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Minutes 04-12-94MINUTES OF THE PLANNING AND DEVELOPMENT BOARD MEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 12, 1994, AT 7:OO PRESENT Gary Lehnertz Paul Davis Stanley Dub~ Jim Golden Richard Gram Bradley Weigle Pat Frazier, Alternate Tambri Heyden, Acting Planning Director James Cherof, City Attorney ABSENT Ken Johnson (Excused) PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:00 p.m., and led the Pledge of Allegiance to the Flag. INTRODUCTION OF MAYOR~ COMMISSIONERS AND BOARD MEMBERS Chairman Lehnertz introduced the members of the Board and City Attorney Cherof. No City Commissioners were present in the audience. APPROVAL OF MINUTES Motion Mr. Dub~ moved to accept the minutes as submitted. Mr. Weigle seconded the motion, which carried unanimously. AGENDA APPROVAL Motion Mr. Weigle moved to accept the agenda as presented. Mr. Dub~ seconded the motion, which carried unanimously. COMMUNICATIONS AND ANNOUNCEMENTS A. RepOrt from the Planning and Zoning Department I. Final Disposition of Last Month's Agenda Items Tambri Heyden, Acting Planning and Zoning Director, advised that during the Public Audience portion of the City Commission meeting, a member of the audience pointed out the importance of staff providing proper introductions so that everyOne knows the identity of the person speaking. At last month's meeting, the Board reviewed three (3) items, two (2) of which were consistency reviews. The consistency reviews were for the proposed boat canopy ordinance, and an ordinance to amend the Tree Preservation Ordinance. The other item reviewed was the high school at Quantum Park. - 1 - HINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 Boat Canopies The City Commission agreed with the Board's recommendation and decided the Ordinance was unnecessary. It is possible that an Ordinance will be drafted which will specifically prohibit boat canopies. Tree Preservation Ordinance Mr. Davis' language with regard to listing specific species was incorporated into the Ordinance following the Board meeting. The City Commission decided to increase the threshold from one- half acre to two acres. This means no permit is required for clearing of property under two acres. High School The City Commission unanimously approved this item, and it will go back before the Con~ission for secono reading on April 19th. Three (3) issues were raised relative to the approval. When the traffic information was submitted, Treasure Coast indicated the high school would pose a level se~rvice problem on Gateway Boulevard west of 1-95. They recommended an internal connector be provided to solve that problem. Quantum Park is proPosing that they be permitted to evaluate the feasibility of an internal connector. Th~s problem will be worked out. A traffic light is being required regardless of whether or not it is warranted at the intersection of Gateway and Park Ridge Boulevards. The cost of the traffic signal will be shared among the City, the County and the school. This traffic signal will be operated only during school hours. Staff received Department of Community Affairs (DCA) comments prior to the City Commission meeting which related to language to revise the master plan. This relates to the fact that between the Board meeting and the City Commission meeting, the school expressed interest in purchasing two (2) additional lots. In order to accommodate them and include an option on the two (2) additional lots, the master plan was revised. DCA wants language included to cover that in the future. B. Filing of Quarterly Report for Site Plan Waivers and Minor Site Plan Modifications Chairman Lehnertz realized that this Quarterly Report served an informational purpose for the Board members. There were no questions or comments from mem- bers, and Ms. Heyden confirmed that no Board action was required. -2- NINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON Chairman Lehnertz opened nominations for Chairperson. NOmination Mr. Golden nominated Mr. Lehnertz as Chairperson. Mr. Davis seconded the nomi- nation. Notion Mr. Dub~ moved to close the nominations for Chairperson. Mr. Weigte seconded the motion, Which carried unanimously. The nomination of Mr. Lehnertz as Chairperson was voted on and carried unani- mously. Chairman Lehnertz opened the nominations for Vice Chairperson. NOmination Mr. Weigle nominated Mr. Dub~ aS ViCe Chairperson. Mr. Davis seconded the nomi- nation. The nomination was voted on and carried unanimously. OLD BUSINESS (Since the following three (3) items were tabled until the May 10, 1994 meeting, they remain on the table.) Ms. Heyden reminded the members that correspondence had been received last month from the applicant requesting a two-month time extension, These three (3) items will remain on the table until the next Board meeting. A. PUBLIC HEARING PARKING LOT VARIANCE 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 X - Parking Lots, Section 5-142(h)(5) - Distance from a right-of-way line to the intersection of an interior access aisle. B. ADMINISTRATIVE APPEAL LANDSCAPE CODE Project Name: Agent: Owner: Boynton Festive Center McMilten Develo.oment, Inc. Great Western Bank -3- MINUTES - PLA.NNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 Location: Description: Northwest corner of Congress Avenue and Old Boynton Road Request for relief from Article II - Landscape Code,'Section 7.5-3§(d) & (e) - Interior lot line and right-of-way land- scaping. C. SITE PLAN NEW SITE PLAN 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 site plan approval to construct a ~15,000 square foot retail center includ- ing two {2) leased outparcel buildings. NEW BUSINESS A. PUBLIC HEARING ABANDONMENT Project: Owner: Location: Description: S.W. 3rd Street City of Boynton Beach S.W. 3rd Street, immediately south of Woolbright Road Request for abandonment of the portion of the west one-half of S.W. 3rd Street that abuts 1613 S.W. 3rd Street Ms. Heyden made the presentation and advised that the request involves the aban- donment of the west half of this 50' wide, improved right-of-way. Ms. Heyden further explained that the Conditional Use request is to increase the density (number of beds). Staff recommends denial of this request for two reasons: Correspondence was received from the various utility companies which include Southern Bell, Florida Power & Light, and the City's Utilities Department, which require the dedication of an easement if the abandonment is approved in order to cover the area of abandonment; and this street is adjacent to Little League Park and it is used for access to that park and for overflow parking on the grass. The Recreation and Parks Department feels the abandonment would limit their opportunities for future redevelopment of the park. At this point, Chairman Lehnertz agreed that the Conditional Use application could be discussed since both applications are related, and both require a public hearing. -4- H~NUTE$ - PLANNING AND DEVELOPHENT BOARD ~ETING BOYNTON BEACH~ FLORZDA APRIL 12, 1994 CONDITIONAL USE 2. Project: Own er: Location: Description: Adu)t Care Residence of Boynton Beach, Inc. (fka Praxis ACLF) Carl Lindner I613 S.W. 3rd Street Request for an amended conditional use approval to construct a 1,747 square foot addition and increase the density of the existing adult congre- gate livi~ng facility by three (3) beds. Mike Haag made the presentation and advised that the abandonment request would assist permitting additional beds into the ACLF. This facility is located off Woolbright Road. Since S.W. 3rd Street is blocked off, no access is available in that particular location. However, there is a path through the Park and Cemetery which allows entrance into the site. There is also access off Seacrest Boulevard. On June 18, 1985, the City;Commission: approved the Conditional Use to allow a thirty-two (32) bed ACLF at this location. There will be no modifications to the parking lot or other areas except for the addition of native specie landscape materials. The proposed addition to the building will resemble the existing building. Within this new addition there will be an administrative office, a visitation area, and some additional beds. The surrounding land uses include single-family residential homes across Woolbright Road, Little League Park to the east, High Point West to the south, and the 1-95 interchange to the west. TKe City Commission is required to evaluate standards for Conditional Uses. Mr. H~ag reviewed these standards for the members. This project meets those stand- ards. There were no staff probl-ems with this request; therefore, staff recommends approval of this project. Mr. Haag's only concern was related to the Community Design Plan which will be discussed later this evening. Chairman Lehnertz questioned the correlation of the Conditional Use request and the Abandonment request. Mr. Haag explained that the abandonment request is independent of the Conditional Use. Mr. Davis referred to Page 3 of the plans showing the porch and fill to be added west of the porch. He questioned whether this meets ADA standards, and remarked that it appears the slope of the fill is substantially steeper than that which already exists. Mr. Haag explained that this item will be addressed during the permitting process when the working drawings will be reviewed. Mr. Gram asked for clarification on whether or not the density is affected by the abandonment. Mr. Haag said the Conditional Use request is to add three (3) beds in the 1,700+ square foot addition. Th~ applicant is attempting to gain the abandonment in order to increase that number to thirty-nine (39) beds. Chairman Lehnertz noted that although the application states there will be an addition of three (3) beds, the plan depicts four (4) beds. Mr. Haag advised the applicant and the design professional made corrections to control sets of plans. HINUTE$ - PLAHNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 Chairman Lehnertz recognized the presence in the audience of Commissioner Katz. Mr. Golden confirmed that there is frontage available on S.W. 3rd Street south of where they are requesting the abandonment. In response to his question regarding the disposition of the east half of the right-of-way, Mr. Golden was informed that section would remain with the City. Carl Ltndner) ownerof~ 1613 ~3rd Street, thanked staff for the cooper- ation he ~has reCeiVed. He explained that the addition will house an administra- tive office, a visitation room, three additional beds and a medical examination room. This facility haS been in operation for ten years and has greatly con- tributed to the community and the City. Mr. Lindner explained that he only requires one half of one half of the abandon- ment. In 1985, Mr. Lindnerwas asked by the City tp put in a 5' sidewalk and grass area to be dedicated to the City. He maintains that area and will con- tinue to do so. Mr. Weigt~e asked for clarification on the number of beds at this facility, Mr. Lindner explained that he is entitled to thirty-five (35) beds plus one respite. He would like to increase that to thirty-eight (38) and one respite. Mr. Lindner advised that he does not have the ground available for any more than the thirty-eight beds and one respite, His request is that the City count the 15' from his property to the pavement for density purposes. He has no intention of interferring with the playground or traffic and S.W. 3rd Street will never be opened to Woolbright Road. Vince Finizio, Deputy City Engineer, said the abandonment would affect City's Codes as far as future application. The Engineering Department is concerned that granting this abandonment and allowing the developer to use the land as part of the gross land area may set a precedent Where future developers want to utilize City rights-of-way to increase their gross land area. Further, after visiting the site during a "baseball night", it became obvious that cars utilize the grass area the entire length of S.W. 3rd Street. It is not possible for the CitY to build new parkinglots, and once this right-of-way is given away, the City will not be able to revert that action. Vice Chairman Dub~ pointed Out that the Board could recommend approval of the Conditional Use request, and deny the abandonment. Gene Scholze~ 445 North Boulevard~ APt? B, has lived in High Point since 1978. ~'adult ca're'facility h'as been a good neighbor. He questioned why he only received the notices for the variance and Conditional Use, and not the abandon- ment. Ms. Heyden explained that there is no Code requirement to notify adjacent property owners except thOse who abut the right-of-way. Mr, Scholze said there is a tremendous amount of traffic which passes through a non-legal access to S.W. 3rd Street when baseball games take place. The signing states "No Thru Traffic'!, but the signs are ignored. The public has no access to High Point at the south entrance. The only way they enter is where S.W. 3rd terminates at 23rd. Within the last two months, there was a vehicular accident and two residents' vehicles were severely damaged, There are numerous trucks which supply the facility. The addition will increase the size of the staff of the facility causing more congestion. The residents of High Point are concerned that a future accident may involve a human life. -6- MINUTES - PLANNING AND DEVELOPMENT BOARD HEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 Mr. Scholze also stated that compaction of the soil was required when the origi- nal building was constructed. The vibrations from the compaction unit resulted in cracks in the walls of some of the units at High Point. He questioned whether or not this compaction will be necessary again. Hr. Finizio explained that if the Building Official requires subsurface tests of the soil, and it is found that the soils are loose, a geotechnical may require compaction. Mr. Scholze also requested assurances from the City that there will be no exterior speakers on the new addition, and spoke of the possibility of a future recycling station at the north end of S.W. 3rd. Jose h Det~ey, of 19~ SW Golf Lane~ represented ~O~n . -- r== . himself as an owner of a unit in High Point, Adrien Hart of 360 Bay Boulevard, and his wife who owns unit 360D, and two other residents, owning 330A and 330C, for whom he has limited Power of Attorney. He advised thatwhen this original proposal surfaced, he tried to convince the owners at High Point to purchase the property for a small park because he anticipated this current situation. He spoke of the poor condi- tion of 3rd Street because of the amount of traffic. Mr. Delaney said people bought in High Point because they wanted a quiet life. At this point, there is ver~ heavy traffic which goes through their community to get to the nursing home. Many of the drivers abuse the 15 mph speed limit. He feels if that side road is closed o~f, drivers will be traveling through the private roads of High Point unless tee ~th~r end of 3rd is opened. The current path of travel is a hazard for the CEildre~ at the playground and it is very dangerous for the people of High Point. Mr. Weigle questioned whether S.W. 3nd Street is a private street. He was advised by Mr. Haag that it is a Cit~ street, but this particular site can only be accessed by way of private stree~ to the City street. The use of the pri- vate streets could be stopped if the residents wish to do that. Mr. Haag clarified that in I985, this facility was approved for thirty-two (22) beds and one (1) respite bed. This request will take the facility from thirty- two (32) to thirty-five (25) beds. In response to Mr. Davis' question, Mr. Finizio stated that the expansion of the facility is not of the magnitude to warrant a traffic impact analysis. He feels the normal exit traffic pattern would be toward Woolbright Road. Mr. Golden questioned the size of the staff. Mr. Lindner sai~ there are twenty- three full and part-time employees. There will be no increase in staff, and no additional truck deliveries. At this point, Mr. Lindner stated that he was never comfortable with the proce- dure for abandonment and asked that his request be withdrawn. He asked that the Board only consider his request for the additional three (3) beds. In response to Vice Chairman Dub~'s question regarding whether or not the Board should vote on the abandonment, Attorney Cherof advised that if Mr. Lindner is formally and unconditionally withdrawing his request, then the matter is not before the Board. Mr. Lindner formally withdrew his application for abandon- ment. -7- MINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 The Board returned to considering the Conditional Use application. Mr. Golden asked for clarification on the swale area. Mr. Finizio explained that the swale area has deteriorated over the years. He will meet with Mr. Lindner to discuss restoring the swale to its former condition. Chairman Lehnertz advised that when he viewed the site, he became aware of a number of Australian Pines in the southwest part of the site. These trees are very tall and could present a danger to the existing residences to the south. Chairman Lehnertz would like the motion to include a recoFFmendation for removal of these Australian Pines. Mr. Haag confirmed that the Board could include their removal as part of the nmtion. In response to Mr. Davis' question, Mr. Haag advised that the Code requirement for native species is only for the required landscape material. That landscape material is only around the vehicle use area. Mr. Davis suggested that the Acacia be eliminated and replaced with another native species. Mr. Lindner had no objections and agreed to accept whatever recommendations are proposed by the Board. Mr. Golden moved to recommend approval of the Praxis Adult Care residence sub- mitted by Cart Lindner, the request to amend the Conditional Use approval to construct a t,747 square foot addition and increase the density of the existing adult congregate living facility by three (3) beds, subject to staff comments including the comments made by Messrs. Davis and Lehnertz regarding the tree species and Australian Pine removal. Mr. Dub~ seconded the motion, which carried unanimously. At this point in the meeting, Chairman Lehnertz suggested moving up Item C-2, Community Design Plan for the Adult Care Residence of Boynton Beach, Inc. Motion Vice Chairman Dub~ moved to reopen the Agenda Approval to move Community Design Plan #2, Project - Adult Care Residence of Boynton Beach, Inc. in front of B-t, Subdivisions. Mr. Golden seconded the motion, which carried unanimously. COMMUNITY DESIGN PLAN C. 2. Project: Owner: Location: Description: Adult Care Residence of Boynton Beach, Inc. (fka Praxis ACLF) Carl Lindner 16t3 S.W. 3rd Street Request for relief from Article V - Community Design Plan, Appendix II{b} modifications to existing projects. Mr. Haag made the presentation. This site is located in the Modern Design District which has specific requirements which must be incorporated into the design of the building. A list of those design elements was listed in Exhibit "B" of the background materials. -8- M]'NUTE$ - PLANNING AND DEVELOPMENT BOARD NEET]'NG BOYNTON BEACH, FLORIDA APR]'L ZZ, 1994 Staff found this applicant's structure to be deficient with regard to the roof element and some of the architectural treatments to be added to the building. The design of the building is very residential and fits in well with the surrounding community. The requirements of the Community Design Plan would require the roof design and materials to change. However, after reading the requirements, it became obvious that many of the required materials are better suited for commercial-type structures, Since this structure fits in so well in the community, the applicant is seeking relief from the roofing requirements of the Community Design Plan. Staff recommends granting the applicant relief from the roof element; however, s:aff feels three of the architectural features should be incorporated which are identified for that Design District. The applicant would be required to add one from each of the following categories: wall accessories, windows and extra features. Chairman Lehnertz wondered how much the cost would be increased if the applicant meets the recommendation made by staff. Mr. Haag said they would have to make a proposal in a drawing which could then be evaluated. Vice Chairman Dub~ realizes that following this Community Design Plan is a Code requirement; however, the south side of this addition will not be visible to anyohe because of the existing shrubbery. The addition is difficult to see from the north because of its angle, and 1-95 is to the:west. He pointed out that it was difficult for him to get a good view of the building when he was specifi- cally looking for it. Mr. Golden agreed with Vice Chairman Dub~'s comments. This site is isolated and the addition faces away from frequented areas. This is a unique situation. Carl Lindner said he made a commitment to the residents of High Point to build an addition which was similar to the existing building. He pointed out that he receives no reimbursement from Medicare or Medicaid and must be very cost effec- tive. He wishes to maintain the integrity of his commitment and if this Design Plan creates a stumbling block, he will do whatever is recommended. Chairman Lehnertz pointed out that he is usually very adamant about having prop- erties conform to the Design Plan, but in this particular case, the building conforms well with the surrounding area. He does not feel these requirements will add value to the property, the surrounding area or the City. Notion Mr. Golden moved that we approve the request made by Carl Lindner for the Praxis ACLF for relief from Article V - Community Design Plan, Appendix II(b) modifica- tions to existing projects and approve his request as submitted. Vice Chairman Dub~ seconded the motion, which carried unanimously. Chairman Lehnertz recognized the presence in the audience of Commissioner Matt Bradley. -g- HINUTES - PLANHING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA APRIL 12, 1994 B. SUBDIVISIOHS NASTER PLAH 140DIFICATION Project Name: Agent: Location: Description: Sutton Place, Tract H at ~unter$ Run David Beasley South side of S. Congress Avenue, north of the L.W.D.D. L-30 Canal Request for approval of an amended master plan to reduce the side setback from 7.5 feet to 6.0 feet. Mr. Haag made the presentation. This development is unique since Hunters Run is a condominium-type of development and this particular tract has single-family homes with established setbacks. This request went before the City Commission and received a finding of non-substantial change. Mr. Haag used the overhead projector to display the lots. Some of the lots have easements along their sides and there has been a requirement that those easements are followed. This request is specifically for Lot 25. The ownerms request for a permit to erect a golf cart garage was denied when it was determined that the structure encroached into the side setback. This request went before the TRC on March 8, 1994, and they recommended approval of the request subject to certain stipula- tions. The stipulations are: 1. Wherever this structure touches the side setback of 6', there will be no openings such as doors, vents, etc., on that side of the structure; and 2. that this reduction of the setback only be allowed for golf cart garages. Mr. Haag confirmed for Chairman tehnertz that the setback would be reduced to 6' on bothi sides of the house. The structure can be built anywhere within the buildable lot. Chairman Lehnertz realized that an owner could build these structures on both sides of the house if he so desired. Mr. Weigle pointed out that typically, the way the house is built, the owner would only be able to use one side of the house for such a structure. He further suggested stipulating that only one golf cart garage will be allowed on each lot. Motion Vice Chairman Dub~ moved to approve the subject request subject to the 6' side setback being allowed for one (1} golf cart structure only, and subject to the stipulations set forth by the TRC. Mr. Weigle seconded the motion, which carried unanimously. C. ADMINISTRATIVE APPEAL Mr. Haag suggested coupling this appeal with the Site Plan approval. Motion Mr. Goldenmoved to amend the agenda to hear both of these requests in sequence. Mr. Weigle seconded the motion, which carried unanimously. - 10 - MINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 D. NEN SITE PLAN e Project Name: Agent: Location: Description: Q,~11 Run Vllla$ (aka Quail Lake West Phases II & III) Michael Covelli South of the intersection of SW 26th Street and Woolbright Road Request for approval to construct forty-two (42) clusters of townhouses for a total of 176 dwelling units on platted plots. C. LANDSCAPE CODE Project Name: Agent: Location: Description: Qu~11 Run Vt11~$ (aka Quail Lake West Phases II & III) Michael Covelli South of the intersection of SW 26th Street and Woolbright Road Request for approval to plant required common area landscaping on single-family platted lots. Mr. Haag made the presentation. This is the final site plan for the Quail Lake PUD. This is an eighty (80) acre project which contains single-family homes, multi-family condominiums, and a recreational tract to serve the entire develop- ment. The proposed project received master plan approval on January 11, 1994. This Ts a very large project with SW 26th Street running through the center of the project. There will be 176 platted lots with 176 attached dwelling units. There will be three, four or five units in each building. Each building has two (2) parking spaces; a garage, and one space in the driveway in front of the garage. There is existing vegetation on the site which the Forester would like maintained. The traffic for this project was approved with the original master plan. Within the landscape tracts, guest parking has been provided. Landscaping around the site is extensive and the applicant has met the Landscape Code. There is a perimeter hedge which continues along Woolbright Road to the south portion of the project. On SW 26th Street, there are additional hedges and trees. The building and site regulations were approved by the Planning and Development Board when the master plan was approved. The setbacks and site regulations are as follows: 1) the height of the building is one story; 2) the minimum lot size is 3,000 square feet; 3) the lot frontage is 30'; and 4) the minimum setbacks are 15' front, 10' side and 15' rear setback. There is a 25' setback along SW 26th Street from the street right-of-way to the closest building. Along Woolbright Road, there is a 40' setback from the edge of the road to the right-of-way property and building. The Community Design Plan is not applicable for this project~ but the buildings have a Mediterranean style. There is only one sign proposed for the wall on SW 26th Street. Staff has reviewed the project and submitted comments. The Planning and Zoning Department recommends approval of this aPplication subjeCt to staff comments. With regard to the landscape appeal, Mr, Haag advised that the developer is required to provide trees based on the size of this particular property. The - 11- M~NL1TES - PLAI, INIHG AMD DEVELOPMENT BOARD MEETING BOYNTOH BEACH,. FLORIDA APRIL 12, 1994 Code also states that this requirement must be provided on open, common area. This project has only six open, con,non areas and the developer must provide over 800 trees. This means that the trees would have to be placed very close together. The applicant has requested relief in order to be able to plant the trees on private property instead of in open, common area. Staff reviewed the request and recommends approval of the ability of the appli- cant to place the trees on private property. However, staff wants assurances that the trees are maintained. If they are damaged, they must be replaced. Since the lots are privately owned, staff wants to be certain the responsibility is placed on the developer or homeowners' association rather than individual property owners. Staff is recommending the creation of an easement throughout the private lots which is dedicated on the plat and references responsibility for maintenance of the landscape material. The applicant feels a deed restric- tion will accomplish the same thing; however, staff feels it should be shown on the plat so that it is on record with City documents for better control. Vice Chairman Dub6 agreed with staff's recommendation regarding a notation on the plat since his community of Silverlake Estates is currently experiencing problems with maintaining a wall. Mr. Haag explained that this community will also have a wal'l to the east which is on private property. The applicant is including a wall easement agreement. Mr. Golden does not feel the intent of the Code is being met by the applicant. Also, the maintenance of the trees may be a problem because of the private ownership issue. Mr. Golden inquired as to whether or not there was any discussion with the applicant about putting some of the trees in other common areas throughout the PUD or contributing toward median landscaping. Mr. Haag stated that the applicant will be providing landscaping on Woolbright Road and an additional small median. There is also a requirement for lake plantings. The applicant wishes to move some of the trees into that area. Mr. Davis referred to Recreation & Park Memorandum #94-112 wherein Mr. Hallahan noted items which werepending. Mr. Haag advised that the lake plantings are not shown on the drawing. The applicant proposes to turn in the lake plantings with the preliminary plat. Those plans are expected by the end of this week and the Board will see that when this comes before them for preliminary plat. Mr. Davis questioned whether there will be trees in addition to the littoral plant- ings and understory. Mr. Haag said the applicant wants to use the surplus trees from the 778 trees to apply toward the lake plantings. Mr. Davis remembered a small area on the north side of Woolbright Road which was a passive recreation area. Mr. Haag advised that that land was dedicated to the City and will be used as a park. In response to Mr. Davis' question regarding recreational amenities, Mr. Haag stated that the picnic facility has been changed to bocci courts at the request of the residents after negotiations with Engle Homes. Mr. Wildner of the Recreation & Parks Department approved that substitution. Mike CoYelti, representing Engle Homes, said this plan can be compared to any other plan which was set up with a homeowners' association. The only difference is that the footprint of the unit is conveyed in other developments. Engle Homes has used the same type of concept and drawn a lot line. This project will have a homeowners' association, restrictive covenants and documents, and a com- mon maintenance contract. When the property is conveyed, it has lot lines. - 12 - MINUTES - pLANNING AND DEVELOPMENT BOARD MEETING BOYNTON B~CH, FLORIDA APRIL 12, 1994 The developer has attempted to provide a landscape plan which is not a typical single-family planting plan. They would like a uniform distribution of canopy within the project. Their plan exceeds alt of the native vegetation require- ments. There are 778 required trees throughout the project. They have provided an additional 100 trees over and adore that requirement and five times the number of shrubs required. The developer is providing planting for the media~ on Woolbright and the planting areas on both sides along 2~th. Perimeter plant- ing will be done around the entire project. With regard to the lake plantings, the clusters of trees shown on the corpmon lot lines will be moved into the lake planting area. Additional shrubs will be supplemented to fill in as needed for screening purposes. With regard to the issue of the easement for the trees, Mr. Covelli stated that a planting plan exists. It will be very difficult to describe the easement. It would require 800 legal descriptions. In the restrictive covenants, the prop- erty owner does not have the right to cut any of the trees. The association will maintain the grass, trees and shrubs, The trees are common area. If the required number o~ trees had to be put in the corr~non areas, it would be impossible to fit them all. The developer feels the restrictive covenants will provide control over this situation. In response to Mr. Golden's question, Mr. Corelli said the covenants will not permi~ the residents to fence the lots. Since the grass is cut by a maintenance company, access to every part of the site is necessary. Vice Chairman DubA pointed out that covenants are great, but once the developer is gone, it is difficult to enforce them. Mr. Covelli feels strong association leadership and a good management company will be able to deal with this situa- tion. The developer has tried to cover alt bases as effectively as possible. Mr. Golden questioned the benefits of private lots with so many restrictions. Mr. Covelli said the property owners will be assessed based on the amount of property they own and, therefore, there will be no burden on the association. Chairman Lehnertz asked if the developer would have any problems changing some of the tree species delineated in the landscape plan. He noticed Black Olives, baby Rubber Trees and Dracaenas. He suggested those varieties be changed to another species. Mr. Covelti was agreeable to working out a change. Vince Finizio said the Engineering Department would prefer to see the landscape strip identified as an easement. Language can be included in the dedication sheet which would prohibit the fencing of individual parcels of land. The Engineering Deoartment has spoken with the applicant about doing the same thing with littoral zone plantings. Mr. Covelli stated that the developer is not adverse to an easement. The devel- oper is only adverse to the easement in terms of describing the location of all of these trees. This is almost impossible to do. Further, he feels these are plat issues. ~e stated that if the City does not have a problem with a blanket easement in terms of the entire parcel except roadways, buildings, driveways and sidewalks, they would not be adverse to that kind of easement. He further stated that the developer would not have a problem with restricting the planting areas of the lakes even so far as restricting fencing in those areas. - 13 - HINUTES - PLANHING AND DEVELOPHENT BO/~D MEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 Attorney Cherof feels this can be done, but he was not in a position to say whether or not it was practical. He further stated that he was not ready to say whether or not what they were comparing the easement to is better or worse than the easement. He has not seen the restrictive covenants. He will review this situation prior to the City Commission meeting. Mr. Haag stated that the developer is required to plant 539 trees to meet the requirement. Those trees are being put on private lots. He questioned how many of the 539 trees will be deducted if the trees are moved down to the lake main- tenance easement. Mr. Covelli stated that B31 trees stay on the lots and there are ninety-one (1) additional trees over and above that which will be put into the easement. Once the trees are in place, supplemental planting will be installed for filling purposes. Chairman Lehnertz wondered how restricted the residents will be to planting additional trees. It was explained by Mr. Covelli that the trees will have to be approved by the association and the residents will be made to understand that once the tree is planted, they no longer own it. Chairman Lehnertz reminded the Board members that Mr. Covelli had no problems with his suggestion to delete the Black Olives, Dracaena and baby Rubber Trees and replace them with comparable native species. Motion Vice Chairman Dub~ moved to approve the Landscape Appeal, Section 7.5, Quail Lake West, Phases II and III, for the general landscaping for cluster and multi- family housing development subject to staff recommendation, the approval of the recommendation to the City Commission of the City Attorney, and the comments of Chairman Lehnertz. Mr. Davis seconded the motion. Mr. Golden feels this proposal lacked creativity with respect to community bene- fit and he wilq not support it. The motion carried 6-1. (Mr. Golden cast the dissenting vote.) Mrs. Frazier inquired as to the selling prices of these units, Mr. Covelli advised that thestarting price will be the low lOOs and go to 120s with add- ons. With regard to the site plan, Mr. Golden referred to the "variance" notations on Engineering Department Memorandum #94-064, Comments #3 and #4, and requested clarification. Mr. Finizio advised that variances were granted to the original developer in 1988 for relief in this regard. Mr, Golden also referred to Building Department Memorandum #94-066 and pointed out that he did not receive a copy of the letter from Caulfietd & Wheeler, Inc. Mr. Finizio explained that in this regard, the developer was advised he must fully comply with the City's subdivision regulations. The developer did not feel it was his responsibility tobuild the wall and plant littorals. The City's stand was firm and a reasonable agreement was reached on the location of the wall and the landscaping. - 14 - HIHUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOYHTON BEACH, FLORIDA APRIL 12, 1994 Chairman Lehnertz questioned whether Mr. Corelli had any problems with providing guardrails along the roadway adjacent to the lakes. Mr. Finizio stated a Code exists which requires this area to be safe. This issue was presented to the deyeloPer of the first section and he provided the guardraits where necessary. The Engineering DePartment feels this developer should be co~oelled to install the necessary guardrails with this project. Mr. Covelli agreed to put in the guardrails. Hot t on Mr. Golden moved to approve the request submitted by Michael Corelli fOr Quail Run Villas to construct forty,two {42} clusters of townhouses for a total of 176 dwelling units on platted lots, subject to staff comments, Mr. Weigle confirmed that the motion includes staff comments regarding the guardrails. Mr. Weigle seconded the motion, which carried unanimously. D. SITE PLANS MAJOR SITE PLAN MODIFICATION 1. Project Name: Boston Chicken Agent: Anna Cottrell Location: 1755 N. Congress Avenue Catalina Centre Description: Request for approval of an amended site plan to convert an existing bank building into a restaurant, including changes to site layout and design. Mr. Haag made the presentation. This request is for the addition of Boston Chicken restaurant in Catalina Centre just north of the south entrance in an existing former bank building. This is located in the C-3 Zoning District. The proposed modifications include removing the drive-in teller area on the north side of the building. Other changes to the exterior include a color change as well as the addition of colored awnings. This is a leased building and parking is part of the shared parking which included the hotel, Marie Callender's and MCDonald's. There is ample parking to satisfy the requirements for this use. Since this is a leased outparcel from the shopping center, there is no direct access to this building. The shopping center has direct access to Congress Avenue by way of an ingress/egress driveway located north of McDonald's. There is also a two-way driveway located directly to the south of the proposed use. With regard to landscaping, there is no requirement compelling them to bring the entire project up to the Landscape Code; however, they wilt be doing some minor foundation landscaping and landscaping in the adjacent parking area, and they will fill in blank spots along the perimeter landscaping along Congress Avenue. This project is located in a Modern Design District; however, Catalina Centre has a Spanish Mediterranean style. Staff recommends that the colors of the Boston Chicken building be maintained comparable to the colors already in the shopping center. - 15 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYI~TON BEACH, FLORIDA APRIL 12, 1994 Staff has concerns over two items. The proposed awning picks up the logo for Boston Chicken. There were blue awnings on the existing bank building. The second concern is the signage. The signing on the existing buildings in the center is in a teal shade of blue. However, the bank had its own signage which was the design logo of the bank. Staff does not have a problem with the signage even though it is a little different from what is used in the shopping center. Staff recommends that the color of the building match the other buildings in the center and that the awnings be toned down. Staff recommends approval of the project and the Planning and Zoning Department recommends approval, subject to the conditions mentioned in staff comments and recommendations. In response to Ms. Frazier's question, Mr. Haag advised that Palm Beach County Traffic Division reviewed the traffic impact study. They had no problems with the project as long as: 1. there is no increase in the size of the building; 2. City zoning does not require the proposed use to obtain a special exception; and 3. the bank was in operation within the last five years. Chairman Lehnertz questioned whether or not the shared parking which was in place for the bank is still valid for this use. Ms. Heyden explained that the shared parking study was to cover multiple uses in the area. The uses included McDonald's, a bank, the shopping center, Marie Callender's, the hotel and a health club/office facility which was planned but whose site plan has now expired. The shared parking study always envisiDned incorporation of parking spaces which did not exist and will not exist until the entire project is built out. The use for the health club/office building exhibits a peak parking demand similar to the retail and most likely, there will not be that type of use coming into the center. If there is a deficiency in the future, the deficiency will have to be met on that parcel when it comes in for development. Ms. Heyden con- firmed that the parking is adequate for this use when parking spaces which do not yet exist are incorporated. Mr. Davis asked for further clarification of Ms. Heyden's statement. Ms. Heyden explained that the vacant parcel was always included as part of the shared park- ing study. When the parcel comes in for development, it will be included under the shared parking study. The use will be evaluated for peak parking demand. She stated that the Boston Chicken use should be allowed to be converted from the former bank to the restaurant on the basis that it does not add square foot- age and there is no change in the parking ratio. If there is a deficiency when the vacant parcel comes in for development, they will have to provide the parking spaces to make the overall shared parking study work. Chairman Lehnertz questioned whether or not staff has a recommendation regarding where the loading zone should be placed. Mr. Haag used the overhead to point out a suggested area. Mr. Golden suggested using the drive-thru area and recon- figuring some of the parking spaces. Anna Co~ planiner~ represented Boston Chicken. She introduced the Director ~e~'~ EState for R & E FOods, and Ken Carlson, the Project Architect. This company was started in 1985, and has experienced tremendous growth. They have 350 outlets nationwide and 150 additional sites under development, Most of the executives are former Blockbuster Video executives. - 16 - MINUTES - PLANNING AND DEVELOPMENT BOARD HEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 Boston Chicken is primarily not a fast food outlet. Their customer base is targeted toward families looking for nutritious take-out meals. They have been very successful and feel this site will provide the same source of success they have been experiencing in other locations. Because this company is young, it is important to establish an identity. One of the ways to establish that identity is by use of their corporate architecture. This corporate identity reminds people of the quality and value they received during their last visit to the restaurant. The modifications to this site are very minor. The only modifications are the elimination of the drive-thru, the color of the building and the change of the existing blue canopies to red, white and black. The company feels these cano- pies are necessary to establish their identity and make the project successful. Ms. Cottrell stated that there are many variations in the colors of the buildings in the existing center. The proposed color is just another modula- tion. Although it is not the exact same color, it is harmonious with the existing center. Again, the company needs this corporate color in order to establish identity. The color is a slight shade of gray and provides an aes- thetically-pleasing appearance. The canopy will add color to the site and she feels this addition of color creases vitality to the urban scene. The building and the landscaping conform. An advantage of adapting this for reuse is that the building will be brought into full compliance with the ADA standaros. The applicant is requesting one waiver of Code requirements on the loading zone. Rather than redesigning certain aspects of the site, restrictions on times for loading will accomplish the same thing and eliminate the need for additional paving. With regard to the shared parking, Ms. Cottrell stated that the City's Codes for parking ratios for retail centers are in excess of what the ULI or the ITE con- sider to be minimum standards for parking. In analyzing both of the standards, the Catalina Centre is well in excess of the minimum they recommend and is not very short of what Boynton Beach Code requires. The reason spaces which do not exist are permitted to be counted is because those uses also do not exist at the present time. There is enough parking at present to support this use. Mr. Gram questioned whether or not the colors proposed have been discussed with others in the center. Ms. Cottrell stated there have been numerous discussions with the landlord about the appearance of the building and he is in support of the colors which have been selected and feels this will be a good addition to the center. Ms. Cottrell said there are four different colors of canopies existing at the center at the present time. The addition of this canopy will be an extension of those colors. The applicant has had to make compromises in the amount of signing because they are subject to the overall amount of signage for the center. Becauseof their compromise~, they feel the corporate colors on the building and awning~are essential. The applicant requested an additional directional sign similar to McDonald's sign on Congress Avenue. Staff indicated that the only place that meetS the Code is internal to the parking area. - 17 - MINUTES - PLRNNING AND DEVELOPNENT BOARD MEETING BOYNTON BEACH, FLORIDA APRIL ~ ~994 In viewing the colored elevations, Ms, Cottrell pointed out that the architec- tural drawings will depict a slight change in the placement of a door and win- dow. The placement will be flipped to meet interior space needs. The orienta- tion of the building is to the south. The canopy will extend approximately halfway down the east elevation. Vice Chairman Dub~ agreed with Ms. Cottrelt that restrictions have been placed on times of operation with regard to deliveries. It was confirmed for Vice Chairman Dub~ that Boston Chicken requires all deliveries prior to opening at 11:00 a.m, The restaurant opens at 8:00 a.m. for employees only to prepare for the day. Ms. Cottrell pointed out that there will be no vehicular traffic in this area until the restaurant opens for business to the public, Vice Chairman Dub~ pointed out that as a bank, the one-wav road going from the south to the north on the east was okay because everyone Knows it is one-way to a drive-in teller. However, when the north entrance is expanded to a two-way, people will be going the wrong way on a one-way road. Ms. Cottrell said pave- ment markings and signage will be used. They will also attempt to work in more channelization with curbing. In response to Mr. Davis' question, it was pointed out that the delivery trucks would be located in the area Of the three (3) new parking spaces. It was also confirmed for Mr. Davis that the dumpster is properly shielded. Mr. Davis questioned whether the applicant feels the corporate logo or the building color is more important if a choice was necessary. Ms. Cottrell stated that the awning would be more important to the applicant. Ms. Cottrell said the proposed color is a gray/buff color which has been sof- tened to blend more closely with the existing center. Although it will not match exactly, there is harmony with the existing colors. Further, this site is heavily landscaped and a great deal of the building is shielded from view from the roadway. There is a 200' separation between this building and the closest bUilding in the center. Mr. Golden referred to the staff comments wherein the loading zone was discUSsed. He feels this issue is a matter to be addressed by the Building Board of Adjustment and not something to be addressed by this Board. He further agreed with staff's recommendations. He feels the sign is fine, but the build- ing Should be the same pinkish color which would be consistent with the existing center and the other o~tparcels. Further, the proposed canopy is in stark contrast to the existing canopies. Chairman Lehnertz agreed with Mr. Golden's comments. Upon investigation, he found that while there are differences in the canopies and the hues of the building colors, all of the buildings blend. In contrast, the Oakwood Square shopping center is exactly opposite. There are four (4) outparcels with dif- feren~ colors and awnings which looks garish. Chairman Lehnertz believes having the d~stinctive logo and allowing the coloring in the signage should be suf- ficient to provide a corporate identity. He feels it would be in the aesthetic interest of the CitY to have the building and awnings a harmonious color with the remainder of the site. Chairman Lehnertz agrees that the loading zone is a Code ~equ~rement and not within the jurisdiction of this Board to address. - 18- NINUTE$ - PLANNI~NG AND DEVELOPMENT BOARD NEETING BOYNTON BEACH, FLORIDA APRIL 12, 1994 Notloq Mr. Golden moved that we recommend approval of the request submitted by Anna Cottrell foF Boston Chicken for an amended site plan to convert an existing bank bu~]ding into a restaurant, including changes to site layout and design, subject to staff comments. Mr. Davis seconded the motion, which carried unanimously. E. OTHER None COMMENTS BY M ENBERS I. Agenda Packets Mr. Golden noted that the back-up material contains many memos which state the departments have no comment. He suggested eliminating those memos to save re- sources. After some discussion, Mr. Davis suggested incorporating a check-list of departments. 2. $chool ~l~e With regard to the Quantum Park site, Mr. Golden advised that he recently read an article where the Attorney General made a ruling that School Boards must abide by local regulations. He suggested the City Attorney investigate this since the School Board has indicated they do not have to abide by our regula- tions. The article Mr. Golden read dealt with a school site in St. Lucie County. Ms. Heyden questioned whether this ruling would apply to site plan approval. Mr. Go}den advised that the article did not state anything specific, but it inferred that it might apply. Mr. Weigle reported that the City commission is very happy with what has been dOne by the SChOol Board. The SchoOl Board has worked very closely with the Planning Dep~rtment and the City Commission unanimously voted in favor of the project. 3..Parking Garage l_~n Oowntown Mr. Gram stated that he has read articles about the proposal for a garage in the Central Business District. He questioned whether or not that project had been before this Board. Chairman Lehnertz advised that because this project will be located in the Central Business District, it will go before the Community Redevelopment Advisory Board and the Community Redevelopment Agency rather than the Planning and Development Board. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at i0:30 p,m. Prainito Recording Secretary (Four Tapes) - 19 -