AGENDA DOCUMENTS
May 21,1996
I. OPENINGS:
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CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
A, Call to Order - Mayor Jerry Taylor
B. Invocation - Rabbi Max Roth, Temple Beth Kodesh
C. Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. ADMINISTRATIVE:
A. Accept resignation from the following Boards
1. Dr. Floyd Beil, Regular Member, Advisory Board on Children & Youth
2. Fawn Bradley, Regular Member, Community Relations Board
B. Appointments to be made:
APPOINTMENT
TO BE MADE
III Jaskiewicz**
IV Tillman"
MayorTaylor"
I Titcomb"
II Bradley"
I Titcomb
III Jaskiewicz
IV Tillman"
MayorTaylor"
III Jaskiewicz**
IV Tillman*
MayorTaylor*
I Titcomb*
BOARD
Adv Brd on Children
Bldg Brd of Adj & Appeals
Cemetery Board
Community Relations Brd
Community Relations Brd
Nuisance Abatement Board
Nuisance Abatement Board
Recreation & Parks Board
Senior Advisory Board
Golf Course Advisory Com
Adv Brd on Children & Youth
Recreation & Parks Board
Community Relations Board
Stu/Alt
Reg
All
Reg
Alt
Reg
Alt
Alt
Alt
Alt
Reg
Alt
Reg
*
First time appointment appears on the agenda
Second time appointment appears on the agenda
*'"
III. CONSENT AGENDA
LENGTH OF TERM
EXPIRATION DATE
1 yr term to 4/97
3 yr term to 4/99
1 yr term to 4/97
3 yr term to 4/99
1 yr term to 4/97
2 yr term to 4/98
1 yr term to 4/97
1 yr term to 4/97
1 yr term to 4/97
Term expires 6/01
Term expires 4/97
Term expires 4/97
Term expires 4/98
i
6:30 P.M.
TABLED
TABLED
TABLED
TABLED
TABLED
FROZEN
FROZEN
TABLED
TABLED
TABLED
Matters in this Section of the Agenda are proposed and recommended by the City Manager
for "Con..nt Agenda" approval of the action Indicated In each Item, with all of the
accompanying material to become a part of the Public Record and subject to staff
comments.
A. Minutes
1. Regular City Commission Meeting Minutes of May 7.1996
2. Special City Commission Meeting Minutes of May 14, 1998
.,:
VIII. DEVELOPMENT PLANS:
A. PROJECT:
AGENT:
OWNER:
lOCATION:
DESCRIPTION:
B. PROJECT:
AGENT:
OWNER:
lOCATION:
DESCRIPTION:
PROJECT:
AGENT:
APPLICANT:
OWNER:
lOCATION:
DESCRIPTION:
D. PROJECT:
AGENT:
APPLICANT:
OWNER:
lOCA TION:
DESCRIPTION:
E. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
IX. NEW BUSINESS:
Woolbright Place PUD TABLED
Brett Nein - CCl Consultants, Inc.
Howard Scharlin, Trustee
Approximately 1,000 feet north of the intersection of Woolbright
Road and SW 8th Street
MASTER PLAN MODIFICATION - Request to amend the previously
approved master plan to change the dwelling units within Pod 1 from
90 multi-family dwelling units to 85 single-family, detached dwelling
units; reduce the north PUDbuffer from 25 feet to 10 feet and
reduce the perimeter building setbacks along SW 8th Street and the
north PUD buffer from 40 feet and 60 feet to 20 feet and 25 feet,
respectively, add private recreation and establish recreation
setbacks
Nautica Sound (FKA Knollwood Groves PUD)
Karyn I. Janssen, Kilday and Associates, Inc.
Alan Fant, Gl Homes of Boynton Beach II Corporation
Northwest corner of Lawrence Road and the lWDD l-19 canal
NEW SITE PLAN: Request for site plan approval of private
recreation, common area landscaping, and project signage for a 424
unit, single-family residential PUD
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.
Southwest corner of Boynton Beach Boulevard and Knuth Road
NEW SITE PLAN: Request for site plan approval to construct a
convenience store with gasoline sales and car wash on 1,13 acres
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
The Vinings at Boynton Beach - Phase II
CCl 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 MODIFICA liON: Request to amend the
previously approved site plan to increase the number of apartment
buildings from 12 to 16. omit building types III and V, add a
volleyball court and reconfigure other recreation amenities, alter
building types II and IV. add a building type VI and reconfigure the
parking and access areas
A. Item for discussion requested by Mayor Jerry Taylor
1. Visioning follow up
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4
B. Item for discussion requested by Commissioner Matt Bradley
1. Boynton Beach High School
C. Review of Road Hump Policy
X. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 096-30 RE: Amend Chapter 7.5, Environmental
Regulation, of the Land Development Regulations, providing for open space
preservation of natural resource sites
2. Proposed Ordinance No. 096-31 RE: Delete drive thru window requirement
facing City street
B. Ordinances - 1 st Reading:
None
C. Resolutions
1. Proposed Resolution No. R96- RE: Consider proposal of William R. Hough &
Company and Raymond James relating to Water Sewer Bonds
2. Proposed Resolution No. R96-
Hypoluxo
RE: Release of Surety for the Yacht Club at
D. Other
XI. UNFINISHED BUSINESS:
A. Criteria for participation on City Boards
XII. CITY MANAGER'S REPORT:
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, HE/SHE Will NEED A RECORD OF THE PROCEEDINGS AND, FOR
SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE.
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
(F.S.286,0105)
THE CITY SHAll FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABILITY AN EaUAl OPPORTUNITY TO PARTICIPATE IN AND ENJOY
THIi aiiNl;Flli 0" A 8fiRVIOti, P~OGAAM, O~ AOTIV!TV eONOUQTIP ISV 1Ha! 011'''. f1U!A'6 eON'fAOr
JOYCE COSTEllO, (407) 375.8013 AT lEAST TWENTY. FOUR (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
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5
PLANNING AND ZONING DEPARTMENf
MEMORANDUM NO. 96-269
Agenda Memorandum for
May 21, 1996 City Commission Meeting
TO: Carrie Parker
City Manager ',. ~ 'ATe L
\vi' /llltLvl L
FROM: Tambri J. Heyden' \... -7:( yJ ,
Planning and Zoning irector
DATE: May 15, 1996
SUBJECT: Knuth Road PCD Service Station, NWSP 96-003
New Site Plan
Please place the above-referenced request on the May 21, 1996 City Commission agenda
under Development Plans.
L"
DESCRIPTION: Karyn I. Janssen, Kilday and Associates, Inc. agent for Andrews &
Copans Gas & Oil Co., Inc. is requesting site plan approval to construct a convenience
store with gasoline sales and car wash on 1.13 acres located on the southwest corner of
Boynton Beach Boulevard and Knuth Road, within the Knuth Road, peDe The attached
Planning and Zoning Department Memorandum No. 96-250 provides further details of this
request.
RECOMMENDATION: The Planning and Development Board, with a 4-3 vote,
recommended approval of this request, subject to all staff comments in Exhibit C, with the
following rewording of comment 23:
23. Add a note on the site plan to reference the agreement between Stonehaven
Homeowner's Association, Inc. and Bill R. Winchester, dated June 19, 1990 that
conditioned the rezoning to PCD. To comply with the agreement, all masonry
buffer walls and associated landscaping referenced shall be permitted and under
construction, prior to issuance of a building permit for the service station, and a
traffic light shall be installed at the intersection of Boynton Beach Boulevard and
Knuth Road when warranted by Palm Beach County; a bond shall be posted for the
light at time of a Certificate of Occupancy for the service station until light is
warranted.
The Board recommends an additional comment that the cro'l acee.. to the adjacent
property to the west relocated with the site plan approval of the property to the west.
TJH:dim
Attachment
II:CCAgNWSP.Knu
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PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-262
FROM:
Carrie Parker
City Manager
/--n A
Tambri J. Heyden I '7',I_&:..J
Planning and Zoning Director
TO:
DATE:
May 15, 1996
SUBJECT:
Copies of Development Plans of Current Projects
Scheduled for Review by the City Commission at the
May 21, 1996 City Commission Meeting
Please find attached five (5) sets of plans for the following
current development projects:
Conditional Use
St. Joseph's Episcopal Church and
School
COUS - 96-002
New Site Plan
Nautica Sound (FKA Knollwood Groves
PUD)
NWSP - 96-001
Knuth Road PCD Service Station
NWSP 96-003
Major Site Plan
Modification
Boynton Beach Mall
Department Store F
MSPM 96-001
The Vinings at Boynton Beach -
Phase II
MSPM 96-003
Note:
Please return the plans/documents to the Planning and
Zoning Department following the meeting.
If I can be of further assistance, please contact me.
TJH:bme
Attachments
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C I T Y 0 F
PLANNING &
BOY N TON B E A C H
DEVELOPMENT BOARD MEETING
AGENDA
DATE:
Tuesday, May 14, 1996
TIME:
7:00 P.M.
PLACE:
Commission Chambers
100 E. Boynton Beach Boulevard
Boynton Beach, Florida
1. Pledge of Allegiance.
2. Introduction of Mayor, Commissioners and Board Members.
3. Agenda Approval.
4. Approval of Minutes.
5. Communications and Announcements.
A. Report from the Planning and Zoning Department
1) Final disposition of last meeting's agenda items.
6. Old Business:
None
7. New Business:
A. PUBLIC HEARING
Conditional Use
1. PROJECT NAME: St. Joseph's Episcopal Church and
School
AGENT/
APPLICANT:
Jerome F. Milord
OWNER:
St. Joseph's Episcopal Church and
School
LOCATION:
3300 South Seacrest Boulevard
DESCRIPTION:
Request to construct a 7,591 square
foot new library, art and lecture
building, housing a preschool
facility, and a 299 square foot
addition to the Classroom #5
building in place of the demolished
library and lecture/art buildings.
Rezoninq
2. PROJECT NAME: Hills at Lake Eden, PUD
AGENT:
Burl Gentry
APPLICANT/
OWNER:
Newport Properties, Inc.
LOCATION:
15.45 acres located at the west side
of the intersection of Seacrest
Boulevard and Gulfstream Boulevard
Page 2
Planning & Development Board Meeting
Agenda for May 14, 1996
DESCRIPTION:
Request to amend original rezoning
conditions to reduce the required
minimum unit size to be constructed
in the PUD from 2,400 to 1,800 air-
conditioned square feet and reduce
the required average size of the
units to be constructed in the PUD
from 2,600 to 2,400 air-conditioned
square feet.
Land Use Amendment/Rezoninq
3.
PROJECT NAME: The Boynton Beach
Development Corporation
Community
(CDC)
AGENT:
Law Office of
Allen Wm. Martincavage, Sr.
APPLICANT/
OWNER:
The Boynton Beach Community
Development Corporation (CDC)
LOCATION:
Three parcels totaling 0.339 acre at
2191 Seacrest Boulevard (southwest
corner of Gateway Boulevard and
Seacrest Boulevard)
DESCRIPTION:
Request to amend the land use from
Moderate Density Residential to
Office Commercial and to rezone from
R-1 (Single Family Residential) to
C-1 (Office/Professional)
B. SITE PLANS
~
New Site Plan
1. PROJECT NAME: Nautica Sound
(FKA Knollwood Groves PUD)
AGENT:
Karyn I. Janssen
Kilday and Associates, Inc.
APPLICANT/
OWNER:
Alan Fant,
GL Homes of Boynton Beach II
Corporation
LOCATION:
Northwest corner of Lawrence Road
and the LWDD L-19 canal.
DESCRIPTION: Request for site plan approval of
private recreation, common area
landscaping, and project signage for
a 424 unit, single-family
residential PUD.
2.
PROJECT NAME: Knuth Road peD Service Station
AGENT:
Kieran Kilday
Kilday and Associates, Inc.
APPLICANT:
Andrews & Copans Gas & Oil Company,
Inc.
Page 3
Planning & Development Board Meeting
Agenda for May 14, 1996
OWNER:
LOCATION:
DESCRIPTION:
Bill R. Winchester, Elsie A.
Winchester individually, Elsie A.
Winchester as Trustee, Ruby A.
Winchester, The Winchester Family
Partnership, Ltd.
Southwest corner of Boynton Beach
Boulevard and Knuth Road
Request for site plan approval to
construct a convenience store with
gasoline sales and car wash on 1.13
acres.
Malor Site plan Modification
3. PROJECT NAME: Boynton Beach Mall
Department Store F
AGENT:
APPLICANT:
OWNER:
LOCATION:
DESCRIPTION:
Cormac C. Conahan, Esq.
Hodgson, Russ, Andrews, Woods &
Goodyear
DeBartolo
Inc.
Properties Management,
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.
4. PROJECT NAME: The Vinings at Boynton Beach - Phase
II
AGENT:
APPLICANT\
OWNER:
LOCATION:
DESCRIPTION:
C . OTHER
Discussion
CCL Consultants, Inc.
Boynton Beach I I Limi ted
Partnership, a Florida limited
partnership, and its assigns
East side of
approximately
Woolbright
S.W. 8th Street,
1900 feet north of
Request to amend the previously
approved site plan to increase the
number of apartment buildings from
12 to 16, omit building types III
and V, add a volleyball court and
reconfigure other recreation
amenities, alter building types II
and IV, add a building type VI and
reconfigure the parking and access
areas.
7.B.2
NEW SITE PLAN
KNUTH ROAD PCD SERVICE STATION
I
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-250
SITE PLAN REVIEW
STAFF REPORT
FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
May 8, 1996
DESCRIPTION OF PROJECT
Project Name:
Knuth Road PCD Service Station
Applicant:
Andrews & Copans Gas & Oil Co., Inc.
Agent:
Kieran J. Kilday, Kilday & Associates, Inc.
Location:
Southwest corner of the Knuth Road and Boynton Beach Boulevard
intersection.
File No.:
NWSP 96-003
Land Use Plan
Designation:
Local Retail Commercial (LRC)
Zoning
Designation:
Planned Commercial District (PCD)
Type of Use:
Service Station with convenience store and car wash
Number of
Units:
Not applicable
Square
Footage:
Site Area:
Building Area:
1.13 acres
3,488 sq. ft.
Surrounding land
uses and Zoning
District: (see Exhibit "A" - location map)
North -
Boynton Beach Boulevard right-of-way, and farther
north is existing commercial/retail development, zoned
C-3.
South -
Vacant land zoned PCD and farther south is the Quail
Ridge residential development in Palm Beach County.
East -
Right-of-way of Knuth Road Street and farther east is
commercial/office development, zoned C-1.
west -
Vacant land zoned PCD and further west is the Quail
Ridge residential development in Palm Beach County.
Existing Site
Characteristics:
The site is currently undeveloped and has no vegetation.
Proposed
Development:
The developer is proposing construction of an Amoco service station
for sale of petroleum products, a convenience store and a carwash on
a 1.13 acre outparcel of the Knuth Road PCD. Total floor area of the
proposed development is 3,488 square feet (see Exhibit "B" - proposed
site plan).
2,
Page 2
Planning and Zoning Department
Memorandum No. 96-250
Site Plan Review Staff Report
Knuth Road PCD Service Station
Concurrency:
a. Traffic-
The outparcel, as a part of the Knuth Road PCD master
plan, was reviewed by the Palm Beach County Traffic Division.
It was determined that the project meets the requirements of
the Traffic Performance Standards of Palm Beach County.
b. Drainage-
Insufficient drainage information has been submitted for the
Engineering Division to certify compliance with the City's
drainage levels of service at the time of site plan approval, as
required. The Engineering Division is recommending that this
be postponed to time of permit review.
Driveways:
Two driveways are proposed for this project: one is a direct driveway
from Boynton Beach Boulevard, the other one is an off-site, shared
driveway from Knuth Road. Additional, cross access to this property
is planned from the future shopping center driveway system.
Parking Facility:
There is sufficient on-site parking providing 14 parking spaces, which
meets the minimum requirement as per the Land Development
Regulations, Chapter 2 - Zoning.
Landscaping:
The landscaping of the site will meet code requirements after staff
comments are addressed during permit review.
Building and Site
Regulations:
Building and site regulations will meet the code requirements when
staff comments are incorporated into the permit plans.
Community Design
Plan:
Compatibility of the service station design with the commercial
structures located on adjacent properties is achieved by the use of
terra cotta roof tiles matching in color and/or shape to the roofing
material of surrounding structures.
Signage:
A sign program to include signs for all anticipated tenants of the
entire PCD development has not been submitted. As a part of this
program, two free-standing signs facing both adj acent streets will be
proposed.
RECOMMENDATION:
The Planning and Zoning Department recommends approval of this site plan request,
subject to the comments included in Exhibit C - Conditions of Approval. The TRC
recommends that the deficiencies identified in this exhibit be corrected on the set of plans
submitted for building permit.
JL:bme
XC: Central File
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_w . _an __ "'" Knuth Road P.C.D. Service Station
.~ ... --- "'" Boynton Beach. Florida
Revised Site Plan
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Kilday " Associates
landscape Architects/P~nners
1551 Forum Place I ~ . W tJ~
Suite 1 OOA ~
Wesl Palm Beach. Florida '33401
(407) 689 5522.Fox:(407) 689 2592
E}tfi 1. 'B 1. 'r
" C"
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EXHIBIT "C"
Conditions of Approval
Project name: Knuth Road PCD Service Station
File number: NWSP 96-003
Reference: Tha olans consist Qf1-S sheets identified as 2nd Review",-
New Site P~~n, File # ijW$P 9~-003 with an Aoril 15, 1996 Plannina
and Zonina Denartment date stamn markina
~EPARTMENTS INCLUDE REJEeT
PUBLIC WORKS
Comments:
1. The dumpster enclosure shown on the
drawings of the above site does not
meet the specifications required for
Public Works to provide service. The
inside dimensions of the enclosure are
shown at 9 feet 8 inches and is
required to be 10 feet. Also, the
drawing shows the gate posts are on the
inside of the enclosure and would
shorten the inside dimensions another
10 to 12 inches. This would make the
actual width of the enclosure 8 feet 8
inches.
I UTILITIES NONE I I I
Comments:
I FIRE I I I
Comments: NONE
POLICE
Comments:
2. The deceleration lane proposed for the
additional 12' of right-of-way width
needs to be depicted on the site plans
and engineering plans and noted that
this turn lane will be constructed in
conjunction with further PCD phases.
ENGINEERING DIVISION
Comments:
3. All plans submitted for specific
permits shall meet the city's code
requirements at time of application.
These permits include, but are not
limited to the following; site
lighting, paving, drainage, curbing,
landscaping, irrigation and traffic
control devices. Permits required from
agencies such as the FDOT, PBC, SFWMD
and any other permitting agency shall
be included with your permit request.
4. County road entrance sign requires PBC
approval and State road entrance sign
requires FDOT approval.
5. Provide easement for 8" storm sewer
running south from site.
Chap.6,Art.IV,Sec.6A,pg.6-9
6. Parking lot section must conform to
City code. Chap.6,Art.IV,Sec.10F,pg.6-
12
7. Need SFWMD & LWDD acceptance prior to
Engineering approval.
Chap.6,Art.IV,Sec.5A,pg.6-7
C)
Page 2
Conditions of Approval
Knuth Road PCD Service Station
NWSP 96-003
?,~
ror
DEPARTMENTS INeLUDE REJEeT
8 . Permits must be obtained for work
within R.O.W.
Chap.22,Art.II,Sec.7A,pg.22-3
9. Provide information regarding proposed
median into proposed shopping center to
determine ultimate circulation pattern
for exiting site to Knuth Road.
Chap.23,Ar.IIB1,pg.23-7
10. Stormwater shall be contained on site.
Chap. 23 ,_Ar~. I IF i pg. 23 - 8
11. Provide acceptable handicap ramp detail
for accessibility to store entrance.
Chap.23,Art.IIK,pg.23-9
12. Extend sidewalk on north side of store
in front of parking stalls northward
two additional feet. This will
eliminate the need for wheel stops and
potential tripping hazards. Consider
installing curb and gutter along the
south property line. This will provide
a more aesthetic site, increase
pervious area, and eliminate
maintenance of any wheel stops.
13. At Boynton Beach Blvd. just inside the
ingress aisle, move the curbed area and
light pole back (westward) to provide a
straight-in path for the car wash
traffic (will provide a better stacking
lane too) .
14. Show handicap ramps and pedestrian
crosswalk on Sheet PD-1 for
accessibility path to south side of
Food Mart.
15. Handicap pavement symbol shall be
white.
16. On sheet 3 of 18 double yellow line to
south is in wrong location.
17. All post mounted traffic signage
including stop signs shall be anchored
in concrete.
18. Construct approved handicap ramps at
each end of north/south sidewalk to
Food Mart.
19. It is recommended that a "D" curb and
"F" curb detail on detail sheet be
provided.
20. It is recommended that a cross-section
of south asphalt roadway built to City
road construction standards be
provided.
BUILDING DIVISION
Comments:
2l. Only one free standing sign is allowed, ~
not to exceed 64 sq. ft.
PARKS AND RECREATION
10
Page 3
Conditions of Approval
Knuth Road PCD Service Station
NWSP 96-003
OEPARTMENTS
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
22. On Sheet 3 of 18 - Site Plan, the side
yard setback of the car wash structure
is 20 feet. On Sheet 18 of 18 -
Elevations, the width of the overhang
of the carwash is three (3) feet, which
constitutes an encroachment into the
required side yard of three (3) three
feet. Eliminate the 3-foot
encroachment into the side yard or
apply for a zoning variance from this
requirement.
/"2;)l' Add a comment on the site plan that the
~' stipulations of the agreement between
~ Stonehaven Homeowner's Association,
~t Inc. and Bill R. Winchester, dated June
19, 1990 will be met. The following
improvements shall be completed before
a building permit for the service
station is issued:
co
construct all masonry buffer
walls, and provide landscaping as
stipulated in the above-referenced
agreement.
a.
S b.
w&<~
~~~.
install a traffic light at the
intersection of Boynton Beach
Boulevard and Knuth Road as
stipulated in the above-referenced
agreement.
24. If proposed off-site temporary drainage
area is to remain as shown on Sheet 3
of 19, on Sheet 2 of 19 include an
appropriate drainage easement.
25. A PCD plat shall be filed with the
Development Department in
accordance with Chapter 5 - Platting,
of the City Land Development
Regulations, prior to permitting of the
service station.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
TJH/dim
a:ComDept,Knu
1/
INeLUDE
REJECT
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
\,:-.
/0 "7
V "<() C>:r
~ L' ~
~ ~F- "
'1 L-.
~t
MAY 21,1996
proposed a hedge along the parimeter of the parking area where it is visible from any
adjacent street. However, in lieu of putting a hedge around this area where we feel it will
obstruct someone who wants to park there and walk over to the top lot, or park there and
walk down to any of the play courts, we are proposing to do berming and landscaping
around the perimeter of the site, including landscaping around the perimeter of the
recreation amenities. Staff is willing to work with us to take credit for the perimeter
buffering as opposed to providing a hedge directly adjacent to and around the parking
area.
No one in the audience wished to address this development plan.
The Commission had no problem with the first and third issue. Mayor Taylor's only
concern with the second issue (the sign) is that it sounded to him like we are changing the
rules, depending on the sign. He pointed out that this does not seem to be consistent with
the city's goal to look at the signage in the city to bring it to some conformity. He asked if
the proposed sign is within code. Ms. Heyden stated that everything is within code, except
the sign area.
Commissioner Titcomb felt this is a very different application than a pole or monument
sign. It is an entry wall type treatment, and he was in favor of adding a provision to the
code to allow this type of signage. He did not think this visually affronts our sign code as
it now stands. The sign looked huge to Mayor Taylor. Ms. Walter pointed out that Palm
Beach County differentiates between point of purchase signs and entry wall signs in their
code.
Motion
Vice Mayor Jaskiewicz moved to approve the request for site plan approval of private
recreation, common area landscaping, and project signage tor a 424 unit, single-family
~r sidential PUD. as presented by the applicant. Commissioner Tillman seconded the
tion, which carried 5-0.
. Project: Knuth Road peo Service Station
Agent: Kieran Kilday - Kilday and Associates, Inc
Applicant: Andrews & Copans Gas & Oil Company, Inc.
Owner: 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
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 LWOD 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
th,e 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 Roaq 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 reality 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-of-way. Currently, there is landscape and a pump house for Stonehaven that
will have to be moved to aI/ow for 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
of 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 Jf
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: Boynton Beach Mall, Department Store F
AGENT: Cormac C. Conahan, Esq., Hodgson, Russ, Andrews, Woods
& Goodyear
APPLICANT: DeBartolo Properties Management, Inc.
OWNER: 80ynton-JCP Associates, Inc. Ltd., a Florida limited
partnership
LOCATION: 801 North Congress Avenue
DESCRIPTION: 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
CeL 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
..
.....
J
EXHIBIT "c"
Conditions of Approval
Project name: Knuth Road PCD Service Station
File number: NWSP 96-003
Reference:lhe olans consist of ~a sheets identified as 2nd Reyiew,
New Site P~an. F~le # NW$~ 96-003 with an Aoril 15. 1996 Planninq
and Zoninq DeQartment date stamQ marking
DEPARTMENTS
INCLUDE
REJECT
PUBLIC WORKS
Comments:
1. The dumpster enclosure shown on the
drawings of the above site does not
meet the specifications required for
Public Works to provide service. The
inside dimensions of the enclosure are
shown at 9 feet 8 inches and is
required to be 10 feet. Also, the
drawing shows the gate posts are on the
inside of the enclosure and would
shorten the inside dimensions another
10 to 12 inches. This would make the
actual width of the enclosure 8 feet 8
inches.
I UTILITIES
. Commen t s : NONE
I. FIRE
. Comments: NONE
POLICE
Comments:
2. The deceleration lane proposed for the
additional 12' of right-of-way width
needs to be depicted on the site plans
and engineering plans and noted that
this turn lane will be constructed in
conjunction with further PCD phases.
ENGINEERING DIVISION
Comments:
3. All plans submitted for specific
permits shall meet the city's code
requirements at time of application.
These permits include, but are not
limited to the following; site
lighting, paving, drainage, curbing,
landscaping, irrigation and traffic
control devices. Permits required from
agencies such as the FDOT, PBC, SFWMD
and any other permitting agency shall
be included with your permit request.
4. County road entrance sign requires PBC
approval and State road entrance sign
requires FDOT approval.
5. Provide easement for 8" storm sewer
running south from site.
Chap.6,Art.IV,Sec.6A,pg.6-9
6. Parking lot section must conform to
City code. Chap.6,Art.IV,Sec.10F,pg.6-
12
7. Need SFWMD & LWDD acceptance prior to
Engineering approval.
Chap.6,Art.IV,Sec.5A,pg.6-7
0,
.
Page 2
Conditions of Approval
Knuth Road PCD Service Station
NWSP 96-003
?(~
~r
DEPARTMENTS INCLUDE REJEeT
8. Permits must be obtained for work
within R.O.W.
Chap.22,Art.II,Sec.7A,pg.22-3
9. Provide information regarding proposed
median into proposed shopping center to
determine ultimate circulation pattern
for exiting site to Knuth Road.
Chap.23,Ar.IIB1,pg.23-7
10. Stormwater shall be contained on site.
Chap.23,Art.IIF,pg.23-8
11. Provide acceptable handicap ramp detail
for accessibility to store entrance.
Chap.23,Art.IIK,pg.23-9
12. Extend sidewalk on north side of store
in front of parking stalls northward
two additional feet. This will
eliminate the need for wheel stops and
potential tripping hazards. Consider
installing curb and gutter along the
south property line. This will provide
a more aesthetic site, increase
pervious area, and eliminate
maintenance of any wheel stops.
13. At Boynton Beach Blvd. just inside the
ingress aisle, move the curbed area and
light pole back (westward) to provide a
straight-in path for the car wash
traffic (will provide a better stacking
lane too) .
14. Show handicap ramps and pedestrian
crosswalk on Sheet PD-1 for
accessibility path to south side of
Food Mart.
15. Handicap pavement symbol shall be
white.
16. On sheet 3 of 18 double yellow line to
south is' in wrong location.
17. All post mounted traffic signage
including stop signs shall be anchored
in concrete.
18. Construct approved handicap ramps at
each end of north/south sidewalk to
Food Mart.
19. It is recommended that a "DIt curb and
"F" curb detail on detail sheet be
provided.
20. It is recommended that a cross-section
of south asphalt roadway built to City
road construction standards be
provided.
BUILDING DIVISION
Comments:
standing sign is allowed, ~
21. Only one free
not to exceed 64 sq. ft.
PARKS AND RECREATION
In
-
Page 3
Conditions of Approval
Knuth Road PCD Service Station
NWSP 96-003
DEPARTMENTS
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
eomments:
22. On Sheet 3 of 18 - Site Plan, the side
yard setback of the car wash structure
is 20 feet. On Sheet 18 of 18 -
Elevations, the width of the overhang
of the carwash is three (3) feet, which
constitutes an encroachment into the
required side yard of three (3) three
feet. Eliminate the 3-foot
encroachment into the side yard or
apply for a zoning variance from this
requirement.
1/7;;} , Add a comment on the site plan that the
~/ stipulations of the agreement between
Stonehaven Homeowner's Association,
Inc. and Bill R. Winchester, dated June
19, 1990 will be met. The following
improvements shall be completed before
a building permit for the service
station is issued:
~
co
construct all masonry buffer
walls, and provide landscaping as
stipulated in the above-referenced
agreement.
a.
S b.
~~
yrP" ~,
install a traffic light at the
intersection of Boynton Beach
Boulevard and Knuth Road as
stipulated in the above-referenced
agreement.
24. If proposed off-site temporary drainage
area is to remain as shown on Sheet 3
of 19, on Sheet 2 of 19 include an
appropriate drainage easement.
25. A PCD plat shall be filed with the
Development Department in
accordance with Chapter 5 - Platting,
of the City Land Development
Regulations, prior to permitting of the
service station.
ADDITIONAL CITY COMMISSION CONDITIONS
1. To be determined.
TJH/dim
a:ComDept.Knu
11
-'"
INCLUDE
REJECT
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................................................................ ..... TABLED
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.............................................................. ....... TABLED
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:
LOCA liON:
DESCRIPTION:
TaraOaksPUD............. ......... ......................................... TABLED
Kilday and Associates
Bill Ray Winchester
Northeast corner 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 sti/l 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 sti/l 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.
lambri Heyden, ~lanning_&2oning_Director, 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
projed5 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 PUD
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;n 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. Ki Iday.
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 Tem 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 Schoo!........................................ TABLED UNTIL
NOVEMBER 21,1995
RECOMMEND CITY COMMISSION DELETE FROM AGENDA
2. Proposed Ordinance No. 095-29 RE: Rezoning - lake Worth
Christian Schoo!........................................... .......... . TAB LED UNTil
NOVEMBER 21, 1995
RECOMMEND CITY COMMISSION DELETE FROM AGENDA
29
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 14, 1996
Ms. Heyden advised that she noted changes to Ccmments #3, 4, 5, 13, and 14. Mr. Wische
concurred.
Mr. Hill seconded the motion which carried unanimously.
2.
Project Name:
Agent:
Applicant:
Owner:
Location:
Description:
Knuth Road 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
Southwest comer of Boynton Beach Boulevard and
Knuth Road
Request for site plan approval to construct a
convenience store with gasoline safes and car wash
on 1.13 aa:es.
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 PCD, the Code permits
the submission of a master sign program requesting signage for the development. The Knuth Road
pce 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 1I1e 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 applicant is
only allowed one sign. The master sign program was submitted to staff and they have not had an
opportunity to review it in detail. The applicant is hopeful the review will occur prior to the City
Commission meeting.
Ms. Walter explained that the applicant is proposing a comprehensive sign program for the center.
There is a developer, a contract for sale and the project engineer is working on 1I1e plans for the gas
station. The balance of the site does not have a tenant or user at this time. However, the applicant
has organized a consistent sign elevation, proposed sign square footages and height, and the gas
station will comply with the sign code as well as future development on the parcel.
The applicant is proposing three main entry signs at !~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, and they
range in height from 25' to 35'. In addition, the developer is proposing a secondary sign for each
of the outparcels (a financial institution and the gas station). The gas station sign will be 12' in
height, and the financial institution sign will be 10' in height. Each of the signs will be located on the
individual parcels.
12
----------------~-
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 corner of the 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
PCD, and has been on the plan since the origllal approval. The intention is to provide as much
cross access between the uses on the site to discourage people from driving out on Boynton Beach
Boulevard and Knuth Road.
Mr. Aguila agrees with the concept. but feels there is too much going on in that smaD corner. It is
an unsafe situation.
Ms. Walter agreed to look at this situation.
Chairman Dube 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 island shown
on the gas station. If the island is as short as the one on the gas station, a left turn couki be made
into the gas station.
Ms. Heyden questioned whether or not the applicant 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 constructed
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 interprets
that to mean that the developer can get a clearing penn it. 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.)
Malor 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
wUh parking structure.
Agent:
Applicant:
Owner:
Location:
Description:
At Chairman Dube's request, Mr. Haag used the overhead projector to display the site plan showing
the proposed department store and parking structure.
Mac Conahan. Attornev practlclna in Boca Raton. Florida. and Rod Bosler. Senior Prolect
Enalneer. 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, 1" 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 Tern 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 trat:flc
concurrency. allowing the service station constrocted 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:
"
AgetU:
"-
Owner.
Location:
Description:
LoDolce War;h~~ __/.
~.. '- ;~
George C. Da~is. Ar.chitect
/ Charles J. LoDolce
"
Lot 10. Lawson Iooustrial Park (S.W. 14th Place)
New Site Plan: Request for site plan approval to
construct two warehouSe buildings totalling 12,000 square
,
feet on a .97 acre 101,,,,,
31
..
',tJ2.
-.. (
, /
(;of Y /{o,^ r/ed ./ 1
$:117: Pi~~ ~: (I.
MINUTES
CITY COMMISSION
BOYNTON BEACH, FLORIDA
~
AUGUST 15, 1995
/
,/
Description: Landscape Appeal;/ Request for a landscape code appeal
to overhang a req.uired landscape strip with bumpers of
parked cars /
/
Ms. Heyden stated that the applicant requested ~at this item, and Item VIII.B, be tabled until
September 19. /
,
Motion
I
/
Mayor Pro Tern Matson moved to table Items VIII.A and VIII.B until the September 19, 1995
meeting. Vice Mayor Bradley' secopded the motion which carried 5-0.
B. Project Name: Y Papa Johns............................... ............. .. 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
Boulevard
New Site Plan: Request for site plan approval to
construct a 1,142 square foot take-out pizza store on .22
.,
acres '"
"
"
,
Description:
I
This item was'tabled until September 19. (See motion made under Item VIlLA.)
I
"
.,
c.
Project Name:
Agent:
Location:
~~ ll(NIcl ~)).....................................1rAB~~J)
Description:
Kieran Kilday
Southwest comer of Knuth Road and Boynton Beach
Boulevard
Time Extension: Request for approval of an 18 month
retroactive and an indefmite 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
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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 lener 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 cJ'I8nged 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
I ,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 permined
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 CroweJ, 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 Jives 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
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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 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 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
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* Eugene Sokoloff
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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.
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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
tilling 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.
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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 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.
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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 f11~~. 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 Tem 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 buffering, 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
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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 permined it to
expire. Otherwise, we would not be in this situation this evening.
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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:
A~
Ownen
Location:
Description:
\ ~~,,;-
LoDolce Warehouse "" ,/'
.."." " ",,;
George C. Davis, Architect
" ,~ '
/ Charles]. LoDatce
Lot 10, Lawson Ihdustrial Park (S.W. 14th Place)
New Site Plan: Request for site plan approval to
construct two warehoUSe buildings totalling 12,000 square
,
feet on a .97 acre lot.~ .
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