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LEGAL APPROVAL MINUTES - Pll ING AND DEVELOPMENT BOARD MEET. 4 BOYNTON BEACH, FLORIDA MAY 9, 1995 B. Pol ce Memorial Serv e and Awards Cer ny Chainman be placed a cop of the invitation e received from t Boynton Beach Police De rtment to the P. lice Memorial Ser ce and Awards Cer any in front of each mem r. A. 6. OLD USINESS Land Use El nt Amendment/Re (continued f. om April II. 19 meeting) 1. Proje Agen Own Lac ion: h Christian Scho J. Ric rd Harris, Esqui Condo Investments, lnc East ide of High Ridg Road, approximately ne-half (~) ile south of Hig Ridge Road Re est to amend the uture land use map C prehensive Plan om Low Density Resi P lic and Governm tal/Institutional a rezoning om Planned Unit evelopment (PUD) to -IAA, Single amily Residenti Vice Cha an Golden m d to continue public hearing for. he land use ele- ment am dment/rezonin for the Lake Wo h Christian School 0 the June 13, 1995 meetin Mr. Reitz seconded the motio which carried 7-0. 7. NEW BUSINESS A. Site Plans 1. Project Name: Agent: NlutiCI PUD llkll Boynton Nurseries PUD Collen W. Walter Kilday & Associates, Inc. Boynton Nurseries Northwest corner of Lawrence Road and the l.W.D.D. L-21 Canal Request for site plan approval to construct entry wall signage, a private recreation facility, common area landscaping and landscape buffers. Mr. Haag stated that this is a request for a site plan approval for Boynton Nurseries which is now called Nautica PUD. He displayed an overlay showing the location of this property and an overlay of the entire project. The Zoning District is PUD with a land use intensity of 4.0. There are 374 single-family, Owner: Location: Description: - 4 - MINUTES - CITY COII4ISSION MEETING BOYNTON BEACH, FLORIDA MARCH 21, 1995 Motion Vice Mayor Matson moved to table Proposed Resolution No. R95-45. Commissioner Rosen seconded the motion which carried 5-0. William Hukill, the Director of Development, stated that the expenses for adver- tising and postage with respect to these public hearings have gotten out of hand. He would like to make a modification in the table to include advertising and mailing costs as applicable to an applicant. The Commission did not object. 2. Proposed Resolution No. R95-46 Re: Request support from Palm Beach County to widen Lawrence Road City Attorney Cherof read Proposed Resolution No. R95-46 by title only. Motion Vice Mayor Matson moved approval of Proposed Resolution No. R95-46. Commissioner Jaskiewicz seconded the motion, which carried 5-0. 3. Proposed Resolution No. "R95-47 Re: Support Palm Beach County School Board Boundary Changes for Citrus Cove Elementary School City Attorney Cherof read Proposed Resolution No. R95-47 by title only. Motion Vice Mayor Matson moved to approve Proposed Resolution No. R95-47. Mayor Pro Tem Bradley seconded the motion, which carried 5-0. D. Other 1. Update on Finizio Appeal City Attorney Cherof advised that Vincent Finizio, a previous employee of the City, had challenged the City's right to reorganize in a manner which eliminated his position, and sought an injunction in Circuit Court. The Circuit Court ruled in favor of the City and Mr. Finizio appeal led that decision to the 4th District Court of Appeal. The 4th District Court of Appeal upheld the Circuit Court's decision that an employee cannot seek and obtain an injunction to block the reorganization of the city departments. At the same time, the Court denied Mr. Finizio's Motion for an Award of Attorney Fees against the City. In response to Mayor Pro Tem Bradley, City Attorney Cherof advised that the City will file for attorney fees when this matter goes back to the Circuit Court for disposition. - 1B - MINUTES - PLAN~ ,G AND DEVELOPMENT BOARD MEETIH~ BOYNTON BEACH. FLORIDA MAY 9. 1995 detached homes. Site plan approval is requested for a recreational facility, site signage, and common ground landscaping. Mr. Haag displayed a site plan of the recreational facility and reviewed the required recreational amenities. The parking facility is adequate to serve the recreational facility based on the size of the recreational amenities. The building and recreational amenities fall within the building setback established at the master plan. The clubhouse is of a Spanish style which will be acceptable to the homes that are going to be built there. A sample of the roof tile that will be used was displayed. Mr. Haag stated that the colors in the report indicate a pale peach light texture; however, the samples shown look more like baker's white. Color elevations of the entrance sign were displayed. The colors of the wall sign will be the same colors as the building. Mr. Rosenstock asked about the size of the sign. Mr. Haag said the size of the sign was reviewed by the Building Department and is limited to 32 square feet. Mr. Haag advised that several departments had comments. He reviewed the following comments from the Planning and Zoning Department: 1. Modify the recreation area landscape notes to specify Melaleuca mulch instead of shredded Cypress mulch. 2. To avoid conflict between the location of the required site and pedestrian lighting poles and the landscape material, show on the recreation area planting plan the location of the required light fixtures. 3. To avoid conflict between the location of certain types of landscaping material within a utility easement, show and identify on the recreation area planting plan the location and width of all utility easements. Staff recommended approval of this request, subject to staff comments. Vice Chainman Golden asked about the driveway for the recreation area. On page 2 of staff's report, it indicates that it needs to be shifted to meet the parking lot ordinance. He asked what the problem is and what needs to be done. Mr. Haag advised that driveways located on collector roads have to be 180 feet from intersections. Mr. Rosenstock asked if the private streets allow easements for the Fire and Police Departments. Mr. Haag answered affinmatively. Vice Chairman Golden asked about the width of the right-of-way. Mr. Haag indi- cated that it is 80 feet at one point and 50 feet at another point. Vice Chairman Golden asked what the recommendation or alternatives are for moving the driveway. Mr. Haag advised that staff has discussed this with the - 5 - MINUTES - PLANNlnu AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MAY 9. 1995 applicant and he believes the applicant has worked up some preliminary drawings. However, he has not seen the applicant1s plan yet. Collen Walter was present on behalf of G. L. Homes of Florida, the developers of Nautica. She displayed the overall plan that was used as part of the develop- ment order amendment, which is essentially the master landscape plan for the project. Ms. Walter advised that she is before the Board this evening with regard to the common area landscaping and landscape buffers, the site plan, and signage. Ms. Walter stated that a minimum of one tree for every 25 linear feet and one shrub for every 10 linear feet was required as part of the master landscape plan along Lawrence Road. She proposed a substantial upgrade to the Lawrence Road buffer. It is a combination of native plant materials, flowering trees, and accent shrubs. They are clustered so that views are maintained to the lakes along Lawrence Road. In addition, the landscaping around the entry signage has been upgraded. She advised that the approved master landscape plan would have required 80 trees and 199 shrubs. However, the proposed plans show 185 trees and over 2,150 shrubs. In addition, there is a 20 foot utility easement which runs along Lawrence Road. There was a 10 foot landscape buffer dedicated on the approved site plan and an additional 20 feet which is the lake maintenance ease- ment. Portions of the littoral plantings have been located in this lake main- tenance easement adjacent to the 10 foot buffer. Therefore, essentially, a 30 foot wide landscape buffer has been created along Lawrence Road, including the littoral plantings. With regard to the perimeter buffers, the applicant has complied with the master landscape program. Ms. Walter stated that when the plat came before the Planning and Development Board, there were some neighborhood concerns with regard to security and the landscaping. She advised that G. L. Homes of Florida has entered into an agreement with the adjacent homeowners. (This agreement is attached to the ori- ginal minutes on file in the City Clerk's Office. Mr. Walter advised that the adjacent homeowners had concerns with regard to screening, security, and people cutting through their properties to get to Military Trail and the commercial center. Therefore, the applicant agreed to install a 5 foot high chain link fence. A hedge will be planted next to the fence so that it will grow through the fence. In about a year, the fence will be hidden by the hedge and the hedge will be maintained at a height of 8 feet. Ms. Walter stated that this provides very good screening between this project and the adjacent neighbors. In addi- tion, the fence will prohibit anybody from cutting through, which addresses the security issue. In addition, trees are proposed along the buffer. Ms. Walter advised that she has worked at great length with Kevin Hallahan, the City Forester/Environmentalist, with regard to the littoral plants. She advised that the purpose of littoral plantings is to filter runoff from the project. These plants collect the fertilizers and pesticides that people use on their lots and filter them out before they get to the water. Another purpose of lit- toral plantings is to provide some type of native habitat for animals, birds, - 6 - MINUTES - PLANNl . AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MAY 9. 1995 etc. She advised that the applicant has met the minimum requirement with regard to the littoral p1antings. Ms. Walter displayed a graphic showing the proposed entry sign. It also imposes the landscape from the landscape plan. The entry sign is about 6~ feet high. The main portion of the sign is about 15~ feet long and it has about a 7 foot wing wall which wraps back into the landscape. Ms. Walter advised that this sign had been reviewed by the Building Department to make sure that it met their requirements. With regard to the site plan and landscape plan for the recreation center, Ms. Walter advised that the applicant has provided the required amenities and the required parking area for the recreation facility. It meets the setbacks and there is ample open space provided on site for open play. With regard to the issue of access, Ms. Walter stated that the interpretation is that the Code requires a 180 foot separation from the main road and the first entry drive. The applicant is providing a 133 foot separation, but can accom- modate the 180 foot separation by shifting the entry drive and relocating four parking spaces. However, the applicant has requested an interpretation from William Hukill, the Director of Development, as to whether or not the 180 foot separation is necessary since this is a private road and not a thoroughfare road. However, Mr. Hukill is out of town until Friday. In response to Chainman Dube, Ms. Walter stated that the master landscape program requires only trees along the northern property line. However, the developer is interested in screening the agricultural use from this project and will probably add a hedge along the northern property line. Mr. Wische felt this was a well-presented plan and a lot of thought and work went into it. He was in favor of it. Mr. Rosenstock agreed that the presen- taton was well done and liked the landscaping plans. Vice Chainman Golden asked the reason for the 80 foot stubbed out collector road that turns into a 50 foot private right-of-way. Ms. Walter stated that in the unincorporated Palm Beach County Zoning Code, the number of trips generated determines the hierarchy of the roadways. The Engineering Department was con- cerned with the number of trips generated by two pods and the recreation center and felt this needed to be an 80 foot right-of-way. Ms. Walter thinks this was based on the County regulations. Chainman Dube did not see anything wrong with the driveway and felt it makes sense to keep it that way. Ms. Heyden conf1nmed for Mr. Beasley that a variance would be required to leave the driveway there. Ms. Walter asked if the Director of Development could make the detenmination that even though this is an 80 foot right-of-way, it does not constitute a thoroughfare. Ms. Heyden advised that according to the ordinance, any road that is a collector road has to be 180 feet, and the driveway off of it has to be 180 feet. Vice Chainman Golden asked if the stub or a portion of it could be abandoned to eliminate that problem. Ms. Heyden advised that this could be done. - 7 - MINUTES - PUU>.IING AND DEVELOPMENT BOARD MEET BOYNTON BEACh. FLORIDA MAY 9, 1995 Vice Chairman Golden saw no reason why the City would want a little stubbed out collector road. He felt the City Engineer would be happy to get rid of it. Motion Mr. Rosenstock moved to approve the Nautica PUD a/k/a Boynton Nurseries PUD, located at the northwest corner of Lawrence Road and the L.W.D.D. L-21 canal, request for site plan approval to construct entry wall signage, a private recreation facility, common area landscaping and landscape buffers, subject to staff comments. Mr. Reitz seconded the motion which carried 7-0. Mr. Haag ad sed that a cording to residential istrict, e app11ca landscapin (2 feet i height al wall, stu oed on bot sides and the west roperty 1i Mr. Haa stated tha the Planni g and Zoni Departmen could no find he landscape plan that the applicant said he submitted. Therefore, e was asked to he Code, w en a C-l z has a cho e of eith 9 the prop ty line) 0 ainted. I this case ing dist providin a six fo it is req buffer long - 8 - MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ../,1 -I ! 'I i .. '-. , J ~~- MAY 16, 1995 THE MOTION DIED FOR LA Motion mend for June, 1996. Motion Vice Mayor Bradley mov approval of the a licant's request for a time extension of 24 months. Mayor Pro Tem Matso econded the motion an quested that the motion include the 18 month retroactive extensi and the traffic phasing. Vice yor Bradley agreed to the additions. The motion carried . (Commissioner Rosen cast the diss ting vote.) AJ uJ S-P ./ rJ-/- (Jor D. Project: Agent: Owner: Location: Description: Nautica PUD . a.k.a. Boynton Nurseries PUD Collene W. Walter Boynton Nurseries Northwest corner of Lawrence Road and the L.W.D.D. L.21 Canal NEW SITE PLAN: Request for site plan approval to construct entry wall signage, a private recreation facility, common area landscaping and landscape buffers.................................... ....................... TAB LE D Motion Commissioner Rosen moved to remove this item from the table. Vice Mayor Bradley seconded the motion which carried unanimously. Kieran Kilday made the presentation in the absence of Collene Walter. He advised that this project has the unanimous approval of the Planning and Development Board. He displayed the site plan. 1Ror. 41'. only ~o '''Yilt req\Jlrln8 eltlrltiC:Atic:m for tRe ,ecol'd. With re._1'd to tRe reereation area, there was a question referring to the entrance to that area. Mr. Kilday advised that Mr. Hukill has provided the applicant with a letter which states that based on the traffic in the area, the entrance is acceptable. The second issue involves the fact that the applicant has met with surrounding property owners of the project and agreed to buffering and fencing in the areas of concern. He submitted an agreement which is attached to the original set of minutes on file in the City Clerk's Office. Mayor Pro Tem Matson referred to the bonding requirement and pointed out that the bonding company has a minus A rating, but our Code requires a AAA rating. 29 MINUTES W' REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA 'WI MAY 16, 1995 Mr. Hukill advised that he was not sworn to testify, but stated that this item is associated with the plat which is a separate agenda item. Ms. Heyden advised that staff recommends approval subject to staff comments. Mayor Taylor recommended that the Commissioners disregard the comments made by Mr. Hukill since he was not sworn to testify. Motion Mayor Pro Tem Matson moved to approve Nautica PUD, also known as Boynton Nurseri~s, new site plan approval to construct wall signage, a private recreation facility, common area landscaping and landscape buffers subject to staff comments. Vice Mayor Bradley seconded the motion which carried unanimously. City Manager Parker advised that Item X-C.4 deals with the final plat approval for Nautica II. Motion Mayor Pro T em Matson moved to move up Item X-C.4. Vice Mayor Bradley seconded the motion which carried unanimously. Bill Hukill, Director of Development, stated that there are two outstanding points involved with this request. The first involves bonding. The City Attorney had a question about the rating of the bonding company. In discussions this evening with the applicant's representative, the applicant will attempt to secure an irrevocable Letter of Credit which is preferred surety. The second issue deals with the recording of the property owner association documents. Mr. Huki II recommended that the City Commission approve the final plat, but not authorize the recording of the plat or the issuance of a land development permit until the two issues are resolved. The Commission will not see this request ag .n, but Mr. Hukill stated that he will not sign the plat until all items are corrected. 4. Re: Final plat approval Nautica II In the absence of Attorney C title only. anager Parker read Proposed Resolution No. R95-83 by Motion I Commissioner Jaskiewicz ~oved to approve roposed Resolution No. R95-83 provided the plat MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA MAY 16, 1995 , Mr. Hukill advised that he was not sworn to testi , but stated that this item is associated with the plat which is a separate agenda item. Ms. Heyden advised that staff recommends pproval subject to staff comments. issioners disregard the comments made by Mr. Hukill Mayor Taylor recommended that the Co since he was not sworn to testify. Motion \~ Mayor Pro Tem Matson m'oved to pprove Nautica PUD, also known as Boynton Nurseries, new site plan approval to construct w I signage, a private recreation facility, common area land.scaping and landscape buffers subject ~ .staff comments. Vice Mayor Bradley seconded the motion which carried unanimously. " City Manager Parker advis \ X-C.4 deals with the final plat approval for Nautica II. Motion Mayor Pro Tem Matso moved to move up Ite X-C.4. Vice Mayor Bradley seconded the motion which carried unani ously. Bill Hukill, Director of Development, stated that ther are two outstanding points involved with this request. The,first involves bonding. The City Attorn had a question about the rating or the bonding compafy. In discussions this evening with the a licant's representative, the applicant will attempt to/secure an irrevocable Letter of Credit which i referred surety. The second issue deals with thj recording of the property owner association do ments. I Mr. Hukill recommended that the City Commission approve the fi I plat, but not authorize the recording 'of the plat or the issuance of a land development perm until the two issues are resolved. The Commission will not see this request again, but Mr. Huk stated that he will not sign the plat until all items are corrected. 4. Proposed Resolution No. R95-83 Re: Final plat approval Nautica II In the absence of Attorney Cherof, City Manager Parker read Proposed Resolution No. R95-83 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Resolution No. R95-83 provided the plat 30 MINUTES ,.,. REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA ...., MAY 16, 1995 is not recorded, nor land development permit issued until the surety and EOA are acceptable to both the City Attorney and the Planning Director. Mayor Pro Tem Matson seconded the motion which carried unanimously. E. P~ject: Age~: Own~\ locatio. : Descripti Outpatient Properties, Inc. Wayne E. Puis Outpatient Properties, Inc. Southwest corner 0f SW 23 I\venue and Seacreast Boulevard MAJOR SITE PLAN M IFICATION: Request to amend the previously-approved site Ian to construct a surplus parking facility n a parcel adjacent to e Outpatient Center of Boynton Beach. This item was tabled earlier in Christ n Come AI~ve Deliverance & Conference Center, Inc. Milton ssell, Jr. / William a d Anrle Darville 3664 Old 'ixie/Highway MAJOR SITE IlAN MODIFICATION: Request for approval to convert a vacant build g for church use and install parking and landscaping. Milton Russell, representing the owneL. re ested that the request be approved with staff's recommendation. ,/ f ,I F. Project: Agent: Owner: location: Description: Ms. Heyden said staff and the Plan,{ing and Dev opment Board recommend approval of this project. The applicants plan to imp~6ve the appearan e of the property by painting it a pale yellow with grey trim. ,/ Motion Mayor Pro Tem Matson moved to approve the Christian Co e Alive Deliverance & Conference Center major site plan modification subjed to staff comments. ice Mayor Bradley seconded the motion wh ich carried 5-0. G. Proj ed: Agent: Owner: Location: Description: Seventh Day Adventist Church George C. Davis Seventh Day Adventist Church 138 SE 27 Avenue MAJOR SITE PLAN MODIFICATION: ~~uest to' amend the previously-approved site plan to allow share~parking and delete future additions shown in order to reduce required parking. 31