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Minutes 03-08-94HINUTES OF THE PLANNINGANDDEVELOPHENT BOARD HEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 8, 1994 AT 7:00 PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairwoman Nathan Collins Paul Davis Stan Dub~ Bradley Weigle James Golden, Alternate ABSENT Bill Miller Tambri Heyden, Acting Planning & Zoning Director Mike Haag, Zoning & Site Devet. Administrator James Cherof, City Attorney PLEDGE OF ALLEGIANCE Vice Chairwoman Huckle called the meeting to order at 7:06 p.m., and led the Pledge of Allegiance to the Flag. (Chairman Lehnertz had not yet arrived.) INTRODUCTION OF NAYOR~ COMMISSIONERS AND BOARD MEMBERS Vice Chairwoman Huckle introduced the members of the Boa rd. AGENDA APPROVAL Mr. Collins moved to approve the agenda as presented. Mr. Dub~ seconded the motion which carried unanimously. APPROVAL ~ MINUTES The Recording Secretary advised that, at Vice Mayor Aguila's request, the origi- nal copy of the February minutes was changed to reflect his discussion under the heading, "Comments by Members". Motion Mr. Dub~ moved to accept the minutes as read. Mr. Collins seconded the motion, which carried unanimously. COMMUNICATIONS AND ANNOUNCEMENTS A. REPORT FROM THE PLANNING AND ZONING DEPARTMENT 1. Final disposition of last month's agenda items Ms. Heyden reported that the Boynton Lakes, Plat 5, Request for Time Extension was unanimously approved by the City Commission. This time extension is for a period through October 15, 1994. - 1- MINUTES -PLANNZNG AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 8, 1994 Chairman Lehnertz arrived for the meeting, and offered an apology. OLD BUSINESS (The following three (3) items were postponed at the February 8, 1994 meeting) Ms. Heyden advised that correspondence was distributed to the members dated March 4, 1994, from Doug McMillen, which requests a two-month time extension until May 10, 1994, on the parking lot variance, administrative appeal of the Landscape Code, and the new site plan. Mr. Golden noted that Mr. McMille~ spoke of tentatively working out some of the site plan modifications with a key tenant. He asked Ms. Heyden for clarifica- tion of this statement, Ms. Heyden advised that there has been a change of tenants. One of the outparcels has been eliminated and the main building will be reconfigured. In offering advice to the members on a motion, Attorney Cherof asked that the motion reflect the fact that the applicant is responsible for any costs asso- ciated with renoticing the proceedings. Hotloq Vice Chairwoman Huckle moved that, at the applicant's request, we will continue the parking lot variance for Boynton Festive Center, the Landscape Code appeal, and the new site plan for the Boynton Festive Center until May 10, 1994, with the understanding that the applicant will be responsible for any costs involved in readvertising the public hearing. Mr. Golden seconded the motion, which carried unanimously. 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 relief from Article X - Parking Lots, Section 5-142{h){5) - Distance from right-of-way line to the intersection of any interior access aisle. This item was continued until the May 10, 1994 meeting. B. ADMINISTRATIVE APPEAL LANDSCAPE CODE Project Name: Agent: Owner: Location: Beynton Festive Center McMillen Development, Inc. Great Western Ban< Northwest corner of Congress Avenue and Old Boynton Road -2- HINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA HARCH B, 1994 Description: Request relief from Article II - Landscape Code, Section 7.5-35(d) & (e) - Interior lot tine and right-of-way landscaping. This item was continued until the May 10, 1994 meeting. 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 approval to construct a 115,000 square foot retail center which includes two {2) outparcel buildings. This item was continued until the May 10, 1994 meeting. NEW BUSINESS A. SUBDIVISIONS MASTER PLAN MODIFICATIONS t. Project Name: Agent: Owner: Location: Quantum Park at Boynton Beach James Willard, Esquire Shutts and Bowen Quantum Associates West side of 1-95, between Miner Road extended and the Boynton {C-16} Canal Description: Request for an amendment to the Development Order which approved Quantum Corporate Park (Ordinance No. 88-3) as outlined below: Section #3: The City Commission find that the Amendment application procedure and the subsequent proceedings have been duly con- ducted pursuant to the provisions of Florida Statutes, Chapter 380. e Section #4, Subsection (1): Subparagraph (f) shall be added as follows: (E) Quantum Park at Boynton Beach, Amended Master Site Develop- ment Plan submitted February 15, 1994. References throughout the Development Order shall be revised to conform to the Amended Master Site Development Plan #4, as approved, -3- NINUTES - PLANNING AND DEVELOPHENT BOARD t4EETING BOYNTON BEACH, FLORTDA : 14ARCH B, 1994 which reflects the use of a portion of the property previously designated for industrial, research and development and roadway purposes as governmental/institutional for a public high school. Such revisions shall be made in the interest of consistency and clarity. Ms. Heyden made the presentation. Quantum Associates has requested an amendment to the DRI Development Order to reflect the use of a portion of the property, previously designated for industrial/research and development and roadway pur- poses as governmental/institutional for a public high school. This request is governed by Section 7 of the Zoning Code and by Chapter 380 of the Florida Statutes. The applicant is requesting that the City Commission make a determination that the amendments are not substantial in mature and that the proposed changes do not require further Development of Regional Impact review. In order to make this finding, a public hearing must be conducted by the City Commissioh. It is anticipated th~ the C}ty Commission pub~i:c hearing will be held on April 5, 1994. The Planning and Development Board's rolm in this request is advisory in nature. The current mix of land uses in the project includes Commercial, Office, Club, Industr3al and Research and Development Industrial, Th3s request ~s for an amendmen~ to exchange 26.9 acres of Industrial use and 11.19 acres of Research a~d Eevelopment lan~ use for approximately 46.4 acres of Governmental/ Ih'sti;tutional ]and use for the high school. The amended master plan also reflects the closure of a portion of Park Ridge BOulevard ~hich, if!not removed, would run through the proposed high school cam- pas. ~arE Ridge BoUlevard is an existing right-of-way which is dedicated to the Q~u~ P~rk ;Proper~y O~ners' Association. Two staff meetings have been held to date ,s'~nc~ tee application was submitted on February i5, 1994. Staff had many c6'n~rns ~eg~rding ~he redistribution of land uses and the closure of the por- tion of P~rk Ridge Boulevard. Ms, Heyden focused gn the traffic issue, the impact of the high school, the closure of a portio~ of Park Ridge Boulevard on the roads, intersections, and direction [of traffic circulation within the Park and the future development of the Park ~long Park Ridge Boulevard. With regard to traffic, Jim Witlard, an agent for Quantum Associates, was in attendance to present revised traffic information during this meeting. Ms. Heyden explained that after reviewing the information which has already been submitted, it appears that the high school will not generate any additional trips when compared to the originally-planned land uses. The major difference iS that the peak hour trip generation for the school will be 2.5 times as great in the morning, and approximately half as great in the evening. The Police and Engineering Departments recommend the installation of a traffic s~gnal at the intersection of Gateway Boulevard and Park Ridge Boulevard. The revised traffic information must include warrants regarding whether or not the signal is warranted. -4- HINUTES - PLAHN]'NG AND DEVELOPFIENT BOARD HEETING BOYNTON BEACH, FLORIDA HARCH 8, 1994 The greatest concern is the closure of a portion of Park Ridge Boulevard. Using a map, Ms. Heyden showed the point of closure. Police, Fire and Utilities are concerned with this closure. The School Board intends to remove the existing pavement and construct a stabilized surface to accommodate a fire lane for emergency use only. The points of closure would dead-end, resulting in the alteration of existing traffic circulation by existing uses on Park Ridge Boulevard, and future uses east of the school on Park Ridge Boulevard will not be able to travel west on Park Ridge Boulevard to get to Gateway Boulevard. This will result in extension Of their travel distance by up to one mile. The change in traffic circulation mixes trucks, tractor trailers, hazardous material transporters, school buses, delivery trucks, school visitors and employee vehicles. This could impact the build out of industrial lots along Park ~idge Boulevard or the desire of existing uses to expand. Further, this dead-end length of Park Ridge Boulevard is contrary to the objective of extend- ing roads and coordinating street layouts with the surrounding street network to ~rovide continuity, convenience and safety. During meetings with the applicant, alternatives to the closure of Park Ridge Boulevard and suggestions of providing an alternate right-of-way for per, rent access, were presented. These alternatives include shifting the parking areas so that the pavement would not have to be removed, and shifting of the security gate location to avoid removal of pavement. To prevent a conflict of vehicles and pedestrians crossing Park Ridge Boulevard to get to the football field and the track, staff recommends investigation of an overhead pedestrian walkway. The last suggestion was that if Park Ridge Boulevard is to be closed, a new right-of-way should be constructed either connecting Alpha Drive to Quantum Lakes Drive, or Park Ridge Boulevard to West Industrial Avenue. Staff recommends a finding of no substantial change subject to retaining Park Ridge Boulevard as it currently exists or providing an alternate right-of-way. Mr. Collins requested clarification on staff's recommendation with regard to Park Ridge Boulevard. Ms. Heyden explained that Park Ridge Boulevard can remain part of the campus, but if it is, it should be open to the public as a private right-of-way. Mr. Collins disagreed with this recommendation. He feels leaving this open to the public will result in a tremendous amount of difficulty in controlling people from coming onto the campus. Mr. Collins is a high school principal and stated that he would not want to be in charge of this school if that becomes a public right-of-way. He feels it should be closed to the public or eliminated entirely. Ms. Heyden explained that it is staff's suggestion that the parking areas be shifted in order to maintain the right-of-way. Mr. Collins reiterated the need for complete control of the campus. In response to Mr. Golden's question, Ms. Heyden advised that the applicant sub- mitted a Notice of Proposed Change and an amended DO with underlines and strike- outs; however, they were not included in the back-up material since the practice of including the applications ceased a few years ago. Mr. Golden felt that information would have been useful in evaluating the proposal. Mr. Golden questioned why the traffic study was not submitted up front. Ms. Heyden said a study was prepared. She attended a meeting with Treasure Coast Regional Planning Council and Palm Beach County Engineering Department on -5- MINUTES - PLANNZNG AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 8, 1994 February 15th. At that time, the Notice of Proposed Change was submitted. A brief review of the application was made by Treasure Coast and it was felt that additional information was needed. Staff has not received that information yet, but it is available tonight. Mr. Golden feels that information is essential in evaluating this request. Vice Chairwoman Huckle agreed. Mr. Dub~ pointed out that if this application is approved as is, the School Board can do whatever they want with the site plan. There is no site plan approval required once it is given to the School Board. Ms. Heyden agreed, but pointed out that the School Board has always kept the City abreast of their site plans and coordinated with the City evenrthough they are not required to go through a formal site plan procedure. Mr. DubA questioned whether or not the quarter circle shown on the plan is part of the campus. Ms. Heyden explained that it is not part of the property involved, but is an existing wet retention area which will be maintained by the Property Owners' Association. Chairman Lehnertz pointed out that when reviewing the land uses shown on Page 2 of the staff report, there are approximately five (5) acres of land for which no use is reported. Ms. Heyden agreed with this and referred to Page 20, Comment #5 of Planning and Zon:ing Memorandum No. 94-057 which requires adjustment of the oarcel acreages to cor:respond with the tax maps prepared by the Palm Beach County Property Appraiser's Office. Quantum Park has the responsibility of bringing these totals back in line. Mr. Dub~ inquired whether or not there has been any analysis done to determine the tax loss to the City. Ms. Heyden said this school location has been in discussion for over a year and that Ms. Parker and the City Manager's Office were very involved in the selection of the site. She believed data analysis was done. In response to Mr. Collins' question, Ms. Heyden advised that the site is a total of 46.4 acres. Mr. Collins does not feel this site has enough acreage to allow for growth. Mr. Davis questioned how the Treasure Coast Regional Planning Council entered into this process. Ms. Heyden advised that there is a thirty-day review period which is counted from the day of submittal of the Notice of Proposed Change. That Notice was submitted on February 15th. Contact will be made by Treasure Coast to the City to determine whether or not they object to the change. It is the City's responsibility to change and approve a Development Order. If Treasure Coast has any problem, they will attend the public hearing. Mr. Davis asked Ms. Heyden to elaborate on the five (5) points raised at the TRC meetings. He is particularly interested in how Sky Lake will be impacted and what will be done to mitigate the impacts. Ms. Heyden referred to Page 3 of Planning and Zoning Memorandum No. 94-055. With regard to Comment #1, Ms. Heyden explained that the Quantum Park of Commerce was originally conceived as an industrial park comprised of industrial uses, research and development uses and ancillary commercial and office uses. There was a concern whether -6- HINUTE$ - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORZDA HAP. CH 8, 1994 a high school is a change in the concept. The School Board was similarly concerned. However, they believe their presence in the Park, in conjunction with the mag net school program which is planned, will attract similar quality research and development oriented corporations into the Park. Based on that explanation, staff's concerns were satisfied. Regarding Comment #2, no information was provided with the Notice of Proposed Change with regard to the i~h~act of sub- stituting the land use or the effect of loss in ad valorem taxes. The City Manager's Office has indicated that this information was discussed when the site was being considered by the City Commis- sion. Mr. Davis feels there will be a loss of revenue to the City and wondered what projects the City is prepared to delay because of this loss of revenue. Carrie Parker, Assistant City Manager, said that approximately three years ago, the City Commission set a goal for the City to have a high school within City limits, staff was directed to look for suitable sites. At that time, the School Board had an option on Jog Road. They still have that option. The School Board indicated the need for a site of between fifty (50) and sixty (60) acres. Staff identified three potential sites. The sites include Quantum Park, the Klatt property on Congress Avenue and the Tradewinds property on Woolbright Road. All sites were presented to the School Board, and the Quantum Park site was selecteid. Although this site is somewhat smaller, the drainage and improve- ments are located off site of the property, The City Commission discussed, at length, the economic impact of a high school; however, they believe the quality of life issues involved with having a high school within the City far outweigh the loss in tax revenue which would have been received by any of the parcels. The location of this high school fits in with the Quantum Park concept in that the research and industrial use will tie in and the other users in the Park will becomepub!lic/private partnershiPs with the School. Motorola will be supporting this school as a math/science center. They will be contributing teacher tKaining at their site. This will be the first program of its kind in Florida, and possibly the nation. The School Board and Motorola are working on an early admissions program, or guaranteed admissions to MIT as a completer to the entire feeder system. Staff is very excited about the opportunities this high school wi!ll bring into the City. It is felt that it will produce an enhanced quality of life within the City. In response to a question from Mr. Golden, Ms. Parker said the actual price of the property is $3.4 million. The negotiated price is less than the Congress Avenue site, and slightly less than the Tradewinds site. ,,~ Mr. Golden questioned whether or not other sites within the Park were investi- i g~ted, particularly the office area in the northern section. Ms. Parker said ~ ~ the entire layout of the Park was reviewed. There is a problem with the depth of the lots in the area where the City's park will be built. The only other -7- HINUTE$ - PLANNING AND DEVELOPHENT BOARD 14EETING BOYNTON BEACH, FLORIDA I~RCH 8, 1994 site available was a prime location fronting on 1-95 and Gateway which was out of the price range. She further advised that this site has lower costs than the Congress Avenue site and the Tradewinds site because the infrastructure is already in place. Mr. Davis asked Ms. Parker if the City has reevaluated to determine what proj- ects will be delayed because of the loss of taxes. Ms. Parker said Quantum Park has been in existence for ten years now, and nothing has been built on this site. To try to project when the lots may sell and build out is not possible. If the lots remain vacant for the next ten years, the City would not realize those ad valorem taxes for that amount of time. Mr. Golden feels that the original reason for this Park was to diversify the tax base. He feels that using this amount of land for the school rather than industrial use might constitute a significant change. Ms. Parker said the City is betting on the fact that the school is here and now and the math/science program can be put in place within the next two years. It is hoped that the publicity of such a program will help to sell other parcels in the Park and other subdivisions in the City. Mr. Golden ~sked for clarification on the math/science magnet program. Ms. Parker advised that this program was put together by the Education Advisory Board, Chamber of CoFr~nerce and Motorola in conjunction with the City, and it was presented to the School Board. This came about when the School Board agreed to the magnet program at Poinciana School in an effort to keep the school open and racially balanced. The Chamber of Commerce has had a mentor program at Congress Middle School for the last five years with a math/science focus. Mr. Golden asked about the types of jobs which will be generated by this type of program. Ms. Parker said the curriculum has not yet been developed. The school is approximately two to three years away from opening. The School Board uses the construction timetable in determining when the curriculum should begin to be developed. The curriculum will be broad based so that general education will also be available at this school. Mr. Collins explained the teacher training pKogramwhich is available at Palm Beach Lakes High School. There are approxi- mately seventy (70) students in the program, but there are 2,600 students on the campus. The program is like a school within a school. Mr. Weigle feels students are left behind in these programs. It is his opinion that Motorola is selling a program which has never been tried before. His daughter was part of the IB program at Atlantic High School. A lot of money was spent, and many things were done for that program, and it received all of the publicity, while other problems were covered over. He feels these types of programs take care of students who are more intelligent and willing to adapt, but nothing is being done for the average student. Those average students have to deal with subaverage students who are detrimental to the learning process and are troublemakers. Mr. Weigle does not see the need for a math/science magnet, but does feel there is a need for programs for average students. He also feels this is a disservice to the average students who never get into these programs. Mr. Weigle also questions how any student can be guaranteed entrance into MIT. He does not see how the road situation can work and pointed out that at 2:30 p.m., there wilt be unbelievable traffic situations at the intersection, and he feels many problems will be experienced. Mr. Collins agreed that the road must be eliminated. -8- HZXUTE5- PLAXXZNG AND DEVELOPHENT BOARD HEETZNG BOYNTON BEACH, FLORZDA I~CH 8, 1994 Mr. Golden asked for clarification of the establishment of the Community Development District. Ms. Parker advised that the City Commission approved the Community Development District over a year ago. Quantum Park has just issued the bonds and made it official last week. Mr. Golden inquired whether or not this school proposal fits in since Quantum has restricted covenants. Ms. Parker said the sales agreement between Quantum and the School Board contains caveats as to which restricted covenants will apply. The seller is handling the assessments for the School Board so that there will be no bond assessments. Jim Wll)ard, attorney, Shutt$ and Bower, represented the applicant. He advised t--~t the applicant is r~inTthat a determination be made that the proposed change to the DRI is not a substantial change to the DRI, and issue an amendment to the DRI altering the master site development plan. During the preapplication conference, a proposed amendment to the Development Order was incTuded with the application, along with a traffic study. The orig~- hal traffic study focused on the impacts of changing the land use to a high school. The applicant was asked to do a revised traffic study for the entire DRI project usqng the 5th edition ITE, including a P.M. and A,M. peak hour analysis. That study has been completed and a final copy is being submitted to all of the regulatory agencies. In comparing the existing approved project to the proposed high school project, the results are as follows: On a daily trip generation basis, as approved, the project currently is anticipated to project 46,737 average daily trips. With the high school, it would generate 46,635. On the A.M. peak hour, instead of 4,528 trips, the high school will produce 5,162. This will result in a greater impact in the morning, but on the P.M. peak hour, the impact is less with 5,500 versus 5,700. Based on this study, the applicant does not feel there is any significant impact between the high school or the original plan. With regard to the acreages mentioned by Chairman Lehnertz, there are errors which add up to five acres. The applicant will have those figures corrected and the information will be given to Ms. Heyden. At the Technical Review Committee meeting, the primary issues were access through the site and the closing of a portion of Park Ridge Boulevard. The two concerns the School Board had when they offered to purchase the site were the closing of the road to protect the campus and their refusal to pay assessments. The applicant has eliminated the assessments and modified the covenants. Mr. Hernandez, along with the School Architect, met with the City's Fire and Police and will explain the results of that meeting. He will show how the plan has been revised to provide for the closing of the street as a public thorough- fare, while still maintaining the roadway so that Fire and Police can traverse the site and have access onto the site in cases of emergency or to obtain access to the eastern end of Quantum Park. -9- NTNUTE$ - PLANNING AHD DEVELOPHENT BOARD HEETIHG BOYNTON BEACH, FLORIDA MARCH 8, 1994 Mr. Golden questioned whether or not the traffic impact analysis included a review of the traffic flow and movements, and closure of Park Ridge Boulevard. Mr. Willard stated that such a review was made and as a result of the City's request, the applicant has expended additional funds to have the traffic con- sultant do an intersection analysis of Gateway Boulevard and Park Ridge Boule- vard to determine when a signal may be warranted. Mr. Golden was advised that the County and City Engineer will review the results of the revised analysis. Mr. Dub~ pointed out that analyses are fine when one is dealing with cars; however, dealing with buses is totally different. He referred to the traffic situation at Congress Middle School when the school day ends. There is a steady stream of buses which seriously delays traffic. Mr. DubA explained that all of the school buses for this proposed high school will be entering and exiting on Gateway twice each day. Mr. Weigle asked for clarification on how the trips are calculated. He explained that, for various reasons, students create additional trips. He suggested going past Atlantic High School at 2:30 p.m. for a more accurate study. He does not believe the traffic studies. Mr. Weigle feels this is a bad situation of cramming a school into this area. ~Hernandez~ Government Llatson~ Planntng& Real Estate Department~ The chool Board of Palm Beach County, advised that 't~o~ion for this school is tremendous. The School District is now expecting 5,000 new students to be entering the school system. Educational facilities are long overdue in Boynton Beach. The School Board of Palm Beach County is investing several million dollars in the math/science program at Poinciana School in an effort to improve the school facilities. Implementing such programs is experimental and provides a learning experience. The School Board is interested in providing Boynton Beach with a full Kindergarten through Grade 12 education system which will afford the students the opportunity to advance at the public education level. There is no intent to leave the average student behind. The encouragement of Motorola is a driving force with the School Board. Motorola will be making their facilities and mentoring staff available for the students. The curriculum for the Poinciana magnet program is ahead of the building program, The Starmaker Program at Congress Middle School will be augmented and this new program will be added at the high school level. These are educational experi- ments, but the School Board is willing to try them. Mr. Hernandez pointed out that staff had problems with traffic circulation for emergency vehicles. They were very concerned about breaking off the road. The School Board is concerned with traffic signals at the north and south accesses to the site. They are willing to accept any traffic signals the County will supply. A study will be done and if the warrants are supplied, the School Board will move forward with installing traffic signals. There will be approximately 2,000 students at this school. Each school bus will carry between fifty (50) and fifty-five (55) students. It is anticipated that approximately 500 to 800 students will drive to and from school. Mr. Hernandez explained that the principal controls the school. That principal will get the students used to regimentation. State law mandates that bus traffic is separated from regular vehicular traffic. There will be enough of a staging area on the site for the buses to enter the bus loop and circulate out. The parents will use the same roadway, but will enter the facility through a dif- ferent driveway. The students will be using still another driveway. - lO - HZNUTE~ - PLANNING AND BEVELOPHENT BOARD MEETING BOYNTON BEACH, FLORIDA HARCH 8, 1994 In order to alleviate the concerns of the Fire and Police Departments, the architect prepared a sketch which shows the points of access for the fire equip- ment. This will be a compact campus which is two stories in height. The school will be fully equipped with a sprinkler system. The plan showed the fire lane which allows the emergency equipment to circulate around the entire facility. To accommodate the hook and ladder trucks and the pumpers, the front of the school has been oriented towards the lake with a large plaza in front of the Administration Building. That plaza will support emergency equipment. This facility will have an open courtyard design. There are stairwells at each of the four corners. Those stairwells provide access points. Prior to this meeting, Mr. Hernandez shared this information with Fi re Chief Jordan who was satisfied with this revised plan. With regard to the design of the closure of the road, there will be further discussions to determine whether or not the Fire Department would prefer the use of bollards. This is still in the preliminary stage and School Board staff will meet with them again to alleviate any concerns. Regarding assurances of the site plan, Mr. Hernandez explained that they use the Local Government Comprehensive Planning Act and the Intergovernmental Coordina- tion Act to resolve any problems. The School Board has an attitude of coopera- tion. Meetings will be held with professionals to gather input on the site plan, and with the community regarding curriculum. Mr. Golden expressed concern about existing and future industrial land uses, particularly Safety Klean, regarding potential hazards and vandalism. Mr. Hernandez explained that this was a Fire Department concern. It is to the School Board's advantage that there is clear access to that area. Mr. Hernandez feels the existence of Safety Klean will assist in environmental education and he is interested in adding this to the curriculum. Chairman Lehnertz pointed out that there is no evidence of any fencing around this site. Mr. Hernandez said the school is secured so that there will be access to the parking lots and outdoor recreational facilities, but the campus cannot be entered. The access points will have overhead gates which will be locked so that no one can enter the courtyard. The stairwells will also be locked in the evenings. The perimeter of the school will be fenced. Mr. Dub~ asked if the school will be named, "Boynton Beach High School". Mr. Hernandez explained that the site is now called High School III. Mr. Collins said the principal will be mandated to select a name which must be approved by the School Board. Ms. Heyden advised that the City Commission approved a Resolution to support the name "Boynton Beach High School" Mr. Davis asked for assurances regarding how the residents of Sky Lake will be protected. Mr. Hernandez said Sky Lake is to the south of the school. Sur- rounding the campus to the south and west is the C-16 Canal. That canal is approximately 300' in width including the right-of-way. There will be two ball fields built on the south. They will not be lighted fields. They will be used by the gym classes. There will be berms and landscaping to meet the Code. - 11- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 8, 1994 In response to Mr. Davis' question, Mr~. Hernandez advised that discussions are ongoing with the architects at the present time. It is necessary to meet with LakeWorthDrai.nage District andl;Sou~h Florida Water Management Distric~ regarding the berms. The School Boardwitl proposeberms 8' to 12' high with hedge materials. Mr. Davis questionad whether any consideration had been given to moving the football field to the property located on the north. It is an option, but it is very expensive. Mr. Hernandez is trying to get the School Board to consider this option and will relay this suggestion. Chairman Lehnertz reminded the members that their responsibility is to make a recon~endation on whether this proposed school constitutes a substantial change to the previously-issued Development Order. He also reminded the members that if this request is approved by the City Commission, the School Board can do whatever it wants with the site plan. William Gulbrandsen, Training Officer, Boynton Beach Fire Department, said the Fire Department became involved in this when it was asked to evaluate the hazard impact of a school close to Safety Kleen. There is no foreseeable problem with Safety Kleen as far as its proximity to the school. Safety Kleen is a transfer facility for mineral spirits. Safety Kleen also stores waste oil on site, until it is trucked out for recycling outside the State. The facility is very secure. The trucks are kept in a secured area which is gated, equipped with an alarm systemand has a watchman. With regard to the roadway, the Fire Department was concerned with access to the campus and adjacent properties. The Fire Department is not demanding that the roadway remain open; however, they need access to and through the campus. The original plan did not allow adequate access; however, changes have been made following meetings with Mr. Hernandez and representatives of the School Board. The Fire Department feels the through fire lane will supply the access needed. Mr. Gulbrandsen also f~els that the through fire lane will improve response time to the school and adjacent properties by eliminating commercial and private traffic on the road and restricting it only to emergency vehicles. Where the road is closed off, the Fire Department is seeking a means by which the emergency vehicles can achieve access in times of emergency. The bollards will not cause any damage to the Police or Fire vehicles. The plaza will provide access to other areas of:the school. The Fire Department is pleased with what Mr. Hernandez has presented this evening. Chairman Lehnertz questioned the type of barriers to be used on the east end to stop traffic from going onto the school grounds while still allowing access by emergency vehicles. Mr. Gulbrandsen said the School Board has been given a gate standard. There could be access through a key pad or it could be something as simple as pylons. In response to Mr, Golden's question, Ms. Parker advised that Publix has no problem with the closure of this road, Safety Kleen could not be reached for comment in time for this meeting, and the owners and Southeast Atlantic had no objections to the closure. - 12 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 8, 1994 In summary, Mr. Willard requested a motion to approve the DRI application as submitted. If conditions or recommendations are required, he asked that they be listed separately. Under the Statutes governing DRIs, this proposal does not meet any of the thresholds to constitute a substantial deviation. Mr. Davis asked for clarification of the criteria. Mr. Willard explained that in 380.06, Subparagraph 19 lists a series of different changes to land uses which would constitute substantial deviation. There are threshold numbers and if the originally-approved plan is changed by a certain percentage, that would add additional parking spaces, trips, square footage or acres. In each case, a threshold may be triggered which automatically makes it a substantial deviation. Mr. Willard reminded the members that no additional acreage is being brought into this proposal. They are offsetting the impact of the high school by the decrease of the industrial and research and development land uses which currently exists on the forty-six (46) acres. The government/institutional land use category does not have a threshold under the Statute that can be exceeded. The applicant has not exceeded any of the criteria in the Statute to automati- cally make this a substantial deviation. Unless there is a~major material regional impact, it is incumbent upon the City to determine that it is not a subs~an~ial deviation. This application meets a timetable which will allow for closing of the pYoperty in late May. Mr. Golden feels that as far as the DRI is concerned, this proposal will lessen impacts. He further feels the school will be an asset to the City and the magnet program has potential. However, he is concerned about this particular site for the school. Further, the Board should have been provided with the traffic study and the DRI documents. It is a substantial deviation from the PID master plan for Quantum Park and there are technical issues which have not been addressed. Mr. Golden is doubtful whether this school will be beneficial from a fiscal standpoint. Mr. Davis stated that it may not exceed thresholds for substantial deviation, but he would have liked to have seen that information in the back-up material. He feels this is a major change because the applicant is cutting one of the main thoroughfares in the DRI with no provision for flow. He did not hear or see any good alternative and feels this is a substantial deviation. Mr. Weigle agreed with Mr. Davis' comments. The applicant is cutting off a main thoroughfare through the site. Safety Kleen should have been contacted for input. There is also the addition of a land use category which did not exist previously. He could not justify this not being a substantial change. Mr. Collins feels the School Board has made a commitment to the City of Boynton Beach to place a high school in the City. It is important to remember that although not all things will work out to everyone's satisfaction, the school will be a benefit to the City. It will also offer the community a sense of pride which has been missing. The School Board is trying to save the taxpayers money by putting the school in this area. Mr. Collins will support this project since he feels it is progress in motion. Mr. Dub~ agreed with Mr. Collins' comments. The name of the school is not important, but having a school in the City is important. Mr. Dub~ will support this project as long as the Fire Chief supports it. - 13 - M~NUTE$ - PLANNING AND DEVELOPMENT BOARo MEETING BOYNTON BEACH, FLOR)OR MARCH 8, 1994 Vice Chairwoman Huckle is in favor of this project and feels it is an excellent proposal. The fact that the use is different from originally anticipated is not a problem. She feels it is a good concept and a good plan. Mr. Collins further pointed out that this high school and the middle school would be tied into the saving of Poinciana School. The School Board has made a commitment to preserve that school and it is an institution Mr. Collins does not want to see lost. Chairman Lehnertz feels the School Board has made a point of saving taxpayer dollars and has made a good faith eYfort to solve many of the problems which existed. The school and program sound exceotional. Chairman Lehnertz feels Boynton Beach needs a school within the City limits. However, Ne does feel that aesthetic considerations are necessary. This is not the best place for a school. He feels the Congress Avenu~ site would have been better. He has many problems with the Quantum site, particularly regardin~ aesthetics. Motion Mr. Collins moved to reconTnend to the City Commission that the proposed amend- ment to the Development Order is not a substantial change. Ms. Huckle seconded the motion. Mr. Weigle feels this is an emotional issue, but the Board must remember that its responsibility is to determine whether or not this is a substantial change. Ms. Parker advised that as far as the other sites are concerned, it was staff's recommendation that the Congress Avenue site was the first choice. The price of that site was almost double the price of this site. In addition to that cost, the off-site traffic improvements were over $1.5 million, which the School Board would not approve. The community surrounding the Tradewinds site was not in favor of the placement of a high school because of the lighted football fields. At this point, the School Board has determined that the Quantum site is the only one they will consider within the City. Mr. Dub~ feels the only real change to the site has been the road, and that problem has been solved. The motion carried 4-3. (Messrs. Weigle, Golden and Davis cast the dissenting votes.) Motion Mr. Dub~ moved to recommend to the City Commission ~o accept all staff comments with the exception of the road closing subject to the compromise worked out between the School Board and the Fire Department. Mr. Collins seconded the motion. ~ Mr. Davis clarified staff comments on Page 5. The recommendation was for a I finding of no substantial deviation and retaining Park Ridge Boulevard as it .... currently exists or providing an alternate right-of-way. Chairman Lehnertz pointed out that was overridden by the secondary condition of accepting the compromise. - 14 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTOH BEACH, FLORIDA HARCH 8, 1994 The motion carried 4-3. (Messrs. Weigle, Golden and Davis cast the dissenting votes.) Mr. Golden stated that he is supportive of the concept of a high school in Boynton Beach, but he feels this location will be a detriment to Quantum Park in the future and it will do a "hatchet job" on the PID. Ms. Heyden thanked Jim Willard and the School Board for their cooperation. CHAIRMAN LEHNERTZ DECLARED A FIVE-MINUTE RECESS. B. OTHER CONSISTENCY REVIEW 1. Amendment to the Zoning Code to set forth regulations for boat canopies. Ms. Heyden advised that this amendment is City initiated to address a problem which was encountered when a citizen, who owned waterfront property, applied for permits to build a boat dock with a roof covering. It is construed to be an accessory structure~and would have to meet setback requirements and size limita- tions. This issue was discussed at a City Con,mission meeting, and staff was directed to conduct a study of the pros and cons of allowing boat shelters. A motion was made to allow the shelters subject to the following: 1. Boat shelters shall be designed and constructed to meet the applicable wind load requirements; e boat shelters shall be designed and constructed with a pipe or wood frame for a canvas canopy which shall be completely open on all sides, so as not to obstruct the waterfront view from adjacent properties; 3. boat shelters shall be designed and constructed no larger than two-thirds the full size of the width of the dock area; and the boat shelter side setback shall be no less than the principal building side setback required for the zoning district in which the principal building is located. Staff prepared the language to be included in the revision to Section 4.B., "Accessory Buildings". This language will include the phrase, "excluding boat shelters" in the first sentence. Further, the second sentence of Section 4.J., "Other Structures" will read, "The following structures, separate and apart from those listed under Subsection B, Accessory Buildings, of this section, and Subsection O, Boat Shelters, of this section, shall be permitted in front, rear or side setbacks as provided in this ordinance, in any zone, except where so noted; taking into consideration existing easements". Staff created Section 4.0, "Boat Shelters", which reads as follows: "Boat shelters in residential districts or in Connection with residential uses shall be constructed in accordance with the following limitations: - 15 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA HARCH 8, 1994 1. Boat shelters shall be designed and constructed to meet the applicable wind load requirements; 2e boat shelters shall employ post and beam type construction covered with a canvas canopy which shall be completely open on all sides, so as not to obstruct the waterfront view from adjacent properties; 3e the width, setbacks and distance separation for boat shelters constructed within property lines, shall be determined as follows: Boat shelter width shall be no larger than two-thirds the combined width of the dock and the slip. Boat shelter length shall be no greater than the length of the slip, including the width of the dock adjacent to the shoreline. be The boat shelter side setback shall be no less than the principal building side setback required for the zoning district in which the principal building is located. No rear setback shall be required. Ce Boat shelters shall be located only in the side or rear yard at least twelve (12) feet from the principal build- ing. The width and setbacks (distance separation) for boat shelters constructed seaward of the bulkhead line, shall be determined as follows: Boat shelter width shall be no larger than twice the width of the dock and no longer than the length of the dock. b. Boat shelters shall be located at least twelve (12) feet from the nearest structure on shore." Mr. Golden suggested #1 under Section 4.0 be changed to Building Code require- ments rather than wind load requirements. Chairman Lehnertz would like the boat canopies restricted to white or light colors to minimize their intrusion. Mr. Weigle would like language included that mandates the canopies be totally maintained without rips, tears or fading whatsoever. Mr. DubA pointed out that Code Enforcement handles that end. Mr. Davis questioned why these canopies are limited to canvas. Ms. Heyden explained that a canvas roof can be removed in a storm. Ms. Heyden also con- firmed for Mr. Davis that the shelter will be open on all sides. Vice Chair- woman Huckle clarified that a canopy generally implies a slight overlap. Attorney Cherof advised that the intent was that the canopy not have any sides at all. He feels that the language "no fringe" should be added. Mr. DubA feels it reads quite clear since it states "completely open". - 16 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA l/ARCH 8, 1994 Mr. Davis questioned whether or not the shelters are to be only over the dock. Ms. Heyden explained that staff specifically distinguished between those shelters constructed within the property line, which would include the water area and the dock around the area, versus those at the bulkhead line. having to mends not trouble. Mr. Davis explained that he has had experience permitting docks and anything do with waterfront view. These are very "hot" topics and he recom- allowing anything to be constructed in order to save the City a lot of Vice Chairwoman Huckle agreed with Mr. Davis' comments and also feels that this small piece of top canvas will do nothing but cause an irritant. Mr. Weigle addressed Comment #2 under Section 4.0. He stated that post and beam construction is not the same as pipe and canvas, and he feels Vice Mayor Aguila's direction was for pipe and canvas construction. He suggested Comment #2 read as follows: Boat shelters shall employ pipe and canvas construction, open on all four sides, covered with a canvas canopy which shall be maintained so as to have no tears or fading, and so as not to obstruct the water- front view of adjacent properties. Mr. Davis spoke of marginal docks and suggested reviewing the language to ensure that this configuration is included. Chairman Lehnertz feels Comment #3.a. covers Mr. Davis' comment. Discussion ensued about this type of dock. Attorney Cherof confirmed that the Board would like to include words of limitation so that the least intrusive canopy is permissible, and stated that he will come up with the language. Notion Mr. Davis moved to find that the proposed amendment is consistent with the COmprehenSive Plan subject to staff comments and Board recommendations. Mr. Dub~ seconded the motion, which carried 6-1. (ViCe Chairwoman Huckle cast the dissenting vote.) Motion Mr. Davis moved that we advise the City Co~ission to reconsider whether or not they even want this, and perhaps they should consider complete prohibition of boat canopies. Vice Chairwoman Huckle seconded the motion. Mr. Golden has aesthetic concerns about these shelters and feels they can get out of hand. Vice Chairwoman Huckle agreed. Chairman Lehnertz felt the motion needed to be more substantive. Nnended Motion Mr. Davis amended his motion to recommend that the City prohibit boat canopies. Vice Chairwoman Huckle seconded the amended motion. The motion carried 7-0. - 17 - HIHUTE$ - PLAI'IH}*HG AND DEVELOPMENT BOARD MEET]*NG BOYNTON BEACH, FLORIDA HAP, CH 8, 1994 Amendment to Chepter 7.5, Article I - Tree Preservetlon of the Code of Ordinances, to set forth a permlt procedure for remove1 of exotic plent species. Ms. Heyden advised that this is a City-initiated amendment to Chapter 7.5, Article I, Tree Preservation, to set forth a permit procedure for removal of exotic species. Our current policy does not require a clearing permit for re- moval of exotics, or inspection by the City Forester to make sure only exotics have been removed. Staff prepared the amendment which will encourage removal of exotics but not be onerous. A nominal fee will be included and it will provide a record of the clearing and an inspection. When the exotics are removed, if no development of the parcel is to occur, seeding and mulching would be required. The policies regarding seeding and mulching are in the Comprehensive Plan, but have not been codified to date. Staff recommends that a determination of consistency be made. Vice Chairwoman Huckle would like the language to include requirements for re- moval of these exotice from private property. She pointed out that there is nothing Code Enforcement can do on residential property. Mr. Golden agreed that anything which can be done to eliminate the exotics would be desirable. Chairman Lehnertz questioned how the Board could recommend a requirement for removal of exotics. Attorney Cherof felt this was a separate issue, and he will bring something back at the next meeting in draft form. He explained that some cities in Broward County require removal of exotics. Motion Mr. Dub~ moved that this Ordinance is consistent with the Comprehensive Plan. Vice Chairwoman Huckle seconded the motion. Mr. Davis advised that he has a copy of the permit conditions which the County uses. He will give a copy to staff for incorporation. Mr. Davis asked that Acacia be added to the list of exotics to make it con- sistent with what other jurisdictions are currently doing. This is one of the top four prohibited, and invasive non-native species. The motion carried unanimously. COMMEN~S BY MEMBERS Since this meeting was the last meeting of the present Board members, Vice Chairwoman Huckle commended Ms. Heyden for doing an excellent job as Acting Planning DirectOr. She also specifically requested that the record reflect the excellent job the Recording Secretary has done on the minutes. In response to Mr. Golden's question, Ms. Heyden advised that staff is working on the Land Development Regulations. Since January, workshops have been held With the Technical Review Committee. The TRC is reviewing each Regulation, and - 18 - H~NUTE$ - PLANNING AND DEVELOPNENT BOARD HEETI'NG BOYNTON BEACH, FLORIDA NARCH 8, 1994 identifying problems to be addressed. General recommendations have been made. The City Commission has received copies of those recommendations. In approxi- mately two months, there will be a presentation to the City Commission. It is hoped that at that point, the group will break down into subgroups and work on drafting the language. Mr. Davis announced that this is Ms. Huckle's last meeting. He thanked her for the knowledge he has gained from her, and stated that she will be missed. The other Board members agreed with his comments. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 10:25 p.m. Recordi ng Secretary (Three Tapes) - 19 -