel will be located on. The industrial changes were approved except for the lots that abut Dos Lagos. In addition, for future DRI amendments, there will be costs associated with the application for the services of a traffic consultant, Tara Oaks Time Extension - Approved with the exception of Comments 5 and 6 regarding the reservation fee Cooker Bar & Grille Site Plan - Approved subject to staff comments and the Planning & Development Board recommendations. Lakeside Church Site Plan - Approved subject to staff comments and the Planning and Development Board recommendations. Sun-Sentinel Distribution Facility at Quantum Park Site Plan - Approved subject to staff comments. Code Review of a Request to Change the PCD Regulations to Allow Automotive Stations on a Minimum of Three Acres - Approved Additional Duties for the Planning & Development Board - Approved on second reading. Amerope Site Plan at High Ridge Commerce Park PID - Approved with the exception of Comment #17. High Ridge Commerce Park PID Use Approval environmental review. 6. OLD BUSINESS Approved subject to None NEW BUSINESS A. PUBLIC HEARING Rezoning 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 Proiec~: Agent: Owner: Location: Description: Heise/Auto Care Center of America PCD Anna Cottrell Westlake Hardware. Inc. Approximately 160' south of the southeast corner of Congress Avenue and Woolbdght Road Request for master plan approval m construct a 21.264 square foot retail complex that includes a facility for minor automotive repair on 3.63 acres of land in connection with a request to rezone the parcel from Community Commercial (C-3) to Planned Commercial Development (PCD). Attorney Pawelczyk administered the oath to all who would speak on this application. Mr. Lewicki advised that the handout replaces Page 6 of Planning an~ Zoning Divisio~ Memorandum No. 97~293 and Pages 20 and 21 (Conditions of Approva0. In addition, please note the following changes: Page 16 - Comment #5 should read: "All comments (except 7 and 6_) shall be met prior to permit issuance." Page 17 - Comment #10 should read, "It is recommended that the project not be considered by the Planning & Development Board Jf items 7 and _6 are not submitted prior to the Board meeting/' Page 19 - Comment #26 - The third line from the bottom should be changed to read. "The north, east and west buffer shall be the same as the south_ buffer, but without the wall." Mr. Aguila confirme~ with Mr. Lewicki and Ms. Heyden that the only change on Page 6 of Ptanning and Zoning Division Memorandum No. 97-293 is the second recommendation which reads. "It is recommended that the trim, arches, pillars, and scoring proposed on the west elevations be extended to all Other elevations." Ms. Heyden further explained that the new Pages 20 and 21 were retyped to add the additionai recommendation indicated on Page 6 of Memorandum 97-293. In addition, Comment #38 was m~ssing from the first report. That error has been corrected. Anna Cottrell, 319 Clematis Street, Suite 804, West Palm Beach, was present to represent the applicant. Michael Weiner. Attorney, was also present. In response to Mr. Rosenstock's question, she advised that staff attempted to FAX this staff report to her on Friday, June 20'"; however her FAX machine ran out of paper and only half of the report was received. Ms. Cottrell was unaware of this until Sunday. She received the entire report on Monday. Ms. Cottrell reminded lhe board members that she brought forth the recommendation to amend the Zoning Code to reduce the required acreage for automotive retail uses from five acres n a standard zoning district to three acres in a Planned Commercial Development. When that MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 recommendation was brought forward there was discussion about this proposed use. This is an automotive retail use and very minor repairs. These uses are light in intensity and this project has a low floor area ratio. An additional building close to Woolbright Road was originally proposed. However, after working with staff, it was determined that the site plan needs evaluation before presenting a proposal for the use of the balance of the property. That retail building has been deleted at this point. This proposal meets all requirements of the Land Development Regulations with one exception There is a request for a waiver of the Design Guidelines that do not allow overhead doors on major thoroughfares. In all other respects, this project meets or exceeds the Code requirements. Ms. Cottrell explained that the applicant ~s in agreement with most of the staff conditions of approval, and she thanked staff for working with them on the conditions. She addressed the conditions as follows: Comment #8 - Ms. Cottrell advised that Mr. Lewicki agreed [o secure a determination from Engineenng regarding whether they are requiring 8' sidewalks around the sntire building, or only in front of the building as ~roposed by the applicant on the site plan. Mr. Lewicki advised that in discussion with Ken Hall he learned that the purpose of the comment is to orovide 8' sidewalks in front of both buildings (west side of both buildings) where parking abuts the building (not on any other side of the building). in conjunction with this comment, there is a comment relative to foundation landscaping around the building. Staff would like to have a 2' strip of landscaping on the west side of the building to provide a buffer for pedestrian traffic along the elevations of the building There would be 4' of sidewalk for pedestrian flow. and 2' of overhang. Ms. Cottrel] agreed to Comment #8 with Mr. Lewicki's clarification At Mr. Aguila's request, Ms Cottrell explained that the applicant is attempting to find 2' for landscape planting. It is an 8' sidewalk with a 2' overhang. The Police Department and Engineering have recommended that wheel stops not be incorporated into this plan because of the possible trip hazards. The applicant has 6' of unimpeded access. ADA requires 5'. If the applicant can go to 5' plus 2'. he will only have to find 1'. If it is required that the applicant go to 5' plus 2'. he can find the 2' by aushing the building back 2' to the east. Ms. Cottrell feels the 5' plus 2' will work. With the clarification. [he applicant agrees to Comment #8. The ultimate width of the sidewalk will be discussed when the foundation planting is addressed. Comment #21 - The doom that face Congress Avenue for the oil change facility are the subjects of the waiver of the Design Appeal. When a change was made in the original proposal from conditional use and variances to this Planned Commercial Development with no waivers, the landscape buffers had to be increased. The applicant eliminated the building ME ETING MIN UTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 result of ncreasing the landscape buffers. There is also a requirement that automotive uses are not closer than 200' to residential uses. The only residential use is on the south side. There is no other way to meet all other concerns about a monolithic building, distance from the residences, orientation that will not disturb adjacent land uses. and still have a workable facility for Quick Change. Staff's recommendation for entrance and exit from the same side with r~o openings oe Congress Avenue does not work. If the applicant places the doors ~n a way that meets the Code, they would be placing them on the south side which will impact the residents and have a greater visual impact because the doors will be obvious to anyone traveling north or south. With the landscaping proposed the front of [he building will be hidden. Quick Change provides service from a basement IeveL The visual impact is no greater than looking at a parked car. Reorienting the building will produce a much greater visual irn pact. Mr. Wische advised that he recently lectured the City Commission about being ~nconsistent. Taco Bell was denied their request because they wanted a drive-through window facing the street. Mr. Wische likes the project, but feels he must abide by the Code. Ms. Cottrell explained that the waiverwill still allow the applicant to meet the intent of the Code because if they follow the literal language, there will be a far greater impact. Ms. Cottrell is of the belief that a Planned Commercial Development allows flexibility of the Regulations. The PCD designation provides for uniformity of s~gnage, some architectural controls, and much larger buffers. When the building ~s oriented so that it does not face Congress Avenue. the opening will be on the north and south sides. The south side will face the residential district. By orienting it to Congress, you reduce the visual impact because the passersby would need to look at a right angle to see the garage doors. Mr. Rosenstock questioned why the applicant cannot apply the same screening to the east/west view that will be provided from the north/south view. He further pointed out that the adjoining building will block the view. Ms. CottrelI explained that will be a totally separate building which will not allow the applicant to meet the intent of integrating the buildings by visually connecting them The turning radii in and out of the building do not work. and the applicant cannot make the mix of uses work if the building is reonented. This board will not create a precedent because this is a Planned Commercial Development. This board has the ability to condition this, and the evaluation is based on the totality of the elerr ants that are presented and the way the total project meets the intent of the Code. By separating this to require reonentation, a greater separation of the buildings will result. Vice Chairman Golden questioned the reason for rezoning to PCD when this project could be developed under C-3. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, '1997 Ms. Cottrell explained that mzoning to PCD eliminated the need for a variance to build on three acres. In addition, she believes PCD is the most consistent with what already exists in the Code. Chairman Dub~ acknowledged the arrival of Mayor and Mm. Taylor. Vice Chairman Golden referred to Comment #9 regarding the buffer wall. Ms. Cottrell said the site plan will accommodate the screen walls if that is the recommendation n response to Mr. Wische's question. Ms. Cottmll explained that by closing the west side, the cars will back into the stacking lane. The cars must enter one side and leave from the front. To arrange this operation in a north/south direction would require a significant amount of compromise in the design of the site. In addition. Ms. Cottrell does not believe it is physically possible to meet ali other staff comments with a north/south orientation. Comment #26 - The applicant met with the neighbors to the south who made some recommendations and are generally supportive of this project if some coi~sideration is given to buffering. The applicant has agreed. The wall on the south side of the project is at 4' high and 6' high levels. The neighbors have requested that the wall be increased to 6' or 8 on that side. In addition, they have made recommendations on the planting. Therefore Ms. Cottrell said the first ~)art of Comment #26 relative to the berm concrete block wall, shrubs and Palm trees is acceptable. However, she mq Jested flexibility to provide consistency with what the neighbors want. With regard to applying the same buffering on the north, east. and west sides. Ms. Cottrell explained that there is a 10' buffer. A 3' berm does not fit well and will not accomplish [he results the City is seeking. Ms. Cottrell proposes a 18" high berm She requested that the sentence be deleted, and the berm be reduced to 18". Chairman Dubb advised that 3' high is the maximum a wall can be built under the Code. Comment #31 - The proposal for another building was eliminated until further evaluation is complete. The applicant is not leaving this ama as green space. The driveway is appropriately located to allow for more development. Comment #32 - Them is a recommendation that the applicant connect the retail and service buildings with a decorative archway. Ms. Cottmll requested that this condition be deleted Roy Massa, 3500 Harvard Circle, Delray Beach, is the architect for the project. He explained that both buildings were designed with the arches anti the elevated fronts to make them look like they are one project. 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 Ms. Cottrell explained that the difficulty with the archway is that it is the driveway between the buildings. This archway do~s not aesthetically add to the project, and it presents difficulties since it does not serve a function Staff is also recommending that the overall height be reduced from what is proposed. The building meets staff's proposal in terms of total height. However, the pillars and arches exceed the 23' that is recommended. The addition of the archway cannot be done at 23'. Ms. Heyden advised that staff is recommending that the archway be over 23'. Mr. Aguila pointed out that 14' will clear every type of vehicle on the Interstate. r~ addition, 14' 's high enougn for fire trucks. Mr. Aguila believes the arch over the driveway will work well. Mr. Aguila does not have an objection to the rezoning, but does have a problem with the architecture. He is concerned about the fact that only one side of the building has been treated architecturally. Ms. Cottrell suggested that the members provide input about their concerns relative to architectural elements and building heights, and attach them as conditions to the site plan approval. She will =ontinue to work with staff on those conditions. Ms. Heyden explained that rezoning involves the issue of beautification. In order to approve the rezoning, the board must address aesthetics, and this is the appropriate time to do that since the members have more leverage at this time than they will at site plan. Chairman Dub~ questioned why it is necessary to have an archway rather that just carrying the roof line straight across. Ms. Heyden advised that the zomng change and the master plan cannot be separated. They are bound together. In a standard zoning district, this use must be on a five-acre parcel. When the Code was changed to allow this use, there was a requirement that the use be connected to the ma~n building because we did not want these uses on outparcels, unrelated to neighboring buildings Ms. Cottrell agreed to connect the building as stated in Comment #32. Comment #33 - Ms. Cottrell requested flexibility, where practicable, in placing the foundation landscaping. If there is no requirement to put a sidewalk on the south side of the oil change facility or the north side of the retail they will put foundation plantings on those two sides of the buildings. She would like to indicate that "except for vehicular and pedestrian connections, where practicable. we will install foundation landscaping" Mr. Lewicki confirmed with Ms. Cottrel~ that she agrees m include foundation landscaping on the north south and west elevations except where there are vehicular and pedestrian connections, and where practicable. Mr. Lewicki is concerned about the west elevation where the foundation landscaping will show between the entrances to the stores, particularly in the 7 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, '1997 retail area. This will provide a buffer where the doors swing out into the pedestrian walkways. Ms. Cottreil agreed that there will be foundation plantings on the west side of the building. Comment #34 - Ms. CottrelJ requested deletion of this comment since the building would have to be pushed back 20' to 22'. The result will be wasted space in the front and this footage will be taken out of retention behind the retail building and the service drive behind the tire store. The members were in agreement with the request to delete this comment. In response to Vice Chairman Golden's question, Mr. Lewicki explained that this was an attempt to align elevations so as to create the elevation of a street. Ms. Heyden added that this recommendation also serves to increase the width of the buffer. It would allow meandering of buffering. Comment #35 - This is acceptable. Comment #39 -.The building does not exceed 23 but the treatment on the facade does, Staff would like that reduced to be consistent with the height of the building next door, Ms. Cottrell feels this is related to proportionality. There was agreement that the maximum height would oe 30'. Comment #41 - This item was discussed with Comment #31 Chairman Dubb pointed out that no measurements were shown relative to the cross-access1 If this cross-access is put in line with the parking, it will take out the loading zoning from McDonald's. Ms. Cottrell explained that the McDonald's site plan was approved based on the accommodation of the cross-access. This applicant lined it up with what is already existing. Comment #43 - The functional problem with extending the trim arches pillars, and scoring all around the building is that it will interfere with roof drainage. Ms. Cottrell said the trim and scoring is no problem and can be extended. Ms. Cottrell agreed to do something on the north and south. Mr. Massa suggested using a stucco treatment with the arch recessed and colored differently. Mr. Aguila explained that there are awmngs, canopies, trims score lines, bands of tile. etc.. that can be mcerporated to add interest and show pride in the design. He further pointed out that the parapets do not appear to be high enough to conceal rooftop equipment. He would like raised parapets. Ms. CottreJl advised that no roof-mounted equipment is proposed Ms. Heyden was agreeable to the applicant treating the north and south walls, and the northeast corner of the building. In response to Mr. Aguila's question, Ms. Heyden confirmed that the aesthetics related to the color of the building can be worked out at site plan Comment #21 - Ms, Cottrell feels approval of this waiver will not set a precedent because it is within the PCD and it is a logical use of the flexibility available to the board. There is no adverse impact involved in having the garage door open on 8 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 Congress Avenue because of the buffering. This is a good use that is in demand and generally supported by the neighbors. Mr. Aguila questioned whether or not a requirement could be attached to the approval that would mandate the doors to be closed at all times except to remove a vehicle after service. However. the members realized that this would be a situation that would have to be monitored. Mr. Massa advised that no stacking of vehicles would be obvious from Congress Avenue because they will be stacking behind the building. The doors facing Congress Avenue are the exits. Ms. Cottrell offered to commit to keeping the doors closed during the time when work Is being done. However, Mr. Aguila reminded her that this will be impossible to monitor. Mr. Aguila advised that he was involved in the decision not to allow overhead doors to face major thoroughfares. The reason for that decision was that we did not want [he major thoroughfares to look like ~ warehouse. This project does not do that. Each project must be dealt with on a case-by-case basis. A POD allows more flexibility than normal zonings, and he does not have a oroblem with this design. He believes this is the least impacting orientation. Chairman Dub~ asked Attorney Pawelczyk to explain whether approval of this project would set a precedent. Attorney Pawelczyk advised that approval of this projec~ would not set a precedent because each property is considered on its own merits. Past projects have nothing to do with this application. Chairman Dubb announced the PUBLIC HEARING. Barbara Grisdale, 2400 SW 19t~ Avenue, Unit t36, said her living room faces this proJect and she does not want to look at garage doom. If the doom face Congress Avenue. she will not see them. In addition she recommended moving the driveway on Congress Avenue because people cut through and it becomes a speedway. The architect spoke with the residents, and agreed to build a higher wall and add landscaping. Chairman Dub~ acknowledged the arrival of Commissioner Matt Bradley. With no one else wishing to speak, Chairman Dubb closed the PUBLIC HEARING. Mr. Aguila questioned whether or not a requirement could be added to include speed bumps in the access drives. Mr. RoSenstock advised that if an accident takes place over a speed bump, there is liability and it is very difficult to defend. Ms. Cottrell is willing to investigate channeling the traffic through the use of speed bumps or other kinds of barriers. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 In response to Ms. Frazier's question, Martin Heise, 943 Clintmore Road, Boca Raton, explained that he is not certain whether this will be a seven-day a week operation. Goodyear and Oil Connection are involved in the project Both of these organizations are ~n Palm Beach County, and Mr. Heise will provide that information for the members. The automotive portion of the building has building lighting but no site lighting. This operation will close at approximately 6:00 p.m. Mr. Wische asked for a clarification of staff's position on this application if the applicant does not delete the west overhead doors as recommended. Ms. Heyden advised that she cannot support overhead doors facing Congress Avenue. The applicant will then need a Design Plan Appeal. MS. Cottrell advised that an application for that appeal has already been submitted. This appeal will come before the board with the site plan. Mr. Aguila questioned whether the board could approve the overhead doors tonight, but then deny them during the Design Plan Appeal. Ms. Heyden explained that the applicant expressed that this was a "make or break" ssue. If the board cannot support the oYerhead doors, the applicant needs to know that. Mr. Myott explained that the way the Code reads, if the doors for the oil change were oriented to the north and south, they would still not meet Code because they would still face Woolbright Road. Mr. Lewicki explained that that would not be the case because there is an intervening building on the site Vice Chairman Golden requested clarification on Comment #26. Ms. Cottrell does not believe a 3' high berm will provide the visual effect the City wants. She offered to work with staff to create an undulating berm along Congress Avenue at an average height of 18". Ms.-Cottrell said the applicant is willing to go to a 24" berm and will work with staff on an undulating berm along Congress Avenue Mr. Aguila feels the recommendations in Comment #26 are important and apply lo the south property line. However, he cannot comment on the other three sides until he sees the landscape plan. Therefore. Vice Chairman Gblden recommended using staff's recommendation on the south property boundary and leaving flexibility for the remaining property boundaries to be addressed at site plan. Ms. Cottrell offered a proposal to eliminate the requirement for the design waiver. The applicant offered to make the project work so that the doors can swing open rather than be opened overhead. The facade will be identical, bbt it eliminates the need for a design waiver. The applicant will be 100% consistent with the Code requirements for this project. When Mr. Rosenstock suggested that the applicant was playing with the verbiage, Mr. Weiner read from the Code that states overhead doors shall not be located on a building facade that faces a public or private street. The Code does not say doors that swing out are prohibited. 10 MEETING.MINUTES NT BOARD iA JUNE 24, 1997 C tk I to recommend approval of the request for master plan approval 'foot retail complex that includes a facility for minor automotive ~connection with a request to rezone the parcel from Community ~ommercial Development (PCD), subject to staff comments with that requirement on the east, nor[h, and west property ~dscape requii-ement tobe determined at the time of site - Modify to indicate that we desire some consistency e determined at time of site plan approval: and ___~t has agreed not to exceed 30'. Mr. Aguila seconded the motion. Mr. Aguila requested that the motion be amended to include the following: 1. Comment 8 ~ Provide a 5' sidewalk, 2' of foundation planting, and shift the building 1' to the east. 2. Comment 31:- Delete the portion of Comment 31 that moves the driveway east. 3. Comment 33- Add the words. "and where practicable". Ms. Heyden advised that Comment #9 must be eliminated if the board agrees to have staff work this out with the applicant at the site plan level. Therefore. there was agreement by the board to delete Comment #9. Vice Chairman Golden agreed to amend his motion to include all of the above amendments made by Mr. Aguila. Mn. Aguila seconded the amended motion Mr. Wische confirmed with Vice Chairman Golden that this motion does not include the overhea~t garage doors. Mr Myott,,.~ also confirme~d,'. . , :with Ms. Heyden that if the board members approve this mobon' w~th' the co~ents (lncludm¢. Comment #21), they will not be approving the project with the doors facing t~'8 street. Ms. ~?yden recommended that the motion include the words overhead doors or servi;de openings. ~)wever, Mr. Aguila and Chairman Dub~ felt that would be a Code change Ms. Hey~len ,explained ~hat if this ~ssue is postponed until site plan level the applicant will call these d,~ors something~)ther than overhead doors and they will not need the appeal. Vice Chairma'~ G~lden expl~ nbd that the intent of the Code is not to allow these types of doors fac ng th~ street. Ms. H~yden reminded him that the Code says "overhead doors". 11 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, '1997 Mr. Aguila said the alternative in this case would be to turn the facility to face north and south. However. the residents to the south will be exposed to those doors all of the time as opposed to them being seen by passersby, who would have To angle their heads while traveling at 60 mph On Congress Avenue. Mr. Aguila does not have a problem with this request. A roll cell vote was polled as follows: Pat Frazier Nay Lee Wische Nay Josh Aguila Aye Stan Dub~ Nay Jim Golden Aye Maurice Rosenstock Nay Steve Myott Nay The vote was 2-5. Ms. Cottrell requested that the board members state the reasons for their negative votes. In addition she explained that the proposal to change the doors was not meant to be a proposal to manipulate the Code or find a loophole. Mr. Rosenstock's reason for his negative vote relates to the fact that the Code specifically states that there are to be no overhead doors, which he interprets to be service doors, facing public or private thoroughfares. Chairman Dubb explained that if an appeal was before the board, he would approve it in this case because of the way it is designed. Mr. Aguila agreec~ with Chairman Dubb's remarks. He realizes that what this applicant is proposing s not the reason why Boynton Beach decided to prohibit overhead doors on major thoroughfares. This project is tastefully done. Motion_ Mr. Aguila moved to approve the request for master plan approval to construct a 21.264 square foot retail complex that includes a facility for m~nor automotive repair on 3.63 acres of land in connection with a request to rezone the parcel from Community Commercial (C-3) to Planned Commercial Development (PCD) subject to all staff comments with the following changes: 1. Modify Comment #8 to allow for a 5' walkway, 2' foundation planting, and shifting the building 1' to the east. This comment applies to the western elevation walkway. 2. Comment #9 is deleted. 3. Comment #21 is deleted. 4. Comment #26 - Remove ail reference to the north, east, and west buffer wall as being the same as the south buffer. 5. Comment #31 - Delete reference to relocating the road 22' to the east. 12 MEETING MINUTES PLANNING &DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, 1997 6 Comment #33 - Provides for a landscaping. 7. Comment #34 is deleted. 8. Comments #35. 36. 37. and 38 surrounding architecture. 9. Comment #39 is amended so that the height of the elements do not exceed 30'. practical evaluation of the foundation - Modify to indicate compatibility with Chairman Dubb passed the gavel and seconded the motion Mr. Rosenstock questioned why Comment #21 was eliminated from Mr. Aguila's motion Mr. Aguila explained that he does not have an objection to the overhead doors. A roll call vote was polled as follows: Steve Myott No Maudce Rosenstock No Jim Golden No Stan Dub~ Yes Jos6 Aguila Yes Lee Wische No Pat Frazier No The vote was 2-5. Chairman Dub6 and Mr. Aguila felt these motions indicate that the members' feelings on this project have nothing to do with the garage doors since they did not favor either motion~ Messrs. Rosenstock and Wische took excePtion to these comments. Motion Vice Chairman Golden moved that we recommend approval of the request for master plan approval to construct a 21,264 square foot retail complex that includes a facility for minor automotive repair on 3.63 acres of land in connection with a request to rezone the parcel from Community Commercial (C-3) to Planned Commercial Development (PCD) subject to staff comments with the following changes: 1. Comment 8 - Provide a 5' sidewalk, 2' of foundation planting, and shift the building 1' to the east. 2. Comment #9 - Delete 3. Item 26 - Modify the requirement on the east, north; and west property boundaries -- the landscape requirement to be determined at the time of site plan approval. 4. Comment 31 - Delete the portion of Comment 31 that moves the driveway east. 5. Comment 33 - Add the words, "and where practicable". 6. Item 34 - Delete ¸13 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 24, '1997 7. Items 35 through 38 - Modify to indicate that we desire some consistency and those items will be determined at time of site plan approval;,,end- ,, 8 Item 39 - The applicant has agreed not to exceed 30'. 9. Item #21 - Delete existing Comment #21 and replace it to indicate that no automotive service doors shall be permitted facing the street regardless of the method of opening. Mr. Wische seconded the motion. A roll call vote was polled as follows: Pat Frazier Yes Lee Wische Yes Jos6 Aguiia Yes Stan Dub6 No Jim Golden Yes Maurice Rosenstock Yes Steve Myott No The vote was 5-2. B. OTHER None 8. COMMENTS BY MEMBERS None 9. ADJOURNMENT There being no further business to come before the Planning and Development Board, the meeting properly adjourned at 9:20 p.m. Recording Secretary (Three Tapes) 14