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Minutes 12-08-92HZNUTES OF THE PLANNING AND DEVELOFHENT BOARD HEETING HELD ZN CONNISSION CHANBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, DECENBER 8, 1992 AT 7:00 PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairman Nathan Collins Dean Fleming Bradley Miller Shirley Stevens Paul Davis, Alternate Ken Johnson (excused) Nathan Sussman (excused) James Cherof, City Attorney Chris Cutro, Planning & Zoning Director Michael Rumpf, Asst. Planner I. PLEDGE OF ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:03 p.m. and led the the Pledge of Allegiance to the Flag. II. INTRODUCTION OF HAYOR~ COI~ISSIDNERS AND BOARD HEHBERS Chairman Lehnertz introduced the members of the Board and City Attorney Jim Cherof. Chairman Lehnertz announced that at the Annual Board Dinner, Board members are commended for their service to the City. Chairman Lehnertz presented each member with the Certificate of Appreciation from the City of Boynton Beach. I I I. AGENDA APPROVAL There being no additions, deletions or corrections, ~4s. Stevens moved the ap- proval of the agenda as presented. Ms. Huckle seconded the motion which carried 7-0. IV. APPROVAL OF MINUTES There being no additions, deletions or corrections, Mr. Miller moved the approv- al of the November 10, 1992 meeting. Ms. Huckle seconded the motion which carried 7-0. V. COHHUHICATIONS AND ANNDUNCENENTS A. Report of the planning and Zonln9 Oep~rtment Mr. Cutro reported that on November 17th, the City Commission reviewed a number of items which came before the Planning and Development Board. The Clare Alley Abandcnment was approved by the Commission. NINUTES - PLANNING AgO DEVELOPMENT BOARD NEET)NG BOYNTON BEACH, FLORIDA DECENBER 8, 1992 There was a review of a requested change to the Court Order on Alha~ra Square South. There was a Stipulated Court Settlement on this land for the development of 223 ACLF units. The developer requested a reduction to 192 adult apartment units. The City Commission denied the request. Regarding Lighthouse Square Marina, the City Commission extended the site plan for ninety (90) days to allow the developers time to secure financing. They decided not to approve, any further extensions. The City Commission approved a text change for the manufacturing of marine can- vas products in the C-3 Zoning District. A height exception was granted by the Commission for the site plan on the South Water Plant. The City Commission approved day care in the R-i~ Zoning District. The extension for Citrus Park was approved; however, it was backdated one year from June, 1992 to June, 1993. Because there is a substantial amount of money to be paid for a Reserve Capacity Fee, the applicant chose to accept the one- year extension. The City Commission authorized staff to go forward with a floating zone to allow nightclubs in the M-1 Zoning District. The Herman's Plaza sign was continued because questions were raised which require responses from the developers. Hopefully, this item will be taken off th~ table at the next City Commission meeting. Mr. Cutro announced that Mike Rumpf has been selected as the Employee of the Month for December. Regarding Atrium Place, Mr. Cutro said staff is trying to convince Mr. Desiderio to pailnt the back of the building. Mr. Desiderio claims a problem exists with an easement; however, Mr. Cutro and Mr. Haag cannot figure out exactly what that problem is~ Mr. Cutro will contact Mr. Desiderio again. In response toa question posed by Ms. Huckle, Mr. Cutro explained that the City CommissiOn did not Object to nightclubs in the M-1 Zoning District, but felt there should be cOnditions placed on the where [hey can be located. They authorized staff to go ahead with an understanding that if good criteria cannot be formulated, they will not accept the use in that District. VI. OLD BUSINESS None -2- HZNUTES - PLANNING AND DEVELOPMENT BOARD HEETTNG ~ ~ BOYNTON BEACH, FLORIDA DECEHBER 8, 1992 VII. NEW BUSINESS A. PUBLIC HEARING LAND ~SEELEMENT AMENDMENT/REZONING/COMPREHENStVE PLAN TEXT AMENDMENT Project Name: Agent: Owner: Location: Lawrence end H~poluxo Commercial Center Kieran J. Kilday/Kilday & Associates, Inc. Mar/Jame Limited c/o James Marc Brandon An 8,22 acre parcel at the southeast corner Hypoluxo Road and Lawrence Road Description: Request to show annexed land as Local Retail Commercial. to rezone from CC (Community Com- mercial) in Palm Beach County to C-3 (Community Commercial). and to amend the text of the Compre- hensive Plan Future Land Use Element - Planning Area 8.c Ms. Huckle questioned the absence of the word "annexation" from this applica- tion. Mr. Rompf explained that theLand Plan Amendment is reviewed by the Planning and Development Board and it assumes that anne×a~ion will take place. Ms. Heyden stated the Planning and Development Board does not have to review the annexation. Mr. Rumpf made the presentation. The current land use on this parcel is CL/5 (Commercial Low) and CC (Con~nity Co~nercial). The applicant has submitted a request to amend the Future Land Use Map of the Comprehensive Plan in order to change the designation on the property to Local Retail Commercial and to rezone it to C-3 (Community Commercial). A Comprehensive Plan Text amendment has been applied for to delete the portion of the recommendation for Planning Area 6.c which limits the area to residential use. With regard to surrounding land uses, Santaluces High School is located to the north; Knollwood Groves nursery property is on the east, which also includes a multi-family portion of the Knollwood Groves PUD master plan; single-fami)y homes and a con~nercial nursery are to the south; vacant property, zoned AR, is to the west; and vacant property, zoned for single-family development, is to the northwest. The land use amendment and rezoning requests are consistent with the land use and zoning designations in the County. Although this property was originally designated for residential development in the County, the applicant was granted an amendment and the zoning necessary to allow commercial development. The original residential classification was based on the City's land use designation. When approached by the property owner to have his property designated commercial, the County objected because of the City's Comprehensive Plan. The property own'er then requested that the City consider the potential for commercial development on his property and inform the County that they no longer opposed commercial use. On March 6, 1990, the City agreed that commer- cial land use was more appropriate and requested staff to inform the County of their informal decision. 3 N~NUTE$ - PLANNING AND DEVELOPNENT BOARD NEET~NG BOYNTON BEACH, FLORIDA DECEMBER 8, 1992 With respect to the City's Comprehensive Plan, there is text within the Future Land Use Support Document, and policies in the Plan, which pertain to land use conversion, namely, the conversion to commercial land use. Palm Beach County approved a site plan for approximately one-half of the subject property and on August 31, 1992, a certificate of concurrency reservation, which reserves service capacity until April 22, 1993 was issued. One of the con- ditions o~ the site plan approval is to voluntarily annex the property into the City of Boynton Beach. Staff recommends that the app]ications be approved as the property is contiguous to the corporate limits and is within the City's Reserve Annexation Area. The proposed LandUse Plan amendment is consistent with Palm Beach County's Compre- hensive Plan. The request for commercial land us~ is consistent with Policy 1.17.1 since access to the property is greatest, and impacts Upon residential land uses would be minor. The proposed Land Use amendment would not eliminate any residential land necessary to accommodate the: need which has been projected by the Comprehensive Plan. The subject property is more suitable for con~ercial uses, and a geographic need ma~y exf~t fo~ commercial ?and user'given its proxi- mity to Hypoluxo R6ad and' othe~ commercial locations. This si}~e is the subject of An approved~ Site plan, The, City Co~ission 'h~ previously 'informally approved commercial land use on' the subject property. Ms. Huckle pointed out an error on Page 5 of the back-up material. The date in #7 should be ~hanged to read April 22, 1993. Ms. Stevens q~est~oned whether any discussions had taken place with the property owner with regard to protectioh for the residential area to the south. Mr. Cutro ~tated there is an existing six foot wall on the south side. He explained that when property is annexed,i~to the citY, it is done with the development rightswhlch ~e already on tAe land. One existing problem is that there is no wall on the east side of the Broperty~. T~e reason for this is the fact that the proper~yon th~ east i? a nbr~,er~ land wheh the County reviewed it, they felt an agricUltUral u,~e again)t a co~rcial use' requires no buffering. The applicant wiil aUd~ess tiiis:issu~ during' his presentation. A wall will be installed on the south as Part of the develoPment. ~~represented the.property owner who was also present. With regard o the p~Operty on the~ sout~ and east, there is an existing condition in the County for the applicapt to provide a wall and additional landscaping across the south. Qo~ndary line. ~hey ~pQlicantwill extend that condition to include the east bOUndary line. Mr. Kii~y advised the property owner to the east that this condition would become a pa*P~ ~f tonight's record. A six foot chain link fence currently exists on the south property line and will remain in place until the property is developed. Only half of this property is approved for d~velopment at this time. That property is across from the blink- ing light at S~ntaluces High School. The owner is attempting to get a sit-down restaurant for this development. -4- MINUTES - PLANNXNG AND DEVELOPMENT BOARD HEET)NG BOYNTON BEACH, FLORXDA DECEHBER 8, 1992 The property owner had to meet concurrency traffic reouirements which limited the amount of building which can be placed on this property. Until 22nd Avenue is further four laned from Congress Avenue to Military Trail, no additional con- currency reservations can be secured. Mr. Miller questioned Mr. Kilday regarding the ultimate design of Lawrence Road. Mr. Kilday reported that Lawrence road had an eighty (80') foot right-of-way. The applicant is required to dedicate twenty (20') feet for additional turn lanes. The dedication on Hypoluxo has alreaay taken place. The applicant lost two acres of land for dedications. No other loss of property is anticipated. Mr. Kilday displayed the County's approved site plan nod noted that the blinking light will have to be upgraded across from Santalu:ces Migh School. The antici- pated use Of-the remainder Of the proper.tY is unknown at this time. All further development wouldhave to come through the City a~ part of the annexation. In response to Mr. Miller's qu~estion, Mr. Kilday said the dimensions of the site are 293 feet~deep Off HyPoluxo and 1,221r feet east to west. Mr. Davis a~ed Mr. Kilday to address the geographic need for this development. Mr. Kilday ~tated that the County has its own r~uirements and economic outline. According td County needs, undesignated commercial land is still needed in this area. In response to Ms. Huckle's question, Mr. Kilday reported that he has met with all but one of the property owners to the south. There have been no objections from any of the owners. Mr. Davis inquired as to whether or not the residential area to the south would remain in the County. Mr. Cutro explained that the City intends to pursue enclaves and this is one of those areas. They will be asked to annex into the City. Ms. Stevens mentioned that the State Legislature is preparing to do something to make it easier to take these enclaves in. Mr. Cutro has heard something to this effect, but has not seen anything in writing. Mr. Miller said he was confused reading through the back-up material and asked for clarification about previous action by the City or County with regard to this property being earmerked for con~nercial. Mr. Cutro explained that in 1989, this property was outside the City. The owner specifically asked the City Commission to recommend commercial use for this property. On March 6, 1990, the City Commission approved that request. A letter was sent by Tim Cannon to the County. The County altered the maps to show this property as commercial, but when the Land Use Plan was done, Mr. Cannon did not alter the City maps. Mr. Lehnertz further explained that if the City maps and the Comprehensive Plan were changed at that point, the changes would have had to have been reviewed by the Planning and Zoning Board and the City Commission. That review never took place. The City Commission's vote was an informal vote. Mr. Miller feels that in view of everything which took place in the past, the Board is hard pressed not to allow commercial use. However, he feels it is -5- M~NUTE$ - PLANNING AND DEVELOPMENT BOARD MEETING ~- BOYNTON BEACH, FLORIDA DECEHBER 8, 1992 possible that the residential homes to the south might assemble to this property and that would provide land for an entire center. Mr. Kilday said at one time, the property owners to the south considered assembling to get better depth. Mr, Kilday feels such a move would permit better planning of the site. However, all of the property owDers must agree on assemblage, and at this point, that is not the case. THERE WAS NO ONE PRESENT TO SPEAK ON PUBLIC HEARING. Mr. Davis noted that the back-up material reflects an excess of commercial pro- perty in this particular a:rea. ,Further, there is an addition~] notation regarding not allowi~g ~ercial deVelopment which will affect a residential zone ~r create strip developments. He f~els this site is not unique and the geograPhic needs are being met elsewhere. Therefore, he does not see the need for this change. Chairman Lehnertz also noted that there is a huge commercial development at ConGress Avenue and Hypoluxo Road as well as a huge commercial development at HilitaryTrait and Hypoluxo Road. The Comprehensive Plan mentions avoiding strip commercial zones and the City has attempted to avoid those situations. Chairm~n Lehnertz feels this site ~alls in that category. It will be a strip shopping center and eventually, Hypoluxo Road can become a roadway filled with str~p s~O~i~ng .centers. There art beautiful homes behind this property and Chairman ~hnertz feels this p~rCel could easily be developed as a residential area. Mr. Miller feels that assemblage may occur at some point in time; however, this parcel does not lend itself to residential use because it is too small and narrow for multi-family use, and because of its location on Hypoluxo Road, it is not appropriate for single-famiiy development. Therefore, it appears that the parcel should be zoned for commercial development. After reviewing Policy 119.6, Ms. Huckle concluded that because of the con- figuration of this parcel, she sees commercial as the only use for this parcel. Chairman Lehnertz inquired as to whether or not it was necessary for the Board to vote on the annexation. Mr. Cutro advised that the Board was only to vote on the Land Use Plan amendment and the zoning. Again, Ms. Huckle pointed out that the Planning and Zoning Board always participated in annexations and felt con- fused by this request. Mr. Kilday explained that when the Comprehensive Plan was adopted, boundaries were drawn of the designated annexation areas, so in effect, the annexation decision was made by this Board. Mr. Rumpf explained that this only goes back before the City Commission so that they can act to adopt an Ordinance which makes the action official. Motion Mr. Miller moved to approve the amendment to the Land Use Plan to a commercial land use designation as well as the approval of the requested rezoning to a com- mercial designation. Mr. Collins seconded the motion which carried 5-2. (Chairman Lehnertz and Mr. Davis cast the dissenting votes.) -6- 14I~E$ ~ P:LAN~IIWG:~ DEV~OP~IEHT' BOARB HE~ING B(~NTON BEACH~ FLORIDA DECE~IBER 8, 1992 B. S,I*TE~ PLAN MAJOR SITE PLAN MODIFICATION Froject~ Name-: Agent:. 8o~n~on~ Be~ch East Water Pha~e, I Expansion David' F]i nchum S~anl ey.. ~onsul tan~, Inc. ~ t~y;~ Of BO~ntb~*:, ,Be~Lch ~24~Eas~ Wo(>l b~'igh~ Ro~d Description:' ~equ~,Ao modif~the ~ite,by adding new parking ~: ~;and~hi~cl~st~rage~a~a$, installing a water lagoon ~nd sludge area and construct a 175 foot Hike Haag made the presentation. ~his p]~Rt is located at the corner of Woo3bright Road and Seacrest~B~l~a~d:~'~s moclif~;ca~ion is for the water ~tower. The pro~ect will ~nclux~e~El~g a~a ~ehq~c3e storage spaces, associated traffic aisles; landscaping, ~¢~r~,~ ~dge area and a water lagoon. The water tower wit3 be located o~ the ~out~astern portion of the site. The parking spaces and vehi c] e stor~:~pa:~ ~.~ ~ improved wi th, asphalt. The existing structures~ op t~e ,~;,:wi'~e,.~, ~n:~n pi'ace with: t~e exception of ~he existing wa~er tank which ~b~ :p~ed; oa~ a~.;~r~ved when the new tank bec~es operational. An additi~i 7.47 acres have been added to the site. Additionally, the appli~nt is.s~k~nga ~ar~ance~ o~the Landscape Code. Ns. S~evens questioned what type Of protection is in place for the residents to ~he south of the site. Hr. Ha~g a~vi~sed that there is a berm along Seacrest U~re=vard, but ~e~berm is sho~;~ ~he ~oath progeny line. The preserve area, Which; ~S very thick w~th Scrub ~E; b]OCks~ the v~ew ~f the s~te. In response to Ms, Stevens'-qUeSbqe~,.PeteF~Hazze]la~ Assistant to the Utility Director, said' there is ~rren~3~.A ~lu~;~aroa on s~*te. The~lagoon will be reoriented' 90 dog,Fees and the'~-~e,'A~a~i~be mo~ed south~rd. The sludge ~s an odor]ess lime sludge wh~h:~ ~esqdue~ from~the, wate~ treatment process. It can create a dust proDlem. Hoover, what ~s done now, and what will continue robe done, is to keep the sludge pile we~ so that the dust will not rise. landscaping is proposed on that property line. In response to Hr. ,DAvis,' ques~e~,Nr.~:H~ repomted that there will be a six- f~t high~ slatt~f~ce on th~st ~h:~ three-foot high be~, hedges and trees spaced forty feet On cen~:~ To respond to Chairman Lehnertz' question, Mr. Naag explained that the Landscape Code requires vehicle use areas have visual barriers. It does not say that the hedge can 'be removedif there i~.,~s~t~ed fence. The applicant feels the slatted fence willprovide an a~eq~a~e ¥is~raT bar~ier. -7- MINUTES - PLANNING AND DEVELOPMENT BOARD #EETING ~r~ BOYNTCH BEACH, FLORIDA DECEMBER 8, 1992 VII. COMMENTS BY MEMBERS Mr. Cutro asked Mr. Davis to telephone him regarding contacting people who might be interested in the vegetative salvage operation. He further stated that he would like to begin listing this suggestion as a staff recommendation. IX. ADJOURNMENT There being no further business to come before the Board, the meeting properly adjourned at 8:23 p.m. Janet M. Prainito Recording Secretary {Two Tapes) -9-