Loading...
LEGAL APPROVAL r1 ~./ MINUTES CITY COMMISSION BOYNTON BEACH, FLO DA , ./ ~ \ \. ,AUGUST 15, 1995 / / / / Landscape AppeatyRequest for a landscape code appeal to overhang a rerred landscape strip with bumpers of parked cars I , / Ms. Heyden s'tated that the a plicant requested ~t this item, and Item VIILB, be tabled until September 19. / Description: / Motion /i Mayor Pro Tern Matson ~v d to ta~ Items VIlLA and VIII.B until the September 19, 1995 meeting. Vice Mayor Brad! ,sec1ded the motion which carried 5-0. " , B. Project Name: ;'1..'" Papa Johns............................................. TABLED APPLICANT REQ TE~TO BE TABLED UNTIL SEPTEMBER 5, 1995 Agent: ;' Int~rplan Practice, Ltd. Owner: / Papa Johns USA Location: / Northe3$t comer of N. W. 7th Court and Boynton Beach l' / Boulevard' Descr~tion: New Site PI_: Request for site plan approval to / construct a 1, l~square foot take-out pizza store on .22 '. , ~res , / ~ This item was/tabled until Se tember 19. (See motion madch~nder Item VIII.A.) 7 - .'" c. Project Name: Knuth Road PeD..................................... TABLED Agent: Kieran Kilday Location: Southwest corner of Knuth Road and Boynton Beach Boulevard Time ExteDsion: Request for approval of an 18 month retroactive and an indeftnite time extension for zoning/master plan approval and concurrency exemption Description: Motion Mayor Pro Tern Matson mov seconded the motion which c to remove this item from the table. Vice Mayor Bradley ied 5-0. 25 '-' """ '" MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 "'" Mr. Kilday reviewed the events that took place in 1989, 1990, and 1992 relating to the approvals and amendments on this site. He stated that in 1992, the 1990 plan was amended because the applicant had a letter of intent to construct a service station on this parcel. The new service station regulations were being considered at that time, but were not yet adopted. When the applicant came before the City recently, an extension was approved without a service st~tion because the rules have c}1anged since 1992 and the service station failed one of the three new criteria contained in the ordinance. That criteria was that the roads needed to be four laned or better. Ms. Heyden advised that when this project was rezoned in 1990, service stations required a 1,000 foot separation from other service stations and from residential properties. In 1992, we did away with the 1,000 foot requirement. In its place, we came up with different locational criteria with these goals in mind: (1) to increase safety; (2) to limit the number of service stations in Boynton Beach; and (3) to minimize stations that could close and remain vacant for several years because service stations are a hard use to convert into something else. Ms. Heyden reviewed the current criteria. She felt this service station should not be permitted because the intent was to prevent overbuilding of service stations, and it is difficult to convert an existing service station into another use once it closes. She felt we need to look out for the needs of the entire community and not focus on just the issues of this particular localized service station. wi Carol Crowel, 1818 Banyan Creek Circle, said she represents an important number of residents in her community who are livid about the possibility of a gas station at their entrance. They are frightened for their children, their health, and property values. Mf' ..,.." Crowel was concerned with heavy car and truck traffic throughout the day and into th~ rngtt. She said the noise and gasoline fumes will not be sheltered by a 6 foot wall, a 20 fO<}t~all, or any amount of landscaping. She was concerned with security because of all the nig~ttftc generated by a gas station and a convenience store. She stated that a City Ordinance prohibits gas stations unless built on intersecting four lane highways and wondered why any commissioner would vote for this exception. ". .j Malcolm Sullivan lives in Quail Ridge. He is former President of the Property Owners I Association and currently a member of the Board. On behalf of his Board, he spoke against this project. His development is adjacent to the subject property. He was concerned about how Boynton Beach Boulevard is developed. He stated that putting a gas station or any intensive commercial development on Boynton Beach Boulevard beyond what exists today belies the many efforts to beautify Boynton Beach Boulevard. He felt there is no need for this 26 ..", MINUTES CITY COMMISSION BOYNTON BEACH, FLO AUGUST 15, 1995 Mr. Kilday reviewed the eve ts that took place in 1989, 1990, and 1992 relating to the approvals and amendments 0 this site. He stated that in 1992, the 1990 plan was amended because the applicant had a Ie er of intent to construct a service station on this parcel. The new service station regulatio were being considered at that time, but were not yet adopted. When the applicant came beti re the City recently, an extension was approved without a service station because the ru shave cJ1lmged since 1992 and the service statiofl f~iled one of the three new criteria contain d in the ordinance. That criteria was that the roads needed to be four laned or better. Ms. Heyden advised that whe this project was rezoned in 1990, service stations required a 1,000 foot separation from 0 er service stations and from residential properties. In 1992, we did away with the 1,000 foot equirement. In its place, we came up with different locational criteria with these goals in . d: (1) to increase safety; (2) to limit the number of service stations in Boynton Beach; (3) to rninimi7.e stations that could close and remain vacant for several years because service tations are a hard use to convert into something else. Ms. Heyden reviewed the current riteria. She felt this service station should not be permitted because the intent was to pre nt overbuilding of service stations, and it is difficult to convert an existing service station int another use once it closes. She felt we need to look out for the needs of the entire communi and not focus on just the issues of this particular localized service station. Carol Crowel, 1818 Banyan reek Circle, said she represents an important number of residents in her community w 0 are livid about the possibility of a gas station at their entrance. They are frighte for their children, their health, and property values. Ms. Crowel was concerned with h vy car and truck traffic throughout the day and into the night. She said the noise and gasol' fumes will not be sheltered by a 6 foot wall, a 20 foot wall, or any amount of landscaping. he was concerned with security because of all the night traffic generated by a gas station a convenience store. She stated that a City Ordinance prohibits gas stations unless built on in rsecting four lane highways and wondered why any commissioner would vote for . s exception. Malcolm Sullivan lives in il Ridge. He is former President of the Property Owners' Association and currently a mber of the Board. On behalf of his Board, he spoke against this project. His developmen is adjacent to the subject property. He was concerned about how Boynton Beach Boulevar is developed. He stated that putting a gas station or any intensive commercial develop ent on Boynton Beach Boulevard beyond what exists today belies the many efforts to bea tify Boynton Beach Boulevard. He felt there is no need for this 26 ~. ..., \. MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 ,.." service station because there are three service stations less than one half mile east of this site. Furthermore, this is not a major intersection. He pointed out that the Comprehensive Land Use Plan was amended to limit service stations and that approval of this project can only be viewed as breaking the rules. * Eugene, the President of COBWRA, was present to support Quail Ridge ill uIeir petition to the Commission not to approve this service station. He echoed Mr. Sullivan's reasons, including not needing additional service stations, and his concern about aesthetics. Roger Bennett, President of Stonehaven Homeowners' Association, stated that even if the service station was not erected, a wall would be constructed sooner or later when the road is constructed. He was not willing to gamble four to six years to have the western flank opened up to Knuth Road. He said Knuth Road is going to become a major artery to the back side of the mall. He could not see a major oil company willing to spend the money to put a service station there only to close it down. His community consists of 166 homes. He was able to contact 119 homeowners and was in possession of a petition signed by 115 of them (better than three quarters of the community). His community stands behind this project. He said this project will benefit everyone. He pointed out that the people opposed to this project do not live in the City limits. He also pointed out that they have a six foot fence with barbed wire on ~ top of it and a golf course next to their property. Stonehaven does not have this protection. Robert Campbell, 1820 Banyan Creek Circle, the Secretary of the Board of Directors of Stonehaven, spoke in support of this project. He did not think a gas station poses any safety threat to his lifestyle or community. What poses a threat is the way the current intersection is constructed. There is already enough traffic there. He talked with a number of his colleagues and a number of community residents and all of them do not see this having any impact except for a good,.solid impact on their community. He said the proposed service station and convenience store would be a convenience to his community. Steve Crowel, 1818 Banyan Creek Circle North, stated that the back of his yard runs against Boynton Beach Boulevard. The west side of his property runs against the Gallo Insurance Company. The proposed wall would not assist him at all. He will probably be the closest piece of property to this development. His property has been broken into twice, so the proposed wall is not going to do a lot for him in terms of security. He said no one bothered to stop at his house with the petition that was being circulated. He had contact with several other people in his development who are just as negative about this as he is. He stated that another gas station is not needed. He felt the proposed gas station/convenience store is going to 27 * Eugene Sokoloff ..., MINUTES CITY COMMISSION BOYNTON BEACH, FLO DA AUGUST 15, 1995 disrupt the neighborhood bec use of the hours of operation and the clientele. He reiterated that his family is the closest t this property and would be affected by this more than anyone else. He did not think this w uld be a benefit to him. Jacqueline Brady, Banyan Cr k Circle North, was in favor of the gas station and the wall. She felt they would provide a safety barrier for the children. George Meyerson, 1744 Ban an Creek Court, spoke in favor of this project. He felt the widening of Knuth Road and gate will be a benefit. He advised that meetings were held to discuss this proposal, and ev ryone who attended voted in favor of it. Stonehaven Boulevard is a thoroughfare from the re tal homes to Knuth Road as a shortcut from Congress A venue to Boynton Beach Boulevard. I is a speedway and no speed bumps are allowed. The gates will stop the horrendous traffic. e pointed out that Quail Ridge is on County property and they have a fence with barb wire. His development has break-ins but no protection. Since the majority of the people voted' favor of the gas station, he requested the Commission's approval of this project. Robert Cockey, 1802 Banyan Creek Circle North, stated that his family is in support of the gas station and the wall. He aid $35,000 was put in escrow for gates in the future. The wall is to be built in conjunction ith the construction of the gas station. It is commercial property and the owner has a right to evelop it as he can. When and if a shopping center goes in, with the way people speed throug his development, there will be a bad accident. Without a buffer wall, a car could crash into s meone's home because it is so close to the road. Homes have been broken into his commu ty. He was in favor of the gas station and the wall for protection from the road, tra IC and noise. Pat Ness, 1703 Banyan Cree Court, has resided in this community for about eight years and advised that a vehicle was sto en from his property. He said there isn't too much more than a filling station that can be put n this property. He felt the service station and the wall will increase the tax base. Rick Duval, 1830 Banyan Cr k, was is favor of the wall and the service station. He stated that his development does not have any protection. If the road goes through, traffic will increase. He said there is a c mmon ground area adjacent to his property and Knuth Road where the children play. The only thing that protects the children is a berm, and people come through their at great speeds. 28 'WJf .., ~ MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 .."" Don Broolder, General Manager at Quail Ridge, stated that the wall is not the issue. He said it is the gas station that is the issue because it was not part of the original project. Nick Sielecki, 1768 Banyan Creek Circle North, asked the Commission to approve this project because the wall will create safety for the children and act as a sound barrier when Knuth Road is extended. A resident of 1809 Stonehaven Drive was in favor of the service station in order to get the wall for protection from Knuth Road. He pointed out that with this project, the City will get Knuth Road built. Stuart Miller, 1730 Banyan Creek Court, was one of the people who went around getting the petition signed. He said they did not stop at the homes of renters or people who have their homes for sale. Those are the people who are against this proposal. He advised that there is a tremendous amount of children on Edge Water Drive. On the other side of Edge Water Drive there is about seven or eight feet. A major throughway is going to be built there and will create a serious problem with traffic, noise, and pollution. He expressed concern about the children's safety. He was in favor of the wall for protection. He said the people from Quail Ridge have protection. .."", Virginia Dorbecker, 1707 Banyan Creek Court, spoke in favor of this project. She wanted a stop light at the comer of Knuth Road and Banyan Creek. If it means putting in a filling station to get a stop light, she was in favor of it. No one else wishing to speak on this project, Mayor Taylor closed the Public Audience. Commissioner Jaskiewicz said she received calls from allover the City. She shared the people I s concerns for safety. However, she did not feel she could abrogate her responsibility and go against an ordinance that she did not feel would benefit all of the City. She stated that there already are seven gas stations on Boynton Beach Boulevard, excluding the one being proposed. She bas been interested in improving Boynton Beach Boulevard. She did not feel this is an improvement. She did not think Knuth Road will ever resemble Congress Avenue. Whatever is built there, Knuth Road will have to be expanded by whomever is doing the building. She said everyone in the City is impacted when we go against all the policies that we put in place to make Boynton Beach a better place. 29 wi MINUTES CITY COMMISSION BOYNTON BEACH, FLO AUGUST 15, 1995 Mayor Taylor will continue t support trying to make the City look good. He said there are a couple of gas stations in town that are probably the best landscaped of any commercial property around. He did not ink it should be a question of whether or not another gas station is needed. He pointed out major companies do major research to find out whether or not they can make money at a certain endeavor. He said two of the three criteria in the ordinance were JTl~~. Howeve, he felt this project preceded the ordinance and felt the safety of the community outweighs at. Commissioner Rosen stated t we have a relationship with COBWRA. We have a common interest in the entire area. He sat in on charrettes to bring this City to the twenieth century. He said some people could no care less about a gas station. They just want a wall. He felt strongly about the ordinances esigned to make this a better City. Mayor Pro Tern Matson was n the Community Appearance Board when this project came through in 1990 and she was tally against it at that time. When the developer was going to put the gas station at the com r of Congress Avenue and Hypoluxo Road where she lives, the residents were extremely upse. The gas station is now there and is it less than 250 feet from the homes. There are no fum s, noise, or increase in crime because of the convenience store. In fact, property values have 'sen since that shopping center and gas station have been built. They have been good neighbo s, and the quality of life of the residents has not deteriorated. She hopes this allays some of rs. Crowel's fears. She said she visited Stonehaven and Banyan Creek and saw the ch' dren playing in the street. She was concerned about the safety and quality of life of the resid nts there. She felt very strongly that this gas station, which will come with the buffering, the all, and the gates to protect the community, is in the best interests of the residents aro it. She said she received a few phone calls from people who do not live in the area or the ity limits. She respects their rights; however, she said this is going to impact the people w live in Stonehaven and Banyan Creek. She stated that these people moved to Boynton Bea h for a better quality of life. To disregard the residents who put her in office and be sway by people who do not live in the City is something she cannot do in all good consciousness. She believed this project would help the residents more than hinder them. Vice Mayor Bradley received 1 calls over the last couple of days. Three of those calls were in opposition to this project. e remainder were in favor of it. He pointed out that there are consequences in trying to kee a developer from developing. He said some homeowners are going to be more directly imp cted by this gas station. He hoped something could be worked out between the developers the homeowners' association. If this project is approved, he 30 . w ,.., ... MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 ~ felt a traffic signal is in order to increase safety. In addition, he would like the developer to consider the hours of the gas station and convenience store. He felt the likelihood of crime would be reduced dramatically if there were a midnight, 1:00 a.m., or 2:00 p.m. closing time. Commissioner Rosen said two weeks ago when he asked what was going to be done about the next request, the answer was, "Okay on this one; but no more." This was not his kind of idealism. Vice Mayor Bradley stated that in 1992, the Commission directed that service stations would only appear on major intersections. He felt this was a good idea; however, he felt ordinances are put in place to accomplish a greater goal than just to have rules. He felt we need to make an exception because of the circumstances in this situation. Mayor Pro Tem Matson said she was one of the Commissioners who worked on the 1992 ordinance and when it was being drawn up, this project was already in the loop as one of the existing gas stations. Therefore, this really is not an exception because this was already considered as an approved gas station. Commissioner Jaskiewicz said it was in the loop; however, the developer permitted it to "."" expire. Otherwise, we would not be in this situation this evening. Motion Mayor Pro Tem Matson moved to approve the 18 month retroactive plus 24 month time extenion for zoning and master plan approval with County phasing as it relates to tr~c concurrency, allowing the service station constructed under current code requirements. Vice Mayor Bradley seconded the motion. The motion carried 3-2. Commissioners Jaskiewicz and Rosen cast the dissenting votes. D. oject Name: Ag Owne . Location: Descriptj,et\: ,.- LoDOI~.e arehouse ......-c/ Q.e6~e C. vis, Arcp.itec(- ,/~ Charles J. Lo ce fi ../' Lot 10, Lawson ustrial Park (S.W. 14th Place) New Site Plan: Re est for site plan approval to /construct two wareho buildings totalling 12,000 square , feet on a .97 acre lot 31 .., MINUTES REGULAR CITY COMMIS ION MEETING BOYNTON BEACH, FLO DA AUGUST 3, 1995 until the August 15, 1995 eeting. The Commissioners agreed to leave these items on the table. c. Project Nam Agent: Location: fJ:; L' fA 1/; ;~.)t. . Knuth Road PCD I Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard TIME EXTENSION: Request for approval of an l8-month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Description: Attorney Cherof advised th t this item returns after previously having public audience and discussion. This is back 0 a motion for reconsideration. There is no need to conduct a hearing tonight, but the C mmission can accept additional comments from staff and the appl icant. Attorney Cherof administer the oath to all who would be testifying during this proceeding. Mayor Pro Tem Matson requ sted a copy of the minutes of the meeting when this application was previously addressed b the Commission. City Clerk Sue Kruse left. the Chambers to secure a copy of those meet ng minutes. (Kieran Kilday advised that at the last meeting, a request was made for reconsideration of the service station which was a roved as part of the previous master plan. The service station is a small site located at the northeast corner of the site. The only entrance to the service station will be off the centra internal access. There will be a "right-turn only" allowed off Boynton Beach Boulevard. When the applicant went thr ugh the approval process in 1990, meetings were held with the Stonehaven Property Owner ' Association, and an agreement was worked out whereby the applicant would install walls buffering and landscaping as part of the approvals. With the construction of Knuth Road, t e residential units located on the south part of the project will have their front doors facing major street. Knuth Road will be a fairly busy road because its ultimate alignment will be w th the westerly entrance of the Boynton Beach Mall. The applicant agreed to const uct a wall and gate facilities across the entire frontage of Knuth Road to provide a buffer be en the public and private roads of the community. All of the conditions become due and p yable at the issuance of the first building permit for the project. At this point, the applicant h a user for the first building permit. It is a gasoline company. Mr. Kilday was in possession a letter from Reb Oil (Texaco station) indicating that they will 8 ... MINUTES REGULAR CITY COMMI SION MEETING BOYNTON BEACH, FLO IDA AUGUST 3, 1995 be constructing the facilit . That construction would ~llow the pro~erty owner to construct ) all of Knuth Road, the wal s, and gatehouse facilities which were part of the agreement. - -.- ~- .~ In-depth discussions were onducted with the homeowners during the approval process. The agreement was signed b all parties and is in force. When the issue of not allowing the service station arose, it cau ed a problem with regard to carrying. out the agreement. For that reason, the letter was sent rom the Stonehaven Homeowners' Association requesting that the Commission reconsider th approval to allow the service station. Roger Bennett, President of the Stonehaven Home wners' Association, was present in the audience to address the Commission. Mr. Bennett as president when the agreement was worked out and knows the history of this project. Roger Bennett explained t at the community has no problem with the service station and feels it might even be an asset b cause it might eliminate the need to have to travel out to Congress Avenue. The community i aware that the Tara Oaks project will soon be constructed as will Knuth Road. The commu ity does not want to be left wide open. The original agreement s worked out extensively with the homeowners in 1990. That agreement runs with the la d so that whenever the first shovel in the development process is turned, our agreement kic in to protect the homeowners with the buffer and wall along the length of the community, rapping around the canal. In addition, money will be placed in escrow so that the commu ity can install guard gates. When the agreement was signed, the City had no problem with hat installation since we own Stonehaven; however, they would not allow that closure to t ke place until Knuth Road is available for emergency access to Boynton Beach Boulevard. We have had a tremendous problem with traffic on Stonehaven. Since this is a private road, when repairs are necessary, many thousands of dollars will have to be found within the co munity to accomplish that. Mr. Bennett reiterated that ong, in-<lepth discussions took place when this agreement was first approved. The community supports the construction of a service station at that site, and urged Commission support of th project. Tambri Heyden, Planning nd Zoning Director, was administered the oath. She feels that the Commission needs to foe s on the issue of the service station, and if the conditions of the approval are the problem, hen perhaps changes can be made to those changes. Ms. Heyden advised that en changes were made to the service station criteria in 1992, staff worked closely with devel pers to determine locations for service stations. The developers felt successful stations wo Id be located near intersections. Our ordinance was changed to require that service stations be located at major intersections. Ms. Heyden referred to a vacant 9 MINUTES REGULAR CITY COMMI SION MEETING BOYNTON BEACH, FLO IDA AUGUST 3, 1995 service station on Boynton each Boulevard. She reminded the Commissioners that there are three service stations in cI se proximity to the proposed project. Ms. Heyden stated that the proposed service station does not meet the locational criteria since it is not a major intersection. Commissioner Rosen stat that although he understands why the Stonehaven Homeowners' Association would like to see this service, station approved, .the City Commission must consider the City as a whol . It is time to take our ordinances seriously and understand what is good for the City. Comm ssioner Rosen feels the location of this service station may present a safety hazard, and he wil vote against it. Commissioner Jaskiewicz e plained that when Mr. Kilday made his presentation on May 16, she disagreed because she id not feel this location is appropriate for a gas station. The time extension was approved c ntingent on there not being a gas station. She said she would reconsider the project if he was assured the residents were in favor of it. She has reconsidered it and spoken ith many residents, Some of the residents of Stonehaven are not in favor of this gas station. he is concerned with this station being located within 500 feet of the community. She can ot support this project and ignore the opinions of our planners who recommend against it. * Mayor Pro Tern Matson advi ed that when this project first came through in 1990, she was a member of the Community Appearance Board. She had a problem with this project at that time, as did the residents of tonehaven. Mr. Kilday set up meetings with the residents, and when they came back, the esidents were satisfied. No one will ever be able to get 100 percent approval of a home wners' association, but Mr. Kilday sat down with the residents and ironed out the problem. Mayor Pro Tern Matson worked on the gas station ordinance in 1992, and she has a probl m turning this project down because the ordinance which was in place when it first cam through allowed the station on that piece of property. The residents support the proje and Mayor Pro Tem Matson is concerned with many of the property rights laws being assed in Tallahassee. She received a number of calls from Stonehaven, and not one of those calls was negative. She approves of the way Mr. Kilday dealt with the residents, and she would like to see the project developed. Mayor Taylor has no probl m with this project, and he is anxious to see Knuth Road constructed. This is an oppo unity for the Commission to help the residents get their buffer wall and other promises fulfi led. He does not see a problem with any safety issues relative to this project as it appears t be well laid out. Further, he pointed out that with regard to Commissioner Jaskiewicz' r marks about not going along with staff recommendations, the record will reflect the fact tha the Commission supports staff's recommendations many more times than not. 10 *should read, "She is concerned with thif station being located within 500' of thE other gas stations." ~ MINUTES REGULAR CITY COMMI SION MEETING BOYNTON BEACH, FLO IDA AUGUST 3, 1995 service station on Boynton Beach Boulevard. She reminded the Commissioners that there are three service stations in cI se proximity to the proposed project. Ms. Heyden stated that the proposed service station does not meet the locational criteria since it is not a major intersection. Commissioner Rosen state that although he understands why the Stonehaven Homeowners' Association would like t see this service, station approved, .the City Commission must consider the City as a who e. It is time to take our ordinances seriously and understand what is good for the City. Com issioner Rosen feels the location of this service station may present a safety hazard, and he wi I vote against it. Commissioner Jaskiewicz xplained that when Mr. Kilday made his presentation on May 16, she disagreed because she id not feel this location is appropriate for a gas station. The time extension was approved ontingent on there not being a gas station. She said she would reconsider the project if she was assured the residents were in favor of it. She has reconsidered it and spoken with many residents. Some of the residents of Stonehaven are not in favor of this gas station. She is concerned with this station being located within 500 feet of the community. She c nnot support this project and ignore the opinions of our planners who recommend against i . * Mayor Pro Tem Matson ad ised that when this project first came through in 1990, she was a member of the Communi Appearance Board. She had a problem with this project at that time, as did the residents Stonehaven. Mr. Kilday set up meetings with the residents, and when they came back, th residents were satisfied. No one will ever be able to get 100 percent approval of a ho eowners' association, but Mr. Kilday sat down with the residents and ironed out the proble s. Mayor Pro Tern Matson worked on the gas station ordinance in 1992, and she has a pro lem turning this project down because the ordinance which was in place when it first ca e through allowed the station on that piece of property. The residents support the proj ct and Mayor Pro Tem Matson is concerned with many of the property rights laws bein passed in Tallahassee. She received a number of calls from Stonehaven, and not one f those calls was negative. She approves of the way Mr. Kilday dealt with the residents, a d she would like to see the project developed. Mayor Taylor has no pr blem with this project, and he is anxious to see Knuth Road constructed. This is an op ortunity for the Commission to help the residents get their buffer wall and other promises f Ifilled. He does not see a problem with any safety issues relative to this project as it appea s to be well laid out. Further, he pointed out that with regard to Commissioner Jaskiewicz' remarks about not going along with staff recommendations, the record will reflect the fact t at the Commission supports staff's recommendations many more times than not. 10 *should read. "She is concerned with th station being located within 500' of t other gas stations." I .' I MINUTES REGULAR CITY COMMI SION MEETING BOYNTON BEACH, FL IDA AUGUST 3, 1995 Mayor Taylor realizes th the major concern of two Commissioners is that we do not need another gas station, and hat is an opinion which is subjective. It has no basis relative to developing this piece of property. The Commissioners have an opportunity to help the residents of Stonehaven. He does not see any reason for concern with this project. In addition, with regard to t e ordinance, Mayor Taylor can foresee the intersection of Knuth Road and Boynton Beach oulevard becoming a very busy intersection when Knuth Road is const!"'Jcted. Mayor Tayl r urged the Commissioners to reconsider their positions and join him in supporting this pr 'ect. Mr. Kilday advised that he was involved in the writing of the new gas station ordinance. One of the intents of the new 0 dinance was to put the stations at major intersections. Knuth Road is a major intersection. T only outstanding point which does not allow Mr. Kilday to meet the language of the cu ent ordinance verbatim is that it does not state "at a major intersection". It says the p oject must be at intersections which have two four-lane roads. In this case, there is a six-Ian road in front of the project, and a three-lane on the side. . Most of the recent approv Is by the City Commission have been taking place in the western part of Boynton Beach. T ere are many more people in this area today who are converging on the intersections wher the service stations are located. The only reason there are plans to build this station is bec se the market feels there is room for a fourth service station. The vacant gas station on Boyn on Beach Boulevard is a poor example. Mr. Kilday had someone interested in reopening t at station within the last year. However, City staff advised that service stations are no Ion er allowed in that location. That is the only reason that station has not reopened. ay to say "service station", Mr. Kilday pointed out that the projects over the last five years have been well integrated architecturally recalled the opposition to the serviCe station at Hypoluxo Road ever, the concerns turned out not to be a problem. Although there is no nice which have been develop with surrounding uses. H and Congress Avenue; ho Mr. Kilday reminded the C mmissioners that this project was approved with the service station which appeared on the ma ter plan. It was worked out with the surrounding neighbors. It is at a major intersection an meets all of the service station criteria with the exception of one at this time. Ultimately, nuth Road may have to be widened to four lanes, and then there would be 100 percent co formance with the ordinance. He urged the Commissioners to consider approving this pr ject since the homeowners do not have a problem with this use. Mayor Pro Tem Matson inted out that the residents of Boynton lakes North were very opposed to the gas station at Hypoluxo Road and Congress Avenue for many reasons. The station looks beautiful and business is booming. It is a very good neighbor. II MINUTES REGULAR CITY COMMI SION MEETING BOYNTON BEACH, FLO IDA AUGUST 3, 1995 Roger Bennett pointed 0 t that while Commissioner Jaskiewicz' comment about not all residents wanting a servic station is correct, it is true that the majority of the residents favor this project. There is a saf ty issue involved, but that safety issue has nothing to do with the service station. When Kn th Road opens, the community will be exposed on one side to all of the traffic along Knuth Road. In 1990, the homeowners were opposed to the project because they wanted to s p the construction of Knuth Road. That was the reason why the homeowners joined forces to ensure that our community would be protected. There are a lot of children in this comm ity. The homeowners have wanted to privatize for a long time. Mr. Bennett urged the Co missioners to reconsider. Commissioner Rosen sai that he would be very opposed to a service station near his community because of th traffic it would generate and the interference the trucks would cause with his ability to e ter his community. He feels there will be additional cross-over traffic generated. Mr. Bennett explained tha a light is needed at Knuth Road and Boynton Beach Boulevard. With Knuth Road opening p, the traffic light can be installed. That will reduce some of the problems expressed by Co missioner Rosen. The developer has already agreed to put in the traffic light which will con rol the traffic at that intersection; Commissioner Rosen won ers how the Commission would react to a second or third request for a gas station in the mid Ie of a major highway. Mayor Pro Tern Matson ad ised that no other service stations can come through because the ordinance has been passed. This project came under the old ordinance. The Commission will not have to face such a sit ation again. John Brugler _Genera nager _ aL QuaiLRidge._Coun~CIuIL anclPropert~ Owner5-' Associatio~ oppose this pr ject because they are concerned about the quality of life impacts of this service station and t e safety issue discussed here. Quail Ridge has problems with the cross-over traffic issues and feels this project will enhance those problems. Further, there are concerns with property val e impacts. Motion Commissioner Rosen move that the request be denied. Commissioner Jaskiewicz seconded the motion. Attorney Cherof advised th t the motion should be in the affirmative because of the possibility of a two-way tie. 12 MINUTES REGULAR CITY COMMIS'ION MEETING BOYNTON BEACH, FlO IDA ! I ,< AUGUST 3, 1995 Commissioners Rosen and Jaskiewicz withdrew the motion and second. City Manager Parker advis that the previously-approved motion was that the plan be granted an 18-month retroactive an 24-month time extension with the County phasing option without the service station. Motion Mayor Pro Tern Matson m ed to table this until we have a full Commission. Mayor Taylor passed the gavel and seco ded the motion. The motion failed 2-2. (C mmissioners Rosen and Jaskiewicz cast the dissenting votes.) Discussion ensued about t e fact that Mr. Kilday was aware that Vice Mayor Bradley would not be at this meeting. Mr Kilday advised that he offered to postpone this request until the next meeting, but another ommissioner admitted having a conflict at that meeting. Motion Commissioner Rosen mov that the plan be granted the 18-month retroactive and 24-month time extension with traffic phasing, and without the gas station. Commissioner Jaskiewicz seconded the motion whic failed 2-2. (Mayor Taylor and Mayor Pro Tern Matson cast the dissenting votes.) Motion Mayor Pro Tern Matson m ved to table it until we have a full Commission. Commissioner Rosen ques ioned whether or not the motion was proper. Attorney Cherof responded that due to the ature of the discussion and the fact that there is an intervening motion which failed, the m tion to tabfe would be appropriate. Mayor Taylor passed the gavel and seconded the motion. The motion carried 3-1. (Commissioner Rosen cast he dissenting vote.) D. Height exce tion for 100' tower - Motorola Jim Allen, representing ST Architectural Group, was present on behalf of Motorola. He introduced Tim Tourville, J e Sperlazza and Dave Derck of Motorola. 13 ~, - - MINUTES OF T E PLANNING & DEVELOPMENT 80",.-(0 MEETING HELD IN COMMISSIO CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON UESDAY, JULY 11, 1995, AT 7:00 P.M. PRESENT Stanley Dube, Chairman Jim Golden, Vice Chairman Dave Beasley Maurice Rosenstock Lee Wische William Burton, Alternate Tambri Heyden, Planning & Zoning Director Michael Haag, Zoning & Site Oevel. Administrator ABSENT Robert Elsner James Titcomb Pat Frazier, Alternate 1. PLEDGE OF ALLEGI NCE Chairman Dube called the eeting to order at 7:07 p.m., and led the Pledge of Allegiance to the Flag. 2. INTRODUCTION 0 MAYOR~_COMMISSIONERSAND_ BOARD MEMBERS Chairman Dube introduced he members of the board. Mr. Rosenstock was not yet present. He acknowledged the prese ce in the audience of Mayor Taylor, Commissioner Rosen, former Commissioner Jose Aguila, nd former board chairman Gary Lehnertz. 3. AGENDA APPROV L Motion Mr. Beasley moved to appr ve the agenda. Vice Chairman Golden seconded the motion. Chairman Dube announce that under "Comments by Members", he would like to address the issue of the City Comm sion's reconsideration of the Knuth Road PCO. Mr. Rosenstock arrived for The motion carried unanim 1 MINUTES PLANNING & DEVElOPM NT BOARD BOYNTON BEACH, FlOR DA JULY 11, 1995 8. COMMENTS BY M BERS: Chairman Dube reported hat at the last City Commission meeting, the Commissioners rescinded their vote on the nuth Road PCD project so that they can readdress the vote on the gas station. For the recor , he would like the Planning & Development Board members' previous comments on this issue to be known by the City Commission. He stated that Mr. Winche ter pays a total of $519 yearly in taxes because that property is zoned Agricultural. Mr. Wi chester has done nothing to help this City and has not paid taxes within the City for that Ian to sit there. The City did him a favor once by approving a gas station. He let it sit there a expire, and there is no reason to go back to another 18-month extension for a gas station here a gas station should not go. The land has a value of $3 million. Chairman Dube ill speak against this when it comes up at the City Commission meeti ng. Mr. Rosenstock offered his fuJl support to the chairman. He further recommended that the previous minutes which ref! cted the board's feelings on this project be included in the City Commission back-up mate al. Vice Chairman Golden agr with the remarks. Chairman Dube reviewed the issue and explained that the owner of the property has requested an l8-month ret~ active time extension, plus a future extension, to put a gas station on the corner parcel. No in ormation was offered about the remainder of the property. The current code does not allow a gas station on that type of corner. When this issue came before the Planning & Develop ent Board, the vote was 6-1 for denial. Following the City Commission meeting wh the gas station was denied, the applicant spoke with the surrounding residents and r quested that the Commission reconsider the issue. Mr. Wische advised that on of the Commissioners who opposed the issue made a statement that she would reconsider t e issue if there was proof that the adjacent residents favor the gas station. This is the reason hy it is being reconsidered. Ms. Heyden advised that hen the rezoning was approved in 1990, Knuth Road was the responsibility of Tara Oak. In 1992, a master plan modification was filed and split the responsibility between the 0 projects. This is where the problem lies. At this point, the first project in must build its po ion of Knuth Road; however, the agreement approved with the master modification states t at once the first link is built, the longest period of time which can lapse before the remainder f the road is built is four years. 29 MINUTES PLANNING & DEVELOP ENT BOARD BOYNTON BEACH, FlOR DA JULY 11, 1995 Stonehaven residents are arful they will get Knuth Road with no buffering because the buffering for that project is tied to the PCD. The Knuth Road PCD was tied up in all of the conditions required by St ehaven which included buffering, walls and guard gates. Mr. Winchester agreed to all 0 those conditions. Mr. Wische explained that is understanding from the City Commission meeting was that the sale of the gas station woul provide the funds necessary for Mr. Winchester to build the road. Ms. Heyden advised that t e road will be built regardless of whether or not they get the gas station. The problem is the timing. When the building of the road was split between the two projects, the timing becom s the problem. In response to Mr. Wische' question regarding when Knuth Road will be built, Ms. Heyden said Mr. Winchester has a yer on the line for Tara Oaks. They will be submitting a master plan modification shortly. ara Oaks will then have to construct their portion of Knuth Road. Once they do their section, here are four years to do the remaining section. She pointed out that the developer of Tar Oaks has agreed to put in all of Knuth Road. Stonehaven is concerned that the road will be built and they will not get their buffering because the buffering is tied to the construction 0 the Knuth Road PCD. Mr. Winchester does not have a buyer on the line for the Knuth Road CD. He only has the gas station. Therefore, it can be a long time before the Knuth Road PC gets built. 9. ADJOURNMENT: There being no further busi ess to come before the board, the meeting properly adjourned at 10:50 p.m. ~.~i~P Recording Secretary (Five Tapes) S:\CCWP'MINUTES\P!.08D\071 '9S.WPO 30 JUNE 20, 1995 '---- I -..1--, . I I MINUTES REGULAR CITY COMMISS ON MEETING 'BOYNTON BEACH, FLORI A VII. PUBLIC AUDIENCE Kieran Kilday reminded the ommissioners that he appeared before them two meetings ago for a time extension for the nuth Road PCD. The extension was approved minus the service station which had been prev ously approved on the corner of the PCD. During the meeting, some of the Commissioner expressed concern with how the surrounding communities felt about the project. Mr. Kilda went back to the neighborhood and met with the residents. He pointed out that Mr. Roger ennett, president of the Stonehaven Homeowners' Association, submitted a letter stating the community's concerns which are larger than the service station. Their concerns are with the ompletion of Knuth Road and buffering which were part of the earl ier approval. Mr. Kilday requested recon ideration of the matter. Commissioner Jaskiewicz ad ised that she was on the prevailing side, and therefore, requested that this issue be put back the agenda for reconsideration at the next meeting. Attorney Cherof advised tha because of the time period involved on a quasi-judicial matter, the proper motion would b to rescind the previous Commission action. This issue would have to go back on the next genda as a motion to rescind. He recommended that the motion be rescinded at the next me ing, and the public be notified that the issue will be brought back for discussion at the followi g meeting. Motion Commissioner Jaskiewicz m ved to place on the next agenda a motion to rescind the previous motion dealing with Knuth oad PCD. Mayor Pro Tem Matson seconded the motion which carried 4-1. (Commissione Rosen cast the dissenting vote.) Carl Cascio, representing A dre St. Juste, advised that Code Enforcement originally obtained a lien against Mr. St. Juste in 1990, and by the time he learned about the Notice of lien which was served on the piece of roperty by certified mail to his ex-wife, a year past. Mr. St. Juste did not live at the address. The lien accumulated to $51,200. He learned of that lien by service of the foreclosure s it on the lien. Mr. St. Juste's attorneys did ot procedurally attack this situation in the right manner. When Mr. Cascio was retained, he realized that the only recourse Mr. St. Juste has is to request that the City Commission review the file to determine the facts and circumstances. The lien should have been served by certifi mail on the person so that he is assured of receiving notice. This 17 w .. MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JUNE 20, 1995 lien was improperly served on the address where the lien is attached. Mr. Cascio said he has spoken with Attorney Cherof about the possibility of entering into settlement negotiations to try to come up with a reasonable figure for Mr. St. Juste to try to settle this matter since this is a main source of income for him. Mayor Taylor advised that he has not had an opportunity to review any of the documents Mr. Cascio has submitted since they only arrived this evening. He is unfamiliar with this situation and wi II have to research it. Attorney Cherof stated that this issue should not be addressed this evening, and expressed surprise that Mr. Cascio has represented that the notice was not properly served. The Circuit Court judge determined the opposite when Mr. St. Juste was represented by counsel in trial. This is the only trial the City has taken with respect to a Code Enforcement Board lien. All other cases have been resolved prior to such action. Attorney Cherof requested that Mr. Cascio provide him with a courtesy copy of the information provided to the City Commission. Attorney Cherof further stated that Code Enforcement staff would certainly offer input regarding this property which is one of the more dilapidated pieces of property within the City. This property has been maintained in that condition throughout the proceedings. The City offered to withdraw the lien if the property was brought into compliance. VIII. DEVELOPMENT PLANS: Description: Sausalito Groves H. P. Tompkins, Jr. - HPT Consultants, Inc. West side of Lawrence Road, approximately 400' north of Gateway Boulevard SITE PLAN: Request for site plan approval to construct entry wall signage, guardhouse, private recreation (clubhouse, tennis court/ shuffleboard court, swimming pool and picnic area) common area lake plantings, buffer landscaping and entry feature landscaping A. Project Name: Agent: Location: Press Tompkins, agent for Sausalito Groves, was present to answer any questions the Commission might have following staff's presentation. Tambri Heyden made the presentation. The Planning and Development Board approved this request with a 6-1 vote and an exception regarding Recreation & Parks Memorandum #95-260 18 ~~~ ~'T~ji"f'i""-- }V1INUTES REGULAR CITY COMMISSIO MEETING BOYNTON BEACH, FLORID JUNE 6, 1995 C. Resolutions: 1 . Proposed Resolution No. R95-89 Re: Authorize execution of 1994/96 Collectiv Bargaining Agreement between the City of Boynton Beach and the In ernational Brotherhood of Firemen and Oilers Attorney Cherof read Proposed Resolution No. R95-89 by title only. Attorney Cherof reported that e had a discussion with Wanda Stimpson, President of the IBF&O. There was a provisio of the agreement dealing with funeral leave (Subsection 2) which will be deleted for the ime being and dealt and subsequently ratified by letter of Understanding. He recommen ed approval of the agreement with the deletion of Subsection 2. Motion Mayor Pro Tem Matson moved 0 approve Proposed Resolution No. R95-89 with the deletion of Section 2, Article 12. ice Mayor Bradley seconded the motion which carried unanimously. 2. Proposed Resolution No. R95-90 Re: Authorize execution of Residenti I Lease/Option Agreement between the Boynton Beach Commun ty Development Corporation and Patrick & Marie Bernard Attorney Cherof read Propos Resolution No. R95-90 by title only. Motion Vice Mayor Bradley moved t approve Proposed Resolution No. R95-90. Commissioner Rosen seconded the motion w ich carried unanimously. 3. Propose Resolution No. R95-91 Re: Impact fee credits for the construct on of Knuth Road Attorney Cherof read Propose Resolution No. R95-91 by title only. Motion Mayor Pro Tem Matson mov d to approve Proposed Resolution No. R95-91. Vice Mayor Bradley seconded the motion. 37 MINUTES - REGULAR Cll lNMISSION MEETING BOYNTON BEACH. FLORID~ JUNE 2. 1992 2. decreasing th size of a proposed bank from 5,400 square feet to 4,500 square feet; 3. a redistribut on of the approved square footage on the site; 4. adding an ing ess/egress driveway on Boynton Beach Boulevard; and 5. amending the aster plan parking and landscaping to accommodate the new design. The Planning and Zoning Department and the TRC have detenmined that none of the changes exceed the 10% hreshold as stated in the Code. The demands for water and sewer will decrease and drainage will increase only slightly. Traffic will increase by 380 trips. At the May 12th Planning and Development Board meeting, a recommendation to fo ard this with approval was made. However, they were concerned with the traf ic study. Mr. Cutro provided a letter indicating the County has reviewed and approved the traffic for this PCD. Staff recommends approval of this projec . Kieran Kilday advised t at a meeting has taken place with the Stonehaven pro- perty owners. Ruth Mey rson, President of the homeowners' association was pre- sent and penmitted Mr. ilday to report that an agreement exists and a phasing program has been worked out which was approved by the association. It was reconfinmed for Vice Ma or Matson that the original agreement is finm. Ms. Meyerson advised Mayor einer that agreement was reached on all items. , ., ~ THERE WAS NO ONE WHO WI HED TO SPEAK ON ITEMS NOS. 1, 2 AND 3. Commissioner Aguila que tioned the changes in the landscape criteria. Mr. Cutro reported that the origi al locations of some of the landscape islands were moved to accommodate the serv ce station on the site. Commissioner Aguila is oncerned that because of the layout of the service sta- tion, the southwest cor er of the gas station became confusing. Accommodations were created and now th traffic pattern has been confused. 2. ~Project N me: Agent: Owner: Location: Descripti 3. Project N me: Agent: Own e r: Location: . Knuth Road P.C.D. Rossi and Malavasi, Engineers Bill Wi nchester Southwest corner of Boynton Beach Boule- vard and Knuth Road intersection PRELIMINARY PLAT: Knuth Road P.C.D. Plat No.1, a 1.01 acre service station site identified at Lot 1. Knuth Road P.C.D. Service Station Kilday & Associates Elsie & Bill Winchester Knuth Road and West Boynton Beach Boule- vard, southwest corner - 11 - MINUTES - REGULAR CITY C~ )SION MEETING BOYNTON BEACH, FLORIDA JUNE 2, 1992 -Description: SITE PLAN: Request for site plan approv- al to construct a service station/conven- ience store and car wash. Motion e Commissioner Hanmening move to approve Items Nos. 1, 2 and 3 from the Development Plan Consent Ag nda as presented. Commissioner Walshak seconded the motion which carried 4-1. Commissioner Aguila cast the dissenting vote.} Fisher Ap&rtments George Davis, Architect Don J. Fisher 2107 SE 3rd Street SITE PLAN: Request to construct two four unit apartment buildings and a detached three-car garage. Chris Cutro made the presen ation. The present zoning on the site is R-3. The TRC has reviewed the plan a d it complies with the development regulations of the R-3 zoning district, th parking ordinance, landscape ordinance and the Community Design Plan. The outstanding comments are geared toward the building penmit process and can be a dressed at that time. The Planning and Development Board reviewed this plan at its May 12th meeting and forwarded it with a recom- mendation for approval. 4. Project Name: Agent: Owner: Location: Description: THE APPLICANT WAS PRESENT B T DID NOT WISH TO SPEAK. Motion , Commissioner Hanmening move the adoption of Project #4, Fisher Apartments, from the Development Plan Cons en Agenda. Vice Mayor Matson seconded the motion which carried 5-0. 5. Project Name: Agent: Owner: ~Location: Description: Boynton Be&ch Promen&de Oliver Glidden & Partners, Architect CS, Inc., A Texas Corporation 901 North Congress Avenue SITE PLAN MODIFICATION: Request to raze 52,535 square feet of the existing 76,940 square foot retail/office project and construct 47,224 square feet of building which would include a 24,888 square foot retail building added to the portion of the existing retail building that is to remain, and two (2) detached buildings, one a 14,000 square foot retail building - 12 - MINUTES REGULAR CITY COMMISS ON MEETING BOYNTON BEACH, FLORI A J MAY 16, 1995 < '. on SW 8 Street. Attempts ar always made to limit the number curb cuts because they influence the levels of service. Commissioner'~skiewicz r ailed that the plans inc oed a gas station. She questioned how access into that ~!ion wou d be achieved. Ms. eyden said that when the master plan was changed, the appliea.nt req ested and received n additional curb cut off Woolbright Road. Commissioner Jaskiew~ e pressed surprise at the City allowed a service station use on that parcel since it is so c10~~ a fresh wat canal. Ms. Heyden confirmed that the use just completed environmental re . wand wa approved. allowed to meet the traffic c City Manager Parker pointed ut that none 0 e current staff or City Commissioners were a party to that issue. However, e e one is trying to w k with the situation as it is now provided. Motion Vice Mayor Bradl moved t approve the Shoppes of W Ibright PCD master plan modification, subject to staff omments. ayor Pro Tern Matson seco (Commissione Jaskiewicz ca t the dissenting vote.) MAYOR T Proj ect: Agent: Location: Description: A FIVE-MINUTE RECESS AT 8:25 .M. e IJr~ nuth Road PCD - q tf,- 0 () 1- ieran Ki Iday 5 uthwest corner of Knuth Road and Boynton Beach Boulevard T ME EXTENSION: Request for approval of an 18-month retroactive a d an indefinite time extension for zoning/master plan approval and c ncurrency exemption. B. Kieran Kilday, of Kilday & ssociates, represented the Winchesters who were present in the audience. This property was n the County until 1990. It is a vacant parcel on the south side of Boynton Beach Boulevard at e southwest corner of Knuth Road. In 1992, the applicant came b ck through the process to modify the PCD to shift one'parcel to a service station use. The proj ct did not move ahead, and the extension ran out. Last fall, the applicant moved to seek an e tension. The first issue of concern is co currency. When the applicant went throl.!,gh the process in 1990, 22 MINUTES REGULAR CITY COMMISS ON MEETING BOYNTON BEACH, FLORI A MAY 16, 1995 the project became vested. hen the extension was requested, they were asked to address the concurrency. The road link were readdressed. Because of the positive traffic trend in the area and the opening of Gateway oulevard, the traffic went over the two-lane capacity. If concurrency were applied today, the appli ant would be limited to being able to build approximately two-thirds of the project until such time as Gateway Boulevard is widened. Gateway Boulevard is scheduled to be widened in 1996/1997. In October of 1996, this project will again become fully concurrent. Within a year of the wideni g of Gateway Boulevard, the applicant will be able to build out the project. However, at this pint, the applicant accepts the fact that the project must be phased. The second issue of concern is the fact that the current approved master plan includes a service station. This plan was appro ed in 1992, and met the standards at that time. It was approved with the concurrence of the surr unding property owners. Because of changes in the service station industry, the service station id not get built. As of tonight, the applicant has a contract for the construction of a service st tion on this site. This would get the first phase of the project underway. In requesting an xtension for the master plan, the applicant needs the plan which was previously approved. Mr. K Iday pointed out that in terms of the new rules, the service station meets the standards in all but one area. The rules require that the station be located on four-lane roads. In this particular cas Boynton Beach Boulevard is a major arterial and Knuth Road is a two-lane road. The approv I has a condition for a right turn out and left turn out lane and an extension of the turn lane fu her south. In terms of access to the site, he only direct access is onto Boynton Beach Boulevard. The access achieved from Knuth Road i access into the overall center. The third issue is the constru tion of Knuth Road. At the time Stonehaven PUD was constructed, Knuth Road was only constr cted along the Knuth Road PCD for 100 feet and then terminated. This road needs to be const ucted from Woolbright Road to Boynton Beach Boulevard and be realigned when projects com in on the north side. The intent of the road construction is to take traffic off Congress Avenue a d provide another north/south alternative to the Mall. As part of a condition, Tara Oaks PCD w II be constructing Knuth Road from Woolbright Road to the canal. The Knuth Road PCD will be esponsible for the missing link. Both of the buyers want Knuth Road to be constructed as a single oad. Although the applicant is ent tied to impact fee credits, he must front the entire cost of the road. Mr. Winchester has agreed t construct Knuth Road using the proceeds from the service station sale. This will allow the roa to be built as one link. When all of the_projects wer approved, Stonehaven PUD negotiated with the applicant and an agreement exists to construct andscape buffer areas wherever the projects abut, and build a buffer along the Knuth Road PCD pr ject. If the service station moves forward, the building permit will trigger the improvements to e put in place. 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA '-' ...., MAY 16, 1995 ., ,~ In summary, upon approval of the request, the applicant will be able to construct the road as a single connection from Woolbright Road to Boynton Beach Boulevard and provide the necessary buffering. Mr. Kilday further advised that in 1990, when this project was approved, there was a County program in place whereby roads on municipal thoroughfares got a credit for impact fees for construction of those roads. In 1992, City staff wrote to the County indicating that they wanted to receive the credits. County agreed with the credit, but requested a formal resolution. The applicant will return seeking approval of a resolution to put aside this matter. Commissioner Jaskiewicz inquired as to the proximity of the service station to the Lexington Homes project. Mr. Kilday advised that it is approximately one-quarter to three-quarters of a mile from one site to the other. In response to Commissioner Jaskiewicz' question regarding objections from the residents of Quail Ridge, Mr. Kilday advised that when the original PCD was approved, they voiced concerns and buffering requirements were included. There were no comments when the service station was included. Mayor Pro Tern Matson recalled that the residents of Stonehaven PUD voiced concerns about the service station. She asked whether or not those concerns were addressed in the agreement worked out with Stonehaven. Mr. Kilday responded affirmatively and stated that the agreement is still in effect. Commissioner Rosen asked for clarification on the building of Knuth Road. Mr. Kilday advised that in order for Mr. Winchester to have the funds to build Knuth Road, he must sell this parcel of land. Commissioner Jaskiewicz was concerned with the fact that this time extension was not renewed in 1993, when it would have been easier to do since it would have been a continuous extension. Mr. Kilday said that there has been a great deal of struggling on the part of the applicant to keep the projects going. Ms. Heyden advised that she is pleased that Mr. Kilday has agreed to traffic phasing. This is important because when it goes to the County for traffic review, it is looked at as an isolated case. They do not look at the cumulative effect of applications submitted at the same time. With regard to the issue of the gas station, the 1990 master plan did not indicate a service station. Staff's concern is that if the project is approved, because of the phasing, the City could end up with only a service station on an outparcel for an ext~nded period of time. With respect to Knuth Road, originally, the burden of Knuth Road was attached to the Tara Oaks project. The agreement to split up that burden between the two projects ~ccurred years later. Ms. 24 MINUTES REGULAR CITY COMMISS ON MEETING BOYNTON BEACH, FLORI A MAY 16, 1995 Heyden advised that the Pia ning and Development Board recommends denial of this request, and staff recommends approval ubject to staff comments. Commissioner Jaskiewicz i quired as to whether or not this service station will include tne car wash that was previously pr posed. Mr. Kilday responded affirmatively. Vice Mayor Bradley point d out that it is not the intent or. purpose of the Planning and Developmer'l 30ard or the ity Commission to deny development. However, it is important to ensure that the best kind of development takes place. There are three service stations in close proximity to this proposed s ice station. Everyone can imagine a better use of this land. He is not opposed to this use, but ince the City must "give" a certain amount, what does the developer plan to "give"? He question d whether the issue of density could be opened for discussion. Mr. Kilday advised that Pulte Homes is the contract purchaser and Tim Hernandez indicated that given the cost of the project, hey hope not to have to decrease density. They will have to come back through a modification rocess with a plan. Since the applicant is now contracted to Pulte, they would have to make th final decision. Mr. Kilday stated that the applicant is anxious to get Knuth Road constructed and dd the buffering. City staff has indicated their concern with getting the road constructed as one ink. Although Vice Mayor Bradle is anxious to see the property placed on the tax rolls, the County and the State have made it c1ea that there is a certain obligation on development for building the roads. He does not believe t e City should reduce its standards to make sure that this road goes through. Mr. Kilday stated th t all rules and obligations of the PCD have remained in place with the exception of some of the ules for service stations. The approved project is a good project with agreements in place. One the thrusts of Knuth Road is to relieve Congress Avenue. If done properly, this service station an be an attractive project. Commissioner Rosen feels t is portion of the City to Military Trail has been developed quite nicely. Even the strip shoppi g centers on the north side of the road are well done. He is hesitant to see a gas station on the sou h side of Boynton Beach Boulevard. He counted 800 yards between this proposed service station nd three other gas stations on Congress Avenue and Boynton Beach Boulevard. He does not beli ve there is a need for an additional station. Mr. Kilday feels that the pur haser would not be building this station if the need did not exist. Growth to the west indicates a need for additional service stations. Mayor Pro Tem Matson advis d of the many discussions which were held between the residents of Boynton Lakes North and he service station at Hypoluxo Road and Congress Avenue. Many conditions were placed on th t use, and they have become very good neighbors. She was pleased that the residents of the area ave approved this use at Knuth Road. Si~ce the residents have no -,- -, MINUTES W' REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ""'" MAY 16, 1995 problem with it, she is comfortable with it. She is also pleased that the applicant has agreed with the traffic phasing, and is pleased to have Pulte Homes in the development. Mayor Taylor stated that he would be pleased to see Knuth Road constructed. However, he-would not want to approve an indefinite time extension. Mr. Kilday said that in order to get into the process and get the necessary permit, 18 months would be acceptable. City Manager Parker advised that prior Commis~!ans have never apfJluved an indefinite time extension. Further, the first use on the property will vest the development, and while the concurrency criteria would continue, they would not come back for futul=e approvals. In response to Commissioner Rosen's question regarding the type of service station, Mr. Kilday introduced Maynard Mass who said he is negotiating with Amoco and Texaco. Attorney Cherof pointed out that in a letter dated November 23, 1994, to Tambri Heyden, Mr. Kilday stated that the applicant had expended money in reliance of approvals which were granted for the Knuth Road PCD and Tara Oaks PCD. He questioned why that scenario had been laid out. Mr. Kilday advised that they wanted to indicate that the projects had been true projects and the applicant had proceeded in good faith to the best of his ability so that staff could make a judgment as to whether the project had shown efforts to move forward. Attorney Cherof questioned whether the numbers were shown to demonstrate that there might have been some type of detrimental reliance on the applicant's part, and if he had expended money, he was somehow entitled to proceed and entitled to an extension. Mr. Kilday said the numbers were presented to preserve any rights the applicant has. Attorney Cherof asked, "If you get an 18 month extension, and put some more money into the ground and find that you are unable to complete within the 18 months, won't you come back with a longer list of expenditures with a more enhanced argument that you have more to rely upon at that point?" Mr. Kilday responded affirmatively, but stated that in the case of the two projects, in order to spend any more money on them, a plat will have to be recorded and a bond will have to be filed. There are no plans to expend money except to get to the platting process. City Manager Parker advised that once the plat is filed, the bond money would be for Knuth Road. Our requirement is that if construction is not done within 21 months, we would move forward and call the bond to construct the road. Ms. Heyden clarified that staff's recommendation is for approval of the 1990 master plan. 26 MINUTES REGULAR CITY COMMISS ON MEETING BOYNTON BEACH, FLORI A Motion MAY 16, 1995 Mayor Pro Tem Matson mov d to approve the 18 month retroactive and 24 month time extension for zoning/master plan app oval and concurrency exemption for Knuth Road PCD subject to County phasing option. City Manager Parker advised that the concurrency exemption means that the County phasing is not applicable. Therefore, :;;'c r commended deleting the words "concurrency exemption" from the motion. Mayor Pro Tem M tson agreed to this change in the motion. Mayor Taylor passed the ga el and seconded the motion. Mr. Kilday questioned whet er the motion included approval of the 1992 plan with the service station. Mayor Pro Tem Ma son responded affirmatively. Commissioner Jaskiewicz s id she cannot support this project because it is not part of the 1992 Comprehensive Plan. Furth rmore, she feels this is a beautiful piece of property and a service station is not the most appro riate use for it. If she was assured that the residents of the area had no objections, she would su port it. Commissioner Rosen is opp ed to the building of additional gas stations in Boynton Beach unless they are at major crossroads The motion failed 2-3. (Vic Mayor Bradley and Commissioners Rosen and Jaskiewicz cast the dissenting votes.) Mr. Kilday requested the C mmission to consider approval of the time extension without the service station. City Manager Parker pointe out that this request would be following the staff recommendation that the plan be granted the 1 month retroactive and 24 month time extension with traffic phasing and without the gas station. Attorney Cherof advised th t the first motion failed; therefore, no motion to reconsider is necessary. This would be an alternative motion to dispose of the matter in a positive fashion. At this point, the motion was a enial of the extension. Motion Mayor Pro T em Matson mov to approve the request for an 18 month retroactive and a 24 month time extension for zoning/ma ter plan approval with the County phasing option for the southwest 2.7 MINUTES -., REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 'Wi' ; , MAY 16, 1995 corner of Knuth Road and Boynton Beach Boulevard. Commissioner Rosen seconded the motion. Mayor Taylor questioned whether Knuth Road will be constructed. Mr. Kilday said the road will be built with first building permit. Commissioner Rosen amended the motion to include the phrase "without the gas station" so that it is clear that the approval does not include the gas station. Commissioner Jaskiewicz seconded the amended motion which carried 5-0. c. Boynton Beach Boulevard PCD Kieran Kilday South side of the intersection Boynton Beach Boulevard and Winchester Park Boulevard TIME EXTENSION: Request fa approval of an l8-month retroactive and an indefinite time extensi n for zoning/master plan approval and concurrency exemption...... . .......... ..... ..... ................... ... ..TAB LE 0 The original motion carried 5-0. Motion Vice Mayor Bradley moved to re ove this item fr m the table. Commissioner Rosen seconded the motion which carried unanimo Iy. Kieran Kilday made the presentation nd a vised that this is a parcel of property south of Winchester Boulevard and to the west 0 th post office, It is approved for general commercial uses and does not include a service station I the approval. Phasing was a requirement of staff and the applicant accepts that condition. This el, in terms of access and use, will be at a signalized intersection. This property was held up because t of Florida is the owner of record, Clear title could not be attained and it went in litigation to ear that title. That clear title now exists, but the property contains a vein of mu . Mr. Kilday req sted a 24 month time extension to perform the demucking operation so that he property can be veloped. In response to Mayor Taylor' question, Mr. Kilday advise that Mrs. Boynton, who lived on the property, has been relocate to a new place. I Staff's recommendation is for approval of this request to expire 0 June 18, 1996, jf a plat is not filed. The Planning ar;ia Development Board also recommended proval of this request for a period of six months{ 28 MINUTES - CITY COIItI~ - 'ON MEETING BOYNTON BEACH, FLORI APRIL 18, 1995 Mr. Hernandez was agr eable to a seven month extension if staff and the Commission could assu e him that he would be able to go through the process in that period of time. Mayor Pro Tem Matson ointed out that Pulte Homes did a remarkable job in reha- bi11tating the Meadow. She was 1n favor of granting an extension for nine months. / Mr. Kilday was agreeable to a nine month extension. He pointed out that some penmits also have to b obtalned from outside the City and sometimes there are delays. He was also a reeable to a seven month extension if further small extensions would be al owe~ to get the applicant to platting. Mayor Taylor was not r ally in favor of granting extensions. He cautioned the applicant to ask for w atever time he feel he needs now so that he does not have to ask for another tim extension. Mr. Kilday felt comfortable that nine months would cover any contin encies and prevent him from havtng to come back to the Conmission. Motton Mayor Pro Tem Matson ved to approve the request of the Tara Oaks PUD retroac- tive extension from Ju e 18. 1993 to April 18. 1995 with a nine month time extenslon for zoning/ ster plan approval. Commissioner Jaskiewicz seconded the motion which carried 5 . Knuth ROld PCD - TABLED Kleran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard Tt.. Extenston: Request for approval of an 18 month retroactive and an indef1nlte time extension for zoning/master plan approval and concurrency exemption Mr. Kllday requested th t this item remaln tabled for an additional 30 days in order to address some c ncurrency lssues that the Planning and Development Board wanted addressed. 3. Project: Agent: Location Descript on: Boynton Beach Boulevard PCD - TABLED Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard n: T'.. Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Mr. Kilday requested tha th1s item remain tabled for an add1tional 30 days in order to address some co currency issues that the Planning and Development Board wanted addressed. 4. Project: Agent: Location: Descrlptl - 27 - .-.-------------- - MINUTES - CITY CO"USSION ETING BOYNTON BEACH. FLORIDA MARCH 21. 1995 Description: and use Element Amendment/Rezoning: Request for a map endment to the Future Land Use Element of the omprehensive Plan from Medium Density Residential to ocal Retail Commercial and rezoning from R-2 (Single nd Duplex Dwelling District) to C-2 (Community ommercial). City Manager Parker advis d that this item has been continued to the April 11, 1995 Planning and Develo ent Board meeting, and will appear on a subsequent City Commission agenda. ) VII. PUBLIC AUDIENCE Wilda Searcy, 402 N. E. 1 th Avenue, made comments about the election. She also commented that she would ike Hester Center open seven days a week so that the children can have a place to go for entertainment. She also made comments about the drug situation in the north end of the City, and spoke about people parking on both sides of the stre t from Railroad Avenue to Boynton Beach Boulevard, blocking that area. Bill Perone, 209 Citrus T ail, felt the City is catering to developers. No one else wished to spe k. Therefore, Mayor Hanmening declared the Public Audience closed. VIII. DEVELOPMENT PLANS A. Consent Agenda - Unanimously approved by the Planning and Development Board None. B. Non-Consent Ag nda - Not unanimously approved by the Planning and Development B rd Tara Oa.ks PUD Kieran Kilday Northeast corner of Knuth Road extended and Woolbright Road Time Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption/certification This item was tabled unti the April 18, 1995 City Commission meeting. 1. Project: Agent: Location: Descriptio 2. Project: Agent: Location: Knuth Road PCD Ki eran Kl1 day Southwest corner of Knuth Road and Boynton Beach Boulevard - 9 - MINUTES - CITY COMMISSION ETING BOYNTON BEACH. FLORIDA MARCH 21. 1995 Description Ttme Extenston: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption This item was tabled until the April 18, 1995 City Commtssion meeting. 3. Project: Agent: location: Boynton Beach Boulevard PCD Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Ttme Extension: Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption This item was tabled until the April 18, 1995 City Commission meeting. Description Mayor Hanmening stated tha he will not be here when these time extensions are discussed. He hoped the C ission does not grant them. Shoppes of WOolbrtght POD CCl Consultants, Inc. Howard R. Scharlin, Trustee North side of Woolbright Road, east of the l.W.D.D. E-4 Canal Master Plan Modification: Request to modify the previously approved master plan to subdivide out- building 3 into .895 acres, revise the outbuilding sizes (outbuilding 1 from 4,300 to 6,920 square feet, outbuilding 2 from 5,000 square This item was tabled by C ty Attorney Cherof so that it can be discussed at a shade meeting this Friday at 3:00 p.m. 4. Project: Agent: Owner: Location: Descriptio C. Other None. IX. NEW BUSINESS A. Items for d1sc ss10n requested by vtce Mayor Matson 1. Report on ettng reference Lawrence Road 2. Two Resolu 10ns Perta1n1ng to Lawrence Road Vice Mayor Matson stated hat last Wednesday, she facilitated a meeting between City Manager Parker, City Attorney Cherof, Director of Development William Hukill, herself, and repr sentatives from GL Homes and Nautica, two communities - 10 - MINUTES OF THE ITY COMMISSION MEETING HELD IN COMMISSION CHAMBERS, ITY HAlL. BOYNTON BEACH. FLORIDA. ON TU , MARCH 21. ~995, AT 6:30 P.M. PRESENT Edward Hanmening, Mayor Lynne Matson, Vice Mayor Matthew Bradley, Mayor Pr Tem Shirley Jaskiewicz, Commi sioner Sidney Rosen, Commissione Carrie Parker, City Manager James Cherof, City Attorney Sue Kruse, City Clerk I. OPENINGS A. Call to Order B. Invocation - J s E. Henry - Deeper Life Fellowship Full Gospel Church C. Pledge of All iance to the Flag Mayor Hanmening called th meeting to order at 6:31 p.m. James E. Henry of the Deeper Life Fellowship Full Gospel offered the invocation. The Pledge of Allegiance to the Flag wa led by Mayor Hanmening. D. Agenda Approva 1. Additions, Deletions. Corrections Mayor Pro Tem Bradley tab ed Item IX.B.l (Authorization for Goal Setting Team Building for the City Co ission and City Department Heads) until the next meeting. He felt this it should have the new mayor's input. He replaced this item with an update n the Poinciana Elementary School Magnet, and added Item IX.B.2 (Update on th Funding for the Boynto~ Commun1ly Life Center). Vice Mayor Matson added I em IV.A.2 (Pennies fOr P.A.L.) and Item IV.A.3 (Easter Egg Hunt Extravaganza). he changed itera IX~A.2 to read, "Two Re-solutions Pertaining to Lawrence Ro d". She also added Item IX.A.3 (Florida League of Cities Legislative Sessio ). Commissioner Rosen asked hat Item 111.C.3 be tabled. City Manager Parker asked Mark Law of the Utilities Department if there is a timetable on the Joint Participation Agreement. Mr. Law advised that a specific deadline was not given. _ ~. City Manager Parker delet d Item 111.B.3. She explained that this needs to be . -~~o rebi d because it is not a one-year extensi on for the same product. ~--;_~ f' . _7 ,JJ....\4 L."--f<...'j.: t..}l City Manager Parker advis d that she received a letter from Kilday & Associates, requesting that Items VII .B.l, VIII.B.2 and VIII.B.3 be tabled until the April 18, 1995 meeting. ayor Hanmening was not in favor of tabling these items. Vice Mayor Matson felt the Commission should honor the request to table because the letter states that an additional thirty days is needed to solidify timetables for developmen. In addition, she did not think the Commissjon --..........-. ....-..,.. ---~....- : _" _l.L..... ",.. - 1 - MINUTES - CITY COMMISSION EETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 should vote on this matte without the applicant making a presentation. Mayor Hanmening pointed out tha their current concurrency in all of their master plan approvals expired months o. Therefore, they are in arrears. Motion Vice Mayor Matson moved t table Items VIII.B.1, VIII.B.2 and VIII.B.3 until the April 18, 1995 City Commi sion meeting. Mayor Pro Tem Bradley seconded the motion which carried 4-1. Mayor Hanmening cast the dissenting vote. Ci ty Attorney Cherof requ sted that Item VI II .B.4 be tabl ed so f~ql..)i~o-J;;rlil~e ;:t c - :,,/.'.. discussed at a shade meeting this Friday at 3:00 p.m. He added Item X.D.1 (Update on the Finizio Ap eal). 2. Adoption Motion Vice Mayor Matson moved t approve the agenda as amended. Mayor Pro Tem Bradley seconded the motion which carried 5-0. II. ADMINISTRATIVE A. Appointments t be made Appointment Reg/ length of Tenm To Be Made Boar Alt Ex iration Date II Bradley Educat on Advisory Board Alt Tenm expires 4/95 TABLED II Bradley Board f Adjustment Alt 2 yr tenm to 4/96 TABLED III Jaskiewicz Cemete y Board Alt 1 yr tenm to 4/95 TABLED II Bradl ey Educat on Advisory Board Alt Tenm expires 4/95 TABLED II Bradley Board f Adjustment Reg Tenm expires 4/97 TABLED III Jaskiewicz Nuisan e Abatement Board Reg Tenm expires 4/95 TABLED I Rosen Civil ervice Board Alt Tenm expires 4/95 TABLED III Jaskiewicz Educat on Advisory Board Reg Tenm expires 4/95 TABLED IV Matson Educat on Advisory Board Reg Tenm expires 4/95 TABLED Mayor Hanmening Planni g & Development Alt Tenm expires 4/95 TABLED I Rosen Code E forcement Board Reg Tenm expires 9/97 TABLED IV Matson Senior Advisory Board Reg Tenm expires 4/96 TABLED I Rosen Educat on Advisory Board Reg Tenm expires 6/95 TABLED III Jaskiewicz Commun ty Relations Board Alt Tenm expires 4/95 TABLED Mayor Hanmening Commun ty Redev. Adv. Brd. Reg Tenm expires 8/95 TABLED I Rosen Childr n and Youth Adv. Brd. Reg Tenm expires 4/96 All tabled appointments w re left on the table. Commissioner Rosen tabled his appointment to the Childr n and Youth Advisory Board. - 2 - MINUTES - PlANNING AND l .ELOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 14, 1995 Chainman Lehnertz pointe out that if the City Commission approves a retroactive extension and a time ext nsion for an additional 16 months, regardless of what is detenmined by the EAR this project could still be build. Ms. Heyden con- curred that if there is n application in progress to construct a project, that parcel would not be iden ified as one that should be reevaluated. Mr. Kilday asked if the ity will reimburse his client the right-of-way that has been dedicated for Knuth Road if this project is turned down. Ms. Heyden did not know for certain, bu she guessed that the City would not. Mr. Kilday asked what wo ld happen to the church's approval, which was subject to this master plan, if his project is turned down. Ms. Heyden advised that their approval becomes n 11 and void. Motion Mr. Golden moved to rec end denial of the time extension for the Tara Oaks PUD and recommend that the C ty reevaluate the appropriate zoning for this parcel. Mr. Rosenstock seconded he motion which carried 6-1. Mr. Beasley cast the dissenting vote. 2. Project: Agent: Location: Ms. Heyden stated that M requested an indefinite their zoning/master plan consists of 120,000 squa foot bank and a little 0 projector, she displayed Knuth Road Pm Kieran Kilday Southwest corner of Knuth Road and Boynton Beach Boulevard Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption . Kilday and the property owner, Bill Winchester, ime extension for the Knuth Road PCD with respect to pproval and concurrency exemption. The master plan feet of retail with two outparcels, a 5,400 square r 6,000 square foot restaurant. Using the overhead n overlay of the most recent master plan. Description: On December 18, 1990, th Commission approved a land use element amendment (from the County's Commercial category to the City's Local Retail Commercial cate- gory) and rezoning (from gricultural Residential to PCD, with a specific master plan). The approva~ incl ded concurrency exemption for traffic and drainage. On June 16, 1992, the C ission granted a one-year time extension, which expired on June 17, 1993. This is the only time extension that has been filed on this piece of propert , prior to the current request. On June 2, 1992, the C ssion approved a master plan modification which included replacing the 6, 68 square foot outparcel restaurant with a service station. To accommodate he increase in traffic, they had to decrease the size of the bank outparcel fr 5,400 square feet to 4,500 square feet. The total square footage of the pro ect remained at 120,000 square feet. At that time, - 7 - '\ MINUTES - PLANNING AND ctELOPMENT BOARD MEETINI BOYNTON BEACH, FLORIDA MARCH 14, 1995 the Commission also app oved a preliminary plat and site plan for the gas sta- tion, which has expired. This approval was granted under the previous service station regulations. T e property did not meet the new service station cri- teria, therefore, this spect of the 1992 master plan modification is no longer valid. The applicant i now requesting approval of the service station. On April 8, 1993, the C ission approved a master plan modification for the Tara Oaks PUD which split the burden of constructing Knuth Road between this project and Tara Oaks. The Code states that re uests for time extensions may be filed not later than 60 days after the expirati n of the certificate or exemption, and that the exten- sion not be granted for ore than one year. Ms. Heyden advised that the project meets the current drainage requirements, but does not meet the curre t traffic requirements. There is a traffic level of service problem with Ga eway Boulevard between Congress Avenue and Military Trail. That link is no scheduled to be improved until fiscal year 1996/97. Therefore, if a develo nt order is issued, it would have to meet concurrency and they could receive ad impact fee credit for the road construction. The only other option would e to phase the project. The phase limitation is 75,700 square feet of retail ( ,361 daily trips). The applicant is reques ing that since the Boynton Beach Boulevard PCD also has the same phasing requir ent, the City allow the 3,600 trips to be transferred to one piece of propert so that, depending on which project comes first, no projects would be del aye . However, the County indicated that this would not be a 11 owed. With regard to phasing, s. Heyden stated that staff recommends that the square footage restriction be p aced on the approval of the project and added to staff comments. Also, this wo ld include reevaluating the traffic situation when the outparcels come in becau e there are different generation rates for different kinds of uses. The Commission can eithe extend the zoning for a year or an indefinite period of time, or instruct the City Manager to file an application to rezone it. Staff will be looking at this piece of property as part of the EAR to detenmine whether or not the land se is still appropriate. . Ms. Heyden advised that he applicant believes a time extenion is warranted due to the various improveme ts made on the property. The TRC recommended a ti e extension be granted for a specific period of time that would expire on Jun 18, 1996. It seemed to Mr. Golden hat the City would be putting itself in a potential legal bind if a service tation was allowed and a retroactive time extension was approved. - 8 - MINUTES - PLANNING AND ... _IElOPMENT BOARD MEETING BOYNTON BEACH, FLORIDA MARCH 14, 1995 Mr. Kilday stated that b th of these planned commercial developments were in the County and annexed into he City at the time of their approval in 1990. They are located on Boynton Bach Boulevard. The land uses to the north and around them are primarily comme cial. They have been contributing to the commercial tax base of the City and they can contribute much more if they had buildings on them. With regard to th traffic issue, while the owner was not required to address concurrency in 1 89, he was required to address it in 1995, which resulted in the phasing equirement. In most cases, the immediate links have improved since the time f approval. Gateway is a two-lane road and it has a capacity of 13,400 trips It is running about 16,000 trips right now. It is on the five-year plan and i scheduled for fiscal year 1996/97 for approval. With the phasing requirement, it meets all current concurrency standards. With regard to the servi e station, there is a contract for a single use on the site that prompted these extensions to come forward. The service station was approved as part of the lanned commercial development. If the extension is granted, but the service station is denied, Mr. Kilday was not sure if there will be a project. Mr. Rosenstock asked wha other contracts exist for the development of this property. Mr. Kilday ad ised that the only contract is for the service station. However, there is a lett r of intent with regard to the next project. Mr. Rosenstock asked whe this project will go forward, if approved. Mr. Kilday thinks the service stati n will probably go forward within the next two months. Mr. Rosenstock felt the ast thing the City needs is another service station. Mr. Golden and Chainman ehnertz were opposed to this request. Chainman Lehnertz said his commen s regarding the previous agenda item also apply to this request. He pointed out that one of the justifications for asking for this extension is the fact th t there has been ongoing work by the applicant. Yet, staff's report indicates that the only thing they did was receive a master plan modification on June 2, 992, and a minor amendment to the master plan, obvi- ously prior to the expir tion of this particular master plan. This did not appear to Chainman Lehne tz like there has been a great deal of work and effort put into this. He said r. Kilday pointed out that developing these projects would add to the City's ax base. Chainman Lehnertz did not think the develop- ment of any kind of prop rty within the City that has a tax base is going to reduce taxes. Mr. Beasley was in favor of this request. He stated that it takes time to put a development together. He pointed out that the project has already been approved and he did not hink it should be denied just so that the City can revisit the entire proje t. Mr. Rosenstock stated that this area is constantly changing. He did not fe 1 a City should be denied the ability to review a par- ticular project that has failed to be built in a number of years. He felt if you receive a penmit, yo should use it. If you do not, you should reapply. He felt it was incumbent up n the Board to abide by the dynamics of the City's current prOblems and Cod s. - 9 - \ MINUTES - PLANNING AND ..VELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 14. 1995 Mr. Golden pointed out hat this is not like a typical site plan extension where zoning is in place and he applicant is seeking an extension for something that was allowed by right. e stated that this was not compelling and there was a lot of time. Mr. Reitz concurred wit Mr. Golden and Mr. Rosenstock. He expressed concern about this resurfacing ust because there is interest in the gas station. He also expressed concern bout the viability of the entire project. He recom- mended reapproaching th s from a rezoning perspective. Mr. Beasley stated that it takes a long time to fill that much retail space. He felt denial of the exte sion would take away the applicant's ability to nego- tiate with potential cl ents. Mr. Reitz stated that i this extension was approved from a speculation perspec- tive, this would have a detrimental effect on the other centers in the area that are not 100 percent fil ed. He would like to see more of an overall plan put in place. Motion Vice Chainman Dube move to disapprove any type of an extension on the Knuth Road PCD for zoning/mas er plan approval and concurrency exemption. Mr. Reitz seconded the motion. At Mr. Golden's suggest on, Vice'Chainman Dube amended his motion to include the recommendation that the City Commission direct the City Manager to file an application for a more estricted zoning category until the property has been further evaluated, and hat the appropriate zoning be reevaluated at the time of the Evaluation Appraisal Report. Mr. Reitz agreed to this amendment. The motion carried 6-1. Mr. Beasley cast the dissenting vote. Boynton Beach Boulevard PCD Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption Ms. Heyden advised that this project received its land use change and rezoning to current master plan i December of 1990. With that approval was a con- currency exemption for raffic and drainage. There was one time extension prior to this one. The same s ctions of the Code dealing with time extensions that apply to the previous re uests apply to this request. This project meets the current drainage require ents; however, it does not meet the current traffic requirements. Therefore, staff requested that traffic 1nfonmation be turned in. Gateway Boulevard again ame up as a problem link between Congress 3. Project: Agent: Location: Descriptio - 10 - MINUTES OF ..E PLANNING AND DEVELOPMENT BOAkw MEETING HELD IN C ISSION CHAMBERS. CITY HALL. BOYNTON BEACH. FLORIDA. ON TUESDAY. FEBRUARY 14. 1995. AT 7:00 P. M. PRESENT Gary Lehnertz, Chainman Stanley Dube, Vice Chai an Jim Golden Maurice Rosenstock Thomas Walsh Bradley Weigle Pat Frazier, Alternate ABSENT Thomas Walsh 1. PLEDGE OF ALLEGIANt Tambri Heyden, Planning and Zoning Director Michael Haag, Zoning and Site Development Administrator Leonard Rubin, Assistant City Attorney 00 ~ @rno \'II ~ ,,....-.,,. n'i : I ,,' ., ' Jrl I ...:;; II ;_~.... .1 '\ ;..... : , i I '. - PLI~j,~ l'~ j j\iG f\!'~ D .zOl'm~G D[Pl ~.~, Chainman Lehnertz called the meeting to order at 7:08 P. M. The Pledge of Allegiance to the Flag w s recited. 2. INTRODUCTION OF MAY . COMMISSIONERS. AND BOARD MEMBERS Chainman Lehnertz welcom d everyone to the meeting and introduced the Board mem- bers and Attorney Rubin. Mr. Rosenstock was not yet present. 3. AGENDA APPROVAL Via a letter dated Febru ry 14, 1995, Kilday & Associates, Inc. requested that Items 7.0.1, 7.0..2, and .0.3 be postponed until the March 14, 1995 Planning and Development Board meetin to allow additional time for their Traffic Engineer to address concerns raised y the Palm Beach County Traffic Division. Motion Per the applicant's requ st, Vice Chainman Dube moved to continue the time extensions on the Tara 0 ks PUD, the Knuth Road PCD, and the Boynton Beach Boulevard PCD until the arch 14, 1995 Planning and Development Board meeting. Mr. Golden seconded the otion, which carried 6-0. Motion Mr. Weigle moved to appr ve the agenda as amended. Vice Chainman Dube seconded the motion, which carrie 6-0. 4. APPROVAL OF MINUTES Motion Vice Chainman Dube moved to approve the January 31, 1995 minutes of the Special Meeting of the Planning nd Development Board. Mr. Golden seconded the motion, which carried 6-0. - 1 - MINUTES - PLANNING AND D tELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA 2. Project: Agent: Location: Description FEBRUARY 14. 1995 Knuth Road PCD Ki eran Kil day Southwest corner of Knuth Road and Boynton Beach Boulevard Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption At the request of Kilday & Associates, Inc., this item was postponed until the March 14, 1995 Planning nd Development Board meeting. 3. Project: Agent: Location: Boynton Beach Boulevard PCD Kieran Kilday South side of the intersection of Boynton Beach Boulevard and Winchester Park Boulevard Request for approval of an 18 month retroactive and an indefinite time extension for zoning/master plan approval and concurrency exemption At the request of Kilday & Associates, Inc., this item was postponed until the March 14, 1995 Planning nd Development Board meeting. Description E. Other None. 8. COMMENTS BY MEMBERS A. Chainman Lehnert · Appointment to the Pal. Beach County Okeeheelee Advi SOl"y Board Vice Chainman Dube congr tulated Chainman Lehnertz on being appointed last week to the Palm Beach County Okeeheelee Advisory Board. Chairman Lehnertz thanked him. He advised that this Board deals with matters regarding Okeeheelee County Park. B. Time Extensions Mr. Rosenstock asked abo t the policy regarding time extensions. He expressed concern about granting e tensions for more than a year. Ms. Heyden stated that t e City Commission has not been consistent in granting extensions. She stated hat a lot of weight is placed on how promising projects look. She personnally h s a problem with granting retroactive extensions that involve a concurrency ex ption. C. Melaleuca Mulch Chairman Lehnertz notice mulch. He greatly appre mendations on a regular staff has been recommending the use of Melaleuca that. He asked if staff would make those recom- - 13 -