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LEGAL APPROVAL MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FlOR~DA JUNE 11, 1996 Ms. Heyden reported on the City Commission action as follows: Conditional Use for St. Joseoh's Episcopal Church and School - Approved subject to this board's recommendation regarding screening of the air conditioning units and of the existing units on the gymnasium. Hills at lake Eden PUD Chanae in Zonina Conditions - Denied. land Use Amendment/Rezoning for Bovnton Beach CDC - Approved subject to this board's recommendation regarding height and zoning reversion when the use is discontinued. Site Plan for Nautlca Sound - Approved subject to the recommendations made by this board. With regard'to signage, sign area is interpreted by calculating the individual letters. Knuth Road PCD Service Station Site Plan - Approved subject to staff comments and recommendations of this board regarding cross access to the adjacent parcel. Bovnton Beach Mall DeDartment Store F - Approved subject to staff comments. The City Commission decided that the variance granted in the 1980s applied to the new parking area; therefore, no wheel stops will be required, With regard to the height of the entrance feature, the City Attorney determined that the applicant is eligible to apply for a height exception. That is currently in progress. With regard to the comments relative to landscaping, there were minor changes. Vlnlnas Phase II - Approved subject to staff comments. Two Ordinances: 1. environmental Regulations. Adopted 2. Drive-through window change to Community Design Plan - Approved on second reading with two minor changes. Ms. Heyden advised that there will be a speciaJ Planning and Development Board meeting on Tuesday, June 25, 1996. In response to Chairman Dube's question, Ms. Heyden advised that medical offices are going into the facility located at the southwest corner of Woolbright Road and Congress Avenue (old Glendale Federal Bank building). 2 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 assistance of the sign companies in the evaluation. He will bring back recommendations to the Commission, A consensus was reached by the Commission. B. PROJECT NAME: PapaJohn's................... ........ ...........................,.. ..........,. TAB LED APPLICANT REQUESTED TO BE TABLED UNTIL NOVEMBER 21, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa johns USA LOCATION: Northeast corner of N.W. 7th Court and Boynton Beach Boulevard DESCRIPTION: LANDSCAPE APPEAL: Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars. This item will remain on the table. C. PROJECT NAME:, PapaJohn's..................................................................... T ARLED APPLICANT REQUESTED TO BE TABLED UNTIL NOVEMBER 21, 1995 AGENT: Interplan Practice, Ltd. OWNER: Papa johns USA LOCATION: Northeast corner of N,W. 7th Court and Boynton Beach Boulevard DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a 1,142 square foot take-out pizza store on .22 acres This item will remain on the table. ~ D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRI PTION: TaraOaksPUD.......... .............. ....................... ................ TAB lED Kilday and Associates Bill Ray Winchester Northeast comer of Woolbright Road and Knuth Road extended Request for approval to modify the previously-approved master plan to change access points, recreational amenities, unit type from apartments to town houses and use acreage City Manager Parker advised that at the last meeting, there was a debate about the road closure of SW Congress Boulevard. The applicant has researched this issue and located a stipulated order from DCA that was made part of the record with the map that was referenced at the earlier meeting showing the road closure that was sent up to DCA. That map indicated the open space to be located just north of the north right-af-way line of SW Congress Boulevard. The applicant was notified this morning that it was staff's intention to recommend that since there was a stipulated order from DCA, the back portion of the open space area is 23 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 to be limited to recreation facilities, open space and water management tracts, Currently, the site plan shows a 12-unit building in that area considered by staff to be a problem. The applicant has not had the opportunity to relocate that building on site. They would like to switch the location of the pool into the open space area and see if they can still fit the 12-unit building in the remaining site area. At this point, the total unit count is not available, nor is there a density number for this project. Mayor Taylor said he researched the issue of the road closure, His concerns have been satisfied, and he does not have a problem with the road not going through. He does, however, have a concern relative to the number of units. Kieran Kilday, agent for the applicant, said the number is the same that was previously approved. Before addressing this issue, Mr. Kilday confirmed for the residents in the audience that there was Commission consensus that the road will be terminated at its current termination. Mr. Kilday said that over the last two week period, the applicant has been trying to work out the issues that were still outstanding. The issue which was worked on the most was' the extension of the road. When DCA provided the information relative to the roadway termination, they also provided information on the staff report from DCA. There was a specific requirement that a portion of the site (south of SW Congress Blvd, extended) shall be limited to recreation facilities, open space, water management tract and churches, Using the plan for the Pulte project, Mr, Kilday showed the location of one of the buildings which was 13' south and extended the right-of-way line into the area prohibited by the DCA. A modification was made to the plan to remove the building from south of the right-of-way, However, in going through the plans, at the time the road was terminated in 1990, and having buildings north of the right-of-way, an adjuatment was made which has filled in the right-of-way with extension of the green space to the north. This is noted on the approved plan of record, The applicant's request was to modify the plan to the literal wording of DCA. In meeting with staff over the last three days, they still had a concern that although it was not a verbal requirement, there was an intent, and if the applicant's cul-de-sac issue was going to be honored, they wanted the right-of-way space to be used for open space, recreation or water management tracts, In discussions with staff earlier this evening, the applicant will move the building and any other residential buildings out of the right-of-way, In order to do that, they will have to submit a revised plan. In doing this, they will probably switch buildings so that recreation is clustered together. He will do everything he can to accommodate the plan to keep the 192 units. There is a possibility that a couple of units will be dropped if they do not fit. However, Mr. Kilday did not feel this issue was significant enough to delay a finding of no significance. 24 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 One additional unit was the recreation area. Initially, the applicant included a cabana with a pool area, a sand volleyball court, a jogging trail, a picnic area. It was brought to the applicant's attention that there was a desire to have a meeting room, When the size of the meeting room was discussed, the applicant requested that an 800 square foot meeting room be built. Because the Code requires that a 1,500 square foot meeting room, the applicant offered a half basketball court. Staff requested more, and the applicant has now offered a full basketball. The applicant is now providing six amenities - five that meet the standards, and the 800 square foot meeting room. Tambri Heyden, ~lanning~&-.Zoning_Dkector, referred to Page 1 of Planning & Zoning Memorandum No, 95-541 dated September 26, 1995. The minimum living space of the project on the smallest unit is 913 square feet, and the largest is 1,082 square feet. In addition, the lot area for the end units is 1,260 square feet, and 1050 square feet for interior units. The concept with this project is that the unit would be conveyed, the property under the unit would be conveyed and additional property outside the unit would be conveyed, but not the public parking spaces. Exhibit liE" of the staff report compares other townhouse projedS in the City including Quail Run Villas, Cedar Ridge Estates, and lakeview at Boynton Beach. The lot areas range from 2,150 square feet to 3,000 square feet. This chart indudes townhouses because they are projects where the unit has been conveyed, the property under the unit is conveyed and land outside the unit is conveyed with two parking spaces, Ms. Heyden has determined that parking is required to be on a townhouse lot. Some units in the City have been approved which fall somewhere between condos and townhouse units. In those units, no parking was conveyed. Staff has a problem with this project because the lots are very small, do not include parking and the units are very small. Motion Mayor Pro Tem Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Vice Mayor Bradley said he has been on the record from the start about the densities for this project. He believes the market drives development. Part of the problem is that this is a PU D and the densities are not in place. It is the responsibility of the Commission to make sure the best possible development is achieved. He is concerned about the parking spaces. When parking in a clustered parking area, residents might not be able to find a place to park. He feels the Commission should ensure that the footprints of these townhomes have parking spaces in front of them. 25 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 In response to a question from Commissioner Jaskiewicz, Mr. Kilday advised that there is additional guest parking at the clubhouse, Mr, Kilday displayed an elevation of the units proposed, He said this is a typical townhouse project. The parking is distributed evenly between the units, but there is no way to have the parking directly opposite the unit. A townhome to the applicant is a look and an ability to fee simple the land under the unit. This project is similar to Wellesley, Chalet IV, and Meadows 300, There have been no parking problems in those projects. Vice Mayor Bradley feels the conveyance of parking would be an enhancement, and he sees a benefit for safety and convenience. Mr. Kilday feels each project must be looked at separately, This project has an approval for garden apartments with similar parking. The applicant has taken the plan and bumped it up a level. Mayor Pro Tern Matson said that when you look at the previous approval, which was for apartments, and you compare it to a fee simple unit, it is semantics. The City should not be putting restrictions on it because the applicant chose to call it a townhouse. She feels this project will be wonderful for a single person or a young couple buying their first home at a lower price. She feels this is a golden opportunity, and she would have a problem with punishing the developer because he upscaled the project. There is no problem with health or safety. Vice Mayor Bradley feels this is the same type of discussion the Commission had with Nautica Sound. That developer finally understood and increased the size of the units and decreased the number of units. Commissioner Jaskiewicz questioned whether or not the possibility exists for reducing the number of units. Mr. Kilday responded affirmatively, but stated that he would not want to mislead the Commission at this point. Commissioner Jaskiewicz pointed out that the Commission already approved this number of units, and previously discussed the fact that it would prefer ownership over rental units. In Vice Mayor Bradley's opinion, this is a substantial change. Mayor Taylor referred to staff's comments on the turn lanes. Mr. Kilday said they have no problems with the turn lanes. All of the conditions in the staff comments have been agreed to with the exception of four issues, Three of those issues have been addressed and the remaining issue involves the use of a Knox Box for emergency access, The applicant has met 26 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 with the Police Department and they have indicated that they would revise their memorandum, Therefore, he believes this issue is resolved. Vice Mayor Bradley said home ownership is generally viewed as an improvement to rentals. From a tax base standpoint, the City would be better off with upper scale rental units, The $25,000 homestead exemption will reduce the tax rate that this kind of project benefits the City. Mr. Kilday pointed out that an upper scale rental unit will probably will not be built because the same issues relative to amenities, shape and space control the property. Considering the surrounding land uses, this project fits well in this area. In Commissioner Jaskiewicz' opinion, the consumer for this project will probably be a single working person. She does not imagine that more than one parking space would be necessary, Motion Vice Mayor Bradley moved to find Tara Oaks a substantial change. THE MOTION DIED FOR LACK OF A SECOND. Motion Mayor Pro Tem Matson moved to approve Tara Oaks PUD located at the northeast corner of Woolbright Road and Knuth Road, to approve the request for approval to modify the previously-approved master plan to change access points, recreational amenities, unit type from apartments to townhouses and use acreage and that SW Congress Boulevard will terminate in the cul-de-sac subject to the comments this evening about recreation. Commissioner Jaskiewicz seconded the motion. Commissioner Jaskiewicz questioned whether or not Knuth Road will be completed at the time this project is being built. Mr. Kilday responded that Mr. Winchester has agreed to enter into an agreement with Pulte so that the road will be built all at one time, Commissioner Rosen said the Commission is concerned about densities and has asked developers to go back and work on it and return to the Commission. Attorney Cherof reminded the Commission that this issue is limited to a determination of substantial or nonsubstantial change. He read that section of the Code. In addition, Attorney Cherof questioned whether or not there was any attempt to submit modified unified control documents. Mr. Kilday said the modified documents will be submitted. He does not believe there are any documents in the City's files at present. 27 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 Attorney Cherof explained that there is a history with this project of leaving a meeting and not having a document to hand to the Clerk so that the City knows what document has been approved. Tonight's motion makes no reference to such a document. Mr. Kilday provided a reference which was his plan of Kilday & Associates Plan #95-34 with the last revision date of 8/31/95. He will provide a copy of that plan which is now mounted on hard board, and it will be subject to the applicant submitting a site plan showing the new changes including the recreation relocation and further conditions, Mayor Pro Tern Matson requested that this Plan #95-34 become part of her motion. City Manager Parker advised that in addition to the agreement with Mr, Winchester for construction of the road, the County Traffic Engineer has indicated they have some concerns. The City supported the Winchester request to submit to the County a request for credit of the impact fees on Knuth Road, Mr. Walker has indicated that he is not necessarily in agreement with that and is requesting,that the City come back with a stronger approval that he would like the City and the County to enter into a interlocal regarding construction of this road to demonstrate that in the future, when the City goes to the County with possible road situations in the area, he can say provide a history of the road in the area. The City will still have to do something in addition to the action portrayed by Mr, Winchester tonight. Commissioner Jaskiewicz questioned the motion could incorporate that when 50 percent of the project is completed, no permits would be issued for the final 50 percent until the road is completed. Mr. Kilday requested that a correction be made to the record. He stated that the last revision made was 11/6/95, and he will submit it. Mayor Pro Tem Matson requested that the motion be changed to incorporate this correction by Mr. Kilday. Mayor Taylor questioned whether or not the road will be built. Mr. Kilday said the road will be built. The issue was a funding issue. However, if that issue is not resolved, the project will not be built, Therefore, this can be a condition of the project approval. Vice Mayor Bradley feels it is the Commission's responsibility to check the density of projects, There is good reason for this to be considered a substantial change, and the main reason is the shift from rental to owner occupied. He will not support this project. Bill Hukill, Director of Development, expressed discomfort with the Commission approving a drawing which was revised yesterday that no one has seen. He feels Mr. Kilday should go 28 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA NOVEMBER 7, 1995 back to his first Plan dated 8/31/95 (which was previously dated for July). That revision has been seen by the Commission. He feels that plan (8/31/95) should be used subject to the conditions discussed tonight. Mr. Kilday agreed with Mr. Hukill's remarks. Mayor Pro Tern Matson requested that her motion be changed to include the remarks made by Mr. Hukill and agreed to by Mr. Kilday. Vice Mayor Bradley feels that by approving this project, all of the progress made at Nautica Sound will be wiped out. Although Mayor Taylor agreed with Vice Mayor Bradley in part, the area surrounding this project does not support much else. The motion carried 3-1. (Vice Mayor Bradley and Commissioner Rosen cast the dissenting votes.) IX. NEW BUSINESS: A. Items for discussion by Commissioner Sid Rosen 1. Joint workshop meeting with C.O.B.W.R.A. X. LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 095-28 RE: land Use Amendment - lake Worth Christian SchooL....................................... TABLED UNTIL NOVEMBER 21,1995 RECOMMEND CITY COMMISSION DELETE FROM AGENDA 2. Proposed Ordinance No. 095-29 RE: Rezoning - lake Worth Christian School..................................................... . TAB LED UNTIL NOVEMBER 21, 1995 RECOMMEND CITY COMMISSION DELETE FROM AGENDA 29 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 proposed a hedge along the pari meter of the parking area where it is visible from any adjacent street. However, in lieu of putting a hedge around this area where we feel it will obstruct someone who wants to park there and walk over to the top lot, or park there and walk down to any of the play courts, we are proposing to do berming and landscaping around the perimeter of the site, including landscaping around the perimeter of the recreation amenities. Staff is willing to work with us to take credit for the perimeter buffering as opposed to providing a hedge directly adjacent to and around the parking area. No one in the audience wished to address this development plan. The Commission had no problem with the first and third issue. Mayor Taylor's only concem with the second issue (the sign) is that it sounded to him like we are changing the rules, depending on the sign, He pointed out that this does not seem to be consistent with the city's goal to look at the signage in the city to bring it to some conformity. He asked if the proposed sign is within code. Ms. Heyden stated that everything is within code, except the sign area. Commissioner Titcomb felt this is a very different application than a pole or monument sign. It is an entry wall type treatment, and he was in favor of adding a provision to the code to allow this type of signage. He did not think this visually affronts our sign code as it now stands, The sign looked huge to Mayor Taylor. Ms, Walter pointed out that Palm Beach County differentiates between point of purchase signs and entry wall signs in their code. Motion Vice Mayor Jaskiewicz moved to approve the request for site plan approval of private recreation, common area landscaping, and project signage tor a 424 unit, single-family residential PUD, as presented by the applicant. Commissioner Tillman seconded the motion, which carried 5-0, C. Project: Agent: Applicant: Owner: Knuth Road PCD Service Station Kieran Kilday - Kilday and Associates, Inc Andrews & Copans Gas & Oil Company, Inc. Bill R. Winchester, Elsie A. Winchester individually, Elsie A. Winchester as Trustee, Ruby A. Winchester, The Winchester Family Partnership, Ltd. 51 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY21,1996 Location: Southwest corner of Boynton Beach Boulevard and Knuth Road DESCRIPTION: NEW SITE PLAN: Request for site plan approval to construct a convenience store with gasoline sales and car wash on 1 ,13 acres Colleen Walter of Kilday Associates represented Andrews & Copans Oil Company, the comract purchasers of the service station outparcel at Knuth Road PCD. The previously approved master plan is tied with the zoning approval. Previously, a food mart with a connected canopy was approved as part of the rezoning for the PCD. She sought final site plan approval for a redesign of the gas station layout as well as for the architecture and landscaping, This site received site plan approvafpreviously in 1990. We are proposing to reconfigure the layout so that the food mart and car wash are now connected with the pump islands oriented towards Knuth Road. Also, the landscape that is proposed exceeds code and is consistent with the past approval. This will be the first development parGel as part of the Knuth Road PCD. The balance of the project has not received final site plan approval as of yet. We have been working with staff and discussed at last week's Planning and Development Board meeting a revision to Condition 23 in regards to commitments made as part of an agreement between the property owner, Bill Winchester, and the adjacent Stonehaven Homeowners Association. We are proposing a revision to Condition 23, An agreement was made in June of 1990 between the property owners and Stonehaven and it tied in three projects which were going through approval at that time. They were the Knuth Road PCD, Boynton Beach Boulevard PCD, and Tara Oaks, which was a residential development. That agreement was recen'dy amended last week to clarify one of the requirements in that agreement specific to the Knuth Road PCD project. Buffer walls that were required to be constructed on the Stonehaven Homeowners Association were requested to buffer that project from Knuth Road. Knuth Road currently ends just south of Boynton Beach Boulevard. With the development of Tara Oaks recently, when you approved the modification for that site plan, there was a new condition imposed that the Tara Oaks Development would build Knuth Road from Woolbright Road to the L-25 Canal prior to their first Certificate of Occupancy. The condition goes on to say that the balance of Knuth Road will be built simultaneously with Tara Oaks and will be completed no later than 21 months after the issuance of the first CO. The agreement between Stonehaven and the property owners has been amended to state that the buffer walls that are required in this area win be constructed concurrent with the construction of Knuth Road. The intent was that these buffer walls would serve as a buffer from the traffic on the roadway as well as to provide security for that development. We have requested a change to the first part of Condition 23 to reflect that recently amended agreement which states that to comply with this agreement, all masonry buffer walls and associated landscaping 52 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 ieferenced shall be built as part of the project for the construction with the presently uncompleted segment of Knuth Road running north from the LWDD L-25 to its present terminus. The second part of that condition also refers back to verbiage in the original agreement in regards to installing signalization at Knuth Road and Boynton Beach Boulevard when warranted. At last week's meeting we cleared up the provision that the signalization would be installed when warranted. Obviously, signals have to meet specific warrant studies done by DOT in Palm Beach County. Even if we wanted to put one in, we could not if we did not meet their studies. There was a provision also put in regards to posting of a bond for that signal. As the site plan approval is for the gas station outparcel and for a contract purchaser, we would like to amend the bond provision to reflect that division which states that a bond shall be posted for the service station's pro rata cost of the signal, which is approximately 19 percent, based on the amount of traffic that the service station is generating versus the overall Knuth Road PCD. That bond will be posted at the time of the CO. The remainder of the shopping center will be responsible for posting the balance of the bond in a like manner. Ms. Walter said she talked to her traffic engineer and he indicated that the signal will not be warranted with the construction of the service station. If by chance the other outparcel, the bank, is built first, this signal will probably also not be warranted. The traffic engineer felt that the traffic generated by the balance of the commercial shopping center will warrant the signal. With regard to the masonry buffer wall, Ms. Heyden stated that the wording that is in her agenda memorandum of May 15th is right out of the Stonehaven agreement that we have on record that conditioned the rezoning. She was unaware of the new agreement that Ms. Walter presented to her today. This was an agreement that was done between Stonehaven and the applicant. She explained what that agreement did. Instead of tying the wall to this project, it ties the wall to the construction of Knuth Road, whenever that happens. The reason- that the applicant and Stonehaven entered into this revised agreement was to tie the buffer wall to the construction of Knuth Road, It seemed to Commissioner Bradley that it makes some sense from the standpoint of the person who is building the road, but it makes no sense from Stonehaven's standpoint. He pointed out that Stonehaven was so adamant about this wall going up. He could not believe that they have changed their mind, Ms. Heyden advised that Ms. Walter did not produce this revised 1995 agreement with Stonehaven until after the Planning and Development Board meeting; therefore, they did not have the benefit of seeing it. 53 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Roger Bennett from the homeowners association was present. Mayor Taylor asked him if it is his understanding that the wall is tied to the construction of Knuth Road or to the construction of the service station. Mr. Bennett stated that the original agreement was done in 1990. He thought it was all going to happen at one time. He understands now that they do not have to put a wall in for that service station, but the wall is tied into the construction of Knuth Road, which he understands will probably take place later this year. The wall has to go up at the same time the road goes through and before that road can open up, that wall has to be in place. The residents are satisfied with this. Vice Mayor Jaskiewicz asked if the residents are ready to accept the fact that they will not get that wall until Knuth Road is built. She pointed out that Knuth Road may not be built for 10 years. Mr. Bennett said we do not need that wall until Knuth Road is built. Mr. Hukill had a slightly different perspective. He was in complete agreement with Stonehaven's position; however, he thinks this is another case of the ball getting kicked around, Right now there is a condition on Tara Oaks, which has nothing to do with the service station, that their first COs cannot be issued until the road is constructed, which would precipitate the wall. However, Tara Oaks may never get built. If it does not get built, and this project does, then the developer will take the position that Knuth Road does not have to go through. The reatity is that the onus for the construction of Knuth Road to the first canal is on this PCD, not on this station. The responsibility for that road is slipping farther and farther away. He felt the best thing to do is to leave the wall as a condition of the building permit (the way Condition 23 is written). He has not yet seen the agreement between Mr. Winchester and the Tara Oaks people for the construction of that road. Mr. Bennett said he was told that there could not be a CO on any of the Tara Oaks unless the road went through. Mr. Hukill said that is assuming that Tara Oaks is built. Commissioner Bradley asked how the wall would benefit the situation for the road. Mr. Hukill said the wall would be some protection against the construction that is going to occur. He felt that the north part of Knuth Road will occur as this PCD at the north end develops. Having the wall there before all of this construction is better than having it there during the construction. Mr. Bennett did not think having the wall there prior to road construction is going to be good, They are going to connect drainage to one of our lakes. That means they are going to have to go under the road or through the road. They cannot do this with the wall in place; therefore, they would have to tear the wall down to do it. Also, the wall is going to be coming inside to match up with some gates. If that road is not there, it is going to be pretty hard to figure out what to do with the wall. 54 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Mr. Hukill felt that is an argument for doing it because that forces the issue of drainage and everything else that has to be settled. Ms. Walter clarified that Andrews & Copans Oil and Gas is the applicant, which is different than the owner. She was present tonight on behalf of the applicant. Regarding the status of Tara Oaks and Knuth Road, the construction plans for Knuth Road are being prepared. They are about 80 percent complete. Construction plans are being prepared for the entire link. Kiernan Kilday met with Charlie Walker from Palm Beach County Engineering last Thursday to discuss these construction plans and impact fee credits, which were also approved as part of the project. It is Ms. Walter's understanding that they are proceeding full speed ahead in getting those plans prepared. She also thinks they are working on rectifying their site plans or going through some of the follow-up approval processes from their last site plan approval for the Tara Oaks project. As far as she and Mr. Kilday know, that project is going forth. With regard to building the wall before the road. essentially, there is going to be construction activity to build the wall. There is then going to be construction activity to build the road. Obviously, the construction activity for the road is probably going to be much more active than for building a wall. You are going to have a situation of having two construction time frames versus one. Also, the wall will be located outside of the Knuth Road right-ot-way, Currently, there is landscape and a pump house tor Stonehaven that will have to be moved to allow tor that wall to be constructed. It would be better to wrap that all into one package and do all of those improvements at one time. She said from what it sounds like, the service station, if approved, is pretty much a done deal. They hope to be open very soon. Also, Tara Oaks and Knuth Road seem to be progressing expeditiously through the process. Vice Mayor Jaskiewicz felt the gas station would never have been approved without the public outcry from Stonehaven who wanted that wall. She thought they wanted the wall immediately. It was contingent upon them getting the wall and us approving the service station, which she strenuously objected to because it did not meet the criteria that we set forth for stations, Commissioner Bradley felt we should go ahead with the way it is and not change it. In light ot Mr. Hukill's points, he was in favor of the initial plan, With regard to the bond and traffic signal, Ms. Heyden felt it was odd that bonds are pro rata. Mr. Hukill felt the traffic that will generate the warrants for that light will come from the PCD and that is where the whole bond should be posted. Whether or not the service 55 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 station is required to pay a part of it is between the owner of the PCD and the service station. Our interest would be in getting a bond to pay for that signal as soon as it is warranted. Mayor Taylor asked if we normally require everyone to put up a bond in case a traffic light is needed some day. Commissioner Bradley asked if this was part of the original agreement. Ms. Heyden answered affirmatively to both questions. Ms. Walter stated that the bond requirement was not part of the original agreement. On behalf of the gas station, she said the balance of the center has yet to come through for site plan approval. Therefore, it cannot build until it does so, On behalf of the contract purchaser, she requested that we amend the condition to require the posting of the bond when the balance of the shopping center comes through for their site plan approval because hopefully that would mean that they are going forth to construct and, therefore, will be putting the traffic on the road that warrants the signal. Mayor Taylor inquired about the cost of a traffic signal. Ms. Walter estimated it to cost about $50,000. Mr. Hukill asked if Ms. Walter was suggesting that the bond be placed on the PCD. Ms. Walter answered affirmatively. She said it still has to come forth for site plan approval prior to any type of development. Mr. Hukill asked her if she is suggesting that the condition be eliminated. Mr. Walter answered affirmatively, She said it really applies more to the balance of the shopping center than to the gas station itself. The requirement is still part of the agreement between the property owner and Stonehaven. Therefore, the requirement is still there. Also, it was part of the original zoning approval. She said this condition to bond the signal is more applicable to the balance of the center than to the gas station. Mr. Hukill agreed to this. He thinks that is reasonable because that is the traffic that is going to generate the signal. Vice Mayor Jaskiewicz pointed out that the residents already feel that traffic hazards exist to a great extent and that they take their lives in their hands at the present time, even without the gas station. Mr, Hukill pointed out that they, will not put a light in if the warrants are not there, In response to Vice Mayor Jaskiewicz and Commissioner Bradley regarding Condition 23, Ms. Heyden advised that if the Commission wants to tie the wall to this project and 56 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 postpone the bond, then the last part of the sentence of reworded Condition 23 in her May 15th memo, after the semi colon, should be deleted. Motion Commissioner Bradley moved to approve the Knuth Road PCD Service Station site plan subject to staff comments. Vice Mayor Jaskiewicz seconded the motion. No one in the audience wished to speak on this development plan. With regard to the last sentence in the memo dated May 15th, which states that the Board recommends an additional comment that the cross access to the adjacent property to the west be relocated with the site plan approval of the property to the west, Commissioner Titcomb asked if this will come up under site plan approval. Mayor Taylor advised him that this is part of staff comments. The motion carried 5-0. D. PROJECT: AGENT: APPLICANT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Mall, Department Store F Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods & Goodyear DeBartolo Properties Management, Inc. Boynton-JCP Associates, Inc. Ltd., a Florida limited partnership 801 North Congress Avenue MAJOR SITE PLAN MODIFICATION: Request to amend the previously approved site plan to construct a 162,502 square foot department store with parking structure This item was dispensed with earlier in the meeting. E. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Vinings at Boynton Beach - Phase II eCL Consultants, Inc. Boynton Beach II Limited Partnership, a Florida limited partnership, and its assigns East side of S.W. 8th Street, approximately 1900 feet north of Woolbright MAJOR SITE PLAN MODIFICATION: Request to amend the previously approved site plan to increase the number of 57 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14, 1996 Ms. Heyden advised that she noted changes to Comments #3, 4, 5, 13, and 14. Mr. Wische concurred. Mr. Hill seconded the motion which carried unanil'llOUSly. 2. Project Name: Agent: Applicant: Owner: Location: Description: Knuth Road PCD Service Station Kieran KJday Kilday am Associates, Inc. Andre\NS & Copans Gas & Oil Company, Inc. Bill A. Winchester, Elsie A. Winchester individually, Elsie A. Winchester as Trustee, Ruby A Winchester, The Winchester Family Partnership, Ltd Southwest comer of Boynton Beach Boulevard and Knuth Road Request tJr site plan approval to construct a convenience store with gasoline sales and car wash on 1.13 aae5. Pauline Walter. Klldav & Associates. 1515 Forum Place. West Palm Beach. advised that there are several comments she would like to discuss with the board. The first comment, which is a potential addition item for the project is, as a pce, the Code permits the submission of a master sign program requesting signage for the development. The Knuth Road PCD was approved years ago. The applicant is now proposing of the first outparcel which is a gas statio,",', A master sign program was never submitted for this project. The applicant is now proposing two signs on the service station parcel. One of the signs will be a major monument sign at the comer, and a secondary directional sign at the proposed entrance off Knuth Road. Pursuant to the Code, because this is one parcel without an approved master sign program, the a~icant is only allowed one sign, The master sign program was submitted to staff and they have not had an opportunity to review it in detail, The applicant is hopeful the review will occur prior to the City Commission meeting. Ms. Walter explained that the applicant is proposing a cofTllRhensive sign program for the center, There is a developer, a contract for sale and the project engineer is working on the plans for1l1e gas station. The balance of the site does not have a tenant or user at this time. However, the applicant has organized a consistent sign elevation, proposed sign square footages and height, and the gas station will comply with the sign code as well as future development on the parcel. The applicant is proposing three main entry signs at !~e main entries to the commercial center. One sign will be located at the main entrance off Boynton Beach Boulevard, one off the northern entrance on Knuth Road, and one at the southern entrance on Knuth Road. These signs are proposed at a 20' height. The applicant has reviewed all of the signs that exist on the surrounding three corners. It is believed that all of those signs were put in through Palm Beach County, arx:f they range in height from 25' to 35'. In addition, the developer is proposing a secondary sign for each of the outparcels (a financial institution and the gas station). The gas station sign will be 12' in height, and the financial institution sign will be 1 O' in height. Each of the signs will be located on the individual parcels. 12 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14, 1996 At this point, Ms. Heyden advised the members that this master sign program will not be going to the City Commission next Tuesday because staff does not have the time to review it. This package requires TRC review. Since the Commission will not be receiving this request next Tuesday, the board decided to terminate the presentation on the master sign program. Chairman Dube noted that the dumpster enclosure is only 10'. Two dumpsters cannot be accommodated in that area. He reminded staff that they were supposed to be making certain that all enclosures would be wide enough to accommodate two dumpsters, Ms, Walter advised that the applicant has a condition relative to the dumpster enclosure, and they agree to widen it. Ms. Heyden said staff is working on a recycling ordinance, but it not yet complete, However, staff works with developers to include dumpster enclosures to accommodate two dumpsters, Planning & Zoning Comment #23 (a) and (b) - With regard to Comment #23a, Ms. Walter advised that there is an agreement with this property and the adjacent property owners to construct a buffer wall. The way the condition is worded, it would require that buffer wall to be completed prior to issuance of a building permit. The applicant would like to construct the buffer wall concurrent with the construction of the gas station. The developers will be working with representatives of the homeowners' association between this meeting and the City Commission meeting to try to arrive at an agreement on this issue, Ms, Heyden advised that this was a condition of the PCD rezoning which was promulgated based on a public hearing. A large number of homeowners from the Stonehaven Homeowners' Association attended the public hearing, and a joint agreement exists. Ms, Heyden would be hesitant to change this condition, The wording in the comment comes directly from the zoning conditions. Mr, Rosenstock recommended that the wall be built as stated. Ms. Heyden agreed to check the language, and if it is misstated, the comment will be changed. Comment 33b - This comment is in regard to the installation of a traffic light. The way the condition is written, it is inconsistent with the agreement and how government puts in traffic lights, The State and County require warrant studies and they have to warrant that the traffic signal is needed before it is built. The developer cannot agree to build it if the County has not warranted it. However, Ms. Walter stipulated to build it if the County asks the developer to do so, She advised that they are required to build it by the settlement agreement Mr. Aguila noted that on the southwest comer ofltle property, there is an indication of future parking. He has a problem with that because of the possibility of access to the financial institution and the associated traffic activity in the center, Mr. Aguila would support this petition with that area closed off, as shown on the landscaping plan. Ms. Walter explained that it is consistent with the currently approved master plan for the Knuth Road 13 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14,1996 PC D, and has been on the plan since the original approval. The intention is to provide as much cross access between the uses on the site to discourage people from driving out on Bayman Beach Boulevard and Knuth Road. Mr, Aguila agrees with the concept, but feels there is too much going on in that smal corner. It is an unsafe situation. Ms. Walter agreed to look at this situation, Chairman Dubs expressed the same concern as Mr. Aguila because of the stacking. Comment #13 addresses moving that stacking. Ms. Walter is in agreement with that condition. In response to Mr. Aguila's question about what can be done to address his concern, Ms. Heyden said there is no other alternative for cross access. If the board recommends that it not be provided, there will be no cross access, Mr, Aguila referred to one of the maps distributed with the master sign program and pointed out that the length of the island on the ingress/egress on Knuth Road is much longer than the isla1d shown on the gas station. If the island is as short as the ooe on the gas station, a left turn could be made into the gas station. Ms. Heyden questioned whether or not the applicam feels the cross access serves a purpose. Ms. Walter responded affirmatively, and stated the applicant would like to keep it. It is consistent with the currently approved plan. The cross access internally keeps traffic off the roads externally. In response to Vice Chairman Golden's question, Ms. Heyden confirmed that only the gas station has been approved, Anything wrapping around the gas station parcel can change, Ms. Walter said the balance of the project will come back at some time in the future for site plan review. It is conceivable that the parking area can be significantly redesigned. These comments will be given consideration, CHAIRMAN DUBE ANNOUNCED THAT THE BOARD WOULD ACCEPT INPUT FROM THE AUDIENCE. ~ Pat Booth. a resident of Banvan Creek. said he does not see the border walls being conslructed as the development is coming in, One piece of property was cleared and demucked, and it is holding a high concentration of water. No wall has been constructed, This is happening against the agreement with the homeowners' association. Ms. Heyden reviewed the agreement. With regard to the traffic light, governmental jurisdiction is included. Therefore, Ms. Heyden agreed with Ms. Walter's comments relative to timing and warrants. As far as the construction of the masonry wall, it must be done simultaneously with site preparation and prior to commencement of any construction of the buildings. Vice Chairman Golden intetprets that to mean that the developer can get a clearing permit, but not a building permit. Mr. Aguila agreed that prior to the issuance of the very first building permit, the wall must be constructed. 14 -----------~----- MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 14, 1996 Motion Mr. Wische moved, on the request for site plan approval to construct a convenience store with gasoline sales and car wash on 1.13 acres, subject to staff comments that were agreed upon and discussed this evening. Mr, Aguila seconded the motion. Vice Chairman Golden said he will vote against this because he has a problem with this entire project that goes back to the way it was rezoned. Mr. Rosenstock concurred. The motion carried 4-3, (Vice Chairman Golden and Messrs. Elsner and Rosenstock cast the dissenting votes.) Maior Site Plan Modification 3. Project Name: Boynton Beach Mall Department Store F Cormac C, Conahan, Esq. Hodgson, Russ, Andrews, Woods & Goodyear DeBartolo Properties Management, Inc. Boynton-JCP Associates, Inc, Ltd., a Florida limited partnership , 801 North Congress Avenue Request to amend the previously-approved site plan to construct a 162,502 square foot department store with parking structure. Agent: Applicant: Owner: Location: Description: At Chairman Dutle's request, Mr, Haag used the overhead projector to display the site plan showing the proposed department store and parking structure. Mac Conahan. Attornev Dracticina in Boca Raton. Florida. and Rod Bosler. Senior Proiect Enaineer. were present on behalf of the petitioner. Mr, Conahan explained that the proposal tonight is to place a sixth department store at the site. This is essentially the first proposal that was presented in 1985, and approved in a development order in 1991, In 1991, the proposal for the sixth department store was shelved, Sears, which was proposed for the sixth department store, moved into the area vacated by Jordan Marsh. At this time, a store is interested in coming into the Boynton Beach Mall, and everything looks positive to add another anchor tenant. With regard to the issue of the preservation area, the 1985 proposal, which ended in 1989, did not preserve the trees. After years of appeals, a compromise was made to preserve the trees. The applicant is not proposing any changes to the agreement made in 1991 with respect to the preservation. The applicant has had the final form of the comments for only 18 hours, Comments 3, 11, 41 , 50 and 54 address the parking deck. Meetings were held today with City staff to address technical issues related to the ramps, and sizing issues. Mr. Conahan requested leaving these issues for further discussions with staff prior to the City Commission meeting. He believes the items can be worked out that deal with internal configuration of the deck. Those items should not affect site plan issues. 15 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15,1995 e 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 Tern 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. e 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 traf:tic 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, Project Name: " Ag~ Owner. Location: Description: \ ~- LoDol~e'Warehouse ...-"...0 "" ..... George C. Davis, Arcbitect ,_ / Charles J. LoOatce" Lot 10, Lawson Industrial Park (S.W. 14th Place) New Site Plan: Re~est for site plan approval to construct two warehou'Se.-.?uildings totalling 12,000 square feet on a .97 acre lot.~ . 31 -;...""'- . / ,r:. f2,1- '-' f , I {cp y Jlo^- j\!€'~ _1'" SJ& Pt..~ h LE V' MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 / " ~ / // Description: Landscape Appeal;/ Request for a landscape code appeal to overhang a required landscape strip with bumpers of parked cars / / Ms. Heyden stated that the applicant requested ~~t this item, and Item VIILB, be tabled until Se?tember 19. / I i Motion / / Mayor Pro Tern Matson moved to table Items VIlLA and VITI.B until the September 19, 1995 meeting. Vice Mayor Bradley: secopded the motion which carried 5-0. . ."1 ' B. PrOject Name. I" ". Papa Jobns.............................................TABLED ~ APPLICANT REQUESTED TO BE TABLED UNTIL SEPTEMBER 5,1995 Agent: / Interplan Practice, Ltd. Owner: / Papa Johns USA Location:, / Northeast corner of N.W, 7th Court and Boynton Beach /1 BowevMd Description: New Site Plan: Request for site plan approval to / construct ai, 142 square foot take-out pizza store on ,22 \. acres' / '~" This item wasitabled until September 19. (See motion made-under Item VIlLA.) / , " c. Project Name: Agent: Location: ~~ ll(Nlcl ~]).....................................TAB~~]) Description: Kieran Kilday Southwest comer of Knuth Road and Boynton Beach BoulevMd Time Extension: Request for approval of an 18 month retroactive and an indefInite time extension for zoning/master plan approval and concurrency exemption Motion Mayor Pro Tern Matson moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried 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 stMion because the rules have d'l8nged 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. 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, Ms, Crowel was concerned with heavy car and truck traffic throughout the day and into the night. She said the noise and gasoline fumes will not be sheltered by a 6 foot wall, a 20 foot wall, or any amount of landscaping. She was concerned with security because of all the night traffic 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. Malcolm Sullivan lives in Quail Ridge, He is former President of the Property Owners' 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, FLORIDA AUGUST 15, 1995 \ f) 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 hI uleir 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 tenns 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, FLORIDA AUGUST 15, 1995 disrupt the neighborhood because of the hours of operation and the clientele, He reiterated that his family is the closest to this property and would be affected by this more than anyone else. He did not think. this would be a benefit to him. Jacqueline Brady, Banyan Creek 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 Banyan Creek Court, spoke in favor of this project. He felt the widening of Knuth Road and a gate will be a benefit, He advised that meetings were held to discuss this proposal, and everyone who attended voted in favor of it. Stonehaven Boulevard is a thoroughfare from the rental homes to Knuth Road as a shortcut from Congress A venue to Boynton Beach Boulevard. It is a speedway and no speed bumps are allowed. The gates will stop the horrendous traffic. He 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 in 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 said $35,000 was put in escrow for gates in the future, The wall is to be built in conjunction with the construction of the gas station. It is commercial property and the owner has a right to develop it as he can. When and if a shopping center goes in, with the way people speed through his development, there will be a bad accident. Without a buffer wall, a car could crash into someone's home because it is so close to the road. Homes have been broken into his community. He was in favor of the gas station and the wall for protection from the road, traffic and noise. Pat Ness, 1703 Banyan Creek Court, has resided in this community for about eight years and advised that a vehicle was stolen from his property. He said there isn't too much more than a filling station that can be put on this property. He felt the service station and the wall will increase the tax base. Rick Duval, 1830 Banyan Creek, 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 common 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 MINUTES CITY COl\fMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 \ , Don Brookler, 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'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 has 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 J -- It MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA AUGUST 15, 1995 Mayor Taylor will continue to 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 think 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 [Yl~~. However, he felt this project preceded the ordinance and felt the safety of the community outweighs that. Commissioner Rosen stated that 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 not care less about a gas station. They just want a wall. He felt strongly about the ordinances designed to make this a better City, Mayor Pro Tern Matson was on the Community Appearance Board when this project came through in 1990 and she was totally against it at that time. When the developer was going to put the gas station at the comer of Congress Avenue and Hypoluxo Road where she lives, the residents were extremely upset. The gas station is now there and is it less than 250 feet from the homes, There are no fumes, noise, or increase in crime because of the convenience store. In fact, property values have risen since that shopping center and gas station have been built. They have been good neighbors, and the quality of life of the residents has not deteriorated. She hopes this allays some of Mrs. Crowel's fears. She said she visited Stonehaven and Banyan Creek and saw the children playing in the street. She was concerned about the safety and quality of life of the residents there. She felt very strongly that this gas station, which will come with the butTering, the wall, and the gates to protect the community, is in the best interests of the residents around it. She said she received a few phone calls from people who do not live in the area or the City limits. She respects their rights; however, she said this is going to impact the people who live in Stonehaven and Banyan Creek. She stated that these people moved to Boynton Beach for a better quality of life. To disregard the residents who put her in office and be swayed 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 31 calls over the last couple of days. Three of those calls were in opposition to this project. The remainder were in favor of it. He pointed out that there are consequences in trying to keep a developer from developing. He said some homeowners are going to be more directly impacted by this gas station. He hoped something could be worked out between the developers and the homeowners I association. If this project is approved, he 30