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Minutes 03-14-95MINUTES OF THE PLANNING AND DEVELOPNEHT BOARD MEETING HELD IN COHHI~ION CH,~4BER$, CITY HALL, BQYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 14, 1995, AT 7:00 PR~E~ Gary Lehnertz, Chairman Stanley DubS, Vice Chairman Dave Beasley Jim Golden Chris Reitz MauriceRosenstock BradteyWeigle Pat Frazier, Alternate Tambri Heyden, Planning and Zoning Director 1. PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:05 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMNISSIONERS, AND BOARD MEHBER$ Chairman Lehnertz introduced the Board members. Mr. Rosenstock was not yet present. 3, AGENDA APPROVAL This item was dispensed with after Approval of Minutes. 4. APPROVAL OF NINUTE$ Mr. Golden made the following corrections to the minutes of the February 28, 1995 meeting: In the seventh paragraph on page 5, the second sentence should read modified land development "regulations", not "rates". The first sentence of the second paragraph on page 9 was modified to read, "Mr. Golden felt that strict design districts are good if you want to create a certain image like the downtown area." Motion Vice Chairman Dub~ moved to approve the minutes of the February 28, lg9§ meeting as amended. Mr. Golden seconded the motion, which carried 6-0. At this point in the meeting, Mr. Rosenstock arrived at 7:10 p.m. 1 MINUTES - PLANNING AND DEVELOPMENT BOARD MEETTNG BOYNTON BEACH, FLORIDA MARCH 14, 1995 AGENDA APPROVAL Chairman Lehnertz referred to a letter from Jim Zengage, requesting that Item 7.A.1 be rescheduled until April 11, 1995. Motion Hr. Golden moved to continue the public hearing for the Mainstreet Car Wash, Item 7.A. 1, ~o the April 11, 1995 Planning and Development Board meeting. Vice Chairman DUb~ seconded the motion which carried 7-0. Norton Vice Chairman Dub& moved to accept the agenda as amended. Mr. Golden seconded the motion which carried 7-0. 5. COI~4UN1CATIONS AND ANNOUNCEMENTS Report from Planning and Zoning Department 1. Firm1 disposition of last month's agenda ltem~ Ms. Heyden reported that the City Commission approved the Whipowill Arms site plan and landscape appeal, subject to staff comments, putting gates on the dumpster, and deleting the Engineering Department's comment regarding putting in gravel in lieu of grass. The Commission felt that more landscaping needed to be installed around the foundation landscaping and entrance landscaping. Approval was also subject to compliance with the Community Design Plan that is in effect at the time the permit is pulled. Ms, Heyden reported that the City Commission approved the Brisson Medical Office Building site plan and landscape appeal, subject to staff comments and putting in a dumpster with gates. Furthermore, rather than adding a second egress as recommended by this Board, they felt the dumpster truck could live with one driveway. They thought it would be best to just add additional landscaping on all sides of the build~ng {foundation landscaping) and enhance the elevations of the building, They felt a second egress was not necessary. Approval was also subject to a sketch submitted by Commissioner Aguila. 6. OLD BUSINESS A, Time Extensions (Postponed from February 14, 1995 Meeting} Project: Agent: Location: Description: Tara Oaks PUD Kieran Kilday Northeast corner of Knuth Road extended and Woolbright Road Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption/certification -2- #INUTES - PLANNING AND DEVELOP#ENT BOARD 14EETING BOYNTON BEACH, FLORIDA MARCH 14, 1995 Ns. Hoyden advised that Kieran Kilday, the agent for Bill Winchester, the prop- erty owner of the Tara Oaks PUD, requested an indefinite time extension for the PUD zoning/master plan approval and also their concurrency exemption and certi- fication for the project, The project's most recent master plan consists of 192 multi-family units on the north portion of the property, a recreation area and a church on the balance of the property. The church is 20,000 square feet. On June 21, 1988, the City Commission approved rezoning ~f the property from R-l-AAA to PUD~ to allow for 78 single-family detached units. On. December I8, use element amen~lm~nt to change the landuse i, i to med~,um ~ensity residential and aiso to PUD, with a land use intensity of 4 to a land use intensity of 5. The project is concurrency exempt and has certification. They were certified for traffic at the time of the 1990 approval. They were exempt from drainage and neighborhood parks. On June 2, 1992,~ theCommission approved a request to allow construction of the south portio~ of Knuth Road prior to a preliminary plat being filed. On June !~6, IggZ, ~e Commission granted a one-year time extension that extended the project"s J~ne 18, 1992 expiration to June 17, 1993. No application for extensions were made since the June, 1993 expiration, until the subject exten- sion, which was filed in November, 1994 (a period of one year and five months}. On April 8, 1993, the Commission approved a master plan modification to amend one of the conditions of approval which allowed the responsibility of construc- tion of Knuth Road to be shared between the Tara Oaks PUD and the Knuth Road PCD. There are a couple of exceptions to the Code that apply to this particular type of request. One states that requests for time extensions may be filed not later than 60 days after the expiration of the certificate or exemption. The other section of the Code states that time extensions may be granted for any length of time which does not exceed one year. Regarding the previous exemption to the current drainage and neighborhood parks levels of service, the project would meet current drainage and neighborhood parks requirements evaluated against those today. Traffic would meet the current traffic performance standards ordinance. The Code also states that the City Commission shall review any rezoning approval that has expired for a planned zoning district. The City Commission may extend the zoning of the property for a period of one year, extend the zoning indefi- nite)y, or instruct the City Manager to file an application to rezone it to its original classification. Regarding the appropriateness of the land use and zoning, Ms. Hoyden advised that as part of the Evaluation and Appraisal Report (EAR) that is due in August of next year, staff will reevaluate the land use of the property if development has not commenced. -3- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA ~RCH 14, 1995 The applicant claims that the time extension is warranted based on various improvements that have been made to initiate construction of the project. As part of the construction of Knuth Road, the culvert crossing over the L.W,D.D. L-26 canal is in place; however, it has not been verified to the Engineering Department that the work was certified. Also, a clearing and grubbing permit for the Knuth Road right-of-way was issued on March 24, 1993, and a final inspection has not been received. On April 18, 1993, the City Commission approved an excavation and fill permit and final inspection on that work was received on January 21, 1994. The applicant has prepared plans for the construction of the south portion of Knuth Road, adjacent to the church parcel. They were submitted in May, 1993. There were conditions attached to that work, but those conditions have not been satisfied yet. The Technical Review Committee recommended approval of the extension for a time period teat would run through June 18, 1994 (one year and four months). Mr. Rosenstock asked Ms, Heyden's overall policy regarding time extensions. Ms. Heyden stated that there are two key issues involving this request. They are the appropriateness of continuing this property as commercial land use, and the effects of the traffic and any other concurrency issues. W~th regard to the land use, the reason she mentioned that the EAR is due in June of 1996, is that at that point, the City will look at all the land use in the City to determine whether or not any conflicts or changes have occurred since 1989 that need to se addressed. Therefore, whether or not not we evaluate the land use now, it will be done a year and four months from now. Ms. Heyden di,d nos see that there have been any changes in conditions to this point that would warrant changing the land use to something other than commercial. With regard to the ~ssue of concurrency, she mentioned the concerns of the Citrus Glen residents regarding Lawrence Road. They were concerned with the effect of eight or nine projects alt coming on line at the same time and the fact that the County does not evaluate the accumulative effect of all these approvals. Ms. Heyden felt that this project should be evaluated for today's traffic levels of service. However, she did not have a problem with evaluating the land use in 1996 when the EAR is due. Vice Chairman Dub~ expressed concern that when the road is finished, everyone will use it as a new short cut to get to the post office. He felt this wou)d impact everybody to the south. Chairman Lehnertz pointed out that the property has two owners. He asked if this application covers both owners. Ms. Heyden answered affirmatively. Chairman Lehnertz referred to the March 7, 1995 letter to Mike Haag from Dan Weisberg of the Office of the County Engineer which states that, "The study -4- N~NUTE$ - PLANNING AND DEVELOP#ENT BOARD NEETZNG BOYNTON BEACH, FLORZDA MARCH 14, 1995 mentions an unidentifiedprevious petition which accounts for 770 of the projects' daily trips° Like the K, S. Rogers study, the updated study does not address these trips. Rather, it addresses 728 deily trips from an undefined project." He asked for clarification regarding how many trips are being generated from this entire proposal and if they were al1 considered. Ns. Heyden explained that in Z988, there was a rezoning from R-Z-AAA to PUD for 78 single- family homes. Because that approval did not expira before the next request came in to rezone it to a different master plan to change the land use intensity, the County allowed the use of any previous testing. Therefore, when this project was evaluated, they were allowed to -receive credit from whatever traffic was generated by the78 single-family homes, She stated tha]t Mr. Weisber9 did not recall previous approval. Tara cl to church si~ plan. ~i and Mi were present. Mr. Kilday stated that the narrow strip of property located just north of Ridge. The property was approved with the :he north part of the site. The property, subject to a series of permits to :he event the church moved quicker than the ~eed. However, at the time of the as well as the permitting of the road, along the entire boundary of the a collector road on the master Cbngress Avenue connecting and road is planned to Mt. Kilday .stated that a gqeat deal of money has been spent carrying the approv- al process alohg~ The:d~v61opme~t in 1990 went flat. H°Wever, in the last twelve mod'~hs, discusSi!onslhave'been started regarding the use of the property. This prompted th~ request ~or a~ extension. In tems of traffic impact, Mr. Kilday stated that residentials are relatively low traffic generator~ He advised that all County standards have been met. He pointed out thatat the t'i,me these projects were approved, Woolbright Road and the Gateway interchange were still under construction. Therefore, the road situation improved in,all cases, except the two-lane section at Gateway, which is not affected by Tara Oaks. Mr. Kilday stated that the reason he asked for an indefinite time extension was because an indefinitetime e~tension was granted for a PCD on Knuth Road. He stated that the ~RC recommended an 18 month extension based on the practical ability to get p~mits in place. -5- #INUTE$ - PLANNING AND DEVELOPHENT BOARD #EET~NG BOYNTON BEACH, FLORZDA MARCH 14, 1995 Mr. Kilday stated that the Tara Oaks project will be required to build Knuth Road up to the canal area. Vice Chairman Dub~ stated that there is a two-lane road coming in from the north. He asked if the church is required to build a two-lane or four-lane road. Mr. Kilday stated that the road is planned as a collector road, which would allow for it ultimately being built to a four-lane section if it reaches that traffic level. However, the additional construction that is planned and is a condition of this approval, is a two-lane section with turn lanes in the appropriate locations. Mr. Golden addressed the Tara Oaks PUD, the Knuth Road PCD, and the Boynton Beach Boulevard PCD as a group since they originally came in as a group. He came before the City several years ago, staff recommended den a lot of attendance at public hearings and a lot of opposi- tion. However, the commission approved these projects· He pointed out that several years have past, and there has been no activity on these properties, aside from some minor things, He stated that the appli,cants are asking for a retroactive extensi:on. He felt approval ef these requests wo~ld tie u pro ~a~ed Zoning joOther developers who have projects th;at they may be with did use. Ne felt these are pure a~d Speculative ven- o increa~e land values. He felt the~e are no real .properties. He stated that the shape of the com- there is limited fnontage on BoY~ton Beach dli~y is very poor within the site and they are Therefore, h~: going to be ~sue of · He pointed out that that these properties should be reeval- and*Appraisal Report t~ see if the current maste not d he was on this Board when the first approval of the ly homes and low density residential was approved. when this proposal came through as a rezoning to tiat, which he was strictly against. He remembers that of dissension and an intense amount of opposition to He referred to the following comment in the staff report: were submitted under Palm Beach County's current traffic ordinance; however, prior to the effective date of the ordinance." He remembers sitting on this Board pass a concurrency ordinance that was due to take effect at . This Board was inundated by property owners and appli- )val of projects so they could get in under the wire and A large number of these projects were approved. was a viable project, the applicant would have asked for an ~lan expired. He would like to see this application ~sion recommend ~hat the City Manager refile an appli- density residential. -6- *Delete the word "and" so that it reads "purespeculatmve' ". M1'NUTES - PLANNTNG AND DEVELOPMENT BOAR{~ MEETZNG BOYNTON BEACH, FLORZDA HARCH 14, 1995 Chairman Lehnertz pointed out that if the City Commission approves a retroactive extension and a time extension for an additional 16 months, regardless of what iS determined by the EAR, this project could still be build. Ms. Heyden con- curred that if there is an application in progress to construct a project, that parcel would not be identified as one that should be reevaluated. Mr. Kilday asked if the City will reimburse his client the right-of-way that has been dedicated for Knuth Road if th~s project is turned down, Ms. Heyden did not know for certain, but she guessed that the City would not. Mr. Kilday asked what would happen to the church's approval, which was subject to this master p)a~, if this project is turned down. Ms. Heyden advised that their approval becomes null and void. ~tlon Mr. Golden moved to recommend denial of the time extension for the Tara Oaks PUD and recommend that the City reevaluate the appropriate zoning for this parcel. Mr. Rosenstock seconded the motion which carried 6-1. Mr. Beasley cast the dissenting vote. 2. Project: Knuth Road PCB Agent: Kieran Kilday Location: Southwest corner of Knuth Road and Boynton Beach Boulevard Description: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Ms. Heyden stated that Mr. Kilday and the property owner, Bill Winchester, requested an indefinite time extension for the Knuth Road PCB with respect to their zoning/master plan approval and concurrency exemption. The master plan consists of 120,000 square feet of retail with two outparcels, a 5,400 square foot bank and a little over 6,000 square foot restaurant. Using the overhead projector, she displayed an overlay of the most recent master plan. On December 18, 1990, the Commission approved a land use element amendment {from the County's Con~nercial 3 category to the City's Local Retail Commercial cate- gory) and rezoning {from Agricultural Residential to PCD, with a specific master plan}. The approval included concurrency exemption for traffic and drainage. On June 16, 1992, the Commission granted a one-year time extension, which expired on June 17, 1993. This is the only time extension that has been filed on this piece of property, prior to the current request. On June 2, 1992, the CommisSion approved a master plan modification which included replacing the 6,068 square foot outparcel restaurant with a service station. To accommodate the increase in traffic, they had to decrease the size of the bank outparcel from 5,400 square feet to 4,500 square feet. The total square footage of the project remained at 120,000 square feet. At that time, 7 *SEE ATTACHMENT FOR CORRECTION #TNUTE$ - PLANI~ING AND DEVELOPMENT BOARD #EETING BOYNTON BEACH, FLORIDA HARCH 14, 1995 the Commission also approved a preliminary plat and site plan for the gas sta- tion, which has expired. This approval was granted under the previous service station regulations. The property did not meet the new service station cri- teria, therefore, this aspect of the 1992 master plan modification is no longer valid. The applicant is now requesting approval of the service station. On April 8, 1993, the Commission approved a master plan modification for the Tara Oaks PUB Which split the burden of constructing Knuth Road between this project and Tara Oaks. The Code states that requests for time extensions may be filed not later than 60 days after the expiration of the certificate or exemption, and that the exten- sion not begranted for more than one year. Ms. Heyden advised, that the project meets the current drainage requirements, but does not meet the current traffic requirements. There is a traffic level of service problem with Gateway Boulevard between C~gress Avenue and Military Trail. That link ~s not scheduled to be i~roved until fiscal year 1996/g7. Therefore, if a development order is issued, it would have to meet concurrency and they could receive road impact fee credit for the road construction. The only other op~ion would be to phase the project. The phase limitation is 75,700 square feet of retail {3,3§1 daily trips). The applicant is requesting that since the Boynton Beach Boulevard PCD also has the same , the City allow the 3,600 trips to be transferred to one so that, depending on which project comes first, no However~the County indicated that this would not be aTlowed. With regard to phasing, Ms. Heyden stated that staff recommends that the square footage restriction be placed on the approval of the project and added to staff comments. Also, this would include reevaluating the traffic situation when the outparce]s come in because there are different generation rates for different kinds of uses. The Commission can either extend the zoning for a year or an indefinite period of time, or instruct the City Manager to file an application to rezone it. Staff will be looking at this piece of property as part of the EAR to determine whether or not the land use is still appropriate. Ms. Heyden advised that the applicant believes a time extenion is warranted due to the various improvements made on the property. The TRC recommended a time extension be granted for a specific period of time that would expire on June 18, 1996. It seemed to Mr. Golden that the City would be putting itself in a potential legal bind if a service station was allowed and a retroactive time extension was approved. - 8 - *SEE ATTACHMENT FOR CORRECTION #ZNUTES - PU~.NNZNG AND DEVELOP#ENT BOARD #EET]'NG BOYNTON BEACH, FLORI*DA NARCH 14, 1995 Hr. Kilday stated that both ef these planned commercial developments were in the County and annexed into the City at the time of their approval in 1990. They are located on Boynton Beach Bou~eYard. The land uses to the north and around them are primarily commercial. They have been contributing to the commercial tax base of the City and they can contribute much more if they had buildiogs on them. With regard to the traffic issue, while the owner was not required to address concurrency in 1989, he was required to address it in 1995, which resulted in the phasing requirement. Inmost cases, the immediate links have improved since the time of approvals. Gateway is a two-lane road and it has a capacity of 13,400 tr~ps, It is running about 16,000 trips right now. It is on the five-year planand is scheduled for fiscal year 1996/97 for approval. With the phasing requirement, it meets all current concurrency standards. With regard will be a project. contract for a single use on the to come forward. The service station was velopment. If the extension is station is denied, Mr, Kilday was not sure if there Mr, Rosenstock asked what other contracts exist for the development of this property. Mr. KilOay advised that the only contract is for the service station. However, there is a letter of intent with regard to the next project. Mr. Rosenstock asked when this project will go forward, i*f approved. Mr. Kilday ~hinks the service station will probpbly go forward within the next two months. r. Rosenstock felt the last thihg the'[i{y needs is another service station, Mr. Golden and Chairman Lehnertz were opposed to this request. Chairman Lehnertz said his Corrments regarding ~he previous agenda item also apply to this request. He pointed out that one of tt justifications for asking for this extension is the fact that there has b( n ongoing work by the applicant. Yet, st~f~'s ?port indicates ~hat the only hing they did was receive amaster plan mooiticacion on June 2; 1~92, and a mil r amendment to the master p3an, obvi- ously prior to theexpiraqion of this [ rticul:ar master plan. This did not appear to Chairman Lehaer~z like ~here ~s been a great deal of work and effort put into this, He isaiSM~. Kilday poir ;ed out that developing these projects would ~dd to the Ci!ty!~i ta:x base. CEai ~an Lehne~tz d~d nbt think the develop- men: or any kind of propePty withSn bhe City that has a tax base is going to reduce taxes. Mr. Beasley was in favor of this request. He stated that it takes time to put a development together. He pointed out that the project has already been approved and he did not think it should be denied just so that the City can revis~it the entire project. Mr. Rosenstock stated that this area is constantly chang!log. He did not feel a City should be denied the ability to review a par- ticular p;roject that has failed to be built in a number of years. He felt if you receive a permit, you should use it. If you do not, you should reapply. He felt it was incumbent upon the Board to abide by the dynamics of the City's current problems and Codes. -9- HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETZNG BOYNTON BEACH, FLOR]*DA HARCH 14, 1995 Mr. Golden pointed out that this is not like a typical site plan extension where zoning is in place and the applicant is seeking an extension for something that was allowed by right. He stated that this was not compelling and there was a lot of time. Mr. Reitz concurred with Mr. Golden and Mr. Rosenstock, He expressed concern about this resurfacing just because there is interest in the gas station. He also expressed concern about the viability of the entire project. He recom- mended~eapProaching this from a rezoning perspective. Mr, Beasley stated that it takes a long time to fill that much retail space. He felt denial of the extension would take away the applicant's ability to nego- tiate With potential clients. Mr. Reitz stated that if this extension was approved from a speculation perspec- tive, this would have a detrimental effect on the other centers in the area that are not 100 percent filled. He would like to see more of an overall plan put in place. #otl~n Vice Chairman Dub~ moved to disapprove any type of an extension on the Knuth Road PCD for zoning/master plan approval and concurrency exemption. Mr. Reitz seconded the motion. At Mr. Golden's suggestion, Vice Chairman Dub~ amended his motion to include the recommendation that the City Commission direct the City Manager to file an application for a more restricted zoning category until the property has been further evaluated, and that the appropriate zoning be reevaluated at the time of the Evaluation Appraisal Report. Mr, Reitz agreed to this amendment. The motion carried 6-1. Mr. Beasley cast the dissenting vote. e Project: Agent: Location: Description: Beynton Beach Boulevard PCD Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Ms. Heyden advised that this project received its land use change and rezoning to current master plan in December of 1990. With that approval was a con- currency exemption for traffic and drainage. There was one time extension prior to this one. The same sections of the Code dealing with time extensions that apply to the previous requests apply to this request. This project meets the current drainage requirements; however, it does not meet the current traffic requirements. Therefore, staff requested that traffic information be turned in. Gateway Boulevard again came up as a problem link between Congress - 10 - *The second sentence of this paragraph was deleted #INUTE$ - PLANNING AND DEVELOP#ENT BOARD #EETING BOYHTOH BEACH, FLORIDA HARCH 14, 1995 Avenue and Militar~ Trail. The COunty recommended that this project be phased, limiting the amount of construction that can take place. As part of the EAR, the Planning Department will identify Properties for land use conflicts or changes in conditions that would necessitate changes in land use and zoning. There have been a number of improvements that have been dene, which the appli- cant feels warrant the time extension. Those improvements include the removal of some Australian Pines, and issuance of a clearing and grubbing permit and an excavation and fill permit. The TRC recommended approval of this project sub- ject to all comments and ~ondi~ions of rezoning and master plan modification approval. Rather thanan indefinite time period, staff recommends the extension expire on June 18, 1996. property. Vice Chairman Dub~ asked if Mr. Kilday could live with a 15 month extension. Mr. Kilday answered affirmatively. In response to Mr. Weigle, Mr. Kilday advised that the intent is to develop this property as a retail center with a center anchor in the back and two outparcels in the front. Mr. Golden pointed out that this parcel abuts the Stonehaven PUD single-family homes and a lot of people opposed this request at a previous public hearing. Mr. Golden felt residential zoning would be more appropriate than commercial zoning at this location. Chairman Lehnertz felt this was another application that was rushed in to get in under the deadline. He stated that there has been virtually nothing done since then. He felt that if this was a viable project, it would have come before the Board sooner. He felt the owners should resubmit the entire project if they feel it is a viable project. Mr. Kilday pointed out that a project was approved in 1974 and was constructed ten ~ears later. Mr. Golden pointed out that that was a DRI and we would have more in the way of vested rights with a DRI. Vice Chairman Dub~ felt this parcel should be developed because right now it is a mosquito infested water soaked hole. 11- *SEE ATTACHMENT FOR CORRECTION MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 14, 1995 Chairman Lehnertz suggested giving the applicant six months to make a good faith effort. Ms. Heyden pointed out that all that would involve is submitting an application for a site plan or plat within six months. Mr. Kilday said he could probably have a submittal of the plat within six months. #orlon Vice Chairman Dubs moved to approve an 18 month retroactive and a 6 month time extension for zoning/master plan approval and concurrency exemption for the Boynton Beach Boulevard PCD J~ased'o~ the ov/~er submitting a site plan for approval within that period of time, subject to staff comments. Mr. Weigle seconded the motion. Mr. Golden pointed out that a letter of intent is a pretty vague commitment. The motion carried 6-I. Mr. Golden cast the dissenting vote. 7. NEW BUSINESS A. Publlc Hearing Land Use Element Amendment/Rezonln~ Project: Agent: Owner: Location: Description: Malnstreet Car Wash Jim Zengage Forward Progress, Inc. Between N. E. 1st Street and N. E. 2nd Street, imme- diately north of Mainstreet Car Wash Request for a map amendment to the Future Land Use Element of the Comprehensive Plan from Medium Density Residential to Local Retail Commercial and rezoning from R-2 (Single and Duplex Dwelling District) to C-3 (Community Commercial) This item was rescheduled until April 11, 1995. B. Subdivisions Naster Plan Modification Project: Agent: Owner: Location: Description: Shoppes of Woolbrlght PCD CCL Consultants, Inc. Howard R. Scharlin, Trustee Northside of Woolbright Road, east of the L.W.D.D. E-4 Canal Request to modify the previously approved master plan to subdivide outbuilding 3 into .895 acres, revise the outbuilding sizes (outbuilding 1 from 4,300 to 6,920 square feet, outbuilding 2 from 5,000 square - 12 - NTNUTE$ - PLAHNZNG AND DEVELOPNENT BOARD NEET[NG BOYNTON BEACH, FLOR]DA 14ARCH 14, 1995 feet to 5,755 square feet and outbuilding 3 from two stories and 6,000 square feet to one story and 2,625 square feet), add a driveway on the east side of S. W. 8th Street, 400 feet north of Woolbright Road, relocate the existing driveway on S. W. 8th Street, 190 feet to 260 feet north of Woolbright Road and provide a median cut on S. W. 8th Street for the relocated driveway. Ms. Heyden stated that the applicant is requesting approval to modify their pre- viously approved master plan, The property is 31.99 acres and is approved for 284,620 square feet of commercial r~tail development. This request is comprised of six parts. The first change is subdivision of Tract C to make outbuilding 3 a separate .895 acres outparcel. Tract C is located at the northeast corner of S. W. 8th Street and Wootbright Road and south of the main entrance into Home Depot. The second part of the request is a change in the size of outbuilding 3 from a two-story 4,300 square foot bank to a one-story 2,625 square foot drive-through fast food restaurant. The issue of the drive-through is being reserved to the discussion of a conditional use application, which is pending for a Taco Bell Restaurant. The next part of the request is a change in the area of outbuilding 2 from 5,000 square feet to 5,755 square feet. They shifted around the square footage of the outparcel. The overall square footage of the project has not changed. The fourth change is a change in the building area of outparcel 1 from 4,300 to 6,920 square feet. The fifth change is relocation of the existing driveway located on the east side of S. W. 8th Street, 30 feet south, from 290 feet to 260 from the south property line of the PCD. The last change is the addition of a driveway on the east side of S. W. 8th Street, approximately 400 feet north of the south property line of the PCD. Thi~ driveway was requested on a previous master plan modification that was tabled by the City Commission in 1991. The Shoppes of Woolbright PCD is part of a stipulated settlement agreement between the Tradewinds Development Corporation and the City that was entered into on January 24, 1990, which was a revision of an earlier stipulated settle- ment agreement from November 6, 1986. That stipulated settlement vested the project for traffic, water and sewer so that no time extensions wou d be required prior to build-out of the project. Ms. Heyden advised that some of the changes are inconsistent with the stipulated settlement agreement. Those changes will be discussed by the City Commission. - 13- #~NUTE$ - PI.ANN~NG AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA Ka, RCH 14, 1995 Since lg91, Mr. Morton, the primary agent for this piece of property, has iden- tified a punch list of items t~at are in dispute. The City has been working for the past three years toward revising the stipulated settlement agreement, Some of those issues are impacting the current applications that are in the process, such as the conditional use application for Taco Bello However, since the agreement has not been finalized yet by the City Commission, this master plan modification is being submitted to reduce the punch list. The subdivision of Tract C is addressed in the agreement and is acceptable. According to the agreement, platting or a waiver of platting would be required to subdivide the property. With regard to relocation of the existing driveway on the east side of S. W. 8th Street, one entrance, i? addition to the main entrance, was allowed pursuant to thelg~Oagreement. This existing driveway is the additional driveway referencedin the agreement. Therefore, the proposed location of the additional driveway is closer Eo the original position, ~hi~h was centrally !ocated, iden- tified in the Barton-Aschraan traffic report, upon which the traffic conditions of the 1990agreement were based. Mr. Rosenstock left the meeting at 8:52 p.m. The addition of a second driveway is inconsistent with the agreement. Furthermore, there are other reasons that this second driveway is inconsistent. The intent of PCDs is to encourage a planned program series of operations that integrate all the buildings as one whole picture {integration of access ways, infrastructure, streets, landscaping and some kind of unifying element with respect to architecture). ~There~ore, this defeats the purpose of requiring internal access roads and driveways to serve parcels. In addition, the Barton-Aschman report indicated that the driveway on the east side of S. W. 8th Street, north of 'the existing maiin entrance driveway, was to be deleted. The proposed master plan st~ll reflects this driveway as being approved. If the median cut in S. W. 8th Street is ~pproved, this new intersection would capture much of the traffic anticipated and designed to be received by the main driveway. The new median Cut wou~ld encourage the additional drivewa bein requested to ~ecolne a major driveway as well. Therefore, the additional d~ive- way that would: serve the Taco Bell Restaurant would have to meet the City's 100 fo~t throat requirement. If the median cut is ,approved, staff recommends that a new analysis o~ the turning movements be submitted to determine the impact the median cut wilq have on S, W. 8th;Street and Woolbright Road. Also, the Police Department recbmm~nded north and south deceleration lanes along 8th Street to serve the new dFiVeway. )~ is alSO recommended that if any changes approved by the Commission are d~fferent than!what is reflected on the proposed master plan, three copies o~ a revisedmas~er plan be submitted to the Planning and Zoning Department to reflect those changes. vice Chairman Dub8 noticed that the building on the northwest corner is not the sa~e shape as the build~ng that was approved last year. Ms. Heyden explained - 14 - #ZNUTE$ - PLANNZNG AND DEVELOPMENT ~D #EETZNG BOYNTON BEACH, FLORIDA Ka, RCH 14, 1995 that she had recommended a master plan modification be submitted to address splitting that building. The site plan came in before the master plan modifica- tion. The site plan was approved and expired. Therefore, the master plan was never changed to reflect the change. Louis Campanelli, Vice President of CCL Consultants, felt that the median cut issue and also the major driveway issue should be left up to the attorneys and the C~ty Engineer. He reminded everyone that the second driveway was approved by this:Board in lg91. The driveway spacings meet the requi-rements. He respectfully requested that this application be approved. Mr. Weigle did not think the property owner should get anything except what is required by law, Chairman Lehne. rtz agreed. Nr. Golden agreed that the property owner should not be given anything further than What h~a~ been granted in settlement. On the other hand, in Order to develop this prepe~ty, he felt that there are going to have to be some m~nor modifications to get things to work right. However, he did not think major changes a. re appropriate. It appeared to Hr. Golden that the additional drive~ay is being driven by thebank being changed to a fast food restaurant with drive-through, Chairman Lehnertz inquired about the status of the gas station that was previ- ously approved. Mr. Campanelli stated that it is Presently under design. Chairman Lehnertz referred to the Woolbright Place pUD church parcel and asked if Mr. Campanelli is aware that the City ~as ordinances i]n terms of the minimum distance between gas Stations and churches. M ~ aware of that. r. Campanelqi indicated he was not Vice Chairman Dub~ pointed out that the gas station was supposed to be built once the power line was moved, which was about fourteen months ago. Mr. Campa~elli stated tha~ they also had to relocate an abandoned force main, which was recently done. With regard to the median cut, the engineer for Taco Bell was present and said he would be willing to work with Mr. Morton and remove that from the applica- tion. He is planning to submit the plans so that he can be in front of this Board at the April meeting. Mr. Weigle stated that the area where Taco Bell is proposing to locate was approved as a bank and he felt it should remain as a bank. He stated that any site adjustments that the property owner wanted should have been included in the settlement agreement. He did not feel it was up to the Board to give anything to the property owner that is not in the settlement agreement. Mr. Golden noticed that the staff report addresses what was approved under the master plan for the settl'ement agreement in terms of the square footage. However, it did not reflect all the square footage that was approved under the settlement agreement. Ms. Heyden stated that the latest appPoved master plan - 15 - *SEE ATTACHMENT FOR CORRECTION NINUTE$. PLANN2HG AND DEYELOPNENT B~D NEETING BOYHTON BEACH~ FLORIDA NARCH 14, 1995 allowed 284,000 square feet, and the settlement agreement allowad 320,000 square feet. Mr. Golden asked if the Board is obligated in any way to approve any square footage ~?ve and beyond What is reflected on the master plan that was t{ed to the agreement. Ms. Hoyden could not answer that question. She said the i990 master planI that was approved was a settlement master plan and showed 315,580 square feet. Both parties agreed that that was the settlement master plan and that was the square footage they wanted. Vice Chairman Dub~ fel~t Taco Bell would be a nice asset. The engineer for Taco Bell believed that when Taco Bell submitted an applica- tion, Michael Haag took it to the City Attorne¥ and that the r . going to be inco6porated into therevised settlement, estaurant was Mr. Golden asked what exactly is going on with the conditional use application. becaMS' Hoyden advised that Mr. Morton turned in the conditional use application' ' ~us~ he contended that because the 1986 stipulated sett)ement agreement pro- hibits fast food,restaurants and drive-through~, but the 1990 agreement is silent, that the~1990 agreement supersedes the 1986 agreement. This is not staff's position. Therefore, since there was some doubt, when the application came in, it was put on hold, not only because of the drive-through issue, but because of the issue of subdividing and the new access issues. It seemedto Mr. Golden that this entire discussion is premature until they work out exactly what is what between these two versions and come to some consensus. Notion Mr. Weigle moved to deny the request to modify the previously approved master plan. Mr. Golde~ seconded the motion which c~rried 5-1. Vice Chairman Dube cast the dissenting vote. C, Consistency Review 1. Dent~l )aboratorles as a condltlonal use in the C-] Offlce Profe~si.onal, zoning district ' Ms. Heyden stated that the City is initiating an amendment to the zoning code to allow dental laboratories in the C-1 zoning district. Due to the pyramiding of uses in the zonin~ district, if approved, this use will be allowed in the C-1, C-2, C-3, and C-4 zoning districts, subject to conditional use. Currently, den- tal laboratories are allowed only in the M-1 zoning district. Ms. Heyden stated that this has come about because of a recen[ denial of an occupational lice@se request for a laboratory in a multitenant building where dentistry was located. The original occupational request for that dental a laboratory was based on an interpretation that it was accessory to the den- tistry. The dental lab wants to move to a different bay within the building. Since it will no longer be adjacent to the dentistry, it will no longer be determined to be a~ccessorY because it will be in and of itself a principal use. - 18- MINUTE.% - PLANN~'NG AND DEVELOPMENT BOARD NEETXNG BOYNTON BEACH, FLOR]*DA N/Lq:CH 14, 199,5 Ms. Heyden advised that the City Commission directed staff to initiate a zoning code amendment. Prior to that, staff did some surveys of other cities to see exactly how their zoning codes are structured. This also went to the Environmental Review Committee for input regarding changes in dental labora- torSes since the dental code was last amended five to seven years ago, Ns. Heyden advised that the function of this Board regarding this request is to evaluate the zoning code amendment fer consistency with the Comprehensive Plan, She stated that the 'C-1 zon:ing district falls under the office/commercial land use "The in the Comprehensive Plan that states, I shall be limited to, but shall not tats car~ services, group homes, com- ~thr parti'¢ular l( and fha% th~s request the Comprehensive Plan. This would be a conditional use, not a se, A gentleman who resides at 5349 Cedar Lake Road, said he is in the pKocess of opening up a dental lab and was $~ould be openedin am industrial area. in n~nindustr~a~ areas : . , _~ on Boynton treated differently. Ms. Heyden stated that she had ident~fi? all the dental' labs in the City that are currently licensed., ~here are two ~a~gaVe beem in theC-1 zoning district lOT about 14 or 15 yea~s. Vice Chairman~DUS~ said theyWePe ~robably grand- fathered in. Notion Mr. Reitz moved to find this consistent with the Comprehensive plan. Mr. Golden seconded the motion which carried 6-0. D. Other None. 8. CONNENT$ BY NENBER$ Mr. Weigle advised that his term of servi:e will be expiring next month. He took this opportunity to thank Ms. Heyden and her entire staff. He felt they have done a very professional and exemplary job. Vice Chairman Dub~ advised that he submitted a Talent Bank Form to continue serving on the Board. 17- #INUTE$ - PLANNING AND DEVELOP#ENT BOARD NEET;NG BOYNTON BEACH, FLOR]'DA NARCH 14, 1995 Chairman Lehnertz plans to submit a Talent Bank Form also. He pointed ou~ that any positions not filled aremaintained by the present members. Mr. Weigle agreed to continue serving on the Board until his position is filled. Ms. Heyden took this opportunity to say that this is one of the best Planning and Development Boards the City has had in a long time. She said it makes her job a lot easier to work with people who are interested and knowledgeable in the area of planning and development. 9. ADJOURN#EN~ There being no further business to come before the Board, the meeting was adjourned at 9:26 p.m. Eve Eubanks Recording Secretary {Two Tapes) - 18 - Mr. Golden submitted a number of changes to the minutes of the March 14, 1995 meeting to the recording secretary. Those changes were as follows: In the middle of the third paragraph on page 6, a sentence was corrected to read, "He felt these are pure speculative ventures; the purpose being to increase land values." The motion on page 7 was corrected to read, "Mr. Golden moved to recommend denial of the time extension for the Tara Oaks PUD and recommend that the City reevaluate the appropriate zoning for this parcel as part of the Evaluation and Appraisal Report,'~ The last sentence on page 8 was corrected to read, "It seemed to Mr. Golden that the City would be putting itself in a potential legal bind if a service station is no longer allowed and a retroactive time extension is approved." The second sentence on page 10 was deleted. The next to the last paragraph on page 11 was corrected to read, "Mr, Kilday oointed out that the Boynton Beach Mall was approved in 1974 and got constructed ten years later. Mr. Golden pointed out that that was a DRI and has more in the way of vested rights." The last sentence in the third paragraph on page 15 was corrected to read, "It appeared to Mr. Golden that the additional driveway is being driven by the bank being changed to a fast food restaurant with a drive-through window."