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Minutes 05-11-93NINUTES OF THE PLANNING AND DEVELOPMENT BOARD HEET~NG HELD IN COmmISSION CHANBERS, CiTY.HALL: BOYH~T~.' BEACH, FLORIDA, ON TUESDAY', HAY' 11, 1993, AT 7:00 P. H. PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairwoman Nathan Collins Ken Johnson Mikel Jones Bradley Weigle Paul Davis, Alternate Bradley Miller, Alternate Christopher Cutro, Planning and Zoning Director Mike Haag, Zoning and Site Development Administrator Tambri Heyden, Senior Planner Mike Rumpf, Senior Planner James Cherof, City Attorney l. PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:00 P. M. and welcomed all to ~he meeting. Mr. Davis sat at the dais as a voting member. The Pledge of llegiance to the Flag was recited. 2. INTRODUCTIONS Chairman Lehnertz acknowledged the presence of Vice Mayor Aguila and Commissioners Katz and Walshak in the audience, and introduced the Board mem- bers. 3. AGENDA APPROVAL Ms. Huckle moved to approve the agenda as presented. Mr. Johnson seconded the motion, which carried 7-0. 4. APPROVAL OF HINUTES Mr. Johnson moved to approve the minutes of the April 13, 1993 meeting as sub- ~itted. Ms. Huckle seconded the motion, which carried 7-0. 5, COHHONICATIONS AND ANNOUNCEHENTS A, Report of the Planning and Zoning Department Considering the length of the agenda, Mr. Cutro deferred his report until the next meeting. 6. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON Mr. Johnson nominated Gary Lehnertz as Chairperson. Ms. Huckle seconded the nomination. No other nominations for Chair being made, nominations were closed and Gary Lehnertz was unanimously elected Chair. Mr. Collins nominated Marilyn Huckle as Vice Chairperson. No other nominations being made for Vice Chairperson, nominations were closed and Ms, Huckle was unanimously elected Vice Chairperson. - 1 - MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA HAY 11, 1993 7. OLD BUSINE$$ A. Subdivisions Naster Plan Project Name: Agent: Owner: Location: Description: Bo~nton Seacrest (flkla Cedar Grove) Julian Bryan Cedar Grove Investments, N. V. The east side of South Seacrest Boulevard, approxi- mately t00 feet south of S. E. 1st Avenue (South Seacrest scrub site) Request for master plan approval to subdivide a 53.69 acre parcel of land into 142 single family lots, 82 duplexes (a total of 224 dwelling units) and a 4.2 acre public park and concurrency certification for roads, drainage and neighborhood park facilitiees. The overhead projector was utilized during the presentation by the City Engineer, W. Richard Staudinger. Mr. Staudinger referred to Planning and Zoning Department Memorandum No. 93-100, He stated that this ,project was commenced many years ago with a P.U.D. rezoning which was turned down. Last fall, the applicant came in for a subdivision master plan under Appendix C of the Code of Ordinances. Mr. Staudinger explained that this is the first step in a three step formal process. Once the master plan ,for the subdivision is approved, the next step would be a preliminary plat. OnCe the preliminar~ plat is approved, a final plat is recorded and the lot can be sold. Mr. Staud~nger advised that master plan submission came ma~y times over the last few months. It was sent back to staff with no decision iq Eebruary,~ The,re have been two TRC meetings and two resubmissions since then. Almost ~ll of the comments have been taken care of except for a few, ipclUdilng the cO~ments from ~the Forester and the Planning and Zoning Departm6nt con~erning~he environmental p, reserve. The Forester and the Planning and Zonin~ Department recommend celttain lots be deleted from development as a r~-sult of an :overlay of the environmental study. Mr. Staudinger recommended master plan be approved, sub- ject to staff comments, the !environmental issues from the Forester and the which would result in the deletion of a number of l( recommended allowing the ~ime he sub- mits the preliminary plat. ~u~ that if the applicant does not comp plat, the City has the abil suggested the applicant pro does the subdivision preliminary pla ). The applicant can then move construction plans, and Mr. Davis inquired if there:woul~ be s~ioi~t,access, f~r emergency vehicles if the lots are preserved. Ba~ed' ~h tih~ ~m~m~ fro~ ~he Fo:rester and ~he ~lanning and Zoning Department, ~r+~t~udi;~g~O~d not i~el:ieve a;mejor recon- Tiguration of the roads would b~ neces~rY~ -2- HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA HAY I1, 1993 In response to Mr. Weigle, Mr. Cutro explained that the Comprehensive Plan requires the developer to preserve 25 per cent of certain identified sites in their natural state within the City. A study is then done to determine the best possible plant life to preserve on the site and the development is worked around that preserve as best as possible. During the P.U.D. process, the applicant's environmentalist recommended the rear half of the property be preserved. Staff was authorized to use the study of the applicant's environmentalist as a basis for determining the area to preserve, and concurred that this was the best area for preservation. Chairman Lehnertz inquired about drainage. Mr. Staudinger explained the road- side and back lot swale system that will be used. Mr. Miller expressed concern about the front and rear setbacks and drainage in the rear. At this point in the meeting, Chairman Lehnertz acknowledged the presense of Mayor Harmening. Mr. Davis expressed concern about integrating the schools. He also asked about the 400 foot wide recreational area that was requested. Mr. Staudinger advised that this was an earlier master plan comment which has been corrected. Jill Jarkesy, Esquire, represented Cedar Grove. Ms. Jarkesy advised that Cedar Grove has agreed, in writing, to enter into an agreement with the School Board that addresses racially balanced schools in the district. Ms. Jarkesy stated that Cedar Grove is not willing to address the environmental comments and has never acknowledged dedication of a 25 per cent preserve area. She feels the City's Comprehensive Plan and Ordinances do not require a 25 per cent set aside, and that the Comprehensive Plan deletes this site from the A rated ecosystem. She was willing to go to a higher authority to discuss environmental issues. Ms. Jarkesy advised that historically it was agreed to dedicate 25 per cent of the upland habitat under the P.U.D. rezoning submittal, but not as part of this master subdivision plan submittal. Mr. Collins inquired about the approximate cost of the proposed units. Julian Bryan, the agent for this project, anticipated the cost to be between $90,000 and $120,000. Mr. Collins felt it would be hard to racially balance the schools in the area because minorities would not be able to afford these units. Chairman Lehnertz opened the floor to public comment. Wllda S~arcy, 402 N. E. 13th Avenue, expressed concern that black people would be unable to afford the proposed units. Kathleen Brennan, 2308 Aspen Way, was present on behalf of the Palm Beach County Department of Environmental Resources Management. She gave an update on where the County and State are as far as potential acquisition of this site. She pointed out that the U. S. Fish and Wildlife Service requires that any local -3- MINUTES - PLANNING AND DEVELOPHENT BOARD MEETIHG BOYNTON BEACH, FLORIDA HAY 11~ 1993 government that is going to be approving a development on which scrub jays are located has to contact them and go thrqugh a habitat conservation plan. In addition, the Game and Fresh Water Fish'Commission for the State regulates the relocation of gopher tortoises. The following people spoke against approval of this master plan: Corwin Campbell - 3612 S. E. 2nd Court Mr. Miller - Chapel Hill Boulevard Enrico Rossi - 625 Whispering Pines Road Stanley Palivoda - 110 S. E. 31st Avenue H. C. Sumerall - §10 Mission Hill Road Rose Kritzer - 124 S. E. 29th Avenue Marya~n Raimond - 3112 S. Seacrest Boulevard In response to Chairman Lehnertz, Mr. Cherof advised that tMs matter is prop- erly before this Board. The TRB has approved it subject to ver9 specific con- ditiDns which they are asking the Board to consider.. Mr. Cherof advised the Board that they can move-it forward in the:same manner, ~ith those conditions being part of whatever motion is made, either appro~in~ or denying it. Also in response to Chairman Lehnertz, Mr. Cherof'advis:ed that if the master plan is approved with cond~itions, the applicant h~s no ~lternative but to submit plans that are consistent with those conditions. Chairman Lehnertz express~ concern that if the Board and the City Commission were to approve this master plan with conditions, at the time of preliminary platting, the applicant can claim he has a plan which corresponds with the master plan, regardless of staff comments, Mr. Cherof advised that this is possible; however, he was ~airly certain that the City will be dealing with a higher authority at that point, Ms. Jarkesy stated that she anticipated staff would recommend denial and was surprised that they had not. She stated that she told staff from the beginning that she would not address the environmental concerns. She felt the Board should recommend denial because she has told City staff from the beginning that the environmental concerns would not be addressed. Mr. Cherof reiterated that the developer has positioned and postured itself to come here tonight to obtain a denial from the Board. Mr. Cherof advised the Board that this is not necessary; that the Board can move this forward with con- ditions. Mr. Weigle asked Mr. Staudinger if he still recommends approval in light of Ms. Jarkesy's statements. Before answering this question, Mr. Cherof suggested the Board ask the applicant whether they are not going to submit a design on the preserve area because it is premature or, alternatively, because they are not required to do it at any point in time. If it is simply a matter of it being premature, then it was Mr. Cherof's recommendation that the Board move this matter forward. Ms. Jarkesy stated that at no point in time. under this -4- NINUTE$ - PLANNING ANO OEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA [,lAY 11, 1993 straight zoning master subdivision plan, will the environmental con,hen,s be con- si~ered. She would allow the City to reconsider the previously submitted P.U.D. rezoning, which addressed the comments and set aside 25 per cent. However, she was not willing to resubmit anything. Mr. Staudinger stood by his and staff's recommendation for approval with the environmental conditions. In response to Mr. Collins, Mr. Cherof indicated that if this Board denies this request, the next step would be for the City Commission to address' this matter. Mr. Miller did not feel the applicant has even attempted to address the require- ment to meet consistency with the comprehensive plan. Notion Ms. Huckle moved to deny the request of Boynton Seacrest f/k/a Cedar Grove for approval of this master plan for various reasons that have been brought up this evening, primarily the impasse between the City's request that a preserve area be established on this property, and the complete lack of interest on the appli- cant's part to even consider the discussion of a preserve area on this piece of property. Mr. Collins seconded the motion. Amended Notion Mr. Davis moved to amend the motion to include the following reasons for denial: (1) Even if the applicant addressed the environmental issues, the storm water system is inadequate; and (2) Because of the configuration of the system, it would severely limit the ability to use the back yards. Mr. Weigle further ~oved to amend the motion to also include this reason for denial: That the applicant's ecologist, Donald Richardson, has recommended basically what the City is proposing. Ms. Huckle and Mr. Collins agreed to the amended motion. In response to Mr. Jones, Mr. Cherof had no idea how much it would cost the tax- payers to take this matter to a higher authority. The motion carried 7-0. CHAIR~N LEHNERTZ DECLARED A RECESS AT 8:27 P. M. THE MEETING RESUMED AT 8:42 P.M. 8. NEW BUSINESS A, Public Hearing Annexation/Land Use Amendment/Rezonlng 1. Project Name: High Ridge Road Agent: Kiernan J. Kilday, Kilday & Associates -5- MINUTES - PLANNING AND DEVELOPHENT BOARD MEETING BOSTON BEACH, FLORIDA NAY 11, 1993 Owner: Location: Description: Newport Place Inc., a Florida corporation West side of High Ridge Road, approximately 1,000 feet south of Hypoluxo Road Request for annexation, land use amendment and rezoning. Mr. Rumpf used the overhead projector during his presentation. He stated that Kieran Kilday, agent for Newport Place Inc., is proposing to annex two lots into the City. The annexed property would be reclassified from low residential to low density residential and rezoned from residential single family to R-1-AAB. The maximum density allowed by the County's land use is two dwelling units per acre. That would be changed to the City's 4.84 dwelling units per acre. The property is not to be developed as residential. I,t is to 'be used to create a secondary access corridor between the Stanford Place project and High Ridge Road to avoid encouraging u-turns at the nearby intersection, and in order to elimi- nate the incorrect use of the left turn lane for Tradewin~ Way. ~taff recom- mended approval of the~land Us~ amendment. Mr. Rumpf advi,~d the'Board that although annexation is listed ~nderth~ description, the B6a~d'~ recommendation will Only pertain to the land use amendment and rezoning. Mr. Davis asked why this access was not design~ in~o ~he ;Stanford Park P.U.D. Mr. Cutro explained that when the ~eyeioPme~twas originally reviewed, the two access drivewayS' were deemed to bea6cep~able, T~e p~i~n~1~l purchasers of this site would lfk~ ~0 ha~e another access because they' ~e] ,~,~ ~ould be difficult for~the elderly living in the area to g,o ~ut on H~pOl, rU~ Ro~d and make a u-turn. It ~s simpler to Purchase the land and build a ro~d to ~e~ ~he elderly to High Ridge Road, which is a less used roaO. Mr, Davis inquired about the traffic impact on High Ridge Road. Mr. Kilday advised that this wo~ld create 140 additional trips. He made ~ presentation and intro~cedMichael Schoreh, Engineer. Mr. Miller asked if there are any plans to extend 7th Court in the near future. Mr~ ~¢~reh believed this road has been deeded to the City of Boynton Beach. Mr. C~t~o advised that there are no plans to extend this road at this point in time. Mr. Davis asked if there are any plans to widen High Ridge Road. Mr. Kilday advised that it is not on any five year plan now and he did not believe it would be in the near future. Chairman Lehnertz asked if there is any way to stipulate that this is to be used as access. Mr. Kilday stated that he has already indicated his willingness to deed restrict the entire property for access only. In addition, there is a recommendation in the engineering comments on the roadway plans submitted that it be tied into the residential project with a unity of title so that it would become part of overall Stanford. ~ohn Loon)is, 7200 High Ridge Road, was opposed to this request because of the traffic, headlights aimed at his bedroom window every night, and the tortoises on those lots. -6- MINUTES - PLANNING AND OEVELDPM~NT BOARD MEETING BOYNTON BEACH, FLORIDA NAY 11, 1993 In response to Chairman Lehnertz, Mr. Cutro advised that the applicant is willing to move the road around. ~r. Cutro was confident that as much of the natural habitat as possible will be preserved on that site. NO ONE ELSE WISHING TO SPEAK, CHAIRMAN LEHNERTZ DECLARED THE PUBLIC HEARING CLOSED. Motion Mr. Collins moved to approve the request to amend the Future Land Use Map of the Comprehensive Plan in order to change the designation on the property to Low Density Residential, and to rezone it from the County's zoning designation to the City's R-1-AAB, Single Family Residential district, subject to all staff comments, Mr. Johnson seconded the motion, which carried 7-0, Abandonment Project Name: Agent: Owner: Location: Description: N. E. Sth Avenue Christopher Cutro City of, Boynton Beach N. E. §:h Avenue, east of North Federal Highway Request for abandonment of a 241.25 foot portion of a 10 foot wide local street right-of-way. Ms. Heyden used the overhead projector during her presentation. She stated that the City is initiating this abondonment because there was a condition attached to the .February approval of the conditional use for St. Mark's Catholic Church. The condition was that the portion of N. E. Bth Avenue that conflicted with some of the improvements shown on the site plan that was attached to that conditional use had to be abandoned. Since the Engineering Department had the project underway to abanden all the alleys and the rights-of-way in tha~ vicinity of Federal Highway, the City Commission directed staff to initiate the subject abandonment application to accommodate St. Mark's Catholic Church. Ms. Heyden referred to the May 10, 1993 letter from Florida Power & Light and stated it was not clear whether FPL is recommending that a 10 foot easement is needeed for this application or the next one on the ~genda. Therefore, until she can get in touch with Mr. Finizio, Ms. Heyden recom~iended this request be approved, subject to the dedication of a 10 foot easement, if needed. NO ONE WISHING TO SPEAK ON THIS MATTER, CHAIRMAN LEHNERTZ DECLARED THE PUBLIC HEARING CLOSED. Mutlon Mr. Collins moved to approve the request for abandonment of a 241.25 foot por- tion of a lO foot wide local street right-of-way, subject to staff comments and to the dedication of a 1D foot easement, if needed. Ms. Huckle seconded the motion, which carried 7-0. 3. Project Name: Metneke Discount Muffler Agent: Ronald J. Moore -7- NZNUTE$ - PLANNING AND DEVELOPMENT BOARD NEETZNG BOYNTON BEACH, FLORIDA NAY I1, 1993 Owner: Locat i on: Description: Raymond J. Moore 925 North Federal Highway; approximately 210 feet south of the southwest corner of N. E. loth Avenue and North Federal Highway Request for abandonment of 105 feet of a 20 foot wide alley located between the F.E.C. Railroad right-of-way and the west property line of 925 North Federal Highway. Ms. Heyden used the overhead projector during her presentation. She stated that this request is similar to Item 8.A~2 on the~age~da. However, in this case, since the Utilities Department needs a 20 foot wide easement, that easement would more than accommodate the 10 foot ea.seme~t, if needed by FPL. She recom- mended that this request be approved, subject to a rededication of the alley into a 20 foot wide easement. Mr. Weigleasked if the owner would be able to install a fence in the easement. Ms. Heyden answered in the affirmative, Saying that she was ~nformed by Mr. Haag that the applicant would have to sign a fo~m from th,e Building Department when he applies forla permit. This form states that any fence erected would be at the owner's risk and that if the Utility'Company needed to excavate, the fence will have to be removed. Raymond~ MoOre, owner and operator of Meineke Discount Muffler, advised the Board that he Nas had a lot of problems with drugs being sold at this location. C~e-r$ Uo ~ot even Want to come into his business any more because of the drug~ · M~, Moore Wants to erect a fence to help beautify the place and stop the drug dealing. Lloydjpowel!, owner of Alpine Florist, 1112 North Federal Highway, pointed out the~ ~h~ property to the north and south of Mr. Moore's property has been fenCe~., whi6h leaves Mr. Moore's property wide open. Mr. Powell stated that Mr. :Moore has been trying for a year to get approval for a fence to connect the fen~e~to the north and south. He highly recommended approval of Mr. Moore's request. In response to Ms. Huckle, Mr. Powell stated that there has been some question as t.o the ownership of this piece of property and that before the City gave Mr. Mdore a Certificate of Occupancy, they forced him to blacktop it. NO ONE ELSE WISHING TO SPEAK, CHAIRMAN LEHNERTZ DECLARED THE PUBLIC HEARING CLOSED. Mr~ Weigle moved to recommend the abandonment, subject to the rededication of the alley into a twenty foot wide easement. Ms. Huckle seconded themotion, which ica~ried 7~0. L -8- HINUTES - PLANN~HG AND BEVELOPNENT BOARD NEET]rNG BOYNTOH BEACH:, FLORZDA HAY 11, 1993 B. $~te Plans New $1te Plan Project Name: Agent: Owner: Location: Description: Ambulatory Surgical & Endoscopy Center Wayne E. Puls Tralis, Inc. 2351S. Seacrest Boulevard, northwest corner of S. Seacrest Boulevard and Southwest 23rd Avenue Request approval to develop a .527 acre site into a 4,670 square foot, one-story medical office building that includes associate parking and landscaping. Mr. Cutro utilized elevations and the overhead projector during his presenta- tion. He stated that this development is a one story building in a Spanish/Mediterranean style. The co, lots and the ,b.uildiRg conform w!th the design district. The landscaping pl~n,,is adequate to' meet the code, however, it needs to be noted that 50 per cent of the species is required to be native. The side setbacks need to be varied. Thle aPp,l~cant will be r~questing the Board of Adjustment to grant a 7½ foot varian~ce on the north s!de and a 7½ foot setback o~ the south side. It is a little larger than needed; hOWever, in talking to the applicant's architect, ~ enlarge :the building. They simply want the abili:y to move have to. Mr. Cutro advised that there will because the Thoroughfare Plan has County has indicated that the erty. Therefore, the appl gets the variances. All permit. Staff ~ecommended that th Commission with a subject to approval of th( property onal. Furthermore, the at,on on this prop- as he time of building to the City staff ~omments and Mr. Encinosa, the architect of the project, ~d Wayne PUls were present. In response to Mr. Davis with regar~ ~o conflguratilo~ of ~he building, Mr. Encinosa advised that HRSi:~ic~a~es the size and ~ype ~f rooms~ needed, which dictates the si~e of the buil~Fng. In response to Ms. H~kle, Mr. Encinosa stated that he has no problems with staff comments. Mr. Davis made a, request that the carob trees be replaced with large pine trees to semi-compensa!te foF removing the l~rge palm trees. Mr. Encinosa said he would be happy to work with staff on ~his. Mr. Weigle pointed ou~ that this int~nsection is dangerous and is backed up in the morning. Mri. Cutro state~ that t~ere is probably enough right-of-way to put in turn lanes, Which might help to ~ll~viate the backup. He will find out from the County if they have any improve~n~s scheduled at this intersection. Mr. Encinosa advised that a traffic s~udy has been done and indicates 141 addi- tional trips. In response to Mr. Johnson, Mr. Cutro advised that'there is no need to widen the road. -9- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA HAY II, 1993 Ms. Huckle moved to recommend approval for Ambulatory Surgical and Endoscopy Center, subject to all staff comments. Mr. Johnson seconded the motion, which carried 7-0. Major $tte Plan Modification Project Name: Agent: Owner: Location: Description: Bo~nton Be~ch Promenade Reese Jarrett, President Max Developers, Inc. 901 North Congress Avenue Request approval to increase the previously approved floor area for the shopping center from 75,120 square feet to 79,318 square feet. The modification includes changing the location, shape and size of the building titled Retail "B", reconfiguring the parking spaces along the south and west sides of Retail "B", and relocating an existing dumpster enclosure to the no~rthwest of the bank building. Mr. Cutro utilized the overhea~ projector duri~ng his presentation. He advqsed that in June of 1992, the City ~ommission aPproved a site plan based on the recommendation of this Board. The owner then received approval for a condi- tional use for the site for a M!otorola training facility. This facility occu- pies the second floor of the old Promenade structure. During the permitting process, some changes were made to the rear of the prQ~erty~ When the site plan was originally reviewed, the parking calculations were .computed based on sepa- rate uses. The original site o!lan ~alled ~or 75~130 ~quare feet of floor space with 396 parking spaces. Howev~ the pa~ki~g ~alcula~ons were computed based on separate us~s. The new s~tei lan sh~w~ 79,3~8 square feet of floor area with 397 parking sp~ces calculated Ks ~g 'the s~p~in~ center ratio of one space per 200 square fee~. The OfficeMaiz ~u~di~gha~:i~cre~sed in height ~rom 22 f~et to 26 feet, an~ the windows ha~p e~ re~pved ~om the le~t side. Staff com- ments can be h~ndled at the ~i~ f"~u~ld~g' ~e~it.. Staff recommeDded this site plan modification be forwa~, d to th~' Ci~$iCQmmis~ion with a recommendation for approval. Mr. Cutro advised that the owner Wou]d like to ]eave the existing landscaping in place; 'however, the Code requires that 50 per cent of it be native species. Rather:than have the owner substitute mature landscapi.ng with native species, staff ~uggested they be allowedlto leave the landscapi'ng in place and comply with thee requirement for the native species as much as possible. Staff recom- mended that the landscape appeal be forwarded to the City Commission with a recommendation for approval. Upon visiting the perimeter of the building today, Ms. Huckte noticed many trees are in distressed condition. Mr. Jarrett advised that he has made an attempt to - tO - MINUTES . PLANNTNG AND DEVELOPMENT BOARD blE~iHG BOYNTON BEACH, FLORIDA HAY 11, 1993 salvage as much of the existing landscaping as possible during the reconstruc- tion period; however, much of the existing landscaping is suffering because the irrigation system was cut off. Part of the system is back on and Mr. Jarrett plans to replant what he cannot salvage with good vegetation. Ms. Huckle asked Mr. Jarrett for a response to paragraph number 3 of Dorothy Moore's April 28, 1993 memorandum. Mr. Jarrett stated that a full set of plans for the restaurant will be submitted within the next thirty to forty-five days. In response to Mr. Davis, Mr. Jarrett indicated that the Office Max building was shifted directly south. He explained that when the building was originally designed, he had in mind relocating the Florida Power and Light vault. When he realized the expense and difficulty of relocating the vault, it was easier and much less burdensome to shift the building. The building was shrunk approxi- mately 600 square feet in order to facilitate the shift. Mr. Miller would like to see a change in the parking ratios for retail centers. To relieve some of the members' fears, Mr. Jarrett sta~ed that he has the capa- city for additional restaurant space; however, he is r~stricted due to negoti- ations entered into in order to get Office Max and Red Lobster to come to this site. Motion Mr. Johnson moved to approve the major site plan modification for the Boynton Beach Promenade, subject to staff comments. Ms. Huckle seconded the motion, which carried 6-I. Mr. Davis cast the dissenting vote. C. Landscape and Community Design Plan Appeal Review a request by Max Developers, owner of Boynton Beach Promenade, to allow the existing required hedge and tree landscaping around the perimeter of the project to remain in place and not be removed and replaced with the appropriate number of native species material and materials that will comply with the streetscape requirements specified in Appendix III of the Community Design Plan. This item was discussed Under 8.B.2. Chairman Lehnertz suggested using 100 per cen.t native landscaping. Mr. Cutro stated that when the trees need to be replaced, they will be replaced with native species. Hedges will be replaced with~ similar type species. At Mr. Davis' request, Mr. Jarrett had no problem with planting tall palm trees to the left of the doorway along the sidewalk~ in front of the building. Mr. Davis asked if there will be any attempt ~o improve the lift station area with landscaping. Mr. Cutro will contact Utilities to see if there would be any problems with putting shrubs there. - 11 N'INUTE$, PLAI,~ING AND DEVELOPMENT BOARD t4E~NG BOYNTON BEAC~t,' FLOR~OA NAY II, 1993 Notion Ms. Huckle moved to approve the request of Boynton Beach Promenade for landscape and con~nunity design plan, subject to all staff comments, and with the addi- tional palm trees in front of the building. Mr. Johnson seconded the motion, which carried 7-0. Other Time Extensions Request for one year time extension of a conditional use by Exxon for a convenience store with gasoline sales, Mr. Cutro advised that Exxon, through its agent Trammell Crow, has requested an extension of a conditional use for a convenience store with gasoline sales at the southeast corner of Woolbright Road and Congress Avenue. He stated that there has been no change in conditions since originally approved. The Technical Review Committee reviewed this and there have been no objections raised on the extension. Staff contacted the applicant regarding payment of the reservation fee, The right, of-way has already been dedicated. Staff recommended this be forwarded to the City commission w~th a recommendation for approval. Mr. Cutro expects the site to be solE. Mr. Weigle pointed oqt that this site is a mess. Mr. Cutro advised that there is supposed to~besome type of.ground cover down if there are no active permits. He will conta~ COde Enforcemest. He Will also contact Exxon about seeding the site and the bwne~s about cutting off the access to the site. Mr. Davis suggested granting approval subject to the property being brought up to code. David Feldman, agent for Exxon, will pass the information relative to the maintenance of the property onto the owner. Notion Mr. Davis moved to approve Exxon's request for a one year time extension, sub- ject to staff comments and subject to the entire site being brought up to Code. Mr. Johnson seconded the motion, which carried 6-1. Chairman Lehnertz cast the dissenting vote. Use Approval 2. Request to amend the list of permitted uses at the Boynton Commercenter P.I.D. to include the following: (a) Nursing registries; (b) Accessory retail of plastics; - 12 - HINUTES - PLANNING AND DEVELOPHENT BOARO NEET)'NG BOYNTON BEACH, FLORIOR HAY 11, 1~3 (c) Non-profit trade organization research facilities and records storage; (d) Leasing office; and (e) Satellite operations management offices for any light industrial use allowed in the M-1 zoning district, (f) Clarification of the reference to offices on the current list. Ms. Heyden stated that the Boyntom Commercenter has reached a point where they feel a need to revise the list of permitted uses to include the following: (1) Nursing registries; (2) Retail of plastics as an accessory use to wholesale/distribution Of plastics; (3) Non-profit trade organization research facility and records sro rage; (4) Leasing office; (5) Satellite operations management offices for any light industrial use allowed in the M-1 zoning district; and (6) Offices as referenced under operations centers on the current list of permitted uses for the Boynton Commercenter, Section I.D,B. She stated that, historically, other concerns that have been raised when evalua- ting the appropriateness of commercial uses in P.I.D.s include such things as traffic, parking, m~xes of uses, employment competition, and availability of the land already in the City that is zoned for the kind of use proposed. Staff has reviewed the proposed uses, and in view of the factors that have come up historically, recommended approval of items (1) through (5) above. However, with respect to (6), it is anticipated that because of traffic, parking, the employment situation, and since there is already land in the City that more than adequately satisfies the future office demand, staff does not recommend general offices be allowed and placed a limitation that only satellite operations man- agement offices for any light industria! use allowed in the M-! zoning district be allowed. In addition, an application is pending in the Occupational License Department for a professional engineer, and staff recommended this also be an approved use because it is similar in nature to the existing uses and it gener- ates a little traffic from the public. Ms. Heyden confirmed for Ms. Huckle that this request only deals with the Boynton Commercenter P.I.D. Hotlon Ms, Huckle moved to approve the list of permitted uses for the Boynton Commercenter to include nursing registries, accessory retail plastics, non- profit trade organization research facility and records storage, leasing office, satellite operations management offices for any light industrial use allowed in the M-1 zoning district, and professional engineering office, subject to staff comments. Mr. Collins seconded the motion. - 13 - HIHUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA 14AY 11, 1993 The motion carried 7-0. 9. COMMENTS BY MEMBERS Chairman Lehnertz mentioned that he was disappointed not to see Vincent Finizio's comments because he has a great deal of respect for his knowledge of City Codes and his insights into how all these applications are impacted by the City Codes. Mr. Cutro advised him that the items pertaining to engineering are handled by Mr. Staudinger. Chairman Lehnertz stated that he looks forward to seeing Mr. Finizio's commen~s because he has such a good knowledge of City Codes and how they apply in various circumstances. Mr. Cutro said he would bring this to Mr. Staudinger's attention. Mr. Cutro spoke to the members about the Planning Commissioner's Journal. Mr. Cutro advised the Board that Shirley Stevens has resigned from the Board. 10. AD~OURNHENT There being no further business to come before the Board, the meeting properly adjourned at 10:40 P. M. Eve Eubanks Recording Secretary (Four Tapes) - 14 -