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LEGAL APPROVAL -::ij - - L' (;. . / ~'~J ~Cr~ W R ~ ~'" I.l.~ '. ~7 R rn \ 0. ~ l5 ~ ~)' .. l5 ~.'.\" 01 .AM 2H~-~1 ~ \ ....u . : PLANNINGANO ZONING DEPT. . DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PPLlCANT: NAUTICA SOUND (FKA KNOLLWOOD GROVES PUD) APPLICANT'S AGENT: Karyn I. Janssen, Kilday and Associates, Inc., DATE OF HEARING BEFORE CITY COMMISSION: Mav 21, 1996 TYPE OF RELIEF SOUGHT: Reouest for site plan approval of private recreation. common area landscapina and proiect sianaae for a 424 unit. sinale-familv residential PUD LOCATION OF PROPERTY: Northwest corner of Lawrence Road and the LWDD L-19 Canal DRAWING(S): SEE EXHIBIT "_" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant LHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "~" with the notation "Included". 4. The Applicant's application for relief is hereby L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: ~ I}. / fj (., "111 ih~ I. .~I~ Il~ b.:: '. DTII J. ., sa ... .- ~ jjjiiiir;;; J f ~ . tPiflfrrfff ~ J::' .J~ nrn ~ 0- , f~F s='~. ~ ~ ~ = 1:1 Q. .: . ~IJ1Jj~ \(~ ~ ~ I I / ...-:;i--=-~. . ~-::---". ..... ,...~" .....~,', ........~s~..:... ~ ~'... ~ .'".~ ... r ~.' ,~~~ . 'J' ~'~~:::::::.....- ,.... r J I ~-.~.~:::.:::::--- II I . 400 --.~~-:-ro ... . .- ~, I!ll!f' ~~li,I(~'j~~(i'~~~~('llli~J'lli,lil~li'i!llllilll~illt '1' tit rlt 1 . ( (, i 1 If' 1 ., , : ":"i' , III " III e f 11111"11-1"" I P l,pl; it P ',P" I ' ' ; . I "I' hI' It li'i · 1I I I ~ , "., ' I " ',,', ,,11 . nl~' "''''''''IfI~.''' III 11.11 "1 :11"11 11_,11, i -I t:: t . ., . . ". Nautica Sound , . Recre.tion Area - Planting Plan : ' I . . . SENAB!m -_",:~~~g.~ i MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JUNE 11, 1996 Ms. Heyden reported on the City Commission action as follows: Conditional Use for St. Joseph's Episcopal Church and School - Approved subject to this board's recommendation regarding screening of the air conditioning units and of the existing units on the gymnasium. Hills at Lake Eden PUD Chanae in Zonina Conditions - Denied. Land Use Amendment/Rezonina for Bovnton Beach CDC - Approved subject to this board's recommendation regarding height and zoning reversion when the use is discontinued. Site Plan for Nautlca Sound - Approved subject to the recommendations made by this board. With regard to signage, sign area is interpreted by calculating the individual letters. Knuth Road PCD Service Station Site Plan - Approved subject to staff comments and recommendations of this board regarding cross access to the adjacent parcel. Bovnton Beach Mall Department Store F - Approved subject to staff comments. The City Commission decided that the variance granted in the 1980s applied to the new parking area; therefore, no wheel stops will be required. With regard to the height of the entrance feature, the City Attorney determined that the applicant is eligible to apply for a height exception. That is currently in progress. With regard to the comments relative to landscaping, there were minor changes. Vlnlnas Phase II - Approved subject to staff comments. Two Ordinances: 1. environmental Regulations. Adopted 2. Drive-through window change to Community Design Plan - Approved on second reading with two minor changes. Ms. Heyden advised that there will be a special Planning and Development Board meeting on Tuesday, June 25,1996. In response to Chairman Dube's question, Ms. Heyden advised that medical offices are going into the facility located at the southwest corner of Woolbright Road and Congress Avenue (old Glendale Federal Bank building). 2 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Motion Commissioner Bradley moved to approve the Woolbright Place PUD master plan modification, subject to staff comments as alluded to tonight, which is to have a 50 foot right-of-way, to have two sidewalks, and to have a 25 foot berm Commissioner Titcomb seconded the motion. Mayor Taylor understood the motion to include Conditions 10, 13 and item 34 as printed. The motion carried 5-0. Description: Nautica Sound (FKA Knollwood Groves PUD) Karyn I. Janssen, Kilday and Associates, Inc. Alan Fant, GL Homes of Boynton Beach II Corporation Northwest corner of Lawrence Road and the L WD D L -19 canal NEW SITE PLAN: Request for site plan approval of private recreation, common area landscaping, and project signage for a 424 unit, single-family residential PUD B. Project: Agent: Owner: Location: Colleen Walter with Kilday and Associates was present on behalf of GL Homes of Florida, the developers of Nautica Sound. She stated that nothing done so far has been controversial at either a staff level or at the Planning and Development Board. She addressed three outstanding issues that were leftover from last week. The first issue is a change to the plans from what was originally submitted. At last week's Planning and Development Board meeting, we requested that we be allowed to incorporate a buffer wall within the Hypoluxo Road landscape buffer. Our required landscaping will be on the outside, or Hypoluxo Road side of the wall. We will provide additional landscaping on the inside of the wall. We reviewed this change with Engineering, Zoning, and Utilities prior to bringing it up at the Planning and Development Board meeting, and we had no objections from staff or the Planning and Development Board to this wall being incorporated in the buffer. We feel it will be an addition to the community to help buffer the project from Hypoluxo Road. One outstanding issue was in regards to the calculation of sign face area. She displayed the proposed signage for Nautica Sound and explained the way the sign code is written to calculate sign face area. When the letters are not on a decorative background, you would enolose them in a rectangle and calculate that square footage. We are proposing to utilize 49 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 cast stone behind the letters. It will be a consistent color to the balance of the wall. It also will help upgrade the signage. It is Mediterranean and the project is Mediterranean in design. It helps further the image. If this background was stucco, you would not have to calculate it as sign face area. However, because it is decorative tile, the Building Department originally said that it had to be calculated, in which case, we would exceed the maximum sign area permitted. At last week's meeting, Ms. Heyden offered to discuss with the City Attorney the calculation, or how the sign face area definition should be calculated. She thinks the outcome was that due to the fact that our background is consistent in color with the balance of the sign, that we would be allowed to calculate it by enclosing the letters in a rectangle. If that is the case, she proposed an amendment to Building Division condition number 5. She proposed that this condition be amended to state that the sign face area shall be calculated by taking the sum of the areas of the smallest contiguous rectangle containing a letter or symbol exclusive of the proposed cast stone background decoration. That is essentially taking the verbiage right out of the code for sign face area. City Attorney Cherof stated that an easier solution would be to reject comment 5. Conceptually, Mr. Hukill felt the idea Ms. Walter is proposing is all right. However, this is another one of those situations where we need to make this a level playing field for every applicant on every project. He suggested that if we decide that the way we measure signs for this applicant on a pre cast background is done in a particular way, we do the same if it was on a piece of metal, porcelain enamel, glass, or on anything else and then consistently hold to it. The applicant's point is that they do not have a frame around it or a background other than the pre cast. Therefore, you do not have a frame to count. Hence, the letters themselves can be larger. When the Commission decides this issue, he will come back to them if it requires a change in the code to agree with their decision. Commissioner Bradley asked how large the letters can be, given the largest frame. Ms. Heyden stated that it is unlimited and depends on how many letters there are in the word being advertised. Ms. Walter used the subject sign as an example. She said the code allows 32 square feet of sign face area. If you calculate this based on enclosing the letters and the symbol within a box, you are looking at 23.8 square feet. Therefore, technically, if we were using this interpretation to get a bigger sign, we are still about 10 square feet short of what we could have. 50 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 proposed a hedge along the perimeter of the parking area where it is visible from any adjacent street. However, in lieu of putting a hedge around this area where we feel it will obstruct someone who wants to park there and walk over to the top lot, or park there and walk down to any of the play courts, we are proposing to do berming and landscaping around the perimeter of the site, including landscaping around the perimeter of the recreation amenities. Staff is willing to work with us to take credit for the perimeter buffering as opposed to providing a hedge directly adjacent to and around the parking area. No one in the audience wished to address this development plan. The Commission had no problem with the first and third issue. Mayor Taylor's only concern with the second issue (the sign) is that it sounded to him like we are changing the rules, depending on the sign. He pointed out that this does not seem to be consistent with the city's goal to look at the signage in the city to bring it to some conformity. He asked if the proposed sign is within code. Ms. Heyden stated that everything is within code, except the sign area. Commissioner Titcomb felt this is a very different application than a pole or monument sign. It is an entry wall type treatment, and he was in favor of adding a provision to the code to allow this type of signage. He did not think this visually affronts our sign code as it now stands. The sign looked huge to Mayor Taylor. Ms. Walter pointed out that Palm Beach County differentiates between point of purchase signs and entry wall signs in their code. Motion Vice Mayor Jaskiewicz moved to approve the request for site plan approval of private recreation, common area landscaping, and project signage for a 424 unit, single-family residential PUD, as presented by the applicant. Commissioner Tillman seconded the motion, which carried 5-0. C. Project: Agent: Applicant: Owner: Knuth Road PCD Service Station Kieran Kilday - Kilday and Associates, Inc Andrews & Copans Gas & Oil Company, Inc. Bill R. Winchester, Elsie A. Winchester individually, Elsie A. Winchester as Trustee, Ruby A. Winchester, The Winchester Family Partnership, Ltd. 51 MEEnNG MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA Mr. Rosenstock seconded the motion. MAY 14,1996 Vice Chairman Golden advised that he WQUJd not support this request because he feels that approving this request will set the stage for something that may be undesirable down the road in terms of other rezonings. He feels there should be a master plan. Mr. Aguila felt Vice Chairman Golden made a very good point. but he does not anticipate a problem. Mr. Rosenstock questioned whether Vice ChairmanGolden's point was being defeated by the fact that Mr. Aguila makes the point that once this occupant leaves that location, the zoning will revert to the original zoning category. Vice Chairman Golden is still concerned that while this is zoned commercial, developers could come in for rezonings on property within the area Attorney Bowman explained that there is a s~Jation in the deed from the City which states that if the use is ceased, the zoning will revert back.. Vice Chairman Golden advised that he is not concerned about this property, but he does halIe concern about other properties in the area. Mr. Wische explained that future requests can be dealt with when they are received. The motion carried 6-1. (Vice Chairman Golden cast the dissenting vote.) B. SITE PLANS New Site Plan 1. Project Name: Agent: Applicant/Owner: Location: Description: No presentation was made by staff. IIIuIIca Sound (fJkIa Knollwood Groves PUD) Karyn I. Janssen KiJayand Associates, Inc. Nan Fant, GL Homes of Boynton Beach " Corporation Nor1hwest comer of Lawrence Road and the LWDD L -19 canal Req&est for site plan approval of private recreation, c:on.on area landscaping, and project signage for a 424 anit, single-family residential PUD Pauline Walter. Kildav & Associates. 1551 Farum Place. West Palm Beachl said there are several comments requiring discussion. Howevs, she raised one additional issue. This project abuts Hypoluxo Road. The originally-submitted landscape plans proposed only landscape and berming around Hypoluxo Road. Based on in-house discussion, the applicant would like to amend the plans to propose a wall within the Hypoluxo Road buffer. The wall would be centrally located within the buffer. All of the required landscaping would be on the northern (exterior) side of the wall. Additional landscaping would be put on the sou1llern side of the wall. The color of the wall would 8 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14,1996 be consistent with the sign and other amenities at Nautica Sound. This wall has been discussed with the Planning and Zoning Department, Engineering, Utilities. and the Building Department prior to bringing this issue forward. None of the departments had any major issues. The minor issues have been worked out. The applicant will amend the plans if this is agreeable to the board. In response to Mr. Aguila's question, Ms. Walter advised that there is an 80' canal right-of-way, and the wall will be set back about 25' from the project's property line. Ms. Walter addressed the comments as follows: Engineering Comment #3 - The applicant has provided a bus pickup/drop-off area for the residents of Nautica Sound. Lighting will be provided. However, the applicant would like a modification to Comment #3 which says, "A timer will be installed which will correspond with the school's schedule for bus pickup and drop-offs for lighting of that facility." The reason for this modification is to eliminate having light shine into the rear yards of some of the residences. Mr. Hukill has agreed with this modification. The board members had no objection to this request. Engineering Comment #4 - Mr. Hukill has requested that continuous curbing be utilized in the recreation area parking lot as opposed to wheel stops. His rationale is that it will increase the amount of open space. Ms. Walter explained that the recreation area already has a substantial amount of open space. She requested consideration for the wheel stops as proposed on the site plan. The board members had no objection to the use of wheel stops. CHAIRMAN DUBE ACKNOWLEDGED THE PRESENCE IN THE AUDIENCE OF MAYOR AND MRS. TAYLOR, AND COMMISSIONER TILLMAN. Building Comment #5 - Ms. Walter said there is a discrepancy in the interpretation of sign face area. The way the definition for defining sign face area reads, if a sign is composed of individual letters or symbols, using the wall as the background with no added decorations, the sign area shall be calculated by taking the sum of the areas of the smallest contiguous rectangle containing letters, symbols or continuous lines. The applicant has defined this as follows: Because the letters are put on the background of the sign, you would take a box that would go around the letters and the symbols to calculate the sign face area. The Code allows 32 square feet of sign face area. The applicant is proposing 23 square feet of sign face area. The discrepancy in the interpretation is due to the fact that the applicant is using a cast stone as the background of the wall as opposed to a CBS wall. That opens the interpretation for that to be considered a decoration. In that case, the Building Department is recommending that the sign face area be calculated including the whole face of the sign. While the applicant understands the Building Department's concerns, Nautica Sound is attempting to become an upscale development. The use of items like cast stone and soft muted Mediterranean colors sets forth that image. She requested the board's consideration to go with the applicant's definition of sign area. 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14, 1996 Chairman DUbe pointed au! that the r9COmmendalioo is that the applicant either change this or seek a variance. However, Ms. Walter explained that e_ with a variance, the increase WOUk1 not equal the sign face area of the wall because an apP~Cant is only allowed to increase by 25 percent, Mr. Wische agreed with the applicant's interpretalion of the measurement for sign face area. Ms. Heyden said she would ~ke to discuss this with the City Attorney so that she can ensure thaI the City is not deviating from What has been done in the Past. Pfannlng & ZOning Comment #13 - This is a requirement to provide a continuous hedge around the parkIng lot within the recreation area. The applicant has provided the continuous hedge around the parking lot where ij is visible from adjacent rigl1l'of-ways. This is consistent with Code. The Code also requires that along interior lot ~nes, discrefon can be uSed with banning and landscaping to visually screen the parking area. Ms. Waner displaYed a rendering of the recreation area showing that the perimeter of the entire recreation area will be bermed and lanclscaped. Thatbanning and landscap;ng, in conjunction with the recreational amenities, will adequately screen the parking area on two sides, and the hedge will screen the remaining two sides. The apP~cant is attempting to keep the circulation open for users of the faci~ties. Ms. Walter requested that the benning and landscaping on the perimeter be COunted toward screening the parking lot. Ms. Heyden believes this comment can be WOrked OUl with the applicant, In respon.se to Mr. Aguila's question, Ms. Walter adviSed that the applicant has no objection to the condition relative to the bus shelter area. With regard to the comment regarding the use of continuous CUrbing rather than Wheel stops, Mr. Elsner felt there WOuld be less of a trip hazard if the continuous CUrbing was put in. Ms. Heyden pointed out that Wheel stops are less expensiVe than COJIlinuous CUrbing, and under the Code, the applicant has an option to use either. Ms. Walter said the difference in cost between continuous CUrbing and Wheel stops is only $750. Therefore, cost Is not a factor in the deciSion to go with wheel stops. Planning & Zoning Comment #14 - This comment addresses a continuous hedge in the buffer on both the east and west sides of the property. On the rendering, Ms. Walter shOWed a 15' FPL easement. FPL lines run straight through this parcel of property. The developer WOrked with FPl and the lines will be relocated; however, FPL wants to '7;ainlain a 15' easement to allow access to the poles Where the lines will turn. FPL will not allow a hedge in the 15' easement. The applicant proposes that the hedge will be installed around the bad< of the property and wrap into the FPl easement with a curve around the sides of the lot. Ms. Heyden agreed to delete Comment #14 if the app~cantprovides a Jetter from FPL. Ms. Waller is certain FPL will provide confirmalion that they will not allow the hedge. Planning & Zoning Comment #17 - This comment requires that the Phase II landscape buffers be constructed whenever a contiguous property develops even if the developer Is not ready with 10 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14, 1996 Phase II. The developer does not have an objection other than requesting consideration for them to install only the hedge, rather than the hedge and trees. The trees will be installed with the Phase II development. Mr. Rosenstock explained that if the trees are planted prior to development, they will be mature when the development comes in and will provide a better buffer. Mr. Rosenstock said he would not support the project unless the applicant agrees to plant the trees and hedge. Ms. Walter confirmed that the applicant will plant the trees along with the hedges. Comment #17 can remain as written, and the applicant agrees to comply. Mr. Reed noted that the three smallest lakes are less than 18' deep. He does not believe they are large enough to be viable especially in the dry season. In addition, as small and shallow lakes, they will be an extraordinary expense on the homeowners' association. Ron Last, Proiect Engineer. Lawson & Noble. said the same type of lakes exist in Nautica. This lake configuration is consistent throughout the area. In times of drought, the lakes will recede, but no extensive problems have been experienced with this configuration. Mr. Reed appreciated the answer, but stated that if he was a buyer, he would be concerned pbout the costs associated with maintaining these lakes. In response to Mr. Rosenstock's question, Mr. Last advised that the water table is 12'. The common areas will be sprinklered off the lake. The individual homes will be irrigated by using City water. The homes on the lakes will have the option of drawing water off the lakes. Homeowners are permitted to have wells for irrigation purposes. Mr. Rosenstock questioned whether or not the City has a Code regarding the installation of wells rather than using City water for irrigation purposes. When no answer was forthcoming, he recommended that a Code be established regarding the use of effluent or well water for irrigation. Chairman DuM reminded Mr. Rosenstock that this item was addressed in the E.A.R. review, and will be addressed again in the future. Mr. Rosenstock suggested expediting this item before additional plans are approved. CHAIRMAN DUBe ANNOUNCED THAT ALTHOUGH THIS WAS NOT A PUBLIC HEARING, THE BOARD WOULD ACCEPT INPUT FROM THE AUDIENCE. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Motion Mr. Wische moved to approve the request for site plan approval of private recreation, common area landscaping, and project signage for a 424 unit, single-family residential PUD, subject to all staff comments and the addition of the item you put on the agenda tonight. Vice Chairman Golden questioned whether or not the motion included Comment #14. Mr. Wische answered affirmatively and clarified that the motion is subject to all staff comments. 11 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MA Y 14, 1996 Ms. Heyden advised that she noted changes to Comments #3, 4, 5, 13, and 14. Mr. Wische concurred. Mr. Hill seconded the motion which carried unanimously. 2. Project Name: Agent: Applicant: Owner: Location: Description: Knuth Road pee Service Station Kieran Kilday Kilday and Associates, Inc. Andrews & Copans Gas & Oil Company, Inc. Bill R. Winchester, Elsie A. Winchester individually, Elsie A. Winchester as Trustee, Ruby A. Winchester, The Winchester Family Partnership, Ltd. Southwest corner of Boynton Beach Boulevard and Knuth Road Request for site plan approval to construct a convenience store with gasoline sales and car wash on 1.13 acres. Pauline Walter Kilda & Associates 1515 Forum Place West Palm Beach advised that there are several comments she would like to discuss with the board. The first comment, which is a potential addition kern for the project is, as a PCD, the Code permits the submission of a master sign program requesting signage for the development. The Knuth Road PCD was approved years ago. The applicant is now proposing of the first outparcel which is a gas station: A master sign program was never submitted for this project. The applicant is now Proposing two signs on the service station parcel. One of the signs will be a major monument sign at the corner, and a secondary directional sign at the proposed entrance off Knuth Road. Pursuant to the Code, because this is one parcel without an approved master sign program, the applicant is only allOwed one sign. The master sign program was submitted to staff and they have not had an opportunity to review it in detail. The applicant is hopeful the review will OCCur prior to the City Commission meeting. Ms. Walter explained that the applicant is proposing a comprehensive sign program for the center. There is a developer, a contract for sale and the project engineer is WOrking on 1he plans for the gas station. The balance of the site does not have a tenant or user at this time. However, the applicant has organized a consistent sign elevation, proPOsed sign square footages and height, and the gas station will comply with the sign COde as well as future development on the parcel. The applicant is proposing three main entry signs at !I-:e main entries to the commercial center. One sign will be located at the main entrance off Boynton Beach Boulevard, one off the northern entrance on Knuth Road, and one at the southern entrance on Knuth Road. These signs are proposed at a 20' height. The applicant has reviewed all of the signs that exist on the surrounding three comers. It is believed that all of those signs were put in through Palm Beach County, and they range in height from 25' to 35'. In addition, the developer is proposing a secondary sign for each of the outparcels (a financial institution and the gas station). The gas station sign will be 12' in height, and the financial institution sign will be 10' in height. Each of the signs will be located on the individual parcels. 12 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 20,1996 B. Bids - Recommend Approval - All expenditures are Approved in the 1995-96 Adopted Budget 1. A ward Bid for 12" Well Point System and Accessory Package to Thompson Pump & Manufacturing Company, Inc. The Tabulation Committee recommended awarding this bid to Thompson Pump & . Manufacturing of Port Orange, Florida. in the amount of$35,873. 2. Award Bid for the Purchase of Uniforms to Martin Lamar Uniforms and Harrison Uniforms The Tabulation Committee recommended awarding this bid to Martin Lamar Uniforms of Miami. Florida. and Harrison Uniforms of Boynton Beach, Florida. C. Resolutions 1. Proposed Resolution No. R96-18 Re: Water Service Agreement for J. Scott and Mary W. McOwen located on the east side of South Federal Highway opposite the Stow-A-Way Self Storage business and northeast of the Gulfstream Mall 2. Proposed Resolution No. R96-19 Re: Subordination of Easement along Lawrence Road - Nautica Sound P.ll.D. 3. Proposed Resolution No. R96-20 Re: Authorize execution of Agreement between Palm Beach County and the City of Boynton Beach for proposed potable water interconnects 4. Proposed Resolution No. R96-21 Re: Boynton Festive Center substitution of Letter of Credit - $57,000 complete installation of Phase II of the water distribution system 5. Proposed Resolution No. R96-22 Re: Boynton Festive Center Substitution of Letter of Credit - $11,000 Restoration Bond 4