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Minutes 09-12-95MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, SEPTEMBER 12. 1995, AT 7:00 P.M. PRESENT Stanley Dub6, Chairman Jim Golden, Vice Chairman Dave Beasley Robert Eisner Maurice Rosenstock James Titcomb Lee Wische William Burton, Alternate ABSENT Pat Frazier Tambri Heyden, Director of Planning and Zoning Mike Haag, Zoning and Site Development Administrator Dan DeCarlo, Senior Planner 1. PLEDGE OF ALLEGIANCE Chairman Dub6 called the meeting to order at 7:04 p.m. In the absence of Mr. Titcomb, Mr. Burton sat at the dais. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS, AND BOARD MEMBERS Chairman Dub6 introduced the members of the Board. 3. AGENDA APPROVAL Motion Mr. Rosenstock moved to approve the agenda as stated. Vice Chairman Golden seconded the motion. Mr. Wische requested that Item 7.C.1 be heard after Item 7.B.1. The motion carried 7-0. At this time, Mr. Titcomb arrived and Mr. Burton stepped down from the dais. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Motion Mr. Rosenstock moved to change the agenda in accordance with Mr. Wische's desire. Vice Chairman Golden seconded the motion which carried 7-0. 4. APPROVAL OF MINUTES No additions, deletions, or changes were made to the minutes of the August 8. 1995 meeting. Motion Mr. Beasley moved to approve the minutes of the August 8, 1995 meeting. Vice Chairman Golden seconded the motion which carried unanimously. At this time, several handouts were distributed to the members of the Board. In response to Mr. Rosenstock, Ms. Heyden advised that most of these handouts relate to the abandonment requests on the agenda. They contain comments are from the utility companies which were received either yesterday or today. The utility companies had no objections. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department (1) Final disposition of last month's agenda items With regard to McDonald's request for a conditional use approval, Ms. Heyden reported that the City Commission approved the Planning and Development Board's unanimous recommendation for approval, subject to staff comments, with the exception of comment number 11 from the Planning and Zoning Department regarding wrapping the roofing around the entire building. The request for abandonment of a portion of a utility easement at 2000 S.W. Golf Lane was approved as submitted, and the resolution has already been approved. The abandonment of the alley between Lots 32 and 33 in the Arden Park Subdivision was approved subject to staff comments; however, those comments have not yet been resolved. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 McDonald's appeal of the Community Design Plan was withdrawn by the applicant at the meeting. The LoDolce Warehouse site plan was approved subject to staff commems. Ms. Heyden updated the Board on a couple of other items that have gone before the Planning and Development Board over the past two months. She advised that when the Knuth Road time extension first went to the City Commission, the City Commission agreed to delete the service station from the master plan. The applicant requested reconsideration of that action by the City Commission. The City Commission reconsidered it and approved the service station. The City Commission also approved a zoning code change to allow the wholesale of fish in the M-1 zoning district. They also approved changes To the zoning code to add mini warehouses as a conditional use in the C-4 zoning district, One of the significant changes was the requirement of a lot of landscaping around the perimeter, which is much greater than the required landscaping. Ms. Heyden advised that the members of the Planning and Development Board will be receiving that supplement to the Land Development Regulations. 6. OLD BUSINESS None. NEW BUSINESS A. Public Hearing Abandonment (1) Project Name: Agent: Owner: Location: Description: Miner Road Richard Harris for Condor Investmems of Palm Beach County City of Boynton Beach Miner Road between High Ridge Road and 1-95 Request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road 3 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Ms. Heyden reviewed Planning and Zoning Departmem Memorandum 95-381. One of the handouts distributed to the Board earlier in the meeting was from the Fire Department and regarded this request. Ms. Heyden advised that the Fire Deparrmem feels it is premature to abandon this right-of-way. With furore needs for fke stations, they feel it would be necessary to have the fly-over across 1-95. Ms. Heyden did not know if this is practical. She stated that it is possible that FDOT or the railroad may not permit that. She said the Fire Department feels it may be cost-effectix~e to have the crossover rather than to relocate or add a fire station in the future. She advised that we would need verification from the railroad and DOT that the fly-over is permiffed. FPL has no objection to this ahandonmem, provided an easemem is dedicated. The Palm Beach County Traffic Division has no objections to this abandonment, provided that it would not ~andlock any properties. Based on the issues of potential landlocked parcels and exclusion from this reques~ of the 54 feet just north of Waste Management, staff recommends denial of this request. A new application should be submitted to include these other components. Vice Chairman Golden asked how there could be a fly-over if it is not on the thoroughfare plan. He said~a furore fly-over would appear to be in conflict with the City's thoroughfare plan because he believedithe crossover was removed. Ms. Heyden advised that it was removed because the Board of County Commissioners was not going to be funding that in the near future~ The Fire Department believes that we need to look out for our future interests. Inspector Bill Cavanaugh of the Fire Department advised that the Fire Department only recently heard about this request for abandonment. He stated that the Fire Department has already prohibited an abandonment when Solid Waste went in several years ago. He advised that the new Fire Chief has not had a chance to do his master planning for stations. Station 3 handles the far northeast third of the town and the far northwest. When Station 3 was first planned, Miner Road was supposed to be the artery. Miner Road is going to be a good corridor to go from Federal Highway to Military Trail. If we do not have a Miner Road fly- over, we are going to hax~6 to locate about two fire stations Two f'n:e stations only cost about $ ,000,000. How~ever. each fire stalaon needs 30 men. If you add 60 men to yom: personnel. you are adding a big chunk of change. Right now we are working with the very bare minimum~ We cannot hayS. any .gates in the way. We cannot have any roads that we cannot get through. With traffic;rising like it is, Quantum Boulevard is going to be choked up in a couple of years. You are: going m see recommendations made to make connections out of Quantum Parkto other rOads to get traffic spread out a little more so that we can still have some access. We are cutting accesses right and left and one of these days somebody ~s going to be very upset because we did not get there m ttme. He suggested letting them use the right- MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 of-way temporarily through a lease until the Fire Department has a chance to review this matter further. Chairman Dub6 pointed out that Ms. Heyden had recommended denial of this abandonment even before she received the comments from the Fire Department. Mr. Harris said he has not had a chance to consider most of the problems, especially the comment from the Fire Deparrmem, which he only learned about at this meeting. If there is a concern that the balance of the High Ridge Road right-of-way be abandoned, he felt that could be easily resolved. He said the portion of the right-of-way that is mentioned in staff's recommendatioas is dedicated onthe property owned by Waste Management. They are willing to file whatever they need to in the way of a petition for abandonment with respect to their rights-of-way. He said Ms. Heyden mentioned a 25 foot easement. He was not sure where that is located. There are concerns with the property being landlocked. From his tmderstanding, no one back there as far as he knows is depending on the Miner Road right-of- way for access. Chairman Dub6 stated that whatever this Board does, this request for abandonment will be heard by the City Commission on September 19, 1995. Therefore, the applicant has one week in which to try. m resolve some of the problems.. No one in the audience wished to speak on this matter. Therefore, Chairman Dub6 declared the public hearing closed. Motion Vice Chairman Golden moved to recommend denial of the request for abandonment of a 54 foot wide portion of the Miner Road right-of-way east of High Ridge Road, based on staff comments. Mr. Rosenstock seconded the motion which carried 7-0. At this time, Chairman Dub6 made an announcement. There were many people in the audience and he announced that if they were present to speak on Nanfica Sound, that the City Commission has already approved that project. He explained that it is only on this agenda because of the technical nature of what the City Commission has approved. A woman in the audience asked when that was decided. Chairman Dub6 advised her that the City Commission made the decision at their meeting on Tuesday, September 5, 1995. 5 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA SEPTEMBER 12, 1995 A gentleman in the audience asked if modification of the access points is going to be discussed this evening. Chairman Dub6 advised him that it would not be discussed. He pointed out that this matter was advertised in the Post. Another gentleman in the audience stated that what was advertised in the newspaper differs from what is on the agenda this evening. Chairman Dub6 welcomed everyone to stay at the meeting. Mr. Rosenstock advised them that it is not this Board's responsibility to give out information regarding what the City Commission is doing, He stated that what was in the newspaper, whether erroneous or correct, is immaterial to this Board. He said this Board acts in an advisory capacity only. He reiterated that the City Commission has already made a decision and that a technicality in the State law requires it to come back to this Board. He advised that whether or not this Board approves or disapproves, it does not make a difference because the City Commission is the court of last resort. He also welcomed the~people to remain ~at the meeting. Chairman Dub6 declared a recess at 7:40 p.m. The meeting resumed at 7:49 p.m. At this time, Chairman Dub6 acknowledged the presence of Mayor Jerry Taylor. (2) Project Name: Agent: Owner: Location: Description: Forest Court Richard Harris for Condor Investments of Palm Beach County City of Boynton Beach Forest Court Request for abandonment of the Forest Court right-of way. Ms. Heyden reviewed Planning and Zoning Department Memorandum 95-477. Staff recommended approval of this right-of-way abandonment, subject to the question of ownership/acceptance being resolved, dedication of the easement requested by Florida Power and Light, and completion/revision of the access agreement. Mr. Rosenstock asked why this was brought to the Planning and Development Board if there is a question of title. Ms. Heyden said there was not a question of title until recently. In addition, the property owners have already been notified of this request for abandonment. She recommended that the Board let this application proceed, subject to ownership/acceptance being resolved. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 No one in the audience wished to speak on this matter. Therefore, Chairman Dub6 declared the public hearing closed. Motion Mr. Rosenstock moved to approve the abandonment of the Forest Court right-of-way, subject to staff comments. Mr. Titcomb seconded the motion which carried 7-0. (3) Project Name: Agent: Owner: Location: Description: N.W. 12th Avenue (Lincoln Avenue) Agustin Hernandez City of Boynton Beach N.W. 12th Avenue. west of Seacrest Boulevard Request for abandonment of a portion of N.W. 12th Avenue, west of Seacrest Boulevard Ms. Heyden stated that this item and the next two items are in connection with an expansion to the Poinciana Elementary School. She reviewed Planning and Zoning Deparunent Memorandum 95-474. Florida Power & Light and Southern Bell had no objection to the abandonments. Florida Gas Company had no objecffonprovidedan easement is dedicated. Comcast has not yet responded. Staff recommended approval of the right-of-way abandonment, subject to dedication of the easements requested by the utility companies and any conditions contained within the forthcoming response from Comcast. In response m Mr. Rosenstock, Ms. Heyden advised that the abutting property owners have been notified of this request for abandonment, but staff has not received any responses from them. She explained that the Director of Development. William Huldll, had no objection to the abandonment, provided an agreement with the abutting property owner is received because the holder from the school assumes that the right-of-way that will be given to the abutting property owner will be used by the school. She stated that usually the property is split between the property owners, but the school assumes they will acquire al/of the right-of-way that is being abandoned. In response to Chairman Dub6, Ms. Heyden stated that we would transfer the resolution to the Property Appraiser's Office and they would give half to the person on one side and half to the person on the other side. It will be incumbent upon the School Board to approach the abutting property owner to acquire, by deed. the other portion of the right-of-way. 7 MINUTES PLANNING _~D DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Mr. Rosenstock stated that Ms. Heyden is asking this Board to vote on this matter, not knowing if the abutting property owner wants to deed that land to anybody. He did not see how he could cast an intelligent vote until he is informed of the feelings of the abutting property owner. Ms. Heyden advised that the Board should separate the abandonment request from the site plan. The Board should deal with the abandonment application. The intricacies of the site plan will be worked out through the site plan process. She pointed out that the School Board may have to revise their site plan. Mr. Hernandez advised that it is not the School Board's intent to acquire the entire right-of- way. He displayed and reviewed the site plan and advised that the School Board is going to use its half of the right-of-way for transportation. The other half will be used as an accessway for the School Board and its neighbor, Ann Miller. With regard to the dedication of easements, Mr. I-Iernandez advised that it has always been the School Board's practice to grant those easements because they not only serve the community, but they also serve the School Board. The School Board was waiting for final placement of the new building because it might become necessary, m rearrange or reroute some of the existing utilities. The School Board was going to give as-built easements, depending on where they are needed to service the school and the community. Mr. Hernandez had no problems with meeting the easement requirements by all the utility companies. Mr. Beasley asked if Ann Miller is the only person affected by the abandonment. Mr. Agustin answered affirmatively. No one in the audience wished to speak on this matter; therefore, Chairman Dub6 declared the public audience closed. Motion Mr. Titcomb moved to approve the request for abandonment of a portion of N.W. 12th Avenue, west of Seacrest Boulevard. subject to staff comments. Mr. Wische seconded the motion which carried 7-0. 8 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH~ FLORIDA SEPTEMBER 12, 1995 Project Name: Agent: Owner: Location: Description: Washington Avenue Agustin Hernandez City of Boynton Beach Washington Avenue, west of Seacrest Boulevard Request for abandonment of an unimproved right- of-way between N.W. 12th Avenue and N.W. 13th Avenue, west of Seacrest Boulevard. Ms. Heyden pointed out the location of Washington Avenue on an overlay. She advised that the total width is 30 feet, dedicated 20 feet wide by one plat and another 10 feet by another plat. This right-of-way basically rtms through the school campus. Comcast has not yet submitted their comments, and Ms. Heyden has still has not received the clarification letter from Florida Public Utilities. They originally indicated they needed a separate easement, but Ms. Heyden was not sure that is true. Staff recommended approval of this abandonment, subject to compliance with any conditions from the utility companies. No one in the audience wished m speak for or against this abandonmem. Therefore, Chairman Dub6 declared the public hearing closed. Motion Mr. Titcomb moved to approve the Washington Avenue request for abandonment as listed on the agenda, subject to staff comments. Vice Chairman Golden seconded the motion which carried 7-0. (5) Project Name: Agent: Owner: Location: Description: Cherry Hills Plat, Lots 508 - 517 Agustin Hernandez Palm Beach County School Board Cherry Hills Subdivision. Lots 508 - 517 Request for abandonment of a six foot wide utility easement. Ms. Heyden reviewed Planning and Zoning Department Memorandum 95-475. A response from Comcast has not yet been received. Florida Power & Light and Southern Bell had no objections to this abandonment. Staff recommended approval of this abandonment, subject to any conditions received fl'om Comcast and any easements that may be necessary from the Florida Public Utilities Company. 9 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Mr. Rosenstock asked if the City is going to make sure that the items listed in the letter from Florida Public Utilities Company are complied. Ms. Heyden answered affirmatively. She explained that a public hearing is conducted at this meeting, as well as at the City Commission meeting, and a resolution is needed to finalize this action. Before forwarding the resolution to the City Manager's Office, she will request verification of compliance with al/the conditions. If an easement is required by any of the utility companies, she requires a copy of the easement document. Mr. Rosenstock asked if Ms. Heyden will make sure that the person acquiring the land has complied with the request of the utility company. Ms. Heyden said she requires the applicant to provide her with a copy of a letter from the utility company, indicating their approval. No one in the audience wished to speak for or against this abandonment. Hence, Chairman Dub6 declared the public hearing closed. Motion Mr. Titcomb move~ to approve the request for abandonment of the Cherry Hills Plat number 5 on the agenda, subject to staff recommendations. Vice Chairman Golden seconded the motion which carried 7-0. On behalf of the School Board, Mr. Hemandez thanked the Board very much. B. Subdivision Master Plan (1) Project Name: Agent: Owner: Location: Description: Grove Plaza Chester W. DeSanti/Julian Bryan Dr. Walter H. Janke and Alice Fay Southeast comer of Hypoluxo Road and Lawrence Road Request for master plan approval to subdivide a commercially zoned parcel into six lots for future development. 10 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Mr. DeCarlo reviewed Planning and Zoning Deparrmem Memorandum 95-481. Initially, the Palm Beach County Traffic Division determined that the project did not meet the requirements of the Traffic Performance Standards of Palm Beach County. However, phasing or up to 23 percent of the project could be built. Today, we received a letter from the Office of the Cotmty Engineer stating that the project is also required to phase to the widening of Lantana Road from Military Trail to Congress Avenue. The Traffic Division has determined that, based on the phasing of the project to the widening of Gateway Boulevard from Mifitary Trail to Congress Avenue and the widening of Lantana Road from Military Trail to Congress Avenue, the project meets the requirements of the Traffic Performance Standards of Palm Beach County. In addition, Pall Beach CoUnty requests ,that the City of Boynton Beach require the development to dedicate or reserve the right-of-way necessary for the ultimate cross section for Lawrence Road and Hypoluxo Road, and an expanded intersection at Lawrence Road and Hypoluxo Road, Staff recomm~ ends ~proval of this master plan request subject to the recoiled master plan snowing: compliance ~ith:staff ¢omments ~a~_~ the applicable City of Boynton Beach Code of Or~nces. MI. DeCarlo bi:ought to the Board s attention comment number 10 in Planning and Zoning Department ~Memorandum 95-482, which states as follows: 'It is recommended that a note be added to the master plan that will carry over and be reflected on the plat document that states that signage and building design for all six parcels shall be unified in appearance as one plaza in conformance with the city's sign code and Community Design Plan." Vice Chairman Golden asked when this property was annexed into the City. Ms. Heyden advised that it was annexed into the City in 1992. Mr. Bryan agreed with staff's recommendations; however, he said he and staff determined that it would probably be appropriate to withdraw the request for a landscape code appeal at this time. The reason it was deemed necessary initially was because the applicant tried to anticipate the individual users of the six buildings. He anticipated that the property lines would go down the center line of the various entrance drives and that there would be cross access agreements for vehicular access :that would nm in favor of each of the parcels, which is typically what is done in a shopping center with enrparcels. He said staff wondered why he could not put the property line through the middle of the landscape areas between two portions of the parking lot. He said this can be accomplished. Right now, it is not known what somebody might ask for when they come in to buy the site. They may want it to be subject to 11 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 an easement instead of having to buy the driveway. Mr. Bryan agreed to withdraw the request [or a landscape code appeal this evening and readdress it at the time of individual detailed site plans, if necessary. He said part of any motion the Board makes might be disapproval, subject to the rectified master plan. As a part of that, the track lines would be adjusted to coincide exactly with the phasing lines as shown on the plan at the present time. This would solve the problem and he would be happy to do that. He said the plan is a little unusual in that normally you might expect to see a strip center with a series of users within one building. The plan is simply to have six freestanding sites which are substantially underutilizing the site. Normally, for ed~tt acres, you would expect to. see something:like 80,000 square feet of gross leasable building area. This is a little under 30,000. It offers the feature of having the reverse type frontage row that will provide the continuity for the interior vehicular aceess~ It ties all the parcels together. Chairman Dub~ stated that in physically looking at the property, all the right-of-way that is on the Lake Worth Drainage District is sitting in the front of these buildings. If you drive down Hypoluxo Road, where the Lake Worth Drainage District has all the right-of-way, you will f'md five foot weeds. The whole frontage of this property is only going to end up getting cm twice a year, uuless the owners take care of it. Mr. Bryan felt it was safe to assume that the retail users will find a way to mow the grass. Chairman Dub~ pointed out that the parcels will be sold off on an individual basis. Mr. Bryan advised that one of staff's comments pertained to the formation of a property owners association for the purpose of maintenance of lighting and signage, and keeping the areas policed around dumpsters, landscape maintenance, and the sprinkler system. Vice Chairman Golden stated that before this property was annexed into the City in 1992, there was a policy in the Comprehensive Plan which stated the following: "The eight acre parcel adjacent to Hypoluxo Road should be placed in a low density residential category. It should be limited to two-story homes or ACLF units. Commercial development of this site is not warranted since an adequate number of commercial sites are located one-half mile to the west of Military Trail and one mile to the east of Congress Avenue." Vice Chairman Golden said when this was annexed, the City placed a commercial land use and zoning on the property, so we have to deal with this issue at this time. In addition, the character of this area is primarily residential, agricultural, and public use. Therefore, anything that goes in there needs to fit in with those surrounding land uses. Even though this 12 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 property is commercial land use and zoning, there is no mandate that the City approve any site plan in the furore. He had some grave concerns about this particular site plan. He could see maybe one or two buildings or parcels here. but not this many buildings. He stated that there is no place in the City where we have accrued a stretch of six outparcels like this. It is unprecedented anywhere in the City, and particularly for this area. He thinks the Board needs to take a very close look at this when making a recommendation. Mr. DeSanti stated that on December 15, 1992, an ordinance was passed by the City Commission regarding an amendment relative to the Comprehensive Plan language. The language essentially struck the residential component and then called for a local retail use category to be developed. It states that because this parcel possesses a County low commercial land use plan designation, and becanse of the ~arrow configuration of the parcel which would make residential development very difficult, the City Commission modified it to allow this to be local retail in nature. Mr. Rosenstock agreed with Vice Chairman Golden's comments. He stated that we are about to embark on a visions program as to what we want our City to look like. He could not support this project. Mr. Bryan stated that in the case of an eight acre site. the good rule of thumb meeting landscape and parking requirements, etc. is approximately 10,000 square feet of building area per acre for one-story construction. He found this to be very consistent throughout the City. This is approximately one-third of that utilization. This is 29.500 square feet as opposed to 82,000. This has control of access with three points of access and has substantially in excess of the parking, open space, and landscaping requirements. The landscape buffer strips on the south and the north property lines are double what the code presently requires. It also requires that there be a wall along the south property line. It is not an overutilization of the land. It was very carefully thought out. Consideration was given to the points of access. This went before the review committee three times with substantial input by the City Engineer and the Planning Department with regard to points of access, buffering, size of the buildings, and site utilization. He did not think the purpose of this meeting was to determine what the land use should be. He thought the purpose of this meeting was to review the pros and cons of the master plan. Mr. DeSanti stated that when this property was annexed in 1992, the petitioner brought to the Planning and Development Board and City Commission a site plan which is fairly consistent with this particular site plan. It was rezoned and annexed, and the Comprehensive Plan was 13 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 adjusted. This project, as proposed, represents a permitted use within the district in which it is located. It is consistent with the Comprehensive Plan in every regard. This property has met Palm Beach County standards. Staff has spent 50 to 70 hours reviewing this plan and has made the applicant adjust it on numerous occasions to meet every intent and every letter of the law. He has withdrawn the appeal in order to be in total conformance with the City's development regulations. This has been heard by the City Cou,,,iss~on more than once. This plan is now ready to move forward under a phased approval by virtue of the Traffic Performance Standard recommendations made by the County to the City. He did not know of any regulation that he does not meet. He plans on bringing a site plan and plat to the City. It will be a coordinated and unified effort in terms of its architectural design, its treatment of colors, and its signage program, which will meet every aspect of the City's Code. He respectfully requested that staff's recommendation be upheld. The site plan reminded Vice Chairman Golden of U.S. 192 and Kissimmee. Mr. Wische felt we were losing sight of why we are on the Board. He said we sit on the Board to judge whether whatever comes before us meets our codes, ordinances, laws, etc. He did not think we should delve into our personal opinion about shape, color, etc. He stated that those are not the questions at this time. Mr. Beasley agreed with Mr. Wische. He appreciated that the applicant could have increased the density on this property but did not. He felt the separation ~nto sm buildings ts less likely to look like a strip. It allows for more open space, green space, landscaping and buffering from adjoining residential. He felt it was a very good plan for that site in lieu of what they could have put there. Mr. Rosenstock stated that if w.l~z Mr. Wische said was true, all we would need to do is hand the Code book to developers and tell them just to meet the Code and we will approve it. He pointed out that other parameters mst be met. Chairman Dub6 allowed the audience to speak on this item. Joyce Billingsley, 100 Meadows Park Lane, believed that most of the residents of Boynton Beach feel that we have enough commercial property. There are many vacant buildings and that is very unsightly. She was not in favor of supporting more commercial development that may or may not become vacant in a year. 14 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Motion Vice Chairman Golden moved to recommend denial of the master plan for Grove Plaza to subdivide the commercially zoned parcel into six lots for future development. Mr. Rosenstock seconded the motion which failed 4-3, as follows: Dub6 Nay Golden Aye Beasley Nay Elsner Aye Rosenstock Aye Tit¢omb Nay Wische Nay Motion Mr. Beasley moved to approve the Grove Plaza request for master plan approval. Mr. Wische seconded the motion which carried 4-3, as follows: Dub6 Aye Golden Nay Beasley Aye Elsner Nay Rosenstock Nay Titcomb Aye Wische Aye Chairman Dub6 declared a recess at 8:41 p.m. The meeting reconvened at 8:52 p.m. Master Plan Modification (2) Project Name: Agent: Owner: Location: Nautica Sound f/k/a Knollwood Groves (PUD) Kilday and Associates Meadows Grove, Inc. and R. Bradford Arnold, Trustee East side of Lawrence Road, approximately 1,300 feet south of Hypoluxo Road 15 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA SEPTEMBER 12, 1995 Description: Request to amend the previously approved PUD master to modify access points, change the type of units and lot size from 150 single-family detached units on 6,000 square foot lots and 389 multi- family units to 267 zero lot line units on 5.000 square foot lots and 157 "Z" lot line units on 4,500 square foot lots, and reduce setbacks (front - 20 feet to 15 feet, side - 15 feet to 10 feet and rear - 15 to 10 feet on lots that do not back to one another). Mr. Haag advised that the City Commission approved this request subject to the conditions identified in Planning and Zoning Department Memorandum 95-492. He pointed out the location of this project and the surrotmding land uses on an overlay. He displayed overlays of the original master plan that was a result of the rezoning of the property in October 1989, the master plan modification in 1991, and the proposed master plan, and pointed out their differences. Mr. Haag advised that since this is a master plan modification to a PUD, it was required to be reviewed by the City Commission first to determine whether it is a substantial or nonsubstantial change. This went to the City Commission on August 15, 1995 with staff's recommendation as a substantial change. The City Commission was at the point of making a decision of a substantial change; however, they requested that the applicant consider making some changes to the plan and bring it back to them. The Commission wanted the applicant to increase the square footage of the 40 foot "Z" lots. They also wanted the applicant to resolve the uti/ity problems with the lift station, and increase the 60 foot right-of-way to 80 feet. Therefore, the project was tabled. The applicant modified the plan and brought it back to the City Commission. Mr. Haag displayed an overlay of the modified plan and advised that the City Commission approved this plan as a nonsubstantial change. Mr. Haag reviewed the proposed revisions and changes made by the applicant in response to the conditions requested by the City Commission. They are outlined in Planning and Zoning Department Memorandum 95-484. Mr. Haag advised that the following language in Planning and Zoning Department Memorandum 95492 was changed as follows: 16 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Comment 4 on page 2 should read: Maintain the proposed fifteen (15) foot corner side building setback on all corner lots. Amend all plans, data and charts accordingly. (The word "corner" was added.) Comment 5 on page 2 - The stricken words were deleted from the second sentence. The underscored words were added. The sentence should now read: Maintain the proposed seventeen (17) foot corner side setback for all pools and fifteen (15) foot for all screen enclos~es on all baek~-lotsmid-other comer lots. Staff recommended approval of this request subject to the comments identified in Planning and Zoning Department Memorandum 95-492. Ms. Heyden advised that the City acquired the park within the Meadows PUD in the early to mid 1980s. The City also acquired a park site from this property owner less than two years ago. These two sites are being merged into one larger park of approximately nine acres. Ms. Heyden advised that the extension of Meadows Boulevard will not be gated. She said anyone can use that road to get from Lawrence Road to Congress Avenue through the Meadows PUD. Ms. Heyden stated that Miner Road is a very important road for the City m have in terms of police protection and £nce access, speciftcally with response times. Because of the location of Station 3 on the comer of Miner Road and Congress Avenue, it is very important for the City to have an east/west thoroughfare. The extension of Meadows Boulevard to Lawrence Road was planned in the early 1980s. Funds were collected from three property owners m construct this road. Palm Beach County had planned on that road being completed by the fall of this year; however, it has been delayed. She did not know when it will be constructed, but assumed it will be within a year from now. In the meantime, the Fire Deparunent is looking for other access routes. She stated that the City recently acquired property from the Knollwood Groves project to follow through on the 1989 Comprehensive Plan policy. She explained that the City is divided into neighborhood planning areas. We look at the needs of each planning area based on the existing parks, the size of those parks, the type of parks, and the kinds of activities contained in those parks. The Comprehensive Plan recommends the amount of acreage that the City needs to acquire to be able ro service all the needs of the properties within the neighborhood planning areas at buildont. Knollwood Groves was slated to dedicate the park site the City 17 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 recently acquired. The plan was to merge it with the property we already have to the east. With regard to the issue of passive recreation versus active recreation, the Comprehensive Plan looks at the kinds of activities that are needed. However, nothing is f'malized until the City Commission, based on the recreation program, funds the parks. When the architects, planners, engineers, and surveyors are hired to do the park plan, then the City Commission decides what the park wili contain. RigCtt now, there are no plans to develop that park. Earlier plans from the Recreation Department indicate that the four acres the City had since the 1980s would be a passive park, but that could change. Vice Chairman Golden asked why the connection to Hypoluxo Road was deleted~ Ms. Heyden deferred this question to Mr. Kilday. She stated that the decision to do that involved marketing, costs, and other issues. Chairman Dub6 poimed out that the connection from the Meadows to Lawrence Road has existed on the plan since 1989. In response to Vice Chairman Golden's question, Mr. Kilday explained that the deletion of the connection to Hypoluxo Road was for the purpose of security for the community. He advised that eliminating this access point reduces trips on Meadows Boulevard because an additional access point was added on Lawrence Road. Mr. Kilday displayed an aerial and the master plan which was inherited when the property was purchased. The master plan had 389 multi-family units and 150 single-family zero lot line umts. The owner modified the plan to show an ownership community of entirely single-family units. Multiple access points, as shown in the original plan, would create situations where you did not have any kind of neighborhoods. The owner wanted to eliminate access points as much as possible and decided that the best way to do that was to have a primary entrance into the project and to eliminate the Hypoluxo Road access. In addition, staffhad suggested retaining some access onto Meadows Boulevard for better circulation. The amount of traffic originally planned from High Ridge Road became less on Meadows Boulevard; however, there was an increase on Lawrence Road. Mr. Kilday displayed and reviewed the new plan. He stated that the owner inherited the requirement of the previous approvals of 1989, including the construction of Meadows Boulevard. The total unit coum was reduced by 115 units, which resulted in less trips on all the roads. He believes the new plan is an nnprovement in terms of the overall quality of the community to be built. It is a reduction of units, and an upgrade in the housing types. He 18 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 displayed the Nautica Sound PUD Lot Comparison Study which showed the number of units and lot sizes as follows: Lot Size "Z" Lots Zero Lot Line Units Number of Units 4,000 to 4,499 0 0 4.500 to 4,999 59 0 5,000 to 5,999 71 112 6,000 to 6,999 16 74 7,000 plus 11 81 He stated that the average lot size is 6,230 square feet. With regard to item 7 in Planning and Zoning Department Memorandum 95-492. Mr. Kilday requested that the verbiage in the second sentence be changed to read, "It is further recommended that the tree and shrub landscape material be native or modexate draught~nant and the hedge material be native or moderate drought tolerant." (The underscored words were added.) Mr. Haag advised that staff does not have a problem with this change. Mr. Kilday said he is still working with staff on the phasing of the installation of the landscaping of the perimeters. He will submit that phasing plan as part of each plat submittal. Chairman Dub6 allowed the public to speak. Gary Maresca, President of Bay Tree, 3 Bay Tree Circle, said there is a tremendous concern in the community regarding traffic. He asked that this Board look at this and determine what impact will occur by not having Miner Road built at this time. Alan Kopp, 37 Tia Way, expressed concern about emergency vehicles having access into the Meadows without the Hypoluxo entrance. He asked how they will get past the guard gate. He also asked if there have been any studies showing the impact of fire and police response times without the Hypoluxo Road connection. Chairman Dub6 assured him that in an emergency, the police and fire will go right through the gate. He stated that they are snap off gates. Ms. Heyden added that a traff~c study showing the impact of not having the Hypoluxo Road connection and the total number of trips that will be generated by the project is available in her office for the public m peruse 19 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Vice Chairman Golden asked if the number of trips has decreased because of the reduction of the number of units. Ms. Heyden answered affirmatively. Mr. Kilday stated that he has agreed to a staff condition that the Meadows Boulevard extension has to be constructed prior to the issuance of the first Certificate of Occupancy. Marry Helo, 43 Rutland Lane. felt there was a commurdcation and notification problem. The people who live in the Meadows only recently found out about this. They have not received any notification in the mail, nor have they noticed anything on television or in the newspapers. He said this project is going to cause the residents substantial problems. He insisted upon his fair day with the City Commission. He wanted the community to have some input. He wanted the residents to be consulted about what is going on in their community. He said the residents donot need the adctitional traffic. He was concerned about the children being accidentally injured while waiting for school buses. He stated that an aerial fire truck will not be able to make the turn down that road. He asked the members of the Board to help the residents get an opp0mmity to speak to the City Commission. Motion Vice Chairman Golden moved to approve the master plan modification for Nautica Sound, subject to all staff comments. Mr. Beasley seconded the motion which carried 7-0. C. Appeals Landscape Appeal (1) Project Name: Agent: Owner: Location: Description: Grove Plaza Chester W. DeSanti/Julian Bryan Dr. Walter H. Janke and Alice Fay Southeast comer of Hypoluxo Road and Lawrence Road Request for a landscape code appeal to omit the 2 1/2 foot wide landscape strips between the interior lot lines of the subdivision. This item was withdrawn by the applicant. 20 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Community' Design Plan Appeal (~) Project Name: Agent: Owner: Location: Description: Boynton Festive Center Jill Jarkesy Douglas McMillen Northwest corner of Congress Avenue and Old Boynton Road Request for a community design plan appeal to change the colors, materials and architectural features of a previously approved outparcel to be used for a Hops Grill and Bar Restaurant. Chairman Dubg stated that the dumpster enclosure is missing on the plans. He advised that about two years ago the dumpster was put on Boynton Beach Boulevard. Since then, the dumpster enclosure has not been shown on the plans. Mr. Haag explained that Best Buy (now Circuit City) had a dumpster on the south side of the project. A modification was approved administratively to allow Best Buy to be changed to Circuit City. They came before us for a Community Design Plan appeal for the facade, when Circuit City moved into the plaza, they took everything off of the south end of the building and moved it back to the west side of the building so there would not be a loading zone or compactor at the south side of the building. Chairman Dub6 said it looks like the enclosure is.next to the two parking spaces. Mr. Haag displayed an overlay of the entire site, as well as elevations, and samples of the materials to be used for this project He reviewed Planning and Zoning Department Memorandum 95-490. He stated that the proposed Hops Grill and Bar Restaurant is introducing many different colors and materials which are different than what was approved on the main building in the shopping center. He advised that the purpose of the recently approved Community Design Plan was to create harmony and continuity within a shopping center, while still trying to give a tenant some identity. He explained that staff is trying to pull some of the materials and colors that this Board and the City Commission have akeady approved for the Longhorn Restaurant and the main building (Circuit City and Borders Books) into Hops Grill and Bar Restaurant, while still trying to let them retain their identity. Staff recommended approval of the Community Design Plan appeal subject to the six items listed in Planning and Zoning Deparunent Memorandum 95490. Mr. Haag reviewed those comments and circulated a photograph of a Hops Grill and Bar Restaurant. 21 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Chairman Dub6 asked why staff recommended eliminating the wood when it is similar in appearance m the Longhorn restaurant. Mr. Haag said the only place there is wood on the Lon~torn restaurant is on the front entrance. Chairman Dub6 pointed out that the Longhorn restaurant has a wooden deck with tables and chairs for the people to sit outside. Ms. Jarkesy was not presem. Marty Perry was present in her place. He felt the major issue was a question of red versus burgundy. He displayed a sample of the Circuit City entryway tile. He advised that the ordinances states that an effort shall be made to provide for similarity. He pointed out that the larger s~rucmre (Circuit City and Borders Books) is in the rear of the shopping center. He also pointed out that Circuit City has a banner of red coloring along the outside of their wall. He felt the ordinance is subjective, vague, and ambiguous. He felt title proposed colors are not significantly different from what is shown on Borders Books and on part of Circuit City. He pointed Out that :the lighting fixtures on the outside of the Longhorn restaurant are bright red. Mr. Perry stated that the proposed simulated barrel tile roof lends some architectural purpose m the building and some :fimction, and is much more tasteful than the flat metal roof on the Longhorn restaurant. He said there should be a better basis for determining that Hops Grill and Bar Restauram should have a flat metal roof than simply because the Longhorn restaurant has one. He stated that the building is att/active and that a lot of time, effort and money was put into the design~ which has been accepted everywhere. He agreed to change the color of the stucco. However, be objected to painting the wood burgundy: He said it is an expeus~ve type of wood which naturally ages. He objected to comment number 1. He felt there was nothing wrong with the proposed colors and that the simulated barrel tile makes an architectural statement. He objected to comment number 2. He felt the proposed colors are consistent. He objected to comment number 3. He said he might be willing ro consider eliminating the wood siding on the sides of the building, but he was not sure this would achieve anything. He objected vehemently m comment number 4. He agreed to change the color .of the green goose neck lights to red if necessary; however, he did not think this would accomplish anything. He agreed to comment number 6. Mr. Perry felt that the proposed project is similar in design to the shopping center. He pointed out that there is ia real splash of everything on this street He requested that the applicant be relieved 0f staff comments 1, 2, 3, and that the applicant be allowed to match the color similarities of the other reds in the shopping center, but not the burgundy. He also did 22 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH~ FLORIDA SEPTEMBER 12, 1995 not want to be required to paint the wood. He will repaint the light fixtures if necessary, but not burgundy. He also wanted to keep the barrel tile design. Chairman Dub~ allowed comments from the audience; however, no one wished to speak on this matter. Vice Chaffman Golden felt the building is fairly decent looking. He felt the burgundy on the Circuit City is a displeasing color and the proposed shade of red on the Hops Grill and Bar Restaurant is warmer. He did not think the Longhorn restaurant was architecturally pleasing. He felt that what the applicant has agreed to is fairly acceptable. He thought the wood was a nice accent feature. He agreed that if you try to paint the wood red. it would make the color too strong, as well as inappropriate for that particular wood. Messrs. Beasley and Wische agreed with Vice Chairman Golden's comments. Mr. Beasley had a problem with the community design concept. It appeared to him that personalities and personal opinions are becoming very involved and are carrying too much weight. He felt that the code is written too loosely and that it is unfair for an applicant to have to come for an appeal based on staWs personal opinion. Vice Chairman Golden agreed that the Code is written too loosely. Bill Homes of Cypress Construction does all the construction for Hops Grill and Bar restaurant. He stated that the proposed colors blend very well together on the building. Chairman Dub6 inquired about the color of the sign. Mr. Homes advised that the sign will be the same color red as the roof. Chairman Dubfi pointed out that the sign will have to go on a black background below the Longhorn sign. Mr. Homes was aware of this. Mr. Perry requested that the proposed color scheme be approved. Messrs. Beasley, Wische and Golden had no objection to the entire project. Ms. Heyden stated that metal simulated barrel tile does not look like barrel tile. She stated that Longhorn is not the most attractive building, but it exists, and the proposed project is at the other end of the spectrum. Vice Chairman Golden felt you cannot make this building fit in without changing it. He felt staff commems kills the concept of the building. 23 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Ms. Heyden advised that she was not pleased with the burgundy color either. However, this is the predominant color of Circuit City. The red in Borders Books is used in a very limited manner. Staff tried to use the predominant color as the unifying element with the other ourparcels and the rest of the buildings in the main shopping center. She stated that when we did the Community Design Plan, we were trying to expedite outparcel approvals by not having the applicant go through the entire approval process by allowing them an oppommity to meet with staff to work out some of the issues. Chairman Dub6 asked if there is an alternative to the standing seam. Ms. Heyden stated that staff suggested standing seam because this is what Longhorn has. She felt is was not that unattractive. Mr. Rosenstock felt this was a typical example of what happens when you destroy a Community Design Plan and leave it to discretion to come up v~ith multiplicity of designs and colors that do not match. You wind up with a hodgepodge of bfiilding. Mr. Beasley was glad buildings are different and that every building in the City of Boynton Beach is not the same color or design. Motion Mr. Rosenstock moved that this project be rejected based upon staff comments. The motion died for lack of a second. Motion Vice Chairman Golden moved to recommend approval of the Community Design Plan appeal for Boynton Festive Center to change the colors, materials and architectural features of a previously approved outparcel to be used for a Hops Grill and Bar Restaurant. subject to the conditions agreed to by the applicant in the paragraph below item number 6 on page 3 of Planning and Zoning Department Memorandum 95-940, to change the color of the smcco to coconut cream, omit the exposed red neon band. and allow round rather than square vertical columns. Mr. Beasley seconded the motion. Mr. Wische asked if this means that Vice Chairman Golden is accepting the applicant's colors. Vice Chairman Golden answered affirmatively. 24 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 In response to Mr. Eisner, Vice Chairman Golden advised that his motion is contrary to staff's recommendation. Chairman Dub6 did not oppose the red colors: however, he was not in favor of the proposed roof. The motion carried 4-3. Messrs. Dub6, Rosenstock, and Elsner cast the dissenting votes. D. Use Approval (D Project: Agent: Location: Description: Packaging Concepts Jeff Lis 4925 Park Ridge Boulevard Request to amend the list of permitted uses for the Quantum Park PID to allow research and development and the manufacture of non-aerosol spray dispensing systems on industrially designated lots. Mr. DeCarlo had to leave the meeting temporarily. Therefore, the agenda was amended, and this item was discussed later in the meeting. Motion Vice Chairman Golden moved to amend the agenda to move up Item 7.E.2. Mr. Beasley seconded the motion which carried 7-0. E. Site Plans New Site Plan (1) Project: Agent: Owner: Location: Description: Packaging Concepts Jeff Lis The Catalfumo Companies P.J.M. and Associates LC 4925 Park Ridge Road Request for site plan approval to construct a 24,158 square foot manufacturing building on a portion of lots 25 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 47A and 47B (total of 1.48 acres), designated as industrial, within the Quantum Park PID. This item was discussed later in the meeting. (2) Project: Agent: Owner: Location: Description: Boynton Estates f/k/a Citrus Park Ramiro Rencurrell Next Boynton Homes Ltd. 8350 Lawrence Road Request for site plan approval to construct project entrance structure, signs and common area landscaping. Mr. Haag pointed out the location of this project on an overlay. He pointed out the surrounding land uses and zoning district. This request is for entry signs. The Sign Code states that planned unit developments must have a sign program for the signs located within their development. This development will have two wall signs. He pointed out the locations of these signs. Color samples were circulated. He also circulated several photographs of the intersection where the signs are located, and photographs of other development signs along Lawrence Road. These photographs fias been submitted by the applicant. The location and size of the signs fall within the code requirements. The Building Department said residential developments are entitled to only one sign per the Sign Code. However, since this is a planned unit development, this Board and the City Commission can approve additional signage and sizes. This request is for two signs. The Technical Review Committee and the Planning and Zoning Department staff recommend approval of this request, subject to staff comments. Chairman Dub6 inquired about the name of the development. He said there was previous discussion about there being two Boynton Estates in Boynton Beach. Mr. Rencurrell stated that there is an Old Boynton Estates, not Boynton Estates. Ms. Heyden advised that the concern had been that the names were too similar to other projects. Mr. Haag stated that this concern came up at staff level. He said the Fire and Police Departments would be the ones who would be concerned with this; however, there is no problem as far as he knows. Mr. Rencurrell requested that staff's request for approval be accepted. 26 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Motion Mr. Wische moved to approve the signage for Boynton Estates as presented tonight, subject to staff comments. Mr. Titcomb seconded the motion which carried 7-0. Motion Vice Chairman Golden moved to move Item 7.E.3 up on the agenda. Mr. Wische seconded the motion which carried 7-0. Major Site Plan Modification (3) Project: Agent: Owner: Location: Description: Main Street Car Wash Jim Zengage Mary Fisher 201 East Boynton Beach Boulevard Request to amend the approved site plan to expand the car wash to include a canopy for automobile polishing and vacuuming, additional parking and a vehicle stacking area on a .23 acre parcel north of the existing car wash. Mr. DeCarlo was handling this matter. Since he had yet returned, Item 7.F. 1 was heard next. Motion Mr. Elsner moved to move up Item 7.F. 1 Vice Chairman Golden seconded the motion which carried 6-0. Mr. Rosenstock had left the meeting. F. Time Extensions (1) Project: Agent: Owner: Location: Description: Palm Walk a/k/a Boynton Belvedere Mark Fassey Trio Associates Limited North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue Request for a one year time extension for conditional use approval and concurrency certification for construction of 27 MINI/rES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH. FLORIDA SEPTEMBER 12, 1995 a 48 bed adult congregate living facility (ACLF) for Alzheimer 's/dementia patients. Ms. Heyden advised that Mr. Fassey could not attend this meeting because one of his family members has a medical problem. She reviewed Planning and Zoning Department Memorandum 95-491. She stated that this request is consistent with the code and has been timely submitted. She explained ~t~at Mr. Fassey has requested this extension because of financial problems. He i~ seeking assistance from HUD on this project, but his partner was not accepted by HUD. The Technical Review Committee and Concurrency Review Board recommended approval of a one year time extension, subject to continued maintenance of the property and adherence to all staff comments that Were attached to the original approval. Motion Vice Chairman Golden moved to recommend approval of the time extension for Palm Walk for one year for the conditional use and Concurrency certification for construction of a 48 bed adult con~cegate living facility for Alzheimer's/dementia patients, subject to staff comments. Mr. Wische seconded the motion which carried 6-0. Major Site Plan Modification (3) Project: Agent: Owner: Location: Description: Main Street Car Wash Jim Zengage Mary Fisher 201 East Boynton Beach Boulevard Request to amend the approved site plan to expand the car wash to include a canopy for automobile polishing and vacuuming, additional parking and a vehicle stacking area on a .23 acre parcel north of the existing car wash. Mr, DeCarlo gave a very brief presentation since no one was in the audience and the members of the Board had already read planning and Zonin D artment Memor 05 448 g ep andum __- .... Mr. Kilday represented the petitioner. He said condition number 3 of Planning and Zoning Department Memorandum 95-449 should be deleted because the final plan was approved to replace the vines with a hedge along the wall. Also, page 2 of that m~mo contai~ a recommendation which the petitiouer cannot meet because he would have to put some vines on 28 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 the outside of the wall. The wall is required to be two feet within the property line, but the adjacent neighbor has a six foot chain link face on the property line. Therefore, there would be no way to get at that area once the wall goes in. Also, he requested that an area be designated for a future storage building. He will meet with staff to see if this can be added on the plan. He stated that this would not make a significant change to the layout. Motion Vice Chairman Golden moved to recommend approval of the major site plan modification for the Main Street Car Wash to amend the approved site plan to expand the car wash to include a canopy for automobile polishing and vacuummg, additional parking and a vehicle stacking area on a .23 acre parcel north of the existing car wash, subject to staff comments and resolution of the buffer wall line issues between the applicant and staff. Mr. Wische seconded the motion which carried 6-0. E. Site Plans New Site Plan (1) Project: Agent: Owner: Location: Description: Packaging Concepts Jeff Lis The Catalfumo Companies P.J.M. and Associates LC 4925 Park Ridge Road Request for site plan approval to construct a 24,158 square foot manufacturing building on a portion of lots 47A and 47B (total of 1.48 acres), designated as industrial, within the Quantum Park PID. Mr. DeCarlo briefly reviewed Planning and Zoning Deparrmem Memorandum 95-459. Chairman Dub6 asked the applicant if he had any problems with any of staff's comments. Mr, Lis asked for clarification regarding Sgt. Marlon Harris' comment with regard to roadway width. Sgt. Harris had recommended that the roadway width be widened to a minimum of 26 feet. He made a statement in his Memo #0160 that semi trucks are 11 feet wide. Mr, Lis pointed out that semi trucks are only a little over 8 feet in width. He advised that the roadways were approved and meet engineering designs of 22 feet to accommodate semi travel. 29 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA He did not SEPTEMBER 12, 1995 feel the applicant should be responsible for widening the roads to 26 feet to accommodate this recommendation. He felt they are more than sufficient. Messrs. Dub6 and Beasley agreed that semi trucks are 8 feet, by law. Ms. Heyden will contact Sgt. Harris tomorrow. Mr. Lis felt he has'met the intent of the rest of the comments and/or agree to meet them with his submittal of plans for permitting for this project. He understands that Quantum has a stgn program in place which is very restrictive and which has been approved by the City. He agreed to meet the criteria of Quantum. He has no problem with staff's comments and he intends to meet them all. with the exception of Sgt. Harris' comment about the semi macks. The Board voted on this item after discussing the use approval. D. Use Approval (1) Project: Agent: Location: Description: Packaging Concepts Jeff Lis 4925 Park Ridge Boulevard Request to amend the list of permitted uses for the Quantum Park PID to allow research and development and the manufacture of non-aerosol spray dispensing systems on industrially designated lots. Mr. Lis referred to Mr. Hukill's memo regarding his ability to monitor, review, and make judgment about the way this business would operate. He said Mr. Hukill suggested the placement of a surety. Mr. Lis' client is willing to do this; however, he needs some definition or direction. He read the last paragraph on page 3 of Planning and Zoning Department Memorandum 95-479 regarding certification. Mr. Lis said "providing irrevocable surety for each" has no real definition. He said his client does not want to be left with an open-ended situation of any extraordinary amount of money being placed irrevocably in escrow for the tkn. e that he is doing business in the City of Boynton Beach. He asked what irrevocable surety mxght be required and what it might be required for if his client is in compliance with the ten points and if there is no problem with the use. He stated that his client is not doing anything that is extraordinary or beyond what is approved. 30 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 Ms. Heyden stated that because this was a use that no one on the Technical Review Committee had the oppommity to evaluate, Mr. Huldll suggested the placement of the surety. This is the fa:st this has been done; however, other sUrety is collected and enforced by the Engineering Deparmaent. She deferred this question to Mr. Hukill. Mr. Lis felt comfortable that with Ms. Heyden's assistance he will be able to f'md out what this means before he goes before the City Commission. Ms. Heyden pointed out that the sUrety will have to be done as part of permitting, so Mr. Lis has a quite a while to do that, Mr. Lis said there has been a full review of what this applicant's method of business is going to be and what he is actually going to be doing. Mr. Lis did saot think anything noxious or toxic has been brought to the surface dUring the review, and there is no intent of that. He imagined that if sUrety is required, it would be required if the client was in violation of any of the ten .standards and that the sUrety would guaranty that he woulil be brought ba~ck into compliance. He assUmed the surety would be posted when a violation was cited or Whea~e fallsl tnt Of compliance with these items. Ms. Heyden advised that the :sUrety would be c0tI6cted p~:ior to a Certificate of Occupancy, not when the incident occUrs. Mr. Lis asked why surety is required at this time. Ms. Heyden could not answer this question at this time. Motion Vice Cha/rman Golden moved to recommend approval of the use approval for Packaging Concepts. to amend the list of permitted uses for the Quantum Park PID to allow research and development and the manufacture of non-aerosol spray dispensing systems on industrially designated lots, subject m resolution of the sUrety issue. Mr. Beasley seconded the motion which carried 6-0. Motion Vice Chairman Golden moved to recommend approval of the site plan for Packaging Concepts to construct a 24.158 square foot manufacturing building on a portion of lots 47A and 47B within the Quantum Park PID, subject to staff comments and resolution of Sgt. Harris' comment regarding semi tracks prior to the City Commission meeting. Mr. Beasley seconded the motion which carried 6-0. MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 12, 1995 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 11:07 p.m. Eve Eubanks Recording Secretary (Tttree Tapes) 32