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Minutes 06-11-96 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, JUNE 11, 1996, AT 7:00 P.M. PRESENT J. Stanley DubS, Chairman Jim Golden, Vice Chairman Jos~ Aguila Maurice Rosenstock Lee Wische Pat Frazier, Alternate James Reed, Alternate ~BSENT Robert Eisner Barry Hill Tambri Heyden, Planning & Zoning Director Jerzy Lewicki Assistant Planner Michael Rumpf, Senior Planner Mike Haag, Zoning & Site Develop. Administrator 1. PLEDGE OF ALLEGIANCE Chairman Dubb called the meeting to order at 7:05 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dub~ acknowledged the presence in the audience of Commissioner Titcomb, and introduced the board members. Alternate members Pat Frazier and James Reed sal as voting members in place of Robert Eisner and Barry Hill. 3. AGENDA APPROVAL Mr. Aguila moved to move up Item 7.B.1 to make it 7.A.2, and changed Item 7.A.2 to make it 7.A.3. Mr. Wische seconded the motion which carried unanimously. 4. APPROVAL OF MINUTES Vice Chairman Golden moved to approve the minutes of the May 14, 1996 meeting. Mr. Wische seconded the motion which carried unanimously. 5. COMMUNICATIONS AND ANNOUNCEMENTS: A. Report from the Planning and Zoning Department: 1. Final Disposition of Last Meeting's Agenda Items MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Ms. Heyden reported on the City Commission action as follows: Conditional Use for St. Joseph's Episcopal Church and School - Approved subject to this board's recommendation regarding screening of the air conditioning units and of the existing units on the gymnasium. Hills at Lake Eden PUD Chanqe in Zoning Conditions - Denied. Land Use Amendment/Rezonin.q ,for Boynton Beach CDC - Approved subject to this board's recommendation regarding height and zoning reversion when the use is discontinued. Site Plan for Nautica Sound - Approved subject to the recommendations made by this board. With regard to signage, sign area ,s interpreted by calculating the individual letters. Knuth Road PCD Service Station Site Plan - Approved subject to staff comments and recommendations of this board regarding cross access to the adjacent parcel. Boynton Beach Mall Department Store F - Approved subject to staff comments~ The City Commission decided that the variance granted in the 1980s applied to the new parking area; therefore, no wheel stops will be required. With regard to the height of the entrance feature, the City Attorney determined that the applicant is eligible to apply for a height exception. That is currently in progress. With regard to the comments relative to landscaping, there were minor changes. Vinin.qs Phase II - Approved subject to staff comments. Two Ordinances: 1. Environmental Regulations - Adopted m Drive-through window change to Community Design Plan - Approved on second reading with two minor changes. Ms. Heyden advised that there will be a special Planning and Development Board meeting on Tuesday, June 25, 1996. In response to Chairman Dubb's question, Ms. Heyden advised that medical offices are going into the facility IocateC at the southwest corner of Woolbright Road and Congress Avenue/old Glendale Federal Bank building). 2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Chairman Dub~ advised Ms. Heyden that the parking lot on the corner of Seacrest Boulevard and SE 23rd has never been sodded. Mr. Aguila advised that a very small portion was sodded and is now dead on S E 23rd. Handicap spaces were provided in that lot, but there is no way to get from hard surface to hard surface without going through the dead grass. Ms. Heyden advised that she would follow up on this situation. 6. OLD BUSINESS: None 7. NEW BUSINESS: A. PUBLIC HEARING Land Use Element Amendment/Rezonin.q Project Name: Agent: Owner: Location: Description: Quantum Park PID/PCD Center James G Willard, Esquire Quantum Associates 13.93 acres of property at the. southwest corner of 1-95 and Gateway Boulevard Request to amend the Comprehensive Plan Future Land Use Map from Office Commemial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID. Mike Rumpf, Senior Planner, made a brief presentation. Law stipulates that property adjacent to a DP, I. owned by the same entity operating the DRI, must be incorporated as part of the DRI. This particular circumstance was noted dudng the last amendment to the DRI. This is the first step ~n amending the master plan and the Future Land Use Map and rezoning the property. The use approval will be rewewed tonight, and the master plan will be reviewed at the next meeting. Jim Willard, Attornev for Quantum Associates, advised that the applicant has no comments to add to staff's recommendation. These three particular lots were left out or the onginal DRI approval. The ots are platted and enjoy the same infrastructure as the re mainder of the DRI. This would change the zoning to be consistent with the zoning in the rest of Quantum Park, and would make these lots consistent with the Comprehensive Plan. Within two weeks, these lots will be added to the DRI as part of a Notification of Change to the DRI. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 in response to Chairman Dub6's question, Mr. Willard advised that the applicant has no objections to the two conditions of approval noted in Exhibit "D". CHAIRMAN DUBI~ ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PETITION. Motion Mr. Wische moved to approve the request to amend the Comprehensive Plan Future Land Use Map from Office Commercial to Industrial and rezone from Planned Commercial Development (PCD) to Planned Industrial Development (PID) to add into the Quantum Park PID, subject to staff comments. Mr. Aguila seconded the motion. Mr. Aguila questioned how this change would affect the CDD. Mr. Willard advised that the legal description of the land that was put into the CDD were the platted lots that were customarily known as Quantum, and marketed as such. These three lots were included. Therefore, nothing will change because they were already part of that legal description. The motion carried unanimously. Use Approval Project: Agent: Owner: Location: Description: Quantum Park PID James Willard Quantum Associates West side of the intersection of Gateway Boulevard and High Ridge Road Request to amend the list of permitted uses for the Quantum Corporate Park PID to allow used car sales on industrially-designated lots within the PID. At the board's request, no presentation was made by staff. Mr. Aguila confirmed with Ms. Heyden that the purpose of this request is to altow the use in Quantum Park, and not to approve the site plan. However, Ms. Heyden explained that site conditions have been added because she feels that waiting until the site plan stage would be too late. Mr. Aguila was of the opinion that any auto dealership in the City of Boynton Beach should be a conditional use because each one needs to be evaluated on its own merit, and so that conditions can be added for aesthetics, beautification and buffering from neighbors, n looking at the site plan that was included as part of the back-up material, Mr. Aguila felt that he was looking at a "sea of asphalt". Even reviewing the brochure which was included MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 indicates that there are very few trees. When the site plan comes up for review, Mr. Aguila will push for more trees, buffers, greenery, and a softer environment. Ms. Heyden recommended that with a consensus, instead of recommending approval as a permitted use, the board could recommend approval as a conditional use. Mr. Wische disagreed with Mr. Aguila. Mr. Wische feels that the average used car lots along Federal Highway display clumps of dirt, with cars piled up. The-review this evening doesnot.include landscaping The brochure which was included indicates that the use intendedr is.as beautiful as any new car agency. He would be opposed to making this a conditional use. He feelsthis organization knows how to operate this business because they already have five successful dealerships in operation. Mr. Aguila stated that his concern is for car dealerships in general, and for the bigger picture. Mr. Aguila agrees that this oarticular dealership has a nice building and this operation will be an asset to the City; however, this is an opportunity to make a decision on whether car dealerships should be a conditional use. Jim Willard, Attorney for Quantum Associates, advised that the preliminary site plan, which was submitted with this PID use approval request, was only submitted for illustrative purposes. It was attempt to;get people acquainted with CarMax. The applicants would like to avoid site plan review at this point because the plan will change. Once the use has been approved and the DRI amendment is completed, Circuit City and their engineers will submit plans for finalsite plan approval. At that point, landscaping and everything associated with this specific site will be ready for review. Ms. Heyden stated that this particular use needs to be looked at now. She feels site plan review is too late because there is less control at that point. Generic conditions can be addressed to mitigate the things associated with this type of use. Vice Chairman Golden feels that Quantum Park was originally intended to generate jobs and expand thetax base. The commercial uses in the Park are supposed to be ancillary to the principal use which is light industriaL, toward the high tech end. In his opimon, this is a significant deviation from the concept. In addition, car dealerships tend to congregate. In Vice Chairman Golden's opinion, this is a problem. He feels this could create an auto mall situation in Quantum Park. Charrman Dub~ does not have a problem with CarMax; however, he does not want to automatically say Quantum Park can have new/used car lots. He would like to be able to decide on each one individually; therefore, he would prefer that this use be a conditional use. Once this use is approved, they will be able to put it anywhere in Quantum Park. 5 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Ms. Heyden disagreed with that statement, ane Mr. Willard advised that this request is specific to these particular lots. In Mr. Rosenstock's opinion, if a precedent is set of allowing these particular lots to change in their zoning status for this use, and someone else comes forward to do this in another location.in_Quantum Park, it would be difficult to deny that request. Ms. Heyden advised that this is not a change in the zoning or use. This is the creation of an additional use. Mr. Aguiia explained that although this particular request is for these four lots, Quantum Park could request an additional four lots within the Park for the same use. Conditional use would make it a great deal harder. n response to Mr. Rosenstock's question, Mr. Willard stated that at this point, he does not know whether he would object to a conditional use. However, the PID zoning classification covers all of Quantum Park. In the zoning code for PID, commemial, office, industrial and research and development uses are permitted on a site-by-site basis. Approval of those uses ~s required by the Planning and Development Board. Mr. Aguila explained that with a conditional use comes the ability to add any condition. If it is an allowable use, it is more difficult to add conditions that are over and above those listed in the Code. Conditional use opens the door to address the specific site. Mr. Willard said the City zoning code lists one and One-half pages of uses permitted in the Quantum Park PID. In addition to the site specific use approval concept, there is also final site plan approval. There are only approximately six users in Quantum Park. There has never been a problem in the past with buffering, landscaping or site related infrastructure or cosmetic items requested. With this use proposed, the City will have an extremely qualified and quality operator and user. The City will have an opportunity to look at the site plan and make specific comments and recommendations. Mr. Willard would prefer not to put a conditional use on this b~ecause the request is already a specific use approval. However, Mr. Willard stated that if car dealerships are conditional uses City-wide, ne will play with those rules. Mr. Rosenstock explained that his concern is for the future. His obligation is to protect the citizens and make sure we have all the controls we need so that a developer does not overstep his bounds. If CarMax is approved under a conditional use with everything they want to do, Mr. Rosenstock could not understand why Quantum Park would object. Mr. Willard said that in addition to the PID zoning, constraints, and parameters that the Code provides, Quantum is unique because it is a DRI. The DRI overlays a master plan on the zoning, and has site specific use restrictions on a lot-by-lot basis. In two weeks, a discussion will in¥olve the location of additional commercial uses in Quantum Park. Any additional car dealership requests would have to come back to the City. 6 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Mr. Aguila questioned whether or not this request was limited only to what happens in Quantum Park PID. Ms. Heyden responded affirmatively and advised that each PID has to come through with a list of permitted uses. The board can recommend that this use be limited to only these four lots within the PID. V ce Chairman Golden agreed with Mr. Willard, and disagreed with Mr. Aguila with regard to conditional uses. Conditional uses are typically a part of the standard zoning distriCts. In the PID, there is a list of permitted uses. This is part of the use approval. It would be unusual to have a conditional use in a PID. Ms. Heyden agreed that a conditional use in a PID would not be typical, but feels it would be allowed. She reminded the members that the only difference between conditional use approval and site plan approval is a public hearing. The process for both approvals is two and one-half months. Mr. Willard introduced Jim Thornton, Acting Real Estate Manager for the CarMax Division of Circuit City, and Paul McClellan, Design Coordinator. Jim Thornton, 1111 East Main Street, Richmond, Vir.qinia, explained that a great many people are interested in knowing how Circuit City became involved in this business. Circuit City saw a need and growth opportunity that was not being addressed. The used car business is a $150 billion a year business. In Circuit City's opinion, the used car business has not been consumer friendly. Circuit City's approach to the industry was to change the way used cam have been sold in the past. The idea is to make the used car process the same as a shopping experience. There are five CarMax dealerships in operation at this time, and two additional dealerships are under construction. When the customers enter CarMax, they see computer-equipped kiosks. Circuit City provides the consumer with a wide variety of cars. The inventory of cars is on the computer. The customer is able to go through the entire process without the help of a salesperson. The customer enters the components of the car he/she is interested in and the computer will search through the inventory to bring all of the cars that match the criteria to the consumer. When the customer selects the cars, the printer will print out information sheets which provide the vehicle characteristics, a photograph of the car and the bottom- line price. No negotiations take place at CarMax. The display lot contains a wide selection of late model cars. All cars are ~n top condition. There is a large profit center in warranties. The company could not make money on warranties if it is not selling top quality vehicles. All cars automatically have a 30-day warranty. Additional warranties of up to five years are available for purchase. The entire concept of CarMax s to bring in people to the used car market that were not in that market before. 7 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 All CarMax facilities look like shopping centers. The approach has been well received in all of the markets in operation. These projects tend to be Iow impact on the surrounding infrastructure and communities. This operation generates a substantial tax revenue and provides between 150 and 175 jobs with salaries of approximately $25,000 to $30,000. This is a positive force on the community. The site plans that were included in the back-up material were very preliminary layouts which were used by the company to determine where different components of the site would fit. They were not intended to include all of the landscaping that would be provided or to depict how the site would look in final construction. Mr. Wiilard addressed the staff comments as follows: With respect to all of the comments, Mr. Willard advised that the initial request was for approval of an automobile dealership -- not specifically restricted to used cars. At the present time, CarMax only deals in used cars, but they may sell new cars in ten years. Therefore, Mr. Willard requested that the reference to "used car sales" be deleted. Ms. Heyden advised that the original submittal contained the words "car dealership". Because the discussion was along the lines of used cars, an assumption was made during the process that it was the request. Ms. Heyden would not have a problem with Mr. Willard's request. Chairman Dubb confirmed that the deletion of the word "used" would take care of Comments 1,2, 3, 4, and 5. Chairman Dubb reiterated, however, that the use would be restricted to only the lots mentioned in the request. With respect to Items 2 and 5 which designate the lot numbers, those comments should include Lot 76 which was mistakenly omitted. There was no objection to this request. Mr. Willard requested that item 6 be deleted, n the preliminary site plan that was submitted with the application, the area designated as service/staging is located in a certain vicinity. These areas will be moved around on the site in subsequent versions of the plan. This area constitutes more than 15% of the site, and it ~s service and staging area. Cars are brought into the site, detailed and prepared for the display lot. The. area is screened ano buffered, and that will be presented on the final site plan. This is an "Employees Only" area. It is clearly more than 15% of the use. The language in Comment #6 comes from Section 7.E.1 of the Zoning Code under PID which talks about outdoor storage of materials. Again, this is staging, service and inventory of the operation it will be screened per the site plan. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 In response to a question from Mr. Aguila, Mr. McClellan advised that 75% of the cars come to the lot by way of car carrier. Not more than two trucks per day will bring cars to the lot. The applicant will have a dedicated turnaround area which will be screened from the street. The trucks would be restricted to certain times of the day for delivery. Mr. Haag explained that he has a problem with Mr. Willard!s request. Ms. Heyden also added that this use's materials are cars. She would like an opportunity to discuss this with the City Attorney because outside storage of vehicles in the M-1 district requires screening. She does not feel the screening requirement ~s excessive, and she supports staff's recommendation. Mr. McClellan advised that Circuit City fences the staging area with an 8' high fence which is treated woven wire. The fence is heavily landscaped in front. That landscaping will include evergreens and other materials that are native to the area. CarMax does not want the customers to be able to see into the area. Mr. Aguila asked if the applicants would be agreeable to planting materials at a relatively mature height at construction time. Mr. McClellan responded affirmatively. Mr. Thornton agreed to commit to fencing and landscaping that area. Mr. Willard stated that language would be substituted relating the commitment to fence and screen to prevent viewing by the public. Mr. Haag advised that Comment #6 includes the loading and unloading area. Mr. McClellan explained that Circuit City does not fence the loading area because this is where the trucks enter. This area is secured. He agreed to screen the area, however1 with landscaping. No trucks remain in the loading and unloading area. In response to Mr. Rosenstock's question, Mr. Willard advised that these comments were FAXED to him yesterday. He then clarified that the page of the comments containing Comment #6 was not received by him, but he was aware of the concept because it was included elsewhere in the report. With respect to Item #7, Mr. Willard advised that this addresses the peripheral greenbelt which is common to all of Quantum Park. Rather than address it as a condition of approval for the CarMax site, Mr. Willard proposed to the City Manager that Quantum Associates is committing to. within 90 days, submitting a detailed, specific peripheral greenbelt plan for all of Quantum including the -95 frontage. The plan will distinguish between different areas of the park. The applicant will submit a site specific plan within 90 days. Mr. Wische was very pleased to hear this comment because he recalled that the Community Appearance Board addressed this issue at great length. At that time, Quantum MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 turned down the proposal and felt each individual ownedbuilder would take care of their own area. He feels this offer is phenomenal. Mr. Willard explained that they envision a standard design for a greenbelt plan around the entire perimeter of the Park that could be altered on a site-by-site basis. The lack of attention to this issue by Quantum Associates had to do with not having any users buying property on the periphery. The time is appropriate to address this issue. Mrs. Frazier questioned how many cars there will be on the site. Mr. McClellan responded that there will be approximately 525 cars in the initial phase of the project. The maximum number can be 600. Mr. Wische confirmed with Mr. Willard that he would like the language tn Comment #6 substituted with the language agreed upon relative to fencing and landscaping the service/staging area to prevent view by the public. Mr. Haag advised that he would like the word opaque to remain. The applicant was agreeable. Motion Mr. Aguila moved that we approve the request to allow, as a permitted use in the Quantum Corporate Park PID, car sales on industrially-designated lots within the PID, subject to the following conditions: 1. That Lot #76 be included in the request; that the word "used" be dropped from Comments Nos. 1 through 5; that the vehicle staging area be provided with an opaque buffer to be specifically discussed during the site plan review process; that Comment #7 be deleted in its entirety and be addressed separately within 90 days as agreed upon by the applicant; and 5. that all other staff comments be kept as originally written. Mr. Wische seconded the motion which carried 6-1. (Vice Chairman Golden cast the dissenting vote.) tO MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Comprehensive Plan Text Amendment Project Name: Agent: Owner: Location: Description: Public Storage, Inc./Planning Area 1.q. Mike Carter Construction, Inc. Public Storage, Inc. Planning Area 1 .q. - West side of South Federal Highway between Old Dixie Highway and the Gulfstream Mall Request to amend the Comprehensive Plan, Section l.q, of the Future Land Use Element, Section VIII Land Use Problems and Opportunities, as it applies to property at 3000 N, Federal Highway. At the board's request, Mr. Rumpf provided a brief presentation. When the Comprehensive P an was created, part of the Plan included the Land Use Problems and Opportunities section. It was adopted by reference W thin the Future Lane Use Element. It is as official as the policies. Changes to the Future Land Use Map have involved several recommendations within the Land Use Problems and Opportunities section. Area 1.q. encompasses the area within the Old Dixie Highway/U.S. #1 corridor which is north of the Gulfstream Mall, and south of two parcels located at Old Dixie Highway/U.S. #1. This is Public Storage which was previously Stow-Away Storage. There is a remaining undeveloped phase of the project. The owners have been in contact with staff for a few years to discuss the expansion of the use. Prior to addressing the Future Land Use Element, this request is to change the text. This use is not permitted in C-3. The applicant is rec~ uesting that the land use category on the remainder of the property (which fronts on Old Dixie Highway) be changed to General Commercial (C-4). Their request is not site specific; it is area specific. It would change commercial uses within the Local Retail Commercial area to the C-4 (General Commercial) classification. There are other uses that would be deemed commercial that would fit the C-4 category rather than the C-3 category. They include Cantway properties on the north, ano Public Storage properties on the south. The other uses which are permitted in the C-3 zoning district will ,emain unaffected. Mr. Aguila noted that by changing the eastern half of Local Retail Commercial to General Commercial, many other things would be allowed that might not be desirable al the south end of Federal Highway. This would be contrary to some of the things that were discussed at the Visions 20/20 Conference. 1] MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Ro.qer Borthwick, representinq Public Stora.qe, said the applicant is wrestling with the concept of changing the entire land use designation or just dealing with their own parcel. They currently own the parcel of property on which there is an active self-storage facility. It was purchased immediately after the beginning of the year, and they found that it is split between two land use designations. They have plans to improve the property and would like to add a manager's apartment to the facility as well as climate-controlled space. The applicantis requesting that the designation be changed to General Commercial to allow them to sum up the site and capitalize on it. Based on that approval, they will submit a site plan for review and approval. Chairman Dubb questioned why this request is not limited only to this applicant's property. Mr. Rumpf responded that Chairman Dub~'s suggestion ~s a possibility, and can be a recommendation from this board. Mr. Aguila advised that he would be more agreeable to a site specific change rather than an Area 1.q. specific change. Chairman Dubb agreed that he would be su pportive of a change for the storage facility. Mr. Borthwick said the intent was to only control their own parcel, and not any other parcels. They are not interested in the surrounding properties. The applicant was not aware that their request included the other areas. Ms. Heyden explained that the wording of the request was "for those existing commercial uses". The request was to have this apply to the existing uses; therefore, it would be a continuous change ~n the land use and zoning just for those lots in the group. When a change in land use and zoning is cone for one lot in this area. staff expects that more requests will be submitted. At that point, Ms. Heyden does not know whether she or the City can deny those requests. It is Ms. Heyden's feelings thai mini-warehouses were seen as a temporary use that would recoup its costs and then "go away". Ms. Heyden stated that she would have a hard time supporting this request even for this lot alone. She feels the entire area needs to be looked at. In response to Mrs. Frazier's question, Mr. Borthwick advised that the applicant intends to construct 14,000 square feet of air conditioned storage space and a manager's apartment. Mr, Aguila referred to Page 5 of the back-up material wherein staff's recommendation was contrary to Ms. Heyden's remarks this evening. Ms. Heyden advised that over the past two days, she found it necessary to rewew the Visions 20/20 document in this regard. She attended a meeting in Delray Beach earlier this evening regarding a redevelopment area they are planning along Federal Highway. Ms. Heyden said she was aware of staff's recommendation, but she cannot support one application for one lot. t2 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Mr. Aguila said that if the request is to change Area 1.q., he will not support it. If the request is site specific, he may not be prepared to vote for it, but he is also not sure he would vote against it. His preference would be to delay a decision for 30 days to try to learn more about what Delray has proposed for the north end of their City. He is concerned that if the board hastily agrees to allow this parcel to change, we may find it hard to stop others in the area. Chairman Dub6 questioned how the applicant could expand his business without opening up this can of worms. Ms. Heyden said it is possible to do an overlay of this area where only certain C-4 uses would be allowed. Mrs. Frazier questionea whether or not this petition could be tabled until the next meeting. Ms. Heyden advised that this board does not have the ability to table items unless it is at the applicant's request. Mr. Borthwick requested that this item be tabled for 30 days so-that the board will have an opportunity to review this further. B. SITE PLANS New Site Plan Project: Agent: Owner: Location: Cedar Ridge Townhomes - Cedar Ridge Estates PUD Paramount Engineering Group, Inc. Condor Investments Southeast corner of High Ridge Road and Cedar Ridge Road (Parcel C and Parcel D of the Cedar Ridge Estates PUD) Description: Request for site plan approval to construct 110 single- family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates PUD. Jerzy Lewicki, Assistant Planner, provided a brief presentation. Joseph Basile, 50akle¥ Court, representing Condor Investments and cedar Ridqe Estates, approached the podium. Mr. Aguila pointed out that in reviewing the back-up information, it is obvious that there are four extremely dangerous intersections if stop signs are not put in place. Mr. Aguila explained the following: if you enter Birch Street from the north and pass Building 15, you will get to a three- way intersection. A stop sign is necessary on Elm and Birch at that intersection. ~3 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 At the south where you leave the pool area, a stop sign should be installed before you get onto Birch Street. There should be a stop sign at the end of Birch so that you can turn right or left, and there should be a stop sign coming from the east on Spruce. There should be a stop sign coming from the north on Forest, and coming from the east on Spruce. Mr. Basile agreed with these recommendations. Mr. Rosenstock pointed out to the applicant that there are 52 staff comments which must be addressed. Since it was his understanding that the applicant had these comments for two weeks, he questioned how the applicant could expect the board to vote on this application when there are so many outstanding comments. Mr1 Basile advised that he received these comments yesterday at approximately 10:00 a.m. Mr. Lewicki said the first submittal was submitted without landscape plans for the area. The first rou nd comments note that additional comments may be generated in the second submittal. If staff does not have the full submittal for the first round review, the number of commer~ts ~ncrease because the second round comments are, in fact, first round comments for the areas that were not covered. Mr. Rosenstock questioned why staff does not demand a complete submittal before acting on the application. Mr. Lewicki said the applicant submitted a portion of the landscape plan, but it did not cover landscaping for the entire area. Mr. Basile advised that the landscape plan was submitted for the entire area on the second submittal when he was told by staff exactly what they wanted. Mr. Rosenstock said he cannot vote on something "by guess or by gosh". He likes to vote on a firm application so that he knows what he is approwng or disapproving. At this point, he does not know how these comments will be worked out with Engineering or Planning. Chairman Dubb questioned whether or not the applicant had an opportunity to review the 52 comments. Mr. Basile responded that everything has been addressed, and he has questions on some of the comments. t4 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Mr. Basile advised that some of the landscape comments that were generated do not exist today due to the fact that after the industrial site put in the preserve area, he was required to move the road and utilities to accommodate that. The landscape plan could not be completed quickly enough for the submittal. The landscape plan was just received today. Pete Karekos Paramount Enqineerin.q Group~ Boca Raton, advised that it would be necessary to genera iy gO through each comment. Items 1,2, 3, 4, & 5 are in the process of being submitted to each agency. Items 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 are all items that have been addressed and are on the plans. item 18 will be ironed out with Engineering. This is a 50' right of way width of the local street. Items 19, 20, 21,22, and 23 are items that have been addressed and are on the plans that are in the process of being submitted. Item 24 is open for discussion. There are pros and cons to this recommendation to switch the pool and meeting hall. The applicant will try to abide to make everyone happy. Item 25 will be worked out with Engineering. Item 26 is in the process of being completed. Item 27 will be worked out with Planning because of the safety issues. Item 28 - The applicant has provided parking calculations to show that there is ample parking. The applicant will discuss this item with Planning. Mr. Rosenstock questioned the width of the garage. Mr. Basile advised that the interior of the garage is 18'. He can provide 20' in the driveway, but not inside the garage. Mr. Aguila asked staff whether the 20' requirement is for inside or outside the garage. Ms. Heyden remarked that she believes it would be inside. She also pointed out that she did not receive these comments until this meeting, and did not have an opportunity to review them. Mr. Aguila explained that 15' inside is enough room. t5 MEETING MINUTES PLANNING& DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Item 29 - Mr. Basile said the only signs being installed are at the entrance. There are no plans to install any additional street signs or development signs. Item 30 is complete. Item 31 is only a comment. Items 32 and 33 are complete. Items 34 and 35 are in the process of being completed and submitted. Items 36, 37, and 38 are complete. Item 39 is on the plan and complete. Item 40 is corn plete. Item 41 will be complete. Item 42 has been completed for review. Item 43 is complete. Item 44 is in the process of being completed and plans will be submitted to the agency. Item 45 - Mr. Basile said he has been trying to get an answer from Lake Worth Christian School. He finally received the drainage agreement from them. He will try to work more quickly to get the access document. There is a verbal agreement with Lake Worth Christian School. They provide 24 hours notice to go through the private roads to gain access to the ball fields. Mr. Basile has no objection to this comment. Item 46 - Mr. Basile's response was the same as for Item 45. Item 47 will be addressed. Item 48 has been addressed. item 49 is in the process of being addressed. items 50 and 51 will be addressed. td MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Item 52 has been addressed. With regard to item 18, Mr. Karekos advised that there is a 40' right-of-way. These are private roads that are accessible to Fire, Police and trash pickup. If this right-of-way is extended to 50', the applicant will lose a couple of buildings. The applicant cannot meet the setback. Mr. Aguila advised that the City has always required a 50' right-of-way. A 40' right-of-way is very narrow. n response to a question from Mr. Aguila, Mr. Basile advised that trash will be picked up at the curb. There are no dumpsters on site. Chairman Dub~ advised the applicant that if the board approves the request, the approval will be subject to staff comments. The applicant will then have to try to work out Item 18 with staff. Mrs. Frazier questioned the size of the units. Mr. Basile responded that the units will range from 1,900 square feet under air to 3,100 square feet under air. The cost of the units will be from the upper $90,000 range to $140,000. These units are large, spacious, up and down executive townhomes. Mrs. Frazier noted the shutters indicated on the plans. She questioned whether or not the shutters will be decorative or decorative as well as protective. Mr. Basile said he is in the process of addressing this issue. As of September 1, 1996, he will be required to meet Dade County standards. Mr. Aguila agrees that the meeting hall should be closer to the road rather than having the pool closer to the road. Mr. Basile said this is a family community and he feels it will be safer to keep the children away from the roadway. Ms. Heyden confirmed with the applicant that he objected to Comments #18 and #28. Mr. Basile added that he objects to Comment #27 where there is a recommendation to put sidewalks behind Buildings 3 and 4. Mr. Basiie feels there is a safety factor involved in this issue because the sidewalks go behind the buildings and between the buildings and preserve area. Mr. Basile would like the entire Comment #27 deleted. Motion Mr. Aguila moved to approve the request for site plan approval to construct 110 single- family townhouses and a private recreation facility on 18.88 acres within the Cedar Ridge Estates PUD, subject to staff comments with the following exceptions: ]? MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Estates PUD, subject to staff comments with the following exceptions: Comment #27 be deleted, and Comment#28 read that the exterior driveway be 20' and that the comment (Comment #24) about the meeting hall versus the pool in relationship to the road remain as per Sheet SP 1 of our submittal package. (In other words, that the meeting hall building be adjacent to the road was opposed to the pool area.) Mr. Wische seconded the motion. Mr. Rosenstock requested that the following comments be transcribed verbatim. "1 think its improper for the members of this board to vote on an issue, as much as we might want to approve it or disapprove it, when you have 52 comments that are going to be bargained for by the Engineenng and Planning Depadments without the knowledge, and beyond the scope of this board. I'd like to see these items resolved before they come to this board in the future. We've asked for this twice now, and it seems to me that its getting worse, and not better, and my comments on my sheet that I'm going to give to the City Manager are that maybe we ought to reinstitute the TRB so that all of these issues, or most of these issues are resolved before they come to a board for approval or disapproval." Ms. Heyden advised that approximately four or five years ago, the TRB had the authority to hold back plans if there were voluminous comments. We no longer have that authority. We have to pass on plans within a certain number of days of submittal. Mr. Resenstock feels that th~s is precisely the reason why the TRB should be reinstituted. However, Mr. Aguila pointed out that part of the problem that existed when the TRB was functioning was that there were certain staff members abusing this process, and projects were indefinitely postponed. The motion carried 6-1. (Mr. Rosenstock cast the dissenting vote.) Major Site Plan Modification Project: Agent: Owner: Location: Description: Knuth Road PCD Kieran Kilday, Kilday and Associates Bill Winchester, The Winchester Family Partnership, Ltd. Southwest corner of Boynton Beach Boulevard and Knuth Road intersection Request for PCD sign program approval. Kieran Kilda¥, Kilda¥ and Associates, agreed to all conditions with the exception of Item #9 which deals with the number of signs. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORI DA JUNE 11, 1996 Mr. Kilday displayed the plan which depicted the site. Along Boynton Beach Boulevard, on the north side of the property at the pdmary entrance to the project, there are plans for two signs. One of the signs will b)e a shopping center mgn, and the second will be a monument sign identifying the south parcel which is planned for a bank. The third sign (Amoco sign) is located on the corner. Along Knuth Road, at the northern entrance, there will be two signs. One sign is a shopping center sign, and the second sign is an Amoco sign on the north side of the entrance, The last sign is a shopping center sign at the south entrance. The applicant iswilling to reducetheAmoco sign on Knuth Road to a monument sign, but would like to retain the six signs as shown. Vice Chairman Golden explained that he does not have a problem with the sign program submitted; however, he will vote no because he has a problem with the original rezoning. Motion Mr. Wische moved to approve the request for PCD sign program approval for Knuth Road PCD on the southwest corner of Boynton Beach Boulevard and Knuth Road intersection, subject to staff comments, and eliminating Comment #9 as amended by Mr. Kilday. Mr. Aguila seconded the motion. Mr. Aguila confirmed with Mr. Kilday [hat this sign program can change with the bank and cross access arrangement. However, Mr. Kilday pointed out that he will come back in for site plan approval on the bank. The motion carried 5-2. (Vice Chairman Golden and Mr. Rosenstock cast the dissenting votes.) C. OTHER Discussion Change to the zoning code to add communication towers as a conditional use in the REC (Recreation and PU (Public Usage) zoning districts and prohibit in all other districts. Chairman Dub~ was of the opinion that this change would result in not being able to put towers on anything but City property. Ms. Heyden responded negatively. She said approximately one-third of the REC and Public Usage zoned properties are other than City- owned. The School Board, FPL, and DOT own some of this property. Chairman Dub~ questioned whether or not this would present a problem. He referred to the Congress Middle School property where the satellite dish is located. The City is unable to do anything to improve the looks of that property. 19 *should read,"...does not: have a problen with the sign program as amended by Mr. K_ilday;..." MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Ms. Heyden said the school would have to go through the conditional use process for a new tower. We will be contacting the School Board to make sure they are aware that they are not exempt from this process. Mr. Rosenstock feels this City is headed toward a forest of towers. The time, money and effort that was spent in trying to design the look of this City will have been wasted. Vice Chairman Golden reminded the members that a federal act requires that the City provide these types of uses. Mr. Rosenstock pointed out that this City has provided for these uses on City land. Mr. Aguila agreed that although we must provide this, we have not been told that we have to provide a "forest of toothpicks". He questioned whether or not a distance requirement could be attached to the approval so that there will be a cap on the number of towers that can be placed in the City. Ms. Heyden advised that staff came up with a radius limit of one-half mile plus conditional use, Mr. Rosenstock feels one-half mile is too close, and he recommended that since the members do not knoTM the answer to this question or what the federal statutes say, that the City Attorney review this to see what restrictions can be implemented. Vice Chairman Golden asked whether or not this use is allowed in the M-1 zoning district. Ms. Heyden responded affirmatively, but advised that the new Ordinance would prohibit the towers in the M-1 district. Mr. Aguila suggested that the board support this Ordinance in principal as submitted, but that we add a recommendation of a one-mile radius between towers. Vice Chairman Golden suggested that the distance limit be as wide as possible. Mr. Rosenstock agreed that he would like them as far apart as is humanly possible under the federal code. The members requested that Ms. Heyden investigate to see what distance limit would make the most logical sense. 8. COMMENTS BY MEMBERS Chairman Dub~ advised that he was contacted by Dr. Mark Roberts who wanted to speak at tonight's meeting. Chairman Dub~ refused him the ability to speak because he was not on the agenda. Chairman Dub~ contacted the City Attorney who advised that the board was under no obligation to allow Dr. Roberts to address the members. Vice Chairman Golden requested that he receive a copy of the Notice of Proposed Change for the Quantum Park DRI Ms. Heyden advised that she does not normally include the applications, but she will provide a copy upon request. 20 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 9. ADJOURNMENT There being no further business to come before the board, the meeting properly adjourned at 9:30 p.m. Prainito Recording Secretary (Three Tapes) 2]