Loading...
LEGAL APPROVAL MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 5, 1995 Jaskiewicz seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. 3. Proposed Ordinance No. 095-34 (Gentleman Jim's) Re: Rezoning - 2404 S. Federal Highway Attorney Cherof read Proposed Ordinance No. 095-34 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinance No. 095-34 on first reading. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. 4. Proposed Ordinance No. 095-35 Re: Comprehensive Plan Text Amendment- 2404 S. Federal Highway (Gentleman Jim's) Attorney Cherof read Proposed Ordinance No. 095-35 by title only. Motion "' Vice Mayor Bradley moved to approve Proposed Ordinance No. 095-35 on first reading. Mayor Pro Tem Matson seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. 5. Proposed Ordinance No. 095-36 Re: Comprehensive Plan Text Amendment- Table #24 (revise table to show correct maximum density for special high density residential classification as 20 units/acre) Attorney Cherof read Proposed Ordinance No. 095-36 by title only. Motion Mayor Pro Tem Matson moved to approve Proposed Ordinance No. 095-36 on first reading. Commissioner Rosen seconded the motion. City Clerk Sue Kruse polled the vote which carried unanimously. C. Resolutions: 1. Proposed Resolution No. R95-144 Community Plan Re: Supporting the West Boynton Attorney Cherof read Proposed Resolution No. R95-144 by title only. Motion Vice Mayor Bradley moved to table Proposed Resolution No. R95-144. Commissioner Rosen seconded the motion which carried unanimously. 2. Proposed Resolution No. R95-124 Re: Request for surety release - Boynton Lakes Plat 5 ........ ......................................... ........ ........ TABLE 0 Motion 27 """C"*'_~ MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 history of inactivity, plus the improvements that have been languishing for twelve years. Mr. Basil, the purchaser of the property, stated that a numerous amount of money has to go into this land to bring the value up. He stated that there is so much work that has to go back into the infrastructure, that it would almost be easier if it was not there at all. Ms. Heyden summarized that if approved, the motion should include the following: 1. This is not a substantial change; 2. This is subject to staff comments; 3. Comments 8 (T-turn around), 13 (purchase price), and 16 (penmits for single- family homes) can be deleted from the Planning and Zoning memorandum; 4. Condition 3.A of Recreation and Parks Memorandum 95-048 would be amended to allow a pro rata payment of the recreation fee for the 34 single-family units at the time of the building penmit. However, in 18 months, the entire fee shall be paid, regardless of whether all the penmits have been applied for; and 5. The land value is established at $30,380.67. All these conditions were completely acceptable to the applicant. Motion Vice Mayor Matson moved to approve Cedar Ridge Estates PUD to be found to have no substantial change with respect to the requested modifications, and forward this request to the Planning and Development Board. Commissioner Aguila seconded the motion, which carried 5-0. Motion . It Vice Mayor Matson moved to approve the requested modIficatIons, subject to the ~ll ~ preparation of a development order reflecting all of the conditions, agreements, h~ and waivers expressed in the staff memorandum and those stated of record ~ tonight. Commissioner Aguila seconded the motion, which carried 5-0. B. Reconsider site plan conditions regarding surplus parking and cul-de- sac for Lakeview at Boynton Lakes Plat 5 f/k/a Best Homes Ms. Heyden stated that Mario Shlesinger, the owner and developer of the 41, undeveloped townhouse lots within Boynton.Lakes PUD, Plat 5, requested deletion of two conditions that were attached to the 1991 City Commission approval of his site plan. Specifically, the provision of visitor/surplus parking in common areas and construction of cul-de-sacs to replace the existing T-turn arounds at the terminus of the street. In 1985, a plat was recorded. The project went into default. In 1991, a site plan was approved. Since then, the property went into receivorship and was - 21 - .-',-11- .MINUTES - CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA FEBRUARY 7, 1995 under the ownership of the RTC. Shortly after that, in January of 1994, a retroactive time extension for the site plan, concurrency exemption and construction of the remaining, unfinished infrastructure improvements was approved. Then a subsequent time extension was approved, and now we are trying to get final sign off on the site plan. Mr. Shles1nger has encountered two problems. He has stated that he does not own the property upon which the parking spaces have to be constructed. A representative of the homeowners in Boynton Lakes was present at the Planning and Development Board meeting in 1991 when this item was discussed. The City Commission approved the site plan, sub- ject to receiving written verification from the homeowners stating what they were willing to agree to regarding the common areas. The City still has not received this. We are now looking at final sign off. Therefore, it is time to either provide it or request relief from it. Ms. Heyden advised that parking and cul-de-sacs are necessary for safety and efficiency of public services. In projects such as this, where the lots are small, the streets are narrow, the driveways are short, and there is only one parking space outside, there is a tendency to park on the street. Staff recom- mended that the requirement for cul-de-sacs be deleted because this project and the streets are platted as turn-arounds. In addition, if additional parking is provided, then parking will be less apt to occur in the T-turn around. There- fore, staff does not recommend that the surplus parking requirement be waived. Ms. Heyden introduced Mr. Paine from Mr. Shlesinger's company. Mr. Paine gave Ms. Heyden a copy of Article XV, General Restrictions, Section 6, Parking) of the homeowners' association documents, which she read into the record. City Manager Parker explained that the City is still requiring the excess parking, but it is in conflict with the homeowner association documents to park outside. . Ms. Heyden said the City is looking for authorization from the homeowners assoc- iation to allow Mr. Shlesinger to make those improvements on their common area. Motion Commissioner Aguila moved to approve Mario Shlesinger's request for not pro- viding the surplus parking common area as required in the Planning Department Memorandum 91-216, comment #6 and Engineering Department Memorandum 91-162CC, comment #10, and waive the requirement of construction of cul-de-sacs to replace the T-turn arounds at the Lakeview at Boynton Lakes PUD, fonmerly known as Best Homes. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. IX. NEW BUSINESS A. Items for discussion requested by Camlissioner Katz 1. Pine Point Villas - Destruction of foliage along I-95/Sound Barrier Wall - 22 - - ,______ MINUTES - REGULAR CITY COMMISSION MEETING BOYNTOIl BEACH, FLORIDA))O tJ, 1- ~ !bOV;meER 20, 1994 They implement many preventive progr s that stop crime before it starts. They help to bridge the community wit e Police Department. She stated that the tribute is to let the CPOs ~ that the work they have done is appreciated. The School Board and the~udents are going to be 1nvolv '-this tribute. Ms. Medeus said the C have helped many people, e people want to thank them. Ms. Medeus s ed that the black commu~ is very concerned that four officers and a ser t have haircuts like t~~kinheads. She felt this is a valid con- cern be se of previous racial tFtones in the department. She said these offic may be doing other t 'gs unbeknownst to anyone. in the community have trying to work with the eenagers to get them the streets and get lved with wholesome activi- ties.. Her organizat n used to hold dances the Civic Center, which the CPOs and parents helpe haperone. The danc ere productive and the children were off the streets aving fun. She wa fonned that these dances could not be held anymore ess she had a mill dollars worth of liability insurance for each night dances are held. t seemed to Mayor Hannening that this is an unfair bur. n. City Manager rker was not aware of this situa~i~n.and will investi e it further. Edd'e M,tehel1, Pre nt of the Advisory Council 0 ro American Affairs for the Greater Boynton Beach area, stated that a 1ty of the citizens consider the issue of removing department heads from 1 Service a very serious matter. They would like to have the opportunity nded to them to decide for them- selves on matters relative to the Cit arter and Civil Service Rules and Regulations. He thinks this matter should be placed on the ballot for the March election for the people to decide. NO.one else wishing to speak, Mayor Hanmening declared the public audience closed. - VI I I. DEVelOPMENT PLANS '. A. Consent Ate. - UMn'.usly approved by Plannt", a Devel~plllnt Bo&rd ".:tF, Boynton likes PUD Plat S. aest ...., - 1 ~ G Robert G. Comerlinck, Real Estate Recovery, Inc. Resolution Trust Company Congress Avenue at Plaza Lane. southeast corner T'.. Extension: Request for an additional one- year time extension to site plan approval, con- currency exemption and construction of required improvements 1. Project Name: Agent: Owner: Location: Description: In response to Commissioner Aguila, Ms. Heyden advised that the RTC owns thirty- five of the forty-one lots. According to the tax record. it showed thirty- seven. However, Lennar Corporation owns the remaining six lots. They are under different corporations and she did not pick up the distinction between the two. - 24 - -,.~,_.."'"--'." -".-.-~ .._.-...._'--~ - ---~---~ MINUTES - REGULAR CITY ~OMMISSION MEETING BOYNTON BEACH, FLORIDA SEPTEMBER 20, 1994 The contract purchaser said he is only purchasing thirty-five of the forty-one lots. Therefore. there are six lots under different ownership. It does not make sense to try to share the cost of the required improvements. Whoever comes first has to do it. However. she thinks this problem is going to work itself out. The contract purchaser has contacted Lennar and is trying to purchase their six lots. Commissioner Aguila asked if it will affect what is being done here tonight if those six lots are not purchased by the contract purchaser. Ms. Heyden said no. Motion Commissioner Aguila moved to approve the request for time extension to October of 1995, subject to staff comments and recommendations. Mayor Pro Tem Bradley seconded the motion. Mario Shlesinger of 19232 Cloister Lake Lane in Boca Raton was present. Vice Mayor Matson asked him if the bonds will be put into his name if he acquires the six lots from Lennar. Mr. Shlesinger answered aff1nmatively. The motion carried 4-0. Commissioner Aguila was absent during the vote. MAYOR HARMENING DECLARED A RECESS AT 10:10 P. M. THE MEETING RESUMED AT 10:16 -- P. M. B. by Planni", a t Ioyntoa B..chand th. Vinings II at Boynton c:b CCl C ultants. Inc. How ij R. Scharlin. Trustee E t side of S. W. 8th Street. 1.400 eet north of Woolbright Road Sit. Pllns: Request for Site Pl appr~val to construct 548 apartments with sociated recreational amenities and gnage on 33.87 acres Ms. Heyden advised at this request was submitted Cel Consultants for site plan approval 0 rental apartments and pr1v recreational amenities to be located with1. . Woolbright lace PUD on a eel on the east side of S. W. 8th Street, approximately 1, 0 feet north Woolbright Road. This is a gated community with one entrance lanned off . W. 8th Street to serve all units. The project will be constr. cted in two. ases. The apartment buildings vary in height. No building exc dS 40'1-. e color elevations submitted were dis- played on the easel. T roofs ar. tile and the color scheme of the stucco textured building is e th ton ith a dark green stairway and railings. Agent: Owner: Location: The Planning and Development Board unanimously recommended approval of this request. subject to staff comments, with the exception of comment 7(i) of the - 25 - ---- MINUTES - PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDf-' SEPTEMBER 13. 1994 /' AlDi- / , .......... / -- Mr. Wheeler said the purp~se of the Ficus trees~1s ~o achieve instant impact. He routinely removes one..:third of the Ficus trees on every project he deals with every year. Mr. Wheeler said he knows the 25 Ficus trees will number 15 in two years, and in two more years theY~11 be e1ght~ and in four years, they will be gone. He needs th~ on thf!. s:1te for,,'the instant impact. He asked that con- sideration be given to th~ir past track record on th1rt~f1ve projects. They are removed for /the r~sons stated ./but 1 t is economic~ ly feas1b 1 e to 1 ncl ude them for 1 'tant J iJact. This i~.. he reason why ther~t' are only 25 Ficus trees on 33 acr, 's. /1:' Coco Plum is a easonable compromise and it is not an issue. Mr. Rosens~~c~ woul d like to ~ee;i'the propert;/ deve'l'~ped and said he supports the developer~ However, he feels t 'e developer should conSi,def)the concerns of the Board members. He does not bet eve there is a'big oUj'.liy O'f funds involved to inv~st gate this issue to see 'hat can be dO, rre.about"'lt./lilr. Wheeler agreed, but r quested that the Board a low"the 25 Ficus ~rees!-~-~ Cha rman Lehnertz said this S1t~//" ..' -----:;~~~;oper coming ,hn, was rated by/the County as .an Al env1ronm'ental site./- t was, a prime site ofn the County f9'r a nat1ve habi tat. It stHl contains~~tive scrub habitat. ./There is only 2% ~o 3% of the original upla~d' scrub habi,tat-left'in Palm Beach qounty. Chairman ,tehnertz feells the Board t~ asking the/develop~r to compr~' He does not see i(where 25 Ftcus trees Sh~.U'ld make a~.y.''differ~nce on the~a1)l.Jlty of this proj- ect. I // ,/ f' J, ,/ 1/ 1(/ / ~7 /f/ 1/ ., /-,/ ' '/ Mr. Ro~~nstock point' out that,;the develope~h /agreed 1/ put in the Coco PluruY'and g1ve theh ther tree~"requested. He 11 event.,,:llY have to remove the Ficus trees. He conmende~;the Board give... ' little IIlC?J':;. The City Conmission has the f1 na 1 ,s on appr,o~ 1 of thi s pr~pet. ,i J Cha 1 rman Lehne;tz modi f1' the moti on ref del ete the/I~e ues/t to ef the 25 Ficus trees. Mr. Wal s seconded IZti /motion. l ~- !' " ' ~- Chai rman Lehnertz clarified~h t ~ motion is ~ appr " bJict ~o all iaff cornnents with the exception 0 em 71, wh1ch}I,111 b one at/the fir .' of either Phase II or Phase C, ubst1tute na~ve s cies fo~'half ck Olives and to substitute na e species for. he cus shru, a1 t uffer between the 33 acre and the 14 acre parcel . ,1 Do - R-tMDtJ6 The motion carried unanimously. Vice Chainman Dub' requested that the minutes reflect the fact that the repre- sentatives present have agreed to the changes. D. TIME EXTENSION 1. Project Name: Agent: Owner: Location: Description: Boynton Llkls PUD - Plat S - lest ....s. 1J!o., is> 3(, Robert G. Comerlinck Real Estate Recovery, Inc. Resolution Trust Corporation Congress Avenue at Plaza Lane, southeast corner Request for an additional one-year time extension to site plan approval, concurrency exemption and construction of required improvements. - 21 - MINUTES - PLANNING ANt lVELOPMENT BOARD MEETING BOYNTON BEACH>> FLORIDA ~ SEPTEMBER 13>> 1994 Ms. Heyden made the presentation. If approved, this request would extend the expiration of the site plan to October 15, 1995, and would exempt the project from all of the City's concurrency levels of service and allow the applicant to complete construction of the remaining infrastructure by October 15, 1995. Since the 1991 approval of the site plan, the property went into receivership. In February of 1994, the City Commission approved a time extension for eight months only until October 15, 1994. There were conditions attached to that approval. Some of the conditions have been complied with, and others have not. Those conditions are carried over as staff comments as part of this project. Many of the required infrastructure improvements are in place such as streets, street lights, utilities and sidewalks. The construction ceased just prior to the City accepting some of the required improvements. This is a project which is near completion. It is a townhouse project which cannot be designed for any other type of use without major demolition. In staff's opinion, a great deal of effort has been made toward completion of the project, and they recommend the request be granted through October 15, 1995 subject to two comments. One comment is from the Engineering Department regarding the submittal of surety and a cost estimate for the remaining infra- structure improvements; and the other comment is from the Utilities Department with regard to the payment of reservation fees. Mr. Schlessinger infonmed Ms. Heyden at the beginning of the meeting that he has contacted Lennar who is interested in selling their six lots to Mr. Schlessinger. This will result in a unified project. Motion Mr. Golden moved to recommend approval of the time extension for Boynton Lakes PUD Plat 5 Best Homes submitted by Robert Comerlinck for an additional one-year time extension to site plan approval, concurrency exemption and construction of the required improvements, subject to staff comments. Mr. Weigle seconded the motion, which carried unanimously. CCM4ENTS BY "OS Ms. Heyden advised that it is now time to renew the susbscr1pt1on of the Planning Cana1ssioners Journal. We are currently receiving six subscriptions. The cost is $32 for the first subscription and $5 for each additional subscrip- tion. If each member subscribes, the cost will be $8.00 per subscription. Ms. Heyden circulated a sign-up sheet. Mr. Rosenstock referred back to the Miami Subs application and pointed out that the developer only received staff comments on Monday. He felt that did not pro- vide enough time for him to properly address the comments. Ms. H~yden advised that staff met with the applicant on the Thursday afternoon to review every comment. - - 22 - MINUTES - REGULAR CITY C" 'HSSION MEETING BOYNTON BEACH. FLORIDA JULY 5. 1994 RockY Goins. A ~ Dev said these are two separate issues and two separate suppTiers This spec 1 easement request is on behalf of the land- owner. The lan ner worked ith City staff. What the City Commission is proposing wil inder the 1 downer because of its concerns over the color of the buildin Mr. Goins s not involved in the submi of Cuco's drawings. The lando r understoo hat pink is one of the rs al wed by the design criteria nd the color ut on the building was e sugges d by the City. It is unfair 0 hold the 1 downer for ransom be e of the lor of Cucols paint. - Mr. G ns suggested orking together wi uco's to work something out. He off ed to approa the owner of Cue on the issue of the color of pai th future. The mot to remove the to renegotiate _ ~...,......-,j /*'" C Ms. Heyden tin overha color. Mr. Goi will be present at every Board ee make sure nothing like this aining outparcels i is center. He g when those applic ons come forward to again. - Commissioner Aguila thanked . Goins for any assis ance he can provide in this situation with the color of this restaurant. Vice Mayor Matson would like something in writing that Cuco's will confonm to the remainder of the shopping center when the building needs repainting. Vice Mayor Matson moved approval of Proposed Resolution No. R94-115. sioner Katz seconded the motion. which carried unanimously. 8. Proposed Resolution No. R94-115 Re:- Amendment to plat Boynton Lakes Partnership. Fru-Con Development to delete incorrect square ~ footage notation on plat ~~~~s Attorney Goren read Proposed Resolution No. R94-115 by title only. ~~k 12J ~\~> ~' ",' ('..{XJ"-""v ~ Commi s- 1\' " ~\Jv Motion THE COMMISSION RETURNED TO PROPOSED ORDINANCE NO. 094-20. 2. Proposed Ordinance No. 094-20 Re: Automotive Paint & Body Shop - Amend t~a-l~ning Code to Change t ng Space Requirement for Automated Paint and Body S f10k " J 24 as Cc\1..-~ \ -Ql-~ ~~ vJ square feet floor area. ~\t\?~ or and interior spray h may be counted area the size of a d and an interior spray our (4) outside parking Attorney Goren ,. - 20 - , . TES - REGULAR CITY ~OMMISSION MEETING NTON BEACH. FLORIDA })o AID' R>I! Wlo V;;UARY 15. 1994 Henrietta Solamon, 230 N. E. 26th Avenue, advised that people are afraid to go to the mall at night because the lighting in the parking lot is dim. This problem also exists at the Tri-Rail station. City Manager Miller will send let- ters to the mall and Tri-Rail. NO ONE ELSE WISHING TO SPEAK, MAYOR HARMENING DECLARED PUBLIC AUDIENCE CLOSED AND DECLARED A FIVE MINUTE RECESS AT 8:40 P. M. VIII. DEVELOPMENT PLANS A. Consent Agenda - Unanimously approved by the Planning and Development Board 1. Project Name: Agent: Owner: Location: Description: Boynton Lates PUD Plat 5. Best Homes Robert G. Camerlinck, Real Estate Recovery, Inc. Resolution Trust Corporation Congress Avenue at Plaza Lane, southeast corner Time Extension: Request for a one-year retroac- tive and one-year time extension to site plan approval and concurrency exemption, including appeal to development order category detenmina- tion. Tambri Heyden, Acting Planning and Zoning Director, advised that this project wishes to be located at the southeast corner of Plaza Lane and Congress Avenue. It started in 1985 when the property was platted as part of Plat 5 of Boynton Lakes. It includes 41 town homes that are platted on twenty-four by ninety foot wide lots. Since 1985, the 1991 site plan and the twenty-one month time frame for construction of required improvements have expired. The property reverted to the RTC and construction ceased approximately two years ago. In order to better market the property, the RTC has requested a retroactive extension of the site plan and the concurrency exemption. The majority of the improvements are in place and the property cannot be used for anything else without major demoli- tion. The Planning and Development Board unanimously recommended approval, sub- ject to staff comments (Engineering Department Memorandum No. 94-043 and Utilities Department Memorandum No. g4-032), and subject to the February 7, 1994 letter from Mr. Camerlinck. This letter addresses posting surety within Sixty days after transfer of the property to the new property owner and separate payments of capacity reservation fees. As of Friday, the City has received the retroactive reservation fees. If approved, the remaining reservation fees will be due within two weeks. Ms. Heyden stated that the Planning and Development Board was concerned about the timing for completion of the improvements. The Engineering Department memorandum states that commencement would take place prior to October 15, 1994. Ms. Heyden stated that it needs to be determined whether it is feasible and practical to require completion by October 14, 1994 (the expiration of the site plan), since there are only a few items that need to be completed. Mayor Pro Tem Matson asked City Attorney Cherof if the Commission could approve this time extension subject to conditions. City Attorney Cherof answered in the affi nnathe. - 17 - )ffS - REGULAR CITY JMMISSION MEETING l~rON BEACH, FLORIDA FEBRUARY 15, 1994 \ ( , Mayor Pro Tern Matson stated that this parcel is the only undeveloped piece of .., property left in the area and it is an eyesore. In some areas, the weeds are .. four to six feet high and she was concerned about children being dragged into this area. She wanted approval conditioned upon maintaining the property. Mayor Hanmening expressed concerned regarding granting time extensions in the past and felt that somewhere along the line we need to stop granting them. Vice Mayor Aguila stated that the Commission was amenable to granting exten- sions a few years ago because the economy was bad. He felt this was starting to turn around and suggested developing a policy and limiting extensions. He pointed out that about 85 percent of the infrastructure is in place and if these people do not get the opportunity to move forward, everything that is in the ground needs to be totally ripped out. In addition, a couple of people have indicated some interest in bidding on this and by having the extension, the base bid that the RTC would put on the project would be somewhat higher. Therefore, we would probably get somebody with a few dollars that is able to do something. Commissioner Walshak was in favor of granting time extensions if they are bene- ficial to the City and provide the City with a future window of opportunity to receive tax base from the property. Mayor Hanmening stated that because of its small size, this property is not attractive to certain developers. He felt this factor mitigates in favor of an extension for this particular parcel. Motion . Commissioner Katz moved to approve the extension conditioned on full compliance with staff comments and also Mayor Pro Tem Matson's comments, and if full com- pliance is not attained, the approval of the time extension becomes null and void. Mayor Pro Tem Matson seconded the motion. Bob Camerlinck advised that a contract has been awarded to a minority finn today to have the property cleaned up by Sunday. He was notified by Code Enforcement on February 1, 1994 that there was a problem. However, being a government contractor, he had to go through a contracting system and make sure a number of minority finns were called. The motion carried 5-0. B. Non-Consent Agenda - Not unanimously approved by the Planning and Development Board None. C. Other 1. Resolution Trust Company (RTC) - Direct Sales Progr~ reference property Sale of Clipper Cove Apartments - Presentations by three - 18 - " ".' -1>0 Nf)~ R -,:: ~(Jf/E MINUTES - REGULAR CI~i COMMISSION MEETING BOYNTON BEACH, FLORIDA ~ 2. Project Name: Agent: Owner: Location: Description: OCTOBER 15, 1991 Best Homes at Boynton Lakes PUD, Plat 5 Edward J. Kaplan H.M.~. Investments, Inc. Congress Avenue at Plaza Lane, southeast corner SITE PLAN: Request for site plan appro- val to construct 41 townhouses on a 5.5 acre parcel within Boynton Lakes, Plat 5. Mr. Cutro stated that staff recommended approval to the Planning & Zoning Board. Planning & Zoning requested that the owner obtain, in writing, prior to the Commission meeting, an agreement from the homeowners' association that the problems had been worked out. Mr. Cutro suggested that agreement be submitted at the time of final sign-off of the site plans. There are minor problems they are working out. He pointed out that Items 6 and 8 in the Planning Memorandum are recommendations, not conditions. They are over and above what the Code and plat require. The Parks and Recreation question regarding the open space has been resolved. The half credit does apply to this property. Edward Kaplan, 4620 W. Hawthorne Circle, Hollywood, Florida, is one of the principals in the development of Boynton Lakes, Plat #5. Mr. Kaplan stated that they do not agree with the suggestions which are in excess of the Code, but agrees with all of the others. City Attorney Cherof wondered if Mr. Kaplan understood that unfulfilled conditions could prevent the issuance of building permits. Mr. Kaplan understood. Motion Commissioner Aguila moved to APPROVE the site plan for Best Homes at Boynton Lakes PUD, ~lat #5 for 41 townhouses with conditions. Commissioner Matson seconded the motion which carried 4-0. 3. Project Name: Agent: Owner: Location: Description: Southeast Atlantic Distribution Center Robert E. Bashart, Urban Design Studio Quantum Associates Lot 49, Quantum Park: approximately 400' east of Park Ridge Boulevard and Beta Drive SITE PLAN: Request for site plan appro- val to construct a 63,288 square foot distribution ,facility on Lot 49, a 5.72 acre parcel, within Quantum Park Mr. Cutro stated the applicant requested this item be withdrawn from the Consent Agenda. They wish to comment on some of the items. Planning & Zoning unanimously recommended approval of 7 .~ ))t,'}J61- Y? ~ "..-:Ii: PLANNING DEPARTMENT MEMORANDUM NO. 91-256 October 11, 1991 TO: J. Scott Miller, City Manager ~f.t ~ THRU: Christopher Cutro, Planning Director FROM: Michael E. aaag, Zoning & Site Development Administrator RE: Community Appearance Board Meeting - October 10, 19~1 SITE PLAN - BEST HOMES AT BOYN'l"OH LAKES DESCRIPTION: Request submitted by George Berman, representative for H.M.F. Investments, Inc., for approval to construct forty-one (41) one and two story townhouses with garages and erect two (2) temporary sales signs, The project is located on the southeast corner of Congress Avenue and Plaza Lane. , RECOMMENDATION: The Board unanimously approved, (7-0), the request as submitted subject to staff comments and with the following stipulations: i. The foundation landscaping required to be planted around the perimeter of the buildings include a Hibiscus hedge along the rear of each building with the material spaced at twenty-four (24) inches on center and instal~ed at a height of twenty-four (24) inches ii. The tree height specifications for all trees that are located adjacent to the perimeter of each building be changed from eight (8) feet to ten (10) to twelve (12) feet ------- Motion was made by Eleanor Shuman and seconded by Jean Sheridan. 'J /. :1 / ,", ) ~ ,~'J" ;'.., 1 'i. ::l.;;1$ i, ;", ::~, ~ ~"t'" .- PLANNING DEPARTMENT MEMORANDUM NO. 91-256 October 11, 1991 <,. ;) J~~. ., .,..... ..lo. TO: J, Scott Miller, city Manager ~~~- THRU: Christopher Cutro, Planning Director FROM: Michael E. Haag, Zoning & Site Development Administrator RE: Community Appearance Board Meeting - October 10, 1991 SIft PLAN - BEST HOMES AT BOYlft"OH LADS ..'~' ~i~ ." .~";~: ..,,_ ,;... ~,'1" _~"' DESCRIPTION: Request submitted by George Berman, representative for H.M.F. Investments, Inc., for approval-to construct forty-one (41) one and two story townhouses with garages and erect two (2) temporary sales signs. The project is located on the southeast corner of Congress Avenue and Plaza Lane. -...-.,'-..'. .- . RECOMMENDATION: The Board unanimously approved, (7-0), the request as submitted subject to staff comments and with the following stipulations: , i. The foundation landscaping required to be planted around the perimeter of the buildings include a Hibiscus hedge along the rear of each building with the material spaced at twenty-four (24) inches on center and installed at a height of " twenty-four (24) inches .~ ii. The tree height specifications for all trees that are located adjacent to the perimeter of each building be changed from eight (8) feet to ten (10) to twelve (12) feet Motion was made by Eleanor Shuman and seconded by Jean Sheridan. \\~\9! So '* f'~" VOl 7D ~ece I Vb ))l3p1 J3v1!bJU c. ~ J s ' ~ KJ 1/ ';riP JVjJfl- 0).)1 ( I R-- j .s th,1e vE?D .. #~ K~Cj;\ YDf~ <S 1A i2-Te? b ~ ~/(?AJ' of .....'"t--, rl '.)--J,/ I . . MINUTES - REGULAR PLANNING & ZONING BOARD MEETING BOYNTON BEACH, FLORIDA OCTOBER 8, 1991 OLD BUSINESS A. SITE PLANS NEW SITE PLAN (Postponed by applicant on 9/10/91) Best Homes at Boynton Lakes P.U.D., Plat 5 Edward J. Kaplan H.M.F. Investments, Inc. Congress Avenue at Plaza Lane, South- east corner Request for site plan approval to construct 41 townhouses on a 5.5 acre parcel within Boynton Lakes, Plat 5. Tambri Heyden made the presentation and explained this item had been withdrawn from the last meeting and, therefore, afforded an opportunity for the applicant to meet with the homeowners' asso- ciation. They were able to work out most of the problems pre- sented at the last meeting. 1. project Name: Agent: Owner: Location: Description: Mr. Cutro explained that he attended a meeting with Mr. Kaplan wherein Mr. Kaplan stated agreement had been reached with the homeowners' association on all of the items at issue including parking, using the common areas for parking, hammerhead tur- narounds and whether or not they would allow overhangs and sidewalks. Mr. Cutro received a call from Lynne Matson today indicating this to be true. In response to a request from Chairman Rosenstock, Mr. Cutro agreed to get verification in writing before this application is forwarded to the City Commission~ With regard to additional parking, the homeowners' association refuses to use any common area for parking. Therefore, Mr. Kaplan will provide one additional space in front of each unit to allow for sufficient parking. Motion Ms. Huckle moved to approve the request of B~st Homes of Boynton Lakes for site plan approval to construct 41 townhouses on a 5.5 acre parcel within Boynton Lakes, Plat 5, subject to all staff comments. Mr. Cwynar seconded the motion which carried 6-0. (Mr. Howard abstained since he was absent for the last meeting.) - 2 -