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Minutes 06-09-92MINUTES OF THE PLANNING AND DEVELOPMENT BOARDMEETING HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON:BEACH, FLORIDA, ON TUL~DAY, ~UNE 9, 1992 AT PRESENT Gary Lehnertz, Chairman Marilyn Huckle, Vice Chairwoman Natha"n Collins Dean Fleming Ken Johnson Bradley Miller Shirley Stevens Paul Davis, Alternate Nathan Sussman, Alternate Christopher Cutro, City Planner Mike Haag, Site Develop. Admin. Jim Cherof, City Attorney PLEDGE OF~ALLEGIANCE Chairman Lehnertz called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance to the Flag. INTRODUCTION O_~F HAYOR~ COHMISSIONERS AND BOARD MEMBERS Chairman Lehnertz introduced Mayor Arline Weiner, Vice Mayor Lynne Matson, Commissioner Harmening and the ~embers of the Board including the Alternates. AGEMB~APPROVAL With no additions, deletions or corrections to the agenda, it was accepted as presented. APPROVAL OF MINUTES Chairman Lehnertz explained that there were four sets of minutes before the Board for approval. Motion Marilyn Huckle moved the approval of the minutes of the workshop meeting held on May 20, 1992 as submitted. Bradley Miller seconded the motion which carried unanimously. Morton Marilyn Huckle asked that Page 6, Paragraph 4 of the minutes of the May 12th meeting be changed to reflect a change to the motion. She stated her motion should read, "...to allow the driveway to be the second driveway from U.S. I onto the subject property". Shirley Stevens moved the approval of the minutes of the May 12, 1992 meeting as corrected. Nathan Collins seconded the motion which carried unanimously. Motion Marilyn Huckle moved the approval of the minutes of the September 10, 1991 Downtown Review Board meeting. Nathan Collins seconded the motion which carried unanimously. - 1 - ~!~JT~ ,-p]~L~NNZNG AND DEVELOPMENT BOARD NEETING (~T~I ~BEACH:, FLORIDA OUNE 9, 1992 Dean Fleming moved the approval of the minutes of the April 16, 1992 Community Appearance Board meeting. Shirley Stevens seconded the motion which carried unanimously. COMMUNICATIONS AND ANNOUNCEMENTS Mr. Cutro has asked ArA to send ten (10) registration forms and membership in~omation, It will be forwarded to the members as soon as it is received. REPORT OF THE PLANHING AND ZONING DEPARTMENT On May 19th, the City Commission reviewed the Cedar Grove Ltd. PUD and tabled it until: nocertain time with a stipulation they Provide a full drainage plan and unifying control documents for,the entire development. The abandonment of NW 1st Avenue~was:approved subject to them meeting the criteria which was requested by the Planning and Development Board as part of. the staff recommendation. On June 2nd, the City service s )roved at most Winc Thi,s Bow'bri of Boyn BouleVard. the Knuth Road PCD which wilt allow a footage and pa,rking. the Fischer Apamtments and the Tara land use amendments December of 1991. The of 80 acres of the both sides of Winchester Road on the north side With regard to an intergovernmental coordination package between the cities and t e Cgun~y, Mr; Cutro expla~ned th~s came about as a result of the March lOth ballo~. The City is participating and will be g~ing public with a presentation to the League Of Cities on June 24th. An a~tempt is being made to meet with the County Corm~ission at the beginning of July on this subject. All of the mayors and C:itymanag~rs in the County have been contacted to arrange for meetings if thes~ave questions. This,process is a two:tier process with elected officials dec~ing on Countywide issues and Planners as a s~bcommittee to review land use plansi a~d to exchange information on land USe Plans which might have inter- governmental ihcompatibilities (ils). A m~diat$on process has been set up which will ope6ate on a voluntary basis with the Planners. Mr. Cutro rem~nded the members to submit their checks in the amount of $6 to cover: the!cost of the Planning Commissioners Journal. Chairman Lehnertz announced the presence in the audience of Commissioner Jose Aguila. OLD ~LISINESS A. None -2- HINUTES . PLANNING AND DEVELOPHEHT BOARD HEETING BOY'OH BEACH, FLORIDA ~UNE 9,~1992 NEW BUSINESS A. PUBLIC HEARING CONDZTIONAL USE Project Name: Agent: Owner: Location: Description: Mobil 011 Service Stetlon Julian T. Bryan III Lennar Homes Southeast corner of Congress Avenue and Hypolu×o Road Request for site plan approval to construct a service station, convenience store and car wash on a 0.845 acre site. Mr. Cutro made the presentation. This property is currently zoned C-3. This is an outparcel created at the corner of the property. The Boynton Lakes Plaza Shopping Center will be located to the south and east of this parcel which con- tains approximately 130,000 square feet of commercial space. Across Congress Avenue to the west is the Meadows Square shopping center. Unincorporated Palm Beach County is to the north of Hypoluxo Road. The proposed use is a service station with a convenience store and car Wash. Since there is a series of cri- teria to be evaluated for a service station, Mr. Cutro reviewed them with the members. t. Ingress and egress is provided by a 40' driveway on Congress Avenue with a 30' to 35' driveway on Hypoluxo'Road. The Country traffic standards have been met for this project. There are eight (8) off-street parking spaces. There is proper lighting on the site and staff will work to be certain that the lights from the station and those from Boynton Lakes Plaza do not cause a problem for the residents on the south and east sides of the property. The dumpster has been proposed and will be located on the southeast corner of the site. 4. The site is served by water and sewer as well as electricity. 5. The proposed landscaping and buffering exceeds the requirements of the landscaping a~d zoning regulations. The proposed signs and site lighting meet the Code. Although there are some comments in this regard, they will be addressed at the time of building permit. 7. The building setbacks meet the Code. There will be a 25' frontage. There is a 75' setback for the car wash. Mr. Cutro pointed out a typographical error in #8 and #10 of the back-up materials. The word "nOt" shouqd be inserted so that the sentences read, "..,would not adversely affect...". 9. The building height is 20' which is allowable by Code. tt is a one- story structure. -3 - ' iMINUTE$ ~ ,PLANNING AND DEVELOPHEHT BOARD HEETZNG :BOYNTON BEACH, FLORZDA JUNE 9, 1992 10. There will be no economic impact on the surrounding properties. The development meets all Code of Ordinances including the site plan regulation, the C-3 zoning district, the Landscape Code, Parking Lot Layout and Con~nunity Design Plan. 12. The Environmental Review Board approved this project on May 28, 1992. Colored drawings were presented for review by the members. The buildings will have a barrel-type roof which is terracotta. The color will be between orange and red. The building wi]l be biege With a white strip and contain Mobil signage. There will be l~ndscaping on ail sides. Mr. Cutro would prefer some color in the landscaPing and will work with the applicant to get low flowering plants on Congress Avenue and Hypoluxo .Road, The rema, inder of the property is buffered with a hedge excep~ Where the openi~ exists into the,Boynton Lakes Plaza shopping ceEit~r. Tr~es on the site will be spaced apProXimately 40' apart. An area h~s been provided as a safety island so that pedestrians cannot cut across the property. The Utilities Departm?t had three outstanding comments which have now been met. Mr. Haag prOV-ide~ copies of a memorandum and plans Which show the rectified com- ments. ~h,e :E~re, iDepartment comment with regard to the hydrants~ was also rec- tified. Staff reN~mme~ds forwarding th~s application to the City Commission with a recemmendatibn for approval. Ms. Stevens Mr. Cutr~ Over. Th~e L~kes and. th~ additional i indicatii~i) anticipated propert~ Ow ~stioned where the canal, which runs along Hypoluxo Road, goes. ed~the camal goes to Lake Ida and it will be culverted and covered s a triparty agreement among the County, the owners of Boynton CoUntry Traffici~ Engineer for culverting of the canal to allow ~ lanes i~ that~area. There are letters in the Boynton Lakes file Goins wap attempting to buy the Boynton Lakes Plaza site and e Culverting moh~ths ago, but the RTC has not as yet passed the to him. Ms. Stevens is concerned because this project is close to the drainage ditch. Are thece sa[eguards planned for this project? Piber glass tanks which are, surrounded by,test wells, are used. Those well are tested on a regular basis for leaks. Any drainage from the site goes to pretreatment before it goes into the culwert. That would be a filtering process. Also, there is a requirement for concrete,at the pumps. Instead of the ground absorbing any spills, the gasolin~ will) evaporate. DERM approves these items before a permit is issued. There aresa~e~y ~hutoffs on the gas pumps. Ms. Stevens questioned whether or not we mre i~ 'possession of the Lake Worth Drainage District and South Florida Water Mmnage~ent permits. Julian Bryan~ representing Lennar Home$~ stated that all permits for Lake Worth Drainage Dis~r'ict and SOuth~da Water Management have been obtained. The Lake Wo~h~permit was the one most recently approved and it dealt wi th the issue Of the j=$nt agreement discussed earlier. The canal is accepting runoff from Hypoluxo and Congress. The canal will be filled. The possibility of infiltra- tion ha~ been dealt with =nd he reconfirmed Mr. Cutro's explanation of the pretreatment process. -4- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA ~)UHE 9, 1992 Mr. Collins questioned Page 4, #2 of Dorothy Moore's memorandum of June 3 with regard to th~ landscaping. Mr. Bryan explained that the landscape architect showed a tree on top of what was going to be a manhole. That tree has been moved 10' to the south so there is no conflict with the easement or the manhole. Ms. Stevens asked how much of a problem would exist with runoff going into the homes during a severe storm. Mr. Cutro explained that in such a situation, there will be some standing water ever3~here. However, the South Florida Water Management District approved standard is more restrictive than the City's and states a three-year, seventy-two hour storm. Mr. Cutro anticipates that because of the location of the site, any runoff would impact the shopping center first and then the residential. In response to Ms. Stevens' question, Mr. Cutro stated that at the time of building permit, an analysis of the lighting will be done to ensure the site is not overlighted. Ms. Stevens wondered if there were any specified operating hours. No hours are specified, but they generally ooerate on an eighteen or twenty-four hour basis. Mr. Cherof advised that a condition could be put on the approval limiting the hours of operation. Ms. Huckle pointed out that the shopping center will provide a noise buffer for the residences around the service station and does not feel the traffic from Hypoluxo and Congress will produce a problem. In response to Mr. Johnson's query, Mr. Bryan said the Fire Department had two questions. One of the comments regarded providing the necessary fire flow calculations which demonstrated there would be enough pressure at the site since this site must gain access from Plaza Lane. That information was provided, reviewed and determined acceptable. The second item dealt with assurances that the line would be constructed. This parcel is separate from the shopping center. The shopping center's plans for water, sewer, and drainage are necessary to serve this parcel. The Fire Department was presented with a docu- ment from La,nar assuring them that these facilities would be installed at Lennar's expense concurrent with the development of the service station. The easements have also been received from the shopping center in proper legal form. As part of the plat, the proper documentation has been provided along with Letters of Credit for the cost of those improvements to guarantee their installation. Mr. Coll.ins was assured that the water generated from the car wash is 100% recycled water. Mr. Miller questioned whether or not there will be allowances for deceleration lanes coming out of the intersection on Hypoluxo Road. There will be a right- turn lane northbound on Congress Avenue as a part of the improvements to Hypoluxo and Congress. There will be no additional acceleration lane on Congress Avenue eastbound. Also, there will be no median cut westbound on Hypoluxe to serve this site. The distance from the intersection to the driveway on Hypol,uxo is approximately 125' to 130'. Mr. Bryan stated he is in agreement with the staff recommendations. HINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLOR[DA JUNE 9, 1992 CHAIRMAN LEHNERTZ DECLARED THE PUBLIC HEARING OPEN. Ra~Capoblan¢o~ ot 58 PaxtordL~n~, lives in the Boynton Lakes North develop- ment. He purCha~d~ ~ the take and feels this project wilt allow the lake to become a storm drainage. He is violently opposed to this project. THE PUBLIC HEARING WAS CLOSED. Mo~lon Mr. Collins moved to approve the request for conditional use and site plan approval to construct a service star,on, convenience store and car wash on a 0.~45 acre site located at the southeast corner of Congress Avenue and Hypoluxo Road, Project Name: Mobil Oil Service Station, subject to all staff comments. Dean Fleming seconded the motion. The motion carried unanimously. CONDITIOHAL USE 2. Project Name: Ag nt. Owner: Location: Description: Waste Management of Palm Beach Ron Dorris Ron Dorris Architects, A.1.A., P.A. James and Genevieve Rollyson North side of the cul-de-sac at the east end of Industrial Way Request to allow a 2.4 acre vegetative mulching, wood chipping and transfer facility restricted to vegeta- tive waste only. Mike Haag made the presentation. Mr. Haag referred to an overlay of the site which was imposed on the zoning map a~d pointed out the proposed site. The clo- sest residential property to the site is ~ocated approximately 600' east of the property and across 1-95. To the north of the property is a 3.1 acre lot with an existing 50,000 square foot light manufacturing building. Abutting the pro- perty on the east is a 1.6 acre vacant lot and on the south, across Industrial Way, are sites with buildings used for light manufacturing and storage. The Waste Management Facility is on 7.3 acres to the west of this property. Waste Management is purchasing the property to be developed into a mulching facilitity. Trucks will enter to deliver vegetative waste. It will be separated. The non-vegetative waste will be stored in a storage facility on site. The vegetative waste will be placed into a tub grinder which will produce the mulch. The mulch will then be loaded into a truck by conveyor and taken to the Solid Waste Authority. There was concern raised with regard to parking spaces which existed before the site was developed. 100 parking spaces are required by Code. Since forty spa- ces are being removed to accommodate this facility, the site would have to be upgraded. Mr. Haag reviewed the criteria used to evaluate the conditional use. 1. Ingress and egress will be provided by a 28' wide two-way driveway. 2. Seven off-street parking spaces are provided on the site. -6 - HINUTE$ - PLANHING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA JUNE 9, 1992 3. The refuse area is acceptable for City sanitation vehicles to provide the necessary services. 4. The site is served with City water and sewer lines and Waste Management will connect into that service. The mulching area is totally screened with a 6' high vinyl slatted chain link fence. A landscape Duffer of Oak trees and Cocoplum hedges will also enclose the mulching!area on the outside of the fence. The trees ~]ong Industrial Way are spaced 20' on center with trees around the emaining sides sporadically spaced. A freestanding sign exists west of the driveway entrance and parallel with Industrial W~y. Lighting 'is provided by fixtures mounted on thirty-five foot and forty foot high poles. At the time of permitting, the Building Departmentwill evaluate the footprint of the light levels and glare and ask for glare shields where necessary. 7. The proposed setbacks meet or exceed the requirements. 8. The use is compatible with others in the area. 9. The height of the building is 20' and it is a one-story structure. Mr. Haag skipped #10 and moved forward to #11. 11. This application must go through the site review process which is currently being done. Land Development Regulations, Chapter 4, Part III is being used during review. 10. The applicant submitted "Exhibit B" to respond to economic effects on nearby properties and the City as a whole. I2. The applicant submitted "Exhibit B" to respond to the issue of compliance with, and abatement of nuisances and hazards in accordance with the performance standards Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance. In reviewing the comments and recommendations, Mr. Haag pointed out there is a big concern about parking for the existing building. The existing building has an Occupational License for business of 45,000 square feet of a 50,000 square foot building. 100 parking spaces are required and they are now forty spaces short of the requirement because of the new site. However, during field visits it was determined that no more than thirty-five {35) cars were ever parked at one time. Staff recommends approval of the project subject to the remaining staff comments and with the addition of the applicant showing that the decibel levels do not exceed the permissible level of 65 decibels. Staff further recommends that prior to the issuance of a Certificate of Occupancy for Waste Management, there be provided on the site to the north the 1OD parking spaces required by Code. A question had been raised about the amount of material to be stockpiled on the site. Waste Management has indicated that the material will only stay on the site for twenty-four hours. -7- H~HUTE$ - PLAHNZNG AND DEVELOPMENT BOARD H£ET~NG BOYNTON BEACH, FLORIDA ,)UNE 9, Z992 Ms. Huckle pointed out that there was a discrepancy in the summary presented in Mr. Haag's Memorandum No. 92-108 dated June 2, 1992. She advised that by subtracting the figures regarding the size of the lot, the remaining figure totals 4.! acres, not 3.1 as written. The applicant will clarify this point. A colored site plan and elevation were displayed for review by Board members. The colors will be the same as the existing Waste Management Facility to the west of this site. Mr. Haag confirmed for Ms. Huckle that staff is confident the comments noted on Page 11 of the backup reports can behandted' at the time this is submitted to the Building Department for permit review. Ms. Stevens requested clarification regarding the parking spaces. Mr. Haag explained that this particular site has ample parking for the use, but the building to the north is short forty {40) parking spaces. The City is recom- mending that they provide the,necessary spaces by the time the CO is issued for this project. Space is aYailable ko provide those spaces. It is believed that the site to the north would have go be brought up to Code, but the City must review the drawings to evaluate what conditions currently exist and the proposed new constructilon. Mr. Cutro feels the building must be upgraded because parking spaces are being lost. A nOm,-conformity cannot be created for the sake of sub- dividing. Rollyson is gaining by the s~bdivision and they will have to upgrade t~e~r site. MY. Cherof ,feels that {he applicant must indicate he is aware of the impact on the adjacent propert~ and respond as to how the issue will be d~alt ~ith. It is the City's opin~on~thaC'the upgrading is required. Chairman Lehnertz clarified that the staff recommendation is that the parking lot need ~ot be upgraded until Waste Ma~agament is ready for a CO. Mr. Cutro f:rthe~e~plained that if ~his appllcatio~ is approved by the City Commission, W~ste Management will go forward i~medi:at~ly. The Eollyson ~roperty will have to go ~rqugh site plan,review and Mr. Cutro does not feel Waste Management should ~e !held up b~cause o~ that process. Ms. Stevens wondered whether or not t~e Cit~ ~s any leverage to make certain iRo]lyson Upgrades the site. Mr. Cutro stated W~te M~nagement will have to address this issue. Rollyson is aware of t~is si~tion, Mr. Cutro suggested a plan be in the works before the building permit i~ issued for Waste Management. It was po~;nted out that upgrading of the parking lot will incur expenses involving ~ralnage, llighting and landscaping. Paving may not be very expensive since they will be w~rking with the existing paving. There is land to the east of the property which they can drain to. Ch:airman Lehnertz asked how much of a delay would be involved if a condition is put on the building permit. Mr. Cutro stated the maximum would be 150 days. Ms. Stevens wondered if any comments had been received from any of the citizens with regard to noise which will be generated by the mulching machine. There are no complaints in the files and only~one call was received with regard to the stockpiling of material. Ms. Huckle does not feel that Waste Management should be held responsible for seeing that Rollyson upgrades his property. Mr. Cutro stated that the applicant takes the responsibility of going back to let them know what must be done for -8- HINUTE$ - PLANNING AND DEVELOPHENT BOARD HEETZNG BOYNTOH BEACH, FLORIDA ~UNE 9, 1992 them to gain approval. Everything happening to Rollyson's building is resulting from the request from Waste Management. Ms. Huckle thought this should have been worked out before it came to the Board for approval of the use. Attorney Cherof suggested the applicant discuss these issues with the Board. He feels this should be considered one entity and Waste Management should be considered an agent on behalf of the property owner. Ron Dorrt$, Architect, located at 311 NE 8th Street, Homestead, Florida, intro- d--6Ee~r Sachs, the ~y ~o~a~-~e~n~6~ent, of Sachs &' ~ ~.A., Michael Bryant, General Manager for Waste Management of Palm Beach, John Albert of Waste Management of Palm Beach, Kevin Cavanaugh and Tom Lundsford with Keith and Schnars Engineering. Mr. Dorris stated Waste Management runs a first-class operation. The site is immaculately maintained and has been an asset to the City. With regard to the question raised about the acreage, Mr. Dorris confirmed that it is a 4.1 acre site. Mr. Dorris stated that the Rollyson property is owned by the Rollysons and this 2.4 aores owned by Waste Management. The only tie they have is that waste Management has given them an ingress and egress agreement until the time they might Wish to improve Miner Road. There are now two separate owners and two separate sites. Waste Management will beautify the ingress and egress of the site. Mr. Dorris does not feel Waste Management should be held responsible for the Rollyson site. Waste Management is willing to comply with all comments, but theY have reservations about proyidinga new paved parking lot, drainage, lighting and landscaping for the Roi~ysons~ Waste Management wit) pave, p~rovide lighting, landscaping, drainage and irrigation for the entrance to the property. Chairman Lehnertz pointed out that Waste Management is not responsible to upgrade and landscape the parking lot f~r Roltyson, but the City is tying the two projects together so that the RO~lyson property will be upgraded. Mr. Dorris stated that if the permit or Certificate of Occupancy is withheld, the burden is then placed on Waste Management to do the improvements if Rol:lys~n does not. Attorney Cherof asked if Mr. Dorris was contesting the fact that the approval of the project would render the other propert~ non-conforming with respect to the parking. He further asked if the properties are interrelated. Mr. Dorris stated they were interrelated, on June 4t~h, Waste Management's Attorney mailed an update to Mr. Cutro proving the closing on the property on May 27th. The property has been sold to Waste Management and Mr. Dorris feels Rollyson should handle his own parking. Ms. Huckle asked that the record reflect the fact that the Board's report was dated June 2nd and it says Waste Management was under contract to purchase the property. It was just learned that Waste Management purchased that property on May 27th. Mr. Cutro confirmed the letter was received today. Ms. Stevens questioned Attorney Cherof as to how to make a non-conforming piece of property now come into conformance. Attorney Cherof pointed out that would be a separate issue. The ~ssue before the Board was filed on behalf of one owner and there has been an advance of the property since the application was submitted. Mr. Collins pointed out that Waste Management is now the owner and is requesting a specific use of the property. The Board can move on that request if the site conforms and meets all requirements. Attorney Cherof explained that the current owner {Waste Management) does not have an application before the Board. The applicant sold the property. -9- NZNUTES - PLANN)NG AND DEVELOPMENT BOARD HEETZNG BOYNTON BEACH, FLOR)DA ~UNE 9, 1992 Peter ~achs~ of Sachs ~ Sax, P,A,~ said that on May 27th the parties closed on the 2.4 acres and Waste Management is the owner of the parcel. When the appli- cation was originally made, the owners were the Rollysons.. He pointed out that Waste Management has been working on this project for over a year. The owners, Waste Management, would like approval for the conditional use. Waste Management cannot agree to the condition of changing the remaining portion of the Rollyson property since Rollyson is not present and Waste Management does not represent them. Attorney Cherof feels this application must stand on its own. The procedural problem involves the fact that the application was submitted in one owner's name, and that property has now been sold. This problem can be solved if the owner of the property can obtain an assignment of the application. If the ori- ginal owner of the property sold off their available parking, then they must address that issue. This application should not ,contain any condition for appro- val based upon enforcement of parking on the adjacent property. However, Mr. Chero~ advised that a conditio~ should be added that this.propert~ owner obtain an assignment of the application so that the~e is proof t~e owner of record is appearing before the Board and the conditional use application can be amended to reflect that. Ms. Huckle pointed out to Waste Management that the Board had no intention of reflectingl] negatively o~ their application. These are technical questions which have been ~raised. Ms. Stevens pointed out that the staff recommendations might be different if they had r~viewed this on the basis of one site. She wondered how a judgment could be made. Mr. Collins stressed that one owner is before the Board and the only dqfferehce is the name on the application. Mr. Fleming felt the only issue is Roll,son's property being brought ~p to Code, and that is a separate issue. This pro~e!~y meets all of the necessary requirements for this 2.4 acres. Ms. Stevens wondered what determination the City Engineer would have had if he reviewed onl~ this site. Mr. Cutro explained that only Planning and Zoning Departme~ and Engineering reviewed the site as a whole. The site was evaluated on its~O~n. They also evaluated whether the Rollyson site could stand by itself. Mr. Cutro Stated each site can stand by itself and he is confident the Roltyson~property can be upgraded. Rollyson will be informed that he has now made his~Site non-conforming and when his license comes in, it will not be reissued until the site is upgraded. Mike Kazunas stated the site can stand on its own~ Attorney Cherof feels this must be treated separately and suggested the members imagine the application was submitted in the name of the current property owner. It wilt be necessary to do some things before the City Conmlission meeting, but the Board may proceed with a determination. In response to Mr. Collins' question, Mr. Dorris stated the facility will operate from 8:00 a.m. through 6:00 p.m. He further questioned Mr. Dorris about stockpiling. Mr. Dorris stated that whatever is brought in will remain over- night. The following day, the material wilt be mulched, put into trucks and removed from the site. The material should only be on the site for twenty-four hours and once processed into mulch, it will only remain for twenty-four hours. - 10 - NZNUTE$ - PLANNING AND DEVELOPNENT BOARD NEETING BOYNTON BEACH, FLORIDA JUNE 9, 1992 John Albert, Vice President of Waste Management of Palm Beach, said there is no advantage to keeping the material on the site. As soon as it is mulched, the trucks will be filled and the material will be carted away. The confines of the site will not allow accumulation. Mr. Albert stated there will be a muffler on the machinery to abate noise. The City of Boynton Beach will be provided with free mulch and there will be no commercial sales. Mr. Albert addressed the fire experienced west of Boynton Beach. The facility was a processing center for construction and demolition material where they do stockpile materials. That site is approximately 10 acres in size. Mr. Albert has no pnoblem with the addition o'f hedges required by the City. Ms. Huckle stated that the properties at the current facilit~ are beautiful. Mr. Collins wondered if it was possible to change the name of the owner when the recommendation is made bY the Board. Mr. Chmrof feels a letter should be sub- mitted by the current owner stating there has been a conveyance of the property and requesting a change to the application. A copy of the warranty deed must be included. Chairman Lehnertz mentioned his concerns about trash which might be mixed in with the vegetation. He thought the storage building seemed small to store what might be picked up. Mr. Albert stated that metal objects must be removed from the pile so that the equipment is not damaged. The collection operators are trained to leave toxic-type materials at the curb. When the people call Waste Management, they are instructed in the proper way to dispose of the material. Mr. Haag reported that these discussions came up during the staff review and it was recommended that these items be moved inside so that if there was anything which might leak out, it Would remain in the curbed area. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Paul Davis, Alternate Member of the Plannin9 and Development Board, posed the ~-6-F~owi--~uestions. -- 1. How does this project fit into the Comprehensive Plan? Ms. Huckle stated that Page 2 of the back-up material, the paragraph dealing with standards for evaluating conditional uses, states that the Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of the zoning regulations. Since the zoning regulations are part of the Comprehensive Plan, this project can be considered in compliance with the Comprehensive Plan. 2. Why not haul this material directly to Solid Waste Authority? Chairman Lehnertz stated there is a State Code which states communities must recycle a certain amount of waste and stop putting them into land fills. Mr. Albert stated that State law prohibits this material from going into the land fill. That is the reason for separate vegetative collection. 3. What is the service area for this facility? Although Waste Management services all of Palm Beach County, this facility will basically serve Boynton Beach and Delray Beach. - 11 - *...provided with free mulch indefinitely~,. NINUTE$ - PLANNING RND DEVELOPNENT BOARD MEETING BOYNTON BEACH, FLORIOA OUNE 9, 1992 4. Are there other facilities like it in the area besides the one located on Pike Road? Unanswered. 5. What ~ffect would the mulching facility have with regard to dust and noise? Ms. Huckle pointed out that the submission of "Exhibit B" addresses the issue of dust. 6. Can assurances be provided that the relocated trees will survive after relocation? Chairman Lehnertz was similarly concerned with the relocation of the trees. There was no obvious guarantee that the trees that die will be replaced. Mr. Fleming pointed out that the trees are listed on the plan and they must be main- tained and replaced if they die. Notion Ms. Huckle moved that the Board recommend approval of the conditional use appli- cation made by the owners' agent, Mr. Ron Dorris, for Waste Management of Palm Beach, subject to staff comments and also to include the Board's comments per- taining to this site and with regard to the need to have a document of assign- ment and amendment of the application and a copy of the warranty deed. Mr. Cutro will alter his recommendation so that it is for approval of the site with staff comments, excluding the comments regarding the remainder of the pro- perty. Nathan Collins seconded the motion which carried unanimously. A SHORT RECESS WAS CALLED BY CHAIRMAN LEHNERTZ. CONDITIONAL USE 3. Project Name: Agent: Owner: Location: D~scription: Plaza West Oolnt Venture Vincent Gallo M. & H. Mentaperto, J. & G. Gallo, V. & B. Gallo 3452 W. Boynton Beach Boulevard A conditional use to allow any of the following uses within the subject property: Beauty Salon, Barber Shop, Manicurist, Tailor, Dressmaker. Chris Cutro made the presentation. This site is located at the southeast corner of Knuth Road and Boynton Beach Boulevard. This is a 2.4 acre site with approximately 13,000 Square feet of space. This site has ninety-six {96} parking spaces. The site isilandscaped and there is a buffer and fence provided on the east side of the sitebetween the property and Stonehaven development. There is a commercial structure to the north of this property with vacant land to the west. A service statqon will be constructed on that western property. An office building is located to the south and Stonehaven PUD is to the east. - 12 - MINUTES *- PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA JUNE 9, 1992 Ingress and egress is provided by two driveways. The driveway on the north is 72' from the corner and is a one-way out driveway. The second driveway is on the south side of the property and is the main access to the building. No traffic evaluation is necessary because the site is already in place and the square footage exists. Sidewalks are provided. There are ninety-six (96) parking spaces on the site which exceeds the parking requirement. It is believed that the proposed uses will not adversely affect the surrounding uses. A dumpster exists for solid waste but the dumpster has Deer moved into one of the parking spaces. The dumpster must be moved back to the pad and a wall with gates must be erected around it. 4. The site is served with water and sewer lines. 5. Buffering needs to be upgraded to the Code of Ordinances. A hedge must be installed on the east side of the property. 6. The existing sign does not meet the Code and must be brought into con- formance by 1996. 7. The structure meets the setback requirements of the C-i zoning district. This site was developed in the County and annexed into the City. It is compatible with other uses surrounding it. This complex will act as a buffer between Stonehaven PUD and the Knuth Road PCD to the west. 9. The structure is a one-story building. 10. No detrimental impact is anticipated on the surrounding, uses and econo- mic impact on the City will be minimal. 11. The site will conform with the Code of Ordinances with the addition of the dumpster pad and planting of hedges. 12. None of the proposed uses require environmental review. Staff recommends forwarding this application to the City Commission with a recommendation for approval subject to the hedge being installed on the east side of the property and that the dumpster be returned to the dumpster pad and a wall and gates be added to that location. Vtncen~ Gallo~ ~gen~ fo~ ~he owners ~ndone of ~he ten,nfs tn the bulldlng~ explained that this site was developed in the County. The City requested annexation of the property, He is surprised that the o~ner will have to plant the hedge on the east side of the property. He claimed the developer of the Stonehaven PUD put in a fence and that fence should be adequate. The dumpster was moved to the back because they are currently participating in office recycling and will be receiving another dumpster for that purpose. Mr. Gallo said they have contracted with a fence company to fence in both of the dumpsters and block them off from the site. The fence will be chain link with slats and gates. He claimed they are willing to comply, but the 400' of hedge is a finan- cial imposition. - 13 - NINUTES - PLANNING AND DEVELOPHENT BOARD NEETING BOYNTON BEACH, FLORIDA ~UNE 9, 1992 It was pointed out that the existing fence on the east side of the site is not owned by the applicant. The fence is either owned by Stonehaven or the indivi- dual homeowners. If it is Dwned by the homeowners, it can be moved whenever they choose to do so. A question was raised regarding whether or not the fence around the dumpster is acceptable. Mr. Cutro explained that a hedge around the fence will make it acceptable. It was pointed out that irrigation will be necessary to maintain the hedges. Mr. Gallo stated irrigation is no problem. Also, the dumpster enclosure will have double gates. Mr. Fleming asked what triggers whether or not the owner puts in the buffer. Mr. Cutro stated that staff recommended the buffer be increased. The residents will not g~in anything si:rice the houses do not front on the fence. Mr. Cutro suggested an alternative of additional trees on that side of the property. The trees will :be cheaper than installing 400' of hedge. Ms. Huckle point.ed out that the COde refers to a hedge, not trees. She could not understand recom- mending trees when the Code requires hedge. Mr. Cutro feels there is latitude when d~aling-with a conditional use. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC NEARING. Ms. Huckle moved that the Planning and Development Board recommend approval of the conditional use application for Plaza West Joint Venture subject to staff comments and requirements. Dean Fleming seconded the motion which carried una- nimously. B, SITE PLANS NEW SITE PLANS Project Name: Agent: Owner: Location: Description: Bo~nton Amoco Kilday & Associates Winchester, Winchester, Zeiher and Schroeder. c/o Schroeder &Larche, P.A. Northeast corner of Boynton Beach Boulevard and Winchester Park Boulevard Request for site plan approval to construct a service station, convenience store and car wash on a 0.844 acre site. Chris Cutro made the presentation. The land use designation on this property is Commercial Local Retail and is zoned C-3. The site is 35,716 square feet and the building will be approximately 1,200 square feet. This site plan was sub- mitted prior to the changes which were made to the Service Station Ordinance. Mr. Cutro reviewed the criteria: The requirement for a distance of 1,000 feet between service stations was deleted because therewas a court action which was settled out of court permitting Mr. Winchester to develOp this site. The minimum site size requirement is 17,500 square feet and this site is 36,716.99 square feet. blINUTE$ - PLAh~IHG AND DEVELOPHENT BOARD #EETING BOYNTON BEACH, FLORZDA OUNE 9, 1992 3. This site will contain more than 10% landscaping with proper irrigation. 5% of the landscaping is adjacent to the public right-of-way. 4. The gasoline pumps will be more than 30' from the front of the property. 5. The driveway entrances measure 45' across and are more than 40' to any street intersection. 6. The safety island has been provided. 7. Since there is no residential property surrounding this site, no masonry or concrete louver wall is required. 8. The entrance to the car wash will be located on the site providing a minimum of 75' to allow an off-street area for waiting vehicles, g. There will be no adverse impact on surrounding uses. 10. The project received Environmental Review Board approval on March 26th. Mr. Cutro displayed colored drawings of the buildings. The building will be biege with a barrel-tile roof on the canopy, main building and car wash. The sign logo will be installed on the roof. The plan is consistent w~th the Community Design Plan, the Landscape Code, the Building and Site Regulations, the Parking Lot Layout. Any outstanding comments can be met at the time of building permit. Staff recommends forwarding this application to the City Commission with a recommendation for approval subject to the submission of working drawings for permit review that depict the project in compliance with the City Codes. Ms. Stevens raised questions about the dumpster and the site traffic cir- culation. Mr. Cutro stated that the dumpster situation will be resolved at the time of building permit. The dumpster enclosure must be 101 x 10' on the inside. Kieran Kllda~ of 1551 Forum Place~ West Palm Beach~ stated staff recommended moving the west entrance 10' to the south. 'The applicant is agreeable with this change. Dean Fleming questioned whether or not there will be landscaping around the new signing. Chuck Yanettt~ Landscape Architects stated no landscaping is currently planned. Mr~ Fleming asked if the applicant would be willing to put in landscaping around the sign. The applicant is agreeable with the request and Mr. Yanetti will find some type of landscaping which will work in that area. Mr. Kilday stated that small shrubs will be put in around the base of the sign. Chairman Lehnertz asked for clarification of the court settlement mentioned earlier in the presentation. Attorney Cherof explained that the settlement followed an application for a variance which was denied. It was a due process challenge with respect to the grounds for denial of the variance. Upon advice from Mr. Cherof, the City Commission settled that case and the variance was approved. - 15- MINUTES - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTON BEACH, FLORIDA JUNE 9, 1992 Motion Ms. Stevens moved to recommend to the City Commission that they approve the con- ditional use for the gas station on Winchester Park Boulevard and Boynton Beach Boulevard subject to all staff comments and subject to the addition of the bushes around the sign. Dean Fleming seconded the motion which carried unani- mously. MAJOR SITE PLAN MODIFICATION Project Name: Agent: Owner: Location: Description: Bookstop Thomas T. McMurrain American Development Corporation c/o Richard Boyer t895 North Congress Avenue Req~est~ ~or site plan approval to construct an 11,772 squarefoot retail bookstore as an outparcel at the Targ~tShopping Center Mike Haag made the presentation. The zoning district is C-3 and the land use plan designation is Commercial Retail. An overlay of the existing site plan was displayed for review by membecs of the Board., Mr. Haag explained that two pads have been comb}ned and the parking has been moved throughout the site to accom- modate the parking spaces. The adchitecturali design of the proposed building will match the existing features Of the existing shopping center. Staff recom- mends approval subject to st~f comments. Mr. Bradley questioned the vaciance approval referenced on the plans. Mr. Haag explained that had to do withla dedication used for 22nd Avenue. When that was done. some of the parking spaces had to be omitted, They applied for a variance to reduce the number ,of reqwired parking spaces. The variance was approved. Mr. Bradley pointed out a parking space on the south end of the retail area which is not on ~he property. Mr. Haag explained that the applicant added the space and the plans~submitted did not indicate he would be outside of his property. He identified ~ight spaces on the plan, but upon field inspec- tion, only seven exist. Staf~ is aware of this inconsistency and will deal with it at permit time. Mr. Brad1~Qy feels this site has a parking problem, There are currently two restaurants~located o~ the site and those uses require a higher ratio than 1 per 200. ~Visibil'ity for the existing tenants will be a problem also. Mr. Bradley wondered how staff would deal with the parking space ~hich is not on the parcel. ~ttorney Cherof stated that it is possible to acquire the space under a long-term agreement and it would be acceptable. Mr. Cutro stated that the square f~otage:of the building can be adjusted and the space eliminated. Alan Ctkltn represented Amerlcan Development Corporation. In response to Ms. Stevens' question regarding compliance with the Police Department's comments, Mr. Ciklin stated those comments have been agreed to and added to the revised site plan. Regarding parking, the applicant will make up the required parking space even if he must reduce the-square footage. The two buildings on the site were proposed to be restaurants. Those restaurants would generate a great deal of activity during prime hours. Those restaurants have been replaced with the bookstore. There are no peak hours for such a use and it is not anticipated that the bookstore will compete with the other retail uses on the site. Mr. Ciklin feels the hook store will be an improvement in the existing shopping center. - 16 - *ahould read, "Mr. Miller.,." NINUTE$ - PLRNNING AND DEVELOPNENT BOARD NEETING BOYNTOH BEACH, FLORIDA 4UNE 9, 1992 ]ean Fleming wondered whether there will be gates on the dumpster enclosure. The applicant is agreeable to adding gates to the enclosure. Mr. Collins moved to approve the request for site plan approval to construct an 11,772 square foot retail bookstore as an outparcet at the Target Shopping Center located at 1895 North Congress Avenue, Project Name, Bookstop, subject to all staff comments. Ms. Huckle seconded the motion. Although there is no Public Hearing on th~s application, Chairman Lehnertz afforded Mr. Taub an opportunity so speak. Larry Taub, 1601 Forum Place, West Palm ,Beach, is an attorney representing most of the tenan*ts'in the affected'~'F~a, whY'ch includes two restaurants with a seating capacity of 150. The traffic flow in the shopping center creates intense,c0mpet~tion. When each of the ~enants signed a lease, the plan showed the divided:pad. They would not have signed the lease if they knew the property would'b~ jo%ned, If the properties are joined, the landlord will be subjected to tha' has a obl that reb al~ tenants: si that the The t( been The i to There {s its are opposed to l~hi's plan. for breach of each of the leases because :each location requires irs come into close proximity to the store. Each of the stores Avenue. The construction of this building will Avenue. Mr. Taub pointed out ~rs park in the area intended for the ) to eighteen spaces will be removed from ~g now. HSs objection is that the site plan. Mr. Taub e~plained nantswhich needs to be addressed. with the landlord, but have not between the landlord and the tenants. In response to Ms. Huckle's question, Mr. Taub stated that the tenants are all occupants in th~ retail area. ~here are two restaurants, a dry cleaner, a chiropKmcto~ and a h~ir salon. T~e clients accepted the original site plan and realized buildliAgs would be constructed on the two pads, They were not opposed because there would be visibility. Mike Haag addressed Mr. Bradley's question with regard to how the parking would be calculated if the two individual pads were developed. The total site would have been calculated i to 200. Mr. Miller pointed out that although the person designing the site built in additional parking spaces for the restaurants, a variance was approved which now brings the parking below Code. Mr. Haag stated the parking is not below the Code if you consider the total square footage, omitting the restaurants, and including the Bookstop. If a restaurant is added in the future, ~he parking requirements will have to be satisfied at that time. Chairman Lehnertz explained to Mr. Taub that the Board has the responsibility of considering all of the citizens and businesses in Boynton Beach. The Board can- not consider the economic hardship some tenants might experience when a project meets the City Codes. Chairman Lehnertz suggested educating employees so that they will not p~rk in customer parking areas and the possibility of including signage might ~e of assistance to the tenants in the area. He feels the problem is a landtordAlessee situation. HIHUTE$ - PLANNlrNG AND DEYELOPHEHT BOARD HEETING BOYHTON BEACH, FLOP, IDA JUHE 9, 1992 The motion carried 6-1. (Mr. Hiller cast the dissenting vote.) Since other members of the audience wished to express their opinions, Chairman Lehnertz advised them to appear before the City Commission on June 16, 1992. C, OTHER Request for Walter Dutch to allow a lot zoned for residential use and commercial use to be used for Commercial use as allowed by Appendix A, Section 3.g. Division of a lot of record. Mr. Cutro made the presentation. This property is located at the corner of NW 7th Street and Boynton Beach Boulevard. Mr. Dutch has requested a boundary determination on his property. Mr. Dutch owns all of Lot 12 and the south 50' of Lot 11. The south 126' of h~s property CS zoned 0-2 and the northern 50' is zoned R-lA. It is Mr. Dutch's contention that his entire property should be zoned C-2. Mr. Cutro stated that a portion Of Lot 11 is now zoned C-2 which allows the City to follow Appendix A, Sectiop 3.5.g. Mr, Cutro quoted from that section. The portion of Mr. Du~chl.s prope~t~ which is zoned R=IA will yletd a single-family 1,Bt which is approximately 3.~5~0 square feet. By developing that 50' of Lot 11 as residential, h~'s ability to~ develop[Bt 1~ as commercial is greatly reduced. Mr. Dutch has no ability to ~d~ additional lan~ tO the pro- perty. Staff recommended that the north 50' be allowed to be used' in the C-2 zoning category. After discussions with the agent for the applicant, it was determined that a better site plan can be yielded if that figure is changed to the northern A map was displayed for viewing b? the members. It was determined that if the building is shifted back, the proposed parking can be accommodated at the front of the lot. The impact on Lot 2 across the street is greatly reduced. Mr. Cutro would also add a recommendation that the building must be residential in character to match up with the single-family homes in the area. In response to a question posed by Mr. Miller, Mr. Cutro explained that the map will not be changed, but the owner will be permitted to use the property as C-2. ~hat will be recorded on the map with an asterick and a explanation to see a file for an explanation. This is not a zoning change. Mr. Cutro further explained that in 1987, there was an applicationbefore the Board for a land use plan amendment and zoning change for this property, Staff recommended against it. Mr. Cutro disagreed with that staff report. Staff recommends forwarding this application to the City Commission with a recommendation for approval with the condition that the rear 30' be used for drainage and landscaping and that the house be constructed in a residential character. Anna Cottrell ~ 2000 Palm Beach Lakes Boulevard~ West Palm Beach~ represented the owner and provided a history of the lot in question. It was explained that the property was originally platted with twelve lots in the early 1950s. Soon after that, an amended legal description created fifteen lots from the original twelve. When Mr. Dutch purchased Lot 11.1, it appeared to include the property m 18 -- MZNUTE$ - PLANNING AND DEVELOPHENT BOARD HEETING BOYNTOH BEACH, FLORIDA JUNE 9, 1992 in question in the commercial zoning district. Since the owner paid cash for the property, no investigation was made on the proper zoning map until 1987 when there was a~ offer to purchase the property. At the time of closing, it was determined that 50' of Lot 11.1 is in the residential zoning district. That has rendered two lots unusable. She requested the combining of the lots to be used for commercial purposes. That will eliminate the non-conforming tot in the residential zoning district and add to the development potential of the commer- Cial lot. She thanked Sue Kruse and the City Clerk's Office for the assistance they pro¥ided. Mr. Miller was of the opinion that by permitting this, the Board would be ~u~hing a zoning boundary. Mr. Cutro admitted that the provision allowing this s unusual, b~ the alternative would b~ to'go ~hrough !a land use plan amendment and a zohing amendment which will tak~ approximately ni~ne ~on~hs. Mr. Cutro fee~s his' r~C~r~nendation is an easier method, of gett~ng~his done, but intends to make Ibis adjustment to the map and explain the change when the Comprehensive Plan is done. It was confirmed for Chairman Lehnertz that if this is ,approved, a site plan wi]l COme b~fore the Board whe~ the properties are dev~To~ed. Mr. Cutro further pointed out that all si~e plans are now posted so that citizens are aware of what is intended. Motion Mr. Miller moved to approve the request to allow a lot zoned for residential use and commercial use to be used for commercial use as allowed by Appendix A, Section 3.g. Division of a lot of record, subject to staff comments. Ms. Huckle seconded the motion which carried unanimously. COMMENTS BY HEHBERS Ms. Stevens asked Mr. Cutro to keep her informed of the parking lot upgrading situation on the Rollyson property behind Waste Management. Commissioner Aguila thanked the Board for their actions during the past two meetings. He has been informed by applicants, developers and citzens that busi- ness is being conducted the way it should have been all along. Commissioner Aguila is pleased with their performance. ADJOURNMENT There being no other business, the meeting properly adjourned at 10:31 p.m. Janet M. Prainito Recording Secretary {Four Tapes) 19-