Minutes 10-10-95 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
ON TUESDAY, OCTOBER 10, 1995, AT 7:00 P.M.
Stan DubS, Chairman
Jim Golden. Vice Chairman
Dave Beasley
Robert Eisner
Maurice Rosenstock
Jaime Titcomb
Lee Wische
Pat Frazier, Alternate
William Burton Alternate
Tambri Heyden, Planning & Zoning
Director
Mike Rumpf, Senior Planner
Dan DeCarlo, Senior Planner
Chairman Dub~ called the meeting to order at 7:05 p.m., and led the Pledge of Allegiance to
the Flag.
2. IISLTR_QDJ~CTION OF MAYOR: COMMISSLO- ' - : .... :~- F. RS
Chairman Dub~ introduced the board members.
3. -- :: - - :- :-~
Vice Chairman Golden moved to approve. Mr. Beasley seconded the motion which carried
unanimously.
4. A P P ROV,~LOa~M~L~ES
Mr. Rosenstock moved to accept the minutes. Mr. Wische seconded the motion which carried
unanimously.
5. ~NICATIONS & ANNOU3~
A. Report from the Planning and Zoning Department
1. Final disposition of last month's agenda items
a. Miner Road Abandonment - The Planning and Development
MINUTES
PLAN NING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Board recommended denial because the application was lacking
counter applications and because of a recommendation from the
Fire Department relative to retaining the right-of-way for future
use,
The City Commission tabled this item pending receipt of all the
abandonment applications.
Forest Court Abandonment - The City Attorney recommended
that we require with this, and future applications, that the
applicant secure a legal opinion from an attorney regarding
ownership of rights-of-way. That legal opinion has been
submitted by Mr. Harris, and it is currently being reviewed by the
City Attorney.
Three Abandonments for Poinciana School The City
Commission approved the three abandonments subject to staff
comments.
Master Plan for Grove Plaza - This project was approved by the
City Commission subject to staff comments.
Community Design Plan Appeal for Boynton Festive Center-This
appeal was for Hops Grill & Bar. The City Commission
supported the applicant's position and approved the project in
the way it was presented by the applicant.
Packaging Concepts - Use Approval and Site Plan Approval - The
Planning & Development Board discussed the possibility of
widening the road for tractor/trailer usage. However, the Police
Department retracted their comment relative to widening the
road following a site visit. With regard to the use approval, the
applicant raised concerns about the requirement for surety. This
item was handled under the DRI for Quantum Park.
Site Plan Approval for Boynton Estates - The City Commission
endorsed staff's recommendation relative to the name of the
project, and approved the site plan.
Main Street Car Wash - The City Commission approved this
project.
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Time Extension for Palm Walk - The City Commission approved
the time extension subject to staff comments.
Clear Copy Site Plan - The Cit~: Commission approved this
project subject to staff comments and after the applicant offered
additional items.
Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan
Modifications
The Quarterly Report was transmitted for the period through September 30, 1995. When the
last Quarterly Report was issued, the board requested that a list of approved waivers and
modifications be included. This report includes a separate list of those items. The next
Quarterly Report will contain a separate list by category -- commercial versus residential.
Chairman Dub(~ noted that Longhorn has submitted a request to enclose their porch. He
inquired as to their plan to accomplish this enclosure. Ms. Heyden was not able to answer
that question at this time.
None
A. PUBLIC HEARING
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Commons
Robert A. Bentz
Land Design South
Bill Ray Winchester & Elsie A. Winchester
The southwest corner of Old Boynton Road and
Congress Avenue
Request for zoning and master plan approval to
construct a 186,130 square foot retail complex on
23.03 acres of land in connection with a rezoning
from C:3 to Planned Commercial Development
(PCD)
3
MINUTES
PLANNING & DEVELOPMENT BOARD
~OYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Mike Rumpf made the presentation using Planning and Zoning Department Memorandum No.
95-566. This property falls within Planning Area 7.f. This project plans to include five (5)
single-story buildings with uses that may include a restaurant, office, and other retail tenants.
The surrounding land uses include the Boynton Festive Center and Old Boynton Road to the
north: Oakwood Square Shopping Center and Congress Avenue to the east: the L-24 Canal and
developed retail commercial and utility uses to the south: and Winchester Park Boulevard and
undeveloped property to the west.
Access to the PCD is provided by four ingress/egress driveways; two onto Winchester Park
Boulevard and two located on Congress Avenue. All driveways allow right and left-turn in and
out of the site with the exception of the south driveway on Congress Avenue which is limited
to right in and out. There are two drive-throughs indicated on the master plan for a bank and
pharmacywhich prevents them from being required to be reviewed as conditional uses. There
are 979 parking spaces proposed on the master plan, and only 931 are required for this site.
The perimeter greenbelt requirement for the Code nas been met except for a short segment
along the site perimeter. A landscape appeal will be heard later this evening to allow the
perimeter landscape element to be placed on the north side of the accessway.
Mr. Rumpf pointed out an error which exists on the master plan. The major tenant #1 is
shown on the graphic as 50.000 square feet. It should be shown as 27,000 square feet. This
error will be corrected. The proposed developer of the site has a future concept for the
undeveloped portion of the property to the north.
Staff recommends that this request be approved subject to staff comments referenced in the
staff report and the correction of the error which was noted~ This recommendation is based
on the follOwing:
The proposed rezoning is consistent with the Comprehensive Plan
recommendation for Planned Commercial Development zoning as described
for Planning Area 7.f within the Future Land Use Support Document, Section
VIII - Land Use Problems and Opportunities;
o
The design of the proposed PCD is in compliance with the design criteria
established in the zoning code, subject to staff comments;
The proposed master plan meets the criteria represented by the three standards
for zoning property to PCD, subject to compliance with relevant staff
comments;
4
MI N UTES
PLANNING & DEVELOPMENT BOARD
BOYNTON [~EACH, FLORIDA
OCTOBER 10, 1995
o
The commercial uses allowed in the PCD district are consistent with uses
allowed in the present C-3 zoning; and
The proposed zoning, PCD, in general, is comparable to the existing C-3 zoning
tCommunity Commercial).
~c~[c~Desi ~ i ~ .: ngress; advised that the applicant is ~roposing
the greenbelt around the peri meter. However. instead of the hedge and tree approach, the
applicant wishes to do an alternating shade tree and smaller grouping of three landscape
elements such as Palms or smaller flowering trees. The applicant has submitted the site plan
and the landscape plans required for site plan approval to the TRC for review on October 24.
The applicant has gone through the TRC under this rezoning request and has responded to all
requests.
Chairman Dub~ pointed out that there were a number of items brought up by Engineering.
Mr. Lelanic said there were no problems with any of the items brought up by Engineering.
Items #18 and 19 were brought up on the first TRC rewew of the site plan. Because of the
discrepancy bet~veen a site plan and master plan, they deferred to handle some of those items
at site p]an review time. The items that must be addressed prior to master plan approval nave
been satisfied.
CHAIRMAN DUBI~ ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS APPLICATION.
Chairman Dub~ acknowledged the presence in the audience of Commissioner Rosen.
Mr. Wische moved to approve the request for Boynton Commons for zoning and master plan
approval to construct a 186,130 square foot retail complex on 23.03 acres of land in
connection with a rezoning from C-3 to Planned Commercial Development (PCD) located on
the southwest corner of Old Boynton Road and Congress Avenue, subject to all staff
comments. Vice Chairman Golden seconded the motion which carried unanimously.
Vice Chairman Golden moved to move up the landscape appeal from Item 7-B~1 to Item A-
l .A. Mr. Wische seconded the motion which carried unanimously.
Lal~dscap_e~ppeal
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Project Name:
Agent:
Owner:
Location:
Description:
Boynton Commons
Robert A. Bentz
Land Design South
Bill Ray Winchester & Elsie A. Winchester
The southwest corner of Old Boynton Road and
Congress Avenue
Request for a landscape code appeal to omit a 2½'
wide landscape strip between the vehicle use area
and the abutting property ine at the southwest
corner of the site.
Mike Rumpf made the presentation using the overhead p~ojector to display the master plan.
The section of the code being appealed refers to the perimeter landscape strip which is
required bet~veen the vehicle use area and the abutting property line. The ocation of the area
being appealed is on the southwest portion of the site along the southwest accessway. The
request is to amend approximately 270 lineal feet of hedge planted 18" tall spaced 2' on
center and installed in a 2.5' wide landscape stri 0. The code states that me purpose of the
landscape strip and hedge is to form a visual buffer to screen the view of the vehicle use area
from abutting property. The applicant does not want to relocate the access aisle to
accommodate that landscape strip due to the curb cut already existing in this location and 'n
anticipation of a future access road.
The Planning and Zoning Department recommends approval of this appeal provided that the
approval of the appeal does not grant the property owner to the south an exemption to
installing the required landscape material n a minimum 2.5' wide landscape strip.
Mn Rosenstock asked for further clarification of the reqaest. Using the plans, Mr. Rumpf
pointed out the location of the landscape strip and explained that there is not enough width
between the accessway and the property line to install this landscape strip. The applicant
requested permission to place the strip on the northern side of th e accessway.
Mr. Beasley confirmed with Mr. Rumpf that when the property next to this parcel is
developed, they will be required to install a landscape strip.
ALTHOUGH THIS WAS NOTA PUBLIC HEARING ITEM, CHAIRMAN DUBI~ ANNOUNCED
THAT THE BOARD WOULD ACCEPT INPUT FROM THE AUDIENCE. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
]o~LedanJ~~th~. advised that the key to this area is an existing ingress/egress
easement. This allows this property and the property to the south access to Winchester Park
BouleVard through the median opening. This easement must remain. It already contains
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
pavement and it is a joint use for both properties. The applicant is proposing to provide the
i0' PCD buffer. The only difference is that the applicant would like to place it on the north
side of the easement. A hedge and tree row are proposed along the area.
Motion
Vice Chairman Golden moved to recommend approval of the landscape code appeal for
Boynton Commons to omit a 2½' wide landscape strip between the vehicle use area and the
abutting property line at the southwest corner of the site. Mr. Wische seconded the motion
which carried unanimously.
THE PROCEEDINGS REVERTED TO THE PUBLIC HEARING PORTION OF THE AGENDA.
C~itional Use A.uproval
o
Project Name:
Agent:
Owner:
Location:
Description:
St. Joseph's Episcopal Church and School
Jerome F. Milord
St. Joseph's Episcopal Church
3300 South Seacrest Boulevard
Request for conditional use approval to construct a new
6,482 square foot classroom building to the existing
school, a 30 space parking lot and tennis courts.
Mr. Titcomb declared a conflict of interest and would not participate in this hearing. Mrs.
Frazier replaced Mr. Titcomb as a voting member.
Dan DeCarlo made the presentation. The surrounding land uses and zoning include existing
single-family homes zoned R-1AAB to the north; Seacrest Boulevard, existing houses and the
Seacrest Scrub zoned R-1AAB to the east; undeveloped vacant land zoned R-1AA to the south;
and a single-family neighborhood zoned R-1AAB to the west.
The following standards were evaluated:
Ingress and egress - The site has two driveways to the on-site parking area. The
driveways are located on Seacrest Boulevard and Swinton Avenue.
Off-street parking and loading area - A 1988 shared parking agreement was
modified in 1994 to allow approval of the gymnasium and classroom expansion
in 1994. Palm Beach County Traffic required a deed restriction to be filed that
limited student enrollment to 225. This request provides a new 6,329 square
foot classroom building and an adjacent 970 square foot fenced playground
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, H_ORIDA
OCTOBER 10~ 1995
area. The 31 new parking spaceS will be located north of the building.
o
Refuse and service area - The Public Works Department does not anticipate any
problems with the proposed layout and waste pickup.
°
Utilities - Utilities are available and there are no concerns relative to the
proposed new constructiOn.
Screening, buffering and landscaping - The new landscaping will be consistent
with all City codes.
Signs and proposed exterior lighting - Additional parking lot lighting is not
anticipated to produce glare or pose problems for the surrounding
neighborhood provided the recommendations set forth in Planning and Zoning
Department Memorandum No. 95-549 regarding shielding lighting and
illumination levels, are required as conditions of approval.
Chairman Dub(~ acknowledge the presence in the audience of Mayor and Mrs. Taylor.
Setbacks and open space - Al! setbacks meet the R-1AA building and site
regulations and the majority of the site remains pervious.
°
General compatibility with adjacent properties - The existing facility has not
generated any adverse comments.
°
Height of the buildings and structures ~ The building height is compatible with
the remainder of the site and adjacent communities. The highest point of the
new building is 21 0 above adJacent ground level.
The proposed project is in compliance with Standards 10, 11, and 12.
The Planning and Zoning Department recommends approval of this conditional use request
subject to reflection of staff comments and all of the other applicable City of Boynton Beach
Code of Ordinances on the plans submitted for building permits.
Jerry Mi[oJ~l, Presidenkof Milord~e~opJ~nt CoJ~poration~. 3600~S. Corjgress Avenue~
reported that this project will help improve the environment of the school. The present library
building now houses the library, two pre-kindergarten classes, and kindergarten. The pre-k
and kindergarten classes will be moved to the new building.
Chairman Dub(~ acknowledged the presence in the audience of Vice Mayor Bradley.
MINUTES
?LANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
CHAIRMAN DUB¢ ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT
WHO WISHED TO SPEAK ON THIS PROJECT.
Motion
Mr. Rosenstock moved that the project of St. Joseph's Episcopal Church and School request
for conditional use approval to construct a new 6,482 square foot classroom building to the
existing school, a 30 space parking lot and tennis courts be approved subject to all staff
comments. Mr. Eisner seconded the motion which carried unanimously.
Mr. Titcomb resumed his duties as a regular board member.
B. APPEALS
Lal:ld~cape
Project Name:
Agent:
Owner:
Location:
Descri pti on:
UPS Communication Data Center
Collene W. Waiter
Kilday & Associates, Inc.
GR Palm Associates
3800 S. Congress Avenue
Request for a landscape code appeal to omit the
2½' wide landscape strips between the vehicle use
area and the abutting property line at the southeast
corner of the property, the east property line and
the north property line.
Motion
Vice Chairman Golden moved to amend the agenda to move this item after the site plan and
proceed with Carrabba's Italian Grill. Mr. Titcomb seconded the motion which carried
unanimously.
Item 7-B.2, Landscape Appeal for UPS Communication Data Center will now become Item
7-C.3.
SITE PLANS
~Lea~Site Plan
1. Project Name:
Carrabba's Italian Grill at the Target Shopping
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Agent:
Owner:
Location:
Description:
Center
Lisa A. Tropepe, P.E.
Sha[Ioway, Foy, Rayman & Newel]. Inc.
Am erican Development Corporation
Southwest corner of N.W. 22nd Avenue (Gateway
Bou evarm and Congress Avenue
Request for site plan approval to construct a 6,238
square foot, 222 seat, one-story restaurant on a
1.617 acre outparcel at the Target Shopping
Center.
Dan DeCarlo made the presentation. The land use designation is General Commercial, and
the zoning designation is Community Commercial (C-3). The surrounding land uses are N.W.
22nd Avenue and Mahogany Bay to the north; the Target Shopping Center to the south;
Congress Avenue and Motorola to the east: and Savannah Lakes to the west. This property is
an outparcel within the Target Shopping Center which ~s an im proved lot with parking and
andscaping. With regard to traffic concurrency, the Palm Beach County Traffic Division has
reviewed the traffic generation and impact proposed by this ou[parcel, and has determined
that there will be no net increase in trips generated than that previously approved ~'or the
center. There is currently a capacity problem with Gateway Boulevard. To avoid having to
make improvements to Gateway Boulevard, which are scheduled by th.e County for next year.
traffic concurrency was met by reducing the 75,000 square feet of office use vested as part of
the Catalina Centre to 68.230 square feet. This outparcel does not have access to the major
public right-of-way; however, one two-way major driveway into the existing Target parking
lot offers access to the subject site. The proposed parking facility contains the required spaces
for commercial or restaurant use with 222 seats planned. The proposed development includes
all minimum landscaping required by Code, and meets the requirements of the building and
site regulations for C-3 zoning.
The proposed stucco building will match the color of the adjacent Target building and
includes green trim and green and white awnings. The colors are compatible with the colors
of the neighboring structures. There will be signage on the facade of the building and one
freestanding sign on the northeast corner of the parcel.
The Planning and Zoning Department recommends approval of this site plan request sub. ect
to reflection of staff comments and all other applicable City of Boynton Beach Code of
Ordinances on the plans submitted for building permits.
~e, 1201 Bpdvedere~l~oad. West Palm.each. reported that all second-round
comments were rewewed, and the applicant is confident that all of those comments can be
addressed.
10
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Motion
Vice Chairman Golden moved to recommend approval of the site plan for Carrabba's Italian
Grill to construct a 6,238 square foot, 222 seat. one-story restaurant on a 1.61 7 acre outparcel
at the Target Shopping Center subject to all staff comments. Mr. Beasley seconded the motion
which carried 6-0. IMr. Wische was away from the dais.
&g~Lor Site Plan Modific~n
2. Project Name:
Agent:
Owner:
Location:
Description:
UPS Communication Data Center
Collene W. Walter
Kilday & Associates. Inc.
GR Palm Associates
3800 S. Congress
Request to amend the previously-approved site
plan to construct 486 new parking spaces and
upgrade the existing vehicle use area.
Chairman Dub~ acknowledged the presence m the audience of City Manager Parker.
Dan DeCarlo made the presentation. He advised that the zoning is M-1 (Light Industrial) and
the land use desig~ atio~ is Industrial The site area is 32.89 acres, and the building square
footage is 124,281 square foot of which 95,200 square feet will be used by UPS. The
surrounding land uses are warehousing and industrial uses to the north: the canal to the south:
1-95 to the east: and vacant land to the west.
Minor changes to the exterior of the structure are proposed The building color will remain
as is. Substantial modifications will be required to the interior to achieve the required floor
plan for the 750 employees expected for the commumcation and customer service operations.
Additional parking spaces will be constructed on the east side of the building.
With regard to concurrency and traffic, the existing project is anticipated to be vested for
traffic concurrency. Verification is forthcoming from Palm Beach County Traffic Division.
Two entrances to the existing facility now' exist off Congress Avenue. Only the one furthest
south will be utilized. The north driveway wil be blocked off with a chain supported by
bollards.
UPS needs a minimum of 750 parking spaces solely for their employee use. Therefore.
11
MIN UTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
additional parking needs to be provided on the site. According to City Code~ an increase ih
parking stalls exceeding 25 percent of the existing stalls requires upgrading of the entire
parking facility, including new and existi ng vehicle use areas. It is because of this requirement
that the applicant is before the Planning and Development Board and City Commission for a
major site plan modification and a request for a parking lot variance.
Based on the zoning requirements of one space per every two employees, the project would
require 375 parking spaces for the UPS tenant and 61 spaces allocated for the 30,081 square
feet of vacant space. With both existing aha proposed space, more than sufficient parking will
be included on the site to meet the Cityrs zoni~ g requirements to occupy the building.
An appeal to the City's landscape code has been filed concurrently with this major site plan
modification application. Appeals are needed for the required hedge along the eastern,
northern and sot~thern perimeters of the parking areas. Al other landscaping shall meet the
Boynton Beach landscape code requirements.
The proposed development meets the requirements of the building and site regulations. Two
canopies are proposed at both entrances to the building, goth will match the color of the
building. Signage was not submitted with the application It's recommendec~ that future
signage be addressed administratively at the time of permit review.
Mr. Rosenstock referred to staff's recommendation wherein the following statement exists,
"However, staff recommends that the required landscape material ~e installed along the north
and south sides of the vehicle use area." Mr. Rosenstock requested that Mr. DeCarlo point to
these locations on the map. Mr. DeCarlo advised that the applicant is requesting an appeal
on the north, east, and south portions.
Mr. Rosenstock said he is very familiar with this particular site. When visiting the property,
looking to the east reveals only a vacant lot. Looking north reveals warehouses. However,
when driving in either direction on Congress Avenue, the addition to the parking lot will be
obvious. The developer's request for relief from the landscaping to the north and east presents
no problem and Mr. Rosenstock will support that request. Mr. Rosenstock is surprised that
staff's recommendation is for the placement of landscape material on the north and south
sides. The applicant has agreed to put additional landscaping on Congress Avenue. Mr.
Rosenstock could not understand why the recommendation of staff insists that UPS be required
to do so much work to the north and east portions of the site. He feels it would be better for
the viewing public to see that the front is landscaped. In addition, he suggested placing
landscape materials in the area to block the view of the new parking lot to the north.
Ms. Heyden explained that the requirement is not just to screen from the travelling public.
It is to screen from the adjacent property owner. In addition, there are exotics on the property
]2
MIN UTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
which must be removed. The City Forester is checking to see if the landscape appeal for the
north is necessary. There is a hedge on the adjacent property line which may satisfy the
requirement.
KJera~ Kilday; agent fot~tbe applicaub displayed a~ aerial to depict the area being
considered. The area being leased by the applicant has a small frontage on Congress Avenue
and travels to the east, wraps around the back side of the existing lake, and then travels east
again to the railroad tracks.
At the time the application was submitted, there was no change proposed for the color of the
building. Since that time, and following site visits, a decision was made to repaint the
building. The replacement colors wil be "putty" for the building, and dark brown for the trim.
The applicant plans a s~gnificant landscape hedge along the perimeter of the building on the
front end. The area involving the variance is reconstructed parking area, the new parking area
and the Process 1 area. Whe~ reviewing the Code, it talks about screening the property from
ao, acent areas. As indicated, there is nothing to screen from on the east. south or north. The
applicant has requested the variance as it affects the parking lot only.
The parking lot appeal deals with the south parking area. The UPS facility is renting the north
two-thirds ~%) of the building. The remainder will be vacant. The applicant agrees with staff's
recommendation that the upgrade to the south area would occur in conjunction with the use
being proposed for the balance of the building.
Mr. Rosenstock pointed out that the City is very anxious to assist UPS. However. he felt it was
incumbent upon this board to protect and defend all citizens of the City. He questioned
whether UPS would agree to install a greater effect (including some trees~ up and down
Congress Avenue. He feels this would be a tremendous service to the community. He
reported that Phase I has been completed on the landscaping of medians on Congress Avenue.
Phase II will begin when the road is expanded to six lanes. Those medians wil be developed
with floral plantings.
Mr. Kilday agreed to the request to plant some additional trees between the two roads.
Commissioner Rosen inquired as to the hours of operation of this facility. Mr. Kilday advised
that the first employees will arrive at 7:00 a.m., and the last shift will finish at 8:00 p.m.
Mo~ion
Mr. Rosenstock moved UPS CommuniCation Data Center, represented by Kilday & Associates,
that the request to amend the previously-approved site plan to construct 486 new parking
]3
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10~ 1995
spaces and upgrade the existing vehicle use area be approved subject to the comments made
by staff, and comments made by the board this evening. Mr. Wische Seconded the motion.
Vice Chairman Golden confirmed with Mr~ Rosenstock that this motion includes the
installatiOn of the additional trees on Congress Avenue.
The motion carried unanimously.
3. Project Name:
Agent:
Owner:
Location:
Description:
UPS Communication Data Center
Collene W. Walter
Kilday & Associates, Inc.
GR Palm Associates
3800 S. Congress
Request for a landscape code appeal to omit the
2½' wide landscape strips between the vehicle use
area and the abutting property line at the southeast
corner of the property, the east property line and
the north property line.
Mr. Rosenstock pointed out that there will be approximately 750 employees at this facility and
questioned how the applicant plans to put this number of cars onto a main thoroughfare
during a working day. Mr. Kilday explained that there wil be staggered shifts of 150 to 200
employees during any one individual shift. Mr. Rosenstock wondered whether or not the
applicant contemplated any traffic problems due to the traffic light within 500'. Mr. Kilday's
response was negative and stated that the traffic light is of assistance to UPS. The applicant
is in the process of seeking modification to the median in this area. There was a median cut
n this area, but it was eliminated during the reconstruction. The applicant has submitted an
application to DOT which is not yet approved.
Mr. DeCarlo restated the appeal as a request to eliminate the required hedge on the north,
southeast and eastern side of the proposed existing parking areas. All other areas around the
perimeter of the parcel will meet or exceed landscape code requirements. The impact or
omission of the perimeter hedge which would normally be required on the eastern side of the
proposed and existing parking areas at this location is minimal based on the 500' distance
from the vehicle use area to 1-95. The Planning and Zoning Department recommends
approval of this request for omission of the wedge along the east side of the vehicle area;
however, recommends that the required landscape material be installed along the north and
south sides of the vehicle use area.
Chairman Dub~ pointed out that it was now his understanding that the north is no longer in
question. Therefore, staff's recommendation is for installation of the landscape material along
14
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
the south side of the vehicle use area.
Mr. DeCarlo explained that the City Forester was asked To look at the site. He has confirmed
that there is a problem of exotics on the site along the northern perimeter which will have to
be addressed. Mr. Kilda¥ said that if there are exotics on this property, they will be removed.
Motion
Vice Chairman Go]den moved to recommend approval of the landscape appeal for UPS to
omit the 2½' wide landscape strips between the vehicle use area and the abutting property
subject to staff comments which would, in effecL mean omission of the landscape strip along
the east property boundary. Mr. Titcomb seconded the motion which carried unanimously.
Mr. Kilday pointed out that there was discussio~ about additional landscapin~ on the north.
He thought that additional landscaping was m lieu of doing the small area on the south of the
parking lot.
Vice Chairman Golden stated that Mr. Rosenstock's remarks related to additional trees along
Congress Avenue which were incorporated as part of the recommendation for the site plan
approval. That was not part of the landscape appeal
Chairman Dub~ feels that the northern portion will probably not be an issue by the time this
application goes to the City Commission.
Mr. Kilday would rather take the cost, which is not a large cost on the south property line. and
use it to enhance the front of the building. They will submit a cost estimate.
Mr. Rosenstock felt this was an excellent idea, and Chairman Dub(~ agreed that this could be
modified witi~ staff prior to the City Commission meeting.
D. OTHER
P~king~t Variance
Project Name:
Agent:
Owner:
Location:
Description:
UPS Communication Data Center
Collene W. Walter
Kilday & Associates, Inc.
GR Palm Associates
3800 S. Congress
Request for relief from Chapter 23 - Parking Lots,
Article I, Section 2.F of the Land Development
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Regulations, to allow an increase ~n parking spaces
which exceeds 25 percent of the existing stalls
without upgrading the portion of the existing
vehicle use area located between the south
property line and the existing building.
Dan DeCarlo made the presentation and explained that this request for variance involves the
applicant's need to expand the parking lot beyond 25 percent of the existing spaces provided
at the site. The variance excludes implementation of the regulations pertaining to required
improvements as subscribed in Article I[, Chapter 23.
The applicant proposes upgrading all of the existing vehicle use area with the exception of the
area which is south of the building. This area contains 152 parking spaces. The applicant
further proposes that the area remain as is and that it be upgraded to comply with current
regulations at the ti~me when tenants occupy the vacant space within the building.
On Tuesday, September 12, 1995, the TRC reviewed the plans and documents submitted and
formulated a recommendation with regard to the variance requested. After review and
discussion, the TRC recommended approval of the req ~est to expand the parking area by more
than 25 percent without upgrading, to current parking lot regulations, the vehicle use area
located in the south. This recommendation for approval is subject to the property owner
upgrading the subject vehicle use area at the time that a tenant expands into or occupies any
portion of the 30.081 square feet of vacant space. Also. since the applicant did not address
or include the north access aisle as part of this request, this access aisle shall be upgraded at
the time of tenant occupancy of thevacant space, or earlier, if UPS finds that they need to use
it.
Mr. Kilday agreed to the conditions.
Vice Chairman Golde~ pointed out that no copy of the variance application was included in
the back-up material. As part of the request, the applicant must define the hardship.
Ms. Heyden advised that staff has stopped including these applications in all of the packages.
She will include them in the future if the bOard wishes to see the applications. She could not
recall the applicant's justification for a hardship.
Mr. Kilday said that although the code requires less parking than what existed on the site, the
applicant was constructing twice as much parking to code. The only area which was not
being upgraded was an area which will not be utilized for parking purposes. It made sense
to request not having to upgrade that area until such time as it would be utilized.
16
MINUTES
pLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Vice Chairman Golden pointed out that a variance, once approved, runs with the land. If the
board grants this variance, it will be with a stipulation that the area be upgraded in the future.
He questioned whether or not the City Attorney was comfortable with this. Ms, Heyden said
this point has been discussed with the City Attorney and he is comfortable with it.
Motion
Mr. Rosenstock mowed, regarding UPS Communication Data Center at 3800 S. Congress
Avenue, to appr°Ve a request for rel;ief from Chapter 23, Parking Lots, Article I, Section 2.F,
of the Land DeveloPment Regulations to allow an increase in parking spaces which exceeds
25 percent of the existing stalls without upgrading the portion of the existing vehicle use area
located bet~veen the south proPerty line and the existing building. Vice Chairman Golden
seconded the motion which carried unanimously.
E. TIME EXTENSION
Project Name:
Agent:
Owner:
Location:
Description:
RaceTrac Service Station at Shoppes of
Woolbright PCD
Anna Cottrell
Basehart & Cottrell, Inc.
RaceTrac Petroleum Inc.
Northwest corner of S.W. 8th Street and
Woolbright Road
Request to grant a five-month retroactive and a
one-year time extension for site plan approval and
concurrency exemption.
Mr. Wische questioned why this item is on the agenda since all of the back, up material
indicates that this project is exempt because of a court order.
Ms. Heyden explained that this project is exempt only for concurrency (traffic).
RaceTrac became the property owner earlier this year. This time extension, if approved,
would be in effect until April 20, 1996. In 1993, a master plan modification was approved.
At that same time, the City Commission approved a site plan for RaceTrac. On April 30, 1993,
the applicant applied for a building permit. On May 17, 1994, the City Commission granted
a one-year time extension for site plan approval and concurrency exemption which expired
on April 20, 1995. When the time extension was granted, the applicant indicated that by mid-
June, 1994, FP&L would complete the removal of the poles and the installation of new lines.
This has been done, but there has been no progress on the building permit. Based on the lack
of activity for a period of more than six months, the Building Department voided the permit
17
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
application on May 16, 1995.
An environmental review approval took place on May 11, 1995. The approval was subject
to conditions which have not yet been satisfied. The applicant has one year to satisfy those
conditions.
Our codeallows the City Commission, at its discretion, to approve an extension for one year
provided the request has been submitted prior to the expiration. This request was not
submitted prior to the expiration: however, historically, site plan extensions have been granted
retroactively under certain circumstances.
With respect to concurrency, the Shoppes of Woolbright PCD ~s exempt and vested
indefinitely without requiring extension as part of the court order.
Staff reviewed this request and unanimously recommended that the five-m onth retroactive and
one-year site plan extension be granted subject to compliance with the previously-approved
site plan and permit review comments. The recommendation is based upon a technical
stan(~point on y. As part of the court order, the applicant was allowed to abide by all codes
related to 1985; therefore, staff is not required to reevaluate this time extension for any codes
that might have changed.
Mr. Wische referred to Chapter 4, Section 5 of the Land Development Regulations. He read
from this section and reiterated that the City Commission has the authority to grant a time
extension provided the applicant requests the extension prior to the expiration date of one
year. lie further pointed out the City Commission's authority to impose additional conditions
to conform the site plan to current development standards.
Ms. Heyden explained that the code requirement relative to imposing additional conditions
applies to all projects throughout the City other than this one.
Chairman Dub~ pointed out that this applicant could keep extending this indefinitely and
never build the gas station, or build it under old codes.
Ms. Heyden explained that the City attempted to put together a new stipulated settlement
agreement earlier this year which removed that clause; however, the agreement has not yet
been signed.
Ann,~C~Jt. xe][,3532~)~)keechobee~oad; We~s~P~lm Beach, advised that there was a delay
in the development of this property because of the requirement to relocate FP&L poles. In
addition, there were two other significant issues which contributed to the delay. The first issue
was the requirement to remove an existing trunk line for a sewer service which ran through
MINUTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
the middle of this property. This project took time to accomplish and the City would not
abandon the easement until the relocation took place. The abandonment was approved by
the City in February of 1995. The other major issue which caused delay was the requirement
that the original developer do some remediation on a drainage pond. This property is part of
a general service management permit issued by the Water Management District. The specific
drainage permit was delayed by South Florida Water Management until the original developer
complied with the conditions of the original general permit.
RaceTrac had a contract to purchase the property contingent on certain items that were to be
handled by the seller. They closed on the property in April of 1994, but the seller still had
some obi gation to complete the work required to relocate the trunk line, and the remediation
on the pond. Those items have been done now. but the drainage pond project was only
completed in April of 1995. When that project was completed. RaceTrac attempted to
reactivate their permit and found that their site plan approval had expired.
No changes have been made in these plans from the original submittal. The developer is
ready to secure permits, an~ has all jurisdictional agency permits at this time. The only thing
they need is their building permit from the City.
After anal yzing the current ~roperty development regulations against this project, Ms. Cottrell
found that the only difference between this site plan as originally approved, and the current
code. is that there is now a requirement to do a 10' perimeter buffer which will affect only one
area of this site. This plan meets the current code.
Mr. Rosenstock questioned whether or not this particular outparcel was on the original court-
ordered site plan. When Ms. Heyden responded negatively, Mr. Rosenstock stated that it is
tt~en not subject to the court order.
Ms. Heyden explained that the buildings on the west side of S.W. 8th Street were to be one
building. When the master plan modification was approved after the court order was signed
and sealed, the square footage was split into an outparcel at the corner and designated a gas
station use on it. All development o~ the property is under the court order unless it is
dissolved or superseded by another court order.
Ms. Cottrell explained that she was with the planning firm that was originally involved in the
application for the development. There was a master plan. The court order vested a certain
level of development for the site. She does not believe there was ever a site-specific site plan
that was part of the order. The order states that based on the settlement agreement,
development that takes place within the project meets the 1986 code. This site plan is
consistent with that 1986 code.
]9
MIN UTES
PLANNING & DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
OCTOBER 10, 1995
Mr. Rosenstock feels that the court order acknowledged that the developers were wrongfully
detained from develop~ ng the site in the manner they chose. The court looked at the plan that
was in effect and told the City that the site must be developed in the manner n which the
deVeloper wants to develop it and froze it at that point.
Mr. Rosenstock feels it is incumbent upon the Commission to determine whether there are any
other factors that may now become relevant to a gas station use. If we can fin d a reason that
may jeopardize the City of Boynton Beach or any other legitimate reason, this use can be
denied. Mr. Rosenstock will vote against this project.
Vice Chairman Golden moved to grant a five-month retroactive and one-year time extension
for site plan approval and concurrency exemption subject to staff comments. Mr. Beasley
seconded the motion.
Mr. Beas[ey agrees that there should not be a gas station on this site, and hopes the City
Commission will consider eliminating it.
The motion carried 4-3. ~Messrs. Eisner, Rosenstock. and Wische cast dissenting votes.}
9. CO~S~ NTS ~
Vice Chairman Golden recommended t;qat the staff report include this hardship issue
information on variance recl uests.
10. &DJOU RNME[SL~
There being no further business to come before the board, the meeting properly adjourned at
8:50 p.m.
~Janet M. Prainito
RecOrding Secretary
(Th ree Tapes)
2O