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LEGAL APPROVAL 'II~LTES PL\~~I:\fG AND DEVELOP\IENT BOARD BOY:\TO~ BEACH. FLORIDA OCTOBER 8. 1996 Motion Mr. Aguila moved to postpone this item until the November 12. 1996 meeting. Mr. Wische seconded the motion, which carried 6-0. 7. NEW BUSINESS A. Appeals Landscape Appeal Boynton Festive Center Jill Jarkesy Agree Ltd. Partnership The northwest corner of Old Boynton Road and Congress Avenue Request for a landscape appeal to omit a 2.5 foot wide landscape strip between a vehicle use area and a proposed abutting property line in connection with subdividing the shopping center. Ms. Jarkesy represented the owner of the Boynton Festive Center. She stated that this landscape appeal has arisen as a result of a subdivision that has been submitted and is currently undergoing staff review. She is proposing to subdivide the shopping center. The restaurant parcels are going to be subdivided from the retail parcels. However, the shopping center will remain under uniform control. It will be managed and operated as one shopping center. Technically, the line of subdivision goes down the access drive off of Old Boynton Road. We cannot physically meet the Code requirement to install a hedge down the middle of a driveway. She agreed with the conditions of approval and advised that an 18 inch hedge will be installed on either side of the access way. She said the purpose of this Code requirement is to form a barrier between a vehicular area and an abutting property but, basically, what we have here are two parking areas. Therefore, the need for the landscape barrier is really not present. 1 . Project: Agent: Owner: Location: Description: Chairman Dube commented that the only reason for subdividing the shopping center would be to sell it in the future. He pointed out that it is under control of one person now; however, it could be sold in the future. Ms. Jarkesy advised that technically, the leases are for 99 years. Therefore, the only thing that is going to change is the underlying title. Mr. MacMillan will remain the owner of the two restaurant parcels, which are now currently 4 _.._-"~---_.~-----_._--"~--~-- ~--~--------- :\lINLTES PL.\Y\I:\G .-\:\10 DEVELOP;\1E~T BOARD BOY:\TO~ BEACH. FLORIDA OCTOBER 8. 1996 leased to the two restaurants. In addition, the current owner of the overall shopping center will remain the underlying owner of the two retail parcels which are currently leased. So technically there is no change other than a 99 year lessee will become an owner. They are doing this purely for business and tax reasons. There is a very detailed operation and easement agreement of approximately 80 pages which has been recorded in the public records. The City Attorney has reviewed it and it will be part of the record as part of the subdivision. Mr. Haag asked if the 18 inch hedge will be installed on both sides of the access way. Ms. Jarkesy said. "No." The condition reads, "on either side". She has not analyzed it with the landscape architect yet. Therefore, it has not been determined which side would be the better side yet. She had some concerns with line of sight. In order to address safety issues, a hedge may not be appropriate the entire width of the landscape barriers. Therefore, this will have to be looked at closely. Mr. Haag informed the board that he has not yet received confirmation from the City Attorney that the 80 page document referred to by Ms. Jarkesy has been accepted. Motion Mr. Wische moved to approve the request for a landscape appeal to omit a 2.5 foot wide landscape strip between a vehicle use area and a proposed abutting property line in connection with subdividing the shopping center for Boynton Festive Center, subject to staff comments. Mr. Elsner seconded the motion. Chairman Dube asked if anyone in the audience wished to speak for or against this issue; however, no one did. The motion carried 6-0. Mr. Aguila pointed out that Ms. Jarkesy made a valid point. If you hedge the entire length, there will be some visibility problems. Therefore, some latitude needs to be afforded. Mr. Haag stated that we will apply the standard line of sight regulations. B. New Site Plan 1. Project: Agent: Owner: Boynton Commons pee Land Design South Bill Ray Winchester and Elsie A. Winchester 5 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1995 Description: Boynton Commons Robert A. Bentz Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue Request for a landscape code appeal to om it a 2 Y2 I wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. A. Project Name: Agent: Owner: Location: Mike Rumpf made the presentation using the overhead projector to display the master plan. The section of the code being appealed refers to the perimeter landscape strip which is required between the vehicle use area and the abutting property line. The location of the area being appealed is on the southwest portion of the site along the southwest accessway. The request is to amend approximately 270 lineal feet of hedge planted 18" tall spaced 2' on center and installed in a 2.5' wide landscape strip. The code states that the purpose of the landscape strip and hedge is to form a visual buffer to screen the view of the vehicle use area from abutting property. The applicant does not want to relocate the access aisle to accommodate that landscape strip due to the curb cut already existing in this location and in anticipation of a future access road. The Planning and Zoning Department recommends approval of this appeal provided that the approval of the appeal does not grant the, property owner to the south an exemption to installing the required landscape material in a minimum 2.5' wide landscape strip. Mr. Rosenstock asked for further clarification of the request. Using the plans, Mr. Rumpf pointed out the location of the landscape strip and explained that there is not enough width between the accessway and the property line to install this landscape strip. The applicant requested permission to place the strip on the northern side of the accessway. Mr. Beasley confirmed with Mr. Rumpf that when the property next to this parcel IS developed, they will be required to install a landscape strip. ALTHOUGH THIS WAS NOT A PUBLIC HEARING ITEM, CHAIRMAN DUBE ANNOUNCED THAT THE BOARD WOULD ACCEPT INPUT FROM THE AUDIENCE. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION. Joe lelanic~ land Design South, advised that the key to this area is an existing ingress/egress easement. This allows this property and the property to the south access to Winchester Park Boulevard through the median opening. This easement must remain. It already contains 6 MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 10, 1995 pavement and it is a joint use for both properties. The applicant is proposing to provide the 10' PCD buffer. The only difference is that the applicant would like to place it on the north side of the easement. A hedge and tree row are proposed along the area. Motion Vice Chairman Golden moved to recommend approval of the landscape code appeal for Boynton Commons to omit a 2Y:z' wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. Mr. Wische seconded the motion which carried unanimously. THE PROCEEDINGS REVERTED TO THE PUBLIC HEARING PORTION OF THE AGENDA. Conditional Use Approval 2. Project Name: Agent: Owner: Location: Description: St. Joseph's Episcopal Church and School Jerome F. Milord St. Joseph's Episcopal Church 3300 South Seacrest Boulevard Request for conditional use approval to construct a new 6,482 square foot classroom building to the existing school, a 30 space parking lot and tennis courts. Mr. Titcomb declared a conflict of interest and would not participate in this hearing. Mrs. Frazier replaced Mr. Titcomb as a voting member. Dan DeCarlo made the presentation. The surrounding land uses and zoning include existing single-family homes zoned R-1AAB to the north; Seacrest Boulevard, existing houses and the Seacrest Scrub zoned R-1 AAB to the east; undeveloped vacant land zoned R-1 AA to the south; and a single-family neighborhood zoned R-1AAB to the west. The following standards were evaluated: 1. Ingress and egress - The site has two driveways to the on-site parking area. The driveways are located on Seacrest Boulevard and Swinton Avenue. 2. Off-street parking and loading area - A 1988 shared parking agreement was modified in 1994 to allow approval of the gymnasium and classroom expansion in 1994. Palm Beach County Traffic required a deed restriction to be filed that limited student enrollment to 225. This request provides a new 6,329 square foot classroom building and an adjacent 970 square foot fenced playground 7 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Attorney Cherof advised that when this issue comes back, Mr. Kilday will be permitted to continue with the presentation and supplement the record. Mayor Pro Tem Matson requested that the residents of the area be notified of this issue. Mr. Kilday advised that he notified the president of the Tara Lakes Homeowners' Association of tonight's meeting, but he was unable to attend. He will be here for the next meeting. Mr. Kilday asked for clarification of the platting issue he met with staff about. He was advised that the meeting room rather than the cabana is still an issue. D. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue LANDSCAPE APPEAL- Request for a landscape code appeal to omit a 2 1/2 foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. This issue was addressed under Item VI-B.l. MAYOR TAYLOR DECLARED A BRIEF RECESS. THE MEETING RESUMED AT 9:05 P.M. Commissioner Jaskiewicz requested that the Code Amendment relative to Psychic Readers be moved up on the agenda to accommodate residents in the audience. Motion Commissioner Jaskiewicz moved to amend the agenda to have Item B, "Code Amendment", moved up on the agenda. Mayor Taylor suggested including the combination of the three UPS items. Commissioner Jaskiewicz agreed to the amendment. Vice Mayor Taylor seconded the motion which carried 4-0. B. Code amendment. regarding Psychic Readers Jerry Broenin~82(LNort~RoacL represented Inlet Cove Association which is comprised of Harbor Estates, Coquina Cove, and Yachtsman Cove. This Association was formed for the purpose of promoting public safety with the idea of beautification being involved and improvement of property values. The property owners are distressed that a member of the Commission feels this neighborhood is a better place for psychic readers than Ocean Avenue. Residents of the community were present in the audience to hear comments from the Commission. Mayor Taylor clarified that the Commissioners did not decide that one neighborhood was better than another for such a use. Staff recommended C-4 for this use. 20 ;' - \ ,; ~. /(,,<: t - ,:r "';", :f MINUTES PLANNING It DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA NOVEMBER 14, 1995 B. SITE PLANS A. Mas~lanModlfIcadoa I. Project: Agent: Owner: Location: Tara Oaks PUD Kilday and Associates Bill Ray Winchester Northeast comer of Woolbright Road and Knuth Road Request for approval to modify the previously- .approved master plan to change access points, recreational amenities, and unit type from apartments to townhouses and use acreage. Description: Ms. Heyden distributed a handout requesting a postponement. Staff prepared a summary of the occurrences of the Cty Commission meeting. The applicant presented a revised master plan during the Cty Commission meeting that staff had not had an opportUnity to review. From the recommendations made by the Cty Commission, there are changes required. To prevent this type of situadon from occurring in the future, and to give staff an opportUnity to prepare additional comments if necessary, staff recommended that the plan be sent back to staff for comments. The applicant agreed and submitted the new plan. They are prepared to go forward at the next TRC meeting, and the next Planning and Development Board meeting. Ms. Heyden provided a report on the disposidon of agenda items from last month's meeting: Rezoning for Boynton Commons - This board recommended approval and that approval was endorsed by the Cty Commission. St. Joseph's Episcopal Church/School Condition Use Approval - This board recommended approval which was endorsed by the City Commission. Landscape Appeal for Boynton Commons - This board recommended approval subject to staff comments, and that approval was endorsed by the Oty Commission. UPS Landscape Appeal - This board recommended approval subject to staff comments, and recommended landscaping in equal cost In front of the building instead of installing the landscaping along the south of the building. The CIty Commission accepted that recommendadon, and also allowed a change on the north property line. They recommended that the gaps in the hedge be filled In. 13 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 DESCRIPTION: ~REZ6'Nl~t::"".:- Request for zoning and master plan approval to construct a 186,130 square foot retail complex on 23.03 acres of land in connection with a rezoning from C-3 to Planned Commercial Development WCD). and DESCRIPTION: Boynton Commons Robert A. Bentz, Land Design South Bill Ray Winchester & Elsie A. Winchester The southwest corner of Old Boynton Road and Congress Avenue LANDSCAPE APPEAL - Request for a landscape code appeal to omit a 2Y2 foot wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site. 1. PROJECT NAME: AGENT: OWNER: LOCATION: Mr. Lelanic explained that this parcel is in a commercial area with the Mall to the north. There are four access points to this parcel. Three of the access points are full turning movements and the fourth (southern-most access on Congress Avenue) is right-in/right-out. The application has been reviewed by the TRC and the applicant has responded to the comments. The 10' required PCD landscape buffer will be provided around the property. There were requests by staff that the landscaping be upgraded, and the applicant has no problem with that request. A landscape appeal has been filed for the southwest corner of the property. At that location, there is an existing ingress/egress easement which services the property adjacent to Boynton Commons parcel. This ingress/egress easement provides access from Winchester Park Boulevard through a median cut. Without this, access to the southern property will be denied. The applicant proposes to move the required 10' PCD buffer to the north of the easement. This site plan has been developed into a configuration which allows internal circulation, provides outparcels along Congress Avenue, and an efficient flow through the site. Tambri He.~den, P~onin~DirectOI, made the presentation. There will be two main buildings and three outparcels. Some of the buildings indicate drive-throughs. When the master plan is submitted, if a drive-through is indicated, a conditional use approval is not required at site plan approval. The Comprehensive Plan includes this property and the property to the west as Planning Area 7.f. The Plan indicates that this property should be rezoned to PCD when developed. The maximum height of the structures will be 45' including the clock tower. There are three standards used for evaluating the appropriateness of PCD zoning. They are: 1. Relation to major transportation facilities; 2. utility extensions, storm water mitigation and roadway improvements; and 3. physical character of the site. 8 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA OCTOBER 17, 1995 Palm Beach County ~as reviewed the traffic study, and this project meets their Ordinance. The Engineering Department has received the storm water master plan, and indicated that it must be certified by an engineer that it meets Code. Standard #3 has been accepted by the Engineering Department. Staff recommends approval of this project subject to staff comments. The Planning and Development Board also recommended approval of this project subject to all staff comments. MAYOR TAYLOR ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PROJECT. In response to Commissioner Jaskiewicz' question regarding the location of this parcel, Mr. Lelanic confirmed that there is an existing bank building currently on the site which will be removed. Commissioner Jaskiewicz feels this project will be a tremendous asset and aesthetic improvement to the area. Vice Mayor Bradley inquired as to the look of the north elevations. Mr. Lelanic advised that architectural elevations are still in the finalization stages. The applicant has proposed extensive landscaping to the rear of the buildings. There will be a hedge and trees which will hide the view of the rear of the buildings. Ms. Heyden advised that site plans will be required at a later date and full elevations will be submitted at that time. In response to Mayor Pro Tem Matson's question about possible anchor tenants, Mr. Lelanic stated that possible tenants include Barnes & Noble, Linen & Things, etc. Motion Mayor Pro Tem Matson moved to approve the zoning and master plan change from C-3 to PCD 'for Boynton Commons, southwest corner of Old Boynton Road and Congress Avenue, so that a 186,130 square foot retail complex can be built on 23.03 acres of land subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. Motion Mayor Pro Tem Matson moved to approve the landscape appeal for Boynton Commons to omit a 2W wide landscape strip between the vehicle use area and the abutting property line at the southwest corner of the site - Old Boynton Road and Congress Avenue, subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. C. PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: St. Joseph's Episcopal Church and School Jerome F. Mi lord St. Joseph's Episcopal Church 3300 South Seacrest Boulevard CON DITIONAl USE APPROVAL - Request for conditional use approval to construct a new 6,482 square foot classroom building to the existing school, a 30-space parking lot and tennis courts. 9