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Minutes 09-13-94H[NUTES OF THE PLAHNIHG AND DEVELOPHENT BOARD NEETING HELD IN COHFEREHCE ROOH "C", WEST ~I~, CITY HALL, BOYNTOH BEACH, FLORIDA, OH TUESDAY, SEPTEHBER 13, 1994, AT 7:00 PRESENT Gary Lehnertz, Chairman Stanley DubS, Vice Chairman Jim Golden Maurice Rosenstock Tom Walsh Bradley Weigle Pat Frazier, Alternate Tambri Heyden, Planning & Zoning Director Mike Haag, Zoning & Site Devel. Administrator ABSENT Richard Gram Dan Winters, Alternate PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:10 p.m. He excluded the Pledge of Allegiance to the Flag since there was no Flag present in this Conference Room. INTRODU~TIOH O.__~F HAYOR~ COI,~ISSIOHERS AND BOARD HEHBERS Chairman Lehnertz introduced the members of the Board. AGENDA APPROVAL Vice Chairman DubA moved to approve the agenda as submitted. Mr. Weigle seconded the motion, which carried unanimously. APPROVAL OF HINUTES Mr. Golden moved to approve the minutes as submitted from last month's meeting. Mr. Walsh seconded the motion, which carried unanimously. COHHUHICATIOHS ~ ANHOUNCEHEHT$ A. Report from the Planning and Zoning Department 1. Final disposition of last month's agenda items Ns. Heyden requested that Item 7-B.2, "Exception to Platting for The Vinings at Boynton Beach", be deleted from the agenda since the applicant has withdrawn the request. /~ended Hotlon Vice Chairman Dub~ amended his motion to accept the agenda with this deletion. Mr. Weigqe seconded the motion, which carried unanimously. Ms. Heyden reported on last month's agenda items which went before the City Commission on August 16, 1994. HINUTE~ - PLANNING AND DEVELOPMENT BOARD HEETING BOYNTON BEACH,, FLORIDA SEPTEHBER 13, 1994 Palm Walk Conditional Use - This ACLF was approved subject to staff comments and with two additional remarks. The City Commission requested gates on the dumpster. However, there will be no dumpster. There will be can pickup with a dumpster enclosure. The height reduction, which was recommended by staff, was not approved. J Palm Walk - Community Design Plan Appeal - This item was approved and the City Commission endorsed the Planning & Development Board's opinion. 3. Vlning$ - Exception to Platting - This item was approved as sub- mitted. Ms. Heyden asked for input from the Board on her new practice of mailing inform- ation packages when Board members are on vacation. Messrs. Golden and Walsh felt this was a very good idea. Chairman Lehnertz recommended that members advise the Planning and Zoning Department, as well as the City Clerk's Office, when they will be on vacation so that staff knows whether or not to mail the packets. OLD BUSINESS None NEW BUSINESS A. PUBLIC HEARING ABANDONMENT 1. Project Name: Agent: Owner: Location: Description: The Vinings at Boynton Beach CCL Consultants, Inc. Howard Scharlin, Trustee East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road Request for abandonment of a 20' wide drainage easement located near the southwest corner of the property. Mr. Haag made the presentation. A locator map was used to display the area which is located in the Woolbright Place PUD. This will be an apartment complex consisting of 548 units. The drainage easement is approximately 203' long and 20' wide. This drainage easement was created when Home Depot, located in the Shoppes of Woolbright PCD, was established. The drainage from that project works its way onto this project. The stormwater is ultimately discharged into a lake. When the site is developed, there will be buildings in the location of the easement. The applicant will reroute the drainage so that it will connect into the existing infrastructure located under SW 8th Street. Engineering, Utilities and the Planning and Zoning Departments are in favor of this request for abandonment. One condition, recommended by staff, requests that the Resolution adopting the abandonment of the drainage easement not be signed by the City Commission until after the infrastructure is in place and working to divert the drainage off the property. The City Engineer is in agreement with this condition. The applicant has agreed with the stipulation. - 2 - MINUTES - PLANNING AND DEVELOPNENT BOARD MEETING BOYNTON BEACH, FLORIDA Staff recommends approval of the request for abandonment, dition requested. SEPTEMBER 13, 1994 subject to the con- In response to Mr. Rosenstock's question, Mr. Haag advised that Page 7 of the back-up material is a memorandum from Mr. Wohlfarth to the City Engineer dated August 26, 1994, wherein he agrees that the abandonment will not be adopted until the Resolution is signed. They will have all infrastructure in place before that signing. Mr. Rosenstock suggested that the City Attorney submit a form which satisfies his legal requirements for the fulfillment of that request other than just this unsigned memorandum. Rtchard Woh)farth~ CCL Consulta~t$~ represented the applicant, With regard to the Comments made a~ this meeting, the applicant is in total agreement with the request. He stated they have agreed with the City, and they fully understand that the easement will not be released until the improvements are in place. This was worked out with the Public Works Directo,r. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Notion Mr. Walsh moved that we go ahead with this recommendation to the City Commission based upon the preparation of the necessary legal document to satisfy all par- ties concerned and protect our interest in the future when this project does get underway, subject to all staff comments. Mr. Golden seconded the motion which carried unanimously. , CONDITIONAL USE 2. Project Name: Agent: Owner: Location: Description: Miami Subs Grill American Architrave International David Daszkal Northeast corner of Plaza Lane and Congress Avenue - {outparcel "A" of Boynton Lakes Plaza} Request for conditional use approval to construct a 2,934 square foot drive-through restaurant Mr. Haag made the presentation. This outparcel is to the west of Walgreen's located within Boynton Lakes Plaza. The abutting zoning districts and uses are: (1) the shopping center to the east; (2) directly north is the ingress/egress to the shopping center, and north of that is another vacant outparcel and then the Mobil Gas Station; (3) west, across Congress Avenue, is Meadows Square; (4) south of the site is Plaza Lane and a vacant parcel proposed for townhouse con- struction. Using an overlay of the site, Mr. Haag pointed out that this site was subdivided from the total shopping center. It was built as one total shopping center site; therefore, many improvements were made to this property. Parking spaces were in place. There was a curbed pad where the building was proposed. This site was sTte plan approved when the shopping center went through. They anticipated the building on this outparcel to be 3,300 square feet. This request is for a 2,934 square foot drive-through restaurant. -3- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1994 Staff reviewed this request using the standards by which conditional uses are evaluated. They are as follows: Ingress/Egress to the Site - Having been built as part of the shopping center, there is no direct access to Plaza Lane or Congress Avenue. A patron must enter the shopping center to access the site. There is an ingress/egress off Congress Avenue, and one off Plaza Lane. Through a cross-parking and cross-access easement agreement, this is acceptable. Staff is concerned that the ingress/egress near the access aisle at Plaza Lade could cause a bottleneck getting into the site because of the high traffic generated by a drive-in restaurant. Staff recommends closing the driveway and adding a landscape strip. Some parking spaces were changed to diagonal/one way to permit enough back-up space to allow 90© parking, back-up space and the drive-through. Off-Street Parking - This is a shared parking situation with the shopping center. This use, within their site, has sufficient parking spaces to support the use. However, since there is shared parking, the spaces can be used by anyone using the shopping center site. They are attempting to maintain as many spaces as possible within the site. Staff has a problem with the first diagonal parking space since an 18' back-up space is required in that area. It is possible that the first space will have to be omitted to avoid backing up into an access aisle. Refuse and Service Areas - Because of the recommendation to close the outparcel entrance near Plaza Lane, the dumpster will have to be re- located to the southwest corner of the outparcel. Public Works nas accepted the revised location, 4. Utilities - There are no comments with regard to utilities. Screening, Buffering & Landscaping - Since this site was already developed with the shopping center, the landscaping is already in place. The applicant will add foundation landscaping around the building, and hedges. The perimeter landscaping is already existing and meets Code. There is a 6' high site wall along the south property line which separ- ates this use from the proposed residential use, Signs & Exterior Lighting - The signage complies with the existing Sign Code and the sign program for the shopping center which allows the dis- play of logo. The applicant is showing a neon band around the top perimeter of the building. Staff recommends omitting this neon lighting. Staff further recommends that the neon lighting be omitted from their freestanding sign border as well as the background for the signs. Staff recommends that the background color for the signs match the color of the shopping center. 7. Setbacks - This building complies with all setback requirements for the C-3 zoning district. 4 MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1994 General Compatibility - The applicant has modified the basic design for Miami Subs. They have added features to blend with the shopping center. Those additions include a tile roof on the building, and the color of the window frame will match the window framework on the existing buildings in the center. Staff recommends that the color of the building be changed from the white which is proposed to a color matching the tones of the exterior of the main shopping center building. 9. Height of Building & Structures - They had to reduce the height of the building because of restrictions which were already in place. 10. Economic Effects - Staff feels this use will have a positive effect on the existing center and the City. 11. The applicant is conforming to the standards and requirements which apply to site plans as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. The applicant will be forced to comply with the City's compliance stan- dards or receive Code Enforcement violations. There are only three departments with some outstanding comments. Staff recom- mends approval of this project subject to all staff comments and recommenda- tions. Mr. Rosenstock stated that he is very concerned about the additional flow of traffic along Congress Avenue which will be generated by this business. He questioned whether or not the Planning and Zoning Department considered this during their review. Mr. Maag said the traffic for this particular area is well within the traffic performance standards. Mr. Rosenstock further questioned the traffic count that would come out of this particular development and said he could not support this project until he hears the numbers associated with it. Mr. Haag stated he could only provide the information which is available in the LUI for fast-food restaurants. Chairman Lehnertz reminded the members that when this was originally reviewed and approved, the outparcels were designated as restaurants. He inquired as to whether or not there was concurrency when this was master planned and platted. Mr. Haag said that is what he had made reference to. Mr. Rosenstock said he wants an assurance that was taken into consideration. Ms. Heyden advised that this project had to be reviewed against the County's traffic performance stand- ards, and based on the square footage, they are within the limit for this proj- ect. In response to Mr. Rosenstock's question, Ms. Heyden reported that a meeting was held with the applicant on Thursday afternoon when he was advised of staff's recommendations. -5- MINUTES - PLANNING AND DEVELOPNENT BOARO MEETING BOYNTON BEACH, FLORIDA SEPTENBER 13, 1994 Mr. Walsh pointed out that there is a wide variety of colors ~n the centers along Congress Avenue. He questioned why the color restrictions are being placed on this applicant in this shopping center. He feels Miami Subs' colors are what attracts people to the restaurant. Mr. Haag reported that there was a requirement in the original approval for the site plan that outparcels match the shopping center. Staff is following through with that original approval from 1990. Chairman Lehnertz also pointed out that the Planning and Development Board has attempted to make colors consistent within developments. It has not always worked, but an effort has been made to get conformance as far as colors. Mr. Golden questioned whether the Christmas lights on Cuco's are legal. Mr. Haag said those lights were approved when the project went through the process. The lights were on the plan and received approval by the Commission. Mr. Golden asked whether or not there were any design changes when Cuco's went through the Board and on to the City Commission~ Mr. Haag advised that Cuco'$ did not appear before the Planning and Development Board, but the Community Design Plan appeal did. The Board and City commisslion approved relief from the Spanish Mediterranean Design District requi.rements, but they added features which were approved. Mr. Golden questioned the f~nal approved building color for Boston's Chicken in Catalina Center. The Planning and Development Board recommended that the building color match the existing Center; however, the City Commission allowed them to change to the color gray. Mr. Golden further pointed out that the Mobil Gas Station in Boynton Lakes Plaza is white, with a white car wash. Oavld Oaszkal introduced Chris Crawford, the architect/designer, Gene Kaplan, a ~s~'ntative from Miami Subs Grill, and Rocky Goins, AG Development Group. RocKy Gotn$~ 4014 Gun N1ghwe.v, Su~t~ 260~ Tampa~ ~ said AG Development Group manages the shopping center. They are excited about the addition of Miami Subs ~nto the center. Mr. Goins said he is not familiar with the comment that outparcels must match the main shopping center. There are two outparcels on the site which do not match the main center. He will investigate this further. AG Development Group felt that Miami Subs would fit perfectly into this center because their white building matches the color scheme listed in the Code for the Mediterranean Design District. Miami Subs has made many concessions in working with the Planning and Zoning Department. The property owner has concerns about the recommendations relative to the parking space and the ingress/egress. Mr. Goins said prior to yesterday, he was unaware that the City was proposing to delete the space. It was designed by an engineer to meet City Code. He realizes that if the space does not meet Code, it must be deleted. However, if it does meet Code, it should remain. He will also investigate this further. -6- HII~JTES - PLA~IING ~ DEVELOPHEHT BOARD HEETING BOYNTOH BEACH, FLORIDA SEPTENBER 13, 1994 The ingress/egress is a very sensitive issue. There are three entrances into the center. The busiest ingress/egress is off Hypoluxo Road. Next, people heading southbound on Congress Avenue use the light to get a safe turn into the center as opposed to using the median. The traffic is funneling as planned. The second most common entrance is off Congress Avenue. During an investigation today, Mr. Goins counted a 3 to I ratio of cars entering and leaving that ingress/egress as opposed to the one on Plaza Lane. Mr. Goins reminded everyone of the concern expressed with regard to trucks blocking the access aisle. There are "no parking" signs posted in this area. He met with Walgreen's today and was advised that the City already informed the~ of their violation. They have taken measures to stop that practice immediately. Mr. Goins further reiterated to Walgreen's that the practice is unacceptable. Another concern was expressed with regard to the "hairpin" turn. It is not realistic for a car entering to do a hairpin turn. In order to protect that, "right turn only" signs can be installed. Cars entering would prefer to go through a straight thoroughfare. After getting their food, cars have a tendency of exiting through the Lclosest exit. Mr. Goins does not feel it is prudent to eliminate the ingress/egress. Mr. Goins displayed the layout of the approved site plan. The plan has five years of design. The design was approved to have ingress/egress in the loca- tion in question. During the design, two different traffic consultants showed the two entrances and exits as good traffic circulatory feasibility. Plaza Lane is not a major artery. The developers spent a great deal of money to build a deceleration lane to support the study in the design of the center. He feels it would be unfair to close off that ingress/egress at this time. Mr. Goins said there was an approved design for the dumpster location. Miami Subs has relocated the dumpster, but can only use that location if the ingress/ egress remains. Mr. Goins said he is very adamant about keeping the ingress/egress as it presently exists and was approved. It was influenced and recommended by two traffic studies. He urged consideration to keep it in place. In response to Mr. Walsh's question, Mr. Daszkal stated that approximately 35% of Miami Subs business is drive-up business. Mr. Welsh suggested eliminating the drive-through. Mr. Daszkal advised that this is an intricate part of Miami Subs' operation. Mr. Goins also pointed out that the elimination of the drive- through could lead to the loss of 35% of their revenue. This is a very expen- sive building, and the drive-through is part of their operation. Again, Mr. Goins said he had trouble understanding how the location of this drive-through would cause a bottleneck at the ingress/egress location. He feels the problem can be resolved with signage. Mr. Rosenstock asked that Mr. Crawford address the recommendations of the Planning and Zoning Department. Mr. Crawford confirmed for Mr. Rosenstock that he received the recommendations on Monday. Christopher Crawford~ Project Manager) representing AEI Architects, 2499 Glades Road, suite 209, Boca Retort, said the design of Miami Subs has been modified to be compatible with the existing shopping center. The awning was changed, the -7- NINUTE$ - PLANNING AND DEVELOPNENT BOARO MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1994 facade was lowered and barrel tile was added. It was also pointed out that this building will have glass block and the mullions on the windows will be colored blue. All of the tile details were also modified. The teal color of the mullions and the details will exactly match the color of the shopping center. The awnings were originally bubble awnings. The awnings now proposed are closer to the Mediterranean theme. The color of the awnings will blend with the shopping center. The white color which was selected for the building does meet Code and is allowed in this Design District. The pink color is also acceptable under the Code. Modifications have been made to make everything compatible and still maintain that this is a Miami Subs restaurant. These colors and the signage are the corporate identity of Miami Subs. There are 168 Miami Subs restaurants throughout Florida, all done in this color scheme. Miami Subs would like to retain that identity. The building will be heavily landscaped with palm trees which will also help it blend in with the site. With regard to the neon lighting, Miami Subs is willing to corapromise by removing the neon from the perimeter of the building; however, they would like to retain the neon around the arches. This is part of their corporate image and corporate song; therefore, it is an important issue for them. Mr. Daszkal said the neon is an intricate part of the business particularly for late night business. The neon attracts business and provides enough light for patrons to feel secure entering the building. Their advertising says, "Head for the neon lights". Mr. Crawford pointed out that this restaurant will have almost no fluorescent lighting inside and, therefore, will be less bright than other Miami Subs restaurants. Vice Chairman Dub~ reminded the members that when Walgreen's came before the Planning and Development Board, there were comments made that a tenant would be lost if certain items were not approved. He questioned what will happen if the neon is refused for Miami Subs. Mr. Daszkal had no answer at this point. They will make a decision if one becomes necessary. Mr. Crawford said there are three existing lights on the site which will provide lighting. There will be fluoresscent lighting under the awning and a few at the back door. That lighting will illuminate the translucent awnings. There are down lights on the columns which are adjustable. Mr. Walsh advised that ~e received a call from Boynton Lakes North. There are con:erns about the back lighting. Mr. Goins advised that the developer is in possession of the light photometrics for the back of the shopping center. They have three foot candles per square foot. Safety is a key and the State requires 1.5. They provide double the amount required. They use lighting which will not bounce back into the neighborhood. Mr. Goins said he recently received a few complaints about the lighting in the rear. He will be checking on that tonight. Mr. Crawford said the applicant has addressed all of the comments and made alterations. -8- H~NUTE$ - PLANNING AND DEVELOPNENT BOARD HEET]'NG BOYNTON BEACH* FLORIDA SEPTEH~ER 13, 1994 Chairman Lehnertz said he is impressed with the additional landscaping which is being included. He pointed out that the City requires 2" of mulch on new land- scaping and requested that the applicant use "Melaleuca" mulch rather than "Cypress" mulch. The applicant was agreeable. Mr. Golden explained that the applicant pointed out the problem of relocating the dumpster to the southwest corner because of the problem with the iron in the water. He wondered if the southeast corner would be an acceptable location for the dumpster if the driveway is closed. Mr. Haag said the rust elimination mechanism is against the wall and not in conflict. Staff has not pinpointed the location of the well, but they know there is a pad where the irrigation pump sits. There is also a pipe in that location for the well. Mr. Haag feels the dumpster enclosure can be fit into the location by relocating the slab where the pump sits. If the well is in the center however, it might cause a problem. Mr, Golden pointed out that if the dumpster were relocated to the southeast corner, it would create a visual barrier. He wondered if there were any other areas which would mee: Public Works criteria. Mr, Crawford said placing the dumpster in that location would be inappropriate since it is the introduction to the shopping center. They would have to break the pad and move it. The pump sits right next to the pad. If the driveway were closed, they could flip it and place it and possibly gain two parking spaces. Mr. Weigle inquired whether or not neon lighting violates City Codes. Mr. Haag responded negatively, and confirmed that according to Code, they can have all of the neon lighting they requested. Mr, Weigle inquired whether or not the parking space in question violates the Code. Mr. Haag ~e~ponded affirmatively. Mr. Weigle inquired whether the neon in the sign would violate the Code. Mr. Haag responded negatively and said these were aesthetic concerns. Ur. Weigle confirmed with Mr. Haag that white and pink are colors allowed in the Mediterranean Design DiStrict. Mr. Crawford said the sign is a s~mbot of Miami Subs and having it modified to any other color would require it to be custom made since the signs are already made up by a local sign company. The signs meet the City's Sign Codes. Mr. Rosenstock pointed out that although Miami Subs has a logo, other large cor- porations have changed their logos to suit coordination colors and design sizes required by cities. Mr. Crawford said McDonald's has reduced the size of their arches, but they have not changed the color of the arches. Mr. Weigle said although Cuco's has a totally different color scheme than the remainder of the shopping center and it looks more like Spanish architecture than the rest of the center. Chairman Lehnertz recalled a requirement in the parking lot regulations with regard to a entrance throat into shopping centers. Mr. Haag pointed out that it is a 100' throat for major driveways. Mr. Haag said there was a variance for -g- HINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA SEPTEHBER 13, 1994 the driveways at this site, but he was not certain if there was a variance for this particular driveway. Mr. Naag was certain the driveway on Hypoluxo Road received a variance because it does not meet the 100' requirement. Ms. Hoyden said there was no variance for this driveway since it is not a major driveway. H~rlo $chles$1nger~ 19232 Cloister Lake Lane, Boca~~ said he will be building the last~ing units in Boynton Lakes Nor{h. He is concerned because Plaza Lane is a residential street which will experience a great deal of traffic movement due to the type of business associated with a drive-through restaurant. He also expressed concern with bothersome lighting for the neigh- boring community. When vehicles exit the site, they will illuminate the homes. Neon lighting creates a great deal of light which will upset the neighbors in the evening when they are trying to rest. Mr. Schlessinger expressed concern about the additional noise of cars and people involved in this business. Mr. Haag confirmed for Mr. Golden that the site lighting for this project is existing. The applicant is not proposing an additional site lighting. I)avidPetka, of 9873 Lawrence Road, is a six-year resident of Boynton Beach, and an attorney. --~e supports this project and sees nothing wrong with the proposed colors or neon lighting. In fact, he feels the neon would enhance the look of the community. He further pointed out that there Ks a hodgepodge of colors up and down Congress Avenue, and he sees no reason to single out the applicant for needing a particular color. Gene~ 6300 NW31st Avenue~ Ft. Lauderdale~ is the DirecTor of Construction a--~-A~-Ehitecture for Miami SUbs Corporation. He said many things are happening with Miami Subs to make the corporation identifiable while not harming anything outsida of the building. With regard to lighting, Miami Subs has subdued the lighting in the dining rooms by removing all of the fluorescent lighting. This has toned down the windows. Site plans are sent to Atlanta, Georgia for computerization and placement of poles and lighting to force the lighting into the building rather than out of it. This will allow the neon to be toned down. The neon lighting and design of the building make it identifi- able. This is one of 168 Miami Subs restaurants saturating Florida, some other states and South America. The corporate identity needs to be consistent so that people can recogn:ize it. With outer lighting being dinected at the building, it will subdue the neon. He explained that generally, neon reflects light. With the outer lighting being properly handled, the burning rays will be removed from the neon. Mr. Rosenstock asked Mr. Kaplan to address the closure of the ingress/egress. Mr. Kaplan advised that the applicant is spending $1 million on this project which will employ forty (40) people. In order to see a return on the invest- ment, everything is important. It is highly improbable that everyone will be entering and leaving from one point. There have been no accidents or problems at 168 restaurants. The staff works very hard to make the projects liveable and workable because they hope the purchaser will do another project in the future. Mr. Kaplan requested consideration from the Board in keeping the cotor white and the neon. Neither item is offensive and the neon will not offend the neighbors or the neighborhood. - 10- MINUTES - PLANNING AND DEVELOPHENT BOARD NEE'TING BOYNTON BEACH, FLORIDA SEPTEHBER 13, 1994 Vice Chairman Dub6 announced that he received a phone call from Boynton Lakes North with regard to this project. No one from the community was able to attend this evening, but they object strongly to the driveway because they use the road and are afraid of the back up of vehicles entering and leaving that point. They object to the white color of the building and the neon lighting. THERE WAS NO ONE ELSE WHO WISHED TO SPEAK AT THE PUBLIC HEARING. In response to Mr. Rosenstock's question, Ms. Hoyden said even after everything she heard this evening, she still feels strongly about the recommendation to close that ingress/egress. That recommendation was based on staff trying to do whatever is possible to alleviate the traffic at the intersection. There was a fatality in this area several months ago. The City tried to work with the County to close the median and divert people to a "U" turn at the intersection. tt was decided to keep the intersection open. Staff does not feel this entrance is absolutely necessary. With regard to the compatibility of colors of the shopping center, Ms. Hoyden said the Mobil outparcel had been an outparcel for years before the shopping center was defined, It was not considered an outparcet to the shopping center. In 1990, when the center was approved, there was a condition on the site plan approval that the outparcels match the shopping center. This is the basis for staff's recommendation. Mr. Kaplan said he has learned that compromise works best. He believes this can be reworked. They can attempt to review and reconfigure in order to come up with amore idealistic means of entering the project. Safety and control is important. Chairman Lehnertz suggested that the architect work in conjunction with the Planning and Zoning Department prior to the City Commissio~ meeting. This Boar~ does not have the expertise or jurisdiction to rework the site plan. In response to a question from Mr. Weigle, Mr. Kaplan said Miami Subs would like to maintain the proposal they put forth with regard to the neon. They are work- ing to redirect the light so that the neon will not be offensive. He requested consideration from the Board in leaving the neon lighting as presented. He will do everything possible to help the driveway situation. Mr. Walsh said his major concern is the traffic and its implications. It is more important to save a life than to worry about a neon tube. Mr. Golden feels this use is generally consistent for the site. He agrees with staff's comments regarding access with the exception of the dumpster. He feels it should be relocated to the eastern portion of the property. With regard to the color scheme, the applicant's proposal, with the exception of neon, is general!y consistent withsurrounding buildings as well as the Mediterranean Design scheme. Further, he feels the City does not have a clear policy on how to handle these outparcels, He referred to the Boston Chicken restaurant in Catalina Center and realized that the City CommilSsion allowed the tenants in the outparcels to express their corporate design. - 11 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1994 Chairman Lehnertz does not have a problem with the colors of the building since they fall within the Mediterranean Design Plan. He is a little concerned with the condition which says outparcels are to be consistent with the main center. He feels there has been a problem with being consistent. Every time an exclu- sion is given, it makes it more difficult to be consistent in the future. There is no logic to allowing a bad decision to be made just because a bad decision was made in the past. Chairman Lehnertz is pleased with the fact that the applicant will make the trim correspond to the rest of the ceoter. He has problems with the neon, but in the spirit of compromise, limiting the neon to the arches could be a liveable solution. He does not feel the applicant should change the sign or remove the neon from it. The sign could be internally lit and provide enough of a signature so that it can be recognized. Chairman Lehnertz explained that no one knows how this will look until it is built, tf it was realized how the Christmas tree lights would have looked on Cuco's, he Cs certain they would not have been approved, The Board approved the Blockbuster shopping center with the yellow awnings. No one realized how garish they would look until they were installed. Another situation is the Waffle House. It was approved by the Board and City Commission after a great deal of compromise. The Waffle House is up and does not appear as it was expected. Chairman Lehnertz would prefer to act with caution rather than wind up with something garish. He believes.a compromise is possibl'e Which will be acceptable to the City and still fit Miami Subs' image. Mr. Weigle said that he perceived the Waffle House exactly as it turned out. most issues, the buildings come out as he perceives them. Perhaps that is because this is his field. On Mr. Golden moved to recommend conditional use approval for the Miami Subs Grill submitted by American Architrave International for David Daszkal for conditional use approval for a 2.934 square foot drive-through restaurant subject to staff comments allowing the color scheme proposed by the applicant, deleting the neon lighting including the sign as well as the building and relocating the dumpster to the eastern portion of the site, and all other staff comments. Vice Chairman Dub~ seconded the motion. Chairman Lehnertz requested that the motion include that the landscape plan specify Melaleuca mulch. Mr. Golden and Vice Chairman Dub~ agreed to this addition. Mr. Weigle feels this motion is excessively restrictive to the applicant. The applicants have submitted a fine design. He does not believe the neon is an issue because it is a physical physics problem. When you shine light upon light, it cancels itself out. The driveway has been in these plans for years and to be restricted now and to make a change now when the site, which is already approved by the City Commission, is laid out, is not only restrictive, but is not right or correct. He will not support this motion. In response to a question from Mr. Golden, Mr. Weigle said he was referring to the driveway into the outparcel. - 12 - HINUTES - PLANNING AND DEVELOPNENT BOARD HEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1994 Chairman Lehnertz pointed out that conditional use approvals are subject to the City Code of Ordinances, but one of the things this Board has historically done is gone beyond strict requirements and had to look at aesthetics and how the proposals will affect the City, the surrounding area, and residents in general. The motion carried 5-2. (Mr. Weigle and Ms. Frazier cast the dissenting votes.) Ms. Heyden referred to Items II-l.a through d on Page 12 of the staff report and clarified that the motion included keeping the tile as shown on the elevation submitted by the applicant. B. SUBDIVISIONS HASTER PLAN NODIFICATIONS Project Name: Owner: Location: Description: Woolbright Place PUD Howard R. Scharlin, as Trustee SW 8th Street, approximately 1,4D0 feet north of Woolbright Road Request for modifications to the approved master plan to include revised access points off SW 8th Street and Morton's Way, a phasing plan, subdivided multi-family parcels and a landscape buffer and set- backs between the subdivided parcels. Ms. Heyden made the presentation. Richard Wolfarth, agent for Howard Scharlin, truStee/Property owner of the Woolbright Place PUD, has made this request. The modifications are a result of last month's exception to platting where three parcels were created out of the multi-family pod. The modifications consist of five changes as follows: Redistribution of the 320 multi-family units approved within Pods 1 and 2. There are a total of 640 multi-family units within these Pods. These units are being redistributed into Pod 2A and 2B and a Pod ! of 14 acres showing 90 multi-family units. 2. A phasing plan in which Pod 2A will be constructed first. There is a site plan approval for this POd On tonight's agenda. Shifting of the two access points to the two multi-family pods to create one access point 608 feet north of Morton's Way to the 23.87 acre parcel and one access point 1,328 feet north of Morton's Way to the 14 acre parcel. Creation of a 20' wide landscaped buffer between the 33.87 acre parcel and the 14 acre parcel. The width of the buffer will be split between the two parcels. 5. Establishment of a building setback of 40' between the 33.87 acre parcel and the 14 acre parcel. - 13 - MINUTES -'PLANNIHG AND DEVELOPMENT BOARD MEETING BOYNTOH BEACH, FLORIDA SEPTEMBER 13, 1994 The Technical Review Committee recommended to the City Commission a finding of no substantial change for the changes requested subject to staff comments. This request was heard by the City Commission for a finding of no substantial change. When this went to the City Commission on August 16, 1994, they made a finding of no substantial change and included all staff comments with the exception of Planning and Zoning DePartment comments regarding the landscape buffer and the portion of the comment regarding the terms of the parks and recreation agreement which the City entered into with Tradewinds when the plat was approved. With regard to the buffer, the City Commission is allowing the 20' wide landscape buffer to be split between the two parcels, They stipulated that the buffer shall be bermed and have a 5' high chain-link fence with a Ficus hedge on both sides. Additionally, trees will be planted. With regard to the parks and recreation agreement, the City Commission is requiring that the issue of payment be resolved prior to the site plan approval which Ss scheduled tonight and next Tuesda~v before the City Commission. The applicant proposes to pay the $'60,000 which is owed to the City at the time of issuance of building permits or January 10, 1995, whichever comes first. This proposal must be considered by the Board and the City Commission. Mr. Rosenstock requested clarification on the parks and recreation agreement. Ms. Heyden explained that the agreement required the payment to be made at least one year ago. The Commission was apprised of this situation during the presen- tation of the exception to platting. The City Commission made a decision to enforce the terms of the agreement at the time of site plan approval. The developer is aware of the fact that the City wants this money upfront, The developer will address this issue this evening. With regard to the landscape buffer, Mr, Golden questioned whether or not there are any requirements with regard to plantings in the buffer. Chairman Lehnertz pointed out that the City Commission has specified that the buffer will be 20' wide and landscaped with Ficus. He feels the Board has no say in this situation. Ms. Heyden advised that if the Board members recommend something else to the City Commission, they should be very careful because this project was subject to a Court Order. She further felt that if the Board strongly objects to something, it is possible for the City Commission to reverse its decision. Richard Wohlfarth, CCL Consultant$~ 220 Park Central Boulevard North, Pompano Beach, thanked the s-~ff for working"~-Tth the~.. ~ applicant is in agreement with all comments which were extended, and with the comments raised and approved by the City Commission. With regard to the buffer, the applicant is attempting to provide a visual and physical barrier. This is the reason for the request for the 5' chain link fence as well as the Ficus hedge. This type of hedge grows very quickly and will be maintained to provide the visual barrier and to prevent people from going from the multi-family site to the 14 acre property. Regarding the park, there was a great deal of debate. The developer has acknowledged that the $60,000 is payable to the City and has requested that the payment be made not later than January 10, 1995, or at the time of first - 14 - MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOyNTON BEACH, FLORIDA SEPTEHBER 13, 1994 building permit, whichever comes first. He feels the payment will be made in January given the process the applicant will be going through. As of today, the developer has acknowledged that payment is due to the City, and at a time cer- tain. Mr. Wohlfarth is hopeful the City Commission will accept this proposal from the developer. Although a Ficus hedge will grow very rapidly, Chairman Lehnertz suggested using native alternatives which would work as well, and grow as thickly and almost as rapidly as the Ficus. He recommended a Florida Privet or Coco Plum. Mr. Wohlfarth requested an opportunity to work with staff during the process with regard to species. Ne pointed out that e~eryone is attempting to work with xeriscape as much as possible, but if it is deemed to be unusable by either side, that it be an option along with the Ficus. Vice Chairman DubA asked whether there will be two homeowners' associations with a master association for this development. Mr. Wohlfarth said the multi-family is a rental project which wit1 be maintained by an overall association. There is a potential that there could be a single-family project, but tonight's master plan is for the multi-family project. Vice Chairman Dub~ explained that if there are two different maintenance companies, one side could be growing, while the other side is not. Problems may arise regarding who should maintain the heage. A master association, cutting and maintaining totally, would eliminate any problem. Mr. Wohlfarth said that with regard to the maintenance of the face of the hedge on the multi-family site will be maintained by Trammell Crow and its subsidiaries. Regarding the topping of the hedge, he committed to topping the entire hedge at the same time. Mr. Golden moved to recommend approval of themaster plan modification for the Woolbright Place PUD submitted by Howard Scharlin, Trustee, for modifications to the approved master plan to include revised access points off SW 8th Street and Morton's Way, a phasing plan, subdivided multi-.family parcels and a landscape buffer and setbacks between the subdivided parcels, subject to staff comments. Vice Chairman Dub~ seconded the motion, which carried unanimously. EXCEPTION TO PLATTIHG (Agenda materials for this request will be distri- buted at the meeting. A complete application has not yet been received.) Project Name: Owner: Agent: Location: Description: The Vtntn9$ at Bonn[on Beach Howard Scharlin, Trustee Richard Wolfarth, CCL Consultants, Inc. Northeast corner of SW 8th Street and Morton's Way Request to further subdivide Tract C, the undevelooed multi-family/duplex designed parcel of Woolbright Place Plat No. 1, by splitting the 33.87 acre parcel into two parcels. This application was withdrawn by the applicant and, therefore, it was deleted earlier in the meeting. - 15 - HINUTES - PLANNING AND DEVELOPHENT BOARD HE~ING BOYNTON BEACH, FLORIDA SEPTEHBER 13, 1994 SITE PLANS HEW SITE PLAN 1. Project Name: Agent: Owners: Location: Description: The Vlnlngs at Boynton Beach and The Vlnlng$ II at Boynton Beach CCL Consultants, Inc. Howard R. Scharlin, as Trustee East side of SW 8th Street, approximately 1,400 feet north of Woolbright Road. Request for site plan approval to construct 548 apartments with associated recreational amenities and signage on 33.87 acres. Mr. Hang made the presentation. This is broken down into two phases. The southern portion would be Phase I and include 252 apartment units and a total of eleven (11) buildings. Phase II will have 296 units and a total of 12 build- ings. Regarding the surrounding zoning districts, to the north is single-family residential zoned R-lA; to the east is the railroad right-of-way and an M-1 zoning district; to the south is Morton's Way and the PCD where Home Depot is located; and to the west is SW 8th Street, a church site and a drainage lake within Woolbright Place. This is an undeveloped piece of property where multi-story buildings are pro- posed. The maximum overall height will be 40'-i". Concurrency for this project is based on a Court Order and it will be met. There is only one ingress/egress to the site off SW 8th Street. There are possible areas for emergency access off Morton's Way. Security gates are proposed for the project with a divided median entrance. The site will be heavily populated with trees. They have created a perimeter with trees and shrubs. The Landscape Code requires founda- tion landscaping around the building which is shown on the site plan. There are recreational amenities which include a leasing office, pool area, pool deck, tennis courts, barbeque areas, and ch!ldren's play area. Both phases will have five recreational amenities. Ther6.)wlll be 90° parking. Phase I will self- support itself for parking. Every apartment unit will have two parking spaces. There are surplus p~rking spaces'abpge the two per unit in Phase II. This is a Planned Unit Development (PUD) an~ ~hey have established setbacks at 40'. They are trying to compl~ with a 20' separation between buildings. This project is not in a Community Design District. The building is a tan color with contrasting dark green trim for the handrails and stairway. The signage includes a project entrance sign along SW 8th Street on either side of the entrance way. There will be many signs throughout the site which have a forest green pole and sandblasted coral stone fi.nish. Staff reviewed the request for this large project. There are comments from every department with the exception of the Police Department. Mr. Haag reported that the Planning and Zoning Department h~s a recommendation in addition to its comments. That recommendation is that if there is any signage which they are not showing which they have discussed with staff, staff would like the latitude to approve those signs administratively rather than to modify the sign program and bring them back before the Board. These signs would have to meet the Sign Code and blend in with the colors shown. - 18 - NINUTES - PLANNZNG AND DEVELOPNENT BOARD MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1994 Alt hough there were staff comments from all departments, staff recommends approval of the project. Showing compliance with the comments will not substantially affect the concept of what they are doing. These are technical comments and staff does not believe there is anything involved which will significantly change the design. In response to Mr. Walsh's question, Mr. Haag advised that neither the Police or Fire Departments had a problem with the single entrance road, Mr. Weigle questioned whether these buildings are being built to 1988 Codes or current Codes because of the Court Order. Mr. Haag stated that in the past, Mr. Morton has worked with the Building Department to meet the current building code requirements. Mr. Morton said everything which is public safety will be addressed as to the latest issues. Mr. Rosenstock referred to Pages i0, 11 and 12 of the staff report ant asked for assurances that those comments will be complied with. Mr. Haag advised that if this Board recommends approval subject to staff comments, and the City Commis- sion does the same, then all comments will be complied with at building permit time. Mr. Rosenstock questioned whether or not the applicant has indicated he intends to comply with all comments. Mr. Haag said the only issue of concern at present is the mailbox issue. During a meeting with the applicant last week, Mr. Haag did not feel there were any objections to any comment other than #7i of his staff report. Ms, Heyden clarified this issue with the applicant tonight. Chairman Lehnertz referred to Paragraph 3 of Page 20 of the staff report which was Recreation & Park Memorandum #94-215 from Charles Frederick to Jim Cherof, dated June 9, 1994, concer~ing the Tradewinds draft agreement. Ms. Heyden explained that the City ha's been working with Mr. Morton to revise the Stipulation Agreement. A number of issues have arisen which the City thought were clear and after putting them to the test, they are not clear. We are working on this. Mr. Rosenstock recommended that this Board either approve or disapprove this and let the City Commission decide whether or not it is complied with. Chairman Lehnertz stated he is interested in anything which is environmental. He is interested in what is contained in Item #4 of Mr. Frederick's memorandum. Mr. Morton said that about eight months ago, at a City Commission meeting, they voted to have the Mayor meet with the developers, City Attorney Cherof and City Manager Miller to work out some open issues which had been presented to the City Commission. They came up with solutions to problems both sides had in trying to get answers to unanswered questions in the Settlement Agreement. A draft of that proposal was prepared by Attorney Cherof and there is still one issue the developer is attempting to work on. That is the reason why it has not yet been brought back to the City Commission for final approval. They are almost completed and it should go back for final approval very soon. Item #4 is one of the items in the agreement. Richard Wohlfarth said they are in agreement with staff's comments with regard ~p~on. At this point, he wished to clarify a few items. - 17 - HINUTE$ - PLANNING AND DEVELOPHEHT BOARD HEETING BOYNTON BEACH, FLORIDA SEPTEHBER 13, 1994 Regarding the location of the mailboxes, traditionally they are located in the breezeway areas. The applicant would like to leave them in that location, but that is subject to Post Office approval. If the Post Office requires a kiosk type system, they will modify accordingly. With regard to Item 7i, it is his understanding that when the 20' buffer is constructed, the timing will be either the first CO of Phase II multi-family, or first CO of the construction of the 14 acre parcel, whichever comes first. They will comply with that condition. Regarding Pages 10, 11 and 12 of the staff report, the developer is substantial- ly in agreement with staff comments with some qualification. On sidewalks, in this type of project, a good circulation plan for the residents to get around the property to the activities is provided. As to external circulation, there is a sidewalk planned on 8th Street. With regard to any other connections, they will comply with all requirements in the City Codes as they relate to sidewalks. Mr. Rosenstock recommended that the developer consider building paths for people to walk along to keep them off the road. He feels this is to the benefit of the developer. Mr. Wohlfarth stated that the developer was nodding in agreement and will consider this suggestion. Chairman Lehnertz stated that he has had a long and varied history with this project. One of the things that came to mind was a site plan Mr. Morton brought before this Boa rd and the City Commission a while back. There are significant areas within this project which are scrub upland habitat which is an acquifer rechange area and is very scarce within Palm Beach County. Mr. Morton did an exceptional job of laying out where all the areas containing Scrub Pine and Live Oak were located. He used overlays to work the buildings around the existing trees. He pointed out that that is not obvious on these plans. He feels everything on this property will be cleared out, and then the developer will go back in and replant. The City Forester had deemed certain trees to be pre- served. He questioned whether or not the developer has considered this situation. Mr. Haag explained that there were sites on the old site plans which were pre- served. Mr. Hallahan is working with the applicant. The landscaping shown on this plan is all new. Chairman Lehnertz feels this is one of the worst things to do from an environmental standpoint. Betting Scherer of Trammell ~ said a tree survey was done recently. There are 144 Slash Pi~'~s~o-~-~ Sabal Palm. The Sabal Palm will be relocated on the railroad section. The Slash Pines are not protected trees. Because of the size and location and the changes in foundations planned, they probably would not survive. They feel a better plan has been provided with the species planned. The City Forester reviewed it, accepted it and has no further comments. Chairman Lehnertz said he had met with people from Mr. Morton's office who did a great deal of work on identifying clusters of Slash Pines and working around them. He is disappointed with this proposal. - 18 - HIHUTE$ - PLANHIHG AND DEVELOPHEHT BOARD HEETZNG BOYNTOH BEACH, FLORIDA SEPTEMBER 13, lg94 Chris Wheeler~ partner~n Tr,~r~el~ Crow, said the customer will pay to look out the window and see a lake. They don't want to see sand and Scrub Oak. Mr. Wheeler said he is an adamant environmentalist, but in this case, where it is a for-profit development and the customer wants water, not Scrub Oak, an economic decision was made to build that. They nave chosen to redeploy their profits in terms of environmental contributions to mitigate what is done in these cases. Chairman Lehnertz advised that he has been told there is a viable population of Scrub Jays on the site. Ms. Scherer said they have spoken with Fish and Game, Ms. Heyden and Attorney Cherof to confirm that there were no outstanding environmental issues. She wrote to Fish and Game, who responded that there was nothing of concern on the site. Mr. Morton advised that back in 1990, gopher tortoises were relocated to a suitable habitat. Chairman Lehnertz said he has not been on the site because of "No Trespassing" signs, but he has been told by people who were on the site doing surveys, that there are gopher tortoises on the northern part of the site. He recommended this situation be investigated concurrent with this development. Mr, Morton said he possesses a letter which released the site from gopher tor- toises. They are not aware of any new tortoises. With regard to the plants and trees, Chairman Lehnertz made a recommendation that the 248 Black Olive trees be replaced with native species which would pro- vide the same shade and caDopy and not be so invasive. He recommended increasing the number of Live Oaks, planting Paradise trees, Gumbo Limbos. He further pointed out that the 25 Ficus trees are invasive trees and on the list of concerned species. The Ficus hedge could be replaced with Coco Plum or Florida Privet. He noted that none of the ground cover proposed is of a native variety and recommended replacing it with native vegetation. Mr..Wheeler appreciated the comments on native species, but pointed out that it wou)d be difficult to obtain the amount of native species needed for a site of this size, and to pay the cost of Live Oaks compared to Shady Lady or Black Olives. The only inv~sive species are the 25 Ficus and the Black Olives. If it is possible to get Coco Plums for the right price, they will replace the Ficus hedge. He explained that it~might be difficult to buy .1,600 shrubs of a native species. He said he would do whatever he can to get as much native material on the site as possible. However, he further pointed out 'that the customers do not want to look at native materials. They like an exotic look. It is important to satisfy those customers or they will not rent the units. He will discuss this with his Landscape Architect. Chairman Lehnertz said he has a problem with an applicant saying, "I understand your concern and will do the best I can". To him, that means the applicant can say he did his best, but the end result will be exactly what is on the plan. Mr. Wheeler said he will comply with everything the Code requires and he will give his best efforts on those issues not in the Code book. Mr. Rosenstock suggested Chairman Lehnertz make the motion since he feels so strongly about his recommendations. - 19 - HINUTE$ - PLANHING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA SEPTEMBER 13, 1994 Norton Chairman Lehnertz passed the gavel and moved that we recommend to the City Con~nission that the site plan for the Vinings at Boynton Beach and the Vinings II at Boynton Beach by CCL Consultants, being a request for site plan approval to construct 548 apartments with associated recreational amenities and signage on 33.87 acres be approved subject to sll staff comments with the exception of the Planning and Zoning Department's comment 7i which has been changed to be done on the first CO. Further, he stipulated that the Black Olive trees and Ficus trees be replaced by native species and the Ficus shrubs along the buffer be replaced with a native species of shrub. Mr. Rose,nstock said the residents want instant landscaping when they rent. They want what will grow the fastest and give the best canopy and coverage. He sees nothing wrong with some Black Olives. He recommended giving the developer some leeway. Chairman Lehnertz amended his motion to require that half of the Black Olive trees (124 trees), the Ficus trees and the Ficus shrub be replaced with native species. Mr. Rosenstock said that in his community, the Ficus trees are the biggest problem existing. They are removing every Ficus tree in the community. Mr. Walsh seconded the motion. Mr. Rosenstock recommended voting for the motion, and the developer should give serious thought with complying because it is to his benefit. The developer is making a mistake putting a Ficus hedge in the middle of the development if only for maintenance purposes, Vice Chairman Dub~ said the same problem exists in his community; however, he has a problem with the motion since he is a developer and a general contractor. As such, he feels this motion is too restrictive. This motion is mandating the developer to do certain things. Chairman Lehnertz said the plan lists 248 Black Olives. His suggestion to make that 124 of another species should not be very detrimental. There are 25 Ficus trees, and replacing thom should not be a hardship. There are 1,600 Ficus hedges, He is willing to modify the motion to make half of those hedges a native shrub. This is the buffer between the multi-family and the single-family projects. Chairman Lehnertz amended the motion so that rather than replacing all of the Ficus hedge, only the Ficus hedge along the buffer between this parcel and the 64 acre parcel should be ithe native hedge and allow them to do whatever they want with the remainder. Mr. Rosenstock felt this was a much more reasonable request. Mr. Walsh agreed with the amendment to the motion. Mr. Haag questioned whether or not Chairman Lehnertz was concerned with Item 7h on Page 22 of the staff report. Ms. Scherer said they are concerned with Items Th, and 7i as they all relate to the 20' landscape divider between the t4 acre parcel and this parcel. Ms. Scherer then corrected her statement to advise that "h" is acceptable. - 20 - HINUTES - PLANNING AND DEVELOPHENT BOARD HE£TII~ BOYNTOH BEACH, FLORIDA SEPTEHBER 13, 1994 Mr. Wheeler said the purpose of the Ficus trees is to achieve instant impact. He routinely removes one-third of the Ficus trees on every project he deals with every year. Mr. Wheeler said he knows the 25 Ficus trees will number 15 in two years, and in two more years they witt be eight, and in four years, they will be gone. He needs them on the site for the instant impact. He asked that con- sideration be given to their past track record on thirty-five projects. They are removed for the reasons stated, but it is economically feasible to include them for instant impact. This is the reason why there are only 25 Ficus trees on 33 acres. The Coco Plum is a reasonable com~romise and it is not an issue. Mr. Rosenstock would like to see the property developed and said he supports the developer. However, he feels the developer should consider the concerns of the Board members. He does not believe there is a big outlay of fuads involved to investigate this issue to see what can be done about it. Mr. Wheeler agreed, but requested that the Board allow the 25 Ficus trees. Chairman Lehnertz said this site, prior to this developer coming in, was rated by the County as an A1 environmental site. It was a prime site in the County for a native habitat. It still contains native scrub habitat. There is only 2% to 3% of the original upland scrub habitat left in Palm Beach County. Chairman Lehnertz feels the Board is asking the developer to compromise. He does not see where 25 Ficus trees should make any difference on the viability of this proj- ect. Mr. Rosenstock pointed out that the developer has agreed to put in the Coco Plums and give the other trees requested. He will eventually have to remove the Ficus trees. He recommended the Board give a little more. The City Commission has the final say om approval of this project. Chairman Lehnertz modified the motion to delete the request to delete the 25 Ficus trees. Mr. Walsh seconded this motion. Chairman Lehnertz clarified that the motion is to approve, subject to all staff comments with the exception of Item 7i, which will be done at the first CO of either Phase II or Phase C, to substitute native species for half the Black Olives and to substitute native species for the Ficus shrubs along the buffer between the 33 acre and the 14 acre parcels. The motion carried unanimously. Vice Chairman Dub~ requested that the minutes reflect the fact that the repre- sentatives present have agreed to the changes. D. TI~E EXTENSION 1. Project Name: ..... Agent: Owner: ~ : Location: Description: Bo~n~on Lakes PUD Plet 5 - Best Homes Robert G. Comerlinck Real Estate Recovery, Inc. Resolution Trust Corporation Congress Avenue at Plaza Lane, southeast corner Request for an additional one-year time extension to site plan approval, concurrency exemption and construction of required improvements. - 21 - 1,4INUTE$ - PLANNIIqG AND DEVELOPHEHT BOARD NEETZHG BOYNTON BEACH, FLORIDA SEPTEHBER 13, 1994 Ms. Heyden made the presentation. If approved, this request would extend the expiration of the site plan to October 15, 1995, and would exempt the project from all of the City's concurrency levels of service and allow the applicant to con~lete construction of the remaining infrastructure by October 15, 1995. Since the 1991 approval of the site plan, the property went into receivership. In February of 1994, the City Commission approved a time extension for eight months only until October 15, 1994. There were conditions attached to that approval. Some of the conditions have been complied with, and others have not. Those conditions are carried over as staff comments as part of this project. Many of the required infrastructure improvements are in place such as streets, street lights, utilities and sidewalks. The construction ceased just prior to the City accepting some of the required improvements. This is a project which is near completion. It is a townhouse project which cannot be designed for any other type of use without major demolition. In staff's opinion, a great deal of effort .has been made toward completion of the project, and they recommend the request be granted through October 15, 1995 subject to two comments. One comment is from the Engineering Department regarding the submittal of surety and a cost estimate for the remaining infra- s~uctu,re improvements; and the other comment is from the Utilities Department with regard to the payment of reservation fees. Mr. Schlessinger informed Ms. Heyden at the beginning of the meeting that he has contacted Lennar who is interested in selling their six lots to Mr. Schlessinger. This will result in a unified project. Mo~lon Mr. Golden moved to recommend approval of the time extension for Boynton Lakes PUD Plat 5 Best Homes submitted by Robert Comerlinck for an additional one-year time extension to site plan approval, concurrency exemption and construction of the required improvements, subject to staff comments. Mr. Weigle seconded the motion, which carried unanimously. COHI~IENTS BY HEHBER$ Ms. Heyden advised that it is now time to renew the susbscription of the Planning Commissioners Journal. We are currently receiving six subscriptions. The cost is $32 for the first subscription and $5 for each additional subscrip- tion. If each member subscribes, the cost will be $8.DD per subscription. Ms. Heyden circulated a sign-up sheet. Mr. Rosenstock referred back to the Miami Subs application and pointed out that the developer only received staff comments on Monday. He felt that did not pro- vide enough time for him to properly address the comments. Ms. Heyden advised that staff met with the applicant on the Thursday afternoon to review every comment. - 22 - HINUTE$ - PLANNING AND DEVELOPHENT BOARD NEET]'HG BOYIqTON BEACH:, FLORZDA SEPTEHBER 13, 1994 Mr. Walsh recommended having everyone in the audience ~dentify themselves. After some discussion, a decision was made to continue carrying on the meeting as in the past. Having people in the audience identify themselves would be a problem. ADJOURNHENT There being no further business to come before the Board, the meeting properly adjourned at 10:45 p.m. Recording SeCretary (Four Tapes) - 23 -