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Minutes 06-08-93MI~TE~ OF THE PLANNING AND DEVELOPMENT BOARD MEETING COMMISSION CHAMBERS C MELD . , ~TY HALL, BOYNTON BEACH PLO TUESDAY, OUNE 8, 1993, AT 7:00 P.M~ REDA, ON ~RESENT Gary Lehnertz, Chairman Marilyn Huckte, Vice Chairwoman Nathan Collins Mikel Jones (arrived late) Bradley Miller Bradley Weigle Paul Davis, Alternate ABSENT Christopher Cutro, Planning and Zoning Director Mike Naag, Zoning and Site Dev. Administrator Michael Rumpf, Senior Planner Tambri Heyden, Senior Planner James Cherof, City Attorney Ken Jones (excused) 1. PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:11 p.m. and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION OF~AYOR~ COMMISSIONERS _AND BOARD ~EMBERS Chairman Lehnertz acknowledged the presence in the audience of Commissioner Natson and introduced the Board members. 3. ~GENDA APPROVAL Ms. Huckle moved the approval of the agenda. Nr. Weigle seconded the motion which carried 6-0. 4. APPROVAL O.~F MINUTES Mr. Davis asked that Page 9, Paragraph 3 be changed to read, "Mr. Davis made a request that the carrot wood trees be replaced with large pine trees to semi- compensate for rer~ovin~ t--~-large ~ine trees." Ms. Muckle moved to approve the minutes of the Nay 11, 1993 meeting as amended. Nr. Collins seconded the motion which carried 6-0. 5. ~OMMUNtCATIONS AND ANNOUNCEMENT~ Cutro announced a meeting to be held on Thursday, June 17, 1993 at 6:00 p.m. in the Library Meeting Room to discuss the Ocean Avenue Corridor from Seacrest Boulevard to the Zntracoastal Waterway. This will be an opportunity to discuss possible physical improvements as part of downtown redevelopment. A. ~EPORT OF THE ~LANNING AND.~ONING ~EPARTMENT Mr. Cutro reported on the follDwing City Commission actions: *should read, "Ken Johnson" N~NUTE.5 . PLANN!NG AND DEVELOPI, IENT BOARD NEET~NG BOYNT~ eE~H, FLORIDA ~IUNE 8, 1993 Apri] 20 April 20- April 20 - April 20 - April 20- May 18 May 18 May 18 May 18 May 18 May 18 June 1 June - Approved the Pollo Tropical site plan and the Community Design Appeal. Some minor changes were made to the plan and comments were made regarding the sign on the Side of the building; however, that will be taken care of during the permit Process. Approved the master plan modification for Shoppes of Wool- bright to enlarge garden center as well as for additiona! driveways and the setback for the gas station canopy. Approved the site plan for the Racetrac gas station at the northwest corner of Woolbright Road and SW 8th Street with some minor additions of landscaping. Approved the Barnett Bank major site plan modification. Denied the site plan for the Waffle House based on a recommendation made by the Planning and Development Board. Approved on first reading, the Annexation/Lan!d Use Amendment/Rezoning for the two parcels known as Newport Place. Approved the abandonment of 241 feet of NE 5th Avenue Approved the alley abandonment behind 925 North Federal Highway Approved the site plan for the Ambulatory Surgical & Endoscopy Center at the northwest corner of Golf Road and Seacrest Boulevard Approved the adjusted site plan for the Boynton Beach Promenade as well as the Community Design Plan appeal at 901 North Congress. Approved the one year time extension for the Exxon gas station located at the southeast corner of Congress Avenue and Woolbright Road Reviewed an appeal of the Boynton Seacrest requirement for 25 percent preservation. The requirement for pre- servation was upheld. The Commission approved the project subject to the conditions including the 25 percent preservation. The Annexation/Land Use Amendment/Rezoning for Newport Place were approved on second and final reading. -2- HINUTES - PLANNING AND DEVELOPHENT BOARD HEET~NG BOYHTON BEACH~ FLORIDA ~UNE B, 1993 In response to Mr. Weigle's question, Mr. Cutro advised that Exxon will not be cited because their site is paved. Me requested that Exxon close the driveways. They are getting approval to get that accomplished. Code Enforcement has been asked to notify the owner of the remainder of the property to cut the weeds. If the weeds are not cut after approximately three weeks, the City will mow the lot. B. OLD BUSINESS None 7. NEW BUSINESS A. PUBLIC HEARING _A~..~XATION/LAND USE ELEMENT AMENDMENT/REZONING COMPREHENSIVE PLAN TEXT _AMENDMENT 1. Project Name: Agent: Owner: Location: Description: Loo$ Property Kieran J. Kilday Kilday & Associates John T. Loos An 18.69 acre parcel on the west side of Congress Avenue approximately ~ mile south of Golf Road Request to show annexed land as Moderate Density Residential, to rezone from AR {Agricultural Residential) in Palm Beach County to R-1 {Single Family Residential), and to amend the text of the Comprehensive Plan Future Land Use Element, Planning Area 8.d. Michael Rumpf made the presentation and explained that the adjacent land uses include Silverlake Estates to the north, multi-family units of Golfview Harbor to the nOrtheast/east, industrial Property to the southeast, Manor Care Nursing Home to the south, Chanteclair Villas to the southwest, and vacan~ Palm Beach County property to the west. This annexed prOperty would be reclassified from MR-5 (Medium Residential) in Palm Beach County to Moderate Residential and be rezoned to R-1 (Single-Family Resident~:at). The City's land use map designates this Property as Low Density Residential. This request WOuld increase the maximum gross density allowed of 4.84 dwelling unitSper acre to 7.26 units per acre. This would represent an maximum increase from 93 dWelling units to 135. Staff reviewed the following major considerations: 1. the variation in adjacent land uses and land use patterns; 2, the potential impact of adjacent land uses upon the Subject property; -3- HINUTE$ - PLANNIIqG AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORZDA ,,1UNE 8, 1993 3. the most appropriate land use given the type and variation of adjacent land uses; and 4. the size of the subject property and proximity to Congress Avenue. Secondary considerations included: 1. consistency with the Comprehensive Plan and Policies; 2. the City's need for additional housing; and 3. the increased impact on services created by the additional dwelling units. Although the Solid W~ste Authority objects to the amendment, this objection is contingent upon an increase in the solid waste being projected. Mr. Rumpf pointed out that this property received its low density classification to assure consistency with the adjacent low density subdivision to the north. The property is currently being used as a buffer for the adjacent neighborhood. Mr. Rumpf feels this does not appear to be equitable land use planning and thinks alternative land uses should be considered for the use. The Planning and Zoning Department recommends that the application be approved based on the following: The subject property is contiguous to the corporate limits and is located within the City's Reserve Annexation area; 2. The proposed amendment would be consistent with applicable Compre- hensive Plan objectives and policies; The proposed amendment would not be contrary to an established land use pattern, nor would it create an isolated district un- related to adjacent and nearby districts, nor would it constitute a grant of special privilege to an individual property owner; 4. The requested land use and zoning would be compatible with utility systems, roadways, and other public facilities; The proposed land use and zoning would be compatible with the current and future use of adjacent and nearby properties and would not affect the property values of adjacent or nearby properties; The applicant has indicated that the property would be more physically and economically developable under the proposed land use and zoning, and The proposed land use and zoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. -4- HINUT~- PLANNING AND DEVELOP~NT BOARD MEETING BOYNTON BEACH, FLORIDA ~UNE 8, 1993 Ms. Huckle asked Mr. Rumpf to expand on the Solid Waste Authority's position. He explained that Solid Waste has taken on a policy based on their inability to imPlement their master plan, They can't assume that future increases can be accommodated. By State law, they must accommodate all solid waste. They have stated they would not oppose this if the total waste would not be increased, Mr. Davis wondered if the properties to the west would become landlocked. Mr. Rumpf advised that attempts have been made to assemble the properties, but those attempts have been negative. However, Mr. Rumpf does not believe they would be landlocked because of the ability to cross the canal at a western point. Kieran Kilda~/, of Kilday & Associates Land Planners, represented the applicant ~-8-~-~. George McArdle of Gemstar Homes, the developer of the: property. Mr. Kilday stated that at one time, rental apartments were proposed for this site. That appti:cation was withdrawn because of concerns for the surrounding com- munities. While the current application requests a higher density than the pro- perty to the north, it requests a lower density than the adjacen: properties to the south and east. This application will represent a transition. The applicant plans to annex subject to R-1 zoning end submit a Planned Unit DeveloPment application in the near future with a specifi: site plan. With R-1 zoning, a guarantee can be made that single-family homes will be built on the property. Hr. Kilday stated that a canal exists to the south of this proper:y and Silverlake Estates is to the north. Buffering would be required between the propemty and Silverlake Estates. He contacted Mr. Saberson, a resident of Silver~ake Estates to discuss buffering. Mr. Kilday plans to meet with Silverlake Estates residents prior to submission of a PUD application in order to address the issues of buffering, the circulation system and the types of homes which will be built. Mr. Kilday has been in contact with Mr. Sukoff who is the owner of a nine-acre parcel to the west of this property. Mr. Sukoff indicated a willingness to annex into the City. However, by the time contact was made with him, the window of opportunity was closed, and Mr. Sukoff will have to follow at a later date. The owners of the four-acre site on the northwest are not interested in annexa- tion or master planning. ~r. Weigle asked for clarification on the type of homes proposed. Mr. Kilday stated they would be single-family detached homes on zero lot lines with an anticipated starting price of $100,000. Roger Saber$on, 2740 Cranbrook Drive, resident of Silverlake Estates, feels when the City adopts the annexation and the Comprehensive Plan amendment, the PUD should be adopted at the same time along with any agreements worked out between the parties. He feels the residents of Silverlake Estates need an opportunity to learn more about this project. While this application is being reviewed by the Department of Community Affairs, the residents of Silverlake Estates can meet with the developer to address issues which have been raised. -5- NINUTE$ -PLANNI'NG ANO OEVELO~NT BOARD HEETIHG BoyNTON BEACH, FLORIOA JUNE 8, 1993 Mr. Kilday stated that while this is being reviewed by the State, a PUD plan will be developed. The applicant wilt not annex into the City until he knows he has a plan he can proceed with. In response to Mr. Miller's question, Mr. Kilday said the R-I category minimum lot size is 6,000 square feet. As a PUD, the applicant will request adjustments on lot shapes and sizes. The builder has built zero lot line homes as small as thirty-six feet and as large as fifty feet. Mark~ 2726 SW Cranbrook, has property which abuts this proposed site. He ~pposed to increasing-the density to more than five units per acre. Further, the southeast corner of the Silverlake Estates property contains a pumping sta- tion for sewage. At least three times a year, a major blockage takes place. Increasing density will worsen this situation. He pointed out that 169 lots exist in Silverlake with 167 built on. The proposed plan shows property which is 25 percent of the size of Silverlake with 136 dwelling units proposed. He does not feel this project would enhance his property value. 4o~1~ 2710 SW Cranbrook Drive, would object to the construction of a road on the southern border of the site and Silverlake Estates along with power transfer lines and the high density. Dick Turner~ 2720 SW 23rd Cranbrook Drive, does not feel the density should be increased because the City is running out of room. It is important to consider items such as classroom sizes, police services and electrical services. Maintaining a low density will help the City because greater tax per individual will be paid to the City. He feels low density areas should be considered. WITH NO ONE ELSE WISHING TO SPEAK, THE PUBLIC HEARING WAS CLOSED, At Mr. Miller's request, Mr. Rump rereviewed the surrounding land uses. After this review, Mr. Miller stated that it was his feeling that this proposed use would be a transition away from higher density to the south and east and pro- vides a planning transition to the lower density of Silverlake Estates. It was established that the homes in Silverlake Estates sell for prices from $140,000 to over $200,000. This proposed project is being held at a bottom price of $i00,000 in order to keep it marketable. Chairman Lehnertz noted that Page 2, Paragraph 7.a. of the backup where the applicant indicated that the R-1 zoning would increase the economic feasibility of developing the s~te. He advised the Board that its members do not owe any land owner a particular rate of return on the money invested. Buying land is sqmilar to buying stock or lottery tickets. Zoning should not be changed to supply someone additional profits above the current zoning. Further, after viewing an aerial photo and the overhead projection, Chairman Lehnertz feels this site is an extension of Silverlake Estates. The canal and road to the south have been used before as buffering zones. Congress Avenue is ailso a buffer. He feels Silvertake Estates would be impacted by the request. If Congress Avenue and the canal were not in their locations, then a transition- a~l zone would be appropriate. He would not have a problem rezoning this to R-1AA or R-iA, but this request cannot be justified. -6- MINUTES - P~ING AND DEVELOPMENT BOARD MEETIHG BOYNTON BEACH, FLORIDA ~IUNE 8, ].993 Ms. Huckle feels challenging the Land Use Plan is a serious matter and changing it would require an overriding situation. Mr. Collins agreed with Ms. Huckle's statement. Mr. Miller asked Mr. Kilday to elaborate on the applicant's buffering plans. An annexation and land use amendment was required with the understanding that a detailed plan would also be required to address the buffering issues. The roads will not connect with Silverlake Estates; therefore none of the traffic will go through that area, The access out of the conmlunity is on Congress Avenue. The applicant plans to include buffers and walls across the east side of the pro- perty along Congress Avenue and additional walls and buffering along Silverlake Estates. In discussions, it was decided that residents concerns would be con- sidered. In order to annex into the City, these issues must be resolved prior to acceptance of the annexation, Mr. Kilday stated that the buffering issues will be addressed during the next phase of the process and he is sure they can be accommodated. Notion Ms. Huckle moved to recommend denial of the application. Mr. Davis seconded the motion. Mr. Davis explained that he feels the Comprehensive Plan should be interpreted conservatively. If the City might not be able to meet the demand for public facilities or undue impacts will be encountered, then the Board should move cautiously. The motion FAILED 3-3. (Messrs. Miller, Weigle and Collins cast the dissenting votes.) Notion Mr. Miller moved to recommend approval of the application to amend the Land Use Designation and zoning subject to a condition that the property be developed as a single-family detached development. Mr. Collins seconded the motion. The motion FAILED 3-3. (Ms. Huckle, Mr. Lehnertz and Mr. Davis cast the dissenting votes.) Chairman Lehnertz questioned Attorney Cherof as to whether or not the Board could recommend rezoning to R-lA or R1-AA rather than R-1. Attorney Cherof explained that the applicant is seeking disposition of his application and the Board cannot rewrite it. He advised the Board to keep trying to make a decision or break it down into subparts. Ms. Huckle wondered if the applicant should withdraw his application. Attorney Cherof explained that the applicant would not be required to do that since the Board is deadlocked and there is no dispo- sition of the application. The applicant would have to reappear before the Boara. This deadlock is an equivalent of a motion to table. Chairman Lehnertz announced that since the Board could not come to a majority decision, the Board would move on to the next agenda item. -7- HINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYHTON BEACH, FLORIDA JUNE 8, 1993 Chairman Lehnertz felt this application should go before the City Commission where they would see that the Board was unable to come to a majority decision. Attorney Cherof clarified that the Board failed on both motions. He explained that the Commission also considers the application at a public hearing and perhaps the Board should consider denying the application and move it forward for the Commission to make a decision. It cannot go forward with a tie vote. Mr. Kilday preferred not to send it forward with a denial because it would be very difficult to explain the circumstances of the denial to the Commissioners who were not present for this meeting. He would prefer to return to the Planning and Development Board and receive a clean decision. Mr. Kilday will meet with Silverlake Estates prior to the next meeting in an effort to be more specific and to clarify some of the issues. Chairman Lehnertz suggested consideration be given to lowering the density. Chairman Lehnertz acknowledged the presence in the audience of Vice Mayor Aguila. ABANDONMENTS Project Name: Agent: Owner: Location: H.W. 3rd ~ourt (Ftrst Bapttst ~urch Walter Bertschinger First Baptist Church of Boynton Beach N.W. 3rd Court, between Seacrest Boulevard and NW 1st Street Description: Request for abandonment of a portion of a fifty (50) foot wide local street right-of-way. Tambri Heyden made the presentation. Since the First Baptist Church owns al,1 of the property on both sides of NW 2rd Court, the abandonment would increase the number of alternatives the church would have for future expansion and site improvements at the existing location. It is recommended that this request be approved subject to the following con- ditions: Dedication of a 10 foot utility easement to cover FPL, Southern Bell and Comcast facilities located within the Subject right-of- way; 2. installation of a new sewer manhole immediately west of the subject right-of-way; and 3. submittal and implementation of a Site plan to remove the pavement and curb cut at the intersection of NW 3rd Court and. Seacrest. In response to Ms. Huckle's question, Reverend Wiley reported that the homes to the north of the Church are not occupied as residences, but used for church functions. -8- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 8, 1993 Walter Bert$chlnger, 2240 Woolbright Road, represented First Baptist Church. He ~uced Reverend Jo--~-~-Wiley. The applicant does not object to the provision of the easement; however, Mr. Bertschinger was in contact with the Assistant Director of Utilities regarding the manhole. The church would prefer to request an easement so as to maintain their option of requesting that the utility ease- ment for the sewer be abandoned in the future if they wish to pursue construc- tion within the right-of-way. They would provide curb and gutter and sidewalk as well as landscaping in the area adjacent to Seacrest. No vehicular access to Seacrest is intended from the site. Chairman Lehnertz clarified that the applicant is disputing the staff comment relating to the construction of a manhole as opposed to an easement. Mr. Bertshinger confirmed that it was not specified by the Utilities Department that the easement was a possibility. However, the Assistant Director explained to him that the Utilities Department would be satisfied with the easement. Mr. Cutro advised that this fact would be verified with the Utilities Department prior to the City Commission meeting. Mikel Jones arrived for the meeting at 8:35 p.m, Ms, Heyden spoke with Utilities about the easement and their only objection was that it would limit them with site improvements because it would run the entire length of the right-of-way. Yr. Bertschinger advised that the church has no plans for development other than internal circulation and possibly some parking at a point within the right-of- way. Using a map, Mr, Bertschinger showed how the abandonment would affect the traffic circulation on the site. Chairman Lehnertz confirmed that the one-way exit going east would be closed off entirely. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING. Motion Mr. Collins moved the approval of the request for the abandonment of a portion of a 50 foot wide local street right-of-way located on NW 3rdCourt between Seacrest Boulevard and NW ist Street subject to all staff comments. Mr. Davis seconded the motion which carried unanimously. Project Name: Agent: Owner: Location: Old Dixie Highway (Oame$ Tltcomb Creative, Inc.) None James and Frances Titcomb 450 feet southwest of the Intersection of Old Dixie Highway and U.S. #1 Description: Request for abandonment of a fifteen (15) foot by 100 foot portion on the south side of an eighty {80} foot wide collector right-of-way, Tambri Heyden made the presentation. The right-of-way abuts the applicant's " artist studio located at 3842 North Old Dixie Highway. This is located within an unincorporated Palm Beach County enclave ~nd within the City's Reserve Annex. ation Area and utility service area. -g- MINUTES - PLANNING AN~ DEVELOPlIENT BOARD NEETING BOYNTON BEACH, FLORIOA JUNE 8, 1993 Mr. Titcomb added an addition for conversion to an artist studio without site improvements required by Palm Beach County. On May 22, 1990, Palm Beach County granted approval for a rezoning from RM - Multiple Family Residential Zoning District (Medium Density) to CS - Specialized Commercial Zoning District and a special exception to permit the artist's studio. Because of the impact the size constraints would have on constructing the site improvements required by Palm Beach County, a special exception was conditioned upon Mr. Titcomb filing an abandonment application for a portion of Old Dixie Highway prior to the County's site review approval, On March 23. 1993, the County granted Mr. Titcomb a one- year time extension to November 22, 1993 to complete all required site plan improvements. Because this link of Old Dixie Highway was not on the Palm Beach County Thoroughfare Right-of-Way Protection Map or the Palm Beach County 2010 Network Plan, the County agreed to change the classification of this section of Old Dixie Highway from Federal H~ghway to Gulfstream Boulevard, from a County collector to a City collector. In December of 1992, staff reevaluated the need for Old Dixie Highway as an eighty foot collector and recommended it be reclas- sified and reduced to a sixty foot wide local street. The City Engineer has read Mr. Finizio's Engineering Department Memorandum No. 93-152 dated June 4, 1993, and continues to recommend that the right-of-way be reduced. Further, FPL has advised that they no longer require an easement. Staff has received a verbal approval of the abandonment from Southern Bell. Staff recommends approval of this request with three conditions: Reduction in the width of the area to be abandoned from fifteen (15) feet to ten (10) feet in order to retain the sixty (60) foot right-of-way recommended by the Engineering Department; 2. applicant's dedication of a ten (10) foot utility easement to cover Comcast and Southern Bell facilities; and applicant's submittal to the Planning and Zoning Department of a completed signature page of the City's annexation form which will be processed with Phase I of the City's annexation program. Ms. Heyden also suggested staff be directed to amend the Comprehensive Plan Traffic Circulation Element to reflect the classification change of Old Dixie Highway and the future widening to four (4) lanes. She also noted that to avoid future piecemeal abandonment applications, the City should consider abandoning the remaining unneeded right-of-way of Old Dixie Highway from U.S. #1 to Gulfstream Boulevard to reduce the width from eighty (80) feet to sixty (80) feet. Chairman Lehnertz wondered what would happen if, in the future, traffic indi- cates that the full eighty (80) feet are required. Bill Archdeacon responded that a sixty ($0) foot right-of-way would still allow four lanes of traffic. It is not anticipated there would ever be a need for more than four lanes. Further, Mr. Cutro pointed out that traffic on Federal Highway has been decreasing. The area around Federal H~ghway is almost totally developed and DOT has no plans to expand Federal Highway in the near future because of the traffic decreases. - 10 - HINb~ES - PLANNING AND DEVELOPNENT BOARD 14EETZNG BO~N BE.aCH~ FLOR]OR JUNE 8, 1993 In response to Mr. Miller's question, Mr. Cutro stated that if a future project requires a turn lane, it might be necessary to place the burden of the property purchase on that developer. Mr. Davis asked if there is a program in place to straighten out rights-of-way. Mr. Cutro explained that there has been an ongoing program of looking at alleys. This is not an unusual situation because in dealing with the first request, it becomes evident that a determination should be made to go ahead with the others. James ~3045 Pinetree Lane, explained how he has proceeded and urged sup- port of his request for approval of this application. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Notion Mr. Miller moved the approval of the abandonment of this portion of Old Dixie Highway subject to staff con]nents. Mr. Weigle seconded the motion which carried unanimously. Notion Ms. Huckle moved to direct staff to amend the Comprehensive Plan Traffic Circulation Element Support Document (Volume I} to reflect the functional classification of Old Dixie Highway as a sixty {60) foot wide local street and the change in the 2010 recommended highway design from a four-lane divided high- way to a two-lane highway as it currently exists. Mr. Collins seconded the motion which carried unanimously. #otioq Ms. Huckle moved that the City consider abandoning the remaining unneeded right. of'way of Old Dixie Highway from U.S. #1 to Gulfstream Boulevard to reduce the width frOm eighty (80) feet to sixty (60) feet. Mr. Collins seconded the motion. Chairman Lehnertz pointed out that although this motion states "unneeded right- of-way", there are areas where there is not enough right-of-way. Mr. Cutro stated a right-of-way analysis would be done. From that analysis, a deter- mination will be made as to where the abandonment can take place. The motion carried unanimously. B. SITE PLAN~ Mr. Cutro expqained that the process for the parks is somewhat different from ~ the usual prOicess. The City Commission has already held a series of public com- munity meetings on both parks. What is being presented is a consensus of the community opilnion. - 11- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA ~UNE 8, 1993 NEW SITE PLAN Project Name: Agent: Owner: Location: Meadows Park Two Jim Park City of Boynton Beach Southwest corner of Congress Avenue and the north entrance to Meadows Boulevard Description: The applicant is requesting approval to construct a 7.19 acre public park. The park will have the fol- lowing recreational amenities: health trail with exercise stations, open play area, playground equip- ment, horseshoe pits, picnic pavilions, basketball, tennis and volleyball court. The park will have as- sociated parking, restroom facilities and landscap- ing, Mr. Haag made the presentation. This property is currently vacant. The entrance to the park will be on Meadows Boulevard. The park will be well land- scaped with trees and berm areas. A fence is proposed at the rear of the resi- dential property. The courts will be lighted for nighttime use. Mr. Miller questioned the need for lighted courts since the park is closed at night. Mr. Frederick advised that the park will close at 9:00 p.m. Ms. Huckl~ did not feel the lighting was sufficient and thinks additional lighting is required especially because of the fact that it gets dark early in winter. The TRC recommends approval subject to staff comments. Mr. Haag pointed out that the comments on Pages 8 and 9 of the backup material from the Utilities Department are not applicable for this project. Further, with regard to Mr. Haag's first comment on Page 13, he clarified that a fire scale appears on the plan. Mr. Davis asked how residents to the west would access the park. Mr. Haag recommended a sidewalk connection near the park entrance which leads to the restrOom facility area. Mr. Davis suggested the addition of a walkway following the most direct route. Mr. Haag recommends stablizing the overflow parking area with either paver blocks, turf blocks or asphalt. Staff recommends forwarding this apPlication to the City Commission with a recommendation for approval with staff comments. Motion Mr. Collins moved to approve the request to construct~this 7.19 acre public park located at the southwest corner of Congress Ave~u~'and the north entrance to MeadoWs Boulevard Subject to all staff comments. Mr. Jones seconded the motion which carried 6-1. (Ms. Huckle cast the dissenting vote because of the lighting.) - 12 - MINUTES - PLANNING AND DEVELOPNENT BOARD NEETTNG BOYNTON BEAr. H, FLORIDA ,1UNE 8, 1993 Project Name: Agent: Owner: Location: Boynton Lakes Park Jim Park City of Boynten Beach Northeast corner of Boynton Lakes Road and Chester- field Drive Description: The applicant is requesting approval to construct an eight {8} acre public park with the following ameni- ties: preschool play area, seating, elementary school play area and a health trail. Mr. Cutro made the presentation. There was a great deal of input on this park with regard to keeping it a neighborhood park. Four parking spaces were added to meet ADA requirements and City Codes. The drainage and landscape plans will be reviewed as part of the building permi.t process. There are no comments from staff and it is recommended that this application be forwarded with a recommend- ation for approval. Ms. Huckle asked about the lighting for this park and was advised that the park will be clOsed at dark. Bob~ I West Chesterfield Drive~ spoke as a resident and member of the Boar~ 6f Dir~ct--6-F~ of the Boynton Lakes North Subdivision. He was concerned with the location of the parking since the ingress and egress is from a private street. He suggested the parking be moved to another area to eliminate the possibility of liability to the Association. He further requested the planting of flowers around the lift station. In response to a question by Chairman Lehnertz, Mr. Cutro advised that Chester- field Drive is a private street which has an easement allowing for public ingress and egress. He explained that if the parking is moved to Boynton Lakes Boulevard, people will assume public parking is permitted and they will be attracted to the park, The residents of Boynton Lakes North were concerned with cross flow in the park. However, Mr. Cutro does not have a problem with relo- cating the parking. With regard to landscaping around the lift station, it was pointed out that there are hedges and grass around the lift station. Mr. Cutro is not certain anything additional can be added because of maintenance involved. Motion Mr. Miller moved the approval of the Boynton Lakes Park conditioned upon the access of the parking being located on Boynton Lakes Boulevard. Mr. Jones seconded the motion which carried unanimously. CHAIRMAN LEHNERTZ DECLARED A FIVE-MINUTE RECESS. Mr. Cutro advised that Mr. Jones had contacted the Planning and Zoning Depart- ment earlier in the day to report that he would be late for the meeting. Ms. Huckle advised that Board members should contact the City Clerk's office so that the Recording Secretary would have the information. - I3- MINUTES -PLANNING AND DEVELOP)4EHT BOARD BOYNTON BEACH, FLOR~OA JUNE 8, 1993 aw Project Name: Agent-. Owner: Location: Waffle House Dave Miller, Architect Waffle House (Richard Niggin Botham) Southwest corner of N.W. 7th Avenue and West Boynton Beach Boulevard Description: Request site plan approval to construct a 1,865 square foot, forty-four (44) seat restaurant on a .284 acre site that abuts the northeast corner of Gateway Centre. Mr. Cutro made the presentation and advised that this is basically the same pro- posal which was presented in April when the Board recommended it be remanded to staff. The City Commission denied the application; however, there was a condi- tion that the applicant get a variance. Rather than attempting to secure a variance, the applicant adjusted the site plan to meet the comments made at the BOard level as well as the City Commission level. They have extended the outparcel which eliminates the need for a variance. The property line is now on the south side of the parking spaces. The dumpster has been moved onto the site and a loading zone has been created to the east, Further, with regard to the Community Design Plan, the building was adjusted to accept the addition of accent tiles. The building has a tile man- sard roof with covered walkways. The colors of the building are earth tones. The application was again reviewed by staff with no negative comments resulting on any of the issues of traffic or lighting. Staff recommends this application be forwarded to the City Commission with a recommendation for approval with the continued staff cond}tions. With regard to the comment about a utility line, it will be identified and nothing will be put in that area. Mr. Miller, of Dawid Miller & Associates, has advised that they are adjusting the dumpster locatdon so that it will be moved out of the existing utility ease- ment along the edge of the property. Ms. Muckle askeC that Page 1, Paragraph 2 of the staff report be corrected to 'show that the Board was advised by Attorney Cherof that it was not permitted to remand the plan to' staff. It was forwarded with a recommendation for denial. Mr. Cutro will correct the report. Mr. Davis noted that the parking in the existing shopping center dropped as a result of the reJocation of the dumpster. Mr. Cutro explained that the shifting of the dumpster will not result in the elimination of any parking spaces. He has recommended cross-access agreements. Ms. Huckle asked for clarification on how the shifting was achieved to eliminate the need for a variance, He explained that the property line was at the north end of the paKking stalls. They have shifted that property line twenty (20) feet to the south, thereby enlarging the outparcel size so that when the build- ing setback is measured from the property tine to the building, the requirement is met. - 14 - 14IN~S - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA JUNE 8, 1993 Mr. Cutro explained that this is a difficult site to work with and given the opportunity, he would not have permitted this outparcel. In response to Mr. Davis' concerns about traffic, Mr. Cutro advised that the applicant has now included a traffic study which has been reviewed by staff and the Police Department. The Police Department had no negative comments regarding safety issues. David Htller~ Architect, 105 South Narcissus Street, West Palm Beach~ repre- sented Richard Hi bbinbotham of Northlake Foods. Waffle House buildings are in two main configurations; one is a square shape and the second is rectangular. Each building is approximately 1,800 to 2,000 square feet w~th a seating capa- city of up to fifty (50) seats. It is a high turn over type restaurant. In this outparcel, the line between the properties is an imaginary line. Since moving that line made a great deal of sense, Waffle House proceeded in that fashion. By so doing, they were able to move the dumpster onto the site. Waffle House was also able to include a small loading space even though it is not a requirement. With regard to the issue of the water line, the applicant was unaware of the fact that there is a water line which runs along the western property line in a traffic island. It is an unrecorded easement. They will identify its exact location so as not to put anything over it or the easement. That can be accomplished by shifting the dumpster several feet to the west or to the east. The drive island near the three parking spaces which faces the east is wider than required. The access into the site is controlled by the access into the shopping center. As a result, a cross-access and cross-parking agreement is necessary. The building has glass frontage along the easter~ facade and one-half of the northern facade. Landscaping requirements will be met or the minimum exceeded. The signage will meet or be less than the City-required maximum. Drainage re- quirements will be met and setbacks will be exceeded. A civil engineer went to the ITE. This building has been categorized as a high turn over, sit down restaurant. People will be at the facility for a short period of time. When analyzed against the approved bank which was supposed to have been on this site, the traffic generation was significantly less on a daily basis by 40 percent. Waffle House's peak demand will be in the morning. Regarding the exterior design of the building, only very durable, low main- tenance, long-life materials are utilized. It was determined that a buck colored brick building should be used, with a barrel tile on the mansard which is an "S" style tile in chocolate brown with an accent band in a ceramic tile. The storefront is bronze annodized aluminum with bronze glass. The signage is a tan plastic front face, bronze annodized with black jewel-like trim. The sign will be internally illuminated. This building will meet the color and material requirements. Embellishment of the building will be accomplished with the addition of decorative metal elements including a railing. A six-foot high hedge has been introduced as a buffer at the rear of the building. - 15 - NINUTE$ - PLANNING AND DEVELOPNENT BOARD NEETING BOYNTON BEACH, FLORIDA ~UNE 8, 1993 In summary, Mr. Miller requested approval from the Board since the applicant has met and/or exceeded every aspect of the Code and made every attempt to meet the issues of the Co~nmunity Design Plan, going beyond the requirements in terms of buffering and softening the building. Chairman Lehnertz thanked the applicant for working with the feedback received from the Board at the last presentation. Chairman Lehnertz noted that the Waffle House will be open twenty-four hours per day and wondered what plans were made to direct lighting away from the residen- tial communities. Mr. Miller stated that basically the same lighting configura- tion will be used; however, they will use a two-head type light which will pro- vide safe lighting into the parking lot and not spill light out into the roadway or residential areas. In response to Chairman Lehnertz' question regarding delivery times, Mr. Miller explained the usual delivery process and Mr. Randy Harvey confirmed that deli- veries will be once a week on Tuesday afternoons. This brought about discussion regarding how the delivery truck would maneuver to make the delivery. It was pointed out that the trucks are 26 feet in length. Richard_ Htggtnbotham~ 5419 Hansel ~~ feels the majority of the patrons will be traveling 'e~n~ ~rom the western communities in the morning. During the later parts of the day, some westbound patrons will be served. With regard to the sign, Mr. Cutro explained that it had not yet been reviewed and he is not certain it meets the height or size requirements. He is also con- cerned about the red arrow. He will work with the applicant. Mr. Miller advised that the applicant has reduced the height of the sign and they are within the requirement with regard to size. With regard to the color, Mr. Cutro thinks it will be acceptable; however, the red arrow may be a problem. At Mr. Miller's suggestion, Mr. Cutro will attempt to get "No Trucks" signage in front of the building in an attempt to restrict truck traffic in that area. Mr. Miller expressed concern that this building does not match with anything around it and questioned whether the applicant would consider using the same colors as the existing center. Representatives present in the audience stated that they need to maintain their national identity so as to be marketable. Chairman Lehnertz, Ms. Huckle and Mr. Collins are of the opinion that the color scheme is not incompatible with that of the Gateway Centre, and the applicant has don~ a great deal of work to come up with a more acceptable plan. Notion Mr. Collins moved to approve the request for site plan approval to construct a 1,865 square foot, 44 seat restaurant on a .284 acre site that abuts the northeast corner of Gateway Centre subject to all staff comments. Mr. Jones seconded the motion. Mr. Davis noted that his concerns were similar to those made by Mr. Miller. He feels the colors are incompatible and should be closer to those in the Gateway Centre and the site is too intense which will result in parking problems. - 16 - MINUTEN - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACh, FLORIDA ,)UNE 8, 1993 The motion carried 5-2. (Messrs. Miller and Davis cast the dissenting votes.) MAJOR SITE PLAN MODIFICATION Project Name: Agent: Owner: Location: Waste Mana.qement of Palm Beach John Grant III Waste Management of Palm Beach North side of the cul-de-sac at the east end of Industrial Way Description: The applicant is requesting approval to add vehicle parking spaces and additional truck storage on their 2.364 acre site. The site is currently vacant and presently has site plan approval for the construction of a mulching facility. Mr. Haag made the presentation. An overhead projection was used to view the plan. The truck storage area has a six foot high fence. The landscaping and parking meet Code. The ingress/egress located at the existing site will serve the spaces proposed with the new expansion. The Technical Review Committee recommends this application go forward and staff recommends forwarding this application to the City Commission with a recommenda- tion for approval. Chairman Lehnertz noted that the approved site plan for the mulching facility contained a great many more trees which will be lost by approving this applica- tion. Mr. Haag explained that the spacing of the trees for the mulching faci- lity was 30 feet on center. The Code only requires them to be 40 feet on center; therefore, Waste Management has reduced the perimeter landscaping on Industrial Way. Ms. Huckle questioned whether or not the cul-de-sac problem and the turning radii problem had been resolved. Using the overhead projection, Mr. Haag al- leviated her concerns. Mr. Davis asked if improvements on the existing site could be part of this application. Mr. Cutro advised that the applicant can be asked to make some improvements, but there is no requirment to upgrade the existing site. Further, for additional buffering on Industrial Way, Waste Management can be asked to plant the trees 30 feet o~ center. John Grant, 3333.Nort~ Federal Highway, Boca ~ said the eastern north/south driveway is being constructed to replace the driveway on the west side, When the property was purchased from Rollyson, they were guaranteed access for five years. The guarantee is part of the deed and it is recorded. At that time, it was believed that Miner Road would be improved. The Building Department requir- ed apermenent ingress/egress easement over that eastern replacement driveway. At this point, Waste Management would prefer not to do this because it considers the driveway temporary in nature until Miner Road is improved. With regard to the replacement of trees, Mr. Grant will discuss this matter with Waste Management. 17 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA OUNE 8, 1993 Mr. Davis questioned whether or not there are any plans for the area east of the new parking lot. Mr. Grant stated there are no plans at present and the area is currently being used for drainage retention. If it is developed in the future, Waste Management would have to add drainage to cover the entire site. Again, Chairman Lehnertz explained that when the mulching facility cama before the Board, it was supposed to be a site which would take vegetative matter out of the mainstream. It would then return it to the surrounding cities in the form of mulch. In an earlier application, Solid Waste Spoke of not having any room for expansion. He feels it is a major negative impact to pull out of the approved site plan and replace it with truck storage. He also was unhappy with the fact that the landscaping plan will be different from that previously approved. Motion Mr. Weigle moved to approve the major site plan modification for Waste Management of Palm Beach to approve expanding the existing vehicle parking and truck storage to an area into the 2.364 acre site that abuts the southwest por- tion of the existing 7.34 acre Waste Management of Palm Beach site subject to staff comments. Mr. Miller seconded the motion. Mr. Davis asked that the motion include the following conditions: To reduce the tree plantings on the south side from 40 feet on center to 30 feet on center; and 2. replace all pine trees removed at a rate of two (2) trees for every one {1) tree removed. The conditions were acceptable to both Mr. Weigle and Mr. Miller. The motion carried 6-1. (Chairman Lehnertz cast the dissenting vote.) C. COMMUNITY DESIGN PLAN APPEAL Review a request by Blaine Miller, acting as an agent for Cuco's Border Cafe, to appeal the design district roof material and archi- tectural feature requirements. The proposed restaurant site is an outparcel to the Boynton Lakes Plaza. The site is located in the Mediterranean/Spanish Design District. Mr. Maag made the presentation. As required by the Community Design Plan, the roofing material must be barrel tile, "S" style, exposed rafters, exposed beams. This building has a flat roof. The amenities would include bell towers, accent tile, iron decorative grills, shutters, etc. Blaine Mlller~ 3DOS. Viola~ Orlando~ Floridat represented Cuco's. Cuco's has attempted to accomplish the mediterranean look in a Spanish style without pro- viding a miniature version of the shopping center. - 18 - HINGES - PLANNZNG AND DEVELO~NT BOARD MEETII'IG BOYNTON BEACH, FL~IDA ,)UNE 8, 1993 Chairman Lehnertz questioned why the modifications of the Spanish style were not designed to fit in more closely with the center. Mr. Miller stated that Cuco's wanted their own identity and because of the size and amount of kitchen equip- merit, it was very difficult getting the sloped barrel tile roof. By using a flat roof, they have attempted to conceal the equipment. With regard to the architectural features, Mr. Miller feels fairly certain that Cuco'$ would go along with many of the amenities such as the decorative grills and tiles. Terry~a representative of the developer of the project, said Cuco's attempted to fit in by using stucco as th~ finish on their building. Their col or scheme is also compatible. They can be approached regarding the architec- tural features,, but the roofing would be a problem. Chairman Lehnertz asked if the applicant would be agreeable to the addition of architectural features. Mr. Miller feels Cu¢o's would like the architectural features. Motlon Mr. Miller moved to recon~end approval of the Community Design appeal for Cuco's Border Cafe appealing the Design District's roof material with the additional amenities as listed in the staff report. Mr. Jones seconded the motion which carried unanimously. D. MAST1ER PLAN MODIFICATION 1. Project Name: Agent: Owner: Location: Lawrence Groves Anna Cottrell Urban Design Studio K. Hovnanian, Inc. East side of Lawrence Road just south of LWDD - L-19 Canal Description: The applicant is seeking to eliminate a connection to Bedford Boulevard and create two additional building lots. Mr. Cutro made the presentation. A request was received to add Lots 53 and 54 to the existing lot layout. This was a road which was to hook up to Bedford Boulevard. Originally, Bedford Road from the Meadows was to be hooked up to Bedford Road in Lawrence Groves. However, it traversed a piece of property which was not held by either of the parties. It was reduced from a 60 foot right-of-way to a 12 foot utility easement. An agreement has been worked out with all concerned parties including Citrus Glen, Knollwood Groves and the Glick properties to build Miner Road. This will eliminate the need for an additional cross access through this area. The only comment received was from the Utilities Department and in response, a second plan was provided showing a thirty-one (31) foot utility water and sewer ease- ment. One of the lots was removed and a larger single-family lot was created. The City Commission has reviewed this and determined it was a minor change. - 19 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTOH BEACH, FLORII)A ~UNE B, 1993 Anne Cottrell~ 2000 Palm Beach Lakes BouleYard~ West Palm Beach, reminded the Board that a master plan amendment was requested a year ago to accommodate a new type of home. That new home has responded well to the market and Phase I is now sold out. Preliminary plat approval has been received for Phase II. Since the Utilities Department requires the thirty-one (31) foot easement, only one lot can be added at the old connection site. One of the staff comments related to the size of the cul-de-sac. The Public Works Director has requested 100 feet. In discussions with him, he has agreed to ninety {90} feet as long as there will be no parking on the cul-de-sac. Metlon Ms. Huckle moved to recommend approval of the application to seek to eliminate a connection to Bedford Boulevard and create one additional building lot subject to staff comments. Mr. Collins seconded the motion which carried unanimously. E. OTHER WAIVER OF PLAT 1. Project Name: Agent: Owner: Location: Description: Boynton Lakes Plaza Charles Simmons Simmons and White A.G. Development Co. Southeast corner of Hypoluxo Road and Congress Avenue The applicant is seeking permission to subdivide two (2) approved outparcels without replatting the prop- erty. Property was platted in early 1993. Mr. Cutro made the presentation. The owner of the property wants to divide the two outparcels. Because a plat was done on this parcel, staff feels there is no need to replat. The two parcels are for restaurants; one is for Cuco's and the other is unnamed at present. The Engineering Department has no problem with this request because the outparcels are on the existing site plan and have been part of the plan since 1986. Staff recommends approval. Mr. Miller asked that the record reflect that he feels there are too many out- parcels in the area. Mr. Cutro stated the City Commission has asked for a spe- cific schedule for land development regulations. However, this situation was already approved. Cross access agreements will be required. There will be no separate access to either of these outparcels. In response to Mr. Miller's question regarding a schedule for building commen- cement, Mr. Cutro advised that site work plan has been approved with the excep- tion of landscaping and irrigation. All the infrastructure is going in. The main building is in progress, Nothing has come through on the Mobil station except a request for the extension of a conditional use. Ter~ Harmes~ of St. Louts~ Missourl~ is a representative of the development company. Mr. Hames was not aware of any of the staff comments since he had not - 20 - MINUTES - PLANNING ANO DEVELOPMENT BOARO MEETING BOYNTON BEACH, FLORIDA JUNE O, 1993 anticipated attending the meeting. At present, there are no plans for access other than through the existing shopping center. The anticipated date of opening is late surm)er or early fall. He urged support of the project, tt was stated that at present, the main building is 86 percent leased. Mr. Hames will be meeting with an additional four users this week which will bring the total to 90 percent leased. Motion Ms. Huckle moved to recommend approval of the application to subdivide two approved outparcels without replatting the property for Boynton Lakes Plaza sub- Ject to staff comments. Mr. Collins seconded the motion which carried unani- mously. 8. COMMENTS BY NEMBERS m Ms. Huckle asked that the minutes reflect the fact that the chair she sits on during the meeting needs to be oiled to eliminate the squeeking. 9. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 11:45 p.m. Janet M. Prainito Recording Secretary (Five Tapes) - 21 -