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Minutes 05-13-97 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD 1N COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 13, 1997, AT 7:00 P.M. PRESENT Stanley DubS, Chairman Jim Golden. Vice Chairman Jos~ Aguila Robert Eisner Pat Frazier Maurice Rosenstock Lee Wische Steve Myott, Alternate James Reed, Alternate Tambri Heyden. Planning & Zoning Director Michael Haag, Current Planning Jerzy Lewicki. Assistant Planner 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:06 p.m.. and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dub6 introduced the board members, and announced that Mr. Myott would sit as a voting member awaiting the arrival of Mr. Rosenstock. 3. AGENDA APPROVAL Mr. Aguila requested the addition of a discussion of the recent[y-passed Ordinance 97-10. Chairman Dub6 requested the addition of a discussion item relative to a handout. Mr. Aguila moved to approve the agenda as amended. Vice Chairman Golden seconded the motion which carried unanimously. Mr. Rosenstock arrived for the meeting, and took his place at the dais as a voting member. 4. APPROVAL OF MINUTES Mr. Aguila moved to approve the minutes of the April 8, 1997 meeting. Vice Chairman Golden seconded the motion which carried unanimously. $. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final Disposition of last meeting's agenda items. 1 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 At the April 29. 1997 meeting of this board, two items were addressed. They were the time extension for Tara Oaks and Cool Care. Ms. Heyden advised that she distributed a handout relative to a new Planning & Development Board meeting schedule. The new schedule is needed because the Planning and Zoning Department is going through a transition in trying to accommodate two things: This Ordinance will transfer the duties of the Boar¢ of Zoning Appeals and the Community Redevelopment Advisory Board to the Planning & Development Board. The new Ordinance is scheduled for second reading at the next City Commission meeting. It will also lead to a Resolution being adopted which will clarify additional duties this board will have final approval on. There will be an appeal procedure to the City Commission. The Ordinance also recognizes this board as having two meetings a month to provide applicants with another opportunity to submit during the month instead of having to wait an additional 30 days. In con~unct[on with these changes, the City Manager's Office has set a deadline for submission of Commission agenda memos. That deadline is in advance of the Planning and Development Board meeting. Once the new meeting schedule begins, items that go to the Planning & Development Board will not go to the immediately-following City Commission meeting. They will go to the one after that. The Tara Oaks time extension, which the board reviewed on April 29. will go to the City Commission meeting on Tuesday evening. Cool Care was reviewed by the Commission because they were promised an expedited schedule. The City Commission approved the request with the recommendations made by the Planning & Development Board. Ms. Heyden advised the board that there is a typographical error in the Cooker Bar & Grille report. The first sentence of Page 2 should read "restaurant" rather than "church". Chairman Dub~ pointed out that in all of tonight's applications, there is a comment relative to the fact that although signage is required to be submitted at the time of site plan approval, it was not submitted. Staff is accepting these applications .without the signage, and recommending that the signage be approved administratively. Therefore, the board never has an opportunity to see it. Ms. Heyden explained that regardless of who approves the signage, it must meet the Sign Code. In cases where aesthetic issues adse where the sign does not clearly follow the Sign Code, if the applicant does not agree with staff's recommendations~ they appeal to the Planning & Development Board. This procedure carries the direction of the previous administration regarding not delaying an application if there are some parts of it that are incomplete. Mr. Aguila does not want to be contrary to that position; however, the signage package is a integral part of the overall picture. The applicants need to know that this City will strongly 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 enforce the presentation of the sign package to the Planning & Development Board. or they will have to bring back the sign package at a later date. Motion Mr. Aguila moved that we require all applicants to submit the signage package with the site plan approval applications as part of the package, or that the sign package comes before the board at a subsequent time. It must be reviewed by this board Mr. Wische seconded the 'notion which carded unanimously. 2. OLD BUSINESS: None 7. NEW BUSINESS: A, SUBDIVISION Master Plan Modification Project: Agent: Owner: Location: Description: Quantum Park PID James G, Willard and Bowen LLP Quantum Associates West side of the intersection of 1-95 and Gateway Boulevard Request to amend the previously-approved PID master plan in connection with an amendment to the DRI as follows: Change in traffic distribution due to possible future severing of Quantum Boulevard between Lots 22 and 31 and Lots 6 through 11; and change in the master plan designation of Lots 6, 7, 8, 9, 10, 11, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 2, 3, 15, 16, and 40A from office to office/industrial use to office/industrial/commercial use; of Lots 12, 13, and 14 from office/research and development to office use; Lots 32, 33, 24A, 34B, 35, 36, 37, and 38 from office/industrial to industrial use; of Lots 17, 18, 19, 21, 39~ 52, 81, 82, 83, 84, and 85 from office to office/industrial/commercial use; of Lot 40 from office/government and institutional to government and institutional use; change in the master plan designation of Lots 58, 59, 60, 61, and 62 from industrial/research and development to office/industrial use; change in the master plan designation of Lots; 86, 87, 88, 89A, 89B and 90B from research and development to office/industrial use; change in the master plan designation of Lots 65A, 65B, 67B, and 91 from office/hotel/com mercial to office/industrial/commercial use; change in the master plan designation of Lots 63 and 64 from office/commercial to 3 MEETING MINUTES PLANNING&DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 office/industrial/commercial use; change m the master plan designation of Lot 90A from research and development to government and institutional use: change in the master plan designation of Lots 68A and 68B from research and development to office/industrial/commercial use; change in the master plan designation of Lots 56, 57, 69, 70, 72, 73A, 73B 74. and 75 from industrial to office/industrial/commercial use; change in the master plan designation of Lots 46A, 48A, 48B, 48C, 50A. 50B, 51B, and 51D from industrial to office/industrial use: change in the master designation of Lots 76. 77. 78. and 79 from industrial/commercial to commercial use: and change in the master plan deSignation of Lot 80 from office to commercial use. Chairman Dub~ acknowledged the arrival of Mayor and Mrs. Taylor. James Willard, Shutts & Bowen, Attorney for Quantum Associates, owner of the remaining undeveloped lots in Quantum Park, presented this application. The two objectives of this application are: A change To the land use designations on the different lots in Quantum Park - The Development Order for the Park which was approved in 1984. designated very specific land uses on each ct platted in Quantum Park. Since then many of the lots have been developed in accordance with that master plan. and some have been developed for slightly different uses. There ha~e been numerous changes to the Development Order which goes through a State process. The applicant eliminated a number of categories that were previously-approved on the plan such as hotel and club. ano research and development, m favor of industrial, commercial and office. Because much of the land has been sold and is approved for development or already developed, the appropriate land use can be identified on the remaining lots. Therefore. the applicant has identified the land use designations for the remaining lots without going through DRI rewew. Ali of the disagreement with staff has to do with the following: The applicant has asked for the potential of commercial use or lots fronting Gateway Boulevard and on lots on both sides of Park Ridge between Gateway and the south lot facing 1-95: and there is some disagreement on whether the lots in the northwest corner across the canal from residential should be allowed to develop for industrial or light industrial, rather than office. By having multiple designations on each of the lots, the applicant will avoid the necessity of DRI amendments if a proposed user wants to develop either an office, industrial, or commercial use on a tot that is permitted for that purpose per the Development Order. Individual uses 4 MEETING MINUTES PLANNING &DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 will still have to come before the Planning and Development Board under the PID zoning classification as a permitted use. Most potential users have expressed to the developer that the office lots on either side of Quantum Boulevard are too small. The depth and width of the lots between the canal and the road will not accommodate the size building pads they would want to develop. If a portion of the road was abandoned, there would be an opportunity to reconfigum the property into a single large building site that would still have access to Quantum Boulevard. The developer can then assemble 25 acres to custom design it for a particular large user. The purpose of getting this approval at this time is to eliminate it as a. regional issue so that it will not require further DRI "eview. The State Department of Community Affairs has indicated that they do not consider this a regional issue, and they have signed off on this application. This would still have to undergo a City of Boynton Beach road abandonment petition, be replatted as a single lot, and any services located within the area would have to be relocated. Those site-specific issues would not surface until a user is identified and approval is requested for an abandonment application. With regard to the issue of the Iand use designations. Mr. Willard pointed out that regardless of which lots are designated for commercial, the extent of commercial development in Quantum Park is limited to a maximum of 47 acres and 426~888 square feet of gross building. Those limitations will continue to apply. The applicant is of the opinion that the lots fronting on Gateway and fronting on 1-95. as well as fronting on the west side of Park Ridge. have the potential to be marketed for commercial uses. Tambri Heyden Planning and Zoning Director. explained that the City does not have its own traffic engineer. We rely on the County traffic engineer to review our traffic studies. When DRI amendments are involved, we send copies of the traffic studies to the County and the Treasure Coast Regional Planning Councit. and rely heavily on their comments. The Region's comments were forwarded to Mr. Godfrey, [he applicant's traffic consultant. We anticipate receiving a copy of the Region's response to Mr. Godrey on Thursday. Therefore, even though DCA has reviewed this application with regard to State issues, we rely on the Region's comments for traffic. This request revolves around traffic. It is critical that the City take a position and make a determination about where it wants to see these 47 acres of commercial land. Last summer. the City Commission decided on the location of those 47 acres. One of the reasons for this application is the need for flexibility. Ms. Heyden explained that Boca Raton is going through a DRI process for a 5 million square foot light industrial park. Therefore. this application would have had more merit a few years ago when the economy was stagnant, q Ms. Heyden's opinion the focus on flexibility should be relevant to the location of the industrial uses Ms. Heyden advised that the back-up material contained nine or ten points relative to where the commercial uses should be located. Ms. 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 Hoyden ~s concerned that the commercial will be built out before the industrial because of the locations of the commercial. Staff recommends that industrial be added to the Motorola lots which are currently indicated as office and research and development. The BGI lots are currently designated as office/industrial. The applicant is requesting that this designation be changed to industrial The BGI site plan indicates a freestanding office building that will be used by BGI The applicant will need to differentiate those trips because there ~s a different generator for office versus industrial. Mr. Willard indicated that the applicant has no objection to the two changes mentioned by Ms. Hoyden. Ms. Heyden explained that staff is agreeable to allowing the lots on the east side of Quantum Boulevard to be changed from office to industrial. The areas proposed for additional commercial along Gateway Boulevard and the ones on the west side of Park Ridge are a problem. With respect to Quantum Boulevard, there may be a misunderstanding among staff about the location of the severing of this road. There is a City park which has been master planned, and the Recreation and Park Department indicated that the severing of Quantum Boulevard would not allow access to that park. Ms. Hoyden will meet with them to clear up that issue because closing this portion of Quantum Boulevard would not affect access to the park. Although the traffic comments are voluminous, it is possible to move forward with this application. The comments will not necessitate the need for a revised traffic study prior to the amendment. Subsequent traffic studies will be required upon submission of the next application. With regard to Comment #9, the County recommends rewording that comment as follows: "Gateway Boulevard shall be widened with two additional lanes prior to GatewaY Boulevard reaching 31,100 trips per day for peak hour, peak season, Peak direction of 1,890 trips." Vice Chairman Golden questioned whether Ms: Heyden was intending to modify Comment #15 regardi'ng LOt 6 through 11. Ms. Heyden responded affirmatively. Ms. Hoyden advised that Comment #20 was generated as a result of FDOT's letter. Staff recommends that Lots 83, 84, and 85 be deleted for commercial use. Mr. Willard explained that at the time of the CarMax approval, it was necessary to specifically identify the lots that would be designated for commercial use. However, a note was added, and still exists on the amendment, which says lots designated for commercial land use may be changed or relocated by approval of the City Commission without further DRI review or 6 MEETING MINUTES PLAN NING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 amendment. The purpose of that note was to ensure that any changes would come back to the City Commission. Mr. Willard said the applicant is negotiating with a large distribution warehouse user for the group of six lots at the northwest corner of Gateway Boulevard and High Ridge Road. This would eliminate the need for any commercial in that location. This is a situation which might happen on many of the lots. Mr. Wische questioned why staff was not in agreement with the applicant's request since the City Commission granted the ability of this applicant to request a change in land use designation. Ms. Heyden explained that with the last Notice of Proposed Change. there was a conflict in the note that was put on the master plan that indicated that commercial uses could be moved around on the master plan without approval of DCA and Treasure Coast. Because of that conflict and the understanding that when the uses are moved around there will be impacts on segments of roadways and the intersection of Gateway and High Ridge Road. the Commission asked the applicant te come back to resolve Note ¢4 by submitting another amendment. That action by the Commission was not an indication that they would be receptive to additional commercial. Mr. Rosenstock felt this was an attempt to juggle the property to possibly satisfy the request of a potential purchaser. He asked Mr. Willard to req Jest the change he needed on only the specific lots he may be in the process of selling. Mr. Willard felt this wouId create a lot a obstacles to purchasers because the entitlement rights to the property they may want to buy are not available. Most of them do not want to go through the uncertainty of an approval process. The land uses, as proposed, will provide the maximum flexibility needed to market every lot within Quantum Park. Mr. Rosenstock expressed concern that if the board recommends changing these designations n Quantum Park. this will be creating a precedent, and he does not want to jeopardize his ethical position by not having something more substantial to base a change on. Mr. Aguila pointed out that he understood the basis of this request. However. he agrees with staff's position with respect to their objection to the commercial opportunities that will be created along Gateway Boulevard Gateway Boulevard could have the potential of becoming another strip of strips, and that is not what was envisioned years ago for this park. This is a substantial change from what everyone in Boynton Beach believed Quantum Park would become. This is the time to stand fast on what we stood fast on when times were bad. The traffic will be horrendous and the visual pollution will be terrible. There are a lot of opportunifies for commercial in areas where commercial already exists and on Park Ridge. There is no need for commercial on Gateway Boulevard. and he will not support that request In addition, he has a problem with the request to close the portion of road on Quantum Boulevard. Mr. Aguila complimented staff for their report on these issues. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 In response to Mr. Rosenstock's question. Mr. Willard explained that Mr. Aguila's concern could be addressed if the commercial designation is eliminated on the lots fronting Gateway west of Quantum Boulevard. The applicant already has a commercial designation on the lots on the south side. The request is only for three additional lots, and because of their location at the intersection, there is merit to the request. Mr. Willard withdrew the request for a commercial designation on Lots 17. 18, 19. 21. 39, and 52. The only flexibility the applicant wants is on Lots 83.84. and 85. Chairman Dub6 pointed out that if those lots go to the distribution center, the commercial designation would not make a difference. Chairman Dub6 realized that the only disagreement remaining with respect to the designation of lots deals with the lots along the canal on the northwest corner (Lots 22 to 31, and Lot 3). Mr. Willard advised that these lots are currently approved for office use only. The request for industrial is limited to light industrial and it would have to be appropriately screened. There are many industrial uses that do not have a great deal of outside activity, and would not have any more impact on the residential area than an office building. At some point, the applicant may want to reconfigure the lots to accommodate a large industdaVmanufacturing user. This is the last area where a contiguous 20+ acre parcel exists. When a site plan comes in. the issues involving the impacts to the residential would have to be addressed. In response to Mr. Aguila's question. Mr. Willard advised that no ot in this PID can be developed without the plans first going before the Planning & Development Board. Ms. Heyden feels Quantum needs to provide the City with a list of industrial uses and commercial uses. The request in this application ~s a backwards approach because once commercial is permitted, the door is open. The Zoning Code is not written by allowing all commercial uses. and then prohibiting some of them. It is important to establish the prohibited uses up front There are four levels of commercial districts in the Zoning Code. Ms. Heyden would be more comfortable with this request if she was certain there would not be fast-food restaurants and convenience stores; however. Quantum has not committed to that. Mr. Aguila generally agreed with Ms. Heyden's remarks If the use is allowed, and an applicant brings in an individual site plan. it is very difficult to see the overall effect. He questioned whether the City could request that Quantum use the C-1 C-2. C-3 and C-4 categories as guides to commit to the level of commercial on the parcels. Mr. Willard advised that he has not studied our Zoning Code. but believes Quantum could reference the categories to identify permitted types of commercial activities. Mr. Aguila suggested that Mr. Willard review this prior to the City Commission meeting on Tuesday. Mr. Willis addressed the staff comments as follows: 1. Comment t - Paragraph 4 - The applicant has no objection to this paragraph. However, the applicant rejects the balance of the comments relative to utilities. Mr. Willard believes that there was a misunderstanding. No specific use or change to the utility systems is 8 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY '13, '1997 ~)eing proposed. As users come in. if relocation or upgrade of utilities is needed the applicant will take care of that situation at his/her own expense. 2. Comment 3 - The applicant rejects this comment if the ooard allows the flexibility of closing the portion of Quantum Boulevard as a DRI issue Later in the comments is a reference to making a change to the note proposed by the applicant which currently states. "..Quantum Boulevard between Lots 22 through 31 and 6 through 11 may be vacated to allow development of adjoining lots without further DRI review." The applicant wishes to add the following clause. "subject to further City approval of a road abandonment application." 3. Comments 4, 5, and 6 - If the board approves this request, the applicant rejects Comments 4 and 5. and would include Comment#6 which is the revision to Note 5. 4 Comment 7 The applicant rejects this comment. He believes this is a misunderstanding since any abandonment would still allow access to the Park from Quantum Boulevard. 5 Comment 8 - The applicant rejects this comment since this is not a topic or subject of the request. The applicant has identified a facility manager, and he is the same oerson who deals with Boynton Beach Mall. Kevin Hallahan was given his name and phone number. 6, Comment 9 - The applicant rejects this comments since there was nothing in this application that spoke about Gateway Boulevard. The original Development Order talks about the widening of Gateway Boulevard. Ms. Heyden advised that the original Development Order required Gateway Boulevard to be widened to six lanes by 1994. The City wants a time certain on this item Mr. Willard requested an opportunity to review the origl ~al Development Order to determine if it is necessary to establish criteria for six laning Gateway Boulevard The applicant is not ready at this point to commit since this is a major obligation. Therefore. the applicant wants to reject this comment at this time. and will address it in the future. 7. Comments 10, 11, 12, and 13 - Paragraphs 1, 2, 3, and 4 are from the Treasure Coast Regional Planning Council!s letter about t'raffic issues. Mr. Godrey responded to that letter, and that is inciuded in the packet of.back-up information. Paragraph 20 is a condition suggested by the applicant because he believes that is the only issue that requires further conditions to be placed in the Development Order. There are generous limits on the amount of office, industrial and commercial space in the development of Quantum Park, There were traffic studies generated based on those limits. Moving the land uses around Will not impact the maximum number of trips generated from this project. It will change exactly where, within Quantum Park, some of the trips are generated. If the board approves Lots 83, 84, and 85 for potential commercial use, there could be commercial-generated trips coming south on High Ridge, where in the past, there were no trips. The applicant:proposed a condition that would provide additional monitoring of this intersection, and possible advanoing of the road improvements that have previously been identified and committed to by Quantum based on trips coming from the 9 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13; 1997 north. In light of elimination of commercial on these lots, there will be no greater trip generations resulting from relabeling of the land designations. 8. Comment 15 - The a oplicant has no objection to this comment. 9. Comment 16 - Lots 81 and 82 were mistakenly included in the list since they are already approved for commercial and some of the lots are withdrawn from the application. 10. Comment 17 - The applicant rejects this comment. Lots 66. 67A. and 67C were previously approved for office/hotel. The applicant proposes eliminating hotel and incorporating it within the commercial designation. 11. Comment 18 - The applicant has no objection to this comment. 12. Comment 19 - The applicant rejects this comment. 13. Comment 20 - The applicant accepts this comment. Ms. Hoyden recommends that: Comment #9 be included until the applicant's traffic engineer has an opportunity to review this. Comments 10 11. 12. and 13 came from the Region. Until their response to Mr. Godfrey is received, do not delete this comment. Comment 15. 16. and 17 - It is important to consider that the applicant submit a list of permitted uses before the land uses are changed. Comment 19 - This comment was included because there is a Costco planned for the lots. The building is large and bulky, and without much architectural interest. Ms. Hoyden would like to see design standards imposed on that building. Mr. Willard was upset by Ms. Heyden's remarks with reference to Comment #19 because he felt she was using the DRI process to provide a site specific obstacle to the marketing and development of a particular project. He felt this was inappropriate and a good way to kill the deal. There are many opportunities during the site plan review process for the City to address buffering and aesthetics. Ms. Hoyden disagreed that the timing of her remarks was inappropriate because this is a master plan. This is more than a typical DRI master plan involved. Land use and design must be reviewed. When a blanket approval is being given for industrial uses without knowing what the use is, you must plan for the worst-case scenario. Mr. Willard advised that in the future he will avoid talking to City staff about any possible users until those users sign contracts and commit to buy the property, 10 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, t997 Motion Mr. Aguila moved to approve the master plan modification for Quantum Park PID subject to the following: a. That we delete the commercial use request on Lots 17. 18. 19. 21. 39, and 52: b. that we delete industrial on Lots 3 and 22 through 31; and c. reject the request for abandonment of a portion of Quantum Boulevard between Lots 22 and 31; subject to all staff comments excepT: 1 2. That we delete the first three paragraphs in Comment #1; that we delete Comment #7. 8. 9. 10 11 12, 13. 17. and 19 in their entirety; and that the applicant meet with staff in the near future to discuss the traffic 'issues and develop some triggenng mechanisms for improvements to Gateway Boulevard when appropriate. Mr. Rosenstock seconded the motion. Vice Chairman Golden feels staff's comments were on target and this recommendation would take something away from those comments. He cannot agree with that. CHAIRMAN DUBE ANNOUNCED A PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS REQUEST. The motion carried 6-1. (Vice Chairman Gotden dissented.) B. SITE PLANS New Site Plan 1.- Project: Agent: Owner: Location: Description: Cooker Bar & Grille Restaurant David A. Donaldson Cooker Restaurant Corporation 1333 North Congress Avenue (west side of Congress Avenue, south of the Boynton C-16 Canal). Request for site plan approval to construct a 7.886 square foot restaurant and associated parking on 1.68 acres of land, Jerzy Lewicki. Assistant Planner. advised that staff had no additional comments to offer. Dave Donaldson, 4980 6th Avenue South, Naples, Florida, advised that he reviewed Exhibit "C" and does not agree with one comment. He requires clarification of another comment. Comment 19 - This is an item in process and the applicant is working with the neighbor to screen the dumpster. The 6' height requirement is not a problem. However, the neighbor 11 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 has expressed concern regarding lines of sight from the third and fourth stow. One request was to move the dumpster enclosure, but Cooker was very reluctant to do that since remote dumpsters present the potential for criminal activity. Cooker would Iike to roof the dumpster enclosure with a roof that matches the building. There would be a need for a slight variance over the 6' height to construct a roof, The board members had no objection to Mr. Donaldson's request for additional height to roof the dumpster enclosure, Comment 25 - The applicant disagrees with this comment relative to eliminating the backlit awnings, Mr Donaldson said Cooker's does not have backIit awnings. They have lights beneath the awnings that shine down for pedestrian traffic. No light shines behind the awning. The applicant shows a gooseneck fixture that shines onto the awnings. Mr. Donaldson circulated photos of other businesses north and south of this location that have the same situation he is proposing for Cooker's. VVhen Chairman Dub6 questioned why staff objects to this situation. Mr. Lewicki explained that the lighting fixture shining on the canopy would be the same as backIit awnings. Mr. Aguila explained that these light fixtures are added for architectural interest. They are not providing any real difference Vice Chairman Golden pointed out that Mr. Donaldson is not asking for anything that is not already existing on other buildings in this City, Mr. Haag advised that when Longhorn Steak House was built, there were different guidelines in effect There was a requirement to put lighting on the building. In response to Mr. Aguila's request. Mr. Donaldson agreed to use mulch other than Cypress mulch and to make sure the perimeter landscaping is n good shape or replaced. Mr Donaldson advised that the hedge row along the canal is in terrible shape. He has a revised landscape plan. and has no problem relative to the landscaping. Mr. Donaldson further confirmed that other than the words. "Bar and Grille". there will be no use of neon lighting. Motion Mr. Aguila moved to approve Cooker Bar & Grille. subject to staff comments with the following corrections: 1. Comment 19 - Some flexibility of working out the issue of raising the dumpster walls so that he can roof it in order to deal with the neighbors: 2. Eliminate Comment 25 based on the understanding there is no back lighting for the specific purpose of lighting the underside of the awnings; 3. Comment 26 - It is mandatory that it come to the board for review; and 4. that no Cypress mulch will be used and landscaping will be filled in along the perimeter landscaping where there are voids. 12 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 Mr. Eisner seconded the motion which carried unanimously. In response to Ms. Frazier's question. Mr. Donaldson advised that Cooker's hopes to begin construction in June. and be open for Thanksgiving. 2 Project: Agent: Owner: Location: Description: Lakeside Church Donald E. Bryan Bryan & Associates Lakeside Christian Church South side of Old Boynton Road, approximately 258 feet west of the intersection of Knuth Road and Old Boynton Road. Request for site plan approval to construct an 8.939 square foot church for 284 seats (main sanctuary) on 1.25 acres of land. Donald Bryan, of Bryan & Associates, represented the owner. He advised that the only comment in Exhibit "C" requiring clarification is Comment #27 which deals with the platting issue. Mr. Bryan advised that his client was unaware that platting would be required. According to staff, there is a question about whether the property qas been divided more than two times. Mr. Lewicki explained that when the tax map was researched, it was determined that Lot 53 was already split into four separate parcels. Our Code requires that when any property is split into more than three lots a plat must be submitted for City review. This process is being omitted very often, and the City ends up with non-conforming lots that require variances in the future. That problem will not present itself in this case. but staff would like to begin enforcing this requirement. The applicant can either submit a subdivision plat for the City to review or request a waiver from this requirement since the split will be a very s~mple land subdivision. Mr Bryan explained that the platting process is a four to six month process. His client is hoping to submit drawings to the Building Department within the next 30 to 45 days. The client has a financial commitment that must be met on this land by the end of July. They could lose the land if they mus[ go through the platting orocess. Ms. Heyden explained that the timing of the platting process is driven by the applicant. The City has a very quick platting process that can be accomplished in Mr. Bryan's t~me frame. The process qas been condensed to one step and can be accomplished within 30 days. The applicant will not incur any additional impact fees. The client accepted this condition, Mr. Aguila pointed out that Cypress mulch is qot to be used and the Planning & Development Board wants to see the signage at a future date, The applicant had no objection to these recommendations. 13 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 Motion Vice Chairman Golden moved to recommend approval of the site plan for Lakeside Church to construct an 8,939 square foot church for 284 seats on 1.25 acres of land subject to staff comments including the two clarifications from Mr. Aguila. Mr, Wische seconded the motion which carried unanimously. CHAIRMAN DUBI~ DECLARED A BRIEF RECESS. THE MEETING RECONVENED AFTER 10 MINUTES. 3. Project: Agent: Owner: Location: Description: Sun-Sentinel Distribution Facility at Quantum Park PID Malcolm Butters Butters Construction and Development, Inc. Quantum Associates Southeast corner of Park Ridge Boulevard and Alpha Drive Request for site plan approval to construct a 22,791 square foot distribution facility on 1,52 acres of land (Lot 46A in Quantum Corporate ParkPID). Malcolm Butters, 2005 NW 62 Street, Fort Lauderdale, Florida, explained that the proposed use is consistent with the overall plan of the Park, He requested clarification on Comment #23. Mr. Lewicki explained that the plan indicates one loading zoning and three leased areas. Staff's recommendation is that each area have a separate loading zone. or a note is to be placed on the site plan indicating that the other uses will not require loading zones. Mr. Butters agreed with all of the comments contained in Exhibit "C". Mr. Butters also added that the applicant will commit to including another window or some form of glass on the exterior g~ass Mr. Myott questioned whether a planter system is proposed along the north elevation. Mr. Butters responded negatively, but advised that there will be plantings underneath the Royal Palm Trees. Mr. Aguila requested that this board review the individual signage when the second and third tenants come into the building, He wants to make certain there is conformity. Vice Chairman Golden referred to Item #15 on Page 10. He clarified that this should read district rather than PCD disthc~. Motion Vice Chairman Golden moved to recommend approval of the site plan for the Sun-Sentinel Distribution Facility to construct a 22.791 square foot distribution facility on 1.52 acres of land at Lot 46A in Quantum Park PID. subject to staff comments Mr. Rosenstock seconded the motion which :arried unanimously. 14 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 C. OTHER: Abandonment Project: Agent: Owner: Location: Description: Bowers Park Subdivision - Blocks 10, 11 and 12 City of Boynton Beach City of Boynton Beach Alley betwee~ SE 5~h Avenue and SE 6~ Avenue on both sides of Seacrest Boulevard. west of the FEC Railway. Abandonment of a 'i5 foot wide unimproved alley. Motion Mr. Aguila moved to approve subject to staff comments. Mr. Wische seconded the motior~ which carded unanimously. Vice Chairman Golden questioned whether the property owners have agreed to accept the land from this abandonment. Ms. Heyden advised that two property owners have agreed. The remaining property owners were advised of the abandonment, but they have not responded. Code Review - LDR Text Amendment Project: Agent: Description: Automotive Service Uses in PCDs Anna Cottrell Request to amend the Zoning Code to allow automotive services uses in Planned Commercial Developments (PCDI three acres in size or larger. Anna Cottrell, 319 Clematis Street, Suite 804, West Palm Beach, Florida, said she has been working with City staff on a proposal to develop property for an automotive related PCD. The major project will be tire sales with accessory sales and service such as batteries, quick- change oil facility, and a detail shop. No tenants are signed, but the mix of uses has been determined. The retail will include small shops such as insurance, small retail and a small restaurant/deli type use. In reviewing this with staff, Ms. Cottrell found a requirement that automotive-related uses in the C-3 zoning district be on properties not leSs than five acres. A PCD requires onIY three acres. The apPlicant was made to understand that the use was eligible under the PCD. After submittal of the application, staff's interpretation was that the five-acre requirement in the C-3 zoning district rOl~s over into the use allowance in the PCD. The language in the Code is that any use alloWance in C-3 is also allowed in the PCD. Staff has interpreted that the use comes along with the acreage restriction. 15 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 The applicant is requesting an amendment to the Code to allow all uses that are within C-3 to also be allowed in PCD subject only to the PCD acreage requirement. If this request is approved, the applicant will be eligible to submit an application for the use. Ms. Cottrell feels this is a justifiable request because the City has a great deal of control in a PCD. There are built-in controls and additional controls for buffering and aesthetics which makes the five-acre requirement redundant. Ms. Cottrell said she has no problem with adding the additional 200' recommendation by staff In response to Chairman Dubb's question. Ms. Cottrell explained that the applicant was led to believe this was acceptable. Her client made a substantial investment based on the original staff interpretation. When the application was submitted and staff reviewed it. the applicant was told that the acreage requirement was not subject to variance relief. In response to Ms. Frazier's question. Ms. Cottrell explained that this will be the type of operation carded on by a Firestone or Goodyear business, n addition, there may be a smaller user to do car phone installation, radio/CB installation, and a small detail shop. All of these uses are allowed in the C=3 district. Mr. Rosenstock expressed a concern about this request because a number of years ago an auto repair shop was proposed on Congress Avenue and Golf Road. There was a tremendous amount of argument over this use at that location. Mr. Rosenstock has spent a great deal of effort to ensure that this corridor of Congress Avenue retain its beauty because of the extremely high assessed valuation of the residential in the area. By approving this request, we will see a future application for an unsightly use on Congress Avenue. He does not feel this use is appropriate on Congress Avenue. Ms. Cottrell said these Types of uses are primarily retail/service/convenience type operations, Automotive service repair shops of the past are no longer being developed because of the technology involved ~n car repairs today and because of the warranties available to the car owners The market has adapted to providing these types of customer service needs. These are clean operations that are retail oriented and not unsightly. The protections the City wants in terms of appearance will be accomplished through the PCB. The PCD requires much larger buffers and restrictions can be placed on signage. In addition, they are required to be under unified control. The five-acre limitation lends itself to a much more intense use than these smaller-types of operations. Mr. Aguila pointed out that when tenants come into these centers, they conform to the site plan Ms. CottrelI confirmed that the City will be asked to look at the site development plan at the appropriate time. Mr. Rosenstock felt the City was being asked to make this decision in a vacuum because we have not yet seen the site ~lan. However. Mr. Aguila pointed out that when the Codes are written, they are not site-specific; therefore, they are somewhat written in a vacuum. The board's responsibility is to determine whether or not a PCD should allow this use or not. Mr. Rosenstock was concerned because changing the Code will allow this in all areas of the City. 16 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, '1997 Ms. Cottrell explained that the only use allowance will be if these types of uses go in a PCD. She is not requesting allowances on smalter sites. Her request is to change the Code to allow this use on a site if it meets the acreage requirement of PCD. This use should then not have to meet the additional acreage requirements in a standard zoning district. Mr. Aguila did not have an objection to this request. Ms. Heyden explained that by granting this request, the City will have the added benefit of this project going through a rezoning to get the PCD district title and conditions of approval can be implemented. In addition, the City has another opportunity to review and place requirements on this project at site plan Michael Weiner, '102 North Swinton, represented the applicant. He explained that staff provided a recommendation to do this. The reason for that recommendation is that staff likes the idea of controlling these types of uses in a PCD where all three acres must be planned. The PCD requires target buffers, Staff feels this is good for the City. If these uses migrate to PCD areas instead of being on five-acre sites, they will.probably be better looking, have more buffers, and the City will have more contrel than if they remain under the present Codes. Instead of trying to figure out if there are site problems at this point, a determination should be made relative to whether or not this is good for the City. Mr~ Rosenstock felt that on a five-acre lot. much more could be done with landscap~ng than on a three-acre lot. However Mr. Weiner said that was not true because the regulations allowthe developers to spread out their parking lots. The PCDs have better buffers This is precisely the reason for staff's recommendation. Motion Vice Chairman Golder~ moved to recommend approval of the LDR text amendment to allow automotive services uses in the Planned Commercial Developments three acres n size or la[ger subject to staff comments. Mr. Aguila seconded the motion which carried 4-3. (Ms. Frazier. and Messrs. Eisner and Rosenstock dissented.) 9. COMMENTS BY MEMBERS 1. Letter from Mr. Brisson Chairman Dub~ distributed copies of Mr. Brisson's letter to the board members. 2. Tambri Heyden's Memorandum Regarding New Meeting Dates When Chairman Dubb questioned whether all of the board members were comfortable with two meeting dates per month, a great deal of discussion ensued. Messrs. Rosenstock did not object to two meetings per month if necessary. While other board members agreed with Mr. Rosenstock. they preferred to schedule the dates to ensure that they will De available. If there 17 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 is no need for the meeting, it can be postponed. Chairman Dubb pointed out that the Planning & Development Board will be getting new responsibilities, and it will be necessary to meet twice a month to handle those responsibilities. Mr. P, osenstock raised the issue of when the applicants are receiwng their comments. He stated that a number of applicants have told him they do not get their comments until a day or two pnor to the Planning & Development Board. He felt this was unfair to them Ms. Heyoen explained that the comments are faxed to the applicants when they are completed in the Planning and Zoning Department. The agent receives,the comments at the same time the Planning & Development Board members receive their packets of information which is on Friday prior to the Tuesday meeting. Ms. Heyden explained that this is the trade-off of an expedited review. Because of a compressed time frame, time for staff review and response of [he applicant to the comments is shortened. In order to respond to the City Manager's request for improved customer service from all City departments .she must be able to advertise with a revised deadline schedule. She needs a commitment, from the board. Mayor Taylor addressed the board and explained that the City departments have been under tremendous pressure to fast-track these items. Our purpose is to serve the oublic and we can perform better with two meetings per month. The advisory boards are also here to serve the City. It is important to plan on two meetings per month. If the second meeting ~s not necessary, it will be canceled. I~ rewewing the new duties of the Planning & Development Board. Ms. Heyden advised that she wil be providing the City Commission with her recommendations at the next City Commission meeting. Chairman Dub~ assumed the board will be assigned an attorney s~nce the members will be dealing with quasi-judicial issues. 3. Ordinance 97-10 Mr. Aguila reviewed the recently-passed Ordinance 97-10 relative to communication towers. He has the following concerns: Page 6 - There is a reference to lattice and guyed towers not being allowed. A definition of what is not being allowed should be provided Page 7 - Reference is made to attice and guyed towers - Do not tell people what they can do with guyed towers since we do not allow them. Page 7c3 - The distance from residential should ~e at least 500'. Page 7c4 - Lattice and guyed towers reference should be sliminated. 18 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 13, 1997 Page 8. Paragraph 6a - Should this be a City Commission or Planning & Development Board issue? Page 10, Paragraph 2 - Requires landscaping but makes no reference to irrigation. Irrigation. using well water, should be a requirement, and in most cases, the landscaping shoutd be 100% xeriscape Page 12 - Paragraph O - There ~s no requirement for muffling devices to protect the public. These generators will be very loud for residents within 250'~ Page 14, Paragraph 1-a - Eliminate the reference to lattice and guyed towers. Page 14. Paragraph b - Reference to engineer should be "Florida-registered Engineer". Page 15. Paragraph 6 - A distance of 200' feet is totally inaclequate. This distance should be 750' to 1.000'. In addition, does the City want to assume the responsibility of the Fire Marshall making a judgment as to whether it is okay to put a tower next to materials such as LP gas, propane, etc.? Page 17. Sec. 5. Paragraph 1 - The wore roof line is very arbitrary and hard to define That word should be changed to the highest ridge line. 10. ADJOURNMENT There being no further business to come before the Planning & Development Board, the meeting propedy adjourned at 10:55 p.m. Recording Secretary (Four Tapes) \\ch\main\sh rdata\cc\wp~min utes\p&dbd\051397.doc 19