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Minutes 05-10-94MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, HAY 10, 1994, AT 7.'00 P, M, PRESENT Stanley Dube, Vice Chairman Paul Davis Jim Golden Richard Gram Bradley Weigle Pat Frazier, Alternate ABSENT Gary Lehnertz, Chairman (Excused) Daniel Winters, Alternate (Excused) Tambri Heyden, Planning and Zoning Director Mike Haag, Zoning and Site Development Administrator Leonard Rubin, Assistant City Attorney 1. PLEDGE OF ALLEGIANCE Vice Chairman Dube called the meeting to order at 7:00 P. M. and the Pledge of Allegiance to the Flag was recited. 2, INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Vice Chairman Dube welcomed two ladies from Leadership Boynton and introduced the Board members and the Assistant City Attorney. 4, APPROVAL OF MINUTES - April 12, 1994 On page 7, Mr. Golden corrected the third paragraph from the bottom. He stated that it was not he who questioned the size of the staff, Mr. Davis advised that he questioned the size of staff. On page 10, Mr. Golden advised that he did not make the motion. Vice Chairman Dube stated that he made that motion. Mr. Golden asked that the third paragraph on page t5 be clarified to read, "In response to Mr. Weigle's inquiry, Mr. Golden confirmed that the motion includes staff comments." Motion Mr. Golden moved to approve the minJtes of the April 12, 1994 meeting as amended. Mr. Weigle seconded the motion, which carried 6-0. 3, AGENDA APPROVAL Ms. Heyden advised that she received a request to table Item 7.B.2. - I MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTOM BEACH, FLORIDA HAY 10, 1994 Motion Mr. Davis moved to approve the agenda as amended. Mr. Gram seconded the motion, which cairried 6-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A, Report from the Planning and Zoning Department 1) Final disposlton of last month's agenda items Ms. Heyden reported that the Adult Care Residence of Boynton Beach, Inc. f/k/a Praxis ACLF was approved by the City Commission, including the Board's recommen- dations regarding the Australian Pines~ The Quail Run Villas landscape appeal was also approved. This Board made a determination to yield to the City Attorney regarding whether it was in the best interest of the City to accept deed restrictions or landscape easements. The City Attorney decided that landscape easements would be the better option. The Community Design Plan appeal for the Adult Care Residence was unanimously approved. The City Commission concurred with this Board's decison to allow an addition to meet the design of the existing building. Boston Chicken was postponed and then at last Tuesday's meeting, the City Commission decided to approve it with the grey color. The color of the striped awnings was changed to black, white, and rose. The Quail Run Villas site plan was also approved. 6. OLD BUSINESS A, PUblic Hearing Parking Lot Variance 1. Project Name: Boynton Festive Center Agent: McMillen Development, Inc. Owner: Great Western Bank Location: Northwest corner of Congress Avenue and Old Boynton Road Description: Request for relief from Article X - Parking Lots, Section 5-142(h)(5) - Distance from a right-of-way line to the intersection of an interior access aisle Mr. Haag stated that there is a parking lot variance, a landscape appeal and a site plan for the same property. The applicant started the process with the City in February, 1993 and asked for a postponement until March. In March, he asked for a postponement until tonight because of some modifications to the -2- HINUTE$ - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BERCH, FLORIDA NAY 10, 1994 site. Mr. Haag displayed an overlay of the original site plan proposed in February and the modified site plan. He stated that the variance before the Board this evening is the same variance that was before the Board in February. The variance is for the parking lot ordinance, parking regulations, and specifi- cally for driveways. The distance from the right-of-way to the first parking space or the f~rst access aisle should be 100 feet. The applicant is asking for the distance to be reduced to 79 feet. On April 26, 1994, the Technical Review Committee reviewed this request ano unanimously recommended approval. Mr. Golden asked what the Technical Review Committee base~ their recommendation on on. Mr. Haag advised that their recommendation was based on the fact that the previous submittal was for a much more severe condition. Mr, Golden felt it was an improvement from the previous situation, Ne asked if the Technical Review Committee discussed any cond4tions regarding signage and traffic control move- ment. Mr. Haag stated that the signage would be addressed during permit review. Mr. Golden asked if vehicles would be allowed to turn left from the west access aisle. Mr. Haag answered affirmatively. Mr. Golden felt this would, create traffic congestion. He wondered why the Police Departmen~ suggested having two ingress aisles. Vice Chairman Dube thought two ingresSais)es might reqieve traffic coming into the site. Mr. Davis noticed a stop sign for traffic coming from the north, but did not notice one for traffic coming from the west. Mr. Haag stated that this would be addressed during permit review by the Engineering Department. Mr, Davis asked if drainage has been evaluated. Mr. Haag answered affirma- tively. He advised that the site plan comments and permit comments would have to be complied with in order to meet the concurrency requirements for drainage. Attorney Jill Jarkesy represented McMillen Development, Inc. She addressed the comment made by the Police Department. She advised that the reason there is one ingress and two egress aisles is because those are !Palm Beach County Department of Transportation requirements. There has to be minimum distances between access points onto roads and, therefore, we ca,no: have a wider access there. She stated that the purpose of this variance is for good traffic cir- culation in front of the main building.. On the:east side of this traffic way, the one hundred foot requirement is exceeded, The variance is for the west side, which is only eleven feet shy of what is required. No one in the audience wished to speak on this matter. If approved, Mr. Golden would like the approval conditioned upon providing a "no left turn" sign at the egress aisle to avoid complicating traffic patterns. Mr. Davis wondered if this would force traffic out onto Boynton Beach Boulevard. Mr. Golden did not think so, He pointed out that there is a connector between that access aisle and the one adjacent to Boynton Beach Boulevard. Therefore, people would be able to turn right at that point and move back around inside the *Boynton Beach Boulevard should r-ea3d-Old Boynton Road. HZNUTES - PLAHHZNG AND DEVELOPHENT BOARD HEETZHG BOYNTON BEACH, FLORIDA HAY I0, 1994 shopping center. In response to Vice Chairman Dube, Mr, Haag advised that this condition could be made to this variance or to the site plan. Mr. Haag pointed out that most of people going that way would more than likely be exiting the shopping center. Mr. Golden stated that if someone trys to turn left there when traffic is congested, traffic would be backed up behind that person, impeding the smooth exiting movement on the shopping center. Ms. Jarkesy felt this would be forcing people out onto Boynton Beach Boulevard when perhaps they want to go to the restaurant or bank, She felt it would cause mone ~raffic problems. However, she was willing to, have the traffic engineer study this. Mr. Golden pointed out that vehicles could move around within the shopping center without having to go onto the street. At this point in the meeting, Vice Chairman Dube recognized Commissioner David Katz in the audience. ** Mr. Bradley moved to grant the reouest for relief from Article X, Parking Lots, Section 5-142(h)(5), distance from a right-of-way line to the intersection of an interior access aisle, for the Boynton Festive Center. Mr. Gram seconded the --~ motion, which carried 6-0. B. Administrative Appe~l Landscape Code 1. Project Name: Agent: Owner: Location: Description: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road Request for relief from Article II - Landscape Code, Sections 7.5-35(d) and (e) - Interior lot line and right-of-way landscaping Mr. Haag advised that Sections 7.5-35(di) and (e) deal with the screening of the vehicle use area. A continuous hedge i~ required along the property line to screen the vehicle use area. The hedgeimust be eighteen inches in height at planting and two feet on center. The applicant is requesting cross access and cross parking. Mr. Haag advised that the other appeal lis for the landscaping along Congress Avenue. He referred to the utility easement and stated that the Utilities Department has requested that no trees be planted in this easement. This forces the applicant to either widen the landscape strip to put the trees outside the easement, or request a variance. To mitigate the loss of the trees, the appli- cant has created seven landscape island~ with one tree on each island. The - 4 - *Boynton Beach Boulevard should read Old Boynton Road. **Mr. Bradley should read Mr. Weigle. MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA HAY 10, 1994 correct number of trees is being provided; however, they are not in the right location. Widening the landscape islands would jeopardize the parking spaces. Staff recon~nends approval of this variance, subject to receipt of a cross access agreement defining the cross access points and the proper backup for the parking spaces. Mr. Golden asked why the applicant did not agree to provide additional land- scaping along Congress Avenue. Mr. Haag advised that this involves widening the landscape strip to at least twenty feet and pushing everything back. tn addi- tion, parking spaces would be lost. Mr. Weigle questioned why the Utilities Department allowed the planting of the trees near Office Max but not at the Boynton Festive Center. Mr. Haag advised that the Utilities Department has recently adopted a new policy. They now allow Palm trees to be planted in easements. He confirmed for Mr. Weigle that this applicant may now plant Palm trees in the easement. Ms. Jarkesy stated that the applicant was not aware that he was permitted to plant anything in the utility easement. Hence, the parking lot was redesigned to provide seven medians. She stated that that overall landscape on the plans exceeds code requirements. Ms. Davis pointed out that there is more parking than the code requires and asked why the applicant is not able to widen the landscape median. Ms. Jarkesy advised that an entire row of parking spaces would be lost if the landscape median is wqdened. Mr, Haag stated that staff would be willing to work with the applicant to put in Palm trees. In response to Deputy City Engineer Vincent Finizio, Mr. Haag advised that the hedge material will stay in place to meet the code standards. With regard to the deletion of trees in utility easements, Mr. Finizio said he is an opponent of such action because we are going to eventually end up with no trees anywhere due to the presence of utility easements. He felt that during the site plan processs, utility easements should be placed in locations that are not going to be occupied by landscaping because we need to beautify our com- munity rather than detract from it. Motion Mr. Weigle moved to approve the applicant's request for relief from Article II, Landscape Code, Sections 7.5-35(d) and (e), interior lot tine and right-of-way landscaping, subject to Staff comments. Mr. Golden seconded the motion, which carried 6-0. -5- NINUTES - PLANNING AND DEVELOPMENT BOARD HEETING BOYNTON BEACH, FLORIDA HAY 10, 1994 Site Plan New Site Plan Project Name: Agent: Owner: Location: Desc ri pti on: Boynton Festive Center McMillen Development, Inc. Great Western Bank Northwest corner of Congress Avenue and Old Boynton Road Request for site plan approval to construct a 104,018 square foot retail center with two {2) leased outparcels Mr. Haag reviewed the Staff Report in detail. With regard to the existing site characteristics, Mr. Haag advised that a recent site plan was turned in but the Forester has not had a chance to review it. Therefore, the Foresterls comments may have been addressed. Mr. Haag advised that this is a vacant piece of prop- erty with some viable vegetation. Ne stated that the alignment problem has been corrected on the new site plan. With regard to concurrency, Mr. Naag stated that drainage will come into compliance during permit review. With regard to the Community Design Plan, Mr. Haag advised that two required features are missing. Since the applicant did not ask for an appeal, Mr. Haag imagines those features will show up on the permit documents. With regard to the signage, Hr. Haag advised that no signage is shown and that the applicant has requested that the signage be reviewed with the permit docu- ments. Staff recommends approval of this request, subject to the Building Department receiving amended permit plans for the project, showing compliance with staff comments and the applicable City of Boynton Beach Code of Ordinances. Mr. Golden noticed that the elevations are incomplete on the main building and thelre are no restaurant elevations. He also noticed a lack of sign details. He asked if these will be resolved at the time of permitting or would they come back before this Board. Mr. Haag felt staff would be able to deal with the incomplete elevations for the main building at permit time. He requested site plan approval and recommended that the elevations for the other buildings be eva~uated by staff once they come in. He further recommended that the signage come~ back before this Board. In response to Mr. Davis with regard to the landscape pods in the parking tot, Mr. Haag advised that there are no specifications in the Landscape Code. r~ Mr. Golden referred to the comment in Utilities Memorandum #94-194 regarding the conflicts between water mains, sanitary sewer mains, and storm sewers. He asked [~. how this will be resolved. Mr. Haag stated that the Utilities Department merely -6- HINUTE$ - PLANNIHGAHD DEVELOPHENT BOARD HEETING BOYNTONBEACH~ FLORID~ 1994 made this comment to advise the applicant that Palm Beach County Health Department Standards have to be met. In response to Ms. Jarkesy, Mr. Haag stated that staff is recommending that the applicant return to this Board and the City Commission to show them the sign program, which would have to meet the specifications listed in the sign code. Ms. Jarkesy stated that the elevations on the main building are substantially complete. She requested site plan approval on the entire site, with the option of coming back only for elevation review if the footprint of the two outparcels is not changed. Ms. Heyden stated that the plan could potentially not meet code and recommended that a site plan review be required for the outparcel buildings. However, she agreed thst conceptual approval could be given for the entire site plan this evening. Vice Chairman Dube explained the problems with signs being individually approved. Ms. Jarkesy proposes to return with both signs at the same time. Mr. Finizio referred to item number 3 on page 9 of the Engineering Department memorandum. He stated that Mr. McMillen was informed of the need to install street lights on Old Boynton rights-of-way along the entire length of the prop- erty. Mr. McMillen agreed to pay a fee, which has not yet been received. Mr. Finizio asked that if a motion is made, it be conditioned upon receipt of the street lighting fee prior to receipt of Building Department application. Ms. Jarkesy agreed to pay the fee prior to submission for Building permit. In response to Mr. Davis, Mr. Finizio stated that the plan, from a conceptual standpoint, is acceptable. However, any notes and comments on the plans are not binding upon City staff until such time as the applicant submits for permit and staff reviews it. He stated that full installation of a drainage system will be requested if staff thinks it is in the best interest of the c~unity from a safety Standpoint. Mr. Davis asked if the western half of the property will be cleared and left vacant. Ms. Jarkesy stated that the applicant plans to clear the entire site at one time and develop the western part of the site plan first. Mr. Davis asked what will happen to the undeveloped portion. Ms. Jarkesy hopes to be back before this Board in six weeks or so. She anticipates developing it all at the same time. Mr. Finizio stated that the City's Comprehensive Plan requires that if the entire site is cleared, construction must commence, and blowing sand must be controlled by seeding and mulching so that it does not become a nuisance. In response to Vice Chairman Dube, Ms. Jarkesy advised that the applicant is in final negotiations with the retail tenants and has been negotiating with the restaurant outparcels; however, nothing is finalized. -7- HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA HAY 10, 1994 Mr. Golden pointed out that there are extra parking spaces and he felt it would be desirable to have an island every ten spaces. In looking at the overall plan, Mr. Davis was glad to see that the alignment of the driveways is much nicer than it was in the previous proposal. However, he was disturbed by the large expanses of blacktop. He pointed out that there are seventy-four extra parking spaces and preferred to add more landscaping pods to each aisle. He also felt that it would improve the aesthetic appearance if some Palm trees were added to the front elevations of the buildings. Douglas McMillen stated that he may lose tenants if he loses parking spaces. He advised that he has been negotiating for a year with two national chain restau- rants. Mr. Davis stated that there are enough trees around the restaurants. He wished to see more landscaping around' the large retail areas. Mr. McMillen stated that the two national retail tenants have a minimum code of five parking spaces per thousand feet. He pointed out that he already provided more land- scaping than required. Mr. Golden stated that when the restaurants peak in the evening, the bank will not be in u~se and those parking spaces can be utilized. Mr. McMillen stated that pedestrians do not like to walk across major driveways, especially at night. He stated that there is a cross agreement with the bank; however, he was hoping to use it only during Christmas and Thanksgiving. Vice Chairman Dube felt that this plan is much better than the previously sub- mitred plan. Mr. Golden moved to approve the request submitted by McMillen Development for site plan approval for Boynton Festive Center to construct a 104,018 square foot retail center with two leased outparcels, deleting Police Department comment number 3 about the initial ingress aisle at Old Boynton Road, and modifying com- ment number 3 of the Engineering Department memo to make the applicant pay the lighting fee prior to submittal of the first Building permit. He also moved that staff evaluate the feasibility for a "no left turn" sign as discussed. Mr. Gram seconded the motion. Mr. Davis asked for the motion to be amended to add a minimum of three internal landscape pods for each access aisle that has more than twenty parking spaces. Mr. Golden and Mr. Gram agreed to this amendment. Mr. Weigle stated that he is not against the site plan approval; however, he is against the way the motion stands at this point. The motion failed 3-3. Vice Chairman Dube, Mr. Weigle, and Mr. Gram voted against the motion. Mr. Weigle moved to approve this request, subject to all staff corm~ents, including the Engineering Department's comment regarding the lighting fee being -8- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA HAY 10, 1994 paid prior to the submission of the first Building permit application. He further moved to recommend that the builder and staff look into the possibility of providing extra landscape pods, as well as $ignage at the entrance. He furthermoved to delete Police Department comment number 3. Mr. Gram seconded the motion. In response to Mr. Davis regarding the signage, Mr. Weigle clarified that his motion included the recommendation that the developer and staff look into the feasibility of installing a ',no left turn" sign. The motion carried 4-2. Mr. Golden and Mr. Davis cast the dissenting votes. 7, NEWBUSINESS A, Subdivision Prellmlnar~ Plat Project Name: Agent: Owner: Description: Qua11 Run Villas a/k/a Qua11 Lake West PUD Phases II and III John Wheeler, Caulfield & Wheeler Engel Homes Request preliminary plat and construction plan ap- proval for 176 townhouse lots, infrastructure and amenities Mr. Finizio stated that the plans were reviewed by the Technical Review Committee and were found to be in a substantial state of technical compliance. However, there are a number of issues that have not yet been resolved by the developer. With regard to the landscape plan for Woolbright Road, the developer is pretty much responsible for landscaping the existing median with trees and hedges to beautify the community. The Utilities~Department determined that the plan is not acceptable because of the existence of utilities. The City Forester and the Engineering Department are in full support of the original landscape plan. Mr. Finizio stated that there are many off site improvements, which the devel- oper seems to believe the original Master Association is capable of maintaining. Yet, no such language is set forth on the plat; nor does the City have verifica- tion from the Master Association that they intend to maintain these improve- ments. Mr. Finizio explained that the problem is that if there is no mainten- ance language on the face of the dedication sheet, the City has no way to enforce the maintenance of the landscaping. Staff has suggested that the off site improvements, which may or may not be part of this plat, be listed as a separate exhibit, attached to the plat document, and described on the face of the dedication sheet. The developer has offered an alternative suggestion which is that he would like to enter into an separate agreement with the City, agreeing to maintain. Mr. Finizio said he wrote the developer a letter, giving him the option of going to the City Attorney. Mr. Finizio has not yet received a response from either the developer or the City Attorney. Mr. Finizio stated -9- H~NUTES - PLANNIHG AHD DEVELOPHENT BOARD HEETZNG BOYNTON BEACH, FLORIDA HAY 10, 1994 that we would like to protect the future residents by guaranteeing maintenance through proper dedication language. Mr. Finizo stated that staff will still have the right, prior to final approval by the City Commission, to ask the developer to fine tune it if we need to ele- vate the level of code compliance, based upon whatever this Board and the City Commission determines. If this project is approved, Mr. Finizio asked that spe- cific language be in place to compel the developer to so perform as he described relative to the dedication sheet and the other off site improvements. Mr. Weigte asked what City Code says about landscaping the medians. Mr. Finizio advised that it holds for trees. Mr. Weigle asked if the con~ents of the Utilities Department go against the Code. Mr. Fin~zio stated that they go against staff comments generated by the City Forester. Mr. Weigle asked if the Code calls for trees. Mr. Finizio indicated the Code calls for trees within the public rights-of-way. He said the Utilities Department is merely recommending that no trees be installed. Mr. Haag referred to the Utilities Department's new policy of allowing Palm trees. Mr. Golden asked if the requirement for the landscape medians is still a Comprehensive Plan policy. Mr. Finizio answered affirmatively. Vice Chairman Dube recalled that everything would be a maintenance easement except the footprint of the building and the driveway. Mr. Finizio stated that durSng the landscape appeal, the City Attorney ruled that the restrictive cove- nant$ documents for the association were insufficient to enforce and that he wanted easements for those issues. Mr. Finizio stated that he is saying the same thing about the off site improvements. He wants clear language that says this entity maintains it in perpetuity without recourse to the City. Mike Covelli of Caulfield & Wheeler represented Engel Homes. He stated that the developer has moved ahead with due diligence. He said there is a comment in the Comprehensive Plan, but that there is nothing in the zoning code that requires the medians and the landscaping. With regard to responsibility of the maintenance, Mr. Covelli advised that any pervious area on the plat will be maintained by the Association. He stated that the City is asking him to put language on a plat for property that is not covered by the plat and that this is a violation of State Statutes. He said he cannot reference something on the plat that is not within the hard line limits of that plat. He stated that the applicant has been cooperative and has provided extra landscaping. The master plan has been revised two or three times. He felt responsibility for main- tenance needs to be addressed as a Master Association issue and cannot be tied into this plat. He stated that there are areas outside the limits of this plat. He was not trying to shirk responsibility. He has attempted to contact the City Attorney four times and has been unable to reach him. He would like to do the maintenance agreement in a fashio~ that is legally enforceable. - l0 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MAY 10, 1994 Mr. Finizio explained that the project was platted as one large parcel of land with a number of tracts and then phased. He felt that the responsibility for maintenance is being shifted to innocent citizens. He felt Mr. Bidwell's com- pany is the developer and stated that they are utilizing the lakes to discharge stormwater drainage and they have agreed to buffer their property. Therefore, it goes beyond just what is on the plat. Mr. Finizio suggested letting the City Attorney resolve this matter. However, if the Board feels maintenance needs to be guaranteed, he would like them to express that in the motion. Mr. Finizio advised that pursuant to Code, this Board must establish a fair market value for the property to determine the amount the developer has to pay the C~ty in lieu of dedicating land. The developer claims he purchased the property for approximateIy$2,000,O00. According to staff's calculations, the deveToper will owe the City $29,695.50. Mr. Covelli agreed to pay that amount. In response to Mr. Davis, Mr. Finizio stated that the original plat document for the first boundary plat alludes to the fact that adjacent and abutting property attri,b~tes to the maintenance. However, it is not Certain whether Enge)~ Homes is now the Master Association or not. Mr. Corelli stated that he will sign and agree to any amendments or new agreements in order to make sure the Master Association documents very clearly reflect that the maintenance of all the landscape areas are done in perpetuity. He said he just needs time to get with staff and the City Attorney. Notion Mr. Golden moved to recommend approval of the preliminary plat submitted by John WheeZier !for Quail Run Villas, Phases II and III, for the construction plan for 176 ~ow~house lots, infrastructure and amenities, subject to staff con~nents. Mr. Gram seconded the motion. Mr. Weigle referred to page 3, number 1 of Engineering Department Memorandum No. 94-131 and wondered if this Board should be making a recommendation to the City Comm~Ssiion rega:rding the landscape plan. Mr. Golden felt that some technical issues eXist, SUCh as species, root systems, etc., and that it would be more appropriate for staff to resolve this issue. He expressed concern regarding making a recommendation that may create a problem for the Utilities Department. Mr. Weigle wOuld like to amend the motion to accept the landscape plan as pro- posed by the developer. Mr. Golden felt this was something staff should work out. Mr. Haag again referred to the new recent policy estalished by the Utilities Department and Was willing to work with the applicant and Engineering Department. Mr. Golden was willing to amend his motion to state that the developer and staff collaborate within the confines of the Utilities Department policy to come up withsomething that is aesthetic but meets their criteria too. - 11 - HTH~E$ - PLAHH]'HG ~FID DEVELOPHEHT BOARD HEET]HG BOYNTON BEACH, FLOR DA KAY I0, 1994 In response to Mr, Davis, Mr. Finizio said the Utilities Department indicated there could be staggered Palms with shallow roots as long as they were not placed over utility lines. Mr. Finizio felt that is limiting and makes no effort toward beautification. Mr. Davis asked if the concern is having vegetation in the way in case there is a break or having vegetation causing a break. Mr. Finizio thinks the Utilities Department is worried about having to remove trees if there is a break. Mr. Golden withdrew his motion. Mr. Gram withdrew his second. Xotlon Mr. Weigle moved to approve the preliminary plat and construction plan for Quail Run Villas PUD subject to staff comments and recommend that the City accept the landscape plan as submitted by the developer. Mr. Gram seconded the motion. Mr. Golden commented that he is in favor of the approval; however, he wants to make sure that staff's concerns are met regarding the landscaping. The motion carried 6-0. Ho~lon Mr. Davis moved to approve the recommendation of the Technical Review Committee and staff to accept the fair market value of $74,239 per acre, resulting in a fee in the amount of $29,695.60 in lieu of land dedication. Mr. Weigle seconded the motion, which carried 6-0. B. Time Extensions Project Name: Agent: Location: Description: Nolan Sims, Racetrac Northwest corner of Woolbright Road and S. W. 8th Street Request for a one year time extension to site plan approval Mr. Haag stated that the original site plan was approved on April 20, 1993. On April 4, 1994, the applicant requested an extension because some power poles are obstructing construction and have to be removed. Mr. Haag advised that this extension has been processed in a timely manner. The Concurrency Review Board met on April 26, 1994 and recommended approval of the one year extension, subject to the original conditions that the City Commission placed on this site, and subject to the site plan comments and this Board's com- ments. The two conditions that were attached to this project by the City Commission were relocating the dumpster and adding some landscaping into the drainage area. The Building Department still has an active permit for this project and is waiting for the power poles to be removed. Florida Power and Light is in the process of removing the trees. - 12 - NINUTE$ - PLAHNZNG AND DEVELOPNENT BOAED NEETING BOYNTON BEACH, FLOEIDA NAY 10, 1994 Ms. Frazier asked if there will be any vehicle repairs on this site. Mr. Hang indicated that there will not be any vehicle repairs. Notion Mr. Golden moved to recommend approval of the request from Nolan Sims for the retroactive and one year time extension for construction, required improvements and concurrency exemption for the Racetrac site plan. Mr. Davis seconded the motion, which carried 6-0. Project Name: Agent: Location: Description: Lawrence Leke a/k/a Lake George Estates Sonja Martin - Morgan, Tindus Investments, Inc. East side of Lawrence Road, approximately 600 feet north of Gateway Boulevard Request for a retroactive and a one year time exten- sion for construction of required improvements and concurrency exemption This item was tabled. 8, CONNEHT$ BY NENBERS The members congratulated Ms. Heyden on her appointment as Planning and Zoning Director. 9, ADOOURNHEHT There being no further business to come before the Board, the meeting properly adjourned at g:15 P. M. Eve Eubanks Recording Secretary (Two Tapes) - 13 -